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HomeMy WebLinkAbout08/16/2011 Council Agenda Packet MARANA f I MARANA TOWN COUNCIL REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, August 16, 2011, at or after 7:00 PM Ed Honea, Mayor Patti Comerford, Vice Mayor David Bowen, Council Member Herb Kai, 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 c ourtesy to others p leas e turn off or put in silent mo all pagers and cell phones. Meeting Tim 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. Spea king at Meetings If you are interested in speaking to the Council during Call to the Public, Public Hearings, or other agenda items, you must fill out a speaker card (located in the lobby outside the Council Chambers) and deliver it to the Town Clerk prior to the convening of the meeting. All persons attending the Council meeting, whether speaking to the Council or not, are expected to observe the Council Rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. Accessibility To better serve the citizens of Marana and others attending our meetings, the Council Chambers are wheelchair and handicapped accessible. Any person who, by reason of any disability, is in need of special services as a result of their disability, such as assistive listening devices, agenda materials Regular Council Meeting - August 16, 2011 - Page 1 of 190 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. Agend Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online at www.marana.com, by linking to the Town Clerk page under Agendas, Minutes and Ordinances. For questions about the Council meetings, special services or procedures, please contact the Town Clerk, at 382 -1999, Monday through Friday from 8:00 a.m. to 5:00 p.m. Posted no later than Monday, August 15, 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 Regular Council Meeting - August 16, 2011 - Page 2 of 190 following the Consent agenda. C 1: R esolution No. 2011- Relating to Personnel; amending the fiscal year 2011 -2012 classified salary schedule to change the title of the position of Technology Supervisor to Technology Manager (Suzanne Machain) C2: Resoluti No. 2011- 81Relating to Development, approving a development plan for El Ganado Auto Center (Lisa Shafer) C3: Resoluti No. 201 -8 Relating to Personnel; approving and adopting amendments to the Town's Personnel Policies and Procedures, revising Chapter 3 - Compensation, Policy 3 -8 "Holiday Pay" and Chapter 4 - Employment Benefits, Policy 4 -4 "Holidays" (Suzanne Machain) C 4: Resolution No. 2011 -83: _Relating to Development; approving a final plat for Continental Ranch Retail Center — Westside Resubdivision #2, Lots 9 & 17 (Lisa Shafer) C 5:. Minutes of the August 2 regular meeting and August 9 study session LIQUOR LICENSES L 1: Relating to Liquor Licenses; recommendation to the state liquor board regarding a New Series #10 (Beer and Wine Store) liquor license application submitted by Roger K. Burton on behalf of Giant #628, located at 12030 N. Dove Mountain Boulevard L 2: Relating to Liquor Licenses; recommendation to the state liquor board regarding a Person and Location Transfer Series 7 (Beer and Wine Bar) liquor license application submitted by Bobby D. Newman on behalf of Mike Jacobs Sports Park, located at 6901 W. Casa Grande Highway BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION A 1: _ PUBLIC HE ARING: Ordinance N o. 2011 Relating to Development; approving a rezoning for Rancho de Mariana of approximately 67.8 acres of land located on the west side of Camino de Mariana, approximately one -half mile south of Tangerine Road (Lisa Shafer) A 2: Ordinance No. 2011.21: Relating to Development; approving a modification to the rezoning conditions of Ordinance 2007.01 (Lisa Shafer) ITEMS FOR DISCUSSION /POSSIBLE ACTION D 1: Legi /Intergovernmental 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 Regular Council Meeting - August 16, 2011 - Page 3 of 190 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 - August 16, 2011 - Page 4 of 190 A ANA 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, August 16, 2011, 7:00:00 PM To: Mayor and Council Item C 1 From: Suzanne Machain , Human Resources Director Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2011 -80: Relating to Personnel; amending the fiscal year 2011- 2012 classified salary schedule to change the title of the position of Technology Supervisor to Technology Manager Discussion: The attached resolution accomplishes an amendment to the Town's current FY 2011- 2012 Classified Salary Schedule in the Technology Services Department. A position title change from Technology Supervisor to Technology Manager will assist the Town to better attract qualified candidates in filling current vacancies. The salary grade for this classification will remain at the current grade level (22). Financial Impact: None. ATTACHMENTS: Name: Description: Type: D Resolution classified salary_schedule amend (00027496).DOC Resolution Resolution E] EX _A FY2011- 12 Classified_ Salary_Schedule.xls Classified Salary Schedule FY 2011 -2012 Exhibit Staff Recommendation: Staff recommends that the FY 2011 -2012 Classified Salary Schedule be amended to change the title for the position of Technology Supervisor to Technology Manager. Suggested Motion: I move to adopt Resolution No. 2011 -80; amending the fiscal year 2011 -2012 classified salary schedule to change the title of the position of Technology Supervisor to Technology Manager. Regular Council Meeting - August 16, 2011 - Page 5 of 190 MARANA RESOLUTION NO. 2011-80 RELATING TO PERSONNEL; AMENDING THE FISCAL YEAR 2011 -2012 CLASSIFIED SALARY SCHEDULE TO CHANGE THE TITLE OF THE POSITION OF TECHNOLOGY SUPERVISOR TO TECHNOLOGY MANAGER WHEREAS the Marana Town Code, Section 3 -3 -1, provides that the Town Council shall adopt a personnel system for classified employees of the Town; and WHEREAS on June 21, 2011, the Town Council adopted Resolution No. 2011 -67 approving a classified salary schedule for FY 2011 -2012; and WHEREAS the Town's Personnel Policies and Procedures, Policy 3 -3, provides that the Town Manager shall ensure the maintenance of the classification plan and that any amendments to the plan require the approval of the Town Council; and WHEREAS the Town Council finds that amending the Town's classification plan as set forth in this resolution is in the best interests of the Town and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Town of Marana hereby approves the amended classified salary schedule for fiscal year 2011 -2012, attached to and incorporated by this reference in this resolution as Exhibit A. SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to implement the amended classified salary schedule in Exhibit A. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 16`" day of August, 2011. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -August 16, 2011 -Page 6 of 190 {00027496.DOC /; EXHIBIT A TO MARANA RESOLUTION NO. 2011 -80 Town of Marana CLASSIFIED SALARY SCHEDULE* FY 2011 -2012 MUMEMOMENNOMMEMENEEMM Grade 10 $18,240 $22,800 $27,360 Annual 424 Document Imaging Clerk Nonexempt $1,520.00 $1,900.00 $2,280.00 Monthly 824 Recreation Aide Nonexempt $8.77 $10.96 $13.15 Hourly 410 Reproduction/Supply Clerk Nonexempt 446 Transcriptionist Nonexempt Grade 11 $20,064 $25,080 $30,096 Annual 412 Mail Carrier /Courier Nonexempt $1,672.00 $2,090.00 $2,508.00 Monthly 422 Office Support Assistant Nonexempt $9.65 $12.06 $14.47 Hourly 818 Recreation Center Attendant Nonexempt Grade 12 $22,072 $27,590 $33,108 Annual 408 Customer Service Specialist Nonexempt $1,839.33 $2,299.17 $2,759.00 Monthly 700 Laborer Nonexempt $10.61 $13.26 $15.92 Hourly 822 Recreation Assistant Nonexempt 820 Recreation Leader Nonexempt Grade 13 $24,280 $30,350 $36,420 Annual 420 Accounts Payable Clerk Nonexempt $2,023.33 $2,529.17 $3,035.00 Monthly 456 Court Clerk Nonexempt $11.67 $14.59 $17.51 Hourly 436 Customer Service Clerk Nonexempt 610 Engineering Assistant Nonexempt 414 Human Resources Technician Nonexempt Grade 14 $26,704 $33,380 $40,056 Annual 417 Accounting Clerk Nonexempt $2,225.33 $2,781.67 $3,338.00 Monthly 406 Administrative Secretary Nonexempt $12.84 $16.05 $19.26 Hourly 812 Court Security Guard Nonexempt 612 Facilities Technician Nonexempt 614 Fleet Technician I Nonexempt Grade 15 $29,376 $36,720 $44,064 Annual 404 Agenda & Records Clerk Nonexempt $2,448.00 $3,060.00 $3,672.00 Monthly 450 Court Collections Specialist Nonexempt $14.12 $17.65 $21.18 Hourly 454 Courtroom Specialist Nonexempt 438 Executive Assistant Nonexempt 702 Inmate Services Coordinator Nonexempt 416 Human Resources Coordinator Nonexempt 600 Maintenance Worker Nonexempt 430 Permit Clerk Nonexempt 418 Senior Accounting Clerk Nonexempt 616 Small Engine Mechanic Nonexempt 442 Utility Billing Specialist Nonexempt 528 Backflow Specialist Nonexempt Grade 16 $32,312 $40,390 $48,468 Annual 434 Development Coordinator Nonexempt $2,692.67 $3,365.83 $4,039.00 Monthly 336 Engineering Aide Nonexempt $15.53 $19.42 $23.30 Hourly 508 Fleet Technician 11 Nonexempt 500 Heating, Ventilating & Air Conditioning (HVAC) Technician Nonexempt 306 Planning Technician Nonexempt 304 Plans Review Technician Nonexempt 458 Project Coordinator Nonexempt 466 Recreation Programmer Nonexempt 526 Right of Way Inspector Nonexempt 428 Senior Permit Clerk Nonexempt 618 Signal Technician I Nonexempt 606 Utilities Operator I Nonexempt Grade 17 $35,544 $44,430 $53,316 Annual 472 Administrative Manager Exempt $2,962.00 $3,702.50 $4,443.00 Monthly 544 Acceptance Inspector Nonexempt $17.09 $21.36 $25.63 Hourly 314 Computer Technician Nonexempt 525 Construction Inspector Nonexempt Regular Council Meeting - August 16, 2011 - Page 7 of 190 EXHIBIT A TO MARANA RESOLUTION NO. 2011 -80 Town of Marana CLASSIFIED SALARY SCHEDULE* FY 2011 -2012 t e 534 Electric Pump & Well Technician Nonexempt 312 Geographic Information Systems (GIS) Technician Nonexempt 426 Legal. Assistant Nonexempt 602 Maintenance Coordinator Nonexempt 322 Real Property Acquisition Agent Exempt 402 Records & Elections Coordinator Exempt 460 Senior Administrative Assistant Nonexempt 604 Senior Maintenance Worker Nonexempt 704 Signs & Markings Technician Nonexempt 532 Water Quality Inspector Nonexempt 608 Utilities Operator II Nonexempt Grade 18 $39,096 $48,870 $58,644 Annual 518 Building Inspector I Nonexempt $3,258.00 $4,072.50 $4,887.00 Monthly 232 Contracts Analyst Exempt $18.80 $23.50 $28.19 Hourly 474 Council Liaison Exempt 242 Court Probation Monitor Nonexempt 200 Curation Specialist Exempt 710 Foreman Nonexempt 462 Grants & Housing Coordinator Exempt 514 Housing Rehabilitation Specialist Exempt 208 Human Resources Analyst Exempt 276 Management Assistant Exempt 214 Payroll Administrator Exempt 476 Recreation Coordinator Exempt 324 Senior Real Property Acquisition Agent Exempt 542 Signal Technician 11 Nonexempt 440 Special Events Coordinator Exempt 530 Utilities Line Inspector/Plan Reviewer Nonexempt Grade 19 $43,008 $53,760 $64,512 Annual 516 Building Inspector II Nonexempt $3,584.00 $4,480.00 $5,376.00 Monthly 540 Community Response Manager Nonexempt $20.68 $25.85 $31.02 Hourly 522 Code Enforcement Officer Nonexempt 400 Deputy Town Clerk Exempt 308 Engineering Technician Nonexempt 512 Facilities Maintenance Supervisor Exempt 252 Geographic Information Systems (GIS) Analyst Nonexempt 212 Management & Budget Analyst Exempt 520 Planner I Nonexempt 302 Plans Examiner Exempt 464 Police Telecommunications Supervisor Nonexempt 326 Risk Management & Safety Coordinator Exempt 210 Senior Accountant Exempt Grade 20 $47,312 $59,140 $70,968 Annual 220 Public Information Officer (PIO) Exempt $3,942.67 $4,928.33 $5,914.00 Monthly 234 Contract Administrator Exempt $22.75 $28.43 $34.12 Hourly 452 Court Supervisor Nonexempt 2.54 Database Analyst Nonexempt 226 Environmental Project Coordinator Exempt 316 Network Technician Nonexempt 708 Parks Supervisor Exempt 246 Planner II Exempt 470 Police Records Supervisor Nonexempt 236 Project Control Specialist Exempt 318 Public Safety Technology Specialist Nonexempt 216 Purchasing Coordinator Exempt 152 Senior Administrative Manager Exempt Regular Council Meeting - August 16, 2011 - Page 8 of 190 EXHIBIT A TO MARANA RESOLUTION NO. 2011 -80 Town of Marana CLASSIFIED SALARY SCHEDULE* FY 2011 -2012 e e 538 Signal Technician III Nonexempt 482 Utilities Services Supervisor Exempt 484 Utilities Production & Distribution Supervisor Exempt 268 Utilities Technology Analyst Nonexempt Grade 21 $52,040 $65,050 $78,060 Annual 230 Civil Engineer Exempt $4,336.67 $5,420.83 $6,505.00 Monthly 814 Crime Scene/Property & Evidence Supervisor Exempt 546 Facilities & Fleet Services Manager Exempt 172 Permit Center & Records Manager Exempt 164 Police Telecommunications Manager Exempt 206 Senior Human Resources Analyst Exempt 256 Senior Network Analyst Exempt 332 Software Engineer Exempt 300 Senior Plans Examiner Exempt 502 Superintendent Exempt 334 Utilities Coordinator Exempt Grade 22 $57,248 $71,560 $85,872 Annual 222 Associate Town Attorney Exempt $4,770.67 $5,963.33 $7,156.00 Monthly 176 Chief Building Inspector Exempt 238 Construction Manager Exempt 250 Employee Relations Administrator Exempt 328 Principle Plans Examiner Exempt 258 Senior Geographic Information Systems (GIS) Analyst Exempt 240 Technology Manager Exempt 266 Traffic Engineer Exempt Grade 23 $62,968 $78,710 $94,452 Annual 261 Assistant Town Attorney Exempt $5,247.33 $6,559.17 $7,871.00 Monthly 228 Capital Improvement Project (CIP) Manager Exempt 264 Cultural Resources Manager Exempt 330 Database Administrator Exempt 202 Economic Development Administrator Exempt 274 Finance Manager Exempt 204 Intergovernmental Affairs Administrator Exempt 244 Planner III Exempt 800 Police Lieutenant Exempt 333 Senior Software Engineer Exempt 150 Utilities Operations Manager Exempt Grade 24 $69,264 $86,580 $103,896 Annual 270 Construction Division Manager Exempt $5,772.00 $7,215.00 $8,658.00 Monthly 170 Court Administrator Exempt 160 Engineering Division Manager Exempt Grade'25 $76,192 $95,240 $114,288 Annual 158 Assistant Public Works Director Exempt $6,349.33 $7,936.67 $9,524.00 Monthly 148 Assistant Utilities Director Exempt 156 Assistant Planning Director Exempt 801 Police Captain Exempt 262 Senior Assistant Town Attorney Exempt 174 Traffic Division Manager Exempt Grade 26 $83,816 $104,770 $125,724 Annual 154 Deputy Town Attorney Exempt $6,984.67 $8,730.83 $10,477.00 Monthly *Excludes positions covered under the MPOA Memorandum of Understanding Effective July 1, 2011 * *Fair Labor Standards Act Amended August 16, 2011 Regular Council Meeting - August 16, 2011 - Page 9 of 190 r AAN 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, August 16, 2011, 7:00:00 PM To: Mayor and Council Item C 2 From: Lisa Shafer , Assistant Planning Director Strategic Plan Focus Area: Not Applicable Subject: R esolution No. 2011 -81: Relating to Development, approving a development plan for El Ganado Auto Center Discussion: Req Robert Page, Architect, on behalf of El Ganado Automotive Center, requests approval of a development plan for a tire and automotive repair center, also referred to as Jack Furrier Tire and Auto Center. Location The subject property is within the Continental Ranch Specific Plan area and is located at the northwest corner of the I -10 Eastbound Frontage Road (Casa Grande Highway) and Burlingame Road on Lot 2 of the Kohl's Retail Center plat. Zoning and L Use Designation The zoning for the site is F (Specific Plan- Continental Ranch). The land use designation is Freeway Commercial (C *). Proj Description The site contains a gross area of .79 acres (34,573 square feet); the proposed building floor area is 7,395 square feet with a proposed height of approximately 28 feet. The maximum height allowed by the specific plan is 39 feet. The project's total landscape coverage is 20% of the gross site area, exceeding the 10% minimum required. The building is designed in a southwest territorial style. The wall finishes are split face masonry and cement plaster with a clear anodized aluminum finish on the storefronts and overhead doors. A standing seam metal roof shades the south or front elevation at the storefront into the sales /waiting area. Colors and materials have been selected from the approved Arizona Pavilions approved color palette and the plan meets the adopted Town of Marana Commercial Design Standards. The Continental Ranch Architectural Review Committee has also reviewed and approved the proposed building and site layout. Transportation Access to the site will be provided from a private drive that is accessed from Burlingame Road or Regular Council Meeting -August 16, 2011 -Page 10 of 190 from within the circulation drives of the Kohl's Retail Center. The site will have one way circulation around the building with the vehicular traffic exiting the site via the access under the existing freeway sign. The egress has been reviewed and approved by Town Staff and Northwest Fire, and protective bollards will be located around the base of the sign to mitigate safety concerns and protect the sign from possible damage. Staff has reviewed the application for compliance with the Continental Ranch Specific Plan and the Land Development Code. The development plan is in conformance with all required development regulations ATTACHMENTS: Name: Description: Type: ❑ Resolution EI Ganado Auto Center DP.doc Resolution Resolution O Application.pdf El Ganado Application Backup Material O Location_Map.pdf El Ganado Location Map Backup Material O Color Elevations.pdf El Ganado Color Elevations Backup Material ❑ _Site Plan.pdf El Ganado Site Plan Backup Material Staff Recommendation: Staff recommends approval of the development plan for the El Ganado Auto Center. Commission Recommendation - if applicable: The Marana Planning Commission held a meeting on July 27, 2011, and voted unanimously to recommend that the Town Council approve the El Ganado Auto Center Development Plan. Suggested Motion: I move to adopt Resolution No. 2011 -81; approving the El Ganado Auto Center Development Plan. Regular Council Meeting - August 16, 2011 - Page 11 of 190 MARANA RESOLUTION NO. 2011 -81 RELATING TO DEVELOPMENT; APPROVING A DEVELOPMENT PLAN FOR El GANADO AUTO CENTER WHEREAS, Continental Ranch Development LLC, the owners of Lot 2 of the Kohl's Retail Center final plat, on behalf of El Ganado Automotive Center has applied for approval of a development plan for an automotive repair center on a .79 acre site, generally located at the northwest corner of the I -10 Eastbound Frontage Road (Casa Grande Highway) and Burlingame Road within a portion of Section 26, Township 12 South, Range 12 East; and WHEREAS, the Marana Planning Commission held a meeting on July 27, 2011, and at said meeting voted unanimously to recommend that the Town Council approve said development plan; and WHEREAS, the Town Council, at their regular meeting on August 16, 2011, has determined that the development plan for the El Ganado Auto Center should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the development plan for the El Ganado Auto Center is hereby approved. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 16 day of August, 2011. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regular Council Meeting - August 16, 2011 - Page 12 of 190 PIAININTiC, ENGOTERM APPUC A1°f N, #C 0 hrkdwy fut 0 HOW PW El G=W mc"m 0 cma"W use PWWt E] Rezoxwspecffic Pba 0 Auamfion P OLVKhCWpbn 0 NIWV O . . CUs [3 MhortmdDb"on O waWPIM OOdW { t Aswsw Parod 221 05 2570 49 1 Grea 1 Am (Aae/S ft) 0.79 Ac 1 34,572 SF cuffent Zoning a Freeway Commercial t . l Canado Auto Center Freeway Commercial pWjW I'Ma 3,051 N. Casa Grande Highway, Marana AZ $574 t New tire and auto service stare R;F Carrtinentai Ranch Development LLC 11975 O Camino Real Ste 205 San Diego 744- 5€ 0 744 -{ 749: [ argast swvp.com Gr Wexler 744 -8500 grea@swyy.com AWlicat Robert Pane ciW 2102 s m N. Count Club Rd - ucson A7 8571 629 -975 798334'1 pagearc @�co .net`. Robert Pa 629- 52 r a earth @cax.net 4 same as above e pt R costac r 7711 U ,Robert Pa2e ..; _ 11 . is Cutter jv#, . e , 2•MA , AZ 382- W -Fay 520) 39 -2641 155E PWOY. P 7 orf 7 t 't m 6t! Regular Council Meeting - August 16, 2011 - Page 13 of 190 On El Ganado Auto Center Development Plan CASE DPR -11016 TOWN" � z. . V- - 2A a f? ." M wai .\ t ` M it}SjeCi ' ©X7eCy .1, > \ M ` ���..h� 1 ��� t • �(}. .� R' ` iz ONA PA q ll f ' ,? 4• .: 2 � �� = � Request 0 220 aao ft. A request for approval of a development plan for El Ganado Auto Center, also known as Jack Furrier's Western Tire. L I Data Disclaimer: The Town of Marana provides this map information 'As Is' at the request of the user with the understanding that is not guaranteed to be accurate, correct or complete and conclusions drawn from such information are the responsibility of the user. In no event shall The Town of Marana become liable to users of these data, or any other party, for any loss or direct, indirect, special, incidental or consequential damages, including but not limited to time, money or goodwill, arising from the user Td'ti 5auncg %- Au q ust 16 2011 - Paci a 14 of 190 a D xg 'w f � c • \J G i s ]- _ _ � •� fir; xc 2 £ S F i r : g >E g\ 4 TP g m biz N p. f a d t I Him In .0 III " 41 lo -x =0 , s ate- m u I SO IIJ I nj Al t il l I Y :y a t! t k �i� 'U :�' „ �1t� �. lil - . —.vs P H '.a# 0a11 4 " a� I U a r + _ X it ZI Ut y j � . .: -i lizi Ell IS f e A fit .. Ak O m N , SI � rn as � a 'd a, U C 3 O U 3 L71 N r. ee ®ems MAR "A. =/ \" oe 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, August 16, 2011, 7:00:00 PM To: Mayor and Council Item C 3 From: Suzanne Machain , Human Resources Director Strategic Plan Focus Area: Not Applicable Subject: R esolution No. 2011 -82: Relating to Personnel; approving and adopting amendments to the Town's Personnel Policies and Procedures, revising Chapter 3 - Compensation, Policy 3 -8 "Holiday Pay" and Chapter 4 - Employment Benefits, Policy 4 -4 "Holidays" Discussion: The attached amendments to Chapter 3 and 4 of the Town's Personnel Policies and Procedures were discussed and considered during the August 9, 2011 Mayor and Council Study Session. At that time, the Mayor and Council directed staff to return the policy amendments for final adoption at the August 16, 2011 regular meeting. The amendments grant 10 hours of holiday pay to employees who regularly work a 10 hour shift. ATTACHMENTS: Name: Description: Type: ❑ Resolution_amendments_tp_Q ,lpters 3_ and _4_ (00027494). DOC Resolution Resolution ❑ Ex A Personnel Policies Chapter_3- draft holiday.DOC personnel Policy Chapter 3 Revisions Exhibit ❑ EX — B _ Personnel_Policies Chapter 4 -- draft_holiday.DOC Personnel Policy Chapter 4 Revisions Exhibit Staff Recommendation: Staff recommends approval of the policy amendments. Suggested Motion: I move to adopt Resolution No. 2011 -82; approving amendments to Chapters 3 and 4 of the Town's Personnel Policies and Procedures. Regular Council Meeting - August 16, 2011 - Page 19 of 190 MARANA RESOLUTION NO. 2011-82 RELATING TO PERSONNEL; APPROVING AND ADOPTING AMENDMENTS TO THE TOWN'S PERSONNEL POLICIES AND PROCEDURES, REVISING CHAPTER 3 -COMPENSATION, POLICY 3 -8 "HOLIDAY PAY" AND CHAPTER 4 — EMPLOYMENT BENEFITS, POLICY 4 -4 "HOLIDAYS" WHEREAS Section 3 -3 -3 of the Marana Town Code provides that the Town Council may adopt personnel rules, regulations and policies that follow the generally accepted principles of good personnel administration and which may be modified or changed from time to time; and WHEREAS the Town Council adopted Personnel Policies and Procedures via Town of Marana Ordinance 99.12 and Resolution 99 -38 on May 18, 1999; and WHEREAS Ordinance 99.12 and Resolution 99 -38 provide that the Town Council may amend and revise the Town's Personnel Policies and Procedures after any proposed amendments have been submitted to the Council for consideration at a previous Council meeting; and WHEREAS Town staff presented proposed amendments to the Town's Personnel Policies and Procedures at its August 9, 2011 meeting; and WHEREAS the Council finds that adoption of the amendments to the Town's Personnel Policies and Procedures is in the best interests of the Town and its employees. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. Chapter 3 of the Town's Personnel Policies and Procedures, entitled "Compensation," is hereby amended as set forth on Exhibit A attached to this resolution. SECTION 2. Chapter 4 of the Town's Personnel Policies and Procedures, entitled "Employment Benefits," is hereby amended as set forth on Exhibit B attached to this resolution. SECTION 3. The Town's manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the aforementioned amendments. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 16 day of August, 2011. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting - August 16, 2011 - Page 20 of 190 {00027494.DOC /} CHAPTER 3 RO` COMPENSATION Policy 3 -1 EMPLOYMENT SERVICE The Town of Marana's employment service is divided into classified service, unclassified service, term - limited temporary employment and short -term temporary employment. Employees in positions designated as classified service are governed by these Personnel Policies and Procedures. Employees in positions designated as unclassified service, term - limited temporary or short-term temporary are subject to these Personnel Policies and Procedures only where specifically noted herein or in the Marana Town Code. Non - employee positions, as defined by Title 3 of the Marana Town Code, are not subject to these Personnel Policies and Procedures. Section 3 -1 -1 Classified Service This category of employment is comprised of all regular full- and part-time employees of the Town who are employed in positions other than those designated in Title 3 of the Marana Town Code as unclassified, term - limited or short-term temporary. Section 3 -1 -2 Unclassified Service This category of employment is comprised of all employees of the Town who are employed in unclassified positions as designated in Title 3 of the Marana Town Code. Unclassified employees are part of a responsive management team that exists to carry out the goals and policies of the Town. Section 3 -1 -3 Term - Limited Temporary Employment This category of employment is comprised of temporary positions, with work related to a specific grant, capital improvement project, technology services project or other non - routine substantial body of work, for a term of six to 36 months. Section 3 -1-4 Short-Term Temporary Employment This category of employment is comprised of temporary positions for a time period that does not exceed six months or 1040 hours in a rolling 12 -month period. These positions are used to augment the workforce due to seasonal and other specific temporary workload needs that require additional staffing. 3 -1 Revised: December 7, 2010 January 16, 2009 June 19, 2007 EXHIBIT A TO MARANA RESOLUTION NO. 2011 -82 Regular Council Meeting - August 16, 2011 - Page 21 of 190 N CHAPTER 3 `_ COMPENSATION Policy 3 -2 POSITION STATUS Positions within the Town are generally designed for regular full -time employees. However, in certain functions and during some seasons, work schedules and Town needs may require the services of other than full -time employees. Section 3 -2 -1 Definitions The following definitions shall apply whenever these terms are used throughout these Personnel Policies and Procedures. A. At -will Employment: Employment that may be terminated upon the will of the employer or employee, at any time with or without cause. At -will employees do not have employment contracts, are not guaranteed any minimum length of employment, and do not have access to the personnel action review procedures set forth in Chapter 5 of these Personnel Policies and Procedures. B. Exempt Employees: Employees who devote most of their hours to activities that are managerial, administrative or professional. These employees are excluded from specific provisions of federal and state overtime wage and hour laws and are generally not entitled to overtime pay. C. Non - exempt Employees: Employees who devote most of their hours to activities that are not managerial, administrative or professional. These employees are entitled to overtime pay under the specific provisions of federal and state laws. D. Promotional Position: A position to which a current Town employee is promoted. To be considered a promotional position, the position must be in a classification assigned to a higher salary grade than the position that the employee originally served in. Section 3 -2 -2 Position Categories The Town employs personnel in a number of position categories including, but not limited to, the following. A. Regular Full -Time: A classified or unclassified employee hired for an indefinite period in a budgeted position for which the normal work schedule is at least 40 hours per week. To attain this status, the employee must successfully complete an initial evaluation period, as defined in these Personnel Policies and Procedures. Employees in this category are eligible for the Town's full benefits package. 3 -2 Revised: December 7, 2010 January 16, 2009 June 19, 2007 - EXHIBIT A TO MARANA RESOLUTION NO. 2011 -82 Regular Council Meeting - August 16, 2011 - Page 22 of 190 CHAPTER 3 COMPENSATION =/I\ B. Probationary Full -Time: A classified employee serving in an initial evaluation period. Employees serving in an initial evaluation period are at -will employees. Employees in this category are eligible for the Town's full benefits package. C. Regular Part-Time: A classified or unclassified employee hired for an indefinite period in a budgeted position for which the normal work schedule is at least 20 hours but less than 40 hours per week. To attain this status, the employee must successfully complete an initial evaluation period. Employees in this category are eligible for the Town's full benefits package. D. Probationary Part -Time: A classified employee working less than 40 hours per week, but more than 20 hours per week, who is serving in an initial evaluation period. Employees serving in an initial evaluation period are at -will employees. Employees in this category are eligible for the Town's full benefits package. E. Management/Administrative Intern: A short-term temporary employee who is regularly enrolled as a student in a recognized educational institution or special program for adults and /or seniors during the regular school year. Management/Administrative Interns are at -will employees. Employees in this category receive all legally mandated benefits provided by the Town, but are not eligible for paid leave or group insurance benefits or for any cash in lieu thereof. F. Executive Fellow: A term - limited temporary employee who is in his /her final segment of the regular school year or has graduated from an accredited college or university in a field directly related to local government management. An Executive Fellow is an at -will employee. Employees in this category are eligible for the Town's full benefits package. G. Seasonal Employee: A short-term temporary employee who works less than 1040 hours in a rolling 12 -month period. Seasonal employees are at -will employees. Employees in this category receive all legally mandated benefits provided by the Town, but are not eligible for paid leave or group insurance benefits or for any cash in lieu thereof. 3 -3 Revised: December 7, 2010 January 16, 2009 June 19, 2007 EXHIBIT A TO MARANA RESOLUTION NO. 2011-82 Regular Council Meeting - August 16, 2011 - Page 23 of 190 CHAPTER 3 ANA COMPENSATION Policy 3 -3 CLASSIFICATION PLAN The Town Manager shall ensure the preparation, development and maintenance of a classification plan consisting of descriptions of positions defined by essential duties, qualifications, knowledge, skills and abilities characteristic of the positions. Section 3 -3 -1 Purpose The classification plan shall be developed and maintained so that all positions substantially similar with respect to duties, responsibilities, authority and character of work are similarly classified and compensated, and positions substantially different in scope and complexity are appropriately classified and compensated. Section 3 -3 -2 Plan Amendment A. All amendments to the classification plan require the approval of the Town Council. Amendments shall be submitted to the Town Council through the Town Manager. B. The classification plan may be amended by ordinance, resolution, motion or adoption of the Town's annual budget. C. Any position not established by Title 9 of the Arizona Revised Statutes may be abolished by the Town Council Section 3 -3 -3 Position Classification A. Position classifications shall be maintained by the Human Resources Department for all regular full -time and regular part-time positions in the classified and unclassified service. B. Position classifications are descriptive only and are not restrictive in nature. The omission of specific duties from a position classification does not exclude those duties from the position if the work is related or a logical assignment to the position. Supervisors may assign different tasks to a position within a classification when the duties are similar in type and responsibility to those described in the classification description. C. The classification description does not constitute an employment agreement between the Town and employee and is subject to change as the needs of the Town and the requirements of the job change. 3-4 Revised: December 7, 2010 January 16, 2009 June 19, 2007 EXHIBIT A TO MARANA RESOLUTION NO. 2011 -82 Regular Council Meeting - August 16, 2011 - Page 24 of 190 CHAPTER 3 COMPENSATION D. When the duties or responsibilities of a position have changed significantly, the Town Manager will ensure that the position is reclassified accordingly. Section 3 -3-4 Position Classification Review Whenever a reorganization, change in job content or Town Council action causes the duties of a position to change or creates the need for a new position, or a position otherwise appears to have been incorrectly classified, the Town Manager may reclassify the position to a more appropriate classification. A. The Town Manager, in consultation with the Human Resources Director, shall establish an Administrative Directive outlining the process for review of a specific position classification and for review of the classification plan as a whole. B. If there has been a significant change or a gradual accretion of duties and responsibilities over the period of one year, an employee, a Department Head or the chain of authority above the level of Department Head may submit a written request to the Human Resources Department to determine if a review of the position is warranted. Such review shall require the completion of a position description questionnaire. C. When there is any substantial change, addition, or deletion to the duties assigned to a position, the Department Head or the chain of authority above the level of Department Head, where applicable will provide a completed position description questionnaire to the Human Resources Director. D. An employee whose position is reclassified will be transferred, promoted, demoted, or laid off in accordance with applicable provisions in these Personnel Policies and Procedures. If the reclassification results in a demotion, and if the employee remains in the reclassified position, then the employee will be considered to have taken a voluntary demotion. E. Implementation of a reclassification and any related pay change shall be prospective and is effective when the classification is approved by the Town Manager. Any pay increase, if applicable, shall be subject to the limits on pay increases that govern pay upon promotion. F. A position classification review decision is not subject to appeal under the personnel action review procedures set forth in Chapter 5 of these Personnel Policies and Procedures. 3 -5 Revised: December 7, 2010 January 16, 2009 June 19, 2007 EXHIBIT A TO MARANA RESOLUTION NO. 2011 -82 Regular Council Meeting - August 16, 2011 - Page 25 of 190 CHAPTER 3 �R MAR COMPENSATION to" Of Wx4m � . Policy 3 -4 COMPENSATION PLAN The total compensation program for the Town of Marana is comprised of salary/wages, benefits and other less tangible elements that are of value to employees such as the work environment, security, career opportunities and overall health. Each element plays a role in the Town's pay strategy. Section 3-4 -1 Total Pay Philosophy A. Salary: The Town provides pay opportunity (e.g. grades or steps) that is designed to provide managers flexibility and to provide at- or above - market median cash compensation to those employees who are strong performers and consistently make contributions to the Town's success. The market is regularly assessed to ensure that salary grades remain competitive. B. Market: The Town's market is defined as public and private sector employers similar to Marana in size and complexity and in locations where the Town looks to secure labor talent. C. Benefits: The Town's benefits in total are targeted to provide above average value to its employees. Each individual benefit program is designed to provide an employee with security in case of unforeseen events and for retirement. Section 3-4 -2 Compensation Plan /Salary Schedule Adjustments All general salary increases, market adjustments, pay for performance increases or other modifications to the compensation plan and /or salary schedule require the approval of the Town Council. Amendments and revisions shall be submitted to the Town Council through the Town Manager. Section 3-4 -3 No Right of Appeal The establishment of a compensation plan, including salary schedules, allocation of classifications to a specific salary grade, assignment of pay to an employee and changes or adjustments to the compensation plan, are not subject to appeal under the personnel action review procedures set forth in Chapter 5 of these Personnel Policies and Procedures, unless a change in pay is the result of a disciplinary action that is subject to the personnel action review procedures. 3 -6 Revised: December 7, 2010 January 16, 2009 June 19, 2007 EXHIBIT A TO MARANA RESOLUTION NO. 2011 -82 Regular Council Meeting - August 16, 2011 - Page 26 of 190 CHAPTER 3 COMPENSATION Policy 3 -5 PERFORMANCE MANAGEMENT The Town's performance management program relies on a system of establishing goals, strategies and performance benchmarks for the organization and then identifying how individual and team efforts contribute to the overall achievement of Town strategic objectives. Each employee is an important part of the Town's overall success in its mission to serve the citizens of Marana. An employee's performance is directly linked to his or her compensation. The Town Manager is responsible for establishing a systematic process for the ongoing evaluation of organizational and employee performance. At a minimum, this system will link to Town -wide goals and strategies, set appropriate expectations, share ongoing and timely feedback, provide opportunities for coaching and distinguish between levels of performance. The Human Resources Director shall be responsible for ensuring implementation of an employee performance management system. Section 3 -5 -1 Initial Evaluation Period The initial evaluation period is a period of time constituting the final step in the screening process for appointment to a regular full- or part-time classified service position. Employees shall be evaluated at least once during their initial evaluation period; however, managers and supervisors are encouraged to evaluate employees more often to provide ongoing feedback. A. Except for employees in the Police Department as otherwise provided in this section, all full- and part-time employees hired in a classified service position, laterally transferred to a classified service position in a different classification title or in a different department than the employee was in prior to transfer or demoted or promoted from one classified service position to another shall serve in an initial evaluation period for six months from the date of hire, transfer, demotion or promotion. However, an employee laterally transferred or demoted will not be required to complete an initial evaluation period in the new position if the employee has previously completed an initial evaluation period in the same classification and in the same department. B. All full- and part-time employees hired in a classified service position in the Police Department, laterally transferred within the Police Department to a classified service position in a different classification title than the employee occupied prior to transfer or demoted or promoted from one classified service position in the Police Department to another, shall serve in an initial evaluation period for 12 to 16 months from the date of hire, transfer, demotion or promotion as provided in this section, except that a demoted employee will not be required to complete an initial evaluation in the new position if the employee has previously completed an initial evaluation period in the same classification within the Police Department. 3 -7 Revised: December 7, 2010 January 16, 2009 June 19, 2007 EXMBIT A TO MARANA RESOLUTION NO. 2011-82 Regular Council Meeting - August 16, 2011 - Page 27 of 190 CHAPTER 3 MARANA COMPENSATION 1. Newly hired civilian employees, laterally transferred civilian and Arizona Peace Officer Standards and Training (AZPOST)- certified employees and promoted civilian and AZPOST- certified employees in the classified service in the Police Department shall serve in an initial evaluation period for 12 months from the date of hire, transfer or promotion. Demoted civilian and AZPOST- certified employees in the classified service in the Police Department who are required to serve in an initial evaluation period shall serve in an initial evaluation period for 12 months from the date of demotion. 2. Newly hired employees who will begin their employment with the Town by attending a police academy shall serve in an initial evaluation period for 16 months from the date of hire. C. Notwithstanding the provisions of this section, an employee who is demoted, promoted or transferred due to a reclassification of a position and who has been performing the duties of the reclassified position for six months or longer prior to the reclassification, will not be required to complete an initial evaluation period in the reclassified position. D. Employees who are required to complete an initial evaluation period pursuant to this section will not be considered finally appointed to a full- or part-time classified service position until successful completion of the initial evaluation period. Successful completion of the initial evaluation period is evidenced by a satisfactory or higher rating on a performance appraisal document which must be completed and reviewed at least one week prior to the date that the employee's initial evaluation period is scheduled to conclude. Notwithstanding the one -week time frame discussed in this paragraph, managers and supervisors shall review and discuss performance deficiencies with employees as soon as possible to allow the employee the opportunity to correct the deficiencies prior to the completion of the initial evaluation period. Employees serving in an initial evaluation period of 16 months shall be evaluated at least two times during the initial evaluation period, once at 12 months and once at the scheduled conclusion of the initial evaluation period. The Human Resources Department is responsible for maintaining records of employee appointments and promotions and the duration of initial evaluation periods. Department heads or the chain of authority above the level of Department Head, where applicable are responsible for ensuring that training, informal feedback about performance, and formal performance appraisals are completed in a timely manner during the initial evaluation period. E. Employees serving in an initial evaluation period are at -will employees as defined in these Personnel Policies and Procedures. As such, during the initial evaluation period, employment may be terminated at any time, with or without cause. The decision to 3 -8 Revised: December 7, 2010 January 16, 2009 June 19, 2007 EXHIBIT A TO MARANA RESOLUTION NO. 2011 -82 Regular Council Meeting - August 16, 2011 - Page 28 of 190 CHAPTER 3 -- ,,, COMPENSATION terminate employment shall be made by the employee's Department Head or the chain of authority above the level of Department Head, where applicable after consultation with and approval by the Human Resources Director. The employee must be notified in writing that he or she has failed to successfully complete the initial evaluation period prior to the conclusion of the initial evaluation period. If the employee is not notified of unsuccessful completion prior to the conclusion of the initial evaluation period, the employee will be considered to have successfully completed the initial evaluation period. The decision to terminate employment during the initial evaluation period is not subject to appeal under the personnel action review procedures set forth in Chapter 5 of these Personnel Policies and Procedures F. Notwithstanding that an employee serving an initial evaluation period as a lateral transfer or in a promotional position is an at -will employee, the employee who does not successfully complete the initial evaluation period in a transfer or promotional position may be restored to his or her former position. Such restoration is not mandatory, but is optional at the discretion of the Town and within the limits of available authorized positions. If an employee is restored to his or her former position, restoration shall include restoration of the employee's former pay and all other benefits to which he or she would have been entitled if the transfer or promotion had not occurred, except that any compensatory time that was paid out to an employee who transferred or promoted into an exempt position will not be restored if the employee returns to a non - exempt position. Section 3 -5 -2 Extension of the Initial Evaluation Period The Town may extend an employee's initial evaluation period if it is determined that more time is necessary to evaluate the performance of the employee. All extensions of the initial evaluation period shall be approved by the Department Head or the chain of authority above the level of Department Head, where applicable and the Human Resources Department. The employee shall receive a written notice of the extension no later than the last day of the initial evaluation period. If the employee is unavailable to receive such a notice in person, the Town shall send a letter to the last known address of the employee on file with the Human Resources Department. In either case, the date of the letter shall be deemed the effective date of the notice. A copy of the notice of extension will be forwarded to the Human Resources Department for inclusion in the employee's personnel file. Under no circumstances may the total time for the initial evaluation period exceed 24 months. The initial evaluation period may be extended under, but not limited to, the following circumstances. A. The employee has had a leave of absence during the initial evaluation period that exceeds 15 calendar days. 3 -9 Revised: December 7, 2010 January 16, 2009 June 19, 2007 EXHIBIT A TO MARANA RESOLUTION NO. 2011 -82 Regular Council Meeting - August 16, 2011 - Page 29 of 190 CHAPTER 3 COMPENSATION B. The employee's performance is not satisfactory, but the Department Head believes that with more time and supervision the employee may succeed in the position. In such cases, the Department Head shall develop a documented plan of action for improvement. C. Supervisor continuity is interrupted during the initial evaluation period. D. The work assigned to the employee's position is cyclical and the initial evaluation period did not provide an opportunity to adequately evaluate all aspects of an employee's performance. Section 3 -5 -3 Performance Management Process A. Classified employees who have completed the initial evaluation period and whose positions are not on a step pay plan shall receive a formal performance appraisal document once per year. This appraisal shall be for the performance period covering the prior fiscal year, beginning on July 1 and ending on June 30. B. Classified employees who have completed the initial evaluation period and whose positions are on a step pay plan shall receive a formal performance appraisal document once per year on the anniversary of the employee's completion of the initial evaluation period, except for those employees who serve an initial evaluation period of 16 months. For those employees who serve an initial evaluation period of 16 months, the employee shall receive a formal appraisal document once per year on the anniversary of the employee's date of hire. This appraisal shall be for the performance period covered during the prior year, from anniversary date to anniversary date. C. Department Heads or the chain of authority above the level of Department Head, where applicable and supervisors shall recommend an appropriate performance appraisal rating based on the Town's pay for performance guidelines. D. Opportunities for adjustments to pay based on performance are established by the Town Council each year as part of the annual budget process. The amount of funds available for merit increases are subject to economic conditions and the Town's ability to pay. E. If an employee disagrees with his or her performance appraisal document, the employee may request a meeting to discuss the appraisal with the Department Head within three working days of the employee's receipt of the performance appraisal document. If the Department Head prepared the employee's performance appraisal document, the employee may request a meeting with the appropriate person in the chain of authority 3 -10 Revised: December 7, 2010 January 16, 2009 June 19, 2007 EXHIBIT A TO MARANA RESOLUTION NO. 2011 -82 Regular Council Meeting - August 16, 2011 - Page 30 of 190 CHAPTER 3 COMPENSATION above the level of Department Head within the three -day time period. After the meeting, if the employee continues to disagree with the performance appraisal document, the employee may submit a written rebuttal which will be filed in the employee's personnel file in the Human Resources Department. Performance appraisals are not subject to appeal under the personnel action review procedures set forth in Chapter 5 of these Personnel Policies and Procedures. F. The final employee performance evaluation and the employee's written rebuttal, if any, shall become a permanent part of the employee's official personnel file and will remain filed for the length of time required by law. 3 -11 Revised: December 7, 2010 January 16, 2009 June 19, 2007 EXHIBIT A TO MARANA RESOLUTION NO. 2011-82 Regular Council Meeting - August 16, 2011 - Page 31 of 190 CHAPTER 3 COMPENSATION 1 Policy 3 -6 PAYROLL PROCEDURES Regular Town employees are paid biweekly. If a pay date falls on a holiday, the day of pay shall be the last working day preceding the normal pay date. There are 26 pay periods in the calendar year. Section 3 -6 -1 Time Sheets and Payroll Records A. All non - exempt employees shall complete time sheets documenting the number of hours worked, as well as any leave taken, in each pay period. The employee's direct supervisor shall sign the time sheet verifying the employee's hours worked and leave taken. If the employee used any leave time during the pay period, a leave authorization request shall be attached to the time sheet. The employee's department payroll liaison shall submit the time sheet to the Finance Department by the deadline established by Finance for each pay period. B. All exempt employees shall complete an attendance record which documents leave taken each pay period. The attendance record shall be signed by the employee's direct supervisor verifying any leave taken. Leave authorization requests shall also be signed by the exempt employee's supervisor and retained by the employee until the pay period in which the leave is taken. Leave authorization requests shall be attached to the attendance record and submitted to the Finance Department by the deadline established by Finance for each pay period. C. Payroll records shall be maintained by the Town in accordance with the Town's records retention schedule. D. The Finance Department is responsible for answering inquiries concerning payroll matters. The Finance Department and the Human Resources Department will work collaboratively to resolve pay inquiries in an expeditious manner. E. Falsification of time sheets, attendance records or leave authorization requests is grounds for disciplinary action, up to and including termination Section 3 -6 -2 Pay Checks A. Checks are distributed by the Finance Department to each department by noon on the Friday following the close of the pay period, unless that day is a Town- recognized holiday. If the distribution date falls on a Town - recognized holiday, the Finance Department shall select and coordinate an alternate distribution date. 3 -12 Revised: December 7, 2010 January 16, 2009 June 19, 2007 EXHIBIT A TO MARANA RESOLUTION NO. 2011 -82 Regular Council Meeting - August 16, 2011 - Page 32 of 190 CHAPTER 3 COMPENSATION B. With each pay check, employees receive a statement of earnings, deductions, leave balances and compensatory time balance for the period covered by the payment. C. In the absence of direct deposit, checks for those who are on leave on the regular pay date will be held by the Finance Department until the employee returns to work. D. An employee's pay check may be released to the employee's spouse, designated family member or to another person only if authorized in writing and in advance by the employee. E. Employees are expected to cash their pay checks on their personal time. Section 3 -6 -3 Payroll Deductions A. Mandatory deductions required by law shall be withheld from all employees' paychecks each pay period. These include, but are not limited to, state - mandated retirement contributions, federal income tax, state income tax, Social Security and Medicare (FICA) and any legal wage garnishment. B. Voluntary deductions require an employee's written authorization. Examples include, but are not limited to, direct deposit, deferred compensation, United Way contributions, dependent health insurance coverage and supplemental health insurance. Section 3 -6-4 Pay Advances The Town of Marana does not grant requests for pay in advance of the regular pay day. Section 3 -6 -6 Payroll Errors Occasionally, a payroll error will occur regarding an employee's wages. If an employee becomes aware of a payroll error, either an overpayment or an underpayment of wages, the employee shall provide written notice to the employee's supervisor and to the Finance Director or designee as soon as the employee becomes aware of the error. Likewise, the Finance Director or designee shall provide written notice to an employee of a payroll error as soon as the Finance Department becomes aware of the error. Once an error has been discovered, the Finance Department will initiate a correction as follows: A. If the employee has been underpaid due to an error made by the Finance Department, the Finance Department will run a special payroll as soon as practical. 3 -13 Revised: December 7, 2010 January 16, 2009 June 19, 2007 EXHIBIT A TO MARANA RESOLUTION NO. 2011-82 Regular Council Meeting - August 16, 2011 - Page 33 of 190 CHAPTER 3 - �f--L� COMPENSATION B. If the employee has been underpaid due to an error made by the employee or the department payroll liaison, the Finance Department will make the appropriate adjustment in pay at the next regular pay cycle. C. If the employee has been overpaid due to an error made by the employee, the department payroll liaison or the Finance Department, the employee will be required to reimburse the Town for the overpayment. The Finance Department will make every effort to establish a repayment schedule that meets the Finance Department's responsibility to recoup public funds in a timely manner and incorporates consideration for the employee's ability to repay. 3 -14 Revised: December 7, 2010 January 16, 2009 June 19, 2007 EXHIBIT A TO MARANA RESOLUTION NO. 2011-82 Regular Council Meeting - August 16, 2011 - Page 34 of 190 CHAPTER 3 All, A COMPENSATION t -_/ I Policy 3 -7 WAGES AND HOURS Section 3 -7 -1 Work Week The work week will generally consist of five days within a 40 hour week or as determined otherwise by the Town Manager. The Town Manager may establish alternative or flexible work schedules, but at no time shall those schedules interfere with the normal operations of the Town government. A work week generally begins every Saturday at 12:01 A.M. and ends the following Friday at 12:00 midnight. The Town Manager, the General Manager or the Department Head may stagger, rearrange and adjust the work hours of employees to enable the Town to keep offices open at all times required. A supervisor may require any employee to temporarily perform service in excess of 40 hours in a five day week when necessary to maintain Town operations. When such work is required, the overtime and compensatory time provisions in these Personnel Policies and Procedures and state and federal law shall apply. Section 3 -7 -2 Overtime Eligibility As part of the classification plan, the Human Resources Director shall evaluate the body of work for a position classification and determine if employees in that position classification are subject to the provisions of the Fair Labor Standards Act (FLSA). Position classifications shall either be exempt or non - exempt from the provisions of the FLSA, as defined in these Personnel Policies and Procedures and state and federal law. The Human Resources Director shall employ all evaluation techniques and methods prescribed by the FLSA for determining the overtime status of a position classification. The Human Resources Director is responsible for continually reviewing and updating the FLSA status of position classifications. All employees in unclassified positions are exempt from the FLSA, as being a part of a responsive management team. Section 3 -7 -3 Overtime and Compensatory Time It is the Town's policy to avoid the necessity of overtime whenever possible, but overtime work may be necessary to handle emergency situations and to meet seasonal or peak workload requirements of a critical nature. Department Heads and General Managers are responsible for the planning required to minimize the need for overtime. The provisions of this section apply only to non - exempt employees. A. Whenever a nonexempt employee is required to work more than 40 hours in a work week, the employee shall be compensated for the hours worked in excess of 40 at the rate of one and one -half times the employee's regular base rate of pay. In the 3 -15 Revised: December 7, 2010 January 16, 2009 June 19, 2007 EXHIBIT A TO MARANA RESOLUTION NO. 2011-82 Regular Council Meeting - August 16, 2011 - Page 35 of 190 CHAPTER 3 �`- MA RANA COMPENSATION alternative, the employee may take one and one -half hours of compensatory time off for each hour worked in excess of 40 hours in a work week. B. The employee shall designate whether he or she desires to receive pay at the rate of one and one -half the employee's regular base pay rate or compensatory time off at the time the overtime is documented on the payroll time sheet. An employee is not required to accept compensatory time in lieu of overtime pay unless the employee agrees to this arrangement before the employee performs the overtime work. C. Hours worked for purposes of calculation of overtime shall be defined as time on the job performing a responsible work assignment. D. Time shall begin once the employee is at the work station or at the call origination for emergencies. E. Vacation, sick, holiday and other leave shall not be considered time worked and shall be deducted from hours worked during overtime calculation for each work week. F. Hours actually worked on Town - approved holidays shall be included as hours worked for the purposes of calculating overtime in a work week. G. Pay for work beyond an employee's regularly scheduled work day or work week will be at the straight time hourly pay rate unless and until the employee has actually worked more than 40 hours in a work week. H. The Department Head or General Manager must specifically authorize the rendering of overtime services. Employees shall obtain such authorization prior to working any overtime, unless the overtime is deemed to be an emergency by the Department Head or General Manager. I. An employee's compensatory time balance must not exceed 80 hours. The Town Manager may make an exception to the accumulated compensatory time balance as recommended by the Department Head or General Manager. J. The following provisions apply to the use of compensatory time: 1. Compensatory time may not be used before it is accrued. 2. An employee must submit a written request in advance to use compensatory time. 3 -16 Revised: December 7, 2010 January 16, 2009 June 19, 2007 EXHIBIT A TO MARANA RESOLUTION NO. 2011-82 Regular Council Meeting - August 16, 2011 - Page 36 of 190 CHAPTER 3 MAR ANA COMPENSATION � � 3. Requests to use compensatory time will be approved unless the employee's absence during the period requested will unduly disrupt Town or department operations. 4. Compensatory time must be used during the calendar year in which it is accrued unless this is not feasible due to work demands. The employee may then request, and the Department Head or General Manager may approve, the carryover of a maximum of 40 hours of accrued compensatory time. 5. Compensatory hours that have been carried over must be used within the first quarter of the new calendar year. K. Payment for accrued but unused compensatory time is as follows: 1. Employees will be paid in the pay period that includes December 31 for all accrued compensatory time not carried over into the following year. 2. If an employee is terminated or otherwise separates from employment while in a non - exempt position, the employee will be paid for all accrued compensatory time. 3. If an employee is promoted into an exempt position, the employee will be paid for all accrued compensatory time prior to the effective date of the promotion at his or her rate of pay in the non - exempt position. L. Nothing in this policy shall be construed to contravene the provisions of the Fair Labor Standards Act (FLSA). Section 3 -7-4 Exempt Employees A. The overtime provisions of this policy shall not apply to employees whose positions have been determined to be exempt from the provisions of the FLSA. FLSA exempt employees are expected to work the hours necessary to satisfactorily perform their jobs. FLSA exempt employees may be required to work a specified schedule set by their supervisor. B. The Town prohibits any deductions from FLSA exempt employees' pay that are improper under the FLSA. If an FLSA exempt employee believes that an improper deduction has been made to his or her salary, the employee should immediately report this information to his or her direct supervisor, the Department Head or General Manager or to the Human Resources Director. The Town will promptly investigate reports of improper 3 -17 Revised: December 7, 2010 January 16, 2009 June 19, 2007 EXHIBIT A TO MARANA RESOLUTION NO. 2011 -82 Regular Council Meeting - August 16, 2011 - Page 37 of 190 CHAPTER 3 COMPENSATION WWOF I deductions. If the Town determines that an improper deduction has occurred, the Town will promptly reimburse the employee for the improper deduction. 3 -18 Revised: December 7, 2010 January 16, 2009 June 19, 2007 EXHIBIT A TO MARANA RESOLUTION NO. 2011 -82 Regular Council Meeting - August 16, 2011 - Page 38 of 190 CHAPTER 3 COMPENSATION Policy 3 -8 HOLIDAY PAY It is the policy of the Town to grant paid time off to eligible employees on the Town Council- approved holidays listed in Chapter 4 of these Personnel Policies and Procedures. However, if a non - exempt employee is required to work on a Town - approved holiday, the employee is also eligible for holiday pay. Section 3 -8 -1 Calculation of Holiday Pay A. Full -time non - exempt employees who are required to work on a Town - approved holiday shall be paid holiday pay for the number of hours they are regularly scheduled to work plus their regular rate of pay for time actually worked on the holiday. B. Part -time non - exempt employees who are required to work on a Town - approved holiday shall be compensated paid time for the holiday, prorated to the employee's normal work schedule, plus their regular rate of pay for time actually worked on the holiday. C. Holiday pay will be at the employee's regular base rate of pay unless the employee works more than 40 hours in the work week that includes the holiday. Hours in excess of 40 hours in the work week shall be compensated according to the overtime and compensatory rules set forth in this Chapter. Section 3 -8 -2 Exempt Employees FLSA exempt employees are expected to work the hours necessary to satisfactorily perform their jobs. Exempt employees will receive their normal rate of pay for the work week regardless of whether or not they work on a Town - approved holiday and regardless of whether they are on a standard or alternative work schedule. 3 -19 Revised: December 7, 2010 January 16, 2009 June 19, 2007 EXHIBIT A TO MARANA RESOLUTION NO. 2011 -82 Regular Council Meeting - August 16, 2011 - Page 39 of 190 CHAPTER 3 MA COMPENSATION I Policy 3 -9 ADJUSTMENTS TO PAY Section 3 -9 -1 Promotion A. The Town encourages succession planning to develop in -house talent for promotional opportunities. Generally, promotions are made using a competitive recruitment process. With sufficient justification and the approval of the Human Resources Director, a competitive recruitment process may be restricted to internal applicants or waived entirely for promotional opportunities. Internal candidates who are selected for a promotional position must possess all of the minimum qualifications for the position upon hire, unless the Human Resources Director or designee approves an exception that allows the employee to attain a particular certification or other requirement as a condition of successful completion of the initial evaluation period. B. Upon promotion, an employee shall receive a pay increase of five percent above the employee's regular base rate of pay prior to the promotion or to the minimum level of the salary grade for the promotional position, whichever is greater. In extenuating circumstances, the Town Manager or designee may consider additional pay at the time of promotion; however, in no circumstance shall the promoted employee's rate of pay exceed the salaries of incumbents in the same or similar positions. Section 3 -9 -2 Demotion A. An employee may move to a position in a lower classification due to reorganization, reclassification or reduction in force. In these situations, the employee's salary shall be reduced to an amount that does not exceed the maximum of the new salary grade. If the employee's salary in the higher classification does not exceed the rate of pay for the new salary grade, the employee's salary may remain unchanged upon the recommendation of the Human Resources Director and approval of the Town Manager or designee. B. An employee may move to a position in a lower classification due to performance issues or disciplinary action. In these situations, the employee's salary shall be reduced by the percentage difference between the mid -point of the higher classification salary grade and the mid -point of the lower classification salary grade. Section 3 -9 -3 Lateral Transfer A lateral transfer occurs when an employee transfers from one position to another position in the same salary grade. There shall be no change to the employee's salary for a lateral transfer. 3 -20 Revised: December 7, 2010 January 16, 2009 June 19, 2007 EXHIBIT A TO MARANA RESOLUTION NO. 2011 -82 Regular Council Meeting - August 16, 2011 - Page 40 of 190 N CHAPTER 3 MARA COMPENSATION _OWN S VAZANA Section 3 -9-4 Reclassification A. When a position is reclassified to a classification at a higher salary grade, employees in that position shall be eligible for the same pay increase as provided upon promotion. B. When a position is reclassified to a classification at a lower salary grade, the salaries of employees in that position may be "frozen" or "redlined" until the employees' salaries are at or below the top of the salary grade for the new classification. Salaries shall only be frozen or redlined upon the recommendation of the Human Resources Director and approval of the Town Manager or designee. When salaries are frozen or red -lined due to a reclassification to a lower classification, employees may only receive lump sum performance awards until their salary is at or below the top of the salary grade for the new classification. C. When a position is reclassified to a classification at the same salary grade, the salaries of employees in that position will ordinarily not change. However, the Department Head or General Manager may recommend a change in salary grade to the Human Resources Director in order to address an extraordinary circumstance. The Human Resources Director shall review the recommendation and then make a recommendation to the Town Manager. The Town Manager's decision is final and is not subject to appeal under the personnel action review procedures set forth in Chapter 5 of these Personnel Policies and Procedures. Section 3 -9 -5 Effective Date of Pay Changes A. Changes in pay rate, benefits, classification, working conditions and employment status shall be documented on a Personnel Action Form (PAF) signed by the Department Head, the chain of authority above the level of Department Head, where applicable, the Human Resources Director, the Finance Director and the Town Manager or designee. The PAF shall be made a part of the employment history record of the employee. No change to an employee's pay rate, benefits, classification, working conditions or employment status shall be implemented unless accompanied by an approved PAF. B. Unless otherwise specified in these Personnel Policies and Procedures or by Town Council action, the effective date of adjustments to pay shall be the first day of the next pay period after the adjustment is made. Adjustments to pay for employees on unpaid leaves of absence shall be implemented upon the employee's return to work. 3 -21 Revised: December 7, 2010 January 16, 2009 June 19, 2007 EXHIBIT A TO MARANA RESOLUTION NO. 2011 -82 Regular Council Meeting - August 16, 2011 - Page 41 of 190 CHAPTER 3 COMPENSATION /ice TO" Of MARAWA Section 3 -9 -6 Special Assignment Pay A. Special assignment pay may be provided to employees who are engaged in one of the following activities: 1. Working out -of- classification in a higher level classification 2. Performing additional duties outside of the scope of the employee's regular classification for a limited period of time, such as assuming some or all of the responsibilities of a vacant position 3. Serving in a lead or supervisory role when the employee's regular position does not require lead or supervisory responsibilities B. Special assignment pay begins when the employee is assigned the additional duties or begins working out of classification. C. Special assignment pay shall normally be at the rate of five percent of the employee's regular base rate of pay. If an employee assumes the full responsibilities of a vacant position in a higher classification, special assignment pay shall be at the rate of five percent of the employee's regular base rate of pay unless this increase does not raise the employee's salary to the minimum salary for the higher classification. In that case, the employee's salary shall be raised to the minimum of the higher salary grade. Additionally, the Human Resources Director may recommend special assignment pay of up to 10 percent of the employee's regular base rate of pay in extenuating circumstances. D. The Department Head or the chain of authority above the level of Department Head, where applicable must request special assignment pay in writing. All special assignment pay must be approved by the Human Resources Director and the Town Manager or designee. Special assignment pay shall be approved in six month increments, not to exceed a total of one year. E. Any increases to base pay that are made while an employee is receiving special assignment pay, such as pay for performance awards, general increases or market adjustments, shall be calculated using the employee's regular base rate of pay before the application of the special assignment pay. The special assignment pay may be recalculated after increases are added to the employee's base rate of pay. 3 -22 Revised: December 7, 2010 January 16, 2009 June 19, 2007 EXHIBIT A TO MARANA RESOLUTION NO. 2011 -82 Regular Council Meeting - August 16, 2011 - Page 42 of 190 CHAPTER 3 NA COMPENSATION Section 3 -9 -7 Call -Out Pay When a non- exempt employee is called back to regular duty more than one hour after leaving Town facilities at a time other than the employee's regular assigned shift, to perform unscheduled duties which are in excess of the employee's regular hours of work, the employee will receive a minimum of two hours pay each time called out, or the actual time worked, whichever is greater. Calculation of the actual hours worked shall begin at the time of the call -out and shall include travel time to and from the place the employee is directed to report to work. The Department Head or designee or the chain of authority above the level of Department Head, where applicable must authorize all call outs. Section 3 -9 -8 On -Call /Stand -By Assignments; On -Call /Stand -By Pay The Town Manager may designate certain non - exempt positions as eligible to receive on -call and /or stand -by pay based on the need for 24 hours per day, 7 days per week coverage and emergency response requirements. Department Heads or those in the chain of authority above the level of Department Head who have such positions in their chain -of- command shall determine the length, duration and rotation of on -call or stand -by assignments. The rate of pay for on -call and stand -by assignments shall be determined by the Town Manager based on budget capacity with consideration given to the rates paid for comparable assignments in other jurisdictions that make up the Town's market for the purposes of surveying pay and benefits. Section 3 -9 -9 Shift Differential Pay Shift differential pay shall be provided to non - exempt employees for any hours worked between 6:00 p.m and 6:00 a.m. Shift differential pay is an hourly amount added to the employee's regular base rate of pay. Shift differential pay shall be determined by the Town Manager based on budget capacity with consideration given to the shift differential rates paid in other jurisdictions that make up the Town's market for the purposes of surveying pay and benefits. 3 -23 Revised: December 7, 2010 January 16, 2009 June 19, 2007 EXHIBIT A TO MARANA RESOLUTION NO. 2011 -82 Regular Council Meeting - August 16, 2011 - Page 43 of 190 . . Ak CHAPTER 3 COMPENSATION Policy 3 -10 EMERGENCY CLOSURES Emergencies such as severe weather, fires, power failures or floods can disrupt Town operations and may require the closing of a work facility. Closing of a work facility is at the sole discretion of the Mayor, Town Council or Town Manager. In the event that an emergency occurs during non - working hours, Department Heads or those in the chain of authority above the level of Department Head will be responsible for notifying the affected employees. Section 3 -10 -1 Pay During Emergency Closures A. When operations of the Town or any part of the Town are officially closed due to emergency conditions, the time off from scheduled work will be paid. B. Employees in essential operations may be asked to work because of emergency conditions on a day when non - essential operations are officially closed. If the hours worked are within the normally scheduled work day and work schedule, the employee will receive the regular base rate of pay. Any hours actually worked during an emergency closure shall be included as hours worked for the purposes of calculating overtime in a work week. 3 -24 Revised: December 7, 2010 January 16, 2009 June 19, 2007 EXHIBIT A TO MARANA RESOLUTION NO. 2011 -82 Regular Councii Meeting - August 16, 2011 - Page 44 of 190 CHAPTER 3 .......... � COMPENSATION Policy 3 -11 VEHICLE ALLOWANCE/TAKE -HOME VEHICLES The Town Manager may authorize a monthly vehicle allowance or the use of a Town take -home vehicle for certain employees. The Town Manager shall take into consideration the amount and type of local travel required of a position when granting a vehicle allowance or providing a Town take -home vehicle. Section 3 -11 -1 Unclassified Employees A. The Town Manager may provide a vehicle allowance or take -home vehicle to unclassified employees to compensate them for required frequent travel to meetings and work assignments throughout the Town and Pima County. B. The Town Manager may authorize the use of a Town take -home vehicle in lieu of a monthly vehicle allowance for an unclassified employee when using a Town vehicle results in operational efficiencies. In authorizing a Town take -home vehicle, the Town Manager shall take into consideration whether the employee must be routinely available for immediate emergency response, routinely carries and accesses Town equipment in the course of travel or routinely accesses areas that may be restricted to Town vehicles. Section 3 -11 -2 Classified Employees The Town Manager may authorize the use of a Town take -home vehicle for a classified employee when using a Town vehicle results in operational efficiencies. In authorizing a Town take -home vehicle, the Town Manager shall take into consideration whether the employee must be routinely available for immediate emergency response, routinely carries and accesses Town equipment in the course of travel or routinely accesses areas that may be restricted to Town vehicles. Section 3 -11 -3 Vehicle Allowance A. The Town Manager shall establish monthly vehicle allowance rates within Town Council - approved budgetary limits. B. Employees who receive a monthly vehicle allowance may not use a Town vehicle as a take -home vehicle and may not request mileage reimbursement for local travel within a one -way direction of 25 miles from the employee's regular work location. 3 -25 Revised: December 7, 2010 January 16, 2009 June 19, 2007 EXHIBIT A TO MARANA RESOLUTION NO. 2011-82 Regular Council Meeting - August 16, 2011 - Page 45 of 190 CHAPTER 3 MAR ANA COMPENSATION Section 3 -11-4 Take -Home Vehicles A Town employee who is authorized the use of a Town take -home vehicle may not receive a vehicle allowance during the same time period. 3 -26 Revised: December 7, 2010 January 16, 2009 June 19, 2007 EXHIBIT A TO MARANA RESOLUTION NO. 2011 -82 Regular Council Meeting - August 16, 2011 - Page 46 of 190 "AL CHAPTER 3 °- COMPENSATION Policy 3 -12 RELOCATION AND INTERVIEW EXPENSES Section 3 -12 -1 Relocation Expenses A. The Town Manager, in his or her sole discretion, may authorize reimbursement of relocation expenses for a newly hired unclassified employee in an amount of up to $5,000. B. Reimbursement of relocation expenses shall be a one -time reimbursement, limited to the cost of moving furniture and personal effects from the employee's current home to his or her new home. C. The reimbursement shall be treated as income to the employee. D. The relocation and reimbursement of expenses must occur within the 12 -month period following the unclassified employee's hire date. E. Unclassified employees who are offered and accept reimbursement of relocation expenses shall be required to sign an agreement as part of an initial offer of employment letter indicating acceptance of all the terms of the relocation expense reimbursement. Section 3 -12 -2 Interview Expenses In an effort to attract and consider candidates with exceptional qualifications, and to ensure a competitive interview pool, the Town Manager may, in his or her sole discretion, authorize payment of travel expenses to and from an interview process at the Town of Marana for a vacant, unclassified position. Only transportation and lodging expenses shall be considered for reimbursement. 3 -27 Revised: December 7, 2010 January 16, 2009 June 19, 2007 EXHIBIT A TO MARANA RESOLUTION NO. 2011 -82 Regular Council Meeting - August 16, 2011 - Page 47 of 190 CHAPTER 3 A COMPENSATION MAW (* MARWA l Policy 3 -13 CONFLICT WITH MEMORANDUM OF UNDERSTANDING Section 3 -13 -1 Conflict with Memorandum of Understanding If any of the provisions of this Chapter conflict with the provisions of any memorandum of understanding between the Town of Marana and a designated public safety employee organization, as referenced in Title 4 of the Marana Town Code, the memorandum of understanding shall govern for those positions that are subject to the provisions of the memorandum of understanding. 3 -28 Revised: December 7, 2010 January 16, 2009 June 19, 2007 EXHIBIT A TO MARANA RESOLUTION NO. 2011 -82 Regular Council Meeting - August 16, 2011 - Page 48 of 190 CHAPTER 4 EMPLOYMENT BENEFITS Policy 4 -1 VACATION LEAVE The Town of Marana provides vacation leave with pay to eligible employees. Section 4 -1 -1 Eligibility Regular full- and part -time employees, including those serving in an initial evaluation period, and term - limited temporary employees are eligible to earn vacation leave as described in this policy. Section 4 -1 -2 Accumulation of Vacation Leave A. Eligible employees shall begin to accrue vacation leave on their effective date of hire. The effective date of hire for police officer recruits is when they begin attendance at a police academy. B. An employee on any leave of absence without pay shall not accumulate vacation leave during the unpaid leave. C. Vacation leave accumulation is cumulative, up to the maximum number of hours permitted by this policy. Section 4 -1 -3 Rate of Accumulation A. Eligible full -time employees shall accumulate paid vacation leave at the rate shown in the following schedule: Va;at1 0.ccrual'Rate Length of Service Vacation Days Each Year 0 to 5 years 10 days (3.08 hrs per pay period) > 5 - 10 years 15 days (4.62 hrs per pay period) > 10 years 20 days (6.15 hrs per pay period)) B. Eligible part -time employees shall accumulate a prorated amount of vacation leave each pay period based on the number of hours per week that they are officially scheduled to work. C. For purposes of determining length of service, the year noted begins on the day after the preceding anniversary. For example, an employee shall be employed for greater than 4 -1 Revised: January 5, 2010 January 16, 2009 January 17, 2006 November 18, 2003 September 19, 2000 EXHIBIT B TO MARANA RESOLUTION NO. 2011 -82 Regular Council Meeting - August 16, 2011 - Page 49 of 190 CHAPTER 4 MARANA EMPLOYMENT BENEFITS V ( >) five years on the day after the employee's fifth anniversary; therefore, the employee shall begin earning at the higher accrual rate as of that date. D. Military leave shall be credited toward an employee's length of service for purposes of vacation leave accumulation. E. Notwithstanding the provisions of this section, as an incentive to recruit key employees, upon hiring an employee in an unclassified position, the Town Manager may negotiate a vacation accrual rate in excess of the initial vacation accrual rate specified in this section. However, in no event shall the Town Manager negotiate a vacation accrual rate of more than 4.62 hours per pay period. Section 4 -1-4 Maximum Accumulated Hours Permitted A. An employee's accumulated vacation leave balance shall not be permitted to exceed 240 hours. Therefore, employees shall not be credited for vacation leave in excess of 240 hours. Employees who are approaching the 240 hour cut -off shall be notified by the Finance Department of their vacation leave balance and given the opportunity to request vacation leave before vacation leave hours are forfeited. B. The Town Manager may approve an exception to this provision under exceptional circumstances. Section 4 -1 -5 Request for Vacation Leave A. Eligible employees may request to use vacation leave after 180 days of employment. B. Employees shall submit vacation leave requests to their supervisor before taking any time off. Requests will be reviewed based on a number of factors, including Town needs and staffing requirements. Section 4 -1 -6 Vacation Leave Pay Vacation leave shall be paid at the employee's base rate of pay at the time of the leave. Vacation leave pay shall not include overtime or any adjustments to pay such as shift differential or special assignment pay. Section 4 -1 -7 Payment of Vacation Leave Upon Termination of Employment A. Upon termination of employment, employees shall be paid at their base rate of pay for any unused accumulated vacation leave earned through the last day of work. 4 -2 Revised: January 5, 2010 January 16, 2009 January 17, 2006 November 18, 2003 September 19, 2000 EXHIBIT B TO MARANA RESOLUTION NO. 2011 -82 Regular Council Meeting - August 16, 2011 - Page 50 of 190 CHAPTER 4 MAC A , EMPLOYMENT BENEFITS B. This policy shall not apply if the Town Manager determines that the employee's termination is the result of gross misconduct. 4 -3 Revised: January 5, 2010 January 16, 2009 January 17, 2006 November 18, 2003 September 19, 2000 EXHIBIT B TO MARANA RESOLUTION NO. 2011 -82 Regular Council Meeting - August 16, 2011 - Page 51 of 190 CHAPTER 4 EMPLOYMENT BENEFITS Policy 4 -2 SICK LEAVE The Town of Marana provides sick leave with pay to eligible employees. Section 4 -2 -1 Eligibility Regular full- and part -time employees, including those serving in an initial evaluation period, and term - limited temporary employees are eligible to earn sick leave as described in this policy. Section 4 -2 -2 Accumulation of Sick Leave A. Eligible employees begin to accrue sick leave on their effective date of hire. The effective date of hire for police officer recruits is when they begin attendance at a police academy. B. An employee on any leave of absence without pay shall not accumulate sick leave during the unpaid leave. C. Sick leave shall accumulate without limit. Section 4 -2 -3 Rate of Accumulation A. Eligible full -time employees shall accumulate sick leave . at the rate of 3.08 hours per pay period. B. Eligible part-time employees shall accumulate a prorated amount of sick leave each pay period based on the number of hours per week that they are officially scheduled to work. Section 4 -2-4 Permitted Uses A. Eligible employees may use sick leave after 30 days of employment. B. Sick leave is intended solely to provide income protection in the event of illness or injury. Eligible employees shall be permitted to use sick leave for the following reasons: 1. Personal illness, disease or injury and travel time to and from a physician's office 2. Medical conditions that prevent the employee from performing assigned tasks 3. Surgical, medical, dental or optical treatments, examinations or fittings that must be made during working hours 4-4 Revised: January 5, 2010 January 16, 2009 January 17, 2006 November 18, 2003 September 19, 2000 EXHIBIT B TO MARANA RESOLUTION NO. 2011 -82 Regular Council Meeting - August 16, 2011 - Page 52 of 190 CHAPTER 4 M ARANA EMPLOYMENT BENEFITS l 4. Illness of immediate family member and related travel time to and from a physician's office. For purposes of this policy, the immediate family shall consist of the spouse, children, parents, grandparents, brothers, sisters or other individuals whose relationship to the employee is that of a dependent. A relative who, because of family circumstances, has been a parent substitute to the employee may be considered the mother or father in this definition. Section 4 -2 -5 Notification to Supervisor A. Employees who are unable to report to work due to illness or injury shall notify their direct supervisor before the scheduled start of their work day. B. The direct supervisor must also be contacted on each additional day of absence unless the employee is on FMLA leave or has notified the supervisor in advance of the number of days the employee will be absent. Section 4 -2 -6 Medical Verification A. If an employee is absent for three or more consecutive days due to illness or injury, the employee's supervisor or Department Head may request a statement from a licensed health care provider verifying the existence of the illness or injury and its beginning and expected ending dates. B. If an employee exhibits an unusual pattern of sick leave absences, such as recurring Monday and /or Friday absences or recurring absences the day immediately preceding and /or immediately following a Town - approved holiday, the employee's supervisor or Department Head may require a statement from a licensed health care provider verifying the need for the sick leave absence. The supervisor or Department Head may require the verification as a condition to receiving sick leave pay and /or to authorize that the employee may safely return to work. C. If the employee's Department Head determines that the verification provided by the employee is inadequate, the absence may be charged to another category of leave or considered leave without pay. D. The employee's department shall forward medical verification statements to the Human Resources Department. 4 -5 Revised: January 5, 2010 January 16, 2009 January 17, 2006 November 18, 2003 September 19, 2000 EXHIBIT B TO MARANA RESOLUTION NO. 2011 -82 Regular Council Meeting - August 16, 2011 - Page 53 of 190 CHAPTER 4 MA EMPLOYMENT BENEFITS Section 4 -2 -7 Additional Conditions of Eligibility A. As an additional condition of eligibility for sick leave benefits, an employee on an extended leave must apply for any other available compensation and benefits that the employee may be eligible to receive, such as Worker's Compensation or disability insurance coverage. B. Sick leave benefits may be used to supplement any payments that an employee is eligible to receive from Worker's Compensation or any disability insurance programs paid for by the Town. C. The combination of any such disability payments and Town -paid sick leave benefits shall not exceed the employee's normal weekly earnings. Section 4 -2-8 No Sick Leave Available An employee who has a non -work related illness or injury and has exhausted accumulated sick leave may request administrative leave without pay. Section 4 -2 -9 Transfer of Sick Leave Hours to Vacation Leave A. If an eligible employee who has successfully completed the initial evaluation period uses less than 16 hours of sick leave during a calendar year, the employee may submit a request to transfer the unused portion of the 16 hours, up to a maximum of 16 hours, to vacation leave. B. The employee must request the transfer in writing to the Finance Department by the deadline set by the Finance Department. If an employee does not request the transfer, the hours will not automatically be transferred. C. Hours not transferred shall remain in the employee's sick leave balance each calendar year until they are approved for use in accordance with the sick leave policies in this chapter. D. The employee's request to transfer sick leave hours to vacation leave shall be denied by the Finance Department if the transferred hours would cause the employee's accumulated vacation leave to exceed the maximum vacation leave hours allowed under this chapter. 4 -6 Revised: January 5, 2010 January 16, 2009 January 17, 2006 November 18, 2003 September 19, 2000 EXHIBIT B TO MARANA RESOLUTION NO. 2011-82 Regular Council Meeting - August 16, 2011 - Page 54 of 190 CHAPTER 4 M' ANA, EMPLOYMENT BENEFITS Section 4 -2 -10 Payment of Sick Leave Upon Termination of Employment A. Employees shall not be compensated for unused accumulated sick leave upon termination of employment. B. Unused accumulated sick leave shall be reinstated for an employee who is laid off if the employee accepts re- employment with the Town within two years of the date of layoff. 4 -7 Revised: January 5, 2010 January 16, 2009 January 17, 2006 November 18, 2003 September 19, 2000 EXHIBIT B TO MARANA RESOLUTION NO. 2011 -82 Regular Council Meeting - August 16, 2011 - Page 55 of 190 CHAPTER 4 A EMPLOYMENT BENEFITS Policy 4 -3 PERSONAL LEAVE The Town of Marana provides personal leave with pay to eligible employees. Section 4 -3 -1 Eligibility Regular full- and part -time employees, including those serving in an initial evaluation period, and term - limited temporary employees are eligible for personal leave as described in this policy. Section 4 -3 -2 Amount of Personal Leave A. Eligible full -time employees shall receive 16 hours of personal leave each calendar year. B. Eligible part -time employees shall receive a prorated amount of personal leave each calendar year based on the number of hours per week that they are officially scheduled to work. C. As an incentive to recruit and retain key employees, the Town Manager may, upon hiring or in connection with an annual performance evaluation, grant additional personal leave, up to an additional 40 hours per calendar year, to employees in the following categories. 1. Deputy or Assistant Town Managers 2. General Managers 3. Department Heads 4. Deputy or Assistant Department Heads with management responsibilities including supervision of staff D. If the Town Manager grants additional personal leave to an employee pursuant to paragraph C of this section, the additional leave shall be granted to the employee for subsequent calendar years unless and until the Town Manager, in his or her sole discretion, determines that the employee's performance and /or workload no longer justify the granting of additional personal leave. The Town Manager's decision regarding personal leave is not subject to review under the personnel action review procedures set forth in Chapter 5 of these Personnel Policies and Procedures. Section 4 -3 -3 Request for Personal Leave A. Eligible employees may request to use personal leave after 30 days of employment. 4 -8 Revised: January 5, 2010 January 16, 2009 January 17, 2006 November 18, 2003 September 19, 2000 EXHIBIT B TO MARANA RESOLUTION NO. 2011 -82 Regular Council Meeting - August 16, 2011 - Page 56 of 190 CHAPTER 4 M A EMPLOYMENT BENEFITS B. Employees shall submit personal leave requests to their supervisor before taking any time off. Requests will be reviewed based on a number of factors, including Town needs and staffing requirements. Section 4 -3-4 No Accumulation Personal leave does not accumulate and is forfeited if not used within the calendar year that it is received. Section 4 -3 -5 Termination of Employment Employees shall not be compensated for unused accumulated personal leave upon termination of employment. 4 -9 Revised: January 5, 2010 January 16, 2009 January 17, 2006 November 18, 2003 September 19, 2000 EXHIBIT B TO MARANA RESOLUTION NO. 2011 -82 Regular Council Meeting - August 16, 2011 - Page 57 of 190 CHAPTER 4 H A R ANA EMPLOYMENT BENEFITS Policy 4-4 HOLIDAYS The Town of Marana provides paid time off to eligible employees for Town Council- approved holidays. Regular Town operations are officially closed during these approved holidays. Section 4-4 -1 Eligibility Regular full- and part-time employees, including those serving in an initial evaluation period, and term - limited temporary employees are eligible for paid time off on holidays as described in this policy. Section 4-4 -2 Town - Approved Holidays A. The Town - approved holidays for each calendar year are as follows. 1. New Year's Day (January 1) 2. Martin Luther King, Jr. /Civil Rights Day (third Monday in January) 3. Presidents' Day (third Monday in February) 4. Memorial Day (last Monday in May) 5. Independence Day (July 4) 6. Labor Day (first Monday in September) 7. Veterans' Day (November 11) 8. Thanksgiving Day (fourth Thursday in November) 9. Day after Thanksgiving (fourth Friday in November) 10. Christmas Day (December 25) B. The Town Council, at its sole discretion, may approve additional holidays in any calendar year. Section 4-4 -3 Amount of Paid Time Off for Town - Approved Holidays A. Eligible full -time employees shall receive eight hsUFs paid time off on Town - approved holidays based on the number of hours they are regularly scheduled to work Eligible full tkne empleyees- whe work weFk 6Ghedule with wqFk day6 1 9RqeF than eight hows 6hall reGe"ve eight hour-6 paid time off for the Temm appFeved holiday and must urbe -an-n-F-Wed- van--atien, per-Sena! 9F GOmpen6ateFy leaVe OF leave witheut pay fGF the hews i R the afternative work day that eXGeed eight hows. G-.B. Eligible part-time employees shall receive a prorated amount of paid time off on Town- approved holidays based on the number of hours per week that they are officially scheduled to work. 4 -10 Revised: January 5, 2010 January 16, 2009 January 17, 2006 November 18, 2003 September 19, 2000 EXHIBIT B TO MARANA RESOLUTION NO. 2011-82 Regular Council Meeting - August 16, 2011 - Page 58 of 190 CHAPTER 4 . EMPLOYMENT BENEFITS Section 4-4-4 Miscellaneous Rules A. If a Town - approved holiday falls on a day when an eligible employee is on approved paid vacation, personal or sick leave, the employee shall receive paid time off for the Town - approved holiday and deductions will not be taken from the employee's vacation, personal or sick leave balances for that day. B. If a Town - approved holiday falls on an eligible employee's regularly scheduled day off, the employee shall receive ef^"��,s paid time off for that holiday based on the number of hours they are regularly scheduled to work. Section 4-4 -5 Exception An employee who is in an unpaid status on the day immediately preceding or immediately following a Town - approved holiday, excluding the employee's regularly scheduled day off, shall not receive paid time off for the holiday. Droned ,roc r r vvcarn - �•r. 4 -11 Revised: January 5, 2010 January 16, 2009 January 17, 2006 November 18, 2003 September 19, 2000 EXHIBIT B TO MARANA RESOLUTION NO. 2011 -82 Regular Council Meeting - August 16, 2011 - Page 59 of 190 CHAPTER 4 RA EMPLOYMENT BENEFITS Policy 4 -5 MILITARY LEAVE The Town of Marana shall grant a military leave of absence to any eligible employee to attend scheduled drills or training or if called to active duty with the United States armed services. Section 4 -5 -1 Eligibility Employee eligibility for military leave shall be determined in accordance with the provisions of applicable state and federal law. Section 4 -5 -2 Paid Military Leave A. An eligible employee ordered to military service shall be granted paid military leave of up to 240 hours in any two consecutive years. For the purposes of this policy, "year" means the fiscal year of the United States government. Leave which occurs on an employee's regularly scheduled days off shall not be charged against the 240 -hour allotment. B. For required military service exceeding the 240 -hour allotment, an employee shall be granted leave without pay or may use accrued vacation, personal or compensatory leave. C. An employee ordered to military service shall provide his or her Department Head with written notification of the leave, together with a copy of the employee's military orders. The notification shall be provided at least one week before the start of the leave, if practicable. Section 4 -5 -3 No Break in Service Time spent in active military service is not a break in service and shall be counted as credited service. 4 -12 Revised: January 5, 2010 January 16, 2009 January 17, 2006 November 18, 2003 September 19, 2000 EXHIBIT B TO MARANA RESOLUTION NO. 2011 -82 Regular Council Meeting - August 16, 2011 - Page 60 of 190 CHAPTER 4 - ANA EMPLOYMENT BENEFITS Policy 4 -6 BEREAVEMENT LEAVE The Town of Marana provides bereavement leave to eligible employees. Section 4 -6 -1 Eligibility Regular full- and part -time employees, including those serving in an initial evaluation period, and term - limited temporary employees are eligible to receive bereavement leave as described in this policy. Section 4 -6 -2 Amount of Bereavement Leave A. Eligible employees shall receive up to three days bereavement leave for the death of an immediate family member. B. If travel outside the state is required, employees may be granted up to two additional days bereavement leave at the discretion of the Department Head. C. An employee may request to use any available paid leave balances for additional time off as necessary. Section 4 -6 -3 Request for Bereavement Leave An employee shall submit a bereavement leave request to his or her supervisor as soon as the need for the leave arises or as soon as possible thereafter. Supervisors shall approve requests for bereavement leave in the absence of unusual Town operational requirements. Section 4 -6-4 Definition of Immediate Family For purposes of this policy, "immediate family" is defined as the employee's spouse, parent, child, brother or sister, the employee's spouse's parent, child, brother or sister, the employee's child's spouse, grandparents or grandchildren and any other person whose association with the employee was similar to any of the above relationships. 4 -13 Revised: January 5, 2010 January 16, 2009 January 17, 2006 November 18, 2003 September 19, 2000 EXHIBIT B TO MARANA RESOLUTION NO. 2011 -82 Regular Council Meeting - August 16, 2011 - Page 61 of 190 CHAPTER 4 EMPLOYMENT BENEFITS tow" OF MAROO Policy 4 -7 FAMILY AND MEDICAL LEAVE In accordance with the Family and Medical Leave Act (FMLA) of 1993 and the National Defense Authorization Acts (NDAA) of 2008 and 2010, the Town of Marana provides job - protected family and medical leaves of absence without pay to eligible employees who are temporarily unable to work due to an FMLA- qualifying reason. Section 4 -7 -1 Qualifying Reasons for FMLA Leave Eligible employees may qualify for FMLA leave for one or more of the following reasons. A. A serious health condition that renders the employee unable to perform the functions of the employee's job. B. The birth and care of a newborn child of the employee. C. The placement with the employee of a child for adoption or foster care. D. To care for the employee's spouse, child or parent with a serious health condition. E. To care for a covered servicemember of the Armed Forces with a serious injury or illness. F. Any qualifying exigency related to the active duty or call to active duty of a covered military member. Section 4 -7 -2 Definitions A. Covered military member. The employee's spouse, son, daughter or parent on active duty status or call to active duty status as either a member of the regular component of the Armed Forces or a member of the Reserve components of the Armed Forces or a retired member of the regular Armed Forces or Reserve. B. Covered servicemember. The employee's spouse, son, daughter, parent or next of kin, as defined by federal regulations, who is either of the following: 1. A current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness or who is otherwise in outpatient status or is otherwise on the temporary disability retired list. 2. A veteran who is undergoing medical treatment, recuperation or therapy for a serious injury or illness and who was a member of the Armed Forces, including the National 4 -14 Revised: January 5, 2010 January 16, 2009 January 17, 2006 November 18, 2003 September 19, 2000 EXHIBIT B TO MARANA RESOLUTION NO. 2011 -82 Regular Council Meeting - August 16, 2011 - Page 62 of 190 CHAPTER 4 MARA A EMPLOYMENT BENEFITS /l Of Guard or Reserves, at any time during the period of five years preceding the date on which the veteran undergoes that medical treatment, recuperation or therapy. C. Health care provider. Health care providers who may provide certification of a serious health condition include: 1. Doctors of medicine or osteopathy authorized to practice medicine or surgery (as appropriate) by the state in which the doctor practices 2. Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X -ray to exist) authorized to practice in the state and performing within the scope of their practice under state law 3. Nurse practitioners, nurse - midwives, and clinical social workers authorized to practice under state law and performing within the scope of their practice as defined under state law 4. Christian Science practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts 5. Any health care provider recognized by the Town or the Town's group health plan's benefits manager 6. A health care provider listed above who practices in a country other than the United States and who is authorized to practice under the laws of that country D. Serious health condition. An illness, injury, impairment, or physical or mental condition that involves any of the following: 1. Any period of incapacity or treatment connected with inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility 2. A period of incapacity requiring absence of more than three calendar days from work, school, or other regular daily activities that also involves continuing treatment by (or under the supervision of) a health care provider 3. Any period of incapacity due to pregnancy, or for prenatal care 4. Any period of incapacity (or treatment therefore) due to a chronic serious health condition (e.g., asthma, diabetes, epilepsy, etc.) 4 -15 Revised: January 5, 2010 January 16, 2009 January 17, 2006 November 18, 2003 September 19, 2000 EXHIBIT B TO MARANA RESOLUTION NO. 2011 -82 Regular Council Meeting - August 16, 2011 - Page 63 of 190 CHAPTER 4 EMPLOYMENT BENEFITS l 5. A period of incapacity that is permanent or long -term due to a condition for which treatment may not be effective (e.g., Alzheimer's, stroke, terminal diseases, etc.) 6. Any absences to receive multiple treatments (including any period of recovery therefrom) by, or on referral by, a health care provider for a condition that likely would result in incapacity of more than three consecutive days if left untreated (e.g., chemotherapy, physical therapy, dialysis, etc.) E. Serious injury or illness. 1. An injury or illness incurred by a member of the Armed Forces, including a member of the National Guard or Reserves, in the line of duty on active duty in the Armed Forces or an injury or illness that existed before the beginning of the member's active duty and was aggravated by service in the line of duty on active duty in the Armed Forces and that may render the member medically unfit to perform the duties of the member's office, grade, rank or rating. 2. A qualifying injury or illness, as defined by the Secretary of Labor, incurred by a veteran in the line of duty on active duty in the Armed Forces or an injury or illness that existed before the beginning of the member's active duty and was aggravated by service in the line of duty on active duty in the Armed Forces and that manifested itself before or after the member became a•veteran. F. Veteran. A person who served in the active military, naval, or air service, and who was discharged or released from the service under conditions other than dishonorable. Section 4 -7 -3 Eligibility A. An "eligible employee" under the FMLA is an employee who has: 1. Worked for the Town for at least 12 months; and 2. Worked at least 1,250 hours during the 12 -month period immediately preceding the commencement of the FMLA leave. B. The 12 months an employee must have been employed by the Town need not be consecutive months. If an employee is maintained on the payroll for any part of a week, including any periods of paid or unpaid leave (sick, vacation) during which other benefits or compensation are provided by the Town (e.g., workers' compensation, group health plan benefits, etc.), the week counts as a week of employment. For purposes of 4 -16 Revised: January 5, 2010 January 16, 2009 January 17, 2006 November 18, 2003 September 19, 2000 EXHIBIT B TO MARANA RESOLUTION NO. 2011-82 Regular Council Meeting - August 16, 2011 - Page 64 of 190 CHAPTER 4 a M �� EMPLOYMENT BENEFITS determining whether intermittent/occasional /casual employment qualifies as "at least 12 months," 52 weeks is deemed to be equal to 12 months. C. Whether an employee has worked the minimum 1,250 hours is determined according to the principles established under the Fair Labor Standards Act (FLSA) for determining compensable hours of work. Section 4 -7-4 Leave Entitlement A. Eligible employees, other than employees qualifying for leave to care for a covered servicemember with a serious injury or illness, shall be granted up to a total of 12 weeks of unpaid FMLA leave within any 12 -month period. B. Eligible employees qualifying for leave to care for a covered servicemember with a serious injury or illness shall be granted up to a total of 26 weeks of leave during a single 12 -month period. C. Married employee couples may be restricted to a combined total of 12 weeks unpaid FMLA leave within any 12 -month period for childbirth, adoption or placement of a foster child, or to care for a parent with a serious health condition. D. Married employee couples may be restricted to a combined total of 26 weeks unpaid FMLA leave within a single 12 -month period to care for a covered servicemember with a serious injury or illness. E. If the FMLA leave period is insufficient and the employee is unable to fully perform the essential functions of his or her position at the conclusion of the FMLA leave period, the employee may request administrative leave pursuant to Policy 4 -9. The Town may require updated medical certifications to support the need for the additional leave. However, in no case shall the employee be unable to perform the full essential functions of their regular position for greater than 12 months in a 24 -month period. For purposes of tracking leave time, 12 months will be measured based on 2080 hours for full -time employees and pro -rated for part-time employees. If the employee is unable to return after this time, the Town may initiate separation of employment. Section 4 -7 -5 Qualifying Exigency Leave under the NDAA An eligible employee who has a spouse, son, daughter or parent who is a covered military member may take up to 12 weeks unpaid FMLA leave for one or more of the following qualifying exigencies as defined by federal regulations. 4 -17 Revised: January 5, 2010 January 16, 2009 January 17, 2006 November 18, 2003 September 19, 2000 EXHIBIT B TO MARANA RESOLUTION NO. 2011 -82 Regular Council Meeting - August 16, 2011 - Page 65 of 190 CHAPTER 4 EMPLOYMENT BENEFITS A. Short- notice deployment B. Military events and related activities C. Childcare and school activities D. Financial and legal arrangements E. Counseling F. Rest and recuperation G. Post - deployment activities H. Additional activities or events arising out of the covered military member's active duty or call to active duty status provided that the Town and the eligible employee agree that the leave qualifies as an exigency and agree to both the timing and duration of the leave. Section 4 -7 -6 How FMLA Leave is Measured A. Except for leave to care for a covered servicemember with a serious injury or illness, the Town uses a rolling 12 -month period to calculate FMLA eligibility. Each time an employee uses FMLA leave, the remaining leave entitlement is the balance of the 12 weeks that has not been used during the immediately preceding 12 months. B. For leave to care for a covered servicemember with a serious injury or illness, the "single 12 -month period" begins on the first day the eligible employee takes FMLA leave to care for the covered servicemember and ends 12 months after that date. Section 4 -7 -7 Use of Accumulated Leave Employees shall be required to use any accumulated paid leave time (sick, vacation, personal and compensatory) concurrently with approved FMLA leave. If paid leave is exhausted or if an employee does not have any accumulated paid leave balances, the employee shall be placed on unpaid FMLA. Section 4 -7 -8 Request for Leave A. Eligible employees shall submit a written request for leave to the Human Resources Department at least 30 days in advance of foreseeable FMLA- qualifying events. 4 -18 Revised: January 5, 2010 January 16, 2009 January 17, 2006 November 18, 2003 September 19, 2000 EXHIBIT B TO MARANA RESOLUTION NO. 2011-82 Regular council Meeting - August 16, 2011 - Page 66 of 190 CHAPTER 4 MA' . EMPLOYMENT BENEFITS B. Eligible employees shall submit a written request for leave to the Human Resources Department as soon as practicable for unforeseeable events or within no more than two working days after learning of the unforeseen need for FMLA- qualifying leave. An employee requesting unforeseen FMLA leave has the obligation to comply with the Town's regular attendance and reporting requirements. Section 4 -7 -9 Medical Certification Employees requesting FMLA leave for their own serious health condition or for the serious health condition of a child, spouse or parent or for the serious injury or illness of a covered servicemember shall be required to submit a medical certification form from a health care provider verifying the serious health condition, injury or illness and the need to provide care in the case of a serious health condition, injury or illness of an eligible family member. The medical certification shall include the expected beginning and ending dates of the leave. The Town shall allow the employee at least 15 calendar days to obtain the medical certification. Section 4 -7 -10 Certification for Qualifying Exigency Leave under the NDAA Employees requesting FMLA leave due to a qualifying exigency arising out of the active duty or call to active duty status of a covered military member shall provide certification describing appropriate facts regarding the qualifying exigency for which the leave is requested. The certification shall include information on the type of qualifying exigency for which leave is requested and any available written documentation that supports the request for leave. The certification shall also include the expected beginning and ending dates of the leave. The first time an employee requests leave for a qualifying exigency, the employee shall also be required to provide a copy of the covered military member's active duty order or other documentation issued by the military which indicates that the covered military member is on active duty or call to active duty status in support of a contingency operation, and the dates of the covered military member's active duty service. Section 4 -7 -11 Designation of Leave as FMLA Leave In all circumstances, it is the Town's responsibility to designate leave, paid or unpaid, as FMLA- qualifying, and to give notice of the designation to the employee. If the employee's leave request gives the Town sufficient reason to consider the leave as FMLA - qualifying, the Town shall designate the leave as FMLA and inform the employee of the designation within five business days after receiving the employee's request for leave. Section 4 -7 -12 Intermittent Leave 4 -19 Revised: January 5, 2010 January 16, 2009 January 17, 2006 November 18, 2003 September 19, 2000 EXHIBIT B TO MARANA RESOLUTION NO. 2011 -82 Regular Council Meeting - August 16, 2011 - Page 67 of 190 CHAPTER 4 MAR EMPLOYMENT BENEFITS =,- 1 , A Under some circumstances, employees may take FMLA leave intermittently, by taking leave in blocks of time or by reducing their normal weekly or daily work schedule. A. Employees requesting intermittent FMLA leave for a serious health condition or to care for a family member with a serious health condition or to care for a covered servicemember with a serious injury or illness shall provide a medical certification from a health care provider to the Human Resources Department documenting the medical necessity for such leave. B. Employees requesting intermittent FMLA leave for a qualifying exigency arising out of the active duty or call to active duty status of a covered military member shall provide an estimate of the frequency and duration of the qualifying exigency and an explanation regarding the necessity for such leave. C. An employee is not guaranteed Intermittent FMLA leave for childbirth, adoption or placement of a foster child. Such leave may be taken only upon approval by the Town. D. The employee must attempt to schedule intermittent leave in a manner that does not unduly disrupt the Town's operations. E. The Town may temporarily transfer an employee on intermittent leave to a different position with equivalent pay and benefits if another position would better accommodate the employee's intermittent leave schedule. Section 4 -7 -13 Continuation of Health Insurance Coverage During FMLA A. Subject to the terms, conditions and limitations of the applicable group health insurance plans, the Town of Marana shall maintain group health insurance coverage, including family coverage, for an employee on FMLA leave on the same terms as if the employee continued to work. B. An employee who is on paid FMLA leave via the use of accrued leave balances, shall continue to pay his or her share of the insurance premium, if any, through payroll deductions. C. An employee who is on unpaid FMLA leave shall make arrangements with the Human Resources and Finance Departments to make payments for his or her share of the insurance premium, if any. If payment is more than 30 days overdue, coverage will be dropped, after 15 days written notice is provided to the employee. In this situation, COBRA will be offered. 4 -20 Revised: January 5, 2010 January 16, 2009 January 17, 2006 November 18, 2003 September 19, 2000 EXHIBIT B TO MARANA RESOLUTION NO. 2011 -82 Regular Council Meeting - August 16, 2011 - Page 68 of 190 CHAPTER 4 . A EMPLOYMENT BENEFITS I VWROPMAUN D. The Town's obligation to maintain health benefits under this section stops if and when the employee informs the Town of an intent not to return to work at the end of the leave period or if the employee fails to return to work when the FMLA leave entitlement is exhausted. In some circumstances, the Town may recover premiums it paid to maintain health insurance coverage for an employee who fails to return to work from FMLA leave. Section 4 -7 -14 Supplemental Benefits The Town will not maintain other supplemental benefits while an employee is on FMLA leave. To maintain supplemental benefits, the employee must make payment arrangements with the Human Resources and Finance Departments. Section 4 -7 -15 Suspension of Accumulation of Other Town - Provided Benefits Benefit accumulation, such as vacation, sick leave or holiday benefits, will be suspended during any unpaid leave portion of the FMLA leave period and will resume upon return to active employment. Use of FMLA leave is not considered a break in service when determining eligibility for vesting or for participation in a benefit. Section 4 -7 -16 Return to Work A. An employee on FMLA leave shall provide the Human Resources Department with at least two days' advance notice of the date the employee intends to return to work. B. An employee on FMLA leave for the employee's own serious health condition shall provide a written release from a health care provider indicating that the employee may resume the full essential functions of his or her position prior to or immediately upon returning to work. C. Upon return from FMLA leave, the employee shall be restored to the employee's original position, or to an equivalent position with equivalent pay, benefits and other terms and conditions of employment. D. Under limited circumstances where restoration to employment will cause substantial and grievous economic injury to the Town's operations, the Town may refuse to reinstate certain highly -paid, salaried "key" employees. In order to do so, the Town must notify the employee in writing of his or her status as a "key" employee and the reasons for denying job restoration. The Town must also provide the employee a reasonable opportunity to return to work after the notice is given and make a final determination as to whether reinstatement will be denied at the end of the leave period if the employee then requests 4 -21 Revised: January 5, 2010 January 16, 2009 January 17, 2006 November 18, 2003 September 19, 2000 EXHIBIT B TO MARANA RESOLUTION NO. 2011-82 Regular Council Meeting - August 16, 201T- Page 69 of 190 CHAPTER 4 EMPLOYMENT BENEFITS restoration. For purposes of this paragraph, a "key" employee is a salaried eligible employee who is among the highest paid ten percent of employees for the Town. Section 4 -7 -17 Termination of Employment A. If an employee voluntarily resigns his or her position before returning from FMLA, health insurance benefits are subject to COBRA law. B. If an employee fails to report to work at the conclusion of the FMLA period, and has not informed the Town in writing of a request to use other forms of leave, the employee is considered to have resigned. 4 -22 Revised: January 5, 2010 January 16, 2009 January 17, 2006 November 18, 2003 September 19, 2000 EXHIBIT B TO MARANA RESOLUTION NO. 2011 -82 Regular Council Meeting - August 16, 2011 - Page 70 of 190 CHAPTER 4 EMPLOYMENT BENEFITS Policy 4 -8 MATERNITY /ADOPTION /PATERNITY (MAP) LEAVE The Town of Marana provides maternity /adoption /paternity (MAP) leave to eligible employees. Section 4 -8 -1 Eligibility Regular full- and part -time employees, including those serving in an initial evaluation period, and term - limited temporary employees are eligible for MAP leave as described in this policy. Section 4 -8 -2 Amount of MAP Leave Eligible employees may be granted up to 12 weeks MAP leave for the birth or adoption of a child. Section 4 -8 -3 Use of Accumulated Leave Employees shall be required to use any accumulated paid leave time (sick, vacation, personal and compensatory) concurrently with approved MAP leave. If paid leave is exhausted or if an employee does not have any accumulated paid leave balances, the employee shall be placed on unpaid MAP leave. Section 4 -8-4 Request for MAP Leave Employees shall submit MAP leave requests in writing to the Human Resources Department. The request shall include the purpose and requested duration of the leave. The Human Resources Department may require verification of the need for the MAP leave from a licensed health care provider. Section 4 -8 -5 Relationship of MAP Leave to FMLA Leave A. If a MAP - eligible employee is also eligible for FMLA leave, MAP leave and FMLA leave shall run concurrently. B. Employees not eligible for FMLA leave may use MAP leave; however, job restoration is not guaranteed for non -FMLA- eligible employees returning from a MAP leave of longer than 30 calendar days. C. If an employee becomes eligible for FMLA leave while on MAP leave, the employee shall be subject to the FMLA leave provisions of this Chapter. 4 -23 Revised: January 5, 2010 January 16, 2009 January 17, 2006 November 18, 2003 September 19, 2000 EXHIBIT B TO MARANA RESOLUTION NO. 2011 -82 Regular Council Meeting - August 16, 2011 - Page 71 of 190 CHAPTER 4 EMPLOYMENT BENEFITS ¢4W of MARANA Section 4 -8 -6 Maintenance of Benefits During MAP Leave Vacation and sick leave shall not accumulate during MAP leave; however, the remainder of Town - provided employee benefits shall continue without interruption during MAP leave. 4 -24 Revised: January 5, 2010 January 16, 2009 January 17, 2006 November 18, 2003 September 19, 2000 EXHIBIT B TO MARANA RESOLUTION NO. 2011 -82 Regular Council Meeting - August 16, 2011 - Page 72 of 190 CHAPTER 4 MA EMPLOYMENT BENEFITS Policy 4 -9 ADMINISTRATIVE LEAVE The Town of Marana may provide administrative leave with or without pay to eligible employees as described in this policy. Section 4 -9 -1 Eligibility A. Regular full- and part-time employees, including those serving in an initial evaluation period, and term - limited temporary employees may request administrative leave as described in this policy. B. Employees shall not use administrative leave to work for another employer (other than the United States armed forces) or to pursue self - employment. C. Employees shall exhaust all accrued leave balances, including vacation, personal and compensatory leave and, if applicable, sick leave, before becoming eligible for administrative leave. Section 4 -9 -2 Request for Administrative Leave Employees shall submit written requests for administrative leave to their Department Head. The Department Head shall review the request, make a recommendation of approval or denial and forward the request to the Human Resources Director. The Human Resources Director shall review the request, make a recommendation of approval or denial and forward the request to the Town Manager or designee. The decision of the Town Manager or designee shall be final. Requests will be reviewed based on a number of factors, including Town operational needs and staffing requirements. The denial of a request for administrative leave is not subject to appeal under the personnel action review procedures set forth in Chapter 5 of these Personnel Policies and Procedures Section 4 -9 -3 Administrative Leave with Pay The Town Manager may approve an administrative leave with pay for an eligible employee for a fixed period of time when such administrative leave is considered by the Town Manager to be in the best interests of the Town. Section 4 -9-4 Administrative Leave without Pay A. Any regular full -time employee who has completed one year of employment with the Town may request an administrative leave without pay for non - medical purposes for a period not to exceed 90 calendar days. In reviewing the leave request, the Town Manager or designee shall consider the impact to Town operations, any potential benefit 4 -25 Revised: January 5, 2010 January 16, 2009 January 17, 2006 November 18, 2003 September 19, 2000 EXHIBIT B TO MARANA RESOLUTION NO. 2011 -82 Regular Council Meeting - August 16, 2011 - Page 73 of 190 CHAPTER 4 °- -- M .� EMPLOYMENT BENEFITS �111/ I to the Town and the recommendation of the Department Head and the Human Resources Director. B. Any regular full- or part -time employee who is either not eligible for FMLA leave or has exhausted the FMLA leave period may request an administrative leave without pay for medical purposes. Requests for administrative leave without pay for medical purposes must be accompanied by a medical certification from a licensed health care provider documenting the medical necessity for and expected duration of the leave. The Town Manager may grant administrative leave without pay for medical purposes in increments of up to three months, provided that the total time the employee is unable to perform the essential functions of his or her regular position does not exceed the equivalent of 12 months in any 24 -month period. For purposes of tracking leave time, 12 months will be measured based on 2080 hours for full -time employees and pro -rated for part-time employees. C. Employees who have been granted administrative leave without pay shall not accrue any vacation or other paid leave time and shall not receive paid time off for Town - approved holidays during the unpaid leave of absence. D. Employees who are on administrative leave without pay may not be eligible for a regular annual review of job performance nor for an associated adjustment in pay until the performance evaluation anniversary immediately following the return to active employment status. E. Employees on administrative leave without pay may elect to continue group insurance coverage. However, the employee must bear both the Town's and the employee's share of the cost of the premiums. Payment must be submitted to the Finance Department by the 10 of each month to ensure continued coverage. Section 4 -9 -5 Return to Work A. Employees who are granted administrative leave without pay shall return to work upon completion of the leave period. An employee who fails to return to work on the date specified in the leave request without receiving an extension in advance is considered to have resigned. B. Employees who are granted administrative leave without pay for medical purposes shall provide a written release from a licensed health care provider indicating that the employee may resume the full essential functions of his or her position prior to or immediately upon returning to work. 4 -26 Revised: January 5, 2010 January 16, 2009 January 17, 2006 November 18, 2003 September 19, 2000 EXHIBIT B TO MARANA RESOLUTION NO. 2011-82 Regular Council Meeting - August 16, 2011 - Page 74 of 190 CHAPTER 4 MARANA EMPLOYMENT BENEFITS C. The Town is not obligated to hold a position vacant or to return an employee to a position following an administrative leave without pay that is not part of an approved FMLA absence. Policy 4 -10 LEAVE DONATION Eligible employees may receive contributions of leave from other employees as outlined in this policy if the employee is unable to return to work due to his or her own catastrophic personal illness or injury or the catastrophic personal illness or injury of an immediate family member. Section 4 -10 -1 Definitions A. Catastrophic Illness: Illness that requires extensive hospitalization, hospice care or other extraordinary measures of care. B. Catastrophic Injury: Injury that requires extensive recuperation time. C. Immediate family member: The spouse, children, parents, grandparents, brothers, sisters or other individuals whose relationship to the employee is that of a dependent. A relative who, because of family circumstances, has been a parent substitute to the employee may be considered the mother or father in this definition. Section 4 -10 -2 Eligibility A. Regular full- and part -time employees, including those serving in an initial evaluation period, and term - limited temporary employees are eligible to receive donated leave as described in this policy. B. Eligible employees must be on an approved FMLA leave or medical leave of absence without pay and must have exhausted all accrued paid vacation, sick, personal and compensatory leave balances to be eligible for donated leave. C. Eligible employees shall not receive donated leave if they are receiving benefits through an insurance program paid for by the Town or from their retirement system or are eligible to receive payments from Social Security. D. Eligible employees shall not be permitted to use donated leave if they have been unable to perform the full essential functions of their position for a period of time equivalent to 12 months in a 24 -month period. For purposes of tracking leave time, 12 months will be measured based on 2080 hours for full -time employees and pro -rated for part -time employees. 4 -27 Revised: January 5, 2010 January 16, 2009 January 17, 2006 November 18, 2003 September 19, 2000 EXHIBIT B TO MARANA RESOLUTION NO. 2011 -82 Regular Council Meeting - August 16, 2011 - Page 75 of 190 CHAPTER 4 MMANA - EMPLOYMENT BENEFITS Section 4 -10 -3 Donation Parameters A. Donation of leave may be made among all levels of Town employment on an hour - for -hour basis. B. Vacation leave and sick leave may be donated. C. The receiving employee and the Town are under no obligation to repay the donated leave. D. There is no limit on the amount of donated leave eligible employees may receive, except that the total time the employee is unable to perform the essential functions of his or her regular position shall not exceed the equivalent of 12 months in any 24 -month period. For purposes of tracking leave time, 12 months will be measured based on 2080 hours for full -time employees and pro -rated for part -time employees. E. Any unused donated leave will be returned to the donating employee. F. Donating employees must maintain a total balance of 80 hours of sick and vacation leave. Section 4 -10-4 Request for Donated Leave A. Applications for donated leave are available in the Human Resources Department. B. The requesting employee shall submit the completed application for donated leave to the Human Resources Department. If it has not already been provided, the employee shall include a medical certification from a licensed health care provider documenting the medical necessity for and expected duration of the leave with the completed application. C. The application will be submitted to the Human Resources Director for approval. Section 4 -10 -5 Maintenance of Benefits Employees who are receiving donated leave shall be considered to be in a paid status. Therefore, Town - provided employee benefits shall continue without interruption during the period of donated leave. 4 -28 Revised: January 5, 2010 January 16, 2009 January 17, 2006 November 18, 2003 September 19, 2000 EXHIBIT B TO MARANA RESOLUTION NO. 2011-82 Regular Council Meeting - August 16, 2011 - Page 76 of 190 CHAPTER 4 MA, ' EMPLOYMENT BENEFITS Of MAXWA Policy 4 -11 GROUP BENEFITS The Town of Marana provides group benefits coverage, including medical, dental, long -term disability, short-term disability and life insurances, for eligible employees. The Human Resources Department is responsible for implementation and administration of all group insurance plans. Section 4 -11 -1 Eligibility A. Regular full- and part-time employees, including those serving in an initial evaluation period, and term - limited temporary employees are eligible for coverage under all of the Town's group benefits programs, depending upon the restrictions and limitations of a particular benefit plan. B. Where applicable, the employee may elect to cover dependents under these programs in accordance with current contract requirements and rate schedules. Normal eligibility rules must be met. Section 4 -11 -2 Group Insurance Coverage The Town contributes to the costs of providing group insurance coverage for full -time employees and those part -time employees whose normal work week is at least 20 hours per week. The Town may also contribute to dependent coverage for eligible employees. Section 4 -11 -3 Voluntary Benefits Voluntary benefits such as benefits for dependents, supplemental health benefits and additional employee - related benefits are offered by the Town through the Human Resources Department, depending upon the limitations and restrictions of the particular plans. Voluntary benefits are offered at the discretion of the Town Manager or Town Council. Voluntary benefits are fully paid by the employee. Section 4 -11-4 Retirement Plan A. Employees whose normal work week is 20 hours or more and who have met the eligibility requirement of the retirement plan are required to participate in the Arizona State Retirement System (ASRS) or, where applicable for sworn police personnel, the Public Safety Personnel Retirement System (PSPRS). B. Retirement benefits accumulate from both employee and employer contributions. Contributions to the retirement system are mandatory for eligible positions and are deducted from the employee's salary each payroll period. 4 -29 Revised: January 5, 2010 January 16, 2009 January 17, 2006 November 18, 2003 September 19, 2000 EXHIBIT B TO MARANA RESOLUTION NO. 2011 -82 Regular Council Meeting - August 16, 2011 - Page 77 of 190 CHAPTER 4 MARANA - EMPLOYMENT BENEFITS t \ C. Employees are vested in accordance with the retirement plan in which they are enrolled. D. If an employee terminates service without retiring, accumulated vested contributions, with earned interest, are refundable upon request. Section 4 -11 -5 Employee Assistance Program A. The Town provides an employee assistance program (EAP) to all regular full- and part-time employees, including those serving in an initial evaluation period, and term - limited temporary employees. B. When an employee voluntarily seeks assistance from the EAP, confidentiality is maintained. The Town will not be informed that help has been sought unless the employee requests that the information be released. C. When stress or personal problems interfere with job performance, the Town will encourage and may require participation in the EAP to deal with job - related performance issues. When participation is required, confidentiality is maintained. The EAP will only verify that the employee has participated as required. D. Use of the employee assistance program may be a condition of continued employment if the Town's drug and alcohol abuse policy is violated. E. No employee will have his or her employment or promotional opportunities jeopardized solely by participation in the EAP, nor will participation in the EAP protect the employee from disciplinary action for substandard performance. 4 -30 Revised: January 5, 2010 January 16, 2009 January 17, 2006 November 18, 2003 September 19, 2000 EXHIBIT B TO MARANA RESOLUTION NO. 2011 -82 Regular Council Meeting - August 16, 2011 - Page 78 of 190 CHAPTER 4 MARANA EMPLOYMENT BENEFITS I A Policy 4 -12 WORKER'S COMPENSATION Worker's Compensation is a program of insurance administered by the Industrial Commission of Arizona to protect workers from loss due to a work - related accident or illness. Section 4 -12 -1 Reporting Requirement Any employee involved in an on-the-job accident or injury as defined by the state Worker's Compensation laws must report the accident or injury to his or her immediate supervisor immediately, but no later than 24 hours after the accident or injury. An employee who has an occupational illness as defined by the state Worker's Compensation laws must report the illness to his or her immediate supervisor immediately upon becoming aware of the occupational illness. If the employee's direct supervisor is not available, the employee shall report the accident, injury or occupational illness to the employee's Department Head. Failure to report the accident, injury or illness within 24 hours may result in the denial of a Worker's Compensation claim. Section 4 -12 -2 Payments A. If a Worker's Compensation claim is approved for payment, Worker's Compensation pays a state - mandated percentage of the employee's daily wage. B. Worker's Compensation does not pay for the first seven days of time lost from work unless the total number of time off from work exceeds 14 days. If the claim is approved for payment after 14 days and the employee used paid leave balances during the first seven days of time lost, the employee's leave balances shall be reinstated upon receipt of funds by the Town. C. Hours of work lost due to the on-the-job injury or illness are reported on the employee time sheet as "industrial disability." Section 4 -12 -3 Use of Paid Leave A. An employee receiving payments under the Worker's Compensation laws may use accumulated paid leave to supplement any hours not covered by the payments. The Human Resources Director or designee shall approve such leave usage. B. When sick, vacation, personal or compensatory leave or short-term disability payments are used to supplement any payments that an employee is eligible to receive from Worker's Compensation benefits, the combination of Worker's Compensation payments, disability payments and /or leave benefit payments shall not exceed the employee's normal weekly earning. The purpose of this policy is to ensure that an employee does 4 -31 Revised: January 5, 2010 January 16, 2009 January 17, 2006 November 18, 2003 September 19, 2000 EXHIBIT B TO MARANA RESOLUTION NO. 2011 -82 Regular Council Meeting - August 16, 2011 - Page 79 of 190 CHAPTER 4 MARANA EMPLOYMENT BENEFITS not suffer an economic hardship as a result of a work - related injury or illness. However, the employee should not realize a financial gain as a result of injury or illness. If the combination of payment from Worker's Compensation and the use of other paid leave or disability benefits results in the employee being paid more than his or her normal weekly earning, the Town shall require the employee to reimburse the Town for the overpayment. C. The Town shall not approve the use of sick or vacation leave for an employee who has an injury, illness or disease incurred while employed by another employer. 4 -32 Revised: January 5, 2010 January 16, 2009 January 17, 2006 November 18, 2003 September 19, 2000 EXHIBIT B TO MARANA RESOLUTION NO. 2011 -82 Regular Council Meeting - August 16, 2011 - Page 80 of 190 CHAPTER 4 M ARANA EMPLOYMENT BENEFITS Policy 4 -13 BENEFITS CONTINUATION /COBRA The federal Consolidated Omnibus Budget Reconciliation Act (COBRA) of 1985, amended by the Health Insurance Portability and Accountability Act (HIPAA) of 1996, provides that covered employees and their qualified beneficiaries may continue health insurance coverage under the Town of Marana's health plan when a "qualifying event" would normally result in the loss of eligibility. The Town shall follow all applicable federal and state laws in determining what constitutes a qualifying event. Section 4 -13 -1 Payments A. Except as provided in this policy, employees or beneficiaries participating in COBRA benefits shall pay the full cost of coverage at the Town's group rates plus an administration fee as prescribed by federal law. B. The Town Manager, in his or her sole discretion, may authorize Town payment of the costs of COBRA coverage for an employee or his or her beneficiaries for up to six months if the employee's qualifying event is a layoff as described in Chapter 8 of these Policies and Procedures. Section 4 -13 -2 Written Notification of Eligibility The Human Resources Director shall ensure that each eligible employee and /or beneficiary receives written notification regarding COBRA rights and benefits in accordance with applicable federal and state laws. 4 -33 Revised: January 5, 2010 January 16, 2009 January 17, 2006 November 18, 2003 September 19, 2000 EXHIBIT B TO MARANA RESOLUTION NO. 2011-82 Regular Council Meeting - August 16, 2011 - Page 81 of 190 CHAPTER 4 MAA - ,_ EMPLOYMENT BENEFITS tl tom ow, wom Policy 4 -14 CIVIC DUTY The Town of Marana encourages employees to fulfill their civic responsibilities as citizens and provides civic duty leave to eligible employees as described in this policy. Section 4 -14 -1 Eligibility Regular full- and part-time employees, including those serving in an initial evaluation period, and term - limited temporary employees are eligible for the various civic duty leaves as described in this policy Section 4 -14 -2 Jury Duty A. Eligible employees shall be granted up to 10 days of paid jury duty leave over any 12 -month period. B. Employees shall show the jury duty summons to their supervisor as soon as possible so that the supervisor may make arrangements to accommodate the employee's absence. C. Employees on jury duty shall be paid their regular base rate of pay provided that they submit any juror fee payments received from the court, excluding mileage and per diem payments, to the Finance Department. Employees may keep mileage and per diem payments. D. If an employee is required to serve on jury duty beyond the period of paid jury duty leave, the employee may request to use accrued vacation, personal or compensatory leave balances or may request administrative leave without pay. E. Employees shall report for work while on jury duty whenever the court schedule permits. F. The Department Head may ask the employee to request an excuse or postponement from jury duty if, in the Department Head's judgment, the employee's absence would create serious operational difficulties. Section 4 -14 -3 Witness Duty A. Eligible employees shall be granted up to 40 hours of paid time off per instance when subpoenaed to appear in court. B. Employees shall show the subpoena their supervisor immediately after it is received so that the supervisor may make arrangements to accommodate the employee's absence. 4 -34 Revised: January 5, 2010 January 16, 2009 January 17, 2006 November 18, 2003 September 19, 2000 EXHIBIT B TO MARANA RESOLUTION NO. 2011 -82 Regular Council Meeting - August 16, 2011 - Page 82 of 190 CHAPTER 4 EMPLOYMENT BENEFITS N'Z= C. Employees under subpoena shall be paid their regular base rate of pay provided that they submit any witness fee payments, excluding mileage and per diem payments, to the Finance Department. Employees may keep mileage and per diem payments. D. If an employee is required to appear in court beyond the period of paid leave provided by this section, the employee may request to use accrued vacation, personal or compensatory leave balances or may request administrative leave without pay. E. Employees under subpoena shall report for work whenever the court schedule permits. F. Employees are not eligible for witness duty leave time spent in court on personal matters without a subpoena. Employees shall request the use of accrued leave balances for these court matters. Section 4 -14-4 Voting A. Any employee eligible and registered to vote in any public election held within this state may request time off for voting. B. The employee may be absent for up to three hours with pay on the day of the election for the purpose of voting. C. The Department Head may specify the hours during which the employee may be absent for the purpose of voting. D. Employees are expected to vote at a time that minimizes impact on the department operations by voting during early or late voting hours. E. An employee may be required to provide evidence of eligibility to vote prior to approval for time off. 4 -35 Revised: January 5, 2010 January 16, 2009 January 17, 2006 November 18, 2003 September 19, 2000 EXHIBIT B TO MARANA RESOLUTION NO. 2011-82 Regular Council Meeting - August 16, 2011 - Page 83 of 190 AAN 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, August 16, 2011, 7:00:00 PM To: Mayor and Council Item C 4 From: Lisa Shafer , Assistant Planning Director Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2011 -83: Relating to Development; approving a final plat for Continental Ranch Retail Center - Westside Resubdivision #2, Lots 9 & 17 Discussion: History The Continental Ranch Specific Plan was approved by the Town Council on April 3, 1988, by Ordinance 88.09. A Final Plat for the Continental Ranch Retail Center was approved by the Town Council on October 1, 2002, by Resolution 2002 -108. The plat was then subdivided to create the Continental Ranch Retail Center - Westside Final Plat which was approved by the Town Council on December 20, 2005, by Resolution 2005 -152. Request Blue Lion Lot 9, LLC, is requesting a resubdivision of the 1.66 acre lot 9 of the Continental Ranch Retail Center - Westside Final Plat. This resubdivision would reduce lot 9 to .98 acres and create lot 17 using the remaining .68 acres. The existing Boston's Pizza restaurant would remain on lot 9 and lot 17 will be used for a commercial/retail building as approved on the development plan. Location The proposed resubdivision is located generally at the southwest corner of Arizona Pavilions Drive and Cortaro Road. Z oning The site is located within the Continental Ranch Specific Plan. The Specific Plan land use designation on the site is "C *" - Freeway Commercial. Transportati Access to the site is off of Cortaro Road and Arizona Pavilions Drive. ATTACHMENT Name: Description: Type: O Resolution_CR Retail Center Westside Resub2_FP.doc Resolution Resolution Backup Regular Council Meeting - August 16, 2011 - Page 84 of 190 D Applcation.pdf Application Material D Locadon_Map_Lot_9.pdf Location Map Backup Material D FINAL PLAT LOT_9.pdf Final Plat Backup Material Staff Recommendation: Staff finds that the final plat is in compliance with the Continental Ranch Specific Plan, the Marana Land Development Code and the Marana 2010 General Plan. Staff recommends approval of this final plat. Suggested Motion: I move to adopt Resolution No. 2011 -83; approving a final plat for Continental Ranch Retail Center - Westside Resubdivision #2, Lots 9 & 17. Regular Council Meeting - August 16, 2011 - Page 85 of 190 MARANA RESOLUTION NO. 2011-83 RELATING TO DEVELOPMENT; APPROVING A FINAL PLAT FOR CONTINENTAL RANCH RETAIL CENTER - WESTSIDE RESUBDIVISION #2, LOTS 9 & 17 WHEREAS, the Continental Ranch Specific Plan was approved by the Town Council on April 3, 1988, as Ordinance 88.09; and WHEREAS, the Continental Ranch Retail Center Final Plat was approved by the Town Council on October 1, 2002, as Resolution 2002 -108; and WHEREAS, the Continental Ranch Retail Center — Westside Final Plat was approved by the Town Council on December 20, 2005, as Resolution 2005 -152; and WHEREAS, Blue Lion Lot 9, LLC, has applied for a resubdivision of Lot 9 of the Continental Ranch Retail Center — Westside Final Plat, generally located at the southwest corner of Arizona Pavilions Drive and Cortaro Road; and WHEREAS, the Town Council, at their regular meeting on August 16, 2011, determined that the Continental Ranch Retail Center — Westside Resubdivision #2, Lots 9 & 17 Final Plat should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Continental Ranch Retail Center — Westside Resubdivision #2, Lots 9 & 17 Final Plat, is hereby approved. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this W h day of August, 2011. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting - August 16, 2011 - Page 86 of 190 ARAN A = /1\ PLANNING & ENGINEEIQNG APPLICATION ❑ Preliminary Plat 29 Final Plat ❑ General Plan Amendment ❑Variance • Development Plan ❑ SWPP ❑ Landscape Plan ❑ Native Plant Permit • Specific Plan Amendment ❑ Conditional Use Permit ❑ Rezone/Specific Plan ❑ Native Plant Exception • Significant Land Use Change ❑ Minor Land Division ❑ Water Plan ❑ Annexation ❑ Improvement Plan (specify type in Description of Project box*) ❑ Other Assessor's Parcel General Plan Designation Number(s) 0 "( $ To be confirmed by sta Gross Area (Aere/Sq. Ft.) Current Zoning • io � Ac- To be confirmed by s taff) Development/ProjectName AR• {•to+vA PANkUoNS 1.-OTI CPLIT Proposed Zoning � � � � r_ Project Location Description of Project* SPt "T 9 t^ 'TO L ai S n+ £s�. t F to O p6w T%Ao SE PAILA- S Leg ir1 (% Vti%totJ Property Owner L L ct4 \- CT 9 L LC- Street Address 2 (,0 1 t4• C-AcMPM Ph u+v Sv- r - r'c 7.0 City State Zip Code Phone Number Fax Number E -Mail Address so,.� Ar72 8 5711 t -41ir- 520o zo't 't 26Z s1¢ h CJ �rtr u co►ro�wt i.,� Contact Person Phone Number / E -mail � tom{- tfst�l �RuMty� " SA Ars oWr.tER. Applicant VVA,6,N T" Street Address j,i a t N • C �uNT tz y G v 9W.V *9 City State Zip Code Phone Number Fax Number E -Mail Address - Vu L5o 14" 33`41 'afV\,,K+CpCYrrtsc'civi��t^� Contact Person Phone Number (E -mail Agent/Representative Street Address City State Zip Code Phone Number Fax Number E-Mail Address Contact Person Town of Marana Business License No. I, the undersigned, certify that all of the facts set forth in this application are true to the best of my knowledge and that I am either the owner of the property or that I have been authorized in writing by the owner to fil this application and checklist. (If not owner of record, attach written authorizatio -fo the owner.) (1 `t PL r , FR , . It rin Name df App licant/Agent i ature bate 11555 W. Civic Center Driv Bldg A2 ■ML arana, AZ 85653 - 7003 - Tele phone (520) 382- 260 ■Fax (520) 38 2 -2641 Regular Council Meeting - August 16, 2011 - Page 87 of 190 Continental Ranch Retail Center - Westside Resub. #2, Lots 9 & 17 TOWN OF WRANA CASE PRV- 11029F Q * ` r , A.'� +i \ \ CP \ MM 3 hV V Hro pe t Il k- vv vvd \ 7. :< k � Request 0 350 700 ft. " A request for approval of a final plat for the resubdivision of Continental Ranch Retail Center - Westside Data Disclaimer: The Town of Marana provides this map information 'As Is' at the request of the user with the understanding that is not guaranteed to be accurate, correct or complete and conclusions =from such Information are the responsibility of the user. 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Civic Center Drive, Marana, Arizona 85653 Council Chambers, August 2, 2011, at or after 7:00 PM Ed Honea, Mayor Patti Comerford, Vice Mayor David Bowen, Council Merger j Herb Kai, Council Mernbr Carol McGorray, Coullpi IVfislnber Jon Post, CounciI Member Roxanne Ziegler, Council Mem#Fr 4 ., REGULAR COUNCIL MEANG CALL TO ORDER AND ROLL CALF yor Honea ca�th, meeting to order at 7:00 p.m. Council Member Ziegler was ekil -there was ". drum present. 7 _ e PLEDGE OF ALLEGIANC /INVOCATIQN IOMFJN `. F SILENCE. Led by Mayor Honea.s d APPROVAL OF AG A. *Won by CounWAlember McGorray to approve the agenda; second by Vice 'ryal a and massed unanimously 6 -0. CALL TO THE Th&v were no speaker cards presented. PROCLAMATIONS _ 3 MAYOR ANI UNCIL DEPORTS: SUMMARY OF CURRENT EVENTS. No reports. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS. No report. PRESENTATIONS CONSENT AGENDA. Motion by Vice Mayor Comerford to approve, second by Council Member McGorray. Passed unanimously 6-0. C 1: Minutes of the July 19 regular meeting LIQUOR LICENSES L 1: Relating to Liquor Licenses; recommendation to the state liquor board regarding a special event liquor license application submitted by the Tucson Breakfast Lions Club for Regular Council Meeting - August 16, 2011 - Page 92 of 190 1 August 2, 2011 Council Meeting Minutes fundraiser events at Founders' Day located at Ora Mae Ham Park, 13250 N. Lon Adams Road. Presented by Ms. Bronson. This application was posted appropriated, and no protests were received. Staff recommended approval. Motion to approve by Council Member McGorray, second by Vice Mayor Comerford. Passed unanimously 6 -0. L 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 Roger K. Burton on behalf of Giant #612, located at 4202 W. Ina Road. Presented by Ms. Bronson. This application was posted appropriated, and no protests were received. Staff recommended approval. Motion to approve by Council Member McGorray, second by Vice Mayor Comerford. Passed unanimously 6 -0 BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION A 1: PUBLIC HEARING: Ordinance No. 201 L. °Presentation � fi gating to Development; approving a rezoning creating the ''Ancho Palomitas Sped ,Plan. Council Member Kai declared a conflict of lnt r and 14 the dais. The opened the public hearing. Mr. Kish noted that this rezoni"pI atiton is for approximately 78 acres to develop a commerce industrial park. The srto r on the south side of Tangerine Road about two miles east of the I -14 interchange. They ,'6*ent General Plan shows this site as being industrial. The surroundingn�xg is large lot;�te trust land, Hayden's Concrete, heavy industrial and Breaker's�,VVat r X The pr '1�ed specific plan has three land use designations, which Mr. Kith dlsc� detail and referred to throughout the presentation. The infrastructure is public, bait to tow:tandards with two points of access off of Tangerine, Tho pr'O' will bring in water and sewer as accepted by the town. During the Planning Comm, ss n� � on one of the concerns raised was the solid waste transf f b Mr then di Ic ed the design concept showing the transfer buildingss'a subterran� drlve�joad and fill the trucks, business offices and a light vehicle maintenance yard Mr. Kish d to the st recommendation and the Planning Commission recommendatlo�� One of e options changed Condition 8, disallowing the solid waste transfer station the zoning area. Mayor Honea noted that this is the time for questions from the pubiic. There being none, he asked for questions from the Council. Council Member Po't asked how many trucks would be moving in and out each day. The applicant, Mike Carlier, responded. He noted that it is anticipated 60,000 tons per years, which equates to about 14 18- wheeler loads per day, about two per hour going out of the facility. Council Member Post asked if there is an agreement to make sure that trash is picked up along the road. Mr. Carlier responded that when Republic comes forward with their development plan and obtain their permit for construction, they will enter into a development agreement with the town so that the issues of odor, waste, etc. would be maintained according to town standards. He noted that there will be an agreement, over and above the town standards that will ensure that the site will be kept clean. He noted that the owners and developers of the property in question are also the owners of the 170 acres at the northeast corner of Tangerine and I -10; also the developers Regular Council Meeting - August 16, 2011 - Page 93 of 190 2 August 2, 2011 Council Meeting Minutes of Neighborhood 3 in Rancho Vistoso at the far east end of Tangerine Road. They have a shared vision with Marana of what Tangerine Road should look like. He further noted that Republic intends to maintain this station to the same standards as their newest station at Deer Valley and I -17 near Phoenix. Council Member McGorray asked if it would be part of the DA that the semis would go directly north to the Cactus landfill. Mr. Carlier replied that during discussions with the Mayor and Republic, Republic has guaranteed that all of the outgoing traffic will head immediately west to the interstate, going up I -10 to the Park Links Roads across to Highway 89 to Cactus landfill in Pinal County. Vice Mayor Comerford asked for clarification regarding the cleanliness of the trucks and where the ater goes. It was confirmed that the water goes into a drainage area and is then trmpe -out. Nothing will remain onsite for a period of time to decompose and rot and odors. Ken Deines, the general manager of Saguaro Environmental, ra 0ri that each day the trash is emptied and transferred to the landfill at CactllS 'ice Mai * Comerford asked if there would be a signal on Tangerine for the trucks toapull out on " make their way toward the interstate. Mr. Carlier responded that there are currently Mans for a signal; that's typically the process for the deve b ent submittal. If a tra ` " dy indicates that a traffic light is warranted and requi`rb4, , he,, eveloper will bul d one. In response to her question as to the number of trucks tra�ng in and out of the facility, Mr. Deines responded that there aretal of 43 routes =A shout 350 tons per days, or 19 trucks making two to three trips per da��nding on the t6tte. Vice Mayor Comerford expressed her concern regallin fty as it relateso the expansion of Tangerine over the coming years. k Council Member Bout ,bout the we11 on the property. Mr. Carlier responded YRII that there is a 20 -ir ell on ih property and,nother is intended to be installed. The town and the developer'll sham the expense 6,f�,e flow capacity for the second well. The well will be owned by ,he tcwrr N' Mayornea closed pubtf Baring and asked for a motion. Vice Mayor Comerford mover #dopt the or ""nce sub) .to the recommendations presented by staff and the la, Commission, Ilowirg'the development of a solid waste transfer station facility within lfie rezonin g rea. Second by Council Member McGorray. The Mayor asked for dlscl1on. Mr ssidy asked for a clarification regarding the discussion about a development,- re m ent, and stated there are no conditions on that in the motion. Vice Mayor Come rri stated that the development agreement would come at the same time the developmetrplan was put forth. Mr. Cassidy replied that that would be fine, further noting that on some of the previous cases the development agreement has been done with the entitlement or the issue that the development agreement was intended to address, in this case the transfer station, was made contingent on the execution of a development agreement. Council Member Post asked to have that added to the motion. The motion was clarified to state that the development is contingent upon a satisfactory development agreement which includes the discussion points made on the dais. Vice Mayor Comerford agreed to that clarification, as did Council Member McGorray. Motion passed 5-0. ITEMS FOR DISCUSSION /POSSIBLE ACTION Regular Council Meeting - August 16, 2011 - Page 94 of 190 3 August 2, 2011 Council Meeting Minutes D l: Legislative /Intergovernmental Report: regarding all pending state and federal legislation and report on recent meetings of other legislative bodies EXECUTIVE SESSIONS. Motion to go into executive session on Item E 2 by Council Member McGorray, second by Vice Mayor Comerford. Passed unanimously at 7:24 P.m. E 1: Executive Session pursuant to A.R.S. §38- 431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda E 2: Executive Session pursuant to A.R.S. § 38- 431.03(A)(3),(4), , (7), discussion or consultation for legal advice with the Town's attorneys and di��sslornand to consider its position and instruct the Town Manager and staff concernln (1 the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana,�onsolrcated), Maricopa County Superior Court No. CV2008- 001131, (2) pending'legal iss1J � settlement discussions and contract negotiations relating to the tianiition of MaiA wastewater collection and treatment to the Town of Marana Motion by Council 112'e*',ber Post, second by Vice Mayor Comerford authorizink W to proceed in a mann"sistent with the discussion that occurred in executive se n Mpd6n passed unanimously 5-0. FUTURE AGENDA ITEMS ADJOURNMENT. Motion to adjourn h W Member P 1, second by Council Member McGorray. Passed unanimousk,5 0 al:8; m CERTIFICATION I hereby certify that Ihe are the true and correct minutes of the Marana Town s Council meeting held on ugus>t�, 2011. I furth Certify that a quorum was present. Jocelyn C Bronson, Tb -n Clem S: �E a Regular Council Meeting - August 16, 2011 - Page 95 of 190 4 August 2, 2011 Council Meeting Minutes M a MA = STUDY SESSION MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, August 9, 2011, at or after 6:00 PM Ed Honea, Mayor` Patti Comerford, Vice Mayor ', David Bowen, Council Men ber Herb Kai, Council Member, , Carol McGorray, CouniVlemler Jon Post, CounctfMember Roxanne Ziegler, ' 60 Member ,�_ , STUDY SESS� IC CALL TO ORDER AND ROLL CAL r Honea calf the meeting to order at 6:00 p.m. Ms. Bronson called roll. Co fci er Bowed has excused; there was a quorum present. f PLEDGE OF ALLEGIAItEI,VOCATIO/MOMENT OF SILENCE. Led by Mayor Honea. � APPROVAL OF AGENDA approve by Council Member McGorray, second by Council Post Pulsed unanrnvusly 6 -0. DISCION /DIRECTIDt/POS>BLE ACTION 1: Resolutitn No. 2011 1: Relating to Elections; approving and authorizing the Town Clerk to conduct mail balllections for the Town. Presented by Ms. Bronson, who introduced Chart Roads, R�strar of Voters from the Pima County Recorder's Office. Ms. Bronson gave ov^view of the cities and towns in Arizona which have gone to mail ballot elections"e then discussed the historical aspect of Marana's voter turnout and the number of citizens voting at polling location versus mail ballots. Ms. Bronson noted that considerable education would have to occur prior to the 2013 election for both citizens and potential candidates to become aware of the change in the voting process. She also stated that should the town find itself having to hold an election in conjunction with a county measure, mail ballot voting would have to be suspended for that election, as counties are not authorized under Arizona law to conduct mail ballot elections at this time. Ms. Bronson concluded her formal presentation and deferred questions related to the mail ballot process to Mr. Roads, who discussed issues of forwarded mail, voter fraud and signature verification and security of the mail ballot process. Council Member Post questioned whether Marana was ready to move to a mail ballot election given the low voter turnout. Discussion ensued among Council regarding planning Regular Council Meeting - August 16, 2011 - Page 96 of 190 1 August 9, 2011 Council Meeting Minutes campaigns around mail ballots elections and the new strategies that would have to be considered. Mayor Honea expressed his concern that an all mail ballot could change the outcome of elections. He further noted that candidates may have to change their strategies to get their messages out before the ballots are mailed. Vice Mayor Comerford thanked Ms. Bronson for the presentation and the work she has done on this project. Upon motion to authorize the Town Clerk to conduct mail ballot elections by Council Member Kai, second by Council Member McGorray, the motion passed unanimously 6 -0. 2: Presentation: Relating to Facilities; review of the Marana Operations Center (MOC) Facility Master Plan. Mr. Davidson presented this iter ''as two parts — one being a long -term plan for a permanent site for a police substation ttlrve the Continental Ranch/Reserve, Ina/Thornydale /Orange Grove and Dove i" Mountaituareas. This will take a number of years to plan and develop, and he will ask forouncllction to move forward with that. In the interim, the second part ofthb presentatlon r lied to modifications to the current substation to make it ri ore functional and safe Chief Rozema highlighted some of those safety and 6It rational Issues, and Vinc 4t discussed some of the analyses that have been done tuyard tlic modifications: Mr. Davidson noted that Option 2 in the background mauls for Council consideration had been put into this year's budget. He rVrlerated that this p roject has been a true team effort. It has taken several months to ca"', �p with different teratiens to accomplish the goal of a more functional and safe subst€�io i a ion within financial resources that are available. Mr. Davidson noted that Option �� .Ajready contained within the current budget at $488K .-The, requested matron is to pro lde direction to start the long- term facility. The target date entered around the construction date that's going to take place near InalI -10 4bout four ars. It would be ideal to have the new police substation relocated before then When I -10 is bwered, it will cut off east -west access which will have a huge irr`t et;�� rlity of he town's police department to respond to e if Option 1 would give the town what is necessary in the ihteid,ml to ch Mr. Davidson responded that it would and further, that there wouldn't be `an �xtrernj6' act to operations in the southern portion of the commun%vhile renovaild',hn were;b,ccurring. y= Vice Mayor Lirford mcfd to direct staff to continue to work on the long -term future vision fob l� poh department, second by Council Member McGorray. Passed unanimously 6 -0 3: Presentation: Relating to Utilities; proposed comprehensive revisions to Title 14 (Water) of the Town Code in anticipation of changing its title to Utilities and revising its language to cover water and wastewater utilities. Presented by Frank Cassidy, who indicated what has been done to revise Title 14 by eliminating definitions and items =that are not needed in the code. Motion by Council Member McGorray moved to direct town staff to proceed with the proposed changes to the Town Code Title 14 and to bring those changes forward to Council for consideration and possible adoption. Second by Vice Mayor Comerford. Regular Council Meeting - August 16, 2011 - Page 97 of 190 2 August 9, 2011 Council Meeting Minutes Passed unanimously 6 -0. Council Member McGorray thanked Mr. Cassidy and staff for the work that has been done on this code change. 4: Presentation: Relating to Personnel; discussion and consideration of proposed amendments to the Town's Personnel Policies and Procedures; revising Chapter 3 - Compensation and Chapter 4 - Employment Benefits. Presented by Suzanne Machain. This item relates to holiday pay and the conflict on this item between the personnel policy and the Memorandum of Understanding with the Marana Police Officers Association. The amendment proposes that regardless of whether you work 8 hours or 10 hours on your regular schedule, if your schedule falls on a holiday, you will receive holiday pay equal to the number of hours you would normally work. Ms. Machain noted that this is a first reading and no action is required by Council. Thts, can come back to Council for adoption at the August 16, 2011 meeting. Mott, fo erect staff to bring this item back for adoption at the August 16 meeting by wil Member McGorray, second by Council Member Kai. Passed unanimously 6 „0 5: Presentation: Relating to Development Impact fees,' overview ofptate Bill 1525 and its implications for the Town's developmenirpact fees; and Counci ection on whether to have an infrastructure improvement 'A' isory committee or to shit to a biennial certified audit. Presented by Frank Casewl ted at SB 15�5`was adopted this year by the Legislature because there we dame municipalities going too far with impact fees. Some were paying impact fees for pub afety for helicopters and airplanes. The preexisting impact fee std allowed mum to charge for any public service without identifying what a nebe &ark public serve was. So the Legislature essentially decided to prescribe what you 'can do” ow_ryou can do it to avoid all the variations across the state -,, is now a f rly= gid si to deal with, but recognizing A that, the Legislature c�tj� attd towns th1«ee years to °adopt entirely new impact fee ordinances. So all of arana's 1 pact fee on: i ances need to be replaced to conform to SB 1525. That means gip' studs and new infi"4structure improvements plans. On the positive side, Marana is o �olltg impact fees for anything we should not be collecting fat` rmttt realm. A core of the key things that this law will do is it will require us to' lmpaetfee not only for residential but also for commercial and induct 1 uses. For park the tech' f analysis is going to have a significantly lower fee for comii>ial and industrw uses `mother element is that municipalities which adopt a constructs' les tax that's , higher than the general sales tax have to credit that full increment ag e impact f�6. Mr. Cassidy would like feedback from Council tonight is whether to submit tai biennial certified audit or to have an infrastructure improvements advisory committeet committee would consist of people in Marana that we already go to for feedback Stiff is recommending the biennial audit is that it would shorten the time to adopt the impact fees. The committee approach would be more cumbersome. Motion by Vice Mayor Comerford to authorize staff to proceed with a biennial audit in lieu of an infrastructure improvements advisory committee, second by Council Member Ziegler. Passed unanimously 6 -0. Executive Session pursuant to A.R.S. §38- 431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. Regular Council Meeting - August 16, 2011 - Page 98 of 190 3 August 9, 2011 Council Meeting Minutes Motion to go into executive session by Council Member Ziegler, second by Vice Mayor Comerford Passed unanimously 6 -0. l: Executive session pursuant to A.R.S. § 38- 431.03(A)(4) to consider the Town's position and instruct the Town's attorneys regarding a potential settlement of the case entitled Harris v. Town ofMarana, Case No. CV 10 -371 -CRP. Motion by Council Member Post, second by Council Member McGorray to give staff authority to proceed as directed in executive session. Passed 5-1 with Council Member Ziegler voting nay. ADJOURNMENT. Motion to adjourn by Vice Mayor Comerfbrd, second by Council Member McGorray. Passed unanimously 6 -0 at 7.58 p.m. CERTIFICATION ' I hereby certify that the foregoing are the true and f ,minutes of Marana Town Council meeting held on August 9, 2011. I further certify that a quorum present. Jocelyn C. Bronson, Town Clerk �v. w O ni � � f i Regular Council Meeting - August 16, 2011 - Page 99 of 190 4 August 9, 2011 Council Meeting Minutes LAAR ANA 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, August 16, 2011, 7:00:00 PM To: Mayor and Council Item L 1 From: Jocelyn C. Bronson , Town Clerk Strategic Plan Focus Area: Not Applicable Subject: Relating to Liquor Licenses; recommendation to the state liquor board regarding a New Series #10 (Beer and Wine Store) liquor license application submitted by Roger K. Burton on behalf of Giant #628, located at 12030 N. Dove Mountain Boulevard Discussion: This application is for a New Series #10 (Beer and Wine Store) liquor license submitted by Roger K. Burton on behalf of Giant #628, located at 12030 N. Dove Mountain Boulevard. Pursuant to state law, the application was posted at the premises where the business is to be conducted. The posted notice provided that residents within a one -mile radius from the premises may file written arguments in favor of or opposed to the issuance of the license with the Town Clerk's Office within 20 days of the posting. As of August 9th, no written arguments were received by the Clerk's Office for or against the proposed liquor license. The town's Building Safety, Planning and Legal Departments /Divisions have reviewed this application to determine whether the applicant is in compliance with zoning, building and other legal requirements for the business. Additionally, the Marana Police Department has conducted a local background check. All departments found the applicant to be in compliance and have no objections to the issuance of this license. The Town Council must enter an order recommending approval or disapproval of the application within 60 days after filing of the application. By state statute, "in all proceedings before the town council, the applicant bears the burden of showing that the public convenience requires and that the best interests of the community will be substantially served by the issuance of a license." If the Council's recommendation is for disapproval, the order must include an attachment stating the specific reasons for the recommendation of disapproval and including a summary of the testimony or other evidence supporting the recommendation. If the Council enters an order recommending approval of the application, then no hearing before the Arizona state liquor board will take place, unless the director of the DLLC, the liquor board or a resident within a one mile radius from the premises requests a hearing. If the Council enters an order recommending disapproval of the application or does not submit a recommendation to the DLLC within the 60 -day time period, or if the director, board or a resident within a one mile Regular Council Meeting - August 16, 2011 - Page 100 of 190 radius from the premises requests a hearing, then the state board will hold a hearing regarding the application. At the hearing, the state board will consider all evidence and testimony in favor of or opposed to the granting of the license. The decision of the board to either grant or deny an application will normally take place within 105 days after the application has been filed, unless the director of the DLLC deems it necessary to extend the time period. ATTACHMENTS: Name: Description: Type: E] Common_types of_liquor licenses_ (00018233).DOC Descriptions of common types of liquor licenses Backup Material O Use_Form_LGB Recommendation Giant #628.pdf Recommendation Backup Material Staff Recommendation: Staff recommends that an order recommending approval be submitted to the DLLC for this liquor license application. Suggested Motion: OPTION 1: I move to adopt an order recommending approval of a New Series #10 (Beer and Wine Store) liquor license application submitted by Roger K. Burton on behalf of Giant #628, located at 12030 N. Dove Mountain Boulevard. OPTION 2: I move to adopt an order recommending disapproval of a New Series #10 (Beer and Wine Store) liquor license application submitted by Roger K. Burton on behalf of Giant #628, located at 12030 N. Dove Mountain Boulevard. Regular Council Meeting - August 16, 2011 - Page 101 of 190 Department of Liquor Licenses and Control Descriptions of Common Types of Liquor Licenses Series 06 Bar This liquor license is transferable from person to person and/or location to location within the same county only and allows the holder both on- & off-sale retail privileges. This license allows a bar retailer to sell and serve spirituous liquors, primarily by individual portions, to be consumed on the premises and in the original container for consumption on or off the premises. A retailer with off-sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery. Off-sale ("To Go") package sales of spirituous liquor can be made on the bar premises as long as the area of off-sale operation does not utilize a separate entrance and exit from the ones provided for the bar. A hotel or motel with a Series 06 license may sell spirituous liquor in sealed containers in individual portions to its registered guests at any time by means of a minibar located in the guest rooms of registered guests. The registered guest must be at least twenty- one (21) years of age. Access to the minibar is by a key or magnetic card device and not furnished to a guest between the hours of 1:00 a.m. and 6:00 a.m. Monday through Saturday and 1:00 a.m. and 10:00 a.m. on Sundays. This is a quota license, which means there are no "new" Series 06 licenses available. It must be purchased privately and the price is based on availability in the county. Once a Series 06 has been purchased, the buyer must apply for a transfer to have the license put in his or her name, at the same or another location. Series 07 Beer and Wine Bar This liquor license is transferable from person to person and/or location to location within the same county only and allows the holder both on- & off-sale retail privileges. This license allows a beer and wine bar retailer to sell and serve beer and wine, primarily by individual portions, to be consumed on the premises and in the original container for consumption on or off the premises. A retailer with off-sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Off-sale ("To Go") package sales can be made on the bar premises as long as the area of off-sale operation does not utilize a separate entrance and exit from the one provided for the bar. Payment must be made no later than the time of delivery. This is a quota license, which means there are no "new" Series 07 licenses available. It must be purchased privately and the price is based on availability in the county. Once a Series 07 has been purchased, the buyer must apply for a transfer to have the license put in his or her name, at the same or another location. Regu% Y�&Eng - August 16, 2011 - Page 102 of 190 Department of Liquor Licenses and Control Descriptions of Common Types of Liquor Licenses Series 09 Liquor Store This liquor license is transferable from person to person and/or location to location within the same county only and allows the holder off -sale retail privileges. This license allows a spirituous liquor store retailer to sell all spirituous liquors, only in the original unbroken package, to be taken away from the premises of the retailer and consumed off the premises. A retailer with off- sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery. S 10 Beer and Wine Store This no 4 e es n �ansferable, ofPsi ' i - i beO _01e i privilleg 146 to sett eran wine (no other spirituous liquors); only 'ih, t t �:&` " "ke"I ' It" Wj jll ,the - I �, 77 the premises-, of the retailer and consu rii6d off the p rpm off safe ,n s je: may,deliVor, spirituout "r- ff, of the 110'e in-con Ot - sale. ne On with .I Payment must �,b'6 no I th,An the time of d6lfV'6ry. OW Series 11 Hotel/Motel This non-transferable, on-sale retail privileges liquor license allows the holder of a hotel/motel license to sell and serve spirituous liquor solely for consumption on the premises of a hotel or motel that has a restaurant where food is served on the premises. The restaurant on the licensed premises must derive at least forty percent (40%) of its gross revenue from the sale of food. The holder of this license may sell spirituous liquor in sealed containers in individual portions to its registered guests at any time by means of a minibar located in the guest rooms of registered guests. The registered guest must be at least twenty-one (21) years of age. Access to the minibar is by a key or magnetic card device and not furnished to a guest between the hours of 1:00 a.m. and 6:00 a.m. Monday through Saturday and 1:00 a.m. and 10:00 a.m. on Sundays. Series 12 Restaurant This non-transferable, on-sale retail privileges liquor license allows the holder of a restaurant license to sell and serve spirituous liquor solely for consumption on the premises of an establishment which derives at least forty percent (40%) of its gross revenue from the sale of food. Failure to meet the 40% food requirement shall result in revocation of the license. ReguI1666otffil "eg - August 16, 2011 - Page 103 of 190 Arizona Department of Uquor Uc nses and Control 80Q-West Wa hington, Sth Floor Phpeni , Arizona, $ fIQ7 t�����liquQr:��� LOCAL I NING BOD RECOMMENDATION MARANA 10103624 CITY 4r ' j -P STATE APPLICATION # PIMA OUNTYOF A.RI t NA. ITY ` VVw,/ U�T4` , 40ER Regu x, At a r1letlr� f the ' — of the pit 1`�rrr�� ourrt (R or eiat} �ca�rel=rt�r� Body) E. marana 161h August 1 01 1 O f held can the day of o the (Owl Wonth gear? Roger Kenneth Burton applicatiilrt of fora license to sell spirituous liquors at 10IQ304 10 the premises described in Ap lfication # Ucense Mass Series was considered a :provided b Tits 4 .R,S <as amended. IT IS THEREFORE ORDERED that the APPUCATtON of Roger Kenneth Burton is here y roco rrmended' a prtrvalldisapgroval a licensee tai feel spirituous liquors of the class, and in the manner designated in the Application. IT IS FURTHER ORDE ED thatarCertified Copy this Order be imm od iatelytr p rintto '°tothe Department ref Liquor Ucense and Control, Licens'l� Division, Phoenix Ari ona> CITY N COUNTYCLERK DATED AT Marta, Aftona This day of May) (Month) (Year) Di bled individuals requiring special 4ctornmodations please call the Department Regular Council Meeting - August 16, 2011 - Page 104 of 190 LA ANA 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, August 16, 2011, 7:00:00 PM To: Mayor and Council Item L 2 From: Jocelyn C. Bronson , Town Clerk Strategic Plan Focus Area: Not Applicable Subject: Relating to Liquor Licenses; recommendation to the state liquor board regarding a Person and Location Transfer Series 7 (Beer and Wine Bar) liquor license application submitted by Bobby D. Newman on behalf of Mike Jacobs Sports Park, located at 6901 W. Casa Grande Highway Discussion: This application is for a Person and Location Transfer Series 7 (Beer and Wine Bar) liquor license submitted by Bobby D. Newman on behalf of Mike Jacobs Sports Park, located at 6901 W. Casa Grande Highway. Pursuant to state law, the application was posted at the premises where the business is to be conducted. The posted notice provided that residents within a one mile radius from the premises may file written arguments in favor of or opposed to the issuance of the license with the Town Clerk's Office within 20 days of the posting. As of August 9th, no written arguments were received by the Clerk's Office for or against the proposed liquor license. The town's Building, Planning and Legal Departments have reviewed this application to determine whether the applicant is in compliance with zoning, building and other legal requirements for the business. Additionally, the Marana Police Department has conducted a local background check. All departments found the applicant to be in compliance and have no objections to the issuance of this license. The Town Council must enter an order recommending approval or disapproval of the application within 60 days after filing of the application. By state statute, "in all proceedings before the town council, the applicant bears the burden of showing that the public convenience requires and that the best interests of the community will be substantially served by the issuance of a license." If the Council's recommendation is for disapproval, the order must include an attachment stating the specific reasons for the recommendation of disapproval and including a summary of the testimony or other evidence supporting the recommendation. If the Council enters an order recommending approval of the application, then no hearing before the Arizona state liquor board will take place, unless the director of the DLLC, the liquor board or a resident within a one mile radius from the premises requests a hearing. If the Council enters Regular Council Meeting - August 16, 2011 - Page 105 of 190 an order recommending disapproval of the application or does not submit a recommendation to the DLLC within the 60 -day time period, or if the director, board or a resident within a one mile radius from the premises requests a hearing, then the state board will hold a hearing regarding the application. At the hearing, the state board will consider all evidence and testimony in favor of or opposed to the granting of the license. The decision of the board to either grant or deny an application will normally take place within 105 days after the application has been filed, unless. the director of the DLLC deems it necessary to extend the time period. ATTACHMENTS: Name: Description: Type: O Descriptions_of common types of liquor licenses_ (00018233).DOC Descriptions of common types of liquor licenses Backup Material O Affidavit _of Posting_Sports_Park.pdf Affidavit of Posting Backup Material O Use_Form_LGB_Recommendation Sports_Park.pdf Local Governing Body Recommendation Backup Material Staff Recommendation: Staff recommends that an order recommending approval be submitted to the DLLC for this liquor license application. Suggested Motion: OPTION 1: I move to adopt an order recommending approval of a Person and Location Transfer Series 7 (Beer and Wine Bar) liquor license application submitted by Bobby D. Newman on behalf of Mike Jacobs Sports Park, located at 6901 W. Casa Grande Highway. OPTION 2: I move to adopt an order recommending disapproval of a Person and Location Transfer Series 7 (Beer and Wine Bar) liquor license application submitted by Bobby D. Newman on behalf of Mike Jacobs Sports Park, located at 6901 W. Case Grande Highway. Regular Council Meeting - August 16, 2011 - Page 106 of 190 Department of Liquor Licenses and Control Descriptions of Common Types of Liquor Licenses Series 06 Bar This liquor license is transferable from person to person and/or location to location within the same county only and allows the holder both on- & off-sale retail privileges. This license allows a bar retailer to sell and serve spirituous liquors, primarily by individual portions, to be consumed on the premises and in the original container for consumption on or off the premises. A retailer with off-sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery. Off-sale ("To Go") package sales of spirituous liquor can be made on the bar premises as long as the area of off-sale operation does not utilize a separate entrance and exit from the ones provided for the bar. A hotel or motel with a Series 06 license may sell spirituous liquor in sealed containers in individual portions to its registered guests at any time by means of a minibar located in the guest rooms of registered guests. The registered guest must be at least twenty- one (21) years of age. Access to the minibar is by a key or magnetic card device and not furnished to a guest between the hours of 1:00 a.m. and 6:00 a.m. Monday through Saturday and 1:00 a.m. and 10:00 a.m. on Sundays. This is a quota license, which means there are no "new" Series 06 licenses available. It must be purchased privately and the price is based on availability in the county. Once a Series 06 has been purchased, the buyer must apply for a transfer to have the license put in his or her name, at the same or another location. Seri 07 B eer and W ine This "I r' from is t ' rferable fro to person to tocation Within, the an saner tartly and,,allows the hok.6r both on- & off-sa retail P'�_n V ges. This license allows a-beer and wine bar re tailer to $611 and serve beer and wine, primarily by indivio portions, to be cohsUmed promises and in .the original container for , consumption on or off the prem #sos= A retailer with off -sale prilyife0es may deliver spirituous' liquor off of the licensed pr ey isas in conn'ection'with a i reta 1 s Off-salej,"To, Go') package sales can be made on'the W premises as lop s the area' -off -sale operation' does not utilize 'a separate, entrance I and exit from the one, pr _Ovided for the bar. Payment'rniust,be made no later than'the time of delivery. This is a quota li*se, whichi'eans there are Series 07 licenses availablie.�„ t must be ', purchased privately and th pace is based on=it the county. 0 pe, .6 a Series 07 has been ,,z,­ h purchased, the bu must apply a transfer to have-the licens I his ye y e-ppjn is or hername, .,,!he same .or,"another location. Regulj6&ptM6"i ij - August 16, 2011 - Page 107 of 190 Department of Liquor Licenses and Control Descriptions of Common Types of Liquor Licenses Series 09 Liquor Store This liquor license is transferable from person to person and/or location to location within the same county only and allows the holder off -sale retail privileges. This license allows a spirituous liquor store retailer to sell all spirituous liquors, only in the original unbroken package, to be taken away from the premises of the retailer and consumed off the premises. A retailer with off- sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery. Series 10 Beer and Wine Store This non-transferable, off-sale retail privileges liquor license allows a retail store to sell beer and wine (no other spirituous liquors), only in the original unbroken package, to be taken away from the premises of the retailer and consumed off the premises. A retailer with off-sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery. Series 11 Hotel/Motel This non-transferable, on-sale retail privileges liquor license allows the holder of a hotel/motel license to sell and serve spirituous liquor solely for consumption on the premises of a hotel or motel that has a restaurant where food is served on the premises. The restaurant on the licensed premises must derive at least forty percent (40%) of its gross revenue from the sale of food. The holder of this license may sell spirituous liquor in sealed containers in individual portions to its registered guests at any time by means of a minibar located in the guest rooms of registered guests. The registered guest must be at least twenty-one (21) years of age. Access to the minibar is by a key or magnetic card device and not furnished to a guest between the hours of 1:00 a.m. and 6:00 a.m. Monday through Saturday and 1:00 a.m. and 10:00 a.m. on Sundays. Series 12 Restaurant This non-transferable, on-sale retail privileges liquor license allows the holder of a restaurant license to sell and serve spirituous liquor solely for consumption on the premises of an establishment which derives at least forty percent (40%) of its gross revenue from the sale of food. Failure to meet the 40% food requirement shall result in revocation of the license. RegulI6lin August 16, 2011 -Page 108 of 190 ARIZONA DEPART1CP, �OF LIQUC C ENSES AND CONTROL 8U0� 11t` or p " Ei k 54 #phi A INC�',� -. Date of Posting: /. f I� `e Pasting Removal: &�� l 1 Newman v Bobby Darrell Applicant Name: Last First Middle 6901 N. Casa Grande Highway Tucson (Marana) 85743 Business Address: Street city zip 07100199 License #• I hereby certify that pursuant to A.R.S. § 4 -201,1 posted notice in a conspicuous place on the premises proposed to be licensed by the above applicant and said notice was posted for at least twenty (20) days. r z� alb Print Name of City /County Official Title Telephone s« Signature Date .1gned Return this affidavit with your recommendation (i.e., Minutes of Meeting, Verbatim, etc) or any other related documents. If you have any questions please call (602) 542 -514.1 and ask for the Licensing Division. Individuals requiring special accommodations please call (602) 542 -9027 LIC011IJ 4rA09 i Regular Council Meeting - August 16, 2011 Page 109 of 190 i Arizona Department of Liquor Uc ses and Control 800 W floor � A Arizori , ail i po , Q1-- 1 LQ AL � lli<l �1 11 lDATION MARAN q? 1 C l T'i� - �lV l CITE A PC I, N COUNTY LINTY OF PIMA, ARIZONA � WNPCOU NTY # X 11 1 1" 1 i MDER eluir At Meeting of the c fi the i <�Qqmy Rep ar or Special} c n i na :loth August 2011 f held art - day oaf the ( ay ) ;aMp tN (!Berl 80bby atr ll''Newnan, application �f for a license to still spirituaa s liquors at €i71001 7 the pret ti es escribed in Application # License Class Series was onsid red a provided by Title A ; AAS, as amended Pobby DArlrpH Nev'Mian, IT 15 TKKFORE ORDERED that the APPLICATION of is herefay recommended for ���resl�isapa>�v�l - license to sell spirituous liquors of - the Mass, and >ri he rrtanner:designated in the Application. IT IS FU RTHER ORDERED that a Certified Cop y f this c ider lie tt triedi tel transmitted to the Department of Liquor Licenses add Contra!, Licensing Division, Phoeni' Arizona. MATED AT This day of (Day y' (month) (Year) Di lddihdivlduats re'q-titr ec'tal accommodaii6tts pl a n th 'b p r ra rrt atc 3ta€s� Regular Council Meeting - August 16, 2011 - Page 110 of 190 .AA 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, August 16, 2011, 7:00:00 PM To: Mayor and Council Item A 1 From: Lisa Shafer , Assistant Planning Director Strategic Plan Focus Area: Not Applicable Subject: P UBLIC HEARIN Ordinance No. 2011.2 Relating to Development; approving a rezoning for Rancho de Mariana of approximately 67.8 acres of land located on the west side of Camino de Mariana, approximately one -half mile south of Tangerine Road Discussion: Sum of Application AMEC Earth aid Environmental, Inc., on behalf of the property owner, requests approval for a change in zoning on approximately 67.8 acres to develop a custom lot single family residential subdivision. This site is generally located on the west side of Camino de Mariana, 0.5 miles south of Tangerine Road in a portion of Section 1, Township 12 South and Range 12 East. The applicant proposes a change of zoning from "C" (Large Lot Zone) to "R -36" (Single Family Residential, 36,000 square foot minimum lot size). The site is bordered by "R -36" zoning on the north and "C" zoning to the west and east. East of the property across Camino de Mariana is unincorporated Pima County property zoned "SR" (Suburban Ranch, 144,000 square foot minimum lot size). The south property line borders unincorporated Pima County property zoned "GR -1" (Rural Residential Zone, 36,000 square foot minimum lot size). General Plan The 2010 Marana General Plan designates the property as Low Density Residential (LDR, 0.5 2 dwelling units /acre). The proposed "R -36" zoning area with 33 lots would create 0.5 dwelling units /acre bringing this property into compliance with the intent and density requirements for the LDR land use designation. Land Use The tentative development plan proposes a 33 lot custom single family residential subdivision with an average lot size of 54,153 square feet. Common Area "A" designates approximately 21.3 acres of open space. Access to the proposed subdivision will be provided by a public loop road with 2 access points off of Camino de Mariana. Two of the proposed home sites (lots 1 & 2) share an access drive onto Camino de Mariana. All of the access from Camino de Mariana has been reviewed and currently deemed acceptable by the Town's Traffic Engineering. There is currently an active Qwest cell tower that is on the site. It will remain until such time as an agreement is made to remove the tower. The developer will be re- vegetating portions of the Regular Council Meeting -August 16, 2011 - Page 111 of 190 property that were previously disturbed including the cell tower area when removed. Due to the high resource value of the vegetation in this area and the desire to create a Sonoran Desert quality of life, a maximum allowable site disturbance of 30% will be imposed on the rezoning area (as is imposed on adjacent properties to the north). There are no existing public sewers in the area, so septic systems are proposed to serve this property. However, the owner /developer will install sewer lines if, at the time improvement plans are prepared for this property, public sewers are available within the distance where hookup is required. In addition, at the time of preliminary plat the developer shall provide the Planning Department with a cost benefit analysis regarding the extension of sewer service (traditional [gravity] and innovative systems such as a low- pressure system) with the installation of the septic systems. This property is not in the current water service area of Tucson Water or Marana Water. The Town of Marana and the City of Tucson entered into an intergovernmental agreement that allows the Marana Utilities Department to enter into a "wheeling agreement" with Tucson Water to provide extensions of water service within the town limits of Marana. Under a wheeling agreement, the Marana Utilities Department would purchase water from Tucson Water and would take delivery at a Tucson Water system interconnect. The Marana Utilities Department would then serve customers using water delivered through the interconnect, and would charge a water commodity rate adjusted upward to cover both the Tucson Water commodity cost and the Marana Utilities Department cost. If the owner /developer wishes for the Rancho De Mariana project to be served using this approach, the owner /developer will need to enter into a water service agreement with the Marana Utilities Department, and will be required to pay all infrastructure costs for the interconnect and the water line extension. Unless extended by a further amendment, the Marana/Tucson intergovernmental agreement is currently scheduled to terminate on December 13, 2012. All on -site utilities will be placed underground including overhead power lines that cross the property. A 15 -foot wide public trail easement with an improved cross - section of 6 -foot wide decomposed granite built to Town of Marana standards will be provided by the master developer but maintained by the subdivision's home owner association. Schools and Impact Fees The property owner has voluntarily agreed to a contribution of $1,200 per dwelling unit payable to the Marana Unified School District by the lot owners at the time of building permit. This development will also be subject to the applicable Park and Northeast Transportation Impact fees. Public Notification A public notice for the hearing was published in the newspaper as well as posted at various locations around the Town. In addition, public hearing notification letters were sent to all property owners within 300 feet of the site. The applicant solicited input from the neighbors via US mail and talked with neighbors with concerns. The Town has not received any letters of concern regarding the project but did receive three phone calls in June from neighbors with concerns about views and traffic. Staff met with an adjacent property owner, Steve Wyly, regarding his concerns. He would like to see 3.3 acre lots, all one -story and no homes fronting on Camino de Marana. The applicant has agreed to restrict all lots fronting Camino de Marana to one story construction. Waiver of Potential Arizon Pr operty Rights Pr Act Compensation Claims To protect the Town against potential claims filed under the Arizona Property Rights Protection Act as a result of changes in the land use laws that apply to the rezoning areas by the Town's adoption of this ordinance, staff requires that the applicant be required to waive any rights to Regular Council Meeting - August 16, 2011 - Page 112 of 190 compensation for diminution in value by execution and recordation of the attached waiver instrument. The Consent to Conditions as a result of changes in the land use laws that apply to the rezoning areas resulting from the approval of this zoning. If the applicant doesn't forward the waiver in time to record it within 90 days after the ordinance is passed, the ordinance becomes null and void, as if no action were ever taken to pass the ordinance. ATTACHMENTS: Name: Description: Type: O Ordinance—Rancho _ de Manana.DOC Ordinance Ordinance O Rancho Legal and_Map.pdf Legal and Map (Exhibit A) Exhibit D PCZ- 10016_Rancho_de_Mafiana Rezoning.. - Rancho de Maiiana Prop 207 Waiver Backup Material 207 Waiver.DOC E] Rancho application.pdf Application Backup Material E] PCZ- 10016_Location_Map.pdf Location Map Backup Material El Rancho_de_Mahana_TDP.pdf Tentative Development Plan Backup Material O FINAL P_Z_REPORT 2.pdf Site Analysis Backup Material Staff Recommendation: Staff recommends approval with the following conditions: 1. Compliance with all provisions of Towns Codes, Ordinances, and policies of the General Plan current at the time of development including, but not limited to, requirements for public improvements. 2. The property owner shall not cause any lot split of any kind without written authorization from the Town of Marana. 3. The Developer shall have completed or shall provide evidence to the Town's satisfaction that Developer has made a diligent effort to complete the process of having the Property annexed into a fire district or otherwise provide for fire protection service prior to approval of the final plat. 4. The subject rezoning site shall be limited to a gross site disturbance of 30 percent. On -site roadways, building envelopes and all existing /proposed utility easements will be counted as disturbance. Building envelopes will be established in the platting process. Septic systems, utilities and walls will be incorporated inside the building envelopes. Minimum building envelope square footage for each lot in the proposed subdivision will be agreed upon by the Planning Director and the Town Engineer during the platting process. 5. This project shall be limited to a maximum of 33 residential lots. 6. This project is located within the Northeast Marana Transportation and Marana Park Benefit Areas, and will be subject to those fees at time of building permitting of each residential structure. 7. The applicant has voluntarily agreed to a $1,200 per dwelling unit contribution to the Marana Unified School District payable by the lot owners at time of building permit. 8. No approval, permit or authorization by the Town of Marana authorizes violation of any federal or state law or regulation or relieves the applicant or the land owner from responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. Appropriate experts should be retained and appropriate federal and state agencies should be consulted to determine any action necessary to assure compliance with applicable laws and regulations. 9. A Native Plant Permit utilizing the plant inventory method shall be required for all proposed disturbed areas including infrastructure and lot improvements prior to the issuance of grading permits. 10. If sewer lines are within the required distance of the project at the time of final platting, Regular Council Meeting - August 16, 2011 - Page 113 of 190 sewer lines will be installed in lieu of septic systems. In addition at the time of preliminary plat the developer shall provide the planning department with a cost - benefit analysis regarding the extension of sewer service (traditional gravity and innovative systems such as a low- pressure system) with the installation of the septic systems. 11. A 15 -foot wide public trail easement will be provided with improvements of a 6 -foot wide decomposed granite trail built by the developers to Town of Marana standards. The approximate location of the trail is depicted on the Tentative Development Plan in the site analysis; the exact location will be determined during the platting process. 12. A home owner's association must be formed to maintain public trails, common areas and optional decomposed granite walking paths in the public rights -of -way. The home owner's association will secure a license agreement for maintenance of walking paths in the rights - of -way. 13. A Sonoran Desert Tortoise Survey will be completed for the rezoning area by a qualified biologist and submitted to the Town of Marana for review and approval prior to the issuance of a grading permit. 14. Prior to the issuance of a grading permit the developer shall provide proof of compliance from the Army Corp of Engineers for all jurisdictional wash disturbances (Section 404). 15. The developer will submit during the platting process a re- vegetation plan of the rezoning area to be reviewed and approved by the Planning Department in order to return previously disturbed areas that are not planned on being disturbed during construction to pre - disturbance conditions including the areas identified on Exhibit II -C.1 of the site analysis. Implementation of the re- vegetation plan will be determined by the Planning Department during the platting process. 16. Prior to preliminary plat approval, the developer will cap and abandon any existing well sites in the rezoning area at the developer's expense and through the Arizona Department of Water Resources abandonment procedures. 17. All lots having frontage on Camino De Mariana will be restricted to one story. Commission Recommendation - if applicable: The Planning Commission held a public hearing on July 27, 2011 and voted 5 -2 to recommend denial. A previous motion to approve failed by a vote of 3 -4. Suggested Motion: OPTION 1: I move to adopt Ordinance 2011.20; approving the Rancho de Mariana Rezoning subject to the staff recommended conditions. OPTION 2: I move to deny Ordinance 2011.20; denying the rezoning for Rancho de Mariana. Regular Council Meeting - August 16, 2011 - Page 114 of 190 MARANA ORDINANCE NO. 2011.20 RELATING TO DEVELOPMENT; APPROVING A REZONING FOR RANCHO DE MANANA OF APPROXIMATELY 67.8 ACRES OF LAND LOCATED ON THE WEST SIDE OF CAMINO DE MANANA, APPROXIMATELY ONE -HALF MILE SOUTH OF TANGERINE ROAD WHEREAS, Matthews Investment Group, L.L.C. and Matthews Family Trust are the property owners of approximately 67.8 acres of land located on the west side of Camino De Manana, approximately one -half of a mile south of Tangerine Road in a portion of Section 1, Township 12 South and Range 12 East, as depicted on Exhibit "A ", attached hereto and incorporated herein by this reference (the "Rezoning Area "); and WHEREAS, the Property Owner has submitted an application to rezone the 67.8 acres from C (Large Lot Zone) to R -36 (single - family residential — minimum lot size of 36,000 square feet); and WHEREAS, the Marana Planning Commission held a public hearing on July 27, 2011, and at said meeting voted 5 -2 to recommend that the Town Council deny the rezoning; and WHEREAS, the Marana Town Council heard from representatives of the owner, staff and members of the public at the regular Town Council meeting held August 16, 2011, and determined that the rezoning should be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: SECTION 1. The proposed rezoning of the Rezoning Area complies with the Town of Marana General Plan. SECTION 2. The Rezoning Area is hereby changed from `C' (Large Lot Zone) to `R -36' (single family residential, minimum lot size of 36,000 square feet). SECTION 3. This rezoning is subject to the following conditions, the violation of which shall be treated in the same manner as a violation of the Town of Marana Land Development Code (but which shall not cause a reversion of this rezoning Ordinance): 1. Compliance with all provisions of Towns Codes, Ordinances, and policies of the General Plan current at the time of development including, but not limited to, requirements for public improvements. 2. The property owner shall not cause any lot split of any kind without written authorization from the Town of Marana. Regu1WftaunMdAeefiag41AuVust 16, 2011 - Page 115 of 190 -1- I 3. The Developer shall have completed or shall provide evidence to the Town's satisfaction that Developer has made a diligent effort to complete the process of having the Property annexed into a fire district or otherwise provide for fire protection service prior to approval of the final plat. 4. The subject rezoning site shall be limited to a gross site disturbance of 30 percent. On -site roadways, building envelopes and all existing/proposed utility easements will be counted as disturbance. Building envelopes will be established in the platting process. Septic systems, utilities and walls will be incorporated inside the building envelopes. Minimum building envelope square footage for each lot in the proposed subdivision will be agreed upon by the Planning Director and the Town Engineer during the platting process. 5. This project shall be limited to a maximum of 33 residential lots. 6. This project is located within the Northeast Marana Transportation and Marana Park Benefit Areas, and will be subject to those fees at time of building permitting of each residential structure. 7. The applicant has voluntarily agreed to a $1,200 per dwelling unit contribution to the Marana Unified School District payable by the lot owners at time of building permit. 8. No approval, permit or authorization by the Town of Marana authorizes violation of any federal or state law or regulation or relieves the applicant or the land owner from responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. Appropriate experts should be retained and appropriate federal and state agencies should be consulted to determine any action necessary to assure compliance with applicable laws and regulations. 9. A Native Plant Permit utilizing the plant inventory method shall be required for all proposed disturbed areas including infrastructure and lot improvements prior to the issuance of grading permits. 10. If sewer lines are within the required distance of the project at the time of final platting, sewer lines will be installed in lieu of septic systems. In addition at the time of preliminary plat the developer shall provide the planning department with a cost - benefit analysis regarding the extension of sewer service (traditional gravity and innovative systems such as a low- pressure system) with the installation of the septic systems. 11. A 15 -foot wide public trail easement will be provided with improvements of a 6 -foot wide decomposed granite trail built by the developers to Town of Marana standards. The approximate location of the trail is depicted on the Tentative Development Plan in the site analysis; the exact location will be determined during the platting process. 12. A home owner's association must be formed to maintain public trails, common areas and optional decomposed granite walking paths in the public rights -of -way. The home owner's association will secure a license agreement for maintenance of walking paths in the rights -of- way. 13. A Sonoran Desert Tortoise Survey will be completed for the rezoning area by a qualified biologist and submitted to the Town of Marana for review and approval prior to the issuance of a grading permit. 14. Prior to the issuance of a grading permit the developer shall provide proof of compliance from the Army Corp of Engineers for all jurisdictional wash disturbances (Section 404). 15. The developer will submit during the platting process a re- vegetation plan of the rezoning area to be reviewed and approved by the Planning Department in order to return previously disturbed areas that are not planned on being disturbed during construction to pre- disturbance conditions including the areas identified on Exhibit II -C.1 of the site analysis. Regu1AdBwun6VdWwtiagG Au 'dust 16, 2011 - Page 116 of 190 -2- Implementation of the re- vegetation plan will be determined by the Planning Department during the platting process. 16. Prior to preliminary plat approval, the developer will cap and abandon any existing well sites in the rezoning area at the developer's expense and through the Arizona Department of Water Resources abandonment procedures. 17. All lots having frontage on Camino De Mariana will be restricted to one story. SECTION 4. This Ordinance shall not be effective until the Town files with the county recorder an instrument (in a form acceptable to the Town Attorney), executed by the Property Owners and any other party having any title interest in the Rezoning Area, that waives any potential claims against the Town under the Arizona Property Rights Protection Act (A.R.S. § 12 -1131 et seq., and specifically A.R.S. § 12 -1134) resulting from changes in the land use laws that apply to the Rezoning Area as a result of the Town's adoption of this Ordinance. If this waiver instrument is not recorded within 90 calendar days after the motion approving this Ordinance, this Ordinance shall be void and of no force and effect. SECTION 5. All Ordinances, Resolutions and Motions and parts of Ordinances, Resolutions, and Motions of the Marana Town Council in conflict with the provisions of this Ordinance are hereby repealed, effective as of the effective date of this Ordinance. SECTION 6. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 16 day of August, 2011. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regu1adflmaiWdAwtia041 Au 'bust 16, 2011 - Page 117 of 190 -3- EXHIBIT A amftO Legal Description Rancho De Mariana Boundary A parcel of land situate within Section 1, Township 12 South, Range 12 East, Gila and Salt River Meridian, Pima County, Arizona. Being more particularly described as follows: Commencing at the NE comer of said Section 1, marked by a found Brass Cap; Thence N 89° 58'23"W, along the north line of said Section 1, being the Basis of Bearings for this description as shown in Book 5 of Surveys at Page 3, a distance of 2636.10 feet to the North one - quarter corner of said Section 1, marked by a found Brass Cap; Thence S 00 05'30" E, along the west line of the NE quarter of said Section 1, a distance of 2647.31 feet to the Center one- quarter corner of said Section 1, marked by a found aluminum capped pipe, RLS 13178, and the TRUE POINT OF BEGINNING; Thence S 89 55' 17" W, along the north line of the SW Quarter of said Section 1, a distance of 1315.69 feet to a found W rebar, tagged RLS 19316; Thence S 00° 03' 52" E, a distance of 1321.55 feet to a found'/" rebar tagged RLS 11373; Thence N 89 56' 06" E, a distance of 1316.99 feet to a found' /" rebar, tagged RLS 11373; Thence S 00 07' 15" E, along the west line of the SE Quarter of said Section 1, a distance of 426.06 feet to the NW'ly Right -of -Way line of Camino De Mariana (30' half width); Thence N 43 35' 19" E, along said NW'ly Right -of -Way, a distance of 1429.29 feet to a found %" rebar, tagged RLS 23942; Thence N 00° 10'44" W, a distance of 713.78 feet to the north line of said SE Quarter, marked by a found' /" rebar, tagged RLS 23942; Thence S 89° 55' 14" W, along said north line, a distance of 986.86 feet to the TRUE POINT OF BEGINNING. Containing a calculated area of 67.83 acres, more or less. Ar 29878 DANNY L. GREEN AMEC Earth & Environmental, Inc. °8! no d 3275 W. Ina Road, Suite 165 Tucson, Arizona 85741 Tel: (520) 219 -4998 EX REB - Fax: (520) 219 -0499 v�aarv.arpec_com Regular Council Meeting - August 16, 2011 - Page 118 of 190 p:% monU^005W0O%03 -05010VauroeyVmurKlmy tegeLdx �r O 3 m z �-f �- a a CL wQL-o p N Z LLJ 0 M F-ZON 0U) (� Z a LLI to l - F a o Q °° m p Z i W a a ¢ rn o_ .�', o N Z 'o U N -i F- w�Zw Z ° �az2N Q Q z�>- m °o Opp -- " z CE zZ r Wm �� �' O wp 1 � tn Q Ld 1=-NZ) O ,o II 0� t l W WN LL O O w Z j `S U) Q N t; 1 WU -000 N 3^. O �F QO InM ~ Q w Q�� vi = O 0) F N W� 000 \O O N�W� W O� m m�w� OQ Y on Q _ U m ❑'OOOO w o F-0wn m�c�N zo = w00� zo Z m QF=M Q!M 3= X � LL. W W UO) - CV U � U W �V ¢U ._mow — Z �; UQ`) O OZ n � I I �Cn 0JQpM Uwe �0 i �0�o LL Q' I L�tn Z U \ _ QQ- i z M I �� ss �Z� . - - - -- Z = W I r — �� - 3„ S 1,L0.00S O is in 00 LL- z o Q 8L`' LL W , - Q F W . .. 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X d F- Z -O Q ND V) i X - a_ Lm I CONSENT TO CONDITIONS OF REZONING AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE NO. 2011.20 MATTHEWS INVESTMENT GROUP, L.L.C., an Arizona limited liability company, and MATTHEWS FAMILY TRUST (together, the "Owners ") own the three parcels of land collectively referred to in this instrument as the "Property," which is particularly described and depicted in Exhibit "A" attached to Marana Ordinance No. 2011.20 (the "Rezoning Ordinance ") and incorporated by this reference in this instrument. The Property is the subject of Town of Marana rezoning case PCZ- 10016, filed on behalf of the Owners. The Owners hereby agree and consent to all of the conditions imposed by the Rezoning Ordinance, including all stipulations adopted by the Marana Town Council in conjunction with the approval of the Rezoning Ordinance, and waive any rights to compensation for diminution in value pursuant to Arizona Revised Statutes § 12 -1134 that may now or in the future exist as a result of the approval of the Rezoning Ordinance. The Owners also consent to the recording of this document in the office of the Pima County Recorder, to give notice of this instrument and its effects to successors in interest of the Property, who shall be bound by it. Dated this 16 day of August, 2011. MATTHEWS FAMILY TRUST MATTHEWS INVESTMENT GROUP, L.L.C., an Arizona limited liability company BY: William Matthews, Trustee BY: BY: Joel M. Matthews, Manager Janett Matthews, Trustee BY: Clint W. Matthews, Manager BY: William Matthews, Manager PDFConvert. 3950.1. PCZ- 10016_Rancho_de_Madana_Rezoning -207 Waiver.DOC Regular Council Meeting - August 16, 2011 - Page 120 of 190 - 1 - STATE OF ARIZONA ) County of Pima ) SS. The foregoing instrument was acknowledged before me on August , 2011, by Joel M. Matthews, Manger Of MATTHEWS INVESTMENT GROUP, L.L.C., an Arizona limited liability company, on behalf of the L.L.C. (Seal) Notary Public STATE OF ARIZONA ) County of Pima ) ss. The foregoing instrument was acknowledged before me on August , 2011, by Clint W. Matthews, Manger of MATTHEWS INVESTMENT GROUP, L.L.C., an Arizona limited liability company, on behalf of the L.L.C. (Seal) Notary Public STATE OF ARIZONA ) County of Pima ) SS. The foregoing instrument was acknowledged before me on August , 2011, by William Matthews, Manger of MATTHEWS INVESTMENT GROUP, L.L.C., an Arizona limited liability company, on behalf of the L.L.C. (Seal) Notary Public STATE OF ARIZONA ) County of Pima ) ss. The foregoing instrument was acknowledged before me on August , 2011, by William Matthews, trustee for the MATTHEWS FAMILY TRUST, on behalf of the trust. (Seal) Notary Public STATE OF ARIZONA ) County of Pima ) ss. The foregoing instrument was acknowledged before me on August , 2011, by Janett Matthews, trustee for the MATTHEWS FAMILY TRUST, on behalf of the trust. (Seal) Notary Public PDFConvert.3950.1.PCZ- 10016_ Rancho _de_ Maiiana_Rezoning -207 Waiver.DOC Regular Council Meeting - August 16, 2011 - Page 121 of 190 -2- PLANNING & I+ NGIN19V [UNG APPLICATION APE OF APPLICAITIO Check Clne El Preliruinary Fiat Final Fiat General Plan Amendment E]Yariance 0 DevelopmeofIlan ❑ S PPP El Landscape Plan 0 Dative Plant Permit Q Specific Plan Atttendment; Conditional Use Permit 0 Rezone/Specific Ilan 0 Annexation 0 Significant Land Use Ch ange 0 Mioor'La Division 0 Water Plant El Improvement Plan (s t ypq in Dgetip&n of Projggt box* C] tither '1 G NE AL CII' D Assessor's Parcel 216 1110, 216040140, 16040180 General flan Designation Low Density Residential Num s.. To be confirmed by sta Gross Area (Acre/Sq. Pty Current Zoning 67.84 Acres 12,95,110 q. pt. Zone To be con trmed b s Development/ProjeatN Rancttt l a s Proposed Zoning' 066 R- Project lovation $ W,: no Mariana, S of Tangerine Rd and W'of Migtgity- Lane Description ofProjeet* Rezoning of tho :atpye parcels in order to provide for thi rty three 1 acre or larger fad. :Property Owner M tthews familyr Trust 1 Matthews investment Group LLC Street Address P.O. Sox 7777712439 W. Wetmore Road I City to Zip Code k Pho t trnber Fax 1'umber P Ivfail Address 857031857135 4? 270.0440 20- 293.1924 onitast a dakotaco t.n t Contact Person ; Je�I Matthews 520-293-0440 Number 1 E -mail 520- 293 -0440 Applicant Matthews investment Group Street Addrim 24,39 W,. Wetmore road City . tote I Zip Code W n ,Number FaxN u ber E-Mail Address AZ 85705 2­2%3­0440 520- 293 -1924 bonitast@dakotacom.net Contact'f'erson Joel Matthews Phone Number 1 E-mail 20- 2933 -0440 Agent/ epresentative AMEG Earth and Environmental treet. duress X275 W Ina Road, itlte 165 . Static Zip Code hone turnber Fax Number E- Mail Address AZ 057,41 52t12T9 -4998 520 - 219 -0499 ada .edwards c amec com Contact Person Town of Marana Busine Adam Ildwairds, PE CFM 106707 License No. A K(i ... ±1�1" PR ? 'B 1t Ci : C I, tine undersigned, certify that all of the facetsset forth in this application, are true the best of inty knowledge and that .I am, either owner of the property or that l have been tn€ltorized in writing by the owner .tc.t"tte this application and checklist. (It"not owner of reeord,.attach ti rittetn authorizatiott from fte owner.) Pr Nam of A . ('cat€t1A 'ent Si a €ure Date 11$55 W, Civic C`e€ttcr Drive, Bldg, A * rana,;AZ 85653 - 7003 *Telephone ($20) 382- 26006f4x (526) 382 -2641 "" Y � �,...� '.. Rancho De Manana MARANA- Rezoning f TOWN CASE PCZ -10016 OF MARANA CrQV Mountain v*�TA r < c> Z G SUBJECT PROPERT Y 5kyr�n h 3:, a F'E'W Q Request 0 900 1800 ft.= Approval to change the zoning of 67.8 acres from "C" to "R -36" in order to build a custom residential subdivision Data Disclaimer: The Town of Marana provides this map information 'As Is' at the request of the user with the understanding that is not.guaranteed to be accurate, correct or complete and conclusions drawn from such information are the responsibility of the user. In no event shall The Town of Marana become liable to users of these data, or an other party, for any loss or direct, indirect, special,incidental or consequential damages, including but not limited to time, money or goodwill, arising from the u' uuadt0 g `- A ug ust 16 2011 - Pa a 123 of 190 h mus Ile 3 i i p � ( a i,a ¢ C �; �,__si 3oa a� Ak ` o o " y a U) z 0 N i Y &. PIP.9 ON 04 O e d P. co o W _N y � � I cc N W, Go " rn cm 9q gg� o dt 7 CD Rill m REZONING REPORT For Parcels 216 -03 -0010, 216 -04 -0140, and 216 -04 -0180 Hereby Known as Rancho De Mariana A Portion of the South Half of Section 1, Township 12 South, Range 12 East G &SRM, Town of Marana, Pima County 67.84 Acres located in Marana, Arizona T.O.M. CASE # PCZ -10016 REOUEST: REZONING FROM "C" TO 66 R -36" Prepared By: 3275 West Ina Road, Suite 165 Tucson, Arizona 85741 (520)- 219 -4998 AMEC Project No. 03- 2005 -010 lst Submittal Date: May 2010 Revised Date: July 2011 Regular Council Meeting - August 16, 2011 - Page 125 of 190 Table of Contents PART I: INVENTORY AND ANALYSIS REQUIREMENTS ................ ............................... 4 I -A: Existing Land Uses ............................................................................ ..............................4 I -B: Topography ........................................................................................ ..............................5 ExhibitI -A. 1: Location Map ............................................................................ ............................... 6 Exhibit I -A.2: Existing Land Uses & Zoning ................................................... ............................... 7 Exhibit I -A.3: Conditional Rezoning Cases ...................................................... ..............................8 Exhibit I- A.4.1: 2007 Town of Marana General Plan ...................................... ..............................9 Exhibit I- A.4.2: 2010 Town of Marana General Plan ..................................... .............................10 ExhibitI -B. 1: Topography .............................................................................. .............................11 I -C: Hydrology ......................................................................................... .............................12 Exhibit I -C. 1: Off -Site Hydrology ................................................................... .............................14 Exhibit I -C.2: On -Site Hydrology .................................................................... .............................15 I -D: Vegetation ......................................................................................... .............................16 ExhibitI -D.1: Vegetation ................................................................................ .............................17 I -E: Wildlife ............................................................................................. .............................18 Exhibit I -E. 1: Site Inventory ............................................................................ .............................19 I -F: Viewshed ........................................................................................... .............................20 Exhibits -F.1: Viewsheds ................................................................................. .............................21 I -G: Traffic ............................................................................................. ............................... 22 ExhibitI -G.1: Traffic ....................................................................................... .............................24 I -H: Recreation and Trails ....................................................................... .............................25 I -I.• Cultural /Archaeological /Historical Resources ............................ .............................25 I -J.• McHarg Composite Map .................................................................. .............................25 Exhibit I -H.1: Recreation and Trails ............................................................... .............................26 Exhibit I -J. 1: McHarg Composite Map .......................................................... .............................27 PART II: LAND USE PROPOSAL ........................................................... ............................... 28 II -A: Project Overview .............................................................................. .............................28 II -B: Tentative Development Plan (TDP) Map ......................................... .............................28 Exhibit 11-B. 1: Tentative Development Plan ................................................... .............................31 Exhibit II -C. 1: Existing Disturbance ............................................................... .............................33 II -C: Existing Land Uses ........................................................................... .............................34 II - -D: Topography ....................................................................................... .............................34 H -E: Hydrology ......................................................................................... .............................34 II-F. Vegetation ......................................................................................... .............................36 II -G: Wildlife ............................................................................................. .............................37 II -H: Viewshed ........................................................................................... .............................37 ExhibitII -F. 1: Buffer Yards ............................................................................ .............................39 ii-L• Traffic ............................................................................................. ............................... 40 II -J.• Public Utilities .................................................................................. .............................41 II -K: Public Service Impacts ................................................................... ............................... 42 II -L: Recreation and Trails ....................................................................... .............................43 II -M.• Cultural, Archaeological and Historical resources ......................... .............................43 Exhibit II -J.• Utility Locations ......................................................................... .............................44 BIBLIOGRAPHY: ...................................................................................................................... 46 APPENDIXLIST: ...................................................................................................................... 47 Proposed Roadway Cross - Sections ................................................................. .............................48 ADTCalculations ............................................................................................ .............................49 FEMAMaps .................................................................................................... .............................50 Regular Council Meeting - August 16, 2011 - Page 126 of 190 2 Rancho De Mariana Application for Rezoning Overview: This rezoning application is a request to rezone three parcels located in the Town of Marana totaling 67.84 acres from Zone C, which is classified as Large Lot Zone. The requested zoning is R -36, Single Family Residential. The parcels`are located in the south '/2 of Section 1, T12S, R12E, on the north side of West Camino de Mariana and west of North Migitty Lane. The neighboring areas are currently undeveloped, but the infrastructure will be constructed to handle small residential housing. The area southeast of Rancho De Mariana is zoned for Suburban Ranch homes; this is a low- density zone. This rezoning would allow for custom homes to be built on 1 acre minimum lots, which would continue the residential trend in the surrounding areas. The rezoning of these parcels conforms to the Town of Marana's general plan and would be compatible with the surrounding land uses. I I Regular Council Meeting - August 16, 2011 - Page 127 of 190 3 Part I: Inventory and Analysis Requirements I -A: Existing Land Uses 1. Site Location. The three parcels are located on the north side of the 4800 to 5000 blocks of West Camino de Mariana, approximately 350 feet west of North Migitty Lane (See Exhibit I -A.1). 2. Existing Land Use. Parcel 216 -03 -0010 and 216 -04 -0180 are currently vacant. Parcel 216 -04 -0140 currently has a cell tower located on the parcel, and the tower will remain on a sixty (60) by sixty (60) foot cell tower site easement (See Exhibits I -A.2 & II -B.1). In addition the cell phone tower is located entirely on a lot which will not be sold until the cell tower is removed and easements abandoned. The existing cell tower belongs to a PCS site agreement under Docket 11701, Page 1381. 3. Surrounding Zoning and Uses: a. Existing Zoning North: R -36 (Single Family Residential - Marana) East: SR (Suburban Ranch -Pima County) South: GR -1 (Rural Residential -Pima County) West: C (Large Lot - Marana) b. Existing Land Use North: Undeveloped land East: Residential housing South: Residential housing West: Undeveloped land Zoning information is summarized in Exhibit I -A.2: Existing Land Uses & Zoning c. Existing housing are one to two story residences within' /4 mile of the site. d. There are no pending rezoning cases within %4 mile of the site. e. There are two conditional rezoning cases approved within' /4 mile of the site: PCZ -01113 Hartman Hills Rezoning Ordinance 2002.18 and PCZ -01115 Tangerine Hills Rezoning, Ordinance 2002.25. Both ordinances approved R -36 zoning with conditions and are shown in Exhibit I -A.3: Conditional Rezoning Cases f. The parcel to the north has an approved preliminary plat and is currently in the final platting stage. The subdivision is called Tangerine Ridge, Lots 1 -61 (PRV- 05135). There are no other approved subdivision plats within' /4 mile of the site. g. The homes that have been constructed within' /4 mile of the project site are all one and two stories custom built homes. Areas that are within' /4 mile north and west of the site are currently undeveloped. 4. There is one onsite well located on Parcel 216 -04 -0140, ADWR# 603014. There are additional wells within 100 feet of the project site. They are as follows: a. North of Site: ADWR# 636676. b. South of Site: ADWR #'s 582323, 211346, 517610, and 547388. This information is also shown in Exhibit I -A.2: Existing Land Uses & Zonin -g. 5. Changing the zoning to R -36, will allow the site to be developed closer to what is displayed in the 2007 & 2010 Marana General Plans Future Development Map. The 2007 Marana General Plan shows the proposed Regular Council Meeting - August 16, 2011 - Page 128 of 190 4 development site and surrounding areas as being Low Density Residential, which has a maximum residences per acre of 3.0 The 2010 Marana General Plan also shows the proposed development site and surrounding areas as being Low Density Residential, but has a maximum residences per acre of 2.0 The proposed site has a RAC of 0.49 which is much lower than both RAC requirements previously mentioned and thus compliant. However, it should be noted that the public voted on the 2010 Marana General Plan on May 17' 2011 and it was passed. Therefore, the requirements of the 2010 Marana General Plan are applicable and the 2007 General Plan exhibit is for reference only. See Exhibits I- A.4.1: 2007 Town ofMarana General Plan & I- A.4.2: 2010 Town ofMarana General Plan I -B: Topography 1. The project site is generally flat and level ground with no major grade changes. The overall slope of the three parcels is sloping down from the northeast corner of parcel 216 -03 -0140 to the southwest corner of parcel 216 -03- 0010. There are no slopes of 15% or greater located on the project site. There are four washes that run through the site; only one of them carries a flow of over 2000 CFS. There are no significant rock outcroppings or topographic features on the project site. The project site is not located in a Hillside Conservation Area. 2. The average cross slope for the project was calculated as shown below following the City of Tucson Development Standard 9- 01.4.0: Formula Used: I *L *0.0023/A where, I = Contour interval L = Combined length of all contour lines in ft 0.0023 = Conversion of square feet into acres x 100 A = Parcel area in acres Parcel Number Contour Interval Length of Contours Area of Parcel Average Cross Slope Feet Acres (Percent 216 -03 -0010 1 foot 90368.88 39.941 5.20 216 -03 -0140 1 foot 63779.27 25.904 5.66 216 -03 -0180 1 foot 2973.32 1.990 4.78 SUM N/A 157121.47 67.835 5.21 Topographic information is summarized in Exhibit I -B.1: Topography i Regular Council Meeting - August 16, 2011 - Page 129 of 190 5 3536 TANGERINE ROAD 36 131 02 0 06 W Z THIS PROJ ANGEL DRIVE (( TOWN OF MARANA PIMA COUNTY TOWN OF MARANA PIMA COUNTY 02 01 01 11,12 CAMINO DEL NORTE 121 LMATKM MAP A PORTION OF THE S 1/2 SECTION 1, T12S, R12E, GSR &M, TOWN OF MARANA, PIMA COUNTY, ARIZONA SCALE: 3 " =1 MILE Exhibit 1 —A.1: LOCATION MAP RANCH DE MEC Ea to & Environmental, Inc. 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X -00-0 D CO { w >z� CJ 0 b •ac nx °�'�� o = .m b I � rb t" F o p Q O -' 1 O r► .� O iA N N U N Z p z �{ v > ° m 1 m C o� m c > m m R. C N `-' ��$ C*' o _ A o N N D m p a� g z MA $ g Q� Z O O o z yNN D m p G 0 LNQi °m > zz g m Z Z 0 0 N > mm Z MIGITIY LANE M > b� _ R- N O O 4 (Q I -F: Viewshed 1. The views from all four sides of the property are as follows: a. North — a view looking north across the property is of the existing desert landscape. The existing cell phone tower and existing overhead power lines can be seen in the background. b. East — a view looking east across the property is of the existing desert landscape and several wash areas with associated desert trees. The existing cell phone tower is partially visible in the background. c. South — a view looking south across the property is of the existing desert landscape, several washes, existing ATV trails, and an existing dirt road. The existing cell phone tower and existing overhead powerlines can be seen in the background. d. West — a view looking west across the property is of the existing desert landscape. The existing cell phone tower is partially visible in the background. Camino De Manana can also be seen in the foreground. e. Northeast — a view looking northeast across the property is of the existing desert landscape, several washes, and an existing road. The existing cell phone tower and existing overhead powerlines can be partially seen in the background. f. Northwest — a view looking northwest across the property is of the existing desert landscape, an old wooden fence, and Camino De Manana in the foreground. The existing cell phone tower and existing overhead powerlines can be seen in the background. g. Southeast — a view looking southeast across the property is of the existing desert landscape, several washes, existing ATV trails, and an existing road. The existing overhead powerlines can be partially seen in the background. It. Southwest — a view looking southwest across the property is of the existing desert landscape, several washes, and Migitty Lane in the foreground. The existing cell phone tower can be partially seen in the background. Due to the relative flatness of the subject parcels and low density of proposed housing there will be no adverse affect on any of these views as maximum disturbance will be limited to 30% total. In addition, all lots that have frontage onto Camino De Manana will be restricted to one story residences so that the viewshed impact is mitigated. 2. The only area that is visible from adjacent off -site locations is the cellular tower currently located on the subject property. The cellular tower will currently remain, but may be removed once lots are being sold and/or developed. The rest of the property is relatively flat and offers no high visibility areas. This information is summarized in Exhibit I -F.1: Viewsheds. Regular Council Meeting - August 16, 2011 - Page 144 of 190 20 � <�\ O 2 \ U) X < \ A L z 2 0 Q � : < « z 2 k / Q� � < � O � x , 5 M ` E � 2. %� O � m o«,` @n � 7 q 0 > A n \k � � I ■ § E,� O c 3 � wn 00--i \ _ § 7G: m _ ;o ! 2 k�s Z > "~ > co � � � � & I -G: Traffic 1. The nearest arterial located next to the proposed development is Tangerine Road which is to the north of the project site. The existing off -site street that connects the proposed development to Tangerine Road is Camino de Mariana. Camino de Mariana is currently classified as a rural collector. The Town of Marana is responsible for maintenance of Camino de Mariana. 2. The major arterial streets located within one mile of the project site are: Tangerine Road, Dove Mountain Boulevard, Camino de Oeste, and Twin Peaks Road. Camino de Mariana east of Twin Peaks Road is classified as a rural collector. a. The existing right -of -way widths are: Tangerine - Varies from 100 to 380 feet Dove Mountain Boulevard -150 feet Camino de Oeste — Varies from 60 to 150 feet Twin Peaks Road — Varies from 60 to 150 feet The proposed right -of -way widths are: Tangerine - Varies from 350 to 400 feet Dove Mountain Boulevard -150 feet Camino de Oeste - 150 feet Twin Peaks Road - 150 feet Camino de Mariana (E of Twin Peaks, rural collector) — 60 feet existing Camino de Mariana (E of Twin Peaks, rural collector) — 60 feet proposed b. The existing and proposed right -of -way widths for the above mentioned arterials all conform to the minimum Town of Marana requirements. c. Tangerine Road, Dove Mountain Boulevard and Twin Peaks Road are maintained by the Town of Marana. Camino de Oeste is maintained by both Pima County and the Town of Marana. Camino de Mariana is maintained by the Town of Marana. d. Tangerine has an existing right -of -way that varies from 100 feet to 380 feet. Camino De Oeste also has an existing right -of -way that varies from 60 feet to 150 feet. e. Tangerine Road is a class I, rural two -lane highway with a maximum daily service volume of 15,600 vehicles per day (vpd) (LOS E), and a posted speed of 50 miles per hour up to 445 feet east of Twin Peaks Road where it changes to 45 mph to the east. Dove Mountain Boulevard is a four lane principal arterial with a maximum daily service volume of 32,900 vpd (LOS E), and a posted speed of 40 mph. From Linda Vista to Turkey Lane, Camino de Oeste is classified as a rural two -lane, class I principle arterial with a maximum daily service volume of 15,600 vpd (LOS E), and a posted speed of 45 mph. From Tangerine Road to Turkey Lane, Camino de Oeste is classified as a rural dirt two -lane highway. Twin Peaks Road is a four lane class I principal arterial with a maximum daily service volume of 32,900 vpd (LOS E), and a posted speed of 45 mph. Camino de Mariana is classified as a rural two -lane collector with a maximum daily service volume of 15,600 vpd (LOS E), and a posted speed of 35 mph. f. The Average Daily Traffic (ADT) for Tangerine Road was last collected in 2011 by the Town of Marana and was 14,600 vpd. The ADT for Dove Mountain Boulevard was last collected in 2011 by the Town of Marana and was 9,500 vpd. The ADT for Camino de Oeste was last collected in April 2008 by Pima County and was 2,711 Vehicles per day south of Turkey Lane. The ADT for Camino de Oeste, Tangerine Road south to Camino Del Norte, was last collected in 2006 by PAG and was 171 vpd. The estimated current ADT for Twin Peaks Road is 7,000 vpd. The ADT for Camino de Marana was last collected in April 2005 by PAG and was 781 vpd. Regular Council Meeting - August 16, 2011 - Page 146 of 190 22 All ADT's listed are the most current as of May 2011. In order to update some of the older ADT data to the current year, a 5% annual average increase was applied to the values previously mentioned. The 2011 updated values are as follows: Camino de Oeste (S of Turkey Ln) — 3,138 vpd Camino de Oeste (Tangerine to Camino Del Norte) — 218 vpd Camino de Mariana — 1,047 vpd g. Tangerine and Camino de Oeste were both repaved as part of a roadway project funded by the Town of Marana. Camino de Mariana and Dove Mountain Boulevard are asphalt -paved roadways. Twin Peaks Road is a newly completed asphalt -paved roadway. h. In the second quarter of 2005, the intersection of Tangerine and Camino de Mariana, as well as both roadways, were improved. In 2010, the Town of Marana extended the Dove Mountain Boulevard alignment south to Camino de Mariana as part of the Twin Peaks Road project. The newly completed roadway was named Twin Peaks Road and extended from the intersection of Dove Mountain Boulevard south to the existing Camino de Mariana alignment and then west to Interstate 10. Camino de Mariana west of the new intersection with Twin Peaks Road was renamed to Twin Peaks Road. 3. There are two major intersections and one minor intersection within one mile that will likely be used by traffic emanating from the proposed development. The first major intersection is located at Tangerine Road and Camino de Mariana. The second major intersection is located at Twin Peaks Road and Camino de Mariana. Both of these intersections will see the heaviest traffic originating from the subject property. A minor intersection that could also see traffic is located at Twin Peaks Road and Desert Falcon Lane. This intersection is classified as minor due to Desert Falcon Lane being a two lane dirt roadway and that it will see minimal increase in traffic. 4. The only roadways within one mile that have a dedicated bicycle path are Twin Peaks Road and Dove Mountain Boulevard. This bicycle path provides one continuous bike path from Dove Mountain to Interstate 10. There are no other existing bicycles or pedestrian pathways located on any of the other streets within one mile of the project site. Tins imoRmATioN is surn iAmizEu nv E rr I -G.1: Tk"mc. Regular Council Meeting -August 16, 2011 - Page 147 of 190 23 _ N z 0 ?- v z 0 z �..� ► <3� w E; I . gam z 3& 3 Q Z \�z Z ` tni � I a �P+ \� I IL < m kZ U m z m r"" Q O V! I S \ � U5 wrW Q W V!< J < a W h tj U) I\ pa�`i U�ca -i3g o:Z O O I CL 3 I \\ t) Wz <L<`y K � � f- O:Y w% I O, U U z w aa ��o.o:o zz O z \ N ON0C7�p F OL) =j W m y � I �\ o q 0WOU I ° W -�� < ♦ OFD <� O z a0N O N Z3 m Z W U , Z V dv <v<$ <Kj=1 0: - 0 ZO Q <<n z!9 M I o 0 < w W nN� � \\ ---------- - - --�— ------r--------- -- ONIM — VYO ------- CC 00 ( 3LS30 „l 1 f � C; as = i �{ N I-: c9 x o w I � 1- Q� V CL > 3 j > > 3 o <` <` <` 0 CD K be X 3 f Q • o O o y Q ;$ u ° c n J' SnO� w�o ( N ::c ooz o °oRw$a z I Q 0J vac m T ° d N < NO C) ILO I C pY `O ° a <O FN< I ++ 2 F Qty cc �< o f I I v I I i i Vj E UF°v v - - - - - - - - - - - - - - - - - - - - - - - - - - - - o 0A�8 NIVINf10Pi 3A00 - I (I21 S)lV3d NMU U I < 1 0 �$ < < Ng < pM 2 0 8 J 7 d 3 I g U. ow 0 W. I `n0 3 ° a� I w O 0 < w I ° r <� o� J p < 1 m 2w ° 3 m j g 0 $ J z o y ep , } 'tn`' m o y M . ryi' 0 U. W z aWOyy�,,py EW`Z ;p+�, I O Q «U z O z O J z fn O2 W5Q K $bi o-ZF ®nC!!! Oz5 z h A IL + z ( SW w K 2 0`'.° w O p W z I a o -g t ° N0� wS Z z O I W X W p p F2 1 �� < < I i z R � 220 N ? I -H: Recreation and Trails 1. The location of surrounding trails, parks, and recreational areas are shown on Exhibit TH. 1: Recreation and Trails There is a fifteen foot public trail easement being dedicated by Final Plat as a part of the Tangerine Ridge development to the north. This trail will be continued through the northwest corner of the property. The exact location of the proposed public trail will be done at the platting stage but the approximate location is shown in Exhibit II -B.1: Tentative Development Plan I -L• Cultural / Archaeological / Historical Resources 1. Tierra Right of Way Services conducted two cultural resource studies that found four isolated site occurrences. These sites are shown in the report from Tierra Right of Way Services, which is located under separate cover All of these sites were determined too insignificant to be eligible for NRHP inclusion. The cultural survey reports from Tierra Right of Way Services can be found under separate cover. 2. The Archaeological letter obtained from the Arizona State Museum is located under separate cover I -J: McHarg Composite Map 1. This map is a combination of the topography, hydrology, and vegetation. The viewsheds can be found in Exhibit I-F.1: Viewsheds The Wildlife information is not shown on this map because there is not enough information to map. This information is summarized in Exhibit I -J.1: McHarg Composite Map. Regular Council Meeting - August 16, 2011 - Page 149 of 190 25 Y tV V) ~ � Q 2 d Q O ( Q I- 0 H 1 o J L z to O a 4 0 w w a w Q Q { z z w 0 2z \� 0 I- Q N J O W Q p H. W w o >W W ~ F r N W ¢ 2 F- m ate° z� W o z g wv, �a UO Z) O F Zo J ry O z• o ui�w i� _ �z O m p 0 I I �-- U of 0 cuga z 0 F-M z� I I I I = Q CL C) o� bavarN -- ¢ F' - -- I fY � I I I I - I I f- I I _ ►�{ w � I W i �W I I ZU 3 1 I I SSOVhBOAMN � - - -- - - - - --L — D O 0M NONNVMS N I a. 2 v 3) > �I o ° off °� I W I a 51 F - wF - 3: { \ I CL WI I Z� 31 - -- - ao p -'- N J - - - T - 00 0 I \I_ 0 I 2E I uj= J I I �� �I o= OWE a -- �-- �`530300NSNgN Z3 p21- � \ Z i \ ¢ < I ¢Z FF Ix w � 7I d W \ 1s NAFI NA00 N fe Z z O pW II v�l \ I �� ir wa m ¢ aQa �w 1 o�n' wmg I v� D z maw �w� �Q I z F09 v ao ¢� \ 1 a in a� I a0 I ¢ vp zd I - 0 0 I 20 F = W 00 ( w0V) m O C9 Z W WNw ta.! I J O B C Z moo O - �titio o w R �a w / o O Q GHWIS N 2Q O1 p C d H f C 4 W J 3 (-) Q na�u O N CL a o Q +' c U C O e O NU as C7 v v U v O v . v O O a o O -z — _ a ' N O 'I V) y O O` En 0 c to c m as o _ a N p N O N N 0 O U m y O 0 Q G 2! 0 c ma c - o N W — p p_ O C 3 to c . N O O O v - O O 6 O O O X .G — of _ O U li Q_ H _f W v .G « O b ''� ♦ ' 0 Z Q W I w o bd C) ��Q ° , C� 11, p >- r WO i 1_ .. O ;t d f uj �V n •. ^-�� 11 � � �� � y ' �� - �,t r A O/ r i t CL 40 0 r * IA N / 46 BN CL 4 r `# a h CL IL N m we d N d G. �- 1 I, �ql U CD IL d, O < O Part II: Land Use Proposal II -A: Project Overview This proposal is to examine and assess the post - developed conditions that will exist after the three parcels of land are rezoned. The three parcels of land being rezoned are: 216 -04 -0180, 216 -03 -0010, and 216 -04 -0140; all parcels of land are adjacent to the parcel with the address of 4848 W. Camino de Mariana. When rezoned, the parcels will be subdivided into thirty -three 1.00 acre minimum lots with a custom -built home located on each, with paved roads that will conform to the Town of Marana Subdivision Street Standards and drainage features required for development. The proposed development will be named Rancho De Mariana. II -B: Tentative Development Plan (TDP) Map A. All boundaries and dimensions of the project site are shown on Exhibit II -8.1: Tentative Development Plan. B. The name and right -of -way width of all adjacent streets and alleys are shown on Exhibit II -B.1: Tentative Development Plan. C. The only existing building on the project site is the cell tower site located within a sixty (60) by sixty (60) foot easement as shown on Exhibit II -B.1: Tentative Development Plan. D. There are several adjacent single family dwellings to the south of the project site. These homes are all one and two stories custom built homes that are below twenty five feet in height. These existing structures are located at least 100 feet from the southern boundary line and will not be affected by the proposed development due to low potential increase in runoff and lot density. E. The existing land use is vacant lot except an existing cell tower and the proposed land use is Single Family Residential for all building activity areas as shown on Exhibit II -B.1: Tentative Development Plan. F. The square footage of the house will not be determined until the lot is sold. Square footages will conform to current building code standards and the maximum lot coverage will not exceed 40% per lot per R -36 zoning criterion. It should be noted that the maximum site disturbance cannot exceed 30% which will lead to a lot coverage which is lower than 40 %. The maximum gradable area for each lot will not exceed the maximum disturbance limit as shown in the TDP. The houses will be constructed on -site as single - family housing, and the density per lot will be one house per one acre minimum. Per R -36 zoning criterion, the maximum height of each house will be 25 feet. However, it should be noted that the lots having frontage onto Camino De Manana will be restricted to one story residences. G. The lot setbacks per R -36 zoning will be as follows: Front - Thirty (30) feet Side - Fifteen (15) feet or Twenty (20) feet for lots. having street frontage on two sides. Rear - Forty (40) feet H. Grading of the project site will be done on an individual lot basis depending on the location of the house that will be built on the lot. The location of the house will not be determined until the lot has been sold. The maximum allowable disturbance for the entire development is thirty (30) percent. The project site currently has existing disturbance due to the existing cell tower and due to nuisance ATV trails. Per a discussion with Bob Clements, Lisa Shafer, and Jennifer Christelman on 1 -11 -10 it was decided that the ATV trails and existing road to cell tower could be revegetated and the corresponding disturbance area could be removed. The revegetation of the existing disturbance areas will be done per Town of Marana standards and be compliant with Town of Marana's Land Use Code. After removing the revegetated area and areas where proposed disturbance overlapped existing disturbance areas it was calculated that there could be a total of 20.35 acres of proposed disturbance in order to meet the 30% overall disturbance requirement. When calculating the disturbance values, see Exhibit II -C.1 an Regular Council Meeting - August 16, 2011 - Page 152 of 190 28 average lot disturbance of 17,500 square feet was used. As shown on ExA&AII -C.1: Existing Disturbance the corresponding overall disturbance came to around 28.82 %. The area of 17,500 square feet was used since it was an acceptable lot grading envelop by the Town of Marana. It is important to note that the proposed disturbance areas per lot will vary to maximize the allowable disturbance but at no time will the 30% overall disturbance area be exceeded. The exact limits of each lot's grading limits will be shown on the final plat in an easily surveyable manner. 1. There will be 4 on -site parking spaces per lot for a total of 132 parking spaces. There is no off -site parking proposed for this development. As mentioned above, there are two lots fronting Camino de Mariana and that require access from Camino de Mariana. These two lots will utilize a shared driveway that will be centered on the shared property line between the lots and shall be built to the Town's standards. At time of platting, the shared driveways shall have private reciprocal access easements by plat. This shared access driveway will also maintain sufficient intersection separation per Town of Marana Street and Subdivision Standards. Several other lots will utilize shared driveways as well. These lots are either located on a curved section of roadway or are adjacent to an existing easement. Therefore, shared driveways were used in an attempt to help with sight visibility issues or to minimize impact to existing utility easements. It is important to note that all access points to Rancho De Mariana are located in a tangent section of Camino de Mariana and there are no concerns in regards to sight distance triangles. J. Screening locations do not apply to the project site. Buffer yards will be used on all sides of the proposed residential subdivision. K. Storage or open land activities do not apply to the project site. L. The landscaping will be natural desert, and will be undisturbed outside of the grading limits. See note H above for description of the proposed grading limits. M. The removal of the existing vegetation will be determined when the locations of the houses are designed. All viable saguaros located in the gradable areas will be either preserved in place or transplanted on -site per the recommendations made by the biological evaluation completed by Tierra Right of Way, found under separate cover N. The location of the proposed utilities will be within the public utility easement that will be along the roadway or within the public road right of way (sewer and water lines). The telephone and electric facilities will be brought onsite via the existing utility easement that runs north and south through the center of the project site as shown in Exhibit II -B.1: Tentative Development Plan. These existing utility easements that transect the project site (Dkt. 4388, Pg. 335 & Dkt. 12366, Pg. 1055) will remain in place. However, the existing electrical and telephone easement (Dkt. 3923, Pg. 112), running East to the existing cell phone tower, will be removed when the cell site lease agreement (Dkt. 11701, Pg. 1381) expires or is cancelled and the improvements are removed by the Developer /Owner/Lessor. At which time, the sixty by sixty foot cell tower site easement will also be removed and easements abandoned. At time of development, all overhead utilities will be placed underground at the developer's expense. In addition, as a condition of Rezone and Preliminary Plat approval, the developer will cap and abandon the existing well -site on parcel 216 -04 -0140, ADWR# 55- 603014, at developer's expense and thru the Arizona Department of Water Resources abandonment procedures. All lots will be served by individual septic systems due to the nearest adjacent sewerage system being a' /o of a mile away, which allows the use of septic systems according to PCDEQ standards. However, if sewer lines are available within the ADEQ stated distance at time of improvement plans than sewer lines will be installed as a part of the improvement plans in lieu of septic systems. The proposed water lines will be located in the proposed right -of -way. See the section on public utilities (II -J) for more information on the point of connection for water facilities. Regular Council Meeting - August 16, 2011 - Page 153 of 190 29 Each custom house will have afire sprinkler system installed. Design of the fire sprinkler system will be done at time of construction. Fire flow will be 1000 gallons per minute for a duration of 120 minutes. Gas service to each individual property will be at the discretion of each home owner. O. All signs will be in proper locations according to the MUTCD and the Town of Marana standards. P. This project will have two types of common area. One common area will be dedicated as Common Area "A" "Open Space" that includes the major drainage areas on -site. There will also be common areas on each lot which will be designated by final plat as "Undisturbed Open Space" and will consist of the lot area that is not graded. The proposed development also designates a fifteen foot trail easement that is located on the northwest corner of the development and which continues the trail that is part of the Tangerine Ridge Subdivision to the north. These features are shown on Exhibitll -B.1: Tentative Development Plan. Q. The scale and north arrow are shown on EWhItll - -B.1: Tentative Development Plan. Regular Council Meeting - August 16, 2011 - Page 154 of 190 30 nw 3Yar5 �.u°w. Y r L r L t 3 ^ <o 1 . . < a rc o ' b=: :t <W a gN 1 ++ Z 22 o- &< 1:. 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Wo N - LL V2 wUe L5 Af Lo CN ,- O� LAI UY 'x M „tit Oft �` N �o ,OD �. �' ♦� 00. w w � 8� w R e o e 4 u p a� � C 1 mr -IyX X X mp Af�i FFFF A o FFyio� S��,F , ' mn F vi >a °v ov ry �m om m z v v ;m NZ A oo q A Q >pl2D' lS �S�j1r Dom O O O D� � > m ;00y D NN to 4 + ...� W� m!°/1 NO mZ AZ m� y A A <� ZN x�m m o n> .'D Z° Zo No �ml0 ZC �•'[ O K m rD �Zlm�ll� CAV f O A mm mD m0 Aj� m om ! 2D D m A Z �m Z >m A \m N Z D e S$ m "F -• DO >Q A o > z >D fN K' ' � z � � S L, ii :., T1 16 8 y � D � m c � > m ! s r N fn N � � v o r p 4� v A r yN N � O N III••••1111 m ; O p J1 P o z� X g •: fig. r y , Z ; � d Xro -��►.� D ?, t Z r . V, i 'J4R F� ` 'Ix . { J f� Y� � s °O o r D > . Z 1 m A %) O Q 0 Z� f+1 o v Yt A>P 2 g y A c 8 N Z w ! / m N I C7 Yu � 2 gy '�• qq _ A Z II -C: Existing Land Uses 1. The zoning boundaries and existing land uses including adjacent properties are shown on Exhihitl -A.2: ExistrrrP Land Uses & Zoning 2. The development proposed for this site will impact the on -site and off -site land uses in the following ways: a. Changing the zoning from Zone C to R -36, will allow the site to be developed closer to what is displayed in the 2007 & 2010 Marana General Plans. The 2007 Marana General Plan shows the proposed development site and surrounding areas as being Low Density Residential, which has a maximum residences per acre of 3_0. The 2010 Marana General Plan also shows the proposed development site and surrounding areas as being Low Density Residential, but has a maximum residences per acre of 2.0 The proposed site has a RAC of 0.49 which is much lower than both RAC requirements previously mentioned and thus compliant. However, it should be noted that the public voted on the 2010 Marana General Plan on May 17` 2011 and it was passed. Therefore, the requirements of the 2010 Marana General Plan are applicable and the 2007 General Plan exhibit is for reference only. See Exhibits I- A.4.1: 2007 Town ofMarana General Plan & I- A.4.2.• 2010 Town of Marana General Plan b. The change in zoning will not have an off -site impact; the adjacent properties to the north and the northeast have already been zoned to R -36, Single Family Residential. The parcels to the immediate south are zoned GR -1 (Rural Residential —Pima County) which has an identical minimum lot area of 36,000 square feet to the proposed zoning of R -36 and have already been developed. In addition a large portion of the parcels to the south have been zoned to R -36 as well. The parcels to the immediate east are zoned as SR, which is Suburban Ranch Residential (Pima County). The immediate parcels to the west are zoned as C, which is large lot; these parcels of land are currently undeveloped. After discussions with neighboring properties, the developer has decided to restrict all lots that have frontage onto Camino De Manana to one story residences. c. The rezoning will impact the on -site land uses by allowing thirty-three single family residential custom homes on 1.00 acre minimum lots to be built. The proposed land use is similar to the neighboring property to the north and south, and the lot density is not significantly higher than that already used by other properties in the surrounding areas. H -D: Topol?ranhy 1. The TDP complements the topographic characteristics that are described in part one of the rezoning report. The roadway grading for this development will be kept at a minimum and will attempt to utilize the existing topography. As for individual lot grading, the only part of the lots that will affect the existing topography are the individual lot grading limits where the custom homes will be built. As mentioned above, the overall proposed disturbance including existing disturbance will not exceed thirty (30) percent of the total site acreage. Since there is a thirty (30) percent disturbance limit, that equates to seventy (70) percent of the site remaining undisturbed and thus limiting the impact to the natural topographic characteristics. 2. The three parcels of land have an average cross slope of 5.21 percent. None of the homes or driveways will encroach onto a slope of greater than 15 percent. 3. The average cross slope will remain unchanged at 5.21 percent after development due to the low density proposed. II -E: Hydrology 1. The TDP will incorporate all information presented in this rezoning report, Part I section C subsection 4. The two largest off -site flows enter the site at the northwest corner of the property, and of those two, only one flows thru the site with the second passing thru the northwest corner and then being conveyed west of the site. The large on- site discharge, which is around 2,600 cfs will only affect lots 29 thru 33. Due to before mentioned lots being Regular Council Meeting - August 16, 2011 - Page 158 of 190 34 adjacent to a natural drainageway, the need for engineered bank protection will be calculated at the platting stage. There are two other natural washes that carry flows of 50 cfs or greater during a 100 year event. These washes run from the northeast of parcel 216 -04 -0140 and flow southwest across the project site. These washes are poorly defined and are subject largely to sheet flow, so no average depth was determined. The remaining areas of land also experience sheet flooding with no average depth determined. The proposed Tentative Development Plan will utilize the existing topography, minimize the drainage crossings, and limit grading activities to a determined grading envelope. The Tentative Development Plan further accounts for these off -site drainages by employing large lot sizes with the gradable areas being located as far away as possible from the natural drainage channels with all lots adjacent to major natural channels having engineered bank protection. In addition, the lots adjacent to major natural drainageways will have building pads elevated a minimum of two feet above the adjacent grade and will extend a minimum of fifteen (15) feet from the proposed building structure. 2. The chosen lot layout will allow all major drainage patterns to continue to flow in the natural existing directions. At the location of walls and streets, wall and curb openings or dip crossings will be provided to allow the water to pass unhindered. All drainageway crossings will use culverts or dip crossings if able to ensure all weather access is maintained and that there will not be greater than one foot raise in the water surface elevation during the 100 -yr storm. Due to the large average lot size, most of the on -site drainage will not be affected and will continue in its natural course. In addition, if detention/retention systems were installed they would likely only intercept about half of the individual lot grading runoff and the proposed right of way runoff which only constitutes a minor portion of the site. Therefore, based on the housing density being less than one unit per acre and in order to preserve the natural drainage patterns we are proposing the use of a fee in lieu of detention/ retention requirements. This fee will be equivalent to the cost of a detention system that would otherwise be constructed for the development to mitigate increased storm water runoff created by the proposed development. Fee to be determined at platting stage, pending approval from Town Engineer. 3. The existing drainage conditions along the downstream property boundary vary. The existing downstream drainage conditions for the large wash that carries over 2,600 cfs include neighboring land that is mainly undeveloped except for one house and of which is still draining in the natural course designated by the topography of the land. The downstream drainage conditions for the smaller washes mentioned above, contains several houses located south of the downstream boundary. At the downstream boundary, there is a dirt road that intercepts the majority of the water from these smaller washes and diverts the water around these existing structures. The existing houses have also been elevated significantly which diverts the rest of the water from these smaller washes around the existing buildings. Due to the large average lot size, most of the on -site drainage will not be affected and will continue in its natural course. In addition, if detention/retention systems were installed they would likely only intercept about half of the individual lot grading runoff and the proposed right of way runoff which only constitutes a minor portion of the site. Therefore, based on the housing density being less than one unit per acre and in order to preserve the natural drainage patterns we are proposing the use of a fee in lieu of detention/ retention requirements. This fee will be equivalent to the cost of a detention system that would otherwise be constructed for the development to mitigate increased storm water runoff created by the proposed development. The cost of this fee will be determined at the platting stage. As previously mentioned, this development will attempt to retain the existing flow patterns of the major washes that currently exist on the site. There are no anticipated impacts to upstream off -site land as the proposed development will no create a hindrance to flow through the site. At time of platting, a more in depth hydrologic & hydraulic analysis will be completed to ensure no adverse impact to both upstream and downstream areas. The existing drainage conditions can be seen in Exldbitl - -B.1: Topography & ExhibitTC.2: On -Site Hydrology. 4. This subdivision is in a FEMA zoneA01(1015K) /A0(1065L), which indicate a depth of 1 to 2 feet and a velocity of three feet per second during a 100 year event. Both FEMA maps are included in the Appendix All building pads will be required to be raised 2 feet above adjacent grade and will extend a minimum of fifteen (15) feet from the proposed building structure based on Title 21 of the Town of Marana Land Development Code. Any building Regular Council Meeting - August 16, 2011 - Page 159 of 190 35 pads located in or near the 100 -year floodplain will have the need for engineered bank protection assessed at time of platting. All engineered bank protection will be designed at the preliminary plat stage when the lot layout is finalized and will be part of the subdivision. The increase generated from the reduction in pervious areas will be minimal and will be mitigated through the use of drainage swales located adjacent to the roadway. Furthermore, due to the low housing density, we are proposing the use of a fee in lieu of detention/retention requirements. According to the jurisdictional delineation completed by Tierra Right of Way there are currently Waters of the United States present on the project site. As part of the proposed tentative development plan there will be a proposed disturbance of approximately 0.30 acres to Waters of the United States. Since this amount of disturbance is below the threshold limit of 0.50 acres a Nationwide Permit 29 will be applied for from the Army Corps of Engineers. Said permit will be applied for during the platting stage as well as preconstruction notification to the Army Corps of Engineers which is a condition of the Nationwide Permit 29. Due to notification to the Corps being required, the cultural resources will have to be reviewed by the State Historic Preservation Office and consultation with U.S. Fish and Wildlife Service for the Lesser Long Nosed Bat will be required before a grading permit can be issued. All 404 and jurisdictional disturbances will be permitted by the developer and will not be left for the individual homeowners. It should be further noted that there is currently existing Waters of the United States disturbance, that as part of the proposed development will be revegetated to the Town's standards. Furthermore, an approved re -ve eg tation plan will be required as a condition of the proposed re- zoning 5. The maximum disturbance allowed for the entire site will be 30 %, which includes all proposed improvements such as roads, drainage areas, utilities, driveways, lot pads, septic and leach field areas. In addition, each lot will be a minimum of one acre in size which corresponds with a low housing density. This all adds up to the fact that the majority of the site will remain undisturbed. By allowing the majority of the site to remain undisturbed, the natural drainage and erosion patterns will continue to occur in their innate manner. Any building grading pads located in or near the erosion hazard setback line will have engineered bank protection. Due to the housing density being less than one unit per acre and in order to preserve the natural drainage patterns we are proposing the use of a fee in lieu of detention/ retention requirements. This fee will be equivalent to the cost of a detention system that would otherwise be constructed for the development to mitigate increased storm water runoff created by the proposed development. This fee will be determined at the platting stage. To conform to FEMA requirements, all lots located in a floodplain will require an Elevation Certificate and a floodplain use permit before a grading permit is awarded. 11 -F: Ve etg ation 1. The TDP only shows the location of the boundaries for each individual lot, the homes that will be built are custom homes and are going to vary from lot to lot. The amount of plants that are going to need relocation will also vary. All viable saguaros, per the biological report completed by Tierra Right of Way, will remain in place or will be transplanted on site to an alternative location. As for the rest of the existing vegetation, the maximum disturbance allowed for the entire site will be 30 %. This means that the majority of the site will remain undisturbed. Currently, the site has an existing disturbance of 6.35% which is due to an existing cellular tower and associated access roads and easements. On the existing site there are also nuisance ATV trails. On 1- 11 -10, AMEC met with the Town of Marana (B. Clements, L. Shafer, J. Christelman) and it was decided that the nuisance ATV trails on site in addition to the cell phone tower disturbance outside of the lot grading limits could be revegetated and removed from the existing disturbance calculation (See Exhi AITC.1) By introducing revegetation, the impact to the existing vegetation is further mitigated. It should be noted that an approved re-vegetation plan will be required as a condition of the proposed re- zoning The hiological report from Tierra Right of Way Services can he found under separate cover. Regular Council Meeting - August 16, 2011 - Page 160 of 190 36 2. The TDP will conform to the Native Plant Ordinance stated in Title 17 of the Land Development Code. The TDP lays out the infrastructure that will service each lot; the homeowner will handle the construction of the individual homes. As mentioned above, all viable saguaros will remain in place or will be transplanted on site to an alternative location. II -G: Wildlife 1. The buffer yard limits are shown on EXHIBIT II -F.1: BUFFER YARDS The buffer yard will be natural desert; the sound level generated by this development will be minimal due to the low housing density proposed. The visibility will not be obstructed by the development due to the shallow existing slopes and the height restriction on the houses. The lighting will comply with the Town of Marana lighting requirements. Using the ITE Manual, the calculated ADT's were determined to be; 26 vehicles for the AM peak hour, 34 vehicles for the PM peak hour and 316 vehicles per day for the weekday traffic volumes. As such, the noise impact from traffic will be minimal due to a sparse ADT load and a low housing density. 2. A natural buffer yard was chosen that has a minimum width of 20 feet and will also be in conformance with Title 17: Landscape Requirements and Title 21: Floodplain and Erosion Hazard Management of the Town of Marana Land Development Code. Screen walls will not be used in this development. The buffer yards will be left undisturbed and all existing plants will be preserved in place. No earthen berms will be constructed. All buffer yards will meet the current design standards as presented in Title 17 and 21 of the Town of Marana Land Development Code. 3. The existing site includes several washes that have Important Riparian Habitat associated with them and most of the remaining site is Xeroriparian Habitat Class C. However, the majority of the Important Riparian Habitats are located inside the Common Area as shown in the Tentative Development Plan. There will be a minimal amount of disturbance to these areas as the majority of proposed grading areas are located outside of the Important Riparian Habitat. The only exception being the one segment located at the northeast corner of Parcel# 216 -04 -0140. The riparian limits can be found in Exhibit I -D.1: Vegetation At the time of platting, when the exact location of individual lot grading areas are known, it will be determined if a Riparian Mitigation Plan will be required as part of this project. 4. Sonoran Desert Tortoises were recently located along Tangerine Road by the Arizona Game and Fish department during a wildlife mortality study. They may occur in the project area. Therefore, a Sonoran Desert Tortoise survey shall be completed on the project site by a qualified biologist. This survey shall be completed and submitted to the Town of Marana for review prior to the issuance of a grading permit. The Sonoran Desert Tortoise survey shall be a condition of this rezoning. 11-H: Viewshed 1. TDP impacts to the Viewshed: a. The average cross slope of the property is 5.21 percent and the maximum build able height of the houses is only 25 feet. The majority of the existing landscaping will be left in its natural, undisturbed state. In addition there will be natural, undisturbed buffer areas on all sides of the proposed development to aid in mitigating changes to the viewsheds. Some of the existing disturbed areas will also be revegetated as discussed in a meeting with Town of Marana on 1 -11 -10 (See Exhibit Ii- -C.1) The revegetation will be done per the Town of Marana landscaping requirements and an approved re-vegetation plan will be required as a condition of the proposed re- zoning In order to further mitigate impacts to the viewshed, the developer has decided to restrict all lots having frontage onto Camino De Manana to one story residences. Taking all of these items into consideration, the views and vistas from off -site adjacent properties will be relatively unchanged. b. This development contains only two areas of high visibility, an existing cell tower and existing power lines located on the subject property. The cell phone tower and cell lease site will remain, however the TDP has Regular Council Meeting - August 16, 2011 - Page 161 of 190 37 been designed to accommodate the entire cell tower and associated cell lease site on one lot. By locating the entire cell tower and cell lease site on one lot it enables the developer to sell the lot at a later date if the tower is removed. As the cell tower is an existing structure, the proposed impact to the viewsheds of leaving the tower in place is unchanged. As for the existing overhead power lines that traverse the site, they will be placed underground as part of this project. Therefore, the impact to the viewshed in regards to the overhead powerlines will be completely removed. See Exhibit I -F.1: Viewsheds for photos of the existing conditions. Regular Council Meeting - August 16, 2011 - Page 162 of 190 38 rn 0 M w a Ct o CL' N n Q Z ¢ -- ---------------- - - ---' tZ �L o _ I D N o W ~ m W N ¢ z 0 W O I p d _ Q oF- rn F-- ! I z \ . ♦♦ W cqm I I CO) �� I<� <cg: o I Z U a' q cl: \ Ir C4 R I a i I zo co \\ � o I z > w I o r ca a Nm Ilk i r L -- — — — — w s N � II -I: Traffic 1. A traffic analysis report will be completed at the platting stage. However, the following traffic information is provided herein: a. The proposed internal circulation is shown in ExllibitII- -B.1: Tentative Development Elan and consists of two roads that gain access from Camino de Mariana. The north access point loops around the site and connects with the south access point. The south access point also has a connector road that bisects the two access points and ends in a cul -de -sac. The connector road intersects with both access points, but has no direct access to Camino de Mariana. In summary, the placement of the two roads provides access to all but two of the lots located within the parcel limits, with only two points of direct access to the main arterial road, Camino de Mariana. These two access points have a separation of approximately 823 feet, which is sufficient according to Town of Marana Street and Subdivision Standards. As mentioned above, there are two lots fronting Camino de Mariana and that require access from Camino de Mariana. These two lots will utilize a shared driveway that will be centered on the shared property line between the lots and shall be built to the Town's standards. This shared access driveway will also maintain sufficient intersection separation per Town of Marana Street and Subdivision Standards. Several other lots will utilize shared driveways as well. These lots are either located on a curved section of roadway or are adjacent to an existing easement. Therefore, shared driveways were used in an attempt to help with sight visibility issues or to minimize impact to existing utility easements. It is important to note that all access points to Rancho De Mariana are located in a tangent section of Camino de Mariana and there are no concerns in regards to sight distance triangles. b. There is no future off -site roadway improvements to Camino de Mariana required as part of this development. Any need for future roadway improvements to Camino de Mariana required due to this development will be evaluated in the traffic study to be prepared at the platting stage of this project. However, there will be a "Northeast Transportation impact fee" at time of building permit. c. Using the ITE Trip Generations Manual, Seventh Edition, land use code of 210, Single - Family Detached Housing, was chosen based on the relevance to this development. Using the ITE Manual, the approximate ADT's were determined to be; 26 vehicles for the AM peak hour, 34 vehicles for the PM peak hour and 316 vpd for the weekday traffic volumes. The projected level of service for the development's public streets is "A," based on the assumptions that the streets are new and traffic will be dispersed due to low housing density and two access points. d. The impact to the surrounding development is projected to be minimal based on the low ADT of the proposed development. The development's daily ADT is only 316 vpd and will be split amongst two access points and a shared driveway. Due to numerous access points that also have excess separation and the low ADT, the impact to neighboring development and streets will be minimum. At the platting stage, a more detailed Traffic Impact Analysis will be performed. e. The main arterial street serviced by the proposed development is Camino de Mariana. The impact to this adjacent street is projected to be minimal based on the maximum daily service volume of Camino de Mariana. Camino de Mariana has a maximum daily service volume of 15,600 vpd, so the impact from this small subdivision is negligible since the development's daily ADT is only 316 vpd. Camino de Mariana is currently estimated to have an ADT of 997 vpd (Calculations in Appendix) so the addition of the traffic generated over the course of the development will still be substantially lower than the maximum daily service volume of Camino de Mariana. At the platting stage, a more detailed Traffic Impact Analysis will be performed. The new public streets being proposed will have a right -of -way width of 46 feet and will follow Town of Marana Street Standard Detail 100 -1. Since the proposed development has a gross density of one residence per acre or less, stabilized granite walking paths will be substituted in lieu of concrete sidewalks. The proposed geometry consists of tangents and horizontal curves, the vertical curves will be minimal because the existing ground is relatively flat. The design speed set for this development is 25 mph. The horizontal curves used on the proposed public streets will also act as a traffic calming device to deter excessive speeding Regular Council Meeting - August 16, 2011 - Page 164 of 190 40 through the subdivision. The development will also use stop controlled intersections when needed. In order to minimalize disturbance to existing easements and negate potential sight visibility issues, several of the internal lots will utilize shared driveways. These shared driveways will be centered on the adjoining lots property lines and will be built to the Town's standards. There will also be two access points into the proposed development, which will split the ADT for the development. Camino de Mariana currently has an existing right -of -way width of 60 feet with two travel lanes and a posted speed limit of 35 mph as stated earlier. Camino de Mariana easily has the capacity to service the proposed development without requiring any improvements. Left and right turn lane warrant calculations were completed for the proposed development and the calculations concluded that no new turn lanes are warranted (Calculations in Appendix) f. Camino de Mariana is the closest street to the proposed development, the size of this development and the current ADT on Camino de Mariana do not currently warrant any off -site improvements. A more in depth Traffic Impact Analysis will be performed at the platting stage. g. Camino de Mariana is under the maintenance of the Town of Marana; the Town of Marana would be responsible for any necessary capital improvements. This information is summarized in Exhibit T G.1: Traffic and calculations are shown in the Appendix 2. The on -site roadways are proposed to be public streets, on which eventually the Town would provide all maintenance. The new public streets being proposed will have a right -of -way width of 46 feet and will follow Town of Marana Street Standard Detail 100 -1. Since the proposed development has a gross density of one residence per acre or less, stabilized granite walking paths will be substituted in lieu of concrete sidewalks. In addition, there are currently no sidewalks along Camino de Marana. Per the geotechnical report Under Separate Cover) a minimum pavement section of 2.5" AC over 4" ABC will be utilized for the proposed roadway. This cross section is shown on the cross section exhibit page under detail A in the appendix. 3. There are currently no proposed bicycle pathways for this development. Since the development has a sparse housing density, as mentioned above, we are not proposing any new sidewalks for this development. As shown on the proposed street cross sections, there will be two ten (10) feet wide public utility and signage easements along the proposed roadway. While this area is dedicated as a public utility and signage easement, it can easily serve as a bicycle pathway or walkway for pedestrians. In addition, the proposed fifteen (15) foot public trail being proposed as part of this project will also serve as a walkway and bicycle pathway for pedestrians. II -J: Public Utilities 1. Sewer - For sanitary sewer, there will be a septic system installed for each of the 33 custom homes. Currently, the nearest adjacent sewerage system is a' /a of a mile away which allows the use of septic systems according to PCDEQ standards (See Exhibit II-J.I). However, if sewer lines are available within a 300 foot distance at time of improvement plans than sewer lines will be installed as a part of the improvement plans in lieu of septic systems. At this time, the exact locations and limits of the septic systems will be done at the platting stage but will be located inside the individual lot grading limits. Since each design will depend on the corresponding house built, the individual septic system design will be completed at the time of development. However, as a condition of this rezoning the owner /developer must secure approval from the Pima Count Department of Environmental Quality to use on -site sewage disposal systems within the rezoning area at the time a tentative plat development In an or request for building permit is submitted for review In addition, these septic systems will also be located out of the 100 -year floodplain limits as shown on Exhibit I -C.2: On -Site H dy rology At the Tentative Plat stage, it will be demonstrated that the lots, as proposed, can accommodate a home site, a primary and reserve on -site wastewater disposal area, while meeting all required setbacks including a hundred (100) foot setback from known wells. The size of the primary and reserve areas shall be determined by on -site soil evaluations and/or percolation testing and shall be designed to accommodate a hypothetical four (4) bedroom Regular Council Meeting - August 16, 2011 - Page 165 of 190 41 home, unless the applicant request limiting the size of the proposed new residence. At the Tentative Plat stage, it will also be demonstrated that percolation tests and boring logs will be conducted to accurately depict soil conditions. This will be done as follows: There shall be a minimum of one percolation test and one boring log per acre, or one percolation test and one boring log per lot for lots larger than one acre. The depth of the boring log will be in accordance with PDEQ standards at the time of testing. 2. Water - Currently, there is no assured water supply or available public water service in the area at this time. Marana Water has water mains located south of the subject property on Camino de Mariana and northwest of the property at the intersection of Dove Mountain Boulevard and Tangerine Road. Tucson Water is located north of the subject property at Tangerine Road and Camino de Mariana (See Exhibit II-J.1). Tucson Water is the closest water utility, but is currently not providing any future or additional water services at this time unless a type 2 agreement is obtained. At the time of platting when Town of Marana CIP projects are further along, a decision will be made in regards to the point of connection for the proposed subdivision. The developer is currently in negotiations with the water utilities regarding water service and the assured water supply will be designated at time of platting. The proposed water main design will be complete in the Plat stage in which a guaranteed 100- year water supply will be chosen. It is important to note that the custom built homes will require fire sprinkler systems to be installed in each house. The required fire flow per NW Fire's direction will be 1000 gallons per minute for a duration of 120 minutes. At the time of development, the well listed as ADWR #603014, located on parcel #216 -04 -0140 will be abandoned at the developer's expense. As a part of this development, potential water conservation practices (i.e. water harvesting, etc.) will be incorporated where feasible or applicable at the platting stage. In addition, potential invasive species mitigation will also be incorporated where feasible or applicable at the plating stage. 3. Gas -Gas service, natural or propane, to each individual property will be at the discretion of each home owner. 4. Electrical & Telephone -The electrical and telephone service will be brought to the subject property via the existing utility easements on the north side of the subject property (Dkt. 4388, Pg. 335 & Dkt. 12366, Pg. 1055). The existing easements will carry electric and telephone services south to the Public Utility Easement as shown in Exhibitll - -B.1 These existing utility easements that transect the project site will remain in place. Parcel 216 -04- 0140 currently has a cell tower located on the parcel, and the tower will remain on a sixty (60) by sixty (60) foot cell lease site (See Exhibit I -A.2). In addition the cell phone tower is located entirely on a lot which will not be sold until the cell tower is removed and easements abandoned. The existing cell tower belongs to a PCS site agreement under Docket 11701, Page 1381. However, the existing electrical and telephone easement that runs east to the existing cell phone tower (Dkt. 3923, Pg. 112) will be abandoned when the cell tower lease site (Dkt. 11701, Pg. 1381) is abandoned by the developer /owner. At time of development, all overhead utilities will be placed underground at the developer's expense. For actual electric service, Trico Electric will be the provider. For actual telephone services, Qwest will be the provider. II -K: Public Service Impacts 1. There is a subdivision that is located less than a mile north of the project site that is currently served by police, fire, and sanitary pick -up services. Due to only 33 custom homes being proposed and close proximity to existing services, the impact to each of the public services will be minimal. The proposed development does not currently lie within the service boundaries of NW Fire however; home will require fire sprinkler systems that will reduce impact on fire services. Prior to the submittal of the Development Plan, the developer shall contact Georgeann Hackenbracht at NW Fire and shall engage in the annexation process. 2. This development is located in the Marana School District. There are 15 elementary schools within a six -mile radius of the site; of which three are private institutions and the remaining are public. There are three middle schools within a six -mile radius of the site, one of which is a private school and the rest are public. There are six high schools within the six -mile radius of the project site, three of which are private institutions, and the rest are Regular Council Meeting - August 16, 2011 - Page 166 of 190 42 public. Due to the numerous amounts of schools available, the impact imposed by 33 custom homes will be negligible. There are several parks located within a 3 -mile radius of the project site. Arthur Pack Regional Park is a large park; the impact to this park will be minimal considering the small size of the proposed development. The Tortolita Preserve is to the north of the project site and is also upstream; and as such there will be no impact to this park. Other parks will also not see an impact from this development due to the small size of the proposed development. II -L: Recreation and Trails 1. According to the Town of Marana Land Development Code Title 6, an on -site recreational area is not required due to the small number of lots and low density of the development. Each home at the time of building permit will be required to pay the most currently adopted "Park Impact" fee. 2. All ownership of the natural/ modified open areas will reside with the Homeowner's Association. 3. There is a fifteen foot public trail easement being dedicated by Final Plat as a part of the Tangerine Ridge development to the north. This trail will be continued through the northwest corner of the property. The exact location of the proposed public trail will be done at the platting stage but the approximate location is shown on the tentative development plan. II -M: Cultural. Archaeological and Historical resources 1. There were only four locations on the site where cultural artifacts were found, and all were determined to be isolated occurrences. No measures are needed to protect these locations. If any human remains or funerary items are discovered anywhere during construction, or at any time, all work must stop in the area of the remains and the Arizona State Museum Repatriation Coordinator must be contacted immediately at (520) 621 -4795, pursuant to A.R.S. 41 -865. 2. With the four locations being isolated occurrences they will not need to be incorporated into the development. 3. Two archaeological surveys have been performed on this site, and the reports from these surveys are provided under separate cover The studies showed that no measures are needed for the site. The reports from Tierra Right of Way Services can he found under separate cover. Regular Council Meeting - August 16, 2011 - Page 167 of 190 43 N 0 O I W W Z o t- ~ ~ O ors O Z g H C11- U O Q W < r� Lli C) z C14 W 3: of Q J O z �N W f= 0-1 O z U O rn D (n � J � W Q z (o I N LLI W (n W 0 U) J �_ 2Z S N Q W < LL- J Q 8 W W W � W O O i z —� LL- Q W Z Z W O a W Q f—Z O U L.Li _ J D O�� o. d Z LLJ Q� a- (n F- _Q COQ 1- p r-:5_ mw U a w l Q C " ) X O Q i w (2- cl:� Of iL I w U) Z : Li Q; I M W '� O .�� LU O, U L LLI z IL k v 0 34 Oi Wd i 'r zLNSZ J 31S3O 30 ONIhbO . o 31530 } 34 ONIWdO LL LU z O S J O LLJ �M W O ��O N �; I W + _Q :: / p _ w� HO II F o ¢ /, zU 7Z U o U C� U LLJ fn En W Li a a i s NfdlNflOW 3AOfl ObO�f S11�13d'' NIMI�'— W. —� i� x CL Q - -ti, v a a z l 0 N F M o v p . 2OA330 z0 Z �� +x� _ _ W W of W _. .. ..._ ..,aa w V) r � U) y " c W F Q O Z a — c WDWF - Q wW W� c .miO., f)O'ZZ) (n o O J — C Lac < L) W 'a cy- JP - I - L `zF a HQ L amz L;j Z —ap _m F'W W d W 3E Wc O= N N (n Cn O O H af U O - U -- -: (if Iy L Q Q Z L w w •N Q' J U Z z N N Q (n s F- O Lil w O Q \ af O Q F - Q z N z ® LLJ Lil Z O (n z Q W W 2z Li (n Q o_ of Q Q F- F- LL- J Q = _N W w o w � W z p �F-: w ~— N Ji w L Q LA O U W ° I o of w -1 O Of w 0 = oz ° o F d a z <t v c(f) F- — O o a 1 I m w v a °a z w F- Q 0 ® X O Q � F ® I W 0- �3 Q W; mm r � W ° r, Z Q Z (O„ ro N o o f z a w w j w Z, , z o Z Y - > Z 0 O ... .. . ..... p }- Z a f ( 6 _....,.. W Z. (�j t � — `_ .w- �......-- ssVa•.,.. 3 u� N Q (n j (� }; UJ W W W 3 e W 31S30 30 ONINVO ZIMSZ :11S30 30 ONIW` O 0 31530 30 ONIWb 0 ¢ UJ w w w ZZKZ C-4 LO C ED I rr j f ' Q {mob ao M Q J A. pq M U) (O N W W w o 9 w a ZZ Z.. �. V �t7 U Q xs` w a I 3 (n N Z Q -_ Z Z O Odd2I' Sxtf3d NIMl -r te` N z 1Nnoyl "3!100 w ( z ' v 3 J z I, o("' o p NO 83>1030 a o U w z o < z O . 2 a i✓ _ U U U q� w w w w . V) N V) ONb o w . , W Zq:3 c � o- c � N c = c w a Q n'n�a Bibliography: Contributors: Adam Edwards, AMEC Earth & Environmental Darin Miller, AMEC Earth & Environmental Tim Jordan, Tierra Right of Way Renee Ericson, Tierra Right of Way Dave Taylor, Tierra Right of Way Pete Salonga, Oracle Engineering References: Tierra Right of Way; Camino de Mariana Residential Development Biological Evaluation; May 29 2009 Tierra Right of Way; Approved Preliminary Jurisdictional Delineation; Application# SPL- 2009 - 00464 -MB. Town of Marana, Subdivision Street Standards Manual, March 2004 Edition Town of Marana; Land Development Code; March 1995 Edition; Revised July 2003 City of Tucson & Pima County; Standard Details for Public Improvements; 2003 Edition City of Tucson; Standards Manual for Drainage Design -and Floodplain Management in Tucson, Arizona; December 1989 Pima County Department of Transportation & Flood Control District City of Tucson; Stormwater Detention/Retention Manual ITE Trip Generation Manual, 7 Edition. Regular Council Meeting - August 16, 2011 - Page 170 of 190 46 Appendix List: 1. Proposed Cross - Sections 2. ADT Calculations 3. FEMA Maps Regular Council Meeting - August 16, 2011 - Page 171 of 190 47 s <W o Q a x e gy OD �� O •� QO < Z V Q W �u i ma �N �o V m Q'' r g. i a p 4S W g •fZN . � O t aK W v '., r }W F WW �- t J J 2 � z Z In << °wm Z N U mO mQ� Z W U z aIt z a az az 20 t o � � 0 Z_ N K � Z N W IIJ� U) / O C) ( � m � O Z LLJ 2 r 3 w i w Ix Z < io N__ N to uj - M k L �< rK %yo JZ a Z N � � ' a N Q cV m LL in In LLJ r^ } f V�� / V W t..L F_yi0W is rz F UW� zl�` Z,n Q<< yII@ 4 N Qy U�ZW g� Y U W LL :. G Z O K 2 g 2 �� Z O Z U 9 o ^ U } 0 ~ U a �z Q a (,)o gN WX W r x< ono n.� WX w OUO gm W n. OR CD x m Q mo m O N e <(), v)(3) d N K A cv �° S rc ADT Calculations 2010 ADT UPDATE CALCULATIONS Years to Assumed Annual Update, Growth, Existing Arterial Last ADT Year ADT n i 2010 ADT Camino De Oeste, South of Turkey Lane 2008 2711 3 0.05 3,138 Camino De Oeste, Tangerine Road S to Camino Del Norte 2006 171 5 0.05 218 Camino De Manana 2005 781 6 0.05 1,047 Formula Used 2010 ADT = Last ADT (1 + i) "where: I 1 = 0.05 annual growth n = Numbers of years til 2011 LEFT TURN LANE WARRANT DWELLING LT UNITS ACCESS POINTS TURNS 33 2 8.25 POSTED MAX LT LT TURN SPEED LIMIT ADT VOLUME WARRANTED 35 1,047 75 NO RIGHT TURN LANE WARRANT DWELLING RT UNITS ACCESS POINTS TURNS 33 2 8.25 POSTED MAX RT RT TURN SPEED LIMIT ADT VOLUME WARRANTED 35 1,047 100 NO Regular Council Meeting - August 16, 2011 - Page 173 of 190 49 FEMA Mans Nlap04019C 1065L — Regulatory Authority e 4 . !oMS #6 •Y f'I6� Regular Council Meeting - August 16, 2011 - Page 174 of 190 50 Map04019C 1015K — Current Map ZONE AO T12S (DEPTH 2) VELOCITY 6 FPS HOLLYWOOD BOULEVARD I APPROXIMATE SCALE IN ILET 1000 0 1000 PIMA COUNTY UNINCORPORATED AREAS 040073 WON FLOOD INSURANCE PROGRAM I, FIRM ®t �- F1000 INSURANCE RATE MAP P l PIMA COUNTY, ARIZONA AND INCORPORATED AREAS Y PANEL 1015 OF 470 ROT P nRTEp, 5 COdiAINR. COMMNM MLR.IBER PPNa 9JFFIX � ?�t FI iuctnCwaEO SFF+s aamn xa t jfVE[�}GCt�" s FFSI { NAP NUMBER !. 0401901015 K EFFECTIVE DATE: FEBRUARY 0, 1999 � ZONE X' � z — Federal EnteTgenq Managemem Ag y i 1nae pRici9 copy MlTOnLne. portanof -s ,ap relerenaedfl odmapl wm extractetl us n9 F -MIT Thi map does nIX reneIX ctksngs ar amendments which may have been matle subsequent to tha tlate an the �- bUe dock Forthe latest product l P M about Net onel Flood Inwranea .;XY(i11Tp rogram oad FE maps oM1eck the MA Read Map Store at vnvw. mac Tema. gov Regular Council Meeting - August 16, 2011 - Page 175 of 190 51 AAA 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, August 16, 2011, 7:00:00 PM To: Mayor and Council Item A 2 From: Lisa Shafer , Assistant Planning Director Strategic Plan Focus Area: Not Applicable Subject: Ordinanc No 201 1.21_: _Relating to Development; approving a modification to the rezoning conditions of Ordinance 2007.01 Discussion: History On February 6, 2007 the Town Council adopted Ordinance 2007.01, which rezoned 11.9 acres of land located one -half mile north of Sunset Road on the west side of Silverbell Road from "R- 144" to "R -36 ". This ordinance requires that the existing structures in the Rezoning Area be removed prior to final plat approval. Two modular buildings with septic systems are currently on the property (see attached photo). Request The property owners are requesting a change in condition #17 of Ordinance 2007.01. Condition #17 requires removal of the existing structures from the Rezoning Area "prior to plat approval "; the owners are requesting to change this condition to require removal of existing structures from the Rezoning Area "prior to the issuance of a grading permit ". Financial institutions are more likely to help finance improvements for the Rezoning Area after plat approval. Due to difficult financial times, the owners would like to postpone the major expense of structure removal until additional financing is available after plat approval. The Planning Department sees no negative impact on the development nor the neighborhood by granting this request. ATTACHMENTS: Name: Description: Type: ED Ordinance_Vista de_Luna Condition_Change.doc Ordinance Ordinance O PCM- 11036_Request_letter.pdf Letter of Request Backup Material E] PCM- 11036_Application.pdf Application Backup Material El PCM- 11036_location_map.pdf Location Map Backup Material El P708001 UPG Photo of exisitng structures Backup Material Regular Council Meeting - August 16, 2011 - Page 176 of 190 D Ordinance_2007.01,pdf Original Ordinance Backup Material Staff Recommendation: Staff recommends a change in condition #17 of Ordinance 2007.01 to require existing structures be removed from the Rezoning Area "prior to the issuance of a grading permit ". Suggested Motion: I move to adopt Ordinance No. 2011.21; approving a modification to the rezoning conditions of Ordinance 2007.01. Regular Council Meeting - August 16, 2011 - Page 177 of 190 MARANA ORDINANCE NO. 2011.21 RELATING TO DEVELOPMENT; APPROVING A MODIFICATION TO THE REZONING CONDITIONS OF ORDINANCE NO. 2007.01 WHEREAS, on February 6, 2007, the Town of Marana adopted Ordinance No. 2007.01 approving the rezoning of 11.9 acres comprised of two parcels located approximately one -half mile north of Sunset Road on the west side of Silverbell Road, within a portion of Section 12, Township 13 South, Range 12 East; and WHEREAS, Silverbell Road, L.L.C. , the owners of the rezoned area, have requested a change in the rezoning condition # 17 of Ordinance No. 2007.01 from requiring existing structure removal prior to final plat approval to requiring existing structure removal prior to issuance of grading permits ; and WHEREAS, the Town Council, at their regular meeting on August 16, 2011 has determined that a change in rezoning condition #17 of Ordinance No. 2007.01 should be approved. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. Condition #17 of Marana Ordinance No. 2007.01 is hereby amended to read as follows: The existing structures shall be removed from the Rezoning Area prior to issuance of grading permits. SECTION 2. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 16 day of August, 2011. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting - August 16, 2011 - Page 178 of 190 pcm- to "Iver6ell KOaJj LLC Pcm "0& 5961 E. Avenida Arrib Tucson, Arizona 870 Cell - 520- 891 -5007 Fax - 520 -615 -1962' smichaeltc@aol.com aol „corn July 27, 201 Town of Marana -- Planning Department 11,555 W. Civic Center Drive Ma a, Arizona 85653 Attn- Kevin Kish -- plarmingl3irector RE-: Vista do Luna Subdivision- Request for C hango of Building Removal Condition 17 of Marana finance No. 2007.01 (Rezoning 6055"N. Silverbell Rwd) Lear Kevin, Silverbell Road LUC successfully rezoned an 11.9 acre parcel' at 6055 N. Silverbell 'Road, Morena ' Ordinance No. 2007M, from 141 to R -36 in February of 2007. 1 personally worked on the rezoning and met with you and the, planning team numerous times for about a year to get this remaing, accotoplished Due to market conditions and various difficulties` with partners and consultants, it has taken s ibgl forever to finalize the platting process- for the 9-lot subdivision we had proposed during the milt press. Fortunately, l have been able to restructure and reorganize the ownership and project so that we are now in the final sta ff of completing the float plat, Our engineer, Derek Roberts of APEX, and our group have beenmorking diligently with Bob Clements at Marana to complete the final plat. One of fhe questions ;I had for Bob ,addressed Condition #47 of the original rezoning ordinance which required the developer to have the existing structures removed from the site prior to final plat approval. This condition creates a huge expense for us ($8K- I OK) which until, we have funding for iztfr structiare:an and development, places an undue financial hardship on our group during these difficult times. Final . plat approval allows us to qualifyfor funding by leading.3r titutions we are considering using and roll the cost of the building removals Into tlte-struction loan. "Therefore, we would. like to explore the possibility of having Condition f#1 chimed W allow tbose structuu3res to be removed aftor final plat approval but before grading permits are issued. Bob indicated bode be and Lisa` Shafer, the, Assistant Planning Director, would support the change but the -request would :haye to be put before the Vlaratta Town Council for final approval. I have included ,check to Marana for $250.00 which Bob' said was required to g the process started. If there is anything else that may be required or if you have any questions, please let mekno .; Bare hopeful that the planning department and the council understand our situation. o look forward to hearing fiom you, Re tfully, ich l rverbell anager - S Road LLC Regular Council Meeting - August 16, 2011 - Page 179 of 190 PLA WNG & E NGWEER P reliminary Plat final Flat General Plan Amendment OVarlance El Development Plan S PP 1 Plan DNative Plant permit El S pecific Platt Amendment Conditional Use Permit [3 Rezoac/Specifie Plan owitive Plant Exception 0 Significant [And Use Change Minor d Division 0 Water Platt nilox ti n El S pecific Plan � Condition lane turd. 2007.01 improvement P e" t 'tl ra of P €ti cct other 2. O UIRED Assessor's Parcel 2141 106 General: Plan Designation Law Density presidential l ntnber a 1010M511 To be confirtned s Gross Area (Acre/ q. Pt ) 41,012 Ae479,693 gl° Current 'Zoning 9-36 `ct be, confirttied s Development/Project flame 'vista DoUna, lots 149 Prop osed Zoning R-3 Peet tion West of'Sliverbell Rond, North of Silverbell Hills Estates. A' portion of Section 12, Tl I8; i2V and ar vition ofSection 7 TUS, : R1 3 itio t ofrat* pos ed 9 lot subdivision P er Ilv TAIdad L Stre Address $961 P -A 6i rriba City €e Phone Number k�a�c Num - i4d�lt Addms Tuesen ` A 891 -5007` 712 -4623 srtifh m l.co contact petsoA Phone Number I —trial M ike Bryant 520- 91- 007fsiniohaelt aol,cttm Applicant Apex Development Consultants, P 'tree€ lal l�l. lc may t Tity I state 2lp tone Number Fax Number -Mail Address Tucson ° [ AZ$3712 975 -6638 7124623 €lerekroberts(c xdevcon oo m' C ontact Person Phone Number /' mail Derek M, Roberts, P.. 520- 975.6638 kreberts @ap"deveon -c ant A etttT eprese tatl d loptnent Consultants, P.C. street Address 2'I T t lve =975 -6 638 city Mate p b :Pax umbel Mail Add Tttttt 8571272623 Herelcrrbetspetdevcs . cctn ontact Person Town of MammtBnAnes Derek M. Roberts, Px. License Flo. IAA a - O . OR 1, the undersigned, certify that all oftl e fasts set, fort in this application ere true to t1w best of my knowlteop atid.thatfam either the oar o f ife property or that 1 have been by the owner to file this application and e it t f bttt ti t° of record attach written aothorization from the witer «) Print lab of A ll . to ettt i mature D 11555 W. Civic Cent 6 ''Drive, WAS, Al AZ $5653-7003 *Telephone (320) 18 Fax (520) 382 Regular Council Meeting - August 16, 2011 - Page 180 of 190 Condition Modification CASE PCM -11036 "OWN OFMARANX IE IS ,,,e ant tat�f>" Utz vrf 4 p SUBJECT PROPERT N NOL z Request 0 900 1800 ft. " Modification of condition #17 in Rezoning Ordinance 2007.01 Data Disclaimer: The Town of Marana provides this map information'As Is' at the request of the user with the understanding that is not guaranteed to be accurate, correct or complete and conclusions drawn from such information are the responsibility of the user. In no event shall The Town of Marana become liable to users of these data, or a, ' e other party, for any loss or direct, indirect, special,incidental or consequential damages, including but not limited to time, money or goodwill, arising from the us u- aGOUn g ' - Aug 16 2011 - Page 181 of 190 �n =. ��` �� ' �, .. . � t r � ���91 ,, ,�, � i �' 4 Ufa u f �` 5 s, . A ���' y . ; ^ /a w r .. ... ,. n ., m ,:r '. „ .,. .: ` �.� ..>.: a� s,,, � . . �, . >= a �^ F. ANN RODRIGUEZ, RECORDER DOCKET: 12996 RECORDED BY: R_O Of P1 PAGE: 1785 DEPUTY RECORDER -' °o NO. OF PAGES: 6 1861 PE2 a�' � SEQUENCE: 20070350392 SMARA ,! a 02/21/2007 TOWN OF MARANA ORDIN 16:32 ATTN: TOWN CLERK ' 11555 W CIVIC CENTER DR MAIL MARANA AZ 85653 AMOUNT PAID $ 8.50 MARANA ORDINANCE NO. 2007.01 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A MINOR GENERAL PLAN AMENDMENT AND REZONING FOR 6055 N. SILVERBELL ROAD. WHEREAS SILVERBELL R OAD L.L.C. (the "Developer ") owns approximately 11.9 acres located one -half mile north of Sunset Road on the west side of Silverbell Road within a portion of Section 7, Township 13 South, Range 13 East, and Section 12, Township 13 South, Range 12 East, as described on Exhibit "A ", attached hereto (the "Rezoning Area "); and WHEREAS, at a November 15, 2006 public hearing, the Marana Planning Commission voted unanimously to recommend approval of a minor General Plan amendment and rezoning of the Rezoning Area, subject to certain recommended conditions; and WHEREAS, at a February 6, 2007 public hearing, the Marana Town Council determined that the proposed rezoning of the Rezoning Area from "R -144" (Single Family Residential, 144,000 square feet minimum) to "R -36" (Single Family Residential, 36,000 square feet minimum) meets the criteria for a minor amendment to the General Plan and should be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. A minor amendment to the General Plan is hereby approved, changing the land use designation of the Rezoning Area from Industrial /General (IG) to Low- Density Residential (0.6 - 3.0 DU /AC). Section 2. The zoning of the Rezoning Area is hereby changed from "R -144" (Single Family Residential, 144,000 square foot minimum lot size) to "R -36" (Single Family Residential, 36,000 square feet minimum lot size). Section 3. The intent of this rezoning is to allow the use of the Rezoning Area for single family custom homes on large lots. This rezoning is subject to the following conditions, the violation of which shall be treated in the same manner as a violation of the Town of Marana Land Development Code (but which shall not cause a reversion of this rezoning ordinance): 1. The total disturbed area, including all existing disturbance, shall not exceed 36% of the balance of the Rezoning Area after dedication of the Silverbell Road right -of -way (see 'd paragraph 11 below). The method for accounting for this total disturbance shall be determined and established through the subdivision platting process. (00003664.DOC / 3) 1/2612007 9:51 AM Marana Ordinance No. 2007.01 Regular Council Meeting - August 16, 2011 - Page 183 of 190 Page 1 of 4 2. The final design and arrangement of subdivision lots for the Rezoning Area shall be subject to approval by the Town Engineer and the Planning Director in accordance with this Ordinance and all applicable regulations. 3. The Developer shall as part of the subdivision platting process provide the necessary documentation to substantiate the engineering feasibility of placing buildings on and access drives to serve the lots of the proposed subdivision of the Rezoning Area. 4. No homes on the proposal site shall exceed 25 feet in height. Houses located adjacent to Silverbell Road shall be limited to a maximum 18 feet in height and single story to reduce the visual impact of development along Silverbell Road. 5. Any grading within areas of 15% or greater slopes for driveways, walls, or other utilities shall be minimized and require approval by the Planning Director. 6. No area of cut or fill on the Rezoning Area shall exceed a vertical distance of 15 feet, and any area of cut or fill with a vertical distance greater than ten feet shall include planting areas and terraced plant benches as follows: a. a minimum six foot wide planting area at the toe of the exposed slope; and b. a minimum six foot wide terraced plant bench at the ten foot height of the exposed slope; and c. planting areas and plant benches shall extend the length of the exposed slope; and d. the planting areas and plant benches shall be vegetated with plants in conformance with the revegetation standards in Section 18.61.055D.5 of the Pima County Code, which is incorporated here by this reference. 7. All slope and drainage treatments shall be designed and engineered to incorporate natural features. The developer and custom lot builder shall mitigate drainage improvements and slopes with vegetation, natural rock, riprap, textures, and colors characteristic of the natural, onsite desert environment to minimize the negative interface between the built environment and the natural environment. 8. A Native Plant Permit (waiver not acceptable) shall be required for the project infrastructure and for each lot. 9. The property owner shall not cause any lot split of any kind within the Rezoning Area without an approved subdivision plat. 10. The Developer shall complete the subdivision plat process for the Rezoning Area, providing for the development of not more than nine lots served by a road system with a single point of access to Silverbell Road. 11. The Developer shall dedicate, or cause to have dedicated, an additional 45 feet of land to meet the future 150 -foot right -of -way for Silverbell Road. The dedication shall take place 60 days following the effective date of this rezoning. 7' .i 12. The Developer shall dedicate to the Town by subdivision plat a one -foot no access easement (5 along the entire Silverbell frontage of the Rezoning Area as it exists after the Silverbell 100003664.130C / 3 ) 1/26/2007 9:51 AM Marana Ordinance No. 2007.01 Regular Council Meeting - August 16, 2011 - Page 184 of 190 Page 2 of 4 dedication, prohibiting access to Silverbell Road from the Rezoning Area except at the single roadway access referenced in paragraph 10 above. 13. All required parking will be off - street, on site. Each lot shall have provision for two spaces per garage and a minimum of two spaces in the driveway. 14. All required fees of the Marana South Transportation Benefit Area shall be paid by the developer in accordance with Ordinance 2006.12, as it may be amended. 15. All required fees of the Marana Park Benefit Area shall be paid by the developer in accordance with Ordinance No. 2006.12, as it may be amended. 16. Upon completion of the development the developer shall record covenants enforceable by and in a form acceptable to the Town and that run with the land to permanently preserve areas that remain undisturbed. 17. The existing structures shall be removed from the Rezoning Area prior to final plat approval. 18. All existing above - ground electric facilities carrying less than 46kV within and adjacent to the Rezoning Area and any new facilities shall be under- grounded as part of this project. 19. Development of the Rezoning Area shall comply with all provisions of the Town's Codes, Ordinances, and policies of the General Plan, current at the time of any subsequent development, including, but not limited to any requirements for public improvements. 20. No approval, permit or authorization by the Town of Marana authorizes violation of any federal or state law or regulation or relieves the applicant or the land owner from responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. Appropriate experts should be retained and appropriate federal and state agencies should be consulted to determine any action necessary to assure compliance with applicable laws and regulations. Section 4. This Ordinance shall be treated as having been adopted and the 30 -day referendum period established by Arizona Revised Statutes section ( "A.R. S. § ") 19- 142(D) shall begin when the Town files with the county recorder an instrument (in a form acceptable to the Town Attorney), executed by the Developer and any other party having any title interest in the Rezoning Area, that waives any potential claims against the Town under the Arizona Property Rights Protection Act (A.R.S. § 12 -1131 et seq., and specifically A.R.S. § 12 -1134) resulting from changes in the land use laws that apply to the Rezoning Area as a result of the Town's adoption of this Ordinance. If this waiver instrument is not recorded within 15 calendar days after the motion approving this Ordinance, this Ordinance shall be void and of no force and effect. Section 5. All ordinances, resolutions and motions and parts of ordinances, resolutions, and motions of the Marana Town Council in conflict with the provisions of this Ordinance are hereby repealed as of the effective date of this Ordinance. Section 6. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is 7 for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. {00003664.DOC / 31 1/26/2007 9:51 AM Marana Ordinance No. 2007.01 Regular Council Meeting - August 16, 2011 - Page 185 of 190 Page 3 of 4 PASSED AND ADOPTED, subject to the provisions of Section 4 above, by the Mayor and Council of the Town of Marana, Arizona, this 6`" day of February, 2007. fir 1. "caFOwttf % Mayor Ed Honea ATTEST: j Vi�����rd� ° `� APPROV D AS TO FORM: celyn ronson, Town Clerk F c C ' Idy, Town A ey �7 t: 2 ' (00003664.DOC ! 3 ) 1/26/2007 9:51 AM Marana Ordinance No. 2007.01 Regular Council Meeting - August 16, 2011 - Page 186 of 190 Page 4 of 4 i' EXHIBIT "A" For 6055 N. SILVER13ELL REZONING LEGAL DESCRIPTION PCZ -06033 Regular Council Meeting - August 16, 2011 - Page 187 of 190 Exhibit A A portion of Section 7, Township 13 South, Range 13 East and Section 12, Township 13 South, Range 12 East, Gila and Salt River Base and Meridian, Pima County Arizona, described as follows: BEGINNING at the Southeast comer of the Northeast quarter of said Section 12; THENCE North 89°56'OT' West along the South line of said Northeast quarter a distance of 658.22 feet; THENCE North 45 0 00'00" East 967.50 feet to the Southwesterly right -of -way line of Silverbell Road, as shown in Book 3 of Road Maps at Page 9, records of Pima County, Arizona; THENCE South 54 °21'47" East along said right -of -way line a distance of 476.95 feet to a point of curvature of a tangent curve concave to the Southwest; THENCE Southeasterly along said right -of -way line, along the arc of said curve, to the right, having a radius of 924.93 feet and a central angle of 31 °42'00" for an arc distance of 511.74 feet to a point of tangency; THENCE South 22°394T' East, along said right -of -way line a distance of 9.83 feet to the South line of the Northwest quarter of said Section 7; THENCE South 89 0 47'55" West along said South. line a datanco of 731.93 feet to dje. Paint of Beginning. , Regular Council Meeting - August 16, 2011 - Page 188 of 190 I F. ANN RODRIGUEZ, RECORDER DOCKET: 12996 RECORDED BY: K_O of P PAGE: 1784 DEPUTY RECORDER y llr . p NO. OF PAGES: 1 1861 PE2 Ox SEQUENCE: 20070350391 SMARA Ca ��] 02/21/2007 TOWN OF MARANA CONSEN 16:32 ATTN: TOWN CLERK '9$ 11555 W CIVIC CENTER DR MAIL MARANA AZ 85653 AMOUNT PAID $ 8.00 J his document was CONSENT TO CONDITIONS OF REZONING AND T presented for r > INN WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUEifit�Qt'denson ds RESULTING FROM TOWN OF MARANA ORDINANCE NO. 2007.01 SILVERBELL ROAD LLC, an Arizona limited liability company, (the "Owner") owns the land referred to in this instrument as the "Property," which is particularly described in Exhibit A attached to Marana Ordinance No. 2007.01 (the "Rezoning Ordinance ") and incorporated by this reference in this instrument. The Property is the subject of Town of Marana rezoning case number PCZ- 06033, filed on behalf of the Owner, which the Marana Town Council approved with conditions on February 6, 2007 by the adoption of the Rezoning Ordinance. The Owner hereby agrees and consents to all of the conditions imposed by the Marana Town Council in conjunction with the approval of the Rezoning Ordinance and waives any right to compensation for diminution in value pursuant to Arizona Revised Statutes § 12 -1134 that may now or in the future exist as a result of the approval of the Rezoning Ordinance. The Owner also consents to the recording of this document in the office of the county recorder, to give notice of this instrument and its effects to successors in interest of the Property, who shall also be bound by it. Dated this ZD day of February, 2007. SILVERBELL ROAD, LLC, an Arizona limited liability company By: SOSTANZA LLC, an Arizona limited liability company, its managing member By: Noel Earls, its managing member STATE OF ARIZONA ) SS County of Pima ) The foregoing instrument was acknowledged before me on February2007 by Noel Earls, the managing member of SOSTANZA LLC, an Arizona limited liability company, managing I, member of SILVERBELL ROAD LLC, an Arizona limi i Hity company, on behalf of the LLC. My commission expires: o Public g -lfp ,d Diana R Reeves ]NOTARY PU ARI ZONA COUNT Y 100003915 DOC / 2 } W CommissW Expires SepteMber1l.2DIO Regular Council Meeting - August 16, 2011 - Page 189 of 190 AAA = 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, August 16, 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/Intergovernmental Rep regarding all pending state and federal legislation and report on recent meetings of other legislative bodies Discussion: This item is scheduled for each regular council meeting in order to provide an opportunity for discussion of any legislative or regional intergovernmental item that might arise. Periodically, an oral report may be given to supplement the Legislative Bulletins. ATTACHMENTS: Name: Description: Type: No Attachments Available Staff Recommendation: Upon the request of Council, staff will be pleased to provide recommendations on specific legislative /intergovernmental issues. Suggested Motion: Mayor and Council's pleasure. Regular Council Meeting - August 16, 2011 - Page 190 of 190