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Home My WebLink About06/05/2012 Council Agenda Packeti i MARANA MARANA TOWN COUNCIL Regular Council Meeting for June 05, 2012 - REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, June 5, 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 courtesv to others, ulease turn off or uut in silent mode all ua2ers and cell uhones. 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 - June 5, 2012 - Page 1 of 126 special services are available upon prior request to the Town Clerk at least 10 working days prior to the Council meeting. Agendas Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online at www.marana.com by linking to the Town Clerk page under Agendas, Minutes and Ordinances. For questions about the Council meetings, special services or procedures, please contact the Town Clerk, at 382-1999, Monday through Friday from 8:00 a.m. to 5:00 p.m. Posted no later than Monday, June 04, 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 MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS PRESENTATIONS CONSENT AGENDA The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion will approve all items on the Consent agenda, including any resolutions or ordinances. A Council Member may remove any issue from the Consent agenda, and that issue will be discussed and voted upon separately, immediately following the Consent agenda. Regular Council Meeting - June 5, 2012 - Page 2 of 126 C 1: Resolution No. 2012 -29: Relating to Personnel; approving and adopting amendments to the Town's Personnel Policies and Procedures, revising Chapter 1 - General Employment Rights and Responsibilities, Section 1 -1 -3 "Equal Employment Opportunity Program" (Suzanne Machain) C 2: Resolution No. 2012 -30: Relating to Personnel; approving and adopting amendments to the Town's Personnel Policies and Procedures, revising Chapter 2 - Employment Process (Suzanne Machain) C 3: Relating to Personnel; consideration of proposed amendments to the Town's Personnel Policies and Procedures, revising Chapter 3 - Compensation, Policy 3 -3 "Classification Plan" and Policy 3 -9 "Adjustments to Pay" (Suzanne Machain) C 4: Resolution No. 2012 -31: Relating to the Police Department; exempting undercover vehicles used by the Marana Police Department in felony investigations or activities of a confidential nature from Arizona state laws related to the designation of political subdivision motor vehicles; authorizing the Chief of Police to renew existing vehicle registrations for these undercover police vehicles and to obtain vehicle registrations for new undercover police vehicles to be used in felony investigations or activities of a confidential nature (Terry Rozema) C 5: Resolution No. 2012 -32: Relating to Administration; approving the transfer of $65,768 in budgeted expenditure authority from the General Fund contingency line item to the wages and benefits line items within various Town departments (Erik Montague) C 6: Resolution No. 2012 -33: Relating to Development; approving and authorizing a development plan for Encantada at Dove Mountain Apartments. (Kevin Kish, AICP) C 7: Resolution No. 2012 -34: Relating to Development; approving a final plat for Los Saguaros at Dove Mountain, Lots 1 -133. (Kevin Kish, AICP) C 8: Resolution No. 2012 -35: Relating to Animal Control; approving and authorizing the Mayor to execute an intergovernmental agreement with Pima County for the provision of animal control services within the Town of Marana (Jane F airall) C 9: Minutes of the May 15, 2012 regular meeting (Jennifer Mangialardi) LIQUOR LICENSES L 1: Relating to Liquor Licenses; recommendation to the state liquor board regarding a new Series 10 (Beer and Wine Store) liquor license application submitted by Clare Hollie Abel on behalf of Wal -Mart Market #3142, located at 3900 W. Ina Road. (Jocelyn C. Bronson) BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION A 1: Relating to support for the Pima County Sports and Recreation Authority (Tom Ellis) Regular Council Meeting - June 5, 2012 - Page 3 of 126 ITEMS FOR DISCUSSION /POSSIBLE ACTION D 1: Relating to o 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 1103 8 1; (2) the lawsuit entitled Pima County v. Town of Marana, Pima County Superior Court No. 020116094; and (3) pending legal issues, settlement discussions and contract negotiations relating to the transition of Marana wastewater collection and treatment to the Town of Marana FUTURE AGENDA ITEMS 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 - June 5, 2012 - Page 4 of 126 i i MARANA 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, June 5,2012,7:00 PM To: Mayor and Council Item C 1 From: Suzanne Machain, Human Resources Director Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2012 -29: Relating to Personnel; approving and adopting amendments to the Town's Personnel Policies and Procedures, revising Chapter 1 - General Employment Rights and Responsibilities, Section 1 -1 -3 "Equal Employment Opportunity Program" Discussion: The attached amendments to Chapter 1 of the Town's Personnel Policies and Procedures were first considered during the May 15, 2012 Mayor and Council regular meeting on the consent agenda. At that time, the Mayor and Council directed staff to return the policy amendments for final adoption at the June 5, 2012 regular meeting. Financial Impact: none ATTACHMENTS: Name: Description: Type: ❑ Resolution 2012 -29 chapter 1.doc Resolution No 2012 -29 Chapter 1 Policies Cover Memo ❑ Chapter 1 Proposed Amendments.DOC Personnel Policy Chapter 1 Revisions Exhibit Staff Recommendation: Staff recommends approval of the policy amendments as presented. Suggested Motion: I move to adopt Resolution No. 2012 -29, approving and adopting amendments to the Town's Personnel Policies and Procedures, revising Chapter 1 - General Employment Rights and Responsibilities, Section 1 -1 -3 "Equal Employment Opportunity Program." Regular Council Meeting - June 5, 2012 - Page 5 of 126 MARANA RESOLUTION NO, 2012-29 RELATING TO PERSONNEL; APPROVING AND ADOPTING AMENDMENTS TO THE TOWN'S PERSONNEL POLICIES AND PROCEDURES, REVISING CHAPTER 1 - GENERAL EMPLOYMENT RIGHTS AND RESPONSIBILITIES, SECTION 1- 1 -3 "EQUAL EMPLOYMENT OPPORTUNITY PROGRAM" WHEREAS Section 3 -3 -3 of the Marana Town Code provides that the Town Council may adopt personnel rules, regulations and policies that follow the generally accepted principles of good personnel administration and which may be modified or changed from time to time; and WHEREAS the Town Council adopted Personnel Policies and Procedures via Town of Marana Ordinance 99.12 and Resolution 99-38 on May 18, 1999; and WHEREAS Ordinance 99.12 and Resolution 99-38 provide that the Town Council may amend and revise the Town's Personnel Policies and Procedures after any proposed amendments have been submitted to the Council for consideration at a previous Council meeting; and WHEREAS Town staff presented proposed amendments to Chapter 1 of the Town's Personnel Policies and Procedures at its May 15, 2012 meeting; and WHEREAS the Council finds that adoption of the amendments to Chapter 1 of the Town's Personnel Policies and Procedures is in the best interests of the Town and its employees. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. Chapter 1 of the Town's Personnel Policies and Procedures, entitled "General Employment Rights and Responsibilities" is hereby amended as set forth on Exhibit A attached to this resolution. SECTION 2. The Town's manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the aforementioned amendments. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 5 day of June, 2012. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Reg ul% -q&n��d2 -Page 6 of 126 JF 5/24/12 P�=%Mq "VIINN M TOWN OF M ARANA CHAPTER 1 GENERAL EMPLOYMENT RIGHTS AND RESPONSIBILITIES Policy 1 -1 EQUAL EMPLOYMENT OPPORTUNITY The Town of Marana provides equal employment opportunities to all employees and applicants for employment without regard to race, color, religion, sex, national origin, age, disability or status as a Vietnam era or special disabled veteran in accordance with applicable federal laws. Section 1 -1 -1 Non - Discrimination The Town complies with applicable state laws governing non - discrimination in employment. This policy applies to all terms and conditions of employment, including but not limited to, hiring, placement, promotion, termination, layoff, recall, transfer, leaves of absence, compensation and training. A. Reasonable Accommodation The Town also provides equal treatment for disabled employees who can perform with accommodation the essential tasks of the position that are bona fide occupational qualifications of the position when such accommodations do not impose an undue hardship on the Town. B. Affirmative Action To further the principle of equal employment opportunity for all, the Town has implemented an affirmative action program for minorities and women, individuals with disabilities and Vietnam era and special disabled veterans. Section 1 -1 -2 Consequences of Prohibited Conduct Violations of this policy may be cause for the full range of disciplinary action, up to and including termination. Section 1 -1 -3 Equal Employment Opportunity Program The Equal Opportunity Officer shall undertake the following actions to ensure equal employment opportunities in the Town: A. Periodically review all position qualifications and descriptions to ensure requirements are relevant to the tasks to be performed and make recommendations as needed to delete requirements not reasonably related to the tasks to be performed. Reg {00030142.DOC / 2) - filar Council Meeting - June 5, 2012 - Page 7 of 126 P�=%Mq 11VIINN M TOWN OF M ARANA CHAPTER 1 GENERAL EMPLOYMENT RIGHTS AND RESPONSIBILITIES B. Ensure that pay and benefits depend upon position responsibility and, along with overtime work, are administered on a non - discriminatory basis. C. Inform and provide guidance to staff and management personnel who make hiring decisions so that all applications for selections, promotion and termination, including those of minorities and women, are considered without discrimination and all applicants be given equal opportunity regardless of race, color, national origin, sex, age, disability or status as a Vietnam era or special disabled veteran in accordance with applicable federal law. D. Create a pool of qualified candidates to encourage diversity and ensure equal employment opportunity in hiring. The following recruitment practices f �� ' ry efb- will be followed under the Equal Employment Opportunity officer's direction: 1. Positions selected for an external competitive recruitment process will be f , open for a minimum of 4-0 five working days. 2. Positions selected for an external competitive recruitment process shall 1'Fi'gJt be advertised to the broadest audience available and appropriate for the position. E. Provide orientation for new employees that specifically emphasizes how the Town assures equal opportunity and encourages all employees to avail themselves of equal employment services. F. Distribute the Equal Employment Opportunity Policy to employees, contractors and suppliers. G. Include an equal employment opportunity phrase on applications and job announcements. Section 1 -1 -4 Program Responsibility The Human Resources Director shall serve as the Equal Opportunity Officer to carry out the Equal Employment Opportunity Policy and Program. A. The Equal Employment Opportunity Officer shall be the focal point for the Town's equal opportunity efforts and shall advise and assist staff and management personnel in all matters regarding implementation of and compliance with the Equal Employment Opportunity Policy and be responsible for the successful execution of the program, utilizing the assistance of appropriate state and community agencies. Reg {00030142. DOC / 2) 1 - filar Council Meeting - June 5, 2012 - Page 8 of 126 P�=%Mq 11VIINN M TOWN OF M ARANA CHAPTER 1 GENERAL EMPLOYMENT RIGHTS AND RESPONSIBILITIES B. The Equal Employment Opportunity Officer will have the responsibility to examine existing internal policies or procedures that may serve as barriers to implementing the Equal Employment Opportunity Program. Section 1 -1 -5 Anti - Harassment Policy The Town of Marana strictly prohibits any form of unlawful employee harassment based on race, color, religion, sex, national origin, age, disability, status as a Vietnam era or special disabled veteran or status in any group protected by federal, state or local law. Improper interference with the ability of the Town's employees to perform their expected job duties will not be tolerated. Each member of management is responsible for creating an atmosphere free of discrimination and harassment, sexual or otherwise. Further, employees are responsible for respecting the rights of their co- workers. With respect to sexual harassment, the Town prohibits the following: A. Unwelcome sexual advances, requests for sexual favors and all other verbal or physical conduct of a sexual or other offensive nature, especially where: 1. Submission to such conduct is made either explicitly or implicitly a term or condition of employment; 2. Submission to or rejection of such conduct is used as the basis for decisions affecting an individual's employment; or 3. Such conduct has the purpose or effect of creating an intimidating, hostile or offensive work environment. B. Offensive comments, jokes, innuendoes, and other sexually oriented statements. Examples of the types of conduct expressly prohibited by this policy include, but are not limited to, the following: 1. Touching, such as rubbing or massaging someone's neck or shoulders, stroking someone's hair or brushing against another's body; 2. Sexually suggestive touching; 3. Grabbing, groping, kissing, fondling; 4. Violating someone's "personal space " ; 5. Lewd, off - color, sexually oriented comments or jokes; Reg {00030142. DOC / 2) 1 - lar Council Meeting - June 5, 2012 - Page 9 of 126 P�=%Mq 11VIINN M TOWN OF M ARANA CHAPTER 1 GENERAL EMPLOYMENT RIGHTS AND RESPONSIBILITIES 6. Foul or obscene language; 7. Leering, staring or stalking; 8. Suggestive or sexually explicit posters, calendars, photographs, graffiti, cartoons; 9. Sexually oriented or explicit remarks; 10. Questions about one's sex life or experience; 11. Repeated requests for dates. Section 1 -1 -6 Plan for Harassment Prevention and Elimination A. Education The Human Resources Director shall be responsible for formally notifying all employees, Department Heads, elected or appointed officials, volunteers, and contractors /vendors of the existence of this policy. The Human Resource Director shall periodically conduct training on the topic of offensive behavior /harassment, and attendance will be mandatory for all employees and will be offered to elected or appointed officials and others. B. Implementation The Town Manager and the Department Heads are responsible for creating a productive work environment in which offensive conduct or harassment is completely out of place; taking immediate and appropriate corrective action in response to any confirmed violation of this policy; and assuring that no reprisals are taken against those who complain or against corroborating witnesses. C. Enforcement The Town is committed to thoroughly investigate each complaint and take immediate and appropriate corrective action on all confirmed violations of this policy. The Human Resources Director is responsible for auditing the operation of this policy, providing Reg {00030142. DOC / 2) 1 - filar Council Meeting - June 5, 2012 - Page 10 of 126 P�=%Mq 11VIINN M TOWN OF M ARANA CHAPTER 1 GENERAL EMPLOYMENT RIGHTS AND RESPONSIBILITIES Town Manager, Town Manager's Delegatee, or the appropriate Department Head is responsible for thoroughly investigating and resolving any complaints. Section 1 -1 -7 Reporting Possible Harassment A. If an employee experiences any job - related harassment based on sex, race, national origin, disability or other protected factor, or believes that he or she has been treated in an unlawful, discriminatory manner, the incident should be reported promptly to a Department Head, the Human Resources Director or the Town Manager, who will investigate as necessary to determine the cause of the complaint and work with the employee to affect an equitable solution. Every effort shall be made to resolve the difficulty at the lowest level practicable. The complaint will be kept confidential to the maximum extent practicable. B. All other employees, including supervisors, managers or directors, who become aware of possible harassment of an employee, either as a result of having received a complaint directly from the employee from any other reliable source of information, or from his or her personal observations, should report the situation to a Department Head, the Human Resources Director or the Town Manager. Section 1 -1 -8 Investigation A. The goal will be to investigate any such complaint promptly and thoroughly. B. If the Town determines than an employee has harassed another individual, appropriate disciplinary action will be taken against the offending employee, up to and including termination of employment. Section 1 -1 -9 No Reprisals A. No reprisals of any kind by any employee or manager shall be taken against an employee because that employee has asserted a complaint or against any witness because that individual has reported or has assisted in any way in the investigation of a harassment complaint. B. If, after investigating any complaint of harassment, the Town determines that the complaint is not bona fide and was not made in good faith or that an employee has provided false information regarding the complaint, disciplinary action may be taken against the individual who filed the complaint or who gave the false information, up to and including termination. Reg {00030142. DOC / 2) 1 - filar Council Meeting - June 5, 2012 - Page 11 of 126 P�=%Mq "VIINN M TOWN OF M ARANA CHAPTER 1 GENERAL EMPLOYMENT RIGHTS AND RESPONSIBILITIES Section 1 -1 -10 Option to Report to Outside Agency(ies) At the option of the employee, the services of the State of Arizona Department of Law Civil Rights Division or the federal Equal Employment Opportunity Commission may be requested at any time. Section 1 -1 -11 Employee Development The following actions shall be undertaken to achieve employee job satisfaction and fair treatment: A, Assure that there shall be no discrimination with regard to training and educational opportunities, upgrading, promotions, transfer and demotion, layoffs and termination of employees. Any actions that might adversely affect employees in accordance with state and federal law will be brought to the attention of the Equal Opportunity Officer. B. Actively encourage employees to increase their skills and job potential through training and educational opportunities. Offer guidance and counseling in developing programs tailored to individual aptitudes and desires, taking full advantage of programs offered by state and federal agencies and other appropriate programs. Section 1 -1 -12 Coordination with State and Federal Laws The Town recognizes its responsibilities to comply with and ensure that equal opportunity and non - discrimination policies of state or federal agencies with which it conducts business are carried out in compliance with Executive Order No. 11246. Section 1 -1 -13 Definitions A. Equal Employment Opportunity Policy: The commitment to ensure equal employment opportunity for all employees and appointed officials to the full extent of state and federal law. B. Equal Employment Opportunity Program: The written, results- oriented program specifically set forth in this policy detailing the steps to be taken to ensure equal employment opportunity. C. Equal Employment Opportunity Officer: That person designated by the Town Manager who is responsible for meeting the obligations and requirements of the Equal Employment Opportunity Policy and Program. Reg {00030142. DOC / 2) 1 - filar Council Meeting - June 5, 2012 - Page 12 of 126 i i MARANA 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, June 5,2012,7:00 PM To: Mayor and Council Item C 2 From: Suzanne Machain, Human Resources Director Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2012 -30: Relating to Personnel; approving and adopting amendments to the Town's Personnel Policies and Procedures, revising Chapter 2 - Employment Process Discussion: The attached amendments to Chapter 2 of the Town's Personnel Policies and Procedures were considered on the consent agenda during the May 15, 2012 Mayor and Council regular meeting. At that time, the Mayor and Council directed staff to return the policy amendments for final adoption at the June 5, 2012 regular meeting. Financial Impact: None ATTACHMENTS: Name: Description: Type: D Resolution 2012- 30 Chapter 2 r.DOC Resolution No 2012 -30 Chapter 2 Policies Cover Memo 0 00030133.DOC Personnel Policy Chapter 2 Revisions Exhibit Staff Recommendation: Staff recommends approval of the policy amendments as presented. Suggested Motion: I move to adopt Resolution No. 2012 -30, approving and adopting amendments to the Town's Personnel Policies and Procedures, revising Chapter 2 - Employment Process. Regular Council Meeting - June 5, 2012 - Page 13 of 126 MARANA RESOLUTION NO, 2012-30 RELATING TO PERSONNEL; APPROVING AND ADOPTING AMENDMENTS TO THE TOWN'S PERSONNEL POLICIES AND PROCEDURES, REVISING CHAPTER 2 - EMPLOYMENT PROCESS WHEREAS Section 3 -3 -3 of the Marana Town Code provides that the Town Council may adopt personnel rules, regulations and policies that follow the generally accepted principles of good personnel administration and which may be modified or changed from time to time; and WHEREAS the Town Council adopted Personnel Policies and Procedures via Town of Marana Ordinance 99.12 and Resolution 99-38 on May 18, 1999; and WHEREAS Ordinance 99.12 and Resolution 99-38 provide that the Town Council may amend and revise the Town's Personnel Policies and Procedures after any proposed amendments have been submitted to the Council for consideration at a previous Council meeting; and WHEREAS Town staff presented proposed amendments to Chapter 2 of the Town's Personnel Policies and Procedures at its May 15, 2012 meeting; and WHEREAS the Council finds that adoption of the amendments to Chapter 2 of the Town's Personnel Policies and Procedures is in the best interests of the Town and its employees. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. Chapter 2 of the Town's Personnel Policies and Procedures, entitled "Employment Process" is hereby amended as set forth on Exhibit A attached to this resolution. SECTION 2. The Town's manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the aforementioned amendments. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 5 day of June, 2012. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Reg ul% -�&n�bq -Page 14 of 126 JF 5/24/12 MAMA TOWN OF M ARANA CHAPTER 2 EMPLOYMENT PROCESS Policy 2 -1 HE1Qio'G0 0 NPQnG, RECRUITMENT Vacancies for regular and temporary, full- and part -time classified and unclassified positions may be filled by an external competitive recruitment process, an internal competitive recruitment p rocess or a non - competitive process. }r� or r.r�m� ro_omn lnwmon+ nr from omn lnlimon+ I �Jt�JhQC1 frir t The Human Resources Department and the hiring department will work together to develop recruitment and selection strateaies for each vacant position. The Human Resources Department is responsible for ensurina compliance with all applicable laws and policies regarding recruitment and shall conduct all recruitment processes. The hiring department is responsible for the selection of candidates. Section 2 -1 -1 Conditions of Employment The appointment, promotion and tenure of every Town employee shall be conditioned solely on merit and fitness and the satisfactory performance of the duties and responsibilities assigned. No employee or applicant shall be discriminated against on the basis of race, color, national oriain, reliaion, sex. disability, marital or familial status, veteran status or political affiliation. Section 2 -1 -2 External Competitive Recruitment Process A. Positions selected for an external competitive recruitment process may be publicized to the general public by advertisement in a newspaper of appropriate circulation, by posting announcements in Town facilities, through electronic means such as the Town's website, or by other methods as determined by the Human Resources Director or designee, with the aoal of reachina the broadest audience available. B. Positions will be open and applications accepted for a minimum of five working days. C. Any Town employee may apply for positions posted as external recruitments. Section 2 -1 -3 Internal Competitive Recruitment Process A. Positions selected for an internal competitive recruitment process may be publicized to Town employees by posting announcements in Town facilities, throuah electronic means such as the Town's website or Town e -mail, or by other methods as determined by the Human Resources Director or designee. B. Positions will be open and applications accepted for a minimum of five working days. 100030133.DOC / 2 }2 -1 5/4/12 Regular Council Meeting - June 5, 2012 - Page 15 of 126 MAMA TOWN OF M ARANA CHAPTER 2 EMPLOYMENT PROCESS C. Reaular emDlovees who have completed an initial evaluation period in any position with the Town may apply for positions posted as internal recruitments. Regular emDlovees who are servina in a second or subseauent initial evaluation period in a new position may also apply for positions posted as internal recruitments. D. Term - limited temporary emDlovees who meet all of the following criteria may apply for positions posted as internal recruitments. 1. The temporary employee must be emDloved directly with the Town and not throuah a temporary agency or under a contract; 2. The employee must have worked a minimum of 1040 hours in the temporary position; and 3. The employee must have completed a written application for the temporary position and that application must be on file in their official personnel file in the Human Resources Department. E. Short -term temporary emDlovees are not eligible to apply for positions posted as internal recruitments. Section 2 -1 -4 Non - Competitive Process A. The Town of Marana actively seeks a qualified, diverse workforce through competitive recruitment processes. The Town recognizes, however, that there may be situations in which a compelling justification exists to make a non - competitive selection. B. Non - competitive selections shall only be made with the approval of the Town Manager, C. All candidates selected throuah a non - competitive process must meet the minimum aualifications of the position in auestion. D. In all cases. the Human Resources Department and the hiring department shall document the circumstances of the non - competitive hire with a memorandum to the personnel file of the employee hired through the non - competitive process. E. The following circumstances may justify an appointment without a competitive recruitment process: 1. In an emergency situation in which failure to fill a vacancy would compromise the operations of the Town. the Town may temporarily hire someone to fill the position while it conducts a competitive search. 100030133.DOC / 2 }2 -2 5/4/12 Regular Council Meeting - June 5, 2012 - Page 16 of 126 MAMA TOWN OF M ARANA CHAPTER 2 EMPLOYMENT PROCESS 2. On rare occasions, the Town Manager may identify an individual whose expertise and skills are alianed with pressina Town needs or strategic priorities. When time and resources limit the Town's ability to competitively recruit such an individual, the hirina department and /or the Human Resources Department may recommend to the Town Manager that the individual be hired on a non - competitive basis. 3. Reaular employees who resian from Town service may be considered for re- employment without a competitive recruitment process in accordance with Policy 8 -4 of these Personnel Policies and Procedures. 4. In recognition of an employee's talents, contributions, and performance. the Town may appoint a current regular employee who has completed an initial evaluation period in any position with the Town or a term - limited temporary employee who has worked a minimum of 1040 hours to a regular or temporary position within the Town without conducting a competitive search. 100030133.DOC / 2 }2 -3 5/4/12 Regular Council Meeting - June 5, 2012 - Page 17 of 126 MAMA TOWN OF M ARANA CHAPTER 2 EMPLOYMENT PROCESS 100030133.DOC / 2 }2 -4 5/4/12 Regular Council Meeting - June 5, 2012 - Page 18 of 126 MAMA TOWN OF M ARANA CHAPTER 2 EMPLOYMENT PROCESS 100030133.DOC / 2 }2 -5 5/4/12 Regular Council Meeting - June 5, 2012 - Page 19 of 126 MAMA TOWN OF M ARANA CHAPTER 2 EMPLOYMENT PROCESS Policy 2-42 EMPLOYMENT APPLICATION Section 2 -42-1 Emnlovment Application €er+�s A. Applications shall be accepted for positions that are open. B. An applicant may apply for more than one position, provided that each position is open for applications. C. Application forms normally require information regarding training, work experience, other pertinent personal and employment information and employment references. Each applicant, including senior management, must submit a completed application. D. Each application must be signed by the person submitting the application and filed with the Human Resources Department. Applications submitted electronically via the Town's website may be signed electronically. All applications, together with accompanying materials, become the property of the Town. E. The employment process may require that applicants submit to a physical examination in compliance with the Americans with Disabilities Act and /or to fingerprint background investigations as defined in the Fingerprinting Policy. Section 2 -42-32 Rejection of Application The Town may reject any application that indicates that the applicant does not possess the minimum qualifications required for the position, has made any misstatement of any material fact or has practiced any deception or fraud in his /her application. 100030133.DOC / 2 }2 -6 5/4/12 Regular Council Meeting - June 5, 2012 - Page 20 of 126 MAMA TOWN OF M ARANA CHAPTER 2 EMPLOYMENT PROCESS Policy 2-53 EXAMINATION Selection techniques used by the Town are impartial, practical and job - related and are designed to determine the candidate's knowledge, skills and abilities for the position. The examinations used may include but are not limited to oral, written, performance, in- basket exercise or assessment center, physical /mental fitness and training /experience evaluations. In addition, evaluation of past work performance, work samples, personal interviews, and background investigations may be used in the selection process. Section 2-53 -1 Physical And Mental Fitness A. All applicants for Town employment shall be of sufficient mental and physical fitness to be able to perform the essential functions of the positions for which they have applied. The physical and mental fitness of individuals entering Town employment may be evaluated by physicians or employee assistance professionals approved by the Town. Current employees may be subject to medical examinations or inquiries when they are job - related and consistent with business necessity. B. Reasonable accommodation for a qualified individual with a disability shall be provided unless provision of such an accommodation would impose an undue hardship upon the Town. The physical and mental qualifications of entering or current employees with disabilities may be evaluated by physicians approved by the Town. C. Sworn police employees who belong to the Arizona Public Safety Retirement Plan must continue to meet the physical, mental, psychological and emotional requirements for their job classifications as defined by Police Department policy. Section 2-53 -2 Pre - Employment Drug Test Applicants selected for employment in safety sensitive positions will normally submit to a pre - employment drug test for illegal drugs. Any potential hire who tests positive for illegal drug use will be ineligible for employment with the Town. Section 2-53 -3 Test Development The examination contents are developed by the hiring department with assistance provided by the Human Resources Department. Examination contents are confidential, and unauthorized disclosure to any candidate is grounds for discipline. In certain situations, outside consultants may be contracted to assist with test development. 100030133.DOC / 2 }2 -7 5/4/12 Regular Council Meeting - June 5, 2012 - Page 21 of 126 MAMA TOWN OF M ARANA CHAPTER 2 EMPLOYMENT PROCESS Section 2-53 -4 Test Administration The testing process will be administered by the Human Resources Department unless otherwise designated to the hiring department. Section 2-53 -5 Reasonable Accommodation The Human Resources Department shall ensure that reasonable accommodations are made in test procedures so that persons with disabilities can be tested in an appropriate manner. 100030133.DOC / 2 }2 -8 5/4/12 Regular Council Meeting - June 5, 2012 - Page 22 of 126 MAMA TOWN OF M ARANA CHAPTER 2 EMPLOYMENT PROCESS Policy 2-4 PREFERENCES The Town shall follow state law with regard to hiring preferences for disabled individuals. veterans and spouses of veterans. °R�� ff rte °n WWI LI Ni°rl rri i�lif indil,id' 'Al W A H hili + r+ ��,^I°r7+ i °n Proof of eligibility for t ,liQWa"ty preference l° g., !irrn°rl r,hl,sir+i�s must be presented to the Human Resources Department at the time of application or examination. 100030133.DOC / 2 }2 -9 5/4/12 Regular Council Meeting - June 5, 2012 - Page 23 of 126 MAMA TOWN OF M ARANA CHAPTER 2 EMPLOYMENT PROCESS Policy 2-75 INTERVIEWING Interviews may be conducted to gather information specific to the candidate's ability to meet job requirements. Interviewers will prepare an appropriate process that relates to the applicant's ability to meet educational, technical and other requirements of the position to be filled. The focus of the interview will normally be on the applicant's work and pertinent non -work experience. Section 2-75 -1 Interview Process A. The Human Resources Department shall coordinate the interview process unless otherwise designated to the hiring department. B. An interview panel will be selected and confirmed by the Human Resources D r_izr_t Department with input by the hiring department. The panel shall generally consist of personnel who have expertise with the technical elements of the position and a personnel expert. Relatives or personal friends of the applicants will be excluded from serving on the panel. Reasonable accommodations shall be made for disabled applicants to allow participation in the interview process. C. The n ° °' m°n+ u18,a hiring department and the Human Resources Department shall be responsible for the development of interview questions and standards for measurement of candidate responses. 1. Consistency will be maintained in the questions asked of all candidates. 2. The questions must be job related. 3. Questions that pertain to race, religion, sex, marital status or other protected classes or other inquiries that directly or indirectly disclose such information are prohibited. 4. Inquiries about an applicant's ability to read, write or speak foreign languages are permitted when such inquiries are based on job requirements. 5. The Human Resources Department sts.%aff 1 m provide the interview panel with copies of the applications of final candidates prior to the interview, along with proposed interview questions and a schedule of interviews. Human Resources Department staff will RGFM meet with panel members prior to the interview for an orientation on appropriate interview and assessment techniques needed to evaluate each candidate objectively on an as- needed basis. 6. Each panel member will score the candidates independently. 100030133.DOC / 2 }2 -1 O 5/4/12 Regular Council Meeting - June 5, 2012 - Page 24 of 126 MAMA TOWN OF M ARANA CHAPTER 2 EMPLOYMENT PROCESS 7. Following the interview, interview results and Department the interview panel shall reach consensus and report the recommendations to the Human Resources 100030133.DOC / 2 }2 -1 1 5/4/12 Regular Council Meeting - June 5, 2012 - Page 25 of 126 MAMA TOWN OF M ARANA CHAPTER 2 EMPLOYMENT PROCESS Policy 2-86 REFERENCE CHECK It is the policy of the Town to carefully investigate the backgrounds of all prospective applicants selected for employment to ensure that the relevant facts about an applicant's employment history and personal background have not been misstated, either on the employment application or resume or during the job interview. Section 2-86 -1 Procedure A. After an applicant has been selected for employment, the Human Resources staff will conduct employment verification and reference checks on the applicant. Parts of the reference check may be delegated to the hiring department. B. Police personnel will conduct an employment verification and reference check as part of its process of qualifying p olice Department candidates before selection. C. Certain safety- sensitive positions may be designated by the Human Resources Department to undergo a thorough background check by the Police Department. D. Applicants are required to sign a release authorizing the respective employer or educational institution to release the appropriate information to the Town. E. Results of the reference check and /or background check will help determine the applicant's fitness for the position. 100030133.DOC / 2 }2 -12 5/4/12 Regular Council Meeting - June 5, 2012 - Page 26 of 126 MAMA TOWN OF M ARANA CHAPTER 2 EMPLOYMENT PROCESS 12.� ?- �VPTPPAKI'c 12 � _ FF� h� %w .. -, - - -- _- -- - - - - - - - - - _ - {00030133.DOC / 2 }2 -13 5/4/12 Regular Council Meeting - June 5, 2012 - Page 27 of 126 MAMA TOWN OF M ARANA CHAPTER 2 EMPLOYMENT PROCESS Policy 2 7 SELECTION AND OFFER The hirina department is responsible for the selection of candidates. ee vv oil ho fnMAfArdPd tn thia TnUfn UAnAm Qr fnr finAl 'r,r,r iA1 tn The Human Resources Department is responsible for contacting the successful candidate and extending an offer. 100030133.DOC / 2 }2 -14 5/4/12 Regular Council Meeting - June 5, 2012 - Page 28 of 126 MAMA TOWN OF M ARANA CHAPTER 2 EMPLOYMENT PROCESS 100030133.DOC / 2 }2 -15 5/4/12 Regular Council Meeting - June 5, 2012 - Page 29 of 126 MAMA TOWN OF M ARANA CHAPTER 2 EMPLOYMENT PROCESS Policy 2 8 FINGERPRINTING Section 2 8 -1 Affected Positions Candidates for employment in the following positions shall, as a condition of hire, furnish a full set of fingerprints on a standard fingerprint card to the town. A. % A QAfiQ And hfQplth�l 1=111 Positions in which the employees_' job duties include unsupervised contact with minor children r ho r+rmrlo . B. Parks and recreation department positions in which the employees work directly with children under the age of 18 or vulnerable adults. For purposes of this policy. "vulnerable adult" shall be defined as set forth in the Marana Town Code. C. All police department positions. D. Positions in the Marana Municipal Court, in accordance with any applicable Arizona Supreme Court administrative orders or directives. Section 2 -8 -2 Procedures 4-A. All fingerprints furnished pursuant to this policy shall be submitted to the Arizona Department of Public Safety through the Marana Police Department. The Arizona Department of Public Safety is authorized to exchange this fingerprint data with the Federal Bureau of Investigation pursuant to A.R.S. § 41 -1750 and Public Law 92 -544 for the purpose of obtaining state and federal criminal history record information. 2-B. The results of the criminal history record information checks ^n finn +� shall be provided to and maintained by the Human Resources Department direr t and QhA11 ho Igor,+ nrnfirJon +i�l W, C. Criminal history record information obtained by the Town pursuant to this policy shall be used only for the purpose of evaluating the fitness of prospective employees. The town shall comply with all relevant state and federal rules and reaulations regarding the dissemination of criminal history record information. 100030133.DOC / 2 }2 -1( 5/4/12 Regular Council Meeting - June 5, 2012 - Page 30 of 126 MAMA TOWN OF M ARANA CHAPTER 2 EMPLOYMENT PROCESS Section 2 -8-23 Failure to Comply A. Any potential employee who is subject to the requirements of this policy and who fails to agree to be fingerprinted shall not be offered employment with the Town. B. Any current employee who is subject to the requirements of this policy who fails to agree to be fingerprinted shall be subject to immediate termination. Tormina+i„n of A n 11 111 I WN Termination of an employee under this section supersedes the progressive discipline policies in the Discipline System Policy. 100030133.DOC / 2 }2 -17 5/4/12 Regular Council Meeting - June 5, 2012 - Page 31 of 126 MAMA TOWN OF M ARANA CHAPTER 2 EMPLOYMENT PROCESS Policy 2 9 EMPLOYEE ORIENTATION All new regular full -time and regular part -time employees will be scheduled +„ mizwz+ IAlo 61 irY,�r, for general orientation. Each employee will be provided with information on employee benefits and Town policies. Human Resources will distribute and explain the benefits enrollment forms and their completion deadlines. Section 2 9 -1 Citizenship All newly hired employees must present evidence of United States citizenship or registration as a legal alien at the time of orientation in accordance with the Immigration Reform and Control Act of 1986 and the Legal Arizona Workers Act. All law enforcement applicants must be United States citizens. Section 2 9 -2 Loyalty Oath All Town employees 8XG ,+ +omr,�r�ri orY,r,lewee,-, shall take the oath or affirmation as prescribed by state law at the time of orientation. Section 2 9 -3 Hiring Department Responsibilities The hiring department provides additional information, including: A. Work standards and regulations; B. Hours of work, time s sheets /Davroll records leave requests; C. Description and duties of the position; D. Safety rules and procedures, location of safety or protective equipment; E. Tour of the work area, including location of equipment, supplies, etc. and the procedures for use of the work area materials; F. Introduction to co- workers; G. Schedule for lunch and breaks; H. When and to whom to report absence from work; I. Who is responsible for performance planning and review. 100030133.DOC / 2 5/4/12 Regular Council Meeting - June 5, 2012 - Page 32 of 126 MAMA TOWN OF M ARANA CHAPTER 2 EMPLOYMENT PROCESS Section 2 9 -4 Date of Hire /Length of Service Anniversary Date of hire shall mean the effective starting date of the individual's employment with the Town to determine length of service. 100030133.DOC / 2 }2 -19 5/4/12 Regular Council Meeting - June 5, 2012 - Page 33 of 126 MAMA TOWN OF M ARANA CHAPTER 2 EMPLOYMENT PROCESS 100030133.DOC / 2 }2 -20 5/4/12 Regular Council Meeting - June 5, 2012 - Page 34 of 126 MAMA TOWN OF M ARANA CHAPTER 2 EMPLOYMENT PROCESS 100030133.DOC / 2 }2 -21 5/4/12 Regular Council Meeting - June 5, 2012 - Page 35 of 126 MAMA TOWN OF M ARANA CHAPTER 2 EMPLOYMENT PROCESS Policy 2-4 EMPLOYEE IDENTIFICATION CARDS It is the policy of the Town of Marana to issue I v nle electronic access identification cards to all regular full -time and regular part -time employees. Cards may also be issued to other Town officials who may require Town identification or facility access while working or representing the Town. The u. ,m'r Q °S ^, , r G°s Technology Services Department is responsible for the issuance of electronic access identification cards. The Police Department may issue its own department identification card in lieu of or in addition to the Town identification card. Section 2- X4 -1 Issuance, Use and Return of Card A. The card shall be carried at all times when an employee is acting in an official capacity. The card shall be used as identification if requested by a member of the public or another Town employee. B. Unauthorized or inappropriate use of the employee identification card is prohibited and will result in disciplinary action. C. It is the employee's responsibility to ensure accurate and timely updates of information contained on the employee identification card. D. Each employee is responsible for possession of the identification card and to take care to protect it from loss, theft or misuse. Employees shall report all I N +h r��rrJ lost, sto len. damaged of or destroyed electronic access identification cards it ;G +h° WWvWI r°Wr. ^r iW o h m i 0 ty o f +h° °rY nlev°° to their Department Head and to the 611 IMP14 Q °C^1 1r% °C Technology Services Department so that it can be replaced. E. All cards remain the property of the Town and shall be returned to the employee's Department Head or to the Human Resources Department upon termination of employment or upon special request by the employee's Department Head or the Human Resources Department. 100030133.DOC / 2 }2 -22 5/4/12 Regular Council Meeting - June 5, 2012 - Page 36 of 126 i i MARANA 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, June 5,2012,7:00 PM To: Mayor and Council Item C 3 From: Suzanne Machain, Human Resources Director Strategic Plan Focus Area: Not Applicable Subject: Relating to Personnel; consideration of proposed amendments to the Town's Personnel Policies and Procedures, revising Chapter 3 - Compensation, Policy 3 -3 "Classification Plan" and Policy 3-9 "Adjustments to Pay" Discussion: The attached proposed personnel policy amendments reflect changes related to the Town's classification plan and the administration of certain types of pay. A discussion of the substantive changes to the policy follows. Classification Plan Amendments From time to time, amendments to the classification plan are required including classification title changes, abolition of obsolete classifications and the creation of new classifications. These types of actions are considered administrative in nature, and the proposed amendments would allow the Town Manager to approve these changes in place of bringing these administrative matters to the Mayor and Council for approval. Adjustments to Pad The current personnel policy describes ways in which an employee may be moved to a lower classification (i.e. demotion); including reasons of reorganization, reclassification or reduction in force; or due to performance issues or disciplinary action. The policy doesn't describe a situation whereby an employee may voluntarily step down into a lower position. The proposed amendments provide that in such a case, the Human Resources Department, in consultation with the hiring authority, shall extend the employee a salary offer within the new lower salary grade and the employee may decide to accept the offer and transfer or to reject the offer and remain in his /her current position and pay. Special Assignment Pay Current policy places time restrictions on the ability to grant a special assignment to an employee with additional pay (i.e. 6 months, with one extension not to exceed an additional 6 months). From time to time, the Town has need to assign employees to special assignments for longer periods of time. The proposed amended policy would allow the Town to determine the number, type and duration of any special assignment. Requests for such assignments must be in writing and require approval of the Human Resources Director and the Town Manager. Special assignments are not an entitlement and may be granted and removed without the right of appeal. Regular Council Meeting - June 5, 2012 - Page 37 of 126 Other changes included throughout Chapter 3, Policies 3 -3 and 3 -9 are simply clean -up work and not considered substantive. ATTACHMENTS: Name: Description: Type: 0 00030143.DOC Personnel Policy Chapter 3 Redlined Revisions Exhibit Staff Recommendation: Staff recommends that the proposed policy amendments be brought back for consideration and adoption by the council at the June 19, 2012 council meeting. Suggested Motion: I move to direct staff to return with the proposed amendments to Chapter 3 (Compensation) of the Town's Personnel Policies and Procedures as presented for final consideration and adoption at the June 19, 2012 Council meeting. Regular Council Meeting - June 5, 2012 - Page 38 of 126 MAMA TOWN OF M ARANA CHAPTER 3 COMPENSATION Policy 3 -3 CLASSIFICATION PLAN The Town Manager shall ensure the preparation, development and maintenance of a classification plan consisting of descriptions of positions defined by essential duties, qualifications, knowledge, skills and abilities characteristic of the positions. Section 3 -3 -1 Purpose The classification plan shall be developed and maintained so that all positions substantially similar with respect to duties, responsibilities, authority and character of work are similarly classified A.Ra and positions substantially different in scope and complexity are appropriately classified aR� r+.,rr,rm°r,r• %t. e rd . Section 3 -3 -2 Plan Amendment All amendments to the classification plan includina classification title changes abolition of obsolete classifications, and the creation of new classifications . require the approval of the Town Manager. All Am ill Illi'lllll 111111111 111111 111' -- - - -- -- - - - - - -- - - - -- - alms M". 111 11,111 M Section 3 -3 -3 Position Classification A. Position classifications shall be maintained by the Human Resources Department for all r ° rr i ilAr fi III_ + rJ im° an r,ar+_ positions h° r %-. f. 4 s - sifi °rJ °nrl i r w-- % Q F % Q rJ ifi ° s °r.iin ° B. Position classifications are descriptive only and are not restrictive in nature. The omission of specific duties from a position classification does not exclude those duties from the position if the work is related or a logical assignment to the position. Supervisors may assign different tasks to a position within a classification when the duties are similar in type and responsibility to those described in the classification description. C. The classification description does not constitute an employment agreement between the Town and employee and is subject to change as the needs of the Town and the requirements of the job change. D. When the duties or responsibilities of a position have changed significantly, the Town Manager will ensure that the position is reclassified accordingly. {00030143.DOC / 3 { 5/9/12 Regular Council Meeting - June 5, 2012 - Page 39 of 126 MAMA TOWN OF M ARANA CHAPTER 3 COMPENSATION Section 3 -3 -4 Position Classification Review Whenever a reorganization, change in job content or Town Council action causes the duties of a position to change or creates the need for a new classification , or a position otherwise appears to have been incorrectly classified, the Town Manager may reclassify the position to a more appropriate classification. A. The Town Manager, in consultation with the Human Resources Director, shall establish % A nir°r++ii,° n, i+Iininr+ the process for review of a specific position classification and for review of the classification plan as a whole. B. If there has been a significant change or a gradual accretion of duties and responsibilities over the period of one year, an °mnleyee, a Department Head or the chain of authority above the level of Department Head may submit a written request to the Human Resources Department to determine if a review of the position is warranted. Such review shall require the completion of a position description questionnaire. C. When there is any substantial change, addition, or deletion to the duties assigned to a position, the Department Head or the chain of authority above the level of Department Head, where applicable, will provide a completed position description questionnaire to the Human Resources Department -- - -- KWJ R 'I LWA III IIIIIII Ill Ill RW I - I li - - - - - - - - - - - - - - - l o w -N.Y.6i WW M � " I nl � 01 LWAl 10 L-2411� 2 01 LW-A M M 0�� W"IMMWIIIIIWILW3MMLWAq '11 dim ilk A IN - - - L - AA - - - - - - - _ .■ Implementation of a reclassification and any related pay change shall be prospective and is effective when the classification is approved by the Town Manager. Any pay increase, if applicable, shall be subject to the limits on pay increases that govern pay upon promotion. F position classification review decision is not subject to appeal under the personnel action review procedures set forth in Chapter 5 of these Personnel Policies and Procedures. {00030143.DOC / 3 { 5/9/12 Regular Council Meeting - June 5, 2012 - Page 40 of 126 MAMA TOWN OF M ARANA CHAPTER 3 COMPENSATION Policy 3 -9 ADJUSTMENTS TO PAY Section 3 -9 -1 Promotion A. The Town encourages succession planning to develop in -house talent for promotional opportunities. Generally, promotions are made using a competitive recruitment process. With sufficient justification and the approval of the Human Resources Director, a competitive recruitment process may be restricted to internal applicants or with the approval of the Town Manager, waived entirely for promotional opportunities. Internal candidates who are selected for a promotional position must possess all of the minimum qualifications for the position upon hire, unless the Human Resources Director or designee approves an exception that allows the employee to attain a particular certification or other requirement as a condition of successful completion of the initial evaluation period. B. Upon promotion, an employee shall receive a pay increase of five percent above the employee's regular base rate of pay prior to the promotion or to the minimum level of the salary grade for the promotional position, whichever is greater. In extenuating circumstances, the Town Manager or designee may consider additional pay at the time of promotion; however, in no circumstance shall the promoted employee's rate of pay exceed the salaries of incumbents in the same or similar positions. Section 3 -9 -2 Demotion A. An employee may move to a position in a lower classification due to reorganization, reclassification or reduction in force. In these situations, the employee's salary shall be reduced to an amount that does not exceed the maximum of the new salary grade. If the employee's salary in the higher classification does not exceed the rate of pay for the new salary grade, the employee's salary may remain unchanged upon the recommendation of the Human Resources Director and approval of the Town Manager or designee. B. An employee may move to a position in a lower classification due to a voluntary transfer, i.e.. the employee applies for and is selected for a position in a lower classification. In these situations. the Human Resources Department, in consultation with the hiring department, shall extend the employee a salary offer within the new lower salary grade and the employee may decide to accept the offer and transfer or to reject the offer and remain in the employee's current position in the higher classification. 9 An employee may move to a position in a lower classification due to performance issues or disciplinary action. In these situations, the employee's salary shall be reduced by the percentage difference between the mid -point of the higher classification salary grade and the mid -point of the lower classification salary grade. {00030143.DOC / 3 { 5/9/12 Regular Council Meeting - June 5, 2012 - Page 41 of 126 MAMA TOWN OF M ARANA CHAPTER 3 COMPENSATION Section 3 -9 -3 Lateral Transfer A lateral transfer occurs when an employee transfers from one position to another position in the same salary grade. There shall be no change to the employee's salary for a lateral transfer. Section 3 -9 -4 Reclassification A. When a position is reclassified to a classification at a higher salary grade, employees in that position shall be eligible for the same pay increase as provided upon promotion. B. When a position is reclassified to a classification at a lower salary grade, the salaries of employees in that position may be "frozen" or "redlined" until the employees' salaries are at or below the top of the salary grade for the new classification. Salaries shall only be frozen or redlined upon the recommendation of the Human Resources Director and approval of the Town Manager or designee. When salaries are frozen or red -lined due to a reclassification to a lower classification, employees may only receive lump sum performance awards until their salary is at or below the top of the salary grade for the new classification. C. When a position is reclassified to a classification at the same salary grade, the salaries of employees in that position will ordinarily not change. However, the Department Head or General Manager may recommend a change in salary to the Human Resources Director in order to address an extraordinary circumstance. The Human Resources Director shall review the recommendation and then make a recommendation to the Town Manager. The Town Manager's decision is final and is not subject to appeal under the personnel action review procedures set forth in Chapter 5 of these Personnel Policies and Procedures. Section 3 -9 -5 Effective Date of Pay Changes A. Changes in pay rate, benefits, classification, working conditions and employment status shall be documented on a Personnel Action Form (PAF) signed by the Department Head, the chain of authority above the level of Department Head, where applicable, the Human Resources Director, the Finance Director and the Town Manager or designee. The PAF shall be made a part of the employment history record of the employee. No change to an employee's pay rate, benefits, classification, working conditions or employment status shall be implemented unless accompanied by an approved PAF. B. Unless otherwise specified in these Personnel Policies and Procedures or by Town Council action, the effective date of adjustments to pay shall be the first day of the next pay period %f�ir ten or+ ,s made Adjustments to pay for employees on unpaid leaves of absence shall be implemented upon the employee's return to work. {00030143.DOC / 3 { 5/9/12 Regular Council Meeting - June 5, 2012 - Page 42 of 126 MAMA TOWN OF M ARANA CHAPTER 3 COMPENSATION Section 3 -9 -6 Special Assignment and Special Assignment Pay A. The Town may. in its sole discretion, assign employees to special assignments. The number, type and duration of any special assignments shall be determined by the Town based on operational needs and is subiect to periodic review by the Town. B. If assigned, special assignments shall not be considered a riaht or entitlement. An employee in a special assignment has no rights to that assignment or any tasks associated with that assignment no matter the duration of the special assignment. A C. Special assignments may be nr ni4r1 +n 1QMM 1n"°°Q W hn pro eRE]A larl in nno + ho fnlln�niinrr �.� include 1. Working out -of- classification in a higher level classification 2. Performing additional duties outside of the scope of the employee's regular classification fora period of time, such as assuming some or all of the responsibilities of a vacant position and /or temporarily assuming the title of a vacant osition 3. Serving in a lead or supervisory role when the employee's regular position does not require lead or supervisory responsibilities D. The Department Head or the chain of authority above the level of Department Head . where applicable, must request special assignment pay in writing. All special assignment pay requires the approval of the Human Resources Director and the Town Manager or designee. BE.Special assignment pay may be provided to employees serving in a special assignment. dependina upon economic conditions and the Town's abilitv to Day. When special assignment Dav is approved, it shall begin `n,hon +ho o i� -'e-Rinnorl +� U G nr ho n alnG WE)Fkinn i it o alassifi�A�T on the first day of the next pav eriod following approval G assignment pay shall normally be at the rate of five percent of the employee's regular base rate of pay. If an employee assumes the full responsibilities of a vacant position in a higher classification, special assignment pay shall be at the rate of five percent of the employee's regular base rate of pay unless this increase does not raise the employee's salary to the minimum salary for the higher classification. In that case, the employee's salary shall be raised to the minimum of the higher salary grade. A girl If 11%.01 %.A I %. I IN.# I I otmornpik" the provisions of this paragraph the Human Resources Director may recommend special assignment pay of up to 10 percent of the employee's regular base rate of pay in extenuating circumstances. {00030143.DOC / 3 { 5/9/12 Regular Council Meeting - June 5, 2012 - Page 43 of 126 MAMA TOWN OF M ARANA CHAPTER 3 COMPENSATION G. Any increases to base pay that are made while an employee is receiving special assignment pay, such as pay for performance awards, general increases or market adjustments, shall be calculated using the employee's regular base rate of pay before the application of the special assignment pay. The special assignment pay may be recalculated after increases are added to the employee's base rate of pay. Section 3 -9 -7 Call -Out Pay When a non - exempt employee is called back to regular duty more than one hour after leaving Town facilities at a time other than the employee's regular assigned shift to perform unscheduled duties which are in excess of the employee's regular hours of work, the employee will receive a minimum of two hours pay each time called out, or the actual time worked, whichever is greater. Calculation of the actual hours worked shall begin at the time of the call -out and shall include travel time to and from the place the employee is directed to report to work. The Department Head or designee or the chain of authority above the level of Department Head, where applicable must authorize all call outs. Section 3 -9 -8 On -Call /Stand -By Assignments; On -Call /Stand -By Pay The Town Manager may designate certain non - exempt positions as eligible to receive on -call and /or stand -by pay based on the need for 24 hours per day, 7 days per week coverage and emergency response requirements. Department Heads or those in the chain of authority above the level of Department Head who have such positions in their chain -of- command shall determine the length, duration and rotation of on -call or stand -by assignments. The rate of pay for on -call and stand -by assignments shall be determined by the Town Manager based on budget capacity with consideration given to the rates paid for comparable assignments in other jurisdictions that make up the Town's market for the purposes of surveying pay and benefits. Section 3 -9 -9 Shift Differential Pay Shift differential pay shall be provided to non - exempt employees for any hours worked between 6:00 p.m and 6:00 a.m. Shift differential pay is an hourly amount added to the employee's regular base rate of pay. Shift differential pay shall be determined by the Town Manager based on budget capacity with consideration given to the shift differential rates paid in other jurisdictions that make up the Town's market for the purposes of surveying pay and benefits. {00030143.DOC / 3 { 5/9/12 Regular Council Meeting - June 5, 2012 - Page 44 of 126 i i MARANA 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, June 5,2012,7:00 PM To: Mayor and Council Item C 4 From: Terry Rozema, Chief of Police Strategic Plan Focus Area: Community Strategic Plan Focus Area - Additional Information: The Town's strategic plan identifies Community Building as a focus area with the overall goal of creating a safe community. The strategic plan further sets forth a specific initiative within this focus area of keeping residents safe and secure. Subject: Resolution No. 2012 -31: Relating to the Police Department; exempting undercover vehicles used by the Marana Police Department in felony investigations or activities of a confidential nature from Arizona state laws related to the designation of political subdivision motor vehicles; authorizing the Chief of Police to renew existing vehicle registrations for these undercover police vehicles and to obtain vehicle registrations for new undercover police vehicles to be used in felony investigations or activities of a confidential nature Discussion: State law (A.R.S. §38 -538) provides that all vehicles used by a political subdivision for official use must bear the name of the political subdivision and the words "for official use only." However, A.R.S. §38- 538.03 allows the governing body of a political subdivision to exempt official vehicles that are used for felony investigations or activities of a confidential nature from these requirements. Undercover police vehicles may be exempted under this provision. Per the statute, the Council may grant the exemption for only one year at a time. This agenda item will grant the exemption from the provisions of A.R.S. §38 -538 to the Marana Police Department's undercover police vehicles for the upcoming year. The item also authorizes the Chief of Police to take all necessary action to renew existing vehicle registrations for undercover police vehicles and to obtain vehicle registrations for any new undercover police vehicles. Financial Impact: There is no cost to the Town for licensing these undercover vehicles. ATTACHMENTS: Name: Description: Type: Regular Council Meeting - June 5, 2012 - Page 45 of 126 D Resolution 2012- 31 for undercover slates PD.DOC Resolution No 2012 -31 Resolution Staff Recommendation: Staff recommends that Council exempt the undercover police vehicles from state laws regarding the designation of official vehicles and authorize the Chief of Police to obtain the necessary vehicle registrations. Suggested Motion: I move to adopt Resolution No. 2012 -31, exempting the Marana Police Department's undercover police vehicles from Arizona state laws related to the designation of political subdivision motor vehicles and authorizing the Chief of Police to renew existing vehicle registrations for undercover police vehicles and to obtain vehicle registrations for new undercover police vehicles. Regular Council Meeting - June 5, 2012 - Page 46 of 126 MARANA RESOLUTION NO, 2012 -31 RELATING TO THE POLICE DEPARTMENT; EXEMPTING UNDERCOVER VEHICLES USED BY THE MARANA POLICE DEPARTMENT IN FELONY INVESTIGATIONS OR AC- TIVITIES OF A CONFIDENTIAL NATURE FROM ARIZONA STATE LAWS RELATED TO THE DESIGNATION OF POLITICAL SUBDIVISION MOTOR VEHICLES; AUTHORIZING THE CHIEF OF POLICE TO RENEW EXISTING VEHICLE REGISTRATIONS FOR THESE UNDERCOVER POLICE VEHICLES AND TO OBTAIN VEHICLE REGISTRATIONS FOR NEW UNDERCOVER POLICE VEHICLES TO BE USED IN FELONY INVESTIGATIONS OR ACTIVITIES OF A CONFIDENTIAL NATURE WHEREAS A.R. S. § 38-538.03 provides that the governing body of a political subdivision may grant an exemption for not more than one year from Arizona state law regulating the designation of political subdivision motor vehicles for motor vehicles used in felony investigations or activities of a confidential nature; and WHEREAS the Town of Marana Police Department uses a number of undercover police ve- hicles in felony investigations and in activities of a confidential nature and maintains a list of those vehicles, which list includes the year, make, model and identification number of each vehicle; and WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of the public to exempt these vehicles from state laws regulating the designation of political subdivision motor vehicles. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, AS FOLLOWS: SECTION 1. The Town Council hereby exempts the undercover motor vehicles used by the Marana Police Department in felony investigations or activities of a confidential nature from state laws regulating the designation of political subdivision motor vehicles for a period of one year. Regular Council Meeting - June 5, 2012 - Page 47 of 126 Marana Resolution No. 2012 -31 SECTION 2. The Chief of Police is hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of this reso- lution, including maintaining a list of the vehicles in question, which list shall include the year, make, model and identification number of each vehicle, and renewing existing vehicle registrations for Marana Police Department undercover vehicles used in felony investigations and in activities of a confidential nature and obtaining vehicle registrations for new Marana Police Department undercov- er vehicles to be used in these activities. PASSED, ADOPTED, and APPROVED by the Mayor and Council of the Town of Marana, Arizona, this 5 th day of June, 2012. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting - June 5, 2012 - Page 48 of 126 Marana Resolution No. 2012 -31 i i MARANA 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, June 5,2012,7:00 PM To: Mayor and Council Item C 5 From: Erik Montague, Finance Director Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2012 -32: Relating to Administration; approving the transfer of $65,768 in budgeted expenditure authority from the General Fund contingency line item to the wages and benefits line items within various Town departments Discussion: The Town Council adopted the fiscal year 2011 -2012 budget on June 21, 2011. The adopted budget set the legal level of budgetary control for the Town at the department level for the General Fund and at the fund level for all other funds. A contingency line time was included within the fiscal year 2011 -2012 adopted budget. Contingency is intended to provide expenditure authority for items that may be required during the fiscal year which may not have been specifically included within the budget. The use of contingency requires Council approval. The most recent example of a transfer from contingency occurred in December 2009 (Resolution 2009 -195) involving the partial payment of the settlement of the case entitled United Fire &Casualty Company v. Pima County, Case No. CV 08- 381 -DCB, involving sewer installation and connection within Honea Heights. On May 7, 2012, House Bill (HB) 2264 was signed into law, which, among other things, modified the required Arizona State Retirement System (ASRS) contribution rates retroactive to July 1, 2011 from a 53/47 percent split between employees and employer, respectively, previously approved, back to a 50150 percent split. As a result, Town employees participating in ASRS contributed an excess amount of funds into ASRS during fiscal year 2011 -2012 and, per HB2264, the Town is required to refund those excess retirement contributions back to employees no later than September 30, 2012. Staff believes that it is beneficial to make the required refunds as soon as practical and, in doing so during fiscal year 2011 -2012, the $65,768 in refunds will not have a significant impact on the General Fund. As this cost was not anticipated and not incorporated in the fiscal year 2011 -2012 budget, staff is seeking Council approval to transfer $65,768 from the General Fund's $1,000,000 contingency line item to various salary and benefit line items within departmental budgets to allow the refunds this fiscal year. Should this item be approved, staff will make the required refunds back to eligible employees on Regular Council Meeting - June 5, 2012 - Page 49 of 126 or before June 30, 2012. A summary of budget adjustments (Exhibit A) is attached to this item. Financial Impact: This item reallocates existing resources within the General Fund. The use of contingency is not anticipated to have a significant impact on the General Fund. ATTACHMENTS: Name: Description: Type: 0 Resolution No. 2012- 32 Budget Transfer Resolution Resolutin No 2012 -32 Cover Memo (00030542)rll.DOC 0 FY2011 -2012 Tranfers.pdf Exhibit A - Budgetary Transfers Exhibit Staff Recommendation: Staff recommends approval Suggested Motion: I move to adopt Resolution No. 2012 -32, approving the transfer of $65,768 in budgeted expenditure authority from the General Fund contingency line item to the wages and benefits line items within various Town departments. Regular Council Meeting - June 5, 2012 - Page 50 of 126 MARANA RESOLUTION No. 2012 -32 RELATING TO ADMINISTRATION; APPROVING THE TRANSFER OF $65 IN BUDGETED EXPENDITURE AUTHORITY FROM THE GENERAL FUND CONTINGENCY LINE ITEM TO THE WAGES AND BENEFITS LINE ITEMS WITHIN VARIOUS TOWN DEPARTMENTS WHEREAS on June 21, 2011, the Town Council adopted the fiscal year 2011 -2012 budgetary document and overall financial plan which set the legal level of budgetary control at the department level for the General Fund and at the fund level for all other funds; and WHEREAS on May 7, 2012, House Bill (HB) 2264 was signed into law, which, among other things, modified the required Arizona State Retirement System (ASRS) contribution rates for employees and employers, retroactive to July 1, 2011; and WHEREAS as a result of the enactment of HB 2264, Town employees participating in ASRS contributed an excess amount of funds into ASRS during fiscal year 2011 -2012 and the Town is required to refund those excess retirement contributions no later than September 30, 2012; and WHEREAS the Council desires to refund the excess contributions back to employees as soon as practical; and WHEREAS refunding the excess contributions back to employees within fiscal year 2011 -2012 will not significantly impact the General Fund; and WHEREAS reallocations of budgetary amounts between the contingency line item in the General Fund to other line items are necessary from time to time; and WHEREAS the Council finds that the reallocations addressed by this resolution are in the best interest of the Town of Marana and its citizens. Regular CoWcil MTetinp . Jul 5 - Page 51 of 126 arana eso tion o. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the transfer of $65,768 from the General Fund's budgeted contingency line item to the wages and benefits line items within various Town departments, as set forth in Exhibit A, attached to and incorporated by this reference in this resolution, is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 5 day of June, 2012. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regular Co cal a Tetinp . Jul 5 - Page 52 of 126 aran eso tion o. Town of Marana Schedule of Budget Adjustments - Fiscal Year 2011 -2012 0 CO Exhibit A 3 0 Department Increase Cn Town Manager's Office 2,926 o Town Clerk 1,074 N Human Resources 1,940 Finance 3 Legal 3,204 Technology Services 3,961 Strategic Initiatives 1,641 Permits and Records 2,226 Inspections and Enforcement 1,060 Planning 3 Engineering 507 8 7 Police 6,019 Courts 3 Public Works 16 Parks 7 Community Development 1,181 Contingency Decrease Brief description of change Contingency transfer to provide capacity for ASRS reimbursements 65.768 Total $ 65 $ 65,768 i i MARANA 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, June 5,2012,7:00 PM To: Mayor and Council Item C 6 From: Kevin Kish, AICP, Planning Director Strategic Plan Focus Area: Community Subject: Resolution No. 2012 -33: Relating to Development; approving and authorizing a development plan for Encantada at Dove Mountain Apartments. Discussion: Request The applicant requests approval of a development plan for the Encantada at Dove Mountain Apartments. The site is located on the northwest corner of Tangerine Road and Camino de Oeste. Histor HSL Dove Mountain Properties, LLC, is proposing development of a 19- building apartment complex on 19.94 acres of land on Blocks A & B of the Preserve IV subdivision. The Preserve IV final plat was approved by Town Council on September 24, 2010, by Resolution No. 2010 -88 and recorded in Book 65, Page 32, Pima County Recorder's Office. A total of 274 units in 18 two -story buildings are proposed. A mix of one, two and three bedroom apartments will be grouped in building of 8 and 16 units. A 5,471 square foot clubhouse /rental office will be constructed with amenities, including a pool, gym, movie theater and both indoor and outdoor activity areas on the southern portion of the property. The northern portion of the complex will have a second pool and playground. Covered parking will be provided. A property maintenance building will be constructed on the southwestern corner of the site. Location The site is located on the northwest corner of Tangerine Road and Camino de Oeste. Zoning The site is located within the Dove Mountain Specific Plan area. The Specific Plan land use designation is Mixed Use Commercial (MUC), which allows for residential uses. Transportation Regular Council Meeting - June 5, 2012 - Page 54 of 126 There will be two primary points of access. One drive will access the complex from Tangerine Road; the other drive is located on Camino de Oeste. ATTACHMENTS: Name: Description: Type: D Resolution 2012- 33 Encantada at Dove Mountain.doc Resolution No 2012- Resolution 0 Encantada Location Map.pdf Location Map Backup Material 0 Encantada DP.pdf Development Plan Backup Material 0 Encantada Application.pdf Application Backup Material Staff Recommendation: Staff finds that the development plan is in compliance with the Dove Mountain Specific Plan, the Marana Land Development Code, and the Marana General Plan. Staff recommends approval of this development plan. Suggested Motion: I move to adopt Resolution No. 2012 -33, approving and authorizing a development plan for Encantada at Dove Mountain. Regular Council Meeting - June 5, 2012 - Page 55 of 126 MARANA RESOLUTION NO, 2012-33 RELATING TO DEVELOPMENT; APPROVING A DEVELOPMENT PLAN FOR ENCANTADA AT DOVE MOUNTAIN APARTMENTS. WHEREAS, the amended Dove Mountain Specific Plan was approved by the Town Council on July 16, 2002, as Ordinance 2002.13; and WHEREAS, on September 24, 2010, The Town of Marana adopted Resolution No. 2010.88, approving the final plat for The Preserve at Dove Mountain IV, Book 65 Page 32; and WHEREAS, HSL Dove Mountain Properties, L.L.C., has applied for approval of a development plan for Encantada at Dove Mountain, a 272 unit apartment development on 19.94 acres, and is located on the northwest corner of Tangerine Road and Camino de Oeste, within a portion of Section 36, Township 11 South, Range 12 East; and WHEREAS, the Town Council, at their regular meeting on June 5, 2012, determined that Encantada at Dove Mountain Development Plan should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that Encantada at Dove Mountain Development Plan is hereby approved, PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 5th day of June, 2012. Mayor ED HONEA ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting - June 5, 2012 - Page 56 of 126 Marana Resolution No. 2012 -33 w� Encantada at Dove Mountain Apa MARANA CASE DPR-12001 TOWN N OFF M RA A LU [f� LLB 0 The Pre e rves at Doge Mountain Subject Prft W TAIL F- RI NE RD }� Req ues 0 650 �1 300 t. '(�)- A request for deve lopment plan approval for a 272 unit apa rtment complex on 19.94 acres. Data Disclaimer: The Town of Marana provides this map information 'As Is' at the request of the user with the understanding that Is not guaranteed to be accu rate, correct or comp and conclusions drawn frerrr such information are the responsibility of the user. In no event shall The Town of Marana become liable to users of these data, or any other party, for any loss or direct, indirect, special,incidental or consequential damages, including but not limited to time, money or goodwill, arising from the use or modification of the data. Regular Council Meeting - June 5, 2012 - Page 57 of 126 S81'11 "W 101.57' 537'19'08 "W W55' (D CQ p rn Cn N E O 4'31'3 "E 15147' J v 1'58 "W 106.20' ' 4 ADDRESS: IV ; fNE ROAD + UNIT # im 100 0 50 100 150 - 200 SCALE: 1° -100 SUR VE YOR y ROBOT , W T FIANNAFUND BUILDING TABULATION TYPE A -- MULTIFAMILY UNIT @ 10,300 S,F. UWT tmv 15 UNITS = 154,500 S.E. TYPE U - MULT UNIT @ 5355 S.F. UNIT DEVELOPMENT PLAN WAS PERFORMED UNDER MY DIRECTION! AND � CHAFt. " 2 UNITS 10,710 S.F. TYPE C - MULTIFAMILY UNIT 0 3840 S.F" /UNIT MARKERS SHOM ARE CORRECTLY DESCRIBED. 2 UNITS = 11,680 S.F. TYPE D - CLUBHOUSE RENTAL OFFICE= 5471 S.F. TYPE E -- MAINTENANCE; BUILDING (TWO STORY) 800 S.F. TOTAL BU ILDING AREA 183,16 . PARKING CALCULATIONS 102 1-- 13EDROOM UNITS @ 1.5 SPACES UNIT = 183 SPACES 136 2-SEDROOKI UNITS 0 2.0 SPACES /UNIT 4 272 SPACES 34 3-- BEDROOM UNITS 0 2.0 SPACES UNIT T 68 SPACES SUBTOTAL 493 SPACES VISI SPACES = 25 SPACES TOTAL SPACES REQUIRED = 518 SPACES TOTAL SPACES PROVIDED T 513 SPACES TOTAL ADA ACCESSIBLE SPACES REQUIRED 10 SPACES TOTAL ADA ACCESSIBLE SPACES PROVIDED Y 15 SPACES . PAR TOTAL PROVIDED (1 UNIT) = 272 SPACES ADA ACCESSIBLE REQUIRED (2) = 5 SPACES TOTAL ADA ACCESSIBLE; PROVIDD = 6 SPACES CER1IOA11N OF tmv HEREBY CERTIFY THAT THE BOUNDARY SURVE=Y SH VM ON THIS 22245 � o DEVELOPMENT PLAN WAS PERFORMED UNDER MY DIRECTION! AND � CHAFt. " THAT ALL EXISTING AND/OR PROPOSED SURVEY MONUMENTS ARID `$ MARKERS SHOM ARE CORRECTLY DESCRIBED. BASIS O BEARING: THE EAST LINE O THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 11 SOUTH, RANGE 12 EAST, GILA AND SALT RIVER MERIDIAN. PIMA COUNTY, ARIZONA, AS SHOW ON THE PRESERVE IV AT DOVE MOUNTAIN FINAL PLAT, RECORDED IN BOOK 55 O MAPS AND PLAT AT PACE 32 RECORDS OF PIMA COUNTY, ARIZONA, BE=ARING BEING N 00'01'57 " W. BASIS OF ELEVATION: NOS POINT NN 02, BEING A STARLESS STEEL ROD IN A SLEEVE MARKED OPS NN -2 1998. LOCATED AT THE SOUTHEAST CORNER OF CAMINO DE OESTE AND TANGERINE: ROAD, HA)ANG AN ELEVATION OF 2635.40 ( nr vD 29 . SH INDEX SHEET 1 COVER SHEET & COMPOSITE KIAP MEET 2-3 NOTES & DETA SHEET 4- -7 PLAN SHEET SHEET 8--9 HORIZONTAL CONTROL ACCEPTANCE: I ARANA TOW ENGINEER O WNER /DEVELOPER BY AI P HST. DOVE MOUNTAIN PROPERTIES, LLC MARANA PLANNING DIRECTOR o HSL PROPERTIES INC. 3901 E. BROADWAY BLVD. BY TUCSON, ARIZONA 85711 PIMA COUNTY REGIONAL WASTEWATER RECLAMATION DEPT. RLS 26928 E COR SEC 36 DATE DATE DATE; 417 " F+ .. 65 w 'lANX - R w; LOCA ryf -. SCALE BE1NC A POR77C SECTION 36, TOWN OF ARANA, . FFE 2. 40 ..�.�.,.......- PA EA _ .�.....��_� Op ....... ' -- ' - - - -' Cu .. ... EX ...... F M .............. E • PR -- '-- '--- -12 "Vi " E . a "w --- PE �--- 6 4 ' w PEA .a PR - - - -� PF PA t�s H� WSEL W/ Jam = .rte _ T ps PF EX PEi AC EX Ex ... .: :. .. .. r { TR Sw DEVIL ENC at DOVE BLOC A&6OFTHE AS RECORDED IN BFING A PORE' TIRED: 6264 SY. 0,14 ACRE=S SIDED: 213,00 S.F. 4.90 ACMES k: 19,200 S.F. D.44 ACRES 19.94 ACRES (668,773 S.i~.) 177,321 S.F. 20 T 45 (D 609 OF BUILDING HEIGHT, MINIMUM 15' c� 15 . SPACE 2.09 ACRES 9D,846 S.F.) kRKING 4.46 AGES 154,0715 S.F.) C7 WB -40 OF OR PAINTED gTH GRAFFITI — (RESISTANT MATERIALS. R SEPARATE PERMIT. TOM OR MARA , ITS SUCCESSORS AND ASSIGNS, HARMLESS IN TUBBED, OR 04OCTED WITHOUT THE APPROVAL OF THE MARAN#A CD THE PUBLIC SAh kI ARY SEWER SYSTEM SHALL MEET THE REOUIREMENTS ;E (PIMA COUNTC=DINANCE 1991 -140, AS AMENDED). JCSON WATER, WHICH HAS A 300 YEAR ASSURED WATER SUPPLY. kTED AS A RESV OF THIS DEVELOPMENT WILL BE DONE SO AT NO D DMMODATE ACCER AND MAINTENANCE FRIGHTS FOR TOWN OF MARANA, IEST FIRE DISTRV AND EMERGENCY AND SERVICE VEHICLES. t REQUIRED PAROG SHALL NOT BED CONVE#RTE€? TO OTHER USES HAT SUFFICIENT (W --SITE PARKING EXISTS. �T AFFIRM, CERT) OR APPROVE ANY LAND DIVISION THAT MAY BE i IT CERTIFY TH , XISTE CE OR COMPUANCE WITH ANY DEED SONRY CONSTRU (MON, MATCH BUILDINGS AND CONTAIN SOLID CATES. BE PRIVATE All WILL BE CONSTRUCTED, OPERATED AND MAINTAINED DANCE WITH AN PROVED OPERATION AND MAINTENANCE PLAN, IF }I3 OF COa� NECTI TO AN EXIS PUBLIC SANITARY SEWER IS BY THE PIMA CQIJNTY REGIONAL WASTEWATER RECLAMATION t% UST BE SECURE( ROM PIMA COUNTY REC10NAL WASTEWATER IEGINNING ANY YMRK ON THIS PROJECT, IE PIRtVATI SANITARY SEWER TO ITS POINT OF COINNECTION TO THE ( OF THE PROPERTY OWNER. AND 0 EXISTING WASTEWATER FIXTURE UNIT EQUIVALENTS. PER TABLE �E 13.20.045(E). r SEWER EASEMENTS SHOWN HEREON SHALL BE IN ACCORDANCE VATH T STANDARD DETAIL WWMA- -4, ASON RY WALLS, FENCES, ETC.) MAY BE CONSTRUCTED ON OR ;TATS HEREON VATHOUT SEPARATE WRITTEN CONSENT OF THE PIMA .AMATION DEPARTMENT. 'L(>AD LIMITS (REPRESENTS AN AREA THAT MAY 8E SUBJECT TO 'NCY FLOOD AND ALL LANE) IN THIS AREA YALL BE RESTRICTED TO .00DPL.AIN MANAGEMENT AS APPROVED BY THE FLOODPL.AIN K EQUIPPED WITH AUTOMATIC FIFE SPERiNKLERS IN ACCORDANCE WITH FIRE CODE AND AMENDMENTS ADOPTED BY THE TOWN OF MAIRANA SP RiNKLE R RISERS SHALL BE LOCATED IN A SEPARATE ROOM WITH ECTLY TO A PUBLIC WAY. THE AUTOMATIC FIRE SPRINKLER SYSTEM CE OF A CURB, GUTTER OR APPROVES? DRAIN. DAYLIGHT DRAINAGE OF TEEM SHALE* NOT CROSS ANY SiDEWALK, CROSSWALK, HANDICAP PLANS OF INSTALLATION OF FIRE SPRINKLER SYSTEMS SHALE. BE RiCT WITH THE REQUIRED FEES FOR APPROVAL PRIOR TO INSTALLATION ALARM AND TAMPER SVATCHES SHALL BE MONITORED OFF SITE BY A WE TIME OF FIRE SPRINKLER SYSTEM FINAL INSPECTION IN THE 2006 INTERNATIONAL FIRE CODE. BOX) COMPATI8LE %1TH KEYS CARRIED BY NORTHWEST FIDE DISTIR IJE BUILDING TEAR THE FIRE SPRINKLER RISER ROOM DODR, THE BOAC ,LER RISER ROOM DOOR AND ALL EXTERIOR DOORS TO THE BUILDING iRTMENTS AT THE TIME OF THE FINAL FIRE INSPECTION IN THE 2005 INTE RNKRONAL FIRE CODE. IRE THAT ALL GATES ON THIS PROPERTY ARE ELECTRONICALLY kN OPTICAL PRE=EMPTIVE DEVICE (OPTI --COMM TYPE) COMPATIBLE WITH E ENT. ALL GATES SMALL 8E EOUIPPED WITH A KEY SW TCH BACK UP IOSITION #N THE EVENT OF A POWER FAILURE. GATES SHALE, BE SET *iEN ACTIVATED BY THE OPTICAL PREEMPTIVE DEVICE IN THE 2006 INTERNATIONAL FIRE CODE. PLANS FOR INSTALLATION OF 11TTED TO THE NORTHWEST FIRE DISTRICT WTH THE REQUIRED FEES TION OF THE GATES. BE 1750 GALLONS PER MINUTE FOR 120 MINUTES BASES) UPON A 'WARE FEET OF TYPE VB CONSTRUCTION, FROM FARE HYDRANT'S IN C OF THE 2006 INTEIRNATIDNAL FIRE CODE, F HYDRANTS CAPABLE LOW SHALL BE APPROVED. INSTALLED, TESTED AND SERVICEABLE IBUSTIBLE MATERIALS TO THE SITE. REQUIRED FIRE HYDRANTS ON THIS TIRUCTION PURPOSES AT ANY TIME IN ACCORDANCE WTH SECTION _ FIRE CODE. IALL BE APPROVED AND INSTALLED WTH ALL WEATHER PAVING IN AND ACCESSIBLE AT ALL TIME B£CiNNING 1b1TH THE INTRODUCTION OF E IN ACCORDANCE `iNITH SECTION 5D3 OF THE 2006 INTERNATIONAL LL I ILn,) VT' A 14t41NF1MVM V1_ V Ik nLiVM 1 m In 74 a1r%VT%T- IIY 1N I IL. LL 1 I Li %J WO RLU Uttk %VF %VV4'l W. II I L NAME OF THE PROJECT. NAME OF THE CONTRACTOR AND A 24/7 EMERGENCY TELEPHONE NUMBER SHALL BE STENCILED IN WHITE BLOCK LETTERS A MINIMUM OF ONE INCH IN HEIGHT 'AITH APPROPRIATE STROKE ON THE LOWER THIRD OF THE SIGN. ADDITIONAL SIGNS SHALL BE PLACED ALO}�0 THE PATH OF TRAVEL A MINIMUM OF ONE EACH 100 FEET TO WTHIN 50 FEET OF EACH BUILDING. THE ADDITIONAL SIGNS SHALL ALSO STATE h NO PARKING — FIRE LAME IN WHITE BLOCK LETTERS ' IN HEIGHT BY 1y4 STROKE ON RED BACKGROUND IN ACCORDANCE WTH SECTION 5133.3 OF THE 2006 INTERNATIONAL FIRE: CODE. 34. THE PROJECT GENERAL CONTRACTOR SHALL MAINTAIN FIRE DEPARTMENT ACCESS AND CLEARANCE AROUND FIRE HYDRANTS AT ALL TIMES DURING CONSTRUCTION. THE GENERAL CONTRACTOR SHALL. ERECT ADDITIONAL SIGNS AS EREOUIIRE:D TO ENSURE COMPLIANCE WITH SECTION 503.3 OF THE 2006 114TERNATIONAL FIRE CODE. 35. A GEOTECHNI AtiL ENGINEERING INVESTiGATIOI\l, INCLUDING RECOMMENDATIONS FOR GRADING PROCEDURES HAS BEEN PREPARED BY WSTERN TECHNOLOGIES, INC. EARTHWORK SHALL CONFORM TO 1I4E RECOMMENDATIONS OMMENDATIONS ONT'A4INED IN SAID REPORT, PROJECT NO. 9 1JH046-1, DATED DECEMBER 1, 2011. 36. A TRAFFIC IMPACT STUDY �MARAkNA TRA1I1I -03) HAS BEEN PREPARED FOR THIS DEVELOPMENT AND SPECIFICALLY ADDRESSES WARRANTS FOR TURN LANE EXPANSION ON TANGERINE ROAD AND CAMIND DE OESTE. 37. IMPROVEMENTS TO TANGERINE ROAD AND CAMINO DE OESTE SHALL BE CONSTRUCTED AND CONNECTED TO THE SITE PRIOR TO THE ISSUANCE OF ANY CERTIFICATES OF OCCUPANCY FOR THIS PROJECT. 3B. REFER TO THE LANDSCAPE PLANS FOR BUFFERYAIRD REQUIREMENTS AND IMPROVEMENTS W1MN COMMON AREAS. 39. REFER TO DRAINAGE REPORT (FIGURE 4) FOR AiDDITIDN,IAL. IRIPRAP DESIGN ALONG CAMINO DE OESTE, ALONG THE NORTH BOUNDARY NEAR UNITS 8 & 9, AND FOR SPLASH BAD REQUIREMENTS AT THE ARCH CULVERT OUTLETS. 40. ALL EASEMENTS MUST REMAIN UNOBSTRUCTED. 41. ALL EXTERIOR LIGHTING SHALL COMPLY WTH THE MOST CURRENT EDITION OF THE TOWN OF MAIRANA OUTDOOR LIGHTING CODE, 42. INSTALLATIONS OF ITEMS SUCH AS LANDSCAPE, IRRiGATION, SiGNAGE, DRAINAGE IMPROVEMENTS, MONU MENTATION AND WALL, ETC. VdTHIN THE PUBLIC RIGHTS--OF- -WAY SHALL RE{ UIRE A PERPETUAL LICENSE AGREEMENT FOR INSTALLATION, MAINTENANCE AND INDEMNIFICATION. THIS DOCUMENT SHALL BE EXCCUTED ARID RECORDED PRIOR TO ANY PLAN APPROVALS, SUCH AS LANDSCAPE & IRRIGATION OR IMPROVEMENT PLANS, ALLOWNG INSTALLAT MTHIN THE PUBLIC RIGHTS --OF"- --WAY. 24' R=42' 12' 12' ACCESS LATE ACCESS LANE O r =ARR PC COT SD 209 TYPE 2 TYPICAL � P. A.A L SECTION ults R .A.A.L. CIRCLE ECTI �l nv_v N15 TA � ER NEB ROAD 12� 12 N15 B0' PARKING STALL ACCESS LANE ACCESS LAIN; PARKING STALK 27:TYP 141"_11111 I P 1111 ,, VEAL VcRT3CA€. CCURB IBC CT SD 209 TYPE 2 PC /COT D 240 TYPICAL TYPICAL DEC LANE RTS r __ 15, ACCESS SANE '• 2 � "_REVEAL_ F IBC /COT c TYPICAL 401- VOES 5' WA.R;E 45.3' — 73.7' VARIES 5' 2' SWLK 5' — 22' SCE ARCHITECTURAL PLANS 5' — 16,3' S14ti _VMS_, 2 GYP BLOC 2 FF`E - '31.6 SECT 2 , TYP OR RETAN # , I rfl��lir If1141 C 110 !7 f,ff kl i 5 L� 4 4# I GPI ' Q �x�lcr .. 1559 r 'k- cft ?�245 � BU FLOOR UNIT l C HA E L� NUMBER MOM NUT, UR I►�xlvr yr 5' 2-f le PARKII�C STALL YAM, CAE. 1R� INN SEC11 r�rs R -42' 27' 2 27' 1 ACCESS LAN R -15 A ACCESS LANE 6 PAVED 12 12' 12' PINED 12' PAVED SHLDR TRAVEL LANE TURN LANE TRAVEL LANE SHLDR TRAVEL LANE TURN LANE SHI R MATCH EX�STIMiG IAA SD 241, TYPE 'A MAC SO 201, TY?E 'A' TYPICAL TYPICAL NEW PVMT NEW PVial1 I' !W"T" VOS1W C PAVUENT (�,!i TEI MATCNEW PVMT VARIES {Yk4E3TH VARIES) YAl iE } {W,D_ EI VALES} TA � ER NEB ROAD 12� 12 N15 B0' PARKING STALL ACCESS LANE ACCESS LAIN; PARKING STALK 27:TYP 141"_11111 I P 1111 ,, VEAL VcRT3CA€. CCURB IBC CT SD 209 TYPE 2 PC /COT D 240 TYPICAL TYPICAL DEC LANE RTS r __ 15, ACCESS SANE '• 2 � "_REVEAL_ F IBC /COT c TYPICAL 401- VOES 5' WA.R;E 45.3' — 73.7' VARIES 5' 2' SWLK 5' — 22' SCE ARCHITECTURAL PLANS 5' — 16,3' S14ti _VMS_, 2 GYP BLOC 2 FF`E - '31.6 SECT 2 , TYP OR RETAN # , I rfl��lir If1141 C 110 !7 f,ff kl i 5 L� 4 4# I GPI ' Q �x�lcr .. 1559 r 'k- cft ?�245 � BU FLOOR UNIT l C HA E L� NUMBER MOM NUT, UR I►�xlvr yr 5' 2-f le PARKII�C STALL YAM, CAE. 1R� INN SEC11 r�rs R -42' 27' 2 27' 1 ACCESS LAN R -15 A ACCESS LANE MERE SHOWN BY SEPARATE PERMIT -SEE DETPJL F. SHEET SD' 12` 12' #8' ACCESS LANE ACCESS LANE PARK S LEVEL ENC a t OCHE l BLOCKS A & B OF THEY AS RECORDED IN BEING A PO HANDRAIL PER P CQT D 11 05 (CORDNADD BROWN) EMBEDDED 50% INTO GROUT EXISTING CHANNEL CMU RETAINING WALL T TO BE MOM BY cQ SEE DRAINAGE REP01�T STRUCTURA ENGINEER FOR hEPTHS v n 6'OT ECTION o - CONCRETE ..TOE Y n xsS ( cQ ]" F, F EVS7ING CHANNEL SEE DRAINAGE REPORT FOR DEPTHS Z RETAINING WALL BY SEPARATE PERMIT' ors 5 TUyjK CONCRETE LAB - N CAM BOLTS O -- N R O CAME BOLT HOLES T 1 ,/' L O CK D OPEN! N ( TYP) 1 E�' (TYP) 1 POST BARRICADES, T, TYPE 13 PER PC/CO STD. �. DR. 106 (TYP) 4 , 4 13'-- 41' rE R DETAIL HTx ` 4' 6.5' V,- r -• - - -a .� �..� .. ' TYP , J } MAX V ARIE S V - - - - - ' :. MATCH Ly JF ! [7,-w 3 ` OR 6' 1hE2� ` 4' Dlk (CORONADO BROWN) — EMBEDDED 547. iNTO GROUT ANNEL SE TiON M RETE Ep��€ PER MANUFACTURERS SPECIFICATIO S PARKING CANOPY uTS 42' BARRICADE RAILING I PER PC COT SO 105 TIN MEWAL Lo $' I , NITE FIBER MESH OR 6x6 W2.1 x W2.1 YMF w t' I LTEE R FABRIC . 4� I P S G � _ _ — T�IK2R (CO�RONADO BROWN) , 4 l '" EMBEDDED 50 INTO GROUT CHANNEL SECTION 1Z CO NCRETE C URB __ TYPE 2, R VEAL 12' RIr��II (PC Zoe) RESERVED PARIII PARKIN W = oo WM T0 C 1 i 1/2" TUBE -- 7_ Bo 7E1<L VATM WELDED CAP. r VI PAINTED n PA -- -�— - AI DIGAP ACCESSIBLE PARKING SIGN IC, PIER MUT D STANDARDS Als 4`--6 13 FULL. PERIMETER PRE- -FINISI•']£D TO PROVIDE EN04NEERED SHOP DRA%INGS ° S TO APPROVAL i < . € DE TA!L C13 V — �. V,- r -• - - -a .� �..� .. ' TYP , J } MAX _ ...,. -- F' TYP MAX - - - - - ' -- — — r WARNING ACE — CONG YMEEL STOP MA (TYPICAL) a 19' 18 4` VMITE k 2' 0,C. 11' 6' TYP 9' PAII'IIG DETAIL A ES ISLE do REGULAR PER I C ANSI STANDARDS CONCRETE SIDEWALK P COT b 20D HC PARKING.. 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F`,:� f PDO AREA _ I kk RENTAL OF - I CE � -�� j. o 7 & CLUBHOUSE J-1 5471 S.F. f LIMITS - ' BLDG #1 _- _` ' -y TOR �. - BLDG k 7 . : { v 535 3 S F. r *� STORY { }•�� cc Y� 7 - - 85.49' _.. _ _ �� N AI NT BLDG' .. 4 7. •,� � - �`, ' - - � - - ,_� t - - '� ",.. ". - �4, .L + # R42' co c`v �z *:co - _ 637 C. ►- , 1 4.44 L300K Dc L =43.53' m ............ ........Y,v. v_v :_ . _..,..- ' - - - - -- ..- -'----- ..- ...-- '-------- ......... _ w., rr -. - -- - -` - ; - - -- '----- - - - - -r '-- -' - - -' - - -' - -- - -- _. ry ., r -v -- w.,. 4g p A- •'99'45'1" 60 ' 65, A4&p } /Z 1 361!' D VEL. ENC at DOVE UP BLOCKS A & B OF THE AS RECORDED ] I 'y BEING A RT NOTE: ALL PAAL DIMENSIONS ARE TPAL KEYNOTES: TES: SURVEYOR 5' CONCRETE SIDEWALK PICOT SD 200). AUA A PARKING SPACE DETAIL D13), IBM �aar; BUILDING SETBACK (SEE GENERAL NOTE #&. SHEET ). ME SO W3-40 VEHICLE MOVEMENTS (PER AUTOTURN SOFTWARE). 1 361!' D VEL. ENC at DOVE UP BLOCKS A & B OF THE AS RECORDED ] I 'y BEING A RT SEE SHEET 50 0 25 50 75 1 DEVEL ENC at DOVE BLOCS A & B OF THE S RECORDED DED IN NOTE: ALL. PAAL DIMENSIONS ARE APICAL Y TES: SUR VEYOR (D ' CONCRETE SiDEWALK (POCOT SID 200). 5 ILAr} ° �..c,c,c�r�,r 2 AAA A PAR €N (DETAIL D13), i c, i a s BUILDING G SETBACK {SEE GENERAL NOTE #6, SHEET . 1$599 1 M1E HAEL }.r, sor W13 --40 1+EHICLE MOVEMENTS (PER AUT TURN OFTWARE). 50 0 25 50 75 1 DEVEL ENC at DOVE BLOCS A & B OF THE S RECORDED DED IN i i MARANA LA NNIN'G & ENGINE APPLICATION LICATIOI /I\ 1. TYPE OF APPLICATION (Check one) ❑ Preliminary Plat ❑ Development 1 hin ❑ Specific Plan Amendment 0 Final Plat El SwPP El Conditional Use Permit ❑ General Plan Amendment El Landscape Flan El Rezone /Specific Plan [:]Variance El Native Plant Permit El Native Plant Exception ❑ Significant Land Use Change ❑ Minor Land Division ❑ Water Plan ❑ Annexation ❑ Specific Plan ❑ Improvement Plan, (specify type in .Description of Project box'`) ther 2. zEN RAL DATA REOUIRE Assessor's Parcel General Plan Designation Numbers 218 ( To be confirmed by staff Gross Area (Acre/Sq. Ft. Current Zoning 19.8 acres To be confir by staff) Development /Project Marne Encantada @ Dove Mountain Proposed Zoning Project Location Northwest C orner, Intersection of Tangerine & Camino de Oeste Description of Project* Blocs A & B Preserve IV at Dove Mountain; Book 65, Page 32, Maps & Plats Propert Owner ESL Dave Mountain Properties, LL Street Address 1 t 9 East Broadway r Blvd . Mate Zip Code P iLImbei Fax Number E -Mail Address city T u c son AZ 85711 1 5 20 - 32 2 -69 94 F +F h 1 i V e rt i i. li s. co Phone Num E-mai 111 Contact Person M 1 k•r V F A !44 F 520-3 22 - 6994, ext. 1 1 2 Applicant - - - - - - -- �- - -. - -- - - -- - I SL Construction Services Street ,Address 3901 East B road way ]blvd. city Mate Zip Code 1 Num Fax Num tu E -bai Address Tucson AZ 85711 :520 mike@hslproperties.com Contact Pe Ph one Number 7 _mal Mi C ens k y 520- 322 - 699+, ext 112 Agent/ pr ntativ Psomas Street Address 3 E. Wetmore Fond, Suite 450 city State Zip Code Phone Number Fax Number -Mail Address Tucson AZ 85705 520 520 -292-1290 bob. iannari o@psomas.corgi) Contact Verson Town ofMarana Business - - - -- Bob Iannarxno License No. 1 23 22 6 3 . AUTHORIZATION qkf PROPERTYOWNER � i, the undersigned, ce rti fy that al! of t he facts set forth in t his ap li atl n are u to the best of x knowledge and that I am either the owner of the property or that I have been authorize in wrrtirrn e o vn r to file this application an checklist. list. If not owner of record, att c h written authorization from the owner.) I 4 f C 4t. 4? sy '., 11-1 7 — I I Print Name of A il ea t /Agent Signature Date Caselo Received n Received by: - 11555 W. Civic Center l' rive, Bldg. A uklar AZ 85653- 03nTcleph.oi)e (520) 382- 2600mi "ax (520) 382 -2641 R egular Council Meeting - june 5 2012 - age '67' of 12 - i i MARANA 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, June 5,2012,7:00 PM To: Mayor and Council Item C 7 From: Kevin Kish, AICP, Planning Director Strategic Plan Focus Area: Community Subject: Resolution No. 2012 -34: Relating to Development; approving a final plat for Los Saguaros at Dove Mountain, Lots 1-133. Discussion: Histor The amended Dove Mountain Specific Plan was approved by the Town Council on July 16, 2002 by Ordinance 2002.13. A Final Plat for Saguaro Forest was then approved by the Town Council on November 6, 2007 by Resolution 2007 -186. Request Baker and Associates is requesting approval of a resubdivision of Saguaro Forest at Dove Mountain to create the Los Saguaros Final Plat, Lots 1 -133 on 130.6 acres. The plat consists of 133 lots, Common Areas "A" through "G" and Blocks 1 through 7. Block 7 will be resubdivided for additional residential lots in the future. Location The site is located within the Dove Mountain Specific Plan area. The proposed subdivision is generally located four and a half miles north of Tangerine Road on the south side of Dove Mountain Boulevard. Zonin The zoning is "F" - Dove Mountain Specific Plan with a land use designation of "LDR" - Low Density Residential and "MUC" - Mixed Use Commercial. The LDR designation minimum lot size required is 6000 square feet. The minimum lot provided in the LDR portion of the plat is 7,842 square feet and the maximum lot size is 15,925 square feet with an average lot size of 11,278 square feet. The portion of land with the MUC designation is approximately 2 acres. Transportation Access to the site will be off of Dove Mountain Boulevard. ATTACHMENTS: Name: Description: 0 Resolution 2012- Type: Regular Council Meeting - June 5, 2012 - Page 68 of 126 34 Los Saguaros Resub FP.doc Resolution 2012 -34 Cover Memo ❑ Location Map.pdf Location Map Backup Material ❑ Application.pdf Application Backup Material ❑ Los Sagaros REVISED -5- 2012.pdf PRV- 06024E /A Los Saguaros Final Plat Backup Material Staff Recommendation: Staff finds that the final plat is in compliance with the Dove Mountain Specific Plan, the Marana Land Development Code and the Marana General Plan. Staff recommends approval of this final plat. Suggested Motion: I move to adopt Resolution No. 2012 -34, approving a final plat for Los Saguaros at Dove Mountain, Lots 1 -133. Regular Council Meeting - June 5, 2012 - Page 69 of 126 MARANA RESOLUTION NO, 2012-34 RELATING TO DEVELOPMENT; APPROVING A FINAL PLAT FOR LOS SAGUAROS AT DOVE MOUNTAIN, LOTS 1 -133, COMMON AREAS "A", "B" "C", "D", "E", "F" and "G" and BLOCKS 1 THROUGH 7 WHEREAS the amended Dove Mountain Specific Plan was approved by the Town Council on July 16, 2002, as Ordinance 2002.13; and WHEREAS, the Saguaro Forest at Dove Mountain Final Plat was approved by the Town Council on November 6, 2007, as Resolution 2007 -186 and WHEREAS, the applicant, Baker & Associates Engineering, Inc. representing the property owners of Saguaro Forest at Dove Mountain, has applied for approval of a plat for a partial resubdivision of the Saguaro Forest at Dove Mountain Final Plat, Lots 1 through 28, 57 through 89, 106, Block "B ", and Common Areas "A ", "B" and "C ", to create the Los Saguaros at Dove Mountain Final Plat, Lots 1 -133, which consists of lots 1 through 133, Common Areas "A ", "B" "C ", " D " , "E ", "F" and "G" and Blocks 1 through 7, on 130.6 acres, and generally located four and a half miles north of Tangerine Road on the south side of Dove Mountain Boulevard, within Sections 22, Township 11 South and Range 12 East; and WHEREAS, the Town Council, at their regular meeting on June 5, 2012, determined that the Los Saguaros at Dove Mountain, Lots 1 -133, Final Plat should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Los Saguaros at Dove Mountain, Lots 1 -133, Common Areas "A ", "B" "C ", " D " , "E ", "F" and "G" and Blocks 1 through 7 Final Plat, is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 5 th day of June, 2012. ATTEST: Mayor Ed Honea Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution No. 2012 -34 Regular Council Meeting - June 5, 2012 - Page 70 of 126 Los Sa at Dove Mountain, Lots 1=133, Final Plat CASE PRV-06024F/A q� j ® r, • • • 1 s_ ■ — +iSiGLIlaS� _i�,51111111 n MEMO -- NEI - j ~ 1 91 ' � v — — � • � 1 1 1 1 1 1 Approval of a final plat for the resubdivision of Sa Forest at Dove Mountain Final Plat 1 1111, - �� _ • •• . • • •. . p MARANA =/ I \ PLANNING & ENGINEERING APPLICATION 1. TYPE OF APPLICATION Check One 0 Preliminary Plat XXXFinal Plat o General Plan Amendment o Variance 0 Development Plan o SwPPP 0 Specific Plan Amendment o Conditional Use Permit O Significant Land Use Change o Minor Land Division O Improvement Plan (specify tyj2e in Description of Project box *) o Landscape Plan o Rezone/Specific Plan O water Plan o Other 0 Native Plant Permit 0 Annexation 2. GENERAL DATA RE UIRED Assessor's Parcel Numbers 218-34-0030 th ru 218— 34 --0720 218-34-0740 General Plan Designation To be confirmed b staf Gross Area (Acre /Sq. Ft.) 3 0. Acres Current Zoning To be confirmed by staff) Dove Mountain S e c i f i c Plan Development /Pr eject Name Los Saguaros at Dove M n Propo sed Zoning Project Location Dove Mountain & Desert Spring Drive Description of Project* Single Family Residential; Future Commercial & Residenti Property owner See attachment #1 oc Street Address City State Zip Code Phone Number Fax Number E-Mail Address Contact Person Phone Number 1 E -mail Applicant Baker & Associates Engineering, Inc. Street Address 3561 E. Sunrise Dr., #225 City Tucson State AZ Zip Code 84718 Phone Number 31 8 -1 950 Fax Number 31 8 -1 930 E --Mail Address marty@baetucson.com Contact Person Marty Magelli, P.E. Phone Number 1 E -mail 318 --1950 x104 Ag ent/Repre sentative 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 writ' by the owner to file this application and checklist. (If not owner of record, attach written authorization from the owner.) Print Name o ApplicantlAgent 1 1 9ignature Date 11555 W. Civic Center Drive, Bldg. A2vMarana, AZ 85653 -7003 ■Telephone (520) 352- 26OOnFax (520) 382 -2641 2 ci Ll Regular Council Meeting - June 5, 2012 - Page 72 of 126 'T TO THE MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR DOVE DOCKET 10660 AT PAGE 1083. IIS PROJE,PT IS 1.4 RAC. >HOWN J SHEETS 2 THROUGH 16, PORTIONS OF BLOCK "7" ARE SUBJECT TO THE ITEMS: H FU TUft EASEMENTS (NOT CURRENTLY DEFINED) PER SEQUENCE #20111160700. Q LOT SITTING SHALL BE DONE WITHOUT THE WRITTEN APPROVAL OF THE TOWN OF L ES NOT AFFIRM, CERTIFY OR APPROVE ANY LAND DIVISION THAT MAY BE CONTRARY TO = RTI FY TI?E EXISTENCE OF, OR COMPLIANCE WITH, ANY DEED RESTRICTIONS OR EASEMENTS. cn S PLACE2 AND /OR MAINTAINED WITHIN THE SIGHT — VISIBILITY TRIANGLES SHALL BE LOCATED IITH A VISIBILITY PLANE DESCRIBED BY AN AREA MEASURED BETWEEN 30 INCHES AND 72 I E FI NI SID GRADE OF THE ADJACENT ROADWAY SURFACE. OF RECORD SHALL CERTIFY AS TO THE FORM, LINE AND FUNCTION OF ALL PRIVATE LINAGE SIPUCTURES BEFORE THE RELEASE OF ASSURANCES. N 4R FL00O LIMITS REPRESENTS AN AREA THAT MAY BE SUBJECT TO FLOODING FROM A D AND ALL LAND IN THIS AREA WILL BE RESTRICTED TO USES THAT ARE COMPATIBLE WITH :NT AS APPROVED BY THE FLOOD PLAN ADMINISTRATOR. ) WITH FIRE SPRINKLERS PER EXCEPTION TO THE FIRE CODE. PROJECT IS THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 23, T -11 —S, FINAL PLAT OF DOS LAGOS AT DOVE MOUNTAIN, LOTS 1 -91, RECORDED IN BOOK 57 43, SAID BEARING BEING N89 °59' 18 "E. SEE DETAIL, SHEET J16. STIES EXCEPT ELECTRICAL TRANSMISSION LINES CARRYING 46 KV OR GREATER, AND THOSE V TO EXIST IN CURRENT OR FUTURE ELECTRICAL TRANSMISSION CORRIDORS, WITHIN OR ' H BE PLACED UNDERGROUND. SHALL BE RELEASED AND EXCHANGED BY THIS PLAT. � ROADWAY EASEMENTS SHALL BE RELEASED AND EXCHANGED BY THIS PLAT. EXISTING PUBLIC SEWER EASEMENTS AS SHOWN ON MAPS &PLATS 63128 E INSTRUMENT (SEQUENCE # /,� SPRINGS DRIVE ►IN BOULEVARD INDMILL " DOVE Woumyaam REZORT � o0 C.A. "C" i1 o p 62/7'T � � o 00-11, _ 2 - " " o� ©� COA M AP 63/28 o L o oa w w - LOS SAGUAROS DRIVE C. A. A I %V"f I-I %I V. %.f &-I# \VI \ I ARROYO ENGINEERING REGISTERED ENGINEER NO. 18683 STATE OF ARIZONA RECORDING DATA STATE OF ARIZONA � S.S. COUNTY OF PIMA THIS INSTRUMENT WAS FILED FOR RE( ENGINEERING, INC., ON THIS D� SEQUENCE N0. F. ANN RODRI GUEZ PIMA COUNTY RECORDER BY DEPUTY UA A J "A MARANA TOWN /SUBDIVISION ENGINEER w MARANA PLANNING DIRECTOR lI------------------- - - - - -- HEREBY CERTIFY THAT THIS PLAT WAS TOWN OF MARANA ON THE ____ DAY � DOVE MOUNTAIN BOULEVARD 00/0 3r /(mD G� LOT 6 8876 SF te r' ` G 6 - � LOT 7 88 76 SF 5 /6� c5 gyp(/ G �p�, cn ry � G / LOT 8 � O 88 76 SF o, LOT 9 C) 0 � 9134 SF LOT 58 J o, �� ►� P' �1 9134 SF LOT 9 v �, 8876 SF o P s LOT 57 s >• 9134 SF _ ' � o• B LOT 56 / �,`� , �9� 9134 SF / <0 o , / LOT 55 9134 SF ./ COMMON AREA C (OPEN /DRAINAGE) / "� X63• �, ✓vI It X846 SF 0 0 N 0 ,0 h� O IL Q' LOT 18 �o O 8027 SF ►� C 109 • s ! / O , s r / LOT 19 802 7 SF / LOT 47 8474 SF CIO LOT 20 ^� so- 8027SF s LOT 46 8222 SF moo mss- , • / s� r �6 moo LOT 21 8424 SF LOT 45 � 8027 SF LOT 22 C, 8610 SF LOT 44 8027 SF L22 �s LOT 23 8610 SF I r B LOT 43 L23 / � � 8450 SF � � 9554 SF L ► COMMON AREA C (OPEN /DRAINAGE) �S • , W '� LOT 36 >• 5.51 J , 8027 SF O s, 21 \ G �O • 6� / LOT 35 8027 SF CZ, LOT 31 3 / N 60 R. �� s 11115 SF -�• s ; bo N ib _ N O n O / LOT 34 5 10161 SF \ CP G p �, '0 P� �L s cop, �� D� G� \ J R) ' I (E s� / �• <O� 8014 SF 021 kJo BLOCK 0 0 3 6�• � S �� 1493 SF o,s ; LOT 33 �` 8182 SF ° (WATER S TE) .\ L20 \ CPO t, / Q 100 = 65 CFS ' W (ON -SITE) 61 13 6 " » COMMON AREA C �-� BLOCK 2 c � (OPEN /DRAINAGE) 2 4 7 6, L56 � �' BLOCK "7" � � 96- � � ., �0 35. /N N67' 14 C) a 0 N 0 / 0 tK �NK O� LOT 63 13113 SF LOT 62 12285 SF s� �i •os� F 13�08 W O << Co o,00 ri i I nor 116 15300 SF Al� / � P LOT 65 a / ��' SVT 13208 SF P� v p0 L71 0� / G / s / � J / / t , L70 otK LOT 66 14093 SF 4 It It tK ms � �� Vic, s oo �. F 'yam 4 LOT 124 13866 SF G 0� �0 �9 06,E v C) ° 0 t • gy p, rn 00 N 0 „� LOT 7( N 0 12600 / s sue, o, 1 LOT 71 12874 SF �s C228 N � LOT 72 / Q 15810 SF � 5 25 O •5� o S 65 \J 1 0 , 1 &3s83- - / 5 - - - 60' R »C» n \ C\I COMMON AREA r `N Q 100 - 89 CFS 1-7 ( OPENIDRAINAGE) l o F C ") 6705S o\ p � � 50 c� \ o \ YR. F.P.L. /n m i l i ii i it w \'J� �j \ \ �/�, �♦ �_ �i: 0 C,� 00 L cn LOT 105 13811 SF COMMON AREA "F" (OPEN /DRAINAGE) 89395 SF LOT 9. eoo� ,:�A n m� • � LOT 95 LOT 96 � v�1 fin\ O V O IZA IZA QQ 0 It o � O CN J � o cam\ � \ w d- p w� d' N � N � w Z w w 00 w J z , 181. $2 � 3 m fi g 44 l000k owillillillilillIIIIIIIIIIIIIIIIIIIIIIillillilllllllllllllllllillilillill o llI ,10 � N1 ililill0000 53 L1 cfl 0 J � 0 Q 0 � N J d- M« 9�, ros m ye 9 _ Z� •Zg - - L w rn Oo � w � � o 000 Z W Q N( ^� O � z 01410 Q LC) � �b N.-I s \ G \ Regular Council Meetin June 5, 2012 - Page 81 of 126 LL- � (n \ \ � • 0 - -�i J� 4 eiv, 0 101 Ila N N \ O � J d- `V 4 J � . o � ^� a s � / Q100 5321 CFS L l "A/ 3 y 100 YR. F. P. L. - / C) (EX./DEV.)/ a N c�aILILIERY GOILF CCU i FEMA 'AD" LIMIT FEMA AO / N o F.P.L. LIMIT BLOCK � -6 57,699 cSF / N7g4 COMMON AREA "G" (OPEN SPACE) / / / 5H �P / Y l N O COMMON AREA (OVEN /DRAINAGE) ° c° 0 L N o OJ \ J J ts 400 400e Oil A lp Oak- LOT 83 CIO V w J IYj Regular Council Meeting - June 5, 2012 - Page 84 of 126 < <sz < is . a • une 5, 2012 - Page 85 of 126 1 \ I 1 I 1 JI CJ� 2 � W 1 w V M O W J "lJ 0 ^ a Regular Council Meeting - June 5, 2012 - Page 86 of 126 (D CQ a 7 U %Z U o oa VaDffo 44 076 4297 COMMON AREA "G" (OPEN SPACE) 1/ 1.) /b,S. UU /U.4U °0732" 1163.00 83.74 °06'49 " 50.00 37.62 ' °44'43" 50.00 66.97 °34'39 50.00 44.14 °38'02 " 50.00 52.04 ° 16'15 " 50.00 69.18 °09'02 1637.00 90.01 °09'02 1637.00 90.01 °09'02" 1637.00 90.01 °09'02" 1637.00 90.01 °09'02 0 1637.00 90.01 33'54" N 273.00 136.10 ' 0 36'32 " 25.00 33.86 0 22' 18 " co 227.00 132.22 °05' 19 " 1777.00 33.77 °00'00 25.00 39.27 0 24' 16 " 977.00 92.15 � °00'00" 25.00 39.27 °0732 1023.00 73.66 ° 11'13" 1023.00 92.61 36'07" 1163.00 52.81 53'24" 25.00 40.53 0 24'15 1637.00 40.12 °11 '51 " 1163.00 105.50 °00'00" 25.00 39.27 °00'00" 25.00 39.27 °42'20" 1023.00 66.16 ' 0 36'07" 1023.00 46.45 ' 0 22'29 " 25.00 38.12 ' °26'01 " 60.00 30.82 '° 12'17" 60.00 44.20 ' °20'02" 60.00 8.73 °00'00" 25.00 39.27 51 '48" 400.00 131.69 °42'22" 60.00 37.39 °29'33" 575.00 14.98 '° 15'24 " 25.00 24.98 0 16'05 " 575.00 12.73 TAGGED RLS 19833 � � O �o OOH i i MARANA 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, June 5,2012,7:00 PM To: Mayor and Council Item C 8 From: Jane Fairall, Deputy Town Attorney Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2012 -35: Relating to Animal Control; approving and authorizing the Mayor to execute an intergovernmental agreement with Pima County for the provision of animal control services within the Town of Marana Discussion: The Town of Marana and Pima County have for many years had an ongoing intergovernmental agreement for the provision of animal control services by Pima County within the Town limits of Marana. All violations of the Town Code are cited into the Marana Municipal Court and prosecuted by the Town's Legal Department. The Town retains all fines imposed in those cases. Pima Animal Care Center collects license and kennel fees for animals within Marana and applies those fees to the cost to the Town for animal control services. The most recent IGA between the Town and the County was effective July 1, 2010 and expires at the end of the current fiscal year, on June 30, 2012. Until 2005, the intergovernmental agreement provided for a $10,000 cap in the cost of services. Beginning with an amendment approved in 2005 due to a potential funding deficit, Pima County required modification of the financing provisions to account for and reconcile all receipts and expenses each fiscal year beginning in FY 2005 -06. Under this revised payment model, if the Town's expenses under the agreement exceed the annual Town receipts, the Town is required to deposit funds sufficient to cover the Town deficit in the Pima County Rabies Control Fund within thirty days after an official request for funds is made. Conversely, if there is a Town surplus in the Rabies Control Fund, the surplus is refunded to the Town. The proposed IGA covers the time period of July 1, 2012 through June 30, 2014 and follows the same funding model as has been followed since 2005. The Town's expenses for animal control services have significantly increased since 2005 as follows: FY 04 -05 $10,000.00 (cap) FY 05-06 $28 FY 06 -07 [$6,524.00] (credit) FY 07 -08 $6 FY 08 -09 $27 Regular Council Meeting - June 5, 2012 - Page 89 of 126 FY 09 -10 $48,576.10 FY 10 -11 $47 Due to the increased costs to the Town as well as errors discovered during an audit and investigation of the FY 08 -09 billing, the Town requested several modifications to the County's standard IGA when it was renewed in 2010 for the July 1, 2010 to June 30, 2012 time period. Specifically, the parties agreed to the following changes to the IGA, all of which are once again included in the proposed IGA for the July 1, 2012 to June 30, 2014 time period: 1. Paragraph II (8) clarifies that the Town's expenses for animal control will be determined as a simple ratio of the services provided for the Town to the County's total animal control services provided. 2. Paragraph II (14) requires the County to provide quarterly statements to the Town indicating year -to -date revenues and expenses. 3. Paragraph II (16) requires the County to provide data extracts to the Town on a quarterly basis detailing records of requests for service within the Town and records of revenue attributed to the Town. 4. Paragraph II (19) clarifies that the Town will not be financially responsible for outreach and education events the County puts on in the Town unless those events are specifically requested by and held for the Town. Financial Impact: Due to the significant changes in billing from one fiscal year to another, it is difficult to estimate the financial impact of the IGA. ATTACHMENTS: Name: Description: Type: D Resolution 2012- 35 IGA doc.DOC Resolution No 2012 -35 Animal IGA Cover Memo 0 00030367.PDF Exhibit A - Animal Control IGA Exhibit Staff Recommendation: Staff recommends approval of the IGA with Pima County for the provision of animal control services. Suggested Motion: I move to adopt Resolution No. 2012 -35, approving and authorizing the Mayor to execute an intergovernmental agreement between the Town of Marana and Pima County for the provision of animal control services within the Town of Marana. Regular Council Meeting - June 5, 2012 - Page 90 of 126 MARANA RESOLUTION NO, 2012-35 RELATING TO ANIMAL CONTROL; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY FOR THE PROVISION OF ANIMAL CONTROL SERVICES WITHIN THE TOWN OF MARANA. WHEREAS the Town has been a party to an intergovernmental agreement with Pima County for many years, authorizing the County to perform animal control services within the Town limits; and WHEREAS pursuant to the agreement, Pima Animal Care Center collects license and kennel fees for animals within the Town and applies those fees to the County's actual costs to provide animal control services for the Town, the difference being the responsibility of the Town; and WHEREAS renewal of this intergovernmental agreement between the Town of Marana and Pima County will benefit the citizens of the Town of Marana and will be in the Town's best interest. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the intergovernmental agreement between the Town of Marana and Pima County, attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Mayor is hereby authorized and directed to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations and objectives of the aforementioned intergovernmental agreement. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 5th day of June, 2012. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regu1 %99Hgc�JA80 &- J - Page 91 of 126 JF 519112 INTERGOVERNMENTAL AGREEMENT FOR THE PROVISION OF ANIMAL CONTROL SERVICES BETWEEN THE TOWN OF MAR..A.NA AND PIMA COUNTY This Intergovernmental Agreement ( "Agreement ") is entered into between the Town of Marana, a municipal corporation, hereinafter referred to as "TOWN ", and Pima County, a political subdivision of the State of Arizona, hereinafter referred to as "COUNTY'. I. RECITALS: WHEREAS, the Town Council of the TOWN desires to enter into an Agreement with COUNTY for the provision of animal control services relating to enforcement of leash law ordinances, biting dog ordinances, animal cruelty ordinances and to provide for the impoundment and sheltering of stray animals; and WHEREAS, the COUNTY has trained personnel capable of enforcing the TOWN Animal Control Ordinances and has facilities for the impoundment and sheltering of stray animals; and WHEREAS, the COUNTY is engaged in certain activities relating to the operation of a COUNTY pound, vaccination and rabies control, stray animal impoundment, including an Animal Care Center, and is therefore presently able to provide assistance and services to the TOWN for animal control purposes; and WHEREAS, in accordance with A.R.S. § 11-951 et. seq., the TOWN and COUNTY are authorized to enter into this Intergovernmental Agreement. NOW, THEREFORE, the TOWN and COUNTY agree as follows: II. PARTIES OBLIGATIONS: 1. The County Enforcement Agent, herein designated by COUNTY to be Pima Animal Care Center, and all employees thereunder, shall be referred to herein as "Town Enforcement Agents ". 2. The Town Enforcement Agents shall administer and enforce the provisions of the Marana Animal Control Code, applicable state laws and all services related thereunder, including such amendments to said laws as may be passed from time to time. 3. For the purpose of this Agreement, that certain Ordinance known as the Town of Marana Animal Control ordinance is hereby adopted and made a part of this Agreement by reference as if specifically set forth herein. Town of Marana - PACC 2012.doe Regular Council Meeting - June 5, 2012 - Page 92 of 126 4. The Town Enforcement Agents shall be granted those limited police powers necessary to carry out duties imposed by this Agreement, together with any powers necessary for such agents to engage in the vaccination, licensing and other activities arising from their duties as Town Enforcement Agents. 5. The services performed under this Agreement shall be carried out in accordance with Pima Animal Care Center Policies and Procedures, and the desires of the COUNTY and TOWN as such desires may be expressed from time to time by the Pima County Board of Supervisors or the Town Council of Marana. Such scope of service level requirements shall be revised, if necessary, in accordance with availability of funds allocated for animal control purposes by the TOWN. Any such revision shall be in the form of a written amendment to this Agreement. 6. The TOWN Prosecutor shall prosecute all criminal matters and the Marana Magistrate Court shall handle criminal and civil matters arising out of the enforcement of the Marana Animal Control Code, as amended, pursuant to this Agreement. All fines collected by the Marana Magistrate Court as a result of the enforcement of the Marana Animal Control Code, shall be the property of the TOWN, and the TOWN shall be entitled to use the funds for its purposes. 7. The Town Enforcement Agents, acting under this Agreement within the jurisdictional limits of the TOWN, shall collect animal licensing and kennel fees and such fees as may be required under the Marana Animal Control Code and/or state statutes, including but not limited to A.R. S. § 11 -1011 et. seq. All licensing, impound, adoption and other fees as may be required under the Marana Animal Control Code and state statutes collected by COUNTY on TOWN's behalf shall be credited in their entirety to the TOWN and applied to TOWN's expenses incurred pursuant to this Agreement. 8. TOWN'S expenses for licensing, kennels and enforcement services and associated administrative costs provided by COUNTY pursuant to this Agreement shall be determined by the ratio of receipts processed, animals handled and enforcement calls completed by COUNTY for TOWN to the total licensing, kennel and enforcement services processed by COUNTY. 9. The TOWN shall be extended cooperation and access to documents relating to the Pima Animal Care Center's operations in TOWN. 10. Persons employed by the COUNTY in performance of services and functions pursuant to this Agreement shall have no claim to pension, civil service or other employees' rights granted by the TOWN to its officers and employees. 11. The Parties stipulate and agree that COUNTY is not an employee of the TOWN, and is performing its duties hereunder as an independent contractor, supplying its own employees, and maintaining its own insurance, worker's compensation and internal accounting. The TOWN in no way controls, directs or supervises the actions of the COUNTY under this Agreement. 12. The cost of services charged to TOWN by COUNTY under this Agreement shall include those costs associated with the use and access to certain departments within the COUNTY Town of Marana - I'ACC 20I2.doc 2 Regular Council Meeting - June 5, 2012 - Page 93 of 126 by the Town Enforcement Agents, which use and access is necessary for the performance of services and functions pursuant to this Agreement, including but not limited to: (a) Pima County Health Care System; (b) Pima County Health Department; (c) Pima County Facilities Management Department; (d) Pima County Automotive Services Department; (e) Pima County Transportation & Flood Control Department; (f} Wastewater Management Department; and (g) Pima County Information Services Department 13. The COUNTY shall credit the monies collected on the TO"'s behalf under paragraph 7 of this Agreement to the Pima County Rabies Control Fund, as established pursuant to A.R.S. § 111011. 14. During the term of this Agreement, the COUNTY, through its Health Department Director, shall submit to the TOWN on quarterly basis a statement of year -to -date revenues and expenses for the TOWN pursuant to this Agreement and year -to -date revenues and expenses for the Pima County Rabies Control Fund. The quarterly statements shall include the following: a. By jurisdiction, a statement of period -end and year -to -date revenues and expenses b. By jurisdiction, the number and types of receipts issued, the number of animals handled, the number of presentations made to community and school organizations for which the TOWN is financially responsible pursuant to paragraph 19 below, and the number of dispatched enforcement calls C. The total Pima County Animal Care adopted budget, including operating revenues by revenue source and operating expense by type of expense d. The projected year -end balance for the Pima County Rabies Control Fund, including any projected surplus or deficit for the TO" 15. COUNTY will also provide TOWN with a final reconciliation and Financial Report for the Pima County Rabies Control Fund on or before September 30 for the fiscal year covered by this Agreement. This report shall contain the same information enumerated in paragraph 14 of this Agreement. 16. COUNTY will also provide to TOWN on a quarterly basis a data extract or extracts in an agreed upon file layout containing detailed information regarding records of requests for services and records of revenue attributed to TOWN. This report shall include the following: a. Dates of dispatched enforcement calls b. Activity types of dispatched enforcement calls (e.g., leash law, stray) `l'own of Marana - PACC 2012.doe 3 Regular Council Meeting - June 5, 2012 - Page 94 of 126 C. Physical address of response site d. Dates of issuance of licenses e. Types of licenses issued f. Payment received for each license issued 17. If TOWN expenses exceed TOWN revenues for a given fiscal year, TOWN shall remit payment in the amount of the revenue deficit to COUNTY for deposit in the Pima County Rabies Control Fund within thirty (30) days after TOWN's receipt of COUNTY's final reconciliation and Financial Report, as described in paragraph 15 of this Agreement. Interest at the legal rate of ten per cent per annum, as stated by A.R.S. § 44-1201 shall accrue on any balance not paid within this time period, unless the TOWN submits a written notice to COUNTY disputing the amount due within 30 days after TOWN's receipt of COUNTY's final reconciliation and Financial Report. Upon receipt of the TOWN's written notice, the COUNTY and the TOWN shall work cooperatively to reach prompt resolution of the dispute. 18. If TOWN revenues collected exceed TOWN expenses for a given fiscal year, COUNTY shall refund the surplus amount to TOWN within thirty (30) days after TOWN's receipt of COUNTY's final reconciliation and Financial Deport, as described in paragraph 15 of this Agreement. 19. COUNTY shall not bill TOWN and TOWN shall not be responsible for the cost of outreach and education events performed by COUNTY in the TOWN'S corporate limits unless the outreach and education event is specifically requested by and held for TOWN. All other outreach and education events, such as school events, are not the financial responsibility of TOWN. III. PURATION AND EFFECTIVE DATE: The term of this Agreement shall become effective July 1, 2012 and shall continue until June 30, 2014. IV. WORKERS' COMPENSATION: Each Party shall comply with the notice provisions of A.R.S. § 23- 1022(E), advising employees who provide services pursuant to this Agreement that they are deemed by the laws of Arizona to be employees of both public agencies for the purposes of workers' compensation. V. INDEMNIFICATION: Each party (as `indemnitor') agrees to indemnify, defend, and hold harmless the other Party (as `indemnitee') from and against any and all claims, losses, liability, costs, or expenses (including reasonable attorney's fees) (hereinafter collectively referred to as `claims') arising out of bodily `town of Marana - l'ACC 20 f 2.doc 4 Regular Council Meeting - June 5, 2012 - Page 95 of 126 injury of any person (including death) or property damage, but only to the extent that such claims which result in vicarious /derivative liability to the indemnitee are caused by the act, omission, negligence, misconduct, or other fault of the indemnitor, its officers, officials, agents, employees, or volunteers. VI. NON- DISCRIMINATION: The Parties agrees to comply with all provisions and requirements of Arizona Executive Order 2009-09 including flow down of all provisions and recluirements to any subcontractors. Executive order 2009 -09 supersedes Executive order 99 -4 and amends Executive order 75 -5 and may be viewed and downloaded at the Governor of the State of Arizona's website bttp ldrnslu loadll O 2009 09 which is hereby incorporated into this Agreement as if set forth in full herein. During the performance of this Agreement, the Parties shall not discriminate against any employee, client or any other individual in any way because of that person's age, race, creed, color, religion, sex, disability or national origin. VII. AMERICANS WITH DISABILITIES ACT: The Parties shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101 -1 2213) and all applicable federal regulations under the Act, including 28 CF R Parts 35 and 36. VIII. APPLICABLE LAW: This Agreement and all obligations upon the CotNTY or TOWN arising therefrom shall be subject to any limitations of budget law or other applicable local law or regulation. The Parties hereto shall comply with all applicable federal, state and local statutes, ordinances, regulations, rules, standards and executive orders. Ix. TERMINATION: This Agreement may be terminated by either Party, with or without cause, upon sixty (60) days written notice. Upon termination, a final statement shall be sent to the TOWN by the Pima County Animal Care Center. within thirty (3 0) days of receipt thereof, the TOWN shall tender payment of any deficit or the Pima County Animal Care Center shall tender payment of any surplus. X. ASSIGNMENT: Any assignment or attempted assignment of this Agreement by either Party without the prior written consent of the other Party shall be void. XI, NON- WAIVER: The failure of either Party to insist upon the complete performance of any of the terms and provisions of this Agreement to be performed on the part of the other, or to take any action permitted as a result thereof, shall not constitute a waiver or relinquishment of the right to insist upon full and complete performance of the same, or any other covenant or condition, either in the past or in the future. Town of Marana - PACC 2012.doc 5 Regular Council Meeting - June 5, 2012 - Page 96 of 126 The acceptance by either Party of sums less than may be due and owing it at any time shall not constitute an accord and satisfaction. .'III. CONFLICT OF INTEREST: This Agreement is subject to the provisions of A.R. S § 38-511. XIII. NON- APPROPRIATION: Notwithstanding any other provisions in this Agreement, this Agreement may be terminated with or without sixty (60) days notice if the Pima County Board of Supervisors or the Marana Town Council does not appropriate sufficient funds for the purpose of maintaining this Agreement. XIV. NON - WARRANTY: The Parties do not warrant their respective right or power to enter into this Agreement and if the same is declared null and void by court action initiated by third persons, there shall be no liability to the other Party by reason of such action or by reason of the Agreement. XV. NOTICES: Any notice required or permitted to be given under this Agreement shall be in writing and shall be served by personal delivery or by certified mail upon the other party as follows: COUNTY Director Pima County Health Department 3950 S. Country Club, Ste. 100 Tucson, Al 85714 TOWN OF MARANA Mayor Town of Marana 11555 W. Civic Center Dr. Bldg. Al Marana, AZ 85653 (520) 382 -1999 XVI. LEGAL ARIZONA WORKERS ACT COMPLIANCE: TOWN hereby warrants that it will at all times during the term of this Contract comply with all federal immigration laws applicable to TOWN'S employment of its employees, and with the requirements of A.R.S. § 23 -214 (A) (together the "State and Federal Immigration Laws "). TOWN shall further ensure that each subcontractor who performs any work for TOWN under this Contract likewise complies with the State and Federal Immigration Laws. COUNTY" shall have the right at any time to inspect the books and records of TOWN and any subcontractor in order to verify such party's compliance with the State and Federal Immigration Laws. Any breach of TOWN'S or any subcontractor's warranty of compliance with the State and Federal Immigration Laws or of any other provision of this section, shall be deemed to be a material breach of this Contract subjecting TOWN to penalties up to and including suspension or Town of Marana - I'ACC 2012,doe 6 Regular Council Meeting - June 5, 2012 - Page 97 of 126 termination of this Contract. If the breach is by a subcontractor, and the subcontract ct is suspended or ter ininated as a result, TOWN shall be required to tale such steps as may be necessary to either Self - perform perform tie services that would have been provided under the subcontract or retain a replacement subcontractor, as s oo n as po s s i b 1 e so as no t to de l ay prof ect comp l et 10 11, TOWN shall advise each subcontractor of COUNTY'S rights, and the subcontractor's obligations, under this Article by including a provision in each subcontract substantially in the l flowing owing form: "SUBCONTRACTOR hereby warrants that it will at all .tunes during the terra of this Contract comply with all federal immigration lags applicable to SUBCONTRACTOR'S employees, and with the requirements of A.R.S. § 23-214 (A). SUBCONTRACTOR further agrees that COUNTY may inspect the SUBCONTRACTOR" S books and records to insure that SUBCONTRACTOR is in compliance with these requirements. Any breach of this paragraph b SUBCONTRACTOR will be deemed to be a material breach of this Contract subjectin 4 U 1 I TR CT to penalties up to and including suspension or termination ation of this contract." Any additional costs attributable directly or i nd*1re tl y to remedial action under this Article shall be the responsibility of +1 W . In the event that remedial action tinder this Article results in delay to one or more tasks on the critical path of TOWN'S approved construction or critical milestones schedule, such period of dclay shall be deemed excusable delay for which TOWN sbal l be entitled to an extension of time, but not costs. XVIL SCRUTINIZED BUSINESS OPERATIONS: Pursuant to .1 . . §§ 35-391.06 and 393,06, TOWN hereby certifies that it does not have scrubnized business operations in Iran or Sudan. The s bn iiscion of a false certification by Contra for may result in action L11) to and including termination of this Contract. X III. GRANT COMPLIANCE: "Not Applicable XIX. ENTIRE AGREEMENT: This document contains the entire Agreement between the Parties and it inay not be rn o d i f i ed, amended, altered or extended except by a written amendment executed by both Parties,, IN WFFN1 WI4ERr O # the Parties hereto approvc this Intergovernmental Agreemem, IUI lFo S11101WS J`OW OF ARA Municipal Corporation: Rangy ji V a l ade # Chairman Date Mayor Pima County Board of Supervisors Town oi' hula ra na - 1 201 . doc 7 Date Regular Council Meeting - June 5, 2012 - Page 98 of 126 F C lerk of the Board M'tI 1IA I W XODYA FAU ManI Date to TO W n C l e rk D e partme nt Mead Date di IP r d . . r ■ . t t a • r * ■ Ip r a + * r � r r P u rs u alit to ., ■ § 1 D, th e attorney fo r the To wn o t Marana has d t yn i 1 11 C d t liat t h e foregoing Intergovernmental A reem nt is in proper form an i s within the powers Wid a of the entity as granted under the laws of the State4 Legal Cotinsel, Town of Marana D ate D ate Pursuant to . . S. § 11- 2(D), the attorney for Pima County has determined that the Foregoing Intergovernmental Agreement is in proper Form and is within the powers and authonjty of the entity as granted under th e tracers of the t to. wi�vm D pift y COUnly Attorney, Pima Co I'own of Marana - I�ACC 2012.diDe Date 0 Regular Council Meeting - June 5, 2012 - Page 99 of 126 i i MARANA 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, June 5,2012,7:00 PM To: Mayor and Council Item C 9 From: Jennifer Mangialardi, Agenda Clerk Strategic Plan Focus Area: Not Applicable Subject: Minutes of the May 15, 2012 regular meeting Discussion: ATTACHMENTS: Name: Description: 0 05 -15- Type: 2012 Reaular Meetina Minutes Draft.doc May 15 meeting minutes Cover Memo Staff Recommendation: Suggested Motion: Regular Council Meeting - June 5, 2012 - Page 100 of 126 m MARAN J 1 .i � •1 •�.LF•1 � � REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, May 15, 2012, at or after 7:00 PM Ed Honea, Ma Patti Comerford, Vic David Bowen, Counci Herb Kai, Council r Carol McGorray, Couni Jon Post, Council l\ Roxanne Ziegler, Coun Regular Council Meeting - June 5, 2012 - Page 1Ngy1g' 2012 Council Meeting Minutes 1 the art $30M Veteran's Administration nursing facility in South Tucson for senior veterans or veterans who have been severely injured; and last Monday he was a guest on Wake -Up Tucson. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS. Gilbert Davidson reported that the Council Executive Report was placed on the dais. He also noted that Mr. Ellis would be reporting on a special event planned for the Heritage Park. PRESENTATIONS B 1: f Marana Town Council acting as the Gladden Farms Communitv Facilities District Board of Directors]: A Resolution of the District Board of Gladden Farms Community Facilities District. a Community Facilities District of Arizona. annrovina a tentative budget for fiscal year 2012 -2013 pursuant to ARS §48-716; setting a public hearing date on said tentative budget; filing statements and estimates of the operation and maintenance expenses of the district, the costs of capital improvements to be financed by the approved ad valorem tax levy, and the amount of all other expenditures for public infrastructure and enhanced municipal services Regular Council Meeting - June 5, 2012 - Page 1(J gyjg' 2012 Council Meeting Minutes 2 proposed to be paid from the tax levy and of the amount to be raised to pay general obligation bonds of the district, all of which shall be provided for by the levy and collection of ad valorem taxes on the assessed value of all the real and personal property in the district; providing for notice of filing the statements and estimates, and notice of a public hearing on the portions of the statements and estimates not relating to debt service on general obligation bonds; and providing that this resolution shall be effective after its passage and approval according to law. Presented by Erik Montague. Motion to adopt the tentative budget for FY 2012 - 2013 in the amount of $1,783,553 by Board Member McGo rray, second by Board Member Post. Passed unanimously. B 2: FMarana Town Council acting as the Gladden Farms (Phase II) Community Facilities District Board of Directors] : A Resolution of the District Board of Gladden Farms (Phase III Community Facilities District, a Community Facilities District of Arizona, approving a tentative budget for fiscal year 2012 -2013 pursuant to ARS §48-716; setting a public hearing date on said tentative budget; filing statements and estimates of the operation and maintenance expenses of the district, the costs of capital improvements to be financed by the approved ad valorem tax levy, and the amount of all other expenditures for public infrastructure and enhanced municipal services proposed to be paid from the tax levy and of the amount to be raised to pay general obligation bonds of the district, all of which shall be provided for by the levy and collection of ad valorem taxes on the assessed value of all the real and personal property in the district; providing for notice of filing the statements and estimates, and notice of a public hearing on the portions of the statements and estimates not relating to debt service on general obligation bonds; and providing that this resolution shall be effective after its passage and approval according to law. Presented by Erik Montague. Motion to adopt the tentative budget for FY 2012 -2013 in the amount of $152 by Board Member McGorray, second by Board Member Post. Passed unanimously. t W Board Member McGorray sked if the developer were to sell the properties, would the CFD's run with the property? Mr. Montague responded that benefits and responsibilities of the CFD's would transfer to the new owner of the property. 4r "'q� IWf B 3: FMarana Town Council acting as the Saguaro Springs Community Facilities District Board of Directors] : A Resolution of the District Board of Saguaro Springs Community Facilities District, a Community Facilities District of Arizona, gpproving a tentative budget for fiscal 2012 - 2013 pursuant to ARS §48-716; setting a public hearing date on said tentative budget; filing statements and estimates of the operation and maintenance expenses of the district, the costs of capital improvements to be financed by the approved ad valorem tax levy, and the amount of all other expenditures for public infrastructure and enhanced municipal services proposed to be paid from the tax levy and of the amount to be raised to pay general obligation bonds of the district, all of which shall be provided for by the levy and collection of ad valorem taxes on the assessed value of all the real and personal property in the district; providing for notice of filing the statements and estimates, and notice of a public hearing on the portions of the statements and estimates not relating to debt service on general obligation bonds; and providing that this resolution shall be effective after its passage and approval according to law. Presented by Erik Montague. Motion to adopt the tentative budget for FY 2012 -2013 in the amount of $2,698,250 by Board Member McGorray, second by Board Member Post. Passed unanimously. Regular Council Meeting - June 5, 2012 - Page 1 Ngy 2012 Council Meeting Minutes 3 A 2: Resolution No. 2012 -28: Presentation: Relating to Budget; adopting the fiscal year 2012- 2013 tentative budget. Presented by Erik Montague as the culmination of much effort since January, 2012. He noted that the tentative budget establishes the overall spending limits for FY 2012 -2013 of about $81.9M, which is a reduction of the current adopted budget of almost $127M or about a $45M change or 35%. The majority of the change is related to a reduction of some budget capacity related to capital projects. If approved this evening, this will establish the overall spending limit for the town for next year. An area of interest and focus is the general fund and general fund reserves. The budget before Council is a true balanced budget; revenues Regular Council Meeting - June 5, 2012 - Page 1 Algy 2012 Council Meeting Minutes 4 equal expenditures and all transfers in and out. It does anticipate, consistent with what was presented earlier in the year, was a strategy on how to deal with the additional one cent of contracting sales tax. For the last number of years, instead of having one cent in the general fund and three cents in the transportation fund as part of the balancing mechanism to work through the recession, we allocated one full additional cent out of the transportation fund to the general fund. The tentative budget transfer is one half of that one cent back. The strategy is half this year, half next budget cycle to get out of overly relying on those revenue sources. It does establish a contingency of about $1.5M, and staff is suggesting a slight shift in the amount of the contingency that's budgeted, and instead of just a haphazard number of $1 M, a peg balance of five percent of next year's appropriation for more consistency would be established. Providing for contingency still requires Council approval. Should an event occur, staff would come before you to ask for that to be approved; budget capacity is there. Mr. Montague noted that the contingency funds have been used in the past, the most recent was to settle a lawsuit related to the Honea Heights area of about $600K. The contingency fund is for emergency capacity should an event occur and gives staff the actual spending authority to react to that event. It's not intended to be a balancing mechanism. The reserves are really the rainy day funds. So any use of the contingency would reduce the amount of reserves but it would not be replenished. Use of the contingency reserves is on a very conservative basis. The authorized positions for consideration are included in the sheet — 312.33. There are a number of part -time positions. From FY 2012, it's an increase of a little over three positions. Five positions were added, but there were also shifts in changes in existing positions. Staff is asking to increase the FTE by one, related to a change of adding a Grade 4 operator for the wastewater treatment plant. Staff is anticipating no cost impact change related to that. Mr. Montague then briefed the Council on the sources and uses for the budget. He summarized that the overall expenditure limitation for FY 2013 is $81.9M and incorporates the Marana economic recovery plan and continues core services. Prior to adoption of the final budget, expenditures can be reduced or moved around, but no increase in the overall amount can occur. If the tentative budget is approved, it will be published as required by statute, giving notice of the public hearing for the final budget on June 19 2012. Council Member Bowen asked how money is shifted in the budget. Mr. Montague responded that for the 2013 budget, it would be administratively only. He and the town manager would consult on what shifts or changes would be made. In past practice, a summary of changes, or reconciliation has been provided to Council, rather than bringing each change before Council. If money was moved between departments or between funds or if there was a need to use contingency funds, then staff would come back to Council. Motion to adopt the FY 2012 -2013 tentative budget by Council Member McGorray, second by Vice Mayor Comerford. Passed unanimously. live ITEMS FOR DISCUSSION /POSSIBLE ACTION D 1: 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. Presented by Del Post, who addressed Council noting that the Legislature has closed and the Governor signed the budget. Staff scheduled time on June 5, 2012 for the lobbyists to come to Council and give an overview of the legislative session and respond to any questions from Council. Mayor Honea noted that the Governor did sign HB 2826, the consolidated elections bill, which means that all elections, Regular Council Meeting - June 5, 2012 - Page 1 Aly1g, 2012 Council Meeting Minutes 5 unless challenged in the courts, will be held in even years in September and November starting in 2014. EXECUTIVE SESSIONS. Motion to go into Executive Session on item E.2 by Council Member Post, second by Council Member McGorray. Passed unanimously. E 1: Executive Session pursuant to A.R.S. §38- 431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. Jocelyn C. Bronson, Town Clerk Regular Council Meeting - June 5, 2012 - Page 1 &4gy 2012 Council Meeting Minutes 6 i i MARANA 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, June 5,2012,7:00 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 a new Series 10 (Beer and Wine Store) liquor license application submitted by Clare Hollie Abel on behalf of Wal -Mart Market #3142, located at 3900 W. Ina Road. Discussion: The application is for a new Series 10 (Beer and Wine Store) liquor license application submitted by Clare Hollie Abel on behalf of Wal -Mart Market #3142, located at 3900 W. Ina Road. Pursuant to state law, the application was posted at the premises where the business is to be conducted. The posted notice provided that residents within a one mile radius from the premises may file written arguments in favor of or opposed to the issuance of the license with the Town Clerk's Office within 20 days of the posting. As of May 21st, no written arguments were received by the Clerk's Office for or against the proposed liquor license. The town's Building, Planning and Legal Departments have reviewed this application to determine whether the applicant is in compliance with zoning, building and other legal requirements for the business. Additionally, the Marana Police Department has conducted a local background check. All departments found the applicant to be in compliance and have no objections to the issuance of this license. The Town Council must enter an order recommending approval or disapproval of the application within 60 days after filing of the application. By state statute, "in all proceedings before the town council, the applicant bears the burden of showing that the public convenience requires and that the best interests of the community will be substantially served by the issuance of a license." If the Council's recommendation is for disapproval, the order must include an attachment stating the specific reasons for the recommendation of disapproval and including a summary of the testimony or other evidence supporting the recommendation. If the Council enters an order recommending approval of the application, then no hearing before the Arizona state liquor board will take place, unless the director of the DLLC, the liquor board or a resident within a one mile radius from the premises requests a hearing. If the Council enters an order recommending disapproval of the application or does not submit a recommendation to Regular Council Meeting - June 5, 2012 - Page 107 of 126 the DLLC within the 60 -day time period, or if the director, board or a resident within a one mile radius from the premises requests a hearing, then the state board will hold a hearing regarding the application. At the hearing, the state board will consider all evidence and testimony in favor of or opposed to the granting of the license. The decision of the board to either grant or deny an application will normally take place within 105 days after the application has been filed, unless the director of the DLLC deems it necessary to extend the time period. ATTACHMENTS: Name: ❑ Use Form LGB Recommendation.pdf Description: Type: LGB Recommendation not signed Cover Memo ❑ Affidavit of Posting.pdf Walmart LL supporting documents for Liquor Cover Memo License ❑ LIQUOR LICENSE DESCRIPTION ATTACHMENT.DOC Liquor License Descriptions Cover Memo Staff Recommendation: Staff recommends that an order recommending approval be submitted to the DLLC for this liquor license application. Suggested Motion: OPTION 1: I move to adopt an order recommending approval of a new Series 10 (Beer and Wine Store) liquor license application submitted by Clare Hollie Abel on behalf of WalOMart Market #3142, located at 3900 W. Ina Road. OPTION 2: I move to adopt an order recommending disapproval of anew Series 10(Beer and Wine Store) liquor license application submitted by Clare Hollie Abel on behalf of Wal -Mart Market #3142, located at 3900 W. Ina Road. Regular Council Meeting - June 5, 2012 - Page 108 of 126 Print Form Arizona Department of Liquor Licenses and Control 800 West Washington, 5th Floor Phoenix, Arizona 85007 www.azliquor.gov 602- 542 -5141 LOCAL GOVERNING BODY RECOMMENDATION MA RASA 06100154 ITI� 1� � STATE APPLI PIMA CO UNTY T F f ARIZONA. ITY T W N/CO U PVT # LL 01 - 0 ORDER # Re Marar�a Tern Coun A t � r n � �� th e of the C it rITo ou my (Regular or Special) ( Body) Marana 5th Ju 2 01 2 of h eld on the day of the (Day) (Month) (Year Clare Hollie Abel application of 10103654 the premises described in Application # considered as provided her Title 4, A.R.S. as amended. Clara Hollis Abel IT IS THEREFORE ORDERED that the APPLICATION of for a license to sell s pirituous liquors at 10 License Class Series a is hereby recommended for (approva I /disapprova I) a license to sell spirituous liquors of the class, and in the manner designated in the Application. IT I S Fly RTHER 0 RD ERE C that a Certified Copy of t is Order be irr med iate ly transmitted to the Department of Liquor Licenses and Control f Licensing D1vi ion, Rhoen ix, Arizona. DATED AT Mararra, Arizona 5th June This d ay of I is 1 007 05/ .2004 (Mont (Year CITY OWN�CDLJNTY CLERK * Disabled individuals requiring special accommodations please cal the Department 201 Regular Council Meeting - June 5, 2012 - Page 109 of 126 Department of Liquor Licenses and Control Descriptions of Common Types of Liquor Licenses Corioc ng Ror This liquor license is transferable from person to person and /or location to location within the same county only and allows the holder both on- & off -sale retail privileges. This license allows a bar retailer to sell and serve spirituous liquors, primarily by individual portions, to be consumed on the premises and in the original container for consumption on or off the premises. A retailer with off -sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery. Off -sale ( "To Go ") package sales of spirituous liquor can be made on the bar premises as long as the area of off -sale operation does not utilize a separate entrance and exit from the ones provided for the bar. A hotel or motel with a Series 06 license may sell spirituous liquor in sealed containers in individual portions to its registered guests at any time by means of a minibar located in the guest rooms of registered guests. The registered guest must be at least twenty - one (21) years of age. Access to the minibar is by a key or magnetic card device and not furnished to a guest between the hours of 1:00 a.m. and 6:00 a.m. Monday through Saturday and 1:00 a.m. and 10:00 a.m. on Sundays. This is a quota license, which means there are no "new" Series 06 licenses available. It must be purchased privately and the price is based on availability in the county. Once a Series 06 has been purchased, the buyer must apply for a transfer to have the license put in his or her name, at the same or another location. Series 07 Beer and Wine Bar This liquor license is transferable from person to person and /or location to location within the same county only and allows the holder both on- & off -sale retail privileges. This license allows a beer and wine bar retailer to sell and serve beer and wine, primarily by individual portions, to be consumed on the premises and in the original container for consumption on or off the premises. A retailer with off -sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Off -sale ( "To Go ") package sales can be made on the bar premises as long as the area of off -sale operation does not utilize a separate entrance and exit from the one provided for the bar. Payment must be made no later than the time of delivery. This is a quota license, which means there are no "new" Series 07 licenses available. It must be purchased privately and the price is based on availability in the county. Once a Series 07 has been purchased, the buyer must apply for a transfer to have the license put in his or her name, at the same or another location. RegulTb@� 1 "e� - June 5, 2012 - Page 118 of 126 Department of Liquor Licenses and Control Descriptions of Common Types of Liquor Licenses Series 09 Liquor Store This liquor license is transferable from person to person and /or location to location within the same county only and allows the holder off -sale retail privileges. This license allows a spirituous liquor store retailer to sell all spirituous liquors, only in the original unbroken package, to be taken away from the premises of the retailer and consumed off the premises. A retailer with off - sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery. Series 10 Beer and Wine Store This non - transferable, off -sale retail privileges liquor license allows a retail store to sell beer and wine (no other spirituous liquors), only in the original unbroken package, to be taken away from the premises of the retailer and consumed off the premises. A retailer with off -sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery. Series 11 Hotel /Motel This non - transferable, on -sale retail privileges liquor license allows the holder of a hotel /motel license to sell and serve spirituous liquor solely for consumption on the premises of a hotel or motel that has a restaurant where food is served on the premises. The restaurant on the licensed premises must derive at least forty percent (40 %) of its gross revenue from the sale of food. The holder of this license may sell spirituous liquor in sealed containers in individual portions to its registered guests at any time by means of a minibar located in the guest rooms of registered guests. The registered guest must be at least twenty -one (21) years of age. Access to the minibar is by a key or magnetic card device and not furnished to a guest between the hours of 1:00 a.m. and 6:00 a.m. Monday through Saturday and 1:00 a.m. and 10:00 a.m. on Sundays. Series 12 Restaurant This non - transferable, on -sale retail privileges liquor license allows the holder of a restaurant license to sell and serve spirituous liquor solely for consumption on the premises of an establishment which derives at least forty percent (40 %) of its gross revenue from the sale of food. Failure to meet the 40% food requirement shall result in revocation of the license. RegulTb@� l "e� - June 5, 2012 - Page 119 of 126 i i MARANA 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, June 5,2012,7:00 PM To: Mayor and Council Item A 1 From: Tom Ellis Strategic Plan Focus Area: Commerce, Recreation Strategic Plan Focus Area - Additional Information: The 2012 Marana Strategic Plan identifies the need for for a "multi -use arena" and "multi -use event center" in the Commerce and Recreation Focus Areas. Sources of funding and on -going support for this development should be identified so that the arena /event center can become reality. The Recreation Focus Area identifies the development of the Bureau of Reclamation park site on Avra Valley Road and to identify resources to fully fund the project. Subject: Relating to support for the Pima County Sports and Recreation Authority Discussion: The Pima County Sports & Tourism Authority was established on April 1, 2008 by the Pima County Board of Supervisors as authorized by A.R.S. 11 -701 to improve the quality of life and increase economic opportunity in Pima County by fostering and supporting amateur and professional sports, and by coordinating with other municipalities, businesses and organizations to develop Pima County into an international sports tourism destination.The mission statement of the PCSTA is to foster, develop, promote and grow youth and amateur sporting events centered around existing facilities, and attract non - professional sporting events and audiences from outside the region to provide value to the people of Pima County.PCSTA continues efforts to bring professional sporting events such as Major League Soccer, Rugby, US and foreign baseball in order to both improve the quality of life in Pima County, and to provide high- visibility sports success stories to National and International audiences to demonstrate Pima County's unique qualities as a destination for Professional and Amateur sports events.PCSTA is committed to developing a community -wide vision for the role of sports and sports tourism in the economic development for Southern Arizona. The Board of Directors of the Pima County Sports Authority is required to call an election for the establishment of the Sports Authority District. The Sports Authority District is a separate corporate and politcal body independent of the stante and county with all rights and powers of a municipal corporation except to acquire property by eminient domain. The PCSTA anticipates a place on the ballot of the 2013 general election. Three ballot questions must be approved for authoriztion: 1) to form a new Authority; 2) to levy and collect excise taxes on retail activities, vehicle rentals, lodging, restaruants and bars, and professional sporting Regular Council Meeting - June 5, 2012 - Page 120 of 126 events; and , 3) to issue bonds to finance the construction, renovation, expansion or repair of Cactus League baseball stadums, youth sports, and multi purpose facilities. The proposed exise tax would be in addition to any state or local transaction privilege or excise tax. The referendum would tax sports and tourism related businesses on taxable activities as follows: car rentals at 0.35 %; hotels /motels at 0.45 %; restaurants and bars at 0.25 %; amusements and sporting events at 0.35 %; retail services 0.15 %. The revenues collected would be held by the PCSTA. Ten per cent of the funds collected would be directed for the purpose of promoting youth sports and recreation to generate tourism related revenue. A conditional enactment require as least two Major League Baseball franchises to enter into 10- year binding contracts within 6 years after the District is established. If this does not occur, then the tax rates are reduced by 50% and the revenues must be used exclusively for youth and amateur sports. Mayor Honea andtTown staff met with Mike Holmes, Executive Director of the PCSTA, on May 2 2012. Mr. Holmes discussed the activities of the PCSTA and the desire for a place for their quesitons on the 2013 general election balance. He has been visiting and presenting to the mayors and staff of the jurisdictions seeking support for PCSTA. The Town of Marana has several projects pending that could benefit from the potential support of PCSTA funds. The multi -event arena, including rodeo and equistrian activities, and the Bureau of Reclamation sports complex both fit the criteria for PCSTA funding. To demonstrate support for the Pima County Sports and Tourssm Authority's activities and to assist the Authority in its on going activities, staff recommends contributing $40,000 towards their operation. Financial Impact: $40,000 from the general fund to support Pima County Sports and Tourism Authority's operation. ATTACHMENTS: Name: Description: Type: ❑ PCSTA Mission.pdf Pima County Sports and Tourism Authority Mission Cover Memo Staff Recommendation: Staff recommends support for the Pima County Sports and Tourism Authority with $40,000 to assist in funding their day to day operation. Suggested Motion: Council's pleasure Regular Council Meeting - June 5, 2012 - Page 121 of 126 PIM COUNTY Sports &Tourism Authority Mission Statement, Method, Kerr Tasks and Endst to Mission Statement The PCSTA improves the quality of life and increases economic opportunity in Pima County by fostering and supporting amateur and professional sports, and by coordinating with other municipalities, businesses and organizations to develop Pima County into an international .sports tourism destination. E111 0f h r, r4 P STA will pursue three broad lines of operation. Lines 41 and 42 support Line of Operation 43, the MAIN EFFORT. Lire of Operation #1. Continue to foster, develop, promote and grow arnateur sporting everts centered around our existing facilities, and publicize our successes using quantifiable metrics to demonstrate our value to the community. Line of Operation #2: Continue our efforts to bring non-traditional professional sporting events (i.e. Korean Baseball, Major League Soccer, etc... ), ALB exhibition and charity games, and AAA Baseball to provide high- visibiNty success stories to the Pima County community and to keep the unifying ideal of MLB Spring Training alive in Tucson. Line of Operation #3 (MAIN EFFORT): Educate and Inform the local population of the economic and community benefits to be gained by supporting the P STA Tax Referendum in November 2013. Key Tasks I. Passing the PSTA Tax Referendum in November 2013 2. Maintain or increase business at local sports facilities through 2013 3. Lead other organizations, groups and municipalities to develop a common vision for Pima County Sports & Tourism 4. Develop a priority list of Youth and Amateur Sports needs using the RTA model 5. Develop a Strategic Communications plan to support We will know we have been successful when the following conditions have been achieved: 0 Successful passage of the P STA Tax Referendum in NOV 2013 • Plana County has developed a strategy for deployment and allocation of facility assets $100 million in Pinta County annual business revenues directly attributable to P STA efforts Pima Counter is recognized as an international destination for amateur and professional sports Regular Council Meeting - June 5, 2012 - Page 122 of 126 Pima County Sports and Tourism Authority - Referendum Proceeds TOTAL REVENUE $IJ85,872 $655,890J79 ' Stadium Cost Estimate $250,000,000 $0 NET REVENUE for Youth and Amateur Sports $935,872,793 $655,890,179 EXAMPLE 2 assumes a total revenue growth of 6 per -gear, from the combination of inflation and growth. * Stadium cost estimate includes all financing and construction cosh, with no in-kind monies. Regular Council Meeting - June 5, 2012 - Page 123 of 126 EXAMPLE 2 With DALB Without MLB. Year 1 $15..000,000 $15, 000, 000 Year 2 15,900,000 15,900,000 Year 3 16,854,000 16,854 Year 4 17,865,240 17,865,240 Year 5 18 18 Year 6 20 20,073,384 Year 7 21, 277,787 21, 277,787 Year 8 22,554 11 Year 9 23,907,721 11,953,861 Year 10 25,342 12,671,092 Year 11 26,862,715 13,431,358 Year 12 28,474,478 14,237,239 Year 13 30,182,947 15,091,474 Year 14 31 15,996,962 Year 15 33,913,559 16,956,780 Year 16 35,948,373 17,974,186 Year 17 38,105 19,052,638 Year 18 40,391 20 Year 19 42,815,087 21,407,544 Year 20 45 22,691,996 Year 21 48,107,032 24,053,516 Year 22 50,993,454 25,496 Year 23 54,053,061 27,0260531 Year 24 57,296,245 28,648,122 Year 25 60,734 300367 Year 26 64,378,061 32,189,030 Year 27 6 8 0 240,,744 34,120,372 Year 28 72,335,189 36,167,595 Year 29 76,675,300 38,331 # 650 Year 30 81275 40,637,909 TOTAL REVENUE $IJ85,872 $655,890J79 ' Stadium Cost Estimate $250,000,000 $0 NET REVENUE for Youth and Amateur Sports $935,872,793 $655,890,179 EXAMPLE 2 assumes a total revenue growth of 6 per -gear, from the combination of inflation and growth. * Stadium cost estimate includes all financing and construction cosh, with no in-kind monies. Regular Council Meeting - June 5, 2012 - Page 123 of 126 PIMA NT SPORTS AND TOURISM AUTHORITY PROPOSED MEMBERSHIP LIST CURRENT MEMBER PROPOSED MEMBER Company TERM EXPIRATION NEW Justin Lanne Justin Lanne Grubb & Ellis Co, 41612012 41612014 Youth and Amateur Sports Youth and Amateur Sports Senior Vice President Edgar Soto Edgar Soto Pima Community college 4/612012 416/2014 Pima Community College- college Athletics Pima Community College- College Athletics Executive Director of Athletics Keith Alexander Keith Alexander Enterprise Rent -A -Car 2/912012 2/9/2014 Rental Car Industry Dental Car Industry Group Dental Manager Linda McNulty Linda McNulty Lewis and Roca LLP 3/31/2012 313112016 Private Sector Attroney Private Sector Attorney Partner Chair David J, Cohen David J. Cohen BeachFlei chman PC 3/31/2012 3/3112016 Private - Sector CPA- FinancelAccounting Private - Sector CPA- I"inance /Accoun inn Partner - CPA Vice-Chair Regan Jasper Regan Jasper Fox Restaurant Concepts 41612012 416/2014 Restaurant Industry Restaurant Industry Director of Hospitality & Beverage Rick Grinnell lick Grinnell Smart United Business Strategies 41612012 41612014 Small Business Small Business President Jahn Grabo John Graba U of A Office of University Research earch Parks 2/912012 21912014 Regional Economic Development Regional Econornic Development Director of Marketing & International Programs David Sition David Sitton The U of A Cagier Center 3/3112012 3131/2016 Youth Sports Youth Sports Global Marketing [director Rick Vaughan Vince Trinidad MTCVB - Tucson Sports 3/31/2012 313112016 Tourism Industry Tourism Industry Director Suzy Mason Suzy Mason University of Arizona 2/9/2012 21912014 University of Arizona- collegiate Athletics University of Arizona- Collegiate Athletics Associate Athletics Director Eddie Leon Eddie Leon Leon- Taylor Management 3/3112012 31311201 Professional Baseball Professional Baseball Owner Michael Varney Michael Varney Tucson Metro Chamber 3/3112012 313112016 Chamber of Commerce Chamber of Commerce CEO Tom Tracy David Stevenson Miraval Resort 313112012 3/3112016 Lodging Industry Lodging Industry Vice - President of Sales Jim Arnold Jim Arnold Media Consultant 41612912 41612014 Media Media Regular Council Meeting - June 5, 2012 - Page 124 of 126 i i MARANA 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, June 5,2012,7:00 PM To: Mayor and Council Item D 1 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: No Attachments Available Staff Recommendation: Type: 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 - June 5, 2012 - Page 125 of 126 i i MARANA 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, June 5,2012,7:00 PM To: Mayor and Council Item E 1 From: Town Clerk- Strategic Plan Focus Area: Not Applicable Subject: Executive session pursuant to A.R.S. § 38- 431.03(A)(3),(4) and (7), for discussion or consultation with the Town's attorneys and to instruct the Town's representatives concerning (1) the lawsuit entitled Town of Marana v. Pima County /Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008- 001131, Arizona Court of Appeals No. 1 CA CV 1103 81; (2) the lawsuit entitled Pima County v. Town of Marana, Pima County Superior Court No. 020116094; 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 Discussion: ATTACHMENTS: Name: Description: Type: No Attachments Available Staff Recommendation: Suggested Motion: Regular Council Meeting - June 5, 2012 - Page 126 of 126