HomeMy WebLinkAbout06/07/2016 Council Agenda Packet7
MARANA
AI te170
MARANA TOWN COUNCIL
REGULAR COUNCIL MEETING
NOTICE AND AGENDA
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, June 7, 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
June 7, 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 Council Agenda 06/07/2016 Page 1 of 65
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 Council Agenda 06/07/2016 Page 2 of 65
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.
C1 Relating to Development [The Town Council acting as the Floodplain Board]
Relating to Floodplain Management; report to Floodplain Board and order, as
required by the Marana Land Development Code and Federal Regulations,
concerning the correction of a prior floodplain violation on property located at 13561
N. Sandra Road (Keith Brann)
C2 Resolution No. 2016 -054: Relating to Public Works; authorizing Town staff to
acquire by negotiation or condemnation the temporary construction easements
needed for the Camino Martin /Jeremy Place Roadway Reconstruction Project, Town
of Marana Project No. ST033, and authorizing the Town Engineer to sign all related
documents (Frank Cassidy)
C3 Resolution No. 2016 -055: Relating to Community Development; approving and
authorizing the Mayor to execute an Intergovernmental Cooperative Agreement
between Pima County and the Town of Marana for the Community Development
Block Grant (CDBG) Program and Home Investment Partnership Program for
federal fiscal years 2017 -2019 (Lisa Shafer)
C4 Resolution No. 2016 -056: Relating to Municipal Court; ratifying the appointment of
Patrick Moran as a temporary magistrate pro tempore for the Marana Municipal
Court (Caine Sklar)
CS Resolution No. 2016 -057: Relating to Public Works; Authorizing the Town Manager
to sign joint trench agreements on behalf of the Town of Marana for the Tangerine
Road Corridor Project, Town of Marana Project No. ST021 (Frank Cassidy)
C6 Approval of May 17, 2016 Study Session Meeting Minutes and May 17, 2016
Regular Council Meeting Minutes (Jocelyn C. Bronson)
LIQUOR LICENSES
Marana Council Agenda 06/07/2016 Page 3 of 65
L1 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor
Licenses and Control regarding a special event liquor license application submitted
by Patrick Nilz on behalf of the Marana Heritage Conservancy for the 4th of July
celebration to be held on July 4, 2016 (Jocelyn C. Bronson)
BOARDS, COMMISSIONS AND COMMITTEES
COUNCIL ACTION
Al Resolution No. 2016 -058: Relating to Animal Control; approving and authorizing the
Mayor to execute Amendment No. O 1 to the existing intergovernmental
agreement between the Town of Marana and Pima County for the provision of
animal control services within the Town of Marana (Lisa Shafer)
ITEMS FOR DISCUSSION /POSSIBLE ACTION
D1 Relating to Legislation and Government Actions; discussion and possible action
regarding all pending state, federal, and local legislation /government actions and on
recent and upcoming meetings of the other governmental bodies (Gilbert Davidson)
EXECUTIVE SESSIONS
Pursuant to A.R. S. § 38-431.03, the Town Council may vote to go into executive session,
which will not be open to the public, to discuss certain matters.
E1 Executive Session pursuant to A.R.S. §38- 431.03 (A)(3), Council may ask for
discussion or consultation for legal advice with the Town Attorney concerning any
matter listed on this agenda.
FUTURE AGENDA ITEMS
Notwithstanding the mayor's discretion regarding the items to be placed on the agenda, if
three or more Council members request that an item be placed on the agenda, it must be
placed on the agenda for the second regular Town Council meeting after the date of the
request, pursuant to Marana Town Code Section 2- 4 -2(B).
ADJOURNMENT
Marana Council Agenda 06/07/2016 Page 4 of 65
W f '
7
i 10 T(3S_.T 1; -
Council - Regular Meeting C1
Meeting Date: 06/07/2016
To: Mayor and Council
From: Keith Brann, Town Engineer
Date: June 7, 2016
Strategic Plan Focus Area:
Not Applicable
Subject: Relating to Development [The Town Council acting as the Floodplain Board] Relating
to Floodplain Management; report to Floodplain Board and order, as required by the
Marana Land Development Code and Federal Regulations, concerning the correction of
a prior floodplain violation on property located at 13561 N. Sandra Road (Keith Brann)
Discussion:
On February 17, 2015, staff reported to the floodplain board that a floodplain violation had
occurred at 13 561 N Sandra Road. Specifically, grading had occurred that had diverted a locally
regulated wash to the detriment of adjacent properties. The floodplain board directed the
floodplain administrator to resolve the violation.
The property owner worked swiftly to open a breach in the earthwork subject to the violation that
would allow the natural drainage pattern to reassert itself. Over the past year, the property owner
has reworked the property with the aid of an engineer.
At this time, staff is reporting that the floodplain violation has been abated as directed by the
floodplain board.
Staff Recommendation:
No further action is required
Suggested Motion:
Information only, no motion is required
Marana Council Agenda 06/07/2016 Page 5 of 65
Attachments
No files) attached.
Marana Council Agenda 06/07/2016 Page 6 of 65
f '
9
7
i 10 T(3S_.T 1; -
Council - Regular Meeting C2
Meeting Date: 06/07/2016
To: Mayor and Council
From: Frank Cassidy, Town Attorney
Date: June 7, 2016
Strategic Plan Focus Area:
Community
Strategic Plan Focus Area Additional Info:
Community Principle Statement 3/ We will invest in awell- managed government that provides
reliable services and quality amenities for citizens and businesses. Initiative 12 (part): Align future
infrastructure expansion with planned and /or complementary capital improvement projects.
Subject: Resolution No. 2016 -054 Relating to Public Works; authorizing Town staff to acquire
by negotiation or condemnation the temporary construction easements needed for the
Camino Martin /Jeremy Place Roadway Reconstruction Project, Town of Marana
Project No. ST033, and authorizing the Town Engineer to sign all related documents
(Frank Cassidy)
Discussion:
If approved, this resolution authorizes staff to obtain the temporary construction
easements (TCEs) the Town needs for the Camino Martin Project (ST033). According to the most
current plans, the Town needs to acquire seven TCEs containing a cumulative total of 6,275
square feet of land. All of the TCEs are located north of Jeremy Place and just south of Ina Road.
Independent fee appraisals for public works acquisitions typically run about $2,500 each. The
cumulative compensation to be paid for all seven TCEs under the approach proposed by this
resolution is expected to total less than $3,000, if the anticipated three -month construction period
for the project holds true. So staff has chosen to bring this resolution to Council without first
obtaining independent fee appraisals.
Staff proposes, and the draft resolution authorizes, to pay a flat $300 payment to each of the seven
properties containing TCEs, to compensate property owners for their probable out -of- pocket costs
for reviewing the paperwork. In addition, the resolution proposes to pay a 50 cent per- square -foot
Marana Council Agenda 06/07/2016 Page 7 of 65
"rental" rate per year, prorated to the number of months each of the TCEs is used for the project.
The project is expected to take about three months to complete.
The 50 cent per- square -foot "rental" rate was calculated using a recent ADOT independent fee
appraisal for the Town's Marana Operations Center parcel, located less than a mile west of the Ina
Road /Camino Martin intersection. ADOT's independent fee appraiser valued the land at between
$5.30 and $6.52 per square foot, with the mean at $6.13 per square foot. Applying an estimated
annual rental /lease rate of 8% of fair market value to the $6.13 mean fair market value figure
results in a per- square -foot annual rental of just under 50 cents per square foot.
The proposed resolution authorizes Town staff to pursue condemnation proceedings to acquire
any TCEs that cannot be obtained by negotiation. Town staff may also return to the Council for
additional authorization, if appropriate and necessary.
Financial Impact:
Fiscal
2016
Year:
Budgeted
Y
Y/N:
Amount:
$3,000
(approximate)
Staff Recommendation:
Staff recommends adoption of Resolution 2016 -054, authorizing Town staff to acquire by
negotiation or condemnation the temporary construction easements needed for the Camino
Martin /Jeremy Place Roadway Reconstruction Project, and authorizing the Town Engineer to sign
all related documents.
Suggested Motion:
I move to adopt Resolution 2016 -054, authorizing Town staff to acquire by negotiation or
condemnation the temporary construction easements needed for the Camino Martin /Jeremy Place
Roadway Reconstruction Project, and authorizing the Town Engineer to sign all related
documents.
Attachments
Resolution No. 2016 -054
Marana Council Agenda 06/07/2016 Page 8 of 65
MARANA RESOLUTION NO. 2016-054
RELATING TO PUBLIC WORKS; AUTHORIZING TOWN STAFF TO ACQUIRE BY
NEGOTIATION OR CONDEMNATION THE TEMPORARY CONSTRUCTION
EASEMENTS NEEDED FOR THE CAMINO MARTIN /JEREMY PLACE ROADWAY
RECONSTRUCTION PROJECT, TOWN OF MARANA PROJECT NO. ST033, AND
AUTHORIZING THE TOWN ENGINEER TO SIGN ALL RELATED DOCUMENTS
WHEREAS the Town of Marana is finalizing plans and preparations for the construction
of the Camino Martin/Jeremy Place Roadway Reconstruction Project, Town of Marana Project
No. ST033, (the "Camino Martin Project "); and
WHEREAS the Town of Marana needs to acquire certain temporary construction ease-
ments for the Camino Martin Project, (the "Needed TCEs "); and
WHEREAS the construction plans for the Camino Martin Project are sufficiently final-
ized for the Needed TCEs to be specifically identified on a parcel by parcel basis; and
WHEREAS the anticipated cost to obtain independent fee appraisals for the Needed
TCEs far exceeds their probable value; and
WHEREAS this resolution's expenditure authorization provides a reasonable per - parcel
payment to compensate property owners for their probable out -of- pocket costs for reviewing the
paperwork plus a per- square -foot "rental" rate the Council finds is reasonable based on probable
land values in the area for the Needed TCEs themselves; and
WHEREAS the Mayor and Council of the Town of Marana find that the acquisition or
condemnation of the Needed TCEs is necessary for the public health, safety and welfare of the
citizens of Marana.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Ma-
rana, Arizona, as follows:
Section 1. The particular temporary construction easements that constitute the "Needed
TCEs" are those set forth on the plan set prepared by the engineering firm EPS GROUP entitled
" CAMINO MARTIN /JEREMY PL ROADWAY RECONSTRUCTION PROJECT[,] MARA-
NA PROJECT NO. ST033," the most recent iteration of which is dated April 1, 2016 and bears a
City of Tucson Water Department approval dated March 29, 2016.
Section 2. Town staff is hereby authorized and directed to negotiate the Town's acquisi-
tion of the Needed TCEs Property based on the following parameters:
A. A flat compensation of $300 per parcel, plus
B. Per - square -foot compensation for the Needed TCEs at a "rental" rate of fifty cents per
square foot per year, prorated to the number of months each of the Needed TCEs is used
for the project.
00046740.DOCX /1
Marana Resolution No. 2016 -054
Marana Council Agenda 06/07/2016
-1-
5/17/2016 6:50 PM FJC
Page 9 of 65
Section 3. The Town Manager, Town Engineer, and Town staff are hereby authorized to
execute on the Town's behalf any and all documents necessary to acquire the Needed TCEs as
described in this resolution.
Section 4. If Town staff is unable to acquire the Needed TCEs by negotiation, the Town
Attorney is hereby authorized and directed to bring an action under the power of eminent domain
to acquire the Needed TCEs for just compensation as determined by the Court or jury.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 7 th day of June, 2016.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
00046740.DOCX /1
Marana Resolution No. 2016 -054
Marana Council Agenda 06/07/2016
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
-2-
5/17/2016 6:50 PM FJC
Page 10 of 65
% 1 N1
1
9
7
i 10 T(3S_.T 1; -
Council - Regular Meeting C3
Meeting Date: 06/07/2016
To: Mayor and Council
From: Lisa Shafer, Community Development Director
Date: June 7, 2016
Strategic Plan Focus Area:
Not Applicable
Subject: Resolution No. 2016 -055: Relating to Community Development; approving and
authorizing the Mayor to execute an Intergovernmental Cooperative Agreement
between Pima County and the Town of Marana for the Community Development Block
Grant (CDBG) Program and Home Investment Partnership Program for federal fiscal
years 2017 -2019 (Lisa Shafer)
Discussion:
As a designated "Urban County ", Pima County serves as the sponsoring agency for distribution of
Community Development Block Grant (CDBG) and HOME Program funding under the U.S.
Department of Housing and Urban Development's (HUD) Housing and Community Development
Act of 1974. Every three years, Pima County is required to re- qualify as an Urban County in the
CDBG Program. This re- qualification process requires that Pima County, as the sponsoring
agency, enter into an Intergovernmental Cooperative Agreement with participating jurisdictions to
meet the requirements of HUD's Housing and Community Development Act of 1974.
Incorporated political jurisdictions within the County may elect to either join with the County or
compete for funds in the State of Arizona Small Cities Program. Joining with the County under
this reapplication process automatically qualifies the Town of Marana to participate in the CDBG
and HOME Programs.
In 1987, the Town of Marana signed the first partnership agreement and began receiving CDBG
and HOME funding through Pima County. Funding is currently being used for housing
rehabilitation and emergency repair, neighborhood cleanups, an ADA sidewalk project at the
Heritage Farm, as well as funding a portion of two FTE's for program administration.
Financial Impact:
Marana Council Agenda 06/07/2016 Page 11 of 65
Fiscal Year: 2017
Budgeted Y/N: Y
Amount: $80,000
The awards for FY 2017 have not yet been determined. It is anticipated that the Town will
receive between $75,000 -$ 100,000 for the next fiscal year. There are no matching
funds required under this program.
Staff Recommendation:
Staff recommends that the Town of Marana renew the Intergovernmental Cooperative Agreement
extending the participation in the Urban County Program until June 30, 2019.
Suggested Motion:
I move to adopt Resolution No. 2016 -055, approving and authorizing the Mayor to execute an
Intergovernmental Cooperative Agreement between Pima County and the Town of Marana for
the Community Development Block Grant (CDBG) Program and Home Investment Partnership
Program for federal fiscal years 2017 -2019.
Attachments
Resolution No. 2016 -055
CDBG Cooperative Agreement with Marana 2017 -2019
Marana Council Agenda 06/07/2016 Page 12 of 65
MARANA RESOLUTION NO. 2016-055
RELATING TO COMMUNITY DEVELOPMENT; APPROVING AND AUTHORIZING THE
MAYOR TO EXECUTE AN INTERGOVERNMENTAL COOPERATIVE AGREEMENT
BETWEEN PIMA COUNTY AND THE TOWN OF MARANA FOR THE COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND HOME INVESTMENT
PARTNERSHIP PROGRAM FOR FEDERAL FISCAL YEARS 2017 -2019
WHEREAS the Town of Marana recognizes the need to provide safe, affordable
workforce housing for its citizens; and
WHEREAS Pima County and the Town of Marana may contract for services and enter
into agreements with one another for joint or cooperative action pursuant to A.R.S. § 11 -951 et
seq.; and
WHEREAS it is necessary to enter into an Intergovernmental Cooperative Agreement
( "the Agreement ") to meet the requirements of the Housing and Community Development Act of
1974 and subsequent amendments ( "the Act ") to obtain federal funding for the Community De-
velopment Block Grant Program ( "CDBG ") and the HOME Investment Partnership Program
( "HOME ") for federal fiscal years 2017, 2018 and 2019; and
WHEREAS, County and Town desire to engage in CDBG and HOME housing and
community development activities as an "Urban County" as authorized under the Act; and
WHEREAS, the U.S. Department of Housing and Urban Development ( "HUD ") recom-
mends that awards and expenditures of CDBG and HOME funds be made as an Urban County;
and
WHEREAS the Town Council finds that it is in the best interest of the residents of the
Town of Marana to perform CDBG and HOME housing and community development activities
jointly and pursuant to the provisions of the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. The Intergovernmental Cooperative Agreement between Pima County and
the Town of Marana, attached to and incorporated by this reference in this resolution as
Exhibit A, is hereby approved and the Mayor is hereby authorized to execute it for and on behalf
of the Town of Marana.
SECTION 2. The Town's Manager and staff are hereby directed and authorized to
undertake all other and further tasks required or beneficial to carry out the terms, obligations, and
objectives of the Intergovernmental Cooperative Agreement.
00046919.DOCX /1
Marana Resolution No. 2016 -055 - 1 -
Marana Council Agenda 06/07/2016
Page 13 of 65
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 7th day of June, 2016.
ATTEST:
Mayor Ed Honea
APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney
00046919.DOCX /1
Marana Resolution No. 2016 -055 -2-
Marana Council Agenda 06/07/2016
Page 14 of 65
PIMA COUNTY COMMUNITY DEVELOPMENT AND
NEIGHBORHOOD CONSERVATION DEPARTMENT
Program /Project Name:
Community Development Block Grant and HOME Investment Partnership
Cooperative Agreement
Awardee:
Town of Marana
115 5 5 W. Civic Center Drive
Marana, AZ 85653
DUNS No.:
098034143
Contract Term:
July 1, 2016 — June 30, 2019
Amount:
No Cost
Funding:
U.S. Department of Housing and Urban Development
Federal Contract No.
N/A
Award Date:
N/A
This Intergovernmental Agreement ( "IGA" or "Agreement ") is entered into by and between Pima County, a
body politic and corporate of the State of Arizona ( "County ") and the Town of Marana, AZ, a municipal
corporation in the State of Arizona ( "Town ") to acknowledge and comply the requirements established by the
U.S. Department of Housing and Urban Development ( "HUD ") for a Cooperative Agreement between
jurisdictions of an Urban County.
RECITALS
A. County may receive HUD Entitlements including Community Development Block Grant ( "CDBG ") funds
from HUD under Title I of the Housing and Community Development Act of 1974, as amended (Public
Law 93 -383) ( "the Act ") and under the HOME Investment Partnership Program ( "HOME ") for federal
fiscal years 2017, 2018, and 2019.
B. With cooperation of Town and other incorporated jurisdictions within Pima County, County receives and
agrees to utilize these CDBG, HOME and other applicable HUD funds as an Urban County and must,
therefore, enter into a Cooperative Agreement for undertaking activities using such funds.
C. County and Town may contract for services and enter into agreements with one another for joint or
cooperative action pursuant to A.R.S. § 11 -951 et seq.
D. Both County and Town are authorized by law to engage in affordable housing and community
development activities.
E. The Pima County Board of Supervisors and the Marana Town Council both find that it is in the best
interests of their residents, to enter into this IGA to engage in CDBG and HOME affordable housing and
community development activities pursuant to the provisions of this IGA.
F. Pima County is designated as an Urban County and will act as the sponsoring agency to administer and
implement the terms and conditions of the CDBG and HOME grants in accordance with applicable
federal, state and local laws.
NOW THEREFORE, COUNTY and Town, pursuant to the above, and in consideration of the matters and
things hereinafter set forth, do mutually agree as follows:
Marana Council Agenda 06/07/2016 Page 15 of 65
1.0 TERM, EXTENSIONS AND AMENDMENTS
1.1 This Agreement, will commence on July 1, 2016 and will terminate on June 30, 2019 unless sooner
terminated or further extended pursuant to the provisions of this Agreement. This Agreement covers
CDBG and HOME funding for federal fiscal years 2017, 2018 and 2019.
1.2 This Agreement may be amended to extend the term in order to:
1.2.1 Complete activities funded, but not completed;
1.2.2 Expend Program Income ( "PI ") received, but not expended prior to the termination date; or
1.2.3 To continue the Agreement for additional three (3) year periods.
1.3 Any modification or extension of the contract termination date must be by formal written amendment
executed by the parties hereto.
1.4 Any amendments to the Agreement must be approved by the County before any services under the
amendment commences.
1.5 The terms of this Agreement will survive and remain in effect during any period that Town has control
over CDBG or HOME funds, including program income.
1.6 The parties agree that fully executed amendment(s) to this IGA will be entered into as required or
necessary to:
1.6.1 Implement a detailed and formulated comprehensive plan and program for CDBG and HOME
activities;
1.6.2 Comply with any grant agreement received from HUD;
1.6.3 Comply with the regulations issued pursuant to the Act;
1.6.4 To meet the requirements for Cooperative Agreements set forth in the Urban County
Qualification Notice applicable for the year in which the next qualification of the Urban County
is scheduled.
2.0 SCOPE OF SERVICES
2.1 Urban County The parties acknowledge and agree that Pima County is an Urban County as established
in the Urban County Qualification Notice. As recipient of the CDBG and HOME funds on behalf of the
Urban County, County is the designated sponsoring agency.
2.2 County obi ations County will perform activities required of a sponsoring agency, including, but not
limited to:
2.2.1 Administer and implement the CDBG and HOME programs for both County and Town;
2.2.2 Assume full responsibility for:
2.2.2.1 The execution of any grant agreement received pursuant to the Community
Development and Housing Consolidated Plan approved pursuant to 24 CFR Part 91
( "the Consolidated Plan ")
2.2.2.2 The execution of the housing and community development programs;
2.2.2.3 Performance pursuant to the Consolidated Plan;
2.2.2.4 Ensuring the Town takes actions necessary for accomplishment of the community
development program; and
2.2.2.5 Meeting applicable federal legislation and regulations and state and local laws.
2.2.3 Assume all the obligation of applicant for:
Marana Council Agenda 06/07/2016 Page 16 of 65
2.2.3.1 Assistance under the Act and any subsequent amendments;
2.2.3.2 Three -year certifications as required by HUD; and
2.2.3.3 The Consolidated Plan.
2.2.4 Plan and undertake community development projects in unincorporated Pima County and within
the boundaries of the Town of Marana;
2.2.5 In consultation with Town and other participating jurisdictions, prepare the Consolidated Plans
as required by HUD; and
2.2.6 Prepare the required amendment(s) to the IGA, as set forth in paragraph 1.6 and provide to Town
for execution.
2.3 Town Obliyations
2.3.1 As part of the Urban County, Town agrees that County is delegated the power to plan and
undertake community development projects within its jurisdiction and that County will have the
final responsibility for selecting all CDBG and HOME projects in accordance with the approved
Consolidated Plan.
2.3.2 Pursuant to 24 CFR §570.501(b), Town is subject to the same requirements applicable to
subrecipients, including the requirement for a written agreement set forth in 24 CFR § 570.503
2.3.3 Upon execution of this IGA, Town will:
2.3.3.1 Not apply for CDBG funds from the State of Arizona Small Cities Program;
2.3.3.2 Not participate in a HOME consortium, except through the Urban County during the
period in which it is participating in the Urban County's CDBG Program;
2.3.3.3 Fully cooperate with County in all CDBG and HOME efforts under this IGA;
2.3.3.4 Assist County in doing and all things required or appropriate to comply with the
provisions of any grant agreement received by County pursuant to the Act and its
regulations;
2.3.3.5 Undertake, or assist in undertaking, community renewal and low- and moderate -
income housing assistance activities if, at any time, County lacks authority to perform
such an activity within the Town's boundaries; and
2.3.3.6 Not take any actions to impede County's compliance with the Urban County Fair
Housing Certification.
2.4 MutualObliyations
2.4.1 The primary objective of Title I of the Act is to develop viable urban communities by providing
decent housing and suitable living environments and expanding opportunities. These efforts will
principally be accomplished for the benefit of persons of low- and moderate - income, as defined
by HUD.
2.4.2 Town and County cooperate in undertaking community renewal and low- and moderate - income
housing assistance activities, specifically urban renewal and publicly assisted housing in
qualifying areas.
2.4.3 Consolidated Plan To qualify for funds under the Act, a Consolidated Plan must be submitted to
and approved by HUD.
2.4.3.1 Town and County will cooperate in the development of the required Consolidate Plans
for submission to HUD.
Marana Council Agenda 06/07/2016 Page 17 of 65
2.4.3.2 Town and County agree to abide by the terms and conditions of any approved
Consolidated Plan for housing and community development activities as submitted to
HUD.
2.4.3.3 Neither Town nor County will have the power to veto or otherwise restrict or withhold
the support given by County or Town to the activities proposed in the Consolidated
Plan for any program year covered by this IGA.
2.4.4 Civil Riyhts Demonstrations Within their respective jurisdictions, Town and County:
2.4.4.1 Have adopted and are enforcing policies prohibiting the use of excessive force by law
enforcement agencies against any individuals engaged in non - violent civil rights
demonstrations; and
2.4.4.2 Have a policy of enforcing applicable State and local laws against physically barring
entrance to or exit from a facility or location which is the subject of such non - violent
civil rights demonstrations.
2.5 Failure by either party to adopt an amendment to this Agreement incorporating all changes necessary to
meet the requirements for Cooperation Agreements set forth in the Urban County Qualification Notice
applicable for the year in which the next qualification of the Urban County is scheduled will
automatically terminate this Agreement following the expenditure of all CDBG and HOME funds
allocated for use in Town's jurisdiction.
3.0 FUNDING
3.1 The terms of this IGA will apply to Town if, and only if, Town requests and receives CDBG or
HOME funding awarded to the Urban County for activities within the boundaries of Town under
the terms of this IGA.
3.2 In the event that Town does not comply with a federal prerequisite in order for funds to be expended in
its jurisdiction, Town's share will be allocated by County to other entities who qualify under the
provisions of the Act.
3.3 County will not provide CDBG or HOME funds to Town, if Town does not affirmatively further fair
housing within its own jurisdiction.
3.4 Nothing in this IGA will be construed as limiting in any manner the powers of either party to initiate and
complete a local project within its respective jurisdiction with its own funds.
4.0 INSURANCE
Town and County will maintain commercial general liability — occurrence form, automobile liability, and
worker's compensation and employer's liability insurance, or be self - insured, in amounts sufficient to cover
any claims, whether or not due to negligence, which may arise in the performance of the activities set forth in
this IGA.
5.0 INDEMNIFICATION
Each party (as Indemnitor) agrees to indemnify, defend and hold harmless the other party (as Indemnitee)
from and against any and all claims, losses, liability, costs or expenses (including reasonable attorney's fees)
(hereinafter collectively referred to as "claims ") arising out of bodily injury of any person (including death) or
property damage, but only to the extent that such claims which result in vicarious /derivative liability to the
Indemnitee, are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its
officers, agents, employees, or volunteers.
Marana Council Agenda 06/07/2016 Page 18 of 65
6.0 COMPLIANCE WITH LAWS
6.1 Town and County will carry out all CDBG and HOME funded activities under this IGA in accordance
with all federal, state, and local laws, rules, regulations, standards and Executive Orders, without
limitation to those designated within this Agreement. The laws and regulations of the State of Arizona
will govern the rights of the parties, the performance of this Agreement, and any disputes hereunder.
Any action relating to this Agreement must be brought in a court of the State of Arizona in Pima County.
Any changes in the governing laws, rules, and regulations during the terms of this Agreement will apply,
but do not require an amendment.
6.2 Town and County will comply with the requirements of 24 CFR 570, including subpart K of these
regulations, except Town does not assume:
6.2.1 County's environmental responsibilities described in 24 CFR 570.604; and
6.2.2 County's responsibility for initiating the review process under the provisions of 24 CFR Part 52.
6.3 Town and County each warrant that CDBG and HOME funds provided or personnel employed in the
administration of the program funded under this Agreement will not be used for:
6.3.1 Political activities;
6.3.2 Inherently religious activities;
6.3.3 Lobbying;
6.3.4 Political patronage; or
6.3.5 Nepotism activities.
6.4 In the administration and management of CDBG and HOME projects undertaken within the Town of
Marana, Town and County will comply with the applicable provisions of:
6.4.1 Title VI of the Civil Rights Act of 1964;
6.4.2 Fair Housing Act;
6.4.3 Sections 104(b) and 109 of Title I of the Housing and Community Development Act of 1974.
6.4.4 National Environmental Policy Act,
6.4.5 Uniform Relocation Act,
6.4.6 Section 504 of the Rehabilitation Act of 1973; and
6.4.7 All rules and regulations applicable to the Acts set forth above.
6.5 Town and County will affirmatively further fair housing within their respective jurisdictions.
6.6 Town will fully cooperate with County, HUD and any other federal agency in the review and
determination of compliance with the above provisions.
7.0 ASSIGNMENT
Neither party will not assign its rights to this Agreement in whole or in part, without prior written approval of
the other party. This IGA will be binding upon the parties hereto, their successors and assignees. Any
assignment of Agreement will be void without the consent of the other party.
8.0 NON - DISCRIMINATION
8.1 Town and County agree to comply with all provisions and requirements of Arizona Executive Order
2009 -09 including flow down of all provisions and requirements to any subcontractors.
Marana Council Agenda 06/07/2016 Page 19 of 65
8.2 During the performance of this contract, Town and County will not discriminate against any employee,
client or any other individual in any way because of that person's age, race, creed, color, religion, sex,
disability or national origin.
9.0 AMERICANS WITH DISABILITIES ACT
Town and County will comply with all applicable provisions of the Americans with Disabilities Act (Public
Law 101 -336, 42 U.S.C. 12101 - 12213) and all applicable federal regulations under the Act, including 28 CFR
Parts 35 and 36. Failure to do so could result in the termination of this Agreement.
10.0 CANCELLATION FOR CONFLICT OF INTEREST
10.1 This Agreement is subject to cancellation for conflict of interest pursuant to ARS § 38 -511, the pertinent
provisions of which are incorporated into this Agreement by reference.
10.2 Subrecipient agrees to comply with all applicable conflict of interest provisions contained in Federal
laws and regulations that govern the awarding agency including 24 CFR 84.42 and 570.611.
11.0 NON - APPROPRIATION
Notwithstanding any other provision in this Agreement, this Agreement may be terminated if for any reason,
there are not sufficient appropriated and available monies for the purpose of maintaining County or other
public entity obligations under this Agreement. In the event of such termination, County will have no further
obligation to Subrecipient, other than for services rendered prior to termination.
12.0 NOTICE
Any notice required or permitted to be given under this Agreement must be in writing and must be served by
delivery or by certified mail upon the other party as follows:
Count
Town
Margaret Kish, Director
Gilbert Davidson, Town Manager
Pima County Community Development and
Town of Marana
Neighborhood Conservation
115 5 5 W. Civic Center Drive
2797 E. Ajo Way
Marana, AZ 85653
Tucson, AZ 85713
13.0 RECORDS
All records of County and of Town related to this IGA, the Consolidated Plan and any projects undertaken
pursuant thereto will, upon reasonable notice, be available for inspection by HUD, County, and /or Town
auditors, during normal business hours.
14.0 REMEDIES
Either party may pursue any remedies provided by law for the breach of this Agreement. No right or remedy is
intended to be exclusive of any other right or remedy and each will be cumulative and in addition to any other
right or remedy existing at law or at equity or by virtue of this Agreement.
15.0 SEVERABILITY
Each provision of this Agreement stands alone, and any provision of this Agreement found to be prohibited by
law will be ineffective to the extent of such prohibition without invalidating the remainder of this Agreement.
Marana Council Agenda 06/07/2016 Page 20 of 65
16.0 ENTIRE AGREEMENT
16.1 This document constitutes the entire agreement between the parties pertaining to the subject matter
hereof.
16.2 No verbal agreements or conversations with any officer, agent or employee of County prior to or after
the execution of this Agreement will affect or modify any of the terms or obligations contained in any
documents comprising this Agreement. Any such verbal agreement will be considered as unofficial
information and in no way binding upon County and all prior or contemporaneous agreements and
understandings, oral or written, are hereby superseded and merged herein.
16.3 This Agreement may be modified, amended, altered or extended only by a written amendment signed by
the parties.
IN WITNESS THEREOF, the parties have affixed their signatures to this Agreement on the date written
below.
THIS AGREEMENT MAY BE EXECUTED IN COUNTPARTS
PIMA COUNTY
Chair, Board of Supervisors
Date:
ATTEST
Clerk of the Board
Date:
APPROVED AS TO CONTENT:
Director, Community Development
and Neighborhood Conservation
TOWN OF MARANA
Ed Honea, Mayor
Date:
ATTEST
Town Clerk
The foregoing Intergovernmental Agreement between Pima County and Town of Marana has been reviewed
pursuant to A.R.S. §11 -952 by the undersigned Deputy County Attorney and the Town of Marana Attorney,
who have determined that it is in proper form and is within the powers and authority granted under the laws of
the State of Arizona to those parties to the Agreement represented by Pima
County and Town of Marana.
PIMA COUNTY.
FOR Karen S. Friar, Deputy County Attorney
Marana Council Agenda 06/07/2016
TOWN OF MARANA:
Frank Cassidy, Town Attorney
Page 21 of 65
OPINION OF DEPUTY COUNTY ATTORNEY
INTERGOVERMENTAL COOPERATIVE AGREEMENT BETWEEN PIMA COUNTY AND TOWN
OF MARANA FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND HOME
INVESTMENT PARTNERSHIP PROGRAM
I am an Attorney at Law admitted to practice in the State of Arizona and a duly appointed Deputy County
Attorney for the County of Pima.
I have examined the Intergovernmental Cooperative Agreement between Pima County and the Town of
Marana for the Community Development Block Grant Program and Home Investment Partnership Program
entered into by and between the County of Pima and the Town of Marana, pursuant to Title I of the Housing
and Community Development Act of 1974, and I am of the opinion that the Agreement has been duly
authorized by the Board of Supervisors of the County of Pima in accordance with State and local legal
requirements.
I am further of the opinion that the names and provisions of the agreement are authorized under state and
local law and that Pima County is authorized to enter into this agreement pursuant to state and local law.
To the best of my knowledge, there is no pending or threatened litigation affecting the implementation of
the Urban Agreement or the ability of the County of Pima to be the applicant for funding as an Urban
County under Title I of the Housing and Community Development Act of 1974, as amended.
FOR Karen S. Friar, Deputy County Attorney
Pima County Attorney's Office
Civil Division
"%tC V 0�0712016 Page 22 of 65
% 1 N1
1
9
7
i 10 T(3S_.T I; -
Council - Regular Meeting C4
Meeting Date: 06/07/2016
To: Mayor and Council
From: Laine Sklar, Town Magistrate
Date: June 7, 2016
Strategic Plan Focus Area:
Not Applicable
Subject: Resolution No. 2016 -056: Relating to Municipal Court; ratifying the appointment of
Patrick Moran as a temporary magistrate pro tempore for the Marana Municipal Court
(Caine Sklar)
Discussion:
The Marana Town Code provides that the Town Council may appoint special magistrates or
acting magistrates, also known as magistrates pro tempore, for the purposes of hearing a particular
case or acting as the Town Magistrate in the Town Magistrate's absence. Additionally, Section
1 -305 of the Arizona Code of Judicial Conduct requires that judges responsible for appointing or
recommending appointment of judicial officers adopt procedures for making those appointments.
Laine Sklar, Town Magistrate, has adopted such procedures and those procedures provide that if
the need arises, the Town Magistrate may appoint temporary part -time magistrates pro tempore to
serve on an as- needed basis until such time as a formal recruitment can be completed. The
procedures also provide that temporary appointments shall be ratified by the Town Council at the
Council's next regularly scheduled meeting.
The Town Magistrate has identified Patrick Moran as qualified to serve as a temporary magistrate
pro tempore, and on May 24, 2016, the Town Magistrate appointed him as a temporary
magistrate pro tempore. His qualifications follow:
Patrick Moran received his law degree from the University of Wyoming in 2000. For the past 15
years, he worked primarily as a criminal defense attorney, maintaining his own law firm. Patrick
was appointed Justice of the Peace in October 2015 when Jose Luis Castillo retired.
Therefore, consistent with the adopted policy, the Town Magistrate now brings forth this
Marana Council Agenda 06/07/2016 Page 23 of 65
appointment for ratification by the Town Council.
Staff Recommendation:
Staff recommends the Town Council ratify the appointment made by the Town Magistrate.
Suggested Motion:
I move to adopt Resolution 2016 -056, ratifying the appointment of Patrick Moran as a temporary
part-time magistrate pro tempore in Marana Municipal Court.
Attachments
Resolution No. 2016 -056
Marana Council Agenda 06/07/2016 Page 24 of 65
MARANA RESOLUTION NO. 2016-056
RELATING TO MUNICIPAL COURT; RATIFYING THE APPOINTMENT OF PATRICK
MORAN AS A TEMPORARY MAGISTRATE PRO TEMPORE FOR THE MARANA
MUNICIPAL COURT
WHEREAS Section 5 -2 -1 of the Marana Town Code provides that the Town Council
may appoint special magistrates or acting magistrates, also known as magistrates pro tempore,
for the purposes of hearing a particular case or acting as the Town Magistrate in the Town Mag-
istrate's absence; and
WHEREAS consistent with Section 1 -305 of the Arizona Code of Judicial Conduct the
Town Magistrate, the Honorable Laine Sklar, has adopted procedures for appointment of part -
time and temporary magistrates pro tempore of the Marana Municipal Court; and
WHEREAS those procedures allow for the temporary appointment of part -time magis-
trates pro tempore by the Town Magistrate, if the need arises, to serve on an as- needed basis un-
til such time as a formal recruitment can be completed; and
WHEREAS those procedures provide that temporary appointments shall be ratified by
the Town Council at the Council's next regularly scheduled meeting; and
WHEREAS the Town Magistrate has identified Patrick Moran as qualified to serve as a
temporary magistrate pro tempore; and
WHEREAS on May 24, 2016, the Town Magistrate appointed Patrick Moran as a tempo-
rary magistrate pro tempore; and
WHEREAS the Town Council finds that this individual meets the qualifications imposed
by Arizona law and possesses the requisite skill and character to perform as magistrates pro tem-
pore.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, that the Town Council hereby ratifies the appointment of
Patrick Moran to serve as a temporary magistrate pro tempore on an as- needed basis until such
time as a formal recruitment can be completed.
Marana Resolution No. 2016 -056 - 1 - 5/24/16 4:43 PM
Marana Council Agenda 06/07/2016 Page 25 of 65
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 7 th day of June, 2016.
ATTEST:
Mayor Ed Honea
APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney
Marana Resolution No. 2016 -056 -2- 5/24/16 4:43 PM
Marana Council Agenda 06/07/2016 Page 26 of 65
% 1 N1
1
7
i 10 T(3S_.T 1; -
Council - Regular Meeting C5
Meeting Date: 06/07/2016
To: Mayor and Council
From: Frank Cassidy, Town Attorney
Date: June 7, 2016
Strategic Plan Focus Area:
Not Applicable
Subject: Resolution No. 2016 -057: Relating to Public Works; Authorizing the Town Manager to
sign joint trench agreements on behalf of the Town of Marana for the Tangerine Road
Corridor Project, Town of Marana Project No. ST021 (Frank Cassidy)
Discussion:
The Tangerine Corridor Project includes joint utility trenches. Town staff has negotiated joint
trench agreements with various utilities and telecommunications companies, to allocate the
associated costs and coordinate the relocation of facilities in connection with this construction
project. The joint trench agreement negotiated with Trico Electric Cooperative is included with
the backup materials, as an example. The joint trench agreements divide the costs among the
utilities and telecommunications companies using the standard "Western Underground Formula,"
which is included as an exhibit to the example agreement. Each joint trench agreement
is modified slightly to address particular needs and concerns of the applicable utility or
telecommunications company.
The Town Manager probably has implied authority to sign joint trench agreements pursuant to the
general project authorization. This resolution is being presented for Council adoption to provide
the Town Manager with express authority to sign joint trench agreements for this project.
Financial Impact:
Fiscal Year: 2016
Budgeted Y/N: Y
Amount: $616,000
Marana Council Agenda 06/07/2016 Page 27 of 65
The total cost of the joint utility trench is $3.196M. Of that cost, the Town has conduits for signal
coordination that cost $461K. The Town is also responsible for some Tucson Electric Power
conduits for existing power that had prior rights which costs about $155k. The total Town cost
for the joint utility trench is $616K.
Staff Recommendation:
Staff recommends adoption of Resolution 2016 -057, authorizing the Town Manager to sign joint
trench agreements on behalf of the Town of Marana for the Tangerine Road Corridor Project.
Suggested Motion:
I move to adopt Resolution 2016 -057, authorizing the Town Manager to sign joint trench
agreements on behalf of the Town of Marana for the Tangerine Road Corridor Project.
Attachments
Resolution 2016 -057
Trico_JUT_ sample
Marana Council Agenda 06/07/2016 Page 28 of 65
MARANA RESOLUTION NO. 2016-057
RELATING TO PUBLIC WORKS; AUTHORIZING THE TOWN MANAGER TO SIGN
JOINT TRENCH AGREEMENTS ON BEHALF OF THE TOWN OF MARANA FOR THE
TANGERINE ROAD CORRIDOR PROJECT, TOWN OF MARANA PROJECT NO. ST021
WHEREAS the Town of Marana is constructing the Tangerine Road Corridor Project,
Town of Marana Pro j ect No. ST021 (the "Tangerine Road Pro ect "); and
WHEREAS the Tangerine Road Project includes joint utility trenches; and
WHEREAS Town staff has negotiated joint trench agreements with various utilities and
telecommunications companies, to allocate the associated costs among the trench users based on
a standard "Western Underground Formula" and to coordinate the relocation of facilities in
connection with the Tangerine Road Proj ect; and
WHEREAS the Mayor and Council of the Town of Marana find that granting the Town
Manager express authority to sign joint utility trench agreements for the Tangerine Road Project
provides clarity that is in the best interests of the Town, the public, and the other parties to the
joint trench agreements.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana, Arizona, authorizing the Town Manager to sign joint trench agreements on behalf of the
Town of Marana for the Tangerine Road Corridor Project, Town of Marana Project No. ST021,
using the "Western Underground Formula" to allocate the costs.
IT IS FURTHER RESOLVED that nothing in this resolution shall be interpreted to call
into question the implied authority of the Town Manager and /or Town Engineer to execute prior
joint utility trench agreements on behalf of the Town of Marana.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 7 th day of June, 2016.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
00046980.DOCX /1
Resolution No. 2016 -057
Marana Council Agenda 06/07/2016
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
6/1/2016 12:41 PM FJC
Page 29 of 65
'I'C?'6VN OF MARANA AND `�TRiC(? ELECTRIC COOPERATIVE , INC,
JOINT TRENCH AGREEMENT
TANGERINE ROAD CORRIDOR PROJECT -PHASE I
LA CA& ADA DRIVE 'TO D()VE MOUNTAIN BOULEVARD/TWIN PEAKS ROAD
PROJECT NuM[BEx ST021 (2005 -061.)
Ti -pis .AGREEMENT is made and entered into by and between the TOWN OF MARANA
( "MARANA "), an Arizona municipal corporation, and Trico Electric Cooperative, Inc.,
( "TRICO ") an Arizona corporation. MARANA and TRICO are collectively referred to in this
Agreement as the "Parties," either of which is sometimes individually referred to as a "Party."
RECITALS
A. MARANA is constructing the Tangerine Road Corridor Project Phase I from La Canada
Drive to Dove Mountain Boulevard /Twin Peaks Road, Project Number ST021 (2005 -061) (the
"Project "), to reconstruct public facilities (including streets and underground facilities) in or near
Tangerine Road between La Canada Drive and Dove Mountain Boulevard /Twin Peaks Road.
MARANA is willing, in order to minimize disruption of streets and rights of way and to reduce
the cosh: of installing conduit: structures and substructures (`Facilities "), to permit j oint use of
trenches dug for MARANA under the terms and conditions set forth in this agreement.
B. Joint use of MARANA's trenches is to the mutual advantage of each of the Parties and.
that mutual advantage is the consideration for this .Agreement.
A GR�Er MENT
Now, THEREFORE, in consideration of the foregoing premises and the mutual promises and
agreements set forth in this Agreement, the Parties hereby agree as follows:
1. JOINT FACILITIES. MARANA shall install or cause to be installed TRICO's Facilities
in MARANA's trench intended to be used by TRIG as are Facilities for other utilities at
adjacent locations, all in accordance with the plans (the "Plans ") and the contract documents (the
"Contract Documents ") for the Project on file in the office of the Town Engineer of MARANA,
as previously reviewed and approved by TRICO or TRICO's agents. Any changes to the Plans
and Contract Documents by TRICO shall be made prior to the start of work, or TRICO shall pay
all costs for any associated redesign and construction of the Project, including costs to others
whose work may be affected by the changes.
2. RIGHT TO INS P ..i CT AND COORDINATION. TRICO shall have the right at all times
to observe and inspect the performance of TRICO's Facility installation. TRICO, MARANA,
and MARANA's Contractor shall maintain continued coordination regarding the Project, and
00046450DOCX /2 4/25/2016 4:37 I'M
,Taint ] ~ Te nch Agr eeillen I (migerine Romi Pa I of I l
Marana Council Agenda 06/07/2016 Page 30 of 65
MARANA shall ensure that its Contractor also participates in. the coordination. This
coordination shall Include but not be limited to a. pre - construction ineeting. MARANA or its
Contractor shall be responsible for the scheduling of these meetings.
3. INDEPENDENT P ENDENT CONTRA.CrI OR.
3.1.. MAID -ANA's Contractor is engaged in an independent business and will perform its
obligations arising in connection with the Agreement as an independent contractor and not as
the agent or employee of TRICO. This Agreement does not create a partnership, joint venture or
similar relationship between the Parties and neither Party will have the power to obligate the
other In any manner whatsoever.
3.2. Any persons who perform services for 'FR.ICO will. be solely the employees or agents
of MARANA or its Contractor under its sole and exclusive direction and control.
3.3. The safety and health of MARANA's and its Contractor's employees and agents while
working on the Facilities installation. will be MARANA's and the Contractor's sole
responsibility. MARANA's and its Contractor's employees and agents will comply with. all
applicable rules and regulations, as well as all local, state and federal environmental, health and
safety requirements, including those relating to the use and handling of hazardous materials.
4. CONSIDERATION. In consideration of digging of the trenches and installation of the
Facilities by MARANA or its Contractor, TRICO agrees to pay to MARANA the amount
calculated by percentages in accordance with the WESTERN UNDERGROUND FORMULA
(attached hereto as EXHIBIT "A"), as calculated in the TANGERINE ROAD UG
SPREADSHEET (attached hereto as EXHIBIT "B"), applied to the segregated cost for the Joint
Trench Facilities installation as set out in the Contract Documents. In addition, I'RICO agrees
that its activities under this Agreement will not delay MARANA's Contractor, and to that end
TRICO has reviewed and is familiar with the construction schedule for the joint utlllty trench,
and will have manpower available to satisfy TRICO's obligations and activities under this
Agreement in such a way that does not delay the Project, unless written objection is made to any
critical elements of the schedule prior to execution of the Contract Documents. If TRICO
reasonably objects in writing, in advance, to compliance with the construction schedule because
of technical considerations, the MARANA Town Engineer, in his sole discretion, shall modify
the schedule in a reasonable fashion to accommodate the objection. Failure to object in the
fashion set out in this paragraph shall constitute a waiver of the objection.
5. TERM. The Agreement will commence as of the Effective Date and will continue until
the project has been completed or this Agreement has been terminated ( "Term ").
6. TERMINATION; CANCELLATION. Either Party may terminate this Agreement
(including its Schedules), in whole or in. part, for its convenience with 30 days prior written
notice. MARANA will be entitled to payment for work accepted and received by TRICO as of
the date of termination.
7. MANNER OF PAYMENT. MARANA shall submit invoices to TRICO for TRICO's
costs either upon completion of the installation of Facilities in the joint trench or as MARANA
makes progress payments for completed portions of the installation of Facilities iii the joint
00046450, I7OCX /2 4/25/2016 4:37 W
Joint ] rench Agreement 'I'angeritie Road Page 2 of I 1
Marana Council Agenda 06/07/2016 Page 31 of 65
trench. Final payment will be made upon completion of the installation of Facilities in the joint
trench, final inspeetion by TRICO, , aid acceptance by TRICO. TRICO agrees to pay each
undisputed invoice within 30 days from the date it receives the invoice. Each invoice will contain
an itemized description of the work and all applicable charges and taxes. TRICO will be liable
only for undisputed and correct taxes itemized on the invoice for work to which the taxes relate.
S. LIENS. MARANA's Contractor warrants that no mechanics' liens or other claims or
demands, including but not limited to personal injury, death, property damage, non - payment or
other liability claims, will be filed or maintained by it, subcontractors or any other third party
against TRICO equipment, real estate or other property on account of the installation of the
Facilities in the joint trench. TRICO reserves the right, at completion of the installation of the
Facilities in the joint trench to require MARANA, the Contractor and any subcontractor to
furnish evidence in form and substance acceptable to TRICO that all claims, liens and causes of
action, if any, for the payment of wages or salaries or the payment of charges - or labor,
materials, tools, machinery, or supplies have been satisfied, released or settled. MARANA shall
provide TRICO with copies of any and all lien waivers received from Contractor and
C ontractor's subcontractors and suppliers.
9. CONTRACTOR; THE CONTRACT MATERIALS. MARANA has received bids and
intends to award the construction contract for the Project to Tangerine Corridor Constructors (the
"Contractor "). MARANA acknowledges that the Contractor is required to post performance and
payment bonds for the Project in accordance with the requirements of Title 34 of the Arizona
Revised Statutes. TR.ICO's Total Financial Obligation pursuant to Paragraph 4 of this Agreement
is estimated to be Three Hundred Twelve Thousand One Hundred Ninety Two and 66/100
Dollars ($3 1.2,192.66) (attached here to as �,X1- 11B1J` " U) and s hall be adjusted to reflect the
actual lengths of trenching, the Facilities installed and any changes in the work made at rTR.ICO's
request. Any special conduits or substructures for the benefit of TRICO not identified on the
Plans and specifications and any changes to the work not so identified shall be included in the
project at the sole cost and expense of TRICO. Conduit material and associated material
including, but not limited, to glue, muletape, rigid bends, and fittings will be supplied by TRICO
for installation in the trenches. The material shall be supplied within five days of notification of
the intent to install the Facilities. Ownership of any materials or equipment supplied by
MARANA or its Contractor will transfer to TRICO upon receipt by MARANA of payment for
the installation of the Facilities for TRICO.
10. COMPLIANCE WITH 1,A.wS. MARANA and MARANA's Contractor agree that the
installation of the Facilities will be performed in accordance with all applicable federal, state and
local. laws, rules and regulations and the requirements of whoever owns or has jurisdiction over
the rights of way in which the installation of the Facilities is to be performed.
11. FRANCHISE NOT MODIFIED; OWNERSHIP. Nothing in this Agreement shall be
construed to extend or modify the terms of any franchise, agreement or other entitlement TRICO
may have to occupy MARANA's streets, nor shall this Agreement effect or modify any
relocation obligations of either MARANA or TRICO. Upon completion of the installation of the
Facilities 1n the joint trench, final inspection by TRICO, and acceptance by TRICO TR.IC0 shall
be responsible for ownership, maintenance and operation of its Facilities installed in the joint
trench and for compliance with all laws and regulations regulating the same. To the extent that
00046450.DOCX /2 4/25/2016 4:37 I'M
Joint Trench Agreement Tangenne Road 'age 3 of I I
Marana Council Agenda 06/07/2016 Page 32 of 65
materials are not provided by TRICO, ownership of Facilities shall transfer upon completion of
the installation of the Facilities in the Joint tirencah, final inspection by TRICO, and acceptance
and payment by TRICO.
12. DISPUTES. In the event of disputes between MARANA and TRICO, the Parties will
attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly
by negotiation between MARANA's Town Engineer or his designee(s) and individuals from
TRICO who are at a higher level than the persons with direct responsibility for administration of
this Agreement. MARANA or TRICO may give the other Party written notice of any dispute not
resolved in the normal course of business. within 15 days after delivery of the notice, the
receiving Party will submit to the other a written response. The notice and the response will
include (a) a statement of each Party's position and a summary of arguments supporting that
position and (b) the name and title of the executive who will represent that Party and of any other
person who will accompany that individual. within 30 days after delivery of the disputing
Party's notice, the representatives of both Parties will confer at a mutually acceptable tinge, and
thereafter as often. as they reasonably deem necessary, to attempt to resolve the dispute. All
reasonable requests for information made by one Party to the other will be honored. All
negotiations and documents exchanged pursuant to this clause are confidential and will be
treated as compromise and settlement negotiations for purposes of applicable rules of evidence.
Any legal proceeding arising out of, or relating to this Agreement, will be brought in a state court
of competent jurisdiction, in the state of Arizona. Each Party, to the extent permitted by law,
knowingly, voluntarily, and intentionally waives its right to a trial by jury and any right to pursue
any claim or action arising out of or relating to this Agreement on a class or consolidated basis or
in a representative capacity.
1.3. MAR.ANA' S OBLIGATION. In the event TRICO shall pay any money to MARANA. or
provide equipment, MARANA's sole obligation, upon MARANA's failure to perform as
required by this Agreement, shall be to return TRICO's funds or repay the cost of unreturned,
damaged or lost equipment paid for or provided by TRICO.. MA.RANA. does not, by this
Agreement warrant the performance of the work of the Contractor. Notwithstanding the
foregoing, MARANA shall assign all warranties express and implied by lave for the installed
Facilities given by its Contractor in the Contract Documents for a period of one (1) year (or
longer, if so provided by law, and to the extent provided by law) after final payment by TRICO
for the installation of the facilities, that all labor, workmanship, components, materials and other
parts of the Facilities will be free from defects in material and workmanship under normal use
and service, will be performed in accordance with industry standards and will conform. in all
respects with the requirements of TRICO's, specifications as defined in the Plans. Upon notice
from TRICO, MARANA's Contractor will immediately, at its own expense, correct and remedy
any defects in the Facilities occurring during the warranty period whether observed before or
after payment for the Facilities and whether or not the Facilities are already installed or
completed.
14. TRICO TO USE FAC111TIES. Upon completion of the Project, TRICO shall solely
utilize the Facilities for the conduct of all TRICO activities within the boundaries of the Project
area. TRICO shall install its utility vaults and any TRICO only placement to enable the use of the
Facilities installed by MARANA in the joint trench. Any additional facilities constructed after
completion of the Project will be constructed only after obtaining appropriate permits and
00046450.17OCX /2 4/25/2016 4:37 PM
.faint 'french Agreement 'Tangerine Road 'age 4 of 11
Marana Council Agenda 06/07/2016 Page 33 of 65
authority from all public agencies with jurisdiction to make modifications or install new facilities
within the Project boundaries. If new work. affects the installed work dedicated to any of the
other utilities, TR.ICO will coordinate and cooperate with the other utility to avoid conflicts in
the work.
15. INSURANCE. Each Party represents and warrants that it has obtained liability, workers'
Compensation and other insurance or participates in a lawful self-insurance program adequate to
insure against any and all liabilities to third parties that may arise out of performance of this
Agreement. Each Party will supply proof of such insurance or self-insurance to the other upon
request and will supply conforming certificates of insurance prior to the commencement of work.
Insurance required of MARANA's Contractor, by the Contract for Construction, shall name
TRICO as additional named insured as regards the work- covered by this Agreement.
MAR_ NA's Contractor shall provide TR.ICO with copies of insurance certificates listing and
endorsing TRICO as an additional insured.
16. INDEMNITY. Prior to the commencement of the work, MARANA will require the
Contractor to agree in writing to indemnify, defend and hold harmless TRICO, their affiliates
and each of their officers, directors, employees and agents from and against all Liabilities arising
from or in connection with (a) Any personal injuries or property damage received or sustained by
any person or property arising in whole or in part in connection with the work; and (b) Any act
or omission, neglect, negligence, gross negligence or willful misconduct of the Contractor or any
subcontractors in connection with the work. No Party shall be required to indemnify, defend, or
save harmless the other Party for the proportion of any claim, suit, or action for injuries, death, or
damages caused by the negligence of the Party seeking indemnification. Compliance with the
requirements for insurance set out in paragraph 1.5 above shall not limit the amount of any
Parties' liability under this agreement.
17. LIMITATION OF LIABILITY. Except for each Party's indemnification obligations,
neither Party is liable to the other for consequential, incidental, indirect, punitive or special
damages, including commercial loss and lost profits, however caused and regardless of legal
theory or foreseeability, directly or indirectly arising in connection with the Agreement, even if
such Party has been apprised of the possibility of such damages.
18. CONFIDENTIAL INFORMATION
18.1. Definition of Confidential Information. "C Inf means any and all
non-public information (including but not limited to trade secrets, systems, data, customer
information, defects in the work, payment or pricing information, engineering plans and data,
specifications, drawings, sketches, models, samples, designs, maps, computer programs or
documentation) provided, disclosed or made accessible by TRICO to MARANA or the
Contractor under this Agreement or in connection with the work. No information shall be
considered Confidential unless expressly identified to MARANA in writing prior to submitting
the information. TRICO acknowledges that MARANA is an Arizona municipality and is subject
to the Arizona Public Records Law. As a recipient of Federal funds, MARANA may be subject
to disclosure of public information under Federal law. MARANA will not be liable to TRICO or
any third party on account of disclosure of any information when required by the Arizona or
Federal Law or regulation.
00046450.DOCX /2 4/25/2016 4:37 PM
Joint Trench Agreement 'Tangerine Road Page 5 of I I
Marana Council Agenda 06/07/2016 Page 34 of 65
18.2. Use and Disclosure of Confidential Information. Subject to applicable law, and except
as expressl provided in the A MARANA will, and will ensure that the Contractor
does, (a) Not use Confidential. Information for an purpose other than the fulfillment of its
obli under the A ( b) Not disclose Confidential Information to an third part
(includin an affiliate of itself or of TRICO without the prior written consent of TRICO, to the
extent permitted b law provided, MARANA ma provide essential information onl to the
Contractor subject to a confidentialit obli of the Contractor no less strin than this
provision (c) Not make an copies of Confidential Information without TRICO's prior consent
and (d) Protect and treat all Confidential Information with the same de of care as it uses to
protect its own confidential information of like importance, but in no event with less than
reasonable care. MARANA will, and will ensure that the Contractor does, onl disclose
Confidential Information to emplo and/or a who have a "need to know" for purposes
of the A MAR-ANA will., and will ensure that the Contractor does, notif and inform
such emplo and/or a of their obli under the A and MARANA will be
responsible for an breach of this section b it's or the Contractor's emplo and/or a In
the event MARANA or the Contractor is re to disclose Confidential Information pursuant
to law, MARANA will notif TRICO of the re disclosure with sufficient time for TRICO
to seek relief, will cooperate with TRICO in takin appropriate protective measures, and will
make such disclosure in a fashion that maximizes protection of the Confidential Information,
Subject to applicable law and consistent with the public record keepin obli of
MAR-ANA, at the conclusion. of the A or an time at the specific re of TRICO,
an and all Confidential Information will be returned to TRICO.
19. TIME OF THE ESSENCE. Time is of the essence of this A
20. CONFLICT OF INTEREST. This A is subject to the provisions of ARS § 38-
511, which provides for cancellation of contract in certain instances involvin conflict of
interest.
21. NOTICES. An notice, re demand, consent, approval or other communication
re or permitted under this a or law shall be g iven, in writin as follows:
TRICO:
Trico Electric Cooperative, Inc.
Attn.- Ro Patnode, Sr. Distribution Desi
8600 W. Tan Road.
P.O. Box 930
Marana, Arizona 85653-0930
MAR-ANA:
Town of Marana
Attention-, Keith Brann, Town En
Marana Municipal Complex
1 1555 W. Civic Center Drive. Bld A- I
Marana, AZ 85653-7007
All notices shall be hand delivered, mailed with posta prepaid, Return Receipt Re or
sent b established overni deliver service (e. Federal Express, UPS, DHL Either Part
00046450.1)OCX /2 4/25/2016 4:37 I'M
Joint 'french A Road Pa 6 of 11
Marana Council A 06/07/2016 Pa 35 of 65
may change the location for receipt of notices by written notice to the other Party. The sender of
any notice bears and accepts the risk of non - delivery by the means chosen.
22. CAPTIONS. Captions in this agreement are for convenience only, and do not govern any
portion of this agreement.
23. ASSIGNMENT AND DELEGATION. The rights and obligations of each Party will be
binding upon and inure to the benefit of its successors and permitted assigns.
24. RECORDS AND AUDITS. MA,RAN.A will maintain complete and accurate records with
respect to the work, including all charges associated with this Agreement and the portion of the
Work performed by subcontractors, in accordance with generally accepted accounting principles,
for 72 months from the date of its termination or expiration. TRICO or its designee, may inspect,
audit and make copies of such records, f or ].`RICO's, retention, on reasonable notice.
25. REMEDIES; FUTURE PROJECTS. No remedy specified in this Agreement will limit
TR.ICO's, other rights and remedies arising in connection with the Agreement, at law or in
equity. TRICD's, participation in the Project pursuant to this Agreement shall not be construed
as an agreement to participate in any future projects.
26. ADVERTISING; PUBLICITY. Neither Party will use the other Party's names, marks,
codes, drawings or specifications in any advertising, press release, promotional effort or
publicity of any kind without the other's prior written permission.
27, GOVERNING LAW, This Agreement will be governed by the laws of the State of
Arizona without reference to its choice of law rules.
28. ENTIR E AGREEMENT; MODIFICATIONS; WAIVER. This Agreement and all
exhibits, amendments, documentation, and specifications referenced in these documents
constitutes the entire contract between the Parties, and supersedes all prior agreements (written
or oral), understandings, negotiations and representations made by any of them regarding the
subject matter addressed. Any modifications or amendments to this Agreement must be in
writing and signed by both Parties. The term "including" in this Agreement means by way of
example, not limitation. Any waiver by either Party of any rights hereunder or of a breach of any
provision of this Agreement will not constitute a waiver of any other breach of that or any other
provision of this Agreement. Any waiver must be in writing.
29. SEVEPABILITY; SURVIVAL; EXECUTION. The determination that any provision of
this Agreement is invalid or unenforceable will not invalidate this Agreement, and this
Agreement will be construed and performed in all respects as if such invalid or unenforceable
provision was omitted insofar as the primary purpose of this Agreement is not frustrated. All
provisions that by their sense and context are intended to survive the expiration of the Agreement
will survive. The Agreement may be executed by facsimile copy and /or in any number of
counterparts, all of which together will constitute one agreement.
30. EFFECTIVE DATE. The effective date of this Agreement is the date of the signature of
the J`own Manager of the Town of Maran.a.
00046450.DOCX /2 4/25/2016 4 :37 PM
.point French Agreement Tangerine load Page 7 of t I
Marana Council Agenda 06/07/2016 Page 36 of 65
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date set forth
below their respective signatures.
"MARANA ":
"TRICO ":
TIDE TOWN OF MA RANA, an Arizona m TRICO ELECTRIC COOPERATIVE, INC., an
corporation Arizona corporation
By:
Gilbert Davidson, Town Manager
Date:
ATTEST;
Jocelyn C. Bronson, Clerk
STATE OF ARIZONA
SS
County of 1 /7 P )
1
� •1
Its: CEO 166,4e.44 �Vt a "a X40111-
Date: S'
The foregoing instrument was acknowledged before me on Waj�1 Z �L�1(.�) by
Pv 1 N I 'f l d U the (-� (T��{'�(!��� l t�' eV1C1 � P� of �rRICO
ELECTRIC COOPERATIVE, INC., an Arizona corporation n behalf of the corporation.
(Seal)
EMS► " 1/ Notary Public
SAMORWO
Wary Public -Stab d Atizom
PIMA COUNTY
OftbOr 14, 20 18
00046450.DOCx /2 4/25/2016 4:37 I'M
Joint Trench Agreement Tangerinc Roacl Page 8 of I I
Marana Council Agenda 06/07/2016 Page 37 of 65
y vwy
M I T "A"
WESTERNUNDERGROUND FORMULA
Western Underground Formula
Whether the Project work was specified on the original Memo or agreed to on a change
order, the total Project Cost will be allocated as follows:
L Any direct costs, including but not limited to, conduit, conduit spacers, concrete for
duct banks and installation for each of these will be borne by the Party requiring the work..
If a separate trench is required by one Party, all the costs for such a trench will be charged
to the Party utilizing it.
2. All. joint trenching costs, including brit not limited to, casements for joint portions of
the trench, excavation, save cutting, spoil removal, shading, back.fill, compaction,
barricades, steel plates, cold patch, shoring, dust control, traffic control, and landscape
asphalt replacement will be allocated between the parties utilizing the trench according to
the following formula:
Western Under round Formula
Each Party shall determine the width and depth of trench which meets such Party's
requirements for a sole -use trench; i.e. electric - -only, telephone -only, etc. The following
formulas will then be used to determine the allocable apportion of the joint trench cost that
will be the responsibility of each Party,
Power Co. Percent ( %) Cost
Telephone Co. Percent ( %) Cost
Other Co Percent ( %) Cost
Legend:
(
(TWx 7" D + PWxPD + OYVxOD
(TWxTD)
(TWxTD)+ PWxPD + OWxOD
(OWxOD)
(TWxTD)+ PWxPD + OWxOD
P = Electric Power Company
T = Telephone Company
O =Other Company
W =Width of trench if separate construction were planned
D =Depth of trench if separate construction were planned
00046450.1)OCX /2 4/25/2016 4:37 1'M
Joint Tre nch Agreement "Fangerine Rona Page 9 of I I
Marana Council Agenda 06/07/2016 Page 38 of 65
FJLA�JX111BJT 'B'
TANGERINE ROAD UG SPREADSHEET
i�II
�
�i
n
y
s
w
s
a
r
t
a R�
v
5 � ,
L
s
00046450. OCX /2 4/25/2016 4:37 1'M
Joint 'Trench Agreement Tangerine Road 'age 1.0 of 1 I
Marana Council Agenda 06/07/2016 Page 39 of 65
ESTIMATED TOTAL FINANCIAL OBLIGATION
TRICO ELECTRIC SUMMARY
Trice Electric Summary
VkGontractor will provide and install all Trico conduit and manholes
Item 9240144 Unit Price is based on the Trico oast sharing % of the total Joint Trench Earthwork Cost
Overall Trico
25- Aug -08
[tern #
Descri Lion
U n
quanti y
UAR Price
Amount
73207`0
732090
Electric Conduit 3" PVC
Electric Conduit 4" PVC
LFT,
LFT.
2,139
75
.$17100
$19.00
$36,363.0
$1,425.00
7320463
Pull Box Per Trico 814-LA)
EACH
5
$8,950.00
$44,750.00
0244144
Misc. Work Construct Joint Trench Sections 1-31)
LFT.
1
$5,188.06
$5,188.06
9240147
9240148 1
Misc. Wod< (Supply & Place Electrical Conduit 3 ")
Misc. Work (Supply & Place Electrical Conduit 4"`) . I
UT.
L-FT.
2,127
11,856
$5.00
$5,50
$10,635.00
$65,208.00
Marana
Item #
Desed tion
Trice Total =
$163569.46
Prior Chi hts Total=
$1.00
Non -Prior lights Total=
$183,559.06
Marana
Item #
Desed tion
Un t
Quantit y
Unit Price
Amount
7329079
Electric Conduit ff PVC
L.F.
2,139
$17.00
$36 361 00
7320009
Electric Conduit 4" PVC
LFT.
75
$19.04
$1,425.00
732€1453
Pull Box Per Trico 814 -LA
EACH
5
$8950.00
$44,754.00
9240144
Misc, Work Construct Joint Trench Sections 1 -31
LFT.
1
$5,188.06
$5,188.06
9240147
Misc, Work (Supply& Place Electrical Conduit 3 ")
L.FT.
2,127
$5.00
$14,635,00
9240148
Misc. Work (Supply & Place Electrical Conduit 4 ")
LYT.
11,855
$5.60
$65,208.00
Mmrana Trice Total - u2569.06
Prior Rights Total= WIN
Non -Prior Rights Total= $'1045
s
AD QT
Item #
Desed tion
Unit
Quan€it
OR Price
Amount
732074
Electric Conduit x PVC
LFT.
0
$0.00
9.007
732090
Electric Conduit 4t' PVC
L.H.
0
$0.00
$0.0
7320463
9240144
Pull l3o Per Trice 814
Misc. Lurk. CoristructJoint Trench Sections 1 -31
EACH
t..FT.
0
0
$8
$0.00
$0.0
$0.00
9240147
9240148
Misc.. Work (Supply & Place Electrical Conduit 3 ")
Misc. Work (Supply & Plane Electrical Conduit 4")
LFT.
LFT.
4
0
$5.
$5.50
$0.00
$0.00
00046450DOCX /2 4/25/2016 4.37 PM.
Joint `French Agreement "I'angerine Road Page I I of I I
Marana Council Agenda 06/07/2016 Page 40 of 65
ADOT Trico Total
$0.00
Prior Rights Total=
$0.00
Non'Prior Rights Totals
$0,40
00046450DOCX /2 4/25/2016 4.37 PM.
Joint `French Agreement "I'angerine Road Page I I of I I
Marana Council Agenda 06/07/2016 Page 40 of 65
f '
7
i 10 T(3S_.T I; -
Council - Regular Meeting C6
Meeting Date: 06/07/2016
To: Mayor and Council
Submitted For: Jocelyn C. Bronson, Town Clerk
From: Suzanne Sutherland, Assistant to the Town Clerk
Date: June 7, 2016
Subject: Approval of May 17, 2016 Study Session Meeting Minutes and May 17, 2016
Regular Council Meeting Minutes (Jocelyn C. Bronson)
Attachments
Draft Study Session Meeting Minutes 05/17/2016
Draft Regular Council Meeting Minutes 5/17/2016
Marana Council Agenda 06/07/2016 Page 41 of 65
N pWN O
1 7
9 MARANA 7
�RIZON�`
STUDY SESSION
MINUTES
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers May 17, 2016, at or after 6:00 PM
Ed Honea, May
Jon Post, Vice Mayor
David Bowen, Council Member
Patti Comerford, Council Member
Herb Kai, Council Member
Carol McGorray, Council Member
Roxanne Ziegler, Co it Member
SESSION
CALL TO ORDER AND ROLL CALL. Mayor onea called the meeting to order at 6:00
p.m. Town Clerk Bronson called roll. All C u embers were present, with Vice Mayor
Post joining the dais at 6:05 p.m.� qw
PLEDGE OF ALLEGIA)
until the regular r�
"EMP7
CATION /MOMENT OF SILENCE. Dispensed with
APPROVAL OF AGE . Motion to approve by Council Member McGorray, second by
Council Member Bowen. passed unanimously.
CALL TOT UBLIC. N Baker cards were presented.
DISCUSSION /DIRECTION /POSSIBLE ACTION
ITNIN 7
D1 Relating to Animal ontrol; discussion, direction and possible action regarding the
provision of animal control services within the Town of Marana, including consideration of
continuing the Town's contractual relationship with Pima Animal Care Center (PACC) and /or
direction to explore alternatives to PACC for animal control services (Lisa Shafer). Presented by
Gilbert Davidson who noted that there are two options — to continue the current IGA with Pima
County which should be focused on enforcement. The other alternative is to handle our own
animal care services. He then gave some background on where the town is currently. He
referred to Title 6 of the Town Code. There has been an agreement with the County since the
1980's although the agreements may have lapsed at times. Up to 2005, the annual charges under
the agreements were $10,000 or less. Under the last agreement, the licensing revenue stayed
May 17, 2016 Study Session Minutes
Marana Council Agenda 06/07/2016
Page 42 of 65
with the county. Next year it is estimated to be $220,000. It is important to remember that that
number is not capped. Municipalities within the county have been meeting regularly with the
county regarding rising costs and contributions and how their policy is established and managed.
The city and towns have been paying over 60% of animal costs without any say in how the
revenues are spent.
The components to manage our own animal care services are enforcement, which to a certain
extent the town is already doing. Licensing is another component that would require additional
training. Sheltering is a component that would have to be contracted out, although there may be
several entities interested in doing this. Sheltering would only be for town - initiated transactions.
There would also have to be a veterinary component, the cost of which would be borne by the
town. Education and outreach is the final component. The marketing campaign would cover
animal care and safety, licensing, fees, adoption events a vaccination and spay /neuter fees.
'1W
Costs attributable to managing our own animal care would include an animal control officer,
9OW _Nf
equipment, a vehicle, temporary kenneling, licensing and sheltering agreements and veterinary
charges. Jqq6�
If the Council wants to move forward with this concept, there would haNtobe n R FQ process
for the sheltering, as well as renewing some type of agreement with the county as an interim
measure because this will take some time o aut together.
Mr. Davidson then opened up the discussion to C cil for comment. Council Member
McGorray asked how many animals the town was billed for last year. This past year the town
was billed for 530 animals, although it is not certain that is an absolute number. The primary
revenue stream for Pima County is from licensAWhe town would have a baseline of $90,000
to start our own program Council Member Bowen expressed his concern over the cost of the
town taking on this program. Mr. Davidson noted that there would be a number of steps that
would ultimately have to be authorized by Council before moving forward. This is an initial
presentation to determine whether e Council has interest in pursuing the project. Council
Member Ziegler expressed her concern about getting into the animal care business in light of
the other projects we have going on. However, she would be in favor of putting out an RFP to
see what interest there is. Council Member Comerford was also in favor of getting more
information in light of the fact that staff thought it a significant enough issue to bring in to
Council's attention. Vice Mayor Post asked what education would be necessary to enforce
licensing. Mr. Davidson responded that there are number of ways to be creative in educating
citizens on the benefit of licensing. Vice Mayor Post would be in support of going in a different
direction than what we have been doing. Mayor Honea indicated that he thought the town could
give better service to the residents. If the cost is nearly the same but the town could increase the
service level, it would be worth looking into. He would like to research and get more numbers
together, noting that we will most likely need to sign the agreement with the County in June to
give us some time.
Motion by Council Member Bowen to direct staff to continue the investigative process into all
the different costs associated not only with running this operation but setting up and the
temporary shelters, the licensing, the software, the vehicle that will be necessary and ongoing
May 17, 2016 Study Session Minutes 2
Marana Council Agenda 06/07/2016 Page 43 of 65
costs including that of hiring personnel to run the program, and bring that all back so that we
have a very clear idea of what we might be faced with, second by Vice Mayor Post. Motion
carried. Mr. Davidson noted that staff will do an RFP process which will give us a unit cost
which will be more than what we have had in the past. He further noted that with that he will
bring back a finalized IGA with the County in June at the appropriate 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
ADJOURNMENT. Motion to adjourn at 6:52 .m. by Council Member McGorray. Passed
unanimously. AW "lk
CERTIFICATION
I hereby certify that the for
session/presentation of the Mara
certify that a quorum was present.
Jocelyn C. Bronson,
correct minutes of the study
held on May 17, 2016. I further
May 17, 2016 Study Session Minutes 3
Marana Council Agenda 06/07/2016 Page 44 of 65
MARANA TOWN COUNCIL
REGULAR COUNCIL MEETING MINUTES
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, May 17, 2016, at after 7:00 PM
Ed Honea, Aayor
Jon Post, Vice Mayor
David Bowen, uncil Membf
Patti Comerford, Council Meml
Herb Kai, Council Member
Carol McGorray, Council Member
Roxannler, Council Me r
REGULAR COUN MVETIN
1II I '141I1
CALL TO ORDER AND ROLL CALL. Mayor Honea called the meeting to order at 7:03
p.m. Town Clerk Bronson called roll. All Council Members were present.
PLEDG�EGIANCE/INVOCA N/M ENT OF SILENCE. Led by Anna
Marie nas on behalf the American Legion Auxiliary —Poppy Program.
APPROVAL OF AGENDA. Motion to approve by Council Member Kai, second by Vice
Mayor Post. Passed unanimous.
7211, 11II���
CALL TO THE PUBLIC. An Marie Arenas, spoke on behalf of the American Legion
Auxiliary Poppy Program. David Morales announced that there would be a Run to the Wall
event coming through Marana Thursday morning at the Marana exit. Also, the DAV and VFW
will be placing wreaths on military graves at both the Marana Cemetery and the new Veterans
Memorial Cemetery in Marana on Memorial Day. He also expressed concern that the town be
prepared for the Zika virus which he said is scheduled to affect Marana in July and August.
PROCLAMATIONS. Mayor Honea noted that the proclamation would be included in the
permanent record but was not read.
Proclaiming May 15 -- 21, 2016 as National Public Works Week (Jocelyn C. Bronson)
May 17, 2016 Regular Council Meeting Minutes 1
Marana Council Agenda 06/07/2016 Page 45 of 65
MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS. Council
Member Comerford noted that she is hosting a fundraiser for homeless veterans in honor of
Memorial Day. Anyone interested in participating can see her after the meeting. Mayor Honea
reported on the 10 anniversary of the RTA which was held at the La Paloma hotel.
MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS. No report.
PRESENTATIONS
P1 Relating to Community; an overview of a Transportation Art by Youth public art project to
be installed on Tangerine Road, including a presentation of the design by the artist. (Tony
Hunter) Mr. Hunter provided background information and introduced the members of the
Citizens' Forum ad hoc committee who participated in the selection of the location and design
for the art project. He then presented the design concept and criteria and introduced the artist,
Mr. Trevor O'Tool. The art is metal sculpture of three deer and is exp cted to be installed by the
summer of 2017. The art will be placed along gerine Road near Camino de Oeste and the
new Tangerine Sky Community Park. Ak X,
CONSENT AGENDA. Motion to approve by Vice Post, second by Council Member
Ziegler. Passed unanimously.
Cl Ordinance No. 2016.005: Relating to raffic and Hig ways; amending the Marana Town
Code, Title 12, by repealing Town Code Chapter 12 -8, entitled "Solicitation of Employment,
Business or Contributions from Occupants of Vehicles Traveling on Town Streets and
Highways "; and designating an effective date (Libby, Shelton)
C2 Resolution No. 2016 -047: Relating to the olice Department; approving and authorizing
the Town Manager to execute a High Intensity Drug Trafficking Area (HIDTA) grant agreement
between the City of Tucson and the Town of,,-,,Marana to receive funding under COT Grant
Number HT -16 -2605 (Lisa Shafer
C3 Resolution No. 2016 -048: Relating to Administration; approving the transfer of up to
$100,000 in budgeted expenditure authority from the RICO planning and design line item to the
RICO capital equipment line item in the fiscal year 2015 -2016 budget for the purchase of body
worn camera systems for the Police Department and first year maintenance costs (Erik
Montague) I%f
C4 Resolution No. 2016 -049: Relating to Personnel; approving and adopting amendments to
the Town's Personnel Policies and Procedures, revising Chapter 3 - Classification and
Compensation, Chapter 4 — Employment Benefits and Leaves, and Chapter 6 — Performance
Management and Employee Development (Curry C. Hale)
CS Resolution No. 2016 -050: Relating to Development; approving and authorizing the
Planning Director to execute and record an amendment to General Note No. 7 on the cover sheet
of the Anderson /Johns Final Plat, Lots 1 and 2 to clarify building setback requirements and
provisions (Brian Varney)
May 17, 2016 Regular Council Meeting Minutes 2
Marana Council Agenda 06/07/2016 Page 46 of 65
C6 Approval of the May 3, 2016 Regular Council Meeting Minutes (Jocelyn C. Bronson)
LIQUOR LICENSES
BOARDS, COMMISSIONS AND COMMITTEES
COUNCIL ACTION
Al Relating to Alternative Expenditure Limitation (Home Rule Option); rescinding the
Town Council's March 1, 2016 motion to hold a special election in March 2017 for purposes of
referring an Alternative Expenditure Limitation measure to the qualified electors of the Town
and directing staff to take necessary action to place the Alternative Expenditure Limitation
measure on the ballot for the November 2016 general election. Presented by Jane Fairall. Ms.
Fairall noted that during the presentation made on March 1, staff requested Council approval to
hold a special election for the Alternative Expenditure Limitation in March 2017. Since that
time, staff has been made aware that the Arizona Constitution requires that this election be
scheduled at a regular election. The original action taken by Council was made by motion
without a resolution. Staff is asking Council to rescind that motion and direct staff to proceed
with an election at the General Election in November because we have exceeded the time
permitted to get the item on the Prim lot in August. She asked that the suggested motion
be read verbatim so that it is perfectly c ear what we are doi
Motion by Council Member Bowen to rescind the March 1, 2016 motion to hold a special
election in March 201 7 for the purposes of referring an Alternative Expenditure Limitation
measure to the qualified electors of the Town and to direct staff to take necessary action to
place the Alternative Expenditure Limitation measure on the ballot for the November 2016
General Election. Seconded by Council Member McGorray. Passed unanimously.
NQMMNI&ft�', Vk
A2 Ordinance No. 2016.006: Relating to Finance; amending the Town of Marana
Comprehensive Fee Schedule; and designating an effective date. Presented by Erik Montague,
who discussed proposed changes to the town's comprehensive fee schedule. On March 8 staff
presented Council with proposed changes as part of the annual process to ensure that the costs
we are charging reasonably reflect the costs of service where that is appropriate. We look to
continue to eliminate errors, add clarification language and increase the emphasis on
streamlining some fees and ho ey are packaged. Based on the timing of that effort, staff was
not able to fully vet all of tho i eas, and anticipate that should these be adopted tonight, staff
may need to come back to Council at some time during the next fiscal year to ask for
consideration of additional clarifications and/or fee changes. The changes before Council tonight
are directly tied to the proposed changes brought forth on March 8. As required by statute, staff
did provide notice of the proposed changes. As we have in the past, staff did reach out to both
the Southern Arizona Home Builders Association and the Metropolitan Pima Alliance and
provided them as opportunity to review and comment on the changes. Questions were discussed
with our development services group and were resolved at that time. The changes tonight would
become effective July 1, 2016.
May 17, 2016 Regular Council Meeting Minutes 3
Marana Council Agenda 06/07/2016 Page 47 of 65
Motion to approve by Vice Mayor Post, second by Council Member Bowen. Passed
unanimously.
Resolution No. 2016 -051: Relating to Finance; declaring as a public record filed with the
Town Clerk the amendments to the Town of Marana Comprehensive Fee Schedule adopted by
Ordinance No. 2016.006 (Erik Montague) Presented by Erik Montague. Motion to approve by
Vice Mayor Post, second by Council Member Bowen. Passed unanimously.
A3 PUBLIC HEARING: Resolution No. 2016 -052: Relating to Budget; adopting the fiscal
year 2016 -2017 tentative budget (Erik Montague). Mayor Honea opened the public hearing.
Mr. Montague presented an overall summary of the tentative budget, noting that this is a
structurally balanced budget. It does continue to contain a very important resource to our
community, which is the contracting sales tax. Seventy-five percent of that is still being diverted
into the transportation fund as bound by preceding resolutions. We do anticipate in a future
legislative session that they may make another run at the construction sales tax. The League of
Arizona Cities and Towns has already old us to e re ared.
q& X
Y p p
Tonight's budget does contain contingency funding. This is expenditure authority, but it does
require Council approval to be used. The budget as presented provides and estimated ending
balance of about $21.5M and excludes an anticipated contingency. From a budget perspective,
we establish a target reserve of about 25% which will put us above 52% which is a very healthy
reserve.
Mr. Montague noted that about 7.9 FTE's are being added, bringing us to 346 employees. He
then reviewed the positions and noted that they are the same as were presented in the Manager's
Recommended Budget. Next, he reviewed the portfolio of investments, both to employees and in
g p
regard to various tools and resources that are required to advance the services that we provide.
Included are team performance adjustments which will be up to a 3.5 percent pay adjustment to
those employees who exemplify and advance the cultural values and strategic plan. For
employees who are at o near the top of their range, a portion of that may come in the form of a
lump um There will be a a administration document that will be attached to the final budget
p pay g
with eligibility information as well as timing of the payments and other administrative
information related to those adjustments.
N%�t, U
Mr. Montague then referred to the detailed schedules included in the Council packet. In the
general fund we are anticipating about a 5.4% increase. There were no speakers from the public
or comments from the Council. There are some changes to the CIP budget related to large
projects such as the Tangerine Road widening. There are also changes in the debt service piece.
Part of the original debt to get into the wastewater treatment business was related to prepaid or
capitalized interest so that we didn't have to make a debt service payment for a period of time.
We will have to make debt service payments this year. Next year we will have to make a
principal and interest payment. There were no major changes to the enterprise funds. Internal
service funds are health funds, and most of that change is due to offsets between increases on the
health side and some other offsets on the dental side. Special purpose districts, specifically
Community Facilities Districts and a road improvement district are discretely presented
proponent units within our financial statements and are included within our budget.
May 17, 2016 Regular Council Meeting Minutes 4
Marana Council Agenda 06/07/2016 Page 48 of 65
Overall, we are looking to increase by $25M or 17 %, from about $145M expenditure limit to
about $170.1 M. And most of that change is attributable to the capital projects funds which is
continued to describe. Once the budget is approved it would set our expenditure limitations. At
that point the budget cannot be increased; however, it can be reduced prior to the adoption of the
final budget on June 21. Mr. Montague responded to various questions from Council, including a
question regarding the Public Safety Personnel Retirement System funding mechanism. There
were no speakers from the public. Mayor Honea closed the public hearing. Motion to approve
by Council Member Bowen, second by Council Member Kai. Passed unanimously.
A4 Resolution No. 2016 -053 Relating to Public Works; approving and authorizing the
Mayor to execute an Acquisition Agreement & Administrative Settlement and the Town
Engineer to execute all other documentation necessary for the purchase of property rights needed
from T/F Tangerine Group, L.L.C. for Tangerine Corridor /Tangerine Road, Twin Peaks to La
Canada Drive, Town of Marana Project No. ST021). Presented by Frank Cassidy, who noted
that the full settlement agreement is contained within the Council packet. In terms of the
negotiations and justifications of why we recommended an administrative settlement above the
appraised value, he would be happy to discuss that further in executive session. Council
determined that no executive session was necessary. Wotion by Vice Mayor Post, second by
Council Member McGorray. Passed unanimously.
A5 Resolution No. VFCFD 201"6-0 Marana Town Council acting as the Vanderbilt Farms
Community Facilities District Board of Directors] : A Resolution of the District Board of
Vanderbilt Farms Community Facilities District, a Community Facilities District of Arizona,
approving a tentative budget for fiscal year 2016 -2017 pursuant to A.R.S. §48 -716; setting a
public hearing date o aid tentative budget; filing statements and estimates of the operation and
maintenance expenses of the district, the costs of capital improvements to be financed by the
approved ad valorem tax levy, and the amount of all other expenditures for public infrastructure
and enhanced municipal services proposed to be paid from the tax levy and of the amount to be
raised to pay general obligation bonds of the district, all of which shall be provided for by the
levy and collection of ad valorem taxes on the assessed value of all the real and personal
property district; providing fornotice of filing the statements and estimates, and notice of a
public hearing on the portions of the statements and estimates not relating to debt service on
general obligation bonds; and providing that this resolution shall be effective after its passage
and approval according to law.
Presented by Erik Mon ague. e noted for this and for all community facilities districts, statute
requires that before July 15 of each year the district treasurer bring before the Board for
consideration a proposed budget for that new year. The budget includes anticipated costs for the
operation and maintenance of the district as well as any capital improvements that may be
financed by some type of funded debt should that be applicable. It also provides for a modest
secondary property tax for operations and maintenance. It also provides some capacity for
additional interest. It's anticipated to be an inactive budget for this development for the next
year. The proposed budget does provide for expenditure authority up to $32,194 for the next
year. Should this be approved tonight, staff will provide the required public notice. Motion to
approve by Board Member McGorray, second by Board Member Kai. Passed unanimously.
May 17, 2016 Regular Council Meeting Minutes 5
Marana Council Agenda 06/07/2016 Page 49 of 65
A6 Resolution No. SSCFD 2016 -01 [Marana Town Council acting as the Saguaro Springs
Community Facilities District Board of Directors] : A Resolution of the District Board of Saguaro
Springs Community Facilities District, a Community Facilities District of Arizona, approving a
tentative budget for fiscal year 2016 -2017 pursuant to ARS §48 -716; setting a public hearing
date on said tentative budget; filing statements and estimates of the operation and maintenance
expenses of the district, the costs of capital improvements to be financed by the approved ad
valorem tax levy, and the amount of all other expenditures for public infrastructure and enhanced
municipal services proposed to be paid from the tax levy and of the amount to be raised to pay
general obligation bonds of the district, all of which shall be provided for by the levy and
collection of ad valorem taxes on the assessed value of all the real and personal property in the
district; providing for notice of filing the statements and estimates, and notice of a public hearing
on the portions of the statements and estimates not relating to debt service on general obligation
bonds; and providing that this resolution shall be effective after its passage and approval
according to law.
Presented by Erik Montague, who noted that although this development is known as Saguaro
Bloom, the community facilities district will always be known as Saguaro Springs CFD. Statute
requires that before July 15 of each year the district treasurer bring before the Board for
consideration a proposed budget for that new year providing expenditure capacity for the
maintenance and possible issuance of debt at some time during the year. Approval of the budget
doesn't automatically authorize the district to move forward with any debt issuance until coming
back to the Board through a formal process. Approval of the item sets in motion a public notice
required by statute before the final adoption of the budget on June 21, 2016. The proposed
budget establishes a limit of $4,892,000. Motion to approve by Board Member McGorray,
second by Vice Chair Post. Passed unanimously.
A7 Resolution No. GFCFD2 2016 -01 [Marana Town Council acting as the Gladden Farms
(Phase II) Community Facilities District Board of Directors] : A Resolution of the District Board
of Gladden Farms (Phase II) Community Facilities District, a Community Facilities District of
Arizona, approving a tentative budget for fiscal year 2016 -2017 pursuant to ARS §48 -716;
setting a public hearing date on said tentative budget; filing statements and estimates of the
operation and maintenance expenses of the district, the costs of capital improvements to be
financed by the approved ad valorem tax levy, and the amount of all other expenditures for
public infrastructure and enhanced municipal services proposed to be paid from the tax levy and
of the amount to be raised to pay general obligation bonds of the district, all of which shall be
provided for by the levy and collection of ad valorem taxes on the assessed value of all the real
and personal property in the district; providing for notice of filing the statements and estimates,
and notice of a public hearing on the portions of the statements and estimates not relating to debt
service on general obligation bonds; and providing that this resolution shall be effective after its
passage and approval according to law.
Presented by Erik Montague. Statute requires that before July 15 of each year the district
treasurer bring before the Board for consideration a proposed budget for that new year providing
expenditure capacity for all costs associated with the maintenance of the district including any
costs associated with some type of debt issuance. This district is all agricultural at the present
time and is not anticipated to have any significant activity during the year, so the only portion of
May 17, 2016 Regular Council Meeting Minutes 6
Marana Council Agenda 06/07/2016 Page 50 of 65
the property tax that is levied is the operation and maintenance portion. Based on its current
valuation, it's very minor other than for publishing of statutory notices for the district. Motion to
approve by Board Member McGorray, second by Board Member Ziegler. Passed
unanimously.
A8 Resolution No. GFCFD 2016 -01: [Marana Town Council acting as the Gladden Farms
Community Facilities District Board of Directors]: A Resolution of the District Board of
Gladden Farms Community Facilities District, a Community Facilities District of Arizona,
approving a tentative budget for fiscal year 2016 -2017 pursuant to ARS §48 -716; setting a public
hearing date on said tentative budget; filing statements and estimates of the operation and
maintenance expenses of the district, the costs of capital impro ments to be financed by the
approved ad valorem tax levy, and the amount of all other expenditures for public infrastructure
and enhanced municipal services proposed to be paid from the tax levy and of the amount to be
raised to pay general obligation bonds of the district, all of which shall be provided for by the
levy and collection of ad valorem taxes on the assessed value of all the real and personal
property in the district; providing for notice of filing he statements and estimates, and notice of a
public hearing on the portions of the statements and estimates not relating to debt service on
general obligation bonds; and providing that this resolution shall be effective after its passage
and approval according to law.
Presented by Erik Montague, who no e at the budget i ludes all associated revenues and
costs for maintenance and operation of the district including possible acquisition of capital
improvements to be financed by future debt. The proposed budget also includes the anticipated
levy of $2.80 for every $100 of assessed valuation for the next year. That amount includes $30
for operations and maintenance and $2.50 for the debt portion. The budget is incorporated within
the appropriate Auditor General schedules and fflnffludes the required notice of the next public
hearing on June 21, 2016. Upon approval tonight, the budget authority would be $2,248,144 and
does provide for capacity to issue debt upon board approval. Motion to approve by Board
Member orray, and by-,,Board Membe ow n. Passed unanimously.
ITEM R DISCUSS N /POSSIBLE ACTION
D 1 Relating o Legislation and Government Actions; discussion and possible action regarding
all pending state, federal, and local legislation/government actions and on recent and upcoming
meetings of the other governmental bodies (Gilbert Davidson). Mr. Davidson reported that
overall, the legislative session was positive for cities and towns. The Governor signed the census
bill which will increase revenues for the town. One of the bills that went forward which the town
had concerns about related to water utilities. The bill that was going to allow the private sector
to create community facilities districts did not advance.
EXECUTIVE SESSIONS. Motion to go into executive session at 8: 06 p.m. on items E3 and
E4 by Council Member Bowen, second by Council Member McGorray. Passed unanimously.
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.
May 17, 2016 Regular Council Meeting Minutes 7
Marana Council Agenda 06/07/2016 Page 51 of 65
E2 Executive session pursuant to A.R.S. § 38- 431.03(A)(4) and (7) to discuss with the
Town's attorneys and representatives the terms of a proposed purchase of Tangerine Road right-
of -way from T/F Tangerine Group, L.L.C. (this item relates to and should occur before Council
Action item A4 on tonight's agenda)
E3 Executive session pursuant to A.R.S. § 38- 431.03(A)(4) for discussion and consultation
with, and instruction to, the Town's attorneys regarding the notice of claim filed against the
Town by DTD -DEVCO 10, L.L.C. by letter dated October 22, 2015, and supplemented by letter
dated October 26, 2015. Mr. Cassidy asked for a motion to authorize the Town Manager and
staff to proceed as discussed in executive session. Motion to proceed as discussed in executive
session by Vice Mayor Post, second by Council Member Bowen. Passed unanimously.
E4 Executive session pursuant to A.R.S. § 38- 431.03(A)(3) and (4) to receive legal advice
and consult with the Town's attorneys regarding the lawsuit entitled Mario Valencia v. Town of
Marana, et al, United States District Court No. CV- 00087 -RCC. Mr. Cassidy asked for a motion
giving authorization to outside counsel to procee m the manner as discussed in executive
session. Motion to proceed as discussed in executive session by Vice Mquor Post, second by
Council Member Kai. Passed unanimously.
FUTURE AGENDA ITEMS
ADJOURNMENT. Motion to adjourn dt 8:22 m. by Council Member McGorray, second by
Council Member Bowen. Passed unanimously.
CERTIFICATION991i
I hereby certify that the foregoing AVe the true and correct minutes of the Marana Town Council
meeting hel ay 17, 2016. further rtify that a quorum was present.
Jocelyn C. Bronson, Town Cl
May 17, 2016 Regular Council Meeting Minutes 8
Marana Council Agenda 06/07/2016 Page 52 of 65
% 1 N1
1
9
7
i 10 T(3S_.T 1; -
Council - Regular Meeting L1
Meeting Date: 06/07/2016
To: Mayor and Council
Submitted For: Jocelyn C. Bronson, Town Clerk
From: Hilary Hiser, Records Administrator
Date: June 7, 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 Patrick Nilz on behalf of the Marana Heritage Conservancy for the
4th of July celebration to be held on July 4, 2016 (Jocelyn C. Bronson)
Discussion:
This application is for a special event liquor license on behalf of the Marana Heritage
Conservancy for the 4th of July celebration to be held on July 4, 2016.
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
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
Marana Council Agenda 06/07/2016 Page 53 of 65
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 Patrick Nilz on behalf of the Marana Heritage
Conservancy for the 4th of July celebration to be held on July 4, 2016.
OPTION 2: I move to disapprove the special event liquor license application submitted by
Patrick Nilz on behalf of the Marana Heritage Conservancy for the 4th of July celebration to be
held on July 4, 2016.
Attachments
Redacted Application
Series Description Special Event Liquor License
Marana Council Agenda 06/07/2016 Page 54 of 65
r- 111ty C7NI V
Vend:
Est be corn ter it vv� be xetumed.
�UKT'ANT INFORMA'rN- �rnent m business days prior to the event. 0 the IN
�ontrt� nest receive this app�ctrtion ten [ �� - n o a �afion that
The pepadment. of Uquor Menses and license or it the event wiR be on any portiof
be held at a loon a permanent � exn�rnent before submission to
specs event ense Oft ap��on must be approved by the fir►
is not covered the Ec •
" uor Ucenses and C o ntra (see Section 1,)~
the Depa�� of �
• �'
S�QN I N ame of organQatr�. ; . M
SEO.ON 2 Non- ProMARS Ta)c Exemp t Number.
SECToN
3 Th .or nmation is a: (check one box only) over t`ive 5) years)
tar rr�em�ers�hip and have be en in existence f�' •
ee
[3Char Qft � have regular Ballot measure or C ampaign comm
Rot .college Scholairship3 [3poRical Party►
[a
' the already approved premises? Yes o
• ithin
SECTi{3N 4 Will this even t be held on a currently licensed premise and w
Ncpme of Phone Onciude Area Cade]
Business license Number
• eve
g oing to conduct all dispensing, serving, and
selling o f spirifUO li quors? PleSe
-
i'd -r
SECS How is th is sp eci al eve g g guide) and check one of the following boxes.
318 fc� xp
r e lanation Took in special event planning
[3PIace license in nonuse der retailer's license
Dispense and serve all spintuovs liquors un
p S s p ecial event i and serve all s piritu ous li quors under p
13 ' mise between special event and retail location the license during the
split pre age nt /owner of the licensed premise to suspend
�a� license, submit a letter of agreement from the ale 1 suspend that portion of the premise.}
(if M � ~on 4t p rem ise, agent /owner will need to p
event. If the sped event is only using a pork • OBoth
• tiff -site (auct
What is the purpose of this event? on -site consume o
n r3o
SECTiDN b i
Loc ation of the Event:
SECTION 7' Loc y
Address of Location: street
fesfiivalOcrafl distiller festival? Mes
_0�
state
Zip
SEC 1.ON 8 Will this be .stacked with a wine
and authorized by an officer, Director or chairperson
SECTio�`N 9 Applicant must be a member of the qualifying organization
. 1 . Autho6zin signature is required in Section 13.)
of the Organization named in Section g
owe OT DINII
. �..
�^
1:. Applicant. f irst Middle -
Lost �
2. Applicant's mailing address: - � ,
street
- Applicant's business phone:
3. Applicant's homelcell phone. �
4. Applicant's email address:
Parana Council Agenda 06/07/2016 Page 55 of 65
r(� O-AC-
1 �! r7n1 r _ P a ge i �J -S.:. ^.- r► ^if II,n I rd9;.90!7.
5E�11t3N 1 - revoked within the last five (5) y ears?
1. Has the applic nt
b een conVict�ed of a felony. or had a liquor licens e re
OYes (if yes, anach expianarIon•)
• been issued to this location this year
2. How many spec +ai event Incenses have vents per year, exce ptions under A.R.S. 0-203.0
(The number cannot exceed �� e p •�
the eVent� -- es DO
• e se of a prom or other person to manag of the Agreement.}
3. is the organization using th (H yes, attach a copy
t for 1 00% of the proceeds. The organization
who will receive the proceeds. Account Mach an additional page if necessary.
4. List all people and organizations e1enues of the special eve liquor sales. A -
�.w
a p pl y i ng must receive 25% of the gross r 4 ,
r { 1_.. 6a erce ntage`.
-Y -.. y -�
Name
N r
State ZIP
Address st�street _ CAY
Perc entage.
.. .......... .
Name _.
Address
Street
En
_ Zip
State
. - -�D5 Re uirements for
5. Please read A.R.S. § 4 203 .02 a S ecial Event License.
ecial event rice se rules and R1 9 1 EVENT SITE ONLY. SALE �#iJST �� FOR cONSU�PTIC]N AT THE OR T
Note: ALL ALCOHOLIC BEVERAGE SA RE IN AUCTION SEALED CONTAINERS
LL LEAVE SPECIAL EVENT U NLESS THEY EY A SE„ .......
;ENO ALCOHOLIC BEVERAGES SHA WINE CRAFT D15TILLERY FESTIVAL LICEN
SPE
CIAL EVENT LICENSE IS STACKED WITH
vent violations of liquor laws at this event
uri and control ers ff a p plicable.)
6. Wh type of sec tY l measures will you take to pre p and type of fencing or contro barri P
ttisttype and number of police /sec p '# Personnel F encin g Barriers
Number of Police
Number of Secure y
Explanation:
SECTION 11 Date(s) and H 4 - 244( 1 5 ) o of E vent.
(17)po legal hours of service. utive days.
See A.R.S. §
#date
DAY 1 .
DAY 2:
DAY 3:
DAY 4:
DAY 5:
DAY 6:
DAY 7:
DAY 8:
DAY 9.
DAY 10:
Marana Council Agenda 06/07/2016
pay of Week
Evert start
rime AM /PM
license End
rime AM/PM
Page 56 of 65
Page 2 of 4
r�� rOn I _ . . ,�, . f-rill IA021 2-9027.
' ises for your special e vent is the area in which you are authorized
.. ram. The licensed prem
� C3 N -2 License pre '
1 mises drag ur license. The following space is to be used to
lcoholic beverages under the provisions of your servin areas, fencing barri
S E� cades, or
to sell, dispense or serve a
prepcsre -fa diagram of your special event licensed premises. Please show dimensions,
other contro mea sures and s ecurity po s~ifion. -
Marana Council Agenda 06/07/2016
NT
Page 57 of 65
-7 1110 PIM 4 Page 3 of 4 "rAl 11%n93 ;a9- -9027.
a' svn of th named in Section .
com tad one by an offi Dir ector or Ch �rper .�,.
.:5� i 3 To be CHAIRPERSON
' declare that l am a ����. DIRECTOR, or
�• r� foregoing Ding organization for a Special Event
• �.e ant Fisted in Section 9. t apply
on behalf of the
appo ��
Liquor License. �".
)C
Me/ Poalm
�f3 this � Year
t was ackno before �
The foregoing rWr
State County of
`/
. d
my CornrKissron des o n.
Ddle
axe of Notary
Notary Public
. on b the app�cant named in Section 9.
My Comm. Expires 09-1 .1
SECT
�N 14 Thrs secfi Is to be completed � Y
arin the APPLICANT - a nQ.
G
declare that l Sutherlan
k 1q Nftfubo
r
�p� Fa1 � aEne � ���� Coun
ation the e contents and all sta emen d• ty, Arizona
Section 9. � have rea d th app a
listed in My Comm. Expires p).
t �"' � �
om
< �� Y�
�#
X P� nay
h!5 ar
'n��e�'1t was a Cl�n before rye t �► Mord#� Ye � n--
The for oin9 i
State
'f County of
V I a�
my Common Explres on. DOW � **=Y **=Y Y PuW
o�Vernin board for add'rfional apprcation requireme
nts and submission deadlines. Additional
t the kcal g g more information, please contact your local
Please contact anal m ay be granted. For
licensing fees nnay also be required beft�re appr
'urisd t�ri htt www.azi uor_ oV assets doc
uments n me a e does s ec event links. df.
SECI"!oN
Local Governing Body Approval Section
recommend OAPI'ROVAI- 0 DISAPPROVAL
1. 0ff1Ck@}
n behalf of vas PhD
o ��
(aly. Town. county)
F R DEPARTMENT OF L.IC�UOR LICENSES AND CONTROL USE LY
ON
OAPPROVAt E# DISAPPROVAL By** DATE:
A.R.S. § 41 -1030. MONEY 1 'ruses E 'we - - - - --
em t• ee
• en#or em
e& n fit a on p licensing requirement or c ondit ian that �s not
shall not base a licensing decision in whole ar ;n pa rant of author
i#y in statute does not constitute a
B. An age
A genera g
� statute, rule or state tribal gaming compact• to that eneral grant of authority that
specifically authorized by nt or condition unless a rule is made pursuant g
basis for imposing a licensing requireme n NST THE STATE. THE
specifically authorizes the requirement or condo # +a CIVIL ACTION AND RELIEF MAY BE AWARDED AGAI TO A
FEES ASSOCIA
EES► DAMAGES
D. THIS SECTION MAY BE ENFORCED IN A PRIVATE T
REASONABLE ATTORNEY ED WITH THE LICENSE APPLICATIO
F AND ALL SECTION. IOLATION OF THIS SECTION IS
PARTY THAT PREVAILS COURT MAY AWARD GA THE STATE FORA VIOLATION OF THIS SEC
IN AN ACTION A THIS SECTION. A V
E. A STATE EMPLOYEE MAY NOT INTENTIONALLY OR KN OWINGLY VIOLATE PERSONNEL POLICY.
PURSUANT TO THE AGENCY S ADOPTED PE _ 2o.a�.
Marana Ccju
CAUSE FOR DISCIPLINARY ACTION OR DISMISSAL UNITY PROVIDED BY SECTION i 2- 82D.�� DR 1 � S
n��1� I� ABROGATE THE IMM
g� Page 58 of 65
Page 4of4
-I Inn Inn 7 C 1,n ) c A -9097 .
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 Council Agenda 06/07/2016 Page 60 of 65
% 1 N1
1
7
i 10 T(3S_.T 1; -
Council - Regular Meeting Al
Meeting Date: 06/07/2016
To: Mayor and Council
From: Lisa Shafer, Community Development Director
Date: June 7, 2016
Strategic Plan Focus Area:
Not Applicable
Subject: Resolution No. 2016 -058: Relating to Animal Control; approving and authorizing the
Mayor to execute Amendment No. O 1 to the existing intergovernmental
agreement between the Town of Marana and Pima County for the provision of animal
control services within the Town of Marana (Lisa Shafer)
Discussion:
The current Intergovernmental Agreement (IGA) between Marana and Pima County for animal
control services within the Town limits is set to expire on June 30, 2016. In lieu of a new IGA for
fiscal year 2017, the Town and the County have agreed to a one year extension of the existing
IGA. All services performed by the County will remain the same and it is anticipated that our
costs for FY2017 will be approximately $222,000 and revenues will be about $85,000. These
budgeted amounts have been increased from the $185,000 and $75,000 budgeted for this current
fiscal year. It is anticipated that the Town will exceed the current budget this fiscal year and
therefore the amounts for next year have been increased to meet the current demand.
Under the current 2014 -2016 IGA, Pima Animal Care Center collects all license, kennel and
adoption fees for animals licensed in or originating from Marana. The Town receives the
revenue from these operations monthly. The Town is also billed monthly for all expenses
attributed to the Marana jurisdiction. Those costs included enforcement, sheltering, spay /neuter
and other vet services, licensing and administrative expenses. All violations of the Town Code
are cited into Marana Municipal Court and prosecuted by the Town's Legal Department. The
Town retains all fees and fines imposed in those cases.
The Town will continue to explore other options for animal control services as directed by
Council during the May 17th study session.
Marana Council Agenda 06/07/2016 Page 61 of 65
Financial Impact:
Fiscal Year: 2017
Budgeted Y/N: Y
Amount: $222,000
Expenditures in the amount of $222,000 and revenues of $85,000 have been anticipated and
budgeted in the 2017 fiscal year.
Staff Recommendation:
Staff recommends approval of Amendment No. 01 to the IGA with Pima County for the provision
of animal control services.
Suggested Motion:
I move to adopt Resolution 2016 -058, approving and authorizing the Mayor to execute
Amendment No. O 1 to the existing intergovernmental agreement between the Town of Marana
and Pima County for the provision of animal control services within the Town of Marana.
Attachments
Resolution 2016 -058
IGA Amendment No 1
Marana Council Agenda 06/07/2016 Page 62 of 65
MARANA RESOLUTION NO. 2016-058
RELATING TO ANIMAL CONTROL; APPROVING AND AUTHORIZING THE MAYOR
TO EXECUTE AMENDMENT NO. 01 TO THE EXISTING INTERGOVERNMENTAL
AGREEMENT BETWEEN THE TOWN OF MARANA AND PIMA COUNTY FOR THE
PROVISION OF ANIMAL CONTROL SERVICES WITHIN THE TOWN OF MARANA
WHEREAS on September 9, 2014, the Town Council adopted Resolution No. 2014 -082
approving and authorizing the Mayor to execute an intergovernmental agreement with Pima
County for the provision of animal control services within the Town for the period of July 1,
2014 through June 30, 2016; and
WHEREAS the Town Council finds that renewal of this intergovernmental agreement
between the Town of Marana and Pima County will benefit the citizens of the Town of Marana
and will be in the Town's best interest.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. Amendment No. 01 to the existing intergovernmental agreement between
Pima County and the Town of Marana renewing the agreement for one year through June 30,
2017, attached to and incorporated by this reference in this resolution as Exhibit A, is hereby
approved and the Mayor is hereby authorized to execute it for and on behalf of the Town of
Marana.
SECTION 2. The Town's Manager and staff are hereby directed and authorized to
undertake all other and further tasks required or beneficial to carry out the terms, obligations, and
objectives of the intergovernmental agreement.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 7th day of June, 2016.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
00046960.DOCX /1
Marana Resolution No. 2016 -058
Marana Council Agenda 06/07/2016
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
-1-
Page 63 of 65
INTERGOVERNMENTAL AGREEMENT
BETWEEN
PIMA COUNTY AND THE TOWN OF MARANA
AGREEMENT NO. CTN -14 -0194
AMENDMENT NO. 01
ORIGINAL CONTRACT TERM:
07/01/14-06/30/2016
ORIGINAL CONTRACT AMOUNT:
$0.00
TERM PRIOR AMENDMENT:
N/A
AMOUNT PRIOR AMENDMENTS:
$0.00
TERM THIS AMENDMENT:
06/30/17
AMOUNT THIS AMENDMENT:
$0.00
RENEWALS LEFT:
02
REVISED CONTRACT AMOUNT:
$0.00
AMENDMENT
WHEREAS, Pima County, a political subdivision of the State of Arizona, hereinafter referred to as
"COUNTY ", and the Town of Marana, a municipal corporation of the State of Arizona,
hereinafter referred to as "TOWN" have entered into an Intergovernmental Agreement
( "Agreement "); and
WHEREAS, pursuant to A.R.S. § 11 -952 the COUNTY and the TOWN entered into an Agreement
in a joint effort to provide animal control services within the geographical jurisdiction of the
TOWN in accordance with the Town Code for the provision of vaccination and dog licensing
requirements, dog license fees, leash laws, intake of stray animals, animal cruelty and neglect,
dangerous animals, diseased animals, biting animals, animal waste, and excessive noise; and
WHEREAS, the parties wish to amend the agreement to extend the term for an additional year;
NOW, THEREFORE, the following Amendment is agreed upon as follows:
CHANGE: Article III. DURATION AND EFFECTIVE DATE:
FROM: The term of this Agreement shall become effective July 1, 2014 and shall
continue until June 30, 2016. The Parties shall have the option of extending this
Agreement for up to three (3) additional one (1) year periods or any portion
thereof. Any modification, termination, or extension shall be made by formal
written amendment executed by the Parties.
TO: The term of this Agreement shall become effective July 1, 2014 and shall
continue until June 30, 2017. The Parties shall have the option of extending this
Agreement for up to two (2) additional one (1) year periods or any portion
thereof. Any modification, termination, or extension shall be made by formal
written amendment executed by the Parties.
ADD: Article XVIII. COUNTERPARTS as follows:
This Agreement may be executed in two or more counterparts, each of which
shall be deemed an original, but all of which together shall constitute one and
the same instrument. The signature pages from one or more counterparts may
be removed from such counterpart and attached to a single instrument.
Town of Marana Amd1 Page 1 of 2
Marana Council Agenda 06/07/2016 Page 64 of 65
All other provisions of the Intergovernmental Agreement, not specifically revised by this
Amendment, remain unchanged.
IN WITNESS WHEREOF, the Parties do hereby agree to carry out the terms of this Amendment to
the INTERGOVERNMENTAL AGREEMENT.
PIMA COUNTY TOWN OF MARANA
By: By:
Chair, Board of Supervisors Date Mayor Date
ATTEST ATTEST
By: By:
Clerk, Board of Supervisors Date Town Clerk Date
APPROVED AS TO CONTENT
By:
Pima County Health Department
APPROVED AS TO FORM
Pursuant to A.R.S. § 11- 952(D), the attorney for each respective party has determined that the
foregoing Agreement is in proper form and is within the powers and authority of the entity as
granted under the laws of the state.
By: By:
Deputy County Attorney Date Legal Counsel, Town of Marana Date
Town of Marana Amd1 Page 2 of 2
Marana Council Agenda 06/07/2016 Page 65 of 65