HomeMy WebLinkAbout09/07/2010 Council Agenda Packet~~
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MARANA TOWN COUNCIL
REGULAR COUNCIL MEETING
NOTICE AND AGENDA
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, September 7, 2010, 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 pa;Rers 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
Regular Council Meeting -September 7, 2010 -Page 1 of 71
printed in Braille or large print, a signer for the hearing impaired, etc., will be accommodated. Such
special services are available upon prior request to the Town Clerk at least 10 working days prior to
the Council meeting.
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, September 06, 2010, 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. No
electronic capability will be provided by the town beyond existing voice amplication and
recording (for DVD, CD Rom, USB drives, etc.) 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.
PROCLAMATIONS
National Preparedness Month Proclamation
MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS
MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS
PRESENTATIONS
CONSENT AGENDA
The Consent Agenda contains items requiring action by the Council which are generally routine
items not requiring Council discussion. A single motion will approve all items on the Consent
agenda, including any resolutions or ordinances. A Council Member may remove any issue from
Regular Council Meeting -September 7, 2010 -Page 2 of 71
the Consent agenda, and that issue will be discussed and voted upon separately, immediately
following the Consent agenda.
C 1: Resolution No_2010-81: Relating to the Police Department; approving
attachment "A", a step pay plan, and attachment "B", an open range pay plan, to the
Memorandum of Understanding between the Town of Marana and the Marana Police
Officers' Association retroactive to June 15, 2010 (Suzanne Machain)
C 2: Resolution No. 2010-82: Relating to Utilities; authorizing the town manager
and staff to take all necessary actions to cause the Town of Marana to participate in
the incorporation of and to join the Water Conservation of Southern Arizona (Water
CASA) (Dorothy O'Brien)
C 3: Minutes of the August 17, 2010 regular council meeting
LIQUOR LICENSES
L 1: Relating to Liquor Licenses; recommendation to the state liquor board
regarding the special event liquor license application submitted by the American
Diabetes Association on behalf of Hanley-Davidson, 7355 N. I-10 Eastbound
Frontage Road for the HOGtoberfest special event fundraiser
BOARDS, COMMISSIONS AND COMMITTEES
COUNCIL ACTION
A 1: Resolution No. 2010=83 -Relating to Economic Development; amending the
Marana Job Creation Incentive Program (Josh Wright)
A 2: PUBLIC HEARING: Ordinance No. 2010.15: Relating to Land
Development; amending Marana Land Development Code Title 3 (Definitions) and
Title 5 (Zoning) relating to Significant Land Use Change and Zones A-F; and
establishing an effective date (Lisa Shafer)
Resolution No. 2010-84: Relating to Development; declaring the amendments to
Marana Land Development Code Title 3 (Definitions) and Title 5 (Zoning) relating
to Significant Land Use Change and Zones A-F as a public record filed with the
town clerk (Lisa Shafer)
A 3: PUBLIC HEARING: Ordinance No. 2010.16: Relating to Land
Development; amending Marana Land Development Code Title 16 (Signs) by
deleting Sections 16-11-01 (Initial Fees), 16-11-02 (Work Performed Without a
Permit), 16-14-08 (Construction Signs), 16-14-29 (Temporary Construction Sign),
and 16-14-37 (Off-Premise Development Kiosk Sign Program) and by
revising Sections 16-09-04 (Political Sign), 16-10-O1 (Permits), 16-14-17 (Service
Station Price Sign), 16-14-27 (Development Sign), 16-14-28 (Developer, Contractor
and/or Subcontractor Identification Sign), and 16-15-01 (Violations of this Title);
and establishing an effective date (Lisa Shafer)
Resolution No. 2010-85: Relating to Development; declaring the amendments to
Marana Land Development Code Title 16 as a public record filed with the town
clerk (Lisa Shafer)
Regular Council Meeting -September 7, 2010 -Page 3 of 71
A 4: Resolution No_2010-86: Relating to Traffic and Highways; adopting a
regulatory wayfinding sign program to replace the "kiosk" program under the
Marana Land Development Code, and authorizing the Town Manager to administer
the regulatory wayfinding sign program with the technical guidance of the Town
Engineer (Keith Brann)
ITEMS FOR DISCUSSION/POSSIBLE ACTION
D 1: Legislative/Int_e_.~overnmental Report: Discussion/Direction/Action regarding
all pending state and federal legislation and report on recent meetings of other
legislative bodies (Gilbert Davidson)
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 (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 -September 7, 2010 -Page 4 of 71
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Regular Council Meeting - Septem'~er 7, 2010 -Page 5 of 71
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11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
COUNCIL CHAMBERS, September 7, 2010, 7:00:00 PM
To: Mayor and Council Item C 1
From: Suzanne Machain ,Human Resources Director
Strategic Plan Focus Area:
Not Applicable
Subject: Resolution No. 2010-81: Relating to the Police Department; approving attachment
"A", a step pay plan, and attachment "B", an open range pay plan, to the Memorandum
of Understanding between the Town of Marana and the Marana Police Officers'
Association retroactive to June 15, 2010
Discussion:
On June 15, 2010, the Mayor and Council adopted Resolution No. 2010-60 approving and
authorizing the Mayor to execute a Memorandum of Understanding (MOU) between the MPOA
and the Town relating to wages, hours and working conditions. The effective term of the MOU
is July 1, 2010 through June 30, 2012.
Staff subsequently discovered that the attachments to the MOU were inadvertently not included
with the MOU and agenda materials on June 15. These attachments are referred to in Section 6-1
of the MOU approved by Council. Specifically, Attachment "A" is the eight step pay plan for
sworn personnel and dispatchers and Attachment "B" is the open range pay plan for non-sworn
personnel, excluding dispatchers, covered by the MOU. This agenda item corrects this oversight
by asking Council to approve the attachments, retroactive to the approval of the MOU on June
15, 2010. The pay plans included in the attachments are the same pay plans approved by Council
as part of the previous MOU with the MPOA, with no changes.
Financial Impact:
None.
ATTACHMENTS:
Name: Description: Type:
^ Reso re._retroactiye adoption_of_At#achme...nts to_MOU_
(00022609).DOC Resolution Resolution
D 201.0-2012_Attachment A.xls Salary Schedule - Attachment A Exhibit
~ 201.0-2012_Attachment_B.xls Salary Schedule - Attachment B Exhibit
Staff Recommendation:
Staff recommends the adoption of the attached resolution which incorporates attachments A and
Regular Council Meeting -September 7, 2010 -Page 6 of 71
B to the MOU as originally intended.
Suggested Motion:
I move to adopt Resolution No. 2010-81, approving attachment "A", a step pay plan,
and attachment "B", an open range pay plan, to the Memorandum of Understanding between the
Town of Marana and the Marana Police Officers' Association retroactive to June 15, 2010.
Regular Council Meeting -September 7, 2010 -Page 7 of 71
MARANA RESOLUTION N0.2010-81
RELATING TO THE POLICE DEPARTMENT; APPROVING ATTACHMENT "A", A STEP
PAY PLAN, AND ATTACHMENT "B", AN OPEN RANGE PAY PLAN, TO THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF MARANA AND
THE MARANA POLICE OFFICERS' ASSOCIATION RETROACTIVE TO JUNE 15, 2010
WHEREAS on June 15, 2010, the Town Council adopted Resolution No. 2010-60,
approving and authorizing the Mayor to execute a Memorandum of Understanding (MOU)
between the Town of Marana and the Marana Police Officers' Association (MPOA) relating to
wages, hours and working conditions; and
WHEREAS Section 6-1(B)(6) of the approved MOU references Attachment "A" which
incorporates the step pay plan for sworn personnel and dispatchers covered by the MOU; and
WHEREAS Section 6-1(C)(2) of the approved MOU references Attachment "B" which
incorporates the open range pay plan for non-sworn personnel, excluding dispatchers, covered by
the MOU; and
WHEREAS Attachments "A" and "B" were inadvertently not attached to the MOU
approved by the Town Council on June 15, 2010; and
WHEREAS the Town Council intended to approve Attachments "A" and "B" as part of
the approval of the MOU on June 15, 2010.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. The Town Council hereby approves Attachments "A" and "B" to the
Memorandum of Understanding between the Town of Marana and the Marana Police Officers'
Association approved on June 15, 2010 via Resolution No. 2010-60. Attachments "A" and "B"
are attached to and incorporated by this reference in this resolution as Exhibit A and Exhibit B
respectively.
SECTION 2. The Town Council hereby directs that the approval of Attachments "A"
and "B" to the Memorandum of Understanding between the Town of Marana and the Marana
Police Officers' Association is retroactive to June 15, 2010, the date of approval of the MOU.
Reguly~~~t~~i~~a~' gLO~~~ember 7, 2010 -Page 8 of 71 _ ~ _ {00022609.DOC f}
SECTION 3. The Town's Manager and staff are hereby directed and authorized to
undertake all other and further tasks required or beneficial to implement the terms and conditions
of this resolution.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 7th day of September, 2010.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Reg~r~u~~lo~~~~ra~iOSg~tember 7, 2010 -Page 9 of 71 _ 2 _
,00022609.DOC /}
Attachment A
Memorandum of Understanding
SWORN EMPLOYEES
STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8
0-1yr 1.01-2yrs 2.01-3yrs 3.01-4yrs 4.01-5yrs 5.01-6yrs 6.01-7yrs 7.01+yrs
Police Officer
Monthly $ 3,464.93 $ 3,638.18 $ 3,820.09 $ 4,011.09 $ 4,211.65 $ 4,422.23 $ 4,643.34 $ 4,875.51
Annually $ 41,579.20 $ 43,658.16 $ 45,841.07 $ 48,133.12 $ 50,539.78 $ 53,066.77 $ 55,720.10 $ 58,506.11
Bi-Weekly $ 1,599.20 $ 1,679.16 $ 1,763.12 $ 1,851.27 $ 1,943.84 $ 2,041.03 $ 2,143.08 $ 2,250.24
Hourly $ 19.99 $ 20.99 $ 22.04 $ 23.14 $ 24.30 $ 25.51 $ 26.79 $ 28.13
STEP 1 STEP 2 STEP 3 STEP 4
0-1yr 1.01-2yrs 2.01-3yrs 3.01+yrs
Sergeant
Monthly $ 5,120.27 $ 5,376.28 $ 5,645.09 $ 5,927.35
Annually $ 61,443.20 $ 64,515.36 $ 67,741.13 $ 71,128.18
Bi-weekly $ 2,363.20 $ 2,481.36 $ 2,605.43 $ 2,735.70
Hourly $ 29.54 $ 31.02 $ 32.57 $ _34.20
STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8
0-1yr 1.01-2yrs 2.01-3yrs 3.01-4yrs 4.01-5yrs 5.01-6yrs 6.01-7yrs 7.01+yrs
Detective ( Special Assignment)
Monthly $ 3,811.60 $ 4,002.18 $ 4,202.29 $ 4,412.40 $ 4,633.02 $ 4,864.68 $ 5,104.16 $ 5,363.30
Annually $ 45,739.20 $ 48,026.16 $ 50,427.47 $ 52,948.84 $ 55,596.28 $ 58,376.10 $ 61,249.90 $64,359.65
Bi-Weekly $ 1,759.20 $ 1,847.16 $ 1,939.52 $ 2,036.49 $ 2,138.32 $ 2,245.23 $ 2,355.77 $ 2,475.37
Hourly $ 21.99 $ 23.09 $ 24.24 $ 25.46 $ 26.73 $ 28.07 $ 29.47 $ 30.94
NON-SWORN EMPLOYEES
STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8
0-1yr 1.01-2yrs 2.01-3yrs 3.01-4yrs 4.01-5yrs 5.01-6yrs 6.01-7yrs 7.01+yrs
Dispatcher
Monthly $ 2,625.62 $ 2,827.59 $ 3,029.56 $ 3,231.53 $ 3,433.50 $ 3,635.48 $ 3,837.45 $ 4,039.42
Annually $ 31,507.48 $ 33,931.10 $ 36,354.75 $ 38,778.40 $ 41,202.05 $ 43,625.70 $ 46,049.35 $ 48,473.00
Bi-Weekly $ 1,211.83 $ 1,305.04 $ 1,398.26 $ 1,491.48 $ 1,584.69 $ 1,677.91 $ 1,771.13 $ 1,864.35
Hourly $ 15.15 $ 16.31 $ 17.48 $ 18.64 $ 19.81 $ 20.97 $ 22.14 $ 23.30
Note: Dispatch salaries set from top step at 5% increments from the top step (95%, 90%, 85%, 80% etc.)
Regular Council Meeting -September 7, 2010 -Page 10 of 71 MOU July 1, 2010 -June 30, 2012
Attachment B
Memorandum of Understanding
JOB TITLE
Police Records Clerk
Crime Scene Specialist
Crime Prevention Specialist
Crime Analyst
MIN.
$26,523
$32,315
$37,476
$37,476
ANNUAL
MID. MAX.
$33,153 $39,784
$40,394 $48,473
$46,845 $56,213
$46,845 $56,213
Regular Council Meeting -September 7, 2010 -Page 11 of 71 MOU JUIy 1, 2010 -June 30, 2012
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11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
COUNCIL CHAMBERS, September 7, 2010, 7:00:00 PM
To: Mayor and Council Item C 2
From: Dorothy O'Brien ,Utilities Director
Strategic Plan Focus Area:
Community Building
Strategic Plan Focus Area -Additional Information:
Community Building: Initiative -Secure all necessary water resources and infrastructure
Subject: Resolution No. 2010-82: Relating to Utilities; authorizing the town manager and
staff to take all necessary actions to cause the Town of Marana to participate in the
incorporation of and to join the Water Conservation of Southern Arizona (Water.
CASA)
Discussion:
The Town of Marana has been a member of the Water Conservation of Southern Arizona (Water
CASA) since it was formed in 1998. The primary purpose of the Water CASA is to provide
water conservation and planning services to participating water providers and other parties of
interest in southern Arizona. Water CASA was developed to provide an effective method of
delivering conservation information through collaboration of information, sharing experience and
skills and benefit from the economies of scale in conservation efforts and to serve as a focal point
for cooperation in developing and managing conservation-oriented research grants and pilot
projects.
Until now, Water CASA was organized under the auspices of the University of Arizona. The
Town of Marana has been a member of Water CASA pursuant to various intergovernmental
agreements with the University of Arizona. Water CASA is now being incorporated as an
independent nonprofit corporation with equal representation from each member. Approval of
this resolution will authorize the Town's continued membership in Water CASA, which helps the
town meet State of Arizona water conservation requirements.
Water CASA will focus on exterior water conservation measures, impacts of development and
trends in new construction on water demand and conservation potential; effects of conservation
measures on wastewater systems and public health issues. Once formed, Water CASH will there
will be a part-time Manager that previously managed Water CASA through the University of
Arizona. Funding for Water CASA is provided by annual contributions from member
organizations.
Financial Impact:
Regular Council Meeting -September 7, 2010 -Page 12 of 71
The anticipated fee is $5,000 per year. This is approximately $2,000 less than previous years.
ATTACHMENTS:
Name: Description:
Type:
C7 Reso re_Water_Casa formaton_
(00022721).DOC Reso Authorizing Water CASA formation participation Resolution
~ WaterCASA-articles.doc
~ WaterCASA-bylaws.doc
Water CASA Articles of Incorporation
Water CASA by-laws
Backup Material
Backup Material
Staff Recommendation:
Staff recommends the adoption of Resolution No. 2010-82, authorizing the town manager and
staff to take all necessary actions to cause the Town of Marana to participate in the incorporation
of and to join the Water Conservation of Southern Arizona (Water CASA).
Commission Recommendation - if applicable:
The commission has taken a summer recess and will be meeting in September. Commission
members have fully supported the Department's membership within Water CASA in the past.
This will be an item for discussion at their next meeting.
Suggested Motion:
I move to adopt Resolution No. 2010-82, authorizing the Town to participate in the incorporation
of and to join Water CASA.
Regular Council Meeting -September 7, 2010 -Page 13 of 71
MARANA RESOLUTION N0.2010-82
RELATING TO UTILITIES; AUTHORIZING THE UTILITIES DIRECTOR TO TAKE ALL
NECESSARY ACTIONS TO CAUSE THE TOWN OF MARANA TO PARTICIPATE IN THE
INCORPORATION OF AND TO JOIN THE WATER CONSERVATION OF .SOUTHERN
ARIZONA (WATER CASA)
WHEREAS the Town of Marana has been a member of the Water Conservation of
Southern Arizona (Water CASA) since it was formed in 1998 under the auspices of the
University of Arizona; and
WHEREAS the primary purpose of the Water CASA is to provide water conservation
and planning services to participating water providers and other parties of interest in southern
Arizona; and
WHEREAS the Town of Marana has, until now, been a member of Water CASA
pursuant to various intergovernmental agreements with the University of Arizona; and
WHEREAS Water CASA is now being incorporated as an independent nonprofit
corporation with equal representation from each member; and
WHEREAS the Town's continued membership in Water CASA helps the Town meet
State of Arizona water conservation requirements; and
WHEREAS the Town Council finds that the Town's participation in Water CASA is in
the best interests of the Town and its residents.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, that the Town's Utilities Director is hereby authorized to
take all necessary actions to cause the Town of Marana to participate in the incorporation of and
to join the Water Conservation of Southern Arizona (Water CASA).
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this Th day of September, 2010.
Mayor Ed Honea
ATTEST:
APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney
Regular Council Meeting -September 7, 2010 -Page 14 of 71
{00022721.DOC /}
ARTICLES OF INCORPORATION
OF
WATER CONSERVATION ALLIANCE OF SOUTHERN ARIZONA
I.
The name of the Corporation is Water Conservation Alliance of Southern Arizona (Water
CASA).
II.
The Corporation is organized and shall be operated as a nonprofit corporation under the
laws of the State of Arizona exclusively for the promotion of a common business interest, as
provided by section 501(c)(6) of the Internal Revenue Code of 1986, or the corresponding provision
of any future United States Internal Revenue law (the "Code"). The Corporation may conduct any
or all lawful affairs for which an Arizona nonprofit corporation may be incorporated except for
activities not permitted to be carried on by a corporation described in section 501(c)(6) of the Code.
III.
The Corporation initially intends the following:
(1) To discuss, analyze and recommend ways promote conservation and
efficiency of the use of Southern Arizona's water resources;
(2) To exercise leadership and initiative to determine and encourage the most
effective water conservation and efficiency measures;
(3) To discuss and analyze federal, state, regional and local water conservation
policy; and
(4) To consult, coordinate and cooperate in the development of effective
individual and collective water conservation efforts in Southern Arizona.
IV.
No part of the net earnings of the Corporation shall inure to the benefit of any private
shareholder or individual.
V.
Upon the dissolution or winding-up of the Corporation, its assets remaining after payment
of, or provision for payment of, all debts and liabilities of the Corporation, shall be distributed for
one or more exempt purposes within the meaning of Section 501(c)(3) or Section 501(c)(6) of the
Code, or for a public purpose to the federal government. Any such assets not so disposed of shall
be disposed of by a court of competent jurisdiction of the county in which the principal office of the
Regular Council Meeting -September 7, 2010 -Page 15 of 71
Corporation is then located, exclusively for such purposes or to such organization or organizations,
as said court shall determine which are organized and operated exclusively for such purposes.
VI.
The name and address of the Corporation's initial statutory agent is Metropolitan Domestic
Water Improvement District, 6265 N. La Canada Drive, Tucson, Arizona 85704
VII.
The Corporation shall have no authority to issue capital stock.. The conditions of
membership of the Corporation shall be stated in the Corporation's by-laws.
VIII.
The name and address of the incorporators are as follows:
Warren Tenney Philip C. Saletta, P.E.
Metro Water District Town of Oro Valley Water Utility
P.O. Box 36870 11000 N. La Canada Dr.
Tucson, Arizona 85740 Oro Valley, Arizona 85737
IX.
The Corporation's initial members shall be Community Water Company of Green Valley,
Flowing Wells Irrigation District, Town of Marana, Metropolitan Domestic Water Improvement
District, and Town of Oro Valley.
X.
The initial Board of Directors shall be comprised of five (5) directors, identified below, who
will serve as directors until the first annual meeting of the directors or until their successors are
elected and qualified:
David Crockett
Flowing Wells Irrigation District
3901 N. Fairview
Tucson, Arizona 85705
Dorothy O'Brien
Town of Marana Municipal Water System
61.00 W. Ina Road
Marana, Arizona 85743
Regular Council Meeting -September 7, 2010 -Page 16 of 71
Arturo Gabaldon
Community Water Company of Green Valley
1501 S. La Canada Dr.
Green Valley, Arizona 85622
Philip Saletta
Town of Oro Valley Water Utility
11000 N. La Canada Drive
Oro Valley, Arizona 85737
Warren Tenney
Metropolitan Domestic Water Improvement District
P.O. Box 38670
Tucson, Arizona 85740
To the full extent now or in the future permitted by law, any and all personal liability of a
director to the Corporation for damages, money or otherwise, for breach of any duty as a director,
including without limitation, fiduciary duty, is eliminated. The private property of the
Corporation's directors and officers and their respective agencies or employers shall be exempt
from all corporate debts.
XI.
The Board of Directors shall have the power to adopt, amend or repeal the by-laws of the
Corporation by a simple majority vote.
XII.
Elections of Directors need not be by written ballot, unless the by-laws of the Corporation
shall so provide.
XIII.
After the election of the initial Board of Directors by the incorporators and the admission of
the initial members of the Corporation, Directors shall be elected by the members from time to
time, in accordance with the Arizona Revised Statutes, this Article XIII, and the by-laws of the
Corporation. At each such election, each member shall be entitled to elect one person nominated
by it to the Board of Directors as though such member were voting all of the shares of a class of
stock in a stock corporation and such class had the right to elect its own Director. The provisions of
the Arizona Revised Statutes governing the election by a class of stock of a Director, and matters
related thereto, shall similarly apply, on an analogous basis, to this Corporation, but the members of
the Corporation shall not otherwise be treated as belonging to different classes. Each such Director
shall hold office for one year or until his successor is elected and qualified or until his earlier death,
Regular Council Meeting -September 7, 2010 -Page 17 of 71
resignation or removal. The Board of Directors may, as provided in the by-laws of the Corporation,
remove any Director elected by a member which is no longer a member. Each Director shall have
one vote.
WE, THE UNDERSIGNED, being the incorporators herein before named, for the purpose of
forming a corporation pursuant to the Arizona Revised Statutes do make these Articles of
Incorporation hereby declaring and certifying that this is our act and deed and the facts herein stated
are true, and accordingly hereunto set our hands this day of , 20_
Warren Tenney
Incorporator
Philip C. Saletta, P.E.
Incorporator
Regular Council Meeting -September 7, 2010 -Page 18 of 71
BY-LAWS OF
WATER CONSERVATION ALLIANCE OF SOUTHERN ARIZONA
ARTICLE ONE
STATEMENT OF MISSION & PRINCIPLES
The Water Conservation Alliance of Southern Arizona (Water CASA) is a voluntary non-profit
association organized to discuss, analyze and recommend ways to promote conservation and
efficiency of water resources;
(1) To exercise leadership and initiative to determine and encourage the most
effective water conservation and efficiency measures;
policy; and
(2) To discuss and analyze federal, state, regional and local water conservation
(3) To consult, coordinate and cooperate in the development of effective
individual and collective water conservation efforts.
Water CASA is comprised of governmental bodies and municipal water providers and other
entities interested in working cooperatively to achieve the objective of the Water CASA.
Water CASA believes it should exercise leadership and initiative to determine and encourage the
most effective water conservation and efficiency measures
Water CASA intends to provide a proactive forum to:
• Discuss and analyze federal, state, regional and local water conservation policy.
• Consult, coordinate and cooperate in the development of effective individual and
collective water conservation efforts.
• Ensure appropriate policies and programs are in place to conserve and efficiently use
water resources.
Regular Council Meeting -September 7, 2010 -Page 19 of 71
Water CASA
By-Laws
Page 2
Water CASA is not, nor is it intended to be, a substitute for local government. It is, however, an
organization through which its individual members can work on water conservation issues and
coordinate their efforts.
This article shall not authorize the Water CASH to become involved in the direct operation of
water facilities.
ARTICLE TWO
MEMBERSHIP
2.1 Membership
A public governmental body or municipal water provider shall be eligible to be a member of the
Water CASA if it meets all of the following requirements:
a. Is located within Arizona.
b. Pays dues as determined by the Board of Directors.
c. Meets all conditions of membership as determined by the Board of Directors.
The Board of Directors may upon majority vote admit membership to any and all such entities
that meet the above requirements.
Upon dissolution of the Water CASA, all assets and liabilities shall be apportioned to the
members.
2.2 Transfer of Membership
Membership is not transferable or assignable, voluntarily or by operation of law. Any purported
or attempted transfer, assignment or encumbrance shall be void and of no effect.
Regular Council Meeting -September 7, 2010 -Page 20 of 71
Water CASA
By-Laws
Page 3
ARTICLE THREE
BOARD OF DIRECTORS
The Board of Directors shall be comprised of the chief administrator or designee of each
Member entity. Each member will have a director entitled to one vote per member for all
purposes.
The Board of Directors may take action on the following:
a. The formulation of policy decisions and determination of policy matters for the Water
CASA.
b. The approval and adoption of a budget for each fiscal year and an annual dues
schedule.
c. The initiation and overview of an overall conservation effort as reflected in the annual
budget.
d. The initiation and /or request for studies to be undertaken either by interagency
agreement, contract, or otherwise as they may deem appropriate.
e. The hiring of an executive director or acquiring of professional assistance for the
Water CASA.
f. The establishment of assessment for special projects and other items not included in
the budget for such fiscal year.
g. Other items as deemed appropriate.
Action of directors shall be by majority vote of directors if a quorum is present and voting on
matters coming before the Water CASA.
Regular Council Meeting -September 7, 2010 -Page 21 of 71
Water CASA
By-Laws
Page 4
ARTICLE FOUR
MEETING OF DIRECTORS
4.1 Annual Meeting
The Water CASA shall hold an annual membership meeting each year, within or without the
State or Arizona, at a place so designated by the Board of Directors. The annual meeting shall be
held not later than May 31St each year, and on any date within such period the Board of Directors
may direct. The annual meeting will also include a meeting of the Board of Directors, which
will include the election of officers.
4.2 Meetin;s of the Board of Directors
Meetings of the Board of Directors shall be held quarterly, or as called by the President, or by
request of one-third of the Board of Directors.
4.3 Notice of Meeting
Notice of any meeting shall be delivered at least five days previous thereto by written notice
delivered personally, by mail or by and other commercially acceptable means of business
communication including, but not limited to, overnight mail, electronic mail, telex or telecopier
to each director at his or her address. If mailed, such notice shall be deemed to be delivered two
business days after deposit in the United States mail, so addressed, by regular delivery with
postage prepaid.
The business to be transacted at, and the purpose of, and annual, quarterly or special meeting of
the Board of Directors shall be specified in the notice or waiver of notice of such meeting.
4.4 uorum
A majority of the number of directors shall constitute a quorum for the transaction of any
meeting of the Board of Directors, but if less than such number is present at a meeting, the
majority of the directors present may adjourn the meeting until further notice.
Regular Council Meeting -September 7, 2010 -Page 22 of 71
Water CASA
By-Laws
Page 5
4.5 Manner of Actin;
The act of the majority of the directors present at a meeting at which a quorum is present shall be
the act of the Board of Directors, unless the act of a greater number is required by law, the
Articles of Incorporation, or as otherwise provided in these Bylaws.
Action, decisions, and/or policies of the Water CASA are set by a majority vote of the directors
voting on matters coming before the Board at a meeting. Each director is entitled to one vote on
all matters coming before any meeting of the Board of Directors.
ARTICLE FIVE
OFFICERS
Once a year, the directors of the Board shall elect from the Board's membership the following
officers of the Board, President and Secretary/Treasurer and such other officers as may be
deemed necessary.
The President shall be the chief executive of the Water CASA and shall exercise general
supervision over its affairs. The President shall sign, on behalf of the Water CASA, all
documents requiring the signature of the Water CASA and shall do and perform all other acts
and things which the Board may require of the President. The President shall serve without
compensation.
In the absence of the President, the Secretary/Treasurer shall have the powers of the President.
The Secretary/Treasurer shall maintain the minutes of the Water CASA and such books as these
By-Laws or resolutions of the Board of Directors require, shall have the custody and control of
the funds of the Water CASA, subject to the acts of the Board of Directors, and shall report the
state of the finance of the Water CASA, at least every meeting of the members. The
Secretary/Treasurer shall perform such other services as the Board of Directors may require of
the Secretary/Treasurer and shall serve without compensation.
Regular Council Meeting -September 7, 2010 -Page 23 of 71
Water CASA
By-Laws
Page 6
The Board of Directors may require the administrative services of an Executive Director or other
professional assistance who shall perform such services and be eligible to receive such
compensation for services as the Board of Directors may allow. The Executive Director shall not
be a member of the Water CASA's Board of Directors.
ARTICLE SIX
STANDING & SPECIAL COMMITTEES
Standing and Special Committees may be established by the Board of Directors based upon the
recognized need. Any committee shall be composed of no less than three members or associate
members of the Water CASA. The Board of Directors shall authorize and define the powers and
duties of all committees of the Board. The Board of Directors shall designate a chair of any
committee. The Board of Directors, in its discretion, may appoint any individual it deems
qualified to serve on a Standing or Special Committee.
ARTICLE SEVEN
WITHDRAWAL
Any member may, at any time, withdraw from the Water CASA, provided that written
notification thereof is forwarded to the President and the said withdrawal shall be effective upon
receipt by the President. Voluntary withdrawal does not operate to effect a waiver of obligations
previously incurred by such withdrawing member during membership, which includes no refund
of dues paid. The withdrawing member forfeits all interest in the property of the Water CASA,
its membership is terminated, and its right to share in any distribution of property upon
dissolution is lost.
ARTICLE EIGHT
ADMINISTRATION OF AGREEMENTS
Regular Council Meeting -September 7, 2010 -Page 24 of 71
Water CASA
By-Laws
Page 7
The Board of Directors may authorize the Water CASA to enter into agreements with members
and others to provide technical support, administrative services, policy guidance and all ancillary
support services necessary to implement intergovernmental agreements between such members
or others. In the performance of such agreements, the Board of Directors may act for the Water
CASA, may direct the Executive Director to perform duties under the agreement and create
standing or special committees to carry out the Water CASA's responsibilities.
ARTICLE NINE
AMENDMENTS
The By-Laws of the corporation may be amended, repealed, or enlarged by the affirmative vote
of a majority of the Board of Directors at a properly noticed meeting.
ARTICLE TEN
CONFLICTS
If a member intends to take a position or an action on a matter that conflicts with the position or
action the Water CASA has taken or been authorized to take on that matter, the member shall
give the other members and the Executive Director of the Water CASA as much advance notice
of the proposed position or action as is reasonably possible under the circumstances. The mere
existence of a conflict, however, should not discourage a member from participation in Water
CASA activities including attempts to gain Water CASA approval of such member's position or
action.
ARTICLE ELEVEN
CERTIFICATION
I hereby certify that the foregoing Bylaws were adopted by the Board of Directors of the
corporation at a meeting called for that purpose on the _ day of ,
Regular Council Meeting -September 7, 2010 -Page 25 of 71
Water CASA
By-Laws
Page 8
President, Water Conservation Alliance of Southern Arizona
Secretary, Water Conservation Alliance of Southern Arizona
Regular Council Meeting -September 7, 2010 -Page 26 of 71
.-~ ~„~,
A~A~-
~~.~~
~~~..r-.
REGULAR COUNCIL MEETING
MINUTES
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, August 17, 2010, 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 MEE"I,1NG
CALL TO ORDER AND ROLL CAI _ t
Mayor Honea called the meeting to order at 7:02 p.m. Towri Clerk Bronson called roll.
There was a quorum present.
PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE
Led by Mayor Honea.
APPROVAL OF AGENDA
Mayor Honea asked that iterY~s A.i and A. 2 be switched.
Motion to approve ntovecl ht~ Cn~utcil Mer-1herClanagan, second by Council Member
McGorray. Motiofi carried una~i~n~rusly as amended.
CALL TO THE PUBLIC
Dan Rogers spoke regardin~~ the Continental Ranch Little League's use of the new
Crossroads District Park.
Annie Shelberg spoke thanking the Council for their support for the recent memorial
events for Ora Mae Harn.
PROCLAMATIONS
MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS
Mayor Honea spoke regarding Up With People and the upcoming shows they will be
putting on at Mountain View High School.
MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS
Mr. Davidson also reported that he and his wife had taken two students into their home
while they are in Marana for the Up With People shows.
Regular Council Meeting -September 7, 2010 -Page 27 of 71
August 17, 2010 Council Meeting Minutes
PRESENTATIONS
CONSENT AGENDA
Item C 1 contains an emergency clause which requires a roll call vote. Motion to approve
moved by Council Member McGorray, second by Council Member Ziegler. Motion
carried unanimously in favor
C 1: Ordinance No. 2010.14: Relating to Municipal Court; amending town code section
5-2-1 to establish a two year town magistrate term from the date of appointment rather
than on the fiscal year calendar, and declaring an emergency
C 2: Resolution No. 2010-77: Relating to Municipal Court; reappointing Charles
Davies as Marana Town Magistrate for atwo-year term beginning September 1, 2010;
approving and authorizing the Mayor to execute an employment agreement between the
Town of Marana and Charles Davies
Council Members Ziegler and Clanagan thanked the Judge for his service to Marana
and the outstanding way he is running the Court.
C 3: Resolution No. 2010-78: Relating to Development: approving an amended final
plat for Tangerine Crossing Block 3 Lots 1-49 and CUITImon Areas "A", "B", & "C-1"
thru "C-7"
C 4: Resolution No. 2010-79: Relating to Communih~ Deg clopment; authorizing the
Mayor to sign a Partnership Agreement for participation in the Sun Corridor Consortium
Sustainable Communities Planning Grant Program
C 5: Minutes of the August ~. ~0 l0 regular council meeting, July 27 and August 10,
2010 study session, and'Auau~t IU, 2010 executive session
LIQUOR 1,1C'L-:'~1S{;S
B0~1RDS, COMMISSIONS .~~NU C:UMMITTEES
B 1: Resolution No. GFCf~U 2010-03: [Marana Town Council acting as the Board of
Directors of the Gladden Farms Community Facilities District]: Consideration and
possible adoption ~,f a resolution supplementing the resolution authorizing the sale and
issuance of not to exceed $1,750,000 aggregate principal amount of general obligation
bonds of the district adopted on September 3, 2008
This item was presented by Erik Montague.
Motion to approve moved by Board Member Comerford, second by Board Member
Clanagan. Motion carried unanimously.
COUNCIL ACTION
A 1: PUBLIC HEARING: Ordinance No. 2010.11: Relating to Development;
approving a rezoning creating the Marana Regional Landfill Specific Plan
Vice~tMrllayoMr Kai was~teexcused from the dais at 7:15 p.m. due to a conflict of interest on
Regular C uhc~ IGT eTng ='Se~tembeg, zo~0~~'age ~st~i~~ item, stating it was a Public Hearing; however, the
2
August 17, 2010 Council Meeting Minutes
Council intends to take no action tonight. The development agreement relating to this
item was referred back to the Planning Commission for their next meeting which will be
September 29. He expects that the action on the zoning will be back before Council at
either the second meeting of October or the first meeting of November. Kevin Kish
presented this item, recommending continuance to a date uncertain a$er another public
notice has been posted, followed by a brief statement from Michael Racy who publicly
apologized to Mr. Albert Lannon for comments he made about him at a recent meeting.
Mayor Honea noted that he had received 45 speaker cards for this item and asked that
people not be redundant when making their remarks.
Speakers opposing the landfill included: Elaine Ramirez, Stephen Rebro, Janice
Mitich, Pat McElroy, Albert Kern, Jim Alam, Rebecca LoPorto, Sandra Judson,
William Goodsier, Judy McNabb, Steve Storzer, Chuck M~Nabb, Charles Goddard,
Jr., Robert Ruppelius, Pam Ruppelius, Debbie Rogers, Melissa Rohlik, Tanya
Anway, David Anway, Albert Lannon, Tom Hill, Mimi Battin, Steve Kelly, Richard
Bilodeau, Dan Rogers, Terri Faust, Jeff Hustin, Kris James, Nita Storzer, and Dawn
Reed. Speakers in favor of the landfill included: Anna Felix, Josh Moralas, Tisha
Felix, Dean Spencer and Linda Zupi. Speaker cards presented in opposition to the
landfill but who did not to address Council included: Scott Lewis, Annie Shellberg,
Naomi Colburn, Ted Colburn, Barbara Patton, Ernest Calabro, Jr., Jens T. Hill,
Mitzi Morton, Steve Maxam, Elizabeth Maxam, Faron Margeson, Jeff Schultz,
Nicki James, Rick Faust, Betty Turner, Charles Goddard, Sr., Linda Storzer,
Dennis Foster, Gladys Pop, BarbaraH+erron, Alice King, Linda Alam, Kristin
Flood, Eric Ramirez, Cathy Fahrmeyer and Richard Fahrmeyer. Speaker cards
presented in favor of the landfill but who did not to address Council included: Robin
Ford, Julie Phillips, Jaime Juarez, Roy Olvera, Alex and Glenda Morales, Liz
Coleman, Tessa Genzlingcr, Gary Mestel, Tony Pedroza, Danny Viguara, Roman
Miranda, Michael Reith, tihirlcv Reith, Rebecca Vorholzer and Matthew Vorholzer.
Mayor Honea again noted that this item is intended to come back to Council either at the
end of October or the first meeting in November. He thanked everyone for being
courteous.
A 2: Resolution No. 2010-~Q: Relating to Development; approving and authorizing the
Mayor to execute the First .1n.iendment to Marano Spectrum Development Agreement
Frank Cassidy presented this item, noting that this item came before Council previously
at a regular meeting and then at a study session
Motion to approve moved by Council Member Ziegler, second by Council Member
Clanagan. Motion carried unanimously.
ITEMS FOR DISCUSSION/POSSIBLE ACTION
D 1: Legislative/Intergovernmental Report: Discussion/Direction/Action regarding all
pending state and federal legislation and report on recent meetings of other legislative
bodies
Regular Council Meeting -September 7, 2010 -Page 29 of 71
August 17, 2010 Council Meeting Minutes
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 (1) the lawsuit entitled
Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa
County Superior Court No. CV2008-001.1.31, (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)(3j and (4) for legal advice
from the Town's attorneys concerning legal issues related to the proposed landfill
rezoning and landfill development agreement and to consider the Town's position and
instruct its representatives regarding the proposed,xei•ms of the landfill development
agreement
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 833 p.m.
CERTIFICATION -
I hereby certify that the foregoing are the true and correct minutes of the Marana Town
Council meeting Feld un August 17, 2010. I filrther certify that a quorum was present.
Jocelyn: C. Eronson, Town Clerk
Regular Council Meeting -September 7, 2010 -Page 30 of 71
4
August 17, 2010 Council Meeting Minutes
~`
~~~
~i
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
COUNCIL CHAMBERS, September 7, 2010, 7:00:00 PM
To: Mayor and Council Item L 1
From: Jocelyn C. Bronson ,Town Clerk
Strategic Plan Focus Area:
Not Applicable
Subject: Relating to Liquor Licenses; recommendation to the state liquor board regarding the
special event liquor license application submitted by the American Diabetes
Association on behalf of Hanley-Davidson, 7355 N. I-10 Eastbound Frontage Road for
the HOGtoberfest special event fundraiser
Discussion:
This application is for a special event liquor license submitted by the American Diabetes
Association on behalf of Hanley-Davidson, 7355 N. I-10 Eastbound Frontage Road for
the HOGtoberfest special event fundraiser to be held on October 10, 2010. The applicant for this
special event liquor license has submitted a special event permit application as well.
A special event liquor license is a temporary, non-transferable, on-sale retail privileges liquor
license that allows a charitable, civic, fraternal, political or religious organization to sell and
serve spirituous liquor for consumption only on the premises where the spirituous liquor is sold
and only for the period authorized on the license. Qualifying organizations will be granted a
special event license for no more than 10 days in a calendar year. Events must be held on
consecutive days and at the same location or additional licenses will be required. The license is
automatically terminated upon closing of the last day of the event or the expiration of the license,
whichever occurs first. The qualified organization must receive at least 25 percent of the gross
revenues of the special events.
Pursuant to state law, a person desiring a special event liquor license must request a special event
application from the Department of Liquor Licenses and Control (DLLC). The applicant then
must file the application with the town for events occurring within the town's limits. The town
may then recommend approval or disapproval of the special event liquor license.
If the special event liquor license application is approved by the Town Council, and the event
meet the requirements for granting the license, the director of the DLLC will issue the special
event liquor license to the qualifying organization. If the application is disapproved by the Town
Council, the DLLC will normally not consider the application.
Attached is the application for the special event to held on October 10th.
Regular Council Meeting -September 7, 2010 -Page 31 of 71
ATTACHMENTS:
Name: Description: Type:
[] SE Liquor_ADA_HOGtoberfest.pd. fSpecial Event Liquor License Application Backup Material
Staff Recommendation:
Staff recommends approval of this special event liquor license application.
Suggested Motion:
OPTION 1: I move to approve the special event liquor license application submitted by
the American Diabetes Association on behalf of Harley-Davidson for the HOGtoberfest special
event fundraiser.
OPTION 2: I move to disapprove the special event liquor license application submitted by
the American Diabetes Association on behalf of Harley-Davidson for the HOGtoberfest special
event fundraiser
Regular Council Meeting -September 7, 2010 -Page 32 of 71
State of Arizona Department of Liquor Ucenses and Control
8001N. Washington, 5th :floor
`Phoenix, AZ $SOQ7 ''
vwvw:azliquor.gov `
-:...(602)542-514"1
APPLICATION FOR'SPECIAL EVENT LICENSE
Fee = $25 QO per day for;1 10 tlay events only
A service fee of $25:OO~wili be charged for ail,dishoriored checks (A R.S.§ 44-6852)
'ti
NOTE: THIS DOCUMENT MUST $E FULLY COMPLETED OR iT 1NiLL BE RETURNED.
PLEASE ALLO]N 10 BUSINESS.DAYS~FOR APPROVAL
..,
**Application must be approved by local government before submission to DLLC USE ONLY
Department of Liquor Licenses and Control. (Section #20) LzcENSE #
1. Name of Or anization: ~ ' ~` { } ' ~ ~ '
g ~lrnpr„ e n ~` ~.~:a b •~~ S, - ~5'SOC~'t~"'~ do
,, -
r
2. Non-Profit/I.R.S. Tax Exemp#=Number ~. ~ ?~ - ~ {p.~~?, ~C'
3. The organization is a: (check one box onlj)
Charitable ^ Fraternal (must. have regular membership and in existence for over 5 years}
^ Civic ^ Poli#ical Party, Ballot Measure, or Campaign Committee
^ Religious
4. What is the purpose of this event? ~~r~rl c~:t l^
5. Location of the event: ~~3.55 fl f w f a ~£n.~~..nd Fr~or~"nsa~ ~t~.C.Sony P~rna~ 6~
Address of physical location (Not P.O. Bax) City U County Zip
Applicant must be a member of the aualifvina omanization and authorized by an Officer,. Director or Chairperson of
the Oraanization named in Question #1. (Signature required in section #18)
6. Appiicarrt: _ ~ hme ~ . Feder;c.~ CFred~~ C
Last First Middle Date of Birth
7. Applicant's Mailing Address: ~~ ~ , ~+, ,,,e~e,L s~-l~,1 a 3 '['~ scan ~~~.. ~S ~-
street eiry state zip
8. Phone Numbers: (Sate ~~ l ~ 3,3$il '? '~ { )
Site Owner # Applicants Business # Applicants Home #
9. Date(S) & Hours Of EVent: (Remember: you cannot sell alcohol before 10:00 a.m. on Sunday)
Date Day of Week
Day 1: b IO
Day 2:
Hours from A.M./P.M. To A.M./P.M.
tO:CX~ ~M . ID:t~~(j
Day 3:
Day 4:
Day 5:
Day 6:
Day 7:
Day 8:
Day 9:
Regul~ijin~l(aleeting -September 7, 2010 -Page 33 of 71
Lic010605/2009 *Disabled individnars requiring special accommodations, please cal).(602) 542-9027
10. Has the applicant been convicted of a felony in the past five years, or had a [iquor license revoked?
^ YES ~'~10 (attach exolanation if ves)
11. This organization has been issued a special event license for ~ days this year, including this event
(no# to exceed 10 days per year).
12. Is the organization using the services of a promoter or other person to manage the event? ^ YES ~ NO
If yes, attach a copy of the agreement.
13. List all people and organizations who will receive the proceeds. Accoun# for 100% of the proceeds.
THE ORGANIZATION APPLYING MUST RECEIVE 25% OF THE GROSS REVENUES OF THE SPECIAL
EVENT LIQUOR SALES.
Name t-tit'nQ„('i Can ~~itz`c;Q~S (~1SSC~+, 4~'i'clrl lB0`~n
Percentage
Address ?'-~ l~ • ~'~' ~~ 1 ~. ,mow ~ 1 ~ '~ 1 uL..SU(~ . ~~. ~5~-~~J
Name
Peroentage
Addre
(Attach additional sheet 'rf necessary)
14. Knowledge of Arizona State Liquor Laws Title 4 is important to preven# liquor law violations. If you have
any questions regarding the law or this appligtion, please contact the Arizona State Department of Liquor
Licenses and Control for assistance.
NOTE: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY.
"NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT PREMISES."
15. What security and control measures will you take to prevent violations of state liquor laws at this event?
(List type and number of security/police personnel and type of fencing or control baCriers,if applicable)
# Police ~encing
1~# Security personnel ^ Barriers
16. is there an existing liquor license at the location where the special event is being held? ^ YES ~NO
If yes, does the existing business agree to suspend their liquor license during the time
period, and in the area in whidl the special event license will be in use? ^ YES ^ NO
(ATTACH COPY OF AGREEMENT)
( )
Name of Business Phone Number
17. Your licensed premises is that area in which you are authorized to sell, dispense, or serve spirituous liquors
under the provisions of your license. The following page is to be used to prepare a diagram of your special
event licensed premises. Please show dimensions, serving areas, fencing, barricades or other control
measures and security positions.
Regular Council Meeting -September 7, 2010 -Page 34 of 71
THIS SECTION TO BE COMPLETED ONLY BY AN OFFICER DIRECTOR OR CHAIRPERSON OF THE
ORGANIZATION NAMED IN QUESTION #1
18. I~ ~J~~/'t~ ~~~~r~P l~ /~/.~" declare that I am an Officer/Director/Chaff rson appanting the
(Pri~full name)
applicant listed in Question 6, to apply on behalf of the f/ore/going organization for a Speaa! Event Liquor License.
~ (Signature (rifle/Position) {Date) ~.Q (Phone#)
CHRISTINE FE ;~~X,~~ ! County of j ~ rrn`
.NOTARY PUBLIC - AA]ZC7~lVR The for oin i strume t s acknowled ed before me this
PIMAC,OUNTY ~ 9 ~ ~ ~ g
My Gasrttinissian ~ . ~ 20 `j}
danur~ty 6, 313 Month - Ye/ar '
My Commission expires on: y ~'Q 13 ~ _ ~ ~}~ ~l~'.~.~"
THIS SECTION TO BE COMPLETED ONLY BY THE APPLICANT NAMED IN UESTION #6
19. ! ~~~~ +~~~ o U.~.~~L -declare that I am the APPLICANT filing dais applica#ion as
(Print full name)
listed in Queen 6nl have read the application and the contents and all statements are true, correct and complete.
/ KAYLA RINGELBERG
Notary Pu6NaState of Arizot
Pima County
My Commission Expires
My commis " ~ ~ July 08, 2014
State of ~ County of
The forego) g instrument was ackn edged befo~~rennme this
~~~ O~~O
oav 1 / ~, An . Year
Ir
You must obtain local aoverrtment anaroval. Ci or Coun MUST recommend event and com lete item #20.
The focal aovernina body may require additional applications to be completed and submitted 60 days__
in advance of the event. Additional licensing fees may also be required before approval may be granted.
LOCAL GOVERNING BODY APPROVAL SECTION
20. I,
(Government Official)
on behalf of
{City, Town or County)
hereby recommend this special event application
{T~le)
(Signature of OFFICIAL)
(Date)
FOR DLLC DEPARTMENT USE ONLY
Department Comment Section:
(Employee) (Date)
APPROVED DISA P O ED 13Y:
Regular Council Meeting -September 7, 2010 -Page 35 of 71
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11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
COUNCIL CHAMBERS, September 7, 2010, .7:00:00 PM
To: Mayor and Council Item A 1
From: Josh Wright ,Assistant to the Town Manager
Strategic Plan Focus Area:
Commerce
Strategic Plan Focus Area -Additional Information:
Completion and implementation of the Marana Economic Roadmap is contained in the
"Commerce" focus area of the Marana Strategic Plan. The proposed amendments to the Marana
Job Creation Incentive Program (MJCIP) contained in this resolution support the goals and
objectives of the Marana Economic Roadmap.
Subject: Resolution No. 2010-83: Relating to Economic Development; amending the Marana
Job Creation Incentive Program
Discussion:
At its May 4, 2010, regular meeting, the Mayor and Town Council created the Marana Job
Creation Incentive Program (MJCIP), which uses construction sales taxes collected from a
targeted employer's project to both benefit the employer and meet community economic
development goals. The program was instituted on a trial basis as a result of the Marana
Economic Roadmap and Marana's renewed focus on the attraction, retention and expansion of
high-wage jobs.
Since the MJCIP's creation, staff have fielded several inquiries from employers and economic
development professionals regarding whether construction-related jobs hired as part of a targeted
employer's project count toward the minimum total of 25 new jobs paying $40,000 per year
required to qualify for the MJCIP. Current language in the MJCIP is somewhat unclear in this
area, although it was always the Town's intention not to count construction-related jobs, which
are temporary, toward the minimum total. The proposed resolution will add language to the
MJCIP to further clarify this issue.
Additionally, since the MJC1P's creation, staff have been seeking additional ways to benefit
targeted employers who may locate off the I-10 corridor and thus be ineligible for the "I-10
beautification" portion of the program. After interviews with Marana's existing major employers,
it has been determined that workforce development continues to be the leading concern among
area manufacturers, especially since the suspension of the Arizona Job Training Program by the
state legislature. The proposed resolution would add provisions similar to those contained within
the Arizona Job Training Program as an acceptable use of construction sales tax reimbursements
under the MJCIP. It is anticipated that this modification of the program will continue to make
Regular Council Meeting -September 7, 2010 -Page 37 of 71
Marana a leader in economic development and job creation and provide additional benefits to
both private industry and the community at large.
Under the proposed resolution, all other provisions of the MJCIP would remain the same as
originally adopted.
Financial Impact:
As in the MJCIP as originally adopted, the fiscal impact of the amended program is determined
by the level of capital investment made by a qualifying company. The program will continue to
use one-time, construction sales tax revenues for reimbursements to companies. The
reimbursements cannot exceed the amount of construction sales tax revenue generated by a
qualifying company's individual project.
ATTACHMENTS:
Name: Description: Type:
~ resolution amendments to MJCIP.DOC Resolution Resolution
___ _ _
Staff Recommendation:
Staff recommends approval of the resolution.
Suggested Motion:
I move to adopt Resolution No. 2010-83, amending the Marana Job Creation Incentive Program.
Regular Council Meeting -September 7, 2010 -Page 38 of 71
MARANA RESOLUTION N0.2010-83
RELATING TO ECONOMIC DEVELOPMENT; AMENDING THE MARANA JOB
CREATION INCENTIVE PROGRAM
WHEREAS the Mayor and Council adopted Resolution 2010-44 on May 4, 2010,
creating the Marana Job Creation Incentive Program; and
WHEREAS inquiries about the program have led the Town to conclude that it would be
beneficial to clarify the types of jobs eligible for the program; and
WHEREAS A.R.S. § 9-500.11 authorizes the Town to make expenditures in support of
economic development; and
WHEREAS the Mayor and Council adopted the Marana Economic Roadmap on March 2,
2010, to establish Marana's vision and action strategies to attract job growth and private
investment in the town limits; and
WHEREAS the Roadmap contains initiative 3.2 (increase focus and investment in
workforce development) and action strategy 3.2.2 (develop a Town of Marana dedicated funding
source for job training), both of which are directly advanced by this resolution; and
WHEREAS the Mayor and Council find that support of workforce development and job
training programs through a fund originating from Marana construction sales tax revenues
derived from job-creating businesses and industries is in the best interests of the town and its
citizens; and
WHEREAS the Mayor and Council find that the use of the fund as authorized by this
resolution is of the highest priority during the current economic climate; and
WHEREAS the Mayor and Council find that the amendments to the Marana Job Creation
Incentive Program authorized by this resolution will make Marana more competitive in the
attraction, retention and expansion ofjob-creating businesses and industries.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. Economic incentive "E" is hereby added to Section 2 of Resolution 2010-44,
as follows:
Regulq~~~oS~Br~g~er 7, 2010 -Page 39 of 71 _ 1 _
E. Job Training Costs. Actual costs of training programs for new or existing
employees of a Targeted Employer, including but not limited to the cost of course design
and development, instruction costs for job-specific training, training materials and
supplies, and training facility rental.
SECTION 2. Section 3, Part B of Resolution 2010-44 is hereby deleted and replaced, as
follows:
B. Since the effective date of this resolution has created at least 25 new,
permanent, non-construction jobs in Marana with wages that equal or exceed $40,000.
SECTION 3. All other provisions of the Marana Job Creation Incentive Program shall
remain the same as adopted in Resolution 2010-44.
SECTION 4. This resolution is effective on October 8, 2010.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 7`" day of September, 2010.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Regull~~~~k~~~oS~~r~~er 7, 2010 -Page 40 of 71 _ 2 _
~~
~~~
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
COUNCIL CHAMBERS, September 7, 2010, 7:00:00 PM
To: Mayor and Council Item A 2
From: Lisa Shafer ,Interim Planning Director
Strategic Plan Focus Area:
Progress and Innovation
Subject: PUBLIC HEARING: Ordinance No. 2010.15: Relating to Land Development;
amending Marana Land Development Code Title 3 (Definitions) and Title 5 (Zoning)
relating to Significant Land Use Change and Zones A-F; and establishing an effective
date (Lisa Shafer)
Resolution No. 2010-84: Relating to Development; declaring the amendments to
Marana Land Development Code Title 3 (Definitions) and Title 5 (Zoning) relating to
Significant Land Use Change and Zones A-F as a public record filed with the town
clerk
Discussion:
Staff from the planning, legal and engineering departments have been working on a re-write of
the Land Development Code. This is a very time consuming process and will continue into the
next year. During the preliminary work on the re-write staff identified a few areas that required
immediate attention. This amendment addresses one of those areas.
The Town of Marana zoning designations are divided into two categories, the first being the "old
alphabet" designations that were established when the Town was incorporated and the second is
the more "conventional" designations that are now used when a property is annexed or rezoned.
The "old" zoning designations are identified by letters: "A" small lot, "B" medium lot, "C" large
lot,. "D" designated flood plain and "E" transportation corridor. Within the "old" zoning
designation, property owners are allowed to process a significant land use change (SLUG) in
order to obtain permission to operate a business on their property without going through a formal
rezoning process. All of the changes proposed by staff relate to either "old" zoning designations
and/or the significant land use change process.
Below is a summary of the major changes that are being proposed. All of the modifications,
including minor and grammatical changes, are shown in their entirety on the accompanying
document as either deleted or added.
Title 3 Definitions-
Regular Council Meeting -September 7, 2010 -Page 41 of 71
. Deleted the definition for Lot, Large.
. Deleted the definition for Lot, Medium Size.
. Deleted the definition for Lot, Small.
. Added a definition for Enterprise Density.
. Modified the definitions for Enterprise, Nearby Land, Significant Change in Land Use and
Similar Land Use.
Title 5
Zoning Section 05.01-
. Removed all reference to Zone F. Zone F is the designation given to area zoned specific
plan therefore it does not follow the regulations that Zones A-E adhere to. Subsection
05.02.06 was also deleted and Section 05.06 Specific Plans was renamed to Zone F-
Specific Plans.
. Changed Subsection 05.01.01 Zones A-F Established to Zones A-E Established.
. Deleted Subsection 05.01.02 Official Zone Designations Prior to April 6, 1993. This
language does not need to be a part of the LDC. This area can create confusion since this
was the original zoning and not necessarily the zoning that is there today due to rezoning
of property over the years.
Zoning Section 05.02-
. The setbacks for Zones A, B and E have been very difficult to work with due to the size of
the lots. There is also a very confusing calculation that basically translates into "whatever
your neighbor is doing you can do." As part of this proposal, setbacks have been changed
to be in line with the R-10 development standards. The setbacks are proposed to be 20-feet
front and rear and 5-feet on the side yards or 10-feet side along a street.
. There is no current maximum height restriction in the A, B or E zones. The requirements
currently increase the front and rear setback a foot for every foot of height increase above
10 feet. The proposed change would establish a maximum height of 30 feet for any
building or structure.
. Aside setback of 10 feet was added to Zone C. There is currently no side setback stated in
the code.
. The Zone D regulations have been modified to allow the Town's floodplain code to
regulate property in this zone. When this zone was established the Town had not adopted a
floodplain code. Under the current situation, there are properties within this zone that
could be used for commercial or residential purposes as long as they comply with the
technical requirements of the floodplain code that are now restricted from these uses.
Zoning Section 05.03 Significant Land Use Change-
. Currently an approved SLUC must conform within one year of approval or be void. The
proposed change would not automatically void the approved SLUG use but the Town
Council could choose to void the application after one year if the use was not implemented.
. It is proposed that the noticing distance for the SLUG correspond to the size of the lot, not
the zoning on the lot. For example now if a lot is zoned "C" no matter the size the mailing
radius is 1 mile. With the proposed change the mailing radius for parcels that are 2.5 acres
or less would be i/a mile, greater than 2.5 acres but less than 25 acres would be'/z mile and
25 acres or more would be 1 mile.
. The proposed changes would also eliminate the ability for a parcel to establish the same
use as an adjacent property owner without processing their own SLUG.
Regular Council Meeting -September 7, 2010 -Page 42 of 71
The SLUC process currently uses the Standard Industry Classification (SIC) system in
order to establish the major group level of the use. This system is no longer being updated;
therefore staff is proposing to use the North American Industry Classification System
(NAILS). Where on the SIC system the first two digits were used for classification
purposes staff would -now need to use the first three digits in the NAILS system so they
would be the most closely matched. This would mean if a plumber had an approved SLUC
to operate his business and wanted to sell it the new owner would have to fall into the same
three digit classification code to operate the new business without having to apply for a
new SLUC.
The current requirements on what to submit and send out for noticing were done many
years ago when applicants would do their own processing. The changes suggested are due
to the fact that staff processes the request now and technology has changed significantly
and is able to produce much of what is needed more efficiently.
These changes provide clarification on who can protest and the process involved in the
protest and the noticing of the hearing as well as the appeal process to the Town Council.
ATTACHMENTS:
Name: Description: Type:
^ ORD revisng_SLUC Provisons_
(00022098).DOC Ordinance Ordinance
^ Reso_decla..ring_SLUC_changes_a~ublic record_
(00021.922] DOC Resolution Declaring a public record Resolution
^ 2010_SLUC_Reviso.ns_Legslative_Format Exh A to Reso: Revisions to the Land
(00021769-2).DOC Development Code Exhibit
Staff Recommendation:
Staff recommends adoption of Ordinance No. 2010.15 and Resolution No. 2010-84.
Commission Recommendation - if applicable:
This amendment was taken before the Planning Commission on June 30, 2010. They
unanimously voted to recommend approval to the Town Council.
Suggested Motion:
I move to adopt Ordinance No. 2010.15 and Resolution No. 2010-84, approving amendments to
the Marana Land Development Code Title 3 (Definitions) and Title 5 (Zoning) relating to
Significant Land Use Change and Zones A-F, and declaring the amendments a public record.
Regular Council Meeting -September 7, 2010 -Page 43 of 71
MARANA ORDINANCE N0.2010.15
RELATING TO LAND DEVELOPMENT; AMENDING MARANA LAND DEVELOPMENT
CODE TITLE 3 (DEFINITIONS) AND TITLE 5 (ZONING) RELATING TO SIGNIFICANT
LAND USE CHANGE AND ZONES A-F; AND ESTABLISHING AN EFFECTIVE DATE
WHEREAS the Marana Land Development Code includes, from Marana's original
zoning regulations, Zones A-E and definitions and provisions relating to significant land use
changes in Zones A-E; and
WHEREAS the Marana Land Development Code now includes Zone F and a separate
"Specific Plans" zone, both of which address and accommodate specific plans; and
WHEREAS the Mayor and Council of the Town of Marana find that the revisions
adopted by this ordinance, which revise, modernize, simplify, and eliminate inconsistencies in
the Marana Land Development Code definitions and provisions relating to significant land use
changes and Zones A-F, are in the best interests of the Town of Marana and the general public.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, as follows:
SECTION 1. The amendments to Marana Land Development Code Title 3 (Definitions)
and Title 5 (Zoning) relating to Significant Land Use Change and Zones A-F, three copies of
which are on file in the office of the Town Clerk of the Town of Marana, Arizona, which were
made a public record by and attached as Exhibit A to Resolution No. 2010-84 of the Town of
Marana, Arizona, are hereby referred to, adopted and made a part of this ordinance as if fully set
out here.
SECTION 2. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are repealed as of the effective date of this ordinance; provided, however, that this
repeal shall not affect the rights and duties that matured or penalties that were incurred and
proceedings that were begun before the effective date of the repeal.
SECTION 3. 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, the decision shall not affect the validity of the remaining portions of this
ordinance.
SECTION 4. This ordinance is effective on October 8, 2010.
Regulq~~~~~~~i~~Q1~~~tember 7, 2010 -Page 44 of 71 _ 1 _ {00022098.DOC /}
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 7t" day of September, 2010.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Regulq~~~~~~~~i~~Olrj9pstember 7, 2010 -Page 45 of 71 _ 2 _ (00022098.DOC /}
MARANA RESOLUTION N0.2010-84
RELATING TO DEVELOPMENT; DECLARING THE AMENDMENTS TO MARANA
LAND DEVELOPMENT CODE TITLE 3 (DEFINITIONS) AND TITLE 5 (ZONING)
RELATING TO SIGNIFICANT LAND USE CHANGE AND ZONES A-F AS A PUBLIC
RECORD FILED WITH THE TOWN CLERK
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, that the amendments to Marana Land Development Code Title 3
(Definitions) and Title 5 (Zoning) relating to Significant Land Use Change, a copy of which is
attached to and incorporated in this resolution as Exhibit A and three copies of which are on file
in the office of the Town Clerk, are hereby declared to be a public record and ordered to remain
on file with the Town Clerk.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 7`h day of September, 2010.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Regular Council Meeting -September 7, 2010 -Page 46 of 71 {00021922.DOC /;
EXHIBIT A TO MARANA RESOLUTION N0.2010-84
Amendments to Marana Land Development Code Title 3 (Definitions) and Title 5 (Zoning)
relating to Significant Land Use Change (SLUG) and Zones A-F
adopted pursuant to Marana Ordinance No. 2010.15
SECTION 1. Title 3 (Definitions) of the Marana Land Development Code is hereby
amended by deleting the definitions of "Lot, Large," "Lot, Medium Size," and "Lot, Small" from
Section 03.12 (Definitions "L"), and deleting the definition of "Similar Land Use" from
Section 03.19 (Definitions "S").
SECTION 2. Title 3 (Definitions) of the Marana Land Development Code is hereby
amended by adding the definition of "Enterprise Density" to Section 03.05 (Definitions "E"), as
follows:
Enterprise Density: A measure of the intensity of the enterprise on the parcel of
property approved for the Significant Land Use Change; for example:
The square footage of building space for retail, transient lodging,
or office uses.
2. The number of occupants for occupancy-based enterprises, such
as prisons, group homes, day care, and kennels.
3. The square footage of land area used for an industrial use.
SECTION 3. Title 3 (Definitions) of the Marana Land Development Code is hereby
amended by revising the definitions of "Enterprise," "Nearby Land," and "Significant Change in
Land Use" in Section 03.05 (Definitions "E"), Section 03.14 (Definitions "N"), and
Section 03.19 (Definitions "S"), respectively, as follows (with deletions shown with s~rll~
and additions shown with double underlining):
Enterprise: An individual or organization engaged in a single type of business,
industry, or governmental activity as classified and defined by the three-digit
subsector number of the most recently published North American Industry
Classification System (NAICS) as established by the United States Census
Bureau.
Nearby Land: For purposes of Significant Land Use Change notice and protest
requirements applicable in zones A-E, land lying within (a) one-quarter of a mile
of a proposed Significant Land Use Change on a lot containing 2.5 acres or less,
(b) one-half mile of a proposed Significant Land Use Change on a lot containing
more than 2.5 acres but less than 25 acres, or (c) one mile of a proposed
Significant Land Use Change on a lot containing 25 acres or more.
Significant Land Use Chance: Any change in land use in zones A-E that will:
(1) more than double the number of residential units or Enterprise Density of the
land in question within one year; or (2) change the nature of the activity on the
land from residential (including renter occupied housing) to non-residential; or
(3) change the nature of any business, industrial, or quasi-public use of the land
(including agriculture use) to any use that would fall in a different three-digit
subsector number of the most recently published North American Industry
Classification System (NAICS) as established by the United States Census
Bureau; or (4) be reasonably expected to equal or exceed the capacity or
structural integrity of nearby streets or other public facilities.
Regul~6~c~y~ ~l~i~~}- September 7, 2010 -Page 47 of 71 _ 1 _ '7/13/2010 1:29 PM FJC
EXHIBIT A TO MARANA RESOLUTION N0.2010-84
Amendments to Marana Land Development Code Title 3 (Definitions) and Title 5 (Zoning)
relating to Significant Land Use Change (SLUG) and Zones A-F
adopted pursuant to Marana Ordinance No. 2010.15
SECTION 4. Section 05.01 (Establishment of Zones) of the Marana Land Development
Code is hereby revised as follows (with deletions shown with °°*r~~eo~ and additions shown
with double underlining):
05.01 Establishment of Zones
Zones A-E, reflected in Sections 05.01.01 through 05.02.05, and the procedures
relating to these zones, found in Sections 05.03.01 through 05.03.06 inclusive,
apply only to those lands so zoned. The zones found in Sections 05.10 through
05.12, and the procedures relating to those zones found in Sections 05.20 et.
seq. apply to all lands so zoned.
SECTION 5. The title of Section 05.01.01 (Zones A-F Established) is hereby changed to
"Zones A-E Established."
SECTION 6. Section 05.01.02 of the Land Development Code is hereby deleted as
codified language; however, nothing in this section shall affect or change the zoning of the lands
identified in now-deleted Section 05.01.02 of the Land Development Code. The title of Section
05.01.02 shall be shown as "[RESERVED]."
SECTION 7. Section 05.02 (Regulations Within Zones A-F) of the Marana Land
Development Code, and Sections 05.02.01 through 05.02.06 appearing within Section 05.02, are
hereby revised as follows (with deletions shown with ~s and additions shown with double
underlining):
05.02 Regulations Within Zones A-E
05.02.01 Zone A -Small Lot Zone
A. Permitted Uses. Within Zone A, residential, commercial, industrial, and
quasi-public land uses shall be permitted so long as each such land use
is conducted on a lot no larger than 2.5 acres and is consistent with the
Significant Land Use Change procedure described in Section 05.03. of
this Code. This is not, however, to be construed to permit any land use
that may be specifically prohibited within the Town of Marana by this or
any other Ordinance of the Town of Marana or by State or Federal law.
B. Density Requirements. There shall be no maximum density of land use
per se, except that density of land use on any parcel of land within Zone
A shall be determined in part by prior density of land use in accordance
with the provisions for Significant Land Use Change contained in Section
05.03 of this Code and by setback requirements defined in this and other
titles of this Code or as may be determined by other applicable federal,
state and local regulations.
C. Setbacks.
1. The required front yard (setback) shall be a minimum of 20 feet.
2. The required side yard (setback) shall be a minimum of five feet,
with a street side yard (setback) having a minimum of ten feet.
{00~2g;~@i Meeting -September 7, 2010 -Page 48 of Z1Z _ 7/1/2010 5:39 PM
EXHIBIT A TO MARANA RESOLUTION N0.2010-84
Amendments to Marana Land Development Code Title 3 (Definitions) and Title 5
(Zoning) relating to Significant Land Use Change (SLUG) and Zones A-F
adopted pursuant to Marana Ordinance No. 2010.15
3. The required rear yard (setback) shall be a minimum of 20 feet.
D. Building Heights. Buildings and structures erected in this zone shall have
a height not greater than 30 feet.
05.02.02 Zone B -Medium Lot Zone
A. Permitted Uses. Within Zone B, any residential, commercial, industrial, or
quasi-public land use is permitted so long as each separate land use is
conducted on a lot larger than 2.5 acres but no larger than 25 acres and
is consistent with the Significant Land Use Change Procedure described
in Section 05.03 of this Code. This is not to be construed, however, to
permit any land use that may be expressly prohibited within the Town of
Marana by other ordinances of the Town of Marana, by other provisions
of this code, or by state or federal law.
B. Density Requirements. There shall be no maximum density of land use
per se in this Zone, except as may be dictated by prior density of land use
in accordance with the Significant Land Use Change Procedure described
in Section 05.03 of this Code and by setback requirements defined
elsewhere in this Code.
C. Setbacks. The setback requirements for Zone B shall be the same as for
Zone A.
05.02.03 Zone C -Large Lot Zone
A. Permitted Uses. Within Zone C, any residential, commercial, industrial, or
quasi-public land use shall be permitted, so long as each separate activity
is conducted on a lot no smaller than 25 acres and is otherwise consistent
with the Significant Land Use Change procedures as described in Section
05.03 of this Code. This is not to be construed, however, to permit any
land use that may be expressly prohibited within the Town of Marana by
other sections of this Code other ordinances of the Town of Marana, or
state or federal law.
B. Density Requirements. The maximum density allowed shall be one
dwelling unit or one commercial, industrial, or quasi-public establishment
per 25 acres.
C. Setbacks. No building or structure, except a fence or wall that is not part
of a building and not over six feet in height shall be constructed closer
than ten feet to any side property line or closer than 40 feet plus one foot
for each foot of building height in excess of ten feet above ground level to
any front or rear property line. Where a lot is situated on the corner of two
dedicated streets, each of the property lines along the right-of--way line of
a dedicated street shall be considered to be a front property line, and
each other property line shall be considered to be a side property line in
determining allowable setbacks.
Regul~6~c~ ~~tiy~~}- September 7, 2010 -Page 49 of 71 _ 3 _ 7/1/2010 5:39 PM
EXHIBIT A TO MARANA RESOLUTION NO. 2010-84
Amendments to Marana Land Development Code Title 3 (Definitions) and Title 5
(Zoning) relating to Significant Land Use Change (SLUG) and Zones A-F
adopted pursuant to Marana Ordinance No. 2010.15
05.02.04 Zone D -Designated Flood Plain Zone
The permitted uses, density requirements, and setbacks are the same as Zone
B, but the property owner's attention is drawn to the fact that this is an area at
high risk of flooding and flood hazards. All uses require a floodplain use permit.
05.02.05 Zone E -Transportation Corridor Zone
A. Permitted Uses. Within Zone E, no residential land use shall be permitted
except one single-family residence. Any commercial, industrial, or quasi-
public land use shall be permitted which is consistent in its location with
the land use element of the General Plan of the Town of Marana and the
Significant Land Use Change Procedure described in Section 05.03. of
this Code. This is not to be construed, however, to permit any land use
that may be expressly prohibited within the Town of Marana by other
sections of this Code, by other ordinances of the Town of Marana, or by
state or federal law.
B. Density Requirements. There shall be no maximum or minimum density
requirements in Zone E, except as may be required by the setback
requirements of this Code or by other applicable federal, state and local
regulations.
C. Setbacks. The setback requirements for Zone E shall be the same as for
Zone A.
SECTION 8. Section 05.03 (Significant Land Use Change) of the Marana Land
Development Code, and Sections 05.03.01 through 05.03.06 appearing within Section 05.03, are
hereby revised as follows (with deletions shown with °*-~~ and additions shown with double
underlining):
05.03 Significant Land Use Change (Applies only to Zones A-E)
The intent and purpose of this section is to establish a procedure for requesting
and processing a Significant Land Use Change for property in Zones A, B, C, D,
and E. A land use change allowed as provided in this section shall be granted to
the applicant owner or .lessee ("applicant") and shall run with the land. If the
Significant Land Use Change is not implemented within one year, the Town
Council may, after 15 days' notice to the landowner, void the Significant Land
Use Change.
05.03.01 Notification of Intended Land Use Change
Upon submission of an application for a Significant Land Use Change, the Town
shall give notice of the desired use by first class mail in writing to those persons
identified as having a fee title property interest in all Nearby Land, the Marana
Town Clerk, and the individual members of the Marana Town Council and
Marana Planning Commission. All letters of notittcation shall include the
following:
1. a location map showing the street address, the lot or parcel, and
the immediately adjacent uses,
Regul~6~~~j I~~tiy~~t}- September 7, 2010 -Page 50 of 71 _ 4 _ 7/1/2010 5:39 PM
EXHIBIT A TO MARANA RESOLUTION NO. 2010-84
Amendments to Marana Land Development Code Title 3 (Definitions) and Title 5
(Zoning) relating to Significant Land Use Change (SLUG) and Zones A-F
adopted pursuant to Marana Ordinance No. 2010.15
2. a scaled site plan showing lot dimensions, lot area, setbacks,
existing and proposed buildings, building height, parking and
loading areas and driveways, septic systems and walls or fences,
3. a complete description of the proposed use and its operation,
number of employees, and automobile and truck traffic volume
estimates, and
4. a statement that persons may protest the proposed Significant
Land Use Change in writing to the Town Clerk within 35 calendar
days of the date of the letter of notification.
05.03.02 Protest
If a member of the Town Council or Planning Commission who does not have a
substantial interest as defined in Arizona Revised Statutes section 38-502, or if
any fee title owner of real property located immediately adjacent to the lot or
parcel for which a Significant Land Use Change has been proposed, or if 25% of
the owners of Nearby Land protest the proposed Significant Land Use Change in
writing to the Town Clerk within 35 calendar days of the date of the notification
letter, then the Town Clerk shall notify the applicant in writing within five calendar
days after receipt of the protest and the applicant shall proceed per 05.03.03 of
this Code. If none of the above situations occur, or if the protest is withdrawn
within the 35-day period, the Significant Land Use Change is approved, subject
to any other requirements imposed on the proposed use.
05.03.03 Response to Protest
If the Town Clerk receives a protest of the type set forth in 05.03.02 of this Code,
the applicant shall present rebuttal to the said protests before the Planning
Commission at a public hearing that shall be scheduled as soon as practicable
after receipt of the protest.
05.03.04 Notice of Public Hearing
Notice of the time and place of a public hearing before the Planning Commission
or Town Council, including a general description of the matter to be considered
as well as a description of the parcel for which a Significant Land Use Change
has been proposed shall be given at least 15 calendar days prior to the hearing
by first class mail to each person identified as having a fee title property interest
in the Nearby Land, and by publication at least once in a newspaper of general
circulation published or circulated within the Town of Marana.
05.03.05 Decision by the Planning Commission
The Planning Commission shall weigh the merits of the proposed Significant
Land Use Change and either approve the land use change or deny such
approval, or grant approval based on any reasonable adjustment or compromise
that is acceptable to both the applicant and the majority of the Planning
Commission. Where 25% or more of the owners of the Nearby Land have
protested the proposed Significant Land Use Change, approval of the change
Regul~6~c~j ~~i~s~}- September 7, 2010 -Page 51 of 71 _ 5 _ 7/1/2010 5:39 PM
EXHIBIT A TO MARANA RESOLUTION NO.2010-84
Amendments to Marana Land Development Code Title 3 (Definitions) and Title 5
(Zoning) relating to Significant Land Use Change (SLUG) and Zones A-F
adopted pursuant to Marana Ordinance No. 2010.15
must be made by athree-fourths vote of those Planning Commission members
present and eligible to vote.
05.03.06 Appeal from the Decision of the Planning Commission
The applicant, the member (or members) of the Town Council who submitted a
written protest under 05.03.02, the fee title owner (or owners) of adjacent real
property who submitted a written protest under 05.03.02, or any one of the 25%
of the owners of Nearby Land who submitted a written protest under 05.03.02
may appeal the decision of the Planning Commission to the Town Council. Such
appeal must be made in writing to the Town Clerk within five working days of the
rendering of the decision by the Planning Commission. When such a notice of
appeal has been submitted to the Town Clerk, it will be brought as a public
hearing before the Town Council as soon as practicable. The Town Council shall
then confirm or modify or reverse the decision of the Planning Commission.
Where 25% or more of the owners of the Nearby Land have protested the
proposed Significant Land Use Change, an approval of the change must be
made by athree-fourths vote of those Town Council members present and
eligible to vote.
SECTION 9. The title of Section 05.06 (Specific Plans) is hereby changed to "Zone F -
Specific Plans."
Regul~6~r~ ~~tiy~~}- September 7, 2010 -Page 52 of 71 _ 6 _ 7/1/2010 5:39 PM
~~`"`~
~~~~
~~~'~.
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
COUNCIL CHAMBERS, September 7, 2010, 7:00:00 PM
To: Mayor and Council Item A 3
From: Lisa Shafer ,Interim Planning Director
Strategic Plan Focus Area:
Progress and Innovation
Subject: PUBLIC HEARING: Ordinance No. 2010.16: Relating to Land Development;
amending Marana Land Development Code Title 16 (Signs) by deleting Sections 16-
11-01 (Initial Fees), 16-11-02 (Work Performed Without a Permit), 16-14-08
(Construction Signs), 16-14-29 (Temporary Construction Sign), and 16-14-37 (Off-
Premise Development Kiosk Sign Program) and by revising Sections 16-09-04
(Political Sign), 16-10-01 (Permits), 16-14-17 (Service Station Price Sign), 16-14-27
(Development Sign), 16-14-28 (Developer, Contractor and/or Subcontractor
Identification Sign), and 16-15-01 (Violations of this Title); and establishing an
effective date (Lisa Shafer)
Resolution No. 2010-85: Relating to Development; declaring the amendments to
Marana Land Development Code Title 16 as a public record filed with the town clerk
Discussion:
Staff from the planning, legal and engineering departments have been working on a re-write
of the Land Development Code. A major investment of time is being made by staff to improve
upon the Land Development Code. During the preliminary work on the re-write staff identified a
few areas that needed immediate attention. This amendment addresses one of those areas.
This amendment came about as staff began looking into the Town's Kiosk program. Staff
determined that the Kiosk program did not belong in the LDC sign regulations due to the nature
of the sign and being located within the Town right-of--way. Once staff decided to amend the
code to remove Kiosk signs we took the opportunity to make some minor amendments to the sign
code that had proven to be problematic in the past. Currently staff is working on a comprehensive
re-write of the sign code.
Below is a summary of the major changes that are being proposed. All of the modifications,
including minor and grammatical changes, are shown in their entirety on the accompanying
document as either deleted or added.
. Modify Section 16-09-04 Political Sign- delete the setback requirement on the property
and delete the date in which signs can be installed.
. Modify Section 16-10-O1.C.2 Permits- slight changes to the wording so that a single, four
Regular Council Meeting -September 7, 2010 -Page 53 of 71
square-foot political sign would more clearly be allowed by this section without obtaining
a permit.
. Delete Section 16-11 Fees- this section was added to the Town's comprehensive fee
schedule and is no longer needed in the LDC.
. Modify Section 16-14-17 Service Station Price Sign- renamed it to Fuel Price, simplified it
to indicate the amount of square footage of fuel prices that can be on various types of signs
and allow for the fuel price to be displayed electronically.
. Delete Sections 16-14-08 Construction Sign and 16-14-29 Temporary Construction Sign-
these sections were very similar to two other sections (16-14-27 and 16-14-28), therefore;
the four sections were combined into two sections.
. Modify Section 16-14-27 Development Sign- this type of sign can be displayed on
property being developed to identify the name of the development and other information
such as proposed tenants and opening dates. The sign area was increased to 64 square feet
from 40 feet and the setback reduced to 10 feet from 15 feet. This modification also states
when this sign can be installed.
. Modify Section 16-14-28 Developer, Contractor and/or Subcontractor Identification Sign-
this type of sign can be displayed on property being developed to identify who is involved
in the developing, construction or financing of the project. Changes to this section bring it
more into conformance with requirements of Section 16-14-27 with regard to location of
the sign and when one can be installed.
. Delete Section 16-14-37 Off-Premise Development Kiosk Sign Program- this section of
the code sets the requirements for way-finding signs that are located within the Town
rights-of-way directing traffic to new residential subdivisions. Staff proposes to remove the
program for these type signs from the LDC and create a new separate policy that would be
adopted by resolution by the Town Council.
. Modify Section 16-15-01 Violations of this Title- added Subsection 16-11-02 to this
section due to the fee section being deleted. There are no changes to the wording.
ATTACHMENTS:
Name: Description: Type:
~ ORD revising Sign_Code_Proyisions_
(00022105).DOC Ordinance Ordinance
~ Reso_declaring_sgn_code_changes_a~ublc record_
(00022104).DOC Resolution Resolution
O 2010_Sign Code_Reyisions~00021669-2).DOC Exh A to Reso: Revisions to the Land Exhibit
Development Code
Staff Recommendation:
Staff recommends adoption of Ordinance No. 2010.16 and Resolution No. 2010-85.
Commission Recommendation - if applicable:
This amendment was taken before the Planning Commission on June 30, 2010. They
unanimously voted to recommend approval to the Town Council.
Suggested Motion:
I move to adopt Ordinance No. 2010.16 and Resolution No. 2010-85, approving an amendment
to the Marana Land Development Code Title 16, and declaring the amendments a public record.
Regular Council Meeting -September 7, 2010 -Page 54 of 71
MARANA ORDINANCE N0.2010.16
RELATING TO LAND DEVELOPMENT; AMENDING MARANA LAND DEVELOPMENT
CODE TITLE 16 (5IGNS) BY DELETING SECTIONS 16-11-01 (INITIAL FEES), 16-11-02
(WORK PERFORMED WITHOUT A PERMIT), 16-14-08 (CONSTRUCTION SIGN),
16-14-29 (TEMPORARY CONSTRUCTION SIGN), AND 16-14-37 (OFF-PREMISE
DEVELOPMENT KIOSK SIGN PROGRAM) AND BY REVISING SECTIONS 16-09-04
(POLITICAL SIGN), 16-10-01 (PERMITS), 16-14-17 (SERVICE STATION PRICE SIGN),
16-14-27 (DEVELOPMENT SIGN), 16-14-28 (DEVELOPER, CONTRACTOR AND/OR
SUBCONTRACTOR IDENTIFICATION SIGN), AND 16-15-01 (VIOLATIONS OF THIS
TITLE); AND ESTABLISHING AN EFFECTIVE DATE
WHEREAS the Mayor and Council of the Town of Marana find that the revisions
adopted by this ordinance, which revise, modernize, simplify, and eliminate inconsistencies in
Marana Land Development Code Title 16 (Signs), are in the best interests of the Town of
Marana and the general public.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, as follows:
SECTION 1. The amendments to Marana Land Development Code Title 16 (Signs),
deleting sections 16-11-01 (Initial Fees), 16-11-02 (Work Performed Without a Permit),
16-14-08 (Construction Sign), 16-14-29 (Temporary Construction Sign), and 16-14-37 (Off-
Premise Development Kiosk Sign Program) and revising sections 16-09-04 (Political Sign),
16-10-01 (Permits), 16-14-17 (Service Station Price Sign), 16-14-27 (Development Sign),
16-14-28 (Developer, Contractor and/or Subcontractor Identification Sign), and 16-15-01
(Violations of this Title), three copies of which are on file in the office of the Town Clerk of the
Town of Marana, Arizona, which were made a public record by and attached as Exhibit A to
Resolution No. 2010-85 of the Town of Marana, Arizona, are hereby referred to, adopted and
made a part of this ordinance as if fully set out here.
SECTION 2. Section 16-15-01 (Violations of this Title) of the Marana Land
Development Code as revised by this ordinance provides:
16-15-01 Violations of this Title
A. Any person, firm, entity or corporation found to be in violation of any of the
provisions of this Title shall be guilty of a civil infraction and subjected to a
maximum fine of $500.00 for each violation, in addition to any other civil
penalties which may attach.
Regulq~~~~~~Ql~~~tember 7, 2010 -Page 55 of 71 _ 1 _
{00022105.DOC /}
B. Each sign and each day a violation continues shall be considered as a
separate offense.
C. When work for which a permit is required by this Title has begun before a
permit has been obtained, the fees shall be doubled, but the payment of such
double-fee shall not relieve any person from complying fully with the
requirements of this Title in the execution of the work, or from any penalties
prescribed herein.
SECTION 3. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are repealed as of the effective date of this ordinance; provided, however, that this
repeal shall not affect the rights and duties that matured or penalties that were incurred and
proceedings that were begun before the effective date of the repeal.
SECTION 4. 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, the decision shall not affect the validity of the remaining portions of this
ordinance.
SECTION 5. This ordinance is effective on October 8, 2010.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 7t" day of September, 2010.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Regulq~~~~~~i@~Ql~~~tember 7, 2010 -Page 56 of 71 _ 2 _ {00022105DOC /}
MARANA RESOLUTION N0.2010-85
RELATING TO DEVELOPMENT; DECLARING THE AMENDMENTS TO MARANA
LAND DEVELOPMENT CODE TITLE 16 (SIGNS) AS A PUBLIC RECORD FILED WITH
THE TOWN CLERK
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, that the amendments to Marana Land Development Code Title 16
(Signs), a copy of which is attached to and incorporated in this resolution as Exhibit A and three
copies of which are on file in the office of the Town Clerk, are hereby declared to be a public
record and ordered to remain on file with the Town Clerk.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 7th day of September, 2010.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Regular Council Meeting -September 7, 2010 -Page 57 of 71 {00022104.DOC /}
EXHIBIT A TO MARANA RESOLUTION NO. 2010-85
Amendments to Marana Land Development Code Title 16 (Signs)
adopted pursuant to Marana Ordinance No. 2010.16
SECTION 1. Section 16-09-04 (Political Sign) of the Marana Land Development Code is
hereby revised as follows (with deletions shown with. strips and additions shown with double
underlining):
16-09-04 Political Sign
A. Temporary election signs, which support candidates, issues, or any other
means on the ballot of primary, general or special elections are allowed in all
zoning districts upon the application of a blanket permit which shall apply to
any election signs erected within the Town boundaries, except those exempt
under section 16-10-01 (C) (2). The individual or organization erecting the
sign shall file with the Planning Director or their designee a sign permit
application designating the name, address and telephone number of the
individual responsible for the installation and removal of the signs.
B. The sign shall not be located within the dedicated public rights-of-way and
shall be limited to an area that is outside the sight visibility triangle of any
roads or driveways.
C. The signs shall be removed no more than five days after the election.
D. The maximum square feet of each sign shall not exceed 32 square feet.
E. The signs shall not be greater than ten feet in height from grade.
F. The signs shall not be illuminated.
G. Such signs shall not be placed on utility poles or any authorized traffic sign,
signal or device.
H. A blanket permit fee in an amount established by a fee schedule adopted by
the council and amended from time to time is required for political signs
authorized by this section.
I. Any and all violations of this section shall be subject to the penalty provisions
contained in this Title.
SECTION 2. Section 16-10-01 (Permits) of the Marana Land Development Code is
hereby revised as follows (with deletions shown with °°*-~~ and additions shown with double
underlining):
16-10-01 Permits
A. Any property owner or authorized agent who possesses an authorized letter
from the owner of the property on which the sign is to be installed may apply
for a sign permit.
B. The applicant shall submit to the Planning Director or their designee the
following information:
1. The following information as required by the Planning Director:
Regul~6~~ ~~tiy~~}- September 7, 2010 -Page 58 of 71 _ 1 _ 7/13/2010 8:13 PM
EXHIBIT A TO MARANA RESOLUTION NO. 2010-85
Amendments to Marana Land Development Code Title 16 (Signs)
adopted pursuant to Marana Ordinance No. 2010.16
i. A site plan for freestanding signs, including a north arrow, a legal
description, dimensions of the required setbacks and location of
the property lines, buildings frontages, roads and proposed signs;
i. A description, in the form of a sketch, of signs attached to a
building, a building wall, building frontage and proposed and
existing signs with their sign areas; and
iii. A sign description in the form of a sketch of the proposed sign,
showing the sign area dimensions, structural supports, height,
clearance, copy, illumination, colors and materials.
2. Signs which are to be illuminated electrically shall require a separate
electrical permit in conformity with the Town Electrical Code, which shall
be issued by the Town's Chief Building Official.
C. A permit is not required for the following signs or sign alterations, but all such
signs and alterations shall be subject to all pertinent provisions of this section:
1. Signs required by this Title as listed in article 16-8;
2. A single sign no larger than four square feet exhibited by the owner or
tenant of a parcel or premises and which is located on the parcel or
premises;
3. Repainting without changing wording, composition, or colors;
4. Non-structural repair other than electrical repair;
5. Relocation of a sign as required by Town; and
6. A window sign, non-illuminated and having an area of four square feet or
less.
D. Every permit issued under this Title shall become null and void, if the work
authorized by such permit is not completed within 90 days from the date of
issuance of such permit. If a permit expires before the work is completed, a
new permit shall first be obtained and the fee shall be one-half of the amount
required for a new permit for such work, provided no changes have been or
will be made in the original plans and specifications for such work.
E. Approval of the sign permit shall be at the discretion of the Planning Director
or their designee and such approval shall be required for all signs, with the
exception of those signs that are specifically exempted by this Title.
F. A denial of a sign permit by the Planning Director may be appealed to the
Planning Commission pursuant to section 16-10-02.
G. Permits for temporary signs shall be issued by the Planning Director only
when the sign is specifically allowed by this Title. Temporary sign permits
shall be issued and renewed only for periods of six (6) months. Subdivision
signs may be allowed until the last residence is sold. Temporary signs shall
be permitted in all zones unless otherwise specified.
Regul~6~r~ ~~i~;?'}- September 7, 2010 -Page 59 of 71 _ 2 - 7/13/2010 8:13 PM
EXHIBIT A TO MARANA RESOLUTION NO. 2010-85
Amendments to Marana Land Development Code Title 16 (Signs)
adopted pursuant to Marana Ordinance No. 2010.16
SECTION 3. Chapter 16-11 (Fees) of the Marana Land Development Code, consisting of
Section 16-11-01 (Initial Fees) and Section 16-11-02 (Work Performed Without a Permit), is
hereby deleted, and the title of Chapter 16-11 shall be shown as "[RESERVED]."
SECTION 4. Section 16-14-08 (Construction Sign), Section 16-14-29 (Temporary
Construction Sign), and Section 16-14-37 (Off-Premise Development Kiosk Sign Program) of
the Marana Land Development Code are hereby deleted, and those section numbers shall be
shown as "[RESERVED]."
SECTION 5. Section 16-14-17 (Service Station Price Sign) is hereby revised as follows
(with deletions shown with slrril~ee~s and additions shown with double underlining):
46-14-17 Fuel Price
A. The maximum area of the fuel price shall be:
1.25 square feet when it is a component of a monument sign.
2. 40 square feet when it is a component of a freestanding sign.
3. 40 square feet when it is attached a fueling area canopy, provided that
the fuel price shall be located on only one side of the canopy and shall
not extend beyond the frame of the canopy.
B. The fuel price may be displayed electronically.
SECTION 6. Section 16-14-27 (Development Sign) of the Marana Land Development
Code is hereby revised as follows (with deletions shown with °*-'~ and additions shown
with double underlining):
16-14-27 Development Sign
A. A development may have one freestanding sign on each street which abuts
the development and the sign must be placed on the property being
developed.
B. The text of a development sign may include the name of the development
and/or subdivision, the name and phone number of the developer or his/her
agent, tenants, opening date, the price range of units to be available, and
information essential to contacting the developer or agent.
C. The area of a development sign may not exceed 64 square feet, a sign may
be single or double-faced and shall be located at least ten feet from the
property line or right-of--way.
D. The height of a development sign may not exceed eight feet.
E. A development sign shall be allowed only if a grading permit, development
plan, or subdivision plat has been approved for the site or a building permit
has been issued for construction on the site.
{OOd~g~~@I Meeting -September 7, 2010 -Page 60 of T13 7/13/2010 8:13 PM
EXHIBIT A TO MARANA RESOLUTION N0.2010-85
Amendments to Marana Land Development Code Title 16 (Signs)
adopted pursuant to Marana Ordinance No. 2010.16
F. A development sign shall be removed within ten days after the completion of
the announced development.
SECTION 7. Section I6-14-28 (Developer, Contractor and/or Subcontractor
Identification Sign) of the Marana Land Development Code is hereby revised as follows (with
deletions shown with r*r~~ and additions shown with double underlining):
16-14-28 Developer, Contractor and/or Subcontractor Identification
Sign
A. A development and/or developer, contractor, subcontractor, and lender
participating in building or construction work may be so identified by having
the names of the respective firms displayed on a sign conspicuous to the
public.
B. All agencies or firms desiring to be identified shall be displayed on the same
sign.
C. One identification sign shall be allowed on each street which abuts the
development and the sign must be placed on the property being developed.
D. An identification sign shall have an area no larger than 40 square feet nor a
height in excess of eight feet.
E. An identification sign may be freestanding and may be single or double-
faced.
F. An identification sign shall be at least ten feet from the property line or right-
of-way.
G. An identification sign shall not be illuminated.
H. The legend appearing on an identification sign shall be limited to identifying
the firms contributing to the development. -That is, in addition to identifying
the developer, the sign may identify also the firms that provided the
engineering and architectural work, the firm(s) providing the primary
source(s) of financing and the principal subcontracting firms.
I. A identification sign shall be allowed only if a grading permit, development
plan, or subdivision plat has been approved for the site or a building permit
has been issued for construction on the site.
J. An identification sign shall be removed within ten days after the work of the
contractor or last finishing contractor has been done.
SECTION 8. Section 16-15-01 (Violations of this Title) of the Marana Land
Development Code is hereby revised as follows (with deletions shown with stril~eeat~ and
additions shown with double underlining):
Regul~~j~~~ ~~i~`~}- September 7, 2010 -Page 61 of 71 4 7/13/2010 8:13 PM
EXHIBIT A TO MARANA RESOLUTION N0.2010-85
Amendments to Marana Land Development Code Title 16 (Signs)
adopted pursuant to Marana Ordinance No. 2010.16
16-15-01 Violations of this Title
A. Any person, firm, entity or corporation found to be in violation of any of the
provisions of this Title shall be guilty of a civil infraction and subjected to a
maximum fine of $500.00 for each violation, in addition to any other civil
penalties which may attach.
B. Each sign and each day a violation continues shall be considered as a
separate offense.
C. When work for which a permit is required by this Title has begun before a
permit has been obtained, the fees shall be doubled, but the payment of such
double-fee shall not relieve any person from complying fully with the
requirements of this Title in the execution of the work, or from any penalties
prescribed herein.
SECTION 9. Each existing kiosk sign installed pursuant to Land Development Code
Section 16-14-37 (Off-Premise Development Kiosk Sign Program) as it existed before the
effective date of this ordinance is permitted to remain in place until December 31, 2011, subject
to the following requirements and provisions:
A. The kiosk must be covered by a current, valid Marana right-of--way license agreement.
B. The kiosk must conform to the kiosk sign program as it existed before this repeal.
C. The kiosk may not be expanded beyond its size as of the effective date of this
ordinance.
D. The kiosk maybe replaced with a new kiosk in the same location, provided that the new
kiosk is then removed no later than December 31, 2011.
E. Existing kiosks that must be moved for any reason prior to December 31, 2011 may be
relocated at the kiosk owner's sole expense to the nearest possible location that does not
create a traffic hazard, as determined by the Town Engineer, provided that the relocated
kiosk is then removed no later than December 31, 2011.
Regul~6~r~~tlj ~~tiy~~}- September 7, 2010 -Page 62 of 71 _ 5 _ 7/13/2010 8:13 PM
~~t
w~.w~
R.,,~ ~~ ~~~.~
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
COUNCIL CHAMBERS, September 7, 2010, 7:00:00 PM
To: Mayor and Council Item A 4
From: Keith Brann ,Town Engineer
Strategic Plan Focus Area:
Community Building, Progress and Innovation
Subject: Resolution No. 2010-86_Relating to Traffic and Highways; adopting a regulatory
wayfinding sign program to replace the "kiosk" program under the Marana Land
Development Code, and authorizing the Town Manager to administer the regulatory
wayfinding sign program with the technical guidance of the Town Engineer
Discussion:
The Town's kiosk sign wayfinding program has been the subject of various legal, practical, and
enforcement issues. At a previous council study session, Town staff presented an outline of
revisions to the program for council direction. The resolution before you is the result of direction
from that session.
The kiosk program is currently found in the Land Development Code. The kiosk program is
designed primarily to allow uniform, attractive signage directing prospective home buyers to new
home subdivisions. It is a wayfinding program intended to minimize traffic safety issues
associated with members of the traveling public who have a higher than normal likelihood of
getting lost. Kiosks are currently erected and managed by private parties within public rights-of-
way. As wayfinding signs, kiosks are technically regulatory in nature. Town ordinances generally
prohibit nonregulatory signs in the public rights-of-way.Because kiosks are not erected or
managed by Town employees, the Town requires aright-of--way permit and aright-of-way
license (with associated liability insurance) for each kiosk. Combined with other actions before
you tonight, Town staff proposes to transition the kiosk program so that it is administered and
managed by Town staff.
A contractor may be chosen through a competitive bidding process will be used to install and
remove kiosks but they will be Town property. Meanwhile, existing kiosks will be permitted to
remain for a transition period, currently proposed to extend through the end of 2011.
Financial Impact:
The kiosk program charges fees for signage which will cover the cost of the individual plates and
the host sign. The Request for Proposal will help identify kiosk sign costs which will establish
the appropriate level of the fee.
ATTACHMENTS:
Regular Council Meeting -September 7, 2010 -Page 63 of 71
Name: Description: Type:
O Reso adopting_Town
managed kiosk~rogram_ Resolution Resolution
(00022054). DOC
~ Kiosk_Sign_Policy_Outline-
9 7-10 council~acket.DOC Kiosk program outline Backup Material
Staff Recommendation:
Staff recommends passage of the resolution, bringing the kiosk program under Town ownership.
Suggested Motion:
I move to adopt Resolution 2010-86, adopting a regulatory wayfinding sign program to replace
the "kiosk" program under the Marana Land Development Code, and authorizing the Town
Manager to administer the regulatory wayfinding sign program with the technical guidance of the
Town Engineer.
Regular Council Meeting -September 7, 2010 -Page 64 of 71
MARANA RESOLUTION N0.2010-86
RELATING TO TRAFFIC AND HIGHWAYS; ADOPTING A REGULATORY WAYFINDING
SIGN PROGRAM TO REPLACE THE "KIOSK" PROGRAM UNDER THE MARANA LAND
DEVELOPMENT CODE, AND AUTHORIZING THE TOWN MANAGER TO ADMINISTER
THE REGULATORY WAYFINDING SIGN PROGRAM WITH THE TECHNICAL GUIDANCE
OF THE TOWN ENGINEER
WHEREAS the Town of Marana has had a "kiosk" sign program in the Marana Land Devel-
opment Code since 1996 (the "LDC Kiosk Program"); and
WHEREAS the LDC Kiosk Program allowed certain wayfinding signs to be installed and
managed by a private contractor within Town rights-of--way; and
WHEREAS the Town's Legal Department has advised that wayfinding signs of the type al-
lowed by the LDC Kiosk Program are more properly treated as regulatory signs and managed by
Town staff in the same manner as other regulatory signs; and
WHEREAS the wayfinding "kiosk" sign program established by this resolution (the "Regula-
tory Wayfinding Sign Program") is intended to replace the LDC Kiosk Program, which is being
eliminated by separate ordinance concurrently with the adoption of this resolution; and
WHEREAS the Mayor and Council of the Town of Marana find that wayfinding signs of the
type authorized by this resolution reduce traffic hazards and minimize sign clutter in the public right-
of-way; and
WHEREAS the Mayor and Council of the Town of Marana find that the public interests are
best served by the creation of the Regulatory Wayfinding Sign Program.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, Arizona, as follows:
SECTION 1. The Town of Marana "Regulatory Wayfinding Sign Program" more particularly
described elsewhere in this resolution is hereby established, and the Town Manager is hereby autho-
rized to administer it with the technical traffic safety guidance of the Town Engineer.
SECTION 2. The following definitions apply to this resolution:
a. A "Regulatory Wayfinding Sign" is a Town owned and designed multi-panel sign placed at
strategic locations within the public right-of--way that assists the motoring public to find loca-
Regulq~~~~~~~~~Ql~~ember 7, 2010 -Page 65 of 71 _ 1 _ {00022054.DOC /}
tions that visitors and others who do not have a regular and easy acquaintance with Marana
are likely to have a difficult time finding, such as public and quasi-public facilities and new
residential developments.
b. A "Kiosk" is a sign legally installed and properly maintained under the LDC Kiosk Program.
SECTION 3. The Regulatory Wayfinding Sign Program shall operate under the following
general guidelines:
a. General guidelines:
i. The Town will prepare a standard Regulatory Wayfinding Sign detail, including overall
sign and individual plate dimensions, lettering style, and architectural treatments.
ii. Regulatory Wayfinding Signs shall be designed to have a minimum of six plates with the
ability to expand to six additional plates by mirroring the style.
iii. Until January 1, 2012, a Regulatory Wayfinding Sign shall not be installed within one
mile of any existing Kiosk without the prior written consent of the contractor or contrac-
torswho installed all existing Kiosks located within one mile ofthe proposed Regulatory
Wayfinding Sign.
iv. Fabrication, installation, maintenance, and removal of Regulatory Wayfinding Signs and
plates may either be accomplished using Town staff and equipment or using a contractor
as set forth below.
b. Regulatory Wayfinding Sign contractor guidelines:
i. If town staff chooses to use a contractor for the Regulatory Wayfinding Sign Program,
Town staff shall solicit bids for fabrication, installation, maintenance, and removal of
Regulatory Wayfinding Signs and plates based on the standard detail.
ii. The Town will award the contract for fabrication, installation, maintenance, and removal
of Regulatory Wayfinding Signs and plates to the successful bidder for three years with
the ability to extend the contract for one additional three-year period.
iii. The successful bidder shall install, remove, and maintain Regulatory Wayfinding Signs
and plates at the Town's direction, as a contractor to the Town.
(1) The contractor shall obtain a Marana right-of--way permit for the installation or re-
moval of Regulatory Wayfinding Signs and shall meet all right-of--way permit re-
quirements for plans, traffic control, and insurance
(2) As a contractor for the Town, the successful contractor shall not be charged right-of-
way permit fees in connection with its work under the Regulatory Wayfinding Signs
contract.
(3) After installation, each Regulatory Wayfinding Sign is a Town asset covered by
Town insurance.
c. Regulatory Wayfinding Sign application guidelines:
i. A party desiring to have their project included on a Regulatory Wayfinding Sign plate
shall submit an application to the Town and pay the application fee.
Regulq~~~~~~~i~Ql~e~ember 7, 2010 -Page 66 of 71 _ 2 _ {00022o54.DOC /}
ii. If the Town approves the sign plate application, the applicant shall pay the applicable fa-
brication fee or fees and the first year's maintenance fee.
iii. Upon receipt of the fabrication fee and the first year's maintenance fee, the Town will
execute a task order to the contractor to fabricate the applicable Regulatory Wayfinding
Sign or signs and/or plate or plates.
iv. Fees for Regulatory Wayfinding Sign plates for Town facilities shall be waived, but the
Town shall be responsible for the contractor's costs of plate fabrication.
d. Regulatory Wayfinding Sign location guidelines:
i. The Town shall determine and control the location of all Regulatory Wayfinding Signs.
ii. The location of each Regulatory Wayfinding Sign shall be approved by the Town Engi-
neer for safety, giving due consideration to all of the following:
(1) Clear zone issues.
(2) Sight visibility issues.
(3) Driver distraction issues.
iii. Regulatory Wayf nding Signs shall be located only on Town arterials and collectors, and
only at the following locations:
(1) Preceding major intersections (guidance).
(2) Following major intersections (confirmation).
(3) No closer than one mile intervals for roads with no major intersections (confirma-
tion).
e. Regulatory Wayfinding Sign plate copy guidelines:
i. The Town shall control the copy of all Regulatory Wayfinding Sign plates.
ii. Plate copy is available s for the following allowable uses:
(1) New residential subdivisions located in Marana
(a) Plate legend must include builder name
(b) Plate legend may also include builder logo
(c) Plate only allowed after a sales office is operational
(d) Plate is removed when sales office is closed or no longer selling subdivision
lots/homes in Marana
(2) New residential apartment complexes, condos, and time-shares located in Marana
(a) Plate legend must include project name
(b) Plate legend may also include a logo
(c) Plate only allowed after leasing office is operational
(d) Plate allowed to remain while construction is ongoing and until six months after
C of O of most recently completed residential building
Regulq~~~}-d~¢~~~~~,i~Ql~e~ember 7, 2010 -Page 67 of 71 _ 3 _ {00022o54.DOC /}
(3) Public and quasi public destinations
(a) Government facilities open to the public
(b) Urgent care, hospitals and clinics
(c) Libraries
(d) Parks
SECTION 4. Until they are included in the comprehensive fee schedule, the following Regu-
latory Wayfinding Sign and plate fees shall apply:
a. Application fee:
$50.00
b. Regulatory Wayfinding Sign fabrication fee:
Successful bidder's contract price plus $100.00
c. Plate fabrication fee:
Successful bidder's contract price plus $25.00
d. Maintenance fee (per plate per year; not prorated): 50.00
SECTION 5. The Town Manager, Town Engineer, and other town staff are hereby authorized
to take all other actions necessary to carry out this resolution.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 7th day of September, 2010.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Regulq~~~~~~~~61~~ember 7, 2010 -Page 68 of 71 _ 4 - {00022o54.DOC /}
KIOSK SIGN POLICY
Apri123, 2010
1. Transition/roll-out (May 18 Council study session; June 30, 2010 Planning Commission;
September 2010 Council adoption)
a. Adopting ordinance repeals existing LDC kiosk sign provisions (LDC § 16-14-37)
b. All existing kiosk signs with a current, valid Marana right-of--way license agreement are
permitted to remain in place until December 31, 2011
i. They must conform to the kiosk sign program as it existed before this repeal
ii. Signs may not be expanded beyond their size as of the effective date of the revision
iii. Signs must be maintained (an existing requirement), and may be replaced with a new
sign in the same location
iv. Existing kiosks that must be moved for any reason prior to December 31, 2011 may
be relocated at the kiosk owner's sole expense to the nearest possible location that
does not create a traffic hazard, as determined by the Town Engineer
v. Town will not install a kiosk sign within one mile of any existing kiosk until after
January 1, 2012, without the prior written consent of the owners of all kiosk signs
located within one mile.
2. Kiosk signs are Town property and design
a. Town to prepare basic kiosk detail of size, lettering style, architectural treatments.
b. Kiosks to have a minimum of 6 plates with the ability to expand to 6 additional plates by
mirroring the style.
c. Town to solicit bids based on basic detail for final kiosk design and cost, plate costs, and
maintenance costs.
d. Town to award kiosk sign program bid for 3 years with ability to extend contract to
another 3 years once.
e. Successful bidder installs kiosks at Town's direction as a contractor.
i. Contractor must pull ROW permit for work and meet ROW permit requirements for
plans, traffic control, and insurance
ii. As a contractor for Town, there is no ROW permit fee
iii. ROW permit is for installation only-after installation, each kiosk is a Town asset
covered by Town insurance
f. Applicants for kiosk plates submit request to Town
g. Town executes task order to contractor to create kiosks and plates as needed
3. Town controls location of all kiosk signs
a. Location to be approved by Town Engineer for safety
i. Clear zone issues
ii. Sight visibility issues
Regular Council Meeting.- September 7, 2010 -Page 69 of 71 _ 1 - 8/30/2010
iii. Driver distraction issues
b. Kiosks located only on arterials and collectors
i. Preceding major intersections (guidance)
ii. Following major intersections (confirmation)
iii. No closer than one mile intervals for roads with no major intersections (confirmation)
4. Town controls the copy of all kiosk signs for the following allowable uses:
a. New residential subdivisions located in Marana
i. Plate legend must include builder name
ii. Plate legend may also include builder logo
iii. Plate only allowed after a sales office is operational
iv. If sales office is closed or no longer selling subdivision lots/homes in Marana, plate is
removed
b. New residential apartment complexes, condos, and time-shares located in Marana
i. Plate legend must include project name
ii. Plate legend may also include a logo
iii. Plate only allowed after leasing office is operational
iv. Plate allowed to remain while construction is ongoing and until six months after
C of O of most recently completed residential building
c. Public and quasi public destinations
i. Government facilities open to the public
ii. Urgent Care, hospitals and clinics
iii. Libraries
iv. Parks
Regular Council Meeting -September 7, 2010 -Page 70 of 71 _ 2 - 8/30/2010
~~
imx ar: wnasu
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
COUNCIL CHAMBERS, September 7, 2010, 7:00:00 PM
To: Mayor and Council Item D 1
From: Gilbert Davidson ,Town Manager
Strategic Plan Focus Area:
Not Applicable
Subject: Legislative/Intergovernmental Report: Discussion/Direction/Action regarding all
pending state and federal legislation and report on recent meetings of other legislative
bodies
Discussion:
This item is scheduled for each regular council meeting in order to provide an opportunity for
discussion of any legislative or regional intergovernmental item that might arise. Periodically, an
oral report may be given to supplement the Legislative Bulletins.
ATTACHMENTS:
Name: Description: Type:
No Attachments Available
Staff Recommendation:
Upon the request of Council, staff will be pleased to provide recommendations on specific
legislative/intergovernmental issues.
Suggested Motion:
Mayor and Council's pleasure.
Regular Council Meeting -September 7, 2010 -Page 71 of 71
NATIONAL PREPAREDNESS MONTH
PROCLAMATION
WHEREAS, the Town of Marana is committed to providing for a safe and secure
community, as well as improving the quality of life, business, and the environment; and
WHEREAS, each year September is designated as National Preparedness Month in which
there is a nationwide coordinated effort sponsored by the U.S. Department of Homeland
Security to encourage Americans to prepare for emergencies in their homes, businesses, and
schools; and
WHEREAS, during the month of September, the Pima County Office of Emergency
Management and Homeland Security along with the Citizen Corps Councils in Pima County and
the American Red Cross will engage in activities that encourage residents to take steps to make
themselves and their families better prepared for emergencies; and
WHEREAS, individual, business, school and community preparedness is an essential element
of a resilient and secure Town that can adapt to changing conditions and withstand and rapidly
recover from disruptions due to emergencies and disasters of any type.
NOW, THEREFORE, the Mayor and Council of the Town of Marana do join the
governments of the United States, the State of Arizona, and Pima County, and proclaim
September 1 through September 30, 2010
NATIONAL PREPAREDNESS MONTH
IN THE TOWN OF MARANA
and encourage all of our citizens and civic organizations to acquaint themselves with the
issues involved in preparedness against potential hazards, and join in appropriate
activities to enhance our health, safety, comfort and quality of life.
Dated this 7th day of September, 2010.
Un.~ ~..
Mayor Ed Honea
ATTEST:
celyn C ronson, Town Clerk