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HomeMy WebLinkAbout11/05/2014 Council Agenda PacketM RA N WON N MARANA TOWN COUNCIL REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, November 5, 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 November 5, 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 italics. As a courtesy to others, please turn off or put in silent mode all pagers and cell phones. Meeting Times Welcome to this Marana Town Council meeting. Regular Council meetings are usually held the first and third Tuesday of each month at 7:00 PM at the Marana Municipal Complex, although the date or time may change and additional meetings may be called at other times and /or places. Contact the Town Clerk or watch for posted agendas for other meetings. This agenda may be revised up to 24 hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda. Speaking at Meetings If you are interested in speaking to the Council during the Call to the Public or Public Hearings, you must fill out a speaker card (located in the lobby outside the Council Chambers) and deliver it to the Town Clerk prior to the convening of the meeting. Marana Council Meeting 11/05/2014 Page 1 of 96 All persons attending the Council meeting, whether speaking to the Council or not, are expected to observe the Council rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. Accessibility To better serve the citizens of Marana and others attending our meetings, the Council Chambers are wheelchair and handicapped accessible. Persons with a disability may request a reasonable accommodation, 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. Agendas Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online at www.marana.com, by linking to the Town Clerk page under Agendas, Minutes and Recent Actions. For questions about the Council meetings, special services or procedures, please contact the Town Clerk, at 382 -1999, Monday through Friday from 8:00 AM to 5:00 PM. This Notice and Agenda Posted no later than 24 hours prior to the meeting, at the Marana Municipal Complex, 115 5 5 W. Civic Center Drive, the Marana Operations Center, 5100 W. Ina Road, and at www.marana.com on the Town Clerk page under Agendas, Minutes and Recent Actions. REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCE /INVOCATION /MOMENT OF SILENCE APPROVAL OF AGENDA CALL TO THE PUBLIC At this time any member of the public is allowed to address the Town Council on any issue within the jurisdiction of the Town Council, except for items scheduled for a Public Hearing at this meeting. The speaker may have up to three minutes to speak. Any persons wishing to address the Council must complete a speaker card located outside the Council Chambers and deliver it to the Town Clerk prior to the commencement of the meeting. Individuals addressing a meeting at the Call to the Public will not be provided with electronic technology capabilities beyond the existing voice amplification and recording capabilities in the facilities and the Town's overhead projector /document reader. Pursuant to the Arizona Open Meeting Law, at the conclusion of Call to the Public, individual members of the Council may respond to criticism made by those who have addressed the Council, and may ask staff to review the matter, or may ask that the matter be placed on a future agenda. PROCLAMATIONS Marana Council Meeting 11/05/2014 Page 2 of 96 Proclamation: Proclaiming November 2014 to be American Diabetes Month 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 Resolution No. 2014 -109: Relating to Emergency Management; approving and authorizing the Mayor to execute the Arizona Mutual Aid Compact on behalf of the Town of Marana (Lisa Shafer) C Resolution No. 2014 -110: Relating to Development; approving a release of assurances for a portion of Del Webb at Dove Mountain subdivision and accepting certain public improvements for maintenance (Keith Brann) C3 Resolution No. 2014 -111: Relating to Administration; providing that unpaid interns of the Town shall be entitled to Workers' Compensation benefits (Suzanne Machain) C4 Resolution No. 2014 -112: Relating to Utilities; approving and authorizing the Mayor to execute the corrected Sunset Ranch Water Service Transfer Agreement with the City of Tucson (Frank Cassidy) CS Approval of Marana Regular Council Minutes for October 7, 2014 and October 21, 2014 (Jocelyn C. Bronson) LIQUOR LICENSE L 1 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding an application for a person transfer and location transfer of a series 6 Bar liquor license submitted by Denise Marie Bora on behalf of Home Plate located at 8579 N. Silverbell Road, Marana, Arizona 85743 (Jocelyn C. Bronson) BOARDS, COMMISSIONS AND COMMITTEES Marana Council Meeting 11/05/2014 Page 3 of 96 B1 Resolution No. 2014 -113 Relating to Boards, Commissions and Committees; approving and authorizing the re- appointments of Joe Rielly, Gary Davidson and John Soper to the District Board of the Red Hawk Canyon Community Facilities District No. 2 (Jocelyn C. Bronson) COUNCIL ACTION ITEMS FOR DISCUSSION /POSSIBLE ACTION DI Relating to Real Estate; discussion and direction regarding the use of Town property for cell towers /wireless communications facilities and collocation of wireless providers on Town -owned towers and structures; discussion and direction regarding pending proposals from Verizon for a wireless communications facility on Town property at Linda Vista Boulevard and Hartman Road, from T- Mobile for a wireless communications facility on Town property at Continental Reserve Community Park, from T- Mobile for tower and ground space at the Town's current telecommunications site located on Town property on Lon Adams Drive, and from Verizon for a wireless communications facility on Town property at the Marana Heritage River Park (Jane Fairall) D2 Relating to Economic Development; discussion, consideration, and possible action regarding a request from Imagine Greater Tucson (IGT) for funding from the Town for a community outreach and engagement program designed to provide input for the Pima Association of Governments' (PAG) regional transportation planning efforts, with a focus on potential future development of an international trade corridor through the greater Tucson region (Curt Woody) D3 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 the other governmental bodies (Gilbert Davidson) EXECUTIVE SESSIONS Pursuant to A.R. S. § 38-431.03, the Town Council may vote to go into executive session, which will not be open to the public, to discuss certain matters. E1 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). Marana Council Meeting 11/05/2014 Page 4 of 96 ADJOURNMENT Marana Council Meeting 11/05/2014 Page 5 of 96 - r C? RANA -p 11555 W. CIVIC CENTER DRIVE. NIARANA. ARIZ ONA 8 5 6 5 3 Item 1. To: Mayor and Council From: Jocelyn C. Bronson, Town Clerk Date: November 5, 2014 Subject: Proclamation: Proclaiming November 2014 to be American Diabetes Month Attachments: American Diabetes Month Marana Council Meeting 11/05/2014 Page 6 of 96 PROCLAMATION American Diabetes Month WHEREAS in the United States nearl 30 million people, includin approximatel 500,000 children and adults in Arizona, have diabetes, a serious disease with potentiall life-threatenin complications such as heart disease, stroke, blindness, kidne disease and amputation; and WHEREAS an additional 86 million people in the United States are at risk for developin T 2 diabetes and WHEREAS recent estimates project that as man as one in three American adults will have diabetes in 2050 if current trends continue; and WHEREAS an increase in communit awareness is necessar to put a stop to the diabetes epidemic. NOW THEREFORE the Ma and Council of the Town of Marana do hereb proclaim November, 2014 to be American Diabetes Month in the Town of Marana and call upon all citizens and civic or to ac themselves with the issues involved surroundin diabetes and be part of the American Diabetes Association's 'Stop Diabetes' movement to confront, fi and most importantl chan the future of this deadl disease. Dated this 5th da of November, 2014 Ma Ed Honea ATTEST: Jocel C. Bronson, Town Clerk Marana Council Meetin 11/05/2014 Pa 7 of 96 - r C? RANA -P 115 5 5 W. CIVIC CENTER DRIVE. NIARANA. ARIZ ONA 8 5 65 3 To: Mayor and Council From: Lisa Shafer, Interim Director Date: November 5, 2014 Strategic Plan Focus Area: Community Item C1 Strategic Plan Focus Area Additional Info: Community Strategic Goal Initiative 2 - Provide quality services to keep the community safe and secure. One of the strategies under this initiative is to update the disaster recovery plan and emergency operations plans. This mutual aid compact is essential in assuring both of these plans have the support of the region. Subject: Resolution No. 2014 -109: Relating to Emergency Management; approving and authorizing the Mayor to execute the Arizona Mutual Aid Compact on behalf of the Town of Marana (Lisa Shafer) Discussion: The state of Arizona and numerous counties, tribes, cities, towns, fire departments and fire districts within Arizona have entered into the Arizona Mutual Aid Compact (AZMAC) for the purpose of providing mutual aid assistance to one another in the event of an emergency. In 2006 and 2010 the Town Council authorized the Town of Marana to be a participating entity of the AZMAC for successive 4 -year terms. The compact now calls for a 10 -year term, with the possibility of one 10 -year renewal. A list of entities participating in the AZMAC is attached for your information. The AZMAC provides procedures to notify participating parties of the need for emergency assistance, procedures for identifying available resources and a mechanism for compensating a providing party for resources used on behalf of a requesting party during an emergency. The Town of Marana's participation in the AZMAC will help to ensure that all jurisdictions in Arizona, including the Town, have all available resources accessible during an emergency situation. There is no initial financial impact to entering into the AZMAC. If an emergency arises in which the Town requests assistance, the Town may be required to reimburse providing parties for that Marana Council Meeting 11/05/2014 Page 8 of 96 assistance in accordance with the AZMAC. Likewise, if the Town provides assistance to another party in the compact, the Town may request reimbursement pursuant to the compact. Staff Recommendation: Staff recommends approval of the Arizona Mutual Aid Compact. Suggested Motion: I move to adopt Resolution 2014 -109, approving and authorizing the Mayor to execute the Arizona Mutual Aid Compact on behalf of the Town of Marana. Attachments: Resolution No. 2014 -109 Arizona Mutual Aid Compact Participating Entities Marana Council Meeting 11/05/2014 Page 9 of 96 MARANA RESOLUTION NO, 2014-109 RELATING TO EMERGENCY MANAGEMENT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE ARIZONA MUTUAL AID COMPACT ON BEHALF OF THE TOWN OF MARANA. WHEREAS the state of Arizona and numerous counties, tribes, cities, towns, fire depart- ments and fire districts within Arizona have entered into the Arizona Mutual Aid Compact (AZ- MAC) for the purpose of providing mutual aid assistance to one another in the event of an emergen- cy; and WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of the public for the Town of Marana to enter into the Arizona Mutual Aid Compact. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, AS FOLLOWS: SECTION 1. The Town Council hereby approves the Arizona Mutual Aid Compact (AZ- MAC), attached to and incorporated by this reference in this resolution as Exhibit A, and the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana. SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the Arizona Mutual Aid Compact. PASSED, ADOPTED, and APPROVED by the Mayor and Council of the Town of Marana, Arizona, this 5 day of November, 2014. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney g WKatb�jii�Al t 4t i /QM- *962.DOC /} Page 10 of 96 ARIZONA MUTUAL AID COMPACT This Compact is made and entered into by and among the signatory political jurisdictions within the State of Arizona and the Arizona Department of Emergency and Military Affairs. Recitals WHEREAS, one or more parties to this Compact may find it necessary to utilize all of their own resources to cope with emergencies and may require the assistance of another party or other parties; and, WHEREAS, it is desirable that all resources of political subdivisions, municipal corporations, tribes and other public agencies be made available to respond to such emergencies; and, WHEREAS, it is desirable that each of the parties hereto should assist one another when such emergency occurs by providing such resources as are available and needed including, but not limited to, fire, police, medical and health, environmental, communication, and transportation services to cope with the problems of response and, WHEREAS, it is desirable that a compact be executed for the interchange of such mutual aid; and, WHEREAS, it is desirable to utilize this agreement in exercising adopted emergency plans; and, WHEREAS, it is desirable that the manner of financing of such cooperative undertakings be resolved in advance of such emergency; NOW, THEREFORE, IT IS HEREBY AGREED by and between each and all of the signatories hereto as follows: 1 247749.1 10/1/2014 Marana Council Meeting 11/05/2014 Page 11 of 96 COMPACT 1. Purpose. The purpose of this Compact is to define for the participating parties the emergency management terms and procedures which will be used among participating parties for dispatching mutual aid assistance to any affected area in accordance with local ordinances, resolutions, emergency plans or agreements. Contracting authority for political subdivisions of Arizona for this Compact is based upon A.R.S. § 26 -308 which provides that each county and incorporated city and town of the state may appropriate and expend funds, make contracts and obtain and distribute equipment, materials and supplies for emergency management purposes. Tribal contracting authority will be in accordance with each Tribe's laws. Special District authority will be in accordance with their respective laws. Public education district authority is based on A.R.S. § 15- 342(13) and A.R.S. § 11 -952. This Agreement shall be construed in accordance the laws of the State of Arizona. 2. Scope. The Scope of this Compact is to (1) provide the procedures to notify the Providing Parties of the need for emergency assistance; (2) to identify available resources; and, (3) to provide a mechanism for compensation for resources. 3. Definitions. • Automatic Mutual Aid means the automatic dispatch and response of requested resources without incident specific approvals. These agreements are usually basic contracts; some may be informal accords. • Backfill means replacement of the Requesting Party's personnel who perform the regular duties of other personnel while they are performing eligible emergency work. • Compact means this document, the Arizona Mutual Aid Compact (AZMAC). • Director is the Director of the Department of Emergency and Military Affairs (DEMA). • Emergency or Emergencies means any disaster, emergency, or contingency situation which requires a collaborative effort among multiple Jurisdictions. • Exercise is the exercising of adopted emergency plans utilizing the Homeland Security Exercise and Evaluation Program (HSEEP) • Jurisdiction means an entity, including Political Subdivisions and tribal governments, which (1) has the authority to act, within a defined geographical area especially in times of emergency and (2) is a party to this Compact. 2 247749.1 10/1/2014 Marana Council Meeting 11/05/2014 Page 12 of 96 • Local Mutual Aid are agreements between neighboring jurisdictions or organizations that involve a formal request for assistance and generally cover a larger geographic area than automatic mutual aid. • Political Subdivision means any county, incorporated city or town, fire district, or public education district, irrigation, power, electrical, agricultural improvement, drainage, and flood control districts, and other tax levying public improvement districts. • Providing Party means the Jurisdiction providing aid in the event of an emergency. • Requesting Party means the Jurisdiction requesting aid in the event of an Emergency. • Self- deployed means to respond to an emergency without being requested by the Requesting Party. 4. Guiding Policy. • Arizona Revised Statute (A.R.S.), Title 26, Military Affairs and Emergency Management. • Arizona Administrative Code (A.A.C.), Title 8, Emergency and Military Affairs. • National Incident Management System (NIMS), 2008 5. Procedures for Requesting Assistance. A Requesting Party which needs assistance in excess of its own resources and existing automatic mutual aid or local mutual aid due to an emergency is authorized to request assistance from any party to this Compact. However, when making such requests, consideration shall be given to, and requests made, based on, but not limited to, the geographical proximity of other jurisdictions with that of the jurisdiction requesting assistance. All requests for assistance from the State must be coordinated through the Requesting Party's county emergency operations center, or tribal emergency operations center (whichever is applicable). Requests should specify what the emergency is, what resources are needed and the estimated period of time during which such mutual aid shall be required, if known. Please use the Resource Request form provided in Appendix A. 6. Providing Party's Assessment of Availability of Resources and Ability to Render Assistance. Subject to the terms of this Compact, the Providing Party shall make reasonable efforts to assist the Requesting Party. In all instances, the Providing Party shall render such mutual aid as it is able to provide consistent with its own service needs at the time, taking into 3 247749.1 10/1/2014 Marana Council Meeting 11/05/2014 Page 13 of 96 consideration the Providing Party's existing commitments within its own jurisdiction. The Providing Party shall be the sole judge of what mutual aid it has available to furnish to the Requesting Party pursuant to this Compact. 7. Implementation Plan. Each party should develop an emergency operations plan that includes a process to provide for the effective mobilization of its resources, both public and private, including acceptance of mutual aid to provide or receive assistance under this Compact. 8. Contact List. Each Party shall develop a contact list as outlined in Appendix B, which shall be provided to the Director for distribution to all other parties to this Compact. 9. Reimbursement Procedures between Parties. If the Providing Party desires reimbursement for the assistance they are providing, the Requesting Party shall reimburse the Providing Party for all costs incurred in the mutual assistance, whether an incident has been declared an emergency or not. The Providing Party must declare its intent to seek reimbursement as part of their response to the Requesting Party's request for assistance (see Appendix A: Resource Request forms). The Providing Party and the Requesting party shall agree upon allowable costs for mutual assistance prior to the dispatch of any mutual assistance resources. Unless otherwise negotiated by the parties involved, the parties may reference the state allowable costs as defined in A.A.C. Title 8 (as may be amended from time to time). If the assistance is authorized and accepted, the Requesting Party shall reimburse the Providing Party all allowable costs of labor, equipment, and materials that have actually been expended during the execution of the mission assignment, after receipt of an itemized voucher and documentation is received. If there has been a declaration of emergency from the Governor and /or President, the Requesting Party may be eligible for reimbursement for these mutual aid costs under the state or federal declaration of emergency. See item 10. 10. Reimbursement Procedures from the State. If the Governor and /or President have declared an emergency, the Requesting Party can prepare an itemized voucher and documentation of all paid allowable costs including all the cost of the mutual aid resources reimbursed to any Providing Parties under this Compact, for submittal to the State for consideration for reimbursement in accordance with A.A.C. Title 8 (as may be amended from time to time). As per A.A.C. Title 8, R8 -2 -301, sub -parts 1, 12 & 15, only state agencies and political subdivisions are eligible to receive reimbursement under a Governor's Declaration. Any Tribal Nations as the Requesting Party would need to seek reimbursement under a Presidential Declaration. Any Tribal Nations as the Providing Party 4 247749.1 10/1/2014 Marana Council Meeting 11/05/2014 Page 14 of 96 would seek reimbursement from the Requesting Party as outlined in Item 9. The state is not liable for any claim arising from an emergency for which the applicant receives funds from another source (A.A.C. Title 8, R8 -2 -312). Self- deployed resources will not be reimbursed. 11. Personnel Compensation and Insurance. The Requesting Party and the Providing Party shall be responsible for all compensation and insurance coverage of their respective employees and equipment. 12. Immunity. The parties shall have such immunity as provided by applicable state, federal or tribal law. 13. Indemnification. Each party (as "Indemnitor ") agrees to defend, indemnify, and hold harmless the other party (as "Indemnitee ") from and against any and all claims, losses, liability, costs, or expenses (including reasonable attorney's fees) (hereinafter collectively referred to as "Claims ") arising out of bodily injury of any person (including death) or property damage, but only to the extent that such Claims which result in vicarious /derivative liability to the Indemnitee are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees, or volunteers. This compact is between Governmental entities. Should a signatory to this agreement use a contractor for any purpose, said contractor would be required to abide by ADOA Risk Management insurance requirements which are attached as Appendix C. 14. Term. This Compact shall be effective on the date it is recorded with the Secretary of State. Except as otherwise provided in this Compact, this Compact shall terminate ten years after the effective date. This Compact, upon mutual consent of the parties may be extended for a period of time not to exceed 10 years. Any modification or time extension of this Compact shall be by formal written amendment and executed by the parties hereto. 15. ADA. Each party shall comply with applicable provisions of the Americans with Disabilities Act (Public Law 101 -336, 42 United States Code. 12101 - 12213) and all applicable federal regulations under the Act, including 28 Code of Federal Regulation Parts 35 and 36. 5 247749.1 10/1/2014 Marana Council Meeting 11/05/2014 Page 15 of 96 16. Non - Discrimination. To the extent of the law the Parties shall comply with Executive Order 2009 -9, which mandates that all persons, regardless of race, color, religion, sex, age, or national origin not mentioned in Order shall have equal access to employment opportunities, and all other applicable state and Federal employment laws, rules, and regulations, including the Americans with Disabilities Act. Parties shall take affirmative action to ensure that applicants for employment and employees are not discriminated against due to race, creed, color, religion, sex, national origin or disability. 17. Compliance with Laws. Each party shall comply with all federal, tribal, state and local laws, rules, regulations, standards and Executive Orders, as applicable, without limitation to those designated within this Compact. Any changes in the governing laws, rules and regulations during the terms of this Compact shall apply but do not require an amendment. 18. Worker's Compensation. Each Party herein shall comply with the provisions of A.R.S §23- 1022(E) by posting the public notice required. As provided for in A.R.S. §23- 1022(D), an employee of a public agency who works under the jurisdiction or control of or within the jurisdictional boundaries of another public agency pursuant to a specific intergovernmental agreement or contract entered into between the public agencies is deemed to be an employee of both public agencies. However, the primary employer is solely liable for the payment of Workers" Compensation benefits. As such, each Party shall maintain Workers' Compensation insurance coverage on all of its own employees providing services pursuant to this agreement. 19. Insurance. Each Party shall bear the risk of its own actions, as it does with all its operations, and shall determine for itself an appropriate level of insurance coverage and maintain such coverage. Nothing in this Agreement shall be construed as a waiver of any limitation on liability that may apply to a Party. 20. Non - appropriation. Every payment obligation of the Parties under this Agreement is conditioned upon the availability of funds appropriated and allocated for the payment of such obligation. If funds are not appropriated, allocated and available or if the appropriation is changed by the legislature resulting in funds no longer being available for the continuance of this Agreement, this Agreement may be terminated by the Parties at the end of the period for which funds are 0 247749.1 10/1/2014 Marana Council Meeting 11/05/2014 Page 16 of 96 available. No liability shall accrue to the Party in the event this provision is exercised, and neither Party shall be obligated or liable for any future payments or for any damages as a result of termination under this paragraph. 21. No Third Party Beneficiaries. Nothing in the provisions of this Compact is intended to create duties or obligations to or rights in third parties not parties to this Compact or affect the legal liability of any party to the Compact by imposing any standard of care different from the standard of care imposed by law. 22. Entire Compact. This document constitutes the entire Compact between the parties pertaining to the subject matter hereof. This Compact shall not be modified, amended, altered or extended except through a written amendment signed by the parties and recorded with the Arizona Secretary of State or Tribal government as appropriate. 23. Jurisdiction. Nothing in this Compact shall be construed as otherwise limiting or extending the legal jurisdiction of any party. Nothing in this Compact is intended to confer any rights or remedies to any person or entity that is not a party. 24. Conflict of Interest. The requirements of A.R.S. § 38 -511 apply to this Agreement. The Parties may cancel this Agreement, without penalty or further obligation, if any person significantly involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of the Party is, at any time while this Agreement or any extension is in effect, an employee, agent or consultant of Party with respect to the subject matter of this Agreement. 25. Supervision and Control. Management of an emergency shall remain with the jurisdiction in which the emergency occurred. Supervision and control of Providing Parties' personnel and equipment shall be in accordance with National Incident Management System. The Requesting Party will be responsible for providing supplies and services, such as food, shelter, gasoline and oil, for on- site use of equipment and for the personnel providing assistance. All equipment and personnel used pursuant to this Compact shall be returned to the Providing Party upon being released by the Requesting Party or on demand of the Providing Party for such return. 7 247749.1 10/1/2014 Marana Council Meeting 11/05/2014 Page 17 of 96 26. Severability: Effect on Other Agreements. It is expressly understood that this Compact shall not supplant existing agreements between some of the parties, which do provide for the exchange or furnishing of certain types of services on a compensated basis. 27. Severabi I ity. If any provision of this Compact is held to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the full extent permitted by law. 28. Responsibility of the Department of Emergency and Military Affairs. Nothing within this Compact limits or restricts the duties and obligations the State of Arizona may have to respond to the emergency of any party. 29. Effective Date. This Compact shall become effective as to each party when adopted by resolution and executed by the governing body of the jurisdiction, and shall remain operative and effective as between each and every party that has heretofore or hereafter executed this Compact, until participation in this Compact is terminated by the party. The termination by one or more of the parties of its participation in this Compact shall not affect the operation of this Compact as between the other parties thereto. The Director shall identify on their website, with updates as needed, all parties signatory to this Compact. 30. Execution Procedure. Execution of this Compact shall be as follows: This Compact, which will be designated as "ARIZONA MUTUAL AID COMPACT," shall be executed in counterparts by the governing body of each party. Upon execution, the counterpart will be filed with the Secretary of State and the Tribal government as applicable and be provided to the Director. This Compact will be effective between all parties who execute this Compact even if it is not executed by all eligible jurisdictions. 31. Termination. Termination of participation in this Compact may be effected by any party as follows: Notice of termination will be given to the Director 20 days prior to termination. Any party may, by resolution of its governing body, terminate its participation in this Compact and file a certified copy of such resolution with the Secretary of State or the Tribal government, with a copy to be provided to the Director. The parties to this Compact understand and acknowledge that this Compact is subject 0 247749.1 10/1/2014 Marana Council Meeting 11/05/2014 Page 18 of 96 to cancellation by any party pursuant to A.R.S. § 38 -511 or applicable Tribal law. 32. Dispute Resolution. The Parties to this Agreement agree to resolve all disputes arising out of or relating to this Agreement through arbitration, after exhausting applicable administrative review, to the extent required by A.R.S. § 12 -1518 except as may be required by other applicable statutes. 33. Record Retention Pursuant to A.R.S. §§ 35 -214 and 35 -215, the Parties shall retain all records relating to this Agreement for a period of five years after completion of the Agreement. All records shall be subject to inspection and audit by the State of Arizona at reasonable times. 0 247749.1 10/1/2014 Marana Council Meeting 11/05/2014 Page 19 of 96 ARIZONA MUTUAL AID COMPACT SIGNATURE PAGE TOWN OF MARANA IN WITNESS WHEREOF, the parties hereto each sign this Arizona Mutual Aid Compact signature page. The signor warrants that he or she has been duly authorized to commit the jurisdiction to participate in the Compact by formal approval of the jurisdiction's governing body. Mayor Ed Honea ATTEST: Town Clerk Date of formal approval by governing body: Date Date Pursuant to A.R.S. § 11- 952(D) or applicable Tribal law, the attorney for the above entity has determined that the foregoing Compact is in proper form and is within the powers and authority of the entity as granted under the laws of this State and the applicable Tribal government. Town Attorney 247749.1 10/1/2014 Date 10 Marana Council Meeting 11/05/2014 Page 20 of 96 Appendix A ARIZONA MUTUAL AID COMPACT (AZMAC) EMERGENCY MANAGEMENT RESOURCE REQUEST Date of Request Requesting Agency Tracking Number Requesting Organization Organization Point of Contact Work Cell E -Mail Requested Resource Type /Kind Quantity Unit of Measure Date /Time Required Resource must come with: ❑ Fuel ❑ Meals ❑ Maintenance ❑ Lodging Mission ❑ Operator(s) ❑ Water ❑ Power ❑ Transporter 3pecim iiistructiuiis tcequesi r orwaraea io Contact Name Organization/Agency Vendor Date /Time of Submission Request Approved by 11 247749.1 10/1/2014 Date Marana Council Meeting 11/05/2014 Page 21 of 96 Appendix A ARIZONA MUTUAL AID COMPACT (AZMAC) EMERGENCY MANAGEMENT RESOURCE REQUEST Date of Request Assisting Agency Tracking Number Phone E -Mail Regular Regular Assisting Organization Organization Point of Contact Work Cell E -Mail Requested Resource Type /Kind Quantity Unit of Measure Date /Time Required Offer Travel Costs Equipment Costs Commodities Personnel F. Name L. Name Phone E -Mail Regular Regular Overtime Overtime Salary/ Fringe Salary/ Fringe Benefit Hourly Benefit Hourly Hourly Rate Rate Hourly Rate Rate Estimated Resource Cost Providing Party Agency Representative Signature and Date Representative Name and Title (Print) Signature & Date Requesting Party Agency Representative Signature and Date Representative Name and Title (Print) Signature & Date 12 247749.1 10/1/2014 Marana Council Meeting 11/05/2014 Page 22 of 96 Appendix B ARIZONA MUTUAL AID COMPACT (AZMAC) POINTS OF CONTACT Date: October 20, 2014 Name of Jurisdiction: Town of Marana Mailing Address: 11555 W. Civic Center Drive City, State, Zip Code: Marana, AZ 85653 Authorized Representatives to Contact for Mutual Aid Assistance 13 247749.1 10/1/2014 Marana Council Meeting 11/05/2014 Page 23 of 96 Primary Contact 1 St Alternate 2 nd Alternate Name Manuel Carbajal Sgt. Steve Johnson Lisa Shafer Title Emergency Mgt. Coordinator MPD - Sergeant Community Development Dir. 24 -Hr Phone No. 520 360 -8795 520 471 -0292 520 975 -7169 Address 11555 West Civic Center Dr. Marana, AZ 85653 11555 West Civic Center Dr. Marana, AZ 85653 11555 West Civic Center Dr. Marana, AZ 85653 Day Phone No. 520 382 -1972 520 382 -2034 520 382 -1909 Night Phone No. 520 360 -8795 520 471 -0292 520 975 -7169 Fax No. 520 382 -1972 520 382 -2004 520 382 -1998 Email mcarbajal@marana.com sjohnson@marana.com lshafer@marana.com 13 247749.1 10/1/2014 Marana Council Meeting 11/05/2014 Page 23 of 96 Appendix C ARIZONA MUTUAL AID COMPACT (AZMAC) USE OF A CONTRACTOR In addition, each signatory shall cause its contractor(s) and subcontractors, if any, to defend, indemnify, and hold harmless the State of Arizona, any jurisdiction or agency issuing any permits for any work arising out of this Agreement, and their respective directors, officers, officials, agents, and employees (hereinafter referred to as "Indemnitee ") from and against any and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys' fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as "Claims ") for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of signatory's contractor or any of the directors, officers, agents, or employees or subcontractors of such contractor. This indemnity includes any claim or amount arising out of or recovered under the Workers' Compensation Law or arising out of the failure of such contractor to conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by such contractor from and against any and all claims. It is agreed that such contractor will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable." Insurance Requirements for Governmental Parties: None. Insurance Requirements for Any Contractors Used by a Party to the Intergovernmental Agreement: (Note: this applies only to Contractors used by a governmental entity, not to the governmental entity itself.) The insurance requirements herein are minimum requirements and in no way limit the indemnity covenants contained in the Intergovernmental Agreement. The State of Arizona in no way warrants that the minimum limits contained herein are sufficient to protect the governmental entity or Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, his agents, representatives, employees or subcontractors, and Contractor and the governmental entity are free to purchase additional insurance. 14 247749.1 10/1/2014 Marana Council Meeting 11/05/2014 Page 24 of 96 A. Minimum Scope and Limits of Insurance: Contractor shall provide coverage with limits of liability not less than those stated below. 1. Commercial General Liability — Occurrence Form Policy shall include bodily injury, property damage, personal and advertising injury and broad form contractual liability. • General Aggregate $2,000,000 • Products — Completed Operations Aggregate $1,000,000 • Personal and Advertising Injury $1,000,000 • Damage to Rented Premises $ 50 • Each Occurrence $1 a. The policy shall be endorsed (Blanket Endorsements are not acceptable) to include the following additional insured language: "The State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees shall be named as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor." Such additional insured shall be covered to the full limits of liability purchased by the Contractor, even if those limits of liability are in excess of those required by this Contract. (Note that the other governmental entity(ies) is /are also required to be additional insured(s) and they should supply the Contractor with their own list of persons to be insured.) b. Policy shall contain a waiver of subrogation endorsement (Blanket Endorsements are not acceptable) in favor of the "State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees" for losses arising from work performed by or on behalf of the Contractor. 2. Business Automobile Liability Bodily Injury and Property Damage for any owned, hired, and /or non -owned vehicles used in the performance of this Contract. • Combined Single Limit (CSL) $1, 000, 000 a. The policy shall be endorsed JBIanket Endorsements are not acceptable) to include the following additional insured language: "The State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees 15 247749.1 10/1/2014 Marana Council Meeting 11/05/2014 Page 25 of 96 shall be named as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor, involving automobiles owned, leased, hired or borrowed by the Contractor ". Such additional insured shall be covered to the full limits of liability purchased by the Contractor, even if those limits of liability are in excess of those required by this Contract. b. Policy shall contain a waiver of subrogation endorsement (Blanket Endorsements are not acceptable) in favor of the "State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees" for losses arising from work performed by or on behalf of the Contractor. (Note that the other governmental entity(ies) is /are also required to be additional insured(s) and they should supply the Contractor with their own list of persons to be insured.) c. Policy shall contain a severability of interest provision. 3. Worker's Compensation and Employers' Liability • Workers' Compensation Statutory • Employers' Liability Each Accident $1,000,000 Disease — Each Employee $1,000,000 Disease — Policy Limit $1,000,000 a. Policy shall contain a waiver of subrogation endorsement (Blanket Endorsements are not acceptable) in favor of the "State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees" for losses arising from work performed by or on behalf of the Contractor. b. This requirement shall not apply to: Separately, EACH contractor or subcontractor exempt under A.R.S. § 23 -901, AND when such contractor or subcontractor executes the appropriate waiver (Sole Proprietor /Independent Contractor) form. B. Additional Insurance Requirements: The policies are to contain, or be endorsed (Blanket Endorsements are not acceptable) to contain, the following provisions: 1. The Contractor's policies shall stipulate that the insurance afforded the Contractor shall be primary insurance and that any insurance carried by the Department, its agents, officials, employees or the State of Arizona shall be excess and not contributory insurance, as provided by A.R.S § 41 -621 (E). 16 247749.1 10/1/2014 Marana Council Meeting 11/05/2014 Page 26 of 96 2. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Coverage provided by the Contractor shall not be limited to the liability assumed under the indemnification provisions of its Contract with the other governmental entity(ies) party to the IGA. C. Notice of Cancellation: With the exception of (10) day notice of cancellation for non- payment of premium, any changes material to compliance with this contract in the insurance policies above shall require (30) days written notice to the State of Arizona. Such notice shall be sent directly to the Department and shall be sent by certified mail, return receipt requested. D. Acceptability of Insurers: Contractors insurance shall be placed with companies licensed in the State of Arizona. Insurers shall have an "A.M. Best" rating of not less than A- VII or duly authorized to transact Workers' Compensation insurance in the State of Arizona. The State of Arizona in no way warrants that the above - required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency. E. Verification of Coverage: Contractor shall furnish the State of Arizona with certificates of insurance (ACORD form or equivalent approved by the State of Arizona) as required by this Contract. The certificates for each insurance policy are to be signed by an authorized representative. All certificates and endorsements (Blanket Endorsements are not acceptablel are to be received and approved by the State of Arizona before work commences. Each insurance policy required by this Contract must be in effect at or prior to commencement of work under this Contract and remain in effect for the duration of the project. Failure to maintain the insurance policies as required by this Contract, or to provide evidence of renewal, is a material breach of contract. All certificates required by this Contract shall be sent directly to the Department. The State of Arizona project /contract number and project description are to be noted on the certificate of insurance. The State of Arizona reserves the right to require complete, certified copies of all insurance policies required by this Contract at any time. F. Subcontractors: Contractor's certificate(s) shall include all subcontractors as insureds under its policies or Contractor shall furnish to the State of Arizona separate certificates for each subcontractor. All coverages for subcontractors shall be subject to the minimum requirements identified above. 17 247749.1 10/1/2014 Marana Council Meeting 11/05/2014 Page 27 of 96 G. Approval: Any modification or variation from the insurance requirements in any Intergovernmental Agreement must have prior approval from the State of Arizona Department of Administration, Risk Management Division, whose decision shall be final. Such action will not require a formal contract amendment, but may be made by administrative action. H. Exceptions: In the event the Contractor or sub - contractors) is /are a public entity, then the Insurance Requirements shall not apply. Such public entity shall provide a Certificate of Self- Insurance. If the contractor or sub - contractors) is /are a State of Arizona agency, board, commission, or university then none of the above shall apply. 18 247749.1 10/1/2014 Marana Council Meeting 11/05/2014 Page 28 of 96 Arizona 9 (AZMAC) Date posted /4ugust 22, 2014 STATE OF ARIZONA COUNTIES Apache County � Greenlee County * 4r Pima County The Hopi Tribe Cochise County � La Paz County ,, Pinal County * Coconino County � Maricopa County � Santa Cruz County Tohono O'odham Nation Gila County � Mohave County � Yavapai County Via Graham County Navajo County � Yuma County Tonto Apache Tribe TRIBES Ak -Chin Indian Hualapai Tribe The Hopi Tribe Community Coco pa h Tribe Ka i ba b Paiute Tribe Tohono O'odham Nation Via Colorado River Indian Navajo Nation Tonto Apache Tribe Tri bes Fort McDowell Yavapai Pasqua Yaqui Tribe White Mountain Nation Apache Tribe Fort Mojave Indian Pueblo of Zuni Tribe Yavapai Apache Tribe Nation Fort Yuma Quechan Salt River Pima - Maricopa Yavapai - Prescott Tribe Indian Community Indian Tribe Gila River Indian San Carlos Apache Community 4 Tribe Havasupai Tribe San Juan Southern Pa i u to sZ � artgouncil Meeting 11/05/2014 Page 29 of 9 e 1 1 a 0 4 � .f Arizona 9 CITIES /TOWNS Apache ]unction, City of Douglas, City of Holbrook, City of fsti. Avondale, City of n. �� Duncan, City of 4r H uach uca City, Town of Benson, City of Eagar, Town of Jerome, Town of Bisbee City f Y El Mir City of g Y Kear of Y� Buckeye, City of Eloy, Town of 1 0 , Kingman, City of Bullhead City, City of Flagstaff, City of Lake Havasu City Camp Verde, Town of Florence, Town of V 4r Litchfield Park, City of Carefree Town of Fountain Hills Town of Mammoth Town of Casa Grande, City of :e Fredonia, Town of Marana, Town of Cave Creek, Town of Gila Bend, Town of Maricopa, City of Chandler, City of Gilbert, Town of Mesa, City of en .e Chino Valley, Town of Glendale, City of Miami, Town of Clarkdale, Town of Globe, City of Mohave Valley Clifton Town of Goodyear, City of Nogales, City of Colorado City, Town of Grand Canyon Oro Valley, Town of Coolidge, City of Guadalupe, Town of Page, City of Cottonwood, City of Hayden, Town of Paradise Valley Marana Council Meeting 11/05/2014 Page 30 of 9 1�a e2o 4 � .f Arizona 9 CITIES /TOWNS Parker, Town of Thatcher, Town of Scottsdale, City of Patagonia, Town of Tolleson, City of Sedona, City of Payson, Town of Tombstone, City of Show Low, City of Peoria, City of Tucson, City of Sierra Vista, City of Phoenix, City of Wellton, Town of Snowflake, Town of Pima, Town of Wickenburg, Town of Somerton, City of Pi netop- Lakeside, Willcox, City of South Tucson, City of Town of Williams, City of Prescott Va I I ey, Town of Winkelman, Town of Spri ngervi I le, Town of Prescott, City of Thatcher, Town of St. Johns, City of Quartzsite,, Town of Tolleson, City of Star Valley Queen Creek, Town of Tombstone, City of Superior, Town of Safford, City of Tucson, City of Surprise, City of Sahuarita, Town of Wellton, Town of Taylor, Town of San Luis, City of Wickenburg, Town of Tempe, City of Marana Council Meeting 11/05/2014 Page 31 of Wage 3 of 4 Thatcher, Town of Tolleson, City of * 4r Tombstone, City of Tucson, City of Wellton, Town of Wickenburg, Town of Willcox, City of Williams, City of *Ar Winkelman, Town of Winslow, City of Wittman Town of Youngtown, Town of Yuma, City of V 4r Ir Marana Council Meeting 11/05/2014 Page 31 of Wage 3 of 4 Arizona 9 Apache Junction Fort Mohave Mesa Fire Fire District District Arizona City Fire Fry Fire District District Golden Valley Fire Avra Valley Fire District District Golder Rance Fire Bullhead City Fire District District Higley Unified School Christopher Kohl's Fire District #60 District �. Clarkdale Fire District Maricopa Integrated Crown King Fire Health System District Mohave Valley Fire Daisy Mountain District Fire District Mt. Lemon Fire Drexel Heights Fire District District Northern Arizona Conso- Eloy Fire District lidated Fire District #1 OTHER JURISDICTIONS Fort Mohave Mesa Fire Pinion Pine Fire District District Fry Fire District V 4r Golden Valley Fire District Rincon Valley Fire Golder Rance Fire District District San Manuel Fire Higley Unified School Department District #60 Sedona Fire District Linden Fire District Sun City Fire District Maricopa Integrated Sun City West Fire District Health System Mohave Valley Fire Sun Lakes Fire District District Mt. Lemon Fire Verde Valley Fire District *4 r Northern Arizona Conso- lidated Fire District #1 Northwest Fire District , Pinion Pine Fire District Queen Valley Fire District Rincon Valley Fire District San Manuel Fire Department *4r Sedona Fire District Sun City Fire District Sun City West Fire District Sun Lakes Fire District Verde Valley Fire District Marana Council Meeting 11/05/2014 Page 32 of Wage 4 of 4 - r C? RANA -P 11555 W. CIXgC CENTER DRI - E. KARANA. ARIZ ONA 8 5 6 5 3 To: Mayor and Council Submitted For: Keith Brann, Town Engineer From: Glenn Phillips, Civil Engineering Specialist Date: November 5, 2014 Strategic Plan Focus Area: Not Applicable Item C2 Strategic Plan Focus Area Additional Info: Relating to Development; approving a release of assurances for a portion of Del Webb at Dove Mountain subdivision and accepting certain public improvements for maintenance Subject: Resolution No. 2014 -110: Relating to Development; approving a release of assurances for a portion of Del Webb at Dove Mountain subdivision and accepting certain public improvements for maintenance (Keith Brann) Discussion: Del Webb at Dove Mountain is a 31.90 acre subdivision located south of Dove Mountain Boulevard and west of Los Saguaros Drive. The Town has a third party trust assurance agreement, recorded in the office of the Recorder of Pima County, Arizona, at Sequence 20131930190 (the "Assurance Agreement "), assuring the completion of public improvements for the subdivision. The subdivider has completed the public improvements to Town standards in accordance with the Assurance Agreement for a portion of the subdivision. The Mayor and Council of the Town of Marana are asked to release the assurances for Del Webb at Dove Mountain lots 1 -59 and 71 -108 and accept for maintenance, regulatory traffic control and street signs, the following approximately 0.94 miles of paved streets located within the Del Webb at Dove Mountain subdivision: • Del Webb Trail • Grandview Trail • Tuckup Trail • Lava Falls Trail • Bright Angel Trail Marana Council Meeting 11/05/2014 Page 33 of 96 • That portion of Cape Royal Trail located east of Del Webb Trail Financial Impact: N/A Staff Recommendation: Staff recommends approval of Resolution 2014 -110 to accept public improvements and release a portion of the assurances for Del Webb at Dove Mountain. Suggested Motion: I move to adopt Resolution No. 2014 -110. Attachments: Resolution No. 2014 -110 del webb I exhibit Marana Council Meeting 11/05/2014 Page 34 of 96 MARANA RESOLUTION NO. 2014-110 RELATING TO DEVELOPMENT; APPROVING A RELEASE OF ASSURANCES FOR A PORTION OF DEL WEBB AT DOVE MOUNTAIN SUBDIVISION AND ACCEPTING CERTAIN PUBLIC IMPROVEMENTS FOR MAINTENANCE WHEREAS Del Webb at Dove Mountain is a 31.90 acre subdivision located south of Dove Mountain Boulevard and west of Los Saguaros Drive, according to the plat recorded in the office of the Recorder of Pima County, Arizona, at Sequence 20131930189; and WHEREAS the Town has a third party trust assurance agreement, recorded in the office of the Recorder of Pima County, Arizona, at Sequence 20131930190 (the "Assurance Agreement "), assuring the completion of public improvements for the subdivision; and WHEREAS the subdivider has completed the public improvements to Town standards in accordance with the Assurance Agreement for a portion of the subdivision. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA as follows: Section 1. Del Webb at Dove Mountain lots 1 -59 and 71 -108 are hereby released from the Assurance Agreement. Section 2. The Town accepts for maintenance, including maintenance of regulatory traffic control and street signs, the following approximately 0.94 miles of paved streets located within the Del Webb at Dove Mountain subdivision, as shown on Exhibit A: • Del Webb Trail • Grandview Trail • Tuckup Trail • Lava Falls Trail • Bright Angel Trail • That portion of Cape Royal Trail located east of Del Webb Trail Resolution No. 2014 -110 - 1 - 10/14/2014 1:41 PM G" /FJC Marana Council Meeting 11/05/2014 Page 35 of 96 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 5th day of November, 2014. ATTEST: Jocelyn C. Bronson, Town Clerk Mayor Ed Honea APPROVED AS TO FORM: Frank Cassidy, Town Attorney Resolution No. 2014 -110 -2- 10/14/2014 1:41 PM G" /FJC Marana Council Meeting 11/05/2014 Page 36 of 96 CO cy) 4— O I M N 0) DOVL MOUNTAIN BOULEVARD ON CAPE ROYAL TRAIL 0 250 SCALE IN FEET DEL WEBB AT DOVE MOUNTAIN LOTS 1 -59 & 71 -108 PUBLIC STREETS(PHASE EXHIBITA 0 N O O7 O O �U O U c� c� L if - r C? RANA -P 115 5 5 W. CIVIC CENTER DRI - E. KARANA. ARIZ ONA 8 5 65 3 To: Mayor and Council From: Suzanne Machain, Human Resources Director Date: November S, 2014 Strategic Plan Focus Area: Not Applicable Item C3 Subject: Resolution No. 2014 -111: Relating to Administration; providing that unpaid interns of the Town shall be entitled to Workers' Compensation benefits (Suzanne Machain) Discussion: Pursuant to state statute, the Town has the authority to provide Workers' Compensation benefits to volunteer workers, as specified and defined by the Town. The Town currently provides Workers' Compensation benefits for "citizen volunteers" via Resolution No. 2001-136; however, the resolution does not specify similar benefits to unpaid interns. From time to time, the Town offers unpaid internships to students as part of an educational curriculum. Providing Workers' Compensation benefits to unpaid interns is deemed to be in the best interest of the Town in the event these individuals should become injured while working for or acting on behalf of the Town. Financial Impact: Fiscal Year: 2015 Budgeted Y /N: Y Amount: $ The financial impact will be approximately $3.50 per intern per month. Actual costs will depend on the number of unpaid interns and their length of service. Any costs can be absorbed in the FY2014 -2015 budget. Staff Recommendation: Staff recommends adoption of the attached Resolution No. 2014 -111 providing that unpaid interns of the Town shall be entitled to Workers' Compensation benefits. Marana Council Meeting 11/05/2014 Page 38 of 96 Suggested Motion: I move to adopt Resolution No. 2014 -111, providing that unpaid interns of the Town shall be entitled to Workers' Compensation benefits. Attachments: Resolution No. 2014 -111 Marana Council Meeting 11/05/2014 Page 39 of 96 MARANA RESOLUTION NO, 2014-111 RELATING TO ADMINISTRATION; PROVIDING THAT UNPAID INTERNS OF THE TOWN SHALL BE ENTITLED TO WORKERS' COMPENSATION BENEFITS WHEREAS pursuant to Arizona state law, the Town of Marana provides Workers' Compensation benefits for all employees of the town; and WHEREAS Marana Town Code Section 3- 1 -4(B) provides that volunteer personnel and personnel appointed to service without pay are not employees of the town; and WHEREAS A.R.S. §23- 901.06 provides that the town may provide Workers' Compensation benefits to volunteer workers of the town by defining the nature and type of volunteer work and workers to be entitled to such benefits; and WHEREAS on October 16, 2001, the Mayor and Council adopted Resolution No. 2001 -136, providing that the town shall provide Workers' Compensation benefits to citizen volunteers of the town; and WHEREAS pursuant to Marana Town Code Section 3- 1 -4(B) unpaid interns of the town are not employees of the town; and WHEREAS the Mayor and Council of the Town of Marana find it is in the best interests of its citizens to provide Workers' Compensation benefits to unpaid interns of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. The Town of Marana hereby provides that unpaid interns of the Town shall be entitled to Workers' Compensation benefits pursuant to the terms and conditions specified in Marana Resolution No. 2001 -136. SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to implement and carry out the terms, obligations, and objectives of this resolution. Marana Resolution No. 2014 -111 Marana Council Meeting 11/05/2014 Page 40 of 96 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 5 th day of November, 2014. ATTEST: Jocelyn C. Bronson, Town Clerk Marana Resolution No. 2014 -111 Mayor Ed Honea APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Council Meeting 11/05/2014 Page 41 of 96 - r C? RANA -P 11555 W. CIVIC CENTER DRIVE. NIARANA. ARIZ ONA 8 5 6 5 3 To: Mayor and Council From: Frank Cassidy, Town Attorney Date: November 5, 2014 Strategic Plan Focus Area: Not Applicable Item C4 Subject: Resolution No. 2014 -112: Relating to Utilities; approving and authorizing the Mayor to execute the corrected Sunset Ranch Water Service Transfer Agreement with the City of Tucson (Frank Cassidy) Discussion: The Council adopted Resolution 2014 -108 on October 21, 2014, approving the Sunset Ranch Water Service Transfer Agreement. The service area description in Recital B to the version of the Sunset Ranch Water Service Transfer Agreement approved on October 21 contained errors. The backup materials include a map of the actual Sunset Ranch Water Service Area, which is depicted in blue. Two parcels immediately adjacent to Sunset Ranch Estates -- one immediately west and one immediately south -- are served by Tucson Water as part of the Sunset Ranch Water Service Area. Both of these parcels are located in unincorporated Pima County.The description of the service area in the version of the agreement presented to Council on October 21 incorrectly included three parcels outside of Sunset Ranch Estates but within the Town limits that are actually served by a private well. Exhibit A was also missing from the version presented to Council on October 21. The water system description now found in Exhibit A is consistent with the "Distribution Assets" slide of the PowerPoint presentation provided at the October 21 meeting. They are actually 28 customers, but 29 active accounts. One customer has two meters. Town staff apologizes for the errors. Financial Impact: Fiscal Year: 2015 Budgeted Y /N: Y Marana Council Meeting 11/05/2014 Page 42 of 96 Amount: $50,851 It is anticipated that monies will be made available from the existing water capital fund to provide the amount requested for this acquisition. Staff Recommendation: Staff recommends adoption of Resolution 2014 -112, approving the corrected Sunset Ranch Water Service Transfer Agreement. Suggested Motion: I move to adopt Resolution 2014 -112, approving the corrected Sunset Ranch Water Service Transfer Agreement. Attachments: Resolution No. 2014 -112 Exh A to reso corrected Sunset Ranch agreement Sunset Ranch water service area map Marana Council Meeting 11/05/2014 Page 43 of 96 MARANA RESOLUTION NO. 2014-112 RELATING TO UTILITIES; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE CORRECTED SUNSET RANCH WATER SERVICE TRANSFER AGREEMENT WITH THE CITY OF TUCSON WHEREAS the City of Tucson currently provides water service in an area referred to as the "Sunset Ranch Water Service Area" in the Agreement addressed by this resolution, which includes that portion of the Northeast Quarter of the Southeast Quarter of Section 29, Township 12 South, Range 12 East, Gila and Salt River Base and Meridian depicted on the subdivision plat of Sunset Ranch Estates Lots 1 -30 recorded in the office of the Pima County Recorder at Book 47 of Maps and Plats, Page 18, and two adjacent parcels served by Tucson, Pima County Assessor's Parcel No. 221- 22 -016J (8141 West Pima Farms Road) and Pima County Assessor's Parcel No. 221- 22 -022M (7831 West Pima Farms Road); and WHEREAS the Town of Marana provides water service to the areas located east and south of the Sunset Ranch Water Service Area; and WHEREAS the Town of Marana provides, via system interconnect, the water used by the City of Tucson to serve the Sunset Ranch Water Service Area; and WHEREAS the Town of Marana desires to purchase and the City of Tucson desires to sell the Sunset Ranch Water Service Area; and WHEREAS the Mayor and Council of the Town of Marana adopted Resolution No. 2014 -108 on October 21, 2014, approving the Sunset Ranch Water Service Transfer Agreement; and WHEREAS the service area description in Recital B to the version of the Sunset Ranch Water Service Transfer Agreement approved on October 21 contained errors, and Exhibit A was missing, making it necessary to bring a corrected version to Council for approval; and WHEREAS the Mayor and Council of the Town of Marana find that the best interests of Marana and its citizens are served by entering into this corrected agreement and acquiring the Sunset Ranch Water Service Area. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the corrected "Sunset Ranch Water Service Transfer Agreement between the City of Tucson and the Town of Marana" attached to this resolution as Exhibit A is hereby approved, and the Mayor is authorized to execute it for and on behalf of the Town of Marana. {00040011.DOCX /} Resolution No. 2014 -112 - 1 - 10/23/2014 8:37 AM FJC Marana Council Meeting 11/05/2014 Page 44 of 96 IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, conditions and objectives of the corrected agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 5th day of November, 2014. ATTEST: Jocelyn C. Bronson, Town Clerk Mayor Ed Honea APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00040011.DOCX /} Resolution No. 2014 -112 -2- 10/23/2014 8:37 AM FJC Marana Council Meeting 11/05/2014 Page 45 of 96 SUNSET RANCH WATER SERVICE TRANSFER AGREEMENT BETWEEN THE CITY OF TUCSON AND THE TOWN OF MARANA THIS AGREEMENT is made and entered into by and between the CITY OF TUCSON, an Arizona municipal corporation ( "TUCSON ") and the TOWN OF MARANA, an Arizona municipal corporation ( "MARANA "). TUCSON and MARANA are sometimes collectively referred to as the "Parties," either of which is sometimes individually referred to as a "Party." RECITALS A. TUCSON and MARANA are municipal water service providers, each of which provides water service in designated service areas in and near the jurisdictional boundaries of the Town of Marana. B. TUCSON currently provides water service in an area known as and referred to in this Agreement as the "Sunset Ranch Water Service Area" with water provided by MARANA pursuant to an intergovernmental agreement with TUCSON. For purposes of this Agreement, the Sunset Ranch Water Service Area includes that portion of the Northeast Quarter of the Southeast Quarter of Section 29, Township 12 South, Range 12 East, Gila and Salt River Base and Meridian depicted on the subdivision plat of Sunset Ranch Estates Lots 1 -30 recorded in the office of the Pima County Recorder at Book 47 of Maps and Plats, Page 18, and two adjacent parcels served by TuCSON, Pima County Assessor's Parcel No. 221- 22 -016J (8141 West Pima Farms Road) and Pima County Assessor's Parcel No. 221- 22 -022M (7831 West Pima Farms Road) . C. MARANA desires to purchase and TUCSON desires to sell the Sunset Ranch Water Service Area based on the terms set forth in this Agreement. AGREEMENT Now, THEREFORE, in consideration of the foregoing premises and the mutual covenants set forth in this Agreement, the Parties hereby agree as follows: 1. Transfer of Sunset Ranch Water Service Area. (A) TucsoN shall transfer to MARANA all of the following: (1) The right to provide water service to the Sunset Ranch Water Service Area and all land and customers located there. (ii) All existing lines, valves, and other water - related facilities, a general description of which is set forth on Exhibit A attached to and incorporated in this Agreement by this reference. (iii) Groundwater service area rights. 100028174.DOCX / 21 10/23/2014 8:17 AM CITY OF TUCSON /TOWN OF MARANA SUNSET RANCH WATER SERVICE TRANSFER AGREEMENT -1- Marana Council Meeting 11/05/2014 Page 46 of 96 (iv) Any and all other necessary appurtenances and rights, corporeal and incorporeal, currently owned or held by TUCSON and used for the provision of water service within or relating to the Sunset Ranch Water Service Area. (v) Tucson's obligations to provide water service within the Sunset Ranch Estates area as established in Section I of that Agreement for Construction of Facilities Under Private Contract between the City of Tucson and Scenic Farms Development Partnership, dated April 26, 1996. (B) Transfer of the Sunset Ranch Water Service Area shall occur automatically effective January 1, 2015, without further action by TUCSON upon MARANA's payment of the amount specified in paragraph 2 below. However, TUCSON shall execute any further documents reasonably requested by MARANA to evidence the transfer, including without limitation one or more bills of sale, deeds and easements. TUCSON shall provide the documents at the time MARANA tenders payment pursuant to Paragraph 2 below, or, if MARANA requests documentation after payment, within ten business days of receiving a written request from MARANA. 2. Payment by MARANA. In consideration of the transfer of the Sunset Ranch Water Service Area as specified in paragraph 1 above, MARANA shall pay TUCSON the sum of $50,851.00 to be paid by check within thirty days after the effective date of this Agreement. 3. The Parties' mutual representation about the purchase price. The Parties mutually represent that the purchase price of $50,851.00 was arrived at by negotiation only, based on the unique facts and circumstances that apply to the Sunset Ranch Water Service Area. The purchase price shall not be treated by either Party as reflective of the price TUCSON would accept or MARANA would pay on a per- account basis for water accounts that do not share the unique facts and circumstances that apply to the Sunset Ranch Water Service Area. These unique facts and circumstances include, but are not limited to, the prior history and agreements relating to the Sunset Ranch Water Service Area. 4. The Parties' coordination with customers. To the extent possible within the constraints of any applicable law, the Parties will coordinate with respect to: (A) the mutual notification of affected customers regarding the transfer of the Sunset Ranch Water Service Area; and (B) avoiding customer disruptions; and (C) transferring customer billing information. 5. TUCSON s representations and warranties. In addition to other representations reflected in the express terms of this Agreement, TUCSON represents and warrants to MARANA and upon transfer of the Sunset Ranch Water Service Area shall be deemed to warrant and represent as follows: (A) Tucson will not to compete or interfere with Marana's provision of water service to the Sunset Ranch Water Service Area. (B) Tucson is a municipal corporation duly organized, validly existing and in good standing under the laws of the State of Arizona and has the full power and authority to execute and deliver this Agreement, and to perform and carry out all covenants and obligations to be performed and carried out by Tucson under this Agreement. 100028174.DOCX / 21 10/23/2014 8:17 AM CITY OF TUCSON /TOWN OF MARANA SUNSET RANCH WATER SERVICE TRANSFER AGREEMENT -2- Marana Council Meeting 11/05/2014 Page 47 of 96 (C) This Agreement and any deeds, assignments, certificates or other instruments or documents executed or delivered by Tucson in connection with the transactions contemplated in this Agreement constitute legal, valid and binding obligations of Tucson, enforceable against Tucson in accordance with their respective terms. (D) To Tucson's actual knowledge upon good faith investigation, the execution, delivery and performance of this Agreement by Tucson and the consummation of the transactions contemplated in this Agreement will not: (1) result in a breach or acceleration of or constitute a default or event of termination under the provisions of any agreement or instrument to which TUCSON is a party or bound; (ii) result in the creation or imposition of any lien, charge or encumbrance on or against the Sunset Ranch Water Service Area any portion of it; or (iii) constitute or result in the violation or breach by TUCSON of any judgment, order, writ, injunction or decree issued against or imposed upon TUCSON. (E) To TUCSON's actual knowledge upon good faith investigation, as of the date this Agreement is executed there is no pending litigation affecting the Sunset Ranch Water Service Area, TUCSON's right to provide water service to the Sunset Ranch Water Service Area, or any of the water related facilities being transferred to MARANA under this Agreement. If TUCSON becomes aware of any litigation affecting the Sunset Ranch Water Service Area, TUCSON's right to provide water service to the Sunset Ranch Water Service Area, or any of the water related facilities being transferred to MARANA under this Agreement at any time prior to the payment required by Paragraph 2 above, TUCSON shall give prompt written notice thereof to MARANA before accepting monies tendered by MARANA pursuant to this Agreement. (F) TUCSON has not received notice, formal or informal, from any governmental agency of any violation by TUCSON of any laws, ordinances, rules or regulations with respect to the provision of water service to the Sunset Ranch Water Service Area and to TUCSON S actual knowledge upon good faith investigation no such violations exist. If TUCSON becomes aware of any such violation prior to the payment required by Paragraph 2 above, TUCSON shall give prompt written notice thereof to MARANA before accepting monies tendered by MARANA pursuant to this Agreement. 6. MARANA's representations and warranties. In addition to other representations reflected in the express terms of this Agreement, MARANA represents and warrants to TUCSON and upon transfer of the Sunset Ranch Water Service Area shall be deemed to warrant and represent as follows: (A) MARANA is a municipal corporation duly organized, validly existing, and in good standing under the laws of the State of Arizona, and has the full power and authority to execute and deliver this Agreement, and to perform and carry out all covenants and obligations to be performed and carried out by MARANA under this Agreement. (B) This Agreement constitutes a legal, valid and binding obligation of MAGNA, enforceable against MARANA in accordance with its terms. 100028174.DOCX / 21 10/23/2014 8:17 AM CITY OF TUCSON /TOWN OF MARANA SUNSET RANCH WATER SERVICE TRANSFER AGREEMENT -3- Marana Council Meeting 11/05/2014 Page 48 of 96 (C) To MARANA's actual knowledge upon good faith investigation, the execution, delivery and performance of this Agreement by MARANA and the consummation of the transactions contemplated in this Agreement will not (1) result in a breach or acceleration of or constitute a default or event of termination under the provisions of any agreement or instrument to which MARANA is a party or bound; or (ii) constitute or result in the violation or breach by MARANA Of any judgment, order, writ, injunction or decree issued against or imposed upon MARANA. 7. Intergovernmental agreement. To the extent this Agreement constitutes a contract for services or a joint exercise of powers common to MAGNA and TucsoN, it shall be considered an intergovernmental agreement executed under the authority of A.R.S. § 11 -952. 8. Notices. All notices, requests and other communications under this Agreement shall be given in writing and either (1) personally served on the party to whom it is given, or (1'i*) mailed by registered or certified mail, postage prepaid, return receipt requested, or (iii) sent by private overnight courier such as Federal Express or Airborne, or (iv) transmitted by facsimile (provided that a confirming copy of the facsimile transmission is mailed on the date of such transmission), addressed as follows: If to TUCSON: CITY OF TUCSON 255 West Alameda Street, 10 Floor P.O. Box 27210 Tucson, Arizona 85726 -7210 (520) 791 -4204 Fax (520) 791 -5198 If to MARANA: TOWN OF MARANA 11555 W. Civic Center Dr. Marana, Arizona 85653 (520) 382 -1999 Fax (520) 382 -1945 All notices shall be deemed given when delivered or transmitted by facsimile or, if mailed as provided above, on the second day after the day of mailing, and if sent by overnight courier, on the next day after the date of deposit with the courier. Either Party may change its address for the receipt of notices at any time by giving written notice thereof to the other Party in accordance with the terms of this section. The inability to deliver notice because of a changed address of which no notice was given, or rejection or other refusal to accept any notice, shall be deemed to be the effective receipt of the notice as of the date of such inability to deliver or rejection or refusal to accept. 9. Miscellaneous. (A) This Agreement may not be modified except in a writing signed by the Parties. (B) Time is of the essence of this Agreement. 100028174.DOCX / 21 10/23/2014 8:17 AM CITY OF TUCSON /TOWN OF MARANA SUNSET RANCH WATER SERVICE TRANSFER AGREEMENT -4- Marana Council Meeting 11/05/2014 Page 49 of 96 (C) This Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona, and any lawsuit to enforce any provision of this Agreement or to obtain any remedy with respect to this Agreement shall be brought in the Pima County Superior Court, and for this purpose the Parties expressly and irrevocably consent to the jurisdiction of the Pima County Superior Court. (D) If either of the Parties fails to perform any of its obligations under this Agreement or if a dispute arises concerning the meaning or interpretation of any provision of this Agreement, the defaulting party or the party not prevailing in the dispute, as the case may be, shall pay any and all costs and expenses incurred by the other party in enforcing or establishing its rights under this Agreement, including, without limitation, court costs and reasonable attorneys' fees. (E) This Agreement may be executed in multiple counterparts, each of which shall, for all purposes, be deemed an original and all of which, taken together, shall constitute one and the same agreement. (F) This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors in interest and assigns; provided, however, that no assignment of this Agreement shall in any way relieve the assignor of its obligations under this Agreement. (G) This Agreement is subject to A.R.S. § 38 -511, which provides for cancellation of contracts in certain instances involving conflicts of interest. (H) Upon execution by the Parties, this Agreement shall be filed with the office of the Pima County Recorder. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date set forth below their respective representatives' signatures, which shall be the effective date of this Agreement. CITY OF TUCSON TOWN OF MARANA Mayor Jonathan Rothschild Date: ATTEST: City Clerk Mayor Ed Honea Date: ATTEST: Jocelyn C. Bronson, Town Clerk 100028174.DOCX / 21 10/23/2014 8:17 AM CITY OF TUCSON /TOWN OF MARANA SUNSET RANCH WATER SERVICE TRANSFER AGREEMENT -5- Marana Council Meeting 11/05/2014 Page 50 of 96 ATTORNEY CERTIFICATION The foregoing intergovernmental agreement between the Town of Marana and the City of Tucson, has been reviewed on the date set forth below pursuant to A.R.S. § 11 -952 by the undersigned attorneys, each of whom has determined that it is in proper form and within the powers and authority granted under the laws of the State of Arizona to the Party represented by the respective undersigned attorney. Mike Rankin, City Attorney City of Tucson Date: Frank Cassidy, Town Attorney Town of Marana Date: 100028174.DOCX / 21 10/23/2014 8:17 AM CITY OF TUCSON /TOWN OF MARANA SUNSET RANCH WATER SERVICE TRANSFER AGREEMENT -6- Marana Council Meeting 11/05/2014 Page 51 of 96 EXHIBIT A GENERAL DESCRIPTION OF EXISTING LINES, VALVES, AND OTHER WATER - RELATED FACILITIES TRANSFERRED BY THE SUNSET RANCH WATER SERVICE TRANSFER AGREEMENT 1. The water service area described in Recital B of the Sunset Ranch Water Service Transfer Agreement; specifically, a. Sunset Ranch Estates Lots 1 -30 recorded in the office of the Pima County Recorder at Book 47 of Maps and Plats, Page 18 b. Two adjacent parcels served by Tucson: Pima County Assessor's Parcel No. 221- 22 -016J (8141 West Pima Farms Road) and Pima County Assessor's Parcel No. 221- 22 -022M (7831 West Pima Farms Road) 2. The 28 existing single family residential customers located within the service area described above 3. The following located within the service area described above: a. Approximately 3,500 feet of 6 -inch distribution pipe b. Approximately 770 feet of 12 -inch distribution pipe c. Fifteen 6 -inch valves d. Two 12 -inch valves e. Six fire hydrants f. One water quality sampling station 4. Tucson Water infrastructure designed to provide future service to lands adjacent to the service area described above {00028174.DOCX / 21 10/23/2014 8:17 AM EXHIBIT A TO CITY OF TUCSON /TOWN OF MARANA SUNSET RANCH WATER SERVICE TRANSFER AGREEMENT Marana Council Meeting 11/05/2014 Page 52 of 96 2 parcels fed off Sunset Ranch subsystem - r C? RANA -P 11555 W. CIXgC CENTER DRI VE. NIARANA. ARIZ ONA 8 5 6 5 3 Item C5 To: Mayor and Council Submitted For: Jocelyn C. Bronson, Town Clerk From: Suzanne Sutherland, Assistant to the Town Clerk Date: November 5, 2014 Subject: Approval of Marana Regular Council Minutes for October 7, 2014 and October 21 2014 (Jocelyn C. Bronson) Attachments: Minutes October 7, 2014 Minutes October 21, 2014 Marana Council Meeting 11/05/2014 Page 54 of 96 � n �� 1 7 � MARANA � REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, October 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 7:03 p.m. Records Administrator Hilary Hiser called roll. Vice Mayor Post was excused, all other Council Members were present, constituting a quorum. PLEDGE OF ALLEGIANCE /INVOCATION /MOMENT OF SILENCE. Led by Mayor Honea. APPROVAL OF AGENDA. Council Member McGorray moved to approve the agenda, seconded by Council Member Bowen. Passed unanimously 6 -0. CALL TO THE PUBLIC. No speaker cards were presented. PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS. Council Member McGorray reported on the death of a bicyclist on Dove Mountain who had no identification on him. While she was later able to identify him, she cautioned the public to be sure to carry some identification on them at all times in case of an emergency. She also noted October 7 2014 Meeting Minutes 1 Marana Council Meeting 11/05/2014 Page 55 of 96 that the Marana police did a wonderful job at the incident. Mayor Honea reported on his attendance at the Governor's Conference with Council Member Comerford. The economy is starting to pick up in the state. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS. Mr. Davidson reported that the Council Executive Report for September is on the dais. PRESENTATIONS P 1: Relating to Special Events; update and preview of the Marana Harvest Festival signature event that will be held on October 25, 2014. Presented by Vickie Hathaway, who invited all in attendance to the newest of the town's signature events— the Marana Harvest Festival. She noted a lot of great community involvement in planning this event including many town departments. This event is held in conjunction with the Gladden Farms community event, which will be on one side of the Heritage River Park, and the Marana event on the other side. Ms. Hathaway also recognized Marsha Regrutto and Teri Murphy, community resources for sponsorships and fundraising, the Heritage Conservancy and Northwest Fire District. She then provided an aerial view of the events and discussed the amenities and features and the hours of operation. Tickets are on sale for the steak cookout sponsored by the UA, and there will be a boondocking component. A windmill dedication will start the festivities at 3 PM. She discussed the transportation between the two events, including horse -drawn carriages and people movers. Freedom RV is the signature sponsor, but other levels of sponsorship are available. So far about $7,100 has been committed from sponsors. Ms. Hathaway then explained all the marketing and media outreach being done. Council commended Ms. Hathaway on her work. CONSENT AGENDA Motion to approve by Council Member Ziegler, second by Council Member McGorray. Passed unanimously 6 -0. Cl: Resolution No. 2014- 089:.. to Public Works; authorizing the acquisition b Relating g q Y negotiation or condemnation of lands and property rights needed for the Tangerine Corridor /Tangerine Road, Twin Peaks to La Canada Drive, Town of Marana Project No. 2005- 061 (RTA ST021) (Frank Cassidy) C2: Resolution No. 2014 -090: Relating to Public Works; approving and authorizing the execution of an amendment to an intergovernmental agreement between the Arizona Department of Transportation and the Town of Marana relating to the I -10 /Twin Peaks Traffic Interchange (Keith Brann) C3: Resolution No. 2014 -091: Relating to Public Works; approving and authorizing the Mayor to execute the first amendment to intergovernmental agreement between the City of Tucson and the October 7 Meeting Minutes 2 Marana Council Meeting 11/05/2014 Page 56 of 96 Town of Marana for cooperative design and construction of water and roadway improvements (Thornydale Road, Camino del Norte to Moore Road) (Frank Cassidy) C4: Resolution No. 2014 -092: Relating to Real Estate; vacating a portion of the public right -of- way of Dalton Place (Camino de Mariana) through the Tucson Electric Power Company property lying northeast of the westbound Interstate 10 frontage road (Frank Cassidy) CS Resolution No. 2014 -093: Relating to Real Estate; vacating a portion of the public right -of- way of old Camino de Mariana through the VP Marana 160, LLC, property lying south of the intersection of Twin Peaks Road and Blue Bonnet Road (Frank Cassidy) C6: Resolution No. 2014 -094: Relating to Community Development; approving and authorizing the Mayor to execute an intergovernmental agreement between Pima County and the Town of Marana for the management and implementation of the 2014 -2015 Community Development Block Grant Program (Lisa Shafer) C7: Resolution No. 2014 -095: Relating to Community Development; approving and authorizing the Mayor to execute aGrant -in -Ai Fiscal. Agent Agreement between the Tohono O'odham Nation and the Town of Marana on behalf of tie Marana Schools' 2340 Foundation for purposes of funding Summer School and Higher Education Scholarships (Lisa Shafer) C8: Resolution No. 2014 -096: Relating to the Police Department; approving and authorizing the Chief of Police to execute an intergovernmental agreement between the State of Arizona Department of Public Safety and the Town of Marana regarding the administration, funding and operation of the Arizona Vehicle Theft Task Force (Lisa Shafer) C9: Resolution No. 2014 -097: Relating to Special Events; approving and authorizing the Mayor to execute an agreement between the Town of Marana and the Gladden Farms Community Association regarding the presentation of the 2014 Harvest Festival (Jane Fairall) CIO: Approval of September 9, 2014 Study Session Meeting Minutes, September 16, 2014 Regular Council Meeting Minutes, and September 23, 2014 Council Subcommittee Meeting Minutes (Jocelyn C. Bronson) LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES BI: Resolution No. 2014 -098: Relating to Boards, Commissions and Committees; making an appointment to the Planning Commission. October 7 Meeting Minutes 3 Marana Council Meeting 11/05/2014 Page 57 of 96 Mr. Cassidy presented this item, noting that the Council subcommittee reviewing Planning Commission and Board of Adjustment appointments met a couple of times to review the statements of interest from the public who wanted to be on the commission. Based on a review of the applications, they conducted interviews, and the subcommittee is recommending John Officer to the Planning Commission with a term expiring June 30, 2015. This appointment is to complete the term for a member who had resigned. The Town Code does allow the Council to accept the recommendation or go forward with some other option. Motion to appoint John Officer to the Marana Planning Commission, with a term expiring June 30, 2015 by Council Member Ziegler, second by Council Member McGorray. Passed unanimously 6 -0. COUNCIL ACTION Al: PUBLIC HEARING: Ordinance No. 2014.023: Relating to Development; amending Marana Land Development Code Section 08.08 (Medical Marijuana Uses) to extend the operating hours of medical marijuana dispensaries and to permit medical marijuana dispensaries to deliver medical marijuana to qualifying patients; and establishing an effective date. Mayor Honea opened the public hearing. Presented by Laine Sklar, who noted that the two medical marijuana dispensaries, the Apothecary and Nature Med, have filed an application to amend the Land Development Code to allow dispensaries to be open from 7:00 AM to 9:00 PM. The current hours are 9:00 AM to 5:00 PM. They are also recommending that the Code to amended to specifically permit a delivery service which is not prohibited by the code and is allowed under state law. The Planning Commission held a public hearing on August 27, 2014 and unanimously recommended approval of the ordinance with a couple of changes. Those being that the dispensaries be open from 7:00 AM to 7:00 PM, and that the delivery service be stricken. It is staff's recommendation that the Planning Commission recommendation be followed. Police Chief Rozema concurred. Ms. Sklar also noted that representatives from Nature Med and The Apothecary were present and wished to address the Council. Jacob Schmidt spoke and deferred his presentation in the interest of saving time, but noted that he would accept the recommendation for 7:00 PM. High wattage halogen lights have been installed in the parking lot and bids are out for a street lamp to address the police chief s safety concerns. Council Member Kai asked for clarification on Sunday hours. Mr. Schmidt said current hours are 10:00 AM to 5:00 PM seven days a week, and the extension would include Saturday and Sunday. Bryan Hill, executive director of The Apothecary spoke reiterating the request for extending the hours of business. He noted that in the year of operation there have been no incidents of theft or vandalism which he believes may be partly due to cameras operating constantly, but also because of the commitment to be responsible members of the business community. He also discussed the reasoning behind the request for amending the business hours, which included that by increasing October 7 Meeting Minutes 4 Marana Council Meeting 11/05/2014 Page 58 of 96 the Marana tax base and hiring additional employees, it benefits Marana. There being no further speakers, Mayor Honea closed the public hearing. Ms. Sklar again presented staff s recommendation and further noted that the request for the delivery service is not necessary as it is authorized under state law. Council Member McGorray moved to approve Ordinance 2014.023 as presented by staff, seconded by Council Member Bowen. Passed unanimously 6 -0. A2: PUBLIC HEARING: Ordinance 2014.024 Relating to Development; approving a rezoning of approximately 138 acres of land located at the west terminus of Pima Farms Road, west of the Scenic Drive alignment, from `RR' Resort and Recreation to `F' Specific Plan for the purpose of establishing the Lazy K Bar Ranch Specific Plan; approving a minor amendment to the General Plan; and approving and authorizing the mayor to execute the Lazy K Bar Ranch Development Agreement. Mayor Honea opened the public hearing. Presented by Brian Varney. He noted that town staff evaluated the proposed specific plan and found that the request constitute a minor amendment to the General Plan. Proposed are 178 residential lots roadway infrastructure drainage and unlit r y y infrastructure as well as approximately 23$ -- aeres for recreation, not including an anticipated public trail easement near the north boundary. Approximately 62 acres of the site will be developed for residential lots and related infrastructure and 76 acres will be maintained as open space. It is anticipated that about 25 percent of the area will remain as natural undisturbed open space and the remaining portion will function as general open space and recreation area. The proposed lot sizes are 7,200 square feet near the frontage on Scenic Drive to 9,100 square feet near the center of the project to 11,200 square feet in the upper elevations. The builder is anticipating three distinct product types with both one and two story models. The primary and secondary access into the development will be via Scenic Drive. The primary access aligns with Pima Farms Road and will provide both ingress and egress. The secondary access is approximately 100 feet south of the north boundary for egress only. A gated development is proposed ensuring private streets will be maintained by a homeowners' association. The town's traffic engineering division has accepted both the specific plan and the traffic impact analysis. The applicants submitted a design exception request to reduce the required width of the interior streets. The town engineer has accepted a proposed reduction to 12 -foot travel lanes with a two -foot roll curb on both sides of the street. Parking will only be allowed on one side of the street and has been approved by Northwest Fire District. A four -foot natural path will be constructed along the main drive. A narrower street section reduces maintenance costs, land October 7 Meeting Minutes 5 Marana Council Meeting 11/05/2014 Page 59 of 96 disturbance acts as traffic calming. Town staff has determined that re- opening Scenic Drive to critical to ensure effective and efficient neighborhood traffic circulation. The owner /developer will dedicate to the town the previously abandoned right -of -way for Scenic Drive along the project's frontage and will fully improve /construct Scenic Drive in accordance with the development agreement. The specific plan area will be served by Marana Water, and it is anticipated that a booster station will be constructed to supply water to the higher elevations within the project. The owner /developer will be responsible for constructing all on -site and off - site water infrastructure needed to serve potable water and fire protection. Sewer will be provided by Pima County, and Tucson Electric Power and Southwest Gas serve the area. Mr. Varney noted that the applicants conducted neighborhood meetings on June 2, 2014 and August 19, 2014 with attendance by community residents of 60 and 35 respectively. The predominant concerns expressed included project density, increased traffic on surrounding streets, re- opening Scenic Drive, the potential for cut - through traffic on Moonfire Drive, environmental impact, impact to local private wells and impact to views upon surrounding properties. The town received a number of letters in support and in opposition to the proposed rezoning and support for re- opening Scenic Drive. With regard to the development agreement, it requires the owner to construct an extension of Scenic Drive on and off -site of the owner's land from approximately 400 feet south of Silverbell Road to the intersection of Pima Farms Road. The owner has agreed to dedicate the necessary additional right -of -way to construct the extension of Scenic Drive and related infrastructure improvements. He then summarized the proposed provisions. Staff is recommending approval of a rezoning creating the Lazy K Bar Ranch Specific Plan, approving a minor amendment to the General Plan, and approving and authorizing the Mayor to execute the Lazy K Bar Ranch Development Agreement subject to conditions. He then showed the conceptual site plan to Council. Michael Racy addressed Council and noted that Brian Underwood from the Planning Center would be assisting him. He gave Council a book of artifacts that have been preserved at the Lazy K Bar Ranch which he will be referring to during his presentation. The Lazy K Bar Ranch has been in operation as a guest ranch from 1932 to 2006. The current owners, Mr. Shiner and Mr. Evans, have owned the ranch since 1998, and have been attempting to market it from 2006 to 2012 as a small guest ranch with no success. Mr. Racy then gave a historical overview of the interest by various builders and densities beginning in late 2012. Earlier this year, Mattamy Homes became involved, and they adopted the goals and mission of the owners — to preserve the name of the Lazy K Bar Ranch, the stone house, the grounds and possibly even the meeting room. He also reiterated all of the items Mattamy Homes and town staff came to agreement on, including the re- opening of Scenic Drive. He noted that there were a number of neighborhood October 7 Meeting Minutes 6 Marana Council Meeting 11/05/2014 Page 60 of 96 meetings and that the people in unincorporated Pima County along Scenic Drive wanted the road to stay closed, and the residents in Ironwood wanted the road to re -open. Mr. Lopez was retained by the county residents to represent them, and Mr. Racy indicated that there were hours of discussions between the applicants' representatives and Mr. Lopez. Mr. Racy also indicated that in meetings with Mr. Lopez, Mr. Lopez said that this was a good project, and if the applicants would support keeping Scenic Drive closed, he and his group would support the project as designed now. Mr. Racy indicated that town staff, town management, the Council and 300 residents in Ironwood Reserve would like Scenic Drive open, so the applicant has to work with the town to open Scenic Drive. At that point, discussions began on how to design Scenic Drive so that it did not become a racetrack. Additional meetings were held to narrow the road and the path to the east side and to install traffic calming measures. At the end of a month of working together, a small group of neighbors decided that they wanted to oppose the plan outright and other issues were brought to light. The Planning Commission gave the project unanimous approval and spoke unanimously in support of the project, and the process. At that point Mr. Racy's group were contacted by the eight neighbors immediately to the north. At this time there is support from all eight lots to the north, and any protests have been withdrawn. There is also support of the new owners of the Stardance Center. Additional fencing will be installed and no trespassing signs will be placed around Sanctuary Cove and trails removed that would allow trespass onto Sanctuary Cove. There is no opposition from Sanctuary Cove or White Stallion, and the main concerns of Ironwood Reserve have been addressed. There are still folks in the unincorporated Pima County area that are vocally and actively in opposition. He also discussed issues related to the proximity to Saguaro Park West, the development agreement and the construction of Scenic Drive. At the conclusion of his presentation he also noted that the items in the book of artifacts which he passed to Council earlier would be preserved in a gallery created in the house. Under a separate agreement, those items could also be used or shared in the Heritage Park or the Heritage Center at town hall.: Mayor Honea no ed there were 15 speaker cards. Joyce Obiol, a resident on Scenic Drive, spoke in opposition, specifically regarding density and two -story homes. Peter Chesson, a resident on Camino de Oeste, spoke as a representative of the Tucson Mountains Association who want the environment and wildlife corridors preserved and respected. David Lutz, W. Busterville, spoke regarding increased taxes and water consumption as a result of growth in Marana. Ken Scoville, no street address given, read into the record one of his recent editorials regarding constitutional government and general opposition to the project. Scott Stonum, Saguaro National Park, opposed rezoning of the Lazy K Bar Ranch. John Emery, N. Ironwood Reserve Way, initially opposed the project due to the increased traffic until discussion occurred about opening Scenic Drive. Margaret King, W. Rising Ridge Road, across from Rattlesnake Ridge. Her concerns are the number of homes and increased traffic due to the density. Charles October 7 Meeting Minutes 7 Marana Council Meeting 11/05/2014 Page 61 of 96 Kelly, N. Ironwood Reserve addressed a number of issues. He believes that Moonfire and the opening of Scenic Drive are two separate issues, and that the opening of Scenic Drive won't change driving habits. The Lazy K Bar Ranch has been a major habitat for many years. Even when the ranch was in operation, there was very little traffic. This property needs to be preserved as a historic property. David Robertson, S. Hunters Run, spoke in opposition to the project due to the density to maximize profit. This is an improper land use. Roy Johnson, S. Hunters Run, a retired park service employee, spoke in opposition. As a biologist, he has never seen a project like this close to a national park. Gregg Mitchell, N. Scenic Drive, spoke in opposition to the rezone and emphasized his concern about the Council upholding democracy by voting for the people in the Marana community. George Andrews, N. Crosswater Loop, addressed the ongoing problem of Moonfire. His solution is simple; put in an island that prohibits left turns. Kids are there at all times of the day. Barbara Rose, N. Scenic Drive, a resident for 30 years, spoke in opposition of the project and gave some of her reasons. It is too much development, too close to the park and leaves too little of the wildlife corridor. Pat Lopez, N. Swan Road, representing several residents, spoke in opposition on their behalf. He proposed a compromise — that Council approve the proposed re- zoning with eight stipulations which he wrote and handed to Council, and made a part of the record. Carolyn Campbell, representing the Coalition for Sonoran Desert Protection, spoke regarding the significance of the parcel of land being proposed for development. From a regional perspective, this has been identified for decades as a regionally - significant wildlife linkage. There have only been six identified in various processes in the entire county. Initially, her group had hoped to support the project, but had not been able to come to an agreement to preserve the wildlife connectivity. Mayor Honea closed the public hearing and opened the discussion up to Council and the applicants. Council Member Ziegler raised the issue of the concerns over traffic on Moonfire. Mr. Mahoney indicated that the issue on Moonfire has been studied by the town's engineering department. The traffic did not meet the thresholds, but at the Planning Commission level, it was discussed that once the development goes into place, town staff would continue to study that. Council Member Ziegler would like concerns of the residents addressed regardless of the proposed development. Mr. Mahoney responded that the Moonfire concern raised the issue of opening Scenic Drive, but staff will continue to look into the issue. Council Member Bowen applauded the people who raised their concerns and the thought that went into them. He asked if there was an agreement with Saguaro Park and what the disruption would be to Lazy K if the development goes ahead. Mr. Racy responded that the Park Service had sent letters back with their comments as part of the routine process. Many of those comments had to do with dark skies and invasive plants and a list of other issues, and his group did their best to try to address those. Revisions were made based on meetings with the Coalition, Fish and Game, biologists from the Park Service and others. The issue of natural and open space was never raised. There is less than 25 percent natural and open space on the Lazy K property right now. There has not October 7 Meeting Minutes 8 Marana Council Meeting 11/05/2014 Page 62 of 96 been 80 percent open space on the Lazy K since the 1930's. He does not know why there wasn't a follow -up meeting with the Park Service. It was arranged, but cancelled. Council Member Comerford directed comments to Mr. Racy about their long acquaintance and promises made in the past on other developments that she felt he had not followed through with. She does not believe that this project will be any different. She apologized to Mr. Shiner, but stated that regarding promises for Scenic Drive, she has a hard time believing they will happen. She based this on an Avra Valley project. She is not happy about what she is hearing or about the project. Mr. Racy addressed Council and stated that she doesn't have to believe him but he would like her support. The project deserves her support. Every commitment and every promise is in an ordinance enforceable by town staff and management and the town attorney, and there is not a single item in here that the Council has to believe or trust in anything he has said. Having said that, the commitments on Avra Valley Road have been lived up to on a different project. He rx.•.ti, asked for confirmation that a commitment for AM Valley Road wasn't lived up to. This is the first time he has heard anything about that and doesn't know what it has to do with this project or what is really going on, but no one needs to trust or believe him at all. Council Member Comerford stated that it has to do with credibility. Council Member Kai's concerns regard wildlife connectivity and the two -story homes. It seems that there is a lot more open space to the west of Lazy K, and those property owners will be coming to the town of Marana and wanting to annex into the town. He urged staff to take notice that when that happens, the wildlife corridor is wide enough. He asked for elaboration the two - story homes. Mr. Racy responded that the current document restricts to not more than 50 percent. Single story has been restricted along the northern boundary. The expectation of Mattamy Homes is far less than 50 percent, and there is absolutely no objection to single story along Scenic or any of the perimeters. That would be fine. Any two -story would be on the interior of the project. Council Member Kai asked for clarification on complete two -story or high rooftops to imitate two - story. Mr. Racy stated that the current plan by Mattamy will probably be varied rooflines with a couple of master suites on the single story, but they would like to keep flexibility for architectural variation within the project. Council Member McGorray does not want flexibility for two -story homes. She would like a real promise on the two - stories. Mr. Racy stated that Mattamy does not anticipate many two - stories. He will talk to Mr. Shiner about all one -story homes, but definitely one -story on the perimeters. Council Member Ziegler also wanted to keep one -story homes, but as she looked around Continental Ranch, she liked the variation between one and two - stories so that the homes don't look cookie cutter and give people an option. She would like the two stories within the interior. Mr. Racy conferred then with Mr. Shiner and stated that the homes would be all single story. That's in the specific plan and in the document. October 7 Meeting Minutes 9 Marana Council Meeting 11/05/2014 Page 63 of 96 Mayor Honea noted that although the public hearing is closed, Council can ask for anyone to speak. A member of the audience asked to speak but was not identified for the record. He apparently was from Saguaro National Park, and stated that it was extremely inappropriate to ask the developer about the national park service's comments and concerns without giving us the opportunity to state them ourselves. All of our comments are part of the record and have been submitted, and he hopes they were all provided to Council over the past year. He gave additional information on concerns which is the continuous upzoning and the effort of developers to come in and determine the future of Marana and the neighbors of Marana. There was no reason not to meet with the developer as park service employees meet with other developers near the park boundaries. Motion to approve Ordinance 2014.024 as presented by staff subject to the modification to the development plan limiting the construction of residential homes to a single story by Council Member Kai, seconded by Council Member Ziegler. Roll call vote required for a super majority, motion failed 5 -1, with Council Member Comerford voting no and Vice Mayor Post absent. 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 Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session, which will not be open to the public, to discuss certain matters. E1 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). October 7 Meeting Minutes 10 Marana Council Meeting 11/05/2014 Page 64 of 96 ADJOURNMENT. Motion to adjourn at 9:12 p.m. by Council Member McGorray, second by Council Member Kai. Passed unanimously 6 -0. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on October 7, 2014. I further certify that a quorum was present. Hilary Hiser, for Jocelyn C. Bronson, Town Clerk October 7 Meeting Minutes 11 Marana Council Meeting 11/05/2014 Page 65 of 96 � n �� 1 7 � MARANA � REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, October 21, 2014 at or after 7: 00 PM Ed Honea, May or y Jon Post, Vice Mayor David Bowen, Council Member Patti Comerford, Council Member Herb Kai, Council Member Carol M r ay, Council Member Roxanne Ziegler, Council Member REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL. Mayor Honea called the meeting to order at 7:06 p.m. Ms. Bronson called roll. Vice Mayor Post and Council Member Kai were excused. There was a quorum present. PLEDGE OF ALLEGIANCE /INVOCATION /MOMENT OF SILENCE. Led by Boy Scout Den 10, Pack 219. APPROVAL OF AGENDA. Motion to approve as amended by removing Item L1, which was requested by the applicant to be moved to a future date, by Council Member McGorray, second by Council Member Ziegler. Passed 5-0. CALL TO THE PUBLIC. Nan Phillip, Continental Ranch, spoke regarding road construction in sections 16 -18. David Morales spoke regarding millennials showing less dependence on driving for their transportation needs by living in urban centers and being able to walk and bike to work or using public transportation. PROCLAMATIONS October 21 Meeting Minutes 1 Marana Council Meeting 11/05/2014 Page 66 of 96 Proclamation: Declaring October 19 -25, 2014 as Arizona Cities and Towns Week MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Mayor Honea reported on a regional MADD event he attended with the police chief and Council Members. Police Officer John Pathamavong received the Officer of the Year award for Marana. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Mr. Davidson reminded everyone that this coming Saturday (October 25) is the First Fall Heritage Festival at the Heritage River Park from 3 -10 p.m. This is a joint effort with many community partners and is free to the public and a real family event. PRESENTATIONS P 1 Presentation: Recognizing Norman Fogel for his contribution to the Town of Marana. Mayor Honea noted that Mr. Fogel served the Town for seven years, many of which were as the chair of the Planning Commission. Tonight's presentation was a plaque presented in his honor. CONSENT AGENDA. Motion to approve by Council Member Bowen, second by Council Member McGorray. Passed 5-0. C1 Resolution No. 2014 -099 Relating to Development; approving a final plat for Tangerine Crossing Commercial Center II, Lots 11 -16, being a re- subdivision of Tangerine Crossing Commercial Center Lots 6, 9, and 10, generally located along the north side of Tangerine Road, east of Thornydale Road (Robert Clements) C2 Resolution 2014 -100: Relating to development; approving a final plat for Boulder Bridge Pass III at Dove Mountain, Lots 1 -99, Blocks "I" and "2 ", Common Areas "A" and "B" located approximately 0.4 miles north of the Dove Mountain Boulevard and Boulder Bridge Pass intersection (Steve Cheslak) C3 Resolution 2014 -101: Relating to Development; approving a development plan for Del Webb at Dove Mountain Community Center generally located .03 miles south of Dove Mountain Boulevard on Del Webb Trail (Steve Cheslalc) C4 Resolution No. 2014 -102: Relating to Development; approving a final plat for Continental Ranch Retail Center - Westside Resubdivision #4, Lot 18 located approximately 0.1 miles southeast of the intersection of Cortaro Road and Arizona Pavilions Drive (Steven Vasquez) C5 Resolution No. 2014 -103: Relating to Development; approving and authorizing the Town Engineer to execute and record an amendment to the legend on the cover sheet of the Final Plat October 21 Meeting Minutes 2 Marana Council Meeting 11/05/2014 Page 67 of 96 for Casa Sevilla Lots 1 -48 and Common Areas "A" thru "D" to establish a public sidewalk easement immediately adjacent to public right -of -way (Frank Cassidy) C6 Resolution No. 2014 -104: Relating to Administration; approving and authorizing the Finance Director to execute Amendment Number Three to the contract between the Town of Marana, the Arizona Department of Corrections and the Management &Training Corporation for inmate labor services (Erik Montague) C7 Resolution No. 2014 -105: Relating to Municipal Court; approving the reappointment of Sandra Celaya as a civil traffic violation hearing officer for the Marana Municipal Court (Jane Fairall) C8 Resolution No. 2014 -106: Relating to Parks and Recreation; approving and authorizing the Mayor to execute an intergovernmental agrees e t between Pima County, Pinal County and the Town of Marana for the purpose of facilitating cooperation between the parties in the planning, design, and implementation of trail, park, planning and open space projects of mutual interest (Tom Ellis) C9 Approval of Marana Special Council Minutes for October 7 2014 (Jocelyn C. Bronson) LIQUOR LICENSES L 1 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding an application for Acquisition of Control of a Series 12 restaurant liquor license submitted by Fei Cheng on behalf of Sushi Cortaro located at 8225 N. Courtney Page Way #141, Marana, Arizona 85743. Ms. Bronson stated that the application has been properly posted and reviewed, and staff is recommending approval. Motion to approve by Council Member McGorray, second by Council Member Ziegler. Passed 5-0. L2 Relating to Liquor Licenses recommendation to the Arizona Department of Liquor Licenses and Control regarding an application for a person transfer and location transfer of a series 6 Bar liquor license submitted by Denise Marie Bora on behalf of Home Plate located at 8579 N. Silverbell Road, Marana, Arizona 85743 (Jocelyn C. Bronson). Item removed. BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION Al PUBLIC HEARING: Ordinance No. 2014.025: Relating to Development; approving a rezoning of approximately 92 acres of land located on both the northeast and northwest corners October 21 Meeting Minutes 3 Marana Council Meeting 11/05/2014 Page 68 of 96 of Ina and Silverbell Road one mile west of Interstate 10, west of the Santa Cruz River, from `Zone A - Small Lot,' `Zone E — Transportation Corridor,' `LI — Light Industrial,' `NC — Neighborhood Commercial,' `VC — Village Commercial,' `R -6 Residential,' `R -10 Residential,' and `R -36 Residential' to `F' Specific Plan for the purpose of creating the Silverbell Gateway Specific Plan; and approving a minor amendment to the general plan (Cynthia Ross). Mayor Honea opened the public hearing. Presented by Cynthia Ross. There are four separate development areas. It is intended that nearly all of the permitted uses within Silverbell Gateway will be allowed in any of the four development areas unless explicitly stated. She then described the various characteristics in each of the development areas. The Planning Commission held a public hearing in September and voted unanimously to rezone this area. Staff is recommending approval subject to the recommended conditions. She noted that Brian Underwood with the Planning Center is available to answer questions. Mr. Cassidy gave a point of clarification on the 100 -foot height which is a conditional use. There is authority given to each Council Member to require that a conditional use must come before Council for approval which can be done by amending the ordinance relative to that. In response to a question from council Member McGorray, Mr. Cassidy said that a 75 -foot height is permitted by right without a conditional use permit. Anything over that within the 100 -foot area, they would need a CUP. Mayor Honea noted that he wanted the clarification that anything over 75 -feet to go to Planning Commission and Council for approval. The Mayor noted that although it isn't an issue with this project due to an assurance to provide water service, a water wheeling agreement with the City of Tucson should be looked at in the future as a presentation to Council. There were no speakers. The public hearing was closed. Council Member McGorray asked for clarification on the height. Motion by Council Member Bowen to approve the ordinance subject to the recommended condition that any building over 75 feet come back to Council for approval, second by Council Member Ziegler. Passed 5-0. A2 PUBLIC HEARING: Ordinance No. 2014.026 Relating to Development; approving a rezoning of approximately 14.7 acres of land located at the southeast corner of Ina Road and Silverbell Road from "R -36 Residential" to "F" Specific Plan for the purpose of establishing the Riverside at Silverbell Specific Plan and approving a minor amendment to the General Plan to amend the land use category from Commercial (C) to Master Plan Area (MPA). Mayor Honea opened the public hearing. Presented by Steven Vasquez. The specific plan encourages a mixed use blends both horizontally and vertically in its built form. There were no speakers, and the Mayor closed the public hearing. Mr. Vasquez then presented an illustrative site plan to give an idea of what the development could look like. Public notice was property done, and there was a neighborhood meeting on September 16. The Planning Commission unanimously recommended approval of the specific plan and the minor general plan amendment on September 24. Staff recommends approval with the 18 conditions outlined in the staff report. He noted that the ordinance included with the Council packet was missing four conditions — 14 through 18. A revised ordinance showing all 18 conditions was placed on the dais tonight, and staff October 21 Meeting Minutes 4 Marana Council Meeting 11/05/2014 Page 69 of 96 recommends adoption of the revised ordinance. Mayor Honea asked for comments from the audience. There being none, he closed the public hearing. Motion to approve the revised ordinance with the 18 conditions by Council Member Ziegler, second by Council Member McGorray. Passed 5-0. A3 Resolution No. 2014 -107 Relating to Utilities; approving and authorizing the Mayor to execute the intergovernmental agreement with the City of Tucson relating to effluent. Presented by Frank Cassidy, who noted this is a standard effluent allocation agreement and that normally this item would be on the Consent agenda. What will end up happening is that for any waters of Marana that are treated in a Pima County wastewater plant, the town will now get an allocation of that effluent pursuant to this agreement. In addition, any waters that Marana is obligated to cover the resources for under our water service agreement with Tucson, we also get those credits. In response to a question from Council Member Bowen, Mr. Cassidy noted that this is new. This is not a renewal of a previous agreement. The town started negotiating this agreement 11 years ago. One of the main reasons it was never completed was because we were in the wastewater battle, and the City of Tucson was concerned about what would happen if the town ended up owning wastewater plants and ended up treating waters of Tucson. With that up in the air, we could never bring this to fruition. Motion to approve by Council Member Bowen, seconded by Council Member Ziegler. Passed 5-0. A4 Resolution No. 2014 -108 Relating to Utilities; approving and authorizing the Mayor to execute the Sunset Ranch Water Service Transfer Agreement with the City of Tucson. Presented by Frank Cassidy. This agreement was drafted initially in 2004. The Sunset Ranch area was right in the middle of a large area served by the City of Tucson. When Marana received the application for Continental Reserve rezoning, the town wanted to serve water to Continental Reserve. So we made a deal with Tucson in which they abandoned their right to serve Continental Reserve, but it more or less orphaned Sunset Ranch. At the time, Sunset Ranch was being served by Tucson, and Tucson wanted to continue serving them. So under the agreement 10 plus years ago, the town's water has been serving Sunset Ranch, but Sunset Ranch have been customers of Tucson Water. The issue was that in 2004, Tucson's water rates were better than Marana's, and we were concerned that doing the flip would bring us serious objections. As time has gone on, the rates are much closer. In response to a question from Council Member Bowen regarding whether Tucson Water has been refunding money to Marana during the time they have been doing the billing while Marana provided the water, Mr. Cassidy stated that the transfer of credits has not been occurring, but the finalization of this agreement encompasses that. Mayor Honea asked who the provider of water is to the homes between Sunset Ranch and Scenic Drive. Mr. Kmiec responded that although that's not part of the town, Marana Water is the service provider. Motion to approve by Council Member McGorray, second by Council Member Ziegler. Passed 5-0. October 21 Meeting Minutes 5 Marana Council Meeting 11/05/2014 Page 70 of 96 A5 PUBLIC HEARING: Relating to Annexation; discussion and consideration of an application to annex an approximately 9.2 acre parcel of property generally located on the north side of Twin Peaks Road between Tiffany Loop and the Casa Grande Highway (Interstate 10) Mayor Honea opened the public hearing. Presented by Cynthia Ross, who noted that the town's zoning for this property is Urban Industrial. The property owner intends to develop this property for convenience - oriented uses such as gas, hotel, and restaurant as dictated by market conditions. A blank annexation petition was filed with the Pima County Recorder on September 26, 2014. This public hearing is in conformance with state statutes. Mayor Honea closed the public hearing. ITEMS FOR DISCUSSION /POSSIBLE ACTION EXECUTIVE SESSIONS Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session, which will not be open to the public, to discuss certain matters. E1 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. .. W�l FUTURE AGENDA ITEMS ­ q W11 I 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 adjourn at 7.-51 p.m. by Council Member McGorray, second by Council Member Bowen. Passed 5-0. N ., Ad CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on October 21, 2014. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk October 21 Meeting Minutes 6 Marana Council Meeting 11/05/2014 Page 71 of 96 - r C? RANA -P 115 5 5 W. CIXgC CENTER DRIVE. NIARANA. ARIZ ONA 8 5 65 3 Item L1 To: Mayor and Council Submitted For: Jocelyn C. Bronson, Town Clerk From: Suzanne Sutherland, Assistant to the Town Clerk Date: November 5, 2014 Subject: Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding an application for a person transfer and location transfer of a series 6 Bar liquor license submitted by Denise Marie Bora on behalf of Home Plate located at 8579 N. Silverbell Road, Marana, Arizona 85743 (Jocelyn C. Bronson) Discussion: This application is for a person and location transfer of a series #6 Bar liquor license at Home Plate located at 8579 N. Silverbell Road, Marana, Arizona 85743. Pursuant to state law, the application was posted at the premises where the business is to be conducted. The posted notice provided that residents within a one mile radius from the premises may file written arguments in favor of or opposed to the issuance of the license with the Town Clerk's Office within 20 days of the posting. Any written arguments received by the Clerk's Office for or against the proposed liquor license are attached to this item and will be submitted to the Department of Liquor Licenses and Control (DLLC). Town staff has reviewed this application to determine whether the applicant is in compliance with zoning, building and other legal requirements for the business. Additionally, the Marana Police Department has conducted a local background check. The Town Council must enter an order recommending approval or disapproval of the application within 60 days after filing of the application. Pursuant to state statute, a license will only be issued after a satisfactory showing of the capability, qualifications and reliability of the applicant and "in all proceedings before the town council, the applicant bears the burden of showing that the public convenience requires and that the best interests of the community will be substantially served by the issuance of a license." Marana Council Meeting 11/05/2014 Page 72 of 96 If the Council's recommendation is for disapproval, the order must include an attachment stating the specific reasons for the recommendation of disapproval and including a summary of the testimony or other evidence supporting the recommendation. If the Council enters an order recommending approval of the application, or makes no recommendation, then no hearing before the Arizona state liquor board will take place, unless the director of the DLLC, the liquor board or a resident within a one mile radius from the premises requests a hearing. If the Council enters an order recommending disapproval of the application, or if the director, board or a resident within a one mile radius from the premises requests a hearing, then the state board will hold a hearing regarding the application. At the hearing, the state board will consider all evidence and testimony in favor of or opposed to the granting of the license. The decision of the board to either grant or deny an application will normally take place within 105 days after the application has been filed, unless the director of the DLLC deems it necessary to extend the time period. Staff Recommendation: Staff recommends that an order recommending approval be submitted to the DLLC for this liquor license application. Suggested Motion: OPTION 1: I move to adopt and submit to the DLLC an order recommending approval of the application for a person and location transfer of a series #6 Bar liquor license submitted by Denise Marie Bora on behalf of Home Plate located at 8579 N. Silverbell Road, Marana, Arizona 85743. OPTION 2: I move to adopt and submit to the DLLC an order recommending disapproval of the application for a person and location transfer of a series #6 Bar liquor license submitted by Denise Marie Bora on behalf of Home Plate located at 8579 N. Silverbell Road, Marana, Arizona 85743. Attachments: Redacted Application Affidavit of Posting Local Governing Body Recommendation Descriptions of Liquor License Marana Council Meeting 11/05/2014 Page 73 of 96 COPY 08 W Llept w4 - --iC4 DZ'j- \--�7 RECEIVED Arizona Department of Li Licenses and Control 800 West Wash 5 th Floor Phoenix, Arizona 85007 w 602-542-5141 APPLICATION FOR LIQUOR LICENSE TYPE OR PRINT WITH BLACK INK SEP 2 6 2014 Town of Marana Clerk's Office Notice: Effective Nov. 1, 1997, All Owners, Agents, Partners , Stockholders, officers t. or Mana actively- involved in the da to day operations of the b us iness rn ust attend a Department a I i u or l aw trainin course or p rovide p ro of of attendance within the last five y ears. See pa 5 of the Li Licensin re SECTION 1 This application is for a: SECTION 2 T of ownership: 11 MORE THAN ONE LICENSE ❑ INTERIM PERMIT Complete Section 5 ❑ J.T.W.R.O.S. Complete Section 6 ❑ NEW LICENSE Complete Sections 2,3,4,13,14,15., 16' El INDIVIDUAL Complete Section 6 J> TRANSFER (Bars & Li Stores ONLY) F ❑ PARTNERSHIP Complete Section 6 Complete Sections 2, 3, 4, 11, 13, 15, 16 ❑ CORPORATION Complete Section 7 );tLOCATION TRANSFER (Bars and Li Stores ONLY) RfLIMITED LIABILITY CO. Complete Section 7 Complete Sections 2, 3,'4, 12, 13, 15, 16 ❑ CLUB Complete Section 8 ❑ PROBATE/WILL ASSIGNMENT/DIVORCE DECREE. ❑ GOVERNMENT Complete Section 10 Complete Sections 2., 3, 4, 9, 13, 16 (fee not re ❑ TRUST Complete Section 6 ❑ GOVERNMENT Complete Sections Z 3,4,10,13,15,16 ❑ OTHER (Explain) goom � MENOMINEE ammommmm somemo . . ■ommommo MENOMONEE MMMMSMMW MMEMEMEN MENOMONEE EMEMMEME MEMMomms MENOMINEE MEMNON" MEN■MONEE mannomm ■■■monow MMOMM W SECTION 3 T of license and fees LICENSE #(s): rZ> L,,;,, I C> c;p c:> 1. T of License(s): A Cp ,A.-f �, parn 77 y I A-1-1 2. Total fees attached: $ aL44 tme t Use Onl APPLICATION FEE AND INTERIM PERMIT FEES (IF APPLICABLE) ARE NOT REFUNDABLE The fees allowed under A.R.S. 44-6852 will be char for all dishonored checks. manommom amoommmm mmmmomm COMMODORE! ompoom� mon� nommomp" BESSEMER[ m� nommumem wasmoolm onommmom womsmasom UK SECTION 4 Applicant 91 7 2.460 M k-L� 1 nwnpr/Anent % 's Name: Mq I . L ------ - - ( Insert one name ONLY to appea .or nse Last First Middle 2. Corp./Partnership/L.L.C.: C., (Exactl as it appears on Articles of Inc. or Articles of Or 3. Business Name:— ( Exactl y as it appears on the exterior of premises 4. Princi * .5 pal Street Location FMS C k-� - ( Do not use PO Box Number) cit Count zip 5. Business Phone: Da Phone: , Email:&X 6. Is the business located within the incorporated limits of the above cit or town? JO YES ❑NO 7. Mailin Address: ILI Cit State Zip 8. Price paid for license onl bar, beer and wine, or li store: T -4-- (4p _ $ 3c , Q)c T $ DEPARTMENT USE ONLY Fees: cgo(D U4 �1 y � � Application Interim Permit Site Inspection Fin Prints $ TOTAL OF ALL FEES NO Status ate Is Arizona Statement of Citizenship & Alien StatL For SkBenefits complete? 11 ES Y El , L a � 0 Date: L gL+ Lic. # 0 Accepted b S - ��' 1/712013 *Disabled individuals re special accommodation, please call (602) 542-9027. Marana Council Meetin 11/05/2014 -1- Pa 74 of 96 SECTION 7 Corporation /Limited Liability Co.: EACH PERSON LISTED MUST SUBMIT A COMPLETED QUESTIONNAIRE (FORM LIC0101), AN "APPLICANT" TYPE FINGERPRINT CARD, AND $22 PROCESSING FEE FOR EACH CARD. E7 CORPORATION Complete questions 1, 2 3, 5, 6, 7, and 8. �L. L. C. Complete 1, 2, 4, 5, 6, 7, and 8. _ 1. Name of Corporation /L.L.C.. �__- (Exactly as it appears on Articles of Incorporation or Articles of Organization) 2. Date Incorporated/Organized: 0 - 1 "y State where Incorporated/Organized: °� A, 3. AZ Corporation Commission File No.: 4. AZ L.L.C. File No: L.: % q' 0 � 42 . � - 5. Is Corp. /L.L.C. Non - profit? D YES��JO J.? Date authorized to do business in AZ::. • H� Date authorized to do business in AZ:- . r.f. 6. List all directors, officers and members in Corporation /L. L.C.: -.4; �,wwtr Last First Middle Title Mailing Address City State Zip (ATTACH ADDITIONAL SHEET IF NECESSARY) 7. List stockholders who are controlling persons or who own 0% or more: I ast First Mirir 1p °/n ()wnpr1 Mailing Address Citv S tate Zin L LL. , r :,"�- �: 1 �,:"'�t :, '� '_ .j.. z 3 "`:° = te a •� z. (ATTACH ADDITIONAL SHEET IF NECESSARY) 7. List stockholders who are controlling persons or who own 0% or more: I ast First Mirir 1p °/n ()wnpr1 Mailing Address Citv S tate Zin L LL. , t T (A t i AUH AUUI I IUNAL GHEE 1 W NLUE66AKY) 8. If the corporation /L.L.C. is owned by another entity, attach a percentage of ownership chart, and a director /officer /member disclosure for the parent entity. Attach additional sheets as needed in order to disclose personal identities of all owners. SECTION 8 Club Applicants: EACH PERSON LISTED MUST SUBMIT A COMPLETED QUESTIONNAIRE (FORM LIC0101), AN "APPLICANT" TYPE FINGERPRINT CARD, AND $22 PROCESSING FEE FOR EACH CARD. (ATTACH ADDITIONAL SHEET IF NECESSARY) Marana Council Meeting 11/05/2014 Page 75 of 96 SECTION 9 Probate, Will Assignment or Divorce Decree of an existing 13ar or Li quor Store License: " r 1. Current Licensee's Name: (Exactly as it appears on license) Last First Middlet 2. Assignee's Name: r-� i:, Last First Middle 3. License Type: License dumber: Date of List - TI 1: - a 4. ATTACH TO THIS APPLICATION A CERTIFIED COPY OF THE WILL, PROBATE DI ION INSTRUMENT, OR DIVORCE DECREE THAT SPECIFICALLY DISTRIBUTES THE LIQUOR LICENSE TO SSICNEE TO THIS APPLICATION. •�`� vassomwo �V-W=M** =ft"WM NN, SECTION 10 G overnment: (f or cities, towns, or CIO- lnties only) 1. Governmental Entity: 2. Person/designee: Last First Middle Contact Phone Number A SEPARATE LICENSE MUST BE OBTAINED FOR EACH PREMISES FROM WHICH SPIRITUOUS LIQUOR IS SERVED. "Mp"B" =MWOMIN MWWRINK NOMMOM U000011000 100=000 now-um � k"Moswo P&M"M% 00000a wooft"o =00"M ""mom 0"Moomm mman" wommm mmsmaw nmmom � =mom Wnwoom W SECTION I I Person to Person Transfer: Questions to be completed by CURRENT UOENSEE (Bars and Liquor Stores ONLY- Series 06,07, and 09). 1. Current Licensee's Name: GARCIA RUDOLPH MUNOZ Entity: AGENT (Exactly as it appears on license) Last First Middle (Indio., Agent, etc.) 2. Corporation /L. L.C. Name:. STAGE 2, LLC (Exactly as it appears on license) 3. Current Business Name: EMPIRE MOUNTAIN CATERING (Exactly as it appears on license) 4. Physical Street Location of Business. Street 277 W. DUVAL CA City, State, Zip GREEN VALLEY, AZ 85614 5. License Type: #G -BAR License Number. 06100084 6. If more than one license to be transfered: License Type: N/A License Number: 7, Current Mailing Address: Street 1313 W. CAMINO DE LA OCA (Other than business) City, State, Z i p GREEN VALLEY, AZ 85622 8. Have all creditors, lien holders, interest holders, etc. been notified of this transfer? 0 YES ❑ NO 9. Does the applicant intend to operate the business while this application is pending? ❑ YES 9 NO If yes, complete Section 5 of this application, attach fee, and current license to this application. 10 1, RUDOLPH MUNOZ GARCIA , hereby authorize the department to process this application to transfer the (print full name) privilege of the license to the applicant, provided that all terms and conditions of sale are met. Based on the fulfillment of these conditions, I certify that the applicant now ovens or will own the property rights of the license by the date of issue. I RUDOLPH MUNOZ GARCIA , declare that I am the CURRENT OWNER, AGENT, MEMBER, PARTNER (print full name) STOCKHOLDER, or LICENSEE of the stated license. I have read the above Section 11 and confirm that all statements are true, correct, and complete. State of _ _ � 2 01N -% .~- County of Na.J ,gnature of CURB T LICENSEE) The foregoing instrument was acknowledged hefore me this My commission expires on: 2-If r! ?diS"' �k�' ►.f '''r{ VALERIE L TAYLOR 4 Notary Public - Arizona Navajo County J ` Marana Council Wig My Comm. Expires Feb 18, 2015 Da Month Year (SignatL e of NOTARY PUBLIC) Page 76 of 96 SECTION 12 Location to Location Transfer: (Bars and Liquor Stores ONLY) APPLICANTS CANNOT OPERATE UNDER A LOCATION TRANSFER UNTIL IT IS APPROVED BY THE STATE 1 . Current Business: Name `^ "- (Exactly as it appears on license) - � Address - 2:T 2. New Business: Name (Physical Street Location) Address 3. License Type: �r-- License Number: � ` 4. if more than one license to be transferred: License Type: License Number: H 5. what date do you plan to move? �- What date do you plan to open? 1 w SECTION 13 Questions for all in -state applicants excluding tho app lying for over nment�hot el/mo tel, and restaurant licenses (series 5, 11, and 12 ); A.R.S. § 4 -207 (A) and (B) state that no retailer's license shall be issued for any premises which are at the time the license application is received by the director, within three hundred (300) horizontal feet of a church, within three hundred (300) horizontal feet of a public or private school building with kindergarten programs or grades one (1) through (12) or within three hundred (300) horizonal feet of a fenced recreational area adjacent to such school building. The above paragraph DOES NOT apply to: a) Restaurant license (§ 4- 205.02) b) Hotel /motel license (§ 4-205.01) 1. Distance to nearest school: 2. Distance to nearest church: `st2. ft. c) Government license (§ 4- 205.03) d) Fenced playing area of a golf course (§ 4 -207 (13)(5 )} Name of school - , �z.. w �►.., c� w.. --� Address C6 City, State, Zip s �„ : :�.. ; �' 9,> Name of church Address ;► �--'� .� ., y Cit State, Zip " 3. 1 am the: Lessee ❑ Sublessee ❑ Owner Purchaser Hof premises) 4. if the emises is leased give lessors: Name' C" p Address C ity, State, Z i p Y 4a. Monthly ental /lease rate $— What is the remaini length q r ' ��` mos. y � 9 th of the lease g 4b. That is the penalty if the lease is not fulfilled? $ or other (give details - attach additional sheet if necessary) 5. What is the total business indebtedness for this license /location excluding the lease? $ 1 C�r >C� & t,>O Please list lenders you owe money to. Last First Middle Amount Owed Mailing Address City State Zip (ATTACH ADDITIONAL SHEET IF NECESSARY) e of business will this license be used for be specific)? L �-�- ��'- �''�- S. What type � +-A ) 5 Marana Council Meeting 11/05/2014 Page 77 of 96 G C]�.. R �J "3 w�.r.- 4 ..J.. �..i L L-^ �. L� .� C 15� 1� A,-Z- (ATTACH ADDITIONAL SHEET IF NECESSARY) e of business will this license be used for be specific)? L �-�- ��'- �''�- S. What type � +-A ) 5 Marana Council Meeting 11/05/2014 Page 77 of 96 SECTION 15 Diagram of Premises 4. In this diagram please show only the area where spirituous liquor is to be sold, served, consumed, dispensed, possessed or stored. It must show all entrances, exits, interior walls, bars, bar stools, hi -top tables, dining tables, dining chairs, the kitchen, dance floor, stage, and game room. Do not include parking lots, living quarters, etc. When completing diagram, North is up 't. If a legible copy of a rendering or drawing of your diagram of premises is attached to this application, please write the words "diagram attached" in box provided below. SECTION 16 Signature Block X-:1 ucl L. 1 � y 'y k .• . {{ GO W1 w� hereby eclare that I am the OWNER /AGENT fili this y � (print full name of applicant) application as stated in Section 4, Question 1. 1 have read this application and verify all statements to be true, correct and complete. (signature of applicant listgO 1q Section 4, Question 1) FAR Notary Puatic Stag at Arizona Pima County Kevin A Kramber My Commission EVIMS ON5120 My commission expires of : `` ay Month Year State of *"" � County of `''' The foregoing instrument was acknowledged before me this i R "r � 1 4 o , y onth Year f signature of NOTARY PUBLIC 7 Marana Council Meeting 11/05/2014 Page 78 of 96 v v v n n fD fD `' O_ V co (D Cfl O c� 07 CL t t�l T _..: ................. 2 'r!' V O . G• Q• O • D9 _ ;... ' �..... O.. Q ..C7...�7. ............ ........ _ ...... .� O aG O . �.• OO •O . �' v • O f ' f 08 07 t 2 1 1/2 Z'1. t Z' 7 9 ORTH SILVERBELL • HO PIATP KEY NOTES 01 TRASH ENCLOSURE 02 EXIT i 03 KEG STORAGE • 04 BATHROOM 05 MASONRY WALL 01 06 6' -0" ACCESS �`--� 07 POOL TABLE 08 SHUFFLE BOARD (1 02 09 VIDEO GAMES 10 FOOSBALL 4; 03 11 STORAGE ( 1384 SF) 04 •i.. -. O NCEPTUAL DESIGN FLOOR PLAN �/ n =_�n fib PRELIMINARY NOT FOR CONSTRUCTION 11 AUGUST 2014 WORKER, INC. 5 20- 664 -4847 Print Form ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL .. .. .. ..... 7 777- AFFI DAVIT OF i"' TI NG ............ "....... "......... Sep tember 29 2014 ' p , Date of Posting: : ' it of Posting Removal Bora Denise Applicant Name: Last First 8579 N. Silverbell Road Business Address: Street 05100084 License #: City Zip I hereby certify that pursuant to A.R.S. § 4 -201, I posted notice in a conspicuous place on the premises proposed to be licensed by the above applicant and said notice was posted for at least twenty (20) days. L A-C��At';N I x A Print Name of City /County official Title Telephone # Signature Date Signed Return this affidavit with your recommendation (i.e., Minutes of Meeting, Verbatim, etc.) or any other related documents. If you have any questions please call (602) 542 -5141 and ask for the Licensing Division. Individuals requiring special accommodations please call (602) 5429027 L X4119 4/2009 Marana October 20, 2014 Marie Middle 85743 Marana Council Meeting 11/05/2014 Page 80 of 96 Print Form Arizona Department of Liquor Licenses and Control 800 West Washington, 5th Floor Phoenix, Arizona 85007 www.azliquor.gov 602- 542 -5141 LOCAL GOVERNING BODY RECOMMENDATION Marana 06100084 CITY OW OF STATE APPLICATION # Pima COUNTY OF , ARIZONA. CITY)FTOW N,- 'COUNTY # LL2014 -09 ORDER # At a Regular meeting of the Marana Town Council (Regular or Special) (Governing Body) of the City own County Marana 5th November 2014 of held on the day of _____ the (Day) (Month) (Year) Denise Marie Bora application of for a license to sell spirituous liquors at 06100084 06 the premises described in Application # , License Class Series was considered as provided by Title 4, A.R.S. as amended. Denise Marie Bora IT IS THEREFORE ORDERED that the APPLICATION of is hereby recommended for (approval/disapproval) a license to sell spirituous liquors of the class, and in the manner designated in the Application. IT IS FURTHER ORDERED that a Certified Copy of this Order be immediately transmitted to the Department of Liquor Licenses and Control, Licensing Division, Phoenix, Arizona. DATED AT Marana, Arizona 5th November This day of (Day) (Month) (Yea0 CITY /TOWN/COUNTY CLERK * Disabled individuals requiring special accommodations please call the Department I is 1007 05/2009 Marana Council Meeting 11/05/2014 2014 Page 81 of 96 Department of Liquor Licenses and Control Descriptions of Common Types of Liquor Licenses I;PriPc, h Bar The bar (series 6) liquor license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, this liquor license is transferable from person to person and /or location to location within the same county and allows the holder both on- & off -sale retail privileges. This license allows a bar retailer to sell and serve all types of spirituous liquors, primarily by individual portions, to be consumed on the premises and in the original container for consumption on or off the premises. A retailer with off -sale ( "To Go ") privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. A.R.S. § 4- 206.01.F. states that after January 1, 2011, the off-sale privileges associated with a bar license shall be limited to no more than 30% of the total annual sales receipts of liquor by the licensee at that location. Payment must be made no later than the time of delivery. Off -sale ( "To Go ") package sales of spirituous liquor can be made on the bar premises as long as the area of off -sale operation does not utilize a separate entrance and exit from the ones provided for the bar. A hotel or motel with a Series 6 license may sell spirituous liquor in sealed containers in individual portions to its registered guests at any time by means of a minibar located in the guest rooms of registered guests. The registered guest must be at least twenty -one (21) years of age. Access to the minibar is by a key or magnetic card device and not furnished to a guest between the hours of 2:00 a.m. and 6:00 a.m. Series 7 Beer and Wine Bar The beer and wine bar (series 7) liquor license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, this liquor license is transferable from person to person and/or location to location within the same county and allows the holder both on- & off -sale retail privileges. This license allows a beer and wine bar retailer to sell and serve beer and wine (no other spirituous liquors), primarily by individual portions, to be consumed on the premises and in the original container for consumption on or off the premises. A retailer with off - sale ( "To Go ") privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. A.R.S. § 4- 206.01.F. states that after January 1, 2011, the off - sale privileges associated with a bar license shall be limited to no more than 30% of the total annual sales receipts of liquor by the licensee at that location. Off -sale ( "To Go ") package sales can be made on the bar premises as long as the area of off -sale operation does not utilize a separate entrance and exit from the one provided for the bar. Payment must be made no later than the time of delivery. {00018233.DOC / 21 Marana Council Meeting 11/05/2014 Page 82 of 96 Department of Liquor Licenses and Control Descriptions of Common Types of Liquor Licenses Series 9 Liquor Store The liquor store (series 9) license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, this liquor license is transferable from person to person and /or location to location within the same county and allows a spirituous liquor store retailer to sell all types of spirituous liquors, only in the original unbroken package, to be taken away from the premises of the retailer and consumed off the premises. A retailer with off-sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery. Series 9 (liquor store) licensees and applicants may apply for unlimited sampling privileges by completing the Sampling Privileges form. Series 10 Beer and Wine Store This non - transferable, off -sale retail privileges liquor license allows a retail store to sell beer and wine (no other spirituous liquors), only in the original unbroken package, to be taken away from the premises of the retailer and consumed off the premises. A retailer with off -sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery. Series 10 (beer and wine store) licensees and applicants may apply for unlimited sampling privileges by completing the Sampling Privileges form. Series 11 Hotel /Motel This non - transferable, on -sale retail privileges liquor license allows the holder of a hotel /motel license to sell and serve all types of spirituous liquor solely for consumption on the premises of a hotel or motel that has a restaurant where food is served on the premises. The restaurant on the licensed premises must derive at least forty percent (40 %) of its gross revenue from the sale of food. The holder of this license may sell spirituous liquor in sealed containers in individual portions to its registered guests at any time by means of a minibar located in the guest rooms of registered guests. The registered guest must be at least twenty -one (21) years of age. Access to the minibar is provided by a key or magnetic card device and may not be furnished to a guest between the hours of 2:00 a.m. and 6:00 a.m. Series 12 Restaurant This non - transferable, on -sale retail privileges liquor license allows the holder of a restaurant license to sell and serve all types of spirituous liquor solely for consumption on the premises of an establishment which derives at least forty percent (40%) of its gross revenue from the sale of food. Failure to meet the 40% food requirement may result in revocation of the license. {00018233.DOC / 21 Marana Council Meeting 11/05/2014 Page 83 of 96 - r C? RANA -P 11555 W. CIVIC CENTER DRIVE. NIARANA. ARIZ ONA 8 5 6 5 3 To: Mayor and Council From: Jocelyn C. Bronson, Town Clerk Date: November 5, 2014 Strategic Plan Focus Area: Community Item in Subject: Resolution No. 2014 -113 Relating to Boards, Commissions and Committees; approving and authorizing the re- appointments of Joe Rielly, Gary Davidson and John Soper to the District Board of the Red Hawk Canyon Community Facilities District No. 2 (Jocelyn C. Bronson) Discussion: Pursuant to the Amended and Restated Development Agreement and Intergovernmental Agreement of Red Hawk Canyon, the District Manager for the Red Hawk Canyon Community Facilities District No. 2 is petitioning the Council to approve the re- appointments of Joe Rielly, Gary Davidson and John Soper. These board members' terms are set to expire January 17, 2015. Financial Impact: There is no financial impact. Staff Recommendation: Staff recommends adoption of Resolution No. 2014 -113, approving the District Manager's re- appointments. Suggested Motion: I move to adopt Resolution No. 2014 -113, approving and authorizing the re- appointments of Joe Rielly, Gary Davidson and John Soper to the District Board of the Red Hawk Canyon Community Facilities District No. 2. Attachments: Resolution No. 2014 -113 Marana Council Meeting 11/05/2014 Page 84 of 96 Petition for Re- appointments Marana Council Meeting 11/05/2014 Page 85 of 96 MARANA RESOLUTION NO. 2014-113 RELATING TO BOARDS, COMMISSIONS AND COMMITTEES; APPROVING AND AUTHORIZING THE RE- APPOINTMENTS OF JOE RIELLY, GARY DAVIDSON AND JOHN SOPER TO THE BOARD OF DIRECTORS OF RED HAWK CANYON COMMUNITY FACILITIES DISTRICT NO. 2 WHEREAS the Town Council, upon forming the Red Hawk Canyon 1 & 2 and Dove Mountain Community Facilities Districts appointed the initial board of directors; and WHEREAS the Town Council is responsible for subsequent appointments to the board of directors; and WHEREAS the three directors of Red Hawk Canyon Community Facilities District No. 2 have terms which will expire January 17, 2015; and WHEREAS the developer, through the CFD's district manager, has petitioned the Council to re- appoint Joe Rielly, Gary Davidson and John Soper to additional four -year terms. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that Joe Rielly, Gary Davidson and John Soper shall be reappointed to the board of directors of the Red Hawk Canyon Community Facilities District No. 2 for additional four -year terms. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 5th day of November, 2014. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk Resolution No. 2014 -113 Marana Council Meeting 11/05/2014 APPROVED AS TO FORM: Frank Cassidy, Town Attorney Page 86 of 96 OF DISTRICT BOARD MEMBERS FOR RED HAWK CANYONCOMMUNUY FACILITIES DISTRICT NO. 2 ( 1`0WN.'0F MARANA, ARIZONA '1'U: .i rk 'fox fn of MmanaK A a T - .e undersigmed District Manager for the Redb wk- Canyon Cominunity Facilities :district, N Q 2, acting pursuant to the Amended, and Restated Development Agr m t nd. ntergove. m.menta Agreeme Re 14awlc Canyon), Docket 996 , Page ' 923, 1 /30/95, respectfully petitions the onor .t Tow Cotincil of the Town or M rmia, Arizona to appoint th following District Board Members. Ardcle 5 — Organization and Operation of the Districts — 3 x Appoi nt:nient of Boards of Directors. The i nnial me nibers of the D'I's tr . t B mwd shall be - ose individuals names In. the ca e Resolution d acce P t t evel � r (the "Distl t Bmwd- Members "). I n the event of a vacmwy oc curring o n th expiration of the term of an appointed District Board Member r upon the e t. , re .g . t o . or nabi t y of a District Board Member to discharge the duties of such office, the District shall nouffy the, Developer of such v an d give the Dev a .ras�t " t y to Candidat for ppoint iew to Fill the wacancy and to advise and consult the "Fown in connection t h r wl'th. After considering the n ra qualifi.cat of any candidates recommended by the v ier, t ie Town shall promptly a ppoint a new Distfla Board Member. Pur suant to the above article in theA mended and Restated, Development Agree ent an Mtergovernnientfeal AiueemeW.1 'the oper otto mood Properties), ) r by re nmend and r qu t pprov the. "o wing: Re-Appointment of the, Joe Rielly,, Gary Davidson, aid John Soper whose term I's set t expi J'anuary 1. 7, 201.5, to serve n add itional fotir 'r .r terns, I of 2 Marana Council Meeting 11/05/2014 Page 87 of 96 Submitted and effective this 1 0th da of October, 2014. Red Ha Can Com u Facilities District, No. 2 Can 'ac B Patti Jo Lewis, OistrictMafi�a STATE OF ARIZONA COUNTY OF PIMA The fore instrument was acknowled before me this 1 0th da of October 2014 b Patti Jo Lewis'. District Mana for the Red Hawk Can Communit Facilities District, No.2. Notar Public M commission expires: 2z Timoth S Carter Notar Public Pima Count Arizona M Comm. Expires 04-22-16 2 of 2 Marana Council Meetin 11/05/2014 Pa 88 of 96 - r C? RANA -P 11555 W. CIVIC CENTER DRIVE. NIARANA. ARIZ ONA 8 5 6 5 3 Item D1 To: Mayor and Council From: Jane Fairall, Deputy Town Attorney Date: November 5, 2014 Strategic Plan Focus Area: Not Applicable Subject: Relating to Real Estate discussion and direction regarding the use of Town property for cell towers /wireless communications facilities and collocation of wireless providers on Town -owned towers and structures; discussion and direction regarding pending proposals from Verizon for a wireless communications facility on Town property at Linda Vista Boulevard and Hartman Road, from T- Mobile for a wireless communications facility on Town property at Continental Reserve Community Park, from T- Mobile for tower and ground space at the Town's current telecommunications site located on Town property on Lon Adams Drive, and from Verizon for a wireless communications facility on Town property at the Marana Heritage River Park (Jane Fairall) Discussion: The Town periodically receives inquiries and proposals regarding locating cell tower /wireless communications facilities on Town property. The inquiries involve both the placement of equipment on existing towers and structures owned by the Town, as well as the construction of new towers and /or facilities on Town property. Staff seeks feedback from Council regarding the Council's interest in considering these sites on Town property, as well as the process and procedures to be followed. The Town currently owns two towers -one located at the Marana Municipal Complex (MMC) on Lon Adams Drive, and one located at the Marana Operations Center (MOC) on Ina Road. The Town has lessees on each of these towers. In addition, the Town leases property located at Linda Vista Boulevard and Hartman Lane to Crown Castle for a wireless communications facility built and maintained by Crown Castle. Staff seeks feedback from Council regarding whether Council is interested in considering leases with wireless communication providers for these sites, either on Town property or on existing Marana Council Meeting 11/05/2014 Page 89 of 96 Town towers and structures. In addition, staff seeks input regarding the process to be followed for sites located on Town property but constructed by the providers. Generally speaking, construction of a tower /communications facility on Town property will require both a lease or license between the provider and the Town, granting the provider the right to use the Town's property, and a conditional use permit (CUP) for the tower /facilities. The need for both a lease /license and a CUP can create some timing issues that staff would like to discuss with Council. Additionally, Town staff has received four recent proposals for use of Town property for wireless communication facilities and would like Council feedback on these requests. The requests are as follows: 1. T- Mobile has requested to rent space to collocate equipment on the Town's tower located at the MMC, as well as ground space within the existing site. 2. T- Mobile has requested to construct a wireless communications facility, consisting of a tower and a compound, on Town property at Continental Reserve Community Park. 3. Verizon has requested to construct a wireless communication facility, consisting of a tower and a compound, on Town property at Linda Vista Boulevard and Hartman Lane. 4. Verizon has requested to construct a wireless communication facility, consisting of antennas and an enclosed equipment area, on Town property at the Marana Heritage River Park. Staff Recommendation: Staff seeks feedback from Council. Suggested Motion: Council's pleasure. Attachments: No file (s) attached. Marana Council Meeting 11/05/2014 Page 90 of 96 - r C? RANA -P 115 5 5 W. CIVIC CENTER DRI - E. KARANA. ARIZ ONA 8 5 65 3 To: Mayor and Council From: Curt Woody, Director of Economic Development and Tourism Date: November 5, 2014 Strategic Plan Focus Area: Commerce Item D2 Strategic Plan Focus Area Additional Info: The Commerce focus area includes Initiative 4: Identify and solidify partnerships throughout the State and region that will assist Marana in commercial and industrial development activities. Subject: Relating to Economic Development; discussion, consideration, and possible action regarding a request from Imagine Greater Tucson (IGT) for funding from the Town for a community outreach and engagement program designed to provide input for the Pima Association of Governments' (PAG) regional transportation planning efforts, with a focus on potential future development of an international trade corridor through the greater Tucson region (Curt Woody) Discussion: Robin Shambach with BWS Architects will make a presentation outlining the partnership between Imagine Greater Tucson (IGT) and the Sonoran Institute to conduct a community outreach and engagement program to facilitate community and industry input around planning for an enhanced international trade corridor, in a manner consistent with the community's vision and values. IGT will be asking for a contribution of $20,000 from the Town, to be split between fiscal years 2015 and 2016. Marana's contribution would be conditional upon PAC's approval and funding for its portion of the program. A Scope of Work detailing the program is attached for further information. Financial Impact: Fiscal Year: 2015 & 2016 Marana Council Meeting 11/05/2014 Page 91 of 96 Budgeted No Y /N: Amount: $20,000 If approved, staff anticipates that it will be able to reallocate existing budget capacity within the Office of Economic and Tourism Development for the initial $10,000 obligation in 2014 -2015. The remaining cost will be incorporated in the appropriate accounts during the development of the 2015 -2016 budget. Staff Recommendation: Staff recommends funding the program in the amount of $20,000, split over FY 2015 and 2016. Suggested Motion: Council's pleasure. Attachments: PAG - IGT Marana Council Meeting 11/05/2014 Page 92 of 96 PAG — IGT Imagine Greater Tucson Scope of Work July 1, 2014 — June 30, 2016 Imagine Greater Tucson, in partnership with the Sonoran Institute, will conduct a community outreach and engagement program designed to provide input for the Pima Association of Governments (PAG) regional transportation planning efforts, with a specific focus on potential future development of an international trade corridor through the greater Tucson region. The greater Tucson region already serves as an international trade corridor connecting the U.S. and Mexico by rail, truck and air transport. Various planning efforts and other ongoing developments present an opportunity to further identify potential infrastructure needs and /or enhancements to this trade corridor and to incorporate appropriate projects or programs in the PAG 2045 Regional Transportation Plan that is now under development. Appropriate planning for an international trade corridor will supplement efforts to address federal planning emphasis areas such as support for the economic vitality of the metropolitan area, especially by enabling global competitiveness, productivity, and efficiency; increased safety and security of the transportation system for motorized and non - motorized users; and integration, connectivity, accessibility and mobility of the transportation system, across and between modes, for people and freight. These and other emphasis areas are listed in Chapter 23 of the U.S. Code in Section 134 (23 USC 134) The community outreach and engagement program described below is designed to provide information and create forums that allow the public to learn about and provide feedback on trends likely to influence future development of an international trade corridor in the region, opportunities to capitalize on corridor development and identify possible impacts associated with development of an international trade corridors in this region. The outreach effort is not intended to, nor will it identify, assess, or suggest any specific corridor or alignment. This IGT effort will look beyond planning for physical infrastructure, projects, or programs that is required as part of the PAG regional planning process to focus on potential economic opportunities and build the community education and logistics industry awareness necessary to move the region toward the development of the private sector investment needed to establish southern Arizona as a freight and logistics hub to facilitate trade throughout Arizona and the West. Work will be closely coordinated with PAG staff, including the formatting of data and outcomes for integration into related PAG planning efforts, including but not limited to the 2045 RTP and intermodal planning. Objective: To inform the community and facilitate community and industry input around planning for an enhanced international trade corridor, in a manner consistent with the community's vision and values. 1 Additional related planning efforts include, but are not limited to the Governor's Transportation and Trade Corridor Alliance (TTCA), ADOT's Intermountain West corridor study, expansion of Guaymas' deep port, Union Pacific's enhancements along the Sunset rail corridor, the Joint Planning Advisory Council (JPAC) Freight Framework study, and various local jurisdictions' comprehensive /general plan updates. Marana Council Meeting 11/05/2014 Page 93 of 96 I. Overview of Major Phases /Milestones A. International Trade Corridor Working Group (Ongoing through June 2016) Goals: Design a set of outreach activities that meaningfully engages the greater Tucson community around planning for the corridor How: 1) Convene key stakeholders to advise on outreach efforts designed to inform the community about the corridor. 2) Identify information needs, promote existing educational resources and develop new ones as needed, and ensure information sharing and coordination among various planning and public engagement efforts around the corridor. 3) Reach out to the Southern Arizona Trade and Logistics Alliance (SATLA) to determine what synergies could be accomplished through joint communications and other activities. B. Resource Development (July- December 2014) Research Peer Communities Goals: Identify best practices and lessons learned from other communities that have developed regional trade corridors and distributions hubs. How: 1) Building on the work done to date on the freight framework Study (JPAC), the Governor's Transportation and Trade Corridor Alliance (TTCA), and guided by the information needs identified by the International Trade Corridor Working Group, research peer communities and prepare written case studies of these communities. 2) Identify leaders from peer communities who can present at community and stakeholder forums on issues of concern to the Greater Tucson community. Establish aWeb -based Information Clearinghouse Goals: Provide an on -line clearinghouse of existing information resources and planning efforts related to the corridor that stakeholders and the public can access. How: 1) Develop and maintain aWeb -based directory co- located on the Imagine Greater Tucson and Pima Association of Governments websites. C. Community Outreach (January 2015 -June 2016) Goals: Inform and educate the community on the findings of our research and establish community priorities for consideration and development of the corridor. How: 1) Host a series of community workshops, presentations, and small -group meetings, with a focus on potential economic opportunities and impacts, to discuss the merits, tradeoffs, and choices facing the greater Tucson community in considering proposed elements of the corridor. 2) Keep interested community members informed of developments related to the corridor through an e- newsletter. Marana Council Meeting 11/05/2014 Page 94 of 96 Goals: Resolve specific community, economic, or environmental impacts associated with proposed elements of the corridor. How: 1) Host a series of workshops involving select stakeholders and decision - makers in addressing site- or issue - specific concerns and identifying possible ways to resolve these concerns. 2) Disseminate information and ideas generated at these workshops so that they can be considered in ongoing planning and policy - making processes. D. Guidelines for Future Enj!a2ement (June 2016) Goals: Develop guidelines for consideration by local, regional, and state decision - makers that ensure that future planning and community outreach efforts advance a corridor consistent with the greater Tucson community's vision. How: 1) Regularly evaluate the effectiveness of outreach and engagement activities under this scope of work by soliciting public input on these activities. 2) Prepare a report describing activities, public feedback on these activities, and recommended actions going forward. II. Key Roles Program Manager, IGT —full time Responsibilities: 1) Oversees consultants responsible for community outreach 2) Prepares materials for Board of Directors regarding community outreach activities 3) Updates Board on community outreach activities 4) Prepares agenda and materials for Working Group meetings 5) Updates Working Group on community outreach activities 6) Serves as presenter, facilitator, or resource provider for community workshops and small -group gatherings 7) Develops and updates content for Web -based clearinghouse, e- newsletter, and other communications materials 8) Presents to community groups 9) Coordinates closely with PAG staff on program activities, including the formatting of data and outcomes for integration into related PAG planning efforts such as the 2045 RTP, intermodal planning, etc. Consultants (To be determined) — # hrs per week Responsibilities: 1) Designs and implements community outreach activities Board of Directors, IGT — # hrs per week Responsibilities: 1) Hires and supervises Program Manager 2) Approves program work plan and budget Marana Council Meeting 11/05/2014 Page 95 of 96 3) Approves vendor contracts and payments, including monthly reimbursements to Sonoran Institute for finance and administrative support 4) Reviews, approves, and submits payment requests to PAG 5) Reviews, approves, and submits financial reports to PAG 6) Presents to local officials and other key stakeholders and decision makers 7) Manages Website and all social media 8) Evaluates and prepares report on program effectiveness Sonoran Institute — # hrs per week Responsibilities: 1) Researches peer communities, prepares case studies, identifies peer community leaders as potential presenters 2) Serves as presenter, facilitator or resource provider for community workshops and small -group gatherings 3) Provides financial and administrative support to IGT, including tracking program revenues and expenses, processing payroll, generating monthly financial reports, ensuring grant compliance, and preparation of annual 990 reports and state filings. Marana Council Meeting 11/05/2014 Page 96 of 96