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08/18/2009 Council Agenda Packet
~~~`~i~ ~~~~~ t ivwz A~ NA~:i:+.M REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, August 18, 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. otherszplease turn off or_put in silent mode all pagers and cell_phones. Meeting Times Welcome to this Marana Council meeting. Regular Council meetings are usually held the first and third Tuesday of each month at 7:00 p.m. at the Marana Town Hall, although the date or time may change, or Special Meetings may be called at other times and/or places. Contact Town Hall or watch for posted agendas for other meetings. This agenda may be revised up to 24 hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda. Speaking at Meeti~ 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 18, 2009 -Page 1 of 225 Agendas Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online at ~v~~•w.mar~.xa.cc~, 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 17, 2009, 7:00 PM, at the Marana Municipal Complex, the Marana Operations Center and at «lyvw.atana.co_rr~ 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 ANNOUNCEMENTS/UPDATES PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS STAFF REPORTS Presentation: Marana Chamber 2009 2nd Quarter Report and Business Plan GENERAL ORDER OF BUSINESS CONSENT AGENDA The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion will approve all items on the Consent agenda, including any resolutions or ordinances. A Council Member may remove any issue from the Consent agenda, and that issue will be discussed and voted upon separately, immediately following the Consent agenda. Regular Council Meeting -August 18, 2009 -Page 2 of 225 C 1: Resolution No. 2009-127: Relating to Utilities; approving and authorizing the Mayor to execute an agreement for construction of water facilities under private contract for the Continental Crossing project (Dorothy O'Brien) C 2: _Resolution No. 2009-128: Relating to Development; approving and authorizing a development plan for Legacy Apartments at Dove Mountain Centre II (Lisa Shafer) C 3: Resolution_No, 2009-129: Relating to the Police Department; approving and authorizing the Town Manager to execute a funding agreement with the Governor's Office of Highway Safety Under The Highway Safety Program (23 U.S.C. §§401-404) to fund the Marana Police Department's participation with the Click It or Ticket Next Generation Mobilization (T VanHook) C 4: Resolution No. 2009-1_30;_Relating to the Marana Municipal Airport; approving and authorizing the Town Manager to execute a grant agreement with the Arizona Department of Transportation (E9F65) to provide state share match funding to FAA 3-04-0058-17 (T VanHook) C 5: Resolution No. 2009-131: Relating to Intergovernmental Relations; authorizing staff to coordinate with Pima Association of Governments to complete a greenhouse gas emissions inventory for the Town of Marana (Jennifer Christelman) C 6: Resolution No. 2009-132: Relating to Development; adopting a notice of intent to enter into a retail development tax incentive agreement for the Marana Mercantile development project proposed to be located southwest of Interstate 10 at the northwest corner of Marana and Sandario Roads (Frank Cassidy) C 7: _Resolution No. 2009-133._Relating to Personnel; approving and adopting amendments to the Town's Personnel Policies and Procedures, revising Chapter 5 - Work Rules, Policy 5-7 -Personnel Action Review Board (PARB); and declaring an emergency (Suzanne Machain) C 8: Resolution No. 2009-134: Relating to the Police Department; approving and authorizing full participation on the Pima County/Tucson Metropolitan Counter Narcotics Alliance, a law enforcement task force (T VanHook) C 9: Resolution No. 2009-135: Relating to Development; approving and authorizing a final plat for Twin Peaks Retail Center (Lisa Shafer) C 10: Resolution No, 2009-136: Relating to Community Development; approving and authorizing submission of an application for funding under the Transportation Investment Generating Economic Recovery (T VanHook) C 11: Resolution No._2009-137: Relating to the Capital Improvement Program; approving and authorizing funding to support the design, environmental assessment, and permitting for the Tangerine Traffic Interchange (T VanHook) C 12: Resolution No. 2009-138: Relating to Administration; approving fiscal year 2009- 2010 budget adjustments (Erik Montague) C 13: Resolution No. 2009-139: Relating to Utilities; approving and authorizing the Mayor to execute an agreement for construction of Water Facilities Under Private Contract for the Marana Mortuary and Cemetery project (Frank Cassidy) C 14: Minutes of the July 21, 2009 regular council meeting and August 4, 2009 regular council meeting Regular Council Meeting -August 18, 2009 -Page 3 of 225 COUNCIL ACTION A 1: PUBLIC HEARING: Relating to Annexation; public hearing to discuss and consider an application by the Town of Marana to annex approximately 47 acres located at the northwest corner of Lambert Lane and Blue Bonnet Road alignments into the Town of Marana (Lisa Shafer) A 2: Resolution No. 2009-1.40_Relating to Personnel; approving and authorizing an amendment to the Fiscal Year 2009-2010 classified salary schedule adopted by the Town Council on June 23, 2009; adding the position of Utilities Services Supervisor and eliminating the position of Utilities Technology Coordinator; and declaring an emergency (Suzanne Machain) BOARDS, COMMISSIONS AND COMMITTEES B 1: Resolution No, 2009-141: Relating to Boards, Commissions and Committees; standardizing and modifying the terms and term expirations of members of Town of Marana Citizen Advisory Commissions (Mayor Honea) B 2: _Resolution No. 2009-142: Relating to Boards, Commissions and Committees; making appointments to the Town of Marana Citizen Advisory Commissions (Mayor Honea) B 3: Resolution No. 2009-143: Relating to Boards, Commissions and Committees; appointing members to the Town of Marana Personnel Action Review Board; and declaring an emergency (Suzanne Machain) ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Resolution No. 2009-_144 _Relating to Intergovernmental Relations; authorizing and directing Town of Marana representatives concerning proposed Arizona League of Cities and Towns Resolutions (Steve Huffman) D 2: Le_.gislative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature (Steve Huffman) EXECUTIVE SESSIONS E 1: Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. E 2: Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), discussion or consultation for legal advice with the Town's attorneys and discussion and to consider its position and instruct the Town Manager and staff concerning possible acquisition of certain water infrastructure and accounts and water rights and/or resources E 3: Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), discussion or consultation for legal advice with the Town's attorneys and discussion and to consider its position and instruct the Town Manager and staff concerning (1) the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008-001131, (2) pending legal issues, settlement discussions and contract negotiations relating to the transition of Marana wastewater collection and 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 Regular Council Meeting -August 18, 2009 -Page 4 of 225 town's position and instruct its representatives regarding negotiations for the purchase of property rights needed for the Camino de Mariana & Dove Mountain Extension project, CIP number 2001-052, from the parcels of property generally identified as Pima County Assessor's parcel numbers 216-26-003A and 216-03-0040 E 5: Executive session pursuant to A.R.S. § 38-431.03(A)(1) for discussion about and interviews of prospective candidates for various Town boards, commissions and committees 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 18, 2009 -Page 5 of 225 ~, d E ~J~ . _`'~`,t .s.. ~~ ~ ~ . ~ , Tr,~ S_ :. , ~,.~ E ., RP~~1~~co~n~~~Meet~n~_pUgUSt~s~2oog-~~~~~~b~,~~l~~~ ~ ~ ~C~~~~=z.~~I[~"Y ~~~~Tl~~y~~?~~_ ~~ (~~~_~, r' ~° ' ~ , ~, j:~ qtr ~f ~~~ ~- ~3 E~~~ fir of 2~a -~ ~ ~ ~ ~i~~7 C~.~~~~~ Regular ~OU~Cit then#ing - R~tgu~t rt8; 2089 - E?~g~ 7 of 225 2"' ~, ~,~~~FL,rRAk .,~ ,t w ~- ~~ - ~.~ ~, ~.!_ ~~` 2009 2008 In State Visitors 49 42 Out of State 181 276 ForeY~~~s~itors 77 79 Visitors Reg~ia~ co~~c~i n~~t~ng -August ~e, zoo9 - ~~~~~~. .;..~~~~.... _2 ..:..> ~ 4.~~~TY ~.~,..;~Tl~~~~~~~~ . ail Statistics Mail 2009 2008. Tourism Requests 7 2 Relocation 17 17 Busir~~'s~~rests 7 12 _~~ _~ ,~ Activities April ~Q9 --dune 2C~~9 ^ Held bi-monthly New Member Orientation. Held a Educational Class to provide information regarding Business Banking Held the State of the Town Address & Breakfast in April. Held our monthly legislative & Economic Development Briefings.... Assisting with Town of Marano to inventory the businesses located in Marano. Reguia~cnur~c;t~n~c;~~-~c~q~sc,a,zoos-k3l~~,~1~IG BUSIr~I~SS & COM~tiUPII`~"Y REL~~I"~?I~SHIPS~`'' ~~ ~°.~'~ -- pril 2O - dun 2 Our visitor Center was inspected by the Arizona Office of Tourism and we met all of the required standards by the state. Annual Principal for a Day event on April 21. Had great participation from local schools & businesses. Held our Annual Baard Retreat in May 2x09. Regular Cou~cii Meeting - August t8, 2009 -Page i4fl4225 05000 30000 $38,6 t~', I 25000 i 20000 ~ $26,9' S 15000 $18 0 $22,5 10000 ~, X12,9 5000 r_ 6g 0 ~ $8 ' ,. 181 200-2005 125. 2005-2006. ;116 2006-2007 2aa~-za~e Regular Council Meeting -August 1&, 20fl9 -Page 11 of 225 2008-2II09 g ^ New Members ^ Membership Dues Membership Renewals looooo ., 90000 80000 I S95 1 i 70000 ~'; 60000 S78 ,. $87 4 50000 S68 40000 '; ' 30000 20000 $42 10000 0 15 ~ , 2g `Renewal Dues 2004-2005 - 33 _ 2Q05~2Q06 ~~ '~ Renewing Members 2005-20D7 2007-2008 ~' zoas-loos Regular CounCi~ Me~tint~ - tlugust t8, Y009 - Pfig~;12 of 225 O Renewing Members ^ Renewal Dues 500 400 300 2~9 200 342 502 518 505 100 0 20042005 2005-2006 2006-2007 2007-2008 2008-2009 Regular Ct~tanGil tvieeting - Autgust't$,.2D49 - Page f3 0f 225 DATE: July 2, 2009 TO: Mayor and Council Members FROM: Ed Stolmaker, President/CEO SUBJECT: 2"d Quarter Report for 2009 Calendar Year The figures below show the number of new businesses, and the businesses in Marana that joined the Marana Chamber of Commerce compared to the 2"d quarter of 2008. Membership is now, 505 active companies 2"d Quarter of 2009 23 2"d Quarter of 2008 31 Marana businesses that ioined the Chamber in the 2"d quarter: A New Creation Women's Clinic Luke's Italian Sandwiches Chase Bank Mathnasium of Marana Cotton Blossom Thrift Store Rovia Grum 's Grill Stardance Center Grum 's Jr. Bar & Grill The Sure Fix, LLC Hi h Heels for Hoe The Tutorin Center, Marana Homes Direct of Arizona Visitor Center 2"d quarter statistics VISITORS 2009 2008 In State Visitors 49 42 Out of State Visitors 181 276 Forei n Visitors 77 79 TOTALS 307 397 MAIL 2009 2008 Tourism Re uests 7 2 Relocation Re uests 17 17 Business Re uests 7 12 TOTALS 31 31 i~~~~ ~h~~ _ ~~ r~~c~ 5C~' l~r- ~t~<'°~„314 ~ ~. _ ~:~~ Activities in April 2009 -June 2009 • ..Ribbon Cutting/Membership Celebrations at o Grand Opening at The Tutoring Center, Marana o Grand Opening at Chase Bank, Tangerine / Thornydale o Grand Opening at Cotton Blossom Thrift Store in Marana • Held Networking Mixers events at: o Hooters of Marana, Annual Chamber Luau - 88 attended. o Canyon Community Bank, Continental Ranch - 31 attended. • Held the State of the Town event for the Town of Marana at the Stardance Center • We held our Annual Principal for a Day event on April 21. There was a great participation from local schools & businesses. • Held bi-monthly Marana Chamber 101, new member orientation, rather than Quarterly o Marana Chamber 101, April 10, 2009 o Marana Chamber 101, June 12, 2009 o Next Marana Chamber 101 is scheduled for August 21, 2009 • Tuesday, May 5 -Held an Educational Class regarding Business Bank: Interest Rate, Loans, Business Checking o Had 4 financial institutions attend to speak o Next Educational Class will be about Commercial Leasing or Purchasing for your business on August 4. • Held monthly Legislative & Economic Development Committee meetings o April -Dick Castner, Executive Director of the Western Region for the US Chamber of Commerce /Tom Tracy, Chairman of the Pima County Sports & Tourism Authority / Steve Huffman, Intergovernmental Affairs Administrator o May -Gilbert Davidson, Town Manager & Eric Montague, Finance Director -Budget Update /Steve Huffman, Intergovernmental Affairs Administrator o June -Dorothy O'Brian, Assistant Utilities Director -Update on wastewater. Bryan Hauge, President of River Rock Investments -Marana Main St. Update. Steve Huffman, Intergovernmental Affairs Administrator • Rode the Sun Shuttle in Continental Ranch & Reserve and placed the brochures on display in the Visitor's Center. • The Arizona Office of Tourism inspected our Visitor Center and we met all of the required standards by the state. • Assisting with the Town of Marana to inventory the businesses located in Marana. • Held our Annual Board Retreat to come up with "action plans" for the upcoming fiscal year: o Diversify & entice a younger membership ^ Investigate Internet social networking groups (Linkedln, Facebook, Twitter) o Create a strategy for Chamber self-promotion -Give our members VALUE of being a Chamber member. ^ Send information on why the Chamber is great -different ways to network besides events. o Membership retention & recruitment campaign for 2009-2010. -- MARANA ~ _-^-.. i 4 BUICDII~+IC St ~StNESS & CAMIV1t~NITY ~, ..,, ..., ~ '~?- t4~R.iNk CW4A46}R SI~Sit•fSS Bt Atl?iR5 _.. ~ = .. ~ ~ - _ .<=.~ea~r1111~1 Marana Chamber of Commerce Business Plan July 2009 -June 2070 Marana Chamber of Commerce 13881 N. Casa Grande Highway Marana AZ 85653 520 682-4314 www. maranacham ber.com August 2009 ;. 4 .-• ~r ~U~LDING ,,~-~:-,---~-~~- B~fSiNESS ~ CC1h~MUN~TY REl.A7tC1l'~HtP5'"' ~~~ t LOLttG'~E(71'Y 581St MA1~.ArlA FR.+LMBElt At35lNF55 6t;€l6ERS Our Vision Statement Building Business & Community RelationshipsT"" Our Mission Statement The Marana Chamber of Commerce staff and members work collaboratively with all industries and levels of government to build a balance between economic growth and quality of life in our community. M + ~,, ~KS1kVi?FLl IN iO~IY ~US~F~CSS S~Y/~i~~ltl, (~~r~i~~ ~ R~4ti1 ~Vt~I~IiI 414Q0.NA 1.HRti1RER ~E St4f S5 (~,(.llkDi RS ,. 5 MARANA CHAMBER BUSINESS BUILDERS This model represents the Marana Chamber's focus on our members in the business community, and also on our relationship with the Marana community. KNOWLEDGE BUILDER: As your liaison between local, county and state government, the Marana Chamber serves as a resource and reference to help navigate through business issues; keeps you informed of legislation that affects your business, serves as the voice of the business community in local government and on public issues. As a member of the Marana Chamber you are a partner of the U.S. Chamber of Commerce Federation which provides legislative information for business leaders. BOTTOM-LINE BUILDER: With the Marana Chamber, we want to help our member with their bottom-line. Several programs offered: •Clip Here Save ThereT"" discount coupons and promotions are available to the general public & other chamber members. •Participation in Marana Chamber's SCF Association Plan for State Worker's Compensation. AWARENESS BUILDER: Visibility and name awareness through business listing in the annual membership directory, website listing and link, "Getting to Know You" article in the Chamber monthly newsletter, members-only referrals through the Marana Chamber office, other Chamber members and Marana Visitors Center. BUSINESS BUILDER: Marana Chamber networking opportunities., including breakfast, luncheons, ribbon cuttings and mixers, educational classes/safety seminars, Adopt-A-School program, advertising in our monthly newsletter, Corporate Circle Members and event sponsorship. COMMUNITY BUILDER: The Marana Chamber seeks ways for businesses to give back to the community by supporting a variety of charities serving the health, education and recreational needs of our fellow citizens. s ~ ~ ~ -1+~,~1l~A e~ s~~~s & coo L REIATIONSHf1~'5~' 'yi .mil ~ ,..;.. ~OUN~IE,O tq i~t'? ~...,,;.. i+IViANA[Niit+49ERaf351hf_4SHtSTtDtRS Organization Chart Membership Board of Directors I President/CEO 1 Staff Education Committee Chairperson: Pst Houston Pima Community College Ph: 206-2180 Health Committee Chairperson: Jolene Campbell Northwest Medical Center Ph: 469-8108 Legislative and Economic Development Committee (LED) Chairperson: Ginny Huffman Imagine Realty Services. Inc. Ph: 882-2865 Membership Committee Chairperson: Jill Karpe Committee Members The Matt Horn Team Ph: 747-6786 Public Relations & Marketing Committee Chairperson: Kelle Maslyn Comcast of Arizona Ph: 744-5448 Safety Committee Chairperson: Ginny Huffman Imagine Realty Services. Inc. Ph: 882-2865 Special Events Committee Chairperson: Joeee Baxley Integrity Automotive Ph: 531-0120 Welcome Committee Chairperson: Denisse Bravo Mike Jones Insurance Agency Ph: 797-8900 -~ , -1~ , ~V Ai ~u~~a~Nc BUSINESS ~ CQMMUNtTY ~~ l,> , ~ ~-A~-~ RELATft)NSHIPS'~ ~.. ~~.; >. >.. mill) r .fG #H 1°~ST „~, x~R4lN~1 CFliRtftifZ 11~~SI±~E;S Bl11Et}ERS•••~ Board of Directors 2008-2009 Chairman Chuck Luhtala Canyon Community Bank Vice Chair Jolene Campbell Northwest Medical Center Treasurer Jeri Cheatum National Bank of Arizona Secretary Steve Miklosi Breakers Water Park Past Chairman Paul Bigelow Texas Roadhouse Directors Scott Sleight AAA Landscape Bill Essenmacher Creative Catering Donald Crow Coca-Cola OK Rihl Gladden Farms Amber Smith Racy Associates Stephen Deucker The Ritz-Carlton, Dove Mountain Marsha Regrutto Trico Electric Cooperative Wally Smith Vector Impressions Ex-officio Member Jocelyn Bronson Town of Marana Josh Wright Town of Marana Office Staff Ed Stolmaker Lizzie Kelley Kathy Price Vickie Soman Tim Cruz, Bill Huffman President/CEO Office Manager Event Coordinator Membership Director Volunteers ~1- ~ ~!'~ gus~lv~ss ~ cc~ulvmr _~t = ,,:~ ~ _ ~~~ ~~~~na-IVSHf~i~ F4txtDF4} 719 l8h~ -... . ^A.n.~ ~ _. _.. ~taRa'u4 f}tA 15HFR Ri'~iiii:55 Bf.;ilDE R!i ._~..rir Executive Summary It is my pleasure to present to you the Business Plan for the Marana Chamber of Commerce for fiscal year 2009-2010. This plan outlines the organizational structure of the Chamber, our priorities and our objectives for the upcoming year. Like any other business, the Marana Chamber needs to have awell-defined strategy to successfully attain its goals. This has been a challenging year for all of us involved with the Marana Chamber of Commerce. In the past 12 months, we have been able to maintain our membership to stay over 500 members and our membership continues to grow. As we continue to stay abreast of key legislative issues, our focus remains on collaborative economic development and educational initiatives through the partnerships with the Town of Marana and the Marana Unified School District. Today, more than ever, it is clear that these partnerships are shaping our community. You, the members, make the Marana Chamber a successful Chamber appreciate your support and I look forward to another successful year. Thank You, c``°ck ~0~~~°'r`ti- Ed Stolmaker, IOM President/CEO Marana Chamber of Commerce ~~ .,~ ~ ',. .~~ ~~ 8U1lQlNG BU5tNE55 lip CQ!A+1A~tJ~V[TY RE~ATIC)NSNiPS ~:...n .,, x:.,., . -- ~ouk~~D.t~asa? ,. _._~ ~< Atawwa(Fi~14Pf((xt5iw5SWU~tttER5 _.• COMMITTEE REPORTS Education Committee Purpose: The committee was formed to be a liaison between the educational community and the business community. _ ~ ^ Principal-for-a-day program to place ^ Emphasize the Adopt A School Program businesses in the school as the committee's cornerstone ro ram ^ Adopt A School Program - 40 businesses ^ Continue to build bridges between in the program businesses and schools. In 2009 we will have Business for a Day where a business will go to a school to shadow a rinci al ^ The committee includes members of the ^ Develop new outreach programs that chamber, teachers, and a representative further business-education ties from Pima Communit Colle e ^ Host speakers of local and regional ^ Create a form for teachers or principals organizations that promote business- to fill out for the Adopt A School Program education relationships. Evaluate those organizations for inclusion in the committee's efforts ^ Created a on line form to keep track of the ^ businesses that are participating in the Adopt A School Program ^ Organize annual Education Chamber luncheon in order to highlight progress and encoura a reater artici ation • a •~ r~ ~t~s~Nlt=ss ~ con~u~v~rv <: n~~ .. F41tHU£D,N 19D7 . -. ~ r Nifih'v4 C}fl41tlEN 8t15ifIF.SS ~!!tl3fftS Health Committee Purpose: The committee was formed to be a liaison between the educational community and the business community; to educate people how to stay healthy, navigating the healthcare system, and how this can help a business. ^ Partnering with Marana Parks & ^ Hold Marana Can Do 5K in February 2010 Recreation and Marana Food Bank and gathering local sponsors for Marana Can Do 5K in February 2010 Legislative and Economic Development Committee Purpose: In an effort to support the Vision and Mission of the Chamber #o advance the general welfare and prosperity of Marana, the Legislative and Economic Development Committee is organized to provide Chamber membership and public officials a resource and forum to deliver and receive knowledge related to: economic development and legislative issues in the Town of Marana, regionally, within the State of Arizona, and in Washington, DC. ^ Hired one intern to assist with the LED ^ Hold planning session in November committee -the intern did not complete her 2009 commitment ^ Planning session -speakers for the. LED ^ Continue to work with the Town of briefings. Separated legislative committee Marana with creating a web based from the economic development committee program to inventory the businesses in Marana. ^ Legislative committee held public forums for ^ Hire an intern to assist with the LED the candidates for council ro rams The Town of Marana has created an ^ Continue to take positions on Economic Development Road Map for legislative bills and ballot initiatives Marana. George Kennedy, a member of the economic development committee is re resentin the Marana Chamber ^ Economic dev committee taking inventory of ^ Develop the Marana Chamber businesses in Marana Le islative A enda for 2010 i # •} ~r ~~~ ~ r IQIIJ~~.l~J~l~~ iRCL.tii ~oiyJ~I~ .~^ ~1.1R 1'Y~ (:H-1,ti1FkR FiI.~SllkF5581i11(yF1{~ -~-;F Membership Committee Purpose: To assist the Marana Chamber in the acquisition and retention of chamber members. ^ Developed a system to contact ^ Continue to contact members 60 days prior members 60 days before their to their renewal renewal. ^ Responsible for greeting ^ potential new members at chamber functions Public Relations & Marketing Committee Purpose: To promote the Chamber as a resource for its members and the Marana Community. ^ Combined the Clip Here Save There program with ^ Maintain the Marana Chamber the Marketplace Program. The new CHST web site ro ram is now free to all members. ^ Members may submit a coupon for the CHST ^ Continue promoting the Clip program for free. However, there will be a charge Here Save There program to do u dates on the cou on. ^ Worked with asub-contractor to develop a ^ Develop a program for promoting marketing packet to facilitate Vickie Soman selling the Chamber, to enhance membershi s. membershi ^ Established procedures for graphic design use ^ Social networking opportunities with the chamber's collaterals. ^ Created new logo for Marana Chamber 101 ^ Work with staff on providing former New Member Orientation ro ram articles for Marana Weekl News ^ Updated the website with expanded links for Gov't ^ & Legislative, and Economic Development information a es ^ Designed Marana, AZ rack card for distribution by ^ the Visitors Center. ^ Designed monthly display advertising campaigns ^ to promote networking and special events for publishing in the Marana Weekly News and Ex lorer News a er ^ Made recommendations for content for the display wall at Marana Town Hall Community Room. a '~ v._... ~~ rounnEa i:r 1ee~t BI~~~~N RrLtAnon~sNrrps~~ ~~"~ t ~aRaN>!C'Fl441ttFR tjtntvks5 RUtEDCRS ~; ~zz,;+a'gr3~ Safety Committee Purpose: To fulfill all the requirements in the SCF Association Action Plan. The action plan provides information, programs and training opportunities to reduce losses in the work place. ^ Partnered with the Tucson Chamber ^ No longer partnering with other associations & the Arizona Small Business for Safety meetings. Association to provide quarterly safety meetings, this did not work well for attendance ^ Ed Edmond is our new SCF ^ Continue to be active in preventing losses in representative and is a lot more pro our association active in assistin our committee ^ We have lost about $21,000 in ^ Continue to grow the members in the SCF premium revenue which relates to program -contacting members that have the $735 in revenue for the chamber SCF ro ram but are not in our association ~~ ~~ ~~~~ -, ~ ~1 BUILDtI'~G BUStNE55 & CUMMUNIITY R14tATloIVSHtPS~' v~- ,,;,: ,, ~ , n ~. h"OU'1Dr`.D I~/ i;R~T _ ,y~~~~ _l 411AA~ ti i h4 ~S4HfR Hl ~7Nf S5~Hekp3~i(i7(c RS Special Events Committee Purpose: To help the Marana Chamber of Commerce achieve its objectives of maintaining economic stability, providing incentives and opportunities for businesses to network and reach a broad audience, and supporting charitable/philanthropic goals. ^ Held a successful golf ^ Hold educational classes every other tournament in 2008 at the Pines month ^ Developed educational classes ^ Assist with the State of the Town Address on a uarterl basis. ^ Working on the 2009 golf ^ Work on the 2010 golf tournament tournament ^ ^ Work on the bowlin tournament Welcome Committee Purpose: To conduct new member orientation and to provide members with the opportunity to learn about the programs and benefits of being an active participant of the Marana Chamber of Commerce. ^ Changed to have the new member ^ Continue the new member orientations orientation meetings from uarterl to eve other month. ^ The committee members follow up ^ Continue the buddy system with new with all the new members after 3 members months ^ Lisa Zak coordinates all the ribbon ^ Lisa Zak will continue to coordinate ribbon cuttin s cuttin s ^ The committee members greet all ^ Continue greeting new members at new members at chamber events, events and giving out door prizes at participate in giving out door events rizes ^ ^ The committee members attend all Chamber functions r` a r~ '~~ _ ~~~~ -<----~---~-~~-.`,~~, ~99 BUILCi1NG BlJ5tNE5S ;~ Ct)AtIAAt~N1TY ~`~~~~~~ - --...."" ASARAHA ('Hi41HFR t1U5lt.k55 8#:IEI}[RS New Members 40000-~ i 35000-~'" I 30000-1" - i ~ ~ - $38,6 ~ i i ---- -- 25000-r"~ - - - - I 20000-rte ___ ~ - 15000 -~ - - i $18,0 -- 10000-~/ ~ 512,9 - ---_ -- 1 5000-ji - 0~ - 2004-2005 _ _ __ - 2005-2006 ~ - - - 2006-2007 - ---_ -- - $26,9 -- __ - -- $22,5 2007-2008 2008-2009 ~ ®New Members OMembership Dues 4 ~~ ~~ ~: J ~F~Ur~l7~n ui T9X,' BUILDING BU5lNES5 & COMMUNCfY ItEL~lTIt3NSNlRS` NAR~I N,1 LH141BFR Nt ~yJ1FS5 BL;ItBt RS Membership Renewals ~ooooo-~ `------ -- _ -- -- - - - - -- s soooo-~ - -- - -- - - - fi- ,- - - --- - - i ,- r- - - $95, T- 80000-~'" - --- ' - 70000 - ~~ -- - i - - -- -- '- - - 60000- ~' - - $78. - - $87, 50000-4 i ~ ® -- - - - - --- - - --- ,~ $68„ i" ~ -- 20000-I ~ $`~~~ _~ 10000-~' 0-; _ 2004-2005 2005-2006 Renewal Dues 2006-2007 ~ Renewing Members 2007-2008 ~ - 2008-2009 ORenewing Members ORenewal Dues .'-- „ , F~ ~; ,::.- , : a ~tlSENESS ~ CQNiAl1UlV[TY ti RELAT1gNSHIPS~'` .. fD~MltIE'D iM 79rS~ ., h 4lARA1~iA ft4A,*dBER ~1Slh'fSS Bt?tl.UERS Membership Growth 600 ~ P 1~ ~ t i z c ~`'? t~ 7 r r: t 3 a~ u ~~ 500 '_ ` ~ .~ r .);> r t 400 '- 3G2 300 _ 9 200 _ __ __ _ _ _ _ ___ ___ 100 0 2004-2005 2005-2006 2006-2007 2007-2008 2008-2009 ~ a .; ~ ~. > ~# ~ ~1i et~~~.arlv~ --~;~ gus~r~l~ss ~ eo~ulvlrnr R~t.~-nalvsw~PS~° 1~tt1RA11A C.N4~IAFR Y,l'S3Nt55 BL;ILI~RS ,..,.. , ~.,,=sg~Yl1~ Membership Survey Results The Zoomerang survey was developed by the Western Association of Chamber Executives (WAGE) in conjunction with Charlton Research. The membership survey received a 22% response rate, with 109 responses from a membership of 489. Responses were compared with last year's Marana Chamber membership as well as with the WAGE. Our Chamber is doing very well, ranking fourth among 32 other chambers reporting. The responses to the question regarding the main purpose of the chamber are displayed. Provide networkin opportunities. 32.5% 26.2% Create a stron local economy 30.9% 29.0% Promote the community 24.4% 25.2% Represent the interests of business with overnment 12.2% 19.6% Political actions 0% 0% The list below indicates which of the services offered by the Marana Chamber were found to be the most beneficial to the majority of the members: 1. Monthly Membership Breakfasts 4. Website 2. Email Updates & Notices 5. Ribbon Cuttings/Grand Openings 3. Monthly Membership Luncheon 6. State of the Town Address According to the survey, members that have been with the chamber for more than 10 years rated these activities as particularly beneficial: • Monthly Membership Luncheon • Email Updates & Notices • State of the Town Address • Ribbon Cuttings/Grand Openings • Website • Committee Meetings & Activities The survey is emailed to the business contact on file. Your participation is greatly appreciated and helpful in strategic planning for the following year. ~~ ,. ~ ,. ~~~~ ~ ` _ aria-:.a'',~cas ~ •~•++.= ~~~~~ BUSINESSry4ic CUAAAIlUlV1TY .. ,~~' ril4RR!4• fH4btpfR 64~SF.~ItSS Bllill}EIIS ...,~ Chamber Goals & Objectives The initiatives at the 2009 board retreat that will be the focus of resources over the next year are to: • Diversify to a younger membership (online social networking groups) • Create a strategy for Chamber self-promotion to its members • Increase overall membership and retain existing members -~ .* .~.. ~ ~us~r~~ss ~ cv~vmr m^-fi'S. r^:~~ j~` ~ J~4~~F n~~M1 ~~i'F~. ~~i(.J*Y~i, i .:.' ~':.' ~ ... ... .. .. •~1 h 79A? ~, . _ .. •l4R.a'va 1.4~iHFR 8t'Si!VE55 Bi:1lDtlpr .. ~' The Marana Chamber of Commerce looks forward to helping you build your business successfully! Comcast. cai~o~tr~a-w®. NO ~ T MEDICAL CENTER ~` MARAIVA~NEws CHASE TUCSflN FEDERAL rrtt~ Cti Olt UNION t7tcFAM(71hNfR5 ~~ (~.iF1 L'r f;tl~Cl#tlgj ,~_~~.~ , ~~ inmg~n Rwliv ~.i~ 1~ u. c~a:a~ ~ ~C~ ~Si.t!{iSFidl[ ~[C ~cd~~p Hecrtland t~~~~-~C~+ exvrethr svsrsas• C?EVEIOPMENT,LLC nNs~am;nN+atmr+r~,wa.~ ~„~~ ~~an~ ~,~>`s~w-,~ ate,. >L b+'it: Compass AtfW50tS Group, LLC ~,~- ~. „1~~W 1>i ~ J 1«eta IN'1igIAOgOa i4 ceOStMN~. ar~z. # +z~%~mNS.c IX1~~ "ti~ i 4't~4 ~JP y41kII~a 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, August 18, 2009, 7:00:00 PM To: Mayor and Council Item C 1 From: Dorothy O'Brien ,Utilities Director Strategic Plan Focus Area: Commerce Subject: Resolution No. 2009-127: Relating to Utilities; approving and authorizing the Mayor to execute an agreement for construction of water facilities under private contract for the Continental Crossing project Discussion: This item seeks approval of a standard water service agreement for the construction of water facilities for the Continental Crossing development project on Silverbell Road just west of Coachline. In addition to requiring the payment of standard fees and rates, this agreement requires the applicant to pay $300,000 to the Town upon issuance of the first building permit for the project, which covers the applicant's fair share of the costs of water projects that directly serves the project. This amount is half of the estimated cost of equipping Continental Reserve We112 and the pipeline improvements required to connect to the Continental Reserve Water Plant. Any applicant costs required to loop the waterline as required for the commercial portion of the Continental Crossing project are in addition to, and not included within, this $300,000 payment. Financial Impact: All financial impacts to the Town for serving the Continental Crossing project will be paid by the applicant. ATTACHMENTS: ~Va~~e: f)escriptiot~: Type: D RES(3 re Gontinential Grassing lNSA {00015633~.DQC Peso approving Gontin~ntai CrEassing i~J~A Resonation ~ EX A - Continen~ai Crossing. Condos VJSA (00012138- Exh A to reso: Gontinentai Crossing ~iVSA iTxhibit 4},[~rJC Staff Recommendation: Staff recommends approval of Resolution No. 2009-127. Commission Recommendation - if applicable: This proposed agreement was presented to the Utilities Commission at its August 11th meeting, and was Regular Council Meeting -August 18, 2009 -Page 31 of 225 recommended for approval. Suggested Motion: I move to approve Resolution No. 2009-127, approving and authorizing the Mayor to execute an agreement for construction of water facilities under private contract for the Continental Crossing project. Regular Council Meeting -August 18, 2009 -Page 32 of 225 MARANA RESOLUTION N0.2009-127 RELATING TO UTILITIES; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE CONTRACT FOR THE CONTINENTAL CROSSING PROJECT WHEREAS DAZ7-SOMBRERO PEAK, LLC desires to install onsite and offsite water facilities to provide water service to the Continental Crossing residential development; and WHEREAS the Town of Marana is willing to provide water service to and within Continental Crossing project in accordance with Title 14 of the Marana Town Code and in accordance with the terms of the Agreement for Construction of Water Facilities Under Private Contract between the Town of Marana and DAZ7-SOMBRERO PEAK, LLC for the Continental Crossing development project; and WHEREAS the Mayor and Council find that the terms and conditions ofthe agreement are in the best interest of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Agreement for Construction of Water Facilities Under Private Contract for the Continental Crossing development project, attached to and incorporated by this reference in this resolution as Exhibit A, is hereby approved, and the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana. BE IT FURTHER RESOLVED that the Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the aforementioned agreement. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 18t" day of August, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regul~~~~r~' ~g~ti~g -August 18, 2009 -Page 33 of 225 TOWN OF MARANA AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE CONTRACT (Continental Crossing Project) Tx>s AGREEMENT (this "Agreement") is entered into by and between the TowN of MARANA, an Arizona municipal corporation (the "Town"), and DAZ7-SOMBRERO PEAK, L.L.C., a Missouri limited liability company (the "Applicant"). The Town and the Applicant are sometimes collec- tively referred to as the "Parties," each of which is sometimes individually referred to as a "Party." RECITALS A. This Agreement is entered into and authorized pursuant to Title 14 of the Marana Town Code as it may be amended from time to time (the "Marana Municipal Water Code"). B. The Applicant desires for the Town to provide water service to the land described and depicted on Exhibit A attached to this Agreement (the "Subject Property"). C. The development project currently proposed to be constructed on the Subject Property, which project is commonly referred to as the "Continental Crossing Project," consists of a com- mercial phase and a residential phase. D. The Applicant has submitted design plans for the water infrastructure improvements needed to serve the commercial phase of the Continental Crossing Project, and anticipates sub- mitting design plans for the water infrastructure improvements needed to serve the residential phase of the Continental Crossing Project at a later date. E. This Water Service Agreement is intended to cover and include the required water in- frastructure improvements and fees needed for the Subject Property, including both the initial commercial phase and the later residential phase of the Continental Crossing Project. F. To secure water service from the Town for the Subject Property, the Applicant pro- poses to install those certain water infrastructure improvements referred to in this Agreement as the "Applicant-Installed Facility." G. The required plans, specifications, and materials for the Applicant-Installed Facility have been approved by the Town. H. The Applicant desires that the Town take ownership of, operate, and service the Appli- cant-Installed Facility {00012138.DOC / 4} Continental Crossing Condos WSA - 1 - 7/2/2009 10:56 AM FJC Regular Council Meeting -August 18, 2009 -Page 34 of 225 EXHIBIT A L The Town is willing to accept the Applicant-Installed Facility and permit it to be con- nected to the Town water system provided it meets Town standards and the work is done in accor- dance with Town requirements. AGREEMENT Now, THExEFOxE, in consideration of the foregoing premises and the mutual covenants set forth in this Agreement, the Parties hereby agree as follows: 1. General 1.1. Applicant installation of the Applicant-Installed Facility. The Applicant has designed and shall install, at Applicant's own expense, the water infrastructure improvements as depicted in Plan No. ENG-0705-007 as approved by the Town and on file in the office of the Town of Marana Water Utility as needed to provide water service to the commercial portion of the Conti- nental Crossing Project, and the Applicant will design and shall install, at Applicant's own ex- pense, the water infrastructure improvements which will be depicted in a future plan for the con- dominium phase of the Continental Crossing Project. The water infrastructure improvement plans for both the commercial phase and the residential phase, together, are collectively referred to in this Agreement as the "Facility Plan". The water infrastructure improvements depicted and to be depicted on the Facility Plan are referred to in this Agreement as the "Applicant-Installed Facility," and shall conform to the design standards of the City of Tucson Water Department and the Town of Marana Municipal Water Code and special specifications and details as approved by the Town and by this reference made a part of this Agreement. The Facility Plan shall include a plan note identifying the Applicant-Installed Facility as a new water facility and shall show any and all alterations to the existing water system. Construction and installation of the Applicant- Installed Facility in accordance with the Facility Plan, including without limitation all labor, ma- terials, equipment, supplies, and tools required for the construction and installation, is referred to in this Agreement as the "Work." 1.2. Work by licensed contractor. The Work shall be performed by a contractor properly li- censed by the State of Arizona as determined by the Arizona Registrar of Contractors. In addi- tion to any other contractor's license classifications required by the Arizona Registrar of Con- tractors, the contractor shall hold contractor's license classifications A, A-12 and A-16. 1.3. Payment of connection fees. Before any service connections are made from the Town's water system to the Applicant-Installed Facility, the Applicant shall pay to the Town the connec- tion fees and any other fees required by the Marana Municipal Water Code. 1.4. Fair-share water delivery infrastructure contribution. The Applicant shall pay $300,000 to the Town upon issuance of the first building permit for the Subject Property, for the Appli- cant's fair share of the costs of water projects that directly serve the Property; specifically, half of the estimated cost of equipping Continental Reserve Well 2 and the pipeline improvements required to connect to the Continental Reserve Water Plant. Any Applicant costs required to loop the waterline as required for the commercial portion of the Continental Crossing project are in addition to, and not included within, this $300,000 payment. {00012138.DOC / 4} Continental Crossing Condos WSA - 2 - 7/2/2009 10:56 AM FJC Regular Council Meeting -August 18, 2009 -Page 35 of 225 EXHIBIT A 1.5. Anticipated cost per meter. The Applicant shall pay all fees for water connection and service in the amounts established and amended by the Town from time to time. The total charge for each 1 %2" water meter to be installed on the Subject Property is currently $8,255.00, includ- ing the meter fee and gravity storage and renewable water resource fee. This project is entitled to a credit of $4,320.00 for each 1 %" meter against the infrastructure impact fee for the fair-share water delivery infrastructure contribution. 1.6. Applicant-Installed Facility acceptance by Town. No service connections shall be made from the Town's water system to the Applicant-Installed Facility until the Applicant-Installed Facility has been accepted by the Town in accordance with the Marana Municipal Water Code. 1.7. Frontage requirement. Any property connecting onto a water main shall have a mini- mum of fifteen feet of frontage on that main. A water easement or other utility easement shall not constitute frontage for purposes of this paragraph. 1.8. Meter application requirements. A meter application will be accepted only if the prop, erty to be served fronts the waterline. Only one water meter application will be allowed per legal description unless the property owner can provide the Town with plans indicating the type of improvement or development taking place on the land that justifies more than one meter. If any portion of the property served by the water meter is sold, the owner of the portion of land that fronts the water main shall have all rights associated with the water meter unless other arrange- ments are made with and approved by the Town of Marana Water Utility prior to the sale. 1.9. Applicant's certification. Execution of this Agreement certifies that the Applicant has reviewed the Facility Plan and all other specifications applicable to the Work and has approved and agrees with the location of all service lines. 1.10. Termination for lack of Work. Approval of the Facility Plan shall lapse and this Agree- ment shall terminate if more than two (2) years has passed since the date Applicant receives final approval of the Development Plan for the Subject Property and the Work has not begun, or if the Work is discontinued for a continuous period of one year. 2. Engineering and Inspection. 2.1. Registered civil engineer. When the cost of the Work exceeds $12,500.00, the Applicant shall employ a registered Civil Engineer to design, lay out, establish control lines for and certify the layout of the Work according to the Facility Plan. 2.2. Town inspector's authority. Any inspector authorized by the Town shall have full in- spection authority over the Work. 2.3. Inspection provisions. The Applicant shall furnish the Town's inspector with all facilities reasonably necessary to inspect the Work. The Work shall be subject to Town inspection at all times. Defective work shall be corrected in a manner satisfactory to the Town's inspector. In- spection by the Town is for the purpose of ensuring compliance with plans and specifications only. The Town makes no guarantee as to the safety or engineering soundness of plans prepared by Applicant or any contractor. {00012138.DOC / 4} Continental Crossing Condos WSA - 3 - 7/2/2009 10:56 AM FJC Regular Council Meeting -August 18, 2009 -Page 36 of 225 EXHIBIT A 2.4. Payment of Town inspector's overtime cost. If scheduling by Applicant's contractor rea- sonably requires the Town's inspector to work overtime, the Applicant or Applicant's contractor shall pay the Town for any additional salaries, expenses or employee benefits relating to the overtime. For purposes of this paragraph, overtime is any time over 40 hours worked in a seven- day work period, any time over eight hours worked Monday through Friday, and any time worked on weekends and legal holidays observed by the Town. 3. Preconstruction Procedure 3.1. Request to begin construction. The Applicant shall submit a written request to begin con- struction to the Town five working days before the Work is to commence. 3.2. Construction permit. This Agreement shall be completed, signed and notarized, and re- turned to the Town prior to issuance of a construction permit for the Work. 3.3. Start and completion of the Work. No portion of the Work shall begin until the Town has issued a construction permit specifying the starting date and a reasonable time for completion. 3.4. Progress of the Work. The work shall be commenced .and carried on at such points and in such order as may be directed by the Town. 3.5. Materials sampling and testing. Materials shall be available for sampling and testing by the Town prior to being used in the Work. Materials that fail to meet Town specification shall be removed from the site. 3.6. Permits and approvals. The Applicant shall, at Applicant's expense, obtain all necessary permits and licenses for the Work, pay all fees and comply with all laws, ordinances and regula- tions relating to the Work. 4. Construction 4.1. Applicant's presence on site. The Applicant, or Applicant's designated agent, shall be present at all times during performance of the Work. The name of the Applicant's designated agent and the contractor performing the Work shall be furnished to the Town before the Work begins. Instructions given by the Town to the designated agent shall be deemed to have been given to the Applicant. 4.2. Competence and diligence. The Applicant shall employ only competent and efficient la- borers, mechanics or artisans on the work, and the Applicant agrees to perform the work dili- gently to complete the work on or before the completion date given in the notice to proceed, sub- ject at all times to delays caused by Force Majeure. 4.3. Paving. The Applicant shall identify and locate all water valves prior to paving and set valve boxes to final grade after paving. 4.4. Alterations to the existing Town water system. The Applicant shall, at Applicant's ex- pense, make any and all alterations to the existing water system either on-site or off-site necessi- {00012138.DOC / 4} Continental Crossing Condos WSA - 4 - 7/2/2009 ] 0:56 AM FJC Regular Council Meeting -August 18, 2009 -Page 37 of 225 EXHIBIT A tated by paving, drainage, or other improvements caused by the development of the Subject Property. 4.5. Worksite safety. The Applicant shall require all contractors and subcontractors perform- ing any portion of the Work to comply with all safety requirements of the Occupational Safety and Hazards Act as set forth by the Federal Government and as implemented by the State of Ari- zona. The Applicant or its contractors shall be solely responsible for all fines or other penalties provided for by law for any violations of the Occupational Safety Hazards Act. 5. Dedication 5.1. Transfer of the Applicant-Installed Facility to the Town. Upon the Town's final accep- tance of the Work, the Applicant shall at no cost grant, bargain, sell, convey, transfer and deliver to the Town the Applicant-Installed Facility free and clear of all liens, claims, charges or encum- brances. 5.2. Two year warranty. The Applicant guarantees the Work to be free from all failures due to poor workmanship or materials for a period of two years from the date of the Town's final ac- ceptance of the Work. 5.3. Other conflicting construction prohibited. The Applicant shall not construct or allow the construction of any utility, building, or other improvement that would interfere with the opera- tion or maintenance of the Applicant-Installed Facility. 5.4. Applicant's obligation to maintain finished grade. The Applicant guarantees that all ser- vice lines, meters, and meter boxes on the Subject Property will be to finished grade and that Applicant will remain responsible for raising or lowering said services as required until the Sub- ject Property is fully developed. 5.5. Acceptance by the Town. The Town shall accept title to and take possession of the Ap- plicant-Installed Facility when the Work has been completed to the satisfaction of the Town. Subject to the Applicant's continuing obligations under this Agreement, the Town shall operate and service the Applicant-Installed Facility after taking over possession of it under this para- graph. 6. Miscellaneous 6.1. Indemnity. Applicant shall indemnify, defend, and hold harmless the Town, its Mayor and Council, officers and employees, boards, committees and commissions from and against any loss, claim, suit, demand, cause of action, or liability of any nature, including but not limited to damage to property and injuries to persons, including death, arising or alleged to have arisen, in whole or in part, out of any negligent act or omission of Applicant or any contractor, subcontrac- tor, or any person employed directly or indirectly by any of them in the performance of the Work or in the operation of the Applicant-Installed Facility, provided, however, that Applicant's in- demnity shall not extend to any loss, claim, suit, demand, cause of action, or liability arising from the negligent act or omission of the Town. {00012138.DOC / 4} Continental Crossing Condos WSA - $ - 7/2/2009 10:56 AM FJC Regular Council Meeting -August 18, 2009 -Page 38 of 225 EXHIBIT A 6.2. Binding effect. This agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the Parties. 6.3. Consent required for assignment. Applicant may not assign this Agreement without the prior written consent of the Town, which consent shall not be unreasonably withheld, conditioned or delayed. 6.4. Cancellation for conflict of interest. This agreement is subject to A.R.S. § 38-511, which provides for cancellation in certain instances involving conflict of interest. 6.5. Force Majeure. "Force Majeure" shall mean Applicant's inability to obtain equipment or building materials, acts of God, fire, earthquake, flood, rainfall or other weather-caused de- lays, vandalism, acts of terrorism or lawlessness, acts or delays of public agencies or governmen- tal bodies, or the authority under the covenants, conditions and restrictions, any moratorium on the issuance of governmental approvals or utility service connections or other similar govern- ment actions, strikes, union labor disputes or other union work stoppages, freight embargoes or inability to obtain basic materials, supplies or fuels, uncommon or unusual delays in the issuance of governmental permits or approvals, or other events beyond the reasonable control of Appli- cant or its contractors. [Remainder of page intentionally left blank.] {00012138.DOC / 4} Continental Crossing Condos WSA - 6 - 7/2/2009 10:56 AM FJC Regular Council Meeting -August 18, 2009 -Page 39 of 225 EXHIBIT A IN WITNESS wxEREOF, the Parties have executed this Agreement as of the last date set forth below their respective signatures. TowN: THE TOWN of MARANA, an Arizona municipal corporation By: Date: ATTEST: Ed Honea, Mayor Jocelyn C. Bronson, Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney STATE OF ARIZONA SS County of Pima ) APPLICANT: DAZ7-SOMBRERO PEAK, L.L.C., a Missouri limited liability company By: TxE DESCO GROUP, INC., a Missouri corporation, its Manager By: Mark J. Schnuck, President Date: The foregoing instrument was acknowledged before me on by Mark J. Schnuck, President of TxE DESCO GROUP, INC., a Missouri corporation, the Manager of DAZ7- SOMBRERO PEAK, L.L.C., a Missouri limited liability company. My commission expires: Notary Public {00012138.DOC / 4} Continental Crossing Condos WSA - 7 - Regular Council Meeting -August 18, 2009 -Page 40 of 225 EXHIBIT A 7/2/2009 10:56 AM FJC EXHIBIT "A" LOCATION MAP OF THE DEVELOPMENT WITH LEGAL DESCRIPTION {00012138.DOC / 4} Regu~~ro~~~ll~-~i~~~st~}§A2009 -Page 41 of 225 _ g _ 7/2/2009 10:56 AM FJC ~~ m ~ww.1 ~~~~~ ~~~ ~..... 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, August 18, 2009, 7:00:00 PM To: Mayor and Council Item C 2 From: Lisa Shafer ,Assistant Planning Director Strategic Plan Focus Area: Community Building Subject: Resolution No. 2009-12$_Relating to Development; approving and authorizing a development plan for Legacy Apartments at Dove Mountain Centre II Discussion: Request The applicant is requesting approval of a development plan for Legacy Apartments at Dove Mountain Centre II. History Legacy Apartments at Dove Mountain, L.L.C. is developing the Legacy Apartments on 8.65 acres of land on parcel one of the Dove Mountain Centre II subdivision. The final plat for this subdivision was approved by Town Council on July 21, 2009 by Resolution 2009-112, recorded at Book 64 Page 73. A total of 168 units in twelve, two-story buildings are proposed. A mix of one, two and three bedroom apartments will be grouped in buildings of 12 or 16 units. A 3,507 square foot clubhouse/rental office will also be constructed with amenities including a pool, gym and outdoor recreation area. Covered parking will also be provided and individual enclosed garage spaces in parking garage buildings will be offered. Location The site is generally located north of Tangerine Road and approximately 1/4 mile east of the Dove Mountain Boulevard. Zoning The site is located within the Dove Mountain Specific Plan. The Specific Plan land use designation is Mixed Use Commercial (MUC) which allows for medium density residential uses. Transportation The primary access to this development will come from Tangerine Road via two private roads, the existing Dove Centre Road as well as the new Mountain Centre Road. This project will also be able to access Dove Mountain Boulevard via Dove Centre Road behind the Bashas' shopping center. ATTACHMENTS: Na#~ne: I:3escripti~>t~: 'l'ype: ^ Resolution 2005-xx Legacy Apartmen#s DP.doc Resolu#ion Resotu#ion Regular Council Meeting -August 18, 2009 -Page 42 of 225 ^ Legacy Applicaton.pdf O Legacy Apts. Location. Map,pdf ^ Legaoy_D~velopment Plar~,pdf Staff Recommendation: Legacy Apt. Applicatirsn Legacy Apt. Location Map Legacy Apartments l~evelapr~ent Plan Backup Material Backup Material Backup Material Staff finds that the development plan is in compliance with the Dove Mountain Specific Plan, the Marana Land Development Code, and the Marana General Plan. Staff recommends approval of this development plan. Suggested Motion: I move to approve Resolution No. 2009-128, approving and authorizing a development plan for Legacy Apartments at Dove Mountain Centre II. Regular Council Meeting -August 18, 2009 -Page 43 of 225 MARANA RESOLUTION N0.2009-128 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A DEVELOPMENT PLAN FOR LEGACY APARTMENTS AT DOVE MOUNTAIN CENTRE II WHEREAS, the Dove Mountain Specific Plan was approved by the Town Council on March 28, 2000, as Ordinance 2000.04; and WHERAS, on July 21, 2009, the Town of Marana adopted Resolution No. 2009-112, approving the final plat for Dove Mountain Centre II, Book 64 Page 73; and WHEREAS, Legacy Apartments at Dove Mountain, L.L.C., has applied for approval of a development plan for Legacy Apartments at Dove Mountain, a 168 unit apartment development on 8.65 acres, and is generally located north of Tangerine Road and approximately '/4 mile east of Dove Mountain Boulevard, within a portion of Section 36, Township 11 South, Range 12 East; and WHEREAS, the Town Council, at their regular meeting on August 18, 2009, determined that the Legacy Apartments Development Plan should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Legacy Apartments at Dove Mountain Development Plan is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 18~' 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 18, 2009 -Page 44 of 225 ~~ r MARANA .,, ~/ t ~ PLANNING & ENGINEERING APPLICATION 1. TYPE OF AP'PLICA'TION Ct-etk Oue ^ Preliminary Plat ^ Final Plat ^ General Plan Amendment ^Variance ~, Development Plan ^ SWPPP ^ Landscape Plan ^ Native Plant Permit ^ Specific Plan Amendment ^ Conditional Use Permit ^ Rezone/Specific Plan ^ Annexation ^ Significant Land Use Change ^ Minor Land Division ^ Water Plan ^ Improvement Plan (snecif~type in Description of Project box*) ^ Other 2. GElYERAL DATA RE U1RED Assessor's Parcel General Plan Designation Numbers ~~ ~ 4 ~~ ~'' ~~' ~ ~ To be confirmed b sta `~ ~'~£.;~. i C" 6~".- ~' L %` fig( Gross Area (AcrelSq. Ft.) ~; , _ ~, Q ~', C E~ ~ ~ ~~ ~~~ ~ " ' i Current Zoning ~.,, ~. ' ~ C""~ ~ ~ '~ ~ "~ ~ ; . , ~ ~,. , ~• ~' To be confirmed b sta ~- Development/Project Name ~ ~ ~ ~ ~, ,, ~; , h, ; ~ 1•,, -t- a Proposed Zoning Project Location ~ ~~ c ti ;; ~ 1%~ ,i ~ 1 %':.i , _ ,~:-i ~ ti ~ ; , ,: ! tom. t ;, . ; • . = p, , ~ t: i r. ? ~ , Description of Project* a , ; f . Property Owner p { i 1 3 ~' f f Street Address ~~, ` ~ ~ ~ P- J .{;a, '. <. ~ 1~ R t ~,! t~ x# ' City State Zip Code Phone Number Fax Number E Mail Address „ Contact Person , ~ Phone Number / E-mail t ~ ~' , ~ { ` Applicant ~ ~ f , ,= t` ,. , , ~t i t . < ~; b' :~ °~~ ~ Street Address ~' ~; ~, ;, ~ , s ,°; i, ,~ City State Zip Code Phone Number Fax Number E-Mail Address ~ ~ t t L% i ! : ~C 1,. Contact Person ~ a Phone Number / E-m il + ~.4~ ~,~ ~ ~ , 1 ! ~ i`.. 1 Y 11 C, i ~ f ,.. i, i ~ _ r r '/ ' '~ 1 Ul~ ~ (. ~ ~ f' f ~ ~ ~ i4~: 3~ a Yl / 1 AgentlRepresentative ~ wx i ~ ~ , l ~~ p--~ F~ d'~ ~t t - i. (, Street Address City State Zip Code Phone Number Fax Number E-Mail Address ` . , F Contact Person Town of Marana Business ?~ License No. 3. ACITHORIZATION OFPR OPERTYA~~'NER I, the undersigned, certify that all of the facts set forth in this application are true to the best of my knowledge and that I am either the owner of the property or that I have been authorized in writing by the owner to file this application and checklist. (If not owner of record, attach written authorization from the owner.) ~, ~ .~~~ ~ j ~f€.°~ ~ ~ ~~-,~~ ~;~~1~ • •• ~ ~j p / A _ ~~'~ ~ ~ -~. ~ i~~ ">i ° ft ? ti -/ a`i ;~1.~~ ` ; ~ ? : 1, /, t~ s~~L.t 3 ~~ l Print Name of A licant/A ent f Si ` ature Date 11555 W. Civic Center Drive, Bldg. A2^Marana, AZ 85653-7003^Telephone (520) 382-2600•Fax (520) 382-2641 Regular Council Meeting -August 18, 2009 -Page 45 of 225 Print form. The Legacy Apartments at - ~ Dove Mountain,Units 1-16 - ~~ E „_ .t~~,~~~_~~, CASE D P R-09026 U:'-- ~ ~~ `~ ~ ~ ~ -'~ The Preserve at ~5~ ~ °~ ~ ~ ~ - - ~ - ' = i j Dove Mountain ~~c; 5~ O~ ~ J f /!~'~ ~ ~ ~~~ V w m O I ~ , d~- ~ ~~ 4 ~ ~~ z ~ ~~ oy j I nTi"1 t~~ ~ ~~EVV SHADOW ~LV y - I J O~ _ - _~ - Subject Property z o Dove Mountain '• '~ lhacant W Vacant 'Retail Centre 'Dove Mountain o z Centre II ~ I ~ I N1 N E :TA RINE Ro G - ----- Q Q' Y U Q ~ O _ __ ___ __ _ _. b`V HQLLYWOOQ BL -- ----- -- - n~4. d ~ Q z ~ z. ~ 1N ANGEL-DR I Request 0 550 „oo n. A request for development plan approval fora 168 unit apartment complex on 8.65 acres. 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, 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 d or n ther mc fo an I ss or ddir t, u'~r ct, ecia cid I or cons uential dama es, includin but not limited to time, mone or oodwill, arisin from the _~~guiar~~oun~i nn~e~ingy_~ugust ~~, zDO~ - F~age d~of ~2~~ ~ g g y g g THE THE PRESERVE AT DOVE MOUNTAIN BK. 57 PG, 74, M8P COMMON AREA'B° (OPEN 67'ACE) BLDG A9 BLDG Rn D DOVE MOUNTAIN CENTRE II BK.64 PG.73, 1 t M&P PARCEL 2 aLO®,7 rl y RLO®ys y r a~ cO ys DEVELOPMENT PLAN THIS PROJECT FOR LEGACY APARTMENTS AT DOVE MOUNTAIN `4 57n< B/B2 TOWN OF MARANA, PIMA COUNTY, ARIZONA ~s GENERAL NOTES ~ Nor9TH I. THE 48055 AREA Oi THIS DENlOPMENT 5 8.85 AC (]78,817 50.FT.). 81/70 UNSUB 2 1HE EMSTAD ZWMC 15 SPEpFlC PVy$ LAND USE CNARW IS NUG MDfEO USE CpdMERGA4 ANO 51ALL RFMAM AS wWEO 3 . MD ~D~• 1 BULDING AREA 5 118.752 SO.R. MD PERCBTAGE OF LOT COYEIGGE 5 37.531( ALLOWED BY SPECFIC PLAN . SOL 2 1 T RO - A THE MAMMUM WILUNC HpU1T ALLOMD R tl FEET, 4 SipdES PFR 11E DON: MWMAIN SRGFlC RAN. iNE PROPOSTD MEDNC ~ N CEN RO w XENWIT FOR BANDING 7YPE5 A AND B 625', BIMM9G C 6 12' AND aILDNG 0 M 19'. BIIIL091C SETBACKS ARE 60% Q< BULGING NEM7R, BUT NOT LE55 THAN 15' PER S'EpFlC CODE. BOR OF PROPOS40 BUIDMG HDGNT OF 25' IS 15'. ACTUAL MMIMUN BUILDID UNSJ DINDED SETBACK PROxcm 6 Is. O~DC N1 3 All WADS 59ALL BE COfISIRUC7B a OR PAINTED MTH CRAFFIB-RE95TANT MATERIALS LOCATION MAP QQ S All SCNAGE ro BE APPROND UNDB SEPARATE PERMIT. PORnONS OT SECRONS 7, 235 AND 76 i-II-S R-12-E, 7. OEN].WB MLL COVBANT ro NOID ro9N OF MARINA, 175 SICU4550RS wD ASS16N$ HARMLESS IN TIE EVENT OF ROODING COSABM, rowN OF MARANA, RNA CWN7Y, APoZWA 8 DRAMAf£ MILL NOT BE w1ERB, pSNRBB. OR OBSIRUCIED M7XWT 7NE APPROVAL aF 7XE MARANA TOWN CWNOL SCALL 3' - 1 MILE I : I I :fl~ ! ~ 1 ' , ~ B. ANY WASTEWATER psClIARGB Mro 7HE R1M1C SAMTARY SEM72 SYS7EM SMALL MEET iFE REWMEMp175 D< iNE INW57PIM WA57E TA% PMCEL IO Na 218-SS-5618 DOVE MOUNTAIN CENTRE II \ '\ ~ \ BK.64 PG.73, M&P ~ DOVE MOUNTAIN PARCEL 5 1 ~ CENTRE fl BK.64 PG.73, M&P I ' SHEET INDEX PARCEL 7 COVER SHEET ................ .... SNEE7 I HOPo20NTAl CpI1ROL ........... .....SLEET Z DEVELl1PMENi PUN ............ .... SHBT J OETARS ................... .... SISSY 4 BASIS OF ELEVATION BASS aF pEVAnON FOR 1X15 PROACT 6 A F1XRD GL0. piA55 CPPPED MONUMENT AT ilE NptiHMSi CDRNB GF SECAW J1, T-I I-S, R-13-E, SND F1EVA7KW SING x726sr, NAw ae DATUM. BA311 OF BEARING THE BASS Q< BEARM6 FOR THIS DENLOPMBT 6 7FE WEST lME OF SECRW >8, T-11-S, R-12-E AS SXOYM ON THE RNAL PUT OF THE PRESERNi AT DONi MOUNTNN, LOTS i-IBx A5 RECOROB AT PAGE 71 IN BOA( 57 Di MdP, BEPA9IG BEMG N0097'05'E ~~ NEW PPoVAE 8' SEVER lAE w0 NMtHOLE ~~ _~.- l .1.«a__ _ EMSDNC SEMFR LME AND 14WNttE -..-P.~ NEW PUBDC WATB MNN, SQE ND VAL4E $-- u'w~-- F)OSnNC PUBLIC WATER MIIN, 52E AND VMN: - DEVELOPED 100 YEAR ROODLINE O5 ~~ - 404 JJfl15T%CRWM WASH ---. --.- DEVELARD E.H.SL (EAOSON HAZARD SETBACK LWIE) BWfAARY CORNER (SET 5/e' RBAR RLS 28928) ® 9JRN:Y MpAMENT (EMS1M6) ptAINACE ROW DIRECn W III CRAOE BREAK (HIGH PANT) III ptwE BREAK (LOW PONY) P.AAL PAPoLMG AREA ACCESS LANE b O BUILDING TYPE x&15 20 MDE PROPOSE PUBLIC WATB EA4MENT (MLL BE RECOROB wD 910M1 W 7K WATER A WIPROYEMBT RJNS PRIOfl TO REIR APDROVM) oaMwcE (RNA cafltt aROwwcE 19M-110, As AMENOB). la THS RCaECT 6 sFRNn Br TucsaN waTB. BUILDNG TABIRATION AND PARKRJG CALCULATIONS f'i II ANY UTMTES 1HAT MUST BE RELOCATED AS A RESAT D< 7X5 OEW.OPMENI WILL BE GONE SO AT NO E%PBSE ro 7HE TONN OF ~°'I ,I J MARANA OR RMA C0.Mtt. -.{ I _ 12 ALL STREETS AND p84E5 NUSi ACCpM00ATE ACCESS ANC NIINTFNMICE PoGX)5 FOR PRAA CWNtt, ALL Ul0.1TE5, NORTHWEST FIRE - 067RICT AND EMERGENCY /NO SEANCE WAGES. ' ~ IJ. AREAS wD SPACES DE9GNA7B fOR flEWIRB PAflMNO STALL NOi BE CONNRIEO TO OTHER USES lRlE55 IT CAN BE NORTH o N. ACCFPTwCE a MS PUN DwOE9 WNOT ~AFFlflll~, QR7~OR APRt01E AnY LANG pxSIW THAT MAY BE WNiRIRY ro STA1E uw, SCALE: 1' •80' NOR DOES IT CFRBFY 11E EMSIENLE OR COMPLIANCE MTN ANY GEED RESiRICRONS OR EASEYBIS. IS APPROMMATE AREAS APE A5 FOLLOWS: LANDSCAPE........ 155,583 841E / 152 ac BIRIDNGS...._. 11&778 ai R (JI.B1Q/ 275 as (4.Y! ae. (50~ NAIC PERMITED BY MUC lw0 USO DOVE MOUNTAIN PAPoRHC""""" IB'&76 p' R' / 1'oe °e CENTRE II P.AA.L _._... 57,168 eq. R. / LJ2 ac 18. nE PROPWB IPiACE aF 11E WILpXG IS AS FOLLOWS: BK.64 PG.73, M&P GUIDING TYPES A w0 8 ...._..........._ APAAIMENT COMMON AREA "B" BIIRDING TYPE C .............._................ PAPoWG GARAGE ANO SroRACE UMTS OPEN SPACE ( ~ BUILDING IMPS D _ .............._........ CLUBNphE/RENTM OFFlCE 17. TRASH ENCLOWRES MUST BE OF MASONRY CON5MUCilON, MATpI BUILOINGS /TD Cd2TAIN SWO GATES 18 1FE d1-STS SwITARY SENIORS MLL BE PPoVAIE ANO MLL ~ CWSiRUCTB, OPEAAIB AND MMNTAINB ON A PRIVATE BASS AND M ACCpiDMDE MAI w AR'ROYED OPEAARa wD MMN7ENANCE RIM, F PEppRB. THE LOCATION wD NE1Na OF CpINECOW ro w EAISRNC PUBLIC SANTARY $ENER 6 SIB ECi 70 RENEW w0 MPROVAL BY THE PMA COUN7Y RECXWAL WASTEWATER RECUNATION OWAR7MBi. to A PNO,ECT WNSIXUCRON PERMIT MUST BE SECURED FRW RNA CWNtt REUWM WAS7EWA7EH PECLWA7XM OEPMTAETJT BEFpE BECWNNC ANY M17RK MT TIR PROJECT. 2Q MAINTpWICE ND OPERATION R iFE PRIVATE SwITARY gMR ro ITS PoNT OF CWNECAW TO 1NE PUM1C SENFR 6 TILE IESPONSBANI' W 1XE PROPEIItt OMiER 21. MS PROJELi NAS 2532 PROPOSED LNG 0 EMSIINC WASTEWATER R%NRE lMR EDUVALB75, PER TABLE 1320.010(EK7) M PWIA CWNtt CWE 11ffi015(E). 22 THE LANDSCARNC MRNN Ail PU&1C SEMR EASEMENTS SHAWN HpEpl SIAlI BE M ACCODANCE MiH nE RANBNC WNFUNES ENGINEER GF PC/COT STANDARD DETAR NWN A-4. WW EN(WImtING LLC 23 NO PpiMANENi SMUCIURES (LE. MASONRY WALLS FENCES. ETC.) MA7 BE CpISIRUCiB W 011 iHR011CH ME PIA41C SEWER 7000 E TM1WE N'fl0E POAp SA1E a7 EASEMENTS SIDM! HEREW WITHOUT SEP/RA7E WUTIFN CONSFM OF 7NE PWA CdMtt REpddw WASTEWATER REGIMAINM NC50N. AZ 85715 OEPARIMENT. PHONE N0.: (520) 298-GSM Z4. ME AREA BEIWFENN iNE 100-1EAR FLOW U1RI5 REPRESEN75 AN MEA 7NAT MAY BE SVB.ECi TO FLOODING FflOM A 100-YEAR FA% No.: (520) 298-2388 FAEpIDDY ROOD w0 ALL VJ1D IN n81 AREA WWL BE RE51RIClEp ro USES 1HAT NE CDVAABIE M7M ROODPVIN A71N: NA1T WAOLINCION. PE. MANA6ENENT AS APPRON9) BY llE FLOODPI7JN A01M61flATOR. Buldhq Tpe A (Told: fi) 72 Ipatmwt Unlle 8) - Z-I BMroarri 0 718 quart ixl 8,978 SF. 6) - h2 Bedroom 0 900 equaro fed 27,BOD SF. (fi) - h2 Bedroom 0 990 equaro feM 23,780 S.F. (8) - 2-J BeWwm 0 1200 apxae feet ILdW SF. 72 AparMwt UMIe Subtold fi8,776 Sf. Buldhg Type B (TOlat6)% Told ApaMwte (8) - h1 Bedroom 0 718 aware fwt 17,952 SF. (8) - 8-2 Bedroom 0 900 agars fwt 32100 SF. (8) - A-2 Bedrodn 0 990 square het 21760 SF. (8) - Z-J BeOOOm 0 1200 aquaro het 14100 5i. 96 ApaMnwt Uliih Subtotal: 88,512 S.F. Totd Square Footage .....................157,218 Si. CAOhauw/RanW OMa (Bu9dng Type D) ...........SSW SF. PAPoONG CALWUlIWS 188 Aporlmwt UnBe Total HANDICAP SPACES REWIRED • 7 HwpCAP SPACES PRONDEO - B (36) - 1 Badman 0 I.5 Bpocee wch • 51 Spacea (108) - 2 Betlraan 0 20 Spoeee wch - 216 Spacn (Vbkar Span 058 0 20 Spocm wdi ~ 18 ~. Total RAWired -374 Sparta cAWNwwYRalea ores (Bu9Ung r>9o o) - J spwae Told RaquVad -577 Sport Told ProNded -737 Spaces 75. ALL BUWDINCS M 7X6 PROJECT 1D BE EaFPB MlH w7pAAAC RRE SPRMKLERS M ACIXIIDANCE M1H SEC7IGV 905 Di iXE 2006 MTE7TNAAONAL RRE CODE wD MIENp/BiS wroEn BY TIE TOWN OF MARANA AND NORiHM:ST FRE DISIIBCT. RRE CERT~ICATION OF SURVEY ° OWNER UW 7A5 WRE OF ARIZONA DEVELOPER LEGACY APAR7MEN75 SPRN!(IFR PoSFRS SHALL BE WG7B IN A SEPARATE ROOM WM W750E ACCESS DOORS IFApNG DIRECTLY ro A PIIWIC WAY. 7HE w11MARC FIRE 9'R811(IFR SiSlEll SIML OANN#IT WWN Nro dE FACE OF A CURB, dlTfEfl OR APPRpEO DRAIN OAYIKMi DLWNAGE dF 11E AU7WAlE f6RE SPPoNI¢ER SYSTEM SHALL NOT GN65 ANY SOEWMK BOSSWAU( NwpLM PAAKWC OR ~ ,~~ °N I HERBY CERAFY THAT THE BOIMDARY SURNY SHOYM ON iH6 PUT WAS PBFOPMB UNDER AIY DMECTpN kD THAT ALL EMSDNG AND/di PROPOSm yY " i~ 4 1 TRUST No. 7805-T AT WY£ NpJNTAIN LLG , , CIIIDREN'S PUY AREA. PUNS OF MSTALIATNM OF FlRE SPflMBER SYSIEYS SHALL BE SUBI4TIED 70 NORIHMEST RRE pSiPoCT ~~' ~UMEN75 AID MARKERS 910VM ARE CDRPECTLY DESCAIBB. I ~a BENEFlCIARY: PoTA UfD CORPaLAiION , 500 JOIM STREET MiH 1HE ~aMB fEES FtlT APPROVAL PRN1R ro M5IALLARIXV OF 7XE SYSTEM. RR7HER CBTNY THAT 1M5 PUT WAS PAEPMB LWDER MY OREC710N. ]567 E SJNfdSE GWVE, /279 $UTRE, WA 9D09 2S FIRE SPRINf1ER RISER WA1B FLOW /lARM AND TIMPER SMrolES SHALL BE MWITOIED OFT S1E BY A UL IISIB MONITORING r~ _a ~r 1VCSDL APo2WA BS718 (206) {{8-1992 SERNCE AT TIE nME OF THE RRE SPRMKIER SY91EM RNAL M~ECINM IN ACCpD,VICE MTN RCTIIN! 901 OF THE 2006 (520) 299-8421 ATitk BNL HAWNAN INiEflNABWAL FME CODE 27. FIRE DEPARNENT CONNECINMS ON ALL BUMINCS M 1X15 PROJECT SHNl BE SEGUED MIH KNOX TR E CMS COWAnBLL MM cavincs: a/a~/zoi, KEYS CARRIB BY NpFRIM13T FlRE pSIFdCT EWIPMENT M ACCDTOMJCE MM BECTON 912.3.1 W 7NE 2006 IN7ERNAAONM iME CWE ACCEPTED BY: 2S A FME DEPARIMEM KEY BOX (KNO% BO%) COMPAnME M7N KEYS CPARIED BY NORMMST FlRE US7RICT SMALL BE SEdIRELY EMS1Mf PAwMENT ATTAGWD TO 7NE BUIDMG NEAR 7NE RRE S'kMK1ER PoSER ROOM DOOR ilE BD% SHALL CONTAW KEYS ro THE SPPNOFR RISER PflOPOgD PAN9.IBT ROOM DOOR w0 ALL E%IEPopi DOORS 7O 7•E WWDING O7NER THAN INDPAOVAI TENANT APAR7MEN75 AT 7NE 811E 6 AIE FlNM FlAE RTSPECAW IN ACCORDANCE MTN SECBp! 506 6 IRE 2008 IN7ERNA710Nw FlRE CODE PE 4A7~ 29. NOR7NM3T iME DISTRICT MLL REWRE 1XAT ALL CA1B ON iM5 PAOPERtt ARE ELEC7RONCALLY CW iRYn 1 rn AND ACCE551BLE PROPOSW SIOEWAII( MTX w OPiMAL PREDAPRVE DENtl: (OPT-COLIII TYPE) COAmAABIE MiH NORMMST RAE pS7PICT EOUPMENT. ALL GATB SHALL COWiB PARMN6 (SEE DETK C/4) BE EWIPPFD MTX A KEY SMICN BACK W AID SHUL DEFAULT ro THE OPFA POSIKW IN THE EVENT QF A POW9T FAILURE CA7B SHML BE SET fTIR AN OPEN DEUY OF 70 MIalES MEN ACDVA7B BY 71E OPACAL PREEMPnVE DENCE IN ACCRRDANCE M7H SECTION 507.6 OF ME 2006 INIBNAIKMAL RRE CWE RAMS NR INSTIAUBW OF PREElAPBVE DENQS SMALL BE SUBNRRD ro AI.GP. ~- NUMBER Qi PARI(WG SPACB NORiHMEST fME p51MCT MI7H TIE REpIRB FEES PPopt TO MSTADAApI OR MODRICAAON OF 1XE GATES. 1:1 PItOIECTB RIP-RAP SLOPE (SF SLEET /7) ~ I~4,752 SaARE FEET 6 CE Ye CQISIRUCMIN. FROMS FE NwRw X120 M9DiES BASTD APPENM% B ANO C Oi 11E Z006ff 3:7 Qi 1:1 EARTHEN SLAPS AS OFSNTIAIB IN7pMAAWAL FME CODE FYE XYDflAN15 CAPABLE OF OpJMRING THE REOUIED RRE ROW SHALL BE APPROVED. IN57M1ED, ~- 1E51FA AFD SEIFNCEIBLL PPoOR ro 7NE MRNDUCRpT OF COMWS7IBLE NAIEPoALS TO 7NE S7E FEWNED FlRE HIDRAN75 W 1MS RECWAABW DEPARTMENT ON DEYELOR.ENT Rw DETAILS (SEEt E3) 6' RENTAL NRIICAL CINB PER PC/COT SD. /209 97E 41ALL NOT BE USED FGR CONSTRUC7XIN PURPOSB AT ANY 7WE M ACCORDANCE MiN SECWW SOSS.1 OP iNE 2006 MiERNAnWw FNE CODE 37. RRE DEPARTMENT ACCESS ROADS STALL BE APPROV4D, RISTIIIID MiH All WEAINB PANNG W ACWIDwCE MIX SECTION 01021 . _ HANDCAP flAMP PB MARANA SD. X600-i AND ACCBSME AT ALL 1WES BEGNNMG M1H 7XE M7ROd1C710N OF COIBUSDWE NAIEAMIS TO TXE SITE M ACCORDwLE MTX ~ SECTION SOJ tT THE 2006 WTERNAlId9AL FME C(DE. CENTRAL TRASH Cp1ECIlON ~ J2 DUPoNG CONSIRUCRW, A SWN A MINIMUM Qi 24'IN XENRIT SHALL STALE THE DEPT. ACCESS' M BLOCK LETTERS 0. MNMUM OF CROSS REf: PRY-09014E 8' M HEKTIT M7H J/4' S1RG(E IN MME ESTERS ON RED BACKptp1ND. 71E NAME OF 7FE PROJECT, NAME EF 7NE CDNIRACTpt DPR-09026 HANDICAP PARKMG SPACE (SEE DETAIL D/4) AND A 24/7 BEfiENCY 7ELEPXpE NUNRR SHILL BE STENGLEO IX MBE BLOCK 1E77B5 A MNIMUM OF ONE NCX M HEIGHT TIE LEGACY JAPAHTIaQ(T8 AT DOVE en M.D.W. NANDICM ACCESSBIE UNNS MTH APPAOPMAIE STRp(E W 7XE LOMSi W 7MD Qi 7K SIGN. ADp71pTAL SONS SMALL BE PLACW ALWC 7K PAAI ff RLAYEL A MMMIM DF ONE EACH 100 FEET TO M11M7 50 FBT OF EACH WJIIDING iFE wp1DNAL SNRTS SHALL X50 STAIE'NO INOLMTAK 1~•ET9 }~ M.D.W. r M.DR. PARIONC -FIRE LANE' W MpIE BLOCK IETIERS fi' W (EIGHT BV J/4' S7RpE ON RED BACK6Rd1ND IN ACCORDANCE WTN jO~ PARCEL 7 Of DOVE MOUNTAIN CENTRE 11, "!° as DIRECiNM Oi ROOF DRAM $EClipl 5033 OF 7NE 2008 IN1EflNAnONM FME CODE. ~ PARCELS 1-7 AND COMMON AREAS "A" & "B" m ~~ wW 100- PRW03D SPOT EIEVAAW 73 7NE PRUIECT GBERM CON1Rwi0R AIAIl MANTAM FWE OFPARTMENT ACCESS MID CLEARANCE MOUD FIRE NYDRANIS Ai ALL SAES AMMO CONSiRUDTION. 71E GENB/L CWTRAC7p1 SHALL ERECT AOpiNNM SGNS A$ REWRB ro ENSURE CdIPIIANCE _ roar wi,ouwm. RECORDED IN BOOK 66, PAGE 73 q PORTION OF SECTION 38, T-11-5, ~.. 1 •..1 SALT NSINUIY nTMNCLE MM BECTON 507.3 Oi 7XE 2006 NIEPNATIONM FWE CODE, R-12-E GRSRBN MARANA ARIZON w DWD6e-IDa ~ a IJpI1WIG 31. 7XE OE94N WWL7E FpR THIS PROECT IS A Ml-1U J5. MWNTAM CENTRE ROw SHALL ff CONSiR11CifD AND CttNEC1B TO B01H DON: CBiRE ROAD AND WDERNE ROw PPoOR TO anyq e.r OP W ENGINEERING L L C . THE ISSUANCE OF ANY CBnFICA1ES aF OCGIPANCY FOR iH6 PRDfCT. , . . CRAONC LIMITS 78. 1HIS PROJECT 6 U7DZMG 1XE OpIS1Y TRANSFER RNME7DI5 M7HN THE DON: MWNTAIN SRCFIC PLAN AS SET Fp21H ON 111E DOPE MOUNTAN CBTRE N FlNM PUT. AaPaFS: ~z/ai/zoos ~. ,~ ~qee w,.K :em:.o. .... M~WWI THE PRESERVE AT DOVE MOUNTAIN BK. 57, PG. 74, M&P ZONED SP/LAND USE DESIGNATION = LDR COMMON AREA "B" eLnc ~ 1 aLDC ~ NDD P Bloc ~ eLOC ~ ~~ ~ ~~ ~• 2 STORY 2 STORY 2 STORY 2 STIXtY Z STDRY B6,StO2 SF. .I6, 68.5102 SF. 73.75' 68,512 SF. BB,A6 Sf. 66,736 SF. 6&T~. B 7 B OB Q O 0 W ' o y ~ ~ "~,,~,,=',m = s ~'~' ...~,~ «w~_ a .. . "~,~ - ~T~,7 ~,D - ~, - 5 10 __ - 5 - IN ~~ ~. _ ~ D 1 1-I 'a'il - ID ~ ~, 5 t10] ~ _ V ~ 5 _ ~. ~' U ~ R.T Tn'd Ras fro) 1-I 111 f"i _~. ] ~ ~ =3, r~-~-~~ `~ ~ 2~' 625. 8-25'/ R_-2.5' H25. P AAL tPgIVATE) ~ ^~" ~.'+ K ~- .~ P. A. A.L (MUVITE)~ ~-fL2 ~2 ~T 1 ~ / Y DOVE MOUNTAIN CENTRE II ~ ~ \1 ~ ~ ~ ~ ~ - 5 ~, 10 11~ 1• _ ~ ~ ,ti. C _ I J ~&~~$ B K.64 PG.73, M&P a~q=2 . -- ,, ,,-- e`~I _ PARCEL 2 ~NM'U,'CA ~'~ ~ , I. ~ + i / qTr 5 2 3 a u 261 Y ~ 0 ~~ P L~ I B E ZONEU SPECIFIO PLAN I ~~~ kl ~~- ` A G~ LANG USE UESIGNAI'ION = MUC I _ ~ I~ ~ Al ~ pp2 M.) O 6 N+ I^. ( ) ,TYP. 9xJ~ 11.5' ~ I 6 /~ ~ ~ r 4 9DEWAU( 2 570RY 2 STdtY ~ (p~~, R ~ P ti N6~1'+ I _-`J B I °' 66517 SE 66,512 SF. ~S. v ;?z m v " Ra, 5, IT 9 ~ QB OO ' , R z ,V NORTH 2 I l \ Y ~ ~~ ~ SCALE: 1" e40' ( _IZI;z 3 u~• J 1~7"' °~• ~ ]~~T~?~ •~ Be.T~cs. lest t ~ z~ ~lTm.l. k t~ ~k~i C ~ \ +n~:~..~ ~~`4~~ r QA h 1',.. IL5 r„~IfB (~1 -- ~I~ 4~_ J ~ ~4'8T - b 11 g3 ~ I {!HT -- R 2~ ~\ ;~ ~ 10 I qT~ ~:~~i +p I \ ~~ _ _ _ _ _ _ _ _ _ _~ ~ _ _ _ T1PJ gr g ~IBA9N /f 8,' ~ 0 1 ( HATE 5 MOU TAIN CENTRE R AD 6A. 'A 60.00 ~'~ a ~ n ~ ~ N6959'19'W 377.13' BL84 MMP ATP 73 L=264,31 Ra1g1 Z a a p -. 00 gwal ,~ ~_I a °o vm Q, e 1 ! '~ 1 1 // ro ~ ~ n / / DOVE MOUNTAIN CENTRE II / ~ ~~ / BK.64 PG.73, M&P 4r / PARCEL 5 ~y ~ / ZONED SPECIFIC PLAN ° ` 4~ / LAND USE DESIGNATION =MUC J~ /DOVE MOUNTAIN / CENTRE II / BK.64 PG.73, M&P / PARCEL 3 ZONED SPECIFIC PLAN • CLUBHOUSE RECREATgI AREA AM6MDE5 TO BE / LAND USC DESIGNATION =MUC REYIEWFD AND APPROVED ON TIIE LANDSCAff PLANS / •• ENTRY FEAMtE MILL BE RENEWED AND APPROVED _ / BY THE BUIDINO SAfftt OEPAR9ENT AND // NOR~MEST FqE 015R6CT UNDER A SEPARATE o / FWND 2' BRAA CAP SURVEY ~ MONUMENT IN CONCRETE ' SW. CDR. 5E636~__ ~ __ ___ S llll~~~~~~ NB959'19"W 1619.45' \ Url>~ / LBA9N i] DMITB __~py1.. •+'.~. ~? ~~.gv~ / ~ ~ , ~ ~,; ~ o ~-~ G 6 ~ , ; I 64]36 SE 3 ~ ~ ~ q p e '~ BIDC ~ I5.82 DOVE MOUNTAIN CENTRE II OA ~ ~ / I \~p~ 2SiDRY 16.87 FT25 BK.64 PG.73, M&P r Op 5 8~.5_ ~ ~'~ ~'7O£F' COMMON AREA "B" (OPEN SPACE) `. ~N~ ~y,_ ~' I ZONED SPECIFIC PLAN ~ 4~`]"gsMF_u".a~FJ~ Q~ (~~ , LANG USE DESIGNATION =MUC T l \ ~. .1 . ~. I" ,~' , ] .g ~~h,a ~ yti. '~-~~~ ~ s~ e ~~ a ~ ~ 5.~ ~ ~ ~~'` `9 ~I 2 BS512 SF. WMMON AREA "B' WEN SPACE ~_ ~ r ~~ o ___ GATE,I v ~r. •`~ I o A'/ ~ ~~-1 ~%~ 2"~ °~ THE (PRESERVE ~V °°o ~ ,,~p~Ad ~"-'~ AT DOVE MOUNTAIN Y FFAIUREa A 4 BK. __, PG. __, M&P 10~P.UE ~ BASIN ~ UMI75 y ~ Mc._ PG YRP m N0178'35'W 509 508 507 15.00 ~ \ Na9s9'19'W 2szee' ~ I I I I ~, 1~ /~~J ~~ I I I I ~ ~~_-~--__1_-- 1-- --- - _ _ _ - - - I § I i GOLDEN MIRROR DRIVE I~ _-_-- _--_-- 'I -------------- e, -~---~.-___._____- „', HORIZONTAL CONTROL DPR-09026 SEWER EA59Q17 ffR ~~ Tf7E LEGACY APAfiIFFNTS AT DOVE M.o.w. BN.84 0 M8P AT PG73 Ali MOI1NTAµ UNFTB }788 m"a°•a M.6w. al M.D.R. DOVE MOUNTAIN CENTRE II $~ .rA";~ PARCEL 1 OF DOVE MOUMAIN CENTRE II, K_ao' BK.64 PG.73, MkP ~ PARCELS 1-] ANO COMMON AREAS "A" k "8" .. u~u„ MAY TD09 w PARCEL 7 ~~ vWi~u - RECORDED IN BOOK 64, PAGE ]3 wru,.,:` 4 iOUND 2' BRA55 CAP SURVEY I' ZONED SPECIFIC PLAN MONUMENT 61 CONCRETE A PORTION OF SECTION 36, T-11-S, 2 - $ UNO USE DESIGNATION =MUC ' S I/rCOR. SE6 38 uei s. •• R-12-E GkSRBry' MARANA ARIZON ~ •.. O606D-104 a,,, r - - N69'S999"W 2fi8.35' - N6939'19'W ]Re.6s' OPW ENGINEERING, L.L.C. x ,znlizPOS .,.~... eml aw-ee 1° w f I l~ ~ ~ ~ ~ ~ ~~ ~ ~ TH ov &duNTAI~ ~ ~ E E P ~', r ' rl~ '`~ ' 1 ~`1r7 O J (dJED__S_PS/~I(A~j US;f7 D~j51 ANON - DR /~ ~ ~ ~ OM ON AR B .~ ~ ~ ~ ~~~ U N p JJJ S ~ Will ~- ~, < WAL ~ - .... -a, / 1 - Ay„ __., m 'e - I\ i ' a _~_ _~ . ~ ~~i .~ n n a eu ~ ~--- I a4.a ~ F a 187. 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VVNNL: s1' ~ °r~ a ~ _ ~ VAff sl 0 TAIN CE THE 0 I "~ 1 . ~.~~' ~ ~ ~ le ~C~ i ~~,~ ~ a SVrea3 ~ '1/ ~ ~ 7 ,J _. rJ ~ ~\ ~ _~" ~ - ~ L 'A' BNb _ ATyPG7~ ~ '% 5 GA. 1~0 BI ~I .. _ _ . ~~ ~ ,~i 4 ~ ...I ~ Y , ~. _~,. ~4 h -~ ~ '' c M na n B aaer~p6r z~ - ~, ~~ ~ ~ i~j~ 614 ~ w ~y~ ~J ~.-- ~,.Q I ~ J / snN 4- y. ~ ~y I ~~ C y ~ -21" 1 ~ ~ ~ / ~ ~ ~/ o w ~~ ~ ~ ~ - 4.D ,r'~BI-~ \a ~ ~ . 'CS ~ ~~ ~ THE PRESERVE _ ~~- I J / N B ~ / S:1' ~/~ F I ~ AT DOVE MOUNTAIN / ~o ~ ~ I' /~. RIM-822 ~ r ~1 0. I p p ~ J ~ / ~ ~ 1BK. _. PG. M&P • V ti , e~P~ 1 \l` B J V ~ :1 1 h/ ~l ~`. A ~> 1 0 ~ / / \ ~ R111 4 OPI i .. ~` L ~ En _ /~UPCP~3,G&TP~ ,.._J ~~~ 1 l 1 - -I - ~,~.-~/.~-~~- !_.,-----~-~ ~` ~I ~ E IR D VE l ~, /A / 4,0T ~ ~ / - - ~ _ ~ ~-- DOV MOUN AIN C TR I~~ `• ~ "- -- ~ --- --- - A~ ~ ~I ~ 1 ~~~ 09028 ~ ~ JI~~ ' •' ~ ~ ,DEVELOPMENT PLAN DETAILS o ~ // / zq ING s.p./M.u.. ~ B 4 G.7 , , &~ ~ _ ~~ (~ FN P TIE I enACY APARiAIFMB AT DOVE M.D.W. ri ~ ~ \ VA~IT / _ BY 0 ER ,B4 9P AT PG M.D.w. 1 \\\VV OT 5 ~. /~~ C- 9 / ~~~ ~ z NIN (sJP./ .u. ~ ~/ RI 7B. 1 ~ ~ ~+TN+ uKfB 1~ M.o.R. ° ~ / ~ ACA T '~ I R~Iti PARCEL 1 OF DOVE MOUNTAIN CENTRE II, ~ ..w 4 `/i \-~ / Y ERB D V OU NTAIN 1 \ f ~ bfi PARCELS 1-7 AND COMMON AREAS "A" & "B" ~ ~:~lyy ppp /' ( ~~ M/\) '280 9 CENT II Q I p w~~ - RECORDED IN BOOK 64, PAGE 73 ".,,,,. / i Q LO 7 R 12~E0 GkSRBMC MARANA ARI120NA ~ rSOM6B-104 ~ ~ u r / ;1 -,_ , ~ ~ r _, I ~ I N7 Ass. r M.u. ~ ~ (~~~ ~ ~ ~ OPW ENGINEBRI[VG, L.L.C. V~ <l ~ ~ _ ~ I I ~ ~ ~ , „i3vso , .,, 80' a' SIOEWAU( 2' 17 10' PARKING ACCSS UNE 12' ACLf55 UNE 19' PAftl(ING d' 7 SIDEWALK V ' fi' E%iRU0E0 CgiSiR. f 8° E%7RI10E0 I CURD CURB II F ~ ~ F I 4F ~ 2S F.C. ~,> u~S _ 4AR1~~ 8' CWCJ ~-~. _._ ...._ -. Y O.C -J z.Y ` 4' AB.CJ V ~ - - NOTE: .u. CRO55 SLOPE yPAIES .. - ¢. `2" OC VARIES FROM 0.5R TO 4R TYPICAL P. A.A.L. X-SECTION _~ N.T.S TW UYEH OF ROCK i0 BE FLUSH PATH GRWT BED (iYP.) HPNORAN. PER SD. ,j105 1:1 SLCPE (7YPJ 2 CAP 6' MIN OU. ftOCN HPND PUCED IN 4' GRWT BED raq CIEANEO FREE ^ PNY MSIBLE GRWT (719.) 2R BLWK ~ _ !- F.G.=9J.3 IS00' EARTHFN QIANNEL F.C. 93.3 _ 'C ~ OEPhi VARIES 25' MIN i0 43' MA % COMPACTED ~~ W.S D P1N= r, ~ .. 'y ~. Y WASH INVERT ~, / / 6" TOEOONN (TYPJ " WMPACIED SUBGRAOE ' 1'x2' CONCFir7E _.. ~ I i LJ ~coNVacTED SUBGRAW SIGNAGE EASEMENT 5' VARIES IS' 15' 7' EAOEMENi MDEWAIN 3'-8' 1 ' 3"AG NI%~'! ~O~ -i A.B.C. CCNSiRI1C7Ep PER L-WMPACIEO $IIBGRAOE TO 95R OEN511Y NNRE OEVELIX+MENi ~C0.NC. VEfl11CAL CURB PER 5.0,/209 (TYPE 2) 6' REVEAL PARKING FIRE LANE SIGNS EVERY 200' TYPICAL PROPOSED 46' PRIVATE STREET X-SECTION EB PAYFIIENF N.TS. 6' HIGH FASgA AT FULL ROOF DECK TO BE NON-REFLECTIVE PND PERIMETER ~ PRE-NNISHEO 4~ y b b STEEL CARPORT CANOPY - MANUfAC1UREA i0 PROWDE ENgNEEREO SHOP ORAMNCS SUB,ECT 51DEWPL 6 T~ a COLUNN i0 TONN APPflOVAL rT- ~_ r ~PAVBIC NOTE: 6' CWC.- J ~: ° PAAKING CANOPY SMAl1 _-~._, _-~-m~~ BE SIIBMITfED UNDER D G. 2 SEPARATE PERMIT 6" EXTRUDED WRB~ ~ .[MCRETE F0011NG PER MANVFACiVRERS ~'EOFICAlI0N5 I NTS. ~~L T.O. MASONRY rre' YaoD suis BETWEEN ALL VERTICAL MEMBERS LATER OF ROCK TO BE ISN W1H GRWT BEO SLOPE HIN qA ROCK HANG PUCED 4' giWT RED ANO QEANEp .E OF ANY M9BLE GRWT ` `WASH INVERT 6" iW00WN (TYPICAL) FIFNSHEO PAVEMENT LATERAL DRAINAGEWAY X-SECTION /1 TRENCH AND GRATE X-SECTION N.TS. X.iS. 2 ~ -T-I 6' EMTRUCfO SIDEWALI(~ --"iil CUINI _ HANIXIAIL rp,,I POST BARRICADE f.F.E=86.3 6 CONC. Fa T= CC~NN~00I11 rPAVEMENT T - ~~- ].5' MM. 7.5' MIN. EIIISTINC ~ ~ ~ _ 1~ - g2WN0 ~ ~ FFE=8531 5' - 90.8 2R ~ 15 WS pEPIH=0651 INLET=89,0 3-24 CMPs SIOPE=f.OR ' .._y --_.. r- PoP-RAP A ~. ., : DQNC7E0 ON ~ 6 CON~nclc CWPACTED SUBCAlADE LANDSCPPE PUNS RIP- A. ..:, DEPICTED W .,,~ 11'x3' CWCREIF LANDSCAPE PLANS ~D~ LATERAL DRAINAGEWAY X-SECTION ~ DRAINAGE X-SECTION L NT.S N.TS. 4' 0" PERIMETER BANK PROTECTION ~, B' 4-0' MA% N.T.S ~ 0" CMU WALL - e" CMU WAIL / W/SNCCO FINISH W/OPPONAL / STUCCO FNISH HINGES 2 PER SIDE 6" plA % 8'-0" (HINGED ON BOLLARD) r ggyARp (TW,) CONCRETE FlUED PIPE 1'X1'%1/0' /UBE I SET 7-0' INTO GRCdAA, STEEL AT 9" O.C. ~~( 1'-0' DIAMETER FW11NC I ': CONC. SUB OVER AP.C SIDE OPENING SUOING ODOR (BY O1HEA5) 6' MC41 WCgiA81E GATE. CAIES HINGED W BOLUROS i PRO41pE SL015 Al OPEN 4"%6'%1 /B• NBE STEEL ,,. ANO CLOSED GATE SECTION FOR JAMB POSIPON TO RECEIVE , CANE BOLT 6' THICK CONCRETE SUB 9• 17-4' 6" ~ PL~VI NEW NOTE GRIND ALL WELDS SMOOTH FRONT FL_AWRJ VEW REFUSE ENCLOSURE DETAIL _ _~ xTS 5' Y 11' MAK. (5' MIN.J 12' ~~ MIN. 5' NA%. 3. n -F E_~67.3 _ ~ ^~ J '~ ~- ' GRW1E0 ROCK ~, RIP-RAP .I; .. -GROUTED BOTTOM 3 ~i 1'x5 TWOOWN~ `1'x3' IWOOYM 5' 3' MA%. .5' Eg511NQ_ MIN. MIN, SIDEWALK GRWNO h ~ GRWIE~~RIP-RAP CWAPACTEO $UBGRADE BASIN b EIEV . (R) N:R WoM 0100 (Ms) V W (ac-R ) 1 R11UY 6]a0 PIP 76.0 W9P ]5.0 ME ]s.72 (X) 2 N 5.0 OJi J,9 Rfi 0.0281 DR 0.0233 IOIM O.W14 2 7].0 01.0 78.5 80.84 9 56.0 43.2 02508 0.2393 0.4901 3 80.5 82.5 81.75 82.N 15 29.0 21.2 00835 0.0704 0.1539 4 81.0 83.0 - 82.5 02.86 2 7.] 2.3 0.0191 0.0136 0.0327 IAOIRRAN, lMfB *1E8 +MMm PARCEL 1 OF DOVE MOUNTAIN CENTRE II, x E PARCELS t-7 ANO COMMON AREAS "A" k °B" _ RECORDED IN BOOK 66, PAGF 73 A PORTION OF SECTION 38, T-11-5, *~' ~~~ R-1 -E GdSR ARANA ARI20NA OPW ENGINEERING, L.L.C, TxPIRT:.,v3vzoR .,. ,,, NOTE: S7RUCNRAL CALWUTILNS AND DESIW BY DINERS PERIMETER RETAINING WALL /1 N.LS -- - T 11' 5' 11-~ FWW' BY GI FiF HANdCAP PAPo(ING SPACES HANDICAP PARKING DETAIL f1 N.TS. ~~ ~'~ ~~~~; ~~~ ,~~.~ t,..,....u 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, August 18, 2009, 7:00:00 PM To: Mayor and Council From: T VanHook ,Community Development Director Strategic Plan Focus Area: Community Building Item C 3 Subject: Resolution No. 2009-129: Relating to the Police Department; approving and authorizing the Town Manager to execute a funding agreement with. the Governor's Office of Highway Safety Under The Highway Safety Program (23 U.S.C. §§401-404) to fund the Marana Police Department's participation with the Click It or Ticket Next Generation Mobilization Discussion: The Governor's Office of Highway Safety (GOHS) has initiated a demonstration project in Maricopa and Pima Counties to test the effects of conducting multiple, interim Click It or Ticket Next Generation Mobilization periods with the goal of increasing seat belt usage rates in the two counties. GOHS has invited the Marana Police Department (MPD) to participate in this effort through a grant to pay officer overtime and ERE during three (3), one (1) week long law enforcement efforts for compliance with seat belt laws. Participating agencies are encouraged to conduct sporadic enforcements throughout the week and schedule overtime for periods when traffic violations are most prolific. MPD Click It or Ticket activity will take place between September 19, 2009 and October 1, 2010 on prescheduled dates. Financial Impact: GOHS will provide funding for police officer overtime pay ($7,110) and related ERE ($1,890) on a cost reimbursable basis. Reports will be filed with GOHS at the end of each activity period. No match funding is required. ATTACHMENTS: Name: l.~escriptie3n: "I~~~Ylae: ^ Police - GC7HS Grant Click it or Ticket Grant Agreement -_ Gt~HS Click It or picket Resolution FY 2010 resolution Resolution FY 2010.doc Staff Recommendation: Staff recommends approval and execution of the Grant Agreement with the Governor's Office of Highway Safety funding for the Marana Police Department's participation in Click It or Ticket activities. Regular Council Meeting -August 18, 2009 -Page 51 of 225 Suggested Motion: I move to approve Resolution No. 2009-129, approving and authorizing the Town Manager to execute funding agreement with the Governor's Office of Highway Safety Under The Highway Safety Program to fund the Marana Police Department's participation with the Click It or Ticket Next Generation Mobilization. Regular Council Meeting -August 18, 2009 -Page 52 of 225 MARANA RESOLUTION N0.2009-129 RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE TOWN MANAGER TO EXECUTE A FUNDING AGREEMENT WITH THE GOVERNOR'S OFFICE OF HIGHWAY SAFETY UNDER THE HIGHWAY SAFETY PROGRAM (23 U.S.C. §§401-404) TO FUND THE MARANA POLICE DEPARTMENT'S PARTICIPATION WITH THE CLICK IT OR TICKET NEXT GENERATION MOBILIZATION WHEREAS, the Governor's Office of Highway Safety (GOHS) has received funding under the National Highway Safety Act of 1966, as amended (23 U.S.C. §§401-404) for state and local agencies for projects relating to all aspects of highway safety; and WHEREAS, the Town of Marana recognizes its duty to protect its citizens through effective police powers; and WHEREAS, the Marana Police Department is working to with community partners and GOHS to improve safety on Arizona roadways; and WHEREAS, GOHS is offering grant funding to help further these goals; and WHEREAS, grant funding will allow the Marana Police to support overtime pay for police officers participating with the Click It or Ticket program. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Town Manager is authorized execute a grant agreement with GOHS funding for the Marana Police Department's participation in Click It or Ticket activities. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL, OF THE TOWN OF MARANA, ARIZONA, this 18t" 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 18, 2009 -Page 53 of 225 r..~~~ ,~ ~~~~~ ~~ ~ ~~~~ ,~~.N~x...~.~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, August 18, 2009, 7:00:00 PM To: Mayor and Council Item C 4 From: T VanHook ,Community Development Director Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2009-130: Relating to the Marana Municipal Airport;. approving and authorizing the Town Manager to execute a grant agreement with the Arizona Department of Transportation (E9F65) to provide state share match funding to FAA 3-04-0058-17 Discussion: In February 19, 2009, the Town entered into a grant agreement (FAA 3-04-0058-17) with the Federal Aviation Administration (FAA) for $68,073 to help fund the design of an air traffic control tower under the federal airport development program. The Town was then able to apply for a portion of the required match from the State of Arizona. Earlier this summer, the Arizona State Transportation Board and the Director of the Arizona Department of Transportation authorized reimbursement to the Town for a portion of match funds (2.5%) expended for airport planning under the FAA 3-04-0058-17 grant agreement The pending grant agreement (ADOT E9F65) provides the Town $1,792 for reimbursement of costs incurred during planning activities as authorized by the Arizona Department of Transportation. Financial Impact: This grant agreement provides match funding for FAA 17. ATTACHMENTS: Name: Deseription; Type: ~ Airpart - ADOT E9F65_ ftesolt~tion 7-2009.doc Resolution - t~DC:~7 E9E*~a5 Resolution Staff Recommendation: Staff recommends authorization full execution of a grant agreement with the Arizona Department of Transportation to provide state share match funding to FAA 3-04-0058-17. Suggested Motion: I move to approve Resolution No. 2009-130, authorizing full execution of a grant agreement with the Arizona Department of Transportation for match funding to FAA 3-04-0058-17. Regular Council Meeting -August 18, 2009 -Page 54 of 225 MARANA RESOLUTION N0.2009-130 RELATING TO THE MARANA MUNICIPAL AIRPORT; APPROVING AND AUTHORIZING THE TOWN MANAGER TO EXECUTE A GRANT AGREEMENT WITH THE ARIZONA DEPARTMENT OF TRANSPORTATION (E9F65) TO PROVIDE STATE SHARE MATCH FUNDING TO FAA 3-04-0058-17 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 February 19, 2009 the Town of Marana and the Federal Aviation Administration (FAA) entered into a grant agreement (FAA 3-04-0058-17) for $68,073 under the airport development program; and WHEREAS, the Arizona State Transportation Board and the Director of the Arizona Department of Transportation, in accordance with the authority granted by A.R.S. Sections 28- 304, 28-363, and 28-401 have authorized reimbursement to the Town of Marana for a portion of match funds expended for airport planning under the FAA 3-04-0058-17 grant agreement; and WHEREAS, under the terms of the pending Grant Agreement (ADOT E9F65) the Town of Marana is eligible to receive $1,792 for reimbursement of costs incurred during planning activities authorized under planning under the FAA 3-04-0058-17 from the Arizona Department of Transportation. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Council approves the agreement and authorizes the Town Manager and staff to take appropriate actions to carry out the terms of the agreement with the Arizona Department of Transportation. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 18t" 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 18, 2009 -Page 55 of 225 ~/ ~~ ~~ ~ rrw1F ~~/~\\~ H,. .. wn~F.ue 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, August 18, 2009, 7:00:00 PM To: Mayor and Council Item C 5 From: Jennifer Christelman ,Environmental Engineering Division Manager Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2009-131: Relating to Intergovernmental Relations; authorizing staff to coordinate with Pima Association of Governments to complete a greenhouse gas emissions inventory for the Town of Marana Discussion: Arizona had an estimated 60 percent increase in greenhouse gas emissions from 1990 to 2006.On September 7, 2006 Arizona's Governor Napolitano signed Executive Order 2006-13 which established a statewide goal to reduce Arizona's future greenhouse gas emissions to the 2000 emissions level by the year 2020, and to half of the year 2000 level by 2040. In anticipation of new federal legislation on greenhouse gas emissions the Town could benefit from a greenhouse gas emissions inventory. The inventory will establish a baseline for the Town on greenhouse gas emissions levels. The result of the inventory will determine if the Town has high or low levels and will provide information on the generators for the emissions. This information will serve as a planning tool to assist the Town in making future cost effective decisions for compliance with the regulations. Pima Association of Governments (PAG) completed a greenhouse gas emissions inventory for the City of Tucson and Pima County in November of 2008. PAG currently has the nationally accepted model to measure greenhouse gas emissions that they can use for the Town's inventory. The Town of Marana can coordinate with PAG to complete the inventory for the Town which will eliminate the need for the Town to join the national organization at this time. The resources needed to put this inventory together will be Town staff time to gather data to provide to PAG for use in the model. The result will be a completed greenhouse gas emissions inventory for the Town of Marana community as well as the Town's government operations. Financial Impact: Staff Time Only. ATTACHMENTS: Name: liescril~ti~?t~: Type: O Greenhouse Gases Resa {00016087}.DE}C Resolutit~n Resolution Staff Recommendation: Regular Council Meeting -August 18, 2009 -Page 56 of 225 Staff recommends that Council authorize Town staff to work with PAG for the completion of a greenhouse gas emissions inventory for the Town of Marana. Suggested Motion: I move to approve Resolution 2009-131, authorizing staff to coordinate with Pima Association of Governments to complete a greenhouse gas emissions inventory for the Town of Marana. Regular Council Meeting -August 18, 2009 -Page 57 of 225 MARANA RESOLUTION N0.2009-131 RELATING TO INTERGOVERNMENTAL RELATIONS; AUTHORIZING STAFF TO COORDINATE WITH PIMA ASSOCIATION OF GOVERNMENTS TO COMPLETE A GREENHOUSE GAS EMISSIONS INVENTORY FOR THE TOWN OF MARANA WHEREAS Arizona had an estimated 60% increase in greenhouse gas emissions from 1990 to 2006; and WHEREAS on September 7, 2006 Arizona's Governor Napolitano signed Executive Order 2006-13, which established a statewide goal to reduce Arizona's future greenhouse gas emissions to the 2000 emissions level by the year 2020, and to half that level by 2040; and WHEREAS, in anticipation of new federal legislation on greenhouse gas emissions and to serve as a planning tool to assist the Town in making future cost-effective decisions for compliance with the regulations, the Town could benefit from a greenhouse gas emissions inventory that establishes a baseline for greenhouse gas emissions levels in the Town, determines if the Town has high or low levels, and provides information on greenhouse gas generators; and WHEREAS the Pima Association of Governments completed a greenhouse gas emissions inventory for the City of Tucson and Pima County in November of 2008 and currently has the nationally accepted model to measure greenhouse gas emissions that can be used for the Town's inventory; and WHEREAS the Town of Marana can coordinate with PAG to complete the inventory for the Town, resulting in acost-effective Town of Marana greenhouse gas emissions inventory. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA, authorizing Town staff to coordinate with the Pima Association of Governments to complete a greenhouse gas emissions inventory for the Town of Marana. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 18th day of August, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regul~6~~~ ~~ti~g -August 18, 2009 -Page 58 of 225 '~~~ ~~~~ `~~~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, August 18, 2009, 7:00:00 PM To: Mayor and Council From: Frank Cassidy ,Town Attorney Strategic Plan Focus Area: Commerce Item C 6 Subject: Resolution_No. 2009-132: Relating to Development; adopting a notice of intent to enter into a retail development tax incentive agreement for the Marana Mercantile development project proposed to be located southwest of Interstate 10 at the northwest corner of Marana and Sandario Roads Discussion: Arizona law (A.R.S. § 9-500.11 (K)) requires a city or town to adopt a notice of intent to enter into a retail development tax incentive agreement at least 14 days before approving the agreement. Staff plans to bring to the council for its consideration at the September 15, 2009 meeting a retail development tax incentive agreement for the Marana Mercantile development project located southwest of Interstate 10 at the northwest corner of Marana and Sandario Roads. The current draft of the proposed Marana Mercantile development agreement, which contains the retail tax incentive which brings it with the purview of the statute, is provided with the agenda materials, and was discussed in a presentation at the August 4th meeting. It provides for reimbursement of 45% of the retail sales tax and 75% of the construction sales tax generated from the Marana Mercantile project beginning after the developer begins construction of the "Required Roadway Improvements" (as defined in the agreement) and ending on the earlier of (a) when all of the Required Roadway Improvements are completed by someone other than the developer, (b) when the total amount of sales tax reimbursements equal the cost of roadway construction plus interest, or (c) on the 20th anniversary of the effective date of the agreement. The total cost of construction of the Required Roadway Improvements is currently anticipated to be approximately $5.4 million, approximately $4.5 million of which are public roadway improvements for which 100% reimbursement is anticipated to be made to the developer out of the sales tax generated from the project. ATTACHMENTS: Nat~ne: L)escription: Type: ~ Reso re Mercant+le Notice of intent (00016043}.13~C Reso re Mercantile IAA Notice of Intent Resolution ~ Marana Mercantile DA (Ot)014953-4).I~OC Mercaratiie L}A graft Backup Material Staff Recommendation: Regular Council Meeting -August 18, 2009 -Page 59 of 225 Staff recommends the approval of Resolution No. 2009-132. Suggested Motion: I move to approve Resolution No. 2009-132, adopting a notice of intention to enter into a retail development tax incentive agreement for the Marana Mercantile development project. Regular Council Meeting -August 18, 2009 -Page 60 of 225 MARANA RESOLUTION N0.2009-132 RELATING TO DEVELOPMENT; ADOPTING A NOTICE OF INTENT TO ENTER INTO A RETAIL DEVELOPMENT TAX INCENTIVE AGREEMENT FOR THE MARANA MERCANTILE DEVELOPMENT PROJECT PROPOSED TO BE LOCATED SOUTHWEST OF INTERSTATE 10 AT THE NORTHWEST CORNER OF MARANA AND SANDARIO ROADS WHEREAS Town staff is completing its negotiations with respect to the terms of a proposed retail development tax incentive agreement for the Marana Mercantile development project, to be located southwest of Interstate 10 at the northwest corner of Marana and Sandario Roads; and WHEREAS A.R.S. § 9-500.11(K) requires a city or town to adopt a notice of intent to enter into a retail development tax incentive agreement at least 14 days before approving the agreement; and WHEREAS Town staff anticipates that it will bring the proposed Marana Mercantile development agreement to Town Council for its consideration at the September 15, 2009 meeting. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL, OF THE TOWN OF MARANA, ARIZONA, that the Town of Marana hereby adopts this notice of intent to enter into the Marana Mercantile development agreement, a retail development tax incentive agreement, no earlier than September 15, 2009. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL, OF THE TOWN OF MARANA, ARIZONA, this 18th day of August, 2009. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regula~~t I~~tir~g -August 18, 2009 -Page 61 of 225 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 'Town 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 ~~~ithin the corporate limits 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 De~~elopment are included in and subject to the provisions of the Marana Mercantile Rezoning (the `'N1arana 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 i1 attached to this Agreement. E. The Town and Owner/Developer 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 in this Agreement. F. The Development is consistent with the Town's long-term economic development strate- gies and is expected to create a source uf,i~iilicant tax revenue for the Town for many years. G. The Development will have a substantial positive economic impact on the Town because it is expected to provide commercial and retail service opportunities consistent with the busi- nesses targeted by the Town. The 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 18, 2009 -Page 62 of 225 _ 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 finding 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 to 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 will 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- rectly benefiting 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 thee. Required Roadway Improvements would to a large extent be needed whether or not the.. Development 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 necessary. R. The reimbursements to the Owner/Developer provided pursuant to this Agreement are in- tended to reimburse the Owner/Developer for its out-of-pocket construction costs and contribu- tions and related interest ~nld carrying costs for the Required Roadway Improvements, as de- scribed more specifically in this Agreement. AGREEMENT Now, TxEREFORE, 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 18, 2009 -Page 63 of 225 _ 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 definitions 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 bil i ld~r 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 in pa ra.graph 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 follov. in~~ rate per annum, compounded quarterly on the first day of each calendar ~)uartcr: 1.3.6.1. Five and a half percent (5. ~°%,) i t;~the Ownerlveveloper issues a notice to pro- ceed for the construction of the Required [Z~~adway Improvements on or before December 31, 2012. 1.3.6.2. Five percent ~~.~%) if the OwnerlDeveloper issues a notice to proceed for the construction of the Required Koadway Improvements after December 31, 2012 but on or before.-Decemher 31. 2013. 1.3.6.3. Four and 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, ~0l ~ but on or before December 31, 2014. 1. x.6.4. Four percent X4.0%) if the Owner/Developerissues anotice to proceed for the construct i~~n 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 18, 2009 -Page 64 of 225 _ 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 anal construction of all of the following (subject to modification pursuant to Paragraphs 2.5 and 3.4 of this Agreement): 1.3.12.1. Marana Road as a two-lane curbed roadway (with turn lanes and signaliza- tion as required by aTown-approved traffic impact analysis) from (but not including) the Marana Road/Interstate 10 interchange to the western 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 (one lane in each direction with a turn lane in the middle) curbed roadway (as approved by the Town Engineer) to 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 more than .46 miles, measured along its centerline. 1.3.12.4. Signalization of the Interstate-10 off-ramps at Marana Road, if required by the Town-approved traffic impact analysis. 1.3.12.5. Any additional improvements to the foregoing roadways, to the extent agreed upon by the Owner/Developer and the Town... 1.3.13. "Required Roadway Improvement Costs" means all costs, expenses, fees and charges actually incurred and liaid by or on behalf of Owner/Developer to contractors, archi- tects, engineers, survevor~, ~~~~~~ernmental agencies, other professionals and consultants, and other third parties for matcrial~, labor, planning, design, engineering, surveying, site excava- tion grid hrcparation. governmental permits and payments, payment and performance bonds, other-professional services, and all other costs and expenses related or incidental to and rea- sonably necessary for, the acquisition, improvement, construction, installation, or provision of the Required Roadway.hnprovements, 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 comiection 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} MARANA MERCANTILE DEVELOPMENT AGREEMENT 7/14/2009 2:06 PM Regular Council Meeting -August 18, 2009 -Page 65 of 225 _ 4 _ 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 tratlic interchange. 1.3.16. The "Total Reimbursement Amount" is defined in paragraph 4.1.1 below, and shall not exceed the Required Roadway Improvement C~~st,. plus Interest. Article 2. Development of the Property. 2.1. Development Regulations. The development of the Property shall be ~~oven-ted by the underlying zoning or land use designation and the standards E~ruvided 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 1\larana Development Code, includ- ing the written rules, regulations, substantive procedures, and-}~c~licies 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 full development, exclusive of voluntary limitations or restric- tions, under the controlling underlying zoning or land use designation included in the Marana Mercantile Rezoning, and if not so covered, under the Marana Development Code. Anything else in this Agreement to tl,e contrary notwithstanding, the Town shall not apply any ordinances en- acted after the Effective Date of this Agreement 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 more of rctaii slaac~) for retail facilities on the Property. The immediately precedin~~ sentence shall tern~inatc on the tenth anniversary of the Effective Date of this Agree- ment. The requirements of th i s ~~aragraph are collectively referred to as the "Development Regu- lations." 2.2. Development Reviei~ .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 18, 2009 -Page 66 of 225 _ 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 ag tion. 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 Improvements in a manner consistent with the Initial Development Plan. 2.5. Marana Main Street Right-of-Wa~cc~uisition. The To~~ n a~~rces to timely begin and diligently pursue the acquisition of all right-of--way (the '`Marana Main Re?W") needed for the construction of the Marana Main Street improvements (the "Marana Main Improvements") from Marana Road to Sandario Road (see subparagraph l .3.12.3 above). If the Town fails to acquire the Marana Main ROW by the time the Owner/Developcr begins actual physical construction of the Initial Minimum Improvements, the Marana Main Improvements shall be permanently de- leted from the definition of Required Roadway Impro4 cmetats, and shall not be required to be constructed by the Developer; provided, however, that the t)~~ ncr/Developer shall, at least 180 days prior to actual physical construction of the Initial Minimutn Improvements, give the Town written notice of the date Owner/Developer plans to begin actual physical construction of the Ini- tial Minimum Improvements. 2.6. Effect of Sale of a Portion of the Property. The Owner/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: y 2.6.1. For purposes of the performance of the Owner/Developer's obligations relating to the Required Roadway [mprovements and the Shoofly, the term "Owner/Developer" shall jointly and severally include each and every owner of any portion of the Property. 2.f .?. For purposesof entitlement to receive Reimbursement Payments under Article 4 of this ~'1gr~ement, the "U~~ ner/Developer" shall mean that owner of any portion of the Property who ins urn the Required Roadway Improvement Costs. Article 3. Construction of the Required Roadway Improvements and the Shoofly 3.1. Timing of Construction of Required Roadway Improvements 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 Roadwa~provement Obligations. 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/l4/2009 2:06 PM MARANA MERCANTILE DEVELOPMENT AGREEMENT Regular Council Meeting -August 18, 2009 -Page 67 of 225 _ ( _ 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 building permits for construction of the Initial Minimum Improvements. However, since the purpose of this r~ ~~re~ ment is to facilitate repayment of the Owner/Developer for costs associated with Owner/Deve.luper's construction of the Required Roadway Improvements, this Agreement >hull terminate if and when all of the Re- quired Roadway Improvements and the Shoofly a<< completed by anyone other than the Owner/Developer (see paragraph 7.1 below). If some. but nut all, of the Required Roadway Im- provements and the Shoofly are under construction b} the "Town or some entity other than the Owner/Developer, the remainder of the Required Roadway Improvements and the Shoofly, as they may be modified pursuant to the next sentence; shall be constructed by the Owner/Developer. In that event, the Town shall be authori~e~i to expand or realign the Required Roadway Improvements and/oI• the Shoofly to the extent rrasonably necessary to accommodate additional capacity and alignment considerations resulting from tf~Ien-existing development. 3.5. Town Review and Appro~-al of Plans. Except as expressly provided in this Agreement, the development and c~~nsiruction «f the Required Roadway Improvements is subject to the Town's normal plan sul~Itlittal, rzyicty and approval procedures and construction inspection re- quirements. Article 4. To.. n IZcimbursement to Owner/Developer 4.1. Reimbursement-Amount. "I~hc Town shall make Reimbursement Payments to the Owner(Developer for: 4.l .l .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 Interest 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 18, 2009 -Page 68 of 225 _ 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 an~~ 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 landotivner, 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 Pa, ents. The Town shall pad to the O~o~ner/Developer within the first 45 days of each calendar quarter all funds in the Reimbursement Account (`'Reimbursement Payments"), beginning the first calendar quarter after the later of (i) Town's issuance of the cer- tificate of occupancy for the last building constructed 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 t~ 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 Agreement shall be paid to Owner/Developer within thirty days after the expiration 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/l~e~~clc~~~~r .ludit. N~~t nlorc than once each calendar year, the Owner/Developer may, at its own a»t_ audit fuwn sale ta.l returns and other appropriate financial records of the Town t~~.assure prompt and accurate deposit into the Reimbursement Account of all revenues as required pursuant to this Agreement. 4.6. Annual Report. Within 45 days following the end of each Town fiscal year, the Town shall deliver to the Owner/Developer 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 18, 2009 -Page 69 of 225 _ 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 information. Article 5. Owner/Developer's Payment of Developi>r>rent Impact 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 Gravity Storage and Renewable Water Resource Fee and the Water System Infrastructure Impact 'Fee. adopted by Marana Ordinance No. 2005.25. 5.2. Other Impact Fees. Except as specifically provide~~l in the first sentence of paragraph 5.1 above, no surcharge, development fees or impact fees, exactions or impositions of any kind whatsoever for water, sewer, utilities, streets or other transp~~rtation systems, parks, preserves, storm sewers, flood control, public safety or other public servrc~ <~~ any other infrastructure cost or expense shall be chargeable to the Owner/Developer or to an~~ ~~wner, lessee or occupant of the Development within the first 42 months after the.. Effective llate of this Agreement. Article 6. Cooperation and Alternative Dispute 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 a~ a liaison 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 he selected by the Owner/Developer. The representatives shall be available at all reasonable time. t.o discuss and review the performance of the Parties to this Agreement and the developn~ ent o I'the Property. 6.2. Non-Performance: I:emedies. 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 18, 2009 -Page 70 of 225 _ 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 aforty-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 Town. If the Parties cannot agree upon the selection of a mediator within seven days, then within three days thereafter ch.e Town and the Owner/Developer shall request the presiding judge of the Superior Court in ,ind fnr the County of Pima, State of Arizona, to appoint an independent mc~iiator. The mediator selected shall have at least five years' experience in mediating or arbitrating disputes relating to real estate 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 nonbinding on the Parties, and any Party shall be free to initiate arbitration after the moratorium. 6.4. Arbitration. After mediation, as provided for in this ;article, any dispute, controversy, claim or cause of action arising out of or relating to this Agreement 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 ,lrbitration 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 Agreement-shall become effective upon its execution by all the Parties and the effective date of the resolution oraction of the Town Council approving this Agreement (the "Effective .Date"). The term of this :agreement shall begin on the Effective Date and, unless sooner terminated by the mutual cun~ent 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 18, 2009 -Page 71 of 225 _ 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 h~ rci: rence. 7.7. Exhibits. Any exhibit attached to this Agreement ~hall,be deemed to have been incorpo- rated in this Agreement by reference with the same forrc and effect as if fully set forth in the body of this Agreement. 7.8. Further Acts. Each of the Parties shall execute and deliver 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- of the foregoing, the Town 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. Tinge. 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 shall inure to the benefit of and be binding upon the successors and assigns ~>f the Parties pursuant to A.R.S. § 9-500.05 (D). Owner/Developer shall retain the ri<~ht t~~ receive Reimbursement Payments as provided by para- graph4.4 of thisAgreement regardless of the status of title or ownership of any or all of the Property unless Owner/Developer expressly assigns its rights to receive the Reimbursement Pay>nent~. 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 frilly bound by the provisions of this Agreement. Any assignment by Owner/Developer shall he 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 Ownel•/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 18, 2009 -Page 72 of 225 _ 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 to recognize the rights of Lender and to otherwise permit Lender to assume such rights and obligations of Owner/Developer under this Agreement. Nothing contained in this Agreement shall be deemed to prohibit, restrict, or limit in any way the right of a Lender to take title to all or any portion of the Property, pursuant to a foreclosure t~roceeding, trustee's sale, or deed in lieu of foreclosure. The Town shall, at any time upon request b} Qwner/Developer or Lender, provide to any Lender an estoppel certificate, acknowledgement of collateral assignment, or other document evidencing that this Agreement is in full force and effect, that it has n~~t been amended 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. Upon request by a Lender, the Town will enter into a separate assumption or similar agreement Wlth 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 OwnerlDeveloper and the Town.. 7.14. Third Party Beneficiaries. No term or provision of this Agreement is intended to, or shall be for the benefit of any 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 b~. 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 18, 2009 -Page 73 of 225 - 12 - 7.1.7. 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 arcliitccts and other design professionals of copyrights to plans and specifications, the Owner/Develoher 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, formul~ited or prepared by or at the in- stance of the Owner/Developer in connection with the Prot~crt~ car any plans; provided, however, that in connection with any conveyance of portions u1~ the. infrastructure 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/Developer represents and warrants to the Town that it is duly formed and validly existing under the Laws of the state of Arizona and is authorized to do business in the state of Arizona. The Town represents 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 Agreement on its behalf is authorized and empowered to bind the Party on whose behalf each such individual is signin~~. 7.21. Severability. If any provi~ic~n of this Agreement is declared illegal, invalid or unen- forceable, in whole or in part, under present ~u future laws, it shall be severed from the remainder of this Agreement, which shall otl~er«~i;e 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 as similar in terms to the i I legal, 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 18, 2009 -Page 74 of 225 _ 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 or complete any part or all of the development of the Property. 7.26. Ap rp oval. 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 any 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 timz. "Force majeure" as used in this paragraph means any condition or event not reasonably within the control of such Party; including without limitation, "acts of God," strikes, lock-outs, or other disturbances of employer/employee relations; acts of public enemies; orders or restraints of any kind of government of the United States or any state or subdivision thereof or any of their departments, agencies,or officials, or of any civil or mili- tary authority; insurreetiur~; civil disturbances; riots; epidemics; landslides; lightning; earth- quakes; subsidence; fires: hurricanes; storms; droughts; floods; arrests, restraints of government and of people; explosi~~ns; 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 t~~ thedemands of the opposing party or parties, in either case when such courseis, in the judgment of sorb I'art~. 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 to A.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 ur `~i~~en in ~ounection 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 oi• czrtified United States mail, postage prepaid, if to (or to such other ad- dresses as any Party rriay 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 18, 2009 -Page 75 of 225 _ 14 _ 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 18, 2009 -Page 76 of 225 _ 15 _ 1N 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: 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: Jocelyn C. Bronson, Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorliey STATE OF ARIZONA} SS County of Maricopa ) The foregoing instrument was acknowledged before me on by , the of DTR l , L.L.C., an Arizona limited liability company, Manager of DTD-DEVCO 12, L.L.C., .ln 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 18, 2009 -Page 77 of 225 _ 1C _ LIST of ExxIBITS 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 18, 2009 -Page 78 of 225 _ 17 _ EXHIBIT A Legal description of the Property (00014953.DOC / 4} 7/14/2009 2:06 PM MARANA MERCANTILE DEVELOPMENT AGREEMENT Regular Council Meeting -August 18, 2009 -Page 79 of 225 EXHIBIT f~ 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 18, 2009 -Page 80 of 225 EXHIBIT B ~~ _ ~~ ~~~~~~ , =~~x ~~~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, August 18, 2009, 7:00:00 PM To: Mayor and Council Item C 7 From: Suzanne Machain ,Human Resources Director Strategic Plan Focus Area: Progress and Innovation Subject: Resolution No. 2009-133: Relating to Personnel; approving and adopting amendments to the Town's Personnel Policies and Procedures, revising Chapter 5 -Work Rules, Policy 5-7 - Personnel Action Review Board (PARB); and declaring an emergency Discussion: As part of an on-going comprehensive review of the Town's Personnel Policies and Procedures, staff is proposing the attached amendments to Chapter 5 -Work Rules, specifically Policy 5-7, related to the Personnel Action Review Board (PARB). Consistent with Ordinance 99.12 and Resolution 99-38, amendments to the Personnel Policies and Procedures, policy 5-7, was presented as a first reading for Council consideration on August 4, 2009. At the conclusion of the presentation, Council directed staff to return with this item for final approval. This item proposes to change the PARB to a five member Board, with no alternate members and stagger the terms of the members accordingly. For each appeal hearing, three of the five members would be designating to hold the hearing and take testimony. Deletions are shown with strikethroughs and additions are shown with double underlining. When presented on August 4, 2009, the amendment proposed to permit PARB members to sit on one Citizens Advisory Commission concurrently with PARB membership, but no other Town boards and commissions. This sentence has been removed so that there will be no blanket restrictions on PARB membership concurrent with other Town boards, commissions or committees; rather, the Council may consider this issue at the time of each individual appointment and proceed as the Council desires. ATTACHMENTS: Name: I)cseription: T'ype.: ~ Resa Amendrr~ents_to Chapter 5, Policy 5-7,_PARB Resolu#ion Resoiu#ion compasition (£)0016074).t7t3C O EX A -Revisions to PARR -- _ - co_mpasition,_terrns,_etc, Exhibit A-Anrer~d~nents to Policy 5-7 Exhibit (4€}CJ 15776-3). C3{7C Staff Recommendation: Staff recommends adoption of amendments to the Town's Personnel Policies and Procedures, revising Regular Council Meeting -August 18, 2009 -Page 81 of 225 Chapter 5 Work Rules. Suggested Motion: I move to approve Resolution No. 2009-133; approving and adopting amendments to the Town's Personnel Policies and Procedures, revising Chapter 5 -Work Rules, Policy 5-7 -Personnel Action Review Board; and declaring an emergency. Regular Council Meeting -August 18, 2009 -Page 82 of 225 MARANA RESOLUTION N0.2009-133 RELATING TO PERSONNEL; APPROVING AND ADOPTING AMENDMENTS TO THE TOWN'S PERSONNEL POLICIES AND PROCEDURES, REVISING CHAPTER 5 -WORK RULES, POLICY 5-7 - PERSONNEL ACTION REVIEW BOARD (PARB); AND DECLARING AN EMERGENCY WHEREAS Section 3-3-3 of the Marana Town Code provides that the Town Council may adopt personnel rules, regulations and policies that follow the generally accepted principles of good personnel administration and which may be modified or changed from time to time; and WHEREAS the Town Council adopted Personnel Policies and Procedures via Town of Marana Ordinance 99.12 and Resolution 99-38 on May 18, 1999; and WHEREAS Ordinance 99.12 and Resolution 99-38 provide that the Town Council may amend and revise the Town's Personnel Policies and Procedures after any proposed amendments have been submitted to the Council for consideration at a previous Council meeting; and WHEREAS Town staff presented proposed amendments to the Town's Personnel Policies and Procedures at its August 4, 2009 meeting; and WHEREAS the Council finds that adoption of the amendments to the Town's Personnel Policies and Procedures is in the best interests of the Town and its employees. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. Chapter 5 of the Town's Personnel Policies and Procedures, entitled "Work Rules," is hereby amended as set forth on Exhibit A attached to this resolution. SECTION 2. The Town's manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the aforementioned amendments. 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 18`h day of August, 2009. Mayor Ed Honea ATTEST: Regul~r0~ l.e~~Ori~~~i; l Owfl9Cl~~~83 of 225 APPROVED AS TO FORM: Frank Cassidy, Town Attorney {ooaiso~a.ooc ~} ,_„ Chapter 5 N~ARANA, WORK RULES ~.1ti TOWN OF MRRAtvA 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 +ti.°° ^.i^,.,^, vP members ^^~' +tir°° ^'+°~^.,+° .,,°.„-,°~°, all of whom shall be residents of the Town of Marana. B. At its first regular meeting, and each year thereafter, the PARB shall select a Chairperson and Vice-Chairperson from its ~r++~~ members. Section 5-7-2 Appointment of PARB Members A Drim^^, .,^,+ .,~+nr^^+° PARB members shall be appointed by the Town Council pursuant to aalicable Town Code provisions. B. Preference shall be given to applicants who have human resources and/or personnel management experience. nnmmi++°°n ~ G V I"RiTRL'CIT..T. 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 appointed after the effective date of this policy shall serve the followina terms: 1. Tree PARB members shall serve terms of #~ee four years. an~~-rnc ;Itet'nat~member shall-se~e~s-of~;:~TeaTs. Tq~-T-e..,^ ~.;-s#aa:: GtIICinn^+n +hn +°rm of °^nh mnmh°r u.h°n ~+~nnnin+mnr~+ is m~+rln 2. Two PARB members shall serve initial terms of two vears. B. Th reafter. the term of office for each PARB member shall be four vears {00015776.DOC / 3; EXHIBIT A lar Council Meeting -August 18, 2009 -Page 84 of 225 ,_,~~~ Chapter 5 ~--J" "\ ~~ MARANA -WORK RULES iQYJN O~ MARANA Section 5-7-5 Removal of PARE Members #er~a~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 #e~ with or Wlthput cause. Tho L-J~im~n Doc~n~~rnoc Ilircn#nr chill ho roc~r~nnc+ihlo inr hrinninn ~+nv Section 5-7-6 Replacement of PARB Members If it becomes necessary to ~^~ replace a r,rim~ni „r ,~*or.,,+o PARB member at any time ,the Human Resources Director shall ensure that an appropriate replacement is selected in accordance with this policy ~ applicable Town Code provisions. A replacement PARB member shall finish the oriainal term of the PARB member beina replaced. Section 5-7-7 Appeal Hearings A. When an appeal hearina is scheduled in accordance with the arovisions of this chapter. th P RB 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 he PARB Chairperson is not amono the members holdina the hearina. the ice-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 PARB members holdina the hearina shall select one of their members to serve as Chairperson for that hearina. C A pr+r~at-y PARB member shall be disqualified from serving on the PARB for a specific appeal hearing under any of the following circumstances: 1. 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 {00015776.DOC / 3} EXHIBIT A Council Meeting -August 18, 2009 -Page 85 of 225 ~~~~~ I~ARANA ,/ I ~. iOWlJ ~ MARANA. Chapter 5 WORK RULES member shall submit such a request to the Human Resources Director who shall, in 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. 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 PARB 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 AAL~embers serve in a voluntary capacity. PARB A~4~embers 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 PARB 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 in 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 {00015776.DOC / 3} EXHIBIT A r Council Meeting -August 18, 2009 -Page 86 of 225 r ~ ~-~ IV~ARANA ~~~ ;~ wrd oc r.aaRati~ Chapter 5 WORK RULES 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. D. A majority of the teary 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 PARB. 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 PARE attorney at any meeting of the PARB. {00015776.DOC / 3} EXHIBIT A filar Council Meeting -August 18, 2009 -Page 87 of 225 Reg _ ~,~ ""'~~ ~~ ~~~ ~~~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, August 18, 2009, 7:00:00 PM To: Mayor and Council Item C 8 From: T VanHook ,Community Development. Director Strategic Plan Focus Area: Community Building Subject: Resolution No, 2009-134: Relating to the Police Department; approving and authorizing full participation on the Pima County/Tucson Metropolitan Counter Narcotics Alliance, a law enforcement task force Discussion: The Town of Marana is participating with the Arizona's Counter Narcotics Alliance (CNA) under agreements signed in 2003 and 2006. Participating agencies renew their commitment every three years through renewal of an agreement signed by all parties. This document and various grant and operational agreements form the administrative structure of the Alliance. Arizona's Counter Narcotics Alliance CNA is a multi jurisdictional drug task force that consists of 18 participating agencies, including law enforcement and prosecution agencies, the Arizona High Intensity Drug Trafficking Area (AZHIDTA), and the Davis-Monthan Air Force Base (DMAFB) operating in the Pima County metropolitan area. Each agency compliments the task force through staffing, assisting with facilities or administrative processes, such as record keeping. The organizations committed to the CNA each have an active role in the collective success of the task force. The CNA was founded in January 2003 and is the successor to the Metropolitan Area Narcotics Trafficking Interdiction Squad (MANTIS) in Southern Arizona. Drug enforcement in the Pima County and Tucson metropolitan area will be conducted in a concerted effort in order to maximize the available resources. The enforcement issues will be addressed from the street level through the international level through the cooperation of local, state, and federal agencies, to include AZHIDTA initiatives. This alliance will be an interrelated drug and anti-terrorism enforcement effort that shares resources and intelligence in the successful interdiction of illegal narcotics. The CNA is an investigative initiative that also conducts interdiction operations and financial investigations when appropriate. The CNA task force has a successful track record, evident in its yearly outputs and achieved goals. It employs all methods of narcotic investigation and interdiction, ranging from undercover street enforcement to Title 3 intercepts, both at the local and international drug trafficking organizations (DTO) and money laundering operations (MLO) levels. Task Force Demographics Geographically Regular Council Meeting -August 18, 2009 -Page 88 of 225 Pima County encompasses 9,342 square miles and has an estimated population of one million. The areas of Tucson, Oro Valley, Marana, South Tucson, and Sahuarita lie within its boundaries, as do areas of Tohono O'Odham and Pasqua Yaqui Indian Reservations. Situated in Southern Arizona and on the Mexico-United States border, there is significant clandestine drug smuggling activity in this location. The combination of Arizona's proximity to Mexico and the span of unprotected border and remote desert regions make Tucson an ideal area for stash housing. Consequently, this significantly and negatively impacts Arizona's violent crime and property crime rates. The Drug Enforcement Administration (DEA) intelligence has estimated. that 90 percent of all the illicit narcotics entering the United States pass through the southwest border. Of the four states bordering Mexico, AZHIDTA's post seizure analysis ranks Arizona as second highest in terms of volume of drugs being smuggled into the United States. Arizona's proximity to the border makes the CNA a first line of defense against the. growing narcotics activity throughout the United States. As such, the CNA seizes and interrupts a broad range of narcotic activities involving marijuana, cocaine, heroin, meth, crack, and pharmaceutical drugs. The Town of Marana is an active CNA partner and currently has resources assigned to the taskforce through a HIDTA grant. Financial Impact: CNA related grant agreements do not require match funding. ATTACHMENTS: Name. Description: Tti pe. ~ Police_-..CNA Participation Resolution 2009.doc CNA Participation Resolution Resoiution Staff Recommendation: Staff recommends approval of the Resolution No. 2009-134, authorizing full participation on the Pima County/Tucson Metropolitan Counter Narcotics Alliance, a law enforcement task force. Suggested Motion: I move to approve Resolution No. 2009-134, authorizing full participation on the Pima County/Tucson Metropolitan Counter Narcotics Alliance, a law enforcement task force. Regular Council Meeting -August 18, 2009 -Page 89 of 225 MARANA RESOLUTION N0.2009-134 RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING FULL PARTICIPATION ON THE PIMA COUNTY/TUCSON METROPOLITAN COUNTER NARCOTICS ALLIANCE, A LAW ENFORCEMENT TASK FORCE WHEREAS, the Town of Marana recognizes its duty to protect its citizens by working to reduce crime associated with drug trafficking and drug use; and WHEREAS, the Town of Marana is empowered by A.R.S.§ 9-240(b)(12) to maintain a Police Department; and WHEREAS, the Marana Police Department is working with Pima County, the Cities of Tucson and South Tucson, the Towns of Oro Valley, Sahuarita and Oro Valley, the United States Government, and other community agencies as a regional partner in the Pima County/Tucson Metropolitan Counter Narcotics Alliance (CNA); and WHEREAS, the funding for the provision of salaries, overtime pay, mileage reimbursement, surveillance equipment, and other costs related to services provided in coordination with the CNA task force may be available through grant and special revenue funds; and WHEREAS, the Marana Police Department wishes to assign officers with the other community agencies as a regional partner in CNA taskforce activities. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Council authorizes the Town Manager and staff to take appropriate actions necessary to continue participation as a member of the Pima County/Tucson Metropolitan Counter Narcotics Alliance including all intergovernmental .and operational agreements. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 18th 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 18, 2009 -Page 90 of 225 H~>~~> '~ "+~~^v ~.:~ ~~~~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, August 18, 2009, 7:00:00 PM To: Mayor and Council From: Lisa Shafer ,Assistant Planning Director Strategic Plan Focus Area: Commerce Item C 9 Subject: Resolution No._2009-135: Relating to Development; approving and authorizing a final plat for Twin Peaks Retail Center Discussion: Re uest__ Final plat approval of afour-parcel commercial subdivision on 5.1 acres. The final plat will allow for the ability of individual ownership of the proposed lots. Hist~ CJR Investments has developed and constructed the Twin Peaks Retail Center on 5.1 acres of land adjacent to an existing Walgreens. The development plan for this center was originally approved by Planning Department Staff on September 6, 2005 and a revised development plan was approved on May 5, 2009. To date approximately half of the center has been constructed. Location The site is generally located at the southeast corner of Twin Peaks Road and Coachline Boulevard within the Continental Ranch Specific Plan. The land use designation under this Specific Plan is Commercial (C). Transportation Access to the development comes from multiple shared access driveways. Three driveways off of Twin Peaks Boulevard serve the project as well as two driveways offof Coachline Road. ATTACHMENTS: Name: O Resolution 2009-xx Twin Peaks Retail Center FP.doc ~ TP Retail Centsr Locatian Map,gdf _ _ ^ TPR Applicationpd# ^ Twin Peaks Retail Center FP.pdf _ _ Staff Recommendation: Deseription: Resolution 2009.xxx Twin Peaks Retail Center FP Location tt1ap Application Twin Peaks Retail Center Final Plat "Type: Resolution Baokup Material Backup Material Backup Material Regular Council Meeting -August 18, 2009 -Page 91 of 225 Staff finds that the final plat is in compliance with the Continental Ranch Specific Plan, the Marana Land Development Code, and the Marana General Plan. Staff recommends approval of this final plat. Suggested Motion: I move to approve Resolution No. 2009-135, approving and authorizing a final plat for Twin Peaks Retail Center. Regular Council Meeting -August 18, 2009 -Page 92 of 225 MARANA RESOLUTION N0.2009-135 RELATING TO .DEVELOPMENT; APPROVING AND AUTHORIZING A FINAL PLAT FOR TWIN PEAKS RETAIL CENTER WHEREAS, the Continental Ranch Specific Plan was approved by the Town Council on Apri15, 1988, as Ordinance 88.09, Arizona; and WHEREAS, CJR Investments, has applied for approval of a final plat for Twin Peaks Retail Center, a 4-lot commercial development on 5.1 acres, and is generally located south of Twin Peaks Road and east of Coachline Boulevard, within a portion of Section 21, Township 12 South, Range 12 East; and WHEREAS, the Town Council, at their regular meeting on August 18, 2009, determined that the Twin Peaks Retail Center Final Plat should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Twin Peaks Retail Center Final Plat is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 18th 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 18, 2009 -Page 93 of 225 ~~ ~~~ Twin Peaks Retail Center ~ ~~ =~ -. CASE PRV-09007E ~~/ ~ ~-1-?•~ ~~ _ - --J 1 1{ 4 1 1 1 ~. W-VIOTOP.YCT ~ 1 ~ O ~ ~ F~ z ~, ~~ c~~~~QP '~-9pR~G' ~~> - -W COLONY-PARKDR~ _~ ~~ - -N SU~~~' AL'DR-~ ~ ~. / ~' , - r= ~ ~ ~ ~ ~ ; a ~~ _>/t CQS - ~ r MIC SKY, DP, _ ~ Q -- - .~ LU --- ~ 1 - ~ O --~ U y~ ,` i I: z, ~ P\~~~R 7 W WJL DFLOWER C z Q ~~~ _ REST_tt~y ~ 7 ~`WSUN5E~.~~Ov _ - _ , ~ __ . -- ~ Subject Pro~~erty -- - ~ - - w~fNpE~xs r<D_ _~ i r--- ~- ~ -_ . , -W PEACE PIPE RD i - --_ - ~ ,. _~~ i ~' _ ~ - _ ~ i ~ESQUt i E RIVER DR ~ Walgreerts ~. -~~---=~f.~W~~ p 1 ~ ~AKS r.== ~ . _ -- -` + ~ - W TWity PEAKS RD -_ €~ - [Y - - - = 1N OpYSSEY-~~~. a ___ _ ~ ~ Marano Shops ~~ ~ ~ .n W ~ Q ~ 1 Continental Ranch -~ ~ r W K~ ~ WJ __ _ __ __m _!/V DESERT SPJR(TS DR_ ~ ,~ COI1"1f11U111~ f afk~ .Z ~ L~ 7_ ~~~R J~ ~ YLUU(G1 L ~~.~ N-; ~ ~t}t1NIidG BEAR DR - - Z ~:' a~/it,T~ ~~~~FF, . N ~O ~ ~~ ~~ - I sa ~,~ Q y~,y _-__ __-~ ~ ~ _~j~~~ z ~ _ 6, . - -- W SUhAMER 5KY DR- _ +- ~ ~~ ~~O -- ~ ~ `Z' ~ 'i' - - _ At~f DR --l ~ ~00~~ A~ - - -N-~fERIDI RegUeSt o aoo soon. A request for final plat approval for afour-lot commercial subdivision on 5.1 acres. 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 arnvd conclusions dradwn from such information are the responsibility of the user. In no event shall The Town of Marano become liable to users of these da~~ou~a~~oun~i IVI~e{finny l~u ust~r,~~t, j~' ~ct,~~pee~p~i~r~t~l or consequential damages, including but not limited to time, money or goodwill, arising from the r~~ ~~~ P'LANNI~IU & >UNGI?,'I',~RIAvG AFk'I_,ICr~'1'It7N _, a..~- m~..~ _ _~ _- ___ _____ ~ -- - -. _. ..~.~. ~......~ ~ ~~~ ht~.+3t ~Pr1,fe.>> log' ~ryit,t~k une) iJ 1''iG1lIi11ltiiCy' i fYl! ~ 1'tlial I'liit i.i <a Cii~t'i1i Pi24ii. AiiieiiiiiiCiii u ~~<ti~lr7illii% O IJevelopment Plan {~ S 4b'PPP Q Landscape Flan O Native Plant Permit O Specific Plan Arnendn~ent O Conditional Ilse Permit (~ ReronatSpecifip Plait O Annexation Q Significant Land [Ise Ghanl;e d Minor Land 17ivisioti ~ ftiater Plan O Improvement Plan ~ ecif ~pe in Description of Pro,~eet box*) D Other _ r_-.~. ~_...~. _~_~ _.~ ~ . m.. _____..____~_. v._ ._. _ _~~ _~ __ V _ _ _. 2 Gf:Af~:EZAI,DA'6',t Rt_i)t~iltk;U Assessor's Parcel General Ptah Designation Number(s) ~~~ ~ ~~ - ~', ~ +~-~ ' To be confirmed b staff} Gross Area (AcrelSq. Ft.) , " ` Current zoning ~.t A c. ~ Z. Z.2 2.1 ~ ~-~ _(:To be confirmed by staf~~ DevelopntentJProjectNgme ""C'wG c c -i ~ ~ ~ K~~. ~-r+41~. Proposed zoning Project Location Q ~"~~l V.1 1~1 ~~. OPc' Q!~ Description of Projecf~ ~~~~ Propariy Owncr Street Address (v1 2a ~ ott_'~t.-Q c~fz-~~-~,..E. QoR-D City Stag l ip Code Phone Ntunber Fax Number E-11~Iai1 Address ~ttiLta Q h~ {~~' nn ~~ tt TJ ~~ O'"t" ~ ~~. - ~-i~ t { Contact Person Phone ~llnlber f ~-n5ff(1 ~t~-. ~, A-e-Y N ~.., ~ ~ ~ C~~~ 742- 2~ t S Applicant Street Address City State zip Code Phone Number Fay Number F.-wait Address Contact Person Phone Numtser IE-mail `~ AgantlIZepresentative ~ -~ .-- Street Address - City° ~~ ~ ~ State Zip Code Phane':~umber F~ i~;umber E-Mail Address Contact Person TaFVn of Matana Business License No. 3. .1GTIf(}I~I7, A'I'[F:) ~' {}F~ PROPt~;ffT1" (311 ti~h_li ~ - ~~~ ~~ _ ~, 'fy 1 p~ ion are true to the best of my knowledge and that I am either the ~I, the undersigned, certi~ that all of the facts set forth in this a> licat~~~ - ~~ ~~~ ~~~~~ ~ -. ~ ~~ ~ ~ owner of the propart}~ or il~at I have been authorized in writing by the o~~ner to file this application and checklist. (If not owner af, record, attach 4vritten authorization from d~~ owwner.) > i ~ ~P r . ,~.. e _ ~_ .,.,.. ~-- ,. I'rini Name df App icanYlAgent ~+ignature ~ Date 11555 ~~. Civic Curter Drivs?, Bldg, A2•Iyiarana, Az 85b53-7003•Telephone (520) 382-2COO~Fax {520} 382-2(41 Regular Council Meeting -August 18, 2009 -Page 95 of 225 OEDICATI_ON r n ^' _ 1B 1s WE IHE UNDTRSIGNED HERESY vVARRAN'T THAT WE ARE ALL AND THE ONLY ... 20 1 72 PARTICS HAVING ANY TITLE INTEREST IN THE LANG SHOWN DN THIS PLAT, ANG -~_ ~ ,_. L ~ ~ ~ ""' _ THIS 2 - WE JNSENI TO 7HC S 71 VISION OF SAID LAND IN THE MANNER SHOWN ~~ i -~ '- - -_ ECT ~ _ _ RQ~ HEREJN. WE HEREBY ucD1CAlE 70 lhE rG'rIM OF MARANA, PIMA COUNTY -. ~~ r_ ~, (,J _ NOR rNWEST fIRE RCSf OF OCPARTM / n CNT M RGENCY SERVI„ES AND IHE -"" ,. ~, a PUBLIO ALL RIOH7_' IY SHO AE_Ers DRAIN wN HEREON INCEUDINe ALE sTReErS, ~. c MAIN iFNANCC 01 JII ES AND SEMEN iS. UTILITY CASEMENTS AS St10WN _ " s, __ r „=50 HEREON ARE L n _ PJRI OSE OF INSTAIfATION ANO ~-- SCALE v OAO n r ' W RS. EX,.CUSIVE EAS£MEN I'S FOk IGWN ~~_~ i --- I. _. _ ~ H US 5 AS 990WN HEF N ARE HEREBY DEDICATED 7L iME TOWN OF MARANA. = A WE HE UNDERSIGNED GUR SUCCESSORS AND ASSIfNS, DO HEREBY SAVE y~ ~ ~~ ~ ~ '"` __ c PIMA ('OUNTY AND TUWN OF MARAIJA ITS SULC SSORS ANU ASSIGNS THEIR ~ ~ ~\" ~' J/~/ FOP DAMAGES RELATED TO THE USE LF SAIJ LANDS NGW AND IN illE r"UTURF ~ ^ C -_ BUILDING 5 o r:,I I '-7'1 ~ I soa s~ CMFREAS^N OFFF70CDING, DF OGWAGE EkO~ON',S OR DAMAGE CADUSED BYAWATER, ~ N ~~ I ~i I WHETHER SURFACE, FLOOD, DR RAINFAI L, 1715 FURTHER UNDERSTOOD AND U ~ ~,~ ~ .D I ~ ~ II E 210&75 ~ _2 nckEED 7HAT NANRAL U~4AINACE S;IALL NDT BE ALTERED, GISIJRBFD, OR U C~ 7 I -- 2 _-~ _ ~ ~-~7 OBSTRUCTED WITHOUT APPROVAL OF THE MARANA TOWN COUNCIL. W ~ ~ ~_ (<t qV." " ~ ~ _ ~ -oqa ~ti^. nn'c emLOINC N'• pEP~26t _- ~ n ,. - N LOCATION MAP SHARED USE OF EASEMCNTS, COMMON FACII (TICS, PRIVATE SEWCR TINES AND ~ O _5,180 SF RN Z _i - ~-~ 4 ~•= -- ' A A PO,4TION OF SC 'flt`~ 21, EnSFMCNT AGREEMENT RECORDED IN 00 KE'7'13fi U4 AI PAGE 276) IV THE ~O D G -_„ v OATIG N D AHFIESPSMAECO NTYSRECORB FRYCD BC.H ANDPEVERYGLO~ OWNERSS Q ~ ~ ~ RU LDING___~ ~ ,' , ` T 12- S, F 1Z G. WS R.M., ? ~ PIMA LFo,v aRlzdnla W, ~ ~ N O ~~ M ~ FFf 210989 ~ ~=J 3"=t M~~E iOVJ (`F MARANA e., i~ ~-- HIN THE sueDlwslDn snau nemF Br me Pnexwc ANO Ac~ESS -1 _ ~ EFlSEMENT AGR EMJJ' DOCUMENT W4'CH WILL DIL7A7 ALL RESPONSIBILITY V~ r~ pp „_ FOR THE OPERA iION ..ONTRO~ MAIN iFNANCE SAFETY AND LIABILITY OF IHE Z Y I 159600 5(a :: EASEMENTS, COMMON FAGILIIIES, PHIVA7'E SEWER LINES AND PARKING AREAS ~' ,. ,,, -_ I _ EIF 210900 Y/ITHIN THIS SUBOIVSIDN, AS SHOWN HEREON. l ,,.. \'• ~ ~ ~ :~--y_~~-_.~ ._ _~ UGENL WE, THE UNDEH57GNEU, HEREBY ESTABLISH A MUTUAL, NONEXCLUSIVE INGRESS, ~,- ""'~- EGRES$ UiILI rY ACCESS, PARKING, AND ST'ORMWA7ER URAINAGE EASEMENT IN SUft DIASION BOUNDARY L'.NE FAVOR OF IHE CURRENT AND FUTURE O'NNERS OF EACH RESPECTIVE LOT AND j ,~- _:....: BLOCK CREATED BY THIS PLAT FOR IFIE BLNEFlr OF THE CURRENT AND ~ ZONING LtI VISON FU TURF LOTS OWNERS AND THEIR TCNAN iS, CUSTOMCRS, INVITEES AND `" EMPLOYEES. UNTIL THE TOWN OF MARANA APPROVES A DEVELOPMENT PLAN -I{~ ''. }~ ~,~ O SURVEY MAFMGR FOR n LOT OF BLOCK, TNIS MUTUAL, NONEXCLUSIVE EASEMENT SHALL BE - - - r t - _...._ umprfwm AND snnu. nccaMMOOnrE RensaNABLE nvcRESS, EGRESS, unurr CERTIFICATION OF BOUNDARY SURVEY _.. ACCESS, PARKING, AND STORMWATER DRAINAGE BY AND FOR THE BENEFIT OF' I HEREBY CERTIFY THAT THE BOUNDARY SURVEY SHOWN ON THIS PLAT WAS LAND SE R J [XISTING BUrLDING IHE OTHER Lors ANO eLOCres u1 aN TowN or MAHava APPROVAL of A PERFaHMEO UNDER Mr DIRECnoN arlD IHA7 au ExisnNC AND~oR PROPOSrD CONTINENTAL RANCH DEVELOPMENT PLAN FOR A L07 OH BLOCK, THE MUTUAL, NONEXCLUSIVE SURVEY MONUMENTS AND MARKERS SHOWN ARE CORRECTLY DESCRIBED. COMMUNITY ASSOCIATION ~ GEN'cR AL ACCESS LOCATION EASEMENT SHALL BE IN THE LOCATION OF ALL AREAS OF 7HE LOT THAT ARE useu FoR THE PuRPOSCS of INGRESS, EGRESS, unurr access, PARKING, DKL 11004, PG. 2464 AND SIORMWAffR URAINAGE "-- --'- --- -- EXISTING CFlS[MFNT wA auio CARE, LEG: GENERAL NOTES PRO?aseD ensernENT 1. DEVELOPMENT STANDARDS PER THE "F" SPECIFIC PLAN, CANC USE DESIGNA 170N -------- SE~3ACK HY -__ ___ __,__ 'C` (COMMERCIAL). SIGNATURE EXISTING SIGN CJR INVESTMENTS: EDGAR 8. REYNOLpS REGISTEREp LAND SURVEYOR ND_ 31U31 7, GROSS AREn OF THIS SUBDIVISON - 5.10 ACRES (222,155 SF) EXISTING LIGHT er: TOWN O~RANA ACCEPTANCE 3. THE rornL NuMeER of Lors = FouR (4). ExlsTlnc eaL•.ARD sicNATURE - .. ACKNOWLEDGMENT _ BY~ 4. ToraL AREa GF uNDls7uaeED aPEN svncE = U.a AcRES (G s.F;. ~- - ExlsTlnc EocE of PnvEMENT smTF of nRVamn P. e. ______ Exlsnnc RIP aAP PAO }S S MARANA TOWN ENGIMCER/ DAIF 5. TOTAL MILES OF NEW PUBLIC SHREE rS ARE o.0 MILES. GDUNIY OF PIMA SUBDIVISION ENGINEER iO rAt IAILES OF NEW PRIVATE ROADS ARE D.G MILES. (NEW DEVELOPMENT CON51575 EN iIRELY OF PARKING LOT AREAS, NO NEW ROADS CON57RUC1E'D). ON THIS _ DnY OF _____.. _, 2009, BEFORE ME PERSONALLY APPEARED ,WHO ACKNOWLEDGED A.I. C. P. 6 MINIMUM LOT SIZE PRCVIDED = 0.53 Af.RES (73,087 SF) HIM/HERSELF TU eE IHE __ OFFICER OF .AND MARANA PLANNING DIRECTOR DALE AVERAGE LOr SIZE PROVIDED = 1.28 ACRES (55,7b7 SF) BEING AUTHORTZED 50 TO DD, EXCCU7ED THE FOREGOING INSTRUMENT FOR 711E 1 ,CLERK OF THE TOWN OF MARANA MAXIMUM LOT SIZE PROVIDED = 2.12 ACRES (92,347 SF) PURPOSE THEREIN_ HERESY CERTIFY 7HAT THIS PLAT WAS APPROVED BY THE TOWN AND COUNCIL OF THE TOWN OF MARANA ON THE DAY OF 2009. 7. MAXIMUM ALLOWABLE BUILDING HEIGHT IS 39 FEET, THREE STORIES 8. MINIMUM BUILDING SETBACKS: A DISTANCE EQUAL 70 SIXTY PERCENT (609) OF ____. _ - ---- BUILDING HEIGYi I; 9U7 NOr LESS THAN F'IFIEEN (15) FEET. MY COMMISSION EXPIRES NOTARY PUBLIC TOWN CLERK DA 7E ACKNOWLEDGMENT 9. MINIMUM PARKING HEOUIREMENTS: ONE (IJ WAGE PER TWO HUNDRED (200) __ __ _ PIMA.-.000NTY,APPROVALS SQUARE FEET of FLCaH AREA. s7A lE of ARrzaNA }Sg, ID. PARKING PROVISIONS cauN7r of PIMA PARCEE 1 = 9I WACfs PRaviofo SHEET INDEX PIMA COUN iY REGIONAL WASTEWATER pAiE PARCEL 2 = 39 SPACES PROVIDED 1. COVER SHEET GN THIS DAY OF 2009, BEFORE ME PERSONALLY RECLAMATION DEPARTMENT PARCEL 3 - 92 SPACES PROVIDED 2. PLAT IdAP APPEARED ,WHO ACKNOWLEDGED PARCEL 4 = 17 SPACES PROVIDED Hlld/HERSELF To BE THE OFFICER OF .AND SHARED USE GF PARKING ANO ACCESS AREAS SHALL BE AS CSTABLISHFO BY BEING AUTHORIZED SO TD D0, EXECUTED rHC FOREGOING INSTRUMENT FOR RIC IHE PARKING AND ACCESS EASEMENT AGREEMENT RECORDED IN DOCKET 73604, PURPOSE THEREm_ THIS sueDlvisloN ues wI7HIN AN AREA DESCNArm As HAVNG AN assuRED AT PACE z763 IN 7HE OFFICE of THE PrMA couNrr RECORDER TOWN OF MARANA CASE NUMBER: PRV•08007F WATER SUPPLY TOWN OF MARANA RELATED CASE NUMBERS: DPR-05042 17. IHE PROJECT SITE IS LOCATED M THE CONTINENTAL RANCH SPECIFIC FLAN LPR•05077 er AREA AND cuRREN>tr Is zaNEU "c" (coMMERCIAL). OWNER/DEVELOPER MY LOMMISSlCN EXPIRES NOTARY PUBLIC 12. NO FUR iHER L07 SPLITTING SHALL BE DONE WI iEIDUT THE WRITTEN APPROVAI. CJR INVESIIACN IS UTILITY DIRECTOR pATF OF iHF MARANA TOWN COUNCIf_ 10120 NGRIH ORACLE ROAD TOWN OF MARANFl NCSUN, ARIZONA 85704 RECORDING DATA 13 THE BASIS OF BEARINGS FUN In'IS R40JECT IS ME BEARING OF S'82'3G'2o"E nTTN.~ MR GARY NCWFELD, OWNCR FEE SCALE: 1~=50~ TEL /520)742-2611 sIATE of ARIZONA ~ CERTIFICATION OF PLAT ALOxc THE Soum RlcrrT-oF-war-uNr of TWIN PeAKS Raap, As stlowN oN > S. S. - THIS PI AT COUNTY of PIMA ~ NO._______ I HEREBY CER i1FY THni THL 100-YEAR FL 000 FRONE LIMITS AND EROSION FINAL PLAT fOP HAZARD SETBACKS WERE REVIEWED ANU SHOWN UNDER MY SUPERVISION. ! A PORADN Of 7HE SG ~ Of 7HE" NW ~ OF TWIN PEAKS RETAIL CENTER FURTHER CER IIFY IHAi PHIS PLAT WAS PREPARED UNDER MY DIRECTION SEC LION 21, T-17-$ R-12-F, f&SR.M, 1 HIS INSIRUMEN I' WAS FILED FDN kECORD A7 THE REQUEST OF TOWN OF MARANA, PIMA ClII/N1Y nRIZDNA, LOTS 1 THROUGH 4 ON TNIS' _____ UAY OF __________________, 2U09, AI _______M. KNOWN AS PARL'EL 226'-I1-849f. OVER SHF F~~I~ IN BOOK ________ OF MAPS nND PLA75 PT PAGE ________ THEREOF. F Arvly RoDRICUEZ ~ occ vRaFCT r,a: aaaoo,aza 4 _ __ ~, -__._. _ PIMA COUNTY RECORDER BY DEPUTY d .. DESIRN+CONSTRUC710N•CONSULTANTS H'n, -_--~- 1800-182-5348 2838 NOR4N COIlNTHY GI.US, SUITE 190 l ~o s,,,r ,. KEVIN M. HALL REGISTERED PROFESSIONAL ENGINEER (CIVIL TUCSON, ARIZONA eS7ib - ~ - ~ -~~~~ - Z "a i4Yxm.v. ae CERTIFICATE NUMBER 37624 PHONE: (531t)3994IBp FAX: (538)tl38-7b56 - - .,.~.~.,.,..,....w~,~.~m.m~.,.a,. BOOK _ PAGE- -~~ _ ~_ _ __ __ ~_ -~_ ~b , ~~ - OK PE~r< - --- _ ~ -___ - - - S RGAJ (PUBLIC Q~ . -__ ~- . - _ - _ _ _ - __ - = ~, 9496. rC 582 - r - - -_ _ -_z - - ._ r 300'x20 - ~ ~ -~_.• - -~_,u__ ~ .... - .~_ I Y i iL LAStMENL-,j - I - 1 ..~~' - Z'V T~ ~ \ m~ ~ _ _ _ _- ~ _-.. .._. _ ~ PL. 145/ - _ ._ __ -~ .~sreear2~eascmeN7 - °~~mcs - '- - 'i 11 J33~ PG 1452 " Nr P ~~~o _ ~ ~~u ~ _ -- 14/6 „ ' ERA I_ - __ - «.B' ~ ~ ~ ~ I F~ ~' ~ SET I/2 IP ~ ~ ~. ~ZS L 31 p { .. 'f _ ."may PARCEL 1 l ~ <! v `~ 65,713 SQ. Fi ~ '~ 1,-~~_ wct ~' 1_51 A~PE~ _ w~ w ~ ~ I /, ~~ ~ 3'6230'2~O,E -~ ~ ~ BUII.OING y5 ~~ ~i ~ , ~M. ~ r - ~. Y 3,5005Y' 3101 ""o' G ~ ,. ~~ I ~' FEE=7108.15 ~~ z~° ~ ~ ' ~ PARCEL 3 .~ I "'3sza' 39.a9' ~ ~ //~c J~ ~~ ~ ,IA, ~ _ 92,226 SQ. FF -J ~ ,~ I W ~~ ~ 198btr ~ _ ~ Z 12 ACRES ~a ° ~-°- ~ F- „~~~ i ~ ~%/~T I ~% ExiFrE~z aesa G w v c9" - 41P,~`R~eEL iG~ ~ ~ ~ '" ~ _ s. s C SQ ' l Il a1 so. rT ~ _~ ~ NR _ ~ ~~cRES ( I~NN~N~~~ b°O. NEW 1 {^U( - I rs,raa sF 0.95 ACRES / ! B ~ r MENi7 _.- ~ ~ , I~ir smE vARO la' rEP E MEN ~,` _ ~ '~-- ~~~ ~ _ _ ~~ ~ 1 _ _ ~ ! "~ ~ sEreacK PER ~ PER OH7. 42930 PG X43 I .. __ EXI58900 SILDING //2 ! ~ t e / - _ ~\ II 71115 FfAi V' ], 5' r ' FFE-210955 / P ^ 15311' ~ .~ -_, I I ` III SEi X .Oh E7Ei } ~" -7 6865 Q nn E ~ auirolNap3 ~ r ~e' 7` ~ ~ III O ~ 8,]00 S{ 787'S'yg~ FFE=2109.80 3d]] 1 J i DUNG 5 8" IP I x151.90' CU REL 4. _E r r W"~- - ^ FFE 21aAa0 I > OHl 111]3.` ~95I~ ~ ~ -.. fi 1 .~. 1' e_V5 ~ t,T.,f' `_~y---._.:~. 9U600VSFX4 h W ~1171i1I ® 14]9 ~ .. EASEMFGNT ~_ -3 I C ,mm ' --r---____/~ ~~ ~~ / / / a )) ~ ~ ; ~ M ~ ~ `gym ., _ .~ .:; I IIIE 15156'. ~`~ _ I fl ~ '/x1734"43° ~ _ - - ~~... _~` IS'R AN YAWS N9 0000 W-~ / m l~ E~ Iy 3 1 ~ 38411 ~ ~' ^~ ' ~ iR0 ~ __~r _SE7 X IM1 CONCRETE . j ~~ .SE rBALK PER 4012 / II LS 31031 1 'r, i 1 ixa iLER \is 3r ~ 59os rwsPUr _ /// l _ _ ~ i - - - - -- - ,auM,. - - - i' / / W - ~1 rs' Pueuc WATER ~ ~ ~ , ? ~ -- NlJ FABEMENi PCR 2 ,fi G cr<r mws, PG 13n LAND USE C nN n~ n9ri, r~ 44oa CONTINENTAL RANCH ~ ~ - - ~ COMMUNITY ASSOCIATION DKT. 11004, PG. 2464 - LIME TABLE - TOWN Of MARANA CASE NUMBER: PRV-09007E TOWN OF MARANA RELATED CASE NUMBERS: DPR-05022 LPR•O50T0 OWNER/DEVELOPER p r R INVesIMENrs ~~ ~ ¢ rm2o NaRm aRACte Roaa NC50N, ARIZONA 85104 ' SCALE: 1"'=30' ArrN~ MR cARr NnNFELO, awNER W reL: i5zo) r4z-zsn ~ FINAL PLAT for 1 70WrV OF MARANA P/MA CO!lN7Y, ARIZONA _ - E ~ A PaenoN of mesEOCC PRO6ecwNO,Gae.wo,a24 1'W]N PEAPKISA RMTAApL CENTER 20 21 O`SEC110N 21 r N 89'2]65 E 191.18' ry 79'47 ~}M6 ~ V ~84y A:PAR.I 226-7~-844E&S. R. M, N 4 --_- - ~ ~ ~~ 1 0 Giorv ev f21 `I 2 zo '' Q OESIGN•CONS7RUC710N•CONSUL7ANTS ~ ""-~~~-"""- 782.5348 i I ~ 2828 NORTH COUNTRY GS.UN, SUITE 100 ~ a~ ~s TUCSON, ARRONA 8S'Y14 - ~ -_ - - 2 PHONE: (520) 289-4484 FAX: (S29) 82bY8Sb ~~~~ ~"+ ~f a~ ~~n~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, August 18, 2009, 7:00:00 PM To: Mayor and Council Item C 10 From: T VanHook ,Community Development Director Strategic Plan Focus Area: Commerce, Community Building Subject: Resolution No. 2009-136: Relating to Community Development; approving and authorizing submission of an application for funding under the Transportation Investment Generating Economic Recovery Discussion: The Recovery Act was signed into law by President Obama on February 17, 2009 and allocated up to $1.5 billion for the United Stated Department of Transportation (DOT) to make grants on a competitive basis for capital investments in surface transportation infrastructure projects that will have a significant impact on the Nation, a metropolitan area, or a region. These funds will be distributed through discretionary grant funding under the Transportation Investment Generating Economic Recovery (TIGER) program. Eligible projects include highway or bridge projects, public transportation projects, passenger and freight rail transportation projects, and port infrastructure investments. The TIGER request for proposals outlines the following primary and secondary selection criteria. 1. Primary Selection Criteria (a) Long-Term Outcomes DOT will give priority to projects that have a significant impact on desirable long-term outcomes for the Nation, a metropolitan area, or a region. Applications that do not demonstrate a likelihood of significant long-term benefits in this criterion will not proceed in the evaluation process. The following types of long-term outcomes will be given priority: State of Good Repair: Improving the condition of existing transportation facilities and systems, with particular emphasis on projects that minimize life-cycle costs. Economic Competitiveness: Contributing to the economic competitiveness of the United States over the medium- to long-term. Livability: Improving the quality of living and working environments and the experience for people in communities across the United States. Sustainability: Improving energy efficiency, reducing dependence on oil, reducing greenhouse gas emissions and benefiting the environment. Regular Council Meeting -August 18, 2009 -Page 98 of 225 Safety: Improving the safety of U.S. transportation facilities and systems. (b) Job Creation & Economic Stimulus Consistent with the purposes of the Recovery Act, the Department will give priority to projects that are expected to quickly create and preserve jobs and stimulate rapid increases in economic activity, particularly jobs and activity that benefit economically distressed areas as defined by section 301 of the Public Works and Economic Development Act of 1965, as amended (42 U.S.C. 3161) ("Economically Distressed Areas"). 2. Secondary Selection Criteria (a) Innovation DOT will give priority to projects that use innovative strategies to pursue the long-term outcomes outlined above. (b) Partnership DOT will give priority to projects that demonstrate strong collaboration among a broad range of participants and/or integration of transportation with other public service efforts. Staff believe that the Tangerine Traffic Interchange redevelopment falls within the funding guidelines and would be eligible for Stimulus funding under the TIGER Program. Staff will work with the Arizona Department of Transportation and both private and public partners to design and develop to develop an application package to respond to the federal guidance and is requesting verification of the Town's commitment to the project. Financial Impact: This grant will request federal funding between $54,000,000 and $59,500,000 per final funding projections. There is no obligation for grant match funding if awarded. ATTACHMENTS: ''dame: I)escril~tion: Type: ~ TIGER_G_ ran_t_ ~plicatan_ Resolution FY 2010.doe Resolution Resolution Staff Recommendation: Staff recommends approval of Resolution No. 2009-136, authorizing the Town Manager to submit the grant application to the Department of Transportation under the TIGER program. Suggested Motion: I move to approve Resolution No. 2009-136, approving and authorizing submission of an application for funding under the Transportation Investment Generating Economic Recovery. Regular Council Meeting -August 18, 2009 -Page 99 of 225 MARANA RESOLUTION NO.2009-136 RELATING TO COMMUNITY DEVELOPMENT; APPROVING AND AUTHORIZING SUBMISSION OF AN APPLICATION FOR FUNDING UNDER THE TRANSPORTAT[ON INVESTMENT GENERATING ECONOMIC RECOVERY WHEREAS, the Recovery Act was signed into law by President Obama on February 17, 2009 and allocates up to $1.5 billon to the United Stated Department of Transportation (DOT) to make grants on a competitive basis for capital investments in surface transportation infrastructure projects that will have a significant impact on the Nation, a metropolitan area, or a region; and WHEREAS, DOT has developed the Transportation Investment Generating Economic Recovery (TIGER) grant program to distribute these funds; and WHEREAS, projects eligible for funding provided under this program include, but are not limited to, highway or bridge projects, public transportation projects, passenger and freight rail transportation projects, and port infrastructure investments; and WHEREAS, the Town of Marana has been working with the Arizona Department of Transportation, and both private and public partners to design and develop the Tangerine Traffic Interchange; and WHEREAS, the Town of Marana feel that the Tangerine Traffic Interchange meets the funding criteria set forth under the TIGER program and wishes to submit and application for funding. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Town Manager is authorized to submit the grant application to the Department of Transportation under the TIGER program. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 18t" 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 18, 2009 -Page 100 of 225 fF - ( -R` 4^~ Illy 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, August 18, 2009, 7:00:00 PM To: Mayor and Council Item C 11 From: T VanHook ,Community Development Director Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2009-137;__Relating to the Capital Improvement Program; approving and authorizing funding to support the design, environmental assessment, and permitting for the Tangerine Traffic Interchange Discussion: The replacement Tangerine Traffic Interchange (TI) will be located on Interstate 10 at Tangerine Road (Mile Post 239). The project combines regional roadway, utility, and drainage improvements in a core area of Marana. The project brings together property owners, local agencies, private utilities, Pima Association of Governments, Union Pacific Railroad, Central Arizona Water Conservation District, the Arizona Department of Transportation, and the Federal Highway Administration to create a unique public/private infrastructure investment in the future of Arizona. The proposed improvement will include the following: 1) A new traffic interchange with I-10 consisting of a bridge over I-10 and widening of the existing Tangerine Road overpass. 2) A bridge structure for new Tangerine Road spanning the Union Pacific Railroad tracks eliminating the at-grade crossing located on the northeast side of I-10. 3) A bridge structure for Tangerine Road spanning a future commercial road located on the southwest side of I-10. 4) Re-alignment of Tangerine Road on the northeast side of I-10 to connect the new TI with Tangerine Road to the east. 5) New Tangerine Road alignment intersecting with Tangerine Farms Road to the west. 6) A new arterial road (Adonis Road) alignment east of the new TI to intersect with New Tangerine Road and act as an alternative route to I-10 in the future. 7) Re-alignment of Tangerine Farms Road to connect with Adonis Road. 8) Reconfiguring the existing Tangerine TI to be used as a local overpass by eliminating the existing ramps to allow separation of local circulation and regional trips. Regular Council Meeting -August 18, 2009 -Page 101 of 225 9) Regional drainage improvements through the project area. 10) Mechanically Stabilized Embankments (MSE) along the east and west frontage roads and new Tangerine Road. 11) Signalizing five intersections for safety and traffic circulation and improvements to two other existing signals in the project footprint. 12) Multi-modal access with wide shoulders/bike paths, continuous sidewalks through the entire project, street lighting along the whole project, landscaping, aesthetic treatments on the MSE and bridge structures, and aesthetic fencing. With design documents 95% complete and the Arizona Department of Transportation (ADOT) having approved the Design Concept Report, final Change of Access Report, and Categorical Exclusion for environmental clearance, the Tangerine TI is shovel-ready and poised to take advantage of federal stimulus dollars. Development plans, design, engineering, and environmental work for the Tangerine TI were completed to the current stage using a combination of private and public funding. Up to $200,000 in Town of Marana funds may be needed to ensure that the project reaches an appropriated readiness status to take advantage of federal funding opportunities. Financial Impact: Funding for the Tangerine TI may come from the General Fund, Transportation Fund, or other funding source. ATTACHMENTS: Dante: I:~es~:~°~ptic~n, "l"yl?e: D TIGER Funding Resolution FY 2010.doc Resr~luiion Resolution Staff Recommendation: Staff recommends approval of Resolution No. 2009-137, authorizing the Town Manager to increase the amount allocated to support design, environmental assessment, and readiness related activities for the Tangerine Traffic Interchange from $100,000 to $200,000. Suggested Motion: I move to approve Resolution No. 2009-137, authorizing the Town Manager to increase the amount allocated to support design, environmental assessment, and readiness related activities for the Tangerine Traffic Interchange from $100,000 to $200,000. Regular Council Meeting -August 18, 2009 -Page 102 of 225 MARANA RESOLUTION N0.2009-137 RELATING TO CAPITAL IMPROVEMENT PROGRAM; APPROVING AND AUTHORIZING FUNDING TO SUPPORT THE DESIGN, ENVIRONMENTAL ASSESSMENT, AND PERMITTING FOR THE TANGERINE TRAFFIC INTERCHANGE WHEREAS, the Tangerine Traffic Interchange (TI) replacement project combines regional roadway, utility, and drainage improvements in a core area of the Town of Marana; and WHEREAS, the Tangerine TI project is designed to stimulate responsible economic growth, foster connectivity through multimodal transportation, and reduce the impacts of vehicular traffic on the fragile Sonoran Desert environment; and WHEREAS, the Arizona Department of Transportation (ADOT) has approved the Design Concept Report, final Change of Access Report, and Categorical Exclusion for environmental clearance on the Tangerine TI; and WHEREAS, the Town of Marana has been working with ADOT, and both private and public partners to design and develop the Tangerine Traffic Interchange; and WHEREAS, the Town of Marana feel that the Tangerine Traffic Interchange meets the funding criteria set forth under the U.S. Department of Transportation's TIGER program and maybe eligible for federal Stimulus funding ;and WHEREAS, some additional funding from the General Funding, Transportation Fund, or other appropriate source may be needed to complete required studies, environmental assessments, and/or design to bring to ready status. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Town Manager is authorized to increase the amount allocated to support design, environmental assessment, and readiness related activities for the Tangerine Traffic Interchange from $100,000 to an amount not to exceed $200,000. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 18a' day of August, 2009. ATTEST: Mayor Ed Honea APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -August 18, 2009 -Page 103 of 225 ~~~~ -:~.~ ~> -.a.~. 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, August 18, 2009, 7:00:00 PM To: Mayor and Council From: Erik Montague ,Finance Director Strategic Plan Focus Area: Commerce, Community Building, Heritage, Progress and Innovation, Recreation Item C 12 Subject: Resolution No. 2009-138: Relating to Administration; approving fiscal year 2009-2010 budget adjustments Discussion: The Town Council adopted the fiscal year 2009-2010 budget on June 23, 2009. The adopted budget set the legal level of budgetary control for the Town at the department level for the General Fund and at the fund level for all other funds. Several significant changes to the organizational structure were made subsequent to the adoption of the final budget. All costs associated with these changes were included in the final budget. However, certain organizational units that were previously treated as separate departments are now incorporated under one department under the new organizational structure. For example, the Public Works Department within the General Fund now incorporates Capital Improvements, Streets, Community Response, Facilities and Fleet Management. The Airport, which is now also part of Public Works, is a separate enterprise fund. These changes require the reallocation of existing resources between the impacted departments. Budget adjustments that move expenditure authority between departments in the General Fund or between funds for all other funds require Council approval. A summary of budget adjustments and detailed listing of authorized strength (FTE) are attached to this item. Financial Impact: This item only reallocates existing resources to the appropriate organizational units. ATTACHMENTS: N3m~: ~ 2010 Budget Adjustments Resolution (0{1016123).DUC ~ Exhibi# A_ Su€nmary_of Budget Changes.pdf ~ Tovrn of_Marana_Qrg Charts.pdf Description: Resa approving EY 2010 f3utlget Reallocation Exhibit A to Resa -Summary of Changes FY2~t1C} To~,vn-witfe f}rganizational Ctrarls T~~pe: Resolution Exhibit i3ackup Material Regular Council Meeting -August 18, 2009 -Page 104 of 225 ~ FY201Q_Detaiied_Authorized ... Strength iwistng.pdf E-Y2010 Authorised Strength Listing Backup ateriai Staff Recommendation: Staff recommends approval of Resolution 2009-138, approving the fiscal year 2009-2010 budget adjustments related to the organizational restructuring. Suggested Motion: I move to approvet Resolution No. 2009-138, approving the fiscal year 2009-2010 budget adjustments related to the organizational restructuring. Regular Council Meeting -August 18, 2009 -Page 105 of 225 MARANA RESOLUTION N0.2009-138 RELATING TO ADMINISTRATION; APPROVING FISCAL YEAR 2009-2010 BUDGET ADJUSTMENTS WHEREAS, on June 23, 2009, the Council adopted the fiscal year 2009-2010 budget and overall financial plan which set the legal level of budgetary control at the department level for the General Fund and at the fund level for all other funds; and WHEREAS reallocations of budgetary amounts between departments in the General Fund and between funds for all other funds are necessary from time to time; and WHEREAS the Council finds that the reallocations addressed by this resolution are in the best interests of the Town of Marana and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the budgetary adjustments attached to this resolution as Exhibit A and incorporated here by this reference are hereby approved. BE IT FURTHER RESOLVED THAT 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 18th day of August, 2009. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regula6~~s~' ~~ti~ -August 18, 2009 -Page 106 of 225 Town of Marana FY 2010 Budget Adjustments Due to Reorganization Exhibit A nges in Adopted Budget due to Reorganization Adopted Adjusted Difference Non-departmental $ 3,144,082 $ 3,144,082 $ - Mayorand Council 239,882 239,882 - Town Clerk 232,008 232,008 - Town Manager 1,030,734 1,266,362 235,628 Human Resources 478,610 478,610 - Finance 697,444 697,444 - Legal 796,490 796,490 - Public Information Office 87,628 - (87,628) Economic Development Office 148,000 - (148,000) ITechnolgy Services 1,707,122 1,707,122 - Development Services Admin 803,315 803,315 Engineering 1,536,853 1,626,223 89,370 Planning 919,758 624,602 (295,156) Permits & Records Center 421,002 505,592 84,590 Building Safety 835,385 - (835,385) Courts 990,272 990,272 - Public Service Administration - 444,815 444,815 Public Works - 2,254,224 2,254,224 Operations & Maintenance 1,467,568 - (1,467,568) Capital Improvement Division 1,078,205 - (1,078,205) Community Development 223,716 223,716 - Police 9,327,869 9,327,869 - Parks and Recreation 3,702,695 3,702,695 - Capital Outlay 1,407,353 1,407,353 - $ 30,472,676 $ 30,472,676 $ - Public Information Office included in Manager's Office Moved costs to Manager's Office Moved costs to Manager's Office Personnel moved from Planning and Building Safety 1 FTE retired; 4.5 moved from Planning Personnel moved to Engineering and Permits Personnel moved in from Planning Personnel moved to Permits Center, Engineering and DS Admin Personnel moved from CIP and O&M Moved to Public Works Moved to Public Works Regular Council Meeting -August 18, 2009 -Page 107 of 225 Town of Marana ~" " " ~~^~ Citizens ~~ H ~~~~~ Mayor & Council Town Manager Assistant Town Manager General Manager Development Services Human Resources~l--I II Police Finance Legal Engineering Planning Technology Town Clerk Services Parks & Permits & Reco Recreation Center Town Magistrate/Courts General Manager Public Services Public Works Utilities Community Development Regular Council Meeting -August 18, 2009 -Page 108 of 225 ~~ r ~.1 ~~~~~~ ~`~~l Assistant Town Manager (1 Community Relations/ Public Information Officer PIO (1; Town Manager's Office Organizational Chart Town Manager (1 Intergovernmental Affairs Administrator (1) Assistant to the Town Manager Council Liaison (1) (1 Senior AdministrativE Manager (1 Customer Service Specialist (2.03) Reproduction/ Supply Clerk (1) Mail Carrier/Courie (.75) Regular Council Meeting -August 18, 2009 -Page 109 of 225 ~~ ~~~~~f=i ~~~~ Court Organizational Chart Regular Council Meeting -August 18, 2009 -Page 110 of 225 Executive Assistant Engineering Division Manager (1 Civil Engineer (1 Engineering Technician (2 Project Coordinato (1 ~loyee in WI as of 8/1/09 ~~~\ I~IARAN` A ~'~/ ! Town Engineer (1 Development Services Organizational Chart Development Services xecu ive General Manager (1j Assistant (1 Engineering Traffic Division Division Mana er Mana er Assistant Planning 9 9 Building Official ( ( Director (.3 ..................I 1 1 (1 , E ~ ~ Permits Center & { i Records Manager [ (1 I Chief Building j Planner II Inspector ----~ Environmental Traffic Engineer (2 'roject Coordinator (1 j Senior Plans (7j (2 Examiner (1 ~ Development S Code Enforcement Coordinator Planner I Officer - (2 _ { En ineerin (4 f (2 9 9 Plans Examiner Technician (1 5 (1 Building Inspector II Customer Service ~ (2 -- Specialist (1.3 Engineering Aide Plans Review (1) Technician I (2 i Document Imaging Building Inspect (11 ~ Clerk (1) i Plans Examiner Permit Permit Clerk Regular Council Meeting -August 18, 2009 -Page 111 of 225 - Finance Organizational Chart r ~Z~ ~~~~i ~~ ~~~ Finance Director (1) Finance Manager Payroll Purchasing (1 Administrator Coordinator (1) (1 Senior Accountant Accounting Clerk II (1) (1 Management & Budget Analyst (1 Accounts Payable Clerk Administrative Secretary Regular Council Meeting -August 18, 2009 -Page 112 of 225 MA~~~IA .I(~~ Human Recources Organizational Chart Regular Council Meeting -August 18, 2009 -Page 113 of 225 Legal Organizational Chart Regular Council Meeting -August 18, 2009 -Page 114 of 225 /~ ~~ '~~,~] /4 Curation Speci 1~1N1/~ ! Superintendent (1) Recreation (1 I I Recreation (1 Coordinator Coordinator Recreation Programmer Recreation Programmer (1) Recreation Assistant (7.5) Recreation Assistant Parks & Recreation Organizational Chart Parks & Recreation Director Exe (1) Recreation Recreation Coordinator Coordinator (1 (1 Recreation Programmer (1) Recreation Leader (1 Recreation Assistant (1.5) Recreation Center Attendant (1 Office Support Assistant (1) Superintendent (1 Recreation Coordinator Special Events Coordinator (1 (1) Parks Supervisor (1 Foreman (1 Maintenance Worker (11 Laborer (4 Regular Council Meeting -August 18, 2009 -Page 115 of 225 ~~ Police Department Organizational Chart rf~ti' ~~~~~~ Chief of Police Administrative Sergeant - IA ----- Manager ti~~ i ~ 0 Police Officer VIPS _; (1 € f _.__. ~._...._........___.__._. r _ __. __ Police Police Lieutenant Administrative Telecommunications Police Lieutenant Operations -- -- Secretary Police Lieutenant Mana er Logistics/Support for (1) (1) 9 1 Administration Operations Police Records (1) 1 ----------------- ______ __ ~__ _~______....------z Supervisor ( (1 i o ice ~ 9 1 g 1 g 1 Telecommunications Training Sergeant Ser eant Ser eant Ser eant Ser eant-CIU Supervisor (.5 ~ ( ( ( (1 Police Records 1 Clerk ~ E (7 i Ser eant Ser eant Ser eant Ser eant Homeland Security Crime Analyst 9 (1 g (1 9 (1 9 (1 Sergeant (1) j Dispatcher (.5 ~ (13) i Police Officer ; Police Officer Police Officer Detective Crime Prevention (8 (8) (8 (5 Police Officer/ Policies & Recruit. Specialist -- S SRO SergeanUSRO 1 () ~ Police Officer Police Officer Police Officer (1 (.5 Police Officer (g) (9) (8) (8 I Police Officer I nme cene (3 °'' Property & Evidence Supervisor 1 Crime Scene Specialist (2 Regular Council Meeting -August 18, 2009 -Page 116 of 225 ~t MAR A ~ A Contracts Analyst Contract ~\/'1 l"1 (1 Administrator /l\ `1 Public Services Organizational Chart Public Services enior General Manager Administrative (1) Assistant Offce Support Customer Service Assistant Specialist (.5) (.~ Development Airport Director Administrative Assistant Public Project Control Director (1 Secretary Works Director Specialist (.75 (1 (1 f 3 Grants & Housing 3 Executive Assistant ___.___~ ____ -._.___._._..... Coordinator (1) Construction Engineering (1 ' Division Manager Division Manager ...1 (1 (1 ousing ' Rehabilitation ~ Construction Senior Maintenar Specialist Manager (2) Project Manager Worker 1 Acceptance (2 Inspector ( ; (1) i Maintenance Right of Way Engineering j Worker Inspector - Construction Technician (1 Inspector (.85) ~ :ngineering Assistant Employee in WRAP as of 6/20/09 (1 Public Works Director (1 Superintendent Response Manager Fore man (1 Signs & Markings Technician ' (2 Maintenance Coordinator (1 Signal Technician III () 1 -' Inmate Services Coordinator _........ ` (2 laborer rc Signal Technician II (1 Executive Assistant Utilities Director (1 Laborer Facilities & Fleet >ervices Manages (1 Foreman (1 Fleet Technician II (2) ea mg, en i a mg 8 Air Conditioning Technician 1 Fleet Technician I (1 Laborer (1 Small Engine Mechanic (1 Regular Council Meeting -August 18, 2009 -Page 117 of 225 ~" ~~~ Utilities Organizational Chart ~A-I~A~lA w. ~~~~ -- Utilities Director (1) Regular Council Meeting -August 18, 2009 -Page 118 of 225 ,r_~-~~` ~~~~~~ ~~ Technology Supervisor (1 Pub Safety Tech. Specialist (1 Computer Technician Technology Services Organizational Chart Technology Supervisor (1 Technology Services Director (11 Technology Supervisor (1 Utilities Technology Database Analyst Analyst ~1 ~ (1) etwork Technician (1 (1~I I Software Engineer (1 GIS Analyst (1 Assistant (1; Regular Council Meeting -August 18, 2009 -Page 119 of 225 Town Clerk Organizational Chart r.. ~~~, I'Y lf-~1~~~~ ~! Regular Council Meeting -August 18, 2009 -Page 120 of 225 TOWN OF MARANA Authorized Strength Fiscal Year 2010 2009 2009 2010 Adopted Amended Adopted TOWN CLERK Town Clerk 1.00 1.00 1.00 Deputy Town Clerk 1.00 1.00 1.00 Agenda & Records Clerk 1.00 1.00 1.00 Town Clerk Total 3.00 3.00 3.00 TOWN MANAGER Town Manager 1.00 1.00 1.00 Assistant Town Manager 1.00 1.00 1.00 Deputy Town Manager 1.00 0.00 0.00 Intergovernmental Affairs Administrator 1.00 1.00 1.00 Assistant to the Town Manager 1.00 1.00 1.00 Senior Administrative Manager 1.00 1.00 1.00 Council Liaison 0.00 1.00 1.00 Administrative Secretary 0.63 1.63 0.00 Mail Carrier/Courier 0.75 0.75 0.75 Reproduction/Supply Clerk 1.00 1.00 1.00 Customer Service Specialist 2.63 2.63 2.03 Community Events & Program Manager 1.00 0.00 0.00 Community Relations/PIO 1.00 1.00 1.00 Economic Development Administrator 1.00 1.00 0.00 Town Manager Total 14.00 14.00 10.78 HUMAN RESOURCES Human Resources Director 1.00 1.00 1.00 Employee Relations Administrator 0.00 1.00 1.00 Sr. Human Resouces Analyst 1.00 1.00 1.00 Human Resources Analyst 2.00 2.00 1.00 Human Resources Coordinator 1.00 1.00 1.00 Human Resouces Technician 1.00 1.00 0.00 Risk Management & Safety Coordinator 1.00 0.00 0.00 Total Human Resources 7.00 7.00 5.00 FINANCE Finance Director 1.00 1.00 1.00 Finance Manager 0.00 0.00 1.00 Accounting Supervisor 1.00 1.00 0.00 Management & Budget Analyst 1.00 1.00 1.00 Regular Council Meeting -August 18, 2009 -Page 121 of 225 page 1 of 9 TOWN OF MARANA Authorized Strength Fiscal Year 2010 2009 2009 2010 Adopted Amended Adopted Payroll Administrator 1.00 1.00 1.00 Purchasing Coordinator 1.00 1.00 1.00 Senior Accountant 1.00 1.00 1.00 Accounting Clerk II 1.00 1.00 1.00 Accounts Payable Clerk 0.75 0.75 0.75 Administrative Secretary 0.00 0.00 0.63 Total Finance 7.75 7.75 8.38 LEGAL Town Attorney 1.00 1.00 1.00 Deputy Town Attorney 1.00 1.00 1.00 Town Attorney, Senior Assistant 1.00 1.00 1.00 Town Attorney, Assistant 1.00 1.00 1.00 Legal Assistant 1.00 1.00 1.00 Administrative Manager 1.00 1.00 1.00 Real Property Acquisition Agent 2.00 2.00 1.60 Office Support Assistant 1.00 1.00 1.00 Total Legal Department 9.00 9.00 8.60 TECHNOLOGY SERVICES Technology Services Director 1.00 1.00 1.00 Network Technician 2.00 2.00 1.00 Technology Supervisor 1.00 2.00 3.00 Utilities Technology Analyst 1.00 1.00 1.00 Computer Technician 1.00 1.00 1.00 Public Safety Technology Specialist 1.00 1.00 1.00 GIS Analyst 1.00 1.00 1.00 Database Analyst 2.00 2.00 1.00 Software Engineer 1.00 1.00 1.00 Executive Assistant 1.00 1.00 1.00 Total Technology Services 12.00 13.00 12.00 Regular Council Meeting -August 18, 2009 -Page 122 of 225 page 2 of 9 TOWN OF MARANA Authorized Strength Fiscal Year 2010 2009 2009 2010 Adopted Amended Adopted DEVELOPMENT SERVICES Development Services Administration Development Services General Manager 0.00 1.00 1.00 Executive Assistant 0.00 0.00 1.00 Building Official 1.00 1.00 0.30 Chief Building Inspector 0.00 0.00 0.70 Senior Plans Examiner 2.00 2.00 0.00 Plans Examiner 0.50 0.50 0.50 Building Inspector II 2.00 2.00 2.00 Building Inspector I 4.00 4.00 1.00 Code Enforcement Officer 0.00 0.00 2.00 Senior Permit Clerk 1.00 0.00 0.00 Permit Clerk 3.00 0.00 0.00 Executive Assistant 1.00 1.00 0.00 Development Services Administration 14.50 11.50 8.50 Engineering Town Engineer 0.00 1.00 1.00 Cultural Resource Manager 0.00 1.00 1.00 Engineering Division Manager 0.00 3.00 2.00 Traffic Division Manager 0.00 0.00 1.00 Traffic Engineer 0.00 1.00 1.00 Civil Engineer 0.00 1.00 1.00 Environmental Project Coordinator 0.00 2.00 2.00 Engineering Technician 0.00 3.00 3.00 Project Coordinator 0.00 1.00 1.00 Engineering Aide 0.00 2.00 2.00 Senior Plans Examiner 0.00 0.00 1.00 Plans Examiner 1.50 1.50 1.50 Plans Review Technician 3.00 3.00 2.00 Senior Administrative Assistant 0.00 0.50 0.00 Executive Assistant 0.00 0.00 1.00 Office Support Assistant 0.00 0.50 0.00 Total Engineering 4.50 20.50 20.50 Regular Council Meeting -August 18, 2009 -Page 123 of 225 page 3 of 9 TOWN OF MARANA Authorized Strength Fiscal Year 2010 2009 2009 2010 Adopted Amended Adopted Planning Planning Director 1.00 0.00 0.00 Assistant Planning Director 1.00 1.00 1.00 Planner III 1.00 1.00 0.00 Planner II 2.00 2.00 2.00 Planner I 4.00 4.00 4.00 Code Enforcement Inspector 2.00 2.00 0.00 Project & Fee Technician 1.00 0.00 0.00 Development Coordinator 2.00 2.00 0.00 Total Planning Department 15.00 13.00 7.00 Permits 8 Records Center Permits Center & Records Manager 1.00 1.00 1.00 Senior Permit Clerk 0.00 1.00 1.00 Development Coordinator 0.00 0.00 2.00 Permit Clerk 0.00 3.00 3.00 Document Imaging Clerk 1.75 1.75 1.00 Customer Service Specialist 1.25 1.25 1.13 Admin Asst to the Deputy Town Mgr 1.00 0.00 0.00 Total Records & Permit Center 5.00 8.00 9.13 TOTAL FOR DEVELOPMENT SERVICES 39.00 53.00 45.13 PUBLIC SERVICES Public Services Administration Public Services General Manager 0.00 1.00 1.00 Contracts Administrator 0.00 0.00 1.00 Contract Analyst 0.00 0.00 1.00 Operations & Maintenance Director 1.00 1.00 0.00 Maintenance Inspector 1.00 1.00 0.00 Executive Assistant 1.00 1.00 0.00 Customer Service Clerk 1.00 1.00 0.00 Customer Service Specialist 0.33 0.33 0.00 Senior Administrative Assistant 0.00 0.00 1.00 Customer Service Specialist 0.00 0.00 0.50 Office Support Assistant 0.00 0.00 0.50 Total Public Services Administration 4.33 5.33 5.00 Regular Council Meeting -August 18, 2009 -Page 124 of 225 page 4 of 9 TOWN OF MARANA Authorized Strength Fiscal Year 2010 2009 2009 2010 Adopted Amended Adopted Public Works Public Works Director 1.00 0.00 1.00 Executive Assistant 0.00 0.00 1.00 Total Public Works 1.00 0.00 2.00 Capital Improvements Assistant Public Works Director 1.00 1.00 1.00 Construction Division Manager 1.00 1.00 1.00 Enginering Division Manager 1.00 1.00 1.00 Construction Manager 2.00 2.00 2.00 Construction Inspector 3.00 3.00 2.00 Right of Way Inspector 1.00 1.00 1.00 Acceptancelnspector 0.00 0.00 1.00 Project Control Specialist 1.00 1.00 1.00 Engineering Technician 4.00 2.00 0.85 Project Manager 2.00 1.00 2.00 Contract Analyst 1.00 1.00 0.00 Contracts Administrator 1.00 1.00 0.00 Engineering Assistant 1.00 1.00 1.00 Administrative Secretary 0.00 0.00 0.75 Senior Administrative Assistant 1.00 0.50 0.00 Office Support Assistant 1.00 0.50 0.00 Office Support Clerk 1.00 0.00 0.00 Town Engineer 1.00 0.00 0.00 Utilities Coordinator 1.00. 1.00 0.00 Planning and Development Project Coordinator 1.00 0.00 0.00 Traffic Division Manager 1.00 0.00 0.00 Traffic Engineer 1.00 0.00 0.00 Traffic Engineering Technician 1.00 0.00 0.00 Engineering Aide 2.00 0.00 0.00 Civil Engineer 1.00 0.00 0.00 Environmental Engineering Manager 1.00 0.00 0.00 Cultural Resource Manager 1.00 0.00 0.00 Environmental Project Coordinator 2.00 0.00 0.00 Subdivision Engineer 1.00 0.00 0.00 Total Capital Improvements 36.00 18.00 14.60 Regular Council Meeting -August 18, 2009 -Page 125 of 225 page 5 of 9 TOWN OF MARANA Authorized Strength Fiscal Year 2010 2009 2009 2010 Adopted Amended Adopted Streets Superintendent 1.00 1.00 1.00 Foreman 1.00 1.00 1.00 Signal Technician III 1.00 1.00 1.00 Signal Technician II 1.00 1.00 1.00 Signs & Markings Technician 3.00 3.00 2.00 Maintenance Worker 3.00 3.00 3.00 Laborer 5.00 5.00 6.00 Streets Total 15.00 15.00 15.00 Community Response Community Response Manager 1.00 1.00 1.00 Inmate Services Coordinator 2.00 2.00 2.00 Senior Maintenance Worker 4.00 4.00 4.00 Maintenance Coordinator 0.00 0.00 1.00 Laborer 1.00 1.00 1.00 Community Response Total 8.00 8.00 9.00 Facilities & Fleet Facilities & Fleet Services Manager 1.00 1.00 1.00 Facilities Maintenance Supervisor 1.00 1.00 0.00 Foreman 1.00 1.00 1.00 Fleet Supervisor 0.00 0.00 0.00 Fleet Technician II 2.00 2.00 2.00 Fleet Technician I 1.00 1.00 1.00 Heating, Ventilation and Air Conditioning (HVAC) Technician 1.00 1.00 1.00 Small Engine Mechanic 1:00 1.00 1.00 Laborer 1.00 1.00 1.00 Facilities & Fleet Total 9.00 9.00 8.00 Airport Operations Airport Director 1.00 1.00 1.00 Maintenance Worker 1.00 1.00 0.00 Executive Assistant 1.00 1.00 1.00 Total Airport Operations 3.00 3.00 2.00 Regular Council Meeting -August 18, 2009 -Page 126 of 225 page 6 of 9 TOWN OF MARANA Authorized Strength Fiscal Year 2010 2009 2009 2010 Adopted Amended Adopted Utilities Utilities Director 1.00 1.00 1.00 Deputy Director 1.00 1.00 0.00 Utilities Operations Manager 1.00 1 00 1.00 Superintendent 1.00 1.00 1.00 Foreman 1.00 1.00 1.00 Water Line Construction Inspector 2.00 2.00 1.00 Waterline Inspector/Plan Reviewer 0.00 0.00 1.00 Electrical Pump & Well Technician 1.00 1.00 1.00 Water Operator I 4.00 4.00 5.00 Civil Engineer 0.00 0.00 1.00 Water Backflow Specialist 0.50 0.50 1.00 GIS Analyst 1.00 1.00 0.00 Utility Billing Specialist 0.00 0.00 1.40 Maintenance Worker 2.00 2.00 0.00 Utilities Technology Coordinator 1.00 1.00 1.00 Customer Service Specialist 0.34 0.34 1.00 Customer Service Clerk 2.00 2.00 0.00 Total Utilities 18.84 18.84 17.40 Community Development Community Development Director 1.00 1.00 1.00 Grants & Housing Coordinator 1.00 1.00 1.00 Housing Rehabilitation Specialist 1.00 1.00 1.00 Total Community Development 3.00 3.00 3.00 TOTAL FOR PUBLIC SERVICES POLICE Chief of Police Assistant Chief of Police Police Commander Police Lieutenant Sergeant Detective Police Officer Police Telecommunications Manager Po-ice Records Supervisor 98.17 80.17 76.00 1.00 1.00 1.00 1.00 1.00 0.00 0.00 1.00 0.00 6.00 4.00 3.00 9.00 9.00 10.00 15.00 15.00 5.00 52.00 52.00 62.00 1.00 1.00 1.00 1.00 1.00 1.00 Regular Council Meeting -August 18, 2009 -Page 127 of 225 page 7 of 9 TOWN OF MARANA Authorized Strength Fiscal Year 2010 2009 2009 2010 Adopted Amended Adopted Police Telecommunications Supervisor 0.00 1.00 1.00 Dispatcher 12.00 13.00 13.00 Police Records Clerk 8.00 8.00 7.00 Crime Scene/Property & Evidence Supervisor 1.00 1.00 1.00 Crime Analyst 1.00 1.00 1.00 Crime Scene Specialist 2.00 2.00 2.00 Crime Prevention Specialist 1.00 1.00 1.00 Administrative Manager 1.00 1.00 1.00 Administrative Secretary 1.00 1.00 1.00 Transcriptionist 0.00 0.00 0.00 Customer Service Support 0.33 0.33 0.00 Office Support Assistant 0.00 0.00 0.00 Executive Assistant 0.00 0.00 0.00 Total Police Department 113.33 114.33 111.00 COURTS Town Magistrate 1.00 1.00 1.00 Executive Assistant 1.00 1.00 1.00 Court Administrator 1.00 1.00 1.00 Court Probation Monitor 1.00 1.00 1.00 Court Security Guard 2.00 2.00 2.00 Court Collections Specialist 1.00 1.00 1.00 Court Supervisor 1.00 1.00 1.00 Courtroom Specialist 1.00 1.00 1.00 Court Room Clerk 0.00 0.00 0.00 Court Clerk 4.00 4.00 4.00 Total Courts 13.00 13.00 13.00 PARKS 8~ RECREATION Parks -Administration Parks and Recreation Director 1.00 1.00 1.00 Curation Specialist 1.00 1.00 0.50 Special Events Coordinator 0.00 0.00 1.00 Executive Assistant 0.00 0.00 1.00 Administrative Secretary 1.00 1.00 0.00 Office Suaaort Assistant 1.00 1.00 1.00 Regular Council Meetmgi- Augustsl8, 2009 ~ Fage~ 128 of 225 4.00 4.00 4.50 Page 8 of 9 TOWN OF MARANA Authorized Strength Fiscal Year 2010 2009 2009 2010 Adopted Amended Adopted Parks -Recreation Superintendent 1.00 1.00 1.00 Recreation Coordinator 4.00 4.00 4.00 Recreation Programmer 7.00 7.00 7.00 Recreation Leader 1.50 1.50 1.00 Recreation Center Attendant 0.50 0.50 0.50 Recreation Assistant 11.25 11.25 10.50 Total Parks -Recreation 25.25 25.25 24.00 Parks -Maintenance Superintendent 1.00 1.00 1.00 Parks Supervisor 1.00 1.00 1.00 Foreman 1.00 1.00 1.00 Maintenance Worker 11.00 11.00 11.00 Laborer 4.00 4.00 4.00 Total Parks -Maintenance 18.00 18.00 18.00 Parks -Senior Programs Recreation Programmer 1.00 1.00 1.00 Recreation Assistant 1.50 1.50 1.50 Total -Parks Senior Programs 2.50 2.50 2.50 Parks -Therapeutic Program Recreation Coordinator 1.00 1.00 1.00 Recreation Aide 0.00 0.00 0.00 Total Parks Therapeutic Program 1.00 1.00 1.00 Total Parks & Recreation 50.75 50.75 50.00 TOTAL TOWN AUTHORIZED STRENGTH 367.00 365.00 342.88 Regular Council Meeting -August 18, 2009 -Page 129 of 225 page 9 of 9 ~~ ~~~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, August 18, 2009, 7:00:00 PM To: Mayor and Council From: Frank Cassidy ,Town Attorney Strategic Plan Focus Area: Commerce, Community Building Item C 13 Subject: Resolution No_2009-139: Relating to Utilities; approving and authorizing the Mayor to execute an agreement for construction of Water Facilities Under Private Contract for the Marana Mortuary and Cemetery project Discussion: The proposed Marana Mortuary and Cemetery Water Service Agreement is standard in every respect except as it relates to non-potable water service. The cemetery property is located in the northwest Marana area, where non- potable water service is currently available from CMID and may also be available in the future as a result of the extension of the Town's non-potable water system. To ensure that the cemetery uses non-potable water service for its outdoor and landscaping watering needs, this proposed water service agreement includes a provision (paragraph 1.3) that requires connection to available non- potable service as soon as it is "commercially feasible." The cost is not "commercially feasible" if the estimated capital, finance, and extra operational cost to connect to and use non-potable water over afive-year period is at least one and a half times as much as the sum of the Applicant's share of those same costs to connect to and use potable water for the same five-year period. ATTACHMENTS: Na~tae:: I~escriptii}t~; T~ lie: ^ Reso re Cematery_4~,tSA lOpp16328}.t70C Rcsul~tien Resc~iutio€~ O EX A -Marana Mortuary a C_ emetery tNSA ~C}C3~14068-3}.DO_C Exh A to f2~sa: Cern~tery WSA Ezh?ktit Staff Recommendation: Staff recommends adoption of Resolution No. 2009-139. Commission Recommendation - if applicable: At its August l lth meeting, the Utilities Commission requested to be provided with water service agreements as information only items, so the Marana Mortuary and Cemetery Water Service Agreement will be provided for information at its next regularly scheduled meeting. Suggested Motion: I move to approve Resolution No. 2009-139, approving and authorizing the Mayor to execute the Marana Mortuary and Cemetery Water Service Agreement. Regular Council Meeting -August 18, 2009 -Page 130 of 225 MARANA RESOLUTION N0.2009-139 RELATING TO UTILITIES; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE CONTRACT FOR THE MARANA MORTUARY AND CEMETERY PROJECT WHEREAS Marana Mortuary & Cemetery Properties, L.L.C. desires to install water facilities to provide water service to the Marana Mortuary and Cemetery development; and WHEREAS the Town of Marana is willing to provide water service to and within Marana Mortuary and Cemetery project in accordance with Title 14 of the Marana Town Code and in accordance with the terms of the Agreement for Construction of Water Facilities Under Private Contract between the Town of Marana and Marana Mortuary & Cemetery Properties, L.L.C. for the Marana Mortuary and Cemetery development project; and WHEREAS the Mayor and Council find that the terms and conditions ofthe agreement are in the best interest of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Agreement for Construction of Water Facilities Under Private Contract for the Marana Mortuary and Cemetery development project, attached to and incorporated by this reference in this resolution as Exhibit A, is hereby approved, and the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana. BE IT FURTHER RESOLVED that the Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the aforementioned agreement. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 18th day of August, 2009. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regul~5~~r~~ ~~ti~g -August 18, 2009 -Page 131 of 225 TOWN OF MARANA AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE CONTRACT (Marana Mortuary and Cemetery WSA) THIS AGREEMENT (this "Agreement") is entered into by and between the TowN OF MARANA, an Arizona municipal corporation (the "Town"), and MARANA MORTUARY & CEMETERY PROPER- TIES LLC, an Arizona limited liability company (the "Applicant"). The Town and the Applicant are sometimes collectively referred to as the "Parties," each of which is sometimes individually referred to as a "Party." RECITALS A. This Agreement is entered into and authorized pursuant to Title 14 of the Marana Town Code as it may be amended from time to time (the "Marana Municipal Water Code"). B. The Applicant desires for the Town to provide water service to the land described and depicted on Exhibit A attached to this Agreement (the "Subject Property"). C. The Parties have entered into a "Marana Cemetery Development Agreement" recorded January 15, 2009 at Docket 13475, Page 184, Pima County Recorder's Office (the "Cemetery DA"), which addresses certain development issues relating to the Subject Property. D. To secure water service from the Town for the Subject Property, the Applicant pro- poses to install those certain water infrastructure improvements referred to in this Agreement as the "Applicant-Installed Facility." E. The required plans, specifications, and materials for the Applicant-Installed Facility have been approved by the Town. F. The Applicant desires that the Town take ownership of, operate, and service the Appli- cant-Installed Facility G. The Town is willing to accept the Applicant-Installed Facility and permit it to be con- nected to the Town water system provided it meets Town standards and the work is done in accor- dance with Town requirements. H. It is in the long-term best interests of the Town and the public for landscape watering to be accomplished using non-potable resources as soon as conversion to non-potable service is rea- sonably financially feasible. {00014066.DOC / 3} - 1 - 8/12/2009 12:02 PM FJC Regular Council Meeting -August 18, 2009 -Page 132 of 225 EXHIBIT A AGREEMENT Now, ~-xExEFOxE, in consideration of the foregoing premises and the mutual covenants set forth in this Agreement, the Parties hereby agree as follows: 1. General 1.1. Applicant installation of the Applicant-Installed Facility. The Applicant has designed and shall install, at Applicant's own expense, the water infrastructure improvements as depicted in Plan No. ENG- 0902-002 as approved by the Town and on file in the office of the Town of Marana Water Utility (the "Facility Plan"). The water infrastructure improvements depicted on the Facility Plan are referred to in this Agreement as the "Applicant-Installed Facility," and shall conform to the design standards of the City of Tucson Water Department and the Town of Ma- rana Municipal Water Code and special specifications and details as approved by the Town and by this reference made a part of this Agreement. The Facility Plan shall include a plan note iden- tifying the Applicant-Installed Facility as a new water facility and shall show any and all altera- tions to the existing water system. Construction and installation of the Applicant-Installed Facil- ity in accordance with the Facility Plan, including without limitation all labor, materials, equip- ment, supplies, and tools required for the construction and installation, is referred to in this Agreement as the "Work." 1.2. Consistency with the Cemetery DA. The Work shall be consistent with Paragraph 2.3 of the Cemetery DA, which requires, among other things, that initial utility access be provided from the Subject Property to the current location of Barnett Road, with permanent utility access being provided from the Subject Property toward the east, to the future alignment of Tangerine Farms Road. To accommodate the future connection to Tangerine Farms Road, the Applicant shall stub out potable water infrastructure to a location just east of the east property line of the Subject Property, as that property line will exist after the Applicant's dedication of right-of--way for Tan- gerine Farms Road. 1.3. Non potable water service. The Applicant shall at all times maintain access to Available Non-Potable Water Service, and Applicant shall make commercially reasonable efforts to con- nect to and use Available Non-Potable Water Service for landscaping and outdoor non-potable watering needs on the Subject Property. If Available Non-Potable Water Service is for any rea- son not physically available to serve the Subject Property, or the cost of bringing Available Non- Potable Water Service to the Subject Property is not commercially feasible, the Applicant may use Town of Marana potable water for landscaping and other outdoor watering purposes until the cost required to be borne by the Applicant is commercially reasonable. For purposes of this para- graph, the cost is not "commercially feasible" if the sum of the Applicant's share of the esti- mated capital, finance, and extra operational cost of water infrastructure needed to use Available Non-Potable Water Service at the Subject Property and the estimated Available Non-Potable Water Service non-potable water commodity cost for afive-year period is at least one and a half times as much as the sum of the Applicant's share of the. estimated capital, finance, and opera- tional cost of water infrastructure needed to use Town of Marana potable water at the Subject Property and the estimated Town of Marana potable water commodity cost for the same five- year period. The term "Available Non-Potable Water Service" means either of the following: {00014066.DOC / 3} - 2 - 8/12/2009 12:02 PM FJC Regular Council Meeting -August 18, 2009 -Page 133 of 225 EXHIBIT A 1.3.1. Irrigation water provided by Cortaro Marana Irrigation District ("CMID"), utilized by the Applicant arranging to take flood irrigation from the adjacent CMID irrigation facili- ties, or by the Applicant constructing and maintaining a pressurized non-potable system which connects to the nearest CMID turnout at the high point of the quarter section of land in which the Subject Property is located, or 1.3.2. Non-potable water service provided by the Town, utilized by connecting to the Town's nearest then-available non-potable water line. 1.4. Work by licensed contractor. The Work shall be performed by a contractor properly li- censed by the State of Arizona as determined by the Arizona Registrar of Contractors. In addi- tion to any other contractor's license classifications required by the Arizona Registrar of Con- tractors, the contractor shall hold contractor's license classifications A, A-12 and A-16. 1.5. Payment of connection fees. Before any service connections are made from the Town's water system to the Applicant-Installed Facility, the Applicant shall pay to the Town the connec- tion fees and any other fees required by the Marana Municipal Water Code. 1.6. Anticipated fees and charges. The Parties currently anticipate that the Applicant will in- stall asingle one and a half inch (1%2") water meter on the Subject Property. Fees and charges for water meter installation and water service are subject to revision by the Town from time to time. As of the date of this Agreement, the Town's adopted fees and charges associated with a 1 %2" water meter are as follows: FEE DESCRIPTION AMOUNT Minimum monthly base fee $ 39.96 Consum tion fee ( er 1,000 gallons) 2.86 Security deposit 625.00 Meter fee 920.00 Gravity storage/water resource DIF* 7,335.00 Waters stem infrastructure DIF* 4,320.00 * "DIF" =development impact fees 1.7. Applicant-Installed Facility acceptance by Town. No service connections shall be made from the Town's water system to the Applicant-Installed Facility until the Applicant-Installed Facility has been accepted by the Town in accordance with the Marana Municipal Water Code. 1.8. Applicant's certification. Execution of this Agreement certifies that the Applicant has reviewed the Facility Plan and all other specifications applicable to the Work and has approved and agrees with the location of all service lines. 1.9. Termination for lack of Work. Approval of the Facility Plan shall lapse and this Agree- ment shall terminate if more than one year has passed since the date of this Agreement and the Work has not begun, or if the Work is discontinued for a period of one year. {00014066.DOC / 3; - 3 - 8/12/2009 12:02 PM FJC Regular Council Meeting -August 18, 2009 -Page 134 of 225 EXHIBIT A 2. Engineering and Inspection 2.1. Registered civil engineer. When the cost of the Work exceeds $12,500.00, the Applicant shall employ a registered Civil Engineer to design, lay out, establish control lines for and certify the layout of the Work according to the Facility Plan. 2.2. Town inspector's authority. Any inspector authorized by the Town shall have full in- spection authority over the Work. 2.3. Inspection provisions. The Applicant shall furnish the Town's inspector with all facilities reasonably necessary to inspect the Work. The Work shall be subject to Town inspection at all times. Defective work shall be corrected in a manner satisfactory to the Town's inspector. In- spection by the Town is for the purpose of ensuring compliance with plans and specifications only. The Town makes no guarantee as to the safety or engineering soundness of plans prepared by Applicant or any contractor. 2.4. Payment of Town inspector's overtime cost. If scheduling by Applicant's contractor rea- sonably requires the Town's inspector to work overtime, the Applicant or Applicant's contractor shall pay the Town for any additional salaries, expenses or employee benefits relating to the overtime. For purposes of this paragraph, overtime is any time over 40 hours worked in a seven- day work period, any time over eight hours worked Monday through Friday, and any time worked on weekends and legal holidays observed by the Town. 3. Preconstruction Procedure 3.1. Request to begin construction. The Applicant shall submit a written request to begin con- struction to the Town five working days before the Work is to commence. 3.2. Construction permit. This Agreement shall be completed, signed and notarized, and re- turned to the Town prior to issuance of a construction permit for the Work. 3.3. Start and completion of the Work. No portion of the Work shall begin until the Town has issued a construction permit specifying the starting date and a reasonable time for completion. 3.4. Progress of the Work. The work shall be commenced and carried on at such points and in such order as maybe directed by the Town. 3.5. Materials sampling and testing. Materials shall be available for sampling and testing by the Town prior to being used in the Work. Materials that fail to meet Town specification shall be removed from the site. 3.6. Permits and approvals. The Applicant shall, at Applicant's expense, obtain all necessary permits and licenses for the Work, pay all fees and comply with all laws, ordinances and regula- tions relating to the Work. 4. Construction 4.1. Applicant's presence on site. The Applicant, or Applicant's designated agent, shall be present at all times during performance of the Work. The name of the Applicant's designated {00014066.DOC / 3} - 4 - 8/12/2009 12:02 PM FJC Regular Council Meeting -August 18, 2009 -Page 135 of 225 EXHIBIT A agent and the contractor performing the Work shall be furnished. to the Town before the Work begins. Instructions given by the Town to the designated agent shall be deemed to have been given to the Applicant. 4.2. Competence and diligence. The Applicant shall employ only competent and efficient la- borers, mechanics or artisans on the work, and the Applicant agrees to perform the work dili- gently to complete the work on or before the completion date given in the notice to proceed. 4.3. Paving. The Applicant. shall identify and locate all water valves prior to paving and set valve boxes to final grade after paving. 4.4. Alterations to the existing Town water system. The Applicant shall, at Applicant's ex- pense, make any and all alterations to the existing water system either on-site or off-site necessi- tated by paving, drainage, or other improvements caused by the development of the Subject Property. 4.5. Worksite safety. The Applicant shall require all contractors and subcontractors perform- ing any portion of the Work to comply with all safety requirements of the Occupational Safety and Hazards Act as set forth by the Federal Government and as implemented by the State of Ari- zona. The Applicant or its contractors shall be solely responsible for all fines or other penalties provided for by law for any violations of the Occupational Safety Hazards Act. 5. Dedication 5.1. Transfer of the Applicant-Installed Facility to the Town. Upon the Town's final accep- tance of the Work, the Applicant shall at no cost grant, bargain, sell, convey, transfer and deliver to the Town the Applicant-Installed Facility free and clear of all liens, claims, charges or encum- brances. 5.2. Two year warranty. The Applicant guarantees the Work to be free from all failures due to poor workmanship or materials for a period of two years from the date of the Town's final ac- ceptance of the Work. 5.3. Other conflicting construction prohibited. The Applicant shall not construct or allow the construction of any utility, building, or other improvement that would interfere with the opera- tion or maintenance of the Applicant-Installed Facility. 5.4. Applicant's obligation to maintain finished grade. The Applicant guarantees that all ser- vice lines, meters, and meter boxes on the Subject Property will be to finished grade and that Applicant will remain responsible for raising or lowering said services as required until the Sub- ject Property is fully developed. 5.5. Acceptance by the Town. The Town shall accept title to and take possession of the Ap- plicant-Installed Facility when the Work has been completed to the satisfaction of the Town. Subject to the Applicant's continuing obligations under this Agreement, the Town shall operate and service the Applicant-Installed Facility after taking over possession of it under this para- graph. {00014066.DOC / 3; - $ - 8/12/2009 12:02 PM FJC Regular Council Meeting -August 18, 2009 -Page 136 of 225 EXHIBIT A 6. Miscellaneous 6.1. Indemnity. Applicant shall indemnify, defend, and hold harmless the Town, its Mayor and Council, officers and employees, boards, committees and commissions from and against any loss, claim, suit, demand, cause of action, or liability of any nature, including but not limited to damage to property and injuries to persons, including death, arising or alleged to have arisen, in whole or in part, out of any negligent act or omission of Applicant or any contractor, subcontrac- tor, or any person employed directly or indirectly by any of them in the performance of the Work or in the operation of the Applicant-Installed Facility. 6.2. Binding effect. This agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the Parties. 6.3. Consent required for assignment. Applicant may not assign this Agreement without the prior written consent of the Town. 6.4. Cancellation for conflict of interest. This agreement is subject to A.R.S. § 38-511, which provides for cancellation in certain instances involving conflict of interest. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date set forth below their respective signatures. TOWN: THE TOWN OF MARANA, an Arizona municipal corporation By: Date: ATTEST: Ed Honea, Mayor Jocelyn C. Bronson, Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Owner/Developer: MARANA MORTUARY & CEMETERY PROPER- TIES, L.L.C., an Arizona limited liability company PAHLMEYER. L.L.C., an Arizona limited li- ability company, its manager By: Robert A. Morken III, its administrative member Date: {00014066.DOC / 3} - (> - 8/12/2009 12:02 PM FJC Regular Council Meeting -August 18, 2009 -Page 137 of 225 EXHIBIT A STATE OF ARIZONA ss County of Pima ) The foregoing instrument was acknowledged. before me this day of , 2009 by Robert A. Morken III, administrative member of PAHLMEYER, L.L.C., an Arizona lim- ited liability company, the manager of MARANA MORTUARY & CEMETERY PROPERTIES, L.L.C., an Arizona limited liability company, on behalf of the LLC. My commission expires: Notary Public j00014066.DOC / 3} '] 8/12/2009 12:02 PM FJC Regular Council Meeting -August 18, 2009 -Page 138 of 225 EXHIBIT A EXHIBIT "A" LOCATION MAP OF THE DEVELOPMENT WITH LEGAL DESCRIPTION {00014066.DOC / 3} - g - 8/l2/2009 12:02 PM FJC Regular Council Meeting -August 18, 2009 -Page 139 of 225 ~HIBIT A - A~~ ~~~~~ ~1 REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, July 21, 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'Metnber Jon Post, Council Member Roxanne Ziegler, Council Member REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL. Mayor Honea called the meeting to order at 7:O2 p.m. All where present with Council Member Clanagan participating telephonically. PLEDGE OF ALLEGIANCE,%INVOCATION/MOMENT OF SILENCE Led by Mayor Honea. APPROVAL OF AGENDA Motion to approve ~noved by~Council Meriiber McGorray, second by Council Member Comerford. Motion carried uittrtti~nously. CALL "l~(~ THE PUBLIC David Murak~s spoke on the issue of re-naming Sandario Road to Jack Horton Road. Mr. Morales asked C~c~uncil to consider this name change in honor of Jack Horton. Council Member Ziegler stated that there was a process for this type of thing. Deb Thalasitis responded by saying that staff will get in touch with Mr. Morales and follow up after the meeting. Vice Mayor Kai mentioned that with the concurrence of the Council this topic could be added as a future agenda item. Mayor Honea stated that he will do that when staff is satisfied with all of the paperwork being completed. PRESENTATIONS P 1: Presentation: Relating to recapping the Town of Marana's July 4 Star Spangled Spectacular event at its new venue at Arizona Pavilions Tom Ellis presented this item to Council. The Marana Police Department estimated that the event had between 18,000 and 20,000 attendees. The Town had designated Regular Council Meeting -August 18, 2009 -Page 140 of 225 approximately 4,000 parking spaces for the event, all of which where full. Most businesses in the area reported record sales for this time of year recording a 30% to 35% increase in sales for a normal afternoon. The Pines Golf Club reported that last year on July 4th the Pines did about $500 worth of business. This 4th of July the Pines did $10,000 in business. Mr. Ellis thanked the sponsors that helped make this event a success: Comcast, Tucson Newspapers, Boston's Pizza, the Explorer News; the Marana News, Red Point Development, golfnow.com, Erin Jordan and KOLD, and participating businesses -- Pines Golf Club, Cricket Communications, Native New Yorker, Nana's Kitchen, Tower Theatres, Mathnasium, La Quinta Inn, and Continental Ranch Development. At the beginning of planning of the event the goal was to spend $35,000 in materials and entertainment. Past 4th of July events cost $55,000 - $60,000. Under the leadership and coordination of Adelina Martin (Parks and Recreation Special Events Coordinator) the event cost $30,000 for materials and entertainment. Sponsorship of the event totaled a little over $10,000 thus bringing down the cost of the event to $20,000. The event required 723 billable personnel hours. Most of thatwas liu~ the need for police. The holiday weekend hours were able to be flexed bringing do~~ n the overtime hQUrS to roughly 120 hours. Mr. Ellis congratulated the Marana conu~tunity on having an event without any major incidents and thanRcd the Mayor an~i Council for the opportunity to build community and to provide recreation services for this great town. Going forward the event will need a few minor changes; traffic flow, pedestrians, security, event layout and fire«~orks. Solutions are already being considered for next year. Mr. Ellis stated that staff recommends to continue the July 4th event in the same location and include the new district park for next year. Mr. Ellis gave credit for the success of the event to the relationship between the town departments, especially Marana Police, Traffic, and Operation and 1\1~iintenance and all of the businesses and sponsors that supported the event, Mr. h_Ilis ~~~~~e I:udos to Adelina Martin forplanning her first major event for the town. Mayor H~~nca commented that Mr. Ellis, (town) staff, and the police department did a great j~~b. P 2: Presentation: Relating t~~ Committees, Boards and Commissions; appointment, selection and procedures Deb Thalasitis presented this item to Council. Mrs. Thalasitis brought the Council up to date on the Council sub-committee's (Council Task Force on Advisory Commissions) findings relating to Council Advisory Commissions. Council Members Comerford, McGorray, and Ziegler sat on the sub-committee. Mrs. Thalasitis presented a comparison matrix that showed the current status and the sub-committees recommendations all of the Citizen Advisory Commissions, Boards and Committees. Motion by Council Member McGorray, second by Council Member Comerford to direct staff to return on August 4, 2009 with agenda items necessary to achieve the changes to committees, boards and commissions discussed this evening. Motion carried unanimously. Regular Council Meeting -August 18, 2009 -Page 141 of 225 ANNOUNCEMENTS/UPDATES PROCLAMATIONS Drowning Impact Awareness Month MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member McGorray mentioned that the dirt is turning for the Marana Health Center. Mayor Honea stated that he toured Krebs Engineering today. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Deb Thalasitis updated everyone as to Town Manager's Gilbert Davidson time at the Harvard University Senior Executive in State and Local Governmenf`~rogram. Ms. Thalasitis stated that the Council Executive report is on the dais tonight. STAFF REPORTS GENERAL ORDER t _~ h BUSINESS CONSENT AGENDA Motion by Council Member Comerford, second by Vice alnhor Kai to approve. Motion carried unanimously with a 7-0 roll~all vote. C 1: Resolution No. 2009-108: Relating to Real .Estate: ~<~nditionally vacating and authorizing the Town Engineer to execute Quit Claim Ucrds of Abandonment after the completion of the Camino de Marana /Dove Mountain Extension Project No. 2001-052 for a portion of Caminodet~1aru,n.a public right-of-way that will no longer be needed by the Town C 2: Resolution No. ~uU<>-1 a<~: Eelating to Development; approving a release of assurances. for The Pints I'liase II and acceptance of public improvements for maintenance C 3: Resolution No. 2009-110: Relating to Development; approving the release of the private improvement agreements for the Preserve at Dove Mountain Phase III offsite improvements and acceptance of public improvements for maintenance; 2506 linear feet of roadway impruv~ m. nts located on Camino de Oeste north of Tangerine Road for maintenance C 4: Resolution No. 2009-111: Relating to Public Works; approving and authorizing the Mayor to execute an intergovernmental agreement between the Town of Marana, Pima County, and the Town of Oro Valley for the Design Concept Study of the Tangerine Road Improvement Project between I-10 and La Canada Drive C 5: Ordinance No. 2009.15: Relating to Parks and Recreation; amending Title 13 of the Marana Town Code, Section 13-1-3, to prohibit smoking within 25 feet of any athletic field, athletic facility or children's play area in Town parks; and establishing an effective date Regular Council Meeting -August 18, 2009 -Page 142 of 225 C 6: Resolution No. 2009-112: Relating to Development; approving and authorizing a final plat for Dove Mountain Centre II C 7: Resolution No. 2009-113: Relating to the Marana Regional Airport; repealing Marana Resolution No. 2004-129; and declaring an emergency C 8: Resolution No. 2009-114: Relating to Development; approving a final plat for Sydney Place lots 1 through 4, and parcel "A," and authorizing the Mayor to sign the plat on behalf of the Town as landowner and approving body C 9: Resolution No. 2009-115: Relating to Utilities; approving and adopting the Town of Marana Utilities Department Identity Theft Prevention Program; acrd declaring an emergency C 10: Resolution No. 2009-116: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a Location. Transfer of a No. 09 (Liquor Store) liquor license submitted by Randy Allen Guse on behalf of Walgreens #9952 located at 12050 N. Dove Mountain Boulevard C 11: Resolution No. 2009-117: Relating to Liquor Licenses; approval and recommendation to the State Liquor R~~ard for a Person Transfer and Location Transfer of a No. 6 (Bar) liquor license submitted by Michael R. McMahon on behalf of The Ritz- Carlton Hotel at Dove Mountain located at 15000 Secret Springs Drive C 12: Resolution No. 209-118: Relating to Liquor Licenses; approval and recommendation to the. State Liquor Board for a New No: 10 (Beer and wine Store) liquor license submfitted by Kelly Paul Vaughan on behalf ofQuikTrip #1456 located at 5565 W. Cortaro Farms Road C 13: ResolutionNo. 2U(~~~-.11:9: Relating to Liquor Licenses; approval and recommendation to the ~;t.~tc Liquor Board for a New No. 07 (Beer & Wine Bar) liquor license submitted by kt~nald ~1. Parucki on behalf of Frys Marketplace #689, located at 12100 N.Thornydale Road C 14: Minutes ol'the Juuc ? ~, 2009 special council meeting COUNCIL ACTION A 1: 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 Mayor Honea opened the public hearing. Lisa Shafer presented this item to Council. Earhart Equipment Corporation has requested to use this property for retail sales and the rental of farming and construction equipment. The Planning Commission unanimously approved the Significant Land Use Change on June 24, 2009. Ms. Shafer reviewed point by point a recent letter received from Phyllis Farenga. Regular Council Meeting -August 18, 2009 -Page 143 of 225 Phyllis Farenga, addressed Council. Ms. Farenga asked for a delay on this item. She opposes the SLU request based on a poor compatibility for the neighborhood. Her objections are based on the development department staff's lack of enforcement of the town code. Ms. Farenga continued by noting that the Planning Commission failed to address the noise, fumes, pollution, use of easements, traffic, and property values. She asked for a delay so that she, along with the rest of the neighborhood, can resolve all of their issues. Ms. Farenga also brought up the issue of the height of the wall that would face the park. Her concern is that if the wall is only eight feet tall it could pose as an easy obstacle should kids want to play with any construction or farming equipment. Alisha Meza, addressed Council. Ms. Meza gave a presentation she i3rought on the Marana Estates Neighborhood. She acknowledged that not all of problems are with regard to Earhart, however, she wanted to take this opportunity t~ address them with the Council. The concerns brought up by Ms. Meza were traffic, heavy equipment, hazardous materials, property values, infestation of pests, unsafe buildings, and the neighborhood's health, welfare, and safety. Another issue menti~,ncd ~-vas asphalt being left after town staff had fixed the road. Council Member Post stated that the presentation was well done and well put together and raised some very serious concerrt~. Council Member Post asked Ms. Meza if she can correlate these concerns to Earhart. leis. Meza responded by saying that there is only one way out of their neighborhood. In the event ~~ f an emergency and if equipment was blocking the roadway, they wouldn't be able to ~~ct out of their neighborhood. Ms. Meza went on to say that she did take this opportunity to bring other issues to light and feels that the neighborhood is being used as a dumping ground. Council Member Post responded that the issues that Ms. Meza brought up should be looked at, but those issues are a separate problemnot relating to Earhart. Council Member Comerford mentioned th~lt she had met with Phyllis Farenga and was aware of these issue. ho~~ c~er_ she didn't know about the asphalt being lef~at the side of the road. Council Member Comerford stated that staff is looking into the concerns she had brought up at their meet in<~ and wanted Ms. Farenga to let her know if the asphalt isn't cleaned up. Council Member Zeigler stated that she agrees with Council Member's Post and Comerford's comments. as to the problems brought up but stated that tonight we are here to discuss Earhart. Council Member Zeigler commented that in this area there is no residential use allowed. Ms. Farenga responded that she understood that and that she would like to have low impact business. Brianne Meza addressed Council and showed a video she took showing traffic from Ray's Diesel. She mentioned that on one occasion she had to push her children out of the way of a diesel tractor. Another concern of Mrs. Meza's was when these trucks are washed, the runoff water (full of oil & diesel fuel) goes into the easement between her property and the park on Adonis Road. Regular Council Meeting -August 18, 2009 -Page 144 of 225 Clay Parsons, addressed Council. Mr. Parsons mentioned that David Morales' thought on the naming of Jack Horton Road was a great idea. Mr. Parsons stated that his family owns land in the area. He has dealt with the Earhart Equipment Corporation for the past 20 years and thinks they would be great for the town. Devin Murphy, addressed Council and stated that he has dealt with the Earhart Equipment Corporation and thinks they would be a huge asset to the town as they also get involved with the community. Gordon Earhart, the applicant, addressed Council. Mr. Earhart stated that he would have no problem delaying this item for a couple of weeks if it is believed there are unanswered questions which he said there seems to be. Vice Mayor Kai commended the applicant for requesting a continuance to work out the issues brou~~ht forward tonight. Council Member Post asked what issues would need to be negotiated. The issue he saw was the height of the wall Ms. Farenga responded that fumes are an issue. Council Member Post stated that would be regulatedby DEQ (Arizona Department ~~f Environmental Quality). Tricia Moorhead addressed Council and stated that there is an issue with property lines that needs to be addressed as well as sink hole that is near the park. Council Member Post responded that property lines aren't subject to negotiations. Council Member Ziegler stated that Mr. Earhart and his company will have to adhere to the town's ordinances and rcgnlations regarding fumes. David Morales addresc~l Council regarding BATNA (Best Alternative To a Negotiated Agreement). Council MemberClaua;;un wanted to be on the record commending Mr. Earhart to agree to meet with the concerned homeowners to give them an opportunity to present their issues t~~ him. He believed that atwo-week delay would not cause harm to his development and would gig e the homeowners an opportunity to work out their issues. Mayor Honca and Council Member Ziegler commented on the two-week extension and Council Member Ziegler felt that the extension would not change the outcome. Council Member Post agreed to two weeks' extension and mentioned that the items that came into play during tonight's discussion should not be part of the outcome on this matter and that they remain separate. Mayor Honea closed the public hearing. Motion by Vice Mayor Kai, second by Council Member Clanagan to continue this item until August 4, 2009. Motion carried unanimously. Deb Thalasitis stated that town staff will follow up with the neighborhood this week in an attempt to resolve the issues brought up tonight. Council Member Post asked that the asphalt be picked up tomorrow. Regular Council Meeting -August 18, 2009 -Page 145 of 225 A 2: PUBLIC HEARING: Ordinance No. 2009.16: Relating to Development; approving a rezoning of approximately 4.8 acres of land from C (Large Lot Zone) to HI (Heavy Industrial) for the Marlund Co., L.L.C. on the east side of Breakers Road, approximately one-quarter mile south of Tangerine Road. Mayor Honea opened the public hearing. Kevin Kish presented this item to Council. Steve Wollerman, Southwestern Consulting Engineers, said that he would be glad to answer any questions the Council may have. Vice Mayor Kai asked if building two could be moved in line with building one with enough setback frn~ a 55-ft high building so that it could be moved away from Breaker's Road. Mr. Wollerman responded by saying the Planning and Zoning Commission approved the building height at 35-ft. 2:00:15 Mayor Honea closed the public hearing. Motiou by Council Member McGorray, second by Council Member Clccnagan to approve with conditions. Motion carried una~i,r~tou.~lr. A 3: Resolution No. 2009-121: Relating to Boards, Commissions and Committees; approving the appointment of Peggy lackey-Craig to the Marana Public Safety Personnel Retirement System local bo~u~d. I~I~tvor Honea presented this item Motion to approve by Council Member Cla~laa wt, second bj~ Council Member Post. Motion carried unanimnusJj•. BOARDS, COMMISSIONS AND COMMITTEES ITEMS FOR DISCUSSIONIPOSSIBLE ACTION D I: LegislativeIssues: Discussion/Direction/Action regarding all pending bills before the Legislature Presented h~~ Steve Huffman, rioting that the regular legislative session has concluded. The legislature is now in special session dealing with budget issues. He introduced Michael Race t~~ give an update on the bills passed during the session. Council Member Comerford asked when the final date is to pass the budget. Mr. Huffman reported that the budget has been passed, but there are technical issues that still need to be addressed because it's out of balance. This situation could be ongoing for the next two-three years. Michael Racy noted that this is an exceptional year. Approximately 213 bills were passed, about half than what is regularly passed. No bills were heard in the Senate until June 5, unprecedented in Arizona history. For the most part they were simpler, non- controversial items which he prepared an analysis for to Council that impacted cities and town. EXECUTIVE SESSIONS E 1: Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda Regular Council Meeting -August 18, 2009 -Page 146 of 225 E 2: Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), discussion or consultation for legal advice with the Town's attorneys and discussion and to consider its position and instruct the Town Manager and staff concerning possible acquisition of certain water infrastructure and accounts and water rights and/or resources E 3: Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), discussion or consultation for legal advice with the Town's attorneys and discussion and to consider its position and instruct the Town Manager and staff concerning (1) the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008-001131, (2) pending legal issues, settlement discussions and contract negotiations relating to the transition of Marana wastewater collection and treatment to the Town of Marana FUTURE AGENDA ITEMS ADJOURNMENT Motion to adjourn moved by Council Member Post, second by Councillllc m/~er Comerford. Motion carried unanimously. The meeting was adjourned at 9:26 pn. CERTIFICATION I hereby certify that the foregoing are the true and correct m mutes of the Marana Town Council meeting held on July- ?1, 2009. I further certify that a quorum was present. Jocelyn C. Bronson, `I ~n~ n Clerk Regular Council Meeting -August 18, 2009 -Page 147 of 225 ...~`~L ~N~~~: s~~ _~ ~,~.~k REGULAR COUNCIL MEETING MINUTES 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 REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL Mayor Honea called the meeting to order at 7:05 p.m.: ~ I I present. PLEDGE OF ALLECT~1~lC`E/INVOCATION/MOMEN I OF SILENCE Led by Mayor Honea. APPROVAL OF AG I . N DA Motion to approve moved hh Cour~~cil Mei<nber McGorray; second by Council Member Post. Motion carried u~,nn«n~tusly. CALL TO THE PUBLIC David Morales spoke ahc3ut E3ATNA. Phyllis Farenga spol~r can ~~~neral issues of significant land use planning in Marana Vista Estates. 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 Presented by Frank Cassidy. The draft development agreement is to try to address how to pay for some of the improvements. He asked for Council feedback concerning main deal elements of the agreement. The developer is required to fund all of these improvements and then out of the sales tax from this project they would be repaid for the public improvements 100% of the cost of those improvements out of 45% of the sales Regular Council Meeting -August 18, 2009 -Page 148 of 225 tax. This has only been done one other time as part of the Marana Spectrum development at the Twin Peaks Interchange. This is an incentivized agreement if development occurs within 3 '/z years within $SM of the construction cost -they are paid 5.5% interest on any unpaid balance. If the project is open four years after the agreement, then it drops to 4.5% interest and every six months it drops by a half percent interest to four percent or the prevailing rate for bonds. This would affect the interest rate the town would pay on bonds. Council Member Post asked about the roads and how they will all be built simultaneously. Mr. Cassidy responded that they would be required to build all the improvements on display. Council Member Post asked why other property owners weren't involved on the payback. He sees benefit by other landowners who are not asked to reimburse the town. Mr. Cassidy responded that as other developers come in for entitlements they would be asked to give their fair share. Vice Mayor Kai asked about sales tax reimbursement as a benefit to residents. He noted a north/south road that benefits. Mr. Cassidy noted that Shoefly Road is not a public road and they would not get reimbursed for that. Council Member Ziegler asked Mr. Racy who owns the land now. He responded by giving a brief presentation about ho~~~-the development agreement elements came into being. Mr. Cassidy noted that Arizona law .requires a municipality to publish before it adopts an agreement of this type. To meet the I ~-day deadline, he will place the notice of intention on the consent calendar on August 18 t~~ brine back the agreement in September. Motion by Council Meh~ber McGorray, second by Council Member Post to bring this item back at the August 18, 20(19 meeting. Motion carried unanimously. P 2: Presentation: Relating to I'rrs~~nncl; discussion and consideration of proposed amendments to the Town's Perscmnrl Policies and Procedures, revising Chapter 5 -Work Rules. Policy 5-7 -Personnel Action Review Board (PARB) Presented by Suzanne Machain with a brief overview of the make-up of the Board and some of the changes that ace related to changes to the citizen advisory commissions, including participation of a PARB member on another CAC. The Board would be made up of five members instead of primary or alternate members with their specific staggered terms -three members could be called upon at any time to be called to hear a case depending on availability. Tonight is a first reading and no action is required. Ms. Machain would like to bring back the changes back as well as applications at the August 18th meeting. Motion by Council Member McGorray, second by Council Member Clanagan to bring this item back on August 18 for adoption. Passed unanimously. ANNOUNCEMENTS/UPDATES Regular Council Meeting -August 18, 2009 -Page 149 of 225 PROCLAMATIONS The Town Clerk read the proclamation. Mayor Honea noted the names of those persons receiving brick pavers in their honor. This will become a town policy that as town employees retire a brick with their name will be placed in the courtyard. Employees who have served the town for 20, 25 and 30 years -Lily Grijalva, Lt. Dale Bradshaw, Dan Sample and Judy Capen -were also honored. Brick Paver Dedication -Dan Groseclose, Larry Ybarra, Lt. Dan Bourland and Sandy Groseclose. Employee Appreciation Week -all employees. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT E~'PNTS Council Member Post commented on the neighborhood of Amole Cir~l~ and commended the public worksdepartment and also: the good work of the police department. Council Member Ziegler also comtl~ented favorably on the work of Chief Tometich and his department. Council Member McGorray reported on the ribbon .cutting for Grumpy's Grill and commented on how much the new owners praised the t~~nn and the permitting process. Mayor Honea also went to the ribbon cutting and said that he had talked to the owners of Grumpy's who were very complimentary to thetown for helping them open their business. Both Council Meunier McG~rray and Mayor Honea praised the staff for their work. MANAGER'S REPUh l': SUMMARY OF CURRENT EVENTS Gilbert Davidson .noted that he was glad to be home and again thanked the Council for allowing him to take time to attend the Harvard Kennedy School Senior Executives in State and Local.. Government Program in July. He thanked key staff who kept everything running while he was ~~~~ne. He noted that the Council Executive Report is part of the official record. Deb Thalasitis said she was back Mr. Davidson was back and is looking forward to the opportunities to take steps forward and grow as an organization due to the information he brought back. STAFF REPORTS GENERAL ORDER OF BUSINESS CONSENT AGENDA Regular Council Meeting -August 18, 2009 -Page 150 of 225 Motion to approve moved by Council Member Post, second by Council Member McGorray. Motion carried unanimously. 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 C 2: 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 Due to the emergency clause, this item required a roll call vc~tc~. Fussed unanimously. COUNCIL ACTION A I: Resolution No. 2009-124: Relating to Facilities; authorizing the naming ofthe stables at the Marana Heritage Park the "Brad DcShain Stables" Ora Harn presented this item and remarked on the many years of service Brad has given to the town and how this sign which't't as made by members of the public works department and will commemorate his sctvice and hopefully, bring him back to help at the Heritage House. Brad thanked Council for this honor and he expressed how much it means to him and his family. Motion to approve moved b~ +~'ormcil Member McGorray, second by Vice Mayor Kai Motion carried unanimr~rr.c11•. A 2: PUBLIC HEARING: Resolution No. 2009-120: Relating to Development; confirming the Marana Plannit7g 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 Mayor Honea noted that tl~e public hearing had already taken place on July 21 and tonight would not he a public hearing, but that he would allow members on each side of the issue to speak on this item. Lisa Shafter presented this item and noted that Council had directed staff to have additional meetings with neighbors, the developers and staff. She commented on the meetings and the representatives present and the views expressed. Phyllis M. Farenga spoke. She noted her address and some of her concerns about this development. She noted that constant vigilance to code enforcement and putting health and safety first instead of economic opportunity she thought this development could go forward. She noted that there was now a level of confidence to support the Earhart SLU -reluctantly -why reluctantly? The applicant has learned that once approved by Council, development department does not need to enforce their development code, but we have faith. Thank you. Council Member Ziegler asked Ms. Farenga why she said `reluctantly'. She asked if she had come to an agreement between both parties that she can live with. Ms. Farenga said she would try and live with it although she still doesn't feel it's a good match for the Regular Council Meeting -August 18, 2009 -Page 151 of 225 community and that the neighbors would be vigilant. Council Member Ziegler also expressed the fact that she, along with Council Member Post, had been remiss about Amole Circle and paying attention to what's been happening in that community and that more emphasis had been placed in Continental Ranch, Dove Mountain and Gladden Farms. She hoped that that would not be the case anymore. Motion to approve moved by Vice Mayor Kai, second by Council Member Post. Motion carried unanimously. Vice Mayor Kai thanked Ms. Farenga and the residents for stepping forward, and the staff and the. developer for working together on this. A 3: Resolution No. 2009-125: Relating to Mayor and Council; cancelling the September 1, 2009 regular Council meeting. Mayor Honea"suggested some options for meetings in lieu of this date Gilbert Davidson briefly addressed the reason for the cancellation. He suggested options for future meetings in September. Motion by Council Member Post, second by Counci! Menl6er McGorray to cancel the September Is` meeting unless staff d~~czrmines there are issues to be considered Motion carried unanimously. BOARDS, COMMISSIONS AND COMMITTEES Deb Thalasitis noted a correction to Exhibit A of Resolution No. 2009-126. Mayor Honea said that all three items Would be considered with one vote, which would be a roll call vote due to the emergency clauses. Motion by Council 111c~n~bc r Post, seco~id by Council Member McGorray, as corrected. The Town Clerkcallc~l ~hc~ roll. Motion carried unanimously. B 1: Ordinance No. 2009.17: Relating to Land Development; amending Title 2 of the Town ofMarana Land Development Code, section 02.02.01, relating to Planning Commission membership; and declaring an emergency B 2: Ordinance No. 2009.18: Relating to Boards, Commissions and Committees; amending chapter 2-6 of the Marano Town Code, specifically sections 2-6-2 and 2-6-3 relating to membership and appointments to Citizen Advisory Commissions; and declaring an emergency 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 ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Legislative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature Regular Council Meeting -August 18, 2009 -Page 152 of 225 Steve Huffman presented the current status of bills and the state budget process. EXECUTIVE SESSIONS Motion by Council Member Post, second by Council Member Comerford to go into executive session regarding item ES. Motion carried unanimously. Council left the dais at 8:21 p.m. Council returned to the dais at 8:30 p.m. 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 ccerning 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 staft~eoncerning 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 Cuunty'v. Maraca (consolidated), Maricopa County Superior Court No. CV2008-00113 I, (2)pending legal issues, settlement discussions and contract nc~otiations relating to the transition of Marana wastewater collection and treatment ro the Town of Marana E 4: Executive Sessionpu-_suant to A.R.S. § 38,431.03(A)(4) and (7) to consider the town's position and instruct its representltives regarding negotiations for the purchase of property rights needed fc~r the Camino de Marana & Dove Mountain Extension project, CIP number 2001-052; fr~~m 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 Mc~t~una 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 Frank Cassidy noted the terms of the settlement agreement. Upon motion by Council Member Post, second by Council Member McGorray, staff was directed to proceed as discussed in executive session regarding the potential settlement Motion carried unanimously. FUTURE AGENDA ITEMS Deb Tbalasitis noted that the items related to the Citizen Advisory Commissions require appointments, and asked if Council would like to schedule an executive session for interviews or if they were comfortable making appointments based on the applications on Regular Council Meeting -August 18, 2009 -Page 153 of 225 hand. After general discussion, it was decided to place the item on the August 18th agenda for appointments. An executive session will also be on the agenda should Council decide to interview any of the candidates. The Town Clerk will notify the applicants regarding the August 18th meeting. ADJOURNMENT Motion to adjourn moved by Council Member Post, second by Vice Mayor Kai. Motion carried unanimously. The meeting was adjourned at 8:34 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on August 4, 2009. I further certify.that a quorum was present. Jocelyn C. Bronson, Town Clerk Regular Council Meeting -August 18, 2009 -Page 154 of 225 '~~r~ ~~~~ t~.F „r ....~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, August 18, 2009, 7:00:00 PM To: Mayor and Council Item A 1 From: Lisa Shafer ,Assistant Planning Director Strategic Plan Focus Area: Community Building Subject: PUBLIC HEARING: Relating to Annexation; public hearing to discuss and consider an application by the Town of Marana to annex approximately 47 acres located at the northwest corner of Lambert Lane and Blue Bonnet Road alignments into the Town of Marana Discussion: The Town of Marana is processing an annexation for approximately 47 acres of land generally located at the northwest corner of Lambert Lane and Blue Bonnet Road alignments within the southeast quarter of Section 11, Township 12 South, Range 12 East, including the adjacent rights-of--way for Camino de Manana, Decker Drive, and Lambert Lane. The Town is currently in negotiations with the two property owners to acquire rights-of--way necessary for the construction of improvements to Camino de Manana. This annexation will give the Town ownership of existing public rights-of--way within the annexation area. The construction of Camino de Manana will eliminate the need for some of the old rights-of-way. By annexing this area, the Town will be able to abandon unnecessary old rights-of--way, and to exchange them with new right-of--way needed in connection with the Camino de Manana project. This proposed annexation area consists of three parcels (216-23-0720, 216-23-073C and 216-23-074A) and the adjacent rights-of--way. The majority of the property is vacant undeveloped land, but the 2.2 acre Carter parcel contains a residence. This annexation also takes in the fu1160-foot right-of--way for Decker Drive north to Potvin Lane. It is unclear if the entire right-of--way was annexed with the Hartman Hills Annexation, which was adopted June 6, 1988. Currently Pima County zoning within the area is Suburban Ranch (SR) and Rural Residential (GR-1). These zoning designations are primarily residential with a minimum lot size of 144,000 square feet in the SR zone and 36,000 in the GR-1 zone. The translational zoning for the SR-zoned property is R-144 (single family residential with a minimum lot size of 144,000 square feet) and for the GR-1 zoned property is R-36 (single family residential with a minimum lot size of 36,000 square feet). The proposed annexation area is currently within the Town of Marana's General Plan Planning Area. The adopted Future Development Plan within the General Plan designates this area as Low Density Residential (LDR). Regular Council Meeting -August 18, 2009 -Page 155 of 225 A blank petition was filed with the Pima County Recorder's office on July 23, 2009. This public hearing is mandated by state law (A.R.S. § 9-471(A)(3)), which requires the Town to hold a public hearing on the annexation not less than twenty nor more than thirty days after the filing of the blank petition. ATTACHMENTS: ~~ITIt: L7escripiiot~: '1`yl-~e: ~ MarGis_Location ap.pdf t.oeation Nlap Backup ~rlateria! ~ Decker-Annexation-Revised Leg~3 and h~tap.pdf Legal C]escriptiontf~9ap Backup (L3ateriai Staff Recommendation: No action required-Public Hearing Suggested Motion: No motion required. Regular Council Meeting -August 18, 2009 -Page 156 of 225 Decker Drive ' ~ Annexation - ~ ~ ~ CASE ANX0907-001 ~ IL1-- ~ - - -- t~-~ ---~/v P~TVIN LN 2~ ~. O~ A'~ (G4' '' ~~ Annexation Area M -_ -~--- __ __ _ UV LA~IBERT,IN-- --- -- D. ~~ ~{ w z z C m w J 0] z Request 0 450 900tt. An annexation of approximately 47-acres located at the northwest corner of Lambert Lane and Blue Bonnet Road alignments. 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, correct or co m plete n a d conclusions dra wn from such information are the responsibility of the user. In no event shall The Town of Marana become liable to users of these d ri ~ n t oa da~~ou~a~l.ounCil IVltfe{finny l~u ustir~~t, ~ct,~~pee~,~r~ide~~~or consequential damages, including but not limited to time, money or goodwill, arising from the i$i~j~lrt ~i1T~$.Bl~ `~ ~HP..H:.' ~0..5'~~V 1~' ~j$' f}~~ij~~~ The southeast quarter of the southeast quarter of Scctior~ I1, `Podvnship 12 Soutb, Ra~lge 12 East, Gila arid..: ~~11: Fiver tl~~:ridian, and That portiotl of the southwest qu<~rter cif the southeast quarter of said Section 71 lying easterly of the existing ~~~~esterly right-of=~~°ay lime of Camino De Ivlanana as depicted in Docket 13422 at page 228 and F3ocket 13477 at page 18b and Docket 13396 at page 51~~ records of the county recorder of Pima County, Az-izona, and That portion of Dec~cr first>e per Docket 13522 at page 722 as recorded ~-ith the ce,unt~, recorder off- Pirna County, Arizona, acid 'I'he tiYCSt b0 feet of the northeast tltta~rts~r of the southeast quarter of Section 11, Township I2 Sout1~, Range 12 fast, Gila and Salt River ~~Ieridiun, per Book 23 at page 40 of Road ?~~iaps as recorded ~~-ith the county recorder Piina County, Arizonan. See Exhibit ~; attached herefa and made a part hereof. Prepared for anri o~~ the behalf of PSQIYlaSA Marana Project?~'c~. 2i~i~1-52 Psozn_as Project ~~©. 7T1~~tA03:r~1~J3 1'at~-ick ~~IcGan-ity P.I.S =t9=t59 ~ ~ ~~ ~ ~~ ~ ~ ~5~ O FATF2IG'K ~r1cGr1RRITY )i`~ Regular COUncil_MeP~ting -August 18 2009 -Page 158.of 225 ?Q30%~1 V ',_e°gtf' sni_~;xat~~.,~~ ',v at o~i ~t='.~I ~_re~isedd;,c Ps~~e i a; 2 P J y ~. _~ i (~-- I ,,; ~ ~~ - ~E,: ~E~ i 1 i}:r rN_ '!-. C~ ~. t ~~~ ~++ ~._ I p i_ /' ~_ ~ ~.~~_ r~r `~~' ~ t ~ <za! ~ nn ~i, ~ 7s _ _ ,j,i - r _~ ~ r ~c ~ _ ~ L~ `i i r. i ~ [`. ,, F~egula,~ Goun~il Meet~g-Rugust 18, 2009 -Page 159 of 225 ,.. _I_ 4... _ ~ _-~. ~(~~ ~~, i( '~ Lam". i4i ."{ ~`&~;•r3 4 .JI f` ~~ AA ~~~~f~1~ ~~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, August 18, 2009, 7:00:00 PM To: Mayor and Council Item A 2 From: Suzanne Machain ,Human Resources Director Strategic Plan Focus Area: Not Applicable Subject: Resolution No, 2009-140: Relating to Personnel; approving and authorizing an amendment to the Fiscal Year 2009-2010 classified salary schedule adopted by the Town Council on June 23, 2009; adding the position of Utilities Services Supervisor and eliminating the position of Utilities Technology Coordinator; and declaring an emergency Discussion: The attached Resolution accomplishes an amendment to the Town's current FY 2009-2010 Classified Salary Schedule. This amendment comes as a result of the Town's recent restructuring efforts in the Utilities Department and the need to describe a supervisory position responsible for the utility billing and customer service function. This amendment incorporates a new classification entitled Utilities Services Supervisor. The responsibilities of this classification will include supervision over the Town's utility billing system, radio read system and aspects of the telemetry system. The incumbent will be responsible for the supervision of four staff members including two Utility Billing Specialists and two Customer Service Specialists, and will report directly to the Utilities Operations Manager. The Town's comparator jurisdictions for compensation purposes did not offer sufficient data to support a salary placement recommendation. However, when compared to other supervisory classifications with similar levels of education and experience, job function and supervisory span of control, the new classification is most appropriately assigned to salary grade 20 ($47,312 - $70,968). If the proposed new classification is approved by the Council, the title of Utilities Technology Coordinator will no longer be necessary and can, therefore, be eliminated from the plan. Financial Impact: An existing budgeted position will be utilized for this new classification designation. Any associated costs with the implementation of this new classification title will need to be absorbed within the Utilities Department annual budget. ATTACHMENTS: Name: L)escril~tis~n: Type. O Reso re.amendn7en~ to Regular Council Meeting -August 18, 2009 -Page 160 of 225 classified salary schedule (OUf315875).DOC Resal€~tion Resolution ~ EX A - I=Y 09-10 classified salary schedule, amended 8-Qd Exhibit A-classified Salary Schedt+le Exhibit (OU01607d}.pdf Staff Recommendation: Staff recommends that the FY 2009-2010 Salary Schedule be amended to include the new classification of Utilities Services Supervisor at salary grade 20. Suggested Motion: I move to approve Resolution No. 2009-140, amending the Fiscal Year 2009-2010 Classified Salary Schedule by adding the position of Utilities Services Supervisor and eliminating the position of Utilities Technology Coordinator; and declaring an emergency. Regular Council Meeting -August 18, 2009 -Page 161 of 225 MARANA RESOLUTION N0.2009-140 RELATING TO PERSONNEL; APPROVING AND AUTHORIZING AN AMENDMENT TO THE FISCAL YEAR 2009-2010 CLASSIFIED SALARY SCHEDULE ADOPTED BY THE TOWN COUNCIL ON JUNE 23, 2009; ADDING THE POSITION OF UTII,ITIES SERVICES SUPERVISOR AND ELIMINATING THE POSITION OF UTILITIES TECHNOLOGY COORDINATOR; AND DECLARING AN EMERGENCY WHEREAS the Marana Town Code, Section 3-3-1, provides that the Town Council shall adopt a personnel system for classified employees of the Town; and WHEREAS on June 23, 2009, the Town Council adopted a classified salary schedule for FY 2009-2010; and WHEREAS the Town's Personnel Policies and Procedures, Policy 3-3, provides that the Town Manager shall ensure the preparation, development and maintenance of the classification plan; and WHEREAS the Town's Personnel Policies and Procedures, Section 3-3-2, provides that amendments to the classification plan require the approval of the Town Council; and WHEREAS the Town Council finds that amending the Town's classification plan as set forth in this resolution is in the best interests of the Town and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Town of Marana hereby approves the amended classified salary schedule, attached to and incorporated by this reference in this resolution as Exhibit A. SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to implement the amended classified salary schedule in Exhibit A. 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 18t" day of August, 2009. ATTEST: Mayor Ed Honea APPROVED AS TO FORM: Regul oce yn ons n, own e 225 Frank Cassidy, Town Attorney {00015875.DOC /} Town of Marana CLASSIFIED SALARY SCHEDULE* FY 2009-2010 Grade 10 $18,240 $22,800 $27,360 Annual DocumentlmagingClerk Nonexempt $1,520.00 $1,900.00 $2,280.00 Monthly Recreation Aide Nonexempt $8.77 $10.96 $13.15 Hourly Reproduction/Supply Clerk Nonexempt Transcriptionist Nonexempt Grade 11 $20,064 $25,080 $30,096 Annual MailCatrier/Courier Nonexempt $1,672.00 $2,090.00 $2,508.00 Monthly Office Support Assistant Nonexempt $9.65 $12.06 $14.47 Hourly Recreation Center Attendant Nonexempt Grade 12 $22,072 $27,590 $33,108 Annual Customer Service Specialist Nonexempt $1,839.33 $2,299.17 $2,759.00 Monrhly Laborer Nonexempt $10.61 $13.26 $15.92 Hourly Recreation Assistant Nonexempt Recreation Leader Nonexempt Grade 13 $24,280 $30,350 $36,420 Annual Accounts Payable Clerk Nonexempt $2,023.33 $2,529.17 $3,035.00 Monthly Court Clerk Nonexempt $11.67 $14.59 $17.51 Hourly Customer Service Clerk Nonexempt Engineering Assistant Nonexempt Human Resources Technician Nonexempt Grade 14 $26,704 $33,380 $40,056 Annual Administrative Secretary Nonexempt $2,225.33 $2,781.67 $3,338.00 Monthly Court Security Guard Nonexempt $12.84 $16.05 $19.26 Hourly Facilities Technician Nonexempt Fleet Technician I Nonexempt Human Resources Coordinator Nonexempt Grade 15 $29,376 $36,720 $44,064 Annual Accounting Clerk [I Nonexempt $2,448.00 $3,060.00 $3,672.00 Monthly Agenda & Records Clerk Nonexempt $14.12 $17.65 $21.18 Hourly Court Collections Specialist Nonexempt Courtroom Specialist Nonexempt Executive Assistant Nonexempt Inmate Services Coordinator Nonexempt Maintenance Worker Nonexempt Permit Clerk Nonexempt Small Engine Mechanic Nonexempt Utility Billing Specialist Nonexempt Water Backflow Specialist Nonexempt Grade 16 $32,312 $40,390 $48,468 Annual Development Coordinator Nonexempt $2,692.67 $3,365.83 $4,039.00 Monthly Engineering Aide Nonexempt $15.53 $19.42 $23.30 Hourly Fleet Technician II Nonexempt Heating, Ventilating & Air Conditioning (HVAC) Technician Nonexempt Planning Technician Nonexempt Plans Review Technician Nonexempt Project Coordinator Nonexempt Recreation Programmer Nonexempt Right of Way Inspector Nonexempt Senior Permit Clerk Nonexempt Signal Technician I Nonexempt Water Operator I Nonexempt Grade 17 $3S,S44 $44,430 $53,316 Annual Administrative Manager Exempt $2,962.00 $3,702.50 $4,443.00 Monthly Acceptancelnspector Nonexempt $17.09 $21.36 $25.63 Hourly Computer Technician Nonexempt Construction Inspector Nonexempt Regular Council Meeting -August 18, 2009 -Page 163 of 225 EXHIBIT A Town of Marana CLASSIFIED SALARY SCHEDULE* FY 2009-2010 Electric Pump & Well Technician Nonexempt Geographic Information Systems (GIS) Technician Nonexempt Legal Assistant Nonexempt Maintenance Coordinator Nonexempt Real Property Acquisition Agent Exempt Records & Elections Coordinator Exempt Senior Administrative Assistant Nonexempt Senior Maintenance Worker Nonexempt Signs & Markings Technician Nonexempt Water Line Construction Inspector Nonexempt Watei Operator II Nonexempt Grade 18 $39,096 $48,870 $58,644 Annual Building Inspector I Nonexempt $3,258.00 $4,072.50 $4,887.00 Monthly Contracts Analyst Exempt $18.80 $23.50 $28.19 Hourly Council Liaison Exempt Court Probation Monitor Nonexempt Curation Specialist Exempt Foreman Nonexempt Grants & Housing Coordinator Exempt Housing Rehabilitation Specialist Exempt Human Resources Analyst Exempt Payroll Administrator Exempt Recreation Coordinator Exempt Senior Real Property Acquisition Agent Exempt Signal Technician II Nonexempt Special Events Coordinator Exempt Water Line [nspector/Plan Reviewer Nonexempt Grade 19 $43,008 $53,760 $64,512 Annual Building Inspector II Nonexempt $3,584.00 $4,480.00 $5,376.00 Monthly Community Response Manager Nonexempt $20.68 $2S.8S $31.02 Hourly Code Enforcement Officer Nonexempt Deputy Town Clerk Exempt Engineering Technician Nonexempt Facilities Maintenance Supervisor Exempt Geographic Information Systems (GIS) Analyst Nonexempt Management & Budget Analyst Exempt Planner I Nonexempt Plans Examiner Exempt Police Telecommunications Supervisor Nonexempt Risk Management & Safety Coordinator Exempt Senior Accountant Exempt Grade 20 $47,312 $59,140 $70,968 Annual Community Relations/Public Information Officer (PIO) Exempt $3,942.67 $4,928.33 $5,914.00 Monthly Contract Administrator Exempt $22.75 $28.43 $34.12 Hourly COUrt Supervisor Nonexempt Database Analyst Nonexempt Environmental Project Coordinator Exempt Network Technician Nonexempt Parks Supervisor Exempt Planner Il Exempt Police Records Supervisor Nonexempt Project Control Specialist Exempt Public Safety Technology Specialist Nonexempt Purchasing Coordinator Exempt Senior Administrative Manager Exempt Regular Council Meeting -August 18, 2009 -Page 164 of 225 EXHIBIT A Town oFMarana CLASSIFIED SALARY SCHEDULE* FY 2009-2010 a.. xa uss __.:.~~,,, Signal Technician III Nonexempt Utilities Services Supervisor Exempt Utilities Technology Analyst Nonexempt Grade 21 $52,040 $65,OS0 $78,060 Annuat Civil Engineer Exempt $4,336.67 $5,420.83 $6,505.00 Monrhty Crime Scene/Property & Evidence Supervisor Exempt Facilities & Fleet Services Manager Exempt Police Telecommunications Manager Exempt Permit Center & Records Manager Exempt Senior Geographic Information Systems (GIS) Analyst Exempt Senior Human Resources Analyst Exempt Senior Network Analyst Exempt Softwaze Engineer Exempt Senior Plans Examiner Exempt Superintendent Exempt Utilities Coordinator Exempt Grade 22 $57,248 $71,560 $85,872 Annuat Assistant Town Attorney Exempt $4,770.67 $5,963.33 $7,156.00 Monthly Chief Building Inspector Exempt Construction Manager Exempt Employee Relations Administrator Exempt Prinicple Plans Examiner Exempt Technology Supervisor Exempt Traffic Engineer Exempt Grade 23 $62,968 $78,710 $94,452 Annual Capital Improvement Project (C[P) Manager Exempt $5,247.33 $6,559.17 $7,871.00 Monthly Cultural Resources Manager Exempt Database Administrator Exempt Economic Development Administrator Exempt Finance Manager Exempt Intergovernmental Affairs Administrator Exempt Planner III Exempt Police Lieutenant Exempt Senior Software Engineer Exempt Utilities Operations Manager Exempt Grade 24 $69,264 $86,580 $103,896 Annuat Constmction Division Manager Exempt $5,772.00 $7,215.00 $8,658.00 Monthly Court Administrator Exempt Eneineerine Division Manaser Exempt Grade 25 $76,192 $95,240 $114,288 Annual Assistant Public Works Director Exempt $6,349.33 $7,936.67 $9,524.00 Monthly Assistant Utilities Director Exempt Assistant Planning Director Exempt Senior Assistant Town Attorney Exempt Traffic Division Manager Exempt Grade 26 $83,816 $104,770 $125,724 Annual Deputy Town Attorney Exempt $6,984.67 $8,730.83 $10,477.00 Monthly *Excludes positions covered under [he July 1, 2008 -June 3Q 2010 MPOA Agreement Adopted 6/23/2009 * *Fair Labor Standards Act Regular Council Meeting -August 18, 2009 -Page 165 of 225 EXHIBIT A f^ ~~~~~~ ~ ~ ~ V ts+wa'see nxlsi~c 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, August 18, 2009, 7:00:00 PM To: Mayor and Council From: Mayor Honea Strategic Plan Focus Area: Community Building Item B 1 Subject: Resolution No. 2009-141Relating to Boards, Commissions and Committees; standardizing and modifying the terms and term expirations of members of Town of Marana Citizen Advisory Commissions Discussion: Under the newly adopted procedures for Boards, Commissions and Committees, members and alternates of a Citizen Advisory Commission shall be appointed by the Mayor and Council for four-year terms. The names of existing commissioner's were alphabetized and every other name assigned to a two- or four- year term to conform to the new policy for staggered terms. To bring existing CACs into conformity with the new procedure, this proposed resolution will standardize and modify the terms and term expirations of Citizen Advisory Commission members and alternates. ATTACHMENTS: Natne: Description: Type: D CAC_Term Expirations {0_#}{1164?8.4}C~E}C Resolution Resalutian Staff Recommendation: Council's pleasure. Suggested Motion: I move to approve Resolution No. 2009-141, standardizing and modifying the terms and term expirations of Citizen Advisory Commission members and alternates. Regular Council Meeting -August 18, 2009 -Page 166 of 225 MARANA RESOLUTION N0.2009-141 RELATING TO BOARDS, COMMISSIONS AND COMMITTEES; STANDARDIZING AND MODIFYING THE TERMS AND TERM EXPIRATIONS OF MEMBERS OF TOWN OF MARANA CITIZEN ADVISORY COMMISSIONS WHEREAS Marana Ordinance No. 2009.18 modified Marana Town Code Section 2-6-3 by changing the terms of Citizen Advisory Commission members from two years to four years and by eliminating term limits; and WHEREAS the Mayor and Council find that establishing consistent and standard terms and term expirations for members of Marana Citizen Advisory Commissions will simplify the reappointment process; and WHEREAS the Mayor and Council find that the modifications to the terms and term expirations set forth in this resolution are in the best interests of the Town and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, establishing the following term expiration dates for the following Citizen Advisory Commission members and alternates (names of alternates are identified with an asterisk): COMMISSION NAME EXPIRATION DATE Renee Abbett Janua 31, 2011 Eloise Brown Janua 31, 2013 A H Theresa Fehrmann July 31, 2013 FFORDABLE ousnrG Ben'amin Godowski Jul 31, 2011 Ginn Huffman January 31, 2011 Harold Horri an Jul 31, 2013 Connie Steinman Jul 31, 2013 Forrest Hancock Janua 31, 2011 Linda Lammers Janua 31, 2013 Kelle Maslyn January 31, 2011 BUSINESS AND ECONOMIC Steve Miklosi Janua 31, 2013 DEVELOPMENT Amber Smith January 31, 2011 Brandon Thom son Janua 31, 2013 Karen Kavanau July 31, 2013 La Lattomus* Jul 31, 2013 Reguly'~r~ls~~~p~y~~st 18, 2009 -Page 167 of 225 _ 1 _ {00016084.DOC /} COMMISSION NAME EXPIRATION DATE Cheryl Horvath July 31, 2013 Bonnie Koe el Yanua 31, 2013 John Officer 7anuar 31, 2013 Paul Po elka JJuly 31, 2013 P & R Barb Rivoli Janua 31, 2011 ARKS ECREATION Larr Steckler Janua 31, 2011 Tamara Westberg Januar 31, 2011 Jayme Kahle* Jul 31, 2013 Steven Lawley* Jul 31, 2013 Deb Sesow* Jul 31, 2013 Warren Clark Jul 31, 2010 Michael Lektorich Jul 31, 2012 Ga Nicholl July 31, 2010 Jack Noble Jul 31, 2012 POLICE Jim Shaw Jul 31, 2010 Donovan Tatman Jul 31, 2012 Barbara Winters July 31, 2010 Ste hanie Ashcraft* Jul 31, 2013 Eileen Condra* July 31, 2013 Devin Mu by Januar 31, 2011 Marsha Re rutto July 31, 2013 Joe Reill Janua 31, 2011 U Gretchen Jo Rex January 31, 2013 TILITIES Lorraine Steckler Janua 31, 2011 Laura Trostman July 31, 2013 Steve Wacker Janua 31, 2011 Dave Wostenber * Jul 31, 2013 PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 18t" day of August, 2009. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regull'y~a~r~~}D~1y~st 18, 2009 -Page 168 of 225 _ 2 _ {00016084.DOC /} «~~,~ ~ ~~~ 4"`~~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, August 18, 2009, 7:00:00 PM To: Mayor and Council From: Mayor Honea Strategic Plan Focus Area: Community Building Item B 2 Subject: Resolutiop No. 2009-142: Relating to Boards, Commissions and Committees; making appointments to the Town of Marana Citizen Advisory Commissions Discussion: On August 4, 2009, Council adopted ordinances and a resolution to establish a uniform method of making appointments to town Boards, Commissions and Committees. Each Citizen Advisory Commission has seven voting members and alternates who can be appointed as voting members should an active member resign or be removed. Adhering to the procedures adopted, the resolution presented with this item would make appointments to five Citizen Advisory Commissions, taking effect immediately with terms ending July 31, 2013. ATTACHMENTS: Nance: Description: Type: ~ CAC appointments ~0_ Q016Q77j.DC3C Resolution f2esolutian Staff Recommendation: Council's pleasure. Suggested Motion: I move to approve Resolution No. 2009-142, making appointments to the Town of Marana Citizen Advisory Commissions. Regular Council Meeting -August 18, 2009 -Page 169 of 225 MARANA RESOLUTION N0.2009-142 RELATING TO BOARDS, COMMISSIONS AND COMMITTEES; MAKING APPOINTMENTS TO THE TOWN OF MARANA CITIZEN ADVISORY COMMISSIONS WHEREAS Marana Town Code Section 2-6-2 establishes the procedure for Mayor and Council appointments to Marana Citizen Advisory Commissions; and WHEREAS the Mayor and Council desire to fill existing vacancies and find that the appointments addressed by this resolution are in the best interest of the Town and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. Theresa Fehrmann and Connie Steinman are appointed as voting members of the Affordable Housing Citizen Advisory Commission. SECTION 2. Karen Kavanau is appointed as a voting member, and Larry Lattomus is appointed as an alternate member of the Business and Economic Development Citizen Advisory Commission. SECTION 3. Paul Popelka and Cheryl Horvath are appointed as voting members, and Jayme Kahle, Deb Sesow and Steven Lawley are appointed as alternate members of the Parks & Recreation Citizen Advisory Commission. SECTION 4. Stephanie Ashcraft and Eileen Condra are appointed as alternate members of the Police Citizen Advisory Commission. SECTION 5. Laura Trostman is appointed as a voting member, and Dave Wostenberg is appointed as an alternate member of the Utilities Citizen Advisory Commission. SECTION 6. The terms of all members and alternates appointed pursuant to this resolution shall be four years, expiring July 31, 2013. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 18~' day of August, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regul~6~~c~1~ ~~tir~g -August 18, 2009 -Page 170 of 225 - rw-~.-~...., ~~~~~ x~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, August 18, 2009, 7:00:00 PM To: Mayor and Council Item B 3 From: Suzanne Machain ,Human Resources Director. Strategic Plan Focus Area: Community Building Subject: Resolution No. 2009-143: Relating to Boards, Commissions and Committees; appointing members to the Town of Marana Personnel Action Review Board; and declaring an emergency Discussion: On August 4, 2009, the Mayor and Council considered amendments to the Town's Personnel Policies and Procedures relating to PARB member appointments. Those amendments were presented tonight for approval in a separate item. Pursuant to Section 5-7 of the amended policies, the PARB shall be composed of five members. All five board positions are currently open. The terms of the members shall be staggered. Initially, three PARB members shall serve terms of four years; two PARB members shall serve initial terms of two years. Thereafter, the term of office for each PARB member shall be four years. The Town Council shall designate the term of each member when an appointment is made. Per the Personnel Policies, PARB members must be residents of the Town of Marana. Preference shall be given to applicants who have human resources and/or personnel management experience. All PARB members must serve in a voluntary capacity and shall not be compensated, nor shall they receive any benefits from the Town for their service on the PARB. The board vacancies were posted on the Town's website and advertisements were placed in local newspapers. Currently, the Town has received applications from the following individuals: John Anderson Roger Forrester Thomas Hestwood Annie Hoffman Edward T. McCauley Jack Noble A copy of each candidate's application has been provided for Council consideration. Pursuant to Section 2-6-2(E) of the Town Code, the Council may take one or more of the following actions regarding these appointments: 1. Interview one or more applicants either in public or in an executive session scheduled for that purpose. Regular Council Meeting -August 18, 2009 -Page 171 of 225 2. Make one or more appointments. 3. Order the solicitation of additional applications. 4. Take any other action it deems appropriate. ATTACHMENTS: NamL. I:)escr°iption: `1'~`1~~;: ~ Reso re Appointments to PARB {00015700).f3C3C Resolution ResoEtstion Staff Recommendation: There is a sufficient number of qualified applicants to appoint a full PARB. Staff recommends that, at a minimum, the Council appoint three board members so that the Town is able to conduct personnel business in accordance with Personnel Policies. Appointment of the members is at the Council's pleasure. Suggested Motion: I move to approve Resolution No. 2009-143, appointing and to four year terms and and to two year terms on the Town of Marana Personnel Action Review Board; and declaring an emergency. Regular Council Meeting -August 18, 2009 -Page 172 of 225 MARANA RESOLUTION N0.2009-143 RELATING TO BOARDS, COMMISSIONS AND COMMITTEES; APPOINTING MEMBERS TO THE TOWN OF MARANA PERSONNEL ACTION REVIEW BOARD; AND DECLARING AN EMERGENCY WHEREAS Section 3-3-3 of the Marana Town Code provides that the Town Council may adopt personnel rules, regulations and policies that follow the generally accepted principles of good personnel administration; and WHEREAS the Town Council adopted Personnel Policies and Procedures via Town of Marana Ordinance No. 99.12 and Resolution No. 99-38 on May 18, 1999; and WHEREAS on August 18, 2009, the Town Council adopted Resolution No. 2009-133 amending Chapter 5 of the Personnel Policies and Procedures relating to the composition and selection of the Personnel Action Review Board (PARB) and the rules and procedures of the PARB; and WHEREAS there are currently five vacancies on the PARB; and WHEREAS the Council desires to appoint qualified citizens to the PARB. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that and are appointed to four year terms as members of the Town of Marana Personnel Action Review Board. BE IT FURTHER RESOLVED that and are appointed to two year terms as members of the Town of Marana Personnel Action Review Board. BE IT FURTHER RESOLVED that 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 18t" 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 18, 2009 -Page 173 of 225 {00015700.DOC /} ~ ~ ~~~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, August 18, 2009, 7:00:00 PM To: Mayor and Council Item D 1 From: Steve Huffman ,Intergovernmental Affairs Administrator Strategic Plan Focus Area: Commerce, Community Building, Heritage, Progress and Innovation, Recreation Subject: Resolution No. 2009-144: Relating to Intergovernmental Relations; authorizing and directing Town of Marana representatives concerning proposed Arizona League of Cities and Towns Resolutions Discussion: This resolution will authorize Town representatives to represent the Town on the 2010 League of Cities and Towns Resolutions Committee. The Resolution authorizes support of resolutions consistent with the following general policies: A. Protecting all sources of state shared revenues from being used to address state budgetary shortfalls. B. Empowering the Town of Marana with sufficient flexibility to address an expanding and changing variety of local conditions. C. Establishing appropriate means to adequately compensate the town for the costs of complying with state mandated requirements. D. Providing the Town with the means to cope with inflationary cost increases, population growth and escalating service requirements. E. Enabling the Town to provide public services in a more responsive, efficient and cost-effective manner. F. Ensuring that the Town has the ability to provide, manage or operate critical infrastructure necessary to promote or maintain the health and safety of residents, preserve and direct land use and ensure the future sustainability of the community. G. Defining appropriate fiscal and administrative responsibilities within various Town, State/Town and County/Town joint programs. H. Protecting and enhancing state and local economic development tools. ATTACHMENTS: Name: Desc.riptic~t~: 3'~-Y}~e: ~ League Resolution Committee Reso Reno re League Resoluticns Committee Resoi~.itson (0016086},_i~®C ~ Resolutions packet for conference,pcff League Resolution Package Backup Rtlaterial Staff Recommendation: Regular Council Meeting -August 18, 2009 -Page 174 of 225 Staff recommends the approval of Resolution No. 2009-144. Suggested Motion: I move to approve Resolution 2009-144, authorizing and directing Town of Marana representatives concerning proposed Arizona League of Cities and Towns Resolutions. Regular Council Meeting -August 18, 2009 -Page 175 of 225 MARANA RESOLUTION N0.2009-144 RELATING TO INTERGOVERNMENTAL RELATIONS; AUTHORIZING AND DIRECTING TOWN OF MARANA REPRESENTATIVES CONCERNING PROPOSED ARIZONA LEAGUE OF CITIES AND TOWNS RESOLUTIONS BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA, authorizing and directing Town of Marana representatives, on the 2010 League of Cities and Towns Resolutions Committee to pursue the interests of the Town of Marana by supporting resolutions that embody any of the following basic principles: A. Protecting all sources of state shared revenues from being used to address state budgetary shortfalls.- B. Empowering the Town of Marana with sufficient flexibility to address an expanding and changing variety of local conditions. C. Establishing appropriate means to adequately compensate the Town for the costs of complying with state-mandated requirements. D. Providing the Town with the means to cope with inflationary cost increases, population growth and escalating service requirements. E. Enabling the Town to provide public services in a more responsive, efficient and cost- effective manner. F. Ensuring that the Town has the ability to provide, manage or operate critical infrastructure necessary to promote or maintain the health and safety of residents, preserve and direct land use and ensure the future sustainability of the community. G. Defining appropriate fiscal and administrative responsibilities within various Town, State/Town and County/Town joint programs. H. Protecting and enhancing state and local economic development tools. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 18~` 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 18, 2009 -Page 176 of 225 {00016086.DOC /} July 17, 2009 TO: Members of the Resolutions Committee FROM: Councilmember Gerry Whipple; Chairman SUBJECT: PROPOSED RESOLUTIONS AND MEETING REMINDER This memo is to remind you that the first Resolutions Committee meeting will be held at the League Annual Conference at the following time and location: Tuesday, September 1, 2009 Lunch- 12:30 pm (Room TBD) Meeting- 1:30 pm (Room TBD) Hilton El Conquistador Resort 10000 N. Oracle Road, Oro Valley Enclosed with this memo are the current resolution proposals received by the deadline and a meeting agenda. Please review the enclosed resolutions packet and bring it with you to the meeting on the 15`. If your city or town is sponsoring resolutions, you will be asked to explain and possibly answer questions regarding the resolution. Also, please talk with your City/Town Manager and appropriate staff to research the other resolutions and their potential impact to your community. A contact from the sponsoring city or town is listed on each resolution and will be able to answer any questions that you may have. Seeking these answers prior to the meeting will allow the Committee to spend our limited amount of time on debate and voting rather than learning about each resolution. The Committee will be considering 27 resolutions that were submitted by the deadline. As such, your preparation prior to the meeting and your prompt attendance will allow the Committee to complete its work in a timely fashion. The meeting will begin promptly at 1:30 pm with a report of the Resolutions Subcommittee, which is scheduled to meet August 13`h at 11:00 am. The Subcommittee is charged with determining whether each resolution is germane, complete and/or a duplicate of another resolution. The committee will put the resolutions into categories (Recommend, Not Recommend, Important Issues, etc.) and create one or more consent agendas. You will have the option to remove items from any consent agenda for individual discussion. After the report, action will be taken on the consent agendas followed by discussion and voting on any remaining resolutions. Late resolutions will not be considered except in the case of emergency as determined by the Resolutions Committee Chairman. The Resolutions will be formally adopted at the second Resolutions Committee meeting, which will be held at 3:30 pm on Thursday, September 3rd at the Annual Business Meeting. We look forward to seeing you at the meeting. If you have any questions or a change in your plans to attend, please call the League office at (602) 258-5786. Enclosure cc: City and Town Managers or Clerks Intergovs Regular Council Meeting -August 18, 2009 -Page 177 of 225 LEAGUE OF ARIZONA CITIES AND TOWNS RESOLUTIONS COMMITTEE CONFERENCE MEETING Tuesday, September 1, 2009 Lunch - 12:30 pm -Room TBD Meeting - 1:30 pm -Room TBD Hilton El Conquistador Resort Oro Valley, Arizona Councilmember Gerry Whipple; Chairman AGENDA 12:30 pm Lunch for Resolutions Committee Members Room TBD 1:30 pm Resolutions Committee Meeting Room TBD I. Call to Order and Introductions II. Consent Agenda Item Removal Requests III. Adoption of Consent Agenda VI. Discussion and Action on Remaining Resolutions Regular Council Meeting -August 18, 2009 -Page 178 of 225 2010 RESOLUTIONS OF THE LEAGUE OF ARIZONA CITIES AND TOWNS RESOLUTIONS FOR CONSIDERATION BY THE LEAGUE RESOLUTIONS COMMITTEE on September 1, 2009 *****************~:**~************~*********~*********:x*~ (The following resolutions were received by July 10, 2009 for consideration by the League Resolutions Committee.) Regular Council Meeting -August 18, 2009 -Page 179 of 225 RESOLUTION #1 Urges the Governor, State Legislature and Arizona Congressional Delegation to support federal funding for Arizona's ports of entry including the expansion of and. improvement of all forms of federal, state and local facilities and infrastructure related to the trade into and out of the ports of entry in the State of Arizona. Submitted by: City of Douglas, City of Benson, City of Bisbee, Town of Clifton, Town of Duncan, City of Huachuca City, City of Nogales, Town of Patagonia, Town of Pima, City of Safford, City of Sierra Vista, Town of Thatcher, City of Tombstone, City of Willcox, City of Flagstaff, City of Kingman and City of San Luis. A. Purpose and Effect of Resolution: Ports of Entry (POE) can serve as the ideal mechanism for enhanced national security and catalyst for economic growth. Inadequate POEs, however, are detrimental to efforts intended to protect the nation's physical and economic security. Unfortunately, Arizona's outdated POEs are currently among the biggest obstacle to the welfare of the state and safety of the country. The vision for Arizona's border with Mexico is to prepare all of our POEs to contribute to our national security, accommodate commercial demands in today's just in time global economy, promote tourism and ultimately improve the environment and the quality of life in the Arizona-Mexico region. By 2015, major projects will be completed at San Luis, Nogales, Lukeville and Douglas which will dramatically alter how Arizona currently secures our state and conducts business with Mexico. POE investments represent more than $380 million and an additional $100+ million to address the interconnectivity of our ports with the federal highway system. Once complete, Arizona's POE system will become the most modern, effective in the entire United States-Mexico Border region. The process to build and modernize our ports is broken.. This is primarily due to the lack of prioritization and funding by the federal government and the lack of coordination and planning within the federal government funding cycles. The lack of funding combined with an insufficient multi-year source of funding for POEs serves to aggregate the situation and create an unnecessary sense of competition for funding amongst border communities and Border States. The traditional process to get a new POE completed can take at best seven years but more than likely closer to I S years from inception to completion, and in today's economy and security the federal government needs to make allocating funds for POEs a priority. B. Relevance to Municipal Policy: Protecting our border is one of the principle responsibilities of the United States Government. In a post September 11 world, the mission of the Customs service and the Department of Homeland Security has changed from collecting duties and tariffs to prevention of terrorism. With this change come new requirements and more intensive inspection procedures for both goods and people, which have resulted in excessive waits to cross legally. While much attention and resource are dedicated to the area between the POEs (evidence by the $2.4 billion the federal government is spending on building 700 miles of fence), the POEs are where the bulk of the work is done. United States Customs and Border Protection (CBP) data has shown that from 2002-2007 car and car passenger traffic at Arizona POEs have dropped by about 20%, which represent some 4 million less people and about a million less cars entering through the Arizona's POE. During this time frame, pedestrian traffic increased by approximately 2 million pedestrians -thus people are crossing less, and those who do not wish to wait in long lines are crossing on foot as a result of two to five hours border crossing times. Regular Council Meeting -August 18, 2009 -Page 180 of 225 Federal Funding for Ports of Entry RESOLUTION #1 Arizona's POE system handles approximately 400,000 cargo trucks, over 600 trains and over 32 million people that cross the border either in a car, a bus, or on foot each year. Recent trends indicate that volume of cross border traffic will grow significantly. This dramatic reduction in border crossing traffic and increase in border wait times is due to: 1) outdated and heavily overburdened infrastructure, 2) insufficient staffing, 3) new and more intense inspection procedures and 4) restricted ingress and egress facilities. The POEs are also the point of the departure from the United States, which means our POEs process well over 900 million legal border crossings every year. Despite this, the majority of our POEs are over 30 years old making the outdated, technology and heavily overburdened. C. Fiscal Impact to Cities and Towns: Border communities bare the burden of over 900+ million legal crossings every year. Recognizing the desperate need to improve our ports and witnessing the significant delays hti the federal <~overnment, state agencies and municipalities will need to step-in and contribute resources t~~ p:rc~ ent farther harm to our state economy. Because the Federal government did not have available fu nd ~, t h c Arizona Department of Transportation (ADOT) paid for the construction of the Nogales FAST I~u~es (~-~. I million) in 2005-2006. It was ADOT also paid more than 50% of the expansion at Lukeville using state dollars to pay for federal facilities. D. Fiscal Impact to the State: Nationally, our land-based POEs connect the nation with Mexico and Canada while processing approximately 450 million applications for legal entry into the United States and producing well over $700 billion in trade annually. Mexican visitor spending to Arizona's economy results i,rt close to 23,400 wage and salary jobs at eating and drinking establishments, retail and other spending related sectors directly attributable to Mexican visitor spending. Through local purchases of supplies by businesses and spending of income derived from visitor- related jobs, these visitors generate almost 7,000 additional jobs in Arizona in 2007-2008. These jobs account fora total income of $837.24 million and $3.61 billion in sales. The border is clearly a dynamic regiur~ that enhances all aspects of social, economic, commercial and cultural values of Arizona and the Nation. \\ i shout the allocation of federal funding towards POEs and the continuing dramatic reduction inborder crossing traffic and increase in border wait times, Arizona will be at a physical and economic security disadvantage. E. Contact Information: Name: Dr. Michael Gomez Title: Mayor, City of Douglas Phone: (520) 417-7302 Email: A1ma.Andrade(a~~glasaz. o~v Regular Council Meeting -August 18, 2009 -Page 181 of 225 Federal Funding for Ports of Entry RESOLUTION #2 Be it resolved that the State statutes on acquisition of rights of way from State lands be amended so that political subdivisions of the State which are acquiring right of way must receive an offset and credit with respect to the purchase price paid for any enhancement in value to remaining State lands for the increase in value created by any construction of infrastructure on the right of way, increased or improved access and egress, and/or increased or improved availability of utility service. Submitted by: City of San Luis, City of Somerton A. Purpose and Effect of Resolution Municipalities pay the State of Arizona full cash value to acquire rights of way for utilities, streets, and roads when these rights of way must be gained from State lands. These improvements benefit the public. And these construction of these improvements enhance the value of State lands at no cost to the State. Frequently we make the benefiting property owner pay their fair share. We cannot do that with the State. The proposal is in determining fair market value; the State must give local governments an offset and credit for any enhancement in value to the State land. B. Relevance to Municipal Policy This will reduce the cost of right of way from the State significantly maknig it easier to acquire. C. Fiscal Impact to Cities and Towns See above. D. Fiscal Impact to the State It will reduce actual cash paid to the State,: but by' encouraging development of infrastructure to service State lands without cost to the State should enhance the value begond the loss of actual cash paid. The State should gain financially. By limiting the offset to actual enhanced value, the worst that happens to the State is no financial impact; the best is increased value of property. E. Contact Information Name: Glenn Gimbut Title: City Attorney Phone: 928-920-5366 Email: Tenn. imbut mail.com Regular Council Meeting -August 18, 2009 -Page 182 of 225 Trust Lands-Offsets/Credits for Rights of Way Purchase RESOLUTION #3 Support a policy that facilitates acquisition of Arizona State Trust Lands by cities and towns to be used for transportation corridors and/or essential public facilities. Submitted by: City of Lake Havasu City, City of Bullhead City, City of Kingman A. Purpose and Effect of Resolution Arizona has over nine million acres of land currently held in trust for the common schools. Trust lands are constitutionally required to be sold or leased for their highest use and highest appraised value to the highest bidder at public auction. Earning money for Arizona's public schools is the primary mission. of the Trust; however, charging high commercial values for Trust land assets renders acquisition for essential public right-of- way purposes unattainable for most municipal entities. Making public right-of--way more affordable for municipalities would accelerate economic development in the state, provide efficient public transportation and utility corridors, and further enhance the value and desirability of adjacent state lands and other properties. Making the acquisition of Trust land for public right-of--way purposes more affordable would also enable adjacent Arizona communities to actively plan for the construction of transport~~tiun corridors and connecting thoroughfares in, around and between communities. These corridors ~~uuld eas< <~ro~~ing commuter concerns, provide alternative routes for commerce and improve public access to ~urraunding State Trust lands, making those properties even more attractive to developers and increasing their ~ ~~lue to the schools. B. Relevance to Municipal Policy Trust lands are a substantial component of the pmce;s under Arizona's 1998 Growing Smarter program and are integrated into the General Plans of many communit i cs across the state. Some communities, like Lake Havasu City for example, are virtually surrounded by trust land that is needed for necessary public roads and infrastructure, but may only be acquired through public auction for the highest possible value. This situation holds hostage the economic development potential of those Arizona communities that simply cannot afford to pay resort property prices for land that is needed for a read. C. Fiscal Impact to Cities and Towns Although local ~~o~~r7tments may still need to borrow the funds necessary to acquire trust lands for needed public right-of--way and~or I~uilitica, making the public investment more affordable increases the likelihood of public support. Improved access increases the development potential for the adjacent undeveloped land, thereby expanding the economic base of the community and the state. D. Fiscal Impact to the State Any perceived loss of immediate revenue for the Trust would be offset by the economic benefits that result from the improved public access and subsequent enhanced value and development potential for the adjacent Trust lands and other properties. E. Contact Information Name: Charlie Cassens Title: Intergov. & Communications Affairs Manager Phone: 928-854-4212 Email: cassensc~a,lhcaz.gov Regular council Meetin~~~t t~~osr-rR~geL~ ~@l ~~quisition Requirements For Transportation and Public Facilities RESOLUTION #4 Support conservation and protection of open space, plant, animal, water, and other natural resources as value-added to the current and best use value test of State Trust Land Transactions, particularly in those regions of the State where preservation of natural resources is critical to the highest and best use development of undeveloped land in adjacent unincorporated communities, incorporated cities and State Trust lands. Submitted by: City of Sedona, City of Apache Junction, City of Bullhead City, Town of Jerome, Town of Oro Valley A. Purpose and Effect of Resolution Arizona has over nine million acres of land currently held in trust for the common schools. It is generally understood that the Arizona Constitution requires trust lands be sold or leased for the highest appraised value to the highest bidder at public auction. Earning money for Arizona's public schools is the primary mission of the Trust. It has been the opinion of some that this goal is irreconcilable with any goal to preserve state trust land as open space or to use it to preserve wildlife corridors or other similar uses. However, it may very well be that incorporation of open space, wildlife corridors, and other less impactful land uses into the future development of state trust lands could have the effect of enhancing rather than reducing the overall value of such lands. The resolution being proposed would recognize that a higher overall value of the land to the Trust could be obtained in some situations by making consideration for the protection and value of open space, plant, animal and/or water resources a part of the current test for highest and best use. Additional benefits coming from such a policy change would be more sustainable development of the land, better long-term manageability for Cities, Towns and Counties, and further enhancement of the value and desirability of adjacent state lands and other properties. Consideration for the value and benefit of open space and conservation in trust land would enable adjacent Arizona communities to plan for more sustainable development and provide an opportunity to ensure that managed growth occurs in, around and between connnunities. Consideration for open space, plant, animal and or water resources would ease growing concerns of unsustainable growth, provide human/animal interaction and a natural feel to the developable area, allow for cluster-development with consideration for open space, and control the amount of new infrastructure -including infrastructure that adds to the beneficiary base of the State Trust, making lands even more attractive to developers and increasing their value to the schools. B. Relevance to IVlunicipal°Policy Trust lands are a substantial component of the process under Arizona's 1998 Growing Smarter program and are integrated into the General Plans of many communities across the state. Some regions, like the Verde Valley for example, are dependent on the appropriate development of trust land in order to meet important regional goals such as, preserving open space and community character, and insuring that communities do not grow together. This situation can derail efforts for regional cooperation in planning and thwart real opportunities for reasonable, sustainable development that has common benefits to all communities. C. Fiscal Impact to Cities and Towns If state land sales can incorporate consideration of the above-mentioned factors into the calculation of the highest and best use of the land, the resulting fiscal benefits for cities and towns will include improved Regular Council Meeting -August 18, Zoos - Pa~d~g~ Open Space as a Best Use for Certain State Trust Land Parcels RESOLUTION #4 consideration for open space and development methods that value wildlife corridors and preservation increases the development potential for undeveloped land, thereby protecting the values of other nearby land and expanding the economic base of the community and the state. D. Fiscal Impact to the State Any perceived loss of immediate revenue for the Trust would be offset by the economic benefits that result from the improved ratio of development to open space and conservation, the subsequent enhanced value and development potential for the adjacent trust lands and other properties, and sloe in`~ the number of new beneficiaries dependent on the Trust -particularly schools. E. Contact Information Name: Alison Zelms Phone: (928) 204-7120 Title: Assistant City Manager Email: azelms a~sedonaaz.gov_ Regular Council Meeting -August 18, Zoos - Pa~~~b~ Open Space as a Best Use for Certain State Trust Land Parcels RESOLUTION #5 Seek legislation to allow State Trust land to be transferred to a local government or conservation trust or to be purchased without competition by local governments specifically for open space/preservation purposes. Submitted by: City of Scottsdale, Town of Fountain Hills A. Purpose and Effect of Resolution ***~*******:x*** As Arizona continues to grow and further develop, it is important to identify areas of significance and create specific measures that will allow for the protection of these areas from future development. Open space and the preservation of natural areas has been identified as one of the most important issues for Arizona residents living both in rural areas and in areas of rapid growth and increasing urban densities. The State of Arizona manages approximately nine million acres of land held in trust for the benefit of 13 beneficiaries -chief among them are Arizona's public schools. Most of the trust land was given to the State at statehood as a means of generating education revenue for a young westei-~~ state. The provisions which prescribe how Trust lands are to be managed are defined by the Arizona - -1\ ~ ~~ Mexico Enabling Act, the Arizona Constitution and Arizona state laws. At the time of statehood, open space was abundant and the primary focus of trust land management was to generate revenue -- a requirement that remains largely unchanged.. As Arizona's population and developments have grown, there has become a need for maintaining open space in the midst of urban development. Recognizing this need, Arizona's leaders have attempted to create programs or incentives for the preservation of State Trust land. While some of these efforts, such as the Growing Smarter Act, have been of assistance to the preservation of some lands, there is still a need to make direct changes to the guiding principles that dictate the management of State Trust lands to recognize preservation as a management tool. B. Relevance to Municipal Policy The planning and use of land within municipalities' corporate boundaries is one of the primary functions of local government. Identifying lands for preservation is best accomplished at the local level with input from residents working cooperatively withlocal elected officials. C. Fiscal Impact to Citics and Towns Transferring state land to a local government or conservation trust would have a significant financial benefit to cities and towns seeking to dedicate open spaces within their communities. An additional benefit would be gained in instances where State Trust land could be purchased without a competitive auction because the risks of a city or town being outbid by development interests, resulting in a possible long condemnation process, would be eliminated. D. Fiscal Impact to the State Current laws require the State to manage trust lands in the best interest of the 13 beneficiaries. Changes to the appropriate laws to recognize a need for dedicated open space would allow that State to recognize the value of preservation and, in many instances, could allow for an increase in the value of developable lands adjacent to areas that are preserved as open space. Cooperative planning efforts between local governments and state managers would be necessary to ensure that there is an equitable balance to maintain the health of the Trust. Regular Council Meeting -August 18, Zoos - PP~d~ ~~~'ain State Trust Lands to be Transferred to Cities for Open Space RESOLUTION #5 E. Contact Information Name: Bridget Schwartz-Manock Phone: (480) 312-2423 Title: Government Relations Director Email: BSchwartzManock(a~ScottsdaleAZ;gov Regular Council Meeting -August 18, Zoos - Pp~dB~ ~e?t€'ain State Trust Lands to be Transferred to Cities for Open Space RESOLUTION #6 Urges the State Legislature to support the Arizona Heritage Fund and to refrain from diverting funds from the Arizona Heritage Fund in future years. Submitted by: Town of Oro Valley, Town of Queen Creek, City of Kingman, City of Bullhead City, City of Apache Junction, City of Yuma, Town of Marano A. Purpose and Effect of Resolution The State of Arizona, like the rest of the nation, faces a severe economic crisis that has devastated the ability of governments at all levels to provide the same levels of services and programs that have traditionally been funded. Declining revenues necessitate reexamination of all government operations to ensure the continuation of vital and essential government operations while at the same time ensuring compliance ~x~ith budget statutes that require spending only in accordance with expected revenues. The challenge is to ensure that funding decisions made in the short term do not ha ~ e unwarranted or uncorrectable consequences in the future. One area in which cuts would have many negative consequences is in the Arizona Heritage Fund. Since 1990, the Arizona Heritage Fund has helE~~d ~7rotect wildlife, conserve habitat, preserve historic buildings and archeological sites and provide safe play ground equipment for children in community parks, among other accomplishments. Protecting these unportant resources and providing well maintained parks are essential to Arizona's economy, unique quality of life and for the future of our children and grandchildren. B. Relevance to Municipal Policy The funding of the Arizona's parks and wildlife programs have been severely affected by cuts in local, state and federal budgets and Arizona must not allow parks to deteriorate or to close altogether, which would endanger those parks so important to Arizona's economy and that of many communities. In addition, Arizona's wildlife programs need solid, ongoing and predictable funding to withstand the ever-increasing pressures from development, road building and other activities that fragment and destroy habitat. C. Importance of Resolution to You r City or Town The Town of Oro Valley is the home i~l"several large high tech industrial employers, whose employees desire to live in a community that provides ample parks and wildlife programs for their children. In addition, the Town has relied upon Ariri~na Heritage Fund grants for the restoration of the Steam Pump Ranch historic site, the creation of a dog park and facility improvements at one of our community parks. The Town of Oro Valley believes it is in the best interest for the health, safety and welfare of the residents and the State of Arizona to leave the Arizona Heritage Fund intact and not to divert funds from the Arizona Heritage Fund during upcoming fiscal years. D. Fiscal Impact to Cities and Towns The availability of parks, historical properties and wildlife programs in close proximity to Arizona's cities and towns can be expected to have a positive fiscal impact. The ability of cities and towns to attract and retain clean, high-paying jobs based upon the availability of outstanding recreational and historical facilities will result in a positive impact to our economy with long term improvements to local property and sales tax bases. Regular Council Meeting -August 18, 2009 -Page 188 of 225 Support Heritage Fund RESOLUTION #6 E. Fiscal Impact to the State While the appropriation of funding for the Arizona Heritage Fund will have an immediate effect upon state budget appropriations, this investment will pay off many times over for the State's future economy through an increased per capita income from a highly educated workforce who move their families here, as well as direct increases in tax payments from industries that will select Arizona over other competing locations in which to locate their headquarters, manufacturing, research and other facilities whose employees insist on a full service community. F. Contact Information Name: Tory Schlievert Phone: (520) 229-4700 Title: Management Assistant Email: tschlievertnao,orovalle~~a~~~~ov Regular Council Meeting -August 18, 2009 -Page 189 of 225 Support Heritage Fund RESOLUTION #7 Urges the State Legislature to fully fund public education and higher education programs, especially at post- secondary levels throughout the State of Arizona. Submitted by: Town of Oro Valley, City of Sierra Vista, City of Yuma, Town of Marana, Town of Queen Creek A. Purpose and Effect of Resolution The State of Arizona, like the rest of the nation, faces a severe economic crisis that has devastated the ability of governments at all levels to provide the same levels of services and programs that have traditionally been funded. Declining revenues necessitate reexamination of all government operations to ensure the continuation of vital and essential government operations while at the same time ensuring compliance with budget statutes that require spending only in accordance with expected revenues. The challenge is to ensure that funding decisions made in the short term not have unwarranted or uncorrectable consequences in the future. One area in which it may appear deceptively simple to reduce spending is in education, especially at the college and university level. However, to reduce or curtail educational programs at the State's universities will have the dramatic and wholly unintended consequence of placing Arizona and its cities and towns at a severe competitive disadvantage compared to the rest. of the nation in terms of attracting and retaining high level, technologically oriented industries that view the proximity of outstanding higher education facilities as a prime factor in determining where to relocate. The availability of outstanding educational facilities is important not only because it provides a ready supply of highly qualified potential employees, but also because it allows these industries to satisfy the needs of their existing employees for top quality educational opportunities for their own families. Simply put, quality educational facilities are an important economic engine that can make the difference between Arizona becoming and remaining an attractive locale for high quality, desirable industries, or Arizona remaining just another warm weather location that is unable to meaningfully compete for the types of clean, high value industries that every locale in the country seeks to attract. B. Relevance to Municipal Policy The funding of education will be in keeping with the policy of the Town of Oro Valley to provide a first quality environment that is conducive to the attraction and retention of clean, high tech industries such as pharmaceutical research that brims high-paying employment opportunities to the Town, the region and the state, and that provides a necessary and ongoing stimulus to the local and statewide economies. C. Importance. of Resolution to Your City or Town The Town of Oro Valley is currently the home of several large high tech industrial employers, all of which have expressed ongoing concerns about the quality of education not only for their own employee recruitment, but also for their ability to ensure their existing employees that the quality of education that their families will receive will be comparable if not superior to educational opportunities that they would enjoy elsewhere. It is in the best interest for the health, safety and welfare of the residents of the Town of Oro Valley and the State of Arizona to preserve funding for all levels of education within Arizona in order to protect the future integrity of our public schools and the future of Arizona. Regular Council Meeting -August 18, 2009 -Page 190 of 225 Fully fund Public Education and Higher Education Programs RESOLUTION #7 D. Fiscal Impact to Cities and Towns The availability of high quality educational facilities in close proximity to Arizona's cities and towns can be expected to have a positive fiscal impact. The ability of cities and towns to attract and retain clean, high-paying jobs based upon the availability of outstanding educational facilities will result in a positive impact to our economy with long term improvements to local property and sales tax bases. E. Fiscal Impact to the State While the appropriation of funding for higher education will have an immediate effect upon state budget appropriations, this investment will pay off many times over for the State's future economy in terms of increased per capita income from a highly educated workforce, as well as direct increases in tax payments from industries that will select Arizona over other competing locations in which to locate their headquarters, manufacturing, research and other facilities that directly employ a skilled and educated workforce. F. Contact Information Name: Tory Schlievert Title: Management Assistant Phone: (520) 229-4700. Email: tschlievert(~uorovalleyaz.g_ov Regular Council Meeting -August 18, 2009 -Page 191 of 225 Fully fund Public Education and Higher Education Programs RESOLUTION #8 Support the maintenance and continued funding of the Housing Trust Fund administered by the Arizona Department of Housing. This flexible funding source is critical to smaller communities' efforts to assist the most vulnerable populations in achieving safe and decent housing. Submitted by: City of Flagstaff, City of Kingman ***~:x******:x*** A. Purpose and Effect of Resolution Support public efforts to provide suitable housing and the continued maintenance and fielding of the Housing Trust Fund ("HTF") administered by the Arizona Department of Housing. The HTF is a critical tool for communities in providing safe and decent housing for vulnerable and low-income populations, especially the smaller and rural communities. The funds have provided shelter for the homeless, eulergency response to fire closures, health and safety repairs for the elderly and disabled, homeownership opportunities and many other important functions. For communities not eligible for Federal and alternative .sources, which are available to major metropolitan communities, this resource is vital to serving those who are unable to help themselves. Additionally, the level of flexibility in the HTF allows it to serve populations outside what most Federal funding sources are restricted to. The HTF must be funded at a level able to sustain the valuable role it plays in Arizona's housing. B. Relevance to Municipal Policy The support of the HTF will preserve cities'/towns' ability to provide safe and decent housing for vulnerable populations. It can provide projects or act as leverage for local, Federal and private dollars which combine to produce expanded tangible benefit. The reduction of HTF funds restricts cities'/towns' ability to provide safe and decent housing and shelter. C. Fiscal Impact to Cities and Towns The fiscal impact on cities/towns is the sustained ability to apply for and utilize HTF dollars to serve vulnerable populations, react to urgent situations, and leverage outside funds to complete important projects. D. Fiscal Impact to the State The HTF is already a program of the State and has been a valuable and effective one. The preservation of its funding would potentially require reductions from other sources to address the current and anticipated State budget situation. E. Contact Information Name: Jim Wine Phone: 928-779-7685, ext. 7299 Title: Deputy City Manager Email: iwine(a~fla stg affaz.gov Regular Council Meeting -August 18, 2009 -Page 192 of 225 Support Housing Trust Fund RESOLUTION #9 Identify and establish funding sources for Arizona Water Supply Revolving Fund Development authorized by Laws 2007, Chapter 226. Submitted by: City of Flagstaff, City of Bullhead City A. Purpose and Effect of Resolution Laws 2007, Chapter 226 contains the statement that the Legislature finds that many water providers in Arizona, particularly in rural areas, lack access to sufficient water supplies to meet the long teni~ ~~ ~~ter demands and these providers need financial assistance to construct water supply projects and obtain additional water supplies. The purpose of this resolution is to add to this Act additional revenue sources that would provide dependable, long term financial assistance consistent with the legislative .intent. B. Relevance to Municipal Policy There is no funding available to support water supply development in rural Arizona. ~1s surface water supplies dwindle and aquifers are reduced due to consumption, potential climate change;, ~~<iter supplies need to be augmented for sustainability, the economic well being, and quality of life in.Arizona. The lack of water will impact the environment, recreation, tourism and second home development even in the areas which have dependable water supplies. Water conservation is a solution for somr areas but most of rural Arizona has already developed this to a large extent. This will require financing of large rural projects if rural Arizona is to pay "their own pay" for these projects. A funding mechanism nrcds to be enacted to insure monies are available for loans or other funding solutions are available for these cnnununities. Long term financing is needed so that cities and towns in rural Arizona do not deplete their uonding capacity to finance large water projects or they simply will not be able to afford these water supply projects. This is an issue that is not isolated to rural Arizona and will have an impact on larger municipalities as water becomes scarce. C. Fiscal Impact to Cities and Towns The source of revenue for the Water Supply Fund must be matched to the ultimate size and the length of time needed to accrue a sufficient amount of funds to offer loans. A large number of big water projects are needed throughout Arizona for a long terns and the revenue sources need to provide a permanent, dependable, and sufficient inco~r~e for a long period of time. Assets in a sufficient quantity to serve the water development needs of Arizona. are needed and must be dependable. D. Fiscal Irn~act tothe State Potential revenue sources:. include additional property tax allocations (Ad valorem taxes), annual groundwater withdrawal fees for water pumped, transaction privilege tax or a tax assessed on the sale of water, impact fees on new development based on their use of water, well impact fees for new ground water well development and/or more appropriations from the Legislature. E. Contact Information Name: Jim Wine Title: Deputy City Manager Phone: 928-779-7685, ext. 7299 Email: jwine a~flagstaffaz. ov Regular Council Meeting -August 18, zoos -Page 1 g3 of 22s Fund the Arizona Water Supply Revolving Fund RESOLUTION #10 Seek protection from the legislative sweeping of dedicated funds for dedicated community and local purposes. Submitted by: City of Bullhead City, City of Kingman, Lake Havasu City A. Purpose and Effect of Resolution The purpose of this resolution is to increase the League's focus on preventing the sweeping of funds that are collected for specific purposes but are used for other purposes. If passed, the effect of the resolution would require additional League resources be used to advocate for the preservation of dedicated funds. B. Relevance to Municipal Policy To varying degrees, Arizona cities and towns rely upon dedicated state-appropriated accounts to grant funds for local projects including, but not limited to: park improvements, recreation and tourism related amenities, public transit operations, housing projects, airport improvements, and law enforcein~nt equipment. Many dedicated funds are created using specified revenue collected from users who will benefit from the intended function of the fund. It is important to our states' residents and guests that the taxes paid for specific purposes to enhance the quality of life in local communities are used to develop and enhance the services enjoyed by residents and tourists. To continue to allow the sweeping of dedicated funds into the State's General Fund is disrespectful to the local and visiting tax payer whose contributioua belong in the fund to which they were intended. Arizona depends heavily on tourism, and the sweeping of state funds dedicated to enhance tourism related services is counter productive. C. Fiscal Impact to Cities and Towns The sweeping of dedicated funds directly impacts Arizona's cities and towns by not providing essential funding for planned and locally approved projects. D. Fiscal Impact to the State A prohibition against the practice of sweeping dedicated state funds would impact the state during times of deficit by eliminating a general fund revenue source. E. Contact Information Name: Rob LaFontaine Title: Administrative Analyst Phone: (928) 763-0157 Email: rlafontaine(a~bullheadcity.com Regular Council Meeting -August 18, 2009 -Page 194 of 225 Protection of Dedicated Funds RESOLUTION #11 Support legislation that replaces the term `blighted' with `Redevelopment Area' in state statutes that regulate community redevelopment projects. Submitted by: City of Lake Havasu City, City of Bullhead City, City of Kingman A. Purpose and Effect of Resolution Much has been said and done pertaining to eminent domain placing limits on its use and defining what a public purpose is. However, a requirement to declare an area as "Blighted" evokes eminent domain powers and makes property owners and the public's approval for a worthy redevelopment project much more difficult. The definition of blight in state statues is well documented and the desire is not to change that definition as related to eminent domain powers. However, as related to redevelopment projects not using eminent domain powers; this proposal seeks to change the term back from "blighted" to "Redevelopment Area". This language is consistent with previous actions taken on this topic, but is to be limited to redevelopment projects not involving eminent domain powers. B. Relevance to Municipal Policy The goal of this proposal is to reduce the need to use eminent domain authority granted to local governments by removing the social stigma of first having to declare an area is blighted. This leveling of the playing field will allow more meaningful public and owner interaction with local authorities without having to overcome the outcry created by declaring a property owner's investment as b i ~,ht or a slum. The very issue resulted in the loss of a potentially beneficial project in Lake Havasu City. Property owners unleashed outrage around the need of local officials to define the redevelopment area as blighted, which effectively killed what many believed to be a good project for the community. The subject developer became concerned with how vocal adjacent. business owners were becoming and with the City Council's unwillingness to use eminent domain powers to force the property owners to sell their land or businesses. C. Fiscal Impact to Cities and Towns This proposal v, ill nc~t have a direct fiscal impact on Cities and Towns. However, every effort must be made to give a redevelopment project the best chance of success without having to resort to the use of condemnation powers. This is a low-cost fix that has the potential to provide local governments with large returns when a redevelopment project becomes reality. Indirect benefits include a more diverse economic base, increase tax revenues, and more. jobs. D. Fiscal Impact to the State Indirect benefits include a more diverse economic base, increase tax revenues, and more jobs. E. Contact Information Name: Charlie Cassens Title: Intergov. & Communications Affairs Manager Phone: 928-854-4212 Email: cassens~lhcaz.gov Regular Council Meeting -August 18, 2009 -Page 195 of 225 Redevelopment Areas/Economic Development RESOLUTION #12 Recommend that the State of Arizona continue to support retention of existing economic development tools and programs and increase access to new tools for cities to help them remain competitive nationally and internationally. Economic development remains a strong driver to the State's economy by providing high wage jobs and thereby increasing revenues to municipalities and the State. Submitted by: City of Flagstaff, City of Kingman, City of Maricopa A. Purpose and Effect of Resolution Although a resolution addressing economic development was submitted last year and was accepted by the committee, it is important that economic development continue to be a goal for the League given that 91 percent of the state's income tax revenues come from municipalities. Cities and towns are the economic engines that positively impact the state's financial well being. In order to attract new, high-wage jobs to Arizona to sustain our economic. health it is crucial that we have adequate tools to be competitive. Cities and towns need additional support from the State for new job attraction because they frequently must compete with not only a city in another state but also with a state government. In addition, we are now often competing internationally for companies. Arizona's competitive edge against these areas has been diminished. The purpose of this resolution is to maintain existing programs like the GPLET and job training funding while identifying and implementing new programs that assist municipalities in their efforts to attract new business, keep current business, and retain business expansion in the state. B. Relevance to Municipal Policy The disparity between the cost of living and availability of good paying jobs is significant, especially in Flagstaff and other rural communities. High wage jobs-.are critical for the economic health of Arizona's cities and towns. Unfortunately, Arizona lacks the economic tools to assist municipalities in attracting high-wage employers. Individual municipalities require significantly more incentives than can be provided solely through local funding in order to be successful. C. Fiscal Impact to Cities and Towns Creating and funding economic development programs to support local government's efforts to bring business to Arizona would allow both the state and municipalities to experience increased employment and tax revenues. State programs are critical in the effort to attract new business to Arizona or to assist a local business that is considering expanding in another state rather than expanding in Arizona. D. Fiscal Impact to the State Creating and funding economic development programs to support local government's efforts to bring business to Arizona, both the state and municipalities would experience increased employment and tax revenues. Existing programs need to be maintained and reinforced to remain competitive. Regular Council Meeting -August 18, 2009 -Page 196 of 225 Retain and Enhance Economic Development Tools RESOLUTION #12 E. Contact Information Name: Jim Wine Phone: 928-779-7685, ext. 7299 Title: Deputy City Manager Email: 'wine fla staffaz. ov Regular Council Meeting -August 18, 2009 -Page 197 of 225 Retain and Enhance Economic Development Tools RESOLUTION #13 Request and encourage the Arizona State Legislature to establish the mechanism for the creation of sustainable energy financing district authority. In addition, encourage the Arizona State Legislature to identify and define energy. efficiency and renewable energy as a public benefit that enhances the public good and promotes the health, safety, prosperity, security, and general welfare of the community. Submitted by: City of Flagstaff, City of Bullhead City A. Purpose and Effect of Resolution Sustainable energy financing district authority enables local government to create a financing mechanism to provide up front funds to residential and commercial property owners for energy efficiency improvements and renewable energy systems. Property owners can opt in to finance energy improvements and renewable energy installation on their property and repay financing through a property tax assessment. Energy efficiency and renewable energy creates an opportunity to utilize our nation's resources wisely and secure reliable, clean, and safe energy. In the current economic climate the upfront financial commitment necessary to implement energy efficiency retrofits and deploy renewable energy installations is often a barrier for property owners. Energy efficiency and renewable energy financing programs can remove these barriers. In Arizona, energy efficiency and renewable energy fmancing programs have significant potential to stimulate the state's economy and transition residents to sustainable energy use and production. Such programs can deliver benefits beyond energy independence, including a new source of workforce stabilization and development, increase value and comfort of buildings, protection from increasing energy costs and increased community awareness. Energy efficiency and renewable energy financing programs have been developed in numerous communities across the nation. The states of California and Colorado have passed legislation that allows city and county agencies to establish sustainable energy financing district authorities, defines energy efficiency and renewable energy as a public benefit, and grants the authority toissue bonds. The federal government currently encourages the installation and use of renewable energy through a series of federal tax incentives and credits. Arizona also has several tax incentive -based programs to encourage the production of renewable energy. These incentives collectively make renewable energy projects more affordable only after installation but do little to address the upfront financial commitment. Improving the energy efficiency of existing structures and deploying renewable energy installations supports Arizona House Bill 2638, which requires towns, cities, and counties with a population greater than 150,000 to adopt an energy element to their planning policies that will encourage and provide incentives for the efficient use of energy. The bill also requires that community general plans contain an assessment that identifies policies and practices that will provide for the greater use of renewable energy sources. In addition, this resolution builds on House Bill 2355, which is currently in the house. This resolution also supports the efforts of the American Recovery and Reinvestment Act of 2009 efforts to jumpstart our economy and save and create millions of jobs. Furthermore, this resolution supports Arizona regulated utilities' efforts to meet the Arizona Corporation Commission's Renewable Energy Standard that requires 15% of their energy generation to come from renewable resources by 2025. Regular Council Meeting -August 18, 2009 -Page 198 of 225 Sustainable Energy Financing District Authority RESOLUTION #13 Additionally, Flagstaff and many other cities and towns in Arizona have signed-on to the U.S. Mayor's Climate Protection Agreement in 2006 and have committed to reduce the community's greenhouse gas (GHG) emissions by 7% below 1990 levels by 2012. Supporting the creation of sustainable energy financing district authority directly supports this goal, as well as the Governor's Executive Order No. 2006-13 which established a statewide goal to reduce Arizona's future GHG emissions to the 2000 emissions level by 2040. B. Relevance to Municipal Policy This resolution would support cities that choose to promote energy efficiency and renewable energy practices within their communities. Many of Arizona communities are working to improve the efficiency of existing building stock in the residential and commercial sectors to promote sustainability and help protect community .members from rising energy costs. C. Fiscal Impact to Cities and Towns Sustainable energy financing district authority would allow local governments to ~~roactively provide a mechanism for property owners to decrease their fossil fuel use and increase energy cost. savings. Establishing sustainable energy financing district authority and municipal financing programs can remove upfront financial barriers for property owners that would like to incorporate energy efficiency retrofit and renewable energy projects. Incorporating opt-in participation to the program protects property owners that do not choose to participate unlike a standard district. Incremental pay back either through property tax or utility bills ensures the loan stays with the property. Thus, funds that would otherwise have paid higher operating costs are freed to pay for other municipal priorities. D. Fiscal Impact to the State There are no fiscal impacts to the State. Sustainable energy district authority would allow for opt-in energy efficiency and renewable energy financing programs at the fiscal responsibility of the property owner. E. Contact Information Name: Jim Wine Phone: 928-779-7685. ezt. 7~~~~~ Title: Deputy City Manager Email: ~wl ine(u~fla stg affaz.~ov Regular Council Meeting -August 18, 2009 -Page 199 of 225 Sustainable Energy Financing District Authority RESOLUTION #14 Urges the Governor and the State Legislature to develop and pass legislation that supports the implementation of the 2006 recommendations from the Governor's Emergency Medical Services Access Task Force to address the shortage of physicians in the State of Arizona. The League encourages the Legislature to be consistent with Task Force recommendations, including: expanding the level of Graduate Medical Education (GME) funding; expanding medical school capacity within the state universities; addressing issues affecting the attraction and retention of physicians from out-of-state; reducing obstacles to medical practice in Arizona; and addressing any other major issues that affect a physician's decision to locate or remain in Arizona to practice. Submitted by: City of Sierra Vista, City of Bisbee, City of Eloy, City of Kingman, Town of Oro Valley A. Purpose and Effect of Resolution Part II of the 2005 Arizona Physician Workforce Study, conducted by specialists from the University of Arizona and Arizona State University, identified that since 1992 to 2004, Arizona's physician supply is not keeping up with its population growth. The situation has not gotten any better. Arizona has 219 physicians per 100,000 population, well below the national average of 293 per 1.00,000. Rural communities in the state are affected by the shortage even more, with one county at under 60 physicians per 100,000. Specialty physicians are particularly difficult to recruit and retain. By way of example, the City of Sierra Vista's regional hospital is now the only location in all of Cochise County in which a woman can deliver a baby outside of a setting in which emergency services are available. On May 25, 2006, Governor Napolitano signed Executive Order 2006-09, forming the Emergency Medical Services Access Task Force. This Task Force obtained and reviewed data and public input on the issue of physician shortage, with an emphasis on access to emergency care. The Task Force developed a number of recommendations that were presented in a report on December 13, 2006. No legislation has been implemented to improve the situation to date. Since approximately 60% of physicians who complete their training in Arizona teaching hospitals remain to practice within the state, enhancing the Graduate Medical Education (GME) program is a critical component to addressing this shortfall; one of the Task Force's recommendations. The Task Force also recommended reducing obstacles to medical practice in Arizona. Recruitment and retention of physicians is hampered throughout the state by higher professional liability premiums as compared to other states, and this is certainly an obstacle needing attention. B. Relevance to Municipal Policy Health care is a key component of the overall quality of life for any community. It is an attraction and retention component for both business and military activities, both of which are the backbone of the state's economy. An adequate supply of physicians is the foundation of quality healthcare, and although most barriers to physician recruitment and retention are beyond the direct control of local government, the health of our citizens should be a strong consideration for local legislative input and advocacy. The National League of Cities has incorporated citizen health in its overall federal legislative platform by developing and advocating for health programs for children and youth. Regular Council Meeting -August 18, zo4~~4to>~~rgency Medical Services Access Task Force Recommendations RESOLUTION #14 C. Fiscal Impact to Cities and Towns There should be no negative fiscal impact on Cities and Towns. To the contrary, not only will there be an intrinsic gain to Cities and Towns in overall quality of life of their residents if accessibility to health care is improved, but all communities in the state can use improved health care as an economic development tool in the future. D. Fiscal Impact to the State Implementation of some of the Task Force recommendations will require additional investment by the state in medical education. However, some recommendations can be implemented with little to no affect on state finances. But like the cities and towns, improvement in access to health care results in an improvement in the ability of the State to attract corporations who value health care access as a major factor in relocation to Arizona. In addition, more physicians in the rural areas of the state will reduce the number. of trips on already overcrowded roadways that residents from those areas make to the Phoenix or Tucson in~tropolitan areas to seek treatment. E. Contact Information Name: Mary Jacobs Title: Assistant City 1v9~~nager Phone: 520-458-3315 Email: mjacobs c~ci.sir_rra-vista.az.us Regular Council Meeting -August 18, 2o4gtl~4t°l~rgency Medical Services Access Task Force Recommendations RESOLUTION #15 Urging the legislature to allow the formation of a Service Maintenance District in a developed community in the event of HOA insolvency. In general, current statute requires SO% plus one of property owners within a district to form or amend a district. This proposes to allow the formation of a Service Maintenance District in the event of HOA insolvency with a vote of 50% plus 1 of the registered voters residing in the affected proposed district. (Generally contained in A.R.S. Title 48). Submitted by: City of Surprise, City of Sierra Vista A. Purpose and Effect of Resolution HOAs throughout Arizona are facing insolvency as revenues and assessments decline and empty or abandoned properties increase. In the event of HOA dissolution, HOA common property will become abandoned and unmaintained. Cities and towns have no legal footing to enter onto or maintain such properties, no matter the wishes of the property owners in the now-defunct HOA. The only legal remedy available to cities and towns is code enforcement action, which can result in the loss of assets to the connnunity, such. as closed swimming pools. While under existing law, cities and towns do not have statutory authority, and residents may not petition the city, to establish a Service Maintenance District, 50% plus one of all the property owners is required. A statutory change is needed to allow the creation of such districts in a more timely fashion. This change should include an establishment process that allows registered voters living in the proposed district to petition for its creation, not limiting participation to those who own property in the district. A maintenance district would permit the city to maintain common property and swimming pools, that residents in the District are willing to pay for. A. Relevance to Municipal Policy It is in the interest of the cities or towns to prevent HOA common areas from becoming blighted due to insolvency. Municipalities do not have the statutory authority or (in most cases) the resources to do so. The concept of a Service Maintenance District provides a mechanism for registered voters in the proposed district to seek maintenance service from the city or town, and for the municipality to recover the cost of maintaining the property in that district. C. Fiscal Impact to Cities and "Towns The formation of a Service Maintenance District would be funded by a tax on the benefit property in the proposed district, with no Fiscal impact to the municipalities. D. Fiscal Impact to the State There is no proposed appropriation of state funds, tax credits or other impact to the state budget. E. Contact Information Name: Michael Celaya Title: Intergovernmental Relations Director Phone: (623) 222-3623 Email:michael.celaYa(a~surpriseaz.com Regular Council Meeting -August 18, 2009 -Page 202 of 225 Service Maintenance District and HOA Insolvency RESOLUTION #16 Urges the Legislature to modify State Statutes to allow cities and towns to request a price range in a Request for Proposal or Statement of Qualification solicitation for Professional Services. Submitted by: City of Prescott, Town of Prescott Valley, City of Bullhead City *********:x***:~* A. Purpose and Effect of Resolution This resolution proposes to modify State Statutes 34-103 and 34-603 to allow municipalities to request a price range for the fees associated with the services listed in a Request for Proposal/Statement of Qualifications (RFP/SOQ) solicitation. The price range will only be one of several criteria used to evaluate the proposals and would not be allowed to be weighted more than 20% of the total score. B. Relevance to Municipal Policy 34-103 does not allow a municipality to consider fees for services in the selection process for certain professional services. This has led to many instances where municipalities spend weeks in the selection process and find that the fees charged by the #1 rated firm far exceed the budgeted amount. The municipality is then required to restart the negation. process with the #2 firm, and so on until a fee within the budgeted amount is agreed upon. In some cases, the municipality has to reissue the RFP/SOQ because they are unable to reach an agreement on fees, resulting in months of delay in starting a project and increasing the costs associated with the project. The RFP/SOQ process is an important component cif anv municipality's Capital Improvement Program. Any delay to the process will ultimately result in increased costs to the citizens of the municipality. Having the ability to evaluate the fee structure range at the beginning of the process will enable a municipality to save time and start the project sooner. C Fiscal Impact to Cities and Towns This provision should allow municipalities more timely completion of their needed capital projects and other projects requiring professional services, as well as ultimately saving the taxpayers money. D. fiscal Impact to the State There should be no increased fiscal impact to the State. E. Contact lnfoirmation Name: Connie Tucker Title: Management Analyst Phone: 928-777-1144 Email: connie.tucker(a~cityofprescott.net. Regular counca Meeting - august ~sAzA6~v~~~2~r price Ranges on Fees in RFQ/SOQ's for Professional Services RESOLUTION #17 Amend Title 39-121.01 (D) to allow additional fees for voluminous or substantial public records requests. Submitted by: City of Prescott, Town of Prescott Valley, City of Bullhead City, City of Yuma A. Purpose and Effect of Resolution Municipalities conduct hundreds of public records requests each year. While the majority of such requests are routine, and involve only minimal amounts of documents or a specific document, a small percentage of the records requests require intensive staff time to research and copy the requested recce ds. At a time when municipal budgets are strained and staff increases are unlikely, these voluminous requests will have a significant impact on city staff. Amending Title 38 to provide for and cover the actual staff time and costs for these requests by allowing municipalities to assess a search fee and actual hourly fees to recoup the employee costs involved in fulfilling these voluminous requests will help prevent unduly burdensome and expensive requests, including frivolous type requests, from being foisted on the general public. Our proposal is that requests involving in excess of 100 pages of documents, or tho~~ which involve substantial amounts of research, location and assembly time by city staff, involving in excess of one hour of staff time (such as archival requests for voluminous documents, substantial historical and data base research, and many other such requests, which could also include requests such as all e-mails beri~~een two particular agencies or within a department, such as a police department, etc) be billed at the actual costs of the clerical and staff time for such personnel as are necessarily and actually involved in processing the request. B. Relevance to Municipal Policy Transparency is essential to municipal government and processing public records requests is one component of that transparency. However, some requests are tendered, whether inadvertently or otherwise, entailing undue expense and cost to local government and of course, ultimately the taxpayers. The amount of resources required to respond to a small percentage of voluminous records requests, and these appear to be increasing exponentially, are not adequately covered within the statutory limitations for fees. Often, huge boxes of archival material, e-mails, and massive document searches cause hours of staff time and expense. Currently there is no incentive for requesting parties not to focus their inquiries to what they actually are seeking and some of the many requests appear to be excessive or actually designed or intended to be burdensome or oppressive. Establishing a reasonable, actual cost fee for these searches will encourage persons to be more specific and directed in their public records requests and will ensure that the extreme costs and time involved in huge requests will not be an additional burden on already strained municipal resources. Again, by way of example, some requests are very vague and over-broad, i.e. "all e-mails" when a city receives tens of thousands of e-mails in a week, or "all documents related to Project X" where Project X is amulti-phase, multi-year project that :involves a literal truckload of documents. These types of requests involve excessive staff time, ultimately cost i gig our citizens. Our city and many others have received numerous such requests this past year. If the requestors had to pay for the actual costs associated with these requests, the requestors may be inspired and would have incentive to narrow the scope of the request and limit it to the documents they truly want. Currently, there is no such incentive and no method for the government to recover the excessive time and costs foisted upon the taxpayers and municipal departments. Regular Council Meeting -August 18, 2009 -Page 204 of 225 Additional Fees for Voluminous Public Records Requests RESOLUTION # 17 C. Fiscal Impact to Cities and Towns Cities would be able to recover the actual costs associated with complying with the public records requests, allowing strained staff and financial resources to be used for local services. Requestors desiring huge truckloads of documents should reasonably bear the actual staff time and costs for their voluminous requests. D. Fiscal Impact to the State The State would also be able to recover its actual costs as well when processing public records requests. E. Contact Information Name: Connie Tucker Phone: 928-777-1144 Title: Management Analyst Email: Connie.tucker(a~cit~fprescott.net: Regular Council Meeting -August 18, 2009 -Page 205 of 225 Additional Fees for Voluminous Public Records Requests RESOLUTION #18 Requests that statutes, including A.R.S. X39-204, requiring publication of notices, agendas, reports, and other statutorily mandated publications, in a newspaper, be amended to allow cities and towns the option to publish on an official website. Submitted by: City of Yuma, City of Bullhead City, City of Sierra Vista A. Purpose and Effect of Resolution *************** There are no less than 26 statutes, including 16 in Title 9, that require cities and towns to publish, in a newspaper, notices, agendas, financial reports, etc. These statutes specify the number of times a notice must be published and when and where publication must be made. Some statutes also dictate the size of the notice (e.g. quarter page) and the font size. Publication must be in a newspaper of general circulation having "a bona fide list of paying subscribers", in the county where the city is located. Yuma (population approximately 90,000) has only one local daily newspaper which has an average, county- wide, daily circulation of 21,000-22,000. Bullhead City (population approximately 40,000) has acity-wide circulation of the daily newspaper of 5,481. The current trends indicate that more and more people are accessing news and information through electronic media and the internet rather than through traditional news and information sources, such as newspapers or other publications. Allowing cities and towns to publish required notices to an official municipal website or other electronic' media, or to a newspaper in a form and format selected by the municipality, may reach exponentially more people at a lesser cost, freeing those resources for vital municipal services. B. Relevance to Municipal Policy Cities seek to provide the most information to the widest audience as quickly as possible. The internet is rapidly overtaking newspapers as the primary source of news and information. Posting required notices on an official website will reach a wider audience in less time and keep citizens better informed on matters that affect them. C. Fiscal Impact to Cities and Towns Allowing cities the option to publish on their website will free these funds for critical services. Expenditures by City: (*through May 2009) 08-09* 07-08 06-07 Yuma $27,685 $35,158 $27,978 Bullhead City $36,663 $26,940 $39,754 D. Fiscal Impact to the State There is no anticipated fiscal impact to the state. E. Contact Information Name: Connie Scoggins Title: Assistant City Attorney Phone: (928) 373-5055 Email: Connie.Scog ins ,YumaAZ. Regular Council Meeting -August 18, zoos - Page ~$1@~~~vlunicipal Websites to Serve as Official Publication/Notification RESOLUTION #19 Amend the laws and regulations concerning the Certificate of Necessity (CON) processes and requirements to grant cities & towns the authority to provide emergency ambulance transportation services within their jurisdictions. The State should issue a CON to any city or town that has the ability to provide such services to persons in such jurisdiction. Submitted by: City of Yuma, City of Sierra Vista, City of Lake Havasu City B. Purpose and Effect of Resolution It is time to rethink Arizona's ambulance regulations. There are currently many local governments that are ready to improve their emergency medical services, but cannot because of the statutory scheme and rules developed by the Arizona Department of Health Services Bureau of Emergency Medical Services. If allowed, many local governments could improve the emergency medical services to their. citizens. Local governments would work to coordinate the system across municipal and provider CON boundaries as they already have done with urban fire services. Integrated transport systems could also be provided. This would result in increased quality assurance and system efficiencies, in both service levels and cost. Arizona's former Auditor General, Douglas R. Norton, in his 1999 performance audit made a number of pertinent findings, including that the CON process "does not meet goals, is an unnecessary form of regulation", and that the system "limits competition". When explaining how the system was flawed Mr. Norton explained that the system was a barrier to local government involvement. The 1999 audit asks the State to convene a committee to find ways to include local government and adequately regulate real quality indicators. The CON legislation should be amended so that any municipality can provide emergency ambulance transport services using their own fire department. B. Relevance to Municipal Policy By allowing Cities to provide emergency medical transport services themselves, the quality of the service can be improved. The local government will have effective control over this important public safety function and have the ability to integrate the function into their public safety infrastructure. Local government will also be able to effectively integrate the EMS transportation function into mutual aid agreements and emergency management fimcti~~n without the artificial barriers inherent in the current CON system. C. Fiscal Impact to Cities and Towns The ability to make local .decisions about EMS transportation will provide opportunities for local governments to evaluate costs. Efficiencies can be achieved and costs recovered resulting in a lessening of the need for general fund dollars for public safety. Local governments providing these services will result in a managed costs and cost recovery. D. Fiscal Impact to the State The State should see a reduction in the need to monitor and adjudicate disputes between ambulance providers. This will be a cost reduction. The Auditor General in his report suggested that the CON process was not cost efficient or needed. Regular Council Meeting -August 18, 2009 -Page 20~ of 225Certificate of Necessity, Local Government Ambulance Service RESOLUTION #19 E. Contact Information Name: Connie Scoggins Title: Assistant City Attorney Phone: (928) 373-5055 Email: Connie.Sco ins YumaAZ. ov Regular Council Meeting -August 18, Zoos -Page 2os of zzsCertificate of Necessity, Local Government Ambulance Service RESOLUTION #20 Urges the State legislature to adopt enabling legislation authorizing cities and towns to form municipal library special taxing districts and to opt out of county library district taxes. Submitted by: Town of Oro Valley, City of Phoenix, Town of Marana, City of Kingman, City of Peoria A. Purpose and Effect of Resolution The creation and continued operation of municipal libraries is a fundamental and important function of local governments. A municipality is in many respects defined by the nature and quality of its intellectual activity, and the existence of vibrant and well stocked libraries provides a valuable cultural and educational resource for all members of the local community to enjoy while fostering and furthering their primary, secondary, or continuing education. - The challenge to Arizona municipalities who desire to create unique community libraries lies in the current restrictions placed upon cities and towns by state law relating to the creation of library districts'. Currently, state law favors the creation of library districts at the county level and authorizes- counties to impose secondary property taxes for the funding of libraries. While cities and towns have limited ability to impose their own library property tax under state law, they do not have the corresponding ability to opt out of the library property tax. This results in unwarranted double taxation for the residents of those cities and towns who elect to own and operate their own libraries either as a part of, or independently of, and county library system. While the residents of the cities and towns are subject to double taxation for library ~urvices, they benefit only from their own municipal library. Thus, residents of cities and towns who of~~rate their own libraries are unfairly subsidizing county library systems that provide them no tangible benefit. B. Relevance to Municipal Policy The ability to form a municipal library special taxing district that is completely independent from a county library district and the ability to subject its residents to only one instance of taxation in order to fund such a library district is of primary importance to cities and towns. Currently, 85 of the 90 cities and towns in Arizona pay 50% or more of the costs of municipal library operations. Out of those eighty-five cities, 43 cities or towns pay 90% or more of the cost. This is in addition to the taxes that residents pay to the county library system, a double taxation. The continued existence of first-quality library facilities is in keeping with municipalities' desires to attract and maintain high-wage emf~loyers that bring a well educated and active population to cities and towns. Such a population in turn stimulates the local and statewide economies. C. Importance of Resolution to Your City or Town Arizona cities and towns desire to attract high-wage employers and. a wealth of other highly educated and involved residents. In addition to educated and involved residents, those with limited education, language skills and/or access to technology or the Internet, take advantage of municipal libraries as outstanding educational and cultural resources. Libraries also help to create a stronger economy by providing resources for those underemployed or unemployed to find employment. It is in the best interests of the residents of cities and towns across Arizona to be able to continue the existence of their superior and unique library facilities without the unwarranted onus of double taxation of their residents that is result of the current legislative scheme that unfairly forces municipal taxpayers to subsidize county library systems. Regular Council Meeting -August 18, 2009 -Page 209 of 225 Municipal Library Special Taxing Districts RESOLUTION #20 D. Fiscal Impact to Cities and Towns The existence of high quality library facilities within cities and towns can certainly be expected to have a positive fiscal impact on the community. Libraries are in a unique position to bring various facets of a community together which in turn improves the quality of life for residents. This substantial quality of life enhancer can be expected to be an important tool in attracting and retaining clean industry, as well as an educated and literate population base generally. All of this adds up to a more productive and active community, which is a positive economic factor. Allowing cities and towns to form municipal library special taxing districts and to permit their residents to avoid the double taxation inherent in the current county system will provide municipalities with the flexibility to o tp out o the county districts and to create their own unique library facilities. E. Fiscal Impact to the State The creation of independent municipal library districts should have no effect whatsoever upon state government appropriations. Over time, the existence of an educated and involved community can be expected to generate positive economic results for not only the state, but also local jurisdictions. Exceptional cultural and educational amenities such as a dynamic and unique municipal library can be a major drawing card for municipalities throughout the state in the attraction of positive economic engines such as research and development companies of the type that our state desires to attract. F. Contact Information Name: Tory Schlievert Title: Management Assistant Phone: (520) 229-4700 Email: tschlievert(a~orovalle~gov Regular Council Meeting -August 18, 2009 -Page 210 of 225 Municipal Library Special Taxing Districts RESOLUTION #21 Urges the Legislature to modify state liquor laws to enhance the ability of municipalities to address community-related problems associated with liquor establishments, such as requiring the Department of Liquor Licenses and Control and the State Liquor Board give greater consideration to city recommendations on proposed liquor licenses. Submitted by: City of Prescott, Town of Prescott Valley, City of Bullhead City A. Purpose and Effect of Resolution This resolution proposes to modify state liquor laws to improve the ability of municipalities to address public safety and quality of life concerns associated with problem liquor establishments, primarily through the State Liquor Department and Board. Some examples are as follows: 1) Allow cities to request a hearing of the State Liquor Board at the time of renrwal f~>~ existing licenses when sufficient reason exists to request the Board to not renew the license; and/or 2) Create a 12-month provisional permit for licenses when a municipality rcr~~nunends.denial of a license but the Board grants approval; and/or 3) Modify the definition of licensed premises to include parking lots of bars and liquor stores; and/or 4) Hold license applicants accountable to commitments made during the ah~~l ic~ztion process. 5) Modify the membership of the State Liquor Board to include a munic i ~~.~ L law enforcement representative. 6) Give careful consideration to a municipality's concerns regarding the owner/manager, particularly when factual research demonstrates poor past performance. B. Relevance to Municipal Policy Poorly managed liquor. establishments pose considerable problems for law enforcement and surrounding neighborhoods, such as crime, noise violations and parking issues. Reforms to liquor laws increasing the consideration of impacts to neighborhoods would greatly enhance the ability of municipalities to protect public safety and quality of life in these. neighborhoods. Legislation addressing problem liquor establishments and changes to Arizona liquor laws have been an ongoing challenge for cities and towns. Cities and towns should have the ability to plan their communities as they believe best, including the location and operation of liquor establishments. The proposed provisions allow cities to have a greater role in the liquor licensing process for liquor establishments to ensure that are addressed. C. Importance of Resolution to Your City or Town Legislation addressing problem liquor establishments and changes to Arizona liquor laws have been an ongoing challenge for cities and towns. Cities and towns should have the ability to plan their communities as they believe best, including. the location and operation of liquor establishments. The proposed provisions allow cities to have a greater role in the liquor licensing process for liquor establishments to ensure that are addressed. D. Fiscal Impact to Cities and Towns These provisions should result in fewer police calls for liquor establishment-related incidents, reducing the need for law enforcement resources and increased costs to cities and towns. Regular Council Meeting -August 18, 2009 -Page 211 of 225 Municipal Input on Liquor Licenses RESOLUTION #21 E. Fiscal Impact to the State Anticipated costs to the State would be minimal, primarily one time administrative implementation costs by the State Liquor Department and Board. F. Contact Information Name: Connie Tucker Phone: (928) 777-1144 Title: Management Analyst Email: connie.tucker~a,cit~fprescott.net Regular Council Meeting -August 18, 2009 -Page 212 of 225 Municipal Input on Liquor Licenses RESOLUTION #22 Urges the Arizona State Legislature not to sweep municipal impact fees into the state budget and urges the Arizona State Legislature not to impose a moratorium on the application of new building codes to approved plat or plans or on future collection of municipal impact fees. Submitted by: Town of Oro Valley, City of Sierra Vista, City of Kingman, City of Apache Junction, Town of Marana, Town of Queen Creek A. Purpose and Effect of Resolution The State of Arizona, like the rest of the nation, faces a severe economic crisis that has devastated the ability of governments at all levels to provide the same levels of services and programs that have traditionally been funded. Declining revenues necessitate reexamination of all government operations to ensure the continuation of vital and essential government operations while at the same time ensuring compliance with budget statutes that require spending only in accordance with expected revenues. The challenge is to ensure that funding decisions made in the short terns do not have unwarranted or uncorrectable consequences in the future. Currently state law requires that municipalities impose development fees in a manner so as to bear a reasonable relationship to the additional. service burdcri imposed upon municipal infrastructures by new development. These funds are required to be accounted for separately from general fund revenues and only used for capital improvements associated with new growth. These fees represent an important source of municipal debt payment monies and if they were no longer available, that could endanger Arizona cities' and towns' bond contracts. This resolution urges'the Arizona State Legislature to dismiss both the idea of a moratorium on development impact fees thereby preventing existing residents from subsidizing new growth through higher taxes or reduced services and the notion of sweeping previously paid impact fees into the state budget, thus depriving local commtmities of .the infrastructure that these fees were paid to construct. In addition, this resolution urges the Arizona State Legislature to dismiss a proposed moratorium on the application of new building codes to plats and plans, as such a moratorium would affect the ability of municipalities to apply environmentally friendly and innovative codes to administratively approved plans thereby undermining the efforts of municipalities to' protect groundwater supplies and to promote energy conservation. B. Relevance to Municipal Policy The effect of a moratorium on development impact fee collection or the application of new building codes to plats or plans, effectively takes away the rights of local municipalities to control growth in their individual communities. In the case of development impact fees, a moratorium would also shift the cost of new growth to existing taxpayers and result in high taxes or inferior service. In communities in which impact fees are already pledged for debt service payments or repayments to developers for provided infrastructure a moratorium could mean defaulting on loans, closing of public facilities and the elimination of positions. C. Importance of Resolution to Your City or Town The Town of Oro Valley collects development impact fees for seven different services that range from water, to police, to transportation. These fees serve as an additional revenue stream to help accomplish projects related to new growth. Each of these fees was developed following State guidelines and is being used accordingly. If a moratorium were to be enacted, it would mean that the Town would be have to use general fund monies to pay Regular Council Meeting -August 18, 2009 -Page 213 of 225 Impact Fee and Building Code Protection RESOLUTION #22 debt service on several large growth-related transportation expansions, and several other transportation projects would not be started. This is the same for the other categories of impact fees as well. The Town of Oro Valley is also interested in pursuing new building codes that relate to graywater, solar harvesting, and solar hot water codes. If a moratorium on the imposition of new building codes were to be enacted the Town's efforts to preserve groundwater supplies and promote energy conservation would be impossible. The Town of Oro Valley believes it is in the best interest for the health, safety and welfare of the residents and the State of Arizona to opposed efforts of the Arizona Legislature to sweep municipal impact fees into the state budget and to oppose the imposition of a moratorium on the application of new building codes to plats or plans or the future collection of municipal impact fees. D. Fiscal Impact to Cities and Towns The sweeping of development impact fee funds into the state budget or a moratorium on nr~~ building codes or the collection of municipal impact fees restricts or delays necessary infrastructure projects, threatens scare groundwater supplies, reduces municipal self-determination, eliminates jobs and reduces economic recovery. E. Fiscal Impact to the State The sweeping of municipal impact fee funds into the state budget would represent aone-time contribution to the state's budget but would do little to cover the budget deficit. In addition, such an action would immediately garner legal challenges by Arizona cities and towns, resulting in a higher cost to taxpayers as the case are litigated. A moratorium on municipal impact fee collection or the imposition of new building codes has no positive fiscal impact on the state's budget whatsoever but represents a grave fiscal impact to municipalities. F. Contact Information Name: Tory Schlievert Title: Management Assistant Phone: (520) 229-4700 Email: tschlievert(c~orovalleyaz.gov Regular Council Meeting -August 18, 2009 -Page 214 of 225 Impact Fee and Building Code Protection RESOLUTION #23 Support strengthening of laws that would prevent county governments from placing fees, taxes and contributions in excess of current constitutional and statutory authority in development agreements that will impede future annexation into incorporated cities and towns. Submitted by: Town of Marana, City of Sierra Vista A. Purpose and Effect of Resolution Private land owners enter into development agreements for properties located in unincorporated areas across our state. Counties ability to levy taxes and impose fees is strictly limited by Arizona Constitutit~n and statute. Counties cannot create new legal terms of art within development agreements to circumvent these .limitations. Taxes, fees and other financial obligations created within these development a~~rccnients can dampen, if not halt, economic viability of projects across the state. Agreements such as these that are written to survive annexation can actually discourage property owners, for financial reasons,. from assenting to annexation into cities and towns. B. Relevance to Municipal Policy County islands and service delivery in unincorporated areas are issues of statewide concern. County islands, in particular, create confusion for municipalities and residents alikr ~~-hen providing or seeking critical services such as public safety. Artificial financial barriers to annexation are a tremendous disservice to the citizens of Arizona. Development agreements that avoid the uniformity requirements for taxation or the legal requirements for fee imposition create pockets of confusion for business owners, poor service delivery for residents or even worse stagnant, faltering developments in the heart of our cities and towns. C. Fiscal Impact to Cities and Town, Eliminating barriers to annexation within dry-el~~hment agreements will improve revenues to cities and towns. It will also improve service delivery and consolidate the cost of providing those services. Finally, it will reduce financial barriers to economic development of impacted properties across our state. D. Fiscal Impact to the State While there i~ n~~ i~nniediate cost of this policy, the opportunity to encourage economic development will ultimately result in increased revenue to our state. E. Contact Information Name: Steve Huffman Title: Intergovernmental Administrator Phone: 520-954-2233 Email:shuffman(a~marana.com Regular Council Meeting -August 18, 2009 -Page 215 of 225 Reducing Barriers to Annexation-County Fees, Taxes RESOLUTION #24 Urges the Governor and the State Legislature to develop and pass legislation that allows greater flexibility in annexing county islands within counties. Submitted by: City of Sierra Vista, City of Apache Junction, Town of Marana, City of Yuma A. Purpose and Effect of Resolution Over the past 30 years, the State Legislature has made changes in annexation law to respond to actions by local governments that have had unintended, and often negative, consequences. In 1980, the Legislature disallowed "strip" annexation by communities wanting to annex only highly lucrative commercial properties. That same legislation also changed the law further to disallow the creation of county islands, recognizing that having such islands completely surrounded by an incorporated city or town is not good public policy. Other steps have been taken within state law to improve the process, but more are needed, one in particular. Although new county islands can no longer be created, unfortunately a number of cities and towns in Arizona still have such areas within their incorporated city limits. The islands are :.governed by the laws of their respective county, which is a branch of local government largely designed to provide rural services and aone- size-fits-all approach to planning and growth management. Depending on the individual county/city, disparities between county and city regulations allow such things as: greater quantity of junk cars; less enforcement of property maintenance; a lower standard of road maintenance: overall higher response times for emergency services; no municipal refuse collection; and a host of other differences. In many cases, these service and/or enforcement differences are taking place literally across the street from areas with the same density and neighborhood type. In the case of Sierra Vista, there are areas adjacent to county islands that have noticeable reductions in property values in comparison to other similar areas of town. It is time to correct this one last significant problem in annexation law and allow a rural city or town more flexibility to extend urban services to .these urban islands. This could include: allowing a city to shrink an island annexation area. once the process has started if there is not enough interest to proceed with the entire area; removing the tie to assessed valuation in the process; allowing property owners with multiple properties within an annexation area to have a vote for each property; requiring property owners to sign a petition to opt out of a county island annexation rather than opt in, to address those areas with high out-of--town owners; or any combination of these methods. The ideas would be discussed with legislators to determine the most viable. B. Rele~~~mce to Municipal Policy Consistent sere ice delivery to a community's residents insures that all areas of a city or town are appropriately managed. Counties, by design, are funded to provide a rural level of service. But such a service level within the middle of an iu-ban area can, and has, led to problems that bleed over into incorporated cities. Lower property values because of little or no neighborhood enforcement; higher crime because of fewer sheriff deputies available at any given time and high response times; no .bus service provided to lower income areas that are in the middle of a community -these are just a few examples of how county islands can negatively impact a municipality. C. Fiscal Impact to Cities and Towns If legislation moves forward that allows greater flexibility in annexing county islands, it would be up to cities and towns themselves to determine timing on annexing these areas if they choose. Those communities that Regular Council Meeting -August 18, 2009 -Page 216 of 225 Greater Flexibility in Annexing County Islands RESOLUTION #24 choose to move forward will need to extend their services to newly annexed areas. Those costs would be different for each community.. But nothing in the legislation should require a city or town from annexing county islands if they feel they cannot provide services. It should be noted that counties currently providing services to these islands, if annexed, would save some money not doing so in the future. D. Fiscal Impact to the State There is no fiscal impact to the state when it comes to which local government provides local services. Minor adjustments in state-shared revenues would be made based on any population changes, but it would be a reshuffling of the total allocation, not an increase in state revenues to local government. E. Contact Information Name: Mary Jacobs Phone: 520-458-3315 Title: Assistant City Manager Email: mjacobs(a~ci.sierra-vista.az.us Regular Council Meeting -August 18, Zoos -Page 21 ~ of 22s Greater Flexibility in Annexing County Islands RESOLUTION #25 Amend Title 16, Chapter 3, Article 3, Signature Requirements, to clarify the steps to be taken by the City Clerk's Office upon submission of nomination petitions by candidates. Submitted by: City of Prescott, Town of Prescott Valley A. Purpose and Effect of Resolution While the Arizona Revised Statutes provides specific steps to be taken by the Secretary of State (City Clerk) when initiative/referendum petitions are filed with their office, the Statutes are void of any such steps on the part of candidate nomination petitions, and the office(s) must rely on case law to determine what, if anything, is to be done when petitions have not be completed properly. Understanding that the city clerk's office is to maintain neutrality in its duties, basic steps are included in this resolution to help alleviate many of the questions raised during the election process and eliminate the need for many of .the challenges by electors, which can provide a personal hardship for them, while not impacting such neutrality. The recommended steps would include the ability of the city clerk to (1) remove signatures that were obtained prior to the date the candidate filed their statement of organization ot- $500 Threshold Exemption Statement; and (2) remove signatures that are from a location outside of the city/town. While there are other discrepancies for which challenges may be filed by an elector and determined by the courts, these two steps could be taken without the neutrality of the office being impacted. B. Relevance to Municipal Policy The citizens of our municipalities expect basic. steps to be taken on the part of the City Clerk's office when candidates submit nomination petitions. Many citizens are under the impression that all signatures are verified on candidate petitions. While these proposed steps would not meet all of the expectations of the citizens with regard to petition verification, which would be cost prohibitive, they would provide an opportunity for obvious names to be stricken. C. Fiscal Impact to Cities and To~~ns While it does place an added burden on the Clerk's Office during the election process, it could also eliminate much of the need for challenges to be filed, and these challenges have a fiscal impact on cities/towns as well. The exact impact would be dependent upon the number of elections and candidates filing for those elections. D. Fiscal Impact to the State The Secretary of State's office would also have the added burden during the election process, and the impact would again be dependent upon the number of elections and candidates filing for those elections. E. Contact Information Name: Connie Tucker Title: Management Analyst Phone: 928-777-1144 Email: Connie.tucker(a~cityofprescott.net. Submission of Nomination Petitions by Candidates Regular Council Meeting -August 18, 2009 -Page 218 of 225 RESOLUTION #26 Urging the Legislature to amend Titles 16 and I9 to provide for independent agency review of municipal candidate election issues Submitted by: City of Prescott, Town of Prescott Valley A. Purpose and Effect of Resolution Municipalities conduct elections on a regular basis. While current election law allows a City Clerk to engage in ministerial duties in order to maintain the City's posture of fairness, impartiality and neutrality, at times the government is criticized for failing to engage in strict candidate qualification review. Municipalities are accused of bias if anon-ministerial review is conducted or if one is not. In most instances, under Titles 16 and 19, the onus to file an election challenge on non-ministerial matters falls on the electors, and the only avenue for such a challenge is to file a lawsuit. These citizens bear the expense and cost of such legal ..challenges. In order to provide for challenges that ensure compliance with applicable election laws and candidate rlualifrcation laws, and to ensure that the election processes are both fair and lawful, it is recommended that current statutes be amended to provide for independent agency review on candidate issues and challenges. The effect of this resolution will be to provide a neutral avenue which allows review of candid<,tc rlrillenges by an agency not involved in the election process and which allows for an alternative to citizens baring to file individual suits and incur out of pocket expenses in order to pursue legal challenges. B. Relevance to Municipal Policy The public perception of neutrality and fairness is essential to the election process. When a candidate files a nomination paper, petitions, financial statements or other candidate documents, including a candidate or circulators affidavit, a local government is placed in a situation where its impartiality may be questioned, whether the municipality acts or whether it cannot act as a matter of law. If a municipality does not perform non-ministerial review, it can be accused of bias. Similarly, if it undertakes any non-ministerial review it can be accused of favoring a particular candidate or candidates. For this reason, having these types of issues subject to a complaint driven review process will serve the dual purpose of legal candidacy and ensuring the public perception of election fairness. C. Fiscal Impact to Cities and Towns There would be a minimal fiscal impact, mostly associated with staff time and supply of necessary documents to an independent agency for review. D. Fiscal Impact to the State Fiscal impact to the State would include staff time for and expenses associated with any review of any candidate election complaints. Intergovernmental agreements providing for mutual election aid could be utilized to lessen or equalize any costs for the entities involved in the review processes. E. Contact Information Name: Connie Tucker Title: Management Analyst Phone: 928-777-1144 Email: connie.tucker@cityofprescott.net Independent Agency Review of Municipal Candidate Election Issues Regular Council Meeting -August 18, 2009 -Page 219 of 225 2010 RESOLUTIONS SUBMITTED FOR CONSIDERATION BY THE RESOLUTIONS COtiTMITTEE September 1, 2009 Resolution Sponsor-/Contact Co-Sponsor(s) 'Subcommittee Comments 12ecommendativn 1 Federal Funding for Ports of Douglas/Mayor, Benson, Bisbee, Entry Dr. Michael Gomez Clifton, Duncan, Huachuca City, Nogales, Patagonia, Pima, Safford, Sierra Vista, Thatcher, Tombstone, Willcox, Flagstaff, Kingman and San Luis. 2 Trust Lands-Offsets/Credits San Luis/Glenn Somerton for Rights of Way Purchase Gimbut 3 Reduce State Trust Land Lake Havasu City/ Bullhead City, Acquisition Requirements Charlie Cassens Kingman. For Transportation and Public Facilities 4 Recognize Open Space as a Sedona/Alison Zeltns Apache Junction; Best Use for Certain Trust Bullhead City; Land parcels Jerome; Oro Valle 5 Allow Certain State Trust. _ Sr~~ttsdale/Bridget Fountain Hills Lands to be Transferred to Schwartz-Manock Cities For Open Space Regular Council Meeting -August 18, 2009 -Page 220 of 225 Resolution Sponsor/Contact= Co-Sponsor(s) Subcommittee ~ Comments R~~rnrmnrnr~atinn 6 Support Heritage Fund Oro Valley/Tory Queen Creek, Schlievert Kingman, Bullhead City, Apache Junction, Yuma, Marana _ _ 7 Fully Fund Public Education Oro Valley/Tory Sierra Vista, _ _ _ _ _ and Higher Education Schlievert Yuma, Marana, Pro rams Queen Creek 8 Su ort Housin Trust Fund Fla staff/Jim Wine Kin man 9 Fund the Arizona Water Flagstaff/Jim Wine Bullhead City Su 1 Revolvin Fund 10 Protection of Dedicated Bullhead City/ Rob Kingman, Lake Funds LaFontaine Havasu Cit 11 Redevelopment Lake Havasu City/ Bullhead City, Areas/Economic Charlie Cassens Kingman Develo ment _ 12 Retain and Enhance Flagstaff/Jim Wine Kingman. Economic Development Maricopa Tools 13 Sustainable Energy Flagstaff/Jim Wine Bullhead City Financin District Authorit 14 Implement Emergency . Sierra Vista/ Mary Bisbee, Eloy; Medical Services Access Jacobs Kingman, Oro Task Force Valley Recommendations 15 Service Maintenance District Surprise/Michael Sierra Vista and HOA insolvent Cela a 16 Allow Requests for Price Prescott/Connie Tucker Bullhead City, Ranges on Fees in Prescott Valley RFQ/SOQ's for Professional Services Regular Council Meeting -August 18, 2009 -Page 221 of 225 Resolution ~'~ Sponsor/Contact Co-Sponsor(s) '~, Subcornmittee '~ Comments _____ _ '~ Recommend<rtion 17 Additional Fees for Prescott/Connie Tucker Bullhead City, _ Voluminous Public Records Prescott Valley, Re nests Yuma 18 Allow Municipal Websites Yuma/Connie Scoggins Bullhead City, to Serve as Official Sierra Vista Publication/Notification 19 Certificate of Necessity, Yuma/Connie Scoggins Lake Havasu City, Local Government Sierra Vista Ambulance Service 20 Municipal Library Special Oro Valley/Tory Kingman, Marana, Taxing Districts Schlievert Peoria, Phoenix 21 Municipal Input on Liquor Prescott/Connie Tucker Bullhead City, Licenses Prescott Valle 22 Impact Fee and Building Oro Valley/Tory Apache Junction, Code Protection Schlievert Kingman, Marana, Queen Creek, Sierra Vista 23 Reducing Barriers to Marana/Steve Huffman Sierra Vista Annexation -County Fees, Taxes 24 Greater Flexibility in Sierra Vista/Mary Apache Junction, Annexin Count Islands Jacobs Marana, Yuma 25 Submission of Nomination ; PrescottlConnie Tucker Prescott Valley Petitions by Candidates 26 Independent Agency Review Prescott/Connie Tucker Prescott Valley of Municipal Candidate Election Issues Regular Council Meeting -August 18, 2009- Page 222 of 225 2009 RESOLUTIONS ADOPTED BY THE RESOLUTIONS COMMITTEE STATUS AS OF 7/20/2009 10:34 AM Resolution ~ i Sponsor/Contact Legislation Lea ue Action Status Support Affordable Flagstaff- Jim Budget Support Trust Fund as possible Swept in Housing, including Wine, Deputy City without compromising city funds 2010 maintaining the Housing Manager Legislative Trust Fund. bud et. Retain existing Flagstaff- Jim HB2270 -Stakeholder meetings on GPLET Stalled in economic development Wine, Deputy City and Recapture Districts. House tools and support new Manager -Support Recapture districts in economic development HB2363 Committee. tools. -Ongoing negotiations of GPLET Stalled in reform. Senate. Modify state liquor laws Prescott -Connie N/A -Sought bill sponsor Not to help municipalities Tucker, Sponsored. address community Management related roblems Anal st Allow Requests for Prescott -Connie SB1306 -Draft bill language Never heard Prices Ranges on Fees Tucker, -Secure bill sponsor (Sen. Jay in in RFQ/SOQ's Management Tibshraeny) Committee Anal st Support policies that Sierra Vista- H62244 -Support bill in committee Never heard encourage emergency Robert Blanchard, in medical access and Councilmember Committee h sician retention. Establish a uniform Sedona- Audree N/A -Stakeholder meeting with Not property tax assessment Juhlin- Assistant to Association of Counties- strongly Sponsored. methodology for the Community opposed to the concept. affordable housing. Development -Sought bill sponsor Director. Allow additional fees for Prescott -Connie SB1304 -Draft bill language Neither bill substantial public Tucker, -Several stakeholder meetings with heard in records requests. Management SB1237 newspaper industry Committee Analyst -Secure bill sponsor (Senator Jay Tibshraen Make property damage Phoenix- John HB2551 -Support Phoenix as needed. Stalled in from graffiti a class 1 Wayne Gonzales, Senate misdemeanor. Intergovernmental Liaison Permit city/county water Phoenix- John SB1323 -Secure bill sponsor (Sen. Barbara Signed by and wastewater Wayne Gonzales, Leff) Governor providers to enter into Intergovernmental -Stakeholder meetings mutual aid agreements Liaison with private utility companies in emer enc situations. Allow municipalities to Scottsdale- Bridget HB2048 Support Scottsdale as needed. Signed by cap the number of Schwartz-Manock, Governor signatures required to Government run for city council. Relations Director Allow municipalities to Yuma- Connie HB2253 -Draft bill language Never heard publish notices, Scoggins, Assistant -Extensive stakeholder meetings in Senate a endas, re orts, etc. Cit Attorne with news a er Indust Regular Council Meeting -August 18, 2009 -Page 223 of 225 on their official website -Secure bill sponsor (Rep. Russ rather than in the Jones) newspaper. Support policies that Peoria- John Budget Ongoing. strengthen the viabilities Schell, Military of Arizona's military Government installation installations. Relations Director fund had some money swept, but Governor line-item vetoed other reductions. Protect and Fund the Cottonwood- Diane Federal Budget -Coordinate with National League $2.25 Billion Byrne/JAG Grant Joens, Mayor of Cities. in additional Program funding through federal stimulus. Comprehensive Prescott -Connie Federal -Coordinate with National League Ongoing Immigration Reform Tucker, of Cities. Management Anal st Oppose federally League Federal Bill -Coordinate with National League Ongoing mandates public safety HR413 of Cities. collective bar ainin . Oppose the IRS pension League Federal -Coordinate with National League Rule reform rules that of Cities. delayed. eliminate `age plus years of service" formulas. Regular Council Meeting -August 18, 2009 -Page 224 of 225 " ,.., ~~~~ ~~~~,~ %~~ ~,~,..,.aR. 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, August 18, 2009, 7:00:00 PM To: Mayor and Council Item D 2 From: Steve Huffman ,Intergovernmental Affairs Administrator Strategic Plan Focus Area: Not Applicable Subject: Legislative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature Discussion: This item is scheduled for each regular council meeting in order to provide an opportunity to discuss any legislative item that might arise during the current session of the State Legislature. Periodically, an oral report may be given to supplement the Legislative Bulletins. ATTACHMENTS: Nt~stte: Description: 'I'yl?e: ca Attachments Available 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 18, 2009 -Page 225 of 225