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HomeMy WebLinkAbout12/02/2008 Council Agenda Packet• ~! ~~ ~~1~ ~~~ REGULAR COUNCII. MEETING NOTICE AND AGENDA 1.1555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, December 2, 2008, at or after 7:00 PM Ed Honea, Mayor Herb Kai, Vice Mayor Russell Clanagan, Council Member Patti Comerford, Council Member Carol McGorray, Council Member Jon Post, Council Member Roxanne Ziegler, Council Member 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 lease turn off or put in silent mode all pagers and cell phones. Meeting Times 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. Speaking at Meetings 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. Accessibility 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 Regular Council Meeting -December 2, 2008 -Page 1 of 67 • special services are available upon prior request to the Town Clerk at least 10 working days prior to he Council meeting. Agendas Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online at www.marana.com, by linking to the Town Clerk page under Agendas, Minutes and 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 Monday, December 01, 2008, 7:00. PM, at the Marana Municipal Complex, the Marana Operations Center and at wwwmarana.com under Town Clerk, Agendas, Minutes and Ordinances. REGULAR MEETING CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE APPROVAL OF AGENDA CALL TO THE PUBLIC At this time any member of the public is allowed to address the Town Council on any issue 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. PRESENTATIONS P l: Presentation: Relating to Alternative Expenditure Limitation (Home Rule} (Erik Montague) ANNOUNCEMENTS/UPDATES PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS STAFF REPORTS GENERAL ORDER OF BUSINESS CONSENT AGENDA Regular Council Meeting -December 2, 2008 -Page 2 of 67 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. C l: Resolution No. 2008-157: Relating to the Police Department; Approving and authorizing the Mayor to execute two Subgrantee Agreements with the Arizona Department of Homeland Security for purposes of receiving funds under the 2008 Operation Stonegarden Grant Program (T VanHook) C 2: Resolution No. 2008-158: Relating to the Police Department; approving and authorizing the Chief of Police to execute a task force agreement between the Marana Police Department and the United States Department of Justice, Drug Enforcement Administration (Terry Tometich) C 3: Resolution No. 2008-159: Relating to Community Development; approving and authorizing amendments to Intergovernmental Agreements (IGA) with Pima County. to extend Community Development Block Grant Program funding until December 31, 2009 to complete implementation of the 2006-2007 and 2007-2008 Community Block Grant Program (T VanHook) C 4: Resolution No. 2008-160: Relating to Community Development; granting $5,000 in Discretionary Funding to the Pima Council on Aging, an Arizona 501(c) (3) non-profit organization to support the Mature Worker Connection activities for • Marana senior citizens (T VanHook) C 5: Resolution No. 2008-161: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board fora new No. 12 (Restaurant) liquor license submitted by Aric Kaiser Mussman on behalf of Vero Amore, located at 12130 N. Dove Mountain Blvd., Suite 104 (Jocelyn Bronson, MMC) C 6: Resolution No. 2008-162: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a new No. 12 (Restaurant) liquor license submitted by Michael George Wystrach on behalf of Steak Out Restaurant & Saloon, 3620 W. Tangerine Road (Jocelyn Bronson, MMC) C 7: Minutes of the November 18, 2008 regular council meeting COUNCIL ACTION A 1: Resolution No. 2008-163: Relating to Intergovernmental Relations; authorizing and directing those authorized to lobby on behalf of the Town of Marana to represent and pursue the Town of Marana 2009 Arizona State Legislative Agenda Issues (Gilbert Davidson) A 2: Resolution No. 2008-164: Relating to Development; Adopting and authorizing the Mayor to execute a First Amendment to the Foothills Development Agreement with Tapestry Properties III, L.L.C., regarding the Foothills (Tapestry) Development Project (Frank Cassidy) • BOARDS, COMMISSIONS AND COMMITTEES Regular Council Meeting -December 2, 2008 -Page 3 of 67 • ITEMS FOR DISCUSSION/POSSIBLE ACTION EXECUTIVE SESSIONS E 1: Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consul ation for legal. advice with the Town Attorney concerning any matter listed on this agenda. E 2: Executive Session pursuant to A.R.S. § 38-43 ] .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 (1) the lawsuit entitled Town. of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008-001131, (2) pending legal issues, settlement discussions and contract negotiations relating to the transition of Marana wastewater collection and treatment to the Town of Marana. E 3: Executive session pursuant to A.R.S. § 38-431.03(A)(4), discussion or consultation with the Town's attorneys to consider its position and instruct its attorneys regarding a November 14, 2008 claim filed by Cortaro-Marana Irrigation District and Cortaro Water Users' Association. 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) ADJOURNMENT • Regular Council Meeting -December 2, 2008 -Page 4 of 67 • ~~~ ~~ TOtI~ mf KWI, 11555 W. CHIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, December 2, 2008, 7:00:00 PM To: Mayor and Council Item P 1 From: Erik Montague ,Finance Director Subject: Presentation: Relating. to Alternative Expenditure Limitation (Home Rule) Discussion: In 1985 and every four years thereafter, the residents of the Town of Marana voted to adopt a local alternative expenditure limitation, also known as the Home Rule Option. The most recent Home Rule Option was approved by the voters in the May 17, 2005 general election and is in effect through fiscal year 2008-09. Under the Home Rule Option, total expenditures for the Town are determined at the time of budget adoption and may exceed those imposed by the State of Arizona. Without the Home Rule Option, Town expenditures may not exceed those set forth by the State. For example, without the Home Rule Option, the State imposed limitation for or fiscal year 2008-09 would have been $11,980,478. The operating budget (excluding capital items) for the General Fund alone for fiscal year 2008-09 is $35,266,137.. The State's limitation is determined by an expenditure base that was established in 1979-80, adjusted. for inflation and population growth over the years. The purpose of this presentation is to provide Council with information on the Home Rule Option and an overview of the process required to extend alternative expenditure limitation. Financial Impact: Presentation item only. ATTACHMENTS: Name: Description: Type: No Attachments Available Staff Recommendation: Presentation item only. Suggested Motion: Presentation item only. • Regular Council Meeting -December 2, 2008 -Page 5 of 67 • ,~ ~~5 ~~~~ ~/ e~ ra.,. ~ ..~... 11555 W. CHIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, December 2, 2008, 7:00:00 PM To: Mayor and Council Item C 1 From: T VanHook ,Community Development Director Subject: _Resolution No. 2008-157: Relating to the Police Department; Approving and authorizing the Mayor to execute two Subgrantee Agreements with. the Arizona Department of Homeland Security for purposes of receiving funds under the 2008 Operation Stonegarden Grant Program Discussion: Operation Stonegarden is a federally funded homeland security initiative involving 14 states. The program provides states the flexibility to use Department of Homeland Security grant funding to • enhance coordination among state and Federal law enforcement agencies at and near the U.S./Mexico border. The program requires states to identify and prioritize solutions to their border security needs and provides funding to state and local agencies to implement the state's individual goals and objectives. Operation Stonegarden was originally funded through the 2006 Emergency Supplemental Appropriations Act for Defense, the Global War on Terror and Hurricane Recovery. Funding was renewed for the current fiscal year, providing the Town of Marana an opportunity to participate and receive funding. Marana's participation with Operation Stone Garden will focus on augmenting and supporting Border Patrol coverage of egress from the border areas with state, local and tribal police agencies. Through participation in this operation, Marana will use its authority to control the routes and reduce the propensity for cross-border crime in the area. Patrols will concentrate on the ] 09 miles of arterial roadways serving as regional east-west connectors between State Route 77 and I-10 and the .more than 57 miles of rural, mostly two-lane roads paralleling I-10 to the west. The Marana Police Department's primary goals are to: (1) reduce crime in border communities to improve the quality of life; (2) deter illegal. entries through teamwork with other local and federal. agencies; (3) assist in the apprehending terrorists and terrorist weapons illegally entering the United States; and (4) coordinate operations with the Pima County Sheriff's Department and U.S. Border Patrol Tucson Sector. Marana, in cooperation with the Pima County Sheriff and U.S. Border Patrol, will deploy officers along prime roadways prone to invoke illegal activity and national security concerns. To support • this initiative Marana will deploy two uniformed officers for eight-hour shifts, three days per week on an on-going basis. If contact and/or interaction is made with certain "persons of interest" notification will be made to the Office of Customs and Border Protection, U.S. Border Patrol Regular Council Meeting -December 2, 2008 -Page 6 of 67 • (USBP) or the appropriate agency Deployments will be based on specific threats which can be targeted and countered and shifts in illegal traffic patterns due to increased enforcement actions.. These activities will be coordinated through the USBP. Marana will identify these shift times and location and address them accordingly. As an active participant in regional planning, emergency operations, and homeland security initiatives, the Marana Police Department has been impacted by increased contacts with. illegal entrants and human. and narcotics smugglers migrating through the community as focused enforcement has caused a deviated travel pattern from the US Mexican Border along the I-IO corridor. Because Marana sits 60 miles from the Mexican Border and hosts segments of rural transportation routes traditionally used to smuggle undocumented workers and drugs up from Mexico, three specific areas will be targeted for Stonegarden activities. Area one: Sandario road from Emigh to Avra Valley. Area two: Silverbell/Twin Peaks Corridor. Area three: Discretionary area to provide flexibility to the Chief of Patrol, USBP. • Funding has been awarded to support overtime ($85,502), mileage reimbursement ($9,900), and two specific pieces of equipment $45,800. This equipment includes a Rugged Miniature Thermal, and a Police Automated License Plate Recognition Technology Graphical Interface. System. The equipment supplied under this program may be used by the Marana Police Department for non-Stonegarden activities as long as it is kept in good working order and available for all Stonegarden related deployments. Financial Impact: The grant funding does not impact the Police Department's operating budget. ATTACHMENTS: Name: ~ Op_era_tion_Ston..e..garden Grant_Reso _DOC Descripti an: Operation Stonegarden Reso Type: Resolution Staff Recommendation: Staff recommends approval of both Subgrantee Agreements with the Arizona Department of Homeland Security for purposes of receiving funds under the 2008 Operation Stonegarden Grant Program. Suggested Motion: • I move to adopt Resolution No. 2008-157 authorizing the Town Manager to execute both Subgrantee Agreements with the Arizona Department of Homeland Security for purposes of receiving funds under the 2008 Operation Stonegarden Grant Program. Regular Council Meeting -December 2, 2008 -Page 7 of 67 MARANA RESOLUTION N0.2008-157 RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE TWO SUBGRANTEE AGREEMENTS WITH THE ARIZONA DEPARTMENT OF HOMELAND SECURITY FOR PURPOSES OF RECEIVING FUNDS UNDER THE 2008 OPERATION STONEGARDEN GRANT PROGRAM WHEREAS the Town of Marana recognizes its duty to protect its citizens concerning matters .involving Homeland and Border Security; and WHEREAS the Marana Police Department is working with the Arizona Department of Homeland Security, United States Border Patrol, and other community agencies as a regional partner in the Operation Stonegarden Program; and WHEREAS the Arizona Department of Homeland Security has awarded grant funding for the provision of overtime pay, mileage reimbursement, and surveillance equipment for services provided incoordination with the .Operation Stonegarden Program; and WHEREAS under the terms of the 2008 Operation Stonegarden Grant Program upon execution of pending Subgrantee Agreements the Town of Marana is eligible to receive funds in the amount of $138,202 from the Arizona Department of Homeland Security for overtime pay, mileage reimbursement, and surveillance equipment. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, approving and authorizing the Mayor to execute the Arizona Department of Homeland Security Stonegarden Subgrantee Agreements and authorizing the Town Manager and staff to take appropriate actions to carry out the terms of the agreements. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 2"d day of December, 2008. ATTEST: • Jocelyn C, Bronson, Town Clerk Mayor Ed Honea APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regular Council Meeting -December 2, 2008 -Page 8 of 67 ,~ ~~~~. 9 ~ 1~~~ W ~1 ,n.,. ~...~... 11555 W. CHIC CENTER DRNE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, December 2, 2008, 7:00:00 PM To: Mayor and Council Item C 2 From: Terry Tometich ,Chief of Police Subject: Resolution No. 2008-158: Relating to the Police Department; approving and authorizing the Chief of Police to execute a task force agreement between the Marana Police Department and the United States Department of Justice, Drug Enforcement Administration Discussion: In March 2005, the Marana Police Department (MPD) teamed up with the United States Department of Justice, Drug Enforcement Administration (DEA) as a member of the DEA • Tucson Task Force. As a part of a task force agreement, MPD assigned experienced Marana Police Department officers to participate as members of the DEA Tucson Task Force. The mission of the Task Force is to disrupt illicit drug traffic in the State of Arizona by immobilizing targeted violators and trafficking organizations, gathering and reporting intelligence data related to drug trafficking, conducting undercover operations where appropriate and engaging in other traditional methods of investigation. This item will authorize Chief Terry Tometich to execute a renewal of the task force agreement between the parties to continue the Marana Police. Department's participation in the efforts to stop drug trafficking in Arizona. ATTACHMENTS: ....Name: Description: Type: ^ Reso re 2008 MPD DEA task force agreement,,_DOC Resolution for approval of agreement Resolution ^ 2008_Task Force Agreement between MPD__and Task Force Agreement Exhibit D E~00011706j,_P D F Staff Recommendation: Staff recommends approval of Resolution No. 2008-158, approving and authorizing the Chief of Police to execute the task force agreement between MPD and DEA. Suggested Motion: I move to adopt Resolution No. 2008-158. Regular Council Meeting -December 2, 2008 -Page 9 of 67 • MARANA RESOLUTION N0.2008-158 RELATING TO THE POLICE DEPARTMENT; APPROVINGAND AI7THORIZING THE CHIEF OF POLICE TO EXECUTE A TASK FORCE AGREEMENT BETWEEN THE MARANA POLICE DEPARTMENT AND THE UNITED STATES DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION WHEREAS evidence has shown that trafficking in narcotics and dangerous drugs exists in the Pima County area; and WHEREAS the United States Department of Justice, Drug Enforcement Administration has established a DEA Tucson Task Force whose mission is to investigate, prosecute and disrupt illicit drug trafficking in the State of Arizona; and WHEREAS the Town of Marana, through its Police Department and the United States De- partment of Justice, Drug Enforcement Administration desire to renew an agreement by which the i Town will be able to continue to participate in the DEA Tucson Task Force; and WHEREAS, the Mayor and Council of the Town of Marana feel it is in the best interests of the public to renew this agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL, OF THE TOWN OF MARANA, that the agreement between the Marana Police Department and the United States Department of Justice, Drug Enforcement Administration, attached to and incorporated by this reference in this resolution as Exhibit A, is hereby approved, and the Chief of Police is hereby au- thorized to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town's 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, and objectives of the intergovernmental agreement. PASSED, ADOPTED, and APPROVED by the Mayor and Council of the Town of Marana, Arizona, this 2"d day of December, 2008. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk • APPROVED AS TO FORM: Regul~rl~l~c~~tl~, e~,~Page 10 of 67 ,. TASK FORCE AGREEMENT BETWEEN DRUG ENFORCEMENT ADMINISTRATION AND MARANA POLICE DEPARTMENT This agreement is made this 30~' day of September, 2008, between the United States Department of Justice, Drug Enforcement Administration {hereinafter "DEA"}, .and Marana Police Department (hereinafter "MPD"). ` WHEREAS there is evidence that trafficking in narcotics and dangerous drugs exists in the area and that such illegal activity has a substantial and detrimental effect on the health and general welfare of the people of the State of Arizona, the parties hereto agree to the following: 1. The DEA Tucson Task Force will perform the activities and duties described below: a. disrupt the illicit drug traffic in the State of Arizona by immobilizing targeted violators and trafficking organizations; b. gather and report intelligence data relating to trafficking in narcotics and . dangerous drugs; and, c. conduct undercover operations where appropriate and engage in other traditional methods of investigation in order that the Task Force's activities will result in effective prosecution before the courts of the United States and the State of Arizona. 2. To accomplish the objectives of the DEA Tucson Task Force, the MPD agrees to detail two experienced officers to the DEA Tucson Task Force for a period of not less than two years. During this period of assignment, the MPD Officers will be under the direct supervision and control of DEA supervisory personnel assigned to the Task Force. 3. The MPD Officers assigned to the Task Force shall adhere to DEA policies and procedures. Failure to adhere to DEA policies and procedures shall be grounds for dismissal from the Task Force. 4. The MPD Officers assigned to the Task Force shall be deputized as Task Force Officers of DEA pursuant to 21 U.S.C. 878. 5. To accomplish the objectives of the DEA Tucson Task Force, DEA will assign a significant number of Special Agents to the Task Force. DEA will also, subject to the availability of annually appropriated funds or any continuing resolution thereof, provide necessary funds and equipment to support the activities of the Regulu~~et~Ii~~~i~t~ti~~'a~~oil~e°A~eement 1 DEA Special Agents and Officers assigned to the Task Force. This support will include: office space, office supplies, travel fiznds, funds for the purchase of evidence and information, investigative equipment, training, and other support items. 6. During the period of assignment to the DEA Tucson Task Force, the MPD will remain responsible for establishing the salary and benefits, including overtime, of the officers assigned to the Task Force, and for making all payments due them. DEA will, subject to availability of funds, reimburse the MPD for overtime payments made by it to the MPD officers assigned to the DEA Tucson Task Force for overtime, up to a sum equivalent to 25 percent of the salary of a GS-12, Step 1, (RUS) Federal employee (currently $16,328.75), per officer. 7. In no event will the MPD charge any indirect cost rate to DEA for the administration or implementation of this agreement. $. The MPD shall maintain on a current basis complete and accurate records and accounts of all obligations and expenditures of funds under this agreement in accordance with .generally accepted accounting principles and instructions provided by DEA to facilitate on-site inspection and auditing of such records and accounts. 9. The MPD shall permit and have readily available for examination and auditing by DEA, the United States Department of Justice, the Comptroller General of the United States, and any of their duly authorized agents and representatives, any and all records, documents, accounts, invoices, receipts or expenditures relating to this agreement. The MPD shall maintain all such reports and records until all audits and examinations are completed and resolved, or for a period of three years after termination of this agreement, whichever is sooner. 10. The MPD shall comply with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, as amended, and all requirements imposed by or pursuant to the regulations of the United States Department of Justice implementing those laws, 28 C.F.R. Part 42, Subparts C, F, G, H, and L 11. The MPD agrees that an authorized officer or employee will execute and return to DEA the attached OJP Farm 4061/6, Certification Regarding Lobbying: Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirements. The MPD acknowledges that this agreement will not take effect and no Federal funds will be awarded to the MPD by DEA until the completed certification is received. • Regul~r~~~u~IialMan~t~~li ~~empbai~n[erit 1 aska~orCe°Agreement 12. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part. with Federal money, the MPD shall clearly state: (1) the percentage of the total cost of the program or project which will be financed with Federal money; anal, (2) the dollar amount of Federal funds for the project or program. 13. The term of this agreement shall be from the date of signature by representatives of both parties to September 30, 2009. This agreement maybe terminated by either party on thirty days' .advance written notice. Billings for all outstanding obligations must be received by DEA within 90 days of the date of termination of this agreement. DEA will be responsible only for obligations incurred by MPD during the term of this agreement. For the Drug Enforcement Administration: r `~S Date 9 - 30 - O 6~ ELIZ TH W. KEMPSHA L Special Agent in Charge For the Marana Police Department: Date 4 - ~ r oC.oo~ TE Y TOMETICH Chief of Police Attachment • Regul~~~~~~t~~~ De~emrbe~2 ent i aska~ C e~l~eement 3 U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS - OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are. required to attest. Applicants should also review the instructions for certification included in the regulations before completing this from. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on .Lobbying" and 28 GFR Part 67, "Government-wide Department and Suspension (Nonprocurement) and Government-wide Requirements for Drug-Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. • • 1. LOBBYING As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons enteringg into a ggrant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that: (a) No Federal appropriate funds have been paid or will be ppaid, by or on behalf of the undersigned, to any person for in- fluencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress m con- nection with the making of any Federal grant,, the entering into of any cooperative agreement, and extension, continuation, renewal, amendment, or mod cation of any Federal grant or cooperative agreement; ~b) If any funds other than Federal appropriated funds have een paid or will be paid to any person for influencing or at- tempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress m connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; ((c The undersigned shall require that the Ian uage of this cer- fification be included in the award documents ~or all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all. sub- recipients shalt certify and disclose accordingly. RESPONSIBILIN'1Tl~ MATTERSON, AND OTHER (DIRECT RECIPIENT) As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Prt 67, for prospec- tive participants in primarryy covered transactions, as defined at 28 CFR Part 67, Section 67.510. A. The applicant certifies that it and its principals: (a) Are not presently, debarred, suspended, proposed for debar- ment declared ineligible sentenced to a denial of Federal bene#its by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; ((b) Have not within athree-year period preceding this applica- fion been convicted of or had a croil judgment rendered against them for commission of fraud or a criminal offense in connec- tion with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement theft forgery, bribery, falsification or destruction of recorc}s, making false statements, or receiving stolen property; (c). Are not presently indicted for or otherwise criminally or civil charged by a governmental entity (Federal, State, or ioca~} with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within athree-year period preceding this applica- tion had one or more public transactions (Federal, State, or local) terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 3. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS} As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees as defined at 28 CFR Part 67 Sections 67.615 and 67.620. A. The applicant certifies that it will or will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing,, possession, or use of a controlled substance is prohibited ~n the grantee's workplace and specifyin the actions that will be taken against employees for violation o~ such prohibition; (b Establishing an on-going drug-free awareness program to inform employees about- (1) The dangers of drugs abuse in the workplace; (2) The grantee's policy of maintaining adrug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may, be imposed upon employees for drug abuse violations occurring in the workplace; (c) Makingg it a requirement that each employee to be engaged an the performance of the grant be given a copy of the state- ment requred by paragraph (a); (d) Notifyin the employee in, the statement required by paragraph ~a) that, as a condition of employment under the grant, the employee will- OJP ~QY6~F$-k~l~~.@9~~' ~1~15~~R/~4ffl~J3 AND 406114 WHICH ARE OBSOLETE. (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying, the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice off such convic- #ion. Employers of .convicted employees must provide notice including position tittle, to: .Department of Justice, Office o~ Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington D.C. 20531. Notice shall include the iden- tification number(sj of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted- (1) Taking apppropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to, ppaarticipate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforce- ment, or other appropriate agency; (g) Making a good faith effort to continue to maintain a dru - ree work lace through implements#ion of paragraphs (a}, (b~, (c), (d), (e~ and (f}. B. The grantee may insert in the space provided below the sites} for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, country, state, zip code) DEA TUCSON DISTRICT OFFICE 3285 East Hemisphere Loop Tucson, Arizona 85706 Check ^ if there are workplace on file that are not identified here. Section 67, 630 of the regulations provides. that a grantee that is a State may elect to make one certification in each Federal fiscal year. A copy of which should be included with each ap- plication for Deppartment of Justice funding. States and State agencies may elect to use OJP Form 4061/7. Check ^ if the State has elected to complete OJP Form 4061 R. DRUG-FREE WORKPLACE (GRANTEES yWHO AREgINDIVIDUALS) Im lemen d at 28eCFR Part 67WSubplaart F f ~fgran eesaas de~ned at 28 CFR Part 67; Sections 67.615 and 67.620- A As a condition of the grant , I certify that I wil{ not engage in the unlawful manufacture cjtsfribution, dispensing .posses- sion, or use of a controlled substance in conddition any activity with the grant; and B. If convinced of a criminal drug offense resulting from a violation occurring during the conduct of anyy grant activity, I will report the conviction, in writing within 10 calendar days of the conviction, to: Department o{ Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. As the duly authorized representative of the applicant, f hereby certify that the applicant will comply with the above certifications. 1. Grantee Name and Address: MARANA POLICE DEPARTMENT 11555 West Civic Center Drive, Bldg. B Marana, Arizona 85653 2. Application Number andfor Project Name 3. Grantee IRSNendor Number TERRY TOMETICH, CHIEF 4. ]jyped Name and Title of Authorized Representative • 5. t Ybt~ec8 6. Date Regular Council Meeting -December 2, 2008 -Page 15 of 67 • ~R~A ~ ~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNC]L CHAMBERS, December 2, 2008, 7:00:00 PM To: Mayor and Council From: T VanHook ,Community Development Director Item C 3 Subject: Resolution No. 2008-159: Relating to Community Development; approving and authorizing amendments to Intergovernmental Agreements (IGA) with Pima County to extend Community Development Block Grant Program funding until December 31, 2009 to complete implementation of the 2006-2007 and 2007-2008 Community Block Grant Program Discussion: During fiscal years 2007 and 2008 the Town of Marana was awarded $170,000 and $210,000 • respectively for its participation in Pima County's Community Development Block Grant Program.. Subsequently, the Town. entered into two separate IGA's with the County for management of the funds. These funds were not fully spent during the contract period and Town and County staff would like to extend the contract period through December 2009 so the funding can. be fully leveraged to support affordable housing efforts. The funding carryover includes: 2006-2007 Affordable Housing Land Acquisition - $22,442 2006-2007 Owner Occupied Housing Rehabilitation - $3,544 2007-2008 Affordable Housing Land Acquisition - $70,000 2007-2008 Owner Occupied Housing Rehabilitation - $40,000 2007-2008 Honea Heights Park - $28,559 The Affordable Housing Land Acquisition program utilizes CDBG funding for the purchase and. improvement of land for future affordable housing projects. The funding helps the Town of Marana leverage land costs for affordable housing projects. Housing Rehabilitation is offered to low-income Marana residents living in owner-occupied housing. These services include work to repair deteriorated roof systems; repair or replacement of major heating and cooling systems; connection, repair or replacement of septic systems; minor miscellaneous services for electrical and plumbing upgrades, insulation, ceiling, wall, window and door repairs; emergency home repairs assistance to alleviate hazardous conditions that threaten the life and/or health safety of the occupants; and weatherization to help cut down on utility bills by making repairs to the home that will lower heating costs. The IGA extension will allow for the purchase of property, equipment, and services for these programs through December 31, 2009. Quarterly reports will be provided to Pima County as a condition of the IGA's. • FinancialImpact: No matching funding is required for this grant program. Regular Council Meeting -December 2, 2008 -Page 16 of 67 i• ATTACHMENTS: Name: Description: Type: ^ CDBG 2007_and.2008 Extention Resolution.doc CDBG lGA Extention Resolution Resolution i• i• Staff Recommendation: Staff recommends providing authorization for the Mayor to execute amendments to the existing Intergovernmental Agreements with Pima County for CDBG funding until December 31, 2009, allowing funding not fully encumbered prior to December 31, 2008 to be spent on program activities during the 2009 calendar year. Suggested Motion: I move to approve Resolution No. 2008-159 authorizing the Mayor to execute amendments to the existing Intergovernmental Agreements with Pima County to extend FY 2007 and 2008 CDBG funding until December 31, 2009. Regular Council Meeting -December 2, 2008 -Page 17 of 67 • MARANA RESOLUTION N0.2008-159 RELATING TO COMMUNITY DEVELOPMENT; APPROVING AND AUTHORIZING AMENDMENTS TO INTERGOVERNMENTAL AGREEMENTS (IGA) WITH PIMA COUNTY TO EXTEND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDING UNTIL DECEMBER 31, 2009 TO COMPLETE IMPLEMENTATION OF THE 2006 -2007 AND 2007-2008 COMMUNITY BLOCK GRANTPROGRAM. WHEREAS, the Town of Marana recognizes the need to provide safe affordable housing, neighborhood infrastructure, and parks. for its citizens and has applied for Community Development Block Grant (CDBG) for these purposes; and WHEREAS, Pima County awarded the Town of Marana a portion of their 2006-2007 and 2007-2008 CDBG funding allocation for specific programs benefiting low- to moderation- income Marana residents; and WHEREAS, Pima County and the Town of Marana entered into a Intergovernmental • Agreement for the management and implementation of these programs through December 31, 2008; and WHEREAS, Pima County and the Town of Marana want to extend the termination date of the existing intergovernmental agreement for one additional year to December 31, 2009. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the intergovernmental agreements amendment with Pima County be approved extending the contract period to December 31, 2009; PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 2nd day of December, 2008. ATTEST: Jocelyn C. Bronson, Town Clerk Mayor Ed Honea APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regular Council Meeting -December 2, 2008 -Page 18 of 67 • ` ~~~~~ ~l ,~.. o, .~..~.. 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, December 2, 2008, 7:00.:00 PM To: Mayor and Council Item C 4 From: T VanHook ,Community Development Director Subject: Resolution No. 2008-160: Relating to Community Development; granting $5,000 in Discretionary Funding to the Pima Council on Aging, an Arizona501(c)(3) non-profit organization to support the Mature Worker Connection activities for Marana senior. citizens Discussion: The Pima Council On Aging (PCOA) is a community-based SOl (c)(3) non-profit organization established in 1967 to provide services to Pima County's older citizens and their families. After • identifying a growing need for employment services offering specialized services for older adults, PCOA established the Mature Worker Connection (MWC) in September of 2005. MWC's mission is to make employers aware of the value of mature workers, ensure that mature job seekers are prepared for and secure meaningful employment, and to provide pools of well-qualified job seekers who meet the staffing needs of employers. MWC does this by providing free job placement services for Pima County residents age 50 anal older and by offering pre-scened applicant to Pima County employers. The MWC addresses Mayor and Town Council funding objectives and priorities by: directly supporting senior residents; providing advocacy for and assisting in the placement of senior residents in meaningful jobs; and support for local businesses. In Marana, MWC programs place special emphasis on serving women, ethnic minorities and low to moderate income senior citizens. The program has and will continue to enrich the lives of mature workers in the Town of Marana and support local businesses by providing a skilled, experienced, and dedicated pool of workers. Financial Impact: This is a one time funding award. ATTACHMENTS: ?~' ame: ~ PCOA,_Mature._Worker Connection - Resolution.doc Description: PGQA Discretionary Funding Type: Resolution Staff Recommendation: Staff recommends granting $5,000 in Discretionary Funding to the Pima Council on Aging to • support the Mature Worker Connection to provide job-related services to Marana residents 50 years old or older. Regular Council Meeting -December 2, 2008 -Page 19 of 67 i• .Suggested Motion: I move to approve Resolution No. 2008-160 granting $5,000 in Discretionary Funding to the Pima Council on Aging to support the Mature Worker Connection to provide job-related services to Marana residents 50 years old or older. • • Regular Council Meeting -December 2, 2008 -Page 20 of 67 • MARANA RESOLUTION N0.2008-160 RELATING TO COMMUNITY DEVELOPMENT; GRANTING $5,000 IN DISCRETIONARY FUNDING TO THE PIMA COUNCIL ON .AGING, AN ARIZONA 501(C)(3) NON-PROFIT ORGANIZATION TO SUPPORT THE MATURE WORKER CONNECTION ACTNITI~S FOR. MARANA SENIOR CITIZENS 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 and encourage volunteerism; and WHEREAS, Pima Council on Aging, acommunity-based non-profit community service organization is providing programming to serve older citizens and their families throughout the community; and • WHEREAS, Pima Council on Aging has established the Matare Worker Connection. to assist senior citizens who are seeking paid. employment to find positions to match their skills and experience; and WHEREAS, Mayor and Council find that granting the Discretionary Funding as set forth in this Resolution is in best interest of the citizens of Marana. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCII. OF THE TOWN OF MARANA, ARIZONA, to grant the Pima Council on Aging $5,000 from the Discretionary Fund to support Mature Worker Connection activities with. Marana residents. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 2"d day of December, 2008. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -December 2, 2008 -Page 21 of 67 • ~^i~ ~A A 91~ IH~~ r~ o~ .....,. 11555 W. CHIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, December 2, 2008, 7:00:00 PM • To: Mayor and Council From: Jocelyn Bronson, MMC ,Town Clerk Item C 5 Subject: Resolution No. 2008-161: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a new No. 12 (Restaurant) liquor license submitted by Aric Kaiser Mussman on behalf of Vero Amore, located at 12130 N. Dove Mountain Blvd., Suite 104 Discussion: Aric Kaiser Mussman, on behalf of Vero Amore is applying for a new No. 12 (Restaurant)liquor license for premises located at 12130 N. Dove Mountain Blvd., Suite 104. The State Department of Liquor Licenses & Control has completed a background investigation. and has forwarded two copies of an application for a spirituous liquor license in accordance with the State of Arizona Guide to Arizona Liquor Laws. One copy of the application has been posted on the front of the proposed licensed premises for 20 days prior to this meeting. The Council, as the appropriate governing board, must hold a meeting and either approve, disapprove or offer a "no-recommendation" decision on the application. This action must take place within 60 days of the filing of the application. If the application is approved at the appropriate government level, and no written protests have been received by the Town, and if there is no objection by the Director, the application will be approved. This process normally takes 90 days after the filing of the application. If the governing body disapproves the application or offers a "no-recommendation" decision, or if protests have been filed, the application must be set for a hearing before the State Liquor Board. The hearing may be conducted by the board or by a designated hearing officer. The purpose of a hearing is to consider all evidence and testimony in favor of or opposed to the granting of a license. The applicant for a new license bears the burden of demonstrating his or her "capability, qualifications and reliability" and that the granting of a license is in "the best interest of the community" except that, in aperson-to-person transfer, an applicant need only prove his or her "capability, qualifications and reliability". An applicant in alocation-to-location transfer need only prove that the granting of the license is in the "best interest of the community". The decision. by the board to grant or deny an application will normally take place within 105 days after the application has been filed, unless the director deems it necessary to extend the time period. A.R.S. 4-201, 4-201.01, 4-203; Rule R-4-IS-102. Regular Council Meeting -December 2, 2008 -Page 22 of 67 • A co of the a lication is on file with the Town Clerk and is not contained with these PY PP materials. ATTACHMENTS: Name: Description: T~Tpe: ^ Approval Reso.d_oc - Approval Resolution No. 2008-XXX Resolution ^ Dis_ap~rovat Reso_.doc Disapproval Resclution Nc. 2008-XXX Resolution Staff Recommendation: Staff recommends approval and recommendation to the state liquor board for this liquor license. Suggested Motion: I move to approve Resolution No. 2008-161. or I move to disapprove Resolution No. 2008-161. • Regular Council Meeting -December 2, 2008 -Page 23 of 67 • MARANA RESOLUTION N0.2008-161 RELATING TO LIQUOR LICENSES; APPROVAL AND RECOMMENDATION TO THE STATE LIQUOR BOARD FOR A NEW NO. 12 (RESTAURANT) LIQUOR LICENSE SUBMITTED BY ARIC KAISER MUSSMAN ON BEHALF OF VERO AMORE, LOCATED AT 12130 N. DOVE MOUNTAIN BOULEVARD, SUITE 104 WHEREAS, pursuant to A.R.S. Section 4-201, the Town Council of the Town of Marana is empowered to recommend approval or disapproval of a liquor license request to the Arizona Department of Liquor Licenses and Control; and WHEREAS, Aric Kaiser Mussman has applied for a new No. 12 (Restaurant) liquor license on behalf of Vero Amore, for premises located at 12130 N. Dove- Mountain Boulevard, Suite 104; and WHEREAS, Town staff filed one copy of the application in the office of the Town Clerk, and posted the other on the front of the premises at 12130 N. Dove Mountain Boulevard, Suite 104 for 20 days along with a statement requiring any bona fide resident residing, owning, or leasing property within a one mile radius in favor of or opposed to such issuance of the license to file written arguments in favor of or opposed to such issuance with the Town Clerk; and WHEREAS, the Town Council considered all statements filed by the applicant and any bona fide resident at a public meeting on December 2, 2008, and has determined that it is in the best interests of the Town and its citizens that the application for a new liquor license for Vero Amore, filed by Aric Kaiser Mussman for premises located at 12130 N. Dove Mountain Boulevard, Suite 104 be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Town recommends approval of the application for a new No. 12 (Restaurant) liquor license for Vero. Amore, filed by Aric Kaiser Mussman for premises located at 12130 N. Dove Mountain Boulevard, Suite 104 be approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 2°d day of December, 2008. Mayor Ed Honea ATTEST: • APPROVED AS TO FORM: Jocelyn C. Bronson, Towrr Clerk Frank Cassidy, Town Attorney Regular Council Meeting -December 2, 2008 -Page 24 of 67 • MAl2ANA RESOLUTION N0.2008-161 RELATING TO LIQUOR LICENSES; RECOMMENDATION OF DISAPPROVAL TO THE STATE LIQUOR BOARD FOR A NEW NO. 12 (RESTAURANT) LIQUOR LICENSE SUBMITTED BY ARIC KAISER MUSSMAN ON BEHALF OF VERO AMORE, LOCATED AT 12130 N. DOVE MOUNTAIN BOULEVARD, SUITE 104 WHEREAS, pursuant to A.R.S. Section 4-201, the Town Council of the Town of Marana is empowered to recommend approval or disapproval of a liquor license request to the Arizona Department of Liquor Licenses and Control; and WHEREAS, Aric Kaiser Mussman has applied for a new No. 12 (Restaurant) liquor license on behalf of Vero Amore, for premises located at 12130 N. Dove Mountain Boulevard, Suite 104; and WHEREAS, Town staff filed one copy of the application in the office of the Town Clerk, and posted the other on the front of the premises at 12130 N. Dove Mountain Boulevard, Suite 104 for 20 days along with a statement requiring any bona • fide resident residing, owning, or leasing property within a one mile radius in favor of or opposed to such issuance of the license to file written arguments in favor of or opposed to such issuance with the Town Clerk; and WHEREAS, the Town Council considered all statements filed by the applicant and any bona fide resident at a public meeting on December 2, 2008, and has determined that it is in the best interests of the Town and its citizens that the application for a new No. 12 (Restaurant) liquor license for Vero Amore, filed by Aric Kaiser Mussman for premises located at 12130 N. Dove Mountain Boulevard, Suite 104 be disapproved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Town recommends disapproval of the application far a new No. 12 (Restaurant) liquor license for Vero Amore, filed by Aric Kaiser Mussman for premises located at 12130 N. Dove Mountain Boulevard, Suite 104. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 2°d day of December, 2008. Mayor Ed Honea ATTEST: • Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regular Council Meeting -December 2; 2008 -Page 25 of 67 • ~~~~ 1 ,.~.. a .....~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCII. CHAMBERS, December 2, 2008, 7:00:00 PM To: Mayor and Council Item C 6 From: Jocelyn Bronson, MMC ,Town Clerk Subject: Resolution No. 2008-162: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a new No. 12 (Restaurant) liquor license submitted by Michael George Wystrach on behalf of Steak Out Restaurant & Saloon, 3620 W. Tangerine Road Discussion: Michael George Wystrach, on behalf of Steak Out Restaurant & Saloon is applying for a new No. l 2 (Restaurant) liquor license for premises located at 3620 W. Tangerine Road. • The State Department of Liquor Licenses & Control has completed a background investigation and has forwarded two copies of an application for a spirituous liquor license in accordance with the State of Arizona Guide to Arizona Liquor Laws. One copy of the application has been posted on the front of the proposed licensed premises for 20 days prior to this meeting. The Council, as the appropriate governing board, musthold a meeting and either approve, disapprove or offer a "no-recommendation" decision on the application. This action must take place within 60 days of the filing of the application. If the application is approved at the appropriate government level, and no written protests have been received by the Town, and if there is no objection by the Director, the application will be approved. This process normally takes 90 days after the filing of the application. If the governing body disapproves the application or offers a "no-recommendation" decision, or if protests have been filed, the application must be set for a hearing before the State Liquor Board. The hearing may be conducted by the board or by a designated hearing officer. The purpose of a hearing is to consider all evidence and testimony in favor of or opposed to the granting of a license. The applicant for a new license bears the burden of demonstrating his or her "capability, qualifications and reliability" and that the granting of a license is in "the best interest of the community" except that, in aperson-to-person transfer, an applicant need only prove his or her "capability, qualifications and reliability". An applicant in alocation-to-location transfer need only prove that the granting of the license is in the "best interest of the community". • The decision by the board to grant or deny an application will normally take place within 105 days after the application has been filed, unless the director deems it necessary to extend the time period. A.R.S. 4-201, 4-201.01, 4-203; Rule R-4-15-102. Regular Council Meeting -December 2, 2008 -Page 26 of 67 A copy of the application is on file with the Town Clerk and is not contained with these materials. ATTACHMENTS: Name: Description: T~Tpe: ~ Approv_al Reso Steak. Out.doc Appraval Resolution Na 2008-XXX Resolution ~ Disapproval_Reso Steak , Out.doc DisapprovaE Resolution No. 2008-XXX Resolution Staff Recommendation: Staff recommends approval and recommendation to the state liquor board for this liquor license. Suggested Motion: I move to approve Resolution No. 2008-162. or I move to disapprove Resolution No. 2008-162. • • Regular Council Meeting -December 2, 2008 -Page 27 of 67 • MARANA RESOLUTION N0.2008-162. RELATING TO LIQUOR LICENSES; APPROVAL AND RECOMMENDATION TO THE STATE LIQUOR BOARD FOR A NEW NO. 12 (RESTAURANT) LIQUOR LICENSE SUBMITTED BY MICHAEL GEORGE WYSTRACH ON BEHALF OF STEAK OUT RESTAURANT & SALOON, LOCATED AT 3620 W. TANGERINE ROAD WHEREAS, pursuant to A.R.S. Section 4-201, the Town Council of the Town of Marana is empowered to recommend approval or disapproval of a liquor license request to the Arizona Department of Liquor Licenses and Control; and WHEREAS, Michael George Wystrach has applied for a new No. 12 (Restaurant) .liquor license on behalf of Steak Out Restaurant & Saloon, for premises located at 3620 W. Tangerine Road; and WHEREAS, Town staff filed one copy of the application in the office of the Town Clerk, and posted the other on the front of the premises at 3620 W. Tangerine Road for 20 days along with a statement requiring any bona fide resident residing, owning, or • leasing property within a one mile radius in favor of or opposed to such issuance of the license to file written arguments in favor of or opposed to such issuance with the Town Clerk; and WHEREAS, the Town Council considered all statements filed by the applicant and any bona fide resident at a public meeting on December 2, 2008, and has determined that it is in the best interests of the Town and its citizens that the application for a new liquor license for Steak Out Restaurant & Saloon, filed by Michael George Wystrach for premises located at 3620 W. Tangerine Road be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Town recommends approval of the application for a new No. 12 (Restaurant) liquor license for Steak Out Restaurant & Saloon, filed by Michael George Wystrach for premises located at 3620 W. Tangerine Road be approved. PASSED AND ADOPTED by the Mayor and Council. of the Town of Marana, Arizona, this 2nd day of December, 2008. Mayor Ed Honea ATTEST: • Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regular Council Meeting -December 2, 2008 -Page 28 of 67 • MARANA RESOLUTION N0.2008-162 RELATING TO LIQUOR LICENSES; RECOMMENDATION OF DISAPPROVAL TO THE STATE LIQUOR BOARD FOR A NEW NO. 12 (RESTAURANT) LIQUOR LICENSE SUBMITTED BY MICHAEL GEORGE WYSTRACH ON BEHALF OF STEAK OUT RESTAURANT & SALOON, .LOCATED AT 3620 W. TANGERINE ROAD WHEREAS, pursuant to A.R.S. Section 4-201, the Town Council of the Town of Marana is empowered to recommend approval or disapproval. of a liquor license request to the Arizona Department of Liquor Licenses and Control; and WHEREAS, Michael George Wystrach has applied for a new No. 12 (Restaurant) liquor license on behalf of Steak Out Restaurant & Saloon, for premises located at 3620 W. Tangerine Road; and WHEREAS, Town staff filed one copy of the application in the office of the Town Clerk, and posted the other on the front of the premises at 3620 W. Tangerine Road for 20 days along with a statement requiring any bona fide resident residing, owning, or • leasing property within a one mile radius in favor of or opposed to such issuance of the license to file written arguments in favor of or opposed to such issuance with the Town Clerk; and WHEREAS, the Town Council considered all statements filed by the applicant and any bona fide resident at a public meeting on December 2, 2008, and has determined that it is in the best interests of the Town and its citizens that the application for a new No. 12 (Restaurant) liquor license for Steak Out Restaurant & Saloon, filed by Michael George Wystrach for premises located at 3620 W. Tangerine Road be disapproved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Town recommends disapproval of the application for a new No. 12 (Restaurant) liquor license for Steak Out Restaurant & Saloon, filed by Michael George Wystrach for premises located at 3620 W. Tangerine Road. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 2nd day of December, 2008. Mayor Ed Honea ATTEST: • Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regular Council Meeting -December 2, 2008 -Page 29 of 67 • ~~ ~~ i+F REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, November 18, 2008, at or after 7:00 PM Ed Honea, Mayor Herb Kai, Vice Mayor Russell Clanagan, Council Member Patti Comerford, Council Member Carol McGorray, Council Member Jon Post, Council Member Roxanne Ziegler, Council ~~Member REGULAR MEETING • CALL TO ORDER AND ROLL CALL All present. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE Led by Mayor Honea. APPROVAL OF AGENDA Motion b~~ Council Member McGorrcry, second by Council Member Post. Unanimously approved. CALL TO THE PUBLIC Pat Fleming, newly elected representative of District 25 introduced herself. She pledged to work with other representatives on behalf of Marana. Mayor Honea mentioned that Council Member Clanagan will be riding in the Tour de Tucson on behalf of Tu Nidito. Anyone wishing to support this worthy cause is welcome to contribute. PRESENTATIONS • P 1: Presentation: Relating to Personnel; discussion. and consideration of proposed amendments to the Town's Personnel Policies and Procedures; revising Chapter 3 "Compensation," Chapter 4 "Employment Benefits" and Chapter 6 "Employee Development" Regular Council Meeting -December 2, 2008 -Page 30 of 67 Introduced by Deb Thalasitis and presented by Suzanne Machain. This is a first reading of personnel policy changes. Suzanne started with the history and noted that the changes being made are to the 1999 version. She started with Chapter 3 -Compensation, noting that the changes are being modified to reflect the Town Code changes made in August 2008. She continued with the Town's Total Pay Philosophy, Performance Management System, Payroll Procedures and Working Conditions, Working Conditions specifically regarding holiday and overtime pay, Adjustments related to demotion or lateral transfers, Reclassification, provisions for Call-Out, On-Cali/Standby Assignments and Shift Differential, Vehicle Allowance/Take Home Vehicles, Relocation and Interview Expenses, and Conflict with Memorandum of Understanding. Chapter 4 changes related to Employment Benefits for Vacation Leave, Personal Leave, Holidays, Military Leave, Family and Medical Leave (FMLA), Administrative Leave and Leave Donation. Chapter 6 relates to Employee Development, specifically related to Education Assistance. Council Member Clanagan objected to the short term required for • repayment of tuition and would like to discuss that further. As written, he could not support that policy. Council Member Ziegler also addressed the issue -she would like to see the Town fund 1 OQ°ro rather than 75% to show support for the employees. Mayor Honea asked for clarifc.ation on Policy 3-7 -Working Conditions. Regarding the second example of the presentation. This depicts 8 hours of straight time if you work on the holiday. Mayor Honea disagreed with that policy. He would prefer that the policy stay the way it is now - if someone works on the holiday they get the holiday pay but also time and a half for the 8 hours. Council Member Comerford indicated that this scenario would be double time. Suzanne agreed and clarified the Mayor's question. If you include the holiday as time worked for the calculation of hours, then the Mayor is correct. Our policy proposal is not to include the holiday for that purpose. Council welcomed Suzanne and thanked her for the work she is doing Suzanne also thanked Erik Montague for his work on the policies. A copy of the PowerPoint presentation regarding this item is available for viewing in the Town Clerk's office. Regular Council Meeting -December 2, 2008 -Page 31 of 67 ANNOUNCEMENTS/UPDATES PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Clanagan noted that at the Police CAC on November 12 -the Chief wants Council to look at two Ordinances on a fast track -abandoning children and animals in vehicles; Mayor Honea reported on the strategic planning session the past weekend. The Town won a special award from Common Ground for the FEMA project. He also reported on the Council's train ride with Union Pacific. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS A copy of the Council Executive Report is on file in the Town Clerk's office.. Mr. Davidson introduced Michael Racy to highlight the upcoming legislative season. Mr. Racy previewed the regular session is schedu3ed to start on January 12. but it may start a week early. It is also possible that a session will begin before the regular session to discussion the budget deficit. The leadership in the Senate is viewed as very conservative, possibly the most in the estate's history. Revenue sharing may be more at risk, although Senator Burns has indicated a softening on this issue. The question is • whether the Governor will remain. Jan Brewer will become govei~or if that happens and the conservatives will control the governorship.. House and Senate. He then addressed the current budget deficit - $1.2 billion -six times what the lowest scenario was. If the state is not able to make structural changes to close that deficit, the state will be facing over a $3 billion in the 20l 0 budget. Generally, the discretionary portion is $3.5 to $4 billion.. There are very challenging fiscal times ahead for cities, towns and counties as well as for education. He went on to itemize some of the areas where there are funding gaps which will affect budgeting. The decline does not appear to be slowing -for some time. Several aviation grants maybe in jeopardy, and there may be no 2009-10 grant program. There are three separate lawsuits challenging fund sweeps. Maricopa County is the predominant leadership region. Mr. Davidson highlighted the severity of the Town's situation and reiterated that on December 8 there will be a special session of budget modifications. Ms. Thalasitis said that the Town has been recognized for the second year in a row for the Government Finance Officers Association Distinguished Budget Presentation Award. Erik Montague will be awarded for his outstanding work in the public sector. He also reported on the recent state elections. STAFF REPORTS • GENERAL ORDER OF BUSINESS Regular Council Meeting -December 2, 2008 -Page 32 of 67 • CONSENT AGENDA. Moved by Council Member Clanagan, second by Dice Mayor Kai. Unanimously approved. C 1: Resolution No. 2008-152: Relating to Development; approving and authorizing a final plat for Saguaro Ranch Phase I-B Lots 26 and 97-101. C 2: Resolution No. 2008-153: Relating to Economic Development; approving and authorizing the Mayor to execute an intergovernmental agreement with Pima County, the City of Tucson, the City of South Tucson, and the Town of Sahuarita relating to the creation of an enterprise zone, and declaring an emergency. C 3: Resolution No. 2008-154: Relating to Public Works and Development; authorizing an application to the U.S. Fish and Wildlife Service for a permit under Section 10 of the Endangered Species Act C 4: Resolution No. 2008-1.55: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a new No. 12 (Restaurant) liquor license submitted by Mark Harold Evenson-on behalf of Chuy's Mesquite Broiler located at 4499 W. ina Road C 5: Resolution No. 2008-156:"Relating to the Police Department: authorizing full execution of a grant agreement with the Arizona Criminal Justice Commission for funding of Marana's participation on the Southern Arizona DUI Task Force C 6: Minutes of the November 5, 2008 regular council meeting COUNCIL ACTION A 1: Resolution No. 2008-140: Relating to Development; approving and authorizing a conditional use permit to allow the development of a new wireless communication facility at 5541 W. Linda Vista Boulevard Lisa Shafer presented, noting that this item was a continuance from October 21. The applicant has agreed to limit the height of the pole to 55 feet and the palm fronds would extend slightly beyond -the live palms would be at 40.feet. Adam Pearce, representing the Hartman Vistas HOA, addressed Council. He noted that the HOA met with Mr. Olson with the first plan, but the board will meet on Thursday, and requested that they be able to meet with Mr. Olson again before the Town makes a decision. If the measure is considered tonight, they are requesting a 50 foot height and help from the Town for additional plantings to conceal more of the area. • Council Member Comerford asked if the water tower was located before Regular Council Meeting -December 2, 2008 -Page 33 of 67 • build-out. Brad DeSpain noted that the first tank was there prior to the development of Hartman Vistas and the second. tank was built as well as the wall and the S.C.A.D.A. tower. Mr. Pearce further asked Mr. Olson and Crown if they would do more plants, and that request was denied, so he is asking the Town to help in that regard. The HOA would also like irrigation infrastructure. They would also like to see no more than two satellites on the tower. He noted that in his neighborhood declines of 22% -they are in a high stress area. He again reiterated a request for a continuance. Council Member Clanagan indicated that the packet information' shows 500 feet of open space from the nearest residence. Mr. Pearce was not able to respond to that distance. Motion by Council Member Ziegler, second bi> Council Member Posh Passed unanimously. A 2: Resolution No. 2008-141: Relating to Real Estate: approving and authorizing the Mayor to execute an Option and Ground Lease Agreement with Crown Communication, Inc., for the lease of a cellular telephone tower on land owned by the Tov~,~ of Marana at the Hartman Hills water reservoir site • Presented by Frank Cassidy who noted that this goes with the prior item. This will be a similar least as the Town currently has with Nextel for the site located near the old town hall. The scada issue is not addressed in the lease. If that is added. that will be the subject of future negotiated terms. Council Member Post made a motion, seconded by Council Member McGorrav. Council Member Ziegler asked for clarification of the issue of a lease credit. Passed unanimously. A 3; Ordinance No. 2008.23:. Relating to Development; approving a rezoning of approximately 0.36 acres of land owned by David Torrez and located at 8380 North Silverbell Road Lisa Shafer presented this item. The parcel is currently non-compliant because of the small lot size. They are requesting the same rezoning as the veterinary clinic located to the south of the property. She also showed a proposal of the ingress and egress of the site. This is Commercial C, compliant with the General Plan. It is in substantial conformance with the Land Development Code. Upon motion of Carol McGorray, second by Council Member Clanagan, the motion passed 6-1 with Council Member Comerford • voting nay. Regular Council Meeting -December 2, 2008 -Page 34 of 67 • It was also noted that it was advertised as a public hearing even though it was not noted on the agenda. Mayor Honea called for a public hearing. There were no speakers. The. motion stands. A 4: Ordinance No. 2008.24: Relating to Development; approving and authorizing a rezoning for the Marana Main Street Specific Plan It was noted that this item was also noticed as a public hearing. Mayor Honea declared the hearing open. Kevin Kish presented the item. He showed the concept plan that the owners provided to staff. 1 e farther noted the conditions required of the developer. Council Member Comerford asked Mr. Kish to draw the Main Street alignment on a map of the Town Center Planning Area. Mr. Kish clarified that there would be a link to Grier, Sandario to the existing road. There were no speakers. Upon motion of Vice Mayor Kai, seconded by Council Member McGorray, the motion passed unanimous. A 5: Ordinance No. 2008.25: Relating to Utilities; adopting wastewater system development impact fees and providing for an effective date Vice Mayor Kai declared a conflict and left the dais. Frank Cassidy presented this item. Council Member Clanagan moved, seconded by Council Member Post, ..1o adopt the ordinance. Passed unanimously. A 6: Ordinance No. 2008.26: Relating to Development; approving and authorizing a rezoning for Marana Mercantile Kevin Kish asked for a continuance to the December 16, 200.8 meeting upon the request of the applicant. This is also a public hearing and was noticed. There were no speakers. Council Member McGorray made a motion to continue the item to December 16, 2008, seconded by Council Member Clanagan. Passed unanimously. The public hearing will again occur on December 16. . BOARDS, COMMhSSIONS AND COMMITTEES Regular Council Meeting -December 2, 2008 -Page 35 of 67 • ITEMS FOR DISCUSSION/POSSIBLE ACTION EXECUTIVE SESSIONS E 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. E 2: Executive Session pursuant to A.R.S. § 38-43 L.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 (1) the lawsuit entitled Town of Marana v. Pima3> County/Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008-001131, (2) pending legal issues, settlement discussions and contract negotiations relating to the transition of Marana wastewater collection and treatment to the Town of Marana. 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) On December I, 2008, there will be a strategic planning session to finish the work to prioritise the initiatives ~of the five foeus areas. This will take place in the Board Room for approximately four hours. Council Member Clanagan asked that the Town Manager make sure that the voice messaging system alerts the public that the town hall will be closed the day after Thanksgiving. ADJOURNMENT Motion by Council Member Clanagan, second by Council Member Post. Passed unanimously. CERTIFICATION'- I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on November 1.8, 2008. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk Regular Council Meeting -December 2, 2008 -Page 36 of 67 • ~~I'' 1 rawer mr ~~a ra 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, December 2, 2008, 7:00:00 PM To: Mayor and Council Item A 1 From: Gilbert Davidson ,Town Manager Subject: Resolution No. 2008-163: Relating to Intergovernmental Relations; authorizing and directing those authorized to lobby on behalf of the Town of Marana to represent and pursue the Town of Marana 2009 Arizona State Legislative Agenda Issues Discussion: Each year, the Town identifies legislative issues of importance to the Town and its residents for inclusion in the Town's legislative agenda for state and Federal action. The Town advances these issues of legislative importance to the elected decision-making bodies through the efforts of the • Mayor and council members, town staff and retained lobbyists. The purpose of this item is to convey recommendations for the Town's legislative priorities as they relate to the upcoming Arizona State Legislative session. The Town's Federal Legislative priorities will be presented at a later date in a separate item for the council's consideration. The attached document outlines the Town's state legislative priorities. These priorities were developed based on similar policy directives issued by the Pima Association of Governments (PAG), Central Arizona Association of Governments (CAAG), and the League of Arizona Cities and Towns. In addition, the Town's preliminary draft of the its strategic plan., including the five key focus areas served as a foundation for the identification of these priorities. Financial Impact: There is no immediate financial impact to adopting these priorities, however subsequent actual legislative proposals will be evaluated individually and financial impacts will be identified and communicated to the Council along with. other impacts. ATTACHMENTS: ame: Description: Type: I~ resolution_leg~norite__s 2009.DOC Resolution Cover Mema ~ state le~c~acket 2009.doc Legislative Priorities -Attachment Cover Mema Staff Recommendation: • Staff recommends that Council adopt the Town of Marana 2009 Arizona State Legislative Priority Issues. Regular Council Meeting -December 2, 2008 -Page 37 of 67 Suggested Motion: I move to approve Resolution 2008-163 adopting the Town's 2009 Arizona State Legislative Priority Issues. • • Regular Council Meeting -December 2, 2008 -Page 38 of 67 • MARANA RESOLUTION N0.2008-163 RELATING TO INTERGOVERNMENTAL RELATIONS; AUTHORIZING AND DIIZECTING THOSE AUTHORIZED TO LOBBY ON BEHALF OF THE TOWN OF MARANA TO REPRESENT AND PURSUE THE TOWN OF MARANA 2009 ARIZONA STATE LEGISLATIVE AGENDA PRIORITY ISSUES BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: Section 1. That certain document known as "2009 State Legislative Agenda Priority Issues" is hereby referred to, adopted and made a part of this resolution as if fully set out here. Section 2. Those persons authorized by the Town of Marana to lobby on its - behalf and registered as such with the Secretary of the State of Arizona pursuant to Arizona Revised Statutes § 41-1231 et seq. are hereby authorized and directed, subject to the continuing supervision of the Town Manager and the Town Council, to represent and pursue the legislative interests of the Town of Marana by supporting legislation that • embodies any of the following basic principles: A. Empowering the Town of Marana with sufficient flexibility to address an expanding and changing variety of local needs and conditions. B. Establishing appropriate means to adequately compensate the Town for the costs of complying with state-mandated requirements. C. Providing the Town with the means to cope with inflationary cost increases, population growth and escalating service requirements. D. Enabling the Town to provide public services in a more responsive, efficient and cost- effective manner. E. Ensuring that the Town has the ability to provide, manage or operate critical infrastructure necessary to promote or maintain the health and safety of residents, preserve and direct land use and ensure the future sustainability of the community. F. Defining appropriate fiscal and administrative responsibilities within various Town, State/Town and County/Town joint programs. Section 3. In addition to those basic principles set forth in Section 2 of this resolution, the following specific objectives, as elaborated upon in the 2009 State Legislative Agenda Priority Issues document, shall be pursued at the State level: A. Support of Ecanomic Development Program Funding. B. Protection of Cities and Towns from State-Shared Revenue Tax Cuts • C. Oppose Measures That Allow State Government to Cost-Shift Programs to Local Governments to Balance State Budget Regular Council Meeting -December 2, 2008 -Page 39 of 67 _ 1 - 11/25/2008 2:37:33 PMJHW i• i• D. Support Efforts to Preserve Access to Water Resources for Municipal Governments E. Maintenance and Support for Existing and New Transportation Funding F. Creation of aSub-Geographic-Based Sales Tax to Improve Major Transportation Corridors G. Support the CAGRD Request to Amend Bonding Authority and Approve a Membership Fee H. Collection of Assured Water Supply Credits for the Recharge. of Storm-Water I. Support of Alternative Energy Source Requirements for Future Growth J. Support Establishment of a Pima County Sports Authority Section 4. Legislation that is inconsistent with any of the basic principles set forth in Sections 2 and 3 above should be opposed. or appropriate amendments pursued. PASSED AND ADOPTED by the Mayor and Council of the Town ofMarana, Arizona, this 2nd day of December, 2008. ATTEST: Mayor Ed Honea Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regular Council Meeting -December 2, 2008 -Page 40 of 67 _ 2 - II/25/2008 2:37:33 PMJHW ~ _ _~~~`~ MARANA /I~ TOWN OF MARANA 2009 State Legislative Agenda Priority Issues The Town of Marana supports state appropriation., authorization and other legislative action for the following issues: • Support of Economic Development Program Funding • Protection of Cities and Towns from State-Shared Revenue Tax Cuts • • Oppose Measures That Allow State Government to Cost-Shift Programs to Local Governments to Balance the State Budget • Support Efforts to Preserve Access to Water Resources for Municipal Government • Maintenance and Support for Existing and New Transportation Funding • Creation of aSub-Geographic-Based Sales Tax to Improve Major Transportation Corridors • Support the CAGRD Request to Amend Bonding Authority and Approve a Membership Fee • Collection of Assured Water Supply Credits for the Recharge of Storm- Water • Support of Alternative Energy Source Requirements for Future. Growth • Support Establishment of a Pima County Sports Authority • Regular Council Meeting -December 2, 2008 -Page 41 of 67 • Support and Funding of Economic Development Programs and Tools BACKGROUND: Attracting high-wage jobs to Arizona is critical to the State's economic health. Yet at a time of fierce competition for these jobs, Arizona lacks adequately funded tools to be successful.. Cities and. tovGms need additional support from. the State for new job attraction because they not only compete with. cities in other states but also frequently with state governments themselves. The state is working on a program to support municipalities. In October 2007, Governor Napolitano formed the Arizona Economic Resource Organization (AFRO). This group is a bold new publiclprivate partnership, setup as a nonprofit corporation, with representation from across the State. AFRO board members plan. to collaborate on a regional basis and work with. local economic development programs. AFRO also seeks to strengthen local economic development programs through coordinated efforts. Additionally, the few economic development tools the State of Arizona has in place have recently been called into question. Incentive programs such as the Government Property Lease Excise Tax (GPLET) must be preserved by the State so that municipalities can. continue to benefit from their use. PRESENT STATUS: The Town of Marana. has reached a critical juncture in its economic development efforts. In the short term, the Town seeks to formulate and execute an economic development strategic plan to include infrastructure planning, high- wage jobs, and industry creation along key corridors. The Town is also actively working to build its future dovcnto~tm area and central. business district. The AERO program. is currently seeking seed funding to build a reserve of capita] investment for economic development partnerships. Marana's population is expected to grow to nearly 100,000 by 2030 and 200,000 at build-out, with the need for employment opportunities and tax base diversification becoming increasingly apparent. Therefore, additional state support is critical to the economic sustainability of the Town. SPECIFIC REQUEST: The Town of Marana urges the state legislature to identify, fund and implement economic development programs to provide support to Arizona communities. Furthermore, the Town urges Lawmakers to maintain the existing economic development and incentive programs already used by municipalities. Financial incentives will attract high-tech businesses wit11 good-paying jobs to Marana that will improve the local economy, create tax revenue for the town., state and schools, and encourage similar businesses to move to this area. • Regular Council Meeting -December 2, 2008 -Page 42 of 67 • Protection of Cities and Towns from State-Shared Revenue Tax Cuts BACKGROUND: Arizona municipalities rely heavily on state-shared revenues to supply services. While tax cuts are frequently viewed as being beneficial to Arizona citizens, a reduction in state-shared revenues would severely impact local services. The state distributes to cities and towns 15% of income taxes two fscal years following the fiscal year in which the state actually collects the income taxes. Each municipality's share of the revenues is allocated in proportion to its population compared to the total population of the state. Additionally, the municipality receives revenues from the State Shared Sales Tax. The state establishes a base of which 25% is shared with all incorporated cities and towns. This revenue source is based on economic conditions during the year for which the income was taxed and is subject to fluctuations in employment, corporate profits, tax credits and exemptions. Additionally, the State Shared Sales Tax is highly dependent on consumer confidence, unemployment, interest rates. Most important, this revenue source is also subject to changes made by the state legislature. • PRESENT STATUS: The Town of Marana's population grew according to the mid- decade census, thus adjusting its state-shared revenues significantly for the 06/07 f scat year. For State Shared Income Taxes in fiscal year 08/09, the Town expects a 6% increase over fiscal year 07/08 to $3,989,771. For the State Shared Sales Taxes. in fiscal year 08/09, based on figures provided by the Arizona Department of Revenue, the Town expects a 2% increase over fiscal year 07/08 distribution to $2,496,844. However, the Town is already seeing reductions in the State Shared Sales Taxes distributions for fiscal -year 08-09 due to the State economy. Additionally, the State of Arizona is predicting a budget shortfall in the current fiscal year of $1.2 billion. Frequently, state-shared revenues are the first place legislators look to find funds to address the shortfall. Revenue projections are a cornerstone of the budget process and the general fund, where shared sales and income tax revenues are deposited. These revenues combined are the second largest source of operating funds and comprise 19% of the general fund revenue budget. Although the Town evaluates projections such as growth, inflation, and recession, consistent shared revenues are needed to plan for the Town's fiscal health. SPECIFIC REQUEST: The Town of Marana requests that the state legislature hold all municipalities harmless in the event of tax cuts or revenue shortfalls. If the legislature implements a tax cut or there is an economic recession, state-shared funding levels should be maintained. • Regular Council Meeting -December 2, 2008 -Page 43 of 67 Oppose :Measures that Allow State Government to Cost- . Shift Programs to Local Governments to Balance the State Budget BACKGROUND: When the Arizona Legislature and Governor Napolitano agreed on the FY 2009 budget of approximately $10 billion in expenditures, revenues were projected to increase by 6.1 %. In contrast, the first quarter of the current fiscal. year has... experienced an 8.9% decrease in revenue from all three tax revenue categories (sales, individual income and corporate income tax). As a result, it is projected that the current fiscal year budget has a revenue shortfall of approximately $1.2 billion. Given existing economic conditions in Arizona, the FY 2010 budget is currently projected to have an additional $2.2 to $3.0 billion revenue shortfall,. depending on how the FY 2009 deficit is resolved. Long term, the Joint Legislative Budget Committee is forecasting that sales tax and individual income tax collections will remain below FY 2007 leve}s until FY 2012. Five major state program activities account for 92% of all state General Fund expenditures, with education leading all agencies with 44% of spending. Of the $10 billion state budget, approximately 65% is either mandated. spending based on statutory . formulas orvoter-protected. Accordingly, only $3.5 billion of a $10 billion budget is considered discretionary spending and, thus, available for reductions in spending or adjustments in priorities. PRESENT STATUS: Recognizing the significant declines in General Fund revenues, state government has been developing a menu of options to address the current and future revenue shortfalls. Solutions include increasing taxes. (unlikely), decreases in state spending, sweeping funds from non-General Fund programs to the General Fund, debt and various budget management options. In FY 2009, the enacted state budget included a provision that required municipal governments to contribute nearly $30 million to assist in balancing the state budget. The Town of Marana's proportionate share was identified as $97,000. In response, the League of Arizona Cities and Towns .filed a special action with the Arizona Supreme Court contending that the fund transfer violates a constitutional provision that requires two-thirds of the Legislature to approve any increase in state revenues. Additional litigation from private sector interests have also been filed in reaction to other fund transfers impacting industries and professional licensees. SPECIFIC REQUEST: Urge the Legislature to resist the temptation to shift state program expenditures to local governments in order to balance the state budget. • Regular Council Meeting -December 2, 2008 -Page 44 of 67 • Support Efforts to Preserve Access to Water Resources for Municipal Governments BACKGROUND: Despite the current economic conditions, population growth is projected to double within the Tucson Metropolitan Area by 2025. Based on previous growth trends, the Town of Marana is anticipated to experience one of the highest growth rates in the region. As a result,- it is critical that the community continue to secure all necessary water resources in order to maintain current service demands as well as to prepare for future resource and service requirements generated by new residential and employment related development. PRESENT STATUS: Existing state statutes require municipal governments within Active Management Areas to develop and maintain adequate water resources to sustain development within each incorporated municipality. While state statutes governing water resources are imperfect, the current statutory requirements generally represent balanced water management criteria for limited resources between municipal, regional and state governments. SPECIFIC REQUEST: The Town of Marana urges the state legislature to continue to provide municipal governments with the statutory responsibility to develop anal manage • water resources in order to provide existing and future residents with appropriate levels of service. • Regular Council Meeting -December 2, 2008 -Page 45 of 67 Maintenance and Support for Existing and New Transportation Funding BACKGROUND: The enormous growth of the State of Arizona and its counties, cities, and towns in recent years has placed a tremendous burden on local transportation systems. This scenario, coupled with large increases in construction costs, has generated a need for increased funding to complete the infrastructure required to address traffic congestion problems local governments are facing. At present, the Town of Marana, as well as other cities, towns and counties in Arizona, receives transportation funding in the form of three major funds: Highway Users Revenue Fund (RUBE), Local Transportation Assistance Fund I (LTAF I), and Local Transportation Assistance Fund II (LTAF II). HURF, collected from motor fuel, vehicle registration, operator license, and other transportation-related taxes and fees, is limited to street and highway expenditures. Approximately 27.5 percent of HURF is distributed to cities and towns using a formula based on population and overall fuel sales at the county level. LTAF I, .funded by proceeds from the Arizona Lottery, is restricted to transportation-related uses and is distributed on a population formula to cities and towns. LTAF II funds are generated through a combination of revenues from the multi.-state lottery game. Use of LTAF II funding is restricted to transit-related expenses only unless • the distribution is less than $2,500. When .significant budget deficits exist, legislators often consider cuts in state-collected, locally shared revenues. Economic .downturns frequently accompany budget deficits. Thus, at a time when local jurisdictions can least afford cuts, state lawmakers are considering diversion of crucial funding. Any reduction in state-collected, locally shared revenues can have an erosive result in terms of meeting basic local needs. A cut in transportation funds, as a major source of state-shared revenues, can cause delays in timely repairs and maintenance of roadways, increasing costs to local governments and taxpayers in the long run. PRESENT STATUS: Transportation funding remains a critical issue to the Town of Marano, which has experienced major population growth and urbanization. For fiscal year 08/09, the Town expected an increase of 12% in collected HURF funds over the previous year to $2,311,533. However, HURF revenues are down significantly for fiscal year 08-09 due, in part, to changes in consumer miles driven. HURF funding to Arizona cities and towns is presently in danger. For example, one proposal current being considered by the state legislature would divert $106 million in HURT funding away from municipalities to pay for state Department of Public Safety (DPS) personnel and operating costs. LTAF II distributions vary from year to year, dependent on the revenue generated by the multi-state lottery game. The Governor's Budget management Plan, released in October 2008, has recommended the LATF II program be suspended in order to address the state's current fiscal crisis. • Regular Council Meeting -December 2, 2008 -Page 46 of 67 i• i• i• SPECIFIC REQUEST: The Town of Marana supports legislation. and/or administrative actions that protect existing state-shared transportation revenues .and seek out new sources of transportation funding to assure adequate local community services. and infrastructure. Regular Council Meeting -December 2, 2008 -Page 47 of 67 d Sales Tax to Creation of aSub-Geographic-Base Improve Major Transportation Corridors BACKGROUND: The Interstate 10 (I-10) is a critical part of Southern Arizona's economy and transportation system. As a major highway vital for the movement. of goods throughout the country, as well as the gateway into Pima County for visitors, the poor appearance of the route has Long been a concern for regional coordinating bodies. Because of this problem, the Town of Marana expends general fund dollars for the regular landscaping and cleanup of its section. of the freeway. Recently, the Pima Association of Governments (PAG) and other entities such as Tucson Regional Economic Opportunities (TREO), Inc., identified the I-10 as a key to the region's economic success and called for increased beautification efforts to aid in economic development. PRESENT STATUS: The Town would like the ability to create a source of funding and the authority to adopt a financing plan to address I-10 aesthetics. Currently, the Town can only adopt certain tax laws for specific activities. The ability to adopt asub-geographic- based sales tax that would increase the Town's sales tax and maintain the percentage the State receives in sales tax revenues is not presently among allowable taxing activities. This taxing system is unlike a tax increment finance plan which takes a percentage of the • state's portion of sales tax revenues. The sub-geographic-based sales tax would effectively set differential tax rates in areas within a certain distance of the I-10 corridor within the Town limits. The ability to add a 0.5% sales tax within. the designated area would create funds that would be specifically dedicated to the clean-up and development of I-10. SPECIFIC REQUEST: The Town of Marana urges the state legislature to create enabling legislation to allow sub-geographic-based sales taxes. This legislation would create a sales tax increase in a specific region along the I-10 and would not cut into state sales tax revenues. Revenues from this tax would be dedicated to specifically improve and maintain. this area, including infrastructure additions and improvements and artistic enhancements that improve the quality of life and economic development efforts. Regular Council Meeting -December 2, 2008 -Page 48 of 67 • Support the CAGRD Request to Amend Bonding Authority and Approve a Membership Fee BACKGROUND: Acquisition and development of water resources for the purpose Central Arizona Groundwater Replenishment District obligations is an obligation of the CARGD staff. In late 2008 the Board of Directors requested staff to evaluate the option of issuing revenue bonds and payment options for these bonds so the acquisitions of new supplies-could be undertaken as soon as possible. CARGD staff members met with Arizona stakeholders to discuss revenue bonding and fee options. During this process the development of a membership fee was developed. The membership fee would be assessed to all member lands and member service areas regardless of volume of excess groundwater used by the member. PRESENT STATUS: The proposed legislation increases the maximum aggregate outstanding principle on bonds issued by CAWCD from $250 million to $500 million. It authorizes the collection of membership fees to be used for the acquisition of water rights and development of infrastructure, including bond debt service. The proposed legislative language specifies the membership fee will be divided between member lands and member service areas based on CAGRD's projected replenishment obligations for each member type: a. For member lands -from the current Plan of Operation based on the projected build-out obligation for all member lands projected to be enrolled through the 10 year plan period. b. For member service areas -based on the total of the maximum replenishment obligation identified by ADWR in each member service area's Designation of Assured Water Supply (unless a member can demonstrate a lower volume) SPECIFIC REOUE5T: The Town of Marana urges the State Legislature to approve the CAWCD/CARGD request to amend the bonding authority and adapt a member fee for the acquisition and development of water resources. Such a vote supports the overall. need for Arizona to acquire new water rights and equitably splits the fnancial responsibility between.. all parties who have. joined the CAGRD. • Regular Council Meeting -December 2, 2008 -Page 49 of 67 u Collection of Assured Water Supply (AWS) Credits for the Recharge of Storm-Water BACKGROUND: Arizona Revised Statutes (ARS) Title 45 currently does not allow for storm water to be detained and stored within an Active Management Area (AMA). The flow of water may be slowed, but cannot be "permanently" detained. As such., entities also are not permitted to earn credit toward their assured water supply for water that is recharged through storm water retention basins. Many cities, towns, and counties currently require that any developer responsible for a large project include aretention/detention basin that will handle the run off that is created as a result of the nonporous nature of that development. These basins are intended to capture the water that would have otherwise naturally percolated had the land not been disturbed. These basins serve the same function as a constructed recharge facility except that the volume of water that enters these facilities is not measured. It is possible for municipalities to measure the amount of water captured and recharged by these basins, in essence making them equal. to a constructed recharge facility. PRESENT STATUS: Currently, ARS Title 45 does not allow for the entity (municipality, water provider, etc.) to earn assured water supply (AWS) credits for storm • water recharged using the process described above. SPECIFIC REQUEST: The Town of Marana requests that the state legislature amend the Arizona Revised Statutes Title 45, which would allow governments to collect storm water that is generated on private land within their jurisdiction, and to then recharge such water for credit toward their Assured Water Supply. • Regular Council Meeting -December 2, 2008 -Page 50 of 67 Support of Alts~rna#ive Energy Source :Requirements for Future Growth BACKGROUND: Although Arizona is a state that has long been known for its abundance of sunshine, efforts to maximize utilization of solar energy have never taken hold. In 2006, the Arizona Corporation Commission (ACC) released its Renewable Energy Standard Portfolio, which calls for an increased emphasis through. 2025 on maximizing Arizona's renewable energy sources, including solar energy, as the State's population continues to grow at a dramatic rate. A section of the Renewable Energy Standard Portfolio, known as the Renewable Energy Standard and Tariff Rules, identifies additional technologies and resources as eligible renewable resources and gradually increases the required portfolio percentage of renewable energy resources for affected utilities from 1.25% up to 15% by 2025. In addition to solar energy, the mandate also creates provisions for the use of wind, geothermal,. and biomass as alternative energy sources. PRESENT STATUS: For 2008, the ACC's Renewable Energy Standard and Tariff Rules mandate that affected utilities satisfy an Annual Renewable Energy Requirement in the amount of 1.75% of the retail kilowatt hours (kWh) sold during the calendar year. In her 2008 State of the State Address, Arizona Governor Janet Napolitano voiced support . for the ACC's renewable energy requirement schedule as well as increasing Arizona's opportunities to utilize alternative energy sources, such as solar energy, for new development. SPECIFIC REQUEST: The Town of Marana supports the Arizona Corporation Commission's Renewable Energy Standard Portfolio and encourages the State to continue to research, authorize, and fund programs which seek to reduce Arizona's reliance on non-renewable energy sources for future growth. • Regular Council Meeting -December 2, 2008 -Page 51 of 67 • Authorization of a Pima County Sports and Tourism Authority to Support Spring Training Retention and Expansion BACKGROUND: Major League Baseball has had a presence in the Tucson Metropolitan Area since 1947, when the Cleveland Indians relocated their training efforts to the region. The Colorado Rockies replaced the Indians in 1993 at Hi Corbett Field in Tucson., and in 1998 the Arizona Diamondbacks and Chicago White Sox commenced their training activities at Tucson Electric Park in unincorporated Puna County. In November 200$, the Chicago White Sox organization severed its current contract with Pima County for spring training and selected Glendale, Arizona, as its future home. The reason behind the team's announcement was the poor quality of athletic facilities in Pima County and the small number of teams located in the region. The Glendale stadium is currently being constructed by the City of Glendale with partial reimbursement by the Maricopa County Sports and Tourism Authority, which assesses acounty-wide tax to support both major league and minor league sports activities. The White Sox contract formally ended with Pima County accepting a $~ million buyout from the team. • Since the November 2008 announcement, both the Rockies and Diamondbacks organizations have publicly atmounced plans to exercise clauses in their respective contracts which allow them. to cancel. their contracts with. the City of Tucson and Pima County should the number of teams in the region ever fall below three. These teams have also cited poor facilities as the primary reason behind their desire to leave Southern Arizona. The economic impact of losing spring training baseball. in Southern Arizona has been estimated at up to $30 million annually. PRESENT STATUS: In ]ate 2007, following rumors that the Southern Arizona spring training teams were considering severing their contracts with local governments, leaders from around the region began to develop a plan of action. In early 2008, Pima County approved the formation of an interim Sports and Tourism Authority whose primary objective was to persuade the Arizona State Legislature to grant Pima County the authority to form. a permanent, tax assessing Authority, similar to that of Maricopa County. In order for the Authority to become effective, Pima County would have to use the Legislature's authorization to put to a vote of the people a new taxing authority, which would then add a small sales tax county-wide to fund sports facilities. However, this authorization bill was never considered by the Legislature during the 2008 session. Also in 2008, Town of Marana officials met with the management of the Colorado Rockies organization to discuss a possible spring training facility in Marana. While the. team was interested in various locations in Marana, it was determined that without a Regular Council Meeting -December 2, 2008 -Page 52 of 67 i. i• i• permanent taxing source such as a Sports and Tourism .Authority, financing such a facility would be near impossible. SPECIFIC REQUEST: The Toc~~n of Marana urges the State Legislature to approve a bill. authorizing Pima County to put to a vote of the people the creation. of a permanent, tax assessing Sports and Tourism Authority. Such. a vote. would allow Pima County voters to decide for themselves the importance of spring training baseball and the economic development opportunities associated with professional sports team. facilities. Regular Council Meeting -December 2, 2008 -Page 53 of 67 ~~~~ ~ ~ ! rare or awu.u 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, December 2, 2008, 7:00:00 PM To: Mayor and Council From:. Frank Cassidy ,Town Attorney Item A 2 Subject: Resolution No. 2008-164: Relating to Development; Adopting and authorizing the Mayor to execute a First Amendment to the Foothills Development Agreement with Tapestry Properties III, L.L.C., regarding the Foothills (Tapestry) Development Project Discussion: This item involves the Tapestry property -- the land that was the subject of the Foothills Specific Plan, located between Dove Mountain. and Saguaro Ranch, north of the Butterfly Mountain development on Moore Road. The Foothills Development Agreement was approved by the adoption of Resolution No. 2006- 199 on December 5, 2006, modifying the Foothills Specific Plan by (among other things) substantially reducing densities on the. Tapestry property and authorizing and identifying a 55- acre "Resort/Hotel, CommerciaUOffice and High Density Residential Area" west of the Prospect Wash, generally in the middle of the Tapestry property. The First Amendment to the Foothills (Tapestry) Development Agreement proposed for approval tonight makes the following key revisions to the original agreement: --Paragraph 2.1.1 reduces the 55-acre "Resort/Hotel, Commercial/Office and High Density Residential Area" west of the Prospect Wash to 22.7 acres and sets it back at least 1100 feet from the boundaries of the Tapestry property --Paragraph 2.1.2 creates a 32.3 acre Resort Site in the northeast area of the property (the portion of the property closest to Thornydale Road and Saguaro Ranch), in the area where it was originally located under the Foothills Specific Plan --Paragraph 3.2 provides for the developer's construction of a new Entry Roadway from the roundabout near the Saguaro Ranch entrance to the Resort Site, and paragraph 3.3 commits the Town to use its power of eminent domain to acquire right-of-way for the Entry Road as it crosses a corner of the property lying immediately west of the roundabout (the Barr property) --Paragraphs 3.4 through 3.6 grant the owners of property shown on Exhibit A (the Affected Neighborhood) a right of access across the Tapestry property, subject to the developer's right to relocate the access --Paragraph 3.8 reduces the width of the Thornydale Road extension right-of-way from l50 feet to 1 l0 feet (this is the stretch of road recently proposed to be renamed Cayton Ranch Road, that Regular Council Meeting -December 2, 2008 -Page 54 of 67 • will connect Thornydale Road and Dove Mountain Boulevard) --Paragraph 3.9 changes the trigger for. construction of Cayton Ranch. Road and the Prospect Wash all-weather crossing to address the creation of the Resort Site ATTACHMENTS: Name: Description: Type: ^ Reso re First Amendment to Foothills Ta~est~ DA.DOC Foothills First Amendment to DA Resolution Resolution ^ First Amendment to Foothills_DA (0000861 i.- First Amendment to Foothills DA Backup Material 8~,DOC_ ^ DevelOpAc~tAmdExA-10- Exhibit A to DA 27_08_pdf Exhibit ^ 2092-EXHIBITS-9-30- Exhibit B to DA 08.pdf Exhibit ^ 2092-EXHIBIT G-11-25- Exhibit G to DA 08 pdf Exhibit • • Staff Recommendation: Staff recommends the adoption of Resolution No. 2008-164. Suggested Motion: I move to adopt Resolution No. 2008-164. Regular Council Meeting -December 2, 2008 -Page 55 of 67 • MARANA RESOLUTION N0.2008-164 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A FIIZST AMENDMENT TO FOOTHILLS DEVELOPMENT Al4REEMENT WITH .TAPESTRY PROPERTIES III, L.L.C., REGARDING THE FOOTHILLS (TAPESTRY) DEVELOPMENT PROJECT WHEREAS the Mayor and Council find that the terms and conditions of the First Amendment to Foothills Development Agreement with Tapestry Properties III, L.L.C., are in the best interest of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the First Amendment to Foothills Development Agreement between the Town of Marana and Tapestry Properties III, L.L.C., attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana. 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 aforementioned agreement. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 2nd day of December, 2008. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: • Frank Cassidy, Town Attorney Regul~6~~r~il~ ~~tir~ -December 2, 2008 -Page 56 of 67 11/25/2008 12:29 PM FJC C7 FIRST AMENDMENT TO FOOTHILLS DEVELOPMENT AGREEMENT TOWN OF MARANA, ARIZONA THIS FIRST AMENDMENT TO FOOTHILLS DEVELOPMENT AGREEMENT (this "First Amend- ment") is made by and between the Tower of MANNA, an Arizona .municipal corporation (the "Town") and TAPESTRY PROPERTIES III, L.L.C., an Arizona limited liability company (the "De- veloper"). The Town. and the Developer are collectively referred to in this First Amendment as the "Parties," anyone of which is sometimes individually referred to as a "Parry." RECITALS A. The Parties entered into the Foothills Development Agreement on December 5, 2006, and it was recorded in the Pima County Recorder's office on December 6, 2006 at Docket 12945, Page 5263.. B. The Parties now desire to amend the Foothills Development Agreement by relocating the Resort/Hotel area from the northwestern portion of the Property to the northeastern portion of the Property, to make it more consistent with the terms of the original Foothills Specific Plan and • to accommodate the development of a resort hotel with a main roadway entrance from the north end of Thornydale Road about a half mile north of Moore Road. C. This First Amendment is a "Development Agreement" under A.R.S. § 9-500.05. D. The Town and the Developer acknowledge that the development of the Property pur- suant to this First Amendment will result in planning and economic benefits to the Town and its residents. E. The Developer has made, and by this First Amendment will continue to make, a sub- stantial commitment of resources for public and private improvements on the Property. F. This First Amendment is consistent with the portions of the Town's General Plan that apply to the Property. AGREEMENT Now, THEREFORE, in consideration of the foregoing premises and the mutual promises and agreements set forth in this First Amendment, the Parties hereby agree as follows: Article 1. Effect on the Foothills Development Agreement. l.l. Definitions. Except as amended or supplemented by this First Amendment, words used in this First Amendment shall have the same meanings as in the Foothills Development Agreement. The following definitions supplement those found in the Foothills Development Agreement. l.l.l. The "Affected Neighborhood" means those properties legally described and • depicted on Exhibit A attached to and incorporated by this reference in this First Amend- ment. {00008611.DOC/8} Regui~~gp~jlg~,~~~r~~~.~~,~age 57 of 67 _ 1 _ 11/2.i/200811:32_AM • 1.1.2. The "Affected Neighborhood Access Location" i s where the dirt roadway- that currently provides physical access to the Affected Neighborhood ]eaves the Property and en- ters the Old Thornydale Road right-of--way, approximately 1360 feet north of the Round- ' about. 1.1.3. The "Affected Neighborhood Access Road" is a roadway that connects to the Affected Neighborhood Access Location, providing physical access across the Property to the Affected Neighborhood. The Affected Neighborhood Access Road can be either the Ex- isting Affected Neighborhood Access Road or the New Affected Neighborhood Access Road. 1.1.4. The "Entry Roadway" is an all-weather roadway connecting the Roundabout to the Property as generally depicted on Exhibit B attached to and incorporated by this reference in this First Amendment, to serve as the main entrance to the Resort Site. See paragraph 3.2 of this First Amendment. 1.1.5. The "Estate Lots" are the lots on the Property that fall within paragraph L 1 of the Foothills Development Agreement. L 1.6. The "Existing Affected Neighborhood Access Road" is the dirt roadway that currently provides physical access across the Property to the Affected Neighborhood. 1.1.7. The "New Affected Neighborhood Access Road" is a new private roadway, in equal or better condition than the Existing Affected Neighborhood Access Road, to be con- structed by the Developer across the Property from. either the Entry Roadway or the other lo- . cation indicated on Exhibit C attached to and incorporated by this reference in this First Amendment to .the Affected Neighborhood Access Location. See paragraph 3.4 of this First Amendment. 1.1.8. "Old Thornydale Road" is the portion of Thornydale Road described in para- graph 3.1 of this First Amendment, which follows the section line separating sections 29 and 30, township 11 south, range 13 east, Gila and Salt River base and meridian. 1.1.9. The ``Resort Site" is that portion of the Property identified in subpara- graph 2.1.2 of this First Amendment. 1.1.10. The "Roundabout" is the traffic circle at the north end of the currently paved, public portion of Old Thornydale Road, located about ahalf--mile north of Moore Road (at about the mid-section point of the section line. separating sections 29 and 30, township 11 south, range 13 east, Gila and Salt River base and .meridian). See paragraph. 3.1 of this First Amendment. 1.1.11. "Thornydale Road" as referred to iri the Foothills Development Agreement, including the "future Thornydale Road alignment" (paragraph 1.2), "Thornydale Road right- of-way" (paragraphs 2.1 and 4.1), "Thornydale Road Dedication" (paragraph 4.1), "Thorny- dale Road extension" (paragraph 4.1 and 4.2) and "Thornydale Road improvements" (para- graph 4.2 and Article 9), and as referred to in paragraph 3.8 of this First Amendment, means the future public route that will connect existing Thornydale Road on the east and Dove Mountain Boulevard at Heritage Club Boulevard on the west. 1.2. Modification. The provisions of the Foothills Development Agreement shall remain in effect except as specifically modif ed by the provisions of this First Amendment. (00008611.DOC/8} Regul~r~gg~r~g~,~,~~g~¢,21~~,~age 58 of 67 _ 2 _ 11/25/200811: 32 AM • Article 2. Modification of Land Use Restrictions. 2.1. Resort/Hotel, Commercial/Office and High Density Residential Area. Paragraph 1.3 of the Foothills Development Agreement is modified as follows: 2.1.1.. The 55 acres of Resort/Hotel, Commercial/Office and High Density Residential Area lying west of the Prospect Wash is reduced to 22.7 acres, and shall extend no closer than .1100 feet from the north boundary of the Property. 2.1.2. Up to 323 acres of the Property lying south of the Prospect Wash and within the east 1900 feet of the northeast quarter of section 30, township 11 south, range 13 east, Gila and Salt River base and meridian (this 32.3 acres is referred to in this First Amendment as the "Resort Site") may be used in a manner consistent with the development standards and design guidelines of the Foothills Specific Plan for "Resort/Hotel" uses (part IILF, beginning on page 37), except that the 25% maximum building coverage (Foothills Specific Plan para- graph IILF.2.a.(1)) shall not apply anal that the provision providing for "theme towers to sev- enty-five (75) feet" (Foothills Specific Plan paragraph III.F.2.a.(4)) shall be modified to read "theme towers and other architectural. features to sixty (60) feet." Single-family detached residential uses on the Resort Site shall comply with the average and minimum lot sizes set forth in paragraph 1.1 of the Foothills Development Agreement. 2.2. The Developer shall be entitled to adjust the acreage amounts of 22.7 acres and 32.3 acres set forth in subparagraphs 2.1.1 and 2.1.2 above by not more than 10% each; subject to the following limitations: • 2.2.1. The total acreage of the two areas shall not exceed 55 acres. 2.2.2. The acreages shall be permanently adjusted upon the Town's approval of the first subdivision plat or development plan covering land area that exceeds the 22.7 or 32.3 acres, respectively, for the areas described in subparagraphs 2.1.1 and 2.1.2 above. 2.2.3. The Developer's right to adjust the acreage amounts shall terminate on Decem- ber 31, 2016. 2.2.4. If no subdivision plat or development plan covering land area that exceeds the 22.7 or 32.3 acres, respectively, for the areas described in subparagraphs 2.1.1 and 2.1.2 above is submitted to the Town by December 31, 2016, the acreages shall be permanently set at 22.7 and 32.3 acres. 2.3. Medium-Density Residential Area. The size of the Medium-Density Residential Area in paragraph 1.2 of the Foothills Development Agreement is increased from 35 acres to 35..7 acres. Article 3. Roads. 3.1. Existing Old Thornydale Road Status. Old Thornydale Road currently exists as a two-lane paved public road within a 150-foot public right-of--way from Moore Road to the Roundabout. The road leading to and through the Saguaro Ranch tunnel, a private road serving the Saguaro Ranch development project, connects to the northeast portion of the Roundabout. North of the Roundabout, a narrow, steep and rocky dirt jeep trail meanders within a 150-foot publicright-of--way. The public right-of--way ends at the north section line of sections 29 and 30, • township 11 south, range 13 east, Gila and Salt River base and meridian, and approximately the north 990 feet of the right-of--way is currently outside the town limits of Marana. {00008611.DOC/8} Regul~~g~ar~B~~N~¢~,~,,~age 59 of 67 _ 3 _ 11/25/200811: 32 AM • 3.2. Resort Site Entry Roadway. Developer shall construct the Entry Roadway to specifi- cations determined by aTown-approved geotechnical report or other Town-approved documen- tation. The specific design of the Entry Roadway and its intersection with the Roundabout shall be based on the findings of a traffic study to be prepared by the Developer anal approved by the Town at the development plan stage for the Resort Site. 3.3. Entry Roadway Right-of--Way AccLuisition. The Developer will use commercially reasonable efforts to acquire from the private property owners any and all property rights needed for the Entry Roadway. The Developer shall not construct the Entry Roadway until either (i) the Developer has acquired the necessary property rights pursuant to this paragraph or, (ii) the Town has obtained possession of the necessary property rights by eminent domain, which the Town shall exercise by filing a condemnation lawsuit in Pima County Superior Court within 180 days after .the Developer advises. the Town in writing that it has been unable to obtain the necessary property rights. If the Town exercises its power of eminent domain pursuant to this paragraph, the Developer shall pay all costs of condemnation, including but not limited to the condemnation award to the property owner(s), costs of litigation, and reasonable attorneys' fees. If the Town settles. a condemnation lawsuit, the Developer shall pay the settlement costs, provided that those costs do not exceed the higher of (a) 120% of the appraised value of the property or (b) an amount approved by the Developer. 3.4. Affected Neighborhood Access Road. The Developer hereby grants the Affected Neighborhood permanent rights of vehicular ingress and egress (and no other purposes, includ- ing without limitation equestrian use) over the Existing Affected Neighborhood Access Road, • the specific location of which may be adjusted by the Developer's construction of the New Af- fected Neighborhood Access Road, which itself may be relocated at the Developer's expense un- til its permanent alignment is determined (see paragraphs 3.5 and 3.6 below), provided that ve- hicular ingress and egress is at all times maintained to the Affected Neighborhood. Without lim- iting the generality of the foregoing, the New Affected Neighborhood Access Road may be relo- cated to pass around or through the Resort Site. The Affected Neighborhood Access Road is available for use by and for the benefit of the Developer and shall not be for the exclusive use of the Affected Neighborhood. Nothing in this First Amendment requires the Developer to provide access of any kind other than to the Affected Neighborhood Access Location. The permanent rights granted by the Developer pursuant to this paragraph allow the Affected Neighborhood to use the Affected Neighborhood Access Road for vehicular access to existing Affected Neighbor- hood uses or Affected Neighborhood uses that are consistent with the existing Pima County Ru- ral Homestead (RH} zoning only. 3.5. Timing of Roadwa~provements. Before the Town issues a certificate of occu- pancy for any non-residential structure for the Resort Site or before the Town releases assurances for any residential units for the Resort Site, construction of the Entry Roadway (paragraph 3.2 above) shall be completed and the permanent alignment of the Affected Neighborhood Access Road (see paragraph 3.4 above and paragraph 3.6 below) shall be determined and, if applicable, the New Affected Neighborhood Access Road shall be constructed. Before approving a final in- spection on any residence in the Resort Site, the residence must be connected via paved roadway to the Town's paved public roadway system. Unless and until the Developer identifies the per- manent alignment of the Affected Neighborhood Access Road (paragraph 3.4 above) and, if ap- plicable, constructs the New Affected Neighborhood Access Road, the Town may withhold all • certificates of occupancy, final inspections, and releases of assurances for any and all develop- ment on the Resort Site and on the five residential lots identified by cross-hatching on Exhibit C {000086ll.DOC/8} Regul~~~px~BN~¢,21~~~age 60 of 67 _ 4 _ 11/25/200811: 32 AM • attached to and incorporated by this reference in this First Amendment. The Town's right to withhold certificates of occupancy, final. inspections, and releases of assurances pursuant to this paragraph is a contract right granted by this First Amendment, and is granted notwithstanding any right of the Developer or its successors in interest to receive certificates of occupancy or fi- nal inspections pursuant to the Marana building codes or to receive releases of assurances pursu- ant to the applicable subdivision laws or regulations. 3.6. Timing of Affected Neighborhood Access Rights. Although the New Affected Neighborhood Access Road may already be constructed in some format, the Developer is not obligated to execute a deed of easement or :other documentation evidencing Developer's grant of permanent rights of vehicular ingress and egress over the New Affected Neighborhood Access Road to a particular owner of property within the Affected Neighborhood unless and until the Developer identifies the permanent alignment of the Affected Neighborhood Access Road (para- graph 3.4 above) and that Affected Neighborhood owner forever quit-claims any and all access over both of the following: 3.6.1. The Existing Affected Neighborhood Access Road. 3.6.2. The Old Thornydale Road right-of--way that is the subject of abandonment pro- ceedings addressed in paragraph 3.7 below. 3.7. Old Thornydale Road Abandonment Proceedings. Within 60 days after the effective date of this First Amendment, the-Town shall begin and diligently pursue abandonment proceed- ings pursuant to A.R.S. § 28-7201 et seq. to abandon the existing Old Thornydale Road right-of- • .way from just north of the Roundabout and the Entry Roadway to just south of the Affected Neighborhood Access Location.. The Developer acknowledges that roadway abandonment is a discretionary, legislative act of the Town Council. The Parties acknowledge the Town's obliga- tion to proceed as required by law, including the need to address any rights of property owners and utility companies that rely on the right-of--way sought to be abandoned, and the Parties agree to cooperate in good faith to address those rights justly and appropriately while working toward the goal of full abandonment of the right-of--way without the need to reserve rights in the aban- doned right-of--way pursuant to A.R.S. § 28-7215(A). The Developer may for all purposes in- clude in its zoning compliance and disturbance calculations the west 75 feet of the existing Old Thornydale Road right-of--way anticipated to be abandoned by this paragraph and may increase the 155 acres (40%) of the Property that may be disturbed (see paragraph 2.1 of the Foothills Development Agreement); provided. that the abandonment shall have been completed before the Town grants any development approval (final plat, development plan, building permit, grading permit, etc.) that requires the Developer to own the abandonment area in order for the develop- ment approval to conform to the density and disturbance requirements of the Foothills Develop- ment Agreement as amended by this First Amendment. 3.8. Thornydale Road Dedication. The Thornydale Road extension right-of--way the De- veloper is required to dedicate pursuant to paragraph 4.1 of the Foothills Development Agree- ment is hereby reduced from 150 feet to 110 feet. 3.9. Thornydale Road Improvements. The roadway construction required by paragraph 4.2 of the Foothills Development Agreement, including the construction of an all-weather cross- ing of the Prospect Wash, shall be completed before both of the following: • 3.9.1. The Town issues a certificate of occupancy for any non-residential structure of the Property identified in paragraph 2.1.1 of this First Amendment or before the Town re- {00008611.DOC/8} Regul~~gp~r}~jIN~¢~~~~~age 61 of 67 _ 5 _ 11/25/200811:32AM • leases assurances for any residential subdivision for the portion of the Property .identified in paragraph 2.1.1 of this First Amendment; and 3.9.2. The later to occur of the following (the order of which the Developer may se- lect in its sole discretion): 3.9.2.1. The Town's release of assurances for the last 20 Estate Lots on the Prop- - erty, or 3.9.2.2. The Town's issuance of a certificate of occupancy for any non-residential structure on the Resort Site or the Town's release of assurances for any residential subdi- vision on the Resort Site. Article 4. Proposition 207 Waiver Developer hereby waives any claim it may have (if any) under the Private Property Rights Protection Act adopted by initiative in 2006 as "Proposition 207," including specifically but without limitation any potential claim under A.R.S. § 12-1134, for any change or reduction in the Developer's right to use, divide, sell or possess the Property resulting from this First Amend- ment. Article 5. General Terms and Conditions. 5. L Term. This First Amendment 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 First Amendment (the "Effective Date"). The term of this First Amendment shall begin on the Effec- tive Date and, unless sooner terminated by the mutual consent of the Parties, shall automatically terminate and shall thereafter be void for all purposes on the termination date of the Foothills Development Agreement. 5.2. Incorporation of Provisions and Boilerplate. All provisions of the Foothills Devel- opment Agreement not modified by this First Amendment are incorporated here by this refer- ence. The interpretation of incorporated provisions and boilerplate shall not be affected by the fact that some provisions and boilerplate are, for convenience or emphasis, restated or reiterated in this First Amendment. 5.3. Entire Agreement. The Foothills Development Agreement and this First Amendment constitute the entire agreement between the Parties pertaining to the subject matter of the Foot- hills Development Agreement and this First Amendment. All prior and contemporaneous agree- ments, representation and understanding of the Parties, oral or written, are hereby superseded and merged in the Foothills Development Agreement and this First Amendment. 5.4. Authori .Each Party represents and warrants that the individual executing this First Amendment on its behalf is authorized and empowered to bind the Party on whose behalf each such individual is signing. 5.5. Interpretation. This First Amendment has been negotiated by the Town and the De- veloper, and no party shall be deemed to have drafted this First Amendment for purposes of con- struing any portion of this First Amendment for or against any party. 5.6. Recordation. The Town shall record this First Amendment in its entirety in the office of the Pima County Recorder no later than ten days after it has been executed by the Town and • the Developer. {00008611.DOC/8} Regul~r~~px~'Ig~~,~~¢~jl~~~~age 62 of 67 _ 6 _ 11/2J/200811:32AM 5.7. No Develo er Re resentations. Exce t as s ecificall .set forth. in this First Amend- . p p P P Y ment, nothing contained in this First Amendment shall be deemed to obligate the Town or the Developer to complete any part or all of the .development of the Property. 5.8. Approval If any Party is required pursuant to this First Amendment to give its prior written approval, consent or permission, such approval., consent or permission shall not be unrea- sonably withheld or delayed. 5:9. Conflict of Interest. This First Amendment is subject to A.R.S. § 38-511, which pro- vides for cancellation of contracts in certain instances involving conflicts of interest. IN WITNESS WHEREOF, the Parties have executed this First Amendment as of the last date set forth below their respective signatures. TOWN: DEVELOPER: THE TOWN OF MARANA, an Arizona munici- pal corporation By: Ed Honea, Mayor • Date: ATTEST: Jocelyn C. Bronson, Clerk APPROVED As To FORM: Frank Cassidy, Town Attorney • TAPESTRY PROPERTIES III, L.L.C., an Ari- zona limited liability company By: FOOTHILLS MARANA, L.L.C., an Ari- zona limited liability company, a Member By: TOWN WEST REALTY, INC., an Ari- zona corporation, its Manager By: Title: Date: By: GEORGIO L.L.C., an Arizona limited liability company,. a Member By: George Costantini, Manager and Member Date: By: FUTURE of NEw MEXICO, L.P., a Delaware limited partnership, a Member By: Peter Fasseas, General Partner Date: {00008611.DOC/8} Regul~r~px~'IgN~¢,21i~~~age 63 of 67 _ 7 11/25/200811: 32,~M • STATE OF ARIZONA ) SS _ County of Pima ) The foregoing instrument was acknowledged before me on 2008, by as of TowN WEST REALTY, INC., an Arizona corporation, as Manager of FOOTHILLS MAxANA, L.L.C., an Arizona limited liability company, as a Member of TAPESTRY PROPERTIES, III, L.L.C., an Arizona limited liability company, on behalf of the LLC. My commission expires: Notary Public STATE OF ARIZONA ) ss County of Pima ) The foregoing instrument was acknowledged before.. me on 2008, by George Costantini, as the Manager and the Member of GEORGIO L.L.C., an Arizona limited li- ability company, a Member, as a Member of TAPESTRY PROPERTIES, III, L.L.C., an Arizona lim- ited liability company, on behalf of the LLC. My commission expires: Notary Public STATE OF ARIZONA ) Ss County of Pima ) The foregoing instrument was acknowledged before me on , 2008, by Peter Fasseas, as the General Partner of FUTURE OF NEw MExlco, L.P., a Delaware limited partner- ship, as a Member of TAPESTRY PROPERTIES, III, L.L.C., an Arizona limited liability company, on behalf of the LLC. My commission expires: • Notary Public {0000861 LDOC/8} Regul~~~~~,~~r~~~,~~age 64 of 67 _ g _ 11/25/200811:32AM I ~' ~' I i I I I I I J I I / ti ~ Q- 21910012E ~ ' i~ Q - 21910012D ~ ' ;~ ~ Q - 21.9100060 ~ ~~ - ®- 21930005A __~ , )) Q - 219100158 - i ~ 1( 0 O © Q- 21910015A ~ ; 5 ~; Q - 21930058 L--- ' O i ~ I J I ' I O i ~ I ,- I I "~ --- /~ I - -------~ ,~ I ~i ~ ~ -~ I ~ ~~ ~ _ TAPESTRY I I ~ ~ ' - ~ ~r ~ ESTATES I I f ~ I // __~ --r I F-- I ~ ~ I I C-I ~ ~ ~ ~ ~\ III I ~ i ~~ `~ '~ I I ~ Q ~ / I 11 `\ 1~ II ' I ~ to ~ ~ I I I Q I !~ IIjIIJ I I ~~ I I I ~ \ ~ ( I II J ~ -- I ~~_.~-$ \\ ~ ~ ~ `--f j~~---r----F----r---- EXHIBIT A "AFFECTED NEIGHBORHOOD' TAPESTRY ESTATES 1=750' `° QQB~~~~aker2~&a pAs~sSociates Engineering, Inc. ~ 9 ~f~~~Ufln86 U~IV9; ~I~B°5 Tucson, Arlmna 85718 (520) 818-1950 Fax (520) 31&1930 • • ~- _, -__ _. ~ __ / Y - ~~. `i ~_N __ -- _ i ~- =~~ _ ,; ~' ~ ~~ ~~ _ ~,, ,- , ~ ~ ~~ ~~~~ 1 , ~ , ., ____._ .~ ~ ____ ~i---~~ ~~ _ ~ ~~ , w EXHIBIT B ' ENTRY ROADWAY FOR ACCESS TO RESORT i.-5o. ~ TAPESTRY ESTATES .:. F }~ ° ~ Baker & Associates Engineering, Inc. 3561 E. Sunrise Drive, Suite #225 Tucson, Arimna 85718 (520) 318-1950 Fax (520) 318-1930 Regular Council Meeting -December 2, 2008 -Page 66 of 67 ~ ~ ~ I ~ I I / ~~ _ I~ -~--' I I I ~ ~ 1 I II ~~ ~ i ~~ ~ ~ I ti (/ ~ I ~ Je \\ ~ ~~ ~ ,1~~ \~~~-~ ~ L ~ I~ ~ \I ~~ 1 -------~ C ~ °~ I I ~-~ S o~ I o l l~ I __ la I I r I~ I ~ ~ ~ --I----~-~ I `~ ~ I I I I i / i t I I I EXHIBIT C 1'=750' TAPESTRY .ESTATE, LOTS 1-153, BLOCKS 1 and 2 ~.~~;: °~,~ _ Baker & Associates Engineering., Inc. ~ s ~I~.'~urir~°e~r~ire9~u~e°~7t5 Tucson, Admna 85718 (520) 81&1950 Fax (520) 31&1930 "/25/os