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04/17/2012 Council Agenda Packet
ARAN, vvw AVON W*000*. MARANA TOWN COUNCIL REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, April 17, 2012, 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 courtes to others I lease turn off or ut 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 printed in Braille or large print, a signer for the hearing impaired, etc., will be accommodated. Such Regular Council Meeting - April 17, 2012 - Page 1 of 108 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 atwww.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, April 16, 2012, 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 Public Safety Telecommunications Proclamation MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS PRESENTATIONS CONSENT AGENDA The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion will approve all items on the Consent agenda, including any resolutions or ordinances. A Council Member may remove any issue from the Consent agenda, and that issue will be discussed and voted upon separately, immediately Regular Council Meeting - April 17, 2012 - Page 2 of 108 following the Consent agenda. C 1: Resolution No. 2012 -22: Relating to Development; approving a preliminary plat for Skyranch II Lots 1 -53 and Common Areas "A" (private streets) and "B" (open space) (Kevin Kish) C 2: Resolution No. 2012 -23: Relating to Streets; approving and authorizing the renaming of West Regency Plaza Street to West Aerie Drive (Kevin Kish) C 3: Minutes of the April 3, 2012 regular meeting LIQUOR LICENSES L 1: Relating to Liquor Licenses; recommendation to the state liquor board regarding the special event liquor license application submitted by the Marana Heritage Conservancy for a fundraiser event to be held at Ora Mae Ham Park (Jocelyn C. Bronson) BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION A 1: PUBLIC HEARING: Ordinance No. 2012.02: Relating to Development; rezoning approximately 7.1 acres of land located south of Cortaro Farms Road, approximately 400 feet east of Cerius Stravenue, from R -36 (Single- Family Residential - minimum lot size of 36,000 square feet) to NC (Neighborhood Commercial) (Kevin Kish) ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Presentation: Relating to Finance; presentation, discussion and possible direction on proposed changes to the comprehensive fee schedule and other various rate and fee adjustments (Erik Montague) D 2: Presentation: Relating to Budget; review, consideration and direction to staff regarding the fiscal year 2012 -2013 managers recommended budget for the General Fund (Gilbert Davidson and Erik Montague) D 3: Relating to Legislation and Government Actions: Discussion and possible action regarding all pending state, federal, and local legislation/government actions and on recent and upcoming meetings of other governmental bodies (Gilbert Davidson) EXECUTIVE SESSIONS E 1: Executive Session pursuant to A.R.S. §38- 431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. E 2: Executive session pursuant to A.R.S. § 38- 431.03(A)(3),(4) and (7), 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 11 0381; (2) the Regular Council Meeting - April 17, 2012 - Page 3 of 108 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)(7) to instruct the Town's representatives regarding Arizona State Land Department Public Auction Sale No. 53- 113635 E 4: Executive session pursuant to A.R.S. § 38- 431.03(A)(3) and (4) for discussion or consultation with the Town's attorneys for legal advice and to consider the Town's position and instruct the Town's attorneys regarding the Town's position in contemplated litigation or in settlement discussions conducted in order to avoid litigation regarding the Town's denial of a sexually oriented business license application filed by Harris News, Inc. and John Coil 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 - April 17, 2012 - Page 4 of 108 MARANA 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, April 17, 2012, 7:00 PM To: Mayor and Council Item C 1 From: Kevin Kish, Planning Director Strategic Plan Focus Area: Community Strategic Plan Focus Area - Additional Information: Because of the grading limitations within the Skyranch, this preliminary plat demonstrates how protection of the Sonoran Desert can co -exist with residential development. Subject: Resolution No. 2012 -22: Relating to Development; approving a preliminary plat for Skyranch II Lots 1 -53 and Common Areas "A" (private streets) and "B" (open space) Discussion: Request The owner requests preliminary plat approval for a 53 -lot single family detached home subdivision on approximately 17.5 acres within the Skyranch development. Location On the final plat for Skyranch approved by Town Council on June 15, 2004, Block "A" at the northeast corner of Camino de Mariana and Big Sky Drive is designated as "Future Residential Development." The proposed subdivision will be located within this block. Zo The zoning for Skyranch II is F (Specific Plan - Skyranch). Per the Skyranch Specific Plan the land use designation for the lots will be RA (Residential Area - 6,000 square foot minimum lot size). The minimum lot size within Skyranch II is 7752 square feet (lot 51) with an average lot size of 8274 square feet. Site Disturbance Per the Skyranch Development Agreement approved by Town Council on June 15, 2004, the project is to be developed in accordance with the Skyranch Habitat Conservation Plan (HCP). The HCP states "The area to be graded is planned for 20% and will not exceed 22% of the Property." The remaining 80% to 78% is to be preserved as natural undisturbed open space. The total percent of disturbance of Skyranch and the proposed Skyranch II is within the parameters of the Skyranch HCP. Transportation All roads are proposed to be private. This project will have one access off Big Sky Ranch Drive Regular Council Meeting - April 17, 2012 - Page 6 of 108 via Street "A." Per the Specific Plan, 53 lots can be served by a single access point. Northwest Fire District is allowing the lot and street layout subject to residences within this project being equipped with automatic residential fire sprinklers. The typical street section is a 46 foot wide right -of -way, with 28 feet of road pavement. Park Requirement and Impact Fee Area Per the Skyranch Specific Plan, no parks will be provided within the project due to the environmental sensitivity of the area. Per U.S. Fish and Wildlife Service recommendation, the site will remain predominantly a natural setting with opportunities for walking, wildlife observation and passive recreation. However, the builder will contribute fees in -lieu of an actual park site. The builder will also be responsible for all applicable transportation impact fees along with a voluntary school contribution of $1,200 per unit, payable at time of building permit issuance. ATTACHMENTS: Name: Description: Type: ❑ Resolution Skyranch II PP.doc Resolution Skyranch II PP Resolution ❑ Location_Map_.. Location Map Skyranch II PP Backup Material Skyranch II PP PRV- 11053.pdf Application...._ Skyranch II PPPRV- 11053 pdf Application Skyranch II PP Backup Material Preliminary _Plat _Skyranch II PRV- 11053.pdf Preliminary Plat Skyranch II Cover Memo Staff Recommendation: Staff has reviewed the application for compliance with the Skyranch Specific Plan, the Skyranch Development Agreement, the Marana Land Development Code and the Marana General Plan. This preliminary plat is in substantial conformance with all required development regulations. Commission Recommendation - if applicable: This preliminary plat was present to the Planning Commission on March 28, 2012, and received a unanimous recommendation for approval. Suggested Motion: I move to adopt Resolution No. 2012 -22, approving a preliminary plat for Skyranch II Lots 1 -53 and Common Areas "A" (private streets) and "B" (open space). Regular Council Meeting - April 17, 2012 - Page 7 of 108 MARANA RESOLUTION NO. 2012 -22 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A PRELIMINARY PLAT FOR SKYRANCH II, LOTS 1 -53, COMMON AREAS "A" AND "B" WHEREAS, the Mayor and Town Council approved and adopted the Skyranch Specific Plan on October 2, 2001 by Ordinance 2001.14, and approved a final plat for Skyranch Lots 1- 365, Blocks "A" and "B ", Parcel "A" and Common Areas "A ", "B" and "C" on June 15, 2004 by Resolution 2004 -57, and subsequently entered into a Development Agreement with the developer on June 15, 2004 by Ordinance 2004.86; and WHEREAS, Stellar Gray, L.L.C. (formerly Sky Ranch Adobes L.L.C.), has applied for approval of a preliminary plat for Skyranch II consisting of 17.5 acres, including Lots 1 -53, and Common Areas "A" (private streets) and `B" (open space), and generally located within Block "A" of the Skyranch final plat at the northeast corner of Camino de Manana and Big Sky Ranch Drive; and WHEREAS, the Town Council, at its regular meeting on April 17, 2012, determined that the preliminary plat for Skyranch II should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the preliminary plat for Skyranch II, Lots 1 -53, and Common Areas "A" (private streets) and `B" (open space), is hereby approved. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 17` day of April, 2012. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Marana Resolution No. 2012 -22 Regular Council Meeting - April 17, 2012 - Page 8 of 108 MARANA PLANNING & ENGINEERING APPLICATION 1. TYPE 01? APPLICATION (Check One) O Preliminary Plat 0 Final Plat 0 General Plan Amendment 0 Variance O Development Plan 0 SWPPP 0 Landscape Plan 0 Native Plant Permit O Specific Plan Amendment 0 Conditional Use Permit 0 Rezonc/Specif Plan 0 Annexation O Significant Land Use Change 0 Minor Land Division 0 Water Plan O Improvement Plan (specify type in Description of Project box ") 0 Other 2. GENERAL DATA REQUIRED Assessor's Parcel General Plan Designation Number(s) 2 2 4 —1 3 — 3 7 5 0 (To be confirmed by staff) Gross Area (Acre /Sq. Ft.) 17.5 AC / 7 6 5, 0 6 7 SF Current Zoning „F" (To be confirmed by staff) DevelopmentlProjectName Skyranch II, Lots 1 -52 Proposed Zonig N/A Project Loeation Camino de Manana & Big Sky Ranch Drive Description of Project' Single Family Residential Property Owner Sky Ranch Adobes LLC Street Address ** See attachment ** City State Zip Code Phone Number Fax Number E -Mail Address Contact Person Phone Number / E -mail Applicant Street Address City State Zip Code Phone Number Fax Number E -Mail Address Contact Person Phone Number / E-mail Agent/Representative Baker & Associates Engineering, Inc. Street Address 3561 E. Sunrise Drive, #225 City State Zip Code Phone Number Fax Number E-Mail Address Tucson AZ 85718 318 -1950 318 -1930 marty@baetucson.com Contact Person Marty Ma ge l l i , P.E. Town of Marana Business License No. 3. AUTHORIZATION 01? PROPERTY OWNER I, the undersigned, certify that all of the facts set forth in this application are true to the best of my knowledge and that I am either the owner of the property or that I have been authorized in writing. by the owner to file this application and checklist. (If not owner of record, attach written authorization from the owner.) s � ' °:�v,+� . t 1� '' � 41101 Print Name of Appl' ant/Agent Sig hue Date 11555 W. Civic Center Drive, Bldg. A2•Marana, AZ 85653- 7003 ■Telephone (520) 382 - 2600 •Fax (520) 382 -2641 Ca ei6 r4 ! --//05 p I &'ct by _J. C�2w PRV11/o - 6o3 6Yr / /". Regular Council Meeting - April 17, 2012 - Page 10 of 108 i pEq Z _ y 1 •- I - 1.40:1 k, . 6 .!i' °"cry `-i i IA = a 'mss . latweiiii • \\ F .. OD s 'S d & �. a 1 >- L § jig ��\ k E Q it I'll ¢ F J L i EiE ( � 4 a 22 blip C � Y_ i �G y¢ y! E _ J 1 4 e l i § I 1160.' i 6 1 Y ! 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" -- :,,l,. 1 . tom\ R , \ .40. { \ 1 ` . • gnw; i - 1 \ ^\ \ \ ' \ K / / \ \ \\ i • t, L � '\ a _ a tu ....., --:, .--,:-. - ....---- -? -,,,'',:-"' 7 ' -— G- . m. r C MARANA it N 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, April 17, 2012, 7:00 PM To: Mayor and Council Item C 2 From: Kevin Kish, Planning Director Strategic Plan Focus Area: Community Subject: Resolution No. 2012 -23: Relating to Streets; approving and authorizing the renaming of West Regency Plaza Street to West Aerie Drive Discussion: The Town of Marana received a street name change request from Alta Vista Communities V LLC. The request is for W. Regency Plaza Street be changed to W. Aerie Drive. The applicant owns three of the ten lots adjacent to Regency Plaza Street and is currently developing a 166 unit applicant apartment complex on two of the lots. The requested change has been reviewed by the Town of Marana per the procedures outlined in the Town Addressing Manual. If the request meets the street naming standard requirements as defined in the Manual, property owners adjacent to the street who will be affected by the renaming are notified. If 51% or more of the noticed property owners approve of the street name change, the request will be sent to the Town Council for approval. Since notification, the Town has received approval of the street name change from six out of the ten adjacent property owners and one letter from a property owner (who is not addressed from the Regency Plaza) not in favor of approval of the request. ATTACHMENTS: Name: Description: Type: O Resolution Regency Plaza_Street Rename.doc Resolution Resolution O .Regency pIaza_Street Map.pdf Location Map Backup Material 0 Regency Pllaza_Rename_Request.pdf Request Letter Backup Material O Lashley Letterpdf Lashley Letter Backup Material Staff Recommendation: Staff has no objection to the proposed renaming of W. Regency Plaza Street to W. Aerie Drive. Suggested Motion: I move to adopt Resolution No. 2012 -23, approving and authorizing the renaming of Regency Plaza Street to Aerie Drive. Regular Council Meeting - April 17, 2012 - Page 15 of 108 MARANA RESOLUTION NO. 2012-23 RELATING TO STREETS; APPROVING AND AUTHORIZING THE RENAMING OF REGENCY PLAZA STREET TO AERIE DRIVE WHEREAS a request has been made to rename the street Regency Plaza to Aerie Drive; and WHEREAS, the Town finds it is in the best of the traveling public to rename the street Regency Plaza to Aerie Drive. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that street Regency Plaza shall be renamed Aerie Drive, is hereby approved. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 17 day of April, 2012. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Marana Resolution No. 2012 -23 Regular Council Meeting - April 17, 2012 - Page 16 of 108 ;_ x #, "--'a4 # � � a - z -- ' e ,,.,».d '' ` .�., ..r�' "`m '+r L...:..il hel * * ) ' ' A -- l' - ,, 1 , ' . i:i -.'.:. .. ,. ,----,-.1.1-.: r ...,„....,-- - ‘ , c:1,..„,,„1,.....,,„,,it., a \\,,,,,,,,, 1 1 1 1 g m �. -7--1 1# € . 1 1 �x I a It ' ' t �., -k a a 4 I .....— 1 ? i .''''' ! I I > .. , ' , . i ' it ' _ I c' R te , i . : , ! i 4 - I .iTii:..11... 0 . ,,,,*. - : ., , , . ,, - 1 ,_ 1 ti, 1 ‘II, ,,,' , ' . . ,,, s i ,, 1. 1 , t , . 6 - 'i-, ... .. 1 .... ..,,...............„ ,,, , I t it r 4. 1 I. TIN CUP PROPERTIES, LLC 6262 N. CAMINO VERDE TUCSON, AZ 85743 Phone 520.743.1998 Fax 520.743.8675 e -mail: whipsailsOmsn.com April 4, 2012 • Planning Director Town of Manna 11555 W Civic Center Drive Marana, AZ 85653 Re: Street Name Change of Regency Plaza Road Dear Sir: Tin Cup Properties LLC is the owner of Regency Plaza, located at the SW corner of Ina Road and Regency Plaza Road. We oppose the name change ofthe road. The proposed name is not in keeping with the Southwest heritage of Manna or Arizona. It is a difficult name to pronounce and spell -- -the Town planners could not spell it without reference. Fire and police responders will have difficulty with the name. We do not oppose the building of rental casitas or;rental homes and the name of their development, however there is no compelling reason to change something that has been such for almost 30 years. ifthis comes before the Town Council, please advise me ofthe date and time of the meeting. Sincerer ° • n Lashle / Manager Regular Council Meeting - April 17, 2012 - Page 20 of 108 ARIA REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, April 3, 2012, at or after 7:00 PM Ed Honea, Mayor Patti Comerford, Vice Mayor David Bowen, Council Meurer Herb Kai, Council Member a Carol McGorray, Council Member Jon Post, Council Member,, Roxanne Ziegler, Council Member REGULAR COUNCIL METING CALL TO ORDER AND ROLL CALL. Mayo!rzonea called thtmeeting to order at 7:00 p.m. Deputy Town Clerk Torres called roll. All Council 1; Members were present except Councilmember Roxanne Ziegler who was excused A quorum was present. PLEDGE OF ALLEGIAStE /IN OCATION/MOMENT OF SILENCE. Led by Mayor Honea. APPROVAL OF AGENDA. on 1 �e,y Council Member Bowen, second by Council Member McGorray. Passed und't tously 6-0. CALL TO THE PUBLIC. David Morals of 13420 W. Price Lane, addressed Council a_ regarding his tern about an article that ran in the Arizona Daily Star on April 1 Mr. Morales believes.lat Marana has received its fair share of bond funding from the county. PROCLAMATIONS'' Holly Orloff Proclamation. Deputy Town Clerk Torres read the proclamation while Mayor Honea presented it and made remarks regarding Holly Orloff's time with Marana. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Town Manager Gilbert Davidson noted that the Marana Strategic Plan final copy has been published online and hard copies are available at Town Hall. Regular Council Meeting - April 17, 2012 - Page 241614 2012 Council Meeting Minutes 1 PRESENTATIONS P 1: Presentation: Relating to volunteerism; presentation from the Volunteers in Police Service (VIPS) on the number of volunteer hours served and the amount of savings to the Town. Police Chief Terry Rozema presented the item. He thanked the volunteers and noted that the hours these volunteers put in are countless and alleviate so much work that would otherwise have to be filled by paid staff. Mayor Honea and Council accepted a check from the VIPS for $150,483 representing the amount of time, energy and effort that has been given by the volunteers in the VIPS program. Chief Rozema noted that this program has been so successful because of support from the Town and also because Volunteer Coordinator, Lori Sheppard, has done a tremendous job coordinating the program. Mayor Honea expressed his appreciation for the volunteers taking time out of their lives to help keep the community safe. CONSENT AGENDA Motion to approve by Council Member Bowen, second by Council Member McGorray. Passed unanimously 6-0. Cl: Minutes of the March 20, 2012 regular meeting and the March 27, 2012 study session LIQUOR LICENSES L 1: Relating to Liquor Licenses; recommendation to the state liquor board regarding the special event liquor license application submitted by The Southern Arizona Arts and Cultural Alliance for a fundraiser event to be held at Marana: alth Center. lotion to approve by Council Member Post, second by Vice Mayor Conte. una July 6 - 0. BOARDS, COMMISSIONS AND COMMITTEES� COUNCIL ACTION r ITEMS FOR DISCUSSION1pOSSIBLF ACTION D 1: Relating to Legislation atti/Vovernm e Actions: Discussion and possible action regarding all pending state, , and loeat leg actions and on recent and upcoming meetings of Pther govern l bole. Mayor Honea noted that an update on the progress of various items in legislation *74 included includeittin the dais. • EXECUTIVE S IONS E 1: Executive Ss pursuant to A.R.S. §38- 431.03 (A)(3), Council may ask for discussion or consultation for legaltivvice 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 11 0381; (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 Regular Council Meeting - April 17, 2012 - Page 2M0119 9 2012 Council Meeting Minutes 2 FUTURE AGENDA ITEMS ADJOURNMENT. Motion to adjourn at 7:18 p.m. by Council Member Post, second by Council Member McGorray. Passed unanimously 6-0. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on April 3, 2012. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk a' X mss. r t u • y z 1 Regular Council Meeting - April 17, 2012 - Page 2W'I 2012 Council Meeting Minutes � 3 ARANA 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, April 17, 2012, 7:00 PM To: Mayor and Council Item L 1 From: Jocelyn C. Bronson, Town Clerk Strategic Plan Focus Area: Not Applicable Subject: Relating to Liquor Licenses; recommendation to the state liquor board regarding the special event liquor license application submitted by the Marana Heritage Conservancy for a fundraiser event to be held at Ora Mae Harn Park Discussion: The attached application is for a special event liquor license submitted by the Marana Heritage Conservancy for a fundraiser. The applicant for this special event liquor license has submitted a special event permit application as well. A special event liquor license is a temporary, non - transferable, on -sale retail privileges liquor license that allows a charitable, civic, fraternal, political or religious organization to sell and serve spirituous liquor for consumption only on the premises where the spirituous liquor is sold • and only for the period authorized on the license. Qualifying organizations will be granted a special event license for no more than 10 days in a calendar year. Events must be held on consecutive days and at the same location or additional licenses will be required. The license is automatically terminated upon closing of the last day of the event or the expiration of the license, whichever occurs first. The qualified organization must receive at least 25 percent of the gross revenues from the special event. Pursuant to state law, a person desiring a special event liquor license must request a special event application from the Department of Liquor Licenses and Control (DLLC). The applicant then must file the application with the town for events occurring within the town's limits. The town may then recommend approval or disapproval of the special event liquor license. If the special event liquor license application is approved by the Town Council, and the event meets the requirements for granting the license, the director of the DLLC will issue the special event liquor license to the qualifying organization. If the application is disapproved by the Town Council, the DLLC will normally not consider the application. Attached is the application for the Marana Heritage Conservancy special event to held on May 5, 2012 at Ora Mae Ham Park. ATTACHMENTS: Regular Council Meeting - April 17, 2012 - Page 24 of 108 Name: Description: Type: El Heritage Conservancy Special Event Liquor License Application.pdf Special Event LL Application Backup Material Staff Recommendation: Staff recommends approval of this special event liquor license application. Suggested Motion: OPTION 1: I move to adopt an order recommending approval of the special event liquor license application submitted by the Marana Heritage Conservancy for a fundraiser held at Ora Mae Harn Park. OPTION 2: I move to adopt an order recommending disapproval of the special event liquor license application submitted by the Marana Heritage Conservancy for a fundraiser held at Ora Mae Harn Park. Regular Council Meeting - April 17, 2012 - Page 25 of 108 ARIZONA DEPARTMENT OF LIQUOR UCENSES & CONTROL ern a 8OO il 5th Floor Ph eons 65007 -2934 7 5 141 APPLICATI s CIAL EVENT LICENSE Fee = $28,•.0.,'$ 0 3 ! a fqr i 1 O day events only . c A service fee of $25.00 will be ha y ! * e for t1 tlisl _ or f,chec s A.R S. 44-6852 ,NOTE. THIS DOCUMENT MUST BE FULL' . I TED OR IT WILL SE RETURNED, PLEASE ALLOW /0 :€ AY `FOR OCESSING. Application must be approved by local goverment btift,titt submission to Department of Llgttor' Licenses and Ctiriti.ol. { tin . 20) " .. LICENSE # 1„ Name of Organization: e ° -� rl V i i 2. Non- Profltll,R.S, Tax Exempt Number , 3. The organization is a: (check one box only) 0 Charitable 0 Fraternal (must have regular membership and in existence for over 5 years) Civic 0 ; Reli Q Political Party, Ballot Measure of Campaign Commute 4, What is the purpose of 911s event? on - site consurrrption ID off -site nst rtp (auction} 0 both 5. Location of the event:. i 4 Vi a .. ire of physical i c;atiion (Not P Box) ter County Zitzt r .lice ill r.'1.: m' a .11'sdl ®.., • J. ° i..: 1i t e , ' , i _.a■,*a i':..4°. .�.$ . . .;. : •' .., DI =. . CSI I4!a: the 0 a r 1,r1 I. 1 1 « - . on # , natture r u i hi _ n #tat i 6. Applicant .. . , �. F� _ _ te Date of B T.. Applicants Mailing Address: �. ., 4 .,4x..„ S. Street City Stott Zi 5, Phone Numbers: ( Site r ` nt's Bus less # _ Apt:iiicant's Home 0 9. Date(s) . s} & Hours of Event :1 . .R.$ 4-244(16) and (17) formal hours of service) •B a Day of Week Hours from A.M.tP.M.; To A,l1AJ.it4, Day t F 6 _ 7; Day 2: Day Day 4: Day 5: Day 6: Day 7: Day Day 9: Day 10: isablkd> dtq�* r t , , k . .I to ions, prey call (602) 5429021 tweeting - April 17, 201 - P age 6 of 108 10, Has the applicant been canvictect of a felony in the past five yeses, or had a liquor license • revoked? 0 YES 0 NO (attach eacpt .ion if ves) 11. This organization has been rued a special event license for days this year, .tluding this event (not to exceed10 days per year 12, Is the organization using the services of a promoter or other person tom na event? YES 'NO If yes, attach a copy of the agreement, 13. List all people and organizations who will receive the premeds. Accour t for 1O % of the pro THE ORGANI A .'AP'P'LYING MUST RECEIVE 25% OF THE GROSS REVE1NUES OF THE SPECIAL EVENT LIQUOR SALES. Name > . a Ar P enta9?e Address, 71# Narne Addr e (Attar t atkfitionat street it aryl 14. Krtowtedge of Arizona State t €quor Laws litle 4 is Irnric4rtant :to prevent liquor lame violations. If you have any questlena regarding the law or this application. please ntect the Arizona; State Department of t.aguor Lioarises ans! :Control for assistance. NOTE: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE T SITE ONLY. *No ALCOH01,,IC BEVERAGES SMALL LEAVE SPECIAL EVENT PREM ES" 15. What security and control measures w'il you take to prevent violations of state liquor laws at this event? type and number of aunt) personnel and type of fencing or control barriers if applicable) r4 Fencing # Security , nrtei' Barriers 16. Is there an etistirtg Liquor license at the location where the speci 1 alma is being hid? 0 YES NO If yes, does the existing busrn agree to suspend their' liquor ti� se during the time period, and in the area in t ti the `al event race will be in use? . 0 YES (ATTACH COPY OF AGREEMENT) ) Name of Business Phone Number '17. Your Licensed premises to that area in which you are authorized to sell, dispense, r. serve spirits , under the provisions of your license. The fallowing page is to tae , to area diagram of your event licensed remis . Fuse show dimensions, serv a' fencing, "barricades er outer ntrol measures and security positions, Regular Council Meeting - April 17, 2012 - Page 27 of 108 THIS SECTION TO BE COMPLETED ONLY BY AN OFFICER, DIRECTOR OR CHAIRPERSON OF THE ' �-� l ORGANIZATION NAMED IN QUESTION #1 G 18. I. 1< i Ia._ declare that I am an Officer /Director /Chairperson appointing the 4 T/ 112tt. nt full name) f ..-- applicant listed in uestion 6, to apply on behalf of tie for goin — anization for a Special Event Lig or License. C SC :ill i, _ — to);0‘ ,1 I f iL- -a cr '9 ( . 7 r 1 (5 ,) 7o' i--- oot/ 0 ibt1c - (Title/ Position) / (D e) (Phone #) y-, Notary Putiiic - Arizo na Pima County ,d <I 'V- cc t o of r p , j ` 7� 7 A ) County of � '1� G k ' M y Commission Expire�r Y:i .:: April a, 2014 The foregoing install ent was acknowledged before me this 4 a o Aim, I 4 / 9___i Da- Mo:t, h Year p My Commission expires on e• L ( ` ,, /� // 0 _,- , * ,"/ Date) (Signature of NOTARY PUBLIC) THIS SECTION TO BE COMPLETED ONLY BY THE APPLICANT NAMED IN QUESTION #6 19. I, P j( h \h• 'z_ . declare that I am the APPLICANT filing this application as (Print full name) listed in Questio, , I have read the application and the contents nd all statements are true, rrect and complete. -■ 1 41 State of fl E'( .1 /0 ,County of / .1 ill ii. l =� � - , �+ The foregoment was acknowledged before me this •" < . Pima County c tea My Commission Expires p :! , `/ 1i April 2014 �� � . y Mon / / Year . i / _ - Asa 22 / .exit -4 (Date) { (Signature of NO ARY PUBLIC) You must obtain local government approval. City or County MUST recommend event and complete item #20. The local governing body may require additional applications to be completed and submitted 60 days in advance of the event. Additional licensing fees may also be required before approval may be granted. LOCAL GOVERNING BODY APPROVAL SECTION 20. I, hereby recommend this special event application (Government Official) (Title) on behalf of (City, Town or County) (Signature of OFFICIAL) (Date) FOR DLLC DEPARTMENT USE ONLY Department Comment Section: (Employee) (Date) U APPROVED U DISAPPROVED BY: (Title) (Date) Regular Council Meeting - April 17, 2012 - Page 28 of 108 SPECIAL EVENT LICENSED PREMISES DIAGRAM (This diagram must be completed with this application) Special Event Diagram: (Show dimensions, serving areas, and label type of enclosure and security positions) NOTE: Show nearest cross streets, highway, or road if location doesn't have an address. -'Y SEE All'Acpeo Regular Council Meeting - April 17, 2012 - Page 29 of 108 A w ' 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, April 17, 2012, 7:00 PM To: Mayor and Council Item A 1 From: Kevin Kish, Planning Director Strategic Plan Focus Area: Commerce Subject: PUBLIC HEARING: Ordinance No. 2012.02: Relating to Development; rezoning approximately 7.1 acres of land located south of Cortaro Farms Road, approximately 400 feet east of Cerius Stravenue, from R -36 (Single- Family Residential - minimum lot size of 36,000 square feet) to NC (Neighborhood Commercial) Discussion: Rezoning Request The rezoning area is comprised of seven (7) parcels encompassing approximately 7.1 acres and described as Lots 3, 4, 5, 6, 7, 8, and 9 of the Oshrin Park subdivision. The parcels were annexed into the Town on January 19, 2010 via Ordinance 2010.04. During the annexation, the zoning was translated from Pima County SH (Suburban Homestead) to the equivalent Town of Marana zoning R -36 (single family residential - minimum lot size of 36,000 square feet). In this rezoning application the applicants are proposing to rezone the 7.1 acres from R -36 to NC (Neighborhood Commercial). The intent of the NC zoning district is to accommodate business and commercial uses that serve the neighboring residential areas. Marana General Plan The Marana 2010 General Plan designates the land within the proposed rezoning area as Low Density Residential (LDR), which accommodates both single - family detached homes and commercial development that serves the residential development with both pedestrian connectivity and automobile access. Staff fmds that the proposed rezoning is consistent with the Marana General Plan. Land Use The lots within the proposed rezoning area range in size from 43,584 square feet to 47,982 square feet, and have all been previously graded for residential development. Each lot currently contains a residential land use with the exception of Lot 4 which contains a modular building used as an office for the operation of a landscape contracting business with a portion of the lot used to store various landscaping materials. There are no adverse conditions unique to the rezoning area that would preclude commercial development. Topographic grades range from 0.5 to 1.5 percent, and the area is not affected by a FEMA Special Flood Hazard Area or localized off -site watershed. A preliminary drainage study has been completed to assess the current conditions and provide a basic understanding of the on -site and off -site drainage conditions. Future commercial development of these lots will require a detailed drainage report that will also assess proposed Regular Council Meeting - April 17, 2012 - Page 31 of 108 conditions and provide the final drainage solution. Post - development drainage conditions will not result in any negative impacts to the surrounding properties. Should the rezoning request be approved, all future commercial development proposed for the rezoning area will be subject to all applicable plan review and approval procedures through the Town of Marana including, but not limited to, development plan, landscape plan, native plant permit, and all associated improvement plans and construction documents. All proposed commercial development will meet or exceed the Town's Commercial Design Standards in order to ensure high quality and attractive development. The NC (Neighborhood Commercial) zoning district allows such land uses as medical, dental, and veterinary clinics, food stores, office buildings, restaurants, and similar uses. Commercial land uses are subject to minimum site size of one (1) acre, and maximum lot coverage by structures is limited to thirty -five (35) percent. A special buffer area of a minimum of twenty -five (25) feet is required adjacent to all residential uses. Building heights are limited to thirty (30) feet. The surrounding area has experienced significant commercial development, particularly west of Interstate 10 in Continental Ranch. Smaller scale and less intensive commercial development has occurred east of the Interstate in the vicinity of the rezoning area including the recent development of Lots 1 and 2 of Oshrin Park for the Quik Trip convenience store and fueling facility. The adjacent properties to the north, across Cortaro Farms Road, are zoned R -8 (single - family residential), R -36 (single- family residential) and NC (Neighborhood Commercial). The property adjacent to the west boundary of the rezoning area is zoned NC (Neighborhood Commercial). The remaining lots within the Oshrin Park subdivision south of the rezoning area are zoned SH [Suburban Homestead (Pima County)], and the property to the east is Zoned R -6 (single - family residential). Access and Circulation The rezoning site analysis has preliminarily touched upon the access and circulation issues associated with this project; however, both off -site and on -site circulation will be reviewed more thoroughly during the development plan and improvement plan review processes. The owner / developer will be responsible for submitting a detailed traffic study for the particular lots at the time of development plan review. As part of the development of the lots within the rezoning area, driveways will be spaced in accordance with adopted standards for minimum driveway spacing, which may require the consolidation of existing driveways and/or the establishment of cross - access easement agreements between adjoining lots. Given that Cortaro Farms Road is an arterial roadway, driveway consolidation is desirable for safe and effective access management. Future commercial development is preferred to single - family residential within the rezoning area, as such driveway consolidation is much more feasible with commercial development. Infrastructure The properties within the rezoning area are currently served by utilities. Although the lots currently utilize on -site wastewater disposal systems, sewer service is available via an existing sewer main in Cortaro Farms Road. The rezoning area is also currently served by Marana Municipal Water, and is located within the service areas of Tucson Electric Power and Southwest Gas. The rezoning area is located within the Northwest Fire District. Cultural Resources The rezoning area is located within the vicinity of an area previously determined to be of cultural significance. A cultural resources survey will be performed and submitted to the Town of Marana prior to any additional disturbance within the rezoning area. Citizen Participation A neighborhood meeting was held on March 21, 2012 at the Community Room at the Marana Operations Center to acquire input and feedback on the proposed rezoning from the nearby property owners. Property owners within 500 feet of the rezoning area were notified of the meeting. Other than the applicants, the meeting was attended by only one property owner / Regular Council Meeting - April 17, 2012 - Page 32 of 108 representative from the neighborhood. The attendee inquired about the potential land uses for the site, potential impact to property values, and potential impact to existing traffic circulation. She did not present any opposition to the rezoning request. To date, the Town has not received any correspondence, e-mail or telephone calls in support of, or in opposition to, the request. Public Notification The public hearing for this request was properly advertised and all property owners within 300 feet of the subject property were notified by mail of the proposed use and date of the public hearing. Additionally, a Public Hearing Notice was posted at the Marana Municipal Complex, Marana Operations Center, and the Continental Ranch and Heritage Highlands recreation centers, as well as on the Town's website. Waiver of Potential Arizona Property Rights Protection Act Compensation Claims To protect the Town against potential claims filed under the Arizona Property Rights Protection Act as a result of changes in the land use laws that apply to the rezoning area by the Town's adoption of this ordinance, staff requires that the applicant waive any rights to compensation for diminution in value as a result of changes in the land use laws that apply to the rezoning area resulting from the approval of this zoning by execution and recordation of the attached waiver instrument. If the applicant does not forward the waiver in time to record it within 90 days after the ordinance is passed, the ordinance becomes null and void, as if no action were ever taken to pass the ordinance. ATTACHMENTS: Name: Description: Type: ❑ Oshrin Park Lots 3 9 Rezoning OrdnanceDOC Oshrin Park Lots 3 -9 Rezoning Ordinance Ordinance 0 Oshrin Park 3 9_Locaton Ma _df Location Map Backup Material PP. PCz- 1.1..022_Oshrin Park Lots 3 - Application Backup Material 9 Rezoning - App..pdf 0 site Analysis_ Viewing _Availabity.doc Exhibits on FIle Backup Material 0 Oshrin Park Lots 3 - 9 Rezoning - _207_Waiver Thompson_Lot 3 207 Waiver - Lot 3 Thompson Backup Material (00030094- 2)DOC. 0 Oshrin Park Lots 3 - 9 Rezoning 207 Waiver Cutler_Lot 4_ 207 Waiver - Lot 4 Cutler Backup Material (00030096 -2)DOC Oshrin Park Lots 3- 9_Rezoning_- 207 Waiver Glandon Lot 5 207 Waiver - Lot 5 Glandon Backup Material (00030099 -21POC 0 Oshrin Park Lots 3- 9_Rezoning_ 207 Waiver Dean Lot 6 207 Waiver - Lot 6 Dean Backup Material (00030098.- 2)DOC Oshrin Park Lots 3- 9._Rezonin -, 2...07 Waiver Lee Lot 7_ 207 Waiver - Lot 7 Lee Backup Material (00030100-21 DOC 0 Oshrin Park Lots 3- Regular Council Meeting - April 17, 2012 - Page 33 of 108 9._Rezoning.... _207 Waiver Caldwell_Lot 8_ 207 Waiver - Lot 8 Caldwell Backup Material (00030095. -2)DOC Oshrin Park Lots 3- 9_Rezonng_ 207 Waiv..ee Overholtz Lot 9 207 Waiver - Lot 9 Overholtz Backup Material (0003010.1- 2).DOC Staff Recommendation: Staff recommends approval of the proposed rezoning with the following conditions: 1. Compliance with all applicable provisions of the Town's Codes and Ordinances current at the time of any subsequent development including, but not limited to, requirements for public improvements. 2. The property owner shall not cause any lot split of any kind without the written consent of the Town of Marana. 3. Prior to any development, a detailed drainage report will be required that provides a drainage solution that considers Lots 3 through 9 as a whole and not as individual parcels. The drainage report must be accepted by the Town Engineer. 4. No approval, permit or authorization by the Town of Marana authorizes violation of any federal or state law or regulation or relieves the applicant or the land owner from responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. Appropriate experts should be retained and appropriate federal and state agencies should be consulted to determine any action necessary to assure compliance with applicable laws and regulations. 5. A water service agreement must be submitted by the Developer and accepted by the Utilities Director prior to the approval of the Water Plans, if required. 6. Prior to connection to the public sewer system, a sewer service agreement must be submitted by the Developer and accepted by the entity responsible for wastewater management and the Town Engineer prior to the approval of the Sewer Plans, if required. 7. The owner / developer of each lot will be responsible for submitting a detailed traffic study for the respective lot(s) at the time of development review. 8. During the development plan process, driveway spacing shall be designed in accordance with Pima County standards for minimum driveway spacing, which may require the consolidation of driveways and/or the establishment of cross - access easement agreements between adjoining lots. 9. A cultural resources survey must be completed and submitted to the Town for review and approval prior to any site disturbance. Commission Recommendation - if applicable: A public hearing before the Marana Planning Commission was held on March 28, 2012. The Commission voted unanimously [6 -0 (Commissioner Wiles absent)] to recommend to the Town Council approval of PCZ -11022 Oshrin Park Lots 3 -9 Rezoning inclusive of the staff recommended conditions. Suggested Motion: I move to adopt Ordinance No. 2012.02, rezoning approximately 7.1 acres of land located on the south side of Cortaro Farms Road and east of Cerius Stravenue from R -36 to NC. Regular Council Meeting - April 17, 2012 - Page 34 of 108 MARANA ORDINANCE NO. 2012.02 RELATING TO DEVELOPMENT; REZONING APPROXIMATELY 7.1 ACRES OF LAND LOCATED SOUTH OF CORTARO FARMS ROAD, APPROXIMATELY 400 FEET EAST OF CERIUS STRAVENUE FROM R -36 (SINGLE - FAMILY RESIDENTIAL — MINIMUM LOT SIZE OF 36,000 SQUARE FEET) TO NC (NEIGHBORHOOD COMMERCIAL) WHEREAS Stephen A. Thompson and Cindy D. Thompson, Paul D. Cutler and Patti J. Cutler, Frederick V. Glandon and Sharon A. Glandon, Glenn Dean, John A. Lee and Linda E. Lee, John E. Caldwell and Deborah J. Caldwell, and Calvin Overholtz (the "Property Owners ") collectively own approximately 7.1 acres of land located south of Cortaro Farms Road approximately 400 feet east of Cerius Stravenue within a portion of the west half Section 25, Township 12 South, Range 12 East and a portion of the east half of Section 26, Township 12 South, Range 12 East described as Lots 3, 4, 5, 6, 7, 8, and 9 of the Oshrin Park Subdivision (the "Rezoning Area ") as depicted on Exhibit "A" attached to and incorporated in this Ordinance by this reference; and WHEREAS the Property Owners have authorized Paul and Patti Cutler (the "Applicants ") to submit an application to rezone the 7.1 acres from R -36 (single- family residential — minimum lot size of 36,000 square feet) to NC (Neighborhood Commercial); and WHEREAS the Marana Planning Commission held a public hearing on March 28, 2012, and voted to recommend, by a unanimous vote 6 -0, that the Mayor and Town Council approve the application for rezoning from R -36 (single - family residential — minimum lot size of 36,000 square feet) to NC (Neighborhood Commercial), adopting the recommended conditions; and WHEREAS the Marana Mayor and Town Council held a public hearing on April 17, 2012 and determined that the application for rezoning should be approved. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. The proposed rezoning of the Rezoning Area complies with the Town of Marana General Plan. SECTION 2. The Rezoning Area is hereby rezoned from `R -36' (single family residential — minimum lot size of 36,000 square feet) to `NC' (Neighborhood Commercial). SECTION 3. This rezoning is subject to the following conditions, the violation of which shall be treated in the same manner as a violation of the Town of Marana Land Development Code (but which shall not cause a reversion of this rezoning Ordinance): 1. Compliance with all applicable provisions of the Town's Codes and Ordinances current at the time of any subsequent development including, but not limited to, requirements for public improvements. 2. The property owner shall not cause any lot split of any kind without the written consent of the Town of Marana. 3. Prior to any development, a detailed drainage report will be required that provides a drainage Reg u%pl b7 2012 - Page 35 of 108 - 1 - solution that considers Lots 3 through 9 as a whole and not as individual parcels. The drainage report must be accepted by the Town Engineer. 4. No approval, permit or authorization by the Town of Marana authorizes violation of any federal or state law or regulation or relieves the applicant or the land owner from responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. Appropriate experts should be retained and appropriate federal and state agencies should be consulted to determine any action necessary to assure compliance with applicable laws and regulations. 5. A water service agreement must be submitted by the Developer and accepted by the Utilities Director prior to the approval of the Water Plans, if required. 6. Prior to connection to the public sewer system, a sewer service agreement must be submitted by the Developer and accepted by the entity responsible for wastewater management and the Town Engineer prior to the approval of the Sewer Plans, if required. 7. The owner / developer of each lot will be responsible for submitting a detailed traffic study for the respective lot(s) at the time of development review. 8. During the development plan process, driveway spacing shall be designed in accordance with Pima County standards for minimum driveway spacing, which may require the consolidation of driveways and /or the establishment of cross - access easement agreements between adjoining lots. 9. A cultural resources survey must be completed and submitted to the Town for review and approval prior to any site disturbance. SECTION 4. This Ordinance shall not be effective until the Town files with the county recorder an instrument (in a form acceptable to the Town Attorney), executed by the Property Owners and any other party having any title interest in the Rezoning Area, that waives any potential claims against the Town under the Arizona Property Rights Protection Act (A.R.S. § 12 -1131 et seq., and specifically A.R.S. § 12 -1134) resulting from changes in the land use laws that apply to the Rezoning Area as a result of the Town's adoption of this Ordinance. If this waiver instrument is not recorded within 90 calendar days after the motion approving this Ordinance, this Ordinance shall be void and of no force and effect. SECTION 5. All ordinances, resolutions and motions and parts of ordinances, resolutions, and motions of the Marana Town Council in conflict with the provisions of this Ordinance are hereby repealed, effective as of the effective date of this Ordinance. SECTION 6. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. PASSED AND ADOPTED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 17 day of April 2012. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regui%csgsymgm Asmi l7, 2012 - Page 36 of 108 - 2 - MARANA PLANNING & ENGINEERING APPLICATION L TYPE OF APPLICATON' (Check Due) ❑ Preliminary Plat ❑ Final Plat ❑ General Plan Amendment ❑Variance ❑ Development Plan ❑ SWPP ❑ Landscape Plan ❑ Native Plant Permit ❑ Specific Plan Amendment ❑ Conditional Use Permit (fit' Rezone/Specific Plan ❑ Native Plant Exception ❑ Significant Land Use Change ❑ .Minor Land Division ❑ Water Plan ❑ Annexation ❑ Specific Plan ❑ Improvement Plan (specifv tune in Description of Project box *)fl Other 2. GENERAL DATA REQUIRED Assessor's Parcel /. /.1 •o gc, /`/. Plan Designation Number(s) - :).0/49'e;5/6. at / • d. ' 1.41 - / e .. 4 % (To be confirmed by staff) Gross Area (Acre/Sq. Ft.) ,..2p/./0" G ys7 Current Zoning 7...5,'.S (To be confirmed by staff) Development/Project Name ,/ / J Proposed Zoning Project Location 4'/ r �' - - 9 Description of Project* - /` J1 j [ ^mod („1$'/ .. / /S G 7T�'IP l t7 J �YbS Property Owner / � / 4,107 44 44(4-- fr 4/7 SAC" pia 4-2 A °, 4/4s Street Address -4-41 - (,J4 re ems x /9 1 / City State Zip Code Phone Number Fax Number E -Mail Address , 1 sue: r �Z &S'7 4/,; 57l / S'c'a 57 eL Y91� 1tff�v/asse Scca�7 /rt 4 Contact Person Phone Number / E -mail — Applicant Rata" 741/ / - t 64-4 Street Address 6- 6 / 412. fuz4/r,.;r City — State Zip Code Phone Number Fax Number E -Mail Address "! ali.S4 - -t ,1i. tf %'; s / el✓eki 57th Ys- Contact Person Phone Number / E -mail Agent/Representative Street Address City State Zip Code Phone Number Fax Number E -Mail Address Contact Person Town of Marana Business License No. 3. AUTHORIZATION OF PROPERTY OWNER I, the undersigned, certify that all of the facts set forth in this application are true to the best of my knowledge and that I am either the owner of the property or that I have been authorized in writing by the owner to file this application and checklist. (If not owner of record, attach written authorization from the owner.) � IiCt� -cc%C % / e ° fIC, 1 `- r 4Z.. Gam _,_s" / /- // Print Name of Applicant/Agent Signature Date 11555 W. Civic Center Drive, Bldg. A2 •Marana, AZ 85653- 7003•Telephone (520) 382 - 2600 •Fax (520) 382 -2641 Regular Council Meeting - April 17, 2012 - Page 38 of 108 The Site Analysis document for the Oshrin Park Lots 3 -9 Rezoning (PCZ- 11022) is on file and available for viewing between the hours of 8:00 am and 5:00 pm, Monday through Friday, in the office of the Town Clerk at the Marana Municipal Complex located at 11555 W. Civic Center Drive, Marana, AZ 85653. Regular Council Meeting - April 17, 2012 - Page 39 of 108 CONSENT TO CONDITIONS OF REZONING AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE NO. 2012.02 THE STEPHEN A. THOMPSON AND CINDY D. THOMPSON LIVING TRUST (the "Owner ") owns the land referred to in this instrument as the "Property" and more particularly described as Lot 3 of Oshrin Park, a subdivision of Pima County, Arizona, according to the plat of record in the office of the County Recorder of Pima County, Arizona, in Book 25 of Maps and Plats at Page 67. The Property is a portion of the land which is the subject of Town of Marana rezoning case PCZ- 11022, filed on behalf of the Owner and others, which the Marana Town Council approved with conditions on April 17, 2012 by the adoption of Marana Ordinance No. 2012.02 (the "Rezoning Ordinance "). The Owner hereby agrees and consents to all of the conditions imposed by the Marana Town Council in conjunction with the approval of the Rezoning Ordinance and waives any right to compensation for diminution in value pursuant to Arizona Revised Statutes § 12 -1134 that may now or in the future exist as a result of the approval of the Rezoning Ordinance. The Owner also consents to the recording of this document in the office of the Pima County Recorder, to give notice of this instrument and its effects to successors in interest of the Property, who shall be bound by it. Dated this day of April, 2012. THE STEPHEN AND CINDY THOMPSON LIVING TRUST By: Stephen A. Thompson, Trustee By: Cindy D. Thompson, Trustee STATE OF ARIZONA ) SS. County of Pima ) The foregoing instrument was acknowledged before me on April , 2012, by Stephen A. Thompson and Cindy D. Thompson, Trustees of THE STEPHEN AND CINDY THOMPSON LIVING TRUST, on behalf of the Trust. (Seal) Notary Public Regull5a Wipp - April 17, 2012 - Page 4 8shtirpark Lots 3 -9 Rezoning -Prop 207 Waiver 4/10/2012 10:21 AM BV/FJC CONSENT TO CONDITIONS OF REZONING AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE NO. 2012.02 PAUL D. CUTLER, an unmarried man, and PATTI J. CUTLER, a married woman, (together the "Owners ") own the land referred to in this instrument as the "Property" and more particularly described as Lot 4 of Oshrin Park, a subdivision of Pima County, Arizona, according to the plat of record in the office of the County Recorder of Pima County, Arizona, in Book 25 of Maps and Plats at Page 67. The Property is a portion of the land which is the subject of Town of Marana rezoning case PCZ- 11022, filed on behalf of the Owners and others, which the Marana Town Council approved with conditions on April 17, 2012 by the adoption of Marana Ordinance No. 2012.02 (the "Rezoning Ordinance "). The Owners hereby agree and consent to all of the conditions imposed by the Marana Town Council in conjunction with the approval of the Rezoning Ordinance and waive any right to compensation for diminution in value pursuant to Arizona Revised Statutes § 12 -1134 that may now or in the future exist as a result of the approval of the Rezoning Ordinance. The Owners also consent to the recording of this document in the office of the Pima County Recorder, to give notice of this instrument and its effects to successors in interest of the Property, who shall be bound by it. Dated this day of April, 2012. By: Paul D. Cutler By: Patti J. Cutler STATE OF ARIZONA ) SS. County of Pima ) The foregoing instrument was acknowledged before me on April , 2012, by Paul D. Cutler, an unmarried man. (Seal) Notary Public STATE OF ARIZONA ) SS. County of Pima ) The foregoing instrument was acknowledged before me on April , 2012, by Patti J. Cutler, a married woman. (Seal) Notary Public Regulib il tipy} April 17, 2012 - Page 4 of 188 usnrin nark Lots 3 -9 Rezoning - Prop 207 Waiver 4/10/201210:19 AM BV/FJC CONSENT TO CONDITIONS OF REZONING AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE NO. 2012.02 FREDERICK V. GLANDON and SHARON A. GLANDON, husband and wife, (the "Owners ") own the land referred to in this instrument as the "Property" and more particularly described as Lot 5 of Oshrin Park, a subdivision of Pima County, Arizona, according to the plat of record in the office of the County Recorder of Pima County, Arizona, in Book 25 of Maps and Plats at Page 67. The Property is a portion of the land which is the subject of Town of Marana rezoning case PCZ- 11022, filed on behalf of the Owners and others, which the Marana Town Council approved with conditions on April 17, 2012 by the adoption of Marana Ordinance No. 2012.02 (the "Rezoning Ordinance "). The Owners hereby agree and consent to all of the conditions imposed by the Marana Town Council in conjunction with the approval of the Rezoning Ordinance and waive any right to compensation for diminution in value pursuant to Arizona Revised Statutes § 12 -1134 that may now or in the future exist as a result of the approval of the Rezoning Ordinance. The Owners also consent to the recording of this document in the office of the Pima County Recorder, to give notice of this instrument and its effects to successors in interest of the Property, who shall be bound by it. Dated this day of April, 2012. By: Frederick V. Glandon By: Sharon A. Glandon STATE OF ARIZONA ) SS. County of Pima ) The foregoing instrument was acknowledged before me on April , 2012, by Frederick V. Glandon and Sharon A. Glandon, husband and wife. (Seal) Notary Public ReguI j Wi - April 17, 2012 - Page 42 s rin nark Lots 3 -9 Rezoning - Prop 207 Waiver 4/10/2012 10:21 AM BV/FJC CONSENT TO CONDITIONS OF REZONING AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE NO. 2012.02 GLENN DEAN, an unmarried man, (the "Owner ") owns the land referred to in this instrument as the "Property" and more particularly described as Lot 6 of Oshrin Park, a subdivision of Pima County, Arizona, according to the plat of record in the office of the County Recorder of Pima County, Arizona, in Book 25 of Maps and Plats at Page 67. The Property is a portion of the land which is the subject of Town of Marana rezoning case PCZ- 11022, filed on behalf of the Owner and others, which the Marana Town Council approved with conditions on April 17, 2012 by the adoption of Marana Ordinance No. 2012.02 (the "Rezoning Ordinance "). The Owner hereby agrees and consents to all of the conditions imposed by the Marana Town Council in conjunction with the approval of the Rezoning Ordinance and waives any right to compensation for diminution in value pursuant to Arizona Revised Statutes § 12 -1134 that may now or in the future exist as a result of the approval of the Rezoning Ordinance. The Owner also consents to the recording of this document in the office of the Pima County Recorder, to give notice of this instrument and its effects to successors in interest of the Property, who shall be bound by it. Dated this _ day of April, 2012. By: Glenn Dean STATE OF ARIZONA ) SS. County of Pima ) The foregoing instrument was acknowledged before me on April , 2012, by Glenn Dean, an unmarried man. (Seal) Notary Public RegulV liegi April 17, 2012 - Page 43 serm rark Lots 3 -9 Rezoning - Prop 207 Waiver 4/10/2012 10:20 AM BV/FJC CONSENT TO CONDITIONS OF REZONING AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE NO. 2012.02 THE LEE FAMILY LIVING TRUST (the "Owner ") owns the land referred to in this instrument as the "Property" and more particularly described as Lot 7 of Oshrin Park, a subdivision of Pima County, Arizona, according to the plat of record in the office of the County Recorder of Pima County, Arizona, in Book 25 of Maps and Plats at Page 67. The Property is a portion of the land which is the subject of Town of Marana rezoning case PCZ- 11022, filed on behalf of the Owner and others, which the Marana Town Council approved with conditions on April 17, 2012 by the adoption of Marana Ordinance No. 2012.02 (the "Rezoning Ordinance "). The Owner hereby agrees and consents to all of the conditions imposed by the Marana Town Council in conjunction with the approval of the Rezoning Ordinance and waives any right to compensation for diminution in value pursuant to Arizona Revised Statutes § 12 -1134 that may now or in the future exist as a result of the approval of the Rezoning Ordinance. The Owner also consents to the recording of this document in the office of the Pima County Recorder, to give notice of this instrument and its effects to successors in interest of the Property, who shall be bound by it. Dated this day of April, 2012. THE LEE FAMILY LIVING TRUST By: John A. Lee, Trustee By: Linda E. Lee, Trustee STATE OF ARIZONA ) ss. County of Pima ) The foregoing instrument was acknowledged before me on April , 2012, by John A. Lee and Linda E. Lee, Trustees of THE LEE FAMILY LIVING TRUST, on behalf of the Trust. (Seal) Notary Public ReguilEaffig Hwi - April 17, 2012 - Page 4 gsnrin nark Lots 3 -9 Rezoning - Prop 207 Waiver 4/10/2012 10:22 AM BV/FJC CONSENT TO CONDITIONS OF REZONING AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE NO. 2012.02 JOHN E. CALDWELL and DEBORAH J. CALDWELL, husband and wife, (the "Owners ") own the land referred to in this instrument as the "Property" and more particularly described as Lot 8 of Oshrin Park, a subdivision of Pima County, Arizona, according to the plat of record in the office of the County Recorder of Pima County, Arizona, in Book 25 of Maps and Plats at Page 67. The Property is a portion of the land which is the subject of Town of Marana rezoning case PCZ- 11022, filed on behalf of the Owners and others, which the Marana Town Council approved with conditions on April 17, 2012 by the adoption of Marana Ordinance No. 2012.02 (the "Rezoning Ordinance "). The Owners hereby agree and consent to all of the conditions imposed by the Marana Town Council in conjunction with the approval of the Rezoning Ordinance and waive any right to compensation for diminution in value pursuant to Arizona Revised Statutes § 12 -1134 that may now or in the future exist as a result of the approval of the Rezoning Ordinance. The Owners also consent to the recording of this document in the office of the Pima County Recorder, to give notice of this instrument and its effects to successors in interest of the Property, who shall be bound by it. Dated this day of April, 2012. By: John E. Caldwell By: Deborah J. Caldwell STATE OF ARIZONA ) ss. County of Pima ) The foregoing instrument was acknowledged before me on April , 2012, by John E. Caldwell and Deborah J. Caldwell, husband and wife. (Seal) Notary Public Regu1l5 meti - April 17, 2012 - Page 4.5 usn nark Lots 3 -9 Rezoning - Prop 207 Waiver 4/10/2012 10:22 AM BV/FJC CONSENT TO CONDITIONS OF REZONING AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE NO. 2012.02 CALVIN OVERHOLTZ, an unmarried man, (the "Owner ") owns the land referred to in this instrument as the "Property" and more particularly described as Lot 9 of Oshrin Park, a subdivision of Pima County, Arizona, according to the plat of record in the office of the County Recorder of Pima County, Arizona, in Book 25 of Maps and Plats at Page 67. The Property is a portion of the land which is the subject of Town of Marana rezoning case PCZ- 11022, filed on behalf of the Owner and others, which the Marana Town Council approved with conditions on April 17, 2012 by the adoption of Marana Ordinance No. 2012.02 (the "Rezoning Ordinance "). The Owner hereby agrees and consents to all of the conditions imposed by the Marana Town Council in conjunction with the approval of the Rezoning Ordinance and waives any right to compensation for diminution in value pursuant to Arizona Revised Statutes § 12 -1134 that may now or in the future exist as a result of the approval of the Rezoning Ordinance. The Owner also consents to the recording of this document in the office of the Pima County Recorder, to give notice of this instrument and its effects to successors in interest of the Property, who shall be bound by it. Dated this day of April, 2012. By: Calvin Overholtz STATE OF ARIZONA ) SS. County of Pima ) The foregoing instrument was acknowledged before me on April , 2012, by Calvin Overholtz, an unmarried man. (Seal) Notary Public Regullb m tipg - April 17, 2012 - Page 4 8� 1 i�� ark Lots 3 -9 Rezoning - Prop 207 Waiver 4/10/2012 10:23 AM BV/FJC MARANA 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, April 17, 2012, 7:00 PM To: Mayor and Council Item D 1 From: Erik Montague, Finance Director Strategic Plan Focus Area: Commerce, Community, Heritage, Progress and Innovation, Recreation Strategic Plan Focus Area - Additional Information: This item pertains to all five focus areas of the Strategic Plan. Subject: Presentation: Relating to Finance; presentation, discussion and possible direction on proposed changes to the comprehensive fee schedule and other various rate and fee adjustments Discussion: In 2009, the Town Council adopted Ordinance 2009.11, which created a town -wide, Comprehensive Fee Schedule and standardized fees across all departments. At the time of that ordinance's adoption, it was determined that an annual review of the Comprehensive Fee Schedule should occur to ensure that the Town was continuing to cover its costs, where appropriate, and that it was charging fair and equitable fees to its customers. Staff conducted this year's review of the Comprehensive Fee Schedule with the following goals in mind: 1) Ensure that fees reflect the actual cost of providing programs and services to customers, where appropriate. 2) Comply with any new legal requirements mandated by federal, state and local legislation. 3) Eliminate errors, inconsistencies and unused items within the existing comprehensive fee schedule. Pursuant to A.R.S Section 9- 499.15, the Town properly posted notice of possible changes to the Comprehensive Fee Schedule on March 16th. This statute requires that the Town provide notice on its website of any new or increased fees for businesses at least 60 days before the meeting is scheduled to consider approving the new fees and/or fee increases. Therefore, today we are only asking that Mayor and Council review the list of proposed changes, which will be brought back for approval on May 15th, 2012. Staff worked with representatives from the Southern Arizona Home Builders Association Regular Council Meeting - April 17, 2012 - Page 47 of 108 (SAHBA) and Metropolitan Pima Alliance (MPA) to provide them the opportunity to review the proposed changes to the Comprehensive Fee Schedule and clarify any issues or areas of concern. Financial Impact: Presentation, discussion and possible direction only. ATTACHMENTS: Name: Description: Type: ❑ FY2013Comprehensiv..e_Fee Schedule.pdf Comprehensive Fee Schedule Backup Material Proposed Changes to the Comprehensive Fee FY2013_Schedule of Proposed Changes.pdf Schedule Backup Material Staff Recommendation: Presentation, discussion and possible direction only. Suggested Motion: Presentation, discussion and possible direction only. Regular Council Meeting - April 17, 2012 - Page 48 of 108 COMPREHENSIVE FEE SCHEDULE Proposed May 15, 2012 Fe ieirl p#i. o i � � 5 Atitiof1ti Lasure Notts Airside Escort $ 75.00 Per hour Minimum charge of $75.00. Airport Labor Rate $ 75.00 Per hour Minimum charge of $75.00. Airport Overtime Labor Rate $ 125.00 Per hour Minimum charge of $125.00. Airport Call -out $ 125.00 Per call -out Runway/Taxiway Light Replacement $ 300.00 Per light Airport Damage $ 150.00 Per incident Plus actual item and /or labor cost to repair. Specialized Aeronautical Rental (Events) $ 250.00 Per application In addition to Public Use Permit fee Specialized Non - Aeronautical Rental (Events) $ 500.00 Per application In addition to Public Use Permit fee Clerk Liquor License Application $ 500.00 Per application Liquor License Application; Extension of Patio Premises $ 25.00 Per application Plus applicable State of Arizona fees. Liquor License Application; Acquisition of Control Change or Change $ 150.00 Per application Plus applicable State of of Agent Arizona fees. Fireworks Permit Application $ 100.00 Per application Ballot Argument Fee (Deposit) $ 250.00 Per ballot argument $ 5.00 Per license Plus applicable State of Bingo License; Class A Arizona fees. $ 25.00 Per license Plus applicable State of Bingo License; Class B Arizona fees. $ 50.00 Per license Plus applicable State of Bingo License; Class C Arizona fees. Event Permits Public Use Permit (Public Land) $ 25.00 Per application Special Use Permit (Private Land with event duration less than one month) $ 50.00 Per application Temporary Use Permit (Private Land with event duration more than one month) $ 50.00 Per application Public, Special or Temporary Use Liquor $ 25.00 Per day Plus applicable State of Arizona fees. Applies only to events not organized by the Town. f ' 444, WPI:MatiN"ISEMENN !\ Public, Special or Temporary Use Liquor License Late Application Fee $ 25.00 Per application Plus any other applicable fees. Applies to events not organized by the Town. Applies if application submitted Tess than 30 calendar days before event. Signs; Public, Special or Temporary Use Sign Permit $ 20.00 Per application Regular Council Meeting - April 17, 2012 - Page 50 of 108 Page 2 of 26 COMPREHENSIVE FEE SCHEDULE Proposed May 15, 2012 p tlon i e < 8 t L Measure $L s y Public, Special or Temporary Use Building Permit $ 30.00 Per permit Plus applicable use permit fees. Courts Fee for Taking Default Judgment $ 65.00 Per judgment Jail Reimbursement Fee See note Per sentence Fee is the actual cost to the Town. Prosecution Fee $ 40.00 Per citation AZEZEINEE Court Improvement Fee $ 35.00 Per citation Jury Cancellation Fee See note Per incidence Fee is the actual cost to the Town. Community Service Monitoring Fee $ 5.00 Per sentence Order of Harassment Service Fee $ 40.00 Per order Court- Monitored Probation Fees See note Per sentence Fee is the actual cost to the Town. Development Services Planning Annexation; Processing Fee $ 500.00 Per annexation Applies to annexations not initiated by the Town. General Plan Map Major Amendment; Base Fee $ 2,600.00 Per amendment General Plan Map Major Amendment; Acreage Fee $ 40.00 Per acre INAWOWNAtitliii General Plan Map Minor Amendment; Acreage Fee $ 20.00 Per acre Specific Plan; Residential Land up to 4.0 residences per acre; Base $ 1,400.00 Per submittal Maximum fee not to fee exceed $35,000.00. Specific Plan; Residential Land up to 4.0 residences per acre; Acreage $ 50.00 Per acre Maximum fee not to fee (if over five acres) exceed $35,000.00. Specific Plan; Residential Land 4.01 to 20 residences per acre; Base $ 2,500.00 Per submittal Maximum fee not to fee exceed $35,000.00. Specific Plan; Residential Land 4.01 to 20 residences per acre; $ 70.00 Per acre Maximum fee not to Acreage fee (if over five acres) exceed $35,000.00. Specific Plan; Residential Land 20.01 residences per acre and above $ 2,700.00 Per submittal Maximum fee not to and Commercial and Industrial Land Uses; Base fee exceed $35,000.00. Specific Plan; Residential Land 20.01 residences per acre and above $ 70.00 Per acre Maximum fee not to and Commercial and Industrial Land Uses; Acreage fee (if over five exceed $35,000.00. acres) Text Amendment to Adopted Specific Plan $ 1,500.00 Per submittal Maximum fee not to exceed $35,000.00. Land Use Designation Amendment to Specific Plan See note Per submittal Fee is same as total application fee for specific plan as calculated. Significant Land Use Change; Up to 1.00 Acre $ 550.00 Per submittal Significant Land Use Change; 1.01 Acres to 10.00 Acres $ 1,250.00 Per submittal Significant Land Use Change; Over 10.01 Acres $ 1,750.00 Per submittal Rezoning; To rezone property from any zone to AG, RD -180, R -144, R $ 850.00 Per submittal 80, R -36, R -20, and R -16; Not more than five acres Rezoning; To rezone property from any zone to AG, RD -180, R -144, R $ 1,500.00 Per submittal 80, R -36, R -20, and R -16; More than five and up to ten acres Rezoning; To rezone property from any zone to AG, RD -180, R -144, R $ 2,500.00 Per submittal Maximum fee not to 80, R -36, R -20, and R -16; More than ten acres; Base fee exceed $10,000.00. Regular Council Meeting - April 17, 2012 - Page 51 of 108 Page 3 of 26 COMPREHENSIVE FEE SCHEDULE Proposed May 15, 2012 ' ; ' ' ' ) 4 1 1 4 1 0 0 0 ! E A 0! Vei t of i44e 1 i a� Rezoning; To rezone property from any zone to AG, RD -180, R -144, R- $ 100.00 Per acre Maximum fee not to 80, R -36, R -20, and R -16; More than ten acres; Acreage Fee exceed $10,000.00. Rezoning; To rezone property from any zone to AG, RD -180, R-144,12- $ 1,200.00 Per submittal Maximum fee not to 80, R -36, R -20, and R -16; Site analysis review fee exceed $10,000.00. Rezoning; To rezone property from any zone to AG, RD -180, R -144, R- See note Per re- submittal Fee is 50% of original fee 80, R -36, R -20, and R -16; Re- submittal Fee for applicable items. Rezoning; To rezone property from any zone to R -12, R -10, R -8, R -7, $ 1,800.00 Per submittal R -6, MH, MHS, and RV; Not more than five acres Rezoning; To rezone property from any zone to R -12, R -10, R -8, R -7, $ 2,800.00 Per submittal Maximum fee not to R -6, MH, MHS, and RV; More than five acres; Base fee exceed $20,000.00. Rezoning; To rezone property from any zone to R -12, R -10, R -8, R -7, $ 150.00 Per acre Maximum fee not to R -6, MH, MHS, and RV; More than five acres; Acreage fee exceed $20,000.00. Rezoning; To rezone property from any zone to R -12, R -10, R -8, R -7, $ 1,200.00 Per submittal Maximum fee not to R -6, MH, MHS, and RV; Site analysis review fee exceed $20,000.00. Rezoning; To rezone property from any zone to R -12, R -10, R -8, R -7, See note Per re- submittal Fee is 50% of original fee R -6, MH, MHS, and RV; Re- submittal fee for applicable items. Rezoning; To rezone property from any existing zone to RR, MU -1, $ 2,000.00 Per submittal MR -1, MR -2, CO, NC, VC, RC, SC, VRC, CBC, and LI HI; Not more than five acres Rezoning; To rezone property from any existing zone to RR, MU -1, $ 3,000.00 Per submittal Maximum fee not to MR -1, MR -2, CO, NC, VC, RC, SC, VRC, CBC, and LI HI; More than five exceed $26,000.00. acres; Base fee Rezoning; To rezone property from any existing zone to RR, MU -1, $ 300.00 Per acre Maximum fee not to MR -1, MR -2, CO, NC, VC, RC, SC, VRC, CBC, and LI HI; More than five exceed $26,000.00. acres; Acreage fee Rezoning; To rezone property from any existing zone to RR, MU -1, $ 1,200.00 Per submittal Maximum fee not to MR -1, MR -2, CO, NC, VC, RC, SC, VRC, CBC, and LI HI; Site analysis exceed $26,000.00. review fee Rezoning; To rezone property from any existing zone to RR, MU -1, See note Per re- submittal Fee is 50% of original fee MR -1, MR -2, CO, NC, VC, RC, SC, VRC, CBC, and LI HI; Re- submittal for applicable items. fee Modification or Waiver of Rezoning Conditions $ 250.00 Per condition or condition subsection Site Analysis Review (Not associated with a rezoning); Base fee $ 1,200.00 Per submittal Site Analysis Review (Not associated with a rezoning); Re- submittal $ 150.00 Per re- submittal or or revision fee revision Land Development Code Amendment $ 1,500.00 Per submittal Applicant- requested Continuance $ 200.00 Per continuance Title Report Review $ 280.00 Per submittal Planning - Preliminary Block Plat Preliminary Block Plat; 0 -20 acres; base fee $ 350.00 Per submittal Preliminary Block Plat; 0 -20 acres; acreage fee $ 75.00 Per acre Preliminary Block Plat; 20.01 -120 acres; base fee $ 850.00 Per submittal Preliminary Block Plat; 20.01 -120 acres; acreage fee $ 50.00 Per acre Preliminary Block Plat; Over 120 acres; base fee $ 3,500.00 Per submittal Preliminary Block Plat; Over 120 acres, acreage fee $ 25.00 Per acre Regular Council Meeting - April 17, 2012 - Page 52 of 108 Page 4 of 26 COMPREHENSIVE FEE SCHEDULE Proposed May 15, 2012 e►pi Amoun Utt��a y Preliminary Block Plat; Miscellaneous Document Review $ 280.00 Per submittal Fee is based on estimated review time. Actual fees may be higher at rate of $70.00 per hour. Preliminary Block Plat; Amendment, Modification or Extension See note Per submittal Fee is 50% of original fee for applicable items. Preliminary Block Plat; Additional Submittals After Second Submittal See note Per additional Fee is 50% of original fee submittal for applicable items. Planning - Final Block Plat Final Block Plat; 0 -20.00 acres; base fee $ 350.00 Per submittal Final Block Plat; 0 -20.00 acres; acreage fee $ 30.00 Per acre Final Block Plat; 20.01 - 100.00 acres; base fee $ 850.00 Per submittal Final Block Plat; 20.01 - 100.00 acres; acreage fee $ 20.00 Per acre Final Block Plat; Over 100.01 acres; base fee $ 3,850.00 Per submittal Final Block Plat; Over 100.01 acres; acreage fee $ 10.00 Per acre Final Block Plat; Covenants, Conditions & Restrictions Review $ 280.00 Per submittal Final Block Plat; Other Miscellaneous Report Review $ 280.00 Per submittal Final Block Plat; Assurance Agreement Review $ 280.00 Per submittal Final Block Plat; Amendment, Modification or Extension See note Per affected lot Fee is 50% of original fee for applicable items. Final Block Plat; Additional Submittals After Second Submittal See note Per additional Fee is 50% of original fee submittal for applicable items. Planning - Preliminary Plat Preliminary Plat; Subdivision up to nine lots $ 3,000.00 Per submittal Preliminary Plat; Subdivision additional lot fee (over nine lots) $ 30.00 Per lot Preliminary Plat; Miscellaneous Document Review $ 280.00 Per submittal Fee is based on estimated review time. Actual fees may be higher at rate of $70.00 per hour. Preliminary Plat; Amendment, Modification or Extension See note Per submittal Fee is 50% of original fee for applicable items. Preliminary Plat; Additional Submittals After Second Submittal See note Per additional Fee is 50% of original fee submittal for applicable items. Planning - Final Plat Final Plat; Subdivision up to nine Tots $ 1,000.00 Per submittal Final Plat; Subdivision additional lot fee (over nine Tots) $ 30.00 Per lot Final Plat; Covenants, Conditions & Restrictions Review $ 280.00 Per submittal Final Plat; Other Miscellaneous Report Review $ 280.00 Per submittal Final Plat; Assurance Agreement Review $ 280.00 Per submittal Final Plat; Amendment, Modification or Extension See note Per affected lot Fee is 50% of original fee for applicable items. Regular Council Meeting - April 17, 2012 - Page 53 of 108 Page 5 of 26 COMPREHENSIVE FEE SCHEDULE Proposed May 15, 2012 FRO* K f 9 , � r+ Notes Final Plat; Additional Submittals After Second Submittal See note Per additional Fee is 50% of original fee submittal for applicable items. Minor Land Division; Base fee $ 200.00 Per submittal Minor Land Division; Third submittal and thereafter $ 150.00 Per additional submittal Development Plan; up to two acres of commercial or multi - family; $ 2,000.00 Per submittal base fee Development Plan; Additional fee for each acre over two acres $ 40.00 Per acre Development Plan: Miscellaneous Document Review $ 280.00 Per submittal Development Plan; Amendment, Modification or Extension; Up to $ 1,500.00 Per submittal ten acres Development Plan; Amendment, Modification or Extension; $ 25.00 Per acre additional fee for each acre over ten acres; Development Plan; Additional submittals after second See note Per submittal Fee is 50% of original fee for applicable items. Site Plan /Architectural Review $ 400.00 Per submittal Residential Design Plan $ 1,250.00 Per submittal Pre - Application Conference $ 250.00 Per submittal Conditional Use Permit; Application Fee $ 1,000.00 Per submittal Temporary Use Permit; Administrative Process with Council Action $ 500.00 Per submittal Landscape Plans; Base Fee $ 200.00 Per submittal Landscape Plans; Per Sheet Fee $ 50.00 Per sheet Excluding cover sheet. Landscape Plans; Second Submittal and Each Submittal Thereafter $ 40.00 Per sheet Per Sheet Fee Native Plant Permit; Base fee $ 200.00 Per submittal Native Plant Permit; Per Sheet Fee $ 50.00 Per sheet Excluding cover sheet. Native Plant Permit; Second Submittal and Each Submittal $ 40.00 Per sheet Thereafter Per Sheet Fee Native Plant Permit; Exception Fee $ 50.00 Per submittal Board of Adjustment; Appeal Fee $ 250.00 Per submittal Planning Department Inspection Fee $ 50.00 Per inspection Planning Department Plan Check Review Fee $ 40.00 Per submittal Zoning Compliance Letter $ 75.00 Per letter Zoning Violation; Plan Check Review Fee $ 100.00 Per submittal Zoning Violation; Variance for Zoning Violation $ 850.00 Per submittal Miscellaneous Planning Commission Action Fee $ 250.00 Per submittal Time Extension Fee; Administrative Extension $ 150.00 Per extension Time Extension Fee; Planning Commission /Council Action $ 250.00 Per extension Variance Request $ 550.00 Per submittal Revisions to Approved Plans See note Per submittal Fee is 50% of initial application fee for each submittal. Signs; Initial Sign Fee; Per square foot of signboard on which a $ 1.00 Per square foot In addition to other display appears applicable fees for free- standing signs. Signs; Initial Sign Fee; Per each foot of height of the sign in excess of $ 2.00 Per foot In addition to other twelve feet applicable fees for free- standing signs. Height is measured from the top of the sign. Signs; Additional Fee for Lighted Signs $ 15.00 Per sign Signs; Permanent sign; base fee $ 10.00 Per permit Regular Council Meeting - April 17, 2012 - Page 54 of 108 Page6of26 COMPREHENSIVE FEE SCHEDULE Proposed May 15, 2012 ‘$' Q11 Wa • s la1�101t i11' of 5 a • Signs; Permanent sign; Fee for sign Tess than or equal to ten feet in $ 35.00 Per sign height Signs; Permanent sign; fee for sign over ten feet in height $ 50.00 Per sign Signs; Temporary sign; base fee $ 10.00 Per permit Signs; Temporary sign; Fee for each sign $ 10.00 Per sign Signs; Renewal Fee; Billboard $ 500.00 Per sign (Non- conforming) Signs; Blanket fee per six month period for directional signs; base fee $ 10.00 Per permit Signs; Blanket fee per six month period for directional signs; fee for $ 100.00 Per permit maximum of three signs Signs; Recovery Fee; first sign (for each occurrence) $ 25.00' Per sign Signs; Recovery Fee; each additional sign (for each occurrence) $ 10.00 Per sign Signs; Per -diem storage fee; sign less than or equal to ten feet in $ 5.00 Per sign height Signs; Per -diem storage fee; sign over ten feet in height $ 7.50 Per sign Signs; Planned sign program $ 560.00 Per submittal Signs; Amendment to planned sign program See note Per submittal Fee is 50% of original submittal fee. Signs; Change of Copy Fee $ 0.25 Per square foot Election Signs; Blanket Permit Fee $ 25.00 Per permit Engineering - Development Drainage Statement Review; Base Fee $ 280.00 Per submittal Applies to 1st two submittals. Additional Drainage Statement Submittals after the 2nd Submittal 50% of Per submittal original fee for applicable items Revisions to Accepted Drainage Statement 50% of Per submittal original fee for applicable items Drainage Report Review; 0 -5 acres; base fee $ 715.00 Per submittal $995.00 Drainage Report Review; 0 -5 acres; acreage fee $ 55.00 Per acre 497.5 Drainage Report Review; 5.01 -10 acres; base fee $ 800.00 Per submittal Drainage Report Review; 5.01 -10 acres; acreage fee $ 40.00 Per acre Drainage Report Review; 10.01 -20 acres; base fee $ 850.00 Per submittal Drainage Report Review; 10.01 -20 acres; acreage fee $ 35.00 Per acre Drainage Report Review; 20.01 -50 acres; base fee $ 960.00 Per submittal Drainage Report Review; 20.01 -50 acres; acreage fee $ 30.00 Per acre Drainage Report Review; 50.01 -100 acres; base fee $ 1,465.00 Per submittal Drainage Report Review; 50.01 -100 acres; acreage fee $ 20.00 Per acre Drainage Report Review; Over 100 acres; base fee $ 2,465.00 Per submittal Drainage Report Review; Over 100 acres; acreage fee $ 10.00 Per acre Additional Drainage Report Submittals after the 2nd Submittal 50% of Per submittal original fee for applicable items Regular Council Meeting - April 17, 2012 - Page 55 of 108 Page 7 of 26 COMPREHENSIVE FEE SCHEDULE Proposed May 15, 2012 F�PS�[Otl / l M .N a { 'i of ES1r rN Revisions to Accepted Drainage Report 5096 of Per submittal original fee for applicable items Conditional Letter of Map Revision (CLOMR); Review Fee $ 70.00 Per hour Minimum fee is $350. Cost includes subsequent Letter of Map Revision (LOMR) review. Letter of Map Revision (LOMR); Review Fee $ 70.00 Per hour Minimum fee is $280.00. Review of Geotechnical Report; Hourly Rate $ 70.00 Per hour Minimum fee is $280.00. Review of Supplemental Calculations other than Drainage or $ 70.00 Per hour Minimum fee is $280.00. Geotechnical Reports; Hourly rate Subdivision Design Exception Report (if not part of a specific plan); $ 300.00 Per report Base fee Subdivision Design Exception Report (if not part of a specific plan); $ 200.00 Per hearing hearing fee Review of Grading Plans; 0 -5 acres, base fee $ 770.00 Per submittal Review of Grading Plans; 0 -5 acres; acreage fee $ 25.00 Per acre Review of Grading Plans; 5.01 -20 acres; base fee $ 800.00 Per submittal Review of Grading Plans; 5.01 -20 acres; acreage fee $ 20.00 Per acre Review of Grading Plans; 20.01 -40 acres; base fee $ 900.00 Per submittal Review of Grading Plans; 20.01 -40 acres; acreage fee $ 15.00 Per acre Review of Grading Plans; 40.01 -100 acres; base fee $ 1,010.00 Per submittal Review of Grading Plans; 40.01 -100 acres; acreage fee $ 13.00 Per acre Review of Grading Plans; Over 100 acres; base fee $ 1,340.00 Per submittal Review of Grading Plans; Over 100 acres; acreage fee $ 10.00 Per acre Additional Grading Plan Submittals after the 2nd Submittal 50% of Per submittal original fee for applicable items Revisions to Accepted Grading Plan 50% of Per submittal original fee for applicable items Review of Construction Plans; Base fee $ 400.00 Per submittal A separate base fee is required for each plan review type including, but not limited to: roadway, paving, sewer, utility and structural plans. Review of Construction Plans; Sheet fee $ 95.00 Per sheet A separate base fee is required for each plan review type including, but not limited to: roadway, paving, sewer, utility and structural plans. Per sheet, excluding cover sheet, except in the case of one - sheet plans. Regular Council Meeting - April 17, 2012 - Page 56 of 108 Page 8 of 26 COMPREHENSIVE FEE SCHEDULE Proposed May 15, 2012 Amount: LJOtt 4. reSU V Additional Construction Plan Submittals after the 2nd Submittal 50% of Per submittal A fee is required for each original fee plan review type including, for applicable but not limited to: items roadway, paving, sewer, utility and structural plans. Revisions to Accepted Construction Plan 50% of Per submittal A fee is required for each original fee plan review type including, for applicable but not limited to: items roadway, paving, sewer, utility and structural plans. Bridge Plan Review; Total Valuation Fee of $1.00 to $500.99 $ 15.00 Per submittal Bridge Plan Review; Total Valuation Fee of $501.00 to $2,000.99 See note Per submittal Fee is $15.00 for the first $500.00 plus $2.00 for each additional $100.00 or fraction thereof, to and including $2,000.00. Bridge Plan Review; Total Valuation Fee of $2,001.00 to $25,000.99 See note Per submittal Fee is $45.00 for the first $2000.00 plus $9.00 for each additional $1,000.00 or fraction thereof, to and including $25,000.00. Bridge Plan Review; Total Valuation Fee of $25,001.00 to $50,000.99 See note Per submittal Fee is $252.00 for the first $25,000.00 plus $6.50 for each additional $1,000.00 or fraction thereof, to and including $50,000.00. Bridge Plan Review; Total Valuation Fee of $50,001.00 to See note Per submittal Fee is $414.50 for the first $100,000.99 $50,000 plus $4.50 for each additional $1,000.00 or fraction thereof, to and including $100,000.00. Bridge Plan Review; Total Valuation Fee of $100,001.00 to See note Per submittal Fee is $639.50 for the first $500,000.99 $100,000.00 plus $3.50 for each additional $1,000.00 or fraction thereof, to and including $500,000.00. Bridge Plan Review; Total Valuation Fee of $500,001.00 to See note Per submittal Fee is $2039.50 for the first $1,000,000.99 $500,000.00 plus $3.00 for each additional $1,000.00 or fraction thereof, to and including $1,000,000.00. Regular Council Meeting - April 17, 2012 - Page 57 of 108 Page 9 of 26 COMPREHENSIVE FEE SCHEDULE Proposed May 15, 2012 Additional Bridge Plan Submittals after the 2nd Submittal 50% of Per submittal original fee for applicable items Revisions to Accepted Bridge Plan 50% of Per submittal original fee for applicable items Golf Course Plan; Base fee $ 300.00 Per submittal Golf Course Plan; Sheet Fee $ 95.00 Per plan sheet Excluding cover sheet, except in case of one -sheet plans. Applies to 1st two submittals. Golf Course Plan; Additional Submittals after the 2nd Submittal 50% of Per submittal original fee for applicable items Golf Course Plan; Revisions to Accepted Plan 50% of Per submittal original fee for applicable items Public /Semi - Public Water System Plan Review; Base fee $ 400.00 Per submittal Public /Semi - Public Water System Plan Review; Sheet fee $ 95.00 Per sheet Excluding cover sheet, except in case of one -sheet plans. Additional Public /Semi - Public Water System Plan Submittals after 50% of Per submittal the 2nd Submittal original fee for applicable items Revisions to Accepted Public /Semi - Public Water System Plan 50% of Per submittal original fee for applicable items Public /Semi - Public Pool Plan Review; Base fee $ 200.00 Per submittal Public /Semi - Public Pool Plan Review; Hourly review rate $ 70.00 Per hour Three -hour minimum review time. Review of Plans for Wastewater Treatment Facilities; Base fee $ 500.00 Per submittal Review of Plans for Wastewater Treatment Facilities; Sheet fee $ 95.00 Per sheet Excluding cover sheet, except in the case of one- sheet plans. Applies to 1st two submittals. Additional Wastewater Treatment Facilities Plan Submittals after the 509i of Per submittal 2nd Submittal original fee for applicable items Regular Council Meeting - April 17, 2012 - Page 58 of 108 Page 10 of 26 COMPREHENSIVE FEE SCHEDULE Proposed May 15, 2012 d are jw, � . �'' „ u "� - _ Revisions to Accepted Wastewater Treatment Facilities Plan 50% of Per submittal original fee for applicable items Review of Individual Septic System Plans; Base fee $ 100.00 Per submittal Review of Individual Septic System Plans; Sheet fee $ 95.00 Per sheet Excluding cover sheet, except in case of one -sheet plans. Applies to 1st two submittals. Additional Individual Septic System Plans after the 2nd Submittal 50% of Per submittal original fee for applicable items Revisions to Accepted Individual Septic System Plans 50% of Per submittal original fee for applicable items Review of Individual Septic System Plans; Monitor Percolation $ 70.00 Per hour Testing Review of Individual Septic System Plans; Each Additional Inspection $ 70.00 Per hour Review of Individual Septic System Plans; Certification $ 25.00 Per submittal Assurances; Substitute Assurance $ 300.00 Per submittal Initial assurance agreement included in final plat costs. Assurances; Partial Release of Assurance $ 20.00 Per submittal Type 1 Grading Permit; Base fee $ 100.00 Per submittal Type 1 Grading Permit; Plan Check Fee $ 175.00 Per submittal Type 1 Grading Permit; Construction Cost Fee See note Per submittal Fee is the greater of $300.00 or 2.0% of the construction cost. Type 1 Grading Permit; Violation Fee See note Per violation Fee is double the permit fee. Type 2 Grading Permit; Base fee $ 100.00 Per submittal Type 2 Grading Permit; Construction Cost Fee; Subdivisions See note Per submittal Fee is the greater of $500.00 or 1% of the construction costs or 3.5% of the construction cost for the Town acting as Engineer of Record. Type 2 Grading Permit; Construction Cost Fee; Commercial See note Per submittal Fee is the greater of Developments $800.00 or 1% of the construction costs or 3.5% of the construction cost for the Town acting as Engineer of Record. Includes multi - family housing developments. Type 2 Grading Permit; At -Risk Grading Fee $ 500.00 Per submittal Type 2 Grading Permit; Violation Fee See note Per violation Fee is double the permit fee. Regular Council Meeting - April 17, 2012 - Page 59 of 108 Page 11 of 26 COMPREHENSIVE FEE SCHEDULE Proposed May 15, 2012 A►xloctttt tlnitt0**sure Imo; Blasting Permit $ 50.00 Per permit Fee is in addition to Type 2 Grading Permit Fee. Form B Permit; Base Fee $ 100.00 Per submittal Form B Permit; Construction Cost Fee See note Per submittal Fee is the greater of $500.00 or 1.0% of the construction costs or 4.5% of the construction cost for the Town acting as Engineer of Record. Form B Permit; Violation Fee See note Per violation Fee is double the permit fee. Form A Permit- Major Utilities; Base Fee $ 100.00 Per submittal Form A Permit - Major Utilities; Construction Cost Fee See note Per submittal Fee is the greater of $500.00 or 1.0% of the construction costs or 2.5% of the construction cost for the Town acting as Engineer of Record. Form A Permit - Major Utilities; Violation Fee See note Per violation Fee is double the permit fee. Floodplain; Floodplain Hazard Sheet $ 5.00 Per report Floodplain; Floodplain Use Permit $ 100.00 Per submittal Floodplain; Floodplain Variance $ 1,000.00 Per submittal Engineering -Traffic Review of Traffic Impact Study; Hourly Rate $ 70.00 Per hour Minimum fee is $560.00. Review of Traffic Impact Statement; Hourly Rate $ 70.00 Per hour Minimum fee is $280.00. Special Event Traffic Control Review $ 30.00 Per submittal Applies to events not organized by the Town. Engineering -Environmental Archaeology Report; Monitoring Report Review $ 140.00 Per submittal Fee is based on estimated review time. Actual fees may be higher at rate of $70.00 per hour. Archaeology Report; Results of Monitoring Review $ 70.00 Per submittal Fee is based on estimated review time. Actual fees may be higher at rate of $70.00 per hour. Archaeology Report; Class III Review $ 70.00 Per submittal Fee is based on estimated review time. Actual fees may be higher at rate of $70.00 per hour. Archaeology Report; Testing Plan Review $ 280.00 Per submittal Fee is based on estimated review time. Actual fees may be higher at rate of $70.00 per hour. Regular Council Meeting - April 17, 2012 - Page 60 of 108 Page 12 of 26 COMPREHENSIVE FEE SCHEDULE Proposed May 15, 2012 �( � y��. ");‘ f� 4I 1IiI �� f of Measu f 'Tn s �s3, Archaeology / Report; Results of Testing Review $ 140.00 Per submittal Fee is based on estimated review time. Actual fees may be higher at rate of $70.00 per hour. Archaeology Report; Data Recovery Plan Review $ 280.00 Per submittal Fee is based on estimated review time. Actual fees may be higher at rate of $70.00 per hour. Archaeology Report; Results of Data Recovery $ 140.00 Per submittal Fee is based on estimated review time. Actual fees may be higher at rate of $70.00 per hour. Phase I Environmental Site Assessment Review $ 280.00 Per submittal Fee is based on estimated review time. Actual fees may be higher at rate of $70.00 per hour. Site Resource Inventory Review $ 280.00 Per submittal Fee is based on estimated review time. Actual fees may be higher at rate of $70.00 per hour. Review of Storm Water Pollution Prevention Plan $ 420.00 Per submittal Includes first and second submittals and first inspection. Additional submittals reviewed at rate of $210.00 per submittal. Stormwater Pollution Prevention Plan; Purchase of Town Template $ 140.00 Per template Includes two copies of template. May be used for a custom lot, single family residence that is part of a common plan of development in which the master developer has already stabilized and submitted the Notice of Termination or where the SWPPP for the common plan of development was prepared under an old version of the Arizona Department of Environmental Quality Construction General Permit. Storm Water Pollution Prevention Plan; Review of Completed Town $ 140.00 Per submittal Includes first and second Template and Inspection submittals. Additional submittals reviewed at rate of $70.00 per submittal. Regular Council Meeting - April 17, 2012 - Page 61 of 108 Page 13 of 26 COMPREHENSIVE FEE SCHEDULE Proposed May 15, 2012 Fee/POMO, gi ant Unit of sure dotes f Storm Water Pollution Prevention Plan; Re- inspection $ 50.00 Per inspection First inspection included in plan review fee. Minimum one inspection per project. Right -of -Way Right -of -Way Permit; Base Fee $ 100.00 Per submittal Right -of -Way Permit; Traffic Control Plan Check Fee $ 50.00 Per submittal Right -of -Way Permit; Haul Route Fee $ 150.00 Per submittal Applies if seven or more haul trucks are required on a project. Right -of -Way Permit; Access Fee $ 150.00 Per submittal Not required if submitting construction plans or haul route. Only applied if applicant is accessing ROW and not performing construction. Right -of -Way Permit; Construction Plan Check Fee 2% cost of Per submittal Fee not applicable if Town construction project. Right -of -Way Permit; Additional Extension Fee $ 50.00 Per extension First extension is free. Right -of -Way Permit; Violation Fee See note Per violation Fee is $1,500 plus double the permit fee. Applies when obtaining a right -of- way permit after work has already started or failure to obtain a right -of -way permit within two days after emergency right -of- way work is completed. Right -of -Way Permit; Weekly Inspection Fee Greater of Per submittal Calculated on construction 2% of in ROW costs, does not construction apply if no construction. cost or Includes two inspections $200.00 per week and close -out inspection (not applied to every permit). Building Safety Re- inspection Fee $ 50.00 Per inspection Special Investigation or Special Final Inspections $ 50.00 Per investigation or inspection Plan Review for Revisions to Approved Plans; with No Additional Fee $ 50.00 Per hour Charged to nearest hour. Items Manufactured Home or Factory-built Building See note Per submittal Fee determined per State of Arizona schedule. Construction Trailers See note Per submittal Fee is $90 per submittal, plus $50 per utility (electrical, gas, water, sewer). Regular Council Meeting - April 17, 2012 - Page 62 of 108 Page 14 of 26 COMPREHENSIVE FEE SCHEDULE Proposed May 15, 2012 € ion e lotMea3Ure Notes < Demolition Permit See note Per permit Fee is $50 per submittal, plus $50 per utility (electrical, gas, water, sewer). Individual permit required for each structure. Prefabricated Spas and Above - ground Pools $ 75.00 Per permit Water Heater/Water Softener Install or Replacement (for electric, $ 50.00 Per permit gas, and solar) Electrical Pedestal /Electrical Reconnect $ 50.00 Per permit Single Family Residential A/C or Evaporative Cooler Replacement $ 50.00 Per permit Does not include multi- family housing developments. Barbecue, Fireplace or Other Gas Appliance $ 50.00 Per permit Electric /Gas/Water Extension to Serve Minor Permitted Item $ 20.00 Per permit Hot and cold water together are considered as one run. Photovoltaic System; Commercial $ 750.00 Per permit Includes multi- family developments. Photovoltaic System; Single Family Residential $ 150.00 Per permit Photovoltaic System for pool heater; Commercial Fee based on Per permit Includes structural review project of loading on roof, valuation backflow preventer and pump; Includes multi- family developments; Fee based on project valuation. Photovoltaic System for pool heater; Residential $ 50.00 Per permit Includes structural review of loading on roof, backflow preventer and pump Interior Water Re -pipe See note Per permit Fee is $50 plus $1 per linear foot of pipe run. Hot and cold water together are considered as one run. .£ a e 3 w sa " e \\ � 4. 144 ;, Site or Plot Plan Review for Plan Based Off of Approved Model Once $ 100.00 Per permit Inspection costs based Model Approved for Subdivision; Site -built Homes upon full valuation. Consultant Plan Review Fees See note Per submittal Fees determined per contract with Town. Registered Plant Annual Permit; Less than 1,000,000 square feet $ 700.00 Per permit Registered Plant Annual Permit; Greater than 1,000,000 square feet $ 1,400.00 Per permit Regular Council Meeting - April 17, 2012 - Page 63 of 108 Page 15 of 26 COMPREHENSIVE FEE SCHEDULE Proposed May 15, 2012 ��� � \� � _ LCD � Additional Building Permit Submittals after the 2nd Submittal $ 50.00 Per hour seamminek !f k a� 3° ` ' /fe a', / ' j a \ V`14.01WW.1 me, a sa f % �. Real Property Services Right -of -Way Abandonment; Base fee $ 2,500.00 Per submittal Right -of -Way Abandonment; Appraisal Fees See note Per submittal Fee is actual cost to applicant. Right -of -Way Abandonment; Title Report & Closing Fees See note Per submittal Fee is actual cost to applicant. Right -of -Way Abandonment; Surveyor Fees See note Per submittal Fee is actual cost to applicant. Release of Easement; Base fee $ 655.00 Per submittal Release of Easement; Appraisal Fees See note Per submittal Fee is actual cost to applicant. Release of Easement; Title Report & Closing Fees See note Per submittal Fee is actual cost to applicant. Release of Easement; Surveyor Fees See note Per submittal Fee is actual cost to applicant. License Agreement; Base fee $ 1,000.00 Per submittal Fee for new license agreements. Fee for license transfer License Agreement- Ownership Transfer Fee $ 250.00 Per active license between property owners. License Agreement; Appraisal Fees See note Per submittal Fee is actual cost to applicant. License Agreement; Surveyor Fees See note Per submittal Fee is actual cost to applicant. Public Improvement Construction and Repayment Agreement; $ 5,000.00 Per submittal Fee may be higher Application Fee depending upon administrative costs to process application. Public Improvement Construction and Repayment Agreement; See note Per year Fee is calculated based on Annual Administration Fee actual cost to administer agreement. Minimum fee is $100.00. Charge for real property rights for abandonments, releases, easements and dedications, if Title has not been reviewed within previous 90 days thru Title Report Review Fee $ 280.00 Per 4 hour review Planning. Regular Council Meeting - April 17, 2012 - Page 64 of 108 Page 16 of 26 COMPREHENSIVE FEE SCHEDULE Proposed May 15, 2012 Fee (t11 6F Amount Unit of Measure Notei 1 'Z Other Services Inspections Outside Normal Business Hours (8:00 AM to 2:30 PM) $ 65.00 Per hour Two -hour minimum inspection time. Copy of Development Submittal; 8.5" x 11" Document $ 0.25 Per sheet Does not apply to public records requests. Fee is applicable to development services customers for copies of their submittals only. Copy of Development Submittal; 8.5" x 14" Document $ 0.25 Per sheet Does not apply to public records requests. Fee is applicable to development services customers for copies of their submittals only. Copy of Development Submittal; 11" x 17" Document $ 0.25 Per sheet Does not apply to public records requests. Feeds applicable to development services customers for copies of their submittals only. Copy of Development Submittal; 18" x 24" Document $ 1.00 Per sheet Does not apply to public records requests. Fee is applicable to development services customers for copies of their submittals only. Copy of Development Submittal; 24" x 36" Document $ 1.00 Per sheet Does not apply to public records requests. Fee is applicable to development services customers for copies of their submittals only. Copy of Development Submittal; Document Larger than 24" x 36" $ 1.50 Per sheet Does not apply to public records requests. Fee is applicable to development services customers for copies of their submittals only. Finance Surface Mining License $ 10,000.00 Per license Business License; Full Year; Initial Fee $ 50.00 Per license Business License; Full Year; Annual Renewal Fee $ 40.00 Per year Business License; Temporary Business License; Short-Term Vendor $ 25.00 Per license (Events 10 days or less); Peddlers; Solicitors; Transient Merchants Business License; Sexually Oriented Business; Initial or Annual $ 500.00 Per license Renewal Fee Employee License; Sexually Oriented Business; Initial or Annual $ 50.00 Per license Renewal Fee ..a. -•s- y e a D - da4.$ am y.• °� %' �_ a <®F :an �`Z�:� ..� Regular Council Meeting - April 17, 2012 - Page 65 of 108 Page 17 of 26 COMPREHENSIVE FEE SCHEDULE Proposed May 15, 2012 Fee � . n of Measure �S r a y � y � F: 4 �� � � \� � � P s 'r fi r 4 - ��\ \ 41440. 404. - �. r / • ., r4 \ \a .:. .� .. z .. <.. _; :✓ /��, . ,p .�. , y - *4 44 44, 1 1 44M4,4*4444=4:444 4 44- 441 4- 41 :44 <444 4, 4_1 - 4 4 "44 - Bsxne e t ax \ �r Per f :,�a z - Jam lites4httipef s e� ` Business License; Medicinal Marijuana Dispensary; Annual Renewal $ 250.00 Peryear Business License; Medicinal Marijuana Growing Facility; Annual Renewal $ 250.00 Peryear Massage Establishment License; Application Fee $ 75.00 Per application Non - refundable Massage Establishment Manager License; Application Fee $ 25.00 Per application Non - refundable Massage Establishment License; Full Year; Initial Fee $ 100.00 Per license Refundable if license application is denied Massage Establishment Manager License; Full Year; Initial Fee $ 50.00 Per license Refundable if license application is denied Massage Establishment License; Full Year; Annual Renewal Fee $ 100.00 Per year Massage Establishment Manager License; Full Year; Annual Renewal $ 50.00 Per year Fee Massage Establishment Location Change Application Fee $ 25.00 Per application Miscellaneous Miscellaneous Town Council Action $ 250.00 Per submittal For Planning/Zoning and developer generated real property rights Dog License Fees; Unaltered Dog; Standard Fee $ 60.00 Per animal Dog License Fees; Unaltered Dog; Senior /Disabled Fee $ 17.00 Per animal Dog License Fees; Altered Dog; Standard Fee $ 15.00 Per animal Dog License Fees; Altered Dog; Senior /Disabled Fee $ 10.00 Per animal Dog License Fees; Dog Declared Vicious, Destructive, and /or $ 100.00 Per animal Dangerous Dog License Fees; Duplicate License Fee $ 10.00 Per license Dog License Fees; Delinquent Payment /Licensing Fee; Between 30 $ 10.00 Per animal days and 1 Year After Due Date Dog License Fees; Delinquent Payment/Licensing Fee; Between 1 $ 22.00 Per animal Year and 2 Years After Due Date Dog License Fees; Delinquent Payment /Licensing Fee; More than 2 $ 36.00 Per animal Years After Due Date Dog License Fees; License Transfer Fee $ 10.00 Per transfer Notary Fee $ 2.00 Per notary certification Public Records Requests; 8.5" x 11" Copy; Black & White or $ 0.50 Per sheet Grayscale Public Records Requests; 8.5" x 11" Copy; Color $ 1.00 Per sheet Public Records Requests; 8.5" x 14" Copy; Black & White or $ 0.50 Per sheet Grayscale Public Records Requests; 8.5" x 14" Copy; Color $ 1.00 Per sheet Regular Council Meeting - April 17, 2012 - Page 66 of 108 Page 18 of 26 COMPREHENSIVE FEE SCHEDULE Proposed May 15, 2012 Public Records Requests; 11" x 17" Copy; Black & White or Grayscale $ 0.75 Per sheet Public Records Requests; 11" x 17" Copy; Color $ 1.50 Per sheet Public Records Requests; 18" x 24" Copy; Black & White or Grayscale $ 2.00 Per sheet Public Records Requests; 18" x 24" Copy; Color $ 4.00 Per sheet Public Records Requests; 24" x 36" Copy; Black & White or Grayscale $ 2.00 Per sheet Public Records Requests; 24" x 36 " Copy; Color $ 4.00 Per sheet Public Records Requests; Document Larger than 24" x 36" Copy; $ 3.00 Per sheet Black & White or Grayscale Public Records Requests; Document Larger than 24" x 36" Copy; $ 5.00 Per sheet Color Public Records Requests; Documents Used for Commercial (for- $ 10.00 Per hour Plus Commercial Value profit) Purposes; Base Search Fee Fee. Public Records Requests; Documents Used for Commercial (for- See note Per request Fee is the same as profit) Purposes; Commercial Value Fee applicable rate for non - commercial public records requests, plus the current commercial value of the information as determined by the Town. Files Sent Out for Copying/Scanning See note Per submittal Fee is actual cost to Town. Shipping/Mailing Services See note Per submittal Fee is actual cost to Town. Fee for Emailing or Faxing a Document $ - Per document Document conversion fee may still apply. Data CD $ 10.00 Per disc Plus document conversion fee. Audio CD $ 5.00 Per disc DVD $ 20.00 Per disc Facility Use; Council Chambers; Security Deposit $ 500.00 If required by the Town based on nature of event, number of participants, and past use. Facility Use; Conference Center; Security Deposit $ 200.00 If required by the Town based on nature of event, number of participants, and past use. Facility Use; Municipal Complex Atrium, Security Deposit $ 500.00 If required by the Town based on nature of event, number of participants, and past use. Facility Use; Marana Operations Center Community Room; Security $ 50.00 If required by the Town Deposit based on nature of event, number of participants, and past use. Late Payment Fee $ 15.00 Per late payment Regular Council Meeting - April 17, 2012 - Page 67 of 108 Page 19 of 26 COMP REHEH Pro posed Ma NSIVE y 15 , 2SC012 EDULE A... ,, .. 4„ 1 ---:: Amount if of lute s - P' a o � y /', � \ d am r �' w,- ✓ '% `\ \ ��a �� ✓ l , $ � ' /ice y� a o.,,, \ : '�'. ,�.` i e� fi t 'a -\ ��"`��'' Police Fingerprint tid; $ Per card ues Fingerprint Identification Idenfication CardCar; ink Livescan & Roll Fee Fee $ 15.00 10.00 Per card Towed ii $ 150.00 Per vehicle Police Records; Vehicle Photographs Release; Admnstration Fee $ 1.00 Per photograph Police Records; t $ .00 qt Vehicle Storage Fee Base ograph Fee Handling Fee $ 25 Per Per vehicle Applies to vehicles stored on Town propervehicty. Vehicle Storage Fee; Daily Rate $ 10.00 Per day Applies to les stored on Town property. Fractions of a day are rounded up to the cost of a full day. Extra -duty Police Services; Lieutenant; Hourly Rate $ 50.00 Per hour Per extra duty police services agreement. Applies to police services hired for private events. Extra -duty Police Services; Sergeant; Hourly Rate $ 45.00 Per hour Per extra duty police services agreement. Applies to police services ed or private vets Extra -duty Police Services; Officer; Hourly Rate $ 40.00 Per hour Per hir extra f pri duty police . services agreement. Applies to police services hired for private events. Extra -duty Police Services; Dispatcher; Hourly Rate $ 30.00 Per hour Per extra duty police services agreement. Applies to police services hired for private nts Extra -duty Police Services; Surcharge for 72 Hours or Less Advance See note Per hour Fee is $10.00 per hour eve for Notice of Need for Police Services each type of police worker . in addition to established hourly rates. Per extra -duty police services agreement. Applies to police services hired ho for private events. 8 Regular Council Meeting - April 17, 2012 - Page 70 of 10 Page 22 of 26 COMPREHENSIVE FEE SCHEDULE Proposed May 15, 2012 FeeiraDS46011 AmoUR''* f l0 ' '' ,10011W . Extra -duty Police Services; Police Vehicles; Per Vehicle Daily Rate $ 50.00 Per day Per extra -duty police services agreement. Applies to police services hired for private events. Technology Services Change in Existing Street Name $ 177.00 Per street Addresses Required to be Changed Due to Change in Street Name $ 48.00 Per address Change in Existing Residential Street Address /Number $ 62.00 Per address Change in Existing Commercial Street Address /Number $ 62.00 Per address Street Name Change Appeal $ 177.00 Per appeal Address Number Change Appeal $ 177.00 Per appeal Standard Printed or Plotted Map; 8.5" x 11" Color $ 1.00 Per sheet Standard Printed or Plotted Map; 11" x 17" Color $ 3.00 Per sheet Standard Printed or Plotted Map; 24" x 36" Color $ 10.00 Per sheet Standard Printed or Plotted Map; 48" x 36" Color $ 15.00 Per sheet Utilities Water Meter Monthly Base Rate; 5/8" and 3/4" Meter $ 15.12 Per meter Water Meter Monthly Base Rate; 3/4" and 1" Fire Meter $ 15.12 Per meter Rate also applies to single family residences that could have been served by a 5/8" x 3/4" meter but for fire suppression facilities that make the larger meter necessary. Water Meter Monthly Base Rate ; 1" Meter $ 36.72 Per meter Water Meter Monthly Base Rate; 1.5" Meter $ 39.96 Per meter Water Meter Monthly Base Rate; 2" Meter $ 46.44 Per meter Water Meter Monthly Base Rate; 3" Meter $ 62.64 Per meter Water Meter Monthly Base Rate; 4" Meter $ 110.16 Per meter Water Meter Monthly Base Rate; 5" Meter $ 164.16 Per meter Water Meter Monthly Base Rate: 6" Meter $ 218.16 Per meter Water Meter Monthly Base Rate; Standpipe $ - Per meter Standpipe Setup Fee $ 35.00 Per standpipe Water Use Charge; Standpipe /Hydrant Meters (Billed Monthly) $ 3.43 Per 1,000 gallons Hydrant meter minimum monthly fee is $65.00; Per Ordinance No.2010.03, effective February 5, 2011 Water Use Charge; Multi - family, Commercial, Industrial, $ 3.03 Per 1,000 gallons Per Ordinance No.2010.03, Government and Irrigation Uses (Monthly) effective February 5, 2011 Water Use Charge; Single Family Residences, Consumption between $ 2.46 Per 1,000 gallons Per Ordinance No.2010.03, 0 and 10,000 gallons (Monthly) effective February 5, 2011 Water Use Charge; Single Family Residences, Consumption between $ 3.43 Per 1,000 gallons Per Ordinance No.2010.03, 10,001 and 20,000 gallons (Monthly) effective February 5, 2011 Water Use Charge; Single Family Residences, Consumption between $ 4.46 Per 1,000 gallons Per Ordinance No.2010.03, 20,001 and 30,000 gallons (Monthly) effective February 5, 2011 Regular Council Meeting- April 17, 2012 - Page 71 of 108 Page 23 of 26 COMPREHENSIVE FEE SCHEDU Proposed May 15, 2012 1 ri A111 11 [! M StFCC a \ Water Use Ch Single Family Residences, Consum between $ 5.50 Per 1,000 g allons Per Ordinance No.2010.03, 30,001 and 40,N0 gallons (Monthly) e ffective February 5, 2011 Water Use Charge; Single Family Residences, Consumption over $ 7.90 Per 1, gallons Per Ordinance No.2010.03, 40,000 gallons (Monthly) effective February 5, 2011 Groundwater Resource /Acquisition Fee $ 0.4 P er 1,000 gallons Per Ordinance No.2010. effective February 5 , 2011 y j ;. 7 FF i/ P c ze `* � \ i i\\ -4- x ' ;� \ \ s cam \ \ "' \ 'r•' ' \\ �\ S�' g �>t ' a'. �` a ar .�.•p- S. • q F '\\� v FF' \ 9 .w a a a > ¢ i - qp e F.:ma:o-, F .. e :~E '� \ \ k , , '_\\ \ . 6 F § �� ..e \ . .. f1 �� F � T F F F 4 i s a �... a s �i14 F F FF g '�44 1�R V ¢ i :. F. -.,.xi. i \t� a F F F F e . w� '^y. i\y �, �X �,. t \. a y�„d >\ 11 fib\ { _� YC; Hydrant Setup Fee $ 225.00 Per h yeter drant New Water Meter; 5/8" Meter $ 360.00 Per m New Water Meter; 3/4" Meter $ 400•00 Per meter New Water Meter; 1" Meter $ 460.00 Per meter New Water Meter; 1.5" Meter $ 92 Per meter New Water Meter; 2" Meter $ 1,840.00 Per meter New Water Meter; 3" Meter $ 3,080.00 Per me ter New Water Meter; 4" Meter $ 4,800.00 Per meter New Water Meter; 6" Meter $ 8, 660.00 r Pe meter Water Meter Installation Return Trip Charge $ 55.00 Per return trip Applies to new Water New Sery ice Establishment Fee $ 90.00 Per customer a established betw hours of 9:00 AM and 4:00 PM, Monday through Friday, with 24 hours notice. Does not apply to holidays. Water After -hours New Service Establishment Fee $ 100.00 Per customer Regular Council Meeting -April 17, 2012 - Page 72 of 108 Page 24 of 26 COMPREHENSIVE FEE SCHEDULE Proposed May 15, 2012 11�ptian �� AMMO Water Reconnect Fee $ 105.00 Per customer Customer must also make the account current on payments. Same conditions apply as with new service establishment fee. Water Reconnect Fee; Additional Fee for Violation $ 250.00 Per violation Applies if violation is not corrected within twenty - four hours. Fee is in addition to any other applicable reconnection fees. Water After -hours Reconnect Fee $ 160.00 Per customer Customer- requested Meter Re -read $ 35.00 Per re read Fee is refundable if meter is found to be inaccurate, defined as an error of greater than 3 %. Water Unpaid Bill Outside Collections Fee See note Per customer Fee for an unpaid water bill being sent to an outside collections agency is the returned check fee plus 25% of total unpaid bill. Customer- requested Meter Test $ 110.00 Per test Fee is refundable if meter is found to be inaccurate, defined as an error of greater than 3 %. Hydrant Meter Relocation $ 120.00 Per hydrant Standpipe Card Replacement Fee $ 10.00 Per standpipe Vacation Service Fee $ 14.00 Per service Hydraulic Modeling Review $ 1,500.00 Per submittal Fees may be higher depending on size of development and time needed to review. Replacement Backflow Permit Fee $ 35.00 Per permit Miscellaneous Backflow Prevention and Cross - Connection Permit $ 80.00 Per permit Applies to any backflow Fee prevention and cross- connection- related permit not covered under another fee. Form A Permit Marana Water; Base Fee $ 100.00 Per submittal Form A Permit - Marana Water; Construction Cost Fee See note Per submittal Fee is the greater of $1,000 or 2.5% of the construction cost. Form A Permit - Marana Water; Violation Fee See note Per violation Fee is double the permit fee. Regular Council Meeting - April 17, 2012 - Page 73 of 108 Page 25 of 26 COMPREHENS SCHEDULE Proposed May IVE FEE 15, 2012 w 1 1 ?' ,, : / Y' ,. \ 1� fix' 8� Y � . t , bt'� �aa � \ i i ,' i Y as ° ¢ '.1fteS ':g,444%''''''''''..,:",.,',' ' \. a 9' z a / Imo , B a ?,',44,1:14'''''''.- '��ia �� " \'' r •� ��y � tb � \:^ J Vii'* a \\ , Z ;k' z \\ 10 !'3 a ' s.,4* \��` c, ' n , \ \ \ ni �.. a s a €� ,,,.gym - \: � \3 c�� E� l 1 $ a! g o ii B t - Regular Council Meeting -April 17, 2012 - Page 74 of 108 Page 26 of 26 Notice of Proposed Fee Changes Pursuant to A.R.S Section 9- 499.15. PUBLIC NOTICE IS HEREBY GIVEN, that the Town of Marana, Arizona, no sooner than 60 days from the date of this notice, will consider approving the following new fees and/or fee increases on May 15, 2012: • FY13 Proposed New fees, Changes, Fee Increases Notice posting date: March 16, 2012 Regular Council Meeting - April 17, 2012 - Page 75 of 108 d > U d Ll Z L c W w o N 0. Y O C U a. O N U Q O O O. V a. 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CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, April 17, 2012, 7:00 PM To: Mayor and Council Item D 2 From: Gilbert Davidson and Erik Montague, Town Manager / Finance Director Strategic Plan Focus Area: Commerce, Community, Heritage, Progress and Innovation, Recreation Subject: Presentation: Relating to Budget; review, consideration and direction to staff regarding the fiscal year 2012 -2013 managers recommended budget for the General Fund Discussion: The Town Manager and Finance Director will present the recommended budget for the General Fund for fiscal year 2012 -2013. Information and direction received from Council will be incorporated into the Town's tentative budget which will be brought back to Mayor and Council for consideration at the regular meeting on May 15, 2012. The presentation will be provided to Council prior to the meeting. Financial Impact: The recommended budget incorporates the overall framework and strategies outlined in the January 24, 2012 study session. ATTACHMENTS: Name: Description: Type: El 2013_ Recommended _Budget Trans...mittal.pdf FY2013 Recommended Budget Transmittal Backup Material Staff Recommendation: Staff requests information and direction regarding the managers recommended budget for the General Fund for fiscal year 2012 -2013 which will be incorporated into the tentative budget on May 15, 2012. Suggested Motion: I move to direct the Town Manger to incorporate the item(s) discussed this evening in the preparation of the tentative budget which will be considered for possible adoption on May 15, 2012. Regular Council Meeting - April 17, 2012 - Page 86 of 108 A / TOWN OF MAGNA April 10, 2012 Honorable Mayor and Members of Council: The Manager's recommended General Fund budget for fiscal year 2013 is a reflection of Marana's values and priorities for the coming year. As directed by Council on January 24, 2012, Town staff developed a balanced operating budget which allocates resources to core priorities in accordance with the Town's strategic plan and the economic recovery plan which will be phased in over the next several years. The Marana economic recovery plan is based upon economic analysis that projects a modest, multi -year recovery. As local sales tax (transaction privilege tax) collection and state shared revenues increase in future fiscal years, the Town needs to maintain an organized and clearly defined reinvestment strategy. The recovery plan is designed to help Council allocate funding based upon priority need. It also allows staff and the community to better understand the financial health of the organization and where new dollars are being invested. The Marana economic recovery plan comprises three investment priorities: current employees, resources and strategic positions. Council concurrence with the plan on January 24, 2012 formed the baseline for decisions made in creating the manager's recommended budget for fiscal year 2013. The policy goal of the recovery plan is to develop a phased approach of investment as it relates to current employees, resources and strategic positions. The investment priority of "current employees" covers salary and benefit costs, retirement and other related benefits and services. "Resources" comprises facilities, vehicles and tools needed to successfully serve the community. "Strategic positions" identifies new positions that were either funded in previous years or are critical to the mission of local government. The overall fiscal health of the Town's general, enterprise and reserve funds remains strong. The proposed fiscal year 2013 budget is structurally balanced and meets Council's policy direction as it relates to core community services and programs. Regular Council Meeting - April 17, 2012 - Page 87 of 108 Accomplishments The Town of Marana made full use of its strategic partnerships this fiscal year, working with federal, state and local officials as well as the private sector to deliver projects and services that improved the lives of its nearly 35,000 residents. Strategic Plan II Council formally adopted the Strategic Plan II in March of this year. The action culminated several months of staff work and community discussions to update and improve a vital plan that went into effect three years ago. Town Council and staff held more than a dozen community meetings in January and February to seek feedback on the Strategic Plan II draft. The Town talked with homeowners associations, civic groups and other residents across Marana to ensure that the plan reflects the vision and values of the people who live and do business here. The result is an updated product that has a few new features, including a numeric reference system, index, success indicators and innovative and exciting priorities. The Strategic Plan II will continue to guide key decisions including the allocation of resources related to this budget. Business Development Center (BDC) In January, more than 40 people, including several members of the Marana Chamber of Commerce, attended the BDC ribbon - cutting. The Town is working with the Chamber on the BDC by sharing information and data regarding existing businesses, setting up telephone conferences with prospective businesses and performing public outreach at events. The BDC's format is unlike any other model in the region, bringing engineers, planners, plans examiners and permit clerks together to help business owners get their projects off the ground. The goal of this new format is to streamline and facilitate the development process from the initial contact through the ribbon cutting. Marana is serious about becoming the best place in the state in which to do business. The development of this center exemplifies the Marana's commitment toward improving the way to Town works with potential business owners. Website Redesign & "My Marana" Application After months of hard work by the project team, the redesigned Town of Marana website went live Dec. 30, 2011. The new site follows the Town's Graphic Design Standards which helps maintain Town identity and ensures a high level of professionalism. The Town's new site provides a wealth of information for those that already call Marana home and those that might in the future. To facilitate even greater use of smart phone technology, the Town created and launched a new application entitled, "My Marana". It is available on Blackberry, iPhone, Android, and Windows based platforms. This application allows residents and visitors to report problems and stay connected with the latest news and information. Regular Council Meeting - April 17, 2012 - Page 88 of 108 Marana Citizens' Forum In November 2011 meeting, the Town Council created the Marana Citizens' Forum as a special committee of the Town. The Forum is a new and innovative method for increasing citizen engagement and fostering community participation in an effective and sustainable manner. The Town Council will approve a topic or topics and provide them to the Forum members for discussion with the first forum topic of "civic and community engagement." The Marana Citizens' Forum will discuss, develop and recommend to the Town feasible action plans that are aligned with the Town's Strategic Plan regarding Town -wide multidisciplinary issues. Employee /Community Connections Earlier this year, the Human Resources Department and Town Clerk's Office reorganized and re- launched two programs designed to teach employees and citizens about Marana and the organization's structure. Formerly Marana 101 (employees) and C.R.E.W. (citizens), these programs became a joint venture known as Community /Employee Connections. The new program is intended to provide both citizens and employees with a wealth of information surrounding Marana's history, organization and the services that it provides. The program provides both classroom presentations as well as a bus tour of key areas of development and projects around town. Dedication of Wild Burro Trailhead The February ribbon cutting for the Wild Burro Trailhead at the Ritz- Carlton, Dove Mountain, demonstrated Marana's commitment to recreational opportunities and the strong community partnerships which made this trailhead possible. The ceremony was held in conjunction with the MOVE Across 2 Ranges endurance hiking event that the Town and Oro Valley hosted for the first time. The trailhead and trails are located on the grounds of the Ritz- Carlton, Dove Mountain, which partnered with the Town on the project. Both guests at the hotel and the public may use the new facilities at the trailhead and the trails. Marana Wastewater Treatment Facility In January, the Town reached one of the most crucial goals in our 35 -year history by assuming management of the Marana Wastewater Treatment Facility from Pima County. The plant serves 1,800 customers in North Marana with the ability to accommodate significant commercial and residential growth in the near future. Wastewater is an important element of a balanced water portfolio and this acquisition places the Town in the position to be aggressive in our pursuit of critical economic development opportunities. Regular Council Meeting - April 17, 2012 - Page 89 of 108 The Town appreciates its community partners and pledges to strengthen those relationships in the coming year to improve the lives of all who live, work and do business here. Recovery Planning As the econ and reg con tinue to stabilize and begin to improve, it is critical to pr ovide a framework to guide future decisions. The recovery plan will provide a basis to alloca resource to those areas that a re critical • providing and maintaining core services. .. jiifitgiSitiiiiiiticitS5:44:1P,E:.!:*:agli,... Policy Goal — deve an integrate a framework of strategies, action plans, and po licies to manage through the econom recovery and years beyond. W � i Streg , . „� , _ Sb �Y E l: _ss t • i , tOlitttill'Otgrtat d b ” "g €'. f �f kS '>. C'd f 1,9,f1:4`..."::;;;,..,;--- �fxpl �� � BF J, � d o-_ r4 : �.n .. ".- jalliaillf14#dheftitide4C a , ¢ �, ' �` a a� a ad° q e u x a s a r +: tffi a'a a �� fix a " " a b .- e 90 of 108 Regular Council Meeting -April 17, 2012 - Pag Recovery Plan Investments The following tables describe the Town's investments into the recovery plan areas for the total town -wide investment and the portions incorporated within the General Fund. These investments are included within the recommended budget summary presented later. Class and compensation $50,000 $50,000 study Cost of living adjustment $376,041 $334,600 Pay and benefits (COLA) of 2% One -time lump sum pay $132,000 $118,800 adjustment Benefits and other $389,570 $338,570 ad Employee training $61,251 $57,806 Professional and $4,335 $4,235 technical memberships Training and development Internal employee development and $16,500 $16,500 training program Organizational Employee task force to Existing Existing benefits/Influence generate ideas /programs Resources Resources surroundings /ownership Regular Council Meeting - April 17, 2012 - Page 91 of 108 Vehicles Vehicle replacement $246,000 $84,000 Desktop /laptop $65,000 $65,000 replacement Mobile Data Terminals $25,000 $25,000 Police Service Room $55,000 $55,000 Technology Upgrade Police Radio System $750,000 $750,000 Software Upgrade Other Software and $106,256 $101,256 Hardware Maintenance projects $117,340 $109,900 Facilities Telephone switch & hardware upgrades $140,000 $140,000 (Phase 2) Equipment Diagnostics, mowers, $15,800 $14,800 and other items NIMMOMPRIVIMPRINEEMASOOMMEnaganntrrEtTrimprragromo %y, New Positions \ 1d Inmate Services Coordinator $36,720 $18,360 Airport Manager $68,750 $0 Wastewater positions $174,440 $0 Water Operator I $40,390 $0 Benefits and employers related expenses related to the $112,105 $0 positions listed above Vehicles, equipment and other one -time items related $121,200 $0 to the positions listed above Reclassifications $43,379 $36,541 1- w EE22{gEjElnigBTEBBIIIIIIIEEMIEMMEBIZIEIIEggtkajUhl;EiatE4M Regular Council Meeting - April 17, 2012 - Page 92 of 108 General Fund The following General Fund summary is structurally balanced with ongoing revenues supporting ongoing services and programs. One -time resources support one -time projects and programs. Of the amounts included below, $29.7M represent ongoing costs and $2.8M in the one -time items. The investment in current staff, resources and strategic positions of $2.3M is also included within the following summary. Summary of General Fund Recommended Budget Fiscal Year 2013* % Revenues FY2012 Budget FY2013 Recom $ Change . Change Sales Tax Revenues $ 20,001,725 $ 20,336,395 334,670 2% Other Agency Revenues 6,979,466 7,821,591 842,125 12% Licenses, Fees & Permits 1,994,250 2,347,250 353,000 18% Charges for services 955,470 381,100 (574,370) -60% Fines and forfeiture 660,000 570,000 (90,000) -14% Grants and contributions 20,511 102,750 82,239 401% Investment Income 90,000 100,000 10,000 11% Miscellaneous revenues 544,547 582,070 37,523 7% Total Revenue 31,245,969 32,241,156 995,187 3% Expenditures Personnel & benefits 20,157,992 20,931,445 773,453 4% Contracted services 3,831,129 3,222,747 (608,382) -16% Operating supplies & equip 3,169,365 3,174,004 4,639 0% Capital outlay 1,874,923 2,099,000 224,077 12% Total Expenditures $ 29,033,409 $ 29,427,196 $ 393,787 1% Revenues over(under) expenditures $ 2,212,560 $ 2,813,960 601,400 27% Other financing sources (uses): Loan proceeds - (750,000) (750,000) >100% Transfers out 2,909,840 3,074,720 164,880 6% Total other financing sources(uses): $ 2,909,840 $ 2,324,720 $ (585,120) -20% Total $ (697,280) $ 489,240 $ 1,186,520 -170% *Note: Both the FY2012 and FY2013 budgets exclude a $1M contingency which may only be utilized when approved by Council. To date, no contingency has been used in FY2012. Regular Council Meeting - April 17, 2012 - Page 93 of 108 The charts on the following page present the overall General Fund sources and uses of projected resources. FY 2012-2013 General Fund - Sources Sales tax M iscellaneous . $20.3. venues, S0.6, 2 to :: t $0.1, 0% Grants and cotatiibutions, $0.1,1% Fiixe' and forfeiture SOJS ° Ch for fees & �r Revenues say je � � $7.8. 24 FY 2012-2013 General Fund - Uses e benefits $20.8 64% 00 +0, 132 equip, $3.2 Ttutsfets capital outlay, $2.1 Regular Council Meeting - April 17, 2012 - Page 94 of 108 Summary of Positions The largest portion of the Town's operating budget reflects its investment in personnel and related benefits. Our employees provide the core services that the citizens require and those costs comprise the largest operating cost within the General Fund at approximately 64% of the budget. Over the past several budgetary cycles, the number of authorized full time equivalent (FTE) positions was reduced from 367 in fiscal year 2009 to 301.83 in fiscal year 2010. This represents an almost 18% reduction in FTE. While the Town was able to maintain the core values and services identified in the development of during that time, those reductions placed a significant strain on resources in certain key areas. The strategic plan along with the economic recovery plan will continue to guide the allocation of resources in future years. This fiscal year 2013 budget recommends the addition of the equivalent of 6.00 FTE. Most of the recommended positions relate to Enterprise Fund activities. The following tables present an overall, multi -year summary of FTE and a detailed listing of recommended additions for fiscal year 2013. Multi -year Position Change Summary FY2009 FY2010 FY2011 FY2012 Budgeted FTE 341.88 301.83 309.18 315.18 Position change from previous year (25.12) (40.05) 7.35 6.00 Percentage change from previous year -7% -12% 2% 2% Detailed Listing of Recommended new FTE for FY2013 Position FTE Department Funding Source Inmate Services Coordinator 1.00 Public Works General Fund/HURF Airport Manager 1.00 Airport Enterprise Fund Water Operator I 1.00 Water Enterprise Fund Wastewater Operations Manager 1.00 Wastewater Enterprise Fund Principal Wastewater Reclamation 1.00 Wastewater Enterprise Fund Facility Operator Wastewater Operator I 1.00 Wastewater Enterprise Fund Total 6.00 Regular Council Meeting - April 17, 2012 - Page 95 of 108 In Summary The series of difficult decisions made in earlier budget years has positioned Marana well both organizationally and fmancially to take advantage of the recovery as it slowly occurs. The set of accomplishments described earlier in this document clearly demonstrates the Town's ability to complete major projects, programs and services that the citizens require. I would like to thank our department heads, senior management team, finance, human resources and legal staff for their efforts in submitting their recommendations incorporated within this recommended budget for fiscal year 2012 -2013. Respectfully, Gilbert Davidson, Town Manager Regular Council Meeting - April 17, 2012 - Page 96 of 108 MARANA 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, April 17, 2012, 7:00 PM To: Mayor and Council Item D 3 From: Gilbert Davidson, Town Manager Strategic Plan Focus Area: Not Applicable Subject: Relating to Legislation and Government Actions: Discussion and possible action regarding all pending state, federal, and local legislation/government actions and on recent and upcoming meetings of other governmental 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: ❑ Issue_12.pdf Legislative Bulletin 12 Backup Material 0 Legislative Bulletin 13.pdf Legislative Bulletin 13 Backup Material Staff Recommendation: Upon the request of Council, staff will be pleased to provide recommendations on specific legislative /intergovernmental issues. Suggested Motion: Mayor and Council's pleasure. Regular Council Meeting - April 17, 2012 - Page 97 of 108 League of Arizona Cities and Towns - Legislative Bulletin Page 1 of 5 ona eague of A Citic.,-D AND LW LLZ, Legislative Bulletin — ISSUE 12 - March 30, 2012 Legislative overview Today is the 82nd day of the first regular session of Arizona's 50th Legislature. During the past week, the only legislative committees to hear bills were the Committees on Rules and Appropriations. Otherwise, legislative activity was confined to the floors of the two chambers. During the past week, Governor Brewer brandished her veto pen for the first times this year. She first rejected HB 2757 (billboards; changing message; authorization), which would have legalized electronic billboards along state highways. On Thursday, March 29, HB 2362 (state parks revenue fund) became the subject of the Governor's second veto of the year (see story below). Conference committees are poised to begin meeting to reconcile differences between House and Senate versions of various bills that have passed both chambers in different forms. The deadline for conference committees to meet is Friday, April 13, four days before the 100 -day session deadline established by rule. Consolidated elections HB 2826 (consolidated election dates; political subdivisions) mandates that, with very narrow exceptions, all municipal elections must be held in the fall of even - numbered years. The bill, which is strongly opposed by the League, passed the House by a slim margin on March 1. The bill was scheduled for consideration by the Senate Committee of the Whole on Thursday, March 29 but was retained. It has reappeared on the Senate COW calendar for next Monday, April 2. The League remains opposed to the bill for a variety of reasons, including: state interference in a matter of purely local concern (particularly with respect to the elimination of spring elections for cities and towns); prospective ballot length and voter fatigue; increased costs and voter confusion; unnecessary and harmful delays for certain types of elections; and difficulties associated with all -mail ballots. During Senate consideration of the bill, an amendment may be offered that would address some, but not all, of the League's concerns. Accordingly, the League continues to oppose the measure and encourages cities and towns to contact their senators to urge a "NO" vote on HB 2826. Liquor regulations HB 2606 (liquor omnibus) failed in the Senate on Tuesday, March 27, by a vote of 12 -18. Among other things, the bill, sponsored by Rep. J.D. Mesnard (R- Chandler), permits the State Liquor Board to consider municipal tax delinquencies in liquor license suspension and revocation proceedings. It further permits a city or town to use the average of the last five years of the Consumer Price Index (CPI) for fee increases (as opposed to just the previous year's CPI). A motion for reconsideration was approved, which provides for a future revote on the measure. Regular Council Meeting - April 17, 2012 - Page 98 of 108 http : / /www.leagueaz.org/bulletin/12 /120330 /index.cfin ?a=print 4/2/2012 League of Arizona Cities and Towns - Legislative Bulletin Page 2 of 5 State parks On Monday, March 26, the Senate approved HB 2362 (state parks revenue fund) by a unanimous vote of 28 -0, sending it to the Governors desk. Sponsored by Rep. Karen Fann (R- Prescott), the bill creates a new fund for operation and maintenance of the state park system. The fund would be composed of private donations, revenue from fees and sales, and legislative appropriations. The measure also permits the State Parks Board to acquire and develop real property and improvements, subject to review by the Joint Committee on Capital Review. On Thursday, March 29, Governor Brewer vetoed HB 2362. It was her second veto of the year. In her veto letter, the Governor did applaud the bill sponsor and emphasize that the State Parks Department is working with Rep. Fann on potential improvements to the legislation to avoid unintended consequences. Animal cruelty On Thursday, March 29, the Senate Committee of the Whole approved HB 2780 (animal cruelty; ranching dogs). The bill provides an exemption from animal cruelty statutes with respect to dogs involved in ranching and farming activities. The Senate adopted a floor amendment offered by Senator Ron Gould (R -Lake Havasu City), Chairman of the Senate Judiciary Committee. That amendment considerably narrows the exemption. The legislation continues to contain language preempting municipal ordinances involving abuse of ranching dogs. The bill, which is opposed by the League, now proceeds to third reading in the Senate. Traffic control On Tuesday, March 20, the Senate Appropriations Committee approved a strike- everything amendment to HB 2557 (NOW: intersection; definition) by a vote of 8 -4. As amended, the bill redefines the definition of "intersection" in the transportation statutes to make it more difficult to cite drivers for red light violations. The measure passed the Senate Committee of the Whole on March 27 and now proceeds to its third reading. Alarm installation On Tuesday, March 27, the Senate Committee of the Whole passed HB 2748 (NOW: alarm business; alarm agent; certification). The measure provides for the establishment of a statewide certification requirement for alarm businesses and alarm agents, and preempts further local regulation of alarm installation. The measure was additionally amended on the floor to make technical and clarifying changes. The League is neutral on the bill, which now proceeds to its third reading in the Senate. Consumer fireworks HB 2361 (NOW: regulations; consumer fireworks), which passed the House by a vote of 46 -14 on March 6, is subject to consideration by the Senate Committee of the Whole at any time. Among other things, the legislation: prevents municipalities from adopting ordinances with penalties greater than a petty offense for a person using certain consumer fireworks; permits the imposition of fees on fireworks vendors; addresses certain signage issues; and permits restrictions on the sale and use of consumer fireworks in Coconino and Yavapai Counties. The League is neutral on the bill. Competing fireworks legislation, SB 1364 (consumer fireworks; permitted regulation), was approved by the House Rules Committee on March 26 and was caucused in the House the following day. This bill, sponsored by Senator Andy Biggs (R- Gilbert), does not authorize jurisdictions within Yavapai and Coconino Counties to regulate the sale of fireworks. Without that modest expansion of regulatory authority, the League opposes SB 1364. Tax reform On Wednesday, March 28, the Senate unanimously approved HB 2123 (transaction privilege tax reform committee). The bill, sponsored by House Majority Leader Steve Court (R- Mesa), establishes a 13- member committee to study various issues related to the future of taxes in Arizona. The bill requires the committee to report its findings and recommendations by October 31, 2012. HB 2123 was amended by the Senate to remove the Director of the Office of Strategic Planning and Budgeting from the committee and instead appoint the Director of the Department of Revenue. The House concurred with this change, and the Governor signed the bill MCQil mrrch hf ipgMAp:C*092012 - Page 99 of 108 http : / /www.leagueaz.org/bulletin/12 /120330 /index.cfin ?a =print 4/2/2012 League of Arizona Cities and Towns - Legislative Bulletin Page 3 of 5 Law enforcement On Monday, March 26, the House Committee of the Whole was scheduled to hear SB 1212 (taw enforcement officers; just cause), but the bill was retained. Sponsored by Senator Andy Biggs (R- Gilbert), the bill mandates that the same "just cause process required for the termination of law enforcement officers be applied to demotions and suspensions tasting longer than 40 hours. The League opposes the bill as a costly impediment to the discipline of problematic officers. On Wednesday, March 28, the House Committee of the Whole approved SB 1186 (law enforcement officers; omnibus) by voice vote. Among other things, the measure, sponsored by Senator Linda Gray (R- Phoenix), severely curtails the ability of law enforcement agencies to require fitness for duty examinations. The League opposes the bill, which previously passed the Senate by a vote of 30 -0. Emergency response On Monday, March 26, the Senate Rules Committee approved HB 2094 (prepaid wireless E911 excise tax). The bill, sponsored by Rep. Bob Robson (R- Chandler), levies a tax of .8 percent on the retail sale of prepaid cell phone services to assist governmental entities with the maintenance, operation and capital costs associated with the 9 -1 -1 system. Arizona currently levies a tax on all telecommunications services for this purpose. The tax, however, is currently collected only on monthly wired and wireless services. The League supports HB 2094 as a means to effect considerable improvement of Arizona's aging 9 -1 -1 system. The legislation now proceeds to the Senate caucuses for discussion. Public works notification On Monday, March 26, the Senate Rules Committee approved HB 2350 (NOW: cities; counties; regulations), which was caucused in the Senate that same day. The measure requires a municipality to post its capital improvement plan (CIP) on its website. Under the legislation, a utility may also request that it receive copies of the CIP, along with information on any new or accelerated projects. The League is neutral on the bill, which has been placed on a Senate consent calendar. Business incentives SB 1442 (prime contracting; manufacturing facilities; infrastructure) was discussed by both House caucuses on Thursday, March 29. The measure allows municipalities and counties to recapture state transaction privilege taxes paid by qualified manufacturing facilities for public infrastructure necessary for those facilities. The League supports the measure as a tool for attracting manufacturing jobs to Arizona. Sales tax collection HB 2466 (NOW: payment; local sales tax) was scheduled for consideration by the Senate Committee of the Whole on Thursday, March 29. The bill, which provides for the creation of an online portal for the direct remittance of taxes by taxpayers in self - collecting cities, was retained. The League, which supports the measure, understands that it was held in order to resolve outstanding issues with the Arizona Department of Administration. Political signs On Wednesday, March 28, the House Committee of the Whole approved SB 1200 (political signs; hazardous locations). The bill, sponsored by Senator Sylvia Allen (R- Snowflake), stipulates that a government agency must notify the owner of a political sign in writing if a particular sign is deemed to create a hazardous condition. It further provides that, for purposes of calculating the time frame for permissible sign installation, a primary election begins on the day that early ballots are first mailed out to voters. The measure now proceeds to its third reading in the House. Legislator Profile - Senator Steve Pierce As a real -deal Arizona cowboy whose family has been in the ranching business since 1915, Senator Steve Pierce knows bull when he sees it. And make no mistake: as the president of the Arizona State Senate, he sees a lot of it. There is little doubt that Pierces reputation as a straight - shooting, no- nonsense, get -it -done leader figurgljdfajtet4ina t Atiojes $?II 4?2 ,542 - *,q 8fp my- leadership post upon the departure of his http : / /www.leagueaz.org/bulletin/12 /120330 /index.cfm ?a =print 4/2/2012 League of Arizona Cities and Towns - Legislative Bulletin Page 4 of 5 predecessor. With a vocal minority and a caucus of independent- minded senators, Pierce constantly draws on a reserve of quiet strength to keep the Arizona Senate moving forward. Given the depth of his Arizona roots, Pierces ancestors may as well have walked out of the sea and right into the desert Southwest. Instead, his grandfather came to Arizona from Missouri, rolling into the territory on a boxcar. He found work at O'Malley Lumber in Phoenix, from which he retired as a manager at about the time that Arizona became a state. Along the way, Grandfather Pierce acquired some 200 acres of farmland - at what is now 44th Street and Thomas Road in Phoenix. He reinvented himself as a rancher and began raising short -horn cattle in ' the middle of what was to become one of the country's largest metropolises. The future president of the Senate was born in St. Joseph's Hospital in Phoenix in 1950. He attended elementary schools in the northeast Valley until the time, in 1959, when urbanization took the Pierce family in a new direction. Developers acquired the Pierce farmland as the site for Thomas Malt. (Opened in 1963, and anchored by Montgomery Ward and Diamonds, this modern retail marvel - which was leveled in 1993 - featured colorful birds in giant cages, Large aquaria and a "dancing waters' fountain for shoppers' enjoyment.) The family's legacy is memorialized in the form of Pierce Park, located on North 46th Street on a section of the former ranch that was dedicated to Phoenix. Families now swim, shoot hoops, picnic and play tennis on land where cattle once grazed. Also in the neighborhood is Pierce Plaza, a modest retail center. Long gone, however, are the cows and silos. With some money in their pocket and ranching in their blood, the Pierces moved to Las Vegas Ranch in the Prescott area. As far as young Steven was concerned, even though Prescott was a mere 100 miles away from Phoenix, it may as well have been on the other side of the moon. On that first day I got off the school bus, I knew that everything was completely different," he recalls. "I found myself in a real melting pot, surrounded by kids of all types and ethnic backgrounds. I made friends immediately." He also went right to work on the ranch. He learned the value of a dollar, earning exactly one of them a day. And those dollars were more than hard - earned. "I helped cull the herd. I hoed thistles. Helped bale hay. Moved cattle. Drove tractors. I did whatever l was told." Following his graduation from Prescott High School, Pierce entered college at the University of Arizona, where he earned a degree in animal sciences. Of the 15 students who graduated from Pierces program, he was the only one whose family owned a working ranch. A professor of meat science and academic mentor, John Marchello, persuaded Pierce to return home and put his knowledge to practical use. Marchello, a member of the UofA faculty since 1965, is still teaching meat science in Tucson. And Pierce is still working the Las Vegas Ranch. Pierce worked alongside his father, Delbert, on the ranch up until the latter died over three years ago. The elder Pierce passed away just 12 days after his wife did. The couple met in second grade. He lived to 91, and his younger bride to 90. Long before he passed, Delbert Pierce, who had himself served on the Scottsdale School Board, advised his son not to get into politics. Its too hard on a family," he counseled. Pierce intended to heed this advice, but he found that he couldn't stand back and idly watch as his state senator "failed to represent the values of the conservative district" in which they both lived. Consequently, he took on the incumbent in the 2008 Republican primary and defeated him by 1,400 votes. He went on to crush his Democratic rival by a 22 percent margin of victory in the general election. As a legislator, Pierce examines issues through an intellectual prism crafted on an Arizona ranch. He emphatically notes, for example, that responsible ranchers are the states true environmentalists. Stewards of the land they love, their activities contribute to forest health and a balanced ecosystem. Pierce is especially proud of the recognition that he and his father were awarded in 1983 by the Arizona Section of the Society for Range Management. They were jointly named "Range Managers of the Year." Pierce is also attentive to urban issues and works to stay connected to the incorporated municipalities in Arizona's first legislative district, located in Coconino and Yavapai Counties. Referring to his city and town constituents, he states: They know I'll help them when I can and that my door is always open." Regular Council Meeting - April 17, 2012 - Page 101 of 108 http : / /www.leagueaz.org/bulletin/12 /120330 /index.cfm ?a =print 4/2/2012 League of Arizona Cities and Towns - Legislative Bulletin Page 5 of 5 Pierce doesn't appear to be very obsessed with a political career beyond the Senate. "Whatever happens, happens," he states with his trademark taciturnity. "There are plenty of things I could do I only got to fish once all last year." During a recent meeting of the executive committee of the League of Arizona Cities and Towns, Pierce talked about problem solving and compared his jobs as rancher and Senate president. "On the ranch, if you can't fix something one way, you get baling wire and fix it another way." Armed with the baling wire of common sense and resourcefulness, Pierce will remain plenty busy solving problems at the political ranch located at 1700 West Washington in Phoenix. Legislative Bulletin is published by the League of Arizona Cities and Towns. Forward your comments or suggestions to league ®azleague.org. Regular Council Meeting - April 17, 2012 - Page 102 of 108 http : / /www.leagueaz.org/bulletin/12 /120330 /index.cfm ?a =print 4/2/2012 League of Arizona Cities and Towns - Legislative Bulletin Page 1 of 6 League of A ona 0 0 AND Legislative Bulletin — ISSUE 13 - April 6, 2012 Legislative overview Today is the 89th day of the second regular session of Arizona's Centennial Legislature. During the past week, Governor Brewer vetoed HB 2647 (county stadium districts; Rio Nuevo). Interestingly, her veto letter focused little on the substance of the legislation; rather, it explained that the she vetoed the bill because of its financial implications, stating that, it is unwise to enact legislation that has a fiscal impact or changes tax policy until we have reached an agreement on projected revenues and appropriated expenditures as part of a state budget for Fiscal Year (FY) 2013." The Governor further wrote: "I cannot sign into law any other measure with a fiscal impact, while other critically important funding issues remain unresolved in the state budget." The budgets unveiled by the Governor and the Legislature are some $500 million apart in their spending proposals for the fiscal year beginning July 1. Lawmakers propose to set aside $200 million for debt reduction and another $250 million for a rainy day fund (in anticipation of the expiration of the temporary one -cent sales tax in 2013 and higher federal healthcare costs). At the same time, the Governor proposes additional spending for school maintenance and construction, reading programs, services for the seriously mentally ill, private prison beds and child welfare programs. Most legislative activity during the past week involved the consideration of bills that had already passed their houses of origin. In other words, the Senate voted mostly on House bills previously approved by the House and vice versa. The Legislature has also entered the season of conference committees. After a bill has passed one chamber and is later amended and passed by the second chamber, the original chamber can concur with or refuse the changes. If the chamber concurs, then the bill proceeds to its final passage vote in its original chamber. If the chamber refuses, the bill goes to a conference committee where differences in the House and Senate versions of the bill are reconciled, and a conference agreement is produced. Conference agreements must then be passed by both chambers before proceeding to the governor for signature or veto. Consolidated elections On Wednesday, April 4, the Senate defeated HB 2826 (consolidated election dates; political subdivisions) by a vote of 11 -17. The original bill, which previously passed the House despite the League's opposition, mandates that, with very narrow exceptions, all municipal elections must be held in the fall of even - numbered years. Before its defeat on third reading, the bill was amended in the Senate Committee of the Whole to address various technical issues. The League, however, remains opposed to the bill as amended for a variety of reasons, including: state interference in a matter of purely local concern (particularly with respect to the elimination of spring Regular Council Meeting - April 17, 2012 - Page 103 of 108 League of Arizona Cities and Towns - Legislative Bulletin Page 2 of 6 elections for cities and towns); prospective ballot length and voter fatigue; increased costs and voter confusion; unnecessary and harmful delays for certain types of elections; and difficulties associated with all -mail ballots. On Thursday, April 5, the Senate approved the motion of Senator Andy Biggs (R- Gilbert) to reconsider HB 2826. Accordingly, the bill could be scheduled for a revote in the Senate anytime prior to adjournment sine die. The League thanks those senators who voted "no" on HB 2826. Furthermore, we encourage cities and towns to contact their senators to: 1) thank them for rejecting this bill; 2) restate how important it is for municipalities to . retain their limited flexibility with respect to election dates; and 3) request that senators continue to oppose HB 2826 on reconsideration. Council procedures HB 2570 (political subdivisions; proceedings; governing bodies) provides that a city or town council may not take action on a proposed ordinance until it has been publicly posted in its final form for at least seven days. The bill also prescribes a process for the adoption of emergency ordinances and exempts certain other ordinances from the bill's enhanced notice requirements. The bill was amended in the Senate Committee on Government Reform to stipulate that emergency ordinances expire 90 days after adoption instead of 60. Additionally, the amendment makes certain clarifying changes to last year's SB 1598 (cities; counties; regulatory review) regarding licensing timeframes and exempt permits and licenses. The measure was scheduled for consideration by the Senate Committee of the Whole on Monday, April 2, but was retained white stakeholders worked on a compromise agreement. HB 2570 has been rescheduled for the Committee of the Whole on Monday, April 9. In the meantime, the League continues to work with the sponsor, Rep. Justin Olson (R- Mesa), and other interested parties to effect additional changes to the legislation. Firearms On Tuesday, April 3, the Senate Committee of the Whole considered and passed MB 2729 (state regulation of firearms). The bill, opposed by the League, requires governmental entities to permit guns into public establishments, unless armed personnel and metal detection equipment are installed at the entrances to such establishments. The measure, sponsored by Rep. David Gowan (R- Sierra Vista), further preempts municipalities from having firearms ordinances stricter than state law. The bill now proceeds to its third reading in the Senate. Pension reform On Monday, April 2, the Senate Rules Committee approved HB 2745 (NOW: PSPRS; employer contributions). The bill changes the Alternate Contribution Rate (ACR) requirements of the Public Safety Personnel Retirement System (PSPRS). The change would preclude an employer from paying the PSPRS ACR on a PSPRS - eligible position if the person hired to fill that position: 1) was hired before the effective date of last year's pension reform bill; 2) previously retired from PSPRS; and 3) is enrolled in another state retirement system. The League supports the bill, which will result in cost savings for some of Arizona's cities and towns. The legislation, which previously passed the House by a vote of 58 -0, now proceeds to the Senate Committee of the Whole for further consideration. Animal cruelty On Thursday, April 4, the Senate passed MB 2780 (animal cruelty; ranching dogs) by a vote of 16 -13. The bill provides an exemption from animal cruelty statutes with respect to dogs involved in ranching and farming activities. An amendment previously adopted by the Committee of the Whole narrows the exemption considerably. Nevertheless, the League opposes the bill because it specifically preempts municipal ordinances involving abuse of ranching dogs. The bill returns to the House, which can concur with or reject the bill as amended by the Senate. If Regular Council Meeting - April 17, 2012 - Page 104 of 108 League of Arizona Cities and Towns - Legislative Bulletin Page 3 of 6 approved, the bill moves to the Governor for her signature or veto. If rejected, a conference committee will be appointed to reconcile differences between the House and Senate versions of the bill. Alarm installation On Tuesday, April 3, the Senate passed HB 2748 (NOW: alarm business; alarm agent; certification) by a vote of 21 -7. The measure provides for the establishment of a statewide certification requirement for alarm businesses and alarm agents, and preempts further local regulation of alarm installation. The amended measure returned to the House, where the sponsor chose to send the bill to a conference committee to make additional changes. On Thursday, April 4, the House appointed members to the conference committee; Senate appointments to the committee are pending. Public works notification On Tuesday, April 3, the Senate unanimously approved HB 2350 (NOW: cities; counties; regulations). The measure requires a municipality to post its capital improvement plan (CIP) on its website. Also under the legislation, a utility is entitled to receive, upon request, copies of the CIP, along with information on any new or accelerated projects. The League is neutral on the bill, which now awaits action by the Governor. Sales tax collection On Thursday, April 5, the Senate Committee of the Whole considered and passed HB 2466 (NOW: payment; local sales tax). The bill, which provides for the creation of an online portal for the direct remittance of taxes by taxpayers in self - collecting cities, was amended to clarify the role of the Department of Administration with respect to vendor procurement. The bill, which previously passed the House by a vote of 56 -0, now proceeds to its third reading in the Senate. Spirituous liquors On Thursday, April 5, the Senate passed HB 2606 (NOW: liquor; omnibus) by a vote of 24 -5 on reconsideration. (The measure passed the House last month by a vote of 47 -9.) Among other things, the bill, sponsored by Rep. J.D. Mesnard (R- Chandler), permits the State Liquor Board to consider municipal tax delinquencies in liquor license suspension and revocation proceedings. It further permits a city or town to use the average of the last five years of the Consumer Price Index (CPI) for fee increases (as opposed to just the previous year's CPI). Because the bill was amended in the Senate, it must now return to the House for the sponsor to concur with or refuse the Senate changes. Traffic control On Tuesday, April 3, the Senate passed HB 2557 (NOW: intersection; definition) by a vote of 17 -12. The bill redefines the definition of "intersection" in the transportation statutes to make it more difficult to cite drivers for red light violations. The bill, which arose as a strike - everything amendment in the Senate, now returns to the House for the sponsor to concur with or refuse the changes made by the striker. Political signs On Tuesday, April 3, the House passed SB 1200 (political signs; hazardous locations) by a vote of 33-25. The bill, sponsored by Senator Sylvia Allen (R- Snowflake), stipulates that a government agency must notify the owner of a political sign in writing if a particular sign is deemed to create a hazardous condition. It further provides that, for purposes of calculating the time frame for permissible sign installation, a primary election begins on the day that early ballots are first mailed out to voters. The bill next proceeds to the Governor for her signature or veto. Emergency response Regular Council Meeting - April 17, 2012 - Page 105 of 108 League of Arizona Cities and Towns - Legislative Bulletin Page 4 of 6 On Tuesday, April 3, the Senate passed HB 2094 (prepaid wireless E911 excise tax) by a vote of 20 -9. The bill was signed into law by Governor Brewer two days tater on Thursday, April 5. The legislation, sponsored by Rep. Bob Robson (R- Chandler), levies a tax of .8 percent on the retail sale of prepaid cell phone services to assist governmental entities with maintenance, operation and capital costs associated with the 9 -1 -1 system. Arizona currently levies a tax on all telecommunications services for this purpose. The tax, however, is currently collected only on monthly wired and wireless services. The League supports HB 2094 as a means to effect considerable improvement of Arizona's aging 9 -1 -1 system. Revenue allocation districts On Monday, April 2, the Senate Rules Committee passed HB 2469 (revenue allocation districts). The bill was discussed by both Senate caucuses that same day. The measure, sponsored by Rep. Rick Gray (R -Sun City), authorizes municipalities to form Revenue Allocation Districts, which can pledge increases in both property tax and sales tax revenue to secure bonds issued to benefit the district. The League supports the measure, which previously passed the House by a vote of 44 -13 and now heads to the Senate Committee of the Whole for further consideration. Government deposits On Wednesday, March 21, the Governor signed into law SB 1135 (government deposits). The bill, supported by the League and sponsored by Senator John McComish (R- Phoenix), had previously passed both the House and Senate by unanimous votes. The new taw authorizes municipalities to invest surplus funds and other monies not used for operating costs into federally insured savings deposit accounts through Insured Cash Sweep (ICS). ICS is a deposit placement service that allows for a depositor's funds to be swept from a transaction or checking account into savings accounts (interest - bearing money market accounts). ICS allocates the funds to accounts in banks throughout the country in amounts less than the Federal Deposit Insurance Corporation (FDIC) insurance maximum of $250,000 so that both principal and interest are eligible for FDIC insurance. Legislator profile - Senator Robert Meza The B -2 Spirit, commonly known as the Stealth Bomber, is an American aircraft featuring stealth technology designed for penetrating dense defenses. It is able to deploy both conventional and unconventional weapons. The plane's "tow observable' or "stealth" technology empowers it with the capability to penetrate an enemy's most sophisticated defenses to attack its most heavily defended targets. The bombers stealth is largely derived from its reduced radar signature, making it difficult for opposition defenses to detect, track and engage the aircraft. The aircraft is sophisticated, sleek and effective This brief description of the B -2 also applies to a secret weapon in the Democratic caucus of the Arizona Senate. Meet Robert Meza, Arizona's very own stealth Legislator. Unlike many of his colleagues, Senator Meza, a third - generation Arizonan representing Glendale and Phoenix, affirmatively shuns the spotlight. He prefers to operate largely behind the scenes and underneath the radar. "The Catholic nuns of my youth advised us to do good deeds but not become braggadocios," remembers Meza. "I learned that you can be a person of great action and accomplishment without the need for accolades or the limelight." He credits his powers of stealth for having helped engineer a number of legislative accomplishments, candidate Regular Council Meeting - April 17, 2012 - Page 106 of 108 League of Arizona Cities and Towns - Legislative Bulletin Page 5 of 6 victories and redistricting successes. With respect to many of these efforts, his involvement remains unknown to the public and his colleagues. Meza wears results - producing anonymity as something of a badge of honor. Meza's ascension to the Senate was made possible, in the first instance, by the migration of his forebears from Guadalajara to Arizona circa 1896. They came both to pursue opportunities in the United States and to escape civil war in Mexico. His ancestors were mostly laborers, miners and field workers. By the time Robert was born in St. Joseph's Hospital in Phoenix, his mother's side of the family had become highly educated and accomplished. Meza counts among his uncles a physicist, chemist and architect. His father, who hailed from a blue collar family, was a unionized sheet metal worker. The marriage produced three children, including Meza's older sister, Liz, and his younger brother, Michael. Determined to give their children every opportunity for a good education and rich life, the Mezas were the first Latino family to move into an otherwise all- Caucasian neighborhood. As a youth in the Alahambra Elementary School District, Meza was a soccer enthusiast, a gifted student and a mean trombone player. He went on to attend Bourgade Catholic High School in Phoenix. At Bourgade, Meza was captain of the track and tennis teams. Following high school, Meza was strongly considering college in California - either UCLA or Berkeley. He was heavily recruited by Notre Dame, however, so he went to South Bend to have a took. Visiting the campus, peopled by approximately 7,000 students, Meza was struck by its unusual warmth and beauty. He was captivated by the Golden Dome of the Virgin Mary, two campus lakes, the school's rich football tradition and the excitement of dormitory life. Meza chose to associate with the Fighting Irish and dove headlong into the Notre Dame experience without so much as a trace of homesickness. "My parents had prepared me to be on my own," he gratefully recollects. "I had been exposed to many cultures and environments. We traveled a great deal as a family, and I had been to band camp and traveled with an interscholastic track team. I was where 1 was supposed to be - a traditional coeducational Catholic school - and I embraced the experience." The young Meza found that there was no shortage of spiritual advisors or advice at Notre Dame. He regards Father John Jenkins, the 17th president of the university, as a "spiritual powerhouse." Meza admires how Jenkins demands that students take ownership of the school. He admonishes students that they are not guests at Notre Dame," Meza says. "Once a student walks onto campus, he owns that school." Taking stock of Meza's leadership qualities and his ability to bring people together, the fathers of Notre Dame recommended to Meza that he enter politics. Though he eventually took that advice, Meza regrets that he failed to heed another suggestion of his advisors. "They thought that I should study in South America," Meza recalls. "I went to Chile two years ago, and I immediately realized that I should have gone as a student. I was blown away by the country's majestic beauty, rich vineyards, and amazing people. I even had the opportunity to go horseback riding in the Andes with Pinochet's grandson." Upon graduation from college, Meza was offered a lucrative post with a bank in Chicago. He chose to repatriate to Arizona instead. Of 200 applicants for a position at First Interstate Bank, he was ranked number two. He took a job as a commercial lender for the bank and proceeded to master negotiating skills and the art of risk assessment. The bank was, he observes, a great training ground for politics. Meza left First Interstate in 1994 and immersed himself in Arizona politics, working on Sam Coppersmith's U.S. Senate campaign as the volunteer coordinator. Following Coppersmith's loss to Jon Kyt, Meza went to work as a fundraiser for the Muscular Dystrophy Association, where he shattered fundraising records for the organization. From MDA, he took his talents to the Phoenix Little Theater, where he doubled the amount of donations to the theater in less than three years. After his stint with PLT, he subcontracted as a professional fundraiser with various Regular Council Meeting - April 17, 2012 - Page 107 of 108 League of Arizona Cities and Towns - Legislative Bulletin Page 6 of 6 non - profit groups, and he made more time for politics. Showing great leadership potential since his early youth, Meza served as his class president throughout elementary school, the treasurer of his high school and president of his dormitory in college. Consequently, when he was encouraged to run for a seat in the House in 2002, he was well - prepared. Having never lost an election, he began his first legislative campaign as the decided underdog. Emerging from the Democratic primary with 700 more votes than a friend who was also running, Meza earned a seat alongside Debbie McCune Davis, who moved to the Senate in 2006. In 2010, Senator McCune Davis and Representative Meza switched legislative seats and accompanying titles. Having served on both sides of the Capitol plaza, Meza confesses that he prefers the upper chamber. It is less complicated in the Senate. There's less havoc, and you can get more done." A fierce advocate for local government authority, Meza believes that legislative interference in municipal affairs is unwarranted. The State should stay out of city and town affairs," he explains. "Great cities cannot be micromanaged. To become a premier city, a municipality needs authority, flexibility and maneuverability. If we keep going after cities, we'll end up destroying them." With a quick wit, piercing eyes and curious mind, Meza engages people with penetrating intensity. He is a pronounced spiritualist and keen student of human nature. Presently, he is completing the process of conversion to Judaism. "I have always identified with the Jewish people," he explains. "Persecuted and abused, they are ever creating new paradigms - often having to operate below the radar." Senator Meza did recently abandon his stealthy ways as a competitor in the annual "Dancing with the Stars" fundraiser of the Arizona Kidney Foundation. The athletic Meza (a committed tennis playing, weightlifting cyclist) tripped the light fantastic all the way to first place in the gentleman's division. Moreover, he raised $47,000 for the foundation. Endowed with a sixth sense that serves him well, Meza apprehends that enormous universal shifts are underway. "Karma is moving in a better direction," he observes. He opines that positive energy is slowly and quietly pervading the third rock from the sun - perhaps in much the same way that the subtle influence of Arizona's stealth senator is taking root in Meza's own beloved state and community. Legislative Bulletin is published by the League of Arizona Cities and Towns. Forward your comments or suggestions to league @azleague.org. Regular Council Meeting - April 17, 2012 - Page 108 of 108