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HomeMy WebLinkAbout08/20/2013 Council Agenda Packetr - r � A R A NA { MARANA TOWN COUNCIL REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, August 20, 2013, at or after 7:00 PM Ed Honea, Mayor Jon Post, Vice Mayor David Bowen, Council Member Patti Comerford, Council Member Herb Kai, Council Member Carol McGorray, Council Member Roxanne Ziegler, Council Member Pursuant to A.R.S. § 38-431.02, notice is hereby given to the members of the Marana Town Council and to the general public that the Town Council will hold a meeting open to the public on August 20, 2013, at or after 7:00 PM located in the Council Chambers of the Marana Municipal Complex, 11555 W. Civic Center Drive, Marana, Arizona. ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items appear in italics. As a courtesy to others, please turn off or put in silent mode all pagers and cell phones. Meeting � imes Welcome to this Marana Town Council meeting. Regular Council meetings are usually held the first and third Tuesday of each month at 7:00 PM at the Marana Municipal Complex, although the date or time may change and additional meetings may be called at other times and /or places. Contact the Town Clerk 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 Meeting If you are interested in speaking to the Council during the Call to the Public or Public Hearings, 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. Persons with a disability may request a reasonable accommodation, Regular Council Meeting - August 20, 2013 - Page 1 of 33 such as a sign language interpreter, by contacting the Town Clerk at (520) 382 -1999. Requests should be made as early as possible to arrange the accommodation. 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 Recent Actions. For questions about the Council meetings, special services or procedures, please contact the Town Clerk, at 382- 1999, Monday through Friday from 8:00 AM to 5:00 PM. This Notice and Agenda Posted no later than Monday, August 19, 2013, 7:00 PM, at the Marana Municipal Complex, 11555 W. Civic Center Drive, the Marana Operations Center, 5100 W. Ina Road, and at www.marana.com on the Town Clerk page under Agendas, Minutes and Recent Actions. 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 within the jurisdiction of the Town Council, except for items scheduled for a Public Hearing at this meeting. 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, and 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 P 1: Presentation: Relating to Community; Aging in Pima County: A Report to the Community, presented by representatives from the Pima Council on Aging (Gilbert Davidson) P 2: Presentation: Relating to Strategic Planning; presentation on the status of Strategic Plan II after Fiscal Year 2013 (Gilbert Davidson) CONSENT AGENDA The Consent Agenda contains items requiring action by the Council which are generally routine items Regular Council Meeting - August 20, 2013 - Page 2 of 33 not requiring Council discussion. A single motion and affirmative vote will approve all items on the Consent Agenda, including any resolutions or ordinances. Prior to a motion to approve the Consent Agenda, any Council member may remove any item from the Consent Agenda and that item will be discussed and voted upon separately. C 1: Relating to Annexation; request for direction on the possible Tiffany Loop and Twin Peaks Annexation located at the northeast corner of Tiffany Loop and Twin Peaks Road. (Cynthia Ross, AICP) C 2: Draft minutes of the August 6 and 13, 2013 council meetings (Jocelyn C. Bronson) LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION A 1: Ordinance No. 2013.019: Relating to Mayor and Council; amending Title 2 (Mayor and Council) of the Marana Town Code; amending Section 2 -2 -1 (Primary election) to establish the date of primary elections and to establish the basis for calculating the majority of votes cast in primary elections that include the election of the mayor; amending Section 2 -2 -3 (General election) to establish the date of general elections; adding new Section 2 -2- 5 (Assumption of office); amending section 2 -3 -1 (Vice mayor) to modify the date for the selection of the vice mayor following an election; lengthening the terms of the mayor and council members elected in 2011 and 2013 to conform to the new election dates; and designating an effective date (Jane Fairall) A 2: PUBLIC HEARING: Ordinance No. 2013.020: Relating to Development; amending Marana Ordinance No. 2001.16, rezoning approximately 44 acres of land at the northwest corner of Sandario and Barnett Roads from "Zone A" to "R -6," by revising the conditions of rezoning to conform to intervening town actions, current Town policies, and current Arizona law (Frank Cassidy ) ITEMS FOR DISCUSSION /POSSIBLE ACTION D 1: Relatin _ to Legislation and Government Actions; Discussion and possible action regarding all pending state, federal, and local legislation/government actions and on recent and upcoming meetings of other governmental bodies (Gilbert Davidson) EXECUTIVE SESSIONS Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session, which will not be open to the public, to discuss certain matters. 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 and consultation with the Town's attorneys for legal advice and to consider the Town's position and instruct its representatives regarding pending negotiations with the Arizona State Land Department concerning the Tortolita Preserve Lease. FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion regarding the items to be placed on the agenda, if three or more Council members request that an item be placed on the agenda, it must be placed on the agenda for the Regular Council Meeting - August 20, 2013 - Page 3 of 33 second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2- 4 -2(B). ADJOURNMENT Regular Council Meeting - August 20, 2013 - Page 4 of 33 WN f 7 4 MRAf11A } Amllerz() 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, August 20, 2013, 7:00 PM To: Mayor and Council From: Gilbert Davidson, Town Manager Strategic Plan Focus Area: Community Item P 1 Subject: Presentation: Relating to Community; Aging in Pima County: A Report to the Community, presented by representatives from the Pima Council on Aging Discussion: Representatives from the Pima Council on Aging will be presenting on Aging in Pima County: A Report to the Community ATTACHMENTS: Name: Description: Type: No Attachments Available Staff Recommendation: Suggested Motion: Presentation only. Regular Council Meeting - August 20, 2013 - Page 5 of 33 WN f 7 4 MARANA } Amlerz() 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, August 20, 2013, 7:00 PM To: Mayor and Council From: Gilbert Davidson, Town Manager Strategic Plan Focus Area: Commerce, Community, Heritage, Progress and Innovation, Recreation Item P 2 Subject: Presentation: Relating to Strategic Planning; presentation on the status of Strategic Plan II after Fiscal Year 2013 Discussion: The Town Council approved Strategic Plan II in March 2012. The reporting period for the plan began with the 2013 fiscal year. This presentation is intended to update the council on the Town's progress toward completing many of the initiatives and strategies identified in the Strategic Plan. ATTACHMENTS: Name: Description: Type: No Attachments Available Staff Recommendation: Suggested Motion: Council's pleasure. Regular Council Meeting - August 20, 2013 - Page 6 of 33 WN f 7 w J orerZo 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, August 20, 2013, 7:00 PM To: Mayor and Council From: Cynthia Ross, AICP, Planner II Strategic Plan Focus Area: Commerce Item C 1 Strategic Plan Focus Area - Additional Information: Strategic Plan Initiative 5 — Evaluate and implement annexation that enhance commerce, business, industry and other Strategic Plan initiatives. Subject: Relating to Annexation; request for direction on the possible Tiffany Loop and Twin Peaks Annexation located at the northeast corner of Tiffany Loop and Twin Peaks Road. Discussion: Town staff plans to proceed with the annexation into the town limits of Marana a 9.2 acre parcel of property located at the northeast corner of Tiffany Loop and Twin Peaks Road. A parcel map is included in the backup materials. As can be seen on the parcel map, this property is located adjacent to and inside the area annexed by Ordinance 2013.018, which was adopted on August 6 and becomes effective on September 6. The proposed annexation area is currently within the Town of Marana's General Plan Planning Area. The adopted Land Use Plan for the Town of Marana designates this site as Industrial (I). In the County, this property is currently zoned General Business (CB -2) without conditions. This allows a broad range of business and light industrial uses, many of which are not addressed in the Town's Village Commercial (VC) and Regional Commercial (RC) zones, which are the zones the Town typically uses for translation of County CB -2. To avoid creating a disincentive to annexation, Town staff plans to translate the zoning of this property to a Town zoning designation that allows uses more closely aligned to those allowed by County CB -2. This will most likely be either a restricted Town of Marana Light Industrial (LI) designation or a Town of Marana Specific Plan (F) designation created specifically for this property. Either way, the proposed translation of zoning will be designed to incorporate all of the County CB -2 uses except those the property owner is willing to remove. The property owner plans to develop this property with convenience, gas, hotel, restaurant, and similar uses, as dictated by market conditions. The property owner and Town staff have been negotiating the terms of a possible pre- annexation development agreement for the property, which will be presented for Council consideration at a future meeting, once its proposed terms are finalized. If Council members wish to discuss or provide feedback on this proposed annexation, this item should be removed from the consent agenda for discussion. If this item is approved, staff will proceed with the annexation. The annexation process will include the recording of a blank annexation petition describing the proposed annexation area, a noticed Council public hearing on the proposed annexation, the Regular Council Meeting - August 20, 2013 - Page 7 of 33 recording of signed annexation petitions, and the Council's adoption of a formal annexation ordinance. By law, all of these steps will need to occur within a 13 -month period beginning with the recording of the blank petition. During this period, staff anticipates that the proposed pre- annexation development agreement will also be brought to Council for separate consideration. Financial Impact: Infrastructure costs to serve the property are anticipated to be addressed in the pre- annexation development agreement, which will be presented for separate Council consideration once its proposed terms are finalized. Any construction on this now - vacant site will be subject to the Town's 4% construction sales tax, and any retail, hotel, restaurant, or other taxable activities will be subject to the applicable Town transaction privilege tax. ATTACHMENTS: Name: Description: Type: D Proposed Tiffany LP and Twin Peaks Annex.pdf Map of Tiffany Loop Twin Peaks Annexation Backup Material Staff Recommendation: Staff recommends proceeding with the annexation. Suggested Motion: I move to direct staff to proceed with this proposed annexation. Regular Council Meeting - August 20, 2013 - Page 8 of 33 � I ltzli\v 61 Tiffany Lp \Twin Peaks Ordinance 2013.018, 0 0.5 1 A Onncv Pffnrtivin RPntPmhPr R gni.,i Miles COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, August 6, 2013, at or after 7:00 PM Ed Honea, Mayor Jon Post, Vice Mayor David Bowen, Council Member Patti Comerford, Council Member Herb Kai, Council Member Carol McGorray, Council Member Roxanne Ziegler, Council Member COUNCIL MEETING MINUTES CALL TO ORDER AND ROLL CALL. Mayor Honea called the meeting to order 7:00 p.m. Town Clerk Bronson called roll. All Council Members were present. PLEDGE OF ALLEGIANCE /INVOCATION /MOMENT OF SILENCE. Led by Mayor Honea. APPROVAL OF AGENDA. Motion to approve by Council Member McGorray, second by Council Member Bowen. Passed unanimously. CALL TO THE PUBLIC. JoAnne Westerman, accompanied by Brian and Lynn Bouffard of the Old Father Inn, thanked the Mayor and Council for their support on behalf of Project Warneke named for fallen firefighter from Marana, Billy Warneke. Ms. Westerman thanked the Mayor and Council Members who participated in last Saturday's fundraiser, noting that about $2200 was raised by "dunking" the Mayor, for which he received a special "duckie ". She also presented Project Warneke t- shirts to the Council and Mr. Davidson. Mr. Bouffard noted that altogether $10,640 was raised from that event. Gordon Hamilton spoke on behalf of a Planning Commission decision to prohibit offsite medical marijuana cultivation locations due to high -risk security issues. He cited some sources to negate that decision and stated that he felt it was a bad precedent to rush through a code change to the Land Development Code that target specific businesses after they have already started the conditional use permit process. He asked that consideration be given for applicants to complete the conditional use process. David Morales Study Session Minutes — August 6, 2013 Page 1 of 8 Regular Council Meeting - August 20, 2013 - Page 10 of 33 read from pieces of a memorandum discussing the 2012 budget from Mr.Huckelberry printed in the newspaper recently on the issue of the town's recent acquisition of a wastewater facility. PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS. Council Member Comerford reported on various events that took place since the last Council Meeting in July. She expressed her thanks to the police and staff who helped prepare for the funeral of hotshot firefighter Billy Warneke. She noted that four fundraisers have been held in Marana including many businesses. She also commented on the presentation by Chief Rozema on the recent acquisitions to the Police Department of their stealth motor units and DUI vehicle received through highway grants. The Marana Marlins swim team took the championship at the last meet of the summer. There are over 150 kids on that team alone. She recently joined the Lions Club and noted that the organization in conjunction with the Marana Health Center did vision testing for kids going back to school. She also attended several events put on by the Marana Chamber of Commerce. She noted that there are so many positive things going on in Marana that she intends to come before Council every few months with a report of activities to let people know how involved staff, citizens and businesses are in the community. Mayor Honea reported that he was on the selection committee for the new PAG /RTA executive director who chose Farhad Moghimi, who used to work for the Town of Marana. He is currently the Assistant Town Manager in Sahuarita. The Mayor noted that it's good to have someone in that position with whom the Town has a good relationship. He also was on the Wake Up Tucson show last week. He also talked about the Project Warneke fundraiser and said he was really proud of the community and what we are able to accomplish. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS. Gilbert Davidson reported that the July Council Executive Report is on the dais, and noted that after a brief hiatus, we'll be going back to at least two Council meetings per month. PRESENTATIONS CONSENT AGENDA. Frank Cassidy noted that on C 9, he made a revision to the Exhibit A which corrected some cross - references and other things. That revision is on the dais. Council Member McGorray moved to approve the Consent Agenda with the revision noted to the exhibit for item C 9 (Ordinance No. 2013.017 and Resolution No. 2013 -082), second by Council Member Ziegler. Passed unanimously. C 1: Resolution No. 2013 -076 Relating to Community Development; approving and authorizing the Mayor to execute an Intergovernmental Cooperative Agreement between Study Session Minutes — August 6, 2013 Page 2 of 8 Regular Council Meeting - August 20, 2013 - Page 11 of 33 Pima County and the Town of Marana for the Community Development Block Grant (CDBG) Program and Home Investment Partnership Program for federal fiscal years 2014 -2016 C 2: Resolution No. 2013 -077 Relating to Community Development; approving and authorizing the Mayor to execute Intergovernmental Agreement Amendment Number One between Pima County and the Town of Marana for the management and implementation of the 2011 -2012 Community Development Block Grant program C 3: Resolution No. 2013 -078: Relating to the Police Department; approving and authorizing the Town Manager to execute a Subgrantee Agreement with the Arizona Department of Homeland Security for purposes of receiving reallocated funds under the 2011 Operation Stonegarden Grant Program C 4: Resolution No. 2013 -079: Relating to Real Estate; approving and authorizing the Mayor to execute reciprocal intergovernmental agreements between Pima County and the Town of Marana for use of one another's public rights -of -way C 5: Resolution No. 2013 -080: Relating to Economic Development; approving and authorizing the Mayor to execute a funding agreement between the Town of Marana and the Marana Chamber of Commerce, Inc. to support the operation of the Marana Visitor Center and the provision of services to the Marana community C 6: Ordinance No. 2013.014: Relating to Business Regulations; amending Town Code Section 9 -1 -12 (Additional reporting requirements) to modify additional reporting requirements for businesses selling or renting specified adult- oriented merchandise; and designating an effective date C 7: Ordinance No. 2013.015: Relating to Administration; amending Town Code Section 3 -1 -3 (Classification of employees) and Section 3 -2 -12 (Assistant chief of police) to change the position title of Assistant Chief of Police to Deputy Chief of Police; and designating an effective date C 8: Ordinance No. 2013.016: Relating to Mayor and Council; amending Town Code Section 2 -1 -6 (Bond) to modify provisions related to bonds for the Mayor and Council Members; and designating an effective date C 9: Ordinance No. 2013.017: Relating to Health and Sanitation; amending Chapter 10 -2 entitled "Maintenance of Property" to add new Section 10 -2 -4 prohibiting dilapidated buildings; amending Section 10 -2 -1 to add definition of dilapidated building; modifying related provisions; and designating an effective date. Resolution No. 2013 -082: Relating to Health and Sanitation; declaring as a public record filed with the Town Clerk the amendments adopted by Ordinance No. 2013.017 to Study Session Minutes — August 6, 2013 Page 3 of 8 Regular Council Meeting - August 20, 2013 - Page 12 of 33 Marana Town Code Chapter 10 -2 "Maintenance of Property;" amending Chapter 10 -2 to add new section 10 -2 -4 prohibiting dilapidated buildings; amending section 10 -2 -1 to add definition of dilapidated building; modifying related provisions; and designating an effective date C 10: Relating to Annexation; request for direction on possible Wastewater Reclamation Facility annexation located west of the intersection of Treatment Plant Road and Luckett Road north of Marana Road. C 11: Relating to Annexation; request for direction on the possible Twin Peaks & Oasis Annexation located on the northeast corner of Twin Peaks and Oasis Road. C 12: Approval of July 2, 2013 Council Meeting Minutes LIQUOR LICENSES L 1: Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a special event liquor license application submitted by Carol A. Dimit on behalf of The Humane Society of Southern Arizona for a fundraiser to be held on Saturday, August 17, 2013. Presented by Jocelyn Bronson who noted that the application was properly reviewed; no protests were received, and staff is recommending approval. Motion to approve by Council Member Bowen, second by Vice Mayor Post. Passed unanimously. L 2: Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a special event liquor license application submitted by Steven Sargent on behalf of the American Diabetes Association for an event to be held on Saturday, September 7, 2013. Presented by Jocelyn Bronson who noted that the application was properly reviewed; no protests were received, and staff is recommending approval. Motion to approve by Council Member Ziegler, second by Council Member Kai. Passed unanimously. BOARDS, COMMISSIONS AND COMMITTEES B 1: Resolution No. 2013 -081 Relating to Boards, Commissions and Committees; reappointing John Anderson and Thomas Hestwood and appointing Linda Lammers to the Town of Marana Personnel Action Review Board. Presented by Suzanne Machain. She noted that John Anderson and Thomas Hestwood are currently on the Personnel Action Review Board with terms to expire at the end of August. They have asked for reappointment. A third member of the Board moved out of the area which necessitated recruitment for a new member. Linda Lammers has the appropriate credentials and has been involved in the community for several years. Motion to approve by Council Member McGorray, second by Vice Mayor Post. Passed unanimously. Study Session Minutes — August 6, 2013 Page 4 of 8 Regular Council Meeting - August 20, 2013 - Page 13 of 33 COUNCIL ACTION A 1: Ordinance No. 2013.018 Relating to Annexation; annexing into the corporate limits of the Town of Marana that territory known as the Pioneer Remainder -- Twin Peaks Annexation being an area containing approximately 3 8.84 acres of land, including the adjacent rights -of -way, generally located westerly of Casa Grande Highway, north and south of Twin Peaks Road and easterly of Tiffany Loop. Presented by Cynthia Ross from the Planning Department. Council Member Bowen asked what parcels or pieces of land are owned by the Town. Mr. Davidson responded that the town is annexing property that was acquired through the building of the Twin Peaks interchange. The islands represent other property owners, some of whom we are continuing to work with for a future annexation. For those properties, we'll be coming back to Council at another point in the future. Motion to approve by Council Member Kai, second by Council Member McGorray. Passed unanimously. 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. Del Post introduced Ryan Harper from Triadvocates. His team does a tremendous job representing the Town on legislative issues. Ryan Harper noted that it is the fourth year Triadvocates has represented the town. He began with a quick legislative review by the numbers. It was a long and contentious legislative session, almost 40 days longer than the last session. All the numbers are below the 15 -year average. The two most significant reasons are that almost one -third were freshmen. New members are generally trying to figure out how to work the legislative process which contributes to a smaller number of bills, but also this year, the Governor announced a sweeping legislative package that included expanding Arizona's Medicaid program, and a lot of the focus was spent on that. He noted that the town is mostly centered in District 11 with Senator Al Melvin, Rep. Adam Kwasman and Rep. Steve Smith. A small part of the town is in District 9, which is a small district and is split between Sen. Steve Farley, Rep. Ethan Orr and freshman Rep. Victoria Steele. This year the Governor's policy priorities and the budget linked in a way that has not been seen before. The Medicaid changes were very controversial within the Republican party, and the budget could not move until that issue was resolved. In terms of this year's budget, the general fund is $8.813, an increase of $129.5M. Another $20M is in federal funds and dedicated funds without state appropriation. Major changes include a $101 M reduction in AHCCCS which is largely due to Medicaid restoration. There's almost $123M in K -12 spending, mostly on inflation; almost $70M in DES funding primarily centered on the CPS system to add case workers and staff; and nearly $29M for universities. This year there is significant funding for IT projects. The state is Study Session Minutes — August 6, 2013 Page 5 of 8 Regular Council Meeting - August 20, 2013 - Page 14 of 33 currently operating off of an archaic mainframe system. Ryan expanded on the Medicaid restoration issue. Challenges still remain. In Arizona we have the ability to refer any legislation to the ballot, and that is currently taking place where former Senator Frank Antenori and former Senator Ron Gould are heading up a group of conservatives seeking to refer the law to the ballot. They will need to collect approximately 120,000 signatures in 90 days. That clock started at the end of June which would require collecting 1,000 signatures a day. Legal challenges remain relative to Prop. 108, which requires any tax must be approved by the Legislature by a two - thirds majority. There are exemptions in the law, and the Governor used one of those exemptions to move the Medicaid forward which meant she did not need a two - thirds majority. The Goldwater Institute is making threats of challenging that exemption that she used. The Governor's priority one B was the TPT simplification. While he recognizes that the Council is probably very familiar with this legislation, he wanted to point out that this bill was really saved by eleventh hour negotiations. There was opposition in both chambers to one of the prior proposals and a lot of the conservatives in the House and Senate on the tactics the Governor used to pass Medicaid, they didn't want to give her anything else. Through the work of the League and the town and the work of the Mayor and many others who did a good job negotiating, there was progress made on the bill at the end of the session. It passed out of both houses almost unanimously. The TPT bill moves us closer to compliance with the Federal Marketplace Fairness Act. There is a pending piece of legislation in Congress that would allow the state to tax Internet transactions. Another area of interest is with education issues. This is the first time in five years that we've seen across the board inflationary spending for education, largely due to a lawsuit won by district and charter schools. That money can also be used to fund the new Common Core standards (federal standards which replace our state learning standards) which allows for better comparison of performance across states. The state also eliminated the AIMS test starting in 2016. There will be a high stakes test associated with Common Core, but mostly likely called something else. There is new funding for student longitudinal data system which allows for tracking data from kindergarten through college. Next year, the legislature expressed their intent to fund a large part of K -12 funding through Performance Funding as well as for the universities and rural community college funding. The number one priority for Triadvocates this year was to support the town's negotiations with Pima County regarding wastewater. This involved the repeal of the legislation two years ago that gave the town the authority to operate and own the wastewater plant. We worked with Rep. Adam Kwasman to move forward HR 2492, which was part of the settlement. He then gave a brief review of other bills of municipal interest. Speaker Tobin introduced a sweeping bill on allowing the private sector to partner with local municipalities to help local municipalities manage their water effort. He did run into Study Session Minutes — August 6, 2013 Page 6 of 8 Regular Council Meeting - August 20, 2013 - Page 15 of 33 significant opposition from farmers, primarily in the Yuma area. Mr. Tobin is currently doing a statewide listening tour of agriculture /farmer /developer interests across the state, and we expect to see a revised version of this bill next year. In terms of election reforms, Rep. Farnsworth sponsored HB 2305 which makes some significant changes to how we do elections in Arizona. One of the two most significant changes regards Permanent Early Voting Lists or PEVL. Once you put your name on that list you will receive an early ballot forever. This bill now allows the county recorders to remove the names of individuals on the PEVL if they don't vote in two or more elections in a row. During this last election cycle, especially in the Congressional races, we waited a very long time to find out who the winners were, and the county recorders attributed that to the PEVL. Individuals are on the PEVL but they're not voting early. They're showing up at the polls and voting on election day, which they can do, but the county recorders must hold all those ballots back, and they can't county them until they are sure you didn't mail a ballot a couple of days before you voted. So that was the main issue why there was a significant time lag there. Moving an individual from a PEVL list was a way to help that. HB 2593 by Rep. Mesnard changed campaign contribution limits in Arizona. This significantly increases what individuals can spend on elections. It increases the personal limits on elections from $450 to $2500. It dramatically increases political action committee contributions — up to $5000. Rep. Mesnard said the reason he brought this bill forward was that he wanted to dilute the interests of some of the citizens united groups — the dark money in elections. He wanted candidates to have more money to control their own message. SB 1454 was the last bill passed by the legislature year. It allows municipalities to extend the terms of their Council members so they can comply with the consolidated elections bill from 2012. Mr. Harper then summed up his presentation with observations of the past year and lessons learned going forward. Some questions posed for 2014: are bills passed in 2013 may have residual impacts; moderates are losing a key Senator (Rich Crandall), and he will mostly likely be replaced by someone from the conservative right in East Mesa and Apache Junction; and members need issues to campaign on. Continuing issues will be Speaker Tobin's water bill and education funding battles at all levels. All 90 legislators are up for election. All constitutional officers are up for election. Will the new contribution limits impact the Clean Election Act? The Republican caucus is fractured, and it will require time to heal those wounds. As the economy recovers, there will be more money coming into the state coffers, and battles will ensue as to how to spend that money. There will undoubtedly be a big debate on how to fund education — through performance funding? — by writing large checks? - where best to put that money? EXECUTIVE SESSIONS Study Session Minutes — August 6, 2013 Page 7 of 8 Regular Council Meeting - August 20, 2013 - Page 16 of 33 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. FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion regarding the items to be placed on the agenda, if three or more Council members request that an item be placed on the agenda, it must be placed on the agenda for the second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2- 4 -2(B). ADJOURNMENT. Motion to adjourn by Council Member Bowen, second by Council Member McGorray at 7:50 p.m. Passed unanimous. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on August 6, 2013. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk Study Session Minutes — August 6, 2013 Page 8 of 8 Regular Council Meeting - August 20, 2013 - Page 17 of 33 A pW N O� 7 9 MARANA � \RIzON/ MINUTES STUDY SESSION 11555 W. Civic Center Drive, Marana, Arizona 85653 2nd Floor Conference Center, August 13, 2013, at or after 6:00 PM Ed Honea, Mayor Jon Post, Vice Mayor David Bowen, Council Member Patti Comerford, Council Member Herb Kai, Council Member Carol McGorray, Council Member Roxanne Ziegler, Council Member CALL TO ORDER AND ROLL CALL. Mayor Honea called the meeting to order at 6:00 p.m. Town Clerk Bronson called roll. All Council Members were present. PLEDGE OF ALLEGIANCE /INVOCATION /MOMENT OF SILENCE. Led by Mayor Honea. APPROVAL OF AGENDA. Motion to approve by Council Member Ziegler, second by Council Member Bowen. Passed unanimously. CALL TO THE PUBLIC. No speaker cards were presented. DISCUSSION /DIRECTION /POSSIBLE ACTION D 1: Relating to Strategic Planning; discussion and possible action regarding the 2014 update of the Strategic Plan. Mayor Honea led the discussion by stating that he had talked to each of the Council Members, and everyone seemed content to do the Strategic Plan retreat at the municipal complex and then another day for a field trip. Dates will need to be selected. Curt Dunham and Peggy Fiandaca from Partners for Strategic Action will facilitate the meeting for Strategic Plan III. At that time, Council will talk about updates to the current plan. Mayor Honea started with the retreat first, noting that the Council voted unanimously to go to the Chandler /Queen Creek area for the field trip portion. Vice Mayor Post stated that his issue about going to Queen Creek and Chandler is that if we're going there primarily to look at the arena facility, we'll probably never be able to afford anything on that scale because we don't have the infrastructure that they have. We're designing our infrastructure from the ground up. Council Study Session Minutes — August 13, 2013 Page 1 of 3 Regular Council Meeting - August 20, 2013 - Page 18 of 33 Member Comerford said there may be ideas to see how Chandler /Queen Creek got to where to where they are. Vice Mayor Post suggested going to some place like Sonoita to look at that arena. Linden and Willcox were other possible venues to visit an arena. Council Members also seemed to favor saving the cost of an overnight stay by having a one -day working session at the municipal complex, possibly on a weekday in October, and then taking a one -day field trip in December based on the feedback from the working session. Council Member Comerford stated that there have been a lot of changes to deal with since the economic downturn. She has looked at the retreat time as the Council's dream time and not necessarily a time for staff input. Vice Mayor Post asked if after the planning session here, staff could search out an appropriate venue to show something that fits our budget, stating that he wants to be realistic about what we can produce. We can only show the dream; it's up to other people to build it for us. But we can have an idea of what we want it to look like. In addition to nearly unanimous consensus regarding the design and construction of the Heritage Park ranch and arena, Council's suggestions ran from the general — building infrastructure; creating policy; finishing projects such as the Main Street /downtown plan, having staff review projects and plans that have been on the shelf since the beginning of the recession that might create problems when they re- surface; creating jobs and shopping to bring people here; reviewing and /or revisiting areas for future annexations — to the specific such as having staff complete cost - benefit analyses of how Saguaro Bloom sewer revenues could aid development along Avra Valley Road; development at the airport; using established reserves as well as the appropriate use of revenues from the new landfill; building a paved road to the proposed Veterans' Cemetery site, rewarding employees with financial incentives for cost - saving ideas and a formal way for staff to offer suggestions that is broader than a cost - saving idea. Also, Vice Mayor Post would like to explore the possibility of putting a program/policy of partnerships in place to be ready to help landowners if a significant business wants to relocate to Marana quickly, emphasizing that this would give us the ability to attract the kind of businesses we want to grow here. This is similar to Council Member McGorray's request to have "shovel- ready" dirt available for projects. Council Member Comerford noted that she also had Council -Staff relations improvement on her agenda. Because staff is working on projects all the time, Council doesn't always see what's going on. She would like a presentation update of projects the Council has approved — perhaps on a quarterly basis. Council Member Kai stated that we need to have incentives for businesses coming into town, such as Fry's in Gladden Farms, to see if there is a way to rebate some of the sales tax they regenerate. Council discussion ensued about the timing of the retreat and the field trip. Generally, they liked the idea of a one -day retreat at the municipal complex in October to get their ideas together and discuss them in more depth. That would also help them determine the best location for a field trip. Mr. Davidson was asked to have staff look into some of the suggestions that were posed tonight and bring those back in written form to Council at the study session on September 10. He said that most of their discussion items are elements of the current Strategic Plan and can easily be categorized. He will also have his staff work with Council to find an acceptable date for the retreat; Study Session Minutes — August 13, 2013 Page 2 of 3 Regular Council Meeting - August 20, 2013 - Page 19 of 33 Tuesdays, Wednesdays and Thursdays being the best. A field trip can be scheduled after that in December. Council felt that this was one of the best study sessions they've had in terms of getting work done and would like to look at doing these quarterly throughout the year. Council Member Gorray left the meeting at 7:23 p.m. Vice Mayor Post stated that at the end of this process he would like to pick three to five absolutely viable projects that we don't just talk about but do —an action plan and an encapsulated of the strategic vision. ADJOURNMENT. Motion to adjourn at 7:31 p.m. by Vice Mayor Post, second by Council Member Bowen. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council Study Session held on August 13, 2013. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk Study Session Minutes — August 13, 2013 Page 3 of 3 Regular Council Meeting - August 20, 2013 - Page 20 of 33 WN f 7 w j orerZo 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, August 20, 2013, 7:00 PM To: Mayor and Council Item A 1 From: Jane Fairall, Deputy Town Attorney Strategic Plan Focus Area: Not Applicable Subject: Ordinance No. 2013.019: Relating to Mayor and Council; amending Title 2 (Mayor and Council) of the Marana Town Code; amending Section 2 -2 -1 (Primary election) to establish the date of primary elections and to establish the basis for calculating the majority of votes cast in primary elections that include the election of the mayor; amending Section 2 -2 -3 (General election) to establish the date of general elections; adding new Section 2 -2 -5 (Assumption of office); amending section 2 -3 -1 (Vice mayor) to modify the date for the selection of the vice mayor following an election; lengthening the terms of the mayor and council members elected in 2011 and 2013 to conform to the new election dates; and designating an effective date Discussion: In 2012, the Arizona state legislature amended A.R.S. § 16 -204 to consolidate all regular candidate elections in Arizona to the fall of even - numbered years. The Town of Marana has historically held its elections in the spring of odd - numbered years, with the Mayor and Council members currently serving in office having been elected in 2011 and 2013 to serve four -year terms. In the 2013 legislative session, the legislature adopted Senate Bill 1454 which provides that in order to comply with the consolidation of election dates as prescribed in A.R.S. § 16 -204, the Town may lengthen the terms of office for its elected officials. The proposed ordinance will amend several elections provisions in the Town Code to establish that the Town's candidate elections will be held in the fall of even - numbered years and to provide that the vice mayor will be selected by the Council by December 31 following a November election. Additionally, in accordance with SB 1454, the ordinance provides that the terms of the currently serving Mayor and Council members will be extended, so that those elected in 2011 shall serve until the general election in 2016, and those elected in 2013 shall serve until the general election in 2018. The ordinance also proposes to provide a different calculation of what a "majority of the votes cast" means for Town elections involving the election of the Mayor. Per Town Code Section 2 -2 -1, any candidate who receives "a majority of all the votes cast" at the primary election is declared elected and does not have to run in a general election. With consolidated elections, some voters may not choose to vote in the Town part of the ballot, thereby creating a significant undervote. The total number of votes cast may be significantly greater than the number of voters voting on the Marana candidates, yet in calculating the majority of the votes cast, even those ballots without votes for Marana candidates would have to be counted. To alleviate this issue, in 2010 the legislature amended state law to provide that a town may by Regular Council Meeting - August 20, 2013 - Page 21 of 33 ordinance provide that the total of all votes tabulated for the candidates for the office of mayor (rather than all votes cast) constitutes the total number of votes cast at the election and shall be the basis for calculating whether a candidate for mayor or council has received a majority of all votes cast at the election. The proposed ordinance will amend Town Code Section 2 -2 -1 to include this provision. However, the state law that allows the Town to adopt this alternative calculation applies only at the election in which the Mayor is elected. There is no provision in the law for the election at which only Council members are elected; at that election, the majority would still be calculated on the basis of all the votes cast. For the Town, the next election at which only Council members are elected will not take place until the fall of 2018. Town staff anticipates that a legislative fix for this issue will be in place prior to that election. Finally, the proposed ordinance adds a new Town Code Section 2 -2 -5 which provides that newly elected candidates shall assume office at the next regularly scheduled council meeting following the date of the canvass of the general election or, if no general election is held, at the next regularly scheduled council meeting following the date the general election would have been held. This section will codify what has been the Town's general practice. Financial Impact: None ATTACHMENTS: Name: Description: Type: D Ordinance 2013.019 consolidated elections.doc Ordinance 2013.019 Ordinance Staff Recommendation: Staff recommends approval of the ordinance. Suggested Motion: I move to adopt Ordinance No. 2013.019, amending several provisions of Title 2 of the Marana Town Code related to elections, and lengthening the terms of the Mayor and Council members elected in 2011 and 2013 to conform to new election dates. Regular Council Meeting - August 20, 2013 - Page 22 of 33 MARANA ORDINANCE NO. 20139019 RELATING TO MAYOR AND COUNCIL; AMENDING TITLE 2 (MAYOR AND COUNCIL) OF THE MARANA TOWN CODE; AMENDING SECTION 2 -2 -1 (PRIMARY ELECTION) TO ESTABLISH THE DATE OF PRIMARY ELECTIONS AND TO ESTABLISH THE BASIS FOR CALCULATING THE MAJORITY OF VOTES CAST IN PRIMARY ELECTIONS THAT INCLUDE THE ELECTION OF THE MAYOR; AMENDING SECTION 2 -2 -3 (GENERAL ELECTION) TO ESTABLISH THE DATE OF GENERAL ELECTIONS; ADDING NEW SECTION 2 -2 -5 (ASSUMPTION OF OFFICE); AMENDING SECTION 2 -3 -1 (VICE MAYOR) TO MODIFY THE DATE FOR THE SELECTION OF THE VICE MAYOR FOLLOWING AN ELECTION; LENGTHENING THE TERMS OF THE MAYOR AND COUNCIL MEMBERS ELECTED IN 2011 AND 2013 TO CONFORM TO THE NEW ELECTION DATES; AND DESIGNATING AN EFFECTIVE DATE WHEREAS in 2012 the Arizona state legislature amended A.R.S. § 16 -204 to consolidate all regular candidate elections in Arizona to the fall of even - numbered years; and WHEREAS the Town of Marana has historically held its elections in the spring of odd - numbered years; and WHEREAS the Mayor and Council members of the Town of Marana currently serving in office were elected in 2011 and 2013 to serve four -year terms; and WHEREAS the new law requires the Town to adjust the length of the terms of the Mayor and Council members currently serving in office so that their terms will expire following the general election in November of even - numbered years; and WHEREAS in 2013 the Arizona state legislature adopted Senate Bill 1454 which provides that in order to comply with the consolidation of election dates as prescribed in A.R.S. § 16 -204, the town may lengthen the terms of office for its elected officials; and WHEREAS A.R.S. § 9- 821.01 provides that a town by ordinance may provide that the total of all votes tabulated for the candidates for the office of mayor constitutes the total number of votes cast at the election and shall be the basis for calculating whether a candidate for mayor or council has received a majority of all votes cast at the election; and WHEREAS the Town Council finds that it is in the best interests of the Town of Marana and its citizens to establish the basis for calculating the majority of votes cast in primary elections that include the election of the mayor as is provided in A.R.S. § 9- 821.01, and to amend the Marana Town Code and to lengthen the terms of the Town's elected officials to conform to the requirements of A.R.S. § 16 -204. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: Ordinance No. 2013.019 - 1 - 8/6/2013 11:55 AM JF /FC Regular Council Meeting - August 20, 2013 - Page 23 of 33 SECTION 1. Section 2 -2 -1 of the Marana Town Code is hereby revised as follows (with additions shown with double underlining): 2 -2 -1 Primary election date; declaration of elected candidate; basis for calculating majority of votes cast at a primary election that includes the election of the mayor A. The date of the primary election of the town shall be the tenth Tuesday before the first Tuesday after the first Monday in November of even - numbered years. B. Any candidate who receives at the primary election a majority of all the votes cast shall be declared elected to the office for which he or she is a candidate effective as of the date of the general election, and no further election shall be held as to that candidate, provided that if more candidates receive a majority of the votes than there are offices to be filled, then those equal in number to the offices to be filled receiving the highest number of votes shall be declared elected. C. In a primary election that includes the election of the mayor, the total of all votes tabulated for the candidates for the office of mayor constitutes the total number of votes cast at the election and shall be the basis for calculating whether a candidate for mayor or council has received a majority of all votes cast at the election. SECTION 2. Section 2 -2 -3 of the Marana Town Code is hereby revised as follows (with deletions shown with " t "'''czeet4 and additions shown with double underlining): 2 -2 -3 General election ; date; candidates A. A general election of the town shall be held on the first Tuesday after O the first Monday in November of even - numbered years. O O B. If at any primary election there is any office for which no candidate is elected, then as to that office the election shall be considered to be a primary election for nomination of candidates for that office, and a t ha- LQ7 a ^E)4H of general MUHiEipal election of the town shall be held to vote for candidates to fill that office. Candidates to be placed on the ballot at the seEO generalffiUHiEipal election shall be those not elected at the primary election, and shall be equal in number to twice the number to be elected to any given office or less than that number if there be are less than that number named on the primary election ballot. Persons who receive the highest number of votes for the respective offices at the # rim election shall be the only candidates at the seEORd general election, provided that if there be is any person who, under the provisions of this section, would have been entitled to become a candidate for any office except for the Ordinance No. 2013.019 -2- 8/6/2013 11:55 AM JF /FC Regular Council Meeting - August 20, 2013 - Page 24 of 33 fact that some other candidate received an equal number of votes for it, then all those persons receiving an equal number of votes shall likewise become candidates for that office. SECTION 3. New section 2 -2 -5 entitled "Assumption of office" is hereby added to the Marana Town Code as follows and the sections that follow are renumbered to conform: 2 -2 -5 Assumption of office Upon election, the mayor and council members shall assume the duties of office at the next regularly scheduled council meeting following the date of the canvass of the general election or, if no general election is held, at the next regularly scheduled council meeting following the date the general election would have been held. SECTION 4. Section 2 -3 -1 of the Marana Town Code is hereby revised as follows (with deletions shown with stivilc and additions shown with double underlining 2 -3 -1 Vice mayor After their election and qualification, but in any event not later than December 31 following the date of the general election, or, if no &eneral election is held, following the date the general election would have been held, the council members shall choose a vice mayor from among their number by majority vote. The vote will not be by nomination and election, rather it will be conducted by making a motion to appoint a certain council member as vice mayor, and if the motion fails for lack of a second or majority vote there may thereafter be a subsequent motion for a different or the same individual. The council will continue making motions until a motion to appoint a council member as vice mayor is successfully passed by a majority of the council. The vice mayor shall assume the duties of the mayor in the absence, disqualification or resignation of the mayor. SECTION 5. Notwithstanding section 2 -1 -1 of the Marana Town Code which provides that the Mayor and Council members shall serve four -year overlapping terms, the terms of the Mayor and the Council members elected in 2011 shall expire following the canvass of the general election in November 2016, and the terms of the Council members elected in 2013 shall expire following the canvass of the general election in November 2018. If no general election is held, the terms shall expire on the day the general election would have been held. SECTION 6. The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance. SECTION 7. All ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the Council in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance. Ordinance No. 2013.019 -3- 8/6/2013 11:55 AM JF /FC Regular Council Meeting - August 20, 2013 - Page 25 of 33 SECTION 8. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this ordinance. SECTION 9. This ordinance shall become effective on the thirty -first day after its adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 20 day of August, 2013. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Ordinance No. 2013.019 -4- 8/6/2013 11:55 AM JF /FC Regular Council Meeting - August 20, 2013 - Page 26 of 33 WN f 7 w J orerZo 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, August 20, 2013, 7:00 PM To: Mayor and Council From: Frank Cassidy, Town Attorney Strategic Plan Focus Area: Community Item A 2 Subject: PUBLIC HEARING: Ordinance No. 2013.020: Relating to Development; amending Marana Ordinance No. 2001.16, rezoning approximately 44 acres of land at the northwest corner of Sandario and Barnett Roads from "Zone A" to "R-6," by revising the conditions of rezoning to conform to intervening town actions, current Town policies, and current Arizona law Discussion: The Mayor and Town Council adopted Marana Ordinance No. 2001.16 on November 20, 2001, rezoning approximately 44 acres at the northwest corner of Barnett Road and Sandario Road from Zone 'A' to 'R- 6' Residential. Miramonte Homes informed Town staff of their interest in developing the property as a single - family residential subdivision and inquired about particular conditions of the rezoning that may not be consistent with current Town policies. Town Planning, Engineering, and Legal staff reviewed the approved rezoning ordinance and determined that there are a number of conditions that warrant revision in order for the ordinance to conform to applicable state law and to accurately reflect and conform to current Town of Marana policies and standard conditions. The Legal Department advises that automatic reversion of zoning is inconsistent with the procedures mandated by Arizona law, so condition of rezoning number 2 of Ordinance 2001.16 is recommended for deletion. Condition of rezoning number 3 of Ordinance 2001.16 addresses dedications that were anticipated to be needed in 2001. Since 2001, the Town has changed its plans for Barnett Road, and Bill Gaudette Drive has been constructed east of Sandario. The recommended revisions to condition of rezoning number 3 address these changed circumstances. Condition of rezoning number 4 of Ordinance 2001.16 addresses the possible alignment of Tangerine Farms Road through this property. Staff recommends deletion of this condition because the alignment of Tangerine Farms Road has now been established and dedicated about 190 feet west of this property. Proposed revisions to conditions of rezoning numbers 5, 8, 10, 11, and 15 simply reflect changes in Town staff roles ( "Development Services Administrator" to "Planning Director" or "Town Engineer" as appropriate), legal responsibilities ( "Pima County Wastewater Management" to "Utilities Director "), Town policies (change in how the levee fee is administered and elimination of individual -lot service by the non - potable system), and jurisdictional areas (the property is now in the Northwest Fire District). Regular Council Meeting - August 20, 2013 - Page 27 of 33 In 2001, the Town had not yet adopted development impact fees for major public infrastructure in northwest Marana, so condition of rezoning numbers 6 and 14 mandated payment of the Developer's proportionate financial share of certain regional infrastructure. Staff recommends deletion of conditions 6 and 14 as unnecessary in light of the Town's adoption of development impact fees for major regional infrastructure. Proposed revisions to conditions of rezoning 16, 18, and 19 are simply intended to clarify or correct previous language. New proposed condition of rezoning 20 adds the obligation to record an avigation easement over the property, a standard condition for current rezoning cases in the vicinity of Marana Regional Airport. New proposed condition of rezoning 21 adds the obligation to pay this property's fair -share contribution for a multi -use path or sidewalk along Sandario Road -- an improvement now slated for partial funding by the Regional Transportation Authority, which didn't exist in 2001. ATTACHMENTS: Name: D Description: Type: Ordinance 2013.020 ORD 20130808 Ong Barnett Sandario revising conditions Ordinance 2013.020 Ordinance (00034989- 5).docx Staff Recommendation: Staff recommends adoption of Ordinance No. 2013.020, revising certain conditions of rezoning found in Marana Ordinance 2001.16. Commission Recommendation - if applicable: This item was not taken to the Planning Commission. Lisa Shafer, the interim Planning Administrator, has reviewed the proposed revisions to the conditions of rezoning and has determined that they do not constitute a substantial change in the zoning of this property. Arizona law requires only substantial changes to be taken to the Planning Commission for recommendation. Suggested Motion: I move to adopt Ordinance No. 2013.020, revising certain conditions of rezoning found in Marana Ordinance 2001.16. Regular Council Meeting - August 20, 2013 - Page 28 of 33 MARANA ORDINANCE NO. 20139020 RELATING TO DEVELOPMENT; AMENDING MARANA ORDINANCE NO. 2001.16, REZONING APPROXIMATELY 44 ACRES OF LAND AT THE NORTHWEST CORNER OF SANDARIO AND BARNETT ROADS FROM "ZONE A" TO "R -6," BY REVISING THE CONDITIONS OF REZONING TO CONFORM TO INTERVENING TOWN ACTIONS, CURRENT TOWN POLICIES, AND CURRENT ARIZONA LAW WHEREAS the Mayor and Council adopted Marana Ordinance No. 2001.16 on November 20, 2001, rezoning approximately 44 acres of land at the northwest corner of Sandario and Barnett Roads from "Zone A" to "R -6;" and, WHEREAS the Town Attorney has advised that condition of rezoning number 2 of Marana Ordinance No. 2001.16, which calls for automatic reversion, is inconsistent with the procedures mandated by A.R.S. § 9- 462.01 (E); and WHEREAS no notice and public hearing were provided with respect to any reversion of this rezoning as required by A.R.S. § 9- 462.01 (E), so there has been no reversion of this rezoning; and WHEREAS the conditions of rezoning numbers 3, 4, 5, 6, 8, 10, 11, 14, 15, and 16 set forth in Marana Ordinance No. 2001.16 include provisions inconsistent with Town of Marana actions that have occurred in the intervening years and current Town of Marana policies; and WHEREAS this ordinance makes other revisions to the conditions of rezoning to conform to current Town of Marana policies and standard conditions; and WHEREAS the Mayor and Council find that these condition modifications are insubstantial enough not to require or benefit from Planning Commission consideration, and that this ordinance is in the best interests of the Town and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. Marana Ordinance No. 2001.16 is hereby amended by revising the conditions of rezoning as follows (with deletions shown with and additions shown with double underlining : 1. Compliance with all provisions of the Town's Codes, Ordinances and policies of the General Plan, and the Northwest Marana Area Plan current at the time of any subsequent development, including, but not limited to, requirements for public improvements. 2. Ordinance No. 2013.020 - 1 - 8/8/2013 11:26 AM BV FJC Regular Council Meeting - August 20, 2013 - Page 29 of 33 LI-L-L%./ -a- %-.P VV , � , � Deleted 3. The Developer shall dedicate Sandario to a maximum of 45 -foot half -width right -of -way and a 60 -foot full width right -of -way to provide for the extension of Bill Gaudette Drive JL ° T%. «,�, The developer shall convey the subject right -of -way upon demand by the Town or by plat. 4. TJL- LJLJLP%-./ JD e�= e- k�e�- s��°'- ��c- �� °,t�ie�r�i- a�- ��t�ie�e�e� inC�lrr'r`� =�"vf ��iii°cs'��"n��e��ii -- �3��Ft01ir– aii ir AFXL a st FklcW Hti ,. o,.t « .,.a.a;t;,,,,.,1 vi ..1.t „f . T.,., .4 1,,,... fl,o T „ ,. D,,.,,a ; Frvlriictt�i�tt3C— Rpprcrr�����iv�c��i D�rtti° T...A.,, tttt�H�o�i�iiir�iiLY Y �JL vp%./.JL L, j i LYYI' zie'bL%W X Op @JL S.JL i"un– vvir`dc LY L4 k.X ccc rignr =vr ���t�i�� Deleted 5. The Developer shall provide if N ° °� °�, to the ^ d ,; Q *r Town Engineer's satisfaction, the necessary off site roadway dedications and improvements as deemed necessary by the ' Planning Director and Town Engineer to support the proposed development of the site. 6. XX [ Deleted ] _ 7. A water service agreement and master water plan must be submitted, by the Developer, and accepted by the Utilities Director prior to the approval of the first preliminary plat, by the Town Council. 8. A sewer service agreement and master sewer plan must be submitted, by the Developer, and accepted by the Utilities Director and the Town Engineer prior to the approval of the first preliminary plat by the Town Council. 9. The property owner shall transfer with the final plat, by the appropriate Arizona Department of Water Resources form, those water rights being IGR, Type I or Type II to the Town of Marana for the Town providing designation of assured water supply and water service to said property. If Type I or Type II are needed on said property, the Town and developer /landowner shall arrive at an agreeable solution to the use of those water rights appurtenant to said land. Ordinance No. 2013.020 -2- 8/8/2013 11:26 AM BV FJC Regular Council Meeting - August 20, 2013 - Page 30 of 33 10. Prior to the issuance of a building permit and pursuant to Marana Ordinance No. 99.02 the property owner(s) within the Lower Santa Cruz River Levee Benefit Area shall moo- reimburse the Town for this project's proportionate share for the cost of construction of the Lower Santa Cruz River L eevee. 11. The Developer shall develop an irrigation system, dedicated to the Town, to distribute irrigation water to all common area and open space -F F %./X WIX %./" containing landscaping within this development as directed by the Marana Utilities Department 12. Potential buyers shall be notified that some or all of the property in this rezoning is subject to an annual tax and assessment by Cortaro Marana Irrigation District and Cortaro Water Users' Association. 13. Prior to Town Council review the applicant shall address the comments of the Cortaro - Marana Irrigation District to their satisfaction and provide staff with written clearance. 14. . Deleted 15. Pistri Deleted 16. The perimeter subdivision wall along the .7 an, Sandario Road frontage, , shall consist of a minimum six (6) foot high decorative block wall;. 17. The plant materials within the minimum 10 -foot bufferyard along the Sandario frontage, from the southern access point to Barnett Road shall be planted with a minimum of six (6) trees (50% 24 -inch box or greater), twelve (12) shrubs, and fifteen (15) - 1 gallon ground cover / accent plants per one thousand (1,000) square feet of area;. 18. Potential buyers shall be notified that Yoem Pueblo, a cultural resource is located across Sandario Road and contains sacred grounds that have active Tribal ceremonies on an ongoing bffs-e-basis. 19. No vehicular access shall be permitted from Sandario Road closer than 700 -feet north of Barnett Road, this includes the -600 linear feet I.-f-. of Pascua Yaqui frontage plus an additional separation. 20. An avigation easement shall be recorded for this property prior to approval of the final plat. 21. The Developer shall nay an in lieu fee of S 16,820 as the Developer's fair -share contribution for the construction of a multi -use path or sidewalk within the Sandario Road right -of -way along the east boundary of the property, payable upon the Town's request or at the time of flatting, whichever occurs first. Ordinance No. 2013.020 -3- 8/8/2013 11:26 AM BV FJC Regular Council Meeting - August 20, 2013 - Page 31 of 33 SECTION 2. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed as of the effective date of this ordinance; provided, however, that this repeal shall not affect the rights and duties that matured or penalties that were incurred and proceedings that were begun before the effective date of the repeal. SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this ordinance. SECTION 4. This ordinance is effective on September 20, 2013. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 20 day of August, 2 013 . Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk Ordinance No. 2013.020 APPROVED AS TO FORM: Frank Cassidy, Town Attorney IKIE 8/8/2013 11:26 AM BV FJC Regular Council Meeting - August 20, 2013 - Page 32 of 33 WN f 7 4 MRAf11A } Amlerz() 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, August 20, 2013, 7:00 PM To: Mayor and Council From: Gilbert Davidson, Town Manager Strategic Plan Focus Area: Not Applicable Item D 1 Subject: Relating _ to Legislation and Government Actions; Discussion and possible action regarding all pending state, federal, and local legislation/government actions and on recent and upcoming meetings of other governmental bodies Discussion: This item is scheduled for each regular council meeting in order to provide an opportunity for discussion of any legislative or regional intergovernmental item that might arise. Periodically, an oral report may be given to supplement the Legislative Bulletins. ATTACHMENTS: Name: Description: Type: No Attachments Available Staff Recommendation: Upon the request of Council, staff will be pleased to provide recommendations on specific legislative /intergovernmental issues. Suggested Motion: Mayor and Council's pleasure. Regular Council Meeting - August 20, 2013 - Page 33 of 33