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MARANA TOWN COUNCIL
REGULAR COUNCIL MEETING
NOTICE AND AGENDA
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, November 1, 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 courtesy to others, please turn off or put in silent mode all pagers and cell phones
Meeting Times
Welcome to this Marana Council meeting. Regular Council meetings are usually held the first and
third Tuesday of each month at 7:00 p.m. at the Marana Town Hall, although the date or time may
change, or Special Meetings may be called at other times and/or places. Contact Town Hall or watch
for posted agendas for other meetings. This agenda may be revised up to 24 hours prior to the meeting.
In such a case a new agenda will be posted in place of this agenda.
Speaking at Meetings
If you are interested in speaking to the Council during Call to the Public, Public Hearings, or other
agenda items, you must fill out a speaker card (located in the lobby outside the Council Chambers) and
deliver it to the Town Clerk prior to the convening of the meeting.
All persons attending the Council meeting, whether speaking to the Council or not, are expected to
observe the Council Rules, as well as the rules of politeness, propriety, decorum and good conduct.
Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from
the meeting and will not be allowed to return.
Accessibility
To better serve the citizens of Marana and others attending our meetings, the Council Chambers are
wheelchair and handicapped accessible. Any person who, by reason of any disability, is in need of
special services as a result of their disability, such as assistive listening devices, agenda materials
Regular Council Meeting - November 1, 2011 - Page 1 of 54
printed in Braille or large print, a signer for the hearing impaired, etc., will be accommodated. Such
special services are available upon prior request to the Town Clerk at least 10 working days prior to
the Council meeting.
Agendas
Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers
or online at www.marana.com. by linking to the Town Clerk page under Agendas, Minutes and
Ordinances. For questions about the Council meetings, special services or procedures, please contact
the Town Clerk, at 382 -1999, Monday through Friday from 8:00 a.m. to 5:00 p.m.
Posted no later than Monday, October 31, 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'SREPORT: SUMMARY OF CURRENT EVENTS
PRESENTATIONS
P l: Relating to Community Development; providing an overview of events that
took place during the October 22, 2011 Neighborhood Clean Up Day (T VanHook)
P 2: Relating to Special Events; review of the 34th annual Marana Founders' Day
Festival event (Josh Wright)
Regular Council Meeting - November 1, 2011 - Page 2 of 54
P 3: Relating to Budget; an update of the Town's financial status of the General
Fund for the first quarter of the 2011 -2012 fiscal year (Erik Montague)
CONSENT AGENDA
The Consent Agenda contains items requiring action by the Council which are generally routine
items not requiring Council discussion. A single motion will approve all items on the Consent
agenda, including any resolutions or ordinances. A Council Member may remove any issue from
the Consent agenda, and that issue will be discussed and voted upon separately, immediately
following the Consent agenda.
C 1: Resolution No. 2011-97:— Relating to Community Development; approving
and authorizing full execution of an intergovernmental agreement with Pima County
for the management and implementation of the 2011 -2012 Community Development
Block Grant program (T VanHook)
C 2: Resolution No. 2011 -98: Relating to Community Development; approving
and authorizing the Town Manager to execute Amendment #1 to Subgrantee
Agreement 10- AZDOHS -HSGP- 777901 -02 between the Town of Marana and the
Arizona Department of Homeland Security, extending the termination date for
receiving funds under the 2010 Urban Area Security Initiative to January 31, 2012
(T VanHook)
C 3: Minutes of the Strategic Plan Council Retreat (October 6 -8) and the October 4
regular meeting
LIQUOR LICENSES
BOARDS, COMMISSIONS AND COMMITTEES
COUNCIL ACTION
A 1: Ordinance No. 2011.26: Relating to Animal Control; amending the Marana
Town Code Title 6 "Animal Control "; modifying the required contents of dog license
tags; providing for an exception to the prohibition of dogs at large for certain service
animals; reclassifying violations of chapter 6 -4, entitled "Cruelty and Neglect of
Animals," as class 1 misdemeanors and revising the penalties for these offenses;
adding new section 6 -4 -3, entitled "Duty to Obtain or Render Aid to Animal Struck
by Vehicle'; modifying various other provisions; and designating an effective date
Resolution No. 2011 -99 Relating to Animal Control; declaring as a public record
filed with the Town Clerk the amendments adopted by Ordinance No. 2011.26 to
Marana Town Code Title 6 "Animal Control," modifying the required contents of
dog license tags, providing for an exception to the prohibition of dogs at large for
certain service animals, reclassifying violations of chapter 6 -4, entitled "Cruelty and
Neglect of Animals," as class 1 misdemeanors and revising the penalties for these
offenses, adding new section 6-4 -3, entitled "Duty to Obtain or Render Aid to
Animal Struck by Vehicle ", and modifying various other provisions (Jane Fairall)
A 2: PUBLIC HEARING: Ordinance No. 2011.27: Relating to Development;
approving and authorizing the Mayor to execute a development agreement with
Republic Services dba Saguaro Waste Services for a waste transfer station in Rancho
Palomitas (Frank Cassidy)
Regular Council Meeting - November 1, 2011 - Page 3 of 54
ITEMS FOR DISCUSSION /POSSIBLE ACTION
D 1: Legislative /Intergovernmental Report: regarding all pending state and federal
legislation and report on recent meetings of other legislative bodies (Gilbert
Davidson)
EXECUTIVE SESSIONS
E l: Executive Session pursuant to A.R.S. §38- 431.03 (A)(3), Council may ask for discussion or
consultation - for legal advice with the Town Attorney concerning any matter listed on this
agenda.
E 2: Executive session pursuant to A.R.S. § 38- 431.03(A)(3),(4) and (7), for
discussion or consultation with the Town's attorneys and to instruct the Town's
representatives concerning (1) the lawsuit entitled Town of Marana v. Pima
County/Pima County v. Marana (consolidated), Maricopa County Superior Court
No. CV2008- 001131, Arizona Court of Appeals No. 1 CA CV 1103 8 1; (2) the
lawsuit entitled Pima County v. Town of Marana, Pima County Superior Court No.
C20116094; and (3) pending legal issues, settlement discussions and contract
negotiations relating to the transition of Marana wastewater collection and treatment
to the Town of Marana
E 3: Executive session pursuant to A.R.S. § 38- 431.03 (A)(4) and (7) to consider the
Town's position and instruct its representatives regarding negotiations for the
possible purchase of certain water and wastewater utility facilities and real property
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 November 1, 2011 - Page 4 of 54
M.A.
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, November 1, 2011, 7:00:00 PM
To: Mayor and Council Item P 1
From: T VanHook Community Development Director
Strategic Plan Focus Area:
Community Building
Strategic Plan Focus Area - Additional Information:
Providing opportunities for staff and volunteers to come together to improve the lives of residents
and beautify neighborhoods is an action step which addresses the strategic goal of create a sense
of community identify and "community place ".
Subject: Relating to Community Development; providing an overview of events that took place
during the October 22, 2011 Neighborhood Clean Up Day
Discussion:
On Saturday October 22, 2011 the Town of Marana partnered with local churches and nonprofit
organizations fora neighborhood cleanup. Volunteers worked on 30 community projects in the
Honea Heights, Marana Estates and Adonis Neighborhoods. Projects included light property
maintenance, painting, landscaping, and general neighborhood cleanup. Volunteers registered
and received work assignments at Ora Mae Ham Park between 7:30 am - 8:00 am. Cleanup took
place between 8:30 am and 12:30 pm. Volunteers then returned to Ora Mae Ham Park for a BBQ
Lunch provided by members of the Church of Jesus Christ of Latter Day Saints.
A "kids coral" was organized by members of the LDS church. Parents dropped off kids between
the ages of 5 and 11 for a day of activities in the park. In addition to water, snacks, and
maintenance and landscaping supplies donated by local businesses, neighbors, and volunteers the
Town provided trash bags, dumpsters, building supplies, water, and light snacks. Volunteers
were asked to wear a hat, sunscreen, gloves, and closed toe shoes. Safety is our number one
priority. The Marana Police Department, VIPS, and Northwest Fire were on hand and a medical
tent was staffed in Ora Mae Ham Park by members of the LDS Church.
Schedule
5:00 am Staff and volunteers began setting up in neighborhoods
6:00 am Staff volunteers begin setting up in Ora Mae Ham Park
7:00 am Registration Staff report to Ora Mae Ham Park (Ramada)
7:30 am Volunteer Registration / Neighborhood Welcome Station set up
8:00 am Welcome Message (Mayor Honea and President Karchner)
8:30 am Neighborhood Cleanup
1:00 pm Celebration - Cookout at Ora Mae Ham Park
Regular Council Meeting - November 1, 2011 - Page 5 of 54
Financial Impact:
Supplies were purchased using CDBG funds and dollars designated for neighborhood cleanup -
projects.
ATTACHMENTS:
Name: Description: Type:
No Attachments Available
Staff Recommendation:
Suggested Motion:
Regular Council Meeting - November 1, 2011 - Page 6 of 54
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11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, November 1, 2011, 7:00:00 PM
To: Mayor and Council Item P 2
From: Josh Wright , Strategic Initiatives Director
Strategic Plan Focus Area:
Heritage
Strategic Plan Focus Area - Additional Information:
The "Heritage" focus area of the Marana Strategic Plan contains multiple initiatives and action
strategies relating to the expansion of Founders Day to a weekend -long event.
Subject: Relating to Special Events; review of the 34th annual Marana Founders' Day Festival
event
Discussion:
Founders' Day is Marana's oldest and most well- attended special event, starting with the
community's incorporation in 1977. The 2011 Founders' Day Festival has been expanded to a
four -day community celebration and involves many partner organizations from throughout
Marana and Southern Arizona.
Staff will make a brief presentation reviewing the 2011 Founders' Day Festival and recognize
supporting and partnering organizations that made the event possible.
ATTACHMENTS:
Name: Description: Type:
No Attachments Available
Staff Recommendation:
Suggested Motion:
Regular Council Meeting - November 1, 2011 - Page 7 of 54
r A.
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, November 1, 2011, 7:00:00 PM
To: Mayor and Council Item P 3
From: Erik Montague Finance Director
Strategic Plan Focus Area:
Commerce, Community Building, Heritage, Progress and Innovation, Recreation
Strategic Plan Focus Area - Additional Information:
"Financial sustainability" is listed as one of the overriding principles which guided the
development of the current Marana Strategic Plan.
Subject: Relating to Budget; an update of the Town's financial status of the General Fund for
the first quarter of the 2011 -2012 fiscal year
Discussion:
Staff will present a summary of the Town's financial status for the fast quarter (July - September)
of fiscal year 2011 -2012.
Please find the General Fund Budget in Brief for September 2011 following this communication
which provides a broad, preliminary overview of the first quarter results for the General Fund.
Financial Impact:
Presentation only.
ATTACHMENTS:
Name: Description: Type:
❑ General Fund in Brief 201109.pdf General Fund Budget in Brief for September 2011 Backup Material
Staff Recommendation:
Presentation only.
Suggested Motion:
Presentation only.
Regular Council Meeting - November 1, 2011 - Page 8 of 54
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MARANA,
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11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, November 1, 2011, 7:00:00 PM
To: Mayor and Council Item C 1
From: T VanHook , Community Development Director
Strategic Plan Focus Area:
Community Building
Strategic Plan Focus Area - Additional Information:
The supply of safe, affordable housing is a basic need in our community. The Town's CDBG
funded Owner Occupied Housing Rehabilitation advances action strategies under the Community
Building focus area by offering alternative funding for the rehabilitation of infrastructure in older
neighborhoods and Colonias.
Subject: Resolution No. 2011 -97: Relating to Community Development; approving and
authorizing full execution of an intergovernmental agreement with Pima County for
the management and implementation of the 2011 -2012 Community Development
Block Grant program
Discussion:
For FY 2011 -2012, the Town of Marana has been awarded $100,000 for its participation in Pima
County's Community Development Block Grant Program. These funds will be distributed from
the County upon approval of the U.S. Department of Housing and Urban Development. This is
an $15,000 decrease from the Town's 2010 -2011 award making it the lowest CDBG award in
Town's history. The decrease continues a trend of cuts that have placed limits on the Town's
ability to provide services to citizens.
Housing Rehabilitation is offered to low - income Marana residents living in owner- occupied
housing. These services include work to repair or replace deteriorated roof systems; repair or
replacement of major heating and cooling systems; connection, repair or replacement of septic
systems; minor miscellaneous services for electrical and plumbing upgrades, insulation, ceiling,
wall, window and door repairs; emergency home repair assistance to alleviate hazardous
conditions that threaten the life and/or health safety of the occupants; and weatherization to help
cut down on utility bills by making repairs to the home that will lower heating cost. Housing
Rehabilitation is being funded for $85,000.
Additional funding of $15,000 has been approved to cover administrative costs associated with
the implementation of the other projects. The IGA will cover equipment and services for these
programs retroactively from July 1, 2011, running through June 30, 2012. Quarterly reports will
be provided to Pima County as a condition of the IGA.
Regular Council Meeting - November 1, 2011 - Page 13 of 54
Financial Impact:
This funding does not require any match or leveraged funding. All services will be provided with
direct cost reimbursement.
ATTACHMENTS:
Name: Description: Type:
❑ Resolution- CDBG With _ Pima County
(00023631 ).DOC Resolution Resolution
Staff Recommendation:
Staff recommends approval of Resolution No. 2011 -97, approving and authorizing full execution
of an intergovernmental agreement with Pima County for the management and implementation of
the 2011 -2012 Community Development Block Grant Program.
Suggested Motion:
I move to adopt Resolution No. 2011 -97, approving and authorizing full execution of an
intergovernmental agreement with Pima County for the management and implementation of
the 2011 -2012 Community Development Block Grant Program.
Regular Council Meeting - November 1, 2011 - Page 14 of 54
MARANA RESOLUTION NO. 2011-97
RELATING TO COMMUNITY DEVELOPMENT; APPROVING AND AUTHORIZING
FULL EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH PIMA
COUNTY FOR THE MANAGEMENT AND IMPLEMENTATION OF THE 2011 -2012
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
WHEREAS the Town of Marana recognizes the need to provide safe affordable housing
and neighborhood infrastructure for its citizens and has applied for Community Development
Block Grant (CDBG) for these purposes; and
WHEREAS Pima County has been awarded funding from the U.S. Department for
Housing and Urban Development under the CDBG program for the 2011 -2012 fiscal year; and
WHEREAS the Town of Marana has been selected as a sub- grantee through Pima
County's proposal process; and
WHEREAS this CDBG award will provide program funding for administrative services
and owner - occupied housing rehabilitation.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, that the Mayor is authorized and directed to fully execute an
intergovernmental agreement with Pima County for the use of CDBG funding for Town of
Marana programs.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 1 s ' day of November, 2011.
Mayor Ed Honea
ATTEST: APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney
Regular Council Meeting - November 1, 2011 - Page 15 of 54 {00023631.130C /}
MA A
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, November 1, 2011, 7:00:00 PM
To: Mayor and Council Item C 2
From: T VanHook , Community Development Director
Strategic Plan Focus Area:
Not Applicable
Subject: Resolution No. 2011 -98: Relating to Community Development; approving and
authorizing the Town Manager to execute Amendment #1 to Subgrantee Agreement
10- AZDOHS - HSGP - 777901 -02 between the Town of Marana and the Arizona
Department of Homeland Security, extending the termination date for receiving funds
under the 2010 Urban Area Security Initiative to January 31, 2012
Discussion:
In November 2011, the Town of Marana executed a Subgrantee Agreement to receive funding
under the Urban Area Security Initiative (UASI) Program to maintain the planner position
established during 2009 as part of the UASI Regional Planning Cooperative. This amendment
extends the termination date of the agreement until January 31, 2012, allowing the Town to fully
spend the award.
The UASI program is managed by the U.S. Department of Homeland Security and administered
by the Arizona Department of Homeland Security. The UASI program focuses on enhancing
regional preparedness in major metropolitan areas. The UASI program directly supports the
National Priority on expanding regional collaboration in the National Preparedness Guidelines
and is intended to assist participating jurisdictions in developing integrated regional systems for
prevention, protection, response, and recovery.
Across the nation, 62 high -risk Urban Areas are eligible for funding under the FY 2009 UASI
program. The Tucson Metropolitan Area is classified as one of these areas (Tucson Urban Areas
Security Initiative - TUASI) and the Town of Marana participates alongside Oro Valley,
Sahuarita, Tucson, South Tucson, Pima County, the Pasqua Yaqui Tribe and the Tohono
O'odham Nation as part of the eight- member TUASI collaborative.
Under a joint planning initiative, TUASI partners have established the Regional Planning
Cooperative to address both the individual needs of local jurisdictions and to create a single body
of trained, focused, and coordinated personnel equipped to create homeland security and
emergency preparedness plans where they are absent, update /complete plans that have not yet
been completed, and deconflict plans across our region. To ensure equal representation and
participation by all partners across the region, the five jurisdictions without full -time planners
have come together to apply for funding under the Homeland Security Grant Program to establish
this cohesive effort.
Regular Council Meeting - November 1, 2011 - Page 16 of 54
The goal of the Regional Planning Cooperative has been to coordinate planning efforts across the
eight TUASI jurisdictions in support of the AZ State Homeland Security initiatives and ensure
equal representation and participation by all partners. TUASI recognizes the need to form a
focused team to mitigate the concerns, threats, and challenges that face our region and
nation. The Regional Planning Cooperative has been coordinating planning efforts across the
eight TUASI jurisdictions to support the AZ State homeland security initiatives.
Financial Impact:
There is no match funding requirement under this program. The extension of this grant will allow
the Town to fully expend the original amount of grant funding for this program.
ATTACHMENTS:
Name: Description: Type:
El Resolution amendment with ADHS
(00028313).DOC Resolution Resolution
O TUASI 777901- Homeland Security Grant 2010 UASI Amendment Exhibit
02 Marana Emergency_Planner_Ext Amendmentdoc #1
Staff Recommendation:
Staff recommends approval of the amendment extending the termination date of the Subgrantee
Agreement with the Arizona Department of Homeland Security for purposes of receiving funds
under the 2010 Urban Area Security Initiative.
Suggested Motion:
I move to adopt Resolution No. 2011 -98, approving and authorizing the Town Manager to
execute Amendment #1 to Subgrantee Agreement 10- AZDOHS -HSGP- 777901 -02 between the
Town of Marana and the Arizona Department of Homeland Security, extending the termination
date for receiving funds under the 2010 Urban Area Security Initiative to January 31, 2012.
Regular Council Meeting - November 1, 2011 - Page 17 of 54
MARANA RESOLUTION NO. 2011-98
RELATING TO COMMUNITY DEVELOPMENT; APPROVING AND AUTHORIZING THE
TOWN MANAGER TO EXECUTE AMENDMENT #1 TO SUBGRANTEE AGREEMENT
10- AZDOHS -HSGP- 777901 -02 BETWEEN THE TOWN OF MARANA AND THE ARIZONA
DEPARTMENT OF HOMELAND SECURITY, EXTENDING THE TERMINATION DATE
FOR RECEIVING FUNDS UNDER THE 2010 URBAN AREA SECURITY INITIATIVE TO
JANUARY 31, 2012
WHEREAS the Town of Marana recognizes its duty to protect its citizens concerning
matters involving Homeland and Border Security; and
WHEREAS the Marana Police Department is working with the Arizona Department of
Homeland Security and other community agencies as a regional partner in the State Homeland
Security Grant Program and the Tucson Urban Area Security Initiative (TUASI); and
WHEREAS the Arizona Department of Homeland Security has awarded grant funding
(CFDA #97.067) for the provision of Emergency Operations Center equipment, personnel
expenses, employee related expenses, supplies, and travel to support Marana's work in
coordination with the TUASI; and
WHEREAS under the 2010 Urban Area Security Initiative the Town of Marana executed
a Subgrantee Agreement (10- AZDOHS -HSGP- 777901 -02) to receive funds in the amount of
$90,000.00 from the Arizona Department of Homeland Security; and
WHEREAS the Arizona Department of Homeland Security has offered an amendment to
the Subgrantee Agreement, extending the termination date from September 30, 2011 to January
31, 2012.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. Amendment #1 to Subgrantee Agreement 09- AZDOHS -HSGP- 777901 -02
between the Arizona Department of Homeland Security and the Town of Marana, attached to and
incorporated by this reference in this resolution as Exhibit A, is hereby approved and the Town
Manager is hereby authorized to execute it for and on behalf of the Town of Marana.
Regu 1 l1hG9Hg l 1tf - A4Y 8W 1, 2011 - Page 18 of 54
{00028313.DOC /}
SECTION 2. The Town's Manager and staff are hereby directed and authorized to
undertake all other and further tasks required or beneficial to carry out the terms, obligations, and
objectives of the Subgrantee Agreement as amended.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 1 s ' day of November, 2011.
Mayor Ed Honea
ATTEST: APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney
Reguly�H994Jg@M%-A4ber 1, 2011 - Page 19 of 54 2
{00028313.DOC /}
SUBGRANTEE AGREEMENT Amendment #1
10- AZDOHS -HSG P- 777901 -02
Between
The Arizona Department of Homeland Security
And
Town of Marana
WHEREAS, A.R.S. § 41 -4254 charges the Arizona Department of Homeland Security (AZDOHS) with the
responsibility of administering funds.
Pursuant to Section XII of the subgrantee Agreement between the Arizona Department of Homeland Security
and the subgrantee the following section of the above referenced Subgrantee Agreement is hereby amended
as follows to extend the period of performance.
Il. TERM OF AGREEMENT TERMINATION AND AMENDMENTS
This Agreement shall become effective on October 1, 2010 and shall terminate on September 30, 2011.
SHALL BE CHANGED TO READ:
This Agreement shall become effective on October 1, 2010 and shall terminate on January 31, 2012.
All other terms of the original Subgrantee Agreement remain effective.
In Witness Whereof, the parties have set their hands to this AMENDMENT as of the day and year herein
indicated and agree that all parties are obligated to follow all terms and conditions of the original subgrantee
agreement and are liable for all funds received by the AZDOHS.
IN WITNESS WHEREOF
The parties hereto agree to execute this Amendment.
FOR AND BEHALF OF THE FOR AND BEHALF OF THE
Town of Marana Arizona Department of Homeland Security
Enter the Name of the Subgrantee above
Authorized Signature above Gilbert M. Orrantia
Gilbert Davidson. Town Manager Director
Print Name & Title above
10 -14 -2011
Enter Date above Date
Vic! l!rritY
Any unauthorized changes to this document will result in termination of this award.
10- AZDOHS -HSGP- 777901 -02
Regular Council Meeting November 1, 2011 - Page 20 of 54 V -08 -01 -AMD#1 Extension Page 1
L: \Homeland \Strategic Planning\REGIONS\FFY08 Grant Workbooks \FFY2008 Grant Awards - online documents \Subgrantee agreementsWmendments
MINUTES OF STRATEGIC PLANN SESSION
October 6, 7 and 8,
ASU SkySong g)
1475 N. Scot Road
Scottsd 85257
Hampton Inn 'tes (H e1)
1429 N. Scotts Ro
mpe, AZ
Mayor
Patti erfo a May
Dave Bo Co mbe
erb Ka
C cGorr cil r
Post, C it Member
6 ..
Thurs 6,2 Pa 5855 N. Greenway Hayden Loop and
oR staura 4 . Scottsdale Road.
At appr tel 4 :10 p.m., ncil aff were given a brief overview of the history and current
operation o Scottsdale Al k by Mascaro , the Aviation Director for the City of
Scottsdale. cil were pr t excep ouncil Members McGorray and Post who were
excused. Next, and staf t at NoRTH Restaurant at Kierland Mall in North Scottsdale
for a working dinne Kurt am and Peggy Fiandaca (PSA). Council Members Kai,
Post and McGorray x PSA consultants gave an overview of the 2011 -2012 Strategic
Plan update process. PSA at a Strategic Plan gives Council a defensible plan to approve or
disapprove projects and serve es. The working dinner adjourned at approximately 7:40 p.m. and
Council and staff returned to their hotel.
Friday, October 7, 2011 — ASU Skysong, Tempe.
Mayor Honea convened the meeting at 8:41 a.m. with Council Member Post arrived at
approximately 9:15 a.m.. All Council were present.
Gilbert Davidson began by thanking Kurt Dunham and Peggy Fiandaco (PSA) for their efforts
on this project. He then discussed key issues in the community which emerged from the working
Regular Council Meeting - November 1, 2011 - Page 21 of 54
dinner: what has changed (either politically or due to infrastructure, and key things accomplished.
He then commented on the meeting and education center SkySong, an example of a great
partnership between the City of Scottsdale and Arizona State University (ASU). Mr. Davidson
talked about the importance of a Strategic Plan representing the Council's vision of where Marana is
going. Voters recently approved General Plan which is the town's template for land use planning.
The General Plan pulls from the Strategic Plan, the Parks Master Plan, the Economic Roadmap and
other sources. The town's strategy is to help existing businesses which then bring suppliers who
feed into those businesses. The CIP program contains large ticket items to be built over time. All
feed into the Strategic Plan concept.
Mr. Davidson noted that this session is a refresher of what ha done to date under the
existing Strategic Plan. Included in the agenda packet materi opy of the current Strategic Plan
and a list of 2010 accomplishments. The afternoon sessio ed to be a review and
brainstorming session. The dinners during the retreat h een been chosen to showcase
various areas which have undergone redevelopmen h could b . cated in Marana.
Saturday's session will end with a tour of Tumbl ark /Ranch in filer. Barbara Johnson
reminded Council and staff to look at the can e park and envision e Barnett Channel
could be.
PSA gave an overview of the trends ave occurre 008 planning p ss. They
handed out a menu of activities of S eaknesses, ortunities and Threats (SWOT).
Threats are things we don't have direct ; r but nee e kept in the forefront of
planning. It is important for Councils to at s and 'bly cut them to protect core
services. In many instance lic pro gr seven cipali ere instituted to fill a need
that existed. Cutting p s now gi riv an o ortunity to succeed.
Erik Montague talke t about _ budget r program ' at will be evaluated on an
ongoing basis regarding s e sustain ' of the funds needed to keep those programs
going. The . edit sc a can trol and gives us buying power.
Discu nsued nun ana's to tainability or green building. The Council's
role is t repared to orwa 'th changes. A question for future discussion is how far
the Counc uld go to de ustain' for stakeholders in the community.
Another area o ssion cent on furthering education institution relationships to graduate
more people in pr' onal /tec al careers to take available jobs in the region. The town needs a
highly skilled workfor `x thri r urther, reaching out to those who are looking for opportunities
to do business in smaller ties is lacking.
Council concurred that the five Focus Areas are all good as originally written. Under Commerce;
however, the goal may be too narrow. It was re- worded to define the town's unique combination
of assets and make it broader to take advantage of both existing and future growth assets. It will be
amended to read "Attract and maintain career - oriented commerce."
Council felt that the basic framework of the Strategic Plan is still good.
PSA posted the possible changes, including new Guiding Principles, for Council to review.
Regular Council Meeting - November 1, 2011 - Page 22 of 54
Josh Wright distributed a handout for the Economic Development Reinvestment Program which
was added as a strategy to the Commerce goal.
Gilbert Davidson distributed a memo from the Town Clerk regarding the redesign of the citizen
information program — C.R.E.W. — which was added as a strategy to Community Building goal.
The lunch speaker was Mayor Hugh Hallman from Tempe who talked about some of the
challenges Tempe has faced, roadblocks and how to overcome them and ultimately, achieving
success.
The afternoon session included an informal review of some of - products of the important
accomplishments using the Strategic Plan. Council also discu e focus areas, initiatives and
strategies that need to be updated.
October 8, 20118:41. SkyS
Council Members Kai and Post were excuse summarized the ' ssion of the initiatives
and talked about performance measures — what ant to measure and h tell that story and
talk about next steps. Important accomplishments the S c Plan we blighted.
PSA will update the SWOT analysis." noted that s the weaknesses hav been removed,
which is a good sign.
1:30 p.m., Tumbleweed h, "McQu " - oad, Chandler
ti
Jody Crago, Muse for the _ . of " Council Member Jack Sellers
gave Council and sta our of th ritage pa m as Tu weed Ranch. The purpose of
the tour was to give Co and st n oppo to see how other municipalities are
incorporating heritage into o muni nning process as Heritage is one of the five
focus area 's Stra` g "
CE R ATION
I hereby ce at the fore g are tl and correct minutes of the Marana Strategic Plan
Retreat held er 6, 7 and 11. I fu ' er certify that a quorum of the Council was present
each day of the t.
.T.
Jocelyn C. Bronson, Town Clerk
Regular Council Meeting - November 1, 2011 - Page 23 of 54
MAR ANA
AI
REGULAR COUNCIL MEETING
MINUTES
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, October 4, 2011, at or after 7:00 PM
Ed Honea, Mayor
Patti Comerford, Vice Mayo
David Bowen, Council Me r
Herb Kai, Council M I b'
Carol McGorray, Co ber
Jon Post, Column c ember
Roxanne Ziegler, '1 Me r
REGULAR COUNCIL ING
CALL TO ORDER AND ROLL CAL or Honea c th meeting to order at
7:02 p.m. The Town Clerk called roll.' Member a present, constituting a
quorum.
PLEDGE OF ALLE OCATI OME OF SILENCE. Led by Mayor
Honea.
APPROVAL OF AGE a by Council Member Post, seconded by
Council orra ssed a ously.
CA THE PUB can ertson, along with Michelle Hornby and Jackie
Gor' o I Blue Star ers o erica, Arizona Chapter 2, presented a Certificate
of Appreci ' to the Co it and thanked the town for its support during the 2011
Tunnel to To un ho ng first responders of September 11. Vice Mayor
Comerford also e d on this event. Phyllis M. Farenga spoke on an Arizona
Daily Star article re g a traffic study done in Marana Estates.
PROCLAMATIONS
MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS
Mayor Honea reported on a SOLARA (Southern Arizona Lodging and Resort
Association) event he attended with the Vice Mayor and the comments they heard about
how much people like doing business in Marana.
MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS
Regular Council Meeting - November 1, 2011 - F%pk6 X4 2011 Council Meeting Minutes
1
Mr. Davidson reported on the recent award given for the Town's General Plan by the
American Planning Association, Arizona division, as the Best General Plan. Kevin Kish,
planning director, and Cynthia Ross, project manager accepted the award. Mr. Kish
gave highlights of the award. Carrie Jacobi, Jenna .Riley and 40 other staff members
also participated in putting this plan together.
PRESENTATIONS
P 1: Relating to Special Events; update on the 2011 Founders' Day Festival event. Josh
Wright gave an overview of the upcoming 30 Founders' Day Festival. The kickoff will
be a Rotary Heritage Awards dinner on October 27 He noted that Adelina Martin,
event coordinator, has been instrumental in shaping this event; h. ver she is in Fort
Worth, Texas on a scholarship at the International Festivals a vend Association.
CONSENT AGENDA. Motion to approve by Vice Ma 5 rd, second by
Council Member McGorray. Passed unanimously.
C 1: Resolution No. 2011 -93: Relating to A strati on; approving a opting
certain Town logos and icons as the official d icon f the Town o ana
C 2: Resolution No. 2011 -94: Relating to Develop approving the release of the
private improvement agreements for as at Mira Vist acceptance of public
improvements for maintenance
C3: Resolution No. 201, ., : Relating t holo ices; approving and
authorizing the Mayor a utility sh ing agree ent between the Town of
Marana, Pima Co d Ve Wireless, C for Beacon Hill
A
C 4: Minutes of the Sep ' ss and the September 20 regular meeting
LIQUO IC ENS
L 1: ting to Liquo a ' enses, ^ endation to the state liquor board regarding a
Person a ocation Tra " Seri4 z 6 (Bar) liquor license application submitted by
William ack on be ° f of Dove Mountain Grill, located at 12130 N. Dove
Mountain Bo' 11 p d #194. resented by Jocelyn Bronson, who noted that the
application was d p a erly, there were no protests, and staff is recommending
Council approval. n to approve by Council Member McGorray, second by
Council Member A ^ Passed unanimously.
L 2: Relating to Liquor Licenses; recommendation to the state liquor board regarding the
special event liquor license application submitted by St. Christopher Catholic Church,
12101 W. Moore Road, for a church fundraiser. Presented by Jocelyn Bronson, who
noted that the application was posted properly, there were no protests, and staff is
recommending Council approval. Motion to approve by Vice Mayor Comerford, second
by Council Member McGorray. Passed unanimously.
BOARDS, COMMISSIONS AND COMMITTEES
Regular Council Meeting - November 1, 2011 - FQ6� 9`& VO1 I Council Meeting Minutes
2
COUNCIL ACTION
Al: PUBLIC HEARING: Resolution No. 2011 -96: Relating to Development; appeal
of the Marana Planning Commission's decision denying a significant land use change to
allow non - ferrous metal recycling by Can -It Recycling Center at 13900 North Adonis
Road. Presented by Kevin Kish, who noted that the Planning Commission denied this
project, and it was brought to Council by the applicant on appeal. Mr. Kish also noted
that this item requires a supermajority vote of Council. Mayor Honea opened the
meeting for Public Hearing. Speakers opposing the Can -It Recycling Center included
Phyllis M. Farenga, Alisha Meza, Crystale Cooper and David Morales. After
questions from Council, Mayor Honea closed the public hearing and called fora vote.
Council Member McGorray moved to adopt Option #1 of Reso l . n No. 2011 -96,
confirming the Planning Commission's decision of denial fo - e sh nificant land use
change. Second by Vice Mayor Comerford Mayor Hone d for further
discussion. Council Member Ziegler commented that ou rana is business -
friendly, this particular project was not acceptable a a me n he proposed
location. Passed unanimously.
ITEMS FOR DISCUSSION/POSSIBLE AC
D 1: Legislative /Intergovernmental Report: reg a ng state an ederal
legislation and report on recent meetings of other leg' ve bodies. Josh Wright
provided Council with a new draft ml f the proposed ressional redistricting areas.
Mr. Davidson noted that this is a poi n ndependent ' s 'sting Commission
(IRC) deliberations where Council may a n record any concerns or to
weigh in on the way current town bound es ar a ester should probably be sent
within the next week. M onea aske Co u d issues with him writing a
letter to the IRC as I tire Mara commun' " be in District 1. Council
Member Kai aske might prudent to to our lobbyists for their opinion on
how the lines are bra ay „ onea noted y the current representative for this area
is Paul Gosar, a Republi " V' Mayor Comerford noted that while no
one is curt in th 11 area arana that are excluded from the District 1
map as , wn, ther be ents in the future, and they should be included within
the s oundary are a res arana. Council agreed that Mayor Honea should
write a stating the i t or r est that the entire Marana community within the
town limit 1. District 1 r. Davidson noted that the Mayor's letter may also want to
reflect include ture pla 'ing boundaries rather than just the current boundaries.
Council Memb we onc with Council Member Kai to go ahead and get
lobbyist feedback i ' on to sending the letter.
EXECUTIVE SESSIONS. Upon motion by Council Member McGorray, second by
Vice Mayor Comerford, it was moved to go into executive session on Item E2. Passed
unanimously.
E 1: Executive Session pursuant to A.R.S. §38- 431.03 (A)(3), Council may ask for
discussion or consultation for legal advice with the Town Attorney concerning any matter
listed on this agenda.
E 2: Executive session pursuant to A.R.S. § 38- 431.03(A)(3),(4) and (7), for discussion
or consultation with the Town's attorneys and to instruct the Town's representatives
Regular Council Meeting - November 1, 2011- FQ6 6642011 Council Meeting Minutes
3
concerning (1) the lawsuit entitled Town of Marana v. Pima County/Pima County v.
Marana (consolidated), Maricopa County Superior Court No. CV2008- 001131, Arizona
Court of Appeals No. 1 CA CV 110381; (2) the lawsuit entitled Pima County v. Town of
Marana, Pima County Superior Court No. C20116094; and (3) pending legal issues,
settlement discussions and contract negotiations relating to the transition of Marana
wastewater collection and treatment to the Town of Marana
FUTURE AGENDA ITEMS
ADJOURNMENT. Upon motion by Council Member Post, second by Council Member
McGorray, the meeting was adjourned at 8:20 p.m. Passed un ously.
CERTIFICATION
I hereby certify that the foregoing are the true and corre nu' the Marana Town
Council meeting held on October 4, 2011. l further c at a q was present.
Jocelyn C. Bronson, Town Clerk
u
Regular Council Meeting - November 1, 2011 - F%PY&Wol 1 Council Meeting Minutes
4
MAKMk
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, November 1, 2011, 7:00:00 PM
To: Mayor and Council Item A 1
From: Jane Fairall , Deputy Town Attorney
Strategic Plan Focus Area:
Not Applicable
Subject: Ordinance No. 2011.26: Relating to Animal Control; amending the Marana Town
Code Title 6 "Animal Control "; modifying the required contents of dog license tags;
providing for an exception to the prohibition of dogs at large for certain service
animals; reclassifying violations of chapter 6 -4, entitled "Cruelty and Neglect of
Animals," as class 1 misdemeanors and revising the penalties for these offenses;
adding new section 6 -4 -3, entitled "Duty to Obtain or Render Aid to Animal Struck by
Vehicle "; modifying various other provisions; and designating an effective date
Resolution No. 2011 -99 Relating to Animal Control; declaring as a public record
filed with the Town Clerk the amendments adopted by Ordinance No. 2011.26 to
Marana Town Code Title 6 "Animal Control," modifying the required contents of dog
license tags, providing for an exception to the prohibition of dogs at large for certain
service animals, reclassifying violations of chapter 6 -4, entitled "Cruelty and Neglect
of Animals," as class 1 misdemeanors and revising the penalties for these offenses,
adding new section 6 -4 -3, entitled "Duty to Obtain or Render Aid to Animal Struck by
Vehicle ", and modifying various other provisions
Discussion:
The proposed ordinance provides for a number of changes to the Town's animal control code,
Title 6 of the Marana Town Code, including the following:
1. The addition of a definition of "service animal" to the code, as well as a narrow exception to
the Town's leash law for certain service animals. In 2011, revised U.S. Department of
Justice regulations regarding the Americans with Disabilities Act (ADA) became effective.
Included within the new regulations are a definition of service animal and clarification regarding
the use of service animals by disabled individuals under the ADA. The proposed changes to the
Town's animal code are recommended to ensure compliance with the new regulations. The
proposed ordinance would adopt a definition of "service animal" that is essentially the same as
that adopted by the Department of Justice. In addition, the proposed ordinance provides a limited
exception to the Town's general leash law which states that dogs must be leashed when on public
property and confined within a building or a fenced yard when on private property. The new
code provision would allow a service dog to be off a leash/unrestrained if the dog's owner is
unable to leash the dog because of the owner's disability, or if the dog would be unable to
perform its work or tasks while on a leash. In these cases, the dog would still need to be under
Regular Council Meeting - November 1, 2011 - Page 28 of 54
the effective control of the owner, by voice control or other means.
2. The addition of a new provision to the Town's animal code requiring a person who hits a
domestic animal with a vehicle to stop and make a reasonable effort to obtain aid for or render
aid to the animal. Violation of the new provision is a class 1 misdemeanor.
3. Changing the classification of violations of the Town's animal cruelty and neglect
provisions from class 2 misdemeanors to class 1 misdemeanors. Currently, animal cruelty and
neglect provisions are classified the same as other less serious offenses, such as failure to license
or vaccinate a dog. Reclassifying the cruelty and neglect provisions as class 1 misdemeanors will
allow a judge to impose a greater range of sentence for a person committing cruelty or neglect
to an animal. At the same time, the proposed ordinance would eliminate the current minimum
mandatory sanction of $100 and allow the judge to utilize discretion in assessing a fine, from $0
to $2,500, for violation of the provisions. Finally, under the proposed ordinance, a judge can
order that a person convicted of a cruelty or neglect offense be prohibited from owning an animal
for up to 3 years. The current ordinance allows a prohibition for up to 2 years.
4. Eliminating the requirements that the Town's name be imprinted on a dog license tag and that
the tag include an expiration date. Pima Animal Care Center (PACC) licenses dogs in Pima
County and provides the license tag. PACC now uses permanent tags, rather than replacing tags
on an annual basis; thus, there is no need to place an expiration date on the tag. Additionally, the
tags used by PACC do not list the name of the jurisdiction that the dog lives in.
Other changes to the animal code are "clean-up" revisions, for consistency, clarity and better
flow.
Financial Impact:
None.
ATTACHMENTS:
Name: Description: Type:
❑ Ordinance _amend...ing_Tltle_6_Anim Contro
(00028350) DOC Ordinance Ordinance
❑R.esolution_Amm..al_Control amendments_
(0002.8352�.DOC Resolution Resolution
❑ Revisions_to_Animal Control_Title_6_
(00028274 3).0OC Exhibit A - Amendments to Animal Code Exhibit
Stag Recommendation:
Staff recommends approval of the proposed ordinance.
Suggested Motion:
I move to adopt Ordinance No. 2011.26, amending Title 6 of the Marana Town Code regarding
Animal Control, and Resolution No. 2011 -99, declaring the amendments to Marana Town Code
Title 6 a public record.
Regular Council Meeting - November 1, 2011 - Page 29 of 54
MARANA ORDINANCE NO. 2011.26
RELATING TO ANIMAL CONTROL; AMENDING THE MARANA TOWN CODE TITLE 6
"ANIMAL CONTROL "; MODIFYING THE REQUIRED CONTENTS OF DOG LICENSE
TAGS; PROVIDING FOR AN EXCEPTION TO THE PROHIBITION OF DOGS AT LARGE
FOR CERTAIN SERVICE ANIMALS; RECLASSIFYING VIOLATIONS OF CHAPTER 64;
ENTITLED "CRUELTY AND NEGLECT OF ANIMALS," AS CLASS 1 MISDEMEANORS
AND REVISING THE PENALTIES FOR THESE OFFENSES; ADDING NEW SECTION
6 -4 -3, ENTITLED "DUTY TO OBTAIN OR RENDER AID TO ANIMAL STRUCK BY
VEHICLE"; MODIFYING VARIOUS OTHER PROVISIONS; AND DESIGNATING AN
EFFECTIVE DATE
WHEREAS the Town Council is authorized by A.R.S. § 9 -240 to adopt animal control
regulations; and
WHEREAS the Town Council finds that the animal control regulations established by
this ordinance are necessary for the public health, safety and general welfare of the Town of
Marana.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, as follows:
SECTION 1. The amendments to the Marana Town Code Title 6 "Animal Control," three
copies of which are on file in the office of the Town Clerk of the Town of Marana, Arizona,
which were made a public record by and attached as Exhibit A to Resolution No. 2011 -99 of the
Town of Marana, Arizona, are hereby referred to, adopted and made a part of this ordinance as if
fully set out here.
SECTION 2. The following penalty clauses are included in that portion of Title 6
amended pursuant to this ordinance:
6 -3 -1 Dogs at large prohibited; exceptions; impoundment; classification
[Paragraphs A through D do not have any penalty clauses]
E. Violation of this section is a class 2 misdemeanor.
6-3 -2 Dogs on school grounds prohibited; exceptions; classification
[Paragraphs A and B do not have any penalty clauses]
C. Violation of this section is a class 2 misdemeanor.
6-4 -1 Cruelty prohibited; classification; penalty
[Paragraph A does not have a penalty clause]
Regulq%,JP@M gpjGj�gWMber 1, 2011 - Page 30 of 54 _ 1 _
{00028350.DOC /}
B. Violation of this section is a class 1 misdemeanor. In addition to any other
penalty imposed by the magistrate, as a condition of probation, the magistrate
may order that the owner of the animal shall not be permitted to own or control
any animal for a period of up to three years and that the animal(s) which is the
subject of this action be forfeited to the Pima Animal Care Center to be placed
by adoption in a suitable home or humanely destroyed.
6-4 -2 Neglect prohibited; classification; penalty
[Paragraphs A and B do not have any penalty clauses]
C. Violation of this section is a class 1 misdemeanor. In addition to any other
penalty imposed by the magistrate, as a condition of probation, the magistrate
may order that the owner of the animal shall not be permitted to own or control
any animal for a period of up to three years and that the animal(s) which is the
subject of this action be forfeited to the Pima Animal Care Center to be placed
by adoption in a suitable home or humanely destroyed.
6-4 -3 Duty to obtain or render aid to animal struck by vehicle
[Paragraph A does not have a penalty clause]
B. Violation of this section is a class 1 misdemeanor.
SECTION 3. The various town officers and employees are authorized and directed to
perform all acts necessary or desirable to give effect to this ordinance.
SECTION 4. All ordinances, resolutions, or motions and parts of ordinances, resolutions,
or motions of the Council in conflict with the provisions of this ordinance are hereby repealed,
effective as of the effective date of this ordinance.
SECTION 5. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, the decision shall not affect the validity of the remaining portions of this
ordinance.
SECTION 6. This ordinance shall become effective on the thirty -first day after its
adoption.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 0 day of November, 2011.
Mayor Ed Honea
ATTEST: APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney
Regul q %r r yM VV2g1ygWmber 1, 2011 - Page 31 of 54 _ 2 -
{00028350.DOC /}
MARANA RESOLUTION NO. 2011-99
RELATING TO ANIMAL CONTROL; DECLARING AS A PUBLIC RECORD FILED WITH
THE TOWN CLERK THE AMENDMENTS ADOPTED BY ORDINANCE NO. 2011.26 TO
MARANA TOWN CODE TITLE 6 "ANIMAL CONTROL," MODIFYING THE REQUIRED
CONTENTS OF DOG LICENSE TAGS, PROVIDING FOR AN EXCEPTION TO THE
PROHIBITION OF DOGS AT LARGE FOR CERTAIN SERVICE ANIMALS,
RECLASSIFYING VIOLATIONS OF CHAPTER 64, ENTITLED "CRUELTY AND
NEGLECT OF ANIMALS," AS CLASS 1 MISDEMEANORS AND REVISING THE
PENALTIES FOR THESE OFFENSES, ADDING NEW SECTION 64-3, ENTITLED "DUTY
TO OBTAIN OR RENDER AID TO ANIMAL STRUCK BY VEHICLE" AND MODIFYING
VARIOUS OTHER PROVISIONS
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, that the amendments to the Marana Town Code Title 6 "Animal
Control," a copy of which is attached to and incorporated in this resolution as Exhibit A and
three copies of which are on file in the office of the Town Clerk, is hereby declared to be a public
record and ordered to remain on file with the Town Clerk.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 1 St day of November, 2011.
Mayor Ed Honea
ATTEST: APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney
Regular Council Meeting - November 1, 2011 - Page 32 of 54 {00028352.DOC /}
EXHIBIT A TO MARANA RESOLUTION NO. 2011 -99
Amendments to the Marana Town Code, Title 6 "Animal Control" pursuant to
Marana Ordinance No. 2011.26
SECTION 1. Section 6 -1 -2 of the Marana Town Code is hereby revised as
follows with added text shown with double underlining and deletions shown with s tfike
^mot
6 -1 -2 Definitions
A. The following definitions shall apply throughout this title unless the context
clearly indicates otherwise.
1. "Altered dog" means a spayed female or neutered male dog.
2. "Animal" means every non human mammalian species of animal, both
domestic and wild.
3. "At- large" means being neither confined by an enclosure nor physically
restrained by a leash.
4. "Bite" means any penetration of the skin by the teeth of any animal.
5. "Biting animal" means any animal that bites or otherwise injures human
beings or other animals without provocation.
6. "Collar" means a band, chain, harness or suitable device worn around the
neck of a dog to which a dm license I4 may be affixed.
7. "Destructive animal" means any animal that has a propensity to destroy,
damage or cause damage to the property of a person other than the
animal's owner.
8. "Dog" means any member of the canine species.
9. "Domestic animal" means any of various animals that have been tame
and made fit for a human environment.
J- 00. "Household" means all those persons who regularly dwell together at the
same place of residence.
114G. "Impound" means the act of taking or receiving an animal into custody
for the purpose of confinement at the town animal enforcement agent's
facility.
1244. "Leash" or "lead" means a chain, rope, leather strap, cord or similar
restraint attached to a collar or harness or otherwise secured around an
animal's neck.
1542. "Licensed dog" means any dog having a current license.
2442. "Livestock" means neat animals, horses, sheep, goats, swine, mules and
asses.
5U. "Owner" means any person owning, keeping, possessing, harboring,
maintaining or having custody or otherwise having control of an animal
within the town limits.
1545. "Peace officer" includes any animal control officer.
Regular Council M/a Derr 1, 2011 - Page 33 of 54 1 JHF 10/21/11
EXHIBIT A TO MARANA RESOLUTION NO. 2011 -99
Amendments to the Marana Town Code, Title 6 "Animal Control" pursuant to
Marana Ordinance No. 2011.26
17 4§. "Police dog" means any dog belonging to any law enforcement agency
service dog unit.
1 "Property line" means the line which represents the legal limits of
property (including an apartment, condominium, room or other dwelling
unit) owned, leased or otherwise occupied by a person, business,
corporation or institution. In cases involving sound from an activity on a
public street or other public right -of -way, the "property line" shall be the
nearest boundary of the public right -of -way.
124-g. "Provocation" means any behavior toward an animal or its owners or its
owner's property which is likely to cause a defensive reaction by the
animal.
20 "Service animal" means any dog that is individually trained to do work or
perform tasks for the benefit of an individual with a disability, including a
physical, sensory, psychiatric, intellectual, or other mental disability. The
work or tasks performed by a service animal must be directly related to
the individual's disability. The crime deterrent effects of an animal's
presence and the provision of emotional support, well - being, comfort, or
companionship do not constitute work or tasks for the purpose of this
de finition, A dog does not necessarily require certification in order to be
e animal for purposes of this definition: however, to be eligible for
no- cost licensing pursuant to this title, the dog must be certified in writing
as a service animal.
2144. "Tie out" means a chain, leash, wire cable or similar restraint attached to
a swivel or pulley.
22 2- 2 2 enforcement agent" means the Pima Animal Care Center director
or his or her designee.
232-2-. "Vaccination" means an anti rabies vaccination using a type of vaccine
approved by the state veterinarian and administered by a state licensed
veterinarian.
2423. "Vicious animal" means any animal that bites, attempts to bite,
endangers or otherwise injures or causes to be injured, human beings or
other animals.
SECTION 2. Paragraph F of Section 6 -2 -8 of the Marana Town Code, entitled
"License fees; rebate; exemptions; delinquency penalties," is hereby revised as follows
with added text shown with double underlining and deletions shown with strike Aut +°° + :
F. Service animals
certified dogs" in ing as having been trained to the standards of
Regular Council MgOW r 1, 2011 - Page 34 of 54 -2-
EXHIBIT A TO MARANA RESOL UTION NO. 2011 -99
Amendments to the Marana Town Code, Title 6 "Animal Control "pursuant to
Marana Ordinance No. 2011.26
service animal by a nationally recognized service animal training agency shall
be licensed without payment of the license fee.
SECTION 3. Section 6 -2 -10 of the Marana Town Code is hereby revised as
follows with added text shown with double underlining and deletions shown with s *,k
out :
6 -2 -10 Issuance, contents of dog license tag
A: The town enforcement agent shall issue
a durable dog icen tag . imprinted with the name of the town, the fi n se
number to the owner of each dog licensed under this chapter of tie -liseme
and- the menth and year 4 expiFes.
13. Deg lirense tags shall not be tFan6feFred fFem aRe dog to anotheF.
SECTION 4. Section 6 -3 -1 of the Marana Town Code is hereby revised as
follows with added text shown with double underlining and deletions shown with s 4r-ike-
eu# -text:
6 -3 -1 Dogs at large prohibited; exceptions; impoundment; classification
A. Any dog owned, possessed, harbored, kept or maintained on public streets,
sidewalks, alleys, parks or other public property shall be restrained by a leash,
chain, rope, cord or similar device.
B. Any dog owned, possessed, kept, harbored or maintained upon or about the
private property of any person, including the property of the dog's owner, shall
be confined inside a house or other building, or confined by a fence or similar
enclosure of sufficient strength and height, to prevent the dog from escaping
from the property.
C. Dogs may be at large as an exception to this section under the following
circumstances:
1. While participating in field trials, obedience classes or kennel club events,
or while engaging in races approved by the Arizona Racing Commission,
provided that the dog is accompanied by and under the control of the
dog's owner or trainer.
2. While being used or trained for legal hunting or for control of livestock.
3. While assisting a peace officer engaged in law enforcement duties.
4. While confined within a county- or town - maintained temporary or
permanent dog run located within a park.
. While actina as a service animal and assistina an individual with
disability and only if the individual with a disability is unable because of
e disability to restrain the service animal by leash, chain, rope, cord or
similar device, or the use of a leash, rope, cord or similar device
would interfere with the service animal's safe effective performance of
Regular Council M@ig j a,"r r 1, 2011 - Page 35 of 54 -3-
EXHIBIT A TO MARANA RESOL UTION NO. 2011 -99
Amendments to the Marana Town Code, Title 6 "Animal Control" pursuant to
Marana Ordinance No. 2011.26
work or tasks in which case the service animal must be otherwise under
he individual's control by voice control signals or other effective means
D. The town enforcement agent or a peace officer is authorized to impound, or
cause to be impounded, any dog running at large contrary to the provisions of
this section.
E. Violation of this section is a class 2 misdemeanor.
SECTION 5. Section 6 -3 -2 of the Marana Town Code is hereby revised as
follows with added text shown with double underlining and deletions shown with strike -
out teK4:
6 -3 -2 Dogs on school grounds prohibited; exceptions; classification
A. It shall be unlawful to bring a dog onto the grounds of any school, regardless
of whether the dog is on a leash.
B. Dogs may be on school grounds as an exception to this section under the
following circumstances:
1. While participating as part of a formal school activity or event.
2. While act0 servirq as a guide dog fGF the blond, dea�, OF PhySiGally
disabled service animal to an individual with a disability, as defined in this
1itLe
3. While assisting a peace officer engaged in law enforcement duties.
C. this section is a class 2 misdemeanor.
SECTION 6. Chapter 6 -4 of the Marana Town Code entitled "Cruelty and
Neglect of Animals" is hereby revised as follows with added text shown with double
underlining and deletions shown with stfike eu4 to -m :
6-4 -1 Cruelty prohibited classification: penalty
A . It shall be unlawful for a person having care. control. charge, or custody of any
either as owner or otherwise. to:
L `"�"�&4-- verdrives, overloads, overworks, tortures, torments, cruelly
beats, mutilates or unlawfully kills an the animal
2. er- s -Qauses or procures an animal to be se overdriven, overloaded, driven
when overloaded, overworked, tortured, tormented, cruelly beaten,
mutilated or killed., ,
3. +inflicts unnecessary cruelty upon i
the animal
4. cruelly drives or works # the animal when unfit for labor-,
5 er-s -Cruelly abandons # the animal.
Regular Council Mq"@ia 1l%err 1, 2011 - Page 36 of 54 -4-
EXHIBIT A TO MARANA RESOLUTION NO. 2011 -99
Amendments to the Marana Town Code, Title 6 "Animal Control "pursuant to
Marana Ordinance No. 2011.26
-6- ef- earFies -it Can or causes it the animal to be carried in or upon a
vehicle or otherwise, in an unnecessarily cruel or inhumane manner,
7, er- l & owingly and willfully' authorizes or permits it the-anim-al to be
subjected to unreasonable or unnecessary torture, suffering or cruelty of
any kind.,
B. Violation of this section shall b is 90ty a class 2 1 misdemeanor. L
addition to any other penalty imposed by the magistrate, as a condition of
probation, the magistrate may order that the owner of the animal shall not be
permitted to own or control any animal for a period of up to three years and
at the animal(s) which is the subject of this action be forfeited to the Pima
Animal Care Center to be placed by adoption in a suitable home or humanely
d _ r d_
6-4 -2 Neglect prohibited classification: penalty
A. The purpose of this section is to guarantee that animals under human custody
or control are housed in healthy environments and are provided with proper
food, water, shelter, medical care, exercise space and ventilation.
5— Any person ewniRg of having care, contro l charge. or custody of any animal,
either as owner or otherwise. shall provide:
1. That the animal receives daily, food that is free from contamination and is
of sufficient quantity and nutritive value to maintain the animal, in good
health;
2. That potable water is accessible to the animal at all times, either free-
flowing or in a clean receptacle;
3. That except for livestock, all animals have convenient access to natural or
artificial shelter throughout the year. Any such artificial shelter shall be
structurally sound and maintained in good repair to protect the animal
from injury and from the elements and of sufficient size to permit the
animal to enter, stand, turn around and lie down in a natural manner. Any
shelter which does not protect the animal from temperature extremes or
precipitation, or which does not provide adequate ventilation or drainage,
does not comply with this chapter. Any shelter, all bedding and any
spaces accessible to the animal shall be maintained in a manner which
minimizes the risk of the animal contracting disease, being injured or
becoming infested with parasites;
4. That the animal receives care and medical treatment for debilitating
injuries, parasites and diseases, sufficient to maintain the animal in good
health and minimize suffering;
5. That the animal is given adequate exercise space either:
a. Within an enclosure that shall be constructed of material, and in a
manner, to minimize the risk of injury to the animal, and shall
Regular Council �YIaR7�#r 1, 2011 - Page 37 of 54 -
EXHIBIT A TO MARANA RESOL UTIONNO. 2011 -99
Amendments to the Marana Town Code, Title 6 "Animal Control" pursuant to
Marana Ordinance No. 2011.26
encompass sufficient usable space to keep the animal in good
condition, or
b. On a tie out, consisting of a chain, leash, wire cable or similar restraint
attached to a swivel or pulley. A tie out shall be so located as to keep
the animal exclusively on the secured premises. Tie outs shall be so
located that they cannot become entangled with other objects. Collars
used to attach an animal to a tie out shall not be of a choke type. No tie
out shall employ a restraint which that is less than ten feet in length;
6. That the animal has access to adequate ventilation and is protected from
temperature extremes at all times. In this connection, it is unlawful for any
person to keep any animal in a vehicle or other enclosed space in which
the temperature is either so high or so low, or the ventilation is so
inadequate, as to endanger the animal's life or health.
C. Violation of this section is a class 1 misdemeanor, In addition to any other
penalty imposed by the magistrate, as a condition of probation, the magistrate
m_ ay order that the owner of the animal shall not be permitted to own or control
nv animal for a period of up to three years and that the animal(s) which is the
suboect of this action be forfeited to the Pima Animal Care Center to be place
by adoption in a suitable home or humanely destroyed.
-4 -3 Duty to obtain or render aid to animal struck by vehicle
A. The driver of a vehicle that collides with an animal that is readily identifiable as
a domestic animal shall make a reasonable effort to obtain aid for the animal
or to render aid and assistance to the animal A person may discharge his or
her duty under this section by reporting the incident to 911 or to other
appropriate authorities.
B. Violation of this section is a class 1 misdemeanor.
6-443 Protection removal, and impoundment of animals by town; waiver
of provisions; production of animal vielaties -Pew
A. Any peace officer or town animal enforcement agent is authorized to use
whatever force is reasonable and necessary to remove any animal from a
vehicle or other enclosed space whenever it appears that the animal's life or
health is endangered by extreme temperatures or lack of ventilation within the
vehicle or other enclosed space.
B. No peace officer or town animal enforcement agent shall be liable for
damages to property caused by the use of reasonable force to remove an
animal from such a vehicle or other enclosed space under those
circumstances.
C. Any peace officer or town animal enforcement agent is authorized and
empowered to remove and impound any animal in plain view and suffering
from life threatening exigent circumstances. The owner of any animal removed
Regular Council ?d! 4."9"r 1, 2011 - Page 38 of 54 -6-
EXHIBIT A TO MARANA RESOL UTIONNO. 2011 -99
Amendments to the Marana Town Code, Title 6 "Animal Control "pursuant to
Marana Ordinance No. 2011.26
and impounded under the provisions of this chapter shall be liable for any
impoundment, boarding or veterinary fees incurred in connection therewith.
D. Any of the provisions of this chapter may be waived as dictated by treatment
under the direction of a licensed veterinarian.
E. An owner of an animal charged with a violation of this chapter shall produce
that animal for inspection or impoundment upon the request of the town
animal enforcement agent. All owners shall be responsible for any and all
applicable* impoundment and boarding fees in connection therewith.
Q—A vielatie-R of any pi;eyisien of this GhapteF punishable by a fine ef not less
than $100 eF FneFe than $759, fewi; FneRthr, jai!, tw*9 years lea
, 9F any
of, OF eth nd, the imposition of the Fn fine pi;esedbed thus
We years. Thus shall not be GORStFued to , , the imposition-4
Regular Council M@@ft4 ."9"r 1, 2011 - Page 39 of 54 -7- .
M. Q2!N
MARANA
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, November 1, 2011, 7:00:00 PM
To: Mayor and Council Item A 2
From: Frank Cassidy , Town Attorney
Strategic Plan Focus Area:
Commerce
Subject: PUBLIC HEARING: Ordinance No. 2011.27: Relating to Development; approving
and authorizing the Mayor to execute a development agreement with Republic
Services dba Saguaro Waste Services for a waste transfer station in Rancho Palomitas
Discussion:
Republic Services of Arizona Hauling, LLC, doing business as Saguaro Waste Service, is
purchasing a parcel of land in the Rancho Palomitas development along the south side of
Tangerine Road about a quarter mile east of Breakers Road.
Council approved the Rancho Palomitas Specific Plan on August 2, 2011 by Ordinance No.
2011.19. The portion of Rancho Palomitas Specific Plan designated Industrial includes "solid
waste transfer station" as a permitted use, and the adopting ordinance requires the use to be
implemented by development agreement. This development agreement is intended to satisfy the
requirements of the adopting ordinance.
Consistent with the conditions in the adopting ordinance, this development agreement requires all
waste transfer activities to be conducted within a fully- enclosed building and to be surrounded by
a block wall. Republic is also required to control odors from the property, prohibited from
handling or transferring hazardous waste at the property, and obligated to control litter on the
property and on the main haul route. Republic is also required to pay the Town a litter control fee
of $7,500 for the four -bay initial operation, and an additional $3,750 for its anticipated future
two -bay expansion, to cover the Town's anticipated costs of litter cleanup from Republic's
operations. Other provisions of the agreement are self- explanatory.
Financial Impact:
This development agreement is not expected to have a financial impact on the Town. Any
incidental Town costs associated with litter cleanup resulting from Republic's operations that are
not addressed by Republic's direct litter - control obligations should be covered by the Town litter
control fee.
ATTACHMENTS:
Name: Description: Type:
❑ Ordinance Republic DA (000283651.D0_C_
Regular Council Meeting - November 1, 2011 - Page 40 of 54
Ordinance Ordinance
❑ Republic Services DA (000.27899- 2).DOC Exhibit A to Ordinance Republic DA Exhibit
❑ Exhibit_A to_Republic DA_Legal Description_ Exhibit A to DA Legal Description of Republic
(00028366).PDF property Exhibit
Staff Recommendation:
Staff recommends adoption of Ordinance No. 2011.27, approving and authorizing the Mayor to
execute the Republic Services development agreement.
Commission Recommendation - if applicable:
These Council agenda materials are being prepared prior to the Planning Commission's scheduled
October 26 public hearing on this development agreement. During the Council meeting, staff will
provide an oral report of the Commission's recommendation.
Suggested Motion:
I move to adopt Ordinance No. 2011.27, approving and authorizing the Mayor to execute the
Republic Services development agreement.
Regular Council Meeting - November 1, 2011 - Page 41 of 54
MARANA ORDINANCE NO. 2011.27
RELATING TO DEVELOPMENT: APPROVING AND AUTHORIZING THE MAYOR TO
EXECUTE A DEVELOPMENT AGREEMENT WITH REPUBLIC SERVICES DBA
SAGUARO WASTE SERVICES FOR A WASTE TRANSFER STATION IN RANCHO
PALOMITAS
WHEREAS the Marana Town Council finds that the Development Agreement between
Republic Services dba Saguaro Waste Service and the Town of Marana for a Waste Transfer
Station in Rancho Palomitas is consistent with the Marana General Plan, applicable specific
plans, and relevant Town policies; and
WHEREAS the Marana Town Council finds that the development agreement is in the
best interest of the Town and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, AS FOLLOWS:
SECTION 1. The Development Agreement between Republic Services dba Saguaro
Waste Service and the Town of Marana for a Waste Transfer Station in Rancho Palomitas is
hereby approved in the form attached to and incorporated by this reference in this Ordinance as
Exhibit A.
SECTION 2. The Mayor is hereby authorized and directed to execute the development
agreement for and on behalf of the Town of Marana.
SECTION 3. The various Town officers and employees are authorized and directed to
perform all acts necessary or desirable to give effect to this Ordinance.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 0 day of November, 2011.
Mayor Ed Honea
ATTEST: APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney
Regul �} �� mbe,1, 2011 - Page 42 of 54 {00028365.DOC /}
DEVELOPMENT AGREEMENT BETWEEN REPUBLIC SERVICES DBA
SAGUARO WASTE SERVICE AND THE TOWN OF MARANA FOR A
WASTE TRANSFER STATION IN RANCHO PALOMITAS
TOWN OF MARANA, ARIZONA
THIS AGREEMENT is entered into by and between the TOWN OF MARANA, an Arizona
municipal corporation ( "Marana "), and REPUBLIC SERVICES OF ARIZONA HAULING, LLC,
an Arizona limited liability company, doing business as Saguaro Waste Service
( "Republic "). Marana and Republic are sometimes collectively referred to in this
Agreement as the Parties, either of which is sometimes individually referred to as a
Party.
RECITALS
A. Rancho Palomitas is a development fronting the south right -of -way line of Tan- "
gerine Road in Section 4 of Township 12 South, Range 12 East, Gila and Salt River Base
and Meridian, and is the subject of the Rancho Palomitas Specific Plan approved by the
Marana Town Council on August 2, 2011 by Ordinance No. 2011.19, recorded in the
Pima County Recorder's office on August 12, 2011 at Sequence No. 20112240004.
B. The portion of Rancho Palomitas designated as Industrial in the Rancho Palomi-
tas Specific Plan includes "Solid waste transfer station' as a permitted use, and Sec -
tion 3, paragraph 8 of Ordinance No. 2011.19 provides:
Any waste transfer station use shall be allowed only pursuant to a development
agreement entered into between the Town of Marana and the developer/ owner,
and shall be conducted completely in an enclosed building, and the property
containing the transfer station shall be surrounded by a block wall as deemed ac-
ceptable by the Planning Director.
C. This development agreement is intended to satisfy the requirements of Section 3,
paragraph 8 of Ordinance No. 2011.19.
D. Republic has entered into an agreement to purchase the land particularly de-
scribed in Exhibit A attached to and incorporated by this reference in this Agreement.
E. The portion of the land being purchased by Republic that is designated Industrial
in the Rancho Palomitas Specific Plan is referred to in this Agreement as the "Subject
Property."
F. Republic intends to use the Subject Property as a solid waste transfer station.
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AGREEMENT
Now, THEREFORE, based on the foregoing recitals, which are incorporated here as the
intention of the Parties in entering into this Agreement, and in consideration of the
terms of this Agreement, the Parties hereby agree as follows:
1. Definitions. The following definitions apply to this Agreement:
A. "Applicable Laws' means all Federal, State, and local laws, rules and regula-
tions that apply to Republic's handling, transfer, and release of solid waste at the
Subject Property.
B. "Environmental Requirements" means all laws, ordinances, statutes, codes,
rules, regulations, agreement, judgments, orders and decrees, now of hereafter
enacted, promulgated, or amended, of the United States, the State of Arizona, or any
local government with jurisdiction over the Subject Property relating to pollution,
the protection or regulation of human health, natural resources, or the environment,
or the emission, discharge, release or threatened release of pollutants, contaminants,
chemicals, or industrial, toxic or hazardous substances or waste in the environment
(including, without limitation, ambient air, surface water, ground water or land or
soil).
C. "Hazardous Waste" means any solid waste now or hereafter defined as "ha-
zardous waste" in (i) the Resource Conservation and Recovery Act (42 U.S.C. § §6901
et seq.) ( "RCRA ") or regulations promulgated under RCRA; (ii) A.R.S. § 49 -921; or
(iii) any provision of law that takes the place of RCRA or A.R.S. § 49 -921.
2. Use of the Subject Property as a solid waste transfer station. Republic may use the Sub -
ject Property as a solid waste transfer station, subject to the conditions and require-
ments set forth in this Agreement.
3. Enclosure of waste transfer activities. All waste transfer activities shall be conducted
within a fully- enclosed building.
4. Enclosure of the Subject Property. The Subject Property (including, at Republic's op-
tion, the remainder of Republic's property described in Exhibit A) shall be surrounded
by a block wall as deemed acceptable by the Marana Planning Director.
5. No Hazardous Waste. No Hazardous Waste shall be handled or transferred at the
Subject Property.
6. Compliance with Applicable Laws and Environmental Requirements. Republic shall
comply with Applicable Laws and Environmental Regulations at the Subject Property.
7. Odor control.
A. Republic shall control odors encountered or created on the Subject Property
while it is being used as a solid waste transfer station, including odors associated
with site sanitation.
B. Republic shall investigate odor complaints, ascertain the odor source, and
promptly implement reasonable and appropriate odor control measures.
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C. Odor suppression agents, if used, shall be water soluble, non - toxic, non-
reactive, and non - volatile. The use of petroleum based products for odor suppres-
sion is strictly prohibited.
D. Republic shall use best management practices to control odors at and emanat-
ing from the Subject Property, including without limitation the following:
i. Diesel engines not in active use and on idling dumpers waiting five minutes
or more to load or unload material shall be turned off.
ii. A staging zone shall be established for trucks that are waiting to load or
unload, in a location where the diesel emissions will not be noticeable to the pub-
lic.
iii. Spilled debris shall be promptly cleaned and removed from the Subject
Property, from storage and transport containers, and from waste handling facih-
ties.
iv. By the time the last employee leaves the Subject Property at the end of
each business day, all solid waste shall be removed from the Subject Property.
v. Water and cleaning solutions used on the Subject Property shall drain into
a contained collection area and routinely pumped out and removed from the
Subject Property.
E. If Marana receives legitimate repeated or persistent odor complaints relating
to the use of the Subject Property as a solid waste transfer station, Republic shall
take reasonable steps to remediate the problem so that the resulting odor meets the
following standards:
i. No air contaminant, including a contaminant detectable by the sense of
smell, shall be present in such quantity and duration which is injurious to human
health, according to then- current standards adopted by the United States gov-
ernment or the State of Arizona.
ii. Two air samples sampled at least 15 minutes apart within a two -hour pe-
riod at any boundary location of the Subject Property shall not exceed concentra-
tions greater than 50 parts per billion (ppb) of hydrogen sulfide. .
iii. Emission shall be limited to an odor that is undetectable at seven dilutions
with odor free air as determined by a scentometer, Nasal Ranger® Field Olfac-
tometer, or equivalent. The occurrence shall be measured by at least two mea-
surements within an hour, separated by at least 15 minutes. Notwithstanding
anything to the contrary set forth in this subparagraph, if some other method or
equipment for measuring emissions is available to Republic and used by Repub-
lic in its operation of similar facilities or provides a more reliable or accurate
measurement than a scentometer, Nasal Ranger® Field Olfactometer, or equiva-
lent, Republic may utilize that method or equipment and comply with reasona-
ble standards associated with that method or equipment.
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8. Wind - blown trash and Iitter control.
A. Republic shall keep the Subject Property in a neat and orderly condition and
shall work with the adjacent property owners to pick up litter on adjacent properties
resulting from solid waste transfer station operations at the Subject Property. Partic-
ular attention shall be paid to the administration building, scale area, waste transfer
area, perimeter fencing and drainage channels.
B. Republic shall appoint a litter control team to control litter and other foreign
material emanating from the solid waste transfer station, and shall assign extra per -
sonnel as reasonably needed to control litter. Republic shall ensure that solid waste
transfer operations are conducted in a manner that minimis wind -blown litter.
C. To promote litter -free operation, Republic shall:
i. establish requirements for haulers to cover and secure loads, including
charging uncovered load fees,
ii. use commercially reasonable efforts to collect uncovered load fees and to
ban haulers and customers who repeatedly fail to cover or secure loads,
iii. employ personnel to remove litter along the Subject Property access drive
to Tangerine Road on a regular basis, but not less than once every 30 days, and
iv. employ personnel to remove litter along Tangerine Road from the inter-
section of Tangerine Road and the Subject Property access drive to the Tangerine
Road Interstate 10 interchange on a regular basis, but not less than once every
30 days.
D. If Republic fails to comply with its litter removal obligations, Marana may de-
liver written notice to Republic specifying the failure and demand that Republic
commence litter removal activity in accordance with this Agreement. If Republic
fails to commence the requested litter removal within one business day of Republic's
receipt of the notice, Marana may engage Marana personnel or third -party contrac-
tors to complete the litter removal on Republic's behalf and invoice Republic for the
actual and reasonable cost of the work. Republic shall make full payment on the in-
voice within 30 days.
9. Approved haul route. All semi - trailer trucks leaving the Subject Property shall exit
west on Tangerine Road to Interstate 10 and northwest to the northern boundary of
Marana. All semi- trailer trucks arriving at the Subject Property shall use the same route
in reverse.
10. Traffic control improvements by others. Republic acknowledges that Marana will not
issue certificates of occupancy for the Subject Property unless and until a traffic impact
analysis has been completed for the entire anticipated development of Rancho Palomi-
tas as set forth in the Rancho Palomitas Specific Plan, and any roadway or traffic control
improvements have been completed as Marana staff and consultants determine are
warranted based on the data and findings of the traffic impact analysis. The Parties
understand and acknowledge that the traffic impact analysis and any roadway or traffic
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control improvements required based on the traffic impact analysis are anticipated to be
undertaken and completed by the developer of Rancho Palomitas in connection with a
currently- pending subdivision plat for Rancho Palomitas.
11. Annual litter control fee. Republic shall pay Marana an annual litter control fee
when Republic applies for a certificate of occupancy to begin operating a solid waste
transfer station on the Subject Property, and shall pay an annual litter control fee on
each anniversary of the commencement of solid waste transfer station operations on the
Subject Property for so long as the Subject Property is used as a solid waste transfer
station. The fee shall be used by Marana to defray the cost of litter control along public
roads that Marana reasonably believes are affected by litter associated with Republic's
operations at the Subject Property. The annual litter control fee is in addition to any
reimbursement for litter removal under paragraph 8.1) above. The annual litter control
fee shall be determined and paid in accordance with the following:
A. The amount of the annual litter control fee shall be $7,500 for the operation of
the solid waste transfer station as initially contemplated, consisting of four waste
transfer station dumper bays.
B. The amount of the annual litter control fee shall be increased by $3,750 for
each two additional transfer station dumper bays constructed at the Subject Proper-
ty.
C. Republic shall not operate a solid waste transfer station on the Subject Proper-
ty until the initial annual litter control fee has been paid.
D. If payment of an annual litter control fee is not made on or before the anniver-
sary of the commencement of solid waste transfer station operations on the Subject
Property, Republic shall pay, in addition to the annual litter control fee, a late fee as
follows:
i.1O% of the total amount due if payment is less than 30 days late.
ii. 20% of the total amount due if payment is 30 or more days late.
12. Successors and assigns. This Agreement shall inure to the benefit of and be binding
upon the successors and assigns of the Parties pursuant to A.R.S. § 9- 500.05 (D). No
assignment shall relieve either Party of its obligations under this Agreement except that
an assignment by Republic in connection with the transfer of title to the Subject Proper-
t shall relieve Republic of its obligations under this Agreement if the transferee agrees
to be fully bound by the provisions of this Agreement.
13. Indemnification. Republic shall indemnify, defend and hold harmless Marana, its
departments, officers, employees and agents from, for, and against any and all claims,
suits, actions, legal proceedings, administrative proceedings, demands, losses or ex-
penes, including reasonable attorney's fees, which are attributable to any negligent or
intentional act or omission done in furtherance of the provision of the Agreement of
Republic, its employees, agents, subcontractors, volunteers or anyone acting under the
direction or control or on behalf of Republic or anyone employed by them.
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14. Term. The term of this Agreement shall commence on the Effective Date and con -
tinue for the Operation Life of the solid waste transfer station, unless terminated sooner
as provided in this Agreement.
15. Notices. All notices, requests, demands, and other communications under this
Agreement shall be in writing and shall be deemed given if personally delivered or
mailed, certified mail, return receipt requested; to the following addresses:
If to Marana, to: Town Manager
Town of Marana
11555 W. Civic Center Drive - Bldg A3
Marana AZ 85653
If to Republic, to: Republic Services of Arizona Hauling, LLC
c/o Republic Services Holding Co., Inc.
18500 N. Allied Way
Phoenix AZ 85054
16. No waiver of strict performance. The failure of the Parties to insist upon a strict per-
formance of any of the agreements, terms, covenants and conditions of this Agreement
shall not be deemed a waiver of any rights or remedies that the Parties may have and
shall not be deemed a waiver of any subsequent breach or default in any of such
agreements, terms, covenants and conditions.
17. Authority to execute Agreement. The individuals executing this Agreement hereby
represent that they have full right, power, and authority to execute this Agreement on
behalf of their respective Party.
18. Entire agreement. This Agreement constitutes the entire agreement and under-
standing of the Parties pertaining to the subject matter of the Agreement and super-
sedes all offers, negotiations, and other agreements of any kind. All prior and contem-
poraneous agreements, representations and understandings of the Parties, oral or writ-
ten, are superseded and merged in this Agreement. There are no representations or
understandings of any kind not set forth in this Agreement.
19. Governing law. This Agreement shall be construed in accordance with the laws of
the State of Arizona.
20. Exhibits. Exhibits attached to this Agreement shall be deemed to have been in-
corporated in this Agreement by this reference with the same force and effect as if fully
set forth in the body of this Agreement
21. Recordation. This Agreement shall be recorded in its entirety in the official
records of Pima County, Arizona.
22. Amendments. This Agreement shall not be amended except by a written agree-
ment executed by all of the Parties and recorded in the official records of Pima County,
Arizona.
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23. Force majeure. Notwithstanding any other term, condition or provision of this
Agreement to the contrary, if any Party to this Agreement is precluded from satisfying
or fulfilling any duty or obligation imposed upon it due to labor strikes, material short-
ages, war, civil disturbances, weather conditions, natural disasters, acts of God, or other
events beyond the control of that Party, the time period provided herein for the perfor-
mance by that Party of such duty or obligation shall be extended for a period equal to
the delay occasioned by those events.
24. Attorneys' fees. If any Party brings any civil action to enforce or terminate this
Agreement or to recover damages for the breach of any of the provisions, covenants or
terms of this Agreement on the part of another Party, the prevailing Party shall be en-
titled to recover, in addition to any relief to which the prevailing Party may be entitled,
all costs, expenses and reasonable attorneys' fees incurred in connection with the civil
action.
25. Counterparts. This Agreement may be executed in two or more counterparts, each
of which shall be deemed an original, but all of which together shall constitute one and
the same instrument. The signature pages from one or more counterparts may be re-
moved from such counterparts and such signature pages all attached to a single instru-
ment so that the signatures of all Parties may be physically attached to a single docu-
ment.
26. Effective date. This Agreement is effective when it is recorded in the office of the
Pima County Recorder or when Republic takes title to the Subject Property, whichever
occurs later.
27. Conflict of interest. This Agreement is subject to A.R.S. § 38 -511, which provides
for cancellation of contracts in certain instances involving conflicts of interest.
[Remainder of page intentionally left blank.]
100027899.DOC / 2} REPUBLIC SERVICES/rOWN OF MARANA DEVELOPMENT AGREEMENT 9/23/2011 10:44 AM FJC
Regular Council Meeting - November 1, 2011 - Page 49 of 54 -7-
IN WITNESS WHEREOF, the Parties have duly executed this instrument below.
"MARANA" "REPUBLIC"
TOWN OF MARANA REPUBLIC SERVICES OF ARIZONA
HAULING, LLC, an Arizona limited
liability company, doing business as
Saguaro Waste Service
Ed Honea, Mayor By: REPUBLIC SERVICES HOLDING
Date: COMPANY, INC., a Delaware
corporation, its sole member
ATTEST:
By:
Tim M. Benter, Vice President
Jocelyn Bronson, Town Clerk Date:
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
STATE OF ARIZONA )
Ss.
County of Pima )
This instrument was acknowledged before me this _ day of
2011 by Tim M. Benter, Vice President of REPUBLIC SERVICES HOLDING COMPANY, INC., a
Delaware corporation, sole member of REPUBLIC SERVICES OF ARIZONA HAULING, LLC, an
Arizona limited liability company, doing business as Saguaro Waste Service, on behalf
of the LLC.
(Notary seal)
Notary Public
100027899.DOC / 2} REPUBLIC SERVICEsy rOWN OF MARANA DEVELOPMENT AGREEMENT 9/23/2011 10 :44 AM FJC
Regular Council Meeting - November 1, 2011 - Page 50 of 54 -8-
LIST OF EXHIBiTs
Exhibit A. Legal description of the land Republic is purchasing
(00027899.DOC 2) REPUBLIC SERVICEWOWN OF MARANA DEVELOPMENT AGREEMENT 9/23/201110:44 AM FJC
Regular Council Meeting - November 1, 2011 - Page 51 of 54 -6-
LEGAL DESCRIPTION
REPUBLIC SERVICES OF ARIZONA HAULING, LLC
15.96 ACRE PARCEL
ASSESSOR'S TAX PARCEL 216- 07001A
A PORTION OF THE WEST HALF OF LOT 4 AND THE WEST HALF OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP
12 SOUTH, RANGE 12 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY,
ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 4;
THENCE SOUTH 00 0 14'03" EAST ALONG THE WEST LINE OF SAID NORTHWEST
QUARTER OF SECTION 4, A DISTANCE OF 1,363.08 FEET TO THE POINT OF
BEGINNING;
THENCE DEPARTING SAID WEST LINE, SOUTH 89 °37'25" EAST, 87.45 FEET;
THENCE NORTH 70°01' 18" EAST, 91.70 FEET;
THENCE NORTH 13 0 27'33" EAST, 145.92 FEET;
THENCE NORTH 68 0 49'22" EAST, 98.81 FEET;
THENCE SOUTH 00 0 14'03" EAST, 110.24 FEET TO THE BEGINNING OF TANGENT
CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 100.00 FEET;
THENCE SOUTH AND EAST ALONG SAID CURVE, THROUGH A CENTRAL ANGLE
OF 89 °44'44 ", AN ARC DISTANCE OF 156.64 FEET TO A TANGENT LINE;
THENCE SOUTH 89 0 58'47" EAST, 28.47 FEET (ALTA SURVEY), (SOUTH 88 °54'26"
EAST 81.49 FEET CALCULATED) TO THE BEGINNING OF TANGENT CURVE
CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 40.00 FEET;
THENCE EAST AND SOUTH ALONG SAID CURVE, THROUGH A CENTRAL ANGLE
OF 89 0 44'44 ", AN ARC DISTANCE OF 62.65 FEET TO A TANGENT LINE;
THENCE SOUTH 00 0 14'03" EAST, 544.80 FEET TO THE BEGINNING OF TANGENT
CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 50.00 FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE
OF 45 AN ARC DISTANCE OF 40.07 FEET TO A POINT OF REVERSE
CURVATURE;
P:\Jobs\270 TANGERINE COMMERCE PARK\Legal Descriptions \15_96 Acre Parcel Description_ALTA Survey.doc Page I of 2
Regular Council Meeting - November 1, 2011 - Page 52 of 54
Exhibit A to Republic Services/Town of Marana Development Agreement
THENCE SOUTHEASTERLY ALONG SAID CURVE CONCAVE TO THE EAST, HAVING
A RADIUS OF 65.00 FEET, THROUGH A CENTRAL ANGLE OF 135 AN ARC
DISTANCE OF 154.20 FEET TO A NON - TANGENT LINE;
THENCE SOUTH 00 0 14'03" EAST, 529.30 FEET TO THE SOUTH LINE OF SAID
NORTHWEST QUARTER OF SECTION 4;
THENCE NORTH 89 WEST ALONG SAID SOUTH LINE, 551.43 FEET TO THE
WEST QUARTER CORNER OF SAID SECTION 4;
THENCE NORTH 00 0 14'03" WEST ALONG SAID WEST LINE OF THE NORTHWEST
QUARTER OF SECTION 4, A DISTANCE OF 1,264.17 FEET TO THE POINT OF
BEGINNING;
CONTAINING 15.96 ACRES, MORE OR LESS.
THE BASIS OF BEARING IS SOUTH 89 0 58'47" EAST, ALONG THE NORTH LINE OF
THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 12 SOUTH, RANGE 12 EAST,
GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA, PER THE
ALTA/ACSM LAND TITLE SURVEY PREPARED BY THE MATTHEWS COMPANY, JOB
NO. 36506, DATED 3/23/11, AND THE RECORD OF SURVEY RECORDED IN BOOK 62
OF SURVEYS AT PAGE 67, RECORDS OF PIMA COUNTY, ARIZONA.
P:\Jobs\270 TANGERINE COMMERCE PARK\Legal Descriptions \15_96 Acre Parcel Description_ALTA Survey.doc Page 2 Of 2
Regular Council Meeting - November 1, 2011 Page 53 of 54
Exhibit A to Republic Services/Towrl of Marana Development Agreement
A ANA'
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, November 1, 2011, 7:00:00 PM
To: Mayor and Council Item D I
From: Gilbert Davidson , Town Manager
Strategic Plan Focus Area:
Not Applicable
Subject: Legislative/Intergovernmental Report: regarding all pending state and federal
legislation and report on recent meetings of other legislative bodies
Discussion:
This item is scheduled for each regular council meeting in order to provide an opportunity for
discussion of any legislative or regional intergovernmental item that might arise. Periodically, an
oral report may be given to supplement the Legislative Bulletins.
ATTACHMENTS:
Name: Description: Type:
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 - November 1, 2011 -Page 54 of 54
mar - �.
MARIANA
STATEMENT OF AGENDA CONFLICT
I, declare a conflict on Agenda Item
f7 — 2 , entitled . /A 7
For the following reason(s):
e�� Ael 7 C
Signature Date