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HomeMy WebLinkAbout04/07/2009 AMENDED Council Agenda Packet~~~ ~~~ ~~ r~~ ~~~, Amended on 4/06/2009 at 2:53 p.m. -REGULAR COUNCIL MEETING NOTICE AND AGENDA 11.555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, Apri17, 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, please 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 -April 7, 2009 -Page 1 of 116 Agendas Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online at «~svw.marana.co, 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, Apri106, 2009, 7:00 PM, at the Marana Municipal Complex, the Marana Operations Center and at www~.aranacom. 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 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. C 1: Resolution No. 2009-36: Relating to Development; approving a release of assurances for San Lucas Block 2 and acceptance of public improvements for maintenance (Keith Regular Council Meeting -April 7, 2009 -Page 2 of 116 Brann) C 2: Resolution No. 2009-37: Relating to Development; ratifying design approval for the development known as Continental Crossing Marketplace (Kevin Kish) C 3: Resolution No. 2009-38: Relating to Infrastructure; approving acceptance of public improvements for maintenance of 694 linear feet of median turn and appurtenances, located at 8579 N. Silverbell Road .(Keith Brann) C 4: Resolution No. 2009-39: Relating to Development; approving and authorizing a final plat for Canyon Community Bank and the Retail Shoppes (Kevin Kish) C 5: Resolution No. 2009-40: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a new No. 12 (Restaurant) liquor license submitted by Donald T. Klump on behalf of Grumpy's Jr. Grill located at 8235 N. Silverbell Road, Suite 105 (Jocelyn C. Bronson) C 6: Resolution No. 2009-41: Relating to Personnel; approving and authorizing an amendment to the Town's classified salary schedule, amending the Fair Labor Standards Act (FLSA) status of the Parks Supervisor classification; and declaring an emergency (Suzanne Machain) C 7: Resolution No. 2009-42: Relating to Personnel; approving and authorizing a salary schedule for short-term temporary employee classifications for FY 2008-2009; and declaring an emergency (Suzanne Machain) C 8: Resolution No. 2009-43: Relating to the Police Department; approving and authorizing the Chief of Police to execute a Memorandum of Understanding between the Marana Police Department and the Pinal County Sheriff s Office regarding the sale of horses and. equipment; and declaring an emergency (Terry Tometich) C 9: Minutes of the March 17, 2009 regular council meeting and the March 24, 2009 special council .meeting COUNCIL ACTION A 1: PUBLIC HEARING: Ordinance No. 2008.26: Relating to Development; approving and authorizing a rezoning for Marana Mercantile (Kevin Kish) A 2: Resolution No. 2009-44: Relating to Technology. Services; approving and authorizing the Mayor to execute a lease agreement with Simply Bits LLC to continue using Town of Marana communication towers for wide area network services; approving and authorizing the Marana Technology Services Director to execute a memorandum of understanding with Simply Bits LLC to extend existing Internet and technology services agreements until a new procurement process for these services has been completed; and establishing an effective date (Gary Rudman) A 3: Resolution No. 2009-45: Relating to Administration,: modifying the emergency Added Late procurement authorized by Marana Resolution No. 2009-09 for materials and services necessary to encase and replace the Marana Utilities Department waterline within and in the vicinity of the Union Pacific Railroad right-of--way southwest of the 13900 block of Adonis Road; authorizing the Procurement Director to determine the appropriate procedures; increasing the budgetary limitation for this emergency procurement; and declaring an emergency (Dorothy O'Brien) Regular Council Meeting -April 7, 2009 -Page 3 of 116 BOARDS, COMMISSIONS AND COMMITTEES B 1: Presentation: Annual presentation to Mayor and Council on the activities of the changed Business and Economic Development Advisory Commission (Kelle Maslyn) B 2: Relating to the Police Citizen Advisory Commission; 1st quarter report ITEMS FOR DISCUSSION/POSSIBLE ACTION D l: Legislative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature (Steve Huffinan) 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 CountylPima 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 4: Executive Session pursuant to A.R.S. X38-431.03 (A)(1) and (3) for discussion and Added Late consideration of the procedure for conducting Town Manager Gilbert Davidson's upcoming annual performance evaluation and for discussion and consultation for legal advice with the Town's attorneys regarding the procedure 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 -April 7, 2009 -Page 4 of 116 ~"~~~ ~~ ~~~~ ~~ ;ems 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, Apri17, 2009, 7:00:00 PM To: Mayor and Council From: Keith Brann ,Town Engineer Strategic Plan Focus Area: Community Building Item C 1 Subject: Resolution No. 2009-36: Relating to Development; approving a release of assurances for San Lucas Block 2 and acceptance of public improvements for maintenance Discussion: This resolution will release the Assurance between Willow Bridge LLC, Title Security Agency of Arizona and the Town of Marana, regarding San Lucas Block 2 as depicted on Exhibit A. San Lucas Block 2 subdivision is comprised of lots 1 through 126 and Common Areas "A", "B", and "D". In releasing said Assurance, the Town of Marana will accept for maintenance, including regulatory traffic control signs and street signs, approximately 0.90 miles of the following paved streets: Mosaic Myth Way Stone Hearth Street Bannerstone Street Bannerstone Court Rock Village Street Fragile Clay Avenue Artisan Way Financial Impact: O&M Budgeted ATTACHMENTS: :dame: Description; Type: ^ San Lucas.. Block 2 Resalution.doc San Lucas Block 2 Resloutian Resolution ^ San Lucas.. Block 2_Exhib~t A gdf Pxhibit A -Location Map Exhibii Staff Recommendation: Staff recommends release of the Assurances for San Lucas Block 2 and acceptance of the public improvements for maintenance. Suggested Motion: I move to approve Resolution No. 2009-36. Regular Council Meeting -April 7, 2009 -Page 5 of 116 MARANA RESOLUTION N0.2009-36 RELATING TO DEVELOPMENT; APPROVING A RELEASE OF ASSURANCE FOR SAN LUCAS BLOCK 2 AND ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR MAINTENANCE WHEREAS, San Lucas Block 2 is a 27.18 acre subdivision located north of Cochise Canyon Trail, and east of Adonis Road, containing lots 1-126, and common areas "A", "B", and "D", and is recorded at the Pima County Recorder's Office in Book 60 of Maps and Plats, Page 76; and WHEREAS, the Town has an Assurance for the completion of public improvements; and WHEREAS, Lennar Communities and Willow Bridge LLC, has completed the public improvements acceptable to Town standards in accordance with the Assurance Agreement for San Lucas Block 2. NOW, THEREFORE, BE IT .RESOLVED by the Mayor and Council of the Town of Marana as follows: Section 1. The San Lucas Block 2 is hereby released from the Assurance Agreement with Willow Bridge, LLC under Trust 60,634 and Lennar Communities under Trusts 959 and 881 . Section 2. The Town accepts for maintenance, including maintenance of regulatory traffic control and street signs, approximately 0.90 miles of the following paved streets as shown on Exhibit A: • Mosaic Myth Way • Stone Hearth Street • Bannerstone Street • Bannerstone Court • Rock Village Street • Fragile Clay Avenue • Artisan Way Section 3. The Town accepts for maintenance, a 5,304 linear foot potable water system including appurtenances, valves, water meters and fire hydrants for the above referenced project with an aggregate value of $353,540. Regular~ounG~l Mee~i"ng -°Apnl~~ 2009 -Page 6 of 116 Page 1 of 2 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 7th day of April, 2009. ATTEST: Mayor Ed Honea. APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Marana Resolution No. 2009-036 Regular Council Meeting -April 7, 2009 -Page 7 of 116 page 2 of 2 ::... .. ... T `...._ :_. .. 1. ~ .~ ~ij 4 ~'~]`~t Lk _ ~ g ~~ ~ s g~ 4 - ..i Q It ~~ ~~ ~° ~ -~ < - ~ 0.i: Y o ;;y~' k~ _ ~ ~ .-koe° ~ ~ ~ ~ p ~~~ ~~ ~~ R ~ ~d ~~ y~ ~8 ~g ~ ~. } ~ y~ ~ ~~ ~~~ ~ ~~ g~ e~ ~~G yg~ ~ ~ ~g <~ ~ ~~~ ~ ~ a ~ ~~~ ~~~.~ ~ gig. ~ ~ ~ ~ ~~ ~ ~~ .~~` ~~ s~ a ~~ ~ 6~~ ~ ~ d . b F ~~s~~~ $~~~ ~~ ~~~~~ ~~~ ~~. ~~~ ~~~ i a F ,~ ~ - ~ ~~ ~ ~ s ~~ ~~ ~ ~~ ~~ ~~. ~ ~~; ~~ ~~ ~~ ~~~ ~ _ ~~ ~° ~~,~~~ 3 ~ ~ ~ ~~~$~~ ~ ~~~ ~: ~~~ ~~ ~ .~ M Q s w ~~~~ ~~~ t~ »~~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, Apri17, 2009, 7:00:00 PM To: Mayor and Council Item C 2 From: Kevin Kish ,Planning Director Strategic Plan Focus Area: Community Building Strategic Plan Focus Area -Additional Information: Design standards contribute toward the Commerce focus area and the specific initiative: "Create a sense of community identify and community place." Subject: Resolution No. 2009-37: Relating to Development; ratifying design approval for the development known as Continental Crossing Marketplace Discussion: Request for Ratification The DESCO Group, on behalf of DAZ7-Sombrero Peak, LLC, requests ratification of the recommendation of approval by the Manager's Design Review Committee regarding design review for Continental Crossing Marketplace. Location The property is approximately 6.3 acres, and is generally located on the south side of Silverbell Road and west of Continental Reserve Loop (adjacent to the Quik Mart). Silverbell Road Corridor Overlay District (S.R.C.O.D.) Design Review Committee The Silverbell Road Corridor Overlay District applies to all new commercial development occurring within its defined boundaries. A design review overlay is superimposed over the S.R.C.O.D. The purpose of the Design Review Overlay is to guide the general appearance of sites and buildings within the district. The site and building design was reviewed by the Silverbell Road Corridor Overlay District Manager's Design Review Committee on February 2, 2009. The Committee recommended a few design changes, and upon review of the revisions, voted unanimously to approve the design of Continental Crossing Marketplace. Project The total building footprint on the site is 52,133 square feet or approximately 19 (%) percent of the site. Maximum allowable building coverage is 75 % at ground level. There are a total of six buildings in the development. Five of the buildings (A-E) have frontage on Silverbell Road and Building F has its main access on Continental Reserve Loop. Currently, Buildings A,B, and F are designed as PADs. Building A is anticipated to be a stand alone restaurant building. Building B is anticipated to be a bank with a drive thru. Building F is a stand alone building that is projected to be retail shops or an office building. Building F can be constructed as either Regular Council Meeting -April 7, 2009 -Page 9 of 116 a single or two story structure. Each of these sites will be architecturally reviewed prior to construction on the sites. Buildings C,D, and E are located in the center of the development and are separated by walkways to encourage safety and pedestrian traffic. These are stand alone retail buildings. Building Design Builds C, D, and E will be wood frame construction with a stucco finish and stone accents. Architectural elements the buildings include arched openings and varied roof lines. The color scheme of muted desert colors break up the massing of the buildings as well as compliment the proposed Continental Crossing multi-family development. The varied colors, sizes, and location of the masonry, and the decorative metal accents and pop-outs on the front of the buildings break walls into different planes and highlight the varied roof lines. Site Landscaping and Parking The site will contain 41,583 square feet (26.49%) of landscape coverage. Ten percent is required or 15,695 square feet. Parking is located on all sides of buildings C, D, and E. A majority of the parking is to the north, in front of the buildings. A variance was granted by the Board of Adjustment on October 28, 2008 for a reduction in side and rear setbacks for buildings A. The site is restricted by a 100 foot Western Area Power Authority easement on the southern boundary between this development and the proposed multi-family project. The proposed design review application was reviewed by staff for compliance with all applicable design, development, and performance standards and guidelines as required by the Silverbell Road Corridor Overlay District and the Pima Farms North Specific Plan. This design review application is in substantial conformance with all required development and design standards and guidelines. Attachments Application, project description, exterior elevations, proposed landscape plan, and proposed site development plan. ATTACHMENTS: Name: Description. "Type: O Resolution2fl09-37 Continental Crossing Marketplace SCROD Resolution Resolution Ratification.doc ....................._.._............._.............. ~ Applicant_Summary.pdf Applicant Summary Backup Material ^ Applicatanpdf Appl`€cation Backup Material O ~o_catio__n_M_ ap~df Location Map Backup Material D f_ront_eleyations...pdf Front Elevations Backup Material ~ siderear_elevatons~df Side and Rear Elevations Backup Material Staff Recommendation: Staff forwards the attached Resolution, ratifying design approval for the development known as Continental Crossing Marketplace. Suggested Motion: I move to approve Resolution No. 2009-37. Regular Council Meeting -April 7, 2009 -Page 10 of 116 MARANA RESOLUTION N0.2009-37 RELATING TO DEVELOPMENT; RATIFYING DESIGN APPROVAL FOR THE DEVELOPMENT KNOWN AS CONTINENTAL CROSSING MARKETPLACE WHEREAS, the Town of Marana approved and adopted the overlay district for the Silverbell Road Corridor Overlay District on December 16, 2003 (Ordinance No. 2003.27), located within the corporate boundaries of the Town of Marana, Arizona; and WHEREAS, DAZ7-Sombrero Peak, LLC is the owner of approximately 6.3 acres within the Pima Farms North Specific Plan and the Silverbell Road Corridor Overlay District, and has applied to the Town of Marana for design review approval for a commercial center generally located on the south side of Silverbell Road and west of Continental Reserve Loop (adjacent to the Quik Mart), within a portion of Section 28, Township 12 South, and Range 12 East; and WHEREAS, the Manager's Design Review Committee met on February 2, 2009 and recommended approval of Continental Crossing Marketplace; and WHEREAS, the Mayor and Council have considered the application at the regular Town Council meeting held April 7, 2009 and have determined that the recommendation of approval by the Silverbell Road Corridor Overlay district Manager's Design Review Committee for Continental Crossing Marketplace should be ratified. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the recommendation of the Manager's Design Review Committee regarding the design for Continental Crossing Marketplace, submitted by The DESCO Group, is hereby ratified. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 7a` day of April, 2009. ATTEST: Mayor Ed Honea Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regular Council Meeting -April 7, 2009 -Page 71 of 116 ~~ January 5, 2009 Jez~na ~2eilly `I`otivn of 1t~Iat~zrza .planning l~cpartnzent l i 55S t~. C',ivic Center Drive Maranzz, t1Z ~5GS3 c~,~~fft~t~~rttF ~~ Cantiuezztai Crossing h~tarhetplace~ Silvezbeli Road Caznnzercial Overby District Az~ehitecturzzl Review= Committee x~tncl ~leariz~; ttt~t~t 1?star{> Dear Ms. Reilly; The following is ~ rlc~sez`iptiol~ of tl~e ~:ozztinental Crossing Vl~~et~tacc developrrxent as re~air-ed far the suhnaittal pac~.€zge of tlzc ihrcrt~ell I~.oad Coixer~ial Overlay D'istriz;t A1•ehitectural ~evie~v 1-IearizYg schcdcded on August Gol~tiztental Czossing I~arkctpiace 52,133 squaw foot z~etail center located ozt the sautl~~+rest corn~• of Siivez~ell I~.aad and C`.ontiner~tat ~escrve ~ aop, The pr°aperty ~a~~~t~f~rtt~~r~ has t~~o access points ran ~ilvert~ell moat! and one access point on Cozztinei~.t~l reserve £<oop. There is a shtarccl <zccess point far the Cazztizzental Czassn Condanzinizrn~ Developn~~lt located c~zz the na~rtl~ern portion ai' tl~e development. 'The access £oz• the Oc~rttiuentat C~ossini; C'andaminizazzl Developrnez~t is for ezz~erez~cy vehicle access. There are a total of six birilc~in~~s iz~ the develapz~aez~t. hire of the htziiriiz2gs have Frontage on ~ilverheii azzd c~nc oi'zhe, htzildings has frozztttge on Crantizzental ~cser°ve >aoai~. Building ~ is azrtici}~i€ted to Eye a stand alanc~ restazzraz~t l~tziiditi~, ~3uilding T3 is anticipated to lac a [}aizic ~nrith a dccve dire. 13zzildirzgs £::7 D and l are. lacaied it~- ti~ center of the dc~c~lapznetzt at~d are sepaz•~ted with ~vall~v€zys to ezteouz~ge pedestriatz traffic. I3uildizz~;s C., ll anci I:; tyre standard retail huil~in~;s, 13~zildint; li is a stas~ci aloz~c b~tildiz~~g that is anticipated to ~~ rz standard retail or ~~£~ce building. 13zzildin~ 1? is tlc~it~le in design as it caz7 be c:tiicr one or two stories in height. Regular Council Meeting -April 7, 2009 -Page 12 of 116 17~~ Lrix# ~ikl~licrs~ 33ri~~e, quite 1t3~ tlresaK~~S,t~x~ontt :t,571fi r2f11~97dk934 t^d ~ ,"i'~4b'~~77A~~•63 If ~QU t~a~ ~n~ ~dd~tiona! coniixiea~#s p3eE~s+r clc~ not lacsitafi~ ~a ~ai~t~~fi tn~. t3es~ r~~ard~s ~~ ~~; ,~«~~ `,~ z :f~m~s I~a~dman ~sso~iate I~ESCC} ~~uth~.rest Corrrrrrerxsi~t 12~rx! C.~tale l3r•ok~r•c7~~c, taraci* ~~f'<4~fi'~O~7I7tLltf Regular Council Meeting -April 7, 2009 -Page 13 of 116 t74yi':~st~itt'iiitei~r'rti€*,4ttitoit)1 ilf~~1utr,lcvrac~.i$?7I3 +xp,x~ll-1t~12~ f:'rL;'t.°"+~>,Ul~~)7-H~k#:3 _ ~~ Tt)WN OF BAR ~N~ ~~~~ Planlun~' Department ~~~=/ f'~ t 1 Ss5 t~~. Cir~zc Center Dr. Marana AZ 85Fi53 `"'""~"`'`~"""' (52(?) 382.26017 Fax. (:524) 382-2(x39 ~..~ ~..__~..~._..._ ~..~..~_ .. ._~._ 1'I,~,NNI~@G ~ ~tlP1IN~CAi'l'L.IGATICi'1N _~ ~~,,,-~„_ X. '~"~°E"~ t}h ~S.I'I'LIC`,r~TCt~i~ ~t'tsec~ C'i~~e) . rt..., , ~.~ r- .~ o Preliminary Plat v General Plaa~ 4snendmeait o Variance n Final Plat o Specific Flan Amendment o Conditional Ii3~ Kermit s~ Development flan o RezonefSpeaific Ptn n Other o Landscape Platy o Significant Land Use Change -- o ltiative Pfant Permit o Minor Land hivision . .~-- ~.~..~.~_-....Y.__ _.. _.... ,....~.m_._.._W .-. , ~._~ Assessor's Parcel Nunlbet~{s} ~~ Creneral Flan I~esi;nation A portio:~ of 22Z-22-OObF ____ fofe~ot~txaned-fzys~?f?~ Crross Area {.~crelSq. F't.) Current Zoning; Dcvetopment;~Projegt Name 6.23 Acres Cf~ be e~nfirnid b1-statl ontinental Croesi.ng Maxketg'taa Proposed Zoning "o+, Projecf Location Desertption O~Pro,~~Gt Southwest corner of Si1v~rl~eiZ Road and ConCinenCa} Reser~re LQo Nest comnerGia.c sire to include six buildings Property Owner `" D 7- ~o+nbrero ~L Street Address ~ 25 North Hrsxit Wood. Blvd. City Mate Zip Code Phone Number ~`~ Number E-Mail .Address St. Z,ouis _ Contact Person N!O 63105-?709 520-29'7-8929 ~ 520-297-89~k~ , _... Phtsne Number Applicant _ ` ~~rir Ixic Street Address , - - _ 551.7 E. nth street City ~ State Zip Code Pha3ie Dumber Fax Number E-Mail Address Tcieson Contact Persaa AZ 85911 52fl-326-7Q$2 520-326-7548 Pho€tei~nmber Kent De1gh 52Q-326-7082 AgeutfR presentativc ___ DAZ 7 St~mbrere> beak, L. L, C. Streef Address 1795 East 51z lzt?e TJriv~, Suite 293 City _ State Zip Code Phone Number Fax. Nu~zaber E-~~fai1 ~~ddress Tucson Contact Persotl FiZ 85'718 520-297-8329 520-297-8913 ~ ` - Town of MaY•ana -- lzke Barlett L32isinessL-icenseAio. .,~.,,~,..~..,.~ _... ~~..._.. 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Y., ~'`% `~ p i n ~ ~~~.1_ ~eriuei~~ 0 325 650 ft. ,-j~~ A r~questfir~r r~~ificaf~or~ of tho apprava( ~y t}~e ~ilverbo(I f~oad Corridor Overlay District I~lan~ger'~ a~:~~gn Review Comm~~te Data pisc{ai+ner; Th8 Town of Martina provides thls map lnforntafian 'As Is' at the request offha user wdSh the understanding that !s not guaranteed to brt accurat4, correct or coMptefe anri con~9usions drawn from such information ato the responsibiilty of the user.;n na event shat The Town of Martina keoome Fiable !o users of these data, or any tither party, for any loss w direct, ind#rent, speclal,inddental ar consequential damages, including but not (invited to tim©, money or good~.v3il, arising from the egular Council Meeting -April 7, ~b~9 - 4~age 15 0 i ~ ~~ _ ~ ~ tt3 ._ ~ ~k ~ ~ ~ ~ ~ !+ _ c~~u~ ~ ~ ~ ~ : ~ ~ ,~ a ~ ~ ~ ~ ~ G ~~ua~ e- :~ c~ ~ ~ ~ ~ ~ ~~.3Q~ .9 _i J ._i 4J V ~./ 3.1.3srrw °1 Z ~ iL3wZ ~ ~i t/> ~ d Z 131 ~ ~ ~ ~ ~ ~ ~ ~ ~ Q 13.d L31 <; `~~ ~i ~--' _'~' ~' ~,"" ""'" .cam ~" 1 t ~ 1,.1,.,1 !~~ -r ~~... ~~ G~ Q~ -~ s--- x ~~ y. ~` ~T #b ~. ~ ~~ rJ {~ -;° 3 r_ e t~~ , ~> ~ ~ ~~ ~~ w. i ~r ,~ ; t!~ r^' ~`< ~~ . y , F ~ ~ L~R3 ~ _~ ~ _ ~' ~% Z ~..,~ lE ,, s z ~~ 0 U_~ z~ ~~: ~,; fA~ ~~ ~G µ i { ry) l J ~~ ~~ ~w {,t 4~s ~~;~ aQ ~ (^'~~ "' r ~- ~~ .. #~~r~* .,r+' 't~ ~~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, April 7, 2009, 7:00:00 PM To: Mayor and Council From: Keith Brann ,Town Engineer Strategic Plan Focus Area: Community Building Item C 3 Subject: Resolution No. 2009-38: Relating to Infrastructure; approving acceptance of public improvements for maintenance of 6941inear feet of median turn and appurtenances, located at 8579 N. Silverbell Road Discussion: Approval of this Resolution will release the Private Improvement Agreement between the Town of Marana and Elliot McGuire Development as depicted on Exhibit A. In releasing said Assurance Agreement, the Town of Marana will accept for maintenance, including regulatory traffic control signs and street signs, approximately 694 linear feet of Silverbell Road. Improvements including a median turn lane were constructed as part of the Monkey Business project. Financial Impact: O&M Budgeted ATTACHMENTS: Name: Description: Type: ~ Resolutian Monk Business.dac Resolutian Resalutian ^ Mankey_Busness_Exhbt A,pdf Map of lrnpraverraents xhifait Staff Recommendation: Staff recommends Mayor and Council release the Private Improvement Agreement for Monkey Business and accept the public improvements for maintenance. Suggested Motion: I move to approve Resolution No. 2009-38. Regular Council Meeting -April 7, 2009 -Page 18 of 116 MARANA RESOLUTION N0.2009-38 RELATING TO INFRASTRUCTURE; APPROVING ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR MAINTENANCE OF 694 LINEAR FEET OF MEDIAN TURN LANE AND APPURTENANCES, LOCATED AT 8579 N. SILVERBELL ROAD WHEREAS, Elliot McGuire Development, has completed the public improvements acceptable to Town standards in accordance with the Private Improvement Agreement for Monkey Business DPR 0510-003. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana as follows: Section 1. The Town accepts for maintenance, including maintenance of regulatory traffic control and street signs, 6941inear feet of median turn lane and the appurtenances, as depicted on Exhibit A. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 7t'' day of April, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -April 7, 2009 -Page 19 of 116 ,$~ ~a~~ ` ~¢" ' ~.: ~ g ~U -- _____ /r r 5 /r E / ~ r t ~ ~ / ~, ggg ~r ~~ ~~ ~ r ~a f t/ r $~ I ~ ~~ ~$~ /r $~ r~ ~~ `~ ~ ~ r' ~_,` ~ d r S1 r ~ ~ L~ 2 a /_ r~ r r _ r ~ $ St! r $~ r ~~ ~ / ~~ / ~i r ~` a ,~ ~~ ~~ ~, $r v ~ o WU' ~ __ _\F~. s ~~ ~ `r f C' r ~` ~ 1~ I a€ Z Y _ `r _v s ~m 4~ a~ ~' s w ~ v ~ T o~ o~ a~ ~ ~._' 2 a ~g~ 4 ~~ ~ x z 3 y~ °~ i ~ go;i m ~ ~~~~~ ~ ~ ~ ~ w ~ ~ p ~~ o ~ ~ ~~ rc ~~ K ~~ ~ o° ~ ~ z $~ s~~~~~~ 4 0 ©o0 00 0 oh ~~ .- h ~ 9 oa (g o w C 1 ~ G m 3~ ~ ~~~ tF: ~ ~ u~.~ e =~ ~a~ C/ N a~ ~ C QI ~. 3ti~ z" r a w . d g ~ F ~ ~ ~ o ^n ~ B Y ~ a ~ ~ X . . , ~ 88 a ~E a a ~ F °~ n S ~ ~ b II S Yi 6 ~ s ~~~ _rM 0 ~~~ ~ ~ ~ s ~~~ ~ rv~ W~$g ~ ~ o ~ $$ ~.;{~ ~~~~~ ~ ~ ~g ~ ~ ~ ~ ~ as ~~ ~~ ~~y8 ~~~~~ ~ ~ ~ ~ ~ ~ ~~ ~ ~~ ~~ z~~ o~^e~i' ~ a ~o ~ ~ ~~ ~'g~ ~ ~~ has ~=d~ 'g ~ ~ g a~g~ ~8~ ~ ~~°~~ ~~ ~ ~~ ~ ~3 ~ ~~W ~z ~p ~~~ ~~ o_ ~ .. ~ b ~ e w_ _ " ~ *,,~ ~~~~. 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, Apri17, 2009, 7:00:00 PM To: Mayor and Council From: Kevin Kish ,Planning Director Strategic Plan Focus Area: Commerce Item C 4 Subject: Resolution No. 2009-39: Relating to Development; approving and authorizing a final plat for Canyon Community Bank and the Retail Shopper Discussion: Request The applicant is requesting approval of a 4-lot commercial subdivision on 2.01 acres. The final plat will allow for individual ownership of the existing commercial buildings. Location The subject property is located on the corner south of Continental Reserve Loop and west of Silverbell Road. Zoning Information The zoning for the site is C (Commercial); per the Continental Ranch Specific Plan. Transportation and Access This project currently has right-in and right-out access from southbound Silverbell Road,. and access from either direction off of Continental Reserve Loop. This property all shares a cross parking and access agreement with the adjacent property to the south. Development Plan A development plan for the commercial center was approved by the Planning Commission on December 20, 2006. Attachments Application, location, map, final plat, and approved development plan. ATTACHMENTS: Na911e: D0SGr1pCi{)Il: Type: ^ Resolution 2009-39 Canyon Community Bank.doe Resolution Resolution ^ Applicationpdf Application Backup Material ^ Location._Map,pd_fi Location Map Backup Material ^ Final Plat.gdf I^inal Plat Backup Material Regular Council Meeting -April 7, 2009 -Page 21 of 116 Staff Recommendation: Staff recommends approval of the final plat for Canyon Community Bank. Staff has reviewed the application for compliance with the Marana Land Development Code, Marana General Plan, and Continental Ranch Specific Plan. The final plat is in conformance with all required development regulations and conditions of zoning. Suggested Motion: I move to approve Resolution 2009-39. Regular Council Meeting -April 7, 2009 -Page 22 of 116 MARANA RESOLUTION N0.2009-39 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A FINAL PLAT FOR CANYON COMMUNITY BANK AND THE RETAIL SHOPPES WHEREAS, the applicant, The WLB Group, Inc. representing the property owners of Canyon Community Bank, An Arizona Corporation, has applied for approval for a final plat consisting of a 4-lot commercial subdivision on 2.01 acres. The subject property is generally located on the corner south of Continental Reserve Loop and west of Silverbell Road within Section 28, Township 12 south, and Range 12 east; and WHEREAS, the Town Council, at their regular meeting on April 7, 2009 has determined that Canyon Community Bank final plat should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that Canyon Community Bank and the Retail Shoppes final plat, lots 1-4, is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 7~' day of April, 2009. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regular Council Meeting -April 7, 2009 -Page 23 of 116 ,; _.~~~~ ~~~...~ ~J~~~ ~~~~ PI~AIV`I~T1tiiG & I;NGINFLRtI\G APPLI+CATIDN ~ - ~ i. TYPE t~F AP~I,TCATtON (Cheelz One) ^ Preliminaxy flat ^ Fi~~al Plat ^ General Plan Amendment ^Variancc ^ D~vrclopment Plan ^ SWPPP ^ Laudscapc Plan ^ Nttti~~e Plant Permit ^ Specifrc Plan Amendment ^ Conditior~~l Use Pemut ^ 1ZcaonefSpecific Plan ^ Arutexation ^ Significant mid Use Change ^ Ivlinar Larrd Division Q Water Pian ^ Impmverrient Plan. (specify type in Descrjption of I'rojcct bctx~2 ^ Clther 2. ~EI~E~.AL DE1,TA RE I3IRED Assessor's Peel General Plan Designation Nnmbe ~ To be conffrnled by stafl} _. Gross Area (Acre/Sq. Imo) 201 Acres Current Zoning ~ To be confirmed 13 ~ s~~ff} DevclopmentJProject-Name Canyon Gammunity Bank ProposedZoning ~ project Location t~artfi Half of Section 28 T12S, R12E, Gila & ARM Town e~f Marano, Puna Gaunty, AZ DescriptiQrt of Projects Commercial Prajaot far Canyon Community Bank & The F~etail Shopper 1'ropcrty G~vner Canyon Community Bank, An Arizona Corporation Sfireet Addms 6811 North Thornyda(e Road Suife 191 City State Zip Code Fhonc Number Fa~c Nu~riber ___ E-Mail Address Tucson AZ 85747 ~7-E16D0 547~05'F~ Contact i'ersan Mr, Dennis Cummings. Phone Number f E~nai1 5~t7-0600 Applicant The ALB Group, lnc. Street Address 4444 East Broadvvoy Boulevard City State Zip Cade k~hone'~lumbcx' P Number E-Iulail Address Tucson AZ 85711 881-7480 881-7492 ahaslerrrQwlbgroup.cam Contact Person Andie Harlem Phone. Numbst` lE=mail 881-74801ahaslem r~Dwlbgraup.cam AgerrtfRepreses~tadve ____ Street Address City Mate Zip Code Phone Nr~rnbcr Fax Number ~ ~ Ivlail Address Contact Pcr.~ott ~- - To~~n of M~na~~a Business License Na. 3. A:i1TfIQRIZATI~N OI; I?k IC1PERTY tIWN~R I, the undersigned, certify that all of the facts set forth in this application are cute to tfie best of my knowledge and drat 1 am eztf~er the owner of the property or flat I have been authorized in ~~rritiu~ ~' the owner to 1 ~ is ihi~ <tlaplication and ciicckli~st. (I#` not ow ner of rectr~l, attach r+~ri€ten are#hc-r~~tian fra~n tfre owner.) ~t~ ~~ ~ _ _~,.. ~ /7'7 ~` 7~ ~f~ ~G'~ l ~° =-z ~ f `~ ~ ` f - _- r L i _ .K T / /;',r r I --Y t Print Name of An licantlA errt S~natnre Date 115~~ '~V. Civic Center Dri~re, Bid . A2*Marana, AZ 8~~i:~3-7t103~Telephone {520} ;f12-2600.1:~~ {520 352-2041. ~PrintForrn~ _ a ~ I ~ ~a~~~~i ~V/If~~~i~t~ ~a~ . ~ina~ Flat ~, ~ , ; ` ~ `~ ~ _ ° ~ z. . CASE PRA'-t~8~74F - ~ ~ -~. ~... 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(i ~ ~' i ~ ~ ~l 6!"a r. ~~~~'~. •, ~ U~~' j ~\~ 1~l ~. y C~&4 I \1V and ~~ ~~ ~ ~~~:yZ`a _ F i ~~~ `~ ~ ~a ° ~ ~ ^ `S` r'~yv ~ ` `. ~ • se ~ ~' ~' n~ es ~~ g ,\~ : ,'.-~~_`= _ ~i F ' T _ ~~- ~ `:;.\~ s -mss ~ ~, _ .~- - - ~- - - //l~\ ~ ..~ ~.H'c~.,'~ V. Y s (gSBl '9d'GBLU 'llNt ~I1~I'a1) d007 3d?I3S37I o ~ o ~ s -~ ' ~ w ~ `~ w ~ ~ ~ ~ ~ ~ ~ ~ a ~ _ ~ i N ~ ~ `~ z ~`' `' ~ ~Z U U ~~ ~ ~ ~~ ~s ~ r R C~{ ;~ _~c § ~~§A F~~Fig"~ ~~y~€'~ a ~~ ~~i~~i ~~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, Apri17, 2009, 7:00:00 PM To: Mayor and Council From: Jocelyn C. Bronson ,Town Clerk Strategic Plan Focus Area: Not Applicable Item C 5 Subject: Resolution No. 2009-40: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a new No. 12 (Restaurant) liquor license submitted by Donald T. Klump on behalf of Grumpy's Jr. Grill located at 8235 N. Silverbell Road, Suite 105 Discussion: Donald T. Klump, on behalf of Grumpy's Jr. Grill is applying for a new No. 12 (Restaurant) liquor license for premises located at 8235 N. Silverbell Road, Suite 105. 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. Regular Council Meeting -April 7, 2009 -Page 28 of 116 A copy of the application is on file with the Town Clerk and is not contained with these materials. ATTACHMENTS: Name: I.)escripiion: ~l`ype: O Approval_Re_s__a Gn~mpy s Jr..doc Approval Resolution Resolution ................ _. _ _. ^ Disaoprov_al Reno Grumpy s Disapproval Resolution Jr,.doc Staff Recommendation: Resolution Staff recommends approval and recommendation to the state liquor board for this liquor license. Suggested Motion: I move to approve Resolution No. 2009-40. Regular Council Meeting -April 7, 2009 -Page 29 of 116 MARANA RESOLUTION N0.2009-40 RELATING TO LIQUOR LICENSES; APPROVAL AND RECOMMENDATION TO THE STATE LIQUOR BOARD FOR A NEW NO. 12 (RESTAURANT) LIQUOR LICENSE SUBMITTED BY DONALD T. KLUMP ON BEHALF OF GRUMPY' S JR. GRILL, LOCATED AT 8235 N. SILVERBELL ROAD, SUITE 105 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, Donald T. Klump has applied for a new No. 12 (Restaurant) liquor license on behalf of Grumpy's Jr. Grill, for premises located at 8235 N. Silverbell Road, suite 105; 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 8235 N. Silverbell Road, suite 105 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 Apri17, 2009, 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 on behalf of Grumpy's Jr. Grill, filed by Donald T. Klump for premises located at 8235 N. Silverbell Road, suite 105 be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Town recommends the application for a new No. 12 (Restaurant) liquor license on behalf of Grumpy's Jr. Grill, filed by Donald T. Klump for premises located at 8235 N. Silverbell Road, suite 105 be approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 7th day of April, 2009. ATTEST: Jocelyn C. Bronson, Town Clerk Mayor Ed Honea APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regular Council Meeting -April 7, 2009 -Page 30 of 116 MARANA RESOLUTION N0.2009-40 RELATING TO LIQUOR LICENSES; RECOMMENDATION OF DISAPPROVAL TO THE STATE LIQUOR BOARD FOR A NEW NO. 12 (RESTAURANT) LIQUOR LICENSE SUBMITTED BY DONALD T. KLUMP ON BEHALF OF GRUMPY'S °JR. GRILL, LOCATED AT 8235 N. SILVERBELL ROAD, SUITE 105 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, Donald T. Klump has applied for a new No. 12 (Restaurant) liquor license on behalf of Grumpy's Jr. Grill, for premises located at 8235 N. Silverbell Road, suite 105; 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 8235 N. Silverbell Road, suite 105 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 Apri17, 2009, 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 on behalf of Grumpy's Jr. Grill, filed by Donald T. Klump for premises located at 8235 N. Silverbell Road, suite 105 be disapproved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Town recommends that the application for a new No. 12 (Restaurant) liquor license on behalf of Grumpy's Jr. Grill, filed by Donald T. Klump for premises located at 8235 N. Silverbell Road, suite 105 be disapproved. PASSED. AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 7~' day of April, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -April 7, 2009 -Page 31 of 116 ,~ ?'~.~~ ~~~ ~~~ T94s~4?? Y~kia}. 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, Apri17, 2009, 7:00:00 PM To: Mayor and Council Item C 6 From: Suzanne Machain ,Human Resources Director Strategic Plan Focus Area: Progress and Innovation Subject: Resolution No. 2009-41_Relating to Personnel; approving and authorizing an amendment to the Town's classified salary schedule, amending the Fair Labor Standards Act (FLSA) status of the Parks Supervisor classification; and declaring an emergency Discussion: This item amends the FY 2008-2009 Classified Salary Schedule by correcting the FLSA status for the Parks Supervisor classification which is currently "non-exempt". The FLSA sets overtime pay standards whereby employees must be paid at a rate of time and one-half for any hours worked over 40 per week. Positions eligible for overtime pay are classified as non-exempt. The FLSA also provides definitions and salary tests for positions that are exempt from overtime pay. At the request of the Parks & Recreation Director, the Human Resources Department reviewed the FLSA status for the Parks Supervisor classification and determined that the classification meets the federal law definition for exempt status. This change will have the effect of eliminating overtime pay should an employee in this class work beyond a 40 hour work week. Financial Impact: No budgetary impact. ATTACHMENTS: Name.: Description: 'hype: O R.E...S. O REj1] j1],AMENDM.ENT T{3 CLASSIFIED SALARY Resolution Resolution SCHEDULEDC7C D FY 20418-49 Adopted Fak Plan_Amd 4-7-09.pdf 2008-2049 Classified Salary Schedule Cower 11~ema Staff Recommendation: Staff recommends approval of the amendment to the classified salary schedule for FY 2008-2009 which identifies the classification of Parks Supervisor as "exempt" status. Commission Recommendation - if applicable: Regular Council Meeting -April 7, 2009 -Page 32 of 116 Suggested Motion: I move to adopt Resolution No. 2009-41. Regular Council Meeting -April 7, 2009 -Page 33 of 116 MARANA RESOLUTION N0.2009-41 RELATING TO PERSONNEL; APPROVING AND AUTHORIZING AN AMENDMENT TO THE TOWN'S CLASSIFIED SALARY SCHEDULE, AMENDING THE FAIR LABOR STANDARDS ACT (FLSA) STATUS OF THE PARKS SUPERVISOR CLASSIFICATION; AND DECLARING AN EMERGENCY WHEREAS the Marana Town Code, Section 3-3-1, provides that the Town Council shall adopt a personnel system for classified employees of the Town; and WHEREAS on August 12, 2008, the Town Council adopted a classified salary schedule for FY 2008-2009; and WHEREAS the Town's Personnel Policies and Procedures, Policy 3-3, provides that the Town Manager shall .ensure the preparation, development and maintenance of the classification plan; and WHEREAS the Town's Personnel Policies and Procedures, Section 3-3-2, provides that amendments to the classification plan require the approval of the Town Council; and WHEREAS the Town Council finds that amending the Town's classification plan as set forth in this resolution is in the best interests of the Town and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Town of Marana hereby approves the amended classified salary schedule, attached to and incorporated by this reference in this resolution as Exhibit A. SECTION 2. The Town's Manager and. staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to implement the amended classified salary schedule in Exhibit A. Regul~r~i~~~AgLO~r~'1~7, 2009 -Page 34 of 116 SECTION 3. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, an emergency is hereby declared to exist, and this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 7t" day of April, 2009. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regul~Aa¢aoa~i8~9ekllia,~-2~~AFF4~ 2009 -Page 35 of 116 -2- Town of Marana CLASSIFIED SALARY SCHEDULE* FY 2008-2009 Grade 10 $18,240 $22,800 $27,360 Annual Document Imaging Clerk Nonexempt $1,520.00 $1,900.00 $2,280.00 Monthly Recreation Aide Nonexempt $8.77 $10.96 $13.15 Hourly Reproduction/Supply Clerk Nonexempt Transcriptionist Nonexempt Grade 11 $20,064 $25,080 $30,096 Annual Mail Carrier/Courier Nonexempt $1,672.00 $2,090.00 $2,508.00 Monthly Office Support Assistant Nonexempt $9.65 $12.06 $14.47 Hourly Rec Center Attendant Nonexempt Grade 12 $22,072 $27,590 $33,108 Annual Customer Service Specialist Nonexempt $1,839.33 $2,299.17 $2,759.00 Monthly Laborer Nonexempt $10.61 $13.26 $15.92 Hourly Recreation Assistant Nonexempt Recreation Leader Nonexempt Grade 13 $24,280 $30,350 $36,420 Annual Accounts Payable Clerk Nonexempt $2,023.33 $2,529.17 $3,035.00 Monthly Court Clerk Nonexempt $11.67 $14.59 $17.51 Hourly Customer Service Clerk Nonexempt Engineering Assistant Nonexempt Human Resources Technician Nonexempt Grade 14 $26,704 $33,380 $40,056 Annual Administrative Secretary/Secretary Nonexempt $2,225.33 $2,781.67 $3,338.00 Monthly Court Security Guazd Nonexempt $12.84 $16.05 $19.26 Hourly Facilities Teehnician Nonexempt Fleet Technician I Nonexempt Human Resources Coordinator Nonexempt Grade 15 $29,376 $36,720 $44,064 Annual Accounting Clerk II Nonexempt $2,448.00 $3,060.00 $3,672.00 Monthly Agenda and Records Clerk Nonexempt $14.12 $17.65 $21.18 Hourly Court Collections Specialist Nonexempt Court Room Specialist Nonexempt Executive Assistant Nonexempt Inmate Services Coordinator Nonexempt Maintenance Worker Nonexempt Permit Clerk Nonexempt Small Engine Mechanic Nonexempt Utility Billing Specialist Nonexempt Water Backflow Specialist Nonexempt Grade 16 $32,312 $40,390 $48,468 Annual Development Coordinator Nonexempt $2,692.67 $3,365.83 $4,039.00 Monthly Engineering Aide Nonexempt $15.53 $19.42 $23.30 Hourly Fleet Technician II Nonexempt HVAC Technician Nonexempt Planning Technician Nonexempt Plans Review Technician Nonexempt Project & Fee Technician Nonexempt Project Coordinator Nonexempt Recreation Programmer Nonexempt Right of Way Inspector Nonexempt Regular Council Meeting -April 7, 2009 -Page 36 of 116 Town of Marana CLASSIFIED SALARY SCHEDULE* FY 2008-2009 : wA ~t ~G.'sT. °`~.L..-3•.r_. .n.s 3. -Fps'... .ty~~ .,V~i't Senior Permit Clerk Nonexempt Signal Technician I Nonexempt Water Operator I Nonexempt Grade 17 $35,544 $44,430 $53,316 Annual Administrative Manager Exempt $2,962.00 $3,702.50 $4,443.00 Monthly Maintenance Coordinator Nonexempt $17.09 $21.36 $25.63 Hourly Computer Technician Nonexempt Construction Inspector Nonexempt Electric Pump & Well Technician Nonexempt GIS Technician Nonexempt Legal Assistant Nonexempt Real Property Acquisition Agent Exempt Records and Elections Coordinator Exempt Senior Administrative Assistant Nonexempt Senior Maintenance Worket Nonexempt Signs and Markings Technician Nonexempt Water Line Construction Inspector Nonexempt Water Operator II Nonexempt Grade 18 $39,096 $48,870 $58,644 Annual Building Inspector I Nonexempt $3,258.00 $4,072.50 $4,887.00 Monthly Contracts Analyst Exempt $18.80 $23.50 $28.19 Hourly Council Liaison Exempt Court Probation Monitor Nonexempt Curation Specialist Exempt Foreman Nonexempt Grants & Housing Coordinator Exempt Housing Rehabilitation Specialist Exempt Human Resources Analyst Exempt Payroll Administrator Exempt Recreation Coordinator Exempt Senior Real Property Acquisition Agent Exempt Signal Technician II Nonexempt Special Events Coordinator Exempt Utilities Technology Coordinator Exempt Water Line Inspector/Plan Reviewer Nonexempt Grade 19 $43,008 $53,760 $64,512 Annual Building Inspector II Nonexempt $3,584.00 $4,480.00 $5,376.00 Monthly Community Response Manager Nonexempt $20.68 $25.85 $31.02 Hourly Code Enforcement Officer Nonexempt Deputy Town Clerk Exempt Engineering Technician Nonexempt Facilities Maintenance Supervisor Exempt GIS Analyst Nonexempt Management & Budget Analyst Exempt Planner I Nonexempt Plans Examiner Exempt Police Telecommunications Supervisor Nonexempt Risk Management & Safety Coordinator Exempt Senior AccountandBudget Analyst Exempt Regular Council Meeting -April 7, 2009 -Page 37 of 116 Town of Marana CLASSIFIED SALARY SCHEDULE* F`Y 2008-2009 Grade 20 $47,312 $59,140 $70,968 Annual Accounting Supervisor Exempt $3,942.67 $4,928.33 $5,914.00 Monthly Community Relations/PIO Exempt $22.75 $28.43 $34.12 Hourly Contract Administrator Exempt Court Supervisor Nonexempt Database Analyst Nonexempt Enviromnental Project Coordinator Exempt NetWOik TOChnlelan Nonexempt Parks Supervisor Exempt Planner II Exempt Police Records Supervisor Nonexempt Project Control Specialist Exempt Public Safety Technology Specialist Nonexempt Purchasing Coordinator Exempt Senior Administrative Manager Exempt Signal Technician III Nonexempt Utilities Technology Analyst (GIS) Nonexempt Grade 21 $52,040 $65,050 $78,060 Annual Civil Engineer Exempt $4,336.67 $5,420.83 $6,505.00 Monthly Crime Scene/Property & Evidence Supervisor Exempt Fleet Management Supervisor Exempt Police Telecommunications Manager Exempt Permit Center and Records Manager Exempt Senior GIS Analyst Exempt Senior Human Resources Analyst Exempt Senior Network Analyst Exempt Software Engineer Exempt Senior Plans Examiner Exempt Superintendent Exempt Utilities Coordinator Exempt Grade 22 $57,248 $71,560 $85,872 Annual Assistant Town Attorney Exempt $4,770.67 $5,963.33 $7,156.00 Monthly Chief Building Inspector Exempt Construction Manager Exempt Employee Relations Administrator Exempt Prinicple Plans Examiner Exempt Technology Supervisor Exempt Traffic Engineer Exempt Grade 23 $62,968 $78,710 $94,452 Annual CIP Project Manager Exempt $5,247.33 $6,559.17 $7,871.00 Monrhty Cultural Resources Manager Exempt Database Administrator Exempt Economic Development Administrator Exempt Environmental Engineering Manager Exempt Intergovernmental Affairs Administrator Exempt Planner III Exempt Police Lieutenant Exempt Senior Software Engineer Exempt Utilities Operations Manager Exempt Grade 24 $69,264 $86,580 $103,896 Annual Regular Council Meeting -April 7, 2009 -Page 38 of 116 Town of Marana CLASSIFIED SALARY SCHEDULE* FY 2008-2009 Construction Division Manager Exempt $5,772.00 $7,215.00 $8,658.00 Monrhly Court Administrator Exempt Engineering Division Manager Exempt Grade 25 $76,192 $95,240 $114,288 Annual Assistant PW Director Exempt $6,349.33 $7,936.67 $9,524.00 Monthly Assistant Utilities Director Exempt Assistant Planning Director Exempt Senior Assistant Town Attorney Exempt Traffic Division Manager Exempt Grade 26 $83,816 $104,770 $125,724 Annual Deputy Town Attorney Exempt $6,984.67 $8,730.83 $10,477.00 Monthly *Excludes positions covered under the July 1, 2008 -June 30, 2010 MPOA Agreement * * Fair labor Standards Act Regular Council Meeting -April 7, 2009 -Page 39 of 116 ~~ ! ~ ~~~,r ~+' ?t)sti;N WMi w.. 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, Apri17, 2009, 7:00:00 PM To: Mayor and Council Item C 7 From: Suzanne Machain ,Human Resources Director Strategic Plan Focus Area: Progress and .Innovation Subject: Resolution No. 2009-42: Relating to Personnel; approving and authorizing a salary schedule for short-term temporary employee classifications for FY 2008-2009; and declaring an emergency Discussion: This item creates a new salary schedule for the Town's current FY 2008-2009 for jobs filled by short- term temporary employees who work for the Town on a seasonal or "as needed" basis in Parks & Recreation programs such as Inclusion Aide, Lifeguard, Lifeguard/WSI, Sports Official and Pool Manager. Short-Term Temporary positions have not historically been included in any salary schedule and are specifically excluded from the classified salary schedule by Section 3-1-3(D) of the Town Code. However, for proper authorization in assigning pay, this classification of employees should be subject to a salary schedule of its own. Adoption of this salary schedule will not have a budgetary impact. By definition, set forth in Section 3-1-3(D), short-term temporary employees hired in these positions will not exceed six months or 1040 hours in a rolling 12-month period and will not be eligible for benefits. The Human Resources Department is recommending flat rates be assigned to the Lifeguard ($10.00/hour), Lifeguard/WSI ($10.50/hour), Sports Official, ($10.00/hour) and Pool Manager ($12.60/hour) Cherneyclassifications. Additionally, it is recommended that a salary range. of $10.00 - $15.00 per hour be assigned to the Inclusion Aide classification, due to varying degrees of qualifications and experience required. These rates are consistent to rates paid for these positions over the last three fiscal years. Furthermore, these rates remain competitive within our market. Financial Impact: No budgetary impact. ATTACHMENTS: Name: Description: ~ Reso re(1j[1 .CREATION OF SALARY SCHEC3ULE.._FOR S-T Resotu{ion TEMP _E...ES_DO_C_ D Short Term Temparary short-Term Temporary Satary Schedule Salary Schedule.pdf 'I"}-pe: Resolufion Cover Memo Regular Council Meeting -April 7, 2009 -Page 40 of 116 Staff Recommendation: Staff recommends approval of the creation of a salary schedule for short-term temporary employees for FY 2008-2009. Suggested Motion: I move to adopt Resolution No. 2009-42. Regular Council Meeting -April 7, 2009 -Page 41 of 116 MARANA RESOLUTION N0.2009-42 RELATING TO PERSONNEL; APPROVING AND AUTHORIZING A SALARY SCHEDULE FOR SHORT-TERM TEMPORARY EMPLOYEE CLASSIFICATIONS FOR FY 2008-2009; AND DECLARING AN EMERGENCY WHEREAS the Marana Town Code, Section 3-1-3(D), creates and defines a class of Town employees known as short-term temporary employees; and WHEREAS short-term temporary employees are used to augment the workforce due to seasonal and other specific temporary workload needs that require additional staffing; and WHEREAS the Town's Parks and Recreation Department has a need to hire short-term temporary employees to fill seasonal positions during this fiscal year 2009-2009; and WHEREAS Section 3-I-3(D) of the Town Code provides that short-term temporary employees are not subject to the Town's classified salary schedule; and WHEREAS short-term temporary employees should be placed on a salary schedule for proper authorization in assigning pay; and WHEREAS the Town Council finds that approving and authorizing a salary schedule for short-term temporary employees as set forth in this resolution is in the best interests of the Town and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The. Town of Marana hereby approves short-term temporary salary schedule, attached to and incorporated by this reference in this resolution as Exhibit A. SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to implement the short term temporary salary schedule in Exhibit A. SECTION 3. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, an emergency is hereby declared to exist, and this resolution shall be effective immediately upon its passage and adoption. Regul~raC~i~~~l~~glb~~l~7, 2009 -Page 42 of 116 PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 7th day of April, 2009. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regul~AaQaoad~B~lelelliopP-~&F§~ 2009 -Page 43 of 116 -2- Town of Marana SHORT TERM TEMPORARY SALARY SCHEDULE* F'Y 2008-2009 Inclusion Aide Nonexempt $10.00 $15.00 Hourly Lifeguard Nonexempt $10.00 - Hourly Lifeguard/WSI Nonexempt $10.50 - Hourly Sport Official Nonexempt $10.00 - Hourly POOI Manager Nonexempt $12.60 - Hourly ** Fair labor Standards Act Regular Council Meeting -April 7, 2009 -Page 44 of 116 ~~~~ «~ ~ ~.~.~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, April 7, 2009, 7:00:00 PM To: Mayor and Council From: Terry Tometich , Chief of Police Strategic Plan Focus Area: Community Building, Heritage Item C 8 Subject: Resolution No. 2009-43: Relating to the Police Department; approving and authorizing the Chief of Police to execute a Memorandum of Understanding between the Marana Police Department and the Pinal County Sheriff s Office regarding the sale of horses and equipment; and declaring an emergency Discussion: The Town of Marana Police Department has managed and operated an Equestrian Unit since fiscal year 2002-03. Initially the creation of the unit was based on a justification that the unit would patrol the washes near Orange Grove and the upcoming trail system in Marana. Since its inception, the unit has largely been used for a number of public relations functions including school presentations, representation at funerals, bowl games and town special events such as Founder's Day and the 4th of July. In light of current economic challenges, staff has been performing ongoing reviews of all services to look for efficiencies and opportunities for- savings. The Equestrian Unit is one such area where savings could be achieved with no disruption in services. Over its history, the Equestrian Unit has been used primarily for public relations activities rather than the patrol function originally envisioned in FY 2003. In an effort to manage costs as the town has grown, the necessary staffing required to support this mounted patrol have been diverted to ensure service levels are maintained for regular motorized patrol activities. This has reduced the utilization of the horses for the function for which they are trained and has created a challenge in keeping the horses trained to standards. While the public relations functions of the Equestrian Unit are important and a source of pride for the town, staff has identified a more cost-effective approach for a mounted unit presence at key public events through the creation of a special mounted-patrol unit within the Volunteers in Polices Services (VIPs) program. VIPS who are members of the mounted patrol unit would use their own horses and equipment for special events. The Town would endeavor to have special horse blankets and/or identifying clothing for the horse and rider to use when representing the town at special events. This approach would continue to support the Strategic Plan focus area: "Heritage." In addition, the need for Equestrian-related patrols is limited and in the infrequent circumstances where equestrian support is required,. the town will work with other agencies in a cooperative arrangement. Police Department staff contacted local law enforcement agencies in the area to see if there was an interest in acquiring the horses and related equipment. The Pinal County Sheriff s Department has agreed to purchase these items, allowing the horses to continue to perform the type of work that they Regular Council Meeting -April 7, 2009 -Page 45 of 116 have have been trained to do. Additionally, Final County would be available to assist the town on those occasions when equestrian support is needed. Financial Impact: The annual cost of maintaining the Equestrian Unit is estimated at $27,823. This does not inclue the additional costs in excess of $100,000 to staff the unit with two police officers required to maintain a mounted patrol function including the required exercise and training of the horses. The sale of the horses and equipment to Final County will result in an annual savings in current year dollars of $27,823 and cost avoidance in excess of $100,000 for salaries and benefits of the officers. Final County has agreed to purchase the horses and equipment for $10,000. ATTACHMENTS: Name: I)escriptiot~. "Type: O Reso re MOtJ w-Final Ca far sale of horses.DOG Resolution Resolution ^ TOM-Final Co MOU re _ ... _.. horses w-Co_changes MOU with Final County Exhibit ~QUQ'1397 ~ -2~,DOC D Exh bitA to NI O U w-Praa I C® _ .._ _ .. _ _ _ _ . t _ __rses (0001395.9~.pdf e ha , . Exh~bet A to MOU Exhibit Staff Recommendation: Staff recommends approval of Resolution 2009-43. Suggested Motion: I move to approve Resolution 2009-43, authorizing :the Chief of Police to execute an MOU with Final County for the sale of horses and equipment. Regular Council Meeting -April 7, 2009 -Page 46 of 116 MARANA RESOLUTION N0.2009-43 RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE CHIEF OF POLICE TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE MA- RANA POLICE DEPARTMENT AND THE PINAL COUNTY SHERIFF' S OFFICE REGARD- ING THE SALE OF HORSES AND EQUIPMENT; AND DECLARING AN EMERGENCY WHEREAS the Marana Police Department has discontinued the use of its Mounted Unit; and WHEREAS the Marana Police Department owns three horses and various equestrian equip- ment previously used in the Mounted Unit; and WHEREAS the Pinal County Sheriffls Office has a Mounted Unit that has a need for the horses and equipment owned by the Marana Police Department; and WHEREAS the Town of Marana, through its Police Department and Pinal County, through its Sheriff's Office, desire to enter into an agreement by which the Town will sell the horses and equipment to the Pinal County Sheriffls Office for use in its Mounted Unit; and WHEREAS, the Mayor and Council of the Town of Marana feel it is in the best interests of the public to enter into this agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA AS FOLLOWS: SECTION 1. The memorandum of understanding between the Marana Police Department and the Pinal County Sheriff s Office, attached to and incorporated by this reference in this resolu- tion as Exhibit A, is hereby approved, and the Chief of Police is hereby authorized to execute it for and on behalf of the Town of Marana. SECTION 2. The Town Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the memorandum of understanding. SECTION 3. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, an emergency is hereby declared to exist, and this resolution shall be effective immediately upon its passage and adoption. Regular Council Meeting -April 7, 2009 -Page 47 of 116 Marana Resolution 2009-43 -2- PASSED, ADOPTED, and APPROVED by the Mayor and Council of the Town of Marana, Arizona, this 7TH day of April, 2009. ATTEST: Mayor Ed Honea Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regular Council Meeting -April 7, 2009 -Page 48 of 116 Marana Resolution 2009-43 -2- MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into by and between the TowN of MARANA, an Arizona municipal corporation (the "Town") and PINAL COUNTY, a political subdivision of the State of Arizona (the "County"). The Town and the County are sometimes referred to in this MOU as the "Parties." RECITALS A. The Town of Marana Police Department previously staffed and utilized a Mounted Unit. The Department owns three horses and various equestrian equipment previously used in the Mounted Unit. The horses and equipment are more particularly defined in Exhibit A, attached hereto and incorporated herein by this reference. The Marana Police Department recently discontinued the use of its Mounted Unit. B. The Pinal County Sheriff s Office utilizes a Mounted Unit and has a need for the horses and equipment owned by the Marana Police Department. C. The Town and the County desire to enter into an agreement by which the Town will sell the horses and equipment to the Pinal County Sheriff's Office for use in its Mounted Unit. AGREEMENT Now, THEREFORE, in consideration of the foregoing promises and the mutual covenants set forth in this MOU, the Parties hereby agree as follows: 1. Sale of Horses and Equipment. The Town shall sell the horses and equipment defined in Exhibit A to the County for the sum of $10,000. 2. Payment by County. The County shall pay the $10,000 owed to the Town as set forth in paragraph 1 in two installments of $5,000 each. The first installment shall be paid by the County on or before June 1, 2009. The second installment shall be paid by the County on or before Apri130, 2010. 3. Transfer of Horses and Equipment. The Parties shall schedule a date ("transfer date"), after the effective date of this MOU, for the Town to transfer the horses and equipment to the County. In no event shall the transfer date be later than April 30, 2009. At the time of the transfer date, the Town shall provide the County with the health records and all other documentation related to the horses and any other items listed in Exhibit A. In addition, the Town shall transfer title to the 4-Horse. Gooseneck Trailer listed in Exhibit A to the County at the time of the transfer date. 4. Effective Date. This MOU shall be ef~'ective as of the signature date of the last Party to sign this MOU. {00013971.DOC / 2j -1- Regular Council Meeting - Apri17, 2009 -Page 49 of 116 EXHIBIT A 5. Responsibility, Care and Maintenance of Horses and Equipment. The County shall be solely responsible for the care, maintenance, health and welfare of the horses and equipment from the transfer date forward. Under no circumstances shall the Town be responsible for these items after the transfer date. 6. Indemnification and Release of Claims. The County agrees to defend, save, hold harmless and indemnify the Town of Marana, the Marana Police Department, its successors and assigns from and against any and all manner of claims, suits, lawsuits, action or actions, causes or causes of action, liabilities, damages, and other claims and demands of whatsoever nature or kind against the Town caused by the acts of the horses listed in Exhibit A or the use of the equipment listed in Exhibit A from the transfer date forward. The County also hereby waives and releases any and all rights and claims for damages it may have against the Town of Marana, the Marana Police Department, its officers, employees, agents, representatives or volunteers for any and all injuries, damages or liabilities suffered or incurred by it as a result of its ownership of the horses and equipment listed in Exhibit A. 7. Insurance. The County shall be solely responsible for maintaining insurance for the horses and equipment listed in Exhibit A from the transfer date forward. 8. Notices. All notices, requests and other communications under this MOU shall be given in writing and either (i) personally served on the parry to whom it is given, or (ii) mailed by registered or certified mail, postage prepaid, return receipt requested, or (iii) sent by private overnight courier such as Federal Express or Airborne, or (iv) transmitted by facsimile (provided that a confirming copy of the facsimile transmission is mailed on the date of such transmission), addressed as follows: If to the Town: MARANA POLICE DEPARTMENT ATTN: CHIEF OF POLICE 11555 W. Civic Center Drive Marana, Arizona 85653 (520) 382-2000 Fax (520) 382-2001 If to the County: PINAL COUNTY SHERIFF'S OFFICE 971 Jason Lopez Circle Building C P.O. Box 867 Florence, Arizona 85232 (520)866-6800 Fax (520) 866-5195 All notices shall be deemed given when delivered or transmitted by facsimile or, if mailed as provided above, on the second day after the day of mailing, and if sent by overnight courier, on the next day after the date of deposit with the courier. Any party may change its address for the {00013971.DOC / 2} - 2 - Regular Council Meeting -April 7, 2009 -Page 50 of 116 EXHIBIT A receipt of notices at any time by giving written notice thereof to the other parties in accordance with the terms of this .section. The inability to deliver notice because of a changed address of which no notice was given, or rejection or other refusal to accept any notice, shall be deemed to be the effective receipt of the notice as of the date of such inability to deliver or rejection or refusal to accept. . 9. Miscellaneous. (A) This MOU may not be modified except in a writing signed by both of the Parties. (B) Time is of the essence of this MOU. (C) This MOU shall be governed by and interpreted in accordance with the laws of the State of Arizona, and any lawsuit to enforce any provision of this MOU or to obtain any remedy with respect to this MOU shall be brought in the. Pima County Superior Court, and for this purpose the Parties expressly and irrevocably consent to the jurisdiction of the Pima County Superior Court. (D) If either of the Parties fails to perform any of its obligations under this MOU or if a dispute arises concerning the meaning or interpretation of any provision of this MOU, the defaulting party or the party not prevailing in the dispute, as the case may be, shall pay any and all costs and expenses incurred by the other party in enforcing or establishing its rights under this MOU, including, without limitation, court costs and reasonable attorneys' fees. (E) The captions and section numbers appearing in this MOU are inserted only as a matter of convenience, and do not define, limit, construe or describe the scope or intent of such sections or articles of this MOU. (F) This MOU may be executed in multiple counterparts, each of which shall, for all purposes, be deemed an original and all of which, taken together, shall constitute one and the same agreement. (G) This MOU shall be binding upon and inure to the benefit of the Parties and their respective successors in interest and assigns; provided, however, that no assignment of this MOU shall in any way relieve the assignor of its obligations under this MOU. (H) This MOU is subject to A.R.S. § 38-511, which provides for cancellation of contracts in certain instances involving conflicts of interest. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK {00013971.DOC / 2} - 3 - Regular Council Meeting -April 7, 2009 -Page 51 of 116 EXHIBIT A IN WITNESS WHEREOF, the Parties hereto have executed this MOU as of the last date set forth below their respective signatures. THE TOWN OF MARANA, an Arizona municipal corporation PINAL COUNTY, a political subdivision of the State of Arizona By: Terry Tometich, Chief of Police Date: ATTEST: Jocelyn C. Bronson, Clerk Approved as to form: Jane Fairall, Deputy Town Attorney By: Chairman, Board of Supervisors Date: ATTEST: Sheri Cluff, Clerk Approved as to form: Deputy County Attorney {ooot39~1.~oc i a} - 4 - RegularCouncil Meeting -April 7, 2009 -Page 52 of 116 EXHIBIT A Mar 20 09 0209p A Touch Of The Wed DESCRIPTION NUMBER t`as Boots -12 sets __ Leather Saddle 9a 8 ~ 48 3 Frace Shields ~ 3 ~- N Ian Saddis Ba -~~~~ ~ ~ 't Wool Saddle Pads 2 Trainin Hefrnets -. __.. 3 ... ~..... .._ Feed B s ~ r6lack Dress Saddle Ped 1 _ 81ue Dress Saddle Pad ^ ~ 3 Reflective Stra s 2 Ee .u Stirru Extender ~ Buckets 2 Gniomi Su ies 1 Wheel Barrel 1 Saddles ~~ 3 bridles & Reins 3 t_eether $Capbards 2 Lun a line 1 Whip '! Leat~ter Ores Halter ._ ~ ~ ~ T .._ . ... ~~ 1 Saddle Stand • ~ 1 Winter t3tan k ets . ._ ._ _ 3 _ _ . .__. FI Sheets ~ 9 Htaltcars & Lead R s 5 Brooms, Shavels,.Rakes _ 1 Plastic Feeders 3 ._.__. . ...., ... Automatic Waters . ~ ~ 40 Gallon Water Tubs 3 ~ Petra! Welmet 7 60' i2ound Pert 1 Panels stalls) ,_ 3t) Stall Mats 7 ~t-Horse G4osenedc Trailer 1 ~~~ E ull ent r Su rota!: Morse (Ace 1 Horse Joker 1 ~~~ Horse Justin 1 520 888 5098 p.2 EXHf$IT A Regular Council Meeting -April 7, 2009 -Page 53 of 116 ~r ~~,~*~ ~"` 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COiJNCIL CHAMBERS, Apri17, 2009, 7:00:00 PM To: Mayor and Council From: Item C 9 Strategic Plan Focus Area: Not Applicable Subject: Minutes of the March 17, 2009 regular council meeting and the March 24, 2009 special council meeting Discussion: ATTACHMENTS: Name: Description: Type: ~ 03-17-09_Dra_fi__Mnutes,pdf 03-1?-2009 Special Meeting Minutes Backup Material ^ 03-24-09 Special Draft Mnute_.s,pdf 03-24-2009 Special Meeting Minutes Backup Material Staff Recommendation: Suggested Motion: Regular Council Meeting -April 7, 2009 -Page 54 of 116 ~~~~A ~~: tKfM8~ doY tMAkX44 REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, March 17, 2009, at or after 7:~0 PM Ed Honea, Mayor Herb Kai, Vice Mayor Russell Clanagan, Council l~lemh~r Patti Comerford, Council Mcmbcr Carol McGorray, Council I~~iember Jon Post, Council 1\lcmbcr Roxanne Ziegler; Council N9ember ~~ REGULAR MEETING CALL TO ORDER AND ROLL CAL L All Council Members were present. PLEDGE OF ALLEGIANCI:,'INVOCATiONi1~~1OMENT OF SILENCE APPROVAL OF AGL N D:1 Motion by Council ~lefnhc~r ;11cG~rray, second b~• Council Member Comerford. Passed unanimou.clt•. CALL TO THE PUBLIC Harry Christman, Ccm m u n i t ~ C h ri ti t i an Church, spoke in support of Founders' Day and noted that their church ~~ould he available for public parking. Doug Mc1'ic, 4420 W. Cortaro Farms Road, addressed Council regarding the way the referendum process was handled for Sky Ranch, and Willow Ridge with a special emergency clause axul then the DeAnza referendum. Tracy Chamberlain. I ?~50 N. Thornydale Road, spoke in regard to the Saguaro Ranch bankruptcy filing rehtive to the town. Council Member Ziegler directed Frank Cassidy to look into the matter and report back to the Council PRESENTATIONS ANNOUNCEMENTS/UPDATES PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Regular Council Meeting -April 7, 2009 -Page 55 of 116 Council Member Clanagan introduced Julie Prince and Glenn Pfleiderer as the town's representatives on the Tucson-Pima County Bicycle Advisory Committee, the subject of Item C 1. Mayor Honea announced that he and Deb Thalasitis had dinner on an antique train courtesy of Southern pacific Railroad. He noted that double tracking has slowed down due to the economy but that they were moving forward. He also noted a correction to misinformation about the Marana Health Center building next to the Marana Municipal Complex. Mayor Honea met with John Ayres regarding the Marana cemetery. They hope to begin moving ground within the next two to three months. He also met with Bob Burns, Arizona Senate President and Mayor Walkup. The state is in big trouble -next year's cuts will be double what this year's cuts will be. Senator Burns is pushing to get the $17 million out of revenue sharing. The Mayor and Counri I MemUers McGorray and Ziegler attended the ribbon cutting at the Steak Out restaurant at Tangerine Crossing on Saturday, March 14. He also went to First Things First at Pima C'ol lege, funding for youth and youth advisors for 0-5 years old. There is ~ 1 ~ n~llion funding this year, part of which is coming to Marana for Yoem Pueblo to help at-risk children get a better start in life. MANAGER'S REPORT: SUMMARY OF CURRENT F ~'EN~'S Gilbert Davidson noted that the Council Executive Report has been submitted as part of the record tonight. Mr. Davidson mentioned there will be a ribbon cutting for the new Silverbell Road and ground-breaking t~>r the SilverbelUCorrrro District Park on Friday, Apri13 at L0:00 a.m. on the south side of ~~'heeler Taft :~hbeu, Sr. Library. TOWN REPORTS GENERAL ORDER OF BUSINESS CONSENT AGENI~ ~ Motion by Carn~crl alcarber Pest, second h~, Cauncil Member Comerford. Passed unanimou,cl.,y~. C la Resolution No. 2Uf)9-~~: Relating to Boards, Commissions and Committees; approving the appointment of .lulie Prince as the Town of Marana's representative and Glenn Pfleiderer as the Town of Marana's alternate representative to the Tucson-Pima County Bieyelc r'~dr~is~rv Committee C 2: Resolution N~~. ?~U9-29: Relating to Community Development; approving and authorizing full execution of a Grant Agreement with the City of Tucson for Federal Transit Administration Funding under the Job Access/Reverse Commute Program (FTA Grant AZ-37-X009-00) C 3: Resolution No. 2009-30: Relating to Community Development; granting in-kind services paid through Discretionary Funding to Perimeter Bicycling Association of America, Inc. an Arizona 501 (c)(3) non-profit organization to support the Tour of the Tucson Mountains Bicycling Event held Apri126, 2009 in the Town of Marana Regular Council Meeting -April 7, 2009 -Page 56 of 116 C 4: Resolution No. 2009-31: Relating to Utilities; authorizing the Utilities Director to submit all paperwork and take all actions necessary to move the Town's water utility from the Arizona Department of Water Resources gallons per capita per day program to the non-per capita conservation program C 5: Minutes of the February 24, 2009 special council meeting, March 3, 2009 regular council meeting, and October 10, 2006 special council meeting COUNCIL ACTION A 1: Resolution No. 2009-32: Relating to Elections; declaring and adopting the results of the primary election held on March 10, 2009 Presented by Ms. Bronson with a request for approval of the canvass: Motion to approve by Council Member McGorray. Prior to a second to the rote, Jim March, on behalf of consumer protection for elections, addressed Council regarding his attempt to observe the closing of the polls at the March 10 election and the secret counting of the votes. He noted his disagreement with the way the elution; are handled in Pima County and his displeasure with the Elections Director, 13raci Nels~m, whom he believed had erroneously advised Ms. Bronson on the conduct of elutions. Council Member Post expressed an issue he had during Election Day regardim~ his piling location relative to his residence. Mr. Davidson commented that after thi; election cycle a Study Session should be held to discuss the process and how to make it better for all involved. Motion was seconded by Council Member Pa~~t, the Council votc~rl rrrrrr~tijnously to approve the official canvass of the vote. A 2: Resolution No. 209-33: Relating to Elections; certifying facts regarding automatic recount of the March l 0. ?U09 Town of Mar<ma primary election to the Pima County Superior Court, ai~thc~ri~in~~ the filing of a petition in Superior Court; and declaring an emergency Presented by n'Er. C'assid~~ on behalf of Cedric F-lay. Mr. Cassidy noted the circumstances that required an automatic recount of the election results on March 10, 2009, chin; both state statute and to~~°n code. Mr. March again addressed Council on this ite~~ and noted the state requirement for conducting a recount. He again criticized the election process in Pima Cowity~ wider the direction of Brad Nelson and offered his services to assist in creatin~~ transparency in government regarding elections. Motion by Coujrci!I .Member McGorray, second by Vice Mayor Kai. * Due to the emergency clause, a roll roll vote was requireaL Passed unanimously. A 3: Resolution Nu. 2009-34: Relating to the Police Department; approving and authorizing the Mayor to execute an Amendment to the Memorandum of Understanding between the Town of Marana and the Marana Police Officers' Association; and declaring an emergency Presented by Ms. Machain who described discussions regarding the Memorandum of Understanding. which began January 28 and concluded February 18. She noted that discussions were positive, professional and very productive. She then summarized the MOU amendment. Savings to the town as a result of the amendment will result in a net savings of $86,480 and a savings for FY 2010 in the amount of $392,345. Jason Cann, president of the MPOA, addressed Council, and also thanked the negotiating team. Regular Council Meeting -April 7, 2009 -Page 57 of 116 Council Members Ziegler and Comerford thanked Officer Cann for his leadership along with that of Chief Tometich and asked that he extend their thanks to the officers. Motion by Council Member Ziegler, second by Council Member Clanagan. Due to the emergency clause, a roll call vote was required Passed unanimously. A 4: Resolution No. 2009-35: Relating to Public Works; authorizing the Mayor to execute all documents necessary to facilitate the funding of the $15,000,000 LGIP account with the State Treasurer's office as required by Paragraph II (2)(k)(i) of the August 1, 2007 Intergovernmental Agreement between the State of Arizona and the Town of Marana for the I-10 Traffic Interchange at Twin Peaks; and declaring an emergency Mr. Cassidy presented this item and noted that it was added late to address the delay in the awarding of the Twin Peaks traffic interchange project and summarized the content of the resolution. He noted that with this resolution, staff i f tr_vi ng to gi ~-e the Mayor and the Manager authority to take the steps necessary to get $ ] ~ M deposited to the State Treasurer's Local Government Investment Pool (LGI I'> account that can be drawn on by ADOT. We thought we had an understanding ~~,~ith the RT!~. that they were going to go ahead and put their funding into the LGIP ac~otu~t by Friday morning, which dial not occur, and so RTA believes an amendment is necessary to the EGA, and this resolution authorizes the Mayor to execute an amendment to that technical language in the RTA IGA which is allowed to direct money, or if that is not able to be accomplished, to allow the Mayor and Manager to get other gap or bridge financin~~ to ~~et the $15 million account to get the project done. The RTn is committed to putting over $30 million into this project and they've put in $5 million, so it's just the »>auner in which it's accounted for that there's disagreement about. This method would allow staff to work this out without having to come hack to Council. The other alternative would be to figure out how to put it together, set up an cniergency meeting and bring it back to Council We felt that we wanted to hrin~~ this to you as soon as sooi.i as possible, to bring this to you as soon as possible. This has been the most important public works project before the town in some time anti ti~~e felt it ~~~as important to get it awarded as soon as possible. Mr. Ua~idson added that in terms of process, there is a meeting set up with RTA staff tomorro~~~ to come up with some options and move this forward. If not, as Mr. Cassidy stated, we'll come back to Cc,uilcil of where we are in that process. Council Member 7iegler stated that after doing her homework she requested that Mr. Davidson report back to Council after the meeting on Wednesday. She isn't going to commit the Town to ~ 15 million on a verbal agreement. Mr. Davidson responded that the town's total obligation for this project is $14 million, so even if the town had that money, there would still be a gap in the funding, so no matter what, staff needs to sit with RTA and work out what that process is going to be. The town has already spent almost its entire contribution through design, right of way acquisitions and studies required for a major capital project like this. The only piece remaining are federal and ADOT funds and the bulk of the funds of $30.725 million from RTA. Regular Council Meeting -April 7, 2009 -Page 58 of 116 Council Member Ziegler again requested that the item be brought back to Council even if it requires an emergency or special meeting to make the decision if the staff is not successful at the Wednesday meeting. Motion by Vice Mayor, Kai, second by Council Member Comerford. Due to the emergency clause, a roll call vote was required. Council Member Ziegler asked if she voted `aye' does that also mean that they have to come back. Mr. Cassidy responded that it did not. Mr. Davidson noted that what the authority gives is that the Mayor would be able to proceed as stated in the documents. However, he again stated that his commitment to the Council and the community was to fully report whatever solution is come up with. Upon that statement, Council Member Ziegler rated `aye.' Passed unanimously. ' *Mr. Cassidy noted that on Item A2, there was an emer~renc•}• rlarr.tin that required a roll call vote which was not done. He asked to have a roll ctrl! vote ut this time. BOARDS, COMMISSIONS AND COMMITTEE'S ITEM5 FOR DISCUSSION/POSSIBLE ACTION D 1: Lel;islative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature Mr. Huffman reported that there was on issue of imports n ce c un 1 i ng up regarding the state has almost a $400 million hole in this year's bud~rct brf-urn moving into the 2010 budget. This week there was a bill introduced to take out the,amendment relating to revenue sharing. The hope is to fill the gap with stimulus money. The bill was for $17.9 million - Marana's share would have been $100,000. Its an issue staff is continuing to monitor and work ~~ ith the League. There should re information available on this item this week or early neat week. EXECUTI~'C SESSIONS E 1: Executive Session Prtrsuant 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 5esslon pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), discussion or consultation for leg~d 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)(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 Regular Council Meeting -April 7, 2009 -Page 59 of 116 FUTURE AGENDA ITEMS ADJOURNMENT Motion by Council Member Post, second by Council Member Comerford. Passed unanimously. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town , Council meeting held on March 17, 2009. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk Regular Council Meeting -April 7, 2009 -Page 60 of 116 """.""~ ~~ ~~ ~~ iya..gdq ~!' ip+ia?iMR. SPECIAL COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, March 24, 2009, at or after 6~0O PM Ed Honea, Mayor Herb Kai, Vice Mayor Russell Clanagan, Council l~~tember Patti Comerford, Council ~-tcmbcr Carol McGorray, Coui~eil ~leniber Jon Post, Cotmcil (\~tembcr Roxanne Ziegler,-Council 1vlculhe,- SPECIAL MEETING CALL TO ORDER AND ROLL CAL L All Council Members were present. PLEDGE OF ALLE t~ L~ N C E/INVOCAT I UN/MOMIJNT OF SILENCE APPROVAL OF AG f' N I),-~ Motion by Council :1lenrber ,t9cGorra.~~, snennd by Council Member Comerford. Passed unu~tif~rnrr.`l}~. CAi; L T O THE PUBLI C Brendon Lemieux and Ra_va T~~h~m regarding their protest of the SilverbelUCortaro District Park bid. PRESENTATIONS P 1: Presentation: Relating to Budget; discussion and direction regarding anticipated budget shortfall for fiscal year 2010 and options for budget balancing Presented by Gilbert Davidson. He will be discussing a number of different options that will be presented over the next few months in preparation of the upcoming budget. He has spoken to employees about the challenges faced regarding the budget. He noted that this is a monumental challenge that affects everyone, and that staff is in this together. Management staff is looking at every option to meet the challenges. Employees have given many comments to management in response to these meetings. He noted that Marana has been positioned very well compared to other municipalities. Conservative budgeting practices and policy direction from Council over the years has allowed this to happen. Regular Council Meeting - Apri17, 2009 -Page 61 of 116 Mr. Davidson started with budget goals, the 2010 revenue outlook which Erik Montague will be presenting, budget modification options and policy direction from Mayor and Council to management and staff. The FY 2010 budget goals are to maintain critical operations, minimize the impact to personnel, position the town for quick economic recovery and align decisions with the recently adopted strategic plan which is .the framework for the budget. He then showed Commerce as the foundation element, followed by heritage, recreation, progress and innovation and community building. Erik Montague gave a brief overview of the 2010 revenue outlook. His concentration was on the general fund, HURF and transportation fund. .~ 1~ter ?009 adjustments there is remaining in the general fund for 2010 $2.4 million - a sign i 1 icant change to the general fund. There will be $.4 million remaining for the transportation fund. Nor HURF, there will be no dollars remaining for 2010. Most of the ?009 adjustments for the general fund will be permanent adjustments. Gilbert Davidson presented budget modification options on three levels -from least to most impact on personnel and services. He started ~~ ith Lr~~el 1, increased revenues and cost savings; Leve12, operational reductions and cost a~~oidance; and Leve13, elimination or reduction of services and personnel. Level 1 could include fee schedule adjustments, hed tz~s rate adjustment, electricity savings, savings by not filling n~}n-critical positions, federal stimulus revenue, transaction privilege tax enforcement and compliance, realigning expenditures with funding, and renegotiating andlor re-bidding contracts. Council Member Clanagan asked the town charges a homeowner S40 to install a hot water heater. Mr. Davidson responded that it's part of the building code. It is a salcty purpose. Council Member Clanagan stated that he thought that purpose needed to br better known by the citizens . He then mentioned leases on harks and recreation propert_y~ in Continental Ranch -- to perhaps modify or chanac the current lease agreement. Mr. Davidson noted that there are some great opportunities t~ re-think the way the town has been doing business. Council Member Clanagan asked what dollar I:actor could be put to the Level 1 option. Mr. Davidson stated that dolhtir amounts have not been put to these items. He wanted to put the items out for discussion first. Option 1 won't solve the problems, but it will make a dent in them. Leve12 could include additional reductions in travel and training, suspending vehicle allowances, eliminating non-essential memberships, suspending salary increases, reducing hours of some services such as the swimming pool, scaling back special events such as Founders' Day, the 4th of July event, the Fall Heritage Festival and the Holiday Tree Lighting, increasing employee share of costs of benefits (health care costs will increase substantially next year, and the town is looking at how much the town covers and how much the employee covers), absorbing outside contract work with existing staff and non-personnel budget savings. Council Member Ziegler asked about the Regular Council Meeting -April 7, 2009 -Page 62 of 116 Governor's Conference, League of Cities and Towns conferences. Could they be suspended this year or could Council use their own funds? Retreats could be held at the town facilities instead of out of town or off-site. Mr. Davidson noted that he didn't include Council items in this option. Council can certainly address this as they desire. He noted that he anticipated a fall retreat to review the strategic plan. Council Member Comerford noted that perhaps the Parks & Recreation Commission could look at the events and provide recommendations to Council. Mr. Davidson agreed that involving commissions is a very good idea in looking at these issues. Mayor Honea stated that there were substantial cuts in this year's Founders' Day event and it was still a good event. Council Member Clanagan expressed some concerns regarding Founders' Day such as the caterer. He emphasized that when we have the oppoi-tunit~~ to use local Marana businesses, we should do so. He also noted that none of-the commissioners were invited to the Mayor's event, and Founders' Day is a good ~ a~~ to i nclude and acknowledge the work that they do for the town. Mr. Davidson acknowledged his comments and stated they would look into his concerns f~~r future c~~ents. There is an impact on personnel at this level but are still able to nu~inrtin critical operations. Leve13, the. elimination or reduction of services and hcrsonncl. This is an emergency scenario to allow the town to move forward when the ecun~my~improves. Mechanisms will be discussed in more detail later. F,mployee pay reductions, elimination of services or programs, voluntary or involuntary redaction in operating hours/employee furloughs, employees pay full cost of benefits, use of a portion of the: transportation sales tax for general fund use, use of a portion of reservrs. or~~~inizatiuna I r-e~tructuring and achieving efficiencies in the management structure ~~°ould a.ll be te.aturcd. at this level. Council Member Clanagan c~tnnlented on staff re tructuring, and noted his support and encouragement for w h a to ~ ~ r d i ff i rult measm es need to be taken. Council Member Ziegler thanked C; i 1 pert and his s t a ff for putting so much energy into this presentation. She wanted to propc>sc something to Cot-ncil that the police department started last week by foregoing their raise; i~,r 20U~)-?U 10. Shc,f~lt that was a great show of leadership and sacrifice nn th~.ir part. She sup>ccstrd that Council forego their raises in July for a year and asked if the Com~cil ~~~ould consider that. Mr. Davidson noted that c~ cn the Level 3 impact on budget goals will allow for maintenance of critical operatiuns. Council Member Post asked when dollar amounts would be put on the lists. hlr. Davidson noted that many items require much more analysis and thought. Ile rioted that as much emphasis as possible will be put on Level 1 and Leve12 options and then Leve13 as necessary. Deb Thalasitis presented on the Level 3 tools: worker recession assignment program (WRAP). She noted the reductions they had already started working on this last year. In July there was some restructuring and then October, December and February more restructuring was done. She will be preparing what can be achieved at each level and present to Council. Mitigating the layoffs will be done through the use of existing employees where there is more of a workload. Some reassignments could be voluntary or they could be directed. She gave examples using building inspectors. Some of the work could be at a pay rate lower than what they are currently making, but the employee Regular Council Meeting -April 7, 2009 -Page 63 of 116 would still have a job. She also talked. about early retirement incentives (ERI). There could also be an employee reduction program (ERP) for voluntary or involuntary reductions (layoffs). There are some strategies to mitigate options that wouldn't affect retirement benefits in the future. The goal is to have a menu of options for employees. to look at if we get to Leve13. There is a fourth option related to outside agency discretionary funding - a policy for dealing with discretionary funding. She asked for feedback before they move forward. Gilbert Davidson presented a summary of the impacts for each of the levels, noting that his goal is to maximize Levels 1 and 2 as much as possible before elevating to Leve13. The next steps will be prioritizing Leve13 options, getting authorization to develop Level 3 tools, and preparation of the FY 2010 budget based on Lei e 1 ]and Leve12 options. Leve13 will only be used to balance the budget. He then went to the Leve13 options slide and noted opportunities for adjustments: personnel, organizational restructuring, using rainy day funds and using a rortion of the transportation sales tax. Council Member Post asked about ,roving pay raises from Leve12 to Level 1. Council Member Ziegler asked for clarification. Mr. Davidson said that the expectation is already out there that there won't he pay raises next year. Council Member Comerford commented that it°s really hard to make. these decisions without dollar amounts in front of them. It's a great opportunity for us to take a serious look at our organization and see what's necessary and what's not. It's hard for her personally to establish importance witho~~t dollar amounts. `1 r. Davidson acknowledged her point and said that it's a critical point for everyone. l.lc uidicated that the team is asking what is the gap and how do yon ~ol~~e a $?.4 million gap. The finance team is going through all of the budget recommendations by each department and that will close part of the gap. The items laid out for Leve[ I and Leve] ~ will help it even further. Regarding the reserves, there are opportunitic; to use a little hit of the reserves without impacting the town long term. He's ~~~ei~,ing tht mixture of elements for the long term. Council Member Clan aga n noted that the e ~ cn t ~ o f t h e last couple of weeks regarding the Twin Peaks intetchange show how important keeping the reserve fund viable. He emphasized his support and trust for Mr. Davidson and his staff in moving the options forward to the overall benclit of the staff and citizens. He also stated his belief in taking any topics off the table until there is resolution. Mr. Davidson noted that as a team, the challenges of dealing with people's liveti will be done with caution and keeping the vision and long range goals in mind. } (c asked if there was any issue with giving authorization for the Leve13 tools. Council Member Ziegler asked about early retirement incentives -how would that be handled? She also reiterated not discounting the rainy day fund if it provides a means, in a small amount, of not having to move to Leve13 options. Mayor Honea agreed with the comments of both Council Members Clanagan and Ziegler. The greatest asset we have to give to citizens is not the buildings, but the employees who work for the town. Vice Mayor Kai asked about generating our own power for a savings in electrical and other energy savings. Regular Council Meeting -April 7, 2009 -Page 64 of 116 Mr. Davidson thanked Erik Montague, Suzanne Machain, Deb Thalasitis, Josh Wright and Jane Fairall for working on the options that were presented. He thanked Council for their time and feedback. ANNOUNCEMENTS/UPDATES PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Comerford thanked the Parks & Recreation staff for a good Founders' Day event. MANAGER'S REPORT: SUMMARY OF CURRENT E~"ENTS Mr. Davidson reported on a Twin Peaks update with re~arci to funding. A meeting has been set with RTA and ADOT on March 30. The town has heei~ able to make sure the money is there and ready to go. TOWN REPORTS GENERAL ORDER OF B U SiNESS CONSENT AGENDA COUNCIL ACTION BOARDS, COMT11 SS 1O>V' S .~ ND COMMI'T'TEES ITEMS FORDISC~!SSInN/POS~TBLE :1CTlON EXECLTTL~'l, SESSf OI\ S Motiru~ h~. Council Nlefnbc r 11rGorruJ~, second by Council Member Comerford. Passed u~runimously. E 1: Executive Session pwsuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation 1'or 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)(4) and (7) to consider the Town's position and instruct its representatives regarding negotiations for the purchase of property rights needed for the Twin Peaks interchange project, CIP number 2001-44, from the parcels of property generally identified as Pima County Assessor's parcel numbers 226-15-006A, 226-15-006B, 226-15-007A, and 226-15-007B, and to instruct the Town's attorneys in settlement negotiations and contemplated condemnation proceedings relating to the same property rights . Mr. Cassidy set forth the motion to accept the condemnation settlement of $1.35 million Motion by Council Member Clanagan, second by Council Member Ziegler. Passed unanimously. Regular Council Meeting - Apri17, 2009 -Page 65 of 116 FUTURE AGENDA ITEMS Council Member Post asked for a review and report on the allegations presented during Call to the Public regarding the bid on the Silverbell/Cortaro District Park. It was noted that this doesn't have to come back as an agenda item, but the Council would like a report from staff. Council Members Clanagan and McGorray concurred. ADJOURNMENT Motion by Council Member McGorray, second by Vice Mayor Kai. Passed unanimously. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes ~f the Marana Town Council meeting held on March 24, 2009. I further certi f y that a quo~l~m was present. Jocelyn C. Bronson, Town Clerk Regular Council Meeting -April 7, 2009 -Page 66 of 116 ~"~ ~, ~. »~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, Apri17, 2009, 7:00:00 PM To: Mayor and Council From: Kevin Kish ,Planning Director Strategic Plan Focus Area: Not Applicable Item A 1 Subject: PUBLIC HEARING: Ordinance No. 2008.26: Relating to Development; approving and authorizing a rezoning for Marana Mercantile Discussion: The applicant, Diversified Partners Development Company, LLC, has requested that this public hearing be continued to the Town Council meeting of May 5, 2009. ATTACHMENTS: Naza~e: ~ Marana Mercantile Rezone Continuance_Ltr,pdf ^ PCZ-08013 Marana Mercantile_Rezone,pdf O Marana Mercantile Rezone Applicaiton.~df Staff Recommendation: Description: Marana Mercantile Rezone Continuance Ltr Marana MBrGantiie ReZ(7rie t_OCation Map Marana Mercantile Rezone Application rI'ype: Backup Material Backup Material Backup Material Suggested Motion: I move to continue the public hearing for the Marana Mercantile Rezone, Ordinance No. 2008.26 to May 5, 2009. Regular Council Meeting -April 7, 2009 -Page 67 of 116 "1 s}i'. t7 t #st it ~X 1/f'f ~`i 3~~( ~l ._~~'~~ '~~€' . FCC- Y... ~~. ~~~, .. L _ _ii ~.1 ~~.. L.J ~'~ ~ 3:. ~.~~.~~1(~a 7~-,+~,~(.~s~ _ 1~ Fr' ~,~~~ ,,~ ~ ~ ,a a .. ~~: s'~ ,~Gh'~ ~ ~ ~ ~~~, _~~~ ' . _. '~ ~~a(`~YI~C iP`i~t;;Ct""('Ic;1C„=1, iF'iC ~' ~, - ~° w.. ~, ..~p . tee. ,. im1;1C~~~ ~e ~L~d ~~ ~ Regular Council Meeting -April 7, 2009 -Page 68 of 116 n ~~ -~ l Marana Mercantile Rezone CASE PCZ-08013 'Tillages of Tortolita Specific Plan Area a .~ r!~ V'J SP.~~EE.F;U5H RC ~ ~~ o Subject Prope rty z a z S L an ucas Uptown at Marana Spec fic Plan Area ~~ ~ S ~ „y am c . ~~'~.~, ~ ~-~~ r.t ~ F~ raa F _~ Circle K r•~'" ~~llarana Chevron 0 ~~ s <Y ~~~ W GR1ER f;L? Request o zoo yaoon. A request for approval to rezone a 39.09 acre parcel from R-144 (Residential - 144,000 square foot minimum lot. size) & HI (Heavy Industrial) to VC (Village Commercial). Data Disclaimer: The Town of Marana provides this map information 'As Is' at the re9uest of the user with the understanding 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 ;~,,`~,.,,.~ Tf~«fiT OF VTAItAItA Planning Deiaattinaeiat Z 85b53 ` . Civic Ce~~t~r fir. Marana A 11555 ~~d w.,~~ j °\ '"; ~;.,,~:, (520) ~~i2-2600 Fax; (520} 3gi2-263? PLA3~~hING & I1()"Vl:~`G ~PPLIC':~TI()N 1. TYI'T t3~' AI'3?'LICATI©iY fe~k Use) a Preliminary Plat a General Plaxi A7nzndn~ent a Vat-iaitce hiaaal Plat o Specific Plan Arnendnaent ~ Conditional tJse Pernait o I}evelotanacist PI<rn ~ I2~eranefSpecilic--Plan a Othzr . o Lauds~pe Plan a Significant Land X54 Change o Native Plant Pt~rtaait o i~tinor Land Division 2, t 1 ~1~:12-~I, llA"1~:~ i Zt?(1[ 1k1~,D ~ Assessor's Parcel Nznnber(s~ ~~.,..~~,.._ 217-25-Ot32S Crenerai Plata I)esignatian !~'o~~c~~~~~n~~~bystat~t'a titan Center Planni~ x . t,ross Area (t~cre,'Sq. Ft.) ~ ~ . C} c'iCTeS Cut~rer~t ~.,vnz~~g ~Tcti be coflfierticd by staffl -1~}4 and ~~ Develo nacnflPro'ect Name p 1' Proposed Zoning ( arana Mercantile Pezone ____ , Project Location N. of Marana Rd., t~. of I-10 Frontage Rd., ~ o~ Uza to~an at Mari Descziption of Project 271 125 SF Commercial Stetail Property Owner Diversified Partners Development Com an Street Address 5b35 I3 Scott sdale Raad Suite 150 Cite _ State Zip Cade Phone hiutnber FZx Number E-Matt Addissss elizal7eth ~ Scottsdale AZ, 85250 480-947-$800 480947--8$30 -------_______~_ _~_._ d cr~.ct3tta Contact Person ~"" Phanc Number Li.z Gaston 480-947-88(}(} -- Applicant Same as Propert}~ Owner Strut Address CitS State lip Code Plro~ae Ntcn~ber i~axNu ~b€r P-~lai1 Address Contact Pers+~n _ Phanc Nu1u~r AgentlRepresentatir~e 'The Planning Center Street Address 110 South Church Avenues Suite b' 20 City State 7.,ip Cade P'#ion~ Number l:ax thttsr~t~~r ~ olral d~ r ~s Tucson ~ A~ 85701 520~b23--6146 20-622--195(3 ~ az tannin center. Contact Person Town of ~~Sarana ~ Linda Morales I~uszales~i.i~ensehto. 1026~1~_ 3, AU'T'}It ~1~iZA°I'iC1'~t~h' ~I~~f'~R`l"i' C3'~~~~P~~I: ccxtify thhat all of the "acts set forth in this application are tiuo tb the best of nay knoulul~ ned the ~a~7dersi 1 u d t gat i airy e.ithcr the , g , a~4:ner of the prr~perty or that ]have been authorized in cvritiia~ by the o~~ner to file dais application andehr~ kt~st. {If not oFVner o'f eeco~-d, z~ltaelt written author3zaH~n franx the owner.} ~.._.~._ - ~ -.~ ~ ~ ~~.,~ I3 I a u~ .~. ~,,. -.p-- --- ~.ASHARLI~ FILES1Rev'se«; Chectclst~Application.doe M~sv 20015 Regular Council Meeting -April 7, 2009 -Page 70 of 116 ree om „'~~~~ ~~~ ~x~ ~.~~~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, Apri17, 2009, 7:00:00 PM To: Mayor and Council Item A 2 From: Gary Hudman ,Technology Services Director Strategic Plan Focus Area: Progress and Innovation Strategic Plan Focus Area -Additional Information: Approval of this item assures the Town and its residents continuous access to information technology services. Subject: Resolution No. 2009-44: Relating to Technology Services; approving and authorizing the Mayor to execute a lease agreement with Simply Bits LLC to continue using Town of Marana communication towers for wide area network services; approving and authorizing the Marana Technology Services Director to execute a memorandum of understanding with Simply Bits LLC to extend existing Internet and technology services agreements until a new procurement process for these services has been completed; and establishing an effective date Discussion: In October 2002, the Town of Marana entered into an agreement with Broadband Laboratories to provide wireless networking services for Town facilities and Marana residents. The agreement provided for the Town to purchase equipment and for Broadband Labs to provide maintenance and management services at no cost in exchange for the right to use equipment for commercial use. Since 2002, a number of changes have occurred: -- Much of the original equipment has failed, and the extended warranties on the remaining equipment expired on March 31, 2009 -- Broadband Labs was purchased by Simply Bits, LLC -- The original agreement was modified so that the Town pays additional warranties and service payments to Simply Bits for their equipment installed on Marana towers -- The Town entered into service agreements with a separate contractor, WJM, to provide certain operation and maintenance services -- Simply Bits was a subcontractor to WJM from 2005 to 2008, and assumed. responsibility for all WJM contracts in July 2008 -- All current service contracts expired on March 31, 2009, and Simply Bits is continuing to provide service in a "holdover" capacity Regular Council Meeting -April 7, 2009 -Page 71 of 116 This resolution would approve and authorize the execution of two separate agreements by Simply Bits -- aTower Lease Agreement and a Memorandum of Understanding. The Tower Lease Agreement Approval of this resolution will authorize the Mayor to execute a Tower Lease Agreement authorizing Simply Bits to continue using the Town's towers at the MOC and MMC (next to the Parks building) for internet services used by the Town and other Simply Bits customers. The Tower Lease Agreement will allow Simply Bits to continue using the Town's towers even if it is not awarded the contract for internet and information technology services, operations and maintenance, as a result of the upcoming procurement process. The Tower Lease Agreement will give Simply Bits a right to remain on the Town's towers for up to 20 years (a five-year initial term, with three five-year extensions). This will allow Simply Bits to continue the operations for existing and future customers, subject to certain limitations to assure that its facilities do not interfere with the Town's current and anticipated communications needs. The Memorandum of Understandine Approval of this resolution will also authorize the Technology Services Director to execute a Memorandum of Understanding with Simply Bits to extend existing internet services until June 30, 2009, or thereafter on a month-to-month basis, until the Town can complete a procurement process for the provision of internet and information technology services, operations and maintenance. Because this resolution does not establish. new policy, but rather simply extends and clarifies existing rights, this resolution is administrative in nature and will therefore be immediately effective upon its adoption. The two agreements will be retroactively effective as of April 1, to address the holdover period. Financial Impact: The Town expects to receive $505 per month for the period of the Tower lease, if the existing equipment remains on the towers. The rent automatically increases or decreases depending upon whether equipment is added to or removed from the towers. The Town will continue to pay existing monthly fees for internet and information services, operations and maintenance until completion of the new procurement process for these services. ATTACHMENTS: Name: Desc~°iptio Type: ^ Reso 2009-44 re._Simpiy Bits Resa approving tower lease and MC?U Resolution {(~fl(7 ~ 3966.~..D...OC ^ EXA-S.mplyBits Tawer Lease Agreement (00613742- Exh A to Reso: Tower Site Lease Exhibit ~~~. ^ SimplyBits_T'awe_.r.Legse Ac,~reement_Exhibit 1 (00013902- i=xh 1 to Site Lease: MMC Site i3escription Exhibit 2j.PDF ^ S€mpiyts Tower_Le..a...s..e Agreement Exhibit 2 (Og09 3901..,,- Exh 2 to Site Lease: MC7C Site i~escription Exhibit 2)PDF ^ EX3-SB'Ec~uigment_fo_r ' Marana 3-26-09.x1s Exh 3 to Site Lease: L €st of Equipment Exhibit ^ EX4.-SrnplyBits Memo_of Site,_Lease._(00.013903),C}OC Exh 4 to Site Lease: Memorandum of Lease Exhibit Regular Council Meeting -April 7, 2009 -Page 72 of 116 ~ EXB-Sply_8it_s_MO_ U _re Exfensio..n_of ISP Contracts Exh B fo Reso: MC)U extending contracts i=xhif7it {000 3914-2j.QtJC Staff Recommendation: Staff recommends approval of Resolution No. 2009-44. Suggested Motion: I move to approve Resolution No. 2009-44. Regular Council Meeting -April 7, 2009 -Page 73 of 116 MARANA RESOLUTION N0.2009-44 RELATING TO TECHNOLOGY SERVICES; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A LEASE AGREEMENT WITH SIMPLY BITS LLC TO CONTINUE USING TOWN OF MARANA COMMUNICATION TOWERS FOR WIDE AREA NETWORK SER- VICES; APPROVING AND AUTHORIZING THE MARANA TECHNOLOGY SERVICES DI- RECTOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH SIMPLY BITS LLC TO EXTEND EXISTING INTERNET AND TECHNOLOGY SERVICES AGREEMENTS UNTIL A NEW PROCUREMENT PROCESS FOR THESE SERVICES HAS BEEN COM- PLETED; AND ESTABLISHING AN EFFECTIVE DATE WHEREAS Simply Bits LLC currently provides internet services, operations and mainte- nance to the Town of Marana, as the successor-in-interest to contracts entered into between the Town and Broadband Laboratories and WJM, which contracts expired on March 31, 2009; and WHEREAS Simply Bits equipment is installed on Town-owned communications towers lo- cated at the Marana Municipal Complex (MMC) and the Marana Operations Center (MOC); and WHEREAS the Simply Bits equipment located on the Town's MMC and MOC towers pro- vide service not only to the Town, but also to private Simply Bits customers; and WHEREAS the Town and Simply Bits desire to enter into a Tower Lease Agreement that fa- cilitatesthe use by Simply Bits of the Town's MMC and MOC towers, independent of whether or not Simply Bits continues to provide internet services and other communications services to the Town; and WHEREAS the Town desires to extend its current internet services, operations and mainte- nance contracts with Simply Bits for a period sufficient to allow the Town to complete a competitive procurement process for these services; and WHEREAS the Mayor and Council of the Town of Marana find that the proposed Lease Agreement and the proposed Memorandum of Understanding are in the best interests of the Town and the public. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: Section 1. The Telecommunications Site Agreement between Simply Bits and Town of Marana attached to an incorporated by this reference in this resolution as Exhibit A is hereby ap- proved, and the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana. Regulq~~'~I~~~~~0~~ 7, 2009 -Page 74 of 116 _ 1 - 3/31/2009 4:39 PM FJC/kc Section 2. The Memorandum of Understanding between the Town of Marana and Simply Bits LLC attached to and incorporated by this reference in this resolution as Exhibit B is hereby ap- proved, and the Director of Marana's Technology Services Department is hereby authorized to exe- cute it for and on behalf of the Town of Marana. Section 3. The Town's Manager, Technology Services Director, and staff are hereby di- rected and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives ofthe Telecommunications Site Agreement and the Memorandum of Understanding. Section 4. This resolution is an administrative act and shall be effective immediately upon its passage, and the Communications Site Agreement and Memorandum of Understanding are effective retroactively from April 1, 2009. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 7t1i day of April, 2009. ATTEST: Mayor Ed Honea Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regulq~~~~~~~~Q~~~ 7, 2009 -Page 75 of 116 _ 2 - 3/31/2009 4:39 PM FlCilcc TELECOMMUNICATIONS SITE AGREEMENT BETWEEN SIMPLY BITS AND TOWN OF MARANA THIS TELECOMMUNICATIONS SITE AGREEMENT (this "Agreement") is dated April , 2009, by and between SILLY BITS, LLC, an Arizona limited liability company, having an office at 5225 North Sabino Canyon Road, Tucson, AZ 85750 ("Tenant") and the Town of MARANA, an Arizona municipal corporation, having an office at 11555 Wesf Civic Center Drive, Marana, AZ 85753 ("Landlord"). Tenant and Landlord are sometimes referred to collectively as the parties, any one of which is sometimes individually referred to as a party. RECITALS A. Landlord is the owner of two properties known as the Marana Municipal Complex and the Marana Operations Center, hereafter referred to as the "Properties." B. Landlord and Tenant desire to enter into this lease for Tenant space on communication towers located on the Properties (the "Towers"), as shown on the plans attached to and incorporated by this reference as Exhibit 1 (Marana Municipal Complex) and Exhibit 2 (Marana Operations Center) (the particular leased locations as so identified being collectively referred to in this Agreement as the "Sites," and individually referred to as the "MMC Site" and the "MOC Site" respectively). NOW THEREFORE, in consideration of the covenants and agreements hereinafter set forth to be performed by the parties, it is agreed by and between Landlord and Tenant as follows: AGREEMENT 1. LEASE AND USE. Landlord hereby leases to Tenant, its successors and assigns, the Sites, which will be used by Tenant for the purpose of operating, maintaining and repairing the existing equipment described particularly on Exhibit 3 attached to and incorporated in this Agreement by this reference, and the following (all of which is collectively referred to as the "Tenant Equipment"): a. At the MMC Site, the Tenant may add up to two point-to-point backhaul links (hereinafter "P-P Links"). b. At the MOC Site, Tenant may remove its routers and firewalls from Landlord's rack space. c. At the MOC Site, Tenant may remove one of its three P-P Links. d. At the MOC Site, Tenant may add up to two P-P Links, with antennas or dishes directed toward Northwest Fire District Station 37 and Beacon Hill, respectively, each of which shall not exceed four feet in length or diameter. e. Tenant may replace Tenant Equipment with equipment that the Town, acting through the Marana Technology Services Department, agrees takes up substantially the same amount of space, uses substantially the same amount of {00013742.DOC / 2} -1- Regular Council Meeting -April 7, 2009 -Page 76 of 116 EXHIBIT A electricity, and uses the identical frequencies. The Marana Technology Services Department shall respond to Tenant's request to replace or add equipment within ten days. f. Any change in Tenant Equipment located on the Sites other than what is described in paragraphs a through d above shall require an amendment to this Agreement. 2. TERM. The term of this Agreement shall be five years (the "Initial Term"), beginning on the date hereof (the "Commencement Date"), subject to extension or earlier termination in accordance with the provisions hereof. This Agreement will be automatically renewed for three additional terms (each a "Renewal Term") of five years each, unless Tenant provides Landlord with notice of Tenant's intention not to renew not less than 90 days prior to the expiration of the Initial Term or any Renewal Term. Anything in the foregoing notwithstanding, the Tenant may terminated this Agreement at any time if any of the following occurs: (a) Tenant is unable to obtain or maintain any license, permit or other approval necessary for the operation of the Tenant Equipment; or (b) if Tenant is unable to occupy and utilize the Sites due to an action of the FCC, including without limitation, a tack back of channels or change in frequencies; or (c) if any environmental report for the Property reveals the presence of any Hazardous Material after the Commencement Date. Anything in the foregoing notwithstanding, the Tenant may terminated this Agreement for its convenience and without cause upon six months' notice to Landlord, provided that Tenant's termination does not affect communication services provided to Landlord. 3. RENT. Tenant shall pay to Landlord in advance a monthly rent of $350 per month for the period April 1, 2009 through September 30, 2009. Thereafter, Tenant shall pay to Landlord in advance a monthly rent in the amount set forth in the table below (the "Base Rent") for the remainder of the "Initial Term," calculated based on the Tenant Equipment actually in place on the Sites as of the first day of the month for which rent is being paid. The Base Rent shall be payable on the first of the month, with no proration for partial months. At the beginning of each five year renewal term, the Base Rent shall increase over the previous five year base rate by 15%. Rent includes the use of electricity. Tenant shall pay Landlord Rent as follows: Sites Initial Term Base Monthl Rent MMC Site, with no change of $175 Tenant E uipment MMC Site, each additional P-P $35 Link (see I.a MOC Site, with existing $330 Tenant Equi ment MOC Site, removing routers $280 and firewalls (see l.b) MOC Site, removing routers $245 and firewalls, and removing one P-P Link (see ¶¶ l.b and c) MOC Site, each additional P-P $35 {00013742.DOC / 2} -2- RegularCouncil Meeting -April 7, 2009 -Page 77 of 116 EXHIBIT A Link (see ¶l.d) Landlord shall have the right to survey the electric consumption of the Tenant Equipment and if any such survey discloses that the average electric consumption of the Tenant Equipment is greater than $30 per month per site, then such amount shall thereafter be adjusted to reflect current consumption. 4. MAINTENANCE. OPERATION AND REPAIIZ OF TENANT EQUIPMENT. a. Landlord shall provide to Tenant the existing space on the Sites, and access to the Sites in substantially the same manner as the Tenant currently has space and access, and all existing wiring, cabling and electrical fees to operate the Tenant Equipment. Tenant shall be permitted to enter the Sites as Tenant reasonably determines is reasonably necessary to operate, maintain and repair the Tenant Equipment and to provide any contracted services to Landlord and other Tenant customers. b. Prior to replacing or modifying Tenant Equipment or improvements not located on the Sites on the Commencement Date, Tenant shall give Landlord a reasonably detailed drawing or written description thereof and shall not proceed without the prior approval of Landlord, acting through the Marana Technology Services Director, as provided in this Agreement. c. All operations, maintenance, repairs and replacement of the Tenant Equipment shall be performed at Tenant's sole cost and expense, in a good and workmanlike manner, onlyafter obtaining any permits required by law, in compliance with all applicable laws and in a manner designed to minimize any interference with the operation of the Towers and the Landlord's operations. Tenant shall, at its sole cost and expense repair or refinish any surface of the Site that is damaged by or during the installation or operation of the Tenant Equipment and caused by Tenant or any of its agents, representatives, employees, contractors, subcontractors, or invitees. If Tenant fails to repair or refinish any such damage, Landlord may, in its sole discretion, repair or refinish such damage and Tenant shall reimburse Landlord of all reasonable costs and expenses incurred in such repair or refinishing, provided, however, that Landlord shall give Tenant ten days written notice before taking any action to repair or refinish damage. d. Upon or within 90 days after the expiration or termination of this Agreement, Tenant shall remove from the Tower and or Towers all of the Tenant Equipment and other personal property of Tenant located in the Tower and or Towers; except that Tenant shall leave any conduits, risers, wiring, cabling and. similar installations located in walls, ceilings, floors, risers, conduits and similar elements in its then "as is" condition and properly labeled at both ends and shall remove all other Tenant Equipment. Tenant shall repair all damage caused by such removal and restore the affected portions of the Tower and or Towers to the extent practicable to at least the condition existing prior to the installation thereof, ordinary wear and tear excepted. Any Tenant Equipment not removed within such 90 day period shall be deemed abandoned and may be disposed of by Landlord, at Tenant's reasonable expense, without recourse or {00013742.DOC / 2} -3- Regular Council Meeting -April 7, 2009 -Page 78 of 116 EXHIBIT A liability. The provisions of this Paragraph shall not serve as permission for Tenant to hold over, nor serve to extend the term of this Agreement. Tenant's obligations under this Paragraph shall survive the expiration or earlier termination of this Agreement. e. Tenant understands and agrees that the structural integrity of the load bearing capability of the Towers is of critical importance to Landlord. Tenant shall provide specifications and plans sufficient to allow Landlord to determine whether these concerns are protected, and Tenant agrees and commits that the actual installation of the Tenant Equipment shall be in accordance with those specifications. f. Tenant, through its designated and approved employees and contractors, shall be solely responsible for the maintenance and care of the Tenant Equipment and connecting equipment and shall maintain the same in a clean, sanitary and safe condition and in good repair and free of any defects at all times during this Agreement. g. Tenant shall label and identify all Tenant Equipment with Tenant's name and telephone number. 5. ACCESS. Subject to the reasonable Building Rules and Regulations (hereinafter defined) from time to time in effect in the Buildings (including Landlord's reasonable restrictions to ensure security and privacy in the Buildings), Landlord agrees that Tenant and its employees, contractors, subcontractors, agents and representatives shall have access to the Towers, the Sites, and the Tenant Equipment 24 hours a day, 365 days a year. As used herein, "Building Rules and Regulations" shall mean the reasonable security, access, construction, operational, technical, sales, advertising, marketing, service and similar policies, standards, and guidelines (including requirements relating to contractor qualifications, procedures and insurance), as may be promulgated by the management of Buildings, as such Building Rules and Regulations may be reasonably modified from time to time, which Building Rules and Regulations shall be uniformly enforced against all tenants, building contractors and telecommunications service Tenants in a nondiscriminatory manner. 6. VEHICULAR INGRESS AND EGRESS. Landlord grants to Tenant, and Tenant's agents, employees and contractors, anon-exclusive right and easement for pedestrian and vehicular ingress and. egress across the Properties as generally described in Exhibits 1 and 2. As depicted in Exhibits 1 and 2, Tenant's vehicular access is limited to areas paved with asphalt or concrete only, which Tenant acknowledges and understands do not extend directly to the Sites, but Tenant shall have full pedestrian access over the Properties from the paved areas to the Sites. Furthermore, in the event that circumstances so require, Tenant shall have vehicular access over the non-paved areas to the Sites only with the prior consent of Landlord. In such event, Tenant shall be responsible for and will promptly repair any damage caused by such access. 7. AUTHORIZED PERSONNEL LIST. For security purposes, Tenant shall provide Landlord with a list of the names of all personnel who are authorized to enter onto the Sites pursuant to this Agreement. The list shall be updated whenever a change of personnel occurs. Landlord is authorized to block entry to any personnel whose name is not on the list. This {00013742.DOC / 2} -4- Regular Council Meeting -April 7, 2009 -Page 79 of 116 EXHIBIT A Section shall be interpreted as a right, but not an obligation, of Tenant to police or restrict entry onto the Sites. 8. INSURANCE. Tenant shall carry, or cause to be carried, throughout the term of this Agreement, at its sole cost and expense, with carriers licensed to do business in the State in which the Towers are located as follows: (a) workers' compensation benefits insurance to the extent and in the amounts required by applicable governmental or quasi-governmental laws, rules, regulations and requirements (collectively, "Governmental Requirements"); and (b) bodily injury and property damage insurance with a combined single limit of at least $1,000,000 per occurrence. Tenant shall, at its sole cost and expense, procure and maintain throughout the term of this Agreement a property insurance policy insuring all of the Tenant Equipment. All proceeds of such insurance shall be used to repair, replace, or remove the Tenant Equipment in a manner consistent with the terms of this Agreement. Said insurance policies shall provide that the policy shall not be canceled, fail to be renewed or materially amended without at least 30 days written notice to the insureds. Landlord and Tenant shall include a waiver of subrogation in their respective policies of property insurance. All insurance required to be carried by Tenant herein shall be with an insurance company licensed to do business in the State in which the Building is located and rated not lower than A/X in the most recent A.M. Best Rating Guide. 9. INDEMNITY. Landlord and Tenant each shall indemnify the other against and hold the other harmless from any and all costs (including reasonable attorneys' fees) and claims of liability or loss which arises out of the ownership, use and/or occupancy of the Site by the indemnifying party. This indemnity does not apply to any claims arising from the sole negligence or intentional misconduct of the indemnified party. The indemnity obligations under this Paragraph will survive termination of this Agreement. 10. DEFAULT. If either party is in default under this Agreement for a period of (a) ten days following receipt of notice from the non-defaulting party with respect to a default that may be cured solely by the payment of money, or (b) 30 days following receipt of notice from the non-defaulting party with respect to a default that may not be cured solely by the payment of money, then, in either event, the non-defaulting party may pursue any remedies available to it against the defaulting party under applicable law, including, but not limited to, the right to terminate this Agreement. In the non-monetary default may not reasonably be cured within a 30- dayperiod, this Agreement may not be terminated if the defaulting party commences action to cure the default within such 30-day period and proceeds with due diligence to fully cure the default. 11. MISCELLANEOUS. a. Landlord covenants that at all times during the term of this Agreement, Tenant's quiet enjoyment of its rights under this Agreement shall not be disturbed so long as Tenant is not in default. b. In the event of any litigation between the parties, the prevailing party shall be entitled to reasonable attorney's fees. {00013742.DOC l2} -5- Regular Council Meeting - Apri17, 2009 -Page 80 of 116 EXHIBIT A c. .This Agreement may not be modified, nor its provisions waived, except by a writing signed by each of the parties hereto. d. Any notice, correspondence, demand or other communication, which is required or permitted by this Agreement, shall be in writing and shall be sent postage prepaid, by certified mail, return receipt requested, or by hand or overnight express delivery, receipt requested, to either party hereto at its address hereinabove set forth, or at such other address as either such party shall- have provided the other by written notice similarly given. Any notice shall be deemed given on the date. delivery is receipted or refused. e. This Agreement shall be governed by the laws of the State of Arizona. The parties agree that Pima County, Arizona shall be the venue for any litigation regarding this Agreement. f. If any term or provision of this Agreement, or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons, entities or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable. g. This Agreement embodies the entire agreement between the parties hereto with relation to the transactions contemplated hereby, and there have been and are no covenants, agreements, representations, warranties or restrictions between the parties hereto with regard thereto other than those specifically set forth herein. Each party shall, without charge, furnish the other with such documents not creating any obligations additional to those imposed by this Agreement as may reasonably be requested to fully effectuate the transactions contemplated by this Agreement. h. Landlord acknowledges that in the event of a breach of this Agreement by Landlord, Tenant shall have the right to obtain specific performance or other injunctive relief in addition to monetary damages and any other remedies permitted by law. i. The individuals executing this Agreement on behalf of Landlord and Tenant each represent that they are authorized to execute this Agreement on behalf of Landlord or Tenant, as the case may be, and at upon execution hereof this Agreement shall be binding upon Landlord or Tenant, as the case may be. j. Either party shall, within ten days after request by the other, provide an estoppel letter as to such matters as are reasonably requested. k. This Agreement is an agreement running with the land with respect to the Towers and, upon any sale or other transfer of the Towers, Landlord shall assign this Agreement to the transferee and the transferee shall assume the obligations of Landlord {00013742.DOC / 2} -6- RegularCouncil Meeting -April 7, 2009 -Page 81 of 116 EXHIBIT A under this Agreement whereupon Landlord shall have no further obligations under this Agreement from and after the date thereof. 1. Landlord and Tenant acknowledge that this document shall not be construed in favor of or against the drafter by virtue of said party being the drafter. 12. ASSIGNMENT. Tenant shall not assign, sublet or transfer this Agreement without Landlord's prior written approval; provided, however, that such approval shall not be required if such assignment, sublet or transfer: (i) is as a result or part of a merger, consolidation, other entity level transaction, or a transaction involving the sale of substantially all of Tenant's assets; (ii) has a good faith business purpose which is not designed principally to avoid the provisions of this Paragraph 10, provided, however, that such assignee, sublessee or transferee has the expertise and financial wherewithal to fulfill Tenant's obligations under this Agreement; or (iii) is to an entity that controls, is under common control with or is controlled by Tenant. 13. SUBORDINATION. This Agreement is subject to any bona fide mortgages, ground leases and all amendments and modifications thereof now or hereafter. 14. HAZARDOUS SUBSTANCES.Tenant agrees that it will not use, generate, store or dispose of any Hazardous Material (defined below) on, under, about or within the Towers in violation of any law or regulation. As used in this paragraph, "Hazardous Material" shall mean hazardous or radioactive material, polychlorinated biphenyls, friable asbestos or other hazardous or medical waste substances as defined by the Comprehensive Environmental Response, Compensation and Liability Act, as amended, or by any. other federal, state or local law, statute, rule, regulation or order concerning environmental matters. This paragraph shall survive the termination of this Agreement. 15. TAXES. During the term and any extension hereof, Tenant shall be responsible for the declaration and payment of any applicable taxes or assessments against the personal property owned by Tenant located in the Towers. Tenant agrees, upon Landlord's request, to provide Landlord with timely evidence satisfactory to Landlord that all taxes due and payable for Tenant's property have been paid. 16. RECORDING. This Agreement shall not be recorded. However, Lessor agrees to execute and deliver to Lessee a Memorandum of Lease in the form attached to and incorporated by this reference in this Agreement as Exhibit 4 and acknowledges Lessee's right at Lessee's sole option and cost to record the Memorandum of Lease in the office of the Pima County Recorder. 17. CONFLICT OF INTEREST. This Agreement is subject to A.R.S. §38-511, which provides for cancellation in certain instances involving conflicts of interest. 18. EXCUSABLE DELAY. If either party is unable due to causes beyond its reasonable control to carry out its obligations under this Agreement in whole or in part and if such Party gives written notice and full details of an excusable delay (including, without limitation, a force majeure event) to the other as soon as practicable after the occurrence of the event, then the {00013742.DOC / 2} -7- RegularCouncil Meeting -April 7, 2009 -Page 82 of 116 EXHIBIT A obligations of the affected Party will be suspended to the extent reasonably required as a result of such event. Excusable Delav means an event that is not within the reasonable control of the affected Party, including, without limitation, war, riots, civil insurrection or acts of a common enemy, fire, flood, strikes or other labor difficulty, acts of civil or military authority, including government laws, orders, actions, inactions or regulations, embargoes. Lessor: TowN of 1VIARANA, an Arizona municipal corporation By: Ed Honea, Mayor Date: ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Lessee: SIMPLY BITS, LLC, an Arizona limited liability company By: Name/Title: Date: STATE OF County of ass The foregoing instrument was acknowledged before me on April _, 2009, by the of SIMPLY BITS, LLC, an Arizona limited liability company, on behalf of the company. My commission expires: Notary Public {00013742.DOC / 2} -g- Regular Council Meeting -April 7, 2009 -Page 83 of 116 EXHIBIT A 7 . ~ . _ - ~t ~ ~ :s Exhibit 2 ,.;yr " Marana Operations Center ~ ~ _' ~ =: , F 5100 W. Ina Rd ~. Marana, Az ~ ~ ~` ~ ~ ~ ~,. Lat: Deg 32, Min 20, Sec 18 rs -'' ~.~ ~-~ . . Long: Deg -111, Min 4, Sec 24 w~ ~- , ~F ~ . ~ ; -~. . , ~ ~_ ~~ ~ . ~ . ~ w y wi- { 4 J.. _ ~~~1 ~. ;: ~ ryr ...........~..:..~... ~.~.._~.~_.....~...... Tower Location ' G ~...~,.m ~._ _' ' "~ ..~ I'.. ~~ ~ ~ ~NN ~~~ ' ~ _ ~.i i i ~ ~ M S ~ }: ~ ~` ~~ . ~ ~`~ riL Sf; `r. ;mac. ~ r {# L ~" ,KK~ ~i '11M r t r :: :Existing Parking .~ ~ a +y~ ,. ~ ' ~ , ~ _ ~: , I~ ~; p ~-~ S aces ~ . =_t, , , ~ ~~~~~ ~ ~ ~ ~- ~ ,~ ~• i 3~~ x,~s :~ ~ £.: ~Erw~ 3 ~~ ~ Y.y ~~~ j I ~lh ° ! '.IRS ~ d4 '~~~ ~ 1~.: ~ ~ ~ ~ s ~. ~ Fy~~ ~M C?'. ,l't Z W ~ ~ ? we ~_. .. c- sy ~'. ~ w ~t1 y~ ~+~ s"~ M~ c » a~'~Y i . .r ~ ~ ~. x '~i ~ ~ ~ ~ .:: [ . ,. ~~ ~~ ~ x s :. .. '. osed Acces ~:~~ ate.. , .. ement ~. *Eas ... ~ .~ _ ~1111~~ fir. ~: ~w ~~ ' i ~ . ~~ t y ~. „. -~, ~~, ~ ,; i M ' ~~x;~.c~ f~ s . a r. .. mss= >:,ri "~ Town of Marana Tower Sites List of Simply Bits Equipment Date March 25, 2009 EXHIBIT 3 .Site/Equipment. TX RX F~c License TAWer Equipment Desc tion (for-info onl) Frequ cy Freq nc Call Sign Hei ht Marana Municipal Complex (Town Halll (Licensed) 1 Ring 5.7 Motorola Canopy 5735-5840 Same 80' CMM Cluster Mana ement Module 80' P to P (2 ft sq panel) Simply Bits Wireless Bridge 5480 Same 80' P to P (2 ft sq panel) Simply Bits Wireless Bride 3600 Same 80' Inside 1 U 16 port Cat5e punch down panel 1 U Middle Atlantic power strip 1 U Backbone router Customer Access Router Marana DMZ firewall/router APC 2200RM UPS (Mgmt card belongs4o Marana) Marana Operational Center 1 Ring 5.7 Motorola Canopy 5735-5840 Same 90' P to P (2 ft panel) Simpl Bits Wireless Bridge 5180 Same 90' P to P (Backhau120) Motorola Canopy 5275 Same 85' 2' Dish Andrew/P-Com 38825 39525 WPND676 75' 4' Dish RadioWaves/Tran o 18080 19640 WQJL853 70' 2' Dish RadioWaves/DMC Stratex 19540 1798fl WQJL853 75' Inside Stratex XP4 IDU Tel-Link P-Com IDU 2 RICi-T3 TrangoLink Giga IDU 1 U Customer Access Router 1 U Backbone Router 1 U Marana DMZ Router/Firewall Dell PowerConnect 3424 24 port switch Servertech Sentry 48V PDU 3 Duracomm 1248 power supplies Regular Council Meeting -April 7, 2009 -Page 86 of 116 EXHIBIT 3 When recorded, return to: SIMPLY BITS LLC 5225 North Sabino Canyon Road Tucson, AZ 85750 MEMORANDUM OF LEASE APN: 217-37-0560 AND 226-35-O11A Txls MEMORANDUM OF LEASE is entered into as of the _ day of April, 2009, by and between the Town of Marana, an Arizona municipal corporation, whose address is 11555 W. Civic Center Drive Marana, AZ 85653 ("Landlord") and SIMPLY BITS LLC., an Arizona limited liability company, with its principal place of business located at 5225 North Sabino Canyon Road, Tucson, Arizona 85750 ("Tenant"). All of the following are provided for more fully in the Agreement: 1. Landlord and Tenant entered into a Telecommunications Site Agreement ("Agreement") dated as of April _, 2009, for the purpose of Tenant operating and maintaining communications equipment and other improvements ("Improvements") on existing communication towers. 2. The term of Tenant's tenancy under the Agreement is for five years, with three successive five year options to renew. 3. The leased Sites, which are the tower space that is the subject of the Agreement, are located on existing communication towers located on the Landlord's property located at 13251 N. Lon Adams Road and at 5100 W. Ina Road in the Town of Marana, County of Pima, State of Arizona, as identified in Exhibit 1 and Exhibit 2 attached to and incorporated in this Memorandum of .Lease by this reference, including appurtenant utility and vehicular access. IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement as of the date first written above. Lessor: TOWN OF MARANA, an Arizona municipal corporation Lessee: SIMPLY BITS, LLC., an Arizona limited liability company By: Ed Honea, Mayor Date: ATTEST: Town Clerk APPROVED AS TO FORM: By: Name/Title: STATE OF ss County of ) The foregoing instrument was acknowledged before me on April _, 2009, by ,the of SIMPLY BITS LLC., an Arizona limited liability company. My commission expires: Town Attorney {00(f;899dc'~~U~pcil Meeting - Apri17, 2009 -Page 87 4fo~of Marana/Simply Bits Lease Agreement EXHIBIT 4 Notary Public 3/25/2009 2:50 PM Memorandum of Understanding Between the Town of Marana and Simply Bits, LLC Effective Date April 1, 2009 Introduction The Town of Marana entered into three separate thirty-six month services agreements with Panzica Enterprises, LLC, an Arizona limited liability company, dba WJM Computer Solutions for the term of April 1, 2006 through March 31, 2009. Simply Bits is the sole supplier of services under these three contracts, and since June 2008, "Panzica" has assigned the Town of Marana's contract payments for services directly to Simply Bits. These contracts are about to expire. The Town of Marana and Simply Bits desire to continue their business relationship, for a defined period of time, guided by the terms and conditions of the three "Panzica" contracts; and therefore, the parties agreed as set forth below: Understanding The Extension Period For All Three Contracts: The extension period shall be three months, from April 1, 2009 through June 30, 2009. Thereafter, the extension term shall automatically continue on a month to month basis until the receipt, by either party, of a written notice of cancellation at the end of a month. The notice of cancellation will advise the other party that in 60 days, the extension period, and consequently the terms and conditions of this Memorandum of Understanding, will expire. Contract # 1 -Bandwidth Contract: extend Simply Bits services under the guidelines of the "Panzica" contract as written. No change in payments (Annual: $35,988.00, Monthly: $2,999.00) Simply Bits will automatically increase, at no cost to the Town of Marana, the bandwidth to 60 megabits per second. Contract # 2 -Twenty Connections Contract: extend Simply Bits services for remote site connectivity and intersection cameras with integration into the Marana network under the guidelines of the "Panzica" contract as written. No change in payments (Annual: $42,240, Monthly: $3,520.00) {00013914.DOC / 2} -1- Regular Council Meeting -April 7, 2009 -Page 88 of 116 EXHIBIT B Contract # 3 -Warranty and Management Contract: extend Simply Bits services for the WAN Management portion under the guidelines of the "Panzica" contract. as written. Extend the Warranty portion of Simply Bits services under the guidelines of the "Panzica" contract as written with the following modification: Simply Bits will not provide a warranty on the Altium equipment. Should a failure in the Altium equipment occur during the extension period, Simply Bits will replace the Altium equipment with new, like equipment performing to the same or higher specifications. At the end of the extension period and in the event of an Altium failure, the Town of Marana shall have two options: 1. Purchase the replacement equipment 2. Not Purchase the replacement equipment Should the Town of Marana elect to purchase the replacement equipment, they will receive a warranty repair credit of $4,500 to be applied (deducted) to the purchase price of the replacement equipment. By way of example, suppose that the link between Marana Municipal Center and Northwest Fire Station 37 fails. Because the Altium equipment is not under warranty, Simply Bits will install new, like equipment. At the end of the extension period, the Town of Marana elects to purchase the equipment for $16,250. Example Only Licensed hi h-s eed microwave link. (est) $17,250 Ancillary new equipment such as surge su presser, etc. (est) $2,000 Warrant Re air Credit ($4,500) Licensin /Fre uenc Co-ordination (est) $1,500 Pa mentto Sim 1 Bits. est $16,250 (or a combination of cash and TOM book credit reduced) Note on rough estimates: Simply Bits will provide a detailed price list on Tuesday, March 24, 2009 Equipment at Beacon Hill Facility: On January 4, 2005, the Town of Marana entered into a "Beacon Hill Communications Site Lease and Settlement Agreement" (the "Beacon Hill Agreement") with the owner of Beacon Hill, which included a provision stating that {00013914.DOC / 2} -2- Regular Council Meeting -April 7, 2009 -.Page 89 of 116 EXHIBIT B the Town of Marana "is not permitted to use the Premises to provide third-party communications services." In August or September 2006, certain communications equipment owned by the Town and located on Beacon Hill was replaced with communications facilities owned by Simply Bits. Simply Bits used the equipment not only to provide service for the Town of Marana but also for other third parties. Neither Simply Bits nor the Town of Marana representative who authorized the replacement of the equipment.: realized the conflict with the Beacon Hill Agreement, and Simply Bits equipment has remained on Beacon Hill and has continued to be used in the same manner until the date of this Memorandum of Understanding. Because the Simply Bits equipment was placed on Beacon Hill for the Town's benefit and cannot now be removed without causing immediate harm to the Town of Marana's communications and to the operations of Simply Bits, the Town shall be responsible to contact the owner of Beacon Hill and to pay any rents, fees, or penalties associated with Simply Bits' placement of its equipment on Beacon Hill during the period that Simply Bits is providing service under the Three Contracts, as extended by this Memorandum of Understanding. The Town will immediately pursue a settlement agreement to compensate the owner of the Beacon Hill property for allowing the Simply Bits equipment to be installed on Beacon Hill through the date of termination of the Three Contracts as extended by this Memorandum of Understanding. Simply Bits will pursue a lease agreement with the owner of the Beacon Hill property before the date of termination of the Three Contracts as extended by this Memorandum of Understanding. At that point, if the owner of the Beacon Hill property decides not to enter into a direct agreement with Simply Bits but allows the current Simply Bits equipment to remain in place pursuant to the same terms as the Town's settlement agreement with the owner of the Beacon Hill property, Simply Bits shall begin making monthly payments to the Town which shall be passed through to the owner of the Beacon Hill property. Simply Bits shall remove their equipment from Beacon Hill before the date of termination of the Three Contracts as extended by this Memorandum of Understanding if no agreement has been reached with the owner of the Beacon Hill property to allow it to remain in place. If Simply Bits successfully negotiates an agreement with the owner of Beacon Hill and is permitted to leave its equipment on Beacon Hill, the Town hereby agrees to allow the current Simply Bits equipment and antennas to remain in their current location on and within the small Beacon Hill building maintained by the Town until the expiration of the Beacon Hill Agreement. {00013914.DOC / 2} -3- Regular Council Meeting -April 7, 2009 -Page 90 of 116 EXHIBIT B Miscellaneous• Except as modified or replaced by the terms of this Memorandum of Understanding, the provisions of the Three Contracts shall continue and remain in place throughout the extension period. This Memorandum is subject to the provisions of A.R.S. § 38-511, which provides for cancellation of contracts by public agencies in certain instances involving conflicts of interest. The terms of this Memorandum of Understanding have been arrived at by negotiation between the parties,.and the terms of this Memorandum of Understanding shall not be treated as having been written by either of the parties for purposes of interpretation. The Town of Marana and Simply Bits, LLC have executed this Memorandum of Understanding as of the date below: Town of Marana By: Gary Hudman Its Technology Services Director Signature Date {00013914.DOC / 2} Simply Bits, LLC By: Bradley Feder Its: Managing Member Signature Date -4- Regular Council Meeting -April 7, 2009 -Page 91 of 116 EXHIBIT B ~. ~ b,~~, 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, April 7, 2009, 7:00:00 PM To: Mayor and Council Item A 3 From: Dorothy O'Brien ,Assistant Utilities Director Strategic Plan Focus Area: Community Building Strategic Plan Focus Area -Additional Information: If approved, this item would authorize the repair of a waterline that provides system redundancy and added fire protection for the San Lucas area. Subject: Resolution No. 2009-45: Relating to Administration; modifying the emergency procurement authorized by Marana Resolution No. 2009-09 for materials and services necessary to encase and replace the Marana Utilities Department waterline within and in the vicinity of the Union Pacific Railroad right-of--way southwest of the 13900 block of Adonis Road; authorizing the Procurement Director to determine the appropriate procedures; increasing the budgetary limitation for this emergency procurement; and declaring an emergency Discussion: On January 27, 2009 Council adopted Resolution 2009-09 allowing the Utilities Department to move forward with the evaluation and then repair or replacement of a waterline that lies within the Union Pacific Railroad (UPRR) right-of--way southwest of the 13900 block of Adonis Road. Due to the UPRR Double-Tracking project, the town has a window of opportunity to make cost-effective repairs and or replacement of this line. The initial request envisioned extending the exterior casing of the water line and replacing the entire water line that lies within the casing for a budgetary limit not to exceed $100,000 for the project. This water line provides the interconnection for redundancy and additional fire capacity for the north Marana water system. In order to complete the evaluation phase of the project, the ground surrounding the waterline was opened and the casing was visually inspected to determine if extending the casing was a viable alternative. Testing revealed degradation of the casing, most likely. caused by a lack of cathodic protection, thereby eliminating the option to extend the existing casing. To maintain the water service interconnection at this location, a new casing is needed in addition to the new waterline previously envisioned and approved on January 27, 2009. The casing will need to be installed from the east to the west side of the railroad right-of--way. Therefore, the Utilities Department is seeking to amend the budgetary limit to $175,000. Rather than expend the funds necessary. to install both a new water line and casing, staff evaluated the option of abandoning the waterline entirely. Although the cost of abandonment are lower, the Town would lose the water service redundancy and additional fire capacity for the north Marana water system which the interconnection provides. Therefore, the Utilities Department is seeking to replace the current casing and waterline under the UPRR at 13900 block of Adonis Road. Regular Council Meeting -April 7, 2009 -Page 92 of 116 Financial Impact: The Utilities Department annual budget includes funding for maintenance and repairs of the water system. In late 2008, the Department reserved $100,000 for unknown contingency expenditures. At this time the Department has $175,000 in available funds for this purpose. ATTACHMENTS: Name: Descr`lption: Type;: ~ R..ES.O__tJPR_R__waterline Reno Adopting Expanded Emergency tJPRR V+laterline Resolution construction_(00014t}59~.DOC Pracurement Staff Recommendation: The Utilities Department recommends the approval of Resolution No. 2009-45, authorizing an emergency procurement to replace the waterline and casing under the UPRR right-of--way in advance of the UPRR double track project. Suggested Motion: I move to approve Resolution No. 2009-45. Regular Council Meeting -April 7, 2009 -Page 93 of 116 MARANA RESOLUTION N0.2009-45 RELATING TO ADMINISTRATION; MODIFYING THE EMERGENCY PROCUREMENT AUTHORIZED BY MARANA RESOLUTION NO. 2009-09 FOR MATERIALS AND SERVICES NECESSARY TO ENCASE AND REPLACE THE MARANA UTILITIES DEPARTMENT WATERLINE WITHIN AND IN THE VICINITY OF THE UNION PACIFIC RAILROAD RIGHT-OF-WAY SOUTHWEST OF THE 13900 BLOCK OF ADONIS ROAD; AUTHORIZING THE PROCUREMENT DIRECTOR TO DETERMINE THE APPROPRIATE PROCEDURES; INCREASING THE BUDGETARY LIMITATION FOR THIS EMERGENCY PROCUREMENT; AND DECLARING AN EMERGENCY WHEREAS a Marana Utilities Department waterline is located in and adjacent to the Union Pacific Railroad right-of--way southwest of the 13900 block of Adonis Road (the "Subject Waterline"); and WHEREAS the Subject Waterline lies in the path of Union Pacific Railroad's double- tracking project; and WHEREAS Union Pacific Railroad requires all waterlines underneath their railroad tracks to be encased; and WHEREAS the Town Council adopted Resolution No. 2009-09 on January 27, 2009 to authorize emergency procurement for materials and services necessary to encase the subject waterline before the then anticipated March 2009 completion date for Union Pacific Railroad's site work in this area; and WHEREAS initial investigative work for encasement of the subject waterline revealed substantial deterioration of the encasement under the existing Union Pacific Railroad mainline caused by a lack of cathodic protection; and WHEREAS the lack of cathodic protection has also likely caused the deterioration of the encased waterline itself, which is also a steel waterline; and WHEREAS the subject waterline provides important system redundancy and added fire protection for the San Lucas area; and WHEREAS the Union Pacific Railroad will allow the expanded encasement and replacement of the subject waterline if it can be completed about the end of April 2009; and WHEREAS using the Town's standard procurement procedures will not allow the required work to be completed in the required time frame; and WHEREAS it is in the public interest to proceed immediately with the required work; and Reguiq~j~~~~~~0~p~~7, 2009 -Page 94 of 116 _ 1 - 4/6/2009 9:21 AM FJC/kc WHEREAS it is appropriate and necessary to undertake this work pursuant to emergency procurement procedures authorized Marana Town Code Section 3-4-4. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: Section 1. Marana Resolution No. 2009-09 is hereby amended and expanded to authorize Town staff to undertake an emergency procurement of materials and services necessary to encase and replace the Subject. Waterline in and adjacent to the Union Pacific Railroad right- of-way by using such procurement procedures as determined appropriate by the Procurement Director, taking into consideration previously obtained informal bids solicited for the work and the limited timeframe for completing the work. Section 2. The total budget authorization for this procurement shall not exceed $175,000, subject to amendment by future action of the Council and/or pursuant to existing budgetary procedures. Section 3. Town staff is hereby authorized to obtain all permits necessary from the Arizona Department of Transportation and Cortaro Marana Irrigation District for any work on the subject waterline that involves right-of--way owned and/or controlled by each of them. Section 4. The Town Manager is hereby authorized to execute all contracts relating to procurements authorized by this resolution, and to undertake all other actions necessary and beneficial to carry out this resolution and to provide necessary public services to support this procurement. Section 5. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, an emergency is hereby declared to exist, and this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 7th day of April, 2009. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regulq~~~~~~~g2D~p~F~7, 2009 -Page 95 of 116 _ 2 - 4/6/2009 9:21 AM FJC/kc ~""~ ~~~ '~ ~~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, Apri17, 2009, 7:00:00 PM To: Mayor and Council From: Kelle Maslyn ,Chair, BEDAC Strategic Plan Focus Area: Commerce Item B 1 Subject: Presentation: Annual presentation to Mayor and Council on the activities of the Business and Economic Development Advisory Commission Discussion: Per Ordinance 2008.15, each Town of Marano Citizen Advisory Commission (CAC) is required to make an annual presentation to the Mayor and Council regarding the Commission's administrative actions, activities, and current issues. Kelle Maslyn, Chair of the Business & Economic Development Advisory Commission, will make a presentation to the Town Council and answer any questions regarding the Commission's activities and adopted work plan for 2009. ATTACHMENTS: Natnc--: Description; `T'ype: O bedae co~neil Comm form 4- 7-09__meetn doc council communication farm Backup Material -~_ ~ BEDAC_workplan_i s#h...a.!# 2009.doc BEDAC work plan Backup Material ~ bedac._chair_report_4-7=Q9..pdf BEDAC chair report Backup Material Staff Recommendation: Suggested Motion: Regular Council Meeting -April 7, 2009 -Page 96 of 116 Board /Commission Name: Business & Economic Development Advisory Commission Chairperson: Kelle Maslyn Staff Liaison: Josh Wright Report Date: March 26, 2009 Council Meeting Date: Apri17, 2009 Administrative Actions Please list any major administrative actions (motions /votes) taken by the Board / Commission: 1) Reviewed proposed TREO agreement and forwarded comments to Council 2) Agproved a draft Town sign code educational brochure for business owners 3) Adopted work plan for first half of calendar year 2009 Current Policy Issues Please list any major policy issues being discussed by the Board /Commission: 1) Feasibilityplanning of a "Shop Marana" campaign 2) Participation in the Marana Economic Roadma sp trategic planning_process 3) Stud public education for business owners on the Town's sign code Work Plan Progress Has the Board /Commission adopted a formal work plan for the year?: Yes If yes, comment on the Board /Commission's progress in meeting the goals of the work plan: The Commission adopted a work plan in February 2009 which covers the first half of the current calendar year. The work plan covers four major policy areas of importance to the business community. The Commission has been meeting re ug larly to achieve the objectives of the work flan. Please see attached documents for more information. Regular Council Meeting -April 7, 2009 -Page 97 of 116 ~` ~~ ^~ TOWN OF MARANA Business & Economic Development Advisory Commission (BEDAC) Work Plan, 1St and 2°d Quarters 2009 Marana Economic Development Roadmap (strategic plan) -Review and make recommendations on partnerships and contracts to facilitate the Roadmap (e.g. The University of Arizona, Partners for Strategic Action, etc.) -Make recommendations to Town Council and staff on the Roadmap's steering committee participants -Make recommendations to Town Council and staff on steering committee's meeting schedule and facilitation process Economic Development Staffing -Make a recommendation to the Town Council to hire an Economic Development Director/Administrator, including possible funding options Revenue Stimulation -Bed Tax Rate: Study and make a recommendation to the Town Council on the transient occupancy tax rate and potential uses for the revenue = `Shop Marana" Campaign: Research successful "shop locally" campaigns in other municipalities to identify best practices for Marana and make a recommendation to Town Council and staff Marana Sign Code -Complete the sign code educational brochure and gauge the public and development community's reactions -Continue to work with appropriate staff toward identifying and implementing any needed changes to the code Regular Council Meeting -April 7, 2009 -Page 98 of 116 Business & Economic Development Advisory Commission Report Town of Marano April 7, 2009 Commission Chair: Kelle Maslyn The Business & Economic Development Advisory Commission (BEDAC) struggled for its first year, challenged by changes in membership and staff liaisons. Now with a dedicated membership and consistent member of the Town staff to work with, we have found our footing and have been able to develop a plan of work. Economic Roadmap Originally, we were working with Tucson Regional Economic Opportunities (TREO) on creating a "Blueprint" for Marana and have now come full circle and are focusing on creating an economic development strategic plan (the Economic Roadmap) for the Town. Over the course of the next 8 months, severaE BEDAC members will have key roles in helping to create a direction for the Town in regards to its future economic development plans. Shop Marano In conjunction with looking at ways to expand the economic development plans for the future of Marana, BEDAC is looking at ways to make a difference in the community now. We are exploring options fora "Shop Marana" campaign to encourage Marana-area residents to think of Marana businesses first when choosing where to buy. Sign Code BEDAC has been working with the development services center to make the Town's sign code easier to understand. Originally, the commission thought about making changes to the ordinance that were suggested by businesses, but decided an education campaign would be a better first step. BEDAC, with the help of Town staff, has developed a sign code brochure that is now available through development services to give businesses a quick summary on the most frequently asked questions. TREO The commission was asked to review the new TREO contract that the Town Council would be deciding on at a future meeting. Although BEDAC had worked with TREO for several months on the Blueprint, the commission made suggested changes to the contract that would provide more accountability from TREO for the work they were doing in the Town. The commission members thought the TREO contract was a step in the right direction in the Town's relationship with TREO and voted unanimously to support the contract, with the suggested revisions. Work Plan For the next six month, BEDAC will continue its work on the Shop Marano campaign, Roadmap and making sure the work with the sign code brochure is successful. Regular Council Meeting -April 7, 2009 -Page 99 of 116 ~~ ~~~ ~~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, April 7, _2009, 7:00:00 PM To: Mayor and Council Item B 2 From: Strategic Plan Focus Area: Community Building Subject: Relating to the Police Citizen Advisory Commission; 1st quarter report Discussion: ATTACHMENTS: Name: Description: Type: D CRC Report for Council 1st Police CAC Quarterly Report Backup Material qtr 2009.doc Staff Recommendation: Suggested Motion: Regular Council Meeting -April 7, 2009 -Page 100 of 116 REPORT TO COUNCIL To: Mayor and Town Council From: Police Citizen Advisory Commission Re: Quarterly Report (January, February, March 2009) Date: April 1, 2009 The commission is still in its infancy. The difficult aspect that we are encountering is the fact that Marana has only existed since 1977. We took for granted that some laws were already in effect and we have found out the contrary. Even though we understand that the officers and citizens have immediate concerns, it will take time to study these concerns and propose solutions which we can then bring forward to the Council. We have two sub-committees working on the following items: 1. Pawn shops/second-hand dealers 2. ATV's/off road vehicles on public streets 3. Bicycle and skateboard property damage 4. Proper guest identification when registering at a motel/hotel 5. Eliminating the use of hand-held cell phones while driving a motor vehicle (this item has been tabled pending the outcome of the Arizona legislative action) The Volunteers in Police Service (NIPS) program continues to accelerate. The number of volunteers has climbed ftom 20 (a year ago) to 80. This is a regularly scheduled topic on the monthly CAC agenda. Sub-committee reports are also ongoing. During the first quarter of 2009, we worked on passing our first ordinance: leaving a child unattended in a motor vehicle. The process to pass the ordinance was very informative and will be a useful guide as we prepare to make further recommendations. The end result was satisfaction. for all parties. At our April 14, 2009 meeting we will be interviewing three applicants for the position of second alternate on the commission If there are any questions, suggestions or input you would like to convey to the commission, you are more than welcome to attend our meetings on the second Tuesday of each month at 3:00 p.m. in the Board Room or advise our liaison, Council Member Clanagan. POLICE CITIZEN ADVISORY COMMISSION Jim Shaw, Chair ~ Mike Lektorich, Secretary ~ Gary Nicholl ~ Barbara Winters Darryl Churchill ~ Warren Clark ~ Jack Noble Terry Tometich and Joe Carrasco, Staff ~ Russell Clanagan, Council Liaison Regular Council Meeting -April 7, 2009 -Page 101 of 116 ~~~ ~,~ ~~ ~. 11555 W. CIVIC CENTERDRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, Apri17, 2009, 7:00:00 PM To: Mayor and Council Item D 1 From: Steve Huffman ,Intergovernmental Affairs Administrator Strategic Plan Focus Area: Not Applicable Subject: 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: ^ Bulletn__#1.O,pdf ^ Moratorium Fact Sheet.odf ^ HB2267 White._Paperv5.pdf ^ I~act_Fees Fact Shee~df ^ Bulletin #11pd..f ^ Bulletin-12.pdf Description: Type: Bulletin 10 Backup Material Bulletin 10 Reference Material -Moratorium Faet Sheet Backup Material Bulletin 10 Reference Material -HB2267 Backup Material Bulletin 10 Reference Material a Impact Fees Fact Sheet Backup Material Bulletin 11 Baokup Material Bulletin 12 Backup Material 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 - Apri17, 2009 -Page 102 of 116 Bulletin Issue 10 -March 13, 2009 IN THIS ISSUE Shared Revenue In The Spotlight ..................................... 1 An Impact Fee Moratorium Could Be Reality .................................. 2 Economic Stimulus Update ....... 3 Fire Sprinkler Bill Awaits House Floor ........................................... 3 Public Notices In Newspapers ... 3 Weekly Spotlight ....................... 4 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 to have a staff member added to our bulletin a-mail list please forward your a-mail request to: csmith-humphrey@azleague.org SHARED REVENUE IN THE SPOTLIGHT In a complete surprise to cities and towns, a portion of the Urban Revenue Sharing Fund took center stage in a budget bill that emerged late Wednesday afternoon. Originally the bill restored some previous reductions in programs such as Department of Economic Security (DES) child care block grants, Arizona Health Care Cost Containment System (AHCCCS) hospital payments, medical education and rural hospital funding, as well as several programs in other state agencies. The child care restoration of $18.2 million was necessary in order to qualify for funding from the federal economic stimulus package. But, along with the fund restorations, was a reference to the repeal of a section of session law from 2006. That section was a commitment for a certain amount ofone-time money in the revenue sharing fund above the statutory 15% distribution. The provision included $10.5 million as a payback for past sweeps of city revenue, and another $7.1 million as a "hold harmless" amount due to cuts in the income tax rate in 2006. The money was to be distributed during the FY 2008-09 and has been going out to cities and towns in monthly payments since July 2008. Two identical bills were moving through the chambers simultaneously House Bi112051 and Senate Bill 1184. (The Legislature will move two identical bills through their respective chambers at the same time in order to expedite the process and transmit one of the bills to the Governor the same day.) They were apparently the product of an agreement among legislative leaders, but the League was not informed that any revenue sharing funds were part of the deal. Both bills contained the provision that would have removed the entire $17.6 million during the last three months in the fiscal year. That kind of sharp reduction would be a huge hit to local budgets and likely result in immediate layoffs in many communities. Thanks to an amendment offered in the House Appropriations Committee by Representative Vic Williams (R-Tucson), that provision was removed in the House version of the bill on Thursday morning before the Senate Appropriations Committee convened. Similar language was later offered in the Senate by Senate President Bob Burns (R-Peoria). The bill was approved in both chambers without the shared revenue reduction. We thank all the Representatives and Senators who heard our concerns and supported the effort to remove the troubling provision. We also thank the many city and town officials who contacted the members of their legislative delegation to let them know about the impact of such a dramatic cut in their communities. There are still many more difficult days ahead. The state budget situation continues to decline and more very deep cuts are in store for the FY 2009-10 budget, not to mention the potential cuts that may still occur in the current fiscal year's budget.. Money from the economic stimulus bill is beginning to arrive in the state for some programs, but it will still take significant time for its impact to be felt in sales tax and income tax collections. Regular Council Meeting -April 7, 2009 -Page 103 of 116 March 13, 2009 Shared Revenue In The Spotlight (cont'd.) Be sure to keep your legislative members informed about the budget situation in your city or town, and what you are doing to cope with it. AN IMPACT FEE MORATORIUM COULD BE REALITY We have received confirmation that some sort of impact fee suspension or moratorium continues to be part of the discussion on the FY2009-10 budget and any economic stimulus packages that may come out of the legislature this session. There is nothing in writing that details what the proposal will look like - we have heard everything from the possibility of rolling back fees to 20061evels, to suspending collection of ALL impact fees for five years. In any case, such a provision will be devastating to those cities that depend on this revenue to fund the infrastructure need created by new development. Two fact sheets are attached to this bulletin for your use: one that details our concerns about the moratorium and another that explains the basics of impact fee in general. Please CONTACT your l~islators and leadership in the Senate and the House to let them know how such a proposal would affect your community. enate Leadershi ouse Leadershi resident: Bob Burns bburnsCa~azleg•gov 02-926-5993 peaker of the House: Kirk Adams kadams~azleg. gov 02-926-5495 ajority Leader: Chuck Gray cgray@,azleg;~ov 602-926-5288 ajority Leader: JohnMcComish jmccomisht7a,azle~gov 02-926-5898 ajority Whip: Pamela Gorman Orman azle o 02-926-5284 ajority Whip:Andy Tobin atobin(c~azleg;gov 02-926-5172 inority Leader: Jorge Garciajgarcia(a,azleg;gov 02-926-4171 inority Leader: David Lujan dlujan(a~azleg~ov 02-926-5829 sst. Minority Leader: Rebecca Rios Trios azle o 02-926-5685 inority Leader: Kyrsten Sinema ksinemana,azleg.gov 02-926-5058 inority Whip: Linda Lopez llopezt7a,azleg:gov 02-926-4089 inority Whip: Chad Campbell chcampbellna,azleg_gov 02-926-3026 This suspension concept is not connected in any way to House Bi112259, which mirrors the impact fee bill from last session. This bill is still waiting for the Committee of the Whole in the House, where we anticipate it will be amended by the bill sponsor, Representative Andy Biggs (R-Gilbert) to address our concerns about the "offset" provisions in section B4 of the bill. It is likely that this bill is one of many being held off the floor while both houses work on the budget. House Leadership has also indicated that only caucus priority bills will move through the House at this point, with others to follow after the Senate begins hearing bills. Senate President Bob Burns (R-Peoria) continues to hold steady with his promise to not allow Senate committees to hear bills until after the FY2009-10 budget is completed. Regular Council Meeting -April 7, 2009 -Page 104 of 116 March 13, 2009 ECONOMIC STIMULUS UPDATE The Arizona Chapter of Associated General Contractors (AGC) is offering their services for those of you putting together a bid package for projects related to economic stimulus funds. AGC represents the contractors that engage in highway, heavy, industrial and municipal- utility construction. If you are looking for qualified contractors in your area, or have questions about working with contracting firms, you should contact David Martin, dmartin ,azagc.org or Sarah Morgan, smorgan(a~`azagc_org. FIRE SPRINKLER BILL AWAITS HOUSE FLOOR House Bill 2267, sponsored by Representative Sam Crump (R-Phoenix), is still waiting to be heard on the House floor in Committee of the Whole. This bill preempts any city or town from requiring fire sprinklers in residential construction, no matter the conditions or circumstances. While the bill does grandfather any ordinance or code currently in place, as soon as you adopt new codes or need to amend your ordinance, any such requirement must be removed. A few cities and towns mandate sprinklers in all residential construction and have greatly improved public safety by doing so. For example, a study of the 598 home fires during the Scottsdale sprinkler ordinance's first 15 years showed zero deaths in the 49 home fires with sprinklers, versus 13 deaths in the 549 homes fire without sprinklers. The same Scottsdale study also showed how fire sprinklers save property and reduce losses, noting that the average loss in a home with sprinklers was $2,166, versus $45,019 in a home without sprinklers. However, many cities and towns do not require sprinklers in all homes but rather only in certain conditions, such as proximity to a fire station, water supply, accessibility, or size. These conditions require the installation of fire sprinklers because these factors limit the ability of emergency services to respond quickly and save lives. HB 2267 makes no distinction between these requirements and the demonstrably successful requirements for all homes to have fire sprinklers. _ We appreciate those cities and towns who have already talked to their legislators about this issue and the many legislators who have committed to support their communities' position on this bill. Please continue to encourage fur legislators to oppose the bill. This is a tool that cities and towns use to protect their citizens and firefighters, and it should .not be preempted. The fact sheet on this issue is attached to the bulletin for your convenience. Regular Council Meeting -April 7, 2009 -Page 105 of 116 PUBLIC NOTICES IN NEWSPAPERS As you're probably well aware, the League attempted to change the policy requiring cities' and towns' public notices to be printed in the newspapers. Representative Russ Jones (R-Yuma) sponsored House Bi112253 that would have given cities and towns the option to put the notices on their city website or print the notices in the newspaper. The bill failed in the House Government Committee, but was later reconsidered and became a vehicle for a study committee to examine the issue. Enter Representative Andy Biggs (R-Gilbert), who asked the same House Government Committee to consider a measure that would have allowed Arizona's corporations to post many of their public notices on the website of the Arizona Corporation Commission instead of a newspaper. Rep. Biggs made many of the same arguments the League made and also received nearly identical misgivings from the committee members. Unfortunately, the. Biggs measure failed in committee as well. However, in closing comments in committee and comments later during a caucus meeting, Rep. Biggs told members that the Legislature should examine the wisdom of printing these notices in the newspapers, given the cost and the questionable reach of newspapers today with the proliferation of the Internet. We applaud Rep. Biggs' efforts and look forward to working with him and Rep. Jones on this issue in the future. The Weekly Spotlight - Representative Steven Yarbrough This week we focus on Representative Steven Yarbrough (R-Chandler). Rep. Yarbrough has lived in Arizona since 1963. He graduated from Phoenix Union High School in 1965, earned his B.S. in Business Administration (finance) from ASU in 1968 with .high distinction, and graduated magna cum laude with his Juris Doctor from the ASU College of Law in 1971. During 1970-71, he was a Rockefeller Foundation Graduate Fellow in University Administration. From 1971-1975, he served as a director in the ASU Office of Student Affairs. Since 1975, he has practiced law in Tempe and Chandler and is presently a partner with Yarbrough & Dunn in Chandler. For many years he was a board certified specialist in family law. His March 13, 2009 partner, Boyd Dunn, is mayor of Chandler and current President of the League. Rep. Yarbrough taught business law at Mesa Community College from 1975-1977. He was a co- founder and has served on the school board for Valley Christian High School from 1981-2005. Since 1998, he has been the Executive Director of the Arizona Christian School Tuition Organization, which has provided scholarships to thousands of Arizona students to attend the school of their parent's choice. Rep. Yarbrough has been married to his wife Linda since 1968. She taught high school choral music for 30 years. They have three adult sons, all married, and seven grandsons. Two of their sons are East Valley police officers (Chandler and Gilbert) and one is a Regional Sales Manager with Shell Oil in the Pacific Northwest. First elected in 2002, Rep. Yarbrough has been re- elected three times from District 21 (Southwest Mesa, Chandler, Sun Lakes and Queen Creek.) Rep. Yarbrough leads a bipartisan group of legislators and citizen group leaders known as the Arizona Values Action Team, which supports public policy that is pro- life,pro-traditional marriage, pro-school choice and pro- religious liberty. Rep. Yarbrough is House Speaker Pro Tempore for the 49th Legislature. He previously served on the House Education, Appropriations and Judiciary Committees and on the Ethics Committee of which he was Chairman. Currently, he is a member of the House Ways. and Means Committee after four years as Vice Chairman and two years as Chairman. He also serves as Vice Chairman of the Rules Committee. What prompted you to run for the legislature? I was interested in several significant public policy issues. I worked on some of these as a regular citizen, followed the legislative process, had testified a few times on bills and was at a point in our family life such that serving in the legislature seemed possible. What's your proudest legislative achievement? If I may mention three: (1) creating the corporate scholarship credit, (2) securing elimination of the marriage penalty from the individual scholarship tax credit, public school extracurricular activities tax credit and working poor tax credit, and (3) leading the effort in the House to place the marriage amendment on the ballot in 2008. How can the state government and local governments be better partners? I am honored that my long time partner, Boyd Dunn, is President of the League. I see state and local government working hand-in-hand. Each can best provide particular services to our citizens. Local government has the best ability to provide many of these critical services and those need to be preserved. What kinds of things do you do to relax favorite music, books, etc? I enjoy reading history and theology; spend too much time following sports; and greatly enjoy the families of our three married sons and seven grandsons, ages four months to nine years. Thank you for your time. Thank you. Regular Council Meeting -April 7, 2009 -Page 106 of 116 4 March 13, 2009 VOTE "NO" ON HB2267 (MUNICIPALITIES; COUNTIES; FIRE SPRINKLERS; CODES) WHAT HB2267 DOES As amended by the House Government committee, HB2267 prohibits municipalities and counties from adopting ordinances that require new construction residential fire sprinklers in single- and two-family dwellings and exempts any ordinance that requires the installation of fire sprinklers adopted before December 31, 2008. BACKGROUND The International Code Council (ICC), is an organization that develops the model building and fire safety regulations adopted by 48 states and thousands of municipalities. The 2009 version. of their International Residential Code (IRC) calls for fire sprinklers in new single- and two-family dwellings effective January 1, 2011. In Arizona, the cities of Scottsdale and Cottonwood and the towns of Fountain Hills and Cave Creek already have ordinances that require fire sprinklers in all new residential construction. REASONS TO VOTE AGAINST HB2267 Fire sprinklers save lives and prevent horrendous injuries. A study of the 598 home fires during the Scottsdale sprinkler ordinance's first 15-years showed 0 deaths in the 49 home fires with sprinklers versus 13 deaths in the 549 homes fire without sprinklers. Fire sprinklers reduce the cost of fire damage. The same Scottsdale study showed the average loss in a home with sprinklers was $2,166 versus $45,019 in a home without sprinklers. This significant difference is why insurance carriers typically offer a discount on insurance for homes with fire sprinklers. Fire sprinklers reduce the safety risks to firefighters and other first responders, as demonstrated by the overwhelming opposition of fire service groups to the legislation. Prohibiting fire sprinkler ordinances denies local control by residents and municipal officials to make decisions that best reflect local needs. DISPELLING THE MYTHS of HB2267 MYTH 1: The IRC's adoption of fire sprinklers will mandate fire sprinklers in all municipalities. NO. The IRC is a consensus model code and state and municipalities only adopt the code provisions that fit their needs. MYTH 2: The cost of sprinklers affects the sale of new homes. NO. A study done by the Fire Protection Research Foundation found the average cost of sprinklers to be $1.67 a square foot. In markets where sprinklers are required, like Scottsdale, costs come down due to competition and economies of scale. Rural areas may see higher costs, but increased cost should be weighted against the safety impacts of increased response times by rural fire departments. Also, as the recent housing bubble showed, the price of a home depends more on the strength of the local housing market and the supply and demand of homes and less on the construction costs. MYTH S: During a fire, all sprinklers are activated. NO. Only the sprinkler(s) that are in close proximity to the fire are activated. In Scottsdale, 92% of fires are controlled by one or two sprinklers. STAKEHOLDERS AGAINST HB2267 (as of 3.13.09) Professional Fire Fighters of Arizona, Arizona Fire Chiefs' Association, Arizona Fire District Association, Arizona Urban Fire District Association, Arizona Fire Marshal's Association, Arizona Building Officials, National Fire Protection Association, National Fire Sprinkler Association, Tyco Fire Suppression and Building Products, The League of Arizona Cities and Towns, Foundation for Burns and Trauma, Phoenix Society for Burn Survivors, Common Voices, Allstate Insurance, and numerous cities, towns, and fire departments. For more information, contact Ryan Harper or other members of the Triadvocates team at 602-229-5500. Regular Council Meeting -April 7, 2009 -Page 108 of 116 ~. - ..::.' ~ ~'. DEVELOPMENT IMPACT FEES Cities and towns uti I ize development impact fees (~I Fs) to limit the burden of new growth on existi ng taxpayer s. They are carefully calculated fees that attribute a cost of providing basic infrastructure to new construction.Thisfnct sheet answers many comrnail questions associated with this important tool. What are DIFs used for? DIFs are used to provide necessary public services to new residents-they are limited by statute to capital expenses and their associated costs:°For example, land purchases, building'-design, construction, equipment and vehicles are all part of ~r die?~1 f~,re service to a new area and can be funded through DIFs. However, operating and maintenance costs cannot be funded through this mechanism. How are DI's calculated? State law requires that development fees kiear a reasonable relationship to the additional services burden imposed by new development Citit=sand towns demonstrate this relationship in a numberof ways.An Infrastructure Improvemenu Plan (IIP) must contain short-term and long-term projected capita! improvements, as well as forecast the costs associated with those improvements. D#Fs can only be assessed to pay for items that are included in the IIP. Amendments to the IIP are similar to the fee amendment process outlined below. Can cities and towns increase these fees at any time? 1 ~ ~~ipr~se rrsr : ~ _~9ided fees, cities and towns must follow a lengthy and detailed public process. Based on statutory posting requirements,a process shorterthan 9 months is impossible. After the months required to contradfora professional feeatudy,a written report on the proposed fees is released. Nu sooner than 60 days later,the city rni~st hold a public hearing ortthe fee proposal and-.there must be at least 30 days between the hearing and actual adoption of the fees. After adoption, the fees do not become effective for 75 days. l his lengthy time frame-insisted on by the homebuilders-essentially requires that DIFsbe at least one year behind at all times (the fee is calculated at the beginning ofthe process and construction Costs typically increase dramatically in that time). Furthermore;theoxpense of additional DIF studies s'a disincentive for cities to adjust their fees more often than every Z-3 years. The combination of these two factors sometimes results in fairly large increases.DlF legislation from 2007 provided cities and towns with an important indexing tool that may help level the fee adjustments. The provision allows DIFs to be adjusted annually based on one or more nationally recognized indices. Can DIFs be used for general fund`revenue? No! Arizona law is very clear about this issue. DIFs must be placed in separate funds,accounted for separately and can only be used for capital improvements associated with new growth. The law even requires that fees must be used for the same type of service forwhich they are collected. For example,transportation fees cannot be used to build parks. Interest accrued on DIF fund balances is credited back tothe fund, nottothe general fund. How do we know cities are following the law? Cities and towns that levy impactfees are required by State law to issue an annual report that accounts forthe collection and s~c;t - ~~~ , r `~~ coy dpt ~ '~ .:~:~_ -!,<; r ~ ` seal year and be made available to the public If a city does not create a report,it may not collect any DIFs until the report is Complete. The report must include the: -amount assessed for each type of DIF - beginning and ending balance of each DIF fund - amount of interest earned on each fund - amount of DIF monies used to repay bonds andlor monies advanced by the city to build the infrastructure -amount spent on each capital improvement that was subject to a DIF and the location of the improvement. Regular Council Meeting -April 7, 2009 -Page 109 of 116 Questions? Give us a call: 602-258-5786 IN THIS ISSUE Legislative Action ...................... 1 Urban Revenue Sharing Discussion .................................. 1 Governor Brewer Announces Policy Advisor for Local Government ............................... 1 Economic Stimulus Update ....... 2 NLC Conference in Washington DC .................................:............ 2 Impact Fee Bill Held on House Floor ........................................... 3 Legislative Days ........................ 3 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 Bulletin Issue 11-March 20, 2009 LEGISLATIVE ACTION Only a handful of legislative committees met this week. There were a couple of floor sessions, but no bills of particular relevance to cities and towns were on those calendars, as the impact fee bill was held. Both chambers spent a fair amount of time on the issue of school personnel contracts. Today marks the 68`1' day of the 49~' Legislature, First Regular Session. The budget revision for Fiscal Year 2009 is the only bill signed by the Governor out of the 1,098 dropped. The Legislature's focus remains examining the federal stimulus package and formulating the FY 2009-10 budget. URBAN REVENUE SHARING DISCUSSION On Wednesday, the Senate Finance Committee had a scheduled presentation on urban revenue sharing. But after a long wait, Senate Finance Committee Chair Jim Waring (R-Phoenix) cancelled the hearing due to a lengthy discussion on school personnel contracts in the Senate Appropriations Committee. These committees share several of the same members. The purpose of the presentation was to inform members who were unfamiliar with the concepts of shared revenue. The League was prepared to testify. As of now the presentation is re-scheduled for next Wednesday, March 25, at 1:30 p.m. in Senate Hearing Room 3. GOVERNOR BREWER ANNOUNCES POLICY ADVISOR FOR LOCAL GOVERNMENT On Thursday, Governor Jan Brewer appointed Page Gonzales as her Policy Advisor for Local Government, including cities and towns. Ms. Gonzales has been a presence at the State Capitol for 13 years. Prior to her appointment, she worked as Director of State Relations and Associate Director of Government Relations for the Maricopa Community Colleges. She has also served as Legislative Officer for the Administrative Office of the Courts at the Arizona Supreme Court, organizing legislative priorities and acting as liaison between the Courts and the Legislature. Ms. Gonzales has also represented Maricopa County as Legislative Liaison, researching and advocating for the County on its most pressing issues. Before her time at the County, she worked at the Arizona House of Representatives as Assistant Research Analyst and Constituent Services Coordinator. Regular Council Meeting -April 7, 2009 -Page 110 of 116 March 20, 2009 Governor Brewer Announces Policy Advisor for Local Government (cont.) Throughout her career she has served on several subcommittees, including the Greater Phoenix Chamber of Commerce Government Relations and Education subcommittees and the Government Relations subcommittees for both the Tempe Chamber and the East Valley Partnership. A native of Arizona, she received her Bachelor of Science in Justice Studies from Arizona State University, and is finishing her Masters in Public Administration, also at Arizona State University. Governor Brewer said, "I am thrilled to have Ms. Gonzales join my staff. Her proven ability to develop policy and advocate for issues facing local entities will be essential to my administration and the citizens of Arizona." ECONOMIC STIMULUS UPDATE Governor Jan Brewer has a new website to track and report on the economic stimulus dollars that are coming to Arizona: http://az.gov/recover~ndex.html. It is intended to be a "one stop" resource for information on stimulus funding in the state. Additionally, the League's City and Town Funding Book has been updated several times in the last week: http://www.azleague.org/pdf/stimulus ct funding_bo ok.pdf. The most recent update involves a new program through the Department of Justice's Bureau of Justice Assistance regarding assisting local law enforcement and community groups along the southern border with controlling violence triggered by the illegal narcotics trade. The Bureau issued guidelines for applying for the program yesterday which can be found at this website: http://www.ojp.usdoj. gov/BJA/recoverv/Recover~u thernBorder.p„df Arizona will be eligible to receive nearly $2 million for a program through Health and Human Services (HHS) that will help fund senior nutrition programs. The money will come to the state and be awarded to local organizations that provide nutrition services in their communities. A news release on the program can be found here: h_ttp://www.hhs. goy/news/press/2009pres/03/2009031 8a.html While not directly a part of the American Recovery and Reinvestment Act (ARRA), new guidelines have been released for homeowners who want to take advantage of the Making Home Affordable program through the Department of Housing and Urban Development. This Regular Council Meeting - pril 7, 2009 -Page 111 of 116 is the program President Obama announced during his visit to Mesa last month. The program's website includes astep-by-step calculator to help individual homeowners determine if they qualify for the program. It would be useful for you to include this information in city websites and newsletters. Here is the address for the website: http://www.makinghomeaffordable.gov/ Remember that Jim Apperson in the Governor's Office of Strategic Management and Budget is assembling a comprehensive list of all the Arizona projects that are seeking stimulus funds. His email address is: jap en rson(c~azg~v. If you are applying for stimulus funds for a particular project, please forward a copy of it to that email address.. While his office is tracking the spending of stimulus funds in Arizona, you will still need to apply directly to whichever state or federal agency is making~erants or releasing funds for amour ~ecific projects. NLC CONFERENCE IN WASHINGTON D.C. About 75 delegates from Arizona attended the annual Congressional Cities Conference ofthe National League of Cities this week in Washington D.C. Much of the program focused on the economic stimulus legislation and how local officials can take advantage of it. Attendees were addressed by a number of cabinet officials from the Obama administration including Attorney General Eric Holder, Transportation Secretary Ray LaHood, Energy Secretary Steven Chu, HUD Secretary Shaun Donovan and former Arizona Governor, now Secretary of Homeland Security Janet Napolitano. Each speaker talked about the federal stimulus program and how local governments need to be partners with the federal and state governments to accomplish the goals of getting funds spent quickly but wisely onjob-producing or job-saving projects. There was a great deal of emphasis on the need for accountability and transparency for use of the funds. Speakers noted that there are strict requirements for documentation of the number of jobs created. or preserved. They also emphasized that, while projects need to be started within a short period of time, they also have to be carefully selected for their positive impact on the community. If you were unable to attend the conference, you can watch the general session speakers on NLC-TV on your PC by going to this website: http://www.nlctv.org/events/ccc2009/090314/ On the final day of the conference, the Arizona delegation was able to spend an hour with our two U.S. Senators-John McCain and Jon Kyl. They responded to a number of questions about the economic stimulus package, water and transportation legislation and March 20, 2009 NLC Conference in Washington DC (cont.l immigration reform. They also discussed HR 413, which is this year's version of a bill that would preempt all state regulation of police and fire department collective bargaining laws and mandate it for every city and town. Opposition to this legislation is the subject of a League Resolution this year. Both senators said they strongly opposed it. Also this year, former League President and Fifth District Congressman Harry Mitchell hosted an Open House in his congressional office for the Arizona delegates. The Congressman warmly greeted Mayors and Council Members from his home state and gave them a nice break consisting of cookies and coffee. We thank Congressman Mitchell for his gracious hospitality and for his strong support of cities and towns in Arizona. Senators McCain and Kyl address the Arizona NLC Delegation. IMPACT FEE BILL HELD ON HOUSE FLOOR Six weeks after it was heard in the House Commerce Committee, House Bi112259, the impact fee bill, made a brief appearance on the House floor in Committee of the Whole. Bills are often retained at this step if amendments are not ready. The bill sponsor, Representative Andy Biggs (R-Gilbert) asked that this bill be held because of some confusion about the League's amendment and we anticipate there will a small meeting to discuss any changes requested by the development community. The League will be part of that meeting and will bring any proposals back to the working group for comment prior to moving forward. We appreciate Representative Biggs' leadership on this issue and look forward to addressing at least this provision of the bill before it moves forward. It appears that budget issues are consuming most members' attention, while the rumors flying about an impact fee moratorium have quieted down dramatically. However, it is still important for your legislators to know what this would mean to your community. Just as each community utilizes impact fees differently, the overall impact on each city and town will be different. Particularly helpful to legislators is an overall view of your budget situation and what an additional demand for capital services without a mechanism to fund them would mean for your xtta~.ifai~cliit~ii ~~mui~ilfi~~iu~a~t~olf ~~iiessage together, please feel free to contact the League and we would be happy to assist you. LEGISLATIVE DAYS This past Tuesday, the City of Surprise held its Legislative Day with Senate President Bob Burns (R- Peoria) and Senator John Nelson (R-Litchfield Park) attending to have lunch and participate in a discussion of relevant issues. On Wednesday, the Tri-City Council, composed of Bullhead City, Kingman and Lake Havasu City, had its Legislative Day with President Burns, Speaker of the House Kirk Adams (R-Mesa), Senator Ron Gould (R-Lake Havasu City), and Representatives Tom Chabin (D-Flagstaff), Doris Goodale (R-Kingman) and Nancy McLain (R-Bullhead City) joining the mayors and councils for lunch. The group had good discussions on numerous issues with the budget and revenue sharing at the top of the agenda. The League is appreciative of the opportunity to host these gatherings. It is so important for local officials and state legislators to get the chance to talk with each other about common issues. Please let us know if you would like to schedule a Legislative Day. March 20, 2009 The Weekly Spotlight - Representative Doris Goodale This week we focus on Representative Doris Goodale, (R-Kingman). A native of Arizona, Mrs. Goodale was born in Tucson and raised primarily in Kingman, graduating from Mohave County Union High School in 1967. Following high school, she attended Phoenix College and Arizona State University. Her career with Mohave County began in 1971, with the Mohave County Sheriff s Department. In 1973, she joined the Mohave County Probation Department, beginning a 34-year career with Mohave County that included more than 22 years in management. Representative Goodale has served on several statewide committees relative to probation services, including being a member of the committees that developed the origin of Intensive Probation Supervision Program in Arizona .and the Educational Sub-Committee for Curriculum, an oversight committee to review and approve all educational curricula taught to all levels of probation departments in Arizona. She also was elected to the Kingman Elementary School District Governing Board in 1988, and continued to serve on the recently merged Kingman Unified School District, where she was elected five times. She retired from the school board after serving 18 years. In 2005, she was recognized for educational leadership in Arizona by being named to the 2005 "All State School Board," an award given by the Arizona School Boards Association that honors outstanding school board members in the state. A strong believer in civic duty and volunteerism, Representative Goodale has served on numerous civic organizations. In 1995, she was honored to be the recipient of the first "Andy Award" for "Citizen of the Year" by the Kingman Chamber of Commerce. In 2006, she was awarded the "Mohave County Women Making History Award." Presently, she is a board member on the Kingman Community Methamphetamine Coalition; Vice Chair for the Mohave Substance Treatment, Education Prevention Partnership (MSTEPP); as well as a board member and Publicity Chairperson of the Kingman ~~~ ci[JI g~tin~h@grgl ~I~@o~ b~~i8~ for the Kingman Partnership for Children with Special. Needs, a member of the Kingman Republican Women's Club and sits as Chairman for the Educational Committee. Goodale is a member of Manzanita Baptist Church, prior Sunday school teacher and on the Pulpit Committee to seek a new pastor. She is a founding member of the Kingman Community Vision group. She has been married to Bill Goodale for 33 years. They have two adult children, Stephanie and Michael; two step daughters, Beth Randrup and Jennifer Goodale; and three grandchildren, Phillip, Logan and Dustin. She is Vice Chair of the Education Committee, and a member of the committees on Health and Human Services and Water and Energy. What prompted you to seek legislative office? I have long thought about running for office. I am a strong community advocate and work to improve our cities and communities. My career for 33 years was with the Mohave County Probation Department, Assistant Chief Probation Officer, as a public service officer and I believe being in the legislature is an extension of my public service to the state. What's your proudest legislative achievement? For new members, what do you hope to accomplish? My strongest desire is to right size state government and to reconcile state expenditures with state revenues. I believe all departments should be reviewed for program and financial audits to justify funding with state dollars. How can the state government and local governments be better partners? I am a strong believer in collaboration; as Confucius said, "many hands make light work." I believe it all begins with communication and breaking down our individual silos, and working for the larger good of local governments and the state. What kinds of things do you do to relax -favorite music, books, etc? I love sports: passionate ASU football fan, love the Phoenix Suns (TV, satellite radio or in person; I rarely ever miss a game), crazy about the Diamondbacks and how about those Arizona Cardinals. I enjoy attending opera, musicals or theater; listening to Andrea Bocellii, Pavarotti, Michael Crawford, (I love tenors) Madeline Peroux and spending time with my family in Kingman. Thank you for your time. Thank you for the opportunity. March 20, 2009 IN THIS ISSUE Legislative Standstill ..................... 1 Committee Discusses Urban Revenue Sharing ............................ 1 Website Postings ............................ 2 Bill Ending State Photo Enforcement Passes Committee .......................... 2 Federal Stimulus Grants Available For Alternative Energy Projects .... 2 Weekly Spotlight ........................... 2 Legislative Bulletiu 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 forwazd your a-mail request to: csmith-humphrey@azleague.org Bulletin Issue 12 -March 27, 2009 LEGISLATIVE STANDSTILL Most House and Senate committees continued to NOT meet this week. Most will continue not to meet next week as well. Legislative leaders from both chambers are still working on the FY 2009-10 budget. Senate President Robert "Bob" Burns (R-Peoria). has yet to let anon-budget bill go to a committee because he wants the senators' full attention on the budget and doesn't want to get into vote-swapping arrangements with other bills and the budget. Budget proposals and options continue to float out from the Capitol, but not many proposals seem to have much traction at this point. The state deficit remains so severe that legislators will either have to opt for draconian budget cuts to many state programs, including education and health care, or seriously consider a temporary tax increase. From our perspective, we remain focused on protecting revenue sharing first and foremost. We'll let you know more details about the budget when they become available. COMMITTEE DISCUSSES URBAN REVENUE SHARING An informational hearing Wednesday in the Senate Finance Committee gave members an opportunity to learn about Arizona's Urban Revenue Sharing system. The Committee, chaired by Senator Jim Waring (R-Phoenix), included an overview of the program and its history from committee staff. League Executive Director Ken Strobeck was invited to respond to questions from committee members. The staffpresentation discussed the creation of the program as the result of a 1972 ballot initiative that also preempted cities and towns from imposing their own local income tax and prohibited several other excise taxes. Staff also gave a history of the distribution percentages and amounts. In his comments, Director Strobeck explained the reason for the two-year lag in distribution of funds and noted that increases and decreases in the fund directly mirror the same experience of the state in income tax collections. "Cities and towns are operating in exactly the same economy that is affecting state tax collections," he said, "When cities and towns are successful and prosperous, so is the state." He also discussed the efforts of municipal leaders to promote a good local business climate that attracts businesses and steady employment to their communities. Some members expressed support for tax reform at the state level that will make Arizona more competitive with our neighboring states. Regular Council Meeting -April 7, 2009 -Page 114 of 116 March 27, 2009 WEBSITE POSTINGS On Thursday, House Bi112253, the League Resolution on posting public notices on city websites, passed the House Committee of the Whole without dissent. Sponsored by Representative Russ Jones (R-Yuma), HB 2253 creates a study committee designed to look at the issues of public notices and their distribution. The committee will examine the existing statutes that require newspaper publication of legal or public notices by municipalities and counties and make recommendations for legislative action. The bill will now go on to a Third Read in the House. The League extends its gratitude to Rep. Jones for his steadfast efforts on this issue. BILL ENDING STATE PHOTO ENFORCEMENT PASSES COMMITTEE House Bill 2106, sponsored by Representative Sam Crump (R-Phoenix), was amended in the House Appropriations Committee by Representative Andy Biggs (R-Gilbert) to place several restrictions on photo enforcement on state highways, including a repeal of the state's photo enforcement contract by September 2010 (when the current contract with Redflex expires). The amendment includes provisions to require any local government that photo enforces on state highways to take over ownership and maintenance of that roadway, in order to prevent another program like the Scottsdale pilot program on the Loop 101. While the bill is aimed at the state program, it could impact speed enforcement programs that many cities and towns utilize on state highways that run through their jurisdiction. Reps. Crump and Biggs are working with the League to clarify the bill on the floor in order to protect city photo enforcement programs generally and on state highways where the city or town maintains that portion of the highway. FEDERAL STIMULUS GRANTS AVAILABLE FOR ALTERNATIVE ENERGY PROJECTS League staff attended a stakeholders meeting this week with representatives from the biofuels industry, the Department of Commerce and the Clean Cities Coalition. At issue are the block grants available to cities, counties and tribes from the American Recovery and Reinvestment Act of 2009 (ARRA) to fund efforts to .reduce fossil fuel emissions, reduce total energy use and improve the energy efficiency in the transportation and construction sectors. tThhe 1Arizona Departmmelnt of Cofmmerce also announced `Regular ~ou ci~l~ee~ing - Apn~l~ 2~d9tl~agf~ ,~onies to implement the Arizona biofuels conversion program found in Arizona Revised Statutes section 41-1515.01, enacted last year and proposed by Representative Tom Boone (R-Peoria). This allows the program to move forward with funding very quickly, and also allows the local governments to work with the Energy Office on other grant proposals. For more information about the federal grants available to cities and towns for alternative energy projects, please contact League Legislative Director Jeffrey Kros at 602-258-5786. The Weekly Spotlight Representative Anna Tovar This week we focus on Representative Anna Tovar (D-Tolleson). A life-long Tolleson and West Valley resident, Representative Tovar is the newest member of the House, as she was appointed to replace Steve Gallardo in District 13. A teacher for five years, Ms. Tovar served on the Tolleson Council for seven and a half years and was Vice a half years until her recent As a teacher and mother, the representative understands the issues demanding immediate attention such as schools and hospitals, infrastructure needs, job and housing losses, and a declining economy. Representative Tovar has been at the forefront of diverse projects that have brought revenue and job growth to her city. The completion of roadway construction, attracting commercial and retail businesses to the area, advocating for new housing developments, promoting environmentallyfriendly programs and working to build new police and fire stations are just a few of her accomplishments. She is proud of her roots in Arizona, proud to be a product of the public school system and proud to give back as a teacher, mentor and leader in her community. Representative Tovar believes that while there are challenges ahead of us, now more than ever, everyone needs to band together for the greater good of the people of Arizona. Representative Tovar is dedicated to making sure members of the community feel included in the public March 27, 2009 Mayor for two and appointment. process, and to informing and educating constituents when tough decisions are being made or when compromise is the better path. She believes that we must do everything we can to work together towards a brighter and stronger Arizona. Representative Tovar and her husband Carlos, have two sons, 14-year-old J.C. and nine-year-old Xavier. She is a member of the House Judiciary and Government Committees. What prompted you to seek legislative office? Throughout several generations in my family, we have been very active in our community. My grandparents, for example, opened a store in Tolleson 50 years ago. My parents worked in the community and I served on the Tolleson City Council for almost eight years. I wanted to continue to be a voice for the people of my district and represent them to the best of my ability. The people of District 13 are facing the same challenges as people across Arizona. They want to protect jobs and education in our state, they are facing high foreclosure numbers, and they want to make sure their children are healthy and educated. These are their priorities and they are the right priorities for Arizona. What's your proudest legislative achievement? For new members, what do you hope to accomplish? I am proud just to be serving in the legislature. I also was happy to fmd out that I'm the first female legislator from Tolleson in Arizona history. During this session, I was proud to have been a prime sponsor of a bill that will protect further against graffiti by elevating the crime of criminal damage in an amount of $250 or less to a Class 1 misdemeanor. As I serve, I also will work in a bipartisan way to protect jobs, education and health care for our state's children and middle-class families. Regular Council Meeting -April 7, 2009 -Page 116 of 116 How can the state government and local governments be better partners? I served in local government for almost eight years as a councilwoman and Vice Mayor of Tolleson, and I will work hard to make sure state and local governments work hand in hand so we can serve our state efficiently. Part of that includes having the knowledge of how local governments operate. Knowing and understanding a city's priorities is essential to serving in the legislature. I also think better communication between what happens at the state level and at the city level is important to further relationships and get the job done. What kinds of things do you do to relax favorite music, books, etc? I love spending time with my family and friends. I especially love to watch my sons play basketball. Thank you for your time. Thanks for the opportunity. March 27, 2009