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Home My WebLink About08/07/2012 Amended Council Agenda PacketMARANA TOWN COUNCIL Amended at 10: 00 a.m. on August 3, 2012 - REGULAR COtTNCIL MEETING NOTICE AND AGENDA 11�55 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, August 7, 2012, at or after 7:00 PM Ed Honea, Mayor Patti Comerford, Vice Mayor David Bowen, Council Member Herb Kai, 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 priar to the meeting. Revised agenda items appear in italics. As a courtesYto others, please turn off or put in silent mode all pagers and cell nhones. 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. S ep aking at Meetin�s 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. Accessibilitv 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 special services are available upon prior request to the Town Clerk at least 10 working days prior to the Council meeting. Agendas Regular Council Meeting - August 7, 2012 - Page 1 of 95 MARANA TOWN COUNCIL Amended at 10: 00 a.m. on August 3, 2012 - REGULAR COIJNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, August 7, 2012, at or after 7:00 PM Ed Honea, Mayor Patti Comerford, Vice Mayor David Bowen, Council Member Herb I�ai, Council Member Carol McGorray, Council Member Jon Post, Council Member Roxanne Ziegler, Council Member ACTION MAY BE TAKEN BY THE COLTNCIL ON ANY ITEM LISTED ON THIS AGENDA. Re�isions to the agenda can occur up to 24 hours prior to the rneeting. Revised agenda items appear in italics. As a courtesy to others. please 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 priarto the meeting. In such a case a new agenda will be posted in place of this agenda. S ep aking at Meetin�s 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. Accessibilitv 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 special services are available upon prior request to the Town Clerk at least 10 working days prior to the Council meeting. Agendas Regular Council Meeting - August 7, 2012 - Page 1 of 95 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, August 06, 2012, 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 akeady 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 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: Resolution No. 2012-061: Relating to Development; approving a final block plat for Cascada North, Blocks I-IV & Common Areas A& B (Kevin Kish) C 2: Resolution No. 2012-062: Relating to Parks and Recreation; approving and authorizing the Mayor to execute an intergovernmental agreement between the Town of Marana and the Pima County Regional Flood Control District for design and construction of a paved path under the Cortaro Bridge at the Santa Cruz River. (Tom Ellis) C 3: Resolution Na 2012-063: Relating to Fleet Management; approving and authorizing Regular Council Meeting - August 7, 2012 - Page 2 of 95 the Mayor to execute a renewal of the intergovernmental agreement between the Town of Marana and Pima County for the provision of fuel and vehicle maintenance (Erik Montague) C 4: Resolution No. 2012-064: Relating to Heritage; approving and authorizing the Mayor to execute a memorandum of understand'mg between the Town of Marana and the Marana Heritage Conservancy regarding the preservation and promotion of the Town's history and heritage through cultural and heritage-related activities and events in the Town of Marana and the Conservancy's use of the Marana Municipal Complex Community Room (T. VanHook) C 5: Approval of June 19, 2012 Council Meeting Minutes (Town Clerk ) C 6: Approval of July 17, 2012 Council Meeting Minutes (Town Clerk ) LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION A 1: Ordinance No. 2012.09: Relating to Mayor and Council; amending Marana Town Code Title 2 entitled "Mayar and Council," Chapter 2-4 entitled "Council Procedure"; amending Section 2-4-1 to revise procedures for posting of Council meeting notices; amending Section 2-4 2 to revise provisions regarding agenda format; amending Section 2- 4-4 to revise procedures for open call to the public at Council meetings; and declaring an emergency Resolution No. 2012-065: Relating to Mayor and Council; declaring as a public record filed with the Town Clerk the amendments adopted by Ordinance No. 2012.09 to Marana Town Code Title 2"Mayor and Council," Chapter 2-4 entitled "Council Procedure" (Jane Fairall) ' A 2: Resolution No. 2012-066: Relating to Mayor and Council; approving an amended agenda format for regular Town Council meetings (Jane Fairall) A 3: Relating to Utilities; Appointing a council member or a number of council Added r.ate members to negotiate on the Town of Marana's behalf in the wastewater litigation (Frank Cassidy) ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Relatin t� o Legislation and Government Actions: Discussion and possible action regarding all pending state, federal, and local legislation/government actions and on recent and upcoming meetings of other governmental bodies (Gilbert Davidson) D 2: Relating to Parks and Recreation; discussion and consideration of a possible one- Added Lar� time waiver of the Town's mobile stage rental policy regarding the use of the stage outside Town limits and the fees associated with the use of the stage (Ed Honea) 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), for discussion or Regular Council Meeting - August 7, 2012 - Page 3 of 95 consultation with the Town's attorneys and to instruct the Town's representatives concerning (1) the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008-001131, Arizona Court of Appeals No. 1 CA CV 11 0381; (2) the lawsuit entitled Pima County v. Town of Marana, Pima County Superior Court No. C20116094; and (3) pending legal issues, settlement diseussions 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 Councit Meeting - August 7, 2012 - Page 4 of 95 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, August 7, 2012, 7:00 PM To: Mayor and Council From: Kevin Kish, Planning Director Strategic Plan Focus Area: Community Item C 1 Subject: Resolution No. 2012-061: Relating to Development; approving a final block plat for Cascada North, Blocks I-IV & Common Areas A& B Discussion: History The Cascada Specific Plan was approved by the Town Council on December 5, 2006 by Ordinance 2006.23. A Final Plat for Cascada was then approved by the Town Council on 7anuary b, 2009 by Resolution 2009-01. The Cascada North Specific Plan was then approved by the Town Council on November 15, 2011 by Ordinance 2011.3 l which rezoned approximately SS7 acres of the Cascada Specific Plan area and the remaining 108 acres of the Northgate Specific Plan area. The Cascada North Specific Plan is meant to be an extension of the Cascada Specific Plan with similar residential and recreational land uses along with greater natural open space area. Request Red Point Development is requesting a resubdivision of approximately 557 acres of the Cascada Final Plat within the original Cascada Specific Plan and an additional 108 acres within the Cascada North Specific Plan area to create a 665 acre block plat for Cascada North. Four new residential blocks will cluster development allowing the creation of large, contiguous open space areas that will provide land for a wildlife corridor for the region. Location The proposed resubdivision is located generally north of the existing dedicated Lambert Lane right-of- way, east of Interstate 10 and west of Twin Peaks Road. Zoning Cascada North Specific Plan allows for the development of a community that provides a range of housing opportunities while also providing large areas of open space. Residential development will be clustered tolimit the disturbance of washes and natural habitat by strategically placing the necessary wash crossings. The residential development has a total target yield of 1,387 residential units on approximately 250 acres. The development will consist of 179.5 acres of Medium Density Residential (NIDR) and 69.7 acres of Medium High Density Residential (MHDR). Open space is provided by setting aside 372.8 acres land with 181.9 acres designated as a wildlife corridor in the Cascada North Specific Plan and as identified in the Town's Draft Habitat Conservation Plan (HCP). Regular Council Meeting - August 7, 2012 - Page 5 of 95 Transportallon Access to the site will be off the planned, future Lambert Lane. ATTACHMENTS: Name: Description: � Resolution 2012-061Cascada North FP f11 doc Resolution 2012-061 [3 Cascada North BP Location Maa.adf Location Map (� Application.odf Application � Cascada North Final Block Plat TC.adf PRV-12004F Cascada North Final Plat Staff Recommendation: Type: Cover Memo Backup Material Backup Material Backup Material Staff finds that the final block plat is in compliance with the Cascada and Cascada North Specific Plans, Marana Land Development Code and the Marana General Plan. Staff recommends approval of this final block plat. Suggested MoNon: I move to adopt Resolution No. 2012-061, approving a fmal block plat for Cascada North, Blocks I-IV & Common Areas A & B. Regular Councii Meeting - August 7, 2012 - Page 6 of 95 MARANA RESOLUTION NO. 2012-061 RELATING TO DEVELOPMENT; APPROVING A FINAL BLOCK PLAT FOR CASCADA NORTH, BLOCKS I-IV & COMMON AREAS "A" &"B". WHEREAS, the Cascada Specific Plan was approved by the Town Council on December 5, 2006, as Ordinance 2006.23; and WHEREAS, the Cascada Final Plat was approved by the Town Council on January 6, 2009, as Resolution 2009A1 and WHEREAS, the Cascada North Specific Plan was approved by the Town Council on November 15, 2011, as Ordinance 2011.31; and WHEREAS, Red Point Development, has applied for a partial resubdivision of the Cascada Final Block Plat creating the Cascada North Final Block Plat, Blocks I-N & Common Areas "A" &"B", a subdivision on 665.28 acres, generally located north of Twin Peaks Road and east of Interstate 10, within a portion of Section 9& 10, Township 12 South, Range 12 East; and WHEREAS, the Town Council, at their regular meeting on August 7, 2012, determined that the Final Block Plat for Cascada North, Blocks I-IV & Common Areas "A" &"B" should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Final Block Plat for Cascada North, Blocks I-IV & Common Areas "A" & "B" is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 7�' day of August, 2012. ATT`EST: Mayor Ed Honea Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution No. 2012-061 07/31/2012 Regular Council Meeting - August 7, 2012 - Page 7 of 95 Regular Council Meeting - August 7, 2012 - Page 8 of 95 FLANNING & ENCINEER�NG APPLICATION Regular Council Meeting - August 7, 2012 - Page 9 of 95 � Freliminary Piat � Fin�l Pt�rt [� �ieneral Plan Amendmeni [�Variance ❑ Develapment Fian � SWPP Q Landscape Pia�t ❑ N�ive f'lant Permit ❑ Specific plan Amendrnent Q Conditianal Use PermiC [� R�nelSpecific PIan Q 1^3ative Pt�nt ExGeption Q Sign'tfic�nt Land Use Change ❑ Minor Land t3ivisirm Q Water PJan �] Asmexatism ❑ Specific Ptan ��,; ----�----- � i � i I I I I ` i � �i� I ~ � �� F -------------i--- i i II I �� ----------- --- � �� r �� . �� P � � � �� L_ _ _ — _ _ _ L — — _ — � �� n �� €� �� ''� � �g�� n �� '�� e� �� 3 g a �� _� � �� €� � �� a �� 3 ;�� :�� S` � �� ` �� ` � �� °� � � � � �F �� €� �� $ � � �� W �� 8 � � � �- 85f ��b �� m � 3� � " �� g � � �� --�-- --- ; � , � � , � � � � I � �j� � � ' � a i� � Q � � � �4 v —� .. t�- '�' � o'��i �° � �� a o�� ; �� R �$ .. �� a �$ � �� _ �� o �� _� � � � � m ��sa�� _ �8 � �� $ � �� j�o �@ ��,� �� .. .� �n i n d n e5 w �� $ � � � � z � � � �; � � 3 � _ � • � � � � � �`'a ��€� � � � r�s � � � � a � � � �� J a• e �� *Ool � � I � � ; �� ; , �� I I I1►' �� ; � �8 P€ g � �< � �� S € � � B� :�°�= �.��= �� is �.� � a J > � �v � � � � �� ;� o� �;� � � ..�� a� � $_� � �� R �� _ ��_� �� s�� . �� .��R�.�� 8 �� j � � < � ��N ��R 8� � �� 8 �� 1�� Q � � � �� W� � 3�� I � � � � � $ � �� ; �� a b .l� �_ � � � �� S �� ` � � � � n �a� d � �� G € �'6 : � � � �w � �& tl � � OWN n ��S �� 5 F o�g�� W� s F �� -no �+ �� g � N-0S¢ �° ��$ � o � o.-�� Q g � o .� � � �a n� m �� u� y -�� , � � �� Q <�;�� Q � _��, W � �v m�m� � � �� N v J � � � �� <� u a �� s � � � s � � � '� �� g � � � ��„ � � � a �� s r � �� a � e � � �� w�� s �'� �� ❑ s � � � i � � \ � �l $ � `. 8 �, l\ v. r �� ► \ �� ` 1 � \ a� � '.� � 1 �. �� .. °D� �� - l �� \��. \ � - �----;- X .��. � �\°'@ � �� . � � JJ �„9 3 ri�•� N 1� ��• � < � \ h d (�:zo '�� ' S'F �� . 1 I :� m ,� � Q .� � � � � � � g :_ 4=g� - - - �� ``� � � ^ � � � � �� -�, � - -� � � , � � ` o � �` I �\`� ��° �� 1 �\ � � � _ _ \� �� _ _ � � � � ' � b � I �R ; ^ga I � b$`. �,�� ' �� j � � � � � " — , J6/ � . � / � '° � r �' � � � � / r g g � � < - 8 a 8 3 � � g � � �� ¢� �� $ $ � � ❑ � a .c � � �� a � g g � ff � � S 6 � � � � � � � � �� < �� W�� R Rd � �a 0 .: N r3 i Yi $ _ ; �W �� `� "�u « � � <OH � � � ��e � �^ _� �� — -:,a� �� '�s� �z� �� q < ��° � - _ � � 0 0 o � _� � � �_� �a• N�-� �� :�� r� �.� J t < . aQ� �•'��> W � �U m�m�� d� �_ � �� i q � �� F�� '� .� � �� i � g �� o � �� §�� 4 ��5p . � � y� � y� � y! : �� 8 `� � Q y k 1� ��T <��65 FPFi ��S�6F�E� � � aE � g$ � E� �� lE � � � �� R � � °� R � � �� '�� K � � � �$, � R �� s � S� a j = � � R � �� g �a i � x s € a g �s ¢ I�� S �"� �, �� a Ui� � � �'� � � ° �°]�, � & E � = a �� Y � � � � $ � S � 3: fr � � � � � � .� � � o � S �� g � E �s y � £ q� ( � � s � � � � � � .� § � a y S � g ��' § � � � $ R � § � E i z E E i b� � A�� Z�� 6 y� a$ i� a S �3 � i a '� � 3 9 y i� g y E E E� g ��ia��8 ��E€ � ��E� ��s�$��r��,�i§�$$��3�.�.°��` � V a � �a��,.�Vsv-,.o� ss� t��= Vsv �- C � . 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An initiative under this focus area is to "develop quality parks and recreational amenities" to include completing path, greenway and trail linkages with parks, recreation facilities, schools and other public infrastructure within Marana, in part by identifying opportunities to partner with other jurisdictions or private entities. Subject: Resolution No. 2012-062: Relating to Parks and Recreation; -approving and authorizing the Mayor to execute an intergovernmental agreement between the Town of Marana and the Pima County Regional Flood Control District for design and construction of a paved path under the Cortaro Bridge at the Santa Cruz River. Discussion: The Marana Parks, Recreation, Trails, and Open Space Master Plan approved by the Town Council on October 5, 2010, includes the goal "to develop a connected and continuous (path) system that serves both recreation and transportation needs and is integrated into an overall path system." The shared use path adjacent to the Santa Cruz River serves as Marana's main north-south path arteriaL In January 2012, the Town of Marana began a project to extend the Santa Cruz Shared Use Path in Continental Ranch from Coyote Trails Elementary School, 3/4 miles south to Cortaro Road. Priorto the start of this project, the Town and Pima County partnered through an intergovernmental agreement that provided that the County would contribute $200,000 in bond funds towards the purchase of two bridge crossings to support the project. As the project progressed, Town and County staff discussed the need for a crossing at Cortaro Road. Staff understood that path users would continue traveling to the path south of Cortaro Road to Crossroads at Silverbell Park and Wheeler Taft Abbett Memorial Library. In preparation for a crossing design and construction, $250,000 in Park Impact Fees was budgeted through the C.I.P. process. The preferred design choice for crossing Cortaro Road involved constructing a concrete path under the road joining the existing path to the south. The Pima County Regional Flood Control District has constructed several similar projects along the Rillito River Path. RFCD offered its expertise and contractors to design and construct the path at the Cortaro Bridge. A preliminary cost estimate prepared by Ashton Construction Company to perform the work totaled $88,210 (see attached). The proposed IGA provides that RFCD will provide construction management for the project and will assume construction risk. The Town will reimburse RFCD for the construction costs up to the cost estimate amount. Once complete, day-to-day maintenance of the path will be the responsibility of the Town. Regular Council Meeting - August 7, 2012 - Page 21 of 95 The Cortaro Road path underpass is an important addition to the Town's path inventory and provides a vital connection to the regional LOOP path system. Financial Impact: In addition to the construcrion costs of up to $88,210, annual maintenance of the paved path is estimated to be $1,140.00 to inspect, sweep, and control graffiti. ATTACHMENTS: Name: Description: Type: � IGA Resolution Desipn and Construct.DOC Resolution 2012-062 Resolu6on L� 00031188.PDF Exhibit A- IGA w/Pima Co. re: design/construction of path Exhibit [� Cortaro Underoass.qdf Cost estimate Backup Material Staff Recommendation: Staff recommends approval of the proposed IGA. Commission Recommendation - if applicable: At its November 2010 meeting, the Parks and Recreation Citizen Advisory Commission recommended shared use path connectivity as a priority for the Department to pursue. Suggested Motion: I move to approve Resolution 2012-062, approving and authorizing the Mayor to execute an intergovernmental agreement between the Town of Marana and the Pima County Regional Flood Control District for design and construction of a paved path under the Cortaro Bridge at the Santa Cruz River. Regular Council Meeting - August 7, 2012 - Page 22 of 95 MARANA RESOLUTION NO. 2012-062 RELATING TO PARKS AND RECREATION; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA AND THE PIMA COUNTY REGIONAL FLOOD CONTROL DISTRICT FOR DESIGN AND CONSTRUCTION OF A PAVED PATH UNDER THE CORTARO BRIDGE AT THE SANTA CRUZ RIVER WHEREAS Recreation is identified as one of the five focus areas of the Marana Strategic Plan II, adopted by the Town Council in March 2012; and WHEREAS Initiative 1 of the Recreation focus area is to develop quality parks and recreational amenities and the strategies for achieving this Initiative include completing path, greenway and trail linkages with parks, recreation facilities, schools and other public infrastructure within Marana, by identifying opportunities to partner with other jurisdictions or private entities and providing connection points, benches, water fountains and restrooms; and WHEREAS the Town and the Pima County Regional Flood Control District may contract for services and enter into ageements with one another for joint or cooperative action pursuant to A.R.S. § 11-952, etseq.; and WHEREAS the Mayor and Council of the Town of Marana find it is in the best interests of its citizens to enter into this intergovernmental agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the intergovernmental ageement between the Town of Marana and the Pima County Regional Flood Control District attached to and incorporated by this reference in this resolution as E�ibit A is hereby approved, and the Mayor is hereby authorized and directed to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town's Manager and staff are hereby directed and authorized to undertake all other tasks necessary to carry out the terms and objectives of the intergovernmental agreement. PASSED and ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 7�' day of August, 2012. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution No. 2012-61 07/31/2012 Regular Council Meeting - August 7, 2012 - Page 23 of 95 T �-�Il�: .� � 1-� T t1) :� C (1) � I 1": � � � �, Ii\ (' . , „ : 2727 SOUTH COUNTRY CLUB ROAD, TUCSON, AZ. 85713 MAILING ADDRESS: P.O. Box 26927, TtJCSON, AZ.85726 PHONE: (520) 624-5500 FAX: (520) 791-9059 April 25, 2012 Pima County Regional Flood Control 97 E. Congress Street, 2" Floor Tucson, Arizona 85701 Attention: John Spiker, P.E. Re: Cortaro Underpass Dear Mr. Spiker, As per your request, attached is the breakdown for the work ta be completed for the Cortaro Underpass, The Ashton Company is pleased to present a price of $88,210 for completion of this work. This scope of work is as follows: Cleanup/Remove Debris • This includes removing any debris required and sweeping and prepping the path for concrete. Handrail • This includes installing handrail along the new concrete for a length of 8041ineal feet. Concrete Path 6" Thick • This includes the installation of a path 850' in length by 12' in width underneath the Cortaro Bridge. The concrete quantity for this area was estimated to be 7" thick in order to slope away from the soil cement. Final Sweeping/Cleaning • This item includes fmal cleanup and sweeping of the area. Striping • This item includes striping the concrete with a 4" wide continuous yellow stripe. �c�vs� ritn�BExs ROC A70683 Class A General Engineering ROC 070684 Class B-Ol Generat Commercial ROC 101880 Ctass Gl l Residential Electrical ROC 101890 Ctass L-11 Commereial Electrical Regular Council Meeting - August 7, 2012 - Page 34 of 95 Please see the attached spreadsheet for a breakdown of each of these iterns. The duration for completion of this work is approximately two to three weeks. If you need additional information regarding this estimate, please feel free to call me at (520) 624-5�00 or on my cell phone at (520) 909-4805. Sincerely, THE ASHTON COMPANY, INC. Contractors & Engineers -'-��.�.�^ �_ : �a,�� Shawn Silvester, P.E. Vice President Regular Council Meeting - August 7, 2012 - Page 35 of 95 � � r V� �� e-00�0 � r'O � � � H � � � O O M O O O O O fV tf� C e= . C tq OE 11�i t0 � N Vl tr9 69 a' I J J fn J J �� J= � � C L � O � N o mU t � c � aa oc _ � N y N � �l`6 m N � � . N = C U U=U'u.iA �� m � m v c � 0 � � V � o � w m > � o Q. tu E N • V � Regular Council Meeting - August 7, 2012 - Page 36 of 95 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, August 7, 2012, 7:00 PM To: Mayor and Council From: Erik Montague, Finance Director Strategic Plan Focus Area: Not Applicable Item C 3 Subject: Resolution No. 2012-063: Relating to Fleet Management; approving and authorizing the Mayor to execute a renewal of the intergovernmental agreement between the Town of Marana and Pima County for the provision of fuel and vehicle maintenance Discussion: The Town of Marana and Pima County have had an intergovernmental agreement (IGA} for the provision of fuel and fleet services for a number of years. The agreement which allows the Town to purchase gasoline and diesel fuel at stations operated by Pima County has expired. Staff believes that it is in the Town's best interest to renew this IGA which will allow the Town to continue to purchase fuel at rates less than commercial retail fueling stations and because the County's current fueling facilites are conveniently located near Town facilities and travel routes. The renewal also allows far the Town to use Pima County Fleet Services for vehicle maintenance. While the use of Pima County Fleet Services for vehicle repair is not anticpated, there may be unforseen circumstances in the future where vehicle maintenance may be desireable. The proposed IGA renewal would be effective from the date of signing through June 1, 2017. Financial Impact: The projected costs of fuel and related vehicle maintenance are included within the fiscal year 2012-2013 budget. ATTACHMENTS: Name: Description: G� IGA Fuei Reso 2012-063.docx Resolution 2012-063 [� Counri IGA Fuel and Fleet Services.odf ExhibitA Staff Recommendation: Type: Resolution Exhibit Staff recommends approval of the IGA with Pima County for the provision of fuel and vehicle maintenance. Suggested Motion: I move to adopt Resolution No. 2012-063 approving and authorizing the Mayor to execute a renewal of the intergovernmental agreement between the Town of Marana and Pima County for the provision of fuel and vehicle maintenance. Regular Council Meeting - August 7, 2012 - Page 37 of 95 MARANA RESOLUTION NO. 2012-063 RELATING TO FLEET MANAGEMENT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A RENEWAL OF THE INTERGOVERNMENTAL AGREEMENT BETWEEN TI-IE TOWN OF MARANA AND PIMA COUNTY FOR THE PROVISION OF FUEL AND VEHICLE MAINTENANCE WHEREAS the Town of Marana has previously entered into a cooperative purchasing agreement with Pima County for the provision of fuel and fleet services to the Town of Marana; and WHEREAS the current agreement is need of renewal; and WHEREAS the Town and the Pima County may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R.S. § 11-952, et seq.; and WHEREAS the Mayor and Council of the Town of Marana find it is in the best interests of its citizens to renew this intergovernmental agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF TI-� TOWN OF MARANA, that the intergovernmental agreement between the Town of Marana and the Pima County attached to and incorporated by this reference in this resolution as E�ibit A is hereby approved, and the Mayor is hereby authorized and directed to execute it for and on behalf of the Town of Marana. � IT IS FURTHER RESOLVED that the Town's Manager and staff are hereby directed and authorized to undertake all other tasks necessary to carry out the terms and objectives of the intergovernmental agreement. PASSED and ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 7�' day of August, 2012. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution No. 2012-063 Mayor Ed Honea 07/31/20t2 Regular Councif Meeting - August 7, 2012 - Page 38 of 95 INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT BETWEEN PiMA COUNTY, ARIZONA AND � TOWN OF MARANA THIS INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT {"Agreement"), is made and entered into by and between Pima County, a body politic and corporate of the State of Arizona, (°County") and the Town of Marana, ("Marana") for the purpose of providing fuel and vehicle maintenance to Marana. WtTNESSETH: WHEREAS, County and Marana may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R.S. §§ 11-951 through 14- 954 and 41-2631 through 41-2634; and WHEREAS, Marana does not have a facility to fuel and maintain said vehicles, and is having difficuity fueling its vehicles locally; and WHEREAS, County has a facility to fuel and maintain Coun#y vehicles, and WHEREAS, County is willing to provide fuel and vehicle maintenance to Marana. NOW, THEREFARE, County and Marana agree as follows: 1. Scope A. County, through its Fleet Services Department, shall provide fuel from its field service trucks, fuel from its fueling stations located throughout Tucson and Pima County, and vehicle maintenance at 1301 South Mission Road, Tucson, Arizona 85713 to Marana. County vehicles and equipment have priority to these fuel and vehicle maintenance services. County fuel and vehicle maintenance shall only be provided vehicles owned or leased by Marana. B. The County is under no obligation to supply fuel or pertorm vehicle maintenance for Marana. Any future reduction in fuel allocations to Pima County or Marana due to local, state, or nationa! fuel shortages wil! require a proportionate reduction in fuel dispensed in accordance with its respective allocation. C. Gounty shall not be liable to Marana for damages to Marana vehicles from County- acquired fueL D. County guarantees vehicle maintenance work for 90 days or 4,000 miles, whichever comes first, and will pass on to Marana any parts warranty provided by the manufacturer. If County vehicle maintenance work or replacement parts fail in narmal service within that period, the County sha[I make additional repairs at no additional charge to Marana. County provides no other express warranty on vehiele maintenance work. Any imp{ied warranty of inerchantability or fitness is limited to the 90 day or 4,000 miles duration of this warranty. Regular Council Meeting - August 7, 2012 - Page 39 of 95 E. Marana shall be liable for all damages ta the County facility caused by Marana in the course of fueling or maintaining Marana vehicles, except for damages that result from the sole negligence of County. Furthermare, Marana shall follow the attached fueling and maintenance procedures as specified in Exhibit A, the provisions of which are part of this /�greement and incorporated by reference herein. 2. Payment A. County shall bill Marana monthly through the Fleet Services Accounting Section. Billings shall include all monthly costs for fuel and maintenance. County shall bill for vehicle maintenance at the prevailing shop rate per hour for vehicle maintenance performed at County vehicle maintenance shops. County shall bill towing and actual cast of subcontracted repairs at outside shops, plus labor cost to transport vehicles to and from outside vendors. Current rates are outlined in Exhibit A. Marana shall pay County within fifteen {15) days of County's bilL B. If, after 10 days written notice to Marana, Marana fails to pay the full amount due, County may terminate this Agreement immediately. 3. Term and Termination A. County and Marana shall within their lawful methods of financing provide for payment of the costs and expenses of their obligations arising each year under this Agreement from current annual budgeted funds for that year. B. The term of the Agreement shall be from the date of signature by the Pima County Board of Supervisors through June 1, 2017 unless sooner terminated pursuant to the terms of this Agreement. Any modification of this Agreement shall be by formal written amendment and executed by the parties hereta C. Notwithstanding any other provision in this Agreement, this Agreement may be terminated if for any reason the Pima County Board of Supervisors does not appropriate sufficient monies #or the purpose of maintaining this Agreement. In the event of such cancellation, County shall have no further obligation to Marana. D. Either party may terminate this Agreement at anytime with thirty (30) days written notice. 4. Severability If any provision of this IGA, or any application thereof to the parties or any person or circumstances, is he{d invalid, such invalidity shall not affect other provisians or applications of this !GA which can be given effect, without the invalid provision or application and to this end the provisions af this IGA are declared to be severable. 5. Indemnification Each party (as Indemnitor) agrees to indemnify, defend and hold harmless the other party (as Indemnitee) from and against any and all claims, losses, liability, costs ar expenses (including reasonable attorney's fees) (hereinafter collectively referred to as "claims") arising out of bodily injury of any person (including death) or property damage, but only to the extent that such claims which result in vicarious/derivative liability to the Indemnitee, are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees, or volunteers. Regular Council Meeting - August 7, 2012 - Page 40 of 95 6. ADA This Agreement shall comply with all applicabie provisions of the Americans with Disabilities Act {Public Law 101-336 42 U.S.C. 12101-12213) and all applicable federal regulations under the Act including 28 CFR parts 35 and 36. 7. Confiict of Interest This Agreement is subject to the provisions of A.R. S. §38-511. 8. No Joint Venture It is not intended by this IGA to, and nathing contained in this IGA shall be construed to, create any partnership, joint venture or emplayment relatianship between the parties or create any employer-employee relationship between County and any Marana employees, or between Marana and any Gounty employees. Neither party shall be liable for any debts, accounts, obligations or other liabilities whatsoever of the other, including (without limitation) the other party's obligation to withhold Social Security and income taxes for itself or any of its employees. 9. Campliance with Laws The parties shall comply with all federal, state and local laws, rules, regulations, standards and Executive Orders, without limitation to those designated within this Agreement. The laws and regulation of the State of Arizona shall govem the rights of the parties, the performance of this Agreement and any disputes hereunder. Any action relating to this Agreement shall be brought in an Arizona court in Pima County. Any changes in the governing laws, rules and regulations during the terms of this Agreement shaN apply but do not require an amendment. 10. Non-discrimination CONTRACTOR agrees to comply with all provisions and requirements of Arizona Executive Order 2009-09 includins� flow down of all provisions and reauirements to anv subcontractors. Executive Order 2009-09 supersedes Executive order 99-4 and amends Executive order 75-5 and may be viewed and downloaded at the Governor of the State of Arizona's website http://www.azgavernor.aov/dms/uploadlEO 2009 09.adf which is hereby incorporated into this contract as if set forth in full herein. During the performance of this contract, CONTRACT4R shall not discriminate against any employse, client or any other individual in any way because of that person's age, race, creed, color, religion, sex, disabiGty or national origin. 11. No Third Party Beneficiaries No#hing in the provisions of this IGA is intended to create duties or obligations to or rights in third parties not parties to #his IGA or affeat the legal liability of either party to the IGA by imposing any standard of care with respect to the maintenance of public facilities different from the standard of care imposed by law. Regular Council Meeting - August 7, 2012 - Page 41 of 95 12. Worker's Compensation Each party shall comply with the notice of A.R.S. § 23-1022 (E). For purposes of A.R.S. § 23-1022, each party shall be considered the primary employer of all personnel currently or hereafter employed by that party, irrespective of the operations of protocol in place, and said party sha11 have the sole responsibility for the payment of Worker's Compensation benefits or other fringe benefits of said employees. 13. Insurance Each party shall obtain and maintain at its own expense, during the entire #erm of this Contract the following type(s) and amounts of insurance: a) Commercial General Liabili#y in the amount of $1,000,000.00 combined single limit Bodily injury and Property Damage. b) Commercial or Business automobile liability coverage for owned, non- owned and hired vehicles used in the performance of this Contract with limits in the amaunt of $1,000,000.00 combined single limit or $1,000,000.00 Bodily tnjury, $1,OOO,Q00.00 Property Damage. c) If this Contract involves professional services, professional liability insurance in the amount of $1,000,000.00 d) If required by law, workers' compensation coverage including employees' liability coverage. Parties to this agreement shall provide thirty (30) days of written notice to all partiss to this IGA of cancellation, non-renewal or material change of coverage. The above requirements may be alternatively met through se� insurance pursuant A.R.S. §§ 11-261 and 11-981 (or if a school district, § 15-382) or participation in an insurance risk pool under A.R.S. § 11.952.01 (or if a schoof district, § 15-382) at no less than the minimal coverage levels set forth in this article. Parties to this agreement shall provide thirty (30) days written notice to all other parties of caneellation, non-renewal or material change of coverage. 14. Entire Agreement This document constitutes the entire Agreement between the parties pertaining to the subject matter hereof, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. This Agreement shatl not be modified, amended, altered or extended except through a written amendment signed by the parties. Regular Council Meeting = August 7, 2012 - Page 42 of 95 IN WiTNESS WHEREOF, Pima County has, by order of its Board of Supervisors, authorized the Chairto execute this agreement and be attested by the Clerk of said Board, and said Marana has, by order of its Governing Board, caused these presents to be subscribed by the Chairman, the day, month and year first abave written. COUNTY OF PIMA Chair, Pima County Board of Supervisors TOWN OF MARANA Chair ATTEST Clerk, Board of Supervisors FLEET SERVICES: Fleet Seroices Director ATTEST Clerk The foregoing Agreemen# between Pima County and Town of Marana has been reviewed pursuant to A.R.S. § 11-952 by the undersigned, who have determined that it is in proper form and within the powers and authority granted under the laws of the State of Arizona to those parties to the Agreement represented by the undersigned. Pima County Deputy County Attorney Town of Marana Attomey � Regular Council MeeUng - August 7, 2012 - Page 43 of 95 EXHIBIT A FUELING PROCEDURES (1) TOWN OF MARANA will provide the County with a list of all of their members who require a gas purchase fuel key and a list of all the vehicles that wiil be obtaining fuel at Pima County fueling stations. Fleet Services wil! issue individual driver and vehicle fueling keys. (2) TOWN OF MARANA is to notify Fleet Services immediately if a fueling key becomes lost or stolen. Any fuel that is obtained prior to notification to the Fleet Services Department will be the responsibility of TOWN OF MARANA, and TOWN OF MARANA wifl be charged accordingly. MAINTENANCE PROGEDURES (1) TOWN OF MARANA will have the availability to bring their vehicles to the Fleet Services maintenance shop far both major and minar preventive maintenance. Preventive maintenance will be based on mileage intervals as determined by T4WN OF MARANA � (2) Whenever possible TOWN OF MARANA will scheduie their vehicles for preventive maintenance ane (1) week in advance. Downtime of vehicle shall be determined by maintenance shop workload. Pima County shatl advise TOWN OF MARANA when work will begin on the vehicle and the estimated completion time; Pima County will advise TOWN OF MARANA of any changes in the repair schedule. (3) Priority for maintenance will be given to Pima County vehicles. (4) TOWN OF MARANA will have the availability of utilizing Pima County's towing service company providing arrangements are made through Fleet Services Department. (5) Pima County Fleet Services Department reserves the right to sublet maintenance repair work to vendors utilized by Pima County, if it is determined that subletting would be more practical or economically feasible. TOWN OF MARANA wauld be required to pay the actual amount of the sublet invoice plus the labor cost for transporting the vehicle to and from the vendor to the Pima County Fleet Services Shop. (6) All licensing, titling and insurance for TOWN OF MARANA vehicles wifl be the sole responsibility of TOWN OF MARANA. Regular Council Meeting - August 7, 2012 - Page 44 of 95 e�:/:11:3�i•' MAINTENANCE PROCEDURES CURRENT RATES MAINTENANCE: ALL VEHICLE SHOP $65.00 PER HOUR Regular Council Meeting - August 7, 2012 - Page 45 of 95 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, August 7, 2012, 7:00 PM To: Mayor and Council From: T. VanHook, Community Development Director Strategic Plan Focus Area: Heritage Strategic Flan Focus Area - Additional Information: Item C 4 Working with community partners and heritage organizations to create oral and written history is as an action strategy under the "Heritage" focus area of the Marana Strategic Plan. This partnership will strengthen the Town's ability to identify and showcase the contributions of different peoples, cultures and ethnicities to the development of Marana. Subject: Resolution No. 2012-064: Relating to Heritage; approving and authorizing the Mayor to execute a memorandum of understanding between the Town of Marana and the Marana Heritage Conservancy regarding the preservation and promotion of the Town's history and heritage through cultural and heritage-related activities and events in the Town of Marana and the Conservancy's use of the Marana Municipal Complex Community Room Discussion: On May 4, 2010, the Town Council adopted Resolution No. 2010-43, formally endorsing the Marana Heritage Conservancy as a community partner for the preservation and promotion of Marana's history and heritage. Since that time, the Conservancy has continued to grow, as has the scope and scale of the Town's heritage-related activities and initiatives. The proposed memorandum of understanding (MOin clarifies the Town's relationship with the Conservancy and initiates a formal partnership between the two organizations. In exchange for use of Town facilities and support from Town staff, the Conservancy will sponsor, support, develop, and implement community cultural and heritage-related projects and programs that enrich the cultural life of the community and that are consistent with the provisions of the Town's Strategic Plan, including participation in the annual Founders' Day Festival, assistance with cataloging of historical records, and raising funds for future community projects. The term of the proposed MOU is perpetual; however, either party may terminate the agreement upon 90 days' written notice. Financial Impact: There is no direct financial impact to either organization contained in the proposed MOU. However, the MOU does commit the Town to waiving any permit fees that may be necessary for Conservancy events or activities. ATTACHMENTS: Regular Council Meeting - August 7, 2012 - Page 46 of 95 Name: Description: Type: � Heritape MOU Reso No. 2012- 064.doc Resolutin 2012-064 Resolution � 00031231.PDF Exhibit A- MOU w/Heritage Conservancy Exhibit Staff Recommendation: Staff recommends approval of the proposed MOU Suggested Motion: I move to adopt Resolution No. 2012-064, approving and authorizing the Mayor to execute a memorandum of understanding between the Town of Marana and the Marana Heritage Conservancy. Regular Council Meeting - August 7, 2012 - Page 47 of 95 ►�_::._ ; � �. ►� i i�- RELATING TO HERITAGE; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF MARANA AND TI� MARANA HERITAGE CONSERVANCY REGARDiNG TI-� PRESERVATION AND PROMO- TION OF THE TOWN'S HISTORY AND HERITAGE THIZOUGH CULTURAL AND HERIT- AGE-RELATED ACTIVITIES AND EVENTS IN THE TOWN OF MARANA AND THE CON- SERVANCY'S USE OF TI� MARANA MUNICIl'AL COMPLEX COMMUlvITY ROOM WI-IEREAS the Town Council of the Town of Marana has determined through the adoption of the Town's Strategic Plan that maintaining a sense of community character and heritage by linking the past, present and future is in the public interest and enhances the community; and WHEREAS on May 4, 2010, the Town Council adopted Resolution No. 2010-43 formally en- dorsing the Marana Heritage Conservancy (the Conservancy), a not-for-profit organization that exists to discover, preserve and promote the traditions, cultures, historic places, working landscapes and natural treasures in the Marana sphere of influence, as the Town's designated partner and caretaker of the Town's treasured past; and WHEREAS the Town and the Conservancy desire for the Conservancy to present and promote cultural and heritage-related events and activities in the Town and to continue its work preserving the Town's history; and WHEREAS the Town Council desires for the Town to provide support and assistance to the Conservancy in the Conservancy's work preserving and promoting the Town's history; 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 the Ma- rana Heritage Conservancy, attached to and incorporated by this reference in this resolution as Ex- hibit A, is hereby approved and the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana. Marana Resolution No. 2012-064 1 of 2 07/31/2012 Regular Council Meeting - August 7, 2012 - Page 48 of 95 SECTION 2. The Town's Manager and staffare 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, ADOPTED, and APPROVED by the Mayor and Council ofthe Town of Marana, Arizona, this 7�' day of August, 2012. ATTEST: Mayor Ed Honea Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution No. 2012-064 2 of 2 07/31/2012 Regular Council Meeting - August 7, 2012 - Page 49 of 95 : MEMORANDUM OF UNDERSTANDING AND LICENSE AGREEMENT THIS MEMORANDUM OF UNDERSTANDING AND LICENSE AGREEMENT (thiS "MOU��) iS entered into by and between the Towtv oF MARANA, an Arizona municipal corporation (the "Town"), and the MARANA HERITAGE CONSERVANCY, an Arizona non-profit corpa ration (the "Conservancy"). The Town and the Conservancy are sometimes collectively referred to in this MOU as the "Parties," either of which is sometimes individually referred to as a "Party." RECITALS A. In March 2012, the Town Council of the Town of Marana adopted the Town of Marana Strafiegic Plan II. The Strategic Plan identifies Heritage as one of the five focus areas of the Plan, with the goal of strengthening community � character by linking the past, present and future. B. The Marana Heritage Conservancy is a not-for-profit organization established to discover, preserve and promote the traditions, cultures, historic places, working land- scapes and natural treasures in the Marana sphere of influence through education, preservation, fundraising and community outreach. C. On May 4, 2010, the Town Council adopted Resolution No. 2010-43, formally en- dorsing the Conservancy as the Town's designated partner and caretaker of the Town's treasured past and authorizing the Town Manager to provide support and assistance to the Conservancy. Among other items, the Resolution authorized the Conservancy to use, at no cost, materials and logos associated with the Marana Heritage Project to the extent and for purposes and uses authorized by the Town Manager. D. The Town and the Conservancy desire for the Conservancy to present and pro- mote cultural and heritage-related events and activities in the Town and to continue its work preserving the Town's history. E. The Town and the Conservancy desire for the Town to provide support and assis- tance to the Conservancy in the Conservancy's work preserving and promoting the Town s history, including use of the Marana Municipal Complex Community Roam (the "MMC Community Room'). F. The Town finds that the benefits to the Town resulting from the Conservancy's cultural and heritage-related activities in the Town, as well as the Conservancy's work preserving the Town's history in accordance with the terms of this MOU, have a value {00026531.DOC / 11 } 7/11//2012 JF Regular Council Meeting - August 7, 2012 - Page 50 of 95 at least equal to the fair market value of use of the MMC Community Room and the other support and assistance to be provided to the Conservancy by the Town puxsuant to this MOU. �_ 1 _� ; �r�� _ NOW, THEREFORE based on the foregoing recitals, which are incorporated here as the intent of the Parties in entering into this MOU, and in consideration of the terms of this MOU, the Parties hereby agree as follows: 1. Services to be performed bt� the Conservancy. a. General. Ix► coordination with the Town, the Conservancy shall sponsor, sup- port, develop and implement cornrnunity cultural and heritage-related projects and programs that enrich the cultural life of the community and that are con- sistent with the provisions of the Towri s Strategic Plan and this MOU. b. Major Town special events, In coordination and collaboration with the Town, the Conservancy shall assist the Town in the planning and execution of major Town special events, including the Town s annual Founders' Day celebration. The Canservancy shall provide an exhibition area at the Founders' Day event each year, which may include educational displays, food vending, performing arts demonstrations and other cultural and heritage-related exhibits consistent with the therne of Founders' Day and the terms of this MOU. The Conservancy may also participate in other Town events as determined in coordination and co1- laboration with the Town. When participating in any special events, the Con- servancy shall comply with all permitting requirements, as described in para- graph 17 below. c. Fundraising. The Conservancy agrees to continue its efforts to develop tax de- ductible charitable funding for activities appropriate to the shared mission of the Conservancy and the Town. The Conservancy further agrees that all its fund- raising activities will be undertaken in compliance with state, lacal and federal laws. 2. Support and assistance fo be provided by the Tozvn. a. Marana Heritage Project materiais and logos. The Town shall continue to permit the Conservancy to use, at no cost, materials and logos associated with the Marana Heritage Project to the extent and for purposes and uses authorized by the Town Manager. The Conservancy shall not modify, revise or alter the Marana Heritage Project materials and Iogos in any way. The Conservancy shall obtain the priar written approval of the Town Mariager or designee before using the rnaterials and logos. b. Marana Municipal Complex use. The Town shall permit the Conservancy to use, at na cost, the MMC Community Roorn located on the first floor of the Ma- {0002653I.DOC / 1 t ) -2- 7/1 I//2012 JF Regular Council Meeting - August 7, 2012 - Page 51 of 95 rana Municipal Complex, 11555 W. Civic Center Drive, Marana, Arizona 856�3, on a non-exclusive basis. The Conservancy may use the MMC Community Room as an office and for meetings, exhibitions and educational programs relat- ed to Marana's history and heritage. The Conservancy shall obtain the prior written approval of the Town Manager or designee before using the MMC Community Roorn for public exhibidons and educational programs. Additional- ly, the Conservancy shall provide to the Town Representative, in advance, an ex- hibition schedule, including the days and hours of operation when the room will be open to the public. The Town shall retain priority in the use o£ the MMC Community Room. 3. Litiiities. The Town shall be responsible for paying for all utilities for the MMC Community Room when they become due and payable. 4. No modifccations. The Conservancy shall not make any alterations, improvements, additions, changes, or modifications of any kind to the MMC Community Room with- out the prior written approval of the Town Manager. 5. Non-Assignment. The Conservancy's rights under #his MOU cannot be assigned by the Conservancy nor shall the Conservancy grant any license in connection with the MMC Cammunity Room without the prior written approval of the Town Manager. 6. Maintenance, repairs and custodial services. The Town shall maintain the MMC Community Room and shall pay for all repairs, clean-up and custodial services at the MMC Community Room. 7. Inspectivn. The Town shall have the right at all reasonable times to inspect the MMC Community Room and to require the Conservancy to correct any unsatisfactory conditions relative to the Conservancy's use of the MMC Community Room pursuant to this MOU. The Town shall provide written notice to the Conservancy of any such unsatisfactory conditions and the written natice shall provide a reasonable length of time for correction by the Conservancy. S. Access/key con#rol. The Conservancy shall comply with any and aIl policies, proce- dures, rules or directives of the Town related to access to Town facilities and possession and use of Town keys, electronic access identification cards or other access devices. 9. Use of governrnent entities' names/logos. To avoid confusion regarding whether the Conservancy is a department or division of the Town, in its activities pursuant to this MOU, the Conservancy shall not display the name "Town of Marana' or the Town's logo or seal on its written materials without the prior written approval of the Town Manager or designee. In its acfivities pursuant to this MOU, the Conservancy shall not display the name, logo and/or seal of any government entity other than the Town on its written materials without also displaying the name, logo or seal of the Town. 10. Lise, reproduction antl removal of historic records and artrfacts. All records and arti- facts related to Marana's history and heritage owned by or donated to the Town shall remain the sole property of the Town, wherever they are housed. Except as otherwise {00026531.DOC / 11 } 7/11//2012 JF -3- Regular Council Meeting - August 7, 2012 - Page 52 of 95 provided in this MOU, the Conservancy shall comply with any and all policies, proce- dures, rules or directives of the Town related to historic records, artifacts and coIlection development and acquisition. a. The Conservancy may use the Towri s historic records and artifacts in the Con- servancy's public exhibitions and educational programs. b. The Conservancy may reproduce or copy any of the Town's historic records or artifacts, subject to the following terms and conditions. i. Nothing contained in this MOU shall be construed as an assignment or transfer of any copyright or other intellectual property rights by the Town to the Conservancy. ii. When reproducing copyrighted materials, the Conservancy shall ensure ' that all copyright and other proprietary notices or legends contained in or placed upon the materials shall appear on any copies. iii. The Conservancy expressly acknowledges that the Town may not have a copyright and/ or reproduction rights for certain historic records or artifacts in its collection and that the existence or lack of existence of such rights may not be known to the Parties. Therefore, the Conservancy assumes all liability resulting from any unauthorized reproductian of materials by the Conservancy. c. The Conservancy may remove any of the Towri s historic records or artifacts from the Marana Municipal Complex ("MMC") for use in its public exhibitions and educational programs. The Conservancy shall provide notice to the Town whenever a record or artifact is removed from the MMG 11. Expenses. Except as provided in this MOU, the Conservancy shall be responsible for alI of its operating expenses. The Town shall neither seek from nor provide to the Conservancy any compensation for the services, support and assistance provided by the Parties under this MOU. 12. Effective date anc� duration. This MOU shall be effective as of the signature date of the last Party to sign this MOU, and shall remain in effect unless and until terminated pursuant to paragraph 29 below. 13. Re�ationship of the parties. In the performance of the services contemplated by this MOU, the Conservancy shall act solely as an independent contractor, and nothing ex- pressed or implied in this MC?U shall be construed to create the relationship of employ- er and employee, partnership, pxincipal and agent, or to create a joint venture between the Town and the Conservancy. 14. 501(c)(3) status of the Conservancy. The Conservancy shall maintain its 501(c)(3) status as a non-profit corporation in good standing at all times during the term of this MOU and shall submit proof of such good standing to the Town upon the Town s re- quest. {0002G531.DOC / ! 1 } 7/I 1/120I21F -4- Regular Council Meeting - August 7, 2012 - Page 53 of 95 25. Insurance. The Conservancy shall maintain insurance with carriers acceptable to the Town with the following required coverages and limits Warker s Compensation Employer's Liability Commercial General Liability Business Auto Liability Statutory U.S. $1,U00,000 U.S. $1,000,000 per accurrence U.S. $2,000,000 aggregate U.S. $1,t�0,000 combined single limit a. The Canservancy shall deliver one or more certificates of insurance evidencing coverage as described in this paragraph 155 to the Town upon execution of this MOU. The Conservancy shali also deliver new certificates of insurance each time the policy(s) is updated. All certificates shall be delivered to: T. VanHook, Community Development Director at 11555 W. Civic Center Drive, Marana, Ari- zona 85653. b. The Town shall be named as an additional insured on the commercial general liability insurance policy required by this paragraph 155. As an additional in- sured, the Town shall be provided coverage for any liability arising out of opera- tions performed in whole or in part by or on behalf of the Conservancy. c. The certificate(s) shall also stipulate that the insurance afforded the Conservancy shall be primary insurance and that any insurance carried by the Town, its agents, officials or employees shall be excess and not contributory insurance to that pro- vided by the Conservancy. Coverage provided by the Conservancy shall be pri- mary insurance with respect to all other available sources. d. The coverage requirements specified in fhis paragraph 155 may not be changed or modified except by written agreement signed by all Parties. e. The Conservancy shall give the Town at least 30 calendar days' written notice prior to a planned cancellation or reduction of any coverage required by this paragraph 155. The Conservancy shall give the Town immedia#e notice of any ofiher cancellation or reduction of any coverage required by this paragraph 155. Cancellation or reduction of any coverage required by this paragraph 155 is grounds for termination of this MOU by the Town. 16. Indemnification. The Conservancy agrees to defend, save, hold harmless, and in- demnify the Town, its officials, employees, agents, successors, and assigns from and against any and all manner of claims, suits, lawsuits, action or actions, causes or causes of action, liabilities, darnages, and other claims and demands of whatsoever nature or kind, in law or in equity, in tort or in contract, or otherwise caused by or resulting fronn the Conservancy's exrors, ornissions, or negligent acts in the performance of services pursuant to this MOU. {00026531.DOC /11 } 7/11//2012 JF -5- Regular Council Meeting - August 7, 2012 - Page 54 of 95 17. Regulatory compliance and approvals. �ach Party shall at i#s own expense comply with all applicable federal, state and local laws, rules, and regulations in connection with its obligations under this MOU. As part of this obligation, the Conservancy shall obtain any and ail perrnits prescribed 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 the Conservancy under the texms of this MOU, to the extent Iegally permissible, the Town agrees to waive ail Town of Marana review and permit fees that the Conservancy would normally be required to pay for the events and activities the Conservancy produces pursuant to this MOU. 18. Appointment of representatives. To further the comrnitment of the Parties to coop- erate in the activities described in this MOU, the Town and the Conservancy each shall designate and appoint a representative to act as a Iiaison for the Town and its various departments and the Conservancy. The initial representative for the Town shall be T. VanHook, Community Development Director, and the initial representative for the Conservancy shall be John Officer, President. The representatives shall be available at all reasonable times to discuss and review the performance of the Parties to this MOU and theix responsibilities in connection with the services to be performed under this MOU. 19. Town personnel. At the Towri s sole discretion, the Town may assign Town per- sonnel to assist the Conservancy in its performance of the services described in para- graph 1 of this MOU. The Conservancy may also request assistance from Town person- nel in the performance of these services by contacting the Town Representative. Assis- tance will be provided at the Town s sole discretion, first taking inta consideration the Town's staffing requirements and operational needs. 20. Notices. All notices, requests, demands, and other communications under this MOU shall be in writing and shall be deemed given if personally delivered or rnailed, certified mail, return receipt requested; to the following addresses: If to the Town, to TOWN OF MARANA Attn: Community Development Director 11555 W. Civic Center Drive - Bidg A3 Marana, AZ 85653 If to the Conservancy, to: MARANA HERITAGE CONSERVANCY Attn: President P. O. Box 1074 Marana, AZ 85653 21. Entire agreernent. This MOU constitutes the entire agreement and understanding of the Parties pertaining to the subject matter of the MOU and supersedes all offers, negotiations, and other agreements of any kind. All prior and contemporaneous agree- ments, representations and understandings of the Parties, oral or written, are supersed- ed and merged in this MOU. {00026531.DOC / i l } � 7/l I1J2012 JF Regular Council AAeeting - August 7, 2012 - Page 55 of 95 22. Authority to execute agreement. The individuals executing this MOU hereby repre- sent that they have full right, power, and authority to execute this MOU on behalf of their respective Parties. 23. Force majeure. Notwithstanding any other term, condition or provision of this MOU to the contrary, if any Party to this MOU is precluded from satisfying or fulfilling any duty or obl'zgation imposed upon it due to labor strikes, material shortages, war, civil disturbances, weather conditions, natural disasters, acts of God, or other events beyond the control of such Party, the time period provided herein for the performance by such Party of such duty or obligation shall be extended for a period equal to the delay occasioned by such events. _ 24. Immigration lazvs. The Conservancy warrants that it will at all times comply with alI federal immigration laws and regulations that relate to its emgloyees and with Ari- zona Revised Statutes section (A.R.S. §) 23-214 (A). The Conservancy acknowledges fhat pursuant to A.R.S. § 41-4401 and effective September 30, 2008, a breach of this warranty is a material breach of fihis 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 em- ployee who works an the MOU to ensure compliance with this warranty. 25. Scrutinized business operations. The Conservancy certifies that it does not have, nor wili it for the� duration of this M(�U have, scrutinized business operations in Sudan or Iran as defined in A.R.S. § 35-391 and A.R.S. § 35-393, respectively. 26. 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. 27. Attorneys' fees. The prevailing Party in a civil action to enforce this MOU shall be entitled to recover fram the other Party, in addition to any relief to which such prevail- ing Party may be en�itled, all costs, expenses and reasonable attorneys' fees incurred in connection with that civil action. 28. Governing lazv. This MOU shall be construed in accordance with the laws of the State of Arizona. 29. Termination. Either Party may terminate its participation in this MOU for any reason upon at least 90 days' prior written notice to the other Party. 30. Miscellaneous. a. This MOU may not be modified except in a writing signed by both of the Par- ties. b. The captions and section numbers appearing in this MOU are inserted only as a matter of convenience, and do not define, limit, construe or describe the scope or intent of such sections or articles of this MOU. • c. This MOU may be executed in multiple counterparts, each of which shall, for all purposes, be deemed an original and all of which, taken together, shall consti- tute one and the same agreement. (0002b531.DOC / 11 } _7- 7/11//2012 JF Regular Council Meeting - August 7, 2012 - Page 56 of 95 I�t �ifi�t� t��v�, th.� �a��s h�re�€a �av� e�e�t�� this 11�I�U a� +�� e la� �a� s�t f�rt�► �1c�w ��r resp�tive s�gnat��e�. `�'h�* "Tt�u�n":: Th� "�c�n:serva�.c� Tt�t�lN �� l�R�� cn A�ri,�ai� �t�tuni� ip�l �c��rp�rati�r► F,�i Ht�n�� 1�Ia�c�� _ D�te; �AI��4.I�t�. �EPI'TA�� Cf�N��t��tC'� ari ��i�c��a �c��-��°��i�;�c��rp��r�, �: 1 : � �� I��tri�k,l�i��, I'r.�i��.�rz� ��t� � � � � � : A�'�'`: Tc��r,. �:l�rk ��te A ��*��r �:� Ft�tz�t:. T��n A�tc��r T��.�e ��c��s��.� � � � � a ��;rr.�t2 � Regular Council Meeting - August 7, 2012 - Page 57 of 95 REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Ma� Council Chambers, June 19, 2012 Ed Honea, M Patti Comerforc�� i e Mayor �� . David Bowen ��icil Member Herb Kai, � = cil Member Carol McGorray, �ncil Me e Jon Post, Coun � em� ,. Rox��iegler, Cou ' be � CALL TO ORDER Honea. Town Cle� quorum. roll. na 85653 7:00 PM to order at 7:04 p.m. by Mayor were present; there was a OF SILENCE. Led by Mayor amended by'� Member Kai; item Cl �cil Member Ziegler to approve the agenda as on the Action agenda, second by Council CALL TO THE PU�� D��`,�;�Vlorales spoke regarding Council as the policy setting body for the town. Mayor �� .� ed individuals who had submitted speaker cards for items on the ,� Consent Agenda to come b and speak to those issues. Jaime deZubeldia spoke regarding Item C3, the Marana Farm operated by the Community Food Bank at the Heritage Park. Regina Fitzsimmons is a writer and editor at the Southwest Center at UA. She also spoke to item C3 and read a letter from her colleague, Dr. Gary Paul Nabhan. Ciena Schlaefli spoke to Item C5, an intergovernmental agreement between the Drachman Institute at the UA and the Town. PROCLAMATIONS Proclamation for Barbara Johnson. Town Clerk Bronson read the proclamation. Mayor Honea noted that a brick and the proclamation would be presented to Ms. Johnson on June 28, June 19, 2012 Council Meeting 1 Regular Council Meeting - August 7, 2012 - Page 58 of 95 2012 for her official retirement celebration. Ms. Johnson expressed her thanks for the kind words of the proclamation and noted that nothing can happen without Council setting policy for staffto craft the processes to enable management of the vision to town has set for itself. She acknowledged the impact of teamwork and that the citizens are the reasons public servants are able to do the work they do. She believes in the community and for the work she has been able to participate in. Relating to July as designated Parks and Recreation Month Relating to Proclamation for Drowning Awareness Month �� r MAYOR AND COUNCIL REPORTS: SUMMARY OF �NT EVENTS Council Member Post spoke regarding the Marana M a�n Team; Vice Mayor Comerford said she had been out of town for a few weeks and wa > g��„be back in Marana. Council Member Ziegler remarked on the impressive to io5 at the �p:�ersity of Arizona which was led by Fernando Martinez. Mayor Aonea ; `� regarding the i��ngs the Council and senior staff are having with leaders througho �` "'community. He als� �" �ded the TREO annual meeting last week. The Foothills Optim � ve the t��vn $2000 a� Ora Mae Harn �,�, Park which helps about 200 underprivileged childr ` .� � have done this for many years. He __ent to BioS „ MANAGER' S REPORT: SUMMAR�� Mr. Davidson noted that this is the last Council meeting will b �'�"� of PRESENTATIONS CONSENT pass for th" mer. They il Member Zie r. year. The next regular Post, second by i�ice Mayor sly, with Item CII moved to the first item C L• R�� ion No. 201 ��,, Rel to Municipal Court; approving and authorizing the � ,, ��9. Mayor to ex� �„an intergov ental � ement between the Town of Marana and Pima County for pro�' ��y of video�� hearings of municipal prisoners C 2: Resolution 12-3��'�elating to Business Regulations; approving and authorizing the Mayor to execute A'� '� t No. 1 to the intergovernmental agreement between the Town of Oro Valley and the To Marana for reciprocal hearing officer services under Arizona Revised Statutes Section 9-500.12, providing that the Oro Valley Town Attorney will serve as hearing officer for appeals brought under Chapter 9-4 of the Marana Town Code regarding massage establishments. C 3: Resolution No. 2012-38: Relating to Real Estate; approving and authorizing the Mayor to execute the lease and use agreement between the Town of Marana and the Community Food Bank for operation of the Marana Community Food Bank Farm at the Marana Heritage River Park June 19, 2012 Council Meeting 2 Regular Council Meeting - August 7, 2012 - Page 59 of 95 C 4: Resolution No. 2012-39: Relating to Development; approving a final plat for Gladden Farms Blocks 35 & 39 Lots 1-205, Blocks A, B, & C and Common Areas: "A-1 "-"A-17" (Landscape/Utility), "B-1"-"B-10" (Landscape/Drainage/Utility/Recreation) C 5: Resolution No. 2012-40: Relating to Parks and Recreation; approving and authorizing the Mayor to execute an intergovernmental agreement hetween the Town of Marana and the Arizona Board of Regents, University of Arizona on behalf of the University's Drachman Institute for the development and creation of a Master Concept Site Plan for the Marana Heritage River Park C 6: Resolution No. 2012-41: Relating to the Police Depa "� `' t; approving and authorizing the Town Manager to execute a Grant Agreement (HT-12- �° with the City of Tucson to receive funding under the High Intensity Drug Traffic ' Grant Progam � �� C 7: Resolution No. 2012-42: Relating to Mun�e��l Court; ap 'ng and authorizing the Mayor to execute an intergovernmental agree `"tween Pima C and the Town of Marana for payment for incarceration of mun prisoners �"��r� C 8: Resolution No. 2012-43: Relating to mayor to execute the extension of a �,go� regulation of public property regardi :� C 9: Resolution No. 2012-44: Relati ' County Multi-Jurisdicti ��gation Pl C 10: Resolution ; a�� , f�� Zelatin� � ;;:,� for San Lucas Bloc y nd acce "" ce of 12 oving an orizing the with Pima '° nty for the buildings approving the Pima a release of assurances maintenance. C 11: Resolutaon No 2(��6 to De� ment; approving a final plat for Skyranch ;,�� y � 6 , II, Lots 1 �' '�on A� � tree nd ��B,� �open space) . This item was movec� Actiori�� a P� � ted by K��is , who noted that Block A is owned by Menta��peakers incC�� ' Jean � Studer,lVli�e Studer, James Kurtis, Ruth Kurtis, Michael Belin - a��idents of Sky ` E , an r� Grobstein with Meritage Homes. Mr. Kish noted that staff hac� ��nversation 9 �Mr. St r, the master developer, who is looking to close out within 90 days,`'��sferring Pa � A to the Town, and deeding over Common Area B, the 80% open space of the �� Skyrancl�� the newly formed HOA. The HOA transferred to the residents last ear; it een '�� nsition eriod. He also had a meetin with the attorne who Y �, ;. P g Y represents the Skyranch �� o is supportive of the town going forward with the transfer of title to Parcel A to the Tov�:�iid the transfer of title to Common Area B to the HOA. The basis for objections to this final plat seems to be whether the master developer will in fact turn the property over within 90 days. Mr. Davidson noted that he was the staff person who spoke to Mr. Stiteler today. Mr. Stiteler told Mr. Davidson that he intends to complete that process within 90 days and work with the HOA to get that finished. Mr. Stiteler said he still has some outstanding issues to work out with the HOA. Jeannette Studer passed out a map of the Skyranch subdivision and addressed the total lack of communication from the town and with the HOA. She noted the amenities that were or are being turned over to the HOA, but further noted that the HOA has never been invited to participate in discussions to review the final plat. Mr. June 19, 2012 Council Meeting 3 Regular Council Meeting - August 7, 2012 - Page 60 of 95 Cassidy clarified that it is the preliminary plat process where citizens can give input. The final plat process is ministerial and does not permit input. James Kurtis then spoke. He noted that the Board of the HOA is very concerned about retaining their 20% development and 80% open space. They would like to be included in what is going to be happening with the children's education center. Mike Studer then called to the Council's attention the lack of communication as noted by reading letters from Meritage Homes that should have been written to the HOA and a letter that should have been written by the town to the Board of Directors of the HOA to invite comments on the Skyranch Specific Flan area. His point was that there be more public exposure and openness be b ought to the planning process. Jeff Grobstein from Meritage Homes in the Tucson area ad �, _ some of the concerns noted, saying that he personally attended meetings with the HOA.��'e does have correspondence to and from Mr. Kennedy regarding mapping of the prope =� ��lso noted that Meritage is a co- declarant but not the master developer — a separate iss ut�f �tis then spoke regarding Parcel A and to Meritage as a good builder in the opment S`�`��ould like to see the 90 day turnover happen even faster and noted that ho � ers would like t�� facilitate turnover or � �� tabling this item for a short time. Council M' �er McGorray asked ��re was any way to minimize the 90 days. � �� „ ;� ` ��,, Mr. Davidson responded that there ��E�vo separate property from the master developer ��hroug] � � ��.� There ar� some outstanding issues rela �to� vi the developer today is that the develope' oin �� transfer. What is befor��'��l;tonight i�� proce , �.... � move forward. And er " ome oth ''" s� � complete. They are�' ecessari 'nked C�, has the al process to their project. HOA. His conversation with k with the HOA to make the W, gone through to be able to ;r developer needs to sorrav noted that if Council proceeds with this toni e HO ill have out legally to the transfer of title of the open space. Mr. Ca��dy resp� "3„ , t ,', no c" � ction between this plat and getting the master de. ` form far no �� em to i�� n � 5..� develo eb �£�nd he's neve�� do with hb��g Meritage r� plat very cle��;�equires the town can enfor�,,�at, even 1 recommend that N� "�� e sh there is not a prompt ' g appropriate action. Mr. more quickly; he doesn't ° wri ' � ntr ith the master developer, and has not so � � .� �::. , there h��n ongoing requests for discussion with the _; > �: fo . The t�n can enfarce the contract, but it has nothing to sible. d then with open space (Common Area B), the original er dev �� er to turn over the open space to the HOA, and the � we (town) have not done that. Mr. Cassidy does not E`�e held responsible for another's party's non-performance. Tf f the properties, staff can come to Council and recommend n interjected that he can press on the master developer to act visits to Arizona periodically. Michael Belin then addressed Council as a member of the HOA and stated that he agrees that from a builder's points of view, these are totally separate events, and he doesn't have a problem with the development of the additional land. However, as a homeowners' point of view, these are not separate events. They want some assurances that the master developer will do as he says. Mayor fIonea reiterated the town's attorney saying the town has recourse with the developer. Council Member Post addressed the HOA wanting to be involved in platting process, which adds another layer which won't do any good because the Council is bound by thelaws we have in place, including the Specific Plan. Mr. Cassidy agreed and clarified that in the context of a June 19, 2012 Council Meeting 4 Regular Council Meeting - August 7, 2012 - Page 61 of 95 subdivision plat, the town Council is acting in accordance with Arizona law. If the plat meets all the statutory requirements, the Council must approve it. That's why it's called a ministerial process which is different ftom the rezoning process where there is a lot of discretion. There is no discretion in the subdivision platting. In fact, it would be misleading to invite the HOA to comment as if you would be able to change the rules that exist — they can't be changed. Council Member Post said that if there is a motion on this item tonight, Council should add on to instruct town staff — management and legal — to pursue this issue of title to Common Area B transferring to the HOA so that it doesn't come back. Motion by Council Me�nber Ziegler to adopt Res� plat for Skyranch II Lots l-S3 and Common Areas "A" {Council Member Post asked to add onto the motion `a� aggressively pursue, including legal, the dedication o,� common areas in Parcel A'}, second by Council M� �`k ;? C 12: Resolution No. 2012-47: Relating to authorizing the Mayor to execute an intergove Transportation Authority of Pima County and public transit and special needs transportation agreement beri i of Ma�na for C 13: Resolution No. 2012-48 R� the Town's Personnel Policies and Prc "Classification Plan" and Policy 3-9 " C 14: Relating to P, ` Policies and Proced�� `" Breaks" C15: �� S: � ;` __�� Mayo ea introduce+d Consent a. Bill Ca Jesse Baxte�'° other cc things are chan at the partner. .,.___._ 5- ►12-46, approving a fihal �ts) and "B" (open space), ct town staff to that go along with the �d unanimously. • approving and ,�he Regional �F�= , ie nalization of of e nding � g and adopting amendments to - Compensation, Policy 3-3 erits to the Town's Personnel 5-1-4 "Meal Breaks and Rest Session and Regular Council Meeting �� " �in the auc��nce who came in support of Item C3 on the the of the Southern Arizona Food Bank, Robert Ojeda, s invo� with the food bank. He nated that even though � town is appreciative of the food bank as a community �, LIQUOR LICENSES L l: Relating to Liquor ses; recommendation to the state liquor board regarding a new Series 12 (Restaurant) liquor license application submitted by Clinton Bolin for the Station, located at 8235 N. Silverbell Road. Jocelyn Bronson presented this item to Council, noting that the applicant was properly posted, no protests were received, and staff is recommending approval to the liquor board. Motion to approve by Council Member McGorray, seco�zd by Vice Mayor Co�nerford. Passed unanimously. BOARDS, COMMISSIONS AND COMMITTEES June 19, 2012 Council Meeting 5 Regular Council Meeting - August 7, 2012 - Page 62 of 95 B 1: PUBLIC HEARING: Resolution No. GFCFD 2012-02: [Marana Town Council acting as the Gladden Farms Community Facilities District Board of Directors]: A Resolution of the District Board of the Gladden Farms Community Facilities District, Pima Count�, Arizona, approving the final budget for the Gladden Farms Community Facilities District for the fiscal year beginning July l, 2012 and ending June 30, 2013. Board Chair Honea opened the public hearing. Erik Montague presented the item. There were no speakers from the public. Board Chair Honea closed the public hearing. Motion to approve by Board Member McGorray, second by Board Member Bowen. Passed unanimously. B 2: PL as the Gladden Farms (Phase II) Community Facilities Distri Resolution of the District Board of the Gladden Farms (P Pima County, Arizona, approving the final budget for t" ,�: Facilities District for the fiscal year beginning July 1,, .,�; an Chair Honea opened the public hearing. Erik Mc��gue preser speakers from the public. Board Chair Hone� ��;ed the public „ �.., [Marana Town Council acting �rd of Directors]: A Community Facilities District, n Farms (Phase II) Community 'ng June 30, 2013. Board �.:� he item. T'here were no Motion to approve by Board Member Bowen, second by Board M�� Ziegler. Passed B 3: PUBLIC HEARING: Resolutic as the Saguaro Springs Community District Board of the Saguaro Spring�,�_� approving the final budget for the Sagi� year beginning July 1, 2012 and ending hearing. Erik Montag� ted the Chair Honea closed ��u�ti��ring second by Board M'��r Zaegle�� :�a� B 4: F as the V. Distri d of the : appro � e final budg year begi , July 1, 201 hearing. Er ontague Chair Honea c the p Board Me�nber B �� . � COUNCIL ACTION. the the SS Ol '�`[Marana To __ ouncil acting District '" � Directors]: A R 'lution of the anity Facili istrict, Pima County, Arizona, Commu ,, Q �acilities District for the fiscal 30;�� s �,�,Board �ir Honea opened the public There ��✓ ° o spe��s from the public. Board �� f�r oard Member McGorray, �� 2012-02: [Marana Town Council acting ist��Board of Directors]: A Resolution of the �acilities District, Pima County, Arizona, Fa s Community Facilities District for the fiscal 30, 2013. Board Chair Aonea opened the public There were no speakers from the public. Board `ion to approve by Board Member %ai, second by a 10-minute break at 8:41 p.m. and resumed at 8:51 p.m. A L• Resolution No. 2012-50: Relating to the Police Department; approving and authorizing the Mayor to execute a Memorandum of Understanding between the Town of Marana and the Marana Police Officers' Association relating to wages, hours and working conditions for the time period of July l, 2012 through June 30, 2014. Presented by Deputy Town Manager Del Post, Deputy Town Attorney Jane Fairall, Human Resources Director Suzanne Machain and Police Chief Terry Rozema. The purpose of the presentation is to request the Council to adopt the Memorandum of Understanding (MOi� which has been in negotiation since January. Jane Fairall gave an overview of the Meet and Confer ordinance currently in effect; how we got to where we are now and some of those legal highlights. Suzanne Machain described some of the June 19, 2012 Council Meeting 6 Regular Council Meeting - August 7, 2012 - Fage 63 of 95 goals the town set out with for this year's Meet and Confer process as well as the progress of the process and described the items still in dispute between the town and MPOA. Those items include setting a different process for PD regarding a formal grievanceprocess, PD pay plans, an MOU reopener based on fluctuations in state shared revenues and overtime pay for grant-funded work. Chief Terry Rozema discussed and provided an overview of the MOU which reinforces the chain of command, provides clarity and streamlines processes and provides uniformity across the department, allows the department head to retain operational control and allows time to develop a new model. Chief's Rozema's vision is to take a good police department and make it a great police departrnent. He emphasized that there are great people in the police organization, and to get great people to make a great organization, the two m t come together to make great processes. The current process does not necessarily do that e ough it's a start. But it is not the most efficient and effective way to operate. Chief Ro sked Council to adopt the MOU as the town staff has brought it forward, because it's th we have right now, and it's the � � ; �_ � process that has been used for the last 5-6 months Ad��ig t OU also allows staff to develop a new model which can provide a better �t��ss. Del Po cluded that one of the strategic goals of the town is to have the best pc��t�epartment in t�� r e. To do that, we can't rely on old models. We must be creative and �' vative and use this o unity to apply a model that can reach across the entire organizat s�. e then w�nt on to d� e some elements that could be incorporated into a new modeL First, `� e �`` good com ation. Everyone must feel that they have t��lity to raise out delivering the � st public ,; service. Second, we need to provide ��ties for lea _ ip development for employees. Third, is empowerment. All employe � e� ��`" lders m��zrganization. Too often, they ��,�� feel that in order to address an issue, the�'�� is a 24/7 ability to addr ,.��s as they a'� >� appropriate systems, �s " ocedurf communication of 1 hip an �` mpov greatest department in �ate, w ed to working on tl��ew mode ��k,a�, , , �, „� t assoc �` take the lead. What we want g � � This i key ent. Fourth, there must be �_; �pl� a open channels of -��And fift �cruitment is key. To have the i� e efforts to recruit the best. Town staff is th ` n option of the MOU as presented. � Martin Binn, then resented to Mari ,. \� ams, re�` �ng ``' POA an�� ; a orney, p Counc ardmg the fo �rns s dispute b een the town and the NiPOA. In their presentati � e MPOA pr" `�� d th��, current MOU Article 5 grievance review process remain unch � . Regarding o o secon �; ue, that of step pay plans, the MPOA posed that the process remairi ��ianged. Ml�� believes that removing discussion of wages and/or step paY plans from the M"'' 'olates t `` wn's existing ordinance. Council Member Ziegler raised the point which was `' ed \ r. Davidson that discussion of step plans or pay raises is not going away. It's just be , ed from the MOU and included as part of the town's overall salary schedule. If there ar��ture opportunities for pay raises, they should be looked at across the board for all employees. The step schedule is not going away. The MPOA believes this should remain as a bargaining point in the MOU. The MPOA's concern is that under the MOU process, it's up for discussion. If not in the process, it can't be discussed. Mr. Davidson again clarified that salaries for all departments are discussed as part of the budget process. Council Member Ziegler raised the point that if that issue is kept in the MOU, it's discussed only every two years. If it's in the budget, it's discussed each budget cycle. Mr. Binn countered that if this change occurs, would the MPOA be allowed to talk about it every year. Mr. Davidson reiterated that pay is probably going to be discussed every year, whether it's part of the Meet and Confer/MOU or not, but the town definitely wants ta create strategies for enhancing pay for June 19, 2012 Council Meeting 7 Regular Council Meeting - August 7, 2012 - Page 64 of 95 officers and retaining staff which requires continual dialog rather than just every two years. Issue three is whether the MOU should be reopened if there is a change in state shared revenues. The MPOA is not opposed to reducing wages if there is a decrease in state shared revenues. T'hey would like a term added that if the state shared revenue is increased, the MOU could be reopened to discuss the wage issues. Issue four is the topic of overtime. Officers work grant-funded overtime, typically after they work their regular 40 hours. Officers are looking for overtime wages at time and a half even if they don't reach 40 hours in their regular work week. The MPOA proposed this as a benefit to help member officers who have been hit hard by health insurance increases. He used the Stonegarden off-duty work as an example. Council Member Ziegler offered that all town employees have been affected by t e increase in health insurance increases and asked why not working a fu1140-hour week sh, ffect grant-funded work. Mr. Binn concluded by stating that all the stakeholders need t `�'�" rt of the process and stated that he would like Council to follow the MI'OA recommen y y ,�' iscussion ensued relating to a parallel process for grievance review called PARB. illi , confirmed that the MPOA has used the GRC under the MOU. Council Me � Bowen sta is concern over having ; �_.� ,�, two grievance review processes. Mr. Binn re��d for the need is governed by state law for police which don't apply to regular er��ayees, but he wasn't t�� familiar with the process. Council Member Bowen asked why t��ieed to b�parallel pr��ses for the police deparhnent and for other employees regarding conflict, it's because that is what is Mee the ordinance includes things such a`� � can be discussed in the Meet and Con�` �`° ra`+� you take the position that it's required tof ��' of requires that the actual emain in �� p � can actually talk abo��e without With respect to the ��-funded 5 ._ ��C, Coun be establishing policy tc� ��al wrth ��exceptio Binn presented� �VIr. Bm��e ay 3 � �r .. federal la�� y ` �� hovv� ° ee being for. and that replied th ere is a ice. Jane Fat�ll noted that �tion is that it is an issue that �red to be discussed. Even if �othing in the ordinance that the Nt, s an ' hment to the MOU. You bedded within the document. ;�'� ber Bo stated that Council shouldn't n;=�iich is how he understands the argument Mr. or ��erford stated that there are state and 'd, a�'�he town could lose all kinds offunds if 'nn acknowledged that he doesn't know how the gra� nding mechat��.wor owever, u der the Fair Labor Standards Act, you (the town) are ��ved to provi��,� ; re be��s versus fewer to your employees. Erik Montague addressed th��e of the gra ✓� dmg'�� hanism. With respect to charging a salary and time to grant progr e Office o �,_ agement and Budget established the rules. It requires when you charge salary ��,�vages to �� deral program, it needs to be substantially equivalent to the same process you us�`��harg��n-federal programs. It would not be his recommendation to charge overtime rates to �� program that are not consistent to town practices or rules. It could potentially be a matt��i�a questioned cost, which could lead to a finding in a single audit report that may result in the loss of forfeiture of federal funding in the future for non-compliance. We are obligated to comply with rules related to federal funding, and he would extend that to other similar grant programs. Council Member Post stated that with respect to disputed item one, he would like to have the police officers association go through the same process as other town employees. Numbers two and three he views together. If the Marana police officers are included with the town's classification salary schedule, and we receive more state shared revenue, our employees are important, whether they be police officers or regular employees. If we get more, we'll try to pay June 19, 2012 Council Meeting 8 Regular Council Meeting - August 7, 2012 - Page 65 of 95 more. With respect to Item four, he feels it's a risk that anyone would face. If you work overtime, you get paid for overtime. If you don't work overtime, you don't get paid, whether you're sick or for some reason couldn't come to work. Council Member Bowen stated that at this point, he is of a mind to agree with the town on the matters, although he is open to discussing these things. However, he doesn't feel that the case has been made for the matters that remain in dispute to go to the side of the MPOA. But if there is merit in them going forward, he is willing to reconsider his position. Council Member Ziegler agreed with Chief Rozema and Mr. Del Post, who said the town wants to get to a place where the police and other town departments work well together and without division. It's time to move on because we have the leadership in the police department to get to where we need to �. Del Post concluded by saying that never has the town poi� mger at the MPOA. He believes that they have been complimented, especially f� ��rk they've done this year. It is the process, not the MPOA, that the town is constructi��'criti� �f. �� zY.' Motion by �ce Mayor Comerford to authora ayor to execut�.,� Memorandum of �, Ilnderstanding between the Town of Maranr�y��' the Marana Police t�� ers' Association relating to wages, hours and working condataor�`�,�'�r the tim eriod of �� 2012 through June 30, 2014. Second by Council Member Ziegi�� z , animously `` ��`Y�4 „ A 2: PUBLIC HEARING: Resol�i� �' of Marana's fiscal year 2012-2013 fina� �, Presented by Erik Montague. He notec�� Adopting that tentative t forth th�� budget was properly,, __� e �" oticed the total number of t��.ons to 3��. 3 FTE' mostly related to waste ` . It eligible emplg�e�es, which ✓R i included �� v adi , equity"� tments for higher ra� proxim Council Mem �: � s : Comerford. May� Member McGorray new 2012-51: tmg to Budget; adopting the Town ayor Ho 4 �ened the Public Hearing. he � y 've bu �, as adopted on May 15, 2012. �w ,, �endi 'tatio J ` the town. The proposed '- r ry � tt�� earmg. This budget authorizes � is a sligli��iange from the previously year, t��cost of hving adjustment of two percent for lly et the cost of inflation. There is also �� e �yees which is intended to recognize the ses were made. It also includes special em oyees who have come in to positions at a impacted. moved t` prove the FY2012-2013 final budget, seco�d by �ce Mayor �nea clo �` he public hearing. The motion passed 6-0, Council le,�� dais at 10:00 p.m. A 3: Resolution No. 20 : Relating to Personnel; approving salary schedules for classified and temporary employees for fiscal year 2012-2013. Presented by Suzanne Machain. She noted that this item comes to Council each year for approval. The rates include the two percent cost of living adjustment mentioned by Mr. Montague. Also included are administrative corrections to titles, the range change based on evaluations and new titles for new and existing positions. There are two versions of the classified schedule included in the packet, not knowing which way Council would vote on the MPOA item. T'he exhibit which includes the PD salary schedule should be included as the correct attachment in your motion. Motion to approve by Vice Mayor Comerford with the PD classified salary schedule for the FY 2012-2013. Second by Council Member Post. Passed unani�nously Fi-0. June 19, 2012 Council Meeting 9 Regular Council Meeting - August 7, 2042 - Page 66 of 95 A 4: Resolution No. 2012-53: Relating to Finance; declaring, for purpose of Section 1.1 SO-2 of the Federal Treasury Regulations, official intent to be reimbursed in connection with capital expenditures related to acquisition of the "Marana Wastewater Facility" and related improvements. Presented by Erik Montague. This is directly related to the town taking over of the wastewater treatment facility. This would allow forthe reimbursement of costs that have or will be incurred between now and when some future debt issuance occurs and sets forth an 18- month timeline from the date of expenditures. If approved, it allows the town to be reimbursed for certain eligible costs that have or will occur. It does not authorize the issuance of any debt at this point. The authorization would be set at a maximum or cei ' g of about $1.75M based upon an estimated or projected costs. Council Member Bowen a„ this exists in the town's budget or on a balance sheet a an IOU. Mr. Montague re �, ,�, d that portions of it could be related to a general fund borrowing for expenditures th�� curred within the last 60 days or so. The significant sources of the funding used to pa ��iese ��s is general fund cash. There are other means of evaluating costs that have bee�, rred whic �� ld be part of future structuring. The reimbursement would effecti� �� ef back up the � al fund. Motion to approve by Vice Mayor Comerford, second b��,_ uncil Member Bowe ssed 5-0, with Council Member Kai abstaining. ,,,�, �,, ITEMS FOR D 1: Relating to Legislation and Gove regarding all pending s�� ,�al, and ,..: � ¢��, upcoming meetings r g , n en Bowen, left th� E l: Exe'�"`" ' e Session ��. or consultati r legal agenda. -z_��F_s;:.. the to � and possible action and on recent and � session on Item E2 by Council Member m. Passed S-0; Council Member Kai §38-431.03 (A)(3), Council may ask for discussion vn Attorney concerning any matter listed on this E 2: Executive sessior� ��%� to A.R.S. § 38-431.03(A)(3),(4) and (7), for discussion or consultation with the Town��torneys and to instruct the Town's representatives concerning (1) the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008-001131, Arizona Court of Appeals Na 1 CA CV 11 0381; (2) the lawsuit entitled Pima County v. Town of Marana, Pima County Superior Court No. C20116094; and (3) pending legal issues, settlement discussions and contract negotiations relating to the transition of Marana wastewater collection and treatment to the Town of Marana. Council reconvened at 10:43 p.m. Motion by �ce Mayor Comerford, second by Council Member Post to authorize town staff to proceed with the process outlined in executive session June 19, 2012 Council Meeting 10 Regular Council Meeting - August 7, 2012 - Page 67 of 95 which would include scheduling a Special Council Meeting on June 26, 2012. Passed unanimously S-0. 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) ADJOU[�NMENT. Motion to adjourn at 10:44 p.m. by Co ember Bowen, secoKd by Council Member Ziegler. Passed unanimously S-0. � � :, CERTIFICATION ' � " � � � ,x �� , ' ��;�y i hereby certify that the foregoing are the true rrect minutes o'� arana Town Council ;:. meeting held on June 19, 2012. I further certi „ t a quorum was pres , Jocelyn C. Bronson, Town Clerk June 19, 2012 Council Meeting ll Regular Council Meeting - August 7, 2012 - Page 68 of 95 REGULAR COUNCIL MEETING � � , MiNT TTF.S 11555 W. Council ( Patti Come David Bowe Herb I�ai, Carol McGor. Jon Post, CALL TO ORDER Town Clerk Brons PLEDGE Member CALL TO THE PROCLAMATIONS �� Proclamation for �� ., � � ;��- ��ULAR ��: UN � G ROLL L. Ma ` ea ca e meeting to order at 7:10 p.m. �d roll, ^ ° ; Council s ers were present. OF SILENCE. Led by Mayor by �ce Mayor Comerford, second by Council . No s��ker cards were presented. Mayor Honea noted that Officer Moreno was unable to attend the meeting. The Proclamation is part of the record. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS No reports. MANAGER' S REPORT: SUMMARY OF CURRENT EVENTS Regular Council Meeting - August 7, 2012 - Page 69 of 95 Mr. Davidson noted that the Council Executive Report for June/July is on the dais. He also reported that the Town and Finance Director Erik Montague and his team once again received the Certificate of Achievement for Excellence in Financial Reporting, the highest award that can be bestowed upon a municipal organization. The Town has received this award multiple times. Mr. Davidson also reported on an act of kindness to citizens in Marana from the Marana Police Department. He concluded with a brief report on the 4 of July celebration with over 15,000 people attending in the Continental Ranch and surrounding area. He thanked many staff members including Adelina Martin, Alfonso Rodriguez, Kelsie Weibe, the Marana Police Department, all the members of the operations team and the parks and lifeguard staff. PRESENTATIONS P 1: Presentation: Presentation relating to the U ay of Southern Arizona. , � N Presented by Tony Penn, CEO of the United Way �.��, �� 1 _;; ,a P 2: Presentation: Presentation relating t ificate of ciation to Comcast for sponsoring the fireworks for the July 4 Star ed Spectacular. ' Honea presented Comcast representatives with a Certificate o reciation for fundmg � reworks for this year's 4�' of July celebration. .� ��.� ;,� CONSENT AGENDA. Motion to the Member Bowen, second by Councal y : �,� ia as presented b,�Council unanimously. C 1: Resolution r execute a one-year and Pima County f services. C 2: the T train authorizing the Mayor to �veen the Town of Marana user account billing Recreation; approving and authorizing to sell the Marana Heritage River Park C 3: Resc��i�n No. 2012-� Rela� '' xo Personnel; approving and adopting amendments to the Town's P� el Policies Proce�s, revising Chapter 5- Work Rules, Policy 5-1-4 "Meal Breaks a 'sest Breaks' �;�� C 4: Relatin� to Intet°�� 1 Relations; authorizing the Town Manager and Town Clerk to coordinate with the Oi�.;�Y Town Manager and Town Clerk to identify agenda items and � .,, set a date, time, and locatiori�``�or a joint meeting between the Marana and Oro Valley Town Councils. C 5: Approval of minutes for June 26, 2012 Special Council Meeting LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES Regular Council Meeting - August 7, 2012 - Page 70 of 95 B 1: Relating to Boards, Committees, and Commissions; confirming the appointment of Tom Dunn to the Pima County Bond Advisory Committee to represent the Town of Marana. Motion to approve by �ce Mayor Comerford, second by Council Member Ka� Passed unani`nously. COUNCIL ACTION A 1: PUBLIC HEARING: Ordinance No. 2012.05: Relating to Development; approving a rezoning of approximately 278 acres located northeast of I-10 approximately 1.2 miles northwest of the I-10/Tangerine Road interchange from `E' (Transportation Corridor Zone) to `F' (Specific Plan), creating the Tortolita Shadows Specific Plan, and approv a minor amendment to the General Plan. Mayor Honea opened the public hearing Ke ; u °sh, Planning Director, �� A�� introduced Brian Varney from the Planning Department��sent the item. Mark O'Hare, � �� attorney representing Mary DeConcini, spoke in favor ��+��nmg. Mayor Honea closed the public hearing and took Council question. Vice Ma�o��omerr�" �,asked about the condition (#17)related to a sound impact study. She noted��his has not �� equired from any development. Mr. Varney responded that th' ;� �ition was impose r ,� the Planning Commission which they felt should have been � ired by other develop �` " s in the area. Vice Mayor Comerford stated that until there is an o�„ ce in ct, she doe elieve the Council can mandate the condition. S�bject to Con� ,; ��,;� `i�g removed, ' on to approve by Vice Mayor Comerford, second ci ,,., A 2: Ordinance No. 2012.Q6: Relatmg ��f� entitled "Offenses' ; re �'' �" � ' ter 11-7`� adding definitions; ' ng p 'ted and � ctassifying violations��vil infr , ns; amei and designating an effec�� date. e Fairall tool Kai by ( which Ms. Fairall responded to. Motion to approve ��Council Member Bowen. Passed unanimously. A 3: Ordinance T� �12.07• ating to Health and Sanitation; amending Marana Town Code � Title 10 entitled "Heat��d � tion"; amending Chapter 10-1 entitled "Transportation and dumping of aggregate m��: `, adding definitions; classifying various offenses as civil or criminal infractions; addmg��ew section 10-1-3 making it a civil infraction to spill garbage and refuse during transport; rewriting Chapter 10-2 entitled "Maintenance of property" regarding the accumulation of vegetation and refuse and the procedures to compel removal; amending section 10-3-5 to classify violations of Chapter 10-3 entitled "Sewage sludge" as civil infractions; amending section 10-4-7 to classify violations of Chapter 10-4 entitled "Travel reduction code" as petty offenses; deleting Chapter 10-7 entitled "Penalties"; and designating an effective date Resolution No. 2012-058: Relating to Health and Sanitation; declaring as a public record filed with the Town Clerk the amendments adopted by Ordinance No. 2012.07 to Marana Town Code Regular Council Meeting - August 7, 2012 - Page 71 of 95 the Passed endin �Vlarana Town Code Title 11 of m�� :.:. 'able or junked vehicles' ; � sto Y "' signating persons responsible; ection 11 ��-1 relating to general penalties; ted the item and noted that this presentation 1 department and the town's code re to clarify language, provide a better nliance with state laws. Council Member on. ,t we Title 10 "Health and Sanitation," amending Chapter 10-1 entitled "Transportation and dumping ofaggregate material," adding definitions, classifying various offenses as civil or criminal infractions and adding new section 10-1-3 making it a civil infraction to spill garbage and refuse during transport; rewriting Chapter 10-2 entitled "Maintenance of property" regarding the accumulation of vegetation and refuse and the procedures to compel removal; amending sectian 10-3-5 to classify violations of Chapter 10-3 entitled "Sewage sludge" as civil infractions; amending section 10-4-7 to classify violations of Chapter 10-4 entitled "Travel reduction code" as petty offenses; and deleting Chapter 10-7 entitled "Penalties". Ms. Fairall presented this item and noted that it was also part of the discussions mentioned in the previous item. The majority of the offenses would be civil infractions; right now they're crimi offenses. This is an entire Title cleanup, which she outlined throughout her presentation T�, � r work was done in 10-2. Motion to approve by Council Member McGorray, secot:�� ouncil Member Post. Passed unanimously. A 4: Relating to Utilities; Appointing a council negotiate on the Town of Marana's behalf in t' declared a conflict of interest and left the dais. _ or a to table this council members to '�uncil Member Kai ��e next regular M"'��,rav. Passed �0. council meeting by Council Member Post, secc A 5: Resolution No. 201 Z-059: Re �o Utikties; ��izing the Manager C� execute an agreement relating to future capaci ana Was s` er Reclamation Faciliry to provide wastewater treatment or the Arboles �` s ment r`� „ Council Member Kai declared a conflict of inter �t�and left th� s. Fr��`�,� sidy `.� a detailed history of this � �� item, noting that the de � a sewer�vice a��,,wit ` county from 2007. It's coming to an end in: st. normal � ces, "t��veloper would extend that with � , �. � {,� the county. The com' tion is t r, nder the ,�e under w�i�ch the town is operating the wastewater plant, the co�� can c mue to ser��development out in the county with a town plant as lo � p s capa��,, ��;,- ay tov��taff met with ADEQ to make sure the town underst � ��city '° ing r��ent� �ork. The resolution, if approved, will autho ' e Town m�` to 'nto an a' �" ent relating to capacity at the Marana �.. wastew �lant to assur� � deve � that as they've always planned to have their project . �.. served at t arana plant tf��ey wt�� able to continue to do that. At some point in the � ,..� future when t\� onnect, ther -' 'll be si��cient capacity to serve the development. The only issue that will b� essed in t��" greement is a provision of the statute that says if there is sufficient capacity, ounty "� hoose to serve at this location. The sewer service agreement will still be with the c , �will be the county asking the town to serve and provide capacity. The current ag �^` �� ends before the next Council meeting, which is why this item was placed on tonight's agei��a. The agreement will be forthcoming. He then answered questions from Council. Council Member Bowen asked how this will affect the town's capacity issues. Mr. Cassidy noted that this is one of the things staff has been studying very carefully. Right now the plant is double subscribed on capacity, and it was double subscribed on January 3, 2012 when the town took it over. That issue still needs to be addressed with ADEQ. Right now there is less than 300,000 gallons that are flowing into the plant, and it's designed for 700,000 gallons, so there is plenty of physical capacity right now; although subscriptions are at 1.4M. it's a matter of how we report that to ADEQ so that they are not upset with the promises we are making. Council Member Ziegler asked if this developer doesn't come on board in a timely Regular Council Meeting - August 7, 2012 - Page 72 of 95 manner and there are others coming on in real time to use capacity, do we have to save that capacity for the development. Mr. Cassidy responded that the way the rules work, we simply need to have our plans on the shelf at the time the developer asks for commitment. This is one of the reasons the ageement still needs to be tweaked to make sure that we follow all the DEQ rules. When sewage starts going into the pipe is when we have to have the physical capacity. Motion to approve by Council Member Bowen, second by Council Member McGorray. Passed 6-0. Added Late A 6: Ordinance Na 2012.08: Relating to Elections; repealin,��arana Ordinance No. 2012.04, which authorized a special Town of Marana election on Nou� �� 6, 2012 for the purpose of voting upon whether the Town of Marana shall be author �� acquire the Marana Wastewater Reclamation Facility and the wastewater facilities, set �` `� access rights, and current and future service area connected to or associated wrth � uncil��nber Kai declared a conflict �-_� .: of interest and left the dais. Presented by Frank ' y, who ac '� , ,�edged coming before Council on June 26, 2012, which was the last � g before the dea ° to get items on the November 6�' ballot and asking for authorizah�� do sa Since that me ` a couple of things have occurred which caused staffto believe that t`��me ele�t is not qu �'� critical, and because the time for taking it off the wait and go forward on either the N� the court cases. Motion to approve , Bowen. Passed fr0. Added Late A 7: Resolution Nc authorized the speci mail ballot election. Presented b�� future Cc�� 54, whi' = from the Council Me� Added Late is in earC�; � 3��affthinks it m more sense to May 2013 �epending on what appens with ember rray, second by Council Member '6_. � ating to' � ��;� re��"� � Resolution��No. 2012-54, which � of a electi ovember ; 2012 to be conducted not as a :�-.� �I Me„ r Kai decl��ci a conflict of interest and left the dais. z �° �`'� �n to ��above. Council previously voted to hold ��ballot `��ve�,,.�avin� an item on a consolidated ballot on would ha ` clu mg the � � y mail format. Thus, Resolution No. 2012- �„;, owed for a p pla �,+ection, can 6e repealed due to removing the special item ber 6, 2012 t. 11��, to approve by Council Member Post, second by .�owen. Pa� (r0. ITEMS FOR ACTION D 1: Relating to Communit;�Development; discussion and direction regarding planning and preparation for the 2012 Founders' Day event. Presented by Del Post who introduced Teri Murphy, community coordinator for this year's Founders' Day event. Ms. Murphy gave an overview of the dates and activities for the upcoming signature Founder's Day event entitled the Marana's Fall Fest. Under the umbrella of the Strategic Plan, staff made an additional step toward having a community-driven event. The planning committee is taking a lead role and the staff is taking more of a support role. She thanked her committee, and noted that many of the familiar events will still be taking place, and a few new things will be added. The event is scheduled for October 26-28, 2012. The Western Heritage Committee will be sponsoring a farm Regular Council Meeting - August 7, 2012 - Page 73 of 95 and tractor expo. Marana Middle School will be hosting a AYHO soccer tournament. Marana Health Center will be hosting an art show and art. Boondocking will also be part of this year's event, where people can come and camp out to take advantage of all of days' events. Also on the agenda is turning Marana Main Street heginning at the Marana Municipal Complex, into a street fair. Council Members supported Teri's enthusiasm and made commitments to help out. Council Member Ziegler did express some concern as to changing the date from March to October because there are so many town and regional events competing with Founder's Day in October. She felt attendance was down last �ear because of that competition, and is wondering if anyone is considering moving the event back to March. Council Member Post noted that moving the event back to the spring would give Council Memhe�,s an opportunity to educate citizens on wastewater issues. Ms. Murphy responded that ��mmittee is committed to putting on a great event regardless of the challenges, and �� ;�nciT wants to give the committee � �:= authorization to hold the event in other than October, t, ee will go with it. Council Member Bowen asked if she could take some of t erns �oughts of Council back to the committee and see what they thought. She a �o do so. �; ;,�� D 2: Relatin� to Development; discussion and d��on rega��g the Horr �ights Neighborhood Redevelopment Proje��. Presented b�� T`'�3ok, who gave� ;, pdate on the status of the project. This project st��n_2006 after uncil identified aff ��dable housing as an item to pursue. Currently, the tcs�� ' g with a`�� leted specific plan and a preliminary plat and development plan ' ch � en parti �� eviewed but awaiting capacity � .; ,, �.;;,, on the wastewater issue In 2009 the cou om eneral' ' ation bond funds for affordable housing and� ' ds to be ibut two- ., period for the project. After extensive neg �`ns wi �� county '- °�ti11 � E ' �'s on those funding commitments. Last y��ter rece �� , g the le m Pima Co'' nty stating that that there was not wastewater capacity ��mmi the projec being unable to move forward to final plat, town staff � e Hom` an F`�`� isco that the town would not be able to use � �� , , A ; , . the fund; em i�� amouri�'��e ��ided under the grant guidelines and - �; , return funding a� and a� that the ��'��v` �be allowed to reapply at a time when town �y .� staff fe�:� could move ��vard r��.�: and meet the requirements under the affordable housing pr established=� the fe - home loan bank system. At this time the work that o °':� has been don �� a standstill," some dies will need to be repeated. Staffls recommendatior� �r, , shelve th isting specific plan until the town is ready to move forward ,� .; with the project an s ply for ding. The county through various mechanisms has given the town one year to secu � vW��vater capacity, reapply and receive funding from federal sources and enter into I�� i Pima County prior to recommending that those general obligation funds be realloca��d to another project. The town is about four-five months into that one-year period, and there doesn't appear to be much movement. Staff's opinion is that returning the funds gracefully rather than having the Board vote to remove them from us might give us a better chance in the future of getting funding should any general obligation funds come up for voter approval in the future. D 3: Relatin tg o Le�islation and Governtnent Actions: Discussion and possible action regarding all pending state, federal, and local legislation/government actions and on recent and upcoming meetings of other governmental bodies. Mr. Davidson reported no activity. Regular Council Meeting - August 7, 2012 - Page 74 of 95 EXECUTIVE SESSIONS E 1: Executive Session pursuant to A.R.S. §38-431.03 (A)(1) for discussion, consideration and evaluation of the performance of Town Manager Gilbert Davidson E 2: Executive session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), for discussion or consultation with the Town's attorneys and to instruct the Town's representatives concerning (1) the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008-001131, Arizo ourt of Appeals No. 1 CA CV 11 0381; (2) the lawsuit entitled Pima County v. Town of Pima County Superior Court No. C20116094; and (3) pending legal issues, settlement, ;_\ sions and contract negotiations � :�.,, : relating to the transition of Marana wastewater collecti,��': ,.,, tment to the Town of Marana E 3: Executive Session pursuant to A.R.S. §38- �' (A)(3), C� consultation for legal advice with the Town concerning agenda. �`� , FUTURE AGENDA ITEMS Notwithstanding the mayor's discreti� council members request an item to be for the second regular town �ouncil me Title 2, Chapter 2-4, S „� B) ADJOi:fRNMENT Council Me`nber � CERTIF � I here ' ify that th �:n meetmg��i on July 17, ask for discussion or listed on this items to �on the agenda, if three or more agenda;�'�' ust be placed upon the agenda r �e of th � v uest (Marana Town Code, to a�;�t��'n at 8: � by I Jocelyn C. Bronson, Town Clerk Post, second by the true "`�� rrect minutes of the Marana Town Council certify that a quorum was present. Ty� Regular Council Meeting - August 7, 2012 - Page 75 of 95 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, August 7, 2012, 7:00 PM To: Mayor and Council From: Jane Fairall, Deputy Town Attorney Strategic Plan Focus Area: Not Applicable Item A 1 Subject: Ordinance No. 2012.09: Relating to Mayor and Council; amending Marana Town Code Title 2 entitled "Mayor and Council," Chapter 2-4 entitled "Council Procedure' ; amending Section 2-4-1 to revise procedures for posting of Council meeting notices; amending Section 2-4-2 to revise provisions regarding agenda format; amending Section 2-4- 4 to revise procedures for open call to the public at Council meetings; and declaring an emergency Resolution No. 2012-065: Relating to Mayor and Council; declaring as a public record filed with the Town Clerk the amendments adopted by Ordinance No. 2012.09 to Marana Town Code Title 2"Mayor and Council," Chapter 2-4 entitled "Council Procedure" Discussion: The proposed ordinance would make several changes to Chapter 2-4 of the Town Code regarding Council procedures for posting of agenda notices, the required agenda format and the procedures for call to the public at Council meetings. The purposes of these proposed changes are to ensure compliance with the Arizona open meeting law and to provide more flexibility in procedures and formats for special meetings of the CounciL Substantive changes include the following: 1. Changing posting requirements so that meeting notices and agendas will be posted on the Town's website and in other locations as listed on the website. This proposed change is in accordance with recent changes to the open meeting law regarding required posting. 2. Providing that the standard agenda format as approved by Council and the standard Council procedures will generally be used for regular Council meetings, but that a more relaxed format and procedures may be used for special meetings, study sessions, retreats and the like, as long as the format and procedures used comply with the open meeting law. 3. Changing provisions regarding call to the public to provide that members of the public may address the Council on any issue within the jurisdiction of the Council during call to the public, except for items scheduled for a public hearing at the same meeting, in which case citizens may speak during the public hearing. Currently, the Code and agenda provide that citizens may speak only about items NOT on the Council agenda at call to the public. The practice of the Council has been to allow citizens to speak about items on the agenda when the agenda item is called; however, there is generally no provision for this in the open meeting law or in the Code. This change will ensure that all members of the public are able to address the Council about any item within the Council's jurisdiction at each meeting, as is Regular Council Meeting - August 7, 2012 - Page 76 of 95 required by the open meeting law whenever a call to the public is held. Financial Impact: None ATTACHMENTS: Name: Description: G! Amendina Town Code Ordinance 2012.09.doc Ordinance 2012.09 � Amendina town code reso 2012-065.doc ResoluGon 2012-065 � Exhibit A.DOG Exhibit A Type: Ordinance Resolution Exhibit Staff Recommendallon: Staff recommends approval of the proposed code amendments. Suggested Motion: I move to adopt Ordinance No. 2012.09, amending Marana Town Code Title 2 and Resolution Na 2012-065, declaring the amendments to Marana Town Code Title 2 as a public record filed with the Town Clerk. Regular Council Meeting - August 7, 2012 - Page 77 of 95 MARANA ORDINANCE NO. 2012.09 RELATING TO MAYOR AND COUNCIL; AMENDING MARANA TOWN CODE TITLE 2 ENTITLED "MAYOR AND COUNCIL," CHAPTER 2-4 ENTITLED "COUNCIL PROCEDURE"; AMENDING SECTION 2-4-1 TO REVISE PROCEDURES FOR POSTING OF COUNCIL MEETING NOTICES; AMENDING SECTION 2-4-2 TO REVISE PROVISIONS REGARDING AGENDA FORMAT; AMENDING SECTION 2-4-4 TO REVISE PROCEDURES FOR OPEN CALL TO THE PUBLIC AT COUNCIL MEETINGS; AND DECLARII�G AN EMERGENCY. WHEREAS the Town Council is required by A.R.S. § 38-431 AZ to provide notice and an agenda for all public meetings; and WHEREAS the Town Council is authorized by A.R.S. § 38-431A1 to make an open call to the public during a public meeting, subject to reasonable time, place and manner restrictions, to allow individuals to address the Council on any issue within the jurisdiction of the Council; and WHEREAS the Town Council finds that the provisions established by this ordinance are in the best interests of the Town of Marana. NOW, THEREFORE, BE IT ORDAINED BY TI� MAYOR AND COUNCIL OF 'TI� TOWN OF MARANA, as follows: SECTION l. The amendments to the Marana Town Code Title 2"Mayor and Council," three copies of which are on file in the office of the Town Clerk of the Town of Marana, Arizona, which were made a public record by and attached as Exhibit A to Resolution No. 2012-65 of the Town of Marana, Arizona, are hereby referred to, adopted and made a part of this ordinance as if fully set out here. SECTION 2. The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance. SECTION 3. AIl ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the Council in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance. SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this ordinance. Marana Ordinance 2012.09 - 1- 7/24/2012 JF Regular Council Meeting - August 7, 2012 - Page 78 of 95 SECTION 5. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this ordinance become immediately effective, an emergency is hereby declared to exist, and this ordinance shall be effective imrnediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 7�' day of August, 2012. ATTEST: Jocelyn C. Bronson, Town Clerk Marana Ordinance No. 2012.09 -2- Mayor Ed Honea APPROVED AS TO FORM: Frank Cassidy, Town Attorney 7/24/2012 JF Regular Council Meeting - August 7, 2012 - Page 79 of 95 MARANA RESOLUTION NO. 2012-065 RELATING TO MAYOR AND COUNCIL; DECLARING AS A PUBLIC RECORD FILED WITH THE TOWN CLERK THE AMENDMENTS ADOPTED BY ORDINANCE NO. 2012.09 TO MARANA TOWN CODE TTI'LE 2"MAYOR AND COUNCIL," CHAPT'ER 2-4 ENTITLED "COUNCIL PROCEDURE BE IT RESOLVED BY TI� MAYOR AND COUNCIL OF 'TI-�E TOWN OF MARANA, ARIZONA, that the amendments to the Marana Town Code Title 2"Mayor and Council," a copy of which is attached to and incorporated in this resolution as Exhibit A and three copies of which are on file in the office of the Town Clerk, is hereby declared to be a public record and ordered to remain on file with the Town Clerk. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 7�' day of August, 2012. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution No. 2012-065 JF 7/12/12 Regular Council Meeting - August 7, 2012 - Page 80 of 95 EXHIBIT A TO MARANA RESOL UTION NO. 2012-063 Amendments to the Marana Town Code, Title 2"Mayor and Council, " Chapter 2-4 "Council Procedure,'' pursuant to Marana Ordinance No. 2012.09 SECTION 1. Section 2-4-1 of the Marana Town Code is hereby revised as follows with added text shown with double underlinins and deletions shown with �*-�'�° �••* *°°*: 2-4-1 Regular and special council meetings A. All meetings of the council shall be public meetings and shall be conducted in accordance with A.R.S. § 38-431 et seq. (the "open meeting law") and all other federal, state and local laws. The council shall hold its regular meetings on the firsf and third Tuesday of each month, � exce t that when the day fixed for any regular meeting of the council falls upon a day designated by law as a legal holiday or election day, the meeting shall be held on the next succeeding day which is not a holiday, unless otherwise set by action of the counciL "Upon consultation between the mayor and the town manager, any meeting which is determined to be unnecessary may be cancelled. The town clerk shall issue a notice of cancellation which shall be posted in the usual manner. Additional meetings includin� without limitation, s�ecial meetin�s and stud� sessions, shall � be scheduled as needed upon request to the town clerk by the mayor, three council members or the town manager. Addifional meetings shall be noticed and agendized in accordance with the provisions of this code and applicable state statutes. B. , �, , , � , . � All � meetings ::�.a �r ��=�'_ -„^�'�^�° of the council shall be held at the Marana Town Hall, 11555 West Civic Center Drive, Marana, Arizona, unless otherwise designated. �C. Members of the council and the �ublic shall be �iven at least 24 hours' �notice of eae�t all council meetings as set forth in the open meetin� law" exce�t in the case of an actual emergencv. , Notice shall be posted � the towri s website and in such other locations as listed on the town's website and as are reasonable and �racticable ' �. In the case of an c al emergency �e€�e� , a meeting mav be held unon such notice as is reasonable under the circumstances. Notice in this paragraph is intended to mean a complete agenda of the meeting, including the � t�e of ineeting, and e location, date and time of the meeting. "r^*�^� '-^ � �:' -„ m'��-�^ ^� ^" ^ ^�,�°" {00031113.DOC /} 7/19/12 JF Regular Council Meeting - August 7, 2012 - Page 87 of 95 EXHIBIT A TO MARANA RESOL UTION NO. 2012-06� Amendments to the Marana Town Code, Title 2"Mayor and Council, " Chapter 2-4 "Council Procedure, " pursuant to Marana Ordinance No. 2012. 09 �D. Written minutes shall be taken of each council meeting, and if recording equipment is available, each council meeting shall also be recorded. These prov3sions shall not apply to executive sessions, which are governed elsewhere in this code. SECTION 2. Section 2-4-2(E) of the Marana Town Code is hereby revised as follows with added text shown with double underlinin.� and deletions shown with �* �,.* +°°+: 2-4-2 Agenda preparation and distribution [Paragraphs A through D remain unchanged] E. The agenda format as approved by resolution of the council will generally be used for all regular �ee� town council meetings, althou h variations mav be made from time to time. For s�ecial meetin s�. study sessions, n�_d other meetin�s, such as joint meetings with other entities, retreats, subcommittee meetings, an task force meetings, �,. ,�,. ,��.,, „�:., i., .,i�w,. ,.�, .,+;,, �.,,, �, :. ..� , a relaxed format may be used which excludes many of the unnecessary items, as lon� as the format used com�lies with the o�en meeting law. [Paragraphs F and G remain unchanged] SECTION 3. Section 2-4-4(G) of the Marana Town Code is hereby revised as follows with added text shown with double underlinine and deletions shown with s�l�e-e�e�: 2-4-4 Procedures for meetings The following procedure� will generally �� to all regular a�-spee� town council meetings� For snecial meetin�s, study sessions and other meetings, such as joint meetings with other entities, retreats, subcommittee meetings, and task force meetings, � relaxed �rocedures mav be used which exclude anv unnecessar� items, as long as all vrocedures com�lv with the o�en meeting law. [Paragraphs A through F remain unchanged] G. Call to the public: persons wishing to address the council on an,y issue within the iurisdiction of the council, exce�t far items scheduled for a�ublic hearine at the same meetin�, ' may do so durin th� e call �o the �ublic. �a�Each speaker is limited to three minutes. The mayor or council may limit the total time offered speakers. 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. {00031113.DOC /} 7/19/12 JF Regular Council Meeting - August 7, 2012 - Page 82 of 95 EXHIBIT A TO MARANA RESOL UTION NO. 2012-065 Amendments to the Marana ?'own Code, Title 2"Mayor and Council, " Chapter 2-4 "Council Procedure, " pursuant to Marana Ordinance No. 2012.09 [Paragraphs H through K remain unchanged] {00031113.DOC /} 7/19/12 JF Regular Counal Meeting - August 7, 2012 - Page 83 of 95 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, August 7, 2012, 7:00 PM To: From: Mayor and Council Jane Fairall, Deputy Town Attorney Strategic Plan Focus Area: Not Applicable Item A 2 Subject: Resolution No. 2012-066: Relating to Mayor and Council; approving an amended agenda format for regular Town Council meetings Discussion: Marana Town Code Section 2-4-2(E) provides that the Town Council shall approve by resolution an agenda format for Town Council meetings. The last time that the Council approved an agenda format was in July 2005. The proposed revised agenda format includes language that conforms to the proposed changes to Chapter 2-4 of the Code regarding council procedures and call to the public, as presented earlier tonight. A redlined version of the agenda format, showing changes between the current agenda format and the proposed agenda format, is included in the Council packet for your information. Financial Impact: None ATTACHMENTS: Name: Description: Type: Resolution � Aoprovina new agenda format reso 2012- 066.doc Resolution 2012-66 � 00031185.DOC [;� OQ031190.DOC Staff Recommendation: Exhibit A- amended agenda format Exhibit Redline comparison cunenUproposed agenda format Backup Material Staff recommends approval of the amended agenda format. Suggested Motion: I move to adopt Resolution No. 2012-066, approving an amended agenda format for Town Council meetings. Regular Council Meeting - August 7, 2012 - Page 84 of 95 MARANA RESOLUTION NO. 2012-066 RELATING TO MAYOR AND COUNCIL; APPROVING AN AMENDED AGENDA FORMAT FOR REGULAR TOWN COUNCIL MEETINGS WHEREAS Marana Town Code Section 2-4-2(E) provides that the Town Council shall ap- prove by resolution an agenda format for regular Town Council meetings; and WHEREAS on July 5, 2005, the Town Council adopted Marana Resolution No. 2005-82 ap- proving an agenda format; and WHEREAS the Town Council finds that approving an amended agenda format in conform- ance with ohanges to the Arizona open meeting law and to Town Code is in the best interests ofthe Town. NOW, THEREFORE, BE IT RESOLVED BY TT� MAYOR AND COUNCIL OF THE TOWN OF MARANA,ARIZONA, AS FOLLOWS: SECTION 1. The amended agenda format for regular Town Council meetings attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved and this amend- ed agenda format hereby supersedes and replaces the agenda format approved pursuant to Marana Resolution No. 2005-82. SECTION 2. The Town's Manager and staffare hereby directed and authorized to under- take all other tasks necessary to carry out the terms and objectives of this resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 7�` day of August, 2012. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Marana Resolution No. 2012-066 �nz�o�2 Regular Council Meeting - August 7, 2012 - Page 85 of 95 � �' � MARANA TOWN COUNCIL REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, (date) , at or after 7:00 PM Ed Honea, Mayor Patti Comerford, Vice Mayor David Bowen, Council Member Herb Kai, Council Member Carol McGorray, Council Member Jon Post, Council Member Roxanne Ziegler, Council Member Pursuant to A.R.S. § 38.431.02, notice is hereby given to the members of the Marana Town Council and to the general public that the Town Council will hold a meeting open to the public on (date) , at or after 7:00 PM located in the Town Council Chambers,11555 W. Civic Center Drive, Marana, Arizona. ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items appear in italics. As a courtes,y to others, please turn off or put in silent mode all pa�ers and cell phones. Meeting Times Welcome to this Marana Town Council meeting. Regular Council meetings are usually held the first and third Tuesday of each month at 7:00 PM at the Marana Town Hall, although the date or time may change and additional 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 the Call to the Public or Public Hearings, you must fill out a speaker card (located in the lobby outside the Council Chambers) and deliver it to the Town Clerk prior to the convening of the meeting. 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 {00031185.DOC / 2} Regular Council Meeting - August 7, 2012 - Page 86 of 95 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. Accessibilitv To better serve the eitizens of Marana and others attending our meetings, the Council Chambers are wheelchair and handicapped accessible. Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting the Town Clerk at (520) 382- 1999. Requests should be made as early as possible to arrange the accommodation. Agendas Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online at www.marana.com, by linking to the Town Clerk page under Agendas, Minutes and Recent Actions. For questions about the Council meetings, special services or procedures, please contact the Town Clerk, at 38�-1999, Monday through Friday from 8:00 AM to 5:00 PM. This Notice and Agenda posted no later than (date 24 hours prior to meeiing) , 7:00 PM, at the Marana Municipal Complex,11555 W. Civic Center Drive, the Marana Operations Center, 5100 W. Ina Road, and at www.marana.com on the Town Clerk page under Agendas, Minutes and Recent Actions. 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 withixt the jurisdiction of the Town Council, except for items scheduled for a Public Hearing at this meeting. The speaker may have up to three minutes to speak. Any persons wishing to address the Council must complete a speaker card located outside the Council Chambers and deliver it to the Town Clerk prior to the commencement of the meeting. Individuals addressing a meeting at the Call to the Public will not be provided with electronic technology capabilities beyond the existing voice amplification and recording capabilities in the facilities and the Towri 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, and may ask staff to review the matter, or may ask that the matter be placed on a future agenda. PROCLAMATIONS MAYORAND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS {00031185.DOC / 2} Regular Council Meeting - August 7, 2012 - Page 87 of 95 MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS PRESENTATIONS CONSENT AGENDA T'he ConsentAgenda contains items requiring action by the Council which are generally routine iterns not requiring Council discussion. A single motion and affirmative vote will approve all items on the Consent Agenda, including any resolutions or ordinances. Prior to a motion to approve the Consent Agenda, any Council member may remove any item from the Consent Agenda and that item will be discussed and voted upon separately. LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION ITEMS FOR DISCUSSION/POSSIBLE ACTION EXECUTIVE SESSIONS Pursuant to A.R.S. § 38.431.03, the Town Council may vote to go into executive session, which will not be open to the public, to discuss certain matters. FUTURE AGENDA TTEMS Notwithstanding the Mayof s discretion regarding the items to be placed on the agenda, if three or more Council members request that an item be placed on the agenda, it must be placed on the agenda for the second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2-4-2(B). ADJOURNMENT {00031185.DOC / 2} Regular Council Meeting - August 7, 2012 - Page 88 of 95 � � . � MARANA TOWN COUNCIL REGULAI� COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, (date) , at or after 7:00 PM Ed Honea, Mayor Patti Cornerford, Vice Mayar David Bowen, Council Member Herb Kai, Council Member Carol McGorray, Council Member Jon Post, Council Member Roxanne Ziegler, Council Member Pursuant to A.R.S. � 38.431.02, notice is hereb��iven to the members of the Marana Town Council and to the �eneral nublic that the Town Council will hold a meeting ot�n to the public on da e , at or after 7:00 PM located in the Town Council Chambers,11555 W. Civic Center Drive, Marana, Arizona. ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items appear in italics. As a courtesy to others, please turn off or put in silent mode all pagers and cell phones. Meeting Times Welcome to this Marana Town Council meeting. Regular e:e�i� meetings are usually held the first and third Tuesday of each month at 7:OOp:�: PM at the Marana Town Hall, although the date or time may change ' and a meetin may be called at other times and/or places. Contact Town �Fiall 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. �eaking at Meetings If you are interested in speaking to the Council during the Call to the Public or Public Hearings , you must fill out a speaker card (located in the lobby outside the Council Chambers) and deliver it to the Town Clerk prior to the convening of the meeting. 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, {00031190.DOC /} Regular Council Meeting - August 7, 2012 - Page 89 of 95 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. Accessibilitv To better serve the citizens of Marana and others attending our meetings, the Council Chambers are wheelchair and handicapped accessible. , ",' , . ,-a-�g�' , •, Persons with a disab'li ma re uest a reasona le accommo a�ion, such as� �i,�,m lan�uaae in�.er�r.ete� contac__ting_he Town Clerk at (520) 382-1999. Reauests should be made as earlv as nossible to arran�e the accommodation. A eg ndas 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 8r��a�esRecent Actions. 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. �est� Notice and Agenda on sted no later than (date 24 hours prior to meeting) . 7:00 PM, at the Marana Municipal Complex, W. Civic Cen�er Drive,� Marana Operations Center 5100 W. Ina Road, and at www.marana.com u��er the Town Clerk,�a�e under Agendas, Minutes and E��c-esRecent Actions. REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE APPROVAL OF AGENDA CALL TO THE PUBLIC At this time any member of the public is allowed to address the Town Council on any issue '_ ,.. ..� within the j�xrisdiction of the Town Council, excent for items scheduled for a Public Hearin,�at this meetin�. 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 e-a�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 #ew�tTown's overhead projector/document reader. Pursuant to the Arizona Open ' MeetinQ Law, at the conclusion of Call to the Public, individual members of the e�e�lCouncil may respond to criticism made by those who have addressed the Council, and may ask staff to review the matter, or may ask that the matter be placed on a future agenda. {00031190.DOC /} Regular Council Meeting - August 7, 2012 - Page 90 of 95 PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS PRESENTATIONS CONSENT AGENDA The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring CounciT discussion. A single motion an�l affi_rmati�e vote will approve all items on the Consent a��a A�enda, including any resolutions or ordinances. �r Prior to a mo tion to apvrove the Cons Ag anv Council �e� member may remove any iss�eitem from the Consent a�g�a enda and that 3ss�item will be discussed and voted _........._ upon separately, ' . LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION ITEMS FOR DISCUSSION/POSSIBLE ACTION EXECUTIVE SESSIONS Pursu to A.R 6 38.431.03 the Town Council mav vote to go in to executive session, which will, not be o�en to the to discuss certain matters. FUTURE AGENDA ITEMS Notwithstanding the M�r 's discretion # re�ardin� the items to �la�e be��lace on the agenda, if three or more c-e� �ilCouncil members request that an item �e-be placed on the agenda, it must be placed �n the agenda for the second regular �a�r��-�Town Council meeting after the date of the request-��ursuant to Marana Town Cod ,' , , � Section 2-4 2 �B)_ ADJOURNMENT {00031190.DOC /} Regular Council Meeting - August 7, 2012 - Page 91 of 95 Document comparison by Workshare Professional on Thursday, July 19, 2012 3:47:55 PM {00031190.DOC /} Regular Council Meeting - August 7, 2012 - Page 92 of 95 {00031190.DQC /} Regular Council Meeting - August 7, 2012 - Page 93 of 95 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, August 7, 2012, 7:00 PM To: Mayor and Council From: Frank Cassidy, Town Attorney Strategic Plan Focus Area: Not Applicable Item A 3 Subject: Relating to Utilities; Appointing a council member or a number of council members to negotiate on the Town of Marana's behalf in the wastewater litigation Discussion: Under future agenda items at the June 26, 2012 special council meeting, Council Member Post requested a future agenda item to diseuss the possibility of nominating a council member or a number of council members to negotiate on the Town's behalf in the wastewater litigation. Council Member Bowen supported the request, and the Mayor indicated that he would place the item on the agenda. This item was placed on the Council's July 17, 2012 agenda to accommodate Council Member Post's request. At the July 17, 2012 Council meeting, the Council voted to table the issue and consider it at a future meeting. The item is placed on tonight's agenda for further consideration by the Council. ATTACHMENTS: Name: Description: Type: No Attachments Available Staff Recommendation: If the council chooses to appoint one or more council members to negotiate on the Town's behalf, staff recommends that three or fewer members be appointed, to avoid complications relating to the Open Meeting Law. Suggested Motion: Council's pleasure. Regular Council Meeting - August 7, 2012 - Page 94 of 95 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, August 7, 201 �, 7:00 PM To: Mayor and Council From: Ed Honea, Mayor Strategic Plan Focus Area: Not Applicable Item D 2 Subject: Relating to Parks and Recreation; discussion and consideration of a possible one-time waiver of the Town's mobile stage rental policy regarding the use of the stage outside Town timits and the fees associated with the use of the stage Discussion: On April 3, 2007, the Marana Town Council adopted Resolution No. 2007-48, approving parameters for the use of the Town's mobile stage. Prior to the adoption of Resolution No. 2007-48, the Town stage was requested by multiple groups and entiries outside of the Marana community. The intent of the resolution was to focus on the Marana community and reduce wear and tear on the stage during transport and set-up. As such, the Council adopted a policy limiting the use of the stage to use within the Town's corporate boundaries. In adopting Resolution No. 2007-48, the Council also prescribed fees for use of the mobile stage. The approved fee schedule details all the costs associated with the use of the mobile stage, including transportation, personnel, insurance, deposits, and rental costs. A copy of Resolution No. 2007-48 and the Mobile Stage Rental Application and Agreement, including the fee schedule, is included in the Council packet for the Council's information. This agenda item allows for discussion and considerarion of a possible one-time waiver of the mobile stage rental policy regarding use of the stage outside the Town limits. Council may also discuss possible waiver or partial waiver of fees associated with the use of the stage for this event. Information regarding the event at which the stage would be used, if approved, will be provided at tonight's meeting. Financial Impact: The estimated cost to the Town in personnel and mileage to traxisport the stage and generator to Davis Monthan Air Force Base is $668.55. Pursuant to the fee schedule approved by Resolution No. 2007-48, the total rental costs, including personnel and mileage, would be $972.00. ATTACHMENTS: Name: Description: Type: No Attachments Available Staff Recommendation: Suggested Motion: Council's pleasure. Regular Council Meeting - August 7, 2012 - Page 95 of 95