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HomeMy WebLinkAboutRegular Council Meeting Agenda Packet 08-06-2019MARANA TOWN COUNCIL REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, August 6, 2019, 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 John Officer, 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 August 6, 2019, 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 08/06/2019 Page 1 of 300 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.     Marana Regular Council Meeting 08/06/2019 Page 2 of 300 PROCLAMATIONS   P1 Proclamation declaring August 2019 as "Drowning Impact Awareness Month" (Cherry L. Lawson)   MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS   MANAGER’S REPORT: SUMMARY OF CURRENT EVENTS   PRESENTATIONS   CONSENT AGENDA The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion and affirmative vote will approve all items on the Consent Agenda, including any resolutions or ordinances. Prior to a motion to approve the Consent Agenda, any Council member may remove any item from the Consent Agenda and that item will be discussed and voted upon separately.   C1 Resolution No. 2019-063:  Relating to Special Events; approving and authorizing the Mayor to execute an agreement between the Town of Marana and Perimeter Bicycling Association of America, Inc. regarding financial support for the 2019 El Tour de Tucson 25-Mile Start Line event (Jim Conroy)   C2 Resolution No. 2019-064:  Relating to the Police Department; approving and authorizing the Town Manager to execute a High Intensity Drug Trafficking Area (HIDTA) grant agreement between the City of Tucson (COT) and the Town of Marana to receive funding under COT Grant Number HT-19-2915 (Kristin Taft)   C3 Resolution No. 2019-065: Relating to the Police Department; approving and authorizing the Mayor to execute the First Amendment to an intergovernmental agreement with Pima County for funding of the Pima County Mapping Administrator Position (Jane Fairall)   C4 Resolution No. 2019-066: Relating to Development; approving a final plat for Del Webb at Dove Mountain IX, Lots 596-625 and Common Area "A" (Drainage/Open Space) located south of Dove Mountain Boulevard and west of Del Webb Trail (Brian D. Varney)   C5 Resolution No. 2019-067: Relating to Boards, Commissions and Committees; revising the procedures for the Marana Citizens’ Forum relating to establishing a quorum and the removal of delegates (Jane Fairall)   C6 Resolution No. 2019-068: Relating to Personnel; establishing the Marana Health Marana Regular Council Meeting 08/06/2019 Page 3 of 300 C6 Resolution No. 2019-068: Relating to Personnel; establishing the Marana Health Care Benefits Trust for the Town's self-insurance program for health and dental insurance benefits as required by A.R.S. §11-981, and approving and authorizing the Mayor to execute the Trust Document (Jane Fairall)   C7 Resolution No. 2019-069:  Relating to the Police Department; approving and authorizing the Mayor to execute an intergovernmental agreement by and between the Town of Marana and the City of Tucson for use of the Southern Arizona Law Enforcement Training Center (SALETC) (Libby Shelton)   C8 Resolution No. 2019-070: Relating to Police Department; approving and authorizing the Chief of Police and the Town Manager to execute GOHS contract number 2019-405c-005 between the State of Arizona by and through the Governor's Office of Highway Safety (GOHS) and the Town of Marana for grant funding for the AzTraCS Implementation Program; and authorizing the transfer of necessary budget authority to cover grant related expenditures (Kristin Taft)   C9 Resolution No. 2019-071: Relating to Police Department; approving and authorizing the Chief of Police to execute a Task Force Agreement between the United States Department of Justice, Drug Enforcement Administration and the Marana Police Department for Fiscal Year 2020 (Kristin Taft)   C10 Resolution No. 2019-072: Relating to Parks and Recreation; approving and authorizing the Mayor to execute an agreement to contribute funds between the Town of Marana and the Central Arizona Water Conservation District (CAWCD) for improvements to the Central Arizona Project (CAP) Access Road to serve the CAP Trailhead and Trail within the Town of Marana (Jane Fairall)   C11 Resolution No. 2019-073: Relating to Development; approving a release of assurances for the Camino De Oeste subdivision and accepting public improvements for maintenance (Keith Brann)   C12 Resolution No. 2019-074: Relating to Development; amending the definition of Cumulative Maximum Annual Debt Service in the Town of Marana Policy Guidelines and Application Procedures for the Establishment of Community Facilities Districts (Yiannis Kalaitzidis)   C13 Ordinance No. 2019.016: Relating to Business Regulations; adopting revisions to Marana Town Code Title 9 (Business Regulations); revising section 9-1-2 (Definitions) to amend the definition of “residential real property rental” and to add a definition of “vacation rental” or “short-term rental”; adding new section 9-2-4 (Vacation rental or short-term rental contact information) and renumbering the sections that follow to conform; revising section 9-3-3 (Exemptions) to clarify an exemption related to peddlers; revising section 9-13-5 (Additional application requirements) to clarify application Marana Regular Council Meeting 08/06/2019 Page 4 of 300 requirements for mobile food vendors; and declaring an emergency (Jane Fairall)   C14 Ordinance No. 2019.017: Relating to Finance; amending the Town of Marana Comprehensive Fee Schedule; and designating an effective date (Yiannis Kalaitzidis)   C15 Relating to Procurement; ratifying the Town Manager's approval of two change orders to the Pavex Corp. construction contract for the Airport Rehabilitation of Taxiways, Tie Downs, Helicopter pad, and Terminal Apron (AP025) project in the amounts of $71,926.91 and $188,418.76; authorizing the transfer of appropriations if necessary for the change orders; and authorizing the Town Manager or designee to execute the necessary documents to effectuate the change orders (Steve Miller)   C16 Approval of the Regular Council Meeting Summary Minutes of June 18, 2019 (Cherry L. Lawson)   LIQUOR LICENSES   L1 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a new series 7 Beer and Wine bar liquor license application submitted by Brian Euaine Vance on behalf of Catalina Brewing Company located at 6918 N. Camino Martin Suite #120, Tucson, Arizona 85741 (Cherry L. Lawson)   BOARDS, COMMISSIONS AND COMMITTEES   B1 Resolution No. 2019-075: Relating to Boards, Commissions and Committees; approving the appointment of John Beale to the Marana Public Safety Personnel Retirement System (PSPRS) Local Board (Cherry L. Lawson)   COUNCIL ACTION   A1 PUBLIC HEARING: Ordinance No. 2019.018: Relating to Development; amending Title 17 (Land Development) of the Marana Town Code by adding new Chapter 17-9 (Parking); repealing existing Title 22 (Off-Street Parking and Loading) of the Marana Land Development Code; and designating an effective date (Steven Cheslak)  Resolution No. 2019-076: Relating to Development; declaring as a public record filed with the Town Clerk new Chapter 17-9 (Parking) of Title 17 (Land Development) of the Marana Town Code adopted by Marana Ordinance No. 2019.018 (Steven Cheslak)   A2 Resolution No. 2019-077: Relating to Utilities; adopting a notice of intention to Marana Regular Council Meeting 08/06/2019 Page 5 of 300 A2 Resolution No. 2019-077: Relating to Utilities; adopting a notice of intention to increase water and wastewater rates, rate components, fees, and service charges over a multi-year (2020-2024) period; and setting an October 15, 2019 public hearing on the proposed increases (Scott Schladweiler)   A3 Resolution No. 2019-078: Relating to Real Estate; vacating a portion of the public right-of-way of Tangerine Road east of “Breakers Road” fronting the property owned by Premier RV Storage, LLC (Frank Cassidy)   ITEMS FOR DISCUSSION / POSSIBLE ACTION   D1 Relating to Development and Public Works; update, discussion, and possible direction regarding public and private projects and development applications on the Town’s Marana Current and Proposed Projects internet site (Jamsheed Mehta)      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), Council may ask for discussion or consideration, or consultation with designated Town representatives, or consultation for legal advice with the Town Attorney, concerning any matter listed on this agenda for any of the reasons listed in A.R.S. §38-431.03 (A).      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 Town of Marana Public Safety Personnel Retirement System (PSPRS) Board.      E3 Executive session pursuant to A.R.S. § 38-431.03(A)(4) to consider the Council’s position and instruct the Town’s attorneys regarding settlement discussions to resolve litigation in Mandarina v. Town of Marana, Pima County Superior Court case number C20161982, and Town of Marana v. Mandarina, Pima County Superior Court case number C20184425.      FUTURE AGENDA ITEMS Notwithstanding the mayor’s discretion regarding the items to be placed on the agenda, if three or more Council members request that an item be placed on the agenda, it must be placed on the agenda for the second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2-4-2(B.   Marana Regular Council Meeting 08/06/2019 Page 6 of 300   ADJOURNMENT     Marana Regular Council Meeting 08/06/2019 Page 7 of 300      Council-Regular Meeting   P1        Meeting Date:08/06/2019   From:Cherry L. Lawson, Town Clerk Date:August 6, 2019 Subject:Proclamation declaring August 2019 as "Drowning Impact Awareness Month" (Cherry L. Lawson) Attachments Drowning Impact Awareness Month Proclamation Marana Regular Council Meeting 08/06/2019 Page 8 of 300 Marana Regular Council Meeting 08/06/2019 Page 9 of 300    Council-Regular Meeting   C1        Meeting Date:08/06/2019   To:Mayor and Council Submitted For:Jim Conroy, Parks & Recreation Director From:Corey Larriva, Superintendent Date:August 6, 2019 Strategic Plan Focus Area: Commerce,  Community,  Recreation Strategic Plan Focus Area Additional Info: The Commerce focus area of the strategic plan directs staff to seek partnerships with local industry to expand Marana's tourism outreach by allocating financial resources for marketing and partnership opportunities. The Community focus area adds marketing Marana as a destination for unique, family-friendly events. We find ways and opportunities to showcase Marana's achievements through Innovation and the Recreation focus area guides us to pursue and support recreation tourism development by partnering with public and private entities to promote Marana as a recreation destination. Subject:Resolution No. 2019-063:  Relating to Special Events; approving and authorizing the Mayor to execute an agreement between the Town of Marana and Perimeter Bicycling Association of America, Inc. regarding financial support for the 2019 El Tour de Tucson 25-Mile Start Line event (Jim Conroy) Discussion: The proposed agreement provides that the Town will provide financial support of $15,000 to Perimeter Bicycling as title sponsor of the 2019 El Tour de Tucson 25-Mile Start Line event taking place on Saturday, November 23, 2019. For this event, participants, will begin their ride at the Marana Heritage River Park and join the primary El Tour route at Twin Peaks Road.  In addition to the 2019 event, this agreement also includes marketing and advertising opportunities for Marana through Perimeter Bicycling. Town marketing will appear in Tail Winds magazine, a quarterly publication in the PBAA Journal and other local events leading up to the race. Marana Regular Council Meeting 08/06/2019 Page 10 of 300 Financial Impact: Fiscal Year:2020 Budgeted Y/N:Y Amount:$15,000    Staff Recommendation: Staff recommend approval of the agreement.  Suggested Motion: I move to adopt Resolution No. 2019-063, approving and authorizing the Mayor to execute an agreement between the Town of Marana and Perimeter Bicycling Association of America, Inc. regarding financial support for the 2019 El Tour de Tucson 25-Mile Start Line event. Attachments Resolution No. 2019-063 Exhibit A - Agreement Exhibit to Agreement - El Tour Proposal Marana Regular Council Meeting 08/06/2019 Page 11 of 300 00064377.DOC /1 Marana Resolution No. 2019-063 MARANA RESOLUTION NO. 2019-063 RELATING TO SPECIAL EVENTS; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE TOWN OF MARANA AND PERIMETER BICYCLING ASSOCIATION OF AMERICA, INC. REGARDING FINANCIAL SUPPORT FO R THE 2019 EL TOUR 25-MILE EVENT WHEREAS the Town of Marana is dedicated to providing exceptional community events that create opportunities for citizen engagement as directed by the Community focus area of the Town’s Strategic Plan ; and WHEREAS Perimeter Bicycling Association of America, Inc. (“Perimeter”) is a nonprofit corporation responsible for the promotion and production of the annual El Tour de Tucson cycling event, which raises money for nonprofit, charitable entities and brings economic impact to the local community; and WHEREAS the Town and Perimeter desire to enter into an agreement regarding the Town’s participation in and financial support of the 2019 El Tour 25-Mile cycling event; and WHEREAS the Town Council finds that the agreement addressed by this resolution is in the best interests of the Town of Marana and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. The agreement between the Town of Marana and Perimeter Bicycling Association of America, Inc. for the 2019 El Tour 25-Mile cycling event, attached to and incorporated by this reference in this resolution as Exhibit A, is hereby approved and the Mayor is hereby authorized to execute it for and on b e half of the Town of Marana. SECTION 2. The Town’s Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of this resolution. Marana Regular Council Meeting 08/06/2019 Page 12 of 300 00064377.DOC /1 Marana Resolution No. 2019-063 PASSED AND ADOPTED by the Mayor and Council of the Tow n of Marana, Arizona, this 6th day of August, 2019. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 08/06/2019 Page 13 of 300 EXHIBIT A TO MARANA RESOLUTION NO. 2019-063 00064375.DOC /1 2019 PERIMETER BICYCLING EL TOUR 25 -MILE EVENT AGREEMENT - 1 - AGREEMENT BETWEEN THE TOWN OF MARANA AND P ERIMETER BICYCLING ASSOCIATION OF AMERICA, INC. FOR THE 2019 EL TOUR 2 5 -MILE EVENT THIS AGREEMENT (this “Agreement”) is entered into by and between the TOWN OF MARANA, an Arizona municipal corporation (the “Town”) and P ERIMETER BICYCLING ASSOCIATION OF AMERICA, INC., an Arizona nonprofit corporation (“Perimeter”). The Town and Perimeter are sometimes collectively referred to in this Agreement as the “Parties,” each of which is sometimes individually referred to as a “Party.” RECITALS A. The Town of Marana Strategic Plan Four identifies Community as one of its five focus areas. Under the Community focus area, the Plan includes an initiative to provide exceptional community events that create opportunities for citizen engage ment. B. Perimeter is a nonprofit corporation responsible for the promotion and produ c- tion of the annual El Tour de Tucson cycling event, which raises money for nonprofit, charitable entities and brings economic impact to the local co mmunity. C. The Town and Perimeter desire to enter into an agreement regarding the Town’s participation in and financial support of the 2019 El Tour 25-Mile cycling event, taking place on Saturday, November 23, 2019. D. The Town finds that the benefits to the Town resulting fr om Perimeter’s promo- tion and production of the 2019 El Tour 25-Mile cycling event have a value at least equal to the fair market value of the financial support to be provided to Perimeter by the Town pursuant to this Agreement. AGREEMENT NOW, THEREFORE, based on the foregoing recitals, which are incorporated here as the intent of the Parties in entering into this Agreement, and in consideration of the terms of this Agreement, the Parties hereby agree as follows: 1. Financial support to be provided by the Town . Pursuant to the terms and conditions of this Agreement, including without limitation paragraph 18 (Termination) below, the Town shall provide financial support of $15,000.00 to Perimeter for the 2019 El Tour 25-Mile cycling event, payable as follows: a. The Town will pay Perimeter $7,500.00 within 30 days of the Effective Date of this Agreement. b. The Town will pay Perimeter $7,500.00 on or before October 24, 2019 . Marana Regular Council Meeting 08/06/2019 Page 14 of 300 EXHIBIT A TO MARANA RESOLUTION NO. 2019-063 00064375.DOC /1 2019 PERIMETER BICYCLING EL TOUR 25 -MILE EVENT AGREEMENT - 2 - 2. Event promotion by the Town. In addition to the financial support provided purs u- ant to paragraph 1 above , the Town shall also promote the events through the Town’s media/communication outlets , as described in Perimeter’s May 30, 2019 sponsorship proposal to the Town, attached hereto and incorporated herein by this refe rence as Exhibit A. 3. Benefits to be provided to the Town. In exchange for the financial support described in paragraph 1 above, Perimeter shall provide to the Town the benefits and services described in Exhibit A. 4. Books; taxes. Perimeter shall make available to the Town for inspect ion any books, ledgers or statements kept by Perimeter regarding activities conducted pursuant to this Agreement. Perimeter shall be liable for all taxes applicable to the proceeds received by Perimeter under this Agreement, if any. 5. Effective date and duration. This Agreement shall be effective as of the signature date of the last Party to sign this Agreement (the “Effective Date”), and shall remain in effect until December 31, 2019, unless sooner terminated pursuant to paragraph 1 8 below. Notwithstandi ng the foregoing, the indemnification provisions set forth in paragraph 9 below shall survive te rmination of this Agreement. 6. Relationship of the Parties. In the performance of the services contemplated by this Agreement, Perimeter shall act solely as an independent contractor, and nothing e x- pressed or implied in this Agreement shall be construed to create the relationship of employer and employee, partnership, principal and agent, or to create a joint venture between the Town and Perimeter. 7. Use of Town logo and seal. The Town grants Perimeter a limited license to use, at no cost, the Town’s logo and seal in Perimeter’s performance of the services described in this Agreement. Perimeter shall not use the Town’s logo and seal for any other pu rpose or use. Perimeter shall not modify, revise or alter the Town’s logo or seal in any way. 8. Insurance. During the term of this Agreement, Perimeter shall maintain insurance from carriers acceptable to the Town with the following required minimum coverages and limits, and the Town shall be named as an additional insured on the comme rcial general liability insurance policy for the purposes of Perimeter’s activities in rel ation to the events covered by this Agreement: Worker’s Compensation: Statutory Employer’s Liability: U.S. $100,000 Commercial General Liability: U.S. $1,000,000 per occurrence U.S. $2,000,000 aggregate Business Auto Liability: U.S. $1,000,000 combined single limit a. Perimeter shall deliver one or more certificates of insurance evidenci ng cover- age as described in this paragraph 8 to the Town upon execution of this Agreement Marana Regular Council Meeting 08/06/2019 Page 15 of 300 EXHIBIT A TO MARANA RESOLUTION NO. 2019-063 00064375.DOC /1 2019 PERIMETER BICYCLING EL TOUR 25 -MILE EVENT AGREEMENT - 3 - and prior to commencing any activities pursuant to this Agreement. P erimeter shall also deliver new certificates of insurance each time the policy(s) is updated. Al l cer- tificates shall be delivered to the Town’s Legal Department. b. As an additional insured on Perimeter’s commercial general liability policy , the Town shall be provided coverage for any liability arising out of operations pe r- formed in whole or in part by or on behalf of Perimeter. Perimeter shall deliver ad- ditional insured endorsement(s) along with the certificate(s) of insurance required by subparagraph (a) above. The additional insured endorsement form identification number shall also be included withi n the description box on the certificate of insu r- ance and the applicable policy number shall be included on the endors ement. c. All policies required pursuant to this paragraph 8 shall be endorsed to co ntain a waiver of transfer of rights of recovery (subroga tion) against the Town, its agents, officers, officials, and employees for any claims arising out of Perimeter’s work or service. Endorsements evidencing this waiver of subrogation shall be provided to the Town along with all other insurance documentation required by this para- graph 8. d. The certificate(s) shall also stipulate that the insurance afforded Perimeter shall be primary insurance and that any insurance carried by the Town, its agents, officials or employees shall be excess and not contributory insu rance to that provid- ed by Perimeter. Coverage provided by Perimeter shall be primary insurance with respect to all other available sources. e. The insurance requirements specified in this paragraph 8 may not be changed or modified except by written agreement signed by both Parties. f. During the term of this Agreement Perimeter shall give the Town at least 30 calendar days’ written notice prior to a planned cancellation or reduction of any coverage required by this paragraph 8. Perimeter shall give the Town imme diate notice of any other cancellation or reduction of any coverage required by this para- graph 8. Cancellation or reduction of any coverage required by this paragraph 8 is grounds for termination of this Agreement by the Town. 9. Indemnification. Perimeter agrees to defend, save, hold harmless, and indemnify the Town, its officials, employees, agents, successors, and assigns from and against any and all manner of claims, suits, lawsuits, action or actions, causes or causes of action, liabilities, damages, and other claims and demands of whatsoever nature or kind, in law or in equity, in tort or in contract, or otherwise caused by or resulting from Perimeter’s errors, omissions, or negligent acts in the performance of services pursuant to this Agreement, or the errors, omissions or negligent acts of any party Perimeter contracts with in the performance of services pursuant to this Agreement, anyone directly or indirectly employed by Perimeter, or anyone for whose acts Perimeter may be li able . Marana Regular Council Meeting 08/06/2019 Page 16 of 300 EXHIBIT A TO MARANA RESOLUTION NO. 2019-063 00064375.DOC /1 2019 PERIMETER BICYCLING EL TOUR 25 -MILE EVENT AGREEMENT - 4 - 10. Notices. All noti ces, 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: If to the Town, to: TOWN OF MARANA Attn: Town Manager 11555 W. Civic Center Drive - Bldg A3 Marana, AZ 85653 With a copy to: TOWN OF MARANA Attn: Town Attorney 11555 W. Civic Center Drive - Bldg A3 Marana, AZ 85653 If to P erimeter, to: PERIMETER BICYCLING ASSOCIATION OF AMERICA, INC. Attn: Media Director 2609 E. Broadway Boulevard Tucson, Arizona 85716 Either Party may from time to time designate any other address for this purpose by written notice to the other Party. All notices under thi s Agreement shall be deemed received upon actual receipt. 11. Entire agreement. This Agreement constitutes the entire agreement and unde r- standing of the Parties pertaining to the subject matter of the Agreement and supe r- sedes all offers, negotiations, and othe r agreements of any kind. All prior and conte m- poraneous agreements, representations and understandings of the Parties, oral or wri t- ten, are superse ded and merged in this Agreement. 12. Authority to execute agreement. The individuals executing this Agreement hereby represent that they have full right, power, and authority to execute this Agreement on behalf of their respective Parties. 13. 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 shor t- ages, war, civil disturbances, weather conditions, natural disasters, acts of God, or other events beyond the control of such P arty, the time period provided herein for the pe r- formance by such Party of such duty or oblig ation shall be extended for a period equal to the delay occasioned by such events. 14. Immigration laws. Perimeter warrants that it will at all times comply with all fed- eral immigration laws and regulations that relate to its employees and with Arizona Revised Statutes section (A.R.S. §) 23 -214 (A). Perimeter acknowledge s that pursuant to A.R.S. § 41-4401 and effective September 30, 2008, a breach of this warranty is a material breach of this Agreement subject to penalties up to and including termination of this Marana Regular Council Meeting 08/06/2019 Page 17 of 300 EXHIBIT A TO MARANA RESOLUTION NO. 2019-063 00064375.DOC /1 2019 PERIMETER BICYCLING EL TOUR 25 -MILE EVENT AGREEMENT - 5 - Agreement, and that the Town retains the legal right to inspect the papers of any e m- ployee who performs work or services pursuant to this Agreement to ensure compli- ance with this warranty. 15. Israel Boycott Divestments. Perimeter certifies that it is not currently engaged in, and agrees for the duration of this Agreement to not e ngage in, a boycott of Is rael as defined by A.R.S. §35-393 16. Conflict of interest. This Agreement is subject to the provisions of A.R.S. § 38-511, which provides for termination in certain instances involving conflicts of i nterest. 17. Attorneys’ fees. The prevailing Party in a civil action to enforce this Agreement shall be entitled to recover fro m the other Party, in addition to any relief to which such prevailing Party may be entitled, all costs, expenses and reasonable attorneys’ fees i n- curred in connection with that civil action. 18. Governing law. This Agreement shall be construed in accordance wi th the laws of the State of Arizona. 19. Termination. a. This Agreement shall be terminated without further action by the Parties if the 2019 El Tour de Tucson event, as described in Exhibit A, is cancelled for any reason. If the event is cancelled, Perimeter shall refund to the Town all financial support provided by the Town to Perimeter pursuant to paragraph 1 of this Agreement with- in 30 days of cancellation of the event. b. This Agreement may be terminated without further liability on 30 days’ prior written notice by either Party upon a default by the other Party of any covenant or term of this Agreement, which default is not cured within 30 days of receipt of wri t- ten notice of default, except that this Agreement shall not be terminated if the d e- fault cannot re asonably be cured within such 30-day period and the defaulting party has started to cure the default within the 30-day period and diligently pursues the cure to completion; provided that the grace period for any monetary default is ten days from receipt of written notice. c. This Agreement may be terminated by mutual written agreement of the Pa r- ties. 20. Miscellaneous. a. This Agreement may not be modified except in a writing signed by both of the Parties. b. The captions and section numbers appearing in this Agreement are inserted only as a matter of convenience, and do not define, limit, construe or describe the scope or i ntent of such sections or articles of this Agreement. Marana Regular Council Meeting 08/06/2019 Page 18 of 300 EXHIBIT A TO MARANA RESOLUTION NO. 2019-063 00064375.DOC /1 2019 PERIMETER BICYCLING EL TOUR 25 -MILE EVENT AGREEMENT - 6 - c. This Agreement may be executed in multiple counterparts, each of which shall, for all purposes, be deemed an original and all of which, taken together, shall const i- tute one and the same agreement. IN WITNESS WHEREOF, the Parties have duly executed this instrument below. The “Town”: TOWN OF MARANA, an Arizona munici- pal corporation Ed Honea, Mayor Date: ATTEST: Town Clerk Date APPROVED AS TO FORM: Town Attorney Date “Perimeter”: PERIMETER BICYCLING ASSOCIATION OF AMERICA, INC., an Arizona nonprofit corporation Pat Lopez, President Date Federal I.D. # _______________________ STATE OF ARIZONA ) ) ss. County of Pima ) The foregoing instrument was acknowledged before me this _____ day of _______________________, 2019 by Pat Lopez, President of PERIMETER BICYCLING A SSOC I- ATION OF AMERICA, INC., an Arizona nonprofit corporation, on behalf of the corporation. (Seal) Notary Public Marana Regular Council Meeting 08/06/2019 Page 19 of 300 EXHIBIT A TO MARANA RESOLUTION NO. 2019-063 00064375.DOC /1 2019 PERIMETER BICYCLING EL TOUR 25 -MILE EVENT AGREEMENT 7 LIST OF EXHIBITS Exhibit A: Perimeter’s Sponsorship Proposal, dated May 30, 2019 Marana Regular Council Meeting 08/06/2019 Page 20 of 300 - 1 – Prepared by: Sallye Williams Perimeter Bicycling Association, Inc. 2609 E. Broadway Tucson, AZ 85716 (520) 745-2033 Sallye@PerimeterBicycling.com PerimeterBicycling.com 5/30/19 Perimeter Bicycling Association of America, Inc Invites the Town of Marana TTTooo bbbeee TTTiiitttllleee SSSpppooonnnsssooorrr ooofff ttthhheee 222000111999 EEElll TTTooouuurrr 222555---MMMiiillleee EEEvvveeennnttt RRRiiidddeee DDDaaayyy,,, SSSaaatttuuurrrdddaaayyy,,, NNNooovvveeemmmbbbeeerrr 222333,,, 222000111999 Marana Regular Council Meeting 08/06/2019 Page 21 of 300 - 2 – --------------------- Contents ------------------- Proposal Invitation………………………..…………… 3 Town of Marana-El Tour Promotional Program……. 3 El Tour Credits & Distinctions ……………………… 3 Event Description - History ……………………….… 4 - Registration Statistics …….…… 4 - Event Beneficiaries Fundraising 4 - Event Description ……………… 4 - Economic Impact …………...…. 5 - Calendar of Event Activities ….. 5 Perimeter Bicycling ………………………………….. 6 & 7 Your Funds to Perimeter ………………………..…… 7 Benefits ……………………………………………..… 7 – 10 Requests …….………………………………………… 11 Agreement Form ….……………………………….… 11 Thank you for reviewing the contents of this Invitation & Proposal Marana Regular Council Meeting 08/06/2019 Page 22 of 300 - 3 – Invitation Perimeter Bicycling Association of America, Inc. respectfully invites Town of Marana as “The 2019 Title Sponsor of the El Tour 25-Mile Event” El Tour–Town of Marana Program Description Perimeter Bicycling Association of America, Inc., a 501(c)(3) non-profit organization and the producers of the annual El Tour de Tucson, has created a promotional program that will describe the role of Town of Marana in El Tour and create an awareness of the Town of Marana as a separate community with its own identity as a cycling region within Pima County, Arizona. Perimeter Bicycling will focus on giving the Town a prominent feature in El Tour by continuing a cycling event in its main attractions entitled “The 2019 Town of Marana El Tour 25-Mile Event” ; thereby having 4 major cycling events in El Tour: 100-75-50 & 25-miles. All the benefits and requests are listed in this invitation & proposal along with a description of El Tour. El Tour Credits & Distinctions Largest Cycling Event in State of Arizona and 7th largest cycling event in the United States (between 8,700 – 9,200 cyclists annually and 2,000 volunteers) 2nd Largest Economic Impact Event in Southern Arizona with an impact of $13 Million - $20 Million impact on ride weekend alone and 2 – 5 times that amount year-round according to 1999/2000 Eller School- El Tour Economic Impact Study The one single cycling event that raises money for more non-profit organizations than any other cycling event in United States. This year El Tour will benefit more than 50 non-profit organizations. Over $12 Million was raised in 2017 El Tour and in 2018 expecting to raise over $15 Million Received distinguished honors by University of Arizona and The National League of American Bicyclists for turning an entire city and county into a healthier community through bicycling Responsible for having our community being acknowledged as “The #1 Bicycle City in United States” (Outside Magazine, 2012) and often referred to as “The Bicycle Capital of America” Marana Regular Council Meeting 08/06/2019 Page 23 of 300 - 4 – Event History El Tour de Tucson was founded in 1983 with a focus on raising funds for a credible, recognizable, non-profit charitable agency and to encourage cyclists of all ages and abilities to take up cycling as a means to a healthier lifestyle through adopting bicycling as a daily means of staying fit both psychologically and physically. Since its inception 35 years ago, El Tour de Tucson has lead to the development of many other fundraising cycling events, including but not limited to the following: El Tour de Mesa, Cochise County Cycling Classic, Tour of the Tucson Mountains and El Tour de Mt Fuji (Japan). Perimeter Bicycling’s flagship event, El Tour de Tucson, is now approaching its 37th year of operation in 2019 and has become Arizona’s largest road cycling event and the 7th largest cycling event in the United States. Registration Statistics: In 1983 the event had a total of 198 cyclists and has grown to its highest registration in its 25th year (2007) to 9,120. In the past 5 years, El Tour’s registration ranged from 8,200 – 8,700 cyclists. The 37th El Tour de Tucson is expected to break the attendance record and attract over 9,000 cyclists. Event Beneficiaries & Fundraising: In following the tradition, values and objectives of Perimeter Bicycling Association of America. Inc., all of its cycling events benefit a recognizable nonprofit 501(c)(3) charitable agency; thereby keeping with our motto, cycling in pursuit of a cause. This year’s 37th El Tour de Tucson will benefit 50-plus national and/or regional nonprofit agencies. The Primary Beneficiary for El Tour this year is Easterseals Blake Foundation. In 1983 El Tour raised $4,500 for the American Diabetes Association and in 2001 (the 19 th El Tour) raised $3,156,937. In the event’s 36-year history over $95 Million has been raised for non-profit organizations including: American Diabetes Association, American Parkinson’s Disease Association, Arthritis Foundation, Ben’s Bells, Carondelet Rehabilitation Services of Arizona, Community F ood Bank of Tucson, Diamond Children’s Medical Center, Easter Seals, GSA-USA-ECO Flag Project, Huntsman Cancer Institute of Utah, Juvenile Diabetes Research Foundation (JDRF), League of American Bicyclists, Leukemia and Lymphoma Society, Rotary International Polio Plus, Tucson Association of the Blind & Visually Impaired, Tu Nidito Children & Family Services, Water for People, and other Perimeter Bicycling Charities Event Description El Tour de Tucson is an event for cyclists of all ages and abilities that include a 100-mile ride around the Perimeter of Tucson, Arizona along with 75, 50 & 25-mile events. In addition, there is a Fun Ride of 11, 5 and 1-miles. At times the event distances can change due to construction along the course. The 100-mile event and Fun Ride start and finish in the heart of downtown Tucson while the other three events (75, 50, and 25-mile events) are remote starts along the 100-mile route and finish in the downtown area along with the 100-mile and Fun Ride events. There are different starting Marana Regular Council Meeting 08/06/2019 Page 24 of 300 - 5 – points, but the same finish line for all events. There are 15-20 aid stations along the 100-mile route supplied with three different kinds of fruit, water, cookies and pretzels. Each aid station is staffed by a different volunteer community group. Some of these groups have been doing the same aid station for over 30 years. Medical and emergency support has been supplied by AZ1-DMAT, a statewide emergency team that was started in each state after 9-11. During the course of 10 months prior to El Tour, every municipality attends a monthly route meeting to plan and organize the route for the next El Tour. Municipalities include: the police, transportation and risk management departments from Oro Valley, City of Tucson, Town of Marana, ADOT and Pima County along with the staff from Perimeter Bicycling and the 4-6 different barricade companies. Economic Impact Based on an economic impact study performed by the Graduate School of Business at the University of Arizona in 2000, it is estimated that for every 1,000 cyclists, there is an economic impact of $1.5 - $2 Million dollars on the local community; therefore, Perimeter Bicycling is projecting between a $13-18 Million economic impact on Pima County, Arizona community through its 37th El Tour. Calendar of Event Activities and Program: El Tour Ride Day is Saturday, November 23, 2019 Projected Event Activities & Programs Dates Attendance - El Tour Loop the Loop 2nd weekend of September 300 – 500 - GABA Swap Meet Sat before El Tour Ride Day 4,000 – 6000 - Indoor El Tour 8 days beginning Sat before El Tour Ride Day 3,000 – 4,000 - Platinum Meetings (4) Thurs & Fri of El Tour Week 600 - 800 - Orientation Meetings (34-40) Thurs & Fri of El Tour Week 1,000 – 3,000 - EXPO – Indoor Thurs & Fri of El Tour Week 15,000 – 25,000 - EXPO – Outdoor @ start-finish line Sat, Ride Day, Nov 23, 2019 25,000 – 30,000 (a.k.a. El Tour Downtown Fiesta) - Ride Day Radio Show Sat, Ride Day, Nov 23, 2019 Entire Pima County Community - 100-Mile cycling event Sat, Ride Day, Nov 23, 2019 3,500 – 5,000 - 75-Mile cycling event Sat, Ride Day, Nov 23, 2019 600 – 800 - 50-mile cycling event Sat, Ride Day, Nov 23, 2019 1,500 – 2,000 - 28-mile cycling event Sat, Ride Day, Nov 23, 2019 500 – 600 - Fun Ride of 11, 5 & 1-mile Sat, Ride Day, Nov 23, 2019 600 – 1,000 - Bike Patrol Sat, Ride Day, Nov 23, 2019 200 – 300 - Grand Cycling Awards Ceremony Sat, Ride Day, Nov 23, 2019 600 – 1,000 Note: Event closes on Ride Day: 5:00 pm Marana Regular Council Meeting 08/06/2019 Page 25 of 300 - 6 – Perimeter Bicycling Association of America, Inc. is the 501(c)(3) nonprofit, tax-exempt organization responsible for the promotion and production of five major cycling events: El Tour de Tucson, El Tour de Mesa, Cochise County Cycling Classic, El Tour Loop the Loop and Indoor El Tour. In addition, Perimeter Bicycling publishes Tail Winds, a quarterly newspaper, Perimeter Bicycling Journal, an annual magazine and Perimeter E-News, an electronic publication distribute twice a month to 20,000 – 25,000 active members. Each Perimeter Bicycling event serves as a vehicle for nonprofit organizations to raise funds for themselves. In its 36-year history; Perimeter Bicycling has raised more than $96 million dollars for local and national charitable organizations. Perimeter Bicycling establishes world records in perimeter cycling and maintains a database of approximately 202,000 cyclists. Our motto is: “One learns more by going around than by cutting across.” I. To establish bicycling as a way to good mental and physical health as well as a means of recreation, transportation and physical achievement. II. To raise funds for other worthy non-profit 501(c)(3) charitable agencies. III. To aid in the economic development of the State of Arizona, as well as the event’s hosting city and county. IV. To establish Pima County as the bicycle center of America. V. To promote bicycling as a means of reducing air pollution. VI. To encourage individuals to adopt bicycling as a natural activity in their daily life. VII. To produce bicycling events for cyclists of all ages and abilities. Objectives of Perimeter Bicycling Association of America, Inc. What is Perimeter Bicycling? Marana Regular Council Meeting 08/06/2019 Page 26 of 300 - 7 – Benefits As an official Partner of the 2019 El Tour de Tucson, Town of Marana will receive the following benefits: (1) Official Event Sponsor Title: The Town of Marana will always be named in reference to the 25-mile start. The Town will be officially recognized accordingly: Town of Marana “Title Sponsor XXX” El Tour 25-Mile Event Presented by XXXX (2) Exclusivity: Perimeter Bicycling will not promote any other sponsor with the titles listed in Benefit #1. This title is reserved exclusively for Town of Marana. Perimeter Bicycling reserves the right to obtain a Title and Presenting sponsor for the 25-Mile Start but the event will remain named after the Town of Marana. (3) Tail Winds Advertising: You will be given a half page, full color ad in each of the following issues of Tail Winds: Autumn 2019, Winter 2020 (the El Tour Results issue), and Spring 2020 issues of Tail Winds. Tail Winds is a quarterly newspaper and features articles on all aspects of health, fitness, exercise, cycling, running, triathlons and other outdoor activities and events. Tail Winds is published by Perimeter Bicycling and has a distribution of 30,000 with a direct mailing of 12,500 and 17,500 distributed throughout retail shops and events in Arizona and surrounding states. Note: a) Sponsor must provide digital artwork. b) Deadline for advertising is the 5th of the month prior to month of publication. (4) Additional Tail Winds Promotion In addition to the ads above, Perimeter Bicycling will run articles in 2 issues of Tail Winds showing the public how the TOWN is a bicycle region and to encourage El Tour cyclists to return to the TOWN after El Tour during the Winter & Spring for training and/or touring. Tail Winds will also feature different activities that related to health & wellness to show how the TOWN is a “Health & Wellness Center”. (5) Website Promotion: Town of Marana logo and name will be displayed with the scrolling logos on Perimeter Bicycling’s home page and El Tour home page. (6) Separate Town of Marana Page on Website: Perimeter Bicycling will work with the Town to place a map on Perimeter’s website showing the Town’s map with bicycle paths, or link to the Town’s map Marana Regular Council Meeting 08/06/2019 Page 27 of 300 - 8 – showing all the bicycle related roads and activities. In addition, Perimeter will list in this section all annual activities in the Town that are related to Health & Wellness. (7) El Tour Route Map to accentuate the Town of Marana boundaries, differentiating it from Tucson, and Oro Valley to show that the TOWN is a separate geographical area in Pima County. This map will be displayed in Tail Winds, the Journal, the Perimeter website, and at times in Arizona Daily Star. In addition, 10,000-15,000 copies will be printed to distribute to cyclists, volunteers and supporters. (8) Event Packet Stuffing, two options: You may provide promotional material for the approximately 9,000 to 10,000 event packets that are given to cyclists and volunteers. Or, you have the option to choose to use El Tour’s Virtual Event Bag or both. Promotional pieces must be delivered to the Perimeter Bicycling packet stuffing site October 23, 2019. El Tour’s Virtual Goodie Bag: El Tour goes green!!!! In addition to the traditional packet stuffing, Perimeter is offering for our sponsors to take part in El Tour Virtual Goodie Bag. A special software platform will provide event participants an on-line link to retrieve offers and coupons provided by El Tour event sponsors. This eliminates the cost of printed paper and/or coupons. Your offer can be anything: a coupon promoting a product or service, a discount in another one of your events, enticement to come to your booth at El Tour EXPO, discounts at restaurants, theaters or retail shops. The promotion is endless – and trackable! Your Perimeter Rep will give you more details after you decide what type of promotion you would like this year: packet stuffing, virtual or both! (9) Complimentary Full Page ad in Ride Information Booklets You will be given a complimentary full page Black & White ad in the event’s Rules and Information Booklet (otherwise known as the Event Manual). Size of full page ad is 7.5 x 10 You are responsible for the production of this ad. Must be provided in digital format and delivered to Perimeter Bicycling by September 30, 2019. (10) Sponsor Banners: Town of Marana may provide up to four (4) of their own banners, which will be placed along El Tour’s main start/finish line in downtown Tucson. (11) Event Entries: Town of Marana will receive five (5) individual entries that can be used in any El Tour event distance including the Fun Ride. Entries can be given to employees, clients, and family members at your discretion. (12) El Tour Flags: Perimeter Bicycling has designed two (2) El Tour-Town of Marana Flags featuring the Town of Marana’s logo that will be placed at the following locations: (a) El Tour EXPO (b) El Tour Downtown Start-Finish Lines Notes: These flags may be used by the Town during the course of the year at other Town activities or functions. Only the Town’s name will appear on these flags. (13) The Town of Marana’s logo will appear on the El Tour jersey. Marana Regular Council Meeting 08/06/2019 Page 28 of 300 - 9 – (14) El Tour-Town of Marana Promotional Banner: Perimeter Bicycling will produce a special promotional banner to carry the full name of the TOWN’s official title. This banner will be hung: El Tour EXPO Downtown Tucson on Ride Day (15) Name on all El Tour applications next to the 25-Mile event (16) Start Line supplies and equipment to be paid by Perimeter Bicycling including: (a) Scaffolding, sound equipment, fencing, start-line banner, DJ and other equipment related to the construction of start-line (b) A Perimeter Bicycling staff or representative will be onsite at Marana start line for registration and participant customer service. (17) All medallions that are presented to the 25-mile finishers will carry the name of the TOWN on the ribbon that is attached to the 25-mile medallion (18) The 25-Mile event will start at 1 pm to allow cyclists from the other events to register and ride in the 25-mile event after they finish their other El Tour event (19) All 25-mile placement awards will be named after the TOWN: 1st through 4th place male and female (20) Special 25-Mile El Tour Start-line Banner produced and paid for by Perimeter and placed at the start of the event. (21) Mayor or another dignitary has the first right of refusal to start the event. (22) Additional Benefits (a) increase in direct spending to the TOWN’s restaurants, hotels, museums and other retail businesses (b) increase in recognition on a national level as a bicycle friendly community (c) post-event Tourism, especially in Winter & Spring (d) additional Recreational Activity for the TOWN community (e) becoming a recognizable partner in the production and success of America’s largest Perimeter Bicycling Event (23) Right of First Refusal: Town of Marana will have the right of first refusal as the Official Partner of the 25-mile Start in subsequent El Tours after 2019. For your Right of First Refusal to remain in effect, Perimeter Bicycling must know of your decision in writing to sponsor subsequent El Tours within 30 days after presentation of the 2020 “Official El Tour 25-mile Start” proposal. If your decision is not received in writing within this 30-day timeframe, Perimeter has the right to seek another Official 25-mile Start Sponsor and/or discontinue the 25-mile El Tour event. Marana Regular Council Meeting 08/06/2019 Page 29 of 300 - 10 – Requests Perimeter Bicycling makes the following requests of Town of Marana in 2019 for the benefits listed in this package to promote Town of Marana as a leading bicycling community through the 2019 El Tour: (1) Underwriting Fee: Pay $15,000 to Perimeter Bicycling to help with barricade expenses for the 2019 El Tour de Tucson. (2) Fee Payment Schedule: Fees are to be paid to Perimeter Bicycling according to a schedule agreed upon by the Town of Marana and Perimeter Bicycling as follows:  $7,500 due within 30 days of agreement signatures  $7,500 due 30 days in advance of the event date (3) Getting Involved: Promote your involvement with El Tour to your entire community through in-house newsletters, mailings or other event or activities; and encourage participation in El Tour as a sponsor, volunteer, spectator and/or contributor, and as a rider in the 25-mile event. (4) Promotional Tag-Ons: Promote El Tour by “tag-ons” to any existing media spots you run during the signing of this agreement until 12/31/19. (5) Contractual Credits: When promoting El Tour through your own media sources, please always include the following El Tour entities: Name of El Tour’s Main Event Title Sponsor (if any), presenting sponsor and event’s beneficiaries. Marana Regular Council Meeting 08/06/2019 Page 30 of 300 - 11 – Perimeter Bicycling – Town of Marana AGREEMENT Signature below constitutes an agreement between the Town of Marana and Perimeter Bicycling Association of America, Inc. as to this proposal dated 5/30/19 for Title Sponsorship Partner of the 2019 El Tour 25-Mile Event: Sallye Williams Date Perimeter Bicycling Association of America, Inc. Town of Marana Date Marana Regular Council Meeting 08/06/2019 Page 31 of 300    Council-Regular Meeting   C2        Meeting Date:08/06/2019   To:Mayor and Council From:Kristin Taft, Grants Manager Date:August 6, 2019 Strategic Plan Focus Area: Community Subject:Resolution No. 2019-064:  Relating to the Police Department; approving and authorizing the Town Manager to execute a High Intensity Drug Trafficking Area (HIDTA) grant agreement between the City of Tucson (COT) and the Town of Marana to receive funding under COT Grant Number HT-19-2915 (Kristin Taft) Discussion: For the 13th consecutive year, the Town of Marana has been awarded grant funding to participate with the Pima County/Tucson Metro Counter Narcotics Alliance (CNA). Funding for this program comes from the federal Anti-Drug Abuse Act of 1998 and the Office of National Drug Control Policy (ONDCP) Reauthorization Act of 1998. These legislative acts authorized the Director of ONDCP to designate areas within the United States which exhibit serious drug trafficking problems and harmfully impact other areas of the country as High Intensity Drug Trafficking Areas (HIDTA). The HIDTA Program provides federal resources to those areas to help eliminate or reduce drug trafficking and its harmful consequences. Law enforcement organizations within HIDTAs assess drug trafficking problems including transportation, distribution, and chronic use of illegal drugs and money laundering. In Southern Arizona, the HIDTA Program helps improve the effectiveness and efficiency of drug control efforts by facilitating cooperation between law enforcement agencies, supplying resources, coordinating information sharing, and implementing joint initiatives. The City of Tucson (COT) administers grant funding for these activities. A Marana Police Officer will be tasked to a grant-funded position under the HIDTA Program. The attached grant agreement provides the terms and conditions for the Marana Police Department in the HIDTA Program. Under the grant agreement, the Marana Regular Council Meeting 08/06/2019 Page 32 of 300 Town of Marana will be reimbursed salary, other employee-related expenses, and overtime up to $119,379 for services provided in coordination with CNA and funded under the HIDTA Program.  The term of the grant agreement is 24 months, from January 1, 2019 to December 31, 2020. The grant funded position will be included in the 2019-2020 budget. The Town is not required to provide match funding under this award. This award funds salary expense, employee related expenses and overtime at $119,379. Financial Impact: Fiscal Year:2020 Budgeted Y/N:Y Amount:$119,379 Staff Recommendation: Staff recommends approval of the Grant Agreement with the City of Tucson to receive funds under the High Intensity Drug Trafficking Areas Program. Suggested Motion: I move to adopt Resolution No. 2019-064; approving and authorizing the Town Manager to execute a High Intensity Drug Trafficking Area (HIDTA) grant agreement between the City of Tucson and the Town of Marana to receive funding under COT Grant Number HT-19-2915. Attachments Resolution No. 2019-064 HIDTA 29 Grant Agreement Marana Regular Council Meeting 08/06/2019 Page 33 of 300 00064592.DOCX /1 Marana Resolution No. 201 9 -064 - 1 - MARANA RESOLUTION NO. 201 9-064 RELATING TO THE POLICE DEPARTMENT; APPRO VING AND AUTHORIZING THE TOWN MANAGER TO EXECUTE A HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT AGREEMENT BETWEEN THE CITY OF TUCSON (COT ) AND THE TOWN OF MARANA TO RECEIVE FUNDING UNDER COT GRANT NUMBER HT-19-2915 WHEREAS the Anti -Drug Abuse Act of 1988 and the National Drug Control Policy Reauthorization Act of 1998 authorized the Director of the Office of National Drug Control Policy to designate areas wi thin the United States which exhibit serious drug trafficking problems as High Intensity Drug Trafficking Areas (HIDTA); and WHEREAS the Southern Arizona Counties of Cochise, La Paz, Maricopa, Mohave, Pima, Pinal, Santa Cruz, and Yuma are designated targ et areas under the HIDTA Program; and WHEREAS the HIDTA Program provides federal funding to designated HIDTA areas to help eliminate or reduce drug trafficking and its harmful consequences; and WHEREAS the City of Tucson has been awarded funding to c oordinate efforts and administer grants in the Southern Arizona Region on behalf of the Office of National Drug Control Policy under the HIDTA Program; and WHEREAS upon execution of a grant agreement, the City of Tucson will award grant funding to the Town of Marana to reimburse salary and employee -related expenses for a Marana Police Department officer for services provided in coordination with the Pima County/Tucson Metro Counter Narcotics Alliance (CNA) funded under the HIDTA Program between January 1, 2019 and December 31, 2020; and WHEREAS the Mayor and Council of the Town of Marana find it is in the best interests of its citizens to enter into this grant agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZ ONA, as follows: Marana Regular Council Meeting 08/06/2019 Page 34 of 300 00064592.DOCX /1 Marana Resolution No. 201 9 -064 - 2 - SECTION 1. The grant agreement between the Town of Marana and the City of Tucson attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Town Manager is hereby authorized and directed to e xecute it for and on behalf of the Town of Marana. SECTION 2. The Town’s Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the grant a greement. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of August, 2019. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 08/06/2019 Page 35 of 300 CITY OF TUCSON HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) PROGRAM GRANT AGREEMENT CFDA NUMBER: 95.001 AWARD NUMBER (FAIN): G1 9SA0007A COT Grant Number HT-19-2915 This Grant Agreement is made this 1ST day of January 2019 by and between the CITY OF TUCSON hereinafter called “CITY” and GOVERNING BODY , through Marana Police Department hereinafter called “GRANTEE”. The CITY enters into this Agreement pursuant to its authority under the provisions of A.R.S. § 11-951, et seq., and the City of Tucson’s Resolution number 21460, having satisfied itself as to the qualification of GRANTEE. NOW, THEREFORE, it is agreed between the parties as follows: 1. This Agreement will commence on January 1, 2019 and terminate on December 31, 2020. This Agreement expires at the end of the award period unless prior written approval for an extension has been obtained from the CITY. A request for extension must be received by the CITY sixty (60) days prior to the end of the award period. The CITY may approve an extension that further the goals and objectives of the program and shall determine the length of any extension within Office of National Drug Control Policy (ONDCP) guidelines. 2. The GRANTEE agrees that grant funds will be used for the Counter Narcotics Alliance (CNA). 3. The CITY will monitor the performance of the GRANTEE against goals and performance standards outlined in the grant application. Sub-standard performance as determined by the CITY will constitute non-compliance with this Agreement. The GRANTEE shall operate in a manner consistent with and in compliance with the provisions and stipulations of the approved grant application and this Agreement. If the CITY finds non-compliance, the GRANTEE will receive a written notice that identifies the area of non-compliance, and the appropriate corrective action to be taken. If the GRANTEE does not respond within thirty calendar days to this notice, and does not provide sufficient information concerning the steps tha t are being taken to correct the problem, the CITY may suspend funding; permanently terminate this Agreement and/or revoke the grant; Any deviation or failure to comply with the purpose and/or conditions of this Agreement without prior written CITY approva l may constitute sufficient reason for the CITY to terminate this Agreement; revoke the grant; require the return of all unspent funds, perform an audit of expended funds; and require the return of any previously spent funds which are deemed to have been s pent in violation of the purpose or conditions of this grant. 4. This Agreement may be modified only by a written amendment signed by the parties. Any notice given pursuant to this Agreement shall be in writing and shall be considered to have been given whe n actually received by the following addressee or their agents or employees: A. If to the City of Tucson: City of Tucson ATTN: Business Services Police Satellite Office (Finance) Tucson Police Department 270 S. Stone Ave. Tucson, Arizona 85701-1917 Marana Regular Council Meeting 08/06/2019 Page 36 of 300 High Intensity Drug Trafficking Area Grant Number HT-19-2915 Page 2 B. If to the GRANTEE: Marana Police Department Town of Marana 11555 W. Civic Center Drive Marana, AZ 85653 Attention: Jamsheed Mehta, Town Manager 5. The GRANTEE may make budget adjustments only after written notification with signature approval from Arizona HIDTA Director is provided to the CITY. A grant adjustment notice (GAN) will be issued to the GRANTEE notifying the GRANTEE of the approval. Adjustment s or reprogramming of the grantee’s budget in an initiative or any reprogramming between initiative and/or agencies; in any amount, require the approval of the Board, the AZ HIDTA Director, and/or the ONDCP in accordance with HIDTA Program Policy and Budge t Guidance. APPROVED LINE ITEM PROGRAM BUDGET Personnel: Salaries Fringe Benefits Overtime Travel Facilities Services Operating Expenses: Supplies Other Equipment TOTAL $71,907.00 $10,786.05 $36,686.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $119,379.05 See Attached Budget Detail Sheet 6. The GRANTEE understands that financial reports are required for reimbursement of expenditures. 7. Every payment obligation of the CITY under this Agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such obligation. If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by the CITY. No liabil ity shall accrue to the CITY in the event this provision is exercised, and the CITY shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph. 8. The GRANTEE understands that prior to the expe nditure of confidential funds; an authorized official of the GRANTEE shall sign a certification indicating that he or she has read, understands, and agrees to abide by all of the conditions pertaining to confidential fund expenditures as set forth in HIDTA Program Policy and Budget Guidance Para. 6.16.2 Marana Regular Council Meeting 08/06/2019 Page 37 of 300 High Intensity Drug Trafficking Area Grant Number HT-19-2915 Page 3 9. The GRANTEE certifies that it will comply with Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 2 CFR 200 as codified in 2 CFR Part 3603 and HIDTA Program Policy & Budget Guidance - October 1, 2016. Link: Electronic Code of Federal Regulations : http://www.ecfr.gov 10. The GRANTEE agrees to account for interest earned on Federal grant funds and shall remit interest earned in excess of the allowable amount as detailed in 2 CFR, Part 200, §200.305 Payment, and all unexpended grant funds to the CITY within 30 days after receipt of a written request from the CITY. The GRANTEE agrees to expend all encumbered funds within 90 days of expiration of this award. 11. The GRANTEE agrees to retain all books, account reports, files and other records, (paper and/or electronic) relating to this Agreement and the performance of this Agreement for no less than five (5) years from the last financial report submitted to the CITY. All such documents shall be subject to inspection and audit at reasonable times. 12. For the purpose of this grant, a capital expenditure is $5,000 or above. If the GRANTEE’S policy defines a capital expenditure as less than $5,000, the GRANTEE will use its own policy. The GRANTEE shall maintain a tracking system, in accordance with HIDTA Program Policy & Budget Guidance – October 1, 2016, Section 8, to account for all HIDTA purchased equipment, vehicles, and other items valued at $5000 or more per unit at the time of purchase. GRANTEE is encouraged to include lower cost, high-risk items, electronic devices and software, such as but not limited to digital cameras, palm pilots, and GPS devices in the tracking system. The GRANTEE agrees to abide by Section 8 , that those using HIDTA funds to purchase equipment must maintain a current inventory of HIDTA -purchased equipment and must provide that inventory to the HIDTA Director or an ONDCP employee, and/or the CITY upon request. A 100-percent physical inventory of HIDTA -purchased equipment must be conducted at least every two years. 13. The GRANTEE agrees to follow equipment disposition policies outlined in Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 2 CFR 200 Subpart D- Post Federal Award Requirements, §§ 310-316- Property Standards when the equipment is no longer needed for the grant program. Whe n no longer needed for the original program, the equipment may be used in other activities supported by the Office of National Drug Control Policy. Link: Electronic Code of Federal Regulations http://www.ecfr.gov The GRANTEE agrees that the purchasing agency shall comply with ONDCP HIDTA Program Policy & Budget Guidance – Oct 1, 2016 Section 8 in determining the end of the useful life and disposition of HIDTA purchased equipment. Purchasing agencies must retain documentation o f the disposition and provide to the HIDTA Director and the CITY. 14. The GRANTEE agrees to keep time and attendance sheets signed by the employee and supervisory official having first hand knowledge of the work performed by the grant funded employees. The GRANTEE agrees to track overtime expenses in accordance with ONDCP HIDTA Program Policy & Budget Guidance – October 1, 2016. Marana Regular Council Meeting 08/06/2019 Page 38 of 300 15. The GRANTEE will comply with the audit requirements of Uniform Administrative Requirements, Cost Principles, and Audit Require ments for Federal Awards, 2 CFR 200 Subpart F- Audit Requirements and provide the CITY with the audit report and any findings within 90 days of receipt of such finding. If the report contains no findings, the GRANTEE must provide notification that the audit was completed. Link: Electronic Code of Federal Regulations http://www.ecfr.gov Marana Regular Council Meeting 08/06/2019 Page 39 of 300 High Intensity Drug Trafficking Area Grant Number HT-19-2915 Page 4 16. The GRANTEE agrees that it will submit financial reports and supporting documentation to the CITY through the AZ HIDTA Finance Manager on forms/format provided by the CITY, documenting the activities supported by these grant funds. In the event reports are not received on or before the indicated date(s), funding will be suspended until such time as delinquent report(s) are received. These reports are submitted according to the following schedule: Report Period Month of: Due Date: Report Period Month of: Due Date: January 1 - 31 February 1 - 29 March 1 – 30 April 1 - 30 May 1 - 31 June 1 - 30 February 25 March 25 April 25 May 25 June 25 July 25 July 1 – 31 August 1 - 31 September 1 – 30 October 1 - 31 November 1 - 30 December 1 - 31 August 25 September 25 October 25 November 25 December 25 January 25 More frequent reports may be required for GRANTEES who are considered high risk. 17. All goods and services purchased with grant funds must be received by the GRANTEE within 60 days of the expiration of this award. 18. The GRANTEE agrees to check the U.S. General Service Administration (GSA) Excluded Parties Listing Service as required by Executive Order 12549, as defined in 2 CFR 180 et. seq. for individuals, agencies, companies and corporations debar red or suspended from doing business with recipients receiving Federal funds. The GRANTEE agrees not to do business with any individual, agency, company or corporation listed in the Excluded Parties Listing Service. Link: Excluded Parties Listing System http://sam.gov 19. No funds shall be used to supplant federal, state, county or local funds that would otherwise be made available for such purposes. Supplanting means the deliberate reduction of State or local funds because of the existence of Federal funds. 20. The GRANTEE assigns to the CITY any claim for overcharges resulting from antitrust violations to the extent that such violations concern materials or services applied by third parties to the GRANTEE in exchange for grant funds provided under this Agreement. 21. The parties agree to use arbitration in the event of disputes in accordance with the provisions of A.R.S. § 12-1501 et seq. 22. The laws of the State of Arizona apply to questions arising under this Agreement and any litigation regarding this Agreement must be maintained in Arizona courts, except as provided in paragraph 25 of this Agreement pertaining to disputes, which are subject to arbitration. 23. The GRANTEE understands that grant funds will not be released until all req uired reports and reversion of funds from the prior year grant are submitted to the CITY. Marana Regular Council Meeting 08/06/2019 Page 40 of 300 High Intensity Drug Trafficking Area Grant Number HT-19-2915 Page 5 24. The GRANTEE (as “Indemnitor”) agrees to indemnify, defend and hold h armless the CITY (as “Indemnitee”) from and against any and all claims, losses, liability, costs, or expenses, (including reasonable attorney’s fees) (hereinafter collectively referred to as “Claims”) arising out of bodily injury of any person (including death) or property damage, but only to the extent that such Claims which result in vicarious/derivative liability to the Indemnitee are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees, or volunteers. If the GRANTEE is a State agency or entity, this paragraph does not apply. 25. Unless GRANTEE’s contractor or subcontractor is a State agency or entity, GRANTEE shall cause its contractor(s) and subcontractors, if any to indemnify de fend, save and hold harmless the City of Tucson, any jurisdictions or agency issuing any permits for any work arising out of this Agreement, and their respective directors, officers, officials, agents, and employees from and against any and all claims, actions, liabilities, damages, losses or expenses (including court costs, attorneys’ fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as “Claims” ) for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of GRANTEE’S contractor or any of the directors, officers, agents, or employees or subcontractors of such contracto r. This indemnity includes any claim or amount arising out of or recovered under the Worker’s Compensation Law or arising out of the failure of such contractor to conform to any federal, state, or local law, statute, ordinance, rule, regulation or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligence or willful acts or omissions of the Indemnitee, be indemnified by such contractor from and against any and all claims. It is agreed that such contractor will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. Insurance requirements for any contractor used by GRANTEE are incorporated herein by t his reference and attached to this Agreement as Exhibit “A”. 26. If the GRANTEE is a governmental political subdivision, the GRANTEE will, to the extent possible and practical share criminal justice information with other authorized criminal justice agencies. The process control number (PCN) shall be used in accordance with A.R.S. § 41- 1750 when sharing data with other criminal justice agencies as electronic data systems are developed or improved. 27. The GRANTEE agrees to comply with the non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; 42 USC 3789(d); Title VI of the Civil Rights Act of 1964, as amended; Section 504, Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabiliti es Act (ADA) (1990); Title IX of the Education Amendments of 1972 and the Department of Justice regulations 28 CFR Part 54; The Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, G and I; Department of Justice regulations on disability discrimination 28 CFR Part 35; all applicable state laws of A.R.S. § 41-1463; and Executive Orders 2009-09 and 2007-21. These laws prohibit discrimination on the basis of race, color, religion, sex and national origin including Limited English Proficiency (LEP) in the delivery of service. In the event that a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing against the GRANTEE, th e GRANTEE will forward a copy of the findings to the Office for Civil Rights, Office of Justice Programs and the CITY. Marana Regular Council Meeting 08/06/2019 Page 41 of 300 High Intensity Drug Trafficking Area Grant Number HT-19-2915 Page 6 28. The GRANTEE agrees to formul ate and keep on file an Equal Employment Opportunity Plan (EEOP) (if grantee is required pursuant to 28 CFR 42.302). The GRANTEE certifies that they have forwarded to the Office for Civil Rights, Office of Justice Programs the EEOP, or certifications that they have prepared and have on file an EEOP, or that they are exempt from EEOP requirements. Failure to comply may result in suspension of the receipt of grant funds. Copies of all submissions such as certifications to or correspondence with the Office for Civil Rights, Office of Justice Programs regarding this requirement must be provided to the CITY by the GRANTEE. 29. The GRANTEE certifies to comply with the Drug-Free Workplace Act of 1988, and implemented in 2 CFR Part 182. 30. The GRANTEE agrees to comple te and keep on file, as appropriate, Immigration and Naturalization Form (I-9). This form is to be used by recipients to verify that persons are eligible to work in the United States. Additionally the GRANTEE ensures compliance with Executive Order 2005-30 federal immigration laws by state employers and contractors. 31. The GRANTEE agrees to notify the Arizona HIDTA Director and provide written notification to the CITY within ten (10) days in the event that the project official is replaced during the award period. 32. No rights or interest in this Agreement shall be assigned by GRANTEE without prior written approval of the CITY. 33. The GRANTEE agrees that no funds provided, or personnel employed under this Agreement shall be in any way or to any extent engaged in c onduct of political activities in violation of U.S.C. Title 5, Part II, Chapter 15, Section 1502. 34. The GRANTEE certifies that it presently has no financial interest and shall not acquire any financial interest, direct or indirect, which would conflict in a ny manner or degree with the performance of services required under this Agreement. 35. The Grantee certifies that no federal funds will be paid, by or on behalf of, to any person for influencing or attempting to influence an officer or employee of any agency , a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperativ e agreement, and for the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. If any funds other than Federal funds are paid or will be paid to any person for influencing or attempting to influence an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal award, grant loan, or cooperative agreement, the GRANTEE will complete and submit to the CITY Standard Form - LLL, “Disclosure Form to Re port Lobbying” in accordance with its instructions Marana Regular Council Meeting 08/06/2019 Page 42 of 300 High Intensity Drug Trafficking Area Grant Number HT-19-2915 Page 7 36. This Agreement is subject to cancellation pursuant to the provision of A.R.S. § 38-511. 37. This Agreement may be cancel led at the CITY’s discretion if not returned with authorized signatures to the CITY within 90 days of commencement of the award. 38. If any provision of this Agreement is held invalid the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall be in full force and effect. 39. Pursuant to resolution number 21460, adopted by Mayor and Council December 15, 2009, the Tucson Police Chief is authorized to enter into contracts and grant agreements for HIDTA operations. 40. In accordance with A.R.S. §41-4401, GRANTEE warrants compliance with E-Verify and all federal immigration laws and regulations relating to employees and warrants compliance with A.R.S. § 23-214A. Marana Regular Council Meeting 08/06/2019 Page 43 of 300 High Intensity Drug Trafficking Area Grant Number HT-19-2915 Page 8 IN WITNESS WHEREOF, the parties have made and executed the Agreement the day and year first above written. FOR GRANTEE: Signature Date Printed Name and Title Note: If applicable, the Agreement must be approved by the appropriate county supervisory board or municipal council and appropriate local counsel (i.e. county or city attorney). Furthermore, if applicable, resolutions and meeting minutes must be forwarded to the CITY w ith the signed Agreement. Approved as to form and authority to enter into Agreement: Legal counsel for GRANTEE Date Printed Name and Title INDICATE STATUTORY OR OTHER LEGAL AUTHORITY TO ENTER AGREEMENT BELOW: Appropriate A.R.S., ordina nce, or charter reference FOR CITY OF TUCSON: Chris Magnus, Chief of Police Date City of Tucson Police Department Principal Assistant City Attorney Date City of Tucson Police Department Approved as to form Marana Regular Council Meeting 08/06/2019 Page 44 of 300 CITY OF TUCSON GRANT AGREEMENT Insurance Requirements Exhibit “A” Insurance Requirements for Governmental Parties to a Grant Agreement: None. Insurance Requirements for Any Contractors Used by a Party to the Grant Agreement: (Note: this applies only to Contractors used by a governmental entity, not to the governmental entity itself.) The insurance requirements herein are minimum requirements and in no way limit the indemnity covenants contained in the Intergovernmental Agreement. The City of Tucson in no way warrants that the minimum limits contained herein are sufficient to protect the governmental entity or Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, his agents, representative s, employees or subcontractors, and Contractor and the governmental entity are free to purchase additional insurance. A. MINIMUM SCOPE AND LIMITS OF INSURANCE: Contractor shall provide coverage with limits of liability not less than those stated below. 1. Commercial General Liability – Occurrence Form Policy shall include bodily injury, property damage, personal injury and broad form contractual liability. • General Aggregate $2,000,000 • Products – Completed Operations Aggregate $1,000,000 • Personal and Advertising Injury $1,000,000 • Blanket Contractual Liability – Written and Oral $1,000,000 • Fire Legal Liability $50,000 • Each Occurrence $1,000,000 a. The policy shall be endorsed to include the following additional insured language: “The City of Tucson, it s departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees shall be named as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor". (Note that the other governmental entity(ies) is/are also required to be additional insured(s) and they should supply the Contractor with their own list of persons to be insured.) b. Policy shall contain a waiver of subrogation against the City of Tucson, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor. Marana Regular Council Meeting 08/06/2019 Page 45 of 300 Exhibit “A” Page 2 2. Automobile Liability Bodily Injury and Property Damage for any owned, hired, and/or non-owned vehicles used in the performance of this Contract. Combined Single Limit (CSL) $1,000,000 a. The policy shall be endorsed to include the following additional insured language: “The City of Tucson, its departme nts, agencies, boards, commissions, universities and its officers, officials, agents, and employees shall be named as additional insured with respect to liability arising out of the activities performed by or on behalf of the Contractor, involving automobiles owned, leased, hired or borrowed by the Contractor". (Note that the other governmental entity(ies) is/are also required to be additional insured(s) and they should supply the Contractor with their own list of persons to be insured.) 3. Worker's Compensation and Employers' Liability Workers' Compensation Statutory Employers' Liability Each Accident $500,000 Disease – Each Employee $500,000 Disease – Policy Limit $1,000,000 a. Policy shall contain a waiver of subrogation against the City of Tucson, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor. b. This requirement shall not apply to: Separately, EACH contractor or subcontractor exempt under A.R.S. 23-901, AND when such contractor or subcontractor executes the appropriate waiver (Sole Proprietor/Independent Contractor) form. B. ADDITIONAL INSURANCE REQUIREMENTS: The policies are to contain, or be endorsed to contain, the following provisions: 1. The City of Tucson, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees and the other governmental entity shall be additional insureds to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by the Contract. 2. The Contractor's insurance coverage shall be primary insurance with respect to all o ther available sources. 3. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Coverage provided by the Contractor shall not be lim ited to the liability assumed under the indemnification provisions of its Contract with the other governmental entity(ies) party to the Grant Agreement. Marana Regular Council Meeting 08/06/2019 Page 46 of 300 Exhibit “A” Page 3 C. NOTICE OF CANCELLATION: Each insurance policy required by the insurance p rovisions of this Contract shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days prior written notice has been given the City of Tucson. Such notice shall be sent directly to the GRANTEE and shall be sent by certified mail, return receipt requested. D. ACCEPTABILITY OF INSURERS: Insurance is to be placed with duly licensed or approved non - admitted insurers in the State of Arizona with an “A.M. Best” rating of not less than A - VII. The City of Tucson in no way warrants that the above -required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency. E. VERIFICATION OF COVERAGE: Contractor shall furnish the GRANTEE with certificates of insurance (ACORD form or equivalent approved by the State of Arizona) as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be recei ved and approved before work commences. Each insurance policy required by this Contract must be in effect at or prior to commencement of work under this Contract and remain in effect for the duration of the project. Failure to maintain the insurance policies as required by this Contract, or to provide evidence of renewal, is a material breach of contract. All certificates required by this Contract shall be sent directly to the GRANTEE. The City of Tucson’s project/contract number and project description are to be noted on the certificate of insurance. The City of Tucson reserves the right to require complete, certified copies of all insurance policies required by this Contract at any time . DO NOT SEND CERTIFICATES OF INSURANCE TO THE CITY OF TUCSON’S RISK MANAGEMENT SECTION. F. SUBCONTRACTORS: Contractor's certificate(s) shall include all subcontractors as insureds under its policies or Contractor shall furnish to the county or local government agency responsible separate certificates for each subcontr actor. All coverage’s for subcontractors shall be subject to the minimum requirements identified above. G. APPROVAL: Any modification or variation from the insurance requirements must have prior approval from the City of Tucson, Risk Management Section, whose decision shall be final. Such action will not require a formal contract amendment, but may be made by administrative action. H. EXCEPTIONS: In the event the Contractor or sub-contractor(s) is/are a public entity, then the Insurance Requirements shall not apply. Such public entity shall provide a Certificate of Self - Insurance. If the contractor or sub-contractor(s) is/are a City of Tucson agency, board, commission, or university then none of the above shall apply. Marana Regular Council Meeting 08/06/2019 Page 47 of 300 CITY OF TUCSON HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT AGREEMENT Confidential Funds Certification Exhibit “B” CONFIDENTIAL FUNDS CERTIFICATION 1) This is to certify that I have read, understand, and agree to abide by all of the conditions for confidential funds as set forth in the effective edition of the Office of National Drug Control Policy Financial and Administrative Guide. 2) My agency is/ is not authorized to disburse confidential funds. Grant Number: HT 19-2915 Date: _____________________ Signature: ___________________________ Authorized Official PROCEDURES Each project agency authorized to disburse confidential funds must develop and follow internal procedures, which incorporate the following elements: Deviations from these elements must receive prior approval of the ONDCP. 1. Imprest Fund. The funds authorized will be established in an imprest fund, which is controlled by a bonded cashier. 2. Advance of Funds: The supervisor of the unit to which the imprest funds is assigned must authorize all advances of funds for the P/I. Such authorization must specify the information to be received, the amount of expenditures, and assumed name of the informant. 3. Informant Files: Informant files are confidential files of the true names, assumed names, and signature of all informants to whom payments of confidential expenditures have been made. To the extent possible, pictures and/or fingerprints of the informant payee should also b e maintained. Refer to Informant Files “Documentation” (2) for a list of required documents for the informant files. 4. Cash Receipts. a. The cashier shall receive from the agent or officer authorized to make a confidential payment, receipt for cash adv anced to him/her for such purposes. b. The agent or officer shall receive from the informant payee a receipt for cash paid to him/her. Marana Regular Council Meeting 08/06/2019 Page 48 of 300 Exhibit “B” Page 2 5. Receipts for Purchase of Information . An Informant Payee Receipt shall identify the exact amo unt paid to and received by the informant payee on the date executed. Cumulative or anticipatory receipts are not permitted. Once the receipt has been completed no alteration is allowed. The agent shall prepare an Informant Payee Receipt containing the following information: a. The jurisdiction initiating the payment. b. A description of the information/evidence received. c. The amount of payment, both in numeral and word form. d. The date on which the payment was made. e. The signature of the inform ant payee. f. The signature of the case agent or officer making payment. g. The signature of at least one other officer witnessing the payment. h. The signature of the first-line supervisor authorizing and certifying the payment. 6. Review and Certification. The signed Informant Payee Receipt with a memorandum detailing the information received shall be forwarded to the agent or officer in charge. The agent or officer in charge shall compare the signatures. He/she shall also evaluate the information received in relation to the expense incurred, and add his/her evaluation remarks to the report of the agent or officer who made the expenditure from the imprest funds. The certification will be witnessed by the agent or officer in charge on the basis of the r eport and Informant Payee’s Receipt. 7. Reporting of Funds. Each project shall prepare a reconciliation report on the imprest funds on a quarterly basis. Information to be included in the reconciliation report will be the assumed name of the informant pa yee, the amount received, the nature of the information given, and to what extent this information contributed to the investigation. Recipients/subrecipients shall retain the reconciliation report in their files and shall be available for review unless the State agency requests that the report be submitted to them on a quarterly basis. 8. Record and Audit Provisions. Each project and member agency must maintain specific records of each confidential fund transaction. At a minimum, these records must consist of all documentation concerning the request for funds, processing (to include the review and approve/disapprove), modifications, closure or impact material, and receipts and/or other documentation necessary to justify and track all expenditures. Refer to Informant Files Documentation (2) for a list of documents, which should be in an informant’s file. In projects where funds are used for confidential expenditures, it will be understood that all of the above records, except the true name of the informant, are subject to the record and audit provision of grantor agency legislation. Marana Regular Council Meeting 08/06/2019 Page 49 of 300 Exhibit “B” Page 3 INFORMANT FILES 1. Security. A separate file should be established for each informant for accounting purposes. Informant files should be kept in a sepa rate and secure storage facility, segregated from any other files, and under the exclusive control of the supervisor or an employee designated by him/her. The facility should be locked at all times when unattended. Access to these files should be limited to those employees who have a necessary legitimate need. An informant file should not leave the immediate area except for review by a management official or the handling agent, and should be returned prior to the close of business hours. Sign -out logs shoul d be kept indicating the date, informant number, time in and out, and the signature of the person reviewing the file. 2. Documentation. Each file should include the following information: a. Informant Payment Record - kept on top of the file. This reco rd provides a summary of informant payments. b. Informant Establishment Record - including complete identifying and location data, plus any other documents connected with the informant’s establishment. c. Current photograph and fingerprint card (or F BI/State Criminal Identification Number). d. Agreement with cooperating individual. e. Receipt for P/I. f. Copies of all debriefing reports (except for the Headquarters case file). g. Copies of case initiation reports bearing on the utilization of the informant (except for the Headquarters case file). h. Copies of statements signed by the informant (unsigned copies will be placed in appropriate investigative files). i. Any administrative correspondence pertaining to the informant, includi ng documentation of any representations made on his behalf or any other nonmonetary considerations furnished. j. Any deactivation report or declaration of any unsatisfactory informant. INFORMANT MANAGEMENT AND UTILIZATION All persons who will be utilized as informants should be established as such. The specific procedures required in establishing a person as an informant may vary from jurisdiction to jurisdiction but, at a minimum, should include the following: 1. Assignment of an informant cod e name to protect the informant’s identity. Marana Regular Council Meeting 08/06/2019 Page 50 of 300 Exhibit “B” Page 4 2. An informant code book controlled by the supervisor or his/her designee containing: a. Informant’s code number. b. Type of information (i.e. informant, defendant/informant, restr icted use/informant). c. Informant’s true name. d. Name of establishing law enforcement officer. e. Date the establishment is approved. f. Date of deactivation. 3. Establish each informant file in accordance with Informant File Documentation (2). 4. For each informant in an active status, the agent should review the informant file on a quarterly basis to assure it contains all relevant and current information. Where a MATERIAL face that was earlier reported on the Establishment Record is no long er correct (e.g. a change in criminal status, means of locating him/her, etc.), a supplemental establishing report should be submitted with the correct entry. 5. All informants being established should be checked in all available criminal indices. If verified FBI number is available, request a copy of the criminal records from the FBI. Where a verified FBI number is not available, the informant should be fingerprinted with a copy sent to the FBI and appropriate State authorities for analysis. The informant may be utilized on a provisional basis while awaiting a response from the FBI. PAYMENTS TO INFORMANTS 1. Any person who is to receive payments charged against PE/PI funds should be established as an informant. This includes a person who may otherwise be categorized as sources of information or informants under the control of another agency. The amount of payment should be commensurate with the value of services and/or information provided and should be based on the following factors: a. The level of the targeted individual, organization or operation. b. The amount of the actual or potential seizure. c. The significance of the contribution made by the informant to the desired objectives. 2. There are various circumstances in which payments to info rmants may be made. a. Payments for Information and/or Active Participation. When an informant assists in developing an investigation, either through supplying information or actively participating in it, he/she may be paid for his/her service either i n a lump sum or in staggered payments. Payments for information leading to a seizure, with no defendants, should be held to a minimum. Marana Regular Council Meeting 08/06/2019 Page 51 of 300 Exhibit “B” Page 5 b. Payment for Informant Protection. When an informant needs protection, law enforcement agencies may absorb the expenses of relocation. These expenses may include travel for the informant and his/her immediate family, movement and/or storage of household goods, and living expense at the new location for a specific period of time (not to exceed 6 months). Payments should not exceed the amounts authorized by law enforcement employees for these activities. c. Payments to Informants of Another Agency. To use or pay another agency’s informant, he/she should be established as an informant. These payments should not be a duplication of a payment from another agency; however, sharing a payment is acceptable. 3. Documentation of payments to informants is critical and should be accomplished on a Informant Payee Receipt. Payment should be made and witnessed b y two law enforcement officers and authorized payment amounts should be established and reviewed by at least the first line supervisory level. In unusual circumstances, a non - officer employee or an officer of another law enforcement agency may serve as witness. In all instances, the original signed receipt must be submitted to the project director for review and record keeping. ACCOUNTING AND CONTROL PROCEDURES Special accounting and control procedures should govern the use and handling of confidential expenditures, as described below: 1. It is important that expenditures which conceptually should be charged to PE/PI/PS are so charged. It is only in this manner that these funds may be properly managed at all levels, and accurate forecasts of projected needs be made. 2. Each law enforcement entity should apportion its PE/PI/PS allowance throughout its jurisdiction and delegate authority to approve PE/PI/PS expenditures to those offices, as it deems appropriate. 3. Headquarters management should estab lish guidelines authorizing offices to spend up to a predetermined limit of their total allowance on any buy or investigation. 4. In exercising his/her authority to approve these expenditures, the supervisor should consider: a. The significance of the investigation. b. The need for this expenditure to further the investigation. c. Anticipated expenditures in other investigations. Marana Regular Council Meeting 08/06/2019 Page 52 of 300 Exhibit “B” Page 6 Funds for PE/PI/PS expenditures should be advanced to the officer for a specific purpose. If they are not expended for that purpose, they should be returned to the cashier. They should not be used for another purpose without first returning them and repeating the authorization and advance process based on the new purpose. 5. Funds for PE/PI/PS expenditure should be advanced to the officer on suitable receipt form. Informant Payee Receipt or a voucher for P/E should be completed to document funds used in the purchase of evidence or funds paid or advanced to an informant. 6. For security purposes there should be a 48 -hour limit on the amount of time funds advanced for PE/PI/PS expenditure may be held outstanding. If it becomes apparent at any point within the 48 -hour period that the expenditure will not materialize, the funds should be return ed to the cashier as soon as possible. An extension of the 48 - hour limit may be granted by the level of management that approved the advance. Factors to consider in granting such an extension are: a. The amount of funds involved. b. The degree of secur ity under which the funds are being held. c. How long an extension is required. d. The significance of the expenditure. Such extensions should be limited to 48 hours. Beyond this, the funds should be returned and readvanced, if necessary. Regardless o f circumstances, within 48 hours of the advance, the cashier should be presented with either the unexpended funds, an executed Informant Payee Receipt or purchase of evidence or written notification by management that an extension has been granted. 7. P/S expenditures, when not endangering the safety of the officer or informant, need to be supported by canceled tickets, receipts, lease agreements, etc. If not available, the supervisor, or his immediate subordinate, must certify that the expenditures were necessary and justify why supporting documents were not obtained. Marana Regular Council Meeting 08/06/2019 Page 53 of 300    Council-Regular Meeting   C3        Meeting Date:08/06/2019   To:Mayor and Council From:Jane Fairall, Deputy Town Attorney Date:August 6, 2019 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2019-065: Relating to the Police Department; approving and authorizing the Mayor to execute the First Amendment to an intergovernmental agreement with Pima County for funding of the Pima County Mapping Administrator Position (Jane Fairall) Discussion: The Emergency Telecommunication Service Revolving Fund (the “9-1-1 Revolving Fund”) was established pursuant to A.R.S § 41-704 and is funded through the telecommunication service excise tax established by A.R.S. § 42-5252 and the prepaid wireless telecommunications E911 excise tax established by A.R.S. § 42-5402. A.R.S. § 41-704(B)(2) provides that 2% of the amounts deposited annually in the 9-1-1 Revolving Fund for administrative costs may be allocated for local network management of contracts with public safety answering points for emergency telecommunication services. To qualify for funding from the 9-1-1 Revolving Fund, the public or private safety agencies in a specific geographic area to be served must establish a 9-1-1 planning committee to develop and submit a service plan; as a part of the service plan, a planning committee chairperson (also known as the 9-1-1 System Manager or Coordinator) must be named to provide all required administrative functions for the 9-1-1 planning committee. Several public and private safety agencies in Pima County have established a 9-1-1 planning committee (the “Pima County 9-1-1 Committee” or “Pima 9-1-1”) and both the County and the Town are members of the Pima 9-1-1. The current Pima 9-1-1 System Manager is an employee of the Town (Sheila Blevins). As such, the state of Arizona disburses monies from the 9-1-1 Revolving Fund to the Town on a quarterly basis to be managed and disbursed by the Pima 9-1-1 System Manager. Monies from the 9-1-1 Revolving Fund that are disbursed to the 9-1-1 System Manager Marana Regular Council Meeting 08/06/2019 Page 54 of 300 may be used for the following purposes: To defray the personnel costs associated with the 9-1-1 System Manager and Master Street Address Guide (MSAG) Coordinator. To acquire equipment for use by the 9-1-1 System Manager and/or MSAG Coordinator in support of their tasks. To fund the acquisition of upgraded software for the maintenance/management of the MSAG. To provide training or educational assistance for the 9-1-1 System Manager and the MSAG Coordinator to further their roles in providing 9-1-1 services.  As of July 1, 2018, the Pima County Mapping Administrator for the Pima 9-1-1 is employed by the County. As a result, the Town and the County entered into an IGA, also effective July 1, 2018, to set the terms and conditions for the funding of the Mapping Administrator position.  Specifically, at the end of each fiscal year covered by the IGA, the County will invoice the Town for compensation and employee related costs (ERE) for the Mapping Administrator position. The Town will then reimburse the County for those costs using only funds from the 9-1-1 Revolving Fund.  Up to 90% of the 9-1-1 Revolving Fund monies may be used for the Mapping Administrator salary and ERE, with the other 10% of the funds reserved for the other approved purposes, noted above. If the allocated Revolving Fund monies do not cover the full cost of the Mapping Administrator's salary and ERE, the County will be responsible for making up the difference.  The initial term of the proposed IGA was for one year, through June 30, 2019, but with the possibility of four one-year extensions. The proposed IGA amendment will renew the IGA for another year, through June 30, 2020, on the same terms and conditions as the original IGA. Financial Impact: The funding of the Pima County Mapping Administrator position comes entirely from the 9-1-1 Revolving Fund monies provided by the State of Arizona and passed through from the Town to the County. The Town has budgeted $59,000 for the pass through of the collected funds related to this position for fiscal year 2019/2020. Staff Recommendation: Staff recommends approval of the IGA extension. Suggested Motion: I move to adopt Resolution No. 2019-065, approving and authorizing the Mayor to execute the First Amendment to an intergovernmental agreement with Pima County for funding of the Pima County Mapping Administrator Position. Attachments Resolution No. 2019-065 Exhibit A - First Amendment to IGA Marana Regular Council Meeting 08/06/2019 Page 55 of 300 00064539.DOCX /1 Marana Resolution No. 201 9 -065 - 1 - MARANA RESOLUTION NO. 201 9-065 RELATING TO THE POLICE DEPARTMENT; APPRO VING AND AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO AN INTERGOVERNMENTAL AGREEMENT WITH PIMA CO UNTY FOR FUNDING OF THE PIMA COUNTY MAPPING ADMINISTRATOR POSITION WHEREAS the Emergency Telecommunication Service Revolving Fund (the “9-1-1 Revolving Fund”), established pursuant to A.R.S § 41-704, provides funding for a mapping administrator for Pima County safety agencies ; and WHEREAS Pima County employs the mapping administrator for Pima County safety agencies and the Town of Marana is the custodian of 9 -1-1 Revolving Fund monies for Pima County; and WHEREAS effective July 1, 2018, the County and the Town entered into an intergovernmental agreement to set forth their agreement regarding the funding of the Pima County Mapping Administrator position; and WHEREAS the County and the Town are empowered by A.R.S. §§ 11-951 through 11-954 to enter into intergovernmental agreements in order to jointly exercise their governmental authority; and WHEREAS the Mayor and Council of the Town of Marana f ind it is in the best interests of the public to extend the term of the agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The first amendment to intergovernmental agreement between Pima County and the Town of Marana for funding of the Pima County Mapping Administrator Position, attached to and incorporated by this reference in this resolution as Exhibit A, is hereby approved and the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana. SECTION 2. The Town’s Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the agreement. Marana Regular Council Meeting 08/06/2019 Page 56 of 300 00064539.DOCX /1 Marana Resolution No. 201 9 -065 - 2 - PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 6th day of August, 2019. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 08/06/2019 Page 57 of 300 Exhibit A to Marana Resolution No. 2019-065 00064388.DOC /1 - 1 - F IRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN PIMA COUNTY AND THE TOWN OF MARANA FOR FUNDING OF PIMA COUNTY MAPPING ADMINISTRATOR P OSITION This First Amendment to Intergovernmental Agreement (this “First Amendment”) is entered into by and between Pima County, a political subdivision of the state of Arizona (the "County"), and the Town of Marana, an Arizona municipal corporation (the "Town"). The County and the Town are sometimes collectively referred to as the “Parties,” each of which is sometimes individually referred to as a “Party.” Recitals A. Effective July 1, 201 8, the Parties entered into an intergovernmental agreement for the purpose of setting forth the responsibilities of the Parties for the funding of the Pima County Mapping Administrator position (the “Agreement”). B. Paragraph 5(a) of the Agreement provides that the initial term of the Agreement was for one year beginning July 1, 2018 and ending June 30, 2019 , and that the Parties have the option to extend the term for four additional one -year periods, by formal written amendment executed by the Parties . C. The Parties now desire to amend the Agreement to extend the term of the Agreement for the first of four possible one -year periods. Agreement NOW THEREFORE, the Parties, pursuant to the above recitals which are incorporated herein, and in consideration of the matters and things hereinafter set forth, do mutually agree as follows: 1. Term. The Agreement is hereby amended to extend the term of the Agreement for the first of four possible one -year periods, from July 1, 2019 through June 30, 2020. 2. Effective Date. The effective date of this First Amendment is July 1, 2019. 3. Other Terms and Provisions. All other terms and provisions of the Agreement not specifically changed by this First Amendment shall re main in effect and be binding upon the Parties as provided for in the Agreement. [S IGNATURE PAGE FOLLOWS] Marana Regular Council Meeting 08/06/2019 Page 58 of 300 Exhibit A to Marana Resolution No. 2019-065 00064388.DOC /1 - 2 - IN WITNESS WHEREOF, the County has caused this First Amendment to be executed by the Chair of the Pima County Board of Supervisors, upon resolution and attested to by the Clerk of the Board; and the Town has caused this First Amendment to be executed by the Mayor upon resolution of the Mayor and Council and att ested to by its Clerk. PIMA COUNTY Richard Elias Chairman, Board of Supervisors _____________ Date ATTEST: Julie Castañeda, Clerk of the Board APPROVED AS TO FORM: Deputy County Attorney APPROVED AS TO CONTENT: Department Head TOWN OF MARANA Ed Honea Mayor _____________ Date ATTEST: Cherry Lawson, Town Clerk APPROVED AS TO FORM: Town Attorney Marana Regular Council Meeting 08/06/2019 Page 59 of 300      Council-Regular Meeting   C4        Meeting Date:08/06/2019   To:Mayor and Council From:Brian Varney, Senior Planner Date:August 6, 2019 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2019-066: Relating to Development; approving a final plat for Del Webb at Dove Mountain IX, Lots 596-625 and Common Area "A" (Drainage/Open Space) located south of Dove Mountain Boulevard and west of Del Webb Trail (Brian D. Varney) Discussion: Request Baker & Associates Engineering, Inc., representing the property owner, is requesting approval of a final plat for Del Webb at Dove Mountain IX, consisting of Lots 596-625 and Common Area "A" (Drainage/Open Space). The 8.19 acre subdivision consists of 30 residential lots, 1.3 acres of drainage/open space, and .2 miles of new public streets. This plat is a resubdivision of Block 1 of Del Webb at Dove Mountain III, Lots 129 and 168-234, Blocks 1 and 2, as well as a portion of Section 22, Township 11S, Range 12E, and is the ninth final plat for the Del Webb at Dove Mountain active adult community.  Zoning and Land Use The zoning of the proposed subdivision is F (Dove Mountain Specific Plan), and the land use designation is LDR (Low Density Residential). The LDR designation requires a minimum lot size of 6,000 square feet. The minimum lot size proposed by this plat is 6,245 square feet, the maximum is 10,431 square feet, and the average lot size is 7,955 square feet. The gross density proposed is 3.75 residences per acre. Access and Traffic Circulation The proposed subdivision is accessed from Dove Mountain Boulevard via Del Webb Trail. The streets within this subdivision are proposed to be dedicated to the Town Marana Regular Council Meeting 08/06/2019 Page 60 of 300 as public streets. Staff Recommendation: Staff has reviewed the proposed plat against the requirements of the Dove Mountain Specific Plan, the Marana Land Development Code and the Marana General Plan. The proposed plat is in substantial conformance with all required development regulations, and staff recommends approval. Suggested Motion: I move to adopt Resolution No. 2019-066, approving the Final Plat for Del Webb at Dove Mountain IX, Lots 596-625 and Common Area "A" (Drainage/Open Space). Attachments Resolution No. 2019-066 PRV1901-001 DWDM IX FP PRV1901-001 DWDM IX FP Map PRV1901-001 DWDM IX FP App Marana Regular Council Meeting 08/06/2019 Page 61 of 300 Marana Resolution No. 2019-066 MARANA RESOLUTION NO. 201 9-066 RELATING TO DEVELOPMENT; APPROVING A FINAL PLAT FOR DEL WEBB AT DOVE MOUNTAIN IX , LOTS 596-625 AND COMMON AREA “A” (DRAINAGE/OPEN SPACE ) LOCATED SOUTH OF DOVE MOUNTAIN BOULEVARD AND WEST OF DEL WEBB TRAIL WHEREAS the amended Dove Mountain Specific Plan was approved by the Town Council on October 17, 2017 by the adoption of Ordinance No. 2017.020; and WHEREAS Baker and Associates Engineering, Inc., representing the property owner, has applied for approval of a fina l plat for Del Webb at Dove Mountain IX , consisting of Lots 596-625 and Common Area “A” (Drainage/Open Space) on 8.19 acres, and located south of Dove Mountain Boulevard and west of Del Webb Trail , within Section 22, Township 11 South, Range 12 East; and WHEREAS the Marana Mayor and Town Council , at its August 6, 2019 meeting, determined that the Final Plat for Del Webb at Dove Mountain IX , Lots 596-625 and Common Area “A” (Drainage/Open Space) should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA that the Final Plat for Del Webb at Dove Mountain IX , Lots 596-625 and Common Area “A” (Drainage/Open Space) is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of August, 2019. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 08/06/2019 Page 62 of 300 Marana Regular Council Meeting 08/06/2019 Page 63 of 300 Marana Regular Council Meeting 08/06/2019 Page 64 of 300 Marana Regular Council Meeting 08/06/2019 Page 65 of 300 © Latitude Geographics Group Ltd. 0.6 THIS MAP IS NOT TO BE USED FOR NAVIGATION WGS_1984_Web_Mercator_Auxiliary_Sphere Miles0.6 Notes PRV1901-001: Del Webb at Dove Mountain IX Legend This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. 0.280 1:18,055 PRV1901-001: Del Webb at Dove Mountain IXTown of Marana Planning Marana Addresses Marana Town Limits Parcels (Black) Del Webb @ DM IX Tortolita Preserve Dove Mountain Blvd.Del Webb TrailSecret Springs DriveDo v e M o u n t a i n B l v d Tortolita Preserve Marana Regular Council Meeting 08/06/2019 Page 66 of 300 Marana Regular Council Meeting 08/06/2019 Page 67 of 300      Council-Regular Meeting   C5        Meeting Date:08/06/2019   To:Mayor and Council From:Jane Fairall, Deputy Town Attorney Date:August 6, 2019 Strategic Plan Focus Area: Community Strategic Plan Focus Area Additional Info: Principle 2: WE WILL APPROACH CITIZEN ENGAGEMENT IN UNIQUE AND CREATIVE WAYS. Initiative 2: Evaluate and continuously improve the Marana Citizens’ Forum and ensure Forum recommendations are implemented wherever possible. Subject:Resolution No. 2019-067: Relating to Boards, Commissions and Committees; revising the procedures for the Marana Citizens’ Forum relating to establishing a quorum and the removal of delegates (Jane Fairall) Discussion: On November 5, 2011, Council approved the creation of the Marana Citizens' Forum as a special committee of the Town to increase citizen engagement and foster community participation in Town functions and activities. As the Forum program has matured over the years, staff has periodically presented Council with minor revisions to provide flexibility within the structure of the program. Currently, the rules for the Marana Citizens' Forum, as adopted by Council, do not specify how many members of the Forum must be present to constitute a quorum. Since the rules are silent, by the general rules of parliamentary procedure, a majority of Forum members must be present to have a quorum. The Forum is made up of no less than 15 and no more than 32 delegates, with the optimal number being 25 delegates. At times, it has been difficult to achieve a quorum. If approved, this item will change the Forum rules to provide that 10 delegates will constitute a quorum for the purposes of conducting Forum business. Marana Regular Council Meeting 08/06/2019 Page 68 of 300 Additionally, staff is proposing a minor change regarding when a Forum delegate will be removed for poor attendance. The current rules state that a delegate "shall" be considered to have resigned if he or she is absent without prior excuse from two or more meetings during a Forum session. Staff proposes changing the word "shall" to "may" in order to provide the Town and delegates with more flexibility in extraordinary circumstances, as follows: "Forum delegates who are absent without prior excuse from two or more meetings during a Forum session shall may be considered to have resigned and the Town shall not be required to take any further action to remove the delegate from the Forum membership." Staff Recommendation: Staff recommends approval of the changes to the Forum procedures. Suggested Motion: I move to adopt Resolution No. 2019-067, revising the procedures for the Marana Citizens’ Forum relating to establishing a quorum and the removal of delegates. Attachments Resolution No. 2019-067 Exhibit A - Revised Quorum Procedures Marana Regular Council Meeting 08/06/2019 Page 69 of 300 Marana Resolution No. 2019 -067 MARANA RESOLUTION NO. 201 9-067 RELATING TO BOARDS, COMMISSIONS AND COMMITTEES; REVISING THE PROCEDURES FOR THE MARANA CITIZENS’ FORUM RELATING TO ESTABLISHING A QUORUM AND THE REMOVAL OF DELEGATES WHEREAS Section 2-6-1(A) of the Marana Town Code authorizes the Town Council to create and dissolve those special and standing boards, commissions and committees as the Council deems necessary; and WHEREAS Section 2-6-1(B) of the Marana Town Code provides that the resolution creating a board, commission or committee shall describe the powers and purpose of the board, commission or committee and shall establish the number and qualifications of its membership; and WHEREAS Section 2-6-2 of the Marana Town Code sets forth procedures for the application, recommendation, appointment and removal of board, commission or committee members; and WHEREAS Section 2-6-4 of the Marana Town Code provides that the Council may by resolution modify any of the procedures set forth in Section 2 -6-2 related to the application, recommendation, appointment and removal of board, commission or committee members for a particular board, commission or committee; and WHEREAS on November 15, 2011, the Town Council adopted Resolution No. 2011-100, creating the Marana Citizens’ Forum as a special committee of the Town of Marana, describing the powers, purposes and processes of the Forum, establishing the number and qualification of its membership, the terms of office of its members, and the application, recommendation, appointment and removal processes for Forum members; and WHEREAS on March 5, 2013, November 18, 2014, December 1, 2015, and August 2, 2016, the Town Council adopte d revisions to the Forum process, including revising the number of members, the member terms of office, and the appointment, reappointment and removal procedures for Forum members; and WHEREAS the Town Council finds that revising the procedure s for the Marana Citizens’ Forum as addressed by this resolution is in the best interest of the Town. Marana Regular Council Meeting 08/06/2019 Page 70 of 300 Marana Resolution No. 2019 -067 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. The procedure s for the Marana Citizens’ Forum are hereby revised as set forth in Exhibit A, attached to and incorporated by this reference in this resolution with deletions shown with strikeouts and additions shown with double underlining . SECTION 2. The Town’s Manager and staff are hereby directed and a uthorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of this resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of August, 2019. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 08/06/2019 Page 71 of 300 Exhibit A to Marana Resolution No. 2019-067 00064534.DOC /1 1 Marana Citizens’ Forum Introduction The Marana Citizens ’ Forum is created as a special committee of the Town of Marana. The Forum is an innovative method fo r increasing citizen engagement and fostering community participat ion in Town functions and activities in an effective and sustainable manner. Powers The Marana Citizens’ Forum is vested with the power t o discuss, develop and recommend to the Town Council feasible action plans and solutions that are aligned with the T own’s Strategic Plan regarding Town-wide, multi-disciplinary issues. Purpose The purpose of the Marana Citizens’ Forum is as follows: • Increase citizen engagement in a meaningful way • Advise the Council by developing and recommending action plans on issues of importance • Tie ideas and action plans to the Strategic Plan • Establish a positive feedback loop between the Forum delegate s and the Council Number and Qualifications of Delegate s To maximize the efficiency and effectiveness of the Marana Citizens’ Fo rum, it is important to have a Forum fully staffed with delegates who have diverse areas of interest. To that end, the Forum will have no less than 15 and no more than 32 delegate s at any one time, with the optimal number being 25 delegate s. These delegates will come from various backgrounds and experiences and m ay be: • Marana residents or business owners ; or Marana Regular Council Meeting 08/06/2019 Page 72 of 300 Exhibit A to Marana Resolution No. 2019-067 00064534.DOC /1 2 • Appointees of Marana Regional Partners : the Marana Unified School District (MUSD), the Northwest Fire District (NWFD), the Marana Health Center (MHC), and the Marana Chamber of Commerce (these appointees may be Marana residents or business owners, but are not required to be); or • Other experts from the greater Marana area At least 51% of the membership of the Forum at any one time must be made up of Marana residents and business owners. Quorum A quorum shall consist of ten delegates. Delegate Terms of Office Each Marana Citizens’ Forum delegate shall serve for six consecutive Forum sessions of approximately 12 weeks each, and is subject to reappo intment as set forth herein. Councilmember and Marana Regional Partner Delegate Appointment and Reappointment Each Town of Marana Councilmember may appoint up to two delegates and each Marana Regional Partner may appoint one delegate to the Forum. These Councilmember and R egional Partner appointees do not require consideration and approval by the full Town Council. Councilmember and Regional Partner delegates can be reappointed for an indefinite number of consecutive terms. Councilmember and Regional P artner appointments can be made at any time there is a vacancy. If made during an active session, the appointment will become effective at the next scheduled session. If a Councilmember or Regional Partner delegate resigns, is removed or declines reappointment, the Town will seek a new appointment from the Regional Partner or Councilmember that appointed the resigning /removed delegate . If a Councilmember or a Regional Partner does not appoint a delegate or, when applicable, a replacement delegate, the Town may fill that spot through the at-large appointment process described below. Marana Regular Council Meeting 08/06/2019 Page 73 of 300 Exhibit A to Marana Resolution No. 2019-067 00064534.DOC /1 3 At-Large Delegate Appointment and Reappointment To reach and maintain the optimal goal of 25 delegates, the Town may appoint delegates through an at-large appointment process open to the public. The Town will solicit applications that will be reviewed and vetted by the Town Manager and/or designated staff. The Town Manager or designee will then make at -large appointments to the Forum based on qualifications and intere sts of the applicants. At-large delegate appointments do not require consideration and approval by the Town Council. The Town Manager or designated staff may make at-large delegate appointments at any time as determined necessary to maintain the appropri ate number and diversity of delegates as described herein . Upon the expiration of an at-large delegate’s term, the delegate may reapply to serve on the Forum under the at-large appointment process described in this section. The reappointment of an at-large delegate is not automatic; the delegate must re-apply and be selected as described in this section. Removal of Delegates Removal of Marana Citizens’ Forum delegates shall be in accordance with Section 2-6-2(G) of the Marana Town Code, except for rem oval of delegates due to poor attendance at Forum meetings. Forum delegates who are absent without prior excuse from two or more meetings during a Forum session shall may be considered to have resigned and the Town shall not be required to take any further action to remove the delegate from the Forum membership. Marana Citizens’ Forum Process Forum Sessions Town staff will determine the number of Forum sessions that will take place in any given calendar year, but generally it will be three sessions per year. Each Forum session will encompass five meetings of the full membership as described herein and will take approximately 12 weeks to complete . Topic Selection Potential Forum session topics may be submitted by Forum delegate s, Councilmembers, and To wn staff. The Council will consider potential topics, and each Councilmember will be asked at a Council meeting to identify his or her top three preferences which will then be tallied to arrive at the top three topics. Town staff will prepare a brief bac kground report for each of the three Council-approved topics to provide context for the topics, and the topics and Marana Regular Council Meeting 08/06/2019 Page 74 of 300 Exhibit A to Marana Resolution No. 2019-067 00064534.DOC /1 4 background reports will be presented to the Forum at the orientation meeting . A topic will be selected by a vote of the Forum. Topics not selected will be returned to the topic list, if applicable. Phase 1: Orientation Meeting During the Orientation Meeting, Forum delegate s will be introduced or re -introduced to the Forum process. Additionally, Forum delegate s will be provided with background information and written materials regarding the Town. Forum delegates will also be provided with expectations regarding attendance at Forum meetings and guidelines for meetings, and will be asked to sign a pledge committing to the Forum process. Forum delegate s will then be presented with the Council-approved potential session topics and background reports discussed above. Delegates will engage in full discussion of the potential topics and will then select one topic for the Forum session via a majority vote of the delegates present at the Orientation Meeting. Phase 2: Naming the Issues The Phase 2 meeting will consist of an introduction to the topic selected for the Forum session, followed by a high -level discussion identifying and naming the various issues associated with the topic. At the end of this meeting, the Forum may request quantitative data regarding the agenda issues from Town of Marana staff. This data is meant to provide background and support for the delegates’ decision-making and should be data that is readily accessible . Phase 3: Data Presentation/Framing the Issues In this phase, the full Forum will meet and Town staff will present any previously requested data. Staff will be available to answer questions from Forum delegates. If the Forum delegates choose to do so, they may form subgroups to focus on a specific portion of the issues under discussion. These meetings would be independent from the Forum process meetings. Once the data is presented, the Forum delegates shal l finalize the issues for discussion and deliberation in Phase 4: Public Deliberation, described below, based on the direction previously provided in the background report. Town staff Marana Regular Council Meeting 08/06/2019 Page 75 of 300 Exhibit A to Marana Resolution No. 2019-067 00064534.DOC /1 5 will develop strong guiding questions to lead the Forum delegate s though the Phase 4 discussion. Phase 4: Public Deliberation The Phase 4: Public Deliberation meeting will be facilitated by a trained facilitator and will be recorded by a trained scribe. The facilitator is vital to this process by keeping the Forum discussio n on topic and encouraging participation and commitment in suggested projects. The scribe will summarize and synthesize the opinions of the Forum delegates on the issues at hand and create a consensus statement from these opinions . Forum delegates will discuss the identified issues with the collected and presented data. The Marana Citizens’ Forum is tasked with developing specific, detailed action plans to present to the Marana Town Council. The plans and projects that are discussed within this meeting sho uld be feasible and aligned with the Town’s Strategic Plan. Forum delegates are asked to commit to implement their chosen action plans. The goal of the process is to reach consensus regarding the action plans and projects to be presented to the Town Council. Consensus does not mean unanimity in this context, but general agreement among the Forum delegates. Generally, consensus is reached when no one wants to add anything and no one objects strongly to the wording of the consensus statement drafted by the scribe and read back to the Forum delegates . At the end of the meeting , a delegate will be selected to design and construct the presentation to Council as described below. Phase 5: Construction The delegate selected at the end of the Public Deliberation meeting will meet with the Forum administrators and other Town staff as necessary to design and construct the presentation to Council . The presentation will be based upon the consensus statement created in the Public Deliberation meeting as well as ot her relevant information and recommendations generated during the Forum session. Phase 6: Review The draft presentation to Council that was created in Phase 5 will be reviewed by the full Forum membership for edits, changes or additions. Marana Regular Council Meeting 08/06/2019 Page 76 of 300 Exhibit A to Marana Resolution No. 2019-067 00064534.DOC /1 6 Phase 7: Presentation After Phase 6: Review, the Forum recommendations will be presented to Council for consideration during a regular Council meeting. Phase 8: Review and Follow -up After the presentation to the Council, Town staff will review the Forum recommendations and identify which recommendations require Council policy direction and decision, which are operational or administrative in nature, and those that may not be feasible due to financial, legal or other reasons. At the next Orientation Meeting, Town staff will advise the Forum what actions, if any, will be or have been taken to implement the Forum recommendations. Ad Hoc Advisory Review Meetings In addition to the formal Marana Citizens’ Forum Process described above, from time to time the Town may uti lize the Forum as an ad hoc advisory review committee for various Town issues and concerns. Town staff may convene the full Forum for a “lightning round” in which the Forum process will be condensed to one meeting for review, discussion and recommendatio ns on the issue or issues as presented by Town staff. Alternatively, Town staff may convene 5 to 7 Forum delegates, chosen by Town staff based on the delegates’ backgrounds and knowledge base as well as their availability, to meet as many times as neces sary to discuss an issue selected by the Council or the Town Manager, based on matters of immediate interest or significance, and render an advisory opinion and recommendations to the Council, Town Manager, and staff. As with all meetings of the Forum, these ad hoc advisory review meetings shall be held in compliance with the Arizona open meeting law. Marana Regular Council Meeting 08/06/2019 Page 77 of 300    Council-Regular Meeting   C6        Meeting Date:08/06/2019   To:Mayor and Council From:Jane Fairall, Deputy Town Attorney Date:August 6, 2019 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2019-068: Relating to Personnel; establishing the Marana Health Care Benefits Trust for the Town's self-insurance program for health and dental insurance benefits as required by A.R.S. §11-981, and approving and authorizing the Mayor to execute the Trust Document (Jane Fairall) Discussion: At the Council's June 11, 2019 Study Session, Town staff gave a presentation regarding the Town's self-funded insurance program and the statutory requirement that the Town establish a trust fund for the program. A copy of the PowerPoint from that presentation is included within the agenda materials for the Council's information. Approval of this agenda item will establish the Marana Health Care Benefits Trust and approve the attached Trust Document. In 2014, the Town of Marana moved from fully-funded health and dental insurance benefits to a self-funded program for those benefits.  A.R.S. §11-981 requires any municipality with a self-funded program that is located in a county with a population of more than one million people to establish a trust fund for the self-insurance program. As Pima County has now moved past the one million mark in population, the Town is required to establish a trust fund. At the June 11 meeting, staff presented a draft Trust Document and sought feedback from the Council regarding the document, specifically regarding section 3.02, which sets forth the number and identity of the Trustees for the trust. Based on feedback from the Council, staff has drafted section 3.02 to provide that there will be five Trustees, with no more than one Trustee being a Town employee, and no Trustees being a member of the Council. Other than those provisions, the Trust Document presented tonight for approval is the same as the document included in the June 11 Council materials. Marana Regular Council Meeting 08/06/2019 Page 78 of 300 Town staff will now advertise for Trustees and will bring the candidates to the Council for consideration at a future Council meeting. Financial Impact: The establishment of the trust fund for the Town's self-insurance program is not expected to have a substantive impact upon the Town's budget. Staff Recommendation: Staff recommends approval of the establishment of the Marana Health Benefits Trust and the Trust Document. Suggested Motion: I move to adopt Resolution No. 2019-068, establishing the Marana Health Care Benefits Trust for the Town's self-insurance program for health and dental insurance benefits as required by A.R.S. §11-981, and approving the Trust Document. Attachments Resolution No. 2019-068 Exhibit A - Trust Document June 11, 2019 PowerPoint Marana Regular Council Meeting 08/06/2019 Page 79 of 300 00064456.DOCX /1 Marana Resolution No. 2019-068 MARANA RESOLUTION NO. 201 9-068 RELATING TO PERSONNE L; ESTABLISHING THE MARANA HEALTH CARE BENEFITS TRUST FOR T HE TOWN'S SELF-INSUR ANCE PROGRAM FOR HEALTH AND DENTAL INSURANCE BENEFITS AS REQUIRE D BY A.R.S. §11-981, AND APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE TRUST DOCUMENT WHEREAS the Town of Marana has established a self-insurance program for certain health and welfare benefits for certain of its employees, former employees, elected officials, and their beneficiaries ; and WHEREAS A.R.S. §11 -981 requires that the funding for s uch self-insurance program be deposited in a trust; and WHEREAS the Town intends the trust established by the attached Trust Document to satisfy the requirements A.R.S. §11-981; and WHEREAS the Mayor and Council of the Town of Marana find that this resolution is in the best interests of the Town of Marana and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the Marana Health Care Benefits Trust is hereby established for the Town’s self-insurance program for health and dental insurance benefits, the Trust Document, attached to and incorporated within this resolution as Exhibit A, is hereby approved, and the Mayor is authorized to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, conditions and objectives of this resolution . PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of August, 2019. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 08/06/2019 Page 80 of 300 00062524.DOC /7 MARANA HEALTH CARE BENEFITS TRUST Marana Regular Council Meeting 08/06/2019 Page 81 of 300 00062524.DOC /7 RECITALS WHEREAS the Town of Marana, Arizona (“Marana”) currently provides certain welfare benefits for certain of its employees, former employees, elected officials, and their beneficiaries; WHEREAS Arizona law permits Marana to establish a self-insurance program for the management and administration of health benefits; WHEREAS Arizona law requires that the funding for such self-insurance program be deposited in a trust; WHEREAS Marana has established such a self-insurance program; WHEREAS Marana intends the trust established by this document (this “Trust Document”) to satisfy the requirements of Arizona Revised Statutes (A.R.S.) Section 11 -981; WHEREAS Marana intends the trust established by this Trust Docume nt to be exempt from taxation pursuant to Section 115 of the Internal Revenue Code; and WHEREAS Marana wishes trustees to hold and administer the Funds (defined below), in trust, pursuant to the terms of this Trust Document; NOW, THEREFORE, in consideration of the foregoing Marana establishes the following Trust: Marana Regular Council Meeting 08/06/2019 Page 82 of 300 00062524.DOC /7 ARTICLE I DEFINITIONS “Account” means the bank or investment account(s) established by the Trustees to hold some or all of the Funds. “Beneficiary” means a person designated by a Participant who is or may become entitled to a benefit under the Plan. “Code” means the Internal Revenue Code of 1986, as amended. “Council” means the Marana Town Council. “Employee” means an individual that Marana classifies and treats as an employee (not as an independent contractor) for payroll purposes, regardless of whether the individual is subsequently reclassified as an employee of Marana in a court order, in a settlement of an administrative or judicial proceeding, or in a determination by the Internal Revenue Servic e, the Department of the Treasury, or the Department of Labor. “Finance Director” means the individual engaged by the Town Manager to select, manage, and invest Marana’s funds, subject to the investment guidelines established by the Council and Marana’s Finance Department. “Funds” means the assets of the Trust, in whatever form or location. “Governmental Trust” means a trust that is exempt from taxation pursuant to Section 115 of the Internal Revenue Code. “Marana” means the Town of Marana, Arizona. “Participant” means an Employee or Marana elected official who is eligible to participate and is participating in the Plan; for purposes of this definition, a former Employee who has elected continuation coverage under the Consolidated Omnibus Budget Reconciliation Act (COBRA) of 1985 is a Participant. “Plan” means the specified group insurance pursuant to which Marana provides self-insured health care benefits to Participants and Beneficiaries and shall include any amendments, endorsements, or riders attached to the insurance. “Plan Administrator” means Marana’s Human Resources Director. “Plan Year” means the fiscal year of the Plan. “Premium Holiday” means a designated period of time in which the Trust waives the total premium (the amount established by the Trustees pursuant to Section 5.01(a)). “Restricted Reserve” means the amount needed to pay Plan claims that are incurred but not reported, and also Plan claims that are incurred but not paid. The amount shall be as attested Marana Regular Council Meeting 08/06/2019 Page 83 of 300 00062524.DOC /7 to by an actuary who has been engaged to provide services to the Trust and as approved by the Trustees. “Restricted-Plus-Six Reserve” means the Restricted Reserve plus an amount equal to six months of premium payments for the Plan. “Trust” means the legal entity established pursuant to this Trust Document. “Trustees” means the Trustees described in this Trust Document. Marana Regular Council Meeting 08/06/2019 Page 84 of 300 00062524.DOC /7 ARTICLE II ESTABLISHMENT OF TRUST Section 2.01. Establishment. Marana hereby establishes the Trust, consisting of such monies as Marana may deposit from time to time in the Account; plus all other money or property as shall lawfully become a part of the Trust; plus all the earnings, income, gains, appreciation and all other increments of any nature from the foregoing; and less payments made pursuant to this Trust Document. The Trust shall be come effective only upon the determination of Marana’s Town Attorney that this document is in proper form and is within the power and authority of the Council, and upon the approval of the Council. Section 2.02. Name . The Trust shall be known as the Marana Health Care Benefits Trust. Section 2.03. Purpose . (a) The Funds shall be held, invested, reinvested, and administered by the Trustees in accordance with the terms of the Plan and the terms of this Trust Document, solely in the interest of Participants and Beneficiaries and for the purpose of providing benefits to the Participants and their Beneficiaries and defraying the reasonable expenses of administering the Plan and the Trust. (b) The purpose of the Trust is to fund health, welfare and related benefits, consistent with the restrictions contained in Code Section 115 and other applicable law, for the benefit of Participants and Beneficiaries, in accordance with the Plan. (c) The successful operation and administration of the Trust requires communication and cooperation among the Truste es, the Council, Town Management, Town Staff, Employees, and other third parties. Decisions made by the Trustees regarding operation and administration of the Trust should take into account input from designated stakeholders. Marana Regular Council Meeting 08/06/2019 Page 85 of 300 00062524.DOC /7 ARTICLE III ORGANIZATION AND OPERATION OF TRUSTEES Section 3.01. Appointment. The Council shall appoint individuals to serve as Trustees overseeing the management and administration of the Trust. The Council shall consider and may appoint any individual, provided that the number and identity of the appointed Trustees shall conform to the requirements of this Article. Each Trustee so appointed shall accept the appointment in writing and shall confirm in writing that the Trustee agrees to hold and administer the Funds, in trust, pursuant to the terms of this Trust Document. Section 3.02. Number and Identity. There shall be five Trustees. No Trustee may be a member of the Council. No more than one Trustee may be an employee of Marana. No former member of the Council or former employee shall be a Trustee. With the exception of the employee Trustee, if any, a Trustee shall have expertise in the field of finance, employee benefits, health care, human resources, or risk management, and shall reside in Pima or Pinal County. Section 3.03. Bonding. All Trustees shall be bonded in an a mount to be approved by the Town Manager. This requirement may be satisfied by a blanket performance bond or other coverage provided by Marana. Section 3.04. Officers . At the commencement of each Plan Year, the Trustees shall elect a Chairperson and a Secretary from a mong themselves. The Chairperson shall preside over the work of the Trustees pursuant to this Trust Document. The Secretary shall preside in the Chairperson’s absence. The Secretary shall cause to be maintained accurate records of all actions of the Trustees, including minutes from all Trustees’ meetings. A copy of the minutes shall be retained as a record of the Trust’s activities. Section 3.05. Term. Each Trustee shall serve a four-year term, unless a term is terminated earlier as described in this Article. Notwithstanding the foregoing, the initial terms for the first five Trustees shall be as follows: two Trustees to serve an initial term of two years; and three Trustees to serve an initial term of four years. The Council shall determine which of the first five Trustees shall serve the two-year and four-year terms. Section 3.06. Termination. The term of any Trustee shall automatically terminate upon the earliest of the following: death; resignation; removal; failure to attend three consecutive meetings; or, for a Trustee who is an employee of Marana, the termination of such employment. Marana Regular Council Meeting 08/06/2019 Page 86 of 300 00062524.DOC /7 Section 3.07. Resignation of a Trustee . A Trustee may resign by giving 60 days’ prior written notice to the Chairman. The Chairman may exercise discretion to waive or reduce the 60-day requirement, but shall not waive the written-notice requirement. The notice shall state the effective date of resignation. The resignation shall take effect on its stated effective date unless a new Trustee is appointed and accepts appointment prior to the stated effective date, in which case the date of acceptance shall constitute the effective date of the resignation. Upon the effective date of the resignation, the resigning Trustee shall be discharged from any further duty or responsibility under the Trust, and the resigning Trustee shall deliver to the Chairman (or to the Secretary, if the Chairman is resigning) any and all property in his or her possession or control which belongs to the Plan or Trust. Section 3.08. Removal of a Trustee . A Trustee may be removed pursuant to Marana Town Code Section 2-6-2(G). Upon the effective date of the removal, the removed Trustee shall be discharged from any further duty or responsibility under the Trust, and the removed Trustee shall deliver to the Chairman (or to the Secretary, if the Chairman is being removed) any and all property in his or her possession or control which belongs to the Plan or Trust. Section 3.09. Meetings . The Trustees shall meet whenever required to provide for the orderly and timely administration of the business of the Plan and the Tr ust at such location as may be acceptable to the Trustees, but no less than four times per Plan Year. In calling, providing notice of, and holding meetings, the Trustees shall conform to applicable law. Section 3.10. Quorum. A quorum shall consist of three Trustees. Section 3.11. Voting. Each Trustee shall have one vote. All actions by and decisions of the Trustees shall be the affirmative vote of a majority of the number of the Trustees attending a duly called meeting of the Trustees at which there is a quorum present. Section 3.12. Exculpation and Indemnification of the Trustees . (a) Reliance. A Trustee may act or rely upon any of the following: (i) Any instrument, application, notice, request, signed letter, telegram or other paper or document believed by the Trustee to be genuine and to contain a true statement of facts and to be signed or sent by the proper person; or (ii) The advice, opinion, records, reports or recommendations of any accountant, actuary, administrator, attorney, consultant, co -trustee, investment agent or investment manager or any other advisor selected by the Trustees with reasonable care. (b) Exculpation of Trustees. No Trustee shall incur any liability individually or on behalf of other individuals for any action or omission, unless such action or omission is due to the Trustee’s own gross negligence, criminal conduct, willful misconduct, or lack of good faith. Marana Regular Council Meeting 08/06/2019 Page 87 of 300 00062524.DOC /7 (c) Indemnification of Trustees. The Trustees shall cause any person who is or has served as a Trustee to be indemnified out of the Trust against all damages, liabilities and expenses incurred by or imposed on the person in connection with any claim, suit, action or proceeding concerning the Trust or the person’s acts or omissions as a Trustee, including, without limitation, legal fees and amounts paid in any compromise or settlement, unless such acts or omissions constitute gross negligence, criminal conduct, willful misconduct, or lack of good faith. Any indemnification provided herein shall be limited to amounts not collected pursuant to valid and enforceable liability insura nce policies. (d) Indemnification of Others. To the extent permitted by law, the Trustees, in their discretion, may also cause the Trust to indemnify any person who is rendering services to the Trust or Plan against all damages, liabilities and expenses incur red by or imposed upon such a person in connection with any claim, suit, action or proceeding concerning the Plan or Trust or the acts or omissions of such a person, including, without limitation, legal fees and amounts paid in any compromise or settlement , unless such act or omission constitutes gross negligence, criminal conduct, willful misconduct, or lack of good faith. (e) Limitation on Indemnification . Notwithstanding the foregoing, no indemnification shall be provided unless and until: (i) It is adjudicated that the action or omission did not constitute gross negligence, criminal conduct, willful misconduct, or lack of good faith; or (ii) The Trust receives a written opinion from legal counsel for the Trust that any such adjudication would have determined that the action or omission did not constitute gross negligence, criminal conduct, willful misconduct, or lack of good faith. Section 3.13. Compensation of Individual Trustees . An individual Trustee shall not be paid any compensation or reimbursement from the Trust for services provided to the Trust. Section 3.14. Conflicts of Interest. Each Trustee shall comply with applicable state and federal law concerning conflicts of interest. Section 3.15. Service in More Than One Fiduciary Capacity . Any individual, entity or group of persons may serve in more than one fiduciary capacity with respect to the Plan, the Trust, or both to the extent such is permitted by law. Marana Regular Council Meeting 08/06/2019 Page 88 of 300 00062524.DOC /7 ARTICLE IV RESPONSIBILITIES AND POWERS OF THE TRUSTEES Section 4.01. In General. The Trustees shall have the power to perform all acts, to take all proceedings, and to exercise all rights and privileges, although not specifically mentioned herein, as the Trustees may deem necessary or advisable to administer and manage the Trust so as to carry out the purposes of this Trust Document and the Plan. The Trustees shall discharge their responsibilities under this Trust Document: (a) For exclusively governmental purposes, namely providing benefits to Participants and Beneficiaries and defraying the reasonable expenses of administering the Plan and Trust; (b) With the care, skill, prudence, and diligence under the circumstances that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims; (c) By diversifying the investments of the Fund so as to minimize the risk of large losses, unless under the circumstances it is clearly prudent not to do so; and (d) In accordance with the provisions of the Plan and this Trust Document. Section 4.02. Discretionary Powers. The Trustees may without limitation do all of the following: (a) Adopt policies, rules and procedures for the administration of the Trust; provided, however, that these policies, rules and procedures may not be inconsistent with the provisions of this Declaration of Trust or any applicable local, state, or federal law or regulations. (b) Authorize the Plan Administrator or designee on behalf of the Trust to retain the services of actuaries, auditors, engineers, private consultants, administrators and advisors as the Trustees consider necessary to carry out the business and purposes of the Trust. The Trustees may seek private outside legal counsel when legal advice is considered necessary. For routine matters associated with administration of the Trust, the Trustees may seek counsel from the Town Attorney or designee. (c) Recommend modifications of the terms and conditions of this Trust document to the Council. (d) Authorize the Plan Administrator or designee to administer the day-to -day affairs of this Trust. Marana Regular Council Meeting 08/06/2019 Page 89 of 300 00062524.DOC /7 Section 4.03. Statutory Requirements . (a) Risk Management Consultant or Insurance Administrator. Prior to paying Plan expenses on a self-insured basis, the Trustees shall confirm that the Town Manager has designated a risk management consultant or insurance administrator licensed pursuant to Title 20, Chapter 2 of the Arizona Revised Statutes, and the Trustees shall further confirm that such license was verified by the Council prior to such designation. (b) Auditor. Marana shall engage an external auditor to perform an annual audit of the Trust. Each audit report shall be kept on file for five years with the Town Clerk. The Trustees shall work and cooperate with such auditor. (c) Stop-Loss. Prior to paying any Plan claims on a self-insured basis, the Trustees shall confirm that Marana has procured stop-loss insurance for the Trust from an insurer authorized to do business in Arizona. Section 4.04. Management. The Trustees shall have the power to manage the Trust, including the acquisition and disposition of property that is in or part of the Trust, as follows: (a) General Authority. The Trustees shall have exclusive authority and responsibility with respect to the custody and management of the Trust, except to the extent any such authority has been assigned elsewhere by this Trust Document or has been delegated by the Trustees pursuant to this Trust Document. (b) Separate Account . The Trustees have the exclusive responsibility and authority to maintain the Funds in Trust. The Trustees shall maintain the Funds at a financial institution approved by Marana. (c) Contributions and Distributions. The Trustees have the authority and responsibility to determine the required contributions to and appropriate distributions from the Trust, as more fully described in Article V. (d) Restricted Reserve. The Trustees have the authority and responsibility to determine the appropriate amount of Funds that the Trust should hold as Restricted Reserve, based on accepted actuarial standards and consistent with accounting principles generally accepted in the United States. (e) Premium Holidays. No Premium Holiday shall be permitted unless it is recommended by the Trustees. The use of Funds for a Premium Holiday is subject to the following limitations: (i) Premium Holiday. The Trustees may determine that Funds in excess of the Restricted-Plus-Six Reserve be used to pay for a Premium Holiday. The Trustees shall not approve a Premium Holiday if the use of Funds for the Premium Holiday would cause the total Funds to fall below the level of the Restricted-Plus-Six Reserve. Marana Regular Council Meeting 08/06/2019 Page 90 of 300 00062524.DOC /7 (f) Service Providers. (i) For the Trust . The Trustees have the authority to request that appropriate Marana staff provide services to the Trust. In addition, the Trustees have the authority to engage suitable third parties to provide services for the Trust. Such authority is exclusive to the Trustees, with the following exceptions: Marana has the authority to select and engage an external auditor for the Trust , and Marana has the authority to select and purchase stop -loss coverage for the Trust. (ii) For the Plan. The Trustees do not have the authority to engage third parties to provide services for the Plan. (iii) Payment . The Trustees have the authority to pay reasonable compensation and expenses for any parties engaged to provide services for the Trust as set forth above. (iv) Compliance. All engagements and payments pursuant to this Section shall comply with applicable procurement laws, policies, and procedures. (g) Accounts, Books, and Records. The Trustees have the authority and responsibility to keep full and accurate accounts, books, and records concerning the Fund. All such accounts, books, and records shall be open to inspection in accordance with applicable law. (i) Valuation. The Trustees shall cause the Fund to be valued no less than annually and shall forward notice of such value to the Town Council and the Plan Administrator. (ii) Accounting. Within a reasonable time after the end of each Plan Year, the Trustees shall provide the Plan Administrator an accounting of the administration of the Trust since the previous accounting. The accounting shall include all transactions of the Trust during the relevant period, as well as all property in the Trust and its fair market value at the end of the relevant period. (h) Legal. The Trustees have the authority to prosecute or defend actions, claims, or proceedings necessary or advisable for the p rotection of the Trust. Section 4.05. Investments. The Trustees will, through the Finance Director and in accordance with the reasonably prudent investment standard for Trustees, provide for the investment of Trust monies in a manner consistent with the provisions of Arizona Revised Statutes Title 35, Chapter 2, Article 2.1 regarding management of public monies. Section 4.06. Responsibilities Not Assigned to the Trustees . The Trustees shall have no authority or responsibility for: (a) Designing, adopting, amending, or terminating the P lan; Marana Regular Council Meeting 08/06/2019 Page 91 of 300 00062524.DOC /7 (b) Ensuring that the Plan complies with state or federal laws mandating the terms of the Plan; (c) Determining what portion of Plan premiums should be paid by Participants and Beneficiaries; (d) Collecting premiums from Participants or Beneficiaries . Authority and responsibility for the foregoing items in this Section are assigned to Marana, which may delegate this authority and responsibility to a third party. Marana Regular Council Meeting 08/06/2019 Page 92 of 300 00062524.DOC /7 ARTICLE V CONTRIBUTIONS TO AND DISTRIBUTIONS FROM THE TRUST Section 5.01. Contributions (a) Premiums. (i) Amount. The Trustees shall determine the total premium that shall be required to participate in the Plan at each coverage level (e.g., individual coverage, family coverage). In determining premiums, the Trustees shall consult with the risk management consultant or insuranc e administrator engaged to assist the Trust, the Plan Administrator, and the Finance Director, and shall also consult with an actuary familiar with the Trust and the Plan. In determining the total premium, the Trustees shall consider all reasonable factors, including but not limited to the amount of reserves in the Trust, the claims experience of the Plan and Trust, market conditions, and cost trends. The Trustees shall determine the total premium no less frequently than annually, but the Trustees have the authority to increase premiums more frequently if reasonably necessary to protect the financial stability of the Trust. The Trustees may recommend Premium Holidays subject to Section 4.04(e). (ii) Administration. At its discretion, the Trustees may establish a contribution schedule, adopting a funding policy, or using any similar mechanism to arrange for the orderly contribution of funds to the Trust. Marana shall forward the premiums to the Trust no less frequently than monthly, in accordance with the arrangement adopted by the Trustees. Upon the Trustees’ knowledge that Marana is delinquent in its contributions, the Trustees shall promptly provide written notice of the delinquency to the Council, the Town Manager, and the Town Attorney. (iii) Payment By Partici pants and Beneficiaries. Marana may determine that a portion of the premium should be paid by Participants and Beneficiaries. In such event, Marana shall be responsible for collecting such portion from Participants and Beneficiaries and forwarding those monies to the Trust for deposit. If a Participant or Beneficiary fails to pay the appropriate portion of his or her premium, Marana shall ensure that the total premium shall nevertheless be paid to the Trust. Marana shall be responsible for recovering delinquent amounts from Participants or Beneficiaries. (b) Other Funding. The Trustees may permit the Trust to receive additional funding, including but not limited to any one or more of the following: interest, dividends, rebates, gifts, grants, special taxes levied to satisfy judgments, recovery from insurers, subrogation, or reimbursement. Marana Regular Council Meeting 08/06/2019 Page 93 of 300 00062524.DOC /7 Section 5.02. Distributions . Distributions from the Trust may be made for any of the following: (a) Paying for or providing benefits to Participants or Beneficiaries, in accordance with the terms, provisions and conditions of the Plan, as determined and directed by the Plan Administrator. (b) Paying all reasonable expenses of operating, administering, or managing the Plan or Trust, including but not limited to: (i) Where third parties are engaged to provides services to the Plan or Trust, as described above, compensating such third parties ; (ii) Where Marana employees render services to the Trust or Plan, compensating Marana for such services; (iii) Where taxes or assessments are levied or imposed upon the Trust or the Plan, paying such taxes or assessments. (c) Upon termination, pursuant to Section 6.03. Section 5.03. No Inurement to Private Interests . Except as specified in Section 5.02, at no time shall any part of the principal or income of the Trust inure to the bene fit of a private individual or entity. Marana Regular Council Meeting 08/06/2019 Page 94 of 300 00062524.DOC /7 ARTICLE VI AMENDMENT AND TERMIN ATION Section 6.01. Amendment of Trust. This Trust Document may be amended in writing at any time by the Council. The Trustees may recommend amendments to the Council. Notwithstanding the foregoing, no amendment shall be adopted which alters the basic purpose of the Trust, causes the Trust to lose its status as a Governmental Trust, conflicts with any applicable law or government regulation, causes the use or diversion of any part of the Trust for purposes other than those authorized herein, or retroactively deprives anyone of a vested right or interest. Section 6.02. Termination of Trust. The Trust shall continue until terminated by the Council in writing. The Council shall supply a copy of the writing to all the Tr ustees and to the Plan Administrator. Section 6.03. Distribution Upon Termination. (a) Upon termination of the Trust, the Trustees shall use the Funds to pay or to provide for the payment of any and all obligations of the Trust and the Plan, and the Trustees shall distribute and allocate the Funds in accordance with the then-current provisions of the Trust and the Plan; provided that, notwithstanding any Plan provision to the contrary, the Funds shall be allocated and distributed in the priorities and according to the categories required by applicable law. (b) Upon termination of the Trust, after all obligations of the Trust and Plan have been satisfied, any remaining Funds shall revert and be distributed to Marana’s general fund. Section 6.04. Amendment and Termination of Plan. Nothing in this Trust Document shall affect Marana’s ability to amend or terminate the Plan. Marana Regular Council Meeting 08/06/2019 Page 95 of 300 00062524.DOC /7 ARTICLE VII GENERAL PROVISIONS Section 7.01. No Right, Title, or Interest. No Employer, Employee, Participant, or Beneficiary shall have any right, title or interest in the Trust or any right to contributions to be made thereto, or any claim against the Trust on account thereof, except as may be provided from time to time by this Trust Document or the Plan, and then only to the extent of the benefits payable to such person under the Plan. Section 7.02. N onalienation of Benefits . The Trust shall not be subject in any manner to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance, charge, garnishment, execution or levy of any kind, either voluntary or involuntary, including any such liability which is for alimony or other payments for the support of a spouse, former spouse or any relative, until such payment has been actually received by the person entitled to it. Any attempt to anticipate, alienate, settle, transfer, assign, pledge, e ncumber, charge or otherwise dispose of the same shall be void. The Trust shall not in any manner be liable for, or subject to, the debts, contracts, liabilities, engagements or torts of any person entitled to benefits under the Plan. Section 7.03. Prohibition of Diversion. (a) It shall be impossible by operation of the Trust or by its natural termination, by power of revocation or amendment, by the happening of any contingency, by collateral arrangement or by any other means, for any part of the corpus or income of the Trust or any funds contributed thereto to be used for or diverted to purposes other than as described herein. (b) Notwithstanding the foregoing, a contribution made by Marana as the result of a mistake may be returned to Marana if the Trustee so directs, provided that the repayment is not prohibited by applicable law. Section 7.04. Incompetency. If it is determined that any person entitled to receive benefits is unable to care for his or her affairs because of mental or physical incapacity, the benefits due such person may be paid to his or her legal guardian or conservator, or to any relative by blood or by marriage to be used and applied for the benefit of such person. Payment to such legal representative or relative of the person on whose account benefits are payable sha ll operate to discharge the payor from any liability to such person or to anyone representing him or her (or his or her interest), and the Trustees shall have no duty or obligation to see that the funds are used or applied for the benefit of such person. Section 7.05. N otice and Delivery of Documents . Any notice required to be given under this Trust Document may be given in person or by first-class mail. When notice is given by mail, it shall be deemed to have been given as of the date of posting to the last -known address of the addressee available from the Trust records. Section 7.06. Headings . Titles of articles and headings of sections and subsections are inserted for convenience of reference. They constitute no part of this Trust Document and are not to be considered in the construction hereof. Marana Regular Council Meeting 08/06/2019 Page 96 of 300 00062524.DOC /7 Section 7.07. Construction. This Trust Document is created and accepted in the State of Arizona. All questions pertaining to its validity or construction not otherwise preempted by federal law shall be determined in accordance with the laws of the St ate of Arizona. If any provision contained in this Trust Document or in any collective bargaining agreement pursuant to which this Trust Document is created should be held unlawful, such provision shall be of no force and effect and this Trust Document or any such collective bargaining agreement shall be treated as if such provision had not been contained therein. Marana Regular Council Meeting 08/06/2019 Page 97 of 300 00062524.DOC /7 IN WITNESS HEREOF, the Town of Marana hereby establishes the Marana Healthcare Benefits Trust. DATED this 6th day of August 2019 TOWN OF MARANA, ARIZONA A Municipal Corporation Ed Honea, Mayor ATTEST: Cherry Lawson, Town Clerk APPROVED AS TO FORM Frank Cassidy, Town Attorney STATE OF ARIZONA ) ) ss. COUNTY OF PIMA ) The foregoing instrument was acknowledged before me this _____ day of _________________ 2019, by Ed Honea, the Mayor of the TOWN OF MARANA, ARIZONA, a municipal corporation, on its behalf. (Seal) Notary Public Marana Regular Council Meeting 08/06/2019 Page 98 of 300 Health Benefits Trust Curry C. Hale, Human Resources Director Jane Fairall, Deputy Town Attorney Marana Regular Council Meeting 08/06/2019 Page 99 of 300 Background •In 2014, the Town moved from a fully-funded model to a self- funded model for health insurance benefits –Had previously moved to self-funded for dental benefits in 2010 •Rather than paying a fixed premium to an insurance carrier, the Town budgets for and pays claims costs based on participant utilization of benefits Marana Regular Council Meeting 08/06/2019 Page 100 of 300 Benefits of Self-Funding •Control/flexibility of plan design –Allows for more customized, tailored plan design –Better aligns funding with wellness and population health management strategies •Better/more timely access to claims data •Cost –Mitigates marginal risk and profit charge inherent in fully-insured premium –Improved cash flow and interest earning Marana Regular Council Meeting 08/06/2019 Page 101 of 300 Current Status of Self-Funded Program •Medical plan self-funded 7/1/14 •Total Loss Ratio (premiums paid by employee and employer vs. claims paid out) •Below 100% is a gain (funds reserves) •Above 100% is a loss •FY18 loss funded through reserves •Medical reserve-$640,407.18* •*includes a receivable of $1,207,406.89 in June Marana Regular Council Meeting 08/06/2019 Page 102 of 300 Current Status of Self-Funded Program •Dental plan self-funded 7/1/2010 •Total Loss Ratio-gains funding reserves since FY12 •Dental reserve-$443,246.04 Note: Total self-funded reserve (medical & dental)-$1,083,653.22Marana Regular Council Meeting 08/06/2019 Page 103 of 300 A.R.S. §11 -981 State statute provides requirements for a municipality that establishes a self-funded program for employee benefits, when that municipality is located in a county with a population of 1,000,000 people or more Marana Regular Council Meeting 08/06/2019 Page 104 of 300 Statutory Requirements •The Town shall: –Place the funds for the self-funded program in a trust fund, in amounts as determined by the Council –Designate a licensed risk management consultant or insurance administrator to assist in administration of the fund; license must be verified by Council –Appoint at least 5 joint trustees to administer the trust –Bond the trustees Marana Regular Council Meeting 08/06/2019 Page 105 of 300 Statutory Requirements (Continued) •The Town shall: –Incorporate a stop-loss provision in the trust agreement •Stop-loss insurance creates maximum liability for the trust –insurance carrier assumes risk of loss beyond the stop loss threshold –Procure an annual audit by an external auditor; keep a copy of the audit report on file with the Town for at least 5 years –Not spend any money from the trust fund for any purpose not related to the fund –Revert funds in the trust fund to the general fund if the trust fund is no longer used by the Town Marana Regular Council Meeting 08/06/2019 Page 106 of 300 Miscellaneous Statutory Provisions •Expenditures from and monies in the trust fund are not subject to statutory local government budget process •Town’s authority under this statute not subject to A.R.S. Title 20 (Insurance), but the insurance plans shall conform to the requirements of title 20 •Town not authorized to procure insurance from an insurer not authorized by the state Department of Insurance Marana Regular Council Meeting 08/06/2019 Page 107 of 300 Draft Trust Document •Draft Trust Document created –Keeping in mind general purposes behind the creation of the trust –Reviewed best practices around the state •Cities of Peoria and Chandler •Town of Gilbert •Northern Arizona Public Employees Benefit Trust •Dysart Unified School District Marana Regular Council Meeting 08/06/2019 Page 108 of 300 Responsibilities & Powers of Trustees •The Trustees may: –Adopt policies, rules and procedures for the administration of the Trust –Authorize the Plan Administrator (HR Director) or designee to retain the services of actuaries, auditors, engineers, private consultants, administrators and advisors as the Trustees consider necessary to carry out the business and purposes of the Trust –Seek private outside legal counsel when legal advice is considered necessary; for routine matters associated with administration of the Trust, the Trustees may seek counsel from the Town Attorney or designee –Recommend modifications of the terms and conditions of the Trust document to the Council –Authorize the Plan Administrator or designee to administer the day-to-day affairs of the Trust Marana Regular Council Meeting 08/06/2019 Page 109 of 300 Management of Trust •The Trustees have the power to manage the Trust as follows: –To maintain the funds in a separate Trust account, at a financial institution approved by the Town –To request that appropriate Town staff provide services to the Trust –To keep full and accurate accounts, books, and records concerning the fund –To prosecute or defend actions, claims, or proceedings necessary or advisable for the protection of the Trust Marana Regular Council Meeting 08/06/2019 Page 110 of 300 Management of Trust (continued) •The Trustees have the power to manage the Trust as follows: –To determine the appropriate amount of funds that the Trust should hold as Restricted Reserve, based on accepted actuarial standards and consistent with accounting principles generally accepted in the United States •Restricted Reserve = amount needed to pay Plan claims that are incurred but not reported, and also Plan claims that are incurred but not paid; amount must be attested to by an actuary who has been engaged to provide services to the Trust –To permit a Premium Holiday (i.e., period of time in which the Trust waives the total premium), but only if the holiday would not cause the funds to fall below the Restricted Reserve plus an amount equal to 6 months of premium payments for the Plan Marana Regular Council Meeting 08/06/2019 Page 111 of 300 Management of Trust (continued) •The Trustees do NOT have authority or responsibility for the following: –Selecting and engaging an external auditor for the Trust –Selecting and purchasing stop-loss coverage for the Trust –Engaging third parties to provide services for the Plan –Designing , adopting, amending, or terminating the Plan –Ensuring that the Plan complies with state or federal laws mandating the terms of the Plan –Determining what portion of Plan premiums should be paid by Participants and Beneficiaries –Collecting premiums from Participants or Beneficiaries •These responsibilities remain with the Town Marana Regular Council Meeting 08/06/2019 Page 112 of 300 Contributions •The Trustees shall determine the total premium that shall be required to participate in the Plan at each coverage level (e.g., individual coverage, family coverage) •In determining premiums, the Trustees shall consult with the risk management consultant or insurance administrator engaged to assist the Trust, the Plan Administrator, and the Finance Director, and shall also consult with an actuary familiar with the Trust and the Plan •The Trustees shall consider all reasonable factors, including: –Amount of reserves in the Trust, –Claims experience of the Plan and Trust –Market conditions –Cost trends •The Trustees shall determine the total premium no less frequently than annually, but the Trustees have the authority to increase premiums more frequently if reasonably necessary to protect the financial stability of the Trust Marana Regular Council Meeting 08/06/2019 Page 113 of 300 Contributions (continued) •The Town determines if a portion of the premium should be paid by Participants and Beneficiaries, and what portion •The Town is responsible for collecting such portion from Participants and Beneficiaries and forwarding those monies to the Trust for deposit Marana Regular Council Meeting 08/06/2019 Page 114 of 300 Specific Decision Points •Town must appoint at least 5 joint trustees to administer the trust –1 trustee may be –but is not required to be -a member of the Council –1 trustee may be –but is not required to be –an employee of the Town –No guidance in statute as to trustees otherwise Marana Regular Council Meeting 08/06/2019 Page 115 of 300 Health Benefits Trust Feedback and Questions Marana Regular Council Meeting 08/06/2019 Page 116 of 300      Council-Regular Meeting   C7        Meeting Date:08/06/2019   To:Mayor and Council From:Libby Shelton, Senior Assistant Town Attorney Date:August 6, 2019 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2019-069:  Relating to the Police Department; approving and authorizing the Mayor to execute an intergovernmental agreement by and between the Town of Marana and the City of Tucson for use of the Southern Arizona Law Enforcement Training Center (SALETC) (Libby Shelton) Discussion: The Town of Marana has for several years sent police officer recruits to the Southern Arizona Law Enforcement Training Center (SALETC) for a Basic Training Program.  This Basic Training Program fulfills requirements mandated by Arizona statutes that police officers must successfully complete the prescribed coursework and demonstrate the minimum proficiencies required by Arizona Peace Officer Standards and Training Board (AZPOST).  The SALETC Basic Training Program includes 585 hours AZPOST curriculum as well as 295 hours of additional training for a total of 880 hours, or 22 weeks. Upon successful completion of the Basic Training Program, recruits will receive certification as an AZPOST Peace Officer.  This proposed three year agreement provides that the City of Tucson will provide basic training for police officer recruits at SALETC and the Town of Marana will help offset the cost of training through payment of $15,000 per recruit enrolled in the Basic Training Program or by providing a counselor in lieu of payment. The Town of Marana intends to only use the latter option to provide a counselor in lieu of payment.  As such, we do not anticipate any financial impact related to this agreement. Staff Recommendation: Staff recommends adoption of Resolution No. 2019-069 authorizing the Mayor to execute Marana Regular Council Meeting 08/06/2019 Page 117 of 300 Staff recommends adoption of Resolution No. 2019-069 authorizing the Mayor to execute an intergovernmental agreement by and between the Town of Marana and the City of Tucson for use of the Southern Arizona Law Enforcement Training Center (SALETC). Suggested Motion: I move to adopt Resolution No. 2019-069 approving and authorizing the Mayor to execute an intergovernmental agreement by and between the Town of Marana and the City of Tucson for use of the Southern Arizona Law Enforcement Training Center. Attachments Resolution No. 2019-069 IGA with City of Tucson Marana Regular Council Meeting 08/06/2019 Page 118 of 300 Marana Resolution No. 2019-069 MARANA RESOLUTION NO. 201 9-069 RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE TOWN OF MARANA AND T HE CITY OF TUCSON FO R USE OF THE SOUTHERN ARIZONA LAW ENFORCEMENT TRAINING CENTER (SALETC) WHEREAS the Town of Marana Police Department is committed to training its police officer recruits to have the qualifications, skills, and proficiency to provide unparalleled service and unwavering protection to ensure the safety and security of every person who lives in o r visits Marana; and WHEREAS Arizona statutes require that appointed police offic ers must successfully complete the prescribed coursework and demonstrate the minimum proficiencies as established by the Arizona Peace Officer Standards and Training Board (AZPOST) prior to performing the duties of a police officer; and WHEREAS the City of Tucson provides a Basic Training Program that fulfills AZPOST requirements to police officer recruits assigned for training at SALETC ; and WHEREAS the Mayor and Council find tha t the Marana Police Department’s participation in the Basic Training P rogram at SALETC is in the best interests of the Town and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION l. The Town Council hereby approves the intergovernmental agreement by and between the Town of Marana and the City of Tucson, attached to and incorporated by this reference in this Resolution as Exhibit A, and the Mayor is hereby authorized and directed to sign it for and on behalf of the Town of Marana. SECTION 2. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this resolution. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 6th day of August 2019. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 08/06/2019 Page 119 of 300 Marana Regular Council Meeting 08/06/2019 Page 120 of 300 Marana Regular Council Meeting 08/06/2019 Page 121 of 300 Marana Regular Council Meeting 08/06/2019 Page 122 of 300 Marana Regular Council Meeting 08/06/2019 Page 123 of 300 Marana Regular Council Meeting 08/06/2019 Page 124 of 300 Marana Regular Council Meeting 08/06/2019 Page 125 of 300    Council-Regular Meeting   C8        Meeting Date:08/06/2019   To:Mayor and Council From:Kristin Taft, Grants Manager Date:August 6, 2019 Strategic Plan Focus Area: Community Subject:Resolution No. 2019-070: Relating to Police Department; approving and authorizing the Chief of Police and the Town Manager to execute GOHS contract number 2019-405c-005 between the State of Arizona by and through the Governor's Office of Highway Safety (GOHS) and the Town of Marana for grant funding for the AzTraCS Implementation Program; and authorizing the transfer of necessary budget authority to cover grant related expenditures (Kristin Taft) Discussion: Arizona Department of Transportation (ADOT) has implemented a computer program called Traffic and Criminal Software (TraCS) which is an electronic citation and collision program used nationwide. With assistance from GOHS to purchase the necessary hardware, Marana Police Department (MPD) will be able to participate in the program through ADOT and implement this new technology. The current acceptable methods of completing a collision report are by handwriting or using fillable computerized forms. Both methods are time-consuming and allow the possibility of input error. Each collision report currently requires an average 60 minutes for an officer to complete. In addition to officers' time, MPD records clerks spend an average of 2 hours per week preparing collision reports for submission to ADOT. Current methods of collision reporting can also impact officer safety as they are typically completed roadside where officers have a higher likelihood of being involved in a secondary traffic accident/collision. The AzTraCS program provides the ability for officers to scan a driver license and vehicle registration instead of transcribing information. Less manual input required on behalf of the officer improves data accuracy and data legibility. AzTraCS reduces collision reporting time by an estimated 75% which, in turn, reduces the amount of time Marana Regular Council Meeting 08/06/2019 Page 126 of 300 motorists and officers spend on the side of the roadway. AzTraCS has the ability to create and use any department specific forms and is compatible with the department's current version of Spillman to allow automated input. AzTraCS automatically generates a PDF file upon completion which is then submitted electronically, eliminating USPS service expenses and reducing man-hours needed by records clerks. Through hardware and software implementation, MPD will improve officer safety, increase data accuracy, and create efficiency.  The grant from GOHS provides $35,480 from federal 405c funds to purchase the required materials and supplies (60 printer and accessories) for AzTraCS implementation. The Town is not required to provide match funding under this award. Financial Impact: Fiscal Year:2020 Budgeted Y/N:Y Amount:$35,480.00 Funding for this grant will be transferred from unallocated grant contributions 21500000-7170 into a project number specific for the grant.  The project number will be created once the grant is accepted. Staff Recommendation: Staff recommends approval of Grant Agreement 2019-405c-005 with the Governor's Office of Highway Safety (GOHS) to receive funds for the purchase of AzTraCS required equipment/materials and to transfer necessary budget authority to cover grant related expenditures. Suggested Motion: I move to adopt Resolution No. 2019-070; approving and authorizing the Chief of Police and the Town Manager to execute a grant agreement with the Governor's Office of Highway Safety (GOHS) to receive funding under Grant Contract Number 2019-405c-005 and to transfer necessary budget authority to cover grant related expenditures. Attachments Resolution No. 2019-070 Grant Agreement Marana Regular Council Meeting 08/06/2019 Page 127 of 300 00064596.DOCX /1 Marana Resolution No. 2019-070 - 1 - MARANA RESOLUTION NO. 201 9-070 RELATING TO POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE CHIEF OF POLICE AND THE TOWN MANAGER TO EXECUTE GOHS CONTRACT NUMBER 2019-405C-005 BETWEEN THE STATE O F ARIZONA BY AND THR OUGH THE GOVERNOR'S OFFICE OF HIGHWAY SAFETY (GOHS) AND THE TOWN OF MARANA FOR GRANT FUNDING FOR THE AZTRACS IMPLEMENTATION PROGRAM; AND AUTHORIZING THE TRANSFER OF NECESSARY BUDGET AUTHORITY TO COVER GRANT RELATED E XPENDITURES WHEREAS the State of Arizona, by and through the Governor’s Office of Highway Safety (GOHS) sought proposals from state and local agencies for projects relating to all aspects of highway safety; and WHEREAS the Town of Marana recognizes its dut y to protect its citizens through effective police powers; and WHEREAS GOHS has awarded grant funding to the Marana Police Department for implementation of the AzTraCS Program; and WHEREAS the Town Council finds that it is in the best interests of the community to enter into a grant agreement with GOHS to be eligible to receive the awarded grant funds. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. The grant agreement between the Town of Marana and the State of Arizona by and through the Governor’s Office of Highway Safety (GOHS) attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Chief of Police and the Town Manager are hereby authorized and directed to execute it for and on behalf of the Town of Marana. SECTION 2. The Town’s Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the grant agreement, including, without limitation, the transfer of necessary budget authority to cover grant related expenditures . Marana Regular Council Meeting 08/06/2019 Page 128 of 300 00064596.DOCX /1 Marana Resolution No. 2019-070 - 2 - PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of August, 2019. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 08/06/2019 Page 129 of 300 Marana Regular Council Meeting 08/06/2019Page 130 of 300 Marana Regular Council Meeting 08/06/2019Page 131 of 300 Marana Regular Council Meeting 08/06/2019Page 132 of 300 Marana Regular Council Meeting 08/06/2019Page 133 of 300 Marana Regular Council Meeting 08/06/2019Page 134 of 300 Marana Regular Council Meeting 08/06/2019Page 135 of 300 Marana Regular Council Meeting 08/06/2019Page 136 of 300 Marana Regular Council Meeting 08/06/2019Page 137 of 300 Marana Regular Council Meeting 08/06/2019Page 138 of 300 Marana Regular Council Meeting 08/06/2019Page 139 of 300 Marana Regular Council Meeting 08/06/2019Page 140 of 300 Marana Regular Council Meeting 08/06/2019Page 141 of 300 Marana Regular Council Meeting 08/06/2019Page 142 of 300 Marana Regular Council Meeting 08/06/2019Page 143 of 300 Marana Regular Council Meeting 08/06/2019Page 144 of 300 Marana Regular Council Meeting 08/06/2019Page 145 of 300 Marana Regular Council Meeting 08/06/2019Page 146 of 300 Marana Regular Council Meeting 08/06/2019Page 147 of 300 Marana Regular Council Meeting 08/06/2019Page 148 of 300 Marana Regular Council Meeting 08/06/2019Page 149 of 300 Marana Regular Council Meeting 08/06/2019Page 150 of 300 Marana Regular Council Meeting 08/06/2019Page 151 of 300 Marana Regular Council Meeting 08/06/2019Page 152 of 300 Marana Regular Council Meeting 08/06/2019Page 153 of 300    Council-Regular Meeting   C9        Meeting Date:08/06/2019   To:Mayor and Council From:Kristin Taft, Grants Manager Date:August 6, 2019 Strategic Plan Focus Area: Community Strategic Plan Focus Area Additional Info: Community: Principle Statement 1: We will maintain a safe and well managed community. Subject:Resolution No. 2019-071: Relating to Police Department; approving and authorizing the Chief of Police to execute a Task Force Agreement between the United States Department of Justice, Drug Enforcement Administration and the Marana Police Department for Fiscal Year 2020 (Kristin Taft) Discussion: For several years, the Town of Marana Police Department has participated with the United States Department of Justice and the Drug Enforcement Administration (DEA) on the DEA Tucson Task Force.  These activities help improve the effectiveness and efficiency of drug control efforts. The DEA Tucson Task Force will: (a) disrupt the illicit drug traffic in the State of Arizona by immobilizing targeted violators and trafficking organizations; (b) gather and report intelligence data relating to trafficking in narcotics and dangerous drugs; and, (c) conduct undercover operations where appropriate and engage in other traditional methods of investigation in order that the Task Force's activities will result in effective prosecution before the courts of the United States and the State of Arizona.  Under this agreement the Town agrees to provide an officer to the task force for a period of not less than two years.  The salary and benefits of the officer are paid for by the Town and any overtime worked by the officer is reimbursable by DEA up to a maximum of $18,649 per year.  The proposed agreement outlines the procedures for operation for Task Force activities and the funding policies and procedures in more detail. Marana Regular Council Meeting 08/06/2019 Page 154 of 300 Financial Impact: Fiscal Year:20 Budgeted Y/N:Y Amount:$18,649 The cost of this grant has been contemplated and placed in the current budget.  The officer's salary and benefits will be paid out of the general fund and overtime will be reimbursable by DEA under this agreement. Staff Recommendation: Staff recommends approval of the agreement. Suggested Motion: I move to adopt Resolution No. 2019-071, approving and authorizing the Chief of Police to execute the Task Force Agreement between the United States Department of Justice, Drug Enforcement Administration and the Marana Police Department for Fiscal Year 2020. Attachments Resolution No. 2019-071 Grant Agreement DOJ - OJP Marana Regular Council Meeting 08/06/2019 Page 155 of 300 00064609.DOCX /1 Marana Resolution No. 2019-071 - 1 - MARANA RESOLUTION NO. 201 9-071 RELATING TO POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE CHIEF OF POLICE TO E XECUTE A TASK FORCE AGREEMENT BETWEEN THE UNITED STATES DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION AND THE MARANA POLICE DEPARTMENT FO R FISCAL YEAR 2020 WHEREAS evidence has shown that trafficking in narcotics and dangerous drugs exists in the Pima County area; and WHEREAS the United States Department of Justice, Drug Enforcement Administration (DEA) has established a DEA Tucson Task Force whose mission is to investigate, prosecute and disrupt illicit drug trafficking in the State of Arizona; and WHEREAS the Town of Marana, through its Police Department, and the DEA desire to renew an agreement providing for the Marana Police Department’s continued participation in the DEA Tucson Task Force; and WHEREAS the Mayor and Council of the Town of Marana find it is in the best interests of its citizens to enter into this task force agreement. NOW, THEREFORE, BE IT RESOLVED BY T HE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, approving the task force agreement between the DEA and the Marana Police Department for Fiscal Year 2020, attach ed to and incorporated within this resolution as Exhibit A, and authorizing the Chief of Police to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and authorized to undertake al l other and further tasks required or beneficial to carry out the terms, obligations, conditions and objectives of the task force agreement. Marana Regular Council Meeting 08/06/2019 Page 156 of 300 00064609.DOCX /1 Marana Resolution No. 2019-071 - 2 - PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of August, 2019. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 08/06/2019 Page 157 of 300 2020 Marana PD Program-Funded Task Force Agreement 1 PROGRAM -FUNDED STATE AND LOCAL TASK FORCE AGREEMENT BETWEEN DRUG ENFORCEMENT ADMINISTRATION AND MARANA POLICE DEPARTMENT ORI# AZ0100900 This agreement is made this 1st day of October, 2019, between the United States Department of Justice, Drug Enforcement Administration (hereinafter “DEA”), and Marana Police Department, (hereinafter “MPD”) The DEA is authorized to enter into this cooperative agreement concerning the use and abuse of controlled substances under the provisions of 21 U.S.C. § 873. WHEREAS there is evidence that trafficking in narcotics and dangerous drugs exists throughout Arizona, and that such illegal activity has a substantial and detrimental effect on the health and general welfare of the people of the State of Arizona, the parties hereto agree to the following: 1. The DEA Tucson Task Force will perform the activities and duties described below: a. disrupt the illicit drug traffic in the State of Arizona by immobilizing ta rgeted violators and trafficking organizations; b. gather and report intelligence data relating to trafficking in narcotics and dangerous drugs; and, c. conduct undercover operations where appropriate and engage in other traditional methods of investigat ion in order that the Task Force’s activities will result in effective prosecution before the courts of the United States and the State of Arizona. 2. To accomplish the objectives of the DEA Tucson Task Force, the MPD agrees to detail one (1) experienced Officer to the DEA Task Force for a period of not less than two years. During this period of assignment, the MPD Officer will be under the direct supervision and control of DEA supervisory personnel assigned to the Task Force. 3. The MPD Officer assigned to the Task Force shall adhere to DEA policies and procedures. Failure to adhere to DEA policies and procedures shall be grounds for dismissal from the Task Force. 4. The MPD Officer assigned to the Task Force shall be deputized as a Task Force Officer of DEA pursuant to 21 U.S.C. §878. Marana Regular Council Meeting 08/06/2019 Page 158 of 300 2020 Marana PD Program-Funded Task Force Agreement 2 5. To accomplish the objectives of the DEA Tucson Task Force, DEA will assign seven (7) Special Agents to the Task Force. DEA will also, subject to the availability of annually appropriated funds or any continuing resolution thereof, provide necessary funds and equipment to support the activities of the DEA Special Agents and MPD Officer assigned to the Task Force. This support will include: office space, office supplies, travel fund s, funds for the purchase of evidence and information, investigative equipment, training, and other support items. 6. During the period of assignment to the DEA Tucson Task Force, the MPD will remain responsible for establishing the salary and benefits, including overtime, of the MPD Officer assigned to the Task Force, and for making all payments due them. DEA will, subject to availability of funds, reimburse the MPD for overtime payments made by it to the MPD Officer assigned to the DEA Tucson Task Force for overtime, up to a sum equivalent to 25 percent of the salary of a GS -12, Step 1, law enforcement officer general schedule locality pay tables, rest of the United States table (current ly $18,649), per officer. Note: Task Force Officer’s Overtime shall not include any costs for benefits, such as retirement, FICA, and other expenses.” 7. In no event will the MPD charge any indirect cost rate to DEA for the administration or implementation of this agreement. 8. The MPD shall maintain on a current basis complete and accurate records and accounts of all obligations and expenditures of funds under this agreement in accordance with generally accepted accounting principles and instructions provided by DEA to facilitate on-site inspection and auditing of such records and accounts. 9. The MPD shall permit and have readily available for examination and auditing by DEA, the United States Department of Justice, the Comptroller General of the Unite d States, and any of their duly authorized agents and representatives, any and all records, documents, accounts, invoices, receipts or expenditures relating to this agreement. The MPD shall maintain all such reports and records until all litigation, claim, audits and examinations are completed and resolved, or for a period of three (3) after termination of this agreement, whichever is later. 10. The MPD shall comply with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, as amended, and all requirements imposed by or pursuant to the regulations of the United States Department of Justice implementing those laws, 28 C.F.R. Part 42, Subparts C, F, G, H, and I. 11. The MPD agrees that an authorized Officer or employee will execute and return to DEA the attached OJP Form 4061/6, Certification Regarding Lobbying: Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirements. The MPD acknowledges that this agreement will not take effect and no Federal funds will be awarded to the MPD by DEA until the completed certification is received. Marana Regular Council Meeting 08/06/2019 Page 159 of 300 2020 Marana PD Program-Funded Task Force Agreement 3 12. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with federal money, the MPD shall clearly state: (1) the percentage of the total cost of the program or project which will be financed with Federal money; and, (2) the dollar amount of Federal funds for the project or program. 13. The term of this agreement shall be effective from the date in paragraph number one (1) until September 30, 2020. This agreement may be terminated by either party on 30 days advance written notice. Billings for all outstanding obligations must be received by DEA within 90 days of the date of termination of this agreement. DEA will be responsible only for obligations incurred by MPD during the term of this agreement. For the Drug Enforcement Administration: ________________________________________ Date: ____________ Douglas W. Coleman Special Agent in Charge For Marana Police Department: _______________________________________ Date: ____________ Terry S. Rozema Chief of Police Attachment Marana Regular Council Meeting 08/06/2019 Page 160 of 300   U.S. DEPARTMENT OF JUSTICE  OFFICE OF JUSTICE PROGRAMS  OFFICE OF THE COMPTROLLER    CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS  Applicants should refer to the regulations cited below to determine the certification to which they are required to  attest. Applicants should also review the instructions for certification included in the regulations before completing this  from. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New  Restrictions on Lobbying" and 28 CFR Part 67, "Government-wide Department and Suspension (Nonprocurement) and  Government-wide Requirements for Drug-Free Workplace (Grants)." The certifications shall be treated as a material  representation of fact upon reliance will be placed when the Department of Justice determines to award the  covered transaction, grant, or cooperative agreement.  1. LOBBYING public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;  As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that:  (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and  (a) No Federal appropriate funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement;    (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and    B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions;    3. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS)  As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620-  (c) The undersigned shall require that the language of this cer-tification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub- recipients shall certify and disclose accordingly.  A. The applicant certifies that it will or will continue to provide a drug-free workplace by:   (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition;    2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT)   (b) Establishing an on-going drug-free awareness program to inform employees about- As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Prt 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510-    (1) The dangers of drugs abuse in the workplace;   (2) The grantee's policy of maintaining a drug-free workplace;  A. The applicant certifies that it and its principals: (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (a) Are not presently debarred, suspended, proposed for debar-ment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency;    (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;    (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a);  (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a    (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will-    OJP FORM 4061/6 (3-91) REPLACES OJP FORMS 4061/2, 4062/3 AND 4061/4 WHICH ARE OBSOLETE.  Marana Regular Council Meeting 08/06/2019 Page 161 of 300 (1) Abide by the terms of the statement; and DEA Arizona Offices (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction;  (e) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. Notice shall include the identification number(s) of each affected grant;  Check  if there are workplace on file that are not identified here.  Section 67, 630 of the regulations provides that a grantee that is a State may elect to make one certification in each Federal fiscal year. A copy of which should be included with each application for Department of Justice funding. States and State agencies may elect to use OJP Form 4061/7.  (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted- Check  if the State has elected to complete OJP Form 4061/7.  (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or  DRUG-FREE WORKPLACE (GRANTEES WHO ARE INDIVIDUALS)  (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;  As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67; Sections 67.615 and 67.620-  A. As a condition of the grant, I certify that I will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in condition any activity with the grant; and  (g) Making a good faith effort to continue to maintain a drug- free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f).  B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant:  B. If convinced of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, I will report the conviction, in writing, within 10 calendar days of the conviction, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531.  Place of Performance (Street address, city, country, state, zip code)    As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications.  1. Grantee Name and Address:  Marana Police Department 11555 W. Civic Center Drive, Bldg. B; Marana, AZ 85653-7091 2. Application Number and/or Project Name 3. Grantee IRS/Vendor Number     4. Typed Name and Title of Authorized Representative   Terry S. Rozema, Chief 5. Signature 6. Date     Marana Regular Council Meeting 08/06/2019 Page 162 of 300    Council-Regular Meeting   C10        Meeting Date:08/06/2019   To:Mayor and Council From:Jane Fairall, Deputy Town Attorney Date:August 6, 2019 Strategic Plan Focus Area: Recreation Strategic Plan Focus Area Additional Info: Principle Statement 3: WE WILL CAPITALIZE ON THE UNIQUENESS AND VALUE OF THE SONORAN DESERT IN OUR RECREATION PROGRAMMING, COMMUNITY PLANNING, AND TOURISM ATTRACTION EFFORTS. Initiative 1: Use recreation facilities and programming as opportunities to highlight the unique Sonoran Desert. Subject:Resolution No. 2019-072: Relating to Parks and Recreation; approving and authorizing the Mayor to execute an agreement to contribute funds between the Town of Marana and the Central Arizona Water Conservation District (CAWCD) for improvements to the Central Arizona Project (CAP) Access Road to serve the CAP Trailhead and Trail within the Town of Marana (Jane Fairall) Discussion: When the Department of the Interior Bureau of Reclamation (BOR) planners, designers and engineers began working on the Central Arizona Project (CAP), the concept of developing a recreational trail alongside the canal was viewed as an auxiliary benefit to the overall canal project. To this day, the BOR and its affiliates continue to work with jurisdictions and agencies to develop their respective segments of the CAP.   Though incomplete, the CAP Trail has already been designated as a National Recreational Trail. When complete, it will be a continuous 336-mile, relatively flat, graded, non-motorized, multi-use trail extending from the Colorado River at Lake Havasu to south Tucson, where the canal reaches its southern terminus.  The canal will connect many Arizona natural resource areas, recreational facilities, public trail systems, smaller towns and communities, as well as the metropolitan areas of Phoenix and Tucson. Marana Regular Council Meeting 08/06/2019 Page 163 of 300   In 1986, Pima County and the BOR entered into a 50-year Recreational Land Use Agreement authorizing the County to develop the canal trail and trailheads within its boundaries. In May 2017, Council approved an intergovernmental agreement between the Town and Pima County to plan, design, and develop the first CAP Trail segment and trailhead in the region. When complete, the 7-mile Marana segment would connect a trailhead at Tangerine Rd. and I-10 to the Pima County line. Pinal County is currently working on a segment from the Pima County line to Park Link Road.   The planned CAP trailhead will be located approximately one-half mile north of the Tangerine Road/Interstate 10 interchange, east of the location where the CAP canal enters the siphon and goes underground. Public access to the trailhead site will be provided by using an existing CAP access road from Tangerine Road to the trailhead site. Public use of the CAP access road requires improvements to the access road including realignment, grading, fill, and surfacing to accommodate increased traffic and public safety issues related to use of the trailhead. Staff seeks approval of the proposed agreement to contribute funds between the Town and the Central Arizona Water Conservation District (CAWCD). CAWCD is a multi-county water conservation district organized for the purposes, among others, of contracting with the United States for the delivery of CAP water, repayment of CAP costs and operation and maintenance of the CAP aqueduct. CAWCD is willing to contribute funding toward the costs of the improvements to the CAP access road for the trailhead. The proposed agreement provides that CAWCD will contribute up to $34,000 to the project. Financial Impact: Fiscal Year:2020 Budgeted Y/N:Y Amount:$94,229 Funding for the CAP trail and trailhead project is being provided by a variety of sources, including $50,000 from Pima County,  $11,160 in grant funding, and $33,069 from park impact fees. Staff Recommendation: Staff recommends approval of the agreement to contribute funds. Suggested Motion: I move to adopt Resolution No. 2019-072, approving and authorizing the Mayor to execute an agreement to contribute funds between the Town of Marana and the Central Arizona Water Conservation District (CAWCD) for improvements to the Central Arizona Project (CAP) Access Road to serve the CAP Trailhead and Trail within the Town of Marana. Marana Regular Council Meeting 08/06/2019 Page 164 of 300 Attachments Resolution No. 2019-072 Exhibit A - Agreement Marana Regular Council Meeting 08/06/2019 Page 165 of 300 00064412.DOCX /1 Marana Resolution No. 2019-072 MARANA RESOLUTION NO. 201 9-072 RELATING TO PARKS AND RECREATION; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT TO CONTRIBUTE FUNDS BETWEEN THE TOWN OF MARANA AND THE CENTRAL ARIZO NA WATER CONSERVATION DISTRICT (CAWCD) FOR IMPROV EMENTS TO THE CENTRAL ARIZONA PROJECT (CAP ) ACCESS ROAD TO SER VE THE CAP TRAILHEAD AND TRAIL WITHIN THE TOWN OF MARANA WHEREAS the Town of Marana and Pima County entered into an intergovernmental agreement to facilitate the planning, design and development of the Central Arizona Project (CAP) trailhead and trail within the Town ; and WHEREAS access to the CAP trailhead will be pro vided by an existing CAP access road which requires improvements to accommodate increased traffic and public safety issues; and WHEREAS the Central Arizona Water Conservation District (CAWCD), a multi-county water conservation district organized for the pu rposes, among others, of contracting with the United States for the delivery of Central Arizona Project (“CAP”) water, repayment of CAP costs and operation and maintenance of the CAP aqueduct , recognizes that the improvements to the CAP access road are of benefit to both the Town and CAWCD; and WHEREAS CAWCD is willing to contribute funds to the construction of improvements to the CAP access road; and WHEREAS the Mayor and Council of the Town of Marana find that this resolution is in the best interests of t he Town of Marana and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the agreement to contribute funds between the Town of Marana and the Central Arizona Water Conservation District , attached to this resolution as Exhibit A, is hereby approved, and the Mayor is authorized to execute it for and on behalf of the Town of Marana. Marana Regular Council Meeting 08/06/2019 Page 166 of 300 00064412.DOCX /1 Marana Resolution No. 2019-072 IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, conditions and objectives of the agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of August, 2019. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 08/06/2019 Page 167 of 300 Marana Regular Council Meeting 08/06/2019 Page 168 of 300 Marana Regular Council Meeting 08/06/2019 Page 169 of 300 Marana Regular Council Meeting 08/06/2019 Page 170 of 300 Marana Regular Council Meeting 08/06/2019 Page 171 of 300 Marana Regular Council Meeting 08/06/2019 Page 172 of 300      Council-Regular Meeting   C11        Meeting Date:08/06/2019   To:Mayor and Council Submitted For:Keith Brann, Town Engineer From:Glenn Phillips, Civil Engineering Specialist Date:August 6, 2019 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2019-073: Relating to Development; approving a release of assurances for the Camino De Oeste subdivision and accepting public improvements for maintenance (Keith Brann) Discussion: Pulte Homes has an assurance agreement with the Town to construct the Camino de Oeste subdivision.  They have completed public improvements and are ready for the third party trust assurance to be released.   With the adoption of this proposed resolution, the Town will accept for maintenance, including maintenance of regulatory traffic control and street signs, approximately 1.2 miles of the following paved streets as shown on the plat of the Camino De Oeste subdivision: Avenida Tierra Alta Big Ben Lane Archer Ave Toronto Highlands Paseo Rancho Acero Paytons Court Cardinal Street Calle Vista del Sur The Town will also accept for maintenance a potable water system including 7966 linear feet of potable water line, water meters, appurtenances, valves, and fire hydrants with an estimated value of $511,680.60. Marana Regular Council Meeting 08/06/2019 Page 173 of 300 Staff Recommendation: Staff recommends adoption of Resolution No. 2019-073, approving a release of assurances for the Camino De Oeste subdivision and accepting public improvements for maintenance. Suggested Motion: I move to adopt Resolution No. 2019-073, approving a release of assurances for the Camino De Oeste subdivision and accepting public improvements for maintenance. Attachments Resolution No. 2019-073 Overview Map Marana Regular Council Meeting 08/06/2019 Page 174 of 300 Marana Resolution No. 2019 -073 - 1 - 7/23/2019 12:02 PM MARANA RESOLUTION NO. 201 9-073 RELATING TO DEVELOPMENT; APPROVING A RELEASE OF ASSURANCES CAMINO DE OESTE SUBDIVISION AND ACCEPTING PUBLIC IMPROVEMENTS FOR MAINTENANCE WHEREAS the final plat for ‘Camino De Oeste , Lots 1 – 144, and Common Areas “A” (Drainage/Open Space) and “B” (Natural Undisturbed Open Space),’ wa s recorded in the Pima County Recorder’s Office on June 9, 2017, at Sequence 20171600112 (Exhibit “A”); and WHEREAS the Town has a third party trust substitute assurance agreement (the “Assurance Agreement”) with Pulte Home Corporation (the “Subdivider”) and Landmark Title Assurance Agency of Arizona, LLC, as Trustee under trust number 18300-T, recorded in the Pima County Recorder’s office on June 9, 2017, at Sequence 20171600113, assuring the completion of public improvements for Camino De Oeste ; and WHEREAS the Subdivi der has completed the public improvements for Camino De Oeste lots 1-144 acceptable to Town standards in accordance with the Assurance Agreement. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana as follows: Section 1. The Assurance Agreement is hereby released . Section 2. The Town accepts for maintenance, including maintenance of regulatory traffic control and street signs, approximately 1.2 miles of the following paved streets as shown on the plat of Camino De Oeste subdivision: • Avenida Tierra Alta • Big Ben Lane • Archer Ave • Toronto Highlands • Paseo Rancho Acero • Paytons Court • Cardinal Street Marana Regular Council Meeting 08/06/2019 Page 175 of 300 Marana Resolution No. 2019 -073 - 2 - 7/23/2019 12:02 PM • Calle Vista del Sur Section 3. The Town accepts for maintenance, a pota ble water system including 7966 linear feet of potable water line, water meters, appurtenances, valves, and fire hydrants for the above referenced project with an estimated value of $511 ,680.60. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of August, 2019. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 08/06/2019 Page 176 of 300 Marana Regular Council Meeting 08/06/2019 Page 177 of 300      Council-Regular Meeting   C12        Meeting Date:08/06/2019   To:Mayor and Council From:Yiannis Kalaitzidis, Finance Director Date:August 6, 2019 Strategic Plan Focus Area: Community Subject:Resolution No. 2019-074: Relating to Development; amending the definition of Cumulative Maximum Annual Debt Service in the Town of Marana Policy Guidelines and Application Procedures for the Establishment of Community Facilities Districts (Yiannis Kalaitzidis) Discussion: On June 4, 2019 Council approved the  amended Town of Marana Policy Guidelines and Application Procedures for the Establishment of Community Facilities Districts. In defining how to calculate the size of the letter of credit staff inadvertently included a definition for Cumulative Maximum Annual Debt Service (CMADS) that allows for the letter of credit to exceed the originally intended size of no more than 3 times the cumulative total amount of the debt service for the District.  The current definition performs the calculation on the debt service amount of each debt issuance, rather than the cumulative amount of debt service across all issuances.  As a result, it is possible for the sizing of the letter of credit to far exceed the originally planned amount of no more than 3 times the cumulative amount of debt service, potentially causing a financial burden to the development. The updated definition allows for the size of the letter of credit to be calculated at no more than 3 times the cumulative amount of debt service across all debt issuances,  providing an appropriate amount of coverage for the District and its taxpayers. The current definition appearing on page 9 of the policy causing the inadvertent calculation issue is: "CMADS is the sum of the highest annual debt service payment of the proposed bonds at the time of issuance thereof and the highest annual debt serviceMarana Regular Council Meeting 08/06/2019 Page 178 of 300 the proposed bonds at the time of issuance thereof and the highest annual debt service payment of each of the prior outstanding bond issues at the time of issuance thereof (if any)." The recommended updated definition is: "CMADS is the maximum annual debt service with respect to all series of bonds outstanding, including, on the date of issuance of a series of bonds, the series of bonds then being issued." Staff Recommendation: Staff recommends the adoption of Resolution No. 2019-074, approving a revision to the definition of Cumulative Maximum Annual Debt Service in the amended Town of Marana Policy Guidelines and Application Procedures for the Establishment of Community Facilities Districts. Suggested Motion: I move to adopt Resolution No. 2019-074, approving a revision to the definition of Cumulative Maximum Annual Debt Service in the amended Town of Marana Policy Guidelines and Application Procedures for the Establishment of Community Facilities Districts. Attachments Resolution No. 2019-074 Redline comparison Marana Regular Council Meeting 08/06/2019 Page 179 of 300 00064577.DOCX /1 Marana Resolution No. 2019-074 - 1 - 7/23/2019 10:03 AM MARANA RESOLUTION NO. 201 9-074 RELATING TO DEVELOPMENT; AMENDING THE DEFINITION OF CUMULATIVE MAXIMUM ANNUAL DEBT SERVICE IN THE TOWN OF MARANA POLICY GUIDELINES AND APPLICATION PROCEDURES FO R THE ESTABLISHMENT OF COMMUNITY FACILITIES DISTRICTS WHEREAS A.R.S. § 48-701 et. seq. provides for the establishment of community facilities districts (CFD) which provide a funding mechanism to finance const ruction, operation, and maintenance of public infrastructure within the boundaries of a CFD; and WHEREAS on May 21, 1997, the Town Council adopted Resolution No. 97 -42 approving the Town of Marana Policy Guidelines and Application Procedures for the Establishment of Community Facilities Districts (the “CFD Policy Guidelines”); and WHEREAS from time to time the Town Council has amended the CFD Policy Guidelines, including on November 16, 2004 by adoption of Resolution No. 2004-161 and on June 4, 2019 by adop tion of Resolution No. 2019-034; and WHEREAS the Town Council finds that the best interests of the Town are served by amending the definition of Cumulative Maximum Annual Debt Service in the CFD Policy Guidelines . NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The definition of Cumulative Maximum Annual Debt Service (“CMADS”) in subparagraph 4.4(f)(ii) of the CFD Policy Guidelines is hereby amended to read as follows: “CMADS is the maximum annual debt service with respect to all series of bonds outstanding, including, on the date of issuance of a series of bonds, the series of bonds then being issued.” SECTION 2. As so amended, the amended CFD Policy Gui delines, attached to this resolution and incorporated by this reference as Exhibit A, are hereby approved. SECTION 3. The Town’s Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry o ut the terms, obligations, and objectives of the amended CFD Policy Guidelines . Marana Regular Council Meeting 08/06/2019 Page 180 of 300 00064577.DOCX /1 Marana Resolution No. 2019-074 - 2 - 7/23/2019 10:03 AM PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 6th day of August, 2019. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 08/06/2019 Page 181 of 300 EXHIBIT A TO RESOLUTION NO. 2019-074 REVISED POLICY G UIDELINES AND APPLICATION PROCEDURES FOR THE ESTABLISHMENT OF COMMUNITY FACILITIES DISTRICTS 00064577.DOCX /1 Resolution No. 2019-074 7/23/2019 10:03 AM Marana Regular Council Meeting 08/06/2019 Page 182 of 300 EXHIBIT A TO RESOLUTION NO. 2019-074 REVISED POLICY G UIDELINES AND APPLICATION PROCEDURES FOR THE ESTABLISHMENT OF COMMUNITY FACILITIES DISTRICTS 00064577.DOCX /1 Resolution No. 2019-074 7/23/2019 10:03 AM Marana Regular Council Meeting 08/06/2019 Page 183 of 300 EXHIBIT A TO RESOLUTION NO. 2019-074 REVISED POLICY G UIDELINES AND APPLICATION PROCEDURES FOR THE ESTABLISHMENT OF COMMUNITY FACILITIES DISTRICTS 00064577.DOCX /1 Resolution No. 2019-074 7/23/2019 10:03 AM Marana Regular Council Meeting 08/06/2019 Page 184 of 300 EXHIBIT A TO RESOLUTION NO. 2019-074 REVISED POLICY G UIDELINES AND APPLICATION PROCEDURES FOR THE ESTABLISHMENT OF COMMUNITY FACILITIES DISTRICTS 00064577.DOCX /1 Resolution No. 2019-074 7/23/2019 10:03 AM Marana Regular Council Meeting 08/06/2019 Page 185 of 300 EXHIBIT A TO RESOLUTION NO. 2019-074 REVISED POLICY G UIDELINES AND APPLICATION PROCEDURES FOR THE ESTABLISHMENT OF COMMUNITY FACILITIES DISTRICTS 00064577.DOCX /1 Resolution No. 2019-074 7/23/2019 10:03 AM Marana Regular Council Meeting 08/06/2019 Page 186 of 300 EXHIBIT A TO RESOLUTION NO. 2019-074 REVISED POLICY G UIDELINES AND APPLICATION PROCEDURES FOR THE ESTABLISHMENT OF COMMUNITY FACILITIES DISTRICTS 00064577.DOCX /1 Resolution No. 2019-074 7/23/2019 10:03 AM Marana Regular Council Meeting 08/06/2019 Page 187 of 300 EXHIBIT A TO RESOLUTION NO. 2019-074 REVISED POLICY G UIDELINES AND APPLICATION PROCEDURES FOR THE ESTABLISHMENT OF COMMUNITY FACILITIES DISTRICTS 00064577.DOCX /1 Resolution No. 2019-074 7/23/2019 10:03 AM Marana Regular Council Meeting 08/06/2019 Page 188 of 300 EXHIBIT A TO RESOLUTION NO. 2019-074 REVISED POLICY G UIDELINES AND APPLICATION PROCEDURES FOR THE ESTABLISHMENT OF COMMUNITY FACILITIES DISTRICTS 00064577.DOCX /1 Resolution No. 2019-074 7/23/2019 10:03 AM Marana Regular Council Meeting 08/06/2019 Page 189 of 300 EXHIBIT A TO RESOLUTION NO. 2019-074 REVISED POLICY G UIDELINES AND APPLICATION PROCEDURES FOR THE ESTABLISHMENT OF COMMUNITY FACILITIES DISTRICTS 00064577.DOCX /1 Resolution No. 2019-074 7/23/2019 10:03 AM Marana Regular Council Meeting 08/06/2019 Page 190 of 300 EXHIBIT A TO RESOLUTION NO. 2019-074 REVISED POLICY G UIDELINES AND APPLICATION PROCEDURES FOR THE ESTABLISHMENT OF COMMUNITY FACILITIES DISTRICTS 00064577.DOCX /1 Resolution No. 2019-074 7/23/2019 10:03 AM Marana Regular Council Meeting 08/06/2019 Page 191 of 300 EXHIBIT A TO RESOLUTION NO. 2019-074 REVISED POLICY G UIDELINES AND APPLICATION PROCEDURES FOR THE ESTABLISHMENT OF COMMUNITY FACILITIES DISTRICTS 00064577.DOCX /1 Resolution No. 2019-074 7/23/2019 10:03 AM Marana Regular Council Meeting 08/06/2019 Page 192 of 300 EXHIBIT A TO RESOLUTION NO. 2019-074 REVISED POLICY G UIDELINES AND APPLICATION PROCEDURES FOR THE ESTABLISHMENT OF COMMUNITY FACILITIES DISTRICTS 00064577.DOCX /1 Resolution No. 2019-074 7/23/2019 10:03 AM Marana Regular Council Meeting 08/06/2019 Page 193 of 300 CFD POLICY GUIDELINES & APPLICATION PROCEDURES TOWN OF M ARANA, A RIZONA - 1 - TOWN OF MARANA, ARIZONA POLICY GUIDELINES AND APPLICATION PROCEDURES FOR THE ESTABLISHMENT OF COMMUNITY FACILITIES DISTRICTS* In order to secure for the Town of Marana, Arizona (the “Town”) the benefits of the Community Facilities Act† (the “Act”) and to promote the best interests of the Town, the following CFD Policy Guidelines and Application Procedures (these “CFD Policy Guidelines ”) have been adopted by the Town Council. A community facilities district (“CFD”) provides a funding mechanism to finance construction, operation, and maintenance of public infrastructure within the boundaries of the CFD, and to better enable the Town to provide municipal services within the boundaries of the CFD. The Town Council recognizes the ability of the CFD to permit the construction of infrastructure that might otherwise not be constructed. For these reasons, the Town Council has established these CFD Policy Guidelines. Considering that the establishment of a CFD is the legal equivalent of the establishment of an entirely new municipal entity within the boundaries of the Town, the Town Council believes that the formation of the CFD should be entered into carefully, to ensure its lasting success. ARTICLE 1. GENERAL POLICIES 1.1. CFDs should be utilized primarily in connection with the financing of major infrastructure for development of residential projects, master planned communities or projects which include resort hotels or substantial commercial development. 1.2. Priority should be given to CFDs that provide an enhanced level of public infrastructure amenities and/or municipal services. CFD financing will not be provided for public infrastructure improvements which are normally expected as part of a development. Public improvements financed by a CFD should be in conformance with the Town’s General Plan in order to encourage orderly growth and development. 1.3. All costs incurred by the Town and the CFD in connection with the CFD application, formation, and administration, and all operation expenses appurtenant to the CFD, will be paid by the developer/(the “Applicant ”) through advance payments as provided in these CFD Policy Guidelines. Payment shall include payment for services rendered by Town and CFD staff as well as services rendered by outside consultants who may be retaine d by the Town or the CFD, including but not limited to bond counsel, financial advisors, engineers , and appraisers. If the Town or CFD uses outside consultants as “staff,” such as attorneys or engineers, those consultants will also be paid their customary rate for services. If authorized by the CFD Board, exercising its sole discretion, all or part of such costs may be paid by a CFD tax levy or reimbursed to the Applicant from a CFD tax levy, CFD assessment, CFD revenues, or CFD bond proceeds, so long as such reimbursement is in conformance with federal law, state law , and these CFD Policy Guidelines. * Adopted by Marana Resolution No. 97-42 (5/21/1997); amended by Marana Resolution No. 2004-161 (11/5/04) and, Marana Resolution No. 2019-034 (06/04/2019), and Marana Resolution No. 2019-XXX (08/06/2019). † Arizona Revised Statutes section (A.R.S. §) 48-701 et. seq., as amended. Marana Regular Council Meeting 08/06/2019 Page 194 of 300 CFD POLICY GUIDELINES & APPLICATION PROCEDURES TOWN OF M ARANA, A RIZONA - 2 - 1.4. The Town will encourage an area to be governed by as few CFDs as possible , and a preference will be given to one master CFD. These CFD Policy Guidelines are adopted to provide ease of administration and the largest tax/revenue base possible. The decision to form a CFD shall be a decision of the Town Council exercised in its sole and absolute discretion. 1.5. Unless otherwise agreed to by the Town, a CFD formed after 2018 will be governed by a board of directors comprised of the members of the Town Council, ex officio, with two additional members designated by the owner of the largest amount of privately-owned acreage in the proposed district and who are appointed by Town Council. The day-to-day responsibilities of the CFD will be performed by Town staff or, pursuant to a contract, by outside personnel. At the sole option of the CFD Bo ard, advisory committees may be utilized. 1.6. Unless otherwise agreed to by the Town, the CFD must be self-supporting from the standpoints of financing, operations, and maintenance. No Town funds will be used for CFD purposes. Notwithstanding anything contained in these CFD Policy Guidelines, neither the property, the full faith and credit, nor the taxing power of the Town shall be pledged to the payment of any CFD obligation or indebtedness. 1.7. The CFD Board will determine, in its sole and absolute discretion, the amount, timing, and form of financing to be used by a CFD after review of the project feasibility report , Member Appraisal Institute (“MAI”) property appraisals (utilizing the appropriate appraisal methodology) acceptable to the CFD Board, and other required pertinent information. 1.8. A key tenet of these CFD Policy Guidelines is the financial protection of homeowners within a CFD. As such, these CFD Policy Guidelines include provisions that attempt to protect homeowners from financial liability in excess of targeted tax rates and assessments. Similarly, these CFD Policy Guidelines include provisions designed to meet all financial obligations and/or legal exposures of the CFD. 1.9. The CFD will construct all public improvements utilizing public bidding procedures in accordance with applicable laws, rules, and regulations and as would be applied by the Town in a construction project for the Town. In general, this requires compliance with Arizona Revised Statutes Title 34 and the Town of Marana Procurement Code (Town Code Chapter 3-4). 1.10. The CFD will not use bond proceeds or other CFD funds to purchase public rights -of-way or other real property to be used for public infrastructur e improvements, if such real property would be required to be dedicated and conveyed to the Town by the Applicant upon development of its property. 1.11. CFD bond proceeds will not be used for public infrastructure improvements which are included in an infrastructure improvements plan adopted in support of a development impact fee . 1.12. The Town retains the right to select all consultants necessary for the evaluation of any application and the proceedings for the formation of a CFD and the issuance of CFD bonds. This includes but is not limited to any special tax consultant, bond counsel, underwriter, appraiser, engineer, or any other consultant deemed necessary by the Town or the CFD Board. 1.13. These CFD Policy Guidelines may be modified from time to time by the Town. Any applicant will be given the opportunity to propose alternative approaches to those provided herein, with the understanding that concerns of the Town must be adequately addressed before the staff of the Town will recommend approval of a CFD by the Town Council. Marana Regular Council Meeting 08/06/2019 Page 195 of 300 CFD POLICY GUIDELINES & APPLICATION PROCEDURES TOWN OF M ARANA, A RIZONA - 3 - ARTICLE 2. CONTENT OF APPLICATI ON 2.1. Completed Application. Pursuant to A.R.S. § 48-702(B), the Applicant shall submit a completed application for the formation of a CFD (the “Completed Application”) to the Town’s Finance Department before the Town will consider forming a CFD. The Completed Application shall, at a minimum, contain the information set forth below and must be organized in the manner described in this Article. 2.2. Petition in Favor of Formation. The Completed Application shall include a petition signed by the owners of at least 25% of the land area proposed to be included in the CFD. The petition must include a list of all parcels in the proposed CFD along with the parcel number, owner names, situs address and lot size (parcel square footage or acreage) for each individual parcel. 2.3. Applicant Information. The Completed Application shall include: a. A description of the Applicant, including its corporate and organizational structure, and the names of all officers and corporate directors of the Applicant. b. The name, address, telephone number, and email address of the Applicant’s primary contact. c. The names, addresses, telephone numbers, and email addresses of any legal representatives, engineers, architects, financial consultants or other consultants of the Applicant or significantly involved in the application. d. A general description of the Applicant’s experience with similar types of developments. e. Evidence demonstrating the Applicant ’s ability and capacity (including financial statements and supporting information) to undertake the proposed public infrastructure and private development. 2.4. Board M ember Information. The Completed Application shall describe the process for the designation of two additional CFD Board members, including the following: a. Provide the names, addresses, telephone numbers, email addresses, backgrounds , qualifications, and other relevant information of the two proposed additional CFD Board members to be designated by the owner of the largest amount of privately owned acreage in the proposed CFD. b. State the process for the designation of the two additional CFD Board members on completion of the development of all property in the CFD. c. Provide documentation evidencing each proposed CFD Board member’s acknowledgment of his or her obligation to comply with Arizona Revised Statutes Title 38 (“Public Officers and Employees ”), Chapter 3 (“Conduct of Office”), Articles 3.1 (“Public Meetings and Proceedings”) and 8 (“Conflict of Interest of Officers and Employees ”). d. Provide unqualified hold harmless and indemnity guarantees to the Town, the CFD, and officers, agents and employees of the Town and the CFD for the actions and conduct of each proposed CFD Board member. 2.5. Proposed CFD . The Completed Application shall include: a. A description of how the proposed CFD meets the existing development objectives of the Town, including the degree to which the CFD is consistent with the goals of the Town ’s Marana Regular Council Meeting 08/06/2019 Page 196 of 300 CFD POLICY GUIDELINES & APPLICATION PROCEDURES TOWN OF M ARANA, A RIZONA - 4 - General Plan for promoting orderly development, consistent with growth management policies and zoning requirements and the degree to which the land use plan for the CFD is consistent with the Town’s General Plan Map for the area. b. A general description of the proposed CFD with an analysis of the appropriateness of the CFD boundaries. c. A legal description of the proposed CFD boundaries with an accompanying depiction. d. A current title report showing the names and addresses of persons with any interest in the land within the proposed CFD boundaries. e. A certificate from the respective county elections department(s) showing the names and addresses of all qualified electors in the proposed CFD boundaries. 2.6. Project Description and Proposed Improvements . The Completed Application shall include: a. A general plan setting out a detailed description of the types of public infrastructure to be financed by the CFD, including the estimated construction or acquisition c osts of the public infrastructure and the annual operation and maintenance costs of the public infrastructure and the governmental approvals that will be required for both the public and private improvements to be constructed and operated within the proposed CFD. b. A proposed project schedule for commencement and completion of the public infrastructure and the private development within the proposed CFD. 2.7. Financing Plan. The Completed Application shall include a detailed description of the financing plan that includes the sources and uses of monies to be used to cover the capital, operating, and maintenance costs for the public infrastructure within the proposed CFD, including the proposed types and amounts of tax-exempt/taxable bonds requested to be considered for the public improvements. 2.8. Financial Feasibility Study. The Completed Application shall include a financial feasibility study, covering the period of time until the last proposed bond of the CFD will be paid, for the entire project being developed on the property in the proposed CFD, including both the public infrastructure and the private development. The financial feasibility study shall include: a. An analysis of how the proposed debt financing, operation and maintenance costs, user charges and other CFD costs will be allocated and what will be the impact to the ultimate end users of the property, specifically projected property taxes and property ta x rates, special assessments, fees, charges and any other costs that would be borne by property in the CFD. The analysis shall also address the impact these costs will have on the marketability of the private development and a comparison of proposed tax ra tes or charges within the proposed CFD contrasted with the tax rates and charges within the proposed CFD contrasted to the tax rates and changes in adjoining and similar areas outside of the proposed CFD. b. A financing plan for the private development in the CFD. c. A market absorption study for the private development in the CFD, prepared by an independent consultant acceptable to the Town, which shall include estimates of the Marana Regular Council Meeting 08/06/2019 Page 197 of 300 CFD POLICY GUIDELINES & APPLICATION PROCEDURES TOWN OF M ARANA, A RIZONA - 5 - revenue to be generated by the development, an estimate of the ability of the market to absorb the development, and a market absorption calendar for the development. d. A value-to-lien ratio analysis based on the requirements of these CFD Policy Guidelines . The value portion of the analysis shall be the estimated value of the property within the CFD determined per subparagraph 4.6.g.iii below. The lien portion of the analysis shall be the sum of the principal amount of any outstanding CFD public financing and the proposed public financing. e. A description and estimated amounts of the proposed equity contribution from the Applicant and a calendar showing the timing of such equity contribution. 2.9. Insurance . The Completed Application shall provide an explanation of how insurance coverage shall be provided by the Applicant and how assurances will be provided that premiums and deductibles will be paid in the future. The Applicant is responsible for the cost of insurance to cover all actions and activities taken by the Board of Directors and officers of the CFD relating to the CFD formation, financing, administrative actions or other related activities of the types, in amounts and with deductibles determined by the Risk Manager of the Town. Insurance must include “per occurrence coverage” including a “securities” rider if bonds are to be sold. 2.10. Indemnification. The Completed Application shall indicate how indemnification as required by the Development Agreement will be provided by the Applicant to the Town and the CFD and their agents, officers, and employees for, from, and against any and all liabilities, claims, costs and expenses, including attorneys’ fees, incurred in any challenge or proceeding to the formation, operation, administration of the CFD, the offer and sale of CFD bonds, the levying by the CFD of any tax, assessment or charge and the operation and maintenance of public infrastructure financed or owned by the CFD. The Completed Application shall include financial statements and other supporting information for the entity providing the indemnification and shall provide appropriate collateral to cover the indemnity. 2.11. Other Information. The Completed Application shall include: a. A detailed description of the proposed marketing plan to be used by the Applicant and/or home builders to market property within the CFD. This information may include, but is not limited to, descriptions and cost estimates of public infrastructure improvemen ts to be financed by the CFD and a comparison of the proposed CFD to similar CFDs in the area. b. A homebuyer disclosure form with a signed acknowledgement of receipt by the initial homebuyer of each lot in the CFD, in which the Applicant or home builder explains to prospective CFD landowners all of the following: i. The existence of the CFD. ii. The purposes for which the CFD was formed. iii. The CFD’s expected and possible secondary property tax rate. iv. The estimated annual secondary tax amount based on applying the CFD’s expected and possible secondary property tax rate to a representative residential property value . v. Assessment and other financial burdens of the CFD. Marana Regular Council Meeting 08/06/2019 Page 198 of 300 CFD POLICY GUIDELINES & APPLICATION PROCEDURES TOWN OF M ARANA, A RIZONA - 6 - c. The Applicant’s description of the signing and record-keeping processes to be used for retaining all signed homebuyer disclosure forms, which shall include a requirement that the Applicant or home builder shall file with the Town a copy of each signed homebuyer disclosure form within 30 days of sale. d. An operating plan for the CFD, explaining what functions the CFD will provide and how the operation and maintenance of the infrastructure and all other services in the CFD will be provided. e. The District Development and Financing Participation Agreement between the Town and the Applicant (the “Development Agreement ”) in substantially final form, including all terms and provisions to be approved by the Town if formation of a CFD is approved. The Development Agreement must include matters required by the Act, including without limitation the subdivision public report requirements at A.R.S. § 48-708 (D), and must have been fully negotiated by the Applicant and Town staff, with agreement by both parties. ARTICLE 3. APPLICATION PROCEDUR ES 3.1. The original and one electronic copy of the application for the formation of a CFD shall be submitted to the Finance Director of the Town who will coordinate an interdepartmental analysis of each application. 3.2. At the time of submission of the application, the applicant shall pay an application fee of $15,000.00. 3.3. Prior to submission of a Completed Application, and at the request of a potential Applicant , the Finance Director may arrange a pre -application conference with the potential Applicant , appropriate Town staff, and outside professionals and consultants, for the purpose of discussing the possible submission of a Completed Application for conformity with these CFD Policy Guidelines. 3.4. The Applicant shall provide any and all supplemental information request ed by Town staff at or following the pre-application conference or any other time during the application process. 3.5. The review, analysis and consideration of a Completed Application will include: a. A comprehensive review of the completed application to determine whether the completed application is consistent with these CFD Policy Guidelines, identification of missing or incomplete information and identification and discussion of any concerns with the Applicant. This will include, but will not be limited to, examining the project feasibility, analysis of land ownership interests, financing analyses, risk analysis and evaluation of community benefits. b. Under the direction of the Finance Director, a report may be prepared including recommendations related to the proposed CFD and an analysis of the impact of the formation of the proposed CFD and its effects on the Town. The report may recommend that additional requirements be placed on the Applicant, on any related developer , landowner, or builder, and/or on the proposed CFD itself. This review will include the preliminary approval of the form, terms and provisions of the “substantially complete ” Development and Financing Participation Agreement necessary for formation of a CFD. 3.6. Within 60 days after the Applicant’s submission of a Completed Application, the Town Council shall hold a public hearing to consider the Completed Application. A resolution Marana Regular Council Meeting 08/06/2019 Page 199 of 300 CFD POLICY GUIDELINES & APPLICATION PROCEDURES TOWN OF M ARANA, A RIZONA - 7 - declaring the intent to form a CFD may be considered by Town Council immediately following the public hearing. If the Town Council does not adopt the resolution, it will provide a written basis for not adopting the resolution and shall identify the specific changes needed for the completed application to be approved. 3.7. If an application includes a petition for formation signed by owners of all of the land in the proposed CFD and meets all the requirements of Article 2 in form satisfactory to the Town, the Town may declare the CFD formed without posting, publication, mailing, notice and public hearings or landowner election. Otherwise, the alternative provisions of the Act must be followed. 3.8. If the Town Council approves the formation of a CFD, any existing agreements with the Applicant for the provision of infrastructure proposed to be furnished by the CFD will be deemed amended to reflect the agreements and conditions pertaining to the CFD. The amendments will reflect that such infrastructure improvements will be provided (including by acquisition) by either the Applicant or the CFD. 3.9. If the Town Council approves an application for formation of a CFD, the Applicant and Town staff shall coordinate a schedule of events for formation of the CFD and shall finalize negotiat ion of the Developme nt Agreement, which shall be entered into prior to or concurrently with formation of the CFD and which shall incorporate the requirements of any report or recommendations of Town staff relating to the CFD, the requirements of these CFD Policy Guidelines, and any other restrictions and provisions required by the Town. ARTICLE 4. CFD OPERATIONS AND D EBT FINANCING 4.1. The Applicant shall be obligated to pay costs and expenses incurred in connection with the formation, review of any feasibility study, election costs, adminis tration, operation, and maintenance of the CFD or its public improvements. a. Upon formation of a CFD the Applicant shall deposit with the Town’s Finance Department a non-refundable administrative expense fee in the amount of $50,000. The administrative expense fee shall be applied by the Town to the costs and expenses incurred in connection with the formation, review of any feasibility study, election costs, administration, operation, and maintenance of the CFD or its public improvements. From time to time, upon depletion of the administrative expense fee, the Town may request, and the Applicant shall promptly deposit, additional $25,000 deposits to be applied to the purposes contemplated in this Section 4.1. b. An ad valorem tax of $.30 per $100 of assessed valuation for all real and personal property in the CFD shall be assessed pursuant to A.R.S. § 48 -723 to cover administrative, operation, and maintenance expenses incurred by the CFD and by the Town for the benefit of the CFD. CFD administration, operation, and maintenance costs will be paid first from the proceeds of this ad valorem tax, and then from the Applicant’s deposit referenced in subsection 4.1.a above. c. The Applicant shall provide $100,000 in the form of a cash contribution, letter of credit, or other acceptable form of security, which shall be bankruptcy proof, as required by the CFD Board, to secure the Applicant’s obligation to pay costs and expenses incurred in connection with administration, operation, and maintenance of the CFD or its public improvements. Marana Regular Council Meeting 08/06/2019 Page 200 of 300 CFD POLICY GUIDELINES & APPLICATION PROCEDURES TOWN OF M ARANA, A RIZONA - 8 - d. The security required under subsections 4.1.a and 4.1.c above shall remain in full force and effect until the assessed value of real property in the CFD generates at least $100,000 per year ad valorem taxes from the $.30 per $100 of assessed valuation assessed pursuant to A.R.S. § 48-723 for a period of three consecutive years or until the CFD is dissolved pursuant to A.R.S. § 48-724. e. The Applicant remains obligated to pay costs and expenses incurred in connection with the CFD notwithstanding any release of security. 4.2. In connection with any request for debt financing, the Applicant shall provide a current appraisal of the fair cash market value of the property within the proposed CFD which is to be taxed or assessed, prepared by a person who is designated as a Member Appraisal Institute (“MAI”) and a certified general real estate appraiser (such person hereafter referred to as an “MAI Appraiser”), such appraisal to be in form and substance acceptable to the Town, in its sole discretion. 4.3. The amount of CFD debt shall not have any substantial direct or indirect negative impacts on the debt or financing capabilities of the Town, and the CFD debt shall not impose an unreasonable financial burden on future CFD residents. 4.4. General obligation bonds of the CFD are secured by an ad valorem tax on all taxable property located within the CFD. An Applicant seeking the issuance of CFD general obligation bonds shall describe in each project feasibility report the following: a. The current direct and overlapping ta x and assessment burden on the taxable property that is proposed to be taxed and the full cash value and assessed valuation of the taxable property as shown on the most recent assessment roll. b. The amount and timing of CFD general obligation bonds to be is sued. c. The expected market absorption of development within the CFD. d. The effect of the CFD bond issuance on CFD tax rates, calculated as of the beginning, midway through, and at the end of the market absorption period , or based on the phasing of the project to be financed, as applicable. e. Estimated savings, if any, to residents in the form of reduced home sales prices which are projected to result from CFD financing. f. The proposed total tax rate of the CFD. i. If the pre-established debt service target tax rate is not sufficient to pay the entire debt service in respect of outstanding general obligation bonds when due at the time of issuance thereof, the Applicant will be required to contribute an amount annually sufficient to pay the difference between the revenues produced by the pre-established target tax rate and the actual CFD debt service coming due in that fiscal year. ii. To secure the Applicant’s payment of the contribution described in the preceding subparagraph, the Applicant shall provide security in the form of a cash contribution, letter of credit, or other acceptable form of security, which shall be bankruptcy proof, as required by the CFD Board, such that the total amount of all such security is equal to the larger of (i) three times the difference between Cumulative Maximum Annual Debt Service (“CMADS”) and the estimated taxes to be collected in the year Marana Regular Council Meeting 08/06/2019 Page 201 of 300 CFD POLICY GUIDELINES & APPLICATION PROCEDURES TOWN OF M ARANA, A RIZONA - 9 - immediately following the year of bond issuance or (ii) one times CMADS. Any security provided by the Applicant and held by the CFD for prior bond sales will be taken into account for the purpose of determining the amount of security required for each subsequent bond issuance. CMADS is the sum of the highest maximum annual debt service payment of the proposed bonds at the time of issuance thereof and the highest annual debt service payment of each of the prior outstanding bond issues atwith respect to all series of bonds outstanding, including, on the timedate of issuance thereof (if any)of a series of bonds, the series of bonds then being issued . All of the foregoing items need to be described in detail. A cash flow schedule illustrating the security amount and the time period required to cover such shortfall will be required to be submitted by the Applicant prior to the issuance of general obligation bonds. The security shall remain in full force and effect until all of the bonds are paid off or the assessed value of real property in the CFD generate s ad valorem taxes at the pre- established CFD target tax rate sufficient to pay CMADS for a period of three consecutive tax years beginning the year immediately following the final bond issuance. g. Whether the bonds will be publicly offered or privately placed. Publicly offered bonds mus t be rated in one of the four highest investment grade ratings from Standard & Poor ’s Corporation, Moody’s Investors Services, Inc., or another nationally recognized bond rating service. Privately placed bonds need not be rated; however, the purchase rs of such general obligation bonds must be “qualified institutional buyers” (as that term is defined in Rule 144A of the Securities Exchange Commission) and must agree not to resell the bonds except to “qualified institutional buyers” in a private placement ; provided, however, that a purchaser of general obligation bonds in a private placement may sell the bonds in a public offering if the CFD board approves the public sale and the bonds have an investment grade rating. 4.5. Revenue bonds shall be payable from a CFD revenue source. An Applicant seeking the issuance of CFD revenue bonds must describe in each project feasibility report, the following: a. The current direct and overlapping tax and assessment burdens on the taxable property within the CFD and the full cash value and assessed valuation of that taxable property as shown on the most recent assessment roll. b. The revenue source from which bonds will be payable. The Town reserves the right to require the applicant to produce such independently prepared feasibility s tudies or reports as it deems necessary to confirm the amount and availability of revenues. c. The expected market absorption of development within the CFD. d. The amount and timing of CFD revenue bonds to be issued. e. The financial impact of the proposed issue (s) on prospective residents. f. Whether the bonds will be publicly offered or privately placed. Publicly offered revenue bonds must be rated in one of the four highest investment grade ratings from Standard & Poor’s Corporation, Moody’s Investors Service, Inc., or another nationally recognized bond rating service. Privately place bonds need not be rated; however, the purchasers of such revenue bonds must be “qualified institutional buyers” and must agree not to sell the bonds except to “qualified institutional buyers” in a private placement; provided, however, Marana Regular Council Meeting 08/06/2019 Page 202 of 300 CFD POLICY GUIDELINES & APPLICATION PROCEDURES TOWN OF M ARANA, A RIZONA - 10 - that a purchaser of a revenue bond in a private placement may sell the bonds in a public offering if the CFD board approves the public sale and the bonds have an investment grade rating. 4.6. Assessment bonds shall be secured by first lien (subject only to the lien for general taxes and prior special assessments) on the property benefited. An Applicant seeking the issuance of CFD assessment bonds shall describe in the application and in each project feasibility report, the following: a. The current direct and overlapping tax and assessment burdens on real property to comprise the CFD and the full cash value and assessed valuation of t hat property as shown on the most recent assessment roll. b. The amount and timing of CFD assessment bonds to be issued. c. The expected market absorption of development within the CFD. d. The assessment burden to be placed on prospective residents. e. Whether the assessments will be paid upon the sale of lots by the Applicant or will remain on the property after sale. f. If assessed parcels of land are expected to be subdivided, the process by which the assessments will be allocated to the subdivided land. g. Whether the assessment bonds will be publicly offered or privately placed. i. Publicly offered assessment bonds must be rated in one of the four highest investment grade ratings from Standard & Poor’s Corporation, Moody’s Investors Service, Inc., or another nationally recognized bond rating service. Alternatively, in an unrated public offering, the Applicant shall provide an independent fee appraisal of the land to be encumbered, prepared by an MAI Appraiser and in form and substance acceptable to the CFD Board, in its sole discretion, evidencing 1) A land value to debt ratio of at least 4 to 1 prior to the issuance of debt for extraordinary public infrastructure requirements (as defined in subparagraph 5.5.b below). 2) A land value to debt ratio of at least 6 to 1 prior to the issuance of debt in all other circumstances. ii. Privately placed bonds need not be rated; however the purchasers of such assessment bonds must be “qualified institutional buyers” who must agree to hold the bonds for their own account or agree not to sell the bonds except to “qualified institutional buyers.” In connection with the sale of unrated privately placed assessment bonds, the Applicant shall provide an independent fee appraisal of the land to be encumbered, prepared by an MAI Appraiser and in form and substance acceptable to the CFD Board, in its sole discretion, indicating a land value to debt ratio of at least 4 to 1 as of a date prior to the issuance of debt. iii. The independent fee appraisal provided by the Applicant for an unrated public offering (subparagraph i above) or for privately placed bonds (subparagraph ii above) shall value the property as follows: Marana Regular Council Meeting 08/06/2019 Page 203 of 300 CFD POLICY GUIDELINES & APPLICATION PROCEDURES TOWN OF M ARANA, A RIZONA - 11 - 1) Where the bonds will be used to pay for extraordinary public infrastructure requirements (as defined in subparagraph 5.5.b below), the appraisal shall be based on the appraised value of the land to be encumbered including the value of constructed or expected to be constructed public improvements. The value of public improvements expected to be constructed will only be considered if adequate security (performance bond or similar) is in place to ensure that the assets are constructed. 2) In all other circumstances, the appraisal shall be based on the appraised value of the land to be encumbered at its bulk wholesale value prior to any private or public improvements being installed. 4.7. Notwithstanding the restrictions pertaining to public sales and private placements of the bonds set forth in this Article 4, the restrictions may be modified if other financing structures are presented which, in the sole discretion of the CFD Board, provide other means to address CFD concerns. ARTICLE 5. FINANCING CONSIDERATIONS 5.1. The Applicant shall provide at least $0.25 in infrastructure or community improvements for each $1.00 of debt to be issued by a CFD to finance public infrastruc ture purposes. If agreed to by the CFD, prior infrastructure and community improvements constructed or acquired by the Applicant and benefiting the property within the CFD may be included in calculating the Applicant’s compliance with this Section 5.1. 5.2. If allowed by law, all bond issues shall include a debt service reserve fund in an amount acceptable to the CFD Board. 5.3. Privately placed bonds shall have minimum authorized denominations of $100,000. 5.4. A general obligation bond authorization for a CFD shall expire no later than the earlier of the 15th anniversary of the first bond issuance or 75% of development lots. Under extenuating circumstances the CFD Board may, in its sole and absolute discretion, extend this period. 5.5. In further consideration of the types of debt obligations used to finance the acquisition or construction of eligible public infrastructure, the following shall guide CFD obligations : a. Routine Public Infrastructure Requirements. General obligation bonds shall be the preferred financing mechanism for CFDs with routine public infrastructure requirements . The pre-established debt service target tax rate shall be levied upon all CFD taxable property. b. Extraordinary Public Infrastructure Requirements. General obligation bonds and/or special assessment bonds may be used for any portion of extraordinary public infrastructure required for the CFD. Extraordinary public infrastructure requirements are those infrastructure elements not routinely required for a development project. Examples of extraordinary public infrastructure include but are not necessarily limited to transportation interchanges, water reclamation facilities, water treatment campus es, and similar regional public infrastructure improvements. The pre-established debt service target tax rate shall not be exceeded and shall be levied upon all CFD taxable property for any general obligation bonds, as applicable. Special assessment liens shall not exceed the value-to-lien ratio described in subparagraph 4.6.g above on a per lot basis. Marana Regular Council Meeting 08/06/2019 Page 204 of 300 CFD POLICY GUIDELINES & APPLICATION PROCEDURES TOWN OF M ARANA, A RIZONA - 12 - 5.6. The Applicant or a third party acceptable to the Town and the CFD Board shall indemnify the Town and the CFD and their agents and employees and shall hold the Town and the CFD and their agents and employees harmless for, from and against any and all liabilities, claims, costs and expenses, including attorneys’ fees, incurred in any challenge or proceeding to the formation, operation, administration of the CFD, the offer and sale of CFD bonds, the levying by the CFD of any tax, assessment or charge and the operation and maintenance of public infrastructure financed or owned by the CFD. 5.7. The Applicant shall obtain and pay the cost of a directors and officers (D&O) insurance policy to cover all actions and activities taken by the CFD Board and officers of the CFD relating to the CFD formation, financing, administrative actions and other related activities . The Applicant shall deposit the amount of any deductible under the D&O insurance policy in escrow with the CFD Board or shall provide security acceptable to the CFD Board for the amount of the deductible. The amount of the D&O coverage shall at all times equal or exceed $2,000,000 per occurrence and $2,000,000 aggregate. The CFD Board may increase the D&O coverage from time to time commensurate with increases in coverage obtained by the Town for its directors and officers. 5.8. Unless otherwise provided to the Town pursuant to other requirements, prior to CFD financing and acquisition by the CFD or Town, the CFD or Town will require an independent environmental report or assessment of any real property which will be dedicated to or otherwise owned, leased or operated by the Town or the CFD and a proposed form or indemnity agreement with respect to all environmental liability. Marana Regular Council Meeting 08/06/2019 Page 205 of 300 Document comparison by Workshare 9.5 on Tuesday, July 23, 2019 9:37:43 AM Input: Document 1 ID file://X:\WDOX\TNATDOCS \FINANCE\CFD\00062350.DOCX Description 00062350 Document 2 ID X:\WDOX\TNATDOCS \FINANCE\CFD \00064574.DOCX Description X:\WDOX\TNATDOCS \FINANCE\CFD \00064574.DOCX Rendering set Standard Legend: Insertion Deletion Moved from Moved to Style change Format change Moved deletion Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statistics: Count Insertions 6 Deletions 5 Moved from 0 Moved to 0 Style change 0 Format changed 0 Total changes 11 Marana Regular Council Meeting 08/06/2019 Page 206 of 300    Council-Regular Meeting   C13        Meeting Date:08/06/2019   To:Mayor and Council From:Jane Fairall, Deputy Town Attorney Date:August 6, 2019 Strategic Plan Focus Area: Not Applicable Subject:Ordinance No. 2019.016: Relating to Business Regulations; adopting revisions to Marana Town Code Title 9 (Business Regulations); revising section 9-1-2 (Definitions) to amend the definition of “residential real property rental” and to add a definition of “vacation rental” or “short-term rental”; adding new section 9-2-4 (Vacation rental or short-term rental contact information) and renumbering the sections that follow to conform; revising section 9-3-3 (Exemptions) to clarify an exemption related to peddlers; revising section 9-13-5 (Additional application requirements) to clarify application requirements for mobile food vendors; and declaring an emergency (Jane Fairall) Discussion: On June 4, 2019, the Council adopted comprehensive revisions to Title 9 of the Marana Town Code relating to business licenses and regulations. If adopted, this proposed ordinance will make minor revisions to those provisions to ensure compliance with state law and to provide necessary clarification. As adopted on June 4, the Code allowed the Town to require short-term or vacation rentals to obtain a business license to operate in the Town. However, the Arizona Attorney General has issued an opinion that, pursuant to a state law prohibiting municipal licensing of residential rental properties, municipalities may not require short-term rentals to obtain a business license either. In this past legislative session, the Arizona legislature passed HB 2672 that does allow municipalities to require the owner of a short-term or vacation rental to provide contact information to the municipality. The proposed ordinance includes the following provisions: A change to the definition of “residential real property rental” so that short-term rentals are included in the definition. This will have the effect of exempting Marana Regular Council Meeting 08/06/2019 Page 207 of 300 rentals are included in the definition. This will have the effect of exempting short-term rentals from licensing (just as all other residential rentals are). Addition of a definition of “vacation rental” or “short-term rental” to adopt the definition provided in state law. Addition of a new provision requiring the owner of a vacation or short-term rental to provide the Town with contact information. In addition to the changes regarding short-term rentals, Town staff is proposing a slight change to section 9-3-3 of the new Code. This section contains a list of people and businesses that are exempt from the requirement to obtain a peddler's license, even if they are traveling from door-to-door for their business. The change makes it clear that employees of licensed businesses do not need a peddler's license when they are soliciting sales door-to-door, as long as the employees' employer is a business licensed with the Town. Finally, staff is also proposing an amendment to section 9-13-5 regarding application requirements for mobile food vendors. This section as originally adopted requires an applicant to provide the Town with a copy of its mobile food unit license issued by the Arizona Department of Health Services (DHS). However, DHS has advised staff that it will not be issuing licenses on a state level, but have delegated licensing to the counties. Section 9-13-5 requires applicants to provide a copy of county health department certification so no other changes to the code are required. The ordinance includes an emergency clause so that it will go into effect immediately upon adoption. Town staff proposes this approach to ensure that our Code is in compliance with state law. Financial Impact: The changes proposed in this ordinance are not expected to have a substantive effect on the Town's overall budget. Staff Recommendation: Staff recommends approval of the proposed ordinance. Suggested Motion: I move to adopt Ordinance No. 2019.016, adopting revisions to Marana Town Code Title 9 (Business Regulations) and declaring an emergency. Attachments Ordinance No. 2019.016 Marana Regular Council Meeting 08/06/2019 Page 208 of 300 00064520.DOCX /2 Marana Ordinance No. 2019.016 - 1 - MARANA ORDINANCE NO. 2019.016 RELATING TO BUSINESS REGULATIONS; ADOPTING REVISIONS T O MARANA TOWN CODE TITLE 9 (BUSINESS REGULATIONS); REVISING SECTION 9-1-2 (DEFINITIONS) TO AMEND THE DEFINITION OF “RESIDENTIAL REAL PROPERTY RENTAL” AND TO ADD A DEFINITION OF “VACATION RE NTAL” OR “SHORT-TERM RENTAL”; ADDING NEW SECTION 9-2-4 (VACATION RENTAL OR SHORT-TERM RENTAL CO NTACT INFORMATION) AND RENUMBERING THE SECTIONS THAT FOLLOW TO CONFORM; REVISING SECTION 9-3-3 (EXEMPTIONS) TO CLAR IFY AN EXEMPTION REL ATED TO PEDDLERS; REVISING SECTION 9-13-5 (ADDITIONAL APPLICATION R EQUIREMENTS) TO CLAR IFY APPLICATION REQUIREMENTS FOR MOBILE FOOD VENDORS; AND DECLARING AN EMERGENCY WHEREAS the Town Council is authorized by A.R.S. § 9 -240 to authorize the issuance of licenses and to direct the manner of issuing licenses; and WHEREAS the Town Council finds that revising Title 9 of the Marana Town Code regarding business regulations as set forth in this ordinance is in the best interests of the Town and its residents. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: Section 1. Marana Town Code Title 9 (Business Regulations) is hereby am ended to revise section 9-1-2 (Definitions ) as follows (with deletions shown with strikeouts and additions shown with double underlining): 9 -1 -2 Definitions The following definitions shall apply throughout this title unless the context clearly indicates or requires a different meaning. [No revisions to paragraphs A through L] M. “Residential real property rental” means the business of offering for rent, lease, or license a building or structure that is used for a home or residence by one or more persons who maintain a household. This definition does not include any of the following: 1. Short-term rentals for a period of 29 consecutive days or less; Marana Regular Council Meeting 08/06/2019 Page 209 of 300 00064520.DOCX /2 Marana Ordinance No. 2019.016 - 2 - 12 .The use of a home or residence for business activities, including assisted living or behavioral health residential facilities; or 23 .The use of a home or residence for any other business operation that does not meet this definition of residential real property rental. [No revisions to paragraphs N and O] P. “Vacation rental” or “short-term rental” means the same as defined in A.R.S. § 9 -500.39. Section 2. Marana Town Code Title 9 (Business Regulations) is hereby amended to add new section 9 -2-4 (Vacation rental or short-term rental contact information) and to renumber the sections that follow to conform : 9 -2 -4 Vacation rental or short-term rental contact information A. Before offering for rent or renting a vacation rental or short -term rental, the owner of the vacation rental or short -term rental shall provide the license inspector with contact information for the owner or the owner’s designee on a form provided by the license inspector for that purpose. B. The owner or the owner’s designee is responsible for responding to complaints in a timely manner in person, by telephone, or by e -mail at any time of day. C. The license inspector shall not charge a fee to a n owner providing the information required by this section . Section 3. Marana Town Code Title 9 (Business Regulations) is hereby amended to revise section 9-3-3 (Exemptions ) as follows (with additions shown with double underlining): 9 -3-3 Exemptions The provisions of this chapter shall not apply to: [No revisions to paragraphs A through C] D. Merchants or their employees soliciting orders for goods or services or delivering goods and services in the regular course of business, as long as the merchants obtain and maintain a valid business license issued pursuant to and subject to the provisions of chapter 9 -2. [No revisions to paragraph E] Marana Regular Council Meeting 08/06/2019 Page 210 of 300 00064520.DOCX /2 Marana Ordinance No. 2019.016 - 3 - Section 4. Marana Town Code Title 9 (Business Regulations) is hereby amended to revise section 9-13-5 (Additional application requirements ) as follows (with deletions shown with strikeouts): 9 -13-5 Additional application requirements In addition to the application requirements set forth in section 9 -2 -4 , any per son desiring to obtain a license to conduct business as a mobile food unit shall submit all of the following supplemental information: [No revisions to paragraphs A through D] E. A copy of the required mobile food unit license issued by the Arizona department of health services. Section 5. The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance. Section 6. All ordinances, resolutions, or motions and part s of ordinances, resolutions, or motions of the Council in confli ct with the provisions of this o rdinance are hereby repealed, effective as of the effective date of this o rdinance. Section 7. 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 8. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this ordinance become immediately effective, an emergency is hereby declared to exist, and this ordinance shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 6th day of August, 2019. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 08/06/2019 Page 211 of 300    Council-Regular Meeting   C14        Meeting Date:08/06/2019   To:Mayor and Council From:Yiannis Kalaitzidis, Finance Director Date:August 6, 2019 Strategic Plan Focus Area: Commerce,  Community,  Heritage,  Recreation,  Progress & Innovation Strategic Plan Focus Area Additional Info: Marana's Strategic Plan identifies financial sustainability as an overriding principle of Marana's Strategic Framework. Subject:Ordinance No. 2019.017: Relating to Finance; amending the Town of Marana Comprehensive Fee Schedule; and designating an effective date (Yiannis Kalaitzidis) Discussion: The Town created a town-wide, Comprehensive Fee Schedule and standardized fees across all departments. At the time of the initial fee schedule adoption, it was determined that an annual review of the Comprehensive Fee Schedule should occur to ensure that the Town was continuing to cover its costs, where appropriate, and that it was charging fair and equitable fees to its customers. Staff conducted this year's review of the Comprehensive Fee Schedule with the following goals in mind:  Ensure that fees reflect the actual cost of providing programs and services to customers, where appropriate.  Identify opportunities to streamline, consolidate and modernize the application and use of our fees to encourage/facilitate development. Eliminate errors, inconsistencies and unused items within the existing comprehensive fee schedule.  Staff presented the proposed changes to Council at the March 19, 2019 meeting.  Then, on June 18, 2019, the Council adopted fee schedule amendments that did not involve new or increased fees. The items addressed by this agenda item include either new or increased fees; no changes have been made to the amendments proposed Marana Regular Council Meeting 08/06/2019 Page 212 of 300 during the March 19, 2019 meeting.  Notification letters of possible fee schedule changes were sent to the Southern Arizona Home Builders Association (SAHBA) and the Metropolitan Pima Alliance (MPA) to provide them the opportunity to review the proposed changes to the Comprehensive Fee Schedule and clarify any issues or areas of concern.  We did not receive any comments. Pursuant to A.R.S Section 9-499.15, the Town did post notice of possible changes to the Comprehensive Fee Schedule, as required. This statute requires that the Town provide notice on its website of any new or increased fees for businesses at least 60 days before the meeting is scheduled to consider approving the new fees and/or fee increases.  If approved, the changes to the comprehensive fee schedule will be effective on September 6, 2019. Financial Impact: Fiscal Year:2020 Budgeted Y/N:Y Amount:Immaterial The proposed amendments will not have a material impact on revenues. Staff Recommendation: Staff recommends approval of the amendments to the Town fee schedule. Suggested Motion: I move to adopt Ordinance No. 2019.017, adopting the amendments to the Town of Marana fee schedule and designating an effective date. Attachments Ordinance No. 2019.017 FY2020 Comprehensive Fee Schedule--New Increases Marana Regular Council Meeting 08/06/2019 Page 213 of 300 00064602.DOCX /1 Marana Ordinance No. 2019 .017 - 1 - MARANA ORDINANCE NO. 2019.017 RELATING TO FINANCE; AMENDING THE TOWN O F MARANA COMPREHENSIVE FEE SCHEDULE; AND DESIGNATING AN EFFECTIVE DATE WHEREAS the Town Council is authorized by A.R.S. § 9 -240(A) to control the finances of the town; and WHEREAS the Town Council, via Ordinance No. 201 7.004, adopted an amended comprehensive fee schedule on February 7, 2017, which was made a public record by and attached as Exhibit A to Resolution No. 201 7-010; and WHEREAS from time to time the Town Council has adopted amendments to the comprehensive fee schedule, most recently on June 18, 2019, via Ordinance No. 2019.015; and WHEREAS amending the comprehensive fee schedule as set forth in this ordinance is in the best interests of the Town of Marana. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. The Town of Marana comprehensive fee schedule adopted via Ordinance No. 2017.004, as previously amended, is hereby amended (with deletions shown with strikeouts and additions shown with double underlining ) (only amendments to the fee schedule are shown; the remainder of the fee schedule is unchanged): Fee/Description Amount Unit of Measure Notes GENERAL SERVICES: LICENSING Liquor License Application; Fair/Festival License $25.00 Per application Fee is in addition to any fees payable to the State of Arizona Department of Liquor Licenses and Control. GENERAL SERVICES: MISCELLANEOUS Agreement Preparation Fee See notes See notes Actual fees and costs charged by the Town’s outside counsel for preparing an agreement, if the Town determines outside counsel is Marana Regular Council Meeting 08/06/2019 Page 214 of 300 00064602.DOCX /1 Marana Ordinance No. 2019.017 - 2 - needed for the particular agreement; applies to all types of agreements. The Town Manager has the authority to waive this fee for agreements the Manager believes provide substantial benefits to the Town equal to or greater than outside counsel costs and fees. COMMUNITY SERVICES: PARKS, RECREATION AND SPECIAL EVENTS – PARK RENTALS Commercial Use Fee for Trails & Paths (excursions, races, guided tours, etc.) $2.00 Per person For commercial activity on established Town trails and shared use path. May be subject to an approved Commercial Use Permit (additional cost $75 with resubmittal every 6 months) or Special Event Permit (additional $50 or $300 based on event location type). Concession Stand Commercial Use Fee (Special Events, Sports Tournaments, Races, etc.) $75.00 Per day Commercial or special event use of concession stand; requires approved Concession Stand Rental Agreement; fee does not apply during regular season for Youth/ Nonprofit leagues with approved field contract user agreements . Concession Stand Lost Key Fee $100.00 Per occurrence DEVELOPMENT SERVICES: PLANNING – ANNEXATION AND ZONING General Plan Map Amendment -Major $2600.00 + $40.00 per acre $3,000.00 Per amendment Specific Plan Land Use Designation Major Amendment See note $5,000.00 Per submittal Fee includes associated text amendments . Fee is same as total application fee for specific plan as calculated. DEVELOPMENT SERVICES: PLANNING – SIGNS Signs; Planned sign program $560.00 600.00 Per submittal application Revisions to accepted plans are charged $200.00. Includes 1st & 2nd submittals. Reviews after Marana Regular Council Meeting 08/06/2019 Page 215 of 300 00064602.DOCX /1 Marana Ordinance No. 2019.017 - 3 - 2nd submittal and revisions to accepted plans are each charged 30% of original fee. DEVELOPMENT SERVICES: PLANNING – ADDRESSING AND MISCELLANEOUS Wireless permit application; 6409(a) or Administrative wireless facilities $150.00 Per application Fee is non-refundable and due at time of submittal Wireless permit application; 3rd party review deposit $500.00 Per application If consultant fees exceed the deposit, the balance will be collected and due prior to permit issuance. If the consultant fees are less than the deposit, a refund will be issued. SECTION 2. The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance. SECTION 3. All ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the Co uncil in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance ; provided, however, that this repeal shall not affect the rights and duties that matured or penalties that were incurred and p roceedings that were begun before the effective date of the repeal . SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this ordinance. SECTION 5. This ordinance shall become effective on the 31st day after its adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, Arizona, this 6th day of August, 2019. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 08/06/2019 Page 216 of 300 1 Proposed Action Fee Description Current Unit of Measure Proposed Unit of Measure Current Amount Proposed Amount Notes Basis for Change Add new fee Agreement Preparation Fee n/a see Notes n/a see Notes Actual fees and costs charged by the Town’s outside counsel for preparing an agreement, if the Town determines outside counsel is needed for the particular agreement; applies to all types of agreements. The Town Manager has the authority to waive this fee for agreements the Manager believes provide substantial benefits to the Town equal to or greater than outside counsel costs and fees. A simlar fee applicable only to development agreements was eliminated at the June 18, 2019 Council meeting. This new fee will allow the Town to recover costs for the use of outside counsel for any type of agreement when outside counsel is deemed necessary. The Town Manager may still waive the fee if the benefits to the Town outweigh outside counsel costs. Add new fee Liquor License Application; Fair/Festival License n/a Per application n/a $25.00 Fee is in addition to any fees payable to the State of Arizona Department of Liquor Licenses and Control This is a relatively new type of liquor license under state law and the Town does not currently have a fee for it. As this type of license is similar to and requires a similar amount of staff time for processing as a special event liquor license application, the same fee of $25 is proposed. Add new fee Wireless permit application; 6409(a) or Administrative wireless facilities Per Application $150 Fee is non-refundable and due at time of submittal Establish a fee for services as described in the Marana Town Code 17-18-5. Fee based on 1.5 hours of review time ($70/hour) and additional admin time ($45). Fees for Conditional use permits are already established. Add new fee Wireless permit application; 3rd party review deposit Per Application $500 If consultant fees exceed the deposit, the balance will be collected and due prior to permit issuance. If the consultant fees are less than the deposit, a refund will be issued. Establish fee for services as described in the Marana Town Code 17-18. General Services Marana Regular Council Meeting 08/06/2019 Page 217 of 300 2 Proposed Action Fee Description Current Unit of Measure Proposed Unit of Measure Current Amount Proposed Amount Notes Basis for Change Increase existing fee Signs; Planned sign program Per submittal Per Application $560.00 $600.00 Revisions to accepted plans are charged $200.00 Fee increased to account for the additional staff time required for planning commission as part of the sign code update. Removed "planned" from the description to allow this fee to also be used for new residential subdivision sign program fee established in the sign code update. It is expected that staff time will be similar for both programs Modify existing fee Specific Plan Land Use Designation Major Amendment Per submittal Per submittal See Note $5,000.00 Fee is same as total application fee for specific plan as calculated. Fee includes associated text amendments Modification to encompass all changes associated with a land use change. Also modified the fee structure to a flat fee that more accurately reflects staff time to review/approve. Modify existing fee General Plan Map Amendment-Major Per Amendment Per Amendment $2600.00 + $40.00 per acre $3,000.00 No history of previous requests were found. Reduced fee to simplify and more accurately represent the work involved for mapping, notices and public hearing Add new fee Commercial Use Fee for Trails & Paths (excursions, races, guided tours, etc.) Per Person $2.00 For commercial activity on established Town trails and shared use path. May be subject to an approved Commercial Use Permit (additional cost $75 with resubmittal every 6 months) or Special Event Permit (additional $50 or $300 based on event location type). Allows department to coordinate and authorize commercial use of trail and path assets to ensure impact and liabilities are being considered in advance. Aligns Marana fees for similar use with Pima County and Oro Valley. Add new fee Concession Stand Commercial Use Fee (Special Events, Sports Tournaments, Races, etc.) Daily $75.00 Commercial or special event use of concession stands. Requires approved Concession Stand Rental Agreement (Fee does not apply during regular season for Youth/Nonprofit leagues with approved field contract user agreements) Allows the department to expand access to Town operated concession stands for commercial use. Add new fee Concession Stand Lost Key Fee Per Occurrence $100 Parks & Recreation Development Services Marana Regular Council Meeting 08/06/2019 Page 218 of 300    Council-Regular Meeting   C15        Meeting Date:08/06/2019   To:Mayor and Council Submitted For:Steve Miller, Airport Manager From:Dan Grossman, CIP Process Analysis Date:August 6, 2019 Strategic Plan Focus Area: Commerce Strategic Plan Focus Area Additional Info: PRINCIPLE STATEMENT 2: WE WILL SEEK AND RETAIN DIVERSE INDUSTRIES AND COMMERCE. Initiative 3: Invest in airport infrastructure and lease opportunities to grow airport operations. Subject:Relating to Procurement; ratifying the Town Manager's approval of two change orders to the Pavex Corp. construction contract for the Airport Rehabilitation of Taxiways, Tie Downs, Helicopter pad, and Terminal Apron (AP025) project in the amounts of $71,926.91 and $188,418.76; authorizing the transfer of appropriations if necessary for the change orders; and authorizing the Town Manager or designee to execute the necessary documents to effectuate the change orders (Steve Miller) Discussion: Marana Town Code Section 3-4-7(B)(4) provides that Town Council approval is necessary for change order that individually or cumulatively exceed $50,000. However, Section 3-4-8(B) provides that the Town Manager may approve change order to public improvements contracts that exceed that amount if the Town Manager determines that doing so will avoid unnecessary contractor delay claims or costs, or public health or safety hazards that would otherwise occur while awaiting Town Council approval. When the Town Manager approves a change order in these circumstances, Town Council ratification of the change order must occur as soon as practicable thereafter.   The budget for fiscal year 2018-2019 was adopted on June 19, 2018. The Airport Rehabilitation of Taxiways, Tie Downs, Helicopter pad, and Terminal Apron (AP025) project was properly included within the Town of Marana’s FY2019 CapitalMarana Regular Council Meeting 08/06/2019 Page 219 of 300 project was properly included within the Town of Marana’s FY2019 Capital Improvement Plan. The final, revised budget amount for the Airport Rehabilitation of Taxiways, Tie Downs, Helicopter pad, and Terminal Apron (AP025) project is $6,758,371.00.   The Town and Pavex Corp. entered into a construction contract in the amount of $4,676,686.00 to construct the Airport Rehabilitation of Taxiways, Tie Downs, Helicopter pad, and Terminal Apron (AP025) project.   The Town has processed two previous change orders to the Pavex Corp. construction contract totaling $143,032.19, bringing the total current construction contract amount to $4,819,718.19. The first change order addressed by this agenda item combines several smaller elements of work that are outside the contract into a single modification that includes pulverization of previously treated subgrade stabilization; relocation of utilities; improvements to increase the load bearing capacity of several storm drains; reconstruction of distressed pavement located outside the work limits; and increases for quantity overruns for several existing bid items. The cost of this change order is $71,926.91. The second change order addressed by this agenda item provides compensation for increases in the cost of bituminous oil in asphaltic concrete. Bids for the project opened on May 10, 2018, and required contractors to guarantee pricing through September 21, 2018. The Notice to Proceed was not issued until December 10, 2018, primarily due to unforeseen delay in issuance of funding by the granting agency. The cost escalations for bituminous materials have been independently substantiated through third-party sources. The cost of this change order is $188,418.76.   These change orders will bring the construction contract total to $5,080,063.86, with the cost of the two change orders at $260,345.67.  At the close of the project, staff will be requesting reimbursement from the FAA of its 91.06% portion, in the amount of $237,070.77 and ADOT’s 4.47% portion, in the amount of $11,637.45.   This change order was necessary to avoid unnecessary contractor delay claims and the amount of this change order, combined with all previous change order, exceeds $50,000.00; therefore, this change order required immediate approval by the Town Manager. With an active construction contract and Contractor in place, the Town Manager exercised his authority under section 3-4-8(B) of the Town Code to authorize a change order to the contract. This item is on the agenda for the Town Council to ratify the Town Manager's action. Financial Impact: Fiscal Year:2020 Budgeted Y/N:Y Amount:$260,345.67 Marana Regular Council Meeting 08/06/2019 Page 220 of 300 This change order will be funded with Airport Capital Funds, GL Account # 52592000-8015-AP025.   Staff Recommendation: Staff recommends ratification of the Town Manager's approval of the change orders. Suggested Motion: I move to ratify the Town Manager's approval of two change orders to the construction contract with Pavex Corp. for the Airport Rehabilitation of Taxiways, Tie Downs, Helicopter pad, and Terminal Apron (AP025) project for the Marana Regional Airport in the amounts of $71,926.91 and $188,418.76; to authorize the transfer of appropriations if necessary for the change orders; and to authorize the Town Manager or designee to execute the necessary documents to effectuate the change orders. Attachments No file(s) attached. Marana Regular Council Meeting 08/06/2019 Page 221 of 300      Council-Regular Meeting   C16        Meeting Date:08/06/2019   To:Mayor and Council From:Cherry L. Lawson, Town Clerk Date:August 6, 2019 Subject:Approval of the Regular Council Meeting Summary Minutes of June 18, 2019 (Cherry L. Lawson) Attachments 06/18/2019 Draft Regular Council Meeting Summary Minutes Marana Regular Council Meeting 08/06/2019 Page 222 of 300 June 18, 2019 Regular Council Meeting Summary Minutes 1 MARANA TOWN COUNCIL REGULAR COUNCIL MEETING 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers June 18, 2019, 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 John Officer, Council Member Roxanne Ziegler, Council Member SUMMARY MINUTES CALL TO ORDER AND ROLL CALL Mayor Honea called the meeting to order at 7:0 2 PM and directed the Clerk to call the roll. Vice Mayor Jon Post; Council Members Dave Bowen, Patti Comerford, Herb Kai, Roxanne Ziegler and John Officer were present. There were a quorum of council members present constituting a quorum. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE: Led by Mayor Honea. APPROVAL OF AGENDA Council Member Bowen moved and Vice Mayor Post seconded the motion to approve the agenda. Motion Passed: 7-0 CALL TO THE PUBLIC Mayor Honea opened the meeting to receive public comments. There were no comments offered. Marana Regular Council Meeting 08/06/2019 Page 223 of 300 June 18, 2019 Regular Council Meeting Summary Minutes 2 PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Bowen stated his vacation was great. Council Member Officer commented about the improvements on Ina Road and wished to thank Town staff for their efforts and hard work. MANAGER’S REPORT: SUMMARY OF CURRENT EVENTS Town Manager Jamsheed Mehta reported, this is the last council meeting of the fiscal year, and provided an overview of the number of items Council had considered during the 2018/2019 fiscal year. T his Council has handled 227 action items that does not include proclamations, various presentations , over 100 resolutions and 24 ordinances . Council has held several public hearings as well you had 29 meetings throughout this fiscal year counting this one . Some of the major items that Council have considered, some of them were bold moves made by the Council setting the stage for future growth and development. If you recall the half cent sales tax was repealed back to promises made promises kept. This is the year and Council also made some significant investment in Water Treatment Facilities that's $15,000,000 worth, and that was quick action on the part of this Council to take care of something that was not its fault, and yet it is paying the price for that. The Make Marana 2040 P lan has progressed significantly and now the Town is in the final stretches of that particular project going forward f or the General Plan update . Council granted approval for the FAA Airport Control Tower application that has been received by the FAA now; that is with news we should be hearing from them in a few months. The Land Development Code particularly the Downtown District and the Sign Code Ordinance was also approved by this Council. Marana joined the Sun Corridor and now we now have full membership within that organization after a lapse of some years. Council has identified and set up a funding target to p ay up the PSPRS Pension Funding Plans—it now has a policy that guides Marana. As far as the budget process and that too is again on your agenda for tonight. The final budget includes two significant Employee Benefit Programs the Paid Parental Leave Program and the Tuition R eimbursement Program. These two programs were initiated here by this Council. Council also engaged in Council Connections as this was your attempt to reach out to the residents, and businesses in a more informal se tting which we have here every Council Meeting. Council also had the Marana Legislature Day. In all, a very fruitful beneficial year with several significant landmark decisions made by Council. He thanked Council and the staff who work behind the scenes to bring forward important resolutions and ord inance s. Marana Regular Council Meeting 08/06/2019 Page 224 of 300 June 18, 2019 Regular Council Meeting Summary Minutes 3 He announced with the departure of Jo hn Kmiec, Water Director for last seve n years, we have Scott Schladweiler who has been appointed the Interim Water Director. He will be presenting of one of on the agenda later this evening. Mr. Mehta stated with this being the last meeting of this fiscal year as we normally do we take the month of July off and return in August. August 6th would be the next scheduled Council Meeting. Staff will move forward with a cancellation notice should be going out soon officially to cancel the two scheduled meetings of July . PRESENTATIONS CONSENT AGENDA Council Member Ziegler moved and Council Member Kai seconded the motion to approve the Consent Agenda. Motion Passed: 7-0 C1 Resolution No. 2019 -050: Relating to Intergovernmental Relations; approving and authorizing the Town Manager to execute a Lobbying Services Agreement with Tri - advocates, LLC for fiscal year 2020 (Tony Hunter) C2 Resolution No. 2019-051: Relating to Development; approving a final plat for Del Webb at Dove Mountain VIII, Lots 554-595 and Common Area "A" (Drainage/Open Space) located south of Dove Mountain Boule vard and east of Rim Trail (Brian D. Varney) C3 Resolution No. 2019-052: Relating to Development, approving a final plat for Saguaro Bloom Block 8A, a re -plat of Lots 15, 27, 28, 29, 33, 73, 74, 87, 88 and Common Areas B and C at the northeast corner of Saguaro Peaks Blvd. and Hidden Saguaro Trail. (Steven E. Vasquez) C4 Resolution No. 2019 -053: Relating to Administration; designating Yiannis Kalaitzidis as the Town of Marana’s chief fiscal officer for purposes of submitting the Town’s annual expenditure limitation report as required by A.R.S. §41 -1279.07 (Jane Fairall) C5 Resolution No. 2019 -054: Relating to Economic Development; approving and authorizing the Mayor to execute a funding agreement between the Town of Marana and the Marana Chamber of Commerce, Inc. for fiscal year 2019 -2020 to support operation of the Marana Visitor Center and provision of services to the Marana community (Curt Woody) C6 Resolution No. 2019-055: Relating to Municipal Court; approving and authorizing the Mayor to execute an intergovernmental agreement between Pima Marana Regular Council Meeting 08/06/2019 Page 225 of 300 June 18, 2019 Regular Council Meeting Summary Minutes 4 County and the Town of Marana for provision of video -court hearings of municipal prisoners for 2019-2020 (Laine Sklar) C7 Resolution No. 2019-056: Relating to Municipal Court; approving and authorizing the Mayor to execute an intergovernmental agreement between Pima County and the Town of Marana for payment for the incarceration of municipal prisoners for the period of July 1, 2019 through June 30, 2020 (Jane Fairall) C8 Resolution No. 2019-057: Relating to Community and Neighborhood Services; approving and authorizing the Mayo r to execute Amendment Two to the Intergovernmental Cooperative Agreement between Pima County and the Town of Marana for the Community Development Block Grant (CDBG) Program and HOME Investment Partnership Program for federal fiscal years 2017 -2022 (Lisa Shafer) C9 Ordinance No. 2019.013: Relating to Business Regulations; repealing Town Code Chapter 9-9 (Cable Television) and replacing it with Town Code Chapter 9 -9 (Video Services) to conform to Arizona Revised Statutes Title 9 Chapter 13 as adopted by La ws 2018 Chapter 331 (Senate Bill 1140); and adopting the Uniform Video Services License Agreement and the Application and Affidavit for Uniform Video Service License (Frank Cassidy) Resolution No. 2019-058: Relating to Business Regulations; declaring as a public record filed with the Town Clerk the Application and Affidavit for Uniform Video Service License and Uniform Video Service License Agreement forms adopted by Marana Ordinance No. 2019.013 (Frank Cassidy) C10 Ordinance No. 2019.014 : Relating to Personnel; approving and adopting amendments to the Town’s Personnel Policies and Procedures, revising Chapter 2 – Employment Process, Chapter 4 – Employment Benefits and Leaves, and Chapter 6 - Performance Management and Employee Development (Curry Hale) C11 Ordinance No. 2019.015: Relating to Finance; amending the Town of Marana Comprehensive Fee Schedule; and designating an effective date (Yiannis Kalaitzidis) Resolution No. 2019-059: Relating to Finance, declaring as a public record filed with the Town Clerk the amendments to the Town of Marana Comprehensive Fee Schedule adopted by Ordinance No. 2019.015 (Yiannis Kalaitzidis) C12 Approval of the June 11, 2019 Council Study Session Summary Minutes, and the June 4, 2019 Council Regular Meeting Summary Minutes (Cherry L. Lawson) LIQUOR LICENSES Marana Regular Council Meeting 08/06/2019 Page 226 of 300 June 18, 2019 Regular Council Meeting Summary Minutes 5 L1 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a new series 12 Restauran t liquor license application submitted by Jose Dan Montano on behalf of DDS Seafood Grill, located at 4140 W. Ina Road, Suite 180, Tucson, Arizona 85741. Town Clerk Cherry Lawson provided an overview of the liquor license application before the Council for its consideration, stating staff recommends approval of the license to be granted. Vice Mayor Post moved and Council Member Ziegler seconded the motion to adopt and submit to the DLLC an order recommending approval of a new series 12 Restaurant liquor license application submitted by Jose Dan Montano on behalf of DDS Seafood Grill, located at 4140 W. Ina Road, Suite 180, Tucson, Arizona 85741. Motion passed, unanimously: 7-0. BOARDS, COMMISSIONS AND COMMITTEES B1 Resolution No. 2019 -060: Relating to Boards, Commissions and Committees, making appointments to the Town of Marana Planning Commission (Cherry L. Lawson) Ms. Lawson provided an overview of the Planning Commission appointments recommending the incumbents be reappointed for a fo ur year term expiring June 30, 2023. Council Member Comerford moved and Vice Mayor Post seconded the motion to adopt Resolution No. 2019-060, appointing Sharon Tyson, Thomas Schnee, Bryan Schachter, and Theresa Fehrmann to the Town of Marana Planning Commission with terms expiring June 30, 2023. Motion passed, unanimously: 7-0. COUNCIL ACT ION A1 PUBLIC HEARING: Ordinance No. 2019.010 : Relating to Development; approving a rezoning of approximately 52 acres of land located east of Interstate 10, approximately a half-mile south of Linda Vista Boulevard, from Zone E (Transportation Corridor Zone) and Zone C (Large Lot Zone) to R -3.5 (single-family residential) and R -6 (single-family residential), and approximately 17.4 acres of land from Zone E (Transportation Corridor Zone) to Village Commercial (VC); and approving a minor amendment to the Marana General Plan land use designation from Low -Density Residential (LDR) to Medium-Density Residential (MDR) (Brian D. Varney) Senior Planner Brian Varney provided a PowerPoint overview of the item stating this is a continuance of the public hearing that was held by the City Council on May 7, 2019 for the Joplin Estates Rezoning. The Council voted to continue the public hearing to Marana Regular Council Meeting 08/06/2019 Page 227 of 300 June 18, 2019 Regular Council Meeting Summary Minutes 6 provide the applicant with time to reevaluate i ts’ recreational provision to the planned subdivision, which they have and were in attendance to present the updates to Coun cil. The Planning Center will explain later in the public hearing their methodology behind the changes . He provided a synopsis of the project stating this is 69.4 acres is located S and SE of the Marana Center. The current zoning there is zone C and zone E and the proposed zoning is R3.5, R6 and (VC) Village Commercial. The minor amendment to the General Plan is amendment from LDR to MDR which is Low Density to Medium Density. Of the 69.4 acres, 52 are proposed to be rezoned to residential R3.5, R 6—that is 33.7 acres in 18.3 respectively . The remaining 17.4 is currently zoned E proposed to be resolved to (VC) Village Commercial and a Low Density to Medium Density is the request for the minor amendment to the General Plan. The biggest change here is the recreational area as it has been increased from 1.2 acres to 2.6 which has resulted in the block count reduction from 190 to 185 , and the density is subsequently come down from 3.65 two 3.56 . All of the changes and the revisions have been incorporated into the text of the site analysis document as well as the exhibits . There have been a couple of revisions made since the Staff Report packet was assembled, and those revisions include an additional condition to the ord inance . The ordinance has been amended to include a condition which limits the minimum lot size and the R3.5 to 4800 square feet. The additional revision is that the conceptual exhibits for the neighborhood park and also the dog park have been amended to include the amenities were drinking fountain for people in both of the parks and the drinking fountain for dogs at the dog park . Staff is recommending approval of the ord inance for the rezoning as well as the accompanied General Plan Amendment subject to conditions that are within the draft ordinance . Council Member Ziegler inquired about the procedural concept nature for dog parks in general asking whether this is a concern for the Town as o ppose d to the Planning Center. Her concern is not about the dog park, but rather, it is regarding drinking fountains for the dogs. She stated The Planning Center is looking to add a water fountain in its dog park, but questioned whether fountains for anima ls would be installed in all of the Town’s parks, as she would like to see some consistency with regards to them. She has asked many times for drinking fountain at Crossroads at Silverbell District Park. She does not believe there is a drinking fountain at Ora Mae Harn Park. She asked about the Town’s philosophy for installing a dog park in relation to adding drinking fountains for the animals. She apologized for bringing the matter up, and asked when the appropriate time is to voice this concern as she believes it should be a policy document. Mr. Mehta stated staff could definitely take it up with Council Member Ziegler and introduce it more as a policy document for a later time as now the Town is not prepared to provide an answer. This concern could be discussed later in the evening during Future Agenda Items. Marana Regular Council Meeting 08/06/2019 Page 228 of 300 June 18, 2019 Regular Council Meeting Summary Minutes 7 Project Manager Lexy Wellot, The Planning Center provided an update to the case before the Council. The property is located just east of Interstate 10 south of the outlets mall. It is currently vacant surrounded by vacant land to the north which is in the process of being pl atted. Linda Vista Village Plat will come before Council in the months to follow. That is occurring to north of Marana, and the y have large lots to the east and some u nregulated subdivisions to the south with a horse training facility an d a dog shelter. When the Planning Center initially submitted this site plan, we came in with a proposal of 190 lots , one Neighborhood Park that was approximately 30,000 square feet, one trail that was a total of 24,000 square feet , and a total of 17.2 acres of collective open space . At the May 7 Council Meeting, Council expressed its concern with the lack of recreational amenities such as parks and a dog park. They took the concerns expressed by Council and revised its site plan and redu ced the planned lot count by five (5) in an effort to increase the overall park amenities . The park amenities that they are now looking to provid e is a 79,000 square foot park that will encompass this greater area . Also are proposing to include picnic tab les, benches, some concrete block ways , play equipment, shade structures , a Ramada and turf that are approximately 9,000 square feet. In addition to the 79,000 square foot neighborhood park , they have also added a 12,000 square foot dog park which will feature a shade structure , picnic tables, benches, and both parks will have drinking fountains accessible to both humans and animals at each park. Further adding to the dog park and the neighborhood park, they will add a trail head as there was one previously; however, the new one will conform to what a trail should look like. This trail will be 10 feet wide adjacent to the drainage way and will feature stabilized decomposed granite path that will look m ore of a natural feel . The y wanted asphalt, but it gets a little hot and so by doing a decomposed granite stabilized natural path, they believe that it will create a nice welcoming place for all that will be ADA accessible as well. Ms. Wellot illustrated a side by side comparison from what they had been initially approved for by the Planning Commission verses the recommended changes as requested by Council. She explained the changes stating they did not have a minimum cap on their lot size that they have since included in the document as an added condition. However, the minimum lot size will now be 4,800 square feet for the R 3.5 zone. They went from a 30,000 square foot neighborhood park to 91,000 square feet including of the Dog Park and Neighborhood Park. They are committed to providing play structures , Ramada’s, picnic tables , Dog Park, shade sails, drinking fountains etc. When you breakdown that park square footage they have increased it from an overall 284 square feet per lot to 622 square feet per lot. It is their intention in these parts to make sure that the landscaping is kept well and so irrigation will be provided to the trees in the park. Marana Regular Council Meeting 08/06/2019 Page 229 of 300 June 18, 2019 Regular Council Meeting Summary Minutes 8 Mayor Honea stated the redesign looks so much better than it did when it was initially presented to Council. He commended The Planning Center on the revised concept with the improvements and infrastructure being added. Council Member Bowen also commended them for the redesigned work of th is proposed community stating he is very much in favor of it. Vice Mayor Post asked whether the access point will be straight from Linda Vista. Ms. Wellot replied affirming the access point will go straight down from Linda Vista down to Camino de Estes as well as for commercials. Vice Mayor Post move and Council Member Bowen seconded the motion to adopt Ordinance No. 2019.010, approving the Joplin Estates Rezoning, subject to the recommended conditions. Motion passed, unanimously: 7-0. A2 PUBLIC HEARING: Resolution No. 2019 -061: Relating to Budget; adopting the Town of Marana's fiscal year 2019 -2020 final budget (Yiannis Kalaitzidis) Council Member Bowen moved and Vice Mayor Post seconded the motion to adopt Resolution No. 2019-061, adopting the Town of Marana's fiscal year 2019-2020 final budget. Motion passed, unanimously: 7-0. A3 Resolution No. 2019-062: Consideration and possible adoption of a resolution approving and authorizing the execution and delivery of a First Amendment to District Development, Financing Participation and Intergovernmental Agreement (Gladden Farms (Phase II) Community Facilities District) and declaring an emergency (Frank Cassidy) Town Attorney Frank Cassidy addressed the Council stating the Council saw this as the District Board of the Gladden Farms II CFD. He explained this is a three party agreement that is between the Community Facilities District, the Town and the Developer. The reason is the Development Agreement and an Intergovernmental Agreement is actually an amendment to the agreement that was done way back when the district was first created . This amendment is require d simply to take account of new things that have happened , for example Forest City Enterprises with the developer on the original agreement. This agreement now puts the petrous entities in that place . The Letter of Credit and Stand by Obligations are now brought forward to line up with our current requirements for that. Some of the terminology has been modernized ; the new tax policy that now refers to Limited Fast Valuation instead of just Assessed Valuation. That is because of a change in law since this District was created . This is simply a matter of cleaning up some of the language. Council Member Kai moved and Council Member Ziegler second the motion to adopt Resolution No. 2019-062, approving and authorizing the signing of the Fir st Marana Regular Council Meeting 08/06/2019 Page 230 of 300 June 18, 2019 Regular Council Meeting Summary Minutes 9 Amendment to District Development, Financing Participation and Intergovernmental Agreement (Gladden Farms (Phase II) Community Facilities District) and declaring an emergency. Motion passed, unanimously: 7 -0. ITEMS FOR DISCUSSION / POSSIBLE ACTION D1 Relating to Development and Public Works; update, discussion, and possible direction regarding public and private projects and development applications on the Town’s Marana Current and Proposed Projects internet site (Jamsheed Mehta) Mr. Mehta stated the Town has not received any new request as of this day that was reported during the last Council Meeting. 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) Mr. Mehta reported there are no updates on this item at this time. D3 Presentation: Relating to Utilities; update, discussion and possible direction regarding proposed changes to water and water reclamation rates and fees (Scott Schladweiler) Interim Water Director Scott Schladweiler and Todd Cristiano, Senior Manager with Raftelis provided a PowerPoint Presentation on the proposed changes to the water and water reclamation rates and fees. (PowerPoint Presentation is on file in the Town Clerk Office as well as on the Town’s website.) Below is a brief overview of the PowerPoint. Ag enda 1. Rate-setting process 2. Water financial plan and rates 3. Water Reclamation Financial Plan and Rates 4. Water and Water Reclamation Bill Comparisons 5. Next Steps Study goals and objectives • Multi-year financial plan, cost-of-service, and rates which sustain the long -term financial health of the water and water reclamation utilities o Securing of current and future water resources o Fund system improvements o Fund preventative maintenance programs o Develop and fund a reserve policy o Ensure timely payment of annual debt obligations Marana Regular Council Meeting 08/06/2019 Page 231 of 300 June 18, 2019 Regular Council Meeting Summary Minutes 10 o Development of rates that provide revenue stability and promote conservation • Water and wastewater bills are increasing nationwide o US Consumer Price Index Comparison Data from the Bureau of Labor Statistics o Drivers for the Increases ▪ Energy costs ▪ Aging and additional infrastructure ▪ Increased regulatory pressures • Previous rate increase plan initiated in 2013 o Water ▪ April 2014 (+6.5%) (Cumulative 6.5%) ▪ January 2015 (+6.5%) (Cumulative 13.4%) ▪ January 2016 (+4.7%) (Cumulative 20.6%) ▪ January 2017 (+4.7%) (Cumulative 27.9%) • Water Reclamation ▪ April 2014 (increased to match Pima County) 1. Rate-setting process • Industry publications provide the framework o American Water Works Association, Manual M-1, Principles of Rates, Fees, and Charges o Raftelis Financial Consultants, Water and Wastewater Finance and Pricing o Water Environment Federation, Financing and Charges for Wastewater Systems • The rate -setting proce ss o Financial Plan: What level of revenue is needed to meet expenditures, reserves, and bond covenants? o Cost-of-Service: Is each customer class paying their equitable share? o Rate Design: How should costs be recovered? • Step 1: Financial Plan o Financial Polici es: Apply financial policies which inform the cash flow analysis o Revenues at Existing Rates and other income: Projected number of customers, consumption, and revenues o O&M and Capital Budget: Forecast of expenditures o Capital Funding Sources—Rates, Debt, Capacity Fees: Identify level of rate revenue, bonds and fees for financing capital projects o Revenue Increases: Adjust revenues to meet annual expenditures and financial policies o Cash Flow Analysis: Summary of projected revenues, expen ditures and rate increases Marana Regular Council Meeting 08/06/2019 Page 232 of 300 June 18, 2019 Regular Council Meeting Summary Minutes 11 • Step 2: Cost-of-Service Analysis o Determines cost to provide service to each customer class based on the demands they impose on the utility o Recognizes customer classes’ differing service characteristics Water Wastewater - Average demand - Billable contributed flow - Peak demands - Number of customers by class - Number of customers by class - Number of meters by class o Costs will vary by customer class • Step 2: Cost-of-Service Analysis – A multi-step process o Determine revenue required from rates o Assign operating and capital costs based on system facility or function in the system which incurs that expense o Allocate those costs based on how facilities are designed and operated within system o Distribute allocated costs to customer classes based on their demand characteristics • Step 3: Rate design o Method of recovering the cost to provide service for each customer class o Water and wastewater rate designs typically consist of a monthly fixed charge and a volumetric rate o Fixed charge ▪ Meter maintenance and meter reading ▪ Customer service, billing, and collection, general administration ▪ Portions of salaries and benefits and other general fixed expenses (utilities, uniforms, office equip., maintenance, etc.) ▪ A component of capital costs – readiness to serve o Volume rate, $ per 1,000 gallons ▪ Water volume rate generally recovers the cost to collect, treat and distribute water to customers ▪ Wastewater volume rates generally recover cost to collect, treat, and recharge of treated effluent o Water and Water Reclamation utility general assumptions o Each utilities’ financials are separated into funding for operations and funding for capital projects ▪ Operating cash flow ▪ Shows the ability of rates for each utility to meet annual O&M, debt, transfers to the capital fund, reserves and debt service coverage ▪ Capital cash flow ▪ Shows the ability of bond proceeds and rate revenue required to meet annual capital costs ▪ Study period: FY20 – FY24 ▪ Test year rates: FY20 Marana Regular Council Meeting 08/06/2019 Page 233 of 300 June 18, 2019 Regular Council Meeting Summary Minutes 12 2. Water • Water Financial Planning Assumptions o Forecast period: FY20-FY24 o FY19 number of accounts: 8,094 ▪ Over 95% of accounts are residential o Annual account growth: 5.5%; 470 accounts o Projected consumption: Based on historical customer billing data from FY17 and FY18 o Target operating reserves: 90 days O&M • Water Operating Cash Flow Summary • Water Operating Fund Cash Flow Summary $ Millions • Water FY20 Revenue Requirement $ Millions • Water Comparison FY20 Cost of Service to FY20 Revenue Under Existing Rates • Fire Service – New Fee o Standby service o Provided to customers with private hydrants, standpipes or sprinkler systems o Fire service fee improves equity between customer classes o Fee is based on cost of service analysis • Groundwater Resource Fee o Current Fee ▪ $.50 per 1,000 gallons applied to all water usage o Proposed charge based on cost of service analysis and recovers ▪ CAP expenses ▪ Withdrawal fees ▪ Long-term storage credits o Proposed Fee ▪ $1.13 per 1,000 gallons applied to usage and water customers o Water: Existing and Proposed Service Charges $ Per Bill o Water: Existing and Proposed Volume Rates $ per 1,000 gallons o Water: Typical Residential Water Bills ▪ 5/8” meter ▪ 7,000 gallons usage o Water: Typical Commercial Water Bill (Small) ▪ 5/8” meter ▪ 8,500 gallons usage o Water: Typical Commercial Water Bill (Large) ▪ 2” meter ▪ 63,000 gallons usage 3. Water Reclamation • Financial Planning Assumption o Forecast period: FY20 – FY24 o FY19 number of accounts: 4,278 Marana Regular Council Meeting 08/06/2019 Page 234 of 300 June 18, 2019 Regular Council Meeting Summary Minutes 13 ▪ Over 90% of accounts are residential o Account growth: 7.5% per year, 300 accounts o Billable volume: Based on historical customer billing data from FY17 and FY18 o Target operating reserves: 60 days O&M o Operating fund cash flow summary o Operating fund cash flow summary $ millions o FY20 revenue requirement $ millions o Comparison FY20 cost of service to revenue under FY20 existing rates o Multifamily, commercial and governmental cost of service based on actual water use o Existing and proposed rates o Typical monthly residential bills 5,236 gallons (7ccf) o Typical monthly commercial bills (Small) 5/8” Meter 8,500 (11.4 ccf) 4. Bill Comparison • Typical commercial water and wastewater bills (Small) o 5/8” Meter o 8,500 gal (11.4 ccf) Water Use • Typical commercial water and wastewater bills (Large) o 2” Meter o 63,000 gal (84 ccf) Water Use • Community monthly bill compa rison o Single family residential o 5/8” meter o 7,000 gallons water; 5,326 gallons (7 ccf) wastewater • Study goals and objectives o Multi-year financial plan, cost-of-service, and rates which sustain the long-term financial health of the water and water reclamatio n utilities ▪ Securing of current and future water resources ▪ Fund system improvements ▪ Fund preventative maintenance programs ▪ Develop and fund a reserve policy ▪ Ensure timely payment of annual debt obligations ▪ Development of rates that provide revenue stability and promote conservation o Next Steps ▪ August 13 – Regular Council Meeting – Post the Notice of Intent for the Public Hearing ▪ October 15 – Public Hearing and potential adoption ▪ January 1, 2020 – rates go into effect ▪ Public Outreach will take place between August 13 and October 15 • Open houses, stakeholder meetings, website updates, social medial plan and direct mailings Marana Regular Council Meeting 08/06/2019 Page 235 of 300 June 18, 2019 Regular Council Meeting Summary Minutes 14 Mayor Honea stated no one is interested in raising rates on residents; however, as explained by Mr. Schladweiler energy expenses are increasing and the Town is being proactive to ensure that our systems are well -maintained. He commended Mr. Schladweiler and Todd Cristiano, Senior Manager with Raftelis on the presentation and work done to bring the item forward. Vice Mayor Post expressed concern over a drop in reserves asking whether it is mostly a one-time expenditure that it is used to keep the rates low. Mr. Schladweiler responded stating on the wastewater side, a drop in revenue the Town has a large cost associated with manhole replacement. Currently they have 25 manhole s that are need of immediate replacement. The amount is spread out over five (5) years to make it more palatable. They would love to be able to replace them all at one time; however, it is not financially feasible at this time. They have other manholes that will be in need of replacement in the near future as well. Once they replace them, it would be with a different form of technology whereby manholes can last longer. Those are the primary cost on the wastewater side. Vice Mayor Post asked whether Mr. Schladweiler finds that covering the renewable resource is cheaper or more expensive for customers who are not connected to Marana’s Wastewater System, or is the cost the same across the board . Mr. Schladweiler replied stating either way, Marana has to provide the renewabl e resource. When we purchase that water, we have to incur those cost s regardless. There is an added benefit for the customers on the wastewater side to receive some of that water back. With the recharging of the water, we have the added bonus of supporti ng Marana’s Water Program. Either way, Marana will still have the need to purchase additional water resource and to pay the cost even with the existing customers with or without water reclamation. Vice Mayor Post stated the water rate increases are very reasonable, and would like to see it continue. Council Member Bowen inquired about changing the commercial wastewater rate from a winter quarterly to actual usage. It is his assumption that most commercial properties do not have many grounds to maintain, as most water is used internally and therefore ends up in our wastewater system. He asked how the Town would handle a business that has a large campus (i.e. school). Mr. Schladweiler replied stating that was an area that they had reviewed and noted the increase was not significant as the business may be shut down for winter or summer breaks. Council Member Bowen stated the Town Clerk had made him aware of the conflicting August date for the meeting. He asked that Mr. Schladweiler confirm the dates as we move forward. Council Member Kai inquired about the stand pipe charge asking whether that is the stand pipe charge for someone with a 5,000 water tank to purchase water from the Town. Mr. Schladweiler affirmed that it is the amount charged. Council Member Kai Marana Regular Council Meeting 08/06/2019 Page 236 of 300 June 18, 2019 Regular Council Meeting Summary Minutes 15 asked why the increase as there is no maintenance involved. Mr. Schladweiler stated they review this situation in the same manner as other fees and it is with a cost for service approach as there is maintenance involved. They do have computer programs in that area, as well as cards for each customer that has to be maintained or re placed overtime, and this is a one -time water use. The Town does not receive any of the water back as that resource will be used in areas outside of town limits which impacts to the water resource fee if we have to pay for the water. It all ties together and is a cost to service approach. Council Member Kai asked whether the increase fee for water resource from $.50 to $1.13 is enough for future cost from the Central Arizona Project. Mr. Schladweiler stated he believes the proposed increase is enough ba sed on projections and analysis by the Water Department and Raftelis for increasing CIP costs, groundwater withdrawal fees, etc. for the next five (5) years. This will likely be reevaluated at a later date. Mayor Honea asked whether construction trucks that use fire hydrants will be charged the same rate as stand pipes. Mr. Schladweiler replied stating they do have a flat fee and a monthly minimum that they have to pay. Currently, they pay a $65 monthly premium added to that the flat fee per 1,000 of water, approximately $4.33/1,000 gallon. It is a flat fee, no tiered structure. Mayor Honea expressed concern over someone who would come in for potable water and from the standpipe gets 5,000 gallons; next year will pay $100. Yet a construction company will get the same 5,000 gallons and pay $25, $55 and $75 for a truck load of that same water. It would be cheaper for the construction company than it is for the individual who is getting potable water. He asked whether there was any reason for that difference. Mr. Schladweiler stated he does not have a reason for that; it is a cost of service reason. With the standpipe, they do not typically use it nor have the same capacity as someone who has a separate location. There are higher capacit ies available to them throughout the Town. The opportunity to fill up at t he standpipe is limited in terms of flow and capacity. Mayor Honea expressed his concerns over a construction company having to pay far less than an individual filling a water tank for a house. Mr. Mehta stated this is an excellent point for the Town to consider. Between now and when the next meeting of Council in August, the Town will provide a better clarifying statement as to why the charges are structured in the manner proposed or make an adjustment accordingly. This hydrant water rate is also inclu sive of the irrigation rates for the same thing. Irrigation or hydrant water is the same as compared to the standpipe which requires maintenance to support many at the same time. There will be some variation, but why the four to five times discrepancy be tween the two. This will come back to August at that time. Mayor Honea stated $20 and $40 is a big difference between in price that he understands there is a $55 upfront fee for construction, but a lot of those folks will get Marana Regular Council Meeting 08/06/2019 Page 237 of 300 June 18, 2019 Regular Council Meeting Summary Minutes 16 10 to 12 loads over a month. He asked whether the $55 is a monthly fee or an annual fee for usage. Mr. Schladweiler replied stating the base fee is $65 it is a monthly minimum fee. Mayor Honea asked that staff look into the discrepancy of the differing fees as persons getting potable water are paying more than the construction companies for the same water. 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), Council may ask for discussion or consideration, or consultation with designated Town representatives, or consultation for legal advice with the Town Attorney, concerning any matter listed on this agenda for any of the reasons listed in A.R.S. §38 -431.03 (A). 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 Planning Commission. FUTURE AGENDA ITEMS Notwithstanding the mayor’s discretion regarding the items to be placed on the agenda, if three or mo re 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). Council Member Ziegler commented on her previous remarks regarding dog parks stating dog parks are beginning to take off now. Mayor Honea responded stating he was the one who asked that the builders put water in the Joplin Estates Dog Park. People are telling him that they do not want a pe rmanent water fountain at dog parks as there may be an increase of bacterial infection as well as wild animals getting into the water. They would prefer a faucet instead, and the parent would bring their own plastic container or dish for the animal. That is what he was trying to push, as we need to have water with having the extreme temperatures and wanting to care for our pets. He would rather not have a permanent drinking fountain as it is a way to pass disease and bacteria. Council Member Ziegler stated as the evolution of dog parks have grown across communities and since the installation at the Crossroads at Silverbell, she asked Former Town Manager Mr. Gilbert whether the Town could install seating for the parents who were at the dog parks. Benches were installed. Then she requested some form of shade source for the patrons at the park, those were later installed. Now, we need t o look at some standard policy language for dog parks. She believes that the Town was able to intercede before the new park was developed in Joplin Estates. That as we move forward we should have policy that defines the amenities in a dog park prior to Marana Regular Council Meeting 08/06/2019 Page 238 of 300 June 18, 2019 Regular Council Meeting Summary Minutes 17 permitting a park to be developed including benches, shades, sails, and water sources. She appreciated Mayor Honea’s comments on the water sources. The cost should be placed on the developer and not the Town of Marana. Mr. Mehta stated he appreciates Council Member Ziegler bringing this item forward as the Town would begin to identify what resources or amenities our parks already have, but does not believe the Town currently has a policy or standard per se. There is a difference between the Town parks ve rsus a developer’s park that will later be maintained by the HOA or that private community. He asked that Council allow staff to do some research and come back at a later date with the findings. If at that time Council believes the Town needs to have a s tandardized policy, Town staff will need to come back to Council to see how the process would work with new dog parks. While we were discussing this topic, Jim Conroy, Parks & Recreation Director text him to inform that the Town does currently have some of these dog parks and facilities, but it may not be housed inside of the fenced dog park area. He will bring this forward to Council in a form of a report and go from there. ADJOURNMENT Council Member Bowen moved and Council Member Kai seconded the motion to adjourn the meeting. Meeting adjourned at 8:3 7 PM. Motion passed, unanimously: 7 -0. (Viva voce) CERTIFICATION I hereby certify that the foregoing are the true and correct mi nutes of the Marana Town Council meeting held on June 18, 2019. I further certify that a quorum was present. ________________________________________ Cherry L. Lawson, Town Clerk Marana Regular Council Meeting 08/06/2019 Page 239 of 300      Council-Regular Meeting   L1        Meeting Date:08/06/2019   To:Mayor and Council Submitted For:Cherry L. Lawson, Town Clerk From:Suzanne Sutherland, Executive Assistant to the Town Clerk Date:August 6, 2019 Subject:Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a new series 7 Beer and Wine bar liquor license application submitted by Brian Euaine Vance on behalf of Catalina Brewing Company located at 6918 N. Camino Martin Suite #120, Tucson, Arizona 85741 (Cherry L. Lawson) Discussion: This application is for a series 7 Beer and Wine bar liquor license application submitted by Brian Euaine Vance on behalf of Catalina Brewing Company located at 6918 N. Camino Martin Suite #120, Tucson, Arizona 85741.   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 08/06/2019 Page 240 of 300 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 new series 7 Beer and Wine Bar liquor license application submitted by Brian Euaine Vance on behalf of Catalina Brewing Company, located at 6918 N. Camino Martin Suite #120, Tucson, Arizona 85741.   OPTION 2:      I move to adopt and submit to the DLLC an order recommending disapproval of a new series 7 Beer and Wine Bar liquor license application submitted by Brian Euaine Vance on behalf of Catalina Brewing Company, located at 6918 N. Camino Martin Suite #120, Tucson, Arizona 85741. Attachments Application Affidavit of Posting Local Governing Body Recommendation Description of Common Types of Liquor Licenses Marana Regular Council Meeting 08/06/2019 Page 241 of 300 Marana Regular Council Meeting 08/06/2019 Page 242 of 300 Marana Regular Council Meeting 08/06/2019 Page 243 of 300 Marana Regular Council Meeting 08/06/2019 Page 244 of 300 Marana Regular Council Meeting 08/06/2019 Page 245 of 300 Marana Regular Council Meeting 08/06/2019 Page 246 of 300 Marana Regular Council Meeting 08/06/2019 Page 247 of 300 Marana Regular Council Meeting 08/06/2019 Page 248 of 300 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) 8/21/2015 Page 1 of 1 Individuals requiring ADA accommodations please call (602)542-9027 Marana Regular Council Meeting 08/06/2019 Page 249 of 300 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 08/06/2019 Page 250 of 300 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 08/06/2019 Page 251 of 300      Council-Regular Meeting   B1        Meeting Date:08/06/2019   To:Mayor and Council From:Cherry L. Lawson, Town Clerk Date:August 6, 2019 Strategic Plan Focus Area: Progress & Innovation Strategic Plan Focus Area Additional Info: Progress and Innovation : Foster an open atmosphere that embraces change, creativity, innovation, and calculated risk. In order to accomplish this, we will: Objective #3 ·       Align our organizational culture and internal processes and procedures to support an efficient and effective business-focused model for service delivery. Subject:Resolution No. 2019-075: Relating to Boards, Commissions and Committees; approving the appointment of John Beale to the Marana Public Safety Personnel Retirement System (PSPRS) Local Board (Cherry L. Lawson) Discussion: The term of one of the members of the Public Safety Personnel Retirement System (PSPRS) Local Board expired on June 30, 2019.  The Town Clerk’s Office solicited applications for the vacancy and received one application, after the close of the public notice. Applicant John Beale submitted his interest for the four-year term expiring June 30, 2023.  A copy of Mr. Beale's application is attached for Council's review.   At tonight's meeting, the Town Council may do one or more of the following: 1. Interview the applicant either in public or in an executive session scheduled for that purpose. 2. Make an appointment. 3. Order the solicitation of additional applications. 4. Take any other action it deems appropriate. Marana Regular Council Meeting 08/06/2019 Page 252 of 300 Staff Recommendation: Council's pleasure. Suggested Motion: I move to adopt Resolution No. 2019-075, appointing John Beale to the Marana Public Safety Personnel Retirement System (PSPRS) Local Board with a term expiring June 30, 2023. Attachments Resolution No. 2019-075 Application Marana Regular Council Meeting 08/06/2019 Page 253 of 300 00064581.DOC /1 Marana Resolution No. 201 9-075 MARANA RESOLUTION NO. 2019-075 RELATING TO BOARDS, COMMISSIONS AND COMMITTEES; APPROVING THE APPOINTMENT OF JOHN BEALE TO THE MARANA PUBLIC SAFETY PERSONNEL RETIREMENT SYSTEM (PSPRS) LOCAL BOARD WHEREAS the Town of Marana has created the Marana Public Safety Personnel Retirement System (PSPRS) local b oard pursuant to A.R.S. § 38-847 to administer the system for the Town and to make the provisions of the system effective for the Town ; and WHEREAS A.R.S. § 38-847 provides that two members of the l ocal PSPRS Board shall be citizens appointed by the mayor with the approval of the Town Council; and WHEREAS one citizen member’s term expire d on June 30, 2019, and Mayor Ed Honea desires to appoint John Beale to the Marana Public Safety Personnel Retireme nt System local board for a four-year term. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that John Beale is hereby appointed to the Marana Public Safety Personnel Retirement System (PSPRS) local board for a four-year term, ending June 30, 2023. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 6th day of August, 2019. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 08/06/2019 Page 254 of 300 Board and Commission Application Town of Marana Submitted On: June 20th, 2019 @ 6:13pm Board or Commission Public Safety Personnel Retirement System Please upload your resume here.https://seam.ly/aASCnHZW First Name John Last Name Beale Email Full Address How many years have you lived at this address? 18 (Jan, 2001 - Present) How many years have you lived in Marana? 18 (Jan, 2001 - Present) Phone Number (Daytime) Phone Number (cell or home) Occupation Retired Employer Self-employed/Retired What is your vision for the Town?Growth-scalable, provide leading edge public services, water management, Leadership to stay in touch with the Marana community and keep them informed. Safe, secure and first responders to invest into the community. Clean, maintained and issues timely addressed and resolved. Unified council and leadership. 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? Water management – long-term source and availability Population growth-citizens, companies and immigrants Managing the town budget – expenditures and sources for revenue What do you see as the Town's best asset to bring visitors and new residents to the Town? Commercial and sports facilities for the changing culture. Spa facilities. Landscape-mountains, hiking, biking and general outdoor activities with our climate. Very clean, safe, small violence-crime, excellent focus to include technology in our communities Excellent work force and environment for new businesses/manufacturing. Marana Regular Council Meeting 08/06/2019 Page 255 of 300 Please explain your professional background Health Care industry – Managing and providing implementation process-teams-product to any hospital, clinic, doctor office, specialty services nationwide. Consistent and repetitive interaction with customers at all levels-Execs to front line staff/care givers. Director level responsible for revenue-expense budgets, monthly/quarterly/annual targets and reporting. Managing HR duties for building product teams to deliver-install-train-support our products. Hired, fired, Improvement plans for all level of staff. Significant hiring experience and consulting to find the right person for the right job. Mentored and promoted many staff, even up to the Director level. Worked closely with Executive Management, HR, Legal, Finance, Accounting, Manufacturing, Shipping, Sales/Marketing and Development. Describe your experience working with a Council-appointed board or commission Very little – attended a Marana Council meeting when discussing the approval of the Marana Police Department facilities and funding. Describe a time when you had to stand firm and make a tough or unpopular decision During my tenure at Sunquest Labs as the Director of Application Interfacing, I made the decision to reorganize how and who was responsible for generating the monthly department revenue projections. I was responsible for providing these projections monthly the department and my job was riding on these numbers. So, I reassigned this revenue responsibility to all 3 of my assigned managers instead of just one. This process had been going on for many years, so the change was not accepted by all of the managers and some of the lead staff. I had to detail the need for spreading this critical responsibility instead of just one manager controlling it. Essentially assuring that no one manager was controlling the work flow and revenue generation. After a few months, the managers bought in and actually liked getting more into the revenue projects and when they were scheduled. Helped build more confidence and moved them out of there comfort zones. Later, one of these managers moved on to a Director level position. 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. “This comment below is related to the cases that I would hear in these board meetings. Relating to the staff retirements, not to a location.” There are always 2 sides to every story/event. I believe all statements should be heard and no comments or suggestions should be suppressed. Facts, sequence, responsibility, timing and consistency help with the evaluation/decision. Full Name Terry Rozema Full Address Marana Police Department, West Civic Center Drive Tucson AZ 85653 Relationship Neighbor-friend Phone Number Full Name Ashwyn Singh Marana Regular Council Meeting 08/06/2019 Page 256 of 300 Full Address Relationship Collegue, employee, peer Phone Number Phone Number Name of Business NA Person with Interest NA Type of Interest NA 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 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? NA Signature Data First Name: John Last Name: Beale Email Address: Signed at: 06/20/2019 06:08PM Marana Regular Council Meeting 08/06/2019 Page 257 of 300 Full Date 6 20 2019 Marana Regular Council Meeting 08/06/2019 Page 258 of 300      Council-Regular Meeting   A1        Meeting Date:08/06/2019   To:Mayor and Council From:Steven Cheslak, Principal Planner Date:August 6, 2019 Strategic Plan Focus Area: Not Applicable Subject:PUBLIC HEARING: Ordinance No. 2019.018: Relating to Development; amending Title 17 (Land Development) of the Marana Town Code by adding new Chapter 17-9 (Parking); repealing existing Title 22 (Off-Street Parking and Loading) of the Marana Land Development Code; and designating an effective date (Steven Cheslak)  Resolution No. 2019-076: Relating to Development; declaring as a public record filed with the Town Clerk new Chapter 17-9 (Parking) of Title 17 (Land Development) of the Marana Town Code adopted by Marana Ordinance No. 2019.018 (Steven Cheslak) Discussion: Request Staff is requesting approval of the new Chapter 17-9 (Parking) of the Marana Town Code, a comprehensive update of the Town's parking regulations currently found in Title 22 (Off-Street Parking and Loading) in the Marana Land Development Code.  History Title 22 (Off-Street Parking and Loading) was adopted to the Land Development Code by the Town Council on September 5th, 1995, by Ordinance 95.22 and revised in 2015, by Ordinance 2015.019, addressing ADA parking standards. As part of the current effort to update the Land Development Code, Town staff has been working on comprehensive revisions to Title 22. In addition to revisions of elements in the Parking Code, Title 22 is proposed to be renamed and replaced by Chapter 17-9 (Parking) in the Town Code as part of the Land Development Code migration to the Marana Town Code.  Code Clean-up and AdditionsMarana Regular Council Meeting 08/06/2019 Page 259 of 300 Code Clean-up and Additions Title 22 (Off-Street Parking and Loading)  is a comprehensive body of regulation that was established to provide development criteria for on-site parking and loading related to: size and access requirements, number of spaces required per the use of the site, parking area requirements related to development and maintenance, curbing, screening, landscaping, surfacing, lighting and residential parking. Because of the broad scope of the parking related regulations and lack of updates over the years, a review was done against all current Code regulations related to parking and site development. This study revealed numerous updates have occurred over the years in the Development Engineering and Planning sections of the Code related to various aspects of parking regulation but not currently reflected in Title 22. As a part the Code revision process, work has been done to update and remove the duplication of regulation in the new Code. In addition to reviewing Title 22 against existing Town regulation, staff has incorporated new regulation related to parking lot design and now features Low Impact Design elements that include: Compact car allowance Up to 30% of total parking spaces Parking lots with more than 100 spaces Parking lot design to be divided  Parking lots with more than 400 spaces Must incorporate stormwater management techniques Landscape areas may be credited against larger on-site detention/retention basins Bicycle parking Criteria for location and design Parking Code Update Traditionally, the Town and other jurisdictions have determined the number of parking spaces required in a development by referring to a list of uses in a parking code with an assigned square footage ratio, e.g., a retail store use requires one parking space per 200 square feet of floor space. While this method has worked in the past, the way in which we conduct business today has changed and is continuing to evolve with the advent of the digital revolution. The biggest change is the retail world where on-line shopping, home delivery and on-site parking lot pick-up or drop-off have reshaped the traditional way we interact with businesses. At the same time, the demand and growth in new types of business models such as TopGolf, with multiple types of uses in one building, forces us to examine our regulations as consumers choose to invest in experiences rather than products. In an effort to respond to current trends in the development world and keep up with the pace of change that's happening in our society today, the burden of determining the appropriate number of parking spaces required for a specific use is proposed to be shifted to the developer.  To achieve the goal of allowing the developer to determine their own parking needs, while satisfying the Town's desire for appropriate parking, Chapter 17-9 will require a parking justification analysis with detailed, specific requirements for all new development. The justification analysis will be based on standard traffic modeling practices, require Planning Director approval or be rejected with an explanation Marana Regular Council Meeting 08/06/2019 Page 260 of 300 allowing for revision or appeal to the board of adjustment. This proposed methodology will create flexibility for the developer while still granting the Town the ability to maintain what's best in the interest of the public, now and in the future. Public Engagement A proposed Parking Code update presentation was given to the Planning Commission in July of 2018 and to the Town Council in September of 2018. The input received was incorporated into the document, announced and posted on the Town website for review and public comment. The Marana Chamber of Commerce and the Metropolitan Pima Alliance (MPA) were also informed and received copies in September of 2018. Since then, staff has attended multiple MPA events, discussing and presenting the proposed revisions to the Code with positive feedback received.  The Planning Commission considered the draft Parking Code at a public hearing held on May 29, 2019. The Commission voted unanimously (6-0) to recommend approval of the proposed parking regulations. Staff Recommendation: Staff recommends adoption of Ordinance No. 2019.018, amending Title 17 (Land Development) of the Marana Town Code by adding new Chapter 17-9 (Parking); repealing existing Title 22 (Off-Street Parking and Loading) of the Marana Land Development Code; and designating an effective date. Suggested Motion: I move to approve adopt Ordinance No. 2019.018, amending Title 17 (Land Development) of the Marana Town Code by adding new Chapter 17-9 (Parking); repealing existing Title 22 (Off-Street Parking and Loading) of the Marana Land Development Code; and designating an effective date. Attachments Ordinance No. 2019.018 Resolution No. 2019-076 Existing Title 22 Marana Regular Council Meeting 08/06/2019 Page 261 of 300 00064555.DOCX /1 Marana Ordinance No. 2019.018 - 1 - 7/22/2019 12:19 PM MARANA ORDINANCE NO. 201 9.018 RELATING TO DEVELOPMENT; AMENDING TITLE 17 (LAND DEVELOPMENT) OF THE MARANA TOWN CODE BY ADDING NEW CHAPTER 17-9 (PARKING); REPEALING EXISTING TITLE 22 (OFF-STREET PARKING AND LOADING) OF THE MARANA LAND DEVELOPMENT CODE; AND DESIGNATING AN EFF ECTIVE DATE WHEREAS Title 22 (Off-Street Parking and Loading) of the Marana Land Development Code was adopted by the Town Council on September 5, 1995 by Ordinance 95.22 and revised in 2015 by Ordinance 2015.019 to address ADA parking standards; and WHEREAS Town staff has been working on comprehensive revisions to the parking regulations as part of the current effort to update the Land Development Code and migrate its provisions to Chapter 17 -9 (Parking) of the Town Code; and WHEREAS the Marana Planning Commission held a public hearing on May 29, 2019 and voted 6 to 0 (Commissioner Fehrmann absent) to recommend approval of the comprehensive revisions to the parking regulations; and WHEREAS the Marana Mayor and Town Co uncil held public hearing s on August 6, 2019, and determined that this ordinance should be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. Marana Town Code Title 17 (Land Development) Chapter 17-9 (Parking), one paper copy and one electronic copy of which are on file in the office o f the Town Clerk of the Town of Marana, Arizona, and which was made a public record by and attached as Exhibit A to Resolution No. 2019 -076 of the Town of Marana, Arizona, is hereby referred to, adopted, and made a part of this ordinance as if fully set out here. Section 2. Existing Title 22 (Off-Street Parking and Loading ) of the Marana Land Development Code is hereby repealed. 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 08/06/2019 Page 262 of 300 00064555.DOCX /1 Marana Ordinance No. 2019.018 - 2 - 7/22/2019 12:19 PM 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. A final binding judicial determination that any section, subsection, sentence, clause, phrase or portion of this ordinance is invalid or unconstitutional shall not affect the validity of the remaining portions of this ordinance . Section 6. This ordinance shall become effective on September 6, 2019. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of August, 2019. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 08/06/2019 Page 263 of 300 00064556.DOCX /1 Marana Resolution No. 201 9 -076 7/22/2019 12:29 PM MARANA RESOLUTION NO. 2019-076 RELATING TO DEVELOPMENT; DECLARING AS A PUBL IC RECORD FILED WITH THE TOWN CLERK NEW CHAPTER 17-9 (PARKING) OF TITLE 17 (LAND DEVELOPMENT) OF THE MARANA TOWN CODE ADOPTED BY MARANA ORDINANCE NO. 2019.018 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that new Chapter 17-9 (Parking) of Title 17 (Land Development) of the Marana Town Code adopted by Marana Ordinance No. 201 9.018, a copy of which is attached to and incorporated in this resolution as Exhibit A, and one paper copy and one electronic copy of which are on file in the office of the Town Clerk, is hereby de- clared to be a public record and ordered to remain on file with the Town Clerk . PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 6th day of August, 2019. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 08/06/2019 Page 264 of 300 EXHIBIT A TO MARANA RESOLUTION NO. 2019 -076 Town Code Chapter 17-9 (Parking) adopted by Marana Ordinance No. 2019.018 00064556.DOCX /1 Marana Resolution No. 201 9 -076 7/22/2019 12:29 PM Marana Regular Council Meeting 08/06/2019 Page 265 of 300 EXHIBIT A TO MARANA RESOLUTION NO. 2019 -076 Town Code Chapter 17-9 (Parking) adopted by Marana Ordinance No. 2019.018 00064556.DOCX /1 Marana Resolution No. 201 9 -076 7/22/2019 12:29 PM Marana Regular Council Meeting 08/06/2019 Page 266 of 300 EXHIBIT A TO MARANA RESOLUTION NO. 2019 -076 Town Code Chapter 17-9 (Parking) adopted by Marana Ordinance No. 2019.018 00064556.DOCX /1 Marana Resolution No. 201 9 -076 7/22/2019 12:29 PM Marana Regular Council Meeting 08/06/2019 Page 267 of 300 EXHIBIT A TO MARANA RESOLUTION NO. 2019 -076 Town Code Chapter 17-9 (Parking) adopted by Marana Ordinance No. 2019.018 00064556.DOCX /1 Marana Resolution No. 201 9 -076 7/22/2019 12:29 PM Marana Regular Council Meeting 08/06/2019 Page 268 of 300 EXHIBIT A TO MARANA RESOLUTION NO. 2019 -076 Town Code Chapter 17-9 (Parking) adopted by Marana Ordinance No. 2019.018 00064556.DOCX /1 Marana Resolution No. 201 9 -076 7/22/2019 12:29 PM Marana Regular Council Meeting 08/06/2019 Page 269 of 300 EXHIBIT A TO MARANA RESOLUTION NO. 2019 -076 Town Code Chapter 17-9 (Parking) adopted by Marana Ordinance No. 2019.018 00064556.DOCX /1 Marana Resolution No. 201 9 -076 7/22/2019 12:29 PM Marana Regular Council Meeting 08/06/2019 Page 270 of 300 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 22 – Off-Street Parking and Loading PAGE 1 OF 10 REVISED 1/97 TITLE 22 OFF-STREET PARKING AND LOADING SECTIONS: 22.000 Purpose 22.010 When required 22.020 Size and access requirements 22.030 Number of spaces required for designated uses 22.050 Parking areas-Development and maintenance 22.060 Parking areas-Curbing required-specifications 22.070 Parking areas-Screening requirements 22.080 Parking areas-Landscaping 22.090 Parking areas-Surfacing requirements 22.100 Limitations on areas to be used 22.110 Parking areas-Lighting arrangements 22.120 Off-Street Loading-Number and size of spaces to be maintained 22.130 Residential parking-Front setback restrictions 22.140 Residential parking-Garage requirement 22.150 Residential parking-Conversion to living purposes-Approval required 22.160 Appeals 22.000 Purpose The purpose of these regulations is to establish an orderly manner of providing on-site parking and loading areas and access to areas of adequate capacity, and appropriate location and design. These parking requirements are intended to provide sufficient parking based on use and intensity and to maintain the traffic carrying capacity of nearby streets. 22.010 When required At the time any building or structure is erected, enlarged or increased, or any use is established, off-street parking spaces for automobiles shall be provided in accordance with the requirements herein. When an addition is made to an existing building, only the square feet in the addition need be used in computing the required parking. 22.020 Size and access requirements Size and access of off-street parking and loading facilities shall be as follows: 1. Parking in such a way that in order to egress from the property vehicles must back across any street right of way may be permitted only at single- family residences and duplex residences. 2. Access to parking spaces may not be less then nine feet in width and paved in accordance to Town standards. 3. Driveways used to serve two to four dwelling units shall be a minimum width of twelve feet if the furthest unit is eighty feet or less from the front Marana Regular Council Meeting 08/06/2019 Page 271 of 300 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 22 – Off-Street Parking and Loading PAGE 2 OF 10 REVISED 1/97 property line. If such unit is more that eighty feet from the front property line, then the minimum width shall be fifteen feet. 4. Driveways used to serve five or more dwelling units shall be a minimum width of fifteen feet for a single lane entrance and exit. A two lane driveway, used for an entrance and exit, shall be no less than twenty-five feet in width and need not exceed eighteen feet in width. All turning areas and aisles shall be adequate to provide safe and efficient access to and from the parking area in accordance to the standards administered by the Town Engineer. 5. Access points into the property shall be not more than two driveways from any one street. 6. Driveways shall not be closer to each other than twenty (20) feet except where a greater distance may be required by other provisions of this code. 7. Each driveway shall be not more than thirty (30) feet in width, measured at right angles to the center line of the driveway, except as that distance may be increased by permissible curb return radii. 8. On corner lots, no driveway shall be closer than thirty five (35) feet to the point of intersection of the right-of-way lines of the intersection. 9. Surfacing and Drainage: Every parking lot, including display areas for vehicle parking, shall be paved with two (2) inches of asphalt concrete over four (4) inches of aggregate base course or four (4) inches of Portland Cement Concrete reinforced with #8 rebar, six (6) inch by six (6) inch wire weld mesh over a sub-base compacted to ninety-five (95) percent density and properly drained with a minimum grade of 0.5% and a maximum grade of 6%. Every parking lot shall be subject to approval of a Site Plan Review process. 10. Tandem parking shall not qualify as acceptable parking. Tandem parking shall be defined as one vehicle parked directly behind another vehicle, but not designated as a parallel parking situation. See Illustration “A” below: ILLUSTRATION “A” Marana Regular Council Meeting 08/06/2019 Page 272 of 300 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 22 – Off-Street Parking and Loading PAGE 3 OF 10 REVISED 1/97 11. Access and Traffic Control: a) All uses shall have access limited to the collector or arterial streets. b) All buildings, other structures, parking and loading areas, shall be physically separated from all non-arterial or collector streets by vertical curbs and other suitable barriers and landscaping to prevent unchanneled motor vehicle access. Except for the access ways permitted in (c) below, the barrier shall be continuous for the entire length of the property line. c) Each property shall have appropriate access ways to the street. In addition, each access way shall comply with the following: 1) Curb returns shall have a minimum radius of twenty-four (24) feet. 2) At its intersection with the property line, no part of any access way shall be nearer than one hundred (100) feet to the intersection of any two (2) street rights-of-way lines, nor shall any such part be nearer than fifty (50) feet to any side or rear lot line. 3) The number and location of access ways shall be so arranged that they will reduce traffic hazards as much as possible. 12. Parking area dimensions shall conform to Table 1: Standard Parking Dimensions. 22.030 Number of spaces required for designated uses “Floor area” shall refer to gross floor area used by tenants, service areas, storage areas, public areas used for customers, including area occupied by fixtures and equipment. The number of off-street parking spaces shall be as set forth below: 1. Automobile sales facility: 1 for each 400 s.f. or 1/10 of the maximum storage capacity, whichever is greater. 2. Automobile service and repair: 1 for each 400 s.f. of floor area. 3. Banks and savings and loans: 1 for each 200 s.f. of floor area; 4 spaces minimum 4. Business offices: 1 for each 300 s.f. of floor area; 4 spaces minimum 5. Bowling facility 5 per each bowling lane plus 1 per each employee 6. Car wash, self service or attendant-operated: 3 for each stall plus 1 for each employees 7. Churches and private schools: 1 for each 3.5 seats in an auditorium or 1 for each 17 classroom seats, whichever is greater Marana Regular Council Meeting 08/06/2019 Page 273 of 300 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 22 – Off-Street Parking and Loading PAGE 4 OF 10 REVISED 1/97 8. Dance halls, exhibit halls, clubs and lodges: 1 for each 50 s.f. of floor area used for assembly or dancing 9. Dwelling, Manufactured home: 2 spaces per pad. If located within a mobile home park, then 1 guest space for each 5 pads up to 50 pads and 1 space for each 10 pads thereafter 10. Dwellings, multiple: 1-1/2 per unit for each studio or 1-bedroom apartment 2 per unit for each 2-bedroom apartment or larger In addition, 1 guest space for each three units shall be provided. One space per unit shall be covered parking. 11. Dwellings, single- family, duplex: 2 for each family or unit, each space shall be a minimum area of 400 s.f., within a garage or carport. 12. Dwellings, townhouses: 2 for each unit, each space shall be a minimum area of 400 s.f., within a garage or carport. 13. Furniture and appliance store: 1 for each 600 s.f. of floor area. 14. Hospitals: 1-1/2 for each bed 15. Hotels, motels, and motor hotels: 1 for each sleeping unit, plus 1 for each 25 rooms 16. Machinery sales and service garages: 1 for each 400 s.f. 17. Manufacturing plants and laboratories: 1 for each 1-1/2 employees at any one time or 1 for each 800 s.f., whichever is greater 18. Medical and dental clinics and offices: 1 for each 200 s.f. of floor area: minimum of 5 19. Nursing homes: 1 for each 3 beds 20. Restaurant Drive-thru, take-out, snack stands: 15 spaces minimum 21. Restaurant, bars and night clubs: 1 for each 2-1/2 permanent seat capacity, excluding the dance floor or assembly area without fixed seating which shall be calculated as 1 space per 50 s.f. of floor area 22. Retail stores: 1 for each 200 s.f. of floor space 23. Rooming and lodging houses: 1 for each bedroom 24. Schools Elementary: Jr. High: High: 1 per teacher or employees, plus 5 spaces 1 per teacher or employees, plus 5 spaces 1 per 4 students Marana Regular Council Meeting 08/06/2019 Page 274 of 300 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 22 – Off-Street Parking and Loading PAGE 5 OF 10 REVISED 1/97 25. Sports arenas, auditoriums, theaters, meeting halls: 1 for each 3 seats of maximum seating capacity 26. Storage facility (multi- unit) 1 for each 150 floor area of office area. 27. Swimming Pools 2 per each 100 square feet of water area 28. Warehousing, service and maintenance centers: 1 for each 1-1/2 persons employed at any one time or 1 for each 1,000 s.f., which ever in greater 22.050 Parking areas- Development and maintenance Every parcel used as a public or private parking area, including a commercial parking lot and also an automobile, farm equipment, or other open-air sales lot, shall be developed and maintained in accordance with the requirements set forth in Section 22.060 through 22.015 below. 22.060 Parking areas-Curbing required-specifications Off-street parking areas for more than five vehicles shall provided with suitable concrete curb or horizontal timber barrier not less than six inches in height, located not less that two feet from any street, walkway or alley right-of-way line. All curbs or barriers shall be permanently anchored in a manner satisfactory to the Town Engineer. The purpose of such curb is to confine vehicles entirely within said premises, except in those cases where a wall is provided on the boundaries of the premises which, in the opinion of the planning administrator, is of such construction as to suitably protect the adjoining property. 22.070 Parking areas-Screening requirements Off-street parking for more than five vehicles shall be effectively screened by a ten-foot wide landscaped strip and a masonry wall or fence of acceptable design. Minimum wall or fence height shall be not less than three and one-half feet and shall not exceed more than six feet in height and shall be maintained in good condition. Such wall or fence shall be free of any advertising, unless approved otherwise as part of planned sign program. The requirements specified herein may be eliminated in whole or in part where, in the opinion of the Planning Administrator, such requirements are not necessary for the proper protection of abutting property or other equally valid reasons. 22.080 Parking areas-Landscaping The total parking area shall be landscaped in accordance with the landscape requirements adopted by the Town. Such landscaped area shall not be less than ten percent (10%) of the total area used for parking and access. 22.090 Parking areas- Surfacing requirements Any off-street parking areas shall be surfaced in accordance with the specifications set forth by the town standards, so as to be a durable and dustless surface and shall be graded and drained so as to dispose all surface water accumulated within the area. The area shall be arranged and marked as to provide the orderly and safe loading, unloading, parking and storage of vehicles. Marana Regular Council Meeting 08/06/2019 Page 275 of 300 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 22 – Off-Street Parking and Loading PAGE 6 OF 10 REVISED 1/97 The Planning Administrator may waive or modify the parking standards for up to six months for uses within the agricultural zone, for any use deemed temporary. 22.100 Limitations on areas to be used For all non-single family residential and duplex developments, no part of any front or exterior side yard (street side of a corner lot) shall be used for off-street parking or access unless authorized by the Planning Administrator, pursuant to an approved site plan. 22.110 Parking areas-Lighting arrangements Lighting used to illuminate any off-street parking area shall be arranged so as to reflect the light away from adjoining premises in any residential zone. 22.120 Off-Street Loading-Number and size of spaces to be maintained 1. For every building having a gross floor area of ten thousand square feet or more, which is to be occupied by a commercial or industrial use requiring the receipt of distribution by vehicles of materials or merchandise, there shall be provided and maintained, on the same lot with such building, at least one off- street loading space plus one additional such loading space for each additional forty thousand square feet or fraction thereof. 2. Each loading space shall not be less than twelve feet in width, thirty feet in length, and fourteen and one-half feet in height clearance with a thirty foot radius maneuvering apron. 3. Such space shall not be located closer than fifty feet to any residential zone, unless enclosed by a masonry wall not less than eight feet in height. 4. Off-Street Loading: Each shop or store shall have a rear or side entrance that is accessible to a loading area and service drive. Service drives shall be a minimum of twenty-four (24) feet in width and shall be in addition to and not part of the drives or circulation system used by the vehicles of shoppers and/or fire access. The arrangement of truck loading and unloading facilities for each shop or store shall be such that, in the process of loading or unloading, no truck will block or extend into any other private or public drive or street used for vehicular circulation. Loading and delivery zones shall be clearly marked. The Planning Administrator may permit joint-use loading and delivery spaces as a part of the approval of a shopping complex of several retail stores being part of a complex. 22.130 Residential parking-Front setback restrictions No required parking spaces or required maneuvering areas shall be located in the front or exterior setback area. The total amount of driveways and adjacent parking areas shall not occupy more than fifty percent of the front of exterior side yard. In cases where the street improvements are at their ultimate width, the front setback area, for parking purposes, may be measured from the back of the sidewalk. Marana Regular Council Meeting 08/06/2019 Page 276 of 300 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 22 – Off-Street Parking and Loading PAGE 7 OF 10 REVISED 1/97 22.140 Residential parking-Garage requirement All single family and two-family dwellings in an agricultural or residential zone, especially those within a subdivision, shall have constructed a two-car garage, containing a minimum of four hundred square feet and minimum interior dimension of twenty feet. The purpose of said requirement is to protect the general welfare of residential areas by preventing the establishment of parking in an open parking lot situation inappropriate to residential development and the open and disorderly display of equipment which would be stored in enclosures to avoid an unsightly appearance. Notwithstanding requirements contained in this Title, the minimum front yard shall be twenty-two feet from the inside edge of the sidewalk to the door of the garage or structure of a carport in the case of a driveway approximately perpendicular to the front property line. Any garage that has access from an alley shall be located twenty-five feet from the opposite side of the alley with a minimum setback of five feet from the alley. 22.150 Residential parking-Conversion to living purposes-Approval required Prior to the issuance of a building permit for the conversion of any existing garage or carport for living purposes, the property owner shall be required to meet the following conditions: A. A newly enclosed two-car garage shall be provided to replace the garage or carport being converted. Tandem parking shall not be permitted. All plans for such conversion of existing and new garages shall be submitted to the planning department for approval to ensure that the conversion is compatible in design and materials with the existing dwelling. The exterior of the garage shall match the existing house elevation in color, materials and trim. 22.160 Appeals Appeal from the decisions of the Zoning Administrator shall be as follows: 1. Once the Zoning Administrator has rendered a written decision per this title or issued a notice of action per this title, the aggrieved person may appeal the decision or action of the Zoning Administrator by submitting a written appeal to the Planning Commission within 14 days of the decision or action of the Zoning Administrator. The Planning Commission will act and render a decision on this appeal within 45 days. If no appeal is made within 14 days, the decision or action of the Zoning Administrator shall stand. 2. Either the aggrieved person or the Zoning Administrator may appeal the decision of the Planning Commission to the Board of Adjustments. Such appeal must be made in writing to the Town Clerk within five (5) working days of the rendering of the decision by the Planning Commission. When such a notice of appeal has been submitted to the Town Clerk, it will be brought before the Board of Adjustments at the Council's next regular meeting as a regular agenda item, classified as new business. The Board of Adjustments may then confirm or modify or reverse the decision of the Planning Commission. Any motion to modify or reverse the decision of the Marana Regular Council Meeting 08/06/2019 Page 277 of 300 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 22 – Off-Street Parking and Loading PAGE 8 OF 10 REVISED 1/97 Planning Commission shall contain the explicit reasons therefore. If the Board of Adjustments takes no action on the matter, the decision of the Planning Commission shall stand. (Ord. 95.22, 9/95) Marana Regular Council Meeting 08/06/2019 Page 278 of 300 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 22 – Off-Street Parking and Loading PAGE 9 OF 10 REVISED 1/97 Table 1: Standard Parking Dimensions Marana Regular Council Meeting 08/06/2019 Page 279 of 300 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 22 – Off-Street Parking and Loading PAGE 10 OF 10 REVISED 1/97 (Blank) Marana Regular Council Meeting 08/06/2019 Page 280 of 300    Council-Regular Meeting   A2        Meeting Date:08/06/2019   To:Mayor and Council Submitted For:Scott Schladweiler, Interim Water Director From:Amanda Jones, Water Business Coordinator Date:August 6, 2019 Strategic Plan Focus Area: Community Subject:Resolution No. 2019-077: Relating to Utilities; adopting a notice of intention to increase water and wastewater rates, rate components, fees, and service charges over a multi-year (2020-2024) period; and setting an October 15, 2019 public hearing on the proposed increases (Scott Schladweiler) Discussion: The Town of Marana has engaged Raftelis to provide consulting services to conduct a rate analysis for Town water and wastewater rates and fees to assure they are meeting cost of service needs for the upcoming five years of water and wastewater operations. On June 18, 2019, Raftelis and Town staff presented the preliminary findings to Mayor & Council. Based on this rate analysis, Town staff is proposing a five-year rate plan. The first increase would go into effect on January 1, 2020, should the rate plan be approved, and would adjust annually in January until 2024. Arizona law (A.R.S. § 9-511.01) requires the Town Council to adopt a notice of intention to increase water and wastewater rates and fees, and set a date for the public hearing on the proposed increases at least 60 days after the notice of intention is adopted. Town staff recommends the Council adopt this notice and set a public hearing at the regular Council Meeting on Tuesday, October 15, 2019 at 7:00 pm. Raftelis will provide a report of the proposed rate increases no later than 30 days before the public hearing. Financial Impact: Marana Regular Council Meeting 08/06/2019 Page 281 of 300 Fiscal Year:2020 Budgeted Y/N:  Amount:$ There is no budget impact at this time. Staff Recommendation: Staff recommends the adoption of Resolution No. 2019-077, adopting the notice of intention to increase water and wastewater rates and fees and setting an October 15, 2019 public hearing item. Suggested Motion: I move to adopt Resolution No. 2019-077, adopting a notice of intention to increase water and wastewater rates and fees, over a multiple-year period; and setting a public hearing for October 15, 2019. Attachments Resolution No. 2019-077 Marana Regular Council Meeting 08/06/2019 Page 282 of 300 00064560.DOCX /1 Marana Resolution No. 2019-077 - 1 - 7/22/2019 2:21 PM MARANA RESOLUTION NO. 2019-077 RELATING TO UTILITIES; ADOPTING A NOTICE OF INTENTION TO INCR EASE WATER AND WASTEWATER RATES, RATE COMPONENTS, FEES, AND SERVICE CHARGES OVER A MULTI-YEAR (2020-2024) PERIOD; AND SETTING AN OCTOBER 15, 2019 PUBLIC HEARING ON THE PROPO SED INCREASES WHEREAS A.R.S. § 9-511.01 requires the Town Council to adopt a notice of intention to increase water and rates, rate components, fees , or service charges and to release to the public a written report containing certain req uired information about the rates, rate components, fees and service charges; and WHEREAS the notice of intention is the first step in increasing the rates, rate components, fees and service charges; and WHEREAS the statutorily required report , the substance of which was presented to the Town Council in a public presentation at its regular meeting on June 18, 2019, will be placed on file in the office of the Town Clerk no later than 30 days prior to the public hearing; and WHEREAS the water and wastewater rates are proposed to increas e for five annual cycles, on January 1, 2020; January 1, 2021; January 1, 2022; January 1, 2023; and January 1, 2024. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that notice is hereby given of the Town’s intention to increase water and wastewater rates, rate components, fees, and service charges, and a public hearing on the proposed increase s is hereby set for a regular Town Council meeting on Tuesday, October 15, 2019, at or after 7:00 P.M. in the Council Chambers on the first floor of the Administration Building, Marana Municipal Complex, 11555 West Civic Center Drive, Marana, Arizona 85653. IT IS FURTHER RESOLVED that 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 and objectives of this resolution. Marana Regular Council Meeting 08/06/2019 Page 283 of 300 00064560.DOCX /1 Marana Resolution No. 2019-077 - 2 - 7/22/2019 2:21 PM PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona , this 6th day of August, 2019. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 08/06/2019 Page 284 of 300      Council-Regular Meeting   A3        Meeting Date:08/06/2019   To:Mayor and Council From:Frank Cassidy, Town Attorney Date:August 6, 2019 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2019-078: Relating to Real Estate; vacating a portion of the public right-of-way of Tangerine Road east of “Breakers Road” fronting the property owned by Premier RV Storage, LLC (Frank Cassidy) Discussion: In 2003, the Town of Marana received two dedications for a total of 150 feet of Tangerine Road right-of-way from Park 'N Shade, the predecessor in interest to Premier RV Storage, located along the south side of Tangerine Road east of Breakers Road. The 2003 deeds included a provision calling for the dedicated land to revert to the original property of dedication if the land was not needed for the construction of Tangerine Road. Copies of the 2003 deeds are included with the backup materials. Park 'N Shade and Premier RV Storage have had license agreements with the Town over the years, to allow certain parking lot and landscaping improvements to be located within the Tangerine Road right-of-way dedicated by the 2003 deeds. The design concept report for the portion of Tangerine Road fronting the Premier RV Storage property calls for the future construction of a frontage road to provide access to Premier RV Storage and other businesses in the area. Even with the construction of the frontage road, the Town will have 25 feet of extra right-of-way fronting Premier RV Storage. Abandoning the unneeded 25 feet of Tangerine Road right-of-way back to the original property of dedication will allow the parking spaces fronting Premier RV Storage to be removed from the right-of-way license agreement and be placed into the ownership of Premier RV Storage. To ensure that the Town has adequate rights to build the future Tangerine Road improvements, the abandonment deed reserves a construction easementMarana Regular Council Meeting 08/06/2019 Page 285 of 300 Tangerine Road improvements, the abandonment deed reserves a construction easement over the abandoned area. A copy of the proposed abandonment deed is included with the backup materials. Staff Recommendation: Town staff recommends adoption of Resolution No. 2019-078, vacating a portion of the public right-of-way of Tangerine Road east of Breakers Road fronting the property owned by Premier RV Storage. Suggested Motion: I move to adopt Resolution No. 2019-078, vacating a portion of the public right-of-way of Tangerine Road east of Breakers Road fronting the property owned by Premier RV Storage. Attachments Resolution No. 2019-078 Proposed Abandonment Dee 2003 Dedication Deed N 100 ft 2003 Dedication Deed S 50 ft Marana Regular Council Meeting 08/06/2019 Page 286 of 300 00063995.DOCX /2 Marana Resolution No. 2019-078 - 1 - 7/22/2019 3:21 PM MARANA RESOLUTION NO. 201 9-078 RELATING TO REAL ESTATE; VACATING A PORTION OF THE PUB LIC RIGHT-OF- WAY OF TANGERINE ROAD EAST OF “BREAKERS ROAD” F RONTING THE PROPERTY OWNED BY PR EMIER RV STORAGE, LLC WHEREAS the Town of Marana has received from Premier RV Storage, LLC an application for abandonment of Tangerine Road right -of-way located along the north boundary of its land described in the Special Warranty Deed recorded in the Pima County Recorder’s office on March 20, 2019 at Sequence 20190790502; and WHEREAS the predecessor in interest to Premier RV Storage dedicated 150 feet of Tangerine Road right-of-way to the Town of Marana at no cost by two Warranty Deeds recorded in the Pima County Recorder’s office on May 19, 2003 at Docket 12053, Pages 4019 and 4024 (Sequence Nos. 20030960648 and 20030960649) (the “2003 Deeds”); and WHEREAS the 2003 Deed s provide for a Town initiated abandonment to be processed if the right-of-way dedicated by the 2003 Deed s is determined to be unnecessary for public purposes; and WHEREAS the Town no longer needs the south 25 feet of the Tangerine Road right-of-way dedicated by the 2003 Deeds except for a temporary construction easement for the future construction of the Tangerine Road Phase 2 project, currently anticipated to start construction in 2025; and WHEREAS the Town of Marana is authorized by A.R.S. §§ 9-240 (B)(3)(e) and 28-7205 to vacate and abandon Town roadways; and WHEREAS the Town Council finds that the Town ’s receipt of the $2,500 application fee is appropriate consideration for the land being vacated by this resolution for purposes of A.R.S. § 28-7208 based on the respective rights and obligations of the parties under the terms of the 2003 Deed s and the limited marketability of the narrow strip of land being vacated; and WHEREAS the Town Council finds that this resolution is in the best interests o f the Town and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION l. The Town of Marana hereby vacates and abandons the south 25 feet of the public right-of-way of Tangerine Road dedicated by the 2003 Deed s, as Marana Regular Council Meeting 08/06/2019 Page 287 of 300 00063995.DOCX /2 Marana Resolution No. 2019-078 - 2 - 7/22/2019 3:21 PM particularly described in Exhibit A attached to the Special Warranty Deed found in the agenda materials accompanying this resolution. SECTION 2. The Mayor is hereby authorized to sign the Special Warranty Deed in the form found in the agenda materials accompanying this resolution, conveying the vacated right-of-way to Premier RV Storage, LLC , the owner of land adjacent to the vacated right-of-way. SECTION 3. The Town’s Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out this resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of August, 2019. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 08/06/2019 Page 288 of 300 00063991.DOCX /4 - 1 - 7/22/2019 2:55 PM SPECIAL WARRANTY DEED Exempt: A.R.S. § 11-1134(A)(3) THE TOWN OF MARANA (the “Grantor”), an Arizona municipal corporation, for the consideration of TEN DOLLARS, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, do es hereby vacate and transfer to PREMIER RV STORAGE, LLC (the “Grantee ”), an Arizona limited liability company, the following described right-of-way situated in Pima County, Arizona (the “Property”) pursuant to A.R.S. § 28-7205 and Marana Resolution No. 2019-078: THE SOUTH 25 FEET OF THE LAND CONVEYED BY WARRANTY DEED RECORDED IN THE OFFICE OF THE RECORDER OF PIMA COUNTY, ARIZONA, ON MAY 19, 2003 AT DOCKET 12053 PAGE 4024 (SEQUENCE 20030960649) RESERVING TO THE GRANTOR a temporary construction easement over the Property for the construction of Tangerine Road improvements, which temporary construction easement shall terminate on December 31, 2027 or 60 days after completion of the Tangerine Road project, whichever occurs first. AND RESERVING pursuant to A.R.S. § 28-7210 easements for utilities, pipelines, telecommunications facilities, canals, or appurtenances to the extent such facilities exist ed on the Property before the date of this deed. SUBJECT TO reservations in patents and all covenants, conditions, restrictions, obligations, and liabilities as may appear of record. AND THE GRANTOR HEREBY BINDS itself and its successors to warrant and defend the title against all acts of the Grantor, and no other, subject to the matters above set forth. IN WITNESS WHEREOF, GRANTOR has caused this Special Warranty Deed to be signed by the undersigned duly authorized officer this ____ day of ______________, 2019. “GRANTOR ”: THE TOWN OF MARANA, an Arizona municipal corporation By: Ed Honea, Mayor ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO SUBSTANCE: Keith Brann, Town Engineer APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 08/06/2019 Page 289 of 300 00063991.DOCX /4 - 2 - 7/22/2019 2:55 PM STATE OF ARIZONA ) ss County of Pima ) The foregoing instrument was acknowledged before me on _____________________, 2019, by Ed Honea, Mayor of THE TOWN OF MARANA, an Arizona municipal corporation, on its behalf. 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