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Home My WebLink About12/18/2012 Amended Council Agenda PacketMARANA TOWN COUNCIL Amended at 11: 00 a.m. on December 14, 2012 - REGULAR COUNCIL MEETING NOTICE AND AGENDA ll 555 W. Civic Center Drive, Marana, Arizona 85653 Couneil Chambers, December 18, 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 1Vlember Pursuant to A.R.S. § 38.431.02, notice is hereby given to the members of the Marana Town Council and to the general public that the Town Council will hold a meeting open to the public on December 18, 2012, at or after 7:00 PM located in the Council Chambers of the Marana Municipal Complex, 11555 W. Civic Center Drive, Marana, Arizona. ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items appear in italics. As a courtesv 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 Council meetings are usually held the first and third Tuesday of each month at 7:00 PM at the Marana Municipal Complex, although the date or time may change and additional meetings may be called at other times and/or places. Contact the Town Clerk or watch for posted agendas for other meetings. This agenda may be revised up to 24 hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda. Speaking at Meetings If you are interested in speaking to the Council during the Call to the Public or Public Hearings, you must fill out a speaker card (located in the lobby outside the Council Chambers) and deliver it to the Town Clerk prior to the convening of the meeting. 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. Persons with a disability may request a reasonable accommodation, Regular Counci4 Meeting - December 18, 2012 - Page 1 of 163 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 382- 1999, Monday through Friday from 8:00 AM to 5:00 PM. This Notice and Agenda Posted no later than Monday, December 17, 2012, 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/INVOCATIONIMOMENT OF SILENCE APPROVAL OF AGENDA CALL TO THE PUBLIC At this time any member of the public is allowed to address the Town Council on any issue within the jurisdiction of the Town Council, except for items scheduled for a Public Hearing at this meeting. The speaker may have up to three minutes to speak. Any persons wishing to address the Council must complete a speaker card located outside the Council Chambers and deliver it to the Town Clerk prior to the commencement of the meeting. Individuals addressing a meeting at the Call to the Public will not be provided with electronic technology eapabilities beyond the existing voice amplification and recording capabilities in the facilities and the Town's overhead projector/doeument 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 MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS PRESENTATION5 CONSENT AGENDA The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion and affirmative vote will approve all items on the Consent Agenda, including any resolutions or ordinances. Prior to a motion to approve the Consent Agenda, any Council member may remove any item from the Consent Agenda and that item will be discussed and voted upon separately. C 1: Resolution No. 2012-099: Relating to Development; approving a final plat replat for Saguaro Bloom Block 8B (formerly Saguaro Springs Block 8B} lots 154, 224, 225, 251, Regular Council Meeting - December 18, 2012 - Page 2 of 163 252, 282, 283, 316, 317, 347, 348, 374, 375, 393, 394, and Common Area'B'. (Kevin Kish, AICP) C 2: Resolution No. 2012-100: Relating to Community Development; approving and authorizing the mayor to execute an intergovernmental agreement between Pima County and the Town of Marana for the management and implementation of the 2012-2013 Community Development Block Grant Program (T VanHook) C 3: Resolution No. 2012-101: Relating to regional participation; recognizing the Imagine Greater Tucson document "Looking Forward: Vision for a Greater Tucson Region." (Kevin Kish, AICP) C 4: Resolution No. 2012-102: Relating to Community Development; approving and authorizing the Mayor to execute a memorandum of understanding between the Town of Marana and the Southern Arizona Arts and Cultural Alliance regarding the planning, development and presentation of the Marana Main Street Festival in Apri12013 (T VanHook) C 5: Resolution No. 2012-103: Relating to Real Estate; approving and authorizing the Mayor to execute a license agreement extension for electric vehicle charging stations (Frank Cassidy) C 6: Approval of December 4, 2012 Special and Regular Minutes and December 11, 2012 Special Meeting minutes (Jocelyn Bronson) LIQUOR LICENSES L 1: Relating to Liquor Licenses; recommendation to the Department of Liquor Licenses and Control regarding a special event liquor license application submitted by Sharon Nelson on behalf of Sunflower Vintage Gardeners for a Floral Interpretive Art Show at 9401 N. Sunflower Park Drive onFebruary 17, 2013. (Jocelyn C. Bronson) L 2: Relating to Liquor Licenses; recommendation to the Department of Liquor Licenses and Control regarding the special event liquor license application submitted by the Southern Arizona Arts and Cultural Alliance for the Senior Prom event to be held at Marana Health Center (Jocelyn Bronson) L 3: Relating to Liquor Licenses; recommendation to the Department of Liquor Licenses Added Late and Control regarding the special event Iiquor license application submitted by the PGA Tour, �nc. for the Professional Golf Tournament to be held beginning February I S through 24, 20131ocated at 6501 W. Boulder Bridge Pass, Marana, AZ 85658 (Jocelyn Bronson) L 4: Relating to Liquor Licenses; recommendation to the Department of Liquor Licenses Added Late and Control regarding the special evenCliquor license application submitted by Tucson Conquistadores, Inc. for Friday, February 22, 20121ocated at 12100 N. Dove Mountain Boulevard, Marana, AZ 85658 (Jocelyn Bronson) BOARDS, COMMISSIONS AND COMMITTEES B 1: Resolution No. 2012-104: Relating to Boards, Commissions and Committees; making Town Council appaintments to the Town of Marana Utilities Board; appointing the chair of the Utilities Board from among its membership (Jocelyn Bronson) B 2: Resolution No. 2012-105: Relating to Boards, Commissions and Committees; approving and authorizing the re-appointments of Scott Mundel and Marsha Regrutto to the District Board of the Red Hawk Canyon Community Facilities District No. 2(Jocelyn Bronson) Regular Council Meeting - December 18, 2012 - Page 3 of 163 B 3: Resolution No. 2012-106: Relating to Boards, Commission and Committees; removing Commissioner Michael Wiles from the Town of Marana Planning Commission (Kevin Kish, AICP) . COUNCIL ACTION A 1: PUBLIC HEARING: Relating to Alternative Expenditure Limita.tion (Home Rule Option) (Erik Montague) A 2: Resolution No. 2012-107: Relating to Development; approving and authorizing the Mayor to execute the Sky Ranch Conveyance Agreement (Frank Cassidy) A 3: Resolution No. 2012-108: Relating to Utilities; approving and authorizing the Mayor to execute the Second Amendment to Town of Marana Agreement for Construction of Potable and Non-Potable Water Facilities and Provision of Water Utility Service for Gladden Farms (Frank Cassidy) ITEMS FOR DISCUSSION/POSSIBLE ACTION D l: Relatin� to Parks and Recreation; discussion and consideration of a possible 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) D 2: Relarin tg 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) 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. E 1: Executive �ession 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)(1) for discussion and consideration of the possible removal from office of certain Town of Marana Planning Commission members E 3: Executive Session pursuant to A.R.S. § 38-431.03(A)(1) for discussion, consideration and possible ��rviews of candidates for appointment to the Town of Marana Utilities Board. E 4: Executive,.session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), for diseussion 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, 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 discussions and contract negotiations relating to the transition of Marana wastewater collection and treatment to the Town of Marana FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion 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 Regular Councit Meeting - December 18, 2012 - Page 4 of 163 second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2-4-2(B). I�IaC� : ► ►�19 ► Regular Council Meeting - December 18, 2012 - Page 5 of 163 Alternative Ex enditure p Limitation Home Rule ■ State im osed limitation p ■ In 1980, Arizona voters imposed an expenditure limit formula on municipalities, school districts and counties based on the 1979 level of spending. ■ The limitation grows each year based on population and inflation. State limitation - Exam le p 1979-80 Base Fiscal Year Limit x 2012-13 $ 202,239 x Population Factor 25.1635 2012-13 General Fund Expenditure Budget Amount above expenditure limit Fiscal Year 2013-2014 2014-2015 2015-2016 2016-2017 Projected Inflation State-Imposed x Factor = Expenditure Limitation x 2.8052 = $ 14,276,018 31,131,272 $ (16,855,254) Projected State- Imposed Expenditure Limitation $ 15,731,879 16,541,576 17,448,728 $ 18,421,082 Note: Amounts provided by the Economic Estimates Commission Im acts of State-Im osed p p . . . Lim�tat�on ■ Town would not be able to spend available resources ■ Services would need to be significantly reduced or eliminated Alternative ex enditure p Iimitation ■ Home Rule Option - allows the Town to create a local spending limit and present it to the voters for approval ■ Allows elected officials to set a spending limit based on local priorities (local control) ■ Annual adopted budget, based on available revenues, sets the annual limit Home Rule C� tion p ■ Once approved, the option is effective for four years ■ First approved by Town residents in 1985 ■ Current option was approved by voters in the May 19, 2009 general election ■ In effect through fiscal year 2012-13 Timeline ■ Hold two public hearings - December 18t" and January 15t" ■ Submit required information to Auditor General's Office - January ■ Complete publicity pamphlet - February ■ Distribute pamphlets/early ballots - April ■ General election - May 21 St ■ Canvass vote - June ` � � ' 1 oF � �� '��m��l� �� i� � P t . 4 i' � � 1.G� '�U'�1+Gi"fif A1'�2t'>I'"!� �t3�ti+e E3Ui[de€'S �scaciativn � N. C€wntry Ctub Fk�ad' Tuc�an, �riz�na 85716 Phc�n�: {52C►�'T95�-5114 F�X: �52t�) 3T6�8665 �b: wwv�r sahba,or� Pr+esid�rtt t�aaid Id�. �c�dt+��i ?�i� 6cecu�ive Offic�rs GF��airmar� Al LeCc�cq A.S. I�eCc�cq Ctms�t'uctiit� 9�t V��e �hxiirman t�n Teaney lutframante Hc�mes �� V�ce G#�air�nan AA�ke l.e�n� T�T'1"��fl �"IOIXIE�S Secr+�ar�rt�t Usa :Rank�n S�ufihvrest G� tmrn�ec�iat� E�a;st Chai�rnar� �ha�.ie Bc�wi+es t�an�ond Venfi�.�s ., .�. " � SENT V/A ELECTRON/C MAit Decernber 17, 2012 The Honorable Ed Honea Mayor Town of Marana 11555 W. Civic Center Dr. Marana, AZ 85653 RE: 12.18.12 Council Agenda Item C# - imagine Greater Tucson Dear Mayor Honea, On behalf of the Southern Arizona Home Builders Association (SAHBA}, I would like to offer our comments and perspective on Imagine Greater Tucson for the Council's consideration in regards to December 18, Regular Council Meeting Agenda item C3. First, let me express our appreciation for the sensitive manner in which the proposed Resolution treats IGT. The Town of Marana already has a sound, thoughtful and well crafted General Plan and Strategic Plan. These are the documents that will keep the Town on a path for economic, environmental and cultural success. While there are many aspects of IGT that could be beneficial for Marana and the larger community, there are others that are cause for concern and could adversely affect home building and related development industries. The IGT vision states the current trend in planning and development is unsustainable. We disagree. The IGT Preferred Future Scenario shows a future with significantly less traditional residentiaFdevelapment (especially in areas like Marana). We contend stifiing one of our region's major contributing industries would have adverse effects on our regional economy. Marana is a leader in the region for encouraging economic growth. The northwest part of our community is one of the most desirable submarkets in our region. The Town is already seen an improving economy and the benefits associated with the recovery of the housing market. While the proposed action by the Council on this item is only to "recognize" IGT, we encourage caution in using it as a tool to complement the strategic and general pian. Regards, � David M. Godlewski cc: Council Members Mr. Gitbert Davidson, Town Manager 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, December 18, 2012, 7:00 PM To: From: Mayor and Council Kevin Kish, AICP, Planning Director Strategic Plan Focus Area: Not Applicable Item C 1 Subject: Resolution No. 2012-099: Relating to Development; approving a final plat replat for Saguaro Bloom Block 8B (formerly Saguaro Springs Block 8B} lots 154, 224, 225, 251, 252, 282, 283, 316, 317, 347, 348, 374, 375, 393, 394, and Common Area'B'. Discussion: Historv The final plat for Saguaro Springs Block 8B was approved by the Town Council on December 19, 2006 by Resolution 2006-209. R�ce uest RBF Consulting, on behalf of Twin Peaks Development, Inc is requesting approval of a replat of Saguaro Bloom Block 8B (formally Saguaro Springs Block 8B). The requested replat is being proposed to inerease open space and passive recreation areas within the community. To accomplish this goal, the proposed lots with side yards against Hebden Way and Cadwell Way (lots 224, 225, 251,282,283, 316, 348, 374, 375,393, 394) are being reduced to their minimum allowed width. The additional width taken from the lots is being added to the adjacent landscape common area. Four lots (154, 252, 3 T7, 347) have been removed from the original plat. The footprints of the deleted lots are being added to the adjacent Common Area'B'. The proposed changes reduce the overall lot area for Block 8B from 46.7 acres to 45.54 acres, and increases Common Area'B' from 5.51 acres to 6.67 acres. Location Northeast corner of Saguaro Peaks Boulevard and Twin Peaks Road. Zoning Block 8B is zoned R-6 (single-family residential, minimum lot size 6,000 square feet). The replatted area has an average lot size of 7,025 square feet. The smallest lot is 6,079 (lot 251) and largest is 9,404 square feet (lot 394). Transportation Access to Saguaro Bloom is provided by Twin Peaks Road on the south and Lambert Lane on the north. The primary spine roads, Saguaro Highland and Saguaro Peaks Boulevard connect Twin Peaks to Lambert Lane. Block 8B has two points of access with one on Saguaro Peaks Boulevard and one on Hidden Saguaro TraiL ATTACHMENTS: Name: Description: � Resolution Saauaro Bloom 8B final �lat.doc Resolutiort 2012-099 Saguaro Bloom � Saquaro Bloom 86 location map.adf Saguaro Bloom 8B location map � Sa4uaro Bloom Back uo materiaLQdf Saguaro Bloom 8b Back up material � Sag Bloom 8b re�lat 11-28-12.�df Saguaro Bloom Sb final plat Type: Resolution Backup Material Backup Material Backup Material Regular Council Meeting - December 18, 2012 - Page 6 of 163 � Saquaro Bloom 86 aoplication.adf Saguaro Bloom 8B application Badcup Material Staff Recommendation: Staff finds that the final plat is in compliance with the Town of Marana Land Development Code and Marana General Plan. Staff recommends approval of this final plat. Suggested Motion: I move to approve Resolution No. 2012-099. Saguaro Springs Block 8B, lots 154, 224, 225, 251, 252, 282, 283, 316, 317, 347, 348, 3'74, 375, 393, 394, and Common Area'B'. Regular Council Meeting - December 18, 2012 - Page 7 of 163 MARANA RESOLUTION NO. 2012-099 RELATING TO DEVELOPMENT; APPROVING A FINAL PLAT REPLAT FOR SAGUARO BLOOM 8B (FORMERLY KNOWN AS SAGUARO SPRINGS BLOCK 8B), LOTS 154, 224, 225, 251, 252, 282, 283, 316, 317, 347, 348, 374, 375, 393, 394, AND COMMON AREA `B'. WHEREAS, the Saguaro Springs Block 8B Final Plat was approved by the Town Council on December 19, 2006 as Resolution 2006-209; and WHEREAS, the applicant, RBF Engineering representing the property owners of Saguaro Bloom, has applied for approval of partial replat of Saguaro Bloom Block 8B (formerly known as Saguaro Springs Block 8B), which consists of lots 154, 224, 225, 251, 252, 282, 283, 316, 317, 347, 348, 374, 375, 393, 394, and Common Area `B', and is generally located near the northeast corner of Saguaro Peaks Boulevard and Twin Peaks Road. WHEREAS, the Town Council, at their regular meeting on December 18, 2012, determined that the Saguaro Bloom Block 8B, Final Plat should be approved. NOW, T`I�REFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Saguaro Bloom Block 8B, lots 154, 224, 225, 251, 252, 282, 283, 316, 317, 347, 348, 374, 375, 393, 394, and Common Area `B' Final Plat, is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 18�' day of December, 2012. ATTEST: Mayor Ed Honea Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution No. 2012-099 EF�LiafFa Regular Councii Meeting - December 18, 2012 - Page 8 of 163 Regular Council Meeting - December t8, 2012 - Page 9 of 163 E')Cf$'I�I�tC FEI*IAI,� PI.1�Ti �, . 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" Str�et Ad��ess ,�. . . � ,,�; f;Q� ,.. . - , ,�r.�� : �,�c +� ;�ity" � � � � StaEe Zi Cocie Phtsr�e 1'3t�mG�r � ��c�+lti�ibei� " .� � �f�ctdi�ss �; � ��c ,,�� `�.f"b' �J��''l :��:.��"l f'�.�" ��- �'.. ` �E�. � ' G�ittactPersc�n � �j } P!i€�nel�tumb� � &�i1 �,�"��t '.�/�F�r+i""' , �+�'��'�'�'�:`�� ,E�l�jq^�.[�' � ' � GaA� a ; t�Iit;ti�€ � t �� . S4�tA.�i� ., „�t�,l�/� �; .��'r ':: a+��.�trl�C ��,5�` � ' �tfy - ° ; State �'ip t�e !'ht�r�e Ntrm� t��x i�i��rnfi>er � : . ,� ?��ss�,� '. �,�, �,s"� y/ ;��-�3t'. .�?i��3'1�'' ` �� : ;�� ' ,. e��► -.. ,. � _ �� r��„�r�� ' . . ' _,S''� �`f ,� srs��. , � - ; -.��,�� ,�.��.� �.�� Agei�tfKepresentat��re _.._. _ �tr�t A�ddres� - _„ ; �ity ._ �t�te 7.ip �ade : F�S�e �i�tt�b�r �`ax Nu�nher ' �-ivl�i� Addr�ss �siut��t P�sa� "�� `� �- �' T�swm mf Ma�ana �u��tess � � ' Lieense No. ; , x �- �� r .. :, a . . .. � , '��`�K ? �; °' ,: " ��m ��.e,a . ' ,. � . � �� I, th� �,: :�.erti�! that a!1 of the facts set fort�i in tliis sppiicativri ara true iv ftii� best of rny k�owFedge Acic� tllttt � a��i e��r #�iei; owner of th� ��oper€y dr t1�at l hava been autlwriz�ci in w��i�irse by the owner CO �[jC �If13 �j?p�1CAtiafl fl!]C� CII�CICj15� (!� �►ot o�vn�r �nf �� k�•itteu ��ft��orizflffon fiv� the a�v►�er.} �� E� - �e� � � � f�— C7�� ; b�p�:y.�r c,��31,x� �xi�� . � �� f �� ' l� V4+. Civi�. Cent�r �}rive. Bidg. A��Marana, A� 85b,S3-?t#��*Te�� li�pu� (��£3 38�-26�1�1�Fa�c" 5�i��..382=�b41 Regular Council Meeting - December 18, 2012 - Page 16 of 163 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, December 18, 2012, 7:00 PM To: Mayar and Council From: T VanHook, Community Development Director Strategic Plan Focus Area: Community Strategic Plan Focus Area - Additional Information: Item C 2 The supply of safe, affordable housing is a basic need in our community. The Town's CDBG funded Owner Occupied Housing Rehabilitation advances action strategies under the Community Building focus area by offering alternative funding for the rehabilitation of infrastructure in older neighborhoods and Colonias. Subject: Resolution No. 2012-100: Relating to Community Development; approving andauthorizing the mayor to execute an intergovernmental agreement between Pima County and the Town of Marana for the management and implementation of the 2012-2013 Community Development Bloek Grant Program Discussion: The Community Development Block Grant (CDBGj program, established by Congress in 1974, provides communities with resources to address a wide range of unique community development needs. Administered by the U.S. Department of Housing and Urban Development (HUD), the CDBG program provides annual grant funding, on a formula basis, to 1209 general units of local government and states. HUD awards grants to entitlement community grantees to carry out a wide range of community development activities directed toward revitalizing neighborhoods, economic development, and providing improved community facilities and services. Entitlement communities develop their own programs and funding priorities. However, grantees must give maximum feasible priority to activities which benefit low- and moderate-income persons. A grantee may also carry out activities which aid in the prevention or elimination of slums or blight. Additionally, grantees may fund activities when the grantee certifies that the activities meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community where other financial resources are not available to meet such needs. CDBG funds may not be used for activities which do not meet these broad national objectives. Eligible grantees include: principal cities of Metropolitan Statistical Areas (MSAs); other metropolitan cities with populations of at least 50,000; and qualified urban counties with populations of at least 200,000 (excluding the population of entitled cities). HUD determines the arnount of each entitlement grant by a statutory dual formula which uses several objective measures of community needs, including the extent of poverty, population, housing overcrowding, age of housing and population growth lag in relationship to other metropolitan areas.Because the Town does not meet the entitled communities criteria, any CDBG funding received by the Town must be allocated by Pima County. These funds are Regular Council Meeting - December 18, 2012 - Page 17 of 163 subjectto both the federal CDBG guidelines and the HCTD-approved plan developed by Pima County. The Town is able to apply for use of a portion of Pima County's CDBG funding through an annual proposal process. In February 2012, the Town applied for $247,000 in funding for four (4) project specific programs and for funding to cover the cost of administering programs that address the needs of low- to moderate-income families. Pirna County awarded the Town of Marana $90,000 from the FY 2012-2013 Community Development Block Grant Program. This is a 10% decrease in funding from the 2011-2012 award making it, for the second consecutive year, the lowest CDBG award in the Town's history. The decrease continues a trend of cuts that have placed limits on the Town's ability to provide services to citizens.This year's awards were made in five (5) categories: (1) Owner-Occupied Housing Rehabilitation $28,000; Emergency Home Repairs $25,000; Colonia-Neighborhood Cleanup $10,000; Graffiti Abatement $12,000; and Administration $15,000. Funding provided by Pima County through the proposed IGA will cover equipme�t and services for these programs retroactively from July 1, 2012, running through June 30, 2013. Quarterly reports will be provided to Pima County as a condition of the IGA. Financial Impact: This funding does not require any match or leveraged funding. All services will be provided with direct cost reimbursement. ATTACHMENTS: Name: � ResolutionCDBG.DOC Description: resolution 100 GDBG Type: Resolution IGA 20121207 Pima Co 2012- Exhibit A- CDBG IGA 13 CDBG IGA (000323821.qdf Staff Recommendation: Exhibit Staff recommends approval of the intergovernmental agreement with Pima County for the management and implementation of the 2012-2013 Community Development Block Grant Program. Suggested Motion: , I move to adopt Resolution No. 2012-100, approving and authorizing the mayor to execute an intergovernmental agreement between Pima County and the Town of Marana for the management and implementation of the 2012-2013 Community Development Block Grant Program. Regular Council Meeting - December 18, 2072 - Page 18 of 163 MARANA RESOLUTION NO. 2012-100 RELATING TO COMMUNITY DEVELOPMENT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN PIMA COUNTY AND TI-� TOWN OF MARANA FOR THE MANAGEMENT AND IMPLEMENTATION OF THE 2012-2013 COMMIJNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS the Town of Marana recognizes the need to provide safe affordable housing and neighborhood infrastructure for its citizens and has applied for Community Development Block Grant (CDBG) funding for these purposes; and WHEREAS Pima County has been awarded funding from the U.S. Department for Hous- ing and Urban Development under the CDBG program for the 2012-2013 fiscal year; and WHEREAS the Town of Marana has been selected as a sub-grantee through Pima Coun- ty's proposal process; and WHEREAS the parties 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 enter into this intergovernmental agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. T'he intergovernmental agreement between the Town of Marana and Pima County attached to and incorporated by this reference in this resolution as E�ibit A is hereby ap- proved, and the Mayor is hereby authorized and directed to execute it for and on behalf of the Town • of Marana. SECTION 2. The Town's Manager and staff are hereby directed and authorized to under- take all other and further tasks required or beneficial to carry out the terms, obligations, and objec- tives of the intergovemmental agreement. Marana Resolution No. 2012-100 -1 - Regular Council Meeting - December 18, 2012 - Page 19 of 163 PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 18�' day of December, 2012. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Mazana Resolution No. 2012-100 - 2- Regular Council Meeting - December 18, 2012 - Page 20 of 163 INTERGOVERNMENTALAGREEMENT � � � � . batween Pima Counry and Town of Marana for Manag�meM and Implementation of the Community Development Block Grant Progrem THIS IntergovemmeMal Agreement (IGA) is entered into by and between Pima County, a body poNtic and corporate of the State of Arizona (" COUNTY'7 and Town of Marana, a municipality of the State of Arizona ("TOWN"). RECITAIS A. COUNIY and TOWN may contract tor services and enter int0 agreements wHh one another for joint or cooperative action pursuar�t to A.R.S. § 11-951, efseq; � � , �. � � � B. TOWN is authorized by A.R.S. §9-500.11 to ezpend public monies for antl in connection with economic development activities; C. COUNTY is authorized by A.R.S. §§ 11-254.04, 11-251 (5) and 11-251 (17) to spend public moniea tp improve and enhance the economic welfare and health of the inhabiiants of the COUNTY; � �� . � D. COUNTY and TOWN are authorized by A.R.S. § 36-1403 to exercise certain powersrelating to housing projects; E. COUNN applied tor and received Community Developmerri Block Grant ("CDBG") funds in theamount of $2,421,558.00 from the - U.S. DepaAment of Housing and Urban DevelopmeM ('HUD") under Title I of the Housing and Gommunity DevelopmeM Act of 1974, as amended (PuMic Law 93383); F. COUNTY sought proposals from local agencies for Federal Year 2012-2013 for programs that would qualiy for CDBG tunds under solicitation number CDNG-12-16-11-CDBG-ESG-OA; G. TOWN submitted a response to this COUNTY sdicitation; H. COUNTY has determined that the TOWN is qualified to provide the services proposed in its response to sdicitation number CDNC- 12-16-11-CDBG-ESG-OA; L TOWMS program was determinad to be in the best interests of the residents of Pima CouMy; , J. The 2012-2013 Annual Action Plan COUNTY submitted to HUD to obtain CDBG funds, induded TOWN'S proposal; K. COUNTY tinds that it is appropriate to provide CDBG funds for TOWN'S program. NOW THEREFORE, COUNTY and TOWN, pursuant to the above, and in consideration of the matters and things hereinafter set forth, do mutually agree as follows: AGREEMENT 1. Purpoae. ThfslGAestablishestherightsandresponsibilitiesofthePartiesfortheprovisionofCDBGfundingforTOWNtocarryoutthe specific activitles described in the Project Summary attached as Exhibii A. 2. 3cope. In conxideration for the CDBG funds received, TOWN shalL• � . A. � Pedorm in accordance with.the Project Summary Exhibit A set forth in this IGA. The work under this must be performed to �� the satisfaction of ihe COUNTY. B. Comply with Me Special Ager�cy Conditions set forth in Exhibit 8. , Revised June 30, 2008 .� 1 '�.. Regular Councl(Meeting • Decert�er 18, 2012 • Page 21 ot 783 . '�.. . �''., U8B C�BG f4111f�8�'NT d .'. �� Y�th Ei3Ptf18 �.�. .� . . � . . �, � +2�1 ��,�Q93 At7ftUd� a.6IW#1 �S�n ("P�E'1"} $�f�(� b� fif3ClN`�'h" {b h1U� {Qr �'i�BE'a /Ulld�h�: � . . �. ��4C GBf�l4@�QC13 $l�lf`� W0C@ 6tl�t:ltlt8d CACIFtI(6CFitf� 1M�1 � F��'dit; 01M,�.. � . .�. ..... . s. The N�ka�v�mmental �ooRaretive k�e�r� f�ima G�±am1 T�!an af i�ear�.�r phe f,qrnmunihr 1�evett�m�ti �Cks taraM Prop� a�d Hc�me imreatenent P�rtrrareMp Pr�gram a��ad ��ksii D�t� �ulty ��or�ted h�r�, , C1. Undsr��k� the �me oba�kF�ns to C(ki1NTY. aa.GtN;N�ITY de�sto hiN9C) pW��r � 6+� �da�sura�s. T�1�+N1� hattl t�tUN'tY t�ermt�e aga€nat anY inlu�#hat C�?tNhf'TiF inaY su�srwfila r�p� ta Ht9Q an �ae.csurdc�f �r� fiBliare c+n 4kpa (?� 9�"�WN to fi�kfill anY ebl�ion� ta NllD. , �� t:�� t ihe ��r kt� 1� m�ts orre of th� eAa� Pr�sgr�n's 1�eGa�ra� �` d�stined in z� �.F.l�,�. ��o.��e. � c�n�se tt,� �� ;� �e� eu� r�r�+anc u� en� t�a � rne� �� e� �. ana m�eraca- ' g �. Prc�(de �uart�rry a�rd annua�r pm��m c�o� nh �C�uNTY°s aueip k�ed repor�ia� e�rs�em ak r �teP+��fiB Pro�+id�d tn an� othmr torlYHSlaai� be aG�Pfed �nty aiter � wti� 3� prs�vided bY �e Ci�mmcmiiy �veiqp�at�rtt and Neigh�rhe�sd Go�nsarvatirfn ciirc�tsse ar auttwr�ed rapra�ant�ue. i�r#a shafl qs a�itted as #Wt�ss 1. CdW��+repc3KS sbatt tia:subm�ted a� tat� th�n the fWfawittg deCas for the prececNr�g qwartas�: , , a} Janu�Y 31 �� ; - �3 �??�ly �1 d} �taber 39 2. °fhe c�uarkerly r+sporta BhuiP' inctud�. a) t�ns�gr�i�ir�Ppmt�taen�tudtMgs�imnfseddr�es;inc�m�tave4:f�fmik�size;rece;v�FreHs�tt�f�lyis(etrr8te- na�aed na : s�triees p��; errd, whether arry�a+Ae in ene tarnity ts.elderh,� ar har�capped: errd' F�) An��ftu�ofitn�prog��s�m�tishmerdss;Probl�s�ea�emsimpaet�/M�eaeN�ev�netiti,f#ieprag�ram`s ��ndiab�as d�ing ti� r�st�taKae; a�d. snoutput and mdcxrme repatt. Tn� ou4puE �pat s3,an Mcft+t3e � �� datd� ht��a#�, tuz�asG�g rekmi5[kitaiirm end publirs fae�iti�s Imprnv�rtiera�. 1Yae o�tcetr�a repa� ��pGt�Ki� tmmprwv�! af�rrd� '�u#�r7� ss�lces; ilnpr�red fi�w� r.�+d�QP�s ��r1 �'r��. mae�fi�oa or k � v�ie�CZ�R�n #oina+�aoQ bef�ty, se�biMY, r�+qw��y �the ls�using'un�a, anrcl �ncaea�d azc�s� to a p�t� i tac�lilg Atue h� ita �ar�ton �sr a�est� srE narv �e�ea< 3. TNreannuslCaaKwrksl�lir�ladeac�o�dtyimpa�i ti�nograptr�fiMar+trdtlart�nd�lirrer�i�t�qrt. TQ1WN e}islt aubmit t� anntt�! ��art �� taf� �an Jen�ary �1 ,�C!'(4. �, 1M8K�ait c�!tt1P14At� wkh N�s "CC}WN'6 QerliflesNOn contakratl in Ex1tibH C arui the IrNergova[r�merrtal G�tive /�raaan�f balwe�� Pim� Cour�ty arri3 Tc�n af FA�ans far th� tMntmuntty 6evelaP��[ Black C�tant Prpgram and ti�3ME Investm� P�rbr�ip Prp�n cAnlait�ad in E'�tibk p. N. Enipicj+ sult�ble trair�d a� skiiN� pereor�i to p�r)oim �I aeevices caE�r tlus tt3A, , 1, B� the'le�a��t�y r�apdt�il3te ft» ap8r�tin� 6utd rt�eini�iiti�ng tMe Prolec�s ttl b9 devsioP�d a� �cril� in Projed �4lmmaty �Xhibit'A, �. Firt�ticing. T1lis is a eoat rairtibat9etnettt #(3A� In r,prrsid�tekitm aflhs a�rvices in N�is 9GA, C.UUt�t'tYageee� hf aePml�urae T'4+fUN in an �mourrt r+p[ to er�r.ueG �O;t�O,CM�; A. �pa�: ' A�r�i6tr�ti�a�i �1�S.0C�ddQ' { Nturne Rel'� $�6�t��, ' C., �tem�t pro�ram G�Cd�a�tpt ��,4�.4� ? GaWnis�M6�r.ho�c� ��nr� Pr+ugr�r» �oocdlraaECtr itQ,�.t�i ' ; Q.w?risr-0%sca�eel Ha�r�ngP�+ahabNNactEorr �2�.S�.Ut}' � 9� tf:�i �fiQU�k af �a tC^i�r ia �Q,,QQ,��44 a�s�.ams � zn, aoae , � � RegufaEGounGl MeeNng - dacember 18, 2012 - Page 22 of 163 . � C. PaymeMs: 1. Payments will not exceed the amount allocatetl tor this project by HUD under the Community Deveiopment Block Grant Program administered by COUNTY. The tallowing canditions shall apply: a. All of TOWN'S drawdowns for the payment of eligible expenses shalt be made against the line item budget speafied Paragraph A above. Expenses for general administration shall also be paid against the lirie item budget specifted Paragraph A above. b. Request for reimbursement shall inGutle all ciaims and invoices ot every kind anQ nature against COUNTY, arising under this IGA or any provision thereot. � c. TOWNshallsubmitmonthlyrequastsforreimbursementnomorethan30celendardayafollowingMeernioteach morNh except requests for paymeM for expenses occurring in May must be suhmitted by June 15; and expenses accurring in June must be submiHed prior to Juty 7. d. All requeats for payments shall be on the form set forth in Exhibit E. Each monthly request for payment shall include: � � i. A monthly payroll joumal that documants TOWN'S expenses for salaries and benefits associated with this IGA and distinguish tlifferent funtling sources. ii. Copies of all receipts and checks (froM and back) and general tedger to support all purchased goads or services. 2: TOWN shall also submit time sheets for pereonnel associated with this IGA to COUNTY an a quarterly basis: The time sheets ahould show the days and hours worked for all programs and should be signed by the employee and their supervisor. CpUNTY ahall determine and notity TOWN when to submit the quarterly time sheets. � .. D All requests to modiry the current flscal year budget line item amounts shall be on the form set forth in Exhibit F. TOWN must limit requested modificetion of line items to 10% of the total IGA amount. Any requests to modiy the current fiscal year budget Bne item amounts must tie submitted to COUNTY and must: Include invoicea for the �equested change; ii. Be for expenditures made within 30 days of the date of the request; and iii. Be submitted on or before July�7. � E. If TOWN requests payment for invaced bills, rather than a reimbursement, TOWN must submit �ridence that the invoiced bili was paid by TOWN within (30) thirty calendar days. Future paymeMs to TOWN may be withheld untll this eWdence of psyment ie received and approved by COUNTY. F. PaymeM by COUNTY will genera�ly occur thirry (30) days from the date the submission is received by Pima County Finance Department TOWN ahould budqet their cash needs accordingly. G TOWN may not be entitled�to,. and may fodeit, payment of expenses not submitted to COUNTY as follows: 1. More than (60) days after the end of the month in which e�enses were incurced imthe montbs of October through March; 2. After June 15 for expenses incurred in Aprii and May; 3. No later than July 6 for expenses incuri'ed in June to meet COUNTY'S fiscal year-end requirements; . 4. More than si�Ay (60) days for expenses incurred in July through November; and 5. After January 31; 2014 for expenses incurred in December. H. Payment reCefved by TOWN shall be� reconciled with aclual costs incurred by TOWN either before the final payment is made under this IGA or through a subsequent audit atter final payment. If payment received exceeds actual costs COUNTY shall, at its sWe disaretion, determine whether k wili require TOWN to: ' t. Refund to COUNTY the excess amouM received. TOWN shall retund the exoess amounl received to COUNN within thirty (30) days of receipt ot the requeat from COUNTY; or, Aevised June 10, 2008 � Regular CouncN Meering - December 18, 2012 - Page 23 of 16S 2. Provide, for no additlonal reimbursement, additionaF unks of IGA services during the fal�owing IGA term, if any. Such additional uNts of service mus! be provided in a number equal to the excess amaunt received by TOWN divided by the unit fee in effed at the 6me the excess funds were provided to TOWN. To the extent permitted by HUD regulaUons, TOWN may be paid tor planning and administratlon activitles occurNng aker July 1, 2012. All planning and administration eoats not used by the end of the rrext fiscal year, June 30, 2013, shall bC forfeited. J. For the period or record retention required under Sedion 20 CQUNTY [eserves the right to ques6on any payment made under this Sedion and to require reimburaements therefare by setoff or othenvise for paymerrts determined to be improper or coMrary to the IC,A or law. � 4. Term... . � This IGA shall be effeIXive on October t. 2012 and shall terminate on December 31. 2013 uniess soaner terminated or turther exfended pursuaM to the provisions of thia lGA. This IGA upon mutual consent of the parties may be extended to� a perfod of time not ta exceed two (2) additional one-year periods. Any modification or time eMenaion of this IGA shall comply with Me modifications provisions conteined ia Exhibit B. 5. Terminatlon of 16A for Defauh. A. Upon a failure by TOWN to cure a defauft under this IGA within 10 days of receipt of notice from COUNTY of the default, COUNTY mey, in Ns aole discretion, terminate this IGA for defauN by written notice to TOWN. In this event, COUNTY may take over the work and complete ft by cwntract pr otheiwise. In such event, TOWN shall be liable for any damage to the GOUNTY resultlng from TOWN'S defauN, induding any increased costs incurred by COVNTY in campleting the work. B. The occurrence of any of the tollowing; without limitation to the named events, shall consMute an event Of detauft: 1. Abandonment of or failure by TOWN to observe, perform or compty with any mateHal term, covenant, agreement or condition of this IGA, or to prosecute the work or any separable part thereof with the diligence that will insure completion within die time specified in this contrad, including any exlension, or a failure to complete the work (ar the separable part of the work) within the specifled time; 2. Persistent o� repeated refusal or failure to supply atlequate staH, resources or diredion to perform the work on schedule or at an acceptab�e level of quality; 3. Refusal or failure to remedy defective or deficient work within a reasonab�e t(me; 4. Loss of professianal registretion or tiusirress or other requiredJicense or authority, or any curfafiment or cessation for any reason oi business or business operations that would substantiatly impair or preclude TOWN'S pertormance of this IGA; 5. Dfsregard of �aws, ordinances, or the instructions of COUNTY or its repreaentatives, or any othenxise substanNal violation of any provision of the contract; 6. Performance of work hereunder by personnel that are not qualified or pertnitted under state law or locel law to perform suc� services; 7. Commission of any act af freud, misrepresentation, wiltful misconduct, m intentfonal breach of any provisfon of thfs IGA; or 8. If a voluntary or involuntary action fot bankruptcy is commenced with reapect to TOWN, or TOWN becomes insolvent, makes a general assignment for the kenefit of creditors, or has a receiver or liquidator appoirtted in respect of its assets. C. In the eveM af a terminalion for default 1. All finished and unfinished drawings, spacifications, documents, data, studies, surveys, drawinga, phntographs, reports and otber information In whatever form, including electronic, acquired or prepared by TOWN for this project shatl become COUNTY'S properry and shall be delivered to COUNTY not �ater than five (5) buslness deys after the effective date of ihe termination; � � . . � � �. 2. COUNTY may withhold payments to TOWN arising under this or any other IGA for the purpose of set-off until such dme as the exact amount of damage due COUNTY irom TOWN is determined; and Revi9ed Juae 10, zoob � . . 4 , Reguler Council Meeting - December 18, 2012 - Page 24 of 783 �� 3. Sub�ect to the immediately preceding subparagraph (2), COUNTI"S liabiflry to TOWN shall not exceed the IGA value of work satisfactorily performed prior ro the date of termination for which payment has not been prevfously made. D. The IGA will not be terminated for default nor the TOWN chargetl with damages under this ArGcle, if— (t) Ezcepting itam (8) in paragraph B above, the event of default or delay in completing the work arises from unforeseeable causes beyond the control and without the fautt'or negligence of TOWN. Examples of such causesindude— . � (i) Acts of God or of the public enemy, (ii) Acts otthe COUNTY fn either its sovereign or conVaetual capaGty, (iii) Acts of another Contrador in the performence of a contract with the COUNTY, (iv) Fires, (v) Floods, . (vi) Epidamics, � � (vii) �uaraMine resMictions, - . � (viii) Shikes, . � � . (ixj Freight embargoes, � (x) Unusually severe weather, or (xi) Delays of subcontractors at any tier arising from unforeseeable causes beyond the control and without the fauft or negiigence of both TOWN and the subcontractor(s); and (2) The'IWON, within seven (7) days from the beginning of any event of defauk or delay (uniess extended by COUNTY), notifies the COUNTY in writing of the cause(s) therefoc In this circumstance, the COUNTY shall ascertain the facts and the extent of the resuking delay. If, in tbe reasonabie judgment of COUNTY, the findings warrant such action, the time for compleHng the work may be eMended. E. For the purpoaes of paragraph A above, "receipt of notice' ehall include receipt by hand by TOWN'S projea manager, by facsimile transmission with notice of receipt, or under the Notices clause of this IGA. • If, aRer termination of the IGA for default, it is determined that the TWON was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as 'rf the termination had been issued for the convenience of the COUNTY. G. The rights and remedies of COUNTY in this Article are cumulative and in addftion to any other rights and remedies provided by law or under this IGA 6. Termination for Convenience. A. COUNTY reserves the right to terminate lhis IGA at any time and without cause by serving upon TOWN 30 days advance written notice of such inteM to terminate. In the event of such terminatfon, the COUNTY'S odly obligation to , TOWN shall be payment tor services rendered prior to the date ot terminaUan. B. Notwithstanding Paragraph A above, if any etate or tederal grar�t monies used to pay for pertormance under this IGA are either reduced or withdrawn, COUNTY shall have the right to either reduce the services to be provided and the total dollar amaunt payable under this IGA or terminate the IGA. To the extent possible, COUNTY will endeavor to provide fifteen (15) days wdtten notice of such redudion or terminatlon. In the event of a reduction in the amouM payable, COUNTY shall not be Aable to TOWN for mare than the reduced amount. ln the event oTa termination under this paragraph, COUNTY'S only ' o4Ngation to TOWN shall be payment for services rendered prior to the date oftermination ro the extent that grant tunds are available. ' C. NoNMbstanding any other provisfon in this IGA; this IGA may be terminated if for any reason, ttiere are not su�dent appropriated and available manies for the purpose of maintaining COUNTY or other public entity obligations under this ' IGA. In the event of such termination, COUNTY shall have no further obiigatfon to TOWN, other than to pay for services , rendered prior to termination. 7. Disposal of Property. Upon the termination of this IGA, ali property involved shali revert back to tbe owner. Termination afiall not relieve any party irom liabilitles or costs atready incurced under this IGA, nor affect any ownership of property purs�ant to IGA. 8. IndemnificaHon. Each party (as Indemnkor) agrees to indemnify, defend and hold harmiess the othe� party (as Indemnhee) trom and against any and all claims, losses, liability, costs or expenses (including reasonable attomey's fees) (hereinafter collectivety referced to as "daims") arising out of bodily h�jury of any person {induding tleath) or properry damage, but only to the extent that such claims which result in Reviaed June�lo, 2008 Repular Counci) Meeling - December 78, 2012 • Page 25 oi 183 Wc�ritsuetd�riu�#�va �ti�itp td Ci� Irtdemn9tee. �re t�us�d py iY� ��, t�»3ss�, �gN9e�i�e, �c�� rt�itkaer f�wt of the lndemn�er, � ��a �� e�!?p�N�s, or va�nte�ra: 8, Cpir��iai� with i.aws, Tt� PattlB�c�ttall CiNn�plYwlkh atl4ed�'aa9, stata, at�[ Wt�l Fmxs, ru�, eeguiefkrns. �Sald�tds and �z2cufivs Cirders, uti#taut (�k�lfots to iktpS�a des' v�n thie f�A. 1 he l� dnd r�7�%i4ns af th�.$4�te af Ari�mra �hali gavarrt th� rigPats of ihe p��s. tN� p�KPrsMM�ance of this lQr�� nd ar�y ?�u+n�tnde�, �� (fpn ta thF� iG/� sPra11 be hrougl� in �t dy�izs+na �n In Pitna �taaunly; 99. Nw�C�i�arPanfi�a#iuer. r£?wFl agre�s to c�y wiqa �q �uisis� aftd req�K�nertta of Arizc�na;, ��aaatt,re Ard�r 2aa�-4s �gl_t�Ijp�a naw ds�mm of an ' � �acect�ivaQrde�2tlp9-098ttpe�89r�E:�er�utiu9�C�48�€i� � � � E�c�iv� C3rder 7�n end ms�+ b� uPewed �ct cbumloetl��t UYe Ge3x+��wa' oTthe Stais o# Arp�on�'s +X�ek�Sita �� 6tl, R�< �oi��. �,Erat, di#;apilitp ar nati�mal arigin:; 11, A�A: A. T�?WNSNa��mplywi�rai[ap�au�bieF�rs�iar�bof�Am�srtt3�nr�hCfiis�Dil't/i�/��i'u6�cl.sm�tt�l��k.'U.S,C,1J„ipt-1�1S��rd �� aA �p�l1�#Ap�l��l�i�, �5fl4�I�l�Yi� u#M��t� A�t, i�Ff�if7g'#$ (7F"�2 P�8 �i and �. �. if't{AWP1Ss�sattlagpv�Yt1n1�1kpYS�pr�rttYN`aerr�c�rnrs#seahallc�ft:{31.IN°I'Y.#�n'PQYU1+fstra�rxrnCht�nau�x�t6iHty&s��x�g[etnto tF� �auci�� d��'f1A�Wr�lf� k�as#�i�ad i�f CQUNIY 1lt+del �#C�`�'# Se�ior�s3�.9�; �6,433, 95.149 GYrdU{�h"dfi9.4b� 3S 7'�i7. �,5,1�1, �i 8�..1�; F�Aura �r do st� a�d r�sc�t in tho temsfr�ntian af thia t�aA. 1`2, �aabl�tlt�. ff ariy �avi�br3 4f tP�.It�A. or �nY �qlicaY�n #fisX�[tsa the p�riiss 4r arry'persvra ar dreumstnnc;e�, �s M�IQ im�d&!, �radF invsl&�ty eAal! mit afiact o�ter prosh��s ae a�t(e�tions at this !�A +a�ak� ca� #e givert ef�q, vyi� #t� itn+�kt �trlsit�n rar apptiC�tir�n atid to 1Ni� entl tt� ' prov%41ons �7dth98IGR � � f4 Be sart�t�:: 1�. �anfi€ct oF tr� : 7hts ttiR is guhJectYq r:�n��an #ora�ttfltet crf �1�sepurata��t Y�A.#t.�, � 88-511, #i9�t+�rtt �rouisi�tw tsf wttidl ��ts�eC hereY� by rer��e. 1a, ttat��Apprc�rtadan. hlahaiNta�rtdin� a� o�er prc�vi�nl �Z thia �: tt�s (C�t rr�y � t+a�rrn�f� if #or �try reaswr, t!� are nae sa�aker� ap�r3akad ��s4 avati84�tB mdnisS fot' �te R��f�e csf tn�ir�la9nv��m (�, tt}'#he ev�tt af sr� cencalialfon, �1Rff� ah�i l�ve t�o h�rtY?� ob�gati4n� � '� ; 7"tlY41l1, ot�er dt�rt fpt � Cf settriCeB � pi� tcM r�nC�kPnn„. 4i�, I,.�gakAutdw�.,. � � � �, �. �Alat#�r ry��tartts t� ��3�t i� i� authori# �u enter'7r�tp Ihiel�, #"a �urt '�tt khe rt�C� bf a thh99ra! �e�'ih� �hhqWi�d dpe[�re thpt eithe+ t.�rCy � eutnar�7rtceM�r inW this I�t, pr ��r �art�it� Uaer� � t�,3A. oT'{�tts9��kat�ft� �r �ch t»�i', sh�l r�A �! v�i �no ree4Yer� rn�y b� h�d hy eithet p�tty a�ain� {he �er kat (aek of perWrmertu�-�x' �iun�i�. ` 18. VMaMlter"s Ce�npme�aoNc�n, �acri PaHY sfiaq compty witM thm nati� t�f �.it:S. � 23-1tt22��3, Fa t�f �.R.�i. § 23�1t�222, �ad� parly shail be eonsidered iho prHnecX 84YtploX� CL 8I1 p�tr�,eNtlr�el aNt815fIy OF �ttP�ayed b�t that psnYe ��sPa�kfi�Q 4f d3e 6pCr8titins Cl FIIffOtOCD1 kf plac@� eu�# $p�tl p�y �Aii t�ue U�� te � r��A3b3ti�' f4�+'the pa�Fmeni of �rlcer'a G�+nPens�#on taene�s a� p#�� f�� b�»efits c+f caid �tp�y�. 17a Na 1aPM Ve�+tu% k�S r�t'd� n3s tM� tc,A �r, �nu �g canttdn�d �s tl�s K4A st�il he e�nsm+edro. r,raate ar�7r parE�m�h1p�,ldnt,rmnu,eearemplr,yrnar,t reiabc�sk,i� t�e ar crs� �ng smploy�r-emp� rsr�onsnip batqreen cc??urarv �aa erryr TQWW � rn°�, Tt)Wht�rWaray�64P�5'emDb�s. N�ilh�parr��tb�liebfafw�raYdept�,�c�aunte�ablipatior�sarc�liab#IiGeaathat�o�v�r�tt�s �erE dns�}ir�d 4r,�� Nsnitatl+an� ��part�?# a�gat�n #x wtttaEu� �aI &ee�ri�! and incaFn� ia�cq� WP itaafl a anY af i� , �v#� � zo,. �o�s � ;: Regular Council Meeting • Decem6er t8, 2012 - Page 26 of 168 . � �� 18. No Third Party Beneficiaries. Nothing in the provisions of this IGA is intended to create duties or obligatio�s to or rights in third parties not parties to this IGA or eHect the legel Iiabiliry ot either party to the IGA by imposing any standard of care different irom the standard of care imposed by law. 19. Notica Any notice required or permilted. to be given under thia lGA ahall be in wdting and shall be servedby dalivery or by ceAified mail upon the other party as follows: � � � COUNTY: Margaret Kish, Dir�ctor Pima County Community Development and Neighborhood ConservationDepartment 2797 East Ajo Way, 3` Floor Tucson, AZ. 85713 20. Record Retention. TOWN Of MARANA: Etl Nonea, Town Mayor Town of Marana 11555 West Civic Center Drive Marana,AZ 85653 A. TOWN ahall keep and maintain ali records required by the Federa� regulations specified in 24 CFR 570.508, that are pertinent to the activities to be funded under this IGA, wh�h shall be open at all reasonable times for inspection and audit by duly authorized representative of COUNTY. Such recoMs shall include, but are not limited to: t. Racords providing a full description ot each activity taken; 2. Records demonshating that each acNvity undertaken meets one of the National Ohjectives of the CDBG program; 3. Records required to determine the eligibility of activitfes; , 4. Records required to documeM die acquisition, improvemeM, use or disposition of real property acquired or improved with CDBG assistance; 5. Records documen6ng compliance with the fair housing and equal opportunity components of the CDBG program; 6. Records documenting Environmental Review compliance: 7: RecoMs documenting scope oiwork, change order�, on-site inspedion and sign-off on rehabilftation work, including final inspectiorr, � � 8. Records of owner occupancy (property deed or land coMract); � � 9. Records of disbursements matle for completetl and approved work;. � 10. Financial recorda as required by 24 CFR 570.502 and 24 CFR 84.21-28; and 1 C Other records necessary to document compliance wRh Subpart K of 24 CFR Part 570. B. TOWN shall retain all financial records, supporting documents, statlstical rewrds, and all other records relating to this IGA tor a period of four (4) years hom the start of the retention periad or until any related-pending prceeeding or Iltigation has been closed, whiehever date is latec The retention period starts from the tlate ot submission of COUNTI^S annual performance and evaluaGOn repoA, as prescribed in 24 CFR 91.520, in whfch the speGfic activiry is reported on for the flna� time rather than from the date of submission of the Bnai expenditure report for the award. TOWN muat oomply with Section 570.508 "Records to be Maintained' of 4he Community Development Block Grant Program — Entitlement Grant Reg�la6ons. ' 21. Public irdortnatlon A. Pursuant to A.RS. § 39-121 et seq., and A.R.S. § 34-803(G) in the case of construction or Arohitectural and Engineedng services procured under A.R.S. Title 34, Chapter B, all informaGOn submHted in response to this solicitation, includfng, but not limited to, pricing, protluct specifications, work pians, and any supporting data becomea puWic intortnation and upon request, is subject to release andlor review tiy the general public induding competitors. B. Any records submitted in response to Mis solicilation that respondent believes constitute proprietary, trade aecret or othenuise confldendal information must be appropriately and prominently marked as CONFIDENTIAI by respondent prior to the close of the soliatation. C. Notwithstanding the above provisions, in the event records marked CONFIDENTIAL are requested for publicrelease pursuant to A.R.S. § 38-721 et seq., COUNN shall release recortls marked CONFIDENTIAL ten (10) business days atler the date of notice to the reapondenf ot the request fw reiease, untess respondent has, within the ten day period, secured a protective order, injundive relief or other appropriate order hom a court of competent judsd(ntion, enJoining the release of the recoMs. For the purposes oEthis paragraph, the day of the request for release ahall not be counted in the tfine calculallon. Respondent shail be notifled of any request for such release on the same day ot the requeat for puWic release or as soon thereafter as pradicable: D. COUNTY shall not, under any circumstances, be responsible for securing a protective order or other relietenJoining the release of records marked CONFIDENTIAL, nor sball COUNTY be in anY �Y finanaalty responsible for any costs assaciated with securing such an order. xeviaea aune io, zooa � Regular Couneil Meeting - Decamber 18�, 2012 �- Page 27 of 163. z�.. �u��Lrrv �o� �uueuc a�r��rrs,: ' Tt�1�I stsaA a�n�y vAtn appar�tt� pravis� af A.R,s, �9-501• a�ip 1-602 r�aarr+9irrg puWi� Fie„etits, +a+tiicn �ro n�r Incor�or�teu u� � provi�s af #�� IGA kd U�e esSE+�nt 3� prtiY�Wns. �re i�, 2�. 7 71DH P�ILE�E 7AX: , ' 7'CTU4fN s it�t� �ar��diat! �arivala� ar�d Wse G9Xes le�viad by th� Tt�4ltld �ei f}� l�na�t �haii l�,twntti6�1 ta tlr� ProJeGt ss a �� a1"fOVS7�1'�-a�re 4f d�� a� � tP;d t�, Tt�W�I s�N p�� r� t�t ��l� T1` �}# #+� R9�1 �� d�t N�s�+dn T �il�0e �m9 e.ne t�es cqN9et� E4Y 6ts TQWN th� Prqjeat e�nd R�F' �h� t�i atna�rt ai such taxe� �a t�ae �lftlTY in aecor�isr�e �kh riais l�: ' �t. �tttire A�Irde�sent ` , Th}� dKrr�um�tt cons�tutes the en�� 1C3�h b�lwe�� iN� �r�iea pert�ir�it�g tar d+� s�ebj�t� me�#b�r �ere�st, arn� afl p�r or crorttemp9�netNAs re�n:ts and u�t�t�dit�8, at� e�t wrfi�en, �r� �y dsd 8od tr�tg� hsr�ite 13sia i�A et� nc� � mAdi6gd. arr,8nd8cl, S� �ndi3d ea5�pf tlrr��h a�rri�ten emendm�nt s�r� bY �:t�rtiea acrei x�th ihae Pima f�amty R�card�'. (n i+�q�r� SNh�aF6ef, GBUM'fY i�t� �aU��d thf� Ih rNre�ntaf frg�srrrocsnt #a 0e �ecuk�d by tNie Chaittn�M cif 3!& BCaret t�t Sa�fvl�v�, upcan 6�NaUc�t �f th� 8tr�'d �td a14e8i�G #o by tl1� �letk ai ths 6c��r�9, and T�WM has caUSed fhis IMBtptsrremm�ttai Ag�m�rrt ta 6e ert�ded t� ths Niayae upqn re�csiWion trf � h14�ycsr �nd COUncii sn+� �f[�kRd f�r k+�r R1MA GOUNTY; < 7t1WM CfF i�4A�ANA: Cbatrmars« �c�srct ef Sup��visn�'s Me7�rpr ' pafe: �; pata:; , , f�7"�'�^aT A1"PE�T _..�..�. _ Gtertc. flt fhe 6aard To�na CI��k t7ate» Oai�� APPRtW AS 7CTC T Ky ' meM �nd N�h�rh�,i � atiw� t�ir;��r �. 'ft�ei�te�np �r�gat�r� Agrec+m�nt �ima t�raar#y �r�t'fQ�Nt� of r!�r�nan� � d pk,rau�M ea a.R.s, §t t- � 1ay th� t�n whe F+�v� �mr�ied �f it ia ih proper fonn �rut i� �tldl�its fh� pmyars a� �#h�r.��d c�r9det 4h� 1�n+s af #re s�tlke afAtizcn� � 1fas� � � �0 r��o�ame� � reF+ �'the +�1 ' n�, � ' �+UAA G04#NTY; T�VY� t� �A�Ai��: �� CQttr�+ ttora� T4ri� Attn€rtey tinte: '�L�.,:�,.. - C�at�s RkV.'L.8ID4,S� 7WYR3 .1p. :2Qb$� . ., . Regular Gouncil Meeting - Decert�er 18, 2012 - Page 28 of 783 � . j � EXHIBIT A PROJECT'3 SUMMARY See attached for each project: Administration Emergency Home Repair Graffiti Abatement Program Colonia-Neighborhaod Clean�p Program Owner-Occupied Housinq Rehabilitation Revised June 10, 2008 . � Regulpr Council Meeting - December 18, 2012 - Paga 29 of 163 9 �, r . ;'' ,� Pro,�ct (34�" � � � � c�wta Regular Cnunail Meetlng - Daoember 18, 2012 - Page 30 of 163 . �r�� (�a> z �r�a , , Regular Council Meeting • December 18, 2012 - Page 31 ot 183 � � '� � � � � ��...E;.�.�' Pr�alect (3�j 1 C�9P Reguler Council btaeting - December 18, 2012 - Page 32 of 163 � �. I a�a�e�¢ (�� Regular Coundl Meeting - December 18, 20t2 - Page 33 of 163 . cRr�� aro,jecr {35} x �� RSguler Council Meeting -. December 18, 2012 • Pege 34 of 783 " car�w ��n�� s� z c��P Reguler Co�cil Meeting • DecemDer 78, 2012 - Page 35 of 163 � � - . �� €; s Pro��pt �3�i} 1 �PR1F Regular Council Meeting • Decem6er 18, 2012 • Pege 36 of 183 � �-� � .. � � �: . �� , .", � �� 3��'.�� = i ��'�� # a �_ �rc,��cc {as} t Reguler 4ouncil Meeling • December 18, 2012 - Page 37 ot 183 crn� 0 Pr�j�ct ('�3) , 2 r:P&�iP Repular Council Meeting - December 18, 2012 - Page 39 of 183 -. � ...'....,, .. ... ��,'' ". � EXHIBIT B 3PECIAL AGENCY CONDITION3 A. Modfficadon 1) Modiflcations may be made to Mis IGA in accordance with the toilowing provisions: Z) All modiflcations shall be in writing and shall conform to applicable law, Federal and State regulations aod County policies and directives. Approval of modifications is at the sole discretion of Caunty. 3) Major modifications shali be by writlen amendment signed by both parties. Major modiflcations Include any which do the following: � � . � a) Change the purpose of the IGA; b) Increase or decrease the compensation provided for in the IGA; c) Change the term of the IGA; d) Change tbe scope or assurences of the IGA; e) Change any section of the IGA other than the Scope of Work or budget � Any change that is noi a minor modification as described below. � 4) Minor modificatians may be made by written memorandum approved and signed by the Director oi the Pima County Community Development and Neighbortrood Conaervation Department or authodzed represeMatNe to be etfeotive. Minor modifications are changes in the Scope af Work or budget that do not change the purpose or total compensaUon of this IGA and do not in any way increase the direct or indirect �iability of COUNTY under this IOA. B. Procurement of Goods and Services: TOWN is not the agent of CouMy for any purpose and shall not purchase any materials, equipment, or supplies on ihe credit of COUNTY. TOWN shall comply with OMB Circutar No. A-122, = Cost Principals for Non-Profit Organizatlons" (if Town fe a non-profd wrporation), OMB Circular No. A-110 and 24 CFR Part 84, "Uniform Administrative Requirements for Granta and Agreements wiih Instftutions ot Higher Educations, Hospitals, and other Non-Prot'rt Organizations. C. Monitoring and Evaluation: 1) COUNTY shall monitor all activities and information sources fn the management, flscal, and service systems of TOWN and any subcontrected parties, relating to performance of duties and obligations under this IGA, to assure that TOWN is maintaining adequate and acceptable progress and systems; and to ensure that the funds provided to TOWN by COUNTY � are being used� effectively and efficiently to accomplish the purposes for which tunds were made available. 2) TOWN shall provide payroll informaUOn consisting of source documentation that can include empbyment letters, authorizadons for rates of pay, benefits, and employee withholding, minutes from Board of Directors' meetings whare salary schedules and benefit packages are established, copies of written policies, W-4 forms irt conjunction with time and aUendance records. If an employee works soley on the CDBG funded services a statemeM to that efiect shouid beaipned by the applicable employee and supervisoc Such statement should be certified semi-annually. If an employee's time is split between CDBG and another funding source, TOWN must heve time dishibutlon records supporting the allocation of charges among the sources. 3) COUNTY in cooperation wRh TOWN shali evaluate products, servicee, and performance under the terms of this I(3A. Substandard performance as determirred by COUNTY will constitute noncompliance with ri�is IGA. If action to corred such substandard performance is not taken by TOWN within a reasonable periad ot time after being notified by COUNTY, contrect suspension or terminatlon procedures will be initiated. 4). TOWN shall asaist Cou�ty in providing to the U.S. DepaRment of Nousing and Urban DevelopmeM reports and other � communications relating to the performance and impact of the pro}eds, as described in the Projects Summary Appendix A. xeviaea aune io, zooe 10 Regular Council Meetmg • December 18, 2012 - Pape 40 of 185 D. Client Fees and Program Income: t) Any program income generated antl received by TOWN as a result of IGA services shall be kept by TOWN, used for the purpose of this IGA, antl reported ro County. �� 2) TOWN shall comply wfth Section 570.504 "Progrem Income", and Section 570.503 "Agreements with SubrecipieMS" of the Community Develapment Block Grant Program Entitlement Grant Regulatfons. E. Identification of Punding and Copyrights: � . . ' 1) AlI advertisemeMs, real property, publlcations, priMed and other materials which are produeed by TOWN and referto servkes funded uMer this IGA shall dearly athibute "PIMA COUNTV' and the CommuMry Devebpment Block Grant Program in the fWbwing suggested format: Funded by: Pima County and the Communky Development Block Grant Program 2) Referenoe to Pima Caunry shaU be displayed at least as prominenGy as other aedited funding sources. 3) TOWN shall not copyright any materials ar products devebped through IGA services or IGA expendltures without priwwrHten approval by COUNTY. Upon approval, the federal gavemment and Pima Counry sball have e non-exGusive and ircevacable license to reproduce, pubNsh or othenvise uae ar authorize the use of any copyrighted materiaL F. Nepotism 1) Agency shall not employ relatives in positions where one is in supervisory chain of the other, nor where one is in daity working contact wHh the othec � . �� a) 'Relative° mpans the spouse, dtild, child's child, parent, grendparerH, brother or sister of whole or half blaod or child of a apouse. b) County may gram temporary waiver of this pWicy where relative employment situation already exists at the time of execution of this IGA. G. Audit Requirements: 1} TOWN shalL• a) Eatablfsh and maintain a saparete and ident�eble accouM of all funds provided by CouMy pursuaM to this IC�A. b) Provide financial statement audits as required by law. ' c) Upon written notice from County provide a program-spedflc audit. Such notice from County will apecify the periad ro be covered by the audit and the deadline for completion and submission of the audk. d) Assure that any audit condueted pursuant to this IGA is performed by an independent certified public accountant and submitted to County within six (6) moaths of completion of TOWN'S fiscal year, uMess a different time is apecified by County. The audit submitted muat include TOWN responses, if any, concerNng any audit findings. e) Pay all costs for arry audit required or requested pursuant to thia Artide, unless the cost was spec�cally inGuded in TOWN'S budget approved by County and the cost is an allowable charge for payment under applicable law or regulation. Revi6ed June� 10; 2008 � 11 Reguler Gouncil Meeting - December 78, 2012 - Page 41 of 163 � . . � � Ttmely submit the required or requested audit(s) to: Dewey Coaper Community Development and Neighborhood Conservatlon Dept. 2797 East Ajo Way, 3` Floor Tucson, AZ 85713 2) ItTOWN is a"nonprofit corporation" that meets the definition of °corporation" in A.R.S. §10.3140, TOWN shall comply with the applicable audft requkements set forth in A.R.S. § 11-624. 3) TOWN is receiving federal funds under this IGA, and TOWN is a state or local govemment or non-profit organization, TOWN shalt provide an annual audit which complies with the requiremeMs of the most recent versbn of OMB Circular A-133, "AUdits of State and Local GovernmeMS and Non-Profit Organizations." . � � END OF SPECIAL AGENCY CONDITIONS [tevised aune 10, 2oos � � . 12 '�. Reguler Counci� Meetlng - December 18, 2012 • Page 42 of 183 EXHIBIT C TOWN'S CERTIFICATION TOWN hereby certifies k will compiy with: 1) HUD Community Development Block GraM Reguladons at 24 CFR PaR 570. 2) Title I of the Housing and Community Devebpment Act of 1974. 3) 24 CFI Part 85, "Uniform Administrative RequiremeMS for Grants and Cooperative Agreements to State and Local Govemments" (ff Agency is local govemment). 4) Tit1e V1 of the Civil Rights Act of 1964. 5) Section 109 of the Housing and Community Development Ad of 1974. 8) Euecudve Order 17246 - Equal Employment Opportunity. 7) Section 3 of the Housing and UNan Development Act of 1968. 8) Flood Disaster Protection Ad M 1973. 9) National EnvironmeM Policy Act of t969. SecGon 108 of ttie Natlonal Hisroric Preservation Ad of 1966, ExecuUve Order 11593. 10) Federal Labor Standards Provisions. t 1) OMB Circular A-133, "Audits at States and Lceal Govemments and Non-Proflt OrganizaUons". 12) OMB Circular A-122, "Cost Princapals tor Non-Proftt OrganizaGOns" (if agency is non-profit organization). � 13) . OMB Circular A-110and A-87. 14) A-21, "Cost Prinapals for Educatlonal Institutlons". 75) Subpart K of the Community Devebpment Block GraM Program Entitlement Regulatlona. 16) 570200(J) First Amendment Church/State Prinqples of the Canmunity Development Block Grant Program EMitlement Regulations. 17) 570.503(b)(8) Prohibition Against Religious Activities. 18) 5�0.503(b)(8) Reversion of Assets � Reviaed June 10, a006 Reguler Council Meeting - December 18, 2012 • Page 43 ot 183 I 13 EXHIBIT D Intergrnammental Cooperative AgreemeM between Pima County and Town ot Mara�a for the Community Development Block Grant Program and Home Investment Parinership Program See attached: Resolution No. 2010-140 Resolution No. 2010-54 IGA No.01-70-M-143070.0710 aev�sea .n,ne io, aooa ReguMr Council Meeting - December 78, 2012 • Page 44 of 163 14 RESOLUTION N0. 2010 — 140 RESOLUTION OP THE 80ARD OF SUPERVISORS OF PIMA COUNTY, ARIZONA AUTHORIZING EXECUTION OP AN INTERGOVERNMENTAL COOPEFiATNE AGREEMENT BETWEEN PIMA COUNTY AND THE TOWN OF MARANA FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND HOME INVESTMENT PARTNERSHIP PROGRP,M. WHEREAS, Counry and Town may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R.S: § 11-951, et seq.; and WHEREAS, it is necessary to enter into an Intergovernmentaf Cooperative Agreement in order to meet the requirements of the Housing and Community Development Act of 1974 and subsequent amendments; and WHEREAS, County and Town desire to engage in housing and community development activities as authorized under the Housing and Community Development Act of 1974 and subsequent amendments; and WNEREAS, County and Town do hereby find and determine ihat it is in the best interest of the residents of the unincorporated areas o! the County and of the Town of Marana that housing and community development activities be performed joinUy in accordance with the provisions of this Agreement and ihat the U.S. Department of Housing and Urban Development (HUD) recommends that expenditures of funds for each purpose be on an Urban County basis; and • WHEREAS, it is mutuaily beneficiai to each o( the parties hereto for the Counry to administer and execute the provisions of the Agreemert in accordance with the terms and conditions hereinaNer provided and subject to local ordinance and State and Federal law; THEREFORE 8E IT RESOIVED BY 7HE BOARD OF SUPERVISORS OF PIMA, COUNTY, ARIZONA, 2s,follows , 1. The Intergovernmentai Cooperative Agreement between Pima Counry and the Town of Marana for the Community Development Block Grant Program and Home Investment Partnership Program is hereby approved; and 2. The Chairman of the Board of Supervisors is hereby instructed and authorized to sign the Intergovernmental Cooperative Agreement for the Pima County Board of Supervisors. PASSED A OPTED TNIS DAY OF ��°lY , 2Q10 PI Y{A B P ic orp ATTEST C irman, Board oE Supervisor Clerk of the Boarci .luly 6, 2010 APPROVED ASTO FORM: .�_[-�a.¢.`---- ty County Atiorney Reguler Council Meeting - December 18, 2012 - Page 45 of 163 MARANA RESOLUTION NO. 2010-54 RELATING TO COMMUNITY DEVELOPMENT; APPROVIIJG AND AUTHORIZING FULL , EXECUTION OF AN 1GA ' WITH PIMA COUN"fX FOR COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP RENEWAL THROUGH JUNE 30, 2013 WHEREAS, the Town of Muana recoguizes the need to pro'vide safe and affordable housing, neighbor600d infraswcture, and parks for its citizem Uuough the use of Community Development Block Grant (CDBG) �nd HOME Progam funding; and WHEREAS, Pima C,ounty serves as the sperosming agency for distribution of CDBG and HOME Progam funding under HUD's Housing and Community Development Act of 1974 for, distribution of Federal funding to an Urban County; and WHEREAS, the Town of Mazana finds that it is in the best interes� of its residents to cnter into an aga�ent with Pima County to develop adivities jointly in accordance with U.S. Department of Housing Urban and Developraent (HUD) guidelines and protocols; and WHEREAS, it is necessary for Town of Marana the to enter into this Intergovemmental Cooperative Agreement with Pima County as the sponsoring agency to meet the requirements of HUD's Housing and Commnnity Development Act of 1974. • NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Contract between the Town of Marana and Pima County is herby approved and the Mayor is herby authorized to execute it for and on behalf of the Town of Marana. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this i 5 day of June, 20I0. � ,` ��OF itI/j ��,� i� �i�y Mayor Honea 3 ��O � � SF,�jj, 3 ATTEST: � � '�� i111�� ocel . Bronson, Town Clerk APPROVED AS TO FORM: / � - G� f Z?' j F Ca idy, Town A mey ! Reguler Council. Meeting - OecemDer 18, 2012 • Page 48 of 183 CONTR � N0. D/ 90• •/�/�o9a•07/ AMENDMEN7N0. Intergovernmentei Cooperative Agree sn� numeer musi appear on au between invoices, correspondence and Pima County and Town of Marana doaments pertaining to lhis for the tontrect. Communiry Development Block Grant Program and Home InvestmeM Partnership Program This Intergovernmentai Coaperative Agreement made and entered into this _ day af 201fl, by and between the Courtty �f Pima, a body pol+6c and corporate of the State of Arizona, hereinafter referred to as "County," arxi the Town of Marana, a municipal corporation of the State of Arizona; located within the boundaries of the County of Pima, hereinafter referred to as "Town." RECI7ALS A. WHEREAS Count� and Town may conVact for services and enter into agreements with one anotFier for joint or cooperative action pursuant to A.R.S. § 11-951, et seq. � B. WHEREAS it is necessary to enter into a Cooperative Agreement in order to meet the requirements of the Ho�sing and Communiry Development Act of 1974 and subsequent amendments. C. WHEREAS County and Town are individually auttarized by law to engage in housing and community development activities. D. WHEREAS County and Town do hereby find and determine that.iFis in the best interest of the residents of the unincorporated areas of the County and the Town that housing and communify development activities be pertormed jointly in accordance with the provisions of this Agreement and that the U.S. Department of Housing and Urban Development recommerrds that expendftures of funds for such purpose be oman Urban County basis. E. WHEREAS it is mutualty beneficial to each of ihe parties hereto for County to administer and execuie the provisions of this Agreemeni and the, provisions of the Agreement for Management and ImplementaGon of the GDBG Program a�d HOME Program Agreements entered into by the parties, which Agreements are hereby incorporated by reference as if fuily setforth herein, in accordance with the terms and conditions hereinafter provided and subject to local oMinance and State and Federal law. NOW, THEREFORE, County and Town, pursuant to the above, and in consideration of the matters and things hereinafter set forth, do mutualty agrees as tollows: t. Pima County, as an Urban County, is hereby designated as the sponsoring agency to administer and implement the plan and program for housing and community development ' activities for each of the participating parties to this Agreement En accordance with the provisions oi the Housing and Community Development Act of 1974 anA subsequent amendments, the laws of the State of Arizona, and the ierms and corxlitions provided ' herein. in fhis respect, ihe Town agrees that the County is hereby delegated the power to plan and underiake communiry development projects within its jurisdiction and will have Regular Councl MeeHng - December 18, 2072 • Page 47 of 183 � the final responsibility for selecting all CpBG and HOME projects in accordance with the approved CommunRy Development and Housing Consolidated Plan pursuant to 24 CFR Part 9L 2. It is understood and agreed that the Cour�ty as the Grantee is to take the fina( responsibility and to assume a!i the obiigations ot applicant for assistance under the provisions of said Housing and Community Development Act of 1974 and subsequent amendments, the three-year certifications as required by HUD, subject to change in legislatiori or regulations and the Consolidated Plan. , ' 3. The County and Town agree to cooperate to undeRake, or assist in undertaking, community renewal and lower income housing assistance activities, specifically urban renewal and publiciy assisted housing. 4. The Counry and Town do not have the power to veto or othervvise restrict or withhold the supporl given by the County or the Town to the activities proposed in the Consotidated P�an for any program year covered by this Agreement. !� the event that any participating member entlty does not compty with a federal prerequisite in order for funds to be expended in such area, then said entity's share shall be expended within all or any portion of the area served by the member entities who qualify under the provisions of said Act. 5. It is understood that in order to qualify for funds under the Housing and CommunNy Development Act of 19�4 and subsequent amendments, it is necessary that a Consolidated Plan be submitted to and approved by the .United States Department of Housing and Urban Development. All parties hereto agree to abide by the terms and conditions of an approved Gonsolidated Plan for housing and community development activities as submitted to the Department of Housingand Urban Development. Upon executing the Agreement tfie Town agrees not to apply for CDBG funds from the State of Arizona Smali Cities Program, and may noi participate in a HOME consortium except through the Urban Counry duri� the period in which it is participating in the Urban County's CDBG Program. Nothing herein shall be construed as limfting in any manner the powers of any of the respective parties io initiate and complete a local project withirs their respecYive jurisdiCtion with their own funds. 6. The t„�t day of Julv 2010 , shall be the effective date of Agreement, and remain in force for three years. This Agreement covers CDBG and HOME Program iunding for Feclerai Fiscal years 201 t, 2012, and 2013. 7his Agreement may be amended to extend the term of Agreement in order to complete activities funded but not completed, or to expend program income received during the three years covered by this Agreemenl. The Town and the County recognize that the County shall be the grnernmental eMity required to execute any graM agreement received pursuant to Consolidated Pian, and that tAe County shall thereby become responsible thereunder for the proper pertormance of the pian and program. The Town agrees that ft shali fully cooperate with the County in atl eHorts hereunder and that they wi0 assist in doirtg any arni ail things required or appropriate to comply with the provisions of any grant agreement received by the County pursuant to the Act and its regulatior�s. Regular Councll Meeti� • December 78, 2012 - Page 48 of 183 8. All records of the County or Town related to this Consolidated Plan and any projects undertaken pursuant thereto shall upon reasonable notiCe, be available for inspection by HUD, County, and/or Town auditors, during normal business hours. 9. This IMergovernmental Gooperative Agreement shaN be binding upon the parties hereto, their successors and assignees. Any assignmeM of Agreemenf shall be void without the consent ot the other party. 10. � Pursuant to the primary objective of Title I of the Housing and Community Development Act of 1974, the parties hereby agree to direct their Community Development Bbck Grarrt a�d HOME Program resources toward the development of viable urban communfties, by - providing decent housing and a suitable living environment and expanding economic opportundies; principalty for persons of low- and moderate-income. 11. County and Town will take all required actions necessary to compiy with the Urban Counry's Cert�cation required by Section 104{b) of TiNe I of the Housing and Communky Development Act of 1974, as amended, inc�uding 7itle VI ot the Civii Rights Act of 1964, ' the Fair Housing Acl, section 109 of Title I of the Housing a�d Community Development Act of 1974 and other applicable laws. CouMy 5hall not fund Town if the Town does not affirmatively further fair housing within its own jurisdiction. County and Tow� agree to �rmatively further fair housing within County and Town. Town shalt take np actions to impede the CouMys actions to comply wfth County fair housing certification. 12. County and Town have adopted and are enforcing policy prohibiting the use ot excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in npn-violeM avil rigMs demonstra6ons; and A policy of entorcirig applicabie State and local laws against physicaliy barcing entrance to or exit from a facility or location which is the su6ject of such non-violent civil rights demonstrations within its jurisdiction. 13. 7he parties agree that a fufly executed amerximent or amendments to this Agreement shall be entered into as required or necessary to implement a detailed and formuiated plan and program as contemplated hereunder or tor the purpose of complying with any grant agreement received or the regulations issued pursuant to the Act. Failure by either party to adopt a� Amendmerrt to this Agreement incorporating all changes necessary to meet the requiremeMs for cooperation Agreements set forth in the Urban County Qualification Notice applicable for the year in which the ne�ct qualification of the Urban County is scheduted shail aufomatically terminate this Agreement folbwing the expenditure of all Community Development Bbdc Grant and HOME funds allocated for use in the Town's jurisdicfion. 14. Pursuant to 24 CFR 570.501(C), the Town is subject to the same requirements applicable to subrecipients, inctuding the requirement for a written Agreernent set forth in 24 GFR 570.503. RegWar Council MeeUng -Aecember 18�, 2012 - Page 48 of 183 15. The County, as the COBG grant recipient forthe urban county has full responsibility for the execution of the community development program, for following its Consolidated Plan, and for meeting the requirements of other applicable laws (e.g., National Environmentai Policy Act, Uniform Relocation Act, Fair Housing Act, Title VI of the Civil Rights Act ot 1964, Sec. 504 of the Rehabilitation Act af 1973, Sec. 109 of the Housing and Community Development Act of 1974, the Americans with Disabilities Act of 1990, and for affirmatively furthering fair housing). County shall tae held accountable for the accompiishment M the community development program, for following the Consolidated Plan, and for ensuring that adions necessary for such accomplishment are taken by Town. 16. 7he parties acknowledge that A.f2.S. § 38•511 requires that notice of A.R.S. § 38-511 must be included in every contract of a political subdivision of the State of Arizona and that both parties must compiy with all provisions and requirements of Arizona Executive Order 2009-09 includinq flow down of ali provisions and requiremertts to anv subcontractors. Executive Ortler 2009-09 supersedes Executive order 99-4 and amends Executive order 75-5 and may be viewed and downloaded at the Govemor of the State ot Arizona's website http:/hvww.azaovernor.aovldmsluqioad/EO 2009 09.qdf which is hereby incorporated into this A�teement as d set forth in full herein. During the performance of this Agreement, the parties shali not discriminate against any employee, client or any other individual in any way because of that person's age, race, creed, color, religion, sex, disability or national origin. REMAiNDER OF PAGE INTENTIONALLY �EFT BLANK Regular Counoil Meeling • December 18, 2012 - Page 50 of 183 IN WITNESS WHEREOF, the parties hereto have caused this Cooperative AgreemeM to be executedthe 6ch dayof � 2070. PIMA COU B D VI RS TOWN OF MARAN � � � Ch ' a, Boa�d of S ervisors Mayor July b, 201,0 � ATTEST: CI e� of Supe�� Town Clerk REVIEWED BY: f �� .4�Cir'v` °" Director, Community Developmenf & Neighborhood Conservation Department Pursuant to A.R.S. § 11•952, the undersigned, Pima County's legal counsel has determined that the above Agreement is in proper form and is within the powers and authority granted under the laws of tne State of Arizona to Pima County. Karen Friar Typed Name of Legal Counsel �l26�! .. Sig atu of legal Counsel Regular CouncA Meeting -December 18, 2012 • Page 51 of 183 Pursuant to A.R.S. § 11-952, the undersigned, Town of Marana's legal counsei has determined that the above agreement is in proper torm and is within tne powers and authorNy granted under the taws of the State of Arizoria to Ihe Town of Marana F_Id+hc. C4 S S tG� Typed Name of legal ounsel � 7 ` " ,/'• ��-,�-•:y' gnatu e f Legai Cou 1 �� i:: � ;: . OPINION OF DEPUTY COUNTY ATTORNEY INTERGOVERMENTAL COOPERATIVE AGRELMENT BETWEEN PIMA COUNTY AND TOWN OF MARANA FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND HOME INVESTMENT PARTNERSHIP PROGRAM I am an Attomey at Law admitted to practice in the State of Arizona and a duly appointed Deputy County Attorney for 4he County of Pima. 1 have ex2mined the lntergovemmental Cooperative Agreement between Pima County and the Town of Marana (or the Community Development Block Grant Program and Home Investment Partnership Program entered into by and between the County of Pima and the Town of Marana, pursuant to Title •i of the Housing and Community Development Act of 1974, and i am of ihe opinion that the Agreement has been duly authorized by the Board crf Supervisors of the County of Pima in accordance with State and focal legai requirements. I am tuRher of the opinion that the names a�d provisions of the agreement are authorized under state antl local law and that Pima County is authorized to enter into this agreement pursuant to state and local law. To the best of my knowledge, there is no pending or threatened liiigation affecting the implementation of the Cooperation Agreement or the ability Gf the County of Pima to be the applitant for funding as a Urban County under Tdle I of the Housing and Community De'velopment Ad of 1974, as amended /(Gr//�� `� �.i�e ) D yt� County Attorney Civil Division Regular Council Meeting - December 78, 2072 - Page 52 oi 183 � EXHI8IT E PIMA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FY2012-2013 CONTRACT # TOWN OF MARANA ADMINISTRATION, EMERGENCY HOME REPAIR, GRAFFITI ABATEMENT PROGRAM, COLONIA NEIGHBORHOOD CLEANUP PROGRAM AND OWNER-OCCUPIED HOUSING REHABILITATION FINANCIAL STATUS REPORT AND REQUEST FOR FUNDS FOR THE MONTH OF Funds requested this month $ .(this line must equal the GRAND TOTAL column for "EXPENDITURES THIS MONTH") I hereby certify that to the best of my knowledge, the date reported represents actual receipts and actual expenditures which have been incurred in accorda�ce with the agreemerrt for management and implementation of the CDBG Program and are based on official accounting records and supporting documents which wiil be maintained by us for purposes of audit. REVIEWED BY PREPARED BY TITLE TITLE PHONE NUMBER DATE DATE Revi6ed JUlie 10, 2008 . . . 15 Reguler Council Meetinp - December 18, 2012 - Page 53 of 763 � � REQUEST# EXHIBIT F PIMA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FY2012-2013 CONTRACT # TOWN OF MARANA ADMINISTRATION, EMERGENCY HOME REPAIR; GRAFFITI ABATEMENT PROGRAM, COLONIA-NEIGHBORHOOD CLEANUP PROGRAM AND OWNER-OCCUPIED HOUSING REHABILITATION BUDGET MODIFICATION Please indude: 1. A written jusNficaHOn for the modiflcation for the line item(s) you wish to change; antl � � 2. A new billing request with the requested change. Budget change request must be Iimited to 10% of the total IGA amount and submitted within 30 days of the request Requeats for budget change may not be accepted after July 7, 2013. Pleasa include The following: Date: Name of person requesting change: Authorized Signature Date Mail or fax W: Gbria Soto Pima Counry, Kino Service Center : 2797 East Ajo Way, 3 Floor Tucson,AZ 85713 Fax Number. 520-243-8796 Revisee .TUne io, 2ooe 16 Regular Council AAeetirp - December 18, 2012 - Page 54 of 163 11555 W. CIVIC CENTER DRNE, l�ZARANA, ARIZONA 85653 Council Chambers, December 18, 2012, 7:00 PM To: Mayor and Council From: Kevin Kish, AICP, Planning Director Strategic Plan Focus Area: Community Strategic Plan Focus Area - Additional Information: Item C 3 The creation of the Imagine Greater Tucson document "Looking forward: Vision for a Greater Tucson Region" used an extensive public outreachprogram that mirrors the spirit of the Strategic Plan's Community Focus area to create a community where all people are motivated to be involved and feel connected and valued. The creation of the Marana Strategy Plan II and the Marana General Plan were created by the Town with extensive feedback and public participarion from an equally engaged community (Marana). An important value common to both the Vision document and the Marana Strategic Vision is the value of healthy communities. This is in alignment with the Strategic Plan's initiative to provide quality services to keep the community safe and secure, something our community and the Tucson Metropolitan Region Share. Subject: Resolution No. 2012-101: Relating to regional participation; recognizing the Imagine Greater Tucson document "Looking Forward: Vision for a Greater Tucson Region." Discussion: Imagine Greater Tucson is a community-based effort dedicated to protecting and enhancing quality of life in the greater Tucson metropolitan region. The goal of IGT is to involve people of the region in creating a shared vision for our region's future. Imagine Greater Tucson has accomplished its goal through an extensive multi-phased public outreach program.Support for the process is demonstrated by the Town's active role in participation. Town Staff has been involved in all phases of the Imagine Greater Tucson process, attending public events, focus group meetings, and inviting Imagine Greater Tucson to come to our town to engage our residents, facilitating several public events at two Marana venues, a scenario building workshop and mapping exercise at Twin Peaks Elementary and a reveal meeting at Heritage Highlands. The "Vision for a Greater Tucson Region" is the result of more than 10,000 residents participating since 2010 in an ongoing public participation process. Residents across the region contributed over 40,000 statements regarding the development of our region; comments were distilled into 60 individual values, and further organized into nine principles: accessibility, educational excellence, integrity, good governance, healthy communities, higher education, prosperity, quality neighborhoods and a region identity. The Town recognizes the Vision as a guiding document intended to complement Marana's akeady existing Strategic Plan and General Plan. Regular Gouncil Meeting - December 18, 2012 - Page 55 of 163 ATTACHMENTS: Name: Description: Type: � Resolution Imaqine Greater Tucson Resotution 101 Greter Tucson Resolution (00032376) DOC.docx Staff Recommendation: Staff recommends recognition of the plan as a regional vision, and directing Town staff to continue implementation of the Marana Strategic Plan and General Plan, which complement the Vision document. Suggested Motion: I move to adopt Resolution No. 2012-101, recognizing the Imagine Greater Tucson document "Looking Forward: Vision for a Greater Tucson Region" as a tool to complement the Town's strategic plan and general plan. Regular Council Meeting - December 18, 2012 - Page 56 of 163 MARANA RESOLUTION NO. 2012-101 RELATING TO DEVELOPMENT; RECOGIVIZING THE IMAGINE GREATER TUCSON DOCUMENT "LOOI�ING FORWARD: VISION FOR A GREATER TUCSON REGION" AS A REGIONAL VISION FOR CONSULTATION AND CONSIDERATION WITH THE MARANA GENERAL PLAN AND MARANA STRATEGIC PLAN W�t�AS the Tucson metropolitan region has experienced high rates of population growth over the last 50 years, and is anticipated to double in total population within the coming decades; and WHEREAS the Imagine Greater Tucson document "Looking Forward: Vision for a Greater Tucson Region" (the "Vision") consists of 60 individual values, derived from 4,600 Community Conversations and Value Survey participants, amassing over 40,000 comments and organized into nine principles, including Accessibility, Educational Excellence, Environmental Integrity, Good Governance, Healthy Communities, Higher Education, Prosperity, Quality Neighborhoods, and Regional Identity; and W��AS the Vision is the result of multiple Scenario Building Workshops and mapping exercises, with over 650 participants and the construction of 150 collaborative regional visioning maps; and W��as the Vision is the result of over 6,700 participants, weighing the choices and trade-offs of four potential growth scenarios, with less than 7% of respondents favoring the current land use"growth and development trend; and WHE�as the Town recognizes that the Vision's nine principles were obtained through an extensive public outreach program; and W��AS the Town recognizes the Vision as a guiding document to help make decisions as they relate to the improvement of the quality of life and the regional community envisioned for future generations by those who participated and coliaborated in the Imagine Greater Tucson process; and Wt��AS the Marana Strategic Plan sets forth the Town's guiding policies for overall decision-making in the Town; and WxEREAS the Marana General Plan sets forth the Town's guiding policies for development-related decision-making in'the Town; and W��AS the Marana Strategic Plan II and the Marana General Plan were created by the Town with extensive feedback and public participation from an engaged community. Marana Resolution No 2012-101 -1- Regular Councit Meeting - December 18, 2012 - Page 57 of 163 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF NZARANA, recognizing the Imagine Greater Tucson document "Looking Forward: Vision for a Greater Tucson Region" as a regional vision, and directing Town staff to continue implementation of the Marana Strategic Plan and General Plan, which complement the Vision document. ATTEST: Ed Honea, Mayor Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Mazana Resolution No 2012-101 - 2- Regular Council Meeting - December 18, 2012 - Page 58 of 163 11555 W. CIVIC CENTER DRIVE, l�2ARANA, ARIZONA 85653 Council Chambers, December 18, 2012, 7:00 PM To: Mayor and Council From: T VanHook, Community Development Director Strategic Plan Focus Area: Community Item C 4 Strategic Plan Focus Area - Additional Information: Marana's Strategic Plan II, adopted by the Town Council in March 2012, includes an initiative to increase participation by residents and visitors in Marana's signature events, as one of the Community foeus area strategies. The Marana Main Street Festival is a community-centered event initiated by a group of residents, businesses, and non-profit leaders to increase awareness of the Town's developing downtown and showcase Marana Main Street as a vital part of the future for southern Arizona. Subject: Resolution No. 2012-102: Relating to Community Development; approving and authorizing the Mayor to execute a memorandum of understanding between the Town of Marana and the Southern Arizona Arts and Cultural Alliance regarding the planning, development and presentation of the Marana Main Street Festival in April 2013 Discussion: In early 2012, the Town Manager's office brought together a group of local residents, businesses, and community leaders to discuss ways of increasing participation by residents and visitors in Marana's Signature Events to both stimulate economic growth and promote community involvement. After several discussions, an ad-hoc committee was formed to discuss the Founders' Day celebration and a complimentary Marana Main Street Festival, both focused on providing community-based activities for residents and visitors.Soon after the group came together, planning for two separate events was underway and the Marana Main Street Festival Committee was formed to move planning of a new event forward. This committee, chaired by Teri Murphy, is working with the MHC Healthcare and other community-based organizations to coordinate a broad-based series of activities designed to bring participants into Northern Marana during the weekend of Apri15-7, 2013. These events will include a street fair, music and entertainment, children's activities, RV boon docking, and a charity bed race. These activities will require the closure of Marana Main Street between Gaudette and Civic Center Drives and Civic Center Dri�e between the two entrances to the Marana Municipal Complex from 5:00 am and 8:00 pm on Saturday, Apri16, 2013. The Marana Main Street Festival Committee has finalized the program of events, established a working budget, and is working with staff to develop traffic and parking plans and the agreements with outside vendors necessary to effectively and efficiently offer activities to the community. The Committee is also working with event partners, including MHC Healtheare, the Marana Chamber of Commerce, and other community- and faith-based groups to coordinate the marketing, road closures, and traffic flow for activities taking place during the three-day event. As a Signature Event of the Town, staff will be responsible for developing marketing materials, securing necessary permits, providing security and traffic management, supporting setup and tear down activities, contracting for rental equipment, purchasing supplies, and working with the Marana Main Street Festival Committee to secure additional agreements with community partners and vendors as Regular Council Meeting - December 18, 2012 - Page 59 of 163 needed. Several elements of the event will be managed by community partners through formal agreements. The Southern Arizona Arts and Cultural Alliance (SAACA), an Arizona not-for-profit organization dedicated to the preservation, expansion and creation of arts and culture in southern Arizona, is one of the community partners engaged to assist with the Marana Main Street Festival. The proposed Memorandum of Understanding on tonight's agenda lays out in detail the services that will be performed by SAACA related to the event. These services will include: Entertainment and Arts * Main Stage Performances: SAACA will book up to 10 bands / groups based on a theme, genre determined by the Town of Marana. (S performances over 1 day) * Performer Contracting & Payment: SAACA will contract and arrange for all tax forms, requirements and insurances needed for on stage performances. * Stage Management: SAACA will provide sound and lighting, micraphones, plot layouts per group, stage changes, etc. * Children's Activities: SAACA will contract for face painters and balloon twisters and organize jumping castles and other children's activities. * Strolling Performances: SAACA will contract strolling performers to provide entertainment throughout the festival space. Vendor Recruitrnent and Management * Vendor Recruitment: SAACA will develop and solicit all applications for businesses, nonprofits and e�ibitors. * Vendor Management: SAACA will serve as the main liaison for all vendor issues, permitting, layout and communication throughout the event process. Exhibitor Fees $20 for Nonprofit and $30 Artist, Resale & Business Promotion. * Food Vendors: SAACA will manage all aspects of the food vendor recruitrnent, health permitting, and management throughout the weekend. Food Vendor Fee $50 * Management: SAACA staff will remain onsite throughout the event to manage any vendor issues, tenting, permitting issues, layout, break down and set up management needed.SAACA will reserve up to 5 complimentary booth spaces for Marana exhibit booths (Marana provides tent).Marketing * Email marketing: SAACA will market to a list of 15,000+ online followers, members and supporters. * Social Media: SAACA will manage and develop — postings to SAACA's 1,000+ followers. * Press Release, Writing and Media liaison: SAACA will development press releases, and post event on 301oca1 ealendars. * Radio partnership: SAACA will recruit a radio in-kind sponsor for the event. * Print Ads: SAACA will place Town of Marana-designed ads in the Arizona Daily Star. SAACA will approach the Marana Weekly about an in-kind/trade agreement. The Town will review and approve all marketing materials prior to their distribution or use.The Marana Main Street Festival Committee is in the process of developing a marketing plan to include activities taking place throughout the weekend. This plan will require the Town to contract for additional print, radio, and television advertising to run concurrently with Town driven social media campaign and community outreach activities. Financial Impact: The Town of Marana has committed $15,000 in General Fund dollaxs and additional in-kind support to the Marana Main Street Festival. The Marana Main Street Festival Committee has set a fund raising goal of $10,000 to cover any direct costs related to the event. The proposed agreement between the Town and SAACA will encumber $7,000 of that funding. ATTACHMENTS: Name: � Resolution MOU SAACA.DOC l� 00032385.PDF Description: resolution 102 Exhibit A- MOU with SAACA Type: Resolution Exhibit Staff Recommendation: Staff recommends approval of the MOU with SAACA for services related to the Marana Main Street FestivaL Regular Council Meeting - December 18, 2012 - Page 60 of 163 Suggested Motion: I move to adopt Resolution No. 2012 -102, approving and authorizing the Mayor to execute a memorandum of understanding between the Town of Marana and the Southern Arizona Arts and Cultural Alliance regarding the planning, development and presentation of the Marana Main Street Festival in Apri12013. Regular Councit Meeting - December 18, 2012 - Page 61 of 163 MARANA RESOLUTION NO. 2012-102 RELATING TO COMMUNITY DEVELOPMENT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN TI-� TOWN OF MARANA AND TF� SOUTHERN ARIZONA ARTS AND CULTURAL ALLIANCE RE- GARDING THE PLANNING, DEVELOPMENT AND PRESENTATION OF THE MARANA MAIN STREET FESTNAL IN APRIL 2013 WHEREAS the Town Council of the Town of Marana has determined that artistic and cultural activities within the Town are in the public interest and enhance the cammunity; and WHEREAS the Southern Arizona Arts and Cultural Alliance (SAACA) is a not-for-profit organ- ization that exists to ensure community engagement in arts and culture; and WHEREAS the Town and SAACA desire for SAACA to assist the Town in planning, develop- ing and presenting the Marana Main Street Festival in Apri12013; 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 L The memorandum of understanding between the Town of Marana and SAACA, attached to and incorporated by this reference in this resolution as E�ibit A, is hereby ap- proved and the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana. SECTION 2. T'he 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 of the Town of Marana, Arizona, this 18� day of December, 2012. ATTEST: Mayor Ed Honea Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution No. 2012-102 Regular Council Meeting - December 18, 2012 - Page 62 of 163 1'��c�� t�� `.�� ' �., :� .�� lv��.r�ia �a�� €c� ��s. < �� __ . � ,� _w._=- �-. . � �a� �� c��: .a v� �.�u�c�� F me �. ��n c�� .��ra�a �c�se� �ze � c�� r =� � {�h� "�'laart."), ' "T`h+� �1az�. i��#�� v��t�' as c�� £ i� �� I�r�d� ��rirn�i�;;tty fcr�us area� �e �� it�cl��+�� n iur��i�� i� �ti+�� ° x��tt�s �z%�. �r�iter�; �i� �'I��'� �� ent�� h �i :�t- ; � � �` ��i��at� ��Ci� ev�n# dua��: �� a� � �aiz��i�n ��a�� . �t��c��€�i�� t�a� ��r. �: � . : tfi��: �►�r�a �� u1��I Alli�� '�t�s � �ca� Ec�x�rc>�t ��.�� : � �:�s��i�►�, ��an�ican ar�r� �+��a� � � � �1�� +�� e�e�� t�a t�e a�� tc� p�ra�.� ��:�i�� ren��, ��.�A �-�c��* �� t� �#:her pr��. ��:� �rc�r��t�s ��.� ��i��.�:�nd �t�, �. 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F��hi� : " ��.�� ; Regular Cou�cil Meeting - December 18, 2012 - Page 69 of 163 � � F ; �, Exhib� A #€�'��t� � �+1�r��AR�P� �U' � ` S�iA� p�r#r�ar� w�: t�e �1aw bc��;re;�es; rrt�r�p�t�� i? c��ni�a�ic�rr� it� cre�te sp�ta�utar �r�crrunt�y �r�t �±�� ` �ttd ��'�l �r�g�g�t�rt�fw ` �4�3��r8.�';�� Regular Council Meeting - December 18, 2012 - Page 70 of 163 �� x . 4 . � � � �� .� ��'i -� �i# �aric�tir�3 �:�+� �di� rrx� �" ._ ��5� � °i7�'� ��t�S C�kB��# �':�� . �4 � ��}��-: s7��}'. a7!"S7'f�:.�� ff 't� �� n+� �rill pt��rvit�e t�f��,��rrg �� a��.� �.�� . =�.-a�.� .�� . �� :, , � a �� . E �«- � � .�. .� . . �ft . a E � . , . � r� : o . . �. :. a �� . . .a � a� t ss r a e° � s.,e: :o r R '♦ �t �. bsa t :i` .t _ ��.��.� � . Regular Councit Meeting - December 18, 2012 - Page 71 of 163 � ' � �xttt�il� � `� fi�wrt �f N��r��4�A �c�,# F..��i�i� A' �t� `�`�t�3 �3f iVl�tt�r��AA�� #��t! �� r: ` ��{�� .i�f i.�� '��7� .��.. �. ,I�tt� �t��ifi' S��i��4'� � �� ,?�I'�8�#I�t �F��t� Ar�Z�� ,�t�t� &` ��ar�l A1� ��f1�6E$1'�t �.5� �� t't�1t �r ��- '�h�� 'Ciy SAA�, ��I�d t�� i�� -�'22� �:�c�c1� R�, Sc�i� 19;� -T�c��r�, A� ; 8�3t�' ��2�8.� r} Regular Council Meeting - December 18, 2012 - Page 72 of 163 11555 W. CIVIC CENTER DRNE, MARANA, ARIZONA 85653 Council Chambers, December 18, 2012, 7:00 PM To: Mayor and Council From: Frank Cassidy, Town Attorney Strategic Plan Focus Area: Not Applicable Item C 5 Subject: Resolution No. 2012-103: Relating to Real Estate; approving and authorizing the Mayor to execute a license agreement extension for electric vehicle charging stations Discussion: The Town Council adopted Resolution 2012-13 on March 6, 2013, authorizing a license agreement for electric vehicle charging stations. The license term ends on December 31, 2012. If approved, this item will extend the license for another year, to December 3l, 2013, and make some minor modifications to the original license. The main modi�cation in the license extension removes the licensee's obligation to pay for electricity. The charging stations are connected directly to the Town's power at Ora Mae Harn Park, Crossroads Park, and the Marana Operations Center. Since the charging stations were first installed earlier this year, they have used a cumulative total of less than $20 of electricity. Town staff believes the charging stations' minimal electricity cost does not justify the staff time involved in tracking anci billing for it. The Town will continue to get 50% of all revenues generated by the licensee at the charging stations. The licensee has been billing customers since mid-August for hooking up to the charging stations, and the licensee's billing rate is $1 to $2 per hour, depending on the type of customer using the stations. However, the customer usage has dropped to nearly nothing since the licensee began bilting its customers, so unless usage increases, the Town is not likely to have any substantial revenues from the charging stations. Nevertheless, they are a convenience to owners of electric vehicles. The only other modification to the license fixes an inconsistency in contract terms relating to the disposition af the charging stations at the end of the license. At the end of the license term, the Town of Marana has the option to keep the charging stations for a monthly maintenance fee currently estirnated at $20 per month for each station, or may require the licensee to remove the charging stations. Financial Impact: The charging stations have minimal cost and generate minimal revenue. ATTACHMENTS: Name: Description: Type: � ECOtalitv license extension Resolution resolution 103 (00032392).doc Resolution Regular Council Meeting - December 18, 2012 - Page 73 of 163 � AGT 20121206 ECOtalitv license extension Exh A to Reso_ECOtality license extenstion Exhibit (00032362).DOC Staff Recommendation: Staff recommends adoption of Resolution 2012-103, modifying and extending the electric vehicle charging stations license for another year, to give electric vehicle owners the convenience of charging within the Town of Marana and to track charging station usage for another year before the Town is required to decide whether to keep the stations indefinitely. Suggested Motion: I move to adopt Resolution 2012-103, modifying and extending the electric vehicle charging stations license through December 31, 2013. Regular Council Meeting - December 18, 2012 - Page 74 of 163 MARANA RESOLUTION NO. 2012-103 RELATING TO REAL ESTATE; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A LICENSE AGREEMENT EXTENSION FOR ELECTRIC VEHICLE CHARGING STATIONS. WHEREAS the Town of Marana approved Resolution 2012-13 on March 6, 2012, approving a license agreernent with the Eleetric Transportation Engineering Corporation, doing business as ECOtality North America, ("ECOtality") to install Electric Vehicle Supply Equipment ("EVSE") stations and to collect data relating to public use of the EVSE stations in accordance a grant from the United States Department of Energy; and WHEREAS ECOtality license is scheduled to terminate on December 31, 2012; and WHEREAS the Town finds that extending and modifying the ECOtality license is in the best interests of the Town and its residents, for reasons including (a) the public's continued access to EVSE stations within the Town limits, (b) the benefits of having an additional year's EVSE usage data before the Town decides whether to retain the EVSE stations after the termination of the license, (c) administrative simplification of financial obligations under the license, and (d) clarification of certain provisions of the license. NOW, 'TI�REFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF 'TI� TOWN OF MARANA, that the amendment to license agreement for electric vehicle charging stations between the Town of Marana and Electric Transportation Engineering Corporation, doing business as ECOtality North America, (`BCOtality") attached to this resolution as Exhibit A is hereby approved, and the Mayor is authorized to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, conditions and objectives of the agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 18�' day of December, 2012. Ed Honea, Mayor ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Resolution No. 2012-103 �f [ i 7i Z i 7 i i�� I Q[ I I I I��7 Regular Council Meeting - December 78, 2012 - Page 75 of 163 AMENDMENT TO TOWN OF MARANA LICENSE AGREEMENT FOR ELECTRIC VEHICLE CHARGING STATIONS This Amendment ("Amendment") is made and entered into by and between the TOWN OF MARANA {"Licensor") and ELECTRIC TRANSPORTATION ENGINEERING CoxPO�Tio�.1, an Arizona corporation ("Licensee"), doing business as ECOtaliiy North America, with offices at 430 S. 2nd Avenue, Phoenix, Arizona 85003. 1. This Amendment amends the TOWN OF MARANA LICENSE AGREEMENT FOR ELECTRIC VEHICLE CHARGING STATIONS dated February 13, 2012, and recorded in the office of the Recorder of Pima Couniy, Arizona, on March 9,,2012 at Sequence No. 20120690198 (the "Agreement"). 2. This Amendment is an integral part of the Agreement. The terms used in this Amendment which are defined or specified in the Agreement shall have the meanings set forth in the Agreement. If there are any inconsistencies between the provisions of this Amendment and the provisions of the Agreement, the provisions of this Amendxnent shall control. 3. This Arnendment will be effective when signed by both Parties. 4. Section 2, Effective Date; Term of License, is hereby modified to read: "The License and rights granted by this Agreement {as amended by this Amendment) became effective as of December 1, 2011 (the "Commencement Date") and unless otherwise agreed in a writing signed by both Parties will automatically expire and terminate on December 31, 2013 ("Expiration Date")." 5. Section 4, Consideration, is hereby modified to read as follows: 4.1 Quarterly Payment. The Licensee shall pay the Town 5Q% of the net revenues received by the Licensee from access fees charges at the Licensed Premises (the "Quarterly Net Revenues"). 4.2 Time of Quarterly Payment. Licensee shall pay the Town its share of Quarterly Net Revenues within 30 days of #he end of each calendar quarter. 6. Section 5, Surrender; Removal of the Equipment, subparagraph 5.3, is hereby modified ta read as follows: 5.3. Removal of the Equipment by Town. If Town does not timely elect to retain the equipment as provided in subparagraph 5.2 above, Licensee will promptly remove the Equipment and restore the condition of Licensed Premises as provided in subparagraph 5.4 {00(Xi2362.DOC /} - 1 - 12/6/201210:52 AM FJC ( r�.,�� y� Char�ng Site Host Amendment Rev'd Date: 5/9/2012 Regular Council Meeting - December 18, 2012 - Page 76 of 163 below. If Licensee does not remove the Equipment and restore the condition of the Licensed Premises within sixty days after the Expiration Date, Town may cause the Equipment to be removed and the condition of the Licensed Premises restored, and may recover from Licensee all expenses reasonably incurred in connection with such removal and restaration. Licensee agrees to pay all expenses of removal promptly upon receipt of demand for such payment. In addition, the Equipment will be deemed abandoned by Licensee and title shall autamatically be vested in Town, which may use or dispose of the Equipment in its sole discretion. � 7. All provisions of the Agreement, including attachments thereto, not addressed by this Amendment remain in full force and effect. IN w1Z'1vESS w�xEOF, and intending to be bound hereby, the Parties affix their signatures to this Amendment. "Licensor" Town of Marana, an Arizona municipal corporation "Licensee" Electric Transportation Engineering Corporation, doing business as ECOtality North America B Name: Title: Date: By: Name: Title: Date: {0oo32'i62.DOC /} - 2- 1z/6/2o1210:52 aM FJc (revisions o„ly) Charging Site Host Amendment Redd Date: 5/9/2012 Regular Council Meeting - December 18, 2012 - Page 77 of 163 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, December 18, 2412, 7:00 PM To: From: Mayor and Council Jocelyn Bronson, Town Clerk Item C 6 Strategic Plan Focus Area: Not Applicable Subject: Approval of December 4, 2412 Special and Regular Minutes and December 1 l, 2012 Special Meeting minutes Discussion: ATTACHMENTS: Name: Description: � Special Meetina Minutes 12- 04-2012.doc Special Minutes � 42-4- 2012 Reaular Council Meetina.doc Regular Minutes ��eaal Meetina Minutes 12- December 11 Special Minutes 11-2012.doc Staff Recommendation: Suggested Motion: Type: Cover Memo Cover Memo Cover Memo Regular Council Meeting - December 18, 2012 - Page 78 of 163 MARANA TOWN COUNCFL SPECIAL MEETING MINUTES Ed Honea, Patti Comerford, David Bowen, ,� Herb Kai, � Carol McGorr�� Jon Post, Co� Roxa�nne Ziegler, C Pursuant to A.R.S. § 38.431.02, notice is=. to the general public that the Town Coun at or after 6:OOPM located in the Council Center Drive, Marana, Ari, � _.->; , ACTION MAY BE Revisions to the age italics. The Council request a re (520) 38 This d A�� and at CALL TO OR Clerk Bronson EXECUTIVE by Vice Mayor yor Honea called the meeting to order at 6:00 p.m. Town Kai and Post were excused; there was a quorum present. ��o go into executive session by Council Member McGorray, second unanimously S-0. 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. A. 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 cancerning (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 discussions and contract negotiations relating to the transition of Marana Special Meeting Minutes - December 4, 2012 11555 W. Civic Center Drive, Marana, Council Chambers, December 4, 2012, �1 ' BY T� da � �ccur up ;ham ` : �'e wt ccomm ` ' shoult�� icl��d no �a 1155�� ivic ;om on t w: 85653 6:00 PM �l Member Member icil Member to the of the Marana Town Council and � the public on December 4, 2012, �ipal Complex, 11555 W. Civic JNCI ITE ' TED ON THIS AGENDA. hours p"., , o the meeting. Revised agenda items appear in air and h „_apped accessible. Persons with a disability may ��ign 1 }'` ge interpreter, by contacting the Town Clerk at �s ��po� le to arrange the accommodation. n Mon��,��ecember 03, 2012, 6:00 PM, at the Marana r Drive, the 1Vlarana Operations Center, 5100 W. Ina Road, �,,;�age under Agendas, Minutes and Recent Actions. Regular Council Meeting - December 18, 2012 - Page 79 of 163 wastewater collection and treatment to the Town of Marana ADJOURNMENT. Upon inotion by Council Member Bowen, second by �ce Mayor Comerford, the meeting was adjourned at 7:02 p.rr� Passed unanimously 5-0. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of a special meeting of the Marana Town Council held on December 4, 2012. I further certify that a quorum was present. Jocely: Special Meeting Minutes - December 4, 2012 Regular Council Meeting - December 18, 2012 - Page 80 of 163 € �, � �' REGULAR COUNCIL 11 MINUTES 11555 W. Civic Center Drive, Mar, Council Chambers, December 4, 2., Ed Hon "or Patti Come�;, ice Mayor . David Bowe�'"�:� ncil Member Herb Kai, Co �,,, �VlembeH ,..,, .,.,. Council �er, Coi 85653 7:00 pM CALL TO ORDER ANl� Clerk Bron��cl roll. Mayor „ ea called the meeting to order at 7:03 p.m. Town OF SILENCE. Led by Mayor Honea. APPROV "" F AGENDA �� a� attend the me Motion to a� �ce Mayor Com � d Passed d. -_ : ��s=�.. CALL TO THE PU � � Tucson Police Deparhneri� function April 18-21, 2013 PROCLAMATIONS [�`'`""� asked Item P. 1 to be removed as thepresenter is unable to the da as amended by Council Member Post, second by Lt. rd Anemone, accompanied by Officer Joe Curran from the ; p a request for use of the town stage for their Special Olympics charity s.� " Place Mall. MAYOR AND COLJNCIL REPORTS: SUIVIMARY OF CURRENT EVENTS. Vice Mayor Comerford and Mayor Honea both commented on the professionalism of staff and volunteers and the overall success of the holiday tree lighting ceremony on Saturday. Over 1,000 people attended, and they noted that this is rapidly becoming a signature event in the area. December 4, 2012 Regular Meeting Minutes Page 1 of 4 Regular Council Meeting - December 18, 2012 - Page 81 of 163 MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS. Mr. Davidson noted that the Council Executive Report is on the dais. Of particular note is the upcoming Dispose-A-Med event coming up on December 15, 2012 at Target at Ina/Thornydale in Marana as well as beefed-up holiday patrols by the Marana Police Department. He also recognized the website updates for the Development Services Business Center. Some of the concepts used for that page will be used by other departments which provide community updates. PRESENTATIONS P 1: Presentation: Relating to Recreation; presentation YMCA of Southern Arizona to discuss swimming and program guide. Removed CONSENT AGENDA. Motion to approve the Co� Council Member McGorray. Passed unaninzously. C 1: Approval of Navember 13 and 20, LIQUOR LICENSES L 1: Relating to Liquor Licer� event liquor license application 5� a Holiday party at Stardance Ever item met with no o �on from �� a Council Memb� � sec� -'�ES ,� �� BOARDS, COMMIS S AND ��V COUNCIL g ��`�� N �� M��IZesolu ��'� 201 ��• �den Farms B� ° �' 6 & � � � (1 `� e/utility) & " thru� Kevi `' . Motion to- rove Passed r ouslv. �y;�� Craig partnership with Northwest ents and present the new YMCA Mayor Comerfora� second by Minutes. state liquor board regarding a special of Valley Christian Church for Ms. Bronson noted that this roval. Motion to approve by assed unanimously. �t1ri �`� vC'�opment;- approving a preliminary plat for 1 218, cick A& Common Areas "A-1" thru "A-11" (landscape/drainage/utility/recreation). Presented by uncil Member Kai, second by Council Member Ziegler. A 2: Ordinari � . 20 � Resolution No. 2012-098: Relating to Business Regulations; amending the M Code Title 9"Business Regulations", Chapter 9-4 entitled "Massage Establishments"; mo ing definitions; modifying application and renewal requirements; modifying investigation process; adding grounds for and modifying procedures for denial, suspension, revocation and nonrenewal of licenses; adding activities considered to be unlawful; modifying requirements related ta retention of records; modifying requirements related to listing of managers and manager presence at establishments; making certain other clarifications; amending Town Code sections 9-4-2, 9-4-8, 9-4-9, 9-4-12, 9-4-13, 9-4-14, 9-4-15, 9-4-16, 9-4- 18, 9-4-19, 9-4-20, 9-4-21, and 9-4-22; and declaring an emergency. December 4, 2012 Regulaz Meeting Minutes Page 2 of 4 Regular Council Meeting - December 18, 2012 - Page 82 of 763 Resolution No. 2012-098: Relating to Business Regulations; declaring as a public record filed with the Town Clerk the amendments adopted by Ordinance No. 2012.13 to Marana Town Cade Title 9"Business Regulations,"Chapter 9-4 entitled "Massage Establishments" Presented by Jane FairalL She noted that almost two years ago, Council adopted Chapter 9-4 adding to the Town Code the regulation of massage establishment businesses coming into the town. Several amendments were made in 2011, so it's been a little over a year that staff has been able to monitor licensing, investigations, inspections, and code violations. As a result, Police, Legal and Finance staff reviewed the activity of those establishments in relation to the code, and are bringing forward some additional amendments to the c help them enhance the professionalism of the industry and to be able to deal wit � sinesses that appear to be operating outside that professionalism. She highlight� \ significant changes. One is the application requirements. Staff is also recommen '� .� \ t be a provision to allow the license inspector to delay a decision when a bu ' � ants to to a location of a previous establishment that had documented violatio�s� �°, unds for denia . vocation or suspension of license were added to close any addition of the code. Another key aspect is the designat��.\of an premises at all times who is not a general emplcs�. . Bowen, second by Council M � Post. Ms B�� 7-0. ITEMS FOR DISCUSSION/POSSIBLE D 1: Relating t ��_. all pending st , � meetings of oth� preparations for a 13. All of t� �icts is new will be EXECUTIVE were added to agent on the approve by �ncil Member rol� Motion piz�ed unanimously �, �r� and possible action regarding �ns and on recent and upcoming es. D"'" ' Town Manager Del Post updated Council on the Oro`°. ey town council on Friday, January 4, 2013. at 8;�.m. at the Ritz-Carlton Hotel. The purpose of or►��;��aate ��gislative session that will begin on January ation frbf�"District 9 and District 11 will be invited. One of edistricting process, so this will be a good opportunity to €�;issues that are important to Marana and Oro Valley. A E 1: Executive Ses��rsuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation far legal actvice 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 consultation with the Town's attorneys and to mstruct the Town's representatives concerning (1) the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidated), Mazicopa 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 discussions and contract negotiations, relating to the transition of Marana wastewater collection and treatment to the Town of Marana December 4, 2012 Regular Meeting Minutes Page 3 of 4 Regular Council Meeting - December�l8, 2012 - Page 83 of 163 FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion regarding the items to be placed on the agenda, if three or more Council members request that an item be placed on the agenda, it must be placed on the agenda for the second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2-4-2(B). Vice Mayor Comerford asked for an agenda item to discuss the use of the town's mobile stage. Council Member Ziegler asked for the details of the last request. Mayor Honea agreed to assign it to the next regular meeting agenda. ADJOtiIRNMENT. Motion to adjourn at 7:28 p.m. by Council Me,�ber Bowen, second 8y Council Member McGorray. Passed unanimously. �� CERTIFICATION �, � �. «,< �,�., I hereby certify that the foregoing are the true and corr �` i utes of t a Town Council meeting held on December 4, 2012. I further certify that a q ��",��vvas present. Jocelyn C. Bronson, Town Clerk December 4, 2012 Regulaz Meeting Minutes Page 4 of 4 Regular Council Meeting - December 18, 2012 - Page 84 of 163 MARANA TOWN COUNCIL SPECIAL MEETING MINUTES Ed Honea, Patti Comerford. David Bowen, Herb Kai, Carol McGorr ,_`� Jon Post, Coii� Roxa�ine Ziegler, C �'1 Member Member icil Member Pursuant to A.RS. § 38.431.02, notice i� to the general public that the Town Coun at or after 6:OOPM located in the Council Center Drive, Marana, Ari:z,��. ACTION MAY BE Revisions to the age itadfcs. The Councll request a re �� (520) 38 =�� This I�I ' nd A�� and at CALL TO ORI Clerk Bronson EXECUTIVE by Vice Mayor to the 85653 6:00 PM of the Marana Town Council and > the public on December 4, 2012, �ipal Complex, 11555 W. Civic INC x � ,, ITE - r _ TED ON THIS AGENDA. hours p�to the meeting. Revised agenda items appear in air and h` apped accessible. Persons with a disability may �"� ign 1 ge interpreter, by contacting the Town Clerk at �s � po�le to arrange the accommodation. n Mon�� ecember 10, 2012, 6:00 PM, at the Marana �r Drive, the Marana Operations Center, 5100 W. Ina Road, �age under Agendas, Minutes and Recent Actions. N�ayor Honea called the meeting to order at 6:00 p.m. Town bers Post was excused; there was a quorum present. �o go into executive session by Council Member McGorray, second unanimously 6-0. 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. A. Exeeutive Session pursuant to A.R.S. § 38-431.03(A)(3), (4), and (7) for discussion and consultation with the Town's attorneys for legal advice and to consider the Town's position and instruct its representatives regarding pending negotiations with the Arizona State Land Department concerning the Tortolita Preserve Lease B. 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 Special Meeting Minutes — December i l, 2012 11555 W. Civic Center Drive, Mazana, Council Chambers, December 1 l, 2012, � ��I BY da� �ccur up ;ham�� re wl �ccomm" � �; , 3 shou icl��d no 1155� �; ; Civic :om on tf��:�vv� Regular Council Meeting - December 18, 2012 - Page 85 of 163 concerning (1) the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa County Superior Court Na CV2008-00 1 1 3 1, 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 discussions and contract negotiations relating to the transition of Marana wastewater collection and treatment to the Town of Marana ADJOURNMENT. Upon motion by Council Member Bowen, second by Vice Mayor Comerford, the meeting was adjourned at 8:12 p.m. Passed unanimously 4-0. Council Member McGorray left at the end of the executive session. CERTIFICATION I hereby certify that the foregoing are the true and correct mi Town Council held on December 11, 2012. I further certify� Jocely Special Meeting Minutes — December 1 l, 2012 2 special meeting of the Marana t�m was present. Regular Council Meeting - December 18, 2012 - Page 86 of 163 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, December 18, 2012, 7:00 PM To: Mayor and Council From: Jocelyn C. Bronson, Town Clerk Strategic Plan Focus Area: Not Applicable Item L 1 Subject: Relating to Liquor Licenses; recommendation to the Department of Liquor Licenses and Control regarding a special event liquor license application submitted by Sharon Nelson on behalf of Sunflower Vintage Gardeners for a Floral Interpretive Art Show at 9401 N. Sunflower Park Drive on February 17, 2013. Discussion: The attached application is for a special event liquor license subrnitted by Sunflower Vintage Gardeners for a Floral Interpretive Art Show on February 17, 2013. A special event liquor license is a temporary, non-transferable, on-sale retail privileges liquor license that allows a charitable, civic, fraternal, political or religious organization to sell and serve spirituous liquor for consumption only on the premises where the spirituous liquor is sold and only for the period authorized on the license. Qualifying organizations will be granted a special event license for no more than 10 days in a calendar year. Events must be held on consecutive days and at the same location or additional licenses will be required. The license is automatically terminated upon closing of the last day of the event or the expiration of the license, whichever occurs first. The qualified organization must receive at least 25 percent of the gross revenues of the special events. Three applications are being submitted to cover each of the time periods requested which are chronological but not consecutive. Pursuant to state law, a person desiring a special event liquor license must request a special event application from the Department of Liquor Licenses and Control (DLLC). The applicant then must file the applications with the town for events occurring within the town's limits. The town may then recommend approval or disapproval of the special event liquor license. If the special event liquor license application is approved by the Town Council, and the event meets the requirements for granting the license, the director of the DLLC will issue the special event liquor licenses to the qualifying organization. If the application is disapproved by the Town Council, the bLLC will normally not consider the application. ' Attached is the application from the organization, Sunflower Vintage Gardeners. ATTACHMENTS: Name: Description: Type: � Sunflower Vintaae Gardeners 2- LL Special Event 17-13 Redacted.odf Backup Material Regular Council Meeting - December 18, 2012 - Page 87 of 163 Staff Recommendation: Staff recammends approval of the special event liquor license application. Suggested Motion: OPTION 1: I move to recommend approval of the special event liquor license application submitted by Sunflower Vintage Gardeners for a special event to be held on February 17, 2013, located at 9401 N. Sunflower Park Drive, Tucson, AZ 85743. OPTION 2: I move to recommend disapproval of the special event liquor license application submitted by Sunflower Vintage Gardeners for a special event to be held on February I7, 2013, located at the 9401 N. Sunflower Park Drive, Tucson, AZ 85743. Regular Council Meeting - December 18, 2012 - Page 88 of 163 ARIZONA DEPARTMENT OF LtQUaR LICENSES & CONTROL 8U0 W Washington 5th Floor Phoenix, Arizona 85007-2934 (602) 542-5141 APPLICATION FOR SPECIAL EVENT LICENSE Fee =$25.00 per day for 1-10 day events only A senrice fee of $25.00 wiU be charcmed #or ali dishonored checks (A.R.S � � (+'� 7 t� NOTE: THIS DOCUMENT MUST BE FULL.Y COMPLETED OR IT WILL BE RETURNED. PLEASE ALLOW 10 BUSINESS DAYS FOR PROCESSING. *"Application must be approved by local gavernment before submission to DLLC USE ONLY Department of Liquor Licenses and Control. (Section #20) Lzc�sE # 1. Name of Organization: �l��l��-��- �tz �` e.. �s�-�c.� 2. Non-ProfiUi.R.S. Tax Exempt Number: `�'� -- )�Ga �`� (o�, 3. The organization is a: (check one box only) ❑ Charitabfe �( Fraternal {must have regular membership and in existence for over 5 years) [� Civic _ � Religiaus 4. What is the purpose of this event? � ��t3rcil �i2�ei",E7a.� � Poi'�icat Parly, Bailot Measure, or Campaign Committee � on-site consumption ❑ off-site cansump6on (auction) �� 1!/�.. /'�� cj/�i. o �.c� ❑ both - � _ -- � .f ,._._— ,/ 5. Location of the event: �"� � /� • , ..J s� ! � �' �' �'-r' �"/��f r ��'o�? fl � ��7� j Address of physical location (Not P.O. Box) Ciiy CauMy Zip Aaqlicant must be a member of the aualiivins� orsaanization and autharized bv an Officer, Director or Chairqerson of 4Ms AW\7N�9�J��AN w.�w�n'1 :.. As.w�.�iww �/A /Q6....w�.•..w rww....�wd C.. www40.... NAQ\ 6. Applicant: /1/��f.sa� c'��i.�-o h .L Last Firs Middle �' e 7. Applicant's Mailing Address: p`U7 � ��GU/s� ��'h��°GC��P� ° 4 s�t c�ry s� z;p - 8. Phone Numbers: {�' � ��T�' �80 (��') �"��.r �7'�t� (��) �7�" ��7�� Site Owner # Applicant's Business # ApplicanYs Home # 9. Dat@(S) & HOUPS Of EVBtIt: (see A.R.S. 4-244(15) and {17) for legaf hours of service) Date Day of Week Hours from A.M./P_M. To A:MJP.M. Day 1: � � "� /'�� .� _ .�� Q f�/�'� : �o�C?m G�� Day 2: Day 3: Day 4: Day 5: Day 6: Day 7: Day 8: Day 9: Day 10: � �h �z g�7¢.� nt 1 *Disabted individuAls requiring special accommodations, please call (b02) 642-9027 $e 'Reguf a�oun�cil Meeting - December 18, 2012 - Page 89 of 163 10. Has the applicant been convicted of a fetony in the past five years, or had a liquor license revoked? � YES � WO (aitach explanation if ves) 11. This organization has been issued a special event license for � days this year, including this event (not to exceed 10 days per year}. 12. Is the organization using the services of a promoter or other person to manage fhe evenY? [J YES �] NO If yes, attaeh a copy of the agreement. 13. List all people and organizations who will receive the proceeds. Account for 10Q% of the proceeds. THE ORGANiZATION APPLYING MUST RECEIVE 25% OF TNE GROSS REVENUES OF THE SPECIAL EVENT LIQUOR SALES. Name �Gc�a `��cs<cJ �r� (�/�� ... ��x�i •�./"S r� b �° Address �� ''� �� !'' �4c'� 5��7 �'� �� Name Peroentage Address (Attach additionai sheet if necessary) 14. Knowledge ofRrizona State Liquor laws Titfe 4 is important to prevent liquar law violations. If you have any questions regarding the law or this applicafion, please contact the Arizona State Department of Liquor Licenses and Control for assistance. NOTE: AL� ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVE�VT PREMISES" 15. What security and contral measures will you take to prevent violations of state liquor iaws at this event? (List type and number of security/police personnel and type of fencing or control barriers if appiicablej # Palice � Fencing # Security personnel ❑ Barriers . ��- � � �. � �/� � �,��. Yir . � �bi^ !J it �•�a 6- �, c� �� t'_� Gt- ( T!�- .'��' //"/dC-t n ��u.,dl�. c�p�s. 16. Js there an existing liquor license at the location where the special event is being held? If yes, does the existing business agree to suspend their liquor license during the time period, and in the area in which the special event ticense will be in use? (ATTACH COPY OF AGREEMENT) ■ o;� • ■ ■ • ( ) Name of Business P one Number 17. Your licensed premises is that area in which you are authorized to sell, dispense, or serve spirituous liquors under the provisions of your license. The following page is to be used to prepare a diagram af your special event licensed premises. Please show dimensions, senring areas, fencing, barricades or other control measures and security positions. ��-r' L�' � t�'u�e_.. . Regular Council Meeting - December 18, 2012 - Page 90 of 163 TI�iS SECTION TO BE CaMPLETED ONLY BY AN OFFICER DIRECTOR OR CHAIRPERSUN OF THE ORGANIZATION NAMED IN QUES770N #1 18. i�,��,,� �� K/�., ��'6G " dedarae tt�at i am an Of�iceriDir�ector/Cha�aerson a�oiMing the (Print fuN name) ap�nt fis�ed in Question f.io appiy behatf � the fo '�ganization for a Sp�ai Event Liquor Lioense. X --� - r�� _ � . � _,�.... (r�tle/P�ibwa,) coate) tPhone � ;:'� G�;;;:;t r: u„k �0 � � 2' �� ' �.i l�Nv'�Y, � �_.i� County of �. - ��"' Notary i'ul,tic - A� :,� °� " Pima Gounty The foregoing instrumeM was admowiedged before me this . • ,,, • `� MY Comm. Expires Jul 24, 2015 �.x �af�2�. �1 ab � �,,.. �R� Mon1h Year My Cotrxnission expires on: � l�a� `-��1 a� ` (Date) (S' re of NOTARY PUBLIC) 19. � (PriM fu8 name) Jisted in Qu�tion 6. i have esad ihe application and the c�a�tents and a#I statements are true. correct and compleUe. � � ? � _ _ / State of `C�� Zos�l�P! _ _ __ Couniy of �_ � }'�1 � 7 "y" The foregoing insfiument was acknowiedged befare me this �� ,��'s. . •.��;i) �J �i(l��L�� cyi�� x� . �; .�� t,. . , , . ` Ma�h L`1:��+?\� Notary f'ublic; +;izana � pa,y Year „ �n /1 � c� r7 c declare that i�n the APPUCANT filing this ap�ication as � You must obtain locai governmerrt aaproval. Citv or Countv MUST �commend event ar�d ��o+mptets item #20. The {ocal �aoveminn bodv mav repuire additional aqr�iications to be completed and submiEted 6Q davs in advance of the even�. Addi tiona! licensing fees may also be required bef ore approval may be grant�l. L.00AL GOVERNlNG BODY APPROVAL SECTION Zp, (, hereby recommend th� special event app{ication (Gov�nme� Otficial) (Tide) on behaff of (City. Tov�m or Co�a�ly) (Signatu(e of OFFIClAL) (Dafie) Departmer�t Comment Section: FOR DLLG DEPARTMENT USE ONLY (EmpbYee) (oate) � = ��-� � � . �r-�� .� -- — � u- �- ' Regular Council Meeting - December 18, 2012 - Page 91 of 163 SPECIAL EVENT t.[CENSED PREMISES DIAGRA � ,,�� (This diagram must be compfeted with fhis apPl��n� . Special Event Diagram: (Show d"unensions, serving areas, and labei type of enclosure and security positions) NOTE: Show nearest cross sUeets, highway, or road if location doesn`t have an acidress. � � I tE �1� 6 t _wv � .�w... �� .��U.,�� f � � � �-� � �. .. . . _ � _ ___ .. _M...�... ..__.�._ � � r _r_.w�_ �_.m._. m.__ ._ �,��, �i� f/� �Y t��ui+ (" �,_ � ��,,�-� _ _ _ _ _...., _<. _ _ __. e ! `P:+�_.k') IE9 ��t�t7Y� � � �� . � _..__..,».v....a.._....a..,._n_,e.,. � � f /_ � �7"�' �� . � Regular Council Meeting - December 18, 2012 - Page 92 of 163 SUNFLOWER COMMUNITY:MAP Z : �O _.. i- ; � aZ •�� p � W z � � ..� �. ' �. � d Sunflower � .�� A Del Webb Community ,�`` �. � ' :i � � �� J � f� f� CopyrlpM W 2010 So�em BeII Ad�reitl�g G►aiP. irie. AN r(ghts reaerved. 1 S � Regular Council Meeting - December 18, 2012 - Page 93 of 163 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, December 18, 2012, 7:00 PM To: Mayor and Council From: Jocelyn Bronson, Town Clerk Strategic Plan Focus Area: Not Applicable Item L 2 Subject: Relating to Liquor Licenses; recommendation to the Department of Liquor Licenses and Control regarding the special event liquor license application submitted by the Southern Arizona Arts and Cultural Alliance for the Senior Prom event to be held at Marana Health Center Discussion: The attached application is for a special event liquor license submitted by the Southern Arizona Arts and Cultural Alliance (SAACA) for the Senior Prom event to be held at the Marana Health Center. The applicant for this special event liquor license has submitted a special event permit application as well, pursuant to Chapter 10-6 of the Marana Town Code. A special event liquor license is a temporary, non-transferable, on-sale retail privileges liquor license that allows a charitable, civic, fraternal, political or religious organization to sell and serve spirituaus liquor for consumption only on the premises where the spirituous liquor is sold and only for the period authorized on the license. Qualifying organizations will be granted a special event license for no more than 10 days in a calendar year. Events must be held on consecutive days and at the same location or additional licenses will be required. The license is automatically terminated upon closing of the last day of the event or the expiration of the license, whichever occurs first. The qualified organization must receive at least 25 percent of the gross revenues from the special event. Pursuant to state law, a person desiring a special event liquor license must request a special event application from the Department of Liquor Licenses and Control (DLLC). The applicant then must file the application with the town for events occurring within the town's limits. The town may then recommend approval or disapproval ofthe special event liquorlicense. If the special event liquor license application is approved by the Town Council, and the event meets the requirements for granting the license, the director of the DLLC will issue the special event liquor license to the qualifying organization. If the application is disapproved by the Town Council, the DLLC will normally not consider the application. . Attached is the special event liquor license application for the Senior Prom special event to be held on January 19, 2013 at the Marana Health Center. ATTACHMENTS: Name: Description: Type: � Regular Couneil Meeting - December 18, 2012 - Page 94 of 163 Liauor license for Snecial Event SAACA Redacted.adf LL Application SAACA Backup Material Staff Recommendation: Staff recommends approval of this special event liquor license application. Suggested Motion: OPTION l: I move to recommend approval of the special event liquor license application submitted by the Southern Arizona Arts and Cultural Alliance for the Senior Prom event to be held at the Marana Health Center on January 19, 2013. OPTION 2: I rnove to recommend disapproval of the special event liquor license application submitted by the Southern Arizona Arts and Cultural Alliance for the Senior Prom event to be held at the Marana Health Center on January 19, 2013. Regular Council Meeting - December 18, 2012 - Page 95 of 163 � +�t � � � �. w � �� r � � � � �� =�a � � �<�� , � ,�� z� �. �� i `�� -az��a� � � , '� �, � � �L �' �S� d � �� ; \ �� \� � *� � ',� � �,�� .� ° >. :� � �r� 1 E d . . � � ��. � �� .� . f � �� 6A� R� {�� jl � � � � � � .�. A. ..�. $ .. . � fD 3 ..A ` s�fs..{r ��.�a,,. � • ' " � ' 1 . � " • � .� s � � 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, December 18, 2012, 7:00 AM To: Mayor and Council From: Jocelyn Bronson, Town Clerk Strategic Plan Focus Area: Not Applicable Item L 3 Subject: Relating to Liquor Licenses; recommendation to the Department of Liquor Licenses and Control regarding the special event liquor license application submitted by the PGA Tour, Inc. for the Professional Golf Tournament to be held beginning February 18 through 24, 2013 located at 6501 W. Boulder Bridge Pass, Marana, AZ 85658 Discussion: The attached application is for a special event liquor license submitted by the Leonard D. Brown, Jr. on behalf of the PGA Tour, Inc. A special event liquor license is a temporary, non-transferable, on-sale retail privileges liquor lieense that allows a charitable, civic, fraternal, political or religious organization to sell and serve spirituous liquor for consumption only on the premises where the spirituous liquor is sold and only for the period authorized on the license. Qualifying organizations will be granted a special event license for no more than 10 days in a calendar year. Events must be held on consecutive days and at the same location or additional licenses will be required. The iicense is automatically terminated upon closing of the last day of the event ar the expiration of the license, whichever occurs first. The qualified organization must receive at least 25 percent of the gross revenues from the special event. Pursuant to state law, a person desiring a special event liquor license must request a special event application from the Department of Liquor Licenses and Control (DLLC). The applicant then must file the application with the town for events occurring within the town's limits. The town may then recommend approval or disapproval of the special event liquor license. If the special event liquor license application is approved by the Town Council, and the event meets the requirements for granting the license, the director of the DLLC will issue the special event liquor license to the qualifying organization. If the application is disapproved by the Town Council, the DLLC will normally not consider the application. Attached is the special event liquor license application for the Professinal Golf Tournament from the PGA Tour, Inc. ATTACHMENTS: Name: Description: Type: 0 PGA Tour Aaulication 20121213.odf PGA Tour Appliction Backup Material Regular Council Meeting - December 18, 2012 - Page 100 of 163 Staff Recommendation: Staff recommends approval of this special event liquor license application. Suggested Motion: OPTION 1: I move to recommend approval of the special event liquor license application submitted by the PGA Tour, Inc. for the Professional Golf Tournament being held on February 18, 2013 through February 24, 2013. � OPTION 2: I move to recommend disapproval of the special event liquor license application submitted by the PGA Tour, Inc. for the Professional Golf Tournament being held on February 18, 2013 through February 24, 2013. Regular Council Meeting - December 18, 2012 - Page 107 of 163 ARlZONA DEPARTMENT 4F LfQUOR LICENSES & CONTROL 800 V11 Washington 5th Floar Phoe.nix, Arizona 85Q07-2934 ,, , 4 � � _ ,� ; : ^ � ,� �� (602) 542-5141 - APPLIGATION ��R $PE�Lp►L `EV�NT LICENSE Fee =$25 OO per day for '1-14 day events anly A service fee of $25.00 will be char ed foK.aN .dishonpred<checks A.R.S. 44-6852 NOTE THIS DOCUMENT MUST BE FULLY C4MPLET�D OR IT WILL BE RETURNED. PLEASE ALLOW 10 BUSINESS �AYS FOR PROCESSING. DLLC USE ONLY **Application must be approved by local government before submission to LIC�NSE # Department af Liquor Licenses and Controt. (Section #20) ` 1. Name of Organization: P�A TouR, mc. 2. Non-Profit/I.R.S. Tax Exempt Number: 52-osss2os 3. The organization is a: (check one box oniy) ❑ Charitable ✓0 Fraterna! (must have regular membership and in existence for over 5 years) ❑ Civic ❑ Religious ❑ Political Party, Ballot Measure, or Campaign Committee 4. What is the purpose of this event?0 on-site consumption ❑ off-site consumption (auction) ❑ both Professional Golf Tournament 5. Location of the event 6501 W 8oulder Bridge Pass Marana p�ma $ Address of physical location (Not P.O. Box) City Couniy Z�p Applican# must be a member of the aualifvinq orqanization and authorized bv an Officer, Director or Ghairperson of the Oraanization named in Question #1 (Sianature reautred in section #181 Brown, Jr. Leonard �• 6. Applicant: M;ddie oate of airt Last First 7. Applicant Mailing Address: 100 PGA TOUR Boulevard Ponte Vedra Beaoh FL szoa2 Street City State Z�n 520 572-8000 � 9oa � 285-3700 ( 904 � 303-9525 8. Phone Numbers: ( ) a t�cant Home # Site Owner # Applicant's Business # Pp � 9. DatB(S} 8c HOUCS Of EV2flt: (see A.R.S. 4-244(15) and {17) for legal hours of service} Date Day of Week Hours from A.M./P.M. To A.M./P.M. February 18, 2013 Monday 7:00 AM 6:00 PM Day 1: 6:00 PM Day 2: February 19, 2013 Tuesday 7:OQ AM Da 3: February 20, 2013 Wednesday 7:00 AM 6:00 PM y 7:00 AM 6:00 PM Day 4: February 21, 2013 Thursday Day 5: February 22, 2013 Friday 7:00 AM 6:00 PM Day 6: February 23, 2013 Saturday 7: aM 6:00 PM Day 7: February 24, 2013 Sunday 7:00 AM 6:00 PM Day 8: Day 9: Day 40; *Disabled individuals requiring speciat accommodations, please call (602) 542 Se�tember 2011 egular Council Meeting - December 18, 2012 - Page 102 of 163 � �� .,ao t° �• �s � - �� •. t .� �a e • "• � � � s • � y _ � s � ; - • e . � r • �� . �1 » « M i , a� . � , . . . . ,� � � . o �♦ ^� ! t> �' ° s � • y o. s�•� a�^ a a s�^ � s� �� .�� •t � .• e--s• ^ a s s�� °- s��r `• �s ��• !i'. e� ' t e�� . - - » . � � � � � > > �" � .. � 11 � Bl " aI' • « t ° � �t� �� .�t �s �a ...� � e t. �• . . V ; . $. ..+ . ;.a.n , . � o• i . : sat . ;. c a + ��• r , , ; � � y� � • � � • �: s ��:z a : .�- w ,. . � „ � � •.- i •�a a a '. 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B * •. . e 9 •- �. . .�� . . �T � .�+er�fly� ��.� � ��.ayv.� � 11« - Regular Council Meeting - December 18, 2012 - Page 705 of 163 SPECIAL EVENT LICENSED PREMISES DIAGRAM {This diagram must be compieted with this application) Special Event Diagram: (Show dimensions, serving areas, and label type of enclosure and security positions) NOTE: Show nearest cross streets, highway, or road if location doesn't have an address. � Regular Council Meeting - December 18, 2012 - Page 106 of 163 Regular Councit Meeting - December 18, 2012 - Page 107 of 163 �ClS�lr� t�C�� ' �j�.s- u.n Hr �serm L0081C2/b wa�.+��a-xiru-�sw.e•n�asoca.e.�x�a ow.5.�a .Regular Council Meeting - December 18, 2012 - Page 108 of 163 ��: ;; �1, �. _, � o�� :�� :� ` �� ►Y: \ \. _Y � �_. �.-� .� �- .`.. ��+ m oa cs m C1+ t2ir eS ee-> -� � , I Y � ' � p . ' -_ _ � ° ""��_"' . 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CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, December 18, 2012, 7:00 PM To: Mayor and Council From: Jocelyn Bronson, Town Clerk Strategic Plan Focus Area: Not Applicable Item L 4 Subject: Relating to Liquor Licenses; recommendation to the Department of Liquor Licenses and Control regarding the special event liquor license application submitted by Tucson Conquistadores, Inc. for Friday, February 22, 20121ocated at 12100 N. Dove Mountain Boulevard, Marana, AZ 85658 Discussion: The attached application is for a special event liquor license submitted by the Tucson Conquista.dores, Inc. for an event to be held on Friday, February 22, 2013 located at 12100 N. Dove Mountain Blvd, Marana, AZ 85658. A special event liquor license is a temporary, non-transferable, on-sale retail privileges liquor license that allows a charitable, civic, fraternal, political or religious organization to sell and serve spirituous liquor for consumption only on the premises where the spirituous liquor is sold and only for the period authorized on the license. Qualifying organizations will be granted a special event license for no more than 10 days in a calendar year. Events must be held on consecutive days and at the same location or additional licenses will be required. The license is automatically terminated upon closing of the last day of the event or the expiration of the license, whichever occurs first. The qualified organization must receive at least 25 percent of the gross revenues from the special event. Pursuant to state law, a person desiring a special event liquor license must request a special event application from the Department of Liquor Licenses and Control (DLLC). The applicant then must file the application with the town far events occurring within the town's limits. The town may then recommend approval or disapproval of the special event liquor license. If the special event liquor license application is approved by the Town Council, and the event meets the requirements for granting the license, the director of the DLLC will issue the special event liquor license to the qualifying organization. If the application is disapproved by the Town Council, the DLLC will normally not consider the application. Attached is the special event liquor license application from the Tucson Conquistadores, Inc. for Friday, February 22, 2013. ATTACHMENTS: Name: Description: Type: � Tucson Conquistadores App Backup Material Tucson Conauistadores Aonlication 20121211.adf Regular Councit Meeting - December 18, 2012 - Page 114 of 163 Staff Recommendation: Staff recommends approval of this special event liquor license application. Suggested Motion: OPTION 1: I move to recommend approval of the special event liquor license application submitted by Tucson Conquistadores, Inc. to be held on Friday, February 22, 2013. . OPTION 2: I move to recommend disapproval of the special event liquor license application submitted by Tucson Conquistadores, Inc. to be held on Friday, February 22, 2013. Regular Council Meeting - December 18, 2012 - Page 115 of 163 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL NOTE: THIS DOCUMENT PLEASE AL '�*Application must be approved by loca! government befo� su�mission to Department of Liquor Licenses and ControL (Section #20) �"�_�' 2. Non-Profit/i.R.S. Tax Exempt Number: 20-2�32sa4 IT WI�L BE RETURNED. �CESSING. 3. The organization is a: (check one box only) ❑✓ Charitabie � Fratemai (must have regular membership and in existence for over 5 years) ❑ Civic [] Religious ❑ Political Party, Ballot Measure, or Campaign Committee 4. What is the purpose of this event? ,✓n on-site consumption ❑ off-site consumption (auction) ❑ both 5. Location of the event: 12�ao rv. �o�e nnounta�n eouie�a�a Marana Pima 8585s Rddress of physical location (Not P.O. Box) City Courity Zip Applicant must be a member of the pualifvina orqanization and authorized bv an Officer. Director or Chairnerson of the Orqanization named in Question #1. ISianature required in section #18) 6. A�p{ICAttt: eerwidc �ames A. Last First Middle Date of Birth 7. Applicant's Ma'rling Address: 45�s E. cam� �owe�i or. Tu�on az as�,2 Street City State Zip 8. Phone Numbers: ( ) � 520 } 745-2300 Site Owner # Applicant's Business # 9. Dat@(S) & HOUPS Of EV@flt: (see A.R.S. 4-244(15) and (17) for legal hours of service} � 520 � ssaoss� ApplicanYs Home # Date Day of Week Hours fram A.M./P.M. To A.M.lP.M. Day 1: 2�22/2013 Friday 3:00 P.M. 11:59 P.M. Day 2: Day 3: Day 4: Day 5: Day 6: Day 7: Day 8: Day 9: Day 10: SQ h � *Disabled individuals requiring s�eciAl accommodations, please calt (602) 542-9027 rR'�u �f�o��il IVleeting - December 18, 2012 - Page 116 of 163 1. Name of Organization: T��n c�nau�s�ao�es tna 10. Has the applicant been convicted of a felony in the past five years, or had a liquor license revoked? [] YES � NO {attach exptanation if yes} 11. This organization has been issued a special event license for ° days this year, including this event (not to exceed 10 days per year). 12. Is the organization using the services of a promoter or other person to manage the event? Q YES � NO If yes, attach a copy of the agreement. 13. List all people and organizations who will receive the proceeds. Account for 100% of the proceeds. THE ORGANIZATION APPLYING MUST RECENE 25% OF THE GROSS REVENUES OF THE SPECIAL EVENT LIQUOR SALES. Narpe Tucson Conquistadores, Inc. 100% Pe�entage Address 6450 E. Broadway Blvd., Tucson, Arizona 85710 Name Perarrtage Addres� (Attach addi6onal sheet if necessary) 14. Knowledge of Arizona State Liquor Laws Title 4 is important to prevent liquor law violations. If you have any questions regarding the iaw or this application, please contact the Arizona State Department of Liquor Licenses and Control for assistance. NOTE: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO A�COHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT PREMISES." 15. What security and con#rot measures will you take to prevent violations of state liquor laws at this event? (List type and number of security/police personnel and type of fencing or control barriers if app6cable) � # Police Q Fencing 12 # Security personnel � Barriers Security measures include temporary security fencing plus the building's walls, doors, etc. as the othersecuriiy barriers 16. Is there an existing liquor license at the location where the speciat event is being held? If yes, does the existing business agree to suspend their liquor license during the time period, and in the area in which the special event license will be in use? (ATTACH CUPY OF AGREEMENT) � YES ❑✓ NO ■ ■ � S— ) Name of Business Phone Number 17. Your licensed premises is that area in which you are authorized to sell, dispense, or serve spirituous liquors under the provisions of your license. The following page is to be used to prepare a diagram of your special event licensed premises: Please show dimensions, senring areas, fencing, barricades or other control rrteasures and security positions. " PLEASE SEE ATTACHED SITE PLANS Regular Council Meeting - December 18, 2012 - Page 117 of 163 SPECIAL EVENT LICENSED PREMISES DIAGRAM (This diagram must be completed with this application) Special Event Diagram: (Show dimensions, senring areas, and label type of enclosure and security positions) iVOTE: Show nearest cross streets, highway, or road if location doesn't have an address. Regular Council Meeting - December 18, 2012 - Page 118 of 163 SERIES 15 SPECIQL EVENT LICENSE (Temporaryj Non-transferabte On-sale retail privileges PURPOSE• Allows a charitable, civic, fraternai, potitical or religious organization to sell and serve spirituous liquor for consumption only on the premises where the spirituous liquor is sold, and only for the period authorized on the license. This is a temporary license. ADDITIONAL RIGHTS AND RESPONSIBILITIES: The applicant for a special event license must request a special event application from the Department and file the applicatian with the governing body of the city or town, or Board of Supervisors of an unincorporated area of a county {where the speciai event is to take place) for approval or disapproval. Some local governing bodies may require approximately 60 days prior notice. If the application is approved by the local authority, and the event meets the requirements for granting the license, the Director will issue a special event license to the qualifying organization. Qualifying organizations will be granted a special event license for no rnare than ten {10) days in a calendar year. Events must be heid on consecutive days and at the same location or additional licenses will be required. The license is automaticaily #erminated upon closing of the last day of the event or #he expiration of the license, whichever occurs first. The qua{ified organization must receive at least twenty-five percent (25 %) of the gross revenues of the special event liquor sales. A person selling spirituous liquor under a special event license must purchase the spirituous liquor from the holder of a ticense authorized to sell off-sale; except thaf, in the case of a non-profit organization which has obtained a special event license for the purpose of charitable fund raising activities, a person may receive the spirituous liquor from a wholesaler as a donation. AVERAGE APPR�VAL TIME: One (1) to seven (7) days. PERIOD OF tSSUANCE: Issued for no more than a cumutative total of ten (10) days in a calendar year. A special event may be held for more than one (1) day, but it must be held on consecutive days and at the same location or additional liaenses will be required. FEES: $25.00 per day. ARIZONA STATUTES AND REGULATfONS: ARS 4-203.02, 4-244, 4-261; Rule R19-4-228, R19-1-235, R19•1-309. Disabled individuais reqwiring special accommodations pleas� cali (602j 542-9027 Regular Council Meeting - December 18, 2012 - Page 120 of 163 �Y [�a�t , � - � ��^ < j �¢ � � �� ! ,� ! � t ------- -- n..�.. � � t x ��c a .! .,.F �� ;. � � � �� L Z L". � l' �.t3S189MI�YH Y8 ' av wmwvn •a wia�n�i � vine wr�par dwa ro�w L9t 'ON itl018 -- 13lItlYlY ,Otl�/0� M�i Y � (�� 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, December 18, 2012, 7:00 PM To: Mayor and Council From: Jocelyn Bronson, Town Clerk Strategic Plan Focus Area: Community Item B 1 Strategic Plan Focus Area - Additional Information: This action aligns with the goal of having citizens involved and connected with the town to help provide a safe and viable community. Subject: Resolution No. 2012-104: Relating to Boards, Commissions and Committees; making Town Council appointments to the Town of Marana Utilities Board; appointing the chair of the Utilities Board from among its membership Discussion: Chapter 16-1 of the Marana Town Code creates the Town of Marana Utilities Board. Pursuant to the Code, the Utilities Board shall manage and operate the water, wastewater, street lights, electric and other utility functions of the town, while the Utilities Director maintains responsibility for the daily operations of the utilities of the Town. Section 16-1-2 of the Code provides that the Utilities Board is a seven-member Board consisting of the Utilities Director, the Finance Director, two Town employees appointed by the Town Manager and three Council-appointed members who are either Town residents or utility customers of the town. The Town Manager has appointed Deputy Town Manager Del Post and Assistant Public Works Director Ryan Benavidez to serve on the Board, along with Utilities Director John Kmiec and Finance Director Erik Montague. Town staff solicited applications for the Council-appointed members of the Utilities Board and received applications from Brad DeSpain, Eliot Longacre and Jeff Biggs. The applications have been provided to the Council for review. The applicants meet the requirements outlined in the Town Code for appointment to the Board. Pursuant to Section 2-6-2(E) of the Code, at tonight's meeting the Council may do one or more of the following: 1. Interview one or more applicants either in public or in an executive session scheduled for that purpose. (An executive session has been scheduled on tonight's agenda for interviewing candidates should the Council desire to do so.) 2. Make one or mare appointments. 3. Order the solicitation of additional applications. 4. Take any other action it deems appropriate. If appointed, the Council-appointed members shall serve four-year terms. Regular Council Meeting - December 18, 2012 - Page 122 of 163 Additionally, Section 16-1-2 of the Code provides that the Council shall choose the chair of the Board from among its seven members. ATTACHMENTS: Name: Description: Type: � Resolution Council aoaointments to Utilities Board resolution 104 (00032387).doc Staff Recommendation: Resolution Staff has reviewed the applications for Council appointments to the Town's Utilities Board and recommends that Brad DeSpain, Eliot Longacre and Jeff Biggs be appointed to the Town's Utilities Board. Suggested MoNon: I move to adopt Resolution No. 2012-104, appointing Brad DeSpain, Eliot Longacre and Jeff Biggs to the Town's Utilities Board and appointing as the chair of the Utilities Board. Regular Council Meeting - December 18, 2012 - Page 123 of 163 MARANA RESOLUTION NO. 2012-104 RELATING TO BOARDS, COMMISSIONS AND COMMITTEES; MAKING TOWN COUNCIL APPOINTMENTS TO THE TOWN OF MARANA UTILITIES BOARD; APPOINTING THE CHAIR OF THE UTILITIES BOARD FROM AMONG ITS MEMBERSHII' WHEREAS Section 16-1-1 ofthe Marana Town Code establishes the Town of Marana Utili- ties Board; and WHEREAS Section 16-1-2 ofthe Code provides that the Utilities Board shall consist ofthe Town Utilities Director, two Town employees appointed by the Town Manager, the Town Finance Director and three Council-appointed members who are either Town residents or utility customers of the Town; and WHEREAS the Town Manager has appointed Deputy Town Manager Del Post and Assistant Public Works Director Ryan Benavidez as the two Town Manager-appointed employee members; and WHEREAS Section 16-1-2 provides that the Council shall choose the chair of the Utilities Board from among its membership; and WHEREAS the Mayor and Council find that the appointments addressed by this resolution are in the best interest of the Town and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF TI-� TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. Brad Despain, Eliot Longacre and JeffBiggs are hereby appointed to the Town of Marana Utilities Board effective immediately and shall each serve four-year terms. SECTION 2. is hereby appointed as the Chair of the Town of Marana Utilities Board. Marana Resolution 2012-104 -1 - Regular Council Meeting - December 18, 2012 - Page 124 of 163 SECTION 3. The Town's Manager and staff are hereby directed and authorized to under- take all other and further tasks required or beneficial to carry out the terrns, obligations, and objec- tives of this resolution. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF TI� TOWN OF MARANA, ARIZONA, this 18�' day of December, 2012. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution 20t2-104 - 2 - Regular Council Meeting - December 18, 2012 - Page 125 of 163 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, December 18, 2012, 7:00 PM To: From: Mayor and Council Jocelyn Bronson, Town Clerk Strategic Plan Focus Area: Not Applicable Item B 2 Subject: Resolution No. 2012-105: Relating to Boards, Commissions and Committees; approving and authorizing the re-appointments of Scott Mundel and Marsha Regrutto to the District Board of the Red Hawk Canyon Community Facilities District No. 2 Discussion: Pursuant to the Amended and Restated Development Agreement and Intergovernmental Agreement of Red Hawk Canyon, the District Manager for the Red Hawk Canyon Community Facilities District Na 2 is petitioning the Council to approve the re-appointments of Scott Mundell and Marsha Regrutto. These board members' terms are set to expire in January, 2013. ATTACHMENTS: Name: Description: � Resolution Red Hawk Canuon CFD Re- resolution 105 appointments.doc 1� Red Hawk CFD Petition.odf Staff Recommendation: Petition for Re-appointments Type: Resolution Baekup Material Staff recommends aodption of Resolution No. 2012-105, approving the District Manager's Re- appointments. Suggested Motion: I move to adopt Resolution No. 2012-105, approving and authorizing the re-appointments of Scott Mundell and Marsha Regrutto to the District Board of the Red Hawk Canyon Community Facilities District No. 2 RegularCouncil Meeting - December 18, 2012 - Page 126 of 163 MARANA RESOLUTION NO. 2012-105 RELATING TO BOARDS, COMMISSIONS AND COMMITTEES; APPROVING AND AUTHORIZING THE RE-APPOINTMENTS OF SCOTT MUNDELL AND MARSHA REGRUTTO TO THE BOARD OF DIRECTORS OF RED HAWK CANYON COMMUNITY FACILIT'IES DISTRICT NO. 2. WHEREAS the Town Council, upon forming the Red Hawk Canyon I& II and Dove Mountain Community Facilities Districts appointed the initial board of directors; and WHEREAS the Town Council is responsible for subsequent appointments to the board of directors; and WHEREAS the two directors of Red Hawk Canyon Community Facilities District (CFD) No. 2 have terms which will expire in January, 2013; and WHEREAS the developer, through the CFD's district manager, has petitioned the Town Council to re-appoint Scott Mundell and Marsha Regrutto to additional four-year terms.; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA that Scott Mundell and Marsha Regrutto shall be re-appointed to the board of directors of the Red Hawk Canyon Community Facilities District No. 2 for additional four-year terms to expire in January, 2017. PASSED AND ADOPTED BY THE MAYOR AND CQUNCIL OF THE TOWN OF MARANA, ARIZONA, this 18'� day of December, 2012. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution No. 2012-105 Mayor Ed Honea Regular Council Meeting - December 18, 2012 - Page 127 of 163 0 PETITION FOR AFPOINTMENT OF DISTRICT BOARD MEMBERS FOR RED HAWK CANYON COMMUNITY FACILITIES DISTRICT NO. 2 (TOWN OF MARANA, ARIZONA) TO: Clerk, Town of Marana, Arizona The undersigned District Manager for the Redhawk Canyon Community Facilities District, No.2, acting pursuant to the Amended and Restated Development Agreement and Intergoverntnental Agreement (Red Hawk Canyon), Docket 9969, Page 1923, 1/30/95, respectfully petitions the Honora.ble Town Council of the Town or Marana, Arizona to appoint the following District Board Members. Article 5— Organization and Operation of the llistricts — 5.1_ Appointment of Boards of Directors. The initial rnembers of the District Board shatl be those individuals names in the apptica.ble Resolution and acceptable to Developer (the "District Board Members"). In the event of a vacancy occurring on the expiration of the term of an appointed District Board Member or upon the death, resignation or inability of a District Board Mernber to discharge the duties of such office, the District shall notify the Developer of such vacancy and give the Developer a reasonable opportunity� to recommend candidates for appointment to fill the vacancy and to advise and consult the Town in connection therewith. After considering the general qualifications of any candidates recommended by the Developer, the Town shall pramptly appoint a new District Board Member. Pursuant to the above Article in the Amended and Restated Development Agreement and Intergovernmental Agreement, the Developer (Cottonwood Properties), hereby recommends and requests approval of the following: Re-Appointment of the Scott Mundell and Marsha Regrutto whose term is set to expire, January, 2Q13, to serve an additianal four (4) year term. 1 of 2 Regular Council Meeting - December 18, 2012 - Page 128 of 163 Submitted and effective this 3rd day of December, 2012. Red Ha any om �n' cilities District, No. 2 I By Patti Jo Lewis, istrict anager STATE OF ARIZONA COUNTY OF PIMA The foregoing instrument was acknowledged before me this 3rd day of December, 2012 by Patti Jo Lewis, Dist�ict Mana er, fo �Red Hawk Canyon Community Facilities District, No.2. � � My commission expires: ��1�`�� ,� + CMELSEA COBIE ' . Notary Public - Arizona , Pima Cnunty •, •�~ My Comm. Expires Oct 14, 2013 2 af 2 Regular Council Meeting - December 18, 2012 - Page 129 of 163 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, December 18, 2012, 7:00 PM To: Mayor and Council From: Kevin Kish, AICP, Planning Director Strategic Plan Focus Area: Community Item B 3 Strategic Plan Focus Area - AddiNonal Information: The Strategic Plan II, under the Community focus area, includes Initiative 9- Improve community engagement. Subject: Resolution Na. 2012-106: Relating to Boards, Commission and Committees; removing Commissioner Michael Wiles from the Town of Marana Planning Commission Discussion: The Planning Commission is established as an advisory commission to the Mayor and Council. As such, its function is to hear and consider matters of a legislative nature and of policy. Attendance is expected to allow the members of the Planning Commission the ability to hear and decide on the planning cases brought before them. Sitting Commissioner Michael Wiles has missed over 50% of the Commission meetings since his appointment in October 2008. In the last 13 meetings, Commissioner Wiles has been absent eight times, Staff understands that conflicts and illnesses come up, but the Commission meets at a regularly scheduled time -- the last Wednesday of the month -- and staff would expect commissioners to schedule around that date whenever possible. The Bylaws of the Planning Commission provide that Commissioners are expected to attend all regular and special meetings. Moreover, Section 2-6-2 of the Town Code provides that a member of any board, commission, or committee may be removed from office with or without cause by a majority vote of the Town Council. Staff is recommending that Commissioner Michael Wiles be removed from the Planning Commission because he has been absent more that he has attended. ATTACHMENTS: Name: Description: Type: � resolution 106 Resolution Resolution 106 relatina to board removal af inember.DOC Staff Recommendation: Staff recommends that the Cauncil remove Commissioner Michael Wiles from the Planning Commission. Regular Council Meeting - December 18, 2012 - Page 130 of 163 Suggested Motion: I move to adopt Resolution No. 2012-106, removing Commissioner Michael Wiles from the Planning Commission. Regular Couneil Meeting - December 18, 2012 - Page 131 of 763 MARANA RESOLUTION NO. 2012-106 RELATING TO BOARDS, COMMISSIONS AND COMMIT`TEES; REMOViNG COIVIlVIISSION- ER MICHAEL WILES FROM THE TOWN OF MARANA PLANNING COMMISSION WHEREAS the Town of Marana Planning Commission is a seven-member advisory body created by the Town Council pursuant to A.R.S. §9-461.02 that meets on a monthly basis and makes recommendations to the Council on matters relating to zoning and land development; and WHEREAS since being appointed to the Planning Commission in October 2008, Commis- sioner Michael Wiles has missed over 50% of thePlanning Commission's meetings and has missed eight of the Commission's last 13 meetings; and WHEREAS the Citizen Advisory Commissions Handbook adopted by Council via Ordinance No. 2008.15 provides that an appointed member of any Commission who is absent witnout prior ex- cuse from three or more consecutive scheduled meetings or from more than one-half the meetings in any one calendar year, will be considered to have resigned; and WHEREAS section I.C.2 ofthe Planning Commission Bylaws provides that itis the respon- sibility of Commission members to attend all regular and special meetings; and WHEREAS Section 2-6-2(G} of the Marana Town Code provides that a member of any board, commission, or committee may be removed from office with or without cause by a majority vote of the Town Council; and WHEREAS the Town Council finds that the removal of Commissioner Michael Wiles from office is in the best interests of the town and its citizens. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that Commissioner Michael Wiles is hereby removed from the Town of Marana Planning Commission. Marana Resolution No. 2012-106 - 1- Regular Council Meeting - December 18, 2012 - Page 132 of 163 BE IT FURTHER RESOLVED that the Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obli- gations, and objectives of this resolution. PASSED AND ADOPTED BY TI� MAYOR AND COUNCIL OF TI� TOWN OF MARANA, ARIZONA, this 18�' day of December, 2012. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution No. 2012-106 - 2- Regular Council Meeting - December 18, 2012 - Page 133 of 163 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, December 18, 2012, 7:00 PM To: Mayor and Council Item A 1 From: Erik Montague, Finance Director Strategic Plan Focus Area: � Commerce, Community, Heritage, Progress and Innovation, Recreation Subject: PUBLIC HEARING: Relating to Alternative Expenditure Limitation (Home Rule Option) Discussion: In 1985 and every four years thereafter, the residents of the Town of Marana voted to adopt a local alternative expenditure limitation, also known as the Home Rule Option. Under the Home Rule Option, total expenditures for the Town are determined at the time of budget adoption and may exceed those imposed by the State of Arizona. Without the Home Rule Option, Town expenditures may not exeeed those set forth by the State. The State's limitation is determined by an expenditure base that was established in 1979-80, adjusted for inflation and population growth over the years. When approved by the voters, the Home Rule Option is in effect for four consecutive years. With Council approval, residents of the Town will be asked to vote on the Home Rule option on May 21, 2013. If the ballot measure passes, the Home Rule Option will take effect for fiscal years 2013-14 through 2016-17. Voter approval of the Home Rule Option is critical to the Town of Marana and its ability to provide services to its residents. To illustrate this point, the State's iimitation, excluding estimated constitutionally excludable expenditures, for fiscal year 2012-13 is $14,276,018 while the Town's expenditure limitation under the current Home Rule Option is $81,980,583. Estmiated local revenues for the General Fund alone were budgeted to be $31,720,531 whieh exceeds the base State limiation. The above illustration clearly describes the importance of the Home Rule Option. Without the Home Rule Option, the Town would be mandated to cut expenditures and services like streets maintenance, public safety, cornmunity development, and parks and recreation programs to cornply with the State imposed limitation despite receiving revenues well in excess of the limitation. The State's expenditure limitation, excluding estimated constitutionally excludable expenditures, is expected to be $15,73I,879 in 2013-14, $16,541,576 in 2014-15, $17,448,728 in 2015-16, $18,421,082 in 2016-17. The attached worksheets provide a more detailed analysis of the aforementioned calculations. Prior to scheduling an election for Home Rule, the Council must conduct at least two public hearings. This meeting constitutes the first of two public hearings. The second public hearing will be held on January 15, 2013, after which the Council may consider the adoption of a resolution authorizing Regular Council Meeting - December 18, 2012 - Page 134 of 163 the Home Rule Option to be submitted to the voters of the Town of Marana. ATTACHMENTS: Name: Description: Type: a 2013 Summarv Summarv Analvsis Draft.adf Altema6ve Expenditure Limitation_Summary Analysis_Draft Backup Material � 2013 Summarv Detailed Analvsis Draft.pdf Altemative Expenditure Limitation_Detailed Analysis Draft Backup Mate�al Staff Recommendation: None. Public hearing only. Suggested Motion: None. Public hearing only. Regular Council Meeting - December 18, 2012 - Page 135 of 163 ALTERNATIVE EXPENDITURE LIMITATION (Home Rule Option) SUMMARY ANALYSIS The voters of the Town of Marana in May 19, 2009 adopted an alternative expenditure limitation (Home Rule Option). The purpose of this election is for the continued use of the Home Rule Option.) Pursuant to the Arizona State Constitution, the Town of Marana seeks voter approval to adopt a Home Rule Option to apply to the town for the next four years beginning in 2013-2014. Under a Home Rule Option if approved by the voters, the city/town estimates it will be allowed to expend approximately $94,495,273 in 2013-2014, $122,324,529 in 2014-2015, $116,488,336 in 2015- 2016, and $138,626,117 in 2016-2017. With approval of the Home Rule Option, the city/town will utilize the expenditure authority for all local budgetary purposes including general government, public safety, highways and streets, development services, community development, parks and recreation, water and wastewater utility, airport and capital improvements plan. Under the state-imposed Iimitation the city/town estimates it will be allowed to expend approximately $43,980,055 in 2013-2014, $61,269,348 in 2014-2015, $58,412,733 in 2015- 2016, and $72,405,651 in 2016-2017 for the operation of your local government. These expenditure estimates include expenditures of constitutionally excludable revenues. The amount of revenue estimated to be available to fund the operation of your city/town government is $94,495,273 in 2013-2014, $122,324,529 in 2044-2015, $116,488,336 in 2015- 2016, and $138,626,117 in 2016-2017. These revenue estimates are the same under the Home Rule Option or the state-imposed expenditure limitation. (The city/town property tax shall be limited to the amount prescribed in the Arizona State Constitution.) Any and all dollar figures presented in this surnmary are estimates only and are based upon information available at the time of preparation of this analysis. The budget and a�tual expenditures in any of the four years may be more or less than the expenditures noted above depending on available revenue. If no alternative expenditure limitation is approved, the state-imposed expenditure limitation will apply to the city/town. Page 1 of 2 RegularCouncil Meeting - December 18, 2012 - Page 136 of 163 ALTERNATIVE EXPENDITURE LIMITATION (Home Rule Option) SUMMARY ANALYSIS WORKSHEET POPULATION FACTOR COMPUTATION Fiscal Year 2013-2014 2014-2015 2015-2016 2016-2017 STATE-IMPOSED EXPENDITURE LFMITATION Fiscal Year 2013-2014 2014-2015 2015-2016 2016-2017 Year 1978 Population Population / Population = Factor 38,200 1,425 26.8070 39,550 1,425 27.7544 41,060 1,425 28.8140 42,660 1,425 29.9368 Projected State- Imposed 1979-80 Population Inflation Expenditure Estimated Base Limit x Factor x Factor = Limitafion + Exclusions = $ 202,239 26.8070 2.9018 $15,731,879 $28,248,176 202,239 27.7544 2.9470 16,541,576 44,727,772 202,239 28.8140 2.9943 17,448,728 40,964,005 $ 202,239 29.9368 3.0426 $18,421,082 $53,984,569 Total Expenditures Under State- imposecf Limit $43,980,055 61,269,348 58,412,733 $72,405,651 Page 2 of 2 Regular Council Meeting - December 18, 2012 - Page 137 of 163 ALTERNATIVE EXPENDITURE IIMITATION (Home Rule Option) DETAILED ANALYSIS Pursuant to the Arizona State Constitution, the Town of Marana as authorized by Resolution No. passed on , 20 will seek voter approval to adopt an altemative expenditure limitation (Home Rule Option) to apply to the CitylTown for the next four years beginning in 2013-2014. Under a Home Rule Option if approved by the voters, the city/town estimates it will be allowed to expend approximately $94,495,273 in 2013-2014, $122,324,529 in 2014-2015, $116,488,336 in 2015-2016, and $138,626,117 in 2016-2017. With approval of the Home Rule Option, the city/town will utilize the expenditure authority for all local budgetary purposes including general government, public safety, highways and streets, development services, community development, parks and recreation, water and wastewater utility, airport and capital improvements plan. We estimate that the expenditures for the next four years under the Home Rule Option will be as follows: If approved, the expenditures authorized will be funded from revenues obtained from federal, state and local sources. It is estimated that the amount of revenue from each source for the next four years will be as follows: ESTIMATED AMOUNTS OF REVENUE FROM EACH AND ANY SOURCE (The city/town property tax shall be limited to #he amount prescribed in the Arizona State Constitution). Page 1 of 2 Regular Council Meeting - December 18, 2012 - Page 138 of 163 ESTIMATED AMOUNTS TO BE EXPENDED IN SPECIFIC AREAS 1n determining the revenue sources to fund #he authorized additional expenditures under the alternative expenditure limitation, it is assumed that the federal, state and local revenues received by the city/town will continue to be available in 2013-2014 as they have for the past four years. Their continued availability is also assumed for the next three consecutive years following 2013-2014. Any and all dollar figures shown in this analysis are estimated figures only and are based upon information available at the time of preparation of this report. The budgets and actual expendi#ures in any given year may be more or less than the figures noted above depending on available revenues. The actual expenditure limitation for each fiscal year shall be adopted as an integral part of the budget for that fiscal year. Page 2 of 2 Regular Council Meeting - December 18, 2012 - Page 139 of 163 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, December 18, 2012, 7:00 PM To: Mayor and Council From: Frank Cassidy, Town Attorney Strategic Plan Focus Area: Not Applicable Item A 2 Snbject: ResolutionNo. 2012-107: Relating to Development; approving and authorizing the Mayor to execute the Sky Ranch Conveyance Agreement Discussion: The Sky Ranch subdivision plat was approved and recorded in 2004 with 20% disturbance. The project was subject to a habitat conservation plan and associated incidental take permit issued by the Department of Interior covering the Sky Ranch open space, designated as "Common Area B" on the plat. From the beginning, Common Area B was intended eventually to be transferred to the Sky Ranch Homeowners Association (the HOA). The Sky Ranch plat also included a parcel of land designated on the plat as"Parcel A," where the developer originally intended to construct and dedicate to the Town of Marana a"children's desert education center," funded with $1,000 per home assessments paid upon issuance of building permits for lots within Sky Ranch. The children's desert education center was addressed in the 2004 Sky Ranch Development Agreement, which provided that if the center was not constructed within three years, Parcel A and the fund containing the $1,000 per home assessments would be transferred to the Town of Marana. The developer of Sky Ranch is now prepared to convey Common Area B to the HOA and Parcel A to the Town. However, with the passage of time and the complexity of the open space obligations, the developer, the HOA, and Town staff have determined that all parties would be well served by entering into a"Sky Ranch Conveyance Agreement" addressing the relative rights and responsibilities of the parties. As a consequence, the parties have negotiated the agreement presented for consideration at tonight's meeting. Under the Sky Ranch Conveyance Agreement, if approved by the Council, the HOA will receive title to Common Area B and take over the developer's responsibilities under the habitat conservation plan; and the Town will receive title to Parcel A and ownership of the children's desert education center fund, and will pay some of the developer's incidental expenses associated with the children's desert education center, the habitat conservation plan, and the conveyance agreement. Financial Impact: If the agreement is approved, the Town will receive undisputed ownership of the children's desert education center fund ($240,060.19 as of November 30), and will pay incidental developer expenses of $33,667.98. Regular Council Meeting - December 18, 2012 - Page 140 of 163 ATTACHMENTS: Name: Description: Type: � Resolution 107 Skv Ranch Convevance Aareement Resolutiort 107 f000324191.doc Resolution � Skv Ranch convevance aat (final 12-11-12).doc Exh A to REso_Sky Ranch Conveyance Agt Exhibit Staff Recommendation: Staff recommends adoption of Resolution 2012-107, approving and authorizing the Mayor to execute the Sky Ranch Conveyance Agreement. Suggested Motion: I move to adopt Resolution 2012-107, approving and authorizing the Mayor to execute the Sky Ranch Conveyance Agreement. Regular Council Meeting - December 18, 2012 - Page 141 of 163 1�1ARANA RESOLUTION N0. 2012-107 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING TI-�E MAYOR TO EXECUTE TI-�E SKY RANCH CONVEYANCE AGREEMENT WHEREAS the Town of Marana approved the Sky Ranch subdivision plat and the Sky Ranch Development Agreement in 2004; and WHEREAS the Sky Ranch subdivision plat included 20% disturbance and was subject to a habitat conservation plan and associated incidental take permit issued by the Department of Interior covering the Sky Ranch open space, designated as "Common Area B" on the plat; and WHEREAS Sky Ranch Common Area B was intended eventually to be transferred to the Sky Ranch Homeowners Association (the HOA); and WHEREAS the Sky Ranch plat and the Sky Ranch Development Agreement provided for the creation and dedication to the Town of a"children's desert education center" on Sky Ranch Parcel A; and WHEREAS the children's desert education center was to be funded with $1,000 per home assessments paid upon issuance of building permits for lots within Sky Ranch; and WHEREAS the Sky Ranch Development Agreement provided for the children's desert education center fund and Parcel A to be transferred to the Town if the center was not constructed within three years; and WHEREAS, with the passage of time and the complexity of the Sky Ranch open space obligations, the developer, the HOA, and the Town have determined that all parties would be well served by entering into an agreement addressing the relative rights and responsibilities ofthe parties; and WHEREAS the Mayor and Council find that the best interests ofthe Town ofMarana and its citizens are served by the approval and execution of the proposed agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCII., OF THE TOWN OF MARANA, ARIZONA, that the "Sky Ranch Conveyance Agreement" between and among the Town of Marana, Sky Ranch Homeowners Association, Inc., Exeter LXI, LLC, and Stellar Homes Arizona, LLC, attached to and incorporated by this reference in this resolution as E�ibit A, is hereby approved, the Mayor is hereby authorized and directed to execute it for and on behalf of the Town of Marana, and the Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the agreement. Resolution No. 2012-107 - 1- 12/i i/2012 12:12 PM FC Regular Council Meeting - December 18, 2012 - Page 142 of 163 PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 18�' day of December, 2012. Ed Honea, Mayor ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Resolution No. 2012-107 - 2 - Regular Council Meeting - December 18, 2012 - Page 143 of 163 12/I i/2012 12:12 PM FC SKY RANCH CONVEYANCE AGREEMENT This Sky Ranch Conveyance Agreement ("Ageement") is made and effective as of December _, 2012, by and among the following parties: (i) Sky Ranch Homeowners Association, Inc., an Arizona non-profit corporation ("HOA"); (ii} The Town of Marana, an Arizona municipal corporation ("Marana"); (iii) Exeter LXI, L.L.C., an Arizona limited liability company ("Exeter"), and (iv) Stellar Homes Arizona, L.L.C., an Arizona limited liability company ("Stellar"), as sole beneficiary of First American Title Insurance Company Trust No. 9036 ("Trust"). 1. HOA is the "Association" as defined in that Declaration of Covenants, Conditions, Restrictions and Easements for Sky Ranch Homeowners Association recorded on June 25, 2004, at Docket 12331, page 4306, official records of Pima County, Arizona ("CC&Rs"), and as referred to in the dedication block of the Sky Ranch subdivision plat recorded June 18, 2004, at Book 58 of Maps and Plats, page 58, official records of Pima County, Arizona ("PIaY'). The CC&Rs reference and govern certain real property described in the Plat, excepting "Parcel A", as described in the Plat ("Parcel �A"). 2. Exeter, Marana and Stellar (by assignment) are parties to that Sky Ranch Development Agreement recorded on June 25, 2004, at Docket 12331, page 4286, of�icial recards of Pima County, Arizona ("Development Agreement"). The Development Agreement references and incorporates that Sky Ranch Habitat Conservation Plan and associated Incidental Take Permit issued by the Department of Interior, U.S. Fish and Wildlife Service, dated January 30, 2004 ("HCP"). 3. Exeter is the owner of Common Area "B". The Trust, of which Stellar is the sole beneficiary, is the owner of Parcel A. The HOA and Marana have requested that within fifteen days from the date of this Agreement ("Closing Date"), and subject to the terms hereof, (i) Exeter convey to the HOA, by special warranty deed, Common Area "B", and (ii) Stellar cause the Trust to convey to Marana, by special warranty deed, Parcel A. Concurrent with their execution of this Agreement, Exeter and Stellar shall deliver the deeds in the form attached as Exhibit "A" to First American Title Insurance Company ("Title Company"). 4. Stellar shall cause Title Company to issue an owner's policy of title insurance in favor of Marana with respect to Parcel A, at Stellaz's expense, with insured limits of$50,000, and subject to the matters described in the commitment for title insurance dated September 18, 2012, order no. 475-5503139. Stellaz sha11 pay escrow and recording fees with respect to the conveyance of Parcel A; Exeter and the HOA shall divide equally the escrow and recording fees with respect to the conveyance of Common Area "B". 5. By Marana's and the HOA's acceptance of the deeds described in Section 3, Stellar and Exeter shall be released from a11 responsibilities, obligations and liabilities under and with respect ta the CC&Rs, the Plat, the Development Agreement and the HCP (except, with respect to the CC&Rs, any real property subject thereto which may continue to be owned by Stellaz and/or Exeter following the Closing Date), including but not limited to those that pertain to Common Area "B", Parcel A and the construction of a the "children's desert education center" referred to in Paragraph 6 below. From and after the Closing Date, the HOA acknowledges its responsibilities as the Reserve Management Entity as defined in the HCP. Marana acknowledges that, upon the Closing Date, Exeter, Stellar and their successors, affiliates and agents, have fully performed under the Development Agreement and the HCP and are released from all further obligations thereunder. 6. Each of the parties expressly agrees that the "children's desert education center" as described and envisioned in Section 3.4 of the Development Agreement ("Education Center") shall not be constructed, and that Stellar and Exeter shall have no further financial obligations with respect to the Education Center or Parcel A. HOA specifically acknowledges that it requested Stellar and Exeter that the Education Center not be constructed. Nothing in this Ageement shall preclude the Town from using Parcel A for a public 12/04J12 Regular Council Meeting - December 18, 2012 - Page 144 of 163 park or for other municipal purposes, including, without limitation, a possible future land exchange with the HOA or some other party for the purpose of establishing a park or other municipal use on the exchange parcel. 7. The parties acknowledge that Section 3.4 of the Development Agreement provided that if construction of the Education Center was not commenced within three years after the date of the Development Agreement, a11 funds collected by the Town for the Education Center pursuant to said Section 3.4 would be transferred to the Town. The HOA, Stellar, and Exeter hereby disclaim any interest in the funds collected by the Town pursuant to Section 3.4 of tbe Development Ageement and acknowledge that the Town owns those funds and may use them in any manner consistent with Arizona law, not constrained in any way by the terms of the Development Agreement or this Agreement. Concunent with the recordation of the deed described in Section 3 of this Agreement, the Town sha11 reimburse the costs and expenses incurred by Exeter as set forth on the attached Exhibit "B," and the Town sha11 reimburse the costs and expenses incurred by Stellar as set forth on the attached Exhibit "C." 8. Each party represents that (i) this Agreement, and the performance of such pariy's obligations under this Agreement, have been duly and properly authorized, (ii) such party is legally capable to perform all of its obligations as described in this Agreement, (iii) such party is not prohibited from consummating the transaction contemplated by any law, regulation, agreement, order, or judgment applicable thereto, and (iv) it has not engaged or dealt with any broker or other person who would be entitled to any brokerage commission in connection herewith. 9. Except as provided in the attached deed, each of the HOA and Marana expressly acknowledges that the property subject thereto is conveyed "AS IS" and that neither the grantor nor its representatives or agents have made any warranties or representations, express or implied, oral or written, regarding any matter pertaining to the Property or its use, including the physical condition, environmental condition, zoning, use valuation, intended use or other condition of the Property. Each of the HOA and Marana has made thorough investigations of its respective property to the fullest extent desired, and each accepts its property in its "AS IS" condition. 10. T'his A,greement constitutes the entire understanding between the parties pertaining to the subject matter of this Agreement, and all prior ageements, representations, and understandings of the parties, whether oral or written, are superseded and merged in this Agreement. No supplement, modification, or amendment of this Agreement will be binding unless in writing and executed by the parties. No waiver of any of the provisions of this Agreement will be deemed or will constitute a waiver of any other provisions, whether or not similar, nor will any waiver be a continuing waiver. No waiver will be binding unless executed in writing by the parly making the waiver. Time is of the essence in the performance of' each and every term of this Agreement. [Signature page follows] -2- Regular Council Meeting - December 18, 2012 - Page 745 of 163 Sky Ranch Homeowners Association, Inc., Stellar Homes Arizona, I..L.C., an Arizona an Arizona non-profit corporation limited liability company : John Kennedy, its president By: Jeannette Studer, its secretary Egeter LXI, L.L.C., an Arizona limited liability company By: John B. Stiteler, its manager : Its: The Town of Marana, an Arizona municipal corporation : Attest: Its: Jocelyn Bronson, Town Clerk Approved as to Form: Frank Cassidy, Town Attorney -3- Regular Council Meeting - December 18, 2012 - Page 146 of 163 Exhibit "A" to Sky Ranch Conveyance Agreement (Special Warranty Deed) When recorded return to Exempt from Affidavit of Property Va1ue pursuant to § A.R.S. 11-1134(A)(3)1(B)(7) SPECIAL WARRANTY DEED For valuable consideration, receipt of which is hereby acknowledged, , an Arizona limited liability company ("Grantor"), conveys to ("Grantee"), the real property situated in Pima County, Arizona, as described in the attached E�ibit "A", which is incorporated by this reference, together with all appurtenant rights and privileges (collectively, the "Property SUBJECT TO: All non-delinquent taxes and other assessments, reservations in patents, reserved water rights, and all easements, rights of way, encumbrances, liens, covenants, conditions, restrictions, obligations and liabilities as may appear of record, and such facts as would be disclosed by inspection or accurate ALTA survey of the Property{including all optional Table A items). Grantor hereby warrants and defends the title to the Property, as against a11 acts of the Grantor and no others, subject to the matters above set forth. Dated: November � 2012. STATE OF ARIZONA County of Maricopa ) ) ss. ) "Grantor" , liability company : Its: an Arizona limited The foregoing was acknowledged before me this day of November, 2012, by , the manager of , an Arizona limited liability company, who executed the foregoing on behalf of company, being authorized so to do for the purposes therein contained. Notary Public My Commission Expires: -4- Regular Council Meeting - December 18, 2012 - Page 147 of 163 ■ Exhibit "B" to Sky Ranch Conveyance Agreement (Exeter Reimbursement) Legal Fees: $1,'132.50 General & Administrative: $1,000.00 TOTAL: $2,732.50 -5- Regular Council Meeting - December 18, 2012 - Page 148 of 163 Exhibit "C" to Sky Ranch Conveyance Agreement (Stellar Reimbursement) COMPANY AMOUNT SERVICES TOTAL $30,935.48 -6- Regular Council Meeting -pecember 18, 2012 - Page 149 of 163 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, December 18, 2012, 7:00 PM To: Mayor and Council From: Frank Cassidy, Town Attorney Strategic Plan Focus Area: Not Applicable Item A 3 Subject: Resolution No. 2012-108: Relating to Utilities; approving and authorizing the Mayor to execute the Second Amendment to Town of Marana Agreement for Construction ofPotable and Non-Potable Water Facilities and Provision of Water Utility Service for Gladden Farms Discussion: Under the origina12002 Gladden Farrns water service agreement (WSA), water infrastructure needed for the Gladden Farms project was expected to be constructed by the developer in four phases over time, as new blocks were developed. At the time, the Town did not have development impact fees for water infrastructure, so the Marana Utility Department's standard practice was to require the developer to fund regional water infrastructure improvements up-front, with a per-connection reimbursement back to the developer to assure that all benefiting property paid its fair share costs. To date, the developer has completed all water infrastructure required for the first two phases of the Gladden Farms development, and is entitled to a total of $591,017.48 in reimbursement under the WSA. Through July 25, 2012, the Town has reimbursed the developer $580,500. As an incentive to remaining development within Gladden Farms and to give the Town flexibility for future regional water infrastructure planning, Town staff and the developer have negotiated the proposed second amendment to the Gladden Farms WSA. If approved, the remaining regional water infrastructure needed to serve the geographic area that includes Gladden Farms will be constructed by the Town as part of its development impact fee funded water infrastructure capital improvements plan. All future developer reimbursements beyond $591,017.48 (that is, an additional $10,517.48) will be terminated, giving the Town the full benefit of future Gladden Farms water eonnection fees. The proposed seeond amendment to the Gladden Farms WSA also makes other revisions to the Original Ageement to reflect changes in standard practice and confirmation of the developer's performance under the original agreement. Financial Impact: If approved, the second amendment will place an additional initial capital infrastructure burden on the Utilities Department, which may then be reimbursed through future water infrastructure development impact fees. ATTACHMENTS: Nam+e: Description: � Type: Regular Council Meeting - December 18, 2012 - Page 150 of 163 Resolution 108 Gladden IA/SA 2nd amendment (00032430).DOC resolution 108 Resolution (� AGT 20121212 Gladden WSA 2nd Amendment Exh A to Reso Gladden I WSA 2nd Amendment Exhibit (00032420-4).doc Staff Recommendation: Staff recommends adoption of Resolution 2012-108, approving and authorizing the Mayor to execute the second amendment to the Gladden Farms water service agreement. Suggested Motion: I move to adopt Resolution 2012-108, approving and authorizing the Mayor to execute the second amendment to the Gladden Farms water service agreement. Regular Council Meeting - December 18, 2012 - Page 151 of 163 MARANA RESOLUTION NO. 2012-108 RELATING TO UTILITIES; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO TOWN OF MARANA AGREEMENT FOR CONSTRUCTION OF POTABLE AND NON-POTABLE WATER FACILITIES AND PROVISION OF WATER UTILITY SERVICE FOR GLADDEN FARMS WHEREAS the Town of Marana entered into a water service agreernent with Gladden Farms LLC dated November 5, 2002 and recorded in the office of the Pima County Recorder on November 22, 2002 at Docket 11932, Page 611 (the "Original Agreement"); and WHEREAS Gladden Farms LLC assigned its rights and obligations under the Original Agreement to G1,AVDEN FottEST LLC, an Arizona limited liability company (the "Developer") in October 2002; and WHEREAS the Town and the Developer entered into a"First Amendment to Town of Marana Ageement for Construction of Potable and Non-Potable Water Facilities and Provision of Water Utility Service for Gladden Farms" dated November 7, 2012 and recorded in the office ofthe Pima County Recorder on November 16, 2012 at Sequence No. 20123210642 (the "First Amendment"); and WHEREAS the Town and the Developer now desire to modify the Original Agreement and the First Amendment to remove the Developer's remaining regional water infrastructure obligations and to terminate further developer reimbursements, so that regional water infrastructure needed to provide future water infrastructure capacity for the geographic area that includes the Gladden Farms Project may be provided by the Town as part of its development impact fee funded water infrastructure capital improvements program; and WHEREAS the Mayor and Council find that the terms and conditions of the second amendment are in the best interest of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the "Second Amendment to Town of Marana Agreement for Construction of Potable and Non-Potable Water Facilities and Provision of Water Utility Service for Gladden Farms" attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved and the Mayor is hereby authorized and directed to execute it for and on behalf of the Town of Marana, and the Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the second amendment. Marana Resolution No. 2012-108 - 1- 12/i I/2012 3:05 PM FC Regular Council Meeting - December 18, 2072 - Page 152 of 163 PASSED AND ADOPTED BY TI-� MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 18�` day of December, 2012. Ed Honea, Mayor ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Mazana Resolution No. 2012-108 - 2- 12/11/2012 3:05 PM FC Regular Councii Meeting - December 18, 2012 - Page 153 of 163 SECOND AMENDMENT TO TOWN OF MARANA AGREEMENT FOR CONSTRUCTION OF POTABLE AND NON-POTABLE WATER FACILITIES AND PROVISION OF WATER UTILITY SERVICE FOR GLADDEN FARMS TOWN OF MARANA, ARIZONA TrIIS SECOND AMENDMENT is entered into by and between the Towrr oF M�A, an Ari- zona municipal corporation (the "Town"), and GLADDEN FOREST LLC an Arizona limited liability company (the "Developer"). The Town and the Developer are sometimes referred to collectively as the "Parties," either of which is sometimes individually referred to as a"Party." RECITfiLS A. The Town and Gladden Farms LLC, a Nevada timited liability company, entered into an "Agreement for Construction of Potable and Non-Potable Water Facilities and Provision of Water Utility Service" dated November 5, 2002 and recorded in the affice of the Pima County Recorder on November 22, 2002 at Docket 11932, Page 611 (the "Original Agreement"). B. The Original Agreement addressed the water infrastructure rights and obligations re- lating to the development of the lands depicted on the Final Block Plat of Gladden Farms Blocks 1 thru 25 and A thru F, recorded in the Pima County Recorder's office at Book 55 of Maps and Plats, Page 60 (the "Gladden Farms Project"). C. Gladden Farms LLC assigned its rights and obligations under the Original Agreement to the Developer in October 2002. D. The Developer is the sole beneficiary of FIDELITY NATIONAL TITLE AGENCY, INC., an Arizona corporation, as trustee under Trust No. 30212, which is the title owner of the Develop- er's remaining land holdings within the Gladden Farms Project, and to the extent the trust's in- terests are implicated, is signing this instrument in its capacity as sole beneficiary of the trust. E. The Town and the Developer entered into a"First Amendment to Town of Marana Agreement for Construction of Potable and Non-Potable Water Facilities and Provision of Water Utility Service for Gladden Farms" dated November 7, 2012 and recorded in the office of the Pima County Recorder on November 16, 2012 at Sequence No. 20123210642 (the "First Amendment"). F. The Town and the Developer now desire to modify the Original Agreement and the FirstAmendment with the overall purpose of having the Town take over certain water infrastruc- ture obligations to serve the geographic area that includes the Gladden Farms Project as part of its development impact fee funded water infrastructure capital improvements program. {00032420.DOC / 4} - 1- 12/12/2012 10:54 AM FJC Regular Council Meeting - December 18, 2012 - Page 154 of 163 AGREEMENT Now, �ttEFO�, in consideration of the foregoing premises and the mutual covenants set forth in this Second Amendment, the Parties hereby agree as follows: 1. Confirmation of Developer-provided reimbursable water infrastructure. To date, the Developer has constructed and installed the generator addressed in the last sentence of paragraph 2.1(a)(iv) of the Original Agreement and the "Phase 1" and "Phase 2" water infrastructure as identified on E�ibit C to the Original Agreement, and is entitled to reimbursement of $591,017.48 of water infrastructure costs under the Original Agreement. 2. Completion and termination of reimbursement. Through July 25, 2012, the Town has reimbursed the Developer $580,500 under the Original Agreement. Within 30 days after the ef- fective date of this Second Amendment, the Town shall reimburse the Developer an additional $10,517.48 from Gladden Farms Project water connection fees paid to the Town since July 2012. Upon receipt of that reimbursement, all Developer rights to reimbursement under the Original Agreement and the First Amendment shall terminate. 3. Termination of Developer's remaining storage, fire protection, phase 3, and ghase 4 water infrastructure obligations. The Developer's storage and fire protection infrastructure obligations addressed in the first sentence of paragraph 2.1(a)(iv) of the Original Agreement and the Developer's "Phase 3" and "Phase 4" water infrastructure obligations as identified on Exhibit C to the Original Agreement are hereby terminated. 4. Confirmation of Developer's obligations for the construction of pipelines internal to remaining unimproved Gladden Farms blocks. The Developer remains obligated to construct all water distribution infrastructure (including and without limitation to potable and non-potable waterline extensions, service lines, valves, meters, meter service, and water easements) contem- plated by the Original Agreement and located within and required to serve the remaining unim- proved blocks of the Gladden Farms Project. 5. Deletion of self-sustaining revenue requirement. The last two sentences of para- graph 33 of the Original Agreement are hereby deleted. 6. Confirmation of Developer's performance under the Original Agreement. With refer- ence to paragraph 5.1 of the Original Agreement, the Town acknowledges that the Developer is not in default of any terms of the Original Agreement and that as of tke date of this Second Amendment the Developer has met and satisfied each and every condition of the Original Agreement. 7. Effect on other provisions of the Original Agreement. Except as expressly modified in this Second Amendment, the provisions of the Original Agreement shall remain in full force and effect. 8. Effect on the First Amendment. The provisions of the First Amendment are hereby ter- minated. {00032420.DOC / 4} - 2- 12/12/2012 10:54 AM FJC Regular Council Meeting - December 18, 2012 - Page 155 of 163 9. Miscellaneous 9.1. Binding effect. This agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the Parties. 9.2. Cancellation for conflict of interest. This agreement is subject to A.R.S. § 38-511, which provides for cancellation in certain instances involving conflict of interest. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date set forth below their respective �ignatures. Towri: Tow1�1 oF MAttAIVA, an Arizona municipal corporation I� Date: DEVELOPER: GLADDEN FOREST, L.L.C., an Arizona limited liability company By: FoxEST CI'rY L�t•m GROUP, It�rC., an Ohio corporation, its managing member By: Dean Wingert, Senior Vice President Date: ATTEST: Jocelyn C. Bronson, Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney STATE OF ARIZONA � SS County of Pima ) The foregoing instrument was acknowledged before me on by Dean Wingert, Senior Vice President of Fo�sT C�1'Y LAt�ID Gttotrn, INC., an Ohio corporation, managing member of G�..�DEN Fo�sT, L.L.C., an Arizona limited liability company, on behalf ofthe L.L.C. (Seal) Notary Public Ed Honea, Mayor {00032420.DOC / 4} - 3- 12/12/2012 10:54 AM FJC Regular Council Meeting - December 18, 2012 - Page 156 of 163 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, December 18, 2012, 7:00 PM To: Mayor and Council From: Ed Honea, Mayor Strategic Plan Focus Area: Not Applicable Item D I Subject: Relating to Parks and Recreation; discussion and consideration of a possible 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 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 entities 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. Council has received a request from the Tucson Police Department to use the stage for the 17th Annual Southwest Police Motorcycle Training Competition on April 19 and 20, 2013 at the Park Place Mall located at 5870 E. Broadway Blvd. in Tucson. This agenda item allows for discussion and consideration of a possible 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 TPD's event is also included in the Council packet. Financial Impact: The following fees included on the fee schedule attached to Resolution 2007-48 are applicable: Two- day rental of the stage -$400, generator rental -$175, personnel cost for round trip drive to/from Park Place Mall (at $0.50/mile) -$30. Additionally, if Town personnel is required to remain with the stage, the cost is $26/hour x 2 days x 9 hours =$468. ATTACHMENTS: Name: Description: � Type: Regular Council Meeting - December 18, 2012 - Page 157 of 163 RSO 20070403 A��roval of Mobile Staqe ��v- Reso Na 2007-48 fees (000323841.adf � TPD Flyer for motorcvcle com�etition f00032383).odf Staff Recommendation: Suggested Motion: Council's pleasure. Backup Material TPD flyer re: Motorcyde Training Competition Badcup Material Regular Council Meeting - December 18, 2012 - Page 758 of 163 l�'IARANA RESOLUTION NO. 2007-48 RELATING TO PARKS AND �RECREATION; ESTABLISHING RENTAL FEES AND AGREEMENT FOR PUBLIC USE OF THE TOWN OF MARANA PARKS AND RECREATION MOBILE STAGE. WHEREAS the Town of Marana owns a mobile stage that has been used by various entities outside the Town limits nurnerous times in the last five years; and WHEREAS this excessive use of the mobile stage by outside entities has caused wear and tear and cancerns about groups that may not share the Town's values having ac�ess to tlie stage and the Town's logo; and WHEREAS the mobile stage was provided complimentary for these events costing the Town park maintenance personnel hours; and WHEREAS trips outside the Town affect maintenance scheduling and undercut the possibilities for stage use within the Town; and WHEREAS the Mayor and Council now find that it is in the best interest of the Town to limit the use of the mobile stage to inside the Town limits and to set fees for its use for entities other than the Town and its partner, the Marana Unified School District. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF A�ZARANA, ARIZONA, that the Marana Parks and Recreation Department Mobile Stage Rental Application and Agreement attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved. BE IT FURTHER RESOLVED that the Town's Manager and staff are hereby directed and authorized to undertake ail other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the aforementioned agreement. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 3'� day of April, 2(}07. Town Clerk (00004364.DOC/} Regular Council Meeting - D�cember 18, 2012 - Page 159 of 163 G7 4�' .• �� .. FJGcds 3/23107 �s � _ �� sowa� oF �k Town of Marana Parks and Recreation Department Mobile Sta.ge Rental Application and Agreement The Mobile Stage may be reserved for use only within the corporate boundaries of the Town of Marana DATE: Application must be received 30 days prior to event. NAME OF APPLICANT: HOME PHONE: DATE(S) NEEDED: _ ORGANIZATION: BILLING ADDRESS: _ CIT'Y: LOCATION UF EVENT: STATE: HOURS: from to WORK PHONE: ZIP: NUMBER OF PEOPLE EXPECTED: WILL YOU NEBD ACCESS TO THE STAGE AF'TER HOURS? (Hours of operation are from 8:00 a.m. — 10:00 p.m.) Y N IF SO PLEASE SPECIFY: FF.F C['NF.niii.F. Town of Marana logos on the interior of the apen stage must be exposed at all ti�mes. Na nails, screws, staples, paint, duct tape or masking tape or any other damaging material may be attached to the interior or exterior surface of the mobile stage. The applica.nt does hereby agree to pay the Town within ten (10) days from the date of such use for any and all loss, breakage or need for repair of any equipment or portion of equipment. The burden of proof shall be upon the applicant to prove that any such damage was not caused by his organization, adhering to the Town of Marana's use ret�uirements. {000043ss.noc i 2} rarks ana RscreaUOn nep�ran�►c 13251 W. L.on Adams Road Maiana, AZ 85653 (520)382-1950 Regular Council Meeting - December 18, 2012 - Page 160 of 163 RENTAL AGREEMENT This application shall constitute an indemnity to the Town from the applicant for any and all damages to the stage and equipment by any person or persons attending the event and all liability and damage to any person or persons for injuries, including death. The applicant agrees to pay the fees noted herein. The applicant further agrees to pay one-half the estimated � rental fees plus the Cleaning and Damage Deposit not iater than two weeks prior to the event. Certificates of insurance received must be provided to the Town at least two we,�ks prior to the event. All remaining fee.s shall be paid within ten days after the event. Upon payment of all fees, and provided no cleaning or damages have accurred, the applicant shall be refunded their cleaning and /or damage deposit. The Marana Paxks and Recreation Department reserves the right to cancel this reservation prior to scheduled use due to unforeseen Town of Marana conflicts, etc. in which case applicant will be notified in advance and all pre-paid fees and deposits will be refunded. Cancellation by the applicant must be mada to the Parks and Recreation Events Coordinator at least one week prior to the event to receive full refund of all deposits. Failure to notify Parks and Recreation one week prior to the event results in forfeiture of cleaning/damage deposit. Fees for stage use are non-refundable in the event of non-use or shorter duration. In the case that the event is cancelled due to inclement weather prior to the noted start time, only personnel costs shall be assessed. The mobile stage cannot be used in winds greater than 30 mph. Placement and location of the stage on the event site is the decision of the Parks and Recreation staff and is based on the physical and safety requirements of the mobile stage, spectators, and participants. Applicant's signature signifies acceptance of aIl terms and conditions. I have read, understand and agre� to abide by the Town of Marana requirements for use. Applicant's Signature [Print Name Date: FOR OFFICE USE ONLY Fees and Charges TOTAL FEES: $ TOTAL DEPOSiTS: $ RECEIPT #: TOTAL AMOUNT DUE AND PAYABLE'TO THE TOWN OF MARANA: $ AMOLTNT OF DEPOSiT RETURNED: $ DATE: TOWN AGENT SIGNATURE: {0000a3sa.noc t 2} Parlcs and Rocreation Department 13251 W. Lon Adams Road Marana, AZ 85653 (520)382-t950 Regular Council Meeting - December 18, 2012 - Page 161 of 163 DATE: ��r€c�. acaf� ��z ��; ��-��3 �-1ti4��il; ' � � �, `��.�.�� '�t�� 1�€�1i� -. . 'z�n�n� �3 � � �. �'tir��l�.lvt�`��. T�cson� �: 8�7��: ��e� � I��ic� ��I (3�ynnp�cs .�Zas �� ctiat-it�r t�f ct�aac� f�r i�va° e�if��c��t �e�st'� �v�s�l�i�id� f+ar d� . He�� inda�i�;� wi€�h s��i�, n�s is vec�r re�u�r ' �� r�r I�l� ��. �p��1 ��r�pic Att�t� �vc�a��d r�ot i� �� tca �tic�� ;ir� � s�rt�. 'Th�i� �i , , c�cc- prts�+at�s s�if crrr�:�d��, ��n �� and � f�tz� �f ��. 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"'I°�� P�tc�ni� �alic� b�p �nt �d L,�� T��: �rl�a'P!�l� ��Srtmezz�t �c�e�d th�s chal��r��, C?v�r: �a� �� P�it`�C h� anj�yed �re�t s�c�s i� it� �b�l�t� to r�is� �nc�n� �Sar s��ia� (�lyt�pics, rv}�il� }�rc��iding ��n �n��r�i�in� v�c� [�rr t�� 1��. t��`: Sh�u�n �an�r" C,�I1�:�s�t�� {}-78s3 � i�ta�t: a�� < Regular Council Meeting - December 18, 2012 - Page 162 of 163 �`�� 1��e �� c�i�i�z� �`��`��'��t .. /�7�# �� SEG dr�Y FF(1f.7 � . • � Q # .� v. k � ` ! � 8 � ! a t s • •-• • s e e. fe ° e • t� • ,tt �F �R i � t� ° °t f ' � i ♦ � °# � i � 4 .�! � `8 4 � � i .. • �.! ` 6 0 . ! .# t! =�.k.. .f t ♦ �� ! f 4 � . t � # ' i .� � � tl �� ! . � � # ♦ � �� i � b � � pr+�" a �° r ii e : � •. 1 �� _� � + , �a +r ; a � e � ��..r �� $ i: �: 8 �� .�� . ,�. � �� ,� � � � r r , �> X � �� s��.. . � �� ., �. � �+ � r r� �+r r� � x re� � � , : �' ; � �� ' � �Is� A��+�t'z�a `i"ra�i� � : .; . �� 3?R��4; �r1�Ge ��35��. . �.� � � � �, �a� °'...� � .. +�ci� ., , t,�a ... � k�r�d��". ��a�� " :�'�r�+� � � _�. . , � . �r�e � �- � � . J€ ' � fia� � �� Regular Council Meeting - December 18, 2012 - Page 163 of 163