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08/04/2009 AMENDED Regular Council Agenda Packet
~~1~ d~~ Amended on 7/29/2009 at 2:00 p. m. -REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, August 4, 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_tu_r_n off or~ut 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 -August 4, 2009 -Page 1 of 98 Agendas Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online at ~~•~~~~~~.mat~~,na.cc~rn, 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, August 03, 2009, 7:00 PM, at the Marana Municipal Complex, the Marana Operations Center and at ~~lw~~ .m~trana.~c~~n under Town Clerk, Agendas, Minutes and Ordinances. REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE APPROVAL OF AGENDA CALL TO THE PUBLIC At this time any member of the public is allowed to address the Town Council on any issue not already on tonight's agenda. The speaker may have up to three minutes to speak. Any persons wishing to address the Council must complete a speaker card located outside the Council Chambers and deliver it to the Town Clerk prior to the commencement of the meeting. Pursuant to the Arizona Open Meeting Law, at the conclusion of Call to the Public, individual members of the council may respond to criticism made by those who have addressed the Council, may ask staff to review the matter, or may ask that the matter be placed on a future agenda. PRESENTATIONS P 1: Presentation: Relating to Development; presentation of proposed rezoning and development agreement for the Marana Mercantile project at Interstate 10 and Marana Road (Frank Cassidy) P 2: Presentation: Relating to Personnel; discussion and consideration of proposed amendments to the Town's Personnel Policies and Procedures, revising Chapter 5 -Work Rules, Policy 5-7 -Personnel Action Review Board (PARB) (Suzanne Machain) ANNOUNCEMENTS/UPDATES PROCLAMATIONS Brick Paver Dedication Employee Appreciation Week MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS STAFF REPORTS Regular Council Meeting -August 4, 2009 -Page 2 of 98 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. 2009-122: Relating to Community Development: approving and authorizing Intergovernmental Agreements with Pima County, the City of Tucson, and the Regional Transportation Authority of Pima County'for sharing of cost involved in the provision of public transit services to the Town of Marana for fiscal year 2009-2010 (T VanHook) C 2: Resoluto_n_No. 2009-123: Relating to the Marana Municipal Airport; approving and authorizing the Town Manager to execute a grant amendment to FAA 3-04-0058-14-2006 increasing the maximum obligation of the Federal Aviation Administration by $751,188, from $5,007,921 to $5,759,109; and declaring an emergency (T VanHook) COUNCIL ACTION A 1: Resolution No. 2009-124: Relating to Facilities; authorizing the naming of the stables at the Marana Heritage Park the "Brad DeSpain Stables" (Jocelyn Bronson) A 2: PUBLIC HEARING: Resolution No. 2009-120: Relating to Development; confirming the Marana Planning Commission's decision approving a significant land use change to allow the retail sales and rental of construction and farming equipment by the Earhart Equipment Corporation at 13968 North Adonis Road (Lisa Shafer) A 3: Resolution No,_2009-125: Relating to Mayor and Council; cancelling the September 1, 2009 regular Council meeting (Jocelyn Bronson) BOARDS, COMMISSIONS AND COMMITTEES B 1: Ordinance_No. 2009.17: Relating to Land Development; amending Title 2 of the Changed Town of Marana Land Development Code, section 02.02.01, relating to Planning Commission membership; and declaring an emergency (Cedric Hay) B 2: Ordinance No. 2009.18: Relating to Boards, Commissions and Committees; Changed amending chapter 2-6 of the Marana Town Code, specifically sections 2-6-2 and 2-6-3 relating to membership and appointments to Citizen Advisory Commissions; and declaring an emergency (Cedric Hay) B 3: Resolution, No. 2009-126: Relating to Boards, Commissions and Committees; approving procedures regarding membership, appointment and operation of Citizen Advisory Commissions; and declaring an emergency (Deb Thalasitis) ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Legislative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature (Steve Huffman) EXECUTIVE SESSIONS Regular Council Meeting -August 4, 2009 -Page 3 of 98 E 1: Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. E 2: Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), discussion or consultation for legal advice with the Town's attorneys and discussion and to consider its position and instruct the Town Manager and staff concerning possible acquisition of certain water infrastructure and accounts and water rights and/or resources E 3: Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), discussion or consultation for legal advice with the Town's attorneys and discussion and to consider its position and instruct the Town Manager and staff concerning (1) the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008-00 1 1 3 1, (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. § 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 Camino de Marana & Dove Mountain Extension project, CIP number 2001-052, from the parcels of property generally identified as Pima County Assessor's parcel numbers 216-02-0150, 216-26-003A and 216-23-0720 E 5: Executive session pursuant to A.R.S. § 38-431.03(A)(4) to consider the Town's position and instruct the Town's attorneys regarding a potential settlement of the case entitled Town of Marana v. Morrison, Pima County Superior Court No. 020080781, involving the exercise of the power of eminent domain to acquire a waterline easement from property located at 10210 North Silverbell Road 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 -August 4, 2009 -Page 4 of 98 N~A~~A~~ ~.~~ ~ ~ ~~. r~~ r..x. 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, August 4, 2009, 7:00:00 PM To: Mayor and Council From: Frank Cassidy ,Town Attorney Strategic Plan Focus Area: Commerce Item P 1 Subject: Presentation: Relating to Development; presentation of proposed rezoning and development agreement for the Marana Mercantile project at Interstate 10 and Marana Road Discussion: The Marana Mercantile project is a proposed regional retail shopping center containing approximately 280,000 square feet on about 39 acres of land located on the northwest corner of Marana and Sandario Roads at Interstate 10. The Marana Mercantile project will dedicate land from the site as necessary to accommodate the new downtown Marana roadway infrastructure in the vicinity of the project, which is referred to in the development agreement as the "Required Roadway Improvements." The Marana Mercantile project will also construct the Required Roadway Improvements, to the extent they are not already in place when building permits are pulled for the Marana Mercantile project. The Required Roadway Improvements are all of the following improvements: --Marana Road as a two-lane curbed roadway (with turn lanes and signalization as required by a Town- approved traffic impact analysis) from (but not including) the Marana Road/Interstate 10 interchange to the western boundary of the Marana Mercantile property. --Sandario Road as a two-lane uncurbed roadway (as approved by the Town Engineer) from Marana Road to existing Sandario Road. --Marana Main Street as a three-lane (one lane in each direction with a turn lane in the middle) curbed roadway (as approved by the Town Engineer) to connect Marana Road to existing Sandario Road. --Signalization of the Interstate-10 off-ramps at Marana Road, if required by the Town-approved traffic impact analysis. As presented today, the draft Marana Mercantile development agreement will reimburse 100% of the developer's costs, including interest, to construct the Required Roadway Improvements. The developer will be paid out of 45% of the retail sales taxes and 75% of the construction sales taxes generated from the project. The interest rate ranges from 5.5% to 4.0%, depending on when construction of the improvements begins (the sooner work is begun, the higher the interest rate). The developer's economic analysis indicates that the Marana Mercantile project could generate nearly Regular Council Meeting -August 4, 2009 -Page 5 of 99 $1.4 million in annual Marana sales tax at full build-out. The Marana Mercantile development agreement also addresses many other development-related issues. A copy of the agreement is included with these materials. If Mayor and Council are comfortable moving forward with the Marana Mercantile rezoning and development agreement, Town staff plans to bring a notice of intention to enter into the development agreement for Council adoption on September lst, and to bring the rezoning and development agreement for formal consideration at the Council's September 15th meeting. ATTACHMENTS: ~arn€°. l)escc°sptii>t~, ~1,~~pe: O hAarana Mercantile DA (o0f314953-4}.DCJC Craft Marana FJiercantile L~evelopmerat Agreement Backr~p Material o ~cz- 080'f3_Marana_Mercantile_Rezone Marana Mercantile Backup Material ~~~.pa~ ~ Mercantile {Jff-Site Transportation Impravements Map Required Raadway improvements Map Backup Material {O~g15932)PL~F Staff Recommendation: Commission Recommendation - if applicable: The Planning Commission considered the Marana Mercantile rezoning at its October 22, 2008 meeting, and voted unanimously 6-0 recommending approval. Suggested Motion: I move to direct staff to move forward with bringing back the Marana Mercantile rezoning and development agreement for formal Council consideration. Regular Council Meeting -August 4, 2009 -Page 6 of 99 MARANA MERCANTILE DEVELOPMENT AGREEMENT TOWN OF MARANA, ARIZONA This Development Agreement (this "Agreement") is entered into by and between the Town of MARANA, an Arizona municipal corporation (the "Town") and DTD-DEVCO 12, L.L.C., an Arizona limited liability company (the "Owner/Developer"). The "I'~~wn and the Owner/ Developer are collectively referred to in this Agreement as the "Parties,~~ and each is sometimes individually referred to as a "Party." RECITALS A. Owner/Developer was formed and exists for the purposes of owning and developing ap- proximately 39.09 acres of real property located within the corporate limit; of the Town (the "Property") B. Owner/Developer intends and desires to develop a regional retail shopping center on the Property containing approximately 280,000 square feet (the "Development"). C. The Property and the proposed Development are included in and subject to the provisions of the Marana Mercantile Rezoning (the "Nlarana Mercantile Rezoning"), approved by the Town concurrently with the date of this Agreement pursuant to Ordinance No. 2009._ D. The Property is legally described in Exhibit A att~clted to this Agreement. E. The Town and OwnerlDeveloper desire to establish certain agreements regarding the De- velopment pursuant to A.R.S. § 9-500.05 and certain agreements in connection with develop- ment activities for the economic benefit of the Town pursuant to A.R.S. § 9-500.11 upon and in accordance with the terms and conditions set forth inthis Agreement. F. The Development is consistent with the Town's long-term economic development strate- gies and is expected to create a soul~~:e of significant tax revenue for the Town for many years. G. The Developmentwill have a~substantial positive economic impact on the Town because it is expected to provide co'r-tmerciaf and retail service opportunities consistent with the busi- nesses targeted by the Town. I he facilities to be constructed as part of the Development are ex- pected to produce a significant number of new jobs and generate substantial sales tax revenues. Consequently, the short-term and long-term benefits of the Development will offset and signifi- cantly outweigh the costs of the reimbursements provided by the Town under this Agreement. H. The Development is in compliance with the Town's adopted and approved General Plan (as defined in A.R.S. ~ 9-461). I. The Town is authorized by A.R.S. § 9-500.05 to enter into a development agreement with a landowner or other person or entity having an interest in real property located within the Town to facilitate development of the property by providing for, among other things, the conditions, terms, restrictions, and requirements for development and public infrastructure and the financing of public infrastructure. {00014953.DOC / 4} 7/14/2009 2:06 PM MARANA MERCANTILE DEVELOPMENT AGREEMENT Regular Council Meeting -August 4, 2009 -Page 7 of 99 _ 1 J. In approving this Agreement, the Town Council has found and determined that certain ac- tivities relating to the Development are economic development activities within the meaning of A.R.S. § 9-500.11, that all expenditures by the Town pursuant to this Agreement constitute the appropriation and expenditure of public monies for and in connection with economic develop- ment activities and that it is appropriate to provide Owner/Developer with the reimbursement in this Agreement as an inducement to cause Owner/Developer to construct, own and operate the Development in the Town. K. The Town adopted a notice of intent to enter into this Agreement not less than 14 days be- fore the Town Council approved this Agreement, in compliance with A.R.S. § 9-500.11. L. The Town Council finds that the Development will raise more revenue for the Town than the amount of the reimbursements to the Owner/Developer within the duration of this Agree- ment. M. An independent third party not financed by the Owner/Developer has verified the Town Council's fmding that the Development will raise more revenue for the Town than the amount of the reimbursements to the Owner/Developer within the duration of this Agreement. N. The Town Council finds that in the absence of the reimbursements < o the Owner/ Developer provided pursuant to this Agreement, the Development would not locate in the Town in the same time, place or manner as it ~"r=l I with the reimbursements to the Owner/Developer. O. The Owner/Developer will incur out-of-pocket public infrastructure construction costs and will make certain contributions for public infrastructure in the immediate vicinity of and di- rectlybenefiting the Development. P. The Property is located in an area where the Town has determined that the existing public transportation infrastructure is inadequate, and where the Required Roadway Improvements, as defined in this Agreement, need to be constructed before the Development occurs, but to a large extent would be needed even if the Development does not occur. Q. Because the Required Roadway Improvements would to a large extent be needed whether or not the. Developlr~ent occurs, the. Town has determined that full reimbursement of any costs incurred by the Owner/Developer for the construction of the Required Roadway Improvements is both appropriate and nece~ s~lr}. R. The reimbursements t~> Ille Owner/Developer provided pursuant to this Agreement are in- tended to reimburse the OwnerfDeveloper for its out-of-pocket construction costs and contribu- tions and related interest and carrying costs for the Required Roadway Improvements, as de- scribed more specifically in this Agreement. AGREEMENT Now, TxEREFOxE, in consideration of the mutual promises made in this Agreement, the Par- ties agree as follows: Article 1. Background 1.1. Incorporation of the Recitals. The foregoing Recitals are incorporated here by this refer- ence. 1.2. Proposed Uses. The Development is a retail center planned to accommodate a range of differing but complementary retail-related land uses on an integrated and master-planned basis. {00014953.DOC / 4} 7/14/2009 2:06 PM MARANA MERCANTILE DEVELOPMENT AGREEMENT Regular Council Meeting -August 4, 2009 -Page 8 of 99 _ 2 _ Overall, the Development will create substantial additional sales tax revenues for the Town, will assist in the creation or retention of jobs and will otherwise improve or enhance the economic welfare of the residents of the Town by bringing customers to the Development from the Town and surrounding communities. Exhibit B attached to this Agreement is a conceptual description of the master site plan for the Development. This master site plan will be updated in accordance with paragraph 2.3.2 below. 1.3. Definitions. The following defmitions shall apply to this Agreement: 1.3.1. "Construction Sales Tax Revenues" mean those portions of the Town's transaction privilege taxes (currently 4%) generated pursuant to Section 8-415 or 8-416 of the Marana Tax Code from construction contracting or speculative builder activities occurring on the Property. 1.3.2. The "Development" is defined in recital B above and described in Exhibit B and in paragraph 1.2 above. 1.3.3. "Development Regulations" is defined. in paragraph 2.1 below. 1.3.4. "Initial Development Plan" is defined in paragraph 2.3.1 below. 1.3.5. "Initial Minimum Improvements" is defined i n paragraph 2.3.1 below. 1.3.6. "Interest" or"Interest Rate" means interest on the applicable obligation or sum (in- cluding the Total Reimbursement Amount) at the f~ll~~~~ in~_> rate per annum, compounded quarterly on the first day of each calendar quarter: 1.3.6.1. Five and a half percent (5.5%) if the Owner/Developer issues a notice to pro- ceed for the construction of the Required Roadway Improvements on or before December 31, 2012. 1.3.6.2. °~Five percent (5.0%) if the Owner/Developer issues a notice to proceed for the construction of the Required Roadway Improvements after December 31, 2012 but on or before December 3 I , 2013. '1.3.6.3. Fourand a half percent (4.5%) if the Owner/Developer issues a notice to pro- ceed for the construction of the Required Roadway Improvements after December 31, 2613 but on or before December 31, 2014. 13.C~.-I. Four percent (4.0%) if the Owner/Developer issues a notice to proceed for the construction of the Required Roadway Improvements after December 31, 2014. If at any time the construction halts for six consecutive months for any reason other than "force majeure" (paragraph 7.27 below), the Interest Rate shall be decreased one-half percent (0.5%) for each six-month period the delay continues; provided, however, that the Interest Rate shall not be reduced below four percent (4.0%). 1.3.7. The "Marana Mercantile Rezoning" is the rezoning for the Property, approved by the Town concurrently with the date of this Agreement pursuant to Ordinance No. 2009. (see recital C above), including all conditions and stipulations of rezoning and design guide- lines associated with it. 1.3.8. The "Owner/Developer" is defined in the introductory paragraph of this Agreement and in paragraph 2.6 below. {00014953.DOC / 4} 7/14/2009 2:06 PM MARANA MERCANTILE DEVELOPMENT AGREEMENT Regular Council Meeting -August 4, 2009 -Page 9 of 99 _ 3 _ 1.3.9. The "Property" is defined in recital A above and described in Exhibit A attached to this Agreement. 1.3.10. "Reimbursement Account" means a separate account within the Town's General Fund or accounted for by an appropriate book or ledger entry designation for the purpose of making Reimbursement Payments (see paragraph 4.2 below) 1.3.11. "Reimbursement Payments" is defined in paragraph 4.4 below. 1.3.12. "Required Roadway Improvements" means the design and construction of all of the following (subject to modification pursuant to Paragraphs 2.5 and 3.4 of this Agreement): 1.3.12. L Marana Road as a two-lane curbed roadway (~~ i th turn lanes and signaliza- tion as required by aTown-approved traffic impact anal sis) Ircnn (but not including) the Marana Road/Interstate 10 interchange to the westel-tl boundary of the Property. 1.3..12.2. Sandario Road as a two-lane uncurbed'roadway (as approved by the Town Engineer) from Marana Road to existing Sandario Road. 1.3.12.3. Marana Main Street as a three-lane (~~nr, lane in each direction with a turn lane in the middle) curbed roadway (as approved h~ the Town Engineer)rto connect Ma- rana Road to existing Sandario Road, currently estimated to be a distance of .42 miles but which shall in any event be no rifre than .46 miles, measured along its centerline. 1.3.12.4. Signalization of the lllter~tate-10 off-ramps at Marana Road, if required by the Town-approved traffic impact analysis. 1.3.12.5. Any additional improvements i« the li~regoing roadways, to the extent agreed upon by the Owner/Developer altd'th,;lowll. 1.3.13. "Required Roadway Improvement.. Costs" means all costs, expenses, fees and charges actually incurred and paid by or on behalfr~f Owner/Developer to contractors, archi- tects, engineers, surveyors, governmental agencies, other professionals and consultants, and other third parties for materials, labor, planning, design, engineering, surveying, site excava- tion and preparation, governmental permits and payments, payment and performance bonds, other professional services, and all other costs and expenses related or incidental to and rea- ~onably necessary for, the acquisition, improvement, construction, installation, or provision of the Required Roadwayhnprovements, together with all costs associated with the acquisi- tion of lands, rights-of--way and easements either to be dedicated to the Town or upon which Required Roadway Improvements are to be constructed; provided, however, that Required Roadway Improvement Costs shall not include the value of right-of--way dedicated by Owner/Developer from the Property or any finance or interest costs incurred by Owner/ Developer in connection with the design and construction of the Required Roadway Im- provements. 1.3.14. "Sales Tax Revenues" means that portion of the Town's transaction privilege taxes (currently 2%) generated from the following activities occurring on the Property: 1.3.14.1. Amusements, exhibitions and similar activities pursuant to Section 8-410 of the Marana Tax Code. 1.3.14.2. Hotels pursuant to Section 8-444 of the Marana Tax Code. 1.3.14.3. Rentals pursuant to Section 8-445 of the Marana Tax Code. {00014953.DOC / 4 } 7/14/2009 2:06 PM MARANA MERCANTILE DEVELOPMENT AGREEMENT Regular Council Meeting -August 4, 2009 -Page 10 of 99 _ tI _ 1.3.14.4. Restaurants and bars pursuant to Section 8-455 of the Marana Tax Code. 1.3.14.5. Retail sales pursuant to Section 8-460 of the Marana Tax Code. References to sections of the existing Marana Tax Code shall include corresponding sec- tions of successor codes. 1.3.15. The "Shoofly" is a private shoofly detour road (two-lane curbed roadway as ap- proved by the Town Engineer) connecting the Interstate-10 Frontage Road and Marana Road and intersecting Marana Road directly across from Marana Main Street, open to and accessi- ble by the traveling public for so long as the Town Engineer reasonably determines it is re- quired for the safe operation of the Marana Road/Interstate-10 traffic interchange. 1.3.16. The "Total Reimbursement Amount" is defined in 'paragraph 4.1.1 below, and shall not exceed the Required Roadway Improvement Costs, plus Interest. Article 2. Development of the Property. 2.1. Development Regulations. The development of the Property shall be governed by the underlying zoning or land use designation and the standards provided for in the Marana Mercan- tile Rezoning, including the Owner/Developer's design and development standards and guide- lines, as clarified and supplemented by this Agreement. The Marana Development Code, includ- ing the written rules, regulations, substaitive procedures, and policies relating to development of land, adopted or approved by the Mayor and Council (collectively the "Marana Development Code") in effect on the effective date of the Marana Mercantile Rezoning shall apply to the ex- tent not covered by the Marana Mercantile Rezoning or this Agreement. In the event of any ex- press conflict, the terms of this Agreement and the Marana Mercantile Rezoning shall control over the Marana Development-Code. For purposes of this Agreement, the underlying zoning or land use designation shall mean 'ftall development, exclusive of voluntary limitations or restric- tions, under the controlling underlying zoning Orland use designation included in the Marana Mercantile Rezoning, and ifn~~t so covered, under tl~e Marana Development Code. Anything else in this Agreement to the c~~ntrary not~~~itlista.nding,the Town shall not apply any ordinances en- acted after the Effective Date of this ~~~~rc~~u~nt which impose special limitations or restrictions on the development of single user retail facilities in excess of a certain size limitation (such as 100,000 square feet or moreof retail space) for retail facilities on the Property. The immediately preceding sentence shall terminate on the tenth anniversary of the Effective Date of this Agree- ment. The requirements of this: paragraph are collectively referred to as the "Development Regu- lations." 2.2. Development Review. The Property shall be developed in a manner consistent with the Development Regulations and this Agreement, which together establish the basic land uses, and the densities, intensities and development regulations that apply to the land uses authorized for the Property. Upon the Owner/Developer's compliance with the applicable development review and approval procedures and substantive requirements of the Development Regulations, the Town agrees to issue such permits or approvals for the Development as may be requested by the Owner/Developer. 2.3. Initial Development Plan. As a condition precedent to the Owner/Developer's right to receive and the Town's obligation to make Reimbursement Payments under Article 4 of this Agreement, and not as a separate obligation, the Owner/Developer shall prepare and submit to the Town the following: {00014953.DOC / 4} 7/14/2009 2:06 PM MARANA MERCANTILE DEVELOPMENT AGREEMENT Regular Council Meeting -August 4, 2009 -Page 11 of 99 _ 5 _ 2.3.1. A development plan (the "Initial Development Plan") for the initial construction of the Development, consisting of at least 100,000 square feet of retail building space and re- lated parking, supporting infrastructure and amenities (the "Initial Minimum Improve- ments"). 2.3.2. An updated revised conceptual master site plan for the entire Development. 2.4. Minimum Construction Obli ation. As a condition precedent to the Owner/Developer's right to receive and the Town's obligation to make Reimbursement Payments under Article 4 of this Agreement, and not as a separate contractual obligation, the Owner/Developer shall obtain building permits for and begin construction of the Initial Minimum hmprovements in a manner consistent with the Initial Development Plan. 2.5. Marana Main Street Right-of-Way Acquisition. The Town agrees to timely begin and diligently pursue the acquisition of all right-of--way (the "Marana Main ROW") needed for the construction of the Marana Main Street improvements. (the "Marana MainImprovements") from Marana Road to Sandario Road (see subparagraph 13.12.> above). If the Town fails to acquire the Marana Main ROW by the time the Owner/Developer bed ins actual physical construction of the Initial Minimum Improvements, the Marana Main InlproveulCnts shall be permanently de- leted from the definition of Required Roadway Improvements, and shall not be required to be constructed by the Developer; provideci~,~,however, that the Owner/Developer shall, at least 180 days prior to actual physical construction of the Initial Minimum Improvements, give the Town written notice of the date Owner/Developer plansto begin actual physical construction of the Ini- tial Minimum Improvements. 2.6. Effect of Sale of a Portion of the Property. The Ow~ier/Developer anticipates that it will sell a portion of the Property to a third party soon after this Agreement is executed, and in any event before the obligations of the Owner/Developer under this Agreement are satisfied. Upon that event: 2.6.1. For purposes of the performance of the Owner/Developer's obligations relating to the Required Roadway Improvements and' the Shoofly, the term "Owner/Developer" shall jointly and severally include each and every owner of any portion of the Property. .2.6.2. For purposes-of entitlement to receive Reimbursement Payments under Article 4 of this Agreement, the "Owner/Developer" shall mean that owner of any portion of the Property who incurs the Required Roadway Improvement Costs. Article 3. Construction of the Required Roadway Improvements and the Shoofly 3.1. Timing of Construction of Required Roadwa~provements and the Shoofly. Construc- tion of the Required Roadway Improvements and the Shoofly must be substantially complete before the Town issues a certificate of occupancy for any structure on the Property. The Town's right to withhold certificates of occupancy is a contract right granted by this Agreement, and is granted notwithstanding any right of the Owner/Developer or its successors in interest to receive certificates of occupancy pursuant to the Marana building codes. 3.2. Owner/Developer's Public Roadway Improvement Obli atg ions. The Town shall not re- quire the Owner/Developer to construct, provide funding for, or contribute land at no cost for any public roadway improvements other than the Required Roadway Improvements and the Shoofly. {00014953.DOC / 4} 7/14/2009 2:06 PM MARANA MERCANTILE DEVELOPMENT AGREEMENT Regular Council Meeting -August 4, 2009 -Page 12 of 99 _ (~ _ 3.3. Required Roadway Improvements Construction and Reimbursement. In satisfaction of the Owner/Developer's public roadway improvement obligations under the Marana Mercantile Rezoning and as a condition precedent to receiving Reimbursement Payments under Article 4 of this Agreement, the Owner/Developer shall, in conjunction with its construction of the Devel- opment and in accordance with the State of Arizona and the Town public infrastructure construc- tion procurement laws and procedures: 3.3.1. Design and construct the Required Roadway Improvements and the Shoofly; and 3.3.2. Pay all Required Roadway Improvement Costs as they become due. 3.4. Effect of Prior Construction. The Owner/Developer shall not be required to construct the Required Roadway Improvements and the Shoofly if they are under construction by the Town or some other entity before the Owner/Developer obtains buildinb permits for construction of the Initial Minimum Improvements. However, since the purpose of this Agreement is to facilitate repayment of the Owner/Developer for costs associated with Owner/Developer's construction of the Required Roadway Improvements, this Agreement shall terminate if and when all of the Re- quired Roadway Improvements and the Shoofly arc completed by anyone other than the Owner/Developer (see paragraph 7.1 below). If some_ but not all; of the Required Roadway Im- provements and the Shoofly are under construction b~ the "1'bwn or some entity other than the Owner/Developer, the remainder of the Required Roadwt~ ~ I m hrovements and the Shoofly, as they may be modified pursuant to the next senten~c. shall be constructed by the Owner/Developer. In that event, the Town shall be authorized to expand or realign the Required Roadway Improvements and/or the Shoofly to the extent. reasonabl}~ necessary to accommodate additional capacity and alignment considerations resultin~~ from then-existing development. 3.5. Town Review and Approval of Plans. Except as expressly provided in this Agreement, the development and constnlct~n ~,f the Required Roadway Improvements is subject to the Town's normal plan submittal, rep icw and approval procedures and construction inspection re- quirements. Article 4. Toh~n Reimbursement to Owner/Developer 4.1. Reimbursement Amouni: The Town shall make Reimbursement Payments to the Owner/Developer for: 4.1.1. The Owner/Developer's Required Roadway Improvement Costs plus Interest (col- lectively, the "Total Reimbursement Amount"). 4.1.2. From. and after the commencement of construction of the Required Roadway Im- provements, Interest.. shall accrue on any unreimbursed portion of the Total Reimbursement Amount at the Inte>est Rate. This accrued Interest on the Total Reimbursement Amount shall be a portion of the Reimbursement Payments in paragraph 4.4 below. The Owner/Developer shall submit to the Town a quarterly statement showing the actual construction costs incurred and contributions paid to date for the Required Roadway Improvements. The Owner/Developer shall provide the Town with invoices or other backup information rea- sonably requested by the Town to confirm the accuracy of the Owner/Developer's quarterly statement of costs and contributions. 4.2. Reimbursement Account. The Town shall deposit into the Reimbursement Account 45% of the Sales Tax Revenues (see paragraph 1.3.14 above) and 75% of the Construction Sales Tax {00014953.DOC / 4} 7/14/2009 2:06 PM MARANA MERCANTILE DEVELOPMENT AGREEMENT Regular Council Meeting -August 4, 2009 -Page 13 of 99 _ 7 _ Revenues (see paragraph 1.3.1 above) as they are received from the Arizona Department of Revenue, beginning with the first such revenues generated from the Property and ending upon the earlier of the following: 4.2.1. The expiration of this Agreement. 4.2.2. When the Town has fully reimbursed the Owner/Developer for the Required Roadway Improvement Costs. Funds in the Reimbursement Account shall be reimbursed. to the Owner/Developer pursuant to paragraph 4.4 below. 4.3. Reimbursement from Other Sources If the Town receives any reimbursement (individu- ally or collectively, a "Third Party Reimbursement") for any portion of the Required Roadway Improvement Costs from any third party (by way of example, from any.. improvement district, capital improvement project, any other benefitted landowner, etc.), then the Town shall immedi- ately deposit such Third Party Reimbursement into the Reimbursement Account for distribution to Owner/Developer in accordance with the provisions of paragraph 4.4 below. 4.4. Reimbursement Payments. The Town shall pay to the Owner/Developerr~~ ithin the first 45 days of each calendar quarter all funds in the Reimbursement Account ("keimbursement Payments"), beginning the first calenda=quarterafter the later of (i) Town's issuance of the cer- tificate of occupancy for the last buildv~~.~ c~>nstructed as the Initial Minimum Improvements as shown on the Initial Development Plan (see paragraph 2.3.1 above) or (ii) the Owner/ Developer's satisfaction of all conditions precedent to receiving Reimbursement Payments as set forth in this Agreement. Any funds accrued in the Reimbursement Account but not yet disbursed to the Owner/Developer upon the expiration of this Agreemelt shall be paid to Owner/Developer within thirty days after the c~pir~lti.on of this Agreement. Reimbursement Payments shall be deemed to be made first on account of accrued and unpaid Interest and then on account of unre- imbursed Required Roadway Improvement Costs. 4.5. Owner/Developer Audit. Not more thar- .once each calendar year, the Owner/Developer may, at its own cost, audit Town ~.Ilrs tax returns and other appropriate financial records of the Town to assure prompt and accurate deposit into the Reimbursement Account of all revenues as required pursuant to this Agreement. 4.6. Annual Re o~rt. Within 45 days following the end of each Town fiscal year, the Town shall deliver to the OwnerlDeveloper areport of all Sales Tax Revenues generated by or attribut- able to the Development which have been utilized by the Town in determining the amount de- posited into the Reimbursement Account. 4.7. Limitations. During the Term of this Agreement, the Town shall not enter into any agreement or transaction which impairs the rights of Owner/Developer under this Agreement, including, without limitation, the right to receive the Reimbursement Payments and the proceeds of the Reimbursement Account in accordance with the procedures established in this Agreement. 4.8. Multiple Business Locations and Contractors; Release of Tax Information. Since con- tractors report their transaction privilege taxes on the basis of revenues for all construction work throughout the Town and since some businesses with multiple locations in the Town report their transaction privilege taxes on the basis of revenues for all their locations in the Town, rather than separately for each location, Owner/Developer shall require each such contractor to separately {00014953.DOC / 4} 7/14/2009 2:06 PM MARANA MERCANTILE DEVELOPMENT AGREEMENT Regular Council Meeting -August 4, 2009 -Page 14 of 99 _ 8 _ report transaction privilege taxes for construction activities occurring on the Property and shall require each such business to separately report transaction privilege taxes for transactions at its business located in the Development. The Owner/Developer shall exercise reasonable efforts to obtain from each such contractor and business a consent to release of tax information in a form reasonably acceptable to the Town. If the separate report required by this paragraph is not pro- vided to the Town, the Town shall make a reasonable estimate of the Sales Tax Revenues de- rived from the Development based on all information available to the Town, including informa- tion provided by the Owner/Developer, and the good faith certification by the Town's Finance Director shall be considered final and binding upon the Owner/Developer. The final certification of the Town's Finance Director shall be subject to all applicable laws that may prohibit or limit the dissemination or use of transaction privilege tax and related info,rrnation. Article 5. Owner/Devetoper's Payment of DevelopmcntImpact Fees 5.1. Water Impact Fees. The only Town development- impact fees adopted by the Town pur- suant to A.R.S. § 9-463.05 and currently applicable to the Development are the C~~ravity Storage and Renewable Water Resource Fee and the Water System Infrastructure Impart 1=e~, adopted by Marana Ordinance No. 2005.25. 5.2. Other Impact Fees. Except as specifically provided in the first sentence of paragraph 5.1 above, no surcharge, development feeor impact fees, exactions or impositions of any kind whatsoever for water, sewer, utilities, sirens or other transportation systems, parks, preserves, storm sewers, flood control, public safety or other public services orany other infrastructure cost or expense shall be chargeable to the Owner/Developer or to anyowner, lessee or occupant of the Development within the first 42 months after the Effective Date of this Agreement. Article 6. Cooperation and Alternative llispute Resolution. 6.1. Appointment of Representatives. To further the commitment of the Parties to cooperate in the progress of the Development, the Town and the Owner/Developer each shall designate and appoint a representative to act as aIlaisc~n between the Town and its various departments and the Owner/Developer. ,The initial representative for the Town (the "Town Representative") shall be the Planning Director, and the initial representative for the Owner/Developer shall be Gary El- bogen or a replacement to be selected by the Owner/Developer. The representatives shall be available at all reasonable times to discuss and review the performance of the Parties to this Agreement and the development of the Property. 6.2. Non-Performance; Remedies. If either Party does not perform under this Agreement (the "Non-Performing Party") with respect to any of that Party's obligations under this Agreement, the other Party (the ``Demanding Party") shall be entitled to give written notice in the manner prescribed in paragraph 7.29 below to the Non-Performing Party, which notice shall state the na- ture of the non-performance claimed and make demand that such non-performance be corrected. The Non-Performing Party shall then have (i) twenty days from the date of the notice within which to correct the non-performance if it can reasonably be corrected by the payment of money, or (ii) thirty days from the date of the notice to cure the non-performance if action other than the payment of money is reasonably required, or if the non-monetary non-performance cannot rea- sonably be cured within thirty days, then such longer period as may be reasonably required, pro- vided and so long as the cure is promptly commenced within thirty days and thereafter diligently prosecuted to completion. If any non-performance is not cured within the applicable time period set forth in this paragraph, then the Demanding Party shall be entitled to begin the mediation and {00014953.DOC / 4} 7/14/2009 2:06 PM MARANA MERCANTILE DEVELOPMENT AGREEMENT Regular Council Meeting -August 4, 2009 -Page 15 of 99 _ 9 _ arbitration proceedings set forth in this Article. The Parties agree that due to the size, nature and scope of the Development, and due to the fact that it may not be practical or possible to restore the Property to its condition prior to Owner/Developer's development and improvement work, once implementation of this Agreement has begun, money damages and remedies at law will likely be inadequate and that specific performance will likely be appropriate for the non- performance of a covenant contained in this Agreement. This paragraph shall not limit any con- tract or other rights, remedies, or causes of action that either Party may have at law or in equity. 6.3. Mediation. If there is a dispute under this Agreement which the Parties cannot resolve between themselves, the Parties agree that there shall be a forty-five day moratorium on arbitra- tion during which time the Parties agree to attempt to settle the dispute by nonbinding mediation before commencement of arbitration. The mediation shall be held under the commercial media- tion rules of the American Arbitration Association. The matter in dispute shall be submitted to a mediator mutually selected by Owner/Developer and the Tow». If the PartICS cannot agree upon the selection of a mediator within seven days, then within three days therealer the Town and the Owner/Developer shall request the presiding judge of the superior Court in and f~~r th.e County of Pima, State of Arizona, to appoint an independent rnediat~~r. ~Che mediator selected shall have at least five years' experience in mediating or arbitrating di>E~utes re~~ating to real~cstate develop- ment. The cost of any such mediation shall be divided equally between the Town and the Owner/Developer. The results of the mediation shall be nc~ut~inding on the Parties, and any Party shall be free to initiate arbitration after the moratorium. 6.4. Arbitration. After mediation, as provided for in thi, Article, any dispute, controversy, claim or cause of action arising out of or relating tothi~ .~~rcement shall be settled by submis- sion of the matter by both Parties to binding: arbitration in .accordance with the rules of the American Arbitration Association and the Arizona Uniform Arbitration Act, A.R.S. § 12-501 et seq., and judgment upon the award rendered by the arbitrator(s) may be entered in a court having jurisdiction. Article 7. General Terms and Conditions. 7.1. Term. This Agreementshall become effective upon its execution by all the Parties and the effective date of the resolution or action of the Town Council approving this Agreement (the "Effective. Date"). The term of this Agreement shall begin on the Effective Date and, unless sooner terlriinated by the mutual consent of the Parties, shall automatically terminate and shall thereafter be void for all purposes on the earliest of the following: (a) when construction of all of the Required Roadway Improvements is completed by an entity other than the Owner/Developer (see paragraph 3.4 above), (b) when the total amount of all Reimbursement Payments (see para- graph 4.4 above) equals the Required Roadway Improvement Costs plus Interest or (c) on De- cember 31 immediately following the twentieth anniversary of the Effective Date. If the Parties determine that a longer period is necessary for any reason, the term of this Agreement may be extended by written agreement of the Parties. 7.2. Waiver. No delay in exercising any right or remedy shall constitute a waiver of that right or remedy, and no waiver by the Town or the Owner/Developer of the non-performance of any covenant of this Agreement shall be construed as a waiver of any preceding or succeeding breach of the same or any other covenant or condition of this Agreement. 7.3. Attorney's Fees. If any Party brings a lawsuit against any other Party to enforce any of the terms, covenants or conditions of this Agreement, or by reason of any non-performance of {00014953.DOC / 4} 7/14/2009 2:06 PM MARANA MERCANTILE DEVELOPMENT AGREEMENT Regular Council Meeting -August 4, 2009 -Page 16 of 99 _ 10 _ this Agreement, the prevailing Party shall be paid all reasonable costs and reasonable attorneys' fees by the other Party, in an amount determined by the court and not by the jury. Nothing in the use of the word "lawsuit" in the preceding sentence shall constitute a waiver of paragraph 6.4 above, requiring disputes to be resolved by binding arbitration. 7.4. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterparts may be removed from the coun- terparts and attached to a single instrument so that the signatures of all Parties may be physically attached to a single document. 7.5. Headings. The descriptive headings of this Agreement are intended to be used to assist in interpreting the meaning and construction of the provisions of this Agreement. 7.6. Recitals. The recitals set forth at the beginning of this Agreement are hereby acknowl- edged, confirmed to be accurate and incorporated here by reference. 7.7. Exhibits. Any exhibit attached to this Agreement shall be deemed to hay r been. incorpo- rated in this Agreement by reference with the same f~~r~ ~ and effect as if fully pct lorth in the body of this Agreement. 7.8. Further Acts. Each of the Parties shall execute anJ del i ~ ur all documents and perform all acts as reasonably necessary, from time to-:time, to carry out' the matter contemplated by this Agreement. Without limiting the generality'ofthe foregoing, thee. Towri shall cooperate in good faith and process promptly any requests and applications for plat or permit approvals or revi- sions, and other necessary approvals relating to the Development. 7.9. Time Essence. Time is of the essence of each and every obligation by the Town and Owner/Developer under this Agreement. 7.10. Successors and Assigns. This Agreement 5h<i.ll inure to the benefit of and be binding upon the successors and assigns of .the Parties pursuant to A.R.S. § 9-500.05 (D). Owner/Developer shall retain the right to receive Reimbursement Payments as provided by para- graph 4.4 of this Agreement regardless of the status of title or ownership of any or all of the Property unless Owner/Developer expl•essly assigns its rights to receive the Reimbursement Payr~tents: No assignment, however, shall relieve either party of its obligations under this Agreement, except that an assignment by Owner/Developer in connection with the transfer of title to the Property shall relieve Owner/Developer of its obligations under this Agreement if the transferee agrees to be fully bound by the provisions of this Agreement. Any assignment by Owner/Developer shall be subject to the approval of the Town, which shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Owner/Developer may, without the Town's consent, assign this Agreement to any Affiliate of Owner/Developer, or any entity in which Owner/Developer or an Affiliate of Owner/Developer is a managing member or managing part- ner or any entity in which DTR1, L.L.C. OR DESERT TROON, LIMITED, L.L.C. are owners. As used in this paragraph, the term "Affiliate" means any entity under .common control with Owner/Developer. After assignment of rights as provided in this paragraph, the assignee shall receive the right to Reimbursement Payments under Article 4 of this Agreement to the extent of the assignment. 7.11. No Title Encumbrance. Notwithstanding the fact that this Agreement is being recorded in the Official Records of Pima County, it is intended that this Agreement shall not be an encum- {00014953.DOC / 4} 7/14/2009 2:06 PM MARANA MERCANTILE DEVELOPMENT AGREEMENT Regular Council Meeting -August 4, 2009 -Page 17 of 99 _ 11 - brance upon the title of any person or entity purchasing or owning a portion of the Property, and that the terms and conditions of the Agreement are not covenants running with the land and that no person or entity is bound by (or entitled to) the burdens and benefits of this Agreement unless the burdens are expressly assumed by or the benefits are expressly assigned to that person or en- tity. 7.12. Lender Provisions. Notwithstanding paragraph 7.10 above, the Town is aware that fi- nancing for development, construction, and operation of the Development may be provided, in whole or in part, from time to time, by one or more third parties (collectively, "Lender"), and that Lender may request a collateral assignment of this Agreement as part of its collateral for its loan to Owner/Developer. The Town agrees that such collateral assignments are permissible without the consent of the Town. In the event of non-performance by Owner/Developer, the Town shall provide notice of non-performance to any Lender previously .identified in writing to the Town at the same time notice is provided to Owner/Developer. If a Lender is permitted under the. terms of its agreement with Owner/Developer to cure the non-performance and/or to assume Owner/Developer's position with respect to this Agreement, the Town agrees t~~ recognize the rights of Lender and to otherwise permit Lender to assurnc such rights and obligations of Owner/Developer under this Agreement. Nothing contained itI this ;Agreement shall be deemed to prohibit, restrict; or limit in any way the right of a Lender t~ take title to all or any portion of the Property, pursuant to a foreclosure -oceeding, trustees sale. or deed in lieu of foreclosure. The Town shall, at any time upon request by Owner/Developcr or Lender, provide to any Lender an estoppel certificate, acknowledgement ut collateral assi_~nm~nt_ or ether document evidencing that this Agreement is in full force and effect, that it has not beelramended or modified (or, if appropriate, specifying the amendment or modification) and that no non-performance by Owner/Developer exists under this Agreement (or, if appropriate, specifying the nature and dura- tion of any existing non-performance) and certifying to such other matters reasonably requested by Owner/Developer or Lender. C~ pr~n request by a Lender, the Town will enter into a separate assumption or similar agreement with the Lender consistent with the provisions of this para- graph. 7.13. No Partnership... [t is not intended by this Agreement to, and nothing contained in this Agreement shall, create any partnership, joint venture or other arrangement between the Ownet•/Developer and the ~l`own. 7.14. Third Party Beneficiaries. No term or provision of this Agreement is intended to, or shall be for the benefit of and person, firm, organization or corporation not a party to this Agreement, and no such other person, firm, organization or corporation shall have any right or cause of action under this Agreement. Except as provided in paragraph 7.12 of this Agreement, this Agreement is made and entered into for the sole protection and benefit of the Parties and their permitted assigns, and no person other than the Parties and. their permitted assigns shall have any right of action based upon any provision of this Agreement. 7.15. Other Instruments. Each Party shall, promptly upon the request of the other, have ac- knowledged and delivered to the other any and all further instruments and assurances reasonably request or appropriate to evidence or give effect to the provisions of this Agreement. 7.16. Imposition of Duty by Law. This Agreement does not relieve any Party of any obliga- tion or responsibility imposed upon it by law. {00014953.DOC / 4 } 7/14/2009 2:06 PM MARANA MERCANTILE DEVELOPMENT AGREEMENT Regular Council Meeting -August 4, 2009 -Page 18 of 99 - 12 - 7.17. Entire Agreement. This Agreement, including the attached exhibits, constitutes the en- tire agreement between the Parties pertaining to the subject matter of this Agreement. All prior and contemporaneous agreements, representation and understanding of the Parties, oral or writ- ten, are hereby superseded and merged in this Agreement. 7.18. Amendments. No change or addition shall be made to this Agreement except by a writ- ten amendment executed by the Parties. The Parties agree to cooperate and in good faith pursue any amendments to this Agreement that are reasonably necessary to accomplish the goals ex- pressed in the final plats or development plans governing the Property and Marana Mercantile Rezoning as amended and superseded by this Agreement. Within ten days after any amendment to this Agreement, it shall be recorded in the office of the Pima County Recorder by and at the expense of the Party requesting the amendment. 7.19. Names and Plans. Subject to customary reservations'by the arcllit~.cts and other design professionals of copyrights to plans and specifications, the Owner/Devctc~per shall be the sole owner of all names, titles, plans, drawings, specifications, ideas, programs, ideas, designs, and work products of every nature at any time developed, formulated or prepared b~ ~~r at the in- stance of the Owner/Developer in connection with the Property or any plans; prop idcd, however, that in connection with any conveyance of portions of the intrastructure as provided in this Agreement such rights pertaining to the portions of the infrastructure so conveyed shall be as- signed to the extent that such rights are assignable, to the appropriate governmental authority. 7.20. Good Standing; Authority. The O~~~ner/Uwel~~per represents aiid warrants to the Town that it is duly formed and validly existing under the la«s ~~ f the state of Arizona and is authorized to do business in the state of Arizona. The: Tuwrl re~lresents and warrants to the Owner/Developer that it is an Arizona municipal corporation with authority to enter into this Agreement under applicable state laws. Each Party represents and warrants that the individual executing this Agreelent on its behalf is authorized and empowered to bind the Party on whose behalf each such individual is signin~~. 7.21. Severability. If any provision of this .Agreement is declared illegal, invalid or unen- forceable, in whole or in part. under present or future laws, it shall be severed from the remainder of this Agreement, which shall otherwise .remain in full force and effect. In lieu of the illegal, invalid or unenforceable provision. there shall be added automatically as part of this Agreement a provision a, similar in terms to the illegal, invalid, or unenforceable provisions as may be pos- sible and still be legal, valid. and enforceable, and this Agreement shall be deemed reformed ac- cordingly. Without limiting the generality of the foregoing, if all or any portion of the payments required by the terms of this Agreement are determined, by a court of competent jurisdiction in a final non-appealable judgment, to be contrary to public policy or otherwise precluded, the parties shall utilize their reasonable, best efforts to promptly restructure and/or amend this Agreement, or to enter into a new agreement to afford the Owner/Developer the economic benefits of this Agreement in light of the benefits to the Town. 7.22. Governing Law. This Agreement is entered into in Arizona and shall be construed and interpreted under the laws of Arizona, and the Parties agree that any litigation or arbitration shall take place in Pima County, Arizona. Nothing in the use of the word "litigation" in the preceding sentence shall constitute a waiver of paragraph 6.4 above, requiring disputes to be resolved by binding arbitration. {00014953.DOC / 4} 7/14/2009 2:06 PM MARANA MERCANTILE DEVELOPMENT AGREEMENT Regular Council Meeting -August 4, 2009 -Page 19 of 99 _ 13 - 7.23. Interpretation. This Agreement has been negotiated by the Town and the Owner/Developer, and no Party shall be deemed to have drafted this Agreement for purposes of construing any portion of this Agreement for or against any Party. 7.24. Recordation. The Town shall record this Agreement in its entirety in the office of the Pima County Recorder no later than ten days after it has been executed by the Town and the Owner/Developer. 7.25. No Owner/Developer Representations. Nothing contained in this Agreement shall be deemed to obligate the Town or the Owner/Developer to commence ~~r complete any part or all of the development of the Property. 7.26. Approval. If any Party is required pursuant to this Agreement to give its prior written approval, consent or permission, such approval, consent or permission shall not be unreasonably withheld or delayed. 7.27. Force Majeure. If any Party shall be unable to observe or perform an}~ covenant or con- dition of this Agreement by reason of "force majeure," then the failure to observe or perform such covenant or condition shall not constitute an event of non-performance under this Agree- ment so long as such Party shall use its commercially reasonable efforts to remedy with all rea- sonable dispatch the event or condition causing such inability and such event or condition can be cured within a reasonable amount of tins. "Force majeure ' as used in this paragraph means any condition or event not reasonably within the-control of such Party, inchtding without limitation, "acts of God," strikes, lock-outs, or other disturbances of employerlemployee relations; acts of public enemies; orders or restraints of any kind of government of the United States or any state or subdivision thereof or an~~ ~f their departments, agenoies, c~i• officials, or of any civil or mili- tary authority; insurrection_ civil .disturbances;.... riots; epidemics; landslides; lightning; earth- quakes; subsidence; fires; hurricanes; storms; droughts; floods; arrests, restraints of government and of people; explosions; and partial or entire failure of utilities. Failure to settle strikes, lock- outs and other disturbances of employer/employee''relations or to settle legal or administrative proceedings by acceding to the demandsof the opposing party or parties, in either case when such course is, in the judgment of such Pal-ty, unfavorable to a Party shall not constitute failure to use its best efforts to remedy such a condition. 7.28; Conflict of Interest.This Agreement is subject toA.R.S. § 38-511, which provides for cancellation of contracts in certain instances involving conflicts of interest. 7.29. Notices and Filings. All notices, filings, consents, approvals and other communications provided for in or gig en in connection with this Agreement shall be validly given, filed, made, transmitted or served 'if in writing and delivered personally, sent via overnight national courier, or sent by registered or certified United States mail, postage prepaid, if to (or to such other ad- dresses as any Party may from time to time designate in writing and deliver in a like manner): To the Town: Town Manager Town of Marana Marana Municipal Complex 11555 West Civic Center Drive, A3 Marana, Arizona 85653 {00014953.DOC / 4 } 7/14/2009 2:06 PM MARANA MERCANTILE DEVELOPMENT AGREEMENT Regular Council Meeting -August 4, 2009 -Page 20 of 99 _ 1tI _ To Owner/Developer: DTD-Devco 12, L.L.C. C/O DESERT TROON COMPANIES. 17207 N. Perimeter Drive, Suite 200 Scottsdale, Arizona 85255 with a copy to: CHESTER & SHEIN, P.C. 8777 North Gainey Center Drive, Suite 191 Scottsdale, Arizona 85258 Attn: David Shein, Esq. [Remainder of page intentionally left blank.] {00014953.DOC / 4} 7/14/2009 2:06 PM MARANA MERCANTILE DEVELOPMENT AGREEMENT Regular Council Meeting -August 4, 2009 -Page 21 of 99 - ZJC - IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date set forth below their respective signatures. TOWN: OWNER/DEVELOPER: THE TOWN OF MARANA, an Arizona municipal corporation By: Ed Honea, Mayor Date: ATTEST: Jocelyn C. Bronson, Clerk APPROVED AS TO FORM: DTD-DEVCO 12, L.L.C., an Arizona limited liability company By: DTR1, L.L.C., an Arizona limited liabil- ity company. Manager By: Name: Title: Date: Frank Cassidy, Town Attorney STATE OF ARIZONA) SS County of Maricopa) The_f~regoing instrument was acknowledged before me on by , the of DTRI,L.L.C., an Arizona limited liability company, Manager of DTD-DEVCO 12, L.L.C., an Arizona limited liability company , on behalf of the company. My commission expires: Notary Public {00014953.DOC / 4} 7/14/2009 2:06 PM MARANA MERCANTILE DEVELOPMENT AGREEMENT Regular Council Meeting -August 4, 2009 -Page 22 of 99 _ 1C _ LIST OF EXHIBITS A. Legal description of the Property B. Conceptual description of the master site plan for the Development {00014953.DOC / 4} 7/14/2009 2:06 PM MARANA MERCANTILEDEVELOPMENTRGREEMENT EXHIBIT LIST Regular Council Meeting -August 4, 2009 -Page 23 of 99 _ 1'] _ EXHIBIT A Legal description of the Property {00014953.DOC / 4} 7/14/2009 2:06 PM MARANA MERCANTILE DEVELOPMENT AGREEMENT Regular Council Meeting -August 4, 2009 -Page 24 of 99 EXHIBIT !~ EXHIBIT B Conceptual description of the master site plan for the Development (00014953.DOC / 4} 7/14/2009 2:06 PM MARANA MERCANTILE DEVELOPMENT AGREEMENT Regular Council Meeting -August 4, 2009 -Page 25 of 99 EXHIBIT B Marano Mercantile Rezone . ~-, ~.. = ~ ,_ _ CASE PCZ-08013 1/illages of Tortolita Specific Plan Area c o', ui _~ W SAGEBRUSH RCC> o z Subject Prope rty Q z S L an ucas Uptown at Marana ~pecfic Plan Area ~~~ ~ ~~~~ , ~ ~~ W MARANA RD Circle K °~ Marana Chevron a O 0 z d z VV i;RIER RD Request 0 700 1400 ft. 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 Marano provides this map information 'As Is' at the request 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 partyt, fodr any loss or direct, indirect, special,incidental or consequential damages, including but not limited to time, money or goodwill, arising from the user r ryo difLa t uncgf n " 'e o u a N l eti - Au ust 4 2009 - Pa a 26 of 99 ~j i ~'r ~ ~=1~ ~~ I' I I ~' ,~ . . »' r . ~ '` 'k ,, s i`~ V*"~ 1 a~~:;. ~,~ ~tiGf9(SJ 3gf41. I!'~IPOi. Cif Ak31 $~ri5~6Y1 1. ~3U1!'O~ENU6'[it9%L '7T71i111V17M~ 7YL~Bi W M7 4 OiOHHi W e9 YQ ~ ~ ~, r .... - i A- ..~ r >T u"t p'} ~ ~•~~ :s~ ¢a~ Y~~~ szy ~~~ "-~~' z~ „?`. ;' a~~~ ~~~ ~~~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, August 4, 2009, 7:00:00 PM To: Mayor and Council Item P 2 From: Suzanne Machain ,Human Resources Director Strategic Plan Focus Area: Progress and Innovation. Subject: Presentation: Relating to Personnel; discussion and consideration of proposed amendments to the Town's Personnel Policies and Procedures, revising Chapter 5 -Work Rules, Policy 5- 7 -Personnel Action Review Board (PARB) Discussion: This item proposes to amend and clarify Chapter 5 of the Town's Personnel Policies specific to Policy 5- 7, Personnel Action Review Board (PARB). Prior to amendments adopted on May 5, 2009, the PARB consisted of three employee members and two citizen members. The employee PARB members served two year terms and the citizen PARB members served three year terms. When the Town changed the PARB to an all citizen board,. the policy was written so that there would be three primary PARB members and three alternate PARB members. Two primary and two alternate members serve three year terms and one primary and one alternate member serve two year terms. Staff is currently undertaking a review of the entire system of policies and procedures for Town boards, commissions and committees. Proposed changes to Chapter 2-6 of the Town Code relating to Special and Standing Boards, Commissions and Committees were presented to Council tonight in a separate item. In accordance with these changes to Chapter 2-6 and for the sake of consistency across all Town boards, commissions and committees, staff is proposing changes to Policy 5-7 related to the Personnel Action Review Board. Specifically, this item proposes to change the Board to a five member Board, with no alternate members. Rather, for each appeal hearing, three of the five members would be selected to hold the hearing. This allows the PARB to be a full board with only five members, rather than six, and eliminates some confusion regarding establishing a quorum for business. In addition, the proposed language includes changes to the terms of the members. Three members would serve four year terms and two members would serve initial terms of two years, followed by four year terms thereafter, in order to create a stagger consistent with other Town boards and commissions. Finally, PARB members would be permitted to sit on one Citizens Advisory Commission concurrently with PARB membership. Deletions from the current Policy 5-7 are shown with strikeouts and additions are shown with double underlining. Consistent with ordinance 99.12 and Resolution 98-38, amendments to the Personnel Policies and Procedures may not be adopted at the Council meeting where they are first presented, but must be Regular Council Meeting -August 4, 2009 -Page 28 of 99 considered and discussed at one Council meeting and then proposed for adoption at a subsequent Council meeting. This is the first presentation of the proposed changes to Chapter 5, Policy 5-7. Following the Council's discussion and direction this evening, final adoption of these amendments is anticipated for the August 18, 2009 Council meeting. Staff also anticipates bringing forward PARB applicants for consideration at the August 18 Council meeting. ATTACHMENTS: N~tr~e: ~ Revisians to PARR composition;_Yerrns, etc.. ~QOO~ s~7s-z~.l~c~ l)c;scriptic:~n; Proposed changes to Policy 5-7 "l'~~pc: Backup Material Staff Recommendation: Staff recommends that the proposed changes to Policy 5-7 be brought forward for consideration and adoption by the Council at the August 18, 2009 meeting. Suggested Motion: I move to direct staff to bring the proposed changes to the Personnel Policies and Procedures, Chapter 5 -Work Rules, Policy 5-7 -Personnel Action Review Board (PARB) for final consideration and adoption at the August 18, 2009 council meeting. Regular Council Meeting -August 4, 2009 -Page 29 of 99 Chapter 5 ~~ ~- ." MAT~ANA WORK RULES ~~~/! `~ SOYrfd OF MARANA Policy 5-7 PERSONNEL ACTION REVIEW BOARD (PARB) Section 5-7-1 Composition and Officers A. The Town of Marana Personnel Action Review Board (PARB) shall be composed of +h roo r+rim~ni five members ^^~ +h roe ..~+orn•++o momhorc all of whom shall be residents of the Town of Marana. B. At its first regular meeting, and each year thereafter, tl~e PARB shall select a Chairperson and Vice-Chairperson from its ~ members. Section 5-7-2 Appointment of PARB Members A. ori,,,,n, ,n,+ ~~+orn.,+o PARB members shall be appointed by the Town Council pursuant to as ohm Town Code provisions. B. Preference shall be given to applicants who have human resources and/or personnel management experience. C. PARB members shall not be members of any other Town. boards; or commissionst er ut may serve on one Council' advisory committees concurrently with PARB membershia. Section 5-7-3 PARB-Member Orientation'' Upon the appointment of any new PARB member(s), the Human Resources Director shall schedule and conduct an orientation session. The purpose of the orientation session shall be to familiarize the PARB members with these Personnel Policies and Procedures and with their roles and responsibilities as PARB members. Section 5-7-4 PARB Member Terms A. The first PARB members aopointed after the effective date of this oolicv shall serve the followina terms: 1. Three PARB members shall serve terms of tk-ree four years, nno nrim~ni momhor dncin n~+o +hc~ +orm ni o~nh mcmhor ~~ihen ~+nnnin+men+ in mni+o 2. Two PARB members shall serve initial terms of two years. B. Thereafter, the term of office for each PARB member shall be four years {00015776.DOC / 2} lar Council Meeting -August 4, 2009 -Page 30 of 99 Chapter 5 ~~ MAR~i~A WORK RULES ~`"~ %i ~ tOwnt of raneaHa Section 5-7-5 Removal of PARB Members #e~se Notwithstanding the PARB member terms set forth in this policy, the Town Council, by a majority vote of its members constituting a quorum, may remove any PARB member #er with or without cause. The u~„-,R~^~e~~+^~;;~~ ~„~~„T~^r hrinninn ~+n., Section 5-7-6 Replacement of PARB Members If it becomes necessary to n°r^~°~T replace a nri„^.,n, ^r °'+°r^^+° PARB member at any time ,the Human Resources Director shall ensure that an appropriate replacement is selected in accordance.. with this policy and a plicable Town Code provisions. A replacement PARB member shall finish the oriainal term of the PARB member beina realaced. Section 5-7-7 Appeal Hearings A. When an appeal hearina is scheduled in accordance wi h the provisions of this chapter. the PARB Chairperson. or the Human Resources Director with the concurrence of the PARB shall desianate three PARB members to hold the hearina and take testimony. B. f e PARB Chairperson is not amona the members holdina the hearina. the V' e-Chairperson shall serve as the Chairperson for that hearina. If neither the PARB Chairperson nor Vice-Chairperson are amona the members holdina the hearina. the PARE members holdina the hearina shall select one of their members to serve as hairperson for that hearina: ~,. A p~at~c PARB member shall be disqualified from serving on the PARB for a specific appeal-hearing under any of the following circumstances: 7 . The PARB member is a .witness to or is otherwise personally involved in the matter on appeal to the PARB. 2. The PARB member is related either by blood or marriage to, or has a similar personal relationship or friendship with, the appealing employee, the appealing employee's supervisor, the appealing employee's Department Head, either party's representative or any person listed as a witness by either party. D. The Human Resources Director shall, in conjunction with the PARB Chairperson, make a determination as to whether a PARB member shall be disqualified for a specific appeal hearing. E. A PARB member may request to be excused from serving on the PARB for a specific appeal hearing due to extenuating personal circumstances or unavailability. The PARB member shall submit such a request to the Human Resources Director who shall, in {00015776.DOC / 2} lar Council Meeting -August 4, 2009 -Page 31 of 99 MAIZAI~A i TOWN OF ~AARANP Chapter 5 WORK RULES conjunction with the PARB Chairperson, make a determination as to whether the PARB member shall be excused for the appeal hearing in question. F If a PARB member is disqualified or excused from an appeal hearing, that disqualification or excuse shall only apply to the specific appeal hearing in question. DADR momhnr c•hnll conic fnr 4hn# nnno~.l ho•+rinn tJftCbttlt- G. The three PARB members designated to serve for a specific appeal hearing shall serve for that entire appeal hearing. Section 5-7-8 Special Appointment of PARE Members If at any time there is an .insufficient number of eligible PARB members to conduct an appeal hearing, the Town'Council may appoint pro-tem members as needed to ensure appropriate representation on the PARB as described in this policy. Section 5-7-9 Voluntary Capacity All PARB. Mrnembers serve.... in a voluntary capacity. PARB ~Imembers shall not be compensated nor shall they receive any benefits from the Town for their service on the PARB. Section 5-7-10 Meetings of the. PARB A. The PARE may hold regular meetings at its discretion, but shall meet at least once annually at such time and place within the Town as is designated by the PARB Chairperson irY conjunction with the Human Resources Director. B. The PARB may hold special meetings upon the call of the Chairperson or a majority of the members of the PARB. C. The Human Resources Director shall act as secretary to the PARB, shall keep its minutes and records of its work and shall assist the PARB in scheduling meetings and hearings. The Human Resources Director shall provide staff as needed to assist the PARB with any administrative tasks and to carry out its meeting functions. {00015776.DOC / 2, lar Council Meeting -August 4, 2009 -Page 32 of 99 Chapter 5 ~~ ~~ N~ARAl~A WORK RULES TQ~JN OF'aAR,4tdA D. A majority of the ~ members of the PARB shall constitute a quorum for the transaction of business. Any decision of the PARB shall require the majority vote of the members constituting a quorum of the PARE. E. Meetings, including appeal hearings, shall be properly noticed and conducted in accordance with Arizona's open meeting laws, A.R.S. § 38-431 et seq., and such operational rules and procedures as shall be adopted by the PARB, F. Meetings, including appeal hearings, shall be recorded and accurate minutes, prepared to comply with the requirements of the open meeting law, shall be approved by the PARB and forwarded to the Town Clerk. Minutes:.... of executive sessions shall be maintained confidentially and shall be disclosed 'only in compliance with the. open meeting law. G. The PARB may be assisted by the PARB attorney at any meeting of the PARB. p {ooois~~6.nociz; lar Council Meeting -August 4, 2009 -Page 33 of 99 PROCLAMATION BRICK DEDICATION WHEREAS, the future of the Town of Marana, as well as its past, is shaped by its employees and their direct commitment and interest in the betterment of our community; and WHEREAS, these public employees dedicated their careers to public service to enhance the lives of the citizens of Marana; and WHEREAS, the importance of public service provided by public employees should be recognized and celebrated; and WHEREAS, these dedicated public servants performed their duties with compassion, professionalism and a commitment to those they served. NOW, THEREFORE, the Mayor and Council of the Town of Marana do hereby extend our sincere appreciation to our retired and deceased town employees for their contributions to the Town of Marana. Dated this 4th day of August, 2009. ~~ ~ Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk Regular Council Meeting -August 4, 2009 -Page 34 of 99 PROCLAMATION Employee Appreciation Week 2009 WHEREAS, town employees are recognized as an invaluable resource to the Town of Marana and the town is served by loyal employees in many essential areas; and WHEREAS, town employees dedicate themselves to the continuous improvement of the quality of life for Marana citizens as they perform their duties as public servants; and WHEREAS, town employees provide services with professionalism, skill and dedication that have helped Marana develop a reputation for quality and excellence; and WHEREAS, public service demands excellence, and perseverance to provide transportation systems, environmental protection, recreational amenities, business and agricultural, public safety, community and economic development, and numerous support activities to ensure the well-being of life in this. community. NOW, THEREFORE, the Mayor and Council of the Town of Marana proclaim August 3-7, 2009 EMPLOYEE APPRECIATION WEEK and recognize and celebrate the important contributions that town employees make to improve the quality of life for the citizens of the Town of Marana; and further urge the citizens of the Marana community to recognize those contributions. Dated this 4t" day of August, 2009. ATTEST: Jocelyn C. Bronson, Town Clerk Mayor Ed Honea Regular Council Meeting -August 4, 2009 -Page 35 of 99 f ~~~~}~*~ `1.~~w~`w.~` 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, August 4, 2009, 7:00:00 PM To: Mayor and Council Item C 1 From: T VanHook ,Community Development Director Strategic Ptan Focus Area: Community Building Subject: Resolution No. 2009-122:_Relating to Community Development: approving and authorizing Intergovernmental Agreements with Pima County, the City of Tucson, and the Regional Transportation Authority of Pima County for sharing of cost involved in the provision of public transit services to the Town of Marana for fiscal year 2009-2010 Discussion: Over the past two years Marana staff has worked closely with Pima County, the City of Tucson, Oro Valley, Sahuarita, and the PAG/RTA Transit Working Group in a collaborative effort to plan for and initiate enhanced regional transit services. The Working Group's efforts have concentrated on: (1) increasing accessibility to transit services; (2) providing un- and under-served areas with new transit routes; and (3) coordinating service schedules, rates, safety, planning, and marketing throughout the region. During this process, Pima County notified the Town of Marana and other regional partners that they would no longer serve as a funding pass-through for City of Tucson (SunTran) service formerly contracted through the County requiring the Town of Marana to enter into intergovernmental agreements (IGAs) with several partners instead only the County. During FY 2008-2009 the working group partners initiated several new services, successfully rebranded, and restructured contract management in order to reduce duplicated efforts and streamline services. This restructuring has reduced the overall cost of service provision and increased the availability of Marana residents to link seamlessly to the wider-reaching regional transit system. These services changes included the introduction of neighborhood circulators at Dove Mountain and in Continental Ranch (Sun Shuttles) and expanded paratransit services both paid for through the RTA initiative. Currently transit services within the Town include: (1) Marana Rural Route (Sun Shuttle) providing three 90 minute weekday loops through the Town and unincorporated areas of Pima County starting at 5:30 am and ending at 7:00 pm; (2) Sun Tran Route 16 running down Ina Road to Oracle Road; (3) Sun Express routes 102x, 103x, 104x, and 202x provide connections to Oro Valley, the aero Park, and downtown Tucson; and the new neighborhood circulator services (Sun Shuttle). Although the Marana Rural Route offers some services, the limited services area, lengthy route schedules, and extremely restricted service times do not provide adequate connectivity to meet the time demands of busy reverse commuters connecting from SunTran routes to commercial and government centers in northern Marana. The RTA funded neighborhood circulators that came online in May 2009 help connect residents in the Continental Ranch and Dove Mountain areas to commercial centers and transit links, but will not provide any additional connectivity to the northwest. Regular Council Meeting -August 4, 2009 -Page 36 of 99 To address the transit needs of employees in underserved areas, Town staff has worked with City of Tucson (COT) staff to develop new services connecting riders to northern Marana employers using funding authorized under the Federal Transit Administration's Job Access/Reverse Commute Grant (JARC) program. In 2007, COT sponsored the Town's application as asub-grantee to fund. a commuter route linking Northern Marana employers to existing Sun Tran services. The JARC Sun Shuttle will stop at Ina and Cortaro Roads, travel up I-10 to the Marana Health Center, Marana Unified Schools, Municipal Complex, and loop back. As employment opportunities expand at the airport, route adjustments will be made to accommodate increased workforce commute demands. The new Sun Shuttle route will connect workplaces with restaurants and services throughout the day providing options for commuters during the lunch hour allowing commuters to access food and shopping during the day. Under this agreement the grant funding will support 80% for the purchase of a new transit vehicle and 50% of operating expenses for services during key commute hours Monday through Friday from 6:00 am - 6:30 pm. Marana's expanded and enhanced services and position as a regional transit partner are the result of countless public meetings, planning sessions, and intense debate. From Planning to Technology Services to Traffic and Engineering, a wonderful team of professionals has responded to the needs of residents, analyzed data, offered suggestions, and reviewed findings so that we can offer the best transit solutions currently available for our community. Financial Impact: The Town will be entering into three separate IGAs for the provision of transit services within the Town's boundaries. (1) City of Tucson Contract No. 16487 -Intergovernmental Agreement between the City of Tucson and Town of Marana for provision of fixed-route bus service for designated areas of Marana (Sun Tran Routes 16B and 102x) with the Town agreeing to pay the City an amount to not exceed $71,400 for FY 2009-2010. (2) Pima County -Intergovernmental Agreement between the Town of Marana and Pima County for sharing of costs involved in the provision of public transit services to certain areas of Pima County and the Town of Marana (Marana Rural Route July 1 -October 31, 2009) extending existing transit services along the historic rural route until November 1, 2009 when implementation of RTA transit services takes effect at a cost of $11,258.20. (3) Regional Transportation Authority -Intergovernmental Agreement between the Regional Transportation Authority of Pima County and Town of Marana for provision of transit service establishing the parameters for the provision of neighborhood circular and grant funded Job Access Reverse Commute (JARC) within the Town limits and establishing a cost share formula estimating the Town's obligation at $41,500. The Town of Marana's combined cost share for these three IGAs equals $124,158. These costs are paid with funding received from the State of Arizona's LTAF and LTAFII programs and have been budgeted. ATTACHMENTS: Natne: D Cost Sharing IGA_- Resolution 07-2009.doc l~c:scriptic~n: Traf~sif (;ost Sharing IGAs 2009-2010 Type: Reno€ution Staff Recommendation: Staff recommends approval of Resolution No. 2009-122, authorizing IGAs with Pima County, the City of Tucson, and the RTA for sharing of cost involved in the provision of public transit services to the Town of Marana for fiscal year 2009-2010. Regular Council Meeting -August 4, 2009 -Page 37 of 99 Suggested Motion: I move to approve Resolution No. 2009-122, approving and authorizing Intergovernmental Agreements with Pima County, the City of Tucson, and the Regional Transportation Authority of Pima County for sharing of cost involved in the provision of public transit services to the Town of Marana for fiscal year 2009-2010. Regular Council Meeting -August 4, 2009 -Page 38 of 99 MARANA RESOLUTION N0.2009-122 RELATING TO COMMUNITY DEVELOPMENT: APPROVING AND AUTHORIZING INTERGOVERNMENTAL AGREEMENTS WITH PIMA COUNTY, THE CITY OF TUCSON, AND THE REGIONAL TRANSPORTATION AUTHORITY OF PIMA COUNTY FOR SHARING OF COST INVOLVED IN THE PROVISION OF PUBLIC TRANSIT SERVICES TO THE TOWN OF MARANA FOR FISCAL YEAR 2009-2010 WHEREAS, the Town of Marana recognizes the need. to provide transit services to its residents; and WHEREAS, the City of Tucson, Pima County, and the Regional Transportation Authority of Pima County currently operate fixed-route, circulator, and express transit services within Town of Marana boundaries; and WHEREAS, the Town wishes to enter into cost sharing agreements with each of these entities for the provision of transit services within the Town of Marana services for its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, approving and authorizing the Town Manager and staff to execute intergovernmental agreements with Pima County, the City of Tucson, and the Regional Transportation Authority of Pima County for the provision of transit services for FY 2009-2010. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 4~" day of August, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -August 4, 2009 -Page 39 of 99 f-~~~i ~~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, August 4, 2009, 7:00:00 PM To: Mayor and Council Item C 2 From: T VanHook ,Community Development Director Strategic Plan Focus Area: Community Building Subject: Resolution No. 2009-123: Relating to the Marana Municipal Airport; approving and authorizing the Town Manager to execute a grant amendment to FAA 3-04-0058-14-2006 increasing the maximum obligation of the Federal Aviation Administration by $751,188, from $5,007,921 to $5,759,109; and declaring an emergency Discussion: In 2006 the Town of Marana and the Federal Aviation Administration entered into a grant agreement (3-04-0058- 14-2006, Contract No. DTFA08-06-C-22045) for $5,007,921 to: 1) Design and Rehabilitate Runways 03-21 and 12-30; 2) Design and Rehabilitate Taxiways A, E, and others; and 3) Design and Construct Taxiway E Apron and Access Road. The agreement allows the Town to request a 15% increase in grant funding for cost overruns incurred during construction. In order for the Town request reimbursement for the 15% an amendment to grant agreement must be completed. Financial Impact: The amendment increases the federal funding by $751,188, from $5,007,921 to $5,759,109. These funds will serve as repayment to the general fund for costs already incurred on the project. ATTACHMENTS: ~at~~e: I)esc.riptiz~~~: 'Type: O Airport - FRA l4 A€v~endmer34 Rssolution 7-240~.dac ~~~ ~¢ Gr~ntArner~drr2ent Resolut;on Staff Recommendation: Staff recommends approval of Resolution No. 2009-123 authorizing the Town Manager to an amendment to FAA 3-04-0058-14-2006 increasing the federal funding $5,759,109. Suggested Motion: I move to approve Resolution No. 2009-123, approving and authorizing the Town Manager to execute a grant amendment to FAA 3-04-0058-14-2006 increasing the maximum obligation of the Federal Aviation Administration by $751,188, from $5,007,921 to $5,759,109; and declaring an emergency. Regular Council Meeting -August 4, 2009 -Page 40 of 99 MARANA RESOLUTION N0.2009-123 RELATING TO THE MARANA MUNICIPAL AIRPORT; APPROVING AND AUTHORIZING THE TOWN MANAGER TO EXECUTE A GRANT AMENDMENT TO FAA 3-04-0058-14-2006 INCREASING THE MAXIMUM OBLIGATION OF THE FEDERAL AVIATION ADMINISTRATION BY $751,188, FROM $5,007,921 TO $5,759,109; AND DECLARING AN EMERGENCY WHEREAS, A.R.S. § 28-8411 authorizes the Town Council of the Town of Marana to undertake all activities necessary to acquire, establish, construct, own, control, lease, equip, improve, maintain, operate and regulate an airport; and WHEREAS, on September 5, 2006 the Town of Marana and the Federal Aviation Administration (FAA) entered into a grant agreement (FAA 3-04-0058-14-2006) for $5,007,921 under the airport development program; and WHEREAS, the airport development program grant agreement allowed fora 15% increase in federal funding in accordance with U.S. Title 49 Section 47108(b) for construction projects meeting established criteria; and WHEREAS, the Town of Marana has met these requirements, requested the increased funding, and has been awarded that increase; and WHEREAS, an amendment to the existing contract is necessary for the Town to receive the increased funding; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. The Town Manager is authorized to execute a grant amendment to FAA 3- 04-0058-14 to increase the funding obligation of the FAA by $751,188. SECTION 2. It is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, so 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 4t" day of August 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -August 4, 2009 -Page 41 of 99 ~~~~ ~~~~ ~~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, August 4, 2009, 7:00:00 PM To: Mayor and Council From: Jocelyn Bronson ,Town Clerk Strategic Plan Focus Area: Heritage Item A 1 Subject: Resolution No. 2009_-124: Relating to Facilities; authorizing the naming of the stables at the Marana Heritage Park the "Brad DeSpain Stables" Discussion: Resolution No. 2007-137, passed August 7, 2007, establishes guidelines and procedures for the naming of town-owned facilities. To acknowledge the service that Brad DeSpain has provided to Marana since 1962 when he first came to Marana High School as avocation-agriculture teacher, staff is proposing to name the stables at the Marana Heritage Park in his honor under the Commemorative Naming procedures. In addition to Brad's service to Marana as a teacher, he was also a primary force in the town's incorporation in 1977 to protect Marana's water resources. His contributions to the town regarding water include: developing the Marana Water System from a customer base of 200 to its current 5,000 customers; obtaining a 20-year contract for one mega watt of Parker-Davis hydropower for the Marana Water System; helping to locate the Lower Santa Cruz and High Plains recharge projects in Marana; and forming the Avra Valley/Marana Association to help obtain bank protection on the Santa Cruz for northern Marana. He has been a rancher, has raised his family in Marana, and is awell-respected community leader. He helped form the Marana Western Heritage Committee along with other local ranchers and businesses. This committee organized the Marana Western Heritage Arena which was started primarily as a venue for junior rodeo events but has become known statewide for team roping, barrel racing, mounted shooting and amateur and professional rodeo events. These are but a few of Brad's many accomplishments, but they exemplify his dedication to his family and his community, and it is this dedication and service that the town would like to commemorate. ATTACHMENTS: Nat~ne; O RES Brad C3eSpan Stables.doe Staff Recommendation: L~cscript~ot~: Brad t~eSt.aira Stables resnlutiQn ~I-~,pe: Resolution Staff recommends commemorating the outstanding leadership and service to Marana by Brad DeSpain Regular Council Meeting -August 4, 2009 -Page 42 of 99 by naming the stables at the Marana Heritage Park the Brad DeSpain Stables. Suggested Motion: I move to approve Resolution No. 2009-124, commemorating the outstanding leadership and service to Marana by Brad DeSpain by naming the stables at the Marana Heritage Park the Brad DeSpain Stables. Regular Council Meeting -August 4, 2009 -Page 43 of 99 MARANA RESOLUTION N0.2009-124 RELATING TO FACILITIES; AUTHORIZING THE NAMING OF THE STABLES AT THE MARANA HERITAGE PARK THE "BRAD DESPAIN STABLES" WHEREAS the Marana Town Council adopted Resolution No. 2007-137 establishing guidelines and procedures for the naming of town-owned facilities; and WHEREAS in compliance with those guidelines and procedures the Town Council has determined that it is appropriate to name the stables located at the Marana Heritage Park the "Brad DeSpain Stables" to commemorate the significant contributions Brad DeSpain has made to the Marana community as an educator, rancher, businessman, town incorporator, water conservationist and employee. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the stables located at the Marana Heritage Park be named the "Brad DeSpain Stables". PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 4th day of August, 2009. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regular Council Meeting -August 4, 2009 -Page 44 of 99 - " r~ ~~1 ~~~~~ S:)3N" yn asx«c 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, August 4, 2009, 7:00:00 PM To: Mayor and Council Item A 2 From: Lisa Shafer ,Assistant Planning Director Strategic Plan Focus Area: Commerce Subject: PUBLIC_HEARING: _ResolutionNo. 2009-120: Relating to Development; confirming the Marana Planning Commission's decision approving a significant land use change to allow the retail sales and rental of construction and farming equipment by the Earhart Equipment Corporation at 13968 North Adonis Road Discussion: Update From Last Council Meeting At the direction of the Town Council during its July 21, 2009 council meeting, town staff met with applicant Gordon Earhart and the neighbors of Marana Estates on Thursday, July 23, 2009 at 3:30 p.m. Phyllis Farenga, Alisha Meza, Brianne Meza, Tricia Moorhead and Lynda Washburn were contacted and informed of the meeting. Ms. Farenga was unable to attend the meeting on Thursday and Mr. Earhart was unavailable for a meeting on Friday. Ms. Farenga further indicated that she was unavailable to meet until she returned to town on August 3, 2009. Currently staff has set up a second meeting with Mr. Earhart, Ms. Farenga and staff at 5:00 p.m. on Tuesday August 4th prior to the council meeting. The meeting on the June 23, 2009 was attended by Alisha Meza, Gordon Earhart, Steve Cohen (Mr. Earhart's realtor) and staff. Town staff used this meeting to further review what would be required for the project if the SLUC was confirmed and Mr. Earhart was to begin the development plan process. Mr. Earhart discussed in more detail his current operation and addressed Ms. Meza's concerns regarding noise, fumes, drainage/runoff and lighting. Ms. Meza recommended relocating the outdoor service area away from the rear of the property adjacent to the residential homes. Mr. Earhart said that he would look into that relocation. Keith Brann told Ms. Meza that staff would work with the school district on placing bus stop signs along Adonis Road to alert traffic of kids along the roadway waiting for the bus. Overall this meeting was more of an informational meeting. Staff has not changed any of the recommended conditions for approval of the project. Ms. Farenga hand-delivered a letter on Friday, July 24, 2009 in reference to the items that she is concerned about after being briefed by Ms. Meza regarding the July 23 meeting. Ms. Farenga's letter is included in this packet. Request and Histo_r~ Earhart Equipment Corporation has requested to use the property located at 13968 N. Adonis Road (APN: 217-28-OO1K) for the retail sales and rental of construction and farming equipment. Zone "E" prohibits residential uses but allows any commercial, industrial, or quasi-public land use which is Regular Council Meeting -August 4, 2009 -Page 45 of 99 consistent in its location with the Significant Land Use Change (SLUG) procedure. The SLUG procedure allows vacant land zoned "A-F" to adopt the land use of an immediately adjacent parcel as long as the proposed land use has the same major group level in the "United States Standard Industrial Classification Manual (SIC)" as the adjacent use. Anchor Plumbing is located next to the subject property. Plumbing contractors have a SIC major group value of "17". The SIC major group value for Earhart Equipment Corporation is "73". Therefore, the Town of Marana Land Development code requires a Significant Land Use Change procedure to establish this use. On June 24, 2009, at a public hearing, the Marana Planning Commission unanimously approved the significant land use change with conditions. On June 26th and 30th, in accordance with the Significant Land Use Change procedures outlined in Section 05.03 of the Land Development Code, two appeals of the Marana Planning Commission's decision were received within the five-day appeal period. The first appeal had ten signatures, two of which own the adjacent property that required the public hearing before the Planning Commission (these names have been highlighted). The second appeal was signed by two people who had signed the first appeal. The appeal requires that the Marana Town Council confirm, modify or reverse the Planning Commissions approval of the Significant Land Use Change. Proposed Use Earhart Equipment Corporation sells and rents construction and farming equipment. Their proposed hours of operation are 7:00 am to 5:00 pm Monday through Friday, 8:00 am to noon on Saturday and closed on Sundays. Proposed access to the site will be from Adonis Road, which is a major route listed on the Town of Marana's "Major Routes Rights-of--Way Plan". The site is bounded on the northwest by "VC" (Village Commercial) zoning; on the southeast by "E" (Transportation Corridor, Anchor Plumbing) zoning; on the southwest by "LI" (Light Industrial, Union Pacific Railroad) zoning and on the northeast by "A" (Small Lot Zone, Marana Estates subdivision) zoning. An 8-foot masonry wall is proposed to be built between the subject property and adjacent residential uses to help provide aesthetic and sound relief buffering. The location is highly visible from the Interstate. The service Earhart Equipment provides would be beneficial to both the agricultural and construction industries in the Town of Marana. Development, landscaping and improvement plans that meet Land Development Code standards and the conditions of this SLUG will be submitted and approved prior to any issuance of permits for the project. A drainage report and traffic impact analysis will be required with the development plan. All access roads and public and employee parking areas will be paved in accordance with Town standards. The display area of the sale/rental equipment will be required to have a gravel base. Stored materials and equipment (excluding equipment on display for sale or rent) will be screened from view on all sides by solid fencing. This project is subject to the commercial design standards in Title 8 of the Land Development Code and the Town's adopted Outdoor Lighting Code. Landscaping buffers will be created on all sides of the subject property in order to mitigate visual impacts to surrounding neighborhoods and I-I0. ATTACHMENTS: ! ~mc. ~ Resolution 2009-XX Earhart Equip€nent Corporation.doc D Earhart _application.pdf O SLtJ-09024 t_ocation itil_ap.pdf - ~ Earnhart_Conceptual De_v_elopment Planpdf ~ Earhart_protest {eater 1 ,p_df Des~ril~ti~~n: Resolution Fat~plication Location t~~tap Conceptual Development Plan Protest letter 1 Type: Resolution Backup Material Backup Material Backup Material Backup Material Backup Notarial ~ Earhart_pratest tatter 2.pdf Protest letter 2 ~ Letter from PhylEs Farenga - Result of July 23rd Meeting with Regular Council Meeting -August 4, 2009 -Page 46 of 99 Earhart Egl~ipmenf and Sta~f.pdf Jufy 23rd letter front Phyllis l=are€tga Backup ttlateriaE Staff Recommendation: Staff recommends the Council affirm the Planning Commission's approval of the Significant Land Use Change with the following conditions to address neighbors concerns and meet Town standards: 1. All development, landscaping and improvement plans with all appropriate fees and meeting all Land Development Code standards will be submitted by the applicant and approved by the Town of Marana prior to any issuance of permits for the project. 2. Stored materials and equipment (excluding equipment on display for sale or rent) will be screened from view on all sides by solid fencing. 3. An 8 foot masonry wall will be installed on the northeast property line between the subject property and residential properties to provide aesthetic and sound relief; the design of the wall must be approved by the Marana Planning Director. 4. Landscaping buffers will be created on all sides of the subject property in accordance with the provisions of Title 8 and Title 17 of the Town of Marana Land Development Code. 5. All access roads and parking areas will be paved in accordance with Town standards. 6. The use of chain link fence is prohibited. 7. All applicable on-site utilities will be placed underground in accordance with the provisions of the Marana Land Development Code. Commission Recommendation - if applicable: A public hearing for this case was held during the June 24, 2009 Planning Commission meeting. Two property owners came forward to express opposition; one property owner came forward to support. The Planning Commission voted unanimously (7-0) to approve with conditions. Suggested Motion: I move to approve Resolution No. 2009-120, confirming the Marana Planning Commission's decision approving a significant land use change to allow the retail sales and rental of construction and farming equipment by the Earhart Equipment Corporation at 13968 North Adonis Road with staff- recommended conditions. Regular Council Meeting -August 4, 2009 -Page 47 of 99 MARANA RESOLUTION N0.2009-120 RELATING TO DEVELOPMENT; CONFIRMING THE MARANA PLANNING COMMISSION'S DECISION APPROVING A SIGNIFICANT LAND USE CHANGE TO ALLOW THE RETAIL SALES AND RENTAL OF CONSTRUCTION AND FARMING EQUIPMENT BY THE EARHART EQUIPMENT CORPORATION AT 13968 NORTH ADONIS ROAD WHEREAS, Earhart Equipment Corporation, representing Andrew Ronald Frank, the owner of the property located at 13968 Adonis Road (APN: 217-28-OO1K), applied to the Town for a Significant Land Use Change in order to allow for the development of a retail sales and rental store for construction and farming equipment on the property: and WHEREAS, the Marana Planning Commission voted unanimously to approve the Significant Land Use Change for Earhart Equipment Corporation, at a public hearing on June 24, 2009, at which all interested parties had the opportunity to be heard; and WHEREAS, an appeal of the Marana Planning Commission's decision to approve the Significant Land Use Change for Earhart Equipment Corporation was received in the Town Clerk's Office, and which requires the Mayor and Council to confirm, modify or reverse the decision of the Marana Planning Commission; and WHEREAS, the Mayor and Council considered the appeal of the Marana Planning Commission's decision to approve a Significant Land Use Change for Earhart Equipment Corporation at the regular Town Council meeting held July 21, 2009 and has determined that the approval by the Marana Planning Commission of the Significant Land Use Change for Earhart Equipment Corporation should be confirmed. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the decision of the Manana Planning Commission to approve the Significant Land Use Change for Earhart Equipment Corporation is hereby confirmed with the following conditions to address neighbors concerns and meet Town standards: 1. All development, landscaping and improvement plans with all appropriate fees and meeting all Land Development Code standards will be submitted by the applicant and approved by the Town of Marana prior to any issuance of permits for the project. 2. Stored materials and equipment (excluding equipment on display for sale or rent) will be screened from view on all sides by solid fencing. 3. An 8 foot masonry wall will be installed on the northeast property line between the subject property and residential properties to provide aesthetic and sound relief; the design of the wall must be approved by the Marana Planning Director. Regulq~~~~~~~i~6~u~st 4, 2009 -Page 48 of 99 _ 1 _ 4. Landscaping buffers will be created on all sides of the subject property in accordance with the provisions of Title 8 and Title 17 of the Town of Marana Land Development Code. 5. All access roads and parking areas will be paved in accordance with Town standards. 6. The use of chain link fence is prohibited. 7. All applicable on-site utilities will be placed underground in accordance with the provisions of the Marana Land Development Code. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,. this 4th day of August, 2009. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regulq~~~~~~~~6~u~st 4, 2009 -Page 49 of 99 _ 2 _ ~pWN ~~~. TOWN OF MARANA PLANNING bRPARTMENT 11555 W. Civic Center Dr. Bldg A2 , Marana, Arizona 8SG53 ~ 7 v .IVIARANA APPLICATION FOR SIGNIFICANT LAND USE CHANGE Existing Use ofF'roperty: Vacant, but fenced for contractors' equipment storage. Street Address of Lot or Parce[ Land Use Change is Requested for 13 9 6 8 Adonis Rd . Marana AZ Adjacent Uses: Neighborhood town park lot with ~o meet-~s-;1 mPta 1 building and residential- presentZonittgandUse: Zoning E, vacant land. ___ Complete Description of the Proposed Use and its Operation (Attach Exhibit ifNecessary): Retail sales , parts, service and rental facility for ac~,r; ,~~1~„r~l anc3 c-r,n- structian ecuipment Number of employees for Proposed Use: 10 initially, growth up to 25 . Complete List of Permits Required: Native plant--Grading---Right of way use-- Necessary building permits. AutomobiieandTruekTt•afficVolumeEstimate•3~passenger ~slr~t~~1~~,~u +_..._rt7~1~~' ~n~ 7-1(? ;urger trucks per day F=or Non-Residential Uses, List the Uniform Building Code Occupancy Classification: M and S Will your Operation be Using or Storing fazardous Materials Described in Chapter 9 of the Uniform Building Code? Yes _ If Yes, Provide Information Regarding the Amount of Hazardous Materials and Hazardous Procedures: Above around 5 0 0 c~a 1 1 nn d i P G~ 1 fuel storage; Hydraulic/Engine oil as well as paint--- all packaged for retail sale. Applicants Interest: ^ Own ^ Lease ~ In escrow ^ Option to $uy Name of Applicant: Gordon H. Earhart Applicant'sAddress: P O Box 26588 Tucson, AZ 8~72ti Contact Person: Gordon H. Earhart Phone:520-$$9-639 6 ~` 'v f`-~ev4 c _/ cZ/^ X:IPLANNINGIFORMS\[7EVPKG120071SigLandUseChange07.dot Page 5 of 7 (Rev. 4/29108} Regular Council Meeting -August 4, 2009 -Page 50 of 99 ~owH aF TOWN OF MARANA PLANNING DEPARTMENT II555 W. Civic Center Dr. Bldg A2, Marana, Arizona 85653 ~ q "'.°I~i ° a ,„ ~arzo~a APPLICATION FOR SIGNIFXCANT LAND USE CI~ANGE Name of Property Owner: Andrew Ronald Frank and Candace Charvoz JT/RS Address of Property Owner: 220 S. Bella Vista Dr. Tucson, AZ 85745 Contact Person: Gordon H. ~ Earhart Phone: 520-889-6396 Project Planner/Engineering Firm:. Seaver Franks Firm's Address: 2552 N Alvernon Way Tucsonz AZ 857].2 Contact Person: Michael Franks Phone: 520-795-4000 I, THE UNDERSIGNED, CERTIFY THAT ALL OF THE FACT'S SET FORTH IN TIIIS APPLICATION ARE TRUE TO THE BEST OF MY KNOWLEDGE AND THAT I AM EITHER ' THE OWNER OF THE PROPERTY OR THA~~tt I HAVE BEEN AUTHORIZED IN WRITING BY THE OWNER TO FILE THIS APPLICATION/~D CHECKLIST. Gordon H. Earhil~rt Print Name ofApplicant/Agent Signature 5-OZ-2009 Date ~~~~ FO~ R OFFICE USE ONLY Case Number: SLU- Receipt Number: S~~ _, Date Filed: ~ 6 ~~~ Fee Submitted: ~~~ Q ~ ~ - Reoeived By: ~,~~^.~~--~ C /Zw ~ ~S.LGr 0 qO.S^- 00 / NOTIFICATION P„~tOCESS DATE NOTIFICATION WAS SENT # ADJACENT WRITTEN OPPOSITIONS TOTAL NUMBER OF WRITTEN OPPOSITIONS GRANTED GRANTED WITH STIPULATIONS PLANNING COMMISSION. PLANNING COMMISSION Hearing Date : ~ ~ "~ '" Continued To X:IPLANNINGIFORMSIDEVPKG\20071SigLandUseChange07.doc Page 6 of 7 (Rev. 4/29/08) REFEREED TO GRANTED GRANTED WITH Regular Council Meeting -August 4, 2009 -Page 51 of 99 s "~ ~=~ : r ;~ Earhart Equipment Corporation CASE SLU-09024 ,N ~tARANA RD ~~ ~ ~. ~~~ San Lucas Subject Property a Q a z .Z .~~ ~,~19 V / ~> O Vd G RIER RD ~~~ Req ueSt o soo ~ zoo ft. fi Approval of a significant land use change for Earhart Equipment Corporation. Data Disclaimer: The Town of Marana provides this map information 'As Is' at the request of the user with the understanding that is not guaranteed to be accurate, coartarect or complete artn~d conclusions dradwn from such information are the responsibility of the user. In no event shall The Town of Marana become liable to users of these d K~ou~a~~oun~~ IVlee{finny l~u ust~r~c~~rect~a ec~,io~i~~ntal or consequential damages, including but not limited to time, money or goodwill, arising from the ~~ _. , ~-- ~: ~ _ ~ , 1~~, ~ ~ ~ ~.: ~ a ~ r ; ~ ~ ,~~ M _ if ~a 0 " -_-, es~ „< ew .r -" t's ~ .,. 0 - _ ~ c "~ -- ' ~ a ~ ~ . ' s a a a' V K Su~j: Date: To: WE THE U6~RSIt~NEU AREOPPOSED TO TIE PLANNING Afi~U ~ON~NO ®ECISION TO ALLOW THE EARE-tART NERVY EQUIPMENT SLU 09024 TO BUILD IN OUR COM~iUITY. WE RE~,UEST A PUBLIC NEARING WITH THE ~lARANA TOWN COUNCIL ON SLU 09024 Wednesday, -June 24, 2009 5:05:51, P~ Town C[erl< NAME A[?DRESS ~~ ~~ its ~, ~ . ,-~ ,. ~ ~. _ ~' t t ~~~ ._~. ~ I ~. l C~ ~~ ~ ~ ~~r~~~~ J / -;~__ ~ ~, ~ t ~_ ~ ~.~ , ~ ._ ~;.?- Imo/? =f ~ ~--'.'-;~ s _. t 1 1 1. ~~-~~ ~~ ~~ . ~~ ~~~ ~, l f ~= ~ Y~ /~j ,~ ~' _~ ~~ ~ /~ ,.~ j ~~ ~ ~=. ~~~-%' `fin ~`` l / ~~ / ~' 6/24/09 America Online : larr~}~ere11470 Page 1 Regular Council Meeting -August 4, 2009 -Page 54 of 99 ` `•±~, _ . _ ~.._- ..._. ~ .__.__ _____ __. _ _~ ~ 06-30-0 9A09:38 RCVD :. ~ ~~~ __ __. - _ - _ __ _- DATE 1t 5~5 W ~ C« ~ c: ~.sv~?~--~?. __._ . _ ___ . _____ . P ~_ ---._ Y____ _ _~ v N i N ~ bCl~ cc ~1 ovJ w~ ~~t, r~ ~ ~ h 2 ~ c~ `~ °~ -- .~~. _ w -~ .. _ -- -. ~~ ~~- _._ 7 l .. -. - .. (~M n rrJ~~ STi ~ ~- Q I ~ ~-' ~ ~- ~ -t Z p ~ t~ ~ ~ ~ ~ 1 ,~ _ a ~._.__- { Nom ~ ~- ~~ ~ ~ -~ ~p.~- ~~j c't~ ~. __ .: - r n ~ ___ __ _____ _ __ ~ ~- w Regu r uncil Meeting -August 4, 2009 -Page 55 of 99 PREPARED BX.-._.__.~_..~_,e___ __,_ _____. _ ___ _ PAGE ~,=; _ J~~ ~~a - ___ _ _v_O6_30-0 9A09:38 RCVD -- DATE ----~-- -- _ _ ~~~~.fi~,~ C~~,.~,,,~~ c~Q.~ t3~ Noy __ ~ n.,.T-t.~ ~- _ ~~-1.2 _ L D Z. o~ dM, VYV~2~nc.~. --- C~.P~s,~~ S,c~S. [~, 1 S.US.c~2~ So 3 D, T~ spa-~--oF ~.~, w~szA~ ~ Coa~QS -- -- .. fL'~t ___ ~ ~t ~ ~ ~ ~ ~~+JAi C~r~ +~- Z ~ __ _ _ _ - ~~~-- -~~. --~, r ~-~ ~~ ~ yf~l Meeting - , 2009 -Page 56 of 99 ~ -~* j~]~J~ A ~ PAGE fr I~ a-rt-~N', ~.~s~. ~l~p F~a. ~"~o(~t N ~.(~vrv c.~Q, __ ~_v ~~_. DATEfO4 ~ ~ D (~j 1 -J _~... ~; J ~- -- ~ ~~-~- . 1~-h~.QJ~I~~ r T ~s~ 1 { J~ ~..Q/~l2S .~1. ^ ~ ~ ~ t3"' _ - -- -- ~~~ ~N mess ~ ~~~c.,`C ~~ ~~ 1~71Nb _~'u~~u~t-7~- - ~' ~._ ti l ~ _ P ~ ~ ~J n ~d is ~~p C.-Q ~ ~ ~~~~.d ~\ ~tn~ 1J~~.C~ - f`Q,,~(~C.l~ T~ Oc~• _ J '_ _ _ '~ ~ou.~a ~o.Q.~ `r~o~- ~~`7'~2~~5 ~ ~nJ Glv~.~ ~~Y2.~ fZ\~ ~ HD v.~, ~ Q~ _ __ Regular ~ Q ~~ 5~0 ~ ~- a ~ k~2 r __. Meeting~August 4, 2009 -Page 57 of 99 PREPARED BY - ~ _..: i" t PAGE_ __ DATE ' / Z~( u. - _~__.._ .._ _ ___~_. _ 6 ~- Q4.I~S ~ ~t~Ovtxd(~ _ _ I~t dot' 2 O _ ~. - rrm Ui nt 6 ~~ ~ -- !'J _ s - --~ ~~ Sc `j'~ ~~9 ~ ~2~5 -- 1`~wV,Q.. Nt)\ ~~ ti~n~2~ Ta ~9'`^~'.~--- - _ __ _ -- ___ _ _ - -------- ____ ,____ ~ ~., ~ yu~~ ~~1~~,~- is ~~-~ ~~ ~~~~ - ~ ~.{,~r rv p-SS '~t11) ©tJu~ C',U tM NL ~~N t tAw(~ $~'~ ~ ~ O~~ _.__ _____ __ _ _ . --___U __ _-- - -- P - _~_~~ . ~ -~~~ _ ~~ . ~~~~ _-~-ors __ _ - - - -- . - PREPARED BY ~ 1 ` ` ~ ('~ ~ ~~ V vj~_~`X w ` ~ ~GE Regular Co etjq~g,.Lugyii4,2 P o ,v~~l~ ~+ ~,_ ~~~~~ ~~..^~+. 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, August 4, 2009, 7:00:00 PM To: Mayor and Council From: Jocelyn Bronson ,Town Clerk Strategic Plan Focus Area: Progress and Innovation Item A 3 Subject: Resolution No. 2009-125: Relating to Mayor and Council; cancelling the September 1, 2009 regular Council meeting Discussion: The September 1, 2009 regular council meeting falls during the annual League of Cities and Towns conference this year which will be held in Oro Valley. To accommodate the council members and staff who will be participating in the League conference, staff recommends cancelling the September 1, 2009 meeting. ATTACHMENTS: Name: DeSC:rtl~tit)11: D RES e(iminafirtg_council_meeting.DC3C Resolution canceEling council meeting Staff Recommendation: Staff recommends cancelling the September 1, 2009 regular council meeting. "I`ype: Resolution Suggested Motion: I move to approve Resolution 2009-125, cancelling the September 1, 2009 regular Council meeting. Regular Council Meeting -August 4, 2009 -Page 59 of 99 MARANA RESOLUTION N0.2009-125 RELATING TO MAYOR AND COUNCIL; CANCELLING THE SEPTEMBER I, 2009 REGULAR COUNCIL MEETING BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the first regular Council meeting in September, which would normally occur on September I, 2009, is hereby cancelled, and Town staff is hereby authorized and directed to take all actions necessary or prudent to give notice of this resolution. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 4th day of August, 2009. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Mayor Ed Honea Regular Council Meeting -August 4, 2009 -Page 60 of 99 J~~ ~~~ V ter" V V ~ /~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, August 4, 2009, 7:00:00 PM To: Mayor and Council Item B 1 From: Cedric Hay ,Senior Assistant Town Attorney Strategic Plan Focus Area: Community Building Subject: Ordinance No. 2009.17: Relating to Land Development; amending Title 2 of the Town of Marana Land Development Code, section 02.02.01, relating to Planning Commission membership; and declaring an emergency Discussion: A sub-committee composed of Council Members Comerford, McGorray and Ziegler was appointed by Mayor Honea to review the process and procedures for the appointment and operation of Citizen Advisory Commissions or CACs. Staff assistance was provided by Town Clerk Jocelyn Bronson, Senior Assistant Town Attorney Cedric Hay and Assistant Town Manager Deb Thalasitis. At the Town Council meeting held on July 21, 2009 Assistant Town Manager Deb Thalasitis presented the subcommittee's recommendations. Council members made suggestions and provided feedback which has been incorporated into two separate ordinances and a resolution, all of which are being presented together. The ordinances update the Town Code and the Town's Land Development Code and the resolution adopts procedures that apply to CACs only. A separate item regarding changes to the Personnel Action Review Board is also being presented which will, among other things, incorporate the recommendations of the sub-committee to maintain consistency within the town. If adopted the ordinances will establish a uniform method of appointment for all the Town's commissions and committees and will make all the terms of office four years removing any term limits. Title 2 of the Town of Marana Land Development Code and Section 2-6 of the Town Code will be updated to reflect the subcommittee's recommendations. ATTACHMENTS: Natne: l~~scriptio~~: "['grl3e: ^ Ordin re changes to LCtC re Plannin Co€nmissEon terms C3riir~anca changing Planning Gorrm~issian and Baard of Adj~~sfinent 9 C~rdlnence (30015712-2).C}OC prfld~iGiflns in Land C3eu~l©pmant c~d~ Staff Recommendation: Staff recommends approval of the two ordinances and the resolution updating the Town Code and Land Development Code and establishing procedures for appointments and terms. Suggested Motion: I move to adopt Ordinance 2009.17, amending Title 2 of the Town of Marana Land Development Code, section 02.02.01, relating to Planning Commission membership; and declaring an emergency. Regular Council Meeting -August 4, 2009 -Page 61 of 98 MARANA ORDINANCE N0.2009.17 RELATING TO LAND DEVELOPMENT; AMENDING TITLE 2 OF THE TOWN OF MARANA LAND DEVELOPMENT CODE, SECTION 02.02.01, RELATING TO PLANNING COMMISSION MEMBERSHIP; AND DECLARING AN EMERGENCY WHEREAS the Marana Town Code and the Town of Marana Land Development Code establish the Town's Planning Commission; and WHEREAS the revision contained in this ordinance is based on the recommendations of a subcommittee established by the Mayor to revise current policies regarding membership, appointment and procedures for Town boards, commissions and committees. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. Section 02.02.01 of the Town of Marana Land Development Code, regarding Establishment and Composition of the Planning Commission is hereby revised as follows (with deletions shown with s~ril~ee~s and additions shown with double underlinin~l: 02.02.01 Establishment and Composition The Town Council hereby creates a Planning Commission to consist of seven members appointed by the Town Council from among the residents ~ali#ied eleste,fs-of the Town. SECTION 2. IT IS FURTHER ORDAINED that, since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this ordinance become immediately effective, an emergency is hereby declared to exist, and this ordinance shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 4t" day of August, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regul~~~t ~91R~i1'~} August 4, 2009 -Page 62 of 98 ~~ ~1'~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, August 4, 2009, 7:00:00 PM To: Mayor and Council From: Cedric Hay ,Senior Assistant Town Attorney Strategic Plan Focus Area: Community Building Item B 2 Subject: Ordinance No. 2009.18: Relating to Boards, Commissions and Committees; amending chapter 2-6 of the Marana Town Code, specifically sections 2-6-2 and 2-6-3 relating to membership and appointments to Citizen Advisory Commissions; and declaring an emergency Discussion: A sub-committee composed of Council Members Comerford, McGorray and Ziegler was appointed by Mayor Honea to review the process and procedures for the appointment and operation of Citizen Advisory Commissions or CACs. Staff assistance was provided by Town Clerk Jocelyn Bronson, Senior Assistant Town Attorney Cedric Hay and Assistant Town Manager Deb Thalasitis. At the Town Council meeting held on July 21, 2009 Assistant Town Manager Deb Thalasitis presented the subcommittee's recommendations. Council members made suggestions and provided feedback which has been incorporated into two separate ordinances and a resolution, all of which are being presented together. The ordinances update the Town Code and the Town's Land Development Code and the resolution adopts procedures that apply to CACs only. A separate item regarding changes to the Personnel Action Review Board is also being presented which will, among other things, incorporate the recommendations of the sub-committee to maintain consistency within the town. If adopted the ordinances will establish a uniform method of appointment for all the Town's commissions and committees and will make all the terms of office four years, removing any term limits. Title 2 of the Town of Marana Land Development Code and Chapter 2-6 of the Town Code will also be updated in separate agenda items to reflect the subcommittee's recommendations. ATTACHMENTS: t~ta~~~i.e: l.)~:scriptior~: ~l`~'p~;: ~ C?rdin re_CAC changes {Oflt115707-2).C)OC C}rdinance changing CAS prauisicns in Town cccie Ordinance Staff Recommendation: Staff recommends approval of the two ordinances (Title 2 of the Marana Town Code and Title 2 of the Marana Land Development Code) and approval of the resolution establishing procedures for appointments, terms and the operating rules of CACs. Regular Council Meeting -August 4, 2009 -Page 63 of 98 Suggested Motion: I move to adopt Ordinance 2009.18, amending chapter 2-6 of the Marana Town Code, specifically sections 2-6-2 and 2-6-3 relating to membership and appointments to Citizen Advisory Commissions; and declaring an emergency. Regular Council Meeting -August 4, 2009 -Page 64 of 98 MARANA ORDINANCE N0.2009.18 RELATING TO BOARDS COMMISSIONS AND COMMITTEES; AMENDING CHAPTER 2-6 OF THE MARANA TOWN CODE, SPECIFICALLY SECTIONS 2-6-2 AND 2-6-3 RELATING TO MEMBERSHIP AND APPOINTMENTS TO CITIZEN ADVISORY COMMISSIONS; AND DECLARING AN EMERGENCY WHEREAS the Marana Town Council has created citizen advisory commissions to provide a forum for the public to hear about and provide input on topics and issues that help guide town programs and strategic objectives; and WHEREAS the revisions contained in this ordinance are based on the recommendations of a subcommittee established by the Mayor to revise current policies regarding membership, appointment and procedures for Town boards, commissions and committees, and WHEREAS the Town Council finds that a simplified and uniform appointment process for Town boards, commissions and committees is in the best interests of the Town; and WHEREAS several vacancies currently exist on various boards, commissions and committees which must be filled so that the boards, commissions and committees can continue their work. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1: Title 2 of the Marana Town Code is hereby revised by amending section 2-6-2 as follows (with deletions shown with *~'~ and additions shown with double underlinin~l: Section 2-6-2 Application, recommendation, appointment and removal A. cept for the initial appointment of a new board. commission or committee he council shall establish a regular schedule for appointment and r~a~pointment of board. commission or committee members.~asaesies-erg new ana exisfing-~iti~ee~f~s, sea~+nees °-a„a-~m:ss~s °"tee ~nnn~ mnorl nn the #n~an'c in#ernn# uinh ci#o ~~ii#h nn nncn invi#~#inn nnlini#inn nnnlinn#innc frnm in#croc#or! ni#i~onc OrJ rt i#innnl nn#inoc mrni ho r`~ ihlichnA nnrl B. The town manager and/or c pplication process. applica process for vacancies that established by the town ce developed by the town r announcement and invitatior Regulq~~~~~~~~i~~0~y~ust 4, 2009 -Page 65 of 98 I sianee shall be responsible for developing an Lion forms and management of the recruitment exist on boards, commissions or committees ncil. The recruitment and application process anaaer or designee shall include a public i for aaplications and establish a minimum time- - I - {00015707.DOC / 2) fr me for receipt of aaalications. If the minimum number of aaalications n eded is not received. by the established deadline the town manager or desianee A,ffer +~h~an^^„^^^.,.,°^+ i^ ~ir~+ ^„"r^"ed +- ;~tewn-merle s"~:: ^'~shall continue to receive applications until enough have been received to fill the vacancy or vacancies. C. ~- O--The town manager and/or desianee shall review the applications, investigate the qualifications of the applicants, and forward all aoplications ^~~~° ° r°^^mm°nr+^+i^^ to the town council D.~ The town council shall receive the applications '^~ +"° r°^^^^^^°^,+°+i^^ at a public meeting not more than thirty days after the town manager's (or desianee'sl receipt of the applications. The town clerk shall mail each citizen applicant notice of the public meeting concerning the appointment. ~~ At the public meeting concerning the appointment, the town council may do one or more of the following: 1. Interview one or more applicants either in public or in an executive session scheduled for that purpose. 2. Make one or more appointments. 3. Order the solicitation of additional applications. 4. ~. D°n°iv° nnmin^+inr~c fr^m m°mL~°rc~ ni +h° +n~~in nn~ ~nnil 6-Take any other action it deems appropriate. F.fr Citizen members of boards, committees and commissions shall serve without compensation, except for reimbursement of town-approved necessary and reasonable expenses incurred in accomplishing the purposes of the board, committee or commission. Sze A member of any board, ommission or committee may be removed from office with or without cause by a majority vote of +e m°m"°rc~"in ^f the town council. SECTION 2. Section 2-6-3 of the Marana Town Code is hereby revised as follows (with deletions shown with st~il~eeets and additions shown with double underlinin~l: Section 2-6-3 Terms of office All termsy~of office for boards, commissions and committees shall be for ~tws years wFtti ' m^vim~ ~m of +hr~ n-w r^a .~~ ~+iv° +°rm^ °Iln~~ioi+ n^+ +n °vn°°.+ ~ except that the initial terms of office of any new board, commission or committee shall be staggered so that the terms of no more than a simple majority of members ends every two years. Regulq~~~~~~~~i~~Q~~c,~ust 4, 2009 -Page 66 of 98 _ 2 {00015707.DOC / 2} SECTION 3. IT IS FURTHER ORDAINED that, since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this ordinance become immediately effective, an emergency is hereby declared to exist, and this ordinance shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 4t" day of August, 2009. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regulq~~~~~~i~~0~y~ust 4, 2009 -Page 67 of 98 _ 3 _ r 100015707.DOC / 2} ~~ ~~~f eft 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, August 4, 2009, 7:00:00 PM To: Mayor and Council Item B 3 From: Deb Thalasitis ,Assistant Town Manager Strategic Plan Focus Area: Community Building Subject: Resolution No. 2009-126: Relating to Boards, Commissions and Committees; approving procedures regarding membership, appointment and operation of Citizen Advisory Commissions; and declaring an emergency Discussion: A sub-committee composed of Council Members Comerford, McGorray and Ziegler was appointed by Mayor Honea to review the process and procedures for the appointment and operation of Citizen Advisory Commissions or CACs. Staff assistance was provided by Town Clerk Jocelyn Bronson, Senior Assistant Town Attorney Cedric Hay and Assistant Town Manager Deb Thalasitis. At the Town Council meeting held on July 21st, 2009 Assistant Town Manager Deb Thalasitis presented the subcommittee's recommendations. Council members made suggestions and provided feedback which has been incorporated into two separate ordinances and a resolution, all of which are being presented together. The ordinances update the Town Code and the Town's Land Development Code and the resolution adopts procedures that apply to CACs only. A separate item regarding changes to the Personnel Action Review Board is also being presented which will, among other things, incorporate the recommendations of the sub-committee to maintain consistency within the town. If adopted the ordinances will establish a uniform method of appointment for all the Town's commissions and committees and will make all the terms of office four years removing any term limits. Title 2 of the Town of Marana Land Development Code and Section 2-6 of the Town Code will be updated to reflect the subcommittee's recommendations. This resolution approves a uniform set of procedures regarding appointments, membership and procedures for CACs. ATTACHMENTS: N~ttttc: O Reso re_CAC_p_racedures fooa~'a9~9~.~oC ~ CAC Proeedures[2].pdf Description: Resolution approving C;AC procedures Exhibit to Resolution "I`ype: Resolutsan Exhibit Staff Recommendation: Staff recommends approval of the two ordinances and the resolution updating the Town Code and Land Development Code and establishing procedures for appointments and terms. Regular Council Meeting -August 4, 2009 -Page 69 of 99 Suggested Motion: I move to approve Resolution 2009-I26, approving procedures regarding membership, appointment and operation of Citizen Advisory Commissions; and declaring an emergency. Regular Council Meeting -August 4, 2009 -Page 70 of 99 MARANA RESOLUTION N0.2009-126 RELATING TO BOARDS, COMMISSIONS AND COMMITTEES; APPROVING PROCEDURES REGARDING MEMBERSHIP, APPOINTMENT AND OPERATION OF CITIZEN ADVISORY COMMISSIONS; AND DECLARING AN EMERGENCY WHEREAS the Marana Town Council has created citizen advisory commissions to provide a forum for the public to hear about and provide input on topics and issues that help guide town programs and strategic objectives; and WHEREAS asub-committee was established by the Mayor to revise current policies regarding membership, appointment and procedures for Town boards, commissions and committees; and WHEREAS the Town Council finds that a simplified and uniform appointment process for Town boards, commissions and committees is in the best interests of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. The Citizen Advisory Commission Procedures attached to this resolution as Exhibit A and incorporated herein by this reference are hereby approved. SECTION 2. The Town's manager and staff are hereby directed and authorized to undertake all other and further tasks required to carry out the aforementioned procedures. 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 4th day of August, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. 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E :~+ L a~ Q H o ra .n L O L ~ a) •cra •,:.. ~,., V ~ ~- U o ~ °.° E E a~ ~'~ +~ o o E.° o~ o~ E a~ o~ ~ U ~ ro ~ ~ . L ° ° s,., a~ -.• f"' cs cr ~ - to ~ ~ .i4 ~ ~` C .C tl7 N Q tD 'C7 L >` U1 ~ O >` = N o moo ~°~`rE°~'~c~'v aEi° ~c~ncLo ~~°a'o O~ ~v > Lrn 'o~U~-mac>a~ _~ a~ Eo Qoo ~ o0 _ ~ ~ ~ •'' Ca~ov~V ui ~•~ ~ CO al O L VQ .aL ~ ~~U cam ~ O ~ ~ ~ U te • r ~ ~ L ~ O L o ~~E.- ~ ~ ~ ~ ~~ ,•„ ~ ~ ~ -~ °o o~ ~ ~ - - N +~ i ~ vt N n ~ ° ° ~ ~ a~ ~ .C p V ~~co¢o~ °.,..~N~v~~.. O ~ ~ i w ~ ~ ~~~ ~~ ~ ~ ~ •cn o ~. ~ •.~~,, o ~ ~~~.~ ~ ~1-c~a~'iv,~ ~ U ~ N ~ Q ~ . > O ¢ ~ [n +- o-~v ° o ~ ~ ~ ° ~ ° ~ ~ 9i ~ a~--+ V ~+ U ~ C o o~ n~°=~ . ~ O C U C U ~ ~o~o°ca r~ ~~~ -~ .~ .~ o C n~~ .o ~ ~ a n °`"- ~~ . - ~ a ro-~~ao~ N ~ ~ O O N ~ ~ `~ ~ . ~ U 'C3 O ~ ~ ~ t~l1 ~ -~ ~ v... ° -p ~ a1 C ~ ~ L v ~ a..., ~1 ~ ~ tti3 : L ~ RS ~ ~~ ~C • a ~ o o~ ~V ~' ~ Q cU Q ~ ~~ O~ U O V C ~ ~o~ C--cn~Q , O U ~ ~ ( O ~ ~ j ~ ~ C ~ ~ ~ ~ ~ ~ C fa p ~Q o~~~~~ .. 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V_ a .N O U 0 .~ Q .~ C U c c ,~ v ~ ~ ~ ~ ~ ~ .~ ~ ~ ¢ U ~ o ~ p ~ ~ ~ Q ~V ~ ~ ~ ~ ~ ~ .._ O E .~ V a~ ~ o u... ra ~ .iQ U .~ ~ 'n v ~ ,cn o ~ ~ .~ CO o ~ V ,'_' ~ v rts ~ ~ v cn to ~ ~ O ~ , C G .ice -.'. ~'"" ~ L •i--~ ¢ ~-+ N C C C ~ .L L ~ N ~- C ~- ~-' ~ 0~~~ ~~ fl`4=~"~ N~ ~i (n OIL. CS'u1 Q ~N U1 O N ~„u N .~ C N ~ ~ `~ ~ N C ~3 O ~ .N~ N ~CI.S)' L ~ V Z7 F- ~ N s_ O 'C 4J (CS•~ .t..r (CS t2. Q" N ~ ~ V v1 a.:+ ~ -p O O'ff' ~ - ai a~ o ~ m ^.~X ~ a'c~ N N w ~U ~ ~ o ~~' v ° a~i.c n ~ ca~o~szRS-c~¢"'tn~U~ ~~'~~E~v~ ~~Lo°~ar ~ r6 ~ o ~-a ~~~ ~ os cn ~ m ~ ~a °~ a~i o¢ °'~ ~ (O C~~ ~ `CS~ °~ C p 0 ~ O O v C U Qy o~ L~~ ~ ~ U ~ ~ L ~ ~ '~ ~ O ~ ~ ~ O C fCS ~ ~ N U cn ~ N ~ ~ O ~ N rq ~ ~ N a c~ ~ ca --- U ci. ~ •~, o ~ ~ ~ a ~ ~ ~ ns .fl a~ o c ~a~o Q~~ ~ra~l-~ .~'~c~a~ ~E a~ ~~c~ ~ ~ ~ ~ ~ a~ o ~ o ~.sa ~ QCaj ° a~ °~ rc a~i o V o' cl- ~ O L cn ~ ~ O V ~ ~ ~ cp ~ C i 'O ~ '~'' iC V LJ O N v O ~ ~ v ``~ ,., .Q~ tai ~~~~~.~ O ~,._. O '~-~ cn O ro ~ cv Z C O L (n N v :~-+ ra c V a ~ .;~ a~ u .~ V x '~' ~ o ci ~ o ~ ~ ~ ~ a °' ~ v~ ~ ~ `n °' o •~G 't'J ~ V Q .i..J •~ ~ ~ ~ ~ •1.. ~ a ~ ~ {~ ((Z Q2 O ~ V ~ ~ O ~ C O O ~ C ~ ~ ~ C ~ O ~ cn >• V ~ ~ C ~ cn ~ ~ ~-~' ~ a1 ~ O C O O N ~ O •~ ~ O ~' ~ :~' ~ ~ in O N C71 :~-' `= N > ~ ~ ~~Lc~~~~ovi~oc~-a~ -°c_' .~E:ua-' oo ~L ~ w. ~ ~ .+.. ra ca O O '- ~ N ~ o 0o c' cn 'CS ~ s au a} o ~ ~ ~ ~ cn -a ~ ~ ~ O C-3 ai cu .._ i O N C iJ ~~ L .. O W N 'Q (CS .F-~ ~ O N ~ ~ ~ ~ ~ .L ~ ~ c} a O ~ O U N Q. to ~- O ~ ~ ~ O V ..-. to L L)...+-+ ~ ~ to ~ vOi ~ N +-+O Q U i~o t0O fl. d O l0 > ~ Ou ~ :N .--a .--t 0 H m 2 W m 0 N W N N a `~" .~ ~t ~~,. co a~ ATTACHMENT Regular Council Meeting -August 4, 2009 -Page 83 of 99 A EXHIBIT A tiow+v oc. ra. x2.;,: ~= a MARANA ~ gltlLOtlp CITIZEN ADVISORY COMMISSION MEETING NOTICE AND AGENDA (Location) 11555 W. Civic Center Drive, Marano, Arizona 85653 (Date), at or after {Time) Commission Members (List names, with Chair and Secretary first then alpha order the remainder) ACTION MAY BE TAKEN BY TI-IE COMMISSION ON ANY ITEM LISTED ON TI-TIS AGENDA. Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items appear in italics. Please be courteous to others. turn off all pagers and cell phones (i.e. no texting, im, email). Welcome to this (name of commission) Commission meeting. Regular meetings are usually held the (first, second, third, fourth) (day of the week} of each rnontlt at {time}. at the Marana Municipal Complex, although the date or time may change, or Special Meetings may be called at other times and/or places. Phis agenda may be revised up to 24 hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda. If you are interested in speaking to the Council during Call to the Public or other agenda items, you must fill out a speaker card commission secretary prior to the convening of the meeting. All persons attending the commission meeting, whether speaking to the Commission or not, ace expected to observe the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. To better serve the citizens of Marana and others attending our meetings, the conference center is 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 commission meeting. Posted no later than (24 hours prior to the meeting), at the Marano Municipal Complex, the Marano Operations Center and at www.marana.com under Town Clerk, Citizen Advisory Commissions, and then the specific commission name. REGULAR MEETING A. CALL TO ORDER AND ROLL CALL"" ` ` `'' ~ `~ B. PLEDGE OF ALLEGIANCE AND INVOCATION/MOMENT OF SILENCE C. APPROVAL OF AGENDA D. CALL TO THE PUBLIC At this time any member of the public is allowed to address the Town Council an any issue not alr-ead9y on toni~ht's agenda. The speaker may have up to three minutes to Regular Council Meeting -August 4, 200 Page 84 0 99 EXHIBIT A tr~'Y~z'.,F i f;~ 7 v NIARANA ~ gR1ZONP CITIZEN ADVISORY COMMISSION MEETING NOTICE AND AGENDA (Location) 11555 W. Civic Center Drive, Marano, Arizona 85653 (Date), at or after (Time) ~ speak. Any persons wishing to address the commission must complete a speaker card located in the meeting room and deliver it to the commission secretary 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 commission may respond to criticism made by those who have addressed the Council, may ask staff to review the matter, or may ask that the matter be placed on a future agenda. E. PRESENTATIONS F. COMMISSION ACTION G. EXECUTIVE SESSIONS 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. H. FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion of what items to place on the agenda, three or more commission members must consent to a request for an item to be placed on the agenda. I. NEXT MEETING J. ADJOURNMENT -... x„_..71 , .,,-. --. -, . Regular Council Meeting -August 4, 2009 -Page 85 of 99 EXHIBIT A ATTACHMENT B Regular Council Meeting -August 4, 2009 -Page 86 of 99 EXHIBIT A ~'=~~. ir1~I~,~/i `yH ~! i iowK w .,~4a~a _ CITIZEN ADVISORY COMMISSION MEETING MINUTES Date , at or after Time MEMBERS Name Name Name Name Name Name Name Name Name, Alternate Name, Alternate CALL TO ORDER AND ROLL CALL The meeting was called to order by at p.m. Members present: , , .Members absent/excused: , A quorum was/was not present. APPROVAL OF AGENDA (Any changes to the agenda should be made 24 hours prior to the posting of the agenda. If circumstances require changes at the meeting, the changes must be noted and the agenda approved by motion prior to any discussion.} Motion to approve moved by ,seconded by .Motion failed/carried by a vote of APPROVAL OF MINUTES (CAC members should review the draft minutes prior to attending the meeting. The draft minutes from the previous meeting should be sent to the commissioners with the agenda.) Motion to approve moved by ,seconded by .Motion failed/curried by a vote of CALL TO THE PUBLIC (Have speaker cards available to fill out by anyone wishing to speaker to the Commission at this time. The speaker cards should be given to the Chair at the beginning of the meeting- The chair should allow up to three minutes per speaker for any item not on the agenda. Items brought to the commission during Call to the Public may be placed on a future agenda at the discretion of the Chair and two commissioners.) Regular Council Meeting -August 4, 2009 -Page 87 of 99 EXHIBIT A ACTION (Each item should be numbered separately. Copy the agenda language to the minutes template. For each item, give a brief overview of the presentation and any pertinent facts that would enable a person not at the meeting to understand the discussion. If action is required by the commissian, a formal motion should be made for each item e.g. Motion to approve moved by ,seconded by .Motion faited/carried by a vote of SUBCOMMITTEE REPORTS EXECUTIVE SESSION Executive Session pursuant to A.R.S. §38-431.03 (A)(3}, the commissian may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. FUTURE AGENDA ITEMS NEXT MEETING DATE AllJOURNMENT. Mahon to adjourn moved by Commissioner ,seconded by Conzn:issioner .Motion failetUpasse~ The meeting was adjourned at p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Citizen Advisory Commission meeting held on certify that a quorum was present. Name, Secretary . I further Regular Council Meeting -August 4, 2009 -Page 88 of 99 EXHIBIT A ,~f' ~~ ~~~~~~ r~~.~~~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, August 4, 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: Le islative_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: Natlte: Descril~iic~~~: Type. ^ Q9net+e Iaws.pdf i~Je~v i_a~~~s 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 -August 4, 2009 -Page 89 of 99 +~i Ir•.4~~,<,,€ ~~i~c,tia ~ . _, ~ ~ ~~ i , .. ~.. ~ F.~ ..... ....... .~....~,..,~._... .. .. ...r New Laws Report Welcome to the 2009 New Laws Re o~rt of the League of Arizona Cities and Towns. We hope this document will assist you in understanding this year's enacted legislation. A total of 1,133 bills were introduced this legislative session, 213 of which were passed by both chambers and sent to Governor Brewer. She signed 190 of the bills, vetoed 22 others, line-item vetoed two budget bills, and allowed one bill to become law without her signature. At the conclusion of each legislative session, the League reviews all the laws passed and checks each one for potential impacts to municipalities. Those laws are then summarized and compiled into this annual publication. We organize the bills by subject, provide a brief summary of each law and outline any other pertinent information in each bill. Although we make every attempt to ensure the accuracy of the summaries, we suggest further review of the full text of the law by your city or town attorney before enforcement or implementation. Obtaining copies of new laws To obtain a copy of a new law, please visit the state's legislative website at http://www.azleg.gov. Click on the link on the left side of the page titled "Session Laws." The laws can be accessed by chapter number or bill number (both numbers are included in each New Laws Report summary, and the chapter numbers are linked to the bill for your convenience) or you can search for a new law by key phrase. You can also call the League if you would like a copy of a chaptered bill. General effective date The general effective date for bills is 90 days after the Legislature adjourns; this year's general effective date is September 30, 2009. Some new laws contain an emergency clause, which means the law becomes effective when the Governor signs the bill. Bills that contain appropriations or increases in taxes and fees also become effective upon signature. Bills can also specify a special effective date, which can be later or earlier than the general effective date. The summaries indicate the effective date when a bill contains an emergency clause or other special effective date. As always, please call the League if you have any questions about the information contained in this report, or any other legislative matter. Regular Council Meeting -August 4, 2009 -Page 90 of ~leW LAWS Report 2009 GENERAL Biodiesel Fuel Dispensers; Labeling -Requires biodiesel fuel dispensers that have more than a 5 percent biodiesel blend to be labeled in conformance with Section 205 of the Federal Energy Independence and Security Act of 2007 (16 Code of Federal Regulations, Part 306). When biodiesel blends contain more than 5 percent by volume of biodiesel, a person is required to prepare product transfer documents that notify the transferee of the percentage of biodiesel by volume. For diesel fuel that contains 5 percent or less by volume of biodiesel, a person is required to prepare product transfer documents that notify the transferee of any volume percent of biodiesel intentionally added to or known by the transferor to be in the product. H.2330. Chapter 46. Burden of Proof; Emergency Treatment -Defines the standard of proof necessary to establish a medical malpractice claim against hospital emergency departments as "clear and convincing." Applies also to paramedics and emergency medical technicians. 5.1018. Chapter 110. Cooperative Purchasing Agreements -Clarifies that any public procurement unit conducting or administering a cooperative purchasing agreement for the procurement of construction or professional services must comply with the procurement of specified professional and construction services statutes. 5.1235. Chapter 181. Drought Emergency Groundwater Transfers -Provides an exemption during drought emergencies from the current law that prohibits transporting groundwater away from a groundwater basin under certain conditions. H.2440. Chapter 49. Emergency Telecommunication Services; Administrative Costs -Increases the percentage of money from the Emergency Telecommunication Services Revolving Fund that may be used for administrative purposes from 3 percent to 5 percent. S.1048. Chapter 112. Fire Insurance Premium Tax; Report -Requires each city and town fire marshal to certify in the annual report sent to the Treasurer which properties are located in an incorporated city and town with their own fire services and which properties are located in an area served by a private fire company. Stipulates that any insurer who relies in good faith upon the fire marshal's report is not liable to the state or any other person or subject to regulatory action for any calculation or submission of fire insurance premium taxes. H.2156. Chapter 135. Open Meeting Law; Minutes; Notice -Requires that electronic postings required by statute remain on a city/town's website for at least one year after the date of the posting. Clarifies that the 24 hour meeting notice requirement includes Saturdays if the public has access to the physical posted location in addition to any Internet website posting, but excludes Sundays and statutorily enumerated holidays. 5.1303. Chapter 27. 2 Regular Council Meeting -August 4, 2009 -Page 91 of 91$IeW LaWS Report 2009 Restaurants; Handguns; Posting - Allows a person with a concealed carry weapons (CCW) permit to carry a concealed handgun into the licensed premises of an establishment that sells alcohol for consumption on or off the premises unless the business posts signage banning weapons. Prohibits a person carrying a concealed weapon into a licensed establishment from consuming spirituous liquor. Specifies that the Liquor Department shall make the required signs available to licensees free of charge. 5.1113. Chapter 175. ELECTIONS City Elections; Non-Partisan Primaries; Districts -Mandates that all city and town elections be non-partisan and prohibits a hybrid system used by the City of Tucson in which councilmembers are nominated by district but elected at large. Also further preempts the ability of charter cities to provide by charter for election procedures. 5.1123. Cha_____pter_ 176.. Election Law Amendments -Moves the fall primary election date from the ninth Tuesday before the general election to the tenth Tuesday before the general election. This will become effective for the 2010 election. If you mail sample ballots out to voters, you no longer need to send one to voters on the permanent early voter list. Early ballots are not to be distributed unti126 days before the election. S.1074. Chapter 149. Local Elections; Signature Requirements -Sets the minimum number of signatures required on the nominating petition for mayor or other office elected at-large to be either 1,000 or 5% of "the vote in the city," but in no case more than 10% of the vote. (Formerly, the minimum number of signatures required was 5%.) H.2048. Chapter 16. Secretary of State; Elections; Filing Correction -Removes limitations and extra reporting requirements on the expenditure of personal monies by candidates pursuant to a recent decision by the U. S. Supreme Court. The new law allows cities which hold nonpartisan elections to adopt by ordinance an alternative minimum number of signatures for nomination petitions. Also defines that in calculating the number of signatures required on referendum petitions acity- or town-wide election must be used. Circulators can no longer fill in the address and other information on petitions; the information must be completed by the signer. Establishes a new crime of "petition signature fraud" and sets penalties for violation. Reduces the time period for court challenges to initiative and referendum petitions. Removes procedure for counting ballots when two or more ballots are found folded together or when the number of ballots in the box exceeds the names on the poll lists. Instead of providing a paper copy of Title 19 to those applying for an initiative or referendum, the clerk is to provide information on how to access the information electronically. This can be accomplished by providing the link to the Secretary of State's website. 5.1091. Chapter 114. Voter Identification; Valid Forms -Expands the list of permissible identification to be used by voters at the polls. In addition to other changes, allows a U.S. passport to be 3 Regular Council Meeting -August 4, 2009 -Page 92 of ~leW Laws Report 2009 used as long as additional identification indicating the voter's address is also provided. This is an emergency measure with an effective date of July 13, 2009, pending U.S. Justice Department pre-clearance. H.2627. Chapter 173. FINANCE County Renewable Energy Incentive Districts - Allows a governing body of a county, city or town to designate a renewable energy district if all of the following apply: - A proposed district consists of vacant or underused property, or other property deemed suitable by the governing body; - The proposed district is located in an area compatible with the construction and operation of renewable energy equipment; and - A proposed district does not conflict with the general plan. - Requires a governing body that establishes a district to adopt a renewable energy incentive plan. Allows a renewable energy incentive plan to include: o Expedited zoning or rezoning procedures; o Expedited processing of plans, proposals and permits; o Waivers or abatement of zoning fees, processing fees, improvement district fees and development fees; and o Waivers or abatement of development standards and procedural requirements. H.2336. Chapter 86. Education Omnibus -Exempts school districts and charter schools from municipal tax on the storage, use, or consumption of personal property. Makes numerous other changes to education policy. 5.1196. Chapter 95. General Obligation Bond Requirements -Makes several changes to the data required to be distributed to voters as part of the information pamphlet pertaining to a bond election. Requires that the impact of the tax increase necessary to pay off the bonds be calculated with the assumption that the assessed valuation of the hypothetical residential or commercial property increases annually at 50 percent of the projected total annual increase in the full cash value of the property. (Previously, the estimated impact was to be based on an assumption that the assessed value of the property remained constant.) Requires notification if the bond authorization combined with current outstanding debt exceeds the jurisdiction's current constitutional debt limit. Also, bonds issued to repay other bonds (called refunding bonds) do not need voter approval if the weighted average maturity of the new bonds is less than 75 percent of the average maturity of the bonds being refunded. H.2360. Chapter 140. Property Valuations; Telecommunications Companies -For the purposes of property taxation, changes the current practice for the depreciation of the assets of telecommunications companies by now using a straight line basis (formerly, depreciation was based on tables adopted by the Department of Revenue in 1993). Provides that in no case shall a building be valued at less than 20 percent of cost nor shall other 4 Regular Council Meeting -August 4, 2009 -Page 93 of ~leW Laws Report 2009 telecommunications property (e.g., cable) be valued at less than 10 percent of cost. Retroactive to valuation years beginning January 1, 2009. H.2314. Chapter 169. Recreational Corridor Districts; Termination Date -Extends the deadline date for the formation of recreational corridor channelization districts from July 1, 2010 to July 1, 2015. S.1183. Chapter 179. Renewable High-Wage Industries Incentives - Establishes a renewable energy business property and income tax incentive program within the Arizona Department of Commerce for expanding or locating qualified renewable energy manufacturing or headquarters in Arizona. The program begins January 1, 2010 and terminates on January 1, 2016. S.1403. Chapter 96. STAN; Repayment -Requires cities and towns that have received or will receive money from the Statewide Transportation Acceleration Needs (STAN) account as part of the Roads of Regional Significance Congestion Mitigation program to repay the account within 15 years of receiving the money. (Effective for all STAN monies disbursed before, on or after the effective date of this new law.) H.2388. Chapter 105. State Treasurer; Investment Pools -Authorizes the State Treasurer to establish new long term investment pools with trust and treasury monies for the Local Government Investment Pool (LGIP). H.2271. Chapter 166. State Treasurer; Management Fees -Decreases the maximum management fee that the State Treasurer is authorized to charge the LGIP to 6 basis points (0.06 percent) from 12 basis points. Requires that the proceeds be used to offset legislative appropriations for the Treasurer's Office rather than be deposited in the General Fund. H.2425. Chapter 89. PERSONNEL ASRS; LTD Amendments -Makes numerous changes to ASRS statutes including changes to employer payment for ineligible persons, employer termination incentives and return to work. Also makes several conforming changes to ASRS statutes. H.2118. Chapter 36• Law Enforcement Officers; Discipline Procedures -Establishes additional rights of law enforcement and probation officers regarding interviews the employer reasonably believes could result in dismissal, demotion or suspension. Prohibits an employer from including any information about an investigation in the portion of the personnel file of an officer that is available for public inspection and copying until the investigation is complete or the employer has discontinued the investigation. Also specifies that if the officer has timely appealed a disciplinary action, the investigation is not complete until the conclusion of the appeal process. 5.1062. Chapter 128. 5 Regular Council Meeting -August 4, 2009 -Page 94 of mew Laws Report 2009 Public Retirement Plans; Federal Changes -Contains numerous amendments to PRPRS and EORP statutes in order to comply with changes to the federal Internal Revenue Code. Also makes several changes to make statute consistent with current system operations. H.2110. Chapter 35. Workers' Compensation; Drugs and Alcohol -Repeals statutory language that prohibits an employee from receiving workers' compensation benefits if the employee's injury or death in the workplace is due to the use of alcohol or any controlled substance and the use is a substantial contributing cause of the employee's injury or death. Repeals provisions prohibiting payment of workers' compensation benefits to an employee who fails to pass or refuses to take a drug test or alcohol impairment test within 24 hours of the employer receiving notice of the employee's workplace injury. Repeals the statute that specifies if the employer was aware of and permitted the employee's use of alcohol or any controlled substance, the stated provisions relating to the workplace injury or death are void. Repeals language requiring the employer to file a written certification with the Industrial Commission if the employer establishes a testing policy. 5.1266. Chapter 67. Workers' Compensation Omnibus -Makes changes to certain Department of Insurance filing schedules. Changes the penalty and specifies the terms for a civil action in cases of employer misrepresentation to an insurer. Requires the Industrial Commission to consider an employee's earning capacity in cases of partial disability. Requires physicians to provide information about off-label drug prescriptions upon request. 5.1262. Chapter 184. LAW ENFORCEMENT/COURTS Applicability; Self-Defense -Applies, retroactively, specified statutory changes relating to justification defenses to all cases in which the defendant did not plead guilty or no contest that were submitted to the fact finder as of Apri124, 2006. States that the purpose of this act is to clarify that the Legislature intended to apply Laws 2006, Chapter 199, retroactively to all cases in which the defendant did not plead guilty or no contest and that were pending at the time it was signed into law by the Governor on April 24, 2006, regardless of when the conduct underlying the charges occurred. 5.1449. Chapter 190. Authorized Presence; Licensees -Exempts an individual who has affirmatively established citizenship or non-expiring work authorization from providing subsequent documentation of that status upon renewal or reinstatement of a license. Requires only an individual who has a limited form of authorization that has expired to provide documentation of citizenship or alien status upon seeking .license renewal or reinstatement. H.2306. Chapter 137. Civil Liability; Affirmative Defenses -Specifies that a victim or peace officer is presumed to be acting reasonably if the victim or peace officer threatens to use or uses a police tool product, physical force or deadly physical force to protect himself or another 6 Regular Council Meeting -August 4, 2009 -Page 95 of ~leW LaWS Report 2009 person against another person's use or attempted use of physical force or deadly physical force. The state or a political subdivision is presumed to have reasonably hired and trained its peace officers to use physical force or deadly physical force for the conditions stated above. H.2610. Chapter 123. Cold Case Reporting; Victim Reports -Requires law enforcement agencies to establish and maintain a cold case register and specifies that the register consist of the name of the victim and the name of a family member or other lawful representative of the victim. Requires law enforcement to provide notice of the register to a victim, a victim's family, or legal representatives. Compels law enforcement to provide cold case registrants with contact information for the agency-and any new information or reviews of the cold case, as well as encourage registrants to contact the agency with any new information relating to the cold case. Specifies the name of a victim and the name of a family member or other lawful representative of the victim must remain in the register for three years. The law enforcement agency must provide notice to the registrant near the end of the three year period. Registration may be extended for an additional three years upon request by the registrant. Instructs law enforcement agencies to give priority to cold cases associated with names in the register unless there is a compelling reason to investigate a cold case not associated with the register. Stipulates the cold case register is not public record and is exempt from public record requirements. S.1459. Chapter 132. Domestic Violence; Dating Relationships -Expands the definition of domestic violence to include relationships that are currently or were previously a romantic or sexual relationship. Allows the following factors to be considered in determining whether a relationship is currently or was previously a romantic or sexual relationship: the type of relationship, the length of the relationship, the frequency of the interaction between the victim and the defendant, and if the relationship has terminated the length of time since the termination. S.1088. Chapter 129. Driving Under the Influence; Methadone -States those persons who drive or are in actual physical control of a vehicle while using a drug as prescribed by a medical practitioner are not guilty of driving under the influence as long as they are not otherwise impaired. 5.1003. Chapter 124. Emergency Mutual Aid Agreements -Allows any county, city, town, private water or wastewater utility or special taxing district requiring outside aid during an emergency to enter into mutual aid agreements. Clarifies that these entities may enter into mutual aid agreements with each other if the entity provides water or wastewater services. States that the mutual aid agreements must address responding to emergencies that affect water and wastewater services as well as specify how the costs of the responding service provider will be reimbursed by the service provider that requests aid. Defines special taxing district as those that are water or wastewater utilities. S.1323. Chapter 29. Justification; Defensive Display of Firearm -Defines and creates statutory justification for the defensive display of a firearm. The justification does not apply if the person displaying the firearm intentionally provokes another person to use or attempt to use 7 Regular Council Meeting -August 4, 2009 -Page 96 of ~leW LaWS Report 2009 unlawful physical force; or uses a firearm during the commission of a serious offense or violent crime. 5.1243. Chapter 183. Juvenile; Adjudication; Diversion -Modifies juvenile DUI statutes and makes changes to statutes relating to juveniles who are adjudicated delinquent and are alleged to have committed an offense involving alcohol or drugs. S.1420. Chapter 189. Liquor Licenses; Public Recreation Area -Clarifies that drinking beer or wine in a public recreation area at a group event is not unlawful when a special permit has been obtained. H.2441. Chapter 50. Mandatory Fingerprinting; Central State Repository -Requires persons arrested for specified offenses to be fingerprinted prior to being released. Requires the arresting authority to forward a report indicating that the person was fingerprinted to all courts involved. Prohibits a person arrested for a felony, domestic violence, sexual or DUI offense from being released until that person provides a right index fingerprint to the arresting agency. Requires the arresting agency to provide to the arrested person a mandatory fingerprint compliance form that includes instructions on reporting for ten- print fingerprinting, including available times and locations for reporting. Also contains numerous provisions related to court procedures and relaying information to the Department of Public Safety. Contains a delayed enactment date of January 1, 2010. H.2449. Chapter 120. Mandatory Vehicle Insurance; Financial Responsibility -States that failure to provide proof of financial responsibility while operating a motor vehicle will result in a civil penalty and revocation of license, registration, and license plates depending on whether it is a first, second or third citation on the receipt of the abstract of the judgment. Mandates the Department of Transportation to require proof of financial responsibility in order to reinstate a violator's driver license, registration, and license plates. Allows the court to reduce or waive the penalty imposed for a violation if the person presents to the court proof that he or she has not violated A.R.S § 28-4135 within the past 24 months or not more than one violation in the past 36 months as evidenced by the person's driving record or the person has purchased and paid in full for asix-month policy of insurance. H.2224. Cha_ Ater 165. Scrap Metal; Theft; Dealers -Makes numerous changes to scrap metal laws including prohibiting the sale or purchase of certain used catalytic converters and prohibiting scrap metal dealers from purchasing certain types of scrap metal in its original manufactured form. Requires DPS to make the scrap metal information submitted to them by scrap metal dealers available to local law enforcement agencies over the Internet. Requires DPS to provide for training and procedures to allow law enforcement personnel to access the information provided electronically for law enforcement purposes. H.2465. Chapter 144. Sex Offender Registration; Study Committee -Requires registered level three sex offenders be placed on GPS or electronic monitoring if serving a term of probation. 8 Regular Council Meeting -August 4, 2009 -Page 97 of ~leW L3WS Report 2009 Stipulates that any other persons serving a term of probation are not precluded from being subject to GPS or electronic monitoring. Effective July 9, 2009. 5.1011. Chapter 125. Storage; Firearms; Motor Vehicles -Prohibits public or private employers from establishing, maintaining or enforcing a policy that prohibits a person from lawfully transporting or storing any firearm that is both in the person's locked and privately owned motor vehicle or in a locked compartment on the person's privately owned motorcycle and not visible from the outside of the motor vehicle or motorcycle. Does not apply to: - Property owners, tenants, public or private employers that provide a parking lot, parking garage or other area designated for parking motor vehicles that are secured by a fence or other physical barrier; limit access by a guard or other security measure; provide temporary and secure firearm storage; and allow for the immediate retrieval of the firearm on exit from the premises. - Property owners, tenants, public or private employers or businesses that provide alternate parking in a location reasonably proximate to the primary parking area and do not charge a fee for such parking. - Nuclear generating stations that have a secured and gated or fenced parking lot, parking garage or other area designated for parking motor vehicles; and provide temporary and secure firearm storage. - Parking lots, parking garages or other areas designated for parking motor vehicles that are on an owner or tenant occupied single family detached residence. - Department of Defense contractors located in whole or in part on a U.S. military installation. 5.1168. Chapter 177. Vehicle Accident Reports - Requires a law enforcement officer or public employee who investigates a motor vehicle accident to forward a copy of the report to the Arizona Department of Transportation and to provide a copy of the unredacted report to the following: - A person who is involved in the accident or the owner of a vehicle involved in the accident; - Any licensed insurer if the report is related to an investigation into fraudulent claims or any insurer that writes automobile liability or motor vehicle liability policies and that is both under the jurisdiction of the Department of Insurance, an insurance support organization, or aself-insured entity or its agents, and is an insurer of a person or vehicle involved in the accident; and - An attorney licensed to practice law or to a licensed private investigator representing a person involved in the accident in connection with any civil, administrative or arbitration proceeding. Allows a law enforcement agency to deny a request for a copy of an unredacted accident report if the agency determines that release of the report would be harmful to a criminal investigation. 5.1289. Chapter 131. Vehicle Impoundment; Administrative Towing Fund -Prohibits the impounding agency from charging administrative fees to the towing company that provides removal, immobilization, impoundment, storage, or release of the vehicle. 5.1169. Chapter 158. 9 Regular Council Meeting -August 4, 2009 -Page 98 of ~eW LaWS Report 2009 LAND USE/PLANNING Charter Schools; Zoning -Requires municipalities and counties to allow a charter school to operate where a school in a school district would be allowed to operate. Authorizes municipalities and counties to prohibit, through zoning regulations, charter schools from operating in an existing single family residence located on less than one acre of property. Subjects charter schools to the same level of oversight, ordinances, limitations, or requirements applicable to schools operated by school districts. Applies municipal or county building codes to charter school construction and development. H.2099. Chapter 98. Municipalities; Exchange of Real Property - Allows a city or town to exchange a parcel of real property that it owns for another parcel of real property that is located outside of its corporate boundaries. H.2014. Chapter 15. TRANSPORTATION Omnibus; ADOT -Makes numerous changes to statutes regulating the Arizona Department of Transportation (ADOT) along with numerous changes to transportation and transportation-related statutes. Specific provisions affecting cities and towns: - Requires a city or town to repay monies received from the Roads of Regional Significance Congestion Mitigation subaccount of the State Transportation Acceleration Needs Account within 15 years after receiving the loan. - Allows a city or town to construct, operate and finance the construction of toll roads within the corporate limits. - Permits local authorities to create public transportation stops on state highways or routes if the speed limit does not exceed 55 miles per hour. - Requires a school to remove portable signs within one hour after the school session ends or pursuant to an agreement with a city or town. - Changes the definition of implement of husbandry to include that "incidentally operated or moving on a highway" means travel between a farm and another part of the same farm; from one farm to another farm; or a farm and a place of repair, supply or storage and defines farm. - Allows drivers of implements of husbandry to drive slower than is reasonable if the speed exceeds the maximum safe operating speed of the vehicle; and allows the driver to drive slower than the reasonable flow of traffic if the speed exceeds the maximum safe operating speed. 5.1320. Chapter 187. Regional Transportation Authorities; Qualifying Counties -Allows counties with a population greater than 200,000 but equal to or less than 400,000 to create a regional transportation authority. H.2480. Cha tp er 52. 10 Regular Council Meeting -August 4, 2009 -Page 99 of ~eW LaWS Report 2009