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HomeMy WebLinkAbout02/02/2016 Regular Council Meeting PacketM RA N WON N MARANA TOWN COUNCIL REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, February 2, 2016, at or after 7:00 PM Ed Honea, Mayor Jon Post, Vice Mayor David Bowen, Council Member Patti Comerford, Council Member Herb Kai, Council Member Carol McGorray, Council Member Roxanne Ziegler, Council Member Pursuant to A.R. S. § 3 8- 431.02, notice is hereby given to the members of the Marana Town Council and to the general public that the Town Council will hold a meeting open to the public on February 2, 2016, 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 Regular Council Meeting 02/02/2016 Page 1 of 49 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.maranaaz.gov 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 Regular Council Meeting 02/02/2016 Page 2 of 49 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. 2016 -011 Relating to Public Works; approving and authorizing the Mayor to execute a "Right of Entry and Indemnity Agreement for Bridge Painting" with Union Pacific Railroad Company for the bridge over the Orange Grove Road underpass (Ryan Benavides) C2 Approval of January 12, 2016 Study Session Minutes and January 19, 2016 Regular Council Meeting Minutes (Jocelyn C. Bronson) LIQUOR LICENSES L 1 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a special event liquor license application submitted by Rev. Fr. Virgilio Tabo, Jr. on behalf of Saint Christopher Roman Catholic Parish for Valentine's Day Party to be held on February 13, 2016 (Jocelyn C. Bronson) BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION Al Ordinance No. 2016.002: Relating to Finance; exempting Town -owned projects from certain Town of Marana fees (Jamsheed Mehta) A2 Resolution No. 2016 -012: Relating to Facilities; posting a portion of Luckett Road as "John Kai Sr. Memorial Roadway" (Gilbert Davidson) ITEMS FOR DISCUSSION /POSSIBLE ACTION D1 Resolution No. 2016 -013: Relating to Utilities; approving Marana Water Department water service area maps (John Kmiec) Marana Regular Council Meeting 02/02/2016 Page 3 of 49 D2 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. El Executive Session pursuant to A.R.S. §38- 431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion regarding the items to be placed on the agenda, if three or more Council members request that an item be placed on the agenda, it must be placed on the agenda for the second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2- 4 -2(B). ADJOURNMENT Marana Regular Council Meeting 02/02/2016 Page 4 of 49 N O 0 / m - tn. A k 4 0 Council - Regular Meeting Meeting Date: 02/02/2016 To: Mayor and Council Submitted For: Ryan Benavides, Public Works Director From: Frank Cassidy, Town Attorney Date: February 2, 2016 Strategic Plan Focus Area: Not Applicable C1 Subject: Resolution No. 2016 -011 Relating to Public Works; approving and authorizing the Mayor to execute a "Right of Entry and Indemnity Agreement for Bridge Painting" with Union Pacific Railroad Company for the bridge over the Orange Grove Road underpass (Ryan Benavides) Discussion: The Public Works Department is preparing to paint infrastructure at the Orange Grove Road and Interstate 10 freeway interchange, including the Orange Grove Road railroad underpass. Union Pacific Railroad Company requires the Town to enter into its standard "Right of Entry and Indemnity Agreement for Bridge Painting" before allowing any painting to occur on railroad property. This item authorizes the Town to enter into the agreement. The form of agreement provided with this item has been modified slightly by the Marana Town Attorney. The authorizing resolution allows additional minor revisions of the agreement without reauthorization by the Council, in case further revisions are made upon further review by Union Pacific's attorneys. Staff Recommendation: Staff recommends adoption of Resolution 2016 -011, approving and authorizing the Mayor to sign the "Right of Entry and Indemnity Agreement for Bridge Painting" with Union Pacific Railroad Company. Suggested Motion: Marana Regular Council Meeting 02/02/2016 Page 5 of 49 I move to adopt Resolution 2016 -011, approving and authorizing the Mayor to sign the "Right of Entry and Indemnity Agreement for Bridge Painting" with Union Pacific Railroad Company. Attachments Resolution No. 2016 -011 UPRR paint agreement Marana Regular Council Meeting 02/02/2016 Page 6 of 49 MARANA RESOLUTION NO. 2016-011 RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A "RIGHT OF ENTRY AND INDEMNITY AGREEMENT FOR BRIDGE PAINTING" WITH UNION PACIFIC RAILROAD COMPANY FOR THE BRIDGE OVER THE ORANGE GROVE ROAD UNDERPASS WHEREAS the Marana Public Works Department is preparing to paint infrastructure at the Orange Grove Road and Interstate 10 freeway interchange, including the Orange Grove Road railroad underpass; and WHEREAS Union Pacific Railroad Company requires the Town to enter into its standard "Right of Entry and Indemnity Agreement for Bridge Painting" before allowing any painting to occur on railroad property; and WHEREAS the Mayor and Council of the Town of Marana find that the best interests of Marana and its citizens are served by approving this resolution. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the "Right of Entry and Indemnity Agreement for Bridge Painting" with Union Pacific Railroad Company in substantially the form attached to this resolution as Exhibit A is hereby approved, and the Mayor is authorized to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, conditions and objectives of the agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 2 nd day of February, 2016. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk 00045003.DOCX /1 Marana Resolution No. 2016 -011 Marana Regular Council Meeting 02/02/2016 APPROVED AS TO FORM: Frank Cassidy, Town Attorney 1/27/2016 2:14 PM FJC Page 7 of 49 RIGHT OF ENTRY AND INDEMNITY AGREEMENT FOR BRIDGE PAINTING THIS RIGHT OF ENTRY AND INDEMNITY AGREEMENT FOR BRIDGE PAINTING (the "Agreement ") is made this day of , 2016, by and between the TOWN OF MARANA (the "Town ") and UNION PACIFIC RAILROAD COMPANY ( "UP "). WHEREAS, UP controls and operates a right -of -way and bridge (the "Premises ") in the Town of Marana, Arizona; WHEREAS, the Town desires the right to clean and paint UP's bridge spanning the Orange Grove Road underpass, immediately east of Interstate 10 (the "Work "); WHEREAS, UP is willing to permit the Town to perform the Work in accordance with the terms and conditions herein set forth; and NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) in hand paid, other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, and the mutual covenants and promises herein contained, it is agreed between the parties as follows: 1. From the period starting from the date of execution of this Agreement, through the date that is one year from such date unless further extended by mutual agreement of the parties (the 'Term "), the Town, through its employees, agents, contractors, subcontractors, and /or other representatives, may, only once (meaning not on a repetitive basis) perform the Work. Notwithstanding the foregoing, providing that UP shall first have approve the specifications therefore, as set forth in Section 2 hereof, the Town may also engage in periodic spot painting to remove graffiti (the "Spot Painting "). 2. All specifications for the Work or Spot Painting, including but not limited to paint color and temporary attachment specifications (if any), must be submitted by the Town to UP for review and approval at least thirty (30) days prior to starting the Work or Spot Painting. No Work or Spot Painting may begin until UP has approved the specifications. Upon receipt of the specifications, UP's authorized representative will determine and inform the Town whether a flagman need be present and whether the Town need implement any special protective or safety measures, including the use of reflective vests as well as other requirements enumerated in the section covering safety instructions. The Town shall perform the Work and Spot Painting so as not to interfere with the continuous and uninterrupted use of UP tracks or other operations (the "Operations "). If the handling of the Work or Spot Painting may cause interference with the Operations, the Town shall obtain written instructions from UP's authorized representative as to the proper method of handling of the Work or Spot Painting. 3. The specifications for Spot Painting must include the paint color (which must be compatible with the most recent paint applied), application method (e.g. spray, brush, etc.), and structure access /reach equipment type (e.g. ladders, man -made lifts, etc.). UP may require paint removal prior to Spot Painting for safety reasons; if so, the Town must also submit a paint removal method (e.g. sand - blasting, chemical removal, etc.) to UP for approval. 4. The Town may not begin the Work or Spot Painting unless the Town has provided at least two (2) weeks prior written notice to UP of the intended Work or Spot Painting start date. Form Approved by Law Department September 1,2009 Marana Regular Council Meeting 02/02/2016 Page 8 of 49 5. Safety is of paramount importance. The Town shall take all reasonable precautions and is solely responsible for the safety of, and shall provide protection to prevent damage, injury, or loss to, all persons who should reasonably be expected to be affected by the Work or Spot Painting, including individuals performing the Work or Spot Painting, employees of UP and its consultants, visitors to the Premises, and members of the public who may be affected by the Work or Spot Painting. 6. Upon the Town's request, UP will provide the Town with approximate daily train schedules to assist Town with planning the Work or Spot Painting schedule. 7. At no time will anyone performing the Work or Spot Painting be allowed beyond the bridge abutments on UP's property or be allowed on top of the bridge unless accompanied by UP personnel. 8. The Town shall: (i) remove from the Premises upon completion of the Work or Spot Painting all supplies, equipment, waste materials, rubbish or temporary facilities used in the Town's performance of the Work or Spot Painting; and (ii) restore the Premises to its original condition prior to the Town's commencement of the Work or Spot Painting. 9. The Town agrees to and understands that all costs associated with the Work or Spot Painting will be paid solely by the Town and that UP will not make any financial contribution to the Work or Spot Painting; provided that UP shall pay for any flaggers determined by UP to be required pursuant to Section 2 of this Agreement. 10. As a material inducement for entering into this Agreement, and without which UP would not enter into the same, the Town covenants and agrees, that, except to the extent that Claims (defined below) are finally determined to be caused by the intentional misconduct or gross negligence of UP and /or its employees, the Town shall indemnify and hold harmless the UP from all fines, judgments, awards, claims, demands, liability, losses, damages and expenses (including attorney fees and costs) ( "Claims "), for injury or death to all persons, including the UP's and the Town's employees, and for loss and damage to property belonging to any person (including environmental claims) arising resulting from the performance of this Agreement by the Town or any other person performing any work or service on the Town's behalf on or about the Premises. 11. Any contract between the Town and its contractor to perform the Work or Spot Painting herein described will include the insurance requirements for contractors set forth on Exhibit A hereto, which is incorporated by reference herein. 12. The Town shall comply with all federal, state and local environmental laws and regulations in its work at the Premises and shall perform the Work or Spot Painting in an environmentally protective manner. Specifically, the Town shall: A. Prevent releases and spills of any materials that could harm human health or the environment, including but not limited to, hydrocarbon products, anti - freeze, spent mechanical draining, solvents, hazardous substances and hazardous wastes as defined in the Comprehensive Environmental Response, Compensation and Liability Act and the Resource Conservation and Recovery Act, respectively ( "Environmental Substances "). B. Inthe event of a release or spill of an Environmental Substance, clean up such release by excavating contaminated soil, stockpiling it on an impermeable surface (i.e., Visqueen), and thereafter, properly dispose of such contaminated soil off of the Premises. Fonn AAWMd Kf_ #or 4Meeting 02/02/2016 Page 9 of 49 September 1, 2009 C. Prevent any released Environmental Substances from spreading and /or entering waterways by keeping a supply of absorbent materials on site (i.e., oil absorbent pads and booms) which shall be used for such purposes. D. Furnish a copy of the bill of lading or hazardous waste manifest for any shipment of Environmental Substances off -site to UP's facility manager. E. Obtain any environmental permits and prepare any environmental plans required as a result of the Work or Spot Painting and make them available to UP upon request. F. Remove and properly dispose of all solid waste and rubbish on a regular basis. The Town, at its expense, shall assume all responsibility for the investigation and cleanup of any release or discharge of any Environmental Substance at the Premises that arises from the Town's performance of any work, presence or other activity at the Premises. In addition to other liability terms contained in this Agreement, the Town agrees to indemnify, defend and hold harmless UP, its officers, agents and employees, from and against all environmental costs and expenses, including without limitation, all environmental analysis and cleanup expenses, fines and claims, or penalties arising from any work, presence or activity of the Town at the Premises. The employees of the Town shall at all times be and remain the sole employees of the Town and subject to the direction, supervision and control of the Town. 13. Inaccordance with the Hazard Communication Standard (the 'TICS ") issued by the Occupational Safety and Health Administration ( "OSHA ") (29 CFR, Part 1910.1200), UP has developed and implemented its Hazard Communication Program. At the specific UP facilities where potentially hazardous chemicals may be present, UP maintains a copy of its Hazard Communication Written Plan (the "Written Plan ") which, among other things, includes a list of the hazardous chemicals that may be present at the facility involved and the availability of Material Safety Data Sheets ("MSDS"). The Written Plan is available for review by the Town. The Town shall determine if the Work or Spot Painting, under normal conditions or in a foreseeable emergency, will expose the Town, its officers, employees or agents to any hazardous chemicals on UP's property as listed in the Written Plan, and if so shall: (1) review the Written Plan for the specific facility involved, and (2) inform its officers, employees and agents of such hazardous chemicals and that they may review UP's Written Plan and obtain copies of applicable MSDS. The HCS also requires that the parties to this Agreement exchange MSDS, as well as any additional information about precautionary measures necessary to protect both parties' employees where exposure may occur. The Town shall provide such information to UP, its officers, employees and agents, before the Town uses any hazardous chemicals (as defined in the HCS) in, on or about the Premises. 14. The Town recognizes that the Premises may contain lead paint or other lead components, and the Town assumes all risk and liability associated with the presence of such lead paint or other lead components. In the event that the Town (or its members, agents, employees, contractors, subcontractors, and or representatives) performs surface preparation activities in connection with painting, including but not limited to chipping, scraping, or abrasive blasting of any kind, then the Town shall ensure that proper lead containment measures are taken. Fonn NWwwc1R1a�gbfiw MpnW fleeting 02/02/2016 Page 10 of 49 September I, 2009 15. The retention of contractors by the Town does not relieve the Town of its obligation under the Agreement. The Town shall be responsible for all work of contractors and all contractors shall be governed by the terms of this Agreement. 16. The Town shall pay in full all persons who perform labor upon or provide services or materials in connection with the Work or Spot Painting. The Town shall not create, permit or suffer any mechanic's or materialmen's liens of any kind or nature to be created or enforced against any property of UP for any such Work or Spot Painting performed. 17. Any notice given or required to be given to the Town or UP pursuant to any provisions of this Agreement shall be given in writing and shall be personally delivered, transmitted electronically or sent by U.S. registered mail, with necessary postage prepaid, and shall be deemed to have been duly given: (a) when delivered by hand; (b) one (I) day after delivery by receipted overnight delivery; or (c) three (3) days after being mailed by certified mail or registered mail with return receipt requested, to the following: If to th e Town Town of Marana Attn: Ryan Benavides, Public Works Director 5100 W Ina Road Tucson, AZ 857453 Phone: (520) 382 -2506 Fax: (520) 382 -1995 Email: RBenavides @MaranaAZ.gov I f to UP: Union Pacific Railroad Company Attn: 1400 Douglas Street, Mail Stop Omaha, NE 68179 Phone: (402) 544 -_ Fax: (402)_ —_ Email: 18. This Agreement constitutes the entire agreement between the parties with respect to the subject matter described herein. No modification or alteration of the terms hereof shall be binding unless such modification or alteration is in writing and executed by the parties. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the remaining provisions of this Agreement remain in full force, if the essential terms and conditions of this Agreement for each party remain valid, binding, and enforceable. 19. This Agreement shall be binding upon the parties hereto and upon all persons successor in interest to said parties. This Agreement shall not be assignable by the Town without the express written consent of UP. 20. This Agreement shall be governed by and in accordance with the laws of the State of Arizona. 21. The failure of any party hereto to enforce at any time any of the provisions of this Agreement or to exercise any right or option which is herein provided shall in no way be construed to be a Form Approved by. Law Department SepteNWatl,alWgular Council Meeting 02/02/2016 Page 11 of 49 waiver of such provision(s) as to the future, nor in any way to affect the validity of this Agreement or any part hereof or the right of either party to thereafter enforce each and every such provision and to exercise any such right or option. No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach. IN WITNESS WHEREOF, this Agreement is executedthis UNION PACIFIC RAILROAD COMPANY By: Its: Attest: Title: day of 1 2016. TOWN OF MARANA, ARIZONA By: Its: Attest: Title: Form Approved by Law Department September 1, 2009 Marana Regular Council Meeting 02/02/2016 Page 12 of 49 EXHIBIT A INSURANCE REQUIREMENTS The Town shall cause the contractor performing the Work to procure and maintain, during the life of this Agreement (except as otherwise provided in this Agreement) the following insurance coverage: A. Commercial General Liability Insurance. Commercial general liability (CGL) with a limit of not less than $1,000,000 each occurrence and an aggregate limit of not less than $2,000,000. CGL insurance must be written on ISO occurrence form CG 00 O 1 12 04 (or substitute form providing equivalent coverage). The policy must also contain the following endorsement, WHICH MUST BE STATED ON THE CERTIFICATE OF INSURANCE: Contractual Liability Railroads ISO Form CG 24 17 10 01 (or a substitute form providing equivalent coverage) showing "Union Pacific Railroad Company Property" as the Designated Job Site. B. Business Automobile Coverage Insurance. Business auto coverage written on ISO form CA 00 01 10 01 (or substitute form providing equivalent liability coverage) with a limit of not less $1,000,000 for each accident, and coverage must include liability arising out of any auto (including owned, hired, and non -owned autos). The policy must contain the following endorsements, WHICH MUST BE STATED ON THE CERTIFICATE OF INSURANCE: Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01 (or substitute form providing equivalent coverage) showing "Union Pacific Property" as the Designated Job Site. C. Workers' Compensation and Employers' Liability Insurance. Coverage must include but not be limited to: • Contractor's statutory liability under the workers' compensation laws of the state(s) affected by this Agreement. • Employers' Liability (Part B) with limits of at least $100,000 each accident, $500,000 disease policy limit $100,000 each employee. If the Town is self - insured, evidence of state approval and excess workers' compensation coverage must be provided. Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable. D. Railroad Protective Liability Insurance. Railroad Protective Liability insurance written on ISO occurrence form CG 00 35 12 04 (or a substitute form providing equivalent coverage) on behalf of UP as named insured, with a limit of not less than $2,000,000 per occurrence and an aggregate of $6,000,000. A binder stating the policy is in place must be submitted to UP before any work may be commenced and until the original policy is forwarded to UP. E. Umbrella or Excess Insurance. If UP utilizes umbrella or excess policies, these policies must "follow form" and afford no less coverage than the primary policy. F. Pollution Liability Insurance. If the Town's scope of work includes, bring any form of "hazardous" materials, to include fuel oil or gasoline not contained within their motor vehicles, onto UP's Form Approved by Law Department SepteVkkabgWWgular Council Meeting 02/02/2016 Page 13 of 49 property which is injurious in or upon land, the atmosphere, or any watercourses; or may cause bodily injury at any time the Town shall provide Pollution Liability Insurance. Ifrequired pollution liability coverage must be written on ISO form Pollution Liability Coverage Form Designated Sites CG 00 39 12 04 (or a substitute form providing equivalent liability coverage), with limits of at least $1,000,000 per occurrence and an aggregate limit of $2,000,000. Other Rea uirements G. All policy(ies) required above (except workers' compensation and employers' liability) must include UP as "Additional Insured" using ISO Additional Insured Endorsements CG 20 26, and CA 20 48 (or substitute forms providing equivalent coverage), and shall not be limited by the Town's liability under the indemnity provisions ofthis Agreement. H. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless (a) insurance coverage may not lawfully be obtained for any punitive damages that may arise under this Agreement, or (b) all punitive damages are prohibited by all states in which this Agreement will be performed. I. The Town waives all rights against UP and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the workers' compensation and employers liability or commercial umbrella or excess liability insurance obtained by the Town required by this Agreement. J. Prior to commencing any work, the Town shall furnish UP with a certificate(s) of insurance (except for Railroad Liability Insurance), executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements in this Agreement, and a Binder of Insurance showing compliance with the Railroad Protective Liability coverage required by this Agreement. K. All insurance policies must be written by a reputable insurance company acceptable to UP or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the work is to be performed. L. The fact that insurance is obtained by the Town or by UP on behalf of the Town will not be deemed to release or diminish the liability of the Town, including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by UP from the Town or any third party will not be limited by the amount of the required insurance coverage. Form Approved by Law Department Septe#Yrbb �Ogular Council Meeting 02/02/2016 Page 14 of 49 N O 0 / n.. - tn. A k 4 0 Council - Regular Meeting C2 Meeting Date: 02/02/2016 To: Mayor and Council Submitted For: Jocelyn C. Bronson, Town Clerk From: Suzanne Sutherland, Assistant to the Town Clerk Date: February 2, 2016 Subject: Approval of January 12, 2016 Study Session Minutes and January 19, 2016 Regular Council Meeting Minutes (Jocelyn C. Bronson) Attachments Draft 01 -12 -2016 Study Session Minutes Draft 01 -19 -2016 Regular Council Meeting Minutes Marana Regular Council Meeting 02/02/2016 Page 15 of 49 N pW N op% 1 7 9 MARANA 7 JS►ZOS� STUDY SESSION MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, January 12, 2016, at or after 5:00 PM AOL Ed Honea Mayor Jon Post, Vice Mayor David Bowen, Counc Patti Comerford, Coul Herb Kai, Council Carol McGorray, Coui Roxanne Ziegler, Coui TUDY SE S S Ilk ail I 14 &► 1 1111 , X1111 1 1 1111111 CALL TO ORDER AND ROLL CALL. Mayor Honea called the meeting to order at 5:28 p.m. Town Clerk Bronson called roll. Council Members Kai and McGorray were excused. Council Member Ziegler arrived at 5:33 p.m. There was a quorum present. PLEDGE OF ALLEGIANCE /INVOCATION /MOMENT OF SILENCE. Led by Mayor Honea. r 14111 q6k APPROVAL OF AGENDA. Motion to approve the agenda by Council Member Bowen, second by Council Member Comerford. Passed 4 -0. CALL TO THE PUBLIC. No speaker cards were presented. 0, 'AW DISCUSSION /DIRECTION /POSSIBLE ACTION D 1 Relating to Administration; presentation, discussion and direction regarding the framework for development of the fiscal year 2016 -2017 budget and its role in the implementation of the Strategic Plan, including potential future annexations and the development of a Neighborhood Investment Plan (Gilbert Davidson and Erik Montague) Mr. Davidson began by noting that this is the Council's opportunity to look at the big picture and it also kicks off the budget process. He noted that it's important to keep in the forefront of any decisions the vision of the town's strategic plan. The strategic plan process started in 2008 January 12, 2016 Study Session Minutes 1 Marana Regular Council Meeting 02/02/2016 Page 16 of 49 with the vision being "committed to providing exceptional public service, a climate for economic sustainability and a welcoming environment that makes Marana Your Town for life." He discussed the overriding principles beginning with financial sustainability. Even during the recession, Council and staff worked to make sure the budget was structurally balanced. Quality public service, strategic partnerships within the community, specifically the joint meeting with the Marana Unified School District. The Council over the years has always looked at where investments can be made locally to ensure a safe community and provide a good quality of life before using our resources elsewhere. He highlighted what is currently being addressed in the strategic plan. This information was gathered from each of the departments and compiled into the documents in Council packet of information. The strategic plan was merged with the current status on individual initiatives from staff, which are highlighted in red. The document was broken out by department and then each focus area. In most cases we are making great progress. In others, the work has not started or we have not been able to put the appropriate resources into play yet. He then elaborated on some of the things being done in each of the focus areas. We now have a process to follow up with developers to find out where they are in their plan, especially if they have submitted an application, but we have not heard from them for a while. By itself, it is a small part of our overall business plan, but when you put small pieces together, they add up. Officers are re- thinking their roles in how they deliver services by going out of their way to help citizens. We are doing more to reach out and engage the staff on latest best practices. On the heritage side, all of our signature events have incorporated into them some nostalgia or historic component such as the Cotton Festival. The results have been phenomenal. Regarding recreation, he talked about the new Tangerine Park which will be the first town -owned park on the east side of I -10. Staff is working on plans to connect parks to the trail system into the Tortolitas. With every development that comes in, we sit down and talk about the recreation piece of it. Most of the projects in the strategic plan have been started. Some projects are long -term and expensive, so we have tried to break those down into smaller pieces to help them get started. There have been no modifications coming from the staff side unless they have been presented by Council. Every department is doing a great job at touching every part of the plan. If during the budget process there is something that needs to be modified, staff will bring that back to Council. Even for items that are very expensive, what we are trying to do is take them in smaller chunks and do something rather than nothing. He used the Land Development Code as an example of taking on a big project and updating it in pieces and in two separate fiscal years. His recommendation is to find unique ways to start a program and get it going rather than say it's too big and do nothing. Council Member Bowen who asked a general question about water relative to the Avra Water transfer of their Central Arizona Project water entitlement as noted in the water section of the Strategic Plan merged document. Other than negotiating with Avra, is there any technical reason why this shouldn't go through if all parties are in favor of it or is it an ADWR deal? Would a re- negotiation be problematic for us? Mr. Davidson responded that in terms of the acquisition of those water resources for the town, there is a set process that is prescribed by ADWR. There is a component that allows others to weigh in or object to what we're doing, and he believes that is the phase we are in now. So unless someone objects, it should follow the ADWR sequence and be transferred to the town. It does get complicated when someone makes an objection. This January 12, 2016 Study Session Minutes 2 Marana Regular Council Meeting 02/02/2016 Page 17 of 49 happened to the town before. Please let him know if there are other questions or something comes up that you want more information on. He noted that overall, the strategic plan has been a very positive document and is keeping us on track. Each iteration takes us to the next level, and it is all the little things that we do as staff that add to the overall picture. He then turned the presentation over to Erik Montague who gave a general fund update of the budget outlook with a preliminary snapshot of where we think we'll be for December as he is still waiting for the tax journal for December. When he comes back before Council in February, the numbers may have changed slightly. We are about or slightly ahead of where we had hoped to be halfway through the fiscal year. While the focus has been on how we did regarding sales tax for the outlet mall, we only have numbers for October, which was great. That data takes a long time to be transmitted to us. Expenditures are lagging except for personnel, and that's a budget mechanism. However, for the year we are about $2M to the good. Next he discussed the preliminary outlook based on the key assumptions of continued growth in the regional economy. Tucson is growing but not as fast as Maricopa County for various reasons. The key revenue sources to support these assumptions come from sales tax, intergovernmental revenues and licenses, permits and fees. We are anticipating 550 new single family residents and a 3.1 percent population growth with an inflation rate of less than 2 percent. Regarding transaction privilege taxes, generally called sales taxes, he is looking for a modest improvement. One thing he is going to be challenged with is how to project the sales tax numbers for the mall. The mall opened at the busiest time of the year, and we will have to figure out how to normalize that data. Year over year there have been modest improvements in retail of 15.6 percent primarily related to the opening of the mall; restaurants of 6 percent; and up 14 percent for contracting sales tax, mostly related to residential development which has been reasonably consistent. Some of the projections were a result of a change in the classification system in the tax journal. In response to a question on how the bed tax is paid, Mr. Montague clarified for Council that if a hotel has a restaurant attached, what the town pays on bed tax comes only from the hotel and not the restaurant. Vice Mayor Post asked if the town rebated any of the sales tax back to the outlet mall. Mr. Montague responded that no portion of contracting sales tax is being rebated, but retail sales tax of 45 percent will be rebated starting this year on a quarterly basis. Mr. Montague went on to note that the preliminary numbers exclude the V2 cent sales tax dedicated to the new police facility. For state share revenues, we are anticipating a modest improvement of just fewer than 3 percent. He noted that previously staff had discussed with Council the possibility of a special census in order to get the mid - decade number to achieve some additional revenues because state shared revenues are shared per capita of population. We came to find that the League was going to advance legislation and continues to do so. We would have the opportunity to change our population estimates each year instead of waiting for each 5 -year period. We would still have the opportunity to do our own special census should we need to. We are not sure how much revenue we will collect as a result of the legislation, but it could be effective for 2016 -17. Based on the numbers that were provided last May, it is somewhere between $1 M and $1.25M additional dollars that the town would receive. To his knowledge there are already about six or seven cities /towns that have already done the special census. We know that based on the January 12, 2016 Study Session Minutes 3 Marana Regular Council Meeting 02/02/2016 Page 18 of 49 calculations previously when our populations was about 35,000, we now know that we are just north of 41,000, so that increase will be positive for us. With respect to permits and fees we are at 48 percent of budget year to date. We budgeted for 550 single family residential permits and are currently at 262. For the new year, we don't know yet what to budget. For the base budget, we carried over the 550. Finance will work closely with development services, building, planning and utilities to determine where growth will occur and the number of units. We anticipate about a 7 percent growth based on valuation increase. He concluded this portion with a general fund preliminary revenue summary showing ongoing and one -time revenues. Next, he talked about the cash reserves, describing how we are holding nicely at $24.6M. The required reserve is about $11 M, and since we are not in the business of holding reserves but using them appropriately, staff will be looking at projects to use those funds. Mr. Davidson noted that with this kind of money in the bank, we can act very quickly if there is a need in the community. When we discussed funding the extension of the sewer line, funding road improvements or buying land, we have enough money in the bank to even talk about buying something like that. Mr. Montague said that tied to innovation, one of the things we committed to is providing additional information to the public. To that end, we created a dedicated budget page. He credited the communications team for helping to craft the page. This will help the public but also employees find information online. Notifications through subscriptions will also be provided. Mr. Montague then presented the upcoming key dates for budget preparation including tonight's presentation for the adoption of Council goals and objectives. In January and February, departments will be preparing their base budgets, revenue estimates and any preliminary carryover requests. The department budgets will be reviewed in March and in April the Manager's recommended operating budget will be presented to Council. In May, Council will be presented with the tentative budget for approval with adoption of the final budget in June. Mr. Montague also reported on the town's self - insurance program, which he said was doing very well. When modeling the estimates for next year's budget, Mayor Honea asked whether stores scheduled to come to the outlet mall are programmed into the revenue figures. Mr. Montague stated that staff has the square footages, but until we have history, we have no idea what new stores will bring in. Based on analyses done by Pollack & Company, on average for the 366K+ square footage, estimates for taxable sales are $375 per square foot per year. We would make the argument in the absence of better information, if they bring on another 5,000 - 10,000 square feet, you can make some generalizations. Depending on timing, we will have to analyze the numbers again per square feet. Discussions ensued regarding other businesses that are under consideration or in process. Mr. Davidson noted that in terms of tourism, the hotel is critical as are restaurants. If we don't get those kinds of businesses in line or coming down the pipeline, that will have an effect on the revenues from the mall. Mr. Brann gave a quick update on the status of permits for some of the businesses mentioned. Mr. Davidson noted that the Westside Retail between LA Fitness and Cortaro is ready to go. There being no further questions on budget, Mr. Davidson began the discussion on annexation opportunities. He highlighted the general annexation opportunities. Historically, there has been January 12, 2016 Study Session Minutes 4 Marana Regular Council Meeting 02/02/2016 Page 19 of 49 interest in the Rillito, and Portland Cement areas, the Bowtie area at Twin Peaks, Camino de Manana, Linda Vista, Pinal Airpark, Red Rock and White Stallion Guest Ranch. The pros and cons of each of the locations were debated at length. There are great opportunities as well as great challenges with infrastructure and the provision of service relative to the cost benefit. One of the issues with Red Rock is that when we updated our General Plan, the City of Eloy weighed in on our process and we agreed on a joint planning area. The town could annex it, but we would have to work with Eloy and vice versa. We have a great working relationship with Pinal County and they would work with us in this area, but the acquisition of the Pinal Airpark could have negative consequences if we are not careful with how it is planned because of the paddles and extension of runways. Mayor Honea noted that he had asked to have this item on the agenda because he believes Marana's growth in going north along the interstate. The upside in the future is big. Some of the discussion centered on acquiring more area versus taking care of the residents who have already made investments to live within the corporate limits. This discussion segued into the last item which is the neighborhood investment program. Mr. Davidson noted that from a cost standpoint, neighborhood reinvestment is daunting regarding the infrastructure. He is proposing that staff approach the issues from different angles. Rather than not dealing with the big ticket items because of cost, he is suggesting things such as putting in small parks in older neighborhoods as a first step. It will take unique and creative thinking to put this improvement process in place, but as Marana becomes more successful, every neighborhood should reflect that. He is proposing that as each budget year comes around; we look at where we can make investments to correct any structural deficiencies in the Colonia neighborhoods of Honea Heights, Yoem Pueblo, Marana Vista, Marana Estates, Berry Acres, Adonis, Amole Circle and Price Lane. We can also look for partnerships with landowners, and there are grant opportunities to help with this. We will continue to study the areas and what they have or do not have. There needs to be community conversations first. This will involve both CIP and Council approval. Council Member Comerford stated that this fits well with the conversation on annexations — which we need to take care of our residents who are here. Vice Mayor Post said it would be a good idea to figure out how to work this into the budget as a line item each year. For every new development we must insist that there is a maintenance and operations component to be used in that area for road maintenance and other things as long as the CFD exists. Mr. Davidson ended his presentation with a brief discussion on things we have talked about in the past that are critical for Marana's long -term future. The town has different types of debt — debt the town has issued for facilities like the municipal complex, road infrastructure such as the Twin Peaks interchange, and external debt for CFD's and improvement districts. He is referring to anything the town has issued or backed by the town's sales tax. Having a management plan of buying down debt without bonding puts us in a much better cash position for the long -term. It is an up -front expense but frees up dollars in the long term. Another element to watch is the public safety retirement system which is a financial liability of a little over $7M. It is about 60 percent funded, and that needs to get to a fully funded status as quickly as possible. A lengthy discussion ensued on the benefits of funding up as quickly as possible. Referencing the airport and wastewater enterprise funds, the airport is totally supported by the general fund even though it's listed as an enterprise entity. We need to get it fully funded. January 12, 2016 Study Session Minutes 5 Marana Regular Council Meeting 02/02/2016 Page 20 of 49 Regarding wastewater, the plan is to move toward operating revenues to treat flows and keep them going. The growth in Marana has been somewhat of a challenge because we have to start looking at some type of expansion. Staff is exploring as many options as possible of what that could look like. We have to pay close attention to the costs for this because the numbers have gotten bigger in terms of what it will cost to build a new plant. We are accumulating a cash reserve from impact fees for wastewater. We need to keep doing a health check on the important initiatives such as where we are and what are the assumptions that we may need to tweak to stay on top of these initiatives long term. Next year is the town's 40 anniversary. There are some things that we could roll out in terms of celebrations to mark that event. One thing is revamping the town's seal and logo. Currently, it doesn't read correctly. This could be a good opportunity to freshen up the seal and logo for our publications. The final issue is the Home Rule Option or Alternative Expenditure Election. This would normally have been presented to the voters in 2017, but we are looking at going one year earlier due to the legislation for a consolidated election schedule. In the past we have done well with this measure, but now we have concerns due to being part of a bigger and more complex ballot. There could be 9 different ballots. Our issues are now on a partisan ballot. Historically, council members have been elected in the Primary and Home Rule has always been done in the General. If we put this issue on the Primary ballot, Democrats and Republicans will automatically receive a ballot, but Independents have to choose a ballot in the Primary. They automatically get a ballot for the General. So that will be a complication for this item as almost a third of our registered voters are registered Independents. The major party ballots will look like partisan ballots instead of non - partisan which is what Marana is. So we have the option of a Primary ballot or a General ballot or a special election which we will have to pay for at a cost of $130- $140K. We need to put out a lot of educational materials about how this ballot will look and work. Vice Mayor Post noted that we have been fortunate to have this pass in the past, but maybe we should get some advice as to when to take this to the voters because of all the complications. Mr. Davidson and Mr. Montague weighed in on the problems with the Home Rule Option is that the language often looks like a tax increase because of the way we are mandated to present it. Council elections are also at the same time. Ms. Bronson noted that there is now information on the town's website for the upcoming election. Mr. Davidson said that staff would reach out to the League and other jurisdictions to see how they are proceeding. It is critical to get this measure passed because the consequences of it not passing could be devastating. If it doesn't pass, we keep collecting the money but we can't spend it, so based on last year's numbers, our expenditure authority would severely limit our ability to conduct business as we are doing now. It would be two years before we could have another special election to get the Home Rule Option passed. There were no further items to discuss. January 12, 2016 Study Session Minutes 6 Marana Regular Council Meeting 02/02/2016 Page 21 of 49 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 ADJOURNMENT. Upon motion by Council Member Ziegler, second by Vice Mayor Post, the meeting was adjourned at 8:04 p.m. Passed 5 -0. ; .. 0 CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the study session /presentation of the Marana Town Council meeting held on January 12, 2016. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk January 12, 2016 Study Session Minutes Marana Regular Council Meeting 02/02/2016 emu- Page 22 of 49 �pwn p� 7 9 MARANA \I1170?�"? REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 �m 11 1 or - -II' Council Chambers, January 19, 2016 after 7:00 PM �L Ed Honea, Payor Jon Post, Vice Mayor David Bowen, Council Member Patti Comerford, Council Membc Herb Kai, Council Member Carol McGorray, Council Member Roxanne Ziegler, Council Member REGULAR COUNCIL MEETING 1 _ 11 1K CALL TO ORDER AND ROL ALL. Mayor Honea called the meeting to order at 7:02 p.m. #Mao Al 4 41 q& Town Clerk Bronson ca ed roll. 11 Council Members were present except for Council Members McGorray and Ziegler, who were excused. There was a quorum present. Y Ai .. ■.... IIT mr 1e.mm - PLEDGE OF ALLEGIANCE/ VOCATION /MOMENT OF SILENCE. Led by Mayor Honea. APPROVAL OF AGENDA.'rouncil Member Bowen moved to accept the agenda; first moving Consent Agenda item CS to the Action Agenda. Seconded by Vice Mayor Post. Passed unanimously 5 -0. CALL TO THE PUBLIC. Cheryl Horvath introduced herself as the new chief of Mountain Vista Fire District and noted that Mountain Vista serves a small portion of Marana. She is available at any time to talk about the services of the fire district, attend Council meetings or address any other concerns the Council may have. David Morales addressed Council and asked that a portion of Luckett Road north of Hardin Road leading to the new Veteran's cemetery be renamed John Kai, Sr. Road. January 19, 2016 Meeting Minutes 1 Marana Regular Council Meeting 02/02/2016 Page 23 of 49 PROCLAMATIONS Pi Proclaiming February 2016 as Love of Reading Month. Ms. Bronson read the proclamation. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS. Council Member Comerford reported that this coming Saturday at Marana Marketplace, the Marana Host Lions and Marana Food Bank will be having a Winterfest Festival for fundraising for the Food Bank. A Marana citizen, Dan Heston, runs a double marathon and has been doing this for the past five years. He runs 50 plus miles. Originally called Footfalls for Food, Dan has received donations of about $3500 so far. Mayor Honea noted that after meetings with some of the local mayors, relationships in the region are good. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS. No report. PRESENTATIONS CONSENT AGENDA. Motion to approve except for item CS by Vice Mayor Post, second by Council Member Bowen. Passed unanimously 5-0.` S C1 Resolution 2016 -003 Relating to Development; approving a final plat for Marana Center, Parcel 1 Re- subdivision, Tract A and Lots 1 and 2 of Marana Center Parcel 1 generally located east of Interstate 10, on the north side of Marana Center Boulevard (Steve Cheslak) C2 Resolution No. 2016 -004: Relating to the Police Department; approving and authorizing the Town Manager to execute a Subgrantee Agreement with the Arizona Department of Homeland Security for purposes of receiving funds under the 2015 Operation Stonegarden Grant Program (Lisa Shafer) ` "" __ ......... C3 Resolution 2016 -005: Relating to Community Development; approving the Neighborhood Mediation Program and authorizing Town staff to administer it (Lisa Shafer) C4 Resolution No. 2016 -006: Relating to Development; approving the Anderson /Johns Final Plat Lots 1 and 2, located west of Camino de Oeste and south of the Camino del Norte alignment (Brian Varney) C5 Resolution No. 2016 -007: Relating to Parks and Recreation; approving and authorizing the Mayor to execute a mobile stage usage agreement between the Town of Marana and Community Food Bank Inc. Council Member Bowen asked if the town is waiving more than the fees such as damage. Ms. Fairall responded that the town is only waiving the fees. The Food Bank must still provide a certificate of insurance, naming the town as additional insured for any damages or injuries or anything that would happen as a result of the stage. That insurance documentation has already been provided. Motion to approve by Council Member Bowen, second by Vice Mayor Post. Passed unanimously 5-0. January 19, 2016 Meeting Minutes 2 Marana Regular Council Meeting 02/02/2016 Page 24 of 49 C6 Resolution No. 2016 -008 Relating to Real Estate; accepting the offer of compensation from the Arizona Department of Transportation for property rights needed for the Ina Road interchange project and authorizing the Town Engineer to execute the purchase agreement, conveyance instruments, and any and all other associated documents (Frank Cassidy) C7 Approval of January 5, 2016 Regular Council Meeting Minutes (Jocelyn C. Bronson) LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION Al PUBLIC HEARING: Ordinance No. 2016.001 Relating to Development; Approving a rezoning of approximately 155 acres of land located on Linda Vista Boulevard about a mile east of the Interstate 10 /Twin Peaks Road interchange from "R -6" Residential, "R -8" Residential, "C" Large Lot Zone, "F" Cascada Specific Plan and "F" Marana Spectrum Specific Plan to "F" Linda Vista Village at Cascada Specific Plan; approving a minor amendment to the General Plan amending the land use category from Low Density Residential to Master Plan Area; and approving and authorizing the Mayor to sign the "Agreement to Terminate the Talavera Development Agreement" for a portion of the Rezoning Area. Mayor Honea opened the public hearing. Presented by Steve Cheslak. After a brief overview of the project, Mr. Cheslak noted that the applicant met with neighbors twice before the Planning Commission hearing on December 16, 2015. At that meeting, the applicant showed the Commission and staff nine planning areas ranging in size from one to 21 acres with three land uses within those planning areas of employment center, residential and open space. Forty percent of the entire project was open space. They were requesting 851 dwelling units as a maximum, and planning area 2 on the north side was restricted to residential single family to match the Oasis Hills subdivision. At that meeting, the applicant requested to restrict development to a residential use, single family and planning areas 7, 8 and 9. At that time, the Planning Commission made that a rezoning condition. Since that meeting, the applicant has changed the plan and among other things, has reduced the number of units to 693. Staff is recommending approval. Stacey Weaks, for Norris Design, representing Red Point Development, owner of the property, highlighted a few key points in addition to the study session and the neighborhood meeting in December. This is similar to Cascada and marries several of the visionary ideas from that plan. His firm was looking at how the planning would complement the Marana Center and other development opportunities for commercial and tie those into Linda Vista Boulevard and Hartman Vistas. Council Member Comerford asked about the timing of the project. Mr. Weaks stated that the goal of Red Point Development is to move as soon as possible as long as the market stays consistent because of the interest for single family and higher density properties. Robert Chivers spoke, noting that he owns 12 acres south of the eastern portion. His concern and interest is in the many right of ways and easements and ability to provide access to Hartman Estates and surrounding development. Ryan Mahoney addressed Council and noted that staff met with Mr. Chivers prior to this meeting and looked at some of the old county maps that January 19, 2016 Meeting Minutes 3 Marana Regular Council Meeting 02/02/2016 Page 25 of 49 showed a number of easements, none of which appeared to be rights of way. They were small easements that went along the property lines, and they were small easements that would allow access back into properties such as Mr. Chivers. Part of the planning process is to consider access, and with this project to push to access moving south though the sub j ect property down through to their southern boundary, so that ultimately that would come out at Cortaro. Where Mr. Chivers' property sits, he would be able to gain access into that adjacent parcel and ultimately connect in with what we could call a spine road moving down through several properties as they develop so that we don't get into a landlocked situation. Mayor Honea asked if Mr. Chivers currently has access to his property. Mr. Mahoney responded that Mr. Chivers takes access on a variety of easements. As development has occurred, there has been discussion as to the best way to access his property. The maps actually looked fairly convoluted due to the number of easements, but he believes Mr. Chivers still has access to the property. Staff will keep an eye on this as development continues. David Lutz, county resident, spoke in opposition to the rezoning due to the tax impacts of this project and many others in this area on his property. There being no further comments, Mayor Honea closed the public hearing. Council Member Comerford moved to approve, seconded by Vice Mayor Post. Passed unanimously 5-0. A2 Resolution No. 2016 -009 Relating to Heritage; approving and authorizing the Mayor to execute a community partner and license agreement between the Town of Marana and the Marana Heritage Conservancy. Presented by Tony Hunter. This is a new agreement between the parties. The main elements of the agreement are for the Conservancy to occupy and use the Heritage House at the Heritage River Park. Staff believes this is an important step in the overall use of the Park, as it will provide an onsite presence in the Park of a town partner to act as ambassador of the town's heritage and culture. He highlighted several features of the agreement including the use of some of the rooms for special events and the ability of the Conservancy to act as docents to visitors to the park during their operating hours. The town will take on the costs of utilities related to the building. Other costs would be the responsibility of the Conservancy. This is fully in line with an entire focus area of the Strategic Plan. There being no questions, a motion to approve by Council Member Comerford, was seconded by Council Member Bowen and passed unanimously 5-0. A3 Resolution No. 2016 -010 Relating to Development; approving and authorizing the Mayor to execute the Foothills /Tapestry Procedural Development Agreement and Conditional Settlement Agreement for the property located west of Thornydale Road, about a quarter mile north of Moore Road, and about a quarter mile east of Dove Mountain Boulevard. This item was presented by Frank Cassidy as a follow up to the executive session at the last regular meeting. He noted that the attorney for the property owners and the property owner's representatives are available to answer additional questions. The materials provided as background explain the history. There were no substantive changes to the agreement as discussed in executive session. There were some minor details worked out such as the trailhead parking lot issue, but they were not of legal significance. Motion to approve by Council Member Bowen, second by Vice Mayor Post. Passed unanimously 5-0. ITEMS FOR DISCUSSION /POSSIBLE ACTION January 19, 2016 Meeting Minutes 4 Marana Regular Council Meeting 02/02/2016 Page 26 of 49 DI 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. Mr. Davidson reported that there was nothing major to report at this time. Staff will begin tracking bills as they move through the various committees. Along with key staff, he will be attending a meeting with the State Land Commission tomorrow and hopefully will be able to come back with positive news to the Council and the community on developments related to that meeting. EXECUTIVE SESSIONS 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. Vice Mayor Post asked if staff could look into renaming that portion of Luckett Road leading to the veteran's cemetery as John Kai Sr. Road. Council Member Bowen concurred. Mayor Honea asked Mr. Davidson to have staff do the necessary research to do that. ADJOURNMENT. Motion to adjourn by Vice Mayor Post, second by Council Member Bowen. Passed unanimously 5-0. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on January 19, 2016. I further certify that a quorum was present. .. .. Jocelyn C. Bronson, Town Clerk January 19, 2016 Meeting Minutes 5 Marana Regular Council Meeting 02/02/2016 Page 27 of 49 N O 0 / m - tn. A k 4 0 Council - Regular Meeting L1 Meeting Date: 02/02/2016 To: Mayor and Council Submitted For: Jocelyn C. Bronson, Town Clerk From: Suzanne Sutherland, Assistant to the Town Clerk Date: February 2, 2016 Subject: Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a special event liquor license application submitted by Rev. Fr. Virgilio Tabo, Jr. on behalf of Saint Christopher Roman Catholic Parish for Valentine's Day Party to be held on February 13, 2016 (Jocelyn C. Bronson) Discussion: This application is for a special event liquor license on behalf of St. Christopher Roman Catholic Parish for Valentine's Day Party to be held on February 13, 2016. The applicant has also applied for a special event permit from the town, pursuant to Chapter 10 -6 of the Marana Town Code. A special event liquor license is a temporary, non - transferable, on -sale retail privileges liquor license that allows a charitable, civic, fraternal, political or religious organization to sell and serve spirituous liquor for consumption only on the premises where the spirituous liquor is sold and only for the period authorized on the license. Qualifying organizations will be granted a special event license for no more than ten (10) days in a calendar year. Events must be held on consecutive days and at the same location or additional licenses will be required. The license is automatically terminated upon closing of the last day of the event or the expiration of the license, whichever occurs first. The qualified organization must receive at least twenty -five percent (25 %) of the gross revenues of the special events. Pursuant to state law, a person desiring a special event liquor license must request a special event application from the Department of Liquor Licenses and Control (DLLC). The applicant then must file the application with the town for events occurring within the town's limits. The town may then recommend approval or disapproval of the special event liquor license. If the special event liquor license application is approved by the Town Council, and the event Marana Regular Council Meeting 02/02/2016 Page 28 of 49 meets the requirements for granting the license, the director of the DLLC will issue a special event liquor license to the qualifying organization. If the application is disapproved by the Town Council, the DLLC will normally not consider the application. Staff Recommendation: Staff recommends approval of this special event liquor license application. Suggested Motion: OPTION 1: I move to submit to the DLLC a recommendation of approval of the special event liquor license application submitted by Rev. Fr. Virgilio Tabo, Jr. on behalf of Saint Christopher Roman Catholic Parish for Valentine's Day Party. OPTION 2: I move to disapprove the special event liquor license application submitted by Rev. Fr. Virgilio Tabo, Jr. on behalf of Saint Christopher Roman Catholic Parish for Valentine's Day Party. Attachments Special Event Liquor License Application Series Description Special Event Liquor License Marana Regular Council Meeting 02/02/2016 Page 29 of 49 fR Li ��w tir��f Arizona De f 4 partme Liquor Licenses and Control o q 800 W Washington 5th Floor Phoenix, AI 85007-2934 a ° www.azliquor.gov 1 #1ZOV , (602) 542 -5141 APPLICATION FOR SPECIAL EVENT LICENSE Fee= $25.00 per day for 1 -10 days (consecutive) A service fee of $25.00 will be charged for all dishonored checks (A.R.S. § 44 -6852) ... ... ..... ....... ....... -- FOR DLLC USE ONLY Event Date(s): Event time start/end: CSR: License: IMPORTANT INFORMATION: This document must be fully completed or it will be returned. The Department of Liquor Licenses and Control must receive this application ten (10) business days prior to the event. If the special event will be held at a location without a permanent liquor license or if the event will be on any portion of a location that is not covered by the existing liquor license, this application must be approved by the local government before submission to the Department of Liquor Licenses and Control (see Section 15). SECTION i Name of organization St. Christopher Roman Catholic Parish SECTION 2 Non - Profit /IRS Tax Exempt Number 86- 0954915 SECTION 3 The organization is a: (check one box only) E]Charitable[]Fraternal (must have regular membership and have been in existence for over five (5) years) �✓ Religious Civic (Rotary, College Scholarship) OPolitical Party, Ballot Measure or Campaign Committee SECTION 4 Will this event be held on a currently licensed premise and within the already approved premises? ❑Yes [Z ]No Name of Business License Number Phone (include Area Code) SECTION 5 How is this special event going to conduct all dispensing, serving, and selling of spirituous liquors? Please read 8 -19- 318 for explanation (look in special event planning guide) and check one of the following boxes. ❑Place license in non -use ❑Dispense and serve all spirituous liquors under retailer's license ® Dispense and serve all spirituous liquors under special event E]Split premise between special event and retail location (it not using retail license, submit a letter of agreement from the agent/owner of the licensed premise to suspend the license during the event. if the special event Is only using a portion of premise, agent/owner will need to suspend that portion of the premise.) SECTION b What is the purpose of this event? ❑0n -site consumption ❑Offµsite (auction) @B SECTION 7 Location of the Event 5t. Christopher Roman Catholic Parish Address of Location 12101 W. Moore Road Marana, Pima, Arizona 85553 - ---- - - - - -- ---- - - - - -- - -- - -- - - - - -- - - - - - - -- - Street City COUNTY State Zip SECTION 8 Will this be stacked with a wine festival /craft distiller festival? ❑Yes BNo SECTION 9 Applicant must be a member of the qualifying organization and authorized by an Officer, Director or Chairperson of the organization named in Section 1. (Authorizing signature is required in Section 13.) 1. Applicant: Taho, Jr. Rev. Fr. Virgilio March 18, 1077 Last 2. Applicant's mailing address: First Middle Date of Birth 12101 W. Moore Road Marana, Arizona 85053 Street 3. Applicant's home /cell phone ( 520 858 -5034 4. Applicant's email address: .. .......................... City State Zip Applicant's business phone: ( 520 582 - 3035 vtabo @diocesetucson.org 8/13/2015 Page 1 of 4 Marana Regular Council Meeti �jqbq 61 (yuiring ADA accommodations call (602 )542 -9027. Page 30 of 49 SECTION 10 1. Has the applicant been convicted of a felony, or had a liquor license revoked within the last five (5) years? QYes [Z]No ( if yes, attach explanation.) 2. How man sp ecial event licenses have been issued to this location this ear? o v s p v (The number cannot exceed 12 events per year; exceptions under A.R.S. §4W203.02(D).) 3. Is the organization using the services of a promoter or other person to manage the event? []Yes [DNo (If yes, attach a copy of the agreement.) 4. List all people and organizations who will receive the proceeds. Account for 100% of the proceeds. The organization applying must receive 250 of the gross revenues of the special event liquor sales. Attach an additional page if necessary. Name St Christopher Catholic Parish Percentage: 100% Address 12101 W Moore Rd. Marana, Arizona 85553 Street City State Zip Name Percentage: Address Street City State Tip 5. Please read A.R.S. § 4- 203.02 Special event license rules and R19-1-205 Requirements fora Special Event License. Note: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT UNLESS THEY ARE IN AUCTION SEALED CONTAINERS OR THE SPECIAL EVENT LICENSE IS STACKED WITH WINE ZCRAFT DISTILLERY FESTIVAL LICENSE" 6. What type of security and control measures will you take to prevent violations of liquor laws at this event? (List type and number of police/security personnel and type of fencing or control barriers, if applicable.) Number of Police Number of Security Personnel E]Fencing E]Barriers Explanation Event for adults only. Experienced bartender, se lling from behind a bar. SECTION 11 Date (s) and Hours of Event. May not exceed 10 consecutive days. See A.R.S. § 4- 244(15) and (17) for legal hours of service. Date Day of Week DAY is 2 -13 -2016 Saturday DAY 2: DAY 3: DAY 4: DAY 5: DAY b: DAY 7: DAY 8: DAY 9: DAY 10: Event Start Time AM /PM 6:OOPM License End Time AM /PM 12:OOAM 8/13/2015 Page 2 of 4 Marana Regular Council Meetingiv?de?A� �LA�uiring ADA accommodations call (602 )542 -9027. Page 31 of 49 SECTION 12 License premises diagram. The licensed premises for your special event is the area in which you are authorized to sell, dispense or serve alcoholic beverages under the provisions of your license. The following space is to be used to prepare a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades, or other control measures and security position. 8/13/2015 Page 3 of 4 Marana Regular Council Meetjfl(199(e ?6�LA�uiring ADA accommodations call (602 )542 -9027. Page 32 of 49 SECTION 13 To be completed onl b an Officer, Director or Chairperson of the or named in Section 1. Rev. Fr. Vir Tabo, Jr., Pastor declare that I am an OFFICER, DIRECTOR, or CHAIRPERSON (Print Full Name) appointin the applicant listed in Section 9, to appl on behalf of the fore or for a Special Event Li License. X ( Si g nature ) Title/ Position Date Phone # The fore instrument was acknowled before me this State Count of M Commission Expires on,* Date Da Month Year Si of Notar Public SECTION 14 This section is to be completed onl b the applicant named in Section 9. Rev. Fr. Vir Tabo, Jr., Pastor declare that I am the APPLICA (Print Full Name) listed in Section 9. 1 have reac, the application and the contents and all stater co In+,n Suzanne Sutherland Nritarv-P Z his a p1luarrp as Pima aunt Arizona a re 14YkTnQ)c4Q 0S &11-1 X ture) le/ CHlon Date Phone # (Si 4n)b (S ji n The fore instrument was acknowl=ed before me this �J� �� Da Month Year State Count of 0 ?1111� stzg� M Commission Expires on: 0 (Date 4 Si of Notar Public Please contact the local g overnin g board for additional application re and submission deadlines. Additional licensin fees ma also be re before approval ma be g ranted. For more information, please contact y our local j urisdiction: http:ZZwww.azli assets /documents Zhome pa flocs /spec event Ii nks. df SECTION 15 Local Governin Bod Approval Section ( Government Official) (Title) recommend ❑APPROVAL ❑ DISAPPROVAL on behalf of I I I (Cit Town, Count Si Date Phone FOR DEPARTMENT OF LIQUOR LICENSES AND CONTROL USE ONLY ❑APPROVAL ❑ DISAPPROVAL BY: DATE: A.R.S. § 41-1030. Invalidity of rules not made accordin to this chapter: prohibited a action prohibited acts b state employees; enforcement; notice B. An a shall not base a licensin decision in whole or in part on a licensin re or condition that is not specificall authorized b statute, rule or state tribal g amin g compact. A g eneral g rant of authorit in statute does not constitute a basis for imposin a licensin re or condition unless a rule is made pursuant to that g eneral g rant of authorit that specificall authorizes the re or condition. D. THIS SECTION MAY BE ENFORCED IN A PRIVATE CIVIL ACTION AND RELIEF MAY BE AWARDED AGAINST THE STATE. THE COURT MAY AWARD REASONABLE ATTORNEY FEES, DAMAGES AND ALL FEES ASSOCIATED WITH THE LICENSE APPLICATION TO A PARTY THAT PREVAILS IN AN ACTION AGAINST THE STATE FOR A VIOLATION OF THIS SECTION. E. A STATE EMPLOYEE MAY NOT INTENTIONALLY OR KNOWINGLY VIOLATE THIS SECTION. A VIOLATION OF THIS SECTION IS CAUSE FOR DISCIPLINARY ACTION OR DISMISSAL PURSUANT TO THE AGENCY'S ADOPTED PERSONNEL POLICY. F. THIS SECTION DOES NOT ABROGATE THE IMMUNITY PROVIDED BY SECTION 12-820.01 OR 12-820.02. 8/13/2015 Pa 4 of 4 Marana Re Council Meetin 9RX'998§ re ADA accommodations call ( 602 ) 542-9027. Pa 33 of 49 SERIES: 15 SPECIAL EVENT LICENSE (Temporary) Non- transferable On -sale retail privileges Di I101011ecm Allows a charitable, civic, fraternal, political or religious organization to sell and serve spirituous liquor for consumption only on the premises where the spirituous liquor is sold, and only for the period authorized on the license. This is a temporary license. ADDITIONAL RIGHTS AND RESPONSIBILITIES: The applicant for a special event license must request a special event application from the Department and file the application with the governing body of the city or town, or Board of Supervisors of an unincorporated area of a county (where the special event is to take place) for approval or disapproval. Some local governing bodies may require approximately 50 days prior notice. If the application is approved by the local authority, and the event meets the requirements for granting the license, the Director will issue a special event license to the qualifying organization. Qualifying organizations will be granted a special event license for no more than ten (10) days in a calendar year. Events must be held on consecutive days and at the same location or additional licenses will be required. The license is automatically terminated upon closing of the last day of the event or the expiration of the license, whichever occurs first. The qualified organization must receive at least twenty -five percent (25 %) of the gross revenues of the special event liquor sales. A person selling spirituous liquor under a special event license must purchase the spirituous liquor from the holder of a license authorized to sell off -sale; except that, in the case of a non- profit organization which has obtained a special event license for the purpose of charitable fund raising activities, a person may receive the spirituous liquor from a wholesaler as a donation. AVERAGE APPROVAL TIME: one (1) to seven (7) days. PERIOD OF ISSUANCE: Issued for no more than a cumulative total of ten (1 U) days in a calendar year. A special event may be held for more than one (1) day, but it must be held on consecutive days and at the same location or additional licenses will be required. FEES: $25.00 per day. ARIZONA STATUTES AND REGULATIONS: ARS 4- 283w02 4 -244 4 -261; Rule R19 -1-228, R19 -1 -235 R19-1-309m Disabled Individuals requiring special accommodations please call (002) 542 -9027 Marana Regular Council Meeting 02/02/2016 Page 34 of 49 N O 0 / m - tn. A k T ) N N. Council - Regular Meeting Meeting Date: 02/02/2016 To: Mayor and Council Submitted For: Jamsheed Mehta, Deputy Town Manager From: Jane Fairall, Deputy Town Attorney Date: February 2, 2016 Strategic Plan Focus Area: Not Applicable At Subject: Ordinance No. 2016.002: Relating to Finance; exempting Town -owned projects from certain Town of Marana fees (Jamsheed Mehta) Discussion: Each year during the budget process, the Town Council adopts updates to the Town's comprehensive fee schedule. In addition, the Council has adopted an amended building plan review and building permit fee schedule and fee calculation method via adoption of Ordinance No. 2011.15 in June 2011. These fee schedules impose development services, building plan review, permit and other fees on all projects being built within the Town. The proposed ordinance will clarify that Town projects, i.e. building projects where the Town is the owner - such as the new police facility, new structures in Town parks, or remodeling of existing Town facilities, will be exempted from paying fees included within the comprehensive fee schedule or the building plan review and permit fee schedule. This will eliminate the need to shift funds within the general fund from one budget line item to another. Further, the project's bid price may be reduced as the contractor's overhead charges will not apply to the Town's review, permit and inspection fees. The exemption will not apply to the following: 1 Permitting and other project fees that are specifically funded by grants or other non -Town funding sources. 2. Fees that are paid into or out of a Town enterprise fund. 3. Projects that are on Town -owned property but where the Town is acting in its proprietary capacity and not as the owner of the project. Marana Regular Council Meeting 02/02/2016 Page 35 of 49 4 - Any and all development impact fees adopted by the Town. In the four instances noted above, the fees will still be imposed as per the applicable fee schedules. The ordinance also states that regardless of the waiver of fees, all Town projects are still required to go through the Town's normal review and permitting process to ensure consistent and safe standards. Financial Impact: On Town project's, the bid price will be reduced as the contractor's overhead charges will not apply to the Town's review, permit and inspection fees. Staff Recommendation: Staff recommends approval of the proposed ordinance. Suggested Motion: I move to adopt Ordinance No. 2016.002, exempting Town -owned projects from certain Town of Marana fees. Attachments Ordinance No. 2016.002 Marana Regular Council Meeting 02/02/2016 Page 36 of 49 MARANA ORDINANCE NO. 20169002 RELATING TO FINANCE; EXEMPTING TOWN -OWNED PROJECTS FROM CERTAIN TOWN OF MARANA FEES WHEREAS the Town Council is authorized by A.R.S. § 9- 240(A) to control the finances of the Town; and WHEREAS the Town Council has adopted a comprehensive fee schedule for the Town which includes various fees that apply to development and building projects within the Town; and WHEREAS the Town Council, via Ordinance No. 2011.015, adopted an amended building plan review and building permit fee schedule on June 21, 2011, which was made a public record by and attached as Exhibit A to Resolution No. 2011 -065; and WHEREAS the Town Council finds that exempting Town -owned projects from certain Town of Marana fees as set forth in this ordinance is in the best interests of the Town and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. Except as set forth otherwise herein, Town -owned projects are hereby exempted from any and all applicable Town of Marana fees included in the Town's comprehensive fee schedule as adopted by the Town Council and amended from time to time and from building plan review fees and building permit fees adopted via Ordinance No. 2011.015 as they may be amended from time to time. Notwithstanding the waiver of these fees, Town projects shall still be required to go through the Town's normal review and permitting process. SECTION 2. The exemption set forth in section 1 of this ordinance shall not apply to the following: A. Permitting and other project fees that are specifically funded by grants or by other non -Town funding sources. B. Fees that are paid into or out of a Town enterprise fund, as those funds are defined in the Town's legally adopted budget. C. Projects that are on Town -owned property but where the Town is acting in its proprietary capacity and not as the owner of the project. 00044646.DOCX /4 Marana Ordinance No. 2016.002 - 1 - Marana Regular Council Meeting 02/02/2016 Page 37 of 49 D. Any and all development impact fees adopted by the Town. SECTION 3. The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance. SECTION 4. All ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the Council in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance. SECTION 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this ordinance. SECTION 6. This ordinance is administrative, and shall be effective immediately. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 2nd day of February, 2016. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk 00044646.DOCX /4 Marana Ordinance No. 2016.002 -2- Marana Regular Council Meeting 02/02/2016 APPROVED AS TO FORM: Frank Cassidy, Town Attorney Page 38 of 49 N O 0 / m - tn. A k 4 0 Council - Regular Meeting A2 Meeting Date: 02/02/2016 To: Mayor and Council From: Gilbert Davidson, Town Manager Date: February 2, 2016 Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2016 -012 Relating to Facilities; posting a portion of Luckett Road as "John Kai Sr. Memorial Roadway" (Gilbert Davidson) Discussion: At the January 19th Regular Council Meeting, Vice Mayor Jon Post requested an item for future Council consideration related to honoring John Kai Sr. and the Kai Family Foundation for its contributions to Marana, in particular the donation of land to create the Marana Veteran's Cemetery. Staff reviewed the request and identified a way to honor John Kai, Sr. and the land donation by designating the stretch of Luckett Road, north of Marana Road to the new Veteran's Cemetery as the "John Kai Sr. Memorial Roadway". If approved, staff will proceed with signage design, ordering the signs and having the signs installed. The goal will be to have the signs in place prior to the Veteran's Cemetery dedication ceremony. Financial Impact: Fiscal Year: 2015 -16 Budgeted Y/N: N Amount: $2,000 The cost of this item will be absorbed within existing budgetary authorization and capacity. Staff Recommendation: Marana Regular Council Meeting 02/02/2016 Page 39 of 49 The creation of a veteran's cemetery in the Marana community is a special development and a place that brings families together for critically important moments to honor the life and service of someone who served this nation. The Kai land donation helped to make this a possibility for the Marana community. Staff supports this recognition and is committed to making sure an appropriate signage feature is established to recognize the Kai family. Suggested Motion: I move to adopt Resolution No. 2016 -012, posting a portion of Luckett Road as "John Kai Sr. Memorial Roadway." Attachments Resolution No. 2016 -012 Marana Regular Council Meeting 02/02/2016 Page 40 of 49 MARANA RESOLUTION NO. 2016-012 RELATING TO FACILITIES; POSTING A PORTION OF LUCKETT ROAD AS "JOHN KAI SR. MEMORIAL ROADWAY" WHEREAS John Kai, Sr. was a founding father of Marana; and WHEREAS John Kai, Sr. farmed throughout the Marana area including lands adjacent to Luckett Road north of Marana Road; and WHEREAS, to serve the new Marana Veterans Cemetery, the Town has recently com- pleted construction of a Luckett Road extension through the lands formerly farmed by John Kai, Sr. and still farmed by members of the Kai family; and WHEREAS the Marana Town Council desires to honor the memory of John Kai, Sr. to commemorate the significant contributions he made to the Marana community. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the portion of Luckett Road located north of Marana Road is hereby designated as "John Kai Sr. Memorial Roadway." IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and authorized to undertake all tasks required or beneficial to carry out the terms, obligations, condi- tions and objectives of this resolution, including the posting of appropriate signage along Luckett Road. IT IS FURTHER RESOLVED that the name of the road for all official and addressing purposes shall remain Luckett Road. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 2nd day of February, 2016. ATTEST: Jocelyn C. Bronson, Town Clerk 00044997.DOCX /2 Marana Resolution No. 2016 -012 Marana Regular Council Meeting 02/02/2016 Mayor Ed Honea APPROVED AS TO FORM: Frank Cassidy, Town Attorney - 1 - 1/27/2016 1:47 PM Page 41 of 49 N O 0 / m - tn. A k 4 0 Council - Regular Meeting Meeting Date: 02/02/2016 To: Mayor and Council From: John Kmiec, Utilities Director Date: February 2, 2016 Strategic Plan Focus Area: Community Subject: Resolution No. 2016 -013: Relating to Utilities; approving Marana Water Department water service area maps (John Kmiec) Discussion: D1 On June 15, 2010, Mayor & Council provided direction to Marana Water (Marana Utilities at the time) on a water service area policy. This direction authorized Marana Water to extend water service to anyone within the Town boundaries not currently within a defined water service area. It also provided that anyone wishing to establish service outside of the Town must first be annexed into the Town to have access to water service, unless they are already within a Marana Water service area or intended service area. Since Marana Water currently serves several areas outside the town limits, further definition of a water service policy is necessary to ensure proper policy response for those water service areas. Staff has reviewed the acquisition documents for the original water service areas outside the town limits. Upon review of those documents and review of the infrastructure requirements to ensure safe and efficient water service within those geographic areas, staff is recommending the adoption of parcel boundary maps to clearly identify who may be eligible for Marana Water service in the future. Master water service area maps of the area served and eligible for service by Marana Water Department and detailed maps of the same area are included as exhibits to the resolution. These maps, upon approval, will allow staff to quickly determine if a requesting party located outside the town limits could be eligible for water service by the Marana Water Department. Mapped areas depicted in dark blue are existing Marana Water Department water customers, and areas depicted in light blue are eligible for water service by the Marana Water Department. Marana Regular Council Meeting 02/02/2016 Page 42 of 49 Staff Recommendation: Staff recommends adoption of Resolution 2016 -013, approving the Marana Water Department water service area maps. Suggested Motion: I move to adopt Resolution 2016 -013, approving the Marana Water Department water service area maps. Attachments Resolution No. 2016 -013 Water Main Service Map Cortaro Ranch Water Area Palo Verde Water Area Saguaro Springs Water Area Picture Rocks Water Area Marana Regular Council Meeting 02/02/2016 Page 43 of 49 MARANA RESOLUTION NO. 2016-013 RELATING TO UTILITIES; APPROVING MARANA WATER DEPARTMENT WATER SERVICE AREA MAPS WHEREAS the Town of Marana desires to adopt official water service area maps at a scale sufficient to identify parcel boundaries, to clearly identify who is eligible for water service from the Marana Water Department; and WHEREAS the Mayor and Council of the Town of Marana find that this resolution is in the best interests of the Town of Marana and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. The water service area maps attached as Exhibit A to and incorporated by this reference in this resolution are hereby adopted as the Town's "Water Service Area Maps." SECTION 2. The parcels identified in light blue and dark blue on the Water Service Area Maps are eligible to receive water service from the Marana Water Department, provided the applicant for water service pays all applicable fees existing as of the date of the service request and constructs all necessary water line extensions and water infrastructure at the applicant's cost in a manner consistent with Title 14 of the Marana Town Code. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 2 nd day of February, 2016. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk 00044992.DOCX /1 Marana Resolution No. 2016 -013 Marana Regular Council Meeting 02/02/2016 APPROVED AS TO FORM: Frank Cassidy, Town Attorney 1/27/2016 9:31 AM FJC Page 44 of 49 PINAL AIRPARK RD HARDIN RD MARANA RD MIDIO E RD y TANGERINE RD ° s <` z v v F,S,eF<< M y 0 o a �p v D AVRA VALLEY RD r AVRA VALLEY D m IN PEAKS R LINDA ISTA ORTA F RMS RD INA RD Ll Al GE GROVE RD Marana Regular Council Meeting 02/02/201 I RANA ZaN WATER SERVICE AREAS Water Company Lynn Lee Water Co. Avra Marana Water Utility Existing Marana Intended Service Area Tucson Water Metro Oro Valley Water Utility Service Area Rancho Del Conejo Tucson Water Contracted Areas Marana Town Limits N w �� > E �; 1�I S 0 1 2 Miles Data Disclaimer The Town of Marana provides this map information "As Is" at the request of the user with the understanding that it is not gu amnteed to be accurate, correct or complete and conclusions drawn from such information are the responsibility ofthe user. In no eventshall The Town of Marana become liable to users of these data, or any other party, forany loss ordirect,, indirect, special, incidental, orconsequential damages, including butnot limited to time, money, or goodwill, arising from the use or modification of the data. Page 45 of 49 l N OF RANA zcN - WATER SERVICE AREAS Water Company Lynn Lee Water Co. Avra Marana Water Utility Existing Marana Intended Service Area Tucson Water Metro Oro Valley Water Utility Service Area Rancho Del Conejo Tucson Water Contracted Areas Marana Town Limits W� N /�' = >E A ` % t w S 0 0.125 0.25 Miles Pa 46 of 49 Q*N o I � y MARANA 7 q RIZaN P WATER SERVICE AREAS Water Company Avra Marana Water Utility Existing Marana Intended Service Area Tucson Water Metro Oro Valley Water Utility Service Area Rancho Del Conejo Tucson Water Contracted Areas Marana Town Limits W� N /�' = >E A ` % tV S Marana Regular Council Meeting 02/02/2016 0 0.25 0.5 Miles Pa 47 of 49 Q*N o I � y MARANA 7 q RIZaN P WATER SERVICE AREAS Water Company Lynn Lee Water Co. Avra Marana Water Utility Existing Marana Intended Service Area Tucson Water Metro Oro Valley Water Utility Service Area Rancho Del Conejo Tucson Water Contracted Areas Marana Town Limits W� N /�' = >E A ` % tV S 0 0.25 0.5 Miles Pa 48 of 49 i NOW t M WATER SERVICE AREAS Water Company Lynn Lee Water Co. Avra Marana Water Utility Existing Marana Intended Service Area Tucson Water Metro Oro Valley Water Utility Service Area Rancho Del Conejo Tucson Water Contracted Areas Marana Town Limits W� N /�' = >E A ` % tV S 0 0.25 0.5 Miles Pa 49 of 49