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HomeMy WebLinkAbout02/15/2011 Council Agenda Packet M ARANA MARANA TOWN COUNCIL REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, February 15, 2011, 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 to others, turn off or put in silent mode all pagers and cell phone Meeting Ti mes 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 - February 15, 2011 - Page 1 of 156 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, February 14, 2011, 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 ALLEGIANCEANVOCATION/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 Sherry Cervi 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 - February 15, 2011 - Page 2 of 156 the Consent agenda, and that issue will be discussed and voted upon separately, immediately following the Consent agenda. C 1: O rdinance No. 2011.01: _Relating to Business Regulations; amending the Marana Town Code Title 9 "Business Regulations "; adding new Chapter 9 -4 entitled "Massage Establishments "; regulating massage establishments; establishing licensing requirements and related fees; establishing requirements for massage establishment facilities; designating unlawful activities and establishing criminal penalties for violations; and designating an effective date Resolution No. 2011 -15 Relating to Business Regulations; declaring the amendments to Marana Town Code Title 9 "Business Regulations ", adding new Chapter 9 -4 entitled "Massage Establishments ", regulating massage establishments, establishing licensing requirements and related fees, establishing requirements for massage establishment facilities, designating unlawful activities and establishing criminal penalties for violations, as a public record filed with the Town Clerk (Jane Fairall) C 2: Ordinance N 2011.02: Relating to Finance; amending the Town of Marana comprehensive fee schedule; and designating an effective date (Jane Fairall) C3: Resolution No. 2011 -16: Relating to Technology Services; approving and authorizing the Mayor to execute a Second Amendment to Beacon Hill Communications Site Lease with the Estate of Irene Welter, deceased and a First Amendment to Beacon Hill Telecommunications Site Sublease Agreement with Simply Bits, LLC (Jane Fairall) C 4: _ Resolution No. 20 11-IT-Relating to Administration; approving an administrative directive regarding the use of the Town of Marana's electronic technology by members of the public (Jane Fairall) C 5: Resolution No. 2011 -18: Relating to Right of Way; approving and authorizing the request by Trico Electric Cooperative, Inc., to submit its franchise renewal to the Marana voters at the general election to be held May 17, 2011 (Cedric Hay) C 6: Ordinance No. 20 11.03_ Relating to Administration; amending Marana Town Code Title 3 "Administration," amending sections 3 -1 -2, 3 -1 -3, 3 -2 -3, 3 -2 -4, 3 -2 -5, 3 -2 -8, 3 -2 -9, 3 -2 -10 and 3 -2 -11 and adding section 3 -2 -14; revising positions appointed by, removed by and reporting to the town manager, deputy town manager, assistant town manager or general manager; updating certain position responsibilities to conform to current functions; changing the name of the position of special projects administrator to special projects manager; adding the unclassified position of director of strategic initiatives; and declaring an emergency Resolution No. 2011 -19 Relating to Administration; declaring the amendments to Marana Town Code Title 3 "Administration," amending sections 3 -1 -2, 3 -1 -3, 3- 2-3, 3 -2 -4, 3 -2 -5, 3 -2 -8, 3 -2 -9, 3 -2 -10 and 3 -2 -11 and adding section 3 -2 -14, revising positions appointed by, removed by and reporting to the town manager, deputy town manager, assistant town manager or general manager, updating certain position responsibilities to conform to current functions, changing the name of the position of special projects administrator to special projects manager, and adding the Regular Council Meeting - February 15, 2011 - Page 3 of 156 unclassified position of director of strategic initiatives, as a public record filed with the town clerk (Suzanne Machain) C 7: _R esolution No. 2011 -20: Relating to Community Development; authorizing the Town Manager to apply for grant funding from the Governor's Office of Highway Safety under the Highway Safety Program (23 U.S.C. Section 402) to support the Marana Police Department's purchase of new motorcycle units and participation on the Southern Arizona DUI Task Force (T VanHook) C 8: Resolution No. 2011 -21: Relating to Community Development; authorizing the execution of an intergovernmental agreement with the Arizona Department of Transportation for the completion of the Santa Cruz River Shared Use Path (T VanHook) C 9: Res olution No. 2011 -22: _Relating to Community Development; approving and authorizing extensions to intergovernmental agreements with the City of Tucson and the Regional Transportation Authority of Pima County for sharing of costs involved in the provision of public transit services to the Town of Marana for fiscal year 2010 -2011 (T VanHook) C 10: Minutes of the January 25, 2011 study session and February 1, 2011 regular council meeting LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION A 1: PUBLIC HEARING: Ordinance No. 2011.04: Relating to Land Development; temporarily amending Marana Land Development Code Title 6 (subdivisions), Section 06.02.02.D, concerning the expiration of approved preliminary plats; and establishing an effective date (Lisa Shafer) A 2: PUBLIC HEARING: Ordinance No. 2011.05: Relating to Land Development; amending Marana Land Development Code Title 16 (Signs) by modifying Section 16 -14 -26 (Off - Premise Location Sign); and establishing an effective date Resolu No. 2011 -23 Relating to Development; declaring the amendments to Marana Land Development Code Title 16 (Signs) modifying section 16 -14 -26 (Off - Premise Location Sign) as a public record filed with the Town Clerk (Lisa Shafer) A 3: Ordinance No_ 201 1.06: Relating to Community Development; establishing an Affordable Housing Program to support the preservation and development of affordable housing for qualified individuals and families; and declaring an emergency (T VanHook) A 4: Ordinance N 2011.07: Presentation: Relating to Development; repealing a section of Ordinance 2006.12 that granted an affordable housing impact fee waiver for areas designated as colonias; and declaring an emergency (Keith Brann) A 5: Resolution No. 2011 -24: Relating to Community Development; amending Resolution No. 98 -21 to designate Adonis, a Neighborhood within the Town of Regular Council Meeting - February 15, 2011 - Page 4 of 156 Marana, as a colonia (T VanHook) A 6: Resolution No. 2011 -25: Relating to Community Development; amending Resolution No. 98 -21 to designate Berry Acres, a Neighborhood within the Town of Marana, as a colonia (T VanHook) A 7: Resolution No. 2011-2 Relating to Community Development; amending Resolution No. 98 -21 to designate Honea Heights, a Neighborhood within the Town of Marana, as a colonia (T VanHook) A 8: Resolution No. 2011 -27: Relating to Community Development; amending Resolution No. 98 -21 to designate Marana Estates, a Neighborhood within the Town of Marana, as a colonia (T VanHook) A 9: Resolution No. 2011 -28: Relating to Community Development; amending Resolution No. 98 -21 to designate Marana Vista, a Neighborhood within the Town of Marana, as a colonia (T VanHook) A 10: Resolution No. 2 011_29: Relating to Community Development; amending Resolution No. 98 -21 to designate Price Lane, a Neighborhood within the Town of Marana, as a colonia (T VanHook) A 11: Res No. 2011 -30. Relating to Community Development; amending Resolution No. 98 -21 to designate Yoem Pueblo /Sandario Road, a Neighborhood within the Town of Marana, as a colonia (T VanHook) ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Relating to Mayor and Council; discussion and possible action to set the date of the second regular Town Council meeting in May (Jocelyn C. Bronson) D 2: Legi slative/Intergovernmental Report: 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, Regular Council Meeting - February 15, 2011 - Page 5 of 156 Title 2, Chapter 2 -4, Section 2 -4 -2 B) ADJOURNMENT Regular Council Meeting - February 15, 2011 - Page 6 of 156 IF \ may\ ARM \ \\ \ Shot Opr km �\ \ a P �� �� - a uz - - \ \\` a \ ti \ \ \ \ \�\ she \ T!M \ ,, \ vA\v\\\\,AA�vAvy iV v W - ` �/ a v in a a^ v 01, �� v In hors6i — FROM C \\ \ nerd h� \ Y ` \ � -20 � \ o. 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CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, February 15, 2011, 7:00:00 PM To: Mayor and Council Item C 1 From: Jane Fairall , Deputy Town Attorney Strategic Plan Focus Area: Not Applicable Subject: _Ord inance No. 2011.01: Relating to Business Regulations; amending the Marana Town Code Title 9 "Business Regulations "; adding new Chapter 9 -4 entitled "Massage Establishments "; regulating massage establishments; establishing licensing requirements and related fees; establishing requirements for massage establishment facilities; designating unlawful activities and establishing criminal penalties for violations; and designating an effective date Resolution No. 2011 -15 Relating to Business Regulations; declaring the amendments to Marana Town Code Title 9 "Business Regulations ", adding new Chapter 9- 4 entitled "Massage Establishments ", regulating massage establishments, establishing licensing requirements and related fees, establishing requirements for massage establishment facilities, designating unlawful activities and establishing criminal penalties for violations, as a public record filed with the Town Clerk Discussion: This proposed ordinance was first presented to the Town Council for discussion and direction at its February 1, 2011, meeting. The Council directed staff to bring the ordinance back at tonight's meeting for adoption. Previously, the Town Code included a chapter which regulated massage therapists and establishments. However, the State of Arizona assumed regulatory control over massage therapists and the Council repealed the massage business provisions of the Town Code in 2005 in order to avoid conflict with state law. The proposed ordinance will fill the gap created by the 2005 repeal without conflicting with state law. The purposes of the proposed ordinance are to enhance the professionalism of the massage service industry in the Town, protect the health and safety of the Town's citizens and reduce unprofessional practices. The ordinance establishes licensing requirements for both massage establishments and managers of those establishments. The licenses must be renewed each year. Applicants for licenses will be required to provide fingerprints for standard criminal history background checks which will be conducted by the Police Department. The ordinance also provides for criteria under which a license may be denied, suspended, revoked or non - renewed. In addition, the proposed ordinance provides specific requirements regarding the massage Regular Council Meeting - February 15, 2011 - Page 8 of 156 establishment facilities. For example, the ordinance provides signage, indoor lighting and sanitary equipment regulations. The ordinance also provides that representatives of the police department, any other Town department, and any other federal, state or county agency may inspect the establishment when it is lawfully occupied or open for business to enforce the ordinance, a statute or a regulation relating to human health, safety or welfare or structural safety. The ordinance also designates activities which are unlawful within the business. These include operating without the appropriate licenses, operating between the hours of 12:00 midnight and 6:00 a.m., engaging in any sexual conduct or inappropriate touching, and using the business as living or sleeping quarters, among other activities. Any violation of the ordinance would be classified as a class one misdemeanor which, pursuant to state law, is punishable by up to six months in jail, $2,500 in fines and three years of probation. ATTACHMENTS: Name: Description: Type: O Ord.—adding—Ch. 9- 4_ Massage_Establishments to_ Title _9_ Ordinance Ordinance (00025046). DOC D Reso declaring_changes to Title_9_a _public record_ (00025047).DOC Resolution Resolution D Massage_ Establishment_ Ordinance_(00021453 6).., Q Exhibit A Exhibit Staff Recommendation: Staff recommends adoption of the Massage Establishment ordinance. Commission Recommendation - if applicable: The Police Citizen Advisory Commission recommended approval of the proposed massage establishment ordinance by unanimous vote on November 9, 2010. The Business and Economic Development Citizen Advisory Commission recommended approval of the proposed massage establishment ordinance by unanimous vote on October 26, 2010. Suggested Motion: I move to adopt Ordinance No. 2011.01, amending the Marana Town Code Title 9 'Business Regulations" by adding new Chapter 9 -4 entitled "Massage Establishments" and Resolution No. 2011 -15, declaring the amendments to the Marana Town Code Title 9 a public record. Regular Council Meeting - February 15, 2011 - Page 9 of 156 MARANA ORDINANCE NO. 2011.01 RELATING TO BUSINESS REGULATIONS; AMENDING THE MARANA TOWN CODE TITLE 9 `BUSINESS REGULATIONS "; ADDING NEW CHAPTER 9 -4 ENTITLED "MASSAGE ESTABLISHMENTS"; REGULATING MASSAGE ESTABLISHMENTS; ESTABLISHING LICENSING REQUIREMENTS AND RELATED FEES; ESTABLISHING REQUIREMENTS FOR MASSAGE ESTABLISHMENT FACILITIES; DESIGNATING UNLAWFUL ACTIVITIES AND ESTABLISHING CRIMINAL PENALTIES FOR VIOLATIONS; AND DESIGNATING AN EFFECTIVE DATE WHEREAS the Town is authorized by A.R.S. § 32 -4258 to adopt and enforce regulations affecting the establishments, locations and settings in which individuals, entities and businesses engage in the practice of massage therapy; and WHEREAS the Town Council finds that the regulations established by this ordinance are necessary for the public health, safety and general welfare of the Town of Marana. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. The amendments to the Marana Town Code Title 9 "Business Regulations ", adding Chapter 9 -4 entitled "Massage Establishments ", 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. 2011 -15 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. The following penalty clauses are contained in Chapter 9 -4 as added to the Marana Town Code pursuant to this ordinance: Section 9-4-4 Classification; continuing violations; effect of revocation or suspension on prosecution A. Whenever in this chapter any act is prohibited or declared to be unlawful or the doing of any act is required or the failure to do any act is declared to be unlawful, the violation of that provision is a class one misdemeanor. B. Each day any violation continues shall constitute a separate offense. C. Revocation or suspension of a license shall not be a defense against prosecution. RegulgM f V02 (jj %ruary 15, 2011 - Page 10 of 156 _ 1 _ 100025046.DOC /} SECTION 3. The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance. SECTION 4. All ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the Council in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance. SECTION 5. 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 6. This ordinance shall become effective on the thirty -first day after its adoption; however, those entities regulated by this ordinance shall have 90 days from the effective date to come into compliance with the provisions of the ordinance. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15' day of February, 2011. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regu%p@VMdftVVg 15, 2011 - Page 11 of 156 -2- {00025046.DOC /} MARANA RESOLUTION NO. 2011-15 RELATING TO BUSINESS REGULATIONS; DECLARING THE AMENDMENTS TO MARANA TOWN CODE TITLE 9 `BUSINESS REGULATIONS ", ADDING NEW CHAPTER 9 -4 ENTITLED "MASSAGE ESTABLISHMENTS ", REGULATING MASSAGE ESTABLISHMENTS, ESTABLISHING LICENSING REQUIREMENTS AND RELATED FEES, ESTABLISHING REQUIREMENTS FOR MASSAGE ESTABLISHMENT FACILITIES, DESIGNATING UNLAWFUL ACTIVITIES AND ESTABLISHING CRIMINAL PENALTIES FOR VIOLATIONS, 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 the Marana Town Code Title 9 "Business Regulations," adding Chapter 9 -4 entitled "Massage Establishments ", 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, is 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 15`" day of February, 2011. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regular Council Meeting - February 15, 2011 - Page 12 of 156 {00025047.DOC /} EXHIBIT A TO MARANA RESOL UTION NO. 2011 -I5 Amendment to the Marana Town Code, Title 9 "Business Regulations, " addition of Chapter 9 -4 "Massage Establishments "pursuant to Marana Ordinance No. 2011.01 SECTION 1. Title 9 "Business Regulations" of the Marana Town Code is hereby revised by adding new Chapter 9 -4, as follows: CHAPTER 9-4 MASSAGE ESTABLISHMENTS Section 9-4 -1 Purpose and intent It is the purpose and intent of this chapter to enhance the professionalism of the massage service industry, to protect the health and safety of the public and to assure the integrity of the massage service industry by reducing unprofessional practices. Section 9-4 -2 Definitions The following definitions shall apply throughout this chapter unless the context clearly indicates otherwise. A. "Applicant" means a person who applies for a manager license or a massage establishment license. B. "Client" means an individual who enters into an agreement for massage therapy for a fee, income or compensation of any kind. C. "Controlling person" means any individual who has a twenty percent (20 %) or greater interest in the ownership or the earnings of the business. D. "Designated agent" means the individual designated by the applicant who will be the responsible party to receive town notices pursuant to this chapter. E. "Employ" means to hire, or to engage or authorize the services of, without regard to compensation, any individual, on a full -time, part-time, or contract basis, whether or not the person employed, hired or engaged is designated an employee, independent contractor, or sublessee. F. "Employee" means any person who performs any service at a massage facility on a full -time, part-time or contract basis, whether or not the person is designated an employee, independent contractor, or sublessee. Employee does not include a person exclusively at the massage facility for repair or maintenance of the massage facility or for the delivery of goods to the licensee. G. "Knowingly" means with respect to conduct or a circumstance described by this chapter, that a person is aware or believes that his or her conduct is of that nature or that the circumstance exists. It does not require any knowledge of the unlawfulness of the act or omission. H. "Licensee" means the person who receives a massage establishment license or manager license, and in whose name a license has been issued by the license inspector pursuant to this chapter. I. "Manager' means an individual authorized by the massage establishment licensee to exercise overall operational control of the business, to supervise Regular Council MROW3 WPM 15, 2011 - Page 13 of 156 1 JHF 212111 employees, or to fulfill any of the functions required of a manager by this chapter. K. "Massage or touching techniques" means any of the following named subjects and methods of treatment intended for use upon or in connection with the human body: oil rubs; alcohol rubs; salt glows; hot or cold packs; tub, shower, table or cabinet baths; herbal wraps; and touching procedures upon the external parts of the body by use of the hands, forearms, elbows, knees or feet, or by any electrical, mechanical or vibratory apparatus, including stroking, friction, kneading, rolling, vibrating, cupping, petrissage, rubbing, effleurage and tapotement. L. "Massage establishment" means any place of business or establishment where any of the subjects or methods of treatment listed in paragraphs K or N are administered, practiced or used, or from which is dispatched a person for the purpose of administering, practicing or using any of the subjects or methods of treatment listed in paragraphs K or N. M. "Massage therapist" means a person who is licensed pursuant to Chapter 42 of Title 32 of the Arizona Revised Statutes to engage in the practice of massage therapy. N. "Massage therapy" means any of the following that are undertaken to increase wellness, relaxation, stress reduction, pain relief and postural improvement, or provide general or specific therapeutic benefits: 1. The manual application of compression, stretch, vibration or mobilization of the organs and tissues beneath the dermis, including the components of the musculoskeletal system, peripheral vessels of the circulatory system and fascia, when applied primarily to parts of the body other than the hands, feet and head. 2. The manual application of compression, stretch, vibration or mobilization using the forearms, elbows, knees or feet or handheld mechanical, electrical, water or vibratory devices. 3. Any combination of range of motion, directed, assisted or passive movements of the joints. 4. Hydrotherapy, including, but not limited to tub, shower or cabinet baths, and the application of water, hot and cold packs or wraps. O. "Person" means a corporation, firm, partnership, association, organization and any other group acting as a unit, as well as an individual. It includes a trustee, receiver, an assignee, or similar representative. P. "Private anatomical areas" means the genitals, perineum and anal region of any person and the area of the breast that includes the areola and the nipple of any female person. Section 9-4 -3 Duties of license inspector; appeals A. It shall be the duty and responsibility of the town's license inspector, described in section 9 -1 -6, to administer the provisions of this chapter. Pursuant to this Regular Council MOON53 W &M 15, 2011 - Page 14 of 156 2 duty, the license inspector shall issue, renew, deny, suspend, or revoke massage establishment licenses or manager licenses as required by this chapter. B. Any party aggrieved by a decision of the license inspector under this chapter may request a hearing as provided in sections 9 -1 -10 and 9 -1 -11. Section 9-4-4 Classification; continuing violations; effect of revocation or suspension on prosecution A. Whenever in this chapter any act is prohibited or declared to be unlawful or the doing of any act is required or the failure to do any act is declared to be unlawful, the violation of that provision is a class one misdemeanor. B. Each day any violation continues shall constitute a separate offense. C. Revocation or suspension of a license shall not be a defense against prosecution. Section 9-4 -5 Massage therapist license required It is unlawful for any person to practice or in any manner to claim to practice massage therapy without first obtaining and maintaining in effect a current, unrevoked and unsuspended massage therapist license as required by Arizona revised statutes. Section 9-4 -6 Massage establishment license required; exclusions A. It is unlawful for any person to conduct or operate a massage establishment without first obtaining and maintaining in effect a current, unrevoked and unsuspended massage establishment license as required by this chapter. B. It is unlawful for any person licensed as provided in this chapter to operate under any name or conduct business under any designation not specified in the license. C. It is unlawful for any massage establishment licensed as provided in this chapter to conduct business at any location not specified in the license. D. The provisions of paragraph A shall not apply to a place of business or establishment where all persons offering massage or touching techniques or massage therapy are licensed as either a barber, aesthetician, cosmetologist, or nail technician pursuant to Arizona revised statutes, and who practice within the scope of that person's license. Section 9-4 -7 Manager license required It is unlawful for any person to exercise overall operational control of a massage establishment, to supervise employees, or to fulfill any of the functions required of a manager by this chapter without first obtaining and maintaining in effect a current, unrevoked and unsuspended manager license as required by this chapter. Regul j6 @Na9j "Wip@ February 15, 2011 - Page 15 of 156 -3- Section 9-4 -8 New license application; fees A. Any person desiring to obtain a massage establishment or manager license shall apply to the license inspector on the form provided by the license inspector for that purpose. The license inspector shall refer the application to the police department for appropriate investigation. B. Each application shall be accompanied by a non - refundable application fee and a first year license fee as set forth by a fee schedule approved by the council and amended from time to time. If a license application is denied, the first year license fee will be refunded to the applicant. C. In addition to the fees required by paragraph B, each applicant, controlling person and designated agent for a massage establishment license and each applicant for a manager license shall pay the license inspector the fee established by the director of the Arizona department of public safety for the processing of fingerprints pursuant to this chapter and A.R.S. § 41 -1750. This fee shall be paid for each person required to submit fingerprints pursuant to this chapter. Section 9-4 -9 Massage establishment license application; separate license; husband and wife A. Each application for a massage establishment license shall consist of, as applicable, the following: 1. The full legal name, business name, business phone number, legal form of applicant, current residential phone number and current residence or legal address of the applicant. 2. Physical description and date and place of birth of the applicant. 3. Any other names by which the applicant has been known. 4. The address at which the applicant desires to do business. 5. The applicant's mailing address for purposes of receiving town notices and other licensing correspondence relating to the applicant, the licensee, or the enforcement of this chapter. 6. The business hours for the establishment. 7. All residence addresses for the five -year period prior to the date of application and the dates of residence at each. 8. The name or names of all managers and the designated agent. 9. The name or names of all controlling persons. 10. Applicant's business, occupation and employment history for the five -year period immediately preceding the date of application, including addresses and dates of employment. 11. Written proof, in the form of a current driver's license with picture, or other current picture identification document issued by a governmental agency, that the applicant has reached the age of 18 years. Regul jb@Ng9j 1HWp @r February 15, 2011 - Page 16 of 156 -4- 12. The business license history of the applicant; whether the applicant, while operating in this or another city or state under license, has had a previous license revoked or suspended, the reason for the revocation or suspension, and the business activity or occupation subsequent to the suspension or revocation. 13. All felony and misdemeanor convictions, excluding those for civil traffic offenses, and the grounds for each conviction. 14. The applicant's full set of fingerprints on a standard fingerprint card, recorded by the police department. 15. The articles of incorporation, articles of organization, or certificate of limited partnership, together with any amendments, for the applicant, as applicable. 16. A list of services to be offered by the massage establishment. 17. A clearly legible sketch or diagram showing the configuration of the overall business premises. The sketch or diagram need not be professionally prepared but shall be drawn on one page measuring 8 1/2 inches by 11 inches with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches. For purposes of this subparagraph, a "wall" shall include any interior barrier, including transparent glass that extends more than fifty -four inches from the level of the finished floor. The sketch shall include the following: a. The location of all interior doors, walls, curtains and room dividers. b. A description of the use of each interior space or room, including a designation, by type of use, of each room or space available for massage or touching techniques or massage therapy by the applicant. c. A designation of each room or space that is being, or is intended to be, leased, subleased or licensed for use by any person other than the applicant and a description of its intended and actual use. d. A designation of each room or space that is being, or is intended to be, leased, subleased, or licensed for use by any person other than the applicant for purposes of offering massage or touching techniques or massage therapy and a description of its intended and actual use. e. The location of the business license required to be displayed pursuant to this chapter. 18. One digital photograph of the applicant taken by the license inspector or designee at the time of application. 19. Any other identification and information the license inspector may require. B. A separate license shall be required for each room or space on the business premises of a massage establishment that has been designated pursuant to this section as available for lease, sublease or license by any other person, and is otherwise required to be licensed as a massage establishment pursuant to this chapter. Regulj6@T{a!A MWip@ February 15, 2011 - Page 17 of 156 5 C. A single license shall be issued to an applicant that consists of a husband and wife. Section 9-4 -10 Manager license application Each application for a manager license shall consist of the following: A. Full legal name, physical description, and date and place of birth. B. Any other names by which the applicant has been know. C. Current residence address, mailing address and telephone number. D. All residence addresses for the five -year period immediately prior to the date of application and the dates of residence at each. E. Employment history for the five -year period preceding the date of application with dates and addresses for each. F. Written proof, in the form of a current driver's license with picture, or other current picture identification document issued by a governmental agency, that the applicant has reached the age of 18 years. G. All felony and misdemeanor convictions, excluding those for civil traffic offenses, and the grounds for each conviction. H. The business license history of the applicant; whether the applicant, while operating in this or another city or state under license, has had a previous license revoked or suspended, the reason for the revocation or suspension, and the business activity or occupation subsequent to the suspension or revocation. I. One digital photograph of the applicant taken by the license inspector or designee at the time of application. J. The applicant's full set of fingerprints on a standard fingerprint card, recorded by the police department. K. Any other identification and information as the license inspector may require. Section 9-4 -11 Additional application requirements A. No license shall be issued to an individual if the individual does not present one or more of the following documents as requested by the license inspector indicating that the individual's presence in the United States is authorized under federal law and complies with the Arizona Legal Workers Act: 1. An Arizona driver's license issued after 1996 or an Arizona non - operating identification license. 2. A driver license issued by a state that verifies lawful presence in the United States. 3. A birth certificate or delayed birth certificate issued in any state, territory or possession of the United States. 4. A United States certificate of birth abroad. Reguljb @Na9j } - February 15, 2011 - Page 18 of 156 6 5. A United States passport. 6. A foreign passport with a United States visa. 7. An 1 -94 form with a photograph. 8. A United States Citizenship and Immigration Services employment authorization document or refugee travel document. 9. A United States certificate of naturalization. 10. A United States certificate of citizenship. 11. A tribal certificate of Indian blood. 12. A tribal or Bureau of Indian Affairs affidavit of birth. B. This section does not apply to an individual, if all of the following apply: 1. The individual is a citizen of a foreign country or, if at the time of application, the individual resides in a foreign country. 2. The benefits that are related to the license do not require the individual to be present in the United States in order to receive those benefits. Section 9-4 -12 License application investigation; authority to receive criminal history record information; use of criminal history record information A. Any applicant for a massage establishment license or a manager license issued pursuant to this chapter shall personally appear at the office of the license inspector and shall present the application containing the information required by this chapter. B. The police department shall have a reasonable time within which to investigate the application and background of the applicant, controlling persons and manager. Based on the investigation, the police department shall recommend to the license inspector approval or denial of the license. C. Pursuant to A.R.S. § 41 -1750, the town is hereby authorized to receive criminal history record information for the purpose of evaluating the fitness of current and prospective massage establishment licensees, including applicants, controlling persons and designated agents, and current and prospective massage establishment manager licensees. D. Pursuant to A.R.S. § 41 -1750 and Public Law 92 -544, the town shall submit all fingerprints obtained pursuant to this chapter to the Arizona department of public safety for the purpose of obtaining state and federal criminal history record information. The Arizona department of public safety is authorized to exchange this fingerprint data with the federal bureau of investigation. E. Criminal history record information obtained by the town pursuant to this chapter shall be used only for the purpose of evaluating the fitness of current and prospective massage establishment licensees, including applicants, controlling persons and designated agents, and current and prospective massage establishment manager licensees. The town shall comply with all Regul jb@Tyq9j IMWp@ February 15, 2011 - Page 19 of 156 7 relevant state and federal rules and regulations regarding the dissemination of criminal history record information. Section 9-4 -13 License renewal A. Within one year of the issue date for the previously effective license, all licensees under this chapter wishing to remain licensed shall apply for renewal on a form established by the license inspector. The renewal form must be submitted at least 60 days prior to the renewal date with the applicable renewal fee, as set forth in the fee schedule approved by the council and amended from time to time. For a massage establishment license renewal, the license must submit a current listing of massage therapists working at the establishment, and each massage therapist's Arizona state license number with date of license expiration. The license inspector is authorized to obtain necessary information to update the original license application and to determine whether the license should be renewed. No license shall be renewed unless the licensee complies with all provisions of this chapter. B. A licensee who fails to apply for renewal at least 60 days prior to the renewal date shall be subject to a late renewal penalty fee in accordance with the fee schedule approved by the council and amended from time to time. If the licensee fails to start the renewal process at least 30 days prior to the license renewal date, the license shall expire and become null and void. Licensees who fail to apply to renew their license yet who wish to continue operating or managing massage establishments must file a new application for license and may not operate or manage a massage establishment until a new license has been issued. Section 9-4 -14 Denial, suspension, revocation or nonrenewal of license A. The license of a massage establishment or license of a manager may be denied, revoked, suspended, or denied renewal upon any one or more of the following grounds: 1. The applicant, licensee or controlling person is guilty of fraud in conducting the business of a massage establishment or of fraud or deceit in obtaining a license. 2. The applicant, licensee or controlling person has been convicted within the past five years in a court of competent jurisdiction of a felony or misdemeanor offense having a reasonable relationship to the functions of a massage establishment or a massage therapist. 3. The applicant, licensee or controlling person has been convicted within the last five years of any offense proscribed by title 13, chapters 14, 32, and 35.1 of the Arizona Revised Statutes, or any offense committed outside this state or town that if committed in this state or town would constitute a violation of any offense proscribed by title 13, chapters 14, 32, and 35.1 of the Arizona Revised Statutes. 4. The applicant, licensee or controlling person is guilty of untrue, fraudulent, misleading, or deceptive advertising. Regu1 jt @Ngrgi} MMip®} February 15, 2011 - Page 20 of 156 8 5. The applicant, licensee or controlling person is engaged in the business of massage therapist, manager, or massage establishment under a false or assumed name, or is impersonating another therapist or manager of a like or different name. 6. The applicant, licensee or controlling person has violated any of the provisions of this chapter. This paragraph shall apply regardless of the location at which the violation occurred. 7. In the case of a massage establishment, any person who did not qualify as a controlling person at the time the license was issued has acquired a 20% or greater interest in the licensee. 8. In the case of a massage establishment, the massage establishment has operated at a location that has not been licensed for use by the town. 9. In the case of a massage establishment, the applicant or licensee has ceased to use the license for purposes of offering massage therapy. The failure to offer massage therapy at a massage establishment for 30 consecutive days shall create a rebuttable presumption that the applicant has ceased to use the license for purposes of offering massage therapy. 10. In the case of a massage establishment, the applicant or licensee has failed to maintain in the records of the license inspector the name of an individual as a designated agent. 11. The applicant, licensee, manager or designated agent has photographed a customer while the customer was on the premises of a massage establishment and located within any treatment room, restroom, locker room or dressing room, without the express, written permission of that customer. For purposes of this subparagraph the word "photographed" shall mean the use of any electronic or mechanical device to record, reproduce or transmit an optical image. 12. The applicant, licensee or controlling person knows or should have known that prostitution, indecent exposure or pornographic acts are occurring or have occurred in the operation of the massage establishment. 13. The license application was falsified. 14. The applicant, licensee or a controlling person has an outstanding warrant for his or her arrest. 15. The applicant was a controlling person for a massage establishment license that was revoked within the previous five years for an act or acts that occurred while the controlling person was a controlling person for the licensee. B. The massage establishment license shall be denied if any of the following persons would be disqualified under this chapter: 1. The president or other executive officers of a corporate applicant; 2. Each general partner of an applicant that is a limited partnership or any partner of a non - limited partnership applicant; Regu1j6 @Nq9 j . jj ip@ February 15, 2011 - Page 21 of 156 9 3. The managing member, officer or employee of the applicant; 4. Any controlling person of the applicant. Section 9-4 -16 Application after denial No applicant may apply for a license within one year of the date of a denial, suspension, revocation or nonrenewal of the applicant's license, unless the cause of the denial, suspension, revocation, or nonrenewal has been remedied to the satisfaction of the license inspector. Section 9-4 -16 Change of location; change of services offered, configuration of premises, business hours, mailing address, manager or designated agent A. Notwithstanding any other provision of this chapter, a massage establishment shall not be operated or maintained at a location that has not been approved by the license inspector. A change of location of a massage establishment shall be approved by the license inspector if the applicant is in compliance with all town ordinances and regulations, completes the appropriate location change application and submits a fee as set forth by a fee schedule approved by the council and amended from time to time. B. A massage establishment shall not change the services it offers, the use or configuration of its premises, its business hours, its mailing address or its manager or designated agent without first providing notice of the change to the license inspector on the form prescribed by the license inspector for that purpose. C. Except as otherwise provided in this chapter, any change listed in this section shall be submitted to the license inspector within ten calendar days of the change. Section 9-4 -17 Inspection of massage establishments An applicant for a massage establishment license, a controlling person for a licensee, a manager, or a licensee shall permit representatives of the police department, any other town department and any other federal, state or county agency in the performance of any function connected with the enforcement of this chapter or any code, statute or regulation relating to human health, safety or welfare or structural safety, normally and regularly conducted by the agency, to inspect the premises of a massage establishment for the purpose of ensuring compliance with the law at any time it is lawfully occupied or open for business. The inspection authorized by this section shall be limited to: A. All areas of the premises available to patrons, provided that no inspection shall be done of a room occupied by a patron until the patron has been given a reasonable opportunity to dress, gather his or her personal effects and exit the room. B. All dressing, toilet, bathing and wash basin facilities. C. Any location used to disinfect and sterilize equipment. D. Any location used to store linens. Regu1 jb @Nq9iA MWip@ February 15, 2011 - Page 22 of 156 10 Section 9-4 -18 Massage establishment special requirements A massage establishment licensee shall comply with the following requirements and no massage establishment license shall be issued unless inspection by a town department or, where appropriate, a federal, state or county agency indicates that the site of the establishment complies with each of the following requirements: A. A readable sign shall be permanently affixed at the main entrance to the business identifying the business as a massage establishment. B. Lighting of ten foot candles, measured at a height of 30 inches at the approximate center of the room or enclosure, shall be provided in each room or enclosure where services are performed on patrons. C. Ventilation shall be provided in accordance with title 7 of the town code. D. Adequate equipment shall be provided for disinfecting and sterilizing instruments used in administering or practicing any of the subjects or methods of treatment administered or practiced by the establishment. E. Hot and cold running water, tempered by means of a mixing valve faucet, shall be provided at all times. F. Closed cabinets shall be provided, and used, for the storage of clean linens. G. Notwithstanding any other requirement of this chapter, a minimum of one shower or tub shall be provided for any establishment offering any hydrotherapy services including whirlpool baths, saunas, steam baths, and herbal wraps. H. Any pool or spa shall be issued a permit and inspected as required by the Marana pool and spa code. I. All walls, ceilings, floors, showers, bathtubs, steam rooms, and all other physical facilities within the establishment must be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms or cabinets, toilets and wash basins shall be thoroughly cleaned each day business is in operation. Shower compartments and bathtubs, where provided, shall be thoroughly cleaned after each use. J. Clean and sanitary sheets and towels shall be provided for each patron of the establishment. The head rest of each table shall be provided with a clean and sanitary covering for each patron. K. All wash basins within an establishment shall: have hot and cold running water, tempered by means of a mixing valve faucet; provide sanitary towels placed in permanently installed dispensers or upon a permanently attached roll dispenser; and provide soap in a soap dispenser that is placed on or near the wash basin. A hand wash basin shall be provided in each treatment room providing hydrotherapy services, including whirlpool baths, saunas, steam baths and herbal wraps. Regu1I6@{r 9J "Wip@ February 15, 2011 - Page 23 of 156 1 1 Section 9-4 -19 Unlawful activities; definition; duty of manager A. It is unlawful: 1. For any person to knowingly employ any other person to offer massage therapy who does not hold a current, unrevoked and unsuspended massage therapy license issued by the state of Arizona. 2. To employ a massage therapist whose true name and state - issued massage therapist license number has not been previously provided to the license inspector on the form prescribed by the license inspector for that purpose. 3. For any person to knowingly employ at a massage establishment a manager who has been convicted within the previous five years of any of the offenses listed in section 9- 4- 14.A.2 or A.3. 4. For any person to offer massage or touching techniques or massage therapy in any room or space of the business that has not been specifically identified as a room or space available for those services on the sketch or diagram required to be submitted to the license inspector pursuant to this chapter. 5. For any person to offer massage or touching techniques or massage therapy in a room or space designated as leased, subleased or licensed for use by any other person on the sketch or diagram required to be submitted to the license inspector pursuant to this chapter. 6. For any massage establishment to remain open for business, to provide services, to dispatch massage therapists, or to permit massage therapists to work off the premises on behalf of that massage establishment at any time between the hours of 12:00 midnight and 6:00 A.M. 7. For any massage establishment to be open for business during hours that have not been provided to the license inspector as required by this chapter. 8. Except as provided in this chapter, to employ any person to act as a manager at any massage establishment who is not licensed as a manager pursuant to this chapter. 9. For any person to knowingly conduct or operate a massage establishment on the same business premises, whereon is also conducted or operated a sexually oriented business as defined in title 9 of the town code, or a bar, cocktail lounge, photography studio, model studio, art studio, motion picture studio/theater or telephone answering service. 10. For any person, while on the premises of a massage establishment, to knowingly provide or offer to provide any service: a. In a manner or under circumstances intended to arouse, appeal to or gratify sexual desires. b. In such a manner that the person touches the private anatomical areas of the individual receiving the treatment. Regu1gb @Nq9j HWp@ February 15, 2011 - Page 24 of 156 12 c. While the person providing the treatment is clothed in a manner that fails to cover his or her private anatomical areas with an opaque material. 11. For any person on the premises of a massage establishment to intentionally view a completely or partially disrobed massage establishment client if the viewing is not related to treatment under current practice standards and is intended to appeal to the prurient interest of the massage therapist or the massage establishment client. 12. For any person, while on the premises of a massage establishment, to knowingly ask or direct a patron to: a. Touch his or her own anus, genitals or breasts. b. Touch the anus, genitals or breasts of any person on the premises. c. Expose his or her genitals, anus or breasts to any person on the premises with the intention of appealing to the prurient interest of the massage therapist or the massage establishment client. 13. For any person, while on the premises of a massage establishment, to knowingly place any part of the body of a patron in direct or indirect contact with the anus, genitals or breasts of any other person on the premises. 14. For any person, while on the premises of a massage establishment, to knowingly offer a patron any service in exchange for a gratuity or compensation of any description, that does not appear on the schedule of services required by this chapter. 15. For any person to knowingly operate or maintain a massage establishment at a location that has not been licensed by the license inspector. 16. For any person to knowingly use a massage establishment as living or sleeping quarters. 17. For any person to knowingly provide the services of a manager to a massage establishment without a manager license. B. For purposes of this section, the word "touch" shall include physical contact that occurs through clothing or by means of any object. C. A manager shall not knowingly fail to ensure that a massage establishment at which he or she is employed is in compliance with the provisions of this section. Section 9-4 -20 Display of license; update, retention and inspection of records A. Every on duty person to whom a massage establishment license, massage therapist license or manager license has been granted shall display the license along with the corresponding photograph taken by the license inspector in a conspicuous place upon the business premises that is clearly ReguIIb @Nq 1AWp @y February 15, 2011 - Page 25 of 156 13 visible to the general public upon entry to the business. All massage therapists shall produce their license and produce a government- issued identification document upon request from an authorized agent conducting an inspection pursuant to this chapter. B. A massage establishment shall report the name of any person whose employment at the massage establishment has terminated to the license inspector within ten calendar days after termination. C. A massage establishment shall maintain records for each massage therapist employed by that massage establishment on the business premises for a period of 90 days after the date of last employment of each massage therapist. These records shall include: 1. A copy of the state - issued massage therapist license. 2. For every massage therapist who does not possess a state - issued massage therapist license that bears a photograph of the licensee, a clearly - legible copy of a current picture identification document issued by a governmental agency or such other identification as may be prescribed by the license inspector. D. A massage establishment shall maintain on the business premises a copy of the most recent sketch or diagram required to be submitted to the license inspector pursuant to this chapter. E. A licensee, manager or employee of a massage establishment shall make the records required to be maintained by this section available for inspection upon demand by any law enforcement officer or town regulatory license inspections official, during any period of time that the business premises are open to the public or lawfully occupied. E. A manager shall not knowingly fail to ensure that a massage establishment at which he or she is employed is in compliance with the provisions of this section. Section 9-4 -21 Manager designation A massage establishment licensee shall file with the license inspector, on the form provided by the license inspector for that purpose, the name and license number of each person authorized to fulfill the functions of a manager at the massage establishment. It shall be the responsibility of the massage establishment licensee to have adequate manager coverage during all times the establishment is open for business. During any period of time that a massage establishment does not have a properly licensed manager recorded with the license inspector physically located on the business premises, the licensee and /or a manager shall designate another employee to be responsible for fulfilling the duties of a manager pursuant to this chapter. This designee may be either a licensed massage therapist or other responsible employee as determined by the licensee and /or manager. Section 9-4 -22 Exemptions The provisions of this chapter shall not apply to: Regular Council M@OW ftl uAy 15, 2011 - Page 26 of 156 -14- A. Establishments whose employees are authorized by the laws of this state to practice medicine, osteopathy, chiropractic, podiatry, naturopathy, or acupuncture. B. Establishments whose employees are acting as trainers for any bona fide amateur, semiprofessional, or professional athletic team or athlete. C. Establishments whose employees are authorized by the laws of this state as barbers or cosmetologists, provided their activity is limited to the scope of their barber or cosmetology license. D. Establishments whose employees are providing colon irrigation only. E. Businesses that are operating solely as a school that is Arizona state board of massage therapy- approved. Section 9-4 -23 Licenses; cumulative regulation A. The licenses required in this chapter are in addition to any business or transaction privilege license required by the Marana Town Code or state law. B. A massage therapist license does not authorize one to operate a massage establishment. C. An applicant for a massage establishment license need not have a massage therapist license. However, massage establishments shall employ only Arizona state - licensed massage therapists to perform massage. D. A licensed massage therapist who operates as a sole practitioner and who has no employees must obtain a massage establishment license for the business location at which massage therapy is provided; however, no separate manager license is required. Regular Council M9OW b*P6Y 15, 2011 -Page 27 of 156 - 15- RAN otc, 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, February 15, 2011, 7:00:00 PM To: Mayor and Council Item C 2 From: Jane Fairall , Deputy Town Attorney Strategic Plan Focus Area: Not Applicable Subject: Ordi No. 2011.02 -- Relating to Finance; amending the Town of Marana comprehensive fee schedule; and designating an effective date Discussion: On February 1, 2011, the Town Council first considered amendments to Title 9 of the Marana Town Code to add Chapter 9 -4 regulating massage establishments. The Council directed staff to bring back the ordinance for adoption at tonight's meeting. The ordinance establishes a number of fees associated with the application and licensing process for massage establishments. At the February 1 meeting, staff presented its recommendations for those fees. Based upon the Town's philosophy of cost recovery, staff researched the amount of time and effort that will be expended by Town staff in processing the various applications and forms required by the ordinance in order to recommend fee amounts to the Council. Specifically, staff recommended the following fees: 1. $ 75 - Application fee for massage establishment license 2. $ 25 - Application fee for manager license 3. $100 - First year license fee for massage establishment 4. $ 50 - First year license fee for manager 5. $100 - License renewal fee for massage establishment 6. $ 50 - License renewal fee for manager 7. $ 25 - Massage establishment location change application fee Council directed staff to bring these fees back to Council for adoption at tonight's meeting as an amendment to the Town's comprehensive fee schedule. ATTACHMENTS: Name: Description: Type: D Ord._adopting_amended_fee_ schedule_ (00025048). DOC Ordinance Ordinance Staff Recommendation: Staff recommends approval of the ordinance amending the comprehensive fee schedule. Regular Council Meeting - February 15, 2011 - Page 28 of 156 Suggested Motion: I move to adopt Ordinance No. 2011.02, amending the Town of Marana comprehensive fee schedule; and designating an effective date. Regular Council Meeting - February 15, 2011 - Page 29 of 156 MARANA ORDINANCE NO. 2011.02 RELATING TO FINANCE; AMENDING THE TOWN OF MARANA COMPREHENSIVE FEE SCHEDULE; AND DESIGNATING AN EFFECTIVE DATE WHEREAS the Town Council is authorized by A.R.S. § 9 -240 (A) to control the finances of the town; and WHEREAS the Town Council, via Ordinance No. 2010.07, adopted an amended comprehensive fee schedule for fiscal year 2010 -2011 on May 4, 2010; and WHEREAS amending the comprehensive fee schedule to add fees relating to the licensing and regulation of massage establishments is in the best interests of the Town of Marana. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, AS FOLLOWS: SECTION 1. The Town of Marana comprehensive fee schedule adopted pursuant to Marana Ordinance No. 2010.07 is hereby amended by adding the following fees (only added fees are shown; all other fees remain unchanged): FINANCE Massage Establishment License; Application Fee $75.00 Per application Non - refundable Massage Establishment Manager License; $25.00 Per application Non - refundable Application Fee Massage Establishment License; Full Year; Initial Fee $100.00 Per license Refundable if license application is denied Massage Establishment Manager License; Full Year; $50.00 Per license Refundable if Initial Fee license application is denied Massage Establishment License; Full Year; Annual $100.00 Per year Renewal Fee Massage Establishment Manager License; Full Year; $50.00 Per year Annual Renewal Fee Massage Establishment Location Change Application $25.00 Per application Fee SECTION 2. The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance. SECTION 3. All ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the Council in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance. Regu1MgW Agp % 0 F l ekuary 15, 2011 - Page 30 of 156 {00025048.DOC /} 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 shall become effective on the thirty -first day after its adoption. PASSED AND ADOPTED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15 day of February, 2011. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regu1MqNy#Jfttg% 15, 2011 - Page 31 of 156 2 {00025048.DOC /} RAN 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, February 15, 2011, 7:00:00 PM To: Mayor and Council Item C 3 From: Jane Fairall , Deputy Town Attorney Strategic Plan Focus Area: Not Applicable Subject: Resol No. 201 1_16__ Relating to Technology Services; approving and authorizing the Mayor to execute a Second Amendment to Beacon Hill Communications Site Lease with the Estate of Irene Welter, deceased and a First Amendment to Beacon Hill Telecommunications Site Sublease Agreement with Simply Bits, LLC Discussion: In early 2005, the Town and the Estate of Irene Welter, deceased, entered into a lease for the Town's use of certain premises located on Beacon Hill. Communications equipment used by and for the benefit of the Town of Marana and the Marana Police Department are located on Beacon Hill. In June 2009, the Town and the Welter Estate entered into a First Amendment to the lease agreement. This amendment allowed the Town to sublease the premises to its network service provider at the time, Simply Bits, to allow Simply Bits' equipment to operate on Beacon Hill as well. Thus, at the same time as the First Amendment to the lease agreement, the Council also approved a site sublease agreement between the Town and Simply Bits. In August 2009, the Town issued a Request for Proposals (RFP) for WAN/Networking services. As a result of this process, in March 2010, the Town selected TransWorld Network, Corp. (TWN) as the contractor for its WAN/Networking services and subsequently terminated its agreement for network services with Simply Bits. Simply Bits has continued to operate its equipment on Beacon Hill pursuant to the sublease agreement entered into in June 2009. During the transition from Simply Bits to TWN as the Town's network provider, Simply Bits requested to be allowed to place some additional equipment on Beacon Hill for its operations. Additionally, Town staff became aware that Simply Bits had acquired the rights to an FCC Licensed Link that the Town desired to acquire for its operations. As a result, the parties have negotiated the proposed amendments to both the lease agreement between the Town and the Welter Estate and the sublease agreement between Simply Bits and the Town. The proposed amendments will allow Simply Bits to install additional equipment on the Beacon Hill site. Simply Bits monthly sublease rent will increase from $210 per month to $400 per month. Under the terms of the existing agreements, the Town received the sublease rent from Simply Bits and then paid it over in its entirety to Welter. Under the terms of the proposed amendments, the Town will collect the $400 sublease rent from Simply Bits each Regular Council Meeting - February 15, 2011 - Page 32 of 156 month, pay $300 to Welter, and keep the remaining $100 as rent for Simply Bits' use of the Town's space on Beacon Hill, as well as utilities costs /electric consumption. The Town does not have any independent liability if Simply Bits fails to pay its sublease rent when due. Additionally, under the terms of the amendment to the sublease agreement, Simply Bits has agreed to relinquish its rights to the FCC Licensed Link desired by the Town, in return for the Town's payment of Simply Bits' $2,405 in costs for originally acquiring the Link. Financial Impact: If approved, these agreements will provide for the Town to begin receiving $100 per month in sublease rent from Simply Bits. If the Town acquires the rights to the FCC Licensed Link from Simply Bits, the Town will be obligated to pay $2,405 to Simply Bits for its costs in originally acquiring the Link. The funds will be paid out of Technology Services Department's budget. ATTACHMENTS: Name: Description: Type: D Reso_re_Beacon_H..11_ amendments (00025060).DOC Resolution Resolution D 2nd — Amend ment_to_Beacon_Hill lease_ with_ Welter_ Exhibit A - Second Amendment to Welter Lease Exhibit (00025059).PDF D 1 st_ amendment _ to_ Beacon_ Hill_ sublease w Exhibit B - First Amendment to Simply Bits Simply_Bits_(00.025086),pdf Sublease Exhibit Staff Recommendation: Staff recommends approval of the amendments to the lease and sublease agreements. Suggested Motion: I move to adopt Resolution No. 2011 -16, approving and authorizing the Mayor to execute a Second Amendment to Beacon Hill Communications Site Lease with the Estate of Irene Welter, deceased, and a First Amendment to Beacon Hill Telecommunications Site Sublease Agreement with Simply Bits, LLC. Regular Council Meeting - February 15, 2011 - Page 33 of 156 MARANA RESOLUTION NO. 2011 -16 RELATING TO TECHNOLOGY SERVICES; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A SECOND AMENDMENT TO BEACON HILL COMMUNICATIONS SITE LEASE WITH THE ESTATE OF IRENE WELTER, DECEASED AND A FIRST AMENDMENT TO BEACON HILL TELECOMMUNICATIONS SITE SUBLEASE AGREEMENT WITH SIMP- LY BITS, LLC WHEREAS on June 23, 2009, via Marana Resolution No. 2009 -102, the Town Council ap- proved the Beacon Hill Telecommunications Site Sublease Agreement with Simply Bits, LLC and a First Amendment to the Beacon Hill Communication Site Lease and Settlement Agreement with the Estate of Irene Welter, Deceased; and WHEREAS Welter, Simply Bits, and the Town of Marana have reached agreements and ac- commodations which provide for Simply Bits to install additional equipment on Beacon Hill, pro- vide for compensation to Welter and the Town for the use of the premises on Beacon Hill by Simply Bits, and provide for coordination of the acquisition and use of the frequency operations of the Town and Simply Bits; and WHEREAS the Town Council finds that the adoption of this resolution is in the best interests of the Town and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. The Second Amendment to Beacon Hill Communications Site Lease attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana. SECTION 2. The First Amendment to Beacon Hill Telecommunications Site Sublease Agreement between Simply Bits and the Town of Marana attached to and incorporated by this refer- ence in this resolution as Exhibit B is hereby approved, and the Mayor is hereby authorized to ex- ecute it for and on behalf of the Town of Marana. SECTION 3. The Town's Manager, Technology Services Director, and staff are hereby di- rected and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the Agreements referenced in Section 1 and Section 2 of this resolution. Regu1M&qMM@qW, %61geWuary 15, 2011 - Page 34 of 156 _ 1 - { 00025060.DOC /} PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MA- RANA, ARIZONA, this 15 day of February, 2011. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FROM: Frank Cassidy, Town Attorney Regu1gM&N'WpMgqMq 15, 2011 - Page 35 of 156 -2- {00025060.DOC /} j 6 I . I SECOND AMENDMENT TO BEACON HILL COMMUNICATIONS SITE LEASE THIS SECOND AMENDMENT TO BEACON HILL COMMUNICATIONS SITE LEASE (this "Second Amendment") is entered into by and between the TOWN OF MARANA, an Arizona municipal corpo- ration ( "Town ") and THE ESTATE OF IRENE WELTER, DECEASED, BY AND THROUGH HER PER- ! SONAL REPRESENTATIVE, BILL WELTER ("Welter"). The Town and Welter are sometimes referred to collectively as the Parties. RECITALS A. In 2005, the Parties entered into the `Beacon Hill Communications Site Lease and Set- tlement Agreement," recorded in the Pima County Recorder's office on January 14, 2005, at Docket 12469, Page 3461 (the "Original Agreement"), concerning the Town's lease of a communications site on Beacon Hill. In 2009, the Parties entered into the "First Amendment to Beacon Hill Com- munications Site Lease and Settlement Agreement," recorded in the Pima County Recorder's office on December 30, 2010 at Docket 13966, Page 415 (the "First Amendment"). The site is specifically described in the Original Agreement and referred to in the Original Agreement, the First Amend- ment and`in this Second Amendment as the "Premises." B. Paragraph 2 .of the First Amendment authorized.the Town t o sublease the Premises to 'a third -party vendor, SIMPLY, BITS, LLC, T'Simply Bits "), for .purposes of allowing equipment previ- ously installed on the Premises by Simply Bits to remain on the Premises. Paragraph 2 further pro- vided that any increase in the size or number of Simply Bits' antennas or dishes on the Premises re- quired Welter's and the Town's prior written approval. C. The Parties now wish to modify the terms of the Original Agreement, as amended by the First Amendment, to allow Simply Bits to place additional equipment on the Premises and to modify Simply Bits' monthly rent for the equipment on the Premises. AGREEMENT NOW, THEREFORE, based on the foregoing Recitals, which are incorporated here by this ref- erence, the Parties agree as follows: 1. Additional Simply Bits Equ pment. Upon obtaining all necessary and proper permits from the Town, Simply Bits shall be authorized to install and attach to the Building (as defined in the Original Welter Lease) a new antenna mounting structure no more than 20 feet high. The new antenna mounting structure shall be attached to the south corner of the Building. After installation of the new antenna mounting,structure, Simply Bits shall be permitted to move an existing three -foot dish to the new antenna mounting structure and to install two additional three -foot dishes to the new antenna mounting structure: Simply:Bits.shall be permitted to maintain no more than three dishes on the Premises. Additionally, Simply Bits shall be permitted to upgrade four existing one-foot pan - els fora total of up to nine square feet of panel or sector antennas at four attachment points on ei- ther the existing pipe structure or on the new antenna mounting structure to be installed as set forth in this paragraph 1. Any increase in the size or number of Simply Bits antennas or dishes on the Premises shall require prior written consent from the Town and Welter. {00024577.DOC / 6} - 1 - 1/10 /2011 Regular Council Meeting - Februarf MARANA /WE` LTERBEACONHILLLEASE 2 I E 2. Second Amendment Effective Date. This Second Amendment shall be effective on the date it is fully executed by the Parties. I 3. Sublease rent. Prior to the installation of the new antenna mounting structure and the addi- tional equipment described in paragraph 1 above, the Town shall continue to collect the Sublease Rent described in paragraph 5 of the First Amendment, as adjusted by paragraph 5(a) of the First Amendment, and pay the Sublease Rent to Welter. On the first day of the first month following in- stallation of the new antenna mounting structure and the additional equipment described in para- graph 1 above, and on the first day of each month thereafter for so long as the Town's sublease with Simply Bits remains in effect, the Town shall collect from Simply Bits Four Hundred Dollars ($400) € per month and pay to Welter as sublease rent Three Hundred Dollars ($300) per month, adjusted as follows (all of which together constitutes "Sublease Rent"): a. Annual adjustment. Each January 1 beginning on January 1, 2012, the previous year's Sub- lease Rent shall be adjusted upward by 3 %. b. Adjustments for tax and other costs. The Town shall pay to Welter any incremental increase in taxes or other costs owed by Welter relating to the Land (as defined in the Original Agree- ment) and resulting from the Town's sublease of the Premises to Simply Bits, including without limitation any property, rental, sales, use, or other taxes levied by any governmental entity, or the Town's proportionate share of any costs validly imposed on the Land by a third party in- cluding, by way of example, any proportionate costs of access to the Land. 4. Other terms. Except as modified by this Second Amendment, all terms and provisions of the Original Agreement, as modified by the First Amendment, shall remain in full force and effect and shall apply to this Second Amendment. 5. Kecording. This Second Amendment shall be recorded by and at the expense of the Town in the office of the Pima County Recorder. 6. Conflicts of interest. This Second Amendment is subject to the provisions of A.R.S. § 38 -511, which provides for cancelation of contracts by government entities in certain instances involving conflicts of interest. REMAINDER OFPAGEIN7EN770NALLYLEFTBLAAW {00024577.DOC / 6} -2- 1/10/2011 Regular Council Meeting - FebruarS _*,&0M1,A& 5P0 ALgRANAI WELTER BEACON HILL LEASE IN WITNESS WHEREOF, the Parties have executed this Second Amendment as of the date of the last signature below. THE TOWN OF NLU ANA, an Arizona THE ESTATE OF IRENE WELTER, DECEASED, municipal corporation BY AND THROUGH HER PERSONAL REPRESENTATIVE, BILL WELTER By: B Its: Its: Date: Date ATTEST: STATE OF ARIZONA ) County of Pima ) The foregoing instrument was acknowl- Jocelyn C. Bronson, Town Clerk edged before me this e2� day of January, 2011, by Bill Welter, as Personal Representa- APPROVED AS TO FORM: tive of the Estate of Irene Welter, deceased. My commission expires: Frank Cassidy, Town Attorney N otjy Pub OFFICIAL SEAL oM u ARELY CAMPOS•AGUILAR NOTARY PUBLIC•ARIZONA PIMA COUNTY Oamm, Exp. Feb. 1s, 2014 {00024577.DOC / G} -3- 1/10/2011 Regular Council Meeting - Februaryg[rp}Qly MARA.NA /WELTER B EACoNHIILLEASE FIRST AMENDMENT TO BEACON HILL TELECOMMUNICATIONS SITE SUBLEASE AGREEMENT BETWEEN SIMPLY BITS AND TOWN OF MARANA THIS FIRST AMENDMENT TO BEACON HILL TELECOMMUNICATIONS SITE SUBLEASE AGREEMENT BETWEEN SIMPLY BITS AND TOWN OF MA RANA (this "First Amendment") is entered into by and between the TOWN OF MARANA, an Arizona municipal corporation ( "Town"} and SIMP- LY BITS, LLC, an Arizona limited liability company ("Simply Bits "). The Town and Simply Bits are sometimes referred to collectively as the Parties. RECITALS A. The Town is the lessee of a telecommunications site on Beacon Hill as documented in the `Beacon Hill Communications Site Lease and Settlement Agreement," entered into by the Town and the Estate of Irene Welter, deceased, by and through her personal representative, Bill Welter ( 'Welter'j, recorded in the Pima County Recorder's office on January 14, 2005, at Docket 12469, Page 3461 (the "Original Welter Lease'. The site is specifically described in the Original Welter Lease and referred to in the Original Welter Lease, the `Beacon Hill Telecommunications Site Sub- lease Agreement Between Simply Bits and Town of Marana" (the "Original Sublease Agreement') and this First Amendment as the "Premises." B. In 2009, the Town and Welter entered into the "First Amendment to Beacon Hill Com- munications Site Lease and Settlement Agreement," recorded in the Pima County Recorder's office on December 30, 2010 at Docket 13966, Page 415 (the "First Amendment to Welter Lease'). Para- graph 2 of the First Amendment to Welter Lease authorized the Town to sublease the Premises to Simply Bits for the purposes of allowing equipment previously installed on the Premises by Simply Bits to remain on the Premises. Paragraph 2 further provided that any increase in the size or num- ber of Simply Bits' antennas or dishes on the Premises required Welter's and the Town's prior writ- ten approval. C. Also in 2009, the Town and Simply Bits entered into the Original Sublease Agreement in which the Town subleased the Premises to Simply Bits for the purpose of allowing Simply Bits to operate, maintain and repair its existing equipment on the Premises. Paragraph 1 of the Original Sublease Agreement provided that any increase in the size or number of Simply Bits' antennas or dishes on the Premises required Welter's and the Town's prior written approval. D. In 2010, Simply Bits acquired a Federal Communications Commission Point to Point Mi- crowave Licensed Link Path (the "FCC Licensed Link') between the Premises and the Marana Mu- nicipal Complex ( "MMC'�. If acquired by the Town, this specific FCC Licensed Link will allow the Town to operate its Proteus Microwave Link equipment between the Premises and the MMC. The Town desires to acquire the FCC Licensed Link from Simply Bits for the Town's use. E. The Parties now wish to modify the terms of the Original Sublease Agreement to allow Simply Bits to place additional equipment on the Premises, to modify Simply Bits' monthly rent for the equipment on the Premises and to provide for the transfer of the FCC Licensed Link obtained by Simply Bits to the Town. (000245nDOC / 7) - 1 - 1/10/2011 Regular Council Meeting - FebiEBily'(f5AAME)AbUgl3ftAfrO UVA /SIMPLY BITS BEACON Hn-L SUBLEASE AGREEMENT Now, THEREFORE, based on the foregoing Recitals, which are incorporated here by this ref- erence, the Parties agree as follows: 1. Additional Si*y Bits Equipment. Upon obtaining all necessary and proper permits from the Town, Simply Bits shall be authorized to install and attach to the Building (as defined in the Original Welter Lease) a new antenna mounting structure no more than 20 feet high. The new antenna mounting structure shall be attached to the south comer of the Building. After installation of the new antenna mounting structure, Simply Bits shall be permitted to move an existing three -foot dish to the new antenna mounting structure and to install two additional three -foot dishes to the new antenna mounting structure. Simply Bits shall be permitted to maintain no more than three dishes on the Premises. Additionally, Simply Bits shall be permitted to upgrade four existing one -foot pa- nels for a total of up to nine square feet of panel or sector antennas at four attachment points on either the existing pipe structure or on the new antenna mounting structure to be installed as set forth in this paragraph 1. Any increase in the size or number of Simply Bits antennas or dishes on the Premises shall require prior written consent from the Town and Welter. 2. First Amendment Effective Date. This First Amendment shall be effective on the date it is fully executed by the Parties. 3. Subkase rent. Prior to the installation of the new antenna mounting structure and the addition- al equipment described in paragraph 1 above, Simply Bits shall continue to pay the Sublease Rent described in paragraph 4 of the Original Sublease Agreement, as adjusted by paragraph 4(a) of the Original Sublease Agreement, to the Town. On the first day of the first month following installation of the new antenna mounting structure and the additional equipment described in paragraph 1 above, and on the first day of each month thereafter for so long as the Town's sublease with Simply Bits remains in effect, Simply Bits shall pay sublease rent to the Town for the use of the Premises described in paragraph 1 above and for all Simply Bits' equipment located inside the Building in the amount of Four Hundred Dollars ($400) per month, adjusted as follows (all of which together con- stitutes "Sublease Rent'): a. Annual ad ustment. Each January 1 beginning on January 1, 2012, the previous year's Sub- lease Rent shall be adjusted upward by 3 %. 4. Utilities Costs. The Sublease Rent described in paragraph 3 above includes compensation to the Town by Simply Bits for utilities costs /electric consumption. Therefore, paragraph 5 of the Original Sublease Agreement, which provided that the Town had the right to survey the electric consumption of Simply Bits' equipment on the Premises and adjust the Sublease Rent to reflect cur- rent consumption if any survey disclosed that the average electric consumption of Simply Bits' equipment was greater than $30 per month, is rendered moot by this First Amendment. 5. Transfer of FCC Licensed Link. Simply Bits shall relinquish its right to the FCC Licensed Link in coordination with the Town. Simply Bits shall permit the Town to take any and all necessary ac- tion for the Town to acquire the right to the FCC Licensed Link. Simply Bits shall take any and all necessary action required by it, including abandoning and releasing its right to the FCC Licensed Link, to allow the Town to acquire the right to the FCC Licensed Link. If the Town acquires the FCC Licensed Link, the Town shall pay Simply Bits $2,405.00 for Simply Bits' costs in originally ac- quiring the FCC Licensed Link. This payment shall be due to Simply Bits on the first day of the first month following the transfer of the FCC Licensed Link to the Town. If the Town is unable to ac- {00024582.DOC / 7} -2- 1/10/2011 Regular Council Meeting - Feb r&gns4 wDwa"waMetRNA /SimPLYBzTvBEACONHIILSUBLEAsE quire the FCC Licensed Link, the To-xvnwill not be responsible for any of Simply Bits' costs in ac- quiring the FCC Licensed Link. 6. Coonfinatiov, The Parties shall coordinate with one another to insure that neither interferes with the other's frequency operations. 7. Other tems. Except as modified by this First Amendment, all terms and provisions of the Original Sublease Agreement shall remain in full force and effect and shall apply to this First Amendment. 8. Recoalin ,g. This First Amendment shall not be recorded. 9. Coffflids of iaenxt This First Amendment is subject to the provisions of A.R.S. 5 38-511, which provides for cancelation of contracts by government entities in certain instances involving conflicts of interest. TNT wiTNEss wHEREoF, the Parties hav executed this First Amendment as of the date of the last signature below. T14E`170'w�OF Ntxiu, k, an Arizona SumpLy Bins, LLC, an Arizona limited liability municipal corporation company By: By: Namefritle. Its: Date: 2 -7-1/ Date: STATE- or. a ss ATTEST: County of The foregoing instrument was acknowledged before me on J=*0-1, 2011, by Jocelyn C. Bronson, Town Clerk Ff the /L114 of SrxIPLY BITs,, LLC, an APPROVED AS TO FORM: Arizou fiabilit) company, on behalf of the LLC. Frank Cassidy, Town Attorney MR commisslon expires _ _� a 7- �t' qfry Public Nowy W*C-*UM ftTA Coxity ,0W245s2-D() j 71 -3- 1/10/2011 Regu C ounci l Meeti n g - F e b "VT542(MVPMW141tbfVfW, TPLYBITS BFAcoN H11 I- SUBLE AVE . , i� ARAN =I va " 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, February 15, 2011, 7:00:00 PM To: Mayor and Council Item C 4 From: Jane Fairall , Deputy Town Attorney Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2011 -17: Relating to Administration; approving an administrative directive regarding the use of the Town of Marana's electronic technology by members of the public Discussion: The purpose of this proposed administrative directive is to establish guidelines for the use of the Town of Marana's electronic technology by members of the public at Town Council meetings and other Town meetings open to the public. Pursuant to the proposed directive, members of the public addressing a public meeting at call to the public would be limited to use of existing voice amplification and recording systems as well as the Town's overhead projector. Individuals addressing a public body at another point during a meeting - such as at a public hearing - would be permitted to use the Town's electronic technology during their presentation. Presenters must contact the Town Clerk's Office or the recording secretary for the meeting by noon on the day of the meeting to coordinate the use of the Town's equipment. Technology Services staff must then be consulted in order to ensure that the Town's system and equipment is protected. The directive specifies that the Town's technology may not be used for any illegal purposes or in a way that damages the Town's system. Further, violation of the directive by a member of the public may result in denial of the ability to use the Town's electronic technology in the future. Although administrative directives are generally promulgated by the Town Manager as the chief administrative officer of the Town without Council involvement, those directives that are relevant to elected and appointed officials must be approved by the Town Council. Because this administrative directive addresses the use of technology at Town Council and other public body meetings by members of the public, approval by the Council is necessary for its implementation. ATTACHMENTS: Name: Description: Type: ❑ Reso re._Electronic_Technology use_byoublic_AD_ (00025025).DOC Resolution Resolution ❑ AD-re-use-of-Town s_electronic tech nology_byoublic_ Regular Council Meeting - February 15, 2011 - Page 42 of 156 (00023519- 8).DOC Administrative Directive Exhibit Staff Recommendation: Staff recommends approval of this administrative directive. Suggested Motion: I move to adopt Resolution No. 2011 -17, approving an administrative directive regarding the use of the Town of Marana's electronic technology by members of the public. Regular Council Meeting - February 15, 2011 - Page 43 of 156 MARANA RESOLUTION NO. 2011-17 RELATING TO ADMINISTRATION; APPROVING AN ADMINISTRATIVE DIRECTIVE REGARDING THE USE OF THE TOWN OF MARANA'S ELECTRONIC TECHNOLOGY BY MEMBERS OF THE PUBLIC WHEREAS the Town Council has established broad guidelines and parameters regarding the administration of the Town through the Marana Town Code and other ordinances and policies; and WHEREAS Section 3- 2 -1(G) of the Marana Town Code provides that the Town Manager shall be the chief administrative officer and head of the administrative branch of the Town and shall execute general administrative supervision and control of the affairs of the Town; and WHEREAS on September 15, 2009, the Town Council by Resolution No. 2009 -164 approved and authorized the Town Manager to implement an administrative directive system for carrying out certain administrative functions and providing consistency in the performance of administrative tasks, in the use of Town resources and equipment, and in the implementation of the Town Code and other ordinances and policies; and WHEREAS the administrative directive system approved by Resolution No. 2009 -164 included the provision that any administrative directive relevant to the Town's elected and appointed officials would be brought before the Council for its consideration and adoption by resolution; and WHEREAS the Town Council finds that the implementation of an administrative directive regarding the use of the Town of Marana's electronic technology by members of the public is in the best interests of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Town of Marana hereby approves the Use of Town's Electronic Technology by Members of the Public Administrative Directive attached as Exhibit A and incorporated by this reference in this resolution. SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to implement the Administrative Directive described in Exhibit A. Regu%pggikiftt LO F ] p �ary 15, 2011 - Page 44 of 156 _ _ {00025025.DOC /} PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15 day of February, 2011. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regu1ma9p Jft ?. M D FfYTary 15, 2011 -Page 45 of 156 - 2- {00025025.DOC /} SOW N OF 1 i q 01 W 7 gR1ZOtN ADMINISTRATIVE DIRECTIVE Title: Use of Town's Electronic Technology by Members of the Public Issuing Department: Town Manager's Office Effective Date: February 15, 2011 Reviewed: Town Manager's Office, Legal, Town Clerk, Technology Services Approved: Town Council, Resolution No. 2011 -17 Type of Action: New 1.0 PURPOSE The purpose of this directive is to establish guidelines for the use of the Town of Marana's electronic technology by members of the public at Town Council meetings and other Town meetings open to the public. 2.0 PERSONS AFFECTED Members of the public who use the Town's electronic technology; Town employees who assist citizens with their use of the Town's electronic technology 3.0 REFERENCES: 3.1 Marana Town Code, Chapter 2: Mayor and Council 3.2 A.R.S. § 38- 431.01 -Open Meeting Law 4.0 DEFINITIONS 4.1 Call to the Public: An open call to the public during a public meeting, subject to reasonable time, place and manner restrictions, to allow individuals to address the public body on any issue within the jurisdiction of the public body 4.2 File transfer protocol (ftp): A software protocol for exchanging information between computers over a network 4.3 Graphics interchange format (gif): A standard compressed file format used for pictures Regu1a6 % February 15, 2011 - Page 46 of 156 4.4 Jpg or jpeg: A standard file format for compressing pictures by disposing of redundant pixels 4.5 Portable document format (PDF): A format in which documents may be viewed 4.6 Portable network graphics (png): A bitmapped image format 4.7 Tagged image file format (TIF): A graphic file format 5.0 POLICIES AND PROCEDURES 5.1 In general, visual aids used in connection with presentations to the Town Council or other public bodies are permitted in Town facilities. 5.2 Individuals addressing a meeting at the call to the public will not be provided with electronic technology capabilities beyond the existing voice amplification and recording capabilities in the facilities and the Town's overhead projector /document reader. 5.3 Individuals making a presentation during a meeting other than at the call to the public, such as during a public hearing, may be permitted to use the Town's electronic technology for the presentation. Presenters must contact the Town Clerk's Office or the recording secretary for the meeting by noon on the day of the meeting to coordinate the use of the Town's equipment. 5.3.1 Presenters may deliver presentations to the Town by email, flash drive, ftp or CD. The Technology Services Department will ensure that the presentations are scanned for viruses prior to use in the Town's technology system. 5.3.2 The Town can support presentations in the following formats: Microsoft Office Suite, PDF, or any common graphic format (TIF, jpg, gif, png). Additionally, any presentation installed on a website that runs on internet Explorer can be supported. The Town cannot support presentations in the following formats: Apple, Linux, Droid, or other formats or applications not listed above. 5.4 Presenters shall not use the Town's overhead projector or electronic technology for any illegal purposes or communications. 5.5 Presenters shall not use the Town's electronic technology in a manner that damages, interferes with or congests the Town's computer or network systems. 5.6 The Town reserves the right to deny any presenter the use of the Town's overhead projector or other electronic technology if the presenter fails to comply with the provisions of this directive. 6.0 RESPONSIBILITIES 6.1 The Town Manager and Town Clerk shall ensure appropriate enforcement of this directive, in conjunction with the Mayor as presiding authority at Town Council meetings and in accordance with the rules governing Town Council meetings as set forth in Chapter 2 of the Marana Town Code. Regu1Jb@M Wit' @} February 15, 2011 - Page 47 of 156 6.2 All employees who assist presenters with their use of the Town's electronic technology shall consult with the Technology Services Department to ensure that the Town's system is protected. 6.3 The Technology Services Department shall ensure that adequate and appropriate safeguards and precautions are observed in order to protect the Town's electronic technology and network. 7.0 ATTACHMENTS None ReguIIbRP.qrA.HWPYf February 15, 2011 - Page 48 of 156 ARAN =' 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, February 15, 2011, 7:00:00 PM To: Mayor and Council Item C 5 From: Cedric Hay , Senior Assistant Town Attorney Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2011 -18: Relating to Right of Way; approving and authorizing the request by Trico Electric Cooperative, Inc., to submit its franchise renewal to the Marana voters at the general election to be held May 17, 2011 Discussion: Trico Electric Cooperative, Inc. ( Trico), currently provides electricity to certain areas within the Town of Marana pursuant to a 25 -year franchise that was approved by Marana voters in 1985. Trico has submitted a request to renew its franchise by having the question once again placed on the ballot at the next general election within the Town. Approval of this resolution will have the effect of adding a question to the May 17th election ballot. The question will ask the voters if they wish to grant Trico a new 25 -year franchise to provide electricity to the Town. A proposed franchise agreement, which includes a legal description of the area to be included within its franchise, has been attached to the resolution. This area, while larger than the current area, does not conflict with the area served by Tucson Electric Power Company. If the voters approve the franchise, the Mayor will be authorized and directed to sign the franchise agreement, which will be attached to the election materials in its final form. Financial Impact: Currently, the electrical service providers within the Town pay a 4% transaction privilege tax. This amount is not scheduled to change as a part of the franchise renewal. The only possible financial impact would come from increased revenue collected as the result of an expanded franchise area. ATTACHMENTS: Name: Description: Type: 0 R...eso r.e Trico_ franchise election_ (00024980).DOC Resolution Resolution O Trico_franchise_ agreement_ (00025018).PDF Proposed franchise agreement Exhibit Staff Recommendation: Regular Council Meeting - February 15, 2011 - Page 49 of 156 Staff recommends approval of Trico's request to place its franchise renewal on the ballot for the May 17th general election. Suggested Motion: I move to adopt Resolution 2011 -18, placing the question of Trico's franchise renewal on the ballot for the May 17, 2011, general election. Regular Council Meeting - February 15, 2011 - Page 50 of 156 MARANA RESOLUTION NO. 2011-18 RELATING TO RIGHT OF WAY; APPROVING AND AUTHORIZING THE REQUEST BY TRICO ELECTRIC COOPERATIVE, INC. TO SUBMIT ITS FRANCHISE RENEWAL TO THE MARANA VOTERS AT THE GENERAL ELECTION TO BE HELD MAY 17, 2011 WHEREAS Trico Electric Cooperative, Inc. an Arizona non - profit corporation ( "Trico ") currently provides electricity to certain areas within the Town of Marana pursuant to a 25 -year franchise that was approved by Marana voters in 1985; and WHEREAS Trico wishes to renew its franchise so that it might extend its facilities and be able to provide service within the area legally described and attached as Exhibit A to the proposed franchise agreement which is attached to and incorporated by this reference in this resolution; and WHEREAS the proposed franchise area in Exhibit A would not create a conflict with the Tucson Electric Power Company who also provides electricity within the Town of Marana; and WHEREAS the Town Council has determined that the granting of a new franchise would be beneficial to the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA that the question as to whether or not a franchise should be granted to Trico to service the area shown on Exhibit A of the franchise agreement attached to this resolution shall be presented to the qualified electors of the Town of Marana at the General Election to be held in the Town of Marana on May 17, 2011. BE IT FURTHER RESOLVED if the majority of votes cast at the General Election are in favor of granting the franchise, the Mayor shall be authorized and directed to sign the franchise agreement on the Town's behalf in the form filed and published in conjunction with the election. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15�' day of February, 2011. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting - February 15, 2011 - Page 51 of 156 100024980.DOC /} I BEFORE THE TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA 2 In the Matter of the Application of Trico 3 Electric Cooperative, Inc., an Arizona 4 nonprofit corporation, to renew its FRANCHISE Franchise to Use Public Highways, 5 Roads, Streets, Avenues, Drainageways, Alleys, Alley- Easements and other 6 Public Rights of Way and Places Now or Hereafter Established, in Certain Areas Within the Town of Limits of the Town 8 of Marana, an Arizona municipal corporation, �y 10 IR 11 WHEREAS, Trico Electric Cooperative, Inc., an #�Ozona nonprofit corporation, was All 12 granted a Franchise by the Town of 1V�t� an Arizona mnl al corporation, to use the 13 public highways, roads, streets, avenues, lrama�s, alleys,"' lley- easements and other 14 public rights of way and m certain areal °rwithintTown of Limits of the Town of 15 Marana, as more parularly set prth therein; which became effective April 23, 1985; and 16 Trico has made applica by to tbe, Town CouM of the Town of Marana to renew said �" 17 Franchise desc�m Ettached hereto and by this reference made a 18 part hereof; and 19 WHEREAS, Trico pr es the Franchise desired to the Town Council of the 20 Town of Mari on the fin of this Franchise in accordance with law, which form of 21 Franchise has been filed arriong the records of said Town Council; and 22 WHEREAS, the said Town Council has passed a Resolution stating that said Town 23 Council deems the granting of said Franchise is beneficial to the Town of Marana and said 24 Town Council has submitted the question to the qualified electors of the Town of Marana 25 as to whether or not said Franchise shall be granted at the following regular election held in 26 the Town of Marana; and Regular ouncil Meeting - February 15, 2011 - Page 52 of 156 I WHEREAS, the proposed Franchise has been published in full in a newspaper of 2 general circulation in Pima County which is circulated in the Town of Marana for at least 3 thirty consecutive days prior to said election; and 4 WHEREAS, a majority of the votes cast at said election are in favor of granting said 5 Franchise; 6 NOW, THEREFORE, the Town Council of the Town of" Mararia does hereby grant 7 this Franchise to Trico Electric Cooperative, Inc., which , in �'orm of Franchise filed g with the said Town Council by Trico Electric Coo r t' , Inc., . in the form as so 9 published. 10 This Franchise is as follows: "; 11 Trico Electric Cooperative, Inc., an Arizona no' i" corporation, is hereby granted '0 4 �.., 12 a franchise to own, control, manage �e, construct, install, remove, operate, repair, 13 replace and maintain poles, pipes, vlres, rpductors, cables, conduits, towers, 14 transformers, facilities, .derground fa�lits, fix'�� ducts, services, structures, 15 appliances, equipmea,r distri "fin and transmission system or systems and service in, 16 upon, along, under, 6V and a toss all of the, t ilic highways, roads, streets, avenues, draina ewa y y p 17 g �'�c s, alle eserrie�nts.�d nnlic roadways or laces now or hereafter 18 establid situate wWo,the of the town limits of the Town of Marana, an Arizona 19 municip �crporation, & ed in V ibit "A" attached hereto and by this reference made a art hereof for the dilution transmission furnishin and sale of electricit for 20 p g Y N; 21 domestic, resided, irrig-ion, mining, industrial, commercial, business and municipal 22 uses and for any and�l purposes for which electricity may now or may hereafter be 23 used, to any and all individual persons, firms, associations, corporations and other entities, 24 both private and public, and to municipalities and governmental departments, districts and 25 agencies, Federal and State, who are consumers of Trico Electric Cooperative, Inc., in said 26 Town of Marana. Regular ouncil Meeting - February 15, 2011 - Page 53 of 156 2 I All rights hereunder are granted under the express condition that the Town Council 2 of said Town of Marana shall have the power at any time to impose such restrictions and 3 limitations, and to make such regulations as to the use of said highways, roads, streets, 4 alleys and other public rights of way and places by Trico Electric Cooperative, Inc., as may 5 be deemed best for the public safety or welfare, and not inconsisteig with law or the orders 6 or rules and regulations of the Arizona Corporation Commission The rights of the Town of 7 Marana in and to the use of said highways, roads, streets, alleys =d other public rights of g way and places shall forever be paramount and su�c�r to the righ Trico Electric 9 Cooperative, Inc. 10 The said Trico Electric Cooperative, Inc , !�h_" l bear,',alI, expenses math' or incurred 11 for the purpose of this Franchise, including damage andampensation for any alteration of 12 the direction, surface, grade or alignment of any of the a aid highways, roads, streets, 13 alleys and other public rights of way and�plac� 14 The expense of loweng electric lines,3pes or nom° installations of Trico Electric 15 Cooperative Inc., or changing the locations *installations of Trico Electric Cooperative, 16 Inc., made reasonably n`ebpssary by changes in tie 'direction, surface, grade or alignment of 17 said highway4 roads, street alleys °r public rights of way and places shall be 18 borne b�, Trico Electric Coopert, Inc., unless otherwise provided by law. 19 Franchise and ,the ruts and privileges granted herein shall be salable, 20 assignable ;ifW ansf erable Trico Electric Cooperative, Inc., but no sale, assignment or III 21 transfer, in whole in per, of any of the rights and privileges granted herein shall be 22 effective as against t, �I own of Marana until notice of the same in writing has been given 23 the Town Council of the Town of Marana. 24 This Franchise and the privileges granted herein shall not be exclusive, and the 25 Town of Marana expressly reserves the right to grant from time to time similar franchises 26 Regular ouncil Meeting - February 15, 2011 - Page 54 of 156 3 I and privileges over the same highways, roads, streets, alleys and other public rights of way 2 and places, or any thereof, to any other persons, firms or corporations. 3 This Franchise shall not be effective for any purpose until the acceptance of Trico 4 Electric Cooperative, Inc., is endorsed hereon in writing, provided that, after any sale, 5 assignment or transfer of rights of Trico Electric Cooperative, Inc., hereunder, the said 6 Trico Electric Cooperative, Inc., shall not be obligated under rms 'hereof. 7 Anything in this Franchise to the contrary notwi h 'a dw this Franchise shall be g for a period of twenty -five years only from the date herezf 9 IN WITNESS WHEREOF, the Town Council of the Town of 1VIati4ia, an Arizona 10 municipal corporation, has granted this Franchise nnly in t prm of Franc e filed with 11 the said Town Council by Trico Electric Cooperative, and published as aforesaid and 2= 12 has caused these presents to be executes �d signed by the mayor of the Town of Marana , 13 and attested by the Clerk and the seal of�Ie TownVlarana axed hereto this day 14 of 2011. n 15 "OWN OF MARANA, an Arizona 16 SEAL n�giitcipal corporation 17 ` 18 By Mayor 19 ATTE§ _ 20 ti 21 Clerk 22 23 24 25 26 Regular ouncil Meeting - February 15, 2011 - Page 55 of 156 4 1 TRICO ELECTRIC COOPERATIVE, INC., does hereby accept the within and 2 foregoing Franchise this day of , 2011. 3 TRICO ELECTRIC COOPERATIVE, INC., an Arizona nonprofit corporation 4 5 By Its President 6 CORPORATE SEAL 3 7 , 8 9 10 11 12 13 z� 14 Syr 15 v 16 v 17 18 r 19 20 .,, 21 22 23 24 25 26 Regular ouncil Meeting - February 15, 2011 - Page 56 of 156 5 EXHIBIT "A" The following described real property lying within the Town Limits of the Town of Marana (all Sections and Townships and Ranges are in reference to the Gila and Salt River and Meridian and are in Pima County and Pinal County, Arizona [Townships being designated as "T" and Ranges designated as "R "] ): TOWNSHIP 10 SOUTH, RANGE 11 EAST The South half of Section 31 lying within the Town Limits of the Town of Marana TOWNSHIP 11 SOUTH, RANGE 10 EAST All of Section 1 The West 660 feet of the Northwest Quarter of Section 12 The Southwest Quarter of Section 13 The Southeast Quarter of the Southeast Quarter of Section 14 All of Section 23, Except the South 1320 feet thereof All of that portion of the Southeast Quarter of Section 24, lying within the Town Limits of the Town of Marana and South of the following described line: COMMENCING at the North Quarter corner of said Section 24; Thence South and parallel with the West Boundary of said Section 24 to a point 2,525 feet South and 2,755 feet East of the Northwest corner of said Section 24, which point is the TRUE POINT OF BEGINNING; Thence East and parallel with the South boundary of said Section 24 to a point on the East boundary of said Section 24 which is common with a point on the West boundary of Section 19, T 11 S, R 11 E, said point being 3,238 feet South of the Northwest corner of said Section 19. TOWNSHIP 11 SOUTH, RANGE 11 EAST All of Sections 1, 2, 3, 4, 5, 6, 9, 10, 11, 12, 13, 14, 15, 23, 24, 25, and 32. All those portions of Sections 7, 8, 16, 17, 21, 22, 26, 27, and 36 lying within the Town Limits of the Town of Marana and North and East of the East right -of -way boundary of the Southern Pacific Railroad. Regular Council Meeting - February 15, 2011 - Page 57 of 156 That portion of Section 19, lying within the Town Limits of the Town of Marana, described as follows: BEGINNING at a point on the West boundary of said Section 19, said point being 3,238 feet South of the Northwest corner of said Section 19; Thence East and parallel with the South boundary of said Section 19 to apoint 3,238 feet South of and 660 feet West of the Northeast corner of said Section 19; Thence South and parallel to the East boundary of said Section 19 to a point on the South boundary of said Section 19; Thence West along the South boundary of said Section 19 to the Southwest corner of said Section 19; Thence North along the West boundary of said Section 19 to the POINT OF BEGINNING. That portion of Section 30 lying within the Town Limits of the Town of Marana The East half of Section 31. All of Section 33 except the following described property: BEGINNING at the Northeast corner of said Section 33; thence South 00 degrees 34 minutes 43 seconds East, upon the East line of said Section 33, a distance of 1308.16 feet; Thence leaving said East line, North 60 degrees 42 minutes 14 seconds West, 247.32 feet; Thence North 00 degrees 00 minutes 00 seconds West, 1184.74 feet to a point on the North line of said Section 33; Thence North 89 degrees 20 minutes 24 seconds East, upon the North line of said Section 33, a distance of 202.49 feet to the POINT OF BEGINNING. That portion of Section 34 lying Southerly of the following described line: BEGINNING at the Southeast corner of said Section 34; thence North 00 degrees 30 minutes 12 seconds West, upon the East line of said Section 34, a distance of 978.56 feet; Thence leaving said East line North 78 degrees 44 minutes 03 seconds West, 652.10 feet; Regular Council Meeting - February 15, 2011 - Page 58 of 156 Thence North 62 degrees 51 minutes 29 seconds West, 737.37 feet; Thence North 48 degrees 50 minutes 07 seconds West, 631.39 feet to the centerline of Lon Adams Road and the beginning of a non - tangent curve concave to the Northwest, having a radius of 1250.00 feet through which a radial line bears South 34 degrees 44 minutes 54 seconds East; Thence Northeasterly 480.52 feet along said centerline curve through a central angle of 22 degrees 01 minutes 32 seconds to a point through which a radial line bears South 56 degrees 46 minutes 25 seconds East; thence North 60 degrees 51 minutes 54 seconds West, 480.21 feet; Thence North 56 degrees 15 minutes 22 seconds West, 627.66 feet; thence South 69 degrees 21 minutes 49 seconds West, 341.91 feet to the beginning of a non- tangent curve concave to the Northeast, having a radius of 1385.00 feet through which a radial line bears South 37 degrees 02 minutes 29 seconds West; Thence Northwesterly 521.10 feet along said curve through a central angle of 21 degrees 33 minutes 26 seconds to the beginning of a reverse curve concave to the Southwest, having a radius of 545.00 feet; thence Northwesterly 413.95 feet along said curve through a central angle of 43 degrees 31 minutes 06 seconds to the beginning of a reverse curve concave to the Northeast, having a radius of 1165.00 feet; Thence Northwesterly 1107.60 feet along said curve through a central angle of 54 degrees 28 minutes 22 seconds to the centerline of Gladden Farms Drive, being a point of cusp with a non - tangent curve concave to the Southeast, having a radius of 1700.00 feet through which a radial line bears North 35 degrees 18 minutes 21 seconds West; Thence Southeasterly 738.54 feet along said centerline curve through a central angle of 24 degrees 53 minutes 29 seconds to a point through which a radial line bears North 60 degrees 11 minutes 50 seconds West; Thence North 60 degrees 42 minutes 14 seconds West, 742.07 feet to a point on the West line of said Section 34, said point bears South 00 degrees 34 minutes 43 seconds East, 1308.16 feet from the Northwest corner of said Section 34. TOWNSHIP 11 SOUTH, RANGE 12 EAST All of Sections 2, 4, 5, 6, 7, 8, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 and 36. The South half of the Northwest Quarter and the Southwest Quarter of Section 3; The North half of the Northeast Quarter and the West half of Section 9; Regular Council Meeting - February 15, 2011 - Page 59 of 156 The South half of the Northeast Quarter and the South half of the Southwest Quarter and the Southeast Quarter of Section 10. TOWNSHIP 11 SOUTH, RANGE 13 EAST The South half of Section 7; Those portions of Sections 8, 17, 20, 29 and 32 lying within the Town Limits of the Town of Marana. All of Sections 18, 19, 30 and 31. TOWNSHIP 12 SOUTH, RANGE 11 EAST All of Sections 3, 4, 5, 6, 9, 10, 15, 16 and 21. The North half of Sections 7, 8 The North half and the North half of the South half of Section 22. TOWNSHIP 12 SOUTH, RANGE 12 EAST All of Sections 1, 2, 3, and 10 Those portions of Sections 4, 5, 6, and 9 lying within Trico's Certificates of Convenience and Necessity lying within the Town Limits of the Town of Marana. Those portions of Sections 15 and 16 lying within the Town Limits of the Town of Marana and North and East of the East right -of -way boundary of the Southern Pacific Railroad. Those portions of Sections 1 I and 12 lying within the Town Limits of the Town of Marana. TOWNSHIP 12 SOUTH, RANGE 13 EAST All of Section 6. The North half of the Northwest quarter of the Northwest Quarter of Section 7. TOGETHER WITH that portion of the areas of Trico's Certificates of Convenience and Necessity lying within the Town Limits of the Town of Marana as they are expanded from time to time. Regular Council Meeting - February 15, 2011 - Page 60 of 156 A A 1 ` 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, February 15, 2011, 7:00:00 PM To: Mayor and Council Item C 6 From: Suzanne Machain , . Human Resources Director Strategic Plan Focus Area: Not Applicable Subject: Ordi No. 2011.0 _Relating to Administration; amending Marana Town Code Title 3 "Administration," amending sections 3 -1 -2, 3 -1 -3, 3 -2 -3, 3 -2 -4, 3 -2 -5, 3 -2 -8, 3- 2-9, 3 -2 -10 and 3 -2 -11 and adding section 3 -2 -14; revising positions appointed by, removed by and reporting to the town manager, deputy town manager, assistant town manager or general manager; updating certain position responsibilities to conform to current functions; changing the name of the position of special projects administrator to special projects manager; adding the unclassified position of director of strategic initiatives; and declaring an emergency Reso No. 2011 -19 Relating to Administration; declaring the amendments to Marana Town Code Title 3 "Administration," amending sections 3 -1 -2, 3 -1 -3, 3 -2- 3, 3 -2 -4, 3 -2 -5, 3 -2 -8, 3 -2 -9, 3 -2 -10 and 3- 2 -11and adding section 3 -2 -14, revising positions appointed by, removed by and reporting to the town manager, deputy town manager, assistant town manager or general manager, updating certain position responsibilities to conform to current functions, changing the name of the position of special projects administrator to special projects manager, and adding the unclassified position of director of strategic initiatives, as a public record filed with the town clerk Discussion: This proposed ordinance amends the Town Code as discussed by the Council during the January 25, 2011, study session. This amendment comes as a result of a reorganization effort within the Town Manager's Office and aligns with the economic recovery plan (under strategic positions) previously discussed by the Council. The proposed amendments will provide flexibility to the Town Manager in assigning positions to report to the Town Manager, Deputy Town Manager, Assistant Town Manager or a General Manager, while clarifying that the Town Manager is the appointing authority for unclassified positions /town officers when it comes to hiring, removal and the setting of salaries. Additionally, the amendments add the new title of Director of Strategic Initiatives to the list of positions identified as "at will" positions as previously discussed. The responsibilities of this position will include oversight and management of all strategic initiatives involving economic development, heritage and community events, and communications and will manage the contract with the Town's lobbyist (currently Triadvocates). Regular Council Meeting - February 15, 2011 - Page 61 of 156 Another proposed amendment, which was not previously discussed with Council, is to change the currently existing title of Special Projects Administrator to Special Projects Manager, as this more accurately reflects the type of work that the Town Manager will assign to this position. Finally, the proposed amendments include revisions which simply update certain position responsibilities to conform to current functions. Financial Impact: The salary for the Director of Strategic Initiatives position will be set at $68,000. ATTACHMENTS: Name: Description: Type: O Ordin_re_ creation_ of_ strategic_initiatives_Director_ (00025007- 3).DOC Ordinance Ordinance El Reso declaring changes to_Title 3_a _public_record_ (00025008- 3).DOC Resolution Resolution D Exhibit to Ord._ amendment to Title_ 3_ Administration_ (00025011- 4).DOC Exhibit A Exhibit Staff Recommendation: Staff recommends approval of ordinance amending Title 3 of the Town Code. Suggested Motion: I move to adopt Ordinance No. 2011.03, amending the Marana Town Code Title 3 "Administration" and Resolution No. 2011 -19, declaring the amendments to the Marana Town Code Title 3 a public record. Regular Council Meeting - February 15, 2011 - Page 62 of 156 MARANA ORDINANCE NO. 2011.03 RELATING TO ADMINISTRATION; AMENDING MARANA TOWN CODE TITLE 3 "ADMINISTRATION," AMENDING SECTIONS 3 -1 -2, 3 -1 -3, 3 -2 -3, 3 -2 -4, 3 -2 -5, 3 -2 -8, 3 -2 -9 3 -2 -10 AND 3 -2 -11 AND ADDING SECTION 3 -2 -14; REVISING POSITIONS APPOINTED BY, REMOVED BY AND REPORTING TO THE TOWN MANAGER, DEPUTY TOWN MANAGER, ASSISTANT TOWN MANAGER OR GENERAL MANAGER; UPDATING CERTAIN POSITION RESPONSIBILITIES TO CONFORM TO CURRENT FUNCTIONS; CHANGING THE NAME OF THE POSITION OF SPECIAL PROJECTS ADMINISTRATOR TO SPECIAL PROJECTS MANAGER; ADDING THE UNCLASSIFIED POSITION OF DIRECTOR OF STRATEGIC INITIATIVES; AND DECLARING AN EMERGENCY WHEREAS the Town Council finds that the revisions to town administration established by this ordinance are in the best interests of the Town of Marana. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. The amendments to the Marana Town Code Title 3 "Administration," amending Sections 3 -1 -2, 3 -1 -3, 3 -2 -3, 3 -2 -4, 3 -2 -5, 3 -2 -8, 3 -2 -9, 3 -2 -10 and 3 -2 -11 and adding Section 3 -2 -14, 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. 2011 -xx 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. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this ordinance become immediately effective, an emergency is hereby declared to exist, and this ordinance shall be effective immediately upon its passage and adoption. Regul 15, 2011 - Page 63 of 156 _ 1 _ {00025007.DOC / 3} PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15'' day of February, 2011. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regul & 15, 2011 - Page 64 of t52 _ { 00025007.DOC / 3} MARANA RESOLUTION NO. 2011-19 RELATING TO ADMINISTRATION; DECLARING THE AMENDMENTS TO MARANA TOWN CODE TITLE 3 "ADMINISTRATION," AMENDING SECTIONS 3 -1 -2, 3 -1 -3, 3 -2 -3, 3 -24, 3 -2 -5, 3 -2 -8, 3 -2 -9, 3 -2 -10 AND 3 -2 -11 AND ADDING SECTION 3 -2 -14, REVISING POSITIONS APPOINTED BY, REMOVED BY AND REPORTING TO THE TOWN MANAGER, DEPUTY TOWN MANAGER, ASSISTANT TOWN MANAGER OR GENERAL MANAGER, UPDATING CERTAIN POSITION RESPONSIBILITIES TO CONFORM TO CURRENT FUNCTIONS, CHANGING THE NAME OF THE POSITION OF SPECIAL PROJECTS ADMINISTRATOR TO SPECIAL PROJECTS MANAGER, AND ADDING THE UNCLASSIFIED POSITION OF DIRECTOR OF STRATEGIC INITIATIVES, 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 the Marana Town Code Title 3 "Administration," amending Sections 3 -1 -2, 3 -1 -3, 3 -2 -3, 3 -2 -4, 3 -2 -5, 3 -2 -8, 3 -2 -9, 3 -2 -10 and 3 -2 -11 and adding Section 3 -2 -14, 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, is 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 15 day of February, 2011. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting - February 15, 2011 - Page 65 of 156 {00025008.DOC / 3} EXHIBIT A TO MARANA RESOL UTION NO. 2011 -19 Amendments to the Marana Town Code Title 3 "Administration, " pursuant to Marana Ordinance No. 2011.03 SECTION 1 . Section 3 -1 -2 of the Marana Town Code is hereby revised as follows with added text shown with double underlining and deletions shown with s tike- : Section 3 -1 -2 Positions appointed by the town council, town manager, deputy town manager, assistant town managers n r managers & department heads [Paragraphs A and B remain unchanged] C. The following positions shall report to the town manager, shall be appointed from time to time by the town manager, shall have no term of office, shall be at -will, and shall work at the pleasure of the town manager. 1. Deputy town manager 2. Assistant town managers 3 . -r,,., k 4 T g \A /n engineer Town attorney D. The following positions shall report to the town manager, except that the town manager may designate in writing that one or more of these positions shall report to the deputy town manager, of an assistant town manager or a general . Each of these positions shall be appointed from time to time by the town manager, deputy town Frianagei: or assistant town manager to whem he or sh 'epefts Each of these positions shall have no term of office, shall be at -will, and shall work at the pleasure of the town manager, deputy ew�w Frianager eF assistant town manager to whem he OF she Fepeft. 1. Town clerk 2. Town engineer 3.4 Department heads 4.2L. Special projects administrate, manaaer 5-3 Assistants to the town manager 14. General managers 7. Director of strategic initiatives E. All other personnel who are employed under a general manager or department head shall be hired by theif general manager or department head, with the approval of the town manager, deputy town manager or assistant town manager to whom the general manager or department head reports, and shall work at the pleasure of their general manager or department head, as provided in this code and the town personnel policies. [Paragraph F remains unchanged] Regular Co wq,% ruary 15, 2011 - Page 66 of 156 1 EXHIBIT A TO MARANA RESOLUTION NO. 2011 -19 Amendments to the Marana Town Code Title 3 "Administration, " pursuant to Marana Ordinance No. 2011.03 SECTION 2 . Paragraph B of section 3 -1 -3 of the Marana Town Code, entitled "Classification of employees" is hereby revised as follows with added text shown with double underlining and deletions shown with strike out test B. Unclassified Service Persons comprising unclassified service are part of a responsive management team that exists to carry out the goals and policies of the town. Unclassified employees are "at- will" employees. "At- will" employment is defined as employment that may be terminated upon the will of the employer or employee, at any time with or without cause. With the exception of the town manager, at -will employees do not have employment contracts, are not guaranteed any minimum length of employment, and do not have access to the personnel action review board procedures. Unclassified employees are not subject to the salary schedule, and shall be paid according to performance and qualifications, to be determined by the town. However, unclassified employees shall receive any general salary increases that may be granted from time to time, except that the town manager shall only receive general salary increases if they are provided for in an employment contract duly authorized by the council. The following shall be unclassified employees: 1. Town manager 2. Deputy town manager 3. Assistant town managers 4. Town clerk 5. Town engineer 6. Town attorney 7. Department heads 8. Special projects M ministrate manager 9. Assistants to the town manager 10. General managers 11. Assistant chief of police 12. Police commander 13. Director of strategic initiatives Regular Co "% ruary 15, 2011 - Page 67 of 156 2 EXHIBIT A TO MARANA RESOLUTION NO. 2011 -19 Amendments to the Marana Town Code Title 3 "Administration, " pursuant to Marana Ordinance No. 2011.03 SECTION 3 . Paragraph A of section 3 -2 -3 of the Marana Town Code, entitled "Assistant town manager," is hereby revised as follows with deletions shown with s trike- ,,,� A. Office established The position of assistant town manager is hereby created and established. One or more assistant town managers shall be appointed by the town manager, consistent with budget authority approved by the town council, and shall perform the duties of the office of the town manager as delegated under the general and specific direction of the town manager . At the town manager's discretion, one or more assistant town manager positions may be identified by their specifically delegated responsibilities and not as assistant town manager. SECTION 4. Section 3 -2 -4 of the Marana Town Code is hereby revised as follows with added text shown with double underlining Section 3 -2-4 Town clerk A. Office established The office of town clerk is hereby created and established. The town clerk shall be appointed by the town manager and shall perform the duties of the office of town clerk under the general and specific direction of the town manager deputy town manager or assistant town manager to whom he or she reports [Paragraphs B and C remain unchanged] D. Powers and duties The town clerk shall have those powers and duties set forth by state law as well as town ordinance, resolution, order or directive. In addition to the powers and duties set forth above, it shall be the town clerk's responsibility and authority to perform the following: [Subparagraphs 1 through 7 remain unchanged] 8. The town clerk shall issue or cause to be issued all licenses that may be prescribed by state statute, town ordinance or this code unless the town manager has designated another town employee as the license inspector for ain types of licenses under the provisions of this cod [Subparagraphs 9 and 10 remain unchanged] Regular Co ti� ruary 15, 2011 - Page 68 of 156 3 EXHIBIT A TO MARANA RESOLUTION NO. 2011 -19 Amendments to the Marana Town Code Title 3 "Administration, " pursuant to Marana Ordinance No. 2011.03 SECTION 5. Paragraph A of section 3 -2 -5 of the Marana Town Code entitled "Town engineer" is hereby revised as follows with added text shown with double underlining A. Office established The office of town engineer is hereby created and established. The town engineer shall be appointed by the town manager and shall perform the duties of the office of town engineer under the general and specific direction of the town manager deputy town manager. assistant town manager or general manager to whom he or she reports SECTION 6. Section 3 -2 -8 of the Marana Town Code is hereby revised as follows with added text shown with double underlining and deletions shown with strike out Section 3 -2 -8 Department heads A. Offices established The positions of department heads are hereby created and established in accordance with section 3 -1 -2. Each department head shall be appointed, suspended or removed by and shall ^ °'f^F^' th^iF d ,, the town manager, deputy town MaRage B. Compensation Department heads shall receive such compensation as the town manager, OF she F°^ shall fix from time to time. C. Duties Each ldepartment heads shall be charged with the responsibilities set forth by and shall perform the duties of #k & his or her office under the general and specific direction of the town manager, deputy town manager, of assistant town manager or general manager to whom he or she reports. SECTION 7. Section 3 -2 -9 of the Marana Town Code is hereby revised as follows with added text shown with double underlining and deletions shown with strike - t : Section 3 -2 -9 Special projects admiRiStFatef manager A. Office established The position of special projects a dMinis#fatof manager is hereby created and established. The special projects administfatef manager shall be appointed as set forth in section 3 -1 -2 and shall undertake special projects as delegated by the town manager's office from time to time. B. Compensation The special projects adfniRis#ra#ef manager shall receive such compensation as the appointing officer shall fix at the time of appointment, and the compensation shall be a proper charge against the funds of the town. Regular Co lftt'% ruary 15, 2011 - Page 69 of 156 4 EXHIBIT A TO MARANA RESOL UTION NO. 2011 -19 Amendments to the Marana Town Code Title 3 "Administration, " pursuant to Marana Ordinance No. 2011.03 C. Powers and duties The special projects admin+stfate shall be responsible to and shall undertake all duties delegated by the town manager, deputy town manager 8r assistant town manager or general manager to whom he or she reports SECTION 8. Paragraph A of section 3 -2 -10, entitled "Assistants to the town manager," is hereby revised as follows with deletions shown with str-il ° out te- : A. Office established The position of assistant to the town manager is hereby created and established. Consistent with budget authority approved by the town council, assistants to the town manager shall be appointed as set forth in section 3 -1 -2 and shall perform such duties and functions as delegated by the town manager, deputy town manager or assistant town manager-,--by m2merandwm, from time to time through the hi Oman reSG Urnec. depaFtmerf SECTION 9. Section 3 -2 -11 of the Marana Town Code is hereby revised as follows with deletions shown with strike Aut t°- Section 3 -2 -11 General managers A. Offices established The positions of general managers are hereby created and established in accordance with section 3 -1 -2. Each general manager shall be appointed, suspended or removed by the town manager, B. Compensation General managers shall receive such compensation as the town manager, er s he repGft shall fix from time to time. C. Duties General managers shall be charged with the responsibilities set forth by and shall perform the duties of their office under the general and specific direction of the town manager, deputy town manager or assistant town manager to whom he or she reports. SECTION 10. New section 3 -2 -14 is added to the Marana Town Code, as follows: Section 3 -2 -14 Director of strategic initiatives A. Office established The position of director of strategic initiatives is hereby created and established in accordance with section 3 -1 -2. The director of Regular Council M@O- %i WPAY, 15, 2011 - Page 70 of 156 5 EXHIBIT A TO MARANA RESOLUTION NO. 2011 -19 Amendments to the Marana Town Code Title 3 "Administration, " pursuant to Marana Ordinance No. 2011.03 strategic initiatives shall be appointed, suspended or removed by the town manager. B. Compensation The director of strategic initiatives shall receive such compensation as the town manager shall fix from time to time. C. Duties The director of strategic initiatives shall be charged with the responsibilities set forth by and shall perform the duties of his or her office under the general and specific direction of the town manager, deputy town manager or assistant town manager to whom he or she reports. Regular Council M " "-% Wituffl, 15, 2011 - Page 71 of 156 6 iA? IIIIIIIIYIIIIWY� A NA 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, February 15, 2011, 7:00:00 PM To: Mayor and Council Item C 7 From: T VanHook , Community Development Director Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2011 -20. Relating to Community Development; authorizing the Town Manager to apply for grant funding from the Governor's Office of Highway Safety under the Highway Safety Program (23 U.S.C. Section 402) to support the Marana Police Department's purchase of new motorcycle units and participation on the Southern Arizona DUI Task Force Discussion: The Town of Marana is submitting two proposals for funding to the Governor's Office of Highway Safety for programs addressing the needs of the community. The Town's applications will include a request for funding to allow the purchase of three motorcycles for the Marana Police Department intended to expand the Town's enforcement abilities for both aggressive and impaired drivers. In a separate application, the Town is requesting funding for Marana's continued participation on the Southern Arizona DUI Task Force, increasing the number of marked patrol units on the streets during peak DUI times and in targeted locations. This increased activity will serve as a deterrent and by increased formal enforcement action reduce the number of impaired drivers on Arizona roadways. The Town will provide event - specific, department- initiated DUI enforcement and work as part of the Southern Arizona DUI Task Force in a coordinated effort to reduce the number of individuals under the influence through enforcement and education efforts. The goals and objectives stated in the grant are as follows: Goal 1: Raise drivers' awareness about the speeds at which they are driving through the Town's school zones and residential streets, thereby reducing speeds and the potential for traffic accidents. Objective 1.1: Reduce speeding conditions through school zones and residential streets. Objective 1.2: Reduce speeding conditions through construction zones and congested high - traffic areas. Goal 2: Reduce the number of DUI incidents and collisions within the Town of Marana and thereby preserve life and property. Regular Council Meeting - February 15, 2011 - Page 72 of 156 Objectives 2.1: Reduce the number of DUI - related collisions in the region. Marana will be initiating a coordinated education and enforcement effort during the key commute times in the areas that statistically show the highest incidence of aggressive drivers, high speeds and collisions. The Marana Police Department is confident that by taking this two- pronged approach for addressing the problems associated with speeding and aggressive drivers it can reduce the number of collisions, serious injuries and deaths among its citizens. Financial Impact: The Town will be responsible for the operation, maintenance and replacement costs of the motorcycle units. DUI Task Force funding is for overtime and employee - related expenses only. Any other costs related to the activities are the Town's responsibility. ATTACHMENTS: Name: Description: Type: E] Reso_ authorizing Town_Mgr tc apply_for_GOHS _grants_ (000251.26).DOC Resolution Resolution Staff Recommendation: Staff recommends that the Mayor and Council authorize the Town Manager to submit grant applications for and execute all documents related to GOHS funding for enforcement programs during FY 2011 -2012. Suggested Motion: I move to adopt Resolution No. 2011 -20, authorizing the Town Manager to apply for grant funding from the Governor's Office of Highway Safety under the Highway Safety Program to support the Marana Police Department's purchase of new motorcycle units and participation on the Southern Arizona DUI Task Force. Regular Council Meeting - February 15, 2011 - Page 73 of 156 MARANA RESOLUTION NO. 2011-20 RELATING TO COMMUNITY DEVELOPMENT; AUTHORIZING THE TOWN MANAGER TO APPLY FOR GRANT FUNDING FROM THE GOVERNOR'S OFFICE OF HIGHWAY SAFETY UNDER THE HIGHWAY SAFETY PROGRAM (23 U.S.C. SECTION 402) TO SUPPORT THE MARANA POLICE DEPARTMENT'S PURCHASE OF NEW MOTORCYCLE UNITS AND PARTICIPATION ON THE SOUTHERN ARIZONA DUI TASK FORCE WHEREAS the Governor's Office of Highway Safety (GOHS) is seeking proposals from state and local agencies for projects relating to all aspects of highway safety; and WHEREAS the Town of Marana is interested in submitting projects to be considered for funding in the form of reimbursable grants from the National Highway Traffic Safety Administration; and WHEREAS the Town of Marana recognizes its duty to protect its citizens through effective police powers; and WHEREAS the Marana Police Department is working to increase enforcement to reduce excessive speeding and the number of impaired drivers on Arizona roadways; and WHEREAS grant funding will allow the Marana Police Department to support the purchase of motorcycle units and overtime pay for police officers participating in the Southern Arizona DUI Task Force deployments. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Town Manager is authorized to submit grant applications and execute all documents related to GOHS funding for the Marana Police Department during fiscal year 2011 -2012. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15 day of February 2011. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting - February 15, 2011 - Page 74 of 156 {00025126.DOC /} ARAN T 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, February 15, 2011, 7:00:00 PM To: Mayor and Council Item C 8 From: T VanHook , Community Development Director Strategic Plan Focus Area: Recreation Strategic Plan Focus Area - Additional Information: The "Recreation" focus area of the Marana Strategic Plan contains as an action strategy "Continue development of the shared -use path along the Santa Cruz River." Subject: Resolution No. 2011 -21: Relating to Community Development; authorizing the execution of an intergovernmental agreement with the Arizona Department of Transportation for the completion of the Santa Cruz River Shared Use Path Discussion: The Santa Cruz River Shared Use Path (Phase IIl) is a 2.7 mile long stretch of trail running along the northeastern bank protection of the Santa Cruz River. The northern boundary will link to previously completed segments of shared -use path and will trigger the construction, per a signed development agreement, of a 0.7 mile extension along the Central Arizona Project Canal (CAP) Trail funded by the developer. Completion of these sections will connect existing neighborhoods, new residential developments, and schools to proposed commercial development providing residents of Northern Marana an alternate transportation route for work, play, and shopping. The project includes a fourteen (14) foot wide shared -use path featuring 5 rest nodes with benches featuring tile mosaic seats created by Marana High School students, desert landscaping, irrigation, signage, and connections to existing trail segments. The path will be accessible from entry points within both the Gladden Farms and Heritage parks to the north and the CAP trail from the south. The path is intended to accommodate non - motorized users including pedestrians, joggers, in -line skaters, bicyclists, and individuals using wheelchairs and other assistive equipment. This project application and authority for the match funding was approved by Mayor and Council under Resolution No. 2007 -121. Financial Impact: Total cost of the proposed project is $1,095,835. The Town of Marana has been awarded $500,000 in federal funds administered through the Arizona Department of Transportation. Marana will provide $30,223 in matching funds and $565,612 to complete the project. Regular Council Meeting - February 15, 2011 - Page 75 of 156 ATTACHMENTS: Name: Description: Type: LI SUP _Phase_III_agreement_with_ADOT_ (00025127).DOC Resolution Resolution Staff Recommendation: Staff recommends approval of Resolution No. 2011 -21, authorizing the execution of an intergovernmental agreement with the Arizona Department of Transportation for the completion of the Santa Cruz River Shared Use Path. Suggested Motion: I move to adopt Resolution No. 2011 -21, authorizing the execution of an intergovernmental agreement with the Arizona Department of Transportation for the completion of the Santa Cruz River Shared Use Path. Regular Council Meeting - February 15, 2011 - Page 76 of 156 MARANA RESOLUTION NO. 2011-21 RELATING TO COMMUNITY DEVELOPMENT; AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA DEPARTMENT OF TRANSPORTATION FOR THE COMPLETION OF THE SANTA CRUZ RIVER SHARED USE PATH WHEREAS the Town of Marana passed a Trail System Master Plan in July 2000 and Parks Master Plan in 2010 to provide a framework for development of trails connecting parks, schools, residential neighborhoods, shopping, and other community facilities; and WHEREAS the Town of Marana is participating in completing an interconnected trail system linking to the Juan Bautista de Anza National Historic Trail, Central Arizona Project Canal Trails, and the Santa Cruz River riparian trail system; and WHEREAS the Town of Marana recognizes the vital role that Marana's trail system plays in regional efforts to enhance transportation circulation and is actively working to complete the Northwest Marana — Santa Cruz River Shared Use Path (Phase III); and WHEREAS the Arizona Department of Transportation (ADOT) administers the Federal Highway Administration's transportation enhancement program that makes funding available through a competitive statewide application process to support construction of projects such as this trail system and has awarded the Town of Marana funding under this program to build a portion of the Santa Cruz Shared Use Path (Phase III). NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, the Town Manager is authorized to execute an intergovernmental agreement with ADOT and take any other appropriate actions required to complete the requirements for construction of the Santa Cruz River Shared Use Path (Phase III). PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15 day of February, 2011. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting - February 15, 2011 - Page 77 of 156 {00025127.130C /} MANN 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, February 15, 2011, 7:00:00 PM To: Mayor and Council Item C 9 From: T VanHook , Community Development Director Strategic Plan Focus Area: Not Applicable Subject: Re No. 2011 -22. Relating to Community Development; approving and authorizing extensions to intergovernmental agreements with the City of Tucson and the Regional Transportation Authority of Pima County for sharing of costs involved in the provision of public transit services to the Town of Marana for fiscal year 2010- 2011 Discussion: Over the past three years, Marana's transit services have expanded to provide transportation to more than 50,000 riders annually. By partnering within the region, the Town is able to reduce the overall cost of service provision and increase the opportunities for Marana residents to link seamlessly to the wider - reaching regional transit system. For nearly 20 years, the Town has partnered with the City of Tucson and Sun Tran to provide services along the Ina Road business corridor. The 2010 -2011 pending intergovernmental agreement with Tucson will provide for the continuation of services that include: Sun Tran Route 16 service along Ina Road and to downtown Tucson via Oracle Road; Sun Express routes 102x, 103x, 104x, and 202x with connections to Oro Valley, the Aero Park, and downtown Tucson; and the new neighborhood circulator services (Sun Shuttle). City of Tucson Contract No. 21576 is an intergovernmental agreement between the City of Tucson and Town of Marana for provision of fixed -route bus service for designated areas of Marana (Sun Tran Routes 16B and 102x) wherein the Town agrees to pay the City an amount to not exceed $68,000. This figure represents a reduction from the $71,400 IGA amount for FY 2010 -2011. The Town, working closely with Pima County, the City of Tucson, the Town of Oro Valley, the Town of Sahuarita and the PAG/RTA Transit Working Group, initiated enhanced regional transit services in 2008 and is continuing to look at both short-range and long -range plans to better meet the needs of the community. The RTA Working Group's efforts have concentrated on: (1) increasing accessibility to transit services; (2) providing unserved and underserved areas with new transit routes; and (3) coordinating service schedules, rates, safety, planning, and marketing throughout the region. During FY 2009 -2010, the working group rerouted services to help connect the Dove Mountain Regular Council Meeting - February 15, 2011 - Page 78 of 156 Sun Shuttle to the transit center at the Tucson Mall, more than doubling ridership in the first two months. Currently, transit services within the Town include: (1) Marana Sun Shuttle Routes 410, 411, 412, and 413 (Town- funded), providing services throughout the Town and connections with both Sun Tran and Sun Express routes; (2) Sun Tran Route 16 (Town - funded) running along Ina Road to Oracle Road; and (3) Sun Express routes 102x (Town- funded), 103x, 104x, and 202x providing connections to Oro Valley, the Aero Park, and downtown Tucson. Financial Impact: The Town will be extending two separate IGAs for the provision of transit services within the Town's boundaries. (1) City of Tucson Contract No. 16487 — Intergovernmental Agreement between the City of Tucson and Town of Marana for provision of fixed -route bus service for designated areas of Marana (Sun Tran Routes 16B and 102x) with the Town agreeing to pay the City an amount to not exceed $68,000.00 (down from $71,400 for FY 2009 - 2010). (2) Regional Transportation Authority - Intergovernmental Agreement between the Regional Transportation Authority of Pima County and Town of Marana for provision of transit service establishing the parameters for the provision of neighborhood circular and grant funded Job Access Reverse Commute (JARC) within the Town limits and establishing a cost share formula. The Town's estimated financial obligation is $74,900. The Town of Marana's combined cost share for these three IGAs equals $142,900. These costs are paid with funding received from the State of Arizona's LTAF and LTAF II programs and have been budgeted. ATTACHMENTS: Name: Description: Type: O Resolution_extending _ transportation_IGAs_ (00025158).DOC Resolution Resolution El Transit IGA RTA JARC 2010- 2011.doc RTA IGA Exhibit Staff Recommendation: Staff recommends approval of Resolution No. 2011 -22, extending IGAs with the City of Tucson and the RTA for sharing of cost involved in the provision of public transit services to the Town of Marana for fiscal year 2010 -2011. Suggested Motion: I move to adopt Resolution No. 2011 -22, approving and authorizing extensions to intergovernmental agreements with City of Tucson and the Regional Transportation Authority of Pima County for sharing of costs involved in the provision of public transit services to the Town of Marana for fiscal year 2010 -2011. Regular Council Meeting - February 15, 2011 - Page 79 of 156 MARANA RESOLUTION NO. 2011-22 RELATING TO COMMUNITY DEVELOPMENT: APPROVING AND AUTHORIZING EXTENSIONS TO INTERGOVERNMENTAL AGREEMENTS WITH THE CITY OF TUCSON AND THE REGIONAL TRANSPORTATION AUTHORITY OF PIMA COUNTY FOR SHARING OF COSTS INVOLVED IN THE PROVISION OF PUBLIC TRANSIT SERVICES TO THE TOWN OF FOR FISCAL YEAR 2010 -2011 WHEREAS the Town of Marana recognizes the need to provide transit services to its residents; and WHEREAS the City of Tucson and the Regional Transportation Authority of Pima County currently operate fixed- route, circulator, and express transit services within Town of Marana boundaries; and WHEREAS the Town wishes to maintain cost sharing agreements with each of these entities for the provision of transit services within the Town of Marana services for its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, approving and authorizing the Town Manager and staff to execute extensions to intergovernmental agreements with the City of Tucson and the Regional Transportation Authority of Pima County for the provision of transit services for FY 2009 -2010. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15 day of February 2011. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting - February 15, 2011 - Page 80 of 156 TOWN OF MARANA AMENDMENT TO INTERGOVERNMENTAL AGREEMENT RECORDED IN DOCKET. 13655, PAGE 2201 Resolution 2009 -66, 10 -01 -09 PROJECT: RTA Proiect 46 — Town of Marana — Provision of Transit Service TIP Number - Multiple PARTIES: Town of Marana and Regional Transportation Authority AMENDMENT NO. 1 ORIGINAL TERM: June 30, 2010 ORIGINAL AMOUNT: $41,244.62 CURRENT TERMINATION DATE: June 30, 2010 PRIOR AMENDED AMOUNT $ 0.00 AMENDED TERMINATION DATE: June 30, 2011 AMOUNT THIS AMENDMENT $74,900.00 NEW AMENDED TOTAL $116,144.62 AMENDMENT NUMBER 1 WHEREAS, the Regional Transportation Authority of Pima County (RTA) has entered into an Intergovernmental Agreement (IGA Number 13655 -2201 with the Town of Marana to provide transit services in the Town of Marana. WHEREAS, the original IGA funding amount included $3,356.00 in RTA funding and $41,244.62 in funding from the Town of Marana for Sun Shuttle Route 413; and WHEREAS, Amendment Number 1 extends the IGA terms for fiscal year 2010/2011 during which the RTA will provide $10,800.00 and the Town of Marana will contribute $74,900.00 to fund the operation of the transit service for FY2010 /2011. NOW, THEREFORE, the Agreement is amended as follows: CHANGES: Exhibit B attached hereto and incorporated herein by reference increases RTA funding for transit operations of the Sun Shuttle Route 413 From: "...$3,356.00" To: "...$10,800.00" Exhibit B attached hereto and incorporated herein by reference increases Town of Marana funding for transit operations of the Sun Shuttle Route 413 From: "...$41,244.62" To: "...$74,900.00" The effective date of this Amendment shall be July 1, 2010. All other provisions not specifically changed by this Amendment shall remain in full force and effect and will be extended through the end of fiscal year 2010/2011. Regular Council Meeting - February 15, 2011 - Page 81 of 156 Page I of 2 In Witness Whereof, the Regional Transportation Authority of Pima County has caused this Amendment to be executed by its Chair of the Board and attested by the Executive Director, and the Town of Marana has caused this Amendment to the Agreement to be executed by the Mayor of the Town of Marana and attested by its Town Clerk. REGIONAL TRANSPORTATION AUTHORITY Jennifer Eckstrom, Chair of the Board Date ATTEST: Gary G. Hayes, Executive Director Date TOWN OF MARANA Ed Honea, Mayor Date ATTEST: Town Clerk Date ATTORNEY CERTIFICATION The foregoing Amendment to the Agreement by and between the Regional Transportation Authority of Pima County and the Town of Marana has been reviewed pursuant to A.R.S. 11 -952 by the undersigned who have determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to those parties to the Agreement represented by the undersigned. Regional Transportation Authority of Pima County Thomas Benavidez, Attorney for the Authority Date Town of Marana Town Attorney Date Regular Council Meeting - February 15, 2011 - Page 82 of 156 Page 2 of 2 MARANA / 1 \ TOWN AF MARANA MARANA TOWN COUNCIL STUDY SESSION MINUTES BOARD ROOM 11555 W. Civic Center Drive, Marana, Arizona 85653 Date: January 25, 2011 Time: 6:00 pm. Ed Honea, Mayor Herb Kai, Vice Maur Russell Clanagan, Council Member Patti Comerford, Council Member Carol McGorray, Council Member Jon Post, Council 1C ,ember Roxanne Ziegler, Council Uember ACTION MAY BE TAKEN BY i COUNCIL ON AN- Y ITEM LISTED ON THIS AGENDA. Revisions to the agenda aak, occur up to 24 hours prior -ti) the meeting. Revised agenda items appear in cttr* -'he Council Chambers are wheelchair and handicapped accessible. Any p-son who, by reason of any disability, is in need of special services as a r►nit of their disability, such as assistive listening devices, agenda materials printedin Bi41ff , Ar lame -I riot, a signer for the hearing impaired, �"_ etc., will be acCVmmodated.S>�ch speclal'services are available upon prior request to the Town "Clerk at lea 10 wat`ling days prior to the Council meeting. A CAL TO ORDERlROLL'CALL Ma�Honea call `the meeting to order at 6:01 p.m. Town Clerk Bronson called`ro,11. All Council Members were present except for Council Member Post, who was excused.; "She noted that there was a quorum present. B. PLEDGE OP ALLEGIANCE Led by Mayor Honea. C. APPROVAL OF AGENDA Motion to approve moved by Council Member McGorray, second by Council Member Comerford. Motion carried unanimously. D. ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Strategic Plan Priority Issues Gilbert Davidson provided an overview and reflection of the Strategic Plan accomplishments, improvements and recommendations which were adopted Regular Council Meeting - February 15, 2011 - Page 83 of 156 1 January 25, 2011 Study Session Minutes in 2009. He noted that Council will also be asked to assign priorities for FY '12 and FY '13. He will conclude his presentation with an introduction of the economic recovery plan as revenues start to improve and some organizational restructuring to be more consistent with the Strategic Plan objectives. Mr. Davidson started with Commerce as the foundation of the Strategic Plan. In- progress is a business directory that will be part of our website redesign; strategic annexations will be brought to Council over the next several months that will be important to the town's long -term success; and infrastructure work at the airport, including wastewater and potable water improvements and lease modifications with the FBO._-He then noted two recommendations of importance to add to a revised rate i s Plan, one of which would be complete infrastructure of the mater plan with representation from all utilities. He indicated that he wants tp'take things out of the Strategic Plan that are redundant in the day to day operations. Progress and Innovation. In- ro ress the reen building dram and a g p g g� g � town -wide safety committee. The I& me o recommended chang'" this time. $ " Heritage. In- progress is the expansion of Foh ders' Day as a weekend event; and inclusion of the history &%ture content 6iftbe new website so that the general public has access to it," mmended cha ge's are to evaluate the need for Heritage and Arts Board or COmmission, taff recommends removal from the Plan as mother commis0:' The flincton should be with the Heritage Coi seiv," 0 Communit Building. In- progress i� th'e website redesign; Honea Heights Affordable Housing Pr J� working with schools to locate new facilities ui" M11 . Recreation. Jn ,progrd§ e multi -event Western Heritage Complex; and developing a Bureau of Reclamation park site. Recommended changes are to develop a CAP reliability reservoir as a recreational amenity but remove from the joon as it is no longer a priority. Develop an IGA with State Land to contril ff rouse in the Tortolita Fan — revise the language to include `working '' th" jurisdictions - State Land and federal government' — so it's just an expann of the explanation. He would also like to perform a cost/benefit analysis of joining various tourism and marketing agencies, including the Metropolitan Tucson and Convention Visitors Bureau. He is recommending removal from the Plan. Mr. Davidson stated that we are coming to the end of the useful life of this particular Plan. We have accomplished most of the major areas contained within the Plan. His recommendation is to target this fall to have an extended retreat to start working on Vol. 11 of the Strategic Plan, coming up with new ideas and goals for this document. Regular Council Meeting - February 15, 2011 - Page 84 of 156 2 January 25, 2011 Study Session Minutes Setting Priorities. Next he set the stage for FY '12 regarding key issues and Council priorities. Council worked to assign primary or secondary issues for FY '12 and FY '13. Attached as part of these minutes are the results of the priority setting exercise. Marana Economic Recovery Plan. This is separated into three parts: current Marana staff, resources and strategic positions. Current staff should be the number 1 priority. All of the things we provide to keep employees here - to reward and retain employee talent, to keep them engaged, motivated and to attract them to our community. So it's not only pay, it's the benefits, the health insurance, the educational credit — employee empowerment. We need to be mindful of whether we can provide benefits o a onetime basis or as an ongoing basis. Council discussion ensued, and several suggestions were made which will be transmitted to the committee working cis plan. Council would also like to have management look at „pformaneeaased evaluations. Resources. The second area of importance is vehicles, computers for operations, and all of the equipment artdaooIs in =the field and fa ities. Strategic positions. There are two parts tb 1ls. We have made tough choices over the past three years, reducing the_ e of our operation — going from 370 to 300 employees, lutjhe amount of work._ha not declined. We are going to need to start looking at po tio.ns that will have to come back, including leadership positions man.p'artments'. He reviewed some of the positions he has been considering, ernphasiz�ig that finding the right person to come into thin of g Lion saves money and time. Mr. Davidson, stated that we will need. to do some restructuring as we move forward with thetate�o Plan. This "will help us improve how we are doing bgsir a s. = . The first =is on going— e eputy town manager. The other position — and we would be one of the only jurisdictions across the state to have this — is to put Joshtght into th,role of heading of office of strategic initiatives. pis group w1 charged with working with department heads and general �iiiinagers and is to focus on things related to the strategic plan. This will - takvus,to the new level of innovation and community engagement and _:, empowerment He then outlined other structural changes to help the orgamzat>ein,lie more successful moving forward. This concept allows for better sharing of more information. The remainder of the items are study session items brought forward by Council request. City vs. Town designation. Mr. Davidson noted that this item has come forward previously. We've had a request from a member of the public who would like Marana change from a town to a city. By becoming a city, there is absolutely no change in how we would operate — no benefit or gain. We could be a town of two million people and operate exactly the same way. The only difference in becoming a city is that you could have a charter. But having a Regular Council Meeting - February 15, 2011 - Page 85 of 156 3 January 25, 2011 Study Session Minutes title of `city' does not mean you are a chartered city. It just means that you can elect to have a charter. Nothing new has been added since this was brought before Council previously. Council Member Comerford noted that David Morales had sent her a letter that he wanted to make sure all Council Members received and which she distributed. She noted that his main point is that the Council doesn't have the right to decide whether Marana becomes a city or stays a town, and it should go before the voters. Frank Cassidy stated that Council actually does have the right to decide that per statute. Council Member Ziegler asked if any other citizens have asked to have this addressed. Mr. Davidson responded that he wasn't aware of anyone else. Council Member Ziegler said that in the absence of a,lnajority of citizens coming forward to have this change, Council has done its `due diligence and presented the facts to the public in open sessions Council Member Comerford made a motion to put th�issue of city versus town to rest due to the fact that there is-no benefit to the 6" based on rigorous research, Second by Council Member Ziegler. Mutton-carried unanimously. Citizen Advisory Commissions. Mr. Davison noted this item has been raised every few months wjo whether all the ommissions are equally engaged in their tasks and th fl understanding,ihir purpose. Council discussion ensued to review the ffifietion of Council' appointed commissions and to revisit this item in a couple of m` 1 Inter -faith CoIun Council Member Comerford led the discussion by stating ft(she's had onversations:;with a variety of pastors who've said they would like * get inv,ived with the town by perhaps having monthly or bi- monthly meet A ii4ve been bequests for invocations at town events . and Ouncil Meetings, and this group could meet that need. They would be a self - governing gro»p.who would be available on a volunteer basis to be at z special events .Council Member Comerford will be happy to coordinate the effort. Or, zationallnhancement to meet strategic needs. This item was _; addressl,earllest in Mr. Davidson's presentation and required no further discussi r6 his time. TREO. Mayor Honea led the discussion by noting that he and Mr. Davidson met with one of the co- chairs, Lisa Lovalo, and talked over some past history between Marana and the organization. Discussion followed. Mr. Davidson indicated that TREO has changed dramatically it is a much different organization than when it was essentially run by the City of Tucson and Pima County. The Board structure has changed, and the thought process has changed. Council is willing to listen if TREO comes to Marana and tells us what they're going to do for the town, but no commitment would be forthcoming just on that basis. Regular Council Meeting - February 15, 2011 - Page 86 of 156 4 January 25, 2011 Study Session Minutes Mr. Davidson concluded the working session with an update on various housekeeping items and noted that there was one item for discussion in an executive session, E 2. E. EXECUTIVE SESSION A motion to go into executive session on Item E 2 was made by Council Member Clanagan, second by Vice Mayor Kai at 8: 57 p.m. Motion carried unanimously. E 1: Executive Session - pursuant to A.R.S. §38- 431.03(A)(3), Council may ask for discussion or consultation for legal advice witlujue Town Attorney concerning any matter listed on this agenda. E 2: Executive Session pursuant to ARS 38 -431 03WO) and (4) for legal advice and to direct town representatives concerning thelease between the Town of Marana and Arizona State Lana Department for "t ,Tortolita Preserve Motion moved by Council Member Comerford, second by Vice Mayor Kai for Mr. Cassidy to proceed as directed in executive'session. Motion carried unanimously. F. ADJOURNMENT Motion to adjourn moved by Council Me ber lanagan, second by Vice Mayor Kai. Motion carried unanimously It 94­18p m. CERTIFICATION I hereby certi 1� t�ia ; tk►e r� are tk> true and correct minutes of the Marana , .. $ Tows "O, il. held on fAtW&y 25, 2011. I further certify that a quorum iAs present y Jocelyn C. Bronson; Town Clerk Regular Council Meeting - February 15, 2011 - Page 87 of 156 5 January 25, 2011 Study Session Minutes REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, February 1, 2011, at or after 7:00 PM Ed Honea, Mayor Herb Kai, Vice Mayor Russell Clanagan, Council Membe>� Patti Comerford, Council Member Carol McGorray, Council ember ' Jon Post, Council Membe Roxanne Ziegler, C cil Member REGULAR COUNCIL SING .,y CALL TO ORDER AND ROLL CAS Mayor Honea called the meeting to order at 7:01 p.m. Town :Clerk Bronson called roll. Vice Mayor Kai and Council Member M+cGorray were excused'. A quorum was present. PLEDGE OF ALLEGIANCEVINVOCATI(�N/MOMEN F SILENCE Led by Mayor Honea Mai6 asked"that the audience have a moment of silence in remembrance of Pim County Sheriff's Office, pilot Loren Leonberger, and Dennis Skelton, husband of T` of S4,huarita Mayor Lynne Skelton. APPROVAL OF` "NDA'' Motion $6 approve m� by C640cil Member Clanagan, second by Council Member Posl. "n carried u� mously. CALL TO THE , Jolene Camp"addresse Council regarding the Marana Can Do 5k walk/run on February 5, 2011 the noted that all non - perishable food donations will be given to the Marana Community Fabd Bank. Food donations are in lieu of the registration fee. Herb Fisher spoke to Council regarding two questions (1) there is a large mound of dirt in the southwestern corner of the new health center property, and he would like to know what that is for; and (2) has there been any consideration for a heliport at the new clinic. Mr. Fisher was referred to Kevin Kish for answers to his questions. PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Clanagan produced a 1976 Terrible Towel as a reminder of this year's Super Bowl event. Regular Council Meeting - February 15, 2011 - Page 88 of 156 1 February 1, 2011 Council Meeting Minutes Mayor Honea noted that the memorial service for Dennis Skelton will be at 2:00 p.m. on Saturday, February 5 in Sahuarita; he was a guest on Bill Buckmaster's new radio program; he spoke at the Wounded Warriors project on behalf of men and women who have been injured in the Afghan and Iraq wars; he and Gilbert Davidson toured the new Marana Health Center, noting that it was the first time he had been there while it's been under construction. They will try to open around May 1, 2011. He and Council Member Comerford, Mr. Davidson and Barbara Johnson went to Phoenix to attend the first hearing of the wastewater bill being sponsored on behalf of Marana. It passed through the committee unanimously and is moving forward. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS No report. PRESENTATIONS CONSENT AGENDA Motion to approve moved by Council Member Cghterford, second 0' Council Member Post. Motion carried unanimously. C 1: Resolution No. 2011 -12: Relating to Rec on; approving and authod -zing the Mayor to execute the first amendment to the intergovernlxental agreement between the Arizona Game and Fish Commission and the Town of lklaarana defining and regulating hunting areas with the Town of Marart � C 2: Minutes of the January 18, 2011 regular 'council meeting LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION �.; A l: Resolutlo :fit O11 1 � v Reaattng tci�~�.dministration; approving and authorizing the May€'r to execut moiaild"of understanding between the Town of Marana and theRPGA TOUR, Iae' r event fists relating to the World Golf Championships Accenture match Play Cl*pionsh p tournament Presented by Josh Wright > <, Motion to approve moved by Council Member Comerford, second by Council Member Post Motion carried unanimously. A 2: Resolution No. 2011 -14: Relating to Mayor and Council; scheduling a February 9, 2011, joint study session with the Oro Valley Town Council Presented by Jocelyn Bronson. Motion to approve moved by Council Member Comerford, second by Council Member Ziegler. Motion carried unanimously. Regular Counca"I"1Vleeti^g�F'e5ruary`15, 70I'I�Page g9' o7t5&` E ACTION 2 February 1, 2011 Council Meeting Minutes D 1: Relating to Business Regulations; discussion and direction regarding proposed amendments to Title 9 (Business Regulations) of the Marana Town Code, regulating massage establishments, establishing licensing requirements and related fees, establishing requirements for massage establishment facilities, designating unlawful activities and establishing criminal penalties for violations Mayor Honea noted that this item had been prompted by the Police Citizen Advisory Commission, and he asked the members of the Commission who were present to stand and be recognized. In attendance were Gary Nicholl, Jim Shaw, Jack Noble, Jim Edwards and Stephanie Ashcraft. Presented by Jane Fairall. She gave an overview of the 10 months of work that the Commission has done. Mike Lektorich, last year's commission ph9r,,came to the Council last March and asked to have approval for staff to drall an ordinance regulating massage establishments in the town. In July, the commissi utreach in the business community. The ordinance was also presented to the Busness and onomic Development Citizen Advisory Commission. Both commissions rectammended that it be forwarded to the Council. She then reviewed pre town r gulationk : fat were repealed when the state took over licensing of 1, sage therapists. But the wad a bit of a gap because the state did not take over licensin mass establishmenbs, ordinance would fill that gap by providing specific l e n 6 requirements; and managers of the establishments would have to have a license. ThOelicenses would be renewable each year and background checks would be done on all applicants by the police department. There would be licensing re, tur ments for the facilities as well such as lighting, signage and sanitation. Town officials asvell as state or fed agencies would be able to inspect the business when it's occupied with regard,to human health and safety and structural safety. Cri iclal.,penalties are "4,06 established for unlawful activities. Violations would be a Mass 1 h, demeanor thich is the highest classification of misdemeanor in Arid. Ms. >'Mall requested`:Council approval to bring this back for final Council approval' pproval , A �17! brua ry 15 meeting. Motion by Couttxl,fember Flanagan to direct staff to bring the item back, as well as make amendments to'th�aown's �ornprehensive fee schedule for adoption at the Febt�t� l S meeting, 99Cond by Council Member Ziegler. Motion carried unaninidi0ty \ Council M60(ber Clanagau�,thanked the members of the police advisory commission for their committri in bringing this forward. D 2: Legislative /Intergovernmental Report: regarding all pending state and federal legislation and report on recent meetings of other legislative bodies Presented by Josh Wright, who gave a brief update on the 50 session of the Legislature. Several bills are being introduced that he hopes will not make it, but he did want to bring two bills to the attention of Council that will likely be opposed by all cities and towns in Arizona. SB 1220 and SB 1221. Both bills are being pushed by the Arizona Tax Research Association (ATRA), Phoenix -based group advocating for uniform tax codes, but has taken cities and towns on as their major target. SB 1220 would make some significant revisions to the Model Cities Tax Code which is one that provides flexibility in t � way � take in sales tax revenues. They would like to remove any inconsistency Regular CobnG'I "Ivfee ing "Febluary�I ZOT�xp a s9 %q t the local jurisdiction taxes. This would be a 3 February 1, 2011 Council Meeting Minutes complete removal of local control on our tax base. SB 1221 is even more disconcerting as it proposed to freeze urban revenue sharing which is our share of the state income tax through FY 2030. The money would be diverted to state operations and freeze money beginning with the current year. The League has stepped up its activities to kill these bills, and the town continues to support them in that activity. 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 d (7), discussion or consultation for legal advice with the Town's attorneys and dis, ssion "and to consider its position and instruct the Town Manager and staff concernin (! `.;the lawsuit entitled Town of Marana v. Pima County/Pima County v. Maran*onsolidated), Maricopa County Superior Court No. CV2008- 001131, (2) pendp 'legal issues, settlement discussions and contract negotiations relating to ttransition of Maraiastewater collection and treatment to the Town of Marana FUTURE AGENDA ITEMS No items were presented. ADJOURNMENT Motion to adjourn moved by Council Memb Ctj an, second by Council Member Post. Motion carried unanimously. The meeting was adlqprned ai 21 p.m. CERTIFICATION_ I hereby certify, that the forest ing are the tree and correct minutes of the Marana Town Council mcetih held ©n Febr4 y 1, 2011: I further certify that a quorum was present. Jocelyn 0 , Bronson, Town Clerk Regular Council Meeting - February 15, 2011 - Page 91 of 156 4 February 1, 2011 Council Meeting Minutes ' . r-. ��' RNA 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, February 15, 2011, 7:00:00 PM To: Mayor and Council Item A 1 From: Lisa Shafer , Interim Planning Director Strategic Plan Focus Area: Not Applicable Subject: PUBL HEAR Ordinance No. 2011. Relating to Land Development; temporarily amending Marana Land Development Code Title 6 (subdivisions), Section 06.02.02.D, concerning the expiration of approved preliminary plats; and establishing an effective date Discussion: Marana Land Development Code section 06.02.02.1) currently provides that all approved preliminary plats are valid for two years without a recorded final plat. This can be extended to a maximum of three years with Council approval. The Town has seen significant delays in the completion of subdivision plats due to the downturn in the economy. There are many approved preliminary plats on the books that do not have recorded final plats. Since 2006, there have not been any significant changes to the requirements for plats; therefore, it does not make sense to make the developers begin the process all over again. Staff would like to assist the development community by extending the validity period of a preliminary plat in hopes that it will incent developers to continue platting their projects. Land that has an approved preliminary plat is more desirable for a developer than a property where one would have to start from scratch. This proposed amendment will be a significant boost for Marana's economy. Land Development Code section 06.02.02.D will only be temporarily changed if this ordinance is adopted. Below is a breakdown of how this temporary ordinance works: • A final plat shall be recorded by the seventh anniversary of the date of preliminary plat approval or December 31, 2017, whichever is sooner. • The ordinance will apply to all preliminary plats approved after July 1, 2006. • The ordinance will sunset on December 31, 2015. • On January 1, 2016, any preliminary plat for which there is no recorded final plat shall comply with the requirements of the Marana Land Development Code Section 06.02.02.D, as it may by that time be amended or superseded. A copy of the existing language for section 06.02.02.D and the temporary language has been included in this packet for your review. ATTACHMENTS: Name: Description: Type: Regular Council Meeting - February 15, 2011 - Page 92 of 156 Ordinance LDC Amendment Title 6.DOC Ordinance Ordinance E Old_vs_New_Subdivison.doc Old Code vs. Temporary Code Backup Material Staff Recommendation: Staff recommends adoption of Ordinance No. 2011.04, approving temporary amendments to Title 6 Subdivisions, modifying the time frame for expiration of an approved preliminary plat without a recorded final plat (Section 06.02.02.D). Commission Recommendation - if applicable: The Planning Commission unanimously recommended approval of this temporary ordinance at its January 26, 2011, meeting. Suggested Motion: I move to adopt Ordinance No. 2011.04, temporarily amending Title 6 (Subdivisions) of the Land Development Code. Regular Council Meeting - February 15, 2011 - Page 93 of 156 MARANA ORDINANCE NO. 2011.04 RELATING TO LAND DEVELOPMENT; TEMPORARILY AMENDING MARANA LAND DEVELOPMENT CODE TITLE 6 (SUBDIVISIONS), SECTION 06.02.02.13, CONCERNING THE EXPIRATION OF APPROVED PRELIMINARY PLATS; AND ESTABLISHING AN EFFECTIVE DATE WHEREAS the Town of Marana has seen significant delays in the completion of subdivision plats due to the downturn in the economy; and WHEREAS town staff recommends a temporary amendment of the Land Development Code to extend the preliminary plat approval period to seven years; and WHEREAS the Marana Planning Commission held a January 26, 2011 public hearing on this request and unanimously recommended approval of the proposed temporary amendment; and WHEREAS the Mayor and Council of the Town of Marana find that the temporary amendments adopted by this ordinance 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. While this ordinance is in effect, existing Marana Land Development Code Section 06.02.02.13 of Title 6 (Subdivisions) is hereby deleted and replaced with the following: D. Significance of preliminary plat approval. The Preliminary Plat approval by the Council, with the completion of the required signatures, constitutes authorization for the subdivider to proceed with preparation and submittal of the final plat and Engineering improvement plans and specifications (may be done concurrently). Preliminary Plat approval is subject to the following conditions: 1. A final plat shall be recorded by the seventh anniversary of the date of preliminary plat approval or December 31, 2017, whichever is sooner. 2. If the final plat has not been recorded within the period set forth in paragraph 1, a new preliminary plat shall be submitted, including applicable fees. 3. The preliminary plat shall not be recorded. Regu1 q VVq Q1 ffruary 15, 2011 - Page 94 of 156 _ 1 _ 2/8/2011 12:31 PM SECTION 2. This ordinance shall apply to all preliminary plats approved after July 1, 2006. SECTION 3. This ordinance shall terminate, sunset, and be of no further force and effect on December 31, 2015. SECTION 4. Upon the termination of this ordinance, any preliminary plat for which there is no recorded final plat shall comply with the requirements of Marana Land Development Code Section 06.02.02.13, as it existed before the adoption of this ordinance or as it may hereafter be superseded or amended. SECTION 5. 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 6. This ordinance is effective on March 18, 2011. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15'' day of February, 2011. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney RegullMQ VVQ U1 f1e,Wuary 15, 2011 - Page 95 of 156 -2- 2/8/2011 12:31 PM Section 06.02.02.D of Title 6 (Subdivisions) currently reads as follows: D. Significance of preliminary plat approval. The Preliminary Plat approval by the Council, with the completion of the required signatures, constitutes authorization for the subdivider to proceed with preparation and submittal of the final plat and Engineering improvement plans and specifications (may be done concurrently). Preliminary Plat approval is subject to the following conditions: 1. The conditions under which approval of the preliminary plat is granted will not be changed prior to expiration date unless by application for a revised preliminary plat. Such application shall follow the same procedures as the original approval. 2. Approval is valid for a period of two (2) years from the date of approval, and thereafter, such approval shall be deemed to have expired, if a final plat is not recorded. 3. Preliminary plat approval may, upon written application to the Town Council by the subdivider and payment of an application fee as approved by resolution of the Town Council, be extended for an additional one (1) year if, in the opinion of the Council, there is no change in conditions within or adjoining the preliminary plat which would warrant a revision of the original preliminary plat and the applicant demonstrates to the Council that substantial effort is being applied to create a final plat. 4. In no case shall preliminary plat approvals exceed a total of three (3) years. 5. If preliminary plat approval expires prior to application for final plat approval, the plat shall be resubmitted for preliminary approval as a new case and the subdivider shall be required to pay a new fee. 6. The preliminary plat shall not be recorded. Section 06.02.02.D of Title 6 (Subdivisions) temporarily amended to read as follows: D. Significance of preliminary plat approval. The Preliminary Plat approval by the Council, with the completion of the required signatures, constitutes authorization for the subdivider to proceed with preparation and submittal of the final plat and Engineering improvement plans and specifications (may be done concurrently). Preliminary Plat approval is subject to the following conditions: 1. A final plat shall be recorded by the seventh anniversary of the date of preliminary plat approval or December 31, 2017, whichever is sooner. 2. If the final plat has not been recorded within the period set forth in paragraph 1, a new preliminary plat shall be submitted, including applicable fees. 3. The preliminary plat shall not be recorded. Regular Council Meeting - February 15, 2011 - Page 96 of 156 r M t��N �MMlM1�MMeF A ��- / Tv" 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, February 15, 2011, 7:00:00 PM To: Mayor and Council Item A 2 From: Lisa Shafer , Interim Planning Director Strategic Plan Focus Area: Not Applicable Subject: PUBLI H EARING: Ordinance No. 2 011.05: Relating to Land Development; amending Marana Land Development Code Title 16 (Signs) by modifying Section 16- 14-26 (Off - Premise Location Sign); and establishing an effective date Resolutio N 2011 -23 Relating to Development; declaring the amendments to Marana Land Development Code Title 16 (Signs) modifying section 16 -14 -26 (Off - Premise Location Sign) as a public record filed with the Town Clerk Discussion: Currently, the Town of Marana Land Development Code sign section has a provision for Off - Premise Location Signs. This section's primary purpose is to assist motorists in locating non residential destinations only along unpaved roads. There are many non - residential destinations (mainly commercial businesses) within the Town that are located along roads less traveled or in rural areas, both of which could benefit from some additional directional signage. Staff is proposing the following changes to the Off - Premise Location Sign in order to assist travel to those non - residential destinations that do not have direct visual exposure from significantly traveled roadways. • The section will be renamed Off - Premise Wayfinding Sign. • Non residential destinations that are located on a minor roadway will qualify for an off - premise wayfinding sign. • Qualifications to be considered a minor roadway have been listed. • The location(s) that an off - premise wayfinding sign can be placed has been modified. • The size of the individual signs will be four square feet and sign lettering must be a minimum of six inches in height. • Locating multiple non - residential destinations on one sign is preferred and the maximum height of the sign is six feet. • The signs will not be illuminated. • The signs will be exempt from the landscaping requirements of section 16- 06 -06. For clarity purposes, two versions of section 16 -14 -26 have been included in Exhibit A to the resolution making the changes a public record. One is a legislative version that shows all additions to and deletions from the existing Land Development Code language, and the other is a Regular Council Meeting - February 15, 2011 - Page 97 of 156 clean, final version showing how the section will appear after adoption of the amendment. ATTACHMENTS: Name: Description: Type: E-1 Ordinance_LDC Amendment_Title_16_Signs.DOC Ordinance Ordinance E� Reso Wayfinding_Sign_Code_Amendment_ (00025173).DOC Resolution with Exhibit A Resolution Staff Recommendation: Staff recommends adoption of Ordinance No. 2011.05 and Resolution No. 2011 -23. Commission Recommendation - if applicable: This amendment was presented to the Planning Commission on January 26, 2011, and received a unanimous recommendation for approval. Suggested Motion: I move to adopt Ordinance No. 2011.05 and Resolution No. 2011 -23, approving an amendment to the Marana Land Development Code Title 16, and declaring the amendments a public record. Regular Council Meeting - February 15, 2011 - Page 98 of 156 MARANA ORDINANCE NO. 2011.05 RELATING TO LAND DEVELOPMENT; AMENDING MARANA LAND DEVELOPMENT CODE TITLE 16 (SIGNS) BY MODIFYING SECTION 16 -14 -26 (OFF - PREMISE LOCATION SIGN); AND ESTABLISHING AN EFFECTIVE DATE WHEREAS the Mayor and Council of the Town of Marana find that the revisions adopted by this ordinance 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), modifying Section 16 -14 -26 (Off - Premise Location Sign), 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 are attached as Exhibit A to Resolution No. 2011 -23 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 March 18, 2011. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15 day of February, 2011. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting - February 15, 2011 - Page 99 of 156 Marana Ordinance 2011.05 2/8/2011 11:55 AM MARANA RESOLUTION NO. 2011-23 RELATING TO DEVELOPMENT; DECLARING THE AMENDMENTS TO MARANA LAND DEVELOPMENT CODE TITLE 16 (SIGNS) MODIFYING SECTION 16 -14 -26 (OFF - PREMISE LOCATION SIGN) 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), "redlined" and "clean" copies of which are 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 15 day of February, 2011. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regul jb @McA WiN - February 15, 2011 - Page 100 of 156 2/8/2011 11:45 AM EXHIBIT A TO MARANA RESOLUTION NO. 2011 -23 Amendments to Marana Land Development Code Title 16 (Signs) modifying section 16 -14 -26 (Off - Premise Location Sign) adopted pursuant to Marana Ordinance No. 2011.05 SECTION 1. Section 16 -14 -26 (Off - Premise Location Sign) of the Marana Land Development Code is hereby revised as follows (with deletions shown with str-i ts and additions shown with double underlining 16 -14 -26 Off - Premise avfindina 1= elation Sign A. An off - premise indina lesatien sign helps motorists find a non - residential destination located on a minor roadwav B. For purposes of this section, a minor roadway is any of the following: 1. A road with no outlet other than another minor roadway. 2. An easement access road. 3. Ad i rt road. 4. A road with fewer than 800 average daily trips. C. The owner of a non - residential destination may place off - premise wayfindina sians on one route between the non - residential destination and the location ere the route intersects the first roadwav larger than a minor roadway. Q, One (14 off - premise w in in sign is allowed at each maior chance of direction on the route chosen by the owner of the non - residential destination of the Won (2) ReaFest Gf the dprdffiR LG An off - premise wavfinding sign may be single or double faced. F 9 An off - premise waldindina Gigl; IGGati and no sign shall i141 be placed within the public right -of -way. G. An applicant for an off - premise waldinding sign permit shall provide the written permission of the owner of the property where the sign will be located. H. An off - premise w in in sign shall not be placed within ene h„ndFed' feet of a residence without the written permission of the owner of the residence. F The I GGa t i on, max aFea Rd he of a sign shall nGmnhi With the f6 The etbaGk frerrm the right of way shall he at least equal to the height-of she feet; and 1. An off - premise wayfindina sign shall be located outside of the sight visibility triangle and roadway clear zone as determined by the Town Engineer. Regullb@M%1 irp - February 15, 2011 - Page 101 of 156 - I - 2/8/2011 11:45 AM EXHIBIT A TO MARANA RESOLUTION NO. 2011-23 Amendments to Marana Land Development Code Title 16 (Signs) modifying section 16 -14 -26 (Off - Premise Location Sign) adopted pursuant to Marana Ordinance No. 2011.05 J. An off - premise wavfinding sian shall be a single sign panel of not larger Mamn four square feet. K. Whenever possible, off - premise wayfinding sign panels for multiple non- residential destinations shall be displayed on a single sign structure. L. The highest point of the structure displaying one or more off - premise wayfinding sign panels shall not be higher than six feet. M. The lettering of an off - premise wayfinding sign shall be at least six inches in height N. An off - premise wavfinding sign may only display Imm. 0ed4e -the name of the non - residential destination, a logo, the distance to the destination and an arrow. 0. An off - premise wavfinding sign shall not be illuminated. P Off - premise wavfinding signs are exempt from the requirements of section 16 -06 -06 ('Landscaping") of this Title. SECTION 2. With the modifications described in Section 1 above, Section 16 -14 -26 (Off - Premise Wayfinding Sign) of the Marana Land Development Code now provides as follows: 16 -14 -26 Off - Premise Wayfinding Sign A. An off - premise wayfinding sign helps motorists find a non - residential destination located on a minor roadway. B. For purposes of this section, a minor roadway is any of the following: 1. A road with no outlet other than another minor roadway. 2. An easement access road. 3. A dirt road. 4. A road with fewer than 800 average daily trips. C. The owner of a non - residential destination may place off - premise wayfinding signs on one route between the non - residential destination and the location where the route intersects the first roadway larger than a minor roadway. D. One off - premise wayfinding sign is allowed at each major change of direction on the route chosen by the owner of the non - residential destination. E. An off - premise wayfinding sign may be single or double faced. F. An off - premise wayfinding sign shall not be placed within the public right -of- way. G. An applicant for an off - premise wayfinding sign permit shall provide the written permission of the owner of the property where the sign will be located. H. An off - premise wayfinding sign shall not be placed within 100 feet of a residence without the written permission of the owner of the residence. Regu116 &MeA ipp - February 15, 2011 - Page 102 of 156 -2- 2/8/2011 11:45 AM EXHIBIT A TO MARANA RESOLUTION NO. 2011 -23 Amendments to Marana Land Development Code Title 16 (Signs) modifying section 16 -14 -26 (Off - Premise Location Sign) adopted pursuant to Marana Ordinance No. 2011.05 I. An off - premise wayfinding sign shall be located outside of the sight visibility triangle and roadway clear zone as determined by the Town Engineer. J. An off - premise wayfinding sign shall be a single sign panel of not larger than four square feet. K. Whenever possible, off - premise wayfinding sign panels for multiple non- residential destinations shall be displayed on a single sign structure. L. The highest point of the structure displaying one or more off - premise wayfinding sign panels shall not be higher than six feet. M. The lettering of an off - premise wayfinding sign shall be at least six inches in height N. An off - premise wayfinding sign may only display the name of the non- residential destination, a logo, the distance to the destination, and an arrow. O. An off - premise wayfinding sign shall not be illuminated. P. Off - premise wayfinding signs are exempt from the requirements of section 16 -06 -06 ( "Landscaping ") of this Title. Regu1jb &M i PAWir9p - February 15, 2011 - Page 103 of 156 -3- 2/8/2011 11:45 AM ARAN 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, February 15, 2011, 7:00:00 PM To: Mayor and Council Item A 3 From: T VanHook , Community Development Director Strategic Plan Focus Area: Community Building Strategic Plan Focus Area - Additional Information: The supply of safe, affordable housing is a basic need in our community. Having a Town -wide housing program advances action strategies under the Community Building focus area by offering alternative funding for the rehabilitation of infrastructure in older neighborhoods and Colonias and providing opportunities for new housing development throughout the community. Subject: Ordinance No. 2011.06: Relating to Community Development; establishing an Affordable Housing Program to support the preservation and development of affordable housing for qualified individuals and families; and declaring an emergency Discussion: Through various funding sources, the Town of Marana is able to provide incentives to facilitate the development of new and the preservation of existing affordable housing units to benefit low - to- moderate - income households. This support has been traditionally be offered through five separate mechanisms: (1) impact fee waivers; (2) land acquisition; (3) owner - occupied housing rehabilitation; (4) employer assisted housing; and (5) support for design, review, and permitting. Each of these programs offers opportunities for the Town to leverage grant funding, recovered HOME dollars and General Fund resources to support both its own and partner initiatives. Over the past few years, both the needs of the community and the availability of funding for affordable housing have shifted significantly. Although all of the Town's traditional programs remain active, the Employer Assisted Housing Program has not been funded for the past two fiscal years and there has been limited participation in the impact fee waiver program. The land acquisition program, using funds received from Pima County's Community Development Block Grant (CDBG) program is moving forward with Marana Builds Habitat and the owner- occupied housing rehabilitation program is offering assistance to more Marana residents each year. As the needs of the community change, the Town needs to maintain flexibility to respond to the economics of housing and the needs of its residents in order to maximize its limited land and financial resources. The Community Development Department, working with the Development Services Center, is Regular Council Meeting - February 15, 2011 - Page 104 of 156 proposing the establishment of a two - pronged affordable housing ordinance that will provide the flexibility needed to target funding to meet the needs of families living at or below 80% of the area median income (AMI) and stimulate private investment in our community. The ordinance will establish three basic principles to guide program development. Staff will establish an application and compliance procedure to determine eligibility for the Marana Affordable Housing Support Program based on guidelines established by the U.S. Department of Housing and Urban Development (HUD) for households earning at or below 80% of AML This income threshold is updated annually by HUD and disseminated through the Arizona Department of Housing. Funding over an established threshold would require the Town to hold a lien on the property for a time period determined by the amount of subsidy provided and based on the HUD HOME program guidelines. Qualified applicants would be able to receive funding as an impact fee waiver under specific programs established by resolution and/or through community partnerships like Marana Builds Habitat. Funding transferred from the Colonia Waiver Program and other funding as specifically designated shall be reserved and used to offset the payment of impact fees that would otherwise be the responsibility of qualified applicants. These waivers will be subject to an automatic lien for a seven (7) year period. This lien will be in the form of a silent second and will be forgivable as described above. Funding in the existing affordable housing budget and additional funding as authorized by the Marana Town Council shall be used to support the development and preservation of affordable housing for those individuals and families qualified according to the same procedures. This funding will allow the Town to support a wide variety of costs that may be incurred by internal programs and community partners. Financial Impact: No new funding for programs is requested at this time. ATTACHMENTS: Name: Description: Type: O Affordable housing _program_ (00025148)MOG Ordinance Ordinance Staff Recommendation: Staff recommends approval of Ordinance No. 2011.06, establishing an Affordable Housing Program to support the preservation and development of affordable housing for qualified individuals and families; and declaring an emergency. Suggested Motion: I move to adopt Ordinance No. 2011.06, establishing an Affordable Housing Program to support the preservation and development of affordable housing for qualified individuals and families; and declaring an emergency. Regular Council Meeting - February 15, 2011 - Page 105 of 156 MARANA ORDINANCE NO. 2011.06 RELATING TO COMMUNITY DEVELOPMENT; ESTABLISHING AN AFFORDABLE HOUSING PROGRAM TO SUPPORT THE PRESERVATION AND DEVELOPMENT OF AFFORDABLE HOUSING FOR QUALIFIED INDIVIDUALS AND FAMILIES AND DECLARING AN EMERGENCY WHEREAS the Town of Marana recognizes the need to provide safe affordable workforce housing, and neighborhood infrastructure for its citizens; and WHEREAS the Marana Town Council recognizes the value of partnering with individuals, public and non - profit entities for the development and preservation of affordable housing; and WHEREAS the Marana Town Council desires to convert the payment of impact fees within Colonias authorized under Ordinance No. 2006.12 (repealed by Ordinance No. 2011.07) (the Colonia Waiver Program) from a geographical program to a financial need based program throughout the entire community; and WHEREAS the impact fee waiver funds converted from the Colonia Waiver Program will be kept separate and reserved for this use; and WHEREAS the Marana Town Council desires to create a second means of assistance to leverage outside funding, provide incentives, and support community partnerships for the development and preservation of housing; and WHEREAS the Town of Marana maintains a Revolving Affordable Housing Fund to augment projects and programs and to serve as a match for grant funding when available; and WHEREAS these funds may be used to pay design, review, permitting, land acquisition, and other related fees to support affordable housing based on financial qualifications; and WHEREAS additional funds to support affordable housing may become available for these uses as authorized by resolution. Regular Council Meeting - February 15, 2011 - Page 106 of 156 Marana Ordinance 2011.06 - 1 - 2/9/20113:15:54 PM C111 II NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. Staff is directed to establish an application and compliance procedure to determine eligibility for the Marana Affordable Housing Support Program based on guidelines established by the U.S. Department of Housing and Urban Development for households earning at or below 80% of the Area Median Income. SECTION 2. Funding transferred from the Colonia Waiver Program and other funding as specifically designated shall be reserved and used to off -set the payment of impact fees that would otherwise be the responsibility of those individuals and families qualified according the procedures established pursuant to Section 1 above. SECTION 3. Funding in the existing affordable housing budget and additional funding as authorized by the Marana Town Council shall be used to support the development and preservation of affordable housing for those individuals and families qualified according to the procedures established pursuant to Section I above. SECTION 4. IT IS FURTHER ORDAINED that, since it is necessary for the preservation of peace, health and safety of the Town of Marana that this ordinance become immediately effective, an emergency is hereby declared to exist, and this ordinance shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15 day of February, 2011. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting - February 15, 2011 - Page 107 of 156 Marana Ordinance 2011.06 -2- 2/9/20113:15:54 PM C1H �11U11� . IIIi�1N11NIliIIIII W 1� A =/ T1M 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, February 15, 2011, 7:00:00 PM To: Mayor and Council Item A 4 From: Keith Brann , Town Engineer Strategic Plan Focus Area: Community Building Strategic Plan Focus Area - Additional Information: The Town is committed to partner, support and promote the development of diversified and affordable housing opportunities for residents. Subject: O rdinance No. 2011.07: Presentation: Relating to Development; repealing a section of Ordinance 2006.12 that granted an affordable housing impact fee waiver for areas designated as colonias; and declaring an emergency Discussion: Ordinance 2006.12 granted colonias of Marana a waiver against the northwest road and parks impact fees (the only fees that cover colonia areas). The colonias were defined by Resolution 98- 21 and Pima County Resolution 2000 -232. Though the ordinance declared the waiver to be for affordable housing, the criteria for the waiver were geographical in nature. Also, the areas defined by the previous resolutions did not necessarily encompass the true traditional colonia areas. At the time of Ordinance 2006.12, there were an estimated 22 homes that could be built in the colonias. As such, the sum of money equivalent to the fees that 22 homes would have paid for northwest roads and parks was transferred from the general fund to the respective impact fee accounts. Therefore, the impact fees were not actually waived, but rather paid from a different source. A series of ordinances and proposals are before you tonight that will make the payment of impact fees by the Town based solely on financial need. This ordinance is one piece of the program that removes the geography -based system of payment of impact fees in colonial. To date, four residences have been constructed in the colonias since Ordinance 2006.12 that can be considered as having their impact fees paid by the Town. Other residences constructed in the intervening years were replacement structures that did not have to pay impact fees. In addition to removing the geographical basis of the Town paying impact fees, this ordinance will transfer the remaining funds from Ordinance 2006.12 out of the respective impact fee accounts and use them as seed money for the affordable housing program of paying impact fees on a financial need basis. Regular Council Meeting - February 15, 2011 - Page 108 of 156 Financial Impact: Since the new program of paying impact fees will be on an as- needed basis, the payments in the future will be for the then - current impact fee. The Town will lose the "prepayments" toward impact fees it had previously purchased. Impact fee amounts are currently larger than in 2006 and will likely continue to be so. ATTACHMENTS: Name: Description: Type: 0 Repeal_of impact_fee_ waiver in_colonas_ (00025106).DOC Ordinance Ordinance Staff Recommendation: Staff recommends adoption of the ordinance. Suggested Motion: I move to adopted Ordinance No. 2011.07, repealing a section of Ordinance 2006.12 that granted an affordable housing impact fee waiver for areas designated as colonias; and declaring an emergency. Regular Council Meeting - February 15, 2011 - Page 109 of 156 MARANA ORDINANCE NO. 2011.07 RELATING TO DEVELOPMENT; REPEALING A SECTION OF ORDINANCE 2006.12 THAT GRANTED AN AFFORDABLE HOUSING IMPACT FEE WAIVER FOR AREAS DESIGNATED AS COLONIAS; AND DECLARING AN EMERGENCY WHEREAS the Marana Town Council adopted ordinance 2006.12 on May 2, 2006 waiving impact fees for areas designated as colonias; and WHEREAS the Marana Town Council estimated a potential net 22 residences that could be constructed in the colonias; and WHEREAS the Marana Town Council ordered $130,702 be transferred from the general fund to the Northwest Transportation Benefit Area Development Impact Fee account to offset the cost of a then potential 22 residences at the then current impact fee of $5,941; and WHEREAS the Marana Town Council ordered $63,448 be transferred from the general fund to the Park Development Impact Fee account to offset the cost of a then potential 22 residences at the then current impact fee of $2,884; and WHEREAS four residences have been constructed in the intervening time between the enactment of ordinance 2006.12 and present day; and WHEREAS the Marana Town Council desires to convert the payment of impact fees in colonias from a geographical program to a financial need based program. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. Section 5 of Ordinance 2006.12 granting a waiver of impact fees in colonias is hereby repealed. SECTION 2. The remaining $106,938 (the original sum used to offset the waiver of 22 homes less the four homes since constructed) is hereby ordered to be removed from the Northwest Transportation Benefit Area Development Impact Fee account and placed in an account specifically for the affordable housing program of payment of impact fees based upon financial need as established by Ordinance 2011.06. Regular Council Meeting - February 15, 2011 - Page 110 of 156 Marana Ordinance 2011.07 - 1 - 100025106.DOC /} SECTION 3. The remaining $51,912 (the original sum used to offset the waiver of 22 homes less the four homes since constructed) is hereby ordered to be removed from the Park Development Impact Fee account and placed in an account specifically for the affordable housing program of payment of impact fees based upon financial need as established by Ordinance 2011.06. SECTION 4. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance. SECTION 5. IT IS FURTHER ORDAINED that, since it is necessary for the preservation of peace, health and safety of the Town of Marana that this ordinance become immediately effective, an emergency is hereby declared to exist, and this ordinance shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15` day of February, 2011. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting - February 15, 2011 - Page 111 of 156 Marana Ordinance 2011.07 -2- {00025106.DOC /} AAN TOW Q# **KOW 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, February 15, 2011, 7:00:00 PM To: Mayor and Council Item A 5 From: T VanHook , Community Development Director Strategic Plan Focus Area: Community Building Strategic Plan Focus Area - Additional Information: Ensuring that the Town has adequately defined the colonia boundaries will help in securing funding for development and redevelopment of basic infrastructure in older areas of the community and help build stronger neighborhoods. Subject: Resol No. 2011 -24. Relating to Community Development; amending Resolution No. 98 -21 to designate Adonis, a Neighborhood within the Town of Marana, as a colonia Discussion: As discussed in the February 8, 2011, study session, the U.S. Department of Housing and Urban Development (HUD) designated the Town of Marana as a colonia in the 1980's. Marana fell within the HUD definition for a colonia as a rural community located within 150 miles of the U.S.- Mexican border lacking basic infrastructure including paved roads, sanitary sewer and garbage services, drainage, streetlights, sidewalks, safe and decent affordable housing, and community facilities. Under the colonia program, local counties and municipalities are authorized to designate specific areas as colonias, giving them priority status for federal funding under the Community Development Block Grant (CDBG) and and the U.S. Department of Agriculture Rural Development Grant programs. Marana Resolution 98 -21 named seven distinct areas within the Town as colonias and included a map which defined the area within the Town that was to be designated as a colonia. Although the resolution named Marana Vista, Price Lane, Honea Heights, Yoem Pueblo, Berry Acres, Adonis, and Amole Circle as colonia neighborhoods, the map which was attached to the resolution included the entire incorporated area as of March 3, 1998. Staff recommends designating Adonis as a colonia within the boundaries redefined in Exhibit A, which is attached to this resolution. The Adonis subdivision was platted nearly 40 years ago. The roads and sewer plant were privately owned by the developer until approximately 20 years ago when the developer turned Regular Council Meeting - February 15, 2011 - Page 112 of 156 over the roads and sewer plant to the homeowner's association. Although the streets were not built to the Town's standards, the Town agreed to accept and maintain the roads. The roads remain in generally poor shape. There are not sufficient easements and drainage for the neighborhood. The sewer plant is maintained by the HOA, does not meet EPA or Arizona Department of Environmental Quality (ADEQ) standards and is currently operating under a letter of correction. This neighborhood consists entirely of mobile homes placed on individually owned parcels. Financial Impact: The designation of colonia status is an eligibility requirement for federal funding under several programs. Any applications or grant agreements will be authorized under separate resolution. ATTACHMENTS: Name: Description: Type: D Resolution_ designating_colonias_ (00025150).DOC Resolution Resolution El Ado nis_Exhibit_A.doc Exhibit A - Map Exhibit Staff Recommendation: Staff recommends that the Mayor and Council adopt Resolution No. 2011 -24, designating Adonis, a Neighborhood within the Town of Marana, as a colonia. Suggested Motion: I move to adopt Resolution No. 2011 -24, amending Resolution No. 98 -21 to designate Adonis, a Neighborhood within the Town of Marana, as a colonia. I i Regular Council Meeting - February 15, 2011 - Page 113 of 156 MARANA RESOLUTION NO. 2011-24 RELATING TO COMMUNITY DEVELOPMENT; AMENDING RESOLUTION NO. 98 -21 TO DESIGNATE ADONIS, A NEIGHBORHOOD WITHIN THE TOWN OF MARANA, AS A COLONIA WHEREAS United States Department of Housing and Urban Development (HUD) defines communities located within 150 miles of the U.S.- Mexico border which lack potable water supplies, adequate sanitary sewer systems, paved roads, drainage systems, and /or decent, safe, and sanitary housing as eligible for designation as a Colonia; and WHEREAS HUD has designated that the Town of Marana or a portion thereof as defined by the Mayor and Council is a Colonia; and WHEREAS designation as a Colonia is necessary to obtain certain state and federal funding made available to improve infrastructure systems, housing, and economic stability; and WHEREAS the Town of Marana recognizes that the Adonis Neighborhood, as defined in Exhibit A, meets the criteria set forth by HUD; and I WHEREAS the Town of Marana designates Colonias within the Town as redevelopment areas for the purpose of stimulating the development of basic infrastructure, affordable housing, and economic opportunities. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Adonis Neighborhood as defined in Exhibit A, attached to and incorporated by this reference in this resolution, be designated as a Colonia. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15 day of February 2011. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: I Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting - February 15, 2011 - Page 114 of 156 Exhibit A - Adonis Neighborhood Colonia Boundaries \ ZONE Acs t Ix \ E Ah Jt < 1Y • a ( r , i Regular Council Meeting - February 15, 2011 - Page 115 of 156 ARAN 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, February 15, 2011, 7:00:00 PM To: Mayor and Council Item A 6 From: T VanHook , Community Development Director Strategic Plan Focus Area: Community Building Strategic Plan Focus Area - Additional Information: Ensuring that the Town has adequately defined the colonia boundaries will help in securing funding for development and redevelopment of basic infrastructure in older areas of the community and help build stronger neighborhoods. Subject: Resolution No. 20 11- 25_Relating to Community Development; amending Resolution No. 98 -21 to designate Berry Acres, a Neighborhood within the Town of Marana, as a colonia Discussion: As discussed in the February 8, 2011 study session, the U.S. Department of Housing and Urban Development (HUD) designated the Town of Marana as a colonia in the 1980s. Marana fell within the HUD definition for a colonia as a rural community located within 150 miles of the U.S.- Mexican border lacking basic infrastructure including paved roads, sanitary sewer and garbage services, drainage, streetlights, sidewalks, safe and decent affordable housing, and community facilities. Under the colonia program, local counties and municipalities are authorized to designate specific areas as colonias, giving them priority status for federal funding under the Community Development Block Grant (CDBG) and the U.S. Department of Agriculture Rural Development Grant programs. Marana Resolution 98 -21 named seven distinct areas as colonias and included a map of the defined area to be designated as a colonia. Although the resolution named Marana Vista, Price Lane, Honea Heights, Yoem Pueblo, Berry Acres, Adonis, and Amole Circle as colonia neighborhoods, the map that was attached to the resolution included the entire incorporated area as of March 3, 1998. Staff recommends designating Berry Acres as a colonia within the boundaries redefined in Exhibit A, attached to this resolution. Berry Acres was established more than 40 years ago adjacent to the Santa Cruz River. Some of the parcels are in the floodway and others within the FEMA floodplain. The area lacks sanitary Regular Council Meeting - February 15, 2011 - Page 116 of 156 sewer, garbage services, drainage, streetlights, sidewalks, safe and decent affordable housing, and community facilities. All of the homes are served by septic systems. Financial Impact: The designation of colonia status is an eligibility requirement for federal funding under several programs. Any applications or grant agreements will be authorized under separate resolution. ATTACHMENTS: Name: Description: Type: D Resolution _designating_Berry_Acres_as a colonia_ (00025152).DOC Resolution Resolution D Berry_Acres_Exhibit_A.doc Exhibit A - Map Exhibit Staff Recommendation: Staff recommends that the Mayor and Council authorize Resolution No. 2011 -25 to designate Berry Acres, a Neighborhood within the Town of Marana, as a colonia. Suggested Motion: I move to adopt Resolution No. 2011 -25, amending Resolution 98 -21 and designating Berry Acres, a Neighborhood within the Town of Marana, as a colonia. Regular Council Meeting - February 15, 2011 - Page 117 of 156 MARANA RESOLUTION NO. 2011-25 RELATING TO COMMUNITY DEVELOPMENT; AMENDING RESOLUTION NO. 98 -21 TO DESIGNATE BERRY ACRES, A NEIGHBORHOOD WITHIN THE TOWN OF MARANA, AS A COLONIA WHEREAS United States Department of Housing and Urban Development (HUD) defines communities located within 150 miles of the U.S.- Mexico border which lack potable water supplies, adequate sanitary sewer systems, paved roads, drainage systems, and /or decent, safe, and sanitary housing as eligible for designation as a Colonia; and WHEREAS HUD has designated that the Town of Marana or a portion thereof as defined by the Mayor and Council is a Colonia; and WHEREAS designation as a Colonia is necessary to obtain certain state and federal funding made available to improve infrastructure systems, housing, and economic stability; and WHEREAS the Town of Marana recognizes that the Berry Acres Neighborhood, as defined in Exhibit A, meets the criteria set forth by HUD; and WHEREAS the Town of Marana designates Colonias within the Town as redevelopment areas for the purpose of stimulating the development of basic infrastructure, affordable housing, and economic opportunities. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Berry Acres Neighborhood as defined in Exhibit A attached to and incorporated by this reference in this resolution, be designated as a Colonia. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15 day of February 2011. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting - February 15, 2011 - Page 118 of 156 Exhibit A — Berry Acres Neighborhood Colonia Boundaries , r , t , , a i I 1 , Regular Council Meeting -February 15, 2011 -Page 119 of 156 RN 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, February 15, 2011, 7:00:00 PM To: Mayor and Council Item A 7 From: T VanHook , Community Development Director Strategic Plan Focus Area: Community Building Strategic Plan Focus Area - Additional Information: Ensuring that the Town has adequately defined the colonia boundaries will help in securing funding for development and redevelopment of basic infrastructure in older areas of the community and help build stronger neighborhoods. Subject: R esolution No. 2011 -26: Relating to Community Development; amending Resolution No. 98 -21 to designate Honea Heights, a Neighborhood within the Town of Marana, as a colonia Discussion: As discussed in the February 8, 2011 study session, the U.S. Department of Housing and Urban Development (HUD) designated the Town of Marana as a colonia in the 1980s. Marana fell within the HUD definition for a colonia as a rural community located within 150 miles of the U.S.- Mexican border lacking basic infrastructure including paved roads, sanitary sewer and garbage services, drainage, streetlights, sidewalks, safe and decent affordable housing, and community facilities. Under the colonia program, local counties and municipalities are authorized to designate specific areas as colonias, giving them priority status for federal funding under the Community Development Block Grant (CDBG) and the U.S. Department of Agriculture Rural Development Grant programs. Marana Resolution 98 -21 named seven distinct areas for as colonias and included a map of the defined area of the Town to be designated as a colonia. Although the resolution named Marana Vista, Price Lane, Honea Heights, Yoem Pueblo, Berry Acres, Adonis, and Amole Circle as colonia neighborhoods, the map included the entire incorporated area as of March 3, 1998. Staff recommends designating Honea Heights as a colonia within the boundaries redefined in Exhibit A, attached to this resolution. Known as a single neighborhood, Honea Heights is one of the oldest platted areas in Marana. There are approximately 140 homes placed on 200 designated lots in the neighborhood. Lot sizes range from 6,500 to 20,000 square feet. The existing homes include a mixture of site - built, Regular Council Meeting - February 15, 2011 - Page 120 of 156 manufactured, and modular construction in varying states of repair and functionality. Some properties are home to smaller farm animals and horses. There are also commercial uses, including a home -based beauty shop, a printer, other small businesses, and two churches along the northern and western edges of the neighborhood. Although the Town has been working to make infrastructure improvements, most of the homes are without sanitary sewer connections. There are also no street lights, curbs or sidewalks, and drainage remains an issue. Financial Impact: The designation of colonia status is an eligibility requirement for federal funding under several programs. Any applications or grant agreements will be authorized under separate resolution. ATTACHMENTS: Name: Description: Type: E] Resolution_deciaring_Honea Heights_a_colonia_ (00025153). DOC Resolution Resolution E Honea_Heights_Exhibit_A.doc Exhibit A - Map Exhibit Staff Recommendation: Staff recommends that the Mayor and Council authorize Resolution No. 2011 -26 to designate Honea Heights, a Neighborhood within the Town of Marana, as a colonia. Suggested Motion: I move to adopt Resolution No. 2011 -26, amending Resolution No. 98 -21 to designate Honea Heights, a Neighborhood within the Town of Marana, as a colonia. Regular Council Meeting - February 15, 2011 - Page 121 of 156 MARANA RESOLUTION NO. 2011-26 RELATING TO COMMUNITY DEVELOPMENT; AMENDING RESOLUTION NO. 98 -21 TO DESIGNATE HONEA HEIGHTS, A NEIGHBORHOOD WITHIN THE TOWN OF MARANA, AS A COLONIA WHEREAS United States Department of Housing and Urban Development (HUD) defines communities located within 150 miles of the U.S.- Mexico border which lack potable water supplies, adequate sanitary sewer systems, paved roads, drainage systems, and /or decent, safe, and sanitary housing as eligible for designation as a Colonia; and WHEREAS HUD has designated that the Town of Marana or a portion thereof as defined by the Mayor and Council is a Colonia; and WHEREAS designation as a Colonia is necessary to obtain certain state and federal funding made available to improve infrastructure systems, housing, and economic stability; and WHEREAS the Town of Marana recognizes that the Honea Heights Neighborhood, as defined in Exhibit A, meets the criteria set forth by HUD; and WHEREAS the Town of Marana designates Colonias within the Town as redevelopment areas for the purpose of stimulating the development of basic infrastructure, affordable housing, and economic opportunities. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Honea Heights neighborhood as defined in Exhibit A attached to and incorporated by this reference in this resolution, be designated as a Colonia. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15 day of February 2011. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting - February 15, 2011 - Page 122 of 156 Exhibit A - Honea Heights Neighborhood Colonia Boundaries E LVNEASMAL'EG i x , a Regular Council Meeting - February 15, 2011 - Page 123 of 156 AA 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, February 15, 2011, 7:00:00 PM To: Mayor and Council Item A 8 From: T VanHook , Community Development Director Strategic Plan Focus Area: Community Building Strategic Plan Focus Area - Additional Information: Ensuring that the Town has adequately defined the colonia boundaries will help in securing funding for development and redevelopment of basic infrastructure in older areas of the community and help build stronger neighborhoods. Subject: Resoluti No. 2011 -27: Relating to Community Development; amending Resolution No. 98 -21 to designate Marana Estates, a Neighborhood within the Town of Marana, as a colonia Discussion: As discussed in the February 8, 2011 study session, the U.S. Department of Housing and Urban Development (HUD) designated the Town of Marana as a colonia in the 1980s. Marana fell within the HUD definition for a colonia as a rural community located within 150 miles of the U.S.- Mexican border lacking basic infrastructure including paved roads, sanitary sewer and garbage services, drainage, streetlights, sidewalks, safe and decent affordable housing, and community facilities. Under the colonia program, local counties and municipalities are authorized to designate specific areas as colonial giving them priority status for federal funding under the Community Development Block Grant (CDBG) and the U.S. Department of Agriculture Rural Development Grant programs. Marana Resolution 98 -21 named seven distinct areas for as colonias and included a map of the area of the Town to be designated as a colonia. Although the resolution named Marana Vista, Price Lane, Honea Heights, Yoem Pueblo, Berry Acres, Adonis, and Amole Circle as colonia neighborhoods, the map attached to the resolution included the entire incorporated area as of March 3, 1998. Staff recommends designating Marana Estates as a colonia within the boundaries redefined in Exhibit A, attached to this resolution. The Marana Estates is one of Northern Marana's oldest and most established neighborhoods. Marana Estates is a neighborhood of families, filled with multi - generational Regular Council Meeting - February 15, 2011 - Page 124 of 156 households with grandparents, parents, and children sharing homes. Several properties are occupied by adults who have stayed in their parents' homes or purchased houses in the neighborhood to raise their children close to family and friends. There are 28 homes built on 30 parcels zoned A (Small Lot Zone) surrounded by Zone E (Transportation Corridor) industrial/commercial properties and vacant land Zone HI (Heavy Industrial). The neighborhood is wedged between the I- 10/Union Pacific Railroad corridor and the San Lucas master - planned community. Financial Impact: The designation of colonia status is an eligibility requirement for federal funding under several programs. Any applications or grant agreements will be authorized under separate resolution. ATTACHMENTS: Name: Description: Type: El Resolution declarinaMarana Estates_ a_ col onia_ (00025154).DOC Resolution Resolution El Marana_Estates_Exhibit_A.doc Exhibit A - Map Exhibit Staff Recommendation: Staff recommends that the Mayor and Council authorize Resolution No. 2011 -27 designating Marana Estates, a Neighborhood within the Town of Marana, as a colonia. Suggested Motion: I move to adopt Resolution No. 2011 -27, amending Resolution No. 98 -21 to designate Marana Estates, a Neighborhood within the Town of Marana, as a colonia. Regular Council Meeting - February 15, 2011 - Page 125 of 156 MARANA RESOLUTION NO. 2011-27 RELATING TO COMMUNITY DEVELOPMENT; AMENDING RESOLUTION NO. 98 -21 TO DESIGNATE MARANA ESTATES, A NEIGHBORHOOD WITHIN THE TOWN OF MARANA, AS A COLONIA WHEREAS United States Department of Housing and Urban Development (HUD) defines communities located within 150 miles of the U.S.- Mexico border which lack potable water supplies, adequate sanitary sewer systems, paved roads, drainage systems, and/or decent, safe, and sanitary housing as eligible for designation as a Colonia; and WHEREAS HUD has designated that the Town of Marana or a portion thereof as defined by the Mayor and Council is a Colonia; and WHEREAS designation as a Colonia is necessary to obtain certain state and federal funding made available to improve infrastructure systems, housing, and economic stability; and WHEREAS the Town of Marana recognizes that the Marana Estates Neighborhood, as defined in Exhibit A, meets the criteria set forth by HUD; and WHEREAS the Town of Marana designates Colonias within the Town as redevelopment areas for the purpose of stimulating the development of basic infrastructure, affordable housing, and economic opportunities. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Marana Estates Neighborhood as defined in Exhibit A attached to and incorporated by this reference in this resolution, be designated as a Colonia. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15 day of February 2011. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting - February 15, 2011 - Page 126 of 156 Exhibit A — Marana Estates Neighborhood Colonia Boundaries L e' _­,e •. Regular Council Meeting - February 15, 2011 - Page 127 of 156 MARK 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, February 15, 2011, 7:00:00 PM To: Mayor and Council Item A 9 From: T VanHook , Community Development Director Strategic Plan Focus Area: Community Building Strategic Plan Focus Area - Additional Information: Ensuring that the Town has adequately defined the colonia boundaries will help in securing funding for development and redevelopment of basic infrastructure in older areas of the community and help build stronger neighborhoods. Subject: Resolut No. 2011 28__ Relating to Community Development; amending Resolution No. 98 -21 to designate Marana Vista, a Neighborhood within the Town of Marana, as a colonia Discussion: As discussed in the February 8, 2011, study session, the U.S. Department of Housing and Urban Development (HUD) designated the Town of Marana as a colonia in the 1980s. Marana fell within the HUD definition for a colonia as a rural community located within 150 miles of the U.S.- Mexican border lacking basic infrastructure including paved roads, sanitary sewer and garbage services, drainage, streetlights, sidewalks, safe and decent affordable housing, and community facilities. Under the colonia program, local counties and municipalities are authorized to designate specific areas as colonial giving them priority status for federal funding under the Community Development Block Grant (CDBG) and the U.S. Department of Agriculture Rural Development Grant programs. Marana Resolution 98 -21 named seven distinct areas for as colonias and included a map of the area of the Town to be designated as a colonia. Although the resolution named Marana Vista, Price Lane, Honea Heights, Yoem Pueblo, Berry Acres, Adonis, and Amole Circle as colonia neighborhoods, the map attached to the resolution included the entire incorporated area as of March 3, 1998. Staff recommends designating Marana Vista as a colonia within the boundaries redefined in Exhibit A, attached to this resolution. Marana Vista is welcoming neighborhood, albeit one in economic stress where 80% of residents are low to moderate income. 75% of the property owners are minorities. 66% of the Regular Council Meeting - February 15, 2011 - Page 128 of 156 homes are in fair -to -poor condition and need extensive repairs. 53% of the residents are over 50 years of age. The initial 10 houses built in Marana Vista more than 50 years ago were considered the first "sweat equity" housing project in Arizona. Subsidies were offered and a contractor was hired to supervise the homeowners as they built their own houses as part of a program designed to encourage farm workers and others to make Marana their home. Of the original 10 families to move into the neighborhood, eight still own and are living in their homes. Several other homes in Marana Vista have been continuously occupied by a single family for more than 45 years. As the neighborhood ages and members of the older generation pass away, the residences are becoming home to the children, grandchildren, and even great - grandchildren of the original inhabitants. Neighborhood representatives estimate that fewer than 10 of the 59 houses host newcomers (individuals establishing themselves in the neighborhood during the past five years). Financial Impact: The designation of colonia status is an eligibility requirement for federal funding under several programs. Any applications or grant agreements will be authorized under separate resolution. ATTACHMENTS: Name: Description: Type: O Resolution _Marana _Vista _a colonia_ (00025155).1DOC Resolution Resolution D Marana_Vista_Exhibit_A.doc Exhibit A - Map Exhibit Staff Recommendation: Staff recommends that the Mayor and Council authorize Resolution No. 2011 -28 to designate Marana Vista, a Neighborhood within the Town of Marana, as a colonia. Suggested Motion: I move to adopt Resolution No. 2011 -28, amending Resolution No. 98 -21 to designate Marana Vista, a Neighborhood within the Town of Marana, as a colonia. Regular Council Meeting - February 15, 2011 - Page 129 of 156 MARANA RESOLUTION NO. 2011-28 RELATING TO COMMUNITY DEVELOPMENT; AMENDING RESOLUTION NO. 98 -21 TO DESIGNATE MARANA VISTA, A NEIGHBORHOOD WITHIN THE TOWN OF MARANA, AS A COLONIA WHEREAS United States Department of Housing and Urban Development (HUD) defines communities located within 150 miles of the U.S.- Mexico border which lack potable water supplies, adequate sanitary sewer systems, paved roads, drainage systems, and/or decent, safe, and sanitary housing as eligible for designation as a Colonia; and WHEREAS HUD has designated that the Town of Marana or a portion thereof as defined by the Mayor and Council is a Colonia; and WHEREAS designation as a Colonia is necessary to obtain certain state and federal funding made available to improve infrastructure systems, housing, and economic stability; and WHEREAS the Town of Marana recognizes that the Marana Vista Neighborhood, as defined in Exhibit A, meets the criteria set forth by HUD; and WHEREAS the Town of Marana designates Colonias within the Town as redevelopment areas for the purpose of stimulating the development of basic infrastructure, affordable housing, and economic opportunities. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Marana Vista Neighborhood as defined in Exhibit A attached to and incorporated by this reference in this resolution, be designated as a Colonia. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15 day of February 2011. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting - February 15, 2011 - Page 130 of 156 Exhibit A — Marana Vista Neighborhood Colonia Boundaries u x - 7 -7 11 { Regular Council Meeting - February 15, 2011 - Page 131 of 156 A 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, February 15, 2011, 7:00:00 PM To: Mayor and Council Item A 10 From: T VanHook , Community Development Director Strategic Plan Focus Area: Community Building Strategic Plan Focus Area - Additional Information: Ensuring that the Town has adequately defined the colonia boundaries will help in securing funding for development and redevelopment of basic infrastructure in older areas of the community and help build stronger neighborhoods. Subject: Resolution No. 2011- 29_Relating to Community Development; amending Resolution No. 98 -21 to designate Price Lane, a Neighborhood within the Town of Marana, as a colonia Discussion: As discussed in the February 8, 2011, study session, the U.S. Department of Housing and Urban Development (HUD) designated the Town of Marana as a colonia in the 1980s. Marana fell within the HUD definition for a colonia as a rural community located within 150 miles of the U.S.- Mexican border lacking basic infrastructure including paved roads, sanitary sewer and garbage services, drainage, streetlights, sidewalks, safe and decent affordable housing, and community facilities. Under the colonia program, local counties and municipalities are authorized to designate specific areas as colonias giving them priority status for federal funding under the Community Development Block Grant (CDBG) and the U.S. Department of Agriculture Rural Development Grant programs. Marana Resolution 98 -21 named seven distinct areas as colonias and included a map of the area the Town to be designated as a colonia. Although the resolution named Marana Vista, Price Lane, Honea Heights, Yoem Pueblo, Berry Acres, Adonis, and Amole Circle as colonia neighborhoods, the map attached to the resolution included the entire incorporated area as of March 3, 1998. Staff recommends designating Price Lane as a colonia within the boundaries redefined in Exhibit A, attached to this resolution. Price Lane is a small subdivision located off Wentz Road. The 16 parcels have a total of 17 Regular Council Meeting - February 15, 2011 - Page 132 of 156 homes with no additional vacant land for new home construction. Financial Impact: The designation of colonia status is an eligibility requirement for federal funding under several programs. Any applications or grant agreements will be authorized under separate resolution. ATTACHMENTS: Name: Description: Type: E:1 Resolution designating_Price_Lane a colonia_ (00025156). Doc Resolution Resolution O Price Lane_Exhibit_A.doc Exhibit A - Map Backup Material Staff Recommendation: Staff recommends that the Mayor and Council authorize Resolution No. 2011 -29 designating Price Lane, a Neighborhood within the Town of Marana, as a colonia. Suggested Motion: I move to adopt Resolution No. 2011 -29, amending Resolution No. 98 -21 to designate Price Lane, a Neighborhood within the Town of Marana, as a colonia. Regular Council Meeting - February 15, 2011 - Page 133 of 156 MARANA RESOLUTION NO. 2011-29 RELATING TO COMMUNITY DEVELOPMENT; AMENDING RESOLUTION NO. 98 -21 TO DESIGNATE PRICE LANE, A NEIGHBORHOOD WITHIN THE TOWN OF MARANA, AS A COLONIA WHEREAS United States Department of Housing and Urban Development (HUD) defines communities located within 150 miles of the U.S.- Mexico border which lack potable water supplies, adequate sanitary sewer systems, paved roads, drainage systems, and /or decent, safe, and sanitary housing as eligible for designation as a Colonia; and WHEREAS HUD has designated that the Town of Marana or a portion thereof as defined by the Mayor and Council is a Colonia; and WHEREAS designation as a Colonia is necessary to obtain certain state and federal funding made available to improve infrastructure systems, housing, and economic stability; and WHEREAS the Town of Marana recognizes that the Price Lane, as defined in Exhibit A, meets the criteria set forth by HUD; and WHEREAS the Town of Marana designates Colonias within the Town as redevelopment areas for the purpose of stimulating the development of basic infrastructure, affordable housing, and economic opportunities. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Price Lane Neighborhood as defined in Exhibit A attached to and incorporated by this reference in this resolution, be designated as a Colonia. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15 day of February 2011. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting - February 15, 2011 - Page 134 of 156 Exhibit A — Price Lane Neighborhood Colonia Boundaries Regular Council Meeting - February 15, 2011 - Page 135 of 156 ARNA 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, February 15, 2011, 7:00:00 PM To: Mayor and Council Item A 11 From: T VanHook , Community Development Director Strategic Plan Focus Area: Community Building Strategic Plan Focus Area - Additional Information: Ensuring that the Town has adequately defined the colonia boundaries will help in securing funding for development and redevelopment of basic infrastructure in older areas of the community and help build stronger neighborhoods. Subject: Resolution No. 2011 -30. Relating to Community Development; amending Resolution No. 98 -21 to designate Yoem Pueblo /Sandario Road, a Neighborhood within the Town of Marana, as a colonia Discussion: As discussed in the February 8, 2011, study session, the U.S. Department of Housing and Urban Development (HUD) designated the Town of Marana as a colonia in the 1980s. Marana fell within the HUD definition for a colonia as a rural community located within 150 miles of the U.S.- Mexican border lacking basic infrastructure including paved roads, sanitary sewer and garbage services, drainage, streetlights, sidewalks, safe and decent affordable housing, and community facilities. Under the colonia program, local counties and municipalities are authorized to designate specific areas as colonias giving them priority status for federal funding under the Community Development Block Grant (CDBG) and the U.S. Department of Agriculture Rural Development Grant programs. Marana Resolution 98 -21 named seven distinct areas as colonias and included a map of the portion of the Town to be designated as a colonia. Although the resolution named Marana Vista, Price Lane, Honea Heights, Yoem Pueblo, Berry Acres, Adonis, and Amole Circle as colonia neighborhoods, the map attached to the resolution included the entire incorporated area as of March 3, 1998. Staff recommends designating Yoem Pueblo /Sandario Road as a colonia within the boundaries redefined in Exhibit A, attached to this resolution. The Yoem Pueblo village encompasses approximately five acres of land that was donated to Regular Council Meeting - February 15, 2011 - Page 136 of 156 the Marana Area Yaqui Association (MAYA) by the Cortaro Water Users Association (CWUA). The residents of Yoem Pueblo are members of the Pascua Yaqui Tribe and receive assistance from the Tribe. The village is not considered as part of the Pascua Yaqui Reservation. The adjacent houses along Sandario Road share many of the same characteristics and are accessed by visitors and residents as a single neighborhood. Financial Impact: The designation of colonia status is an eligibility requirement for federal funding under several programs. Any applications or grant agreements will be authorized under separate resolution. ATTACHMENTS: Name: Description: Type: D Resolution designating_Yoem_Pueblo a_colon a_ (000251.571.DOC Resolution Resolution O Yoem _Pueblo _Sandario_Road_Exhibit A.doe Exhibit A - Map Exhibit Staff Recommendation: Staff recommends that the Mayor and Council authorize Resolution No. 2011 -30 designating Yoem Pueblo / Sandario Road, a Neighborhood within the Town of Marana, as a colonia. Suggested Motion: I move to adopt Resolution No. 2011 -30, amending Resolution No. 98 -21 to designate Yoem Pueblo / Sandario Road, a Neighborhood within the Town of Marana, as a colonia. Regular Council Meeting - February 15, 2011 - Page 137 of 156 MARANA RESOLUTION NO. 2011-30 RELATING TO COMMUNITY DEVELOPMENT; AMENDING RESOLUTION NO. 98 -21 TO DESIGNATE YOEM PUEBLO - SANDARIO ROAD, A NEIGHBORHOOD WITHIN THE TOWN OF MARANA, AS A COLONIA WHEREAS United States Department of Housing and Urban Development (HUD) defines communities located within 150 miles of the U.S.- Mexico border which lack potable water supplies, adequate sanitary sewer systems, paved roads, drainage systems, and /or decent, safe, and sanitary housing as eligible for designation as a Colonia; and WHEREAS HUD has designated that the Town of Marana or a portion thereof as defined by the Mayor and Council is a Colonia; and WHEREAS designation as a Colonia is necessary to obtain certain state and federal funding made available to improve infrastructure systems, housing, and economic stability; and WHEREAS the Town of Marana recognizes that the Yoem Pueblo - Sandario Road, as defined in Exhibit A, meets the criteria set forth by HUD; and WHEREAS the Town of Marana designates Colonias within the Town as redevelopment areas for the purpose of stimulating the development of basic infrastructure, affordable housing, and economic opportunities. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Yoem Pueblo - Sandario Road Neighborhood as defined in Exhibit A attached to and incorporated by this reference in this resolution, be designated as a Colonia. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15 day of February 2011. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting - February 15, 2011 - Page 138 of 156 Exhibit A — Yoem Pueblo Sandario Road Neighborhood Colonia Boundaries t i i f . Regular Council Meeting - February 15, 2011 - Page 139 of 156 RAN 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, February 15, 2011, 7:00:00 PM To: Mayor and Council Item D 1 From: Jocelyn C. Bronson , Town Clerk Strategic Plan Focus Area: Not Applicable Subject: Relating to Mayor and Council; discussion and possible action to set the date of the second regular Town Council meeting in May Discussion: Town Code section 2 -4 -1 provides that regular Council meetings are to be held on the first and third Tuesday of each month, "provided that when the day fixed for any regular meeting of the council falls upon a day designated by law as a legal holiday or election day, the meeting shall be held on the next succeeding day which is not a holiday, unless otherwise set by action of the council." The second regular Council meeting in May would normally occur on May 17. Since that is the date set for the Town of Marana General Election, the regular meeting would normally be moved to the next day, Wednesday, May 18, unless the Council takes action to set it on another date. ATTACHMENTS: Name: Description: Type: No Attachments Available Staff Recommendation: No recommendation. Suggested Motion: If the Council decides that it wants to continue with the May 18 meeting date, as provided for by the Town Code, no action is needed. If the Council decides to set the meeting for a different date, the suggested motion is: "I move to set the second regular May 2011 Council meeting for 7:00 pm on [insert date] in the Council Chambers." Regular Council Meeting - February 15, 2011 - Page 140 of 156 r �.�N MARA 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, February 15, 2011, 7:00:00 PM To: Mayor and Council Item D 2 From: Gilbert . Davidson , Town Manager Strategic Plan Focus Area: Not Applicable Subject: Le gislative/Intergovernmental R 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: ❑ 201_1_Legislative Bulletin # 4.pdf Legislative Bulletin # 4 Backup Material ❑ 2011_Legislative_Bu. lletin #_5.pdf Legislative Bulletin # 5 Backup Material 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 - February 15, 2011 - Page 141 of 156 League of Arizona Cities and Towns - Legislative Bulletin Page 1 of 6 Lve'-ague lod n ANDTOWULD Legislative Bulletin — ISSUE 4 - JANUARY 28, 2011 Attack on City and Town Revenue Two bills that are potentially very harmful to city and town budgets were introduced in the Arizona Senate this week. SB 1220 (uniform local sales tax base) was introduced by Senator Steve Pierce (R- Prescott) on January 24. Among other things, the bill: • repeals the Model City Tax Code as of June 30, 2012; • forces all cities and towns to have the same tax base and definitions as the state; • repeals any local taxes that are not part of the state code, even if voter - approved; and • requires the state to perform all tax collections and audits for municipalities. Combined, these changes would result in millions of dollars of revenue lost to cities and towns, with no benefit to the state government. Where there are different definitions between the state code and the Model City Tax Code, cities and towns would have to yield to the state definition. The only exceptions would be that cities and towns could continue to impose a local transaction privilege tax on residential and commercial rental property, food and advertising - items which the state does not tax. This proposal could cost cities and towns millions of dollars in revenue -we are still working on determining estimated amounts -and it would eliminate the ability of city and town councils to respond to local conditions, forcing a one - size - fits -all tax scheme on the entire state. There are many additional questions about the impact of the bill that are still being researched, including the role of mayors and councils in setting tax rates, the scope of authority of the Department of Revenue as it relates to local taxation, and a number of other issues. In the coming days we will be asking you for input regarding the impact of specific changes to your own community revenue. SB 1221 (urban revenue sharing; distribution freeze), also sponsored by Sen. Pierce, imposes a "freeze" on the amount of urban revenue sharing to be distributed to cities and towns for the next 20 years. The annual distribution would be approximately the level of this upcoming fiscal years revenue sharing fund - approximately $424 million. The bill redirects any future increase in funds to pay off debt that the state incurred last year to balance its budget. Proponents are saying that the borrowing was done in order to protect cities and towns, although that was never part of last year's budget discussion. This bill represents a major breach in the longstanding relationship between cities and the state, and it would Regular Council Meeting - February 15, 2011 - Page 142 of 156 League of Arizona Cities and Towns - Legislative Bulletin Page 2 of 6 create significant difficulties for city and town budgets. Just two years ago, the amount of urban revenue sharing was more than $200 million greater than it is today. Assuming the state economy turns around sometime in the next 20 years, cities and towns would be losing out on multiple millions of dollars that would otherwise be distributed through the 15% formula. Neither of these bills have been assigned to committee. If they are scheduled for a hearing, we will be sure you have the information necessary to register your strong objections. Meanwhile, please let your Senators and Representatives know that local control over city and town budgets is fundamental to our system of government and critical to our future. Legislative Overview Arizona's 50th Legislature revved up to full speed during the week of January 24. During a full week of legislative activity, budget hearings proceeded apace and House and Senate standing committees considered a raft of individual bills and resolutions. To date (the 19th day of the legislative session), 923 bills have been introduced in the Legislature. Of those, the League has identified 190 with potentially significant impacts on cities and towns. A number of such bills were considered this week, as detailed below. Monday, January 31 is the last day that bills may be introduced in the Senate without special permission. Monday, February 7 is the bill introduction deadline in the House. Residential rental taxes On Thursday, January 27, the Senate Finance Committee considered SB 1160 (city sales tax; residential rental). The legislation (introduced last year as SB 1239) provides that any increase in residential rental tax levied by a city or town must be approved by popular vote. The League of Arizona Cities and Towns testified in opposition to the bill on the basis that it reduces local control, creates special tax treatment for one industry and reduces the ability of mayors and councils to approach budgeting in a comprehensive way. Despite those objections, and the opposition registered by several individual municipalities, the bill was approved by a vote of 4 -1. The League will continue to vigorously oppose this legislation as it proceeds through the legislative process. Federal Patent Easements HB 2009 (disclaimer of federal patent easements), sponsored by Rep. Jack Harper (R- Surprise), would make changes to the process by which municipalities abandon their interests in General Land Office (GLO) patent easements. The bill requires a city or town to obtain written release from all affected parties before disclaiming such an interest and further prohibits any municipality from allowing or approving any permanent structure on a GLO patent easement. In addition to limiting local control over public lands and possibly infringing upon personal property rights, the bill contains undefined terms and would have a direct negative impact on the development and improvement of property for a number of municipalities. The League registered its opposition to this bill at a January 25 hearing of the House Government Committee, as did representatives from the utility and homebuilding communities. The chief proponent of the bill, a private landowner, was permitted to speak at length. Upon the conclusion of the presentation, the bill was held indefinitely. The League will continue to monitor and oppose this bill should it appear again in the legislative process. Commercial Lease Sales Tax Exemption The House Committee on Ways and Means conducted a hearing on HB 2230 (commercial lease; tax exemption) on Monday, January 24. The bill provides that commercial leases of real property between two corporations, 80% of whose voting shares are owned by the same shareholders, are exempt from any municipal sales or use tax. In testimony opposing the bill, the League of Arizona Cities and Towns emphasized the legislation's potential Regular Council Meeting - February 15, 2011 - Page 143 of 156 League of Arizona Cities and Towns - Legislative Bulletin Page 3 of 6 impacts on the municipal tax base and requested an opportunity to work with the bill sponsor to ensure that no unintended consequences result from its passage. The sponsor of HB 2230 (Rep. John Kavanagh, R- Fountain Hills) indicated in testimony that the bill is intended as protection for small businesses and sole proprietorships and not as a tax avoidance device for large corporations. The bill was reported out of committee on a 6 -3 vote, but Rep. Kavanagh agreed to work with the League to address outstanding concerns before the measure proceeds to the Committee of the Whole. Accordingly, the League has drafted amendatory language limiting the bill's application to small businesses and is scheduled to meet with Chairman Kavanagh to present our proposal next week. Companion legislation (SB 1166) was heard in the Senate Committee on Finance on Thursday, January 27. The League presented testimony at the hearing and secured a commitment from the chairman (Sen. Steve Yarbrough, R- Chandler) to consider potential amendments pending action on the Senate floor. The bill was approved by the committee on a 4 -1 vote. Subdivisions On January 18, the House Committee on Government initiated consideration of HB 2005 (subdivisions; acting in concert). As introduced, the bill makes a number of changes to Arizona subdivision law and provides that, for subdivisions of 10 or fewer lots, municipalities shall either waive preliminary plat requirements or expedite their processing. The bill also requires that, for smaller subdivisions, municipalities shall reduce infrastructure standards or requirements proportional to the impact of the subdivision. When it became clear during the January 18 hearing that the bill faced the strong opposition of municipalities and counties, the chairman suspended consideration of the measure and gave interested parties one week to achieve consensus agreement on the various issues addressed by the bill. Accordingly, the League participated in a stakeholder meeting on the bill on Friday, January 21. The League successfully negotiated away the bill's principal impact on municipalities by making the waiver, expedited review, and infrastructure - reduction language permissive rather than mandatory (i.e., the word "shall" was replaced by "may" in the provisions discussed above). New language incorporating the agreement of stakeholders was included in an amendment to the bill considered by the House Committee on Government during its January 25 hearing. Despite reservations of the Arizona Department of Real Estate regarding certain enforcement standards, the amendment passed by a voice vote and the bill as amended was reported out of committee by a vote of 7 -2. Homeowners' Association Authority Over Roadways On Wednesday, January 26, the Senate Committee on Government Reform heard SB 1170 (homeowner's associations; public roadways). Sponsored by Rep. Nancy Barto (R- Phoenix), the bill prohibits a homeowners' association from enforcing such Covenants, Conditions and Restrictions as they relate to public roadways. This measure could impose higher demands on already over - tasked police departments and could negatively impact the response times of emergency service providers. Due to these potential harmful consequences, the League registered its opposition to the measure. After exhaustive testimony and discussion, the bill was held. Pension Reform Update On Thursday, January 20, the Senate Finance Committee passed two bills effecting changes to the Arizona State Retirement System (ASRS): SB 1106 (ASRS; definitions; service credits) and SB 1107 (ASRS; transfers; distributions; DRO payments). On Thursday, January 27, the Senate Finance Committee heard SB 1167 (ASRS; comprehensive amendments). Taken together, these bills contain the majority of the ASRS legislative agenda and include many of the same provisions as the ASRS bills heard in the House Committee on Employment and Regulatory Affairs two weeks ago. As the topic of pension reform continues to attract headlines and legislation, the League has assembled Regular Council Meeting - February 15, 2011 - Page 144 of 156 League of Arizona Cities and Towns - Legislative Bulletin Page 4 of 6 a workgroup to formulate proposals to modify the state's pension systems for the mutual benefit of both employers and beneficiaries. Additionally, the League was asked to participate in a stakeholder group assembled by the Senate to work collaboratively on pension reform. That task force, comprised of both employer and employee groups, will work to develop meaningful legislation to ensure the future solvency of Correctional Officers Retirement Plan (CORP), Elected Officials Retirement Plan (EORP), and the Public Safety Personnel Retirement System (PSPRS). The League appreciates the opportunity to be at the negotiating table and is optimistic that the end product will rectify the systemic problems with EORP and PSPRS. Residential Fire Sprinklers On Tuesday, January 25, the House Committee on Government heard HB 2153 (municipalities; counties; fire sprinklers; code). The legislation prohibits municipalities from adopting a code or ordinance requiring the installation of fire sprinklers in new residential construction. Proponents of the bill advocated its passage on the basis of personal choice -i.e., individuals should be able to choose whether or not they have sprinklers in their homes. Opponents testified that the legislation was contrary to the value of safety for homeowners, neighbors and firefighters. Despite the factual presentation by professional fire personnel and the opposition of the League, the bill passed by a vote of 6 -3. Spice Update HB 2167 (dangerous drugs; definition; synthetic) classifies the synthetic marijuana commonly known as "Spice" as a dangerous drug. The bill, supported by the League, was favorably reported by the House Committee on Rules earlier this week and will soon be scheduled for consideration by the Committee of the Whole. A companion bill in the Senate (SB 1202), sponsored by Senator Linda Gray (R- Glendale), will be heard on Monday, January 31 in the Senate Committee on Judiciary. Apartment Trash Collection The House Committee on Environment is scheduled to hear HB 2104 (trash collection; multifamily housing) on Tuesday, February 1 at 2:00 p.m. The purpose of the bill is to mandate that private waste haulers have the opportunity to contract for removal of trash from apartment complexes - a right that has already been legislatively conferred with respect to commercial complexes. Counterpart legislation (SB 1204) has been introduced in the Senate. Those Arizona cities and towns that have made substantial investments in the provision of such service could be negatively impacted by this legislation. Accordingly, the League opposes the bill and will coordinate committee testimony with other municipal experts. The League will keep you apprised of the status of this legislation. Third Party Sales Tax Administration SB 1165 (municipal taxes; auditors and collectors) was scheduled to be heard in the Senate Committee on Government earlier this week. Due to a change in committee assignment (from Senate Government to Senate Finance), the bill was not heard. SB 1165 is identical to a measure that was defeated three separate times last year. This bill would prohibit cities and towns from using a third party contractor to: • Audit any sales tax levied by the city or town on a contingency fee basis • Collect, administer or process any sales tax levied by the city or town A League resolution currently in effect opposes any measure that would rescind the authority of cities to self - collect sales tax. Accordingly, the League will continue to oppose this initiative and will alert you at such time as it is placed on a committee agenda or otherwise appears in the legislative process. Regular Council Meeting - February 15, 2011 - Page 145 of 156 League of Arizona Cities and Towns - Legislative Bulletin Page 5 of 6 Moving the Model City Tax Code Website to the Arizona Department of Revenue HB 2336 (city tax code; official copy) proposes to move the official version of the Model City Tax Code from the League of Arizona Cities and Towns to the website of the Arizona Department of Revenue. We are not sure why this change has been proposed. Since the inception of the Model City Tax Code, the League has maintained the official version. Over the years, the League has made multiple improvements to the site (several of which have been recommended by the business community) to enhance its user - friendliness. The League strives to keep the code accurate and timely. If discrepancies are reported, we make appropriate changes immediately. We have received no complaints about our maintenance of the site to date. The League feels that it has demonstrated responsible stewardship of the Code over the years, and we are puzzled by the proposed change. HB 2336 is scheduled for a hearing before the House Committee on Ways and Means on Monday, January 31. Legislator Profile - Representative Eric Meyer Having alked down a narrows it in the outback of Alaska Representative Eric Meyer g P P Y turned around to find that a grizzly bear had parked itself on the trail back to camp. With his only route to civilization blocked by a dangerous ursine beast, Rep. Meyer was otherwise surrounded by the frigid sea. What did he do in this perilous situation? . "I just talked to him until he went away." Such powers of persuasion will be desperately needed as the Democratic representative from Paradise Valley fights for his legislative priorities in a chamber dominated by the opposition party. Though legislative victories may be scarce this session, the easygoing and level - headed representative of District 11 takes it all in stride. He finds peace of mind in working hard, making reasoned decisions, educating people where he can, and recognizing that certain things are beyond his control. Rep. Meyer grew up in Scottsdale and graduated from both Cocopah Elementary School and Chaparral High School. Following graduation from the University of Southern California, where he studied economics, Rep. Meyer enrolled in medical school at the University of Arizona. There he met Sarah Snell: a graduate of Arcadia High School, the daughter of Richard Snell (a scion of the Snell and Wilmer legal empire), granddaughter of Arizona legend Frank Snell, and, significantly, his future wife. The good doctors embarked on a "couples match" residency in Portland, Oregon, where Rep. Meyer eventually became Director of the Providence Hospital Emergency Center. Meanwhile, his wife launched a successful obstetrics and gynecology practice that continues to this day. By and large, the rain clouds and wet weather of the Pacific Northwest steered the couple back to sunny Arizona, where Rep. Meyer's unusual path to elective politics commenced. Upon his return to the Valley, Rep. Meyer intended to take a sabbatical from his medical practice and immerse himself in a major home remodeling project. He successfully completed the project, performing the carpentry, wiring and plumbing work himself. "I'm not a professional," Rep. Meyer confesses. "I just watched a lot of episodes of This Old House." Having inched away from his medical practice, Rep. Meyer's sabbatical led to his reinvention as a stay -at -home dad. This in turn provided him with exposure to, and insight on, the state's public education system. Questioning why children in Arizona lacked the educational opportunities of those in Oregon, he became active in school politics. He served as president of a parent teacher organization, became the legislative liaison of the Scottsdale Parent Council, and was elected to the governing board of the Scottsdale School District. Rep. Meyer was persuaded to run for the House as a write -in candidate in 2008 when one -term Representative Mark DeSimone withdrew his name from the ballot. Having won that race and the general election that followed, he was Regular Council Meeting - February 15, 2011 - Page 146 of 156 League of Arizona Cities and Towns - Legislative Bulletin Page 6 of 6 re- elected to represent District 11 in 2010. District 11 is one of only two legislative districts in the state represented by members of different political parties in the House. (His seatmate is freshman Republican Representative Kate Brophy-McGee.) Rep. Meyer is one of only two medical doctors in the Arizona Legislature. Although he no longer practices, he remains board - certified, and his colleagues continue to seek his advice. "During flu season, there's a line of legislators outside my door," he quips. Focused on the issues of education and health care, Rep. Meyer is also a passionate defender of cities and towns. He recognizes that cities have been deeply affected by the economic downturn and that any reduction in state shared revenue would visit further harm upon municipal services, including police and fire protection, libraries, transportation, parks, assistance to the elderly and athletic leagues. He observes that these critical services and amenities are essential to the attraction of business and economic development, which in turn are necessary for the state's recovery. What does Rep. Meyer like to do when he's not facing down grizzlies, creating policy, dispensing medical advice or rebuilding houses? Adventuring is high on the list, as the entire Snell /Meyer family travels to remote locations to kayak, hike and fish for salmon. The doctors have two children, who are quite literally following in their parents' educational footsteps. 17- year -old Sophie is a senior at Arcadia High School, and son Clay is a freshman at Chaparral. "The boys go to Chaparral and the girls go to Arcadia," Rep. Meyer simply explains. It's no surprise that the kids inherited the smarts of their brainiac parents: Sophie has already been accepted on an early admissions basis to Stanford University. Rep. Meyer is currently planning his family's next trip to the wilderness. During their last trip to Alaska, they kayaked twenty miles along Pack Creek to a spot where grizzlies congregate. "If you don't do stupid things, you'll be relatively safe," advises Rep. Meyer. By that standard, the doctor's own prognosis is for bright skies and smooth sailing ahead. Legislative Bulletin is published by the League of Arizona Cities and Towns. Forward your comments or suggestions to league@azleague.org. Regular Council Meeting - February 15, 2011 - Page 147 of 156 League of Arizona Cities and Towns - Legislative Bulletin League of Anzona �. A Legislative Bulletin — ISSUE 5 - FEBRUARY 4, 2011 Legislative Overview Legislative activity continues at a furious pace in both the Arizona House and Senate. Monday, January 31 was the deadline for introduction of bills in the Senate. The corresponding House deadline is Monday, February 7. To date, a total of 1,233 bills have been filed in the two chambers combined. Of these, the League is actively monitoring 260 that involve identifiable and significant impacts on cities and towns. An unusually high number of "anti- city" bills have been introduced so far in the 50th Legislature. A discussion of several such measures follows. Bill Proposes Major Changes to Impact Fees ... Again Despite the fact that cities and towns are still in the middle of a three -year freeze on development impact fee rates, the homebuilding industry has had a new, large bill introduced that significantly rewrites nearly all the rules. The bill, SB 1525 (city; town; development fees), is sponsored by Senate President Russell Pearce (R -Mesa) and has many additional co- sponsors from the House and Senate. Following last years negotiations on impact fees (which resulted in extending the current rate freeze for nearly another year), the homebuilders were asked to accept a "freeze" on introducing new impact fee bills. That obviously did not happen. This bill undoes many items that have been agreed to during hours of negotiations between the homebuilding industry and cities and towns over the last six years. Among other things, the bill: • limits the number of things for which impact fees can be charged; • changes how the fees are to be calculated; • redefines which developments must benefit from impact fees and the process for updating a city's infrastructure improvement plan; • creates a new "advisory committee" in each city or town that must have at least 60 percent of its members from the real estate and homebuilding industries; • sets up an extensive 'offset" provision for other taxes and revenues collected from homeowners making it unlikely any impact fees could even be assessed; • establishes a refund provision; • greatly extends timelines for adoption of fee schedules; and • extends the "grandfather' provision for freezing rates on approved developments from two years to five years. Regular Council Meeting - February 15, 2011 - Page 148 of 156 Page 1 of 9 League of Arizona Cities and Towns - Legislative Bulletin Taken together, these huge changes move us substantially away from the fundamental principles that new growth should pay for itself and that costs of new development should not be shifted onto existing residents. Residential Rental Taxes SB 1160 (city sales tax; residential rental) requires that any increase on residential landlords go to a vote of the people. The bill passed the Senate Committee of the Whole on Thursday, February 3 and will likely go to Third Read next week. The League stro opposes the measure and encourages you to contact your senators to urge a "no" vote. Among other things, the bill: • Represents the epitome of special interest legislation, mandating special treatment for one group of taxpayers; • Reduces the flexibility of mayors and councils to manage municipal budgets; and • Creates a terrible precedent for other special interests seeking legislative protection from taxes. Apartment Trash Collection Tuesday's House Environment Committee heard but held HB 2104 (trash collection; multi - family housing). This bill would mandate that private waste haulers be given the opportunity to contract for removal of trash from apartment complexes - a right that has already been legislatively conferred with respect to commercial complexes. The Chair of the committee, Rep. Amanda Reeve (R - Phoenix), took testimony but did not allow a vote on the measure. The League and city public works officials testified as to the adverse effects of the bill, including the potential for revenue loss to municipalities and decreased service to residential rental properties. The bill will return to the committee in a couple of weeks, after the League and the proponents of the bill - the Arizona Multi - Housing Association - have an opportunity to meet and try to negotiate a compromise. The companion bill in the Senate, SB 1204, has not yet been scheduled for a hearing. Commercial Lease Tax Exemption SB 1166 (municipal tax exemption; commercial lease) passed the Senate Committee of the Whole on Thursday, February 3. It is likely to proceed to Third Read early next week. The bill exempts from taxation certain lease transactions between related corporations. Companion legislation in the House, HB 2230, passed the Rules Committee and may be considered by the House Committee of the Whole next week. The League opposes the legislation in its current form because: • The bill's financial impact on cities and towns remains unknown; • We are concerned that large corporations will be able to exploit the legislation as a tax avoidance device, even though sponsors of the bill have stated that it is intended as a protection to small businesses and sole proprietorships; and • We seek an opportunity to continue negotiations regarding the addition of a limitation ensuring that the legislation applies only to small businesses. Fire Sprinklers HB 2153 (municipalities; counties; fire sprinklers; code) passed the Rules Committee this week. The function of the Rules Committee is to review legislation to determine whether it is constitutional and in proper form. The bill was scheduled for discussion in Caucus meetings, but was pulled from the Majority Caucus calendar for Tuesday; the measure must pass through that Caucus before it goes to the full House. We unaware of the reason for the bill's withdrawal from the Caucus calendar but will keep you apprised of its progress. Regular Council Meeting - February 15, 2011 - Page 149 of 156 Page 2 of 9 League of Arizona Cities and Towns - Legislative Bulletin Model City Tax Code The House Ways and Means Committee heard HB 2236 (city tax code; official copy) on Monday, January 31. The bill, sponsored by Rep. Olson (R -Mesa) would require that the official version of the Model City Tax Code (MCTC) be maintained on a website of the Department of Revenue (DOR). (The MCTC website is currently maintained by the League of Arizona Cities and Towns.) The sponsor indicated in committee that the initiative was intended to move the MCTC to an entity that could be held liable for inaccuracies in the information. The League, which remains officially neutral on the bill, voiced its concerns over any implications that the MCTC website currently contains inaccurate information or is not updated in a timely fashion. The League is also concerned about the addition of responsibility to an already over - worked and understaffed state department. The bill was amended to make a technical change and passed out of committee. We will continue to monitor the bill and work with stakeholders as appropriate. Economic Development and Jobs Creation Sen. Yarbrough (R- Chandler) has introduced four bills to institute various forms of tax relief with the intended goal of encouraging economic development in Arizona. In total, the package of bills would impact cities on the order of tens of millions of dollars. The League testified on all four bills, expressing our support for gradual, targeted tax - cuts to inspire growth in our state; we are, however, cognizant of the bills' immediate and negative fiscal consequence for municipalities. The League testified as to estimated revenue losses, as well as to our position that such proposals should be considered in the larger context of the state budget as a whole. A synopsis of each of the four bills follows: SB 1161 (personal property tax; exemption; depreciation): Effective tax year (TY) 2012, the Department of Revenue must increase the maximum property tax exemption for personal property based on the average increase of the two most recent employment cost indexes, instead of the GDP price deflator. Also effective TY2012, it reduces the depreciated assessment ratios for certain personal property by 10 %. SB 1162 (corporate income tax rate reduction): Beginning in TY2013, proportionally reduces the corporate income tax from 6.968% to 5% over four years. SB 1163 (business property tax assessment percentage): Lowers the assessment ratio for commercial property from 20% to 18% over TY2012 and TY2013 and lowers the assessment ratio for agricultural property from 16% to 15% in TY2013. SB 1164 (income tax; corporate sales factor): Modifies one of the options for calculating the allocation of corporate income tax for TY2016 and in TY2017 changes that option to the sales factor. Spice SB 1202 (definition of dangerous drugs; synthetic) is the Senate companion to HB 2167. These bills classify the synthetic marijuana commonly known as "Spice" as a dangerous drug. On Monday, January 31, SB 1202 unanimously passed the Senate Judiciary Committee. Also this week, HB 2167 flew through the House Committee of the Whole and Third Read. Government Transparency On Tuesday, February 1, the House Committee on Government passed a bill sponsored by Rep. Yee (R- Phoenix) that would require counties and municipalities to prominently post tentative and adopted budgets on their websites within given timeframes and retain that information for five years. The League voiced both its neutrality on the bill and its general support of government transparency. We also registered a number of concerns. With regards to HB Regular Council Meeting - February 15, 2011 - Page 150 of 156 Page 3 of 9 League of Arizona Cities and Towns - Legislative Bulletin 2422 (local government budgeting; posting; publication), we drew attention to the fact that many cities currently provide the subject information. Furthermore, we believe that, through active education and outreach, other cities could accomplish the bill's transparency goals without legislation. The League did meet with the bill sponsor, who expressed a willingness to address issues related to the bill's implementation. The League is drafting amendatory language and will continue to monitor the bill's progress. Firearms Omnibus Legislation The Senate Committee on Judiciary will hear SB 1201 (firearms omnibus) on Monday, February 7th. This bill makes a multitude of changes to firearms law. The following summarizes some portions of the bill of especial concern to municipalities: • Strips away local control in dealing with confiscated weapons. • Mandates that public establishments and events have "accessible" secured gun storage if firearms are not allowed inside. This could mean a requirement to have multiple locations with lockboxes and security personnel, instead of the current requirement of one such secured system per establishment. • Provides that a person who is adversely affected by any ordinance, regulation, measure, directive, rule, enactment, order or policy who wins injunctive relief is to be awarded actual and consequential damages, attorney fees and costs in the trial and appellate courts. If an award ordered is not paid within seventy -two hours after the orders entry and publication, payment may be secured by seizure against any municipal vehicles used or operated for the benefit of any elected officeholder in the appropriate political subdivision. There was a large stakeholder meeting concerning this bill earlier in the week. Stakeholders focused on the development of an amendment to eliminate many of the bill's more egregious provisions. We will closely monitor Monday's hearing and continue to work with interested parties. Watch for more on this developing story in next week's Bulletin. Hazardous and Solid Waste Fees On January 24 and January 31, Rep. Amanda Reeve (R - Phoenix) and the Arizona Department of Environmental Quality (ADEQ) held stakeholder meetings to discuss proposed fees in the Hazardous Waste and Solid Waste programs intended to establish ADEQ as a self - funded agency. In connection with this effort, new fees are being proposed for Fiscal Year (FY) 2013. For FY 2012, ADEQ plans to seek an extension of the emergency fees that were authorized during last year's Seventh Special Session. Although many of the new fees - and proposed changes to existing fees - are quite high, the proposals are not finalized and are subject to the standard rulemaking procedure (which ADEQ could undertake as early as August/ September of this year). A finalized version of legislation incorporating these proposals will be available next week. The League will continue to monitor the legislation as it develops and weigh its impact against other alternatives. Urban Revenue Sharing and City Finances A guest column regarding urban revenue sharing, authored by League Executive Director Ken Strobeck, appeared in the Arizona Guardian on January 27. The full article can be found here. (starts on page 7) Ken also appeared on Channel 8 public affairs program Horizon on Thursday night to discuss the current status of city finances and the potential impact of various legislative proposals. You can see that interview at this link. (hftp://www.azpbs.org/video/Vidlink.php?vidld=2870) Legislator Profile - Representative Ted Vogt Question: What do Joan Rivers, Donald Rumsfeld, Tina Fey and Dick Cheney all have in common? Answer: a relationship to Arizona Representative Ted Vogt. Read on for details. Regular Council Meeting - February 15, 2011 - Page 151 of 156 Page 4 of 9 League of Arizona Cities and Towns - Legislative Bulletin In his 37 years, Rep. Vogt has already accomplished more than most individuals achieve in a lifetime. Yale University graduate. Distinguished military combat veteran. Improvisational actor. Investment banker in New York City. Advertising account executive in Chicago. Practicing attorney in Phoenix and Tucson. And now, Arizona legislator. Square - jawed, poised, and earnest -yet- affable, Rep. Vogt cuts a figure that is part Clark Kent, part Eagle Scout (an honor he earned in his youth - naturally), and part local chamber of commerce booster. Rep. Vogt's odyssey of accomplishment began in Council Bluffs, Iowa, where he was born. Before he was two years old, his family was relocated by his fathers company to Salt Lake City. Employed by Sperry- Univac (now L -3 Communications), the elder Mr. Vogt worked on the development of data links for intelligence platforms and other defense technologies that his son would later rely upon as a military officer in Afghanistan. Rep. Vogt was a public school student until sixth grade and then became, in his words, "a Protestant in a Catholic school system in a Mormon state." During his youth, Rep. Vogt grew to love the natural beauty of the Mountain West and spent a great deal of time hiking and camping in the Beehive State's sensational parks. Following high school, Rep. Vogt attended Yale University in New Haven Connecticut. Far, far from home, Rep. Vogt's spirits were never dampened by the miserable east coast weather or the uber- competitiveness of an Ivy League college. "I loved all four years," Rep. Vogt fondly recalls. He immersed himself in campus life and became involved in student government and crew. On the recommendation of a crew teammate, he even auditioned for the Dukesmen, a singing group that failed to invite the young crooner into its fold. A history major at Yale, Rep. Vogt's senior thesis was on the history of the remote control. After graduation, Rep. Vogt embarked upon a series of diverse and interesting professional adventures. He was a substitute teacher in Salt Lake City. In New York City, he worked as an investment banker in a mergers and acquisitions firm specializing in technology companies. He helped staff the Bob Dole presidential campaign. He then lived in Chicago, where, among other things, he served as an account executive for Leo Burnett Co., then the ninth largest advertising agency in the world. Okay, the connection to Joan Rivers is a bit of a stretch. Rivers did, however, get her start in 1959 as a comedienne at Second City in Chicago, the famed breeding ground for Saturday Night Live players and blue -chip comic headliners. Rep. Vogt belonged to the same troupe - albeit a bit later than the Queen of Mean. During his time with Second City (1997 to 2000), future SNL stars Tina Fey and Rachel Dratch were fellow members of the company, which often repaired to the Last Act, a local watering hole catering to the creative set. Improvisational performer by night, Rep. Vogt served as a civilian aide -de -camp of sorts to former Secretary of Defense Donald Rumsfeld by day. Secretary Rumsfeld, who had seen great potential in the future legislator when they worked together on the Dole campaign in 1996, remains a mentor and friend. (Rep. Vogt dined privately with the Secretary and his wife during a recent trip to Washington.) Rumsfeld supported Rep. Vogt's recent campaign for the legislature, securing personal contributions from former Vice President Dick Cheney, former Secretary of Defense Frank Carlucci, former Secretary of Energy Samuel Bodman, and other national Republican luminaries. "Ted, have you ever thought of going into the military? You should. It would do you some good." Four years after "Rummy" offered this recommendation, Rep. Vogt enlisted in the United States Air Force. He was inspired to do something that would both serve his country and help make the world a better place. He served for six years as an Air Force intelligence officer. After the attacks of September 11, 2001, he served in Afghanistan in support of Operation Enduring Freedom, and throughout the greater Middle East in support of Operation Iraqi Freedom. Regular Council Meeting - February 15, 2011 - Page 152 of 156 Page 5 of 9 League of Arizona Cities and Towns - Legislative Bulletin Upon conclusion of his military tour, Rep. Vogt landed in Tucson, where others in his family had relocated. He immediately felt the same way about Arizona that he had about Yale: he loved it, and he knew that it was where he was supposed to be. He enrolled in law school at the University of Arizona in 2007, graduated in 2010 and passed the Arizona bar exam on his first attempt. Jonathan Paton's resignation of a Senate seat to run for Congress in early 2010 initiated a series of events that led to Rep. Vogt's service as a legislator. Then - Representative Frank Antenori was appointed to succeed Paton as District 30's state senator. Rep. Vogt then received an appointment to fill the vacancy left by Antenori's departure from the House. Rep. Vogt was elected to the House seat in his own right last November. Rep. Vogt (whose district includes Patagonia, Sahuarita, Sierra Vista and Tucson) is pleased to be serving in the legislature at a time when states are rediscovering the role and power accorded to them by the U.S. Constitution. He regards Arizona as a "land of legends" and expresses great appreciation for the color and diversity of Arizona's cities and towns. That very diversity requires that municipalities retain some flexibility in how they manage local affairs. If Rep. Vogt's career arc continues on its extraordinary and expansive path, we may all find ourselves drawn closer to his growing network of relationships and connections. Six Degrees of Ted Vogt, anyone? Legislative Bulletin is published by the League of Arizona Cities and Towns. Forward your comments or suggestions to league@azleague.org. Regular Council Meeting - February 15, 2011 - Page 153 of 156 Page 6 of 9 Guest Column Ken Strobeck: Urban Revenue Sharing Thursday, 27 January 2011 15:19 - Last Updated Thursday, 27 January 2011 16:10 By Ken Strobeck Guest Columnist If anyone doubts the state's troubled economy is clobbering Arizona's cities and towns, they only have to look in the newspaper. "Phoenix details plan for cutbacks;" "Cities, Towns resort to layoffs;" "Falling revenues affect city operations." The story is the same from all parts of the state, from communities large and small. Yet, despite this unprecedented situation, cities and towns are making the difficult decisions to balance the delivery of vital public services with the revenues available. Using a combination of cuts in service, layoffs and retirements, streamlining and efficiency, and in some cases targeted revenue increases, they are living within their means and managing their communities responsibly for the benefit of all citizens. An essential part of keeping Arizona cities whole and operating is our system of revenue sharing. Established decades ago as a partnership between the people and their state government, the revenue sharing system is based on the principle that the state prospers only when its component parts prosper. When Arizona voters established the Urban Revenue Sharing system in 1972, they created a convenient single- source for revenue collections: the state government. But they made it clear that a portion of the funds collected (15 percent) actually belong to cities and towns. They are Regular Council Meeting - February 15, 2011 - Page 154 of 156 Page 7 of 9 1/3 Guest Column Ken Strobeck: Urban Revenue Sharing T hu r sday, 27 January 2011 15:19 - Last Updated Thursday, 27 January 2011 16:10 local funds collected by the state and remitted back on a per capita basis. The system has benefited both municipalities and the state as a whole. For businesses to succeed they need to locate in a place with excellent transportation and water infrastructure, a qualified work force, and safe, livable communities. That's exactly what Arizona's cities and towns do exceptionally well. Studies have shown that while 83 percent of the state's population lives within a city or town, more than 91 percent of the tax revenue collected by the state originates from financial activities within incorporated communities. In today's world, the economy of the state, from high -tech to manufacturing to retail, is based in our cities and towns. Why has this system functioned so well for so long? In part because cities and towns do not impose their own local income tax, because there is predictability in budgeting since proceeds are distributed on a "two -year lag" basis, and because money is spread to all parts of the state equally, which is particularly important to rural Arizona. This two -year delay allows the Department of Revenue adequate time to finalize income tax collection amounts so that the proceeds can be accurately distributed to cities and towns. The state government retains 85 percent of the proceeds. This delay also allows local policymakers to have some certainty about the amounts they will receive in the upcoming year, enabling them to plan on staffing and service levels. But, the delay is sometimes a double -edged sword. Even as the overall economy appears to be slowly stabilizing, cities and towns will still be experiencing another reduction of approximately 18 percent in Urban Revenue Sharing in the 2011 -12 fiscal year, just due to the poor economy of two years ago. Cities and towns operate in exactly the same economic environment as the state government. As state revenues have plunged in the last three years, local revenues have tracked along the same line, dropping approximately 30 percent. Regular Council Meeting - February 15, 2011 - Page 155 of 156 Page 8Of9 2/3 Guest Column Ken Strobeck: Urban Revenue Sharing Th u r sday, 27 Ja 2011 15:19 - Last Updated Th u r sday, 27 Ja 2 16:10 Arizona cities and towns provide the daily essential services that many people take for granted— water, sewer, garbage pickup, streets, parks, and the biggest category of all— police and fire services. Generally, more than 50 percent of a city's general fund expenditures are for public safety. Any formula change such as cutting or freezing revenue sharing funds would be a financial disaster for the state, harming the very building blocks that are the foundation of our economy. The League and its member cities and towns look forward to working together with Governor Brewer and members of the Legislature to implement a positive, forward- looking budget that creates the environment to put Arizona at the top of the list for businesses and individuals to prosper. Working together we will grow our economy back — stronger and more diversified. Ken Strobeck is the executive director of the League of Arizona Cities and Towns. 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