HomeMy WebLinkAbout10/01/2013 Council Agenda PacketMARANA TOWN COUNCIL
REGULAR COUNCIL MEETING
NOTICE AND AGENDA
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, October 1, 2013, at or after 7:00 PM
Ed Honea, Mayor
Jon Post, Vice Mayor
David Bowen, Council Member
Patti Comerford, Council Member
Herb Kai, Council Member
Carol McGorray, Council Member
Roxanne Ziegler, Council Member
Pursuant to A.R.S. § 38-431.02, notice is hereby given to the members of the Marana Town Council and to
the general public that the Town Council will hold a meeting open to the public on October l, 2013, 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.
Speal�ing 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,
Reguiar Council Meeting - October 1, 2013 - Page 1 of 52
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, September 30, 2013, 7:00 PM, at the Marana
Municipal Complex, 11555 W. Civic Center Drive, the Marana Operations Center, 5100 W. Ina Road, and at
www.marana.com on the Town Clerk page under Agendas, Minutes and Recent Actions.
REGULAR COUNCIL MEETING
CALL TO ORDER AND ROLL CALL
PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE
APPROVAL OF AGENDA
CALL TO THE PUBLIC
At this time any member of the public is allowed to address the Town Council on any issue within the
jurisdiction of the Town Council, except for items scheduled for a Public Hearing at this meeting. The
speaker may have up to three minutes to speak. Any persons wishing to address the Council must
complete a speaker card located outside the Council Chambers and deliver it to the Town Clerk prior to
the commencement of the meeting. Individuals addressing a meeting at the Call to the Public will not be
provided with electronic technology capabilities beyond the existing voice amplification and recording
capabilities in the facilities and the Town's overhead projector/document reader. Pursuant to the Arizona
Open Meeting Law, at the conclusion of Call to the Public, individual members of the Council may
respond to criticism made by those who have addressed the Council, and may ask staff to review the
matter, or may ask that the matter be placed on a future agenda.
PROCLAMATIONS
Start By Believing Public Awareness Campaign
MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS
MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS
PRE5ENTATIONS
P 1: Relating to Utilities; presentation on options to acquire wastewater assets and effluent
return flow from Saguaro Bloom Development and adjacent service area. (John Kmiec)
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 affirtnative vote will approve all items on the
Consent Agenda, including any resolutions or ordinances. Priar to a motion to approve the Consent
Regular Council Meeting - October 1, 2013 - Page 2 of 52
Agenda, any Council member may remove any item from the Consent Agenda and that item will be
discussed and voted upon separately.
C L• Resolution No. 2013-086: Relating to Parks and Recreation; approving and
authorizing the Mayor to execute an agreement to terminate the Habitat Preservation
Agreement relating to Tortolita Preserve (Jane Fairall)
C 2: Resolution No. 2013-087: Relating to Economic Development; approving the
transfer of up to $200,000 in budgeted expenditure authority from the general fund
contingency line item to the budget of the Construction and Inspection Division of the
Engineering Department for expenses related to construction of a new entrance monument
and related vegetation and landscaping at Sandario and Marana Roads (Erik Montague)
C 3: Resolution No. 2013-088: Relating to Development; adopting a notice of intent to
enter into a retail development tax incentive agreement for the proposed development of
Continental Ranch Parcel 60 located in the vicinity of the north intersection of Tiffany
Loop and North Casa Grande Highway (Frank Cassidy)
C 4: Resolution No. 2013-089: Relating to the Police Department; approving and
authorizing the Chief of Police to execute a memorandum of understanding with the Yuma
Regional Communications System for the use of a system-wide calling channel (Jane
Fairall)
C 5: Resolution No. 2013-090: Relating to Community Development; approving and
authorizing the Mayor to execute a Grant-in-Aid Fiscal Agent Agreement between the
Tohono O'odham Nation and the Town of Marana on behalf of the Marana Heritage
Conservancy for purposes of funding the Heritage on Wheels program (T VanHook)
C 6: Approval of September 19, 2013 Special Council Meeting Minutes (Jocelyn
Bronson )
LIQUOR LICENSES
BOARDS, COMMISSIONS AND COMMITTEES
COUNCIL ACTION
A 1: Relating to Development; motion to reconsider Ordinance 2013.022 and
Resolution 2013-084 adopted on September 3, 2013, for the limited purpose of deleting the
requirement that a medical marijuana dispensary shall cultivate all medical marijuana
offered for sale on-site (Frank Cassidy)
ITEMS FOR DISCUSSION/POSSIBLE ACTION
EXECUTIVE SESSIONS
Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session, which will
not be open to the public, to discuss certain matters.
E 1: Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for
discussion or consultation for legal advice with the Town Attorney concerning any matter
listed on this agenda.
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 Council Meeting - October 1, 2013 - Page 3 of 52
second regular Town Council meering after the date of the request, pursuant to Marana Town Code
Section 2-4-2(B).
' � ! �-\U \ 1
Regular Council Meeting - October 1, 2073 - Page 4 of 52
PROCLAMATION
Start By Betzeving Pubtic Awareness Campa�gn
WHEREAS the Town of Marana shares a critical concern for
victims of sexual violence and a desire to support their needs for justice
and healing; and
WHEREAS research estimates that as many as 1 in 5 women and
1 in 71 men are the victims of rape (2012 CDC Summary Report), yet
most will not report the crime to law enforcement (DOJ Report 2006-
2010); and
WHEREAS research documents that victims are far more likely to
disclose their sexual assault to a friend or family member, and when
those loved ones respond with doubt, shame or blame, victims suffer
additional negative effects on their physical and psychological well-being
(Rape Abuse 8a Incest National Network); and
WHEREAS the "Start By Believing" public awareness campaign is
designed to improve the responses of family members, friends and
community members so that they can help victims gain access to
supportive resources.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the
Town of Marana, in concert with the Marana Police Department, wish to
support the activities of the Start By Believing Public Awareness Campaign.
DATED: this lst day of October, 2013.
�� : �� �
Ed Honea, Mayor
ATTEST:
Jocelyn C. Bronson, Town Clerk
Regular Council Meeting - October 1, 2013 - Page 5 of 52
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, October l, 2013, '7:00 PM
To: Mayor and Council
From: John Kmiec, Utilities Director
Strategic Plan Focus Area:
Community
Strategic Plan Focus Area - Additional Information:
Initiative 1: Secure all necessary water resources and infrastructure.
Item P i
Subject: Relating to Utilities; presentation on options to acquire wastewater assets and effluent return
flow from Saguaro Bloom Development and adjacent service area.
Discussion:
The Marana Utilities Department will be presenting on the refined options for acquiring wastewater
infrastructure and return flows from the Saguaro Bloom Development. Initial presentation was made
before Mayor & Council on September 10, 2013. At that time, staff was directed to further examine two
potential options: a collection system from the development along an Avra Valley Road alignment with
connection to the north Marana collection system on Sanders Road; and, from the development north
through the Rillito area, connect the Tangerine/I-10 area, and extension into downtown Marana.
Both options will be presented.
ATTACHMENTS:
I�a€nc: T�c.�cripti�n: Ty�e;:
No A�tachments Availabi�
Staff Recommendation:
Suggested Motion:
Presentation only.
Regular Councii Meeting - October 1, 2013 - Page 6 of 52
11555 W. CNIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, October 1, 2013, 7:00 PM
To: Mayor and Council
From: Jane Fairall, Deputy Town Attorney
Strategic Plan Focus Area:
Community
Strategic Plan Focus Area - Additional Information:
Item C 1
Under the Community Focus Area, Initiative 3 is to ensure that future development, land use, and
projects protect and showcase the Sonaran Desert. A strategy for this initiative is to identify a
financially sustainable long-term solution to the Tortolita Preserve state land lease.
Subject: Resolution No. 2013-086: Relating to Parks and Recreation; approving and authorizing the
Mayor to execute an agreement to terminate the Habitat Preservation Agreement relating to
Tortolita Preserve
Discussion:
In October 2000, the United States Fish and Wildlife Service (USFWS) issued a Biological Opinion
concerning potential impacts to the pygmy owl and its designated critical habitat in connection with the
development of Dove Mountain. As a result the Biological Opinion, the Town entered into a Habitat
Preservation Agreement to minimize the impacts to the pygmy owl. The Town also entered into a 99-
year lease with the Arizona State Land Deparhnent to preserve over 2,000 acres of open space adjacent
to Dove Mountain. The land in question is generally known as the Tortolita Preserve.
Since that time, the USFWS has changed the status of the pygmy owl. Specifically, in April 2006, the
USFWS removed the pygmy owl from the Federal List of Endangered and Threatened Wildlife and
removed the critical habitat designation for the pygmy owl. Due to the delisting of the pygmy owl, the
Town entered into discussions with the USFWS to determine whether the Habitat Preservation
Agreement could be terminated, thereby eliminating any unnecessary restrictions. The USFWS has
agreed that the Habitat Preservation Agreement is no longer necessary and has agreed to enter into an
agreement terminating the original Preservation Agreement.
If adopted, this resolution will approve and authorize execution of the termination agreement between
the Town, the USFWS and the Dove Mountain developers who were parties to the original Habitat
Preservarion Agreement.
Financial Impact:
None
ATTACHMENTS:
�a���e: i.�es�:-riptic�n; 'I"�rpe:
� Reso 2013- Rsso ZC113-tJ8� Rescalution
Regular Council Meeting - October 1, 2013 - Page 7 of 52
Ci86 Habitat .docx
�
Ex A habitat p�eservatian.DOC �Xh�b€t A t° Res° 2i}13'U&6
Exhibit
Staff Recommendation:
Staff recommends approval of the agreement to terminate the Habitat Preservation Agreement for
Tortolita Preserve.
Suggested Motion:
I move to adopt Resolution No. 2013-086, approving and authorizing the Mayor to execute an
agreement to terminate the Habitat Preservation Agreement relating to Tortolita Preserve.
Regular Council Meeting - October 1, 2013 - Page 8 of 52
MARANA RESOLUTION NO. 2013-086
RELATING TO PARKS AND RECREATION; APPROVING AND AUTHORIZING THE
MAYOR TO EXECUTE AN AGREEMENT TO TERMINATE THE HABITAT
PRESERVATION AGREEMENT RELATING TO TORTOLITA PRESERVE
WHEREAS pursuant to Section 7(a)(2) of the Endangered Species Act, the United States
Fish and Wildlife Service (USFWS) issued a Biological Opinion dated October 23, 2000 (the
"Biological Opinion"} concerning potential impacts to the cactus ferruginous pygmy owl ("Pyg-
my Owl") and its designated critical habitat in connection with the development of Dove Moun-
tain; and
WHEREAS as called for in the conservation measures of the Biological Opinion, the
Town entered into a Habitat Preservation Agreement to minimize impacts to the Pygmy Owl,
and also entered into a 99-year lease with the Arizona State Land Department to preserve 2,397
acres of open space adjacent to Dove Mountain (the "Preservation Lease"); and
WHEREAS on October 24, 2000, the Town Council adopted Resolution No. 2Q00-114,
adopting and authorizing execution of the Habitat Preservation Agreement for Tortolita Preserve
between the Town of Marana, Cottonwood Properties, Inc., RedHawk Marana, LLC, Rita Land
Corporation and the USFWS; and
WHEREAS as set forth in the 71 Federal Register 19452 (April 14, 2006} ("Delisting
Rule"), the USFWS removed the Pygmy Owl from the Federal List of Endangered and Threat-
ened Wildlife and removed the critical habitat designation for the Pygmy Owl, actions which
resulted in the Biological Opinion no longer being in full force and effect for the Pygmy Owl;
and
WHEREAS the Preservation Lease and Habitat Preservation Agreement were established
solely for mitigating impacts to the Pygmy Owl, and the Delisting Rule stipulates that the con-
servation measures provided by the Endangered Species Act no longer apply to the Pygmy Owl
and thereby eliminated the USFWS conservation requirements associated with the Preservation
Lease, the Habitat Preservation Agreement, and the Biological Opinion; and
WHEREAS the parties to the Habitat Preservation Agreement now desire to terminate
that Agreement as it is no longer necessary due to the Delisting Rule; and
WHEREAS the Mayor and Council finds that termination of the Habitat Preservation
Agreement is in the best interests of the Town of Marana and its citizens.
ResolutionNo.20t3-086 - 1 -
Regular Council Meeting - October 1, 2013 - Page 9 of 52
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION L The agreement to terminate the Habitat Preservation Agreement attached as
Exhibit A to and incorporated by this reference in this resolution is hereby approved, and the
Mayor is hereby authorized to execute it for and on behalf of the Town of Marana.
SECTION 2. The Town's Manager and staff are hereby directed and authorized to under-
take all other and further tasks required or beneficial to carry out the terms, obligations, and ob-
jectives of the termination agreement approved by this resolution.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 1 St day of October, 2013.
Mayor Ed Honea
ATTEST:
APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney
Resolution No. 2013-086 - 2 -
Regular Council Meeting - October 1, 2013 - Page 10 of 52
TERMINATION OF HABITAT PRESERVATION AGREEMENT
(Terminates the agreement recorded at Docket 11418, Page 1876)
This agreement ("Termination Agreement") to terminate the Habitat Preservation
Agreement executed on or around October 24, 2000 ("Habitat Preservation Agreement"j is
entered into as of . 2013, by RedHawk Marana, LLC, Rita Land Corporation
and Cottonwood Properties, Inc. (collectively "Applicant"), the Town of Marana ("Town"), and
the United States Fish and Wildlife Service ("USFWS"), all of which are col(ectively referred to as
the "Parties."
RECITALS
A. Pursuant to Section 7(a)(2) of the fndangered Species Act (the "ESA"), USFWS has
issued a Biological Opinion dated October 23, 2000 (the "Biological Opinion") concerning
potential impacts to the cactus ferruginous pygmy owl ("Pygmy Owl") and its designated
critical habitat (collectively the "Pygmy Owl Impacts") and concerning impacts to the Lesser
Long Nosed Bat in connection with the development of Dove Mountain (as defined in the
Biological Opinion); and
B. As called for in the conservation measures of the Biological Opinion, the Town
entered inta the Habitat Preservation Agreement to minimize Pygmy Ow) Impacts and entered
into a 99 year lease with the Arizona State Land Department to preserve 2,397 acres of open
space adjacent to Dove Mountain ("Preservation Lease").
C. The Habitat Preservation Agreement was entered into by RedHawk Marana, LLC,
Rita Land Corporation, Cottonwood Properties, Inc., and Town of Marana. The document was
signed and entered into by the parties in October 2000. The Habitat Preservation Agreement
was filed on November 3, 2000 with the office of the Pima County Recorder at Docket 11418,
Page 1876.
D. As set forth in the 71 Federal Register 19452 (April 14, 2006) (Delistin� Rule"), the
USFWS removed the Pygmy Owl from the Federal List of Endangered and Threatened Wildlife
and removed the critical habitat designation for the Pygmy Owl, actions which terminated the
maximum disturbance ratio and other requirements of the Biological Opinion for the Pygmy
Owl.
E. The Preservation Lease and Habitat Preservation Agreement were established
solely for mitigating Pygmy Owl Impacts. The Delisting Rule stipulates that the conservation
measures provided by the ESA no longer apply to the Pygmy Owl and thereby eliminated the
ExHieiT A ro Reso�ur�oN 2013-086
-1-
TERMINATION OF HABITAT PRESERVATION AGREEMENT
Regular Council Meeting - O�tober 1, 2013 - Page 11 of 52
USFWS conservation requirements associated with the Preservation Lease, the Habitat
Preservation Agreement, and the Biological Opinion (#2-21-99-F-363, October 23, 2000}.
In consideration of the foregoing, the Parties hereby affirm, covenant, and agree as follows:
1. Habitat Preservation A�reement. The Habitat Preservation Agreement and alt of
the conservation requirements thereunder are of no further force and effect.
2. Miscellaneous. The Parties each represent to the other that they have the full
power and authority to enter into this Termination Agreement. The Parties hereby affirm the
accuracy of the recitals set forth above.
3. Applicable Law. This Termination Agreement shall be governed by and construed
in accordance with the laws and regulations of the United States and the State of Arizona.
4. Recordin�. Town of Marana shall file this Agreement in the office of the Recorder
of Pima County, Arizona.
5. Notices. Notices under this Termination Agreement may be given by personal
delivery, facsimile, or by U.S. mail, return receipt requested, to the Parties at their respective
addresses set out below, with notice being deemed effective on the date so delivered. The
Parties acknowledge that the Habitat Preservation Agreement has not been assigned since
October 2000.
If to Applicant:
Cottonwood Properties, Inc.
William Hallinan
3567 E. Sunrise Dr., Ste. 219
Tucson, AZ 85718
b. If to Town:
Gilbert Davidson, Town Manager
11555 W. Civic Center Dr.
Marana, AZ 85653
c. If to USFWS
United States Fish & Wildlife Service
Attn: Steven Spangle
2321 W. Roya) Palm Rd., Ste. 103
Phoenix, AZ 85021
6. Relationshiq to Endan�ered Species Act (ESA�. The terms of this Termination
Agreement shall be construed in accordance with the ESA and applicable federal law. Nothing
in this Termination Agreement is intended to limit the authority of the USFWS to fulfill its
responsibilities under the ESA. Moreover, nothing in this agreement is intended to Iimit or
ExHiairAro Reso�urioN 2013-086
-2-
TERMINATION OF HABITAT PRESERVATION AGREEMENT
Regular Council Meeting - October 1, 2013 - Page 12 of 52
diminish the legal obligations and responsibilities of the USFWS as an agency of the federal
government.
7. _Duplicate Ori�inals. This Termination Agreement may be executed in any number
of duplicate originals. A complete original of this Termination Agreement shall be maintained
in the official records of each of the Parties.
8. Liabilitv. On behalf of itself, its officers, directors, members, employees, agents,
and representatives, each Party agrees that it will be responsible for its own acts and omissions
and the results thereof and that it is not responsible for the acts or omissions of any other
Party, nor the results thereof. Each Party therefore agrees that it will assume the risk and
liability to itself, its agents, employees, and volunteers for any damages resufting in any manner
from the conduct of the Party's own operations andJor of its agents, employees, and/or
volunteers under this Termination Agreement. Each Party further releases and waives all claims
against every other Party for compensation for any loss, cost, damage, expense, or other
liability arising out of the performance of this Termination Agreement, including without
limitation any loss, cost, damage, or other liability arising out of the other Party's negligence.
9. Dama�es. No Party shall be liable in damages to any other Party or other person
for any damages, including monetary, that may result from this Termination Agreement, any
performance or failure to perform a mandatory or discretionary obligation imposed by this
Termination Agreement or any other cause of action arising from this Termination Agreement.
EXECUTED in multiple counterpart originals as of the date first set forth above.
REDHAWK MARANA, L.L.C., an Arizona limited (iability
company
By: DMBG Investments, Inc., an Arizona
corporation, its manager
By:
Name:
Title:
RITA �AND CORPORATION, an Arizona corporation
By:
Name:
Title:
ExHSrr A— ResownoN 2013-086
-3-
TERMINATION OF HAB�TAT PRESERVATION AGREEMENT
Regular Council Meeting - October 1, 2013 - Page 13 of 52
COTTONWOOD PROPERTIES, INC., an Arizona
corporation
By:
Name:
Title:
TOWN OF MARANA, an Arizona municipal corporation
By: _
Name:
Title:
UNITED STATES FISH & WIIDLIFE SERVICE
By:
f► .FTiT�
Title:
STATE OF ARIZONA )
) ss.
County of Pima )
The foregoing instrument was acknowledged before me this day of September, 2013 by
, the of DMBG Investments, Inc., an Arizona
corporation, manager of REDHAWK MARANA, L.L.C., an Arizona limited liability company, on
behalf of the LLC.
(Seal)
Notary Public
ExHSirA—Reso�urtoN 2013-086
-4-
TERMINATION� OF HABITAT PRESERVATION AGREEMENT
Regular Council Meeting - October 1, 2013 - Page 14 of 52
STATE OF ARIZONA )
) ss.
County of Pima )
The foregoing instrument was acknowledged before me this day of September, 2013 by
. the of RITA LAND CORPORATION, an
Arizona corporation, on behalf of the corporation.
(Seal)
Notary Public
STATE OF ARIZONA )
) ss.
County of Pima )
The foregoing instrument was acknowledged before me this day of September, 2013 by
. the of COTTONWOOD PROPERTfES, INC., an
Arizona corporation, on behalf of the corporation.
(Seal)
Notary Public
STATE OF ARIZONA )
) ss.
County of Pima )
The foregoing instrument was acknowledged before me this day of September, 2013 by
, the of the TOWN OF MARANA, an Arizona
municipal corporation, on behalf of the town.
{Seal)
Notary Public
STATE OF ARIZONA )
) ss.
County of Pima j
The foregoing instrument was acknowledged before me this day of September, 2013 by
, the of UNITED STATES FISH & WILDLIFE
SERVICE, on its behalf.
(Seal)
ExHSir A— Reso�unoN 2013-086
-5-
Notary Public
TERMINATION Of HABITAT PRESERVATION AGREEMENT
Regular Council Meeting - October 1, 2013 - Page 15 0# 52
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, October 1, 2013, 7:00 PM
To: Mayor and Council
From: Erik Montague, Finance Director
Strategic Plan Focus Area:
Commerce, Community
Strategic Plan Focus Area - Additional Information:
Item C 2
The Marana Strategic Plan II identifies various initiatives that focus on downtown Marana, including crearing
economic development concepts for the area, and using the area to help create a community identity and develop
branding strategy.
Subject: Resolution No. 2013-087: Relating to Economic Development; approving the transfer of up to
$200,000 in budgeted expenditure authority from the general fund contingency line item to the budget
of the Construction and Inspection Division of the Engineering Department for expenses related to
construction of a new entrance monument and related vegetation and landscaping at Sandario and
Marana Roads
Discussion:
At the September 10, 2013 Council study session, staff made a presentation regarding the entrance to Marana's
downtown area at Sandario and Marana Roads. As part of the presentation, staff presented several design concepts
for an entrance monument at that location, one of which was approved by Council. At that time, Council also
discussed the budget for the project andpreliminarily approved the use of up to $200,000 in contingency funds for
the project. Passage of the proposed resolution will formally approve the use of the contingency funds for the
entrance monument and related vegetation and landscaping at Sandario and Marana Roads.
Financial Impact:
Approval of this resolution will authorize the use of up to $200,000 in contingency funds for this project.
ATTACHMENTS:
Na���e;:
� Reso 2013-
087 Dormtown .docx
Desc�°iptica��:
Reso 2013-QB7
Staff Recommendation:
Staff recommends approval of the use of contingency funds as discussed.
Suggested Motion:
1`vpe:
Rescsiution
I move to adopt Resolution No. 2013-087, approving the transfer of up to $200,000 in budgeted expenditure
authority from the general fund contingency line item to the budget of the Construction and Inspection Division of
the Engineering Department for expenses related to construction of a new entrance monument and related
vegetation and landscaping at Sandario and Marana Roads.
Regular Council Meeting - October 1, 2013 - Page 16 of 52
MARANA RESOLUTION NO. 2013-087
RELATING TO ECONOMIC DEVELOPMENT; APPROVING THE TRANSFER OF UP TO
$200,000 IN BUDGETED EXPENDITURE AUTHORITY FROM THE GENERAL FUND
CONTINGENCY LINE ITEM TO THE BUDGET OF THE CONSTRUCTION AND
INSPECTION DIVISION OF THE ENGINEERING DEPARTMENT FOR EXPENSES
RELATED TO CONSTRUCTION OF A NEW ENTRANCE MONUMENT AND RELATED
VEGETATION AND LANDSCAPING AT SANDARIO AND MARANA ROADS
WHEREAS on June 18, 2013, the Town Council adopted the fiscal year 2013-2Q14
budgetary document and overall financial plan which set the legal level of budgetary control at
the department level for the General Fund and at the fund level for all other funds; and
WHEREAS the Marana Strategic Plan II identifies various initiatives that focus on down-
town Marana, including creating economic development concepts for the area, and using #he area
to help create a community identity and develop a branding strategy; and
WHEREAS the Spring 2013 Marana Citizens' Forum convened to discuss north Marana
growth and presented its recommendations to the Town Council on July 2, 2013, including a
recommendation to create an entrance monument for the Town which would reflect pride and
professionalism in the Town of Marana; and
WHEREAS on September 10, 2013, the Town Council approved a design concept for an
entrance monument and related vegetation and landscaping at Sandario and Marana Roads; and
WHEREAS the Town Council desires to use contingency funds of up to $200,000 to
fund the construction of the entrance monument and related vegetation and landscaping; and
WHEREAS using contingency funds of up to $200,Q00 for the entrance monument with-
in fiscal year 2013-2014 will not significantly impact the General Fund; and
WHEREAS reallocations of budgetary amounts between the contingency line item in the
General Fund to other line items are necessary from time to time; and
WHEREAS the Council finds that the reallocation addressed by this resolution is in the
best interest of the Town of Marana and its citizens.
Resolution No. 2013-087 - 1 -
Regular Gouncil Meeting - October 1, 2073 - Page 17 of 52
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION l. The transfer of up to $200,000 from the General Fund's budgeted contin-
gency line item to the budget of the Construction and Inspection Division of the Engineering
Department for expenses related to the construction of a new entrance monument and related
landscaping and vegetation at Sandario and Marana Roads is hereby approved.
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 ob-
jectives of this resolution.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MA.RANA, ARIZONA, this 1 St day of October, 2013.
Mayor Ed Honea
ATTEST:
APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney
Resolution No. 2013-087 - 2 -
Regular Council Meeting - October 1, 2013 - Page 18 of 52
11555 W. CNIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, October l, 2013, 7:00 PM
To: Mayor and Council
From: Frank Cassidy, Town Attorney
Strategic Plan Focus Area:
Commerce
Item C 3
Strategic Plan Focus Area - Additional Information:
Initiative 6: Promote development of the Economic Activity Centers as outlined in the Marana Economic
Roadmap (Twin Peaks Activity Center)
Subject: Resolution No. 2013-088: Relating to Development; adopting a norice of intent to enter into a retail
development tax incentive agreement for the proposed development of Continental Ranch Parce160
located in the vicinity of the north intersection of Tiffany Loop and North Casa Grande Highway
Discussion:
Town staff has been negotiating the terms of a proposed retail development tax incentive agreement for the
development of Continental Ranch Parcel 60, located at the north end of Tiffany Loop Road. A copy of the
current draft of the agreement is inc(uded with the backup materials. In general, the agreement provides for
reimbursement to the developer from 45% of the Town's sales tax generated from the site for the developer's costs
of installing public infrastructure.
Arizona Revised Statutes section 9-500.11 paragraph K requires the Town to adopt a notice of intent to enter into
a retail development tax incentive agreement at least 14 days before approving the agreement. Staff plans to bring
the agreement to Council for consideration at its October 15 meeting, and has placed this notice of intent on
tonight's agenda to satisfy the 14-day statutory notice of intent requirement.
Financial Impact:
None at this time.
ATTACHMENTS:
'ti a���e: L)esci�iption:
� Reso 2013-088 Cant Ranch.doc Reso 2013-ff&8
T�y pe:
Resr�(utior,
�
AGT 20130905 Cor�tinental Ranch Parcei 60 EQA �x A GR Pareel 80 E[�A Exhibif
(00035325).odf
Staff Recommendation:
Staff recommends adoption of the notice of intent.
Suggested Mofion:
I move to adopt Resolution 2013-088, the Town's notice of intent to enter into a retail development tax incentive
agreement for the proposed development of Continental Ranch Parce160.
Regular Council Meeting - October 1, 2013 - Page 19 of 52
MARANA RESOLUTION NO. 2013-088
RELATING TO DEVELOPMENT; ADOPTING A NOTICE OF INTENT TO ENTER INTO A
RETAII, DEVELOPMENT TAX INCENTNE AGREEMENT FOR THE PROPOSED
DEVELOPMENT OF CONTINENTAL RANCH PARCEL 60 LOCATED IN THE VICINITY
OF THE NORTH INTERSECTION OF TIFFANY LOOP AND NORTH CASA GRANDE
HIGHWAY
WHEREAS Town staff has negotiated the terms of a proposed retail development tax
incentive agreement for the proposed development of Continental Ranch Parce[ 60 located in the
vicinity of the north intersection of Tiffany Loop and North Casa Grande Highway (eastbound
Interstate 10 frontage road); and
WHEREAS A.R.S. § 9-500.11(K) requires a city or town to adopt a notice of intent to
enter into a retail development tax incentive agreement at least 14 days before approving the
agreement; and
WHEREAS the current draft of the proposed Continental Ranch Parcel 60 Development
Agreement is available for public viewing online or in hard copy as part of the Council agenda
packet for the Marana Town Council's October l, 2013 meeting; and
WHEREAS Town staff plans to bring the proposed Continental Ranch Parcel 60
Development Agreement to Town Council for its consideration at the October 15, 2013 meeting.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, that the Town of Marana hereby issues this notice af intent
to enter into the Continental Ranch Parcel 60 Developrnent Agre�ment, a retail development tax
incentive agreement, at the October 15, 2013 Marana Town Council meeting.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this l day of October, 2013.
Mayor Ed Honea
ATTEST:
APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney
Resolution No. 2013-088
9l23/2013 2:42 PM FJC
Regular Councii Meeting - October 1, 2013 - Page 20 of 52
CONTINENTAL RANCH PARCEL EO DEVELOPMENT AGREEMENT
TOWN OF MARANA, ARIZONA
THIS DEVELOPMENT AGREEMENT �tYliS ��Agreement�� is made and entered into by and
between the TOWN OP MARANA, an Arizona municipal (the " Towri'), and
CONT'INENTAL RANCH DEVELOPMENT, LLC, an Arizo�„ ���nited liability company (the
"Owner"). The Town and the Owner are sometime� �€�.�ctively referred to as the "Pa�'-
ties;' either one of which is sometimes individua�'��fer�,to as a"Party."
A. The Owner is the current owner o� �
� ,.;�
on Tiffany Loop bearing Pima County As�
ferred to in this Agreement as the "Owner'
and incorporated by this refere , this Ag
B. The Owner's Land is a po
Continental Ranch Specific Plan
amended by Town of ��,�na C
2002A1, and 2002.1�`��„ ,
C. The Parties
ject containing rF
Ranch Sve�i�-i��,�
D ��t�t to = �
dress ' ous public
Land. y �� �� ,:;.,
E. The D���j ment is
strategies and �i �' ected
many years. ���
diri`";; e N
� ::::
he Ow�
uses anc� �
���t (the
nditi'
�_�
�e and d�
„
rcel of land located
�be -08-010B and re-
in Ex ���. A attached to
I�ch Parcel 60, as depicted in the
��� ,
of " a Ordinance No. 88.09 and
�, 96 ���7.29, 98.25, 99.25, 2000.01,
�evelog �he Owner's Land into a pro-
uses consistent with the Continental
Agreement, the Parties desire to ad-
ment issues related to the Owner's
t�ith the Towri s long-term economic development
a source of significant tax revenue for the Town for
F. The Developme�� �[�� �iave a substantial positive economic impact on the Town
because it is expected t�rovide commercial and retail opportunities consistent with
the businesses targeted by the Town.
G. The Development is in compliance with the Town's adopted and approved Gen-
eral Plan (as defined in A.R.S. § 9-461).
H. The Development is in compliance with the Continental Ranch Specific Plan.
I. The Town is authorized by A.R.S. § 9-500.05 to enter into a development agree-
ment with a landowner or other person or entity having an interest in real property
{00035317.DOC / 2} CoNT[NStv'rAL RAtvCH PnxCE[. 60 DEVE[.ort�tztv'r AGxE�tvtENT 9/5/2013 2:46 PM FJC
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Regul3rL'6uti�F����- - Page 21 of 52
located within the Town to facilitate development of the property by providing for,
among other things, the conditions, terms, restrictions, and requirements for develop-
ment and public infrastructure and the financing of public infrastructure.
J. In approving this Agreement, the Town Council has found and deterrnined that
certain activities relating to the Development are economic development activities with-
in the meaning of A.R.S. § 9-500.11, that all expenditures by the Town pursuant to this
Agreement constitute the appropriation and expenditure of public monies for and in
connection with economic development activities and _�.. is appropriate to provide
the Owner with the reimbursement in this A�reem��=�` an inducement to cause the
Owner to construct, own and operate the DE
K. The Town adopted a notice of intent
14 days before the Town Council approved
� 9-500.11. �;
L. The Town Council finds that the
Town than the amount of the
Agreement.
M. An independent third par
Council's finding that the Developi�
amount of the reimbu ts to the
N. The Town
provided pursua
in the same time,
,,.
O.T
will �ertaii
�:: a
and d��lv benE
P. The'"
tended to r�
costs and �
Agreement.
contributions as described more specifically in this
AGREEMENT
Now, TxEREFOxE, in consideration of the foregoing recitals, which are incorporated
into this Agreement as though fully restated here, and the muttxal covenants set forth in
this Agreement, the Parties hereby agree as follows
1. Term. This Agreement shall become effective upon its execution by all the Parties
and the effective date of the resolution of the Town Council approving this Agreement
(the "Effective Date"). The term of this Agreement shall begin on the Effective Date and,
unless sooner terminated by the mutual consent of the Parties, shall automatically ter-
minate and shall thereafter be void for all purposes on the 15th anniversary of the Effec-
tive Date.
{00035317.DOC / 2} CONTINENTAL RANCH PARCEL 60 DEVELOPMENT AGREEMENT 9/5/2013 2:46 PM FJC
-2-
�
it will
the Town.
r� Agreernent not less than
x
, ��ompliance with A.R.S.
raise �, �,, revenue for the
r within�t��,zration of this
Owner has verified the Town
��enue for the Town than the
�1
of this Agreement.
xsements to the Owner
not locate in the Town
the reimbursements to the Owner.
infrastructure construction costs and
ructure in the immediate vicinity of
nent'` the �" r provided pursuant to this Agreement are in-
� � ,; ;;
the Cru���r for i""out-of-pocket public infrastructure construction
Regul��ii�cii I���� - Page 22 of 52
2. Pro�osed uses. The Owner intends attract a retail establishment with longevity in
marking, selling, and servicing specialized construction, agricultural, turf and forestry
equipment and products. Overall, the Development will create substantial additional
sales tax revenues for the Town, will assist in the creation or retention of jobs and will
otherwise improve or enhance the economic welfare of the residents of the Town by
bringing customers to the Development from the Town and surrounding communities.
3. Definitions. The following definitions shall apply to this Agreement:
(A) "Construction Sales Tax Revenues" mean
action privilege taxes (currently 4%) generated p
the Marana Tax Code from construction con +�
� ,-,.
occurring as part of the Development. ��-
(S) The "Development" is
graph 2 above.
iortions of the Town's trans-
t to Section 8-415 or 8-416 of
�peculative builder activities
(C) "Development Regulations" is def
(D) The "Owner`s Land" ��e�ined in
(E) "Public Improvem
serving the Development:
(i) Public
(ii) Publ�
(iii) Publi
C
4
�
described in para-
types of public infrastructure
�.'�T'ublic T` vem��;�osts' �����'a�T costs, expenses, fees, transaction privi-
leg�=�ces and cha ", ctu��.� �ncurred �nd paid by or on behalf of the Owner be-
fore ti�� nd Annivers � ate �" 's Agreement to contractors, architects, engineers,
surveyo overnment`� �� �genci other professionals and consultants, and other
third parti� �r materia�� �abor, planning, design, engineering, surveying, site ex-
cavation and ��`�aratio�� �overnmental permits and payments, payment and per-
formance bonds; ��.er ���ssional services, and all other costs and expenses related
or incidental to anc� ��onably necessary for, the acquisition, improvement, con-
struction, installat�on; ` or provision of the Public Improvements, together with all
costs associated with the acquisition of lands, rights-of-way and easements either to
be dedicated to the Town or upon which Public Improvements are to be constructed.
(G) "Reimbursement Account" means a separate account within the Town's
General Fund or accounted for by an appropriate book or ledger entry designation
for the purpose of making Reimbursement Payments (see paragraph 10 below)
(H) "Reimbursement Payments" is defined in paragraph 10 below.
{00035317.DOC � 2} CONTINENTAL RANCH PARCEL 60 DEVELOPMENT AGREEIvtENT
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Regul�� i���d,'�' ��Pob 3 e��82013 - Page 23 of 52
(I) "Sales Tax Revenues" means that portion of the Town's transaction privilege
taxes (currently 2%) generated from the following activities occurring within the
Development:
(i) Amusements, exhibitions and similar activities pursuant to Section 8-410 of
the Marana Tax Code.
(ii) Hotels pursuant to Section 8-444 of the Marana Tax Code.
(iii) Rentals pursuant to Section 8-445 of the M, l a Tax Code.
(iv) Restaurants and bars pursuant to Secti�
(v) Retail sales pursuant to Section
References to sections of the existing
ing sections of successor codes.
4. Development regulations. The I
zoning or land use designation, the
the Owner's Land. The Marana �
tions, substantive procedures, art��`
approved by the Mayor and Cou��
effect on the Effective Date shall apj
the event of any exp� �nflict, 1
control over this �.��in�.� �s to
Agreement shall c����l over �� M
or procedural matter 'xe ' �
5. Dev :" � �
� �.:
with t e�o�
basic � uses, and
the lanct i��s autho
applicable
of the De�
for the De�
Regula
as may
to
��na Tax C
�nt shall be
��� Ranc� :��
C�� " iu
latin� � des
vely th� � �
of the Marana Tax Code.
ana Tax Code.
hall include correspond-
� --�
;overn�;� the underlying
cific Plar�; standards for
ng the writ��`rrules, regula-
�opment of land, adopted or
ana Development Code') in
Kered by this Agreement. In
evelopment Code shall
legislative matter, and this
�de as to any administrative
��������nt s� be developed in a manner consistent
�ons and �����i�reement, which together establish the
�ti' `' �tensitie d development regulations that apply to
the :'� lopment. Upon the Owner`s compliance with the
�rv an `` roval procedures and substantive requirements
�tis, the Town agrees to issue such permits or approvals
���requested by the Owner.
6. Public improve ��ruction and reimbursement. As a condition precedent to re-
ceiving Reimbursemen� � ments under paragraph 10 of this Agreement, and not as a
separate contractual obligation, the Owner shall, in conjunction with its construction of
the Development and in accordance with the State of Arizona and the Town public
infrastructure construction procurement laws and procedures:
(A) Design and construct the Public Improvements; and
(B) Pay all Public Improvement Costs as they become due.
7. Reimbursement amount. The Town shall make Reimbursement Payments to the
Owner for the Owner's Public Improvement Costs constructed and paid for within two
years of the Effective Date of this Agreement. The Town shall not make Reimbursement
Payments to the Owner for Public Improvement Costs which are constructed or paid
{00035317.DOC � 2} CONTININTAL RANCH PARCEL 60 DEVELOPMENT AGREEMENT
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Regul�� i�����',�'° �ob�P�82013 - Page 24 of 52
for after the 2nd anniversary of the Effective Date of this Agreement. The Owner shall
submit to the Town a quarterly statement showing the actual construction costs in-
curred and contributions paid or credits received to date for the Public Improvements.
The Owner shall provide the Town with invoices or other backup information reasona-
bly requested by the Town to confirm the accuracy of the Ownex's quarterly statement
of costs and contributions or credits.
8. Reimbursement account. The Town shall deposit into the Reimbursement Account
45 % of the Sales Tax Revenues (see paragraph 3(I) abo�� �s they are received from the
� �
Arizona Department of Revenue, beginning with the ��:�uch revenues generated from
the Development and ending upon the expiratiox� c�� �� Agreement. Funds in the Re-
imbursement Account shall be reimbursed to �� ��� pursuant to paragraph 10
��
below. `�°�,, . f ::�:.
9. No reimbursement out of Construct
bursement under this Agreement shall
paragraph 3(A) above).
10. Reimbursement Payments. -, �.
days of each calendar quarter al� ,�
��
ment Payments"), beginning the f��
Tax Revenues (see para�raph 3(I) a�
accrued in the Reiml�����.t Acco
expiration of tlus ��men� �� be
tion of this A�reem �:_
11. Owner ��dzt N
�,.��
cost, au� � � �
�^
to assz� ��romvt a � �
as requ�� pursuant tc� �
shall be s t to all app��
of transact�o ��rivilege tax
12. Annual r '" With
�a e .
Town shall dehve the
attributable to the De ��
the amount deposited in�:
s Tax Revenues." ortion of any reim-
of Construction � ^ „ ax Revenues (see
�n shal� ��.� �o the Owner w'i � the first 45
�n the Re��i�zrsement Account (
;�„
quarter ��r the Town's receipt of Sales
) g�, , d by , Development. Any funds
but n�� �� �sbu'`' to the Owner upon the
€�� �.� �wr���ithin 30 days after the expira-
` �e eac�. ��lendar year, the Owner may, at its own
�� � ,�..
ns a�i��`�t�ier a��ropriate financial records of the Town
�,��osit in�:�e 12eimbursement Account of all revenues
��ient. The Owner audit authorized by this paragraph
la ���at may prohibit or limit the dissemination or use
� days following the end of each Town fiscal year, the
�ier a report of all Sales Tax Revenues generated by or
nt which have been utilized by the Town in determining
Reimbursement Account.
13. Limitafions. During the Term of this Agreernent, the Town shall not enter into
any agreement or transaction which impairs the rights of the Owner under this Agree-
ment, including, without limitation, the right to receive the Reimbursement Payments
and the proceeds of the Reimbursement Account in accordance with the procedures
established in this Agreement.
14. Multiple business locations; release of tax information. Since some businesses with
multiple locations in the Town report their transaction privilege taxes on the basis of
revenues for all their locations in the Town, rather than separately for each Ioeation, the
Owner shall request each such business to separately report transaction privilege taxes
{00035317.DOC / 2} COtsruvEtvTAL RnNCH PARCEL 60 DEVELOPMEtv'r AG�EMENr 9/5/2013 2:46 PM FJC
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Regul�� ����'��'°6�Pob - Page 25 of 52
for transactions at its business located in the Development. The Owner shall exercise
reasonable efforts to obtain from all businesses in the Development a consent to release
of tax information in a form reasonably acceptable to the Town. If the separate report
required by this paragraph is not provided to the Town, the Town shall make a reason-
able estimate of the Sales Tax Revenues derived from the Development based on all
information available to the Town, including information provided by the Owner, and
the good faith certification by the Town's Finance Director shall be considered final and
binding upon the Owner. The final certification of the T��ri s Finance Director shall be
subject to all applicable laws that may prohibit or 1�����he dissemination or use of
transaction privilege tax and related information. �
� �y_
15. Town review and approval of plans.
ment, the development and construction
Town's normal plan submittal, review a:
spection requirements.
16. Development impact fees. Nothing in 1
or reduction of development ir����t fees
A.R.S. § 9-463.05 and applicable �r ���.ev
17. Cooperation and alternative
(A) Appointmen�,��°�zrese
operate in the p��� � ��
ignate and app�" �" a repre�
ious departments the O�±
Represer�t��ave") sh �:�e �
��� �
Chv�` '� £ eg ���
�a .=
res+���ives sha � avai��.�
for��ce of the Par�.� and �
B
t ) �?
�_
ment (the ���
under this �
give written
Performing
in
. The
ora��
� at all
blic
nt of the Parties to co
Owner each shall des-
`a liaiso�y�tween the Town and its var-
representative for the Town (the "Town
�r, and the initial representative for the
i� to be selected by the Owner. The rep-
ile times to discuss and review the per-
edtes�� ;�ither Party does not perform under this Agree-
��
� Party ) with respect to any of that Party's obligations
�ther Party (the "Demanding Party") shall be entitled to
�nanner prescribed in paragraph 18 below to the Non-
notice shall state the nature of the non-performance
claimed and make �hand that such non-performance be corrected. T'he Non-
Performing Party shall then have (i) 20 days from the date of the notice within which
to correct the non-performance if it can reasonably be corrected by the payment of
money, or (ii) 30 days from the date of the notice to cure the non-performance if ac-
tion other than the payment of money is reasonably required, or if the non-monetary
non-performance cannot reasonably be cured within thirty days, then such longer
period as may be reasonably required, provided and so long as the cure is promptly
commenced within thirty days and thereafter diligently prosecuted to completion. If
any non-performance is not cured within the applicable time period set forth in this
paragraph, then the Demanding Party shall be entitled to begin the mediation and
{00035317.DOC f 2} CANTINENTAL RANCH PARCEL 60 DEVELOPMENT AGREEMIIVT
-6-
�
provided in this Agree-
ements is subject to the
and construction in-
1 be co ed as a waiver
by the "° pursuant to
9/5/2013 2:46 PM FJC
Regula�` L'�u�cil Ni����- T82013 - Page 26 of 52
arbitration proceedings set forth in this paragraph. The Parties agree that due to the
size, nature and scope of the Development, and due to the fact that it may not be
practical or possible to restore the property to its condition prior to Owner's devel-
opment and improvement work, once implementation of this Agreement has begun,
money damages and remedies at law will likely be inadequate and that specific per-
formance will likely be appropriate for the non-performance of a covenant contained
in this Agreement. This paragraph shall not limit any contract or other rights, reme-
dies, or causes of action that either Party may have at l�yv or in equity.
(C) Mediation. If there is a dispute under this A��
resolve between themselves, the Parties agree y� �
um on arbitration during which time the Pa�'� agt�
pute by nonbinding mediation before co��ncernent
shall be held under the commercial m� �n rules of
sociation. The matter in dispute shall '�i
by the Owner and the Town. If the Parfi�
diator within seven days, then within three
shall request the presiding j �f the Su
ma, State of Arizona, to app�� ��de�
shall have at least five years' ex� 'en y �'
,
to real estate c
between the T
on the Parties,
um.
be
r�,�.ent. The c�
k�� �.� Qwner.
any P�� shall
the
award
n Arb�
by the
in and for t1i�County of Pi-
ator. The mediator selected
arbitrating disputes relating
shall be divided equally
� tion shall be nonbinding
bitration after the moratori-
as pr 'ded for in this paragraph 17, any dis-
���orr ; ising out of or relating to this Agree-
n o� "��;�natter by both Parties to binding arbitra-
of the American Arbitration Association and the
F,-A.R.S. § 12-501 et seq., and judgment upon the
�'°'may be entered in a court having jurisdiction.
18. Notices. �����tices, r ests and other communications under this Agreement
shall be given in ��:t�ig ,`either (i) personally served on the party to whom it is
given, or (ii) mailed b� r���ered or certified mail, postage prepaid, return receipt re-
quested, or (iii) sent by private overnight courier such as Federal Express or Airborne,
or (iv) transmitted by facsimile (provided that a confirming copy of the facsimile trans-
mission is mailed on the date of such transmission), addressed as follows:
If to the Town:
TOWN OF MARANA
11555 W. Civic Center Drive, Bldg. A3
Marana, Arizona 85653-7006
Tel (520) 382-1900
Fax (520) 382-1901
{00035317.DOC � 2} CONTININTAL RANCH PARCEL 60 DEVELOPMENT AGREEMIIVT
-7-
�nt which the Parties cannot
shall be a 45-day moratori-
o attempt to settle the dis-
�bitration. The mediation
e�'°��rican Arbitration As-
to a med���� mutually selected
�ee upon f�� �lection of a me-
���fter the To ' d the Owner
9/5/2013 2:46 PM FJC
Regul��u�cil I���n�- - Page 27 of 52
If to the OwIVER:
CONTINENTAL RANCH DEVELOPMENT, LLC
6088 W. Arizona Pavilions Dr.
Tucson, AZ 85743-7482
Attention: Greg Wexler
Telephone: (520) 744-8500
All notices shall be deemed given when delivered or
mailed as provided above, on the second day after th�
overnight courier, on the next day after the date of ���
may change its address for the receipt of not�ce ���
. �
thereof to the other parties in accordance with �i . rm;
��
nsmitted by facsimile or, if
t� of mailing, and if sent by
with the courier. Any party
me by giving written notice
�.is section. The inability to
dehver notice because of a changed addres, �hich no nc��,� was given, or rejection
or other refusal to accept any notice, sh�� A�`deemed to be t�� �fective receipt of the
notice as of the date of such inability to de���� or rejection or refu��;�o accept.
19. Miscellaneous.
(A) T'his Agreement may
ties.
(B) Time is of the essence of
(C) This Agr���t� ��1 be
laws of the St�� "'of Ariz�,
Agreement or to'���in any\\ �
in the Pima Count� ��?er
irrev������nt to'� s
either 'a�
it or if a
�tf this A
dispute, ��� case
other party � �� o
without lirruta � �
in a writing signed by the Par-
go��ed �;- � a ,,rpr��ed in accordance with the
and " , suit orce any provision of this
,edy w e�espect to this Agreement shall be brought
rt, an , this purpose the Parties expressly and
�;.:: �
,, �f th���rna Couniy Superior Court.
�s fails tc� ��rform any of its obligations under this
�� concerning the meaning or interpretation of any
t, th faulting party or the party not prevailing in the
shall '`�y any and all costs and expenses incurred by the
�stablishing its rights under this Agreement, including,
'�ts and reasonable attorneys' fees.
(E) This Agree�� �ay be executed in multiple counterparts, each of which
shall, for all purposes� �ie deemed an original and all of which, taken together, shall
constitute one and the same agreement.
(F) This Agreement shall be binding upon and inure to the benefit of the Parties
and their respective successors in interest and assigns; provided, however, that no
assignment of this Agreement shall in any way relieve the assignor of its obligations
under this Agreement.
(G) This Agreement is subject to A.R.S. § 3$-511, which provides for cancellation
of contracts in certain instances involving conflicts of interest.
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Regula7` L;�u�ai I���{����- - Page 28 of 52
9/5/2013 2:46 PM FJC
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the last
date set forth below their respective signatures.
THE "TOWN The "OWNER":
TOWN OF MARANA, an Arizona CONTINENTAL RANCH DEVELOPMENT, LLC,
municipal corporation an Arizona limited liability company
:
Ed Honea, Mayor
Date:
ATTEST:
Jocelyn C. Bronson, Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
STATE OF ARIZONA � ��� ' ��
� �.
�..
County of Pima � :
�
The f
Mark
(Seal)
Manager
before me on by
;�ANCH DEVELOPMENT LLC, an Arizona
Notary Public
EXHIBITS
the "Owner's Land"
{00035317.DOC / 2} CONTINENTAL RANCH PARCEL 60 DEVELOPMEN'T AGREEMENT
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:
Date:
9/5/2013 2:46 PM FJC
Regul��ii�ii I���E��� '�b 3 e ��82013 - Page 29 of 52
11555 W. CNIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, October 1, 2013, 7:00 PM
To: Mayor and Council
From: Jane Fairall, Deputy Town Attorney
Strategic Plan Focus Area:
Progress and Innovation
Strategic Plan Focus Area - Additional Information:
Item C 4
Initiative 2 under Progress and Innovation is to develop partnerships, policies, and programs for the
effective use of taxpayer resources. Included within this initiative is the strategy of identifying
partnerships and IGAs with other communities in the region where mutually beneficial solutions to
service delivery can be achieved. Initiative 3 under Progress and Innovation is to maximize the use and
integration of technology as a strategic asset in the delivery of public services.
Subject: Resolution No. 2013-089: Relating to the Police Department; approving and authorizing the
Chief of Police to execute a memorandum of understanding with the Yuma Regional
Communications System for the use of a system-wide calting channel
Discussions
The Racketeer Influenced and Corrupt Organizations Act (RICO) project for Radio Communications
Interoperability built out 700 MHz digital radio coverage in regions throughout Arizona through a
cooperative effort between the Yuma Regional Communications System (YRCS), the Department of
Public Safety (DPS), and the Public Safety Interoperable Communications (PSIC) Off'ice. As part of the
project, equipment was purchased for agencies in the affected regions and a dedicated talk group has
been established on the system for a Southeastern Arizona Communications Center Ta1k Group,
The proposed memorandum of understanding (MOU) will provide the Marana Police Department with
access to a wide area channel for dispatchers to share information and coordinate efforts between
participating agencies. The channel may be used for situations such as requesting resource assistance
(i.e., K9, helicopter, officers), broadcasting critical attempts to locate (i.e., missing children, carjacking,
pursuit), and immediate notification of equipment failures and evacuations. Additionally, participation
in this system will provide an increase in radio coverage throughout the region.
Under the MOU, the YRCS will provide and install the necessary equipment for participation to the
MPD at no cost. The Town will be responsible for installing the antenna system and other hardware
needed to operate the equipment. YRCS will maintain, upgrade, service and support the equipment for a
period of two years. After that time, the Town will become responsible for maintaining the equipment.
The MOU may be terminated at any time, with or without cause.
Financial Impact:
The initial phase of the MOU will be implemented at no cost. After two years, if the MOU is still active,
the maintenance costs will need to be budgeted.
Regular Councii Meeting - October 1, 2013 - Page 30 of 52
ATTACHMENTS:
I�ame: ty}esct•ip�ic�n:
� Reso 2013-089 Yuma.dQC R�so 2t�13-C389
0
Ex A#o resolution with Yuma.DOC �x R Mt�U �ith YRCS
Staff Recommendation:
Staff recommends approval of the MOU.
Suggested Motion:
Tyr�e:
Rest�lution
�
I move to adopt Resolution No. 2013-089, approving and authorizing the Chief of Police to execute a
memorandum of understanding with the Yuma Regional Communications System for the use of a
system-wide calling channeL
Regular Council Meeting - October 1, 2013 - Page 31 of 52
MARANA RESOLUTION NO. 2013-089
RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE
CHIEF OF POLICE TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE
YUMA REGIONAL COMMUNICATIONS SYSTEM FOR THE USE OF A SYSTEM-WIDE
CALLING CHANNEL
WHEREAS the Yuma Regional Communications System operates a regional
communications system for law enforcement and desires to allow the Marana Police Department
to use the system pursuant to a memorandum of understanding; and
WHEREAS the Yuma Regional Communications System is authorized by Federal
Communications Commission Part 90 Rules to extend license privileges to others by agreement;
and
WHEREAS the Town Council finds that adoption of the memorandum of understanding
is in the best interests of the Town of Marana and its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, as follows:
SECTION 1. The memorandum of understanding between the Town of Marana and the
Yuma Regional Communications System, attached to and incorporated by this reference in this
resolution as Exhibit A, is hereby approved and the Chief of Police is hereby authorized to
execute it for and on behalf of the Town of Marana.
SECTION 2. The Town's Manager and staff are hereby directed and authorized to
undertake all other and further tasks required or beneficial to carry out the terms, obligations, and
objectives of the memorandum of understanding.
Resolution 2013-089
Regular Councii Meeting - October 1, 2013 - Page 32 of 52
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 1 St day of October, 2013.
Mayor Ed Honea
ATTEST: APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney
Resolution 2013-089
Regular Council Meeting - October 1, 2013 - Page 33 of 52
MEMORANDUM OF UNDERSTANDING (MOU)
System-Wide Cailing Channel
Yuma Regional Communications System (YRCS)
�7�L:J
(Authorized Federal, Tribal, State, Local Agency, or Emergency Organization)
1 PURPOSE
This Memorandum of Understanding (MOU) is between the Yuma Regional Communications System
(YRCS) and (Signing Agency or User).
This MOU establishes permission and guidelines for use of a system-wide calling channel on the Yuma Regional
Communications System (the "System-Wide Calling Channel).
This MOU and the �c�cr�fa�ast�rr� �r�.��sr€� �c�rrz�rrcrrzic�tiorr� ��ra��r° 7`�1# �ra�r� (�C1F�) rfocumer�� imposes
certain protocols, procedures, and obligations upon the Signing Agency and their users he�eby authorized to use
the System-Wide Calling Channel.
�l��iT�� ►, � r��
This MOU satisfies Federal Communications Commission Part 90 Rules for extending license privileges to others
by agreement.
'�� '� ��
_ � •
Agencies and organizations wishing to operate on the System-Wide Calling Channel must sign a Memorandum af
Understanding (MOU) with the Yuma Regional Communications System (YRCS) which along with the State of
Arizona hold the FCC licenses for the system's frequencies.
For the purpose of this MOU, any references to YRCS include any YRCS personnel and\or contractors working
on behalf of YRCS.
4 Communications Equipment Provided by YRCS
YRCS shall provide the following equipment to the signing agency at no cost to the signing agency:
One Motorola XTL 1500 Radio as a controt station within the Agencies Dispatch Center.
An antenna system consisting of;
The omni 700/800 MHz Antenna, 75ft coax assembly with connectors, lightning suppressor, 20ft
jumper cable for the indoors, and an interface cable that connects to the radio and provides a
RJ45 connector for interFacing TX/RX audio and PTT keying.
The signing agency shall accept responsibility for providing installation of the antenna system and the 12Vdc
required to operate the control station and any mounting hardware required. Additionally, for the retum of any
equipment in the condition that it was received.
Resource Modifications — The signing agency shall not reprogram or modify any YRCS provided equipment
without prior written permission from YRCS. Should a modification need to be made by YRCS, the signing agency
will follow the procedures outlined in the Sc�utheasfern �rizona �am€rzunic�ti�r�s �erster T"a#� Group.
{00035343.DOC /} Page 1 of 4
Revision 03/2012
Regular Council Meeting - October 1, 2013 - Page 34 of 52
5 UNDERSTANDINGS
YRCS will:
I. Manage and maintain proper license for the use of the System-Wide Calling Channel identified herein.
11. Manage and maintain an accurate database of federal, state and local govemment agencies that have
accepted and signed this MOU.
III. Manage and maintain the System-Wide Calling ChanneL
IV. Install its equipment in such a manner as to not interfere with any existing equipment. YRCS agrees that
it will not alter, move or rearrange any existing equipment without prior written authorization from the
signing agency as necessary. Hardware installations will not exceed load limits of existing equipment or
restrict access to existing equipment. Installation locations will be agreed upon by the signing agency.
V. Provide advance notice to the signing agency whenever YRCS needs access to the site location and will
coordinate through the ident�ed signing agency POC.
VI. Coordinate radio frequencies with signing agency personnel in order to avoid harmful radio interference.
Emissions will not cause radio interference with existing systems. Interference issues will be resolved
cooperatively between the signing agency and YRCS technical personnel. If a resolution cannot be found,
YRCS will de-energize and/or remove equipment (if warranted) until a solution is identified.
Vlf. Provide for services for the installation, upon request, maintenance, system upgrades, service, removal,
and support for the electronic equipment involved in this MOU, which includes, but is not limited to radios,
cabling, and related equipment, for a period of two years from the signing date of this MOU. The
requesting agency shall be responsible for in-state travel reimbursement.
Signing Agency wilL
I. Train on use of the System-Wide Calling Channel during regional and statewide communications
planning and exercises when appropriate.
tl. Manage the use of the System-Wide Calling Channel by its employees, ensuring compliance with the
MOU and the Sea�rth�a�t�rra ,�1rir�r€� �or�rrrcarr����ic�rrs ��n��r �°atk Grc�up and use for intended
purposes and compliance with federal/state/local laws, ordinances, and rules.
III. Ensure the System-Wide Calling Channel is monitored as identified in the South���ferr� �rizana
Cornr�a�rricatiarrs Cenf�r �"�Pk Group.
IV. Report any technical and maintenance problems with the System-Wide Calling Channel to YRCS
following the procedures outlined in the sc��rt�iea�t�r�rz ,4rize��a Cc��a►rr��rr�icat�ons ��rxf�r 1`��k Crc�u�.
V. Participate in regular open-net tests of the System-Wide Calling Channel as identified in the
�c�crt�rea�t�rrz �Ariaor�a Cc�nxr�a�rrric�fr"t��a,s Gen��r� �`��� Grcxu�.
VI. Provide YRCS access to the facility identified in MOU Section 8 Agreement ta enable installation of the
equipment in an appropriate rack space with power required.
VII. Provide services and/or coordination of maintenance, system upgrades, service, removal, and support for
the electronic equipment involved in this MOU, which includes, but is not limited to radios, cabling, and
related equipment at the end of the two year period from the signing date of this MOU_ The signing
agency shall be responsible for replacement of the electronic equipment, as required, in instances such
as the YRCS FCC mandated 700 MHz upgrade to TDMA by January 2017.
The parties mutually agree:
Exhibit A- Resolution 2013-089 Page 2 of 4
Revision 08/2012
Regular Council Meeting - October 1, 2013 - Page 35 of 52
User and YRCS agree this MOU may be cancelled at any time, by written notice to the other party, or by
subsequent agreements. Termination may occur with or without cause, and the signing agency or YRCS
can terminate this MOU at any time.
I1. If this MOU is terminated, the equipment shall be returned to YRCS and YRCS will coordinate for the
removal of equipment installed pursuant to this agreement within 60-days of receipt of written notice of
termination of this MOU.
6 Notice
Notice to either party under this MOU will be effective upon receipt of the notice by the narned Point of Contact
(POC) at the addresses and contact numbers identified below.
Signing Agency POC: The Signing Agency POC, address and contact numbers shall be as identified in
Section 8 Agreement below.
II. YRCS POC: The YRCS POC, address and contact number shall be:
City of Yuma, Stephen Holland
Assistant IT Director of Telecommunications
One City Plaza, P.O. Box 13014
Yuma, Arizona 85366
(928) 373-4902
7 MISCELLANEOUS
Conflict of Interest — This Agreement is subject to cancellation for conflicts of interest under the provisions
of A.R.S. § 38-514.
II. E-Verify — Both Parties acknowledge that immigration laws require them to register and participate with
the E-Verify program (employment verification program administered by the United States Department of
Homeland Security and the Social Security Administration or any successor program) as they 6oth
employ one or more employees in this state. Both Parties warrant that tney have registered with and
participate with E-Verify. If either Party later determines that the other non-compliant Party has not
complied with E-Verify, it shalt notify the non-compliant Party by certified mail of the determination and of
the right to appeal the determination.
III. Sudan and Iran — Pursuant to A.R.S. §§ 35-391.06 and 35-393.06, both of the Parties hereby warrant,
and represent that they do not have, and its subcontractors do not have, and during the term hereof will
not have a scrutinized business operation in either Sudan or Iran.
IV. Indemnification - Each party (as "indemnitor") agrees to indemnify, defend, and hold harmless the other
party {as "indemnitee") from and against any and all claims, losses, liability, costs, or expenses (including
reasonable attorney's fees) (Mereinafter collectively referred to as "claims") arising out of bodily injury of
any person (including death) or property damage, but only to the extent that such claims which result in
vicarious/derivative liability to the indemnitee, are caused by the act, omission, negligence, misconduct,
or other fault of the indemnitor, its officers, officials, agents, employees, or volunteers.
V. Severability - Nothing in this MOU is intended to conflict with existing laws and/or regulations, with any
contractual responsibilities and obligations imposed by third-party contracts or agreements, or with the
agency directive of the signing agency or YRCS. If a term of this agreement is inconsistent with such
authority, then that term shall be invalid, but the remaining terms and conditions of this agreement shall
remain in full force and effect.
Exhibit A- Resolution 2013-089 Page 3 of 4
Revision 08/2012
Regular Council Meeting - October 1, 2013 - Page 36 of 52
8 Agreement
This Memorandum of Understanding was agreed to this day of , 20
Signing Agency Name:
Address:
Authorized Signer
Signature:
Print Name:
Title:
Point of Contact
Name:
Title:
Phone:
EmaiL•
Address:
Installation Facility (If applicable)
Facility Name:
Facility Address:
City, State, Zip:
Facility 24 hour Phone Number:
Do not write below this tine.
,�.«*,�,�.�,t,��,�«,t,�,t«.*.�::*:+��,+�,��,�x+�«,k,��«+�*.«,�*,�+�*,��«.��,�:*.*,�,�:.....x,�,t.,�*.,��,�:�,�,�«,t�:*,�:,��,�+�,��«�
Yuma Reqional Communications Svstem
Signature:
Leon N Wilmot
Yuma County Sheriff
Chairman, YRCS
Exhibit A- Resolution 2013-089 Page 4 of 4
Revision 08/2012
Regular Council Meeting - October 7, 2013 - Page 37 of 52
11555 W. CNIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, October l, 2013, 7:04 PM
To: Mayor and Council
From: T VanHook, Community Development Director
Strategic Plan Focus Area:
Community, Heritage
Strategic Plan Focus Area - Additional Information:
Item C 5
Working with community partners and heritage organizations to create oral and written history is an
action strategy under the "Heritage" focus area of the Marana Strategic Plan. The Town's
partnership with the Marana Heritage Conservancy has strengthened the Conservancy's ability to
identify and showcase the contributions of different peoples, cultures and ethnicities to the development
of Marana.
Subject: Resolution No. 2013-090: Relating to Community Development; approving and authorizing
the Mayor to execute a Grant-in-Aid Fiscal Agent Agreement between the Tohono O'odham
Nation and the Town of Marana on behalf of the Marana Heritage Conservaney for purposes
of funding the Heritage on Wheels program
Discussion:
The Marana Heritage Conservancy was established in 2009 as an Arizona 501(c)(3) non-profit
corporation devoted to preserving and promoting the history of the Marana area and educating the
community by collecting and preserving photographs, documents, and artifacts relating to the peoples of
the area.
The Conservancy's mission is to showcase the contributions of the many peoples and cultures in the
Marana area, particularly as they relate to the evolution of the rural and agricultural landscape through
preservation, education, and promotion.
Proposition 202, the Indian Gaming Preservation and Self-Reliance Act passed in 2002, directs the
Governor to enter into a gaming compact with any Tribe that requests one. The law also requires that
the Tribal/State Gaming Compacts must include a provision requiring Tribes to contribute a percentage
of the Tribe's gross gaming revenue to the state. Of that contribution, 12% is to be distributed to local
governments to provide government services that benefit the general public.
The Tohono O'odham Nation has chosen to distribute its local government contribution to non-profit
organizations through Grant Agreements with local governments. The Marana Heritage Conservancy
submitted a grant request to the Nation for $28,308 to help the Conservancy continue
offering educational activities that serve Marana residents by developing the Heritage on Wheels
program. The Nation has awarded these fund and is now asking the Town to execute a grant agreement
and oversee the funding to the Conservancy.
Financial Impact:
Regular Councii Meeting - October 1, 2013 - Page 38 of 52
This funding is a pass-through. No Town of Marana funds will be used for this project.
ATTACHMENTS:
�4ame:
I�escriptac�n.:
T'ype:
Resoiution
� Reso 2013-490 for Grant.doc Res 2U93-{I9�3
f� Grant in Aid Aqreement - ����{ �� Ai � ���������
TO fundinq Marana Heritaae Conservancy.odf
Staff Recommendation:
Staff recommends approval of the agreement.
Suggested Motion:
Exhibit
I move to adopt Resolution No. 2013-090, approving and authorizing the Mayor to execute a Grant-in-
Aid Fiscal Agent Agreement between the Tohono O'odham Nation and the Town of Marana an behalf of
the Marana Heritage Conservancy for purposes of funding the Heritage on Wheels program.
Regular Councii Meeting - October 1, 2013 - Page 39 of 52
MARANA RESOLUTION NO. 2013-090
RELATING TO COMMUNITY DEVELOPMENT; APPROVING AND AUTHORIZING THE
MAYOR TO EXECUTE A GRANT-IN-AID FISCAL AGENT AGREEMENT BETWEEN THE
TOHONO O'ODHAM NATION AND THE TOWN OF MARANA ON BEHALF OF THE
MARANA HERTTAGE CONSERVANCY FOR PURPOSES OF FUNDING THE HERITAGE ON
WHEELS PROGRAM
WHEREAS the Constitution of the Tohono O'odham Nation, Article VI, Section 1( fl pro-
vides that the Tohono O'odham Legislative Council is authorized to negotiate and conclude agree-
ments on behalf of the Tohono O'odham Nation with federal, state and local governments; and
WHEREAS the Town of Marana may contract for services and enter into agreements with
other public agencies for joint or cooperative action pursuant to A.R.S. § 11-951 et seq.; and
WHEREAS The Marana Heritage Conservancy is authorized by A.R.S. § 10-3302(7) to make
contracts in accordance with the authority set forth in its articles of incorporation and bylaws; and
WHEREAS pursuant to the gaming compact between the state of Arizona and the Tohono
O'odham Nation, the Nation must contribute a designated percentage of its gross gaming revenues to
local governments to provide government services that benefit the general public; and
WHEREAS the Tohono O'odham Nation desires to contribute its designated revenues to
non-profit organizations through grant agreements with local governments; and
WHEREAS the Marana Heritage Conservancy has been chosen as a non-profit recipient of
grant funds from the Tohono O'odham Nation for purposes of funding the Conservancy's "Heritage
on Wheels" program; and
WHEREAS the Town desires to act as a fiscal agent for the Marana Heritage Conservancy to
receive and distribute the grant funds from the Tohono O'odham Nation; and
WHEREAS the Town Council finds that the Marana Heritage Conservancy's "Heritage on
Wheels" program benefits the general public, and that it is in the best interest of tne residents of the
Town of Marana to enter into this agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. The Grant-in-Aid Fiscal Agent Agreement between the Tohono O'odham Na-
tion and the Town of Marana on behalf of the Marana Heritage Conservancy, attached to and incor-
porated by this reference in this resolution as Exhibit A, is hereby approved and the Mayor is hereby
authorized to execute it for and on behalf of the Town of Marana.
Resolution 2013-090 - 1 -
Regular Councii Meeting - October 1, 2013 - Page 40 of 52
SECTION 2. The Town's Manager and staff are hereby directed and autharized to under-
take all other and further tasks required or beneficial to carry out the terms, obligations, and objec-
tives of the Grant-in-Aid Fiscal Agent Agreement.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN �F
MARANA, ARIZONA, this l day of October, 2013.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Resolution 2013-090 - 2 -
Regular Council Meeting - October 1, 2013 - Page 41 of 52
Grant-in Aid
Fiscal Agenfi Agreemenfi
between
the Tohono O'odham Nation
and
the Town of Marana
On behalf of
The Marana Heritage Conservancy
THIS GRANT-IN-AID Fiscal Agent Agreement, ("Grant") is entered into as of the 1 S `
day of October, 2013, by and between the Tohano O'odham Nation, a federally recognized
Indian tribe (the "Nation"), the Town of Marana, an Arizona municipal corporation (the "Town
of Marana"), and the Marana Heritage Conservancy, an Arizona non-profit corporation (the
"Marana Heritage Conservancy" or "Grantee").
RECITAi.S
A. The Constitution of the Tohono (J'odham Nation, Article VI, Section 1(�
provides that the Tohono O'odham Legislative Council is authorized to negotiate and conclude
agreements on behalf of the Tohono O'odham Nation with Federal, State and local governments.
B. The Constitution of the Tohono O'odharn Nation Article VII, Section 2(fj
provides that the Chairman of the Nation is the official representative of the Tohono O'odham
Nation; and as such, upon passage of a Resolution by the Legislative Council approving of any
agreement with Federa.l, State and local governments, the Chairman is authorized to sign such
agreement on behalf of the Nation.
C. The Town of Marana is authorized by A.R.S. §1i-952 to enter into agreements
with other public agencies for joint or cooperative action when such agreements are approved by
the Town CounciL
D. The Marana Heritage Conservancy is authorized by A.R.S. §10-3302{'7) to make
contracts in accordance with the authority set forth in its articles of incorporation and bylaws.
Now, therefore, in consideratian of the mutual promises contained herein, the parties
hereby agree as follows:
Regular Council Meeting - October 1, 2013 - Page 42 of 52
PROVISIONS
1. Purpose. The purpose of this Grant is to set forth the rights and responsibilities
of the parties with respect to the payment and distribution of the Contribution, as hereinafter
defined.
2. AccePtance of Daties; Manies Held in Trust. The Town of Marana agrees to
perform the duties of fiscal agent, paying agent and registrar for all monies the Nation deposits
with the Town of Marana for the benefit of the Marana Heritage Conservancy. T'he Town of
Marana shall hold this funding separate from all other monies in the possession or cantral of the
Town of Marana. The Town of Marana shall notify the Nation, at the address set forth in
Paragraph 11, that the Contribution monies are pravided to the Marana Heritage Conservancy
within 5 business days after the distribution is made.
3. Contributian. The Nation shall make a payment to the Town of Marana in the
axnount described in Exhibit "A" (the "Contribution") on or about Navember 29, 2Q13. T`he
Town of Marana shall then make this funding available to the Marana Heritage Conservancy as
quickly as is feasible. The Grantee may not change the scope of the project or use the funds for a
project other than that explained in Exhibit "A" without the written consent of the Nation.
4. Fnnding. The Contribution payment shall be delivered to the Town of Marana,
without any further notice or invoice required, at the address set forth in Paragraph 11 belaw,
upon the complete execution of this Grant.
S. Disbursement of Contribution. In accordance with the Town af Marana's
policies and procedures and upan satisfactory documentatian, as quickly as is feasible the Town
of Marana will distribute the funds to the Marana Heritage Conservancy.
6. Money Unclaimed. In the event that the Town of Marana is unable to distribute
the funding to the Marana Heritage Conservancy on or before January 1, 2014, the Town of
Marana shall immediately notify the Nation and the Nation will arrange for the funding to be
returned. Any interest earnings an the Contribution funding between the time the Nation
deposits the Cantribution with the Town of Marana and the time the Town of Marana disburses
the Contribution to the Marana Heritage Canservancy shall be paid to the Marana Heritage
Conservancy.
7. Consideration and Reliance. It is acknowledged that the Town of Marana's
prornise to accept and disburse the funds received by the Town of Marana pursuant to this Grant
is full and adequate consideration and shall render this promise to provide funding irrevocable.
8. Fees. The Town of Maxana sha11 not charge the Marana Heritage Conservancy
and shall waive any applicable adrninistrative or other fees related to this Gz and shall not
deduct any funds from the amount designated for contribution to the Marana Heritage
Conservancy.
9. Dispnte Resolution. The parties mutually agree that any disputes arising
between either 1) the Nation ar the Town of Marana or 2) the Marana Heritage Conservancy and
the Town of Marana pursuant to this Grant shall be resolved through infarmal dispute resolution.
Regular Council Meeting - October 1, 2013 - Page 43 of 52
Nothing herein is intended to be or shall be construed as a waiver of sovereign innmunity by
either party. In the event of a dispute between the 1V�arana Heritage Conservancy and the Town
of Marana, both the Marana Heritage Conservancy and the Town of Marana must notify the
Nation within five business days. Ail disputes that cannot be resolved through informai dispute
resolution shall be resolved in the Courts of the Nation, subject to the laws of the Nation.
10. Reports: Unless otherwise extended by the Nation upon request of the Marana
Heritage Conservancy, no later than July 31, 2014, the Marana Heritage Conservancy shall
provide a report ta the Nation explaining how and when the funds provided under this Grant
were used. This report may be in the form of an �davit signed by an off cer of the Marana
Heritage Conservancy and may be accompanied by supporting documentation. The report sha11
address: (i) charxges in the scope of the project or purchase funded under this grant, (ii) the total
expenses under the project or purchase funded by the Grant, (iii) a brief description of who has
benefited from this Grant, and (iv) the Grantee's next steps with regard to the project or purchase
made under this Grant. The Grantee will submit a final report to the Nation within 30 days of the
end of this Agreement.
11. Notices. Any notice, consent or other cornmunication required or permitted under
this Grant sha11 be in writing and shall be deemed received at the time it is personally delivered,
on the day it is sent by facsimile transmission, on the second day after its deposit with any
commercial air courier or express service or if mailed, three (3) days after the notice is deposited
in the United States mail addressed as follows:
If to the Nation: Dr. Ned Norris, Jr.
Chairman
P.O. Box 837
Sells, Arizona 85634
and
Special Counsel
P.O. Box 837
Sells, Arizana 85634
Telephane: 520-382-2028
Fax: 520-383-3379
If to the Town of Marana:
T. VanHaok
Director of Comrnunity Development
11555 W. Civic Center Drive
Marana, Arizona 85653
Phone: 520-382-1900
Fax: 520-382-1901
Email: tvanhook@marana.carn
Regular Council Meeting - October 1, 2013 - Page 44 of 52
If to the Marana Heritage Canservancy:
Patrick Nilz
President
P.O. Box 1074
Marana, AZ 85653
Phane: 520-682-3405
Email: flynpat@aol.com
Any time period stated in a notice shall be computed from the time the notice is deemed
received. Either party may change its rnailing address or the person to receive notice by
notifying the ather party as provided in this paragraph.
12. Term af Grant. The term of this Grant shall begin on #he date of execution and
shall terminate on the one-year anniversary af this Grant.
13. Entire Grant, Waivers and Amendments. This Grant is executed in three (3)
duplicate originals, each af which is deemed to be an original. This Grant constitutes the entire
understanding and agreement af the parties. This Grant integrates a1i of the terms and conditions
mentioned herein or inciden# hereto, and supersedes a11 negotiations or previous agreements
between the parties with respect ta all or any part of the subject matter hereof. All waivers of the
provisions of this Grant and ail amendments hereto must be in writing and signed by the
appropriate authoxities of each of the parties to this Grant.
14. No Waiver. Except as otherwise expressly pravided in this Grant, any failure or
delay by any party in asserting any of its rights or remedies as to any default, shali not operate as
a waiver of any default, or of any such rights or remedies, or deprive any such party of its right to
institute and maintain any actions or proceedings which it may deem necessary to protect, assert
or enforce any such rights or remedies.
15. Se�erability. If any provisian of this Grant shall be found invalid or
unenforceable by a caurt of competent jurisdiction, the remaining provisions 4f this Grant shall
not be affected thereby and shall be valid and enforceable to the fullest extent permitted by taw.
16. Sovereign Immunity. Nothing in this Grant shall be deemed a waiver of any
party's applicable sovereign immunity in any forum or jurisdiction.
Regular Council Meeting - October 1, 2013 - Page 45 of 52
�'t�i-�UI�1�3 Q't)I�HAI'� i'+IATIt.�N
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Regular Council Meeting - October 1, 2013 - Page 46 of 52
EXHIBIT "A"
Program
Heritage on Wheels
TOTAL
Cantribution
$28,308.00
$28,308.00
Regular Council Meeting - October 1, 2013 - Page 47 of 52
MARANA TOWN COUNCIL
SPECIAL COUNCIL MEETING/STRATEGIC PLANNING SESSION
MINUTES
11555 W. Civic Center Drive, Marana, Arizona 85653
2nd Floor Conference Center, Marana Municipal Complex
Thursday, September 19, 2013, at or after 8:00 AM
Ed Honea, Mayor
Jon Post, Vice Mayor
David Bowen, Council Member
Patti Comerford, Council Member
Herb Kai, Council Member
Carol McGorray, Council Member
Roxanne Ziegler, Council Member
SPECIAL COUNCIL MEETING/STRATEGIC PLANNING SESSION**
(Times are approximate and subject to change)
8:04 A.M. BREAKFAST
8:30 A.M. CALL TO ORDER AND ROLL CALL. Mayor Honea called the meeting to order at 8:30 '
a.m. Town Clerk Bronson called roll. Council Member McGorray participated by phone;
Council Member Kai arrived at 8:32 a.m. There was a quorum present.
PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE. Led by Mayor
Aonea.
APPROVAL OF AGENDA. Moz;on �o approve b,. V,�e M ayor P ost, second by C ou„�;r
Membe� Bowe,,, Passed 6-0.
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 comrnencement of the meeting. Individuals addressing a
meeting at the Call to the Public will not be provided with electronic technology capabilities
beyond the existing voice amplification and recording capabilities in the facilities and the Town's
Special Councii Meeting Minutes - 09/19l2013 Page 1
Regular Council Meeting - October 1, 20i3 - Page 48 of 52
overhead projector/document reader. Pursuant to the Arizona Open Meeting Law, at the
conclusion of Call to the Public, individual members of the Council may respond to criticism
made by those wlio have addressed the Council, and may ask staff to review the matter, or may
ask that the matter be placed on a future agenda
CONSENT AGENDA. Mot,o� ro approve by C ou„�;� M ember Bowen, second by V;�e Mayor
P ost. Passed unanimously.
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: Approval of September 3 and 10, 20 i 3 Council Meeting Minutes (Jocelyn Bronson)
LIQUOR LICENSES
L 1: Relating to Liquor Licenses; recomrnendation to the Arizona Department of Liquor
Licenses and Control regarding a special event liquor license application submitted by Mary
Carter, on behalf of the Marana Health Center for the Music in Marana event to be held on
October 12, 2013 (Jocelyn C. Bronson) Jocelyn Bronson presented this item, noting that the
item was properly reviewed and that no protests were received. Staff recommended approval.
Council Member McGorray abstained from the vote. Moz,o� to approve by V;�e MA,,o� Post,
second by l.ounci/ /Vlember Lieg/er. Passed U �
L 2: Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor
Licenses and Control regarding a special event liquor license application submitted by Claudio
Martinez on behalf of the American Diabetes Association for Bikers Against Diabetes (BAD) to
be held on Saturday, October 19, 2013 (Jocelyn C. Bronson) Jocelyn Bronson presented this
item, noting that the item was properly reviewed and that no protests were received. Staff
recommended approval. Mot;o„ to app�ove by 1/�e Mayor Post, second by C oU„�;� Member
B owe�n. Passed unanimously 7
COUNCIL ACTION
A 1: Ordinance No. 2013.023: Relating to Development; approving and authorizing the Mayor
to execute Amendment No. 1 to the Marana Regional Landfill Development Agreement.
(Frank Cassidy). Council Member Kai declared a confliet of interest prior to Mr. Cassidy
presenting this item. He noted that this amendment takes care of some items, mostly involving
Avra Valley Road construction to adjust for some later discovered issues. Mo�;on to a pprove by
t/,�� Me,.o� Post, second by C ou��;, M embar Bowen. Passed 5-1 w,r�, Coun�;, M ember
C omerFo�d voting nay.
Special Councii Minutes- 09/19l2013 Page 2
Regular Council Meeting - October 1, 2013 - Page 49 of 52
9:00 A.M. STRATEGIC PLANNING SESSION — Facilitated by Peggy Fiandaca with Partners in
Strategic Action, Inc.
Discussion regarding Strategic Plan Guiding Principles
l. Vision Statement
2. Overriding Principles
3. Focus Areas
12:00 P.M. Discussion regarding Strategic Plan action plan projects, programs and priorities
FUTURE AGENDA ITEMS
Notwithstanding the mayor's discretion r�
or more Council members request that an
agenda for the second regular Town Col
Marana Town Code Section 2-4-2(B).
Council Member Comerford asked t���he medical
agenda to clarify onsite cultivation. Vice'��or Po
Mr. Davidson thought this c�ld go on the C���b� ;
ADJOURNMENT. Mo r; o „ �, � �t���
B owen� at �,�6p.m.�Passed un���;mo
CERTIFICAT��� ;
I hereby certi� �at the fo ' ing are
,
Marana Town C��1 held�.Senter.
Jocei�t;�. Bronson,
Special Council Minutes - 09/19/2013 Page 3
Regular Council Meeting - October 1, 2013 - Page 50 of 52
by Vice
to be placed on the agenda, if three
the agenda, it must be placed on the
�the date of the request, pursuant to
13 agenda.
be placed on an upcoming
�mber Ziegler concurred.
P ost, second by l.ounci! Member
and corre minutes of a special meeting of the
2013. I further certify that a quorum was present.
11555 W. CNIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, October 1, 2013, 7:00 PM
To: Mayor and Council
From: Frank Cassidy, Town Attorney
Strategic Plan Focus Area:
Not Applicable
Item A l
Subject: Relating to Development; motion to reconsider Ordinance 2013.022 and Resolution 2013-
084 adopted on September 3, 2013, for the limited purpose of deleting the requirement that a
medical marijuana dispensary shall cultivate all medical marijuana offered for sale on-site
Discussion:
On September 3, the Council adopted Ordinance 2013.022 (whose substantive provisions were made a
public record by the adoption of Resolution 2013-084), with the primary purpose of prohibiting medical
marijuana dispensary off-site cultivation locations in the town limits of Marana. One of the ancillary
provisions of the ordinance requires medical marijuana dispensaries to cultivate all medical marijuana
offered for sale on-site.
After the ordinance was adopted, the owner of one of the two medical marijuana dispensaries located
within the town limits of Marana approached town staff and explained that dispensaries are not capable
of cultivating all medical marijuana offered for sale on-site. To have marketable quantities and varieties
of inedical marijuana, the owner explained that dispensaries must have the ability to acquire medical
marijuana from other sources as permitted by Arizona law.
Aspart of the "future agenda items" discussion at the September 19 Council special session, Council
Member Comerford requested that this motion for reconsideration be placed on the next regular Council
agenda. Town Code section 2-4-8 ("motions to reconsider") provides that a Council member may make
a request prior to the next regular Council meeting that reconsideration be placed on the agenda. The
September 19 request was timely, because the October 1 meeting is the first regular Council meeting
since the Septernber 3 meeting.
Town code section 2-4-8 establishes the following procedure for bringing the reconsideration back far
Council action: "If such a request is made, reconsideration will be placed on the agenda for the second
regular town council meeting following the meeting at which the original action was taken. The agenda
will list reconsideration of the vote as one item, and the re-vote on the issue as a separate item."
If the Council strictly complies with the procedure established by town code section 2-4-8, Ordinance
2013.022 will go into effect before a motion for reconsideration can be brought to the Council. To avoid
such an incongruous result, staff has placed the motion for reconsideration on tonight's agenda. Ifthe
motion to reconsider passes, the effective date of Ordinance 2013.022 will be suspended until the
reconsideration occurs on October 15. If the motion to reconsider fails, Ordinance 2013A22 will go into
effect, without revision, on October 4(the 31 st day after its September 3 adoption). Any further revision
of the ordinance will then require a full new round of public hearings before the Planning Commission
Regular Council Meeting - October 1, 2013 - Page 51 of 52
and Council.
ATTACHMENTS:
harr�e: I.?e�criptzc��:
No A.ttachments Rvai(able
Staff Recommendation:
�
Staff recommends that the Council approve the motion to reconsider Ordinance 2013.022 and
Resolution 2013-084, for the limited purpose of deleting the requirement that a medical marijuana
dispensary shall cultivate all medical marijuana offered for sale on-site. Reconsideration will delay the
effective date of Ordinance 2013.022.
Suggested Motion:
I mo�e to reconsider Ordinance 2013A22 and Resolution 2013-084 at the October 15 meeting, for the
limited purpose of deleting the requirement that a medical marijuana dispensary shall cultivate all
medical marijuana offered for sale on-site, with the understanding that this reconsideration will delay the
effective date of Ordinance 2013.022.
Regular Council Meeting - October 1, 2013 - Page 52 of 52
PROCLAMATION
Start By Believing Fublic Awareness Campaign
WHEREAS the Town of Marana shares a critical concern for
victims of sexual violence and a desire to support their needs for justice
and healing; and
WHEREAS research estimates that as many as 1 in 5 women and
1 in '71 men are the victims of rape (2012 CDC Summary Report), yet
most will not report the crime to law enforcement (DOJ Report 2006-
2010); and
WHEREAS research documents that victims are far more likely to
disclose their se�zal assault to a friend or family member, and when
those loved ones respond with doubt, shame or blame, victims suffer
additional negative effects on their physical and psychological well-being
(Rape Abuse 8� Incest National Network); and
WHEREAS the "Start By Believing" public awareness campaign is
designed to improve the responses of family members, friends and
community members so that they can help victims gain access to
supportive resources.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of
the Town of Marana, in concert with the Marana Police Department, wish to
support the activities of the Start By Believing Public Awareness Campaign.
DATED this 1 st day of October, 2013.
�7� � �--
Ed Honea, Mayor
ATTEST:
��
ocelyn . Bronson, Town Clerk