HomeMy WebLinkAbout05/18/2011 Council Agenda Packet ;RAN
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MARANA TOWN COUNCIL
REGULAR COUNCIL MEETING
NOTICE AND AGENDA
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, May 18, 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 others, please turn off or put in silent mode all pagers and cell phones.
_M eeting Times
Welcome to this Marana Council meeting. Regular Council meetings are usually held the first and
third Tuesday of each month at 7:00 p.m. at the Marana Town Hall, although the date or time may
change, or Special Meetings may be called at other times and/or places. Contact Town Hall or watch
for posted agendas for other meetings. This agenda may be revised up to 24 hours prior to the meeting.
In such a case a new agenda will be posted in place of this agenda.
_Speaking a 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.
Accessibili
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 - May 18, 2011 - Page 1 of 94
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 Tuesday, May 17, 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 ALLEGIANCE/INVOCATION/MOMENT OF SILENCE
APPROVAL OF AGENDA
CALL TO THE PUBLIC
At this time any member of the public is allowed to address the Town Council on any issue not
already on tonight's agenda. The speaker may have up to three minutes to speak. Any persons
wishing to address the Council must complete a speaker card located outside the Council
Chambers and deliver it to the Town Clerk prior to the commencement of the meeting.
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. 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
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
the Consent agenda, and that issue will be discussed and voted upon separately, immediately
following the Consent agenda.
Regular Council Meeting - May 18, 2011 - Page 2 of 94
C 1: Resol No. 20 1,1 -4 Relating to Facilities; approving and authorizing the
Town Manager to administer the amended Town of Marana Meeting Facilities Usage
Policy (Jane Fairall)
C 2: Or No. 20.1 Relating to Finance; amending the Town of Marana
comprehensive fee schedule; and declaring an emergency (Jane Fairall)
C 3: Reso No. 201 - 48: Relating to the Environment; adopting an energy
strategy for the Town of Marana (Keith Brann)
C 4: _ Resolution N 2011 -49: _Relating to the Marana Municipal
Airport; authorizing the Town Manager to execute a grant agreement with the
Federal Aviation Administration for funding in the amount of $418,122 for
reimbursement of cost overruns on the Airport Road Project and for costs associated
with the completion of an Airport Layout Plan at the Marana Municipal Airport and
to take all other actions necessary to secure and satisfy the grant (T VanHook)
C 5: Res No. 20 11 -50: Relating to Public Works; approving and authorizing
the mayor to execute an intergovernmental agreement with the Arizona Department
of Transportation to seek federal funding for the Ina Road bridge over the Santa Cruz
river (Cedric Hay)
C 6: Re No. 2011 -51: Relating to Development; approving the release of
the private improvement agreement for Bill Gaudette Drive, and acceptance of
public improvements for maintenance (Keith Brann)
C 7: Minutes of the April 26, 2011 study session and May 10, 2011 study session
LIQUOR LICENSES
BOARDS, COMMISSIONS AND COMMITTEES
COUNCIL ACTION
A 1: Re solution No. 2011 -52: Relating to Finance; approval and authorization of
the defeasance of debt related to the Marana Municipal Property Corporation, Series
2008B bonds (Meghan Doherty)
A 2: _ PUBLIC HEARING: Ordinance No. 2011.13: Relating to Development;
amending Marana Land Development Code Title 5 (Zoning) by adding
Section 05.02.06 (Medical Marijuana Land Uses in Zones A -E) and clarifying
cultivation in connection with the "medical marijuana dispensary" use, where
permitted; amending Marana Land Development Code Section 08.08 (Medical
Marijuana Uses) for clarity and to avoid inconsistency with final Arizona
Department of Health Services rules; and establishing an effective date
Resolution No. 2011 -53: Relating to Development; declaring as a public record filed
with the Town Clerk the amendments adopted by Ordinance No. 2011.13, amending
Marana Land Development Code Title 5 (Zoning) by adding Section 05.02.06
(Medical Marijuana Land Uses in Zones A -E) and clarifying cultivation in
connection with the "medical marijuana dispensary" use, where permitted; and
amending Marana Land Development Code Section 08.08 (Medical Marijuana Uses)
for clarity and to avoid inconsistency with final Arizona Department of Health
Regular Council Meeting - May 18, 2011 - Page 3 of 94
Services rules (Lisa Shafer)
ITEMS FOR DISCUSSION /POSSIBLE ACTION
D 1: Legislative/Intergovernme Re regarding all pending state and federal
legislation and report on recent meetings of other legislative bodies (Gilbert
Davidson)
EXECUTIVE SESSIONS
E 1: Executive Session pursuant to A.R.S. §38- 431.03 (A)(3), Council may ask for discussion or
consultation for legal advice with the Town Attorney concerning any matter listed on this
agenda.
E 2: Executive Session pursuant to A.R.S. § 38- 431.03(A)(3),(4) and (7), discussion
or consultation for legal advice with the Town's attorneys and discussion and to
consider its position and instruct the Town Manager and staff concerning (1) the
lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana
(consolidated), Maricopa County Superior Court No. CV2008- 001131, (2) pending
legal issues, settlement discussions and contract negotiations relating to the transition
of Marana wastewater collection and treatment to the Town of Marana
FUTURE AGENDA ITEMS
Notwithstanding the mayor's discretion of what items to place on the agenda, if three or more
council members request an item to be placed on the agenda, it must be placed upon the agenda
for the second regular town council meeting after the date of the request ( Marana Town Code,
Title 2, Chapter 2 -4, Section 2 -4 -2 B)
ADJOURNMENT
Regular Council Meeting - May 18, 2011 - Page 4 of 94
A;NA
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, May 18, 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: Resolution No. 2011 -47: Relating to Facilities; approving and authorizing the Town
Manager to administer the amended Town of Marana Meeting Facilities Usage Policy
Discussion:
In September 2005, the Town Council adopted a Meeting Facilities Usage Policy for the Marana
Municipal Complex (MMC) and the Marana Operations Center (MOC). The policy provides for
outside entities, such as other government agencies, civic and non - profit organizations and even
private citizens to rent certain of the Town's facilities. The policy also provides for a rental fee
schedule that varies based upon the room rented, the day and time of rental and whether or not
technical assistance is needed. The policy requires every entity renting the facilities to provide a
security deposit and a certificate of insurance naming the Town as additional insured, regardless
of the proposed use of the facilities.
The Town Manager's Office has administered the policy since its inception. In discussions with
the Town Manager and his staff, it has become apparent that the administration of the policy has
been somewhat complicated. Moreover, it was felt that the fee, deposit and insurance
requirement were overly burdensome for most uses, including uses by other government entities.
As a result, staff prepared the proposed revised policy. The revised policy includes the following
changes:
1. Elimination of all rental fees
2. Security deposits and certificates of insurance may be required by the Town depending upon
the nature of the event, the number of participants and the organization's past use of the facilities;
however, they will not ordinarily be required for normal facilities use
3. The new MOC Community Room will be available for use, rather than the Mesquite, Palo
Verde and Saguaro Rooms at the MOC
4. Clarifies appropriate uses /users of the facilities: includes Town employee groups and
associations that were not previously included, allows for educational, cultural and community-
related groups to use the facilities, but not political organizations and private businesses.
Additionally, the facilities would not be available for religious services or weddings and private
special events for citizens.
5. Elimination of the prohibition of firearms /weapons in the facilities, based upon state
legislation
Regular Council Meeting - May 18, 2011 - Page 5 of 94
Staff believes that the revised policy will be more easily administered and will provide more
accessible use of the facilities for the appropriate groups. At the same time, the policy provides
the Town Manager's Office with flexibility to impose the additional requirements of security
deposits and insurance in appropriate circumstances.
Financial Impact:
Staff does not anticipate a financial impact. The rental fees in the current policy have not been a
significant source of revenue for the Town.
AT TACHMENT S:
Name: Description: Type:
D Reso_re Amended_Meetingjacilities Usage Policy_
(00026042). DOC Resolution Resolution
D Marana Facilities Policies_20050803_(00000468-
15).DOC Exhibit A - Meeting Facilities Usage Policy Exhibit
Staff Recommendation:
Staff recommends approval of the amended Meeting Facilities Usage Policy.
Suggested Motion:
I move to adopt Resolution No. 2011 -47, approving and authorizing the Town Manager to
administer the amended Town of Marana Meeting Facilities Usage Policy.
Regular Council Meeting - May 18, 2011 - Page 6 of 94
MARANA RESOLUTION NO. 2011-47
RELATING TO FACILITIES; APPROVING AND AUTHORIZING THE TOWN MANAGER TO
ADMINISTER THE AMENDED TOWN OF MARANA MEETING FACILITIES USAGE POLI-
CY
WHEREAS, on September 6, 2005, via Resolution No. 2005 -117 the Town Council ap-
proved a Town Meeting Facilities Usage Policy; and
WHEREAS, the Mayor and Council of the Town of Marana feel it is in the best interests of
the public to amend this policy.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, that the amended Town of Marana Meeting Facilities Usage Policy attached
to and incorporated by this reference in this resolution as Exhibit A is hereby approved.
IT IS FURTHER RESOLVED that the Town's manager and staff are hereby directed and au-
thorized to undertake all other and further tasks required or beneficial to carry out the terms, obliga-
tions, and objectives of the aforementioned Town of Marana Meeting Facilities Usage Policy.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MA-
RANA, ARIZONA, this 18 day of May, 2011.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Regular Council Meeting - May 18, 2011 - Page 7 of 94
(00026042.DOC I)
TOWN OF MARANA MEETING FACILITIES USAGE POLICY
A. Purpose. This usage policy is intended to provide guidelines and set procedures for use
and reservation of available Town meeting facilities at the Marana Municipal Complex,
11555 West Civic Center Drive (the "MMC ") and the Marana Operations Center, 5100 West Ina
Road (the "MOC "). The MMC and MOC meeting facilities addressed in this policy are
collectively referred to as the "Facilities ".
B. Facilities Available. The following Facilities are available for use pursuant to this
policy:
• MMC Council Chambers
• MMC Conference Center
• MMC Atrium
• MOC Community Room
The approximate seating capacity in each of the Facilities is as follows:
Marana Municipal Complex
Council Chambers —172
Conference Center — 100 (capacity varies based on room arrangement; lower
capacity when tables are used; may be divided into three rooms depending
on the size of the group requesting its use.)
Atrium — 164
Marana Operations Center
Community Room — 67
C. Allowed Groups/Uses. The MMC and MOC are primarily intended and designed for
Town of Marana government business and municipal office purposes. Therefore, the Facilities
are not available for religious services, for political organizations or events or to private
businesses. Additionally, the Facilities may not be used for commercial or fundraising activities.
However, the Facilities are available for the following uses:
• Town of Marana meetings. Examples include Town Council meetings, Town
Commission meetings, meetings between developers and members of the public as a part
of a Town project or process and neighborhood meetings.
• Federal, state, county, local or tribal government agency meetings.
• School district meetings. However, Town Facilities are not available for ongoing classes
as part of a school's regular curriculum.
• Town of Marana employee group or association meetings.
' As a general policy, the Council Chambers will not be made available if another Facility will
accommodate the group requesting its use.
Regu116 jA irAWip9 18, 2011 - Page 8 of 94 _ 1 - 4/12/2011 11:53:05 AM JF
• Educational, cultural, and community- related (non - political) group meetings or events.
Examples include the Marana Chamber of Commerce, Marana Heritage Conservancy,
AGTS and homeowners' associations.
D. Priority for Use of Facilities (in the following order).
1. Town Council meetings*
2. Town Board and Commission meetings*
3. Town staff and Town sponsored or hosted meetings*
4. Town co- sponsored meetings*
5. Federal, state, county, local tribal government agency and school district meetings
6. Town employee groups or association meetings
7. Educational, cultural, and community - related group meetings or events
*These categories are collectively referred to in this Policy as "Town- Managed Meetings ".
E. Facility Availability. Facilities at the MMC are available for use from 7:00 AM to
9:00 PM, Monday through Friday, excluding Town - recognized holidays Meetings shall
conclude by 8:30 PM, and the Facility shall be vacated no later than 9:00 PM. Facilities at the
MOC are available for use from 7:00 AM to 5:00 PM, Monday through Friday, excluding
Town- recognized holidays. Meetings shall conclude by 4:30 PM, and the Facility shall be
vacated no later than 5:00 PM. Town- Managed Meetings and meetings of Town employee
groups or associations are exempt from the requirements of this paragraph.
F. Facility Priority. Town- Managed Meetings shall be given preference at all times in
scheduling use of the Facilities. Other meetings will be scheduled on a first -come, first- served
basis. Because of high demand for the Facilities for Town - Managed Meetings, availability
of the Facilities during Regular Business Hours is extremely limited and subject to change.
If an unforeseen circumstance requires the use of any Facilities to be needed for Town - Managed
Meetings, a group or agency may be required to reschedule or relocate their meeting.
G. Scheduling. The MMC first floor receptionist shall be responsible for scheduling the
Facilities located in the MMC, and the MOC receptionist shall be responsible for scheduling the
Facilities located in the MOC. The person responsible for each of the Facilities shall maintain a
calendar of scheduled uses including the purpose of the meeting, the size of the group, time and
date of meeting, any special setup, and the person responsible for the meeting.
1. Town - Managed Meetings shall be scheduled as follows:
2 Town - recognized holidays are New Years Day (January 1), Martin Luther King, Jr. /Civil Rights Day
(third Monday in January), Washington's /Presidents' Day (third Monday in February), Memorial Day
(last Monday in May), Independence Day (July 4), Labor Day (first Monday in September), Veteran's
Day (November 11), Thanksgiving Day (fourth Thursday in November), Day after Thanksgiving (fourth
Friday in November), and Christmas Day (December 25)
Regu1jb 1 JWip9 51 may 18, 2011 -Page 9 of 94 -2- 4/12/2011 11:53:05 AM JF
• Town staff shall reserve the Facilities and receive confirmation of reservation by utilizing
a calendaring system maintained by the MMC first floor receptionist or the MOC
receptionist, as applicable.
• Town staff shall schedule technical assistance for either the Council Chambers or the
Conference Center through the Technology Services Help Desk.
2. All other groups /meetings shall be scheduled as follows:
• Contact the MMC first floor receptionist at (520) 382 -1999 for availability and
scheduling of the Facilities in the MMC, or contact the MOC receptionist at
(520) 382 -2500 for availability and scheduling of the Facilities in the MOC.
• Organizations or groups wanting to schedule use of the Facilities must schedule at least
seven working days prior to the event or meeting unless this requirement is waived by the
Town Manager's Office.
• A Facilities permit application and use agreement must be completed and include the
necessary information. Tentative reservations can be taken over the telephone; however,
the permit application and use agreement must be submitted to the MMC first floor
receptionist (for MMC Facilities) or the MOC receptionist (for MOC Facilities) no later
than five days after the tentative reservation has been made. If the agreement is not
received, the tentative reservation will be cancelled.
• The Facilities permit application and use agreement will be forwarded to the Town
Manager's Officer for approval or disapproval and for the imposition of any additional
conditions, such as a security deposit or insurance requirements.
• Depending upon the nature of the event, the number of participants and the organization's
past use of the Facilities, an organization may be required to provide a security deposit
and/or a certificate of insurance naming the Town of Marana as an additional insured.
• The person scheduling and signing the permit application and use agreement must be at
least 18 years of age.
• Meetings may be scheduled up to three months in advance; however, if an unforeseen
circumstance requires the use of any Facilities to be needed for Town - Managed
Meetings, a group or agency may be required to reschedule or relocate their meeting.
• Groups utilizing any of the Facilities must comply with the provisions in Title IIA of the
Americans with Disabilities Act.
• Groups or organizations desiring to reserve Facilities on an on -going or regular basis are
encouraged to request approval by the Town Council of a formal written meeting facility
use agreement, containing such terms and provisions as the Town Council determines
appropriate based on the nature, extent, duration and purpose of the use.
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H. Visitor Parking and Entrance. Parking is available at the parking lots north and east of
the MMC. Access to the Council Chambers and the Atrium is through the front entrance of the
MMC. The Conference Center is accessed either through the front entrance of the MMC (during
regular business hours) or via the elevator or outside staircase (after regular business hours). For
the MOC, parking is available south and west of the main MOC entrance.
I. Rules of Conduct. The following rules apply to all meetings in the Facilities (rules
marked with an asterisk [ *] do not apply to Town - Managed Meetings):
• Any group using the Facilities shall not discriminate on the basis of race, color, national
origin, sex, religion, age or disability.
• Any group using the Facilities shall conduct their meetings and themselves in a professional
and courteous manner.
• All activities must be under adult supervision, eighteen years of age or older.
• The responsible party must restore the Facilities to their original condition. No custodial
services are provided with the use of the Facilities. The user will be responsible for cleaning
up the room and removing any trash.
• The Town will not be responsible for any furniture or equipment brought by the user, and
such equipment must be removed at the conclusion of the event.
• Town furniture shall not be moved between rooms.*
• The Town will not store equipment, supplies, materials, etc., for organizations using the
rooms.*
• The user may post signs or notices upon the premises; however, nothing that may injure, mar,
or in any way deface the premises shall be used. Nails, hooks, adhesive fasteners, tacks or
screws are prohibited on any part of the building or premises.*
• Open flames are prohibited in the Facilities.
• No animals shall be allowed upon the premises except dogs assisting disabled individuals.
• Smoking is prohibited in Town Facilities.
• The total number of people shall not exceed the posted capacity of any of the meeting rooms.
• The event shall be confined to the reserved area and shall not interfere with the general
public or any other ongoing activities within the Facilities.*
• The use of the Town of Marana name is strictly prohibited by any organization or person for
any purpose in connection with the use of the meeting rooms for publicity or otherwise
except to identify the location of the event. Unapproved use of the Town of Marana name or
logo shall be grounds for termination of the use agreement and may be subject to other legal
action.*
RegulI6 S% Wtip9 5) May 18, 2011 - Page 11 of 94 -4- 4/12/2011 11:53:05 AM JF
• The permitted use of the Facilities by a group does not, in any way, constitute an
endorsement by the Town of Marana of the user's policies or beliefs.
• Food and beverages are prohibited in the Council Chambers.
• With the exception of the Council Chambers, food and beverages are permitted in the
Facilities. The meeting organizer is responsible for providing all food and beverages and any
necessary equipment and supplies. No coffee service equipment or supplies are available.
Red punch is prohibited. Any damage due to food or beverages will be assessed and billed to
the sponsoring department or organization.
• Alcoholic beverages are prohibited.
• The Town Manager and designated Town officials and employees shall have free access to
all areas at all times.
• The Facilities used by the applicant will be examined carefully after use. If there is any
damage, the Town will make all repairs and bill the applicant. The applicant shall pay for all
damages to Town property arising from the use of the Town Facilities where the applicant is
deemed responsible. If the applicant causes any damage to Town property, the applicant may
be denied future use of the Facilities, may be required to provide a security deposit and /or
may be required to provide a certificate of insurance naming the Town of Marana as an
additional insured.
• The Town reserves the right to revoke a group or organization's right to use the Facilities at
any time, including during an event if there is a danger of injury or damage to person(s) or
property.
Regu116 1A kJWp95)May 18, 2011 - Page 12 of 94 -5- 4/12/2011 11:53:05 AM JF
MAR ANA
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, May 18, 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: Ordinance No. 2011.12: Relating to Finance; amending the Town of Marana
comprehensive fee schedule; and declaring an emergency
Discussion:
Tonight's agenda includes an item which, if adopted, will amend the Town's Meeting Facilities
Usage Policy. If approved, the amended policy will eliminate all rental fees for usage of Town
facilities. In addition, security deposits will not be required for every usage of the Town's
facilities, but may be required by the Town, depending upon the nature of the event, the number
of participants and the organization's past use of the facilities.
The attached ordinance amends the Town's comprehensive fee schedule to conform to the
amended Meeting Facilities Usage Policy.
Financial Impact:
Staff does not anticipate a financial impact. The rental fees in the current Meeting Facilities
Usage Policy have not been a significant source of revenue for the Town.
ATTACHMENTS:
Name: Description: Type:
E] Ord..--adopting—amended fee_schedule_
(00026045).DOC Ordinance Ordinance
Staff Recommendation:
Staff recommends approval of the amended comprehensive fee schedule.
Suggested Motion:
I move to adopt Ordinance No. 2011.12, amending the Town of Marana comprehensive fee
schedule; and declaring an emergency.
Regular Council Meeting - May 18, 2011 - Page 13 of 94
MARANA ORDINANCE NO. 2011.12
RELATING TO FINANCE; AMENDING THE TOWN OF MARANA COMPREHENSIVE FEE
SCHEDULE; AND DECLARING AN EMERGENCY
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, which was subsequently amended via Ordinance
No. 2010.12, effective September 2, 2010; and
WHEREAS amending the comprehensive fee schedule as set forth in the ordinance 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 and amended pursuant to Marana Ordinance No. 2010.12 is hereby amended as
follows (with deletions shown with stfikeouts and additions shown with double underlining) (only the
amended fees are shown; all other fees remain unchanged):
Fee /Description Amount Unit of Notes
Measure
MISCELLANEOUS nn^'M^.,Y
t T T hr
�o, 1M., ,^,�.�..M. minimum rent
Weekends $95.09 fCr hn T ii-rtc Y° c ° - - hn --
minimum �
Facility U-se dental Council Chambers; Security Deposit $500.00 r°eF FeAtal If required by the
town based on
nature of event.
number of
participants and
Facility Rental; Genferenne Gente F• o le Q u 8 TThrec°rren, ours ' minimum r ntal
C.•,..ility Rental; GenfereRGe (`enter; F \A/ L r! , $35.00 PeFhew TThree —hn,—
Cnnilit.. Ceet.�l• !`e..fe Fenno Ge..tw; Tenhnin..l A $35.90 Per hn T hou
' Aeg4ar-�e Hews minimum r ntel
, $ 50.00 PaeF h ow T ihc e ti ° --, h n --
minimum r ntal
Facility Uae # eMal; Conference Center; Security Deposit $200.00 °er Fental If required by the
town based on
nature of event_
number of
participants and
matuae
$25.98 gym_
New%
Evenings $49.00 T T h rpa -h hri —
Rep 1 - Pa a 14 of 94
Marana Ordinance 2011.12 (00026045.DOC I)
Facility Use Rental; Municipal Complex Atrium, Security $500.00 °er; nt;4 If required by the
Deposit town based on
nature of event.
number of
participants and
$26.00 °e: hou Rate is peF Feet
1= "" Rental; Marana Operations GenteFj G.enGnw, $36.90 F hGU F ThFee - heuF
Week6ds and Holidays miniFnUF+ Fenta
Rate per Fe
Facility Use Rental Marana Operations Center Community $50.00 PeF Fetal R a te per
Room. Security Deposit If required by the
town based on
nature of event
number of
participants and
past use
$i5.00 P-ceF
saAGe#a#Gi4
FaGilit„ Rental; Reran. Setup ree 0 Ppr
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 or parts of ordinances in conflict with the provisions of this
ordinance are repealed as of the effective date of this ordinance; provided, however, that this repeal shall
not affect the rights and duties that matured or penalties that were incurred and proceedings that were
begun before the effective date of the repeal.
SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for
any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the
decision shall not affect the validity of the remaining portions of this ordinance.
SECTION 5. Since it is necessary for the preservation of the peace, health and safety of the Town
of Marana that this ordinance become immediately effective, an emergency is hereby declared to exist, and
this ordinance shall be effective immediately upon its passage and adoption.
PASSED AND ADOPTED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this W h day of May, 2011.
Mayor Ed Honea
ATTEST: APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney
Regular Council Meeting - May 18, 2011 - Page 15 of 94
Marana Ordinance 2011.12 2 (00026045.DOC/)
ARAN
=
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, May 18, 2011, 7:00:00 PM
To: Mayor and Council Item C 3
From: Keith Brann , Town Engineer
Strategic Plan Focus Area:
Commerce, Progress and Innovation
Strategic Plan Focus Area - Additional Information:
Commerce: Pursue mechanisms to incentivize alternative energy industries.
Progress and Innovation: Analyze and update town building and land development codes as
appropriate to account for new innovations in "green building" and sustainability.
Progress and Innovation: Research and develop policies for implementation and incentives to
build in a sustainable manner.
Subject: Resolution No. 2011 -48: Relating to the Environment; adopting an energy strategy
for the Town of Marana
Discussion:
As part of a Department of Commerce grant awarded to the Town through the American
Reinvestment and Recovery Act (ARRA), there were three deliverables. The deliverables and
status is listed below:
Energy Audit: Complete. The Town hired AMEC Consulting to complete an energy audit on the
Marana Municipal Center and the Marana Operations Center. This document outlined the energy
and cost savings that could occur by making various modifications (examples include: replacing
light bulbs, reducing the number of personal fridges, centralizing HVAC system, etc.).
Demonstration Project: In progress. The Town selected the Marana Operations Center as the
location for the demonstration project. The project will include replacing the windows with
double pane windows and replacing three of the air conditioning units with newer models with
better energy efficiency. This project began on April 16th and should be completed in May.
Work will be conducted on Saturdays to limit the disturbance to Marana employees and citizens
conducting business at the MOC. The Town will use the upgrade as an educational opportunity
to share with different interested groups within the community. The Town will demonstrate the
amount of energy and money that can be saved with these types of projects.
Energy Efficiency and Conservation Strategy: After several drafts that were reviewed by
Town departments, Staff presented the strategy to council on March 22, 2011 for comments.
Regular Council Meeting - May 18, 2011 - Page 16 of 94
Based upon council and departmental feedback, staff has revised the strategy and is now asking
for adoption of a resolution recognizing the strategy as a means to achieve several energy
efficiency goals from the Town's strategic plan.
Financial Impact:
Any financial commitment by the Town will be decided on a per project basis and will not be
selected if the return on investment is not favorable to the general fund. Each project should save
the Town money in the long run and a portion of initial investments could potentially be
recovered through various rebates. Also, the Town could pursue alternative funding sources for
selected projects therefore having little to no effect on the general fund.
ATTACHMENTS:
Name: Description: Type:
❑ Resolution_Energy_Strategy.DOC Resolution Resolution
❑ EECBG Strategy_Final.doc Energy Efficiency and Conservation Strategy Backup Material
Staff Recommendation:
Staff recommends approval of the resolution.
Suggested Motion:
I move to adopt Resolution No. 2011 -48, adopting an energy strategy for the Town of Marana.
Regular Council Meeting - May 18, 2011 - Page 17 of 94
MARANA RESOLUTION NO. 2011-48
RELATING TO THE ENVIRONMENT; ADOPTING AN ENERGY STRATEGY FOR THE
TOWN OF MARANA
WHEREAS the Town of Marana desires to be an energy conscious organization; and
WHEREAS the Town of Marana's strategic plan envisions promoting energy efficiency
within the community; and
WHEREAS the Town of Marana received a grant from the department of commerce to
review the energy efficiency of the Town; and
WHEREAS one of the deliverables required for the energy efficiency grant was a
comprehensive energy strategy for the Town; and
WHEREAS the Town Council reviewed an energy strategy prepared by staff on March
22, 2011.
NOW, THEREFOR, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, that the energy efficiency and conservation strategy attached
to this resolution as exhibit A shall be the guiding document for the Town of Marana in regards
to energy efficiency and conservation.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 18`" day of May, 2011.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Regular Council Meeting - May 18, 2011 - Page 18 of 94
Town of Marana
Energy Efficiency
And
Conservation Strategy
May 2011
Regular Council Meeting - May 18, 2011 - Page 19 of 94
Table of Contents
Introduction .......................................................... ..............................3
Transportation Efficiencies ..................................... ..............................4
Background........................................................... ............................... 4
Current and Existing Projects ..................................... ..............................4
Opportunities and Challenges .................................... ..............................5
StrategicDirection ................................................... ..............................6
Initiatives and Actions .............................................. ............•.................6
Buildings, Infrastructure and Equipment .................. ..............................8
Background.......................................................... ............................... 8
Current and Existing Projects .................................... ..............................9
Opportunities and Challenges ................................... ..............................9
StrategicDirection .................................................. .............................10
Initiatives and Actions........ • ..................................... .............................
Water Conservation and Management ..................... .............................13
Background........................................................... .............................13
Current and Existing Projects ................................... .............................13
Opportunities and Challenges .................................. .............................14
StrategicDirection ................................................. .............................14
Initiatives and Actions ............................................ .............................14
Renewable Resources ............................................ .............................16
Background........................................................... .............................16
Current and Existing Projects .................................... .............................16
Opportunities and Challenges ................................... .............................16
Strategic Direction ........................... ............................... • ....................17
Initiatives and Actions .............................................. .............................17
Solid Waste Reduction ........................................... .............................17
Background.......................................................... .............................17
Current and Existing Projects .................................... .............................18
Opportunities and Challenges ................................... .............................18
Strategic Direction .................................................. .............................18
Initiatives and Actions .............................................. .............................19
CommunityOutreach ............................................. .............................19
Background............................................................ .............................19
Current and Existing Projects ..................................... .............................20
Opportunities and Challenges ..................................... .............................20
Strategic Direction ................................................... .............................20
Initiatives and Actions .............................................. .............................21
Conclusion ........................................................... .............................22
Regular Council Meeting - May 18, 2011 - Page 20 of 94 -2-
1. Introduction
Town of Marana (Town) was awarded federal funding through the
Energy Efficiency and Conservation Block Grant program funded as
part of the American Recovery and Reinvestment Act (ARRA) of 2009.
The award provided the Town an opportunity to develop an Energy
Efficiency and Conservation Strategy (Strategy). Adopted by the
Marana Town Council on 5/03/2011 (Resolution No. ###). This
document will serve as the guide for development and implementation
of energy saving projects and programs and as resource to inform
policy direction.
During development of the Strategy, the Town assembled a multi-
disciplinary team of internal staff with a wide knowledge base and
operational expertise. This team worked collectively to synthesize
existing data, energy audits, and public \stakeholder feedback into a
workable strategy with the overarching goal of achieving energy
savings across the organization and throughout the community.
In order to achieve these community energy efficiency and
conservation goals the strategy will focus on the following areas:
• Transportation Efficiencies
• Buildings, Infrastructure, and Equipment
• Water Conservation and Management
• Renewable Resources
• Solid Waste Reduction
• Community Outreach
The strategy includes initiatives designed to facilitate behavioral
change within the organization and offer guidance to the greater
community. Each focus area includes initiatives and actions for
implementation of the strategy. Each initiative provides specific short-
term, long -term, and ongoing actions developed by the team to
address the goals and objectives set forth in this document.
Short-term actions are defined as projects with an estimated
completion date in the 0 -5 years range. Long -term actions are
projected to be initiated sometime after the 5 year mark. Ongoing
actions are those initiatives in place and being continued, and /or those
repeated on an established schedule.
This strategy has been developed as an adaptive plan intended to be
responsive to new ideas, technologies, partnerships, and shifts in
available resources. To insure accountability, a yearly report will be
developed to indicate performance. Major updates will be conducted at
Regular Council Meeting - May 18, 2011 - Page 21 of 94 -3-
a minimum every five years, with smaller adjustments occurring as
needed, based on the results of an ongoing monitoring and evaluation
program.
Measuring the energy efficiency improvements linked to the actions
described for each focus area within this strategy has been integrated
into this document. Baseline information is provided for each focus
area serving as the benchmark for measuring outcomes of the actions.
Energy conservation can be promoted and supported through the
implementation of programs, provision of incentives, and improvement
of existing development standards. This strategy serves, as a resource
for the Town to establish policy direction.
The Town began its look at energy use within the community by
compiling information on municipal energy use, tracking use trends
across the organization, identifying saving opportunities, and
establishing criteria for setting priorities for the allocation of future
funding.
The Town included an Energy Element in the 2010 General Plan that
provides the background and history of internal projects and activities
to date. The Energy Element also establishes general goals and future
actions. The Strategy is the implementation plan of the goals
established in the General Plan and describes public outreach and
public education opportunities designed to meet one of the Community
Building goals outlined in Marana's Strategic Plan.
2. Transportation Efficiencies
a. Background
Developing transportation efficiencies is critical as the Town moves
forward in the implementation of behavioral change. This section
describes the Town's transportation systems, infrastructure, fleet
vehicles, maintenance procedures and multi -modal systems. The
Town has not established an energy goal related to transportation, but
has been working on projects that work to reduce energy consumption.
Since 2006, new installations of traffic signals use light emitting diode
(LED) lighting and currently there is an effort to find funding to replace
existing traffic lights with LED lighting. The Town also uses Synchro
7.1 technology, a computer -based tool that assists in the development
of signal coordination within Town limits, thereby reducing vehicular
idling times. The Town is also working with regional partners to
establish coordinated signals along shared transportation corridors to
Regular Council Meeting - May 18, 2011 - Page 22 of 94 -4-
improve traffic flow. This reduces both air pollution as well as fuel
consumption in the community.
Pollution resulting from the use of cars is one of the major factors that
negatively impacts air quality in our region. Carpooling, using clean
technology vehicles, and choosing alternative modes of transportation
such as public transit, biking, or walking can help reduce congestion
and improve air quality.
b. Current and Existing Projects
• The Town has expanded its public transit options via the Sun Tran,
Sun Express, and Sun Shuttle programs. Working with regional
partners, the Town is able to provide multiple express options,
fixed -route services, and circulators designed to serve customers
and expand access to transit services.
• The Town is developing a more multimodal transportation system
for the community that includes completion of undeveloped
sections of the Santa Cruz River Shared -Use Path.
• The newly completed Silverbell Road project between Cortaro
Road and Ina Road widened the road from two to four lanes to
improve the capacity of the roadway and includes bike lanes and
sidewalks to encourage more multimodal transportation. The
improvements have reduced idling times for vehicular traffic. By
using native vegetation that does not require watering beyond the
establishment period along the roadway, the project reduces long-
term water use.
• The newly completed section of Twin Peaks Road offers three and
a half miles of new roadway that reduce the number of vehicle
travel miles by providing direct access to Interstate -10. This
roadway project also included the provision of a shared -use path
and bike lanes. The native vegetation planted along the roadway
will not require watering beyond the establishment period.
• The Town is currently designing shared use paths to provide multi -
modal connectivity in both Northern and Southern Marana, along
the Santa Cruz River. These shared -use paths were outlined in the
Town's Trails Master Plan (DATE — RESOLUTION NO).
• The Town uses recycled rubberized asphalt on all its paving
projects.
c. Opportunities and Challenges
There are many opportunities and challenges for the Town in regards
to transportation. Marana's fleet as of early 2011, consists of 204
vehicles, and currently has a small percentage of hybrid vehicles for a
fleet this size. The Town would like to see that number dramatically
Regular Council Meeting - May 18, 2011 - Page 23 of 94 -5-
increase but purchasing new vehicles has been postponed due to
current funding constraints.
Another area that was affected by lack of funding was the Town's
Carpool Incentive Program. The Town previously offered a monthly
stipend for any of its employees who carpooled or used an alternative
mode of transportation such as biking to work. Carpool ridership has
been greatly reduced since the funding incentive was discontinued.
The Town is confident that it will be able to address its challenges and
will continue to improve and provide the type of transportation options
Marana's residents and employees deserve.
An ongoing challenge is the constant need to adjust the Town's
transportation systems to accommodate new development or traffic
patterns. Such changes help to maintain an efficient and safe
transportation system that contributes to reducing vehicular idling
times.
d. Strategic Direction
Marana desires to create a balanced transportation system that is
sustainable, multimodal, accessible to all persons, and that provides
safe and efficient mobility. There are several ways for the Town to
achieve these goals and the logical place to start is by improving the
efficiency of our fleet.
The Town fleet, as of 2011, consists of a little over 200 vehicles,
ranging from sedans to heavy duty trucks. Currently, only about 3% of
the fleet utilizes hybrid technology which gives the Town a chance to
drastically improve that number. The Town is looking to double that
percentage to 6% through our vehicle replacement program.
e. Initiatives and Actions
Initiative: Emphasize safe and efficient vehicular and pedestrian
movement throughout the Town and into neighboring jurisdictions
Short Term Actions:
• Construct shared use path extending for 2.7 miles from the
existing Gladden Farms Park
• Construct shared use path from Coyote Trails Elementary to the
newly constructed District Park
Regular Council Meeting - May 18, 2011 - Page 24 of 94 -6-
Long Term Actions:
• Design and construct safe and efficient pedestrian movement
with multi -use paths and bike lanes to encourage walking and
biking
• Explore opportunities to connect the Santa Cruz River shared
use path to other sections region -wide
Ongoing Actions:
• Improve signal coordination to allow for more efficient traffic flow
and less gas consumption
• Exploring opportunities to increase the number of coordinated
corridors regionally and locally
Initiative: Reduce energy use of Town fleet (cars and trucks)
Short Term Actions:
• Improve how gas usage is collected, monitored, and reported by
having better control of fuel stations and fuel reports
• Double the percentage of hybrids currently in fleet from 3% to
6%
• Determine use of fleet trucks and whether four wheel drive is
appropriate for its use
Long Term Actions:
• Incorporate electric vehicle infrastructure at Town buildings and
facilities
• Add electric vehicles to the Town fleet
• Construct a Town -owned fuel station
Ongoing Actions:
• Continue to work with Pima County on improving gas usage
reporting
Initiative: Reduce vehicle miles traveled by employees
Short Term Actions:
• Provide incentives for employees to carpool and promote public
transit as a transportation option
• Create an information center for employees on the Town
intranet site to facilitate carpooling
• Research and evaluate the opportunity to re- establish a Town
carpool incentive program
Regular Council Meeting - May 18, 2011 - Page 25 of 94 -7-
Ongoing Actions:
• Work with Pima Association of Governments (PAG) and the
Regional Transportation Authority (RTA) to enhance transit
alternatives to better serve employees
Initiative: Incorporate energy savings into road construction and
maintenance in a manner that insures durability
Ongoing Actions:
• Seek opportunities to utilize recycled asphalt paving (RAP) in
Town paving and projects
• Include funding in CIP for new roads to receive rehabilitation
after first two (2) years to extend life of pavement
Initiative: Incorporate renewable or high efficiency technology into traffic
operations
Short Term Actions:
• Standardized the use of LED's for parking lot and street lighting
Ongoing Actions:
• Utilization of solar powered traffic signals (Ex: crosswalk and
school zone lights) when appropriate
• Upgrading all existing traffic and street lights to LED's
3. Buildings, Infrastructure, and Equipment
a. Background
The Town is currently responsible for buildings, facilities, and
equipment including municipal structures, street lights, water wells and
pumps, and office equipment. Each of these areas has the ability to be
operated and constructed more efficiently and the Town is making
those efforts a priority.
The Town has several opportunities to improve how its buildings and
facilities are designed and constructed in the future to achieve greater
efficiency and reduce their energy use. The Town's goal is to set a
community and building industry standard and lead by example with
various green building projects throughout the organization.
Currently, there is a greater opportunity with the Town's existing
buildings and facilities to help reach that goal. The Town has identified
multiple projects that will allow its buildings and facilities to be
upgraded with energy efficient technology, therefore achieving energy
and budgetary savings.
Regular Council Meeting - May 18, 2011 - Page 26 of 94 -8-
The Town's facilities are an ongoing cost and investment so there will
always be ways to continually upgrade and operate in a way that
ensures energy efficiency and cost savings.
The Town's well infrastructure consists of approximately twenty five
(25) wells, various storage tanks, and booster and pump stations.
These valuable and important pieces of infrastructure are in various
stages of their useful life and on a maintenance schedule that replaces
old equipment when efficiency starts to deteriorate. The process of
selecting the new equipment should include an energy usage and an
efficiency rating, or equivalent, to insure that the best available product
was purchased.
The Town is currently responsible for over 700 street and traffic light
fixtures. The Town has been replacing old traffic lights with light
emitting diode (LED) light bulbs and is looking to establish the use of
LED's as a Town standard. Town operated street and parking lights
currently do not use more energy efficient fixtures, such as LED's, but
there is a desire to explore any and all opportunities to upgrade our
current fixtures.
Office equipment is an ongoing expense that requires upgrades in
technology and equipment on a reoccurring basis. This constant need
to upgrade generates a lot of waste in the form of electronic waste.
Instead of throwing these items away the Town sends them to auction
where we can recover some of our costs and insure that the item is
reused. Any items that are not sold at auction are then donated to
charity, using another avenue to extend the life of the product and
minimize landfill electronic waste.
b. Current and Existing Projects
The Marana Municipal Complex (MMC) server room was
upgraded to use the existing facility chilled water system. This
upgrade will reduce energy consumption, increase server room
equipment life, and reduce utility costs.
• An energy audit was conducted on the MMC and MOC with the
expectation that projects will be implemented as funding
becomes available.
c. Opportunities and Challenges
There are many opportunities for the Town to improve how its buildings
and facilities operate through retrofits and other improvements. Simple
Regular Council Meeting - May 18, 2011 - Page 27 of 94 -9-
upgrades in equipment or staff behavioral changes can improve the
way the Town's buildings and facilities operate.
The Town's challenge is to keep priorities within the limits of available
financial resources. Existing facilities must be kept safe and
operational while addressing expansion needs. Site selection and
allocation of funds for new facilities should be programmed in advance
of needed services. Private developers will continue to provide the
necessary infrastructure for their development projects.
The Town's well infrastructure is in various stages of the equipment's
lifecycle. Because of this there are always opportunities to upgrade
old and outdated equipment with more energy efficient technology.
Also, as the Town grows there will be more demands for new water
infrastructure. When selecting the new infrastructure energy efficiency
should be a major requirement for the procurement process. Buying
more efficient equipment will save the Town money throughout the
equipment's entire lifecycle. The challenge facing the Town is insuring
that retrofits and new equipment have little to no effect on the utilities
rate payers.
The Town has over 700 street and parking light fixtures that can be
upgraded to more energy efficient technology such as LED's. The
challenge is to find the necessary funding to allow the Town to retrofit a
portion or all of the existing fixtures. As lights need to be replaced
based on their normal lifecycle, LED light fixtures should be considered
the best option.
The Town replaces office equipment (computers, printers etc) on a
regular basis and the efficiency of the equipment should be a major
part of the procurement process. By purchasing more energy efficient
equipment, it reduces the operating costs over the lifetime of the
equipment.
d. Strategic Direction
The Town will use grant money to complete initial retrofits and then
reinvest savings into future improvements. The Town will also use the
recently completed energy audit to make other upgrades and efficiency
improvements as staff and funding permit.
Regular Council Meeting - May 18, 2011 - Page 28 of 94 -10-
e. Initiative and Actions
Initiative: Design and construct all Town buildings, facilities, and
equipment in a responsible and efficient manner to achieve energy and
budgetary savings
Long Term Actions:
• Set a community and building industry standard, promote Town
building and renovation efforts as Green Building demonstration
projects
Ongoing Actions:
• Encourage appropriate staff to receive training related to energy
and opportunities to receive Leadership in Energy and
Environmental Design (LEED) certification or the equivalent
Initiative: Evaluate opportunities for existing buildings to be retrofitted to
utilize cost effective technology to achieve a high standard of efficiency
and sustainable building
Short Term Actions:
• Develop a facilities maintenance plan that includes methods to
systematically upgrade facilities in accordance with energy audit
results and as funding becomes available
• Identify opportunities for retrofits that reduce energy
consumption to heating, cooling, and lighting systems
• Replace water use fixtures with modern low use
fixtures /technology to reduce water consumption
Ongoing Actions:
• Evaluate results from energy audit and select projects based on
available funding, cost savings, and return on investment
Initiative: Develop specific baseline information regarding current levels
of energy use
Short Term Actions:
• Determine energy use of all Town buildings, facilities and
infrastructure
• Identify water consumption of buildings, facilities, and
landscaping
Regular council Meeting - May 18, 2011 - Page 29 of 94 _ _
Ongoing Actions:
• Continue to monitor and track energy consumption data to
realize energy and costs savings
• Provide an annual report regarding progress and milestones
Initiative: Enhance occupant comfort, reduce deferred maintenance, and
decrease the need for capital dollars by improving the way our buildings
and facilities are operated
Short Term Actions:
• Re- Balance HVAC system to enhance occupant comfort
• Update Energy Management Control System (EMCS) to latest
version
• Ensure that key Town personnel receive proper training on how
to use EMCS to its fullest extent
Ongoing Actions:
• Install and utilize technology to enable centralized control and
programming of all energy use functions (heating, cooling,
lighting, office equipment, etc.)
• Balance environmental and economic considerations when
selecting building and replacement/renovation materials
Initiative: Insure that Town energy efficiency and conservation measures
(O &M and retrofits) are communicated with employees
Ongoing Actions:
• Review key elements of the strategy with all Departments on a
reoccurring basis. Milestones and challenges must be well
identified for employees
• Report savings and efficiency efforts on Town website and
encourage public input
Initiative: Reduce facilities energy consumption and cost by using energy
efficiency technology
Short Term Actions:
• Upgrade lamps and ballasts as needed
• Complete MMC server room cooling system upgrade
• Complete Police Department. server room cooling system
upgrade
Long Term Actions:
• Audit and systematically upgrade all Town pumps and wells to
insure energy efficiency gains. Extent and schedule of
Regular Council Meeting - May 18, 2011 - Page 30 of 94 -12-
upgrades is dependent on available funding and return on
investment
• Systematically upgrade all lighting systems with an emphasis on
parking lot, street light, and traffic lighting to insure energy
efficiency gains. Extent and schedule of upgrades is dependent
on available funding and return on investment
Ongoing Actions:
• Identify renewable energy sources for lighting and other outdoor
power and seek to convert as funding is available
Initiative: Strive for replacement of office, computer, and non - vehicle
equipment purchases by the Town to meet a high standard of energy
efficiency
Short Term Actions:
• Evaluate the usage and savings of a desktop power
management system
• Upgrade existing servers by moving to a virtualization platform
• Move all Town computers to a desktop virtualization platform
• Evaluate our procurement process so that energy efficiency is a
criteria used in the rating and evaluation procedure.
Ongoing Actions:
• Encourage all departments to buy Energy Star qualified
products
4. Water Conservation and Management
a. Background
Water concerns are not a new topic for Marana; it was one of the main
reasons the citizens decided to incorporate as a municipality in 1977.
With growing concerns over access to water along with the growing
population, the Town takes this issue seriously.
The Town's development of a comprehensive Water Master Plan,
integrated with the Sewer Basin Study reflects the Town's commitment
to creating a sustainable community. It supports the various business
opportunities within its borders while ensuring a lifestyle which
encourages outdoor exercise, partners with environmental groups to
retain and develop environmentally sensitive areas and protects
endangered species. The Town encourages development to build in a
contiguous manner thereby minimizing the number of additional
isolated water systems and minimizing overall infrastructure, initial
capital, and long term operational costs. Developing a comprehensive
Regular Council Meeting - May 18, 2011 - Page 31 of 94 -13-
water portfolio to provide the appropriate water resources for the
desired use maximizes effective and efficient application of limited
resources.
b. Current and Existing Projects
• Demonstration garden installed at the Marana Operations
Center (MOC) during 2010. The project scope included removal
of water consuming, installation of a timed irrigation system and
drought tolerant native plants, and creation of educational
materials.
• The Town Utilities Department is working with Tucson Electric
Power (TEP) to wheel hydro power allocation from substation to
well sites
• Tying the Twin Peaks well into the Linda Vista well system,
eliminates the use of a small well and incorporates it into a
larger and more efficient system.
• Constructing the Hartman interconnect to connect a smaller
system with a larger system to improve efficiency.
c. Opportunities and Challenges
The Town realizes there are numerous challenges when it comes to
conserving water. With these challenges come great opportunities and
Marana is in position to act on these opportunities with great results.
Some water issues need to be discussed at a regional level, others
can be discussed and addressed locally and initiated immediately.
Local projects not only benefit the Town's water system but can have
significant effects on the region's water system as well.
Tracking future water usage with an anticipated population, versus
usage with and existing population, will be a challenge. How the Town
reports future energy savings will be important for justifying efficiency
upgrades and practices.
d. Strategic Direction
There are several ways in which the Town plans on addressing these
concerns. First, all necessary water fixtures in Town buildings and
facilities will be retrofitted to reduce water consumption and promote
conservation. Next, the Town will reduce the amount of potable water
it uses for landscaping and irrigation by gaining access to non - potable
water and using only drought tolerant native plants for landscaping.
Finally, the Town will establish water use baselines and evaluate costs
Regular Council Meeting - May 18, 2011 - Page 32 of 94 -14-
for all buildings and facilities. This data will ensure that retrofit and
conservation efforts are working and remain effective.
e. Initiative and Actions
Initiative: Retrofit existing Town buildings and facilities in a cost effective
manner to reduce water use and promote conservation
Short Term Actions:
• Internal staff will audit all interior and exterior water fixtures and
devices. Identify type, water use, age, performance and
condition
• Identify cost and scope to incorporate xeriscape landscape
design at the MMC
Ongoing Actions:
• All new fixtures and devices must be EPA WaterSense
approved or the equivalent
• Develop a maintenance plan and incorporate it into facility
staff's annual work calendar
Initiative: Reduce the amount of potable water used for landscape
irrigation at Town facilities and along public roadways
Short Term Actions:
• Systematically stop irrigating landscaping in all areas with
drought tolerant vegetation
Long Term Actions:
• Gain access to non - potable water resources
Ongoing Actions:
• Roadway landscaping must be able to survive without irrigation.
Irrigation may be enabled for an establishment period
• Plant species that are indigenous to the local area must be
utilized when landscaping
• Require turf only be used as a functional landscape, such as
play areas and ball fields. Turf should not be used for purely
aesthetic purposes
Initiative: Track water consumption and utility cost for each Town facility
and use data to evaluate and track the efficiency of each facility
Short Term Actions:
• Establish water use benchmarks for all Town facilities to allow
for measureable results on conservation measures
Regular Council Meeting - May 18, 2011 - Page 33 of 94 -15-
• Establish and identify water infrastructure meter use and
location to accurately monitor consumption.
Ongoing Actions:
• Use Energy Star Portfolio Manager to track water use and verify
savings from efficiency projects
5. Renewable Resources
a. Background
The Town's use of renewable resources has been limited due to a lack
of funding. Alternative funding sources and programs have recently
been established to reduce and in some cases eliminate the large
amount of capital needed to fund and maintain renewable resources
like solar power.
Marana recognizes the need to conserve energy and increase our use
of renewable energy sources. As a first step, the Town is improving
energy efficiency of Town buildings and Town operations and plans to
develop a solar plan detailing what solar options, if any, Town buildings
and facilities currently have.
b. Current and Existing Projects
• Solar technology for street lights and irrigation was used along
recently completed Airport Road, East of the Marana Regional
Airport.
• Installed a solar flashing light for new stop sign at Emigh and
Sandario intersection
c. Opportunities and Challenges
One of the biggest challenges facing the Town and its renewable
energy goals is the upfront cost. Recently, the State of Arizona passed
a law stating that schools and local governments could enter into solar
power purchase agreements (SPPA) with solar providers. SPPA's
allow a solar provider to install panels at no up front cost to the
organization and in return the organization agrees to purchase power
from the panels at a set rate for a period of time, usually around twenty
years.
The Town has a limited number of structures and property available for
solar and will need to quantify the amount of electricity being
generated from the photovoltaic (PV) system to determine if
replacement is justified. Also, the Town will need to determine which
Regular Council Meeting - May 18, 2011 - Page 34 of 94 -16-
structures are capable of supporting the additional weight load of a PV
system and how much.
d. Strategic Direction
Marana plans to promote and protect the economic, environmental,
and social health of the community through the responsible use and
development of energy. The Town will establish and implement
policies and practices that improve the sustainability of Marana,
promote and support the efficient use of existing energy resources,
and encourage greater use of renewable energy sources.
e. Initiative and Actions
Initiative: Establish Marana as a municipality that encourages and utilizes
renewable resources
Short Term Actions:
• Develop a specific solar plan for Town facilities
Long Term Actions:
• Work with public and private partners to identify suitable sites
for renewable energy facilities
• Explore opportunities to coordinate with other large power users
to maximize the use of renewable energy and expand the
market for renewable energy alternatives in the community
Ongoing Actions:
• Review /develop fee structure for renewable energy permits
• Identify grant opportunities and special funding sources to help
offset the cost of providing renewable energy to Town facilities
6. Solid Waste Reduction
a. Background
Municipal waste is an area where the Town can greatly reduce the
amount it creates while benefiting from the associated cost reductions.
The Town's preferred approach to waste management is waste
prevention because waste that doesn't get created has no associated
cost. The MMC (the Town's largest facility) and the Parks and Rec
building currently recycle while other buildings do not.
The facilities and fleet management department currently recycle
numerous items from their day -to -day operations. This includes but is
Regular Council Meeting - May 18, 2011 - Page 35 of 94 -17-
not limited to engine oil, brake rotors, light bulbs batteries, road signs,
used tires, and they reuse refrigerant for the A/C units.
b. Current and Existing Projects
• The Town has an internal recycling program where recycle and
non - recyclable baskets are located at many employee desks.
Additional recycling containers are located throughout the MMC.
• The Town recycles metals (steel, copper, aluminum, and bras_ s)
from the sign shop.
• Recycle items from operation and maintenance activities
• The Town auctions off old computer equipment and if it is not
sold then it is donated.
c. Opportunities and Challenges
The biggest challenge facing the Town in regards to waste reduction is
education. Employees need to be educated on what is acceptable to
recycle, the amount of waste the Town produces, and the waste
disposal cost each year. There are many opportunities for Town
employees to reduce their waste and the cost it takes to dispose of it
There are several opportunities for the Town to improve its existing
recycling efforts while expanding the program to other areas. The
Town will seek any and all opportunities to reduce the amount of waste
it produces by expanding on the internal recycling program already in
place to include more non - traditional items such as electronics,
batteries, ink cartridges, and light bulbs. The Town will also look to
expand its recycling efforts at Town operated parks, other Town
buildings, and Town sponsored organized events such as Founders
Day.
d. Strategic Direction
Purchasing items with recycled content, choosing reusable containers
over single -use items, and selecting products that last longer are just
some of the ways we can reduce waste. The Town is committed to
reducing waste, reducing the use of disposable products, and
improving and expanding its recycling program.
To maintain and track the effectiveness of our waste reduction efforts,
the Town will establish baselines for waste and recycling materials at
all Town facilities.
Regular Council Meeting - May 18, 2011 - Page 36 of 94 -18-
e. Initiative and Actions
Initiative: Reduce the total amount of municipal waste produced
Short Term Actions:
• Determine levels of paper use (Printer and Copy Paper)
• Develop comprehensive recycling programs managing
recyclables like paper, plastic, aluminum cans, and more non-
traditional items like electronics waste, batteries and light bulbs
• Establish baseline for waste and recyclable materials at all
Town facilities to allow for measurable results
• Expand recycling in Town - operated parks
• Make all Town printers, where appropriate, print only double
sided
• Develop a mulching program to convert landscape materials
harvested as part of routine maintenance into mulch for Town
and public use. Seek partners (Non - profits, Nurseries, Marana
Farm) for mulching location and use
Ongoing Actions:
• Community events planned or financed by the Town should
minimize production of landfill waste by incorporating recyclable
products and practices. The objective is to reduce the amount
of waste sent to landfills
• Ensure that every Marana employee can participate in the
Town's recycling efforts by making recycling bins available
• Create and maintain an internal recycling marketing campaign
to encourage and remind Town staff to recycle
• Salvage, donate, or recycle all old office equipment (furniture,
computers, appliances, etc.)
7. Community Outreach
a. Background
Marana has a number of existing resources that it uses to
communicate information to its citizens and business community. The
Town can use these resources to promote and educate the public in
regards to the Town's energy and cost saving efforts. Leading by
example, and establishing a community wide education program using
existing resources will not only work to engage the community but will
make it easier to proceed with energy efficient and conservation
projects and allocate funding sources as they become available.
Regular Council Meeting - May 18, 2011 - Page 37 of 94 _19-
b. Current and Existing Projects
• Recycling information brochures available at Town buildings
• Energy efficiency demonstration project located at MOC
c. Opportunities and Challenges
The Town has several opportunities to showcase its progress and
goals through the existing advisory commissions. Existing
commissions include affordable housing, business and economic
development, parks and recreation, police, and public utilities and are
directly related to the initiatives and goals outlined in this strategy.
Town staff will post annual energy and cost savings reports realized
through the Energy Efficiency and Conservation Strategy. Sharing the
benefits and effectiveness of the EECS with the entire community will
demonstrate the Town's commitment to cost savings and a cleaner
environment.
The Town can also reach out to the business community by developing
a Green Building Program. This action represents another step in
establishing a comprehensive green \sustainable community. Inviting
the business community to participate in a program that will gather
recognition, economic benefits to the community, and allow the Town
to gauge community interest and potential participation levels in a
standard adopted program. This will help establish an identity as a
progressive, environmentally aware community. It will also assist our
businesses with the integration of environmental responsibility into
their daily operations if they choose to participate.
d. Strategic Direction
The Town will foster an ethic of conservation and stewardship
throughout the community by working in partnership with individuals,
schools, businesses, community -based groups, and others to actively
create, sponsor, and promote sustainability awareness and education
programs.
This will be done through the Town website, various community
meetings, a Green Building Program, and coordination with the local
business community.
Regular Council Meeting - May 18, 2011 - Page 38 of 94 -20-
e. Initiative and Actions
Initiative: Encourage the development community (residential and
commercial) to build in a sustainable manner
Short Term Actions:
• Research and develop policies for implementation and
incentives to build in a sustainable manner
• Create recognition opportunities to show -case developers who
incorporate innovative and sustainable landscaping designs into
projects.
• Develop a Green Building Program
• Review \study other jurisdictions' green building programs for
best practices
• Create a Green \Sustainability Team that will focus on grant
research and writing, stakeholder outreach, program research,
incentive investigation, and training
• Meet with stakeholders to discuss best practices and desired
outcomes
• Review codes to include native plant and low -water usage
landscape requirements
• Review and propose new codes and /or amendments for water
conservation
Long Term Actions:
• Review and propose codes and ordinances that require
sustainability plans for residential, commercial and industrial
land uses
Ongoing Actions:
• Review existing building codes for energy efficiency standards
for new residential and commercial buildings, identify possible
modifications to encourage use of energy efficient lighting,
insulation, windows, and other elements and change where
possible
• Encourage water conservation practices and technologies in all
new commercial and residential construction including rainwater
harvesting, grey water systems, "smart" irrigation and controls,
drip irrigation, flow meters, master valves, water audits,
xeriscaping, and hydro- zoning
• Continue to analyze Building and Land Development Codes to
account for new innovations in "green building" and
sustainability, as appropriate
Regular Council Meeting - May 18, 2011 - Page 39 of 94 -21-
Initiative: Use Town of Marana building and facility upgrades as an
opportunity to educate local employees and employers on energy efficient
products and practices
Short Term Actions:
• Use the demonstration project to show energy and costs
savings
Ongoing Actions:
• Seek opportunities to educate Marana employees and citizens
on the Town's energy efficient upgrade activities
8. Conclusion
Searching for ways to reduce energy demand will not only reduce our
reliance upon non - renewable energy resources but will also make the
Town more ecologically and economically viable. Placing an emphasis
upon the development and use of sustainable and renewable energy
sources such as solar, wind, and biomass, is crucial in addressing the
global goals of reducing or minimizing the environmental degradation
that typically results from the current methods of power generation.
Marana's efforts to establish energy efficiency and conservation
practices are to encourage efficient energy consumption, adopt
voluntary incentive based programs, create and support effective
energy conservation measures, assess impact of our community's
increased costs of conventional energy, and establish green local
standards.
This strategy is intended to be an adaptive plan that will be responsive
to new ideas, technologies, partnerships, and shifts in available
resources. To insure accountability, a yearly report will be developed
to indicate performance. Major updates will be conducted at a
minimum every five years, with smaller adjustments occurring as
needed, based on the results of an ongoing monitoring and evaluation
program.
Regular Council Meeting - May 18, 2011 - Page 40 of 94 -22-
Regular Council Meeting - May 18, 2011 - Page 41 of 94 -23-
ARAN
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, May 18, 2011, 7:00:00 PM
To: Mayor and Council Item C 4
From: T VanHook , Community Development Director
Strategic Plan Focus Area:
Not Applicable
Subject: Resolution No. 2011 -49: Relating to the Marana Municipal Airport; authorizing the
Town Manager to execute a grant agreement with the Federal Aviation Administration
for funding in the amount of $418,122 for reimbursement of cost overruns on the
Airport Road Project and for costs associated with the completion of an Airport Layout
Plan at the Marana Municipal Airport and to take all other actions necessary to secure
and satisfy the grant
Discussion:
In February 2011, the Town submitted two applications for funding to the Federal Aviation
Administration (FAA) under the Airport Improvement Program (AIP) to fund cost overruns on
the Airport Road Project (FAA AIP 03 -04- 0058 -14) and to complete an update to the Airport
Layout Plan (ALP) for the Marana Regional Airport. Funding has tentatively been approved and
the FAA has notified the Town of a pending grant agreement.
The Airport Road Project was completed in 2009 with funding provided by both the FAA and
the Arizona Department of Transportation. Grant funding did not cover the full cost of design
and construction. Under FAA regulation, the Town is eligible to apply future funding to
the project. Dollars tentatively awarded to the Town will be applied to reimburse the general fund
for a portion of those costs.
Periodically, the Town is required to update the Airport Layout Plan for the Marana Municipal
Airport. FAA funding will be used to contract for an update of the document illustrating changes
requested by the FAA and projects proposed by the Town.
Typically, FAA grant agreements must be executed and returned to the FAA within a very short
window of time. The proposed resolution will authorize the Town Manager to execute the
agreement once it is received by the Town and to take all further action necessary to carry out the
terms of the agreement and the requirements for funding under the FAA AIP for fiscal year 2011-
2012.
Financial Impact:
In accordance with U.S. Code, Title 49, Section 47108(b), these federal funds may equal a
maximum of 95% of the allowable costs incurred for this project. Therefore, the Town will be
Regular Council Meeting - May 18, 2011 - Page 42 of 94
required to provide a 5% match for funds for the Airport Layout Plan update. Match
requirements for the Airport Road Project have been fulfilled.
ATT ACHMENTS:
Name: Description: Type:
E-1 Revised Reso re.arant for Airport-Road.-ALP-
(00026361).DOC Resolution Resolution
Staff Recommendation:
Staff recommends approval of the resolution authorizing the Town Manager to execute a grant
agreement with the Federal Aviation Administration (FAA 3 -04- 0058 -19) providing funding for
the Marana Municipal Airport.
Suggested Motion:
I move to adopt Resolution No. 2011 -49, authorizing the Town Manager to execute a grant
agreement with the Federal Aviation Administration for funding in the amount of $418,122 for
reimbursement of cost overruns on the Airport Road Project and for costs associated with the
completion of an Airport Layout Plan at the Marana Municipal Airport and to take all other
actions necessary to secure and satisfy the grant.
Regular Council Meeting - May 18, 2011 - Page 43 of 94
MARANA RESOLUTION NO. 2011-49
RELATING TO THE MARANA MUNICIPAL AIRPORT; AUTHORIZING THE TOWN
MANAGER TO EXECUTE A GRANT AGREEMENT WITH THE FEDERAL AVIATION
ADMINISTRATION FOR FUNDING IN THE AMOUNT OF $418,122 FOR
REIMBURSEMENT OF COST OVERRUNS ON THE AIRPORT ROAD PROJECT AND
FOR COSTS ASSOCIATED WITH THE COMPLETION OF AN AIRPORT LAYOUT PLAN
AT THE MARANA MUNICIPAL AIRPORT AND TO TAKE ALL OTHER ACTIONS
NECESSARY TO SECURE AND SATISFY THE GRANT
WHEREAS A.R.S. § 28 -8411 authorizes the Town Council of the Town of Marana to
undertake all activities necessary to acquire, establish, construct, own, control, lease, equip,
improve, maintain, operate and regulate an airport; and
WHEREAS A.R.S. § 28 -8413 authorizes the Town of Marana to accept and receive
federal and other monies for the acquisition, construction, enlargement, improvement,
maintenance, equipment or operation of an airport; and
WHEREAS the Town of Marana submitted two grant requests dated February 8, 2011 to
the Federal Aviation Administration (FAA) under the Airport Improvement Program (Alp) to
fund cost overruns on the Airport Road Project (FAA AIP 03 -04- 0058 -14) and to complete an
update to the Airport Layout Plan (ALP) for the Marana Regional Airport; and
WHEREAS the FAA has acknowledged a tentative award to the Town of Marana for
funding in the amount of $418,122 for the two grant requests; and
WHEREAS under the AIP program, the Town of Marana will be required to provide a
5% match for the funding; and
WHEREAS the Town Council finds that authorizing the Town Manager to execute a
grant agreement with the FAA for funding of the two projects is in the best interests of the Town
and its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. The Town Manager is hereby authorized to execute a grant agreement with
the Federal Aviation Administration for funding in the amount of $418,122 for reimbursement of
cost overruns on the Airport Road Project and for costs associated with completing an update to
the Airport Layout Plan for the Marana Regional Airport.
Regul %f 2011 - Page 44 of 94
{00026361.DOC /}
SECTION 2. The Town's Manager and staff are hereby directed and authorized to
undertake all other and further tasks required or beneficial to carry out this resolution, including
the expenditure of up to 5% in matching funds as required by the AIP program and taking any
further appropriate and necessary actions to complete the requirements for funding under the
FAA AIP for fiscal year 2011 -2012.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 18 day of May 2011.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Regulffiq%K�Aftg M@V 8, 2011 -Page 45 of 94 2
(00026361.DOC /}
MAR ANA
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, May 18, 2011, 7:00:00 PM
To: Mayor and Council Item C 5
From: Cedric Hay , Senior Assistant Town Attorney
Strategic Plan Focus Area:
Community Building
Subject: Resolution No. 2011-50 Relating to Public Works; approving and authorizing the mayor to
execute an intergovernmental agreement with the Arizona Department of Transportation to
seek federal funding for the Ina Road bridge over the Santa Cruz river
Discussion:
The Town is designing improvements to Ina Road between I -10 and Silverbell Rd. The plans for this
project will include replacement of the bridge that passes over the Santa Cruz River. The federal highway
administration has made funding available for the design and construction of streets and roads and the
replacement of bridges. The Arizona Department of Transportation (ADOT) has agreed to act as the
Town's agent to apply for these funds.
If adopted, this resolution will authorize the Mayor to sign an intergovernmental agreement between the
town and ADOT which establishes the process by which this funding request shall be accomplished.
Financial Impact:
The finance department has reviewed the agreement and all funding obligations have been previously
authorized and approved.
ATTACHMENTS:
Name: Description: Type:
❑ Reso_ADOT_IGA_ Ina _ road _br dga at_Santa_Cruz_
(00025822).DOC Resolution Resolution
❑ IGA_for_lna_Rd_ bridge _over_the_ Santa _Cruz _River
(00024668- 4).DOC — IGA agreement with ADOT for design fundung Exhibit
Staff Recommendation:
Staff recommends approval of this Resolution and execution of the related agreement.
Suggested Motion:
I move to adopt Resolution No. 2011 -50, authorizing and directing the Mayor to sign the
intergovernmental agreement with ADOT for design funding for the Ina Road bridge at the Santa Cruz
River.
Regular Council Meeting - May 18, 2011 - Page 46 of 94
MARANA RESOLUTION NO. 2011-50
RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR TO
EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA
DEPARTMENT OF TRANSPORTATION TO SEEK FEDERAL FUNDING FOR THE INA
ROAD BRIDGE OVER THE SANTA CRUZ RIVER
WHEREAS planned improvements to Ina Road west of I -10 include replacement of the
bridge that crosses the Santa Cruz River; and
WHEREAS the federal government through the federal highway administration has
authorized appropriations for construction of streets, roads and the replacement of bridges; and
WHEREAS the Arizona Department of Transportation (ADOT) has agreed to be an agent
for the Town to apply for these funds; and
WHEREAS ADOT has prepared and presented to the Town for execution a proposed
intergovernmental agreement for acquisition of the federal funds; and
WHEREAS the Mayor and Council find the terms and conditions of the proposed IGA
are 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 intergovernmental agreement between the Town of Marana and ADOT
attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved,
and the Mayor is hereby authorized and directed to execute it for and on behalf of the Town of
Marana.
SECTION 2. The various Town officers and employees are authorized and directed to
perform all acts necessary or desirable to give effect to this resolution and to carry out the terms
of the intergovernmental agreement.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 18 day of May, 2011.
Mayor Ed Honea
ATTEST: APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney
Regular Council Meeting - May 18, 2011 - Page 47 of 94
100025822.DOC /}
ADOT File No.: IGAMPA 10 -165I
AG Contract No.: Pxxx200xxxxxxx
COG /MPO TIP No.:88.03
Project: Ina Road Bridge over Santa
Cruz River
Section: Ina Road
TRACS No.: SB 41303D/01C
Budget Source Item No.: Local
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE STATE OF ARIZONA
AND
THE TOWN OF MARANA
THIS AGREEMENT is entered into this date 2011, pursuant to
the Arizona Revised Statutes § 11 -951 through 11 -954, as amended, between the STATE OF ARIZONA,
acting by and through its DEPARTMENT OF TRANSPORTATION (the "State ") and the TOWN OF
MARANA, acting by and through its MAYOR and TOWN COUNCIL (the "Town "). The State and the Town
are collectively referred to as "Parties ".
I. RECITALS
1. The State is empowered by Arizona Revised Statutes § 28 -401 to enter into this Agreement and
has delegated to the undersigned the authority to execute this Agreement on behalf of the State.
2. The Town is empowered by Arizona Revised Statutes § 48 -572 to enter into this Agreement and
has by resolution, a copy of which is attached hereto and made a part hereof, resolved to enter into this
Agreement and has authorized the undersigned to execute this Agreement on behalf of the Town.
3. Congress has authorized appropriations for, but not limited, the construction of streets and
primary, feeder and farm -to- market roads; the replacement of bridges; the elimination of roadside
obstacles; and the application of pavement markings.
4. Such project lies within the boundary of the Town and has been selected by the Town; the survey
of the project has been completed; and the plans, estimates and specifications will be prepared and, as
required, submitted to the State and Federal Highway Administration (FHWA) for its approval.
5. The Town, in order to obtain Federal funds for the design and construction of the project, is willing
to provide Town funds to match Federal funds in the ratio required or as finally fixed and determined by
the Town and FHWA, including actual construction engineering and administration costs (CE).
6. The interest of the State in this project is the acquisition of Federal funds for the use and benefit
of the Town and to authorize such Federal funds for the project pursuant to Federal law and regulations.
The State shall be the designated agent for the Town.
Regular Council Meeting - May 18, 2011 - Page 48 of 94 (00024668.DOC / 4)
Page 2 IGA/JPA 10 -165I
7. The work contemplated under this Agreement is to replace the bridge approaches and structure
over the Santa Cruz River on Ina Road, hereinafter referred to as the "Project'. The Town shall advertise,
bid and award the design phase of the Project. The State shall advertise, bid and award the construction
phase of the Project. The estimated design and construction costs are as follows:
TRACS No. SB41301 D
Estimated design cost STP $ 318,134
Estimated Federal Funds @94.3% $ 300,000
Estimated Local Match @5.7% $ 18,134
TRACS No. SB41301C
Estimated Construction Cost $6,000,000
Estimated Federal Funds @94.3% BR $1,000,000
Estimated Matching Funds @5.7% $ 57,000
Estimated 100% Matching Funds $4,943,000
Total Local Agency Funds (design /construction)) $5,018,134
The Parties acknowledge that the eventual actual cost may exceed the estimate, and in such case, the
Town is responsible for any and all costs exceeding the estimate. Actual costs may be less than the
estimate and not needed for the Project, at which time any excess federal funding will be de- obligated
from the Project.
THEREFORE, in consideration of the mutual Agreements expressed herein, it is agreed as follows:
II. SCOPE OF WORK
1. The State will:
a. Submit a program to the Federal Highway Administration (FHWA) containing the above -
mentioned Project with the recommendation that it be approved for design and construction funding. The
Project will be performed, completed, accepted and paid for in accordance with the requirements of the
Project Plans, Standard Specifications for Road and Bridge Construction of the Arizona Department of
Transportation.
b. Upon approval by FHWA, and with the aid and consent of the Town and the FHWA, the State
shall proceed to advertise for, receive and open bids subject to the concurrence of the FHWA and the
Town, to whom the award is made for and enter into a contract(s) with a firms(s) for the construction of
the project.
c. Enter into a Project Agreement with FHWA on behalf of the Town covering the work
encompassed in said construction contract and will request the maximum Federal Funds available,
including construction engineering and administration costs. Should costs exceed the maximum Federal
funds available, it is understood and agreed that the Town will be responsible for any overage and for any
costs not eligible for federal funding.
d. Upon execution of this agreement, receipt and approval of invoices submitted by the Town for
reimbursement of costs incurred for design and with all necessary documentation, no more than monthly,
reimburse the Town with Federal funds, in an amount not to exceed $300,000.00.
e. Not be obligated to maintain said Project, should the Town fail to budget or provide for proper
and perpetual maintenance as set forth in this Agreement.
Regular Council Meeting - May 18, 2011 - Page 49 of 94
Page 3 IGA/JPA 10 -165I
2. The Town will:
a. Upon execution of this Agreement designate the State as authorized agent for the Town.
b. Upon execution and prior to advertising, deposit funds with the State in the an amount equal
to the difference between the total cost of the work provided for in this Agreement and the amount of
Federal Aid (capped) received, currently estimated at $4,961,134 which may be inclusive of overhead
charges as approved by a cognizant federal agency.
c. Be entirely responsible for all costs incurred in performing and accomplishing the work as set
forth in this Agreement whether covered by Federal funding or not. Such costs shall be paid by the City
within thirty (30) days of receipt of invoice from the State.
d. Provide for cost and, as an annual item in the Town's budget, proper maintenance of the
Project including all of the Project components.
e. Enter into an agreement with the Design Consultant which states that the Design Consultant
shall provide services as required and requested throughout the Construction Phase of the Project.
f. Provide a set of as -built plans upon completion of the construction phase of the Project. An
electronic version of the as -built plans shall be forwarded to Arizona Department of Transportation Local
Government Section.
g. Upon completion of the Project, agree to accept and assume full responsibility of said Project
in writing.
III. MISCELLANEOUS PROVISIONS
1. The terms, conditions and provisions of this Agreement shall remain in full force and effect until
completion of said project and related deposits or reimbursement, except any provisions for maintenance
shall be perpetual, unless assumed by another competent entity. Further, this Agreement may be
cancelled at any time prior to the award of the project construction contract, upon thirty days (30) written
notice to the other party. It is understood and agreed that, in the event the Town terminates this
Agreement, the State shall in no way be obligated to maintain said Project.
2. The State assumes no financial obligation or liability under this Agreement, or for any resulting
construction Project. The Town, in regard to the Town's relationship with the State only, assumes full
responsibility for the design, plans, specifications, reports, the engineering in connection therewith and
the construction of the improvements contemplated, cost over -runs and construction claims. It is
understood and agreed that the State's participation is confined to securing federal aid on behalf of the
Town and the fulfillment of any other responsibilities of the State as specifically set forth herein; that any
damages arising from carrying out, in any respect, the terms of this Agreement or any modification thereof
shall be solely the liability of the Town and that to the extent permitted by law, the Town hereby agrees to
save and hold harmless and indemnify from loss the State, any of its departments, agencies, officers or
employees from any and all costs and /or damage incurred by any of the above and from any other
damage to any person or property whatsoever, which is caused by any activity, condition,
misrepresentation, directives, instruction or event arising out of the performance or non performance of
any provisions of this Agreement by the State, any of its departments, agencies, officers and employees,
or its independent contractors, the Town, any of its agents, officers and employees, or its independent
contractors. Costs incurred by the State, any of its departments, agencies, officers or employees shall
include in the event of any action, court costs, and expenses of litigation and attorneys' fees.
Regular Council Meeting - May 18, 2011 - Page 50 of 94
Page 4 IGA/JPA 10 -165I
3. The cost of design, construction and construction engineering work covered by this Agreement is
to be borne by FHWA and the Town, each in the proportion prescribed or as fixed and determined by
FHWA as stipulated in this Agreement. Therefore, the Town agrees to furnish and provide the difference
between the total cost of the work provided for in this Agreement and the amount of Federal Aid received.
4. The cost of the Project under this Agreement includes applicable indirect costs approved by the
Federal Highway Administration (FHWA).
5. This Agreement shall become effective upon signing and dating of the Determination Letter by
the State's Attorney General.
6. This Agreement may be cancelled in accordance with Arizona Revised Statutes § 38 -511.
7. To the extent applicable under law, the provisions set forth in Arizona Revised Statutes § 35 -214
and § 35 -215 shall apply to this Agreement.
8. This Agreement is subject to all applicable provisions of the Americans with Disabilities Act
(Public Law 101 -336, 42 U.S.C. 12101 - 12213) and all applicable Federal regulations under the Act,
including 28 CFR Parts 35 and 36. The parties to this Agreement shall comply with Executive Order
Number 99 -4 issued by the Governor of the State of Arizona and incorporated herein by reference
regarding "Non- Discrimination ".
9. Non - Availability of Funds: Every payment obligation of the State under this Agreement is
conditioned upon the availability of funds appropriated or allocated for the payment of such obligations. If
funds are not allocated and available for the continuance of this Agreement, this Agreement may be
terminated by the State at the end of the period for which the funds are available. No liability shall accrue
to the State in the event this provision is exercised, and the State shall not be obligated or liable for any
future payments as a result of termination under this paragraph.
10. In the event of any controversy, which may arise out of this Agreement, the parties hereto agree
to abide by required arbitration as is set forth for public works contracts in Arizona Revised Statutes § 12-
1518.
11. All notices or demands upon any party to this Agreement shall be in writing and shall be delivered
in person or sent by mail, addressed as follows:
Arizona Department of Transportation Town of Marana
Joint Project Administration Attn: Barbara Johnson
205S.17 th Avenue, Mail Drop 637E 11555 W. Civic Center Drive
Phoenix, Arizona 85007 Marana, Arizona 85653
(602) 712 -7124 (520) 382 -2620
(602) 712- 3132 Fax (520) 382 -2640 Fax
For Town Financial Matters:
Vendor No. 860331775 01
Attn: Erik Montague, Finance Director
11555 W. Civic Center Drive
Marana, Arizona 85653
(520) 382 -1930
eontagueCcrsrarana.com
Regular Council Meeting - May 18, 2011 - Page 51 of 94
Page 5 IGA/JPA 10 -165I
12. Compliance requirements for Arizona Revised Statutes § 41- 4401 — immigration laws and
E- Verify requirement:
a. The Town warrants compliance with all Federal immigration laws and regulations relating to
employees and warrants its compliance with Arizona Revised Statutes § 23 -214, Subsection A.
b. A breach of a warranty regarding compliance with immigration laws and regulations shall be
deemed a material breach of the contract, and the Town may be subject to penalties up to and including
termination of the Agreement.
c. The State retains the legal right to inspect the papers of any employee who works on the
Project to ensure that the Town or subcontractor is complying with the warranty under paragraph (a).
13. Pursuant to Arizona Revised Statutes § 35- 391.06 and § 35- 393.06, each Party certifies that it
does not have a scrutinized business operation in Sudan or Iran. For the purpose of this Section the term
"scrutinized business operations" shall have the meanings set forth in Arizona Revised Statutes § 35 -391
and /or § 35 -393, as applicable. If any Party determines that another Party submitted a false certification,
that Party may impose remedies as provided by law including terminating this Agreement.
14. In accordance with Arizona Revised Statutes § 11 -952 (D) attached hereto and incorporated
herein is the written determination of each party's legal counsel and that the parties are authorized under
the laws of this State to enter into this Agreement and that the Agreement is in proper form.
IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above written.
TOWN OF MARANA STATE OF ARIZONA
Department of Transportation
By By
ED HONEA SAM MAROUFKHANI, P.E.
Mayor Deputy State Engineer, Development
ATTEST:
By
JOCELYN C. BRONSON
Clerk
Regular Council Meeting - May 18, 2011 - Page 52 of 94
JPA 10 -165
ATTORNEY APPROVAL FORM FOR THE TOWN OF MARANA
I have reviewed the above referenced Intergovernmental Agreement between the State of
Arizona, acting by and through its DEPARTMENT OF TRANSPORTATION, and the TOWN OF
MARANA, an Agreement among public agencies which, has been reviewed pursuant to A.R.S. § 11 -951
through § 11 -954 and declare this Agreement to be in proper form and within the powers and authority
granted to the Town under the laws of the State of Arizona.
No opinion is expressed as to the authority of the State to enter into this Agreement.
DATED this day of 2011.
Town Attorney
Regular Council Meeting - May 18, 2011 - Page 53 of 94
(00024668.130C / 4)
AANA
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, May 18, 2011, 7:00:00 PM
To: Mayor and Council Item C 6
From: Keith Brann , Town Engineer
Strategic Plan Focus Area:
Not Applicable
Subject: Resolution No. 2011 -51: Relating to Development; approving the release of the
private improvement agreement for Bill Gaudette Drive, and acceptance of public
improvements for maintenance
Discussion:
Approval of this Resolution will release the Private Improvement Agreement between the Town
of Marana and Wexler and Associates as depicted on Exhibit A of the Resolution.
In releasing said assurance agreement, the Town of Marana will accept for maintenance,
including regulatory traffic control signs and street signs, approximately 1,368 linear feet of new
roadway improvements and a water system including 30751f of potable and non - potable water
line, water meters, appurtenances, valves, and fire hydrants constructed as part of the Marana
Health Centre project.
Financial Impact:
Budgeted to Operations and Maintenance.
ATTACHMENTS:
Name: Description: Type:
EJ Resolution Bill Gaudette Dr.doc Resolution Resolution
O B.G_.E...xhibit_A.Ddf Exhibit A Exhibit
Staff Recommendation:
Staff recommends approval.
Suggested Motion:
I move to adopt Resolution No. 2011 -51, approving the release of the Private Improvement
Agreement for Bill Gaudette Drive, and acceptance of public improvements for maintenance.
Regular Council Meeting - May 18, 2011 - Page 54 of 94
MARANA RESOLUTION NO. 2011-51
RELATING TO DEVELOPMENT; APPROVING THE RELEASE OF THE PRIVATE
IMPROVEMENT AGREEMENT FOR BILL GAUDETTE DRIVE, AND ACCEPTANCE OF
PUBLIC IMPROVEMENTS FOR MAINTENANCE
WHEREAS, Wexler and Associates, has completed the public improvements acceptable
to Town standards in accordance with the Private Improvement Agreement for Bill Gaudette
Drive FB1005- 001(Public Paving)/FA1005 -001 (Marana Water).
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA AS FOLLOWS:
SECTION 1. The Town accepts for maintenance, including maintenance of regulatory
traffic control and street signs, 1,368 linear feet of new roadway and the appurtenances, as
depicted on Exhibit A.
SECTION 2. The Town accepts for maintenance, a water system including 3075 If of
potable and non - potable water line, water meters, appurtenances, valves, and fire hydrants for the
above referenced project with an estimated value of $150,335.50.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 18 day of May, 2011.
Mayor Ed Honea
ATTEST: APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney
Regular Council Meeting - May 18, 2011 - Page 55 of 94
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STUDY SESSION
MINUTES
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, April 26, 2011, at or after 6:00 PM
Ed Honea, Mayor
Herb Kai, Vice Mayor
Russell Clanagan, Council Meer
Patti Comerford, Council Me1ber
Carol McGorray, Counci er
Jon Post, Council.'ember
Roxanne Ziegler, Council Meifther `
STUDY SESSIO
CALL TO ORDER AND ROLL CAL�v� \�
Mayor Honea called the meeting to order at T Bronson called roll.
Council Member Clanagan was excuse hert`utllm present.
PLEDGE OF ALLEGTUOCATIO/MOMEN OF SILENCE
Led by Mayor Ho»t"O"',_-
APPROVAL OF AGEND�r
Motion towed byruncil eider Post, second by Council Member
Comer 1. Motion �raed u� nously.
4 �,
DISCUS UDIRECTIO &lPOS LE ACTION
1: Presen elating i evelopment; overview of the Saguaro Springs
development' 6 t, and d ussion of key issues in pending Saguaro Springs
development agr6c,nt a€ community facilities district negotiations
Presented by Frank. Cassidy, who introduced Brian Baehr, Chris Harrison and Kay
Baehr from Grayhawk Development which has taken over the former Saguaro Springs
project, now called Saguaro Bloom. Mr. Cassidy noted that the development agreement
is essentially the same as the Saguaro Springs project. Mr. Baehr addressed Council and
identified several of the proposal changes they will be making to the project. He also
responded to questions regarding active adult units, and highlighted that the number of
lots will be decreased to include more neighborhood or pocket parks. He noted that there
are still a few details to work out regarding financing which are related to the former
project, but hopes to begin development by late summer.
Regular Council Meeting - May 18, 2011 - Page 57 of 94 1
April 26, 2011 Council Meeting Minutes
2: Resolution No. 2011 -46: Relating to Personnel; approving and authorizing staff to
implement employee benefit rates for fiscal year 2011 -2012
Presented by Suzanne Machain, who highlighted the changes that have occurred since
the town changed to Cigna Health Care and reviewed the increases for health and dental
benefits, noting the portions of the premiums which would be picked up by the town and
the portion to be met by the employee.
Motion to approve the implementation of the benefits rates moved by Council Member
McGorray, second by Council Member Comerford. Motion carried unanimously.
3: Presentation: Relating to Budget; review, consideration and tl °e;tz,on to staff
regarding the fiscal year 2011 -2012 managers recommendedb�iget
Presented by Gilbert Davidson and Erik Montague M Davidst resented on the
overall process and the economic recovery portion g�� budget. Mr �ontague gave
an overview of the 2011 general fund update, thy' 2012 revenue outlooland presented
a graph on the status of the town's reserves. ontajte further noted Ihl>_tle CIP
and enterprise budgets will be coming back to Co o11 fomentation prio�& adoption.
Motion moved b y cGorra Council Member secona 1Council Member Comerford
y,
to direct the Town Manager to incor the items disd in the preparation of the
tentative budget to be considered on �1, i 1. Motioned unanimously.
� ^
ADJOURNMENT � ,
W
Motion to adjourn moby uncil Member Post, send by Council Member
Comerford. MottoMrried u � imously.
The meeting was ad�ourn� at p m
�
CERTIF
A-
I R
I here certify that thnregomg �., tie true and correct minutes of the Marana Town
Coune eting held on 40126, 1. I further certify that a quorum was present.
V
Jocelyn C. Bronx, Tower ' lerk
RII
�.�
Regular Council Meeting - May 18, 2011 - Page 58 of 94 2
April 26, 2011 Council Meeting Minutes
NA
STUDY SESSION
MINUTES
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, May 10, 2011, at or after 6:00 PM
Ed Honea, Mayor d
Herb Kai, Vice Mayor
Russell Clanagan, Council Mcxber „,
Patti Comerford, Council Me' er
Carol McGorray, Council , % mber
Jon Post, Counci�lember
Roxanne Ziegler, cil Mei0er
STUDY SESSIC?N
CALL TO ORDER AND ROLL CALL
Mayor Honea called the meeting to or er dt p.m. All umil Members were
present except for Council Member Clangan, as excused. There was a quorum
present. �
PLEDGE OF ALLE",�AANCEll1 OCATIOI/MOMENT OF SILENCE
Led by Mayor Hone -
APPROVAL O1 A,GENDA ter= g` `
Motion Io upprov ' by ncil Member McGorray, second by Council Member
Comg#f rd Motion cd ried unii mously.
DISCUS §IAN /DIRECTIONPOSSTBLE ACTION
1: Present". elating t1i,4ntergovernmental Affairs; review of the 2011 State of
Arizona Legislaftvp Sessloi
Presented by Josh Vght, who introduced three members of the TriAdvocate team:
Julie Rees, Ryan Harper and Jeff Kros, who then tag- teamed their presentation starting
with a comparison of key numbers between the 2010 legislative session and the 2011
legislative session. Next, they presented a general overview of the state budget, noting
that there is expected to be a $1.413 deficit. Budget cuts are expected to come from
AHCCCS, K -12 and state universities and community colleges, and a requirement for
state employees to pay more for their retirement benefits. These cuts will impact Marana
through HURF fund reductions, aviation grants, and Department of Water Resources fees
beginning in FY' 12. Last was a brief overview of key bills affecting municipalities.
Regular Council Meeting - May 18, 2011 - Page 59 of 94 1
May 10, 2011 Council Meeting Minutes
2: Relating to Liquor Licenses; recommendation to the state liquor board regarding a
New Series #10 (Beer and Wine Store) liquor license application submitted by Bruce W.
Holbrook on behalf of Express Stop #520 located at 8333 N. Cortaro Road
Ms. Bronson noted that the application was substantially in compliance. The item
relating to the Certificate of Occupancy in the Council communication has been
addressed by the applicant. Staff recommended approval.
Motion to recommend approval moved by Council Member Comerford, second by
Council Member Post. Motion carried unanimously.
3: Presentation: Relating to Development; Discussion of proposed time- limited program
to allow small temporary signs that meet certain limitations wit4i public right -of -way
adjacent to business areas as an extension of the business are_F� premises
Presented by Frank Cassidy. Mr. Cassidy stated that the Land t5yelopment Code team
was challenged with the task of trying to figure out ho to ry signs in the
right of way in a way that would be constitutional end that might not b' obnoxious.
The team prepared an ordinance for temporaryuse, with an ; automatic sunate which
could be extended. The ordinance is designed so 0*-,a perms or group of I ifsons who
own properties in a business area, defined as any plae"'that's got buildings used for non-
residential purposes, can apply for a right of way licens 0, allow temporary signs
adjacent to the land that they own and would treat that area man extension of premises
for these temporary signs. Under the propoed ordinance, it tees that if it's more than
one business — a shopping center with several buses all the land owners within the
business area have to agree to designate one, person to dial :with the license which will
regulate signage within the adjacent right ofWay the same way they would regulate
signage on their immediate pri tO" y. That ta s the town completely out of the content
of the message on the with :few minor exceptions which he discussed. On the
commercial side, this p�ap� sec fellation would restrict the message to something
related to that bu W, ess area ;like a °spate ft ease or sale, some activity on that property
busmess lse. comm"O rpial or political signage, the message can say anything.
The ru es ;ire: (1) if there a sldevt� k and a curb, the temporary signage has to be
behind the tdewalk and th?6urb; (2) 30 -feet separated from another temporary sign; (3)
at least 10 f* ay from 4J, driveway and at least 15 feet from any property line; (4)
the signs can't larger than 30 inches by 30 inches; (5) nothing in the sign can be higher
than 30 inches to stq #aide the sight visibility triangle; and (6) setback of 30 feet from
the travel lane.
The state adopted a provision that allows political signs in the right of way 60 days before
the primary and 15 days after the general election unless you lose in the primary. During
that window, political signs are permitted within public rights of way except in sight
visibility triangles and other dangerous places as determined by the local government.
Under that statute, the signs can be permitted in both residential areas and in commercial
areas. In residential areas they can be up to 16 square feet, and in commercial areas, they
can be up to 32 square feet. So during political season, the rules change for the size of
the signs, and there are provisions for notice under state law.
Regular Council Meeting - May 18, 2011 - Page 60 of 94 2
May 10, 2011 Council Meeting Minutes
Still outstanding is how much to charge for the licenses and what parameters to use for
the charges. Mr. Cassidy would like feedback from Council on that issue as well.
Discussion followed.
Motion to approve moved by Council Member Post, second by Vice Mayor Kai. Motion
carried 5-1, with Mayor Honea dissenting.
4: Presentation: Relating to Budget; review, consideration and direction to staff
regarding the preliminary FY2012 budgets for the Enterprise Funds, other selected funds
and the proposed Capital Improvement Plan
Presented by Erik Montague, who led off with the preliminary numbers for the
enterprise funds and the capital improvement plan, highlighting selected CIP projects for
2012. These funds are for the water utility operating budget, wastewater, and airport.
Other selected funds include the transportation fund, and t h e " Z or Highway User
y.,
Revenue Fund. He gave a brief background of the CIP manual which was adopted in
May 2007. This document is the guide for the development of the anti al capital budget
and prioritizes infrastructure needs and cost of acquisition and ongomg ance
costs.
Selected transportation projects for 2012 are the Ina ilverbell to I -10) at $15.8M;
the Ina Road and Bridge at $16.8M, and the Tangerine d Corridor for $1.8M, which
is for the design review. The first two trtDJects will re ds from the transportation
fund, and other agencies, including federal` ts, Carry forwad for the Twin Peaks
Interchange is $291K and $860K for Tiffany Loop dranagearry forward for Camino
de Manana is $594K which comes from RTC, 266 8 bondtnd Pima County development
fees. Parks and Cultural pr include th6; anta Cruz hared Use Part II of $1.5M
from parks impact fees; the Tcblita Mountain Trails for $407K from Pima County
bonds; and the Barnet Lmear Pak, of which $6.'3M will come from Park impact fees.
Neighborhood projects the Honea Heights septic conversions for $13M from
grants; and �u Mam Stet for $519:frc3m the North Marana Transportation impact
fees $3I i .... tal,; rants 1ll fund the airport terminal project as well as $1.3M
from g is for Taxiw For er Utility projects, the Twin Peaks Water line is a
carry ward of $200K a WIFioan; the Hartman to Cortaro interconnect is also a
WIFA loam vii the amount of135K. Wastewater projects include the North Marana
WRF for $8M,-" fr..om bond pceeds and the Sandario WRF of $2M also from bond
proceeds. Geneiiil Fund projects include improvements to the police substation to meet
existing needs at tReations center in the amount of $488K of which 50 percent will
come from RICO furls' and $140K for the phone switch.
Mr. Davidson and Mr. Montague responded to several questions from Council. Mr.
Montague stated that the preliminary current funding plan for 2012 $72.6M. This
particular CIP plan last year was about $123M, and incorporated in that were very large
and major improvements such as Twin Peaks Interchange and Camino De Manana. This
year's plan does incorporate anticipated bond issuance. Mr. Davidson concluded the
presentation with the next steps in the process. May 24 is scheduled for tentative budget
approval and then the final budget consideration will be June 21. Mr. Montague stated
that the town will be following the existing rules for adopting and publishing the budget.
Regular Council Meeting - May 18, 2011 - Page 61 of 94 3
May 10, 2011 Council Meeting Minutes
The effective date for the majority of the legislation will be around July 20, but the
majority of what we provide will follow existing state law.
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.
Motion to go into executive session moved by Council Member McGorray, second by
Council Member Comerford. Motion carried unanimously.
Council left the dais at 8:05 p.m.
Council returned to the dais at 8:16 p.m.
Executive Session pursuant to A.R.S. § 38- 431.03(A)(3),(4) and(7) <1)scussion or
consultation for legal advice with the Town's attorneys and discussion and to
consider its position and instruct the Town Manager and staff con_ cerning (1) the
lawsuit entitled Town of Marana v. Pima County /Pima County v Marana
(consolidated), Maricopa County Superior Court No 02008- 00113I, (2) pending
legal issues, settlement discussions and contract negotiations relating tom
transition of Marana wastewater collection and tatment to the Town of Marano
Motion by Council Member Post to direct staff to p► ►ere as discussed in executive
session, second by Council Member ,Comerford Motia�pgrried 5-0, with Vice Mayor
Kai excused.
ADJOURNMENT
Motion to adjourn moved by Council Meber'ost, see by Council Member
Comerford. Motion ca�� nanimously a 3:16 p m.
CERTIFICATION
I hereby certify that the1 *19 ark the true and correct minutes of the Marana Town
Council mecttn lcId on 1VI 1 0 2 ''t L H niter certify that a quorum was present.
t
Jocelynronson, Tow4lerk
Regular Council Meeting - May 18, 2011 - Page 62 of 94 4
May 10, 2011 Council Meeting Minutes
ARANA
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, May 18, 2011, 7:00:00 PM
To: Mayor and Council Item A 1
From: Meghan Doherty , Finance Manager
Strategic Plan Focus Area:
Not Applicable
Subject: Resolut No. 2011 -52: Relating to Finance; approval and authorization of the
defeasance of debt related to the Marana Municipal Property Corporation, Series
2008B bonds
Discussion:
In July of 2008 the Town of Marana Municipal Property Corporation (MMPC) issued $39.8
million of Municipal Facilities Revenue Bonds consisting of the Municipal Facilities Revenue
Bonds, Series 2008A of $31.1 million and the Municipal Facilities Revenue Bonds, Series 2008B
of $8.7 million. The 2008 MMPC bonds were issued in order to advance fund various projects to
acquire, construct, improve and extend sewer facilities, streets and parks within the Town of
Marana. Some of the projects funded by these bonds include the Airport Septic and Leach
System, Twin Peaks Roadway, Camino de Marana Road, and Silverbell Road projects.
The MMPC Series 2008B bonds were issued to advance fund projects and provide the flexibility
to call bonds should resources become available. The bonds are callable at par, with no
prepayment penalty, on any of the semi annual payment dates.
The authorization of this resolution will allow for the defeasance of approximately $2.0 million
of the outstanding MMPC Series 2008B bonds. The Series 2008B debt was issued at an interest
rate of 5.125% and the Town currently has $8.55 million of debt outstanding related to this bond
issuance.
The funds utilized for the defeasance of this debt have been provided in accordance with the
Town's intergovernmental agreement with the Pima Association of Governments (PAG) related
to Transportation Improvement Program (TIP) ID 556.000. The defeasance of this debt will
result in an overall savings to the Town in annual interest payments of approximately
$620,000 over the remaining life of the bonds.
Financial Impact:
The defeasance of $2,000,000 of the MMPC debt will be spread evenly over the remaining life of
the bonds. This approach will provide an overall savings in interest payments of approximately
$620,000. In addition, this will reduce the Town's annual principal payments by an average of
$165,000 annually for the next 12 years.
Regular Council Meeting - May 18, 2011 - Page 63 of 94
A TTACHMENT S:
Name: Description: Type:
El MMPC_Resolution .doc Resolution Resolution
Staff Recommendation:
Staff recommends approval of the resolution.
Suggested Motion:
I move to adopt Resolution No. 2011 -52, authorizing the defeasance of approximately $2.0
million of debt related to the MMPC, Series 2008B bonds.
Regular Council Meeting - May 18, 2011 - Page 64 of 94
RESOLUTION NO. 2011 -52
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
MARANA, ARIZONA, AUTHORIZING THE DEFEASANCE OF
PAYMENT OBLIGATIONS OF THE TOWN WITH RESPECT TO
THE FOURTH SUPPLEMENT TO AMENDED AND RESTATED TOWN
LEASE AND SERIES 1982 TOWN LEASE WITH TOWN OF
MARANA MUNICIPAL PROPERTY CORPORATION AS DETER-
MINED BY THE FINANCE DIRECTORS & PROCUREMENT
MANAGER OF THE TOWN; AUTHORIZING THE TARING OF
OTHER ACTIONS NECESSARY TO THE CONSUMMATION OF THE
TRANSACTIONS CONTEMPLATED BY THIS RESOLUTION AND
DECLARING AN EMERGENCY
WHEREAS, the Mayor and Council of the Town of Marana,
Arizona (the "Town "), have determined to pay an amount (the "Deposit ")
pursuant to the Fourth Supplement To Amended and Restated Town Lease
and Series 1982 Town Lease, dated as of August 1, 2008, by and between
the Town and the Town of Marana Municipal Property Corporation (the
"Corporation "), which, by giving effect to the earliest prepayment
allowed thereby, results in the obligations of the Town thereunder
with respect to the Municipal Facilities Revenue Bonds, Series 2008B
(the "Bonds ") of the Corporation being considered paid in part under
the terms provided hereby;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, ARIZONA, THAT:
Section 1 . The Finance Director & Procurement Manager of the
Town is hereby authorized to determine the amount (but not to exceed
$2,000,000.00) and date of payment of the Deposit [Note: No deposit ... wire
to redeem selected bonds on July 1, 2011 redemption date - - -NO SLGS], the
payments of the Bonds to which the Deposit are to be applied and the
disposition of the Deposit until applied to make such payments of the
Bonds.
Section 2 . The Mayor or, in the absence thereof, Vice Mayor
and Clerk of the Town are hereby authorized and directed, for and on
behalf of the Town, to sign and attest and deliver, respectively, any
documents necessary in connection with the purpose hereof.
Section 3 . (A) If any section, paragraph, clause or provision
of this Resolution shall for any reason be held to be invalid or
unenforceable, the invalidity or unenforceability of such section,
paragraph, clause or provision shall not affect any of the remaining
provisions of this Resolution.
1
Regular Council Meeting - May 18, 2011 - Page 65 of 94
(B) All orders and resolutions or parts thereof,
inconsistent herewith, are hereby waived to the extent only of such
inconsistency. This waiver shall not be construed as reviving any order
or resolution or any part thereof.
(C) The immediate operation of this Resolution is
necessary for the defeasance on the most attractive terms available to
the Town of portions of the amounts due with respect to the Town Lease
and the resulting preservation of the public health and welfare; an
emergency is hereby declared to exist. This Resolution shall be in full
force and effect from and after its passage and approval by the Mayor
and Council of the Town, as required by law and this Resolution is
hereby exempt from the referendum provisions of the constitution and
laws of the State of Arizona pursuant to Section 19- 142(B), Arizona
Revised Statutes, as amended.
PASSED AND ADOPTED this 18 day of May, 2011.
........ ...............................
Ed Honea, Mayor, Town of Marana,
Arizona
ATTEST:
.. ...............................
Jocelyn Bronson, Clerk, Town of
Marana, Arizona
APPROVED AS TO FORM:
. ...............................
Frank Cassidy, Town Attorney,
Town of Marana, Arizona
329814824.1-4/21/2011
2
Regular Council Meeting - May 18, 2011 - Page 66 of 94
MAR
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, May 18, 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: PUBLIC HEARING: Ordinance No. 201 1.13: Relating to Development; amending
Marana Land Development Code Title 5 (Zoning) by adding Section 05.02.06
(Medical Marijuana Land Uses in Zones A -E) and clarifying cultivation in connection
with the "medical marijuana dispensary" use, where permitted; amending Marana
Land Development Code Section 08.08 (Medical Marijuana Uses) for clarity and to
avoid inconsistency with final Arizona Department of Health Services rules; and
establishing an effective date
Resolution No. 2011 -53: Relating to Development; declaring as a public record filed
with the Town Clerk the amendments adopted by Ordinance No. 2011.13, amending
Marana Land Development Code Title 5 (Zoning) by adding Section 05.02.06
(Medical Marijuana Land Uses in Zones A -E) and clarifying cultivation in connection
with the "medical marijuana dispensary" use, where permitted; and amending Marana
Land Development Code Section 08.08 (Medical Marijuana Uses) for clarity and to
avoid inconsistency with final Arizona Department of Health Services rules
Discussion:
On October 19, 2010 the Town Council adopted Ordinance 20 10. 18 establishing zoning
regulations for dispensing and cultivation of medical marijuana. This ordinance became effective
after the voters passed Proposition 203, the 2010 Arizona Medical Marijuana Initiative.
Since the adoption, staff has identified a few sections that needed to be modified or deleted.
These changes are primarily due to the fact that the Town's zoning requirements were written
before the state health department wrote their medical marijuana regulations. One change is that
the State is requiring zoning compliance from the jurisdiction prior to submitting an application
with them. In our code we had asked for a registry identification card to be submitted for the
condition use permit (CUP). We also currently require a list of all agents to be included with the
conditional use permit. Since the State identifies an agent as well as all employees or volunteers,
that is not something that would be known during the CUP process. Along with the deletion we
have proposed to delete the no delivery restriction. The State allows for delivery of marijuana to
a qualifying patient; therefore we do not want to cause an enforcement problem with our police
department.
Staff is also proposing a few modifications not related to the State requirements. Changes to the
Regular Council Meeting - May 18, 2011 - Page 67 of 94
zoning sections just clarify that a dispensary may have on -site cultivation if desired.
The most significant change is to our "alphabet zones ", zones A -E. This change would require
any requested dispensary or off site cultivation location to process a conditional use permit, not a
significant land use change. Staff has determined that the North American Industry
Classification System (NAISC) can not be used in determining the need for a significant land use
change, due to medical marijuana not being recognized in that system.
The final change has to do with the Town's requirement to provide "Proof of compliance with
Pima County Code Chapter 8.80 (Medical Marijuana) ". This section of the County Code is
mainly dealing with the State requirements for distribution or manufacturing of a controlled
substance. Again it is very premature to require this for the CUP, since they are not even sure if
they will be picked as a dispensary by the State. We have proposed to change our language to
require acknowledgment of the County requirement.
Below are the changes that are being proposed.
Add a new section 05.02.06 - Medical Marijuana Land Uses In Zones A -E
A. The following medical marijuana related uses proposed in Zones A -E are subject to
the conditional use permit procedures set forth in Section 10.10 and are subject to
requirements found in Section 08.08:
1. Medical marijuana dispensary with or without on -site cultivation.
2. Medical marijuana dispensary off site cultivation location
B. Medical marijuana land uses proposed in Zones A -E shall not be subject to the
Significant Land Use Change process.
Title 5- Zoning Section 05.12
A. Add "with or without on -site cultivation" to Medical marijuana dispensary under
Conditional uses in the Regional Commercial (RC) zone (05.11.04.D.2.d)
B. Add "with or without on -site cultivation" to Medical marijuana dispensary under
Conditional uses in the Light Industrial (LI) zone (05.12.02.E.7)
C. Add "with or without on -site cultivation" to Medical marijuana dispensary under
Conditional uses in the Heavy Industry (HI) zone (05.12.03.D.2)
Title 8- Modify Section 08.08 Medical Marijuana Uses
Section 08.08.B.5- Delete "The name, address, birth date and valid registry identification card
number of each nonprofit medical marijuana dispensary agent." (Agents (employees) may not be
known at the CUP stage and this is also regulated by the State. The State will not give out
registry identification cards until the location has zoning clearance from the jurisdiction)
Section 08.08.B.11- Modify to read "The applicant shall provide a notarized acknowledgment of
the Pima County Code requirements Chapter 8.80."
Section 08.08.D.4- Delete "Not provide off site delivery of medical marijuana." (The Arizona
Department of Health Services regulations allow delivery)
Financial Impact:
Regular Council Meeting - May 18, 2011 - Page 68 of 94
None
ATTACHMENT
Name: Description: Type:
O Ordinance_LDC Amendment_Title_5_and_8.DOC Ordinance Ordinance
Reso Title 5 and 8 Medical_ Marijuana Amendment.doc Resolution Resolution
Staff Recommendation:
Staff recommends approval of Case No. POW 11020, Amending Title 5 and 8 of the Land
Development Code.
Commission Recommendation - if applicable:
On April 27, 2010 the Planning Commission voted 5 -2 (Chairman Fogel and Commissioner
Adragna dissenting) to recommend approval of Case No. PCM- 11020.
Suggested Motion:
I move to adopt Ordinance No. 2011 -13, approving Case No. PCM- 11020, amending Titles 5 and
8 of the Land Development Code and Resolution No. 2011 -53, declaring the amendments to the
Marana Town Code Titles 5 and 8 a public record.
Regular Council Meeting - May 18, 2011 - Page 69 of 94
MARANA ORDINANCE NO. 2011.13
RELATING TO DEVELOPMENT; AMENDING MARANA LAND DEVELOPMENT CODE
TITLE 5 (ZONING) BY ADDING SECTION 05.02.06 (MEDICAL MARIJUANA LAND
USES IN ZONES A -E) AND CLARIFYING CULTIVATION IN CONNECTION WITH THE
"MEDICAL MARIJUANA DISPENSARY" USE, WHERE PERMITTED; AMENDING
MARANA LAND DEVELOPMENT CODE SECTION 08.08 (MEDICAL MARIJUANA
USES) FOR CLARITY AND TO AVOID INCONSISTENCY WITH FINAL ARIZONA
DEPARTMENT OF HEALTH SERVICES RULES; 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 5 (Zoning)
adding Section 05.02.06 (Medical Marijuana Land Uses in Zones A -E) and clarifying cultivation
in connection with the "medical marijuana dispensary" use, where permitted; and amending
Marana Land Development Code Section 08.08 (Medical Marijuana Uses) for clarity and to
conform to final Arizona Department of Health Services rules; 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 -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. This ordinance is effective on June 18, 2011.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 18 day of May, 2011.
Mayor Ed Honea
ATTEST: APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney
Regular Council Meeting - May 18, 2011 - Page 70 of 94
MARANA RESOLUTION NO. 2011-53
RELATING TO DEVELOPMENT; DECLARING AS A PUBLIC RECORD FILED WITH
THE TOWN CLERK THE AMENDMENTS ADOPTED BY ORDINANCE NO. 201 LXX,
AMENDING MARANA LAND DEVELOPMENT CODE TITLE 5 (ZONING) BY ADDING
SECTION 05.02.06 (MEDICAL MARIJUANA LAND USES IN ZONES A -E) AND
CLARIFYING CULTIVATION IN CONNECTION WITH THE "MEDICAL MARIJUANA
DISPENSARY" USE, WHERE PERMITTED; AND AMENDING MARANA LAND
DEVELOPMENT CODE SECTION 08.08 (MEDICAL MARIJUANA USES) FOR CLARITY
AND TO AVOID INCONSISTENCY WITH FINAL ARIZONA DEPARTMENT OF HEALTH
SERVICES RULES
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, that the amendments to Marana Land Development Code Title 5
(Zoning) and Section 08.08 (Medical Marijuana Uses), a copy of which is attached to and
incorporated in this resolution as Exhibit A and three copies of which are on file in the office of
the Town Clerk, are hereby declared to be a public record and ordered to remain on file with the
Town Clerk.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 18 day of May, 2011.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Regular Council Meeting - May 18, 2011 - Page 71 of 94
EXHIBIT A TO MARANA RESOLUTION NO. 2011-53
Amendments to Marana Land Development Code adopted pursuant to Marana
Ordinance No. 2011.13, amending Marana Land Development Code Title 5 (Zoning) by adding
Section 05.02.06 (Medical Marijuana Land Uses in Zones A -E) and clarifying cultivation in
connection with the "medical marijuana dispensary" use, where permitted; and amending Marana
Land Development Code Section 08.08 (Medical Marijuana Uses) for clarity and to avoid
inconsistency with final Arizona Department of Health Services rules
SECTION 1. Title 5 (Zoning) of the Marana Land Development Code is hereby revised
by adding new Section 05.02.06 (Medical marijuana Land Uses in Zones A -E), as follows:
A. The following medical marijuana related uses proposed in Zones A -E are
subject to the conditional use permit procedure set forth in Section 10.10 and
are subject to requirements found in Section 08.08:
1. Medical marijuana dispensary with or without on -site cultivation
2. Medical marijuana dispensary offsite cultivation location
B. Medical marijuana land uses proposed in Zones A -E shall not be subject to
the Significant Land Use Change process.
SECTION 2. The "Medical marijuana dispensary" uses listed under "Conditional Uses"
in Sections 05.11.04.D.2.d, 05.12.02.E.7, and 05.12.03.D.2 of the Marana Land Development
Code are hereby revised to add the words "with or without on -site cultivation "; so that they
provide in full: "Medical marijuana dispensary with or without on -site cultivation."
SECTION 3. Section 08.08 (Medical Marijuana Uses) of the Marana Land Development
Code is hereby revised as follows (with deletions shown with strik and additions shown
with double underlining)
08.08 Medical Marijuana Uses.
A. The minimum requirements of this section shall apply to all "medical
marijuana dispensary" and "medical marijuana dispensary offsite
cultivation location" uses located in any zoning district.
B. In addition to any other application requirements, an applicant for any
"medical marijuana dispensary" or "medical marijuana dispensary offsite
cultivation location" conditional use permit shall provide the following:
1. A notarized authorization executed by the property owner,
acknowledging and consenting to the proposed use of the
property as a medical marijuana dispensary or a medical
marijuana dispensary offsite cultivation location, as applicable.
2. The legal name of the medical marijuana dispensary or medical
marijuana dispensary offsite cultivation location.
3. If the application is for a medical marijuana dispensary offsite
cultivation location, the name and location of the medical
marijuana dispensary with which it is associated.
4. The name, address, and birth date of each officer and board
member of the nonprofit medical marijuana dispensary.
Regular Council Meeting - May 18, 2011 - Page 72 of 94
EXHIBIT A TO MARANA RESOLUTION NO. 2011-53
Amendments to Marana Land Development Code adopted pursuant to Marana
Ordinance No. 2011.13, amending Marana Land Development Code Title 5
(Zoning) by adding Section 05.02.06 (Medical Marijuana Land Uses in Zones
A -E) and clarifying cultivation in connection with the "medical marijuana
dispensary" use, where permitted; and amending Marana Land Development Code
Section 08.08 (Medical Marijuana Uses) for clarity and to avoid inconsistency
with final Arizona Department of Health Services rules
agent.
5 6. A copy of the operating procedures adopted in compliance with
A.R.S. §36 -2804 (B) (1) (c).
67-. A notarized certification that none of the nonprofit medical
marijuana dispensary officers or board members has been
convicted of any of the following offenses:
i. A violent crime as defined in A.R.S. § 13- 901.03 (6) that
was classified as a felony in the jurisdiction where the
person was convicted.
ii. A violation of state or federal controlled substance law that
was classified as a felony in the jurisdiction where the
person was convicted except an offense for which the
sentence, including any term of probation, incarceration or
supervised release, was completed ten or more years
earlier or an offense involving conduct that would be
immune from arrest, prosecution or penalty under A.R.S.
§ 36 -2811 except that the conduct occurred before the
effective date of that statute or was prosecuted by an
authority other than the state of Arizona.
Z 6. A notarized certification that none of the nonprofit medical
marijuana dispensary officers or board members has served as
an officer or board member for a medical marijuana dispensary
that has had its registration certificate revoked.
8 8. A floor plan showing the location, dimensions and type of security
measures demonstrating that the medical marijuana dispensary or
medical marijuana dispensary offsite cultivation location will be
secured, enclosed, and locked as required by law.
9 49. A scale drawing depicting the property lines and the separations
from the nearest property boundary of the parcel containing the
medical marijuana dispensary or medical marijuana dispensary
offsite cultivation location to the property boundary of the parcel
containing any existing uses listed in paragraph E below. If any of
the uses are located within 50 feet of the minimum separation, the
drawing, showing actual surveyed separations, shall be prepared
by a registered land surveyor.
Regular Council Meeting - May 18, 2011 - Page 73 of 94 -2-
EXHIBIT A TO MARANA RESOLUTION NO. 2011-53
Amendments to Marana Land Development Code adopted pursuant to Marana
Ordinance No. 2011.13, amending Marana Land Development Code Title 5
(Zoning) by adding Section 05.02.06 (Medical Marijuana Land Uses in Zones
A -E) and clarifying cultivation in connection with the "medical marijuana
dispensary" use, where permitted; and amending Marana Land Development Code
Section 08.08 (Medical Marijuana Uses) for clarity and to avoid inconsistency
with final Arizona Department of Health Services rules
n44-. A notarized acknowledgment of the requirements of EFeef 9
sennpliaRGe- with Pima County Code Chapter 8.80 ( "Medical
Marijuana ").
C. A medical marijuana dispensary shall have operating hours not earlier
than 9:00 a.m. and not later than 5:00 p.m.
D. A medical marijuana dispensary or medical marijuana dispensary offsite
cultivation location shall:
1. Be located in a permanent building and may not be located in a
trailer, cargo container or motor vehicle.
2. Not have drive - through service.
3. Not emit dust, fumes, vapors or odors into the environment.
4 Not provide off-site deliveFy of merlioal marq Cana
45. Prohibit consumption of marijuana on the premises.
56. Not have outdoor seating areas.
E7. Display a current Town of Marana business license applicable to
medical marijuana uses.
E. A medical marijuana dispensary or medical marijuana dispensary offsite
cultivation location shall meet the following minimum separations,
measured in a straight line from the boundary of the parcel containing the
medical marijuana dispensary or medical marijuana dispensary offsite
cultivation location to the property boundary of the parcel containing any
existing uses listed below:
1. 2,000 feet from any other medical marijuana dispensary or
medical marijuana dispensary offsite cultivation location.
2. 2,000 feet from a residential substance abuse diagnostic and
treatment facility or other residential drug or alcohol rehabilitation
facility.
3. 1,000 feet from a public, private, parochial, charter, dramatic,
dancing, music, learning center, or other similar school or
educational facility that caters to children.
4. 1,000 feet from a childcare center.
5. 1,000 feet from a public library or public park.
6. 1,000 feet from a church.
7. 1,000 feet from a facility devoted to family recreation or
entertainment.
Regular Council Meeting - May 18, 2011 - Page 74 of 94 -3-
EXHIBIT A TO MARANA RESOLUTION NO. 2011-53
Amendments to Marana Land Development Code adopted pursuant to Marana
Ordinance No. 2011.13, amending Marana Land Development Code Title 5
(Zoning) by adding Section 05.02.06 (Medical Marijuana Land Uses in Zones
A -E) and clarifying cultivation in connection with the "medical marijuana
dispensary" use, where permitted; and amending Marana Land Development Code
Section 08.08 (Medical Marijuana Uses) for clarity and to avoid inconsistency
with final Arizona Department of Health Services rules
F. A medical marijuana dispensary offsite cultivation location not associated
with a medical marijuana dispensary is prohibited, and only one medical
marijuana dispensary offsite cultivation location shall be permitted for the
single medical marijuana dispensary with which it is associated.
G. The number of medical marijuana dispensaries permitted within the town
limits of Marana shall be limited to two. The number of permitted medical
marijuana dispensaries shall be increased by one for each Marana
population increase of 50,000 over and above the official 2010 census
figure for Marana.
Regular Council Meeting - May 18, 2011 - Page 75 of 94 -4-
ARANA
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, May 18, 2011, 7:00:00 PM
To: Mayor and Council Item D 1
From: Gilbert Davidson , Town Manager
Strategic Plan Focus Area:
Not Applicable
Subject: Legislative /Intergovernmenta Report: 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—#-1 5.pdf Legislative Bulletin #15 Backup Material
❑ 2011_Legislatme_B..ulletin #_16.pdf Legislative Bulletin #16 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 - May 18, 2011 - Page 76 of 94
League of Arizona Cities and Towns - Legislative Bulletin Page 1 of 7
Lve - agUe 0&f An*ZOna
AN OW110
Legislative Bulletin —
ISSUE 15 - APRIL 15, 2011
Legislative overview
Today is the 96th day of the first session of Arizona's 50th Legislature. The House and Senate are tantalizingly close
to completing the session within the 100 -day limit established by rule. Because budget bills for the coming year
have been signed into the law and very little "must -do" legislation remains, the League is optimistic that the
Legislature will adjourn sine die by the end of next week.
Truce reached on impact fee bill
After months of negotiations with homebuilders, the League has reached a consensus position on SB 1525 (city;
town; development fees) and has switched to a neutral position on the bill. Pursuant to a negotiated amendment,
the final version of the bill will make substantial changes to the impact fee statutes but phase in those changes over
time. Further, the bill will preserve the ability of cities and towns to continue to pay off their bonded debt for
projects that are currently being financed - even if those projects would not be an eligible use of impact fees in the
future due to more restrictive definitions.
One of the key reasons for acquiescence on this bill was an agreement made outside of the actual language of SB
1525. The Homebuilders Association of Central Arizona has committed in writing to not promote new legislation
changing the impact fee statutes (without agreement from the League) until at least the 2015 legislative session.
The League has consistently advocated for a moratorium on additional impact fee legislation in order for cities and
towns - as well as homebuilders and developers - to have certainty and consistent rules under which to operate.
The initial effectiveness date of the bill is January 1, 2012, with some provisions going into effect August 1, 2014.
The bill contains many details that will require more analysis and implementation. The League will be working with
city and town stakeholders and our attorneys to develop guidelines, timelines and a model ordinance to help cities
and towns implement the provisions of the bill.
The impact fee issue is one that engenders intense emotions and strong opinions. While not every city and town is in
agreement with our final position, we appreciate the willingness of all to engage in productive dialogue on this
issue, to contact legislators and to offer suggestions as this complex bill has worked its way through the legislative
process. There will be a full summary of the bill in the League's New Laws Report following the session.
Managed competition
SB 1322 (now: managed competition; city services) was discussed in the House Committee of the Whole on April 13
but was suddenly retained to permit bill proponents to develop an amendment strategy. As presented to the House
and with certain exceptions, the measure requires the state's two largest cities to bid out all municipal services
Regular Council Meeting - May 18, 2011 - Page 77 of 94
League of Arizona Cities and Towns - Legislative Bulletin Page 2 of 7
costing in excess of $75,000. The League vigorously opposes the bill as an unwarranted and expensive mandate and
as an epic intrusion into matters of purely local governance.
The bill reappeared in the Committee of the Whole on April 14, and Representative Steve Montenegro (R- Avondale)
offered an amendment to raise the dollar threshold of municipal services requiring competition to $500,000. The
amendment was approved by voice vote, and the bill passed on third read by a vote of 34 -22. It now returns to the
Senate for consideration of the House amendment.
Commercial lease tax exemption
Legislation to exempt taxes on certain commercial lease transactions between related corporations (SB 1166:
municipal tax exemption; commercial lease) was approved by the House on Monday by a vote of 39 -20. Previously
passed by the Senate, the measure now proceeds to the Governor for her approval or veto. The League, which
opposes the bill on the basis that it could be abused by large corporations as a tax avoidance device, has apprised
the Governor of its concerns and has formally requested a veto of the bill. A copy of the veto request letter can be
found here. (see page 7 for the veto request letter.)
Consumer fireworks
SB 1379 (now: consumer fireworks; regulation) limits the extent to which cities and towns may regulate the use of
fireworks. Among other things, the bill mandates that cities may not prohibit the use of consumer fireworks during
the periods of June 15 to July 5 and December 12 to January 2. The measure was previously amended to prohibit
the sale of fireworks in Yavapai County, Coconino County and areas zoned for residential use.
The bill passed the House Committee of the Whole on Thursday with a floor amendment offered by Representative
Ted Vogt (R- Tucson). The amendment permits a municipality to charge an annual fee, not to exceed $1,000, for
each fireworks distribution facility. The purpose of the fee is to pay for costs associated with permitting and
inspections. The bill, opposed by the League, now proceeds to third reading in the House.
Regulatory reform
SB 1598 (cities; counties; regulatory review) was amended and approved by the House Committee of the Whole on
Tuesday. A number of groups, including the League, participated in the development of the stakeholder amendment
adopted by the House. With adoption of the amendment, the League is neutral on the legislation. A collateral
benefit of the amendment (which addresses a broad range of regulatory issues) is that its passage terminated
further consideration of HB 2501 (rules; laws; ordinances; interpretation), a measure mandating that an ambiguous
rule or ordinance be interpreted in favor of the party challenging its clarity.
As amended, the bill passed the House on Wednesday by a vote of 41 -17. The modified measure was returned to the
Senate, where it passed on a final vote of 22 -7.
Unfortunately, another measure strongly opposed by the League, SB 1286 (counties; cities; permits; time limit),
continues to progress through the system. The measure establishes a 60 -day time limit for local action on permit
applications and was amended by the House Government Committee to provide for applicant- requested extensions
and to require local governments to disclose to unsuccessful applicants information regarding approved applications.
The measure was approved by the House Rules Committee and was caucused on Tuesday. The overly simplistic
measure establishes a preposterous regulatory scheme, crafted without regard to current federal, state, and local
permitting practices. The League is disheartened by the bill's progress, especially in light of our good -faith
participation in negotiations on regulatory reform.
Utility charges
Regular Council Meeting - May 18, 2011 - Page 78 of 94
League of Arizona Cities and Towns - Legislative Bulletin Page 3 of 7
Despite the League's opposition, HB 2193 (municipal water charges; responsibility) passed its Senate third reading by
a vote of 21 -8 on Tuesday. This bill prevents municipalities from seeking recovery of utility charges from anyone
other than an individual who has contracted for the subject service and has resided at the service address. The bill
is especially problematic for communities with wastewater operations, as there are physical limitations on their
ability to mitigate financial loss through the termination of wastewater service. The sponsor has concurred with the
Senate amendment, and the bill now proceeds to final passage in the House.
Firearms
The House of Representatives passed SB 1201 (firearms omnibus) on Thursday by a vote of 38 -20. The League
opposes the bill because of its requirement that cities which prohibit guns from public buildings must employ armed
guards and install metal detectors and gun lockers. The bill was amended in the Committee of the Whole to clarify
that firearms can be prohibited from private events located on public property (such as professional football games
at public stadiums) without the additional security measures. Such measures, however, are required if guns are
banned from a public event at a public facility. For example, if a city council decides to prohibit firearms from a
council meeting, it would need the extra security precautions to comply with the legislation.
The bill sponsor concurred with the House changes, and the bill passed its final read in the Senate by a vote of 21 -8.
It now goes to the Governor for her approval or veto.
Recovery of attorney fees
SB 1404 (now: civil actions; attorney fees; recovery) is a bill that generally moves Arizona towards a "loser pays'
regime with respect to costs incurred for civil litigation. The League opposes the measure because it provides that
municipalities may not recover attorney costs under any circumstances. Following the cancellation of a scheduled
stakeholder meeting to discuss the bill, SB 1404 was placed on a Committee of the Whole calendar but retained.
Pension reform
SB 1609 (retirement systems; plans; plan design), passed the House by a vote of 36 -20 on Thursday. The
comprehensive pension reform bill was amended with a substitute floor amendment in Committee of the Whole. The
amendment makes a number of changes to the original compromise amendment. Among other things, the
amendment:
• modifies COLA provisions for the flow of money in and out of the reserve funds within the PSPRS system;
• delays the phase -in for employee contribution rate increases;
• eliminates references to 'retained" and 'recent elected officials" that would have applied prospective plan
design changes to current members of EORP who are reappointed, reelected or retained; and
• permits service purchases up to sixty months with ten years of credited service.
The League continues to support this measure and commends Speaker of the House Kirk Adams (R -Mesa) and Senator
Steve Yarbrough (R- Chandler) for their attentiveness to the concerns of affected groups. The bill now moves to the
Senate for final consideration.
Photo radar
As previously amended with a strike - everything amendment, SB 1398 (photo enforcement; DPS equipment fund)
eliminates the state photo radar enforcement system and imposes a supplemental $13 assessment on every traffic
fine for specified purposes. The bill was scheduled for consideration in the House Committee of the Whole on
Thursday but was retained. In its current form, the League is neutral on the bill.
The bill is likely to return to the Committee of the Whole, pending finalization of a floor amendment to provide that
persons receiving a photo radar notice of violation or traffic citation are required to neither identify the driver in
Regular Council Meeting - May 18, 2011 - Page 79 of 94
League of Arizona Cities and Towns - Legislative Bulletin Page 4 of 7
the photo nor respond to the complaint. The League continues to participate in discussions with sponsors and other
interested parties regarding the proposed amendment.
Liquor omnibus
On Monday, the House Committee of the Whole approved SB 1460 (liquor omnibus) with a floor amendment offered
by Representative J.D. Mesnard (R- Chandler). The amendment restores certain municipal authorities, preempted by
the original bill, respecting the issuance of special events licenses and the zoning of liquor- related businesses. The
bill had previously been amended to permit municipalities and counties to protest the transfer of an existing Liquor
license to a new business owner. The House passed the bill on its third reading Tuesday afternoon by a vote of 48-
11.
The bill sponsor concurred with the House changes and the bill passed its final read in the Senate by a vote of 24 -5.
It now goes to the Governor for her approval or veto.
I ncorporation
SB 1333 (cities; towns; incorporation) contains adjustments to incorporation law to address a specific circumstance
in Pima County. Accordingly, relevant provisions apply only to Arizona counties with populations between 500,000
and 1,000,000 persons (i.e., Pima County only).
Unfortunately, the bill was amended by the House Committee of the Whole to eliminate the population threshold
and introduce new applicability criteria based on the percentage of the population residing in incorporated areas.
This change expands the bill's scope to include cities and towns in six Arizona counties. The bill was passed by the
House by a vote of 38 -18 on Thursday.
The League, which opposes expansion of the bill's scope, has successfully concluded a negotiation with the prime
sponsor of the legislation, Senator Frank Antenori (R- Tucson). Under the agreement, Senator Antenori will ensure
that, during conference committee consideration of the bill, the legislation will be amended to:
• Further modify the population thresholds so that the bill applies to only five counties; and
• Provide for a phase -in of state shared revenue in cases where a large incorporation occurs in any affected
county.
The League thanks Senator Antenori for his cooperation and his willingness to address our concerns in a positive and
constructive manner.
Invest Arizona
SB 1041 (now: Arizona quality jobs incentive) passed the House on Thursday and returns to the Senate for
consideration of House changes. The bill, also known as Invest Arizona, introduces a local property tax component
that works in concert with the previously - passed Arizona Competitiveness Package and the Arizona Commerce
Authority. It is a key legislative agenda item for the Greater Phoenix Economic Council (GPEC) for Arizona to remain
competitive with other states promoting economic development incentives. The League supports the bill as a way to
elevate Arizona's ability to compete for major employers to either locate or remain in the state.
Legislator Profile - Representative Michelle Ugenti
For one particular game during her first year playing rugby at Arizona State
University, Michelle Ugenti's family came out in force to watch her in action. Her
grandparents, as well as a favorite aunt and uncle, were visiting from Norway, and
Michelle's proud parents brought them all to campus to cheer on the young
Regular Council Meeting - May 18, 2011 - Page 80 of 94
League of Arizona Cities and Towns - Legislative Bulletin Page 5 of 7
competitor. s
Michelle played well that day - so well, in fact, that after she scored a try (much like
a touchdown in American football) and her team won the game, her Sun Devil
teammates began to chant, "Shoot the boot! Shoot the boot!" Ever the sport, Michelle
complied and proceeded to engage in the victory ritual, which involved drinking beer
from a dirty, old, malodorous rugby cleat.
Her mother was aghast. Her grandparents were confused. Her rowdy teammates were
amok. Michelle simply enjoyed the scene and reveled in the moment. It was just
another day of being herself.
Representative Michelle Ugenti, a freshman Republican from Scottsdale, is nothing if not a "people person." Hardly
the crusty and scheming legislator of yore, she represents a new breed of lawmaker. Attractive, energetic and fun -
loving, Rep. Ugenti is an unreconstructed extrovert with an adventurous spirit. Grounded and confident, she takes
pride in her ability to get along with all types of people. Describing herself as a "normal person" who likes to laugh,
she observes that there are two groups who compose Arizona's fiftieth Legislature. One crowd takes things (and
themselves) much more seriously and is populated by climbers who are apt to believe their own press releases. The
other group is lighter of heart, has a wilder side and likes to have fun. No one who knows Rep. Ugenti would have a
doubt as to which camp she belongs.
As playful and spirited as she may be, responsibility is a theme that is laced throughout Rep. Ugenti's life and value
system. Responsibility to her teammates. Responsibility to her family as the eldest of five children and the mother
of three. Responsibility to her constituents and community. And responsibility to those who have sacrificed so much
- their comfort, fortunes and very lives - to protect our freedoms and the American way of life.
A native Arizonan, Rep. Ugenti currently lives within three miles of where she grew up. She was a member of the
first graduating class at Desert Mountain High School and earned a degree in business administration from ASU.
Working in the real estate industry when the housing bubble burst, Rep. Ugenti was intensely interested in the
government's role in, and response to, the economic downturn. Knowing that there is no better way to learn about a
system than to climb into the machine, she began her journey into electoral politics.
Rep. Ugenti was intrigued by the Tea Party movement. She participated in a few meetings, and before long,
conservative activists urged her to run for office. Her husband Frank was the sole member of her inner circle,
however, who encouraged Rep. Ugenti's entry into the often brutal world of politics. (A registered Democrat, he
later changed his party affiliation to vote for his wife.)
Rep. Ugenti decided to make a run for the House. She is not afraid to lose, but she won't take on a demanding task
without giving it her full - throttle commitment. Because her husband was able to stay with the kids while he worked
from home, Rep. Ugenti joined the scrum and gave the campaign her all. Finding herself in a crowded primary, she
gathered the most signatures of anyone in the race and was the first to file her petitions. She worked hard, knocked
on countless doors (all the while pregnant with her election baby, Noelle), stuck to her message and emerged
victorious.
Her Democratic opponent in the general election was none other than her middle school principal. The campaign
was a study in stark contrasts: man vs. woman; old vs. young; liberal vs. conservative; and teacher vs. student. Rep.
Ugenti was bemused by her opponent's constant campaign assaults on the public education system, considering that
he was a school administrator and she was a successful product of that very system. In the end, the electorate was
more drawn to Rep. Ugenti's messages of smaller government and personal responsibility, and she won in a
landslide.
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League of Arizona Cities and Towns - Legislative Bulletin Page 6 of 7
For Rep. Ugenti, politics is more of an educational opportunity than it is a blood sport. She loves to learn and is
fascinated by the interplay of relationships, statecraft, personality and policy. Though she won't compromise her
core principles, she recognizes that ideological rigidity can lead to legislative ineffectiveness. "You have to know
when to hold your ground and know when to tango," she quips.
Rep. Ugenti is an enthusiastic booster of her hometown. Scottsdale, known worldwide as a high -end resort
destination, doubles as a quiet and laid -back residential community. This unique combination of world -class
amenities and superlative quality of life is a treasure to be preserved. Rep. Ugenti is an unreserved supporter of
Mayor Jim Lane, who understands the essence of Scottsdale and, "is doing a phenomenal job with the city."
Family remains Rep. Ugenti's principal priority. The successful launch of her political career was made possible by
the support of an unselfish spouse who derives great satisfaction from her achievements. Her children Bella (age 4)
and Luca (age 2) are high- energy dervishes who are constantly in 'sass mode.' ("They take after their father. ") They
love their baby sister (born November 30) and have a lot of fun playing with her - until they get bored. Rep. Ugenti
jealously guards her family time, and her idea of the ultimate weekend is staying at home.
Rep. Ugenti entered politics with the same spirit of discovery with which she started rugby. (She just "showed up" to
practice one day after her curiosity was piqued by a rugby flyer.) She is delving into the mechanics of policy - making
with the same commitment that she made to her campaign. And she is showing the same respect to legislators and
others within the Capitol's orbit that she has always accorded to her family and friends. There is little doubt that
she will score her fair share of political tries at the Legislature. And when she does, her colleagues won't be
disappointed if they encourage her to shoot the boot.
Legislative Bulletin is published by the League of Arizona Cities and Towns.
Forward your comments or suggestions to league@azleague.org.
Regular Council Meeting - May 18, 2011 - Page 82 of 94
League of Arizona Cities and Towns - Legislative Bulletin Page 7 of 7
League of Ar i zona
CAIC ANDTOW ' IL S 1820 IV, Washinpn Phoenix, AZ 85007" . Phone: 602) 258 - 5786 e Fax: (602) 253 - 3€i74
Email: league@azleague.org -Web site: www azleague.org
The Honorable Janice K. Brewer
Governor
State of Arizona
1700 West Washington Street
Phoenix, Arizona 85447
Dear Governor Brewer:
The purposebf this letter is to respectfully i request a veto of 813 1166 (municipal tax exemption;
commercial lease), legislation to exempt taxes on certain commercial :lease transactions between
related corporations.
The L of Arizona Cities and Towns has -a very practical concern regarding - the bill's
potential impact on the municipal tax Base'. We are persuaded that the legislation could create an
unintended '16ophole redounding to the benefit of large corporations at the expense of sorer
needed city "revenues.
Legislative - proponents of the bill have indicated that the measure is intended for the protection
of sole proprietors and small businesses from unwarranted taxation. Accordingly, the League
prepared and proposed an amendment to ensure that the commercial lease tax exemption would
apply only to such enterprises and not be available to major multinational corporations with
clever tax lawyers. Our overtures w e re unheeded, however, and the s ponsors declin to w ork
with the League to address our concerns,.
As you are keenly mare, Arizona's cities and, have been deeply affected by the economic
downturn. On average, Arizona's municipaliu have experieztced a 3g ° /� rr . duction in their
budgets,o`�er the past three years. Many. "our cities ate concerned that enactment of S 1166
into law will resultin';substantial budget -reductions that will further impair their progress; toward
economic recovery,
The League has provided to your sits, <analysis of how large corporations might render
commercial lease transactions exempt under SB 1 d,66. We are available to provide such. further
information as you. might require. Thank you 'in your consideration:.
Since Iy,
Ken - Strobes
xeeutive Director
kslsrn
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League of Arizona Cities and Towns - Legislative Bulletin Page 1 of 11
League of Arizona
U I a t Z.*) A N DT(ownS
Legislative Bulletin —
ISSUE 16 - APRIL 22, 2011
Legislative overview
At 5:25 a.m. on Wednesday, after an all night legislative marathon, the first session of the 50th Arizona Legislature
adjourned sine die. The session concluded on the 100th legislative day of the year, the deadline established by rule
in the House and Senate. It was the earliest sine die adjournment in eleven years.
News coming from the executive tower this week centered on Governor Brewer's veto of bills that arrived at her
desk with the strong support of conservative legislators. After signing some of the most sweeping legislation in the
country to loosen gun restrictions over the past two years, the Governor vetoed a controversial bill (SB 1467:
educational institution; concealed weapons) to permit people to carry firearms on college campuses. In addition,
she vetoed legislation (HB 2177: presidential candidates; qualifications; affidavit) to require President Barack
Obama and other presidential candidates to prove their U.S. citizenship before their names can appear on the
state's ballot.
Legislative leadership hopes that this session will be remembered for passage of a balanced budget, comprehensive
pension reform and a sweeping jobs package. These are laudable achievements and the League of Cities and Towns
congratulates the House and Senate for these accomplishments.
This Legislature, however, will be also be remembered for its relentless assault on Arizona's cities and towns. Bills
to micromanage municipal contracting procedures, establish city employment levels, reduce state - shared revenues,
and abolish the Model City Tax Code were among the raft of anti -city legislation introduced during the session.
These bills diminish local authority and centralize power in the State. Ironically, many of those who most adamantly
oppose federal government intrusion into state matters are more than anxious to impose state mandates on cities
and towns.
Development impact fees
SB 1525 (city; town; development fees) was amended in the House on Tuesday evening with a floor amendment
sponsored by Representative J.D. Mesnard (R- Chandler). The amendment reflects the consensus agreement reached
between negotiators from the League and the Homebuilders Association. The bill passed the House by a vote of 41-
18, and the Senate concurred in the House amendments by a vote of 20 -10. The bill is awaiting the Governor's
signature.
Cities and towns will be required to change their impact fee practices in order to conform to the new law, but we
have a commitment from the Homebuilders Association that it will not run any new impact fee legislation until at
least the 2015 session. This will provide an opportunity to implement the revised system without further changes.
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The League will be developing a model ordinance and other materials to assist in compliance.
Here is a list of the key provisions of the bill:
• Allows continued assessment and collection of current impact fee schedules to pay debt service on existing
bonds for projects currently underway, even if the fees would no longer be allowed after the effective date
of the bill.
• Maintains the phrase "necessary public services" in statute; a new definition, however, narrows the
permissible uses of impact fees to address homebuilder concerns regarding improper use of fees for general
government purposes, certain facilities, such as parks over 30 acres or libraries over 10,000 square feet, and
other uses deemed by the homebuilders to be unacceptable, while preserving settled expectations with
regard to core health /safety capital infrastructure facilities.
• Limits development fees to the proportional share of the cost of new infrastructure that is attributable to
new development, and prohibits increasing the level of service that is provided to existing residents.
Requires development fees to be assessed in service areas within which there is a substantial nexus between
the necessary public service and new growth.
• Clarifies that offsets against impact fees need only be provided for taxes that are applied to capital costs of
infrastructure. Between June 30, 2011 and July 31, 2012, a municipality cannot increase its construction
sales tax rate to an amount greater that its general TPT rate (existing rates above the TPT rate can continue
in effect). After August 1, 2014, the differential portion of a discriminatory sales tax on new construction
must be counted as an offset in the calculation of the fee amount, regardless of its actual use.
• Clarifies that credits against impact fees are only due when a developer pays for (or is required to provide)
infrastructure in an Infrastructure Improvements Plan for which development fees were assessed, including a
facility that was added to replace or substitute for other infrastructure in an Infrastructure Improvements
Plan.
• If impact fees are assessed, requires impact fees to be assessed against residential, commercial and
industrial users, but continues to allow differential impact fee rates to be adopted for residential,
commercial and multi - family construction.
• Specifies that a municipality may not waive development impact fees unless it provides reimbursement to
impact fee accounts for the waived fees.
• Creates new public notice and hearing procedures for assessing, adopting, and amending development fees,
with fees tied to the Infrastructure Improvements Plan in lieu of an independent fee study. Existing fee
studies and plans will need to be replaced using the new system no later than August 1, 2014, or a
municipality will be unable to continue to collect fees.
• Allows cities and towns to change their Infrastructure Improvements Plans without going through the public
process where changes will not affect the level of service in a service area, or will not result in a fee
increase of more than 5 %.
• Requires Infrastructure Improvements Plans to: identify all capital projects that are the subject of
development impact fees; disclose existing facilities, required upgrades, and other costs of existing facilities
not associated with new development; identify offsets; and include a professionally prepared fee study to
establish the development fees necessary to assess the appropriate level of costs for each permitted
infrastructure item to new development.
• Requires a refund to current property owners of certain impact fees if the infrastructure that is the subject
of a development fee is not built within ten years (or the timeframe identified in the IIP) or fifteen years for
water and wastewater projects. Also requires a refund of the "savings' amount if actual costs are more than
ten percent lower than the costs estimated in the IIP.
• Requires either creation of an advisory committee to provide input on the adoption and administration of
impact fees or a biennial audit of a municipality's impact fee program.
• Changes "grandfathering" provision to apply for 24 months after issuance of the first building permit for
residential construction; or upon final approval for commercial, industrial or multi- family construction.
Eliminates indexing provisions.
• Creates new definitions of "development," "service areas" and "service units."
• Ends the existing development fee freeze on December 31, 2011.
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Here is a list of effective dates contained in the bill:
• The effective date of the bill, including new definitions, grandfathering provisions and crediting /offset
provisions, is January 1, 2012.
• The present impact fee rate freeze ends on December 31, 2011.
• Impact fees cannot be collected after January 1, 2012 for items not included in the new definitions, unless
those items are financed with bonds or other financing mechanisms. If existing development fees are
pledged to repay debt service for infrastructure items financed before June 1, 2011, then the existing
development fees can continue to be collected until the existing debt is paid off.
• Cities and towns have until August 1, 2014 to adopt new Infrastructure Improvement Plans and fee studies.
Impact fees cannot be charged by any municipality after that date without complying with these provisions.
During that period, existing impact fees that fit within the new definitions can also be pledged to debt
service (and will be thereafter protected), provided that the facilities for which they are used were included
in an Infrastructure Improvements Plan by June 2011.
• Refund provisions are effective against fees paid on or after August 1, 2014 (fees must be spent - or facilities
constructed - within 10 years for non - water /wastewater fees, 15 years for water /wastewater fees).
• Between June 30, 2011 and July 31, 2014, a municipality cannot increase its construction sales tax rate to an
amount greater that its general TPT rate (existing rates above the TPT rate can continue in effect). After
August 1, 2014, the differential portion of a discriminatory new construction sales tax must be counted as an
offset in the calculation of the fee amount, regardless of its actual use.
• Money collected for newly prohibited purposes must be spent within the same general category of necessary
public service for which it was collected by January 1, 2020. If not spent by that date, it must be distributed
evenly among the categories of permitted infrastructure improvements.
• The advisory committee must be appointed by the time the municipality is required to provide public notice
of its intent to adopt or update an IIP /fee study under the new statute; alternatively, the municipality can
conduct a biennial audit.
Managed competition
In the dead of night, at 3:53 a.m. on the last day of the legislative session, Senate leadership brought forth SB 1322
(managed competition; city services) for a final vote of the Senate. No notice was given for the bill's consideration,
as it did not appear on any published calendar for final action. The bill, representing a massive and unjustified
incursion on local authority, provides that, with certain exceptions, all city services valued in excess of $500,000
must be subject to private sector competition in Arizona's two largest cities.
The bill previously passed the Senate and was amended in the House to raise the dollar threshold for subject city
services from $75,000 to $500,000. Because the legislation was amended in the House, it returned to the Senate for
consideration of the change. There was no discussion on the bill, which passed by a final vote of 20 -7.
The League has joined several cities and other organizations in requesting a veto of the bill by the Governor. The
League's veto request letter can be found here. A League resolution in support of a veto can be found here.
(see page 8 for the veto request letter and page 10 for the resolution in support.)
Commercial lease tax exemption
On April 18, Governor Brewer signed into law legislation to exempt taxes on certain commercial lease transactions
between related corporations (SB 1166: municipal tax exemption; commercial lease). The League, which opposed
the measure throughout the legislative session, requested a veto of the bill and provided updated data to the
Governor on the amount of transaction privilege tax revenue derived from commercial lease activity in Arizona's
municipalities. Notwithstanding the League's efforts, the new law will go into effect on July 20, 2011.
Consumer fireworks
On April 19, the Senate formally concurred with House amendments to SB 1379 (now: consumer fireworks;
regulation), a bill to limit the extent to which cities and towns may regulate the use of fireworks. Among other
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things, the legislation mandates that cities may not prohibit the use of consumer fireworks during the periods of
June 15 to July 5 and December 12 to January 2.
Over the course of the legislative session, SB 1379 was amended to address some concerns of cities and towns. One
amendment prohibits the sale of fireworks in Yavapai and Coconino Counties and areas zoned for residential use.
Another permits municipalities to impose an annual fee on facilities at which fireworks are sold. These fees are to
defray costs associated with permitting and inspections.
The bill was presented to the Governor on April 20. She has ten days from the date of presentment to decide
whether to sign it, veto it or permit it to become law without her signature.
Regulatory reform
SB 1598 (cities; counties; regulatory review) was passed by the Senate on a Final Read vote of 22 -7. The measure
applies the Regulatory Bill of Rights (currently governing state agencies) to local government; it also makes changes
to the general plan statutes regarding aggregate resources (gravel). Because of adjustments to the bill made during
stakeholder negotiations to which the League was party, we have moved to a position of neutrality on the
legislation.
Because of SB 1598's passage, further consideration of SB 1286 (counties; cities; permits; time limit) and SB 2501
(rules; laws; ordinances; interpretation) was terminated. The League strongly opposed each of these bills.
Utility charges
HB 2193 (municipal water charges; responsibility) prevailed on House Final Passage by a vote of 45 -15 on Tuesday.
This bill prevents municipalities from seeking recovery of utility charges from anyone other than an individual who
has contracted for the service and resides or has resided at the service address. The bill now proceeds to the
Governor's office. Governor Brewer has until May 2 to approve or veto the legislation.
Firearms
The Governor has yet to take action on SB 1201 (firearms omnibus), which was transmitted to her by the Legislature
on April 15. The League opposes the bill because of its requirement that cities prohibiting guns from public buildings
must employ armed guards and install metal detectors and gun lockers. The bill stipulates that firearms can be
prohibited from private events located on public property (such as professional football games at public stadiums)
without the additional security measures. Such measures, however, are required if guns are banned from a public
facility in its normal course of business, as in regular city library operations.
The League of Arizona Cities and Towns has formally requested a veto of this legislation. A copy of the veto request
letter can be found here. (see page 11 for the veto request.)
Pension reform
SB 1609 (retirement systems; plans; plan design) was sent to the Governor on April 18 after it passed the Senate on
Final Read by a vote of 21 -9. The measure prescribes numerous changes to the state's four public pension systems.
This comprehensive reform package represents the product of exhaustive efforts by Speaker of the House Kirk
Adams (R -Mesa) and Senator Steve Yarbrough (R- Chandler). The League supports the measure and thanks the
sponsors and stakeholders for their dedicated efforts to enact meaningful reform.
Liquor omnibus
On Monday the Governor signed SB 1460 (liquor omnibus). The League moved to a position of neutrality on the bill
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because many of our concerns were satisfactorily addressed during negotiations throughout the session. As
amended, the bill preserves certain authorities of municipalities with respect to: issuance of special events licenses;
transfers of existing liquor licenses to new business owners; and the zoning of liquor- related businesses. The bill will
become effective July 20.
Incorporation
SB 1333 (cities; towns; incorporation) includes adjustments to incorporation law to address a specific circumstance
in Pima County. Pursuant to an agreement between the League and the bill's sponsor, Senator Frank Antenod (R-
Tucson), the bill was amended in conference committee to limit the bill's application to no more than five counties
and provide for a phase -in of state shared revenue in cases where a large incorporation occurs in any affected
county.
The amended bill passed the Senate on the last day of the session by a vote of 19 -8. It then passed the House by a
vote of 31 -25 and was sent to the Governor for her approval or rejection.
Invest Arizona
SB 1041 (Arizona quality jobs incentives), companion legislation to the Governor's Competitiveness Package,
prevailed on final passage in the Senate and was sent to the Governor's desk for her signature. The bill, supported
by the League, adds a property tax component to business recruitment efforts with the goal of attracting and
retaining long -term, high quality jobs to the state. The two bills substantially boost Arizona's competitive position in
relation to other Western states.
Photo radar and assessments
SB 1398 (now: moving violations; assessment; equipment; enforcement) was the subject of a flurry activity in the
waning days of the legislative session. The bill passed the Senate on Final Read by a vote of 20 -10 in the hours
preceding sine die. The House passed the measure by a vote of 38 -22 the previous day. The bill was heavily
amended in Committee of the Whole as well as in SIT COW (Sitting as in Committee of the Whole). As transmitted to
the Governor, SB 1398 now:
• Eliminates the state photo radar enforcement system.
• Stipulates that a law enforcement agency must inform the recipient of a photo radar citation that the
recipient is not required to identify the driver nor respond to the citation if it was not properly issued.
Additionally, the measure stipulates that failure to respond will result in the probability of being formally
served, which will result in the person paying the cost of the service.
• Stipulates that the recipient of a photo radar notice of violation (NOV) is not required to identify the driver
nor respond to the complaint.
• Imposes a supplemental $13 assessment on every traffic fine for distribution to various entities for the
primary purpose of supplementing monies for officer safety equipment.
• Specifies that monies collected from the assessment that are distributed to the Department of Public Safety
(DPS) are for protective armor, electronic stun devices and other safety equipment.
• Allows the Pima County Sheriff to receive GIITEM (Gang and Immigration Intelligence Team Enforcement
Mission) monies.
• Creates the GIITEM Border Security and Law Enforcement subaccount for law enforcement purposes related
to border security. Monies distributed from the subaccount to a county sheriff go directly to the sheriff and
are not subject to approval from the county board of supervisors.
• Appropriates $1,000,000 from the state general fund to DPS to enter into a Memorandum of Understanding
with Pinal County to purchase equipment and supplies for border security.
• Backfills the $1,000,000 general fund appropriation with the first $1,000,000 deposited into the GIITEM
subaccount.
• Requires JLBC to report to the Legislature on or before June 30, 2012 on the use of monies in the GIITEM
subaccount and the monies used for Pinal County.
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League of Arizona Cities and Towns - Legislative Bulletin Page 6 of 11
• Redirects monies from the state aid to indigent defense fund in FY 12 to the GIITEM subaccount.
The bill was transmitted to Governor Brewer on April 20 for her consideration.
Legislator Profile - Senator John McComish
Senator John McComish is a first generation American, born in Youngstown, Ohio, in
the heart of industrial America. His father arrived in the United States at the tender
age of ten, when Senator McComish's grandfather took a job in Ohio's steel industry.
The senator's father never quite understood why the family patriarch left his
hometown in Scotland. He had been a prominent and prosperous member of the
community, who abandoned the security of a comfortable life to make his way in a
strange land far, far away.
Some fifty years after arriving in America, the senator's father returned to Scotland
for the first time. He found that nothing had changed. It was, in all apparent
respects, the same static community in which he had spent his formative years. There
were no signs of progress, no indications of social or economic advance. It was only
then that he understood and respected his own father's decision to leave. McComish
the elder had recognized that America was a land of opportunity, where anything is possible, and where his children
would enjoy greater freedom and more life choices.
Cognizant of his forebears' sacrifice, Senator McComish has taken full advantage of the freedom and opportunity
offered by his native land. Following years of academic achievement, corporate success and civic contribution, he
currently represents the 20th Legislative District in the Arizona State Senate. His district includes Ahwatukee in
Phoenix, as well as parts of Chandler and Tempe.
Senator McComish is a classic intellectual who doesn't wear his superior smarts on his sleeve. Rather, he is an
engaging, warm and loyal individual who gravitated towards politics because of his searing interest in public policy.
One measure of his loyalty is the longevity of his marriage to his wife, Karen. Their 43 -year marital union only tells
part of the story, though. When Senator McComish was in seventh grade, he eyed his future bride (who at that time
attended a different school) at an orientation assembly for the school they would both be entering the following
year. This was a girl he was determined to meet. They started holding hands in eighth grade, and they've been
inseparable ever since.
Following graduation from Colgate, which he attended on a football scholarship, Senator McComish began a rapid
climb up the corporate ladder. He became a self - described "corporate gypsy" and worked in various cities for a
variety of enterprises. By the age of 35, he was the national sales manager for Johnson and Johnson.
After twenty -four years of corporate success with Fortune 500 companies, Senator McComish had an epiphany. ( "My
wife says it was a mid -life crisis," he quips.) He had had enough of the corporate life and decided to realize his
dream to settle down and open a bookstore. He and his wife knew Arizona from previous travels, and they had a
smattering of family in the Grand Canyon state. So they came to the Valley, and Senator McComish reinvented
himself as an Ahwatukee bookseller. His wife got a job teaching in the Kyrene elementary school district.
Senator McComish loved his life as a merchant of books. They didn't make much money, but they created an
attractive and comfortable space for true bibliophiles and literary connoisseurs. He ordered Sunday newspapers
from around the country and built a customer base of scholars and brainiacs.
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After seven years, however, the senator could hear the hoof beats of big box bookstores and online retailers. He
intuited that the days of his independent establishment were numbered. About that time, the directors of the
Ahwatukee Chamber of Commerce decided to take their fledgling organization to the next level and to hire a full -
time director. Senator McComish, who was at the time an active member of the Chamber, was awarded the job.
During his service as the institution's chief executive officer, Chamber membership grew from 60 to 600.
One consequence of his job was his immersion into public policy. He became an expert on municipal affairs,
participated in various policy- oriented working groups, and testified at the Legislature. His involvement with policy
grew exponentially when he assumed the chairmanship of the Ahwatukee Foothills Village Planning Committee.
His absorption with policy led to the senators decision to run for the Arizona House in 2002. He sought nomination
as a lifelong Republican. His father had been a rare but outspoken Republican in industrial Youngstown. Speaking of
his father, the senator recollects, "Whenever he saw a parent with a new baby, he would say, 'be careful - if you
drop that baby on its head, he's likely to become a Democrat!
In the end, the citizens of District 20 decided to send their two incumbent Representatives (Rep. Bob Robson and
then -Rep. John Huppenthal) back to the House, but Senator McComish came in a respectable third. In 2004, Rep.
Huppenthal ran for the Senate, creating a House vacancy. Senator McComish won the open seat and hasn't lost an
election since.
Senator McComish is a strong supporter of state shared revenues and believes that the tax - sharing system should
continue without change. "Many of my colleagues have a misconception that cities are getting money that belongs to
the State," observes Senator McComish. "That's not right. Under its longstanding contract with municipalities, the
State collects taxes for itself and cities, and then divvies up the revenues according to formula."
Senator McComish has never been to Scotland, but such a trip is on his very short bucket list. When he gets there,
he might find that the place isn't very much different from when his father last visited. He will know, however, that
back on his own native soil, much has changed - partly because in this land of opportunity, he took the initiative,
performed service above self and made a difference.
Legislative Bulletin is published by the League of Arizona Cities and Towns.
Forward your comments or suggestions to league@azleague.org.
Regular Council Meeting - May 18, 2011 - Page 90 of 94
League of Arizona Cities and Towns - Legislative Bulletin Page 8 of 11
League o f
C *1 , LIeS 1,920 0 W Washington . Phoenix,,AZ 85W7 Phoney (602) 258-5786 Fax. (602) 253-3474
ANDJOW Em, IeagueCa-azle ueo.rg =1 -Veb site; ww%mileague.org
.April 20 2011
The Honorable Janice K. Brewer
overnor
State of A zona
170 Vest: Washington Street
Phoenix," Arizona 85,067
Dear G overnor Brewer,
tan ehalfof all the 91 incorporated cities and towns in. Arizona I respectfully request a veto of
S On (now: managed competiti on; city services). The League of Arizona Cities and Towns
V igor ou ly opposes this bill as an unwarranted, u>nfund d azid°e per ve man and as an epic;
intrusion" into utters of,purely local governan ,
Event ough the bill "as passed currently a flies only to Phoenix and Tucson, it is only a matter
of timers the sponsors have indicated- before it is imposcd all cities, towns and counties,
T is kind of micromanagernent into purely local matters is OaTIOely "inappropriate and is a
major breach in the cooperative relationship that should qxistbet*peOz state and decal
governments-
The mandates contained ix B 1322 tha all services costing over $500,000 must be put out for
competitive back "already" remain entirely within the" avtho t of city, :councils to enact on their
awn accord, In fact, cities and towns across our ** engage in manapi4coax ;op
wideap d and. rational t ar s. MunicipA itj e have every incentive t save: o�fey';an to.creat
ecr►norn c development nppartunities espe ially during these times of fu �cial suss,
Acc ordingly, they broadly outsource,city services in those camas where competition provides
significant cost savings and efficiencies without sacrificing service reliability.
But for the" State to bypass locally "elected offils and micromanage contracting processes is to
impose - - handed and costly mandate on".r unici alitie , It req ires.r ore mess, more
paper and ° more bureaucracy. Running pennons isn't free, it isn't easy, and i't d sn,'t always
save money. ;
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It is challenging to even enumerate the many complications, difficulties and objectionable
features of this 'bill. Municipalities will be required to abandon taxpayer investments in service
delivery systems. Tragic service gaps will accompany vendor WAkrupteieS <nr other
circumstances that interfere with contract performance. Lacking the same civic imperative to
provide vital public services, private companies will, in certain cases, saerife the Publiq good to
maximize profit.
The legislation will expand the bases for the pursuit of litigation by utts lccessful bidders. Toe
result will be more lawsuits, more paperwork and more contractual processes.
Cities in Arizona are known to be among the best -run municipalities in the nation., The
substitution of the Le gislature's judgment for that of mayors and councils in the area of servi
contracts a matter of manifestly local concern �-- cannot be justified. As you know firsthand,
local government leaders. bperate at the level of government that is closest and most responsive
to the people. By Emitirtg the discretion. ofcity court eila to mice local contracting decisions, ..and
investing more such authority ian the .tote the bill moves Arizona away 'nrozn conservative
principles of self- governance and towards centralized control%
Madame Governor, cities and towns of size across Arizona are united in their opposition to
Sly 1322 and strongly urge you to eto the bill. Thank you for your consideration of this veto
request and for your service to our state.
sincerely,
.ere trbeek
Executive Director
ism .
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League of Arizona Cities and Towns - Legislative Bulletin Page 10 of 11
League of Arizona
IQ , 1VO ftshingto i- Phoen A 85C 7 p Phone (602) 258-5786. Fa), (602) 255 -3874
utieS Email-, leagu 'axl l�rg-Y0 site:,www.azleague.org
N D
LEAGUE OF ARIZONA CITIES AND TOWNS
A RESOLUTION R GOVERNOR JAN BRE ER TO VETO 581322
' Whereas, , a core, rnxciple of the League of A tiZO, na Cities and 'TO is to protect loe
con 1 ltd local decision making, but:013 preempts local °control and undermines the ability
of locally-elected officials to make the right decisions for their corrt urtitim and
Whereas cites and towns ''in Arizona already contract with the private sector for many
municipal services whenever it is e nornically feasible and whenever services can- be,,.provided
to citizens oieiently and at an acceptable level; And
Whereas, despite being touted as boon for small, local. business,, there is no asce in
SI3I3 . that jobs current 'performed b Arizona taxpayers �l not be ox�tsourced t c l=a
state or even non -US :entities; and
Whereas, Sly 1322 would require significant additional expenses ; to cities in order to
prepare' bids, evaluate and award contracts, provide supervision: over contractor and face
lawsuits from unsuccessful bidders due to :the vague and imprecise langiAige of the bill; and
Whereas, many municipal services involve sensitive personal information in th e form of
tax, utility and, business records, and other intricate and specialized functions such as €rirports,
eater and wastewater treatment plants; and
Wh ereas, SB132Z applies to only the two lamest cities in the state right now, 'Wt l''
likely be expanded jo include all dities and towns 4egardless of size or,gepgraphic area and all
cities and °towns this kind of ipositior an attach an low eontrc!l,,.atd
Whereas', SB1322 represenwatt inappropriate :u unfunded mandate from
one level of government onto anothi;�;,And
Whereas, Govemor fare Brewer has been a consistent d efender of local control , id the
authority of locally - lecte,d officials to manage the affairs of their own communities; now
terefore
Be it r l vecl. that the Lague of Arizopa` Cities and Towns requests that Governor
Brewex veto SB l 322 , as not being in the best interest of the cities, towns or state of Arizona,
Adopted "by action of the.6ague Executive Committee, April 22, 20'11.
Regular Council Meeting - May 18, 2011 - Page 93 of 94
League of Arizona Cities and Towns - Legislative Bulletin Page 11 of 11
League i
C it I C-1%-S 1820 IAvash n ton. F oejiix,AZ'8500.7' Phone: (602)258-5786-F (602) 253 -3874
AN
Apfil2,0,2011
The Honorable Janice K. Brewer
Governor
State of Ar izona
1700 West Washington Street
Phoenix, Arizona 85007
Dear Governor Brewer:
The purpose of this letter is to respectfully request a veto of SB 1201; ffirearns 'oribus which
has been presented to you, by the Arizona Legislature. The League of Arizona Cities and Towns
joins the many'' interested. and affected parties who are urging you to reject this ill -c I sidered
legislation.
.Among other objectionable provisions, the bill requires that if a municipality prohibits guns in
public buildings, then-it must employ armed guards and install metal detectors and lock boxes at
all entrances. Through this requirement, the bill Forces cities and towns to inch both substantial
ca pital costs and, ongoing g expenses'to irxtp ment unwanted new security policies. h is a blatant;
unfunded mandate in.time of extremely fight local budgets.
Furthermore, this bill; represents an unwarranted inct.irsion on local control, memorializes
questionable public policy, and unjustifiably applies a one-size- fits -all apprt achAb cities and
towns across the state. For these reasons, the League r estf ully requests that you veto
B 1201,
Thank you for your consideration and for your service to our state.
Sim ly,
N ,a�
Kett Stxobeck
Executive Director
kslsm
Regular Council Meeting - May 18, 2011 - Page 94 of 94