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HomeMy WebLinkAbout10/20/2009 Council Agenda PacketREGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 . Council Chambers, October 20, 2009, at or after 7:00 PM Ed Honea, Mayor Herb Kai, Vice Mayor Russell Clanagan, Council Member Patti Comerford, Council Member Carol McGorray, Council Member Jon Post, Council Member Roxanne Ziegler, Council Member 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,~lease turn off or put in silent mode all pagers and cell phones. Meeting Times Welcome to this Marana Council meeting. Regular Council meetings .are usually held the first and third Tuesday of each month at 7:00 p.m. at the Marana Town Hall, although the date or time may change, or Special Meetings may be called at other times and/or places. Contact Town Hall 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 Call to the Public, Public Hearings, or other agenda items, 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. 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. Any person who, by reason of any disability, is in need of special services as a result of their disability, such as assistive listening devices, agenda materials printed in Braille or large print, a signer for the hearing impaired, etc., will be accommodated. Such Regular Council Meeting -October 20, 2009 -Page 1 of 59 special services are available upon prior request to the Town Clerk at least 10 working days prior to the Council meeting. Agendas Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online at ww~~.mal a...na,com, by linking to the Town Clerk page under Agendas, Minutes and Ordinances. For questions about the Council meetings, special services or procedures, please contact the Town Clerk, at 382-1999, Monday through Friday from 8:00 a.m. to 5:00 p.m. Posted no later than Monday, October 19, 2009, 7:00 PM, at the Marana Municipal Complex, the Marana Operations Center and at www.marana.com under Town Clerk, Agendas, Minutes and Ordinances. 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 not already on tonight's agenda. 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. 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, may ask staff to review the matter, or may ask that the matter be placed on a future agenda. PRESENTATIONS ANNOUNCEMENTS/UPDATES PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS STAFF REPORTS GENERAL ORDER OF BUSINESS CONSENT AGENDA The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion will. approve all items on the Consent Regular Council Meeting -October 20, 2009 -Page 2 of 59 agenda, including any resolutions or ordinances. A Council Member may remove any issue from the Consent agenda, and that issue will be discussed and voted upon separately, immediately following the Consent agenda. C l : Resolution No. 2009-181: Relating to the Police Department; authorizing the Town Manager to execute a Subgrantee Agreement with the Arizona Department of Homeland Security for purposes of receiving funds under the 2009 Operation Stonegarden Supplemental Grant Program (T VanHook) C 2: Resolution No. 2009-182: Relating to Risk Management; authorizing the Mayor to execute a tolling agreement extension with Timothy Widger and Acacia Nursery Inc. (Frank Cassidy) C 3: Resolution No. 2009-183: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a New No. 12 (Restaurant) liquor license submitted by Hien T. Ma on behalf of Chopstix Fine Asian Dining II located at 8225 N. Courtney Page Way, #191 (Jocelyn C. Bronson) C 4: Minutes of the October 6, 2009 regular council meeting COUNCIL ACTION A 1: Resolution No. 2009-184: Relating to Personnel; approving an amendment to the Fiscal Year 2009-2010 temporary salary schedule adopted by the Town Council on June 23, 2009; adding the title and salary range for a Regional Emergency Response Planner; and declaring an emergency (Suzanne Machain) A 2: Ordinance No. 2009.21: Relating to Annexation; annexing into the corporate limits of the Town of Marana that territory known as the Decker Drive annexation, being an area containing approximately 47 acres of land generally located at the northwest corner of Lambert Lane and Blue Bonnet Road alignments, including the adjacent rights-of--way for Camino de Mariana, Decker Drive and Lambert Lane (Lisa Shafer) BOARDS, COMMISSIONS AND COMMITTEES ITEMS FOR DISCUSSION/POSSIBLERCTION D 1: Relating to Parks and Recreation: discussion and direction regarding the Town's opportunity to exercise a prepayment option on its state land lease for the 2400 acre Tortolita Mountain Preserve (Tom Ellis and Jennifer Christelman) D 2: Legislative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature (Steve Huffman) EXECUTIVE SESSIONS E l: Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. E 2: Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), discussion or consultation for legal advice with the Town's attorneys and discussion and to consider its position and instruct the Town Manager and staff concerning possible Regular Council Meeting -October 20, 2009 -Page 3 of 59 acquisition of certain water infrastructure and accounts and water rights and/or resources E 3: Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), discussion or consultation for legal advice with the Town's attorneys and discussion and to consider its position and instruct the Town Manager and staff concerning (1) the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008-OOl l 31, (2) pending legal issues, settlement discussions and contract negotiations relating to the transition of Marana wastewater collection and treatment to the Town of Marana FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion of what items to place on the agenda, if three or more council members request an item. to be placed on the agenda, it must be placed upon the agenda for the second regular town council meeting after the date of the request (Marana Town Code, Title 2, Chapter 2-4, Section 2-4-2 B) ADJOURNMENT Regular Council Meeting -October 20, 2009 -Page 4 of 59 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, October 20, 2009, 7:00:00 PM To: Mayor and Council Item C 1 From: T VanHook ,Community Development Director Strategic Plan Focus Area: Community Building Subject: Resolution No. 2009-181: Relating to the Police Department; authorizing the Town Manager to execute a Subgrantee Agreement with the Arizona Department of Homeland Security for purposes of receiving funds under the 2009 Operation Stonegarden Supplemental Grant Program Discussion: Operation Stonegarden is a federally funded homeland security initiative involving 14 states. The program provides states the flexibility to use Department of Homeland Security grant funding to enhance coordination among state and Federal law enforcement agencies at and near the U.S./Mexico border. The program requires states to identify and prioritize solutions to their border security needs and provides funding to state and local agencies to implement the state's individual goals and objectives. Operation Stonegarden was originally funded through the 2006 Emergency Supplemental Appropriations Act for Defense, the Global War on Terror and Hurricane Recovery. Funding was renewed for the current fiscal year, providing the Town of Marana an opportunity to participate and receive funding. Marana's participation with Operation Stone Garden will focus on augmenting and supporting Border Patrol coverage of egress from the border areas with state, local and tribal police agencies. Through participation in this operation, Marana will use its authority to control the routes and reduce the propensity for cross-border crime in the area. Patrols will concentrate on the 109 miles of arterial roadways serving as regional east-west connectors between State Route 77 and I-10 and the more than 57 miles of rural, mostly two-lane roads paralleling I-10 to the west. The Marana Police Department's primary goals are to: (1) reduce crime in border communities to improve the quality of life; (2) deter illegal entries through teamwork with other local and federal agencies; (3) assist in the apprehending terrorists and terrorist weapons illegally entering the United States; and (4) coordinate operations with the Pima County Sheriff's Department and U.S. Border Patrol Tucson Sector. Marana, in cooperation with the Pima County Sheriff and U.S. Border Patrol, will deploy officers along prime roadways prone to invoke illegal activity and national security concerns. To support Regular Council Meeting -October 20, 2009 -Page 5 of 59 this initiative Marana will deploy two uniformed officers for eight-hour shifts, three days per week on an on-going basis. If contact and/or interaction is made with certain "persons of interest" notification will be made to the Office of Customs and Border Protection, U.S. Border Patrol (USBP) or the appropriate agency. Deployments will be based on specific threats which can be targeted and countered and shifts in illegal traffic patterns due to increased enforcement actions. These activities will be coordinated through the USBP. Marano will identify these shift times and location and address them accordingly. As an active participant in regional planning, emergency operations, and homeland security initiatives, the Marano Police Department has been impacted by increased contacts with illegal entrants and human and narcotics smugglers migrating through the community as focused enforcement has caused a deviated travel pattern from the US Mexican Border along the I-10 corridor. Because Marana sits 60 miles from the Mexican Border and hosts segments of rural transportation routes traditionally used to smuggle undocumented workers and drugs up from Mexico, three specific areas will be targeted for Stonegarden activities: Area one: Sandario road from Emigh to Avra Valley. Area two: Silverbell/Twin Peaks Corridor. Area three: Discretionary area to provide flexibility to the Chief of Patrol, USBP. Supplemental Funding of $18,500 has been awarded for the purchase of a Polaris Ranger 800 4- passenger utility vehicle that will allow the Marano Police Department to access remote, difficult terrain along the Santa Cruz River and mountain passes. This provides space for two officers and equipment and can be used to transport up to two detainees or one individual for medical evacuation. The equipment supplied under this program may be used by the Marana Police Department for non-Stonegarden activities as long as it is kept in good working order and available for all Stonegarden related deployments. Financial Impact: There is no match requirement under this program. ATTACHMENTS: \ame: ^ Police -Stone Garden Supplemental Grant 2009,- 2010 Resolution.doc D Police - Operato. n Stonegarden Supplemental Equipment Grant 2009-201.0 Contract_Docu me nt.doc Description: Stonegarden Sus~plemental 2009 Resolution Stonegarden Grant Agreement 2009-2010 Supplemental Type: Resolution Backup Material Staff Recommendation: Staff recommends the approval of the Subgrantee Agreement with the Arizona Department of Homeland Security for purposes of receiving funds under the 2009 Operation Stonegarden Supplemental Grant Program. Suggested Motion: I move to adopt Resolution No. 2009-181, authorizing the Town Manager to execute a Subgrantee Agreement with the Arizona Department of Homeland Security for purposes of receiving funds under the 2009 Operation Stonegarden Supplemental Grant Program. Regular Council Meeting -October 20, 2009 -Page 6 of 59 MARANA RESOLUTION N0.2009-181 RELATING TO THE POLICE DEPARTMENT; AUTHORIZING FULL EXECUTION OF A SUBGRANTEE AGREEMENT WITH THE ARIZONA DEPARTMENT OF HOMELAND SECURITY FOR PURPOSES OF RECEIVING FUNDS UNDER THE 2009 OPERATION STONEGARDEN SUPPLEMENTAL GRANT PROGRAM WHEREAS, the Town of Marana recognizes its duty to protect its citizens concerning matters involving Homeland and Border Security; and WHEREAS, the Marana Police Department is working with the Arizona Department of Homeland Security, United States Border Patrol, and other community agencies as a regional partner in the Operation Stonegarden Program; and WHEREAS, the Arizona Department of Homeland Security has awarded grant funding (CFDA #97.067) for purchase of specialized equipment used in coordination with the Operation Stonegarden Program; and WHEREAS, under the terms of the 2009 Operation Stonegarden Grant Supplemental Program upon execution of the pending Subgrantee Agreement the Town of Marana is eligible to receive funds in the amount of $18,500 from the Arizona Department of Homeland Security for specialty equipment. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCLi, OF THE TOWN OF MARANA, ARIZONA, that the Council approves the agreement and authorizes the Town Manager and staff to take appropriate actions to carry out the terms of the agreement with the Arizona Department of Homeland Security. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 20th day of October, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -October 20, 2009 -Page 7 of 59 SUBGRANTEE AGREEMENT 09-AZDOHS-HSGP- 555421-02 Between The Arizona Department of Homeland Security And Town of Marana WHEREAS, A.R.S. § 41-4254 charges the Arizona Department of Homeland Security (AZDOHS) with the responsibility of administering funds. THEREFORE, it is agreed that the AZDOHS shall provide funding to the Town of Marana (subrecipient) for services under the terms of this Grant Agreement. PURPOSE OF AGREEMENT The purpose of this Agreement is to specify the responsibilities and procedures for the subrecipient's role in administering homeland security grant funds. II. TERM OF AGREEMENT, TERMINATION AND AMENDMENTS This Agreement shall become effective on October 1, 2009 and shall terminate on September 30, 2010. III. DESCRIPTION OF SERVICES The subrecipient shall provide the services for the State of Arizona, Arizona Department of Homeland Security as approved in the grant application titled, "Operation Stonegarden - Equipment" and funded at $18,500 (as may have been modified by the award letter). IV. MANNER OF FINANCING The AZDOHS shall: a> Provide up to $18,500 to the subrecipient for services provided under Paragraph III. b) Payment made by the AZDOHS to the subrecipient shall be on a reimbursement basis only and is conditioned upon receipt of proof of payment and applicable, accurate and complete reimbursement documents, as deemed necessary by the AZDOHS, to be submitted by the subrecipient. A listing of acceptable documentation can be found at www.azdohs.gov. Payments will be contingent upon receipt of all reporting requirements of the subrecipient under this Agreement. V. FISCAL RESPONSBILITY It is understood and agreed that the total amount of the funds used under this Agreement shall be used for the project(s) and scope of work outlined in this Agreement. Therefore, should the project not be completed, be partially completed the subrecipient shall reimburse said funds directly to AZDOHS immediately, or be completed at a lower cost than the original budget called for, the amount reimbursed to the subrecipient shall be for only the amount of dollars actually spent by the subrecipient. For any funds received under this Agreement for which expenditure is disallowed by an audit exemption by the AZDOHS, the State, or Federal government, the subrecipient shall reimburse said funds directly to the AZDOHS immediately. 09-AZD(~~~~~ur~~l~~ag -October 20, 2009 -Page 8 of 59 Page 1 VI. FINANCIAL AUDIT/PROGRAMTIC MONTIORING The subrecipient agrees to terms specified in A.R.S. § 35-214 and §35-215. a) In addition, in compliance with the Federal Single Audit Act (31 U.S.C. par., 7501-7507), as amended by the Single Audit Act Amendments of 1996 (P.L. 104 to 156), the subrecipient must have an annual audit conducted in accordance with OMB Circular #A- 133 ("Audits of States, Local Governments, and Non-profit Organizations") if the subrecipient expends more than $500,000 from federal awards. If the subrecipient has expended more than $500,000 in federal dollars, a copy of the subrecipient's audit report for the previous fiscal year must be submitted to the AZDOHS for review within thirty (30) days of signing this Agreement. b) Subrecipients will be monitored periodically by AZDOHS staff, both programmatically and financially, to ensure that the project goals, objectives, performance requirements, timelines, milestone completion, budgets, and other related program criteria are being met. Monitoring will be accomplished through a combination of office-based reviews and onsite monitoring visits. Monitoring will involve the review and analysis of the financial, programmatic, performance and administrative issues relative to each program and will identify areas where technical assistance and other support may be needed. VII. APPLICABLE FEDERAL REGULATIONS The subrecipient must comply with the grant guidance, Office of Management and Budget (OMB) Circulars Code of Federal Regulations (CFR) and other federal guidance including but not limited to: a) 44 CFR Chapter 1, Federal Emergency Management Agency, Department of Homeland Security at http://www.access.gpo.gov/nara/cfr/waisidx 07/44cfrv1 07.html. b) 2 CFR 225 Cost Principles for State, Local & Indian Tribal Governments, formerly OMB, at http:/Iwww.access.gpo.gov/nara/cfrlwaisidx 07/2cfr225 07.html. Cost Principles: 2 CFR Part 225, State and Local Governments; 2 CFR Part 220, Educational Institutions; 2 CFR Part 230, Non-Profit Organizations; Federal Acquisition Regulation Sub-part 31.2, Contracts with Commercial Organizations. OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, at httg://www.whitehouse.gov/omb/circulars/a 133/a133.html. c) 44 CFR part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and local governments (formerly OMB Circular A-102 at http://149.168.212.15/mitigation/Library/44 CFR-Part 13.pdf U.S. Department of Homeland Security Authorized Equipment List (AEL) available at https://www.rkb.mipt.org/ael.cfm 2 CFR Part 215, Institutions of Higher Education, Hospitals and Other Non-Profit Organizations. d) 28 CFR applicable to grants and cooperative agreements including Part II, Applicability of Office of Management and Budget Circulators; Part 18, Administrative Review Procedure; Part 20 Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence System Operating Policies; Part 42, Non-discrimination Equal Employment Opportunities Policies and Procedures; Part 61, Procedures for Implementing the national Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Part 66. Included within the above mentioned guidance documents are provisions for the following: 09-AZD~~u~r,SC~ur~~~ -October 20, 2009 -Page 9 of 59 Page 2 NIMSCAST The subrecipient agrees to complete the National Incident Management System Compliance Assistance Support Tool (NIMSCAST) and remain in compliance. Environmental Planning and Historic Preservation The recipient shall comply with all applicable Federal, State, and local environmental and historic preservation (EHP) requirements and shall provide any information requested by FEMA to ensure compliance with applicable laws including: National Environmental Policy Act, National Historic Preservation Act, Endangered Species Act, and Executive Orders on Floodplains (11988), Wetlands (11990) and Environmental Justice (12898). Failure of the recipient to meet Federal, State, and local EHP requirements and obtain applicable permits may jeopardize Federal funding. Recipient shall not undertake any project having the potential to impact EHP resources without the prior approval of FEMA, including but not limited to communications towers, physical security enhancements, new construction, and modifications to buildings that are 50 years old or greater. Recipient must comply with all conditions placed on the project as the result of the EHP review. Any change to the approved project scope of work will require re-evaluation for compliance with these EHP requirements. If ground disturbing activities occur during project implementation, the recipient must ensure monitoring of ground disturbance and if any potential archeological resources arc discovered, the recipient will immediately cease construction in that area and notify FEMA and the appropriate State Historic Preservation Office. Any construction activities that have been initiated prior to the full environmental and historic preservation review will result in anon-compliance finding. Consultants Billings for consultants must include at a minimum: a description of services; dates of services; number of hours for services pertormed; rate charged for services; and, the total cost of services performed. Consultant costs must be within the prevailing rates, must be obtained under consistent treatment with the procurement policies of the sub-grantee and 44 CFR Chapter 1 part 13 and should not exceed the maximum of $450.00 per day per consultant unless prior written approval is granted by the AZDOHS. Personnel and Travel Costs Personnel and Travel costs must be consistent with the subrecipient's policies and procedures and must be applied uniformly to both federally financed and other activities of the agency. At no time can the subrecipient's policies exceed the state rate established by the Arizona Department of Administration, General Accounting Office Travel Policies: http://www.gao. state.az Nonsupplanting Agreement The subrecipient shall not use funds to supplant state or local funds or other resources that would otherwise have been made available for this program/project. Further, if a position created by a grant is filled from within, the vacancy created by this action must be filled within 30 days. If the vacancy is not filled within 30 days, the sub-grantee must stop charging the grant for the new position. Upon filling the vacancy, the sub-grantee may resume charging for the grant position. E-Verify Compliance requirements for A.R.S. § 41-4401-immigration laws and E-Verify requirement. a) The Contractor warrants compliance with all Federal immigration laws and regulations relating to employees and warrants its compliance with Section A.R.S. § 23-214, Subsection A. (That subsection reads: "After December 31, 2007, every employer, after hiring an employee, shall verify the employment eligibility of the employee through the E- Verify program.) 09-AZD~~u~SC~ur~~~ -October 20, 2009 -Page 10 of 59 Page 3 b) A breach of a warranty regarding compliance with immigration laws and regulations shall be deemed a material breach of the contract and the Contractor may be subject to penalties up to and including termination of the Agreement. c) The Department retains the legal right to inspect the papers of any employee who works on the Agreement to ensure that the Contractor or subcontractor is complying with the warranty under paragraph 8(a). Property Control Effective control and accountability must be maintained for all property. The subrecipient must adequately safeguard all such property and must assure that it is used solely for authorized purposes as described in the guidance and application. The subrecipient shall exercise caution in the use, maintenance, protection and preservation of such property. Terms used in this subpart have the following meaning (See also Reclamation Supplement to Federal Property Management Regulations, Part 60 Property Accountability, Subpart 114S- 60.4 Classification of Property). a) Nonexpendable property is property which has a continuing use, is not consumed in use, is of a durable nature with an expected service life of one or more years, has an acquisition cost of $300 or more, and does not become a fixture or lose its identity as a component of other equipment or plant. b) At the time when the final request for reimbursement is submitted, the subrecipient must file with the AZDOHS a copy of the Property Control Record Form listing all such property acquired with grant funds. The subrecipient agrees to be subject to equipment monitoring and auditing by state or federal authorized representatives for verification of information. c) Equipment shall be used by the subrecipient in the program or project for which it was acquired as long as needed, whether or not the program or project continues to be supported by federal grant funds. When use of the property for project activities is discontinued, the subrecipient shall request in writing disposition instructions from the AZDOHS before actual disposition of the property. Theft, destruction, or loss of property shall be reported to the AZDOHS immediately. Allowable Costs The allowability of costs incurred under this agreement shall be determined in accordance with the general principles of allow ability and standards for selected cost items as set forth in the applicable OMB Circulars, Code of Federal Regulations, authorized equipment list and guidance documents referenced above. VIII. DEBARMENT CERTIFICATION The subrecipient agrees to comply with the Federal Debarment and Suspension regulations as outlined in the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions." IX. FUNDS MANAGEMENT The subrecipient must maintain funds received under this Agreement in separate ledger accounts and cannot mix these funds with other sources. The subrecipient must manage funds according to applicable federal regulations for administrative requirements, costs principles and audits. The subrecipient must maintain adequate business systems to comply with Federal requirements. The business systems that must be maintained are: 09-AZD(~~~~~ur~i~ -October 20, 2009 -Page 11 of 59 Page 4 • Financial Management • Procurement • Personnel • Property • Travel A system is adequate if it is 1) written; 2) consistently followed - it applies in all similar circumstances; and 3) consistently applied - it applies to all sources of funds. X. REPORTING REQUIREMENTS Regular reports by the subrecipient shall include: a) Programmatic Reports The subrecipient shall provide quarterly programmatic reports to the AZDOHS within fifteen (15) working days of the last day of the quarter in which services are provided except for the final report which shall be submitted within forty-five (45) days. The subrecipient shall use the form provided by the AZDOHS to submit quarterly programmatic reports. The report shall contain such information as deemed necessary by the AZDOHS. The subrecipient shall use the Quarterly Programmatic Report Format template, which is posted at www.azdohs.gov. If the scope of the project has been fully completed and implemented, and there will be no further updates, then the quarterly report for the quarter in which the project was completed will be sufficient as the final report. The report should be marked as final and should be inclusive of all necessary and pertinent information regarding the project as deemed necessary by the AZDOHS. b) Quarterly reports are due: January 15 (period October 1-December 31) April 15 (period January 1 -March 31) July 15 (period April 1 -June 30) October 15 (period July 1 -September 30) c) Financial Reimbursements The subrecipient shall provide as frequently as monthly but not less than quarterly requests for reimbursement. Reimbursements shall be submitted with the Reimbursement Form provided by AZDOHS staff. The subrecipient shall submit a final reimbursement for expenses received and invoiced prior to the end of the termination of this Agreement no more than forty-five (45) days after the end of the Agreement. Requests for reimbursement received later than the forty-five (45) days after the Agreement termination will not be paid. The final reimbursement request as submitted shall be marked FINAL, and include a copy of the Property Control Form. All reports shall be submitted to the contact person as described in Paragraph XXXIX, NOTICES, of this Agreement. XI. ASSIGNMENT AND DELEGATION The subrecipient may not assign any rights hereunder without the express, prior written consent of both parties. XII. AMENDMENTS Any change in this Agreement including but not limited to the Description of Services and budget described herein, whether by modification or supplementation, must be accomplished by a formal Agreement amendment signed and approved by and between the duly authorized representative of the subrecipient and the AZDOHS. 09-AZDC~~t~'SC~u~Si~ -October 20, 2009 -Page 12 of 59 Page 5 Any such amendment shall specify: 1) an effective date; 2) any increases or decreases in the amount of the subrecipient's compensation if applicable; 3) be titled as an "Amendment,"and 4) be signed by the parties identified in the preceding sentence. The subrecipient expressly and explicitly understands and agrees that no other method of communication, including any other document, correspondence, act, or oral communication by or from any person, shall be used or construed as an amendment or modification or supplementation to this Agreement. XI11. SUBCONTRACTORS The subrecipient may enter into written subcontract(s) for performance of certain of its functions under the contract in accordance with terms established in the State of Arizona procurement policy, OMB Circulars, Code of Federal Regulations, DHS guidance and DHS Program Guide. The subrecipient agrees and understand that no subcontract that the subrecipient enters into with respect to pertormance under this Agreement shall in any way relieve the subrecipient of any responsibilities for performance if its duties. The subrecipient shall give the AZDOHS immediate notice in writing by certified mail of any action or suit filed and prompt notice of any claim made against the subrecipient by any subcontractor or vendor which in the opinion of the subrecipient may result in litigation related in any way to the Agreement with the AZDOHS. XIV. OFFSHORE PERFORMANCE OF WORK PROHIBITED Due to security and identity protection concerns, all services provided and goods purchased under this Agreement shall be performed and located within the borders of the United States. All storage and processing of information shall be performed within the borders of the United States. This provision applies to work performed by subcontractors at all tiers. XV. AGREEMENT RENEWAL This Agreement shall not bind nor purport to bind either party for any contractual commitment in excess of the original Agreement period. XVI. RIGHT TO ASSURANCE If the AZDOHS in good faith has reason to believe that the subrecipient does not intend to, or is unable to perform or continue performing under this Agreement, the AZDOHS may demand in writing that the subrecipient give a written assurance of intent to perform. If the subrecipient fails to provide written assurance within the number of days specified in the demand, the AZDOHS, at its option, may terminate this Agreement. XVII. CANCELLATION FOR CONFLICT OF INTEREST The AZDOHS may, by written notice to the subrecipient, immediately cancel this Agreement without penalty or further obligation pursuant to A.R.S. § 38-511 if any person significantly involved in initiating, negotiating, securing, drafting or creating the Agreement on behalf of the State or its subdivisions (unit of local government) is an employee or agent of any other party in any capacity or a consultant to any other party to the Agreement with respect to the subject matter of the Agreement. Such cancellation shall be effective when the parties to the Agreement receive written notice from the AZDOHS, unless the notice specifies a later time. This Agreement is subject to cancellation by either party pursuant to A.R.S. § 38-511. XVI11. THIRD PARTY ANTITRUST VIOLATIONS The subrecipient assigns the State of Arizona any claim for overcharges resulting from antitrust violations to the extent that such violations concern materials or services supplied by third parties to subrecipient toward fulfillment of this Agreement. 09-~D~P~u~SC~iur~i~r~p~g -October 20, 2009 -Page 13 of 59 Page 6 XIX. AVAILABILITY OF FUNDS Every payment obligation of the AZDOHS under this Agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such obligations. If the funds are not allocated and available for the continuance of this Agreement, the AZDOHS may terminate this Agreement at the end of the period for which funds are available. No liability shall accrue to the AZDOHS in the event this provision is exercised, and the AZDOHS shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph, including purchases and/or contracts entered into by the subrecipient in the execution of this Agreement. XX. FORCE MAJEURE If either party hereto is delayed or prevented from the performance of any act required in this Agreement by reason of acts of God, strikes, lockouts, labor disputes, civil disorder, or other causes without fault and beyond the control of the party obligated, performance of such act will be excused for the period of the delay. XXI. PARTIAL INVALIDITY Any term or provision of this Agreement that is hereafter declared contrary to any current or future law, order, regulation, or rule, or which is otherwise invalid, shall be deemed stricken from this Agreement without impairing the validity of the remainder of this Agreement. XXII. ARBITRATION In the event of any dispute arising under this Agreement, written notice of the dispute must be provided to the other party within thirty (30) days of the events giving the rise to the dispute. The subrecipient agrees to terms specified in A.R.S. § 12-1518. XXIII. GOVERNING LAW AND CONTRACT INTERPRETATION a) This Agreement shall be governed and interpreted in accordance with the laws of the State of Arizona. b) This Agreement is intended by the parties as a final and complete expression of their agreement. No course of prior dealings between the parties and no usage of the trade shall supplement or explain any terms in this document. c) Either party's failure to insist on strict performance of any term or condition of the Agreement shall not be deemed a waiver of that term or condition even if the party accepting or acquiescing in the nonconforming performance knows of the nature of the performance and fails to object. XXIV. ENTIRE AGREEMENT This Agreement and its Exhibits constitute the entire Agreement between the parties hereto pertaining to the subject matter hereof and may not be changed or added to except by a writing signed by all parties hereto in conformity with Section X Reporting Requirements of this Agreement; provided, however, that the AZDOHS shall have the right to immediately amend this Agreement so that it complies with any new legislation, laws, ordinances, or rules affecting this Agreement. The subrecipient agrees to execute any such amendment within ten (10) business days of its receipt. All prior and contemporaneous agreements, representations, and understandings of the parties, oral, written, pertaining to the subject matter hereof, are herby superseded or merged herein. XXV. RESTRICTIONS ON LOBBYING The subrecipient shall not use funds made available to it under this Agreement to pay for, influence, or seek to influence any officer or employee of a State or Federal government. 09-AZD~~~~~ur~i~I~ -October 20, 2009 -Page 14 of 59 Page 7 XXVI. LICENSING The subrecipient, unless otherwise exempted by law, shall obtain and maintain all licenses, permits and authority necessary to perform those acts it is obligated to perform under this Agreement. XXVII. NON-DISCRIMINATION The subrecipient shall comply with all state and federal equal opportunity and non- discrimination requirements and conditions of employment, including the Americans with Disabilities Act, in accordance with A.R.S. Title 41, Chapter 9, Article 4 and Executive Order 99-4, which mandates that all persons, regardless of race, color, religion, sex, age, national origin, disability or political affiliation, shall have equal access to employment opportunities. XXVIII. SECTARIAN REQUESTS Funds disbursed pursuant to this Agreement may not be expended for any sectarian purpose or activity, including sectarian worship or instruction in violation of the United States or Arizona Constitutions. XXIX. SEVERABILITY The provisions of this Agreement are severable. Any term or condition deemed illegal or invalid shall not affect any other term or condition of the Agreement. XXX. ADVERTISING AND PROMOTION OF AGREEMENT The subrecipient shall not advertise or publish information for commercial benefit concerning this Agreement without the written approval of the AZDOHS. XXXI. OWNERSHIP OF INFORMATION. PRINTED AND PUBLISHED MATERIAL The AZDOHS reserves the right to review and approve any publications funded or partially funded through this Agreement. All publications funded or partially funded through this Agreement shall recognize the AZDOHS and the U.S. Department of Homeland Security. The U.S. Department of Homeland Security and the AZDOHS shall have full and complete rights to reproduce, duplicate, disclose, perform, and otherwise use all materials prepared under this Agreement. The subrecipient agrees that any report, printed matter, or publication (written, visual, or sound, but excluding press releases, newsletters, and issue analyses) issued by the subrecipient describing programs or projects funded in whole or in part with federal funds shall contain the following statement: "This project was supported by Federal Grant CFDA 97.008 awarded by the Arizona Department of Homeland Security. Points of view or opinions contained within this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Homeland Security and the Arizona Department of Homeland Security." The subrecipient also agrees that one copy of any such publication, report, printed matter, or publication shall be submitted to the AZDOHS to be placed on file and distributed as appropriate to other potential sub-grantees or interested parties. The AZDOHS may waive the requirement for submission of any specific publication upon submission of a request providing justification from the subrecipient. 09-AZD~~~~~ur~i~a~g -October 20, 2009 -Page 15 of 59 Page 8 The AZDOHS and the subrecipient recognize that research resulting from this Agreement has the potential to become public information. However, prior to the termination of this Agreement, the subrecipient agrees that no research-based data resulting from this Agreement shall be published or otherwise distributed in any form without express written permission from the AZDOHS and possibly the U.S. Department of Homeland Security. It is also agreed that any report or printed matter completed as a part of this agreement is a work for hire and shall not be copyrighted by the subrecipient. XXXII. CLOSED-CAPTIONING OF PUBLIC SERVICE ANNOUNCEMENTS Any television public service announcement that is produced or funded in whole or in part by the subrecipient shall include closed captioning of the verbal content of such announcement. XXXIII. INDEMNIFICATION Contractor shall indemnify, defend, save and hold harmless the State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees (hereinafter referred to as "Indemnitee") from and against any and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys' fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as "Claims") for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or subcontractors. This indemnity includes any claim or amount arising out of or recovered under the Workers' Compensation Law or arising out of the failure of such contractor to conform to any Federal, state or local law, statute, ordinance, rule, regulation or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by Contractor from and against any and all claims. It is agreed that Contractor will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the State of Arizona, its officers, officials, agents and employees for losses arising from the work performed by the Contractor for the State of Arizona. XXXIV.TERMINATION a) All parties reserve the right to terminate the Agreement in whole or in part due to the failure of the subrecipient or the grantor to comply with any term or condition of the Agreement, to acquire and maintain all required insurance policies, bonds, licenses and permits or to make satisfactory progress in performing the Agreement. The staff of either party shall provide a written thirty (30) day advance notice of the termination and the reasons for it. b) If the subrecipient chooses to terminate the contract before the grant deliverables have been met, then the AZDOHS reserves the right to collect all reimbursements distributed to the subrecipient. c) The AZDOHS may, upon termination of this Agreement, procure on terms and in the manner that it deems appropriate materials or services to replace those under this Agreement. The subrecipient shall be liable to the AZDOHS for any excess costs incurred by the AZDOHS in procuring materials or services in substitution for those due from the subrecipient. 09-~D~P~u~,SCV4ur~itapg -October 20, 2009 -Page 16 of 59 Page 9 XXXV. CONTINUATION OF PERFORMANCE THROUGH TERMINATION The subrecipient shall continue to perform in accordance with the requirements of the agreement up to the date of termination as directed in the termination notice. XXXVI. PARAGRAPH HEADINGS The paragraph headings in this agreement are for convenience of reference only and do not define, limit, enlarge, or otherwise affect the scope, construction, or interpretation of this agreement or any of its provisions. XXXVII. COUNTERPARTS This Agreement may be executed in any number of counterparts, copies, or duplicate originals. Each such counterpart, copy, or duplicate original shall be deemed an original, and collectively they shall constitute one agreement. XXXVIII. AUTHORITY TO EXECUTE THIS AGREEMENT Each individual executing this Agreement on behalf of subrecipient represents and warrants that he or she is duly authorized to execute this Agreement. XXXIX. SPECIAL CONDTIONS a). The grantee and subrecipient must comply with the most recent version of the Administrative Requirements, Cost Principles, and Audit requirements. b). The recipient acknowledges that GPD and AZDOHS reserves aroyalty-free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: (a) the copyright in any work developed under an award or sub-award; and (2) any rights of copyright to which a recipient orsub-recipient purchases ownership with Federal support. The recipient agrees to consult with GPD regarding the allocation of any patent rights tha tarise from, or are purchased with, this funding. c). The recipient agrees that all publications created with funding under this grant shall prominently contain the following statement: "This document was prepared under a grant from FEMA's Grant Programs Directorate, U.S. Department of Homeland Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of FEMA's Grant Programs Directorate or the U.S. Department of Homeland Security." The recipient also agrees that, when practicable, any equipment purchased with grant funding shall be prominently marked as follows: "Purchased with funds provided by the U.S. Department of Homeland Security." d). The subrecipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this agreement. e). To the extent that recipients of a grant use contractors or subcontractors, such recipients shall use small, minority, women-owned or disadvantaged business concerns and contractors or subcontractors to the extent practicable. f). The recipient is prohibited from transferring funds between programs (State Homeland Security Program, Urban Area Security Initiative, Citizen Corps Program, and Metropolitan Medical Response System). 09-AZD(~1i~~s~ur~i~f~~ -October 20, 2009 -Page 17 of 59 Page 10 XL. NOTICES Any and all notices, requests, demands or communications by either party to this Agreement, pursuant to or in connection with this Agreement shall be in writing and shall be delivered in person or shall be sent to respective parties at the following addresses: Arizona Department of Homeland Security 1700 West Washington, Suite 210 Phoenix, AZ 85007 The subrecipient shall address all programmatic notices relative to this Agreement to the appropriate AZDOHS staff member; contact information at www.azdohs.gov. The subrecipient shall submit reimbursement requests relative to this Agreement to the appropriate AZDOHS staff member; contact information at www.azdohs.gov. AZDOHS shall address all notices relative to this Agreement to: T. VanHook, Community Development Director Town of Marana 11555 West Civic Center Drive Marana, Arizona 85653 XLI. IN WITNESS WHEREOF The parties hereto agree to execute this Agreement. FOR AND BEHALF OF THE FOR AND BEHALF OF THE Town of Marana Arizona Department of Homeland Security Gilbert Davidson, Town Manager Gilbert M. Orrantia, Director Date Date (Please be sure to complete and mail two original documents to the Arizona Department of Homeland Security.) 09-AZD~~~~~ur~i~ft~ -October 20, 2009 -Page 18 of 59 Page 11 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, October 20, 2009, 7:00:00 PM To: Mayor and Council Item C 2 From: Frank Cassidy ,Town Attorney Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2009-182: Relating to Risk Management; authorizing the Mayor to execute a tolling agreement extension with Timothy Widger and Acacia Nursery Inc. Discussion: Timothy Widger and Acacia Nursery Inc. filed a claim dated October 25, 2007 against the Town of Marana and three Town staff members for alleged harassment; trespass, and deprivation of rights arising out of enforcement actions at Acacia Nursery on Tangerine Road. In Apri12009, Andrew Jacobs, the attorney for Mr. Widger and Acacia Nursery, requested the Town and its officials named in the claim to execute a "tolling agreement" before Apri130, to toll the passage of time from then through November 1, 2009. Mr. Jacobs expressed a concern that one or more limitation periods for filing a lawsuit on the claim would pass during that period if the tolling agreement was not signed. On April 28, 2009, the Council adopted Resolution No. 2009-53, approving and authorizing the Mayor to sign the tolling agreement. Citing the need for more time to work with Development Services staff to resolve pending code compliance issues on the property, Mr. Jacobs has now requested an additional six-month extension of the tolling agreement. Executing the tolling agreement extension before November 1 (when the current tolling agreement ends) will toll the passage of time on this claim through May 1, 2010, will avoid the need for Mr. Widger and Acacia Nursery to file the suit at this time, and will hopefully allow sufficient time for the resolution of remaining issues without litigation. ATTACHMENTS: an~e: Description: Type: ^ Reso_approvng Widger Acacia tolling agreement Reso Approving 4~idgar Acacia Tolling Agreement Extension Resolution extension (FG1289~.DdC D EX_A_Extended Widger Acacia Tolling Agreement,pdf Exh A to Reso: Widger Acacia Taliing Agreement Extension Exhibit Regular Council Meeting -October 20, 2009 -Page 19 of 59 Staff Recommendation: The proposed tolling agreement extension does not affect the Town's substantive rights, and may avoid the need to litigate this matter. Therefore, the Town Attorney recommends the adoption of Resolution No. 2009-182. Suggested Motion: I move to adopt Resolution No. 2009-182, authorizing the Mayor to execute a tolling agreement extension with Timothy Widger and Acacia Nursery Inc. Regular Council Meeting -October 20, 2009 -Page 20 of 59 MARANA RESOLUTION N0.2009-182 RELATING TO RISK MANAGEMENT; AUTHORIZING THE MAYOR TO EXECUTE A TOLLING AGREEMENT EXTENSION WITH TIMOTHY WIDGER AND ACACIA NURSERY INC. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, Arizona, that the Tolling Agreement extension with Timothy Widger and Acacia Nursery Inc. attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Mayor is hereby authorized to execute it on behalf of the Town and on behalf of John and Jane Doe's I through V in their official capacities. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 20th day of October, 2009. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regular Council Meeting -October 20, 2009 -Page 21 of 59 TOLLING AGREEMENT This Tolling Agreement, effective upon the date designated below, is between Timothy Widger, an individual; Acacia Nursery, Inc., an Arizona corporation; the Town of Marana, a political subdivision of the State of Arizona; Holly Orloff, as an individual, in her official capacity as Zoning Inspector in the Marana Planning Department, and on behalf of her marital community; Robert Clements, individually, in his official capacity as Planner in the Marana Planning Department, and on behalf of his marital community; Francisco Rodriguez, individually, in his official capacity as Building Inspector in the Marana Planning Department, and on behalf of his marital community; and John Does I-V and Jane Does I-V, in their official capacities as employees of the Town of Marana. RECITALS 1. Timothy Widger ("Widger") is a resident of Arizona and President of Acacia Nursery, Inc. ("Acacia"), an Arizona corporation that operates a plant nursery and tree farm at 8080 W. Tangerine Road in Marana, Pima County, Arizona. 2. Widger and/or Acacia may have the right to assert legal action against the Town of Marana; Holly Orloff, individually, in her official capacity, and against her marital community; Robert Clements, individually, in his official capacity, and against his marital community; Francisco Rodriguez, individually, in his official capacity, and against his marital community; and John Does I-V and Jane Does I-V, in their official capacities as employees of the Town of Marana (collectively, the "Marana Group"), for claims including, but not limited to, an Equal Protection claim under 42 U.S.C. § 1983 and a violation of Fourth Amendment Rights claim also under 42 U.S.C. § 1983, arising out of or relating to the Marana Group's actions with respect to an improper search of Widger's and/or Acacia's property and discriminatory enforcement of the law against Widger and/or Acacia. 3. The Marana Group desires to avoid having Widger and/or Acacia file any such legal action against it, to preserve Widger's and/or Acacia's rights against the Marana Group, and to toll any statutes of limitations applicable to any claims that Widger and Acacia may have against the Marana Group until May 1, 2010. 4. The parties hereto, for promises made and other valuable consideration had and received from one another, stipulate and covenant that any filing deadlines based on any statutes of limitation that may be applicable to the commencement of a lawsuit by Widger and/or Acacia against the Marana Group for claims including, but not limited to, claims under 42 U.S.C. § 1983, are hereby further extended, waived, and tolled from the date of execution of this agreement up to and through May 1, 2010. The parties agree that the purpose of this agreement is to preserve the status quo of their respective legal positions while they work on amicable resolutions of any issues they may have. 5. The parties hereto further agree that any defenses, equitable or otherwise (including, but not limited to, equitable estoppel, waiver, laches) that may have existed as of the date of Regul~~~cil Meeting -October 20, 2009 -Page 22 of 59 Page 1 of 2 EXHIBIT A execution of this agreement will not be affected by this agreement and remain available for assertion by any party hereto up to and through May 1, 2010. 6. The parties hereto represent and warrant that the persons executing this agreement on their respective behalf are so authorized to enter into, bind, and to execute this agreement and each intends that its representations and warranties be relied upon. DATED this day of October, 2009. TOWN OF MARANA By: Mayor of Marana TOWN OF MARANA For John and Jane Does I-V in their official capacities By: Mayor of Marana ' HOLLY ORLOFF In her individual and official capacities and on behalf of her marital community By: Holly Orloff ROBERT CLEMENTS In his individual and official capacities and on behalf of his marital community By: Robert Clements FRANCISCO RODRIGUEZ In his individual and official capacities and on behalf of his marital community By: Francisco Rodriguez TIMOTHY WIDGER AND ACACIA NURSERY, INC. By: Timothy Widger Regul~~$~cil Meeting -October 20, 2009 -Page 23 of 59 Page 2 of 2 EXHIBIT A ~`i~~ MARAi~ ~~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, October 20, 2009, 7:00:00 PM To: Mayor and Council From: Jocelyn C. Bronson ,Town Clerk Strategic Plan Focus Area: Not Applicable Item C 3 Subject: Resolution No. 2009-183: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a New No. 12 (Restaurant) liquor license submitted by Hien T. Ma on behalf of Chopstix Fine Asian Dining II located at 8225 N. Courtney Page Way, #191 Discussion: Hien T. Ma, on behalf of Chopstix Fine Asian Dining II is applying for a new No. 12 (Restaurant) liquor license for premises located at 8225 N. Courtney Page Way, #191. The State Department of Liquor Licenses & Control has completed a background investigation and has forwarded two copies of an application for a spirituous liquor license in accordance with the State of Arizona Guide to Arizona Liquor Laws. One copy of the application has been posted on the front of the proposed licensed premises for 20 days prior to this meeting. The Council, as the appropriate governing board, must hold a meeting and either approve, disapprove or offer a "no-recommendation" decision on the application. This action must take place within 60 days of the filing of the application. If the application is approved at the appropriate government level, and no written protests have been received by the Town, and if there is no objection by the Director, the application will be approved. This process normally takes 90 days after the filing of the application. If the governing body disapproves the application or offers a "no-recommendation" decision, or if protests have been filed, the application must be set for a hearing before the State Liquor Board. The hearing may be conducted by the board or by a designated hearing officer. The purpose of a hearing is to consider all evidence and testimony in favor of or opposed to the granting of a license. The applicant for a new license bears the burden of demonstrating his or her "capability, qualifications and reliability" and that the granting of a license is in "the best interest of the community" except that, in aperson-to-person transfer, an applicant need only prove his or her "capability, qualifications and reliability". An applicant in alocation-to-location transfer need only prove that the granting of the license is in the "best interest of the community". Regular Council Meeting -October 20, 2009 -Page 24 of 59 The decision by the board to grant or deny an application will normally take place within 105 days after the application has been filed, unless the director deems it necessary to extend the time period. A.R.S. 4-201, 4-201.01, 4-203; Rule R-4-15-102. A copy of the application is on file with the Town Clerk and is not contained with these materials. ATTACHMENTS: Name: Desct-il~tion: Type: D Approval_R.eso.._-. Option 1: P,pprcval Reso Resaiution C. hopst.x..do..c ^ Disapproval Reso_- Ghopstixdoc Option 2: Disapproval Reso Resoiutian Staff Recommendation: Staff recommends approval and recommendation to the state liquor board for this liquor license. Suggested Motion: OPTION 1: I move to adopt Resolution No. 2009-183, approval and recommendation to the State Liquor Board for a New No. 12 (Restuarant) liquor license submitted by Hien T. Ma on behalf of Chopstix Fine Asian Dining II located at 8225 N. Courtney Page Way, #191. OPTION 2: I move to disapprove Resolution No. 2009-183, with a recommendation of disapproval to the State Liquor Board for a New No. 12 (Restuarant) liquor license submitted by Hien T. Ma on behalf of Chopstix Fine Asian Dining II located at 8225 N. Courtney Page Way, #191. Regular Council Meeting -October 20, 2009 -Page 25 of 59 MARANA RESOLUTION N0.2009-183 RELATING TO LIQUOR LICENSES; APPROVAL AND RECOMMENDATION TO THE STATE LIQUOR BOARD FOR A NEW NO. 12 (RESTAURANT) LIQUOR LICENSE SUBMITTED BY HIEN T. MA ON BEHALF OF CHOPSTIX FINE ASIAN DINING II LOCATED AT 8225 N. COURTNEY PAGE WAY, #191 WHEREAS, pursuant to A.R.S. Section 4-201, the Town Council of the Town of Marana is empowered to recommend approval or disapproval of a liquor license request to the Arizona Department of Liquor Licenses and Control; and WHEREAS, Hien T. Ma has applied for a New No. 12 (Restaurant) liquor license on behalf of Chopstix Fine Asian Dining II, for premises located at 8225 N. Courtney Page Way; and WHEREAS, Town staff filed one copy of the application in the office of the Town Clerk, and posted the other on the premises at 8225 N. Courtney Page Way for 20 days along with a statement requiring any bona fide resident residing, owning, or leasing property within a one mile radius in favor of or opposed to such issuance of the license to file written arguments in favor of or opposed to such issuance with the Town Clerk; and WHEREAS, the Town Council considered all statements filed by the applicant and any bona fide resident at a public meeting on October 20, 2009, and has determined that it is in the best interests of the Town and its citizens that the application for a New No. 12 (Restaurant) liquor license on behalf of Chopstix Fine Asian Dining II, filed by Hien T. Ma for premises located at 8225 N. Courtney Page Way be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Town recommends the application for a New No. 12 (Restaurant) liquor license on behalf of Chopstix Fine Asian Dining II, filed by Hien T. Ma for premises located at 8225 N. Courtney Page Way be approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 20~' day of October, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -October 20, 2009 -Page 26 of 59 MARANA RESOLUTION N0.2009-183 RELATING TO LIQUOR LICENSES; RECOMMENDATION OF DISAPPROVAL TO THE STATE LIQUOR BOARD FOR A NEW NO. 12 (RESTAURANT) LIQUOR LICENSE SUBMITTED BY HIEN T. MA ON BEHALF OF CHOPSTIX FINE ASIAN DINING II LOCATED AT 8225 N. COURTNEY PAGE WAY, #191 WHEREAS, pursuant to A.R.S. Section 4-201, the Town Council of the Town of Marana is empowered to recommend approval or disapproval of a liquor license request to the Arizona Department of Liquor Licenses and Control; and WHEREAS, Hien T. Ma has applied for a New No. 12 (Restaurant) liquor license on behalf of Chopstix Fine Asian Dining II, for premises located at 8225 N. Courtney Page Way, #191; and WHEREAS, Town staff filed one copy of the application in the office of the Town Clerk, and posted the other on the premises at 8225 N. Courtney Page Way, #191 for 20 days along with a statement requiring any bona fide resident residing, owning, or leasing property within a one mile radius in favor of or opposed to such issuance of the license to file written arguments in favor of or opposed to such issuance with the Town Clerk; and WHEREAS, the Town Council considered all statements filed by the applicant and any bona fide resident at a public meeting on October 20, 2009, and has determined that it is in the best interests of the Town and its citizens that the application for a New No. 12 (Restaurant) liquor license on behalf of Chopstix Fine Asian Dining II, filed by Hien T. Ma for premises located at 8225 N. Courtney Page Way, # 191 be disapproved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Town recommends the application for a New No. 12 (Restaurant) liquor license on behalf of Chopstix Fine Asian Dining II, filed by Hien T. Ma for premises located at 8225 N. Courtney Page Way, #191 be disapproved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 20~' day of October, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -October 20, 2009 -Page 27 of 59 REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, October 6, 2009, at or after 7:00 PM Ed Honea, Mayor Herb Kai, Vice Mayor Russell Clanagan, Council Member Patti Comerford, Council Member Carol McGorray, Council. Member Jon Post, Council Member Roxanne Ziegler, council Member REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL Mayor Honea called the meeting to order at 7:04 p:m. Council Member Ziegler was excused. All other Council Members were present. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE Mayor Honea led the pledge of allegiance and moment of silence. APPROVAL OF AGENDA Motion to approve moved by Coutzcil Member McGorray, second by Vice Mayor Kai. Motion carried unanimously 6-0." CALL TO THE PUBLIC David Morales discussed his concerns that the Council is not considering the question of the town becoming a city to the voters. He suggested to Council in 2011 during the election cycle that the question could be put on the ballot of becoming a city. Option was the word he wanted the Council to consider. He urged Council to put this question on the ballot. PRESENTATIONS P 1: Presentation: Relating to the Marana Regional Airport; providing an update on the Marana Regional Airport three to five year short range plan with the objective of increasing aviation and non-aviation revenues and asking for direction Regular Council Meeting -October 20, 2009 -Page 28 of 59 Barbara Johnson introduced Orville Saling to make the presentation with specific reference to the downturn in economy requiring the airport to become an enterprise project to relieve some of the funding burden on the town. He suggested that bringing in corporate aviation would bring competition and promote growth opportunities. He noted that the plan is to grow the airport about 5 percent per year. Toward this end is the development of a corporate aviation center with light industry and an opportunity to spend more time in Marana. He asked Council for concurrence to go forward and explore these possibilities. Council Member Clanagan asked about the staff on hand to assist with the goals and why a manager isn't being hired. Mr. Davidson addressed this and noted that this is a salary modification from the previous airport director's position. He stated that the position is a critical position for the future development and is very labor intensive. The position requires someone with more aviation experience than is currently available on staff Mr. Saling noted that the position requires someone with more operational rather than development experience. Vice Mayor Kai noted that many „. improvements at the airport came from grants and there is a need for someone with the ability to attract these kinds of funds. Mr. Saling addressed that there is staff currently able to get the grants, but that the availability of grants are`few and far between now. Council Member Comerford asked what the timeframe is to bring this back. Mr. Saling noted three to five years to get the project built up, but we should not let too much time pass so that we're prepared when the economy picks up. Mr. Davidson added that the airport discussions have been tied into the economic development roadmap for future development and that it is important to continue to invest in the airport ANNOUNCEMENTS /UPDATES PROCLAMATIONS (1) Arizona Cities & Towns Week (2) Marana Senior Center Day Ms. Bronson read this proclamation into the record. Marilyn Payton, recreation coordinator at the senior center, thanked the Council for their support. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Clanagan -spoke about the rededication of Sportspark to Mike Jacobs Sportspark. Mayor Honea -attended the Oro Valley State of the Town event; discussed business and industry and the partnership with the Chamber of Commerce -the Mayor toured the Johns Manville, Krebs Engineering, and Lasertel facilities last week and noted that Marana is not only a retail and hotel/motel source of commerce. There are over 1000 jobs at the businesses he visited. He asked for support to keep these kinds of businesses in Marana. He also attended the ribbon cutting for Sunflower Farmers Market hosting 450 people. Cutter Point Coffee and Golden Corral have had or are having grand openings, and he noted many businesses coming to Marana. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Regular Council Meeting -October 20, 2009 -Page 29 of 59 Gilbert Davidson noted that the Executive Report is undergoing modifications and will be available at the October 20th meeting. A special session of Council is scheduled on October 27th at 6:00 p.m. October 21 at 9:00 a.m. is the groundbreaking for the Camino de Maiiana/Dove Mountain extension. Invitations are in the process of being sent out. He noted that this is a regional connective project. Council Member Clanagan asked if there were any other changes to the Council meeting schedule through the end of the year. Mr. Davidson stated that that would be up to the Council. STAFF REPORTS GENERAL ORDER OF BUSINESS CONSENT AGENDA Motion to approve moved by Council Member McGorray, second by Cocrncil Member Post. Motion carried unanimously 6-0. C 1: Resolution No. 2009-168: Relating to Development; approving a release of assurances for San Lucas Block 9 and acceptance of public improvements for maintenance C 2: Resolution No. 2009-169: Relating to Utilities; approving and authorizing the Utilities Director to execute agreements with the Northwest Water Providers in a total amount not to exceed $50,000 in FY 2010 in upport of-and directly relating to the development of a delivery system for the Town of Marana's Central Arizona Project water ~ C 3: Resolution No. 2009-170: Relating to Community Development; approving and authorizing full execution of an intergovernmental agreement with Pima County for the management and implementation of the 2009-2010 Community Development Block Grant program C 4: Resolution No. 2009-1?1: Relating to the Police Department; approving and authorizing full execution of a Subgrantee Agreement with the Arizona Department of Homeland Security for purposes of receiving funds under the 2009 Homeland Security - Urban Security Initiative Grant Program C 5: Resolution No. 2009-172: Relating to Community Development; authorizing an agreement between the Marana Chamber of Commerce, Inc. an Arizona 501(c)(6) non- profit organization to support the Marana Visitor Center and economic development activities performed on behalf of the Town of Marana C 6: Resolution No. 2009-173: Relating to Community Development; granting $36,000 in Funding to the Marana Western Heritage Committee, Inc. an Arizona 501(c)(3) non- profit organization to support youth activities at the Marana Heritage Arena Regular Council Meeting -October 20, 2009 -Page 30 of 59 C 7: Resolution No. 2009-174: Relating to the Police Department; approving and authorizing the Town Manager to execute two Subgrantee Agreements with the Arizona Department of Homeland Security for purposes of receiving funds under the 2009 Operation Stonegarden Grant Program C 8: Resolution No. 2009-175: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a New No. 12 (Restaurant) liquor license submitted by Yun X. Lu on behalf of New Town Buffet located at 8500 N. Cracker Barrel Road C 9: Resolution No. 2009-176: Relating to Liquor Licenses; recommendation of approval to the State Liquor Board for permanent extension of premises for the Ritz Carlton Golf Club Dove Mountain located at 6501 Boulder Bridge Pass, Marana, Arizona C 10: Minutes of the September 15, 2009 regular council meeting COUNCIL ACTION A 1: PUBLIC HEARING: Ordinance No. 200920: Relating to Development; approving a rezoning for Marana Mercantile, on approximately 39.09 acres located west of the I-10 Frontage Road and north of Marana Road This item and A.2 were taken concurrently. The Mayor opened the public hearing. There were no comments from the public. Mayor Honea closed the public hearing. The applicant has requested that this item be continued to the November 3, 2009 meeting. The request is entered into the record A 2: Resolution No. 2009-160: Relating to Development; approving a retail development tax incentive agreement regarding the Marana Mercantile development project and authorizing the Mayor to sign it '` Mr. Cassidy presented and updated on'some of the zoning specific changes and conditions of rezoning of the development agreement that are being addressed and clarified. (1) There are now added cross sections to each of the roads so that there is no question about what infrastructure elements are included. (2) As originally presented, there was no reimbursement for the Shoefly Road. The new version provides aone- fourth of the cost reimbursement for the Shoefly Road. That was revised to recognize that there is some public benefit for a road that might be in place for a long time. (3) If Uptown in the future wants to use that Shoefly Road which is between the two developments, they should pay their share agreement between the developers or there would be no access. (4) Clarified ADOT participation for ADOT permits at the time the roads are added. (5) With respect to the zoning conditions 5, 6 and 7 restated the dedication language as it relates to the road turning to the north. (6) Condition 6 -the Uptown Condition regarding the concurrency requirement -gives the overview of what roadway improvements will have to be constructed as part of the rezone. (7) Modification to Condition 7 -Traffic Studies. Language was added for clarification of Condition 6 - paying the proportionate share. Marana Mercantile will have to pay their share. Regular Council Meeting -October 20, 2009 -Page 31 of 59 Michael Racy representing Desert Troon, the property owners, commented regarding Council's patience with the many continuances. He believes the vast majority of discussion has been clarifying rather than changing conditions. He noted that it aligns both the private and public sector interests as a package. Council Member Post asked for the materials at least 10 days before the Council meeting. Mr. Racy assured Council that this would happen. The changes to the three conditions in the development agreement will hopefully be made within the next couple of days. Mayor Honea stated concerns over parts of the reimbursement process and the fact that there's no time period when the project needs to get moving. He suggested an incentivized timeframe. The development agreement doesn't set fc~~th a time frame. He wanted discussion to agree to something concrete to obligate both sides and not leave it open as to when to start. Mr. Racy responded that there ar~,th%ngs in the agreement that his client is not keen on. They have committed to build the Marano Main Street which they have no nexus with on this project and to front that cost and get reimbursed. That's an exceptional item at any time but especially in this economic environment. They've agreed to a one percent reduction in the interest rate and aphase-down in the interest rate if they don't perform within a time certain. The}I've agreed to a sunset on provisions on any new commercial impact fees which create a very great incentive towards them moving forward further. They've agreed to a balance of the condition that if they don't perform, they'll have us forced to reevaluate things in the future. So he thinks they've put in a number or carrots and a number'of sticks to accomplish the sorts of things that you would like to accomplish. You all know a partner in this project is Walmart. Upon the zoning becoming final, they purchase'SO% of this site. They don't purchase sites to have them sit as vacant land. That's not what Walmart does. They purchase sites to build stores on them. Desert Troon, the partner on the balance of it is a vertical property developer. Very different from our neighbor. Very different from the other owners of this property. But in this economic climate, if they try to put an arbitrary drop-dead date in it rather than the kinds of creative incentives i=hat they've spent a year working on with management and staff, he honestly believe it may kill the deal. Economic times are that difficult. This is the only project of its type that I'm aware of that's even moving forward in southern Arizona -one of very few in the whole state. Target, who used to open 200 ~:: stores a year, will probably not open a dozen this next year. Home Depot - in the same category. Walmart is about the only company that's still moving forward. Will they hit their real estate',eommittee date which is very soon on this site? I don't know if they will in this economy.'-But you've got the best assurance you can have with this team that ifll go forward as discussed- and as planned. And if it doesn't, there are no obligations of the town, no impediments to the town, in fact, part of what they've worked on are the opportunities that if other larger players come in, they can do an improvement district to accelerate some of these and then all the requirements of this agreement and the town's reimbursement are all adjusted and reconciled, and it's some of those details that have taken us so long to work out on this because two years ago we embarked on a big effort to put an improvement district together. At that point the Cordon Company had a commercial developer that was interested in their commercial site. Meritage and Standard Pacific were still moving forward. You had projects north of town center that were moving forward. All of those are gone at this point. So this is the only one that's alive, and I think we've spent a lot of time... The only one of those big projects Misted - there's another developer doing some small stuff in that area, and I've met with them and Regular Council Meeting -October 20, 2009 -Page 32 of 59 we hope to coordinate some of it. But I'd be very, very cautious of an arbitrary drop- dead date. Long answer but - but a really important issue. I know we've spent time on it before, but it's -it's really important to my client. Mr. Davidson statedthat staff would certainly take the time to review the agreement and work with Mr. Racy and the client to look at all the triggers - and a number of them have been mentioned tonight -looking at both the incentive side and the timeframes that are involved here, and we'll make sure that when we come back on the 3rd that we're able to clearly lay that out and highlight what those items are. If there are opportunities to reinforce, we'll certainly to do that come back and provide that with our final recommendation, but we'll work with Mr. Racy to make sure that~,~ve've clearly outlined what all of the triggers are with this agreement. Motion by Council Member Clanagan, second by Council Member Post to continue this item to November 3, 2009. Motion carried unanimously 6-0. A 3: Resolution No. 2009-177: Relating to Streets; modifying the Marana Major Routes Plan right-of--way width for Adonis Road to account for the relocation of the linear drainage buffer to an area adjacent to the Union Pacific Railroad Presented by Keith Brann. He noted that he had made a single presentation for Resolution No. 2009-177 and Resolution No. 2009-178, both of them relate to the Tangerine Interchange and some of the designs that are coming out of that project. He gave some background on the Town's Major Routes Plan adopted in 2002 and the right of way plan for various arterial roads throughout town. He noted some modifications to the Major Routes Plan -the Marana Road Realignment with the Marana Mercantile and Uptown developments. He also noted the resolution that moved the Tangerine interchange. Adonis Road falls in the same category as many of the town's arterials roads in the northwest with a 250=foot right of way. To date, Tangerine Farms Roads uses this section with the basins. Moore Road and in front of Gladden Farms, the linear drainage buffer'has been built. He discussed additional drainage issues and the problems with a drainage buffer newt to the right of way. The Adonis resolution is not really a narrowing of the right of way:. it's just taking a drainage buffer and relocating it. The Tangerine resolution takes into account that the town's current Major Routes right of way uses a 350-foot right of way for Tangerine Road. That was put into place due to the possibility of a frontage road system on Tangerine Road to reduce the number of major intersections so you could have a type facility. It also will accommodate the massive slopes needed for interchange construction as you go over the railroad. The proposal tonight is to narrow the right of way to 200 feet because in the area close to the interchange there will not be a frontage road system. Also, the design of the Tangerine interchange has taken away some of the uncertainty of how big the right of way is needed in that there are constructing this on retaining walls which drastically reduces the need for right of way. Reducing the right of way will allow more developable area around the interchange. Council Member McGorray asked a question regarding which side of the current Tangerine Road would go to Oro Valley. Mr. Brann stated that the proposal before Council doesn't affect Tangerine Road once you get past Trico. After that there is still a possibility of frontage roads and they want to keep the right of way the way it is. He also noted that there would not be any drainage basins on Tangerine Road. The Tangerine TI has some drainage in it, some of which will be public, but not linear basins Regular Council Meeting -October 20, 2009 -Page 33 of 59 that are part of the right of way. Motion by Council Member Comerford, second by Council Member Post, passed unanimously 6-0. A 4: Resolution No. 2009-178: Relating to Streets; conditionally reducing the Marana Major Routes Plan right-of--way width for Tangerine Road in the vicinity of Interstate 10, and providing for the automatic repeal of this resolution if the currently pending Tangerine Road/Interstate 10 traffic interchange design is not implemented See discussion above on this item. Ms. Bronson read this item into the record prior to the motion. Motion by Council Member McGorray, second by Dice Mayor Kai. Passed unanimously 6-0. At this time, Mayor Honea noted that he had neglected to introduce a special guest during Call to the Public, and he asked Representative Pat Fleming to come forward. Rep. Fleming (LD 25) addressed Council and stated t1~at she was happy to be back in the area. She wanted to pay her respects to the Council and the public and for all to continue to work for the best possible outcomes during the difficult times. A 5: Resolution No. 2009-179: Relating to Personnel; approving and authorizing an amendment to the Fiscal Year 2009-2010 temporary salary schedule adopted by the Town Council on June 23, 2009; adding the title and salary range for an Airport Manager, and declaring an emergency Presented by Suzanne Machain. She referred to the. plans for the airport given in an earlier presentation. One of the components. of that presentation was the hiring of an interim airport director. She noted that a description has been developed as well as a salary from data that was collected by comparator cities and other municipality airports of similar structure and size. She requested adoption of the resolution. Mayor Honea asked what she meant by a term limited appointment. Ms. Machain noted that it was not considered a classified, regular full time employment. The Public Services General Manager had indicated that because the airport will be growing, hiring someone in a temporary capacity would be more appropriate until more growth has occurred. This would be a term limited employee.' Council Member Clanagan asked what would trigger the change. Ms. Machain responded that as the airport evolves -and perhaps Barbara Johnson would be abetter person to speak to this -there will be a point in time when we would want a higher level of responsibility overseeing the airport. Motion by Council Member Comerford, second by Council Member McGorray. Passed unanimously 6-0 by roll call vote. A 6: Resolution No. 2009-180: Relating to Administration; approving a Social Media Use Administrative Directive for Town of Marana employees and elected and appointed officials; and declaring an emergency Presented by Gilbert Davidson, who noted that at the September 15, 2009 meeting, the Council approved an administrative directives process. The social media policy presented tonight falls into that category. He described the six items of the policy, and included the requirement for compliance with state law. Motion by Council Member Regular Council Meeting -October 20, 2009 -Page 34 of 59 Comerford, second by Council Member McGorray. Passed unanimously 6-0 by roll call vote. BOARDS, COMMISSIONS AND COMMITTEES ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Legislative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature Steve Huffman presented this item. He briefly thanked Rep. Fleming and for her work representing Marana. He noted the League of Cities and Towns is getting together intergovernmentals on Friday regarding the impending session in November. Part of the discussion will be what is expected and the impact on some of the budget bills that were passed in the last session. He will report to Council on thaw. He also provided the latest numbers as of August 2009 from the Joint Legislative Budget Committee. The current shortfall in FY 2010 between $1B and $1.5B. In the most recent year to date analysis of what they projected, the state's below their anticipated revenue collection for this fiscal year by $80M, so the projections are already falling: short which continues to compound the problems currently faced. August was the 13a' straight month with a double digit decrease of revenues into the state general fund. The Governor asked all state agencies to put together a plan for how they would reduce 15% of their current spending. This. compounds what is currently being spent to operate well in excess of the revenues coming in. The bottom line is that although JLBC is saying there's a $1.SB shortfall, there is about $lOB worth of spending moving forward and about $7B of revenue. That gap must be closed through'revenue, spending. cuts or one-time bonds. As of August JLBC reports that $18~1M available from the unconditional stimulus money is down about $80M of debt - so'over half has been spent. EXECUTIVE SESSIONS E 1: Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legaL,advice with the Town Attorney concerning any matter listed on this agenda. E 2: Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), discussion or consultation for legal advice with the Town's attorneys and discussion and to consider its position and instruct the Town Manager and staff concerning possible acquisition of certain water infrastructure and accounts and water rights and/or resources E 3: Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), discussion or consultation for legal advice with the Town's attorneys and discussion and to consider its position and instruct the Town Manager and staff concerning (1) the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008-001131, (2) pending legal issues, settlement discussions and contract negotiations relating to the transition of Marana wastewater collection and treatment to the Town of Marana Regular Council Meeting -October 20, 2009 -Page 35 of 59 FUTURE AGENDA ITEMS Council Member Clanagan asked again if Council had plans for additional meetings through the end of the year. The Council Retreat was mentioned and noted on November 14. ADJOURNMENT Motion to adjourn moved by Council Member Post, second by Council Member McGorray. Motion carried unanimously 6-0. The meeting was adjourned at 8:26 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on October 6, 2009. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk Regular Council Meeting -October 20, 2009 -Page 36 of 59 =~ 1 ~ 1~~~ 4~~. .o.,. o, ..~.~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, October 20, 2009, 7:00:00 PM To: Mayor and Council Item A 1 From: Suzanne Machain ,Human Resources Director Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2009-184: Relating to Personnel; approving an amendment to the Fiscal Year 2009-2010 temporary salary schedule adopted by the Town Council on June 23, 2009; adding the title and salary range for a Regional Emergency Response Planner; and declaring an emergency Discussion: The attached resolution accomplishes an amendment to the Town's current FY 2009-2010 Temporary Salary Schedule adding a new classification and salary range for a Regional Emergency Response Planner. The Tucson Urban Area Security Initiative (TUASI) Cooperative, of which the Town of Marana is one member among five, applied and received a federal grant with a goal to create and staff a regional planning cooperative to coordinate planning efforts in support of the Arizona State Homeland Security Initiatives. The Towns of Marana, Oro Valley, and Sahuarita, City of Tucson and Pima County will each receive funding to staff one full time emergency response planner position. Under the supervision of their respective jurisdictions, this team of five planners will work in partnership with a focus towards mitigating the concerns, threats and challenges that face our region and nation by ensuring the missions of emergency preparation and homeland defense take priority. The planned work for this team of five members includes assisting in planning, development, delivery and evaluation of preparedness and response training in cooperation with administrators and subject matter experts from across the TUASI1Pima County region. Members of this group will also assist with planning, conducting and evaluating exercises to assist local jurisdictions in emergency planning and management in response to any disaster and/or man made emergencies. They will. also assist in organizing, planning, revising and updating regional Emergency Operations Plans for public safety disaster response. The recommended salary range for this classification is $45,000 to $60,000. Because future funding beyond one year for this grant funded position is uncertain, it is recommended that this position be filled by aterm-limited temporary appointment. An open competitive recruitment will take place upon the final execution of the grant agreement. Financial Impact: All costs associated with this position, including salary, benefits and other employee related Regular Council Meeting -October 20, 2009 -.Page 37 of 59 expenses, will be paid for through a federal grant. ATTACHMENTS: Name: l~escriptiot~: Type: ~ Reso. re.amendment_to temp salary schedule Resolution Resolution (00017588).DOC D EX_A_FY 2009-10 Tem ora Solar Schedule FY 2009-20t 0 Temporary Salary Schedule Amended 10-20- _ P ry Y- 2009 exhibit Amended_ 10-20-09.pdf Staff Recommendation: Staff recommends that the FY 2009-2010 Temporary Salary Schedule be amended to include the Regional Emergency Response Planner classification with a salary range of $45,000 to $60,000. Suggested Motion: I move to adopt Resolution No. 2009-184, approving an amendment to the Fiscal Year 2009- 2010 temporary salary schedule adopted by the Town Council on June 23, 2009; adding the title and salary range for a Regional Emergency Response Planner; and declaring an emergency. Regular Council Meeting -October 20, 2009 -Page 38 of 59 MARANA RESOLUTION N0.2009-184 RELATING TO PERSONNEL; APPROVING AN AMENDMENT TO THE FISCAL YEAR 2009-2010 TEMPORARY SALARY SCHEDULE ADOPTED BY THE TOWN COUNCIL ON JUNE 23, 2009; ADDING THE TITLE AND SALARY RANGE FORA REGIONAL EMERGENCY RESPONSE PLANNER; AND DECLARING AN EMERGENCY WHEREAS the Marana Town Code, Section 3-1-3(C) and (D), creates and defines classes of Town employees known as term-limited temporary and short-term temporary employees; and WHEREAS on June 23, 2009, by Resolution No. 2009-104, the Town Council approved a salary schedule for temporary employees; and WHEREAS the Town Council finds that amending the temporary salary schedule as set forth in this resolution is in the best interests of the Town and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL, OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Town of Marana hereby approves the amended temporary salary schedule, attached to and incorporated by this reference in this resolution as Exhibit A. SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to implement the amended temporary salary schedule in Exhibit A. SECTION 3. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, an emergency is hereby declared to exist, and this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL, OF THE TOWN OF MARANA, ARIZONA, this 20t" day of October, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -October 20, 2009 -Page 39 of 59 {00017588.DOC /} Town of Marana TEMPORARY SALARY SCHEDULE FY 2009-2010 Intern Nonexempt $7.50 - Hourly Management Intern Nonexempt $12.00 - Hourly Inclusion Aide Nonexempt $10.00 $15.00 Hourly Lifeguard Nonexempt $10.00 - Hourly Lifeguard/WSI Nonexempt $10.50 - Hourly Sports Official Nonexempt $10.00 - Hourly Pool Manager Nonexempt $12.60 - Hourly Equipment & Logistics Coordinator Nonexempt $20.00 - Hourly Regional Emergency Response Planner Nonexempt $21.63 $28.85 Hourly Executive Fellow Exempt $32,304.40 Annually Airport Manager Exempt $55,000.00 $82,500 Annually Assistant to the Chief of Police Exempt $75,000.00 $90,000.00 Annually *Fair Labor Standards Act Adopted 06/23/2009 Amended 10/20/09 Regular Council Meeting -October 20, 2009 -Page 40 of 59 EXHIBIT A 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, October 20, 2009, 7:00:00 PM To: Mayor and Council Item A 2 From: Lisa Shafer ,Assistant Planning Director Strategic Plan Focus Area: Community Building Subject: Ordinance No. 2009.21: Relating to Annexation; annexing into the corporate limits of the Town of Marana that territory known as the Decker Drive annexation, being an area containing approximately 47 acres of land generally located at the northwest corner of Lambert Lane and Blue Bonnet Road alignments, including the adjacent rights-of-way for Camino de Manana, Decker Drive and Lambert Lane Discussion: This annexation of approximately 47 acres is located within Pima County, generally located at the northwest corner of Lambert Lane and Blue Bonnet Road alignments. The property lies within Section 11, Township 12 South, Range 12 East, of the Gila and Salt River Base and Meridian, Pima County, Arizona. All notification requirements have been properly complied with for this annexation as set forth in A.R.S. § 9-471. The blank annexation petition was recorded with the Pima County Recorder's Office on October l 3, 2009. The Town Council conducted a public hearing for this annexation on August 18, 2009. The Town has received signed petitions representing over 50% of the property owners and over 50% of the real and personal property value. The 2.2 acre parcel owned by Gerry and Elaine Carter is zoned Rural Residential (GR-1) in the County and the two remaining parcels owned by the Ying Family Trust are zoned Suburban Ranch (SR) in Pima County. The Carter parcel will translate to the Town of Marana zoning designation of R-36 (Single Family Residential with a minimum lot size of 36,000 square feet) and the Ying parcels will translate to R-144 (Single Family Residential with a minimum lot size of 144,000 square feet). Arizona Revised Statutes require the Council to approve a plan, policy or procedure that will provide the annexed territory with appropriate levels of infrastructure and services to serve the new development within ten years of the annexation becoming final. The Carter parcel currently has a residence and therefore has all necessary infrastructure to support that use. The remaining parcels have the same ability as others within the area to obtain electric via the service in the area, and utilizing a septic until such time that sewer may be extended to the area. Other properties in the area have drilled wells for water. The Town is currently planning to install sleeves in the Dove Mountain Road alignment as part of the Camino de Manana project to accommodate future extension of municipal water lines to the area. Regular Council Meeting -October 20, 2009 -Page 41 of 59 ATTACHMENTS: .'~ ante: DeSCripti Ot~: T'~=pe: ~ ORD re. Decker Dnye _ Annexation (00017600).DCiC Ordinance Ordinance ^ TOM-Annexation-Revised Legal.pdf Legal Description Bxhibit D Mares Location Map,pdf Location Map Backup Material ^ Signed Annexation . Petitions,pdf Signed Annexation Petitions Backup Material ^ Signed 207 Waivers.,pdf Sinned 207 Vdaivers Backup PG~aterial Staff Recommendation: Staff recommends adoption of Ordinance No. 2009.21, approving the approximately 47 acre Decker Drive annexation. Suggested Motion: I move to adopt Ordinance No. 2009.21, annexing into the corporate limits of the Town of Marano the approximately 47 acre Decker Drive annexation. Regular Council Meeting -October 20, 2009 -Page 42 of 59 MARANA ORDINANCE N0.2009.21 RELATING TO ANNEXATION; ANNEXING INTO THE CORPORATE LIMITS OF THE TOWN OF MARANA THAT TERRITORY KNOWN AS THE DECKER DRIVE ANNEXATION BEING AN AREA CONTAINING APPROXIMATELY 47 ACRES OF LAND GENERALLY LOCATED AT THE NORTHWEST CORNER OF LAMBERT LANE AND BLUE BONNET ROAD ALIGNMENTS INCLUDING THE ADJACENT RIGHTS-OF-WAY FOR CAMINO DE MANANA, DECKER DRIVE AND LAMBERT LANE WHEREAS, petitions, in writing, accompanied by a map or plot of said real property sought to be annexed have been filed and presented to the Mayor and Council of the Town of Marana, Arizona, signed by the owners of more than fifty percent of the value of the real and personal property and more than fifty percent of the persons owning real and personal property that would be subject to taxation by the Town of Marana as shown by the last assessment of said property, said property being contiguous to the Town of Marana, and not now embraced within its limits, asking that the property be annexed into the Town of Marana, and to extend and increase the corporate limits of the Town of Marana so as to embrace same; and WHEREAS, the Mayor and Council of the Town of Marana, Arizona, desire to approve the annexation petitions and extend and increase the corporate limits of the Town of Marana to include said territory, which is approximately 47 acres generally located at the northwest corner of Lambert Lane and Blue Bonnet Road alignments, described and illustrated in Exhibits "A" and "B", attached to and incorporated in this Ordinance by this reference; and WHEREAS, the Decker Drive annexation is an area within Section 11, Township 12 South, Range 12 East, of the Gila and Salt River Base and Meridian, Pima County, Arizona; and WHEREAS, the petitions set forth a true and correct description of all the exterior boundaries of the entire area proposed to be annexed to the Town of Marana and had attached thereto at all times an accurate map of the territory desired to be annexed; and WHEREAS, no alterations increasing or reducing the territory sought to be annexed have been made after the petition was signed by any owner of real and personal property in such territory; and WHEREAS, the zoning classifications on the property prior to annexation were "Pima County Zone GR-1 (Rural Residential) and SR" (Suburban Ranch); and WHEREAS, in order to establish original Town of Marana zoning without permitting densities or uses that are greater than those permitted in Pima County, the properties will translate to the R-36 zone (Single Family Residential) and R-144 zone (Single Family Residential) in the Town of Marana's Land Development Code; and Regular Council Meeting -October 20, 2009 -Page 43 of 59 Marana Ordinance 2009.21 {00017600.DOC /} --Page 1 of 2-- WHEREAS, the provisions of A.R.S. § 9-471, and amendments thereto, have been fully observed; and WHEREAS, proper and sufficient certification and proof of the foregoing facts are now on file in the office of the Town Clerk of the Town of Marana, together with a true and correct copy of the original petition referred to herein, which is on file in the office of the County Recorder. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona that: 1. The territory known as the Decker Drive annexation, described and illustrated in Exhibits "A" and "B", is annexed into the Town of Marana and that the present corporate limits are extended and increased to include the described area. 2. A copy of this Ordinance, Exhibits "A" and "B", and an accurate map of the territory hereby annexed to the Town of Marana, certified by the Mayor of the Town, shall be forthwith filed and recorded in the office of the County Recorder of Pima County, Arizona. 3. The zoning classifications of "Pima County Zones GR-1 and SR" (Rural Residential and Suburban Ranch) within the annexed area is hereby changed to "Town of Marana Zones R-36 and R-144" (Single Family Residential). PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 20~' day of October, 2009. Mayor Ed Honea ATTEST Jocelyn C. Bronson, Town Clerk Regular Council Meeting -October 20, 2009 -Page 44 of 59 Mazana Ordinance 2009.21 APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00017600.DOC /} --Page 2 of 2-- L'Al11Di1 t{~jj LEGAL DESCRIPTION ASTlYEXATION TO THE TOWN OF l~ZARANA The southeast quarter of the southeast quarter of Section 11, Township 12 South, Range 12 East, Gila and Salt River Meridian, and That portion of the southwest quarter of the southeast quarter of said Section 11 lying easterly of the existing westerly right-of--way line of Camino De Mariana as depicted in Docket 13422 at page 228 and Docket 13477 at pave 186 and Docket 13396 at page ~ 16, records of the county recorder of Pima County, Arizona, and That portion ofDecker Drive per Docket 13522 at page 722 as recorded with the county recorder of Pima County, Arizona, and The west 60 feet ofthe northeast quarter of the southeast quarter of Section 11, Township 12 South, Range 12 East, Gila and Salt River Meridian, per Book 23 at page 40 of Road Maps as recorded with the county recorder Pima County, Arizona. See Exhibit B attached hereto and made a part hereof. Prepared for and on the behalf of Psomas: Marano Project No. 2001-52 Psomas Project No. 7TMA037403 Patrick McGarrity RLS 49459 ~~y ~ ~ ~ 4 459 O FATRtGK McGARRITY oQ ~ s'sn~a ~ 9R~~ot~A ~.s P Regular C~O~~cbl7f~~~t n~gajobea~on14009xatPion~-~E~~~15r~evised.doc Pale ] of 2 ~~ ~E~ i WEST BECK ?ER ~1E CA DK DK ~ Dk. I I ~~ ~- )N PFOPOSED ANNETI~N SCALE: 1 " = 5Ot~' THE SE ,-~ OF THE vE ~ .8 ~ ~ ~ POI~TIOi~ OE THE NE s ~~w°~~.~a°~,a,,~~at ~„a ~ POF~TIJN CF' THE Slh~ ,~~ ~F' TF1E tE ~ OF T~ ~,za~ ~z-z3oo t~oi «,-~~~ SECTION 11. T 1; S. R 1 ~ E f°r ~o~ x2-~~a ""~°'°~°'~~" GILa ~ S.aLT RIB%ER 1~iERIDI~N, EI~IA COLNTY, aRIr.ONa rV,v,-~r-:l~eg~l~r~:ou~~ M~~g_~-October 20, 2009 -Page 46 of 59 ~=~Urt-~~s i?r~~j~~ hJ~L. ~1A;~~~=?.~~,3 DATB: JUE`! 200? QRA,WI~ BY: S~f Page 2 oi' 2 ,~, ;' , . ~ T --- ~ Decker Drive ~ -- ~~LL~~-_ _. _«. ~ ; Annexation ,, r~. ,~' ~ ~, - - ~~ --~- `' ~~ ~ ' CASE ANX0907-001 I ~~ ~~'~ f~v ~~~ ~ ~i:t~'," f~~, --W POTVIN LN-------- =Q ~~ ~~. O~ Pal v^~ G __Annexation Area _ W L:AMBERT.LN - --- _~_~ _ _ 0 ua z z O rn w J m z Request 0 450 900 ft. An annexation of approximately 47-acres located at the northwest corner of Lambert Lane and Blue Bonnet Road alignments. Data Disclaimer: The Town of Marana provides this map information 'As Is' at the request of the user with the understanding that is not guaranteed to be accurate, co r rect or complete and conclusions drawn from su ch information are the responsibility of the user. In no event shall The Town of Marana become liable to users of these ~ y ~ t d K2°u~a~Ltouri~~ I~I~e°{in"y I~`cto~ei~ 1b ~~Uy =~8 el~p~i~~~~l or consequential damages, including but not limited to time, money or goodwill, arising from the ANNEXATION PETITION DECKER DRIVE ANNEXATION TO THE HONORABLE MAYOR AND COUNCIL OF THE TOWN OE MARANA, . ARIZONA: We, the undersigned, being the owners of one-half or more in value of the real and personal property and more than one-half of the persons owning real and personal property, as shown by the last-assessment of said property by the County Assessor or by the Arizona Department of Revenue, which would be subject to taxation by the. Town of Marana in the event of annexation within the territory proposed to be annexed, which is described in the legal description attached to and incorporated in this Petition as Exhibit A, said territory being contiguous to the corporate limits of the Town of Marana, with the exterior boundaries of the territory proposed to be annexed shown on the map attached to and incorporated in this Petition as Exhibit B, request the Town of Marana to annex the described territory as provided in A.R.S. § 9-471. PROPERTY OWNER: PROPERTY ADDRESS PROPERTY DESCRIPTION (or parcel number or legal description) AZ STATE TAX CODE #: AUTHORIZED SIGNATURES{S) ~ ~~~-Date: ~- ~3 -off ~_ ~~Cti.~-~-i. Date: ~ , c~~• ~ Date: Date: (NOTE: Each signature must be dated.) Regular CounGib~~~ctober 20, 2009 -Page 48 of 59 ANNEXATIC}N PETITIQN DECKER DRIVE ANNEXATION TO THE HON©RABIJE MAYOR AND COUNCIL, OF THE TOWN OF MARANA, ARIZONA: We, the undersigned, being the owners. ofone-half or more: in value of the real and personal property and more than one-half of the persons owning real and personal property, as shown by the last assessment. of said property by the County Assessor or by the Arizona Department of Revenue; which would be subject to taxation by the Town of Marano in the event of annexation within the territory proposed to be annexed, which is described in the legal description attached. to and incorporated in this Petition as Exhibit A, said territory being contiguous to the corporate limits of the Town of Marano, with. the exterior boundaries of the territory proposed to be annexed shown an the map attached to and incorporated in this Petition as Exhibit B, request the Town of Marano to aruzex the described territory as provided in A.R.S. § 4-471. ~r l PROPERTY QWNER: ` t ~ ~ ~~-~ ~ ~-'~( c r~ S (...,. a.. PROPERTY ADDRESS: PROPERTY DESCRIPTION: (or parcel number or legal description) AZ STATE TAX CODE #: AUTHORIZED SIGNATURES(S) ~ _. ~°~__~,~ Date: ~ ~" ~ `'~ Date: Date: Date: (NOTE: Each signature must be dated.} Regular Councilg,~hpl7~r 20, 2009 -Page 49 of 59 EXHIBIT "A" LEGAL DESCRIPTION ANNEXATION TO THE TOWN OF MARANA The southeast quarter of the southeast quarter of Section 11, Township 12 South, .Range 12 Easf, Gila and Salt River Meridian, and That portion ofthe southwest quarter of the southeast quarter of said Section 11 lying easterly of the existing westerly right-of--way line of Camino De Mariana as depicted in Docket 1.3422 at page 228 and Docket 13477 at page 186 and Docket 13396 at page 516, records of the county recorder of Pima County, Arizona, and That portion of Decker Drive per Docket 13522 at page 722 as recorded with the county recorder of Pinta County, Arizona, and The west 60 feet of the northeast quarter of the southeast quat#er of Section 11, Township 12 South, Range 12 East, Gila and Salt River Meridian, per Book 23 at page 40 of Road Maps as recoxded «rith the county recorder Pima County, Arizona. See Exhibit B attached hereto and made a part hereof. Prepared for and an the behalf of Psomas: Marano Project No. 2001-52 Psomas Project No. 7TMA037403 Patrick McGarrity RLS 49454 P/aTRiCK MCGARRITY E 430741f}31Le~alslA»ncxatirn~~Annexation-SE4S 1 l_revised.doc page 3 of 2 Regular Council Meeting -October 20, 2009 -Page 50 of 59 1 i - - - - - -- _..-....._.-..._.-19... 12 C 9/4 I ~ - 60' PER BK. 23, PG. 4© _ _ ~ ~~y_-S .. ~ s I I ~~' ~' ~ ~ 1 %` I WESTERLY ROW '~'~•~ ''~~~ ,,. _~, DECKER DR. .~~~~,~ ~ ,<, r- _ PER OK. 13522, PG. 722 ~ ~~' ~ _ ~ PROPOSE© a , ~ A~~_ ti ~ ANNEXA.FiON WE57ERLY ROW `._..%_~~_ '~~ ~' , ; ~. <' CAiNiNO DE i~ANANA PER ';'~.; r:; ,~' :' DK. 13422, PG. 228 `"` , :<` DK. 13477, PG. 186 I DK. 13396, PG. 516. `;` <_ ~ } i r ~ i 1 III T ~ ~~`~~ •~~.~F, 12 L - - ~ - -- 14 14 13 ~ ~ ~ ~ ~ ~ pJ. L 7itmm £ud, Sd~ ItE. 3rtmn, iR 85719 id {520) 291"2300 {000) 441-3875 Fa (Si9~ A2-IYA .~.~xa•9~~~, h.~c;rc.c Pp~-cjc-ri lVc. 2~?t-52 P12e~ gu~a~ CounciltMeeting ~1g~c~o't EXHIBIT "B" PROPOSED ANNEXATION S<;ALE: 1" = 50G' THE cE ~ OF TI-IE SE a & A PORTION OF fiFIE NE ¢ & A PORTION OF THE S~'9 ~ OIi THE SE ~ OF SECTION11,T12S,RI2E GILA & SAI1'i' RIVER MERIDIAN, PIMA COUNTX, ARIZONA DA I E: JULY 2009 ~ CRAI~NN SY: Sivi 2009 -Page 51 of 59 Pags 2 of 2 CONSENT TO CONDITIONS OF ANNEXATION AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE NO.2009._ GERRY G. AND ELAINE L. CARTER, the owners of a portion of the land refened to in this instrument as the "Property", own that portion described as Assessor's Parcel number 21623074A, and THE PING FAMILY TRUST, the owner of the remaining portion of the land referred to in this instrument as the "Property" owns the portion described as Assessor's Parcel numbers 216230730 and 216230720, all of which are particularly described in Exhibit B attached to Marana Ordinance No. 2009._ (the "Annexation Ordinance") and incorporated by this reference in this instrument. The Property is the subject of Town of Marana annexation case number ANX0907-OOi, filed on behalf of the owners. The owners hereby agree and consent to all of the conditions imposed by the Annexation Ordinance, including all stipulations adapted by the Marana Town Council in conjunction with the approval of said Ordinance, and waive any right to compensation for diminution in value pursuant to Arizona Revised Statutes § I2-1134 that may now or in the future exist as a result of the approval of said Ordinance. The owners also consent to the recording of this document in the office of the Pima County Recorder, to give notice of this instrument and its effects to successors in interest of the Property, who shall also be bound by it. Dated this ?~ day of ~ , 2009. Gerry G. r, owner G- - _ r r ~ ~~ Elaine L. Carter, owner STATE OP ARIZONA ) County of Pima S5 The foregoing instrument was acknowledged before me on ~>nf~-,,,~3 , 2009 by Gerry G. Carter, Owner. _,_......__._.__ . My commission expires: b~7'3 Regula~ t[~~~[fbiC'~~7~grC~eBkZ~lgi3ivcP,4r~e~~rh'~~i59 ~. ......... . .._...~..........., ~jT Notary Public ~OFFiCI/aL SEAL ~~s~~ HEM 1_. VO _ a~ ., -'; H NUTARY PU8L1C•ARtZONA ~g a ,r° l"'if1~/a COUNTY ~` "'x b My Comm. Exp. Aprii 25, 2013 STATE OF ARIZONA County of Pima SS The foregoing instrument was acknowledged before me on~. a~K~~~-.. J3 , 2009 by Elaine L. Carter, Owner. t ('" My commission expires: Notary Public ' ~.~ ~ r; l S OFFIGfAE~ ~~Al~ Tyr ,~~ F~ Nf~i~~l C... VO N NOTARY ?'J~I.EC•AR120NA '~ ~~° PIMA, COt~{~TY ~~'~ # My Comm. Exp. April 25. 2013 OO1b5 OC! RegulaA ~~[IbN'~~7~R~g~e~k~i3ivc~ie~~i$~i59 CONSENT TO CONDITIONS (}F A,NNEX.ATIt)N AND WAIVER OF CLAIMS FOR POSSIBLE DII4IINUTION OF VALUE RESULTING FROM TOWN OF MAItANA ORDINANCE NO.2049. THE YING FAMILY TRUST, the owner of a portion of the land referred to in this instrument as the "Property", awns that portion described as Assessor's Parcel numbers 216230730 and 216230720, and, C3ERRY G. AND ELAINE L. CARTER the owners of the remaining partiou of the land referred to in this instrument as the "Property" awn the portion described as Assessor's Parcel number 21b23074A, ali of which are particularly described in Exhibit B attached to Marano Ordinance No.2009.~ (the "Annexation Ordinance") and incorporated by this reference in this instrument. The Property is the subjecfi of Town of Marano annexation case number ANX0907-00.1., filed an behalf of the owners. The owners hereby agree and consent to all of the conditions imposed.. by the Annexation Ordinance, including all stipulations adopted by the Marano Town. Council in conjunctiozi with the approval. of said Ordinance, and waive any right to compensation for diminution in value pursuant to Arizona Revised Statutes § 12-I 134 that may now ar in the future exist as a result of the approval of said Ordinance. The owners also consent to the recording of this document in the office of the Pima County Recorder, to give notice of this instrument and its effects to successors in interest of the Property, who shall also be bound by it. Dated this day of ~-e ~' ~r'`, 2009. BY.~ ~7 li~..a I'~cy_ ing~[~ua Lin, rustee STATE OF ARIZONA ) {6oooxxxx.DOC ~} Regular Cdttt~kMieet~'aj~ ~3t30~Y6~ ~-arg~8~ I 7f4 w ~ SAC. l 1 ~. ~ ~. WESTERLY ROW DECKER DR. PER DK. 1352..2, PG. 722 -'` WESTERLY ROW `.""~ . `~ CAMINO DE P~iANP,~~ PER DK. 1322, PG. 228 ©K. 13477, PG. 186 ~ E DK. 13396, PG 516-, ~, I 1 ~~ ~~ 21623072Q PROPOSEL} ~R1IUEXAT90N ppppryryE~~n~~~+~rr~~I{~Ay7~799,{r9~3pR~7' -: ;{-y~.' I"il U,[~VS.7L~ Ii1V 1V~~ts f. ;t tlSY ~~~~L..k( 1 r~ _ 500 ~G,~atu ~~,9 a ~a~~r~o~v v~ °~~x~ sW ~ a~~ ~rx~ ~~ ~ o ,~~ t3z~2zz`~ ~-~:<,_~93 .~c~rta~ >.l, ~r 1~ ~, ~ z~ >J czLa ~ s~~;~r ~~v~~z ~~~r~z~ ~~~t~ cac.~~°r~, ~,F~zo~a =~~~~ t~r~g;~~r2o, 2009 -Page 55 ~~E: vU~1' 2C~U9 DRr~WN BY. S p~~e z or z 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, October 20, 2009, 7:00:00 PM To: Mayor and Council Item D 1 From: Tom Ellis and Jennifer Christelman ,Parks and Rec Dir; Environmental Engineering Mgr Strategic Plan Focus Area: Recreation Subject: Relating to Parks and Recreation: discussion and direction regarding the Town's opportunity to exercise a prepayment option on its state land lease for the 2400 acre Tortolita Mountain Preserve Discussion: The purpose of this agenda item is to provide an update regarding the town's opportunity to exercise the prepayment option of its State Land lease for the 2400 acre Tortolita Mountain Preserve. The prepayment option allows the town to make a single lump-sum lease payment of about $8.9M instead of continuing to make annual lease payments for the remaining 89 years of the lease at a total cost of about $117M (not adjusting for the present value of future payments). Exercising the prepayment option of the lease will not give the town ownership of the land. The prepayment option simply reduces the cost of the lease over the remaining 89-year life of the lease. While the council previously approved assignment of this lease and its terms, staff wanted to make the council aware of an upcoming prepayment option deadline and reaffirm the council's initial decision to enter into a longer term lease. This item provides the history and background regarding this lease, the advantages and disadvantages of exercising the prepayment option and a preliminary discussion of a longer term strategy for preservation of this and potentially other open space and environmentally sensitive lands within the Town of Marana. BACKGROUND The Town of Marana obtained the 99-year State Land lease for the Tortolita Mountain Preserve in 2001 via an assignment. The lease term began on October 25, 2000. The primary purpose of the lease was to provide open space mitigation to offset development of Dove Mountain. The lease was intended to be an intermediate step, with the ultimate goal of finding a solution to protect this area in perpetuity. For a variety of reasons, including real estate market conditions, the most viable option to protect this land in the short-term was to obtain the lease. The terms of the lease include a provision granting the town the right to exercise a prepayment option no later than the beginning of the tenth year of the leaseOctober 25, 2009. As a result of this deadline, staff has analyzed the advantages and disadvantages of exercising this option, Regular Council Meeting -October 20, 2009 -Page 56 of 59 which will be the focus of our presentation to the council this evening. Currently, lease payments are made by the developer, as required under a development agreement relating to the land that includes the Ritz Carlton hotel. Once sales tax receipts from the Ritz Carlton reach $1 million annually, the town will be obligated to make the annual lease payments, which escalate over the 99-year lease, in increments of 10% every five years. The amount of lease payments over the entire remaining term of the lease will total approximately $11.7 million. Because of the substantial financial discount, staff has explored the advantages and disadvantages of exercising the approximately $8.9M prepayment option of the lease by the October 25, 2009 deadline. ADVANTAGES AND DISADVANTAGES OF EXERCISING THE BUY-OUT OPTION Exercising the prepayment option of the Tortolita Preserve lease, while potentially saving money over the term of the lease, will not give the Town outright ownership of the land. The only available way to fund the prepayment option by the October 25th deadline is to make the approximately $8.9 million prepayment out of the town's existing cash reserves and then issue debt to replenish the cash reserves. Staff worked with the Town's financial advisor's and outside bond counsel on the ability to use some form of tax exempt bond financing to prepay the lease. Based on outside bond counsel's review of the tax law, it was determined that the prepayment of this long-term lease does not qualify for tax exempt status. As such, the Town would not be able to issue tax exempt bonds to repay the Town for the prepayment. The Town could issue taxable bonds, however they would be issued at a significantly higher interest rate than tax exempt bonds. Any debt issuance must be weighed carefully in the current economic climate. Some concerns include: • Debt per-capita-can eventually effect bond rating. • Other major infrastructure projects for which debt is likely needed could be affected by bond rating and also impact debt per-capita. • A revenue source would need to be pledged for the repayment of the debt. Due to the uncertainty of the current economic climate, projections for sales tax revenues, including bed taxes from the Ritz Carlton, are lower than what was anticipated when the terms of the lease were originally negotiated. While the economy continues to stabilize, the town has adopted a cautious approach to evaluating sales tax trends, which includes a conservative outlook on issuing debt. Clearly, the greatest advantage to exercising the prepayment option of the lease is that the total lease payments will be reduced from approximately $117 million to approximately $8.9 million. However, as noted above, the current economic climate suggests caution in considering additional debt. It is also doubtful whether it makes sense to issue debt for a lease, which would not result in the ultimate ownership of this property. LONGER TERM STRATEGY The town's short and long-term goals are to continue to preserve and protect this land. The Town of Marana's Strategic Plan, Habitat Conservation Plan and Parks Master Plan all identify the importance of open space and habitat conservation as part of their goals and action strategies. The current lease provides the town with the ability through the year 2099 to protect this important and significant community asset. As an alternative to acquiring debt to lessen the financial impact over the remaining 89 years of the lease term, protection of this land may be considered as part of a larger discussion regarding open-space and habitat preservation throughout the town. This discussion is now ongoing through the HCP, the Parks Master Plan process and is also being touched on in Economic Roadmap discussions and the General Plan update. There are potentially a number of tools to permanently protect open space including Federal and State legislative action. Exploration of these tools will take some time, and ideally are approached holistically, integrating all of the planning efforts currently underway. In addition, because open space is an important community asset, this is a conversation that must Regular Council Meeting -October 20, 2009 -Page 57 of 59 include the public. For this reason, staff is recommending that the current lease with Arizona State Land for the 2400 acre Tortolita Preserve be continued without exercising the prepayment option. This minimizes the financial risk to the town during these difficult economic times, continues to allow the land to be protected for the foreseeable future and begins to set in motion a dialogue within the community about the long-term protection of open space throughout Marana. If it is the community's desire to permanently protect this land, the financial obligations under the lease could potentially be mitigated. Financial Impact: The Tortolita Preserve lease prepayment option will cost the Town $8.9 million, which must be funded initially out of cash reserves. Those reserves would then need to be replenished by issuing debt in order to retain an acceptable working cash flow. Expenditure of these funds WILL NOT result in ownership and/or permanent protection of this area. ATTACHMENTS: Name: Description: Type: No Atfavhrnents AEailable Staff Recommendation: Staff recommends the continuation of the lease for the Tortolita Preserve without exercising the prepayment option. This recommendation is based on minimizing financial risk to the town during these difficult economic times, while preserving the town's bonding capacity for other critical infrastructure projects. In addition, issuing bond debt for a lease that does not ultimately result in ownership of this area is not recommended. Staff does recommend continuing to pursue public engagement and discussions of alternative means available to permanently protect this land as is currently envisioned in a number of the town's planning and policy documents discussed above. Suggested Motion: Option 1: I move to direct staff to maintain the existing state land lease schedule for the Tortolita Preserve without exercising the prepayment option and to continue to pursue options to identify the community's desire for permanent protection of this area. Option 2: I move to direct staff to exercise the prepayment option on the state land lease for the Tortolita Preserve, to use cash reserves to make the payment required under the prepayment option, to initiate the sale of bonds to replenish the cash reserves and to continue to pursue options to identify the community's desire for permanent protection of this area. Regular Council Meeting -October 20, 2009 -Page 58 of 59 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, October 20, 2009, 7:00:00 PM To: Mayor and Council From: Steve Huffman ,Intergovernmental Affairs Administrator Strategic Plan Focus Area: Not Applicable Item D 2 Subject: Legislative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature Discussion: This item is scheduled for each regular council meeting in order to provide an opportunity to discuss any legislative item that might arise during the current session of the State Legislature. Periodically, an oral report may be given to supplement the Legislative Bulletins. ATTACHMENTS: Name: Description: Type: No Attachments Available Staff Recommendation: Upon the request of Council, staff will be pleased to provide recommendations on specific legislative issues. Suggested Motion: Mayor and Council's pleasure. Regular Council Meeting -October 20, 2009 -Page 59 of 59