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HomeMy WebLinkAbout12/01/2009 Council Agenda Packeti~ ~~ ttwA ~?t NARA.: J~ REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, December 1, 2009, at or after 7:00 PM Ed Honea, Mayor Herb Kai, Vice Mayor Russell Clanagan, Council Member Patti Comerford, Council Member Carol McGorray, Council Member Jon Post, Council Member Roxanne Ziegler, Council Member ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items appear in italics. As a courtesy to others,=please turn off or put in silent mode all pagers and cell phones. Meeting Times Welcome to this Marana Council meeting. Regular Council meetings are usually held the first and third Tuesday of each month at 7:00 p.m. at the Marana Town Hall, although the date or time may change, or Special Meetings may be called at other times and/or places. Contact Town Hall or watch for posted agendas for other meetings. This agenda may be revised up to 24 hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda. Speaking at Meetings If you are interested in speaking to the Council during Call to the Public, Public Hearings, or other agenda items; you must fill out a speaker card (located in the lobby outside the Council Chambers) and deliver it to the Town Clerk prior to the convening of the meeting. All persons attending the Council meeting, whether speaking to the Council or not, are expected to observe the Council Rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. Accessibility To better serve the citizens of Marana and others attending our meetings, the Council Chambers are wheelchair and handicapped accessible. Any person who, by reason of any disability, is in need of special services as a result of their disability, such as assistive listening devices, agenda materials printed in Braille or large print, a signer for the hearing impaired, etc., will be accommodated. Such Regular Council Meeting -December 1, 2009 -Page 1 of 71 special services are available upon prior request to the Town Clerk at least 10 working days prior to the Council meeting. Agendas Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online at www.marana.com, by linking to the Town Clerk page under Agendas, Minutes and Ordinances. For questions about the Council meetings, special services or procedures, please contact the Town Clerk, at 382-1999, Monday through Friday from 8:00 a.m. to 5:00 p.m. Posted no later than Monday, November 30, 2009, 7:00 PM, at the Marana Municipal Complex, the Marana Operations Center and at www.marana.com under Town Clerk, Agendas, Minutes and Ordinances. REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE APPROVAL OF AGENDA CALL TO THE PUBLIC At this time any member of the public is allowed to address the Town Council on any issue not already on tonight's agenda. The speaker may have up to three minutes to speak. Any persons wishing to address the Council must complete a speaker card located outside the Council Chambers and deliver it to the Town Clerk prior to the commencement of the meeting. Pursuant to the Arizona Open Meeting Law, at the conclusion of Call to the Public, individual members of the council may respond to criticism made by those who have addressed the Council, may ask staff to review the matter, or may ask that the matter be placed on a future agenda. PRESENTATIONS P 1: Presentation: Marana Chamber 2009 3rd Quarter Report (Ed Stolmaker) ANNOUNCEMENTSlUPDATES PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS STAFF REPORTS GENERAL ORDER OF BUSINESS CONSENT AGENDA Regular Council Meeting -December 1, 2009 -Page 2 of 71 The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion will approve all items on the Consent agenda, including any resolutions or ordinances. A Council Member may remove any issue from the Consent agenda, and that issue will be discussed and voted upon separately, immediately following the Consent agenda. C l: Resolution No. 2009-192: Relating to the Police Department; approving and authorizing the Chief of Police to execute a Tactical Diversion Task Force Agreement between the Marana Police Department and the United States Department of Justice, Drug Enforcement Administration regarding investigation and disruption of illegal trafficking in controlled substance pharmaceuticals and other chemicals (Terry Tometich) C 2: Resolution No. 2009-193: Relating to the Police Department; approving and authorizing full execution of a grant agreement with the Governor's Office of Highway Safety funding a new motorcycle under the Police Traffic Services Program (U.S. Code, Title 23 Section 402) (T VanHook) C 3: Resolution No_2009-194: Relating to Community Development; granting $2,000 to the Community Food Bank, Inc. an Arizona 501(c)(3) non-profit organization to support Marana Food Bank programs for Marana senior citizens, youth, and families (T VanHook) C 4: Relating to Parks and Recreation; choosing a historically significant name for the new district park being constructed at Silverbell and Cortaro (Tom Ellis) C 5: Resolution No. 2009-195: Relating to Finance; approving the transfer of $250,000 in budgeted expenditure authority from the General Fund contingency line item to the uninsured loss line item for the partial payment of the settlement of the case entitled United Fire & Casualty Company v. Pima County, Case No. CV 08- 381-DCB, involving sewer installation and connection within Honea Heights (Erik Montague) C 6: Minutes of the November 17, 2009 regular council meeting COUNCIL ACTION A 1: Ordinance No. 2009.07:_Relating to Development; clarification of Town Council added condition pertaining to the rezoning approximately 4.8 acres of land located on the east side of Breakers Road easement, approximately one-third of a mile south of Tangerine Road from `C' (Large Lot Zone) to `HI' (Heavy Industrial) for Advantage Materials (Kevin Kish) A 2: Ordinance No. 2009.24: Relating to the Police Department; amending Town Code Section 4-1-4 ("Departmental Rules and Regulations") to eliminate the requirement for Town Council approval of Marana Police Department rules and regulations and to establish that police department rules and regulations shall be in compliance with federal and state law, the Town Code and Town ordinances, policies, directives, rules and procedures; and declaring an emergency (Jane Fairall) A 3: .Resolution No. 2009-196: Relating to Intergovernmental Relations; authorizing and directing those authorized to lobby on behalf of the Town of Marana to represent and pursue the Town of Marana 2010 Arizona State Legislative Agenda Regular Council Meeting -December 1, 2009 -Page 3 of 71 Priority Issues (Steve Huffman) A 4: Resolution No. 2009-197: Relating to Utilities; adopting a notice of intention to increase water rates, rate components, fees and service charges, and setting a January 5, 2010 public hearing on the proposed adoption (Dorothy O'Brien) BOARDS, COMMISSIONS AND COMMITTEES ITEMS FOR DISCUSSION/POSSIBLE ACTION D l: Le islative 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 FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion of what items to place on the agenda, if three or more council members request an item to be placed on the agenda, it must be placed upon the agenda for the second regular town council meeting after the date of the request (Marana Town Code, Title 2, Chapter 2-4, Section 2-4-2 B) ADJOURNMENT Regular Council Meeting -December 1, 2009 -Page 4 of 71 DATE: October 1, 2009 TO: Mayor and Council Members FROM: Ed Stolmaker, President/CEO SUBJECT: 3rd 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 3`d quarter of 208. Membership is now, 502 active companies 3ra Quarter of 2009 2D 3ra Quarter of 2008 36 • M.~r~n~ h~~cGr~occnc that in~npd the Chamber in the 3rd quarter: ~<~Q~Q~~G MMV~~~wwwww ~..r.~ AZ Entertainment and Events, LLC ____ -_____ Golden Corral Innovative Si ns Johns ManviNe Stan er's Landsca e & Mason Twice As Nice Ter Chick, Central Pa ment Cor oration State Farm Insurance, Case Sant©ro A enc Sun#lower Farmers Market Visitor Center 3rd uarter statistics VISITORS 20x9 2008 In State Visitors _ ~3 2b Out of State Visitors 124 143 Forei n Visitors 52 4$ TOTALS 239 216 MAit 2009 2008 Tourism Requests 2 6 Relocation Re nests 7 18 Business Re ui/sts 5 12 TOTALS 14 36 • ~:i~#3~! '~. rasa Caranrie Hi~hvvay < ?vtar~na, Arizona 85653 ~ Phone .529}J~82-~31~ ~ ~<.. _~i~)/fr~2~~3tt~ Committee Reports: (Continued) o Legislative & Economic Development Committee (LED) Held our LED Briefings the 4t" Wednesday of each month • July -Lori Lustig, Lobbyist for Southern Arizona Chamber of Commerce Alliance (SACCA) provided a State .Budget Update. • August -Jennifer Burns, Consultant & former State Legislator presented an objective overview of the federal healthcare reform. • September -Josh Wright, Assistant to the Town Manager, presented the Town's proposal to LISPS to change the primary city name for 85743 from "Tucson" to "Marana" and for it to be an acceptable alternative city for 85741. Economic Development Committee • Working with the Town of Marana's IT department to put contact information and photos of the businesses on the new web based program to inventory the businesses in Marana o Education Committee MUSD is providing a list of the needs of the school district that the business community can help with. This will be in conjunction with the Adopt a School Program. Partnered with Tucson Value Teachers and Walgreens to collect school supplies for the Marana Unified School District Partnering with the Joint Technical Educational District (JTED) o Health Committee The health committee is planning the Marana Can Do 5K Run on Saturday, February 6, 2010 at Ora Mae Harn Park. o PR & Marketing Committee ^ The PFt Committee has developed a program to promote the five building blocks: Awareness, Bottom Line, Business, Community, and Knowledge Builder. • Office Update o .Vickie Soman, our sales manager, is no longer employed by the Marana Chamber; at this time the position is not being filled o Lizzie Kelley, our office manager, is expecting her baby the middle of November; hired a part time office person to assist in the office when Lizzie has her baby. Activities in July 2009 -September 2009 • Held our 8t" Annual Golf Tournament on Friday, August 14, 2009 at the Pines, donated $1,000 to the Marana Food Bank. • Ribbon Cutting/Membership Celebrations: o Remodel-Grand Opening at Wal-Mart o Grand Opening at Grumpy's Jr. (on Silverbell) o Mathnasium of Marana o Edward Jones (Cortaro &Silverbell) o Cutters Point Coffee o Sunflower Farmers Market • Held Networking Mixers events: o Roma Caffe -Joint event with Arizona Small Business Association (ASBA) o Bed roxx o Grumpy's Grill (on Ina Road) o The Golf Villas at Oro Valley • Planning for the following events: o Sunflower Business Expo -Saturday, November 14, 2009 • o An evening at the Ritz Carlton with the Marana Chamber of Commerce - Tuesday, December 29, 2009 o Multi Chamber Business Expo -January 2010 in conjunction with the State of the State Address o Bowling tournament- January 23, 2010 (MHC Reach Out and Read program) o Marana Can Do 5K Run February 6, 2010 (partnering with Parks & Rec.) o Community & Business Builder of the Year Awards-February 10, 2010 o Planning the State of the Town Address for April 2010 at the Ritz Carlton at Dove Mountain • Committee Reports: o Welcome Committee ^ Held the new member orientation (Marana Chamber 101) on August 21, 2009 o Special Events Committee ^ Held an Educational Class on Tuesday, August 4 -regarding Commercial Leasing: Learned the Insurance In & Outs ^ Helped promote READ to FEED book sale (benefitting Marana Food Bank) ^ Holding our next Educational Class Tuesday, November 3 on Health Insurance for Small Businesses HMO vs. PPOs and other options 2 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, December 1, 2009, 7:00:00 PM To: Mayor and Council From: Terry Tometich ,Chief of Police Strategic Plan Focus Area: Community Building Item C 1 Subject: Resolution No. 2009-192: Relating to the Police Department; approving and authorizing the Chief of Police to execute a Tactical Diversion Task Force Agreement between the Marano Police Department and the United States Department of Justice, Drug Enforcement Administration regarding investigation and disruption of illegal trafficking in controlled substance pharmaceuticals and other chemicals Discussion: The United States Department of Justice, Drug Enforcement Administration (DEA) has established a Tactical Diversion Squad Task Force with the objective of investigating, disrupting and prosecuting the illicit trafficking of controlled substance pharmaceuticals. The task force will specifically target various diversion schemes for obtaining controlled substance pharmaceuticals and other chemicals, such as "doctor shopping" and prescription forgery. This item requests approval of a task force agreement between the Marano Police Department (MPD) and the DEA to allow MPD participation in the task force for the stated purposes. As a part of a task force agreement, MPD will assign an experienced Marana Police Department officer to participate as a member of the task force. DEA will provide the necessary funds, vehicles and equipment to support the activities of the officer assigned to the task force. In addition, DEA will reimburse MPD for overtime costs for the officer, up to an agreed upon amount for the term of this agreement. The agreement will remain in effect for one year. Financial Impact: None ATTACHMENTS: Name: Description: T~ pe: ^ Reso_re MPD_DEA Tactical Dversion_task force. Resolution Rasoiutian a..greement (00018045}.DOC ^ EX_A_MPD-DEA Tactical Dversion_Squad Task Force. Exhibit A Exhibit Agreement (00018050}.pdf Regular Council Meeting -December 1, 2009 -Page 5 of 71 Staff Recommendation: Staff recommends approval of Resolution No. 2009-192, approving and authorizing the Chief of Police to execute the task force agreement between MPD and DEA. Suggested Motion: I move to adopt Resolution. No. 2009-192, approving and authorizing the Chief of Police to execute a Tactical Diversion Task Force Agreement between the Marana Police Department and the United States Department of Justice, Drug Enforcement Administration regarding investigation and disruption of illegal trafficking in controlled substance pharmaceuticals and other chemicals. Regular Council Meeting -December 1, 2009 -Page 6 of 71 MARANA RESOLUTION N0.2009-192 RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE CHIEF OF POLICE TO EXECUTE A TACTICAL DNERSION TASK FORCE AGREEMENT BETWEEN THE MARANA POLICE DEPARTMENT AND THE UNITED STATES DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION REGARDING INVESTIGATION AND DISRUPTION OF ILLEGAL TRAFFICKING IN CONTROLLED SUBSTANCE PHARMACEUTICALS AND OTHER CHEMICALS WHEREAS evidence has shown that illegal trafficking in controlled substance pharmaceuti- cals and other chemicals exists in the State of Arizona; and WHEREAS the United States Department of Justice, Drug Enforcement Administration has established a DEA Tactical Diversion Squad Task Force whose mission is to investigate, prosecute and disrupt illicit trafficking of controlled substance pharmaceuticals and other chemicals in the State of Arizona; and WHEREAS the Town of Marana, through its Police Department and the United States De- partment ofJustice, Drug Enforcement Administration desire to enter into an agreement providing for the Marana Police Department's participation in the DEA Tactical Diversion Squad Task Force; and WHEREAS, the Mayor and Council of the Town of Marana feel it is in the best interests of the public to enter into this agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the agreement between the Marana Police Department and the United States Department of Justice, Drug Enforcement Administration, attached to and incorporated by this reference in this resolution as Exhibit A, is hereby approved, and the Chief of Police is hereby au- thorized to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town's Manager and staff are hereby directed and au- thorized to undertake all other and further tasks required or beneficial to carry out the terms, obliga- tions, and objectives of the task force agreement. PASSED AND APPROVED by the Mayor and Council of the Town of Marana, Arizona, this 1St day of December, 2009. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk Regular Council Meeting -December 1, 2009 -Page 7 of 71 APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00016429.DOC /} TACTICAL DIVERSION TASK FORCE AGREEMENT BETWEEN DRUG ENFORCEMENT ADMINISTRATION AND MARANAMARANA POLICE DEPARTMENT This agreement is made this day of , 2009, between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA"), and the Marana Police Department (hereinafter "MPD"). WHEREAS there is evidence that trafficking in controlled substance pharmaceuticals and/or listed chemicals exists in the area and that such illegal activity has a substantial and detrimental effect on the health and general welfare of the people of the State of Arizona, the parties hereto agree to the following: The DEA Tactical Diversion Squad Task Force will perform the activities and duties described below: a. Investigate, disrupt and dismantle individuals and/or organizations involved in diversion schemes (e.g., "doctor shopping", prescription forgery, and prevalent retail-level violators) of controlled pharmaceuticals and/or listed chemicals in the State of Arizona area; b. Investigate, gather and report intelligence data relating to trafficking of controlled pharmaceuticals and/or listed chemicals; and c. Conduct undercover operations where appropriate and engage in other traditional methods of investigation in order that the Task Force's activities will result in effective prosecution before the courts of the United States and the State of Arizona. 2. To accomplish the objectives of the DEA Tactical Diversion Squad Task Force, the MPD agrees to detail one (1) experienced officer to the DEA Tactical Diversion Squad Task Force for a period of not less than two years. During this period of assignment, the MPD officer will be under the direct supervision and control of a DEA Supervisory Special Agent assigned to the Task Force. 3. The MPD officer assigned to the Task Force shall adhere to DEA policies and procedures. Failure to adhere to DEA policies and procedures shall be grounds for dismissal from the Task Force. 4. The MPD officer assigned to the Task Force shall be deputized as a Task Force Officer of DEA pursuant to 21 U.S.C. 878. 5. To accomplish the objectives of the DEA Tactical Diversion Squad Task Force, DEA will assign two Special Agents and Diversion Investigators to the Task Force. DEA will also, subject to the availability of annual Diversion Control Fee Account (DCFA) funds or any continuing resolution thereof, provide necessary funds, vehicles, and equipment to support the activities of the DEA Special Agents and officers assigred to the Task Force. This support will include:... _ ___ Regul~r~$u~ u~th Tucso~h~,~e{'D'ISEA9TDSa~OU f 71 EXHIBIT A to RESOLUTION 2009-xxx vehicles, office space, office supplies, travel funds, funds for the purchase of evidence and information, investigative equipment, training, and other support items, as available DCFA funds permit. Task Force Officers must record their work hours via DEA's activity reporting system. 6. During the period of assignment to the DEA Tactical Diversion Squad Task Force, the MPD will be responsible for establishing the salary and benefits, including overtime, of the officers assigned to the Task Force, and for making all payments due them.. DEA will, subject to availability of funds, reimburse the agency/department for overtime payments made by it to the MPD officer assigned to the DEA Tactical Diversion Squad Task Force for overtime, up to a sum equivalent to 25 percent of the salary of a GS-12, step 1, (RUS) Federal employee (currently $16,903.75), per officer. 7. In no event will the MPD charge any indirect cost rate to DEA for the administration or implementation of this agreement. 8. The MPD shall maintain on a current basis complete and accurate records and accounts of all obligations and expenditures of funds under this agreement in accordance with generally accepted accounting principles and instructions provided by DEA to facilitate on-site inspection- and auditing of such records and accounts. 9. The MPD shall permit and have readily available for examination and auditing by DEA, the United States Department of Justice, the Comptroller General of the United States, and any of their duly authorized agents and representatives, any and all records,. documents, accounts, invoices, receipts or expenditures relating to this agreement. The MPD shall maintain all such reports and records until all audits and examinations are completed and resolved, or for a period of three (3) years after termination of this agreement, whichever is sooner. 10. The MPD shall comply with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, as amended, and all requirements imposed by or pursuant to the regulations of the United States Department of Justice implementing those laws, 28 C.F.R. Part 42, Subparts C, F, G, H and I. 11. The MPD agrees that an authorized officer or employee will execute and return to DEA the attached OJP Form 4061/6, Certification Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirements. The MPD acknowledges that this agreement will not take effect and no Federal funds will be awarded to the MPD by DEA until the completed certification is received. 12. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with Federal money, the MPD shall clearly state: (1) the percentage of the total cost of the program or project which will be fmanced with Federal money and (2) the dollar amount of Federal funds for the project or , program. 13. The term of this. agreement shall be from the date of signature by representatives of both parties for a period of one year. This agreement may be terminated by either party on thirty days' advance written notice. Billings for all outstanding obligations must be received by DEA within 90 days of the date of termination of this agreement. DEA will be responsible only for obligations incurred by MPD during the term of this agreement. Regular guncil Meeting D c be 1, 09 - P~~e g of 71 20 9 South T`ucsobblAA YD DEA TDS 1C~IOU 2 EXHIBIT A to RESOLUTION 2009-xxx For the Drug Enforcement Administration: Date: ELIZABETH W. KEMPSHALL Special Agent in Charge For the Marana Police Department: TERRY P. TOMETICH Chief Date: Regula20~yuSouth ~ucs~nivIA~~Ae~PD DStt TD~~OU of 71 3 EXHIBIT A to RESOLUTION 2009-xxx t ~ U.S. DEPARTMENT OF JUSTICE -, ~ OFFICE OF JUSTICE PROGRAMS - - OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this from. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Governme nt-wide Department and Suspension (Nonprocurement) and Government-wide Requirements for Drug-Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING public (Federal, State, or local) transaction or contract under a As re uired b Section 1352, Title 31 of the U.S. Code, and q Y im lemented at 28 CFR P rt 69 f t i i Public transaction; violation of Federal or State antitrust statutes or commission of embezzlement theft for ery, d l ~ p a , or persons en er n nto a rant or coo erative a reement v 100 000 d ~ d t bribery, falsification or destruction of recor s, ma ting alse gg p g o er $ , , as e ne a 28 CFR Part 69 the a licant certifi th t statements, or receiving stolen property; , pp es a : (a) No Federal appropriate funds have been paid or will be ppaid by or on behalf of the undersi ned to an erson for in- (c)_ Are not presently indicted for or otherwise criminally or civil) charged by a governmental entity (Federal, State, or f th ff l i h i f e t d i ~ , g , y p fluencing or attempting. to influence an officer or em lo ee of w commiss on o any o e o enses numera e n oca t f thi rtif ti h 1 b d p y any agency, a Member of Congress, an officer or employee of paragrap ica on; an ( )( ) o s ce Congress, or an employee of a Member of Congress in con- nection with the making of any Federal grant the entering into (d) Have not within athree-year period preceding this applica- {{ion had one or more ublic transactions (Federal State or ,, of any cooperative agreement, and extension, continuation, renewal, amendment, or modification of any Federal grant or , p , local) terminated for cause or default; and cooperative agreement; B. Where the applicant is unable to certify to any of the b If an funds other than Federal a ro riated funds have b e d on p statements in this certification, he or she shall attach an explanation to this application. n pai e or will be paid to any pers fo influencing or at- tempting to influence an officer or employee of any agency, a Member of Congress an officer or em lo ee of Con ress or DRUG FREE WORKPLACE 3 , p y g , an employee of a Member of Congress m connection with this . - (GRANTEES OTHER THAN INDIVIDUALS) Federal grant or cooperative agreement, .the undersigned shall complete and submit Standard Form - LLL, Disclosure of ' As required by the Drug-Free Workplace Act of 1988, and Lobbying Activities, in accordance with its instructions; implemented at 28 CFR Part 67, Subpart F, for grantees as 7 61 d 7 ` ((c The undersigned shall require that the Ian wage of this cer- - fification be included in the award do um ~or ll t b d . 5 an .6 defined at 28 CFR Part 67 Sections 6 6 20- a c en s su awar s at all tiers (including subgrants, contracts under grants and A. The applicant certifies that it will or will continue to provide a drug-free workplace by: cooperative agreements, and subcontracts) and that all sub- recipients shalt certify and disclose accordingly i l th t th P bli hi t t tif . (a) ng emp oyees a s ng a s atemen no y e u unlawful manufacture, distribution, dispensingt possession, or use of a controlled substance is prohibited in the grantee's 2. DEBARMENT SUSPENSION AND OTHER RESPONSIBILITI~ MATTERS workplace and specifyin the actions that will be taken against, ~ h hibi i f (DIRECT RECIPIENT). pro t on; employees or violation o suc As required by Executive- Order 12549, Debarment and (b Establishing an on-going drug-free awareness program to inform employees about- Suspension, and implemented at 28 CFR Prt 67, for prospec- five participants ih primary covered transactions, as defined at 28 CFR Part 67, Section 67.510- (1) The dangers of drugs abuse in the workplace; - A. The applicant certifies that it and its principals: (2) The grantee's policy of maintaining adrug-free workplace; (a) Are not presently. debarred, suspended, proposed for debar- (3) Any available drug counseling, rehabilitation, and employee assistance programs; and merit, declared ineligible sentenced to a denial of Federal benefits by a State or federal court, or voluntarily excluded (4) The penalties that may be imposed upon employees for from covered transactions by any Federal department drug abuse violaticns occurring in the workplace; or agency; b Have not within athree- ear eriod recedin this a lica- L n d o ' m n a e (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the state- io been convicted of or ha a c il ud erit re dered inst c m n merit required by paragraph (a); them for commission of fraud or a ri inal offense in co nec- tion with obtaining, attempting to obtain, or performing a (d) Notifyin the employee in , the statement required by as a condition of employment under the paragraph ~a) that , grant, the employee will- OJP F~~~Sti'15~2~5~~t:~.~~ F~C~~-~~2~ 14~~~3 AND 4061!4 WHICH ARE OBSOLETE. EXHIBIT A to RESOLUTION 2009-xxx (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; {e Notifying, the aggency, in writing, within 10 calendar days a er receivmg nofioe under subparagraph (d (2) from an employee or otherwise receiving actual notice of such convio- tion. Employers of.convicted employees must provide notice including position title, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W.L Washington D.C. 20531. Notice shall include the iden- tification number(sj of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted- (1) Taking apppropriate personnel action against such an employee, up to and including termination consistent with the requirements of the Rehabilitation Act of 193, as amended; or (2) Requiring such employee to_ participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local. health, law enforce- ment, or other appropriate agency; (g) Making a good faith effort to continue to maintain adru - ree work lace through implementation of .paragraphs (a), (b~, (c), {d), (e~, and (f). B. The grantee may insert in the space provided below the site(s) for the performance of work done m connection with the specific grant: Place of Performance (Street address, city, country, state, zip code) Check ^ if there are workplace on file that are not identified here. 5ec#ion 67, 630 of the regulations provides. that a grantee that is a Sta#e may elect to make one certification in each Federal fiscal year. A copy of which should be included with each ap- plication for Department of Justice funding. States and State agencies may elect to use OJP Form 4061/7. Check ^ if the State has elected to complete OJP Form 4061 /7. DRUG=FREE WORKPLACE (GRANTEES WHO ARE INDIVIDUALS) Asp required b the Drug-Free Workpplace Act ofgg 1988, and defined at 28 CFR Part 67 Sections 6 7615 andf67.620n--tees, as A. As a condition of the grant. I certify that 1 will not engage in the unlawful manufacture distribution, dispensing, .posses- sion, or use of a controlled substance in condd~on any activity with the grant; and B. If convinced of a criminal drug offense resulting from a violation occurring during the conduct of anyy grant activity, I will report the. conviction, m writing within 10 calendar days of the conviction, to: Department o{ Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 1. Grantee Name and Address: ~` MARANA POLICE DEPARTMEPIT 11555 West Civic Center Drive Marana, Arizona 85653 2. Application Number and/or Project Name 3. Grantee IRSNendor Number Terry P. Tometich, CHIEF 4. Typed Name and Title of Authorized Representative 5. Signature 6. date Regular Council Meeting -December 1, 2009 -Page 12 of 71 EXHIBIT A to RESOLUTION 2009-xxx 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCII. CHAMBERS, December 1, 2009, 7:00:00 PM To: Mayor and Council From: T VanHook ,Community Development Director Strategic Plan Focus Area: Not Applicable Item C 2 Subject: Resolution No. 2009-193: Relating to the Police Department; approving and authorizing full execution of a grant agreement with the Governor's Office of Highway Safety funding a new motorcycle under the Police Traffic Services Program (U.S. Code, Title 23 Section 402) Discussion: The Marana Police Department (MPD) has been awarded $35,500 from the Governor's Office of Highway Safety for an additional motor unit to target aggressive drivers. The addition of motor officers dedicated to traffic enforcement will allow the MPD to increase efforts to reduce speeding and aggressive driving, heading off the behaviors that lead to increased incidents of motor vehicle accidents. By proactively addressing the issues and reducing the burden of accident investigation the MPD will be able to leverage freed up manpower to more aggressively address the ongoing I-10 closures and issues in school zones and neighborhoods. Increased maneuverability in congestion, faster acceleration and breaking make motor units best suited for this enforcement effort. As compared to traditional police vehicles, motors offer the officer a better observation platform without restriction to radar and laser beams. The units also have less initial and maintenance costs reducing ongoing expense to the Town as compared to a fully equipped traffic enforcement vehicle. Marana's weather and roadways lend themselves to the use of police motors. The motor will be deployed during the key commute times in the areas that have statistically show the highest incidents of in traffic enforcement coverage to those areas indicated as having high incidents of aggressive drivers, high speeds, and collisions. The MPD is confident that by taking this approach for addressing the problems associated with speeding and aggressive drivers it can reduce the number of collisions, serious injuries, and deaths among its citizens and simultaneously make Marana's I-10 corridor and adjacent roadways safer for everyone. Financial Impact: There are no match requirements as part of this funding agreement. ATTACHMENTS: '_\atne: Description: T`~pe: Regular Council Meeting -December 1, 2009 -Page 13 of 71 ^ Pa6ce - GOHS Motor 2009 Resolution.doc GC}NS R~latar lJnit Resolution 12-2009 Resolution Staff Recommendation: Staff recommends the approval of the funding agreement with the Governor's Office of Highway Safety for the purchase of a motor unit under the Police Traffic Services Program. Suggested Motion: I move to adopt Resolution No. 2009-193, authorizing the Town Manager to execute a funding agreement with the Governor's Office of Highway Safety for the purchase of a motor unit under the Police Traffic Services Program. Regular Council Meeting -December 1, 2009 -Page 14 of 71 MARANA RESOLUTION N0.2009-193 RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING FULL EXECUTION OF A GRANT AGREEMENT WITH THE GOVERNOR'S OFFICE OF HIGHWAY SAFETY FUNDING A NEW MOTORCYCLE UNDER THE POLICE TRAFFIC SERVICES PROGRAM (U.S. CODE, TITLE 23 SECTION 402) 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 reduce the number of high- speed collisions in the region; and WHEREAS, the Marana Police Department is working to increase enforcement to reduce the number of aggressive and high speed drivers on Arizona roadways; and WHEREAS, The Governor's Office of Highway Safety (GOHS) has the Marana Police Department a funding to help further these goals;. and WHEREAS, GOHS funding will allow the Marana Police Department to purchase a motor unit and related equipment. 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 Governor's Office of Highway Safety. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this lst day of December, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -December 1, 2009 -Page 15 of 71 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, December 1, 2009, 7:00:00 PM To: Mayor and Council Item C 3 From: T VanHook ,Community Development Director Strategic Plan Focus Area: Community Building Subject: Resolution No. 2009-194: Relating to Community Development; granting $2,000 to the Community Food Bank, Inc. an Arizona 501(c)(3) non-profit organization to support Marana Food Bank programs for Marano senior citizens, youth, and families Discussion: The Marana Food Bank (MFB) has been in operation since 1977 serving individuals and families in need of food. A large number of low income Marana families receive monthly food boxes to supplement basic nutritional needs. MFB's mission is to "meet the needs of the hungry in the town of Marana". MFB offers Food Boxes on a walk-in or referral basis to qualified families. In addition, MFB offers special "Food Plus" boxes to postpartum mothers, children ages 1-6, and seniors on, a monthly basis. The boxes contain high-nutrition foods to address the special dietary needs of these special populations.box program serving . Most of MFB's clients live close to poverty level. As fuel and food costs rise and wages stagnate, and jobs are lost the need for supplemental food boxes has risen. Over the last year food distribution has continues to increased and much like last year, the Food Bank's donations are not keeping pace with the growing needs. The picture becomes clear when you look at the number. Between January 1 and September 30, 2008, MFB had distributed 86,3721bs of food from the Grier Road location. During the same time period in 2009, the number of food boxes more than doubled with 191,553 lbs of food distributed.Funding is being requested to support food boxes distributed in Marana. Financial Impact: This grant will be posted to the Outside Agency line item. ATTACHMENTS: ~Tarne: I~escripti can: Type: ^ Food Bank- Resolution Resolution Resolution 12-2009.doc Staff Recommendation: Staff recommends providing a grant for $2,000 to the Marana Community Food Bank to support Regular Council Meeting -December 1, 2009 -Page 16 of 71 the Food Box programs in providing food for Marana families. Suggested Motion: I move to adopt Resolution No. 2009-] 94, funding a grant for $2,000 to the Marana Community Food Bank to support the Food Box programs in providing food for Marana families.. Regular Council Meeting -December 1, 2009 -Page 17 of 71 MARANA RESOLUTION N0.2009-194 RELATING TO COMMUNITY DEVELOPMENT; GRANTING $2,000 TO THE COMMUNITY FOOD BANK, INC. AN ARIZONA 501(C)(3) NON-PROFIT ORGANIZATION TO SUPPORT MARANA FOOD BANK PROGRAMS FOR MARANA SENIOR CITIZENS, YOUTH, AND FAMILIES WHEREAS, the Town of Marana has established a fund to support local non-profit organizations forwarding the priorities set by Mayor and Council; and WHEREAS, Mayor and Council recognizes the need to promote programs that encourage services for senior citizens, support youth and families, and encourage volunteerism; and WHEREAS, Marana Food Bank is a branch of the Community Food Bank, Inc., a community-based non-profit organization is providing programming to offer food to older citizens, new mothers, young children, and families throughout the community; and WHEREAS, Marana Food Bank has established a Food Box program that provide delivery of sixty-pound box of nutritious food on a monthly basis to senior citizens and families with young children in the Town of Marana; and WHEREAS, Mayor and Council find that granting funding for Fiscal Year 2009-2010 as set forth in this Resolution is in best interest of the citizens of Marana. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, to grant the Marana Food Bank $2,000 from outside agency funding to support the distribution of Food Boxes, providing food for Marana families. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 1St day of December, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -December 1, 2009 -Page 18 of 71 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, December 1, 2009, 7:00:00 PM To: Mayor and Council Item C 4 From: Tom Ellis ,Parks and Recreation Director Strategic Plan Focus Area: Heritage Strategic Plan Focus Area -Additional Information: One of the five focus areas of the Town of Marana Strategic Plan is "Heritage that Ties the Past to the Future". One of the action strategies for this focus area is to "create a naming program to give historically significant names to parks and public facilities". Subject: Relating to Parks and Recreation; choosing a historically significant name for the new district park being constructed at Silverbell and Cortaro Discussion: At the regular Town Council meeting held on November 17, 2009, the Mayor and Council were presented with possible names for the new district park being constructed at Silverbell and Cortaro. The five names are: PARK NAME a i SIGNIFICANCE _ - 'Bojorquez Ruins Park Site of the Bojorquez Ranch "Ancient Trails Park People of many cultures have past along this route for generations Simply put in the news article, the area was a "...crossroads and meeting place..." The name is clear and simple, plus could easily be combined with a logo or graphic that depicts the history. For Crossroads Park example an intersection of 2 roads that appear as a cross (no religious reference) and within the quadrants of the Crossroads, four very distinct graphics. One graphic could show a crop, another a Hohokam emblem, etc. Le ac District Park g y Remembering where we came from and leaving our own trail for future generations i Regular Council Meeting -December 1, 2009 -Page 19 of 71 the. story teller is a Native American elder; future stories will be Story Teller Park told about experiences at the park; thousands of stories are housed at the library, interpretive areas of the park will tell stories of the past The names had been chosen by the Town of Marana Parks and Recreation Citizen Advisory Commission from a list of 92 suggestions offered by the public during the "Name the Park" contest held in September. The Parks and Recreation Advisory Commission recommended that the Council choose their favorite names from the short list so that the names could be presented to the public for a vote during the month of December. The top voted name will become the official name of the new district park and will be revealed at the park's grand opening on February 27, 2010. Ballots will be made available through local media outlets and the Town of Marana web site beginning December 2nd. Ballots will be collected at Park and Recreation. administrative sites and via on-line voting though December 31st. The winning name will be announced on February 27th during grand opening ceremonies. Financial Impact: None ATTACHMENTS: '~ an~e: Desct•iption: Type: Na Atfachrnenis 4vailable Staff Recommendation: Staff recommends direction by Council to move forward with the public vote regarding the five names selected. Commission Recommendation - if applicable: Parks and Recreation Citizen. Advisory Commission recommends direction by Council to move forward with the public vote regarding the five names selected. Suggested Motion: I move to direct the Parks and Recreation staff to move forward with the public vote to name the new district park on Silverbell and Cortaro using the five names presented. Regular Council Meeting -December 1, 2009 -Page 20 of 71 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, December 1, 2009, 7:00:00 PM To: Mayor and Council Item C 5 From: Erik Montague ,Finance Director Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2009-195: Relating to Finance; approving the transfer of $250,000 in budgeted expenditure authority from the General Fund contingency line item to the uninsured loss line item for the partial payment of the settlement of the case entitled United Fire & Casualty Company v. Pima County, Case No. CV 08-381-DCB, involving sewer installation and connection within Honea Heights Discussion: On November 17th, 2009 Mayor and Council approved the settlement of the case entitled United Fire & Casualty Company v. Pima County, Case No. CV 08-381-DCB, involving sewer installation and connection within Honea Heights. The agreement allows for the settlement amount of $625,000 to be paid in two installments. The first installment of $250,000 is due within thirty days of the agreement's approval and the second installment of $375,000 is due by the end of July 2010. As this cost was not anticipated and not incorporated in the fiscal year 2009-2010 budget, staff is seeking Council approval to transfer $250,000 from the General Fund's $1,000,000 contingency line item to the uninsured loss line item to make the first of two payments. The second payment due in July 2010 of $375,000 will be incorporated within the 2010-2011 budget. Financial Impact: The impact of this settlement will be $250,000 for fiscal year 2009-2010 and $375,000 for 2010- 2011.The source of payments are reserves. ATTACHMENTS: Nate: De4cription: Type: ~ Res..olution Contingency Transfer.doc ResolutEOn Resolution Staff Recommendation: Staff recommends approval of Resolution 2009-195, approving the transfer of $250,000 in the General Fund's contingency budgeted line item to uninsured loss line item to pay for the first of two settlement payments. Regular Council Meeting -December 1, 2009 -Page 21 of 71 Suggested Motion: I move to adopt Resolution 2009-195, approving the transfer of $250,000 in budgeted expenditure authority from the General Fund contingency line item to the uninsured loss line item for the partial payment of the settlement of the case entitled United Fire & Casualty Company v. Pima County, Case No. CV 08-381-DCB, involving sewer installation and connection within Honea Heights. Regular Council Meeting -December 1, 2009 -Page 22 of 71 MARANA RESOLUTION N0.2009-195 RELATING TO FINANCE; APPROVING THE TRANSFER OF $250,000 IN BUDGETED EXPENDITURE AUTHORITY FROM THE GENERAL FUND CONTINGENCY LINE ITEM TO THE UNINSURED LOSS LINE ITEM FOR THE PARTIAL PAYMENT OF THE SETTLEMENT OF THE CASE ENTITLED UNITED FIRE & CASUALTY COMPANY V. PIMA COUNTY, CASE NO. CV 08-381-DCB, INVOLVING SEWER INSTALLATION AND CONNECTION WITHIN HONEA HEIGHTS WHEREAS, on June 23, 2009, the Council adopted the fiscal year 2009-2010 budgetary document 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, on November 17, 2009 Mayor and Council approved the settlement of the case entitled United Fire & Casualty Company v. Pima County, Case No. CV 08-381- DCB, involving sewer installation and connection within Honea Heights; and WHEREAS, the settlement agreement allows for the settlement amount of $625,000 to be paid in two installments with the first payment of $250,000 due within thirty days of the agreement's approval and the second installment of $375,000 by the end of July 2010; and WHEREAS, reallocations of budgetary amounts between the contingency line item in the General Fund to other line items are necessary from time to time. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the of transfer of $250,000 from the General Fund's budgeted contingency line item to the uninsured loss line item to pay for the first of two settlement payments shall be 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 1St day of December,-2009. ATTEST: Mayor Ed Honea APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -December 1, 2009 -Page 23 of 71 REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, November 17, 2009, at or after 7:00 PM Ed Honea, Mayor Herb Kai, Vice Mayor Russell Clanagan, Council Member Patti Comerford, Council Member Carol McGorray, 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 7:00 p.m. All Council Members were present except Council Member Ziegler, who was excused. Council Member Clanagan arrived on the dais at 7:03 p.m. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE Cub Scout Troop 219, Dens 10 and 11 led the pledge of allegiance. APPROVAL OF AGENDA Motion by Council Member Comerford, second by Council Member McGorray to approve the agenda as amendecb Item C3 was removed and Item BI to follow Item P2. Motion carried 6- 0. CALL TO THE PUBLIC Judy Capen presented the Mayor and Council with a `thank you' plaque from the 2009 NW Pima County Relay for Life and the Town of Marana relay team for the town's sponsorship. She also informed them the 2~ 10 relay will be on May 1 and 2, 2010. David Morales asked the Council to challenge themselves by incorporating the "concept of greatness" he alluded to throughout his comments and task themselves to come up with something that does not exist that would benefit the town, and make it a reality, such as he did with his `tax valley' paper. Mr. Morales also announced that he would not be running for Mayor or a council seat at the next election. Tom Ellis announced that Jen Ward, a recreation coordinator for after school programming was recognized by the AZ Center for After School Excellence in October 2009. This is a statewide Regular Council Meeting -December 1, 2009 -Page 24 of 71 organization of after school providers. They awarded her the Jane Romatzke Leadership Award, which is the leadership award given to the # 1 provider in the state. He showed a plaque from the Office of the Governor. PRESENTATIONS P 1: Presentation: Relating to Development; a presentation on the current status of the Digital Flood Insurance Rate Map process (DFIRM) also known as map modernization Presented by Keith Brann. He updated the council on the status of the new FEMA maps, known as map modernization. He reviewed where they were two years when FEMA issued draft maps that took into account on items that were not considered levees, including the CAP canal, I- 10 and Union Pacific Railroad. The entire Tortolita Fan was studied and looked into how the different structures would resist a base flood and modeled there: That study was accepted by FEMA this year in March and from that point we got back on track with map modernization which was put on hold while we did our study. The FEMA presented preliminary maps to the town in May 2009. Town staff reviewed them along with the other Pima County jurisdictions and made comments. At this time, FEMA has published these maps in the Federal Register and notices in the Arizona Daily Star. They can also be viewed at the Town Hall and on the website and on Pima County's websites. Because of this, we have entered the protest and appeal period for these maps. People who wish to dispute the mapping by FEMA and by reference, the town's drainage study, may do so. In order to effect how the mapping works, they would have to propose alternate scientific study. At this time::; we have received one formal appeal and two protests orpseudo-protests. The town did issue a press release to the various media outlets, and we are also conducting outreach and notification such as this meeting tonight. Our website is up to date with this information, containing work maps and these maps from the CMG study. We've also been working with Pima County Flood Control District. They are assisting us and all other jurisdictions in Pima County. They assist inthe review of the maps, creating specific applications to look at the new mapping side by side<with the old mapping. At this time Pima County has made a public website toassist the public. There is also a link from the town's floodplain website.' You can enter any address in Pima County to compare the old mapping to the new mapping. There are many layers that you can turn on and off. This will be used for public outreach and education. Other things that the town is going to do is coordinate with Pima County and other jurisdictions to hold public open houses -open forum houses to assist people in viewing the effects of the new maps on their properties and give recommendations on what they can do -how they can purchase flood insurance ahead of time and grandfather those rates. The town will also` identify every property affected by the map change and notify every owner with a recommendation of what staff thinks they should do. There are issues with grandfathering flood insurance and the cut-off date of 1984. Staff will continue to provide counter assistance for walk-ins. P 2: Presentation: Relating to General Government; presentation on the 2010 United States Census Presented by Josh Wright. He gave a brief update on the status of the 2010 US Census. It is a count of everyone living in the US that occurs every ten years. There are other surveys done in between, but this is where a lot of our demographic data comes from. It's used to distribute congressional seats to the states, and over $300B in federal funding is distributed based on Regular Council Meeting -December 1, 2009 -Page 25 of 71 what's collected in the census questionnaires. That's about $3,000 in federal funding eligibility per person. There are many programs that rely on census data from workforce development to healthcare to agriculture to law enforcement and highway safety.- It is required by law to participate. It's not something that's talked about a lot as an enforcement but it is in the US Constitution. To dispel some common myths, not even the President can get access to census data before the formal delivery date of the overall package to him. The 2010 census is a little different in that it's only 10 questions. The town has been preparing and working with organizations regionally for some time - as early as 2007-08. There was a lot of GIS data work with PAG and the County. Now we're getting into the high-gear period. On March 1, 2010, the census questionnaires will be mailed to all residents. April 1 is what they call "Census Day." This is the day the Bureau is hoping to have the returned data. If there's no response to the first questionnaire mailed, they will send another one during April. If by May there is still no response, they will make an attempt to send a local census worker to the door to do a questionnaire in person. If you don't respond to that -that's it. The time has passed. Those dates are very important. December 31 is the official day that the Census Bureau delivers its package to the President. April 1, 2011, we will see the data at a more local level -from the state to the cities and towns. So we will not see the data for a year after it's been collected. Marana was selected as the site of the rural office for the Census. There is a metro office that serves just the City of Tucson. There is a considerable populatio~l of snowbirds, and that is our biggest concern in Marana in terms of public outreach and education efforts. We need to make sure we get those people early on so that they don't take the census somewhere else. The goal of the complete count committee -the PAG sponsored organization to coordinate efforts -their goal is to raise overall county participation by 10%. It was 67% in 2000. Marana's been very successful with about 77% participation in 2000 -the second highest in Pima County behind Oro Valley. The highest inahe state was the City of Litchfield Park. Our local outreach plan has been developed for strt`ff to get thewprd out in the community. Council assistance will be valuable. Implementation will begin before the end of the year. By January 2010, the census information will be posted in English and Spanish on the town's website, homeowner's associations and civic groups. That will be ongoing until the census is released to the public. Particular attention will be given`f~ age-restricted communities due to individuals who leave in the April-May timeframe. He noted a consent item on tonight's agenda that is really for support to show that we are committed to the region and the US Census Bureau. ANNOUNCEMENTS/UPDATES PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Clanagan reported he had been at the Coyote Trail Elementary School with a committee tasked to recommend to the MUSD governing board whether there should be a 15% override election in March or November of 201.0. There is a dire need for additional funding for MUSD based on what's going within the state budget. He expressed his hope that everyone appreciated the value of education and the need to support the schools. Also, Saturday is the 27~' El Tour de Tucson cycling event. With the exception of the children's rides, all riders will come through Marana. Regular Council Meeting -December 1, 2009 -Page 26 of 71 Mayor Honea reported that he and Gilbert Davidson and Erik Montague attended the Arizona Town Hall in Flagstaff. There were a lot of people from around the state including elected officials and from many other fields. It was very eye-opening. The state is in a lot of trouble financially, second to California. He stated that we would have to be creative going forward, but that we will make it. The Mayor and Josh Wright went to Phoenix to work on some of the zip code items with the US Postal Service to help obtain better identification of many Marana residents. He felt that some good progress was made even though more research is needed. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Mr. Davidson noted that the Council Executive Report is being finalized and will be to Council by the end of the week. It will be a recap of projects over the past month. STAFF REPORTS GENERAL ORDER OF BUSINESS CONSENT AGENDA Motion to approve as amended moved by Council Member McGorray, second by Vice Mayor Kai. Motion carried 6-0. C 1: Resolution No. 2009-189: Relating~to Development; approving a release of assurances for Twin Peaks Highland and acceptance of public improvements for maintenance Mayor Honea noted a typographical error in the Council communication sheet, which says "San Lucas Block 9" instead of Twin Peaks Highland. All other material is correct. C 2: Resolution No. 2009-190: Relating to General Government; affirming the Town of Marana's support of, and partnership with, the 20l 0 United States Census • , Removed. C 4: Minutes of the October 27, 2009 special meeting and the November 3, 2009 regular council meeting COUNCIL ACTION A 1: PUBLIC HEARING: Ordinance No. 2009.23: Relating to Development; rezoning of approximately 58.4 acres of land located east of Wade Road and approximately one-quarter (1/4) mile north of Ina Road from `R-144' (single-family residential -minimum lot size of 144,000 square feet) to `R-36' (single-family residential -minimum lot size of 36,000 square feet) The Mayor declared a public hearing. Presented by Kevin Kish who stated that The Planning Center is representing the property owners. He then gave an overview of the project and its location using a slide presentation, noting that the project is within the range of low density residential and fits within-the General Plan. Regular Council Meeting -December 1, 2009 -Page 27 of 71 Several jurisdictional washes have been identified for the project. He then presented an exhibit that shows how the washes would be protected and preserved. There would be a 40% disturbance of the site. The original report did recommend approval. The Planning Commission held a meeting in August 2009, and they voted to recommend denial to the Council on the second vote. Speakers included Judith Meyer, 3845 Camino de Oeste, Ed Verburg, 555 W. Lazy C Drive, Dean Reardon, 7570 N. Wade Road, Henry Williams, 7675 N. Wade Road, Rocky Webster, and 7659 N. Wade Road. The speakers were not objecting to the project but concerned about protecting the natural habitat areas, height of homes that would affect views, the density affecting traffic and noise. Ms. Meyer was particularly concerned about being able to maintain biological diversity within the zoning. Mr. Verburg spoke regarding the main issues as they pertain to wildlife corridors. Mr. Reardon noted that his residence is'mmediately next to the property on the north side. He was concerned about his views and privacy. Mr. Williams noted that he and his wife had just moved to their property from Pennsylvania. He, too, is concerned about protecting the wildlife near his home. Rocky. Webster moved to Marana from Tucson in the 1980s. He and his wife are concerned about traffic and noise: and light pollution that has already been diminished by the developed that has taken place. Her.and the others who spoke are requesting that the rezoning be denied and the developer be required~to develop under the current zoning rules and regulations. Jack Neubeck, The Planning Center, representing Mr. and Mrs. Btd Cardinal, spoke on their behalf. He noted that he basically agreed with the conditions set forth by the staff. He noted that he has consent signatures from several of the adjacent owners. Anyone who knows Mr. Cardinal and the product he does knows that he does a qual ity project.. Great strides have been made to preserve the jurisdictional washes and wildlife corridors. Westland Resources has spent a considerable amount of time to come up with thisplan. Council Member Clanagan asked if there had been neighborhood meetings. Mr. Neubeck responded that there had been a meeting on June 11, 2009 and people were given an email address to ask questions. He noted that Mr. Cardinal owned the majority of this property for about 20 years. When he first came before Council several years ago, the density was much higher. Mayor Honea closed the public hearing and asked for a motion from Council. Council Member Comerford made a motion to approve the ordinance, second by Council Member Post. Motion carried 4-2 with Council Members Clanagan and McGorray vofing nay. A 2: Resolution No. 2009-191: Relating to Personnel; approving a temporary personnel policy regarding employee leave; and declaring an emergency Presented by Suzanne Machain. She noted that the effect of the request to approve a temporary personnel policy. would be to relax some of the current policies. Due to the contagious nature of the two strains of flu -seasonal and H1N1 -that are currently circulating throughout the nation, the town would like to take precautions by having employees not come to work if they are sick or think they are getting sick. Some employees have not met the eligibility requirements for sick or personal leave or have used their leave, and may feel that they can't stay home. This temporary policy would relax the existing policy and allow for vacation as well as sick or personal leave to be used. Also, donated leave -normally used only for catastrophic illness - Regular Council Meeting -December 1, 2009 -Page 28 of 71 would be allowable under these circumstance. This temporary policy could be lifted at any time at the discretion of the Town Manager. Motion to approve moved by Council Member McGorray, second by Council Member Clanagan. Motion carried 6-0. BOARDS, COMMISSIONS AND COMMITTEES B 1: Presentation: Relating to Economic Development; presentation on the progress of the "Shop Marana" campaign currently being developed by the Business & Economic Development Citizen Advisory Commission Josh Wright introduced the speakers. He also noted that this item is included in the Strategic Plan. Presented by Amber Smith and Kelle Maslyn. Ms. Smith began by showing a slide of the proposed "Shop Marana" logo. The logo is "Shop Marana Today, Build Marana Tomorrow. The first purpose of the campaign is to put tax dollars being spent go back to the community - roads, parks, and everything we like to enjoy in Marana. The second purpose i to help identify the town limits and boundaries so that the town is showcased for everyone. They researched six communities in the state that have offered similar,campaigns, including Oro Valley. Surveys of 300 Marana business were sent out asking what they would like to see in this campaign. The goal is to have a trial run from May 15 -August 15 in 2010 to capitalize on the fact that snowbirds are gone and school's not in session, and then do a full run during next year's holiday season. Regarding media outreach, they would like to include a website with a map of the town's participating businesses, print media, radio, posters and television. Everything depends on budget and money. She then explained how the campaign would work. Discounts should be at least 10%. The logo was financed by Comcast and designed by Jolene Campbell. They want to take it in two directions to maximize the advertising potential -bumper stickers, banners, etc. and noted again the campaign depends on how much money can be raised through sponsorship opportunities, donations and fundraisers. Business participation would be through discounted shopping. There will be different distribution points for the shopping cards. Many aspects still have to be determined. B 2: Presentation: Relating to Parks and Recreation; naming process for the new district park under construction at Silverbell and Cortaro Presented by Tom Ellis, who. gave the Council some information on the history and current status of the planning, design and construction of the park. Since the project came about, reference to the park has been."Silverbell/Cortaro District Park." In keeping with the Strategic Plan, it was proposed to have a contest to rename the park that would reflect the park site's historic importance. Staff and the Parks CAC made some attempt, but decided that because it's a community park, the contest made sense. In September, information was put out in the local media asking people to send in ideas or suggestions. Over 92 suggestions were made. At the October Parks CAC meeting, the members whittled the list down and bring their suggestions to Council for consideration of about three names. Then they would go back to the public and have the public vote on it after again streaming it to the various media sources. It is expected that on February 27, the park's name will be revealed. The following names were selected for consideration by the Parks CAC. (1) Bohorquez Ruins Parks because the.old ranch is there and the structures have been preserves and will be Regular Council Meeting -December 1, 2009 -Page 29 of 71 interpreted on the site. (2) Ancient Trails Park. Because the Anza Trail, Butterfield Station, the Mormon Battalion, Silverbell Road -people have been traveling up and down that Santa Cruz route for over 4,000 years. (3) Crossroads Park -sent in by a number of people -because of the trails intersection with the Yuma Wash (4) Legacy Park because we are remembering where we came from and leaving our own trail for future generations (5) Storyteller Park because the Native American elder is the storyteller and stories will be told through families about experiences they had at the park; the library is full of stories, and the park will be a center for interpretation for not only the archeology but the ranch, the trails, the river and everything going on around there. Staff would like Council to think about the suggestions and come back with a recommendation to take back to the public. Comments from the Counci I included why not consider all names -not just three. Consider that "Marana" be included as part of the name to identify it with our community. Make sure that the name is unique and distinctive to not be confused with other places in the Tucson area. Mayor Honea noted that no action would be taken tonight. Council Member Comerford asked if the name(s) shou]d be selected before the dedication. Once the short list is decided on at the December 1 Council Meeting, Mr. Ellis would like to announce the name(s) at the holiday tree lighting on December 5. ITEMS FOR DISCUSSION/POSSIBLE ACTION D L• Legislative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature Steve Huffman presented, stating that the Governor has called the Legislature into special session, starting at 3:00 p.m. today. The House and Senate will be meeting tomorrow and the. Appropriations hearing is scheduled for Thursay. The stated goals are hopefully to have an abbreviated session. As noted previously, the tint Legislative Budget Committee increased the current fiscal year shortfall in the state general fund budget from $LSB to $2B. This legislative session is being called with the intention of reducing that fiscal year shortfall by about a half a billion dollars. It will still leave about a billion and a half dollar shortfall. With this fiscal year the expectation - if they are successful in passing something -would be to try to resolve the remaining budget issues in the legislative session starting in January. That will provide some unique challenges for us and everybody that is depending on the state to take some action, and we'll certainly be looking at pretty significant mid-year budget cuts from the legislature. At this point with three draft bills that have been presented, we're not sure what's going to come out at the end of the process. Cities and towns have not really been targeted in any of these bills. There are some fairly minor sweeps'of funds. The most significant thing that could have an impact on us are proposed reductions for the LTAF 1 and LTAF 2 which are the lottery funds that go to local transportation projects. About $2.3M in LTAF 1 and $1.M in LTAF 2 would be distributed across the state. In the big picture, revenues continue to look bad. Lottery sales are the only revenue sources not suffering losses. Revenues are coming in below even the lowest projections. EXECUTIVE SESSIONS Motion to go into execution session on E 3 and E 4 by Council Member McGorray, second by Vice Mayor Kai. Motion carried 6-0. Council left the dais at 8:25 pm. Council returned to the dais at 9:16 pm. Regular Council Meeting -December 1, 2009 -Page 30 of 71 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 (1) the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008-001131, (2) pending legal issues, settlement discussions and contract negotiations relating to the transition of Marana wastewater collection and treatment to the Town of Marana E 3: Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), discussion or consultation for legal advice with the Town's attorneys and"discussion and to consider its position and instruct the Town Manager and staff concerning possible acquisition of certain water infrastructure and accounts and water rights and/or resources 4 E 4: 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 United Fire & Casualty Company v. Pima County, Case No. CV 08-381-DCB, involving sewer installation and connection within•Honea Heights Motion by Council Member Clanagan, second by Council Member McGorray to proceed as directed by legal counsel, approving settlement of the lawsuit in the amount of $625,000, and direct staff to bring an item back at the next Council Meeting to discuss possible funding mechanisms. Motion carried 6-U. FUTURE AGENDA ITEMS ADJOURNMENT Motion to adjourn moved btu Council;Member Comerford, second by Council Member Clanagan. Motion carried 6-0. The meeting was adjourned at 9:17 p.m. CERTIFICATION I hereby certify that the foregoing. are the true and correct minutes of the Marana Town Council meeting held on November 17, 2009. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk Regular Council Meeting -December 1, 2009 -Page 31 of 71 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, December 1, 2009, 7:00:00 PM To: Mayor and Council From: Kevin Kish ,Development Services General Manager Strategic Plan Focus Area: Commerce Item A 1 Subject: Ordinance No. 2009.07: Relating to Development; clarification of Town Council added condition pertaining to the rezoning approximately 4.8 acres of land located on the east side of Breakers Road easement, approximately one-third of a mile south of Tangerine Road from `C' (Large Lot Zone) to `HI' (Heavy Industrial) for Advantage Materials Discussion: Summary of Application The Planning Center, on behalf of Advantage Materials L.L.C., requests clarification of an added. town council added condition for a rezoning on approximately 4.8 acres to develop a contractor's building and material/equipment storage yard. This site is generally located on the east side of Breakers Road easement, approximately one-third mile south of Tangerine Road. History On May 21, 2009, at a public hearing, Town Council approved this rezoning with two (2) additional conditions imposed by Council. At the meeting, the applicant's representative, Bob Conant of the Planning Center (now retired) agreed to the additional conditions without the owner being present. Ordinance 2009.07 (attached) was approved and recorded. The owners, Advantage Materials, L.L.C., never signed and returned the 207 waiver which is required by the ordinance. The reason the owner did not sign and return the 207 waiver was the wording of one of the new conditions. The disputed condition 11, states, "All stockpiled sand, gravel, and dirt materials shall be removed from the Rezoning Area not later than June 20, 2010, and no processing of theses materials shall occur on the Rezoning Area from and after that date." The applicant and owner believe that the wording of the condition does not accurately reflect the Council's concerns and direction as discussed at the May 21st public hearing (meeting minutes attached). Applicant's Request The applicant and owner agrees with all other conditions imposed by Ordinance 2009.07 except condition 11. They would like additional clarification, deletion and/or modification of this condition. ATTACHMENTS: Regular Council Meeting -December 1, 2009 -Page 32 of 71 \ae: Descr~ptton: Type: ^ Ordinance 20..09.07.pdf Ordinance 2009.07 (recordedl Ordinance ^ Advantage Nfatenals Rezoning_Prop 207. Prop 207 Waiver Backup Material Waiver,DOC ^ Advantage_letter,pd..f Applicant`s Letter Exhibit ^ PCZ-08069 Location Map.pdf Location Map Backup Material ^ Minutes 05 21 2009 . Regular,pdf Minutes of 5 21;2009 Town Council Meeting Backup Material Staff Recommendation: Staff recommends approval of the rezoning with the following conditions: 1. Compliance with all provisions of Town Codes, Ordinances, and policies of the General Plan current at the time of development including, but not limited to, requirements for public improvements. 2. A development plan and related improvement plans for this property shall be submitted for review within 6 months of Town Council approval of the rezoning. The developer must diligently pursue the completion/acceptance of the development plan. 3. No final certificate of occupancy will be issued for any building in the rezoning area until a development plan has been reviewed and accepted by the Town of Marana. 4. The owner must dedicate 30-feet of right-of-way along the entire western property line for Breakers Road upon demand of the Town or prior to approval of the development plan. 5. Prior to the Town's issuance of a certificate of occupancy for any structure within the rezoning area, Breakers Road easement must be paved 24 foot wide from Tangerine Road to the rezoning sites southern most access point with across-section acceptable to the Town Engineer. The property owner shall maintain the section of roadway constructed by the property owner to standards generally consistent with those of public roadways. If an improvement district is formed by the Town for construction, improvement and/or maintenance of the roadway in Breakers Road easement, the property owner shall not protest the formation of the improvement district; the property owner's fair share contribution to the improvement district shall be credited to the extent of the cost of permanent Breakers Road improvements constructed by the property owner. 6. Archaeological clearance shall be obtained before grading permits will be issued and before any construction activities can commence. Clearance will not be granted until all requirements of Title 20 of the Town of Marana Land Use Code have been completed to Town standards, and to the satisfaction of the Town of Marana Cultural Resources Manager. All archaeological work must be performed by a professional archaeologist who meets the requirements as listed in Title 20, Section 20.04. 7. The property owner shall connect to municipal water and/or sewer lines once water and/or sewer lines are located within 300 feet, or as required by code, of the rezoning area. This connection shall be done at the owner's expense. 8. No lot split of any kind is allowed without written consent of the Town of Marana. 9. No approval, permit or authorization by the Town of Marana authorizes the applicant and/or landowner to violation of any applicable federal or state law or regulation, nor relieves the applicant or the land owner from the responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. The applicant is hereby advised to retain an appropriate expert and/or consult with federal and state agencies to determine any action necessary to assure compliance with applicable laws and regulations. 10. The Rezoning area shall not be used for asolid-waste transfer facilities. 11. All stockpiled sand, gravel, and dirt materials shall be removed from the Rezoning Area not later than June 20, 2010, and no processing of these materials shall occur on the Rezoning Area Regular Council Meeting -December 1, 2009 -Page 33 of 71 from and after that date. Suggested Motion: OPTION l : I move to re-adopt Ordinance No. 2009.07, approving the Advantage Materials rezoning, with conditions as written. OPTION 2: I move to re-adopt Ordinance No. 2009.07, approving the Advantage Materials rezoning, clarifying the conditions as follows. Regular Council Meeting -December 1, 2009 -Page 34 of 71 F. ANN RODRIGUEZ, RECORDER DOCKET: 13573 RECORDED BY: MRB PAGE: 692 DEPUTY RECORDER 1562 PE-1 y°g ~I~q ~'~ ~~O N0. OF PAGES: SEQUENCE : 4 20091080257 SMARA Z 06/05/2009 TOWN OF MARANP, ~~ \ ~ ~"4 ORDIN 13:57 ATTN : TOWN CLERK 9~pTiE- 11555 W CIVIC CENTER DR MAIL MARANA AZ 85653 AMOUNT PAID $ 8..00 MARANA ORDINANCE N0.2009.07 RELATING TO DEVELOPMENT; REZONING APPROXIMATELY 4.8 ACRES OF LAND LOCATED ON THE EAST SIDE OF BREAKERS ROAD EASEMENT, APPROXIMATELY ONE-THIRD OF A MILE SOUTH OF TANGERINE ROAD FROM `C' (LARGE LOT ZONE) TO `HI' (HEAVY INDUSTRIAL) FOR ADVANTAGE MATERIALS WHEREAS, Advantage Materials, LLC is the property owner of in a portion of Section 5, Township 12 South and Range 12 East, as depicted on Exhibit "A" attached to and incorporated in this Ordinance by this reference (the "Rezoning Area"); and WHEREAS, the Marana Planning Commission held a public hearing on Apri129, 2009, and at said meeting voted to recommend, by a unanimous vote 6-0, that the Town Council approve the rezoning, adopting the recommended conditions; and WHEREAS, the Marana Town Council held a public hearing on the rezoning on May 20, 2009, and determined that the rezoning should be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: SECTION 1. The rezoning of approximately 4.8 acres of land as described below complies with the Town of Marana General Plan. SECTION 2. The zoning of the Rezoning Area is hereby changed from `C' (Large Lot Zone) to `HI' (Heavy Industrial). SECTION 3. This rezoning is subject to the following conditions, the violation of which shall be treated in the same manner as a violation of the Town of Marana Land Development Code (but which shall not cause a reversion of this rezoning Ordinance): 1. Compliance with all provisions of Town Codes, Ordinances, and policies of the General Plan current at the time of development including, but not limited to, requirements for public improvements. 2. A development plan and related improvement plans for this property shall be submitted for review within b months of Town Council approval of the rezoning. The property owner must diligently pursue the completion/acceptance of the development plan. 3. No final certificate of occupancy will be issued for any building in the rezoning area until a development plan has been reviewed and accepted by the Town of Marana. Regula~r~~r~mber 1, 2009 -Page 35 of 71 _ 1 _ y 4. The property owner must dedicate 30-feet ofright-of--way along the entire western property line for Breakers Road upon demand of the Town or prior to approval. of the development plan. Prior to the Town's issuance of a certificate of occupancy for any structure within the Rezoning Area, Breakers Road easement must be paved 24 foot wide from Tangerine Road to the Rezoning Area's southern most access point with across-section acceptable to the Town Engineer. The property owner shall maintain the section of roadway constructed by the property owner to standards generally consistent with those of public roadways. If an improvement district is formed by the Town for construction, improvement and/or maintenance of the roadway in Breakers Road easement, the property owner shall not protest the formation of the improvement district; and the property owner's fair share contribution to the improvement district shall be credited to the extent of the cost of permanent Breakers Road improvements constructed by the property owner. 6. Archaeological clearance shall be obtained before grading permits will be issued and before any construction activities can commence. Clearance will not be granted until all requirements of Title 20 of the Town of Marana Land Use Code have been completed to Town standards, and to the satisfaction of the Town of Marana Cultural Resources Manager. All archaeological work must be performed by a professional archaeologist who meets the requirements as listed in Title 20, Section 20.04. 7. The property owner shall connect to municipal water and/or sewer lines once water and/or sewer lines are located within 300 feet, or as required by code, of the Rezoning Area. This connection shall be done at the property owner's expense. 8. No lot split of any kind is allowed without written consent of the Town of Marana. 9. No approval, permit or authorization by the Town of Marana authorizes the applicant and/or property owner to violation of any applicable federal or state law or regulation, nor relieves the property owner from the responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. The property owner is hereby advised to retain an appropriate expertand/or consult with federal and state agencies to determine any action necessary to assure compliance with applicable laws and regulations. 10. The Rezoning Area shall not be used for asolid-waste transfer facility. 11. All stockpiled sand, gravel, and dirt materials shall be removed from the Rezoning Area not later than June 20, 2010, and no processing of these materials shall occur on the Rezoning Area from and after that date. SECTION 4. This Ordinance shall not be effective until the Town files with the county recorder an instrument (in a form acceptable to the Town Attorney), executed by the property owner and any other party having any title interest in the Rezoning Area, that waives any potential claims against the Town under the Arizona Property Rights Protection Act (A.R.S. § 12-1131 et seq., and specifically A.R.S. § 12-1134) resulting from changes in the land use laws that apply to the Rezoning Area as a result of the Town's adoption of this Ordinance. If this waiver instrument is not recorded Regul~~c,~pmber 1, 2009 -Page 36 of 71 _ 2 _ within 90 calendar days after the motion approving this Ordinance, this Ordinance shall be void and of no force and effect. SECTION 5. All ordinances, resolutions and motions and parts of ordinances, resolutions, and motions of the Marana Town Council in conflict with the provisions of this Ordinance are hereby repealed, effective as of the effective date of this Ordinance. SECTION 6. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held. to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21~` day of May, 2009. Mayor E Honea ATTEST: lyn C. B nson, Town Clerk Regul~1Q~~~mber 1, 2009 -Page 37 of 71 _ 3 _ EXHIBIT A REZONING AREA The West half of the Southwest Quarter of the Southeast Quarter of the Northeast Quarter of Section 5, Township 12 South, Range 12 East, G&SRB&M, Pima County, Arizona; EXCEPT the North 25 feet thereof. Regular Council Meeting -December 1, 2009 -Page 38 of 71 CONSENT TO CONDITIONS OF REZONING AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE N0.2009.XX ADVANTAGE MATERIALS L.L.C., an Arizona limited liability company (the "Owner") owns the land referred to in this instrument as the "Property," which is particularly described in Exhibit A attached to Marana Ordinance No. 2009.XX (the "Rezoning Ordinance") and incorporated by this reference in this instrument. The Property is the subject of Town of Marana rezoning case number PCZ-08069, filed on behalf of the Owner, which the Marana Town Council approved with conditions on May 20, 2009 by the adoption of the Rezoning Ordinance. The Owner hereby agrees and consents to all of the conditions imposed by the Marana Town Council in conjunction with the approval of the Rezoning Ordinance and waives any right to compensation for diminution in value pursuant to Arizona Revised Statutes § 12-1134 that may now or in the future exist as a result of the approval of the Rezoning Ordinance. The Owner also consents to the recording of this document in the office of the county recorder, to give notice of this instrument and its effects to successors in interest of the Property, who shall also be bound by it. Dated this _ day of , 2009. ADVANTAGE MATERIALS, L.L.C., an Arizona limited liability company By: Sean L. Leiber, Member By: Jody A. Mott, Member By: Marc A. Martinez, Member STATE OF ARIZONA ) Ss County of Pima ) The foregoing instrument was acknowledged before me this day of , 2009 by Sean L. Leiber, Member of Advantage Materials L.L.C., an Arizona limited liability company, on behalf of the company. Notary Public My commission expires: Regul~yr~~~~l~ Adv~ag~g(~Iat0t~~18~e2o~~egT'fo~if Z0~ Waiver.DOC The foregoing instrument was acknowledged before me this day of , 2009 by Jody A. Mott, Member of Advantage Materials L.L.C., an Arizona limited liability company, on behalf of the company. Notary Public My commission expires: The foregoing instrument was acknowledged before me this day of , 2009 by Marc A. Martinez, Member of Advantage Materials L.L.C., an Arizona limited liability company, on behalf of the company. My commission expires: Notary Public Regul~r~Ee~c ~P~.A~~~~iat~t~t~13Re2o~~g~o~if 017 Waiver.DOC *,~~ Mr. Kevin. Dish Development services General. Manager 11~~5 W. Civic Center Drive Martina, AZ 85b~3 ?tilovember ~ 9, 2449 RE; PCZ-48469 Advantage Materials and C)rii i n a n c e 2449.47 additional condi t i c~ r~ (~ ) Dear Kevin, As you are award, this rezoning. went to Planning. and Zoning April 29, 2(}49 and was unanimously recommended for approval (6-4~ after much discussion about height of stored materials. As painted out by Keith Braun, due to the size of the parcel, 4.8 acres, and required buffers, there was a limit on haw high the material. storjge could be and it was considexably less than the height of some ofthe water attractinrls at the adjacent Breakers Water Park. This was confirmed, at the hearing, by Steve Miklosi, manager of Breakers,. who also gave an endr>rscment ofthe Advantage Material owners and how they had. always been "good neighbor s" always willing to help out, especially regarding n~~iintenance of Breakers Read. easement. Tl~e owners were present and they were in av~rement to the conciitic~n~ recommended by Staff. When the request came to the Mayor and Council on May 21, 2449, a new issue had arisen. `t`his had to do with a request fir a waste transfer station on a nearby property that was already zoned Hl. Bob Conant {now retired} was representing the owners before the Mayer and Council and 1 had confiacted Vice Mayor Kai and had told him we would agree to adding a condition excluding waster transfer stations now or in the future. During the hearing there: was discussion, again, regarding the material pile }te%ght, "processing" of materials, and removal of the material piles, The owners were not present and Mr. Conant, without there consent, agreed that the material piles would lie ``reduced'' to a manageable height in a reasonable period of time. The ordinance was approved with the waste transfer station condition read into the record, but the last condition, pertaining to removal of '.~tll., materials and. no "processing''{ l l ), nothing eras read into the retard anti. ~~ hen the final ordinance came to the owners, with. this condition, realized that this condition would in effect. end their business. They discu~~cci this with me, and with Jon. Lieber, Esq., who is the father of one ofthe owners, Sean 4.ithcr. They decided not to sign. the 247 waiver since they 1?el iL ~~e that this would be a ti irtual "taking'' of their property with this condition attached_ ~c,tiv tl~~ ordinance has expired so I am requesting to take: this back. to the Council and. eliminate condition 11. 1 have discussed this E; ith the owners, and they are ready to sign Regular Council Meeting -December 1, 2009 -Page 41 of 71 the waiver «ith the ~Iiri~it~ation of this condition... The only other alternative, would be tc Dave a clear definition of what "processing" is so they can. continue with their business, `l"!~~r business consists t~f taking materials from sites that they h~tv~ ~.ca~ ated, such as ~a«uaro Ranch., and St~:~r-G the material in a large material pile for ree}cling. `T`hey then re~~ cle the material h~ ef~~3rnting the rock and sand, and they may crush the rack to a srnailcr more usable ~i, c. llte~= do not make concrete, like Hayden, to the north afthem, nor do they make asphaf, iii, ~ ~i mi (ar zoned properties, nor do they have any current ir~t~nti«r~ to do either. In the future they might recycle building materials but this, wi thous a clear definition of "processing" this kind of recycling would also lie considered "processing' I thank yc~u ft~r ~=our considerati~~r~ in tLris matter andv~'ill be available ~ discu,~s F~c~ith }:c~u or Council tner~zb~rs, at your r4qu~•~t arrd l l~opc we can resolve this in a manner tl~~,t is acceptable to 4 t ~ r~ one. Sincerely, ^~, r~ '°J Jack Neul~ck .-~flrincipal ~. Regular Council Meeting -December 1, 2009 -Page 42 of 71 ~ T~ _ ; , , ,, _~ . F r ~--~' r ~ ` `~ Advantage Materials ~ . ~~ Rezoning _ f 1 1 L !: + f A ~` +~a•~ - I '" "'~' "~ ~~`~`~`~ ~ ~``° CASE PCZ-08069 ~f~l ~~°~ ~`~ t`_,1 F ~ I ~+. ~rt f~J.~^, W TANGERINE RD e bje t Pr pert , ~~~ ~s~ ~TF ~~ T~ RegUeSt o ZOO 2aoo ft. Approval to change the zoning of approximately 4.81 acres from "C" Large Lot Zone to "HI" Heavy Industrial in order to build a 12,000 sq. ft. contractor building and yard. The property is generally located on the east side of Breakers Road easement, approximately one-third mile south of Tangerine Road. 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, d 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 correct or complete a n ' rf v d~~t~ or consequential damages, including but not limited to time, money or goodwill, arising from the da~~oU~a~~oun~l~ IVI~e{Inny I~eCem~2cr''~n~~~ s{~aial~ir~r,~ REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, May 21, 2009, at or after 7:00 PM Ed Honea, Mayor, present Herb Kai, Vice Mayor, present Russell Clanagan, Council Member, present Patti Comerford, Council Member, present Carol McGorray, Council Member, present Jon Post, Council Member, present Roxanne Ziegler, Council Member, excused REGULAR MEETING CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Honea at 7:00 p.m. Council Member Ziegler was excused, all others present, as noted above. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE Led by Mayor Honea. APPROVAL OF AGENDA Motion to approve moved by Council Member Comerford, second by Council.'~Iember McGorray. Motion carried 6-0. CALL TO THE PUBLIC Several members of the public addressed Council regarding item C9, Resolution No. 2009-78. Ian Poynton mentioned that he thought there was a proposed two or three phase process that would have been done from the meeting a few months ago. He stated he was upset that this item was put on the agenda at the last minute. He also said he was disgusted with how this has been handled. Tim Blowers spoke regarding the beauty of the Tortolitas and the park and access on the east side that will not provide what is needed for public access. This easement has been used for over 30 years, and a lot of people believe something is being taken away from them and he asked for postponement and a public meeting. Sharyl Cummings asked for a way to improve communications regarding the residents who live in the Tortolita area and items that affect that area and the Town's actions involving that area. Regular Council Meeting -December 1, 2009 -Page 44 of 71 Steve Blomquist reviewed some history before Marana was incorporated and the public easement in and near the Tortolita Mountains, then the activity when Marana annexed the Phinney property in that area. Tracy Chamberlain spoke to the Town's intent in crafting the agenda on the issue of the Saguaro Ranch item and asked if this item could be removed from the Consent Agenda and held for public comment. Dawn Arnold also registered her disappointment in the Saguaro Ranch item being on the Consent Agenda. Ken Maus spoke to the Saguaro Ranch issue and his surprise that the issue was placed on the Consent Agenda at the last minute without respect for additional public input so that there will be public access on the easement. Mark Hulet spoke to the effort of due diligence of the developer of the property who did not know of the public easement on the Saguaro Ranch property -represent the public or represent the developer. Lynn Marrs asked if a review was done as indicated earlier and could homeowners get a copy of the review; what is the rush to push this item through. Jon Michael indicated that. he thought there would be a public process rather than find the Saguaro Ranch item on the Consent Agenda the day after an election. He also referenced elected officials in various jurisdictions who he felt had deceived the public. Peter Giannini expressed his personal view on protecting the easement and concerns about the process of bringing this item for a vote and the Constitutional right of referendum when the rights of the citizens are circumvented. PRESENTATIONS ANNOUNCEMENTS/UPDATES PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Comerford reported on Marana High School Grad Night. One hundred twenty students attended; no report of any incident involving any student from Marana High School. She also presented Council with the thank you card from the students. She thanked T. Van Hook for helping get the funds for this event. Council Member McGorray reported that her grandson graduated from Canyon del Oro and attended a similar grad night program there. She felt that these programs help save lives. Regular Council Meeting -December 1, 2009 -Page 45 of 71 Mayor Honea attended the State of the State and talked with the Governor. He indicated that he and the Vice Mayor toured the Grad Night event. He noted that several people including Monica Sutton, Pam Mosely, Tammy Foster, Crystal Flood, and Tina La Losa who spent hundreds of hours getting this event ready for the students. He also attended the Chamber luncheon today and heard Ken Bennett, State Treasurer, speak on the state budget. Sixty percent of Arizona's budget goes to education. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Mr. Davidson reported that the Council Executive Report has been submitted for review, and Senator John McCain will be speaking at Town Hall at 10:00 a.m. on May 26 about what is going on at the federal level. TOWN REPORTS Marana Chamber 2009 1st Quarter Report. Presented by Ed Stolmaker, PresidentlCEO, Marana Chamber of Commerce. GENERAL ORDER OF BUSINESS CONSENT AGENDA Motion to approve moved by Council Member Comerford, second by ice Mayor Kai. Motion carried by a 6-0 Roll Call vote with Council Member Ziegler excused C 1: Resolution No: 2009-69: Relating to Mayor and Council; adopting procedures for members of the Town Council and of special and standing boards, commissions, and committees of the Town to participate in public meetings by electronic attendance; and declaring an emergency C 2: Resolution No. 2009-70: Relating to the Police Departrent; approving and authorizing the Chief of Police to execute an intergovernmental agreement between the Marana Folice Department and the State of Arizona Department of Public Safety Arizona Counter Terrorism Information Center regarding the statewide terrorism liaison officer program C 3: Resolution No. 2009-71: Relating to the Police Department; approving and authorizing the Mayor to execute a license agreement with Kai Properties relating to the use of Kai Properties property for the purpose of Marana Police Department canine handler training; and declaring an emergency C 4: Resolution No. 2009-72: Relating to Utilities; approving and authorizing the execution of the Modification to the Membership Agreement to the Services Agreement between the Town of Marana Water Department and the Arizona Board of Regents, University of Arizona to extend membership in the Water Conservation Alliance of Southern Arizona C 5: Resolution No. 2009-73: Relating to the Police Department; approving and authorizing full execution of a Grant Agreement (HT19-09-1711) with the Arizona Regular Council Meeting -December 1, 2009 -Page 46 of 71 Criminal Justice Commission to receive funding under the High Intensity Drug Trafficking Area Grant Program C 6: Resolution No. 2009-74: Relating to Development; approving the release of the Private Improvement Agreement for Northwest Fire District Station 381ocated at 8475 N. Star Grass Road and acceptance of public improvements for maintenance C 7: Resolution No. 2009-75: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a Location Transfer of a No. 9 (Liquor Store) liquor license submitted by Kim K. Kwiatkowski on behalf of Circle K Stores, Inc. located at the northeast corner of Ina Road and Camino de Oeste C 8: Minutes of the April 28, 2009 special council meeting, May 5, 2009 regular council meeting, and the May 12, 2009 special council meeting C 9: Resolution No. 2009-78: Relating to Real Estate; vacating and abandoning any rights of ingress and egress granted to the public by the easement recorded in Docket 7718, Page 333, Pima County Recorder's Office, including any previously recorded versions and as it may have been amended, located within the Town limits of the Town of Marana; and declaring an emergency COUNCIL ACTION A 1: PUBLIC HEARING: Ordinance No. 2009.06: Relating to Development; rezoning approximately 2.06 acres of land located south of Cortaro Farms Road and east of Cerius Stravenue from R-36 (single-family residential -minimum lot size of 36,000 square feet) to NC (neighborhood commercial} for the QuikTrip Corporation Lisa Shafer addressed Council. The Mayor interrupted to declare the public hearing open. Ms. Shafer noted that MJM Consulting is requesting approval of a rezoning for QuikTrip and then moving forward with the annexation. She reported on the neighborhood meetings that she had attended a public hearing. in April and the fact that there had been no opposition. She also noted that last week several protest letters were received. She also indicated that she contacted several of the protesters. This compilation information has been provided to Council. She also noted that this item requires a superrnajority vote due to the protests. James Thomas, president of the homeowners' association at Cortaro Ranch spoke and referenced a presentation by QuikTrip earlier in the year and noted that there had been no negative continents expressed at that time. Martin Sepulveda representing Circle K noted that he had delivered protests to the Town Clerk. He noted 69 signatures opposing high traffic use in the Oshrin Park subdivision. His concern was the zoning. He indicated that he was not opposing QuikTrip from a competition standpoint. His concern was related to the process of having an annexation before the zoning issue could be considered. He referenced a legal case dealing with the process and procedure -from November 4, .1997 - where a Council adopted an ordinance to move forward with an annexation. He again referenced the Regular Council Meeting -December 1, 2009 -Page 47 of 71 zoning process and land use plan of 2007. He referenced Arizona Revised Statutes and asked Council to look at the process again. Council Member Comerford asked what Mr. Sepulveda's title was. She noted that he was not an attorney, but he indicated he represents Circle K in entitlements. Shauneen Washburn indicated that QuikTrip has been working with the neighbors from the beginning. She further indicated that Mr. Sepulveda came to her door and tried aggressively to get her to rescind her recommendation of QuikTrip and she questioned whether the 69 votes he got were intellectually based or study based, and indicated that she would love to have the traffic light. Farren Kleinfelter, Treasurer with the Cortaro Ranch homeowners' association, spoke in favor of QuikTrip. He indicated the positive benefits QuikTrip will bring to the neighborhood. Troy Hoyt, a resident of Oshrin Pazk, noted that QuikTrip had agreed to put in a signal light during a neighborhood meeting. Someone came to him a few weeks later and indicated that QuikTrip was going to do something other than what they originally indicated and he signed a paper, which he now believed to be erroneous in statement of fact. He believes that QuikTrip will honor their agreements and will be a good partner in the area. Martin Sepulveda asked to clarify a point that he was not contacting residents. The Mayor noted Council was out of public hearing. Council Member Clanagan asked Ms. Shafer to summarize the calls she made and findings after the protest letters were received. Ms. Shafer reported that she only looked at the Oshrin Park letters -not Cortaro Ranch. The 69 signatures represented 45 of the lots -multiple signatures for many lots. Twenty-eight came from owners, 17 came from renters. She focused on the owners only, calling 11. Two people that said they understood it was just the first two lots -they weren't really in favor of it -didn't need more development in the azea. Said Circle K and Wal-Mart is there -didn't see a need for it. They were light neutral. One lady said it might help get her horses across the street (Cortazo). The other people all came and said that the person who came to their homes would not say who they represented. None of them knew who they were working for. One gentleman told her that he was told that they worked for Organization for the People of Oshrin Park -that was what the people were told. Ms. Shafer said she got different stories from just about everyone. That the whole area was going to be annexed that the town was going to change the zoning, that they were not going to be able to keep their way of life with horses that QuikTrip would hookup to sewer and they would all be required to hook up to sewer and pay $4,000 to do that. She left messages for a few more that had not returned her call. The next part of the question was directed to Mr. Cassidy, asking for legal opinion on the information provided by Mr. Sepulveda. Mr. Cassidy responded that the case in question is that he was the attorney of record for Wal-Mart in Blanchard v. City of Show Regular Council Meeting -December 1, 2009 -Page 48 of 71 Low which is why he believes this process is exactly legal. That case says that as long as the rezoning does not become effective until the annexation is effective that it's perfectly fine. The Court points out that the whole point is to make sure that all of the public hearings have occurred and the nice thing about doing it the way we're doing is that QuikTrip in this case gets the opportunity to know in an open session what the requirements are. One of the main criticisms of the pre-annexation development agreement kind of process is that people get the feeling that deals are being made behind closed doors. This process allows the rezoning process to occur up front. The rezoning does not become final though until after the annexation is final. He disagrees with Mr. Sepulveda in terms of the holding of the Blanchard case. Motion to approve moved by Council Member Clanagan, second by Council Member Posh Motion carried by a 6-0 Roll Call vote with Council Member Ziegler excused A 2: PUBLIC BEARING: Ordinance No. 2009.07: Relating to Development; rezoning approximately 4.8 acres of land located on the east side of Breakers Road easement, approximately one-third of a mile south of Tangerine Road from `C' (Large Lot Zone) to `HI' (Heavy Industrial) for Advantage Materials The Mayor announced the meeting was open for public hearing. Kevin Kish presented this item. He noted that this property is currently subject to a code enforcement issue with the town and gave the history that brought this about. The current owner does intend to change this designation. He also noted the conditions of rezoning, including dedication of frontage property and paving Breaker's Road into. the project. There are three other projects which he noted that have the same requirements along Breakers Road to pave the easement. The Planning Commission recommended unanimously approving the rezoning. Council Member Post asked about the piles of dirt. Mr. Kish responded that would be taken care of through their development plan. The intent is to move the materials currently onsite to a contractor's storage yard. Vice Mayor Kai noted two concerns with the rezone -rezoning to HI is a good process but he concern is that in talking with the neighbors, including Breakers, that HI zoning allows installation of a waste transfer station. He also indicated that in talks with The Planning Center, they would not allow that property to have a waste transfer station which could be detrimental regarding odor. He then noted the code violations with the earth and material on the property. He would like a timeline from the developer to move the materials off the property. He also asked if The Planning Center had any comments. Bob Conant from The Planning Center indicated that he would stipulate to the added condition on the property and for a timeline but he didn't know what that would be at this time. He thought they would need at least a year to move the material. Vice Mayor Kai noted that the Camino de Mariana project coming up might be able to use that material. Mr. Conant indicated they would work with the client. Council Member McGorray also noted that it looks like a mining operation without the hole. She asked if all of the product would be moved. Mr. Conant indicated that there would be some storage of the material but not to the extent that it is now. He responded that it couldn't come up above whatever fencing they'd need. The Mayor declared they were out of public hearing. Regular Council Meeting -December 1, 2009 -Page 49 of 71 Motion to approve, with added conditions of prohibiting a waste transfer station and a timeline of up to a year or two to get the material moved out, moved by Vice Mayor %ai, second by Council Member McGorray. Motion carried unanimously. A 3: Resolution No. 2009-23: Relating to Transportation; approving and authorizing the Mayor to execute an agreement with Union Pacific Railroad Company concerning double-tracking through the Town Keith Brann presented this item to Council and noted that on November 5, 2008 a presentation was made to Council on double-tracking and the agreement between Union Pacific and the Town.. He gave a brief summary of the key points of the agreement. There were two changes made from the agreement shown to Council earlier. The original agreement was fora 10-year agreement with a 10-year extension. The current agreement is for 15 years with a 10-year extension due to the current economic situation. The other change in consideration of extending the term of the agreement is that projects. must actually be moving forward. Motion to approve moved by Council Member McGorray, second by Vice Mayor %ai. Motion carried unanimously. A 4: Ordinance No, 2009.08: Relating to Transaction Privilege Tax; amending the Tax Code of the Town of Marana by increasing the tax rate on transient lodging by three percent; and establishing an effective date This was presented by Erik Montague, referencing the study session to Council a week ago where this item was proposed. Information was identified as to what types of businesses would be affected. An outreach effort was made to individuals possibly impacted by changes to the code. Additionally, the town will be providing direct contact by written letter to those individuals or businesses impacted by this change. He pointed out that this item was considered by the Business and Economic Development Citizen Advisory Commission on Apri121, 2009 and was recommended for approval. He noted that he was directed by Council to bring this item back for consideration at tonight's meeting. Motion to approve moved by Council Member McGorray, second by Council Member Comerford Motion carried unanimously. Motion to go into Executive Session on items AS and A6, moved by Council Member Clanagan, second by Council Member McGorray. Motion carried unanimously. Council left the dais at 8:25 p.m. Council returned to the dais at 8:50 p.m. A 5: Resolution No. 2009-76: Relating to Budget; approving and authorizing the Town Manager to use a methodology to identify options for organizational restructuring as a budget modification method for fiscal year 2010; and declaring an emergency Regular Council Meeting -December 1, 2009 -Page 50 of 71 Gilbert Davidson presented this item. He noted how proud he was of staff in approaching the challenges faced. He recognized several people for their hard work and diligence in moving the restructuring forward. He provided a brief overview including a few slides to reiterate the goals, the budget shortfall as of Apri128, how we are closing that gap, and the contingency plan for state reductions. Erik Montague then presented and noted what had been identified for Levels I, II and III reductions, and savings through adjustments and reductions and costs. Gilbert Davidson then discussed some of the Level III options regarding the $804K deficit still to be dealt with. He noted that staff rose to the challenge of monumental proportions by contributing through voluntary furlough -132 employees donated back 917 days for a savings of $195,000; voluntary reduction in hours -six employees donated 1,820 hours fora $34,000 savings; voluntary Separation Incentive Plan including both early retirement and separation -six retirees and four resignations for $232K; and for key employees who cannot take time away from the job, 16 participants donated over $36K. The employees in total have donated nearly $SOOK. Every department contributed, and reduced the shortfall to $307K. The next step to be faced is that there is still a gap to be dealt with which will be accomplished through restructuring opportunities and still main critical services. He will be seeking concurrence on changes in public service, public safety and development services. This process will be included in the budget recommendation. He briefly went through the methodologies, including elimination of positions that will not affect critical services, span of control, consolidation, elimination of duplication, improved coordination of programs and services and responses, workload changes, positioning for the future and the five focus areas of the strategic.plan and how as a community we can make that successful. He also noted items that could change the scenario at any given time. He again noted that the state is still grappling with their budget issues that will impact cities and towns at some level. He also indicated that some positions will be at risk but could be dealt with under the WRAP program, if necessary. Staff will continue to monitor and analyze capital expenditures including fleet vehicles. If the state crisis is beyond anything we can manage internally, a mandatory furlough or layoff will be looked at as a last resort. He indicated that there has been some positive in this. He also noted that there should be caution in regard to limited use of the reserve account except as emergencies and for bond ratings. Council Member Comerford spoke about how fortunate the Council and the town is to have the staff who have given back. She also talked about the controversy of the Council raise. She pointed out that it was an ordinance that was brought to Council by a citizen committee. What the Council members can do is the same thing as the staff -decide to donate back.. That is an individual decision based on every person's issues. She will be donating back her raise. Vice Mayor Kai has always said that he would donate back, and Council Member Ziegler has indicated in the past that she would donate back. She reiterated giving up her job at the school was a painful decision, but she wanted the public to understand that sacrifices are made from everyone, and she felt strongly that this was the time to pufiher energy into being a council member., Regular Council Meeting -December 1, 2009 -Page 51 of 71 Motion to approve moved by Council Member Comerford, second by Council Member McGorray. Motion carried by a 6-0 Roll Call vote with Council Member Ziegler excused A 6: Resolution No. 2009-79: Relating to Water; approving and authorizing the Mayor to execute a Purchase, Settlement and Termination Agreement with the Cortaro-Marana Irrigation District and the Cortaro Water Users' Association; and declaring an emergency This item was presented by Frank Cassidy after the executive session. He noted that this is a proposed settlement agreement between CMID/CWUA and the Town. The payment of $1.SM for settlement of all pending claims and the acquisition of seven wells and six well sites and a payment of $ l OK for possession of the wells and well. sites during the negotiating period. Exhibit I which talks about the access to the sites -there was some concern by Sydney Smith that she wanted to make sure there was some flexibility on that. It was a specific list of access points that the town was asking CMID to quitclaim to us and she wanted a little time to consider this. Motion to approve, including any additional issues with Exhibit I, moved by Council Member Comerford, second by Council Member McGorray. Motion carried by a 6-0 Roll Call vote with Council Member Ziegler excused. BOARDS, COMMISSIONS AND COMMITTEES B 1: Resolution No. 2009-77: Relating to Boards, Committees and Commissions; approving and authorizing the re-appointments of John Soper and Joe Reilly to the Board of Directors of the Dove Mountain Resort Community Facilities District Mayor Honea presented this item. Motion to approve moved by Council Member Post, second by Council Member Comerford Motion carried unanimously. ITEMS FOR DISCUSSIONIPOSSIBLERCTION D 1: Le~aslative Issues: Discussion/Direction/Action re~,arding all pending bills before the Legislature Presented by Steve Huffman. He indicated to Council that the Legislature is proposing an $84M cut to cities and town, through vehicle license tax $108M from counties in that same tax in order to avoid a Constitutional requirement, a new mechanism to take money from towns and give money directly to local school districts which wouldn't require a 2/3 vote. He doesn't think this will happen, but the Legislature has gone to great lengths to get around the state Constitution. He thinks things will accelerate because they have to. He wants to set up a regular communication schedule with Council especially within the last month to be able to respond quickly to Legislative action. Council input will be critical. District legislators listen to town councils. EXECUTIVE SESSIONS Regular Council Meeting -December 1, 2009 -Page 52 of 71 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. This item corresponds to item A. 5 above. 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. This item applies to item A. 6 above. 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 Council Member McGorray. Motion carried unanimously. The meeting was adjourned at 9:28 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on May 21, 2009. I further certify that a quo~r~v,~ present. i~`•t1~OF ',,,~i ce yn C ronson, Town Clerk •~~ az+s>r Regular Council Meeting -December 1, 2009 -Page 53 of 71 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 .COUNCIL CHAMBERS, December 1, 2009, 7:00:00 PM To: Mayor and Council Item A 2 From: Jane Fairall ,Deputy Town Attorney Strategic Plan Focus Area: Not Applicable Subject: Ordinance No. 2009.24: Relating to the Police Department; amending Town Code Section 4-1-4 ("Departmental Rules and Regulations") to eliminate the requirement for Town Council approval of Marana Police Department rules and regulations and to establish that police department rules and regulations shall be in compliance with federal and state law, the Town. Code and Town ordinances, policies, directives, rules and procedures; and declaring an emergency Discussion: The Marana Police Department maintains a Policy and Procedure Manual that contains written guidelines regarding the direction and operation of the department. The manual provides Police Department employees with a clear understanding of the constraints and expectations relating to the performance of their duties. Policies within the manual are continually reviewed and updated or revised by the Police Department to ensure that they remain in compliance with all applicable laws and to facilitate the efficient operation of the Police Department. In addition, the development of new policies occurs on a regular basis. Currently, the Marana Town Code provides that the chief of police shall adopt departmental rules and procedures with the approval of the Town Council. However, for many years, as the town and the Police Department have grown, Marana Police Department chiefs of police have been overseeing the development of the Policies and Procedures Manual without Council involvement. The proposed item would strike the language in the Town Code that requires Council approval of Police Department rules and regulations and codify existing practice. This will allow the department to implement necessary revisions, additions or deletions in a more efficient manner. The proposed ordinance further establishes that it is the responsibility of the Chief of Police to ensure that the department's rules and regulations comply with all federal and state laws, as well as all town ordinances, rules, procedures and policies. If this change is approved, the Police Department intends to implement a revised policy regarding the development, implementation, dissemination and maintenance of the Marana Police Department Policy and Procedure Manual. This policy will provide that any member of the department may suggest changes to the manual, through his or her chain of command. In addition, the policy will allow for feedback from department employees, as well as other town Regular Council Meeting -December 1, 2009 -Page 54 of 71 departments, regarding proposed MPD policies prior to their implementation. Finally, the policy will require that MPD policies and procedures shall not supersede or nullify any rules, procedures or guidelines established by the Town of Marana. It is respectfully requested that the proposed ordinance be adopted, allowing the Chief of Police to adopt Police Department Policies and Procedures as needed without the necessity for Council approval. Financial Impact: None ATTACHMENTS: sane: Desc~-iptic~tl: Type: D PD Policies and Procedures-Council approval Ordinance C}rdinance Revision_(00017839-3j. DOC Staff Recommendation: Staff recommends approval of Ordinance No. 2009.24. Suggested Motion: I move to adopt Ordinance No. 2009.24, amending Town Code Section 4-1-4 to eliminate the requirement for Town Council approval of Marana Police Department rules and regulations and to establish that police department rules and regulations shall be in compliance with federal and state law, the Town Code and Town ordinances, policies, directives, rules and procedures; and declaring an emergency. Regular Council Meeting -December 1, 2009 -Page 55 of 71 MARANA ORDINANCE N0.2009.24 RELATING TO THE POLICE DEPARTMENT; AMENDING TOWN CODE SECTION 4-1-4 ("DEPARTMENTAL RULES AND REGULATIONS") TO ELIMINATE THE REQUIREMENT FOR TOWN COUNCIL APPROVAL OF MARANA POLICE DEPARTMENT RULES AND REGULATIONS AND TO ESTABLISH THAT POLICE DEPARTMENT RULES AND REGULATIONS SHALL BE iN COMPLIANCE WITH FEDERAL AND STATE LAW, THE TOWN CODE AND TOWN ORDINANCES, POLICIES, DIRECTIVES,. RULES AND PROCEDURES; AND DECLARING AN EMERGENCY WHEREAS Town Code Section 4-1-4 ("Departmental Rules and Regulations") requires Town Council approval of police department rules and regulations adopted by the chief of police; and WHEREAS the Town Council finds that it will be more efficient and is therefore in the best interests of the Town to allow the chief of police to oversee the development, adoption and imple- mentation of police department rules and regulations as needed, while ensuring that the police de- partment rules and regulations comply with federal and state laws, the town code and other town or- dinances, policies, directives, rules and procedures. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Town Council of the Town of Marana that Marana Town Code Section 4-1-4 ("Departmental Rules and Regulations") is hereby revised to read as follows (with deletions shown with st~ee~rt~ and additions shown with double underlining): The police department shall be operated and managed in accordance with the de- partmental rules and regulations as may from time to time be adopted by the chief of police, ~ ' . The chief of police shall ensure that the po- li epartment rules and regulations are in compliance with all federal and state I e provisions of this code and all town ordinances. personnel policies. admin- i rative directives and other rules and procedures as established by the town council or the town manager. If anv provision of the police department rules and regulations conflicts with federal or state law or anv provision of this code or a town ordinance. personnel policv. administrative directive or other town rule or procedure. the federal or state law. this code and the town ordinance. personnel policv. administrative direo- r~1~r r IT IS HEREBY FURTHER ORDAINED that it is necessary for the preservation of the peace, health and safety of the Town of Marana that this ordinance become immediately effective, so an emergency is hereby declared to exist and this ordinance shall be effective immediately upon its pas- sage and adoption. Regulq~~yl~e~~~~~~~ember 1, 2009 -Page 56 of 71 1 {00017839.DOC / 3} PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 1St day of December, 2009. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Reguly~~~l~e~~~pa~~~ember 1, 2009 -Page 57 of 71 2 {00017839.DOC / 3} 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, December 1, 2009, 7:00:00 PM To: Mayor and Council Item A 3 From: Steve Huffman ,Intergovernmental Affairs Administrator Strategic Plan Focus Area: Commerce, Community Building, Heritage, Progress and Innovation, Recreation Subject: Resolution No. 2009-196: Relating to Intergovernmental Relations; authorizing and directing those authorized to lobby on behalf of the Town of Marana to represent and pursue the Town of Marana 2010 Arizona State Legislative Agenda Priority Issues Discussion: The resolution provides guidance to all authorized lobbying staff on key principles of the Town of Marana and specific issues of concern in the 2010 Legislative Session. ATTACHMENTS: Name: Desc1°iptic~n: T~`pe: O resolution leg_priorities 2010.DOG Resolution 2409-XXXX Resolution D 2010_Legislatve Agenda.doc 2014 State Legislative Agenda Priority Issues Cxhibit Staff Recommendation: Staff recommends approval of this resolution to authorize designated Town of Marana lobbying staff to act on behalf of the Town. Suggested Motion: I move to adopt Resolution 2009-196, authorizing and directing those authorized to lobby on behalf of the Town of Marana to represent and pursue the Town of Marana 2010 Arizona State Legislative Agenda Priority Issues. Regular Council Meeting -December 1, 2009 -Page 58 of 71 MARANA RESOLUTION N0.2009-196 RELATING TO INTERGOVERNMENTAL RELATIONS; AUTHORIZING AND DIlZECTING THOSE AUTHORIZED TO LOBBY ON BEHALF OF THE TOWN OF MARANA TO REPRESENT AND PURSUE THE TOWN OF MARANA 2010 ARIZONA STATE LEGISLATIVE AGENDA PRIORITY ISSUES BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. That certain document known as "2010 State Legislative Agenda Priority Issues" is hereby referred to, adopted and made a part of this resolution as if fully set out here. SECTION 2. Those persons authorized by the Town of Marana to lobby on its behalf and registered as such with the Secretary of the State of Arizona pursuant to Arizona Revised Statutes § 41-1231 et seq. are hereby authorized and directed, subject to the continuing supervision of the Town Manager and the Town Council, to represent and pursue the legislative interests of the Town of Marana by supporting legislation that embodies any of the following basic principles: A. Empowering the Town of Marana with sufficient flexibility to address an expanding and changing variety of local needs and conditions. B. Establishing appropriate means to adequately compensate the Town for the costs of complying with state-mandated requirements. C. Providing the Town with the means to cope with inflationary cost increases, population growth and escalating service requirements. D. Enabling the Town to provide public services in a more responsive, efficient and cost- effective manner. E. Ensuring that the Town has the ability to provide, manage or operate critical infrastructure necessary to promote or maintain the health and safety of residents, preserve and direct land use and ensure the future sustainability of the community. F. Defining appropriate fiscal and administrative responsibilities within various Town, State/Town and County/Town joint programs. SECTION 3. In addition to those basic principles set forth in Section 2 of this resolution, the following specific objectives, as elaborated upon in the 2010 State Legislative Agenda Priority Issues document, shall be pursued at the State level: A. Protection of Cities and Towns from State-Shared Revenue Tax Cuts B. Maintenance and Support for Existing and New Transportation Funding Regular Co~l~~i~f~e~~1, 2009 -Page 59 of 71 C. Oppose Measures That Allow State Government to Cost-Shift Programs to Local Governments to Balance State Budget D. Support of Economic Development Program Funding E. Support Efforts to Preserve Access to Water Resources for Municipal Governments F. Support of Alternative Energy Source Requirements for Future Growth G. Support for the Housing Trust Fund H. Support of Renewable Energy Sources SECTION 4. Legislation that is inconsistent with any of the basic principles set forth in Sections 2 and 3 above should be opposed or appropriate amendments pursued. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this l5t day of December, 2009. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regular Co~~lq~isi~f~e~q~1, 2009 -Page 60 of 71 2 2010 State Legislative Agenda Priority Issues Protection of Dedicated Shared Revenues .For Local Government BACKGROUND: The State of Arizona has experienced significant reductions in revenue from every source. These reductions in revenue are expected to continue for several years. Recent analysis from the Joint Legislative Budget Committee, for example, estimated that sales and income tax revenues will not return to FY 2007 levels until at least FY 2012. At present, the FY 2010 budget is estimated to be more than $3 billion out of balance. In FY 2009, municipalities were required to contribute $30 million dollars from revenue sharing funds to help balance the state budget. This mandate was challenged by the Arizona League of Cities and Towns and held as unconstitutional by the Arizona Supreme Court. In FY 2010, a similar proposal was defeated in the Legislature. A proposal to require municipalities to contribute $22 million from Vehicle License Tax collections was initially vetoed by Governor Brewer but was later included as part of the FY 2010 budget during special session. Income and corporate tax cuts included in the FY 2010 budget did not include any provisions to hold cities and towns harmless from the impacts of these state revenue reductions. PRESENT STATUS: There have been numerous proposals offered by Governor Brewer and legislative leaders to balance the state budget. While Governor Brewer has been steadfast in her opposition to balancing the budget at the expense of cities and towns, local government has continued to be targeted for cuts that would significantly impact delivery of critical public services. In addition to the financial impact, many of these proposals have openly violated constitutional provisions that require atwo-thirds vote by the Legislature to implement them. As shared revenues are based on funds collected two years prior, cities and towns will continue to see falling revenues even after the economy begins to recover. Tax cuts without hold harmless provisions will further exacerbate the revenue reductions that cities and towns will experience. SPECIFIC REQUEST: The Town of Marana urges the Legislature to avoid balancing the state budget by using funds dedicated to local government for provision of critical public services. We further urge the Legislature to hold cities and towns harmless from the impacts of any state tax cuts. Regular Council Meeting -December 1, 2009 -Page 61 of 71 Maintenance and Support for Existing and New Transportation Funding BACKGROUND: State and Local governments have struggled for decades to keep up with the transportation needs of our communities. Even with the current economic slowdown Arizona faces a multibillion dollar transportation deficiency just to meet the needs of our current population. The Town of Marana relies on three major funds to help meet our transportation needs: Highway User Revenue Funds (HURF), Local Transportation Assistance Fund I (LTAF I) and Local Transportation Assistance Fund II (LTAF II). HURF funds are collected from taxes on motor fuels, vehicle registration, operator license and other transportation related activities. It is distributed using a formula based on population and fuel sales within each county. LTAF I funds are originated from Arizona Lottery proceeds and LTAF II funds are originated from multistate lottery games. HURF and LTAF I funds are restricted to transportation related uses. LTAF II funds are restricted to transit related expenses. PRESENT STATUS: As part of the effort to balance the FY 2009 and FY 2010 budget the Arizona Legislature swept monies from HURF, LTAF I and LTAF II. In some cases these funds were transferred to the state general fund. In other cases these funds were used to pay for Department of Public Safety expenses. In all cases these swept funds were diverted from use for needed transportation infrastructure. The current economic downturn has changed driving behavior and reduced revenues flowing into these funds. The recent sweeps in conjunction with the revenue downturns are effecting both local governments and the Arizona Department of Transportations ability to maintain and improve our roads and highways. SPECIFIC REQUEST: The Town of Marana supports legislation and/or administrative actions that protect existing state shared transportation revenues and seek out new sources of transportation funding to assure adequate local community services and infrastructure. Regular Council Meeting -December 1, 2009 -Page 62 of 71 Support of Local Control BACKGROUND: In 2009, the Arizona Legislature passed numerous bills that attempted to limit the regulatory authority of municipal government. SB 1022, for example, attempted to limit municipal authority to regulate political campaign signs in public right of ways. Three provisions in the FY 2010 budget attempted to place a freeze on the creation of any new impact fees or building codes as well as freezing the construction sales tax at its current level for at least two years. All of these proposals were eventually vetoed by Governor Brewer. The legislature also attempted to implement several policies which would require cities and towns to contribute funds from either revenue sharing, vehicle license taxes or impact fees to help balance the state budget. These proposals represented significant financial strains on municipal budgets. Additionally, these proposals raised several state and federal constitutional issues that created doubts as to their legality. PRESENT STATUS: Municipal government plays a critical role in service delivery in our state. We have primary responsibility for public safety, health and provide and maintain much of the public infrastructure needed in our communities. We work directly with citizens and businesses across our town to prioritize the needs of our entire community. These sometimes tough decisions are best made locally. One size fits all policy does not always work with the diverse needs of the people of our cities and towns. We need both the authority and financial resources to continue to build the strong communities that are the backbone of Arizona. SPECIFIC REQUEST: The Town of Marana urges the state legislature to recognize the important role that local government plays in our system of government. We urge the legislature to protect the financial resources and the decision making authority we need to provide the infrastructure and services necessary in our community. Regular Council Meeting -December 1, 2009 -Page 63 of 71 Support and Funding of Economic Development Programs and Tools BACKGROUND: State and local governments across the nation are seeing dramatic reductions in tax revenues as a result of the collapse of real estate values and the ensuing rising unemployment rates. Quality economic development has never been for important to our future than now. Local communities are facing competition from across the globe in their efforts to attract high wage jobs into our cities and towns. Southern Arizona communities are struggling to provide the infrastructure, economic environment and skilled labor necessary to bring jobs here. As a result of state budget constraints, economic development resources such as the Department of Commerce have experienced significant reductions in funding. Additionally, valuable programs such as the Job Training Fund that helps employers train workers for higher wage employment have been suspended due to a $22 million fund sweep in the FY2009 state budget. Our state universities and community colleges are also a vital part of our economic development efforts. The world class research conducted at the University of Arizona and the quality job training available at our community colleges are critical factors in the decision to relocate or expand business operations in our state. PRESENT STATUS: In 2009, the Town of Marana released a strategic plan for the future of our community. Economic development is a major focus of this plan. While our community has many assets, state resources and local incentives are invaluable in the highly competitive arena of economic development. Recent cuts to state economic development and educational programs in conjunction with efforts to alter local economic development tools such as the Government Property Lease Excise Tax (GPLET) have created even greater barriers to job creation in our state. There is still a willingness to invest in strategic economic development. In 2009, the legislature passed SB 1403, Quality Jobs Through Renewable Energy. This initiative provides financial incentives to renewable energy companies that build new facilities and bring high wage jobs to Arizona. SPECIFIC REQUEST: The Town of Marana urges the state legislature to identify, fund and implement economic development programs to provide support to Arizona communities. Furthermore, the Town urges lawmakers to maintain the existing economic development and incentive programs already used by municipalities. We believe that education is a critical component for job creation in our state and urge the legislature to protect our schools from cuts that will reduce our economic competitiveness. Regular Council Meeting -December 1, 2009 -Page 64 of 71 Support Efforts to Preserve Access to Water Resources for Municipal Governments BACKGROUND: Despite current economic conditions, population growth is projected to double within the Tucson Metropolitan Area by 2025. Based on previous growth trends, the Town of Marana expects to experience on of the highest growth rates in the region. As a result, it is critical that the community continue to secure all necessary water resources in order to maintain current service demands as well as to prepare for future resource and service requirements generated by new residential and employment related development. PRESENT STATUS: Existing state statutes require municipal governments within Active Management Areas to develop and maintain adequate water resources to sustain development within each incorporated municipality. While state statutes governing water resources are imperfect, the current statutory requirements generally represent balanced water management criteria for limited resources between municipal, regional and state governments. SPECIFIC REQUEST: The Town of Marana urges the state legislature to continue to provide municipal governments with the statutory responsibility to develop and manage water resources in order to provide existing and future residents with appropriate levels of service. Regular Council Meeting -December 1, 2009 -Page 65 of 71 Support for the Housing Trust Fund BACKGROUND: The Arizona Department of Housing (ADOH) is a relatively new state agency. It was signed into law in 2001 by Governor Jane Dee Hull. ADOH in conjunction with the Arizona Housing Finance Authority (AZHFA) were created to assist in developing tools to impact an area of growing concern for the state, an issue.that impacts the lives of all Arizonans-homes for working families. One of those critical tools is the Housing Trust Fund (HTF). The HTF assists in providing safe and decent housing for vulnerable and low-income populations. -These funds are especially important in smaller and more rural communities that often do not qualify for federal or other alternative programs. HTF monies also have greater flexibility than many programs using federal dollars. HTF funds have been used to provide shelter for the homeless, emergency response to fire closures, health and safety repairs for the elderly and disabled and many other important functions. PRESENT STATUS: The economic downturn of our state has left no state agency untouched. ADOH is no exception. The sweeps of the HTH have been so dramatic however that they have threatened the existence of the program altogether. Governor Brewer vetoed bills that would have permanently defended the HTH as part of the FY 2010 budget. The final budget included a $ 21.2 million sweep that left the HTF with and operating budget of $ 9.4 million. SPECIFIC REQUEST: The Town of Marana urges the Legislature to support the maintenance and continued funding of the Housing Trust Fund administered by the Arizona Department of Housing. Regular Council Meeting -December 1, 2009 -Page 66 of 71 Support of Renewable Energy Sources BACKGROUND: Renewable energy is a growing part of our state and our nations energy portfolio. In 2006, the Arizona Corporation Commission (ACC) released its Renewable Energy Standard Portfolio. Under these guidelines, Arizona has targeted a gradual increase in the use of renewable energy from 1.25% of our energy portfolio in 2006 up to 15% by 2025. Advances in research and technology for production of energy from solar, biomass, geothermal and numerous other renewable energy sources have created practical and profitable opportunities for our state. PRESENT STATUS: There have been some significant actions taken to encourage renewable energy production and use in addition to the actions of the ACC. In 2009, the Arizona Legislature passed SB 1403, Quality Jobs Through Renewable Energy. This legislation provides financial incentives to renewable energy companies that build new facilities and bring high wage jobs to Arizona. This legislation is consistent with goals outlined in our 2009 strategic plan to attract renewable energy industries to Marana. SPECIFIC REQUEST: The Town of Marana supports the Arizona Corporation Commission's Renewable Energy Standard Portfolio and the recent efforts of the Arizona Legislature to encourage research, use, job creation and production of energy from renewable energy sources. We encourage continuation of valuable incentive programs that would assist our state and town in attracting high wage jobs in renewable energy industries. Regular Council Meeting -December 1, 2009 -Page 67 of 71 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, December 1, 2009, 7:00:00 PM To: Mayor and Council Item A 4 From: Dorothy O'Brien ,Utilities Director Strategic Plan Focus Area: Not Applicable Strategic Plan Focus Area -Additional Information: Ensuring adequate water rates for the operation of the Utilities Department aligns with the Town's Strategic Plan and with resolutions to have the Department operate as an enterprise operation. Subject: Resolution No. 2009-197: Relating to Utilities; adopting a notice of intention to increase water rates, rate components, fees and service charges, and setting a January 5, 2010 public hearing on the proposed adoption Discussion: The Town of Marana Utilities Department has requested an economic consulting firm Economists.com to analyze the Town's water rates, rate components, fees and services charges to assure that they are adequate to fund the Utilities Department for the coming years. Economists.com has prepared an analysis and background material that are on file with the Town Clerk. Based upon the analysis prepared by Economists.com, Town staff is proposing to increase water rates and/or fees on February 5, 2010 with a subsequent increase on February 5, 2011. Arizona law (A.R.S. § 9-511.01) requires the Town Council to adopt a notice of intention to increase water rates, rate components, fees or service charges, and to set a date for a public hearing on the proposed adoption not less than 30 days after the notice of intention is adopted.. Town staff recommends that the Council adopt this notice of intention and set a public hearing at a regular Council Meeting on Tuesday, January 5, 2010, at 7:00 p.m. on the adoption of the increase rates and fees, to ensure that they go into effect before the summer water consumption increase occurs. By holding a January 5th public hearing on the rates, the rate increases can be effective on February 5, 2010 with a subsequent increase on February 5, 2011. Financial Impact: This item will increase the revenue to the Utilities Department and allow it to continue to operate as an enterprise fund for budgeting purposes. ATTACHMENTS: Name: Descri~tic~ Type: Regular Council Meeting.- December 1, 2009 -Page 68 of 71 ^ Notice of intent_re_water_fees_ (000182451.DOC Peso natlce of intention re water fees increase Resolution Staff Recommendation: Staff recommends the adoption of Resolution No. 2009-197, adopting a notice of intention to increase water rates, rate components, fees and service charges and setting a January 5, 2010 public hearing on them. Commission Recommendation - if applicable: At its November 10, 2009 meeting the Utilities Commission recommended moving forward with the public hearing regarding increasing water rates, rate components, fees and service charges and setting a January 5, 2010 public hearing on them. Suggested Motion: I move to adopt Resolution No. 2009-197, adopting a notice of intention to increase water rates, rate components, fees and service charges, and setting a January 5, 2010 public hearing on the proposed adoption. Regular Council Meeting -December 1, 2009 -Page 69 of 71 MARANA RESOLUTION N0.2009-197 RELATING TO UTILITIES; ADOPTING A NOTICE OF INTENTION TO INCREASE WATER RATES, RATE COMPONENTS, FEES AND SERVICE CHARGES AND SETTING A JANUARY 5, 2010 PUBLIC HEARING ON THE PROPOSED ADOPTION WHEREAS A.R.S. § 9-511.01 requires the Town Council to adopt a notice of intention to increase water rates, rate components, fees or service charges and to release to the public a written report containing certain required information about the rates, rate components, fees and service charges; and WHEREAS the notice of intention is the first step in increasing the rates, rate components, fees and service charges; and WHEREAS the statutorily required report is on file in the office of the Town Clerk, the substance of which was presented to the Town Council in a public presentation on December 1, 2009. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that notice is hereby given of the Town's intention to increase water rates, rate components, fees and service charges, and a public hearing on the proposed increase is hereby set for a regular Town Council meeting on Tuesday, January 5, 2010, at 7:00 P.M. in the Council chambers on the first floor of the Administration building, Marana Municipal Complex, 11555 West Civic Center Drive, Marana, Arizona 85653. IT IS FURTHER RESOLVED that the Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms and objectives of this resolution. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 1St day of December, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -December 1, 2009 -Page 70 of 71 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, December 1, 2009, 7:00:00 PM To: Mayor and Council Item D 0 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: acne: Degeripticm: Type: Na 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 -December 1, 2009 -Page 71 of 71