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Home My WebLink About08/05/2008 Amended Council Packet~~WN OF q ti~~,iz,ati~,~ gklZUtvP AMENDED REGULAR COUNCIL MEETING NOTICE AND AGENDA Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 August 5, 2008, at or after 7:00 p.m. Ed Honea, Mayor Herb Kai, Vice Mayor Council Members Russell Clanagan Patti Comerford Carol McGorray Jon Post Roxanne Ziegler 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 SII~EM MODE ALL PAGERS AND CELL PHONES. Welcome to this Marana Council meeting. Regular Council meetings are usually held the first and third Tuesday of each month at 7:00 p.m. at the Marana Town Hall, although the date or time may change, or Special Meetings may be called at other times and/or places. Contact Town Hall 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. If you are interested in speaking to the Council during Call to the Public, Public Hearings, or other agenda items, 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. 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. To better serve the citizens of Marana and others attending our meetings,. the Council Chambers are wheelchair and handicapped accessible. Any person who, by reason of any disability, is in need of special services as a result of their disability, such as assistive listening devices, agenda materials printed in Braille or large print, a signer for the hearing impaired, etc., will be accommodated. Such special services are available upon prior request to the Town Clerk at least 10 working days prior to the Council meeting. Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online at www.marana.com, by linking to the Town Clerk page under Agendas, Minutes and Ordinances. For questions about the Council meetings, special services or procedures, please contact the Town Clerk, at 382-1999, Monday through Friday from 8:00 a.m. to 5:00 p.m. Posted no later than August 4, 2008, 7:00 p.m., of the. Marana Municipal Complex, the Marana Operations Center and at www.marana.com under Town Clerk, Agendas, Minutes and Ordinances tpWN OF .., MARAN,1 ~ gKIZVNP AMENDED REGULAR COUNCIL MEETING NOTICE AND AGENDA Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 August 5, 2008, at or after 7:00 p.m. REGULAR MEETING A. CALL TO ORDER AND ROLL CALL B. PLEDGE OF ALLEGIANCE AND INVOCATION/MOMENT OF SILENCE - Rev. Joe W. King C. APPROVAL OF AGENDA D. CALL TO THE PUBLIC At this time any member of the public is allowed to address the Town Council on any issue not already on tonight's agenda. 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. 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, may ask staff to review the matter, or may ask that the matter be placed on a future agenda. E. PRESENTATIONS - 1) Presentation: Update on Pinal County Comprehensive Plan (Gilbert Davidson) 2) Presentation: Relating to Transportation; status update on the Twin. Peaks Interchange design (Keith Brann) 3) Presentation: Overview of NovusAGENDA (Jocelyn Bronson) ANNOUNCEMENTS/UPDATES - PROCLAMATIONS - F. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS G. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS H. STAFF REPORTS GENERAL ORDER OF BUSINESS I. CONSENT AGENDA SOWN OF 4 N~,ailn~,> > gRIZONP AMENDED REGULAR COUNCIL MEETING NOTICE AND AGENDA Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 August 5, 2008, at or after 7:00 p.m. The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion will approve all items on the Consent agenda, including any resolutions or ordinances. A Council Member may remove any issue from the Consent agenda, and that issue will be discussed and voted upon separately, immediately following the Consent agenda. L Resolution No. 2008-97: Relating to Development; approving and authorizing a final plat for Marana 59, Lots 1-58 and Common Areas "A"-(Open Space/Drainage) and "B" (Natural Undisturbed Open Space) (Kevin Kish) 2. Resolution No. 2008-98: Relating to Public Works; approving and authorizing the Mayor to execute an intergovernmental agreement between the Regional Transportation Authority and the Town of Marana for construction of the Tangerine/Thornydale Intersection Improvement Project (Barbara Johnson) 3. Resolution No. 2008-99: Relating to Parks and Recreation; approving and authorizing full execution of grant agreement #CCG 08-006 with the Arizona State Forestry Division for funding under the Community Challenge Grant Program to support. activities related to the Marana Tree Inventory (T. Van Hook) 4. Resolution No. 2008-100: Relating to Community Development; granting $5,000 in discretionary funding to the Community Food Bank, Inc., an Arizona 501 (C) (3) non-profit organization, to support Marana Food .Bank programs for Marana senior citizens, youth, and families (T. Van Hook) 5. Resolution No. 2008-101: Relating to Real Estate; authorizing the acquisition by negotiation or condemnation of lands and property rights needed. for Honea Heights Pavement Rehabilitation, Town of Marana Project No. 2003- 14 (Keith Brann) 6. Ordinance No. 2008.16: Relating to Administration; amending Title 1 "General") of the Marana Town Code to authorize the Town Attorney and Town Clerk to correct certain scrivener's errors in the Town Code and ordinances and resolutions adopted by the Town Council; adding Section 1-4- 5; and designating an effective date (Frank Cassidy) J. COUNCIL ACTION 1. Resolution No. 2008-102: Relating to Mayor and Council; authorizing an alternative date for the August 19, 2008 Council meeting (Jocelyn Bronson) 2. Ordinance No. 2008.17: Relating to Animal Control; amending Title 6 sections 6-2-8, 6-2-9 and 6-2-12 of the Marana Town Code to establish new ~nwN nF ~~, n~aizan~a gRIZONP AMENDED REGULAR COUNCIL MEETING NOTICE AND AGENDA Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 August 5, 2008, at or after 7:00 p.m. dog licensing fees, delinquency penalties, license transfer fees and duplicate tag fees; and designating an effective date (Jane Fairall) 3. a. Ordinance No. 2008.18: Relating to Building; adopting by reference the 2008 Marana Outdoor Lighting Code; amending Marana Town Code Section 7-1-2; repealing Title 18 of the Marana Land Development Code; and declaring an emergency (John Huntley) b. Resolution No. 2008-103: Relating to Building; declaring the revised 2008 Marana Outdoor Lighting Code as a public record filed with the Town Clerk; and declaring an emergency (Jane Fairall) 4. Ordinance No. 2008.19: Relating to Administration; adding the positions of General Manager, Assistant Chief of Police and Police Commander to the Town's unclassified service; creating two additional categories of employment; amending Town Code Sections 3-1-2, 3-1-3 and 3-1-4; adding new Town Code Sections 3-2-11, 3-2-12 and 3-2-13; and declaring an emergency (Deb Thalasitis) 5. Resolution No. 2008-104: Relating to Personnel; approving a salary schedule for classified employees and an action plan for implementation of the classification and compensation study and fiscal year 2008-09 performance management program; and declaring an emergency (Deb Thalasitis) 6. Resolution No. 2008-105: Relating to Utilities; adopting a notice of intention to adopt wastewater rates, rate components, fees,. and service charges, and setting a September 16, 2008 public hearing on the proposed adoption (Frank Cassidy) 7. Resolution No. 2008-106: Relating to Utilities; adopting a notice of intention to adopt wastewater treatment development impact fees, and setting an October 7, 2008 public hearing on the proposed adoption (Frank Cassidy) 8. Resolution No. 2008-107: Relating to Municipal Court; appointing Charles Davies as Marana Town Magistrate for atwo-year term beginning September 1, 2008; approving and authorizing the mayor to execute an employment agreement between the Town of Marana and Charles Davies (Deb Thalasitis) K. BOARDS, COMMITTEES AND COMMISSIONS L. ITEMS FOR DISCUSSION/POSSIBLE ACTION 1. Legislative Issues: Discussion/Direction/Action regarding all pending legislation (Stephen Romero) tpwN of v h9A12AN- . ~ gRIZONP AMENDED REGULAR COUNCIL MEETING NOTICE AND AGENDA Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 August 5, 2008, at or after 7:00. p.m. M. EXECUTIVE SESSIONS 1. Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney. concerning any matter listed on this agenda. 2. Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), discussion or consultation for legal advice with the Town's attorneys and discussion and to consider its position and instruct the Town Manager and staff concerning the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008- 001131. 3. Executive Session pursuant to A.R.S. §38-431.03 (A)(4) and (7) to consider the Town's position and instruct its representatives regarding negotiations for the purchase of property rights needed for the Twin Peaks interchange project, CIP number 2001-44, from the parcels of property generally identified as Pima County Assessor's parcel numbers 226-15-008B, -017B, - 018B & -019A; 221-04-005B, 226-36-OOSB & -0050; and 226-08-0190; and to instruct the Town's attorneys in settlement negotiations and contemplated condemnation proceedings relating to the same property rights. 4. Executive session pursuant to A.R.S. § 38-431.03(A)(4) for discussion and consultation with the Town's attorneys to consider its position and instruct its attorneys regarding settlement negotiations in the case entitled Town of Marana v. US Realty 87 Tucson-Grove Assoc., Pima County Superior Court # 020061140, a condemnation case to acquire right-of--way and property rights for the Thornydale Road construction project. N. FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion of what items to place on the agenda, if three or more council members request an item to be placed on the agenda, it must be placed upon the agenda for the second regular town. council meeting after the date of the request (Marana Town Code, Title 2, Chapter 2-4, Section 2-4-2 B) O. ADJOURNMENT IOwN O,c TOWN COUNCIL MEETING TOWN OF MARANA y MARANA ~ INFORMATION ~'°' " gkIZOH~' MEETING DATE: August 5, 2008 AGENDA ITEM: E. 1 TO: MAYOR AND COUNCIL FROM: Gilbert Davidson, Town Manager SUBJECT: Presentation: Update on Pinal County Comprehensive Plan DISCUSSION Ken Buchanan, the Pinal county Assistant County manager for Development Services, and Jerry Stabley, the Planning Director, will update the Council on the progress that has been made on developing a new Comprehensive Plan for Pinal County. 7/29/2008 `OaN OF TOWN COUNCIL MEETING TOWN OF MARANA 9 MARANA ~ INFORMATION gR1ZON~' MEETING DATE: August 5, 2008 AGENDA ITEM: E. 2 TO: MAYOR AND COUNCIL FROM: Keith Brann, P.E., CFM, Town Engineer SUBJECT: Presentation: Relating to Transportation; status update on the Twin Peaks Interchange design DISCUSSION Public Works staff will be giving a presentation on the status of the Twin Peaks interchange. The presentation will be focusing on the three broad areas of concern that could affect bid schedule: right of way acquisitions, railroad construction and maintenance agreement, and environmental clearances. ~pNN OF TOWN COUNCIL MEETING TOWN OF MARANA 9 MARArvn ; INFORMATION '~RIZONP MEETING DATE: August 5, 2008 AGENDA ITEM: E. 3 TO: MAYOR AND COUNCIL FROM: Jocelyn Bronson, Town Clerk SUBJECT: Presentation: Overview of NovusAGENDA DISCUSSION This item gives staff and the Council an opportunity to understand the new Council agenda pre- paration process using NovusAGENDA. NovusAGENDA is a web-based software designed to create an automated paperless agenda process that allows for centralized storage of agenda documents by allowing users to create, approve, and track items for meetings via the web. Staff anticipates that this project will be fully integrated by December 2008. RECOMMENDATION None. ATTACHMENT(S) Executive Summary. SUGGESTED MOTION This item is for informational purposes only. 8/5/2008 JCB .~ V O = O ~ N V ~ ~ N ~ ~ ~ ~ L ~ ~ a 0 c 0 :~... as a~ L a Q D Z W Q N O Z r~ Q D Z W C~ Q 0 Z ^ ~--~ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ~ ~ ~ ~ ~ . ~ ~ ~ ~ ~ ~ ~ ~ (~ ~ ~ ~ _ ~ ~ (Q ~ ~ ~ ~ 0 ~ U ~ ~ N ~ ~ 'O L t6 (6 U O ~-' ~ ~ ~ ~ ~ N .Q -~ ~ ~ ~ ~ ~ O ~ -~ L O (n Q ~ .~ ; , Q ~ ~ (n ~ ~ 0 Q ~ W ~ ~ ~ ~ O ~ ~ ~ N ~ ~ O ~ ~ ~ ~ ~ U ~ N -~ O ~ ~ Z ~ ~ ~ ~ ~• Q 0 z w a 0 z ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ U N ~ ~ U \ U O ~ U ~ ~ ~ .~ ~ C '~ ~ ~ ~ ~ ~ ~ N ~ C (~ t6 ~ t~ ~ ~ N ~ ~ ~ ~ ~ ~ O ~ O U to '~ N N ~ ~ ~ ~ ~ ~ ~ ~ ~ N 0 '~ 'a ~ U ~ ~ O `'- ~ ~ N _~ ~ t~ O ~ (~ 7 v O C ~ ~ U ~ ~ F- ~ N LL ~ ~ N U ±~ U_ ~ ~ ±~ U_ ~ O ~ ~ 2 ~~ Q O Z W Q O Z ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ O U N V N~ I..L N O N O O I C N N N O N U O N .~ N N U N U N N V N N N C O .~ N C N U O O N N L 0 '+-~ V / N .N N O N N .~ C c~ O U (Cf N N N (0 O O N U .Q U (~ O -I--+ Q O U O N N .~ N N L c~ G N U (~ Q .~ U N O O Q O N +r c~ G N ..C N (~ J O C N +~ W L ~~ rW i ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ~U C U '~ V J .~ G O >~ O L 4- -~ O cLa c~ L ^~ W C U t/J W ~U C U r N ~ N{ ~ ~ ~ O Q U `N ~ V J - 9~ L~ _N C Q ~ O ~' U ~ Cn ~ ~ .F;~ .(~ L H- Q. .V O Q ~ > > N C L ~~ 4- C G ..._. ;~ ~. ~ Yw~ ii <r .'{ ~Fi . Y~ :. L Jt n W l~l '.'..P /~ ~ - ~~: s~l ~.~~ <. ~-. f: h rr Y~[ ~' ~~ ; ",e. .mar., ~~~:~ ~ ~ ~ ~~` --- ... .,..~.r,~<. ;~ r i ~.Y ~ ~: ~.,' yy, ~. ,' lk ~~~ 1 ' Ii xi ¢ ~ a r4. ~- i« ~ x ' `r a ~ £H~ ' ~ , r i ~ i S I ~ t ~ 4 ~ ~ ~:#. ;,, , i.. his ,k . ' . _~ ^ ^ ^ N o 1 0 ~ o L- o ~ o ~~ ^ ~ ~ O ~ cn ~ ~ ~ N ~ ~~ ~ ~ 4 = 4 4 ~ O ~ p ~ ~ ~L ~ ~ L ~~ ~ W p ~ O ,~ .~ ~ ~ ¢ Q ^ ~ ^ ~ ^ ° ^ ^ U ^ ^ O ^ U o ._ ' CJ ^ ,~ N ° .- o W • O ~--+ ' c ~ ~ U _ ^ U m J o ~ ~ ~ 3 ~ ~ ~, ~' U ~ N ~ c~ ~ Q ^ (6 ^ .~ ~ ~ p o ~ o ~ o ~ ~ ~ o p~ ~~ m v C~ ~ ~ Q ~ ~ Executive Summary For over eight months staff has been working toward a solution that will enable the Clerk's Department to increase productivity to meet the volume of material being prepared for Council review yet maintain the current staffing level. Moving toward a completely electronic agenda management software system was the outcome from this research. Why Electronic Agenda Software? All staff is being tasked with creating more Council agendas. This requires more staff time and resources as well as a faster agenda turn-around time. This has rendered the current system of agenda preparation inadequate and subject to increased error. Staff recognizes failures in the current system and believe that the implementation of an electronic agenda software management system will mitigate many of the problems and offers a review process throughout the agenda development and preparation process that is more efficient and effective. Agenda development process overview In the initial phases, staff looked at the following: 1. The frequency of council meetings per month and year 2. Current deadlines of item submission for an agenda 3. Staffing time needed to prepare an agenda 4. Turn around time required for distribution of agenda 5. Council's request for more time to review agendas 6. Error margin as a result of little or no review time 7. The benefits and risks of going to an all electronic system 8. Cost to prepare and distribute an agenda The project was sent out for bid through the Town's procurement process and NovuSolutions was selected as the best vendor with their product NovusAGENDA. Key contributors to the agenda creation process then gathered with the project coordinator and NovuSolutions design team to customize the software to make it more user and public-friendly. During the process key staff also eliminated glitches and duplicates contained within the old system. About the product NovusAGENDA is a web based software solution designed to create an automated paperless agenda process that allows for centralized storage of agenda documents by allowing users to create, approve, and track items for meetings electronically. Expectations NovusAGENDA will allow changes, corrections and additions to agenda items to be done electronically without paper. This will help eliminate situations when people are out of the office or may have misplaced items that are being circulated to several staff. Built into the software are submission deadlines for agenda items. This will allow for a more thorough review of the agenda packet before. and after it gets to the Clerk's office. This will hold staff accountable for the items they are responsible for preparing. In turn Council will receive materials more quickly and with fewer amendments. Additionally, Council can choose to receive a paper packet, a packet on CD or access the agenda packet online. A feature of NovusAGENDA is Boardview. Boardview is for Council members use only and allows members to prepare before meetings. Council members can make private comments, viewable only by them and can research prior agenda materials if necessary. A module of the software currently in the design phase will allow the agendas to be "dropped" into the current electronic data management system (Laserfiche) without having to manually scan the documents as we are doing now. When available, that module will be provided at no or nominal charge to us. Benefits • Reduced cost of paper use and printing • Council members will have more time to review packets • Document preparation and review process becomes more efficient • Council members can receive paper packets, packets on CD, or access packet on Internet/Intranet • Storage of documents in one secure place with full data backup and built-in minutes feature • Automatic publication of agendas, actions, and minutes to website • Customized workflow from start to finish • Electronic notification to .keep items moving forward • Boardview for Council member use • Public can access agenda in PDF or HTML format -much easier to read and follow Training and. Timelines • Final customizations completed by July 31 • Training of staff and Council during August and September • Live test of software for September 16, October 7 and October 21 meetings • Full integration no later than December t(iWN nF TOWN COUNCIL MEETING TOWN OF MARANA 9 r~ARnr,n ; INFORMATION gRt1 VvP MEETING DATE: August 5, 2008 AGENDA ITEM: I. 1 TO: MAYOR AND COUNCIL FROM: Kevin Kish, AICP, Planning Director SUBJECT: Resolution No. 2008-97: Relating to Development; approving and authorizing a final plat for Marana 59, Lots 1-58 and Common Areas "A" (Open Space/Drainage) and "B" (Natural Undisturbed Open Space). DISCUSSION History and Request The applicant is requesting approval of a final plat fora 58-lot single-family home subdivision, comprising Lots 1-58 and Common Areas `A' (Open Space/Drainage) and `B' (Natural Undisturbed Open Space) on approximately 58.8 acres. On July 30, 2008, the Planning Commission will consider an appeal by the applicant requesting relief from the requirements of Section 06.03.02.E (Improvement Requirements) of the Town of Marana Land Development Code. This section would require the existing electrical transmission .lines along Hartman Lane, adjacent to this proposed development, to be located underground at the developer's expense. Given that the Planning Commission meeting had not yet taken place at the time this report was prepared for the Town Council, action taken by the Commission will be provided to the .Town Council during the presentation by staff on August 5, 2008. On July 19, 1994, the Town Council approved Ordinance 94.09 authorizing a rezoning of 100. acres (inclusive of the 58.8 acres of this application) of land near Hartman Lane and Overton Road from Zone `C' to R-8 Residential subject to six conditions and adherence to a tentative development plan. The Town Council subsequently unanimously approved Resolution 2006-32 on February 21, 2006 modifying the previously approved Ordinance by eliminating two of the conditions and allowing a 'reconfiguration of the proposed lots and adjustment of the open space areas. The preliminary plat was approved by Resolution 2007-124 by the Town Council on July 10, 2007 by a vote of 4-2, with Council Members Clanagan and Escobedo opposing. Location The subject property is generally located on the west side of Hartman Lane approximately one-half mile south of Linda Vista Blvd. Zoning The applicant is requesting final plat approval fora 58-lot single-family residential subdivision, comprising Lots 1-58 and Common Areas `A' (Open Space/Drainage) and `B' (Natural Undisturbed Open Space). The proposed Marana 59 subdivision contains a gross area of 58.8 acres, and proposes -1- 080508 PRV-06088F Marana 59 FP TC 58 single-family lots ranging in size from 8,015 square feet (Lot 3) to 13,040 square feet (Lot 36). The average lot size proposed is 9,012 square feet. Current zoning of the property is R-8 (8,000 square foot minimum lot size). Approximately 8.3 acres will be utilized for drainage and open space (Common Area `A'), and roughly 33.8 acres is designated as natural undisturbed open space (Common Area `B'). All residential units will be subject to the Town of Marana residential design standards. Pursuant to the rezoning ordinance, the development must adhere to the town's Native Plant Ordinance. The appropriate plan shall be approved by the Planning Department prior to the issuance of grading permits for this project. Transportation and Utilities The project proposes one point of ingress/egress off of Hartman lane. The Planning Commission approved a design exception for the single-point access at the Apri125, 2007 meeting. As a condition of approval of the Design Exception, Northwest Fire has required that all residences are provided with a 3/ -inch water meter and are fire sprinklered. The appropriate notes have been included on the plat. The internal circulation will consist of 0.7 miles of new public streets. During the review process for the Preliminary Plat, concerns were raised by neighboring property owners regarding the traffic conditions on Hartman Lane and potential impacts of -this proposed development. In response to these .concerns, staff contracted with the engineering firm PSOMAS to conduct an independent study of the segment of Hartman Lane from its southern intersection with Eaglestone Loop north to Whipsnake Way. The study revealed that no off-site improvements (right or left-turn lanes) were numerically warranted by the project. Although such improvements are not required by the Town, the developer has offered. to provide alert-turn lane improvement on northbound Hartman Lane into the Marana 59 development in order to alleviate concern about the traffic safety in that area. The proposed subdivision will be served by Marana Municipal Water, and all lots will be connected to the public sewer system. Parks/Impact Fees .The developer is not required to provide any improved on-site recreation areas, as the proposed density is less than three dwelling units per gross acre. The development proposes approximately 34 acres of natural undisturbed open space, and is subject to the adopted park impact fee and south transportation impact fee to be assessed at the time of issuance of each building permit. ATTACHMENTS Application; location map; and reduction of final plat. RECOMMENDATION Staff has reviewed the application for compliance with Ordinance 94.09, Resolution 2006-32, Resolution 2007-124, the Marana Land .Development Code, and the Marana General Plan. The proposed final plat is in substantial conformance with all required development regulations and the approved Design Exception. Staff recommends approval of the final plat for Marana 59. SUGGESTED MOTION I move to approve Resolution No. 2008-97. 080508 PRV-06088F Marana 59 FP TC MARANA RESOLUTION N0.2008-97 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A FINAL PLAT FOR MARANA 59, LOTS 1-58 AND COMMON AREAS "A" (OPEN SPACE/DRAINAGE) and "B" (NATURAL UNDISTURBED OPEN SPACE).. WHEREAS, Pacific International, LLC, the property owner of Marana 59, has applied. for approval of a final plat fora 58-lot single-family home subdivision on 58.8 acres, including lots 1 through 58 and Common Areas "A" (Open Space /Drainage), and "B" (Natural Undisturbed Open Space) and generally located on the west side of Hartman Lane, approximately one-half mile south of Linda Vista Boulevard within a portion of the southeast quarter of Section 23, Township 12 South, Range 12 East; and WHEREAS, the Marana Town Council, at the regularly scheduled meeting on August 5; 2008, determined that the Marana 59 final plat should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Marana 59 final plat, a 58-lot single-family home subdivision on 58.8 acres, including .lots 1 through 58 and Common Areas "A" (Open Space /Drainage), and "B" (Natural Undisturbed Open Space) and generally located on the west side of Hartman Lane, approximately one-half mile south of Linda Vista Boulevard within a portion of the southeast quarter of Section 23, Township 12 South, Range 12 East is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 5th day of August, 2008. Ed Honea, Mayor ATTEST: Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution No. 2008-97 10 N OF TOWN OF MARANA 1 ~ Planning and Zoning Department e } A R-A ~ ''. ~ 3696 W. Orange Grove Road t Tucson, AZ 85741 • "~` ' + a (520) 297-2920 Fax: (520) 297-3930 ~ mzor+ PLANNING & ZONING APPLICATION • ~ .: 1.:.TYPE OF APPLICATION Check Ome a Preliminary Plat ~ Cl General Plan Amendment ^ Variance t Final Plat ^ ^ Specific Plan Amendment ^ Conditional Use Permit Development Plan ^ Rezone ^ Other ^ Landscape Plan ^ Significant Land Use Change 0 Native. Plo..t P...•..s -' ..; - ~ 2. GENERAL DATA .ItE UIRED. , , Assessor's Parcel Numb General Plan Designation s 2 21 - 0 6- 0 2 8 0 (To be confirmed b3' statlE) Gross Area (Acre/Sq. Ft.) Current Zoning 58.8 aeres/2,562,289 5F obeconfirned sta R-8 Development/ ' Proposed Zoning Pro ectName Marana 59 Project Location 9051 N. Hartman Lane, Marana, AZ Description of Project Single Family Residential Dwelling (58 Lots ) Property Owner Marana 5 9 LLC Street Address city State 2500 N. Tucson .Blvd., Ste: 140 Tucson AZ . - - Zip Code Phone Number Fax Number iiMail Address 85716 {520)795-0900 {520)795-1554 Contact Person Phone Number Court Gettel Applicant Baker. & Associates Engineering, :Inc. Street Address city state 1636 N. Swan Rd., Stec 200. ucson AZ Zip Code Phone Number ` Fax Number E-Mail Address -~ 85712 (5.20)318-1950 {520)318-1930 ou@baetucson.c Contact Pelson Phone Number Lou Catallini, P.E. {51Q)318-1950 x102 Agent/Representative Street Address City Scale Zip Code Phone Numbs Fax Number 1-Mail Address COntaet Person . . . . Marana Business License No. . . .....r:... ... ~ .: .. 3. AUTHORIZATIOhI OF PROPERTY OWNER `. - I, the undersigned, certify that all of the facts set forth in this application are true to the best of my knowledge and that I am either the owner of the property or that I have been authorized in writing by the owner to file this application ~ not owner of record, attach writt authorization from the caner.) ~ ~- ~. ~ ~ ~ O Print ame of A llcant/A ent Si afore Date FOR OFFICE USE ONLY Case No. ~~~~-~~Cl~ Date Received ~ ~~ ~-% ~ Receipt No. CRW No. ~1+fJ "C'`.:~t-f' Received By ~ ,~`' ~ Fee Amount oor,, ox , i f Final Plat for Marana 59 CASE PRV-06088E ~~ Subject Property Request 0 1400 2800 ft. A request for approval of a final plat fora 58-lot single-family home subdivision, comprising Lots 1-58 and Common Areas "A" (Open Space I Drainage) and "B" (Natural Undisturbed Open Space) on 58.8 acres located within the southeast quarter of Section 23, Township 12 South, Range 12 East. Data Disclaimer. The Town of Marana provides this map information 'As Is' at the request of the user with the understanding that is not guaranteed to be accurate, corrector complete and conclusions drawn from such information are the responsibility of the user. to no event shall The Town of Marana become liable to users of these data, or any other party, for any loss or direct, indirect, special,incidental or consequential damages, including but not limited to time, money or goodwill, arising from the use or modification of the data. • • ' `4 t ~ ~ w g ~ ~ ~ ~ ~ N~ ~~ ~~ ~ ~ ~~ ~~~~ ~g~~N ~~T~~~~ ~ ~ ~ ~ ~~~~ ~~ ~ ~~ ~ ~~~~ ~~ ~ ~o a z ~ ~ ., -, ~~ ~ ~ ~~~ ~ ~~~~ ~ o~~ ~ ~~ ~ ~ ~ ~ ~~ ~~~ ~ ~~~~,~ ~ ~ ~~~ 'D !C W O I ~. w ~i i ~ ~ ~ ~~ I I I ~~ ~~ _ ~~ ~ ~ ~ N ~ ~ ~ t ti ~6~ 4~1 a ~~ 4~ ~~'~~'~' 9~ ,, ~ ~ ~~ A W tp a aoG~~UD®. 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J~; g~ \\ ~1 b ~~Q ~~~ g~~~ ma~ T \~ ~' ~~ E 9 ~~ ~~~ ~~ a ~ ~~ ~~ vTg1 `V ~J /~~/~y~~ ~~ N~ ~~ ~, ~ MA CHUNE - 1 SEI~ SHEET ~2 ~ I ~ I I ~ ,~ D ~ I ~~ ds ~ N 'lOW"I OF TOWN COUNCIL MEETING TOWN OF MARANA q Auarvn ; INFORMATION gk~Zo MEETING DATE: August 5, 2008 AGENDA ITEM: I.2 TO: MAYOR AND COUNCIL FROM: Barbara F, Johnson, Director of Public Works SUBJECT: Resolution No. 2008-98: Relating to Public Works; approving and authorizing the Mayor to execute an intergovernmental agreement between the Regional Transportation Authority and the Town of Marana for construction of the Tangerine/Thornydale Intersection Improvement Project. DISCUSSION The Town of Marana and the Regional Transportation Authority (RTA) are authorized by state statute to work together on capital improvement projects. The Town of Marana is committed to the construction and maintenance of the Tangerine/Thornydale Intersection Improvement Project, and the RTA has expressed its desire to cooperate in the project as well. The Project includes the minor widening of Tangerine Road, the addition of a dedicated northbound and southbound right and left turn lanes along Thornydale Road, and striping, signing. and traffic signal modifications. The attached intergovernmental agreement establishes the RTA's commitment to a financial contribution in the amount of $350,000 to be used toward the cost of the Project. Upon its completion, title to the Project improvements constructed as a result of the agreement shall vest in the Town and the Town shall be responsible for the continued operation and maintenance of the improvements. ATTACHMENTS Intergovernmental agreement with the RTA. RECOMMENDATION Staff recommends adoption of Resolution No. 2008-98, approving and authorizing the Mayor to execute the intergovernmental agreement with the RTA to provide for funding of the Tangerine/ Thornydale Intersection Improvement Project. SUGGESTED MOTION I move to adopt Resolution No. 2008-98. {OOOi0377.DOC /} 7/24/2008 4:08 PM POK/FC MARANA RESOLUTION N0.2008-98 RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE REGIONAL TRANSPORTATION AUTHORITY AND THE TOWN OF MARANA FOR CONSTRUCTION OF THE TANGERINE/THORNYDALE INTERSECTION IMPROVEMENT PROJECT. WHEREAS, A.R.S. § 48-5301, et seq., authorizes the Regional Transportation Authority (RTA) to act as a regional taxing authority for the purpose of funding multi-model transportation op- erations and improvements identified in the Regional Transportation Plan approved on May 16, 2006; and WHEREAS, the RTA is authorized by A.R.S. § 48-5304 (16) and § 48-5308 to administer and distribute the regional transportation funds to the members of the RTA and to sell bonds in furtherance of that purpose to fund those projects or programs identified in the Plan; and WHEREAS, the Town of Marana and the RTA wish to cooperate in the construction, and the RTA has committed to a financial contribution in the amount of $350,000 of improvements to the Tangerine/Thornydale Intersection consisting of the minor widening of Tangerine Road, the addi- tion of a dedicated northbound and southbound right and left turn lanes along Thornydale Road and striping, signing and traffic signal modifications; and WHEREAS, the Mayor and Council of the Town of Marana feel it is in the best interests of the citizens of Marana to enter into this intergovernmental agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the intergovernmental agreement between the Town of Marana and the Regional Transportation Authority of Pima County attached to this resolution as Exhibit A is hereby approved, and the Mayor is authorized to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and au- thorized to undertake all other and further tasks required or beneficial to carry out the terms, obliga- tions, conditions and objectives of the intergovernmental agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 5th day of August, 2008. ATTEST: Jocelyn C. Bronson, Town Clerk Mayor Ed Honea APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00010378.DOC /} RTA IGA Tangerine/I'hornydale pok/fc INTERGOVERNMENTAL TRANSPORTATION FUNDING AGREEMENT BETWEEN THE REGIONAL TRANSPORTATION AUTHORITY OF PIMA COUNTY AND TOWN OF MARANA FOR DESIGN AND CONSTRUCTION OF IMPROVEMENTS TO TANGERINE / THORNYDALE INTERSECTION SAFETY & CAPACITY IMPROVEMENTS This Agreement (hereinafter "this Agreement") is entered into by and between the Regional Transportation Authority of Pima County ("RTA" or "the Authority"), a special taxing district formed pursuant to Title 48 Chapter 30 of the Arizona Revised Statutes (A.R.S.), and the Town of Marana, an Arizona municipal corporation (the "Town of Marana" or "the Lead Agency") pursuant to A.R.S. § 11-952. RECITALS. A. A.R.S.§ 48-5301, et seq., authorizes the Authority to act as a regional taxing authority for the purpose of funding multi-model transportation operations and improvements identified in the Regional Transportation Plan ("the Plan") approved by the voters at the special election held in Pima County, Arizona, on May 16, 2006. B. The governing board of the Authority is composed of representatives of each member of the regional council of governments in accordance with A.R.S. § 48-5303. C. Pursuant to A.R.S. § 48-5304 (12), the governing board of the Authority has sole authority to implement the elements of the Plan. D. Pursuant to A.R.S. § 48-5304 (13), the governing board of the Authority shall coordinate the implementation of the Plan among the local jurisdictions. E. A Regional Transportation Fund was established by the Arizona Legislature per A.R.S. § 48-5307 to be the repository for those funds collected for the purpose of funding the transportation projects identified in the Plan. F. The Authority is authorized by A.R.S. §§ 48-5304 (16) and 48-5308 to administer and distribute the regional transportation funds to the members of the Authority and to sell bonds in furtherance of that purpose to fund those projects or programs identified in the Plan. G. The Lead Agency is authorized by A.R.S. § 9-240(B)(3) to layout, maintain, control and manage public roads within the Lead Agency's. jurisdictional boundaries. H. The Lead Agency may have a legal contract with one or more jurisdictions within Pima County empowering the Lead Agency to perform roadway and other improvements outside the Lead Agency's jurisdictional boundaries. IGA RTA Page 1 of 12 Tangerine/'fhornydale 080716 The Lead Agency and the Authority wish to cooperate in the design and construction of improvements to the TANGERINE / THORNYDALE INTERSECTION SAFETY & CAPACITY IMPROVEMENTS ("the Project"). J. The Project is one of the transportation projects included in the Plan or is eligible for funding as part of a categorical program included in the Plan. K. The Authority intends to fund the Project under the terms and conditions contained in this Agreement and has entered into this Agreement for that purpose. L. It is the policy of the Authority to require that a lead agency be identified and an intergovernmental agreement (IGA) be approved and entered into by the Authority and the lead agency before requests for funding reimbursement or payment can be processed by the Authority. M. The Town of Marana has been identified as the Lead Agency for the Project and will be responsible for all aspects of project implementation including, but not limited to, planning, project management, risk management, design, right of way acquisition and construction, advertisement, award, execution and administration of the design and construction contracts for the Project. N. The RTA's Administrative Code will control all payments and other procedures unless otherwise specified herein. O. The Authority and the Lead Agency may contract for services and enter into agreements with one another for joint and cooperative action pursuant to A.R.S. § 11-952, et seq. NOW, THEREFORE, the Town of Marana and Authority, pursuant to the above and in consideration of the matters and things set forth herein, do mutually agree as follows: AGREEMENT 1. Purpose. The purpose of this Agreement is to set forth the responsibilities of the parties for the design, construction, maintenance and operation of the Project and to address the legal and administrative matters among the parties. 2. Project. The Project consists of minor widening of Tangerine Road, the addition of dedicated northbound and southbound right and left turn lanes along Thornydale-Road and signal modifications as more fully depicted in the attached Exhibit A, including the following: a) Detailed project scope and schedule. b) Project budget and cost breakdown of items eligible for reimbursement by the Authority including any proposed billing of staff time directly attributable to Project. c) Total amount of RTA funding allowed for the Project plus a breakdown of any other regional, local, federal or state funding available. d) Designation of Project phases, if applicable, and any additional related agreements. e) Estimated construction start date and duration of construction. f) Projected cost reimbursement timeline. g) Identification of the Lead Agency's duly authorized representative for signing and submitting payment requests. IGA RTA Page 2 of 12 Tangerine/Thornydale 080716 3. Effective Date; Term. This Agreement shall become effective upon filing a fully executed original with the office of the Pima County Recorder and shall continue in effect until all improvements constructed pursuant to this Agreement are completed, all eligible reimbursement payments to the Lead Agency are concluded, and all warranties applicable to the Project have expired. 4. Responsibilities of the Lead Agency. a. The Lead Agency shall be responsible for the design, construction and/or installation of the Project in accordance with this Agreement and all applicable public roadway, traffic signal, and street lighting design and construction standards. Design Standards are federal, state, county or municipal standards for engineering, traffic, safety or public .works facilities design. Examples of Design Standards include the American Association of State Highway and Transportation Officials and Federal Highway Administration standards for highway engineering and construction, the Pima County/City of Tucson Standard Specifications for Public Improvements, the Pima County Roadway Design Manual, October 2002 revision, the Pima County Department of Transportation /City of Tucson Department of Transportation Pavement Marking Design Manual, and Pima County and municipal design guidelines for roadway lane widths and level of drainage protection. b. If consultants or contractors are employed to perform any portion of the Project, the Lead Agency shall be responsible for the contracts for design and construction of the Project and shall select the consultants and contractors to be used on the Project. The Lead Agency shall immediately provide to the Authority copies of any and all contract documents and related materials upon request by the Authority. The Lead Agency shall retain the usual rights of the owner of a public contract including the authority to approve changes and make payments. However, any changes to the Project which would result in the final project cost deviating, by ten or more percent, from the Authority's budget amount for the Project, must be approved by the Authority in advance of those changes being made, regardless of the fact that the Authority will not be paying for them. c. The Lead Agency shall be responsible for all traffic management, including public notification, during construction of the Project. d. .The Lead Agency shall operate and maintain the improvements during and after completion of construction. e. The final cost of the Project shall be that amount necessary to complete the Project including any unanticipated work incorporated into the Project by change orders and amendments executed by the Lead Agency. The Lead Agency shall be responsible for all Project costs in excess of the RTA funds contributed to the Project. f. The Lead Agency shall exercise its power of eminent domain, if necessary, to acquire property needed for the Project. IGA RTA Page 3 of 12 Tangerine/Thornydale 080716 g. The Lead Agency will be responsible for assuming all risks associated with the Project except those that are assigned to another. agency or jurisdiction that has agreed to that assumption. h. The Lead Agency shall require its contractors performing any portion of the Project to name the Authority as additional insured and additional indemnitee in all of the Lead Agency's contracts for the Project. The Lead Agency shall also require its contractors to name the Authority as an additional beneficiary in any performance and payment related assurances posted for the Project. i. The Lead Agency shall be responsible for preparing and submitting to the Authority, within the first week of each month or as otherwise specified herein, invoices for payment signed by a duly authorized representative of the Lead Agency and which include sufficient background information documenting payments made to contractors, vendors or any other eligible costs identified in this Agreement or the RTA's Administrative Code. The Lead Agency must retain and certify all vendor receipts, invoices and any related Project records as needed and ensure that they are available for review for a minimum of five (5) years after final payment is made unless otherwise specified herein. j. The Lead Agency shall be responsible for submitting a status report describing its progress and adherence to the Project scope, schedule and budget with each request for payment. 5. Responsibilities of Authority. a. Upon receipt of authorized payment requests, the Authority shall convey to the Lead Agency RTA funds in the amount specified in Exhibit A on a reimbursement basis unless otherwise specified herein. All payments and reimbursements shall follow the policies outlined in the RTA's Administrative Code. b. Reimbursements will generally be based on the Project schedules established by the Lead Agency and contained in Exhibit A. c. The RTA staff will review all payment requests to confirm that the request is for reimbursement of costs incurred by the Lead Agency for the Project. If the Authority determines that additional information is needed, the Lead agency will be notified of the request for additional information within five days of the receipt of the invoice by RTA. d. Upon approval of the request by RTA, the invoice will be processed for payment within ten working days of the invoice submittal. e. RTA shall provide all necessary cooperation and assistance to its fiscal agent to process all payment requests from the Lead Agency. 6. Termination. Either party may terminate this Agreement for material breach of the Agreement by the other party. Prior to any termination under this paragraph, the party allegedly in default shall be given written notice by the other party of the nature of the alleged default. The party said IGA RTA Page 4 of 12 Tangerine/'Thornydale 080716 to be in default shall have forty-five days to cure the default. If the default is not cured within that -time, the other party may terminate this Agreement. Any such termination shall not relieve either party from liabilities or costs already incurred under this Agreement. 7. Non-assignment. Neither party to this Agreement shall assign its rights under this Agreement to any other party without written permission from the other party to this Agreement. 8. Construction of Agreement. a. Entire agreement. This instrument constitutes the entire agreement between the parties pertaining to the subject matter hereof, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. Any exhibits to this Agreement are incorporated herein by this reference. b. Amendment. This Agreement may be modified, amended, altered or changed only by written agreement signed by both parties. Construction and interpretation. All provisions of this Agreement shall be construed to be consistent with the intention of the parties as expressed in the Recitals hereof. d. Captions and headings. The headings used in this Agreement are for convenience only and are not intended to affect the meaning of any provision of this Agreement. e. Severability. In the event that any provision of this Agreement or the application thereof is declared invalid or void by statute or judicial decision, such action shall have no effect on other provisions and their application, which can be given effect without the invalid or void provision or application, and to this extent the provisions of the Agreement are severable. In the event that any provision of this. Agreement is declared invalid or void, the parties agree to meet promptly upon request of the other party in an attempt to reach an agreement on a substitute provision. f. This Agreement is subject to the provisions of A.R.S. § 38-511, which provides for cancellation in certain instances involving conflicts of interest. 9. Ownership of Improvements. Ownership and title to all materials, equipment and appurtenances installed pursuant to this Agreement shall automatically vest in the Lead Agency upon completion of the Project. 10. Legal Jurisdiction. Nothing in this Agreement shall be construed as either limiting or extending the legal jurisdiction of the Lead .Agency or the Authority. 11. No Joint Venture. It is not intended bythis Agreement to, and nothing contained in this Agreement shall be construed to, create any partnership, joint venture or employment relationship between the parties or create any employer-employee relationship between the Lead Agency and any Authority employees, or between Authority and any Lead Agency employees. Neither party shall be liable for any debts,. accounts, obligations nor other liabilities whatsoever of the other, including (without limitation) the other party's obligation to withhold Social Security and income taxes for itself or any of its employees. IGA RTA Page 5 of 12 Tangerine/Thornydale 080716 12. No Third Party Beneficiaries. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the legal liability of either party to the Agreement by imposing any standard of care different from the standard of care imposed by law. 13. Compliance with Laws. The parties shall comply with all applicable federal, state and local laws, rules, regulations, standards and executive orders, without limitation to those designated within this Agreement. a. Anti-Discrimination. The provisions of A.R.S. § 41-1463 and Executive Order Number 99-4 issued by the Governor of the State of Arizona are incorporated by this reference as a part of this Agreement. b. Americans with Disabilities Act. This Agreement is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. c. Workers' Compensation. An employee of either party shall be deemed to be an "employee" of both public agencies, while performing pursuant to this Agreement, for purposes of A.R.S. § 23-1022 and the Arizona Workers' Compensation laws. The primary employer shall be solely liable for any workers' compensation benefits, which may accrue. Each party shall post a notice pursuant to the provisions of A.R.S. § 23-906 in substantially the following form: All employees are hereby further notified that they may be required to work under the jurisdiction or control or within the jurisdictional boundaries of another public agency pursuant to an intergovernmental agreement or contract, and under such circumstances they are deemed by the laws of Arizona to be employees of both public agencies for the purposes of workers' compensation. 14. Waiver. Waiver by either party of any breach of any term, covenant or condition herein contained shall not be deemed a waiver of any other term, covenant or condition, or any subsequent breach of the same or any other term, covenant, or condition herein contained. 15. Force Majeure . A party shall not be in default under this Agreement if it does not fulfill any of its obligations under this Agreement because it is prevented or delayed in doing so by reason of uncontrollable forces. The term "uncontrollable forces" shall mean, for the purpose of this Agreement, any cause beyond the control of the party affected, including but not limited to failure of facilities, breakage or accident to machinery or transmission facilities, weather conditions, flood, earthquake, lightning, fire, epidemic, war, riot, civil disturbance, sabotage, strike, lockout, labor dispute, boycott, material or energy shortage, casualty loss, acts of God, or action or non- action by governmental bodies in approving or failing to act upon applications for approvals or permits which are not due to the negligence or willful action of the parties, order of any government officer or court (excluding orders promulgated by the parties themselves), and declared local, state or national emergency, which, by exercise of due diligence and foresight, such party could not reasonably have been expected to avoid. Either party rendered unable to fulfill any obligations by reason of uncontrollable forces shall exercise due diligence to remove such inability with all reasonable dispatch. IGA RTA Page 6 of 12 Tangerine/Thornydale 080716 16. Notification. All notices or demands upon any party to this Agreement shall be in writing, unless other forms are designated elsewhere, and shall be delivered in person or sent by mail addressed as follows: The Authority: Gary G. Hayes, Executive Director Regional Transportation Authority 177 N. Church, Suite 405 Tucson, Arizona 85701 The Town of Marana: Barbara F. Johnson Director of Public Works 11555 W. Civic Center Drive Marana, Arizona 85653 17. Remedies. Either party may pursue any remedies provided by law for the breach of this Agreement. No right or remedy is intended to be exclusive of any other right or remedy and each shall be cumulative and in addition to any other right or remedy existing at law or in equity or by virtue of this Agreement. . 18. Counterparts. This Agreement maybe executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterpart may be removed from such counterpart and attached to a single instrument. In Witness Whereof, the Town of Marana has caused this Agreement to be executed by the Mayor of the Town of Marana, upon resolution of the Mayor and Council of the Town of Marana attested to by the Clerk of the Town of Marana, and the Authority has caused this Agreement to be executed by its Chair of the Board. REGIONAL TRANSPORTATION AUTHORITY OF PIMA COUNTY: Paul H. Loomis, Board Chair Date TOWN OF MARANA: Ed Honea, Mayor Date ATTEST: Jocelyn C. Bronson, Town Clerk Date IGA RTA Page 7 of 12 Tangerine/1'hornydale 080716 The foregoing Agreement between the Town of Marana and the Authority has been approved as to content and is hereby recommended by the undersigned. Gary G. Hayes, Executive Director Barbara F. Johnson, Director of Public Works ATTORNEY CERTIFICATION The foregoing Agreement by and between the Regional Transportation Authority of Pima County and the Town of Marana has been reviewed pursuant to A.R.S. Section 11-952 by the undersigned who have determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to those parties to the Agreement. Regional Transportation Authority of Pima County: Thomas Benavidez, Attorney for the Authority Town of Marana: Frank Cassidy, Town Attorney IGA RTA Tangerine/Thornydale 080716 Date Date Page 8 of 12 Regional Transportation Authority of Pima County Exhibit A 1 RTA Ballot/Project Number: 2 RTA Plan Element: 3 4 5 6 7 8 RTA Plan Sub-Element (if applicable): TIP Project Number: Project Name: Work Phase Covered by this Exhibit: (check all that apply} II-36 Safety Improvements Intersection Safety and Capacity Improvements 171.08 Tangerine /Thornydale Intersection Safety ~ Capacity Improvements Planning Design Right of Way Construction K Project Management K Environmental/Other Project Manager Information (person responsible for status reports): Name: Heather Roberts Mailing Address: 11555 W. Civic Center Drive, Marana, AZ 85653 Telephone Number: 382-2600 Fax. Number: 382-2644 Email Address: hroberts(a)marana.com Authorized Representative(s) (for signing & submitting pay requests): Name: Mailing Address: Telephone Number: Fax. Number: Email Address: Name: Mailing Address: Telephone Number: Fax. Number: Email Address: Barbara F. Johnson 11555 W. Civic Center Drive, Marana, AZ 85653 382-2600 382-2644 b'ohnson(a~marana.com Ryan Benavides 11555 W. Civic Center Drive, Marana, AZ 85653 382-2600 382-2640 rbenavidesCa~marana.com IGA RTA Page 9 of 12 Tangerine/Thornydale 080716 Regional Transportation Authority of Pima County Exhibit A 9 Name: Mailing Address: Telephone Number: Fax. Number: Email Address: Map of Project Limits Attached? Project Budget (current year dollars) _ cgill@marana.com 10 Narrative Description of Project Scope, including improvements to be made and project intent (discuss how project will address problematic areas) 11 Total maximum amount of Authority funding allowed for the Project or Project Component under this Exhibit: 12 13 Corrina Gil 11555 W. Civic Center Drive, Marana, AZ 85653 382-2600 382-2640 Attached The Town of Marana proposes aright-turn bay on northbound and southbound Thornydale Road to mitigate congestion at this intersection due to increased traffic along Thornydale Road from growth within Marana, Oro Valley and Pima County, and provide a higher measure of safety for those vehicles traveling into the intersection. The right-turn bays will be constructed on Northbound and Southbound Thornydale Road for motorists turning east and west onto Tangerine Road. It will involve paving, grading, and minor traffic signal work. $350,000 Outsourced In-House Total Planning $0 Design $0 Right of Way $0 Construction $330,000 $20,000 $350,000 Project Management $0 EnvironmentallOther $0 Total Project Budget (all funding sources): $330,000 $20,000 $350,000 Project Budget by Funding Source RTA Non-RTA Total Planning $0 Design $0 Right of Way $0 Construction $350,000 $350,000 Project Management $0 Environmental/Other $0 Total Project Funding (must equal no. 11) $350,000 $0 $350,000 IGA RTA Page 10 of 12 Tangerine/Thornydale 080716 Regional .Transportation Authority of Pima County Exhibit A 14 Funding Sources (current year dollars): RTA STP 12.6 Funds 2.4 Funds Impact Fees Bond Funds General Fund Fare Box Revenue FTA Funds Other. Total Funding Sources (must equal no. 11): $350,000 $350,000 15 Identify other project components not covered by this agreement (if any): None 16 Estimated construction start date and duration of construction: 17 Expected Reimbursement Schedule: January February March April May June July August September October November December September 2008, Three months Fiscal Year 2008-2009 $100,000 $150,000 $100,000 Fiscal Year Fiscal Year IGA RTA Page 11 of 12 Tangerine/Thornydale 080716 Regional Transportation Authority of Pima County Exhibit A -Map ~~ ,` _ ,~, ' . -_-' ~ 11 IL' ~ ~ ~~ _ J _ _ Y is ~ J J +Y .. ~_ _-Saar .>.- ,a - ~ -f L - _ - - . - ~ 4:. K ~ _ - ~ ~ - A ~. - ~~,, G~ ~ ~ I ~ ~ ; ~ ; ~ L ~ f L -; _ :., ,; ti, ::, ~~ _ ,,; ;, - ~; ~, r. F- 1, ~ ~ . ~~,, ~, '.. 4 J r 2' ry. ~' 4"1 f i '.-I _ ~ ~~ a, ~~ E- H ` ~ -~ ` ,--~ u 'J - L=~ .,.gal J ~°`''=~?'I W t i r. f ~i -Q ~ i K' .r. t+ 1~ 4 ~. ~ • ~ T ~ 4 f ~ y~ v ~ * o _ ~. ~, ~i ~ •: l . a al' t1-,r, ~ yf? Ii ra ti } ~ r~ ~ 1 `~ ~ 1t~ ,d ,~ ,~ ~~ .~~ ~~ Ij u ar~eYw ~ f5 Y t7~J ~~il~ ~ ] i'd' 'd it + [s] -' { ~ ~ - ;,~: ~ '~'rV. ~i~ 4 ty '~ n L . ~ 7~" .{ 4:-, ~+ Y 1 - r 1Y x~ ~ 4. ~ y' ~ + rs./~ - -fi > ` ~'. g ~y. r ' ~' ~ ~ '~ v~ r ~ ~ } ' _ !J~IV Q ~~E~ O S.1 -y . N~ 9S b IGA RTA Page 12 of 12 Tangerine/Thornydale 080716 ((~wN OF TOWN COUNCIL 1 ~~ MEETING TOWN OF MARANA 9 MARANA ~ INFORMATION gk1ZONP MEETING DATE: August 5, 2008 AGENDA ITEM: I.3 TO: MAYOR AND COUNCIL FROM: T. VanHook, Community Development Director SUBJECT: Resolution No. 2008-99: Relating to Parks and Recreation; approving and authorizing full execution of grant agreement #CCG 08-006 with the Arizona State Forestry Division for funding under the Community Challenge Grant program to support activities related to the Marana Tree Inventory. DISCUSSION The Arizona State Forestry Department has granted the Town of Marana $12,000 through the Urban Forest/Community Challenge Grant Program to support Marana's tree inventory. The grant requires matching funds equaling the grant amount. Funds from the Parks and Recreation regular maintenance budget are programmed, in part, for the tree inventory and will meet the required match. In addition, volunteer hours used to support the inventory will count as match allowing Marana's contribution to the project to far exceed the requirements outlined in the agreement. The Town of Marana is designing a comprehensive tree management strategy. The goals of the strategy are: (1) the adoption of a proactive tree ordinance; (2) identification of funding for urban forest management; (3) creation of a citizen tree advisory board, (4) the implementation of a tree management plan; and (5) implementation of a public education program. In order to meet the goals established in the comprehensive tree management strategy,. the Town will complete a tree inventory to assess our urban forest resources to develop a clear picture of the assets and needs of the community and establish a base line for evaluation. The inventory will include a comprehensive catalogue of trees in developed public spaces and rights of way. A professionally designed inventory instrument will be created in collaboration Marana's Parks and Recreation and Planning Departments and designed to suit the unique needs of the community. The inventory will provide information on the species, location, approximate age, health and condition, and irrigation information. Missing trees and planting opportunities will also be noted as part of the inventory. Field inventories will be checked against satellite imagery available from the G.I.S. Division, as well as field follow-up verified by the consultant. Once the inventory is collected, the consultant will work with the Town of Marana's G.I.S. Division to produce maps and tables to be included in the final document. 7/29/2008 Inventory data will be compiled in an ArcView data base associated as a layer on the Towns G.I.S. mapping service. Data input and G.I.S. coordination will be the charge of Parks and Recreation office support personnel The finished Tree Inventory Project product will be a digital inventory accessible by Town staff through the Town's computer system. Information will also be available to land planners,.. developers, and contractors or service providers working in the Town of Marana or having contact with the public portion of the Marana urban forest. RECOMMENDATION Staff recommends approving and authorizing full execution of the grant agreement with Arizona State Forestry Division. SUGGESTED MOTION I move to approve Resolution No. 2008-99. -2- MARANA RESOLUTION N0.2008-99 RELATING TO PARKS AND RECREATION; APPROVING AND AUTHORIZING FULL EXECUTION OF GRANT AGREEMENT #CCG 08-006 WITH THE ARIZONA STATE FORESTRY DIVISION FOR FUNDING UNDER THE COMMUNITY CHALLENGE GRANT PROGRAM TO SUPPORT ACTIVITIES RELATED. TO THE MARANA TREE INVENTORY. WHEREAS, the Arizona State Forestry Division is offering funding for urban Tree Programs under the Community Challenge Grant program;. and WHEREAS, the Town of Marana understands the vital roll of urban forests and the need to promote trees as part of community infrastructure; and WHEREAS, the Marana Parks and Recreation Department is working to complete a public space and right of way tree inventory as part of a comprehensive tree management strategy; and WHEREAS, the Arizona State Forestry Division has granted the Town- $12,000 pursuant to the Cooperative Forestry Assistance Act of 1978 to support the tree inventory; and WHEREAS, grant funding will allow Marana's Parks and Recreation Department to complete the tree inventory. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, the Town Manager is authorized to submit the fully execute Grant Agreement #CCG 08-006 with the Arizona State Forestry Division. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 5th day of August, 2008. ATTEST: Mayor Ed Honea APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney SOW N OF TOWN COUNCIL MEETING TOWN OF MARANA 9 MakArv,n ; INFORMATION gk11UNP MEETING DATE: August 5, 2008 AGENDA ITEM: L 4 TO: MAYOR AND COUNCIL FROM: T. VanHook, Community Development Director SUBJECT: Resolution No. 2008-100: Relating to Community Development; granting $5,000 in discretionary funding to the Community Food Bank, Inc., an Arizona 501(c)(3) non-profit organization, to support Marana Food Bank programs for Marana senior citizens, youth, and families. DISCUSSION The Marana Food Bank (MFB) has been in operation since 1977 serving individuals and families in need of food. A large number of low income Marana families receive monthly food boxes to meet supplement basic nutritional needs. MFB's mission is to "meet the needs of the hungry in the town of Marana". The MFB offers two programs serving Marana, Emergency Food Boxes and Food Plus. Emergency Food Boxes are provided on a walk-in or referral basis. Food Plus is a monthly high- nutrition food box program serving postpartum mothers, children ages 1-6, and seniors. Most of MFB's clients live close to poverty level. As fuel and food costs rise and wages stagnate, the need for supplemental food boxes has. risen. Over the last year food distribution has increased from 14,251 boxes (May 31, 2007) to 24,121 (May 31, 2008). The total number of unduplicated persons served during FY 08-09 was 4,865, up more. than 1,200 from the previous year. Funding is being requested to support transporting food to and from .the MFB for acquisition and distribution to the Marana community. RECOMMENDATION Staff recommends granting $5,000 in Discretionary Funding to the Marana Food Bank to support the Emergency Food Box and the Food Plus programs in providing food for Marana families. SUGGESTED MOTION I move to approve Resolution No. 2008-100. 7/29/2008 MARANA RESOLUTION N0.2008-100 RELATING TO COMMUNITY DEVELOPMENT: GRANTING $5,000 IN DISCRETIONARY FUNDING TO THE COMMUNITY FOOD BANK, INC., AN ARIZONA 501(C)(3) NON- PROFIT ORGANIZATION TO SUPPORT MARANA FOOD BANK PROGRAMS FOR MARANA SENIOR CITIZENS, YOUTH, AND FAMILIES. WHEREAS, the Town of Marana has established a Discretionary Fund to support local non-profit organizations forwarding the priorities set by Mayor and Council; and WHEREAS, Mayor and Council recognizes the need to promote programs that encourage services for senior citizens, support youth and families, and encourage volunteerism; and WHEREAS, Marana Food Bank is a branch of the Community Food Bank, Inc., a community-based non-profit organization is providing programming to offer food to older citizens, new mothers, young children, and families throughout the community; and WHEREAS, Marana Food Bank has established an Emergency Food Box and the Food Plus programs that provide delivery of sixty-pound box of nutritious food on a monthly basis to senior citizens and families with young children in the Town of Marana; and WHEREAS, Mayor and Council find that granting the Discretionary Funding from Fiscal Year 2008-2009 as set forth in this Resolution is in best interest of the citizens of Marana. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, to grant the Marana Food Bank $5,000 from the Discretionary Fund to support the distribution of Emergency Food Box and the Food Plus programs in providing food for Marana families. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 5th day of August, 2008. ATTEST: Mayor Ed Honea APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney <~WN OF TOWN COUNCIL MEETING TOWN OF MARANA 9 MARANA ~ INFORMATION ~~ gki[uhP MEETING DATE: August 5, 2008 AGENDA ITEM: I.5 TO: MAYOR AND COUNCIL FROM: ,Keith Brann, P.E., Assistant Director of Public Works SUBJECT: Resolution No. 2008-101; Relating to Real Estate; authorizing the acquisition by negotiation or condemnation of lands and property rights needed for Honea Heights. Pavement Rehabilitation, Town of Marana Project No. 2003-14 DISCUSSION The Town needs to acquire additional rights-of--way, easements and other property rights for construction of Honea Heights Pavement Rehabilitation, Town of Marana Project No. 2003-14. The Town will retain an independent fee appraiser to appraise the properties, and Town staff will negotiate the purchase of the needed lands and property rights for their appraised value. This resolution authorizes Town staff to execute all documents necessary to acquire the needed lands and property rights for their appraised value as determined by the independent fee appraiser. This resolution authorizes the Town Attorney to begin condemnation proceedings to acquire the needed lands and property rights if staff is unsuccessful in negotiating their purchase. Town staff will make every reasonable effort to .avoid referring acquisitions to the Town. Attorney for condemnation action. FINANCIAL IMPACT STATEMENT The range estimates for the costs ofright-of--way acquisition are $15,000 to $75,000 and are within the project budget. RECOMMENDATION Staff recommends Mayor and Council authorize acquisition by negotiation or condemnation of lands and property rights needed for Honea Heights Pavement Rehabilitation, Town of Marana Project No. 2003-14. SUGGESTED MOTION I move to adopt Resolution 2008-101.. MARANA RESOLUTION N0.2008-101 RELATING TO REAL ESTATE; AUTHORIZING THE ACQUISITION BY NEGOTIATION OR CONDEMNATION OF LANDS AND PROPERTY RIGHTS NEEDED FOR THE HONEA HEIGHTS PAVEMENT REHABILITATION, TOWN OF MARANA PROJECT N0.2003-14. WHEREAS, the Town of Marana needs to acquire certain rights-of--way, easements and other property rights to construct the improvements required for Honea Heights Pavement Rehabilitation, Town of Marana Project No. 2003-14 (all of which interests in real estate are collectively referred to as the "Needed Property"); and WHEREAS, the Mayor and Council of the Town of Marana find that the acquisition of the Needed Property is necessary for the public health, safety and welfare of the citizens of Marana. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. Town staff is hereby authorized and directed to negotiate the Town's acquisition of the Needed Property for its fair market value as determined based on an independent fee appraisal. Section 2. Town staff is hereby authorized to execute on the Town's behalf any and all .documents necessary to acquire the Needed Property for its fair market value as determined based on an independent fee appraisal. Section 3. If Town staff is unable to acquire the Needed Property by negotiation, the Town Attorney is hereby authorized and directed to bring an action under the power of eminent domain to acquire the Needed Property for just compensation as determined by the court or jury. 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, obligations, and objectives of the Honea Heights Pavement Rehabilitation Project. PASSED AND ADOPTED BY THE MAYOR AND COUNCII, OF THE TOWN OF MARANA, ARIZONA, this 5th day of August, 2008. ATTEST: Mayor Ed Honea APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney ~nwN n~ TOWN COUNCIL MEETING TOWN OF MARANA 9 n~Aaar,a ; INFORMATION gRIZUyP MEETING DATE: August 5, 2008 AGENDA ITEM: L 6 TO: MAYOR AND COUNCIL FROM: Frank Cassidy, Town Attorney SUBJECT: Ordinance No. 2008.16: Relating to Administration; amending Title 1 ("General") of the Marana Town Code to authorize the Town Attorney and Town Clerk to correct certain scrivener's er- rors in the Town Code and ordinances and resolutions adopted by the Town Council; adding Section 1-4-5; and designating an effec- tive date. DISCUSSION This item is proposed in order to authorize the Town Clerk or the Town Attorney to make certain types of clerical corrections to ordinances and resolutions without the need for the original ordi- nance or resolution to be returned to the Town Council for action. Under this proposed ordi- nance, when the Town Clerk or Town Attorney exercises the authority granted by this ordinance, a scrivener's notation would be made on the corrected ordinance or resolution, or in the case of the Town Code, within the Town Code itself, identifying the nature of the correction. A recent example of the proposed use of this authority is in the adoption of Marana Ordinance No. 2008.08, which added a new Section 12-2-12 relating to speed limits and areas undergoing roadway construction. When that Section was added, a penalty provision found later in the same chapter of the Town Code was renumbered, and across-reference to the new penalty provision in Section 12-2-15, paragraph C, was then inadvertently missed. This new scrivener's error author- ity would authorize the Town Clerk or the Town Attorney to correct the cross-referencing error that was inadvertently missed by Ordinance No. 2008.08 without having to take a new ordinance back to the Town Council for adoption. RECOMMENDATION Staff recommends adoption of Ordinance No. 2008.16, authorizing the Town Clerk or the Town Attorney to make scrivener's errors. corrections. FINANCIAL IMPACT None SUGGESTED MOTION I move to adopt Ordinance No. 2008.16. {00010324.DOC /} FJGCds 7/21 /08 MARANA ORDINANCE N0.2008.16 RELATING TO ADMINISTRATION; AMENDING TITLE 1 ("GENERAL") OF THE MARANA TOWN CODE TO AUTHORIZE THE TOWN ATTORNEY AND TOWN CLERK TO CORRECT CERTAIN SCRIVENER'S ERRORS IN THE TOWN CODE AND. ORDINANCES AND RESOLUTIONS ADOPTED BY THE TOWN COUNCIL; ADDING SECTION 1-4-5; AND DESIGNATING AN EFFECTIVE DATE. WHEREAS the Town Council finds that granting the Town Attorney and the Town Clerk the authority to correct certain types of scrivener's errors without the need for Town Council ac- tion is in the best interests of the Town, in that it will allow for the prompt correction of the Town Code and of ordinances and resolutions adopted by the Town Council without the need to take unnecessary Town Council and staff time to make a formal correction. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. Title 1 of the Marana Town Code is hereby revised by amending Chap- ter 1-4 to add `; SCRIVENER'S ERRORS" to the end of the chapter title and to add Sec- tion 1-4-5, as follows: Section 1-4-5 AUTHORITY TO CORRECT SCRIVENER'S ERRORS A. The town attorney and town clerk are hereby each individually. authorized to correct scrivener's errors in the town code and in ordinances and resolutions adopted by the council without the need for re-adoption of the town code pro- vision, ordinance or resolution. B. For purposes of this section, a scrivener's error includes one or more of the following: 1. Misspelling. 2. Grammatical error. 3. Numbering error. 4. Cross-referencing error. 5. Inconsistency with the rules of style adopted for the reformatted town code. C. A scrivener's error correction made under the authority granted by this section shall be documented as follows: 1. A correction to the town code shall be noted with the explanatory and his- torical notes in the right-hand margin of the town code. 2. A correction to an ordinance or resolution shall be accompanied by a scrivener's note on or attached to the corrected ordinance or resolution. {00010086.DOC /} - 1 - 7/7/2008 123 PM FJC SECTION 2. This Ordinance shall become effective on the 4th day of September, 2008. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 5th day of August, 2008. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town -Clerk Frank Cassidy, Town Attorney {00010086.DOC /} - 2 - 7/7/2008 1:23 PM FJC `nWN pR, TOWN COUNCIL MEETING TOWN OF MARANA 9 Ma,Fla,Nn ; INFORMATION ~`~" gRIZUNP MEETING DATE: August 5, 2008 AGENDA ITEM: J. 1 TO: MAYOR AND COUNCIL FROM: Jocelyn C. Bronson, Town Clerk SUBJECT: Resolution No. 2008-102: Relating to Mayor and Council; authorizing an alternative date for the August 19, 2008 Council meeting DISCUSSION Pursuant to Chapter 2, Mayor and Council, section 2-4-1, the Council may change the date of a meeting which falls on a holiday or election day, or convene a regular or special meeting as necessary. As the August 19, 2008 meeting falls on the first day of the Arizona League of Cities and Towns annual conference, Council may elect to cancel the August 19, 2008 meeting, or to reschedule it to August 12. Staff has prepared two resolutions for possible adoption, one to eliminate the August 19, 2008 meeting and one to reschedule the August 19, 2008 meeting to August 12, 2008. RECOMMENDATION Mayor and Council's pleasure. SUGGESTED MOTION 1) I move to approve Resolution No. 2008-102, changing the date of the August 19, 2008 Council meeting to August 12, 2008; or 2) I move to approve Resolution No. 2008-102, cancelling the August 19, 2008 Council meeting. MARANA RESOLUTION N0.2008-102 RELATING TO MAYOR AND COUNCIL; AUTHORIZING AN ALTERNATIVE DATE FOR THE AUGUST 19, 2008 COUNCIL MEETING. BE IT RESOLVED BY THE MAYOR AND .COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. The Town Code Title 2 (Mayor and Council), chapter 2-4-1(A) relating to Council Procedure, permits, with adequate notice to the public, changing the date of a regular meeting. SECTION 2. The date of the second regular Council meeting in August 2008 falls on the first day of the Arizona League of Cities and Towns' annual conference. . SECTION 3. It is in the best interests of the citizens of Marana to hold the second regular meeting in August on August 12, 2008. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 5th day of August, 2008. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney JCB/7/28/2008/2:32:22 PM MARANA RESOLUTION N0.2008-102 RELATING TO MAYOR AND COUNCIL; AUTHORIZING AN ALTERNATIVE DATE FOR THE AUGUST 19, 2008 COUNCIL MEETING. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. The Town Code Title 2 (Mayor and Council), chapter 2-4-1(A) relating to Council Procedure, permits, with adequate notice to the public, changing the date of a regular meeting. SECTION 2. The date of the second regular Council meeting in August 2008 falls on the first day of the Arizona League of Cities and Towns' annual conference. SECTION 3. It is in the best interests of the citizens of Marana to cancel the second meeting in August 2008, and hold one regular meeting on August 5, 2008. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 5th day of August, 2008. Mayor Ed Honea ATTEST: Jocelyn C. Bronson,. Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney JCB/7/28/2008/2:34:43 PM ~pW N OF TOWN COUNCIL MEETING TOWN OF MARANA 9 `MArtArv~~ ; INFORMATION gRituNr MEETING DATE: August 5, 2008 AGENDA ITEM: J. 2 TO: MAYOR AND COUNCIL FROM: Jane Fairall, Deputy Town Attorney SUBJECT: Ordinance No. 2008.17: Relating to Animal Control; amending Title 6 sections 6-2-8, 6-2-9 and 6-2-12 of the Marana Town Code to establish new dog licensing fees, delinquency penalties, license transfer fees and duplicate tag fees; and designating an effective date. DISCUSSION The Town of Marana has an intergovernmental agreement (IGA) with Pima County for the pro- vision of animal control services within the Town limits and the enforcement of the Marana Town Code Animal Control provisions (Title 6). As a part of this IGA, Pima County Animal Control collects license fees for animals within the Town and applies those fees to the County's actual costs to provide animal control services for the Town. Recently, the. Town Manager re- ceived aletter from the Pima Animal Care Center (copy attached), requesting that the Town adopt new fees for dog licenses, delinquent penalties, duplicate tags and license transfers. The Pima County Board of Supervisors adopted these new fees for animals within the County effec- tive August 1, 2008. The proposed fee hikes are modest. Most of the fees would only be raised. by $1.00. The biggest increase is for licensing of unaltered and vicious dogs. Each of these fees would increase by $5.00. ATTACHMENTS July 2, 20081etter from Pima Animal Care Center RECOMMENDATION Staff recommends adoption of Ordinance No. 2008.17, amending the- Town Code to establish new licensing fees. SUGGESTED MOTION I move to adopt Ordinance No. 2008.17. (00010303.DOC/f JF 7/18/08 MARANA ORDINANCE N0.2008.17 RELATING TO ANIMAL CONTROL; AMENDING TITLE 6 SECTIONS 6-2-8, 6-2-9 AND 6-2-12 OF THE MARANA TOWN CODE TO ESTABLISH NEW DOG LICENSING FEES, DELINQUENCY PENALTIES, LICENSE TRANSFER FEES AND DUPLICATE TAG FEES; AND DESIGNATING AN EFFECTIVE DATE. WHEREAS the Town Council is authorized by A.R.S. § 9-240 to adopt animal control regulations; and WHEREAS the Town. Council finds that the animal control regulations established by this ordinance are necessary for the public health,. safety and general welfare of the Town of Marana. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. Section 6-2-8 of the Marana Town Code is hereby revised as follows (with deletions shown with str~il~eeut~s and additions shown with double underlininal: Section 6-2-8 License fees; rebate; exemptions; delinquency penalties A. No dog license shall be issued by the town enforcement agent until the dog owner has paid a license fee, as follows: T e Standard Fee Senior/Disabled Fee Unaltered dog $4§ 50 ~ 14 Altered dog ~ 12 ~~ Dog declared vicious, destructive and/or dangerous ~ 80 ~ 80 B. Any person who presents to the. town enforcement agent an affidavit or veterinarian's certificate stating either that the dog is already altered, that the dog is at least ten years old, or that the dog cannot be altered for health. reasons, shall be eligible for the altered dog fee.. C. Any person 65 years of age or older shall be eligible for the senior citizen license fee. The town enforcement agent shall establish reasonable standards of proof for eligibility. No more than four dogs per household shall be licensed at the senior citizen. rate. D. Any person who presents to the town. enforcement agent a statement from a qualified health care professional certifying that the person has a disabling condition as defined by the Americans with Disabilities Act shall be eligible for the disabled citizen license fee. {00010304.DOC /} - 1 - JF 7/18/08 E. Any person who has paid the license fee for an unaltered dog who, during the license year, presents to the town enforcement agent a statement from a veterinarian certifying that the licensed animal has been altered shall be entitled to a rebate. The rebate shall be the difference between the fee paid and the fee for an altered dog. F. Guide dogs for the blind, hearing ear dogs for the deaf and certified "handi- dogs" shall be licensed without payment of the license fee. G. Any person who fails to license a dog when the dog reaches three months of age or who fails to pay a license fee upon expiration of a license previously issued under-this chapter, shall be charged a delinquent penalty. If the license application is made more than 30 days after the due date, but within one year of the due date, a delinquent penalty of $6~ shall be added to the license fee. If the license application is made more than one year after the due date, but less than two years after the due date a delinquent penalty of $~~$ shall be added to the license fee. If the license application is made two or more years after the due date, a delinquent penalty of $~~Q shall be added to the license fee. SECTION 2. Section 6-2-9 of the Marana Town Code is hereby revised as follows (with deletions shown with ~*w~ and additions shown with double underlinins?): Section 6-2-9 Transfer of license; fee;. classification; sanction A. Whenever the ownership of a dog changes, the new owner shall secure a transfer of the dog's license. B. The releasing owner shall provide the new owner's name, address and phone number and the dog's age, sex and license number to the town enforcement agent within ten days of transfer. C. A transfer fee of $6~Z shall be charged to transfer any license. D. Failure to comply with this section is a civil infraction. E. Any person found responsible for violating this section shall be sanctioned by a fine of not. more than $300. F. Any individual having received a notice of violation and failing to appear at the hearing time designated in the notice of .violation, or time designated for hearing by the court, shall be deemed to have admitted the allegations of the complaint, and the court shall enter judgment for the town and impose a civil sanction in accordance with the provisions of this section. G. If any penalty ordered to be paid by the court or forfeited pursuant to default is not paid within 30 days of the magistrate's order, the town attorney may institute appropriate civil proceedings seeking legal and/or equitable relief to enforce the order, and the magistrate may institute judicial proceedings as provided by law to collect the penalty. All penalties collected pursuant to this section. shall be paid to and become the property of the town. {00010304.DOC /} - 2 - JF 7/18/08 SECTION 3. Section 6-2-12 of the Marana Town Code is hereby revised as follows (with deletions shown with ~*ri~~s and additions shown with double underlining): Section 6-2-12 Duplicate tags, fee Whenever a dog license tag is lost, a duplicate tag will be issued upon application by the owner and the payment of $6~Z to the town enforcement agent. SECTION 4. This Ordinance shall become effective on the 5th day of September, 2008. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 5th day of August, 2008. ATTEST: Jocelyn C. Bronson, Town Clerk Mayor Ed Honea APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00010304.DOC /} 3 JF 7/18/08 ~~~~i`''/°F s~+I~R 03~ ~n~d w ~z N~ o~b July 2, 2008 Michael A. Reuwsaat, Town Manager Town of Mazana 11555 W. Civic Center Drive Marana, AZ 85653 Dear Mr. Reuwsaat, ~j` On July 1, 2008 at its regularly scheduled meeting, the Pima County 13oazd of Supervisors considered and adopted the following fee changes for licensing fees to become effective August 1, 2008 in unincorporated Pima County. . un Licensin Schedule Current Pro osed Multi-Do (Kennel Livens $225.00 $300.0 License Altered S $7.0 $8.00 License Alte $11.0 $12.00 License Unaltered S $13.0 $14.0 License Unalter $45.0 $50. License Altered (low income $6.0 $ 6. License Unaltered ow income one time er do $22.0 $22.0 License do 10 ears of a e or older $11.0 $12.0 Canine Wild Animal P $10.0 $12. D licate Li $6.0 $ 7. Canine Wild Animal D licate Liven $5.00 $ 7.0 Transferred Licens $6.0 $ 7.0 Vicious/D ero $75.0 $80.0 ate Fee Schedule Late Fee if Obtained Less Than One Year Late $6. $ 7.0 Late Fee if Obtained One-Two Years La $17. $18. Late Fee if Obtained More Than Two Years Late $28.0 $30. PIMA COUNTY HEALTH DEPARTMENT PIMA AS~TIMAL CARE CENTER 4000 N. SILVERSELL RD ~ TUCSON, AZ 85745 (520) 243-5900 FAX (520) 243-5954 www.uimaanimalcare.or~ ~ ~ ~ ~ ', r ~ ~ _ ~ ~r ~ ~s i ~~ ~ ~ *NOTE: Financial figures presented for FY 2007-08 are based on current year statistics, projected through the end of the Sscal year Population statistics were taken from the Pima. Association of Governments web site. Summary of PACC Expenses and Revenue: FY 2005-06 through FY 2007-08 The table below shows an overall summary of total PACC expenses paid and revenue earned. FY Expenses Revenues % of Expenses Covered Revenue Variance 2005-06 Bud ed $4 187,783 $3 000 776 Coun ro"acted to cover $1,187,007 Actual $4,364,739 $3,459,041 79% Coun actuall covers $905 698 4% over IS% over 24% less 2006-07 Bud etcd $4,710;867 $3,157,841 Co ro'ected to cover $1,553 026 Actual $4,941 981 $3 75 092 669/o Coun actuall covers $1,666,889 5% over 4% over 7% more 200?-08 Bud tad $4,833 917 $3,257 841 Coun ro"ected to cover $1,576,076 Actual* $5 653 898 $3,989,825 71% Co ma actuall cover $1,664,073 17% over 22% over 6% more Revenue Summary by Jurisdiction: FY 2005-06 through FY 2006-07 With regard to revenue earned from constituents and municipalities, PACC continues to collect revenue as needed to pay for services in the respective jurisdictions, as shown in the table below. Unincorporated Manna Oro Vall Sahuarita South Tucson Ci of Tucson Pima Co FY 2005-06 Po ulation 26,725 39 400. 13 900 5 630 529,770 342,120 Expense-Total $49,553 $44,022 $23,245 $22,247 $2,359,423 $1,866,249 Per Ca ita 1.85 1.12 1.67 3.95 4.45 5.45 Revenue from Constituents $35,124 $41,026 $21,842 $2,828 $1,019,722 $932,262 Per C ita 1.31 .1.04 1.57 0.50 1.92 2.72 Subsidy from Municipality $14,429 $2,996 $1,403 $19,419 $1,339,701 $933,987 Per C ita 0.54 0.08 0.10 3.44 2:53 2.73 Unincorporated Manna Oro Valle Sahuarita South Tuason Ci of Tucson Pima Coun FY 2006-07 Po lation 32274 42,551 21,110 5,803 541132 360,365 Expense-Total $32,620 $30,775 $21,729 $21,098 $2,614,238 $2,221,521 Per Ca ita 1.01 0.72 1.03 3.64 4.83 6.16 Revenue from $39,144 $38,185 $21,686 $2,873 $1,082,501. $911,322 .Constituents 1.2! 0.90 1.03 0.50 2.00 2.53 Per Ca ita ' SubsIdyfrom ($6,524) ($7,412) $43 $18,225 $1,531,737 $1,310,199 Municipality 0.00 3.14 2.83 3.64 Per Ca ita Summary of Key Expenses: FY 2005-06 through FY 2007-08 While striving to fulfill the National Animal Control Association's recommendations delineated in the January 2006 "Pima Animal e r gr v on ep ers rp mus o con cos n o e y, some expense ca egones are mare difficult to manage without compromising public services and/or the well-being of staff and animals under PACC's care. This is especially difficult given the aging facilities which require high maintenance costs. Specifically, PACC has incurred the following .~harses, with limited-ab;,it3r-te sea~rel tkr~est ~, FY 2005-06 FY 2006-07 FY 2007-08 Increase Over 2 Years # Full Time Employees 67.5 72.5 76.3 8.8 13% Salaries & Wages $1,996,905 $2,351,230 $2,552,885 $ 555,980 28% Overtime $ 169,937 $ 160,582 $ 188,455 $ 18,518 11% Holiday Pay $ 51,345 $ 50,517 $ 57,009 $ 5,664 11% Benefits $ 645,733 $ 796,194 $ 850,991 $ 205,258 32% Sub-total $2,863,920 $3,358,523 $3,649,340 $ 785,420 27% Repair & Maintenance: Buildings & Grounds $ 28,211 $ 48,456 $ 160,411 $ 132,200 469% Machinery & Equipment $ 8,084 $ 10 897 $ 18,013 $ 9,929 123% Sub-total $ 36,295 $ 59,353 $ 178,424 $ 142,129 392% Telephone/Voice/Data $ 44,960 $ 39,72b $ 58,473 $ 13,513 30% Motor Pool $ 187,284 $ 211,572 $ 253,185 $ 65,901 35% Rate/Mile: Pick-up Truck $0.449/mile $0.495/mile $0.712/mile $0.263hmile 59% Utilities: Natural Gas $ 20,292 $ 17,584 $ 27,749 $ -7,457 37% TOTALS $3,152,751 $3,686,758 $4,167,171 $1,014,420 32% Closing the Gap• Proposal to Raise Fees Associated with Licensing Dogs Two mechanisms remain to reduce jurisdictional subsidy include: • Continue controlling expense without compromising public, staff or annnal safety • Raise fees To identify how to close the gap between PACC's expense and revenue, the current fee structure was reviewed. Of all fees charged by PACC, licensing dogs generates the most income, accounting for nearly 60% of fees generated. The table below provides benchmark indicators of fees charged for dno lirenars in Ari~nna Maricopa County Pinal County Yuma County Pima County Do license-sterile $16 $12 $13 ~ $11 Do Iicense-unaltered $40 $20 $25 $45 Do license for Sr Citizen $ 6 $ 6 n/a $ 7 Additionally, since the last license fee increase of Apri12007, licenses sold have increased by approximately 10%. Therefore, staff projects that a nominal increase in licensing fees will not negatively impact licensing compliance while offsetting the ever increasing expenses incurred. providing the necessary health and safety services. Based on current licenses processed, staff projects an additional $1•,940 um annual Martina revenue could be collected from the proposed licensing fee increases. (See the table below J # Licensed Animals Revenue Increase Jurisdiction Altered Unaltered Altered Unaltered Late Fees Total Martina 1400 60 $1,400 $300 $240 $1940 Pima Coun 47739 4967 $47 739 $24,835. $5 840 $78,414 Sahuarita 970 20 $970 $100 $120 $1 190 Tucson 45677 5253 $45,677 $26 265 $6,200 $78,142 TOTAL $162 510 Sliould you have any questions, please have staffcontact me directly at 243-5908 or by email at kim.janesC~nunaeov. Sincerely, F. Kim lanes, Manager _ `nWN pR' TOWN COUNCIL ~ MEETING TOWN OF MARANA q MARANA ~ INFORMATION gk1ZON1` MEETING DATE: August 5, 2008 AGENDA ITEM: J. 3. a. TO: MAYOR AND COUNCIL FROM: John A. Huntley, Building Official SUBJECT: Ordinance No. 2008.18: Relating to Building; adopting by reference the 2008 Marana Outdoor Lighting Code; amending Marana Town Code Section 7-1-2; repealing Title 18 of the Marana Land Development Code; and declaring an emergency. DISCUSSION This item was presented to Council on June 17, 2008. The greater Tucson region of Southern Arizona is considered a premier location for astronomical observation and enjoyment of the dark desert night sky. There are several astronomical observation locations within our region, including Kitt Peak, Mount Hopkins and the Catalina Mountains. Protection of our unique desert environment with its dark night sky, as well as minimization of wasted energy through adoption of a comprehensive outdoor lighting code is a high priority within this region, and for the Town of Marana. All governmental jurisdictions within the greater Tucson region have adopted outdoor lighting codes. Over time, these codes have been modified, improved and altered to address issues related to an ever-changing outdoor lighting industry as well as outdoor lighting technological advances. .The existing Town of Marana Outdoor Lighting Code was adopted in 2003 and revised in December of 2004. The time has come to update this existing code to include provisions addressing the need for appropriate commercial and residential landscape lighting, the illumination of outdoor display lots, as well as changes in the sign lighting requirements to reflect new industry standards. It is the intent of this code to control the obtrusive aspects of excessive and careless lighting while preserving, protecting and enhancing the lawful nighttime use and enjoyment of both commercial and residential properties. Nighttime safety has been considered during the decision making process for every code provision. This newly updated version of the Town of Marana Outdoor Lighting Code incorporates .well vetted and established requirements, similar to those found within the lighting codes of other jurisdictions, and is designed in the standard international code forma. The new format is far easier to read and interpret; and represents a substantial benefit to designers, engineers, plan reviewers and field inspectors. This thoroughly modern, inclusive and user-friendly code will support environmentally sustainable, safe and enjoyable- commercial and residential outdoor lighting within the Town for years to come. {00010345.DOC/2} The current code exists as Title 18 of the Town's Land Development Code and is also adopted by reference in Chapter 7-1 of the Marana Town Code, which contains the Town's building. codes. Analysis of tihe enforcement, approval and interpretation components of the outdoor lighting code seem to indicate that it is better suited to exist as a part of the Town's building codes. Thus, it is proposed that the Land Development Code should be amended, repealing Title 18. RECOMMENDATION Staff recommends adoption of the proposed code revisions. ATTACHMENT Town of Marana Outdoor Lighting Code. SUGGESTED MOTION I move to approve Ordinance No. 2008.18. {00010345.DOC / 2} - 2 - 7/24/2008 12:53 PM JH/JF/FC MARANA ORDINANCE N0.200818 RELATING TO BUILDING; ADOPTING BY REFERENCE THE 2008 MARANA OUTDOOR LIGHTING CODE; AMENDING MARANA TOWN CODE SECTION. 7-1-2; REPEALING TITLE 18 OF THE MARANA LAND DEVELOPMENT CODE; AND DECLARING AN EMERGENCY. WHEREAS the Town is authorized by A.R.S. § 9-467 to require building permits; and WHEREAS the Town is authorized by A.R.S. § 49-1106 to adopt provisions restricting light pollution which are equal to or more stringent than the provisions of state law; and WHEREAS the Town Council finds that the adoption of the 2008 Marana Outdoor. Light- ing Code is in the best interest of the Town; and WHEREAS the Outdoor Lighting Code is a lengthy document which may appropriately be adopted by reference under A.R.S. § 9-802. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. That .certain document known as the 2008 Marana Outdoor Lighting Code, three copies of which are on file in the office of the Town Clerk of the Town of Marana, Arizona, which was made a public record by and attached as Exhibit A to Resolution No. 2008-103 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. Marana Town Code Section 7-1-2 {"Building codes adopted"), paragraph B, subparagraph 1 is hereby revised as follows (with deletions shown with ~+w~ and additions shown with double underlining): 2. The ~8A~2008 Marana outdoor lighting code. SECTION 3. The following penalty clauses are contained in the 2008 Marana Outdoor Lighting Code; SECTION 107 VIOLATIONS 108.1 Unlawful acts. It shall be unlawful for any person, firm, or corporation to erect, construct, alter, extend, repair, move, remove, install, use or demolish out- {00010347.DOC / 3 } door lighting equipment as regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code. 108.2 Notice of violation The Building Official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, altera- tion, extension, repair, moving, removing, demolition or use of any outdoor light- ing in violation of this code or in violation of a detail statement or a plan approved hereunder, or in violation of a permit issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the. abatement of the violation. The property owner or authorized agent of the owner shall comply with the requirements of the notice of violation or file a notice of appeal in accordance with the provisions of Section 102.9 above within the time period given on the notice for abatement of the violation. 108.3 Enforcement and Penalties, Failure to address a notice of violation in a timely fashion may result in the issuance of a civil citation as provided for in Chapter 5-7 of the Marana Town Code. Such citation shall not excuse the need to correct or abate such violation, or to remove or terminate the unlawful use of out- door lighting in violation of the provisions of this code or of the order or direction made pursuant thereto. Each day a violation continues shall be considered a sepa- rate offense. SECTION 4. The existing Marana Outdoor Lighting Code found in current Marana Land Development Code Title 18 is hereby repealed; provided, however, that this repeal shall not af- fect the rights and duties that matured or penalties that were incurred and proceedings that. were begun before the effective date of the repeal. SECTION 5. If any section, subsection, sentence, clause, phrase or portion of this ordi- nance or any part of the 2008 Marana Outdoor Lighting Code is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, that decision shall not affect the validity of the remaining provisions of the 2008 Marana Outdoor Lighting Code. SECTION 6. 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. adop- tion.. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE. TOWN OF MARANA, ARIZONA, this 5th day of August, 2008. ATTEST: Jocelyn C. Bronson, Town Clerk Mayor Ed Honea APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00010347.DOC / 3 } - 2 - 7/24/2008 CH/JF/FC i• TOWN OF MARANA OUTDOOR LIGHTING .CODE ORDINANCE # TABLE OF CONTENTS i• i• CHAPTER 1 -ADMINISTRATION .....................................................................2 Section 101 Title,- Scope and Purpose 102 Applicability 103 Exemptions 104 Permit, Plan Submission and Inspection Requirements 105 Prohibitions 106 Outdoor Lighting Design Standards 107 Violations CHAPTER 2 -DEFINITIONS .............:...................................................:..........7 Section 201 General 202 Definitions CHAPTER 3 -LIGHTING AREAS .................................................:..................10 Section 301 Description of Lighting Areas CHAPTER 4 -TOTAL OUTDOOR LIGHT OUTPUT, SHIELDING, FIXTURE HEIGHT REQUIREMENTS .........................................................11 Section 401 Total Outdoor .Light Output -Table 401.1 402 ~ Outdoor Light Shielding 403 Fixture Height Requirements CHAPTER 5 -SIGN LIGHTING .......................................................................14 Section 501 Outdoor Advertising Signs CHAPTER 6 -RECREATIONAL FACILITIES ....................................................15 Section 601 Illumination. of Recreational Facilities CHAPTER 7 -OUTDOOR DISPLAY LOT LIGHTING ..........................................16 Section701 Illumination of Outdoor Display Lots. MARANA OUTDOOR LIGHTING AREA MAP .:.....................................:...........17 1 CHAPTER 1 • ADMINISTRATION SECTION 101 TITLE, SCOPE AND PURPOSE 101.1 Title. These provisions shall be known as the Outdoor Lighting Code for the Town of Marana. They shall be cited as such and will be referred to herein as "this code". 101.2 Scope. The provisions of the Town of Marana Outdoor Lighting Code apply to the construction, alteration, movement, enlargement, replacement and installation of outdoor lighting throughout the Town. 101.3 Purpose and intent. The purpose of this code is to preserve the relationship of the residents of the Town of Marana to their unique desert environment through protection of access to the dark night sky. Intended outcomes include continuing support of astronomical activity and minimizing wasted energy, while not compromising the safety, security and well being of persons engaged in outdoor night time activities. It is the intent of this code to control the obtrusive aspects of excessive and careless outdoor lighting usage while preserving, protecting and enhancing the lawful nighttime use and enjoyment of any and all property. It is recognized that portions of properties may be required to be unlit, covered, or have reduced lighting levels in order to allow enough lumens in the lighted areas to achieve light levels in accordance with nationally recognized recommended practices. 101.4 Conformance with codes. All outdoor illuminating devices shall be installed in conformance with the provisions of this code, the building code, the electrical code and the sign code of the authorizing jurisdiction as• applicable and under appropriate permit and inspection. SECTION 102 APPLICABILITY 102.1 General. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between the general requirements and a specific requirement, the specific requirement shall be applicable. 102.2 Other laws. Where any provision of federal, state, county, or city statutes, codes or laws conflicts with any provision of this code, the most restrictive shall govern unless otherwise regulated by law. 102.3 Partial invalidity. If any of the provisions of this code or the application thereof is held invalid, such invalidity shall not affect other provisions or applications of this code which can be given effect, and to this end, the provisions of this code are declared to be servable. 102.4 New uses, buildings, and additions or modifications. All proposed new land uses, developments, buildings, structures, or building additions, shall meet the requirements of this code. Modification or .replacement (other than maintenance) of outdoor lighting fixtures shall meet the provisions of this code. 102.5 Existing installations. All outdoor light fixtures lawfully installed prior to and operable on the effective date of the ordinance codified under this chapter are exempt from all requirements of this code. The installation shall be maintained in accordance with the edition of the Outdoor Lighting Code under which it was installed. • 2 102.6 Resumption of use after abandonment. If a property or use with non-conforming lighting is abandoned • as defined in chapter 2, then all outdoor lighting shall be reviewed and brought into compliance with this code before the use is resumed. 102.7 Change of use. Whenever the use of any existing building, structure, or premises is changed to a new use, all outdoor lighting shall be reviewed .and brought into compliance with this .code before the new use commences. 102.8 Alternate materials and methods of construction. The provisions of this code are not intended to prevent the use of any design, materials or method of installation or operation not specifically prescribed by this. code, provided .any such alternate has been approved. The Building Official may approve any such proposed. alternate provided he or she finds that it: 1. Provides at least approximate equivalence to the applicable specific requirements of this code and; 2. Is otherwise satisfactory or complies with the intent of this code and; 3. Has been designed or approved by a registered lighting or electrical engineer and is supported by calculations showing that the design submitted meets that intent of the code. 102.9 Appeals. Any person substantially aggrieved by any .decision of the Building Official .made in administration of this code has the right and responsibilities of appeal to the Advisory/Appeals Board of this jurisdiction. SECTION 103 EXEMPTIONS 103.1 Gas lighting. All outdoor lighting fixtures producing light directly by the combustion of natural gas or other fossil fuels are exempt from the provisions of this code. 103.2 Lighting in the public right-of--way. Outdoor lighting installed in the public right-of--way is exempt from the provisions of this code. Engineering standards apply and require an approval from the Town of Marana Engineering Department. 103.3 Seasonal decorative lighting. Seasonal decorations using unshielded 50-watt or less incandescent lamps are exempt. from .Thanksgiving to January 15th. These fixtures must be turned off between 11:00 p.m. and sunrise except for commercial operations open on a 24 hour basis. 103.4 Neon sign lighting. Neon lighting shall be exempt from the requirements of Chapter 4 of this code when used for sign lighting, but not exempt for any other uses. 103.5 Emergency Egress Lighting. Emergency egress lighting, when required under building regulations and illuminated only during. an emergency event, shall be exempt from the. requirements of this .code. 103.6 Temporary exemption. Any person may submit a written request, on a form prepared by the jurisdiction, to the jurisdiction for temporary exemption request. A temporary exemption shall contain the following information: 1. Specific exemption(s) requested. 2. Type and use of outdoor light fixture involved. 3. Duration of time of the requested exemption. 4. Type of lamp and lamp lumens. 5. Total wattage of lamp or lamps and number of lamps to be used. • 6. Proposed location on premises of the outdoor lighting fixture(s). 7. Previous temporary exemptions, if any, and addresses of premises there under. 8. Physical size of outdoor light fixture(s) and type of shielding provided. 9.Other data and information that may be required by the Building Official 103.6.1 Approval and duration. The jurisdiction shall have five business days from the date of submission of the request for temporary exemption to act, in writing, on the request. If approved, the exemption shall be valid for not more than thirty days from the date of issuance of the approval. The approval shall be renewable at the discretion of the Building Official upon a consideration of all the circumstances. Each such renewed exemption shall be valid for not more than thirty additional days. 103.6.2 Disapproval and appeal. If the request for temporary exemption is disapproved, the person making the request will have the appeal rights provided in Section 102 of this code. SECTION 104 PERMIT, PLAN SUBMISSION AND INSPECTION REQUIREMENTS 104.1 Permit required. Any owner, occupant or authorized agent who intends to install, construct, enlarge, alter, repair, move, or change any outdoor lighting within Town of Marana jurisdiction, the installation of which is regulated by this code, shall first make application to the Building Official and obtain the required outdoor lighting permit. 104.2 Permit submission requirements. The permit submission shall contain the following: 1. Plans indicating the location and type of illuminating devices, fixtures, lamps, supports, reflectors, and other devices. 2. Description of the illuminating devices, fixtures, lamps, supports, reflectors, additional shielding, and other devices that may include, but is not limited to, catalog cut sheets from the manufacturer. 3. If canopy lighting is being proposed, then provide calculations for average maintained levels of• horizontal illuminance at 36 inches above grade level in foot candles. Provide evidence of the fixtures being hidden from sight at the property line. 4. Photometric data established by the fixture manufacturers or credible source, showing the angle of cutoff or light emissions. Photometric data need not be submitted when the full cutoff performance of the fixture is obvious to the reviewer. 5. Additional photometric data and site structure information as necessary to assure that there is no light trespass on adjacent properties in excess of that allowed by Section 107.5 of the Design Standards. 6. A stamp or statement on the plans stamped by a registered design professional certifying compliance with the requirements of this Code. The Building Official may waive this requirement for small installations. 7. For sites in Lighting Area E3 that exceed 6 acres, a master lighting study may be submitted that indicates an overall lumen calculation for the entire site. The study shall indicate actual lumens used for lighting being presently installed and an estimate for future pads, parcels, buildings and phases. The total lumens for the overall project shall be tracked by a single design professional designated by the owner and submitted as a cumulative total to the Town of Marana. The overall project lumens shall be tracked to show current compliance and ability to develop future areas within the limit of the overall allowed lumens. If a parcel is sold by the owner after a master lighting study is approved, the new owner has the option to continue development with the original designated design professional utilizing the overall project lumens. 104.3 luminaire schedule on plans. There shall be a schedule on the plans to confirm compliance with the lumen cap per Table 401.1, and which includes the following information: 1. Each exterior luminaire type with the mean lumens for that type, the quantity of each type and whether the luminaire is full cutoff or non-cutoff shielded. . 2. The total of full cutoff and non-cutoff shielded mean lumens for the parcel. 4 • 3. A statement of the lighting area, the size of the permitted parcel, and the maximum allowed full cutoff and non-cutoff shielded mean lumens. Exception: When a submittal includes a statement by a registered design professional stating that the existing site lighting is being modified less that 10 percent,. it shall not be necessary to comply with Section 104.3. 104.4 Additional submissions. The above required plans, descriptions and data shall be sufficiently complete to enable the plans examiner to readily ascertain code compliance. If such. plans, .descriptions and data are insufficient to enable this ready determination, by reason of the nature of configuration of devices, fixtures, or lamps proposed, the .application will be deemed incomplete.. The plans examiner may require additional evidence of compliance such as certified reports of tests by a recognized testing laboratory. 104.5 Subdivision. plat certification and development plan.. If any. subdivision proposed to .have installed. common or public area outdoor lighting, the final plat shall contain a statement certifying that the applicable provisions of this code will be complied with. Specific plans for lighting shall not be included on the plat but will rather be contained on the building permit plans. 104.6 Lamp or fixture substitution. Should any outdoor light fixture or the type of light source therein be changed after the permit has been issued, a change request must be submitted by the design professional to the building official for his/her approval, together with adequate information to assure compliance with this code. 104.7 Inspections. The owner of a property, or the authorized agent of the owner, shall request all required inspections as noted on the permit issued under this code. All inspection requests shall be made at appropriate • intervals as noted on the permit and it is the responsibility of the property owner or authorized agent of the owner to assure that all required inspections receive approval from the Building Official and that final inspection approval is obtained prior to placing the permitted outdoor lighting into service. SECTION 105 PROHIBITIONS 105.1 Mercury vapor lamps and fixtures.. The installation, sale, offer for sale, lease or purchase of any mercury vapor lamp for use within the Town of Marana as outdoor lighting is prohibited: 105.2 Bottom mounted outdoor advertising sign lighting. Bottom mounted outdoor advertising sign lighting is prohibited. 105.3 Other fixtures and lamps. The installation of lighting where the unshielded portion of the lamp can be seen from an adjacent residential property, except as approved in the design standards, is prohibited... Any lighting not listed in this code is not permitted without the approval of the Building Official 105.4 Laser source lighting. The use of laser source lighting or any similar high intensity light for outdoor advertising or entertainment, when projected above the horizontal is prohibited. 105.5 Searchlights.. The operation of searchlights for advertising purposes is prohibited. • 5 SECTION 106 OUTDOOR LIGI~TING DESIGN STANDARDS • 106.1 General design standards. The design shall incorporate at least 80 percent of the allowed lumens or meet the minimum illumination levels recommended in the latest Handbook of the Illuminating Engineering Society of North America (IESNA). 106.2 Spacing. Light poles and luminaires shall be spaced in a manner to provide lighting distribution as recommended by the IESNA in areas of frequent use such as parking lots and pedestrian walkways taking height limitations into account. 106.3 Canopy lighting. Canopy lighting shall have a maximum average maintained horizontal illuminance level at 36 inches above grade of 60 foot candles (fc) in Area E3 and 45 fc in Area E2. 106.4 Non-cutoff shielded lighting. -All non-cutoff shielded light fixtures, including unshielded seasonal decorations, shall be turned off between 11:00 p.m. and sunrise. Exception: Commercial properties that operate on a 24 hour basis. 106.5 Flood and spot lights. Flood and spot lights shall be installed within a shielded housing and aimed such that the source shall not be visible from any adjacent residential property. 106.6 Lighting types approved. Lighting types shall consist of low pressure sodium (LPS), high pressure sodium (HPS), metal halide (MH), fluorescent, incandescent, gas filled tubing and any other lighting source approved by the Building Official. The preferred method of lighting is LPS and should be utilized unless color rendering is essential. • 106.7 Lighting required for business operation. Lighting required for business operation may be allowed to remain on until 11 p.m. or until close of business, whichever is later. SECTION 107 VIOLATIONS 108.1 Unlawful acts. It shall be unlawful for any person, firm, or corporation to erect, construct, alter, extend, repair, move, remove, install, use or demolish outdoor lighting equipment as regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code. 108.2 Notice of violation The Building Official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removing, demolition or use of any outdoor lighting in violation of this code or in violation of a detail statement or a plan approved hereunder, or in violation of a permit issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. The property owner or authorized agent of the owner shall comply with the requirements of the notice of violation or file a notice of appeal in accordance with the provisions of Section 102.9 above within the time period given on the notice for abatement of the violation. 108.3 Enforcement and Penalties. Failure to address a notice of violation in a timely fashion may result in the issuance of a civil citation as provided for in Chapter 5-7 of the Marana Town Code. Such citation shall not excuse the need to correct or abate such violation, or to remove or terminate the unlawful use of outdoor lighting in violation of the provisions of this code or of the order or direction made pursuant thereto. Each day violation continues shall be considered a separate offense. 6 I~ CHAPTER 2 DEFINITIONS SECTION 201 GENERAL 201.1 Scope. Unless otherwise expressly stated, the following words and terms shall, for the purposes of this code, have the meanings indicated in this chapter. 201.2 Interchangeability. Words used in the present tense include the future; words in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural, the singular. 201.3 Terms not defined. Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such. as the context implies. SECTION 202 DEFINITIONS ABANDONMENT. The relinquishment of a property, or the cessation of the use or activity by the owner or tenant for a period of six months, excluding temporary. or short term interruptions for the purpose of remodeling, maintaining, or otherwise improving or rearranging a facility. A use shall be deemed abandoned when such use is suspended as evidenced by the cessation of activities or .conditions which constitute the principal use of the property. • BUILDING OFFICIAL. The official or other designated authority charged with the administration of .this code, or a duly authorized representative. CURFEW. A time established for listed lighting systems to be automatically extinguished. DEVELOPMENT PROJECT. .Any residential, commercial, industrial or mixed use. subdivision plan or development plan which is submitted to the jurisdiction for approval or for permit. DIRECT ILLUMINATION. Illumination resulting from light emitted directly from a lamp or luminaire, not light diffused through translucent signs or reflected from other surfaces such as the ground or building faces. DISPLAY LOT OR AREA. Outdoor areas where active nighttime sales activities occur, and where accurate. color perception by customers is required. To qualify as a display lot, one of the following specific uses must occur: 1. Vehicle sales (autos, recreational vehicles, boats, motor cycles etc). 2. Assembly lots. 3. Swap meets. 4. Airport. and automobile fueling areas. Special condition. Uses not on this list must be approved as a display lot use by the Building Official. FULL CUTOFF LIGHT FIXTURE. Alight fixture shielded or constructed so that no light rays are emitted by the installed fixture at angles above the horizontal plane, as certified by photometric test reports. Such candela information shall be as determined by a photometric test report from a nationally recognized independent testing laboratory and as certified by the manufacturer. Any structural part of the luminaire • provided this cutoff angle shielding shall be permanently attached. 7 GLARE. The definition of glare shall be as found in the Illuminating Engineering Society of North America• (IESNA) handbook. INSTALLED. The attachment , or assembly fixed in place, whether or not connected to a power source, or any outdoor light fixture. LUMEN. Unit of luminous flux used to measure the amount of light emitted by lamps. LUMINAIRE. The complete lighting assembly, less the support assembly. Two or more units with lamps less than three feet apart shall be considered a single luminaire. NET ACREAGE. The remaining found area after deleting all portions of proposed and existing public streets within a parcel. NON-CUTOFF SHIELDED FIXTURE. Alight fixture that does not comply with the full cutoff light fixture requirements of this code, but does comply with shielding requirements. OUTDOOR LIGHT FIXTURE. Ati outdoor illuminating device, outdoor lighting or reflective surface, lamp or similar device, permanently installed or portable, used for illumination or advertisement. Such devices shall include, but not be limited to: 1. Street lighting. 2. Parking lot lighting. 3. Building and structural lighting. 4. Landscaping lighting. 5. Recreational lighting. 6. Billboards and other signs (advertising or otherwise). • 7. Product display area lighting. 8. Building overhangs and open canopy lighting. 9. Security lighting. 10. Searchlight, spotlight, flood lights and laser lights. OUTDOOR RECREATION FACILITY. An area designed for active recreation, whether publicly or privately owned, including, but not limited to baseball, soccer, football, golf, tennis, swimming pools and race tracks of any sort. PERSON. Any individual, tenant, lessee, owner, or any commercial entity including but not limited to firm, business, partnership, joint venture or corporation. PROPERTY LINE. The property line used to determine pole height shall be the actual property line. Common areas, streets, right of ways shall not be used to allow increases in pole heights. PUBLIC RIGHT-OF-WAY. A road, street, alley or highway permanently dedicated to the public for public use. SHIELDING/SHIELDED. Construction of a luminaire, the location of a fixture, or the addition of materials to prevent the light source from being seen from an adjacent residential property. The shielding must be permanent and non reflective. Care should be taken to ensure additional shielding added to a luminaire does not affect the listing or warranty of the luminaire. • 8 TEMPORARY LIGHTING.. Lighting which does not conform to the provisions of this .ordinance and which • will not be used for more than one thirty day period within a calendar year, with one thirty day extension. Temporary lighting is intended for uses which by their nature are of limited duration; e.g. holiday .decorations, civic events, or construction projects. i• i• 9 CHAPTER 3 • LIGHTING AREAS SECTION 301 DESCRIPTION OF LIGHTING AREAS 301.1 Lighting areas. Lighting areas shall be as described and defined on the Town of Marana Lighting Area Map incorporated within this code as APPENDEX A, and as further described within this section. 301.2 Lighting area E3. Lighting area E3 is an urban area with primary land uses for commercial, business, industrial-activity, apartments and surrounded by suburban residential areas. 301.3 Lighting area E2. Lighting area E2 is rural residential and agricultural areas. Exception: Properties located within lighting area E2 on the Marana Lighting Area Map that are determined to be a commercial or industrial uses by the Town of Marana Planning and Zoning Director, or otherwise have an allowed commercial uses, shall be deemed to be located within Lighting Area E3. In the case of rezoning, outdoor lighting levels and the purposes and intent of this code shall be a rezoning consideration and outdoor lighting levels may be restricted by the rezoning authority. 301.4 Lighting area C. Lighting area C is areas designated as land banks, conservation areas or any environmental areas of special consideration as designated by the Town of Marana Council. Lighting in these areas shall be limited to lighting for public safety only. 301.5 Properties in more than one lighting area. A property located in more than one of the lighting areas. described within this chapter shall be considered to be only in the most restrictive lighting area. • 10 • CHAPTER 4 TOTAL OUTDOOR LIGHT OUTPUT,. SHIELDING, FIXTURE HEIGHT REQUIREMENTS SECTION 401 TOTAL OUTDOOR LIGHT OUTPUT 401.1 Calculation of total outdoor light output for property. Total outdoor light output shall not exceed the lumen limits given in Table 401.1. In the table, "total" means the sum of emitted light on the site. For determining compliance with this code, the total lumens shall be the sum of the following: 1. One hundred percent of the lumens from outdoor full cutoff and shielded (not .full cutoff) fixtures installed on grade, on poles, and installed on the top or sides of buildings or other structures, when not shielded from above by the structure. 2. One hundred percent of the lumens from externally illuminated signs. 3. Fifty percent of the lumens from underwater light fixtures unless the fixture is aimed at an angle of less .than 45 degreed above the horizontal, in which case the lumens shall be calculated at 10 percent of the total lumen output. 4. Twenty percent of full cutoff fixtures installed under canopies, building overhangs or roof eaves. 5. Zeropercent offull cutoff light fixtures installed under canopies, building overhangs, or roof eaves in such a manner that no lamp or vertical element of a lens or diffuser is visible at the property line. 6. Zero percent of internally illuminated and LED signs, and lights illuminating a US flag when shining downward. • 401.2 Calculation of total light output for fixture lamps.. The total amount of light, measured in lumens, is limited to a value per net acre of the site. The output from all outdoor light fixture lamps shall be determined as follows: 1. For lamp types that vary in light output as they age (such as fluorescent or high intensity discharge lamps) the mean lumen output, as defined by the lamp manufacturer, shall be the lumen value used. For lamps not listed with mean lumens, the initial rating shall be used. 2. The light output for each outdoor light fixture shall be based on the largest lamp that the outdoor light fixture is rated to accommodate.. Furthermore, the largest lamp rating for. fluorescent and high intensity discharge fixtures shall be .based on the installed ballast rating. • 11 TABLE 401.1 • MAXIMUM TOTAL OUTDOOR LIGHT OUTPUT REQUIREMENTS LUMEN CAPS: MEAN LUMENS PER NET ACRE OF PARCEL OR LOT LIGHTING AREAS (As defined in Section 301 and on Town o Marana Outdoor Li htin Ma . E3 E2 C COMMERCIAL AND INDUSTRIAL -OPTION 1(1) ostl low ressure sodium. txtures. Total full cutoff LPS fixtures, plus full cutoff non-LPS fixtures, lus non-cutoff shielded fixtures. (5) 450,000 200,000 SP (4) Limit on non-LPS full cutoff fixtures. 5) 45,000 18,000 SP 4) Limit on non-cutoff shielded fixtures. (5) 12,000 6,000 SP (4) COMMERCIAL AND IlVDUSTRIAL -OPTION 2 (1) Mostl non-low ressure sodium rtures Total full cutoff fixtures, plus non-cutoff shielded fixtures. 5 300,000 65,000 SP (4) Limit on non-cutoff shielded fixtures. (5) 12,000 6,000 SP (4) ALL RESIDENTIAL ZONING 2' 3 Total full cutoff fixtures, plus non-cutoff shielded fixtures. 55,000 24,000 SP (4) Limit on non-cutoff shielded fixtures. (5) 12,000 6,000 SP (4) Table footnotes: 1. Use any one of the options for the entire property. 2. This refers to all residential land-use zoning, including all densities and types of housing such as single family, detached and duplexes. 3. If LPS is used for residential lighting, then the total lumens in the table for all areas can be increased by 50 percent of full cutoff LPS lighting. 4. "SP" indicates special permit where local conditions warrant low level lighting design. 5. Non-cutoff shielded fixtures shall not exceed 3,000 mean lumens output per fixture, and shall meet the shielding requirements of this code. SECTION 402 OUTDOOR LIGHT SHIELDING n U 402.1 Full cutoff requirements. All outdoor light fixtures are required to meet the full cutoff requirements of this code. Exception: Fixtures described in table 401.1 as non-cutoff shielded, internal and LED sign lighting. Seasonal decorative lighting as described within Section 103. 402.2 Shielding requirements. All outdoor lighting fixtures are required to meet the following shielding requirements: 1. All outdoor lighting within 150 feet or ten times the mounting height of the fixture, whichever is greater, of an adjacent residential property shall have external shields installed. Additional shielding may be required by the Building Official when glare intrudes into residential areas or affects visibility of traffic signals or signage. 12 i• • • 2. Flood and spot lights shall be installed within a shielded housing and aimed such that the source shall not be visible from any adjacent residential property. 3. Light trespass into residential areas shall not exceed 0.3 foot candles measured vertically at S feet above the ground. Exception: Internal and LED sign lighting. Seasonal decorative lighting as described within Section 103. SECTION 403 FIXTURE HEIGHT REQUIREMENTS 403.1 Outdoor light fixture height requirements: 1. The height of apole-mounted luminaire shall be measured from finished grade to the bottom of the lens of the luminaire and fixture poles shall not extend more than 2 feet above. the allowed mounting height. 2. The height of a pole mounted luminaire above finished grade shall not exceed 42 feet for a property that exceeds 25 acres, 30 feet for a property between 6 and 25 acres, and 20 feet for a property less than 6 acres. For properties that exceed 6 acres, any pole within 150 feet of an adjacent residential property. shall not exceed 20 feet in height. 3. All lighting fixtures on the residential side of commercial or industrial property and adjacent to residential property shall be full cutoff and shall be limited in height to 10 feet at the property line and may increase in height at a rate of 1 foot for every 2ft.-bin. away from the property line up to the maximum height for the area of the site. 4. All wall mounted luminaires utilizing lamps in excess of 4,000 lumens and/or installed above 9 feet in elevation shall be equipped with external shields and provided with forward .throw optical characteristics so as to minimize the reflected light. off the wall below the luminaire. See section 401.1 and 401.2 for additional requirements. 13 CHAPTER 5 SIGN LIGHTING SECTION 501 OUTDOOR ADVERTISING SIGNS • 501.1 External illumination of on-site signs. External illumination for on-site signs shall conform to all provisions of this code and shall also conform to the lamp source, shielding restrictions and lumen caps of Chapter 4. 501.2 Illumination of off-site .advertising signs. Illumination of outdoor advertising off-site signs is prohibited. Exception: The use of lighting fixtures legally installed in Areas E2 and E3 prior to the effective date of this code may continue, provided such fixtures are mounted on the top of the sign structure and shall not be illuminated between the hours of 11:00 p.m. and sunrise, and comply with all other provisions of the code. 501.3 Internally illuminated advertising signs. Internally illuminated outdoor advertising signs shall not be counted toward the lumen caps described in Chapter 4 of this code. Outdoor internally illuminated advertising signs constructed with an opaque or colored background and translucent text and symbols are strongly preferred so as to reduce any potential detrimental effects. 501.4 LED signs. LED outdoor advertising signs shall not be counted within the lumen caps described within Chapter 4 of this code. All outdoor LED advertising signs shall be limited to a maximum luminous intensity of 280 cd/m2 (candela per square meter), full white mode, from sunset to sunrise. In addition, outdoor LEI advertising signs shall be turned off at curfew times listed within table 501.5, or the close of business, which ever is later. 501.5 Outdoor illuminated sign curfews. Illumination for all advertising signs, both external and internal, shall be reduced by 50 % or turned off at the curfew times listed in Table 501.5, or when the business activities cease, whichever is later. Billboards with legally installed lights shall be turned off at 11 P.M. TABLE 501.5 ILLUMINATED SIGN CURFEWS LIGHTING AREAS :(Defined in Section 301 and on Town ofMarana Outdoor Li htin Ma . E3 E2 C COMMERCIAL AND INDUSTRIAL ZONING 12' A.M. 11 P.M. X ALL RESIDENTIAL ZONING 11 P.M. 10 P.M. X X =Not allowed I4 • CHAPTER 6 RECREATIONAL FACILITIES SECTION 601 ILLUMINATION OF RECREATIONAL FACILITIES 601.1 Lighting not directly related to athletic areas. All .site lighting. not directly associated with the athletic playing areas shall conform to the lighting standards described in this ordinance, including but not limited to the shielding requirements of Chapter 4 and the lumens per acre .limits of Table 401.1. 601.2 Athletic lighting exempt from lumen limits. Lighting for athletic fields, courts, or tracks shall be exempt from the lumens per acre limits of Table 401.1. All such lighting shall utilize full cutoff luminaires that are installed in a fashion. that maintains the full cutoff characteristics. Every such lighting system design shall be certified by a registered engineer as conforming to all applicable restrictions of this ordinance. Exception: Where full cutoff fixtures are not utilized, acceptable luminaires shall include those which are provided with internal and/or external glare control louvers and installed so as to limit direct up- light to less than 5 percent of the total lumens exiting from the installed fixture, and minimize offsite light trespass by installing additional shielding for any residential area. Acceptable fixtures must also be installed with minimum. aiming angles of 25 degrees downward from horizontal. This aiming angle shall be measured from the axis of the luminaire maximum. beam candlepower as certified by an independent testing agency. 601.3 Athletic lighting curfew. All events shall be scheduled so as to complete all. activity before the curfew times listed in Table. 601.3. Illumination of the playing field, court or track shall be permitted after the. curfew only to conclude a scheduled event that was unable to be concluded before the curfew due to unusual circumstances. 601.4 Lighting Area C prohibition. No recreational lighting is permitted in Area C. Trailheads or other facilities may have low levels of lighting for security and shall require a special permit. TABLE 601.3 RECREATIONAL FACILITY LIGHTING CURFEWS LIGHTING AREAS (Defined in Section 301 and on Town of Marana Outdoor Li tin Ma . P3 E2 C CURFEW TIME 11 P.M. 11 P.M. X X =Not allowed • 15 CHAPTER 7 OUTDOOR DISPLAY LOT LIGHTING SECTION 701 ILLUMINATION OF OUTDOOR DISPLAY LOT AREAS 701.1 Lighting not associated with display lot areas. All site lighting not directly associated with the display lot areas shall conform to the lighting standards described in this ordinance, including but not limited to the requirements of Chapter 4. 701.2. Lighting for display lot areas. Lighting for display lot areas shall be exempt from the lumens per acre limits of Chapter 4. All such lighting shall utilize full cutoff luminaires that are installed in a fashion that maintains the full cutoff characteristics. Every such lighting system design shall be certified by a registered lighting or electrical engineer as conforming to all applicable restrictions of this code. 701.3 Curfew requirements for display lot lighting. Display lot area lighting exceeding the lumens per acre cap of Chapter 4 shall be turned off at the curfew times listed in Table 601.3 or within thirty minutes after closing of business, whichever is later. Exemption: Display lot area lighting used for security and safety purposes is exempt from the curfew requirements of Table 601.3 provided it is in full compliance with all requirements of Chapter 4 and all other aspects of this code. r: 16 i• i• i• ~ ~ ti3 ~" ,e~ ~, rt! ~ ~ f 3~ ~ 2 t ~ _ ~ ~. `~- 4 -r '" ~~ i ~~ ~ 1 - _ ' _ f~~ ~ 3 ~ ~ ~ ~ - a .~ - ~~ .. - .~ ~ _ i `y.~P i r .. -: _. ~~_ _ ~. ~, _ ~ ~ .. __._ , _~ ~ i ,, E ~~ i ~, ~ _ ~ : ___ ~ i ~` -~ _, i ~,{~r ~ ~ ~ . _~_ ~ ~ - :, 3 / I " ~ `~ C ~ .~ . .. , _ ~ _~ T _ -"~' , ~~. \ 1/ tC~W N 7~ TOWN COUNCIL MEETING TOWN OF MARANA q r~Ak,aNn ; INFORMATION gRITUhP MEETING DATE: August 5, 2008 AGENDA ITEM: J. 3. b TO: MAYOR AND COUNCIL FROM: Jane Fairall, Deputy Town Attorney SUBJECT: Resolution No. 2008-103: Relating to Building; declaring the revised 2008 Marana Outdoor Lighting Code as a public record filed with the Town Clerk; and declaring an emergency. DISCUSSION This resolution makes the revised Marana Outdoor Lighting Code a public record. This process makes it possible for the revised Outdoor Lighting Code to be adopted by reference under A.R.S. § 9-802, thereby avoiding the requirement to publish the entire document,. as would oth- erwise be required under A.R.S. § 9-812. RECOMMENDATION Staff recommends adoption of Resolution No. 2008-103, immediately prior to or at the same time as the adoption of Ordinance No. 2008.18, the adopting ordinance for the revised 2008 Ma- rana Outdoor Lighting Code. SUGGESTED MOTION I move to adopt- Resolution No. 2008-103. (00010350. DOC /} 7/22/2008 JF MARANA RESOLUTION N0.2008-103 RELATING TO BUILDING; DECLARING THE REVISED 2008 MARANA OUTDOOR LIGHTING CODE AS A PUBLIC RECORD FILED WITH THE TOWN CLERK; AND DECLARING AN EMERGENCY. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. The revised 2008 Marana Outdoor Lighting Code of the Town of Marana, Arizona, a copy of which is attached to and incorporated in this resolution as Exhibit A and three copies of which are on file in the office of the Town Clerk, is hereby declared to be a public record and ordered to remain on file with the Town Clerk. SECTION 2. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, an emergency is hereby declared to exist, and this resolution shall be effective immediately upon ,its passage and adoption. PASSED. AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 5th day of August, 2008. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00010349.DOC /} 7/22/2008 JF ~nO/N ~R' TOWN COUNCIL MEETING TOWN OF MARANA 9 MARANA ~ INFORMATION ~'` gRILU~ P MEETING DATE: August 5, 2008 AGENDA ITEM: J. 4 TO: MAYOR AND COUNCIL FROM: Deb Thalasitis, Assistant Town Manager SUBJECT: Ordinance No. 2008.19: Relating to Administration; adding the positions of General Manager, Assistant Chief of Police and Police Commander to the Town's unclassified service; creating two additional categories of employment; amending Town Code Sections 3-1-2, 3-1-3 and 3-1-4; adding new Town Code Sections 3-2-11, 3-2-12 and 3-2-13; and declaring an emergency. DISCUSSION As part of the compensation and classification study, the Town Manager's Office has undertaken a review of the Personnel Policies and Procedures related to compensation and the Town Code. This agenda item recommends several changes to Chapter 3-1 of the Town. Code, including amendment of the list of at-will positions .and the addition of two new classifications of employment: term-limited temporary and short-term temporary. Sections 3-1-2 and 3-1-3 of the Town Code list positions in the Town that are considered unclassified and at-will. Employees in these positions serve at the pleasure of the Town Manager or his/her designee and have no term of office. Staff is recommending the following changes to the list of at-will positions: Add the position of General Manager Add the position of Assistant Chief of Police Add the position of Police Commander The General Manager position. is proposed as part of the reorganization presented by Town Manager Gilbert Davidson at the July 15, 2008 Council meeting. General Managers would serve at the pleasure of the Town Manager, Deputy Town Manager or Assistant Town Manager. The incumbents will be responsible for coordinating and managing all related activities of a group of departments. If approved, the current plan is to reallocate the Deputy Town Manager and Public Works Director positions to General Manager positions that will separately oversee two key service areas. The General Manager -Development Services will oversee and coordinate the Building, Engineering and Planning Departments and the Permits and Records Center. The General Manager -Public Services will oversee and coordinate the Airport, CIP, Operations and Maintenance and Utilities Departments. A key role of the General. Manager position is to provide a single point of contact for negotiation of agreements, large project management and execution, resolution of issues and questions that arise in the course of development activities {ooorozv7.DOC/2} 07/28/2008 JF I~ and to assure seamless coordination between and among the various development-related or public works services and departments within the Town. The Assistant Chief of Police position was intended to be included on this list upon its creation; however, due to an oversight, the position was never added to this list. This item would correct that oversight. The Assistant Chief of Police is appointed by the Chief of Police and would serve at the pleasure of the Chief of Police. The Police Commander position, if approved, is a new classification available for use in the police department. No additional positions are being requested at this time, but a Lieutenant's position will be converted to this classification once a successful candidate is appointed by the Chief of Police. This position serves at the pleasure of the Chief of Police. The Police Commander commands a major segment or function of the Police Department. Responsibilities include planning, supervising, coordinating and evaluating the work of assigned personnel within an operational or support function. Supervision is exercised over a staff of sworn and/or civilian personnel primarily through subordinate supervisors. The position performs highly complex administrative duties, and related duties as required. The position serves as the Chief of Police in the absence of the Chief and Assistant Chief and represents the Chief to the public and other law enforcement agencies. The current plan is to leave the Assistant Chief position vacant with the creation and staffing of the Police Commander position. Funds from the Assistant Chief's position are being used to temporarily augment the workforce with an individual who is working on special and term-limited projects for the department. Staff is also recommending the addition of two new categories of employment in the Town. Currently Section 3-1-3 of the Town Code lists two categories of employment: classified service and unclassified service. Staff recommends that the categories of "term-limited temporary employment" and "short-term temporary employment" be added to Section 3-1-3. A term-limited temporary employee is an individual who is employed in a temporary position for more than six months, but no longer than 36 months from the hire date. Employees in term- limited temporary positions are eligible for health and welfare benefits (vacation, sick. leave, ..personal holidays, retirement and medical, dental and other insurances), but serve at the will of the appointing authority and are not part of the Town's classified service. They do not have access to the personnel action review board procedures and are not subject to other provisions of the Town's Personnel Policies and Procedures except where specifically stated. Term-limited temporary employees may perform work related to a grant, capital improvement project, information systems technology project, executive fellowship program or other non-routine, substantial body of work that exceeds six months. The Town Manager will be responsible for approval ofterm-limited temporary employment. At this time, the Town Manager's Office intends to use the term-limited classification, if approved, to establish an 18-month Executive Fellow position. Internship funds already approved will be used to fund one Executive Fellow position in the Town Manager's Office. This position will offer an in-depth work experience for a recent graduate of a graduate school level Public or Business Administration program from an accredited college or university. The incumbent will be assigned work on special projects important to the Town and will have the opportunity to work closely with senior management and department directors who will serve as {0oo1o2v7.DOCi2} -2- 07/28/2008 JF mentors. The selected individual .gets valuable professional experience, .while the Town is able to get important work completed in acost-effective manner, with more continuity than using multiple interns. This is one example of how the term-limited classification might be used by the Town. The other proposed new classification of employment is short-term temporary employment. This classification would include seasonal employees and other short-term employees needed for a limited period of time to fill staffing needs.. Short-term temporary employees would be at-will employees, would not receive the compensation and benefits of classified employees and would not have recourse to the Town's personnel action review board procedures.. "Short-term" is defined as no more than six months or 1040 hours in a rolling 12-month period. ATTACHMENTS None FINANCIAL IMPACT There are no financial impacts. Funds and positions already approved in the FY 2008-2009 budget will be reallocated to achieve these position changes. RECOMMENDATION Staff recommends adoption of Ordinance No. 2008.19, amending the Town Code to add new positions to the list of at-will, unclassified employees and to create two new categories of Town employment. SUGGESTED MOTION I move to adopt Ordinance No. 2008.19. {ooo~ozv~.DOCiz} -3- o7/2s/loos JF MARANA ORDINANCE N0.2008.19 RELATING TO ADMINISTRATION; ADDING THE POSITIONS OF GENERAL MANAGER, ASSISTANT CHIEF OF POLICE AND POLICE COMMANDER TO THE TOWN'S UNCLASSIFIED SERVICE; CREATING TWO ADDITIONAL CATEGORIES OF EMPLOYMENT; AMENDING TOWN CODE SECTIONS 3-1-2, 3-1-3 AND 3-1-4; ADDING NEW TOWN CODE SECTIONS 3-2-11, 3-2-12 AND 3-2-13; AND DECLARING AN EMERGENCY. WHEREAS the Town's growth requires the addition of new positions in the Town's un- classified service; and WHEREAS the Town Council finds that. the Town's recent classification and compensa- tion study indicated the need for more flexibility in the Town's employment classification struc- ture; and WHEREAS the Town. Council finds that authorizing the addition of positions to the Town's unclassified service and the creation of two additional categories of employment as set forth in this ordinance is in the best interests of the Town and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. Title 3 of the Marana Town Code is hereby revised by amending sec- tion 3-1-2 entitled "Positions appointed by the town council, town manager, deputy town man- ager, assistant town manager & department heads" as follows (with deletions shown with st~e- eu~ and additions shown with double underlining):: Section 3-1-2 Positions appointed by the town council, town. manager, deputy town manager, assistant town managers 8~ department heads A. The position of town manager shall be appointed from time to time by the town council, and shall be employed at the will of the town council. This posi- tion shall have no term of office, shall be at-will, and shall report directly to the town council. B. The town magistrate shall be appointed by the town council in accordance with section 5-2-1. C. The following positions shall report to the town manager, shall be appointed from time to time by the town manager, shall have no term of office, shall be at-will, and shall work at the pleasure of the town manager. 1. Deputy town manager {OOOi0ll2.DOC / 3} - I - JF 7/22/08 2. Assistant town managers 3. Town clerk 4. Town engineer 5. Town attorney D. The following positions shall report to the town manager, except that the town manager may designate in writing that one or more of these positions shall report to the deputy town manager or assistant town manager. Each of these positions shall be appointed from time to time by the town manager, deputy town manager or assistant town manager to whom he or she reports. Each of these positions shall have no term of office, shall be at-will, and shall work at the pleasure of the town manager, deputy town manager or assistant town manager to whom he or she reports. 1. Department heads 2. Special projects administrator 3. Assistants to the town manager 4. General managers E. All other personnel who are employed under a department head shall be hired by their department head, with the approval of the town manager, deputy town manager or assistant town manager to whom the department head re- ports, and shall work at the pleasure of their department head, as provided in this code and the #own personnel policies. F. The duties of any employee may be delegated by that employee to a deputy when a deputy position exists. SECTION 2. Title 3 of the Marana Town Code is hereby revised by amending sec- tion 3-1-3 entitled "Classification of employees" as follows (with deletions shown with ~*rits and additions shown with double underlining): Section 3-1-3 Classification of employees All offices in the town are divided into classifieds a+~d unclassified, term-limited emoorarv and short-term temoorarv service. The extent to which certain per- sonnel rules or provisions apply to particular employees will depend upon whether those employees are working as classifieds e~ unclassified, term-limited emoorarv or short-term temporary employees. A. Classified service. All employees of the town not specifically listed as an un- classified, term-limited temporary or short-term temporary employee shall be part of the classified service. Different rules and policies, however, may be es- tablished for different groups of employees within the classified service. Clas- sified employees are directed to the personnel manual for direction and em- ployment protections contained there. B. Unclassified service. Persons comprising unclassified service are part of a responsive management team that exists to carry out the goals and policies of .the town. Unclassified employees are "at-will" employees. "At-will" employ- ment is defined as employment that may be terminated upon the will of the employer or employee, at any time with or without cause. With the exce tp ion of the town manger, aAt-will employees do not have employment contracts, {OOOlOll2.DOC / 3} - 2 - JF 7/22/08 are not guaranteed any minimum length of employment, and do not have ac- cess to the personnel action review board procedures. Unclassified employ- ees are not subject to the salary schedule, and shall be paid according to per- . formance and qualifications, to be determined by the t~eF-tie town .However, unclassified employees shall receive any general salary increases that may be granted from time to time, except that the town manager shall only receive general salary in- creases if they are provided for in an employment contract duly authorized by the council. The following shall be unclassified employees: 1. Town manager 2. Deputy town manager 3. Assistant town managers 4. Town clerk 5. Town engineer 6. Town attorney 7. Department heads 8. Special projects administrator 9. Assistants to the town manager 10. General managers 11. Assistant chief of op Lice 12. Police commander C. Term-limited temporary emnlovment. This cateaorv of emnlovment is com- prised of temporary positions. with work related to a specific arant. capital im- provement project. technoloav services nroiect or other non-routine substan- ' body of work. for a term of six to 36 months. Term-limited temporary em- nlovees are "at-will" emnlovees. "At-will" emnlovment is defined as emplov- at may be terminated upon the will of the employer or emnlovee. a time with or without cause. At-will emnlovees do not have _emnlovmen r re not auaranteed anv minimum lenath of emnlovment.. and do no ve access to the personnel action review board procedures. Term-limi temporary emnlovees are not subject to the salary schedule. and shall be paid rdina to performance and aualifications. to be .determined by the tow manaaer or desianee. However. term-limited temporary emnlovees shall re- eive anv aeneral salary increases that may be aranted from time to time. All. enefits afforded to classified emnlovees. except those specifically excluded by this ~araaranh. shall be afforded to term-limited temporary emnlovees. Term-limited temporary emnlovees shall be appointed by the town manaaer r desianee as needed to work on the followina projects: 1. Grant-funded projects. Proiects or activities that are. funded by special rants for a specific time period or activity and that are not reaularly avail- able or predictable to the town. . Technoloav services projects. Proiects involvina the nlannina and imple- i new technoloav services systems for the town. Term-limited emporarv emnlovees may not be used for on-aoina maintenance o_fs_v__s- tems that have been implemented. {00010112.DOC / 3} - 3 - JF 7/22/08 . Ca pital improvement oroiects. Manaae ment of major capital imnrovemen pr ojects. Term-limited temporary emn lovees may no t be used for onaoina m anaaement of public facilities once th ey have been built. 4. Mi scellaneous oroiects. Other sianifica nt and substantial oroiects or bodies of work that. in the discretion of th e town manaa er or desianee. are e emed appropriate for term-limited te mporary emnlo vees. These oroiects m ust be either non-routine or related t o the initiation or reorganization of a o wn function. department or project. 5. Te mporary placement in reaular positio ns. Term-limit ed temporary emplo~- e s may be placed in reaular classifie d or unclassifie d positions within the To wn for a period of six months or m ore due to an extended leave of ab- e nce of a reaular emnlovee. . Short -term temporary emnlovment. This c ateaorv of emp loyment is comprised f te mporary positions for a time period that does not exceed six months or 040 hours in a rollina 12-month period. These positio ns would be used to ~l~m ent the workforce due to seasonal and other spe cific temporary work- pad needs that reauire additional staffin a. Short-term temporary emnlovees " at-will" emnlovees. "At-will" emnlovm ent is defined as employment tha e terminated upon the will of the em ployer or emnl ovee. at anv time with r wi thout cause. At-will emnlovees do n ot have emnlo vment contracts. are not a uaranteed anv minimum lenath of e mployment. an d do not have access. o th e personnel action review board pro cedures. Short -term temporary em- plove es .are not subject to the salary sche dule. and shal l be paid accordina to perfo rmance and aualifications. to be d etermined by t he town manaaer or esia nee. Short-term temporary emnlov ees shall not receive benefits pro- vided to other emnlovees of the town. S hort-term temp orary emnlovees are ie ct to work rules established by the to wn. SECTION 3. Title 3 of the Marana Town Code is hereby revised by amending sec- tion 3-1-4 entitled "Classification of employees" as follows (with deletions shown with st~il~ee~s and additions shown with double underlining): Section 3-1-4 Non-employee positions The following appointed positions shall not be considered to be employment po- sitions and exist outside town personnel policies and provisions: A. All elected officials and members of boards, committees and. commissions; B. Volunteer personnel and personnel appointed to service without pay; C. Dnrc~nnnnl ~~ihn rnnrlnr }nm nnr~r~i nrnvie•innnl nr cnnni~l ~ccinmm~n}• e ~ ,~ D.~r} }imp nnrcnnnnl mm~lnvnrl Inc.c }hen half }imp /4 nAn. hni irc nnr ~in~r\• ~nrl f e Those engaged by the town on a contractual basis- {00010112.DOC / 3} - 4 - JF 7/22/08 SECTION 4. Title 3 of the Marana Town Code is hereby revised by adding new sec- tion 3-2-11 entitled "General managers" as follows: Section 3-2-11 General managers A. Offices established. The positions of general managers are hereby created and established in accordance with section 3-1-2. Each general manager shall be appointed, suspended or removed by and shall perform their duties under the general and specific direction of the town manager, deputy town manager or assistant town manager to whom he or she reports. B. Compensation. General managers shall receive such compensation as the town manager, deputy town manager or assistant town manager to whom he or she reports shall fix from time to time. C. Duties. General managers shall be charged with the responsibilities set forth by and shall perform the duties of their office under the general and specific direction of the town manager, deputy town manager or assistant town man- ager to whom he or she reports. SECTION 5. Title 3 of the Marana Town Code is hereby revised by adding new sec- tion 3-2-12 entitled "Assistant chief of police" as follows: Section 3-2-12 Assistant chief of police A. Office established. The position of assistant chief of police is hereby created and established in accordance with section 3-1-3. The assistant chief of police shall be appointed, suspended or removed by and shall perform his or her du- ties under the general and specific direction of the chief of police. B. Compensation. The assistant chief of police shall receive such compensation as the appointing officer shall fix at the time of appointment, and the compen- sation shall be a proper charge against the funds of the town. C. Duties. The assistant chief of police shall be charged with the responsibilities set forth by and shall perform the duties of his or her office under the general and specific direction of the chief of police. SECTION 6. Title 3 of the Marana Town Code is hereby revised by adding new sec- tion 3-2-13 entitled "Police commander" as follows: Section 3-2-13 Police commander A. Office established. The position of police commander is hereby created and established in accordance with section 3-1-3. The police commander shall be appointed, suspended or removed by and shall perform his or her duties un- derthe general and specific direction of the chief of police. B. Compensation. The police commander shall receive such compensation as the appointing officer shall fix at the time of appointment, and the compensa- tion shall be a proper charge against the funds of the town. C. Duties. The police commander shall be charged with the responsibilities set forth by and shall perform the duties of his or her office under the general and specific direction of the chief of police. {00010112.DOC / 3 } - 5 - JF 7/22/08 SECTION 7. IT IS FURTHER ORDAINED that, 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 immedi- ately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this Slh day of August, 2008. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney {OOOlOll2.DOC / 3 } - 6 - JF 7/18/08 tnWN raf TOWN COUNCIL MEETING TOWN OF MARANA 9 n~aa,ar,A ; INFORMATION '~ gti'IZ(iyP MEETING DATE: August 5, 2008 AGENDA ITEM: J. 5 TO: MAYOR AND COUNCIL FROM: Deb Thalasitis, Assistant Town Manager SUBJECT: Resolution 2008-104: Relating to Personnel; approving a salary schedule for classified employees and an action plan for implementation of the classification and compensation study and fiscal year 2008-09 performance management program; and declaring an emergency. DISCUSSION The Town of Marana has completed the classification and compensation study authorized by the Town Council in January, 2008. Following a competitive bid process, the Town engaged the consultant, Milliman, to conduct the study, the results of which are discussed here. This communication requests Council approval for the classified employee salary schedule and action plan for implementing the study results along with the FY 2008-09 pay for performance program with an effective date of September 13, 2008 (the first full pay period in September). Any changes to employee pay will- appear on the October 3, 2008 pay check. Market Survey Results In accordance with Council direction, the market for classified positions included communities of similar size, along with several specialty agencies for certain positions, such as those related to water and utilities. The market also included data from 12 published survey sources. The following entities responded to the custom survey conducted by Milliman. Cities and Towns Specialty A _ eg ncies Town of Buckeye Marana Unified School District City of Bullhead City Tucson Unified School District City of Casa Grande Tucson Water (via City of Tucson) City of El Mirage City of Goodyear Counties Town of Oro Valley Pima County Town of Queen Creek Cochise County City of Sierra Vista City of Avondale Town of Sahuarita City of Tucson {00010336.DOC/2j. 07/29/2008 The Milliman study compared market information for 131 of the 141 classified positions included in the study. Milliman concluded that the cash compensation paid to employees at the Town of Marana is at or above the 25th percentile on average. This is driven by 72 percent of the Town's classified employees whose actual pay rate (cash compensation) is below the 50th percentile of the market. When factoring in the Town's benefits package, the Town's market position with regard to "total compensation" (salary and benefits) improves considerably and is an advantage when recruiting talent from the private sector. The benefit largely responsible for this improvement is the Town's participation in the Arizona State Retirement System. Because this or a similar retirement benefit is offered by other public employers, the adjustments recommended to the salary schedule and recommended actions for implementation will allow cash compensation to remain competitive with other public employers for the Town's higher performing employees. Classified Employee Pav Schedule Milliman has recommended a salary schedule based on the market information obtained during the study. The salary schedule was developed by taking the jobs with similar market values at the low end, and establishing the midpoint of the lowest, or first salary grade. The first grade is labeled "Grade 10." The midpoint is exactly the middle of the salary range. Subsequent (higher) salary grades were added by increasing the mid-point by 10 percent. A total of 17 grades were required to place all of the 141 classified jobs in the salary schedule. Once the grades were established, jobs were placed in a particular grade based on the job's actual market value relative to the midpoint of the grade. Because the midpoint is the exact middle of a range, the top of each of the 17 pay ranges was determined by adding 25 percent, and conversely, the bottom was determined by deducting 25 percent for a total 50 percent spread from the minimum of a salary grade to the maximum of a salary grade. The Town's current classified salary schedule also contains a 50 percent spread between the minimum and maximum of each grade. However, the current structure contains 53 grades, while the new structure contains 17. The market study has allowed the placement of jobs similar in market value into the same salary grades, thereby reducing the need for so many salary grades. Proposed Pav Adiustments Implementing the new salary- structure will give experienced, high performing employees the opportunity to earn cash compensation at the 50th percentile or above of the market over time. There are also immediate impacts to the change in structure that are generally dealt with by providing incumbent employees with some type of pay adjustment. Based on Council direction early in the study, staff is recommending that any such pay adjustment be based not only on the market study, but on an employee's actual job performance. The Town's performance management system will serve as the vehicle to achieve the pay adjustments that are being recommended here. The adjustments recommended to implement the market study in FY 2008-09 are intended to provide the greatest amount of change in base pay to high performing employees whose salaries {00010336.DOC / 2} -2- are below the midpoint of their "new" salary range. The chart below shows how actual employee pay is distributed throughout the new salary structure. The midpoint is represented by the line between quadrant two (2) and three (3). High performing employees in quadrant two (2) and below will be eligible for the largest amount of pay increase. --_ Under Min Q1 Q2 Q3 Q4 Over Max 48 68 56 42 13 13 20% 28.3% 23.3% 17.5% 5.4% 5.4% SOt Percentile Based on the Town's performance rating system shown in the far left-hand column of the .chart below, staff is proposing the following strategies for employee pay in FY 2008-2009. Pay is based on the performance rating for the performance period July 1, 2007 -June 30, 2008. If Belo~~ Min If Below Mid Merit One-Time PERFORMANCE RATING Greater of Lesser of 2% Up to 3% _ Perfunnance MIN or 2"~~~ i or 'S to Mid add to base Award Far exceeded in all areas / / 3% / Consistently exceeded in all areas / / 3% / Consistently met and exceeded in / / 2.5% / man key areas Consistently met in all areas / / 2% $0 Did not meet 0% 0% 0% $0 Estimated Cost $146,000 $99,000 $333,227 $166,000* *Note: Performance Award is a one-time payment, not added to an employee's base pay. It is paid as a lump sum. If approved, the pay adjustments summarized in the above chart would be implemented effective the first full pay period in September (September 13, 2008) as follows: Minimum Adjustment If Below Min) -Employees whose salaries fall below the minimum of the new salary range for their position will be eligible for a two percent pay adjustment to base salary or will move to the minimum of the new salary range, whichever is greater, provided that an employee's performance rating is "consistently met in all areas" or higher. Employees whose performance "did not meet," will have any "below min" adjustment held in abeyance until performance is rated as "consistently met in all areas." Probationary employees whose pay is below the minimum will be eligible for a minimum adjustment upon satisfactory completion of the probationary period (which may fall after the September 13, 2008 implementation date). Midpoint Adjustment (If Below Mid) -Non-probationary employees whose salaries fall below the midpoint of the new salary range for their position, but are above the new minimum, will be eligible for a two percent pay adjustment to base salary or will move to the midpoint of the new range, whichever is lesser, provided that an employee's performance rating is "consistently met in all areas" or higher. Employees whose performance "did not meet," are not eligible for a {00010336.DOC /2} -3 - midpoint adjustment. Employees who receive a "minimum adjustment" are not eligible for a "midpoint adjustment." .Probationary employees as of September 13, 2008 are not eligible for a midpoint adjustment. Merit Award -Employees are eligible for a merit adjustment to base salary based on performance during the performance period (July 1, 2007 -June 30, 2008) as follows: Far exceeded in all areas 3.0% Consistently exceeded in all areas 3.0% Consistently met and exceeded in many key areas 2.5% Consistently met in all areas 2.0% Did not meet 0.0% Merit awards for probationary employees shall be prorated based on the months of actual service achieved during the performance period (FY 2007-2008) and maybe awarded no earlier than satisfactory completion of the probationary period and no later than the employee's anniversary date. Performance Award -Upon recommendation of their department head, non-probationary employees whose performance is rated at least "consistently met and exceeded in many key areas" maybe eligible for a one time (lump sum) performance award: This award must be justified by the department head based on significant contributions to the Town during the last fiscal year and approved by the Town Manager. The Town Manager will establish guidelines for the performance award program. The amount of the award and the number ofnon-probationary employees receiving the award per department is limited by the funds allocated to that department. One time funds in the amount of $166,000 will be allocated based on the total payroll of a department or group of departments. FINANCIAL IMPACT The ongoing operating funds needed to implement the classification and compensation study results, including the new salary schedule for classified employees, were anticipated in the FY 2008-09 budget that was adopted by the Town Council in June. A conservative estimate of the anticipated annualized salary costs are shown below. Actual costs for FY 2008-09 (10 month total) are less, due to the September implementation date and are well within the $1 million budgeted. An additional $166,000 in one time money for the lump sum performance awards will come from anticipated budget savings. The performance award does not create an ongoing increase to an employee's base salary or an ongoing obligation to the Town. Adjustment to Minimum Adjustment to Midpoint Merit Executive Compensation MPOA Settlement ANNUAL TOTAL 10 MONTH TOTAL $ 146,000 $ 99,000 $ 333,227 $ 101,000 $ 366,000 $1,045,227 $ 932,000 ATTACHMENTS 1) Classified Employee Salary Schedule 2) Action Plan for Classification and Compensation Study Implementation/FY 2008-09 Performance Management Program. RECOMMENDATION Staff recommends adoption of the Classified Employee Salary Schedule and the Action Plan for Classification and Compensation Study Implementation/FY 2008-09 Performance Management Program.. SUGGESTED MOTION I move to adopt Resolution 2008-104. MARANA RESOLUTION N0.2008-104 RELATING TO PERSONNEL; APPROVING A SALARY SCHEDULE FOR CLASSIFIED EMPLOYEES AND AN ACTION PLAN FOR IMPLEMENTATION. OF THE CLASSIFICATION AND COMPENSATION STUDY AND FISCAL YEAR 2008-09 PERFORMANCE MANAGEMENT PROGRAM; AND DECLARING AN EMERGENCY. WHEREAS the Town of Marana periodically conducts a study of salaries and benefits to ensure alignment with comparable organizations; and WHEREAS a competitive market position is established by comparing the Town of Marana to organizations that are of similar size and geographical location; and WHEREAS the Town's compensation and benefits consulting firm, Milliman, has conducted a salary survey of organizations meeting this criteria and has made recommendations to the Town; and WHEREAS the Marana Town Code, Section 3-3-1, provides that the Town Council shall adopt a personnel system for classified employees of the Town; and WHEREAS the Town's Personnel Policies and Procedures, Policy 3-2, provides that the Town Council and Town Manager shall ensure the preparation, development and maintenance of a classification plan for classified employees; and WHEREAS the Town's Personnel Policies and Procedures, Policy 3-3, provides that the Town Council shall adopt a salary schedule for classified employees; and WHEREAS the Town desires to retain a competitive market position for the recruitment and retention of employees that make up the classified service and to establish salary schedules for recruiting, selecting and rewarding employees in the classified service; and WHEREAS the Town Council desires to base pay adjustments on employee performance as it contributes to the overall mission of the Town and service to its citizens and to establish an action plan for implementing the classification and compensation study based on the Town's performance management program. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Town of Marana hereby approves the Classified Salary Schedule attached to and incorporated by this reference in this resolution as Exhibit A and the Action Plan for Classification and Compensation Study Implementation/FY 2008-09 Performance Management Program attached to and incorporated by this reference in this resolution as Exhibit B. {00010337.DOC / 2} 7/22/2008 JF SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further' tasks required or beneficial to implement the Classified Salary Schedule in Exhibit A and the Action Plan for Classification and Compensation Study Implementation/FY 2008-09 Performance Management Program in Exhibit B. SECTION 3. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, an emergency is hereby declared to exist, and this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 5th day of August, 2008. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00010337.DOC / 2} -2- Action Plan for Classification and Compensation Study Implementation/FI' 2008-09 Performance Management Program Based on the Town's performance rating system shown in the far left-hand column of the chart below, staff the following action plan shall be implemented for employee pay in FY 2008-2009. Pay is based on the performance rating for the performance period July 1, 2007 -June 30, 2008. If Below _-_ If Below !~~~crit _ --- Onc-Time PERFORMANCE RATING 'Min I~1id Greater of Lesscr of Ui~ to 3°~~, Perfi~i7~~atlce ?~~1fN ~r ?r' i~ ?~' ~~ or `~ to add to Award Ntid base Far exceeded in all areas / / 3% / Consistently exceeded in all / / 3% / areas Consistently met and / / 2.5% / exceeded in many key areas Consistentl met in all areas / / 2% $0 Did not meet 0% 0% 0% $0 Estimated Cost $146,000 $99,000 $333,227 $166,000* *Note: Performance Award is a one-time payment, not added to an employee's base pay. It is paid as a lump sum. If approved, the pay adjustments summarized in the above chart would be implemented effective the first full pay period in September (September 13, 2008) as follows: Minimum Adjustment If Below Min) -Employees whose salaries. fall below the minimum of the new salary range for their position will be eligible for a two percent pay adjustment to base salary or will move to the minimum of the new salary .range, whichever is greater, provided that an employee's performance rating is "consistently met in all areas" or higher. Employees whose performance "did not meet," will have any "below min" adjustment held in abeyance until performance is rated as "consistently met in all areas." Probationary employees whose pay is below the minimum will be eligible for a minimum adjustment upon satisfactory completion of the probationary period (which may fall after the September 13, 2008 implementation date). Midpoint Adjustment (If Below Midi -Non-probationary employees whose salaries fall below the midpoint of the new salary range for their position, but are above the new minimum, will be eligible for a two percent pay adjustment to base salary or will move to the midpoint of the new range, whichever is lesser, provided that an employee's performance rating is "consistently met in all areas" or higher. Employees whose performance "did not meet," are not eligible for a midpoint adjustment. Employees who receive a "minimum adjustment" are not eligible for a "midpoint adjustment." Probationary employees as of September 13, 2008 are not eligible for a midpoint adjustment. {00010338.DOC / 2} Page 1 of 2 Excludes positions covered under the July 1, 2008 -June 30, 2010 MPOA Agreement Action Plan for Classification and Compensation Study Implementation/FY 2008-09 Performance Management Program Merit Award -Employees are eligible for a merit adjustment to base salary based on performance during the performance period (July 1, 2007 -June 30, 2008) as follows: Far exceeded in all areas 3.0% Consistently exceeded in all areas 3.0% Consistently met and exceeded in many key areas 2.5% Consistently met in all areas 2.0% Did not meet 0.0% Merit awards for probationary employees shall be prorated based on the months of actual service achieved during the performance period (FY 2007-2008) and maybe awarded no earlier than satisfactory completion of the probationary period and no later than the employee's anniversary date. Performance Award -Upon recommendation of their department head, non-probationary employees whose performance is rated at least "consistently met and exceeded in many key areas" maybe eligible for a one time (lump sum) performance award. This award must be justified by the department head based on significant contributions to the Town during the last fiscal year and approved by the Town Manager. The Town Manager will establish guidelines for the performance award program. The amount of the award and the number ofnon-probationary employees receiving the award per department is limited by the funds allocated to that department. One time funds in the amount of $166,000 will be allocated based on the total payroll of a department or group of departments. {oooio33s.noc i 2} Page 2 of 2 Excludes positions covered under the July 1, 2008 -June 30, 2010 MPOA Agreement a a N 00 N i-- Q O a W J W ~ C G V N Q N _ ~ H J (~ ~ W N ~ t L // ~/~ V // A '' V/ J V ~r~~ ror ~ ro~~~ ro~ ~ ~~~~ e ~ Z° ~ ~ Z Q ~ Z° Q ~ Z ~ ~ Z COO p~ ~ O r O O N N O S i4 O O M O B ~ N ~ p pp 'ct ~ ~ ~ T CA O ~j ~ ~ ~~~ CO ~ ~ O 00 N ~ M ai 6N4 N ~ EA ~ N ~ 69 6M9 N ~ Ef3 ~ M ~ A C ~ M ~ EA E O O CO O O 000 O Cfl 0 ~ ~ O N ~ ~ O ~~ COO ~ ~ O CO N p0) ~ 0 0 ~ O ~ to O !~ N r C'7 O tN ~ M e- (h ~ ~ ~ ~ CA El} ~ N EA EA ~, N E9 d} ~ -- ~ N ~ d} ~ N ~} ~ ~ O p ~ N ~• p O E N~ T. O O~ r, N ~ M d' ~ 0 1 ~ N C O 0 O H O ,M ~_ O ~~ N ~~~ 69 ~ A N~ C ? Efl ~ fl N C EA `- ~ 9 N S ER N ~ R N E ~} N ~' 4 C E b E d a a E E n E a E a s E E o. o. 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E X W m m 0 ti Cy C 3 3 N ~ d ~ 'a C7 O H a ~'Q 8a ~o a~ a ~~ ~~ {(i'NN OF TOWN COUNCIL MEETING TOWN OF MARANA 9 Mnr~Arv,a ; INFORMATION - ARIZUNP MEETING DATE: August 5, 2008 AGENDA ITEM: J. 6 TO: MAYOR AND COUNCIL .FROM: Frank Cassidy, Town Attorney SUBJECT: Resolution No. 2008-105: Relating to Utilities; adopting a notice of intention to adopt wastewater rates, rate components, fees, and service charges, and setting a September 16, 2008 public hearing on the proposed adoption. DISCUSSION The Town needs to adopt rates and fees for operation and maintenance of the Marana wastewater utility, to assure sufficient funding of operation and maintenance activities when the facilities are transferred from Pima County to Marana. The Town is proposing wastewater utility rates and fees closely comparable to those currently charged by Pima County. To assure that the Town may continue to charge those rates and fees after the transfer, they should be separately adopted by the Town. Arizona law (A.R.S. § 9-511.01) requires the Town Council to adopt a notice of intention to adopt wastewater rates, rate components, fees or service charges, and to set a date for a public hearing on the proposed adoption not less than 30 days after the notice of intention is adopted. The economic consulting. firm Economists.com has prepared a written report consisting of a wastewater rate model and other relevant information which is available to the public and on file in the office of the Town Clerk. The wastewater rates, rate components, fees, and service charges set forth in the Economists.com report are needed to fund the operation and maintenance of the Marana wastewater utility when the wastewater conveyance system is transferred from Pima County. Town staff recommends that the Council adopt this notice of intention and set a September 16, 2008 public hearing on the adoption of wastewater rates and fees. The rates and fees may be adopted at any time after the public hearing. If adopted on September 16, the Town's wastewater rates and fees will go into effect on October 16, 2008 or the date the Town takes. over the waste- water conveyance system from Pima County, whichever is later. RECOMMENDATION Staff recommends adoption of Resolution No. 2008-105, adopting a notice of intention to adopt wastewater rates, rate .components, fees and service charges, and setting a public hearing on them. {00010331.DOC /} - 1 - FJC/cds 7/24/08 FINANCIAL IMPACT This item will give the Town's wastewater utility the funding necessary to operate as an enter- prise for budgeting purposes. SUGGESTED MOTION I move to adopt Resolution No. 2008-105. {00010331.DOC /} - 2 - FJC/cds 7/24/08 MARANA RESOLUTION N0.2008-105 RELATING TO UTILITIES; ADOPTING A NOTICE OF INTENTION TO ADOPT WASTEWATER RATES, RATE COMPONENTS, FEES, AND SERVICE CHARGES, AND SETTING A SEPTEMBER 16, 2008 PUBLIC HEARING ON THE PROPOSED ADOPTION. WHEREAS the Town of Marana is preparing to take over from Pima County the wastewater conveyance system serving the Town limits; and WHEREAS A.R.S. § 9-511.01 requires the Town Council to adopt a notice of intention to increase water and wastewater rates, rate components, fees or service charges and to release to the public a written report containing certain required information about the rates, rate components, fees and service charges; and WHEREAS the notice of intention is the first step in adopting the rates, rate components, fees and service charges the Town needs to operate the system at the time of the takeover; and WHEREAS the statutorily required report is on file in the office of the Town Clerk. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that a notice of intention to set wastewater rates, rate components, fees and service charges is hereby adopted, and a public hearing on the proposed adoption is hereby set for the regular Town Council meeting on September 16, 2008.. 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. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 5th day of August, 2008. ATTEST: Jocelyn C. Bronson, Town Clerk Mayor Ed Honea APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00010332.DOC /} FJC/cds 7/24/08 SOWN pE, TOWN COUNCIL MEETING TOWN OF MARANA v MARANA ~ INFORMATION ~''''' gRIZON~' MEETING DATE: August 5, 2008 AGENDA ITEM: J. 7 TO: MAYOR AND COUNCIL FROM: Frank Cassidy, Town Attorney SUBJECT: Resolution No. 2008-106: Relating to Utilities; adopting a notice of intention to adopt wastewater treatment development impact fees, and setting an October 7, 2008 public hearing on the proposed adoption. DISCUSSION The Town needs to adopt wastewater treatment development impact fees (DIFs), also sometimes referred to as connection fees, to cover the Town's anticipated cost of providing wastewater treatment capacity to serve new development. Adoption of these DIFs will assure sufficient fund- ing for the construction of wastewater treatment plant capacity when the Town takes over the Marana wastewater utility from Pima County. The Town's proposed wastewater treatment DIFs are lower than the sewer connection fees currently charged by Pima County. To assure that the Town may continue to charge for connection after the transfer, the wastewater treatment DIFs should be separately adopted by the Town. Arizona law (A.R.S. § 9-463.05 (C)) requires a municipality to give at least 60 days' advance notice of intention to assess a new or modified DIF and to release to the public a written report that identifies the methodology for calculating the amount of the DIF, explains the relationship between the DIF and the infrastructure improvement plan, includes documentation that supports the assessment of the DIF, and identifies any index to be used for automatic adjustment of the DIF. A DIF may be adopted not less than 30 days after the public hearing, and may not go into effect unti175 days after adoption. In keeping with these statutorily mandated timeframes, Town staff recommends the following schedule for the wastewater treatment DIFs: August 5, 2008 -Adopt notice of intention/notice of public hearing October 7, 2008 -Hold public hearing November 18, 2008 -Formally adopt the DIFs February 1, 2009* -DIFs go into effect The economic consulting firm Economists.com has prepared the .wastewater treatment DIF re- port which addresses all of the statutory requirements. Three copies of the report are on file with the Marana Town Clerk and available for public viewing. *or later, if the Town has not yet taken control of the Marana wastewater utility {0001o376.DOC/} FJC/cds 7/24/08 Town staff recommends that the Council adopt this notice of intention and set an October 7 pub- lic hearing on the adoption of wastewater treatment DIFs. These DIFs will.allow the Town to collect funding from new development in an amount sufficient to pay for wastewater treatment capacity needed to serve the new development. RECOMMENDATION Staff recommends adoption of Resolution No. 2008-106, adopting a notice of intention to adopt wastewater treatment DIFs, and setting an October 7 public hearing on the same. FINANCIAL IMPACT This item will give the Town's wastewater utility the funding necessary to provide wastewater treatment capacity for new development as it occurs. SUGGESTED MOTION I move to adopt Resolution No. 2008-106. -2- MARANA RESOLUTION N0.2008-106 RELATING TO UTILITIES; ADOPTING A NOTICE OF INTENTION TO ADOPT WASTEWATER TREATMENT DEVELOPMENT IMPACT FEES, AND SETTING AN OCTOBER 7, 2008 PUBLIC HEARING ON THE PROPOSED ADOPTION. WHEREAS the Town of Marana is preparing to take over from Pima County the wastewater utility serving the Town limits; and WHEREAS A.R.S. § 9-463.05 requires a municipality to give at least 60 days' advance notice of intention to assess a new or modified development impact fee and to release to the public a written report containing certain required information about the fee; and WHEREAS the notice of intention is the first step in adopting the wastewater treatment development impact fees the Town will need to assure sufficient funding for the construction of wastewater treatment plant capacity when the Town takes over the Marana wastewater utility from Pima County; and WHEREAS the statutorily required report is on file in the office of the Town Clerk. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that a notice of intention to adopt wastewater treatment development impact fees is hereby adopted, and a public hearing on the proposed adoption is hereby set for the regular Town Council meeting on October 7, 2008. 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. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 5th day of August, 2008. ATTEST: Mayor Ed Honea APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney {00010379.DOC /} 7/24/2008 5:04 PM FJC ,~nW N ~F. TOWN COUNCIL MEETING TOWN OF MARANA 9 MARANA ~ INFORMATION ~~ '4RIZON~' . MEETING DATE: August 5, 2008 AGENDA ITEM: J. 8 TO: MAYOR AND COUNCIL FROM: Deb Thalasitis, Assistant Town Manager SUBJECT: Resolution No. 2008-107: Relating to Municipal Court; appoint- ing Charles Davies as Marana Town Magistrate for atwo-year term beginning September 1, 2008; approving and authorizing the mayor to execute an employment agreement between the Town of Marana and Charles Davies. DISCUSSION At its July 23, 2008 meeting, the Town Council directed staff to complete the final post- fingerprinting background check and to negotiate and prepare a Marana Town Magistrate em- ployment agreement with Mr. Charles (Chuck) Davies for Town Council consideration, along with the formal Marana. Town Magistrate appointment. Staff has completed the work as directed.. This agenda item seeks formal council appointment of Mr. Charles (Chuck) Davies as the Town Magistrate, along with approval of the employment agreement between the Town and Mr. Davies. The employment agreement for Town Magistrate provides for salary and benefit considerations and covers the period from September 1, 2008 through August 31, 2010. Mr. Davies was selected for the position of Town Magistrate following a recruitment and selec- tion process that began on May 14, 2008 with advertisement of the vacancy. A total of 16 indi- viduals applied for the position, and 14 of those met the minimum qualifications established by the Town Council at its May 13, 2008 meeting.. The Council appointed asub-committee of Council members to work with the Honorable Jan Kearney, Presiding Judge of Pima County Su- perior Court and Acting Town Magistrate, and Assistant Town Manager Deb Thalasitis to evalu- ate the 14 qualified applications and .make recommendations for interviews. Council members serving on the sub-committee were Carol McGorray, Russell Clanagan and Roxanne Ziegler. After reviewing the subcommittee's recommendation, six candidates were selected by the Town Council for interviews which were conducted on July 23, 2008. Following the interviews the Town Council directed staff to begin negotiations with Mr. Charles (Chuck) Davies. Mr. Davies has served as the Chief Public Defender for the City of Tucson for the past 20 years. {00010414.DOC /} 7/29/2008 JF ATTACHMENTS Employment agreement RECOMMENDATION Staff recommends approval of Resolution No. 2008-107, appointing Mr. Charles Davies to the position of Town Magistrate and approving the employment agreement with Mr. Davies. SUGGESTED MOTION I move to adopt Resolution No. 2008-107. {00010414.DOC/} -2- MARANA RESOLUTION N0.2008-107 RELATING TO MUNICIPAL COURT; APPOINTING CHARLES DAMES AS MARANA TOWN MAGISTRATE FOR ATWO-YEAR TERM BEGINNING SEPTEMBER 1, 2008; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN EMPLOYMENT AGREEMENT BETWEEN THE TOWN OF MARANA AND CHARLES DAMES. WHEREAS the position of Marana Town Magistrate is currently vacant; and WHEREAS Marana Town Code Section 5-2-1 provides that the Town Magistrate shall be appointed by the Town Council to a two year term beginning July 1 of each even numbered year; and WHEREAS the Town Council conducted an extensive recruitment and selection process in order to obtain a highly qualified candidate for the position of Town Magistrate; and WHEREAS, following the conclusion of the recruitment and selection process, the Town Council desires to appoint Charles Davies as Marana Town Magistrate. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Mayor is hereby authorized to execute the employment agreement attached as Exhibit A, and Charles Davies is hereby appointed as Marana Town Magistrate for atwo-year term beginning on September 1, 2008. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 5th day of August, 2008. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney {0001041 S.DOC /} JF 7/29/08 TOWN MAGISTRATE EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT ("this Agreement") is made by and between the Town of MARANA, an Arizona municipal corporation (the "Town"), and Charles Davies (the "Judge") for magistrate services. The Town and the Judge are collectively referred to in this Agreement as the "Parties" and are sometimes individually referred to as the "Party." RECITALS A. The Town has established the Marana Municipal Court pursuant to A.R.S. § 22-402, and has established the position of Marana Town Magistrate pursuant to A.R.S. § 22-403. B. The Judge is a member in good standing of the State Bar of Arizona with extensive Arizona civil and criminal courtroom experience. C. The Judge has been hired as Marana Town Magistrate, and the Parties desire to enter into this Agreement to set forth the responsibilities and obligations of both parties. Now, THEREFORE, in consideration of the foregoing premises and the mutual promises. and agreements set forth in this Agreement, the Parties hereby agree as follows: Article 1. Magistrate Appointment and Compensation 1.1. Appointment. The Town hereby appoints and employs the Judge as Marana Town Magistrate for the two year term beginning September 1, 2008 and ending August 31,.2010. 1.2. Compensation. The Judge shall be paid a base salary of $ 100,000 per year for the period of this Agreement, modified by any increases noted herein. 1.3. Cost of Living Adjustments. The Judge shall not be entitled to receive cost of living adjustments during the term of this Agreement. 1.4. Annual Salary Adjustment. The Parties recognize that performance reviews and merit- based salary adjustments would not be consistent with maintaining the independence of the Marana Town Magistrate. On the other hand, restricting the Judge's compensation to base salary would provide lesser salary increases than are typical for unclassified (management) employees of the Town. To balance these considerations, the Parties agree that the Judge's salary shall be adjusted upward by two and-a-half percent on July 1, 2009. 1.5. Annual Arizona Judicial Conference. The Judge shall be permitted to attend the annual Arizona Judicial Conference, and the Town shall pay mileage expenses and standard reasonable lodging and meal reimbursements for his attendance, provided that the Judge shall satisfy any continuing legal education requirements at the conference, and any other continuing legal education requirements shall be satisfied by attendance at seminars within the State of Arizona. 1.6. Status. For purposes of determining employee benefits, the Judge shall be an employee of the Town, and not an independent contractor, and shall receive all of the normal employee benefits accruing to other Town employees with the following exceptions. The Judge shall be granted 40 hours of additional personal leave annually on January 1 of each year, except that the hours for 2008 shall be granted on September 1, 2008 The 40 hours of personal leave shall not {00010412.DOC / 2} PAGE 1 OF 4 3/31/2008 8:48 AM FJC accrue and will be forfeited if not used within each calendar year. The Judge shall accrue annual vacation at the rate of 4.62 hours per pay period. Annual vacation accruals shall not exceed 240 hours. Any accumulated vacation hours in excess of 240 hours on September 1 of each year shall be forfeited. 1.7. Judicial Independence. Notwithstanding the Judge's status as a Town employee for purposes of determining benefits, the .authority, if any, of the Town over the Judge shall be limited given the obligation to maintain the independence and integrity of the judiciary. Nevertheless, -the Parties agree that the Judge shall comply with all applicable State and Federal laws and with the Town's personnel policies. 1.8. Administrative Modifications. The parties recognize that changes in Magistrate Court personnel and fluctuations in Magistrate Court usage may require modification of the administrative duties of the Marana Town Magistrate and other Magistrate Court employees. The parties agree to cooperate and coordinate in making adjustments to the duties of the Marana Magistrate and other Magistrate Court employees, as necessary, to adjust to these changes. Article 2. Full Time Employment 2.1. Work Week. The Parties acknowledge and agree that the position of Marana Town Magistrate is a full time, forty-hour a week job, considering the Marana Town Magistrate's duties at the Magistrate Court and responsibility to attend other meetings and functions of the Court and the Town.. Consequently, the Judge shall typically work normal work hours (Monday through Friday, 8 A.M. to 5 P.M.), vacation and sick days and holidays excepted. Article 3. Community Service 3.1. The Judge shall be available for and participate in such community outreach and community service activities as the Judge determines are consistent with and do not create a conflict of interest or any appearance of impropriety with his position as Town Magistrate. Any hours spent participating in community service activities shall be included for purposes of work load tracking under Article 2. Article 4. Termination 4.1. By the Jude. The Judge may terminate this Agreement at any time. 4.2. By the Town. The Town may terminate this Agreement in any manner consistent with the laws of the State of Arizona, including without limitation termination for cause after a due process hearing or upon removal of the Judge from the office of Marana Town Magistrate by the Arizona Supreme Court pursuant to Article 6.1, Section 2 or Section 3 of the Arizona Constitution. 4.3. By Death. This Agreement automatically terminates upon the Judge's death. 4.4. B~. This Agreement terminates on August 31, 2010, if not previously terminated pursuant to other provisions of this Article. 4.5. Effect of Termination. The Judge's status as a Town employee, and his rights to receive compensation and benefits, shall terminate upon the termination of this Agreement. The amount of the Judge's compensation shall be pro-rated based on the termination date. {00010412.DOC / 2} PAGE 2 OF 4 3/31/2008 8:48 AM F7C Article 5. General Terms and Conditions. 5.1. Effective Date. This Agreement shall become effective upon its execution by all the Parties and the effective date of the resolution or action of the Town Council approving this Agreement (the "Effective Date"). 5.2. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterparts may be removed from such counterparts and such signature pages all attached to a single instrument so that the signatures of all Parties may be physically attached to a single .document. 5.3. Severability. If any provision of this Agreement is declared void or unenforceable, it shall be severed from the remainder of this Agreement, which shall otherwise remain in full force and effect. 5.4. Governing Law. This Agreement is entered into in Arizona and shall be construed and interpreted under the laws of Arizona, and the Parties agree that any litigation or arbitration shall take place in Pima County, Arizona. 5.5. Interpretation. This Agreement has been negotiated by the Town and the Judge, and no party shall be deemed to have drafted this Agreement for purposes of construing any portion of this Agreement for or against any party. 5.6. Conflict of Interest. This Agreement is subject to A.R.S. § 38-511, which provides for cancellation of contracts in certain instances involving conflicts of interest. IN wiTNESS WHEREOF, the Parties have executed this Agreement as of the last date set forth below their respective signatures. "THE TOWN": THE TowN of MARANA, an Arizona municipal corporation By: Date: Ed Honea, Mayor ATTEST: Jocelyn C. Bronson, Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00010412.DOC / 2} PAGE 3 OF 4 3/31/2008 8:48 AM FJC "THE JUDGE": G~~c~l~t~./ Charles Davie Date: ~ ~9 ~ {00010412.DOC / 2} PAGE 4 OF 4 3/31/2008 8:48 AM FJC