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HomeMy WebLinkAboutRegular Council Agenda Packet 03-21-2017 MARANA AZ ESTABLISHED 1977 MARANA TOWN COUNCIL REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, March 21, 2017, at or after 7:00 PM Ed Honea, Mayor Jon Post, Vice Mayor David Bowen, Council Member Patti Comerford, Council Member Herb Kai, Council Member Carol McGorray, Council Member Roxanne Ziegler, Council Member Pursuant to A.R.S. § 38-431.02 notice is hereby given to the members of the Marana Town Council and to the general public that the Town Council will hold a meeting open to the public on March 21, 2017, 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 electronic devices. Meeting Times Welcome to this Marana Town Council meeting. Regular Council meetings are usually held the first and third Tuesday of each month at 7:00 PM at the Marana Municipal Complex, although the date or time may change and additional meetings may be called at other times and/or places. Contact the Town Clerk or watch for posted agendas for other meetings. This agenda may be revised up to 24 hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda. Speaking at Meetings If you are interested in speaking to the Council during the Call to the Public or Public Hearings, you must fill out a speaker card (located in the lobby outside the Council Chambers) and deliver it to the Town Clerk prior to the convening of the meeting. Marana Regular Council Meeting 03/21/2017 Pagel of 70 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) 382-1999. Requests should be made as early as possible to arrange the accommodation. Agendas Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online at www.marana.com, by linking to the Town Clerk page under Agendas, Minutes and Recent Actions. For questions about the Council meetings, special services or procedures, please contact the Town Clerk, at 382-1999, Monday through Friday from 8:00 AM to 5:00 PM. This Notice and Agenda Posted no later than 24 hours prior to the meeting, at the Marana Municipal Complex, 11555 W. Civic Center Drive, the Marana Operations Center, 5100 W. Ina Road, and at www.maranaaz.gov under Agendas and Minutes. REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCEANVOCATIONIMOMENT 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. Pursuant to the Arizona Open Meeting Law, at the conclusion of Call to the Public, individual members of the Council may respond to criticism made by those who have addressed the Council, and may ask staff to review the matter, or may ask that the matter be placed on a future agenda. PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Marana Regular Council Meeting 03/21/2017 Page 2 of 70 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 Resolution No. 2017-019; Relating to Development: approving a release of assurances for Saguaro Springs Block 8A and accepting public improvements for maintenance (Keith Brann) C2 Resolution No. 2017-020: Relating to Municipal Court; approving the appointment of George Dunscomb and Maria Avilez as magistrates pro tempore for the Marana Municipal Court (Laine Sklar) C3 Resolution No. 2017-021: Relating to Public Works; approving and authorizing the Mayor to sign an intergovernmental agreement with the Regional Transportation Authority for the Arizona Pavilions Park and Ride, and authorizing the Manager to negotiate and sign a lease with the Arizona Pavilions developer for the Arizona Pavilions Park and Ride (Lisa Shafer) C4 Approval of March 7, 2017 Regular Council Meeting Minutes and March 14, 2017 Study Session Meeting Minutes (Jocelyn C. Bronson) LIQUOR LICENSES L1 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a special event liquor license application submitted by Rev. Fr. Virgilio Tabo Jr. on behalf of St. Christopher Roman Catholic Church for Church Fiesta to be held on April 29, 2017 (Jocelyn C. Bronson) BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION A 1 Ordinance No. 2017.006: Relating to Parks and Recreation; amending Marana Town Code Chapter 13-1 (Parks and Recreation Regulations); amending section 13-1-3 (Use and occupancy rules and regulations) to exclude regulation of model aircraft; adding new section 13-1-4 entitled "Model aircraft operation; definition; prohibitions; exceptions"; and designating an effective date (Jane Fairall) Marana Regular Council Meeting 03/21/2017 Page 3 of 70 A2 Resolution No. 2017-022: Relating to Parks and Recreation; approving and authorizing the Mayor to execute a Lease Agreement between the Town of Marana and Saint Christopher Roman Catholic Parish-Marana for the construction and maintenance of a pocket park in Honea Heights (Cynthia Nemeth-Briehn) A3 Resolution No. 2017-023: Relating to Administration; approving the transfer of up to $156,000 in budgeted expenditure authority from the General Fund contingency line item in the fiscal year 2016-2017 budget to various accounts within Community Development and Neighborhood Services for expenses related to startup costs for the new Marana Animal Services division; and authorizing the increase of budgeted full-time equivalent positions from 346.63 to 348.63 for the addition of two Marana animal control officer positions (Erik Montague) A4 Ordinance No. 2017-007; Relating to Finance; amending the Town of Marana comprehensive fee schedule; and declaring an emergency (Tony Hunter) 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. E2 Executive session pursuant to A.R.S. § 38-431.03(A)(4) for discussion or consultation with the Town's attorneys in order to consider its position and instruct its attorneys regarding the public body's position regarding settlement discussions conducted in order to resolve litigation in Town of Oro Valley v. Bennett, Pima County Superior Court No. C20160706, funded by the Town of Marana as Lead Agency for the Tangerine Corridor project. E3 Executive session pursuant to A.R.S. § 38-431.03(A)(4) for discussion and consultation with the Town's attorneys in order to consider its position and instruct its attorneys regarding the Town's position in pending litigation and in settlement discussions conducted in order to resolve litigation in Mandarina LLC v Town of Marana, Pima County Superior Court No C20161982. Marana Regular Council Meeting 03/21/2017 Page 4 of 70 FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion regarding the items to be placed on the agenda, if three or more Council members request that an item be placed on the agenda, it must be placed on the agenda for the second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2-4-2(B). ADJOURNMENT Marana Regular Council Meeting 03/21/2017 Page 5 of 70 MA"NA AZ ESTABLISHED 1977 Council-Regular Meeting C1 Meeting Date: 03/21/2017 To: Mayor and Council Submitted For: Keith Brann, Town Engineer From: Gus Myers, Engineering Technician Date: March 21, 2017 Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2017-019; Relating to Development: approving a release of assurances for Saguaro Springs Block 8A and accepting public improvements for maintenance (Keith Brann) Il „, Discussion: Saguaro Springs Block 8A is a 31.8 acre subdivision located north of Twin Peaks Road and east of Saguaro Peaks Boulevard, containing lots 1-130, common areas 'A' and 'B', and is recorded at the Pima County Assessor's Office at Book 62, Page 7. The Town has an assurance agreement assuring the completion of public improvements. The subdivider has completed the public improvements, including paved streets and a potable water system, acceptable to the Town standards in accordance with the assurance agreement. Staff Recommendation: Staff recommends the adoption of Resolution No. 2017-019, approving a release of assurances for Saguaro Springs Block 8A and accepting public improvements for maintenance. Suggested Motion: I move to adopt Resolution No. 2017-019, approving a release of assurances for Saguaro Springs Block 8A and accepting public improvements for maintenance. iii .. Attachments Marana Regular Council Meeting 03/21/2017 Page 6 of 70 Resolution No. 2017-019 Saguaro Springs Block 8A Location Map Marana Regular Council Meeting 03/21/2017 Page 7 of 70 MARANA RESOLUTION NO. 2017-019 RELATING TO DEVELOPMENT; APPROVING A RELEASE OF ASSURANCES FOR SAGUARO SPRINGS BLOCK 8A AND ACCEPTING PUBLIC IMPROVEMENTS FOR MAINTENANCE WHEREAS the final plat for `Saguaro Springs Block 8A Lots 1 to 130 and Common Areas "A" (Open Space, Recreation, Drainage, Public Utilities, Road Maintenance & Signage) and `B" (Open Space, Recreation, Public Utilities, Road Maintenance & Signage)' ('Saguaro Springs Block 8A") was recorded in the Pima County Recorder's Office on December 21, 2006, at Book 62 of Maps and Plats, Page 7 (Sequence 20062450478); and WHEREAS the Town has a third parry trust substitute assurance agreement (the "Assurance Agreement") with D.R. Horton, Inc. (the "Subdivider") and Title Security Agency of Arizona, LLC, under Trust No. 201434-T, recorded in the Pima County Recorder's office on October 8, 2015, at Sequence 20152810406, assuring the completion of public improvements for Saguaro Springs Block 8A; and WHEREAS the Subdivider has completed the public improvements for Saguaro Springs Block 8A acceptable to Town standards in accordance with the Assurance Agreement. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana as follows: Section 1. The Assurance Agreement is hereby released. Section 2. The Town accepts for maintenance, including maintenance of regulatory traffic control and street signs, approximately 1.43 miles of the following paved streets as shown on the plat of Saguaro Springs Block 8A: • Fulbrook Way • Fairford Road • Airdale Road • Curzon Road • Blakebrook Road • Saguaro Skies Road • Rowena Way • Saguaro Bloom Way • Hidden Saguaro Trail Section 3. The Town accepts for maintenance the potable water system serving Saguaro Springs Block 8A, consisting of approximately 7,551 linear feet of potable water line, water meters, valves, fire hydrants and appurtenances with an estimated value of$348,949. 00051180.DOCX/1 Marana ResohtionNo.2017-019 - 1 - 2/28/20174:28PM Marana Regular Council Meeting 03/21/2017 Page 8 of 70 Section 4. The approved water plans for the potable water system serving Saguaro Springs Block 8A also included the potable water systems accepted by the Town for maintenance by Marana Resolution No. 2014-019 (approving the release of assurances for Saguaro Springs/Saguaro Bloom Block 8B) and Marana Resolution No. 2016-061 (approving the release of assurances for Saguaro Springs/Saguaro Bloom Block 4), so this resolution is intended to include the Town's acceptance for maintenance of the entire potable water system included in the approved water plans for Saguaro Springs/Saguaro Bloom Blocks 4, 8A, and 8B. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21 st day of March, 2017. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney 00051180.DOCX/1 Marana ResohtionNo.2017-019 - 2 - 2/28/20174:28PM Marana Regular Council Meeting 03/21/2017 Page 9 of 70 I � m VNOZISV `A1N100 Wild 'VNVSYII 30 RM01 S'owdS 02tV(iJVS `t 8 v V SV38V NOWWOO)d 0 t9—t 5101) 8 v Y SN3010 I 3S1tHd 8ON18dS 4aY11OYB e -mom �vsa rvmzan .� a0d SNVId-3?VMV8a OW®NIAVd i l A GivuNMN (r te! g X. My araru�d : `" Ash ( m 4 mww WN "K g r e ti r co V go SIF Y` i 1 / a 9 � <..ix ti� , t � G4 �•� tcx I: �,j'� �� `5 $�$�1�3.�� alb ,� wg a� ��� 4�9��'• x,`3� �� e � 7 � � I r; w, m /1)( ��, MARANA AZ ESTABLISHED 1977 Council-Regular Meeting C2 Meeting Date: 03/21/2017 To: Mayor and Council From: Laine Sklar, Town Magistrate Date: March 21, 2017 Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2017-020: Relating to Municipal Court; approving the appointment of George Dunscomb and Maria Avilez as magistrates pro tempore for the Marana Municipal Court(Laine Sklar) Il „, 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. Town Magistrate, Laine Sklar, has determined that it is necessary to appoint additional judges pro tempore for the reason that Arizona Supreme Court Chief Justice Scott Bales has developed a strategic agenda for the Arizona court system that includes improving access to justice. In order to advance that agenda, courts throughout Pima County have been coming together to host weekend and night court sessions. Due to the relatively small number of cases heard at these sessions from "outlying" courts, to include Marana, Oro Valley, and Sahuarita, it would be in the interest of judicial economy for one judge to be present to hear cases from all three courts. For that reason Judge Sklar recommends the Council appoint Oro Valley magistrate George Dunscomb and Sahuarita magistrate Maria Avilez to serve as magistrates pro tempore for the Town of Marana. This will allow the three judges to rotate participation in these weekend and night court sessions. This will also allow Judges Dunscomb and Avilez to hear any cases at these events that Judge Sklar cannot hear due to her prior employment as the Town Prosecutor. Judges Dunscomb and Avilez are sitting judges in their respective jurisdictions and meet the qualifications to serve as magistrates pro tempore for the Marana Municipal Court. Marana Regular Council Meeting 03/21/2017 Page 11 of 70 Staff Recommendation: Staff recommends the Town Council approve the appointment of Judges Dunscomb and Avilez as magistrates pro tempore for the Marana Municipal Court. Suggested Motion: I move to adopt Resolution No. 2017-020, appointing George Dunscomb and Maria Avilez as magistrates pro tempore for the Marana Municipal Court. iii .. Attachments Resolution No. 2017-020 Marana Regular Council Meeting 03/21/2017 Page 12 of 70 MARANA RESOLUTION NO. 2017-020 RELATING TO MUNICIPAL COURT; APPROVING THE APPOINTMENT OF GEORGE DUNSCOMB AND MARIA AVIL.EZ AS MAGISTRATES PRO TEMPOREFORTHEMARANA MUNICIPAL COURT WHEREAS Section 5-2-1 ofthe Marana Town Code provides that the Town Council mayappoirt special magistrates or acting magistrates,also known as magistrates pro tempore,for the purposes ofhear- ing a particular case or acting as the Town Magistrate in the Town Magistrate's absence; and WHEREAS the Town Council, upon recommendation of the Town Magistrate, the Honorable Laine Sklar, has determined that it is necessary to appoint qualified individuals to serve as magistrates pro tempore on an as-needed basis in the Marana Municipal Court; and WHEREAS pursuant to Arizona Supreme Court Chief Justice ScottBales's strategic agenda"Ad- vancing Justice Together,"that promotes access to justice, regional weekend and night court sessions are being held in Pima County; and WHEREAS the Town Magistrate wishes to participate in these regional weekend and night court sessions collaboratively with the towns of Oro Valley and Sahuarita, so that one judge can be present to hear cases from all three jurisdictions; and WHEREAS the Town Magistrate recommends that the Town Council appoint the Honorable George Dunscomb,Oro Valley magistrate,and the Honorable Maria Avilez, Sahuarita magistrate,as mag- istrates agistrates pro tempore for the Town of Marana for the purpose of participating in night and weekend court sessions; and WHEREAS the Town Council finds that Judges Dunscomb and Avilez meet the qualifications im- posed by Arizona law and possesses the requisite skill and character to perform as a 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 appoints the Honorable George Dun- scomb and the Honorable Maria Avilez as magistrates pro tempore for the Town of Marana for the pur- pose of participating in weekend and night court sessions. Marana Resolution No.2017-020 Marana Regular Council Meeting 03/21/2017 Page 13 of 70 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,Arizona,this 21st day of March, 2017. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Marana Resolution No.2017-020 Marana Regular Council Meeting 03/21/2017 Page 14 of 70 /1)( ��, MARANA AZ ESTABLISHED 1977 Council-Regular Meeting C3 Meeting Date: 03/21/2017 To: Mayor and Council From: Frank Cassidy, Town Attorney Date: March 21, 2017 Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2017-021: Relating to Public Works; approving and authorizing the Mayor to sign an intergovernmental agreement with the Regional Transportation Authority for the Arizona Pavilions Park and Ride, and authorizing the Manager to negotiate and sign a lease with the Arizona Pavilions developer for the Arizona Pavilions Park and Ride (Lisa Shafer) Il „, Discussion: The existing Arizona Pavilions Park and Ride needs to be relocated. With the development of the Westside Retail Stores in Arizona Pavilions (just south of Dunkin Donuts and Taco Bell), the developer has requested the Arizona Pavilions Park and Ride to be relocated eastward, closer to Chili's Restaurant. The developer, Eric Rosenberg, has indicated that he is willing to grant a 10-year park and ride lease of 40 parking spaces plus sufficient area for the bus stop and shelter for $19,000 -- his estimated cost of re-surfacing the parking lot that will include the park and ride. To accomplish this, the RTA has expressed willingness to provide $20,000 to fund the relocation of the Arizona Pavilions Park and Ride. Town staff anticipates that this will be revenue-neutral to the Town. The remaining $1,000 will be put towards to costs associated with the relocation of the existing bus shelter. There are additional funds available within the Community Development transit budget to cover any improvements needed to the new shelter site. If approved, this item will authorize the Mayor to sign an IGA with the RTA to fund the Arizona Pavilions Park and Ride in the amount of$20,000, and will authorize the Town Manager to negotiate and sign a lease with the developer for the Arizona Pavilions Park and Ride. A copy of the IGA is provided as part of this agenda item, but the lease has not yet been created. Town staff anticipates this item will be presented to the RTA Board on March 23. This item is being presented at this time in hopes of an interruption-free relocation of the Arizona Pavilions Park and Ride. Marana Regular Council Meeting 03/21/2017 Page 15 of 70 Staff Recommendation: Staff recommends adoption of Resolution No. 2017-021, approving and authorizing the Mayor to sign an intergovernmental agreement with the Regional Transportation Authority for the Arizona Pavilions Park and Ride, and authorizing the Manager to negotiate and sign a lease with the Arizona Pavilions developer for the Arizona Pavilions Park and Ride. Suggested Motion: I move to adopt Resolution No. 2017-021, approving and authorizing the Mayor to sign an intergovernmental agreement with the Regional Transportation Authority for the Arizona Pavilions Park and Ride, and authorizing the Manager to negotiate and sign a lease with the Arizona Pavilions developer for the Arizona Pavilions Park and Ride. iii .. Attachments Resolution No. 2017-021 Exhibit A to Resolution APPR IGA Exh A to IGA RTA PnR Marana Regular Council Meeting 03/21/2017 Page 16 of 70 MARANA RESOLUTION NO. 2017-021 RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR TO SIGN AN INTERGOVERNMENTAL AGREEMENT WITH THE REGIONAL TRANSPORTATION AUTHORITY FOR THE ARIZONA PAVILIONS PARK AND RIDE, AND AUTHORIZING THE MANAGER TO NEGOTIATE AND SIGN A LEASE WITH THE ARIZONA PAVILIONS DEVELOPER FOR THE ARIZONA PAVILIONS PARK AND RIDE WHEREAS A.R.S. § 48 5301, et seq., authorizes the Regional Transportation Authority (RTA) to act as a regional taxing authority for the purpose of funding multi-modal transportation operations and improvements identified in the Regional Transportation Plan approved on May 6, 2006; and WHEREAS the RTA is authorized by A.R.S. § 48-5304 (16) and § 48-5308 to administer and distribute the regional transportation funds to the members of the RTA and to sell bonds in fixrtherance of that purpose to fund those projects or programs identified in the Regional Transportation Plan; and WHEREAS the Arizona Pavilions Park and Ride is a project that falls within the Park and Ride/Transit Centers Sub-Element of Regional Transportation Plan Element IV (Transit), and eligible for RTA funding; and WHEREAS the existing Arizona Pavilions Park and Ride needs to be relocated as the result of request by the developer under the existing park and ride lease, to accommodate new retail development within the Arizona Pavilions development project; and WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of the citizens of Marana to enter into the intergovernmental agreement and lease addressed by this resolution to facilitate the establishment of the Arizona Pavilions Park and Ride. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: Section 1. The intergovernmental agreement between the Town of Marana and the RTA for the Arizona Pavilions Park and Ride attached to this resolution as Exhibit A (the "APP&R IGA") is hereby approved, and the Mayor is authorized to execute it for and on behalf of the Town of Marana. Section 2. The Town Manager is hereby authorized to negotiate and sign on behalf of the Town of Marana a new park and ride lease with the current developer of the Arizona Pavilions development project (the 'Park & Ride Lease"), in form and substance acceptable to the Town Manager and the Town Attorney, sufficient to satisfy the Town's obligations under the APP&R IGA, so long as the Town's total financial obligations associated with the initial establishment of 00051337.DOCX/1 Marana ResohtionNo.2017-021 - 1 - 3/9/2017 1 1:00AM Marana Regular Council Meeting 03/21/2017 Page 17 of 70 the Arizona Pavilions Park and Ride under the Park & Ride Lease do not exceed the funding provided under the APP&R IGA. Section 3. The Town Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, conditions and objectives of the APP&R IGA and the Park&Ride Lease. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21st day of March, 2017. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney 00051337.DOCX/1 Marana ResohtionNo.2017-021 - 2 - 3/9/2017 1 1:00AM Marana Regular Council Meeting 03/21/2017 Page 18 of 70 INTERGOVERNMENTAL TRANSPORTATION FUNDING AGREEMENT BETWEEN THE REGIONAL TRANSPORTATION AUTHORITY OF PIMA COUNTY AND TOWN OF MARANA FOR ARIZONA PAVILIONS PARK AND RIDE This Agreement (hereinafter "the Agreement") is entered into by and between the Regional Transportation Authority of Pima County ("RTA" or "the Authority"), a special taxing district formed pursuant to Title 48 Chapter 30 of the Arizona Revised Statutes (A.R.S.), and the Town of Marana, an Arizona municipal corporation ("the Lead Agency") pursuant to A.R.S. § 11-952. RECITALS A. A.R.S.§ 48-5301, et seq., authorizes the Authority to act as a regional taxing authority for the purpose of funding multi-model transportation operations and improvements identified in the Regional Transportation Plan ("the Plan") approved by the voters at the special election held in Pima County, Arizona, on May 16, 2006. B. The governing board of the Authority is composed of representatives of each member of the regional council of governments in accordance with A.R.S. § 48-5303. C. Pursuant to A.R.S. § 48-5304 (12), the governing board of the Authority has sole authority to implement the elements of the Plan. D. Pursuant to A.R.S. § 48-5304 (13), the governing board of the Authority shall coordinate the implementation of the Plan among the local jurisdictions. E. A Regional Transportation Fund was established by the Arizona Legislature per A.R.S. § 48-5307 to be the repository for those funds collected for the purpose of funding the transportation projects identified in the Plan. F. The Authority is authorized by A.R.S. §§ 48-5304 (16) and 48-5308 to administer and distribute the regional transportation funds to the members of the Authority and to sell bonds in furtherance of that purpose to fund those projects or programs identified in the Plan. G. The Lead Agency, with funding from the Authority, wishes to provide a Park and Ride lot at the Arizona Pavilions retail center near the Interstate 10 Cortaro Road interchange ("the Project"). Marana Regular Council Meeting 03/21/2017 Page 19 of 70 RTA IGA AZ Pavilions Park and Ride 1 H. The Project is one of the transportation projects included in the Plan or is eligible for funding as part of a categorical program included in the Plan. L The Authority intends to fund the Project under the terms and conditions contained in this Agreement and has entered into this Agreement for that purpose. J. It is the policy of the Authority to require that a lead agency be identified and an intergovernmental agreement (IGA) be approved and entered into by the Authority and the lead agency before requests for funding reimbursement or payment can be processed by the Authority. K. The Town of Marana has been identified as the Lead Agency for the Project and will be responsible for all aspects of project implementation including, but not limited to, planning, project management, risk management, execution and administration of the Project. The Authority's role is limited to providing financial support to the Lead Agency for the Project, as described herein. L. The RTA's Administrative Code will control all payments and other procedures unless otherwise specified herein. O. The Authority and the Lead Agency may contract for services and enter into agreements with one another for joint and cooperative action pursuant WARS. § 11-951, et seq. NOW, THEREFORE, the Town of Marana and Authority, pursuant to the above and in consideration of the matters and things set forth herein, do mutually agree as follows: AGREEMENT 1. Purpose. The purpose of this Agreement is to set forth the responsibilities of the parties for the design, construction, maintenance and operation of the Project and to address the legal and administrative matters among the parties. 2. Project. The Project consists of a parking area land lease, as more fully described in the attached Exhibit A, including the following: a) Detailed project scope and schedule. b) Project budget and cost breakdown of items eligible for reimbursement by the Authority including any proposed billing of staff time directly attributable to Project. c) Total amount of RTA funding allowed for the Project plus a breakdown of any other regional, local, federal or state funding availab le. d) Designation of Project phases, if applicable, and any additional related agreements. e) Projected timeline. f) Identification of the Lead Agency's duly authorized representative for signing and submitting payment requests. 3. Effective Date; Term. This Agreement shall become effective upon its execution by both parties, and shall continue in effect until all improvements constructed pursuant to this Agreement are completed, all eligible reimbursement payments to the Lead Agency are concluded, and all warranties applicable to the Project have expired. Marana Regular Council Meeting 03/21/2017 Page 20 of 70 RTA IGA AZ Pavilions Park and Ride 2 4. Responsibilities of the Lead Agency. a. The Lead Agency shall be responsible for the delivery of the Project in accordance with this Agreement and all applicable design and construction standards. Design Standards are federal, state, county or municipal standards for engineering, traffic, safety or public works facilities design. Examples of Design Standards include the American Association of State Highway and Transportation Officials and Federal Highway Administration standards for highway engineering and construction, the Pima County/City of Tucson Standard Specifications for Public Improvements, the Pima County Roadway Design Manual, the Pima County Department of Transportation /City of Tucson Department of Transportation Pavement Marking Design Manual, and Pima County and municipal design guidelines for roadway lane widths and level of drainage protection. b. The Lead Agency shall immediately provide to the Authority copies of any and all contract documents and related materials upon request by the Authority. The Lead Agency shall retain the usual rights of the owner of a public contract including the authority to approve changes and make payments. However, any changes to the Project which would result in the final project cost deviating, by ten or more percent, from the Authority's budget amount for the Project, must be approved by the Authority in advance of those changes being made, regardless of the fact that the Authority will not be paying for them. c. The Lead Agency shall be responsible for all traffic management and public safety, including public notification, during construction of the Project. d. The Lead Agency shall operate and maintain the Project for the duration of the lease of the Park and Ride lot at the Arizona Pavilions, as it may be extended. e. The final cost of the Project shall be that amount necessary to complete the Project including any unanticipated work incorporated into the Project by change orders and amendments executed by the Lead Agency. The Lead Agency shall be responsible for all Project costs in excess of the RTA funds contributed to the Project. £ The Lead Agency shall exercise its power of eminent domain, if necessary, to acquire property needed for the Project. g. Inasmuch as the RTA's role is limited to Project funding, the Lead Agency agrees, to the fullest extent permitted by Arizona law, to indemnify, defend, and hold harmless the RTA and its Board and officers, from, for, and against, any and all claims, demands, damages, liabilities or penalties, brought by or on behalf of any persons or entities, arising out of the Lead Agency's activities in performance of its obligations under this Agreement or use of RTA's resources, as described herein, regardless of how such claims are worded or styled, and regardless of the specific cause of action or type of claim asserted. This subsection shall survive termination of this Agreement. h. The Lead Agency shall require its contractors performing any portion of the Project to name the Authority as additional insured and additional indemnitee with respect to Marana Regular Council Meeting 03/21/2017 Page 21 of 70 RTA IGA AZ Pavilions Park and Ride 3 insurance policies for general liability, automobile liability and defects in design in all of the Lead Agency's contracts for the Project. The Lead Agency shall also require its contractors to name the Authority as an additional beneficiary in any performance and payment related assurances posted for the Project. i. Monthly, the Lead Agency shall be responsible for preparing and submitting to the Authority reimbursement requests (invoices). Said requests shall be signed by a duly authorized representative of the Lead Agency and shall include sufficient background information documenting payments made to contractors, vendors or any other eligible costs identified in this Agreement or the RTA's Administrative Code. The Lead Agency must retain and certify all vendor receipts, invoices and any related Project records as needed and ensure that they are available for review for a minimum of five (5) years after final payment is made unless otherwise specified herein. j. The Lead Agency shall be responsible for submitting a status report describing its progress and adherence to the Project scope, schedule and budget. Progress reports shall be submitted to the RTA monthly. k. The Lead Agency shall adhere to the RTA Administrative Code, including the requirements for a Project Charter (where applicable), a Project Closeout Meeting (Roadway Element Projects) and reimbursement limits. L All right of way remnants from properties acquired with Project funds shall be disposed of in accordance with RTA Policy. All proceeds from the disposal shall be returned to the RTA for expenditure on RTA eligible expenses. In the event the disposal of the property occurs after the Project is completed, the funds shall be returned to the RTA for reallocation to other projects. This subsection shall survive termination of this Agreement. 5. Responsibilities of Authority. a. Upon receipt of reimbursement requests, the Authority shall convey to the Lead Agency RTA funds in the amount specified in the Exhibits, on a reimbursement basis, unless otherwise specified herein. All payments and reimbursements shall follow the policies outlined in the RTA's Administrative Code. b. Reimbursements will generally be based on the Project schedules established by the Lead Agency and contained in the Exhibits. c. The RTA staff will review all payment requests to confirm that the request is for reimbursement of costs incurred by the Lead Agency for the Project. If the Authority determines that additional information is needed, the Lead Agency will be notified of the request for additional information within five business days of the receipt of the invoice by RTA. d. Upon approval of the request by RTA, the invoice will be processed for payment within thirty days of the invoice being accepted as complete. Marana Regular Council Meeting 03/21/2017 Page 22 of 70 RTA IGA AZ Pavilions Park and Ride 4 e. RTA shall provide all necessary cooperation and assistance to its fiscal agent to process all payment requests from the Lead Agency. 6. Termination. Either parry may terminate this Agreement for material breach of the Agreement by the other parry. Prior to any termination under this paragraph, the parry allegedly in default shall be given written notice by the other parry of the nature of the alleged default. The parry said to be in default shall have forty-five days to cure the default. If the default is not cured within that time, the other parry may terminate this Agreement. Any such termination shall not relieve either parry from liabilities or costs already incurred under this Agreement. 7. Non-assignment. Neither parry to this Agreement shall assign its rights under this Agreement to any other parry without written permission from the other parry to this Agreement. 8. Construction of Agreement. a. Entire agreement. This instrument constitutes the entire agreement between the parties pertaining to the subject matter hereof and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. Any exhibits and the Recitals to this Agreement are incorporated herein by this reference. b. Amendment. This Agreement may be modified, amended, altered or changed only by written agreement signed by both parties. c. Construction and interpretation. All provisions of this Agreement shall be construed to be consistent with the intention of the parties as expressed in the Recitals hereof d. Captions and headings. The headings used in this Agreement are for convenience only and are not intended to affect the meaning of any provision of this Agreement. e. Severability. In the event that any provision of this Agreement or the application thereof is declared invalid or void by statute or judicial decision, such action shall have no effect on other provisions and their application, which can be given effect without the invalid or void provision or application, and to this extent the provisions of the Agreement are severable. In the event that any provision of this Agreement is declared invalid or void, the parties agree to meet promptly upon request of the other party in an attempt to reach an agreement on a substitute provision. £ Conflict of interest. This Agreement is subject to the provisions of A.R.S. § 38-511, which provides for cancelation in certain instances involving conflicts of interest. 9. Ownership of Improvements. Ownership and title to all materials, equipment and appurtenances installed pursuant to this Agreement shall automatically vest in the Lead Agency upon completion of the Project. 10. Legal Jurisdiction. Nothing in this Agreement shall be construed as either limiting or extending the legal jurisdiction of the Lead Agency or the Authority. Marana Regular Council Meeting 03/21/2017 Page 23 of 70 RTA IGA AZ Pavilions Park and Ride 5 It. No Joint Venture. It is not intended by this Agreement to, and nothing contained in this Agreement shall be construed to, create any partnership, joint venture or employment relationship between the parties or create any employer-employee relationship between the Lead Agency and any Authority employees, or between Authority and any Lead Agency employees. Neither party shall be liable for any debts, accounts, obligations nor other liabilities whatsoever of the other, including (without limitation) the other parry's obligation to withhold Social Security and income taxes for itself or any of its employees. 12. No Third Party Beneficiaries. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the legal liability of either party to the Agreement by imposing any standard of care different from the standard of care imposed by law. 13. Compliance with Laws. The parties shall comply with all applicable federal, state and local laws, rules, regulations, standards and executive orders, without limitation to those designated within this Agreement. a. Anti-Discrimination. Neither parry shall discriminate against any employee or client of either party or any other individual in any way because of that person's age, race, creed, color, religion, sex, sexual orientation, familial status, political affiliation, disability or national origin in the course of carrying out the duties pursuant to this IGA. Both parties shall comply with applicable provisions of Executive Order 75-5, as amended by Executive Order 2009-09 of the Governor of Arizona, which are incorporated into this IGA by reference as if set forth in full herein, including the provisions of A.R.S. § 41- 1463. b. Americans with Disabilities Act. This Agreement is subject to 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, as well as the Genetic Information Nondiscrimination Act of 2008. . c. Workers' Compensation. An employee of either party shall be deemed to be an "employee" of both public agencies, while performing pursuant to this Agreement, for purposes of A.R.S. ' 23-1022 and the Arizona Workers' Compensation laws. The primary employer shall be solely liable for any workers' compensation benefits, which may accrue. Each party shall post a notice pursuant to the provisions of A.R.S. ' 23-906 in substantially the following form: All employees are hereby further notified that they may be required to work under the jurisdiction or control or within the jurisdictional boundaries of another public agency pursuant to an intergovernmental agreement or contract, and under such circumstances they are deemed by the laws of Arizona to be employees of both public agencies for the purposes of workers' compensation. 14. Waiver. Waiver by either party of any breach of any term, covenant or condition herein contained shall not be deemed a waiver of any other term, covenant or condition, or any subsequent breach of the same or any other term, covenant, or condition herein contained. Marana Regular Council Meeting 03/21/2017 Page 24 of 70 RTA IGA AZ Pavilions Park and Ride 6 15. Force Majeure. A parry shall not be in default under this Agreement if it does not fiM any of its obligations under this Agreement because it is prevented or delayed in doing so by reason of uncontrollable forces. The term "uncontrollable forces" shall mean, for the purpose of this Agreement, any cause beyond the control of the parry affected, including but not limited to failure of facilities, breakage or accident to machinery or transmission facilities, weather conditions, flood, earthquake, lightning, fire, epidemic, war, riot, civil disturbance, sabotage, strike, lockout, labor dispute, boycott, material or energy shortage, casualty loss, acts of God, or action or non-action by governmental bodies in approving or failing to act upon applications for approvals or permits which are not due to the negligence or willfixl action of the parties, order of any government officer or court (excluding orders promulgated by the parties themselves), and declared local, state or national emergency, which, by exercise of due diligence and foresight, such parry could not reasonably have been expected to avoid. Either party rendered unable to fiilfill any obligations by reason of uncontrollable forces shall exercise due diligence to remove such inability with all reasonable dispatch. 16. Notification. All notices or demands upon any party to this Agreement shall be in writing, unless other forms are designated elsewhere, and shall be delivered in person or sent by mail addressed as follows: The Authority: Town of Marana: Mr. Farhad Moghimi, Executive Director Gilbert Davidson, Town Manager Pima Association of Governments Town of Marana 1 E. Broadway, Ste. 401 11555 W. Civic Center Drive Tucson, AZ 85701 Marana, AZ 85653 17. 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 shall be cumulative and in addition to any other right or remedy existing at law or in equity or by virtue of this Agreement. 18. Counterparts. 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 counterpart may be removed from such counterpart and attached to a single instrument. In Witness Whereof, Town of Marana has caused this Agreement to be executed by the , upon resolution of the attested to by the and the Authority has caused this Agreement to be executed by its Chair of the Board. Marana Regular Council Meeting 03/21/2017 Page 25 of 70 RTA IGA AZ Pavilions Park and Ride 7 REGIONAL TRANSPORTATION AUTHORITY OF PIMA COUNTY Board Chair Date Town of Marana: Ed Honea, Mayor Date ATTEST: Jocelyn Bronson, Town Clerk Date The foregoing Agreement between Town of Marana and the Authority has been approved as to content and is hereby recommended by the undersigned. Mr. Farhad Moghimi, Executive Director Date INTERGOVERNMENTAL AGREEEIVVIENT DETERNIINATION The foregoing intergovernmental agreement between the REGIONAL TRANSPORTATION AUTHORITY OF PIMA COUNTY and the TOWN OF MARANA has been reviewed pursuant to A.R.S. § 11-952 by the undersigned, 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 the Party to this intergovernmental agreement represented by the undersigned. REGIONAL TRANSPORTATION AUTHORITY TOWN OFMARANA: OF PIMA COUNTY: Thomas Benavidez Frank Cassidy Attorney for the Authority Town Attorney Date: Date: Marana Regular Council Meeting 03/21/2017 Page 26 of 70 RTA IGA AZ Pavilions Park and Ride 8 Regional Transportation Authority of Pima County Date: March 13, 2017 Exhibit: A Item: 1 RTA Resolution: 2017- 1. TIP Project Number: 106.06 RTA Ballot: 51 RTA Project ID: 51-c 2. Sponsor: Marana 3. RTA Plan Element: IV Transit 4. RTA Plan Sub-Element (If Applicable): Park and Ride/Transit Centers 5. Project Name: Marana Park-and-Ride 6. Work Phase(s) Covered by the Exhibit: Studies: $ - PlanninI/Design: $ - Right of Way: $ 20,000 Construction: $ - Operations: $ - Tota : 20,000 7. Project Manager Information (person responsible for Status Reports): Name: Lisa Shafer Mailing Address 11555 W.Civic Center Drive City, ST Zipcode Marana I AZ 85653 Telephone Number: 520-382-1909 Email Address: Ishafer@maranaaz.gov 8. Authorized Representative(s) (will sign & submit pay requests): Name: Gilbert Davidson Mailing Address 11555 W.Civic Center Drive City, ST Zipcode Marana I AZ 85653 Telephone Number: 520-382-1904 Email Address: gdavidson@maranaaz.gov Name: Jamsheed Mehta Mailing Address 11555 W.Civic Center Drive City, ST Zipcode Marana I AZ 85653 Telephone Number: 520-382-1904 Email Address: jmehta@maranaaz.gov 9. Park-and-Ride in Marana: 10 year lease with property owner. Narrative Description of Project Scope, including improvements to be made and project intent (discuss how project will address problematic areas): 10• TotalNmmdn 4pianmu1d iateAtk*otfty/fuimding 1 of 2 Page 27 of 70 allowed for the Project or Project Component, Regional Transportation Authority of Pima County Date: March 13, 2017 Exhibit: A Item: 1 RTA Resolution: 2017- under this Exhibit: $ 20,000 11. $ 20,000 Total maximum Authorized RTA funding for the Project,or Project component to-date, including this exhibit. (If this is an amendment to an existing contract, please give the requested amended total. 12. Project Budget by Funding Source&Phase: RTA Non-RTA Total Study(DCR/Wildlife Linkages/Value Analysis)= $ - $ - $ - Planning/Design = $ - $ - $ - Right of Way= $ 20,000 $ - $ 20,000 Construction= $ - $ - $ - Operations(Transit)_ $ - $ - $ - Total= $ 20,000 $ - $ 20,000 13. Project Budget by Funding Source,this exhibit: RTA Non-RTA Total Study(DCR/Wildlife Linkage/Value Analysis)= $ - $ - Planning/Design = $ - $ - Right of Way= $ 20,000 $ 20,000 Construction= $ - $ - Operations(Transit)_ $ - Total= $ 20,000 $ - $ 20,000 Project Resources Resources as Committed Remaining outlined in the (Includes this Resource 14. Funding Sources(current year dollars): Ballot/TIP request) Budget RTA $ - $ 20,000 STP $ - $ - 12.6% Funds $ - 2.6% Funds $ - $ - $ - Impact Fees $ - $ - $ - Pima County Local $ - $ - Town of Marana Local $ - $ - Fare Box Revenue $ - $ - $ - FTA Funds $ - $ - $ - Other(Specify) $ - Total Funding Sources: $ - $ 20,000 $ (20,000) 15. Estimated completion date of work funded by this IGA: Duration of work covered by this funding request: Marana Regular Council Meeting 03/21/2017 2 of 2 Page 28 of 70 /1)( ��, MARANA AZ ESTABLISHED 1977 Council-Regular Meeting C4 Meeting Date: 03/21/2017 To: Mayor and Council Submitted For: Jocelyn C. Bronson, Town Clerk From: Suzanne Sutherland, Assistant to the Town Clerk Date: March 21, 2017 Subject: Approval of March 7, 2017 Regular Council Meeting Minutes and March 14, 2017 Study Session Meeting Minutes (Jocelyn C. Bronson) iii .. Attachments Draft 03-07-2017 Regular Council Meeting Minutes Draft 03-14-2017 Study Session Meeting Minutes Marana Regular Council Meeting 03/21/2017 Page 29 of 70 MIARANA AZ ESTAB LISIH ED 1477 MARANA TOWN COUNCIL, REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, March 7, 2017, at or after 7:00 PM Ed Honea, Mayor Jon Post, Vice Mayor David Bowen, Council Member Patti Comerford, Council Member Herb Kai, Council Member Carol McGorray, Council Member Roxanne Ziegler, Council Member REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL. Mayor Honea called the meeting to order at 7:02 p.m. Town Clerk Bronson called roll. All Council Members were present. PLEDGE OF ALLEGIANCEANVOCATION/MOMENT OF SILENCE. Led by Mayor Honea. APPROVAL OF AGENDA. Motion to approve by Council Member Ziegler, second by Council Member Bowen. Passed unanimously. CALL TO THE PUBLIC. Joanne Martinez spoke regarding the inadequate access in and out of the San Lucas development and how it is affecting property values in that area. Barbara Rose spoke on behalf of the Scenic Drive/Pima Farms county-area residents and requested a meeting with Marana's traffic and planning staff to discuss road changes separate from the Lazy K Bar plans. PROCLAMATIONS P1 A proclamation recognizing March 10, 2017 as St. Baldrick's 'Brave the Shave" Day in Marana (Jocelyn C. Bronson). Read by Ms. Bronson. Chris Dow from the Foundation accepted the proclamation and said a few words March 7,2017 Regular Council Meet ingMinutes 1 Marana Regular Council Meeting 03/21/2017 Page 30 of 70 MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS. Council Member Ziegler noted that a new Temple for the Church of Latter Day Saints is being constructed on Sunrise between Orange Grove and Campbell Avenue. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS. Gilbert Davidson introduced Steve Romero, the new Assistant Town Manager. Mr. Romero worked for the town previously in government relations and then took a job in Washington D.C. with the federal government. This position has been vacant since the recession, but the growth of Marana has required putting the position back in the budget. We are very pleased to have Mr. Romero back with the town. He also noted that the council Executive Report is available for a review of February activities. PRESENTATIONS CONSENT AGENDA. Motion to approve by Council Member Bowen, second by Vice Mayor Post. Passed unanimously. Cl Resolution No. 2017-016: Relating to Development; approving a release of assurances for Del Webb at Dove Mountain IV subdivision and accepting public improvements for maintenance (Keith Brann) C2 Approval of February 9, 2017 Strategic Plan Working Group Meeting Minutes -- Heritage, February 21, 2017 Regular Council Meeting Minutes, and February 23, 2017 Strategic Plan Working Group Meeting Minutes -- Recreation (Jocelyn C. Bronson) LIQUOR LICENSES Ll Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a special event liquor license application submitted by Patrick R. Nilz on behalf of the Marana Heritage Conservancy for Founders' Day to be held on March 25, 2017 (Jocelyn C. Bronson). Ms. Bronson noted that this application had been properly reviewed, and staff is recommending approval. Motion to approve by Council Member McGorray, second by Council Member Kai. Passed unanimously. BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION Al Resolution No. 2017-017: Relating to Economic Development; Adopting the Economic Development Strategic Plan (Curt Woody). Mr. Woody noted that the process for the Strategic Plan started in September of 2016. Ioanna Morfesis from IO, Inc. was selected as the consultant for the project, and she has been instrumental in collecting the data since that time. Mr. Woody introduced Ms. Morfesis, who thanked the Council and the staff for their considerable efforts in helping put this plan and roadmap together. She noted that the plan is based on what makes the most sense for Marana given its people, its built environment and its existing business community. She then outlined the 9-point implementation roadmap for the Plan which incorporates the methodology, principal finding of the environmental scan and a SWOT March 7,2017 Regular Council Meet ingMinutes 2 Marana Regular Council Meeting 03/21/2017 Page 31 of 70 assessment carried out with various segments of the community, principal findings from the competitor market analysis, recommended economic target sectors, Marana's employment corridors, implementation for economic development and ways to measure Marana's economic progress. Moving forward, she stated that it's very important for Marana to have strong partnerships and allies, and it will be important to work with the State of Arizona and the educational community of P-20. For the balance of this decade and moving into the next, it will be important for Marana to engage every quadrant of the community in updating the Plan and growing and strengthening the community. Ms. Morfesis noted a factual error on page 24 under Tangerine Road Corridor: NextGen Corporate Corridor for Southern Arizona. There is a reference that the Simon Company's outlet mall is at that intersection, so the final published version will not include this error. Motion to approve the Economic Development Strategic Plan by Council Member Ziegler, second by Council Member Bowen. Passed unanimously. A2 Resolution No. 2017-018; Approving the sale and execution and delivery of not to exceed in total $46,000,000 aggregate principal amount of pledged excise tax revenue obligations, in one or more series, and pledged excise tax revenue refunding obligations, obligations of each series evidencing a proportionate interest of the owners thereof in a third purchase agreement; approving the form and authorizing the execution and delivery of such purchase agreement, a third trust agreement; approving the form and authorizing the execution and delivery of such purchase agreement, a third trust agreement, an escrow trust agreement, a continuing disclosure undertaking, an obligation purchase contract and other necessary agreements; adopting a post- issuance tax compliance and continuing disclosure compliance procedures in connection with issuance of obligations of the Town; delegating authority to the Mayor, Manager and Finance Director of the Town to determine certain matters and terms with respect to the foregoing; authorizing the taking of all other actions necessary to the consummation of the transactions contemplated by this resolution and declaring an emergency (Erik Montague). Presented by Mr. Montague. Staff has been working with outside consultants for the possible sales of excise funding and refunding bonds for the primary purpose of funding the expansion of the water reclamation facility from its current capacity to 1.5MGD as well as re-financing some higher interest 2008 series debt at a lower interest rate. The 2008 bonds were used to construct various road, park and sewer projects. He noted that Mark Reader from Stifel Nicklaus, the underwriter for the transaction, and Michael Cafiso and Paul Gales, bond counsel for Greenberg Traurig, were in the audience. The goal continues to structure the debt service repayment to maximize system- generated revenues through impact fees, and we are starting to minimize the potential impact to the town's general fund. Considerable analysis and revenue and integrative processes led us to this point. The resolution before you is asking for Council consideration to approve up to $46M in these obligations. That amount is intended to set a cap for some flexibility in the amount required based on market circumstance combined with actual pricing for the negotiated GMP 11 for the major portion of the improvements to the water reclamation facility. It is anticipated that the 90% design plans will be in later this week with the final improvement costs. Based on the feedback and direction staff received at various meetings, the resolution provides for certain flexibility to structure the bonds most advantageously, including an early call on some portion of the bonds. Staff has been working closely with Mr. Reader to get an idea of what the cost would March 7,2017 Regular Council Meet ingMinutes 3 Marana Regular Council Meeting 03/21/2017 Page 32 of 70 be for an earlier call provision. Based on preliminary numbers which we are still working to define, it will cost between 20 to 30 basis points. If we reasonably believe that additional revenues will be collected over that first 5-year period, then we could structure a smaller portion of that piece to be call-able sooner. The risk is that if those monies are not available, we may end up paying an additional $300K in interest additional costs for that if we had to hold those through the remaining period. Staff is working closely with the outside consultants to refine that number to determine if it makes sense to have more than two series — one for the reclamation expansion and one for the refunding. He asked that if Council had any comments or questions or findings that need to be discussed, to please get them to directly to him or through the Manager's office by March 13. If approved as read into the record, it would authorize Mayor and staff to prepare and execute all documents related to any issuance. Discussion followed among Council and Mr. Montague. Based on growth assumptions, it does not appear that we will collect excess cash for the 5-year period; it depends on what growth actually happens, and growth needs to occur within the specific service area for this particular plant. Vice Mayor Post indicated that in order to call early, we need a significant growth in that area to which Mr. Montague replied affirmatively. If it's called out early we would save about $2.3M in interest. If it's not, we will accrue additional interest costs. Mayor Honea asked that if we don't do the call option and we do have excess monies and we want to pay down the debt after the first five years, what would the additional penalty be? Mr. Montague responded that with the call protection, we wouldn't be able to call those bonds until they are call-able. So from an economic standpoint you would try to avoid calling them too early because you would have to fund that particular debt until it's call-able. Mr. Reader stated that if we don't have the special call feature and go with the traditional call for 10 years — even though we will try to shorten that a little, and that would reduce any potential penalty you would have to pay bonds off early. It's a policy issue over the next couple of weeks how much we get from the impact fee revenue. So his suggestion would be to do the call out if there is some extra money; don't do the call out and we have a nine or ten year call, down the road there will be some sort of penalty associated with it. After you pass the nine or ten year carve out, you could pay that debt down without penalty. Motion to approve by Council Member Bowen, second by Council Member Ziegler. Passed unanimously. ITEMS FOR DISCUSSION/POSSIBLE ACTION Dl 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). Mr. Davidson updated Council on the following activities: the state legislative budget process has started; HB 2521 which is the TPT reform, is still in holding pattern in the House. There were number of concerns presented by several cities and towns, but he is not sure if the bill will get enough traction to move out of the house and into the Senate. This bill would have a huge impact on the town's ability to fund capital projects if the construction sales tax goes away. HB 2406 which is about communication between counties and cities, has passed out of the Senate Government Committee and is going to the Senate Rules Committee and then to the Senate Floor by early next week. EXECUTIVE SESSIONS March 7,2017 Regular Council Meet ingMinutes 4 Marana Regular Council Meeting 03/21/2017 Page 33 of 70 Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session, which will not be open to the public, to discuss certain matters. El Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. FUTURE AGENDA ITEMS. Notwithstanding the mayor's discretion regarding the items to be placed on the agenda, if three or more Council members request that an item be placed on the agenda, it must be placed on the agenda for the second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2-4-2(B). ADJOURNMENT. Motion to adjourn at 7.57 p.m. by Vice Mayor Post, second by Council Member Kai. Passed unanimously. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on March 7, 2017. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk March 7,2017 Regular Council Meet ingMinutes 5 Marana Regular Council Meeting 03/21/2017 Page 34 of 70 IMARANA► AZ ESTABLISIHED 1477 MARANA TOWN COUNCIL STUDY SESSION MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, March 14, 2017, at or after 6:00 PM Ed Honea, Mayor Jon Post, Vice Mayor David Bowen, Council Member Patti Comerford, Council Member Herb Kai, Council Member Carol McGorray, Council Member Roxanne Ziegler, Council Member STUDY SESSION CALL TO ORDER AND ROLL CALL. Mayor Honea called the meeting to order at 6:00 p.m. Council Member Kai was seated at 6:06 p.m. All Council Members were present. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE. Led by Mayor Honea. APPROVAL OF AGENDA. Motion to approve by Vice Mayor Post, second by Council Member Bowen. Passed unanimously. CALL TO THE PUBLIC. Mayor Honea announced that the Call to the Public would be held after the staff presentation and before Council discussion. Speakers were Bonny Harris, Continental Ranch. Save rate is 90% at PACO. Higher rates even though the voters supported PACO. Kristi Holliger, Continental Ranch. In favor of PACO. Beth Neuman, Continental Ranch. Stay with PACO. Concerned about emergency services for stray pets, also a veterinarian and her limitations. Not enough time to prepare. Kathy Neuman, 7-year volunteer and not a Marana resident, but asked for continued support for PACO. Susan Marjcz from Dove Mountain and a 4 1/2 year volunteer at PACO, most of which was in the vet services area. Katie Powers, president of Spay and Neuter solutions, Continental Ranch. Nancy M. March 14,2017 Study Session Minutes 1 Marana Regular Council Meeting 03/21/2017 Page 35 of 70 Wright, Oro Valley, a member of several animal rights organizations. Pamela. Youngberg, Dove Mountain, in support of PACO. DISCUSSION/DIRECTION/POSSIBLE ACTION Dl Relating to Animal Control; 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 (PACO) and/or direction to pursue alternatives to PACC for animal control services (Lisa Shafer) Introduced by Gilbert Davidson. The driver behind this issue is making sure our residents receive exceptional services for their taxes. We care about and want the most humane treatment of animals in our community. This issue is not about saving money at the expense of animals. Pima Animal Control (PACO) does many great things. Marana's contract is for enforcement services and that is the feature of our discussion. We want to provide responsive customer service to residents. The question before us is what other options are available besides county services that will help us give better service. There are two options. We can continue our contract with Pima County or we can discontinue our contract with Pima County and contract with the Humane Society of Southern Arizona for sheltering services, and the town would take on enforcement services. The staff presentations began with Jane Fairall giving an overview of the legal requirements for animal control, including the state statutes for vaccinations, licensing, control and/or impoundment of stray dogs and provisions for vicious animals. Although the statutes are somewhat vague, staff has looked at what they believe to be the legislative intent and remain within the spirit of the law. She also noted that the Pima County Animal Control Code provisions do not apply to the town or any incorporated cities and towns within the county. And those provisions are at issue. In the Marana Town Code, Title 6, all areas listed in state statute are addressed, plus some. If Option 2 is chosen by Council, it will require some provisions in the town code to be rewritten to reflect changes in the administration and enforcement services. Ms. Fairall then described Option 1 and the purpose and terms of the contract with Pima County. She noted that the new IGA has more detail that previous agreements regarding the services the county would provide. Next, she covered the Option 1 costs and the estimates for FY 2017 and 2018. The town gets a quarterly report from the county on the expenses. Currently, the projection is that Marana will pay $230K for FY 2017 and FY 2018 will be $215,900. This includes charges for services and indirect services and expenses such as administrative service charges, indirect service expenses and operations and maintenance as well as spay and neuter services. The town is currently operating under the 2014 IGA with the County which removed the ability for the town to opt out of that cost. The trap, neuter, release project was overturned in 2014. In the 2018 contract, that cost is programmed in. Lisa Shafer then described Option 2. This option brings everything in-house and we would not be contracting with the county for these services. She gave a breakdown of the town's responsibilities including the addition of personnel, equipment, licensing, and emergency March 14,2017 Study Session Minutes 2 Marana Regular Council Meeting 03/21/2017 Page 36 of 70 veterinary services. Sheltering, basic animal care and marketing and outreach would be done under a contract with the Humane Society of Southern Arizona. The result of the research over the past year indicates that animal control is done in a variety of ways in other jurisdictions. In her visits to other jurisdictions, she was able to compare how other municipalities manage animal control services. Common service calls are for barking dogs, loose dogs, dead animals in the road, dog bites, animals left in vehicles, animal welfare checks and police assistance. The average response for a call is 30 minutes within Marana and didn't require additional backup from police or other public safety personnel. Shelter provider services would include acceptance of strays from enforcement officers or residents, acceptance of owner-released pets for a fee, animal adoptions, public education and spay/neuter and vaccination clinics. Erik Montague described the request for proposal process for a sheltering facility and adjunct services. The Finance Department worked with many departments to define the overall scope of services. Some of the elements included that the contractor shall accept animals that are brought in by Marana Animal Control or town residents; provide the best possible care for accepted animals which comply with uniform animal sheltering guidelines; assume financial responsibility for unclaimed pets held past the required hold period; and partner with the town on education, outreach, vaccination and licensing. One proposal was received within the designated time from the Humane Society of Southern Arizona (HSSA). Based on their proposal their live release rate is 95% and is slightly higher than Pima County. A key element is the outreach element which will require a considerable effort by the town to reach out to the community, partly due to the addressing challenges within the town. Staff has been compiling estimates to provide services for enforcement and sheltering. He provided the estimated startup costs during the current fiscal year as well as ongoing costs for future fiscal years. For two personnel, a vehicle and equipment, sheltering and emergency veterinary services, ACO personal safety, animal capture equipment, ACO training, and licensing software the cost is estimated to be $156K this year and $212K in ongoing years. It is anticipated that revenue from licensing will grow from approximately $75K which will reduce costs. Collections under Options 2 would be received and maintained by the contractor. The town is not expecting a cost reduction by providing the services. We are considering Option 2 primarily to control the service level and to be proactive regarding animal care services and determining what services to provide rather than being reactive to any event. Gilbert Davidson discussed possible next steps. Option 1 is the renewal of our services with the County. If this option is chosen, we might still want some clarification and possible negotiation on terms. Also, with Option 1, we have until June 30, 2017 for review and consideration. Option 2 has a number of different tracks we would have to begin immediately, including continued discussion with the HSSA regarding licensing, advertising for personnel, acquiring a vehicle and equipment and advertising. Speakers from the public, most of whom were in favor of the town staying with PACO, included volunteers at PACC and residents from Continental Ranch, Dove Mountain, the county and Oro Valley. They were Bonny Harris, Christy Holliger, Beth Neuman a veterinarian in Continental Ranch, Kathy Neuman, a 7-year volunteer and not a Marana resident, Susan Marjcz from Dove Mountain and a 4 t/2 year volunteer at PACO, Nancy M. Wright, President of Spay and Neuter Solutions, Oro Valley, and Pamela Youngberg, Dove Mountain. March 14,2017 Study Session Minutes 3 Marana Regular Council Meeting 03/21/2017 Page 37 of 70 After the Call to the Public, the Mayor opened the discussion to Council and staff Protracted Council discussion continued regarding the pros and cons of establishing town services versus entering into another IGA with Pima County, centering on service levels, response times, costs and equity among all county residents. Council Member Bowen asked Mr. Davidson if the County had ever been approached about separating services such as Maricopa County has allowed with cities and towns in their county. Mr. Davidson concluded by saying that he had had numerous conversations with County over the years about different models and concepts. Most recently, he had reached out to the Chief Deputy County Administrator about exploring different partnership opportunities so that the town could provide enhanced services. He also talked about the equity issue regarding services between strictly unincorporated county residents versus county residents within incorporated cities and towns. The response from the county was that there was no difference in services and they were not going to tailor intergovernmental agreements to specific needs of jurisdictions. At that point, there was no way to move the conversation forward. Council Member Bowen asked if there were other jurisdictions currently considering what the Council is talking about tonight. Mr. Davidson said he couldn't speak directly to what other jurisdictions might be considering, but he was aware of similar conversations and concerns expressed over the years that were being presented tonight. Council Member Kai made a motion on behalf of Option 1, continuing negotiating with Pima County on a new IGA for animal control services for FY 2018, seconded by Council Member Ziegler. Mayor Honea asked Ms. Bronson to poll the Council. The motion failed on a vote of 5-2, with Council Members Bowen, Comerford, McGorray, and Mayor Honea and Vice Mayor Post voting nay. A second motion supporting Option 2 for the town to provide animal control services and enter into separate agreements without outside organizations for sheltering, veterinarian and other support services beginning July 1, 2017 was made by Council Member Bowen, second by Vice Mayor Post,passed 5-2, with Council Members Kai and Ziegler voting nay. Council Member Ziegler said that she would like to see the line items for each of the new costs for services when they are prepared. EXECUTIVE SESSIONS Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session, which will not be open to the public, to discuss certain matters. El Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion regarding the items to be placed on the agenda, if three or more Council members request that an item be placed on the agenda, it must be placed on the agenda for the second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2-4-2(B). March 14,2017 Study Session Minutes 4 Marana Regular Council Meeting 03/21/2017 Page 38 of 70 ADJOURNMENT. Motion to adjourn at 8:35 p.m. by Council Member Bowen, second by Council Member Kai. Passed unanimously. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the study session/presentation of the Marana Town Council meeting held on March 14, 2017. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk March 14,2017Study Session Minutes 5 Marana Regular Council Meeting 03/21/2017 Page 39 of 70 /1)( ��, MARANA AZ ESTABLISHED 1977 Council-Regular Meeting L1 Meeting Date: 03/21/2017 To: Mayor and Council Submitted For: Jocelyn C. Bronson, Town Clerk From: Suzanne Sutherland, Assistant to the Town Clerk Date: March 21, 2017 Subject: Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a special event liquor license application submitted by Rev. Fr. Virgilio Tabo Jr. on behalf of St. Christopher Roman Catholic Church for Church Fiesta to be held on April 29, 2017 (Jocelyn C. Bronson) Il ,,, Discussion: This application is for a special event liquor license on behalf of St. Christopher Roman Catholic Church for Church Fiesta to be held on April 29, 2017. The applicant has also obtained a special event permit from the town, pursuant to Chapter 10-6 of the Marana Town Code. A special event liquor license is a temporary, non-transferable, on-sale retail privileges liquor license that allows a charitable, civic, fraternal, political or religious organization to sell and serve spirituous liquor for consumption only on the premises where the spirituous liquor is sold and only for the period authorized on the license. Qualifying organizations will be granted a special event license for no more than ten (10) days in a calendar year. Events must be held on consecutive days and at the same location or additional licenses will be required. The license is automatically terminated upon closing of the last day of the event or the expiration of the license, whichever occurs first. The qualified organization must receive at least twenty-five percent (25%) of the gross revenues of the special events. Pursuant to state law, a person desiring a special event liquor license must request a special event application from the Department of Liquor Licenses and Control (DLLC). The applicant then must file the application with the town for events occurring within the town's limits. The town may then recommend approval or disapproval of the special event liquor license. If the special event liquor license application is approved by the Town Council, and the event Marana Regular Council Meeting 03/21/2017 Page 40 of 70 meets the requirements for granting the license, the director of the DLLC will issue a special event liquor license to the qualifying organization. If the application is disapproved by the Town Council, the DLLC will normally not consider the application. Staff Recommendation: Staff recommends approval of this special event liquor license application. Suggested Motion: OPTION 1: I move to submit to the DLLC a recommendation of approval of the special event liquor license application submitted by Rev. Fr. Virgilio Tabo, Jr. on behalf of St. Christopher Roman Catholic Church for Church Fiesta. OPTION 2: I move to disapprove the special event liquor license application submitted by Rev. Fr. Virgilio Tabo, Jr. on behalf of St. Christopher Roman Catholic Church for Church Fiesta. iii .. Attachments Application Series Description Special Event Liquor License Marana Regular Council Meeting 03/21/2017 Page 41 of 70 g - ,y FOR DLLC USE ONLY Event Date(s): Arizona Department of Liquor Licenses and Control g 800 W Washington 5th Floor Event timestart/ena: rg;7 Phoenix, AZ 85007-2934 CSR: yacna ° www.azliquor.gov QhMID (602) 542-5141 License: APPLICATION FOR SPECIAL EVENT LICENSE Fee=$25.00 per day for 1-10 days(consecutive) Cash Checks or Money Orders Only A service fee of$25.00 will be charged for all dishonored checks(A.R.S. §44-6852) IMPORTANT INFORMATION:This document must be fully completed or it will be returned. The Department of Liquor Licenses and Control must receive this application ten(10) business days prior to the event. If the special event will be held at a location without a permanent liquor license or if the event will be on any portion of a location that is not covered by the existing liquor license, this application must be approved by the local government before submission to the Department of Liquor licenses and Control(see Section 15). SECTION 1 Name of Organization: ���� � � Gam' s�'�P��- C,(`f6)1c U'Val-, SECTION 2 Non-Profit/IRS Tax Exempt Number. `I SECTION 3 The organization is a: (check one box only) ❑Charitable❑Fraternal (must have regular membership and have been in existence for over five (5) years) [ eligious ❑Civic (Rotary,College Scholarship)❑Political Party, Ballot Measure or Campaign Committee SECTION 4 Will this event be held on a currently licensed premise and within the already approved premises?❑Yes6]No Name of Business License Number Phone(Include Area Code) SECTIONS How is this special event going to conduct all dispensing, serving, and selling of spirituous liquors? Please read R-19- 318 for explanation (look in special event planning guide) and check one of the following boxes. ❑Place license in non-use ❑Dispense and serve all spirituous liquors under retailer's license 2'Dispense and serve all spirituous liquors under special event ❑Split premise between special event and retail location (IF NOT USING RETAIL LICENSE, SUBMIT A LETTER OF AGREEMENT FROM THE AGENT/OWNER OF THE LICENSED PREMISE TO SUSPEND THE LICENSE DURING THE EVENT. IF THE SPECIAL EVENT IS ONLY USING A PORTION OF PREMISE, AGENT/OWNER WILL NEED TO SUSPEND THAT PORTION OF THE PREMISE.) SECTION 6 What is the purpose of this event? ❑On-site consumption ❑Off-site (auction) EXoth SECTION 7 Location of the Event: ' L 1(l. "'�� ► �d���� � �I 1 Ckv)-U ,\ Address of Location:11) 0 1 W A,1& -1 c, Street City COUNTY State Zip SECTION 8 Will this be stacked with a wine festival/craft distiller festival? ❑Yes Vo SECTION 9 Applicant must be a member of the qualifying organization and authorized by an Officer, Director or Chairperson of the Organizat ion named in Section 1. (Authorizing signature is required in Section 13.) 1. Applicant: 'J i� �e`V�, -, , � �1 � �i i V� t I�6'I�oi� Last First ppiddle Date of Birth , 2. Applicant's mailing address: � � � i Arno,- "Ll IY 1_ 111 cty\0 7� ?s���✓� �j Street CRY State Zip _ 3. Applicant's home/cell phone: Applicant's business phone: ( ��,L__ 3c 4. Applicant's email address: 1t 3/1/2016 Page 1 of 4 Individuals requiring ADA accommodations call (602)542-9027. Marana Regular Council Meeting 03/21/2017 Page 42 of 70 SECTION 10 1. Has the applicant been convicted of a felony, or had a liquor license revoked within the last five (5) years? ❑Yes Wo (if yes,attach explanation.) 2. How many special event licenses have been issued to this location this year? (The number cannot exceed 12 events per year;exceptions under A.R.S.§4-203.02(D).) 3. Is the organization using the services of a promoter or other person to manage the event? Yes [Wo (if yes,attach a copy of the agreement.) 4. List all people and organizations who will receive the proceeds. Account for 100% of the proceeds. The organization applying must receive 25%of the gross revenues of the special event ligyor sales.Attach an additional page if necessary. Name atlPercentage: ' �1) Address Q ( 1 !� J��1G"1) 1 OGS 21 Street city State Zip Name Percentage: Address Street city State Zip 5. Please read A.R.S. § 4-203.02 Special event license; rules and R19-1-205 Requirements for a Special Event License. Note: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT UNLESS THEY ARE IN AUCTION SEALED CONTAINERS OR THE SPECIAL EVENT LICENSE IS STACKED WITH WINE /CRAFT DISTILLERY FESTIVAL LICENSE" 6. What type of security and control measures will you take to prevent violations of liquor laws at this event? (List type and number of police/security personnel and type of fencing or control barriers,if applicable.) I _ Number of Police Number of Security Personnel Wencing `Barriers Explanation: SECTION 11 Dates and Hours of Event. Days must be consecutive but may not exceed 10 consecutive days. See A.R.S.§4-244(15)and(17)for legal hours of service. PLEASE FILL OUT A SEPARATE APPLICATION FOR EACH "NON-CONSECUTIVE"DAY Date Day of Week Event Start License End �7 1 Time AM/PM Time AM/ /PM DAY 1: �' c�. � 7� / `�� kc( 12- DAY ' .DAY 2: DAY 3: DAY 4: DAY 5: DAY 6: DAY 7: DAY 8: DAY 9: DAY 10: 3/1/2016 Page 2 of 4 Individuqls requiring ADA accommodations call (602)542-9027. Marana Regular Council Meeting 03/21/2017 Page 43 of 70 SECTION 12 License premises diagram. The licensed premises for your special event is the area in which you are authorized to sell, dispense or serve alcoholic beverages under the provisions of your license. The following space is to be used to prepare a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades, or other control measures and security position. Mc) NT 0 �j D'S r A-1 Tlnf��Ek 3/1/2016 Page 3 of 4 Individuals requiring ADA accommodations call(602)542-9027. Marana Regular Council Meeting 03/21/2017 Page 44 of 70 SECTION 13 To be completed only by an Officer,Director or Chairperson of the organization named in Section 1. 1,(Print Full Name)_ Q'v,''V I-)reO I o I (")r-" declare that I am an Officer, Director or Chairperson of the organization filing this application as listed in Section 9. 1 have read the application and the contents and all statements are true,correct Ind compieta. X . ...... ............... Signatu44 K—t�\' I V' Title/Position Date Phone Number The foregoing instrument was acknowledge 1-1 1 uzanne Suffiftel Month Year State County of ----Notary PuNic PiM8 COUnty,ArizcQ My Commission Expires on: oq My Expires 09-1'�a Comn. Dote nature of Notary Public SECTION 14 This section Is to be completed only by the applicant named In Section 9. 1,(Print full Name)—fi- — declare that I am the APPLICANT filing this application as listed in Section 9. 1 hove re - he application and the contents and 11 statements are true,correct and complete. A 7>"5- X Signature I Title/Position Date Phone Number ti The foregoing instrument was ackno le ged before me this y Month Year State O�A("&&YA'County of 7w 'U d r b i(' y f1ma Dainty,Arizona My Commission Expires on: „c)jn.nJ.Exp� date Signature of Notary Public Please contact the local governing board for additional application requirements and submission deadlines. Additional licensing fees may also be required before approval may be granted. For more information, please contact your local jurisdiction:b-ttp-,../-Lwvw.-QzjLgiiQLggv jassets/do,g(jMgots(homegg_qg docs s ec event finks.p f. SECTION 15 Local Governing Body Approval Section. 1, recommend DAPPROVAL 1:1 DISAPPROVAL (Government Official) (Title) On behalf of (City,Town,County) Signature Date Phone SECTION 16 For Department of Liquor Licenses and Control use only. EIAPPROVAL ODISAPPROVAL BY: DATE: A.R.S. §41-1030. Invalidity of rules not made according to this chapter:prohibited agency action;prohibited acts by state employees:enforcement;notice B. An agency shall not base a licensing decision in whole or in part on a licensing requirement or condition that is not specifically authorized by statute,rule or state tribal gaming compact.A general grant of authority in statute does not constitute a basis for imposing a licensing requirement or condition unless a rule is made pursuant to that general grant of authority that specifically authorizes the requirement or condition, D. THIS SECTION MAY BE ENFORCED IN A PRIVATE CIVIL ACTION AND RELIEF MAY BE AWARDED AGAINST THE STATE.THE COURT MAY AWARD REASONABLE ATTORNEY FEES, DAMAGES AND ALL FEES ASSOCIATED WITH THE LICENSE APPLICATION TO A PARTY THAT PREVAILS IN AN ACTION AGAINST THE STATE FOR A VIOLATION OF THIS SECTION. E. A STATE EMPLOYEE MAY NOT INTENTIONALLY OR KNOWINGLY VIOLATE THIS SECTION. A VIOLATION OF THIS SECTION IS CAUSE FOR DISCIPLINARY ACTION OR DISMISSAL PURSUANT TO THE AGENCY'S ADOPTED PERSONNEL POLICY, F. THIS SECTION DOES NOT ABROGATE THE IMMUNITY PROVIDED BY SECTION 12-820.01 OR 12-820.02. 3/1/2016 Page 4 of 4 Marana Regular Council Meeting,RNNR17,,q u iring ADA accommodations call (602)542-9027. Page 45 of 70 SERIES: 15 SPECIAL EVENT LICENSE (Temporary) Non-transferable On-sale retail privileges PURPOSE: 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 60 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 (10) 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 4-203.02, 4-244, 4-261; Rule R19-1-228, R19-1-235, R19-1-309. Disabled individuals requiring special accommodations please call (602) 542-9027 Marana Regular Council Meeting 03/21/2017 Page 46 of 70 /1)( ��, MARANA AZ ESTABLISHED 1977 Council-Regular Meeting Al Meeting Date: 03/21/2017 To: Mayor and Council From: Jane Fairall, Deputy Town Attorney Date: March 21, 2017 Strategic Plan Focus Area: Not Applicable Subject: Ordinance No. 2017.006: Relating to Parks and Recreation; amending Marana Town Code Chapter 13-1 (Parks and Recreation Regulations); amending section 13-1-3 (Use and occupancy rules and regulations) to exclude regulation of model aircraft; adding new section 13-1-4 entitled "Model aircraft operation; definition; prohibitions; exceptions"; and designating an effective date (Jane Fairall) Il „ Discussion: , The Marana Town Code currently prohibits the operation of any aircraft of any nature on Town park property, except in areas designated for that use, or in an emergency, or by permit issued by the Town. However, in 2016, the Arizona state legislature enacted A.R.S. section 13-3729, which prohibits a city, town or county from regulating the ownership or operation of unmanned aircraft or unmanned aircraft systems, commonly known as drones. The state statute does allow a municipality to regulate the takeoff or landing of drones in Town parks and preserves, as long as the Town maintains some parks or preserves that are available for the operation of drones. The proposed ordinance will be an addition to Title 13 of the Town Code regarding parks and recreation regulation. The proposed ordinance makes it unlawful to: 1 Operate a drone to takeoff or land in a town park or preserve without a permit issued by the parks and recreation department. 2. Operate a drone to takeoff or land in a town park or preserve where the parks and recreation director has prohibited such operations. The parks and recreation director shall ensure that a list of prohibited locations shall be on file with the town clerk. 3. Operate a drone to takeoff or land in any town park or preserve located within five miles of the Marana regional airport. Marana Regular Council Meeting 03/21/2017 Page 47 of 70 If the ordinance is approved, Gladden Farms Park, Marana Heritage River Park, Ora Mae Ham Park, and San Lucas Park will all be closed to the takeoff and landing of drones due to their proximity to the airport. The Parks and Recreation Director will then determine which parks are appropriate for takeoff and landing of drones and which are not, based on the location, types and numbers of users of each park, and file a list with the Town Clerk's Office. The list will be updated if and when necessary to ensure safe operation of drones within the Town's parks and preserves. Staff Recommendation: Staff recommends approval of the ordinance. Suggested Motion: I move to adopt Ordinance No. 2017.006, amending Marana Town Code Chapter 13-1 regarding model aircraft operation in Town parks and preserves. iii .. Attachments Ordinance No. 2017.006 Marana Regular Council Meeting 03/21/2017 Page 48 of 70 MARANA ORDINANCE NO. 2017.006 RELATING TO PARKS AND RECREATION; AMENDING MARANA TOWN CODE CHAPTER 13-1 (PARKS AND RECREATION REGULATIONS); AMENDING SECTION 13-1-3 (USE AND OCCUPANCY RULES AND REGULATIONS) TO EXCLUDE REGULATION OF MODEL AIRCRAFT; ADDING NEW SECTION 13-1-4 ENTITLED "MODEL AIRCRAFT OPERATION; DEFINITION; PROHIBITIONS; EXCEPTIONS"; AND DESIGNATING AN EFFECTIVE DATE WHEREAS the Town Council is authorized by A.R.S. § 9-240 to control the property of the Town; to make, amend or repeal all ordinances necessary or proper for the carrying into effect of the powers vested in the Town; and to enforce the observance and punish violations of such ordinances; and WHEREAS A.R.S. § 13-3729 authorizes the Town to adopt ordinances or rules that regulate the takeoff or landing of model aircraft in parks or preserves owned by the Town; and WHEREAS the Town Council finds that the regulations established by this ordinance are necessary for the public health, safety and general welfare of the Town of Marana. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, AS FOLLOWS: SECTION 1. Section 13-1-3 (Use and occupancy rules and regulations) of the Marana Town Code is hereby revised as follows (with additions shown with double underlining): 13-1-3 Use and occupancy rules and regulations A. It is unlawful in any town park to: [subparagraphs 1 through 11 remain unchanged] 12. Operate any aircraft of any nature or parachute or hang glide on town park property except in areas designated for that use or in an emergency or by permit issued by the town. For purposes of this subparagraph, aircraft does not include model aircraft as defined and regulated in section 13-1-4. [subparagraphs 13 through 17 remain unchanged] [Paragraph B remains unchanged] SECTION 2. New section 13-1-4 entitled "Model aircraft operation; definition; prohibitions; exceptions" is hereby added to the Marana Town Code as follows and the sections that follow are renumbered to conform: Marana Ordinance No.2017.006 Marana Regular Council Meeting 03/21/2017 Page 49 of 70 13-14 Model aircraft operation; definition; prohibitions; exceptions A. For purposes of this section, "model aircraft" has the same meaning as prescribed in section 336 of the FAA modernization and reform act of 2012,as amended, and includes aircraft commonly known as drones. B. It is unlawful to: 1. Operate a model aircraft to takeoff or land in a town park or preserve without a permit issued by the parks and recreation department. 2. Operate a model aircraft to takeoff or land in a town park or preserve where the parks and recreation director has prohibited such operations. The parks and recreation director shall ensure that a list of prohibited locations shall be on file with the town clerk. 3. Operate a model aircraft to takeoff or land in any town park or preserve located within five miles of the Marana regional airport. C. This section does not apply to model aircraft that are operated by town police personnel or other law enforcement officers, fire department personnel, and other town employees in the course of their official duties,and in compliance with all federal laws and regulations. SECTION 3. The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance. SECTION 4. All ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the Council in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance. SECTION 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this ordinance. SECTION 6. This ordinance shall become effective on the thirty-first day after its adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 21 st day of March, 2017. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney 00050890.DOC/2 Marana Ordinance No.2017.006 - 2 - Marana Regular Council Meeting 03/21/2017 Page 50 of 70 /1)( ��, MARANA AZ ESTABLISHED 1977 Council-Regular Meeting A2 Meeting Date: 03/21/2017 To: Mayor and Council From: Cynthia Nemeth-Briehn, Parks & Recreation Director Date: March 21, 2017 Strategic Plan Focus Area: Community, Recreation Strategic Plan Focus Area Additional Info: *Identify creative ways to plan neighborhoods and growth areas with meaningful open space, trail connectivity, and active recreation areas. *Seek partnerships with public and private entities to provide programs and enhanced services. Subject: Resolution No. 2017-022: Relating to Parks and Recreation; approving and authorizing the Mayor to execute a Lease Agreement between the Town of Marana and Saint Christopher Roman Catholic Parish-Marana for the construction and maintenance of a pocket park in Honea Heights (Cynthia Nemeth-Briehn) Il „, Discussion: The Town of Marana and Saint Christopher Roman Catholic Parish-Marana wish to enter into an agreement for the lease of 33,000 square feet of parish property for the purpose of a Town-maintained pocket park. The proposed park would serve Honea Heights neighborhood, a designated Colonia. The 2011 Town of Marana Colonia Certification Application, reported there being 157 homes with a median household income of$19,200. Whereas developer-constructed communities in Marana include neighborhood parks, the town's oldest communities do not. Reinvestments of this type in Marana's Colonias provide places for community members to gather, enjoy the outdoors, exercise, and play. The proposed park would incorporate an existing basketball court and add a turfed area, landscaping, trees, parking lot, walk ways, benches, ramada and a play structure (see attached conceptual drawing). The Town currently owns the play structure that would be installed. The Town would also install a fence to separate this area from the existing church, but would add a gate for use by the church. Per the agreement being presented, the Town would be responsible for the construction, Marana Regular Council Meeting 03/21/2017 Page 51 of 70 maintenance and utilities of the park. The lease would be for an initial ten years with the ability to extend for another five years if both parties agree. The Town would pay the church rent of $1.00 per year. The construction of the park would be funded through a Community Development Block Grant, the Town's Affordable Housing Fund, tipping fees and possibly the general fund. It is estimated that the cost of this park would be approximately $350,000. Financial Impact: Fiscal Year: FYI Budgeted Y/N: N Amount: $350,000 Staff Recommendation: Staff recommends adoption of Resolution No. 2017-022, approving and authorizing the Mayor to execute a Lease Agreement between the Town of Marana and Saint Christopher Roman Catholic Parish-Marana for the construction and maintenance of a pocket park in Honea Heights. Suggested Motion: I move to adopt Resolution No. 2017-022, approving and authorizing the Mayor to execute a Lease Agreement between the Town of Marana and Saint Christopher Roman Catholic Parish-Marana for the construction and maintenance of a pocket park in Honea Heights. iii .. Attachments Resolution No. 2017-022 Exhibit A to Resolution HH Park Lease Honea Heights Pocket Park Conceptual Drawing Marana Regular Council Meeting 03/21/2017 Page 52 of 70 RESOLUTION NO. 2017-022 RELATING TO PARKS AND RECREATION; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A LEASE AGREEMENT BETWEEN THE TOWN OF MARANA AND SAINT CHRISTOPHER ROMAN CATHOLIC PARISHMARANA FOR THE CONSTRUCTION AND MAINTENANCE OF A POCKET PARK IN HONEA HEIGHTS WHEREAS Town staff has negotiated with Saint Christopher Roman Catholic Parish Marana for the construction and maintenance of an approximately 33,000 square foot pocket park; and WHEREAS the Mayor and Council of the Town of Marana find that this resolution is in the best interests of the Town of Marana and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the Lease Agreement between the Town of Marana and Saint Christopher Roman Catholic Parish—Marana for the construction and maintenance of a pocket park, attached to this resolution as Exhibit A, is hereby approved, and the Mayor is authorized to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, conditions and objectives of the lease agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21st day of March, 2017. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney 00051455.DOCX/1 Marana Resolition No.2017-022 3/15/20175:OOPM Marana Regular Council Meeting 03/21/2017 Page 53 of 70 LEASE AGREEMENT TOWN OF MARANA&SAINT CHRISTOPHER ROMAN CATHOLIC PARISH-MARANA This Lease Agreement (this "'Lease") is made and entered into by and between SAINT CHRISTOPHER ROMAN CATHOLIC PARISH-MARANA ("'Landlord"), an Arizona non- profit corporation, and the TowN of MARANA ("Tenant"), an Arizona municipal corporation. Landlord and Tenant are sometimes collectively referred to as the "Parties," either of which is sometimes individually referred to as a"Party." 1. Premises. Landlord is the owner of the approximately 33,000 square feet of property located in Pima County, Arizona, legally described in Exhibit ""A" and depicted in Exhibit"B" attached to this Agreement(the"Premises"). 2. Lease. Landlord hereby leases the Premises to Tenant, and Tenant hereby leases the Premises from Landlord, under the terms and conditions and for the purposes set forth in this Lease, and subject to all easements, taxes, conditions, covenants, restrictions,encumbrances and matters of record. 3. Term. The term of this Lease shall be for ten years commencing June 1, 2016, and ending May 31, 2026, unless terminated pursuant to Paragraph 4 of this Lease. This Lease shall be reviewed 90 days before the end of the term, at which time the Parties will agree whether to terminate or continue this Lease for an additional five-year term. Renewal shall be by written amendment,signed by both Parties. 4. Termination. (A) By Tenant. Tenant may terminate this Lease for any reason upon 30 days written notice to Landlord. (B) By Landlord. Subject to Landlord's right to relocate the public park and associated parking under paragraph 8 below, Landlord shall guarantee Tenant an initial term of ten years under this Lease with no option to terminate for any reason except default by the Tenant. After the first ten-year lease period has expired, Landlord may terminate this Lease for any reason upon 180 days written notice to Tenant. 5. Rent. Tenant shall pay Landlord rent of One Dollar per year for the term of this Lease,payable annually or in advance at the discretion of the Tenant. 6. Tenant's Use of the Premises. Tenant shall use the Premises only for public park and associated parking purposes, consistent with the following terms (the "Permitted Activities"): 00045598.DOC/3 -1- 4/19/2016 215 PM Marana Regular Council Meeting 03/21/2017 Page 54 of 70 (A) Expense of Tenant. Tenant shall occupy the Premises at its own expense and without contribution from Landlord. (B) Access by Landlord's parishioners. Tenant shall provide the Landlord's parishioners with access to the Premises at all times during which the public park and associated parking located on the Premises is normally open and available to the public. 7. Parking. If Tenant deems parking necessary, Tenant shall construct its own parking facilities on the Premises and shall not use any parking facilities of the Landlord. All maintenance and upkeep on any new parking facilities on the Premises shall be the responsibility of Tenant during the term of this Lease. 8. Landlord's Right to Relocate the Premises on Site. At Landlord's option, Landlord may at its sole cost relocate the Premises and the public park and associated parking located on the Premises to an alternate site reasonably acceptable to Tenant of equal or larger size on the Landlord's property of which the Premises is a part. 9. Assignment and Subletting. Tenant shall not sublet the Premises or any part of the Premises, and shall not assign its interest in this Lease or any part of this Lease. Tenant shall not encumber its interest in the Premises by mortgage, trust deed or otherwise, in whole or in part, without the prior written consent and approval of Landlord. 10. Taxes. Tenant shall pay all taxes, real and personal, associated with the ownership or use of the Premises during any term of this Lease. 11. Compliance with Laws. Tenant shall comply with all applicable federal, state, and local laws, statutes, ordinances, rules, regulations, standards, policies, and executive orders with respect to its operations on the Premises. 12. Improvements to Premises. All improvements, made to the Premises by Tenant must receive the prior written approval of Landlord, to whom Tenant shall submit detailed plans and specifications. Improvements shall be constructed in a good and workmanlike manner, in compliance with the approved plans and specifications and with all applicable laws, rules, and regulations, including all applicable building, electrical and other codes. 13. Utilities. Tenant shall pay the cost of all utilities used in connection with its operation of the Premises. 14. Insurance. (A) Tenant agrees to procure and maintain a policy, or policies, of comprehensive public liability and property damage insurance. The policy shall be with a good and solvent insurance company for the benefit of Tenant and Landlord. Under the terms of the policy, Landlord shall be protected from and insured against any, and all, loss, damage or liability of whatsoever nature arising out of or in connection with the condition of, the use of, or Tenant's operations on the Premises. 00045598.DOC/3 -2- 4/19/20162:15 PM Marana Regular Council Meeting 03/21/2017 Page 55 of 70 The limits of liability on public liability insurance under the policy or policies shall provide a minimum coverage of $5,000,000 for injury or death of one person, $5,000,000 for injury or death of two or more persons, and $5,000,000 property damage per occurrence. Such policy or policies shall be written as a primary policy and not contributory with or in excess of any policy which Landlord may carry,and shall name, cover and insure Landlord as an additional insured. Tenant may satisfy the requirements of this section through a program of self-insurance or through the Arizona Municipal Risk Retention Pool. (B) Tenant shall deliver certificates of the required insurance,or self-insurance,to Landlord on or before the first day of the lease term and,thereafter,not less than ten days prior to the expiration of such policy, if any. (C) Tenant agrees during the term of this Lease to name Landlord as additional named insured under its comprehensive public liability and property damage insurance during the term of this and any subsequent additional terms of this Lease. 15. Condition of Premises. Tenant acknowledges that it has examined the Premises and Tenant accepts the Premises in as-is physical condition upon the execution of this Lease. 16. Maintenance and Repair. Tenant shall maintain the Premises at all times hereunder in a good, clean, safe and sanitary condition, at its sole cost and expense, including making any necessary repairs or replacements of improvements on the Premises 17. Surrender. Upon the expiration or earlier termination of this Lease,Tenant shall leave the Premises in a condition at least as good as upon the Effective Date of this Lease. No later than the expiration or earlier termination of this Lease, Tenant may remove any Tenant-built or Tenant-installed improvements. Tenant shall remove any Tenant-built or Tenant-installed improvements prior to the expiration or earlier termination of this Lease if requested by Landlord. Any personal property or Tenant- built or Tenant-installed improvements not removed upon expiration or earlier termination of this Lease shall become the property of Landlord and may be sold or otherwise disposed of by Landlord without liability to Tenant. 18. Environmental. Tenant shall not cause or permit any hazardous or toxic substance or material to be brought upon, kept, or used in or about the Premises by Tenant, its agents, employees,contractors or invitees. Tenant shall fully comply with all environmental rules and regulations with respect to its operations on the Premises and shall remediate and clean up any contamination of the Premises occurring during the term of this Lease. 19. Entry by Landlord. Landlord may enter the Premises at reasonable times to inspect the Premises and Tenant's operations on the Premises. 20. Security. Tenant shall be responsible for the securing the Premises and taking reasonable steps to prevent unlawful or unauthorized use of the Premises. The Premises 00045598.DOC/3 —3— 4/19/2016 215 PM Marana Regular Council Meeting 03/21/2017 Page 56 of 70 shall be posted with signage regarding park rules and hours on the public access (Swanson Street) side of the Premises. The remaining three sides of the Premises will be fenced to prevent access from the park and associated parking area into the remainder of Landlord'sproperty. Tenant shall contact law enforcement authorities when it appears necessary to protect the Premises and any persons or property on the Premises, and it shall assist in any resulting prosecution. 21. Indemnification. To the fullest extent permitted by law, Tenant shall defend, indemnify, and hold harmless Landlord, its Board of Directors, officers, agents, and employees, from and against any and all claims, liabilities, losses, damage, cost and expense, including but not limited to reasonable attorneys' fees and/or litigation expenses, arising out of or resulting from the Tenant's occupancy of the Premises, or any accident, injury, damage, or violation of law whatsoever occurring in or at the Premises allegedly caused in whole or in part by any act or omission of Tenant or anyone directly or indirectly employed by it, its agents, representatives, contractors, subcontractors,licensees,or anyone for whose acts it may be liable. 22. Tenant not an Agent of Landlord. Tenant is not an agent of Landlord for any purpose under this Lease or otherwise. Tenant shall control activities on the Premises, and Landlord shall not control those activities. Tenant's employees and servants shall not be under the control of Landlord. 23. Notices. Any notices required under this Lease shall be delivered personally or by certified mail,directed as follows: If to Landlord: SAINT CHRISTOPHER ROMAN CATHOLIC PARISH-MARANA Attn: Reverend Virgilio Tabo,President 12101 Moore Road Marana,Arizona 85653 If to Tenant: Marana Town Clerk 11555 West Civic Center Drive Marana,Arizona 85653 With a copy to: Marana Legal Department 11555 West Civic Center Drive Marana,Arizona 85653 24. Cancellation for Conflict of Interest. This Lease may be cancelled under certain circumstances for conflict of interest pursuant to A.R.S. §38-511. 25. Non-Discrimination. In its use and occupancy of the Premises, Tenant shall comply with applicable state and federal rules concerning equal employment opportunity and non-discrimination, and with the Americans with Disabilities Act. 26. Choice of Law. The laws of the State of Arizona shall apply to any action relating to this Lease and any court action shall be brought in a court in Pima County, Arizona. 00045598.DOC/3 -4- 4/19/2016 215 PM Marana Regular Council Meeting 03/21/2017 Page 57 of 70 27. Liens. Tenant shall timely pay all contractors, subcontractors, mechanics, laborers, or materialmen providing materials or services with respect to the Premises, and shall not permit any lien to attach to the Premises or any interest in the Premises, and shall indemnify and defend Landlord against all legal costs and charges resulting from any such lien. 28. Non-Waiver. The failure of either Party to insist in any one or more instances upon the full and complete performance of any of the terms and provisions of this Lease to be performed by the other Party, or to take my action permitted as a result thereof, shall not be construed as a waiver or relinquishment of the right to insist upon full and complete performance of the same or my other covenant or condition either in the past or in the future. The acceptance by either Party of sums less than may be due j and owing to it at my time shall not be construed as an accord and satisfaction. 29. Assignment/Subletting. Any attempted assignment of this Lease by either Party without prior written consent from the other Party shall be void. This Lease shall be binding on my and all successors and assigns of Landlord and Tenant. Tenant shall not sublet any portion of the Premises without the prior written consent of Landlord,which consent may be given conditionally. 30. Entire Agreement. This Lease shall constitute the entire contract between Landlord and Tenant with respect to the Premises and no modification of this Lease shall be binding unless in writing and signed by both Parties. [Signature page follows.] i 00045598.DOC/3 -5- 4/19/2016 2:15 PM Marana Regular Council Meeting 03/21/2017 Page 58 of 70 IN wrFNESS WHEREOF, the Parties have executed this Lease as of the last date set forth below their respective signatures. "LANDLORD": `TENANT": A SAINT CHRISTOPHER ROMAN CATHOLIC TOWN OF MARANA,an Arizona PARISH-MARANA, an Arizona non-profit municipal corporation 'i corporation By: Ed I Ionea,Mayor Rev Ad ' "o T bo,President Date: Date: I ATTEST: Jocelyn C. Bronson,Town Clerk j APPROVED A5 To FORM: i Frank Cassidy,Town Attorney Mate of Arizona ) ss County of Pima ) 11 The foregoing instrument was acknowledged before me on . �PAA'RISH- MARANA, I by Reverend Virgilio Tabo, President of SAINT CHRISTOPHER ROMAN ATH an Arizona non-profit corporation,on its beh i (Seal) ..... C(""VVWW810n#324032 N*Wry rad on aublic "M f Myr C ^vunr sm an Earp&raaww ,uoi uouo Ala 13 2017 00045598.DOC:/3 -6- 4/19/2016 2;15 PM Marana Regular Council Meeting 03/21/2017 Page 59 of 70 April 14,2016 EXHIBIT"A" PIMA COUNTY TAX PARCEL 217-49-004A The south 165.00 feet of the west 200.00 feet of the east 391.00 feet of that property described in Docket 12780,page 5100,recorded in the Pima County Recorder's Office, Pima County,Arizona, located In the northeast quarter of Section 33 of Township 11 South, Range 11 East,Gila and Salt River Meridian, Pima County,Arizona, As a corollary,containing approximately 33,000 square feet. See Exhibit B attached hereto. Prepared for the Town of Marana by PSOMAS Project No.7TMA150102 LANDS rr 18557 '= J.O. o TEAGUE I °r� s. 0JV tl.`'' EXPIRES 9/30/16 i i Pg.1 of 2 Marana Regular Council Meeting 03/21/2017 Page 60 of 70 L; E/D COR. SEC. 33 NE COR. SEC 33 IN HANDHOLEMKD. MOORE ROAD 3 BD IN HANDHOLE OF MARANA" BK. 2, PG. 129 R.M. MKD. "TOWN OF MARANA" S 8925'27" W 2637.64' j 1021.11' 30' 1/2 ROW 3" BD IN HANDHOLE MKD. "TOWN OF MARANA" 0 SCALE: 1"=100' N 217-49--004A ST. CHRISTOPHER ROMAN CATHOLIC PARISH 0 fj DKT. 12780, PG. 5100 u) t z in � w WEST LINE OF THE E. 330' w a, OF THE NW 1/4 z OF THE NE 1/4 = rN SEC. 33 o L5 Z to m PROPOSED PARK d AREA —' 33,000 SQ. FT. f J L3 L2 L10 J i L9 S 89'17'50" W 690.92' W. SWANSON ST. 3" BD IN HANDHOLE MKD. "TOWN OF MARANA RLS 14145" LINE BEARING DISTANCE LINE BEARING DISTANCE L1 N 46'21'05" W 41.84' L6 S 00'32'19" E 165.00' .� L2 S 89'20'24" W 191.00' L7 S 00'42'09" E 29.39' L3 S 89'20'24" W 200.00' L8 S 00'42'10" E 29.54' L4 N 00'32'19" W 165.00 L9 S 89'17'50" W 220.92' Y L5 N 89'20'24" E 200.00' L10 S 89-17'50" W 200.00' J EXHIBIT "B" P S O M A S PIMA COUNTY TAX PARCEL 217-49-004A 333 E. Wetmore Road, ST. CHRISTOPHER ROMAN CATHOLIC PARISH Suite 450, Tucson, AZ 85705 SEC. 33, T11 S, R 11 E Tel(520) 292-2300 GILA & SALT RIVER MERIDIAN, PIMA COUNTY, AZ 7TMA150102 EXHIBIT �- DATE: 4/14/2016 PRAWN BY: JOT Marana Regular Council Meeting 03/21/2017 Page 61 of 70 CD 4VN -� VN z QL CS I,y F 7 F a p Ch1! /1)( ��, MARANA AZ ESTABLISHED 1977 Council-Regular Meeting A3 Meeting Date: 03/21/2017 To: Mayor and Council From: Erik Montague, Finance Director Date: March 21, 2017 Strategic Plan Focus Area: Community Subject: Resolution No. 2017-023: Relating to Administration; approving the transfer of up to $156,000 in budgeted expenditure authority from the General Fund contingency line item in the fiscal year 2016-2017 budget to various accounts within Community Development and Neighborhood Services for expenses related to startup costs for the new Marana Animal Services division; and authorizing the increase of budgeted full-time equivalent positions from 346.63 to 348.63 for the addition of two Marana animal control officer positions (Erik Montague) Il ,,, Discussion: Staff presented options relating to the provision of animal control services within the Town to Council at the Study Session on March 14, 2017. Council directed staff to pursue Option Two which would allow the current intergovernmental agreement with Pima County to expire at the end of its current term on June 30, 2017, establish an animal enforcement function within the Town and allow for the contracting of sheltering services. As described at the Study Session, the Town will need to incur costs in the current fiscal year for the addition two Animal Control Officers, a vehicle, equipment and other items needed for the Town to be prepared for a July 1, 2017 program start. Since these costs were not included within the legally adopted fiscal year 2016-2017 budget, staff is seeking Council authorization to move up to $156,000 in budgeted General Fund contingency funds to various Community Development and Neighborhood Services accounts for these costs. Additionally, staff is seeking formal authorization to increase the number of authorized full-time equivalent positions from 346.63 to 348.63 to allow for the creation of the two Animal Control Officer positions. Staff does not anticipate that this requested use of contingency will have a material impact on the position of the General Fund based upon projected revenues and expenditures for the current fiscal year. Marana Regular Council Meeting 03/21/2017 Page 63 of 70 Financial Impact: Fiscal Year: 2017 Budgeted Y/N: N Amount: Up to $156,000 If approved, the use of up to $156,000 in contingency will not have a material impact on the General Fund budget. Staff Recommendation: Staff recommends adoption of Resolution No. 2017-023, approving the transfer of up to $156,000 in budgeted expenditure authority from the General Fund contingency line item in the fiscal year 2016-2017 budget to various accounts within Community Development and Neighborhood Services for expenses related to startup costs for the new Marana Animal Services division; and authorizing the increase in budgeted full-time equivalent positions from 346.63 to 348.63 for the addition of two Marana Animal Control Officer positions. Suggested Motion: I move to adopt Resolution No. 2017-023, approving the transfer of up to $156,000 in budgeted expenditure authority from the General Fund contingency line item in the fiscal year 2016-2017 budget to various accounts within Community Development and Neighborhood Services for expenses related to startup costs for the new Marana Animal Services division; and authorizing the increase in budgeted full-time equivalent positions from 346.63 to 348.63 for the addition of two Marana Animal Control Officer positions. iii .. Attachments Resolution No. 2017-023 Marana Regular Council Meeting 03/21/2017 Page 64 of 70 MARANA RESOLUTION NO. 2017-023 RELATING TO ADMINISTRATION; APPROVING THE TRANSFER OF UP TO $156,000 IN BUDGETED EXPENDITURE AUTHORITY FROM THE GENERAL FUND CONTINGENCY LINE ITEM IN THE FISCAL YEAR 2016-2017 BUDGET TO VARIOUS ACCOUNTS WITHIN COMMUNITY DEVELOPMENT AND NEIGHBORHOOD SERVICES FOR EXPENSES RELATED TO STARTUP COSTS FOR THE NEW MARANA ANIMAL SERVICES DIVISION; AND AUTHORIZING THE INCREASE OF BUDGETED FULL-TIME EQUIVALENT POSITIONS FROM 346.63 TO 348.63 FOR THE ADDITION OF TWO MARANA ANIMAL CONTROL OFFICER POSITIONS WHEREAS on June 21, 2016, the Town Council adopted the fiscal year 2016-2017 budgetary document and overall financial plan which set the legal level of budgetary control at the department level for the General Fund and at the fund level for all other funds; and WHEREAS also on June 21, 2016, the Town Council established the number of budgeted full-time equivalent positions for fiscal year 2016-2017 at 346.63; and WHEREAS the Town Council desires to transfer budgeted expenditure authority in the fiscal year 2016-2017 budget of up to $156,000 from the General Fund contingency line item to various accounts within Community Development and Neighborhood Services for expenses re- lated to startup costs for the new Marana Animal Services division and authorize the increase of budgeted full-time equivalent positions from 346.63 to 348.63 for the addition of two Marana Animal Control Officer positions; and WHEREAS transferring budgeted expenditure authority from the contingency fund of up to $156,000 within fiscal year 2016-2017 and the increase of two full-time equivalent positions will not significantly impact the General Fund; and WHEREAS reallocations of budgeted expenditure authority between the contingency line item in the General Fund to other line items are necessary from time to time; and WHEREAS the Council finds that the reallocations addressed by this resolution are in the best interest of the Town of Marana and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The transfer of up to $156,000 in budgeted expenditure authority from the General Fund's budgeted contingency line item to various accounts within Community Devel- opment evelopment and Neighborhood Services in the fiscal year 2016-2017 budget for expenses related to startup costs for the new Marana Animal Services division and the increase of budgeted full-time equivalent positions from 346.63 to 348.63 for the addition of two Marana Animal Control Of- ficer positions is hereby approved. Marana Resolition No.2017-023 - 1 - 3/16/201710:23 AM Marana Regular Council Meeting 03/21/2017 Page 65 of 70 SECTION 2. The Town's Manager and staff are hereby directed and authorized to un- dertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of this resolution. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 21 st day of March, 2017. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney MaranaResolition No.2017-023 - 2 - 3/16/201710:23 AM Marana Regular Council Meeting 03/21/2017 Page 66 of 70 /1)( ��, MARANA AZ ESTABLISHED 1977 Council-Regular Meeting A4 Meeting Date: 03/21/2017 To: Mayor and Council From: Anthony Hunter, Management Assistant Date: March 21, 2017 Strategic Plan Focus Area: Not Applicable Subject: Ordinance No. 2017-007; Relating to Finance; amending the Town of Marana comprehensive fee schedule; and declaring an emergency (Tony Hunter) Il ,,, Discussion: The Town Council, via Ordinance No. 2017.004, adopted an amended comprehensive fee schedule on February 7, 2017. Since that date, staff has identified three fees that were inadvertently left out from the final fee document - although all changes were included in the mandatory 60-day review period. To include these in the adopted fee schedule, staff is recommending the following amendments (with deletions shown with 4 , 4,; and additions shown with underlining) (only amendments to the fee schedule are shown; the remainder of the fee schedule is unchanged): Fee/Description Amount Unit of MeasureNot..... es DEVELOPMENT SERVICES. PLANNING Includes 1st & 2nd submittals. Reviews $3,000.00 Base after 2nd submittal Preliminary Plat + $30.00 per lot Per submittal and revisions to accepted plans are each charged 30% of original fee. Marana Regular Council Meeting 03/21/2017 Page 67 of 70 ..................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... PUBLIC SERVICES: WATER Customer-requested Meter $ 35.00 Per re-readtA Fee is Re-read refundable if meter is found to be inaccurate, defined as an error of greater than 3%. . Fee applies to non-Marana sewer customers and is set Sewer Service Establishment Fee 15.00See Per connection bv Pima County. notes Marana collects and asses fee through to Pima Coun . J-2ass Staff Recommendation: Staff recommends adoption of the proposed changes to the comprehensive fee schedule and the declaration of an emergency. Suggested Motion: I move to adopt Ordinance No. 2017.007; amending the Town of Marana comprehensive fee schedule; and declaring an emergency. iiiAttachments Ordinance No. 2017.007 Marana Regular Council Meeting 03/21/2017 Page 68 of 70 MARANA ORDINANCE NO. 2017.007 RELATING TO FINANCE; AMENDING THE TOWN OF MARANA COMPREHENSIVE FEE SCHEDULE; AND DECLARING AN EMERGENCY WHEREAS the Town Council is authorized by A.R.S. § 9 240(A) to control the finances of the town; and WHEREAS the Town Council, via Ordinance No. 2017.004, adopted an amended comprehensive fee schedule on February 7, 2017, which was made a public record by and attached as Exhibit A to Resolution No. 2017-010; and WHEREAS amending the comprehensive fee schedule as set forth in this ordinance is in the best interests of the Town of Marana. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. The Town of Marana comprehensive fee schedule adopted via Ordinance No. 2017.004 is hereby amended (with deletions shown with '4 ;s and additions shown with double underlining) (only amendments to the fee schedule are shown; the remainder of the fee schedule is unchanged): Fee/Description Amount Unit of Measure Notes DEVELOPMENT SERVICES: PLANNING Preliminary Plat $3.000.00 Base + Per submittal Includes 1st &2nd $30.00 per lot submittals. Reviews after 2nd submittal and revisions to accepted plans are each charged 0 of ormomnal-fae— PUBLIC SERVICES: WATER Customer-requested Meter Re-read $ 35.00 Per re-read to f@Q Fee is refundable if meter is found to be inaccurate, defined as an error of greater than 3%. Sewer Service Establishment Fee 115 oo See notes Per connection Fee applies to non- Marana sewer customers and is set by Pima County- Marana collprts 00051395.DOCX/1 Marana Ordinance No.2017.007 - 1 - Marana Regular Council Meeting 03/21/2017 Page 69 of 70 aad_j2@sses fee through to Pima County. Pass #* SECTION 2. The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance. SECTION 3. All ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the Council in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance; provided, however, that this repeal shall not affect the rights and duties that matured or penalties that were incurred and proceedings that were begun before the effective date of the repeal. SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this ordinance. SECTION 5. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this ordinance become immediately effective, an emergency is hereby declared to exist, and this ordinance shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, Arizona, this 21 st day of March, 2017. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney 00051395.DOCX/1 Marana Ordinance No.2015.007 - 2 - Marana 2 - Marana Regular Council Meeting 03/21/2017 Page 70 of 70