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HomeMy WebLinkAbout03/03/2009 Council Agedna PacketREGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, March 3, 2009, 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 special services are available upon prior request to the Town Clerk at least 10 working days prior to the Council meeting. Regular Council Meeting -March 3, 2009 -Page 1 of 47 Agendas Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online at w:..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, March 02, 2009, 7:00 PM, at the Marana Municipal Complex, the Marana Operations Center and at ~yJw.marana.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 1: Presentation: Relating to Pinal County Comprehensive Plan (Jocelyn Bronson) ANNOUNCEMENTS/UPDATES PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS TOWN REPORTS GENERAL ORDER OF BUSINESS CONSENT AGENDA 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. Regular Council Meeting -March 3, 2009 -Page 2 of 47 C 1: Resolution No. 2009-25: Relating to Development; approving and Authorizing a Final Plat for Dove Mountain Resort II, Lots 79-97, 154-172 and Block "L" (Kevin Kish) C 2: Resolution No. 2009-26: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a person transfer and a location transfer of a No. 6 (Bar) liquor license submitted by James A. Shiner on behalf of Lazy K Stardance, LLC, 8110 N. Scenic Drive, Tucson, AZ 85743 (Jocelyn Bronson) C 3: Resolution No. 2009-27: Relating to Development; endorsing and supporting the Pinal County Comprehensive Plan Draft (Jocelyn Bronson) C 4: Minutes of the February 10, 2009 special council meeting and the February 17, 2009 regular council meeting COUNCIL ACTION A 1: Relating to Offenses; decision whether to reconsider Ordinance No. 2009.01 adopted on February 3, 2009, amending Title 11 of the Marana Town Code to prohibit the act of leaving a child under the age often unattended in a motor vehicle; adding chapter 11-8; renumbering existing chapters 11-8 and 11-9 (Jane Fairall) A 2: Ordinance No. 2009.01: Relating to Offenses; reconsideration of Ordinance No. 2009.01 adopted on February 3, 2009; amending Title 11 of the Marana Town Code to prohibit the act of leaving a child under the age of ten unattended in a motor vehicle; adding Chapter 11-8; renumbering existing Chapters 11-8 and 11-9; and designating an effective date (Jane Fairall) A 3: Ordinance No. 2009.04: Relating to Offenses; amending Title 11 of the Marana Town Code to prohibit the act of leaving a child under the age of eight unattended in a motor vehicle; adding Chapter 11-8; renumbering existing Chapters 11-8 and 11-9; and declaring an emergency (Jane Fairall) BOARDS, COMMISSIONS AND COMMITTEES ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: State Legislative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature (Steve Huffman) 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. § 38-431.03(A)(3),(4) and (7), discussion or consultation for legal advice with the Town's attorneys and discussion and to consider its position and instruct the Town Manager and staff concerning possible acquisition of certain water infrastructure and accounts and water rights and/or resources E 3: Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), discussion or consultation for legal advice with the Town's attorneys and discussion and to consider its position and instruct the Town Manager and staff concerning (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 Regular Council Meeting -March 3, 2009 -Page 3 of 47 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) ADJOURNMENT Regular Council Meeting -March 3, 2009 -Page 4 of 47 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, March 3, 2009, 7:00:00 PM To: Mayor and Council Item P 1 From: Jocelyn Bronson ,Town Clerk Subject: Presentation: Relating to Pinal County Comprehensive Plan Discussion: Ken Buchanan, Assistant County Manager and Jerry Stabley, Planning and Development Director for Pinal County, will update the Mayor and Council on the Pinal County Comprehensive Plan Draft. They will also be requesting that Council pass a resolution of support for the Comprehensive Plan at tonight's meeting. ATTACHMENTS: Naive: I}escription: Type: Nc~ Attachments Available Staff Recommendation: Suggested Motion: Regular Council Meeting -March 3, 2009 -Page 5 of 47 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, March 3, 2009, 7:00:00 PM To: Mayor and Council From: Kevin Kish ,Planning Director Item C 1 Subject: Resolution. No. 2009-25: Relating to Development; approving and Authorizing a Final Plat for Dove Mountain Resort II, Lots 79-97, 154-172 and Block "L" Discussion: History The Dove Mountain Resort Final Plat, Lots 1-153, Blocks "A-O" and Common Areas "A-G" was approved by Town Council on June 19, 2007 by Resolution No. 2007-112 recorded at Book 62, Page 71. Location The subdivision is within the Dove Mountain Specific Plan area generally located north of Dove Mountain Boulevard road, approximately 2 %2 miles north of Tangerine Road and east of Secret Springs Drive. Request The applicant is requesting partial resubdivision of lots 79-97, Block "L and Common Area "B" (Open Space) of the original Dove Mountain Resort Final Plat to create new lots 79-97, 154-172 and Block "L". The residential portion of the new plat has the land use designation Resort (R) and Block "L" is designated Mixed Use Commercial (MUC) and Resort (R) per the Dove Mountain Specific Plan. This new final plat will divide 19 existing lots into 38 lots with a new range of lot sizes from 9,600 square feet to 12,389 square feet with an average lot size of 10,763 square feet. The new lots will be in conformance with the Dove Mountain Specific Plan Resort Land Use Designation. These lots are being created to allow for a different style of home product that will be garage attached and known as "Paired Villas". In addition to the residential lot change, the boundary of Block "L" is being adjusted with Common Area "B" enlarging Block "L" by .54 acres. There will be no change to the existing roadway network established by the original plat. ATTACHMENTS: Name: Description: Type: ^ Resolution 2009-25 Do ve .. Mountain Resort II FPA.doc Resolution No. 2009-25 Dove Mountain Resort II FP Resolution ^ DM_R_II__Applcaton.pd_f Application Backup Material ^ DMR._..LL_L..oca..ton_M_appdf Location Map Backup Materia! Regular Council Meeting -March 3, 2009 -Page 6 of 47 ^ DMR_li_FP._pdf PR~f-0612FIA dove Mountain Resort II FP Backup MateriaC Staff Recommendation: Staff recommends approval of a final plat for Dove Mountain Resort II. Staff has reviewed the application for compliance with the Dove Mountain Specific Plan, the Marana Land Development Code and the Marana General Plan. This final plat is in conformance with all required development regulations. Suggested Motion: I move to approve Resolution No. 2009-25. Regular Council Meeting -March 3, 2009 -Page 7 of 47 MARANA RESOLUTION N0.2009-25 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A FINAL PLAT FOR DOVE MOUNTAIN RESORT II, LOTS 79-97, 154-172 AND BLOCK "L" WHEREAS, the applicant, OPW Engineering, LLC representing the property owners of Dove Mountain Resort, has applied for approval of a final plat for a partial resubdivision of the Dove Mountain. Resort Final Plat, Lots 1-153, Blocks "A-O" and Common Areas "A-G" to create the Dove Mountain Resort II Final Plat which consists of lots 79-97, 154-172, and Block "L" on 17.63 acres within the Dove Mountain Specific Plan, and generally is located northerly of the Dove Mountain Boulevard, approximately 2 1/2 miles north of Tangerine Road and east of Secret Springs Drive, within Sections 14 and 23, Township 11 South and Range 13 East; and WHEREAS, the Town Council, at their regular meeting on March 3, 2009 has determined that the Dove Mountain Resort II final plat should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Dove Mountain Resort II final plat, lots 79-97, 154- 172, Block "L", is hereby approved. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 3rd day of March 2009. ATTEST: Mayor Ed Honea Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regular Council Meeting -March 3, 2009 -Page 8 of 47 r'~~ I^. ARANA /1\ J% -, iF { k r #..:.~ VI 6 k PLANNING 8c ENGINEERING APPLICATIQIV I. TYPE OF APPLICATIC}N Check Uss ^ Preliminary Plat ~ Final Plat ^ General Flan Amendment ^Variance ^ Development flan ^ SWPPP ^ Landscape Plan ^ Native Plant Permit ^ Specific Plan Amendment ^ Conditional Use Permit ^ Re~nelSpecific Plan ^ Annexation ^ Significant Land Use Change ^ Minor Land Division ^ Water Plan ^ Improvement Plan (specify type in Description of Project box*) ^ Other Zr .GENERAL DATA RE UIREll. Assessor's Parcel ~ e ~ ~{~CT ~` ~ ~ E F3 General Plan Designation ~ /'~' Numbs s To be confirmed b sta Gross Area {Acre/Sq. Ft.) I "l ~ ~.,~ ~c Current Zoning ~ 4' To be confirmedb sta DevelopmentlProject Narne ~~~ ~ t,,t~~ u T ,~ t N tz~5at~,'t ~ Proposed Zoning 5a ~.,~ E Project Location i'AR'f t D K 4 O F SE G' S 14 ~+ 2~ , "'t' t 15 ~ TL, i'~ ~ , ~ 5 rL t~ , t~ ,a.rt.,A k-+-n t~.Z Description of Proj ect* L.Ot`S `t~ " °1'~1 , t 54 - i'12 ,a na h c K.. t_ - >~v t.~. ~ t~ t~ r l+• T"i' ~ ~. ~ ~. D Property Owner 5 n 2 ' ~n~ -Ct'Ctk ,~d~t.at,Y TAuS't -tt t St"1'i -T D M "tCi' t ~~ ~ 5'1 r~.~t~s'i s Street Address ~ 1 5b ~ ~+* ~ u n.~rt ~ „~~ ~ City State Zip Code Phone Number Fax Number E-Mail Address it,~G. A`Z $r''7ei ~h0°b~'?.9° 74Q°b~4.3~ k~iar~+v4.W~~PP1Gc~1~Fa3-G~r,r, Contact Person '~ -. rrt ~i~ g ~ Phone Ntunber / E-mail ~ 7r~p - 2 ~i t,dJ l+k ~E t-1 Fc N '~, Applicant C~jTlGt-t~~ 't~lltiPEj'1.-C~~S Street Address 2 ~ c3~-~ ~' . r~ C3'1.~ D,tc~ Ult ~ -~, t~ City State Zip Code Phone Number Fax Number E-Mail Address ~'t> C..~ lt' 2 $ S "1 t 8 ~ - `d 42 ~ ~ S i/l- H h ~,t.c rs~-~.,t Contact Person Phone Number f E-mail X311 i v1a, n ~. Gad r wc~ ool . Gt> +~ ~~tv~.~ Agent/Representative ~-~, ~ ~~~ { ~~~ `~ ~ ~L, ~ Street Address 1 aba ~ . i ~t~~~ v~ 3~1 G v~. City State Zip Code Phone Number Fax Number E-Mail Address 1 u t.. /~'L ~j ~j'} 1 rj 2~C L - ~554~ 2~1~- i,~iGa~ ~~z~r~e trGt.rt`~~ Contact Person Town of Marano Business ~a'"~°€? uS ~ rte~n _ Ga Yn License No. 3. AUTHQRIZA'J'ION 4F PR UPERTY OWNER I, the undersigned,. certify that all of the facts set forth in this application are true to_the best of my knowledge and that I am either the owner of the property or that I have been authorized in writine by the owner to file this app[ication and checklist. (If not owner of ~ : 4 ~ ; ~ ° record, attach written authorization frnm the owner. ~ .-, , '1 i 1/ ~ ~ . r_Q~(}~+~3 ~ T"1 ~;~ ~, .« ~t 4.,,( _:.t t-L }. ~ ~ 7 ,-It+ j~Q t ~ - y ~ ~ ) }~' (, t { ~ ! Print Name of A lcant/A ent Si a Date 1~~~~`~+°.~44~'t@~'l~l~~v~~~lc~~8~~1'i~arana, AZ 85b53-7003^Telephone {520) 3$2-26011^Fax (520) 382-2b41 ~' ,~ R Dove Mountain Resort II, : Lots 79-97, 154-172 & Block i - , ~ ~ .,L.. Fin I PI t a a .__.---~ . ~f ~ -~ ^ CASE P RV-06012 F/A ; ~ T~jt~f~ V~ ~4rFf^~dti~it4,~s Ritz Carlton Ritz Carlton Golf Clubhouse r ~,. ,O~ ~ ~~~ ~ Z Q . Ga{{ery Parc U ~ _j 4A r7 ~. ? ~ ~ % ~~ ~ r" ~ct'~ ' ~ S~~~ r, i ~~ SUBJECT PROPERTY NQ~ ~ F,y~ Common Area B ~G NT,q~ Block L ~ d el t ~ ~ ~`~~ Gallery Parc~el/3 ~c`, ~~ ~ i~ ' ~ ~ .` ,\ - _\ .~ Request o 550 1100 ft. A request for a partial resubdivision of the Dove Mountain Resort Final Plat, Lots 79-97, Block "L" and a portion of Common Area "B" Data Disclaimer: The Town of Marana provides this map information'As Is' at the request of the user with the untlerstanding that is not guaranteed to be accurate, correct or complete and conclusions drawn from such information are the responsibility of the user, In no event shall The Town of Marana become liable to users of these data, or any other party, for any loss or direct, indirect, special incidental or consequential damages, including but not limited to time, money or goodwill, arising from the use or modification of the data. 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R-n~bn:~ ~=P#Ir P==±~p.~~+s ~ Z$ZZ ZZZ2~ 1SNI1 Ertl 0S~SO~O~ 60~Z/02/1 PEO-a 10\~X\09050\SE\sgo~'rydp'~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, March 3, 2009, 7:00:00 PM To: Mayor and Council From: Jocelyn Bronson ,Town Clerk Item C 2 Subject: Resolution No. 2009-26: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a person transfer and a location transfer of a No. 6 (Bar) liquor license submitted by James A. Shiner on behalf of Lazy K Stardance, LLC, 8110 N. Scenic Drive, Tucson, AZ 85743 Discussion: James A. Shiner, on behalf of Lazy K Stardance, LLC is applying for a person transfer and a location transfer of a No. 6 (Bar) liquor license for premises located at 8110 N. Scenic Drive. 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-4-15-102. A copy of the application is on file with the Town Clerk and is not contained with these materials. Regular Council Meeting -March 3, 2009 -Page 15 of 47 ATTACHMENTS: Name: Description: Type: ^ Approval_Reso_Lazy K.doc ApprovaE Resolution Resolution ^ _DsapprovalRe_sa_Lazy K.doc Disapproval Resolution 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. 2009-26. or I move to disapprove Resolution No. 2009-26. Regular Council Meeting -March 3, 2009.- Page 16 of 47 MARANA RESOLUTION N0.2009-26 RELATING TO LIQUOR LICENSES; APPROVAL AND RECOMMENDATION TO THE STATE LIQUOR BOARD FOR A PERSON TRANSFER AND A LOCATION TRANSFER OF A NO. 6 (BAR) LIQUOR LICENSE SUBMITTED BY JAMES A. SHINER ON BEHALF OF LAZY K STARDANCE, LLC, LOCATED AT 8110 N. SCENIC DRIVE 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, James A. Shiner has applied for a person transfer and a location transfer of a No. 6 (Bar)liquor license on behalf of Lazy K Stardance, LLC, .for premises located at 8110 N. Scenic Drive; 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 8110 N. Scenic Drive 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 March 3, 2009, and has determined that it is in the best interests of the Town and its citizens that the application for a person transfer and a location transfer of a No. 6 (Bar) liquor license for Lazy K Stardance, LLC, filed by James A. Shiner for premises located at 8110 N. Scenic Drive 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 person transfer and a location transfer of a No. 6 (Bar) liquor license for Lazy K Stardance, LLC, filed by James A. Shiner for premises located at 8110 N. Scenic Drive. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 3rd day of March, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -March 3, 2009 -Page 17 of 47 MARANA RESOLUTION N0.2009-26 RELATING TO LIQUOR LICENSES; RECOMMENDATION OF DISAPPROVAL TO THE STATE LIQUOR BOARD FOR A PERSON TRANSFER AND A LOCATION TRANSFER OF A NO. 6 (BAR) LIQUOR LICENSE SUBMITTED BY JAMES A. SHINER ON BEHALF OF LAZY K STARDANCE, LLC, LOCATED AT 8110 N. SCENIC DRIVE 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, James A. Shiner has applied for a person transfer and a location transfer of a No. 6 (Bar) liquor license on behalf of Lazy K Stardance, LLC, for premises located at 8110 N. Scenic Drive; 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 8110 N. Scenic Drive 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 March 3, 2009, and has determined that it is in the best interests of the Town and its citizens that the application for a person transfer and a location transfer of a No. 6 (Bar) liquor license for Lazy K Stardance, LLC, filed by James A. Shiner for premises located at 8110 N. Scenic Drive be disapproved. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR. AND COUNCIL FO THE TOWN OF MARANA, ARIZONA, that the Town recommends disapproval of the application for a person transfer and a location transfer of a No. 6 (Bar) liquor license for Lazy K Stardance, LLC, filed by James A. Shiner for premises located at 8110 N. Scenic Drive. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 3ra day of March, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -March 3, 2009 -Page 18 of 47 11555 W. CIVIC CENTER. DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, March 3, 2009, 7:00:00 PM To: Mayor and Council From: Jocelyn Bronson ,Town Clerk Item C 3 Subject: Resolution No. 2009-27: Relating to Development; endorsing and supporting the Pinal County Comprehensive Plan Draft Discussion: Ken Buchanan, Assistant County Manager, and Jerry Stabley, Planning and Development Director for Pinal County, have updated Mayor and Council on two previous occasions regarding the Pinal County Comprehensive Plan Draft. At an earlier presentation this evening, Mr. Buchanan and Mr. Stabley requested that Council support the Plan by passing a resolution.. ATTACHMENTS: Name: ^ Resolution 2009-27 Draft - __ Pinal_County_Comprehensve PI_andoc Staff Recommendation: Description: Pinal County Comprehensive Plan Draft Reso Staff recommends support for the Pinal County Comprehensive Plan Draft. Suggested Motion: Type: Resolution I moved to approve Resolution No. 2009-27 supporting the Pinal County Comprehensive Plan Draft. Regular Council Meeting -March 3, 2009 -Page 19 of 47 MARANA RESOLUTION N0.2009-27 RELATING TO DEVELOPMENT; ENDORSING AND SUPPORTING THE PINAL COUNTY COMPREHENSIVE PLAN DRAFT WHEREAS, the Cities, Towns, and the unincorporated areas of Pinal County have experienced unprecedented growth; and WHEREAS, Pinal County is in the heart of the Sun Corridor Megapolitan, with the Sun Corridor is projected to have 10 million people by 2040; and WHEREAS, citizens from all over Pinal County, in incorporated and unincorporated areas, have gathered to develop the Pinal Vision which has seven major values: Open Spaces and Places, Sense of Community, Economic Sustainability, Quality Educational Opportunities, Healthy -Happy Residents, Mobility anal Connectivity, and Environmental Stewardship; and WHEREAS, the Town of Marana has annexed it's incorporated boundary into Pinal County (Ordinance Number 2007.08) and in order to provide recommendations and respond to growth issues, the Marana General Plan includes portions of Pinal County in its Planning Area Boundary; and WHEREAS, Pinal County and the Cities and Towns within and adjacent to Pinal County wish to develop infrastructure in a way that minimizes public expenditures; and WHEREAS, it is in the best interests of Pinal County and the Cities and Towns to locate high quality jobs in Pinal County, thereby avoiding excessive commuting to neighboring Counties; and WHEREAS, the Pinal County Comprehensive Plan Draft will form a solid foundation for all communities in the County to build upon and address the values that our. citizens have identified; and WHEREAS, the Mayor and Town Council of the Town of Marana committed staff to participate in the development of the Comprehensive Plan; and WHEREAS, the approval of the updated Comprehensive Plan by the County will not impact the sovereignty of Cities and Towns to plan and zone within their incorporated boundaries. Marana Resolution No. 2009-27 Regular Council Meeting -March 3, 2009 -Page 20 of 47 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the recommendations of the February 2009 Pinal County Comprehensive Plan Draft are hereby supported and recommended for adoption by the Pinal County Board of Supervisors. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 3rd day of March, 2009. Ed Honea, Mayor ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution No. 2009-27 Regular Council Meeting -March 3, 2009 -Page 21 of 47 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, March 3, 2009, 7:00:00 PM To: Mayor and Council From: Item C 4 Subject: Minutes of the February 10, 2009 special council meeting and the February 17, 2009 regular council meeting Discussion: ATTACHMENTS: Name: ^ 02-10-09_SpeGal__Draft Mnutes.pdf Description: 02-10-2009 Special Meeting Minutes ^ 02 17.09. Draft Mnutes.pdf 02-17-2009 Regular Meeting Minutes Staff Recommendation: Suggested Motion: Type: Backup Material Backup Material Regular Council Meeting -March 3, 2009 -Page 22 of 47 .~ ~A 1~ ~1 '~. S'O~t O. KRRR4 SPECIAL COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, February 10, 2009, at or after 6:00 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 SPECIAL MEETING CALL TO ORDER AND ROLL CALL All Council Members were present. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE APPROVAL OF AGENDA Motion by Carol McGorray, second by Council Member Post. Passed unanimously. CALL TO THE PUBLIC Sheryl Cummings, Steve Blomquist, and Tim Blowers all revisited the right-of--way and`easement issues, which were the subject of the February 3, 2009 Council meeting, regarding Saguaro Ranch and Thornydale Road. Council Members Comerford, Ziegler. and McGorray acid Council Member Clanagan addressed several issues raised by the speakers. David Morales spoke to the issue of groupthink as mentioned by President Obama recently, free lunch, chaos at the last meeting due to the number of people speaking, and rushing through the ordinance about the babies in the car that should be revisited. PRESENTATIONS P 1: Presentation: Relating to discussion on the proposed expansion of the Marana Community Correctional Treatment Facility Mr. Kish presented this item and outlined the proposal to expand the facility. He noted that the current facility was constructed in 1994 and since that time there have been no Regular Council Meeting -March 3, 2009 -Page 23 of 47 major incidents. Mike Murphy with MTC, the parent company that oversees the Marana facility, addressed Council. He noted that the facility is in desperate need for upgrading, including a new classification criteria classification. MTC is a privately run family business in operation for over 20 years. They are the third largest private provider of private prisons in the U.S. with 8,000 employees. They consider themselves a training and education company for inmates ages 16-21. Rehabilitation is the primary mission. of the facility. He then discussed the facility performance over the years relating to education component of the program. They currently operate 16 prisons in five states. All facilities are accredited, attributed to the high standards. In Marana they have 112 employees, with an annual payroll of $4.7M, 34,000+ community service hours equating to about $227,000 in savings to the town. He then presented the classification modification they are requesting. Mr. Murphy then presented the justification for the. request. They are losing money due to lack of the type of inmate that qualifies for their facility. They are asking permission to allow for an additional 500 itunates with the possibility of a maximum capacity of up to 2,000 male or female minimum custody inmates. Mayor Honea asked if the type of crime would change. John Hallahan from the Department of Corrections then addressed Council as to the type of inmates that would be eligible for Marana's facility under the new cla~sitlcation. There is no change in the exclusions for Marana. The only change is the time of incarceration. Council Member Comerford asked about the safety to the citizens try expanding to 2,000 inmates. Vice Mayor Kai asked about salaries of the employees and their residency. Warden Royal responded from about $28,000 to the mid $40,000s. Upon motion of Council Member Clanagan, second by Council Member Post, it was unanimously approved to direct staff to continue to work with MTC and bring back a proposal for Council consideration. P 2: Presentation: Relating to Development; a presentation on the proposed Mandarina Specific Plan Presented by Kevin Kish. Marc Palkowitz, the owner of the property under discussion addressed Council and noted that this specific plan has been in development for about 2 '/~ years. There are some significant changes from what was initially proposed. He went over the timeline for the project going back to 1982 when he acquired the property. He is now seeking approval of the new design of the specific plan. Council Member Ziegler asked if there was an easement problem with Mrs. DeConcini's property. Mr. Palkowitz addressed this, noting that no street alignment hasbeen done at this time and his group of consultants will work with Mrs. DeConcini at the appropriate time. P 3: Presentation: Relating to the types of construction contracts and methods of construction delivery that are available for use in the Town of Marana Presented by Barbara Johnson regarding the pros and cons of using a design, bid, build process versus a construction manager at risk process. Mr. Davidson asked Ms. Johnson to describe how the CIP team looks at a project to decide which method is best. Vice Mayor Kai asked if the jobs could be bid both ways to compare which is more favorable cost-wise. Council Member Ziegler asked which option was most cost-effective. Regular Council Meeting -March 3, 2009 -Page 24 of 47 Council Member McGorray asked whether if stimulus monies could only go to DBB, how that would affect future projects for the town. Ms. Johnson agreed that that could weigh in favor of DBB. P 4: Presentation: Relating to an update of the Town's financial status through the first two quarters of the 2008-09 fiscal year, review of PHASE I budget reductions and discussion and possible direction on PHASE II budget reduction targets Presented by Erik Montague. Mr. Montague reviewed the preliminary results of the budget numbers through December 2008, including the state budget reduction update and revenues, expenses and reduction targets. P 5: Presentation: Relating to Personnel; discussion of the Personnel Policies and Procedures -Chapter 5 Work Rules Suzanne Machain presented this item as an update. There are some substantive changes to the last chapter regarding Personnel Action Review, and it will be important to solicit and involve employees for feedback before coming back with changes to Council in early March. P 6: Presentation: Relating to Community Development; an update on the Pima County request for proposals for the development of an ice rink at the Ted Walker Park (Sports Park) in Marana This item was presented by T. VanHook as an update on the regional status of the ice rink that was closed in Apri12007. Local supporters have been talking to staff about the high demand for a facility in the area, preferably along the I-10 corridor. A proposal did go to Pima County for bond funding, but it did not rank at a level that warranted funding. No incentives will be offered in the RFP. The current RFP requires that the respondent enter into along-term relationship with Pima County and other development requirements. ANNOUNCEMENTS/UPDATES PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS TOWN REPORTS GENERAL ORDER OF BUSINESS CONSENT AGENDA Regular Council Meeting -March 3, 2009 -Page 25 of 47 COUNCIL ACTION BOARDS, COMMISSIONS AND COMMITTEES 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 FUTURE AGENDA ITEMS Council Member Clanagan reported on the Police CAC meeting today and a meeting Monday with some homeowners regarding some concerns about the ordinance adopted last week. As a result of those meetings, he asked to place an item on the March 3 Council agenda that would address some proposed changes to the ordinance that was passed on February 3 prior to the implementation of the ordinance that is to occur on March 5. Mayor Honea noted this as a request for reconsideration of Ordinance No. 2009.01. Mr. Cassidy clarified that this was not a motion for reconsideration. He stated that one of the people who voted in favor of the ordinance has to ask for it to be placed on the agenda. The item will be placed on the March 3 agenda. ADJOURNMENT Motion by Council Member Post, second b}~ Council Member Clanagan. Passed unanimously. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on February 10, 2009. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk Regular Council Meeting -March 3, 2009 -Page 26 of 47 REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, February 17, 2009, at or after 7:00 PM Ed Honea, Mayor Herb Kai, Vice Mayor Russell Clanagan, Council Member Patti Comerford, Council Member Carol McGorray, Cotancil Member Jon Post, Council Member Roxanne Ziegler, Cut~ncil Member REGULAR MEETING CALL TO ORDER AND ROLL CALL All present PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE APPROVAL OF AGENDA Upon motion of Council Member Clanagan, second by Council Member McGorray, unanimously approved as recommended by Mr. Clanagan to move A3 to the next agenda, move A4 to the first slot of the Action agenda. Council Member Ziegler asked for clarification as to why the change regarding item A3. Mr. Davidson noted that the railroad couldn't have all their staff at this meeting. Council Member Ziegler asked that in the future Council be notified of changes to the agenda prior to coming to the dais. CALL TO THE PUBLIC Ed Stolmaker invited Council to the Chamber's Day at the Legislature on February 24 beginning at 8:00 a.m. meeting with members of the delegation. Steve Huffman will be coordinating this visit for the town. David Morales announced that he had been monitoring the Council regarding public hearings; the Council doesn't appear to pay attention -they appear to have made up their minds prior to voting. He asked what skills Council Members bring to the dais. He again spoke of leadership skills that are inarguable - a true leader with two ears will listen twice as much as he talks. He then discussed enterprising of the water department. The timing is off. The Council couldn't have picked a worse time to decentralize the water deparment from the town. Why the 8% increase? He then made a reference to Vince Lombardi and winning being everything. He asked for lesser increases. He asked for belt tightening of the water department. He has an evaporative cooler and most of old Regular Council Meeting -March 3, 2009 -Page 27 of 47 Marana has evaporative coolers. He referred to UA statistics he had gotten regarding evaporative water coolers which use 6,000 gallons of water per month to cool houses. So between May and September old Marana will use 6,000 gallons of water to cool their houses. We are in La Nina not El Nino. That's atmospheric - we have no control over that. Nino is wet and La Nina is dry. We're in for a dry monsoon this summer. Please think about these four items over the next week. Mr. Clanagan noted that in relation to points two, three and four, a tremendous amount of homework has been done before making decisions. He would welcome Mr. Morales talking to him and Mr. Davidson. The CCRs in Continental Ranch Continental Reserve, Heritage Highlands and Gladden Farms and others restrict the use of swamp coolers and the Council has no ability to encourage those developments to change. PRESENTATIONS ANNOUNCEMENTS/UPDATES PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT E~'EI~TTS Council Member Clanagan spoke regarding the bids on the Twin Peaks lnterchange and hoped that the bids for Camino de Marana would follow the same pattern (of being below the engineer's estimates) for a hard bid price; Council Member Ziegler reported that the utilities citizen advisory commission recommended the 8 percent increase in the water rates and noted that if the increase doesn't happen now, it will only be more later. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Mr. Davidson reported on pos+ti.ve news fiom last week, including the opening of the bids for the Twin Peaks interchange, and he hopes to have dirt turning in the next 45 days. TOWN REPORTS GENERAL ORDER OF BUSINESS CONSENT AGENDA Upon motion of Council Member McGorray, second by Council Member Clanagan, unanimously approved. C l: Resolution No. 2009-18: Relating to Development; approving a release of assurances for San l~,ucas Spine Roads and acceptance of public improvements for maintenance C 2: Resolution No. 2009-19: Relating to Real Estate; authorizing the Airport Director to execute an electrical right-of--way easement in favor of Trico Electric Cooperative, Inc. over Marana Regional Airport property C 3: Resolution No. 2009-20: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a location transfer of a No. 9 (Liquor Regular Council Meeting -March 3, 2009 -Page 28 of 47 Store) liquor license submitted by Kim Kenneth Kwiatkowski on behalf of Circle K Stores, Inc. #3394, 3880 W. Tangerine Road, Marana, AZ 85658 C 4: Resolution No. 2009-21: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a new No. 9 (Liquor Store) liquor license submitted by Jason Barclay Morns on behalf of CVS Pharmacy # 08420, 7740 N. Cortaro Road, 'T'ucson, AZ 85743 C 5: Minutes of the January 27, 2009 special council meeting and February 3, 2009 regular council meeting COUNCIL ACTION A 1: PUBLIC HEARING: Ordinance No. 2009.02: Relating to Development; approving and authorizing a rezoning to create the Mandarins Specific Plan. Presented by Kevin Kish. Vice Mayor Kai declared a conflict of interest due to his ownership of property near the Mandarins property. Mr. Kish briefly revie«-ed deletions and additions that had been worked out with the developer and staff that morning and were being presented to Council on the dais. He noted the 19 conditions for approval from the town and the 20 proposed revised conditions of approval by Mandarins. These were changes to the conditions for approval made during his presentation to Council at the February 3 meeting. David Morales, Larry Steckler, Mark O'Hare and Marcus Palkowitsh addressed Council during the public hearing. Questions were raised as to Mrs. DeConcini's access to her property through the Mandarins development. Also of issue were drainage improvements on the Mandarins property and Mrs. DeConcini's property. Upon motion of Council Member Clanagan, second by Council Member Ziegler, a motion to continue this item to March 3, 2009 failed on a vote of 4-2. Those in favor were Council Members Clanagan and Ziegler. Upon motion by Council Member Post, second by Council Member Comerford, a motion to accept the 19 conditions presented passed on a vote of 6-1. Dissenting was Council Member Clanagan. A 2: Resolution No. 2009-22: Relating to Building; approving and authorizing the Mayor to execute an intergovernmental agreement with Northwest Fire District for fire code official services within those portions of the Town outside an established fire district; and declaring an emergency. This item was presented by John Huntley, Building Safety Official for the town, and because of the emergency clause, required a roll call vote. Motion by Council Member Post, second by Council Member McGorray, passed on a roll call vote of 6-0. (Council Member Clanagan was excused at 8:49 P.M.) A 3: Resolution No. 2009-23: Relating to Transportation; approving and authorizing the Mayor to execute an agreement with Union Pacific Railroad Company concerning double-tracking through the Town. No action. Regular Council Meeting -March 3, 2009 -Page 29 of 47 A 4: Resolution No. 2009-24: Relating to Community Development; approving and authorizing an amendment to the Intergovernmental Agreement with Pima County for Sharing of Cost Involved in the Provision of Public Transit Services to the Town of Marana to include funding for express transit services in the amount of $25,777.44 for fiscal year 2008-2009. Presented by Ms. T. Van Hook. Motion by Council Member Clanagan, second by Council Member Ziegler. Unanimously approved. BOARDS, COMMISSIONS AND COMMITTEES ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Legislative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature. Presented by Steve Huffman. EXECUTIVE SESSIONS Upon motion by Council Member McGorray, second b~~ Council Member Comerford, Council moved to executive session. Passed unanimously. (Vice Mayor Kai, and Council Members Post and Clanagan were excused) E 1: Executive Session pursuant to A.R.S. §38-431.03 (A){ ~ ~; Council may ask for discussion or consultation for legal advice with the Town Attonlw concerning any matter listed on this agenda. E 2: Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), discussion or consultation for legal advice with the Town's attorneys and discussion and to consider its position and instruct the Town Manager and staff concerning (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 . Presented by Jane Fairall, who asked for a motion to direct staff to proceed as discussed in executive session. Motion by Council Member McGorray, second by Council Member Comerford. Passed unanimously. FUTURE AGENDA ITEMS ADJOURNMENT Motion by Council Member Comerford, second by Council Member McGorray. Passed unanimously. CERTIFICATION I hereby certify that the foregoing -are the true and correct minutes of the Marana Town Council meeting held on February 17, 2009. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk Regular Council Meeting -March 3, 2009 -Page 30 of 47 ~~ rawwa ~r~.u 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, March 3, 2009, 7:00:00 PM To: .Mayor and Council Item A 1 From: Jane Fairall ,Deputy Town Attorney Subject: Relating to Offenses; decision whether to reconsider Ordinance No. 2009.01 adopted on February 3, 2009, amending Title 11 of the Marana Town Code to prohibit the act of leaving a child under the age often unattended in a motor vehicle; adding chapter 11-8; renumbering existing chapters 11-8 and 11- 9 Discussion: At the February 3, 2009 Town Council meeting, the Council voted to adopt Ordinance No. 2009.01, amending Title 11 of the Town Code to prohibit the act of leaving a child unattended in a motor vehicle under certain circumstances. Marana Town Code Section 2-4-8 provides a procedure for reconsideration of any action taken by the Town Council. This section provides that reconsideration may be requested by any Council member who was on the prevailing side of the vote on the action. A Council member voting in the majority may request that the issue of reconsideration be placed on the Council agenda for discussion and possible action at the second regular Town Council meeting following the meeting at which the original action was taken. At the February 10, 2009 Town Council meeting, Council member Russell. Clanagan, who voted in the majority in adopting Ordinance No. 2009.01, requested that a motion to reconsider Ordinance No. 2009.01 be placed on the agenda for tonight's meeting. Pursuant to Section 2-4-8, once this agenda item is called, any Council member who voted in the majority when the ordinance was originally adopted, may make a motion to reconsider Ordinance No. 2009.01. Once a motion to reconsider and a second is made, the discussion and vote of the motion to reconsider shall be the same as for any other business before the Council. If the motion to reconsider passes, the Council will reconsider Ordinance No. 2009.01. The effect of the adoption of the motion to reconsider is to place the ordinance before the Council again, in the exact position it occupied before the Council voted to adopt it on February 3, 2009. Therefore, the Council may vote to adopt the ordinance once again, or the Council may choose not to adopt it. If the motion to reconsider fails, the Council will not reconsider Ordinance No. 2009.01 and the ordinance will stand as passed on February 3, 2009. ATTACHMENTS: Name: Description: Type: No Attachments Available Staff Recommendation: Staff recommends adoption of the motion to reconsider Ordinance No. 2009.01. Suggested Motion: I move to reconsider Ordinance No. 2009.01. Regular Council Meeting -March 3, 2009 -Page 31 of 47 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, March 3, 2009, 7:00:00 PM To: Mayor and Council From: Jane Fairall ,Deputy Town Attorney Item A 2 Subject: Ordinance No. 2009.01: Relating to Offenses; reconsideration of Ordinance No. 2009.01 adopted on February 3, 2009; amending Title 11 of the Marana Town Code to prohibit the act of leaving a child under the age often unattended in a motor vehicle; adding Chapter 11-8; renumbering existing Chapters 11-8 and 11-9; and designating an effective date Discussion: This item should only be addressed if the Council adopted the motion to reconsider Ordinance No. 2009.01 discussed in the previous agenda item. On February 3, 2009, the Council voted to adopt Ordinance No. 2009.01, amending the Town Code to prohibit the act of leaving a child unattended in a motor vehicle under certain circumstances. With the passage of the motion to reconsider in the previous agenda item, the Council may now reconsider this ordinance in the same form that it was originally presented on February 3, 2009. To recap, this ordinance would add a new chapter to Title 11 of the Marana Town Code prohibiting the act of leaving children under 10 years of age unattended in vehicles under certain circumstances. The Marana Police Citizen Advisory Commission considered the proposed ordinance at its December 9, 2008 meeting and recommended that the ordinance be presented to the Council for its consideration. The ordinance prohibits leaving children under 10 in a vehicle without supervision if 1) doing so would present a risk to the child's health., safety or welfare or 2) if the vehicle's engine is running or the keys are located within the passenger compartment of the vehicle. The ordinance does not apply if a person age 14 or older is in the vehicle with the child. A violation of the ordinance would be a class 1 misdemeanor. If convicted, offenders would face a minimum mandatory sentence of a $1,000 fine. Following the adoption of the ordinance outlined above on February 3, 2009, some concerned citizens contacted Council members and staff and raised concerns about the language of the ordinance. The citizens were concerned that the ordinance was too broad and may criminalize innocent behavior. Staff met with the citizens and with the Police Citizen Advisory Commission and an alternate version of the ordinance was discussed. At its February 10, 2009 meeting, the Commission voted unanimously to recommend that the Council reconsider Ordinance No. 2009.01. and adopt the alternate version of the ordinance instead. In this item, Council is reconsidering Ordinance No. 2009.01. Council may either adopt Ordinance No. 2009.01 again, reaffirming the original adoption of February 3, 2009, or Council may choose not to adopt Ordinance No. 2009.01 and to move on to the next agenda item which contains the alternate version of the ordinance. ATTACHMENTS: Regular Council Meeting -March 3, 2009 -Page 32 of 47 Name: Description: Type: CI Unattended children in vehicles ordinance j00012044- Ordinance No. 2009.01 Ordinance 3).DOC Staff Recommendation: Staff recommends that upon reconsideration, Council not approve Ordinance No. 2009.01 Commission Recommendation - if applicable: At its February 10, 2009 meeting, the Police Citizen Advisory Commission voted unanimously to recommend that the Council reconsider and not adopt Ordinance No. 2009.01. Suggested Motion: None -or- Upon reconsideration, Imove not to adopt Ordinance No. 2009.01 Regular Council Meeting -March 3, 2009 -Page 33 of 47 MARANA ORDINANCE N0.2009.01 RELATING TO OFFENSES; AMENDING TITLE 11 OF THE MARANA TOWN CODE TO PROHIBIT THE ACT OF LEAVING A CHILD UNDER THE AGE OF TEN UNATTENDED IN A MOTOR. VEHICLE; ADDING CHAPTER 11-8; RENUMBERING EXISTING CHAPTERS 11-8 AND 11-9; AND DESIGNATING AN EFFECTIVE DATE WHEREAS the Town Council finds that the act of leaving a child under the age of ten unattended in a motor vehicle presents a risk to the child's health, safety or welfare; and WHEREAS the Town Council finds that the Town's interest in protecting the welfare of its citizens is compelling; and WHEREAS the Town Council finds that the adoption of a prohibition on the act of leav- ing children under the age of ten unattended in motor vehicles as set forth in this ordinance is in the best interests of the Town and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. Title 11 of the Marana Town Code is hereby revised by renumbering exist- ing Chapter 11-8 as Chapter 11-9 and renumbering existing Chapter 11-9 as Chapter 11-10 and by adding new Chapter 11-8, as follows: Chapter 11-8 UNATTENDED CHILD IN MOTOR VEHICLE; CLASSIFICATION; PENALTY Section 11-8-1 Prohibited conduct It is unlawful to leave a child who is under ten years of age in a motor vehicle without supervision by another person in the motor vehicle who is at least 14 years of age if either of the following applies: A. The conditions tend to present a risk to the child's health, safety or welfare; or B. The motor vehicle engine is running or the key to the motor vehicle is located in the passenger compartment of the motor vehicle. Section 11-8-2 Protection of children by town A. Any peace officer is authorized to use whatever force is reasonable and nec- essary to remove any child from a motor vehicle whenever it appears that the child's life or health is endangered by extreme temperatures, lack of ventila- tion or any other condition existing within the motor vehicle. Regulq~~~~jlt~~~0~~r~h 3, 2009 -Page 34 of 47 _ 1 B. No peace officer shall be liable for damages to property caused by the use of reasonable force to remove a child from a motor vehicle as described in this section. Section 11-8-3 Violation; penalty A. A violation of this chapter is a class 1 misdemeanor. B. A person convicted of violating this chapter shall be fined not less than $1,000. The magistrate may not grant probation in lieu of or otherwise sus- pend the imposition of the minimum fine prescribed by this paragraph. SECTION 2. This Ordinance shall become effective on the 2°d day of April, 2009. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 3rd day of March, 2009. Mayor Ed Honea APPROVED AS TO FORM: Frank Cassidy, Town Attorney ATTEST: Jocelyn C. Bronson, Town Clerk Regul~6~u~i~r$~Eir~~ 1 ~ularch 3, 2009 -Page 35 of 47 _ 2 - JF 2/12/09 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, March 3, 2009, 7:00:00 PM To: Mayor and Council `Item A 3 From: Jane Fairall ,Deputy Town Attorney Subject: Ordinance No. 2009.04: Relating to Offenses; amending Title 11 of the Marana Town Code to prohibit the act of leaving a child under the age of eight unattended in a motor vehicle; adding Chapter 11-8; renumbering existing Chapters I 1-8 and 11-9; and declaring an emergency Discussion: This item should only be addressed if the Council moved to reconsider Ordinance No. 2009.01 and decided not to adopt that ordinance in the previous two agenda items. On February 3, 2009, the Council voted to adopt Ordinance No. 2009.01, amending the Town Code to prohibit the act of leaving a child unattended in a motor vehicle under certain circumstances. Following the adoption of the ordinance, some concerned citizens contacted Council members and staff and raised concerns about the language of the ordinance. The citizens were concerned that the ordinance was too broad and may criminalize innocent behavior. Staff met with the citizens and with the Police Citizen Advisory Commission and an alternate version of the ordinance was discussed. At its February 10, 2009 meeting, the Commission voted unanimously to recommend that the Council reconsider Ordinance No. 2009.01 and adopt the alternate version of the ordinance instead. This agenda item presents the alternate version of the ordinance for Council's adoption. The changes from the ordinance originally adopted on February 3, 2009 include the following: Age of child who may not be left in a vehicle unattended lowered from 10 years to 8 years . Age of person who may supervise a child in a motor vehicle lowered from 14 years to 12 years . New section added which clarifies that a first time offender may be offered an opportunity to complete a diversion program in order to obtain a dismissal of the charge . Mandatory minimum fine of $1,000 eliminated . Addition of the word "unattended" in the "Prohibited Conduct" section to clarify that in order to violate the ordinance, the child must be left alone or not watched over . Elimination of the phrase "in the motor vehicle" in the "Prohibited Conduct" section to clarify that the supervisor of the child need not be inside the motor vehicle with the child, but may be outside the vehicle, pumping gas, visiting with a neighbor, etc. Attached to this item is the new version of the ordinance as it will look in the Town Code if adopted tonight. Also attached is the language of the new Chapter 11-8 with deletions shown with strikeouts and additions shown with double-underlining to demonstrate the changes between this ordinance and the ordinance adopted on February 3, 2009. This version of the ordinance contains an emergency clause which, if adopted, will result in the ordinance becoming effective immediately. The original ordinance was scheduled to be effective as of March 5, 2009. Thus, adoption of the emergency clause in this Regular Council Meeting -March 3, 2009 -Page 36 of 47 ordinance will. result in roughly the same effective date as originally contemplated by Council. ATTACHMENTS: Nan1e. ^ 2nd version of Unattended children in vehicles ordinance {0001319.8)DOC ^ 2nd version of Unattended children in vehicles ordinance - _ _._... ~00013199~ DOC Description: Ordinance Town code language with strikeouts and deletions Type: Ordinance Backup Material Staff Recommendation: Staff recommends adoption of Ordinance No. 2009.04, amending Title I 1 of the Marano Town Code to prohibit the act of leaving a child under the age of 8 unattended in a motor vehicle under certain circumstances. Commission Recommendation - if applicable: The Police Citizen Advisory Commission voted at its February 10, 2009 meeting to recommend that Council approve Ordinance No. 2009.04. Suggested Motion: I move to adopt Ordinance No. 2009.04. Regular Council Meeting -March 3, 2009 -Page 37 of 47 s MARANA ORDINANCE N0.2009.04 RELATING TO OFFENSES; AMENDING TITLE 11 OF THE MARANA TOWN CODE TO PROHIBIT THE ACT OF LEAVING A CHILD UNDER THE AGE OF EIGHT UNATTENDED IN A MOTOR VEHICLE; ADDING CHAPTER 11-8; RENUMBERING EXISTING CHAPTERS 11-8 AND 11-9; AND DECLARING AN EMERGENCY WHEREAS the Town Council finds that the act of leaving a child under the age of eight unattended in a motor vehicle presents a risk to the child's health, safety or welfare; and WHEREAS the Town Council finds that the Town's interest in protecting the welfare of its citizens is compelling; and WHEREAS the Town Council finds that the adoption of a prohibition on the act of leav- ing children under the age of eight unattended in motor vehicles as set forth in this ordinance is in the best interests of the Town and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL, OF THE TOWN OF MARANA, as follows: SECTION 1. Title 11 of the Marana Town Code is hereby revised by renumbering exist- ing Chapter 11-8 as Chapter 11-9 and renumbering existing Chapter 11-9 as Chapter 11-10 and by adding new Chapter 11-8, as follows: Chapter 11-8 UNATTENDED CHILD IN MOTOR VEHICLE; CLASSIFICATION; PENALTY Section 11-8-1 Prohibited conduct It is unlawful to leave a child who is under eight years of age unattended in a mo- tor vehicle without supervision by another person who is at least 12 years of age if either of the following applies: A. The conditions tend to present a risk to the child's health, safety or welfare; or B. The motor vehicle engine is running or the key to the motor vehicle is located in the passenger compartment of the motor vehicle. Section 11-8-2 Protection of children by town A. Any peace officer is authorized to use whatever force is reasonable and nec- essary to remove any child from a motor vehicle whenever it appears that the child's life or health is endangered by extreme temperatures, lack of ventila- tion or any other condition existing within the motor vehicle. Regulq~~~~jl~~~0~~r~h 3, 2009 -Page 38 of 47 . 1 _ B. No peace officer shall be liable for damages to property caused by the use of reasonable force to remove a child from a motor vehicle as described in this section. Section 11-8-3 Diversion In any case involving a person's first violation of this chapter, the prosecutor may offer the person the opportunity to complete a diversion program in accordance with A.R.S. § 9-500.22. Successful completion of the diversion program re- quirements shall result in the dismissal of the charge. Section 11-8-4 Violation; penalty A violation of this chapter is a class 1 misdemeanor. SECTION 2. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this ordinance become immediately effective, an emergency is hereby declared to exist, and this ordinance shall be effective immediately upon its passage and adop- tion. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 3rd day of March, 2009. Mayor Ed Honea APPROVED AS TO FORM: ATTEST: Frank Cassidy, Town Attorney Jocelyn C. Bronson, Town Clerk RegulyVj~~~~ejl~@~Q(~~~h 3, 2009 -Page 39 of 47 _ 2 _ (with deletions shown with s~il~ee~rts and additions shown with double underlinin~l: Chapter 11-8 UNATTENDED CHILD IN MOTOR VEHICLE; CLASSIFICATION; PENALTY Section 11-8-1 Prohibited conduct It is unlawful to leave a child who is under #~ eight years of age unattended in a motor vehicle without supervision by another person ~^ +"° ^,^*^~ ~•°"~^'° who is at least a-4 ~. years of age if either of the following applies: A. The conditions tend to present a risk to the child's health, safety or welfare; or B. The motor vehicle engine is running or the key to the motor vehicle is located in the passenger compartment of the motor vehicle. Section 11-8-2 Protection of children by town A. Any peace officer is authorized to use whatever force is reasonable and nec- essary to remove any child from a motor vehicle whenever it appears that the child's life or health is endangered by extreme temperatures, lack of ventila- tion or any other condition existing within the motor vehicle. B. No peace officer shall be liable for damages to property caused by the use of reasonable force to remove a child from a motor vehicle as described in this section. Section 11-8-3 Diversion In v case involving a person's first violation of this chanter. the prosecutor may ffer the person the opportunity to complete a diversion program in accordance with A.R.S. & 9-500.22. Successful completion of the diversion program re- uirements shall result in the dismissal of the charge. Section 11-8-34 Violation; penalty A violation of this chapter is a class 1 misdemeanor. B. l~~er~en may;^+°,~ °f , ^~.,+;.,° +",^r-~„a~er~;^n "° f,.,°,~ .,^+ ~°^^ +".,., ~$-a,nom-T-I~~°-m"'a^g^;stfaic-n,ay~ ^+ ^+ "''^"^tie;rnrirek~~r{ ^orct#ef~vise stls- n°r+rJ +h° imr~°e.i+i°n °f +h° r.~ wv~ iw. Fin° nr°c..+riL~c+.-1 "~• +h ic. r. r.h Regul~6~j~~j ~~Ei~ -March 3, 2009 -Page 40 of 47 _ 1 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, March 3, 2009, 7:00:00 PM To: Mayor and Council From: Steve Huffman ,Intergovernmental Affairs Administrator Item D 1 Subject: State Legislative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature Discussion: This item is scheduled for each regular council meeting in order to provide an opportunity to discuss any legislative item that might arise during the current session of the State Legislature. Periodically, an oral report may be given to supplement the Legislative Bulletins. ATTACHMENTS: Name: Description: Type: ^ Bulletn~6_,pdf Bulletin 6 Sackup Material ^ Bulletin._#7_p_d..f Bulletin 7 Backup Materia6 Staff Recommendation: Upon the request of Council, staff will be pleased to provide recommendations on specific legislative issues. Suggested Motion: Mayor and Council's pleasure. Regular Council Meeting -March 3, 2009 -Page 41 of 47 IN THIS ISSUE Legislative Action ...................... 1 Publication of Public Notices On Web Sites ............................. 1 General Obligation Bond Requirements ............................. 2 Development Impact Fees ......... 2 Legislative Days ........................ 2 Federal Economic Stimulus ....... 2 Weekly Spotlight ....................... 3 Legislative Bulletin is published by the League of Arizona Cities and Towns. Forwazd your comments or suggestions to: League of Arizona Cities & Towns 1820 West Washington Street Phoenix, Arizona 85007 Phone: 602-258-5786 Fax: 602-253-3874 Email: league@azleague. org Internet: www.azleague.org If you would like be added to our bulletin a-mail List please forwazd your a-mail request to: csmith-humphrey@azleague. org Bulletin Issue 6 -February 13, 2009 LEGISLATIVE ACTION Preliminary FY 2009-10 budget discussions are taking place in the state legislature while we wait for the final version of the American Recovery and Reinvestment Act to be voted on in Congress. According to The Arizona Republic, the state is set to receive more than $1 billion in funding from the federal economic stimulus bill. The bill is projected to be signed by President Obama sometime early next week. (See story below.) Committee agendas have continued to be modest, with House Committees hearing bills while the Senate Committees met to hear presentations by state agencies addressing the FY 2009-10 budget and its impacts, rather than bills PUBLICATION OF PUBLIC NOTICES ON WEB SITES The House Government Committee heard House Bill 2253 on Tuesday afternoon. This League resolution allows cities, towns and counties to publish legal notices on an official Web site rather than in the newspaper. With economic hardships hitting Arizona, this bill helps reduce public notice costs while allowing more constituents to have access to public notices. Our survey of cities and towns indicates that 27 municipalities spent over $900,000 in taxpayer funds on these notices last year alone. Representative Russ Jones (R-Yuma), sponsor of the bill, championed the bill in committee, along with the League and the County Supervisors Association. Brigitta Kuiper, City Clerk from Yuma, also testified at the meeting and demonstrated the cost of printing notices e.g., one ordinance from Yuma cost the taxpayers more than $4,000 to run in the paper. Although many of the committee members addressed support of the idea for online posting of public notices, concerns were expressed that some segments of the population do not have Internet access and would therefore be disenfranchised. The bill failed on a 4-5 vote in committee. The League is working with the Rep. Jones and other supportive members to revisit the issue and provide some ideas to alleviate members' concerns. Regular Council Meeting -March 3, 2009 -Page 42 of 47 February 13, 2009 GENERAL OBLIGATION BOND REQUIREMENTS On Monday, House Ways & Means Committee heard Representative Rick Murphy's (R-Glendale) House Bill 2360, general obligation bond requirements. General obligation bonds are bonds issued by a political subdivision that is secured by the issuer's full faith and credit. This bill updates the information that must be provided in the bond publicity pamphlet. The bill passed with an amendment (5-1-0-2). At this time, the League has not taken a position on the bill. DEVELOPMENT IMPACT FEES House Bill 2259, development impact fees, was scheduled to be caucused, but was held by sponsor Representative Andy Biggs (R-Gilbert), apparently in order to give the stakeholders time to sit down and discuss the bill. Cities and towns appreciate his willingness to allow us time to work out the remaining issues on this bill. As discussed in the House Commerce Committee last week, cities and towns have two remaining issues with the bill: clarifying the offset language and addressing the grandfathering concept, which prohibits new fees or increases in fees from applying to individual developments for two years after the development's approval. Cities and towns interested in this issue met on Monday to discuss these two provisions, as well as appoint a negotiating team to work with the development community to reach a resolution. The team members are: • Patty Boland -Attorney, Phoenix • Andrew McGuire -Attorney, Avondale and Fountain Hills • Steve Kemp -Attorney, Peoria • Gary Jeppson -Development Services Director, Kingman • Harvey Krauss -Community Development Director, Goodyear • Rebecca Hecksel - Government Relations, Gilbert • Tory Schlievert -Management Assistant, Oro Valley • Cheyenne Walsh - Legislative Associate, League of Arizona Cities and Towns This team will meet with developers and convene regularly with city and town officials who are interested '#~iYo~~~ts ~ ~;~c~°~~gsef$3~'f~~. If you would like more information, please contact Cheyenne at the League. LEGISLATIVE DAYS The City of Maricopa hosted its legislative day this week, with Representative Frank Pratt (R -Casa Grande) and Senator Rebecca Rios (D -Apache Junction) attending their luncheon. The City of Yuma also hosted its legislators this week to discuss important issues to their area and the state, including transportation and foreclosures. Senator Amanda Aguirre (D -Yuma) and Representatives Russ Jones (R -Yuma) and Lynne Pancrazi (D - Yuma) attended. The cities and towns of Apache and Navajo Counties also held a legislative day this week. Eagar, Pinetop- Lakeside, Show Low, Snowflake, Taylor and Winslow all had representatives present. Senator Sylvia Allen (R -Snowflake) and Representative Bill Konopnicki (R -Safford) met with this contingent of mayors and council members to discuss regional, local and state issues. The League thanks these cities for utilizing this important opportunity to meet with their legislators during session to continue the dialogue of how to better serve our shared constituents. We also appreciate these legislators taking time from their busy schedules to participate and work with their local officials. If your city or town would like to schedule a legislative day, please contact Cheyenne at the League. FEDERAL ECONOMIC STIMULUS Governor Jan Brewer has designated Jim Apperson of the Office of Strategic Planning and Budgeting to be the state's point person for coordinating local projects that maybe receiving money through the federal economic stimulus legislation. It is important for each city and town to send a list of your projects to Mr. Apperson as soon as possible. His a-mail address is: japperson(c~,az.eov. Even if you have submitted your prof ect list through other channels, the Governor's office would like to have everything in one central location. The National League of Cities, which has been advocating strongly for stimulus funds to flow to cities and towns, noted that cities will be held accountable for the proper expenditure of local funds and must have "absolute transparency" about their 2 February 13, 2009 Federal Economic Stimulus (cont'd.) use. NLC Executive Director Don Borut said the White House Director of Intergovernmental Relations told him, "This is a moment when the public will judge ifgovernment-local, state and federal-can be effective." The Weekly Spotlight - Senator Sylvia Allen This week's focus is on Senator Sylvia Allen (R-Snowflake). Senator Allen was initially appointed to take over the seat when Senator Jake Flake passed away last year, and subsequently ""` ""' won her election for Legislative ~ ° ' District 5 last fall. A native Arizonan, Senator Allen is a '. graduate of Snowflake High School ~ `~ and an active community member. ~.,: `" . She has been a real estate agent and a reporter among other occupations. She and husband have five children and 18 grandchildren. What prompted you to run for the legislature? her My concern for the deficit, growth of government, the economy, loss of jobs in rural Arizona, the high cost of living, housing, food, fuel, and health care. The future for my grandchildren. What's your proudest legislative achievement? For new members, what do you hope to accomplish? To help our economy recover and return more individual freedom back to the people of Arizona. How can the state government and local governments be better partners? Cooperate with each other. What good would it be if the state attracts new businesses and local governments pour on regulations? One example is the dust control laws that Maricopa County is forcing on businesses that is costing more money. What kinds of things do you do to relax, i. e. what is your favorite music, books, etc. ? Spend time with my husband and family, five children and 18 grandchildren. I play games with them, go hiking Regular Council Meeting -March 3, 2009 -Page 44 of 47 or to the movies. I love reading a good historical novel. My favorite music is country & western. Thank you for your time. Thank you. February 13, 2009 IN THIS ISSUE Legislafive Action ...................... 1 Plans For Federal Economic Stimulus Funds .......................... 1 Phoenix Mayor In Washington .. 2 Bill Updates ............................... 2 Weekly Spotlight ....................... 2 Legislative Bulletin is published by the League of Arizona Cities and Towns. Forward your comments or suggestions to: League of Arizona Cities & Towns 1820 West Washington Street Phoenix, Arizona 85007 Phone: 602-258-5786 Fax: 602-253-3874 Email: league@azleague. org Internet: www.azleague.org If you would like be added to our bulletin a-mail list please forward your a-mail request to: csmith-humphrey@azleague. org Bulletin Issue 7 -February 20, 2009 LEGISLATIVE ACTION President Barack Obama signed the federal economic stimulus bill-the American Recovery and Reinvestment Act-into law Tuesday afternoon. The following day he came to Dobson High School in Mesa to announce his plans to assist homeowners who are having trouble making their mortgage payments. State lawmakers spent time doing more preliminary work on the FY' 10 budget while trying to evaluate the potential impact of the "economic stimulus" bill on the state budget. Committee agendas continue to be light. House committees are hearing bills but most Senate committees did not meet this week. Senate President Robert "Bob" Burns announced that next week Senate committees would vet through the federal stimulus package as part of the on-going state budget review. On Thursday, the Joint Appropriations Committee met to discuss the federal economic stimulus package. Next week each Senate committee is set to go over the stimulus package as it relates to the FY 2009-10 budget. This 49`~ legislative session has seen 1,098 bills dropped in the first 39 days. None of them have yet been passed out of the legislature. PLANS FOR FEDERAL ECONOMIC STIMULUS FUNDS The state expects to have most of the discretionary funds go through a newly formed office within the Governor's Office of Strategic Planning and Budgeting (OSPB). As noted in last week's Legislative Bulletin, this office will be headed by Jim Apperson. Arizona will receive over $600 million in transportation-related funds. The Arizona Department of Transportation and the state's Councils of Governments are expected to distribute the money to state and local transportation prof ects through existing formulas. Cities and towns will be eligible to receive money for other uses through a grant system to be created by the OSPB office. The federal legislation identifies money for items such as the Drinking Water State Revolving Fund, Weatherization, and Byrne-Justice Assistance Grants. At Thursday's Joint Appropriations Committee meeting, the Joint Legislative Budget Committee discussed various alternatives for $4.1 billion the state budget expects to receive over the next two years. Roughly, $832 million is required to go to education spending and $185 million can be used for other purposes. Regular Council Meeting -March 3, 2009 -Page 45 of 47 February 20, 2009 PHOENIX MAYOR IN WASHINGTON Phoenix Mayor Phil Gordon was part of a delegation that met with President Obama in Washington DC on Friday asking for additional federal stimulus money to go directly to cities and towns for projects and budget assistance. He was part of a delegation from the US Conference of Mayors. The President spoke to the Conference of Mayors Friday morning and said there will be more federal investment in cities, but that the funds will require wise spending and accountability. Earlier this week, President Obama announced the creation of a new White House Office of Urban Affairs to be headed by Bronx Borough President Adolfo Carrion, Jr. ofNew York. Carrion said he wants cities to become economic centers that can pull the country out of a recession. BILL UPDATES A few of the key bills in play and where they are in the process are listed below: H. B. 2259- local development fees: urocedures. This bill is identical to the impact fee bill that was vetoed last session by Governor Napolitano. Its next step is the House floor in Committee of the Whole; it is being held at the request of sponsor Representative Andy Biggs (R-Gilbert) while the cities sit down with the development community on Wednesday next week to discuss our remaining concerns with bill. H.B. 2267 -municipalities; counties; fire sprinklers; codes. Prohibits cities and counties from mandating the installation of fire sprinklers in single family homes. It awaits floor action in the House. H.B. 2253 - uublication of notices; websites. Allows cities and counties the option of posting public notices on city websites rather than printing them in the newspaper. The bill failed in House Government Committee, but Representative Russ Jones (R-Yuma) agreed to let it become a vehicle for a study committee on the same topic. The bill will be reconsidered in House Government next week. H.B. 2329 -solar energy; uermit fees. Caps permit fees for solar panel installation and solar hot water heater installation. The sponsor, Representative Tom Boone (R-Peoria), agreed to address the cities' cost recovery issues in House Water and Energy Committee next week. Regular Council Meeting -March 3, 2009 -Page 46 of 47 The Weekly Spotlight - Senator Jay Tibshraeny This week we focus on Senator Jay Tibshraeny (R-Chandler). A native of Chandler, Senator Tibshraeny is a Chandler High School and Arizona State University Graduate, with a Bachelor of Science in Accounting. The youngest person to ever be elected mayor of Chandler in 1994, Senator Tibshraeny was also elected to an unprecedented fourth term as mayor in 2000 and was a city council member and a vice-mayor prior to that. He has also been a member of the National Conference of State Legislators, several community organizations and area advisory councils. He is also a former member of the League's Executive Committee. The senator and his wife Karen have a daughter Lauren. He is the Chair of the Senate Government Institutions Committee, the Vice-Chair of the Commerce and Economic Development Committee and a member of the Public Safety and Human Service Committee. Whafprompted you to run for the legislature? I felt serving in the Legislature would be a wonderful opportunity to continue my public service. I had the privilege of serving the residents of Chandler for 16 years as a councilmember and then Mayor. My time in the State Senate has let me use my experience to benefit all the citizens of Arizona. What's your proudest legislative achievement? Over the last several years, I have sponsored legislation to bring greater accountability into what is for many people the most important investment of their lives. One law makes residential mortgage fraud a felony punishable by up to ten years in prison. Another helps to protect Arizona homebuyers by requiring all loan originators -not just mortgage brokers and mortgage bankers - to be licensed. If this legislation had been in place, perhaps some of the people whose homes are being lost to foreclosure and whose credit is being damaged would not be in such a dire position now. At least we now have these February 20, 2009 protections in place for the hard-working consumers of the state. However, there is more to be done. This year I will be examining the new federal law -the Secure and Fair Enforcement for Mortgage Licensing Act of 2008, and its impact on Arizona's new loan officer licensing requirements to ensure we continue to modify our state law to be most effective. Additionally I will begin to look into real estate appraisal law reform. This area is long overdue for a thorough review. How can the state government and local governments be better partners? I feel that when state and local governments work together they can solve common problems, take an active role in long-range regional issues and address concerns that affect all of the communities. I have taken great pride in the relationships I've developed with local government officials from all over the state. My door is always open for dialogue and discussion. What kinds of things do you do to relax -favorite music, books, etc.? I like to work out by jogging and lifting weights. I believe a healthy body helps the mind stay fit. Thanks you for your time. Thank you for the opportunity. Regular Council Meeting -March 3, 2009 -Page 47 of 47 February 20, 2009