Loading...
HomeMy WebLinkAboutRegular Council Meeting Agenda Packet 03-20-2018MARANA TOWN COUNCIL REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, March 20, 2018, 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 20, 2018, 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 03/20/2018 Page 1 of 91 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.maranaaz.gov under Agendas and Minutes. For questions about the Council meetings, special services or procedures, please contact the Town Clerk, at (520) 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 ALLEGIANCE/INVOCATION/MOMENT OF SILENCE   APPROVAL OF AGENDA   CALL TO THE PUBLIC At this time any member of the public is allowed to address the Town Council on any issue within the jurisdiction of the Town Council, except for items scheduled for a Public Hearing at this meeting. The speaker may have up to three minutes to speak. Any persons wishing to address the Council must complete a speaker card located outside the Council Chambers and deliver it to the Town Clerk prior to the commencement of the meeting. Individuals addressing a meeting at the Call to the Public will not be provided with electronic technology capabilities beyond the existing voice amplification and recording capabilities in the facilities. 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 03/20/2018 Page 2 of 91 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. 2018-022: Relating to Risk Management; approving and authorizing the Mayor to sign the Fourth Amended and Restated Membership Agreement between the Town of Marana and the Arizona Municipal Risk Retention Pool (AMRRP) (Jane Fairall)   C2 Resolution No. 2018-023: Relating to Floodplain Management; approving and authorizing the Mayor to sign the Cochie Canyon Levee Maintenance and Ingress-Egress Easement Agreement; and adopting the Operation and Maintenance Plan for the Cochie Canyon Levee (Frank Cassidy)   C3 Approve Regular Council Meeting Minutes from March 6, 2018 (Jocelyn C. Bronson)   LIQUOR LICENSES   L1 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a person transfer and location transfer series #7 Beer and Wine Bar liquor license application submitted by Thomas Robert Aguilera on behalf of Casa CBW, LLC, located at 8225 N. Courtney Page Way Ste #191, Tucson, Arizona 85743.   BOARDS, COMMISSIONS AND COMMITTEES   B1 Resolution No. 2018-024:  Relating to Boards, Commissions and Committees; making appointments to the Board of Adjustment (Jocelyn C. Bronson)   COUNCIL ACTION   A1 Ordinance No. 2018.007: Relating to Traffic and Highways; amending Town Code Title 12 (Traffic and Highways), Chapter 12-7 (Construction in Town Rights-of-Way); revising section 12-7-5 (Permit process) to add grounds for denial of a permit; revising Section 12-7-8 (Construction requirements) to update reference to standard specifications and details; revising section 12-7-9 (Newly constructed asphalt pavements) to amend construction requirements for certain categories of asphalt; and designating an effective date (Jane Fairall) Marana Regular Council Meeting 03/20/2018 Page 3 of 91   A2 Ordinance No. 2018.008: Relating to Traffic and Highways; revising Marana Town Code Title 12 (Traffic and Highways) by adding a new Chapter 12-9 (Overdimensional Vehicles); and designating an effective date (Jane Fairall) Resolution No. 2018-025: Relating to Traffic and Highways; declaring as a public record filed with the Town Clerk the revisions to the Marana Town Code adopted by Marana Ordinance No. 2018.008; revising Marana Town Code Title 12 (Traffic and Highways) by adding a new Chapter 12-9 (Overdimensional Vehicles) (Jane Fairall)   ITEMS FOR DISCUSSION / POSSIBLE ACTION   D1 Relating to Public Safety; discussion and direction regarding the Town's public safety communications system, including discussion regarding possible migration of the Town's system to the Pima County Wireless Integrated Network (PCWIN) radio system (Carl Drescher)   D2 Relating to Legislation and Government Actions; discussion and possible action regarding all pending state, federal, and local legislation/government actions and on recent and upcoming meetings of the other governmental bodies (Jamsheed Mehta)      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)(1) for discussion, consideration and possible interviews of candidates for appointment to the Board of Adjustment.      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 03/20/2018 Page 4 of 91      Council-Regular Meeting   C1        Meeting Date:03/20/2018   To:Mayor and Council From:Jane Fairall, Deputy Town Attorney Date:March 20, 2018 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2018-022: Relating to Risk Management; approving and authorizing the Mayor to sign the Fourth Amended and Restated Membership Agreement between the Town of Marana and the Arizona Municipal Risk Retention Pool (AMRRP) (Jane Fairall) Discussion: The Town of Marana is a member of the Arizona Municipal Risk Retention Pool (AMRRP), a collective self-insurance pool of cities and towns administered by an administrator designated by the Board of Trustees of the AMRRP.  The AMRRP has not revised its membership agreement in a number of years and is now requesting that members execute the Fourth Amended and Restated Membership Agreement.  A description of the agreement updates is included in the attached explanatory letter from the AMRRP. The Fourth Amended and Restated Membership Agreement is attached, along with Appendix C, the revised AMRRP Risk Management Program Agreement.  As the AMRRP letter explains, Appendix A is the Town's annual Municipal Liability and Property Coverage Agreement and Appendix B is the annual Workers Compensation and Employers Liability Policy.  Staff has not attached these documents to this agenda item, but the documents are available upon request. Staff Recommendation: Staff recommends approval of the AMRRP Membership Agreement. Suggested Motion: I move to adopt Resolution No. 2018-022, approving and authorizing the Mayor to sign Marana Regular Council Meeting 03/20/2018 Page 5 of 91 I move to adopt Resolution No. 2018-022, approving and authorizing the Mayor to sign the Fourth Amended and Restated Membership Agreement between the Town of Marana and the Arizona Municipal Risk Retention Pool. Attachments Resolution No. 2018-022 Exhibit A to Resolution - Membership Agreement Appendix C to Membership Agreement - Program Agreement AMRRP Letter Marana Regular Council Meeting 03/20/2018 Page 6 of 91 Marana Resolution No. 2018-022 MARANA RESOLUTION NO. 201 8-022 RELATING TO RISK MANAGEMENT; APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE FO URTH AMENDED AND RESTATED MEMBERSHIP AGREEMENT BETWEEN THE TOWN OF MARANA AND THE ARIZONA MUNICIPAL RISK RETENTION POOL (AMRRP) WHEREAS A.R.S. § 11-952.01 permits two or more public agencies to enter into contracts or agreements to purchase insurance jointly or to pool retention of such public agencies' property, liability and workers’ compensation risks, and to jointly form a nonprofit corporation to carry out such purposes on behalf of the public agency members of the nonprofit corporation directly or by contract with a private party; and WHEREAS the Arizona Municipal Risk Retention Pool (AMRRP) is a collective self-insurance pool of cities and to wns administered by an administrator designated by the Board of Trustees of the AMRRP; and WHEREAS the Town desires to enter into an agreement to pool retention of its risk for property, liability and casualty losses and workers’ compensation claims with that of other cities, towns or other political subdivisions of the state of Arizona that are members of the AMRRP and to provide for the payment of such losses or claims; and WHEREAS the Mayor and Council find that the best interests of the Town of Marana and its citizens are served by the approval and execution of the Fourth Amended and Restated Membership Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: The Fourth Amended and Restated Membership Agreement between and the Town of Marana and the Arizona Municipal Risk Retention Pool (AMRRP) attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, the Mayor is hereby authorized and directed to execute it for and on behalf of the Town of Marana, and the Town’s Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the agreement. Marana Regular Council Meeting 03/20/2018 Page 7 of 91 Marana Resolution No. 2018-022 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 20th day of March, 2018. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 03/20/2018 Page 8 of 91 ARIZONA MUNICIPAL RISK RETENTION POOL FOURTH AMENDED AND RESTATED MEMBERSHIP AGREEMENT 1. Parties. The parties to this Fourth Amended and Restated Membership Agreement (the “Agreement”) are the Arizona Municipal Risk Retention Pool, an Arizona nonprofit corporation (the “Pool”), and __________________ (the “Member”), a political subdivision of the State of Arizona. 2. Recitals. This Agreement is based upon certain understandings and in furtherance of certain objectives: 2.1. WHEREAS, A.R.S. § 11-952.01 permits two or more public agencies (as defined in A.R.S. § 11-951) to enter into contracts or agreements to purchase insurance jointly or to pool retention of such public agencies' property, liability and workers’ compensation risks, and to jointly form a nonprofit corporation to carry out such purposes on behalf of the public agency members of the nonprofit corporation directly or by contract with a private party; and 2.2. WHEREAS, the Pool is administered by an administrator (the “Administrator”) designated by the Board of Trustees of the Pool (the “Board”); and 2.3. WHEREAS, the Member desires to enter into this agreement to: 2.3.1 pool retention of the Member's risk for property, liability and casualty losses with that of other cities, towns or other political subdivisions of the State of Arizona that are members of the Pool and to provide for the payment of such losses or claims; and/or 2.3.2 provide for the payment of workers’ compensation claims made against other cities, towns or other public agencies of the State of Arizona that are members of the Pool and to provide for the payment of such claims; NOW, THEREFORE, the Pool and Member agree as follows: 3. Coverage and Participation. 3.1. The Pool shall offer coverages for property, liability and workers’ compensation. The procedure for making claims for such losses against the Pool, the means and procedures for defending against such claims, the persons or entities to be indemnified by the Pool, the limitations and exclusions on coverage, and various other matters necessary or appropriate to the functioning of the Pool in connection with property and liability losses are more particularly described in a coverage agreement to be negotiated between the Member and the Pool and attached hereto as Appendix A, and incorporated by this reference (the “Property and Liability Coverage Agreement”). The effective date of the Property and Liability Coverage Agreement (the “Property and Liability Coverage Effective Date”) shall be set forth in the Property and Liability Coverage Agreement. The procedure for making claims in connection with coverage for employees of the Member as required for a self-insured employer pursuant to A.R.S. § 23-961 (as may be amended), the means and procedures for defending Marana Regular Council Meeting 03/20/2018 Page 9 of 91 2 against such claims, the persons or entities to be compensated by the Pool, the limitations and exclusions on coverage, and various other matters necessary or appropriate to the functioning of the Pool are more particularly described in the coverage agreement to be negotiated between the Member and the Pool and attached hereto as Appendix B and incorporated by this reference (the “Workers’ Compensation Coverage Agreement”). The effective date of the Workers’ Compensation Coverage Agreement (the “Workers’ Compensation Coverage Effective Date”) shall be set forth in the Workers’ Compensation Coverage Agreement. The Property and Liability Coverage Agreement and the Workers’ Compensation Coverage Agreement shall be referred to collectively as the “Coverage Agreements.” The Property and Liability Coverage Effective Date and the Workers’ Compensation Coverage Effective Date shall be referred to collectively as the “Coverage Effective Dates.” 3.2. The terms of this Agreement, the Property and Liability Coverage Agreement and the Workers’ Compensation Coverage Agreement may be amended by majority vote of the Board, provided that any amendment to this Agreement, the Property and Liability Coverage Agreement and the Workers’ Compensation Coverage Agreement shall become effective upon a date designated by the Board after first giving the Member at least thirty (30) days’ prior written notice thereof. Notwithstanding the foregoing, the Board may, without prior notice to the Member, amend the Property and Liability Coverage Agreement and the Workers’ Compensation Coverage Agreement if the amendment does not decrease or materially change the insurance coverage available to the Member including, but not limited to, incidental or grammatical amendments that do not decrease insurance coverage available to the Member. 4. Term and Renewal. Insurance coverage under this Agreement shall be effective as set forth in each Coverage Agreement and shall be automatically renewed (for each Coverage Agreement) unless terminated pursuant to Section 5 of this Agreement. 5. Termination of Agreement. 5.1. With Cause. The Board may at any time during the term of this Agreement or any extensions thereof suspend or terminate coverage for (i) nonpayment of the Membership Fees or any other breach by the Member of the terms of this Agreement; or (ii) the failure to satisfy underwriting requirements established by the Pool. In such case, coverage shall be suspended or terminated, and membership shall be terminated pursuant to Section 8 of this Agreement. 5.2. Without Cause. Insurance coverage under this Agreement may be terminated by the Pool or the Member by written notice of termination given at least ninety (90) days prior to the anniversary of the Property and Liability Coverage Effective Date (in the case of the Property and Liability Coverage Agreement) or at least ninety (90) days prior to the anniversary of the Workers’ Compensation Coverage Effective Date (in the case of the Workers’ Compensation Coverage Agreement). For example, if the Member has entered into both a Property and Liability Coverage Agreement and a Workers’ Compensation Coverage Agreement, coverage under either Coverage Agreement may be terminated by either party without cause by written notice of termination given at least ninety (90) days prior to the anniversary of the applicable Coverage Effective Date. Terminating coverage under one Coverage Agreement without cause pursuant to this Section 5.2 does not necessarily terminate Marana Regular Council Meeting 03/20/2018 Page 10 of 91 3 coverage under the other Coverage Agreement. The Board may in its sole and absolute discretion, and only in the event of extraordinary circumstances demonstrated by the Member, grant the Member a thirty (30) day extension of coverage under the Property and Liability Coverage Agreement or the Workers’ Compensation Coverage Agreement on such renewal terms and conditions that are submitted to the Member by the Administrator for the next succeeding renewal year, prorated by the Administrator for the thirty (30) day extension period. Any extension granted pursuant to this Section 5.2 shall not change the Coverage Effective Date for the applicable Coverage Agreement or the term of this Agreement and any renewals thereof. 5.3. Termination of Coverage. This Agreement shall terminate and the Member shall cease being a member of the Pool upon the termination of all coverage under the Coverage Agreements. Upon such termination, the terminated Member may not apply to rejoin the Pool for a period of three (3) years after the date of termination. 5.4. Distribution of Assets On Termination. In the event the Member shall terminate this Agreement for any reason, or in the event the Board shall terminate this Agreement pursuant to Section 5.1 and Section 8 of this Agreement, the Member shall thereupon forfeit any and all rights to the return of any surplus, unearned contributions, or other legally permitted distributions from the Pool. 5.5. Effect of Termination. Notwithstanding the termination of this Agreement, following the date of termination a Member shall (i) cooperate fully with the Administrator in connection with the resolution of covered claims; and (ii) cooperate and assist the Administrator and any claims adjuster or legal counsel retained by the Pool. 6. Termination of the Pool. Notwithstanding any other provision hereof, the Pool may be terminated at such time as the Board determines (by a vote of at least two-thirds of the number of Board members then serving on the Board at a duly called meeting of the Board at which a quorum is present) that the number of members of the Pool or the size of the Pool is too small to provide coverage against the risks specified in the Property and Liability Coverage Agreement and the Workers’ Compensation Coverage Agreement. Any termination pursuant to this Section 6 shall not be effective until the Board shall have given each member of the Pool at least twelve (12) months' written notice. 7. Membership Fees. The Property and Liability Coverage Agreement and the Workers’ Compensation Coverage Agreement shall each set forth the fees for the coverages selected by the Member (collectively, the “Membership Fees”). The Membership Fees shall be based on sound underwriting criteria as recommended by the Pool's actuary and the Administrator. The Member agrees to furnish the Administrator all available data regarding exposures and loss experience of the Member necessary to calculate Membership Fees. The Member shall pay its total Membership Fees to the Pool in cash pursuant to a payment plan established by the Board. 8. Suspension. In the event the Member (i) fails to pay its Membership Fees as specified herein; (ii) fails to comply with any of the other terms of this Agreement; or (iii) fails to satisfy underwriting requirements established by the Pool, the Board may, if such failure is not cured after ten (10) days’ written notice, terminate the Member’s coverage under the applicable Marana Regular Council Meeting 03/20/2018 Page 11 of 91 4 Coverage Agreement. The date of such termination shall be referred to as the “Coverage Termination Date.” Notwithstanding such termination of coverage, the Member shall retain its rights to the return of any surplus or other distributions from or assets of the Pool for a ninety (90) day period (the “Ninety Day Reinstatement Period”) following such notice by the Pool. To retain this right, the Member must notify the Pool in writing during the Ninety Day Reinstatement Period of the Member’s election (the “Reinstatement Election”) to reinstate coverage by delivering to the Pool a payment in an amount equal to any outstanding Membership Fees and otherwise curing the failure giving rise to the termination of coverage. Upon the Pool’s receipt of such payment and evidence documenting that the Member has cured the failure giving rise to the termination of coverage, together with such underwriting data and other information as the Pool may reasonably request, and provided that the Administrator determines (in the exercise of the Administrator’s sole and absolute discretion) that the reinstatement of coverage is appropriate based on sound business judgment, loss control and underwriting criteria, and loss experience during the Ninety Day Reinstatement Period (or applicable portion thereof), coverage under the applicable Coverage Agreement will be reinstated, effective as of the Coverage Termination Date. If the Member fails to provide the Pool the Reinstatement Election (together with such documentation, data and other information as required pursuant to this Section 8) during the Ninety Day Reinstatement Period, or if the Member provides the Reinstatement Election (together with such documentation, data and other information as required pursuant to this Section 8) during the Ninety Day Reinstatement Period and the Member’s coverage reinstatement is denied pursuant to this Section 8, upon the expiration of the Ninety Day Reinstatement Period, and if the Member no longer has coverage under both Coverage Agreements, the Member shall cease to be a member of the Pool and shall lose all rights as a member of the Pool including (without limitation) the right to return of any surplus or other distributions from or assets of the Pool and coverage under any Coverage Agreement. In the event of such termination, the Member shall be relieved of any liability for ordinary Membership Fees under Section 7 for fiscal years after the year of the Member’s termination. The Member’s liability for additional assessments shall continue to the extent provided in Section 9 below. 9. Assessment. The Member shall be subject to assessment pursuant to A.R.S. § 11-952.01(M), as may be amended, and the terms of such statute are incorporated by reference. The amount of such assessment may not exceed the amount of the Member's annual Membership Fees to the Pool for the year in which the assessment is made or (if the Member has withdrawn from the Pool) for the last year that the Member was a member of the Pool. The amount of each assessment and a description of the manner of calculating the same shall be provided to the Member in writing (the “Assessment Notice”), and the Member shall pay such assessment pursuant to the terms and conditions of the Assessment Notice. The Member shall remain liable for assessments for liabilities of the Pool incurred during the Member's period of membership in the Pool, notwithstanding the Member's withdrawal from participation in the Pool or the termination of this Agreement. 10. Inspection and Audit. The Administrator or any other designee of the Pool shall be permitted, but shall not be obligated, to inspect the Member's properties and operations at any time. Neither the Administrator's right nor any such designee's right to make inspections nor the making thereof shall constitute an undertaking on behalf of or for the benefit of the Member or others to determine or warrant that such properties or operations are safe or are in compliance with any law or rule. Marana Regular Council Meeting 03/20/2018 Page 12 of 91 5 10.1. The Administrator or any other designee of the Pool may examine and audit the Member's financial and administrative records that relate to the subject matter of this Agreement at any time during the period of this Agreement is in effect and within five (5) years after the termination of this Agreement. 10.2. The Pool shall be audited annually at the expense of the Pool by a certified public accountant, and a copy of the report shall be submitted to the Board, the Member, and the Arizona Department of Insurance. The Board shall obtain an appropriate actuarial evaluation of the claim reserves of the Pool including, an estimate of the incurred but not reported claims and shall maintain claim reserves equal to known incurred losses and an estimate of incurred but not reported claims, as determined by the Board. 11. Risk Management. The Member shall maintain a program of risk management in substantial conformance with the Risk Management Program for Members, a copy of which is attached hereto as Appendix C and incorporated by this reference (the “Risk Management Program ”). The Member acknowledges, understands and agrees (i) that the Risk Management Program is simply recommendations concerning the minimum standards that should be adopted by each member of the Pool, (ii) that to be effective, a risk management program must be tailored to the specific requirements of each member of the Pool, (iii) that the Pool makes no representation or warranty that the Risk Management Program is sufficient or adequate to meet the specific requirements of the Member, and (iv) that it is the Member's sole responsibility to modify the Risk Management Program to meet the specific requirements of the Member. 12. Subrogation. In the event a recovery is obtained against a third party pursuant to the right of subrogation set forth in the Property and Liability Coverage Agreement and the Workers’ Compensation Coverage Agreement, such recovery shall first be applied to the costs of recovery, and the balance, if any, shall be apportioned between the Pool and the Member in proportion to their respective losses from the occurrence giving rise to such recovery. 13. Conformity with Law. In the event any term or provision of this Agreement shall be in conflict with the laws and statutes of the State of Arizona as they now exist or are hereafter amended, this Agreement shall be automatically deemed amended to conform to such laws and statutes. 14. Authorized Representatives; Prompt Reply. The Pool and the Member shall each designate a representative authorized to act on each of the respective parties' behalf in all matters pertaining to this Agreement. Marana Regular Council Meeting 03/20/2018 Page 13 of 91 6 For the Pool: Name Program Administrator Title 14902 North 73rd Street Address Scottsdale, AZ 85260 City, State, Zip Code 480-368-6618 Telephone ebantel@berkleyrisk.com Email Address For the Member: Name Title Address City State Zip Code Telephone Email Address Such representatives and/or addresses may be changed by either party from time to time by written or electronic notice to the other. The Member (through its Authorized Representative listed above) shall reply promptly to all correspondence or inquiries from the Pool. 15. Prior Acts of Parties. All covenants, promises, agreements, conditions and understandings between the Pool and the Member, and any other acts of the parties undertaken pursuant to A.R.S. § 11-952.01 are superseded by and merge into this Agreement, and this Agreement and any Appendices hereto set forth all covenants, promises, agreements, conditions and understandings between the Pool and the Member as of the date hereof. There are no covenants, promises, agreements, conditions or understandings either oral or written between the Pool and the Member other than set forth herein and in the Appendices hereto. Marana Regular Council Meeting 03/20/2018 Page 14 of 91 7 16. Liability. The Pool, the Board and the Administrator shall have no obligation to pay or defend claims except from the funds in the Pool, and no liability pursuant to this Agreement and any Appendix hereto except to disburse funds in the Pool in accordance with the terms of this Agreement. In the event that after collecting all assessments or Membership Fees from the members of the Pool as provided for herein, there are insufficient funds in the Pool to pay the expenses and to discharge the obligations of the Pool, neither the Pool, the Board nor the Administrator shall have any further obligation to defend or pay claims. 16.1. No member of the Pool has any liability for claims brought by third parties against any other member of the Pool, other than the obligation to contribute certain funds to the Pool as expressly required by this Agreement. The liability for any claim against the Member shall remain the sole and exclusive liability of the Member. The obligation of the Pool is to indemnify the Member against such liability as required by the Property and Liability Coverage Agreement and the Workers’ Compensation Coverage Agreement, and only to the extent there are funds in the Pool for such indemnification. 16.2. The Member is not relieved of its liability incurred during the Member's period of membership in the Pool except through the payment of losses by the Pool (as required by the Property and Liability Coverage Agreement and the Workers’ Compensation Coverage Agreement) or by the Member. 17. Invalidity of a Term. The parties agree that in the event any term, covenant or condition herein contained should be held to be invalid or void by a court of competent jurisdiction, the invalidity of any term, covenant or condition shall in no way affect any other term, covenant or condition of this Agreement. 18. Prohibition Against Discrimination. In the event that it applies, the parties agree to comply with the Arizona Governor's Executive Order No. 75-5, entitled “Prohibition of Discrimination in State Contracts - Non-Discrimination in Employment by Government Contractors and Subcontractors,” and any subsequent similar Executive Order. 19. Governing Law And Venue. This Agreement shall be construed under the laws of the State of Arizona. Any action arising out of this Agreement, whether for the enforcement thereof or otherwise, shall be brought in Maricopa County. 20. Counterparts. This Agreement may be executed in any number of counterparts, all such counterparts shall be deemed to constitute one and the same instrument, and each of such counterparts shall be deemed an original hereof. 21. Conflict of Interest and Israel Provision. The parties acknowledge that this Agreement is subject to cancellation pursuant to A.R.S. 38-511, the provisions of which are incorporated herein. The Parties agree that they are not currently engaged in and agree that for the duration of the Agreement they will not engage in, a boycott of Israel, as that term is defined in A.R.S. §35- 393. 22. In addition to Appendices A, B and C previously referred to herein, the following Appendices are attached hereto and incorporated by this reference as if set forth in full, and such Appendices are subject to amendment pursuant to each of their respective terms: Marana Regular Council Meeting 03/20/2018 Page 15 of 91 8 Appendix D – Bylaws of the Pool IN WITNESS WHEREOF, the parties hereto have executed this Agreement this ____ day of ____________________, 20__. POOL: ARIZONA MUNICIPAL RISK RETENTION POOL, an Arizona nonprofit corporation By: Its: Program Administrator______________ THE MEMBER: By: Its: Marana Regular Council Meeting 03/20/2018 Page 16 of 91 ARIZONA MUNICIPAL RISK RETENTION POOL Risk Management Program Agreement Introduction The Arizona Municipal Risk Retention Pool (AMRRP) since its inception has placed the safety of employees, the public and the protection of property as our top priority. In keeping with the AMRRP commitment to safety, the guidelines presented in this document are designed to provide municipalities with a framework for the development and maintenance of an effective risk management program. Establishment of Risk Management Contact or Committee An employee or an employee committee shall be designated to act as a risk management Coordinator, to represent the Member in matters associated with the Pool, including the implementation of risk management programs. AMRRP Safety Committee Best Practice Establishment of Risk management Guidelines • The Member shall develop and maintain appropriate risk management policies and procedures in areas of Employment, Police, Fire, Streets and Roads, Park and Recreation, and all other areas of liability and property exposures applicable to each member. • For Workers’ Compensation the member shall identify a health care provider to send all employees for the first visit. • The member shall develop a light-duty return-to-work program to reduce lost time claims. • The Member shall review its risk management program with the Administrator on an annual basis and make appropriate changes to improve the overall effectiveness of the program AMRRP Safety Program Evaluation Best Practice Marana Regular Council Meeting 03/20/2018 Page 17 of 91 • The Member shall establish a safety and risk management education and training program with emphasis on safe methods and procedures to follow while performing tasks where accidents have occurred, or where there is a potential for accidents. • Members are strongly urged to and participate in non-required training programs sponsored and/or recommended by the Administrator. Participation in other special training appropriate for the members' exposures and claim activity is also highly encouraged. AMRRP Safety Training Best Practice • The Member and Administrator shall meet on an annual basis, or as needed, for a safety inspection. A report will be provided by the Administrator to the member and corrections should be made in a timely manner. • The Member shall establish their own internal procedures for routine safety inspections of vehicles, buildings, grounds, equipment, machinery and work practices. AMRRP Safety Inspection Best Practice The Member and the Administrator shall meet on an annual, or as needed, basis to review Worker’s Compensation and Property and Casualty losses. The purpose of these meetings is to: • Establish procedures to investigate claims and incidents to determine the root cause. • Establish procedures or develop training to eliminate or reduce the claims. • Establish procedures for reporting incidents and claims and provide proper maintenance of records. AMRRP Accident Investigation Best Practice Establish appropriate motor fleet safety procedures for the operation of Municipal motor vehicles (owned and non-owned). AMRRP Defensive Driving Best Practice AMRRP Distracted Driver Policy Best Practice AMRRP 15-Passenger Van Best Practice Marana Regular Council Meeting 03/20/2018 Page 18 of 91 Member Risk Management Program Audit In order to evaluate the effectiveness of the member’s risk management plan, the Administrator shall conduct a site inspection of each member and prepare loss runs for review. The site inspection shall take place with such frequency as the Administrator deems necessary, but in no case less often than annually. The site inspection shall include but is not limited to, a review of the member’s progress towards the fulfillment of the provisions of this agreement and its effectiveness in controlling losses. The findings shall be used to enhance or improve the overall success of the member’s risk management program. Following a site inspection the Administrator shall submit a written report to each member along with any recommendations. Disclaimer 1. It is the sole responsibility of the Member to modify the risk management standards set forth in this Appendix to meet its specific requirements. 2. Neither the Pool nor any of its officers, directors, or representatives, makes any representation or warranty that the risk management requirements or provisions set forth in this Appendix are sufficient or adequate to meet the specific needs of the Member. Marana Regular Council Meeting 03/20/2018 Page 19 of 91 February 9, 2018 Re: IMPORTANT AMRRP MEMBERSHIP AGREEMENT ANNOUNCEMENT Dear AMRRP Members: As many of you know, the AMRRP Membership Agreement has not been revised in some time. In addition, many of the signatories on the agreement no longer work for your municipality. We are attaching a copy of our new Membership Agreement with the following updates: • General housekeeping language has been updated to match the current AMRRP Coverage Agreements • The name of our Loss Control Program has been changed to Risk Management Program to modernize the name and better reflect the goals of AMRRP. Appendix C has been revised to include the new Risk Management Program Agreement and now has links to Best Practices. • Electronic notice has been included in the new agreement to keep up with technology improvements and changes. • Members who choose to leave AMRRP will now have a three year waiting period should they decide to return to AMRRP. Many other pools in the country have chosen to do this to protect existing Members from funding claims for those who choose to leave for one time premium reductions from competitors as rates rise the following year. • Required language specific to A.R.S. §35- 393 has been added and has to do with parties engaged in a boycott of Israel. Please note: Appendix A is your AMRRP Municipal Liability and Property Coverage Agreements that you receive each year with your renewal, if applicable. Appendix B is your AMRRP Workers Compensation and Employers Liability Insurance Policy that you receive each year with your renewal, if applicable. Appendix C is your revised AMRRP Risk Management Program Agreement. This is attached. Please have the Membership Agreement signed by the appropriate person in your municipality, keep a copy and return the signed copy to Ed Bantel for our records. We are appreciative of your Membership and continued support of AMRRP! Kind Regards, Ed Bantel William Sims Marana Regular Council Meeting 03/20/2018 Page 20 of 91      Council-Regular Meeting   C2        Meeting Date:03/20/2018   To:Mayor and Council From:Frank Cassidy, Town Attorney Date:March 20, 2018 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2018-023: Relating to Floodplain Management; approving and authorizing the Mayor to sign the Cochie Canyon Levee Maintenance and Ingress-Egress Easement Agreement; and adopting the Operation and Maintenance Plan for the Cochie Canyon Levee (Frank Cassidy) Discussion: The developer of Dove Mountain is building the Cochie Canyon Levee to take certain Dove Mountain properties out of a FEMA special flood hazard area. A formal Letter of Map Revision will be issued when the levee is constructed and approved. For FEMA to recognize the levee as a permanent flood control feature, federal regulations require a governmental entity to adopt and carry out an operation and maintenance plan for the levee. The agreement presented for Council's consideration establishes a $25,000 cash reserve fund held by the Town to be used for the Town's costs associated with operation and maintenance of the levee. The Dove Mountain Community Association is required to pay the Town's annual invoice of all operation and maintenance costs for the levee, and must maintain the $25,000 minimum cash balance in the reserve fund, which is increased annually based on the Engineering News Record 20 City Construction Cost Index. In essence, the agreement assures permanent funding for the Town's operation and maintenance of the levee until the levee no longer serves the function of removing the affected land from the FEMA special flood hazard area. If that happens and the agreement is terminated, any remaining money in the reserve fund will be released to the Dove Mountain Community Association. To comply with federal requirements, the Town's operation and maintenance of the levee will need to comply with the operation and maintenance plan attached as Exhibit A to the levee agreement. The resolution approving and authorizing the signing of the Marana Regular Council Meeting 03/20/2018 Page 21 of 91 levee agreement also adopts the operation and maintenance plan for the levee and commits the Town to comply with it. This levee agreement is based on and operates the same way as the San Lucas Floodwall Agreement approved by Marana Resolution 2011-92. Staff Recommendation: Staff recommends adoption of Resolution No. 2018-023, approving and authorizing the Mayor to sign the Cochie Canyon Levee Maintenance and Ingress-Egress Easement Agreement; and adopting the Operation and Maintenance Plan for the Cochie Canyon Levee. Suggested Motion: I move to adopt Resolution No. 2018-023, approving and authorizing the Mayor to sign the Cochie Canyon Levee Maintenance and Ingress-Egress Easement Agreement; and adopting the Operation and Maintenance Plan for the Cochie Canyon Levee. Attachments Resolution No. 2018-023 Cochie Canyon Levee Agreement Marana Regular Council Meeting 03/20/2018 Page 22 of 91 00056380.DOCX /2 Marana Resolution No. 2018-023 - 1 - 3/7/2018 1:53 PM MARANA RESOLUTION NO. 201 8-023 RELATING TO FLOODPLAIN MANAGEMENT; APPRO VING AND AUTHORIZING THE MAYOR TO SIGN THE COCHIE CANYON LEVEE MAINTENANCE AND INGRESS-EGRESS EASEMENT AGREEMENT; AND ADOPTING THE OPERATION AND MAINTENANCE PLAN FOR THE COCHIE CANYON LEVEE WHEREAS the Federal Emergency Management Administration (“FEMA”) issued a Conditional Letter of Map Revision in September 2017 that commits FEMA to issue a final Letter of Map Revi sion removing certain land within Dove Mountain from the FEMA special flood hazard area upon the construction and approval of the Cochie Canyon Levee; and WHEREAS, for the Levee to be recognized as a permanent flood control feature, federal regulations re quire a governmental entity to adopt and carry out an operation and maintenance plan for the Levee ; and WHEREAS the proposed levee maintenance agreement requires the DOVE MOUNTAIN COMMUNITY ASSOCIATION, the homeowners’ association governing the Dove Mountain area, to fund the Town’s maintenance and repair obligations for as long as the levee is needed to keep the affected land area within Dove Mountain out of the FEMA special flood hazard area and grants the easements necessary for those maintenance and rep air activities to be accomplished; and WHEREAS the Mayor and Council find that the best interests of the Town of Marana and its citizens are served by the approval and execution of the Cochie Canyon Levee Maintenance and Ingress -Egress Easement Agreement NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: Section 1. The “Cochie Canyon Levee Maintenance and Ingress -Egress Easement Agreement” between and among the Town of Marana, DM Phase IV Investment, LLC, and the Dove Mountain Community Association in substantially the form included with the agenda backup material accompanying this resolution is hereby approved, the Mayor is hereby authorized and directed to execute it for and on behalf of the Town of Marana, and the Town’s Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the agreement . Marana Regular Council Meeting 03/20/2018 Page 23 of 91 00056380.DOCX /2 Marana Resolution No. 2018-023 - 2 - 3/7/2018 1:53 PM Section 2. The Town officially adopts the Operation and Maintenance Plan for the Cochie Canyon Levee attached as Exhibit A to the Cochie Canyon Levee Maintenance and Ingress-Egress Easement Agreement and incorporated here by this reference. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 20th day of March, 2018. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 03/20/2018 Page 24 of 91 COCHIE CANYON LEVEE MAINTENANCE AND INGRESS-EGRESS EASEMENT AGREEMENT THIS AGREEMENT is entered into by and between the TOWN OF MARANA, an Arizona municipal corporation (the "Town"), DM Phase IV Investment, LLC, an Arizona Limited Liability Company (the "Owner"), and THE DOVE MOUNTAIN COMMUNITY ASSOCIATION, an Arizona non-profit corporation (the "Association"). The Town, the Owner, and the Association are sometimes collectively referred to in this Agreement as the Parties, any one of which is sometimes individually referred to as a Party. RECITALS A. In September 2017, the Federal Emergency Management Administration ("FE- MA") issued a Conditional Letter of Map Revision ("CLOMR") which commits FEMA to issue a final Letter of Map Revision ("LOMR") that will remove land within the community known as Dove Mountain from the FEMA special flood hazard area upon, among other things, the construction and maintenance of the "Levee" identified in plans titled Private Drainage Improvement Plans for Cochie Canyon Levee dated 10/24/17 as prepared by Baker and Associates Engineering. B. For the Levee to be recognized as a permanent flood control feature, federal regu- lations require a governmental entity to adopt and carry out an operation and mainte- nance plan for the Levee. The Town's operation and maintenance obligations under the CLOMR are attached hereto as Exhibit A ("Operation and Maintenance Plan"). C. The Owner owns the land identified on Exhibit B as attached hereto (the "Levee Area") and the land identified on Exhibit C (the "Relocatable Levee Access Area") as attached hereto. The Parties desire to establish an easement over the Levee Area and to establish a relocatable access easement over the Relocatable Levee Access Area. D. The Town desires assurances that the Association will pay costs incurred for in- spection, maintenance and repair of the Levee in accordance with the Operation and Maintenance Plan ("Levee O&M Costs"). AGREEMENT Now, THEREFORE, based on the foregoing recitals, which are incorporated here as the intention of the Parties in entering into this Agreement, and in consideration of the terms of this Agreement, the Parties hereby agree as follows: 1. Construction and Ownership of the Levee. The Town code requires construction of the Levee prior to development of land that is to be removed from the special flood LEVEE AGREEMENT -1- Marana Regular Council Meeting 03/20/2018 Page 25 of 91 hazard area. On or before completion of the Levee, the Owner shall convey the prop- erty set forth in the Levee Area to the Association. 2. Establishment of the Reserve Fund. Prior to approval of the LOMR, the Owner shall pay to the Town the sum of Twenty Five Thousand Dollars ($25,000) ("Reserve Fund"). Commencing on the first anniversary after issuance of the LOMR and on each anniversary thereafter, the amount of the Reserve Fund shall increase by the amount of any increase in the Engineering News Record 20 City Construction Cost Index (or, if it ceases to be published, some comparable index mutually acceptable to the Par- ties). The Reserve Fund shall be used solely by the Town for Levee O&M Costs. On an annual basis, the Town shall provide the Association a statement itemizing costs in- curred by the Town for Levee O&M Costs and the Association shall reimburse such costs to the Town, and pay the Town any increase in the amount of the Reserve Fund resulting from an increase in the cost index described above. If the Reserve Fund is insufficient to cover the Levee O&M Costs incurred by the Town, then the Association shall promptly reimburse such overage. 3. Grant of Easement by the Owner. Subject to the terms and conditions set forth in this paragraph 3, the Owner, on its own behalf and on behalf of its successors and as- signs, hereby grants the Town: (i) an ingress-egress and maintenance easement over and across the Levee Area; and (ii) a relocatable ingress-egress and maintenance easement over the Relocatable Levee Access Area (collectively the "Easements"). The latter relocatable easement shall automatically terminate upon recordation of a subdi- vision plat that provides access for the Town to maintain the Levee. Town use of the Easements are subject to the following terms and conditions: A. The Easements are non-exclusive and solely for the inspection, maintenance and reconstruction of the Levee. B. The Town agrees to pay, defend, indemnify, and hold the Owner and The As- sociation and their successors and assigns, harmless from any liability, obligation, action, suit, judgment, fine, award, loss, claim, demand, or expense (including attor- neys' fees) arising from any act or omission of the Town, the Town's agents and em- ployees, and any independent contractor whose services are retained by the Town, in connection with any entry onto the Easements. C. Any work by the Town on the Levee shall be performed in a good and work- manlike manner. D. Promptly after the completion of work on the Levee, the Town shall return the underlying property to substantially the same condition as prior to the Town's en- try. E. Nothing in this Agreement shall be deemed to be a gift or dedication of any portion of the Easements, or any portion of it, to the general public, for the general public, or for any public use or purpose whatsoever, it being the intention and un- derstanding that the Easements shall be strictly limited to and for the purposes ex- pressed in this Agreement. LEVEE AGREEMENT -2- Marana Regular Council Meeting 03/20/2018 Page 26 of 91 4. The Town's Rights and Obligations. During the term of this Agreement, the Town shall: A. Inspect and maintain the Levee in accordance with the Levee Operation and Maintenance Plan and restore the underlying property as required by this Agree- ment, unless insurance proceeds are made available to the Town to pay for repairs in accordance with paragraph 6 below. B. Prepare and make available to FEMA upon request an annual inspection re- port for the Levee. C. Use the Reserve Fund to pay the Levee O&M Costs. 5. Term and Termination. Unless terminated by mutual agreement of the Parties, this Agreement shall remain in effect until the Levee no longer serves the function of removing residential land lying east of the Levee Area from the FEMA special flood hazard area. Upon termination of this Agreement, the Association shall assume sole responsibility for the Levee and any monies remaining in the Reserve Fund shall be paid to the Association. 6. Insurance. The Association may, at its expense, obtain insurance coverage for the Levee, any proceeds of which may, at the option of the Association, be used by the Town to pay for repairs to the Levee in lieu of utilizing the Reserve Fund. 7. Indemnification. A. The Owner shall indemnify, defend and hold harmless the Town, its depart- ments, officers, employees and agents from, for, and against any and all claims, suits, actions, legal proceedings, administrative proceedings, demands, losses or ex- penses, including reasonable attorney's fees, which are attributable to any negligent or intentional act or omission done in furtherance of the provisions of the Agree- ment of the Owner, its employees, agents, subcontractors, volunteers or anyone act- ing under the direction or control or on behalf of the Owner or anyone employed by them. B. The Association shall indemnify, defend and hold harmless the Town, its de- partments, officers, employees and agents from, for, and against any and all claims, suits, actions, legal proceedings, administrative proceedings, demands, losses or ex- penses, including reasonable attorney's fees, which are attributable to any negligent or intentional act or omission done in furtherance of the provisions of the Agree- ment of the Association, its employees, agents, subcontractors, volunteers or anyone acting under the direction or control or on behalf of the Association or anyone em- ployed by them. 8. Notices. All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested; to the following addresses: LEVEE AGREEMENT -3- Marana Regular Council Meeting 03/20/2018 Page 27 of 91 If to the Town, to: Town Engineer Town of Marana 11555 W. Civic Center Drive-Bldg A3 Marana AZ 85653 If to the Owner, to: DM Phase IV Investment, LLC 3567 E Sunrise Drive Suite 219 Tucson AZ 85718 If to The Association, to: Dove Mountain Community Association cj o Associa Management 6840 N. Oracle Road, Suite 130, Tucson, Arizona 85704 9. No Waiver of Strict Performance. The failure of the Parties to insist upon a strict performance of any of the agreements, terms, covenants and conditions of this Agreement shall not be deemed a waiver of any rights or remedies that the Parties may have and shall not be deemed a waiver of any subsequent breach or default in any of such agreements, terms, covenants and conditions. 10. Authority to Execute Agreement. The individuals executing this Agreement here- by represent that they have full right, power, and authority to execute this Agreement on behalf of their respective Party. 11. Entire Agreement. This Agreement constitutes the entire agreement and under- standing of the Parties pertaining to the subject matter of the Agreement and super- sedes all offers, negotiations, and other agreements of any kind. All prior and con- temporaneous agreements, representations and understandings of the Parties, oral or written, are superseded and merged in this Agreement. There are no representations or understandings of any kind not set forth in this Agreement. 12. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Arizona. 13. Exhibits. Exhibits attached to this Agreement shall be deemed to have been in- corporated in this Agreement by this reference with the same force and effect as if ful- ly set forth in the body of this Agreement 14. Recordation. This Agreement shall be recorded in its entirety in the official rec- ords of Pima County, Arizona. 15. Amendments. This Agreement shall not be amended except by a written agree- ment executed by all of the Parties and recorded in the official records of Pima Coun- ty, Arizona. 16. Force Majeure. Notwithstanding any other term, condition or provision of this Agreement to the contrary, if any Party to this Agreement is precluded from satisfying or fulfilling any duty or obligation imposed upon it due to labor strikes, material LEVEE AGREEMENT -4- Marana Regular Council Meeting 03/20/2018 Page 28 of 91 shortages, war, civil disturbances, weather conditions, natural disasters, acts of God, or other events beyond the control of that Party, the time period provided herein for the performance by that Party of such duty or obligation shall be extended for a peri- od equal to the delay occasioned by those events. 17. Attorneys' Fees. If any Party brings any civil action to enforce or terminate this Agreement or to recover damages for the breach of any of the provisions, covenants or terms of this Agreement on the part of another Party, the prevailing Party shall be en- titled to recover, in addition to any relief to which the prevailing Party may be enti- tled, all costs, expenses and reasonable attorneys' fees incurred in connection with the civil action. 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 counterparts may be removed from such counterparts and such signature pages all attached to a single instrument so that the signatures of all Parties may be physically attached to a single document. 19. Effective Date. This Agreement is effective when it has been fully executed on behalf of all of the Parties. 20. Transfer of the Owner's Interest. The Owner shall cease to be a Party, and all of the Owner's rights, liabilities and responsibilities under this Agreement shall be deemed transferred to and deemed assumed by the Association, when title to the Lev- ee Area is conveyed to the Association. 21. Conflict of Interest. This Agreement is subject to A.R.S. § 38-511, which provides for cancellation of contracts in certain instances involving conflicts of interest. LEVEE AGREEMENT -5- Marana Regular Council Meeting 03/20/2018 Page 29 of 91 IN WITNESS WHEREOF, the Parties have duly executed this instrument below. "MARANA" TOWN OF MARANA Ed Honea, Mayor Date: _____ _ ATTEST: Jocelyn Bronson, Town Clerk APPROVED As To FORM: Frank Cassidy, Town Attorney STATE OF ARIZONA ) ) The "OWNER" DM PHASE IV INVESTMENT, LLC, an Arizona limited liability company BY: DM ADMINISTRATION, INC., AN ARI- ZONA CORPORATION ITS: MANAGER ~~~ {/1/4~ By: William Hallinan as Vice President Date: 3 -2' -\ <6 "THE ASSOCIATION" THE DOVE MOUNTAIN COMMUNITY As- SOCIATION, an Arizona non-profit corpo- ration ~---- By William Hallinan as Secretary Date: 3 -<6 -18 County of Pima ) This instrument was acknowledged before me this ~ ~ day of ~~ , 2018 by William Hallinan as Vice President of DM Administration, Inc. an Arizona corporation, as Manager of DM Phase IV Investment LLC, an Arizona liability company on behalf of the company. (Notary t;ell,.,.,._..,....,..._....,..,......,...,.....,.~ ) County of Pima ) ~ This instrument was acknowledged before me this ]__ day of ~.ah.Jh.. , 2018 by William Hallinan, the Secretary of the DovE MOUNTAIN COMMUNITY ASSOCIATION, an Arizona non-profit corporation, on behalf of the corpora- tion. (Notarys~IL_ ................................... ____ ~V~~· · ~ ~ @), SHELLEY VIRGINIA NELSON ~ ~ ~ Notary Public. Arizona ~ otary ubhc ~ . Pima County ;p • • My Comm. Expires Sep 16, 2020 ....... lll""''lll""''lll""''ll""''lllll""''lll~"""'''l"""'''l""'''ilil'""'''ilii'._.:L~VEE AGREEMENT -6-Marana Regular Council Meeting 03/20/2018 Page 30 of 91 LIST OF EXHIBITS Exhibit A-Operation and Maintenance Plan Exhibit B-Legal Description of the Levee Area Exhibit C-Legal Description of the Relocatable Levee Access Area LEVEE AGREEMENT -6-Marana Regular Council Meeting 03/20/2018 Page 31 of 91 Exhibit A Operation and Maintenance Plan The Town shall conduct an annual inspection of the Levee and prepare an inspection report that will assess the items listed below. Additional inspections may be done at the discretion of the Town Engineer in response to a storm event. Inspection reports are also to be done by the Town after repairs are made to the Levee and the inspection reports are to be provided to the Associa- tion and kept on file at the Town Engineer's office. 1. Interior drainage. The interior or "landside" of levees is to be inspected for evidence of pond- ing and settling. Any erosion of the earthen fill slopes, which impacts the foundation of the levee, is considered a high maintenance priority. However, interior drainage flows away from this levee so ponding and settlement are not expected. 2. Aggradation and freeboard. Some watercourses may be susceptible to aggradation under certain flow conditions. The Town inspector will check the conditions of the channel to de- termine if surveys are needed to assess the need for the removal of excessive sediment. Under no circumstances should aggradation reduce the freeboard to a level which does not meet the requirements as outlined in the National Flood Insurance Program Regula- tions (44 CFR Ch. §65.10(b) (1)). 3. Erosion. Inspections will include observations of embankment erosion. Evidence of significant erosion at toe-downs or key-ins will be brought to the attention of the Town Engineer to de- termine if maintenance is warranted. 4. Degradation. The inspector will note any areas in which the invert of the channel appears to be significantly lower than the design invert. Any areas of significant degradation of the invert are to be brought to the attention of the Town Engineer to determine if maintenance is war- ranted. 5. Debris. Inspections are to monitor the amount of debris along the levees. Debris within a riverine system is to be expected. Not all debris is to be considered a maintenance issue. Any areas where significant accumulation of debris is identified shall be brought to the attention of the Town Engineer to determine if maintenance is warranted. 6. Foundation stability (slumping, rotation, settling). The inspector will examine the foun- dation of the levee for signs of slumping, rotation or settling. Any signs of significant foundation instability are to be brought to the attention of the Town Engineer to determine if maintenance is warranted. 7. Seepage. The "landside" of the levee is to be inspected for signs of seepage. Should seepage be identified, the Town Engineer will be notified to determine the proper course of action. 8. Access. Maintenance access ramps and gates to the levee will be inspected to ensure that they are clear and accessible. Damaged gates and ramps will be repaired. 9. Handrail. Damaged handrails will be repaired as required. 10. Vandalism. Vandalism will be reported to the Town of Marana Police Department. Van- dalism to sensitive drainage infrastructure such as flap gates will be investigated aggres- sively and significant damage repaired in a timely manner. Marana Regular Council Meeting 03/20/2018 Page 32 of 91 Marana Regular Council Meeting 03/20/2018 Page 33 of 91 Marana Regular Council Meeting 03/20/2018 Page 34 of 91 Marana Regular Council Meeting 03/20/2018 Page 35 of 91 Marana Regular Council Meeting 03/20/2018 Page 36 of 91 Marana Regular Council Meeting 03/20/2018 Page 37 of 91 Marana Regular Council Meeting 03/20/2018 Page 38 of 91 Marana Regular Council Meeting 03/20/2018 Page 39 of 91 Marana Regular Council Meeting 03/20/2018 Page 40 of 91      Council-Regular Meeting   C3        Meeting Date:03/20/2018   To:Mayor and Council Submitted For:Jocelyn C. Bronson, Town Clerk From:Suzanne Sutherland, Assistant to the Town Clerk Date:March 20, 2018 Subject:Approve Regular Council Meeting Minutes from March 6, 2018 (Jocelyn C. Bronson) Attachments Draft March 6, 2018 Regular Council Meeting Minutes Marana Regular Council Meeting 03/20/2018 Page 41 of 91 March 6, 2018 Regular Council Meeting Minutes 1 MARANA TOWN COUNCIL REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, March 6, 2018, at or after 7:00 PM Ed Honea, Mayor Jon Post, Vice Mayor David Bowen, Council Member Patti Comerford, Council Member Herb Kai, Council Member Carol McGorray, Council Member Roxanne Ziegler, Council Member REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL . Mayor Honea called the meeting to order at 7:00 p.m. Town Clerk Bronson called roll. All Council Members were present. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE. Led by Mayor Honea. APPROVAL OF AGENDA. Motion to approve by Council Member Bowen, second by Vice Mayor Post. Passed unanimously. CALL TO THE PUBLIC . Barry McCain, candidate for Legislative District 11, spoke regarding his interest in running for elected office as a clean election candidate . PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS . Mayor Honea reported on his meeting with Congressman O’Halleran regarding keeping a helicopter squadron at Pinal Air Park. He and Council Member Comerford attended Marana Regular Council Meeting 03/20/2018 Page 42 of 91 March 6, 2018 Regular Council Meeting Minutes 2 the Police awards at the Stardance Center last week. The Mayor and Mr . Mehta were invited to tour the CTE programs at Marana High School, one of which was in welding. He noted that the welding students built the deer art at the new Tangerine Sky Park. MANAGER’S REPORT: SUMMARY OF CURRENT EVENTS . Mr. Mehta announced that Founders’ Day is this Saturday , March 10. The Council Executive Report for February is available on the dais and online . He noted that between January and February of 2018 single family new starts are ahead of last year’s count by 20 new SFR’s. He further noted that there are five items on the Consent Agenda regarding the Procurement Code, specifically change orders relating to capital improvement projects within the town. If Council wishes to discuss any of these items in greater detail, they can be discussed as Action items. PRESENTATIONS CONSENT AGENDA. Motion to approve by Council Member Bowen, second by Council Member McGorray. Passed unanimously. C1 Resolution No. 2018-017: Relating to Police Department; authorizing the Chief of Police to apply for grant funding from the Governor’s Office of Highway Safety for the purchase of equipment and the funding of overtime for the Marana Police Department for fiscal year 2018-2019 (Rachel Whitaker) C2 Relating to Procurement; approving a change order to the Marana Public Safety Facility (PDFAC) project construction contract with CORE Construction, Inc. in the amount of $38,747.00; authorizing the transfer of appropriations if necessary for the change order; and authorizing the Town Manager or designee to execute the necessary documents to effectuate the change order (Keith Brann) C3 Relating to Procurement; approving a change order to the Ina Road Pavement Reconstruction proj ect (ST058) design contract with Dibble & Associates Consulting Engineers for the amount of $57,530.00; authorizing the transfer of appropriations if necessary for the change order; and authorizing the Town Manager or designee to execute the necessary docu ments to effectuate the change order (Keith Brann) C4 Relating to Procurement; ratifying the Town Manager's approval of a change order to the Marana Road Realignment project (ST044) construction contract with Pima Paving Inc. in the amount of $101,345.00; authorizing the transfer of appropriations if necessary for the change order; and authorizing the Town Manager or designee to execute the necessary documents to effectuate the change order (Keith Brann) C5 Relating to Procurement; approving the addition of $500,000 in expenditure authority to the Tangerine Sky Park (PK014) project for the addition of certain required hard structures; reducing expenditure authority of the San ta Cruz Shared Use Path - Marana Regular Council Meeting 03/20/2018 Page 43 of 91 March 6, 2018 Regular Council Meeting Minutes 3 Phase II (PK006) project in the amount of $300,000 and the Santa Cruz Shared Use Path - El Rio to Avra Valley (PK013) project in the amount of $200,000; and authorizing the Town Manager or designee to execute any necessary documen ts to effectuate the addition to the expenditure authority for the Tangerine Sky Park (Keith Brann) C6 Resolution No. 2018 -018: Relating to Intergovernmental Relations; approving and authorizing the Mayor to execute an Intergovernmental Agreement between the Town of Marana, Northwest Fire District and Marana Unified School District No. 6 for development review and inspection, facility use and general cooperation (Jane Fairall) C7 Resolution No. 2018-019: Relating to Administration; approving the transfe r of up to $350,000 in budgeted expenditure authority from the General Fund contingency line item in the fiscal year 2017 -2018 budget to the Downtown Marana Reinvestment Fund construction line item for the hard scape and related landscaping of the newly constructed roundabout at Marana Main Street and Sandario Road (Erik Montague) C8 Resolution No. 2018-020: Relating to Municipal Court; approving and authorizing the Mayor to execute an intergovernmental agreement between the Town of Marana and Pima County for provision of video -court hearings of municipal prisoners for 2018-2019 (Laine Sklar) C9 Resolution No. 2018-021: Relating to Public Works; approving and authorizing the Town Manager to sign a Settlement Agreement and the Town Engineer to sign all other documentation necessary for the purchase of property rights needed from the Arizona District Council of the Assemblies of God for Town of Marana Project No. ST021 Tangerine Corridor/Tangerine Road, Twin Peaks to La Cañada Drive (Frank Cassidy) C10 Approval of Study Session Meeting Minutes and Regular Council Meeting Minutes from February 20, 2018 (Jocelyn C. Bronson) LIQUOR LICENSES L1 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a location transfer series 9 Liquor Store liquor license application submitted by Kim Kenneth Kwiatkowski on behalf of Circle K Store #3496, located at 5725 W. Ina Road, Tucson, Arizona 85743 (Jocelyn C. Bronson). Ms. Bronson noted that this application had been properly posted, reviewed by staff, and that no protests had been received. Staff recommends approval. Motion to approve by Council Member Bowen, second by Council Member Ziegler. Passed unanimously. L2 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a special event liquor license application submitted by Sharon Loraine Nelson on behalf of Sunflower Vintage Gardeners to be Marana Regular Council Meeting 03/20/2018 Page 44 of 91 March 6, 2018 Regular Council Meeting Minutes 4 held on March 18, 2018 (Jocely n C. Bronson). Ms. Bronson indicated that this application was properly submitted, reviewed by staff and recommended for Council approval. Motion to approve by Council Member Bowen, second by Council Member Ziegler. Passed unanimously. BOARDS, COMMISS IONS AND COMMITTEES COUNCIL ACTION A1 PUBLIC HEARING: Ordinance No. 2018.006: Relating to Development; amending the Gladden Farms II Specific Plan to revise the land use designation of Block 35 from Single Family Detached 8 (SFD-8) to Single Family Detached 6 (SFD-6) with an average lot size of at least 6,600 square feet; to revise the land use designation of Block 34 from Commercial (C) to Transitional Zone (TR); to reduce the size of Block 32 from 8.8 acres to six acres and incorporate the excess a creage into Blocks 31 and 33 with their currently approved SFD-6 land use designation; and to revise the collector roadway network to realign the eastern half of Mike Etter Boulevard and eliminate Pacheco Farms Road (Steven Vasquez). Mayor Honea opened the public hearing. Jason Angell presented this item to Council, noting that the item is a continuation of the meeting on February 20, 2018, at which time the Council asked for additional time for staff to address their questions related to the proposed amendments. He then highlighted the four requested amendments that are being requested by the developer, three of which remain the same from the February 20th meeting and one that has been altered since then. The first is the land use designation in Block 34, changing that designation from Commercial to Transitional Zoning. The second requested change is revising the land use designation in Block 35 from Single Family Detached 8 to Single Family Detached 6, which has a minimum lot size of 6,600 square feet. But the developer, through this requested amendment, has guaranteed that the average lot size in this area would not be less than 6,600 square feet. Another requested amendment is to revise the collector network to realign Mike Etter Boulevard. The las t requested change is to the private or HOA park in Block 32, reducing it from the proposed 8.8 acres to six acres. In exchange for this reduction, the developer has agreed to install lighted soccer facilities in Heritage River Park before the 400th single family home permit is issued or within two years, whichever comes first. All of these changes would need to be included into a revised development agreement which staff will bring forward should Council wish to proceed with these requested amendments. If the Council were to find these amendments acceptable and wish to proceed, staff has drafted an ordinance and included it in the Council packet. He noted that the developer was in the audience and available to address questions. Mayor Honea asked for spe akers from the audience. Hearing none, he closed the public hearing. Motion to approve by Vice Mayor Post, second by Council Member Ziegler. Passed unanimously. Marana Regular Council Meeting 03/20/2018 Page 45 of 91 March 6, 2018 Regular Council Meeting Minutes 5 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 (Jamsheed Mehta). Mr. Mehta noted that the Council receives legislative upd ates on a regular basis. He then reported on three bills of significance that the town has been following, which are HB 2325. The town opposes this bill. It is not moving, and it may not. SB 1147 relates to county excise tax. This bill is moving through the legislature and it might pass, and the town opposes in its current form. It is being proposed as a transportation plan bill, and we are hoping it stays that way. Passage of this bill could mean a loss of $48M to cities and towns. The third bill relates to transaction privilege tax (TPT) on digital goods and services. Passage of this bill could mean a loss of $48M to cities and towns. Along with the League and several school districts, t he town also oppo ses this bill. 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. The Mayor asked for a motion to go into executive session at 7:2 4 p.m. on items E2, E3 and E4. Motion to approve by Council Member Bowen, second by Council Member Comerford. Passed unanimously. Council returned to the dais at 8:0 5 p.m. 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 to consider the Town’s position and instruct the Town’s attorneys regarding the proposed settlement of Town of Marana v. Watson, Pima County Superior Court case number C20161543, a Tangerine Corridor right-of-way condemnation case. Motion to authorize settlement in the amount of $180K for just compensation and statutory fees by Vice Mayor Post, second by Council Member Bowen. Passed unanimously. E3 Executive session pursuant to A.R.S. § 38-431.03(A)(3) & (7) for legal advice with the Town’s attorneys regarding the Adonis Mobile Home Park wastewater conveyance system and ponds and to instruct Town staff about negotiations for possible acquisition thereof. Motion to authorize staff to proceed in a manner consistent with the discussion in executive session by Vice Mayor Post, second by Council Member Bowen. Passed unanimously. Marana Regular Council Meeting 03/20/2018 Page 46 of 91 March 6, 2018 Regular Council Meeting Minutes 6 E4 Executive session pursuant to A.R.S. § 38 -431.03(A)(4) for discussion or consultation to consi der the Town’s position and instruct the Town’s attorneys regarding the proposed settlement of Town of Oro Valley v. Corona NW Associates I Limited Partnership, Pima County Superior Court case number C20164057, a Tangerine Corridor right-of-way condemnatio n case. Motion to authorize settlement in the amount of $171,052 for just compensation and statutory fees by Vice Mayor Post, second by Council Member Bowen. Passed unanimously. 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 CERTIFICATION I hereby certify that the foregoing are the true and correct mi nutes of the Marana Town Council meeting held on March 6, 2018. I further certify that a quorum was present. _______________________________________ Jocelyn C. Bronson, Marana Town Clerk Marana Regular Council Meeting 03/20/2018 Page 47 of 91      Council-Regular Meeting   L1        Meeting Date:03/20/2018   To:Mayor and Council Submitted For:Jocelyn C. Bronson, Town Clerk From:Nolette Hernandez, Records Clerk Date:March 20, 2018 Subject:Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a person transfer and location transfer series #7 Beer and Wine Bar liquor license application submitted by Thomas Robert Aguilera on behalf of Casa CBW, LLC, located at 8225 N. Courtney Page Way Ste #191, Tucson, Arizona 85743. Discussion: This application is for a series #7 Beer and Wine Bar liquor license at Casa CBW, LLC, 8225 N. Courtney Page Way Ste #191 Tucson, Arizona 85743.    Pursuant to state law, the application was posted at the premises where the business is to be conducted.  The posted notice provided that residents within a one mile radius from the premises may file written arguments in favor of or opposed to the issuance of the license with the Town Clerk’s Office within 20 days of the posting.  Any written arguments received by the Clerk’s Office for or against the proposed liquor license are attached to this item and will be submitted to the Department of Liquor Licenses and Control (DLLC).   Town staff has reviewed this application to determine whether the applicant is in compliance with zoning, building and other legal requirements for the business.  Additionally, the Marana Police Department has conducted a local background check.    The Town Council must enter an order recommending approval or disapproval of the application within 60 days after filing of the application.  Pursuant to state statute, a license will only be issued after a satisfactory showing of the capability, qualifications and reliability of the applicant and “in all proceedings before the town council, the Marana Regular Council Meeting 03/20/2018 Page 48 of 91 applicant bears the burden of showing that the public convenience requires and that the best interests of the community will be substantially served by the issuance of a license.”   If the Council’s recommendation is for disapproval, the order must include an attachment stating the specific reasons for the recommendation of disapproval and including a summary of the testimony or other evidence supporting the recommendation.   If the Council enters an order recommending approval of the application, or makes no recommendation, then no hearing before the Arizona state liquor board will take place, unless the director of the DLLC, the liquor board or a resident within a one mile radius from the premises requests a hearing.  If the Council enters an order recommending disapproval of the application, or if the director, board or a resident within a one mile radius from the premises requests a hearing, then the state board will hold a hearing regarding the application.   At the hearing, the state board will consider all evidence and testimony in favor of or opposed to the granting of the license.  The decision of the board to either grant or deny an application will normally take place within 105 days after the application has been filed, unless the director of the DLLC deems it necessary to extend the time period. Staff Recommendation: Staff recommends that an order recommending approval be submitted to the DLLC for this liquor license application. Suggested Motion: OPTION 1:     I move to adopt and submit to the DLLC an order recommending approval of a person transfer and location transfer series #7 Beer and Wine Bar liquor license application submitted by Thomas Robert Aguilera on behalf of Casa CBW, LLC, located at 8225 N. Courtney Page Way Ste #191, Tucson, Arizona 85743.   OPTION 2:     I move to adopt and submit to the DLLC an order recommending disapproval of a person transfer and location transfer series #7 Beer and Wine Bar liquor license application submitted by Thomas Robert Aguilera on behalf of Casa CBW, LLC, located at 8225 N. Courtney Page Way Ste #191, Tucson, Arizona 85743. Attachments Application Affidavit of Posting Local Governing Body Recommendation Description of Common LL Types Marana Regular Council Meeting 03/20/2018 Page 49 of 91 Marana Regular Council Meeting 03/20/2018 Page 50 of 91 Marana Regular Council Meeting 03/20/2018 Page 51 of 91 Marana Regular Council Meeting 03/20/2018 Page 52 of 91 Marana Regular Council Meeting 03/20/2018 Page 53 of 91 Marana Regular Council Meeting 03/20/2018 Page 54 of 91 Marana Regular Council Meeting 03/20/2018 Page 55 of 91 Marana Regular Council Meeting 03/20/2018 Page 56 of 91 Marana Regular Council Meeting 03/20/2018 Page 57 of 91 Marana Regular Council Meeting 03/20/2018 Page 58 of 91 Arizona Department of Liquor Licenses and Control 800 W Washington 5th Floor Phoenix, AZ 85007-2934 www.azliquor.gov (602) 542-5141 Local Governing Body Recommendation A.R.S. § 4-201(C) 1. City or Town of: __________________________________________ Liquor License Application #:_______________________________ (Circle one) (Arizona application #) 2. County of: _______________________________________________ City/Town/County #: ______________________________________ 3. If licensed establishment will operate within an “entertainment district” as described in A.R.S. §4-207(D)(2), ______________________________________________________ ______________________________________________________ (Name of entertainment district) (Date of resolution to create the entertainment district) A boundary map of entertainment district must be attached. 4. The ___________________________________ at a ________________________________ meeting held on the __________________ of (Governing body) (Regular or special) (Day) _____________________, ____________ considered the application of _______________________________________________________ (Month) (Year) (Name of applicant) for a license to sell spirituous liquor at the premises described in application ______________________________________________, (Arizona liquor license application #) for the license series #: type ________________________________________________________________ as provided by A.R.S §4-201. (i.e.: series #10: beer & wine store) ORDER OF APPROVAL/DISAPPROVAL IT IS THEREFORE ORDERED that the license APPLICATION OF __________________________________________________ (Name of applicant) to sell spirituous liquor of the class and in the manner designated in the application, is hereby recommended for _____________________________________________________. (Approval, disapproval, or no recommendation) TRANSMISSION OF ORDER TO STATE IT IS FURTHER ORDERED that a certified copy of this order be immediately transmitted to the State Department of Liquor, License Division, 800 W Washington, 5th Floor, Phoenix, Arizona. Dated at _______________________ on ________________, _________________, __________. (Location) (Day) (Month) (Year) ____________________________________________ ___________________________________________ (Printed name of city, town or county clerk) (Signature of city, town or county clerk) 9/29/2015 Page 1 of 1 Individuals requiring ADA accommodations please call (602)542-9027 Marana Regular Council Meeting 03/20/2018 Page 59 of 91 Department of Liquor Licenses and Con trol Descriptions of Common Types of Liquor Licenses {00018233.DOC / 2} Series 6 Bar The bar (series 6) liquor license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, this liquor license is transferable from person to person and/or location to location within the same county and allows the holder both on- & off-sale retail privileges. This license allows a bar retailer to sell and serve all types of spirituous liquors, primarily by individual portions, to be consumed on the premises and in the original container for consumption on or off the premises. A retailer with off-sale ("To Go") privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. A.R.S. § 4 -206.01.F. states that after January 1, 2011, the off-sale privileges associated with a bar license shall be limited to no more than 30% of the total annual sales receipts of liquor by the licensee at that location. Payment must be made no later than the time of delivery. Off-sale ("To Go") package sales of spirituous liquor can be made on the bar premises as long as the area of off-sale operation does not utilize a separate entrance and exit from the ones provided for the bar. A hotel or motel with a Series 6 li cense may sell spirituous liquor in sealed containers in individual portions to its registered guests at any time by means of a minibar located in the guest rooms of registered guests. The registered guest must be at least twenty -one (21) years of age. Access to the minibar is by a key or magnetic card device and not furnished to a guest between the hours of 2:00 a.m. and 6:00 a.m. Series 7 Beer and Wine Bar The beer and wine bar (series 7) liquor license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, this liquor license is transferable from person to person and/or location to location within the same county and allows the holder both on - & off-sale retail privileges. This license allows a beer and wine bar retailer to sell and serve beer and wine (no other spirituous liquors), primarily by individual portions, to be consumed on the premises and in the original container for consumption on or off the premises. A retailer with off - sale ("To Go") privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. A.R.S. § 4-206.01.F. states that after January 1, 2011, the off- sale privileges associated with a bar license shall be limited to no more than 30% of the total annual sales receipts of liquor by the licensee at that location. Off -sale ("To Go") package sales can be made on the bar premises as long as the area of off -sale operation does not utilize a separate entrance and exit from the one provide d for the bar. Payment must be made no later than the time of delivery. Marana Regular Council Meeting 03/20/2018 Page 60 of 91 Department of Liquor Licenses and Con trol Descriptions of Common Types of Liquor Licenses {00018233.DOC / 2} Series 9 Liquor Store The liquor store (series 9) license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, thi s liquor license is transferable from person to person and/or location to location within the same county and allows a spirituous liquor store retailer to sell all types of spirituous liquors, only in the original unbroken package, to be taken away from th e premises of the retailer and consumed off the premises. A retailer with off -sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery. Series 9 (li quor store) licensees and applicants may apply for unlimited sampling privileges by completing the Sampling Privileges form. Series 10 Beer and Wine Store This non-transferable, off-sale retail privileges liquor license allows a retail store to sell beer and wine (no other spirituous liquors), only in the original unbroken package, to be taken away from the premises of the retailer and consumed off the premises. A retailer with off-sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery. Series 10 (beer and wine store) licensees and applicants may apply for unlimited sampling privileges by completing the Sampling Privileges form. Series 11 Hotel/Motel This non-transferable, on-sale retail privileges liquor license allows the holder of a hotel/motel license to sell and serve all types of spirituous liquor solely for consumption on the premises of a hotel or motel that has a restaurant where food is served on the premises. The restaurant on the licensed premises must derive at least forty percent (40%) of its gross revenue from the sale of food. The holder of this license may sell spirituous liquor in sealed containers in individual portions to its regi stered guests at any time by means of a minibar located in the guest rooms of registered guests. The registered guest must be at least twenty -one (21) years of age. Access to the minibar is provided by a key or magnetic card device and may not be furnished to a guest between the hours of 2:00 a.m. and 6:00 a.m. Series 12 Restaurant This non-transferable, on-sale retail privileges liquor license allows the holder of a restaurant license to sell and serve all types of spirituous liquor solely for consumption on the premises of an establishment which derives at least forty percent (40%) of its gross revenue from the sale of food. Failure to meet the 40% food requirement may result in revocation of the license. Marana Regular Council Meeting 03/20/2018 Page 61 of 91      Council-Regular Meeting   B1        Meeting Date:03/20/2018   To:Mayor and Council From:Jocelyn C. Bronson, Town Clerk Date:March 20, 2018 Strategic Plan Focus Area: Community Strategic Plan Focus Area Additional Info: Principle Statement 2: We will approach citizen engagement in unique and creative ways. Subject:Resolution No. 2018-024:  Relating to Boards, Commissions and Committees; making appointments to the Board of Adjustment (Jocelyn C. Bronson) Discussion: The terms of Board of Adjustment Members John McIntyre, Thomas Hochard, Angie Grandison and Phyllis Farenga expired on February 28, 2018.  Following the procedure set forth in Town Code section 2-6-2, applications were solicited for the Board positions.  Only John McIntyre submitted an application for re-appointment. In addition to Mr. McIntyre's application, applications were received from Carolyn Jacobi, Matthew Cawley and Sheldon Feldman. Board of Adjustment appointments are governed by Marana Land Development Code section 17-2-2, which provides that members of the Board are appointed to serve terms of four years.  Vacancies on the Board of Adjustment are filled by a majority vote of the Town Council. On February 28, 2018,Town Attorney Frank Cassidy sent a letter to the Council Committee for Appointments to the Planning Commission and Board of Adjustment, asking if any member desired to interview the four candidates for the four open positions prior to taking the applications to Council for approval.  No request was made, and staff is forwarding all four applications to Council for review.  Marana Regular Council Meeting 03/20/2018 Page 62 of 91 At tonight's meeting, the Town Council may do one or more of the following: 1.  Interview one of more applicants, either in public or in an executive session scheduled for that purpose; 2.  Make one or more appointments; 3.  Order the solicitation of additional applications; or 4.  Take any other action it deems appropriate. Staff Recommendation: Council's pleasure. Suggested Motion: I move to adopt Resolution No. 2018-024, appointing John McIntyre, Carolyn Jacobi, Matthew Cawley and Sheldon Feldman to the Board of Adjustment for terms expiring February 28, 2022. Attachments Resolution No. 2018-024 Application - Matthew Cawley Application - Sheldon Feldman Application - Carolyn Jacobi Application - John McIntyre Marana Regular Council Meeting 03/20/2018 Page 63 of 91 Marana Resolution No. 2018-024 MARANA RESOLUTION NO. 2018-024 RELATING TO BOARDS, COMMISSIONS AND COMMITTEES; MAKING APPOINTMENTS TO THE BOARD OF ADJUSTMENT WHEREAS Marana Land Development Code Section 17-2-2 establishes the procedure for making appointments to the Board of Adjustment and sets the term for each Board member at four years; and WHEREAS the terms of four members of the Board of Adjustment expire d on February 28, 2018; and WHEREAS the Mayor and Council have reviewed applications for the vacancies ; and WHEREAS the Mayor and Council find that the appointments addressed by this resolution are in the best interest of the Town and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that John McIntyre, Carolyn Jacobi, Matthew Cawley, and Sheldon Feldman are hereby appointed to the Board of Adjustment with terms expiring February 28, 2022. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 20th day of March, 2018. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 03/20/2018 Page 64 of 91 Board and Commission Application Town of Marana Submitted On: January 30th, 2018 @ 3:45pm Board or Commission Board of Adjustment Please upload your resume here. First Name Matthew Last Name Cawley Email Full Address How many years have you lived at this address? 11.5 How many years have you lived in Marana? 11.5 Phone Number (Daytime) Phone Number (cell or home) Occupation Civil Engineer - Land Development Employer WestLand Resources What is your vision for the Town?Marana should be a clean, safe and family friendly community. Growth should be allowed to expand the tax base and to provide employment and service opportunities for Marana residents. Residential and commercial developments should be high quality so as to enhance the overall quality of life. Open space should be preserved and developed to allow for local outdoor recreation opportunities. What are some of the most important concerns or issues that you think the Town will have to face in the next 5 - 10 years? Transportation/infrastructure. Both the City of Tucson and Pima County are facing the reality/results of delaying maintenance of aging infrastructure. Adequate water rights to support continued growth. Maintaining a family friendly community while growing in size and sophistication. What do you see as the Town's best asset to bring visitors and new residents to the Town? Development friendly. Well kept infrastructure. Community building activities. Please explain your professional background I hold a bachelor's and a master's degree in civil engineering from Brigham Young University. I have worked in the field of Land Development as a professional civil engineer for 17+ years. I have lived and worked in Phoenix for 5 years and have lived and worked in southern Arizona for 12 years. I have worked on single family residential subdivisions, master planned communities, multi-family residential developments, health care campuses and industrial sites all over the State of Arizona. Marana Regular Council Meeting 03/20/2018 Page 65 of 91 Describe your experience working with a Council-appointed board or commission I have made several presentations to Planning and Zoning Commissions and City Councils/County Boards of Commission in support of projects that I have designed or managed. I have never served on an appointed board or commission. Describe a time when you had to stand firm and make a tough or unpopular decision As a Scoutmaster of a local Boy Scout Troop, it was my responsibility to lead and guide the members of the Troop as they executed the program. Several of the parents of the boys that participated in my Troop wanted to have me run a program where the boys would advance quickly through their rank advancements. They preferred that their boys would be passed off on requirements if they were in attendance when something was taught, vs. showing that they had achieved a certain measure of competence. I felt that it was a disservice to the scouts, and to the scouting program to simply rubberstamp a scout through the rank advancements. Several parents were vocally displeased with my approach. I didn't back down and successfully ran the program for over 5 years. Over my tenure, several of the scouts achieved the rank of Eagle Scout. While it required more effort on their part, they benefited from the work and were substantially more capable for the expended effort. If appointed by the Council you will be representing all of the Town of Marana in your decisions. Describe how you will maintain your objectivity in making decisions for locations other than your own residence. Codes and regulations are developed over extended periods of time with substantial effort and stakeholder input. Development should meet the written code and regulations to the greatest degree practicable. Extenuating circumstances some times warrant a common sense approach. Town staff is tasked with working with developers and residents to find solutions within the bounds of the regulations. In my experience, the recommendations of staff generally offer that common sense approach when required. As a development engineer, I am by nature development friendly and I understand how difficult it is to do everything by the book. At the same time, I am a 12 year resident of Marana. Marana is my home and I enjoy the quality of life that living in Marana offers. I would like to participate in making sure that development decisions are made in the best interest of Marana and it's residents. Full Name Bruce Larson Full Address Relationship Supervisor Phone Number Full Name Dwayne Morse Full Address Relationship Friend, Leader of Religious Congregation Phone Number Phone Number Name of Business WestLand Resources Person with Interest NoneMarana Regular Council Meeting 03/20/2018 Page 66 of 91 Type of Interest None Additional Information I am an employee and a minor stock holder in WestLand Resources. I hold less than 3% ownership, so I should be okay per the paragraph above. The percentage of income from stock dividends is variable and unknown. It isn't believed that I would exceed 5% in a given year. I am willing to recuse myself from decisions where WestLand Resources is the applicant if desired by the Town. Have any of the above businesses conducted any business (e.g. supplier of goods or services, contractor, consultant) with the Town of Marana in the past 24 months? Yes If Yes, please explain Are you, a relative, or any member of your household an employee of the Town of Marana? No If Yes, please explain List by name any compensated lobbyist with whom you, or a relative, or a member of your household shares any direct economic interest such as a partnership, joint venture or similar business relationship.a? None Signature Data First Name: Matthew Last Name: Cawley Email Address: Signed at: 01/30/2018 03:44PM Full Date 1 30 2018 Marana Regular Council Meeting 03/20/2018 Page 67 of 91 Board and Commission Application Town of Marana Submitted On: January 21st, 2018 @ 1:50pm Board or Commission Board of Adjustment Please upload your resume here. First Name SHELDON Last Name FELDMAN Email Full Address How many years have you lived at this address? 11 YEARS How many years have you lived in Marana? 11 YEARS Phone Number (Daytime) Phone Number (cell or home) Occupation RETIRED Employer RETIRED What is your vision for the Town?MARANA SHOULD HAVE A BALANCED DEVELOPMENT. IT SHOULD ATTRACT INDUSTRY THAT CREATES JOBS AND RESPECTS OUR UNIQUE ENVIRONMENT. What are some of the most important concerns or issues that you think the Town will have to face in the next 5 - 10 years? SCHOOLS AND OUR ENVIRONMENT, TO OFFER THE BEST SCHOOLS SO THAT RESIDENTS CAN WATCH THEIR CHILDREN GROW TO BE THE BEST THEY CAN BE. What do you see as the Town's best asset to bring visitors and new residents to the Town? SCHOOLS AND ENVIRONMENT THAT BOTH ENCOURAGE GROWTH. A CLEAN PLACE TO LIVE. Please explain your professional background I SOLD AND RENTED OFFICE SPACE TO MAJOR COMPANIES AND HAVE DEALT WITH ALL TYPES OF PEOPLE ON A HUMAN LEVEL. I AM A VIET-NAM VETERAN AND HAVING THE UNDERSTANDING F HUMAN LIFE MADE ME A BETTER PERSON Describe your experience working with a Council-appointed board or commission ON THE BOARD OF THE Y I INTERACTED WITH PEOPLE THAT HAD DIFFERENT IDEAS ON HOW THE Y SHOULD RUN AND CAME TO A CONSENSUS Describe a time when you had to stand firm and make a tough or unpopular decision ON THE BOARD F THE Y FUNDING WAS ALWAYS AN ISSUE. CONSENSUS.AS A FATHER ONE MAKES DECISIONS THAT SOMETIME GOES AGAINST THE GRAIN OF THE CHILD. Marana Regular Council Meeting 03/20/2018 Page 68 of 91 If appointed by the Council you will be representing all of the Town of Marana in your decisions. Describe how you will maintain your objectivity in making decisions for locations other than your own residence. ONE AWAYS HAS TO YAKE TEN STEPS BACK AND LOOK AT THE DECISION WITH A DIFFERENT PERSPECTIVE. Full Name BARBARA GARE Full Address Relationship FRIEND Phone Number Full Name AMANDA CLAVELOUX Full Address Relationship DAUGHTER Phone Number Phone Number Name of Business NONE Person with Interest NONE Type of Interest NNE Additional Information Have any of the above businesses conducted any business (e.g. supplier of goods or services, contractor, consultant) with the Town of Marana in the past 24 months? No If Yes, please explain Are you, a relative, or any member of your household an employee of the Town of Marana? No If Yes, please explain Marana Regular Council Meeting 03/20/2018 Page 69 of 91 List by name any compensated lobbyist with whom you, or a relative, or a member of your household shares any direct economic interest such as a partnership, joint venture or similar business relationship.a? NONE Signature Data First Name: SHELDON Last Name: FELDMAN Email Address: Signed at: 01/21/2018 01:46PM Full Date 1 21 2018 Marana Regular Council Meeting 03/20/2018 Page 70 of 91 Board and Commission Application Town of Marana Submitted On: January 30th, 2018 @ 3:51pm Board or Commission Board of Adjustment Please upload your resume here. First Name CAROLYN Last Name JACOBI Email Full Address How many years have you lived at this address? 17 How many years have you lived in Marana? 17 Phone Number (Daytime) Phone Number (cell or home) Occupation retired Employer N/A What is your vision for the Town?Uphold the history but look towards the future by building green homes and facilities. Using up to date fixtures such as tankless water heaters. What are some of the most important concerns or issues that you think the Town will have to face in the next 5 - 10 years? One concern is not enough housing for seniors - independent living through nursing care. Water conservation. What do you see as the Town's best asset to bring visitors and new residents to the Town? Outdoor activities. Close proximity to Tucson for sprting events, theater and museums. Please explain your professional background I spent most of my career in many positions in the medical field. First as a Medical Tech, then as a medical equipment designer then as an equipment installer and trainer. After receiving a Masters in Training and Development I spent several years writing e-learning programs for several corporations, and Pima Community College. Describe your experience working with a Council-appointed board or commission I have no direct experience working with councils or commissions, but have experience working with Board of Directors and Administrators of Medical Facilities. Describe a time when you had to stand firm and make a tough or unpopular decision At one point I helped the medical lab staff unionize to enable the workers to get a fair wage, medical coverage and paid time off. Marana Regular Council Meeting 03/20/2018 Page 71 of 91 If appointed by the Council you will be representing all of the Town of Marana in your decisions. Describe how you will maintain your objectivity in making decisions for locations other than your own residence. Listen to all sides of an issue and take into account the Town Zoning and Planning rules and regulations. Full Name Lisa Shafer Full Address Relationship previous supervisor Phone Number Full Name Cynthia Ross Full Address Relationship previous co-worker Phone Number Phone Number Name of Business N/A Person with Interest N/A Type of Interest N/A Additional Information Have any of the above businesses conducted any business (e.g. supplier of goods or services, contractor, consultant) with the Town of Marana in the past 24 months? No If Yes, please explain Are you, a relative, or any member of your household an employee of the Town of Marana? No If Yes, please explain Marana Regular Council Meeting 03/20/2018 Page 72 of 91 List by name any compensated lobbyist with whom you, or a relative, or a member of your household shares any direct economic interest such as a partnership, joint venture or similar business relationship.a? N/A Signature Data First Name: Carolyn Last Name: Jacobi Email Address: Signed at: 01/30/2018 03:50PM Full Date 1 30 2018 Marana Regular Council Meeting 03/20/2018 Page 73 of 91 Board and Commission Application Town of Marana Submitted On: January 24th, 2018 @ 11:24pm Board or Commission Board of Adjustment Please upload your resume here. Please upload any other documentation here. First Name John P. Last Name Mc Intyre Email Full Address How many years have you lived at this address? 10 How many years have you lived in Marana? 16 Phone Number (Daytime) Phone Number (cell or home) Occupation Retired Employer Retired What is your vision for the Town?My hope is that the Town will continue to enjoy the professional business, commercial and residential developmental growth and to continue to make Marana the greatest place to live & work in southern Arizonia. What are some of the most important concerns or issues that you think the Town will have to face in the next 5 - 10 years? Communication with our current residents. So that the residents, town staff, developers & present & furture companies are working together to make the Town of Marana the best possible place to be in Arizonia. What do you see as the Town's best asset to bring visitors and new residents to the Town? Marana's professional staffs & its citizens and how they all work together to keep promoting all of Marana. Our future visitors and new residents are greatly influenced by the extra personal efforts that all of us to do to keep Marana Number #1 Please explain your professional background I have been in executive positions & professional management for over 35 years. I am presently on several boards and financial committees assisting them with the current economic conditions & solutions. Describe your experience working with a Council-appointed board or commission Very professional & rewarding. It is great to experience such community involvement & governmental agency interaction. Marana Regular Council Meeting 03/20/2018 Page 74 of 91 Describe a time when you had to stand firm and make a tough or unpopular decision I am presently on several chartiable & business boards and every month we have to make decisions which will alter the daily & future lives of our most needy citizens and residents. If appointed by the Council you will be representing all of the Town of Marana in your decisions. Describe how you will maintain your objectivity in making decisions for locations other than your own residence. I believe that everyone should actively participate in Marana's development and should be ready to "serve" our Town in whatever way that benefits ALL of us. We need to volunteer our services for the future of all of Marana to keep it the greatest place to live & work in. Full Name Christopher Oben Full Address Relationship Personal & Professional Friend Phone Number Full Name Don Duncan Full Address Relationship Personal & Professional Friend Phone Number Phone Number Name of Business N/A Person with Interest N/A Type of Interest N/A Additional Information Have any of the above businesses conducted any business (e.g. supplier of goods or services, contractor, consultant) with the Town of Marana in the past 24 months? No If Yes, please explain Are you, a relative, or any member of your household an employee of the Town of Marana? No Marana Regular Council Meeting 03/20/2018 Page 75 of 91 If Yes, please explain List by name any compensated lobbyist with whom you, or a relative, or a member of your household shares any direct economic interest such as a partnership, joint venture or similar business relationship.a? N/A Signature Data First Name: John P. Last Name: Mc Intyre Email Address: Signed at: 01/24/2018 11:18PM Full Date 1 24 2018 Marana Regular Council Meeting 03/20/2018 Page 76 of 91      Council-Regular Meeting   A1        Meeting Date:03/20/2018   To:Mayor and Council From:Jane Fairall, Deputy Town Attorney Date:March 20, 2018 Strategic Plan Focus Area: Commerce Strategic Plan Focus Area Additional Info: Principle Statement 2: WE WILL SEEK AND RETAIN DIVERSE INDUSTRIES AND COMMERCE. Initiative 13: Invest Town resources to ensure travel ways, public spaces, parks, public facilities, and other community spaces are clean, maintained, and showcase Marana’s high standard of excellence. Subject:Ordinance No. 2018.007: Relating to Traffic and Highways; amending Town Code Title 12 (Traffic and Highways), Chapter 12-7 (Construction in Town Rights-of-Way); revising section 12-7-5 (Permit process) to add grounds for denial of a permit; revising Section 12-7-8 (Construction requirements) to update reference to standard specifications and details; revising section 12-7-9 (Newly constructed asphalt pavements) to amend construction requirements for certain categories of asphalt; and designating an effective date (Jane Fairall) Discussion: Marana Town Code Chapter 12-7 regulates construction in Town rights-of-way, and requires all persons to obtain a permit from the Town prior to performing work in the right-of-way.  The proposed ordinance would make the following substantive changes to Chapter 12-7 to better maintain and preserve the Town's roadways. Currently, Chapter 12-7 provides that for newly constructed asphalt pavements five years of age or less, open pavement cuts are prohibited, unless approved by the Town Engineer.  Directional bore is used instead of open trenching.  The Town has created a Pavement Management System with recent condition data to assess the publicly owned roadway infrastructure for optimizing available maintenance funding. This data has been used to develop a funded pavement preservation program to mitigate the natural Marana Regular Council Meeting 03/20/2018 Page 77 of 91 been used to develop a funded pavement preservation program to mitigate the natural aging process of the Town’s roadways on a 5- to 6-year cycle. Since this investment of public funds is now maintaining asphalt in a like-new condition, the proposed ordinance would revise section 12-7-9 of the Code to provide that open pavement cuts are prohibited on asphalt pavements with an overall condition index (OCI) of over 70, regardless of the age of the pavement.      The Town is working to create an online public access portal that will provide the mapping of the current roadway systems that have an OCI rating of over 70.  The OCI ratings on this site will have an average inspection of two years, and will report data information on each section of roadway with the dates of the roadway section’s inspection.  The site should be going live by the end of the month. Additionally, the proposed ordinance adds paragraph E to section 12-7-5, giving the Town Engineer authority to deny a new right-of-way permit when an applicant has failed to comply with construction requirements or failed to pay fees on a previously-issued right-of-way permit. Staff Recommendation: Staff recommends approval of the proposed ordinance. Suggested Motion: I move to adopt Ordinance No. 2018.007, amending Town Code Title 12 (Traffic and Highways), Chapter 12-7 (Construction in Town Rights-of-Way); and designating an effective date. Attachments Ordinance No. 2018.007 Marana Regular Council Meeting 03/20/2018 Page 78 of 91 00053180.DOCX /9 Marana Ordinance No. 2018 .007 - 1 - MARANA ORDINANCE NO. 2018.007 RELATING TO TRAFFIC AND HIGHWAYS; AMENDING TOWN CODE TITLE 12 (TRAFFIC AND HIGHWAY S), CHAPTER 12-7 (CONSTRUCTION IN TOWN R IGHTS- OF-WAY); REVISING SECTION 12-7-5 (PERMIT PROCESS) TO ADD GROUNDS FOR DENIAL OF A PERMIT; REVISING SECTION 12-7-8 (CONSTRUCTION REQUIREMENTS) TO UPDATE REFERENCE TO STANDARD SPECIFICATIONS AND DETAILS; REVISING SECTION 12-7-9 (NEWLY CONSTRUCTED ASPHALT PAVEMENTS) TO AMEND CONSTRUCTION REQUIR EMENTS FOR CERTAIN CATEGORIES OF ASPHAL T; AND DESIGNATING AN EFFECTIVE DATE WHEREAS the Town Council is authorized by A.R.S. § 9 -240 to exercise exclusive control over the streets, alleys, avenues and sidewalks of the town; and WHEREAS on January 22, 2008, the Town Council adopted Ordinance No. 2008.04, adding Chapter 12-7 “Construction in Town Rights -of-Way” to the Marana Town Code; and WHEREAS the Town Council finds that revision of the regulations for construction in Town rights -of-way as set forth in this ordinance is in the best interests of the Town and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. Marana Town Code Title 12 (Traffic and Highways) is hereby amended to revise section 12 -7-5 (Permit process) as follows (with additions shown with double underlining ): 12-7 -5 Permit process ; grounds for denial [Paragraph s A through D remain unchanged] E. Notwithstanding the provisions of paragraph D of this section, the town engineer may deny a permit requested pursuant to this chapter under the following circumstances: 1. The town engineer has notified the applicant that the applicant failed to comply with the construction requirements set forth in section 12 -7 -8 on a previously-issued permit and the applicant has failed to remedy the violation a t the time of the new permit application. Marana Regular Council Meeting 03/20/2018 Page 79 of 91 00053180.DOCX /9 Marana Ordinance No. 2018 .007 - 2 - 2. The applicant has failed to pay any fees owed to the town for previously - issued permits, including, but not limited to, application fees, late fees, and fees incurred by the town to repair or remedy work complet ed by the applicant. SECTION 2. Marana Town Code Title 12 (Traffic and Highways ) is hereby amended to revise section 12-7-8 (Construction requirements) as follows (with deletions shown with strikeouts and additions shown with double underlining ): 1 2-7 -8 Construction requirements [Paragraph A remains unchanged] B. Unless otherwise expressly approved in writing by the town engineer, all work shall conform to the following: 1. The 2003 latest edition of the Pima association of governments (PAG) county/city of Tucson standard specifications and details for public improvements. 2. Other specifications, details or regulations approved by the town engineer or adopted by the town, including all conditions listed in the permit. 3. All requirements of this chapter. [Paragraph s C through M remain unchanged] SECTION 3. Marana Town Code Title 12 (Traffic and Highways) is hereby amended to revise section 1 2-7-9 (Newly constructed asphalt pavements ) as follows (with deletions shown with strikeouts and additions shown with double underlining): 1 2-7 -9 Newly constructed Additional requirements for specified asphalt pavements In addition to the requirements set forth in section 12 -7-8, on newly constructed asphalt pavements having an overall condition index (OCI) of over 70, five years old or less, as verified by the town engineer, the following additional regulations apply: [Paragraphs A through E remain unchanged] SECTION 4. The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance. SECTION 5. All ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the Co uncil in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance. SECTION 6. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be inv alid or unconstitutional by the decision of any Marana Regular Council Meeting 03/20/2018 Page 80 of 91 00053180.DOCX /9 Marana Ordinance No. 2017 .007 - 3 - court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this ordinance. SECTION 7. This ordinance shall become effective on the thirty -first day after its adop tion. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 20th day of March, 2018. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 03/20/2018 Page 81 of 91      Council-Regular Meeting   A2        Meeting Date:03/20/2018   To:Mayor and Council From:Jane Fairall, Deputy Town Attorney Date:March 20, 2018 Strategic Plan Focus Area: Commerce Strategic Plan Focus Area Additional Info: Principle Statement 2: WE WILL SEEK AND RETAIN DIVERSE INDUSTRIES AND COMMERCE. Initiative 13: Invest Town resources to ensure travel ways, public spaces, parks, public facilities, and other community spaces are clean, maintained, and showcase Marana’s high standard of excellence. Subject:Ordinance No. 2018.008: Relating to Traffic and Highways; revising Marana Town Code Title 12 (Traffic and Highways) by adding a new Chapter 12-9 (Overdimensional Vehicles); and designating an effective date (Jane Fairall) Resolution No. 2018-025: Relating to Traffic and Highways; declaring as a public record filed with the Town Clerk the revisions to the Marana Town Code adopted by Marana Ordinance No. 2018.008; revising Marana Town Code Title 12 (Traffic and Highways) by adding a new Chapter 12-9 (Overdimensional Vehicles) (Jane Fairall) Discussion: The proposed ordinance will add a new Chapter 12-9 to the Marana Town Code, authorizing the Town to issue permits for overdimensional vehicles traveling on the Town's roads. The purpose of the ordinance is to allow the Town to analyze loads to ensure that the Town's streets and structures (bridges, culverts, etc.) will not be damaged or compromised due to the overburden of loads. Key provisions of the proposed ordinance include the following: The definition of “overdimensional vehicle” is any vehicle or combination of ↵ Marana Regular Council Meeting 03/20/2018 Page 82 of 91 vehicles of a size or weight of vehicle or load exceeding the limits set forth in relevant Arizona Revised Statutes. All permits issued by the Town will be issued pursuant to and in conformity with relevant state statutes and administrative regulations. The Town will issue permits for single trips, 30 days, or one-year; 30-day and one-year permits may be issued for the operation or movement of overdimensional vehicles when any load to be carried within the 30-day or one-year period does not exceed the permitted weight and dimensions and the same equipment will be used for the same type load during the permit period. The applicant, at the applicant’s own expense, may be required to submit an engineering analysis certifying that the applicant’s overdimensional vehicle will not overstress or damage any element of the transport route or a structure on the route. Failure to comply with the overdimensional vehicle permit provision is a civil infraction. The applicant shall pay any applicable permit fees as set forth in a fee schedule. Permit fees have been proposed as a part of the annual review of the comprehensive fee schedule and will be effective at the start of FY 2019 if approved.  The proposed fees are as follows: $15 for a single trip permit; $30 for a 30-day permit; and $360 for a one-year permit. Staff Recommendation: Staff recommends approval of the proposed ordinance. Suggested Motion: I move to adopt Ordinance No. 2018.008, revising Marana Town Code Title 12 (Traffic and Highways) by adding a new Chapter 12-9 (Overdimensional Vehicles), and Resolution No. 2018-025, declaring the revisions to be a public record. Attachments Ordinance No. 2018.008 Resolution No. 2018-025 Exhibit A - New Chapter 12-9 Marana Regular Council Meeting 03/20/2018 Page 83 of 91 Marana Ordinance No. 2018.008 - 1 - MARANA ORDINANCE NO. 201 8.008 RELATING TO TRAFFIC AND HIGHWAYS; REVISING MARANA TOWN CODE TITLE 12 (TRAFFIC AND HIGHWAYS) BY ADDING A NEW CHAPTER 12-9 (OVERDIMENSIONAL VEHICLES); AND DESIGNATING AN EFFECTIVE DATE WHEREAS the Town Council is authorized by A.R.S. § 9 -240 to exercise exclusive control over the streets, alleys, avenues and sidewalks of the town; and WHEREAS A.R.S. § 28-1103 authorizes the Town to issue special permits for overdimensional vehicles ; and WHEREAS the Marana Mayor and Town Council find that the revision to Title 12 of the Marana Town Code as set forth in this ordinance is in the best interests of the Town and its residents . NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. Marana Town Code Title 12 (Traffic and Highways) is hereby amended by adding new Chapter 12 -9 (Overdimensional Vehicles ), which was made a public record by and attached as Exhibit A to Marana Resolution No. 2018 -025 and is hereby adopted and made a part of this ordinance by reference as if fully set out here. Section 2. The following penalty clauses are included in Marana Town Code Chapter 12-9 (Overdimensional Vehicles): 12-9 -5 Classification; enforcement; continuing violations A. Whenever in this chapter any act is prohibited or declared to be unlawful, or the doing of any act is required, or the failure to do any act is declared to be unlawful, the violation of that provision is a civil infraction. B. This chapter may be enforced in any manner provided for by town ordinances and state laws. C. Each day any violation continues shall constitute a separate offense. 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. Marana Regular Council Meeting 03/20/2018 Page 84 of 91 Marana Ordinance No. 2018.008 - 2 - Section 4. All ordinances, resolutions and motions and parts of ordinances, resolutions, and motions of the Marana Town 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 20th day of March, 2018. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 03/20/2018 Page 85 of 91 00056400.DOCX /1 Marana Resolution No. 2018-025 - 1 - MARANA RESOLUTION NO. 2018-025 RELATING TO TRAFFIC AND HIGHWAYS; DECLARING AS A PUBL IC RECORD FILED WITH THE TOWN CLERK THE REVISIONS TO THE MARANA TOWN CODE ADOPTED BY MARANA ORDINANCE NO. 2018.008; REVISING MARANA TOWN CODE TITLE 12 (TRAFF IC AND HIGHWAYS) BY ADDING A NEW CHAPTER 12-9 (OVERDIMENSIONAL VEHICLES) BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the revisions to the Marana Town Code adopted by Mara- na Ordinance No. 2018.008, a copy of which is attached to and incorporated in this reso- lution as Exhibit A, and one paper copy and one electronic copy of which are on file in the office of the Town Clerk, are hereby declared to be a public record and o rdered to remain on file with the Town Clerk . PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 20th day of March, 2018. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 03/20/2018 Page 86 of 91 EXHIBIT A TO MARANA RESOLUTION NO. 2018-025 Amendments to Marana Town Code, Title 12 “Traffic and Highways” pursuant to Marana Ordinance No. 2018.008 00055208.DOCX /2 1 SECTION 1. Title 12 “Traffic and Highways” of the Marana Town Code is hereby revised by adding new chapter 12 -9 “Overdimensional Vehicles” and the chapter that follows is renumbered to conform: CHAPTER 12 -9. OVERDIMENSIONAL VEHICLES 12-9 -1 Definition For purposes of this chapter, “overdimensional vehicle” means any vehicle or combination of vehicles of a size or weight of vehicle or load exceeding the limits set forth in A.R.S. title 28, chapter 3, article 18, as amended. 12-9 -2 Operation of overdimensional vehicles; permit required; non-transferable A. It shall be unlawful to operate or move any overdimensional vehicle on a town street without a special permit issued by the town pursuant to this chapter. B. A special permit issued under this chapter shall be issued pursuant to and in conformity with A.R.S. title 28, chapter 3, article 18, as amended , and Arizona administrative code title 17, chapter 6, as amended . C. A special permit issued under this chapter must be carried in the overdimensional vehic le to which it refers and shall be open to inspection by any police officer or authorized agent of the town. D. A person shall not violate any of the terms or conditions of a special permit. E. All special permits issued pursuant to this chapter are non -transferable. 12-9 -3 Application process; fees; non-refundable A. The applicant or the applicant’s authorized representative shall submit a written special permit application to the town manager or designee on the form provided by the town for that purpose. B. The application for special permit shall specifically describe the vehicle or vehicles and load to be operated or moved, including the type of vehicle and the number of axles, and the maximum length, width, height, and weight of the vehicle or vehicles and load. C. The application for special permit shall specifically describe the particular streets for which the permit to operate is requested. D. The application for special permit shall specify whether the applicant is applying for a single trip permit, a 30 -day permit, or a on e-year permit. 30-day and one-year permits may be issued for the operation or movement of overdimensional vehicles when any load to be carried within the 30 -day or one-year period does not exceed the permitted weight and dimensions and Marana Regular Council Meeting 03/20/2018 Page 87 of 91 EXHIBIT A TO MARANA RESOLUTION NO. 2018-025 Amendments to Marana Town Code, Title 12 “Traffic and Highways” pursuant to Marana Ordinance No. 2018.008 00055208.DOCX /2 2 the same equipment will be used for the same type load during the permit period. E. If the overdimensional vehicle is to be routed over a bridge, culvert, or similar type of structure under the jurisdiction of the town, the maximum weight load must be under the maximum load cap acity for the particular bridge, culvert, or structure, as determined by the town engineer. F. The applicant, at the applicant’s own expense, may be required to submit an engineering analysis certifying that the applicant’s overdimensional vehicle will not overstress or damage any element of the transport route or a structure on the route. The engineering analysis must be prepared by an engineer registered by the Arizona state board of technical registration in structural or civil engineering, as prescribed under A.R.S. title 32, chapter 1, according to industry standards. For purposes of this paragraph, an engineering analysis prepared according to the following publications complies with industry standards: 1. The most recently published edition of the American association of state highway transportation officials manual for bridge evaluation, including all interims, standards, or guidelines; 2. The most recently published edition of the American association of state highway transportation officials load and resistance factor design – bridge design specifications, including all interims, standards, or guidelines; and 3. The Arizona department of transportation bridge load rating guidelines and bridge design guidelines G. The applicant shall certify to the town that all information provided on the application is true and correct. H. The applicant shall pay any applicable fees as set forth in a fee schedule adopted by the council and amended from time to time, except that fee s shall not be assessed in the following circumsta nces: 1. When the overdimensional vehicles is owned by the United States government, the state of Arizona, or an Arizona county, city, or town. 2. If a special permit is required by the state of Arizona and the town, the applicant shall pay a permit fee only to the state of Arizona. 3. If a special permit is required by more than one municipality or county, and is not required by the state of Arizona, the applicant shall pay a permit fee only to the municipality or county that has jurisdiction of the streets and highways where the movement of the overdimensional vehicle originates. I. All fees collected pursuant to this section are non -refundable. Marana Regular Council Meeting 03/20/2018 Page 88 of 91 EXHIBIT A TO MARANA RESOLUTION NO. 2018-025 Amendments to Marana Town Code, Title 12 “Traffic and Highways” pursuant to Marana Ordinance No. 2018.008 00055208.DOCX /2 3 J. The town may require an undertaking or any other security as deemed necessary by the town manager or designee to compensate for damage to a roadway or road structure. 12-9 -4 Permit issuance or denial A. A special permit application under this chapter shall be approved unless the town manager or designee determines that any of the following conditions exist: 1. The proposed transport route or a structure on the route is: a. Unable to bear the size or weight of the overdimensional vehicle and load; or b. Under repair; or c. Temporarily closed due to a hazardous condition. 2. An applicant for a permit to transport a mobile home does not provide written proof of ad valorem tax payment or clearance as required under A.R.S. §28 -1104. 3. The applicant made a material misrepresentation or misstatement on the permit application or any other document submitted to the town in support of the permit application. B. If the permit is denied, the town manager or designee shall provide written notice of the denial to the applicant. The notice shall include a statement of the reasons the application was denied and may be delivered by first class mail or electronic mail. 12-9 -5 Classification; enforcement; continuing violations A. Whenever in this chapter any act is prohibited or declared to be un lawful, or the doing of any act is required, or the failure to do any act is declared to be unlawful, the violation of that provision is a civil infraction. B. This chapter may be enforced in any manner provided for by town ordinances and state laws. C. Each day any violation continues shall constitute a separate offense. Marana Regular Council Meeting 03/20/2018 Page 89 of 91    Council-Regular Meeting   D1        Meeting Date:03/20/2018   To:Mayor and Council From:Carl Drescher, Technology Services Director Date:March 20, 2018 Strategic Plan Focus Area: Community,  Progress & Innovation Subject:Relating to Public Safety; discussion and direction regarding the Town's public safety communications system, including discussion regarding possible migration of the Town's system to the Pima County Wireless Integrated Network (PCWIN) radio system (Carl Drescher) Discussion: The current version of the Town public safety radio system will no longer be supported by the manufacturer (Motorola) after June 2018.  The last upgrade to the radio system was in 2012.  Motorola will not offer the Town a support contract, stock spare components, or provide any programming updates for the current Town radio system.   The current Town radio system does not provide for interoperable communications with other Southern Arizona law enforcement or fire service agencies that use the Pima County Wireless Integrated Network (PCWIN) radio system.  The Town is the only entity in Pima County that does not use the PCWIN system for public safety communications.   The ability to communicate  with other agencies during joint operations over the PCWIN system will be an asset during multi – agency operations and will contribute to better public and officer safety.  In May 2017, the Town became a member of PCWIN and secured 12 radios to allow just MPD command staff to communicate with the other PCWIN agencies as needed.  Based on this experience, staff believes that further integration into the PCWIN system will be beneficial.  Since the current Town system will no longer be supported by the manufacturer, the Town has two viable options going forward; participate fully in PCWIN or replace the Town radio system with a new system.   Following are the approximate costs for each: Fully joining PCWIN: Approximate capital costs:  $ 575,000 (Purchases required – new 911 dispatch Marana Regular Council Meeting 03/20/2018 Page 90 of 91 consoles, microwave connection for redundant communications to the County Emergency Operations Center, and approximately 15 new radios. Most current Town radios can be re-programed for use on the PCWIN radio system) Approximate yearly maintenance costs:  $100,000 per year (These fees are subscriber fees that all PCWIN participants must pay.  Subscription fees are $35 per radio per month plus fees for 911 console maintenance.  The Town currently pays approx. $175,000 per year to support our current system.)  Town Radio System Upgrade:  Approximate capital costs:  $1,400,000 (Purchases required – new 911 dispatch consoles, new transmitters, new receivers, new licenses for our current radios, gateway to communicate interoperably with the PCWIN system) Approximate yearly maintenance costs:  $250,000 per year (New maintenance cost includes a programed system upgrade every two years) Financial Impact: Fiscal Year: 2019 Budgeted Y/N: N Amount:$575.000 for equipment purchases and approx $100,000 for subscription and maintenance fees The costs associates with this item will not hit until the FY2019 budget.  The department will request funds in the FY2019 budget. Staff Recommendation: Staff recommends moving forward with a plan to migrate our Public Safety communications to the PCWIN radio network. Suggested Motion: I move to direct staff to proceed with migrating the Town's public safety communications to the PCWIN system. Attachments No file(s) attached. Marana Regular Council Meeting 03/20/2018 Page 91 of 91