HomeMy WebLinkAbout06/07/2011 AMENDED Regular Council Agenda Packet AA
�� \'
To"o MARANA TOWN COUNCIL
Amended on June 3, 2011 at 10:30 a.m. - REGULAR COUNCIL MEETING
NOTICE AND AGENDA
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, June 7, 2011, at or after 7:00 PM
Ed Honea, Mayor
Herb Kai, Vice Mayor
David Bowen, 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, please tur off or put in silent mode all pagers and cell phones.
Me eting Tim
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 Meeti
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
Regular Council Meeting - June 7, 2011 - Page 1 of 42
printed in Braille or large print, a signer for the hearing impaired, etc., will be accommodated. Such
special services are available upon prior request to the Town Clerk at least 10 working days prior to
the Council meeting.
Agen
Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers
or online at www..marana.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, June 06, 2011, 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 ALLEGIANCEANVOCATION/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.
Individuals addressing a meeting at the call to the public will not be provided with electronic
technology capabilities beyond the existing voice amplification and recording capabilities in the
facilities and the town's overhead projector /document reader. 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.
PROCLAMATIONS
MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS
MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS
PRESENTATIONS
P l: Presentatio to Personnel; recognition of employee Glenn Phillips for
going above and beyond the call of duty by administering emergency first aid to a
citizen in need (Gilbert Davidson )
P 2: Presentation. Relating to Special Events; update on the Star- Spangled
Spectacular/Fourth of July event (Josh Wright)
Regular Council Meeting - June 7, 2011 - Page 2 of 42
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
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 1: R No . 20 11-56: Relating to the Police Department; exempting the
Marana Police Department's undercover police vehicles from Arizona state laws
related to the designation of political subdivision motor vehicles; authorizing the
Chief of Police to renew existing vehicle registrations for undercover police vehicles
and to obtain vehicle registrations for new undercover police vehicles (Terry
Rozema)
C 2: Resoluti No. 2011-58: Relating to Intergovernmental Relations; authorizing Added Late
and directing Town of Marana representatives to propose, sponsor, and support the
adoption of resolutions by the 2011 Arizona League of Cities and Towns (Del Post)
C 3: Minutes of the May 13, 2011 joint study session, May 18, 2011 regular
meeting and May 24, 2011 special meeting
LIQUOR LICENSES
BOARDS, COMMISSIONS AND COMMITTEES
COUNCIL ACTION
A l: Resolution No. 2011- 57 _Relating to Community Development; approving
and authorizing the Mayor to execute a memorandum of understanding between the
Town of Marana and the Southern Arizona Arts and Cultural Alliance regarding the
presentation and promotion of artistic and cultural programs and events in the Town
of Marana (Josh Wright)
ITEMS FOR DISCUSSION/POSSIBLE ACTION
D 1: Legislative/Intergove Report: regarding all pending state and federal
legislation and report on recent meetings of other legislative bodies (Gilbert
Davidson)
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 (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 - June 7, 2011 - Page 3 of 42
E 3: Executive Session pursuant to A.R.S. §38- 431.03 (A)(1) to discuss and
evaluate the performance of Town Manager Gilbert Davidson
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 - June 7, 2011 - Page 4 of 42
LARIA
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, June 7, 2011, 7:00:00 PM
To: Mayor and Council Item P 1
From: Gilbert Davidson , Town Manager
Strategic Plan Focus Area:
Not Applicable
Subject: Presentation: Relating to Personnel; recognition of employee Glenn Phillips for going
above and beyond the call of duty by administering emergency first aid to a citizen in
need
Discussion:
On April 22, 2011 Glenn Phillips, Engineering Technician, went above and beyond the call of
duty by giving immediate medical attention to a citizen in distress. Mr. Phillips took decisive
action to provide critical support and contact emergency medical services. We are proud to have
him as a member of our Marana team.
ATTACHMENTS:
Name: Description: Type:
0 G Phillips_ recognition letter 4-
22- 11_(2)_doc.pdf Letter to Employee Backup Material
Staff Recommendation:
Suggested Motion:
Regular Council Meeting - June 7, 2011 - Page 5 of 42
MARANA
/I \
TOWN OF MARANA
OFFICE OF THE TOWN MANAGER
May 9, 2011
Glenn Phillips
Engineering Technician, Town of Marana
11555 West Civic Center Drive
Marana, Arizona 85653
Dear Mr. Phillips:
On April 22, 2011, you were put in one of the most challenging situations one can
be placed. You recognized the need to act on behalf of a man who needed immediate
medical attention and you took quick and decisive action in an attempt to save his life.
On behalf of the entire Marana team, we recognize you for having the courage it took to
help someone in need.
While the severity of the heart attack did not allow the individual to survive, it did
not deter you from taking decisive action to provide critical support and contact
emergency medical services. You are to be commended for your role. We are proud to
have you as a part of the Marana team.
Sincerely,
Gilbert Davidson
Town Manager
C: Honorable Mayor and Council
Kevin Kish, _ General Manager
Keith Brann, Town Engineer
Personnel File (Glenn Phillips)
Regular Council Meeting - June 7, 2011 - Page 6 of 42
11555W CIVIC CENTER DRIVE, BLDG. A3 = MARANA, AZ 85653 -7006 ® PH: (520) 382 -1900 FAX: 382 -1902 TTY: 382 -3499
MA ANA
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, June 7, 2011, 7:00:00 PM
To: Mayor and Council Item P 2
From: Josh Wright , Director of Strategic Initiatives
Strategic Plan Focus Area:
Recreation
Strategic Plan Focus Area - Additional Information:
The "Recreation" focus area of the Marana Strategic Plan identifies "Increase visibility and
participation by residents and visitors in Marana's 'signature' events" as an action strategy.
Subject: Presentation: Relating to Special Events; update on the Star- Spangled
Spectacular/Fourth of July event
Discussion:
Later this year, the Town will once again host its popular Star- Spangled Spectacular/Fourth of
July celebration. 2011 marks the third year that the event will be held in Marana's Arizona
Pavilions development along Cortaro Road, which provides outstanding opportunities for
partnership with the business community. Staff will present an update on event planning efforts
and several new elements included in this year's celebration.
ATTACHMENTS:
Name: Description: Type:
No Attachments Available
Staff Recommendation:
Suggested Motion:
Regular Council Meeting - June 7, 2011 - Page 7 of 42
LUR
=/
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, June 7, 2011, 7:00:00 PM
To: Mayor and Council Item C 1
From: Terry Rozema , Chief of Police
Strategic Plan Focus Area:
Community Building
Strategic Plan Focus Area - Additional Information:
The Town's strategic plan identifies Community Building as a focus area with the overall goal of
creating a safe community. The strategic plan further sets forth a specific initiative within this
focus area of keeping residents safe and secure.
Subject: Resolution No. 2011 -56: Relating to the Police Department; exempting the Marana
Police Department's undercover police vehicles from Arizona state laws related to the
designation of political subdivision motor vehicles; authorizing the Chief of Police to
renew existing vehicle registrations for undercover police vehicles and to obtain
vehicle registrations for new undercover police vehicles
Discussion:
State law (A.R.S. §38 -538) provides that all vehicles used by a political subdivision for official
use must bear the name of the political subdivision and the words "for official use only."
However, A.R.S. §38- 538.03 allows the governing body of a political subdivision to exempt
official vehicles that are used for felony investigations or activities of a confidential nature from
these requirements. Undercover police vehicles may be exempted under this provision. Per the
statute, the Council may grant the exemption for only one year at a time.
This agenda item will grant the exemption from the provisions of A.R.S. §38 -538 to the Marana
Police Department's undercover police vehicles for the upcoming year. The item also authorizes
the Chief of Police to take all necessary action to renew existing vehicle registrations for
undercover police vehicles and to obtain vehicle registrations for any new undercover police
vehicles.
Financial Impact:
There is no cost to the Town for licensing these undercover vehicles.
AT TACHMENTS:
Name: Description: Type:
E] Reso undercover_plates_
(00026634).DOC Resolution Resolution
Regular Council Meeting - June 7, 2011 - Page 8 of 42
Staff Recommendation:
Staff recommends that Council exempt the undercover police vehicles from state laws regarding
the designation of official vehicles and authorize the Chief of Police to obtain the necessary
vehicle registrations.
Suggested Motion:
I move to adopt Resolution No. 2011 -56, exempting the Marana Police Department's undercover
police vehicles from Arizona state laws related to the designation of political subdivision motor
vehicles and authorizing the Chief of Police to renew existing vehicle registrations for
undercover police vehicles and to obtain vehicle registrations for new undercover police vehicles.
Regular Council Meeting - June 7, 2011 - Page 9 of 42
MARANA RESOLUTION NO. 2011-56
RELATING TO THE POLICE DEPARTMENT; EXEMPTING THE MARANA POLICE DE-
PARTMENT'S UNDERCOVER POLICE VEHICLES FROM ARIZONA STATE LAWS RE-
LATED TO THE DESIGNATION OF POLITICAL SUBDIVISION MOTOR VEHICLES; AU-
THORIZING THE CHIEF OF POLICE TO RENEW EXISTING VEHICLE REGISTRATIONS
FOR UNDERCOVER POLICE VEHICLES AND TO OBTAIN VEHICLE REGISTRATIONS FOR
NEW UNDERCOVER POLICE VEHICLES
WHEREAS A.R.S. § 38- 538.03 provides that the governing body of a political subdivision
may grant an exemption from Arizona state law regulating the designation of political subdivision
motor vehicles for motor vehicles used in felony investigations or activities of a confidential nature;
and
WHEREAS the Town of Marana Police Department uses a number of undercover police ve-
hicles in felony investigations and in activities of a confidential nature; and
WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of
the public to exempt these vehicles from state laws regulating the designation of political subdivision
motor vehicles.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, AS FOLLOWS:
SECTION 1. The Town Council hereby exempts the motor vehicles used by the Marana Po-
lice Department as undercover police vehicles from state laws regulating the designation ofpolitical
subdivision motor vehicles.
SECTION 2. The Chief of Police is hereby directed and authorized to undertake all other
and further tasks required or beneficial to carry out the terms, obligations, and objectives of this reso-
lution, including renewing existing vehicle registrations for Marana Police Department undercover
police vehicles and obtaining vehicle registrations for new Marana Police Department undercover
police vehicles.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MA-
RANA, ARIZONA, this 7`" day of June, 2011.
Mayor Ed Honea
ATTEST: APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney
Regular Council Meeting -June 7, 2011 -Page 10 of 42
{00026634. DOC II
MARANA
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, June 7, 2011, 7:00:00 PM
To: Mayor and Council Item C 2
From: Del Post , Deputy Town Manager
Strategic Plan Focus Area:
Commerce, Community Building, Heritage, Progress and Innovation, Recreation
Subject: Resolutio No. 2011 -58: _Relating to Intergovernmental Relations; authorizing and
directing Town of Marana representatives to propose, sponsor, and support the
adoption of resolutions by the 2011 Arizona League of Cities and Towns
Discussion:
This resolution will authorize Town of Marana representatives to propose, sponsor, and
support the adoption of resolutions by the Arizona League of Cities and Towns which are
consistent with the following general policies:
A. Protecting all sources of state - shared revenues from being used to address state budgetary
shortfalls.
B. Empowering the Town of Marana with sufficient flexibility to address an expanding and
changing variety of local conditions.
C. Establishing appropriate means to adequately compensate the Town for the costs of complying
with state mandated requirements.
D. Providing the Town with the means to cope with inflationary cost increases, population
growth and escalating service requirements.
E. Enabling the Town to provide public services in a more responsive, efficient and cost - effective
manner.
F. Ensuring that the Town has the ability to provide, manage or operate critical infrastructure
necessary to promote or maintain the health and safety of residents, preserve and direct land use
and ensure the future sustainability of the community.
G. Defining appropriate fiscal and administrative responsibilities within various Town,
State/Town and County/Town joint programs.
H. Protecting and enhancing state and local economic development tools.
I. Restoring dedicated funding for local transportation and transit programs.
J. Support access to water resources for municipal governments.
Financial Impact:
No negative financial impact on the Town of Marana
A TTACHMEN TS:
Name: Description: Type:
Regular Council Meeting - June 7, 2011 - Page 11 of 42
D League_Resolution_Committee Reso_(00022081).DOC Resolution Resolution
O 2011—physcan _recruitment_and_retention league 2011 League Resolution Physician Backup resolution.doc Recruitment and Retention Material
D 2011 _impact fee disclosure _league 2011 League Resolution Impact Fee Backup
Disclosure Disclosure Material
D 201.1_ county _islands_league_resolution.doc 2011 League Resolution County Islands Backup
Material
Staff Recommendation:
Staff recommends adoption of Resolution 2011 -58.
Suggested Motion:
I move to adopt Resolution 2011 -58, authorizing and directing Town of Marana representatives
to propose, sponsor, and support the adoption of resolutions by the 2011 Arizona League of
Cities and Towns
Regular Council Meeting - June 7, 2011 - Page 12 of 42
MARANA RESOLUTION NO. 2011-58
RELATING TO INTERGOVERNMENTAL RELATIONS; AUTHORIZING AND
DIRECTING TOWN OF MARANA REPRESENTATIVES TO PROPOSE, SPONSOR, AND
SUPPORT THE ADOPTION OF RESOLUTIONS BY THE 2011 ARIZONA LEAGUE OF
CITIES AND TOWNS
BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF
MARANA, ARIZONA, authorizing and directing Town of Marana representatives to prosopse,
sponsor, and support the adoption of resolutions by the Arizona League of Cities and Towns
which are consistent with the following general policies:
A. Protecting all sources of state - shared revenues from being used to address state budgetary
shortfalls.
B. Empowering the Town of Marana with sufficient flexibility to address an expanding and
changing variety of local conditions.
C. Establishing appropriate means to adequately compensate the Town for the costs of
complying with state mandated requirements.
D. Providing the Town with the means to cope with inflationary cost increases, population
growth and escalating service requirements.
E. Enabling the Town to provide public services in a more responsive, efficient and cost -
effective manner.
F. Ensuring that the Town has the ability to provide, manage or operate critical
infrastructure necessary to promote or maintain the health and safety of residents,
preserve and direct land use and ensure the future sustainability of the community.
G. Defining appropriate fiscal and administrative responsibilities within various Town,
State/Town and County /Town joint programs.
H. Protecting and enhancing state and local economic development tools.
I. Restoring dedicated funding for local transportation and transit programs.
J. Supporting access to water resources for municipal governments.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 7 th day of June, 2011.
Mayor Ed Honea
ATTEST: APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney
Regular Council Meeting -June 7, 2011 - Page 13 of 42
100022081.DOC /}
Resolution Proposal
Urges the Governor and the State Legislature to develop and pass legislation that supports
efforts to reduce the shortage of physicians in the State of Arizonm The League encourages
the Legislature to consider. expanding the level of Graduate Medical Education (GME)
funding, expanding medical school capacity within the state universities, addressing issues
affecting the attraction and retention of physicians from out -of- state; reducing obstacles to
medical practice in Arizona; and addressing any other major issues that affect a physician's
decision to locate or remain in Arizona to practice.
Submitted by: City of Sierra Vista,
A. Purpose and Effect of Resolution
Part II of the 2005 Arizona Physician Workforce Study, conducted by specialists from the
University of Arizona and Arizona State University, identified that since 1992 to 2004,
Arizona's physician supply is not keeping up with its population growth. The situation has not
gotten any better. Arizona has 219 physicians per 100,000 population, well below the national
average of 293 per 100,000. Rural communities in the state are affected by the shortage even
more, with one county at under 60 physicians per 100,000. Specialty physicians are particularly
difficult to recruit and retain. By way of example, the City of Sierra Vista's regional hospital is
now the only location in all of Cochise County in which a woman can deliver a baby outside of a
setting in which emergency services are available.
Since approximately 60% of physicians who complete their training in Arizona teaching
hospitals remain to practice within the state, enhancing the Graduate Medical Education (GME)
program is a critical component to addressing this shortfall, and has been identified by previous
gubernatorial task forces. Also recommended were efforts to reduce obstacles to medical
practice in Arizona. Recruitment and retention of physicians is hampered throughout the state by
higher professional liability premiums as compared to other states, and this is certainly an
obstacle needing attention. Recent actions to reduce funding to the State's Medicaid program
will only exacerbate the issue statewide. Now, more than ever, action is needed to retain existing
physicians, and insure Arizona is a desirable place to practice for others.
B. Relevance to Municipal Policy
Health care is a key component of the overall quality of life for any community. It is an
attraction and retention component for both business and military activities, both of which are
the backbone of the state's economy. An adequate supply of physicians is the foundation of
quality healthcare, and although most barriers to physician recruitment and retention are beyond
the direct control of local government, the health of our citizens should be a strong consideration
for local legislative input and advocacy. The National League of Cities has incorporated citizen
health in its overall federal legislative platform by developing and advocating for health
programs for children and youth.
Regular Council Meeting - June 7, 2011 - Page 14 of 42
C. Fiscal Impact to Cities and Towns
There should be no negative fiscal impact on Cities and Towns. To the contrary, not only will
there be an intrinsic gain to Cities and Towns in overall quality of life of their residents if
accessibility to health care is improved, but all communities in the state can use improved health
care as an economic development tool in the future.
D. Fiscal Impact to the State
There are some solutions, such as investing in the graduate medical program, that will require
additional investment by the state in medical education. However, some recommendations can
be implemented with little to no affect on state finances. But like the cities and towns,
improvement in access to health care results in an improvement in the ability of the State to
attract corporations who value health care access as a major factor in relocation to Arizona. In
addition, more physicians in the rural areas of the state will reduce the number of trips on already
overcrowded roadways that residents from those areas make to the Phoenix or Tucson
metropolitan areas to seek treatment.
E. Contact Information
Name: Mary Jacobs Title: Assistant City Manager
Phone: 520- 458 -3315 Email: many .jacobsirr`sierravistaaz.gov
Regular Council Meeting - June 7, 2011 - Page 15 of 42
Resolution Proposal
Urges the Governor and the State Legislature to develop and pass legislation that requires
disclosure of development impact fees on purchase contracts for new residential construction.
Submitted by: City of Sierra Vista,
* * * * * * * * * * * * * * * * * * * * * * * **
A. Purpose and Effect of Resolution
Development Impact fees are allowed under state law to permit a community to apply the cost of
future infrastructure needed to support new growth to those who purchase the new homes and
businesses requiring such infrastructure. Each community is required to go through a rigorous
analysis that justifies current levels of service, and assesses the appropriate fair share cost to new
construction for infrastructure such as major roadways, additional public safety facilities, and
new parks needed for expanded areas and population.
Although common practice in Arizona, some new homeowners are unaware of this additional fee
which is added to the cost of their new house. In an effort to be more transparent in
communicating with property owners their contribution toward this new infrastructure, the City
is recommending that the homebuilding community be required to specifically list on the
purchase contract the full amount of such development impact fees. This also insures that
unscrupulous homebuilders do not add such fees to the final closing documents, and blame the
local government for the additional cost. State law notification and implementation requirements
for development impact fees makes it clear that homebuilders would know the cost of such fees
prior to finalizing a purchase contract.
B. Relevance to Municipal Policy
Local governments are working to improve transparency in how and where revenues are
collected, how they are used, and why such programs or capital projects are needed for a
community. Development impact fees are an important component to a community in
addressing new growth, and the justification for such fees is well documented by those
communities who choose to include such fees in their planning and revenue programs.
Requiring homebuilders to disclose development impact fees on purchase contracts is not a
negative for local governments, but rather, helps communicate the methodology used by a city or
town in planning for the future.
C. Fiscal Impact to Cities and Towns
There would be no fiscal impact to cities and towns if legislation supporting this resolution were
enacted.
D. Fiscal Impact to the State
Regular Council Meeting - June 7, 2011 - Page 16 of 42
There would be no fiscal impact to the state if this legislation supporting this resolution were
enacted.
E. Contact Information
Name: Mary Jacobs Title: Assistant City Manager
Phone: 520- 458 -3315 Email: teary.jacobs(u sierravistaaz.gov
Regular Council Meeting - June 7, 2011 - Page 17 of 42
Resolution # 18
Urges the Governor and the State Legislature to develop and pass legislation that allows
greater flexibility in annexing county islands.
Submitted by: Sierra Vista, Marana
A. Purpose and Effect of Resolution
Over the past 30 years, the State Legislature has made changes in annexation law to respond to
actions by local governments that have had unintended, and often negative, consequences. In 1980,
the Legislature disallowed "strip" annexation by communities wanting to annex only highly lucrative
commercial properties. That same legislation also changed the law further to disallow the creation of
county islands, recognizing that having such islands completely surrounded by an incorporated city
or town is not good public policy. Other steps have been taken within state law to improve the
process, but more are needed.
Although new county islands can no longer be created, unfortunately a number of cities and towns in
Arizona still have such areas within their incorporated city limits. The islands are governed by the
laws of their respective county, which is a branch of local government largely designed to provide
rural services and a one size fits all approach to planning and growth management. Depending on the
individual county /city, disparities between county and city regulations may exist, and in many cases,
these service and /or enforcement differences are taking place literally across the street from areas
with the same density and neighborhood type.
It is time to allow a city or town more flexibility to extend urban services to these islands. This could
include: allowing a city to shrink an island annexation area once the process has started if there is not
enough interest to proceed with the entire area; removing the tie to assessed valuation in the process;
allowing property owners with multiple properties within an annexation area to have a vote for each
property; requiring property owners to sign a petition to opt out of a county island annexation rather
than opt in, to address those areas with high out -of -town owners; or any combination of these
methods. The ideas would be discussed with legislators to determine the most viable.
B. Relevance to Municipal Policy
Consistent service delivery to a community's residents insures that all areas of a city or town are
appropriately managed. Counties, by design, are funded to provide a rural level of service. But such a
service level within the middle of an urban area can, and has, led to problems that bleed over into
incorporated cities.
C. Fiscal Impact to Cities and Towns
If legislation moves forward that allows greater flexibility in annexing county islands, it would be up
to cities and towns themselves to determine timing on annexing these areas if they choose. Those
communities that choose to move forward will need to extend their services to newly annexed areas.
Those costs would be different for each community. But nothing in the legislation should require a
city or town to annex county islands if they feel they cannot provide services. It should be noted that
Regular Council Meeting - June 7, 2011 - Page 18 of 42
counties currently providing services to these islands, if annexed, would save some money not doing
so in the future.
D. Fiscal Impact to the State
There is no fiscal impact to the state when it comes to which local government provides local
services. Minor adjustments in state - shared revenues would be made based on any population
changes, but it would be a reshuffling of the total allocation, not an increase in state revenues to
local government. Eliminating barriers to annexation would also encourage economic
development that would also encourage economic development that would ultimately result in
increased revenue to the state.
E. Contact Information
Name: Sierra Vista Mary Jacobs Title: Assistant City Manager
Phone: 520- 458 -3315 Email: mart'.jacobs.( sierravistaaz.g v
Regular Council Meeting - June 7, 2011 - Page 19 of 42
1nl�t
/
MARANA /ORO VALLEY JOINT STUDY SESSION
MINUTES
Hilton El Conquistador Hotel
Coronado Ballroom
10000 N. Oracle Road, Oro Valley, AZ 85735
May 13, 2011, at or after 12:30 PM,,,-"
Ed Honea, Mayor Satish Hire mi, M r
Herb Kai, Vice Mayor Mary Smdei Uice Mafar
Russell Clanagan, Council Member Willia>�, nor, Councll ,ember
Patti Comerford, Council Member Barr illaspie, Council 1Vl ber
Carol McGorray, Council Member JoAornat, Council Member��
Jon Post, Council Member Steve °oloma4,`ouncil Memb *r
Roxanne Ziegler, Council Member Lou W�ouncil Member
STAY SESSION
CALL TO ORDER AND ROLL CALL
Mayor Hiremath called the meeting to order att230 po All Marana Council
Members were present e*66'01 ;ft r Council Member Comerford, who was excused. There
was a quorum present 1VIayori'Uiremath noted that the joint meetings with Oro Valley
and Marana are not ric, thathere are many ,areas where the two towns can work
together and complement fine a ther Mayor iionea stated that he had received many
calls about thqJohit meeting ` nd �� that there is mutual respect between the
A X
towns anc that amities each have to offer as well as the common amenities make
Oro Valley and Marad"a" " esirali tip tlnation for travelers.
DISCUS S °TEN/DIRECTIO�POSSIBLE ACTION
D la: Presgmwn: Relatifig to Economic Development; results of the Tourism
Resource Assessment by Arizona State University (Josh Wright /Amanda Jacobs)
Josh Wright introduced the Arizona State University students who were present. He
then introduced Dr. Tim Tyrell, ASU Professor of Tourism and leader of the project. Dr.
Tyrell stated that this is the second project of this type that he has worked on. Initially,
the group started with first impressions and looked at the unique assets and characteristics
within the region and how they complement each other. He also thanked Josh and
Amanda for their work. He noted that the work of the students was different from what a
consulting firm might provide because they approached the project as millennials. Some
of the Millennial qualities are that they are in the 18 -29 age group whose focus is
technology use, music and pop culture, and being more liberal /tolerant politically. Dr.
Tyrell noted that understanding strengths and weaknesses is the framework for the
Regular Council Meeting - June 7, 2011 - Page 20 of 42 l
May 13, 2011 Council Meeting Minutes
project in order to build a competitive destination. The capstone is community
governance.
Forty -two students participated in the project and were divided into six districts. For
Marana, they use the Economic Roadmap. For Oro Valley, they used the Canada del Oro
Wash as their dividing line. The districts were (1) Tangerine Corridor; (2) Marana
Downtown heritage ( Marana airport); (3) Marana/Twin Peaks; (4) South Oro Valley; (5)
North Oro Valley — north of the Canada del Oro Wash; and (6) the unincorporated Pima
County islands.
During discussion and the question and answer period, questions were raised regarding
technology, identifying strengths and weaknesses, transportation 4-, ge and working
together. One of the main challenges noted was getting tourkgj ` to the area and getting
them to stay in the area's accommodations rather than have t h em make reservations in
Tucson. While there is diversity in each area, partnership can b& for many
activities.
D lb: Presentation Relating to Economic De pment; text steps: Oro V jey/Marana
branding/marketing /tagline; joint Oro Valley/Ma a recreation brochure (Amanda
Jacob /Josh Wright)
Josh Wright concluded that the next sips will be collecting data for branding initiatives
to build a theme or tagline. There isn't a16 tt Cpertise on eifhoMarana's or Oro
Valley's staff, so outside resources will be needec�=�. ,He asked for feedback.
Amanda Jacobs unveiled the prototype rexea ton Uoetiir; noting that they intend to
have 2,000 printed to b h, Mayor E[Wmath aske'cl if each Council Member
could be provided w �a copytthe brochur=to review without comment. Council
,.
Member Garner Va11y noted that * need to have a greater tourism presence
at the TIA. There was a!" isr, lion about the issue of branding in terms of zip code
identity, possibly establishtt� n AppltC t 6� n Google and attracting the millennium
generation; '
Mayor llllremath recomtttnded gatng forward with each Council and having Josh and
Amanda cortipue to work gethe
r.
D 2: Presentation Relating to Economic Development; Imagine Greater Tucson Update
(Council Member oaters)
Council Member Waters noted that there are two upcoming workshops on May 24 and
May 25, 2011 at the Desert Diamond Casino. These workshops will develop a map to act
as a vision tool for the future of the region. There was discussion about whether this is
the best venue for Oro Valley and Marana given the direction the towns have been going
to identify themselves separately from Tucson.
D 3: Council One -on -One Partnerships (Mayors Hiremath/Honea)
The Mayors suggested that in an effort to carry forward the direction of cooperation and
cohesiveness being established by the tourism project, and because of the tie of proximate
Regular Council Meeting - June 7, 2011 Page 21 of 42 2
May 13, 2011 Council Meeting Minutes
location within the County, each town could benefit by having a Marana Council
Member liaison with an Oro Valley Council Member. There was general assent for this,
and Mayor Hiremath read from a list of suggested partners: Mayors Hiremath and
Honea, Vice Mayors Kai and Snider, Council Members Comerford and Hornat, Council
Members McGorray and Waters, Council Members Post and Solomon, Council Member
Ziegler and Garner, and Council Member Bowen and Gillaspie.
Mayor Hiremath thanked the staff of the El Conquistador for the great job they did in
putting this lunch meeting together.
Council Member Roxanne Ziegler raised the issue of redistricting as a possible future
agenda item.
ADJOURNMENT
Mayor Hiremath adjourned the meeting at 1:55 p.m. �s
CERTIFICATION
I hereby certify that the foregoing are the true d correct minutes of the Jo ti to y
session of the Marana Town Council and the Oro' .Council held on May 13,
2011.1 further certify that a quorum was present.
Jocelyn C. Bronson Town Clerk
9
4
/ u.
Regular Council Meeting - June 7, 2011 - Page 22 of 42 3
May 13, 2011 Council Meeting Minutes
,M
REGULAR COUNCIL MEETING
MINUTES
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, May 18, 2011, at or after 7:00 PM
Ed Honea, Mayor
Herb Kai, Vice Mayor
Russell Clanagan, Council Metx'tbe ;
Patti Comerford, Council Me ''ber
Carol McGorray, Counclilmember
Jon Post, Council.lfember
Roxanne Ziegler, C0 n_ Member �
REGULAR COUNCIL MEETING
CALL TO ORDER AND ROLL CALL ,
Called to order by Mayor Honea at 6:5%p :�,A1Council MJSers were present.
PLEDGE OF ALLEGIANCE /INVOCATION/MOMENTOF SILENCE
Led by Mayor Honea:
APPROVAL OF AGE,&[)A
Motion moved by Couni��tb�o�tterford, second by Vice Mayor Kai, to approve
the agenda #n l the Kx tive ession immediately following the approval of
agenda otion card unatrusly.
Mayor Hlga explained the�change Il for this item which normally appears at the
end of the`meeting. A sma l,, ecepiion for departing Council Member Clanagan will be
held in the lobmmedlatcly following the meeting.
F
CALL TO THE PIBLt
N ,
Diana Bauer, an 8 ade student at Marana Middle School, asked Council for financial
support to attend the National Young Leaders Conference in Phoenix next year. Ms.
Bauer reported on her academic and community service achievements which enabled her
to be nominated to attend this conference. She will need any contributions by September
1. In response to a question from Council Member Ziegler, Mr. Davidson reported that
although there is no longer a formal budget item to support student requests for financial
aid as there has been in the past, there was money in each Council Member's budget for
community support.
David Morales spoke regarding his concern that due to the present circumstances of the
economy, the town is not ready to go into the wastewater business. Council Member
Regular Council Meeting - June 7, 2011 - Page 23 of 42 1
May 18, 2011 Council Meeting Minutes
Post noted for Mr. Morales that there have been several excellent presentations made on
this subject. Mr. Morales replied that he had not been able to attend those presentations
and is still concerned about the foreclosures on one out of four mortgages which will take
10 years to clear up.
Brianne Meza gave Council an update on a problem that was brought to Council's
attention in September 2009. She noted that there had been some steps taken by the
Town to help the neighbors create a vision for their community but the situation of
commercial trucks driving dangerously and parking in their residential neighborhood
24/7 has still to be rectified. She presented photographic and audio evidence to support
her presentation. She asked the Council and staff to take action to,remedy the problem.
Alisha Meza then spoke on the same issue. She added some iqf at on on the
demographics of the neighborhood, and traffic. Alisha read ,A letter from a school bus
driver who picks up and drops off children in the neighborhood `specific references were
made to Ray's Diesel and the possible ways to provide ingress and gress to the
neighborhood. Phyllis Farenga also spoke and referenced a letter Whitten by the town
manager about the balanced budget for 2012. She'asked for funding a i "Wthat directs
commercial traffic out of their neighborhood, alluding that town is playg Russian
Roulette" with children and the elderly and highlighting the benefits of fun" a road.
Council Member Ziegler commented on the presentati "' and acknowledged that T.
Van Hook has been working with thegroup. She aske�ran update for Council on
what is being done and any alternatives that are being or have been considered. In
reference to illegal parking and speedmse riled the Ch1efPolice to look into
situation by either sending a sworn officel` or theWPS for a period of time. Council
Member Post asked if it would be appropriate to schedu an executive session at a later
date for legal advice andditection. Mr. Da7*' son stated hat a review of actions and
activities on this isswiand a number of other'issues including the acquisition of right of
way or a developmOtttreement for an alternate route or construction of roads out of the
neighborhood could be pr6vided4o Council. C, ncil Member McGorray asked staff to
look into the pa issue that
Jack Nenbeck spoke i ding the vpc ming Marana Health Center grand opening
events luled for the m
sch ining weekend. Mr. Neubeck will be the master of
F
ceremomos ' ribbon cutting on Saturday. Seats are still available for $125, with checks
made payable 1 -the Maran �IIealth Care Foundation. After the dinner, there will also be
a public concern 8:30 p 0t with Troy Olsen, country singer and graduate of Marana
High School. Tickelsge�available through Friday for $10 at the Boot Barn, Marana
Health Center and R `R Pizza. Or you can go online and purchase tickets; however,
there is a $7.00 service charge to purchase online. Tickets can be purchased at the door
the night of the event for $15.
PROCLAMATIONS
MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS
Council Member Clanagan announced this would be his last meeting, and he indicated
how privileged he felt to serve the community for the past four years. If we all strive to
leave things better than how we found them, we would all have a better universe. He
talked about some of the projects he has lined up for the future, including foster parenting
Regular Council Meeting - June 7, 2011 - Page 24 of 42 2
May 18, 2011 Council Meeting Minutes
and hosting a foreign exchange student next year. He emphasized his passion for
working with youth and making a positive difference. He will also be having back
surgery on Friday. He noted his honor in working with Gilbert and other staff and
making good connections and relationships that will sustain him in his future community
efforts. Council Member Ziegler reported that she and the other Council Members
attended a joint study session with Oro Valley Town Council last Friday. She was very
proud of town staff and Josh Wright's presentation. She noted how far the Marana
Council has come. She also indicated the importance of advertising Marana as a unique
entity of its own and not just as a part of a larger region.
Council Member McGorray reported on the intensive four -day Town Hall she attended
recently. The subject was arts and culture for the entire state. She emphasized that one
of the main themes was tying into tourism and economic development, which had been
subject of the joint meeting with Oro Valley. She stated that perhaps some of the larger
vacant buildings in both towns could be used for performing arts ;on a temporary basis.
Mayor Honea also spoke about the joint meeting with Oro Valley,, noting that it's
becoming a very good endeavor. Amanda Jacobs andFJosh Wright are 4ping a lot of
things together to help the towns create a brochure and advertising to proowte Marana
and Oro Valley as a destination, rather than trying, to encompass our towns�� thin the
"Tucson" label. He also attended the 5 year anni±trary ofe RTA. The wvin Peaks
interchange was the highlight of the projects and somtth tig we can be ver y "proud of that
was completed early in the RTA process. He thanked Council Member Clanagan for his
efforts on the Council and service to the ommunity, also rroting his time on the Marana
Planning & Zoning Commission and theh o time spent helping the community.
r
MANAGER'S REPORT: SUMMARY OF'CURRENT 1�ENTS
��
Mr. Davidson also thanked Council Memb6(Clanagan, or his service and commitment
to the community. He tntroduded del Post, the new deputy town manager. Del expressed
his appreciation to tlfe"c-73puncil fc r his appointn�iept to the position, noting that he grew up
in Marana. He recognised ,_ilt rt s a mentor ind is looking forward to serving with him
for many year_jt, came. Cart ritd thhe General Plan passed by 80% at
Tuesday' ,s thank"evin Kish, Cynthia Ross and Lisa Shafer for their
prima leadership in ks rnontft I g project. Many communities do not enjoy the
success i the passage of heir general plans as Marana did. The executive report is out
for Council riew to encapllate the past month's activities. He then identified Josh
Wright who i4given the 6
thq onomic Developer of the Year for Small Communities for
the State of Ar1zt by rizona Association of Economic Developers. He is perhaps
the first person in7 I'>1a County region within decades to receive this award. Kudos were
also given to the towrl on Josh's behalf.
PRESENTATIONS
CONSENT AGENDA
Motion to approve moved by Council Member Post, second by Council Member
McGorray. Mayor Honea noted that item C 2 has an emergency clause and will
require a roll call vote. Town Clerk Bronson called roll. The motion carried
unanimously in favor.
Regular Council Meeting - June 7, 2011 - Page 25 of 42 3
May 18, 2011 Council Meeting Minutes
C l: Resolution No. 2011 -47: Relating to Facilities; approving and authorizing the
Town Manager to administer the amended Town of Marana Meeting Facilities Usage
Policy
C 2: Ordinance No. 2011.12: Relating to Finance; amending the Town of Marana
comprehensive fee schedule; and declaring an emergency
C3: Resolution No. 2011 -48: Relating to the Environment; adopting an energy strategy
for the Town of Marana
C 4: Resolution No. 2011 -49: Relating to the Marana Municipal. A-irport; authorizing
the Town Manager to execute a grant agreement with the Feder W' tion
Administration for funding in the amount of $418,122 for reimbursement of cost
overruns on the Airport Road Project and for costs associated w2 the completion of an
Airport Layout Plan at the Marana Municipal Airport an�o take anther actions
necessary to secure and satisfy the grant q
C 5: Resolution No. 2011 -50: Relating to Pub Works; approving and authorizing
the mayor to execute an intergovernmental agreeirietit with the Arizona Department of
Transportation to seek federal funding for the Ina Ro4"ge over the Santa Cruz river
C 6: Resolution No. 2011 -51: Relatih`k tt .pevelopment ;I droving the release of the
private improvement agreement for B11I ", date Drive, ands tance of public
improvements for maintenance
C 7: Minutes of the Apr 1 study session and May 10, 2011 study session
LIQUOR LICENSES
BOARDS, C, OMMISSI t i CORM', 1- TEES
COUNCIL ACTION
A 1 Resolution No. 201 t 2: Relating to Finance; approval and authorization of the
defeasance &.debt related to`ahe Marana Municipal Property Corporation, Series 2008B
bonds
Presented by Erik Montague, who noted that this item is to call up to $2M in bonds. He
noted that Meghan adherty, budget manager, and he had been working closely with the
town's financial managers and bond counsel to identify opportunities to de- leverage or
get out from under some of the current debt. In 2008, the town issued revenue bonds of
about $40M to advance critical projects including Silverbell Road, a portion of the
district park and Camino de Mariana and a portion to the Twin Peaks roadway. As part of
the overall bond structure, there were Series A and B bonds, and the Series B portion had
an extraordinary call provision which allowed the town, as monies became available, to
call or defease portions of that debt. That portion in Series B was closely tied to future
revenue streams that we were going to be receiving from the RTA and other funding
partners. So that is what this item is for tonight — to call up to $2M of the Series B bonds.
The cash required to meet this payment is already in the bank. In July we are scheduled
Regular Council Meeting - June 7, 2011 - Page 26 of 42 4
May 18, 2011 Council Meeting Minutes
to receive additional funds, and we'll consider them in relation to future project needs as
well as the underlying debt. Calling this will save approximately $600K in interest over
the life of the debt.
Motion moved by Council Member Post, second by Council Member Clanagan to
approve the defeasance of the debt. Motion carried unanimously.
A 2: PUBLIC HEARING: Ordinance No. 2011.13: Relating to Development;
amending Marana Land Development Code Title 5 (Zoning) by adding Section 05.02.06
(Medical Marijuana Land Uses in Zones A -E) and clarifying cultivation in connection
with the "medical marijuana dispensary" use, where permitted; amending Marana Land
Development Code Section 08.08 (Medical Marijuana Uses) for,,�blnrity and to avoid
inconsistency with final Arizona Department of Health Servls, rules; and establishing
an effective date
Resolution No. 2011 -53: Relating to Development; d W", g as a puDl c record filed with
the Town Clerk the amendments adopted by Ord�cnce No. 2011.13, arn0ding Marana
Land Development Code Title 5 (Zoning) by 4_0i Section 05.02.06 (MedJico
Marijuana Land Uses in Zones A -E) and clartfym eultivat in connection with the
"medical marijuana dispensary" use, where permitted „anal amending Marana Land
Development Code Section 08.08 (Medical Marijuana Uses) for clarity and to avoid
inconsistency with final Arizona Depad, _ of Health Sorvtces rules
Mayor Honea opened the public hearing = Pressed by Lisa Shafer who noted that this
land development code amendment brought toll ht is in direct response to staff
being able to work wltlhoinance adoptl in October of 2010. Some of the town's
uses as adopted by that ordinance are in direct conflict with the state initiative or were
uses that staff was&t of or needed clarlf ation as a result of the passage of the
statewide initiative. Sorn1 of t blems assootated with a significant land use change
is that it's nat gnized b3 ' ti h 6 edefd g t rnment, and we can't put it into a prescribed
classific tJ zoning � nber` i t ie uses. So we discussed that anyone wanting to put a
medlc,41marijuana dispio nsary in'4 fthe alphabet zones or offsite cultivation would
have to ge# a conditionals perml The Title 5 zoning change is for clarification for
onsite cultivation with one the sites in those zones. In Section 08.08, there are some
deletions andg regarding agent information requirements that are in conflict
with the state'siiq Wremenis. When the 2010 ordinance was passed, staff didn't know
exactly what the st 'kte;r9 irements were going to be. The next issue is that of registering
for controlled substances and the final is for delivery of product so that it's in compliance
with the state. In response to a question from Council Member Post, Ms. Shafer
responded that last month staff received a request to have a CUP approved through the
planning commission for a medical marijuana dispensary near I -10 and Orange Grove.
She is expecting state approval by June 30 for that location. Mayor Honea closed the
public hearing, there being no requests to speak from the audience.
Motion moved by Council Member McGorray, second by Council Member Clanagan to
approve the ordinance and resolution. Motion carried unanimously.
ITEMS FOR DISCUSSION/POSSIBLE ACTION
Regular Council Meeting - June 7, 2011 - Page 27 of 42 5
May 18, 2011 Council Meeting Minutes
D 1: Legislative /Intergovernmental Report: regarding all pending state and federal
legislation and report on recent meetings of other legislative bodies
EXECUTIVE SESSIONS
A motion was made at 7.01 p.m. by Council Member McGorray, second by Council
Member Comerford to go into executive session on Item E 2 immediately following
approval of the agenda. Motion carried unanimously.
Council left the dais at 7:01 p.m.
Council returned to the dais at 7:12 p.m.
The regular meeting resumed at 7:12 p.m.
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 ttorney concerning any matter
listed on this agenda
E 2: Executive Session pursuant to A.R.S. § 3843.1.03(A )(�),(4) and (7), discussion or
consultation for legal advice with the Town's attoeys and+scussion and toI"Consider its
position and instruct the Town Manager and staff coneeing (I) the lawsuit entitled
Town of Marana v. Pima County/PiMA County v. Maratt (consolidated), Maricopa
County Superior Court No. CV2008- 001131, (2) pending'lea1 issues, settlement
discussions and contract negotiations re tigl `lQ the transition 6 &Marana wastewater
collection and treatment to the Town of I�taran
FUTURE AGENDA I7
Council Member Zipik ler askiill-if vote by mit l or all mail ballot will be the subject of a
future Council mee�ir �YIayor Honea stated teal he thought staff was working on a
presentation for Council Ms. f6u -spn said sh 'expected to have a presentation ready
for Council i ,gust.
.- ;
ADJOURNMENT
Moto"rdjourn moves -' CoinMember Post, second by Council Member
McGorra emotion carrce rnanimously.
The meeting wlis' me at 8:09 p.m.
CERTIFICATION
I hereby certify that the foregoing are the true and correct minutes of the Marana Town
Council meeting held on May 18, 2011. 1 further certify that a quorum was present.
Jocelyn C. Bronson, Town Clerk
Regular Council Meeting - June 7, 2011 - Page 28 of 42 6
May 18, 2011 Council Meeting Minutes
AN
=/
SPECIAL COUNCIL MEETING
MINUTES
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, May 24, 2011, at or after 6:00 PM
Ed Honea, Mayor
Herb Kai, Vice Mayor
Russell Clanagan, Council Member
Patti Comerford, Council Merriber �
Carol McGorray, Council Member
Jon Post, Council,Member
Roxanne Ziegler, C"l Member
SPECIAL COUNCIL N4 1E
CALL TO ORDER AND ROLL CA1
Mayor Honea called the meeting to or 6:01 p.m. T6* Clerk Bronson called
rolled. Council Member Clanagan was „ t Where was wquorum present.
PLEDGE OF ALLEGIANCE /INVOCAThON/MD�NT OF SILENCE
Led by Mayor Honea.
APPROVAL OF AGENDA
Motion moved byocil Member Comerford to approve the agenda by moving Item
AI to follow approval of th e agenda second by Vice Mayor Kai. Motion carried
unanimous
CALL TO' THE PUB) IC
Mayor onea welcomi d_ttewly 61 ted Council Member Bowen. He also thanked the
public fob jymg him the � ,portun[ to serve them for another 4 years and pledged to do
his best for te,community
Council Memlae, Ziegler also welcomed Council Member Bowen and thanked the
community for allt ving her to serve another 4 year term.
Council McGorra#j mice Mayor Kai welcomed Council Member Bowen. Vice
Mayor Kai also repo ed that Russell Clanagan recently had back surgery and is well and
recovering.
Council Members Comerford and Post congratulated Mayor Honea and Council
Member Ziegler on their re- election and welcomed newly elected Council Member
Bowen.
Council Member Bowen thanked all the Council Members for their kind words, noting
that he cannot think of a better group of people to work with. He also thanked the
community for giving him the privilege of serving them.
PROCLAMATIONS
PRESENTATIONS
Regular Council Meeting - June 7, 2011 - Page 29 of 42 1
May 24, 2011 Council Meeting Minutes
CONSENT AGENDA
LIQUOR LICENSES L 1: Relating to Liquor Licenses; recommendation to the
state liquor board regarding special event liquor license applications submitted by the
American Diabetes Association for fundraiser events at Harley- Davidson located at 7355
N. I -10 EB Frontage Road
Town Clerk Bronson noted that the applications were in order and that staff has
recommended Council approval.
Motion moved by Council Member Post, second by Council Member Comerford to
approve. Motion carried unanimously.
BOARDS, COMMISSIONS AND COMMITTEES B 1: Resolution No. GFCFD 2011 -
01: [Marana Town Council acting as the Gladden Farms Community Facilities District
Board of Directors]: A Resolution of the District Board of Gladden Farms Community
Facilities District, a Community Facilities District of Ari?�ia, roving a tentative
budget for fiscal year 2011 -2012 pursuant to ARS §48 -7; settirign hearing date
on said tentative budget; filing statements and esti of the operation and maintenance
expenses of the district, the costs of capital imprpv ments to be finance Ii y the approved
ad valorem tax levy, and the amount of all oth - xpendituies for public intr ucture
and enhanced municipal services proposed to be p id from ht tax levy and 4t amount
to be raised to pay general obligation bonds of the dis'`all of which shall be provided
for by the levy and collection of ad valorem taxes on d4l sessed value of all the real and
personal property in the district; providing for notice of f Aj the statements and
estimates, and notice of a public hearing dh he portions of th" �tements and estimates
not relating to debt service on general obligation nds and providing that this resolution
shall be effective after its passage and appl'pvai abcordir
"to
B 2: Resolution No. GFCFDiNI 1 -01: [M4pna Town Council acting as the Gladden
Farms (Phase 11) Com ity Facilities District Board of Directors]: A Resolution of the
District Board of Gladde - i" arm ,-hge II) Community Facilities District, a Community
Facilities Disc ,o Arizoit pro i 4tentitive budget for fiscal year 2011 -2012
pursuant," -1, se a public hearing date on said tentative budget; filing
state m is and estima e R the op ration and maintenance expenses of the district, the
costs dfpital improveirtdts to befnanced by the approved ad valorem tax levy, and
the amount , fall other exp!,�ditur for public infrastructure and enhanced municipal
services prop ,d to be paid iom the tax levy and of the amount to be raised
to pay general olllation bonds of the district, all of which shall be provided for by
the levy and collecad valorem taxes on the assessed value of all the real and
personal property in the' district; providing for notice of filing the statements and
estimates, and notice of a public hearing on the portions of the statements and estimates
not relating to debt service on general obligation bonds; and providing that this resolution
shall be effective after its passage and approval according to law
B3: Resolution No. SSCFD 2011 -01: [Marana Town Council acting as the Saguaro
Springs Community Facilities District Board of Directors]: A Resolution of the District
Board of Saguaro Springs Community Facilities District, a Community Facilities District
of Arizona, approving a tentative budget for fiscal year 2011 -2012 pursuant to ARS §48-
716; setting a public hearing date on said tentative budget; filing statements and estimates
of the operation and maintenance expenses of the district, the costs of capital
improvements to be financed by the approved ad valorem tax levy, and the amount of all
Regular Council Meeting - June 7, 2011 - Page 30 of 42 2
May 24, 2011 Council Meeting Minutes
other expenditures for public infrastructure and enhanced municipal services proposed to
be paid from the tax levy and of the amount to be raised to pay general obligation bonds
of the district, all of which shall be provided for by the levy and collection of ad valorem
taxes on the assessed value of all the real and personal property in the district; providing
for notice of filing the statements and estimates, and notice of a public hearing on the
portions of the statements and estimates not relating to debt service on general obligation
bonds; and providing that this resolution shall be effective after its passage and approval
according to law
Items B. 1, B 2, and B 3 were taken as one item. Presented by Erik Montague. Mr.
Montague noted that these resolutions incorporate the statutory requirement to prepare
and compile estimates of expenses and revenues adequate to meet the funding obligations
for the various districts. The Community Facilities districts provide fear the operations
and maintenance costs associated with any infrastructure that lips been acquired for those
districts as well administration and various overhead cosh that, attributable to those
programs. Mr. Montague stated that if these resolutions appr�iv x a separate notice
will be published for each district providing the notice for the pulic hearing of
adoption of the final budget, as required by statute.',"
Motion to approve moved by Board Member Po�econd -hoard Member McGorray.
Motion carried unanimously.`
B 4: Resolution No. VFCFD 2011- 0, larana Town Caaeil acting as the Vanderbilt
Farms Community Facilities District Beard Of Directors]: A 14pplution of the District
Board of Vanderbilt Farms Community Facihttes District, a Community Facilities
District of Arizona, approving a tentative budget`for fs l.;y6ar 2011 -2012 pursuant to
ARS §48 -716; setting 4",p i hearing date" "said tentative budget; filing statements and
estimates of the operation and ina ntenance expenses of the district, the costs of capital
improvements to be fiiranced by tie approved ail ualorem tax levy, and the amount of all
other expenditures for public infrastructure and enhanced municipal services proposed to
be paid from 1 e fax levy and f the ami i 'be raised to pay general obligation bonds
of the dl t,' alb a rich shy ate provided for by the levy and collection of ad valorem
taxes o lthe assessed VOW of all the'Mal and personal property in the district; providing
for fiotllre" filing the st;�?ents and"estimates, and notice of a public hearing on the
portions of�statements "d estimates not relating to debt service on general obligation
bonds; and providing that this resolution shall be effective after its passage and approval
according to lave;
Chairman Honea statod that this piece of property it has been an eyesore for the past
two years and he hopes that some of the funds being requested will be used to keep the
property maintained. Erik Montague stated that the maintenance concern could be
answered by Mr. Kish and noted that this piece of property is in some sort of formal
process with the bank. Board Member Post expressed concern that if the property is in
a bank process why are they requesting money and where is that money going. Kevin
Kish stated that the Vanderbilt Farms Community Facilities District covers a very large
area and he believes that the property Chairman Honea is referring to only a portion of
this district, or Farm Field Five. He noted that Nicholas Homes started to develop Farm
Field Five and then lost the rest of it and is now to sell those existing remaining homes.
The balance of the property has been picked up by another group who has started to
Regular Council Meeting - June 7, 2011 - Page 31 of 42 3
May 24, 2011 Council Meeting Minutes
manage the project better and he has already seen some work begin on that property.
Board Member McGorray asked if this CFD was only for Farm Field Five. Mr. Kish
stated that this CFD pertains to all of Vanderbilt Farms and not just Farm Field Five.
Mr. Davidson reported that town staff performed a large amount of cleanup work on the
Farm Field Five property as a public service to help the existing neighbors who have
bought into that property. Board Member Comerford stated that while she appreciated
town staff cleaning this property up that it is the responsibility of the property owner to
do so. Board Member Ziegler also asked why the property owner was not taking
responsibility in cleaning up the property and noted that they are asking for a great deal
of money. Mr. Davidson noted that the town's involvement in the cleanup was a public
safety concern. Mr. Davidson also stated that the homes in this property are disconnected
from the land, in other words, the house and the land it sits on ark iced by two different
entities. He believes that as the bank and debt issues are rl
esod there may be payback
opportunities from those residents or new HOA later down the r Mr. Kish stated that
we do have a cash bond from the developer on the prcjee °and if v n't have resolution
of any of the bills we will use that bond.,
x�
4
Motion moved by Board Member Post, second -Board member McGor l approve
the resolution to include that for any issuing of honds that ownership be cified and
that an exact outline of what the money will be goMig" .t s''be provided Motion
carried unanimously.
COUNCIL ACTION
A 1: Resolution No. 2011 -54. Relating to E1ecti4 doptir the results of the general
election held on May 17, 201„1
�
Motion to approve tlresultsf the general election moved by Council Member
Comerford, second by ouncil member Post Motion carried unanimously.
Town Clerk , Br preetd cero� election to the newly elected Mayor and
Council Member's Ad min r d their loyalty oaths. Mayor Honea and Council
Members Ziegler and en then pp the dais.
A 2. Resolut No. 2011 S: Relating to Budget; adopting the fiscal year 2011 -2012
tentative budge
Presented by Erik e. Mr. Montague noted that various information has been
provided to Councilver a series of study sessions. Council Member Ziegler asked
for clarification regarding contingency funds and on the town's reserve. Mr. Montague
stated that contingency funds are established for unanticipated things that may occur and
that use of contingency funds must be approved by Council. Mr. Davidson stated that
because the town has been so conservative in its budget process and has a high level of
reserves we are able to complete projects, such as the Twin Peaks Interchange project,
seamlessly. Council Member Bowen asked for clarification on the contingency line
item. Mr. Montague stated that the contingency it is a line item in the budget every year
and that none of it has been used in the current year. It provides for additional capacity if
needed and there is no statutory requirement to maintain a certain amount in the
contingency. Mayor Honea asked if the town incorporated capacity for possible
Regular Council Meeting - June 7, 2011 - Page 32 of 42 4
May 24, 2011 Council Meeting Minutes
purchases of Tucson Water infrastructure. Mr. Montague stated that he is confident that
the town has adequate expenditure authority to reallocate resources to allow for that to
occur. A copy of the presentation is available for viewing in the Town Clerk's Office.
Motion to approve moved by Council Member McGorray, second by Council Member
Post. Motion carried unanimously.
ITEMS FOR DISCUSSION/POSSIBLE ACTION
EXECUTIVE SESSIONSE 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)�la and (7), discussion or
consultation for legal advice with the Town's attorneys and dlseion and to consider its
position and instruct the Town Manager and staff concerning (1) tlx lawsuit entitled
Town of Marana v. Pima County/Pima County v. Mal:atla (consoltdat Maricopa
County Superior Court No. CV2008- 001131, (2),g ding legal issues, mment
discussions and contract negotiations relating tp #, transitn of Marana water
collection and treatment to the Town of Marana f "`
FUTURE AGENDA ITEMS
ADJOURNMENT
Mayor Honea announced a receptionn,u, lobby at the coiplusion of the meeting to
welcome Council Member Bowen. f
Motion to adjourn moved by Council Member Mc econd by Council Post at
6:52 p.m. Motion carri t unin imously.
CERTIFICATIONfh certfi that the o
for in are the true and correct minutes of
the Marana Town Coun6J trleel held on MaY-24g2011. 1 further certify that a quorum
was present.,- n
�t
Jocelyn ,Bronson, To Clerk
Regular Council Meeting - June 7, 2011 - Page 33 of 42 5
May 24, 2011 Council Meeting Minutes
MARAN
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, June 7, 2011, 7:00:00 PM
To: Mayor and Council Item A 1
From: Josh Wright , Director of Strategic Initiatives
Strategic Plan Focus Area:
Community Building, Heritage
Strategic Plan Focus Area - Additional Information:
The Town's strategic plan identifies Community Building as a focus area with the goal of
creating a community with a strong sense of place where diverse people are motivated to be
involved, feel connected, needed and appreciated.
Subject: Resolution No. 2011 -57: Relating to Community Development; approving and
authorizing the Mayor to execute a memorandum of understanding between the Town
of Marana and the Southern Arizona Arts and Cultural Alliance regarding the
presentation and promotion of artistic and cultural programs and events in the Town of
Marana
Discussion:
At its January 25, 2011, strategic planning study session, the Mayor and Council identified "arts
and culture" as a key area in which to expand programs and services. Because the Town has no
full -time employees in this particular field and limited resources with which to develop an arts
and culture program, staff have negotiated a memorandum of understanding (MOU) with the
Southern Arizona Arts and Cultural Alliance (SAACA) to assist the Town in providing these
services to residents.
SAACA was originally incorporated as the Greater Oro Valley Arts Council (GOVAC), but has
since changed its business model to provide arts and cultural programs and events throughout
southern and central Arizona. The Town has already cooperated on an informal basis with
SAACA on previous special events and programs, including the recent Marana Arts
and Bluegrass Festival, the fall Marana Arts and Crafts Festival and the annual Music in the Park
Series. SAACA has also worked previously with the Town of Oro Valley, the City of Casa
Grande and Pima Community College District to provide artistic and cultural special events.
Each of the Town's previous, informal partnerships with SAACA has proven effective and been
well- received by Marana residents. The proposed MOU will formalize this partnership for a
period of one year and allow Town staff to cooperate more effectively with SAACA in planning
additional artistic and cultural programs, including the 2011 Marana Founders' Day Festival in
October.
Regular Council Meeting - June 7, 2011 - Page 34 of 42
Financial Impact:
There are no up -front costs for either organization as part of the MOU. However, the MOU does
provide for a waiver of any permit fees SAACA would normally be required to pay the Town for
special events.
ATTACHMENTS:
Name: Description: Type:
L-1 Reso_MOU SAACA_
(00026636). DOC Resolution Resolution
El MOU with_SAACA_for town events_
(00026404- 3).DOC Memorandum of Understanding Exhibit
Staff Recommendation:
Staff recommends approval of the resolution.
Suggested Motion:
I move to adopt Resolution No. 2011 -57; approving and authorizing the Mayor to execute a
memorandum of understanding with the Southern Arizona Arts and Cultural Alliance for artistic
and cultural programs and events.
Regular Council Meeting - June 7, 2011 - Page 35 of 42
MARANA RESOLUTION NO. 2011-57
RELATING TO COMMUNITY DEVELOPMENT; APPROVING AND AUTHORIZING THE
MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN
OF MARANA AND THE SOUTHERN ARIZONA ARTS AND CULTURAL ALLIANCE RE-
GARDING THE PRESENTATION AND PROMOTION OF ARTISTIC AND CULTURAL PRO-
GRAMS AND EVENTS IN THE TOWN OF MARANA
WHEREAS the Town Council of the Town of Marana has determined that artistic and cultural
activities within the Town are in the public interest and enhance the community; and
WHEREAS the Southern Arizona Arts and Cultural Alliance ( SAACA) is a not - for - profit
organization that exists to ensure community engagement in arts and culture; and
WHEREAS the Town and SAACA desire for SAACA to present and promote artistic and cultur-
al events and activities in the Town; and
WHEREAS, the Mayor and Council of the Town of Marana feel it is in the best interests of the
public to enter into this agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA AS FOLLOWS:
SECTION 1. The memorandum of understanding between the Town of Marana and SAA-
CA, 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 for and on behalf of the Town of Marana.
SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake
all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of
the memorandum of understanding.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MA-
RANA, ARIZONA, this 7 th day of June, 2011.
Mayor Ed Honea
ATTEST: APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney
Regular Council Meeting - June 7, 2011 - Page 36 of 42
{00026636. DOC /}
MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING (the "MOU " is entered into by and between the
TowN OF MARANA, an Arizona municipal corporation (the "Town "), and the SOUTHERN ARIZONA
ARTS & CULTURAL ALLIANCE, an Arizona non - profit corporation ( "SAACA "). The Town and
SAACA are sometimes collectively referred to in this MOU as the "Parties," either of which is
sometimes individually referred to as a "Party."
RECITALS
rr
A. The Town Council of the Town of Marana has ditorminedt artistic and cultural
activities within the Town are in the public interest and enhance the comr i"A uty.
B. The Southern Arizona Arts and Cultural Alliance is a not - for- pro'tt caxganization that
exists to ensure community engagement in arts arA- +j�lture. To enhance access tb , arts and to
promote cultural awareness, SAACA presents large'e fes4vv ,events and oar programs.
SAACA also promotes educational opportunities in art arWire.
�.�"..
C. The Town and SAACA desire for SAACA to presett.,nd promote artistic and cultural
events and activities in the Town as descit "J n this MOU. �
11 AGREEh1N
NOW, THEREFORE, based on the foregoing recitals arm incorporated here as the intent
of the Parties in entering into this MOU, ands "in "considera3ri of the terms of this MOU, the
Parties hereby agree as fc"fows
1. Services to be, i`ormed by ACA.
a. General In coo ati tl he Town, SAACA shall sponsor, support, develop and
ample e t mmumtY rtS and cuilf u1 projects and programs that enrich the cultural life
of tlicomritlt end the consistent with the provisions of this MOU.
5
`b` Music in the lieries shall present concerts for the Town's Music in the
l't Series, includio selectio' recruiting, approving and contracting with performers
for tncert series
C. Major Town Specr� vents. SAACA shall assist the Town in presenting and produc-
ing mayor 6 n everts, including the Town's Founders' Day Celebration in October
2011. SAACA hn l select, recruit, approve and contract with vendors for booth exhibi-
tion areas at the events. The vendors may include fine arts and crafts exhibitors, live art
demonstrations, food vendors, dance and music performances and other arts and cultural
exhibits consistent with the theme of the special event and the terms of this MOU. At
any event for which SAACA secures the vendors, SAACA shall provide the Town with
five complimentary booth spaces for use as the Town sees fit.
{00026404 DOC / 3} 5/10//2011 JF
Regular Council Meeting - June 7, 2011 - Page 37 of 42 _ 1 _
d. Marketing. SAACA shall provide all marketing and promotion for events presented
and produced by SAACA for the Town. All marketing and promotional materials must
be approved by the Town prior to their distribution to the public.
2. Expenses. SAACA shall be responsible for all of its operating expenses and the Town
shall neither seek from nor provide to SAACA any compensation for the services provided under
this MOU.
3. Effective date and duration. This MOU shall be effective as of the signature date of the
last Party to sign this MOU, and shall remain in effect for one year. The, term may be extended
by mutual written agreement of the Parties.
4. Relationship of the parties. In the performance of the series cgntemplated by this MOU,
SAACA shall act solely as an independent contractor, and nothing eXt, ssed or implied in this
MOU shall be construed to create the relationship of employen.and emptpee, partnership, prin-
cipal and agent, or to create a joint venture between the Town and SAACA
5. 501(c)(3) status of SAACA. SAACA shall maintain its 501(c)(3) status :non- profit
corporation at all times relevant to this MOU.
6. Insurance. SAACA shall maintain insurance with than fiollowing required " and
limits, and the Town shall be named as an additional insure�n the commercial general liability
insurance policy:
Worker's Compensation: Statutory
Employer's Liability: U.S. $1,000,000
Commercial General Liability: U.S. $1,000,000 per occurrence
U.S. $2,000,000 aggregate
Business Auto Liability: U.S. $1,000,000 combined single limit
7. Mutual indemnaficatipn. T61the fullest extent *rmitted by law, each Party shall indemni-
fy, defend and hold the other Party, l gpyerning board or body, officers, departments, em-
ployees an�rtts la nless frbm and agat any and all suits, actions, legal or administrative
proceedt claims; d &4 ds, lidns,.losses, fines or penalties, damages, liability, interest, attor-
neys _nsultants' and ary ountants' � or costs and expenses of whatsoever kind or nature,
resultingrom or arising oir Of any at or omission of the indemnifying Party, its agents, em-
ployees or "'aq ne acting undi r its direction or control, whether intentional, negligent, grossly
negligent, or otlnting to Areach of contract, in connection with or incident to the perfor-
mance of this MOB,
8. Regulatory com�ce and approvals. Each Party shall at its own expense comply with
all applicable federal, , ate and local laws, rules, and regulations in connection with its obliga-
tions under this MOU. As part of this obligation, SAACA shall obtain any and all permits pre -
scribed by the Town, the Northwest Fire District or any other appropriate regulatory agency for
its activities under this MOU. In consideration of the services to be performed by SAACA under
the terms of this MOU, to the extent legally permissible, the Town agrees to waive all Town of
Marana review and permit fees that SAACA would normally be required to pay for the events
and activities SAACA produces pursuant to this MOU.
9. Appointment of representatives. To further the commitment of the Parties to cooperate in
the activities described in this MOU, the Town and SAACA each shall designate and appoint a
{00026404.DOC / 3 } 5/10//2011 JF
Regular Council Meeting - June 7, 2011 - Page 38 of 42 -2-
representative to act as a liaison for the Town and its various departments and SAACA. The
initial representative for the Town (the "Town Representative ") shall be Adelina Martin, Special
Events Coordinator, and the initial representative for SAACA shall be Kate Marquez, Executive
Director. The representatives shall be available at all reasonable times to discuss and review the
performance of the Parties to this MOU and their responsibilities in connection with the services
to be performed under this MOU.
10. Town personnel. At the Town's sole discretion, the Town may assign Town personnel to
assist SAACA in performing the services described in paragraph 1 of this MOU. SAACA may
also request assistance from Town personnel in the performance of t §eiservices by contacting
the Town Representative. Assistance will be provided at the Town's sole discretion.
11. Notices. All notices, requests, demands, and other, ations under this MOU
shall be in writing and shall be deemed given if personally"' livered _ ailed, certified mail,
return receipt requested; to the following addresses:
If to the Town to: TOWN OF MARANA
Attn: Strategic Init tNt Director,.
11555 W. Civic Center'Dft , -131 A3
Marana, AZ 85653:
If to SAACA, to: SOUTHERNrARIZONA ARTS & C rURAL ALLIANCE
Attn: Execd&.eDirector
7225 N. Oracle Raad, Site 112
Tucson, Arizona 85764,
12. Entire agreement. Thy MOU constltuC * ;tile entire N"h''Oement and understanding of the
Parties pertaining to the ' tU*et ratter of the MOU and supersedes all offers, negotiations, and
other agreements of aiy, kind. Att prior and contemporaneous agreements, representations and
understandings of the Parties, oral fir written, are slteded and merged in this MOU.
13. Authorat r to execute `itgr fie U tndividuals executing this MOU hereby represent
that they have fi11t tt power,pd authority fib execute this MOU on behalf of their respective
Parties.
we majeu standii any other term, condition or provision of this MOU to
the contrary, :f any Party tct ;this MOU is precluded from satisfying or fulfilling any duty or
obligation imn sed upon it due to labor strikes, material shortages, war, civil disturbances,
weather conditions -natural dusters, acts of God, or other events beyond the control of such
Party, the time perl04 provided herein for the performance by such Party of such duty or obliga-
tion shall be extended 6f a'period equal to the delay occasioned by such events.
15. Immigration id s. SAACA warrants that it will at all times comply with all federal im-
migration laws and regulations that relate to its employees and with Arizona Revised Statutes
section (A.R.S. §) 23 -214 (A). SAACA acknowledges that pursuant to A.R.S. § 41 -4401 and
effective September 30, 2008, a breach of this warranty is a material breach of this MOU subject
to penalties up to and including termination of this MOU, and that the Town retains the legal
right to inspect the papers of any employee who works on the MOU to ensure compliance with
this warranty.
{00026404.DOC / 3} 5/10//2011 JF
Regular Council Meeting - June 7, 2011 - Page 39 of 42 -3-
16. Scrutinized business operations. SAACA certifies that it does not have, nor will it for the
duration of this MOU have, scrutinized business operations in Sudan or Iran as defined in
A.R.S. § 35 -391 and A.R.S. § 35 -393, respectively.
17. Conflict of interest. This MOU is subject to the provisions of A.R.S. § 38 -511, which
provides for termination in certain instances involving conflicts of interest.
18. Attorneys' fees. The prevailing Party in a civil action to enforce this MOU shall be en-
titled to recover from the other Party, in addition to any relief to which such prevailing Party may
be entitled, all costs, expenses and reasonable attorneys' fees incurred in connection with that
civil action.
19. Governing law. This MOU shall be construed in accordaricle with the laws of the State of
Arizona.
20. Termination. Either Party may terminate its participation in this SOU for any reason
upon at least fifteen days' prior written notice to the other Party.
21. Miscellaneous.
a. This MOU may not be modified except in a �vki�"J g SJ ed by both of thee'Parties.
b. The captions and section numbers appearing in are inserted only as a matter
of convenience, and do not define, limit, construe or"' Ve ribe the scope or intent of such
sections or articles of this MOU.
c. This MOU may be executed in multiple co ltE prparts, each of which shall, for all pur-
poses, be deemed an original and all old:whtch,�taken tether, shall constitute one and the
same agreement
s
[SIGNATURE RA6 FSJLLO ]
EP
4
o e
3), ! i-
G
A .
{00026404.DOC / 3} 5/10//2011 JF
Regular Council Meeting - June 7, 2011 - Page 40 of 42 -4-
IN WITNESS WHEREOF, the Parties have duly executed this instrument below.
The "Town" "Southern Arizona Arts & Cultural Al-
TOWN OF MARANA, an Arizona municipal liance"
corporation SOUTHERN ARIZONA ARTS & CULTURAL
ALLIANCE, an Arizona non -profit corpora-
tion
Ed Honea, Mayor
Date: Kate Marque,ecutive Director
Date
ATTEST:
Town Clerk Date
APPROVED AS TO FORM:
x
Town Attorney Date
3�.
n ;
s
^�N
l ;S
w.
{00026404.DOC/3) 5/10//2011 JF
Regular Council Meeting - June 7, 2011 - Page 41 of 42 -5-
",, "
A w NA
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, June 7, 2011, 7:00:00 PM
To: Mayor and Council Item D 1
From: Gilbert Davidson , Town Manager
Strategic Plan Focus Area:
Not Applicable
Subject: Le gislative/Intergovernmental Report: regarding all pending state and federal
legislation and report on recent meetings of other legislative bodies
Discussion:
This item is scheduled for each regular council meeting in order to provide an opportunity for
discussion of any legislative or regional intergovernmental item that might arise. 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 /intergovernmental issues.
Suggested Motion:
Mayor and Council's pleasure.
Regular Council Meeting - June 7, 2011 - Page 42 of 42