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Home My WebLink About04-02-2024 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, April 2, 2024, 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 April 2, 2024, 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 103 April 2, 2024 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 103 April 2, 2024 PROCLAMATIONS PR1 Proclamation Recognizing the Week of the Young Child (David L. Udall) MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS PRESENTATIONS P1 Relating to Community; presentation, discussion, and possible direction regarding recent activities of the Pinal Partnership (Tony Smith) 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 Approval of Study Session Summary Minutes of March 12, 2024 and of Regular Meeting Summary Minutes of March 20, 2024 (David L. Udall) LIQUOR LICENSES L1 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding an application for a new series #012 Restaurant liquor license submitted by Bertha Judith Leatherman Contreras on behalf of Tio Ben's Mexican Grill, located at 3682 West Orange Grove Road Suite 146, Tucson, Arizona, 85741 (David L. Udall) BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION Marana Town Council Regular Meeting Agenda Packet Page 3 of 103 April 2, 2024 Al PUBLIC HEARING Ordinance No. 2024.010: Relating to Land Development; revising Marana Town Code Title 17 (Land Development), Chapter 17-4 (Zoning), Section 17-4-11 (Blended -use (BU)) and Section 17-4-12 (Downtown Marana overlay (DO)) to correct erroneous cross references; and declaring an emergency (Jane Fairall) A2 PUBLIC HEARING Resolution No. 2024-029: Relating to Development; amending the infrastructure improvements plan supporting development impact fees for streets facilities and the streets facilities development fee report by renaming the project identified as "Adonis Road" as "Adonis Road/ Mandarina Blvd" without changing the amount of the streets impact fees or the level of service (Fausto Burruel) A3 Resolution No. 2024-030: Relating to Water and Wastewater; approving and authorizing the Mayor to sign reconciliation agreements for construction of water and sewer facilities under private contract with Mandarina Holdings, LLC for the Mandarina development (David L. Udall) 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) D2 Relating to Legislation and Government Actions; discussion and possible action or direction regarding all pending state, federal, and local legislation/ government actions and on recent and upcoming meetings of other governmental bodies (Terry Rozema) D3 Relating to Budget; discussion, direction, and possible action regarding development of the fiscal year 2024/2025 budget, including proposed budget initiatives and expenditures (Terry Rozema) EXECUTIVE SESSIONS Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session, which will not be open to the public, to discuss certain matters. Marana Town Council Regular Meeting Agenda Packet Page 4 of 103 April 2, 2024 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 5 of 103 April 2, 2024 MARANA AZ ESTABLISHED 1 9 7 7 Council -Regular Meeting PR1 Meeting Date: 04/02/2024 Date: April 2, 2024 Subject: Proclamation Recognizing the Week of the Young Child (David L. Udall) Proclamation Attachments Marana Town Council Regular Meeting Agenda Packet Page 6 of 103 April 2, 2024 MARANA AZ ESTABLISHED 1977 PROCLAMATION Recognizing the Week of the Young Child WHEREAS, all of Arizona's children deserve access to quality Early Care and Education (ECE) environments; and WHEREAS, quality child care programs build children s lifelong learning skills during the critical years from birth to age five; and WHEREAS, ECE teachers and child care providers are the essential workforce that helps Arizona parents get to work or school; and WHEREAS, funding quality child care is a smart investment that improves family well- being, strengthens communities, and grows our state's prosperity; and WHEREAS, First Things First, Arizona Association for the Education of Young Children, Southern Arizona Association for the Education of Young Children, and other community organizations, in conjunction with the National Association for the Education of Young Children, are celebrating the 53rd anniversary of the Week of the Young Child; and WHEREAS, these organizations are working to improve equitable early childhood opportunities that provide a strong start for children in Marana; and WHEREAS, public policies that support ECE for Arizona's youngest learners help our families, communities, and the economy thrive. NOW, THEREFORE, I, Ed Honea, Mayor of the Town of Marana, do hereby proclaim April 6 -12, 2024, as the Week of the Young Child in Marana and encourage all citizens to support Early Care and Education in our community. Dated this 2nd day of April, 2024. ATTEST: David L. Udall, Town Clerk r Uyem-t-c— Ed Honea, Mayor Marana Town Council Regular Meeting Agenda Packet Page 7 of 103 April 2, 2024 A6� MARANA AZ ESTABLISHED 1 9 7 7 Council -Regular Meeting Meeting Date: 04/02/2024 To: Mayor and Council From: David L. Udall, Town Clerk/Assistant Town Attorney Date: April 2, 2024 Strategic Plan Focus Area: Not Applicable Subject: Relating to Community; presentation, discussion, and possible direction regarding recent activities of the Pinal Partnership (Tony Smith) Discussion: P1 The Pinal Partnership was established in 2005 to bring together people and ideas to help Pinal County reach its full potential. The organization's President and Chief Executive Officer, Mr. Tony Smith, will provide the Town Council with an update regarding the activities of the Pinal Partnership, including a review of updated Pinal County maps that depict the latest road systems, major economic facilities, education centers, and more. Staff Recommendation: Presentation only. Suggested Motion: No motion is necessary. No files) attached. Attachments Marana Town Council Regular Meeting Agenda Packet Page 8 of 103 April 2, 2024 A6� MARANA AZ ESTABLISHED 1 9 7 7 Council -Regular Meeting Meeting Date: 04/02/2024 To: Mayor and Council From: David L. Udall, Town Clerk/Assistant Town Attorney Date: April 2, 2024 Subject: Approval of Study Session Summary Minutes of March 12, 2024 and of Regular Meeting Summary Minutes of March 20, 2024 (David L. Udall) Attachments Study Session Summary Minutes, 03/12/2024 Regular Council Meeting Summary Minutes, 03/20/2024 C1 Marana Town Council Regular Meeting Agenda Packet Page 9 of 103 April 2, 2024 MARANA AZ ESTABLISHED 1977 MARANA TOWN COUNCIL STUDY SESSION 11555 W. Civic Center Drive, Marana, Arizona 85653 Second Floor Conference Center, March 12, 2024, 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. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE: Led by Mayor Honea. APPROVAL OF AGENDA Vice Mayor Post moved to approve the agenda as presented. Council Member Kai seconded the motion. Motion passed, 7-0. DISCUS SION/DIRECTION/POSSIBLE ACTION D1 Relating to Transportation; presentation by Kittelson & Associates providing an update and recommendations related to the Town of Marana Transportation Master Plan; discussion and possible direction regarding the final Master Plan document (Fausto Burruel) Council Study Session Meeting March 12, 2024 P a g e 1 1 Marana Town Council Regular Meeting Agenda Packet Page 10 of 103 April 2, 2024 Public Works Deputy Director Jennifer Flood introduced the topic and its presenters, Vamshi Yellisetty and Phillis Huegel, Senior Principal Planner and Principal Planner, respectively, at Kittleson & Associates. Ms. Flood informed the Council that this was the final presentation on the Transportation Master Plan, and that the plan would be finalized and likely be ready for adoption in April of this year. Ms. Huegel began her presentation by outlining the Towns population history since its incorporation in 1977. She highlighted changes in the Town since the 2001 Transportation Master Plan and presented on estimated future population projections. She then showed a slide depicting what Marana's projected transportation conditions could look like in 2055 if no roadway improvements are made. Ms. Huegel shared the results of the Transportation Master Plan survey and survey results. She also provided survey information and recommendations related to multimodal enhancements in the Town. Mr. Yellisetty explained key findings resulting from the study and detailed options and recommendations for each transportation sector, as set forth in the presentation slides. A copy of the presentation slides is on file with the Town Clerk's Office. Clarifying questions were asked and answered throughout the presentation. For more detailed information, including maps, images, and charts, please see the presentation slides. Regarding a portion of the presentation related to recommended Ina Road improvements on a portion of Ina Road, Council Member Ziegler commented that Ina Road is currently congested. Mr. Yellisetty said that a part of Ina Road is congested and that improvements were recommended in those areas as part of the Master Plan. Mr. Rozema highlighted that part of the reason for the current congestion on Ina Road is due to Orange Grove Road being closed. Regarding the options presented to alleviate traffic congestion on the Tangerine Interchange (e.g., full interchange on Avra Valley Road, etc.), Mr. Rozema asked what the environmental concerns consisted of. Mr. Yellisetty and Ms. Flood said one of the concerns was that the area involved consisted of a major wildlife corridor. Vice Mayor Post expressed concern that it would be an expensive project. Regarding the recommended Tortolita Interchange, Council Member Craig commented that it did not seem worth the expense to construct the Tortolita Interchange if the Arizona Department of Transportation (ADOT) required improvements to the Pinal Airpark Interchange. Mr. Yellisetty said the Tortolita Interchange is developer driven and therefore that much of the cost would be borne by the developer of Tortolita. Council Study Session Meeting March 12, 2024 P a g e 12 Marana Town Council Regular Meeting Agenda Packet Page 11 of 103 April 2, 2024 Council Member Ziegler recommended connecting Dove Mountain Boulevard to Interstate 10. Mr. Rozema commented that there may be community members who would not be in favor of such a project. Mayor Honea expressed concern at the cost associated with all of the recommended projects. He said the plan may be a best -case scenario from a planning perspective, but not from a funding perspective, and said the focus from a funding perspective needed to be on immediate needs. Mr. Yellisetty said that the plan is designed to assist with project timing. Mayor Honea said he didn't see anything in the presentation regarding Silverbell Road, and said efforts should be made to make it a four -lane, all-weather roadway from Marana until the inner part of Tucson so as to act almost as a second freeway. Mr. Yellisetty said a lot of the two-lane segments of Silverbell were out of Marana's jurisdiction and that the modeling shows that improvements to Silverbell would not be sufficient to reduce traffic congestion. Council Member Kai asked if ADOT would bear the cost of frontage road improvements on both sides of Interstate 10 and asked if the Town should pursue that option to alleviate freeway congestion during closures related to interchange improvements. Mr. Yellisetty said that construction responsibilities were beyond the scope of the current master plan study efforts, but he said that steps would need to be taken to find opportunities in collaboration with ADOT. Ms. Flood said the master plan is intended to provide overall guidance moving forward over the next twenty years with the overall goal of reducing congestion as the Town continues to grow. 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 Council Study Session Meeting March 12, 2024 P a g e 13 Marana Town Council Regular Meeting Agenda Packet Page 12 of 103 April 2, 2024 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 requested. ADJOURNMENT Mayor Honea asked for a motion to adjourn the meeting. Vice Mayor Post and Council Member Kai moved to adjourn the meeting. Motion passed, 7-0. Meeting adjourned at 7.04 PM. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council Study Session Meeting held on March 12, 2024. I further certify that a quorum was present. David L. Udall, Town Clerk Council Study Session Meeting March 12, 2024 P a g e 14 Marana Town Council Regular Meeting Agenda Packet Page 13 of 103 April 2, 2024 MARANA AZ ESTABLISHED 1 9 7 7 MARANA TOWN COUNCIL REGULAR COUNCIL MEETING 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, March 20, 2024, at or after 6:00 PM Ed Honea, Mayor Jon Post, Vice Mayor Patti Comerford, Council Member Jackie Craig, Council Member Herb Kai, Council Member John Officer, Council Member Roxanne Ziegler, Council Member SUMMARY MINUTES CALL TO ORDER AND ROLL CALL Mayor Honea called the meeting to order at 6:01 PM and directed the Town Clerk to call the roll. Council Member Craig and Council Member Comerford were absent. All other Council Members were present, constituting a quorum. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE: Led by Mayor Honea. APPROVAL OF AGENDA Mayor Honea asked for a motion to approve the agenda. Council Member Kai moved to approve the agenda as presented. Vice Mayor Post seconded the motion. Motion passed, 5-0. CALL TO THE PUBLIC PROCLAMATIONS Council Regular Meeting Summary Minutes March 20, 2024 Page 1 of 6 Marana Town Council Regular Meeting Agenda Packet Page 14 of 103 April 2, 2024 MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Ziegler, Council Member Kai, and Mayor Honea praised the Towri s recent Founders' Day signature event held on March 16, 2024. Council Member Kai said he was glad to see Congressman Juan Ciscomani in attendance at the event. Mayor Honea said he attended Representative Ciscomani s press conference with the Mayor of Sahuarita. He said Representative Ciscomani, State Senator Justine Wadsack, and State Representative Cory McGarr would be in attendance at Marana's upcoming State of the Town event. Vice Mayor Post said the accumulation of trash along Avra Valley Road needed to be addressed and asked Town staff to take steps to work with Waste Management to address it. Mr. Rozema said the Town would work with Waste Management to address it. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Town Manager Terry Rozema said the Town has issued 93 single-family residential permits so far for the month of March. Last March, there were 60 total permits issued. He provided an update on the construction of the Community Center and Aquatics Center and on the construction of the CalPortland segment of the shared use path. He also said the Crossroads at Silverbell District Part courts will be closed for resurfacing on April 1 through April 26. PRESENTATIONS CONSENT AGENDA C1 Ordinance No. 2024.007: Relating to Administration; amending Marana Town Code Title 3 (Administration), Chapter 3-2 (Establishment, compensation, and powers and duties of town officers); revising Section 3-2-4 (Town clerk) to provide that the town clerk shall delegate the duties of treasurer to the Towri s finance director and to remove from the town clerk's duties the duty to serve as the town marshal; adding new section 3-2-8 (Town marshal) to designate town officers to serve as the town marshal; and designating an effective date (David L. Udall) C2 Ordinance No. 2024.008: Relating to Municipal Court; amending Marana Town Code Title 5 (Marana Municipal Court), Chapter 5-6 (Fees); revising Section 5-6-1 (Fee schedule for court costs) to allow the town treasurer to invest court improvement fund Council Regular Meeting Summary Minutes March 20, 2024 Page 2 of 6 Marana Town Council Regular Meeting Agenda Packet Page 15 of 103 April 2, 2024 monies instead of mandating such investment; and designating an effective date (David L. Udall) C3 Ordinance No. 2024.009: Relating to Police; amending Marana Town Code Title 4 (Police Department), Chapter 4-1 (Police department); revising Section 4-1-5 (Duties of chief of police) to remove from the chief of police's duties the duty to collect license fees levied within the Town; and designating an effective date (David L. Udall) C4 Resolution No. 2024-021: Relating to Administration; approving and authorizing the Mayor to execute Amendment Three to the Intergovernmental Agreement with Pima County for the Pima Early Education Program (Lisa Shafer) C5 Resolution No. 2024-022: Relating to Development; approving a release of assurances for Breakers 40 and accepting public improvements for maintenance (Jason Angell) C6 Resolution No. 2024-023: Relating to Development; approving a release of assurances for Saguaro Bloom 713 and accepting public improvements for maintenance (Jason Angell) C7 Resolution No. 2024-024: Relating to Marana Regional Airport; approving and authorizing the Town Manager to execute an Airport Development Reimburseable Grant Agreement in the amount of $17,355.00 between the State of Arizona, by and through the Department of Transportation (ADOT), and the Town of Marana for the purpose of aiding in financing the Automated Weather Observing System (AWOS) Replacement project (Grant No. E4171C 01C) (Fausto Burruel) C8 Resolution No. 2024-025: Relating to Marana Regional Airport; approving and authorizing the Mayor to sign a Land/Facility Use Agreement between the Town of Marana and the Arizona Department of Forestry and Fire Management for use of the Airport as an air tanker base for fire suppression activities during fire season (David L. Udall) C9 Resolution No. 2024-026: Relating to Public Works; Authorizing the Town Manager to sign joint trench agreements on behalf of the Town of Marana for Tangerine Road Corridor Project - Phase 2A (Libby Shelton) C10 Resolution No. 2024-027: Relating to Real Estate; approving and authorizing the Town Manager to execute a License Agreement with Chasse Building Team, Inc. for use of Town -owned property located adjacent to N. Marana Main Street situated between W. Civic Center Dr. and W. Grier Rd., for a construction staging area (Libby Shelton) Council Regular Meeting Summary Minutes March 20, 2024 Page 3 of 6 Marana Town Council Regular Meeting Agenda Packet Page 16 of 103 April 2, 2024 C11 Approval of Regular Council Meeting Summary Minutes of March 5, 2024 (David L. Udall) Council Member Ziegler moved to approve the consent agenda. Vice Mayor Post seconded the motion. Motion passed, 5-0. LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION Al Resolution No. 2024-028: Relating to Real Property; approving and authorizing the Mayor to execute the Right of Entry and Settlement Agreement with Mandarina Holdings, LLC regarding the Town's use of property located in the Mandarina development as a public parking lot (Jane Fairall) Town Attorney Jane Fairall presented on this item. She explained that in April of 2021, the Town constructed a temporary parking lot for the Central Arizona Project (CAP) trailhead. She said the Town intended to build the parking lot within the Towri s right- of-way for Adonis Road, but that around an acre of the project ended up being built on Mandarina Holdings, LLC's property without their permission. Ms. Fairall said Town staff recently discovered the error, and that the proposed agreement would give the Town a right of entry to go onto the property to remove the encroachments, consisting of paving, bollards, and other improvements, and would compensate Mandarina for the three years the Town used the property. Total compensation would be in the amount of $66,000.00. Mayor Honea commented that the Town should send Mandarina a bill for half of the cost of Adonis Road, which the Town constructed at its own expense through the Mandarina development. He said he was not happy with this, but that he ultimately would support it. Council Member Ziegler moved to adopt Resolution No. 2024-028. Council Member Kai seconded the motion. Motion passed, 5-0. ITEMS FOR DISCUSSION/POSSIBLE ACTION D1 Relating to Legislation and Government Actions; discussion and possible action or direction regarding all pending state, federal, and local legislation/ government Council Regular Meeting Summary Minutes March 20, 2024 Page 4 of 6 Marana Town Council Regular Meeting Agenda Packet Page 17 of 103 April 2, 2024 actions and on recent and upcoming meetings of other governmental bodies (Terry Rozema) Mr. Rozema provided an update on legislative activities in the State, including on the following bills: • Governor Hobbs vetoed HB 2570, which would have taken away municipal rights to regulate housing. • HB 2297 and SB 1665: Both relate to development and allowing certain land uses at right. These bills continue to make their way through the legislative process. • HB 1243 and SB 1172: Related to water. The Town is supporting these bills. Both appear to still be moving forward through the legislative process. • HB 2273: Authorizes the Department of Corrections to perform a study about utilizing the Marana prison as a short-term transition facility for inmates about to be released. It appears the bill is continuing to move forward through the legislative process. Mayor Honea commented that he believes it is likely that the water bills will make it to the Governor's desk. D2 Relating to Budget; discussion, direction, and possible action regarding development of the fiscal year 2024/2025 budget, including proposed budget initiatives and expenditures (Terry Rozema) Mr. Rozema said the budget process was progressing well and invited the Council to provide feedback regarding the development of next fiscal year's budget. Council Member Ziegler requested that tuition reimbursement continue to be an item in the budget. Mr. Rozema said that it has been included. 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 Council Regular Meeting Summary Minutes March 20, 2024 Page 5 of 6 Marana Town Council Regular Meeting Agenda Packet Page 18 of 103 April 2, 2024 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). Mayor Honea asked for future agenda items. There were no future agenda items. ADJOURNMENT Mayor Honea asked for a motion to adjourn the meeting. Vice Mayor Post moved to adjourn the meeting. Council Member Kai seconded the motion. Motion passed, 5-0. Meeting adjourned at 6:15 PM. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the regular Town Council meeting held on March 20, 2024. I further certify that a quorum was present. David L. Udall, Town Clerk Council Regular Meeting Summary Minutes March 20, 2024 Page 6 of 6 Marana Town Council Regular Meeting Agenda Packet Page 19 of 103 April 2, 2024 A6� C----* MARANA AZ ESTABLISHED 1 9 7 7 Council -Regular Meeting L1 Meeting Date: 04/02/2024 To: Mayor and Council Submitted For: David L. Udall, Town Clerk/Assistant Town Attorney From: Nolette Hernandez, Records Clerk Date: April 2, 2024 Strategic Plan Focus Area: Not Applicable Subject: Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding an application for a new series #012 Restaurant liquor license submitted by Bertha Judith Leatherman Contreras on behalf of Tio Ben's Mexican Grill, located at 3682 West Orange Grove Road Suite 146, Tucson, Arizona, 85741 (David L. Udall) Discussion: This application is for a new series #012 Restaurant liquor license at Tio Ben's Mexican Grill, located at 3682 West Orange Grove Road Suite 146, Tucson, Arizona, 85741. Pursuant to state law, the application was posted at the premises where the business is to be conducted. The posted notice provided that residents within a one -mile radius from the premises may file written arguments in favor of or opposed to the issuance of the license with the Town Clerk's Office within 20 days of the posting. Any written arguments received by the Clerk's Office for or against the proposed liquor license are attached to this item and will be submitted to the Department of Liquor Licenses and Control (DLLC). Town staff has reviewed this application to determine whether the applicant is in compliance with zoning, building, and other legal requirements for the business. Additionally, the Marana Police Department has conducted a local background check. The Town Council must enter an order recommending approval or disapproval of the Marana Town Council Regular Meeting Agenda Packet Page 20 of 103 April 2, 2024 application within 60 days after filing the application. Pursuant to state statute, a license will only be issued after a satisfactory showing of the capability, qualifications, and reliability of the applicant and "in all proceedings before the town council, the applicant bears the burden of showing that the public convenience requires and that the best interests of the community will be substantially served by the issuance of a license." If the Council's recommendation is for disapproval, the order must include an attachment stating the specific reasons for the recommendation of disapproval and include a summary of the testimony or other evidence supporting the recommendation. If the Council enters an order recommending approval of the application, or makes no recommendation, then no hearing before the Arizona state liquor board will take place, unless the director of the DLLC, the Liquor Board or a resident within a one -mile radius from the premises requests a hearing. If the Council enters an order recommending disapproval of the application, or if the director, board or a resident within a one -mile radius from the premises requests a hearing, then the state board will hold a hearing regarding the application. At the hearing, the state board will consider all evidence and testimony in favor of or opposed to the granting of the license. The decision of the board to either grant or deny an application will normally take place within 105 days after the application has been filed, unless the director of the DLLC deems it necessary to extend the time period. Staff Recommendation: The Town staff recommends that an order recommending approval be submitted to the DLLC for this liquor license application. Suggested Motion: OPTION 1: I move to approve and submit to the DLLC an order recommending approval of an application for a new application series #012 Restaurant liquor license submitted by Bertha Judith Leatherman Contreras on behalf of Tio Ben's Mexican Grill, located at 3682 West Orange Grove Road Suite 146, Tucson, Arizona, 85741. OPTION 2: I move to approve and submit to the DLLC an order recommending disapproval of an application for a new application series #012 Restaurant liquor license application submitted by Bertha Judith Leatherman Contreras on behalf of Tio Ben's Mexican Grill, located at 3682 West Orange Grove Road Suite 146, Tucson, Arizona, 85741. Attachments Redacted Application Affidavit of Posting Local Governing Body Recommendation Marana Town Council Regular Meeting Agenda Packet Page 21 of 103 April 2, 2024 Descriptions of Common Liquor Licenses Marana Town Council Regular Meeting Agenda Packet Page 22 of 103 April 2, 2024 State of Arizona Department of Liquor Licenses and Control Number: Name: State: Issue Date: Original Issue Date: Location: Mailing Address Phone: Alt. Phone: Email: Created 02/29/2024 @ 10:09:48 AM Local Governing Body Report LICENSE TIO BEN'S MEXICAN GRILL Pending Type: Expiration Date: 3682 W ORANGE GROVE ROAD STE 146 TUCSON, AZ 85741 USA 3684 W ORANGE ROAD #156 TUCSON, AZ 85741 USA AGENT Name: BERTHA JUDITH LEATHERMAN CONTRERAS Gender: Female Correspondence Address: 3684 W ORANGE ROAD #156 TUCSON, AZ 85741 USA Phone: Alt. Phone: Email: OWNER 012 RESTAURANT Page 1 of 4 Marana Town Council Regular Meeting Agenda Packet Page 23 of 103 April 2, 2024 Name: TIO BEN'S MEXICAN GRILL LLC Contact Name: BERTHA JUDITH LEATHERMAN CONTRERAS Type: LIMITED LIABILITY COMPANY AZ CC File Number: 23333362 State of Incorporation: AZ Incorporation Date: 02/11/2022 Correspondence Address: 3684 W ORANGE ROAD #156 TUCSON, AZ 85741 USA Phone: Alt. Phone: Email: Officers / Stockholders Name: Title: % Interest: BERTHA JUDITH LEATHERMAN CONTRERAS Member 34.00 RUBEN CONTRERAS 1 Member 33.00 BERTHA JUDY LEATHERMAN Member 33.00 TIO BEN'S MEXICAN GRILL LLC - Member Name: BERTHA JUDY LEATHERMAN Gender: Female Correspondence Address: 3684 W ORANGE ROAD #156 TUCSON, AZ 85741 USA Phone: Alt. Phone: Email: TIO BEN'S MEXICAN GRILL LLC - Member Name: BERTHA JUDITH LEATHERMAN CONTRERAS Gender: Female Correspondence Address: 3684 W ORANGE ROAD #156 TUCSON, AZ 85741 USA Phone: Alt. Phone: Email: TIO BEN'S MEXICAN GRILL LLC - Member Name: RUBEN CONTRERAS 1 Gender: Male Correspondence Address: 3684 W ORANGE ROAD #156 TUCSON, AZ 85741 USA Phone: Alt. Phone: Email: Page 2 of 4 Marana Town Council Regular Meeting Agenda Packet Page 24 of 103 April 2, 2024 APPLICATION INFORMATION Application Number: 279217 Application Type: New Application Created Date: 01/25/2024 QUESTIONS & ANSWERS 012 Restaurant 1) Are you applying for an Interim Permit (INP)? No 2) Are you one of the following? Please indicate below. Property Tenant Subtenant Property Owner Property Purchaser Property Management Company Property Tenant 3) Is there a penalty if lease is not fulfilled? Yes What is the penalty? Loss of $8,000 security deposit and Landlord lockout 4) Is the Business located within the incorporated limits of the city or town of which it is located? No If no, in what City, Town, County or Tribal/Indian Community is this business located? Town of Marana 5) What is the total money borrowed for the business not including the lease? Please list each amount owed to lenders/individuals. None, capital contribution 6) Are there walk-up or drive -through windows on the premises? No 7) Does the establishment have a patio? Yes Is the patio contiguous or non-contiguous (within 30 feet)? Contiguous 8) Is your licensed premises now closed due to construction, renovation or redesign or rebuild? Yes If yes, what is your estimated completion date? 4/15/2024 9) What type of business will this license be used for? Mexican Restaurant DOCUMENT TYPE QUESTIONNAIRE QUESTIONNAIRE DOCUMENTS FILE NAME UPLOADED DATE Bertha Agent Q Attach ASF AZDL.pdf 01/25/2024 Bertha Q.pdf 01/25/2024 DIAGRAM/FLOOR PLAN Floor Plan.pdf RESTAURANT OPERATION PLAN Rest Op Plan.pdf RECORDS REQUIRED FOR AUDIT RRFA.pdf Page 3 of 4 Marana Town Council Regular Meeting Agenda Packet April 2, 2024 01/25/2024 01/25/2024 01/25/2024 Page 25 of 103 QUESTIONNAIRE Ruben Q Basic & Mgt Certs.pdf 01/25/2024 MENU Tio Ben Liquor Menu 2024.pdf 01/25/2024 MENU Tio Bens Menu 2024.pdf 01/25/2024 Page 4 of 4 Marana Town Council Regular Meeting Agenda Packet Page 26 of 103 April 2, 2024 1 Ijl- J L.Y \/ �/> Q LV 7J Ai i n� `Jr. rye 1 it !-,' it i lll� lot .Y� �Y D n4 L, -1 r r,! r�rT- D - Marana Town Council Regular Meeting Agenda Packet April 2, 2024 �l 1. �'[:_ Page 27 of 103 �-1 , ,• FEB 8 Or . Lic. FH 3 { NQ . L•.s. , ,1:`5.1: 19�a i:1 I 1. Name of restaurant (Please print) RESTAU RANT/HOTEL/MOTEL OPERATION PLAN Arizona Dept. of Liquor Licenses and Control 800 W. Washington St. 5"' Floor Phoenix. AZ 85007 (602)542-5141 Type or Print with Black Ink I'm -ia,' ti S rl.l 1C t, A aJ C n t L- +- 2. Must indicate the equipment below by Make, Model, and Capacity: _LIST ONLY THE FOLLOWING - NO ATTACHMENTS ca+i. ��•t � Jj YC.r :7 .-L JvO.Z V�A�rt«l•T l�� SS �(wr a.._�� S.F V`jtl <L«lT i Freezer 1-�rS'S 5:....��_ �s :..•,n v7>.�.e... •r � ��3�SS S?. l�C'�xSrl.�b .�r��At �� Refrigerator �., �.c� . S arm . .�. ?- - '�L 1� 51 :1..� �K ICJ - - f Sink .r,p .-- - - - Dish Woshing Facilities ~ o — Food Preparation Counter •� �. J J . r'! sir' (Dimensions) �`Lv»,...., Gu'F ♦taJ��MrL�cu..ww. —2 NaP.C.41. 1,- _,ram ♦luu�J Other !��- -2 ?5_A::K=T js!M�' �r_� 1— E+ 5fi ;.a»..i� ...es., n,.• t3 ^�� L:.� =A � �:. c.._. � A L O'r ✓ � �1.. e. f.. :I-'- �i: J� L.--12 � Z �L.cZ . �a� �..7'L2+.vS�[s:S , � `� ir:: .:.wit 3. Attach a copy of your FULL menu with pric,ng INCLUDING NON-ALCOHOLIC BEVERAGES 4. What percentage of your public premises is used primarily for restaurant dining? (Do not include kitchen, bar, hi -top tables, or game area.) 5. Does your restaurant have a bar area that s cislinrt and separate from the dining area? OYES ❑ No (If yes, what percentage of the public floor space does this area cover?) �'0 6. List the seating capacity for: c) Resfouront dining area of your peen: ses [ %Sk.0 ] (DO NOT INCLUDE PATIO SEATING) „Q b) Bar area [ + r TOTAL[ _ I q Le %l i �� I ;C�,`7 Marana Town Council Regular Meeting Agenda Packet April 2, 2024 Page 28 of 103 ,�i�L� 7. What type of dinnerware is primarily'ld9t��rui�yBVrYtCru�i�F�r 63 OReusablc ❑Disposoblc ❑ Both 8. Does your restaurant contain any games, televisions, or any other entertainment? [:]YES ❑ NO If yes specify what types and how many (examples: 4-TV's, 2-Pool Tables, I -Video Game, etc.) 9. Do you have live entertainment or doncing? BYES ❑ No If yes, what type and how often (example: DJ-2 x a week, Kcraoke-2 x o month, Live Bond-] x a month, etc.) 10. List number of employees for each position. Position Cooks Bartenders Hoslesses Mangers _ . Servers Other z). Other j I, (Print Full Name) "�" ��' - �d-_ L` _'~_`. '`�' hereby swear under penalty of perjury and in compliance with A.R.S. § 4-210(A)(2) and (3) that I have read and understand the foregoing and verify that inform aL7d statements that I have made herein are true and correct to the best of my knowledge. �. Applicant Signal (—Cl �_:gy, 2 o' 2 �''�"' fQA iaria fiftwlSs'Council`f2egtafar Meet iig A �`&a` clFe)1-' '`'`' Page 29 of 103 April 2, 2024 BEER DRAFT DOMESTIC $7 Bud Light Budweiser Coors Light Michelob Ultra Miller Lite IMPORT $8 Dos Equis Amber Dos Equis Lager Modelo Negra Modelo BEER_BOTTLE/CAN DOMESTIC $4 Budweiser Bud Light Coors Coors Light Michelob WINE $10 - $25 Stella Rosa Sangria Prosecco Cabernet/Sauvignon Moscato IMPORT $5 Corona Dos Equis Lager Bohemia Pacifico Tecate Red Modelo Negro Pinto Noir Merlot Frexeneit Malbec Zinfandel SIGNATURE DRINKS WELL $7 - $13 TOP $10 - $25 Micheladas : Beer, Clamato, Tajin, Saladitos, Lime, Tapatio Salsa Viuda Negra: Vodka, V8, Celery, Tabasco, Perrins Sauce, Lime, Olives Mojitos: Mint, Sugar, Mango, Lime, Watermelon, Peach, Stawberry Margaritas: Watermelon, Tamarindo, Mango, Strawberry, Peach, Lime Jarritos: Tequila, Orange, Lemon, Apple, Grapefruit, Tajin Palomita Rosa: Tequila, Ruby Grapefruit Juice, Salt, Tajin Mimosas: Freixeneit or Moscato w/Orange / Pineapple / Mango Juice Dirty Horchata: Rumchata, Mazapan Candy Blue Demon: Blue Curacao, Vodka, Lemonade Santos: Vodka, Limoncello, Lemon Juice, Strawberry Slices La Toxica: Rum, Gin, Raspberry Liquor El Licenciado: Star Anise, Gin, Rum, Mineral Water, Coke Long Island Iced Tea SHOTS, BOURBON, WHISKEY WELL $4 - $8 TOP $8 - $20 Oyster Shot Buchanan Dewar's Mexican Candy Rusty Nails Johnny Walker Black Label Scorpion Shot Glenlivet Marana Town Council Regular Meeting Agenda Packet Page 30 of 103 April 2, 2024 DRINKS A PE T I Z E R S COKE, DIET COKE, SPRITE, $3.50 CHEESE CRISP $11.99 STRAWBERRY FANTA, ROOT BEER & ADD: +S3.000HORIZO OR +$1.00 ROASTED GREEN DR. PEPPER, LEMONADE, JAMAICA & CHILIES H O RC H ATA QUESO FUNDIDO $9.99 ICED TEA, HOT TEA, COFFEE, $3.25 ADD: +$3.00 CHORIZO OR +$1.00 MUSHROOMS 2% MILK & HOT CHOCOLATE GUACAMOLE $5.99 DESSERTS 3 MINI CHIMIS W/GUAC & :?.99 SOUR CREAM FRIED ICE CREAM 99 3 ROLLED TAQUITOS W/ ;;9.99 CHOCOLATE MARIA SKILLET $9.99 GUAC & SOUR CREAM CHURROS W/ICE CREAM ^^ FRIED CALAMARES 12.99 GANSITO SUNDAE $8.99 *5 SHRIMP TORITOS S ?.99 CONCHA ICE CREAM SANDWICH $8.99 YELLOW PEPPERS STUFFED W/SHRIMPS WRAPPED IN BACON t� i ` 111T J it �' *TOSTIMARISCOS -' 99 3 CHICKEN STRIPS W/FRIES $9.99 ASSORTED SEAFOOD, SIGNATURE SAUCE& CORN 3 BREADED SHRIMP W/FRIES $9.99 CHIPS KID'S QUESADILLA W/FRIES $7.99 SAL P.JS CHEESE ENCHILADA W/RICE & $8.99 *POBLANO CHICKEN $14 99 BEANS -_ GRILLED CHICKEN, ROASTED CORN & POBLANO �:, -..:- PEPPERS.— HJURS OF OPERATION TACO SALAD $14.99 CHICKEN, SHREDDED BEEF OR GROUND BEEF Sunday - Thursday: 10:30AM - 9:00PM *GRILLED SALMON $16. 99 Friday & Saturday: 10:30AIvl - 10:OOPM MARINATED IN OUR SIGNATURE SAUCE 3682 W. Orange Grove Rd #146 GARDEN SALAD $9.99 Tucson, AZ85741 TOMATO, CUCUMBER, ONIONS S SHREDDED tioUeiisrnexgrill c�D- gmail.corn CHEESE W/SEASONED CROUTONS Marana Town Coa&2(le§L9&.1 1a9ting Agenda Packet Consuming raw or undercooked meats, poultry, seafood, shellfish or eggAPf!b2y29&9rease your risk of 0 j&r CAN GR= !BIENVENIDOS! WELCOME to Tio Bens. We are proud to serve you with our version of traditional Mexican Dishes. H0 USE SPEOIAZ' -1 IES *SALMON ADOBADO -�25.99 GRILLED SALMON W/GUAJILLO, POBLANO & CHIPOTLESAUCE *PUERCO EN SALSA DE $24.99 TAMARINDO PORK TENDERLOIN IN TAMARINDO SAUCE *STEAK TIO BEN $25.99 STEAK WRAPPED IN BACON W/CHIPOTLE & MUSHROOM SAUCE *POLLO POBLANO $;�.99 CHICKEN BREAST WRAPPED IN BACON &STUt TED W/POBLANO PEPPERS &JACK CHEESE W/CR�AMY POBLANO SAUCE t?i `-CAMARONES AL $�.99 TEQUILA T SHRIMP SAUTEED IN TEQUILA SAUCE r HOUSE SPECIALTIES ARE SERVED Si7V/ CHOICE OF 3 SIDES: t� r ALMOND RICE, CHARRO BEANS, STEAMED VEGGIES, ErAgk�11t�QbTAt'6OR PfL'AT0S ;OMBINATION PLATES: SERVED W/RICE S. REFRIED BEANS #1: 2 ENCHILADAS W1 $11.99 CHEESE Add: +$2.00 for Shredded Beef, Shredded Chicken or Ground Beef +$3.00 for Shrimp Choice: Red or Green Sauce #2: 2 CHICKEN MOLE $12.99 ENCHILADAS #3: 2 ROLLED $11.99 TAQU ITOS Choice: Chicken or Shredded Beef #4: 1 CHILE RELLENO $f2.99 #5: 1 CHILE RELLENO, $14.99 CHEESE ENCHILADA & GROUND BEEF TACO #6: 2 TACOS $11.99 Choice: Chicken, Ground Beef or Shredded Beef Add: +$3.00 for Shrimp or Fish #7: 2 GORDITAS $-11.99 SONORENSES Add: +$2.00 for Chicken or Shredded Beef ALBONDIGAS (SHRIMP) 19 ' 7 MARES (ASSORTED $11.99 SEAFOOD) CAMARON (SHRIMP) �'17.99 PESCADO (FISH) $16.99 ALBONDIGAS (BEEF) 514.99 COCIDO (BEEF S. VEGGIES) POLLO (CHICKEN) $13.99 POZOLE (RED PORK) STEAK & CHICKEN CARNE ASADA $19.99 T-HONE $22.99 RIB EYE $24.99 CHOOSE 2 SIDES: MEXICAN RICE, BAKED POTATO, REFRIED BEANS & CHARRO BEANS ADD: +$4.00 FOR SHRIMP CORN OR FLOUR TORTILLA MOLCAJETE MEXICANO $24.99 CHICKEN, CHORIZO, CARNE ASADA, CHEESE, SALSA & NOPAL STEAL( FAJITAS $22.99 Cu'ICi(EN FP -iTAS $19.99 MIXED FP JIT/',S $23.99 CHICKEN AL `HIPOTLE $19.99 C,,IL>'EN-LOKPNTINO $19.99 PORK CARNITju $15.99 PA"ILLADA WXTA $29.99 CARNE ASADA, PORK PASTOR CHICKEN ADD: +$6 FOR SHRIMP TA'C0S CORN & FLOUR TORTILLA QUESABIRRIA $5.99 GOBERNADOR (FISH) $4.99 CARNE ASADA BIRRIA SHREDDED BEEF $3.99 GROUND BEEF CARNITAS (PORK) B �.�TZ TT''S 13.99 _� WET STYLE &. CHIMICHANGA STYLE CARNED ASADA CHICKEN SHREDDED CHICKEN r CARNITAS rri , GROUND BEEF �-rj CARNE CON CHILE TORTAS r* :�12.99 SHREDDED BEEF CHICKEN ' CARNE ASADA PORK CARNITAS MILANESA (BREADED STEAK) EL CHAVO (HAM &. CHEESE) HAMBURGU'ESAS STEAK, CHICKEN & PORK ENTREES: SONORAN BURGER �1�` .90, , CHOOSE 2 SIDES: MEXICAN RICE, REFRIED BEANS & CHARRO BEANS BACON CHEESEBURGER $15.99 CHOICE: FLOUR OR CORN TORTILLAS HAMBURGER $13.99 Marana Town Council Regular Meeting Agenda Packet Page 32 of 103 April 2, 2024 '24 FEB 8 091% Lic. Fil 35333 RECORDS REQUIRED FOR AUDIT RESTAU RANT/H OTEL/MOTEL Arizona Dept. of Liquor Licenses and Control Roo «' Washington Sr. 5" flour Phocnix, AZ 85007 (602)542-5141 Type or Print with Black Ink In the event of an audit, you will be asked to provide to the Department any documents necessary to determine Compliance with A.R.S. §4-205.02(G). Such documents requested may include however, are not limited to: --�_ 1. Name of restaurant (Please print): ��-� -s ��-+ =-)C -� •� 4 2. All invoices and receipts for the purchase of food and spirituous liquor for the licensed premises. 3. A list of all food and liquor vendors 4. The restaurant menu used during the audit period 5. A price list for alcoholic beverages during the audit period 6. Mark-up figures on food and alcoholic products during the audit period 7. A recent, accurate inventory of food and liquor (token within two weeks of the Audit Inlerview Appointment} 8. Monthly Inventory Figures - beginning and ending figures for food and liquor 9. Chart of accounts (copy) 10. Financial Statements -Income Slatements-Bolance Sheels 1 1, General Ledger A. Soles journals/Monthly Sates Schedules 1) Daily soles Reports (to include the nor.i.e of each waitress/waiter, hartender, etc. with soles for that day) 2) Daily Cash Register Tapes - Journal lapel and Z-tapes 3) Dated Guest Checks 4) Coupons/Specials/Discounts 5) Any other evidence to suppoc inccrrc f(o-,n !cod and liquor sales B sash Rgccipts/Disbursement Journals 1) Daily Bank Deposit Slips 2) Bank Statements and canceled chf�(-ks 12. Tax Records A. Transaction Privilege Sales. Use rr^<;I Sf:ver ,Ce ax Rwurn (Copies) B. Income Tex Return - city, state n,,d i;-opres) C. Any supnor!ing books, rcxxrnfa. of dcjcjmonls used in. preporation of lox rciurns Marana Town Council Regular Meeting Agenda Packet Page 33 of 103 April 2, 2024 13. Payroll Records r214 FEB 6 I.T. Lic. IM 3 .5L! A. Copies of all reports required by the State and Federal Government B. Employee Log (A.R.S. §4-i 19) C. Employee time cards (actual document used to sign in and out each work day) D. Payroll records for all employees showing hours worked each week and hourly wages 14. Off -site Catering Records (must be complete and separate from restaurant records) A. All documents which support the income derived from the sale of food off the license premises. B. All documents which support purchases made for food to be sold off the licensed premises. C. All coupons/specials/discounts The sophistication of record keeping varies from establishment to establishment. Regardless of each licensee's accounting methods. the amount of gross revenue derived from the sale of food and liquor must be substantially documented. REVOCATION OF YOUR LIQUOR LICENSE MAY OCCUR IF YOU FAIL TO COMPLY WITH A.R.S. §4-210(A)7 AND A.R.S. §4-205.02(G). A-R.S. §4-210(A)7 The licensee fails to keep for two years and mote available to the department upon reasonable request oil invoices, records, bills or other papers and documents relating to the purchase, sale and delivery of spirituous liquors and, in the case of a restaurant or hotel -motel license, oil invoices, records, bills or other papers and documents relating to the purchase, sale and delivery of food. A.R.S. §4-205.02(G) For the purpose or this section: 1. "Restaurant" means on estoblishmenr which derives at least forty percent (40%) of its gross revenue from the sale of food 2. "Gross revenue" means the revenue derived frorn all sales of food and spirituous liquor on the licensed premises regardless of whether the sales of spirituous liquor are mo(;c 01001 0 reslaurnnl license issued Pursuant to this section or under any under any other license that has been issued for the premises pursuant to this article. .a A - J .7 , T.ri I, (Print Full Name) `-' AT`{ „" A" C; ,, _ hereby swear under penalty of perjury and in compliance with A.R.S. § 4-210(A)(2) and (3) that I have read and understand the foregoing and verify thatlhe information a statements that I have made herein are true and correct to the best of my knowledge. Applicant Signature—."., fit t12aILL `MAKE A COPY OF THIS DOCUMENT AND KEEP IT WITH RECORDS REQUIRED BY THE STATE* Marana Town Council Regular Meeting Agenda Packet Page 34 of 103 April 2, 2024 LC: Amount: AGENT/CONTROLLING Q PERSON QUESTIONNAIRE 4q,ZoNO► . V Arizona Dept. of Liquor Licenses and Control 800 W. Washington St. 5" Floor Phoenix, AZ 85007 (602) 542-5141 Type or Print with Black Ink License Number: 11 uuc ust: Ur4LT lob s' 279217 Date'WS4/1024 CSR: sg ATTENTION APPLICANT. This is a legally binding document. An investigation of your background will be conducted. Incomplete applications will not be accepted. False or misleading answers may result in the denial or revocation of a license or permit and could result in criminal prosecution. Attention local governments: Social security and birth date information is confidential. This information will be given to law enforcement agencies for background checks only. QUESTIONNAIRE IS TO BE COMPLETED ACCORDINGLY AND SUBMITTED TO THE DEPARTMENT WITH A BLUE OR BLACK LINED FINGERPRINT CARD AND $22 FEE. FINGERPRINTS MUST BE DONE BY A LAW ENFORCEMENT AGENCY OR BONA FIDE FINGERPRINT SERVICE. 1. Check the Appropriate Box =-=*. [D Agent ID Controlling Person 2.Name: Leatherman Contreras Bertha Judith_ Birth Date Las Flrsl (NOT o public record) 3. Social Security #t: Drivers License #: State Issued: Arizona 4. Place of birth: Douglas AZ USA Weigh Height: . 5r02 rr 180 Eyes: B I k Hair B r0 city State COUNTRY 5. Name of current/most recent spouse: Contreras Ruben N/A Birth Date: Last First Middle �Pu'- 6. Are you a bonafide resident of Arizona? Yes []No ❑If yes, what is your dale of residency? 1980 1. Daytime telephone number Email address Tio Ben's Mexican Grill Pen ding 8. Premises Name: business Phone: / 9. Premises Address: 3682 W. Orange Grove Rd. #146 Tucson, AZ Pima 85741 Sheet (do not use PO Box) City Stole County Zip Marana Town Council Regular Meeting Agenda Packet Page 35 of 103 Individuols rcque:rgj ?,ND_ April 2, 2024 10. List your employment or type of business during the past five (5) years, if unemployed, retired, or student, list place of -:..J ,......... "....A .J... 10A TLt C± 1 tom' i t P44 ':l !--, FROM Month Year TO Month Year DESCRIBE POSITION OR BUSINESS EMPLOYERS NAME OR NAME OF BUSINESS street Address CRY, State &li 04/2022 CURRENT Co-Owner/Manager Crying Onion, 3684 W. Orange Grove Rd. $156/160, Tucson, AZ 85741 03/2020 04/2022 Front End Team Lead Walmart, 7635 N. LaCholla Blvd., Tucson, AZ 85741 02/2017 03/2022 Cash Office/Merchandising TJ Maxx, 8030 N. Cortaro Rd., Tucson, AZ 85743 11. Provide your residence address information for the last five J ears A.R.S. §4-202 D (ATTACH ADDITIONAL SHEET If NECESSARY) FROM Month Year To Month Year Street ci 0912023 CURRENT 08/2023 07/2022 07/2003 06/2022 (ATTACH ADDITIONAL SHEET IF NECESSARY) 12, As an Agent or Controlling Person, will you be managing the day to day operation of Yes M✓ No the licensed premises? If you answered YES, then answer #13 below. If NO, skip to #14 13. Have you attended a DLLC approved Basic and Management Liquor Law Training Yes No Q✓ Course within the past 3 years? MUST attach copies of both training certificates. 14. Have you been cited. arrested, indicted, convicted, or summoned into court for Yes No violation of ANY criminal law or ordinance, regardless of the disposition, even if dismissed or expunged, within the past five (5) years? 15. Are there ANY administrative law citations, compliance actions or consents, criminal Yes El arrests, indictments or summons pending against you? (Do not include civil traffic tickets) A.R.S.§4-202,4-2 )0 16. Has anyone EVER obtained a judgement against you the subject of which involved Yes NO [� (mud or misrepresentation? 17. Have you had a liquor application or license rejected, denied, revoked or Yes No suspended in or outside of Arizona within the last five years? A.R.S.§4-202(D) 18. Has an entity in which you are or have been a controlling person had an application Yes ❑ No J or license rejected, denied, revoked, or suspended in or outside of Arizonc within the last five years? A.R.S.§4-202(D) If you answered "YES" to any Question 14 through 18 YOU MUST attach a signed statement. Give complete details including dates, agencies involved and dispositions. CHANGES TO QUESTIONS 14-18 MAY NOT BE ACCEPTED Bertha Judith Leatherman Contreras I, (Print Full Name) hereby swear under penalty of perjury and in compliance with A.R.S. § 4-210(A)(2) and (3) that I have read and understand the foregoing and verify that the information and statements that I have made here n'pre True and corre�cc`tto the best of my knowledge. Signature: t {�. T`� , !s,�. �% 4; �(r� Date 0 Marana Town Council Regular Meeting Agenda Packet Page 36 of 103 Indvicluals requ,cnc) ACi•. April 2, 2024 -,,,s pleave call (t.0215,'.2-299%, 724 r—i P . BIl 1 Si a 1+ �e . S — u fj .— 0, � A-L eL „t — C G._T.ti ��4S *4 o _r E 4Nj-,,> J-.A-- 9 S "') t S L� ca r,— ri= r� E Marana Town Council Regular Meeting Agenda Packet Page 37 of 103 April 2, 2024 4RrzoNp ALIEN STATUS Arizona Dept. of Liquor Licenses and Control 800 W. Washington St. 51^ Floor Phoenix, AZ 85007 (602) 542-5141 Type or Print with Black Ink Title IV of the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (the "Act"I, 8 U.S.C. § 1621, provides that, with certain exceptions, only United States citizens. United States non -citizen nationals, non- exempt "qualified aliens" (and sometimes only particular categories of qualified aliens), nonimmigrant, and certain aliens paroled into the United States are eligible to receive state, or local public benefits With certain exceptions, a professional license and commercial license issued by o Slate agency is a State public benefit. Arizona Revised Statutes § 41-1080 requires, in general, that a person applying for a license must submit documentation to the license agency that sotisfoctorily dermonslrotes the applicant's presence in the United States is authorized under federal low. Directions: All applicants must complete Sections I, II, and IV. Applicants who are not U.S. citizens or nationals must also complete Section 111. Submit this completed form and a copy of one or more document(s) from the attached "Evidence of U.S. Citizenship, U.S. National Status, or Alien Status" with your application for license or renewal. If the document you submit does not contain a photograph, you must also provide a government issued document that contains your photograph. You must submit supporting legal documentation (i.e. marriage certificate) if the name on your evidence is not the same as your current legal name. F_ SECTION I —APPLICANT INFORMATION APPLICANT NAME (Printortype)____3 ��''' �' �� ,` ` ra, LY a :, •�,-.,��i L; ;_^;1� -�,, SECTION II — CITIZENSHIP OR NATIONAL STATUS DECLARATION Are you a citizen or national of the United States? %KYes []No - If yes, indicate place of birth: City State_ _ZCOUNTRY 1f you onswereci Yes, 1) Attach a legible copy of a ciocumert from ,he Irsl below 2) Nameof document: If you Cnswered No yoo musl complele Section; M Marana Town Council Regular Meeting Agenda Packet :' Page 38 of 103 April 2, 2024 'C,d `FE; 6 Ligr. Lic. IH 3 52 EVIDENCE OF U.S. CITIZENSHIP U.S. NATIONAL STATUS OR ALIEN STATUS You must submit supporting legal documentation (i.e. marriage certificate) if the name on your evidence is not the some as your current legal name. Evidence showing authorized presence in the United State includes the following: 1. An Arizona driver license issued after 1996 or an Arizona non -operating identificationcard. 2. A driver license issued by a state that verifies lawful presence in the United States. 3. A birth certificate or delayed birth certificate showing birth in one of the 50 states, the District of Columbia, Puerto Rico (on or after Jan. 13, 1941), Guam, the U.S. virgin Islands (on or after January 17, 1.917), American Samoa, or the Northern Mariana Islands (on or after November 4, 1986, Northern Mariana Islands local time) A. A United States certificate of birth abroad. 5. A United States passport. ""`Passport must be signed"` 6. A foreign passport with a United States visa. 7. An 1-94 form with a photograph. 8. A United States citizenship and immigration services employment authorization document or refugee travel document. 9. A United States certificate of naturalization. 10. A United States certificate of citizenship. 11. A tribal certificate of Indian blood. 12. A tribal or bureau of Indian affairs affidavit of birth. 13. Any otter license: that is issued by the federal government, any other slote government, an agency of This stole or a political subdivision of this state that requires proof of citizenship or lawful alien status before issuing the license. 2i tit Marana Town Council Regular Meeting Agenda Packet Page 39 of 103 April 2, 2024 ` r ss tom_ 124 FEB 6 itcr. Lie. flit 'J22 SECTION III — QUALIFIED ALIEN DECLARATION Applicants who are not citizens or nationals of the United Sla':cs. Please indicolc olien sfetus by checking the appropriate box. Attach a legible copy of o document frorn the allached list or other cocurrtent as evidence of your status_ Name of document provided Qualified Alien Status (8 U.S.C.§§ 1621 (a)(1),-1641 (b) and (c)) ❑ 1. An okon lawfully admitted for permanent residence under the Immigretion and Notionalily Act (INA) ❑ 2. An alien who is granted asylum under Section 208 of the INA. ❑ 3. A refugee admitted to the United States under Section 207 of the INA. ❑ 4 An alien paroled into the United States for yt least one,yeor under Seclion 212(d)(5) of thelNA. ❑ 5. An alien whose deportation is being withheld under Section 243(h) of the INA. ❑ 6. An alien granted conditional entry under Section 203(o) (7) of the INA as in effect prior to April 1, 1980. ❑ . An alien who is a Cuban/Haitian entrant. ❑ 8.An alien who has, or whose child or child's parent is a "battered olion" or on alien subject to extreme cruelty in the United States Nonimmigrant Status (8 U.S.C. § 1621 (o)(2)) 9. A nonimmigrant under the Immigration and Notionality Act [8 U.S.0 § 1 101 et seq.] Non -immigrants are persons who have temporary status for a specific purpose. See 8 U S.0 § 1 101 (a) (15). Alien Paroled into the United States for Less Than One Year (8 f1 S C § 101(a)(3)) 10. An ation porolod into the United Sinles for icss_Mon one yggr undr;r Scchen 712(d)(5) of the INA Other Persons (8 U.S.0 § 1621 (c) (2) (A) and (C) 11. A nor:immigront whose viso for entry is related to ociptoyment in the UruteJ States or 12. A citizen of a freely associated stalC. it section 101 of the opplic able c:onnpocl of free association approved in Public 1-aw 99-239 or 99-65u (or c: successor provision) is in effect 1rreely Associoted States include the Republic of the Wiarshull Islands• Republic: of Pclot) sand lh: Fcrderc:lc Slates of Micronesia, 48 U.S C § 1901 efseq.]; 13. A foreign notional not physically present in lnc United Stoles 14. Otherwise Lawfully Present 15. A person not described in coleccnr:. 1 13 v/no is o,herviise lawfully United Slores. PLEASE NOTE: The federal Personal Responsibility and Work Opportunity Reconciliation Act mays. make persons who tall into this category ineligible for licensure. See 8 U.5..0 § l r �1LT•. .. �... > . .` \ 1 l J Print Nome S notUTe Dole Marana Town Council Regular Meeting Agenda Packet Page 40 of 103 April 2, 2024 cy, Ir e t�ti • .r'y'�''•t l r .•: A f�.C.•'�r �ir r r'i t� �,! r �•ISlT•t,, � CLASS: D-operator ENDORSEMENTS: None RESTRICTIONS: B-Corrective Lens. Must Be Worn Rev 02/14/2014 You Must Report a Change of Address e Within 10 Days II ti 1 Ito 04/21/1980 I I � r l I 1� 1� � I `T �. r� n l� ��, �l� , r�II �(,(j♦j�� 21132AZ0050548160301 iitf2gular Meeting Age6da ParKet. ' April 2, 2024 I LC: _ Amount: '4g120NP License Number: 124 FEB 8 L icr, Li R3 3 62 AGENT/CONTROLLING PERSON QUESTIONNAIRE Arizona Dept. of Liquor Licenses and Control 800 W. Washington St. 5'h Floor Phoenix, AZ 85007 (602) 512-5141 Type or Print with Black Ink DLLC USE ONLY Job #: 279217 Date AOM'; 2024 CSR: Sg ATTENTION APPLICANT: This is a legally binding document. An investigation of your background will be conducted. Incomplete applications will not be accepted. False or misleading answers may result in the denial or revocation of a license or permit and could result in criminal prosecution. Attention local governments,: Social security and birth date information is confidential. This information will be given to law enforcement agencies for background checks only. QUESTIONNAIRE IS TO BE COMPLETED ACCORDINGLY AND SUBMITTED TO THE DEPARTMENT WITH A BLUE OR BLACK LINED FINGERPRINT CARD AND $22 FEE. FINGERPRINTS MUST BE DONE BY A LAW ENFORCEMENT AGENCY OR BONA FIDE FINGERPRINT SERVICE. 1. Check the Appropriate Box �♦ ❑ Agent 2. Nome:Leatherman Bertha Judy Lo First 3. Social Security it Drivers License #: Bacoachi Sonora Mexico 5'04" 4. Place of birth: Height: Weight City Stole COUNTRY 5. Name of current/most recent spouse: Leatherman Francisco N/A M Controlling Person Birth Date tnvr a public record) State Issued: Arizona 170 Eyes: Bro Hair: Bro Birth Date: Last First Middle NOT o public record) G. Are you a bonafide resident of Arizona? Yes 0✓ No 0If yes, what is your date of residency? 1980 7. Daytime telephone nurnbe Email address Tio Ben's Mexican Grill Pen Bing 8. Premises Name: ,Business Phone: 9. Premises Address: 3682 W. Orange Grove Rd. #146 Tucson, AZ Pima 85741 Sheet (do not use PO Box) City State County 4/1 8/22Z-2 3 Marana Town Council Regular Meeting Agenda Packet Page 43 of 103 ndivldjol; regiin-r; AD!, April 2, 2024 10. List your employment or type of business during the past five (5) years, if uneW) ,cCetir.ed, ar studeg1Jist place of C4 r 11� _ f I ;_IC. Pil A r cawcr rt.-c %J FROM Month Year , c». k.... - .. TO Month Year - DESCRIBE POSITION OR BUSINESS EMPLOYERS NAME OR NAME OF BUSINESS _ street Address, city, Stale a zip) Crying Onion, 3684 W. Orange Grove Rd. S156/160, Tucson, AZ 86741 04/2022 CURRENT Co -Owner 04/1996 Current Fresh Team Lead Walmart, 3435 E. Broadway Blvd., Tucson, AZ 85716 1 1 . Provide vour residence address Information for the last live (5) vears A.R.S. 44-202(D) (ATTACH ADDITIONAL SHEET IF NECESSARY) FROM Month/YearMonth/Year 07/2003 To CURRENT I Street city State Zip (ATTACH ADDITIONAL SHEET IF NECESSARY) 12. As an Agent or Controlling Person, will you be managing the day to day operation of Yes ❑ No ❑✓ the licensed premises? If you answered YES, then answer # 13 below. If NO, skip to #14 13. Have you attended a DLLC approved Basic and Management Liquor Law Training Yes ❑ No ❑ Course within the past 3 years? MUST attach copies of bath training certificates. A 14. Have you been cited, arrested, indicted, convicted, or summoned into court for Yes ❑ No violation of ANY criminal law or ordinance, regardless of the disposition, even if dismissed or expunged, within the past five (5) years? 15. Are there ANY administrative low citations, compliance actions or consents, criminal Yes ❑ No arrests, indictments or summons pending against you? (Do not include civil traffic tickets) A_R.S.§4-202,4-2 )0 16. Has anyone EVER obtained a judgement against you the subject of which involved Yes ❑ No fraud or misrepresentation? 17• Have you had a liquor application or license rejected, denied, revoked or Yes ❑ No suspended in or outside of Arizona within the last five years? A.R.S.§4-202(D) 18. Has an entity in which you are or have been a controlling person had on application Yes ❑ No or license rejected, denied, revoked, or suspended in or Outside of Arizona within the last five years? A.R.S.§4-202(D) If you answered "YES" to any Question 14 through 18 YOU MUST attach a signed statement. Give complete details including dates, agencies involved and dispositions. CHANGES TO QUESTIONS 14-18 MAY NOT BE ACCEPTED I, (Print Full Name) Bertha Judy Leatherman hereby swear under penalty of perjury and in compliance with A.R.S. § 4-210(A)(2) and (3) that I have read and understand the foregoing and verify that the information and statements thatj have made her In are true and correct to the best of my knowledge. Signature:. �`�f7GC 'ti' rr ` %' �n z 1 Date: �;-� i }'; ;::!a Marana Town Council Regular Meeting Agenda Packet Page 44 of 103 Indiv.Uuuisrc c�irne �.[ ; April2, 2024 ;r!; L)'e�se :W il,C2 ,�2''_99^ fLC: Amount: 1919 4R�20NP License Number: '2A FE6 6 Lid'. Lir-. full 3 ;Y-t AGENT/CONTROLLING PERSON QUESTIONNAIRE Arizona Dept. of Liquor Licenses and Control 800 W. Washington 5t. 5"' Floor Phoenix, AZ 85007 (602) 542-5141 Type or Print with Black Ink USE ONLY Job #: 279217 Date A`WM2024 I csR: sg ATTENTION APPLICANT: This is a legally binding document. An investigation of your background will be conducted. Incomplete applications will not be accepted. False or misleading answers may result in the denial or revocation of a license or permit and could result in criminal prosecution. Attention Iocal governments: Social security and birth date information is confidential. This information will be given to law enforcement agencies for background checks only. QUESTIONNAIRE IS TO BE COMPLETED ACCORDINGLY AND SUBMITTED TO THE DEPARTMENT WITH A BLUE OR BLACK LINED FINGERPRINT CARD AND $22 FEE. FINGERPRINTS MUST BE DONE BY A LAW ENFORCEMENT AGENCY OR BONA FIDE FINGERPRINT SERVICE. 1. Check the Appropriate Box ❑ Agent ❑✓ Controlling Person 2.Nome: Contreras Ruben NIA Birth Date la Flrs) (Nor o public record) 3. Social Security �!: Drivers License # State Issued: AZ Hermosillo Sonora Mexico 513" 180 BRo BRo 4. Place of birth: Height: Wairhi: Eyes: Hair: _... ........... city 51ote COUNTRY 5. Name of current/most recent spouse: Leatherman Contreras Bertha Judith girth Date Last First Middle NOT a public record) 6. Arc you a bonofide resident of Arizona? Yes ✓DNc Olf yes, what is your dale of residency? 1 2/2017 7. Daytime telephone number Email address Tio Ben's Mexican Grill Pen I .ding 8. Premises Name: Business Phone: 9 Premises Address: 3682 W. Orange Grove Rd. #146 Tucson, AZ Pima 85741 Shea (do not use PO box) City Slate 4/18120:3 'r 1 - Marana Town Council Regular Meeting Agenda Packet• }.`>•1 %%'V-, April 2, 2024 Ccunly Zip Page 45 of 103 114,1. 10. List your employment or type of business during the past five (5) years, if unemple , f�ltt,r's(tuz�r-II,'x;lace of I G�IUGI ILG VUUICJJ• MonihOYear �n IIM�..n nvv,.vnr.. Month Year a„�r. ,r . DESCRIBE POSITION OR BUSINESS EMPLOYERS NAME OR NAME OF BUSINESS Street Address City Stole azip) 0412022 CURRENT Co-Owner/Chef Crying Onion, 3684 W Orange Grove Rd. #156/160 Tucson, AZ 85741 12/2022 06/2023 Gen. Manager Mr. Baja, 201 W. Cottonwood Ln., Casa Grande, AZ 85122 1/2018 06/2022 Kitchen Manager Delicias Mexican Grill, 4581 S. 12th Ave. Tucson, AZ 85714 1 I . Proviclp_ vour residenCP_ oddress Information for the last five f5) years A.R.S. 64-202(D) (ATTACH ADDITIONAL SHEET IF NECESSARYI FROM To Month/Year Month/Year Sheet Ci State 09/2023 CURRENT 07/2022 08/2023 1212017 06/2022 (ATTACH ADDITIONAL SHEET IF NECESSARY) 12. As on Agent or Controlling Person, will you be managing the day to day operation of Yes ✓� No the licensed premises? If you answered YES, then answer #13 below. It NO, skip to #14 13. Have you attended a DLLC approved Basic and Management Liquor Law Training Yes Q✓ No Course within the past 3 years? MUST attach copies of both training certificates. 14. Have you been cited, arrested, indicted, convicted, or summoned into court for Yes No f; violation of ANY criminal law or ordinance, regardless of the disposition, even if dismissed or expunged, within the past five (5) years? 15. Are there ANY administrative law citations, compliance actions or consents, criminal Yes ❑ No p✓ arrests. indictments or summons pending against you? (Do not include civil traffic tickets) A.R.S.§4-202,4-210 16. Has onyone EVER obtained a judgement against you the subject of which involved Yes No p✓ fraud or misieoresentation? 17. Hove you had a liquor application or license rejected, denied, revoked or Yes No �✓ suspended in or outside of Arizona within the last five years? A.R.S.§4-202(D) 18. Has on entity in which you ore or have been a controlling person hod an application Yes No F. or license rejected, denied, revoked, or suspended in or outside of Arizona within the lost five: years? A.R.S.§4.202(D) If you answered "YES" to any Question 14 through 18 YOU MUST attach a signed statement. Give complete details including dates, agencies involved and dispositions. CHANGES TO QUESTIONS 14-18 MAY NOT BE ACCEPTED I, (Print Full Name) Ruben Contreras hereby swear under penalty of perjury and in compliance with A.R.S. § 4-210(A)(2) and (3) that I have read and understand the foregoing and verify that the information and statements tl gt_L�hove made herein are true and correct to the best of my knowledge. Signature: _ Date: -T Page 2 of 2 "r v14eAagrgribT6t4i'f.C2'2466cgIT6�ult—tcMeeting Agenda packet Page 46 of 103 April 2, 2024 Certificate # SXQ6rPZICo IZI On -sale Certificate of Completion ❑ Off -sale For ❑ On- and off -sale On Premise Basic course ( 3 hours) A Certificate of Complelion must be on a form provided by the Arizona Deportment of Liquor. Cerlificofes are completed by a state - approved Iraining provider and, when issued, the Cerlificale is signed by the course porlicipont. The State requires BASIC Title 4 training only os a prerequisite for MANAGEMENT Title 4 training or as a result of a liquor law viotation. Persons required to have BASIC Title 4 training ore listed of the base of this Certificate. Licensees sometimes require BASIC Title 4 Training a condition of employment. A replacement Cettiiicole of Complelion for Title 4 training must be available through the training provider for two years after the training completion date Student Information Ruben Contreras Full game (please print) Signature February 4, 2022 February 4, 2025 Training Complefion Date Certificate Expiration Dale (three years from completion dote) Training Provider Information AzLiquorTrainingxom Company Nome 536 E. Wagon Bluff Drive, Tucson, AZ 85704 Moiling Address (520) 235-5684 Daytime Contact Phone Number I, VF-VIN A KRAr BER (ONLINE) certify that the above named individual did successfully complete Instructor Nome (please print) Title 4 BASIC Training in occordcnce with A.R.S. §4-112(G'(2) and Arizona Administrative Code (A.A.C.)R19-1-103 using training course content and materials approved by the Arizona Department of Liquor Licenses and Control. I understand that misuse of this Certificate of Completion can result in the revocation of State -approval for the Title 4 Training Provider named in this section as provided by A.A.C. R19-1-103(E) and (F). 02 2022 4ifl'rub or Signature Day Mc Year Persons required ;o complete BASIC & MANAGEMENT Title 4 training: 1) ownerisj actively involved in the doily business operations of a Iiruor- licensed business of a series listed b^low 2) licensees, agents and managers actively involved in .e doily bus,-ne;s operations of a liquor -licensed business of a serves n se% 1,_lov., In -state Mi4croLr^wc iy Jsewa 31Govcrnmenl (series 5) Bar (series 61 Beer h Wine Bar (series 7) Conveyance isenes 81 Liquor Store Iseries 9) Private Club (series !,I) Holelf;motel v:/reslauranl (u:nes 1'J Restaurant Isenes -') In -stele Farm winery (series i3) Beer P, Wine Store jser,e- lr Liquor license c:rt;:b;.utrrns (intiol and renewal) are not crmplele unlil valid Cerlificoles of Completion Icr oll r; geared )person. Ix^�;e f✓r:r:r. submitted to the Deporlment of Liquor. The que:siionrn:he t'Nf ch designates o r„onager to a location) and the agent ehonge. form (which � �ssrgns a new atacnt r0 Ue'i.vE: I,eiel<ir IiCenses) ore: Prot ccr ,olote until /ciid Certificales cf ComploUon for all required persons hove been, sribmid d to the Dep3'Inte_n,t ,,)I L1Q.L,01. .luly 11 70,113 Marana Town Council Regular Meeting Agenda Packet Page 47 of 103 April 2, 2024 Certificate Ii`- wKS91'2L'PVP U On -sale Certificate of Completion ❑ Off -sale For ® On- and off -sale On/Off Premise Management (2 hours) A Certificate of Completion must be on a form provided by the Arizona Deportment of Liquor. Cerfificoles ore completed by e state - approved training provider and, when issued, the Certificate is signed by the course participant. The Sicte requires BASIC Title 4 training only as a prerequisite for MANAGEMENT Title 4 training or as a result of a liquor low violation. Persons required to have BASIC rifle 4 training ore listed at the base of this Certificate. Licensees sometimes require BASIC rifle 4 Trair-ing o condilion of employment A replacement Cerlificote of Completion for rifle 4 training must be available through the training provider for two years after the training completion date Student Information Ruben Contreras Full Narne (please print) Signature February 3, 2022 _ February 3, 2025 Training Completion Dote Certificate Expiation Dote (three years from completion date) Training Provider Information AzLiquorTraining.com Company Name 536 E. Wagon Bluff Drive, Tucson, AZ 85704 Mailing Address (520) 235-5684 Daytime Contact Phone Number --n rn W co r- -9 r- LO f Jl Cup I, KEVIN A KPANWE (ONLINE) certify that the above named individual did successfully complete Instructor Nome (please print) Title 4 BASIC Training in accordance with A.R.S. §4-112(G)(2) and Arizona Administrative Code (A.A.C.)R19-1-103 using training course content and materials approved by the Arizona Department of Liquor Licenses and Control. I understand that misuse of this Certificate of Completion can result in the revocation of State-approvol for the Title 4 Training Provider named in this section as provided by A.A.C. R 19-1-103(E) and (F). 03 02 2022 Y l s ti o. Signature Day Year Persons required to complete BASIC & MANAGEMENI fille 4 training: 1) owner(s) actively involved in the doi!y business operctions of a liquor - licensed business of a series listed oelow 2) licensees, aoents and manogers actively involved in the dcrty bvwless operalions of a liquor -licensed business of a series lislec be:a,,/ In -scale toicrobrewery (s(,ries 3) Government (series 5) Bar (series 6) Beer & Wine Bar (series 7; Conveyance (series 8) Liquor Store Iseries 91 Private Club (series 1 4) Holet/M.olel w/reslourcnt (,arieS 11) Restaurant Iseries 12) In -state Farm Winery (series 13) Beer & wine Store (series 1G) liquor Incense cr.)r;hcur,"r;r•; (c:itial and renewal) are n^t corr,pleIe until valid Certificates of Coryipletion for ;:II required persons `ovL 'r)-:en subm+tted to the Dopo,'rnenl of bquor. The quoslionnaire (.vhich designoles a roar,ogcr to a location) and the agent change term (which assigns o ne:: agertit 1e cc•r: e f,quo' Iici nses) cre no! con�plele until valid Ceoificales of Cornpletion for all required persons have been submitlec Io the Deroltrrerr' cl (:rvor. July 11, 2.0 i 3 Marana Town Council Regular Meeting Agenda Packet Page 48 of 103 April 2, 2024 � Top FINGERPRINT VERIFICATION FORMA ;v 4-:9r, 19-59 Arizona Department of Liquor Licenses and Control 4RIZONp' 800 W. Washinygton St. 5' }Floor Phoenix, AZ 85007 (602)542-5141 ATTENTION FINGERPRINT TECHNICIAN: Please follow the instructions below for fingerprinting this applicant. J A N 2 6 2024 DLLC USE ONLY Job #: 279217 Date Aceeptea279217 CSR: sg Please fill out or ensure that the applicant has filled out all the required boxes on the fingerprint card prior to taking the fingerprints. 2. Request a valid, unexpired government -issued photo 1D from the applicant and compare the physical descriptors on the applicant's photo 1D to the applicant and to the information on the fingerprint card. 3. Fill out the information in the boxes below. Please print clearly. 4. Once the prints have been taken, place the fingerprint card and this form into the envelope and seal it. Please write your name or identification across the edge of the seal. Return the sealed envelope to the applicant. Do not give the applicant the fingerprint card without first sealing it inside the envelope S. Write applicants name on front of sealed envelope PRINT the following information: Date I Name of Applicant: (-,zy - 2.0z u & 3. Name of Fingerprint Technician: G-4 RP,1 0-P,T17— Fingerprint technician's Signature: Cam&, 41 Fingerprint technician's A cy/company Name: Phone Number: Eagle Fingerprinting 5 20 - z 93 --5 (,23 Type of Photo ID Provided (check one): Driver's License ❑ Passport ❑ Other (Please specify) 12/20/2022 Page 1 of 2 Page 49 of 103 indivf�l®r�� Tpf all�ll}� ,( stir , � 1?o 89�42)s42 299, April 2, 2024 N D ? >ue,�- o AZ LLC r w �j L: f ST. 19�q A 4R1ZOO - �` FINGERPRINT VERIFICATION FORM Arizona Department of Liquor Licenses and Control 800 W. WashinL4on St. 5" Floor Phoenix, AZ 85007 (602)542-5141 ATTENTION FINGERPRINT TECHNICIAN: Please follow the instructions below for fingerprinting this applicant. rJAN 2 6 -1;t'i24 DLLC USE ONLY Jan#: 279217 Bate Accepted02/29/2024 CSR: Sg 1. Please fill out or ensure that the applicant has filled out all the required boxes on the fingerprint card prior to taking the fingerprints. 2. Request a valid, unexpired government -issued photo 1D from the applicant and compare the physical descriptors on the applicant's photo ID to the applicant and to the information on the fingerprint card. 3. Fill out the information in the boxes below. Please print clearly. 4. Once the prints have been taken, place the fingerprint card and this form into the envelope and seal it. Please write your name or identification across the edge of the seal. Return the sealed envelope to the applicant. Do not give the applicant the fingerprint card without first sealing it inside the envelope 5. Write applicants name on front of sealed envelope PRINT the following information: Date I Name of Applicant: 113eRTl�& C-*o r-3 , RvP-A5 Name of Fingerprint Technician: , L RR I U RT I Z Fingerprint technician's Signature: Fingerprint technician's .Ade,6cy/company Name: Phone Number: Eagle Fingerprinting 5 Zo - zgS --5 (,23 Type of Photo ID Provided (check one): Driver's License 12/20/2022 ❑ Passport ❑ Other (Please specify) I 'age 1 of 2 IndivMacenmi�ownccf,AaXcibRegWef, kin@s�cgenda Pg ItgRj2)542-2499 Page 50 of 103 April 2, 2024 AZ DLLC :S'7:19'>� i� 4RttO�P - FINGERPRINT VERIFICATION FORM Arizona Department of Liquor Licenses and Control 800 W. Washington St. 5'h Floor Phoenix, AZ 85007 (602) 542-5141 ATTENTION FINGERPRINT TECHNICIAN: Please follow the instructions below for fingerprinting this applicant. JAN 2 6 2024 DLLC USE ONLY .lob #: 279217 Date Ac V9/2024 CSR: Sg Please fill out or ensure that the applicant has filled out all the required boxes on the fingerprint card prior to taking the fingerprints. 2. Request a valid, unexpired government -issued photo ID from the applicant and compare the physical descriptors on the applicant's photo ID to the applicant and to the information on the fingerprint card. 3. Fill out the information in the boxes below. Please print clearly. 4. Once the prints have been taken, place the fingerprint card and this form into the envelope and seal it. Please write your name or identification across the edge of the seal. Return the sealed envelope to the applicant. Do not give the applicant the fingerprint card without first sealing it inside the envelope S. Write GDOUCants name on front of sealed envelope PRINT the following information: Date I Name of Applicant: ( —Zy-2b2-`>< I R0 F3 G �_) wN)— P-e-P—A S Namme� of Fingerprint Technician: `-1eRP,i Dwr1a Fingerprint technician's Signature: Fingerprint technician's Adeflcy/company Name: Phone Number: Eagle Fingerprinting Szo- z�3-5(,z3 Type of Photo ID Provided (check one): 0 Driver's License ❑ Passport ❑ Other (Please specify) 12/20/2022 Pcge I of 2 Indio(�q�g��n9irkidlBegat�ndstinq�gerudr� P�IC41at7j 12-2549 Page 51 of 103 April 2, 2024 F' "1 � 'Top ES2: 1g39 4q/20N�' POSTING Job# DLLC use only Arizona Dept. of Liquor Licenses and Control 800 W. Washington St. 5" Floor Phoenix, AZ 85007 (602)542-5141 Type or Print with Black Ink Date of Posting 03 ' 01 24 Applicant's Name: Leatherman Contreras Last Date of Posting Removal Bertha First Judith Middle Business Address: 3682 W Orange Grove Rd Tucson 85741 Street City Zip I hereby certify that pursuant to A.R.S. 4-201, 1 posted notice in a conspicuous place on the premises proposed to be licensed by the above applicant and said notice was posted for at least twenty (20) days. JR Burns Print Name of City/County Official 7a �/Z- -/-, !� Signature Housing Rehabilitation Specialist (520) 990-2496 Title Phone Number Z?Zt1 Date Signed Return this affidavit with your recommendations or any other related documents. If you have any questions please call (602) 542-5141 and ask for the Licensing Division. 7/21/2022 Individuals requiring ADA accommodations please call (602)542-2999 Marana Town Council Regular Meeting Agenda Packet Page 52 of 103 April 2, 2024 S T op L . 44ST 19'59 R/ZON V Local Governing Body Recommendation A. R.S. § 4-201(C) Arizona Dept. of Liquor Licenses and Control 800 W. Washington St. 5`h Floor Phoenix, AZ 85007 (602)542-5141 City or Town of: Town of Marana (Circle one) County of: Pima County Type or Print with Black Ink Liquor License/Application #: City/Town/County #: LL2024-02 279217 (Arizona license/application #) Licensed establishment that will be operating within an "entertainment district" as described in A.R.S. §4-207(D) (2), (Name of entertainment district) (Date of resolution to create the entertainment district) A boundary map of entertainment district must be attached. The Marana Town Council at a Regular meeting held (Governing body) (Regular or special) on the 02 of April 2024 considered the application of Berth Judith Leatherman Contreras (Day) (Month) (Year) (Name of applicant) for a license to sell spirituous liquor at the premises described in the application as provided by A.R.S §4-201. ORDER OF APPROVAL/DISAPPROVAL IT IS THEREFORE ORDERED that the license APPLICATION OF Berth Judith Leatherman Contreras (Name of applicant) to sell spirituous liquor of the class and in the manner designated in the application, is hereby recommended for (Approval, disapproval, or no recommendation) TRANSMISSION OF ORDER TO STATE IT IS FURTHER ORDERED that a certified copy of this order be immediately transmitted to the State Department of Liquor, License Division, 800 W Washington, 5th Floor, Phoenix, Arizona 85007. Dated at on I , (Location) (Day) (Month) (Year) (Printed name of city, town or county clerk) (Signature of city, town or county clerk) 7/21 /2022 Marana Town Council Regular Meeting Agenda Packet Page 53 of 103 Individuals requiring ADA aAWrgr202bVtions please call (602)542-2999 Department of Liquor Licenses and Control Descriptions of Common Types of Liquor Licenses Series 6 Bar The bar (series 6) liquor license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, this liquor license is transferable from person to person and/or location to location within the same county and allows the holder both on- & off -sale retail privileges. This license allows a bar retailer to sell and serve all types of spirituous liquors, primarily by individual portions, to be consumed on the premises and in the original container for consumption on or off the premises. A retailer with off -sale ("To Go") privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. A.R.S. § 4-206.01.F. states that after January 1, 2011, the off -sale privileges associated with a bar license shall be limited to no more than 30 % of the total annual sales receipts of liquor by the licensee at that location. Payment must be made no later than the time of delivery. Off -sale ("To Go") package sales of spirituous liquor can be made on the bar premises as long as the area of off -sale operation does not utilize a separate entrance and exit from the ones provided for the bar. A hotel or motel with a Series 6 license may sell spirituous liquor in sealed containers in individual portions to its registered guests at any time by means of a minibar located in the guest rooms of registered guests. The registered guest must be at least twenty-one (21) years of age. Access to the minibar is by a key or magnetic card device and not furnished to a guest between the hours of 2:00 a.m. and 6:00 a.m. Series 7 Beer and Wine Bar The beer and wine bar (series 7) liquor license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, this liquor license is transferable from person to person and/or location to location within the same county and allows the holder both on- & off -sale retail privileges. This license allows a beer and wine bar retailer to sell and serve beer and wine (no other spirituous liquors), primarily by individual portions, to be consumed on the premises and in the original container for consumption on or off the premises. A retailer with off - sale ("To Go") privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. A.R.S. § 4-206.01.F. states that after January 1, 2011, the off - sale privileges associated with a bar license shall be limited to no more than 30 % of the total annual sales receipts of liquor by the licensee at that location. Off -sale ("To Go") package sales can be made on the bar premises as long as the area of off -sale operation does not utilize a separate entrance and exit from the one provided for the bar. Payment must be made no later than the time of delivery. {00018233.DOC / 21 Marana Town Council Regular Meeting Agenda Packet Page 54 of 103 April 2, 2024 Department of Liquor Licenses and Control Descriptions of Common Types of Liquor Licenses Series 9 Liquor Store The liquor store (series 9) license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, this liquor license is transferable from person to person and/or location to location within the same county and allows a spirituous liquor store retailer to sell all types of spirituous liquors, only in the original unbroken package, to be taken away from the premises of the retailer and consumed off the premises. A retailer with off -sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery. Series 9 (liquor store) licensees and applicants may apply for unlimited sampling privileges by completing the Sampling Privileges form. Series 10 Beer and Wine Store This non -transferable, off -sale retail privileges liquor license allows a retail store to sell beer and wine (no other spirituous liquors), only in the original unbroken package, to be taken away from the premises of the retailer and consumed off the premises. A retailer with off -sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery. Series 10 (beer and wine store) licensees and applicants may apply for unlimited sampling privileges by completing the Sampling Privileges form. Series 11 Hotel/Motel This non -transferable, on -sale retail privileges liquor license allows the holder of a hotel/motel license to sell and serve all types of spirituous liquor solely for consumption on the premises of a hotel or motel that has a restaurant where food is served on the premises. The restaurant on the licensed premises must derive at least forty percent (40%) of its gross revenue from the sale of food. The holder of this license may sell spirituous liquor in sealed containers in individual portions to its registered guests at any time by means of a minibar located in the guest rooms of registered guests. The registered guest must be at least twenty-one (21) years of age. Access to the minibar is provided by a key or magnetic card device and may not be furnished to a guest between the hours of 2:00 a.m. and 6:00 a.m. Series 12 Restaurant This non -transferable, on -sale retail privileges liquor license allows the holder of a restaurant license to sell and serve all types of spirituous liquor solely for consumption on the premises of an establishment which derives at least forty percent (40%) of its gross revenue from the sale of food. Failure to meet the 40% food requirement may result in revocation of the license. {00018233.DOC / 21 Marana Town Council Regular Meeting Agenda Packet Page 55 of 103 April 2, 2024 A6� MARANA AZ ESTABLISHED 1 9 7 7 Council -Regular Meeting Al Meeting Date: 04/02/2024 To: Mayor and Council From: Jane Fairall, Town Attorney Date: April 2, 2024 Strategic Plan Focus Area: Not Applicable Subject: PUBLIC HEARING Ordinance No. 2024.010: Relating to Land Development; revising Marana Town Code Title 17 (Land Development), Chapter 17-4 (Zoning), Section 17-4-11 (Blended -use (BU)) and Section 17-4-12 (Downtown Marana overlay (DO)) to correct erroneous cross references; and declaring an emergency (Jane Fairall) Discussion: On June 5, 2021, the Mayor and Council approved Ordinance No. 2021.010 adopting comprehensive revisions to and reformatting and consolidation of Marana Town Code Title 17, consisting of 219 pages. Town staff has discovered that due to formatting errors in the conversion and consolidation process, some provisions in Sections 17-4-11 (Blended -use (BU)) and 17-4-12 (Downtown Marana overlay (DO)) were adopted with erroneous, nonsensical cross references. The proposed ordinance will correct those erroneous cross references and revert them to what was originally intended. Staff Recommendation: Staff recommends adoption of the proposed ordinance. Suggested Motion: Marana Town Council Regular Meeting Agenda Packet Page 56 of 103 April 2, 2024 I move to adopt Ordinance No. 2024.010, revising Marana Town Code Title 17 (Land Development), Chapter 17-4 (Zoning), Section 17-4-11 (Blended -use (BU)) and Section 17-4-12 (Downtown Marana overlay (DO)) to correct erroneous cross references; and declaring an emergency. Ordinance No. 2024.010 Attachments Marana Town Council Regular Meeting Agenda Packet Page 57 of 103 April 2, 2024 MARANA ORDINANCE NO.2024.010 RELATING TO LAND DEVELOPMENT; REVISING MARANA TOWN CODE TITLE 17 (LAND DEVELOPMENT), CHAPTER 17-4 (ZONING), SECTION 17-4-11 (BLENDED - USE (BU)) AND SECTION 17-4-12 (DOWNTOWN MARANA OVERLAY (DO)) TO CORRECT ERRONEOUS CROSS REFERENCES; AND DECLARING AN EMERGENCY WHEREAS A.R.S. §9-462.01 provides that the governing body of a municipality may adopt zoning regulations in order to conserve and promote the public health, safety and general welfare; and WHEREAS the Mayor and Council of the Town of Marana have adopted Marana Town Code Title 17 (Land Development) to promote the health, safety, order, and general welfare of the present and future inhabitants of the Town; and WHEREAS, on June 5, 2021, the Mayor and Council approved Ordinance No. 2021.010 adopting comprehensive revisions to and reformatting and consolidation of Marana Town Code Title 17, consisting of 219 pages; and WHEREAS Town staff has discovered that due to formatting errors in the conversion and consolidation process, some provisions in Sections 17-4-11 (Blended -use (BU)) and 17-4-12 (Downtown Marana overlay (DO)) of the Marana Town Code were adopted with erroneous cross references; and WHEREAS the Mayor and Council find that the revisions set forth in this ordinance are insubstantial enough not to require or benefit from Planning Commission consideration; and WHEREAS the Mayor and Council of the Town of Marana find that revising Marana Town Code Title 17 as set forth in this ordinance is in the best interests of the Town and its residents. NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. Marana Town Code Title 17 (Land Development), Chapter 17-4 (Zoning), Section 17-4-11 (Blended -use (BU)) is hereby amended as follows (with deletions shown with stri'_ e4 roug— ,s and additions shown with double underlining): 00089350.DOCX /1 Ordinance No. 2024.010 - 1 - Marana Town Council Regular Meeting Agenda Packet April 2, 2024 Page 58 of 103 17-4-11 Blended -use (BU) The blended -use zoning district may be applied by process of rezoning to any parcel 40 acres or greater. The approval of rezoning to BU adopts the blended -use plan submitted by the applicant in conformance with this section and section 17-4-9 Mixed -use zoning districts) 0 (whe side eafsetbks must equal eie(eeedthe keight of site. see 1-7- 8 -2(b)(6) mixeuse d g ,listr- is [No revisions to paragraphs A through D] SECTION 2. Marana Town Code Title 17 (Land Development), Chapter 17-4 (Zoning), Section 17-4-12 (Downtown Marana overlay (DO)) is hereby amended as follows (with deletions shown with str-i - th,,,,ugh and additions shown with double underlining): 17-4-12 Downtown Marana overlay (DO) [No revisions to paragraphs A and B] C. Administrative approval. The planning manager is authorized and directed to approve a downtown implementation plan that conforms to the requirements of sections 17-4-9 Mixed - use zoninLy districts). 17-14-12 0 (when commercialindustrial a v i anent ; adjacent to �... E— Downtown Marana overlay (DO)), 17-4-13 (Downtown neighborhood (DN)), and 17-4-14 (Downtown (DT)), and meets the following minimum requirements: [No revisions to subparagraphs 1 through 3] [No revisions to existing paragraph F which is hereby re -lettered as paragraph D] SECTION 3. The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance. SECTION 4. All ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the Council in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance. SECTION 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this ordinance. Ordinance No. 2024.010 -2- Marana Town Council Regular Meeting Agenda Packet Page 59 of 103 April 2, 2024 E— Downtown Marana overlay (DO)), 17-4-13 (Downtown neighborhood (DN)), and 17-4-14 (Downtown (DT)), and meets the following minimum requirements: [No revisions to subparagraphs 1 through 3] [No revisions to existing paragraph F which is hereby re -lettered as paragraph D] SECTION 3. The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance. SECTION 4. All ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the Council in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance. SECTION 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this ordinance. Ordinance No. 2024.010 -2- Marana Town Council Regular Meeting Agenda Packet Page 59 of 103 April 2, 2024 SECTION 6. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this ordinance become immediately effective, an emergency is hereby declared to exist, and this ordinance shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, Arizona, this 2nd day of April 2024. ATTEST: David L. Udall, Town Clerk Mayor Ed Honea APPROVED AS TO FORM: Jane Fairall, Town Attorney Ordinance No. 2024.010 - 3 - Marana Town Council Regular Meeting Agenda Packet Page 60 of 103 April 2, 2024 MARANA ESTABLISHED 1 9 7 7 Council -Regular Meeting Meeting Date: 04/02/2024 To: Mayor and Council Submitted For: Fausto Burruel, Public Works Director From: Fausto Burruel, Public Works Director Date: April 2, 2024 Strategic Plan Focus Area: Vibrant Community IN Strategic Plan Focus Area Additional Info: Goal: PROVIDE A SAFE AND CONNECTED MULTI -MODAL TRANSPORTATION SYSTEM TO SUPPORT THE MOBILITY NEEDS OF PRESENT AND FUTURE RESIDENTS. Strategy: Improve safety for people using all modes of travel by implementing programs, policies, educational resources, and infrastructure improvements to minimize traffic congestion. Subject: PUBLIC HEARING Resolution No. 2024-029: Relating to Development; amending the infrastructure improvements plan supporting development impact fees for streets facilities and the streets facilities development fee report by renaming the project identified as "Adonis Road" as "Adonis Road/Mandarina Blvd" without changing the amount of the streets impact fees or the level of service (Fausto Burruel) Discussion: The need for an amendment to the Town of Marana's current Streets Facilities Impact Fee Program has been identified. At the time the Infrastructure Improvements Plan (IIP, approved 9/20/22) and Development Fee Report (approved 12/20/22) were developed, the Town and Psomas (Impact Fee Consultant) intended to include the improvements to Adonis Road and Mandarina Boulevard as a project in the Northwest service area. This is reflected in the fact that the end points and project costs correspond to the total identified for those roadways. However, the project was inadvertently labeled only as "Adonis Road" without mentioning Mandarina Blvd. Marana Town Council Regular Meeting Agenda Packet Page 61 of 103 April 2, 2024 The proposed amendment revises several tables and appendices to the studies to reflect the correct project name as "Adonis Road / Mandarina Blvd". Since the amendment does not increase the level of service in the service area or cause a change in the development fee, the process can be pursued administratively as provided in A.R.S. section 9-463.05(D)(10). The revised tables are listed below and attached (changes are in red text) in the memorandum supplied by Psomas: • IIP Table 1. Necessary Streets Facilities, Existing and Future • IIP Table 2. Current and Future Traffic Volumes • IIP Appendix C - Assessed Costs by Project and Service Area • Development Fee Report Appendix B - Assessed Costs by Project and Service Area Financial Impact: No financial impact is anticipated with this item as the amendment is a name change only. The cost estimate that was generated for "Adonis Road" is the same for "Adonis Road/Mandarina Blvd". Staff Recommendation: Staff recommends adoption of Resolution No. 2024-029, amending the infrastructure improvements plan and development report supporting development fee impact fees for streets facilities by amending the project identified as Adonis Road to the correct name of Adonis Road/Mandarina Blvd. Suggested Motion: I move to adopt Resolution No. 2024-029, amending the infrastructure improvements plan supporting development impact fees for streets facilities and the streets facilities development fee report by renaming the project identified as "Adonis Road" as "Adonis Road/Mandarina Blvd" without changing the amount of the streets impact fees or the level of service. Attachments Resolution No. 2024-029 Exhibit A - Psomas Memo Adonis Road Mandarina Blvd Exhibit Marana Town Council Regular Meeting Agenda Packet Page 62 of 103 April 2, 2024 MARANA RESOLUTION NO.2024-029 RELATING TO DEVELOPMENT; AMENDING THE INFRASTRUCTURE IMPROVEMENTS PLAN SUPPORTING DEVELOPMENT IMPACT FEES FOR STREETS FACILITIES AND THE STREETS FACILITIES DEVELOPMENT FEE REPORT BY RENAMING THE PROJECT IDENTIFIED AS "ADONIS ROAD" AS "ADONIS ROAD/MANDARINA BLVD" WITHOUT CHANGING THE AMOUNT OF THE STREETS IMPACT FEES OR THE LEVEL OF SERVICE 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 Council adopted Marana Ordinance No. 2022.029 at its regularly scheduled Town Council meeting on December 20, 2022 to, among other things, revise development impact fees for streets facilities to conform to A.R.S. § 9-463.05; and WHEREAS the streets facilities development impact fee adopted relied on the streets infrastructure improvement plan adopted by paragraph 2 of Marana Resolution No. 2022-100 dated September 20, 2022 (the "2022 Streets IIP"); and WHEREAS the 2022 Streets IIP identifies a project labeled as "Adonis Road" with limits from Grier Road to Tangerine Road; and WHEREAS the project labeled as "Adonis Road" with limits from Grier Road to Tangerine Road in the 2022 Streets IIP was meant to include the improvements to Adonis Road and Mandarina Boulevard; however, the project was inadvertently labeled only as "Adonis Road" without mentioning Mandarina Boulevard; and WHEREAS the revisions to the 2022 Streets IIP supporting development impact fees for streets facilities and to the streets facilities development fee report will not result in any change in the amount of the streets 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 2022 Streets IIP was published in The Daily Territorial on February 27, 28, 29 and March 1, 2024; and WHEREAS the Town Council finds this resolution to be in the best interests of the Town and its citizens. Resolution No. 2024-029 - 1 - Marana Town Council Regular Meeting Agenda Packet Page 63 of 103 April 2, 2024 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The 2022 Streets IIP and the streets facilities development fee report based on the 2022 Streets IIP are hereby amended as set forth in the Psomas Memorandum dated February 6, 2024, attached to and incorporated herein by this reference as Exhibit A. 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, obligations, and objectives of this resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 2nd day of April 2024. ATTEST: David L. Udall, Town Clerk Mayor Ed Honea APPROVED AS TO FORM: Jane Fairall, Town Attorney Resolution No. 2024-029 - 2 - Marana Town Council Regular Meeting Agenda Packet Page 64 of 103 April 2, 2024 To MEMORANDUM Fausto Burruel, P.E., Public Works Director & Town Enginee From: Alejandro Angel, PhD, PE - Psomas Date: February 6, 2024 Subject: Amendment to Marana's Streets Facilities Impact Fee Program The purpose of this memorandum is to support an amendment to the current Streets Facilities Impact Fee program for the Town of Marana. At the time the Infrastructure Improvements Plan (IIP, approved 9/20/22) and Development Fee Report (approved 12/20/22) were developed, the Town and Psomas intended to include the improvements to Adonis Road and Mandarina Boulevard as a project in the Northwest service area. This is reflected in the fact that the end points and project costs correspond to the total identified for those roadways. However, the project was inadvertently labeled only as "Adonis Road" without mentioning Mandarina Blvd. The proposed amendment revises several tables and appendices to the studies to reflect the correct project name as "Adonis Road / Mandarina Blvd". Since the amendment does not increase the level of service in the service area or cause a change in the development fee, the process can be pursued administratively as provided in ARS 9-463.05(D)(10). The revised tables are listed below and attached (changes are in red text): • IIP Table 1. Necessary Streets Facilities, Existing and Future • IIP Table 2. Current and Future Traffic Volumes • IIP Appendix C - Assessed Costs by Project and Service Area • Development Fee Report Appendix B - Assessed Costs by Project and Service Area E)Mi mtaATtrrN4awM,tzER,# ern ,N&lc2 2*429 Page 65 of 103 April 2, 2024 Table 1. Necessary Streets Facilities, Existing and Future .. d Project Limits # of Lanes Length (mi) Construction Per Lane -Mile Cost Total Non- Construction Costs* Total Capital Cost - New/ Improvements Legacy Cost Cost Attributable to Development" Source / Notes Marana Main Street Sandario Grier 2 0.54 $2,100,000 $2,268,000 $986,580 $3,255,000 $3,255,000 Lane mile costs from RTA Bids Marana Main Street Tangerine Farms Rd Sandario 2 0.35 $873,000 $873,000 Town of Marana / Debt Service Tangerine Farms Road 1-10 (Tangerine TI) Clark Farms 4 4.1 Outstanding Impact Fee Credits $3,018,397 $3,018,397 Clark Farms Riccati Dr Despain Dr 3 0.7 (built by developer) V Tangerine Farms Road Clark Farms 1-10 (Marana TI) 4 1.2 $2,100,000 $10,080,000 $5,896,800 $15,977,000 $7,484,400 Lane mile costs from RTA Bids v Marana Road Interchange, N/A N/A N/A N/A $6,753,000 $6,753,000 Town of Marana /prelim estimate o z Phase 1 Clark Farms Despain Dr Lon Adams Rd 3 0.5 $2,100,000 $3,150,000 $1,370,250 $4,520,000 $3,365,622 Lane mile costs from RTA Bids Clark Farms Lon Adams Rd Tangerine Farms Rd 4 2.1 $2,100,000 $17,640,000 $7,673,400 $25,313,000 $11,774,700 Lane mile costs from RTA Bids Adonis Road/Mandarins Blvd Grier Rd Tangerine Rd 2 3.0 $2,100,000 $12,600,000 $8,001,000 $20,601,000 $14,465,963 Lane mile costs from RTA Bids Tangerine Road Interchange N/A N/A N/A N/A $4,500,000 $4,500,000 Town of Marana / prelim estimate (Cost split with NE) Tangerine Road, Phase 1 Dove Mountain Blvd Town Limits 4 2.4 $6,189,000 $1,896,029 Town of Marana / Shortfall in impact fees at time of construction Town of Marana / Calculated cost Tangerine Road, Phase 2 1-10 (Tangerine TI) Dove Mountain Blvd 4 4.6 $42,537,000 $13,936,211 based on Phase 1 costs, less RTA and State funding N (6 `o Twin Peaks Road Lambert Ln Tangerine Rd 4 2.1 $3,642,259 $3,642,259 Town of Marana / Debt Service z Moore Road Camino de Oeste Thornydale Rd 2 1.3 $291,788 $291,788 Town of Marana / Outstanding cost Cayton Road Dove Mountain Blvd Thornydale Rd 2 1.1 $2,100,000 $4,620,000 $2,009,700 $6,630,000 $6,630,000 Lane mile costs from RTA Bids Tangerine Road Interchange N/A N/A N/A $1,500,000 $1,500,000 Town of Marana / prelim estimate(Cost split with NW) Twin Peaks Interchange N/A N/A N/A N/A $3,757,886 $3,757,886 Town of Marana /Debt Service Twin Peaks Road 1-10 Lambert Ln 4 1.3 Twin Peaks Road/ Saguaro Highlands Dr Silverbell Rd 4 1.5 $18,001,838 $7,506,111 Town of Marana / prelim estimate Rattlesnake Pass Cortaro Road I-10 Camino de Oeste 4 1.7 $8,134,735 $2,319,081 Town of Marana / Construction Cost N Silverbell Road Ina Rd Cortaro Rd 4 1.0 $21,068,682 $8,023,017 Town of Marana /Construction Cost Ina Road I-10 Silverbell Rd 4 1.1 $9,000,000 $3,006,062 Town of Marana / Construction Cost Town of Marana / RTA estimates of Silverbell Road Sunset Rd Ina Rd 4 3.2 $8,013,159 $2,625,316 difference between 3-lane and 4- lane for Marana portion of project * Includes ROW, environmental mitigation, drainage, design, construction Total (New/Improvement Facilities) $201,993,414 Total (Legacy Facilities) $11,583,330 management, financing costs TOTAL (ALL FACILITIES) $213,576,744 ** See Appendix C for additional detail September 2022 Streets Facilities Infrastructure Improvements Plan Page 4 Ex MNATtarMawm &ER1dw a )N@nc 24A29 April 2, 2024 Page 66 of 103 Table 2. Current and Future Traffic Volumes ... Project Marana Main Street Limits Sandario Rd Grier Rd Speed Existing Limit Volume .. 25 0 Existing Volume Existing CapacityCapacity .. N/A Future .. 1,000 Future 3,000 Future .. 13,990 Marana Main Street Tangerine Farms Rd Sandario Rd 25 1,000 16,730 300 4,300 16,730 Tangerine Farms Road 1-10 (Tangerine TI) Clark Farms 45 13,500 37,610 27,500 37,610 v Clark Farms Riccati Dr Despain Dr 40 3,200 17,567 8,700 17,567 v t Tangerine Farms Road Clark Farms 1-10 (Marana TI) 45 0 N/A 10,000 30,620 o Marana Road Interchange, Phase 1 N/A N/A N/A N/A N/A N/A N/A z Clark Farms Despain Dr Lon Adams Rd 35 0 N/A 10,000 14,690 Clark Farms Lon Adams Rd Tangerine Farms Rd 35 0 N/A 9,000 30,620 Adonis Road/Mandarina Blvd Grier Rd Tangerine Rd 45 0 N/A 10,000 15,930 Tangerine Road Interchange N/A N/A N/A N/A N/A N/A N/A Tangerine Road, Phase 1 Dove Mountain Blvd Town Limits 50 10,000 15,400 37,610 15,000 20,400 37,610 Y Tangerine Road, Phase 2 1-10 (Tangerine TI) Dove Mountain Blvd 50 8,000 16,730 14,000 37,610 Twin Peaks Road Lambert Ln Tangerine Rd 45 16,000 37,610 23,500 37,610 o Moore Road Camino De Oeste Thornydale Rd 30 3,000 13,990 7,000 16,730 z Cayton Road Dove Mountain Blvd Thornydale Rd 30 0 N/A 5,400 13,990 Tangerine Road Interchange N/A N/A N/A I N/A N/A N/A N/A Twin Peaks Interchange N/A N/A N/A N/A N/A N/A N/A Twin Peaks Road 1-10 Lambert Ln 45 18,000 22,000 37,610 29,000 33,000 37,610 t Twin Peaks Road/Rattlesnake Pass Saguaro Highlands Dr Silverbell Rd 45 12,500 16,730 16,000 22,700 37,610 Y o Cortaro Road 1-10 Camino de Oeste 40 25,000 37,610 29,000 37,610 Silverbell Road Ina Rd Cortaro Rd 45 22,000 14,000 37,610 22,500 37,610 Ina Road 1-10 Silverbell Rd 45 26,000 16,730 22,000 32,300 37,610 Silverbell Road Ina Rd Sunset Rd 45 10,000 16,730 16,000 37,610 1 From PAG 2021Travel Demand Model using Marana Land Use Assumptions z Used recent traffic count if significant differences between 2021 PAG Model and recent traffic counts 3 Based on current road section and FDOT Capacity Tables 4 From PAG Travel Demand Model using Marana 2031 Land Use Assumptions and regional growth factor 5 Adjusted to better reflect anticipated volumes based on existing and planned developments 6 Based on 2032 road section and FDOT Capacity Tables September 2022 Streets Facilities Infrastructure Improvements Plan Page 6 ExM#MbgATtrrMaweA&ER,d)N&lc2 2*429 April 2, 2024 Page 67 of 103 Appendix C Assessed Costs by Project and Service Area F...d Project Marana Main Street Limits Sandario Rd Grier Rd Project Type New L If 0 f anes 2 classification Collector Volume Before improvements 0 ExIstin g Volume (veh/day) 0 Existing Capacity (veh/day) N/A Future Volume (veh/day) 3,000 Future Capacity (veh/day) 13,990 Traffic from Development 3,000 % of Capacity d. velopment 21% Total Cost of New imp Costs Road way $ 3,255,002 .'st. nolin .Pact Fe Cred its Debt S' s e-I 10's' of r c (80%) .v Cost of bilk./ped improv (20%) Cost Attribu able to Develoment = !tVehicular ,I C t-%C 0,100 f ped/bike improvements $ 3,255,000 Marana Main Street Tangeriinde Farms Sandario Rd Legacy 2 Collector 0 1,000 16,730 4,300 16,730 3,300 20% $ 873,000 $ 873,000 Tangerine Farms Road 1-10 (Tangerine TI) Clark Farms Legacy 4 Arterial 0 13,500 37,610 27,500 37,610 14,000 37% $ 3,018,397 $ 3,018,397 Clark Farms Riccati Dr Despain Dr Legacy 3 Collector 0 3,200 17,567 8,700 17,567 5,500 31% 3 Tangerine Farms Road Clark Farms I-10 (Marana TI) New 4 Arterial 0 0 N/A 10,000 30,620 10,000 33% $ 15,977,000 $ 7,484,400 $ 7,484,400 cMarana Road N/A N/A Interchange N/A N/A N/A N/A N/A N/A N/A N/A 100% $ 6,753,000 $ 6,753,000 z Interchange, Phase 1 Reconstruct Clark Farms Despain Dr Lon Adams Rd New 3 Collector 0 0 N/A 10,000 14,690 10,000 68% $ 4,520,000 $ 3,616,000 $ 904,000 $ 3,365,622 Clark Farms Lon Adams Rd Tangeriinde Farms New 4 Collector 0 0 N/A 9,000 30,620 9,000 29% $ 25,313,000 $ 11,774,700 $ 11,774,700 Adonis Rd/Mandarina Blvd Grier Rd Tangerine Rd New 2 Collector 0 0 N/A 10,000 15,930 10,000 63% $ 20,601,000 $ 16,480,800 $ 4,120,200 $ 14,465,963 Tangerine Road N/A N/A Interchange N/A N/A N/A N/A N/A N/A N/A N/A 100% $ 4,500,000 $ 4,500,000 Interchange Reconstruct Tangerine Road, Phase Dove Mountain Town Limits Completed 4 Arterial 14,444 15,400 37,610 20,400 37,610 5,000 13% $ 6,189,000 $ 4,951,200 $ 1,237,800 $ 1,896,029 1 Blvd Capacity Tangerine Road, Phase I-10 (Tangerine Dove Mountain Improvement 4 Arterial N/A 8,000 16,730 14,000 37,610 6,000 16% $ 42,537,000 $ 34,029,600 $ 9,507,400 $ 13,936,211 2 TI) Blvd Twin Peaks Road Lambert Ln Tangerine Rd Completed 4 Arterial 0 16,000 37,610 23,500 37,610 23,500 62% $ 3,642,259 $ 3,642,259 Capacity r 0 Moore Road Camino De Thornydale Rd Completed 2 Collector 0 3,000 13,990 7,000 16,730 7,000 42% $ 291,788 $ 291,788 Oeste Capacity Cayton Road Dove Mountain Thornydale Rd New 2 Collector 0 0 N/A 5,400 13,990 5,400 39% $ 6,630,000 $ 6,630,000 Blvd Tangerine Road N/A N/A Interchange N/A N/A N/A N/A N/A N/A N/A N/A 100% $ 1,500,000 $ 1,500,000 Interchange Reconstruct Twin Peaks Interchange N/A N/A Legacy N/A N/A N/A N/A N/A N/A N/A N/A 100% $ 3,757,886 $ 3,757,886 Twin Peaks Road 1-10 Lambert Ln Legacy 4 Arterial 0 22,000 37,610 33,000 371610 111000 29% Twin Peaks Road/ Saguaro Silverbell Rd Expansion 4 Collector N/A 12,500 16,730 22,700 37,610 10,200 27% $ 18,001,838 $ 14,401,470 $ 3,600,368 $ 7,506,111 Rattlesnake Pass Highlands Dr Cortaro Road 1-10 Camino de Completed 4 Arterial 23,000 25,000 37,610 29,000 37,610 4,000 11% $ 8,134,735 $ 6,507,788 $ 1,626,947 $ 2,319,081 o Oeste Capacity v, Silverbell Road Ina Rd Cortaro Rd Completed 4 Arterial 9,800 14,000 37,610 22,500 37,610 8,500 23% $ 21,068,682 $ 16,854,946 $ 4,213,736 $ 8,023,017 Capacity Ina Road 1-10 Silverbell Rd Completed 4 Arterial 12,848 26,000 16,730 32,300 37,610 6,300 17% $ 91000,000 $ 7,200,000 $ 1,800,000 $ 3,006,062 Capacity Silverbell Road Ina Rd Sunset Rd Expansion 4 Arterial N/A 10,000 16,730 16,000 37,610 6,000 16% $ 8,013,159 $ 6,410,527 $ 1,602,632 $ 2,625,316 September 2022 ExMi€I�baAT�rawri�#rn0r!C29 Page 68 of 103 April 2, 2024 Appendix B Assessed Costs by Project and Service Area MIR New 2 Collector 0 0 N/A 31000 13,990 3,000 21% $ 3,255,000 $ 3,255,000 Marana Main Street Sandario Rd Grier Rd Marana Main Street Tangerine Sandario Rd Legacy 2 Collector 0 1,000 16,730 4,300 16,730 3,300 20% $ 873,000 $ 873,000 Farms Rd I-10 (Tanan (Tangerine Tangerine Farms Road Clark Farms Legacy 4 Arterial 0 13,500 37,610 27,500 37,610 14,000 37%TI) $ 3,018,397 $ 3,018,397 Clark Farms Riccati Dr Despain Dr Legacy 3 Collector 0 3,200 17,567 8,700 17,567 5,500 31% v Tan Tangerine Farms Road Clark Farms 110 (Marana New 4 Arterial 0 0 N/A 10,000 30,620 10,000 33% / $15,977,000 $ 7,484,400 $ 7,484,400 3: TI) TI) o Marana Road Interchange, N/A N/A Interchange N/A N/A N/A N/A N/A N/A N/A N/A 100% $ 6,753,000 $ 6,753,000 Z Phase 1 Reconstruct Clark Farms Despain Dr Lon Adams Rd New 3 Collector 0 0 N/A 10,000 14,690 10,000 68% $ 4,520,000 $ 3,616,000 $ 904,000 $ 3,365,622 Clark Farms Lon Adams Rd Tangerine New 4 Collector 0 0 N/A 9,000 30,620 9,000 29% $ 25,313,000 $11,774,700 $ 11,774,700 Farms Rd Adonis Road/Mandarins Blvd Grier Rd Tangerine Rd New 2 Collector 0 0 N/A 10,000 15,930 10,000 63% $ 20,601,000 $ 16,480,800 $4,120,200 $ 14,465,963 Tangerine Road Interchange N/A N/A Interchange N/A N/A N/A N/A N/A N/A N/A N/A 100% $ 4,500,000 $ 4,500,000 Reconstruct Tangerine Road, Phase 1 Dove Town Limits Completed 4 Arterial 14,444 15,400 37,610 20,400 37,610 5,000 13% $ 6,189,000 $ 4,951,200 $1,237,800 $ 1,896,029 Mountain Blvd Capacity Tangerine Road, Phase 2 I-10(Tangerine Dove Improvement 4 Arterial N/A 8,000 16,730 14,000 37,610 6,000 16% $42,537,000 $ 34,029,600 $8,507,400 $ 13,936,211 TI) Mountain Blvd t Twin Peaks Road Lambert Ln Tangerine Rd Completed 4 Arterial 0 16,000 37,610 23,500 37,610 23,500 62% $ 3,642,259 $ 3,642,259 Capacity Z Moore Road Camino De Thornydale Rd Completed 2 Collector 0 3,000 13,990 7,000 16,730 7,000 42% $ 291,788 $ 291,788 Ceste Capacity Cayton Road Dove Thornydale Rd New 2 Collector 0 0 N/A 5,400 13,990 5,400 39% $ 6,630,000 $ 6,630,000 Mountain Blvd Tangerine Road Interchange N/A N/A Interchange N/A N/A N/A N/A N/A N/A N/A N/A 100% $ 1,500,000 $ 1,500,000 Reconstruct Twin Peaks Interchange N/A N/A Legacy N/A N/A N/A N/A N/A N/A N/A N/A 100% $ 3,757,886 $ 3,757,886 Twin Peaks Road 1-10 Lambert Ln Legacy 4 Arterial 0 22,000 37,610 33,000 37,610 11,000 29% Twin Peaks Saguaro Silverbell Rd Expansion 4 Collector N/A 12,500 16,730 22,700 37,610 10,200 27% $18,001,838 $ 14,401,470 $3,600,368 $ 7,506,111 Road/Rattlesnake Pass Highlands Dr Cortaro Road 1-10 Camino de Completed 4 Arterial 23,000 25,000 37,610 29,000 37,610 4,000 11% $ 8,134,735 $ 6,507,788 $1,626,947 $ 2,319,081 o Ceste Capacity N Completed Silverbell Road Ina Rd Cortaro Rd 4 Arterial 9,800 14,000 37,610 22,500 37,610 8,500 23% $ 21,068,682 $ 16,854,946 $4,213,736 $ 8,023,017 Capacity Ina Road 1-10 Silverbell Rd Completed 4 Arterial 12,848 26,000 16,730 32,300 37,610 6,300 17% $ 9,000,000 $ 7,200,000 $1,800,000 $ 3,006,062 Capacity Silverbell Road Ina Rd Sunset Rd Expansion 4 Arterial N/A 10,000 16,730 16,000 37,610 6,000 16% 1 $ 8,013,159 $ 6,410,527 $1,602,632 $ 2,625,316 E)Mi btaATtrrN4awml,tzER,# )Noncg&2*429 Page 69 of 103 April 2, 2024 PF to / ' /1 t a S• w!S \�� ' • 1 � � �_, :ram ,. • t ' . _ • of ��,, , •, 1 � + ��,��' ref /- !' � . t;• ' ' , .. • •'� . • -": _ .. f of 14— F , N\ 10 do I-- s �. - ,. -tom - - - , . �r -� _ - . - _ — _'"�• .; `� ,� •. D D -- • ` • i to �r.w v� ' , ��. ` . , AP es 1 i IS �.• �' rr _ �. ! 10 • iF, 5't � a ti� ,r! H' � � r •1.' i - {II _ � •♦ �f'�•`� I)'jr •\ � 1 -` \ • '♦ «� •�; . •��►� t+�' •. tr� - - - - "_ • I • 1 I �• t Ir - r , ► ice. .��. '�, v j f` 11115 - _�_..� •��-�-_ � _ �.»-_-� _ - . y_.-mob . . ..� -_w ♦ • Y*'- ..• rho-4y-. .�- _ . ] _ O O ` - ` -�/ • • •• �'i/-�� - Page 70 of 10 April 2, 2024 A6� MARANA AZ ESTABLISHED 1 9 7 7 Council -Regular Meeting A3 Meeting Date: 04/02/2024 To: Mayor and Council From: David L. Udall, Town Clerk/Assistant Town Attorney Date: April 2, 2024 Strategic Plan Focus Area: Proactive Public Services Subject: Resolution No. 2024-030: Relating to Water and Wastewater; approving and authorizing the Mayor to sign reconciliation agreements for construction of water and sewer facilities under private contract with Mandarina Holdings, LLC for the Mandarina development (David L. Udall) Discussion: The Mandarina development is located north of Tangerine Road and east of Interstate 10. The developer of Mandarina entered into the "Town of Marana Agreement for Construction of Water Facilities Under Private Contract - Mandarina Offsite Water" and the "Town of Marana Agreement for Construction of Water Facilities Under Private Contract - Mandarina Offsite Sewer" pursuant to Marana Resolution No. 2021-11 dated February 2, 2021 (collectively, the "Water and Sewer Service Agreements") Under the terms of the Water and Sewer Service Agreements, the Town and the developer agreed the developer would be compensated for installing offsite water and sewer infrastructure of sufficient size and capacity to not only serve the Mandarina development, but to serve future development in the area as well. To that end, the agreements established oversizing recovery charges of $499.50 per equivalent demand unit CEDU") for the oversized water infrastructure and $416.89 per EDU for the oversized sewer infrastructure. These oversizing recovery charges were calculated based on the then -anticipated cost of the water and sewer infrastructure work. The oversizing recovery charges are pass -through payments which will be made to the Town by future water and wastewater customers who connect to the water and sewer facilities installed by the developer of Mandarina. The Town will then forward the Marana Town Council Regular Meeting Agenda Packet Page 71 of 103 April 2, 2024 oversizing recovery charge payments to the developer. Oversizing recovery charges are authorized by Section 14-4-3(C) of the Marana Town Code. Since then, the developer has installed the offsite water and sewer infrastructure. The Town anticipates formally accepting the infrastructure in the near future, and the developer is now satisfied with the actual cost of the work and does not anticipate the actual cost of the work will change. The developer has also submitted to the Town a revised EDU count for the Mandarina development. The actual cost of the installation of the water infrastructure is higher than originally anticipated. As a result, Town staff has negotiated a water reconciliation agreement with the developer to increase the oversizing recovery charge to $521.46 per EDU, calculated based on the actual cost of the water infrastructure construction work and the revised EDU count. The actual cost of installing the sewer infrastructure is lower than originally anticipated. As a result, Town staff has negotiated a sewer reconciliation agreement with the developer to decrease the oversizing recovery charge to $330.97 per EDU, calculated based on the actual cost of the sewer infrastructure construction work and the revised EDU count. Town staff has provided notice of the proposed changes to the oversizing recovery charges to potentially affected property owners pursuant to Section 14-4-5 of the Marana Town Code. Template copies of the respective notices have been included in the agenda materials accompanying this item, which include tables showing the original and modified oversizing recovery charge calculations. Also included are notification area maps of potentially affected properties. If approved, the water and sewer reconciliation agreements will revise the respective oversizing recovery charges for the Mandarina development as outlined above. Staff Recommendation: Staff recommends approval of Resolution No. 2024-030. Suggested Motion: I move to adopt Resolution No. 2024-030, approving and authorizing the Mayor to sign reconciliation agreements for construction of water and sewer facilities under private contract with Mandarina Holdings, LLC for the Mandarina development. Attachments Resolution No. 2024-030 Exhibit A - Water Reconciliation Agreement Exhibit B - Sewer Reconciliation Agreement Notification Letter (Water) Notification Area Map (Water) Notification Letter (Sewer) Marana Town Council Regular Meeting Agenda Packet Page 72 of 103 April 2, 2024 Notification Area Map (Sewer) Mandarina Protected Facilities Agreement (Water) Mandarina Protected Facilities Agreement (Sewer) Marana Town Council Regular Meeting Agenda Packet Page 73 of 103 April 2, 2024 MARANA RESOLUTION NO.2024-030 RELATING TO WATER AND WASTEWATER; APPROVING AND AUTHORIZING THE MAYOR TO SIGN RECONCILIATION AGREEMENTS FOR CONSTRUCTION OF WATER AND SEWER FACILITIES UNDER PRIVATE CONTRACT WITH MANDARINA HOLDINGS, LLC FOR THE MANDARINA DEVELOPMENT WHEREAS the Town of Marana adopted Resolution No. 2021-11 on February 2, 2021, approving and authorizing the Mayor to sign agreements entitled "Town of Marana Agreement for Construction of Water Facilities Under Private Contract - Mandarina Offsite Water," recorded in the office of the Recorder of Pima County, Arizona, on February 5, 2021, at Sequence No. 20210360145, and the "Town of Marana Agreement for Construction of Water Facilities Under Private Contract - Mandarina Offsite Sewer," recorded in the office of the Recorder of Pima County, Arizona, on February 5, 2021, at Sequence No. 20210360146; and WHEREAS the Town anticipates accepting the water and sewer infrastructure construction work in the near future; and WHEREAS the developer of Mandarina is now satisfied with the actual cost of the work and does not anticipate the cost will change even though the work has not yet been fully accepted by the Town; and WHEREAS the developer has submitted to the Town a revised equivalent demand unit (EDU) count for the development; and WHEREAS the actual cost of the water infrastructure construction work pursuant to the Mandarina Water Agreement was higher than contemplated when the Mandarina Water Agreement was entered into, and the actual cost of the sewer infrastructure construction work pursuant to the Mandarina Sewer Agreement was lower than the contemplated when the Mandarina Sewer Agreement was entered into; and WHEREAS Town staff has negotiated reconciliation agreements for construction of water facilities under private contract for the Mandarina offsite water and sewer infrastructure to increase the oversizing recovery charge payable pursuant to the terms of the Mandarina Water Agreement and to decrease the oversizing recovery charge payable pursuant to the terms of the Mandarina Sewer Agreement to reflect the actual cost of the water and sewer infrastructure construction work and the revised EDU count, and -1- Resolution No. 2024-030 Marana Town Council Regular Meeting Agenda Packet Page 74 of 103 April 2, 2024 WHEREAS the Mayor and Council find that entering into the reconciliation agreements is in the best interests of the Town and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: the Town of Marana Reconciliation Agreement for Construction of Water Facilities Under Private Contract - Mandarina Offsite Water and the Town of Marana Reconciliation Agreement for Construction of Sewer Facilities Under Private Contract - Mandarina Offsite Sewer, substantially in the same form attached to and incorporated by this reference in this resolution as Exhibits A and B, respectively, are hereby approved, the Mayor is hereby authorized and directed to sign them for and on behalf of the Town of Marana, and the Towri s Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the agreements. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 2nd day of April, 2024. ATTEST: David L. Udall, Town Clerk Mayor Ed Honea APPROVED AS TO FORM: Jane Fairall, Town Attorney -2- Resolution No. 2024-030 Marana Town Council Regular Meeting Agenda Packet Page 75 of 103 April 2, 2024 Exhibit A to Marana Resolution No. 2024-030 TOWN OF MARANA RECONCILIATION AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE CONTRACT Mandarina Offsite Water THIS RECONCILIATION AGREEMENT (this "Reconciliation Agreement") is entered into by and between the TowN of MARANA, an Arizona municipal corporation (the "Town"), and MANDARINA HOLDINGS, LLC, an Arizona limited liability company (the "Developer"). The Town and the Devel- oper are sometimes collectively referred to as the "Parties," each of which is sometimes individually referred to as a "Parry." RECITALS A. The Parties entered into an agreement entitled "Town of Marana Agreement for Con- struction of Water Facilities under Private Contract — Mandarina Offsite Water," recorded in the office of the Recorder of Pima County, Arizona, on February 5, 2021, at Sequence No. 20210360145 (the "Mandarina Water Agreement"). B. Among other things, pursuant to Marana Town Code section 14-4-3 (C), paragraph 1.8 of the Mandarina Water Agreement established an "oversizing recovery charge" of $499.50 per equivalent demand unit ("EDU") based on the Developer's then -anticipated costs of the "Work," as that term is defined in paragraph 1.1 of the Mandarina Water Agreement, and based on the anticipated EDU count. C. As set forth in Recital H of the Mandarina Water Agreement, the anticipated cost of the Work at that time was $1,363,643.00. D. Pursuant to paragraph 1.8 of the Mandarina Water Agreement, the number of antici- pated EDU connections on the "Subject Property," as that term is defined in Recital B of the Man- darina Water Agreement, to the "Developer -Installed Facility," as defined in paragraph 1.1 of the Mandarina Water Agreement, was at that time 2,005 EDUs. Also pursuant to paragraph 1.8, the Parties determined that the Developer -Installed Facility would have "sufficient capacity to serve an additional 725 EDUs as a result of and upon completion of the Work and after connection to" the 2,005 EDUs on the Subject Property. E. Paragraph 1.8.6 of the Mandarina Water Agreement states that final construction quan- tities and amounts will be provided after construction of the Developer -Installed Facility is com- pleted; and paragraph 1.8.5 provides that if "the actual pipe capacity and/or the actual number of lots and size of meters used to develop the Subject Property results in a different EDU count, the number of EDUs required to pay the oversizing recovery charge" shall be adjusted and the over - sizing recovery charge shall be re -calculated accordingly. -1- 2/1/2024 Marana Town Council Regular Meeting Agenda Packet Page 76 of 103 April 2, 2024 Exhibit A to Marana Resolution No. 2024-030 F. The Town anticipates formally accepting the Work in the near future. The Developer is now satisfied with the actual cost of the Work and does not anticipate the actual cost of the Work will change even though the Work has not yet been formally accepted by the Town. G. The Developer has also submitted to the Town a revised EDU count for the Subject Property consisting of EDUs now currently planned for the development. H. The Parties at this time desire to reconcile the oversizing recovery charge payable to the Developer pursuant to the terms of the Mandarina Water Agreement to reflect the actual cost of the Work and the revised EDU count. AGREEMENT Now, THEREFORE, in consideration of the foregoing premises and the mutual covenants set forth in the Mandarina Water Agreement and in this Reconciliation Agreement, the Parties hereby agree as follows: 1. Amendment of oversizing recovery charge. The Parties agree and acknowledge that the De- veloper's actual cost of completing the Work was $1,423,575.00 and that the EDU count for the Subject Property now consists of 1,924 EDUs. As a result, the number of additional EDUs that can reasonably be served by the oversized facility has increased to 806 EDUs. Accordingly, pur- suant to Marana Town Code section 14-4-3 (C), the oversizing recovery charge established under paragraph 1.8 of the Mandarina Water Agreement is hereby modified and increased to $521.46 per EDU for connections whose capacity is made possible as a result of the Work. 2. No further amendments to the oversizing recovery charge. In light of Recitals F and G, the Parties hereby agree that that no further amendments to the Mandarina Water Agreement shall be made related to the actual cost of the Work or to the oversizing recovery charge amount. 3. Confirmation of remaining terms of the Mandarina Water Agreement. Except as expressly modified by this Reconciliation Agreement, all other provisions and limitations set forth in the Mandarina Water Agreement, including without limitation those pertaining to the oversizing re- covery charge, remain in place and are unchanged by this Reconciliation Agreement. 4. Cancellation for conflict of interest. This Reconciliation Agreement is subject to A.R.S. § 38-511, which provides for cancellation in certain instances involving conflict of interest. [Signature Page Follows.] -2- 2/1/2024 Marana Town Council Regular Meeting Agenda Packet Page 77 of 103 April 2, 2024 Exhibit A to Marana Resolution No. 2024-030 IN WITNESS WHEREOF, the Parties have executed this Reconciliation Agreement as of the last date set forth below their respective signatures. THE "TOWN": TOWN OF MARANA, an Arizona municipal corporation By: Ed Honea, Mayor Date: ATTEST: David L. Udall, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney State of Arizona 1 The "Developer": MANDARINA HOLDINGS, LLC, an Arizona limited liability company By: KDL INVESTMENTS, LLC, an Arizona limited liability company, its sole '0 ark �90 - - ss County of I The foregoing instrument was acknowledged before me on 02-1l J—/ �-02y by Karl N. Huish, the Manager of KDL INVESTMENTS, LLC, an Arizona limited liability company, the sole Member of MANDARINA HOLDINGS, LLC, an Arizona limited liability company, on behalf of MAN- DARINA HOLDINGS, LLC. (Seal) ., MEGAN LANDOWSKI Notary Public Commission Number 653978 Notary Public Expiras: July 30, 2027 ' Mwioova County am Marana Town Council Regular Meeting Agenda Packet April 2, 2024 2/1/2024 Page 78 of 103 Exhibit B to Marana Resolution No. 2024-030 TOWN OF MARANA RECONCILIATION AGREEMENT FOR CONSTRUCTION OF SEWER FACILITIES UNDER PRIVATE CONTRACT Mandarina Mite Sewer THIS RECONCILIATION AGREEMENT (this "Reconciliation Agreement") is entered into by and between the TowN OF MARANA, an Arizona municipal corporation (the "Town"), and MANDARINA HOLDINGS, LLC, an Arizona limited liability company (the "Developer"). The Town and the Devel- oper are sometimes collectively referred to as the "Parties," each of which is sometimes individually referred to as a "Party." RECITALS A. The Parties entered into an agreement entitled "Town of Marana Agreement for Con- struction of Sewer Facilities under Private Contract — Mandarina Offsite Sewer," recorded in the office of the Recorder of Pima County, Arizona, on February 5, 2021, at Sequence No. 20210360146 (the "Mandarina Sewer Agreement"). B. Among other things, pursuant to Marana Town Code section 14-4-3 (C), paragraph 1.8 of the Mandarina Sewer Agreement established an "oversizing recovery charge" of $416.89 per equivalent demand unit ("EDU") based on the Developer's then -anticipated costs of the "Work," as that term is defined in paragraph 1.1 of the Mandarina Sewer Agreement, and based on the then - anticipated EDU count. C. As set forth in Recital H of the Mandarina Sewer Agreement, the anticipated cost of the Work at that time was $2,054,036.00. D. Pursuant to paragraph 1.8 of the Mandarina Sewer Agreement, the number of antici- pated EDU connections on the "Subject Property," as that term is defined in Recital B of the Man- darina Sewer Agreement, to the "Developer -Installed Facility," as defined in paragraph 1.1 of the Mandarina Sewer Agreement, was at that time 2,005 EDUs. Also pursuant to paragraph 1.8, the Parties determined that the Developer -Installed Facility would have "sufficient capacity to serve an additional 2,922 EDUs as a result of and upon completion of the Work and after connection to" the 2,005 EDUs on the Subject Property. E. Paragraph 1.8.6 of the Mandarina Sewer Agreement states that final construction quan- tities and amounts will be provided after construction of the Developer -Installed Facility is com- pleted; and paragraph 1.8.5 provides that if "the actual number of lots and size of meters used to develop the Subject Property results in a different EDU count, the number of EDUs required to pay the oversizing recovery charge" shall be adjusted and the oversizing recovery charge shall be re -calculated accordingly. -1- 2/t /2024 Marana Town Council Regular Meeting Agenda Packet Page 79 of 103 April 2, 2024 Exhibit B to Marana Resolution No. 2024-030 F. The Town anticipates formally accepting the Work in the near future. The Developer is now satisfied with the actual cost of the Work and does not anticipate the actual cost of the Work will change even though the Work has not yet been formally accepted by the Town. G. The Developer has also submitted to the Town a revised EDU count for the Subject Property consisting of EDUs now currently planned for the development. H. The Parties at this time desire to reconcile the oversizing recovery charge payable to the Developer pursuant to the terms of the Mandarina Sewer Agreement to reflect the actual cost of the Work and the revised EDU count. AGREEMENT Now, THEREFORE, in consideration of the foregoing premises and the mutual covenants set forth in the Mandarina Sewer Agreement and in this Reconciliation Agreement, the Parties hereby agree as follows: 1. Amendment of oversizing recovery charge. The Parties agree and acknowledge that the De- veloper's actual cost of completing the Work was $1,630,676.45 and that the EDU count for the Subject Property now consists of 1,924 EDUs. As a result, the number of additional EDUs that can reasonably be served by the oversized facility has increased to 3,003 EDUs. Accordingly, pursuant to Marana Town Code section 14-4-3 (C), the oversizing recovery charge established under paragraph 1.8 of the Mandarina Sewer Agreement is hereby modified and decreased to $330.97 per EDU for connections whose capacity is made possible as a result of the Work. 2. No further amendments to the oversizing recovery charge. In light of Recitals F and G, the Parties hereby agree that that no further amendments to the Mandarina Sewer Agreement shall be made related to the actual cost of the Work or to the oversizing recovery charge amount. 3. Confirmation of remaining terms of the Mandarina Sewer Agreement. Except as expressly modified by this Reconciliation Agreement, all other provisions and limitations set forth in the Mandarina Sewer Agreement, including without limitation those pertaining to the oversizing re- covery charge, remain in place and are unchanged by this Reconciliation Agreement. 4. Cancellation for conflict of interest. This Reconciliation Agreement is subject to A.R.S. § 38-511, which provides for cancellation in certain instances involving conflict of interest. [Signature Page Follows.] -2- 2/1/2024 Marana Town Council Regular Meeting Agenda Packet Page 80 of 103 April 2, 2024 Exhibit B to Marana Resolution No. 2024-030 IN WITNESS WHEREOF, the Parties have executed this Reconciliation Agreement as of the last date set forth below their respective signatures. THE "TOWN": TOWN OF MARANA, an Arizona municipal corporation By: Ed Honea, Mayor Date: ATTEST: David L. Udall, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney State of Arizona ) The "Developer": MANDARINA HOLDINGS, LLC, an Arizona limited liability company By: KDL INVESTMENTS, LLC, an Arizona limited liability company, its sole Member /1 ss County of MAricofo) The foregoing instrument was acknowledged before me on 62 l5 /2o241 by Karl N. Huish, the Manager of KDL INVESTMENTS, LLC, an Arizona limited liability company, the sole Member of MANDARINA HOLDINGS, LLC, an Arizona limited liability company, on behalf of MAN- DARINA HOLDINGS, LLC. (Seal) MEGAN LANDOWSKI y _ 1 Notary Public �1� r" �, ;� % �, Commission Number 653978 Notary Public . - ;� Expires: July 30, 2027 +y% Maricopa County -3- Marana Town Council Regular Meeting Agenda Packet April 2, 2024 2/1/2024 Page 81 of 103 MARANA AZ WATER February 27, 2024 Via First Class Mail [Name Company Name (if applicable) Address Address] Notice of Protected Facility Oversizing Recovery Charge Increase and of the April 2, 2024, Town Council Meeting (Mandarins Mite Water) Dear Property Owner: You are listed on public records as being an owner of property located in the land area identified on the enclosed notification area map entitled "Mandarina Protected Facilities Agreement - Water." The designated properties are properties that could potentially be served by the Mandarina protected water facility, which has now been constructed. As stated in our January 13, 2021, letter titled, "Notice of Protected Facility and Associated Charge (Mandarina Water Main)," the Town adopted Marana Resolution No. 2021-01 1 on February 2, 2021, authorizing an agreement with Mandarina Holdings, LLC for the construction of offsite water infrastructure, including water facilities oversized to serve future development beyond Mandarina. To ensure fair -share reimbursement by property owners who use and benefit from the oversized infrastructure, the agreement established an oversizing recovery charge of $499.50 per single family residence (or equivalent demand unit; hereinafter, "EDU"). This oversizing recovery charge is in addition to all other charges and fees associated with the development of the property and is payable concurrently with a new water connection served by the protected facility. The oversizing recovery charge for the protected water facility was established based on the cost and capacity of the facility and is detailed in the table entitled "Mandarina Protected Water Facility Charge Calculation" that was included in our January 13, 2021, letter. This protected facility designation and charge are governed by sections 14-4-4 and 14-4-5 of the Marana Town Code. The oversizing recovery charge was calculated based on estimated construction costs and the number of EDUs contemplated for the Mandarina 11555 W. Civic Center Dr. / MARANA, ARIZONA 85653/ (520) 382-2500 / MaranaAZ.gov Marana Town Council Regular Meeting Agenda Packet Page 82 of 103 April 2, 2024 ,,� [Name MAMNA A 7 Company Name (if applicable)] February 27, 2024 Page 2 development, totaling $1,363,643.00 and 2,005 EDUs, respectively. Construction of the protected facility is now complete, and the actual cost of construction ended up totaling $1,423,575.00. Additionally, Mandarina Holdings is now planning for 1,924 EDUs to be constructed as part of the Mandarina Development. As a result, it has become necessary to amend the agreement with Mandarina Holdings for the purpose of increasing the oversizing recovery charge from $499.50 per EDU to $521.46 per EDU to account for the actual cost of construction and the change in the number of EDUs planned for the Mandarina development. The table below details the calculations supporting the change. Originally Planned Currently Planned Total cost of construction $1,363,643.00 $1,423,575.00 (estimated) (actual) Total capacity of facility 2,730 EDUs 2,730 EDUs Capacity used by the properties 2,005 EDUs 1,924 EDUs developed by Mandarina Holdings, LLC Excess capacity 725 806 Cost for using the facility (the $499.50 per EDU $521.46 per EDU oversizing recovery charge) Total potential amount $362,140.00 $420,294.00 reimbursable to Mandarina Holdings, LLC The Town of Marana hereby gives notice that the Marana Town Council is scheduled to consider the adoption of a resolution authorizing an agreement between the Town and Mandarina Holdings, LLC that amends the original agreement between the parties to increase the oversizing recovery charge as described above. The meeting is scheduled to take place on April 2, 2024, at or after 6:00 p.m. in the Council Chambers at the Marana Municipal Complex, 11555 West Civic Center Drive, Marana, Arizona 85653. Please contact me at (520) 382-2560 or jluo@maranaaz.gov or Assistant Town Attorney David Udall at (520) 382-3492 or dudall@maranaaz.gov if you would like to speak to one of us directly about any questions or concerns. Sincerely, Jing Luo, Water Director Town of Marana 11555 W. Civic Center Dr. / MARANA, ARIZONA 85653/ (520) 382-2500 / MaranaAZ.gov Marana Town Council Regular Meeting Agenda Packet Page 83 of 103 April 2, 2024 p� [Name Company Name (if applicable)] February 27, 2024 Page 3 Enclosures: Mandarina Protected Facilities Agreement - Water notification area map 11555 W. Civic Center Dr. / MARANA, ARIZONA 85653/ (520) 382-2500 / MaranaAZ.gov Marana Town Council Regular Meeting Agenda Packet Page 84 of 103 April 2, 2024 West Im Noyd- V � IN ti�,♦ 1 1 � F Ma n d a ri n a Protected ® Potentially Affected Properties MARANA Fa �' I'tiMAgKi F�eg4,tr-IVTeeting Agenda Packet e 85 of 103 il z, 2024 Marana Parc��$ Wat& MARANA AZ WATER February 27, 2024 Via First Class Mail [Name Company Name (if applicable) Address Address] Notice of Protected Facility Oversizing Recovery Charge Decrease and of the April 2, 2024, Town Council Meeting (Mandarina Offsite Sewer) Dear Property Owner: You are listed on public records as being an owner of property located in the land area identified on the enclosed notification area map entitled "Mandarina Protected Facilities Agreement (Sewer)." The designated properties are properties that could potentially be served by the Mandarina protected sewer facility, which has now been constructed. As stated in our January 13, 2021, letter titled, "Notice of Protected Facility and Associated Charge (Mandarina Sewer Facility)," the Town adopted Marana Resolution No. 2021-01 1 on February 2, 2021, authorizing an agreement with Mandarina Holdings, LLC for the construction of offsite sewer infrastructure, including sewer facilities oversized to serve future development beyond Mandarina. To ensure fair -share reimbursement by property owners who use and benefit from the oversized infrastructure, the agreement established an oversizing recovery charge of $416.89 per single family residence (or equivalent demand unit; hereinafter, "EDU"). This oversizing recovery charge is in addition to all other charges and fees associated with the development of the property and is payable concurrently with a new connection served by the protected facility. The oversizing recovery charge for the protected sewer facility was established based on the cost and capacity of the facility and is detailed in the table entitled "Mandarina Protected Sewer Facility Charge Calculation" that was included in our January 13, 2021, letter. This protected facility designation and charge are governed by sections 14-4-4 and 14-4-5 of the Marana Town Code. The oversizing recovery charge was calculated based on estimated construction costs and the number of EDUs contemplated for the Mandarina 11555 W. Civic Center Dr. / MARANA, ARIZONA 85653/ (520) 382-2500 / MaranaAZ.gov Marana Town Council Regular Meeting Agenda Packet Page 86 of 103 April 2, 2024 ,,� [Name MAMNA A 7 Company Name (if applicable)] February 27, 2024 Page 2 development, totaling $2,054,036.00 and 2,005 EDUs, respectively. Construction of the protected facility is now complete, and the actual cost of construction ended up totaling $1,630,676.45. Additionally, Mandarina Holdings is now planning for 1,924 EDUs to be constructed as part of the Mandarina Development. As a result, it has become necessary to amend the agreement with Mandarina Holdings for the purpose of decreasing the oversizing recovery charge from $416.89 per EDU to $330.97 per EDU to account for the actual cost of construction and the change in the number of EDUs planned for the Mandarina development. The table below details the calculations supporting the change. Originally Planned Currently Planned Total cost of construction $2,054,036.00 $1,630,676.45 (estimated) (actual) Total capacity of facility 4,927 EDUs 4,927 EDUs Capacity used by the properties 2,005 EDUs 1,924 EDUs developed by Mandarina Holdings, LLC Excess capacity 2,922 3,003 Cost for using the facility (the $416.89 per EDU $330.97 per EDU oversizing recovery charge) Total potential amount $1,218,164.00 $993,895.00 reimbursable to Mandarina Holdings, LLC The Town of Marana hereby gives notice that the Marana Town Council is scheduled to consider the adoption of a resolution authorizing an agreement between the Town and Mandarina Holdings, LLC that amends the original agreement between the parties to decrease the oversizing recovery charge as described above. The meeting is scheduled to take place on April 2, 2024, at or after 6:00 p.m. in the Council Chambers at the Marana Municipal Complex, 11555 West Civic Center Drive, Marana, Arizona 85653. Please contact me at (520) 382-2560 or jluo@maranaaz.gov or Assistant Town Attorney David Udall at (520) 382-3492 or dudall@maranaaz.gov if you would like to speak to one of us directly about any questions or concerns. Sincerely, Jing Luo, Water Director Town of Marana 11555 W. Civic Center Dr. / MARANA, ARIZONA 85653/ (520) 382-2500 / MaranaAZ.gov Marana Town Council Regular Meeting Agenda Packet Page 87 of 103 April 2, 2024 p� [Name Company Name (if applicable)] February 27, 2024 Page 3 Enclosures: Mandarina Protected Facilities Agreement (Sewer) notification area map 11555 W. Civic Center Dr. / MARANA, ARIZONA 85653/ (520) 382-2500 / MaranaAZ.gov Marana Town Council Regular Meeting Agenda Packet Page 88 of 103 April 2, 2024 GABRIELLA CAZARES-KELLY, RECORDER Recorded By: EYC DEPUTY RECORDER 5013 SMARA TOWN OF MARANA PICKUP �� • , SEQUENCE: 20210360145 s.. y NO. PAGES: 7 � 4 AMP 02/05/2021 RIzo�Q' 10 : 07 : 07 TOWN OF MARANA AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE CONTRACT Mandarina Offsite Water THIS AGREEMENT (this "Agreement") is entered into by and between the TOWN OF MARANA, an Arizona municipal corporation (the "Town"), and MANDARINA HOLDINGS, LLC, an Arizona limited liability company (the "Developer"). The Town and the Developer are sometimes collectively referred to as the "Parties," each of which is sometimes individually referred to as a "Party." RECITALS A. This Agreement is entered into and authorized pursuant to Title 14 of the Marana Town Code as it may be amended from time to time ("Marana Town Code Title 14"). B. The Developer desires for the Town to provide water service to the land described and depicted in the Mandarina Specific Plan, adopted by Marana Ordinance No. 2009.02, recorded in the Pima County Recorder's office at Docket 13499, Page 8 (Sequence 20090340005), and amended by an administrative amendment dated October 30, 201.9, whose land area is referred to in this Agreement as the "Subject Property." C. The Developer is the owner of the "Subject Property." D. As a condition of securing water service from the Town for the Subject Property, the Developer agrees to install those certain water infrastructure improvements (the "Developer - Installed Facility") in accordance with the required plans, specifications, and materials as outlined and depicted in the Water Plan for Mandarina Offsite Public 1.6" Water, Zone X' Transmission Main, Plan No. ENG �A - c 3 sealed by 1247o-+ on &�j + (c,,, zc2& and approved by the Town of Marana Water Director on t 1 9z_ (the "Facility Plan"), which is on file in the office of the Town of Mar na Water Department. E. The Parties are also parties to the "Mandarina Development Agreement," recorded in the Pima County Recorder's office on December 4, 2020 at Sequence 2020 03390091 and approved by Marana Resolution No. 2020-130, adopted by the Marana Town Council on December 1, 2020. F. The Mandarina Development Agreement governs development of the Subject Property and anticipates the Developer's installation of the Developer -Installed Facility, which is referred to in the Mandarina Development Agreement as the "Offsite 16-Inch Potable Water Main." G. If constructed as designed, the Developer -Installed Facility will include elements and capacity sufficient to serve other new Town customers, and to that extent the Parties wish to provide for partial reimbursement to the Developer in accordance with Marana Town Code section 14-4-3 (capacity requirements). H. If constructed as designed, the current total estimated construction cost for the Developer -Installed Facility is $1,363,643. 00074000.DOCX /11 Marana Town Council Regular Meeting Agenda Packet Page 90 of 103 April 2, 2024 1. Based on the water modeling for the development of the Subject Property, and assuming 2,000 gallons per minute of capacity is set aside for fire flow, the Town concludes that the Developer -Installed Facility will have total capacity for 2,730 EDUs. The Parties currently assume that 2,005 EDUs will be developed on the Subject Property, which would leave excess capacity in the Developer -Installed Facility of 725 EDUs. J. The Developer desires that the Town take ownership of, operate, and service the Developer -Installed Facility. K. The Town is willing to accept the Developer -Installed Facility and permit it to be connected to the Town water system provided it meets Town standards and the work is done in accordance with Town requirements. AGREEMENT NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants set forth in this Agreement, the Parties hereby agree as follows: 1. The Developer -Installed Facility 1.1. Developer installation of the Developer Installed Facility. The Developer has designed and shall install, at the Developer's own expense (subject to the reimbursement provisions of this Agreement and the Mandarina Development Agreement), the water infra- structure improvements as depicted in the Facility Plan. The water infrastructure improvements depicted on the Facility Plan are referred to in this Agreement as the "Developer -Installed Facility," and shall conform to the design standards of the City of Tucson Water Department and the Town of Marana Town Code Title 14 and special specifications and details as approved by the Town and by this reference made a part of this Agreement. The Facility Plan shall include a plan note identifying the Developer -In -stalled Facility as a new water facility and shall show any and all alterations to the existing water system. Construction and installation of the Developer -Installed Facility in accordance with the Facility Plan, including without limitation all labor, materials, equipment, supplies, and tools required for the construction and installation, is referred to in this Agreement as the "Work." 1.2. Competitive bias. As a condition of and prerequisite to receiving any reimbursement under this Agreement, the Developer shall go through the competitive bidding process for the Work in compliance with Title 34 of the Arizona Revised Statutes. 1.3. Work by licensed contractor. The Work shall be performed by a contractor properly licensed by the State of Arizona as determined by the Arizona Registrar of Contractors. In addition to any other contractor's license classifications required by the Arizona Registrar of Contractors, the contractor shall hold contractor's license classifications A, A-12 and A-16. 1.4. Payment of'connection fees. Before any service connections are made from the Town's water system to the Developer -Installed Facility, the person or entity seeking the service connection shall pay to the Town the connection fees and any other fees required by Marana Town Code Title 14. 1.5. Developer Installed Facility acceptance by Town. No service connections shall be made from the Town's water system to the Applicant -Installed Facility until the Applicant - Installed Facility has been accepted by the Town in accordance with Marana Town Code Title 00074000.Docx /12 Marana Town Council Regular Meeting Agenda Packet Page 91 of 103 April 2, 2024 14. 1.6. Developer's certification. Execution of this Agreement certifies that the Developer has reviewed the Facility Plan and all other specifications applicable to the Work and has approved and agrees with the location of all service lines. 1.7. Termination for- lack of Work. Approval of the Facility Plan shall lapse and this Agreement shall terminate if more than one year has passed since the date of this Agreement and the Work has not begun, or if the Work is discontinued for a period of one year. 1.8. Oversizing Recovery Charge. The Parties have determined that the Developer- In- stalled Facility will have sufficient capacity to serve an additional 725 EDUs as a result of and upon completion of the Work and after connection of 2,005 EDUs on the Subject Property. Consequently, pursuant to Marana Town Code section 14-4-3 (C), the Town hereby establishes an "oversizing recovery charge" of $499.50 per EDU for connections whose capacity is made possible as a result of the Work. For purposes of this paragraph, all of the following apply: 1.8.1. The oversizing recovery charge shall be payable only until the Developer- Installed Facility reaches its design capacity, currently anticipated to be for an additional 725 EDUs made possible as a result of the Work or until the termination. of the Mandarina Development Agreement, whichever occurs first. Based on the oversizing recovery charge of $499.50 per EDU, the Parties' current estimate of the Developer's total potential reimbursement from the Town from oversizing recovery charges under this Agreement is $362,137.50. 1.8.2. The Town will deposit the oversizing recovery charge payments for con- structed EDUs benefitted by the Developer -Installed Facility in the "Reimbursement Account" established pursuant to the Mandarina Development Agreement and will reimburse the Developer in accordance with the "Reimbursement Payments" provision of the Mandarina Development Agreement. 1.8.3. The Developer shall have a beneficial ownership interest in the service area for the Developer -Installed Facility sufficient to prohibit connection in that area unless and until the oversizing recovery charge is paid. 1.8.4. One EDU is a typical single-family residence served by a five -eighths inch meter. EDU equivalencies for other uses and meter sizes shall be based on standard Town equivalency tables and calculations. 1..8.5. The number of EDUs subject to the oversizing recovery charge has been calculated based on a calculated 16" pipe capacity and assuming the development of 2005 lots on the Subject Property served by five -eighths inch meters. If the actual pipe capacity and/or the actual number of lots and size of meters used to develop the Subject Property results in a different EDU count, the number of EDUs required to pay the oversizing recovery charge shall be adjusted accordingly, based on standard Town equivalency tables and calculations, and the "oversizing recovery charge" set forth in subparagraph 1.8.1 above shall be re -calculated accordingly. 1.8.6. The Parties acknowledge that final construction quantities and amounts will be provided after construction of the Developer Installed -Facility is completed. 1.8.7. The Town makes no guarantee that the Developer will receive full 00074000.Docx /13 Marana Town Council Regular Meeting Agenda Packet Page 92 of 103 April 2, 2024 reimbursement of the Developer's cost of completing the Work. 2. Engineering and Inspection 2.1. Registered civil engineer. The Developer shall employ a registered Civil Engineer to design, lay out, establish control lines for and certify the layout of the Work according to the Facility Plan. 2.2. Town inspector's authority. Any inspector authorized by the Town shall have full inspection authority over the Work. 2.3. Inspection provisions. The Developer shall furnish the Town's inspector with all facilities reasonably necessary to inspect the Work. The Work shall be subject to Town inspection at all times. Defective work shall be corrected in a manner satisfactory to the Town's inspector. Inspection by the Town is for the purpose of ensuring compliance with plans and specifications only. The Town makes no guarantee as to the safety or engineering soundness of plans prepared by the Developer or any contractor. 2.4. Payment of Town inspector's overtime cost. If scheduling by the Developer's contractor reasonably requires the Town's inspector to work overtime, the Developer or Developer's contractor shall pay the Town for any additional salaries, expenses or employee benefits relating to the overtime. For purposes of this paragraph, overtime is any time over 40 hours worked in a seven-day work period, any time over eight hours worked Monday through Friday, and any time worked on weekends and legal holidays observed by the Town. 3. Preconstruction Procedure 3.1. Request to begin construction. The Developer shall submit a written request to begin construction to the Town five working days before the Work is to commence. 3.2. Construction permit. This Agreement shall be completed, signed and notarized, and returned to the Town prior to issuance of a construction permit for the Work. 3.3. Start and completion of the Work. No portion of the Work shall begin until the Town has issued a construction permit specifying the starting date and a reasonable time for completion. 3.4. Progress of the Work. The Work shall be commenced and carried on at such points and in such order as may be directed by the Town. 3.5. Materials sampling and testing, testing by the Town prior to being used in specification shall be removed from the site. Materials shall be available for sampling and the Work. Materials that fail to meet Town 3.6. Permits and approvals. The Developer shall, at Developer's expense, obtain all necessary permits and licenses for the Work, pay all fees and comply with all laws, ordinances and regulations relating to the Work. Town permit fees for the Work are waived pursuant to the Mandarina Development Agreement. 4. Construction 4.1. Developer's presence on site. The Developer, or Developer's designated agent, shall be present at all times during performance of the Work. The name of the Developer's designated agent and the contractor performing the Work shall be furnished to the Town before 00074000.Docx /14 Marana Town Council Regular Meeting Agenda Packet Page 93 of 103 April 2, 2024 the Work begins. Instructions given by the Town to the designated agent shall be deemed to have been given to the Developer. 4.2. Competence and diligence. The Developer shall employ only competent and efficient laborers, mechanics or artisans on the Work, and the Developer agrees to perform diligently to complete the Work on or before the completion date given in the notice to proceed. 4.3. Paving. The Applicant shall identify and locate all water valves prior to paving and set valve boxes to final grade after paving. 4.4. Alterations to the existing Town water system. The Developer shall, at Developer's expense, make any and all alterations to the existing water system either on -site or off -site necessitated by paving, drainage, or other improvements caused by the development of the Subject Property. 4.5. Worksite safety. The Developer shall require all contractors and subcontractors performing any portion of the Work to comply with all safety requirements of the Occupational Safety and Hazards Act as set forth by the Federal Government and as implemented by the State of Arizona. The Developer or its contractors shall be solely responsible for all fines or other penalties provided for by law for any violations of the Occupational Safety Hazards Act. 5. Dedication 5.1. Transfer of the Developer Installed Facility to the Town. Upon the Town's final acceptance of the Work, the Developer shall at no cost grant, bargain, sell, convey, transfer and deliver to the Town the Developer -Installed Facility free and clear of all liens, claims, charges or encumbrances. 5.2. One-year warranty. The Developer guarantees the Work to be free from all failures due to poor workmanship or materials for a period of one year from the date of the Town's final acceptance of the Work. 5.3. Other conflicting construction prohibited. The Developer shall not construct or allow the construction of any utility, structure, building, or other improvement that would interfere with the operation or maintenance of the Developer -Installed Facility. 5.4. Developer's obligation to maintain finished grade. The Developer guarantees that all service lines, meters, and meter boxes on the Subject Property will be to finished grade and that the Developer will remain responsible for raising or lowering said services as required until the Subject Property is fully developed. 5.5. Acceptance by the Town. The Town shall accept title to and take possession of the Developer -Installed Facility when the Work has been completed to the satisfaction of the Town. Subject to the Developer's continuing obligations under this Agreement, the Town shall operate and service the Developer -Installed Facility after taking over possession of it under this paragraph. 6. Miscellaneous 6.1. Indemnity. Developer shall indemnify, defend, and hold harmless the Town, its Mayor and Council, officers and employees, boards, committees and commissions from and against any loss, claim, suit, demand, cause of action, or liability of any nature, including but 00074000.DOCx /15 Marana Town Council Regular Meeting Agenda Packet Page 94 of 103 April 2, 2024 not limited to damage to property and injuries to persons, including death, arising or alleged to have arisen, in whole or in part, out of any negligent act or omission of the Developer or any contractor, subcontractor, or any person employed directly or indirectly by any of them in the performance of the Work or in the operation of the Developer -Installed Facility. 6.2. Binding effect: This agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the Parties. 6.3. Consent required for assignment. The Developer may not assign this Agreement without the prior written consent of the Town. 6.4. Cancellation for conflict of'interest. This Agreement is subject to A.R.S. § 38- 511, which provides for cancellation in certain instances involving conflict of interest. [Signature page follows.] 0oo74o00.Doo(/16 Marana Town Council Regular Meeting Agenda Packet Page 95 of 103 April 2, 2024 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date set forth below their respective signatures. THE "TOWN": TOWN OF MARANA, an Arizona munici a corporation By: W Ed Honea, Mayor Date: ATTE ff Cherry L. Lavy4oh, Town Clerk APPROVED —AS TO FO Jane Faifall, T STATE OF ARIZONA ) )ss County of Maricopa ) THE "DEVELOPER": MANDARINA HOLDINGS, Ll an AVizMa limite4liability com wo Date: 2 Z Z The foregoing instrument was acknowledged before me on January ?§ 2021 by Karl N. Huish, the Manager of MANDARINA HOLDINGS, LLC, an Arizona limited liability company (the "Developer"), on its behalf. (Seal) HANNAH JUNE MARTIN y Notary Public Commission Number 58M Expires: June 6, 2024 Maricopa County =�rwJ1 L ' "/• 00074000.DOCX /17 Marana Town Council Regular Meeting Agenda Packet Page 96 of 103 April 2, 2024 GABRIELLA CAZARES-KELLY, RECORDER Recorded By: EYC DEPUTY RECORDER 5013 SMARA TOWN OF MARANA PICKUP OFp�7�`9�o IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII II SEQUENCE: 20210360146 NO. PAGES: 7 q � R IZo p, 02/05/2021 � 10:07:07 TOWN OF MARANA AGREEMENT FOR CONSTRUCTION OF SEWER FACILITIES UNDER PRIVATE CONTRACT Mandarina Offsite Sewer THIS AGREEMENT (this "Agreement") is entered into by and between the TOWN OF MARANA, an Arizona municipal corporation (the "Town"), and MANDARINA HOLDINGS, LLC, an Arizona limited liability company (the "Developer"). The Town and the Developer are sometimes collectively referred to as the "Parties," each of which is sometimes individually referred to as a "Party." RECITALS A. This Agreement is entered into and authorized pursuant to Title 14 of the Marana Town Code as it may be amended from time to time ("Marana Town Code Title 14"). B. The Developer desires for the Town to provide sewer service to the land described and depicted in the Mandarina Specific Plan, adopted by Marana Ordinance No. 2009.02, recorded in the Pima County Recorder's office at Docket 13499, Page 8 (Sequence 20090340005), and amended by an administrative amendment dated October 30, 2019, whose land area is referred to in this Agreement as the "Subject Property." C. The Developer is the owner of the "Subject Property." D. As a condition of securing sewer service from the Town for the Subject Property, the Developer agrees to install those certain sewer infrastructure improvements (the "Developer - Installed Facility") in accordance with the required plans, specifications, and materials as outlined and depicted in the Plan for Mandarina Offsite Public 15" Sewer, Plan No. ENG Zz 7_- w sealed by t ,f + ian n>1rs on .A, .wus'f (z, Lau and approved by the Town of Marana Water Director onK�+I I # '.Ow (the "Facility Plan"), which is on file in the office of the Town of Marana Water Department. E. The Parties are also parties to the "Mandarina Development Agreement," recorded in the Pima County Recorder's office on December 4, 2020 at Sequence 202003390091 approved by Marana Resolution No. 2020-130, adopted by the Marana Town Council on December 1, 2020. F. The Mandarina Development Agreement governs development of the Subject Property and anticipates the Developer's installation of the Developer -Installed Facility, which is referred to in the Mandarina Development Agreement as the "Offsite 15-Inch Sewer." G. If constructed as designed, the Developer -Installed Facility will include elements and capacity sufficient to serve other new Town customers, and to that extent the Parties wish to provide for partial reimbursement to the Developer in accordance with Marana Town Code section 14-4-3 (capacity requirements). 00073999.DOCX /11 Marana Town Council Regular Meeting Agenda Packet Page 97 of 103 April 2, 2024 H. If constructed as designed, the current total estimated construction cost for the Developer -Installed Facility is $2,054,036. I. The Developer -Installed Facility has capacity for 4,927 EDUs. The Subject Property is estimated to have a total of 2,005 EDUs, leaving excess capacity in the Developer - Installed Facility of 2,922 EDUs. J. The Developer desires that the Town take ownership of, operate, and service the Developer -Installed Facility. K. The Town is willing to accept the Developer -Installed Facility and permit it to be connected to the Town sewer system provided it meets Town standards and the work is done in accordance with Town requirements. AGREEMENT NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants set forth in this Agreement, the Parties hereby agree as follows: 1. The Developer -Installed Facility 1.1. Developer installation of the Developer Installed Facility. The Developer has designed and shall install, at the Developer's own expense (subject to the reimbursement provisions of this Agreement), the sewer infrastructure improvements as depicted in the Facility Plan. The sewer infrastructure improvements depicted on the Facility Plan are referred to in this Agreement as the "Developer -Installed Facility," and shall conform to the design standards of the Pima County Regional Wastewater Reclamation Department and the Town of Marana Town Code Title 14 and special specifications and details as approved by the Town and by this reference made a part of this Agreement. The Facility Plan shall include a plan note identifying the Developer -Installed Facility as a new sewer facility and shall show any and all alterations to the existing sewer system. Construction and installation of the Developer -Installed Facility in accordance with the Facility Plan, including without limitation all labor, materials, equipment, supplies, and tools required for the construction and installation, is referred to in this Agreement as the "Work." 1.2. Competitive bids. As a condition of and prerequisite to receiving any reimbursement under this Agreement, the Developer shall go through the competitive bidding process for the Work in compliance with Title 34 of the Arizona Revised Statutes. 1.3. Work by licensed contractor. The Work shall be performed by a contractor properly licensed by the State of Arizona as determined by the Arizona Registrar of Contractors. In addition to any other contractor's license classifications required by the Arizona Registrar of Contractors, the contractor shall hold contractor's license classifications A, A-1.2 and A-16. 1.4. Payment of connection fees. Before any service connections are made from the Town's sewer system to the Developer -Installed Facility, the person or entity seeking the 00073999.Doo(/12 Marana Town Council Regular Meeting Agenda Packet Page 98 of 103 April 2, 2024 service connection shall pay to the Town the connection fees and any other fees required by Marana Town Code Title 14. 1.5. Developer Installed Facility acceptance by Town. Service connections shall not be made to the Developer -Installed Facility, and the Developer -Installed Facility shall not be connected to the Town's sewer system, until the Developer -Installed Facility has been accepted by the Town in accordance with Marana Town Code Title 14. 1.6. Developer's certification. Execution of this Agreement certifies that the Developer has reviewed the Facility Plan and all other specifications applicable to the Work and has approved and agrees with the location of all service lines. 1.7. Termination for lack of Work. Approval of the Facility Plan shall lapse and this Agreement shall terminate if more than one year has passed since the date of this Agreement and the Work has not begun, or if the Work is discontinued for a period of one year. 1.8. Oversizing Recovery Charge. The Parties have determined that the Developer - Installed Facility will have sufficient capacity to serve an additional 2,922 EDUs as a result of and upon completion of the Work and after connection of 2,005 EDUs on the Subject Property. Consequently, pursuant to Marana Town Code section 14-4-3 (C), the Town hereby establishes an "oversizing recovery charge" of $416.89 per EDU for connections whose capacity is made possible as a result of the Work. For purposes of this paragraph, all of the following apply: 1.8.1. The oversizing recovery charge shall be payable only until the Developer -Installed Facility reaches its design capacity, currently anticipated to be for an additional 2,922 EDUs whose capacity is made possible as a result of the Work or until the termination of the Mandarina Development Agreement, whichever occurs first. Based on the oversizing recovery charge of $416.89 per EDU, the Parties' current estimate of the Developer's total potential reimbursement through oversizing recovery charges for the Developer -Installed Facility is $1,218,164. 1.8.2. The Town will deposit the oversizing recovery charge payments for constructed EDUs benefitted by the Developer -Installed Facility in the "Reimbursement Account" established pursuant to the Mandarina Development Agreement and will reimburse the Developer in accordance with the "Reimbursement Payments" provision of the Mandarina Development Agreement. 1.8.3. The Developer shall have a beneficial ownership interest in the service area for the Developer -Installed Facility sufficient to prohibit connection in that area unless and until the oversizing recovery charge is paid. 1.8.4. One EDU is a typical single-family residence served by a five -eighths inch meter. EDU equivalencies for other uses and meter sizes shall be based on standard Town equivalency tables and calculations. 1.8.5. The number of EDUs subject to the oversizing recovery charge has been calculated assuming the development of 2005 lots on the Subject Property served by five- eighths inch meters. If the actual number of lots and size of meters used to 00073999.DOCX /13 Marana Town Council Regular Meeting Agenda Packet Page 99 of 103 April 2, 2024 develop the Subject Property results in a different EDU count, the number of EDUs required to pay the oversizing recovery charge shall be adjusted accordingly, based on standard Town equivalency tables and calculations, and the "oversizing recovery charge" set forth in subparagraph 1.8.1 above shall be re -calculated accordingly. 1.8.6. The Parties acknowledge that final construction quantities and amounts will be provided after construction of the Developer Installed -Facility is completed. 1.8.7. The Town makes no guarantee that the Developer will receive full reimbursement of the Developer's cost of completing the Work. 2. Engineering and Inspection 2.1. Registered civil engineer. The Developer shall employ a registered Civil Engineer to design, lay out, establish control lines for and certify the layout of the Work according to the Facility Plan. 2.2. Town inspector's authority. Any inspector authorized by the Town shall have full inspection authority over the Work. 2.3. Inspection provisions. The Developer shall furnish the Town's inspector with all facilities reasonably necessary to inspect the Work. The Work shall be subject to Town inspection at all times. Defective work shall be corrected in a manner satisfactory to the Town's inspector. Inspection by the Town is for the purpose of ensuring compliance with plans and specifications only. The Town makes no guarantee as to the safety or engineering soundness of plans prepared by the Developer or any contractor. 2.4. Payment of Tovtn inspector's overtime cost. If scheduling by the Developer's contractor reasonably requires the Town's inspector to work overtime, the Developer or Developer's contractor shall pay the Town for any additional salaries, expenses or employee benefits relating to the overtime. For purposes of this paragraph, overtime is any time over 40 hours worked in a seven-day work period, any time over eight hours worked Monday through Friday, and any time worked on weekends and legal holidays observed by the Town. 3. Preconstruction Procedure 3.1.. Request to begin construction. The Developer shall submit a written request to begin construction to the Town five working days before the Work is to commence. 3.2. Construction permit. This Agreement shall be completed, signed and notarized, and returned to the Town prior to issuance of a construction permit for the Work. 3.3. Start and completion of'the Work. No portion of the Work shall begin until the Town has issued a construction permit specifying the starting date and a reasonable time for completion. 3.4. Progress of the Work. The Work shall be commenced and carried on at such points and in such order as may be directed by the Town. 00073999.DOO( /14 Marana Town Council Regular Meeting Agenda Packet Page 100 of 103 April 2, 2024 3.5. Materials sampling and testing, testing by the Town prior to being used in specification shall be removed from the site. Materials shall be available for sampling and the Work. Materials that fail to meet Town 3.6. Permits and approvals. The Developer shall, at Developer's expense, obtain all necessary permits and licenses for the Work, pay all fees and comply with all laws, ordinances and regulations relating to the Work. Town permit fees for the Work are waived pursuant to the Mandarina Development Agreement. 4. Construction 4.1. Developer's presence on site. The Developer, or Developer's designated agent, shall be present at all times during performance of the Work. The name of the Developer's designated agent and the contractor performing the Work shall be furnished to the Town before the Work begins. Instructions given by the Town to the designated agent shall be deemed to have been given to the Developer. 4.2. Competence and diligence. The Developer shall employ only competent and efficient laborers, mechanics or artisans on the Work, and the Developer agrees to perform diligently to complete the Work on or before the completion date given in the notice to proceed. 4.3. Alterations to the existing Town sewer .system. The Developer shall, at Developer's expense, make any and all alterations to the existing sewer system either on -site or off -site necessitated by paving, drainage, or other improvements caused by the development of the Subject Property. 4.4. Worksite ,safety. The Developer shall require all contractors and subcontractors performing any portion of the Work to comply with all safety requirements of the Occupational Safety and Hazards Act as set forth by the Federal Government and as implemented by the State of Arizona. The Developer or its contractors shall be solely responsible for all fines or other penalties provided for by law for any violations of the Occupational Safety Hazards Act. 5. Dedication 5.1. Transfer of the Developer -Installed Facility to the Town. Upon the Town's final acceptance of the Work, the Developer shall at no cost grant, bargain, sell, convey, transfer and deliver to the Town the Developer -Installed Facility free and clear of all liens, claims, charges or encumbrances. 5.2. One-year warranty. The Developer guarantees the Work to be free from all failures due to poor workmanship or materials for a period of one year from the date of the Town's final acceptance of the Work. 5.3. Other conflicting construction prohibited. The Developer shall not construct or allow the construction of any utility, structure, building, or other improvement that would interfere with the operation or maintenance of the Developer -Installed Facility. 00073999.Docx /15 Marana Town Council Regular Meeting Agenda Packet Page 101 of 103 April 2, 2024 5.4. Developer's obligation to maintain finished grade. The Developer guarantees that all service lines and other sewer facilities on the Subject Property will be to finished grade and that Developer will remain responsible for raising or lowering said services as required until the Subject Property is fully developed. 5.5. Acceptance by the Town. The Town shall accept title to and take possession of the Developer -Installed Facility when the Work has been completed to the satisfaction of the Town. Subject to the Developer's continuing obligations under this Agreement, the Town shall operate and service the Developer -Installed Facility after taking over possession of it under this paragraph. 6. Miscellaneous 6.1. .Indemnity. Developer shall indemnify, defend, and hold harmless the Town, its Mayor and Council, officers and employees, boards, committees and commissions from and against any loss, claim, suit, demand, cause of action, or liability of any nature, including but not limited to damage to property and injuries to persons, including death, arising or alleged to have arisen, in whole or in part, out of any negligent act or omission of the Developer or any contractor, subcontractor, or any person employed directly or indirectly by any of them in the performance of the Work or in the operation of the Developer -Installed Facility. 6.2. Binding effect.. This agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the Parties. 6.3. Consent required for assignment. The Developer may not assign this Agreement without the prior written consent of the Town. 6.4. Cancellation for conflict of interest. This Agreement is subject to A.R.S. § 38- 511, which provides for cancellation in certain instances involving conflict of interest. [Signature page follows.] 00073999.DOCX /16 Marana Town Council Regular Meeting Agenda Packet Page 102 of 103 April 2, 2024 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date set forth below their respective signatures. THE "TOWN": TOWN OF MARANA, an Arizona mu icipal corporation By: Ed Honea, Mayor Date: 0243 / 2-0 Z-/ ATTESI,<� ----) -,-n Cherry L. Lp,*son, Town Clerk APPROVED AS TO Jane 17#60l, TOvVn Attorney STATE OF ARIZONA ) )ss County of Maricopa ) THE "DEVELOPER": MANDARINA HOLDINGS, L] an Mzo�a limlitecoiability com _�2- Date: IZ The foregoing instrument was acknowledged before me on January 15 , 2021 by Karl N. Huish, the Manager of MANDARINA HOLDINGS, LLC, an Arizona limited liability company (the "Developer"), on its behalf. (Seal) s HANNAH JUNE MARTIN Notary Public ' Commission Number 583950 Y +° Expires: June 6, 2024 �9.i�-� Maricopa County ,I F/� 1061ME0111 00073999.Doo(/17 Marana Town Council Regular Meeting Agenda Packet Page 103 of 103 April 2, 2024