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HomeMy WebLinkAbout02/04/2014 Council Agenda Packet.�.��,�•' � ��,�, . �: � � ����,�I �� � �,� ���� • ��� � �:�"�r����� . MARANA TO�►TN COUNCIL REGULAR COUNCIL MEETING NOTICE AND AGENDA 115 5 5 W. Civic Center Drive, Marana, Arizona 8 5 65 3 Council Chambers, February 4, 2014, 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. § 3 8-431.02, 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 February 4, 2014, 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 itallcs. As a courtes,y to others, please turn off or put in silent mode all pa�ers and cell phones. Meetin 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. Speakin� 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. Accessibilit_y To better serve the citizens of Marana and others attending our meetings, the Council Chambers are wheelchair and handicapped accessible. Persons with a disability may request a reasonable accommodation, Regular Council Meeting - February 4, 2014 - Page 1 of 57 such as a sign language interpreter, by contacting the Town Clerk at (520) 3 82-1999. Requests should be made as early as possible to arrange the accommodation. A endas 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 3 82- 1999, Monday through Friday from 8:00 AM to 5:00 PM. This Notice and Agenda Posted no later than Monday, February 03, 2014, 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 proj ector/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 MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER' S REPORT: SUMMARY OF CURRENT EVENTS PRESENTATIONS CONSENT AGENDA The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion and affirmative vote will approve all items on the Consent Agenda, including any resolutions or ordinances. Prior to a motion to approve the Consent Agenda, any Council member may remove any item from the Consent Agenda and that item will be discussed and voted upon separately. C 1: Resolution No. 2014-005: Relating to the Police Department; approving and authorizing the Mayor to execute an intergovernmental agreement by and between the Regular Council Meeting - February 4, 2014 - Page 2 of 57 parties that form the Pima County/Tucson Metropolitan Counter Narcotics Alliance (CNA) regarding the administration and operation of the CNA, a law enforcement task force (T VanHook) C 2: Resolution No. 2014 Relating to Community Development; authorizing the Town Manager to apply for grant funding from the Governor's Office of Highway Safety under the Highway Safety Act for the purchase of equipment and the funding of overtime for the Marana Police Department for fiscal year 2014-2015 (T VanHook) C 3: Resolution No. 2014-007: Relating to the Marana Regional Airport; authorizing the Community Development Director to execute a letter of intent indicating the Town of Marana's intention to participate in the state of Arizona's Airport Pavement Preservation Program for fiscal year 2015 (T VanHook) C 4: Resolution No. 2014-008: Relating to Development; approving a release of assurances for Tortolita Reserve subdivision and acceptance of public improvements for maintenance (Keith Brann ) C 5: Approval of January 7 and 21, 2014 Council Meeting Minutes (Jocelyn C. Bronson) C 6: Approval of January 14, 2014 Study Session Minutes (Jocelyn C. Bronson) LIQUOR LICENSES L 1: 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 the Tour de Cure event to be held on March 2, 2014. (Jocelyn C. Bronson ) BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Relatin _ to Le�islation and Government Actions; Discussion and possible action regarding all pending state, federal, and local legislation/government actions and on recent and upcoming meetings of other governmental bodies (Gilbert Davidson) EXECUTIVE SESSIONS Pursuant to A.R. S. § 3 8-431.03, 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 second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2-4-2(B). ADJOURNMENT Regular Council Meeting - February 4, 2014 - Page 3 of 57 .�.��`�.' �'�,"' ���. w �� �.I�1�1��1�� � � � 1 � 5 P �r` e Y ;� ���� 3 . � ��.r �� � 11 5 5 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 8 5 65 3 Council Chambers, February 4, 2014, 7:00 PM To: From: Mayor and Council T VanHook, Community Development Director Strategic Plan Focus Area: Not Applicable Item C 1 Subj ect: Resolution No. 2014-005 : Relating to the Police Department; approving and authorizing the Mayor to execute an intergovernmental agreement by and between the parties that form the Pima County/Tucson Metropolitan Counter Narcotics Alliance (CNA) regarding the administration and operation of the CNA, a law enforcement task force Discussion: For the seventh consecutive year, the Town of Marana Police Department has participated with the Pima County/Tucson Metro Counter Narcotics Alliance (CNA). In Southern Arizona, CNA activities help improve the effectiveness and ef� ciency of drug control efforts by facilitating cooperation between law enforcement agencies, supplying resources, coordinating information sharing, and implementing j oint initiatives. These activities are coordinated by the City of Tucson (COT). In order to participate, the Town will need to enter into the proposed IGA outlining the procedures for operation for all cooperating agencies. COT also administers grant funding for the program. Funding awards are provided through separate agreements. Financial Impact: Funding for participation this program has come from the federal Anti-Drug Abuse Act of 1988 and the ONDCP Reauthorization Act of 1998 which authorized the Director of The Office of National Drug Control Policy (ONDCP) to designate areas within the United States which exhibit serious drug trafficking problems and harmfully impact other areas of the country as High Intensity Drug Trafficking Areas (HIDTA). The HIDTA Program provides federal resources to those areas to help eliminate or reduce drug trafficking and its harmful consequences. Law enforcement organizations within HIDTAs assess drug trafficking problems and design specific initiatives to reduce or eliminate the production, manufacture, transportation, distribution and chronic use of illegal drugs and money laundering. The City of Tucson also administers grant funding for the program. Agreements for the funding will be brought to Council at a later date. ATTAC H M E N TS : Name: � Reso 2014- 005 Approvinq CNA IGA 2014-2019 (00036786) (1).docx � Description: Resolution 2014-005 Type: Resolution Regular Council Meeting - February 4, 2014 - Page 4 of 57 Exhibit AIGA 20140127 CNA Aqreement 2014- 2019 (00036785).docx Exhibit A CNA Staff Recommendation: Exhibit Staff recommends approval of the IGA regarding participation, operation and administration of the CNA. Suggested Motion: I move to adopt Resolution No. 2014-005, approving and authorizing the Mayor to execute an intergovernmental agreement by and between the parties that form the Pima County/Tucson Metropolitan Counter Narcotics Alliance (CNA) regarding the administration and operation of the CNA, a law enforcement task force. Regular Council Meeting - February 4, 2014 - Page 5 of 57 MARANA RESOLUTION NO. 2014-005 RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE PARTIES THAT FORM THE PIMA COUNTY/TUCSON METROPOLITAN COUNTER NARCOTICS ALLIANCE (CNA) REGARDING THE ADMINISTRATION AND OPERATION OF THE CNA, A LAW ENFORCEMENT TASK FORCE WHEREAS the Town of Marana recognizes its duty to protect its citizens by working to reduce crime associated with drug trafficking and drug use; and WHEREAS the Town is empowered by A.R. S. § 9-240(B)(12) to maintain a police department; and WHEREAS the Marana Police Department is working with Pima County, the City of Tucson, the Towns of Oro Valley and Sahuarita, the Arizona Department of Public Safety and the University of Arizona Police Department as a regional partner in the Pima County/Tucson Metropolitan Counter Narcotics Alliance (CNA), a law enforcement task force; and WHEREAS the Mayor and Council find that the Marana Police Department's continued participation in the CNA is in the best interests of the Town and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION l. The Town Council hereby approves the intergovernmental agreement by and between the parties that form the CNA, attached to and incorporated by this reference in this Resolution as Exhibit A, and the Mayor is hereby authorized and directed to sign it for and on behalf of the Town of Marana. SECTION 2. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this resolution. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 4 th day of February, 2014. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting - February 4, 2014 - Page 6 of 57 Marana Resolution 2014-005 INTERGOVERNMENTAL AGREEMENT BETWEEN TUCSON POLICE DEPARTMENT, ARIZONA DEPARTMENT OF PUBLIC SAFETY, UNIVERSITY OF ARIZONA POLICE DEPARTMENT, ORO VALLEY POLICE DEPARTMENT, MARANA POLICE DEPARTMENT, SAHUARITA POLICE DEPARTMENT AND PIMA COUNTY/TUCSON METROPOLITAN COUNTER NARCOTICS ALLIANCE (CNA) This intergovernmental Agreement (hereinafter "IGA") is entered into pursuant to A. R.S. § 11- 952 by and between the parties that form the Pima County/Tucson Metropolitan Counter Narcotics Alliance (hereinafter "CNA") a law enforcement task force. CNA members include: Tucson Police Department, Arizona Department of Public Safety, University of Arizona Police Department, Oro Valley Police Department, Marana Police Department and Sahuarita Police Department. RECITALS � � Whereas, the City of Tucson, the State of Arizona, The University of Arizona, the Arizona Board of Regents, the Town of Oro Valley, the Town of Marana, and the Town of Sahuarita, pursuant to A.R.S. § 13-3872, and in accordance with the provisions of A.R.S. Title 11, Chapter 7, Articles 3, and as authorized by appropriate action of the governing body for each party, desire to enter into this mutual agreement on behalf of these law enforcement agencies. Whereas, the City of Tucson is empowered by Tucson Charter Chapter X, Section 7, to maintain a Police Department of the purposes stated herein and is authorized to contract by Tucson Charter Chapter IV, Section and Whereas, the Arizona Department of Public Safety is empowered by A.R.S. § 41-1712 to maintain a narcotics enforcement and criminal investigation division, and Whereas, the Arizona Board of Regents is empowered by to A.R.S. § 15-1627 (F) to maintain the University of Arizona Police Department for the purposes stated therein and by A.R.S. § 15-1625 to enter into contracts on behalf of the University of Arizona Police Department and Whereas, the Town of Oro Valley is empowered by A.R.S. Title 9 to contract and by A.R.S. § 9-240 (B) (12) to maintain the Oro Valley Police Department for the purposes stated therein, and Whereas, the Town of Marana is empowered by A.R.S. Title 9 to contract by A.R.S. § 9-240 (b) (12) to maintain the Marana Police Department for the purposes stated therein, and Whereas, the Town of Sahuarita is empowered by to A.R.S. Title 9 to contact and by A.R.S. § 9-240 (B) (12) to maintain the Sahuarita Police Department for the purposes stated therein and Whereas, implementation of this IGA will substantially further the public safety, health, and welfare: Now THEREFORE, the parties do hereby agree as follows: 1 Regular Council Meeting - February 4, 2014 - Page 7 of 57 DEFINITIONS A. "Party" means each of the governmental entities that have executed this agreement. B. Chief Law Enforcement Officer" means that the person who is a"department of agency head with peace officer jurisdiction, or his duly authorized representative, having the primary responsibility for law enforcement within the jurisdiction or territory," as such phrase is used in A.R.S. § 13-3871, whether designated by appointment or election. C. "CNA" means the Pima County/Tucson Metropolitan Counter Narcotics Alliance. The governmental entities making up CNA are the City of Tucson, the State of Arizona, the Arizona Board of Regents, the University of Arizona, the Town of Oro Valley, the Town of Marana, the Town of Sahuarita, and the United States Government. I. Purpose AGREEMENT �. �- � The purpose of establishing CNA is to insure that drug enforcement in the Pima County and Tucson Metropolitan area will be conducted in a concerted effort among its law enforcement members, in order to maximize available resources. Enforcement activities will be addressed from the street to the international levels through cooperative interrelated drug and anti- terrorism efforts by sharing resources and intelligence in the successful interdiction of illegal narcotics. II. Obli ations of the Parties `� � g A. The objectives to be accomplished by CNA through the formation of this IGA in the Pima County/Tucson Metropolitan area include: 1. Reducing the rate of crime associated with drug trafficking and drug use. 2. Implementing strategies that will serve to interdict the availability, shipment and flow of illicit narcotics, and the monetary profits of those activities. 3. Employing investigative and enforcement strategies that target offenders, F` locations and organizations involved in illicit narcotic activities. 4. Utilizing intelligence driven law enforcement planning to coordinate and maximize the collaborative resources available through our member agency's joint participation. 5. Working towards the reduction in demand, availability, and chronic use of illicit narcotics. B. Jurisdiction The Chief Law Enforcement Officers of each of the parties hereto individually consent to the extension of peace authority into their jurisdiction of territory by the peace officers assigned to CNA by the Chief Law Enforcement Officers of other parties, in accordance with the provisions of A.R.S. § 13-2872. Nothing in this agreement shall 2 Regular Council Meeting - February 4, 2014 - Page 8 of 57 be construed as either limiting or extending the lawful jurisdiction of any of the parties, other than as expressly set forth herein. C. PLANNING AND ADMINISTRATION 1. CNA will be governed by a Policy Board composed of participating law enforcement members that has a final decision making authority over CNA's policies and operations. This includes the following: � a. Establishing policies for selecting cases to be investigated. The policies formed shall be used to allocate, focus and manage CNA's resources, and to provide oversight on investigation. b. Retaining the right to disburse forfeited funds and real property to member agencies of CNA, or to CNA's Anti-Racketeering Fund held and managed by the Pima County Attorney's Office, pursuant to the provisions of A.R.S. § 13-2314 and to 13-2315, with the exception of any forFeiture generated by participating Federal Jurisdictions. c. Oversight of forfeiture investigation and analysis conducted by the Financial Remedies & Property Management Units assigned to CNA and administered by the Tucson Police Department. - 2. Membership of the Policy Board a. The policy board will consist of the Chief Law Enforcement Officer of the agency sitting on the board or, in the case of Federal agencies, the head of the Tucson office. The lead agencies will include: Tucson Police Department, Arizona Department of Public Safety, Drug Enforcement Administration and Homeland Security Investigations. Additional agencies, herein also referred to as "participating jurisdiction members" will include, but not limited to, The University of Arizona, Marana Police Department, Oro Valley Police Department and the Sahuarita Police Department. b. Additional law enforcement agencies may be considered for participation in CNA with final decision making for their acceptance on the Board retained by the current Policy Board members at the time a request is made. c. Each member of the Policy Board has an equal vote including the lead and participating member agencies. The agency representing the participating jurisdictions will have the right to represent and vote on the behalf of all other participating jurisdiction members. d. A single Policy Board member selected from among the ranks of the participating jurisdiction members shall represent all participating jurisdiction members on the Policy Board. 1. After the term of one year, a vote will be taken annually by the Policy Board to elect the next participating jurisdiction member representative. The Policy Board retains the right to re-elect the individual serving as the representative of the participating jurisdiction members for multiple terms. Regular Council Meeting - February 4, 2014 - Page 9 of 57 2. The Chief Officer of each law enforcement agency, including lead and participating jurisdiction members, may appoint a designee to fill the Chief's position on the Policy Board. A designee may exercise the appointing Chiefs' voting rights. 3. Both the Policy Board Chairperson and Vice-Chairperson positions can be rotated among the lead sponsoring agencies. The terms of these positions shall not exceed one year. At the end of each year served, the Policy Board will select and vote upon the individuals from the lead sponsoring agencies to assume these positions. The Policy Board retains the right to re-elect individuals to serve in these positions for multiple terms. 4. A quorum of three-quarters is sufficient to vote upon a policy and take Board action. 5. The Policy Board meets on a regular schedule that is agreed upon by the Board members. CNA's Commander is responsible for making quarterly or regularly scheduled reports to the Board on CNA's operational and budget activities. � 6. Minutes are kept of all meetings, and members are notified in advance of scheduled meeting dates. �. - z D. OPERATIONAL COMMAND � 1. Operational command of the CNA is currently the responsibility of the Tucson Police Department. The Tucson Police Department assigns a Police Captain to command CNA. This individual is responsible to the Policy Board for carrying out approved policy. 2. CNA commanders serve a term of three years and may be appointed from the Tucson police Department or the Arizona Department of Public Safety. 3. With the approval of the selected agency (or agency with a Commander in place), the Policy Board will select the agency that is to provide the commander. E. PROJECT ADMINISTRATION AND REPORTING 1. Responsibilities of CNA and City of Tucson Police Department include: a. Grants and Reimbursements: The Tucson Police Department is responsible for contract administration, equipment purchases, grant and funding source reports. Submission of financial grant and funding reports is the responsibility of the Tucson Police Department. CNA is responsible for the annual High Intensity Drug Trafficking Area (HIDTA) and Arizona Criminal Justice Commission (ACJC) grant applications including budget requests. The monthly, quarterly and annual performance measurement statistical reports required by the HIDTA and ACJC grant administrators is the responsibility of CNA. b. Provision of Documentation: The Tucson Police Department establishes requirements for the provisions of documentation necessary to reimburse participating agencies for personnel, equipment and all other operating expenditures. This responsibility includes ensuring that all grant-funded expenditures comply with the Federal guidelines for the HIDTA and ACJC grants. 4 Regular Council Meeting - February 4, 2014 - Page 10 of 57 C. Financial Systems Management Procurement: CNA will approve and manage all of its operating expenditures directly through the City of Tucson financial system and be responsible for the following tasks. 1. CNA staff will coordinate with the City of Tucson budget, finance and purchasing departments to outline methods that are in the best interest of both parties to process and pay for CNA purchases and expenses. 2. CNA staff will enter and manage input of all operating expenses in the City of Tucson's financial systems. 3. Staff will follow all guidelines set forth by the City of Tucson for the preparation and management of its finances on the software and web-based systems utilized by the city's budget and finance departments. 4. CNA staff will follow all guidelines set forth by the City of Tucson purchasing department for the preparation and processing of purchase orders, vendor contracts, P-card payments and any other purchases made on behalf of CNA by accessing City of Tucson purchasing software and associated financial systems. 5. CNA members will obtain internal approvals from CNA staff for payment of expenditures. Originals or copies of all reimbursement requests from its lead and participating jurisdiction members to agencies, including grant funded personnel expenses made to HIDTA and ACJC, that are sent to CNA for approval and processing. 6. The City of Tucson will issue checks for expenses incurred by CNA vendors, CNA's participating agencies, and any and all other entities requesting payment. 7. CNA will make monthly or quarterly reimbursement requests directly to the Pima County Attorney's Office (PCAO) to re-fund the City of Tucson for the expenses itemized in section 6.2.d. Reimbursement checks will be issued by PCAO, sent to CNA, and then forwarded by CNA to the City of Tucson finance department. 2. Responsibilities of the City a. Review and provide financial guidance and assistance for CNA as provided for other participating agencies and entities with the City's financial syste m . b. Process, enter or forward all invoices for payments to CNA for internal approvals. c. Provide CNA with budget reports for its expenses and the necessary planning documents for budget preparations. d. Provide assistance with purchase orders and purchase processes through the City as needed. 3. Responsibility of Agencies Submitting Reimbursement Requests to CNA a. Starting July 1, 2013, 2 copies of any requests for grant and personnel (salary, overtime, overtime ERE) reimbursements are required. If only one � � Regular Council Meeting - February 4, 2014 - Page 11 of 57 copy is submitted, CNA will return it to the submitting party and request that 2 copies be forwarded to CNA. CNA reserves the right to revise the number of copies and paperwork required by agencies and other entities submitting reimbursement requests as CNA'S financial documentation policies change. b. Any travel or training attended on behalf of CNA will be planned and paid for through CNA or the employee's home agency. When these expenses are incurred by a home agency, said agency must submit a reimbursement request to CNA. CNA staff will process the reimbursement to the submitting agency and request a check for payment of these expenses from PCAO. F. STAFF 1. CNA includes staff from grant-funded and non-grant funded sources. Positions allocated to CNA from state or local member agencies shall be assigned by the Policy Board with the goal of encouraging and maintaining a multi-jurisdictional staff. Grant funded positions are not allocated to federal agencies. 2. Personnel selected to fill grant-funded positions are chosen in accordance with federal affirmative action guidelines. Agencies providing grant funded employees pay the salaries and fringe benefits for said employees and submit documentation as required by the Tucson Police Department for the BYRNE Grant and as required by the Administrators of the HIDTA Grant for reimbursement of these personnel expenses. Agencies receiving grant funds agree to preserve and make available all salary and fringe benefit records for a period of five (5) years from the date of final payment, or for a longer period of time if required by state or Federal regulation. Agencies providing grant funded positions are not using these positions to supplant currently budgeted positions. 3. Overtime and overtime employee related expenses incurred by a staff inember will be funded by CNA from its Anti-Racketeering account. Lead and participating jurisdiction member agencies must prepare and submit to CNA reimbursement requests for processing and payment of these expenses. G. PROVISIONS OF EQUIPMENT AT TERMINATION OF IGA BY ALL PARTICIPATING MEMBERS. Upon termination of the IGA and disbandment of CNA equipment purchases, including vehicles, made with its Anti-Racketeering funds managed by Pima County Attorney's Office, shall be disbursed in accordance with Federal and state guidelines � at the time this agreement is ended. The Policy Board will retain the right to disburse F� existing equipment, including vehicles, to its participating agencies. The agencies requesting the equipment/vehicles must provide the Tucson Police Department and the City of Tucson with written assurance that said equipment, and vehicles, will be used in the criminal justice system. If equipment used by CNA was supplied by one of its member agencies, said equipment will be returned to that agency. H. UNAVAILIBILITY OF FUNDING Every payment obligation of CNA's participating agency members under this Agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such obligation. If funds are not allocated and available for the continuance of the Agreement, this Agreement may be terminated by an agency member. In the event this provision is exercised, an agency member shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph. Regular Council Meeting - February 4, 2014 - Page 12 of 57 III. TERM This IGA shall be for an initial term of five (5) years, effective upon the adoption of a fully executed agreement by all parties. The parties shall have the option to extend the term of this IGA for two (2) additional five (5) year periods. Any modification or time extension of this IGA shall be by formal written amendment executed by parties hereto. IV. TERM I NATI ON A. Any party may terminate its participation in this Agreement by giving not less than a 60-day written notice to the other parties. In the event of such termination, each party shall retain possession of its separately owned equipment and property. Any party, whose participation in the Agreement is terminated for any reason, shall return to CNA equipment and vehicles purchased with CNA grant or Anti-Racketeering funds. B. The CNA Policy Board reserves the right to request termination of this Agreement with a participating member if that member violates the policy guidelines set forth by the CNA Board. A vote of the other Board members will be taken to determine if a consensus exists for requesting the termination. C. This IGA is subject to cancellation by the parties pursuant to A.R.S. § 38-511. V. NON-ASSIGMNENT None of the parties to this Agreement shall assign its rights under this Agreement to any other party without written permission from the Policy Board. VI. CONSTRUCTION OF AGREEMENT A. Entire agreement. This instruction constitutes the entire agreement between all parties herein pertaining to the subject matter hereof, and all prior or contemporaneous agreements and understandings, oral, or written, are hereby superseded and merged herein. Any exhibits to this Agreement are incorporated herein by this reference. B. Amendment. This Agreement may be extended, modified, amended, altered, or F� changed only by written agreements signed by all parties. C. Construction and interpretation. All provisions of this Agreement shall be construed to be consistent with the intention of the parties as expressed in the Recitals hereof. D. Captions and headings. The headings used in this Agreement are for convenience only and are not intended to affect the meaning of any precision of this Agreement. E. Severability. In the event that any provision of this Agreement or the application thereof is declared invalid or void by statute or judicial, such action shall have no effect on other provisions and their application, which can be given effect without the invalid or void provision or application, and to this extent the provisions of the Agreement are severable. In the event that any provision of this Agreement is Regular Council Meeting - February 4, 2014 - Page 13 of 57 declared invalid or void, the parties agree to meet promptly upon request of another party in attempt to reach an agreement on a substitute provision. VII. LEGAL JURISDICTION Nothing in this Agreement shall be construed as either limiting or extending the legal jurisdiction of any existing CNA member. VII. NO JOINT VENTURE It is not intended by this agreement to, and nothing contained in this Agreement shall be construed to, create any partnership, joint venture or employment relationship between the parties or create any employer-employee relationship between the members and CNA. None of the parties shall be liable for neither any debts, accounts, obligations nor other liabilities whatsoever of the other, including (without limitation) the other party's obligation to withhold Social Security income taxes for itself or any of its employees. X. LIMITATION OF LIABILITY AND COMPLIANCE WITH LAWS Each party will comply with the human relations provisions of its respective agency and all parties shall comply with all applicable Federal, state and local laws, rules, regulations, standards and executive orders, without limitation to those designated within this Agreement. A. Anti-Discrimination. The provisions of A.R.S. § 41-1463. Executive Order Number 99-4 issued by the Governor of the State of Arizona, and Tucson City Code § 28-138 are incorporated by this reference as a part of this Agreement. B. Americans with Disabilities Act. This Agreement is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 101-366. 42 U.S.0 12101-12213) and all applicable Federal regulations under the Act, including 28 CFR Parts 35 and 36. C. For the purposes of worker's compensation, an employee of a party to this agreement, who worked under the jurisdiction or control of, or who works within the jurisdictional boundaries of another party pursuant to this particular intergovernmental agreement for mutual aid law enforcement, shall be deemed to be an employee of �. � F� the party who is the employee s primary employer and of the party under whose jurisdiction and control the employee is then working as provided in A.R.S. § 23- 1022(D) and the primary employer party of such an employee shall be solely liable for payment of worker's compensation benefits for the purpose of this section. Each party herein shall comply with provision of A.R.S. § 23-1022(E) by posting the public notice required. 1. Except for the purpose of worker's compensation as noted in the preceding paragraph of this section, each party shall be solely responsible and liable for claims, demands, or judgments (including costs, expenses and attorney fees) resulting from personal injury to any person or damage to any property arising out of its own employee's performance under this agreement. Each party shall have the right of contribution against the other parties with respect to tort liability judgments should multiple parties under this agreement be found liable. This right of contribution shall not apply to any settlement or demand and each party shall Regular Council Meeting - February 4, 2014 - Page 14 of 57 be solely responsible for its own acts or omissions and those of its officers and employees by reason of its operations under this agreement. This responsibility includes automobile liability. Each party represents that it shall maintain for the duration of this agreement liability insurance. The parties may fulfill their obligations by programs of self-insurance providing protection. D. Immigration. Pursuant to the Governor's Executive Order 2005-30, the parties agree to comply with all applicable federal immigration laws and regulations. E. Each party agrees to be solely responsible for any expense resulting from industrial insurance by its employees incurred as a result of operations under this agreement. F. CNA will assume sole responsibility for compliance with Internal Revenue Service and outside local, state and federal regulations. Said compliance will relate to all laws and guidelines set forth by any governing entity, especially regarding CNA financials. The City of Tucson will not assume any liability for non-conformance or penalties related to governance of CNA's budgeting and financial practices. G. Scrutinized Business. Contractor warrants that it does not have scrutinized business operations in Sudan or Iran, as prohibited by to A.R.S. §§ 35-391.06 and 35-393-06, and further acknowledges that any subcontractor who is contracted by a Contractor to perform work pursuant to this Contract shall warrant that it does not have scrutinized business operations in Sudan or Iran. H. Non-Discrimination Language. The Parties agree to comply with all provisions and requirements of Arizona Executive Order 2009-09 including flow down of all provisions and requirements to any subcontractors. Executive Order 2009-09 supersedes Executive Order 99-4 and amends Executive Order 75-5 and may be viewed and downloaded at the Governor of the State of Arizona's website https://www.azqovernor.qov/dms/upload/EO 2009 09.pdf which is hereby incorporated into the Agreement as if set forth in full herein. During the performance of this Agreement, the Parties shall not discriminate against any employee, client, or any other individual in any way because of that person's age, race, creed, color, religion, sex, disability and national origin. XI. ARBITRATION In the event of dispute under this IGA, the parties agree to use arbitration to the extent required under A.R.S. § 12-1518 and 12-133. XII. WAIVER Waiver by either party of any breach of any term, covenant or condition herein contained shall not be deemed a waiver of any other term, covenant or condition, or any subsequent breach of the same or any other term, covenant or condition herein contained. XIII. FORCE MAJEURE A party shall not be in default under this Agreement if it does not fulfill any of its obligations under this Agreement because it is prevented or delayed in doing so by reason of uncontrollable forces. The term "uncontrollable forces" shall mean, for the purpose of this Agreement, any causes beyond the control of the party affected, including but not limited to the failure of facilities, breakage or accident to machinery or transmission facilities, weather conditions, flood, earthquake, lightening, fire, Regular Council Meeting - February 4, 2014 - Page 15 of 57 epidemic, war, riot, civil disturbance, sabotage, strike, lockout, labor dispute, boycott, material or energy shortage, casualty loss, acts of God, or action or non-action by governmental bodies in negligence or willful action of the parties, or order of any government officer or court (excluding orders promulgated by the parties themselves), and declared local, state or national emergency, wh ich, by exercise of due diligence and foresight, such party could not reasonably have been expected to avoid. Either party rendered unable to fulfill any obligations by reason of uncontrollable forces shall exercise due diligence and foresight, such party could not reasonably have been expected to avoid. Either party rendered unable to fulfill any obligations by reason of uncontrollable forces shall exercise due diligence to remove such inability with all reasonable dispatch. XIV. METHOD OF EXECUTION This agreement may be executed in one or more identical counterparts each of which shall be deemed an original, but all of which taken together shall constitute one agreement. XV. NOTIFICATION � All notices or demands upon any party to this Agreement shall be in writing, unless other forms are designated elsewhere, and shall be delivered in person or sent by mail addressed as follows: City of Tucson "� ` City Manager City Hall Tower 255 West Alameda Street, 10 Floor Tucson, AZ 85701 Tucson Chief of Police Tucson Police Department 270 South Stone Avenue ' Tucson, AZ 85701 � ,, : � Director AZ Department of Public Safety PO Box 6638 Phoenix, AZ 85005 Deputy County Attorney F� Pima County Attorney's Office 32 N. Stone Avenue Tucson, AZ 85701 University of Arizona Sponsored Projects Services PO Box 3308 Tucson, AZ 85722-3308 Marana Chief of Police Town of Marana 11555 West Civic Center Drive Marana, AZ 85653 10 Regular Council Meeting - February 4, 2014 - Page 16 of 57 Oro Valley Chief of Police Oro Valley Police Department 11000 N. LaCanada Drive Oro Valley, AZ 85737 Sahuarita Chief of Police Sahuarita Town Police Department 315 W Sahuarita Center Way Sahuarita, AZ 85629 XVI. REMEDIES Either party may to be exclusive of any other right or remedy and each shall be cumulative and in addition to any remedies provided by law for the breach of this Agreement. No right or remedy is intended other right or remedy existing at law or in equity or by virtue of this Agreement. XVII. HOLD HARMLESS CLAUSE �' Each party shall be responsible for liabilities from all claims, damages, or suits arising from the negligence or willful misconduct of its officers, agents, and employees of any kind of nature arising out of CNA or its participating member agencies. Each party, with the exception of the University of Arizona, an agency of the State (A.R.S. § Section 35-154, Arizona Attorney General Opinion 67363) agrees to indemnify, defend and hold harmless all parties, its officers, employees and participating agencies from and against any and all suits, actions, legal or administrative proceedings, claims demands or damages of any kind under nature arising out of the their negligence, except for any such liability out of the sole negligence of CNA. 11 Regular Council Meeting - February 4, 2014 - Page 17 of 57 Parties to This Agreement City of Tucson Municipal Corporation Mayor ATTEST: � � � City Clerk � �. .�� � _ Reviewed And Approved As To Form: � Date Date Pursuant to A.R.S. § 11-952, the attorneys for the Parties hereto have determined that the foregoing Agreement is in proper form, and is within the powers and authority granted under the laws of this State. . �. . City of Tucson Attorney City Manager 12 Date Date Regular Council Meeting - February 4, 2014 - Page 18 of 57 Parties to This Agreement State of Arizona ATTEST: Governor Date � Assistance Secretary of State Assistance Secretary of State Date .- - Date � 13 Regular Council Meeting - February 4, 2014 - Page 19 of 57 Arizona Board of Regents On behalf of the University of Arizona ATTEST: University of Arizona Office of Research & Contracting Analysis Date � , Reviewed And Approved As To Form: � Pursuant to A.R.S. § 11-952, the attorneys for the Parties hereto have determined that the foregoing Agreement is in proper form, and is within the powers and authority granted under the laws of this State. � Counsel, Arizona Board of Regents 14 Date Regular Council Meeting - February 4, 2014 - Page 20 of 57 Parties to This Agreement Town of Oro Valley Municipal Corporation ATTEST: Mayor Town Clerk .- � . Reviewed And Approved As To Form: f., � !� Date Pursuant to A.R.S. § 11-952, the attorneys for the Parties hereto have determined that the foregoing Agreement is in proper form, and is within the powers and authority granted under the laws of this State. Town of Oro Valley Attorney -�, 15 Date � Date Regular Council Meeting - February 4, 2014 - Page 21 of 57 Parties to This Agreement Town of Marana ATTEST: Mayor Date � Town Clerk .- Reviewed And Approved As To Form: .�. �. 1 Date Pursuant to A.R.S. § 11-952, the attorneys for the Parties hereto have determined that the foregoing Agreement is in proper form, and is within the powers and authority granted under the laws of this State. � Town of Marana Attorney � 16 Date Regular Council Meeting - February 4, 2014 - Page 22 of 57 Parties to This Agreement Town of Sahuarita ATTEST: Mayor Date � Town Clerk .- Reviewed And Approved As To Form: .�. �. 1 Date Pursuant to A.R.S. § 11-952, the attorneys for the Parties hereto have determined that the foregoing Agreement is in proper form, and is within the powers and authority granted under the laws of this State. � Sahuarita Town Attorney � 17 Date Regular Council Meeting - February 4, 2014 - Page 23 of 57 .�.��`�.' �'�,"' ���. w �� �.I�1�1��1�� � � � 1 � 5 P �r` e Y ;� ���� 3 . � ��.r �� � 11 5 5 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 8 5 65 3 Council Chambers, February 4, 2014, 7:00 PM To: Mayor and Council From: T VanHook, Community Development Director Strategic Plan Focus Area: Not Applicable Item C 2 Subj ect: Resolution No. 2014-006: Relating to Community Development; authorizing the Town Manager to apply for grant funding from the Governor's Office of Highway Safety under the Highway Safety Act for the purchase of equipment and the funding of overtime for the Marana Police Department for fiscal year 2014-2015 Discussion: For the last eight consecutive years the Town of Marana has been awarded grant funding from the Governor's Office for Highway Safety (GOHS) to combat impaired and aggressive drivers and take part in enforcement efforts in coordination with local and regional partners like the Southern Arizona DUI Task Force. Over the past few years, the number of impaired drivers on Marana streets has been greatly reduced due to these efforts. Although great strides have been made in making Marana's roadways safer, there are still a large number of impaired drivers getting behind the wheel every day. The Marana Police Department is responding to this problem by increasing education, V1Slblllty enforcement, and officer training. With an overall goal to reduce the number of accidents, injuries, and deaths caused by impaired and aggressive drivers, staff requests authorization to submit three proposals to the GOHS for grant funding for FY 2014-2015, as follows: 1) funding for additional overtime deployments for both speed and DUI enforcement, 2) funding for the purchase of portable breath testing equipment and 3) funding for the purchase of an unmarked vehicle. If awarded, overtime funding for combating impaired drivers will allow Marana to continue participation on the Southern Arizona DUI Task Force, increasing the number of marked patrol units on the streets during peak DUI times and in targeted locations. This increased activity will serve as a deterrent and by increased formal enforcement action to reduce the number of impaired and aggressive drivers on Arizona roadways. The Town will provide event- specific, department-initiated speed and DUI enforcement and work in a coordinated effort with other agencies to reduce the number of individuals under the influence through enforcement and education efforts and to reduce the number of aggressive drivers in the region. The Town is also requesting funding for programs aimed to combat issues surrounding excessive speed Regular Council Meeting - February 4, 2014 - Page 24 of 57 and aggressive driving, initiating a coordinated education and enforcement effort utilizing internal resources and allow the MPD to increase efforts to reduce speeding and aggressive and impaired driving, heading off the behaviors that lead to increased incidents of motor vehicle accidents. By proactively addressing the issues and reducing the burden of accident investigation, the MPD will be able to leverage freed up manpower to more aggressively address the ongoing I-10 closures and issues in school zones and neighborhoods. The goals and objectives stated in the grants are as follows: Goal 1: Raise drivers' awareness about the speeds at which they are driving through the Town's school zones and residential streets, thereby reducing speeds and the potential for traffic accidents. Obj ective 1. 1: Reduce speeding conditions through school zones and residential streets. Obj ective 1.2: Reduce speeding conditions through construction zones and congested high-traffic areas. Goal 2: Reduce the number of DUI incidents and collisions within the Town of Marana and thereby preserve life and property. Obj ectives 2. 1: Reduce the number of DUI-related collisions in the region. Marana will be initiating a coordinated education and enforcement effort during the key commute times in the areas that statistically show the highest incidence of aggressive drivers, high speeds and collisions. The Marana Police Department is confident that by taking this two-pronged approach for addressing the problems associated with speeding and aggressive drivers it can reduce the number of collisions, serious injuries and deaths among its citizens. Financial Impact: The Town will be responsible for the operation, maintenance, updates, and replacement costs of the equipment purchased with grant funding. DUI Task Force funding and Speed Enforcement is for overtime and employee-related expenses only. Any other costs related to the activities are the Town's responsibility. ATTAC H M E N TS : 1\Tame: Description: � Reso 2014- 006 GOHS Grant application authorization Resolution 2014-006 (00036783).doc Staff Recommendation: Type: Resolution Staff recommends that the Mayor and Council authorize the Town Manager to submit grant applications for and execute all documents related to GOHS funding for enforcement programs during FY 2014- 2015. Suggested Motion: I move to adopt Resolution No. 2014-006, authorizing the Town Manager to apply for grant funding from the Governor's Office of Highway Safety under the Highway Safety Act for the purchase of equipment and the funding of overtime for the Marana Police Department for fiscal year 2014-2015. Regular Council Meeting - February 4, 2014 - Page 25 of 57 MARANA RESOLUTION NO. 2014-006 RELATING TO COMMUNITY DEVELOPMENT; AUTHORIZING THE TOWN MANAGER TO APPLY FOR GRANT FUNDING FROM THE GOVERNOR' S OFFICE OF HIGHWAY SAFETY UNDER THE HIGHWAY SAFETY ACT FOR THE PURCHASE OF EQUIPMENT AND THE FUNDING OF OVERTIME FOR THE MARANA POLICE DEPARTMENT FOR FISCAL YEAR 2014-2015 WHEREAS the Governor's Office of Highway Safety (GOHS) is seeking proposals from state and local agencies for proj ects relating to all aspects of highway safety; and WHEREAS the Town of Marana is interested in submitting proj ects to be considered for funding in the form of reimbursable grants from the National Highway Traffic Safety Administration; and WHEREAS the Town of Marana recognizes its duty to protect its citizens through effective police powers; and WHEREAS the Marana Police Department is working to increase enforcement to reduce excessive speeding and aggressive driving by drivers and the number of impaired drivers on Arizona roadways; and WHEREAS grant funding will assist the Marana Police Department in purchasing equipment related to traffic enforcement and in funding overtime pay for police of�cers participating in speed enforcement and Southern Arizona DUI Taskforce deployments. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA AS FOLLOWS: SECTION l. The Town Manager is hereby authorized to apply for grant funding from the Governor's Office of Highway Safety for the purchase of portable breath testing equipment and an unmarked enforcement vehicle, and for the funding of overtime for speed and DUI deployments, for the Marana Police Department for � scal year 2014-2015 . Marana Resolution 2014-006 Regular Council Meeting - February 4, 2014 - Page 26 of 57 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 obj ectives of this resolution, including the execution of all agreements, contracts and documents related to GOHS funding for the Marana Police Department during fiscal year 2014-2015. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 4 th day of February 2014. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Marana Resolution 2014-006 2 Regular Council Meeting - February 4, 2014 - Page 27 of 57 .�.��`�.' �'�,"' ���. w �� �.I�1�1��1�� � � � 1 � 5 P �r` e Y ;� ���� 3 . � ��.r �� � 11 5 5 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 8 5 65 3 Council Chambers, February 4, 2014, 7:00 PM To: Mayor and Council From: T VanHook, Community Development Director Strategic Plan Focus Area: Commerce Strategic Plan Focus Area - Additional Information: Item C 3 Participating in the Arizona Pavement Preservation Program allows the Town to maintain a high quality standard at the Marana Regional Airport. The work completed under this agreement will help ensure that the public infrastructure (runways, taxiways, aprons, and tiedown areas) stays in top condition. This supports the Strategic Plan by working to make the Marana Regional Airport a"shovel-ready place for commerce." Subj ect: Resolution No. 2014-007: Relating to the Marana Regional Airport; authorizing the Community Development Director to execute a letter of intent indicating the Town of Marana's intention to participate in the state of Arizona's Airport Pavement Preservation Program for fiscal year 2015 Discussion: The Town of Marana participates in the Arizona Department of Transportation (ADOT) Airport Pavement Preservation Program (APPP), as part of its overall Arizona Airport Capital Improvement Program (ACIP). The APPP program was established by the State of Arizona to help protect the multi- million dollar investment of public and private funds that have allowed local entities to expand and enhance airports. State aviation fund dollars are limited and participation in the program requires local jurisdictions (Sponsors) to provide a 10% match to state funding. ADOT is requesting that the Town sign a letter opting into the program for funding year 2015. The Town will be asked to sign a Joint Proj ect Agreement (JPA) outlining the scope of the proj ect once �nal plans are completed. ADOT will pay 90% of construction costs (estimated at $1,536,361.00). The Town will be required to pay the match sum of $153,636.00 upon execution of the agreement. Staff will bring the JPA back to Council for approval prior to ADOT moving forward with the proj ect. A full executed JPA and full payment must be received by ADOT prior to a Notice to Proceed being issued for the proj ect. APPP B ackground Public Law 103 -3 OS requires that airports requesting Federal Airport Improvement Program funding for pavement rehabilitation or reconstruction have an effective pavement maintenance management system. To this end, ADOT - Aeronautics Group has completed and is maintaining an Airport Pavement Management System (APMS) which, coupled with monthly pavement evaluations by the airport sponsors, fulfills this requirement. Regular Council Meeting - February 4, 2014 - Page 28 of 57 The Arizona Airport Pavement Management System uses the Army Corps of Engineers' "Micropaver" program as a basis for generating a Five-Year APPP. The APMS consists of visual inspections of all airport pavements. Evaluations are made of the types and severities observed and entered into a computer program database. Pavement Condition Index (PCI) values are determined through the visual assessment of pavement condition in accordance with the most recent FAA Advisory Circular 150/5380- 6 and range from 0(failed) to 100 (excellent). Every three years a complete database update, with new visual observations, is conducted. Individual airport reports from the update are shared with all participating system airports. ADOT ensures that the APMS database is kept current, in compliance with FAA requirements. Every year ADOT, utilizing the APMS, will identify airport pavement maintenance proj ects eligible for funding for the upcoming five years. These proj ects will appear in the State's Five-Year Airport Development Program. Once a proj ect has been identified and approved for funding by the State Transportation Board, the airport sponsor may elect to accept a state grant for the proj ect and not participate in the APPP or the airport sponsor may sign an Inter-Government agreement with ADOT to participate in the APPP. Financial Impact: The Town will be asked to sign a Joint Proj ect Agreement (JPA) outlining the scope of the proj ect once final plans are completed. ADOT will pay 90% of construction costs (estimated at $1,536,361.00). The Town will be required to pay the match sum of $153,636.00 upon execution of the agreement. ATTAC H M E N TS : Name: Description: Type: � Reso 2014-007 letter of intent re. pavement preservation FY 2015 (00036790).doc Resolution 2014-007 Resolution � LTR 20130127 ADOT to T VanHook re. participation in pavement proqram 2015 Exhibit A- Letter of intent Exhibit (00036789).pdf Staff Recommendation: Staff recommends execution of the letter of intent to participate in the APPP for FY 2015. Suggested Motion: I move to adopt Resolution No. 2014-007, authorizing the Community Development Director to execute a letter of intent indicating the Town of Marana's intention to participate in the state of Arizona's Airport Pavement Preservation Program for fiscal year 2015 Regular Council Meeting - February 4, 2014 - Page 29 of 57 MARANA RESOLUTION NO. 2014-007 RELATING TO THE MARANA REGIONAL AIRPORT; AUTHORIZING THE COMMUNITY DEVELOPMENT DIRECTOR TO EXECUTE A LETTER OF INTENT INDICATING THE TOWN OF MARANA' S INTENTION TO PARTICIPATE IN THE STATE OF ARIZONA' S AIRPORT PAVEMENT PRESERVATION PROGRAM FOR FISCAL YEAR 2015 WHEREAS A.R.S. § 28-8411 authorizes the Town Council of the Town of Marana to undertake all activities necessary to acquire, establish, construct, own, control, lease, equip, improve, maintain, operate and regulate an airport; and WHEREAS A.R.S. § 28-8413 authorizes the Town of Marana to accept and receive federal and other monies for the acquisition, construction, enlargement, improvement, maintenance, equipment or operation of an airport and to enter into agreements regarding the receipt of such monies; and WHEREAS the Town Council finds that participation in the State of Arizona's Airport Pavement Preservation Program for fiscal year 2015 is in the best interests of the Town and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TO�►TN OF MARANA, ARIZONA, AS FOLLOWS: Resolution No. 2014-007 Regular Council Meeting - February 4, 2014 - Page 30 of 57 SECTION l. The Town Council hereby authorizes the Community Development Director to execute the letter of intent attached to and incorporated by this reference in this Resolution as Exhibit A indicating the Town of Marana's intention to participate in the State of Arizona's Airport Pavement Preservation Program for fiscal year 2015. 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 obj ectives of this resolution. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 4 th day of February 2014. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Resolution No. 2014-007 2 Regular Council Meeting - February 4, 2014 - Page 31 of 57 � � ���� J����� I�. �r�►�ve� �c���r�or 1�hn S. �i�l�k�+u��ki �7ir����r ��i��r�� ��������r�� �� Tr��r�����t����r� II�I�ult�r�c�+�a�I �I,���r�i�n� ���i�i�r� ��� ,���rt� ��rr��t��r�t�r ��v�rn�u+� P���ntx, �Ari��r�� ��C���'-����. ���� ���� �i�isr�r� �rr���°��r ����rr�b�r ��, �.�1� T�v�r� �f 1�1 � �r� � � ��55� �'11', �i�r� ��nt�r C��rir��, E�I�� A�3 I�fl�r�r��, �� �°��5� ���r�� �, 1��nh�c��C, �ir��t�r +�� ��r�1m�r�ity L�+��►e�����r�� �+�: A►C��T �ir��r� ��r���� Tr+���n��r�� P�r�,�ra� [��,�r ��. �'�r�l��c�l�: �C��T f�F�C� — ��r��r���i�� �r��p �a� ��r�r�l�t�� th� �I��r�ir�� �n� p�r���r��n ��e�r�lo�rr���t �I��i�� �f ��� �����t�'� �►ir���� ����r��nt �r���er���ti�n Pr��r�r� �c�r fi���l ���r ��14: T�ii� �� � p�c����r� tl��t �►D�T ��rc����uti�� �����i ��� �r�ur����r� ��� �r� ����, �r�d ��d���d ir� ��C�3, ���� �r��d ���� �h��r �I���r �c���r����d ta� �i��� ���r���r��� �� �II �� ��� ���te'� �u��li� ��r��r�� ��r�l �����d �n� �at+�� �s tc� ���i� ��v��rr���� ��r��diti�n ir����c �P�I�. 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CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, February 4, 2014, 7:00 PM To: Mayor and Council From: Keith Brann , Town Engineer Strategic Plan Focus Area: Not Applicable Item C 4 Subject: Resolution No. 2014-008: Relating to Development; approving a release of assurances for Tortolita Reserve subdivision and acceptance of public improvements for maintenance Discussion: This resolution will release the Assurance Agreement with Title Security Agency of Arizona, an Arizona corporation, as trustee under Trust No. 2042, and Lennar Arizona, Inc., an Arizona corporation, as subdivider, recorded in the Pima County Recorder's Office at sequence number 20123140200. Tortolita Reserve is a 39.12 acre subdivision located north of Moore Road and west of Tortolita Road, containing lots 1- 79, and common areas `A', `B' and `C' . In releasing said assurances, the Town accepts for maintenance, including maintenance of regulatory traffic control and street signs, approximately 0.8 miles of the following paved streets: � Bajada Drive � Opuntia Lane � Thornscrub Drive � Dry Creek Court The Town accepts for maintenance, of the paved roads, curb, sidewalk, and storm drains for the above referenced project with an estimated value of $549,261.00. Financial Impact: Budgeted to Operations and Maintenance ATTACHMENTS: 1�1ame: Description: � Reso 2014-008 revised 1-13- 2014 with FJC revisions.doc Resolution 2014-008 � Exhibit A Tortolita Reserve Exhibit A.pdf Exhibit A Staff Recommendation: Staff recommends approval Suggested Motion: I move to adopt Resolution 2014-008 Type : Resolution Exhibit Regular Council Meeting - February 4, 2014 - Page 36 of 57 MARANA RESOLUTION NO. 2014-008 RELATING TO DEVELOPMENT; APPROVING A RELEASE OF ASSURANCES FOR TORTOLITA RESERVE SUBDIVISION AND ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR MAINTENANCE WHEREAS Tortolita Reserve is a 39.12 acre subdivision located north of Moore Road and west of Tortolita Road , containing lots 1- 79, and common areas `A', `B' and `C' and is recorded in the Pima County Recorder's Office at sequence number 20123140200; and WHEREAS the Town has an Assurance Agreement with Title Security Agency of Arizona, an Arizona corporation, as trustee under Trust No. 2042, and Lennar Arizona, Inc., an Arizona corporation, as subdivider, recorded in the Pima County Recorder's Office at sequence number 20123140201, assuring the completion of public improvements for Tortolita Reserve; and WHEREAS the subdivider has completed the public improvements to Town standards in accordance with the Assurance Agreement for Tortolita Reserve; and NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana as follows : Section l. The Assurance Agreement for Tortolita Reserve is hereby released. Section 2. The Town accepts for maintenance, including maintenance of regulatory traf�c control and street signs, approximately 0.8 miles of the following paved streets as shown on Exhibit A: • B aj ada Drive • Opuntia Lane • Thornscrub Drive • Dry Creek Court PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this day of , 2014. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Resolution No. 2014-008 1/13/2014 12:58 PM GWP/FJC Regular Council Meeting - February 4, 2014 - Page 37 of 57 �� ��.,.•.v- d it+� • w r^ �� n�- �ri.n•a•}yariva.v.f9 F F s,��v4'_�.t�c �lr� t�i�r+ ��r I�. .. !��:�:� I d e+.,�.r � �:.,, � i,�.��f D.�'{+ I�� k° �h Z'., e+ t N (..i a W i,,1 � W N N N N h] N N N FJ N � � � � 31 G.� W N O ID � �J O� l.i� � (al N Q . 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Civic Center Drive, Marana, Arizona 8 5 65 3 Council Chambers, January 7, 2014, 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 REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL. Mayor Honea called the meeting to order at 7:00 p.m. Town Clerk Bronson called roll. All Council Members were present. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE. Led by Mayor Honea. APPROVAL OF AGENDA. Motion to app�ove by Council Membe� McGo��ay, second by Council Membe� Bowen. Passed unanimously. CALL TO THE PUBLIC. There were no speaker cards presented for Call to the Public. PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS. Mayor Honea reported on the Parks & Recreation-sponsored Egg Nog Jog held January 1, 2014 at the Continental Reserve Park. Over 450 people participated. Both he and Mr. Davidson attended a meeting with Ted Vogt and Brittann O'Brien regarding the proposed veteran's cemetery in Marana. Mr. Vogt is the Director of Veteran's Affairs for the Governor's Office. MANAGER' S REPORT: SUMMARY OF CURRENT EVENTS. Mr. Davidson reported that the Council Executive Report, a compilation of activities for December, is on the dais and is also available online. He stated that this report is a good reflection of all the good things taking place in the Marana community. PRESENTATIONS January7, 2014 Meeting Minutes Regular Council Meeting - February 4, 2014 - Page 39 of 57 CONSENT AGENDA. Motion to app�ove by Council Membe� McGo��ay, second by Council Membe� Kai. Passed unanimously. C 1: Resolution No. 2014-001: Relating to Utilities; approving and authorizing the Utilities Director to execute a Joint Funding Agreement with the U.S. Department of the Interior U.S. Geological Survey to continue from October l, 2013 through September 30, 2016 the study entitled Aquifer-Storage Change and Land-Surface Elevation Change Monitoring in the Tucson Active Management Area C 2: Approval of December 10 and 17, 2013 Council Meeting Minutes LIQUOR LICENSES L 1: Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a special event liquor license application submitted by Leonard D. Brown, Jr. on behalf of the PGA Tour, Inc. for the 2014 Accenture Match Play golf tournament to be held February 16-23, 2014. Presented by Jocelyn Bronson, who noted that this application was properly reviewed by staff, and approval is recommended. Motion to app�ove by Council Membe� Bowen, second by Vice Mayo� Post. Passed unanimously. L 2: Relating to Liquor Licenses; recommendation to the Arizona state liquor board regarding an application to add sampling privileges to the existing liquor license at Fry's Marketplace located at 12100 N. Thornydale Rd. Presented by Jocelyn Bronson, who noted that this application was properly posted and reviewed by staff, and approval is recommended. Motion to app�ove by Council Membe� Kai, second by Council Membe� McGo��ay. Passed unanimously. BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION A 1: Resolution No. 2014-002: Relating to parks and recreation; authorizing Town staff to initiate the possible exchange of Town of Marana owned Parcel A of Sky Ranch subdivision for a proposed Tangerine Corridor Community Park site in the triangle of land bounded by Tangerine Road, Camino de Manana, and Camino de Oeste owned by the Sky Ranch Homeowners Association. Frank Cassidy stated that this is the �rst step in the process of moving forward with an exchange of property. The town owns a parcel inside of Sky Ranch which was going to be the site of a children desert education center which never was realized. It's close to the gate and too small to be useful, and the only access is off of private streets. The homeowners' association of Sky Ranch and a couple of their representatives, Mrs. Studer and Mr. Kennedy, are here this evening and would like to speak to the Council about this at the conclusion of his presentation. January7, 2014 Meeting Minutes Regular Council Meeting - February 4, 2014 - Page 40 of 57 Mr. Cassidy said that the homeowners' association went to their membership about the possible exchange for some other homeowner association-owned common area which is in the triangle created by Camino de Manana, Tangerine Road and Camino de Oeste. It is a much better site for a community park in that part of the town. Upon Council authorization, staff can proceed with investigating the relative values of the properties, surveying and expend some initial costs for that process. When that is done, an exchange agreement will be brought back to Council for consideration. But this process allows for the preliminary work to be done. Mrs. Jeanette Studer, 4374 W. Cloud Ranch Place, spoke as the representative for homeowners, including Jim Kurtis, John Kennedy, Mark Simpson and Bob & Sarah McClure who were present and are also on the HOA board or an HOA park committee. She stated their appreciation for the cooperation they received from Tom Ellis and his staff, who were helpful in preparing materials for the homeowners prior to their voting on this issue. They needed 66 2/3 of the lot owners to approve going forward. They are excited about the proj ect and ready to move quickly. Motion to app�ove by Council Membe� McGo��ay, second by Council Membe� Kai. Passed unanimously. A 2: PUBLIC HEARING: Relating to Development; public hearing pursuant to A.R.S. § 9- 463.OS(D) regarding the land use assumptions and infrastructure improvements plans related to the Town's 2014 development impact fees for roads and parks. Mayor Honea declared the public hearing open. Presented by Keith Brann. He noted that this item was presented in a study session in December 2013. Tonight's presentation is the formal public hearing per state law. He then gave background information for the public including the authority to impose impact fees and the specific uses for those fees. The fees must be in place by August 1, 2014, preceded by several public notifications of hearings and actions. Mr. Brann noted that the process is on schedule for the fees. Next he discussed the current development fees and their purposes. Due to new legislation recently passed, the fee adoption process is based on expected growth in the next ten years and future ten-year cycles. The infrastructure improvement plan and development fee report are wrapped into the next ten-year plan. Prior to the new legislation, assumptions could be made on ultimate growth beyond a ten-year period. He discussed growth assumptions, a streets improvement plan, streets fee categories, based in large part on trip generation data, and the three streets fee service areas. Mr. Brann stated that the parks & recreation plan works a little differently. Where the roadway plan takes into account the building of potential future proj ects, the parks plan works more to the existing level of services and using that information to generate the fee moving forward, so that future residents are paying for the same type of services that current residents have. This is called the Incremental Expansion Method and is based on an inventory of all park assets and the replacement cost of those assets. These fees are used for town-wide amenities contained in a single benefit area (as opposed to the three streets fee service areas). A new fee will be only on new residential — single family and multi-family — population generation construction. A study determined that non-residential use is insignificant to include in the fee. He then gave an overview of some typical proj ects in the ten-year cycle. The reports have been out since September, and he gave an example of some of the comments received to date, January7, 2014 Meeting Minutes Regular Council Meeting - February 4, 2014 - Page 41 of 57 including formal comments from the Southern Arizona Home Builders Association (SAHBA) and the Metropolitan Pima Alliance (MPA). Some of the questions will require some additional thought and study such as how construction tax credits have been calculated and the reasoning for the ten percent HURF credit. With regard to construction sales tax and credits for single family residential units, a response was sent back with an analysis of the formula which is included with the council packet attachments. Ultimately, the fee may be split between parks and roads. Mr. Brann also explained how staff came up with the ten percent credit the Highway User Revenue Fund (HURF). HURF funding that comes to the toWn is based on population, so it's only something that we will credit against — residential construction. In the draft report, we stated that the town does not use HURF funding for capital construction; it's used for maintenance. Staff provide SAHBA with three years of fee usage none of which was for capital construction. However, based on the uncertainty in the next ten years, staff and consultants felt it was fair to take ten percent of what the HURF fee might be and apply that as a credit. It works out to about $300 for a single family residence. Again, the data does show that the credit could eventually go to zero, so it's really a policy decision as to whether or not there should be a HURF credit. From a staff standpoint, the uncertainty could allow it, but it could also be argued that it' s zero . Mr. Brann then reviewed major changes since the last study session and based on the comments from SAHBA and MPA, all of which will be corrected in the final report. He responded to questions from Council regarding street fee service areas and park impact fees in Dove Mountain and the HURF calculations. He stated that it might be more realistic to look at the growth we're seeing in ten years divided by ten, and see that as an annual HURF increase. Council Member Kai commended staff on their work and asked if it would be possible to have some one-to-one workshops with all interested parties like SAHBA, HOA's and developers. David Godlewski with SAHBA spoke to Council and stated that there has been a transparent process but as Vice Mayor Kai said, paperwork is being passed back and forth. The town did respond to the most recent letter. There are reviewing that and intend to have their consultant prepare more formal comments. He reviewed some of the concerns SAHBA has which Mr. Brann discussed in his presentation; however, he is optimistic going forward. Mayor Honea asked if there were other comments from the public. There being none, he closed the public hearing. Council Member Kai again reiterated that a workshop would be appropriate. Mr. Davidson said that staff will continue to meet with SAHBA and other interested parties and address any outstanding questions. A 3: Resolution No. 2014-003: Relating to Utilities; adopting a notice of intention to increase water rates, rate components, fees and service charges over a multi-year (2014-2017) period, and to increase wastewater rates, rate components, fees and service charges in 2014; and setting a February 18, 2014 public hearing on the proposed increases. John Kmiec addressed Council and noted that on December 17, 2013, the Utilities staff and economists.com gave a presentation on the preliminary findings on a proposed rate schedule. This resolution is merely to set a Notice of Intent as required by state law to adjust the town's rates and fees for water and wastewater. He would like to set the public hearing for February 18, 2014. That date meets and exceeds the 30- January7, 2014 Meeting Minutes 4 Regular Council Meeting - February 4, 2014 - Page 42 of 57 day window. Moving forward, the rates in the proposal will be a four-step process. He would like to have the water rates adopted in April of 2014, and then automatically adjust again in January of 2015, 2016 and 2017. On the wastewater side, staff is looking at a one-time adjustment in April of 2014. Motion to app�ove by Vice Mayo� Post, second by Council Membe� Ziegle�. Passed unanimously. ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Relating to Legislation and Government Actions; Discussion and possible action regarding all pending state, federal, and local legislation/government actions and on recent and upcoming meetings of other governmental bodies. No report. EXECUTIVE SESSIONS E 1: Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion regarding the items to be placed on the agenda, if three or more Council members request that an item be placed on the agenda, it must be placed on the agenda for the second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2-4-2(B). ADJOURNMENT. Motion to adjou�n at 7:49 p.m. by Vice Mayo� Post, second by Council Membe� McGo��ay. Passed unanimously. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on January 7, 2014. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk � January7, 2014 Meeting Minutes Regular Council Meeting - February 4, 2014 - Page 43 of 57 ���� � ��� � !� C � �������, � "4.�' �'.�^.� ��r ": � `'� ��"1�"�� �, � ;� REGULAR COUNCIL MEETING MINUTE S 11 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, January 21, 2014, 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 REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL. Mayor Honea called the meeting to order at 7:02 p.m. Town Clerk Bronson called roll. All Council Members were present. � — — PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE. Led by Mayor Honea. � APPROVAL OF AGENDA. Motion to app�ove by Council Membe� McGo��ay, second by Council Membe� Kai. Passed unanimously. CALL TO THE PUBLIC. No speaker cards were presented. PROCLAMATIONS National School Choice Week MAYOR AND COLTNCIL REPORTS: SUMMARY OF CURRENT EVENTS. Council Member Comerford reported on a fundraiser for the Marana Food Bank at Harley Davidson this Saturday. Marana citizen, Dan Heston, will be running for 12 hours straight in Footfalls for Food — the second year Mr. Heston has done this. Everyone is welcome to come out this weekend and give him some support. Council Member McGorray added to Council Member Comerford's report, stating that Mr. Heston will be coming across the �nish line at 3 p.m. The January 21, 2014 Meeting Minutes 1 Regular Council Meeting - February 4, 2014 - Page 44 of 57 Board of Directors from Food Bank will be there, and it would be great to have a good-sized crowd cheering him on across the finish line. MANAGER' S REPORT: SUMMARY OF CURRENT EVENTS. No report. PRESENTATIONS CONSENT AGENDA. Motion to app�ove the Consent Agenda by Council Membe� Kai, second by Council Membe� Bowen. Passed unanimously. C 1: Resolution No. 2014-004: Relating to Development; approving a final block plat for Marana Main Street, Blocks 1 through 10 and Common Area 'A'. � C 2: Approval o f January 7, 2 014 me eting minute s LIQUOR LICENSES ._ L 1: Relatin� to Liquor Licenses; recommendation to the Arizona State Liquor Board regarding a new series 12 (restaurant) liquor license application submitted by Javier Ramos Mora on behalf of Taco Giro Mexican Food, located at 4140 W. Ina Rd., Suite 180, Marana, AZ 85741. Jocelyn Bronson stated that the application was properly reviewed and posted. Staff received no protests and is recommending Council approval. Motion to app�ove by Council Membe� McGo��ay, second by Council Membe� Ziegle�. Passed unanimously. BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION � � A 1: PUBLIC HEARING: Ordinance No. 2014.001: Relating to Development; adopting an amendment to the Continental Ranch Specific Plan to add congregate care housing as a permitted use within the Commercial land use designation on land identified within the Speci�c Plan as Parcels 56, 57 and 72 only. Steven Vasquez presented to Council. It would affect the area at the northeast corner of Cortaro and Silverbell Roads. The Continental Ranch Specific Plan was adopted in 1988. The final plat for the affected parcels was adopted in 2005. The applicant is in process of developing a congregate care facility. On December 18, 2013, the Planning Commission approved the application Staff received one call in favor of proj ect. Mayor Honea opened the public hearing. There were no speakers from the public. Council Member Ziegler stated her support for the proj ect, although she is concerned about the location as it is adj acent to the Wheeler Taft Library. She thought the area better suited to this proj ect from a zoning perspective was closer to the Urgent Care on Silverbell. Erin Harris from Star Consulting, the project engineer, addressed Council Member Ziegler's concerns. Vice Mayor January 21, 2014 Meeting Minutes Regular Council Meeting - February 4, 2014 - Page 45 of 57 Post also expressed his concerns regarding the location of the facilities in proximity to the district park. Both Ms. Harris and Mr. Vasquez presented background information on the decision to use this location for the proj ect. Council Member Ziegler moved not to adopt Ordinance No. 2014.01, second by Vice Mayor Post. Motion failed 4-3 with Vice Mayor Post, and Council Members Kai and Ziegler voting "aye." A second motion in favo� of adopting O�dinance No. 2014.01 by Council Membe� McGo��ay, second by Council Membe� Bowen, passed 4-3 with Council Membe�s Bowen, Come�fo�d, McGo��ay and Mayo� Honea voting in favo� of adoption. ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: PUBLIC HEARING: Presentation: Relating to Utilities; public hearing pursuant to A.R.S. 9-463.05 (D) regarding land use assumptions and infrastructure improvement plans related to the Town's 2014 development impact fees for Water and Sewer Mayor Honea opened the public hearing. Presented by John Kmiec, who addressed Council with the permissible uses for the requested development fees, which includes new construction only. The deadline to have these fees in place is August 1, 2014. He then spoke to the fee adoption process, including growth assumptions, the infrastructure improvement plan and development fee report. The remainder of his presentation focused on comments to date, water service areas, the Marana and Pima County designated management areas and cost detail for acquiring the Marana water reclamation facility. This item was for information and open comment by the public. No Council action was required. � � D 2: Relating to Legislation and Government Actions; Discussion and possible action regarding all pending state, federal, and local legislation/government actions and on recent and upcoming meetings of other governmental bodies. Mr. Davidson acknowledged that the legislative session is open, and staff will be presenting updates to Council when we get them from the League or our contract lobbyists. Updates of interest to any municipality across the state will be given to Council in the form of emails and presentations at meetings. EXECUTIVE SESSIONS E 1: Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. FUTURE AGENDA ITEMS January 21, 2014 Meeting Minutes Regular Council Meeting - February 4, 2014 - Page 46 of 57 Notwithstanding the mayor's discretion regarding the items to be placed on the agenda, if three or more Council members request that an item be placed on the agenda, it must be placed on the agenda for the second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2-4-2(B). ADJOURNMENT. Motion to adjou�n at 7:33 p.m. by Vice Mayo� Post, second by Council Membe� McGo��ay. Passed unanimously. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on January 21, 2014. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk January 21, 2014 Meeting Minutes 4 � Regular Council Meeting - February 4, 2014 - Page 47 of 57 �(�`}� � (�� � � q � ►+�1 ��► � �1 7 `��1�{3��'` STUDY SESSION MINUTE S 115 5 5 W. Civic Center Drive, Marana, Arizona 8 5 65 3 Board Room, January 14, 2014, at or after 6:00 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 STUDY SESSION CALL TO ORDER AND ROLL CALL. Mayor Honea called the meeting to order at 6:00 p.m. Town Clerk Bronson called roll. All Council Members were present except Council Member Kai, who arrived at 6:27 p.m. ,� PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE. Led by Mayor Honea. � '•�'• � . APPROVAL OF AGENDA. Motion to app�ove by Vice Mayo� Post, second by Council Membe� Bowen. Passed 6-0. CALL TO THE PUBLIC. No speaker cards were presented. DISCUSSION/DIRECTION/POSSIBLE ACTION 1: Presentation: Relating to Administration; Strategic Plan approval of vision statement, and presentation and discussion of the framework for development of the fiscal year 2014-2015 budget and its role in the implementation of the Strategic Plan Gilbert Davidson stated that this was the annual kick-off to set the stage for the 2014-15 fiscal year budget preparation. The presentation is in two parts — the first is a discussion of where we are with the Strategic Plan development; reviewing the draft language. Then it will transition to Mr. Montague to talk about the past, present and future of the budget. Regular Council Meeting - February 4, 2014 - Page 48 of 57 Mr. Davidson noted that what is before Council is the revised vision statement — somewhere between a mission and a vision statement that is the essence of Marana in the Strategic Plan document. Mr. Davidson read the statement as follows " Marana's pioneering spirit leads us to reach new horizons. We embrace innovative thoughts that challenge the norm. Our commitment to success and excellence drives us to think, plan, discover and take action; to be the community that residents, businesses and visitors choose." (Underscores are Forum suggestions.) He noted that this statement was the direction that Council gave when Peggy Fiandaca led the work group back in August. Council expressed their approval of the statement as it gets to the heart of innovation, creativity and taking action to set a course and get things done. The next component of the Strategic Plan is the proposed Marana values. The four value statements — Dedicated service, Fiscal responsibility, Engaged innovation, and Strategic alliances -- are the same that have been in the previous two versions - just simpli�ed a little. From the Council workshop direction was given to define what these things are, so we're still working on some of the language. The focus areas are the same — Commerce, Community, Innovation, Heritage and Recreation. The next section gets into the actual format to be used to describe what's in Commerce. He talked about some of the characteristics of a place where there are diverse and thriving businesses as well as entrepreneurial spirit. Community talks about what we're going to provide for the town such as safety opportunities for community engagement, balance growth, quality amenities and diverse, interconnected communities. Much of the wording is the same as in previous plans. Innovation is designed to embrace change, be bold, visionary and efficient, more intradepartmental collaboration and developing a culture of systems to drive advancement. This also speaks to Council Member Kai's desire to find finding ways to incentivize and reward employees. Heritage is about getting the pioneering spirit across to preserve and protect the land — to be principled and focused as good stewards of our resources. Our community has been about taking advantage of the land while we have it. The idea was to instill something deeper about the people who have lived in the community over generations. Council Member Bowen would like a little more description of who we are. Gilbert noted that all of the statements will have some explanations attached to them. Recreation characteristics are to provide healthy and active lifestyle opportunities, diverse recreational amenities and showcase the Sonoran Desert. This Plan will be a helpful tool when talking to developers. It's a great document to challenge them in the design of their communities as it can help them integrate with existing amenities. He briefly discussed the documents handed out including the August 13 work document. _ � Mr. Montague began the budget presentation with the final results for FY 2013 and general fund reserves. When he provided the last update to Council in October, the numbers at that time were preliminary. He issued financial statements in December From FY ' 12 to ' 13, roughly $2.6M was added to reserves which is what he indicated would happen back in October. It's important to note that with reserves - they are the key focus of budget discussions over the years. The difficult decisions made by Council in prior budget cycles got us to where we are today - with liquidity to meet the needs of the organization and to provide for capacity and flexibility to invest in key initiatives and to leverage potential dollars in the future. Having those cash balances are extremely important. We are roughly where we were pre-recession, even though we didn't feel the effects until 2008-09. But immediately, significant changes were made in how the Regular Council Meeting - February 4, 2014 - Page 49 of 57 business was operated to maintain key service levels. The financial statements are available on the website. Next, Mr. Montague went over the current month available - focusing on the big three - TPT from July 2006-November 2013 for October transactions. Data is lagging about two months. Holiday sales rose for the �rst time above the $800K line. We don't know what the holiday sales are for this most recent December. Those numbers will come in most likely in February. However, we are moving in the right direction. Retail, Hotels and Restaurants are up year over year. From a TPT standpoint, though, Contracting shows the largest increase primarily due to the wastewater treatment plant and the housing recovery. The top ten in that category are home builders. Year over year, we're up about 15% - mostly related to contracting. For Intergovernmental Revenue — we are up about 7% overall year over year. The JLBC (Joint Legislative Budget Committee) provided the estimates related to proj ections that occurring at the state level, and they are pretty optimistic about the next two to four years. Depending on the category, they're predicting between four and a half and five percent growth. That's important to us because as the state does better, so do we. � The third major category is Licenses, Permits & Fees. For the current year's budget, we anticipated about 550 building permits The strength of the housing market is apparent here. Through December we're over halfway to our goal. For the calendar year, activity is occurring three areas: northern Marana which includes San Lucas, Gladden Farms and Rancho Marana; the east side which includes Dove Mountain, Sky Ranch, Tangerine Crossing and The Preserve; and the southern portion which includes Continental Ranch and Reserves, The Pines, Saguaro Bloom and Willow Ridge. The biggest player was Saguaro Bloom in that area. We're a little over where we were last year. March was the biggest month for building permits. He gave examples of new commercial businesses. ,_ He then gave a high level overview for 2015, noting that for planning purposes, early assumptions or proj ections are based on information available. Other key areas are sales tax of about 6.9%; governmental revenue of about 3.7%; and licenses and fees of about 17%, including the regional landfill host fee. Tipping fees for the first quarter (the first 10 days) were $9000, which is very encouraging. There is still some pressure on the budget. One is attributed to the Class and Compensation study. Staff has been working on getting those changes into play by December 28, and for those who are eligible to receive an increase, those adjustments will be in the 1/ 17/ 14 paychecks. He talked about health insurance benefit costs. Meetings are underway for options such as renewal. Gilbert also pointed out that Council was provided with a worksheet on self-funded vs fully insured benefits. Staff has been working to gather the facts related to a self-funded insurance program with the benefits consultants, and they will schedule a February study session with the benefits consultant. We could create our own insurance component up to a certain dollar amount and then a stop-gap with Cigna kicks in above that. Basically Cigna and all the big health insurance providers are covering more people so they want to make that up by asking us to pay a higher monthly premium. Self-funded is where we cover that gap. Even if we are self-insured, we still go through the Cigna network. We are self-funded in the dental area. Retirement costs are another cost rising - but just a little. The contribution amount is going up but the disability Regular Council Meeting - February 4, 2014 - Page 50 of 57 piece is going down. Public safety is going up. The Discriminatory bed tax rate is still in play. Those are the dollars we're leveraging for the long-term lease on the Preserve. There are ongoing costs of existing and future infrastructure - whether park or roads, and we want to continually refine the CIP process numbers. Last, we must be prepared for any new legislation that may emerge with requirements for cities and towns Mr. Davidson then went over the investment areas or reinvestment areas He recommends continuing to have a conservative fiscal philosophy of not spending every dollar that comes into the organization. Landfill dollars will be set off to the side, but a determination needs to be made as to how to spend them. Currently, there is no restriction on how they can be spent. As part of Council setting the policy, that will be part of what staff will be doing through the budget process. Several items will have a big expenses such as Heritage Park, a tourism program, and building infrastructure. Dollars left after Class and Comp is paid from existing one-time dollars will be looked at for strategic positions and resources and tools. Anything new that is added will come out of these dollars. � Mr. Montague then went over the budget timeline schedule starting January 22, 2014. There are some placeholders for tentative study sessions. Also underway are possible changes to the comprehensive fee schedule. Staff will come before Council for input into fee changes. It's important to maintain that schedule. April 15 will be the Manager's Recommended Operating Budget. There may be a study session toward the end of April if any additional input is required. Tentative budget adoption is scheduled for May 6 and the final budget adoption on June 3, 2014. EXECUTIVE SESSIONS 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 second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2-4-2(B). ADJOURNMENT. Motion by Vice Mayo� Post, second by Council Membe� McGo��ay to adjou�n the meeting at 7:27 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on January 14, 2014. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk Regular Council Meeting - February 4, 2014 - Page 51 of 57 .�.��`�.' �'�,"' ���. w �� � I'�1�1��1�1� � � �. F P.� �^� � � . � ��r �� � 115 5 5 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 8 5 65 3 Council Chambers, February 4, 2014, 7:00 PM To: Mayor and Council From: Jocelyn C. Bronson , Town Clerk Strategic Plan Focus Area: Not Applicable Item L 1 Subj ect: 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 the Tour de Cure event to be held on March 2, 2014. Discussion: This application is for a special event liquor license on behalf of American Diabetes Association for the Tour de Cure to be held on March 2, 2014 from 10:30 a.m. unti12:00 p.m. The applicant has also applied for a special event permit from the town, pursuant to Chapter 10-6 of the Marana Town Code. A special event liquor license is a temporary, non-transferable, on-sale retail privileges liquor license that allows a charitable, civic, fraternal, political or religious organization to sell and serve spirituous liquor for consumption only on the premises where the spirituous liquor is sold and only for the period authorized on the license. Qualifying organizations will be granted a special event license for no more than ten (10) days in a calendar year. Events must be held on consecutive days and at the same location or additional licenses will be required. The license is automatically terminated upon closing of the last day of the event or the expiration of the license, whichever occurs �rst. The qualified organization must receive at least twenty-five percent (25%) of the gross revenues of the special events. Pursuant to state law, a person desiring a special event liquor license must request a special event application from the Department of Liquor Licenses and Control (DLLC). The applicant then must file the application with the town for events occurring within the town's limits. The town may then recommend approval or disapproval of the special event liquor license. If the special event liquor license application is approved by the Town Council, and the event meets the requirements for granting the license, the director of the DLLC will issue a special event liquor license to the qualifying organization. If the application is disapproved by the Town Council, the DLLC will normally not consider the application. ATTAC H M E N TS : 1�Tame : Description: Type: � American Diabetes Assoc application redacted.pdf Application redacted Backup Material Staff Recommendation: Staff recommends approval of this special event liquor license application. Regular Council Meeting - February 4, 2014 - Page 52 of 57 Suggested Motion: OPTION 1: I move to submit to the DLLC a recommendation of approval of the special event liquor license application submitted by Claudio Martinez on behalf of the American Diabetes Association for the Tour de Cure. OPTION 2: I move to disapprove the special event liquor license application submitted by Claudio Martinez on behalf of the American Diabetes Association for the Tour de Cure. Regular Council Meeting - February 4, 2014 - Page 53 of 57 ��i�+�r�� ������rr��ru �F L�c���� ��c����� � �+������ ��� lfll ll�l�shingtnn �th Fl+��r �'h��enix, A�izc��n� 8������9�3� ��+�� ) ����-� 1 � � �����v�� ��� � � ���� fiow� �� I�� r� na - - � �" IC.,� ►��'�L���►`��C�I� F�� a�'��IAI� �11�NT LlCEN�E ��e =$�5.�� p�r d,�y ��r 1-1�3 d�y �vera�s o�ly A s�rv�ce f�e vf �25.�� wNl! �+� �h�� �+d ��r ��� d��l��n+�r��d �ch�c�� A.R.�. �� PJ��E T��� �3��U�NIENT M�J�T g� �U�C��' �C3�IA�P�,�`��� +�Ft IT'"�IViLI� B� F��TU�INED. �L�ASE ALL�IN �+� ����NES� C��►1t'''S F�R PF��!���SI�G. **Applicatian m�r�t b� ��prov►ed b�r I'���I gove�r�n�e�t �a�e�vr+� s�k�n��s���rn tv �LLC ��� o�L� ��p�rtr�ent c�f Li��+ar Li��ns�� ��c� C�r�trvl. ���+cti�� #2�} L z c���� # '� . ��I''1"'I� �� �rC���ll���l+�l"1. ►��e � A �x N�n�Pr�ff�1I.F�.�. Tax �x�mpt I�um��r: a ��� ���8�s 3�� Th� �r��r�iz�tic�r� is �r: ��h�c� +�r�e b�x c���Y} 0� �h�ri��b�� [] '�r��+�rr��� �r�nus� h�v� �+�g�a��r rr���nk��r�hip �r�c� ir� e�i�t�n+�e far ��►�r � �r��r�} [] �ivic � Re�i�ious � ��liti�,�l F���ty, E�,�Ilc�t M�a�ur�� o� �amp�ic�n ��m�itt+�e 4. INha� �s �he �urpc�se c�f this �e��n�'� [r�+�r�-��ite con�sur��ti�n ❑ �f��sit� c��s�ump�ti�r� �auctian} � �c�th �e�r Garder� at �r�ur �e Cu�� �cycling ev�r�t}, ta su�p�art th� America� Diabetes A�s��iation �r�gr�ms ir� South�rn AZ. �►. Lo���io� �f �h� e��r��: � N. East�c�u�� Frc��atac�e F�Q T�acs+an P�ma 8���� A��r+ess c�f �h�rsic�l l���ti�n {h��t F�.�. �3ox} �ity �+��unty �ip A�����a�# r�us�t be � m+�rr��+�r +�f the pualifyinq +�rqan�z�tivn a�r�d �utf�vriz+�d b�v an �f#icer, ��r�+�tor �r �haNr�a�rs�vn �f the +C3rc�an�za�ran nam+�� in �,u�sti�n �1. �Sic�rratur� re+�ui� �i� se��ic�n �18� �� J�I►����iC��t: �a�tinez _ Cla�dio La�# First M�d�l� Qa�te a� �i��'� 7. Prpplic�nt's I�ailin� Ad+�ress; 18c� ��, �c�m� �t r����i�s � $���� srr�et �;iry stat� zip S. �h�ne Numk��rs: � ��� � 7�����s� ��� �8�-���.� Sit� �wn�� # App�ic�n#"� Bu��n�ss # 9. ��t��(s� � F �f �v��t, �s�� A.�R.�. 4-244{�5} and' �1 r} f��r � ��gal P�aur� c�f s�ervice� � � . .... Appli�c�nt'� H�me # �a�+� Day +�� Ill�e�l� H��rs fr+�r� A.M�IP.�111. T� A.M.IP.I`�. �ay 1. Il�arch �, �� � 4 �und,�y 1 �:�`�A� �:�� PM l��y �; �ay 3: - ��� 4: C]ay �: ��y �: � C3�y �: ��y �: ��y►� �. ���► ��. _ _ _ _ *I3�sa�a�er1 ind�vi�u�l� r��uir•ir�� spe���l ��c��rr�mvd���vn�, �lea�+� call �(�+�Z� 54�-���7 S���emb�� ���.1 egular ouncil Meeting - February 4, 2014 - Page 54 of 57 ��. Has �he applica�t be�n c�n�ic�ed of a feior�y in �he pasf five years, ar had a liquor �icense revoked? [� YES []✓ N� �attach exp�anafiion if_��} 1'f . This argani�ation has been issued a specia� e�en� iicense for ° days this year, including this e�ent �n�t to exceed �� days pe� year}. � 2. �s �he organi�at�on using �he services �f a prnma�er or o�her persc�r� �o rr�ar�ag� �he ��en�? ❑ Y�� ✓[] N� If yes, attach a copy of the agreernent. � 3. L.is� all peopie and organi�ati�ns whQ wi�� receive fihe proc�eds. Accaunt for 'i 44°Io of the proc�eds. TH� C]R�ANiZATI�N APPLYING MU�T RFCFIVE 25°Io C]F THE �RC]SS REVENUFS C]F THE SF�EGIAL EVENT L�QUDR SALE�. N2�me American Diabetes Associatian 'I �D°I� Percentage Address �4�0 E• S�edwa BLVC�, Suite 1�8, Tucson AZ 8�7� 6 Na�e Percentage Address �Attach addifional sheet if n�cessary� � 4. Knawl�dge of Ar�zona S�ate L�quor Laws Ti�le 4 is irnp�rtant to pre�ent �iquor iaw viola�i�ns. if you ha�e any questions regarding fihe law or this applicat�on, ple��e cor�tac# the Ariz�na S�ate Department of L�quor Licens�s and Can�rol fo� assistance. NUTE: ALL AL��H�LI� B�V�RA�E SALES MUST BE FC]R C�]NSUNIPT��3N AT THE EV�NT 51TE �NLY. " NC� AL��HC�LI� BEVERA�ES SHALL LEAVE SPE�IAL EVFNT F�REM�SES. '� 5. Vllha� security and control mea�u�es wi�� you �ake to pre�en� vio�ations o� state liquor iaws a� this event? �List type and number of s�curitylpolic� persann�l and �ype of fencir�g or control barriers if applicable} � # Poiice [�]✓ �encin� � � # S�curity �ersannel ❑ Barriers Beer will only be permi�ted inside fended area, there will be only ane entran�e into be�r garden �nd ALL who entier will be ID checked and only �hose �� and older wil! be allowed inta area. '� �. Is there an existing �iquar license at the loca�ion w�ere �he spe��al event is being he�d? �f yes, does the existing business agre� t� �uspend their �iquo� �icer�se during the �ime per�od, and in �he area in which fhe special e�ent license w�ll be in use? �ATTAC� CC]PY C]F ACR�EN��NT'} [] YES [�✓ N�3 C] YES �] N� � } Name of Business Phone Number 'i7. Yaur licensed premises is that area in which y�u are authoriz�d �o se�[, dispense, or serve sp�ri�u�us liquors under the provisions of your ��cense. The following page is ta �e used t� pre�are a d�agram af yaur special evenfi iicensed premises. Ple�se show dimensions, ser�ing ar�as, fencing, barric�des ar ��her control m�asures and security posi�ions. Regular Council Meeting - February 4, 2014 - Page 55 of 57 TH�I� ���TIC�N T+� �E �C�M�'LE�'�� ��V�.Y BY A�I �]�Fl��f� �3IF�E�G��� �R �HAII�P'E��C3�V �]F T�� �RGAhIlZATI�� NA�E'�] II� C�U���"�Clh� #1 .� $. ��ed�ri�v GC��'1ez de���r� t��t I ar� �r� �7fficerl�ir�+�t+�rl�h�irpersvn appoir�ting the ri ; II narrre} �ppfic ��t�d +Q esti�n 6, ta ��ply �n behalf af �h� ��r�r�c►ir�� arganiz�tion f�r � Sp�e���l �v�r�t L�quor Li�en�e. � .,�, ~ -� f ,, � . �xecutir�e Dire�ctor �'��o } �'��.��' � ---�° - , (Si��a�ur� �TitI�IPr�siti�n� �D�t�e� . {Ph�ane #} � N1y Ca�rr��s�ion ��pires on: �tate �f .,� ���,� � .� � �, '� � �_ ��unty �� ��i� ���oi g i. t r�n r�t w s�cl�n�wledg�d b�f� me t is � +� ., .� �' A � � \ � . - � � � _ �� . �faF . ° �. . � ... - .� _.. �a te� THI� �E�T`I+�h� T�3 �C� C!aMP`�ETE� �3NLY BY" TH ��} T��N �'� 1 � . �+�I�udia� I'�a�r�in�ez - de�l�r� th�t � arr� �he APPLI�AhJ1� filing this a���i��tic�r� as �Print full n�m�� lis�� '.n C�u ��ia� I hav� re�� th+e �pplicati�r� ��d th+� ��n�er�ts �nd �II st�te�n�n�� ,�re �rue, cvrr�ct. �n ��r�pl���. � �-� _ . . � �. � a - � � ----�.�.� «-. St�te ca� �.�� r'��. -�� �� - �a�u r�ty a� .. �� � r � -- - - -- � �' �he f�re ' - �f n�- this - �; �, . . ._ ._. _ �..� �Sig a�ure} �� ��. � � � a � ��"���l► __ ������ - -y- � '�`� , , ,� r � N��y c�amr�nis�nc�n expir��s �n; (C]ate� na .. �� �`ou mu�t abtain ivcal vv+�rnm�n� � rv►ral. Citv v� �vuntv 1�''I.J',S� re�+vr��end ev�nt ar�d cc��p��+�t+e it�rra� #��4�. The Iv��l c�vrr�rninc� �ivdy may requi�r� a��lditivn�� a�pli�atiar�s �+� b+� com�let��i ar�t! submi#��� fi� day� in a+�w�nce a� �h+� �ver�t. A�ddi ti��ra�l licer��ing f �rn�y alsv �+� �equir�ed �r�f�ar� ap�rvval �n�y k�� �r,ant��d. L.[]�AL +�C�VERNI�V� �C�I�Y �►P�P!1��V'A�� S��Cfi�Clh� ,��}, I, - herek�y recar�r�nen� �I�is spe�Fal e►v��t �p�l����i�r� �Gov�rnrr��nt C�ffi�ial} �Ti�le} ar� b�hali� o� _ . __ �City, T�wn Qr C�untY� ��ign,�tur� �f C]FFlCIAL} �C����} [��p��tm+�nt �ar�m�n� �+e��iar�: F�R L��LC I�EPAF�T��NT US� C�NL4' �Emplc� ee �'[��te} A�'PRI�VEQ DI�A�P'R+d'V��3 �Y: - __ - . * - � Regular Council Meeting - February 4, 2014 - Page 56 of 57 � �(? I � � d � IJJ � I - . � � � � IyL7 ri i � r--I