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Home My WebLink About05/01/2007 Council Agenda Packet COUNCIL MEETING NOTICE AND AGENDA Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 May 1, 2007, at or after 7:00 p.m. Ed Honea, Mayor Herb Kai, Vice Mayor Council Members Bob Allen Jim Blake Patti Comerford Tim Escobedo Carol McGorray 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. 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. 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 Councilor 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. 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 special services are available upon prior request to the Town Clerk at least 10 working days prior to the Council meeting. 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 April 30, 2007, 7:00 p.m., at the Marana Municipal Complex, the Marana Operations Center and at www.marana.com under Town Clerk, Agendas, Minutes and Ordinances. COUNCIL MEETING NOTICE AND AGENDA Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 May 1,2007, at or after 7:00 p.m. REGULAR MEETING A. CALL TO ORDER AND ROLL CALL B. PLEDGE OF ALLEGIANCE AND INVOCATION/MOMENT OF SILENCE c. APPROVAL OF AGENDA D. 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. 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 staffto review the matter, or may ask that the matter be placed on a future agenda. E. PRESENTATIONS ANNOUNCEMENTS/UPDATES PROCLAMATIONS F. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS G. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS H. STAFF REPORTS GENERAL ORDER OF BUSINESS I. 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. 1. Resolution No. 2007-60: Relating to Streets; approving and accepting 1694 linear feet of roadway improvements located at the southeast corner of Silverbell and Twin Peaks Roads for maintenance. (Keith Brann) COUNCIL MEETING NOTICE AND AGENDA Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 May 1,2007, at or after 7:00 p.m. 2. Resolution No. 2007-61: Relating to Streets; approving and accepting a 306 linear foot left turn lane located 800 feet east of the intersection of Silverbell and Twin Peaks Roads for maintenance. (Keith Brann) 3. Resolution No. 2007-62: Relating to the Police Department; approving and authorizing the execution of a Memorandum of Understanding (MOU) between the Marana Police Department and the Phoenix Police Department/Arizona Internet Crimes Against Children (ICAC) Task Force. (Richard Vidaurri) 4. Resolution No. 2007-63: Relating to Liquor Licenses; approval and recommendation to State Liquor Board for a new No. 12 (Restaurant) new corporation liquor license submitted by Kenneth Manuel Gallardo on behalf of Contessa Cafe, located at 4145 W. Ina Road, Suite 111. (Jocelyn Bronson) 5. Resolution No. 2007-64: Relating to Liquor Licenses; approval and recommendation to State Liquor Board for a corporate location transfer of a No. 07 (Beer and Wine Bar) liquor license submitted by Walter Brent Kyte on behalf of Pizza Hut Wing Street #47,8245 N. Silverbell Road, Suite 101. (Jocelyn Bronson) 6. Resolution No. 2007-65: Relating to Real Estate; approving and authorizing the Director of Public Works to execute certain Sewer Easements that the Developer inadvertently failed to reserve when dedicating portions of Saguaro Springs to the Town of Marana. (Barbara Johnson) 7. Relating to Human Resources; approving and authorizing the position of Water Resource Planner (Regina Fleming) 8. Relating to Human Resources; approving and authorizing the position of Contracts Analyst (Regina Fleming) 9. Minutes of the April 10, 2007 study session and the April 17, 2007 regular meeting. J. COUNCIL ACTION 1. Resolution No. 2007-66: Relating to Transportation; approving and authorizing the Mayor to execute an agreement between the Town, Sun Tran and Continental Ranch Development for the purpose of establishing a Park & Ride lot to enable express bus service from Arizona Pavilions Center to the downtown Ronstadt Transit Center. (Jim DeGrood) COUNCIL MEETING NOTICE AND AGENDA Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 May 1,2007, at or after 7:00 p.m. 2. !h PUBLIC HEARING. Ordinance No. 2007.11: Relating to Municipal Court; amending Title 5 of the Marana Town Code by adding section 5-8, establishing a home detention program for DUI offenders; and designating an effective date. (Jane Fairall) b. Resolution No. 2007-67: Relating to Municipal Court; declaring the revisions to Town Code Title 5 adopted by Marana Ordinance No. 2007.11 as a public record filed with the Town Clerk; and declaring an emergency (Jane Fairall) 3. !h Ordinance No. 2007.12: Relating to Municipal Court; amending Title 5 of the Marana Town Code by adding section 5-6-2, establishing new probation monitoring fees; and designating an effective date. (Jane Fairall) b. Resolution No. 2007-68: Relating to Municipal Court; declaring the revisions to Town Code Title 5 adopted by Marana Ordinance No. 2007.12 as a public record filed with the Town Clerk; and declaring an emergency. (Jane Fairall) 4. !h Ordinance No. 2007.13: Relating to Animal Control; amending Title 6 of the Marana Town Code to establish new dog licensing fees, delinquency penalties, license transfer fees and duplicate tag fees; amending section 6-5-2; and designating an effective date. (Jane Fairall) b. Resolution No. 2007-69: Relating to Animal Control; declaring the revisions to Town Code Title 6 adopted by Marana Ordinance No. 2007.13 as a public record filed with the Town Clerk; and declaring an emergency. (Jane Fairall) 5. Resolution No. 2007-70: Relating to Development; approving and authorizing a preliminary plat for Oasis Hills II. (Kevin Kish) 6. Resolution No. 2007-71: Relating to Development; approving and authorizing the execution of the First Amendment to the Development Agreement Regarding Development Impact Fee Credits for Gladden Farms, and declaring an emergency. (Jim DeGrood) 7. Resolution No. 2007-72: Relating to Mayor and Council; approving May 16, 2007, as the second regular Council meeting in May 2007. (Jocelyn Bronson) COUNCIL MEETING NOTICE AND AGENDA Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 May 1, 2007, at or after 7:00 p.m. K. BOARDS, COMMISSIONS AND COMMITTEES 1. Resolution No. 2007-73: Relating to Boards, Commissions and Committees; approving and authorizing the re-appointments of Scott Mundell, Marsha Johnson and Gary Davidson to the Dove Mountain Resort Community Facilities District for four-year terms to expire in June 2011. (Jocelyn Bronson) L. ITEMS FOR DISCUSSION/POSSIBLE ACTION 1. State Les!islative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature. (Mike Reuwsaat) M. EXECUTIVE SESSIONS 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. N. 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) O. ADJOURNMENT THE FOLLOWING STAFF REPORTS ARE ATTACHED TO THE COUNCIL PACKET D Building D Planning D Court D Police D Finance D Public Works D Human Resources D Town Clerk ~ Marana Chamber of D Water Commerce D Parks &. Recreation D Other ~ .. ,.~~ MARANA ,~ DATE: April 2007 TO: FROM: Mayor and Council Members Ed Stolmaker, President/CEO SUBJEG: 1st Quarter Report for 2007 Calendar Year The fi~ures below show the number of new businesses, revenue, and the businesses in Marana that joined the Marana Chamber of Commerce compared to the 1 st quarter of 2006. 1" quarter of 2007 new members 1 st quarter of 2006 new members 54 20 Revenue $11.151 Revenue $ 4,100 Marana businesses that joined the Chamber in the 151 quarter: A-Z Insurance Mira Vista Resort Rock Your Ima~e Promotions Days Inn Suites Arbonne International Ducati Homes J Cole Financial Send Out Cards Casas Bonitas Development Distindive Maintenance Christ Lutheran Church Super Suppers law offices of Holly Wertz Desi~nManer Majestic Automotive Benners Grill Whispered Interpretations Taste of Texas St. Christopher Roman Catholic Church SCORE Chilis Bar & Grill Lon~ Realty Premier Title Group Chase Bank WJM Computer Solutions Sleep America Visitor center 1 st . VISITORS In state visitors Out of state visitors Forei~n vjsitors TOTALS { quarter statistics 2007 85 642 220 947 2006 184 637 204 1025 13881 N. Casa Grande Highway. Marana, Arizona 85653. Phone 520/682-4314. Fax 520/ 682-2303 <",'........ MAIL 2007 2006 Tourism requests 2 6 Relocation requests 17 25 Business requests 7 38 TOTALS 26 69 WEB SITE VISITS 13,145 11,727 Accomplishments in the 1 st Quaner The Marana Chamber of Commerce held multiple ribbon cuttings for various businesses such as; Basset Furniture in Marana, Chili's in Marana, Gabrielle luoma's, Sleep America in Marana, Majestic Auto Services in Marana. Held six public forums for the primary to give the residence and business community to meet the incumbents and the candidates Staffed Visitor Center with volunteers during Accenture Match Play week f~ Coordinated ad placement in Northwest sedion of the A.Z. Star and Explorer newspaper to promote the Town of Marana Introduced a partnership with MUSD & businesses for the Adopt A School program and designed a logo for the program. Signed a contrad with TREO, Tucson Regional Economic Organization, to survey businesses in the Marana Chamber of Commerce to obtain information that will help with the economic development of the Town of Marana. Created an information table at the Marana Regional Airport for the chamber and the Town of Marana to use for information. We set it up for the Accenture Match Play and the airport requested that we leave it up year around. ,.J'lU'&, 2 ~ MI\Il^!,>!~' TOWN COUNCIL MEETING INFORMATION MEETING DATE: May 1, 2007 TOWN OF MARAN A AGENDA ITEM: I. 1 TO: MAYOR AND COUNCIL FROM: Keith Brann, P.E., Assistant Director of Public Works, Town Engineer SUBJECT: Resolution No. 2007-60: Relating to Streets; approving and accepting 1694 linear feet of roadway improvements located at the southeast corner of Silverbell and Twin Peaks Roads for maintenance. DISCUSSION With approval of this resolution, the Town of Marana will accept for maintenance, including regulatory traffic control signs and street signs, approximately l034 linear feet of Silverbell Road and 660 linear feet of Twin Peaks Road. Improvements, including auxiliary lanes, were constructed as part ofthe Safeway #1749 project. ATTACHMENTS Exhibit A - map of improvements to be accepted. RECOMMENDATION Staff recommends Council acceptance of the public improvements for maintenance. SUGGESTED MOTION I move to approve Resolution No. 2007-60. Safeway 1749 Silverbell & Twin Peaks ROW Acceptance MARANA RESOLUTION NO. 2007-60 RELATING TO STREETS; APPROVING AND ACCEPTING 1694 LINEAR FEET OF ROADWAY IMPROVEMENTS LOCATED AT THE SOUTHEAST CORNER OF SIL VERB ELL AND TWIN PEAKS ROADS FOR MAINTENANCE. WHEREAS, Safeway, Incorporated has completed the public improvements acceptable to Town standards in accordance with the Engineering Plan (ENG0202-007) for the Safeway Store #1749. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana as follows: Section 1. The Town accepts for maintenance, including maintenance of regulatory traffic control and street signs, approximately 1034 linear feet of Silverbell Road and 660 linear feet of Twin Peaks Road, as depicted on Exhibit A. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 1 st day of May, 2007. Mayor Ed Honea. ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Marana Resolution No. 2007-60 Page I of 1 7 ~ I It ~~ d !:2 ~ S""o ~ ~ u ; @ ~ ~ ~~ ~ ~ ~ g ~- o ~ ~~: '" ~ go & I: ~ ~~ H ~ ;.:! ~ ~ ~f ~ ~ ~ >~~" ~ ; ~~ ~ ~ ~ ~. 0: 'i' . <. ~ ~ ~ ~~ 5~ ~ u~ ~ ~ ~ -0 ~ s 0 ~2 ~ u l~ ~o :i I ~ ;1.: it i ~d i ~ 0 ~~ :~ . i:: ~. ~ * . ee eee@@ @ j 0 e ee e ~l 8it U~~nl ~dtdE \ I i i I .1 i I I i I I I S'IO /ip; Ii" I 1,1 t, !_-7:j'I,1 'i i, 'Ii 'I 'I' } ~! Jd i i ~---wJ~;~O~~ ,I ;. i , I I i I I .;" kl: ~ ! ~.". ~I~ ~ i~;~"~~""F BglE~~~~ ," l! l! l! l! l! I B: ~I~ ~ ~~ ! ! ~ - " " '.JI\:'&:,~ L \, ,. 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G ..,.:... _lp..- ...............--~~ 'llI.KT~ L' + LV o <( o a:: (fJ ~ <( w a. z ~ 1 I I I i, ;' '.Ill tli"tt IlTIl+OOL't 'm tln:& ZO"'I'S+ f-. 1'19'0;';+001 '115 '1f SOlOW. mil.lSllU r 1 I i 'OH~I:l:v.llS, . I \ .,f-T ' , '" '" 0' '" '" .. '" N 0' '" N: o "'. N ... N N 0' 01 ci;1 ~I I g! +, ." 0' r-! , 1 I I i of 01 +' ....1 ~I i 0' 0' +1 IDl 0: "-j I i , i I I ol ,0 I lili I....J I i gl +, ..' ~~ <( ...... ..c -- .r:. x UJ 8i j)! ~I I I ! i 81 ~l ~! i TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: May 1, 2007 AGENDA ITEM: 1.2 TO: MAYOR AND COUNCIL FROM: Keith Brann, P.E., Assistant Director of Public Works, Town Engineer SUBJECT: Resolution No. 2007-61: Relating to Streets; approving and accepting a 306 linear foot left turn lane located 800 feet east of the intersection of Silverbell and Twin Peaks Roads for maintenance. DISCUSSION With approval of this resolution, the Town of Marana will accept for maintenance, including regulatory traffic control signs and street signs, a 306 linear foot left turn lane located 800 feet east of the intersection of Silverbell and Twin Peaks Roads for maintenance. ATTACHMENT Exhibit A - map of improvements to be accepted. RECOMMENDATION Staff recommends Council acceptance of the public improvements for maintenance. SUGGESTED MOTION I move to approve Resolution No. 2007-61. Twin Peaks Retail Center ROW Acceptance MARANA RESOLUTION NO. 2007-61 RELATING TO STREETS; APPROVING AND ACCEPTING A 306 LINEAR FOOT LEFT TURN LANE LOCATED 800 FEET EAST OF THE INTERSECTION OF SILVERBELL AND TWIN PEAKS ROADS FOR MAINTENANCE. WHEREAS, Magnum Companies has completed the public improvements acceptable to Town standards in accordance with the Engineering Plan (ENG051 0-005) for Twin Peaks Retail Center. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana as follows: Section 1. The Town accepts for maintenance, including maintenance of regulatory traffic control and street signs, 306 linear feet of left turn lane located 800 feet east of the intersection of Silverbell and Twin Peaks Roads, as depicted on Exhibit A. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 1 st day of May, 2007. Mayor Ed Honea. ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Page 1 of 1 ~ .,,~ ,yaweO" S~SlJ\J~ ~ I~ ; t; ~~ ~~~ ~ ~~~9~~ I I~~~~~ i:2 ~'~:~,~ ~ < a "T ~ ig;ig :)Ol 31lns 'OVO~ 'tN, 153M "cn: 'c.lJn~::':n;tSO~'jL-'1 J~':W~\i '~I o ro .......;' <::> 0 Lw! ...- 0 J~;~n~ 8S i :~~~ ~ ~~~~ o g6t~ '" 3N0'1d H:B:JN:B:::J 1IV J:B:H S)!V:.>!d ~ " w , u ~. r:.@@G $ ~ ':JII, I ~ ~ 2 Z ~~ uP" ~ !.>.-'~ :;z , u , ~ 0 ~ z , " ~ ~ 0 z z :;;:; ~u 5 WI ~ L.. 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I ~ ~ \ ~ 0 ~ 1 ~ ~ ~ ~y~ L i- i_._ u , , ~ , ~ Vie. ~~ > ~3 70 ~~ ~~ we ~~ 00 g~ ~~ ~8 ~g ~o .~ ~~ ~~ iEi . . C> i .;: <1l.,~ !~~ ~ ~t ~~g hi\0 g g~~ ~ ~~~ d gg~ w~ w- z-.J ~, ti <( -I-J ..c -- ..c >< LU R ~ b ~. ~ ~~ ..:: ~'Q '" 08 0 e. gb ~ ~~ 2 ~~ ~~ <II~ i!;~ ~~ 8" ~~ m~ ~nB M~ ;~ ~g ~g i~ ~~ ~~ ~^ ~~ ~~ ~~ !zj ~~ ~~g ~~ ~~~ ~~ ~~~ :;>: ""<II;;: ~; ;~! ""....... ~w'$ ,~ .o~ <^ .~~ ~ " ;i W ~~ ~ ~~ eo ~p 0: ~~ m ~ ~~ ~ ~ g ~! ~ ~ ti :i~ C;; ::> ~.t t:"fu ~ ~~ 3~ i ~~ ~~ .. _ ~t ~El ~ ~ ~~ i~ ~ ~~ ~i7i ~ ~ ~~~! ~ ~~ ~ ~ ~~ ~~ ~~ ~ b~ tS ~ j ~~ ~n~ ~ ~~ ~~ b~ ~~ ~b ~~ ~ ~ ~ TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: May 1, 2007 AGENDA ITEM: 1.3 TO: MAYOR AND COUNCIL FROM: Richard Vidaurri, Chief of Police SUBJECT: Resolution No. 2007-62; Relating to the Police Department; approving and authorizing the execution of a Memorandum of Understanding (MOU) between the Marana Police Department and the Phoenix Police Department! Arizona Internet Crimes Against Children (ICAC) Task Force. DISCUSSION This Memorandum of Understanding (MOU) is to formally affiliate the Marana Police Department with the Phoenix Police Department! Arizona Internet Crimes Against Children (ICAC) Task Force. This MOU delineates the responsibilities of the Arizona ICAC Task Force, maximizes inter-agency cooperation, and formalizes relationships between member agencies. The Task Force is a partially grant-funded multi-agency organization of Arizona-based sworn law enforcement affiliates whose mission is to apprehend Internet sexual predators and Internet child pornographers. The Arizona ICAC is one of 46 nationwide Task Forces working cooperatively with local, county, state, and federal agencies. The Arizona ICAC primary focus is on Internet crimes of sexual exploitation of a minor and the luring of minors for sexual exploitation. The Task Force receives funding from the Department of Justice (DOJ) and, Office of Juvenile Justice and Delinquency Prevention (OJJDP). Training activities are conducted in partnership with Fox Valley Technical College, SEARCH, the National Center for Missing and Exploited Children, the I Safe Organization and the American Prosecutors Research Institute. Resources permitting, member agencies will participate in community education efforts regarding the prevention of Internet Crimes Against Children. The Task Force will provide sub- grant funding for investigative training and equipment to member agencies located throughout Arizona. Affiliation will permit the Marana Police Department (MPD) to stay abreast of the latest developments in the area of Internet Crimes Against Children through web site and e-mail information exchange network. Affiliation will make MPD Detectives eligible to attend ICAC training courses and will permit the Department to submit a request for ICAC sub-grant funds. There is also no cost to participate. Affiliation is continual and renews automatically subject to cancellation by either party. ICAC bluesheet 4/20/2007 RECOMMENDATION Staff recommends approval of the Memorandum of Understanding (MOU) with the Phoenix Police Department/Arizona Internet Crimes Against Children (ICAC) Task Force. SUGGESTED MOTION I move to adopt Resolution No. 2007-62. -2- MARANA RESOLUTION NO. 2007-62 RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE MARANA POLICE DEPARTMENT AND THE PHOENIX POLICE DEP ARTMENT/ ARIZONA INTERNET CRIMES AGAINST CHILDREN (ICAC) TASK FORCE. WHEREAS, the Town of Marana, Pima County, Arizona, recognizes its duty to protect minors through effective police powers against predators who utilize the Internet to lure their victims for exploitation; and WHEREAS, Oro Valley, Arizona DPS, Pinal County SO, Arizona Attorney General's Office, Casa Grande PD, Cochise County SO, Eloy PD, Nogales PD, Sierra Vista PD, are but a few of the participating jurisdictions that form and operate the Arizona Internet Crimes Against Children (ICAC) Task Force; and WHEREAS, the Marana Police Department desires to be a participating jurisdiction of the Arizona Internet Crimes Against Children (ICAC) Task Force and enter into agreements for joint operations in which all agencies act as partners; and WHEREAS, the Arizona Internet Crimes Against Children (ICAC) Task Force will enhance the ability of the participating jurisdictions, through their various law enforcement agencies, to those situations in which use ofthe ICAC Task Force is appropriate; and WHEREAS, a memorandum of understanding has been prepared which will remain in effect for a minimum two-year period and will be automatically renewed unless the agreement is terminated by either party. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, authorizing the Town to execute the Memorandum of Understanding between the Town of Marana Police Department and the Phoenix Police Department/ Arizona Internet Crimes Against Children (ICAC) Task Force, in accordance with the terms ofthe Memorandum of Understanding. ICAC 2007 4/20/2007 PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 1st day of May, 2007. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney ICAC 2007 4/20/2007 Arizona Internet Crimes Aaainst Children Task Force Memorandum of Understandina Parties The Arizona Internet Crimes Against Children (ICAC) Task Force is a partially grant-funded, multi-agency endeavor. Grant funding comes from the Department of Justice, Office of Juvenile Justice and Delinquency Prevention. This Memorandum of Understanding (MOU) is entered into by and between the following agencies: Marana Police Department and Phoenix Police Department Nothing in this MOU should be construed as limiting or impeding the basic spirit of cooperation that exists between the participating agencies. Mission The mission of the Arizona ICAC Task Force is to apprehend and prosecute Internet sexual predators who exploit children through the use of computers. Task Force investigators will investigate crimes involving Internet sexual predators. Investigators will produce high-quality work product leading to successful prosecutions of Internet sexual predators and/or Internet facilitated child pornography. Resources permitting, member agencies will participate in community education efforts regarding the prevention of Internet Crimes Against Children. The Task Force will provide sub-grant funding for investigative training and equipment to member- agencies located throughout Arizona. Within Maricopa County, Task Force members are prepared to respond on short notice to assist law enforcement agencies, subject to availability. Purpose The purpose of this MOU is to delineate the responsibilities of the Arizona ICAC Task Force, maximize inter-agency cooperation, and formalize relationships between member-agencies. The Task Force will investigate suspects who utilize the Internet to seek children as sexual partners and/or who traffic in child pornography. Specific ICAC crimes include Internet sexual exploitation of a minor and luring a minor for sexual exploitation as described in Arizona Revised Statutes, Title 13, Chapter 35.1. Under Federal law, sexual exploitation of children is described in Title 18, Chapter 110. This MOU does not prohibit the investigation of other Internet crimes against children. Oraanizational Structure The Arizona ICAC Task Force includes investigators and supervisors from various local, state, and federal law enforcement agencies who provide assistance subject to availability. Direction All participants acknowledge that the Task Force is a joint operation in which all agencies act as partners. The chain of command and supervision of the Phoenix Police Department Family Investigations Bureau is responsible for the policy and general direction of the Task Force. The Task Force supervisor will periodically contact supervisors and investigators from other participating agencies to keep them informed of training opportunities, unusual circumstances, problems and successes of the Task Force. C:\Docurnents and Settings\rvidaurri.MARANA \Local Settings\Ternporary Internet Files\OLK 1 EE\MOU _ ICAC _2005 m~ 1~3 Arizona Internet Crimes Aaainst Children Task Force Activities of the IGAG Task Force are further governed by the Operational and Investigative standards of the United States Department of Justice, Office of Juvenile Justice and Delinquency Prevention. The document describing the Operational and Investigative Standards contains confidential information not for public release. Member agencies must understand and comply with the standards. The standards are proprietary to the IGAG Board. Release of the standards is protected because release will likely jeopardize ongoing investigations. Supervision The day-to-day operational supervision and administrative control of the Task Force is the responsibility of the IGAG Task Force Sergeant/Project Director, assigned to the Phoenix Police Department Family Investigations Bureau. The supervisor will work cooperatively with other supervisors and investigators from participating agencies to keep them informed of Task Force issues and progress. Responsibility for the personal and professional conduct of Task Force members remains with their respective agencies, in keeping with each agencies rules regarding professional conduct. Investiaations Investigations will be conducted in a spirit of cooperation. Investigations will follow guidelines established by each agency's respective policy manual or guidelines. This MOU is not intended to infringe on the ongoing investigations of any other agency. It is agreed that unilateral acts on the part of employees involved in task force investigations are not in the best interest of the Task Force. Prosecution The criteria for determining whether to prosecute a particular violation in county, state or federal court will focus on achieving the greatest overall benefit to the public. Any question arising pertaining to jurisdiction will be resolved through discussions among the investigative and protectoral agencies having jurisdiction in the matter. When joint jurisdiction exists, this MOU does not preclude additional prosecution(s) in other jurisdictions. Media Relations and Releases Media release information regarding joint Task Force operations will be coordinated and made jointly by all participant agencies. No unilateral press releases will be made by any participating agency without the prior approval of the other participants. No information pertaining to the Task Force will be released to the media without the approval of participant agencies. Media releases shall not include information regarding specific investigative techniques. All efforts will be made to protect undercover on-line identities. Member agencies will refrain from releasing the undercover on-line identity, age, or sex of investigators. Release of such information could jeopardize ongoing investigations where the same undercover name, age and sex are currently in use. Here is an example of an information release involving an undercover on-line luring case: Internet Sexual Predator Arrest - (your agencies name) 1 AZ IGAG Task Force Tuesday, July 5,2005, 1040 hours. Arrested person: John Doe, wlm, 01/01/60 (booked) Offense: Luring a minor for sexual exploitation, ARS 13-3554 C:\Documents and Settings\rvidaurri.MARANA\Local Settings\Temporary Internet Files\OLKIEE\MOU_ICAC_2005 (2).doc 2 of 3 Arizona Internet Crimes Aaainst Children Task Force On Tuesday, July 05, 2005, unemployed suspect John Doe used the Internet on a computer at his home to arrange to meet a minor child for sex. He then traveled to a pre-arranged meeting location in North Phoenix where he was arrested at 1040 hours. A search warrant was served at Doe's home and evidence was seized. Fundina for Eauipment Dedicated grant funds may be provided for equipment to be used in the course of investigations involving Internet crimes against children. The funds shall be distributed in a manner permitting member agencies statewide to equip law enforcement with tools that will improve the investigative process. Member agencies utilizing ICAC funds for equipment agree to conduct investigations of crimes against children as required within their jurisdictions. Specific crimes include but are not limited to, Internet sexual exploitation of a minor and luring a minor for sexual exploitation as described in Arizona Revised Statutes, Title 13, Chapter 35.1. Under Federal law, sexual exploitation of children is described in Title 18, Chapter 110. Fundina for Trainina Dedicated ICAC grant funds may be provided to finance training that would be useful in the investigation of Internet crimes against children. The funds shall be distributed in a manner that will permit investigators from member agencies statewide to gain the knowledge and skills needed to investigate Internet crimes against children. Member agencies utilizing ICAC funds for training agree to conduct investigations of crimes against children as required within their jurisdictions. Specific ICAC crimes include Internet sexual exploitation of a minor and luring a minor for sexual exploitation as described in Arizona Revised Statutes, Title 13, Chapter 35.1 Under Federal law, sexual exploitation of children is described in Title 18, Chapter 110. Duration and Termination This MOU will remain in effect for a minimum two-year period beginning on the last date of signing listed below. Renewal of the agreement will be automatic unless the agreement is terminated by either party. Task Force member agencies may voluntarily withdraw participation at any time by providing written notice. Membership may be terminated by written notice of violation of ICACoperational and investigative standards. Jack F. Harris Police Chief, Phoenix Police Department Richard Vidaurri Chief of Police, Marana Police Department Date: Date: This document has been approved as to form by the Phoenix City Attorney and is on file with the Phoenix City Clerk. C:\Docurnents and Settings\rvidaurri.MARANA\Local Settings\Ternporary Internet Files\OLKIEE\MOU_ICAC_2005 (2).doc 3 of 3 TOWN COUNCIL MEETING INFORMATION MEETING DATE: TOWN OF MARANA May 1, 2007 AGENDA ITEM: 1.4 TO: MAYOR AND COUNCIL FROM: Jocelyn C. Bronson, Town Clerk AGENDA TITLE: Resolution No. 2007-63: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a new No. 12 (Restaurant) liquor license submitted by Kenneth Manuel Gallardo on behalf of Contessa Cafe, located at 4145 W. Ina Road, Suite 111. DISCUSSION Kenneth Manual Gallardo, on behalf of Contessa Cafe, is applying for a new No. 12 (Restaurant) liquor license for premises located at 4145 W. Ina Road, Marana, Suite 111. The State Department of Liquor Licenses & Control has completed a background investigation and has forwarded two copies of an application for a spirituous liquor license in accordance with the State of Arizona Guide to Arizona Liquor Laws. One copy of the application has been posted on the front of the proposed licensed premises for 20 days prior to this meeting. The Council, as the appropriate governing board, must hold a meeting and either approve, disapprove or offer a "no-recommendation" decision on the application. This action must take place within 60 days of the filing of the application. If the application is approved at the appropriate government level, and no written protests have been received by the Town, and if there is no objection by the Director, the application will be approved. This process normally takes 90 days after the filing of the application. If the governing body disapproves the application or offers a "no-recommendation" decision, or if protests have been filed, the application must be set for a hearing before the State Liquor Board. The hearing may be conducted by the board or by a designated hearing officer. The purpose of a hearing is to consider all evidence and testimony in favor of or opposed to the granting of a license. The applicant for a new license bears the burden of demonstrating his or her "capability, qualifications and reliability" and that the granting of a license is in "the best interest of the community" except that, in a person-to-person transfer, an applicant need only prove his or her "capability, qualifications and reliability". An applicant in a location-to-Iocation transfer need only prove that the granting of the license is in the "best interest of the community". The decision by the board to grant or deny an application will normally take place within 105 days after the application has been filed, unless the director deems it necessary to extend the time period. A.R.S. 4-201, 4-201.01, 4-203; Rule R-4-15-102. RECOMMENDATION Staff recommends approval and recommendation of this liquor license to the state liquor board. SUGGESTED MOTION I move to approve Resolution No. 2007-63. -2- MARANA RESOLUTION NO. 2007-63 RELATING TO LIQUOR LICENSES; APPROVAL AND RECOMMENDA nON TO THE STATE LIQUOR BOARD FOR A NEW NO. 12 (RESTAURANT) LIQUOR LICENSE SUBMITTED BY KENNETH MANUEL GALLARDO ON BEHALF OF CONTESSA CAFE, LOCATED AT 4145 W. INA ROAD, SUITE 111. WHEREAS, pursuant to A.R.S. Section 4-201, the Town Council of the Town of Marana is empowered to recommend approval or disapproval of a liquor license request to the Arizona Department of Liquor Licenses and Control; and WHEREAS, Kenneth Manuel Gallardo has applied for a new No. 12 (Restaurant) liquor license on behalf of Contessa Cafe for premises located at 4145 W. Ina Road, Suite 111; and WHEREAS, Town staff filed one copy ofthe application in the office ofthe Town Clerk, and posted the other on the front of the premises at 4145 W. Ina Road, Suite 111 for 20 days along with a statement requiring any bona fide resident residing, owning, or leasing property within a one mile radius in favor of or opposed to such issuance of the license to file written arguments in favor of or opposed to such issuance with the Town Clerk; and WHEREAS, the Town Council considered all statements filed by the applicant and any bona fide resident at a public meeting on May 1, 2007, and has determined that it is in the best interests of the Town and its citizens that the application for a new No. 12 (Restaurant) liquor license for Contessa Cafe, filed by Kenneth Manuel Gallardo for premises located at 4145 W. Ina Road, Suite 111, be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Town recommends approval of the application for a new No. 12 (Restaurant) liquor license filed on behalf of Contessa Cafe by Kenneth Manuel Gallardo for premises located at 4145 W. Ina Road, Suite 111. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 1 st day of May, 2007. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Marana Resolution No. 2007-63 TOWN COUNCIL MEETING INFORMATION MEETING DATE: TOWN OF MARANA May 1, 2007 AGENDA ITEM: I. 5 TO: MAYOR AND COUNCIL FROM: Jocelyn C. Bronson, Town Clerk AGENDA TITLE: Resolution No. 2007-64: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a corporate location transfer of a No. 07 (Beer and Wine Bar) liquor license submitted by Walter Brent Kyte on behalf of Pizza Hut Wing Street #47, located at 8245 N. Silverbell Road, Suite 101. DISCUSSION Walter Brent Kyte, on behalf of Pizza Hut Wing Street #47, is applying for a corporate location transfer of a No. 07 (Beer and Wine Bar) liquor license for premises located at 8245 N. Silverbell Road, Suite 101. The State Department of Liquor Licenses & Control has completed a background investigation and has forwarded two copies of an application for a spirituous liquor license in accordance with the State of Arizona Guide to Arizona Liquor Laws. One copy of the application has been posted on the front of the proposed licensed premises for 20 days prior to this meeting. The Council, as the appropriate governing board, must hold a meeting and either approve, disapprove or offer a "no-recommendation" decision on the application. This action must take place within 60 days of the filing of the application. If the application is approved at the appropriate government level, and no written protests have been received by the Town, and if there is no objection by the Director, the application will be approved. This process normally takes 90 days after the filing of the application. If the governing body disapproves the application or offers a "no-recommendation" decision, or if protests have been filed, the application must be set for a hearing before the State Liquor Board. The hearing may be conducted by the board or by a designated hearing officer. The purpose of a hearing is to consider all evidence and testimony in favor of or opposed to the granting of a license. The applicant for a new license bears the burden of demonstrating his or her "capability, qualifications and reliability" and that the granting of a license is in "the best interest of the community" except that, in a person-to-person transfer, an applicant need only prove his or her "capability, qualifications and reliability". An applicant in a location-to-Iocation transfer need only prove that the granting of the license is in the "best interest of the community". The decision by the board to grant or deny an application will normally take place within 105 days after the application has been filed, unless the director deems it n~cessary to extend the time period. A.R.S. 4-201, 4-201.01, 4-203; Rule R-4-15-102. RECOMMENDATION Staff recommends approval and recommendation to the state liquor board for this liquor license. SUGGESTED MOTION I move to approve Resolution No. 2007-64. -2- MARANA RESOLUTION NO. 2007-64 RELA TINO TO LIQUOR LICENSES; APPROVAL AND RECOMMENDA nON TO THE STATE LIQUOR BOARD FOR A CORPORATE LOCATION TRANSFER OF A NO. 07 (BEER AND WINE BAR) LIQUOR LICENSE SUBMITTED BY WALTER BRENT KYTE ON BEHALF OF PIZZA HUT WINO STREET #47, LOCATED AT 8245 N. SILVERBELL ROAD, SUITE 101. WHEREAS, pursuant to A.R.S. Section 4-201, the Town Council of the Town of Marana is empowered to recommend approval or disapproval of a liquor license request to the Arizona Department of Liquor Licenses and Control; and WHEREAS, Walter Brent Kyte has applied for a corporate location transfer No. 07 (Beer and Wine Bar) liquor license on behalf of Pizza Hut Wing Street #47, for premises located at 8245 N. Silverbell Road, Suite 101; and WHEREAS, Town staff filed one copy of the application in the office ofthe Town Clerk, and posted the other on the front of the premises at 8245 N. Silverbell Road, Suite 101 for 20 days along with a statement requiring any bona fide resident residing, owning, or leasing property within a one mile radius in favor of or opposed to such issuance of the license to file written arguments in favor of or opposed to such issuance with the Town Clerk; and WHEREAS, the Town Council considered all statements filed by the applicant and any bona fide resident at a public meeting on May 1, 2007, and has determined that it is in the best interests ofthe Town and its citizens that the application for a corporate location transfer liquor license for Pizza Hut Wing Street #47, filed by Walter Brent Kyte for premises located at 8245 N. Silverbell Road, Suite 101, be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Maran a, Arizona, that the Town recommends approval of the application for a corporate location transfer of a No. 07 (Beer and Wine Bar) liquor license filed on behalf of Pizza Hut Wing Street #47, by Walter Brent Kyte for premises located at 8245 N. Silverbell Road, Suite 101. Marana Resolution No. 2007-64 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 1 st day of May, 2007. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Marana Resolution No. 2007-64 TOWN COUNCIL MEETING INFORMATION MEETING DATE: May 1, 2007 TOWN OF MARANA AGENDA ITEM: 1.6 TO: MAYOR AND COUNCIL FROM: Barbara Johnson, Director of Public Works SUBJECT: Resolution 2007-65: Relating to Real Estate; approving and authorizing the Director of Public Works to execute certain Sewer Easements that the developer inadvertently failed to reserve when dedicating portions of Saguaro Springs to the Town of Marana. DISCUSSION The Development Agreement for Saguaro Springs Development was adopted by the Town Council on April 21, 1998, by Resolution No. 98-38. On April 6, 2004, the Town Council authorized an Amended the Development Agreement with Best Associates II, LLC. On March 7, 2006, the Saguaro Springs Blocks 1 - 10 & A thru D and Lots 1 - 9 & A and D Plat was recorded with the Pima County Recorder's Office in Map 58 at Page 23. The Development Agreement and final plat facilitated the transfer of Blocks A and C to the Town for public drainage and open space purposes and Block 5 for a public park. The Saguaro Springs Park was dedicated to the Town by Special Warranty Deed recorded with the Pima County Recorder's Office in Docket 12755 at Page 4378 on March 7,2006. Conclusion: The developer inadvertently failed to reserve two additional Sewer Easements as needed for the development of Saguaro Springs within of Block A, C, & 5 now owned by the Town. The exhibits are referenced in Resolution Exhibits A and B. The Town and the developer are required under the terms of the original Saguaro Springs Development Agreement to undertake all things necessary, in good faith, to carry out the intention of the Development Agreement. The granting of the Sewer Easements is necessary for the project and for the benefit of the public. Granting the two Sewer Easements will allow the Town and the developer to carry out the overall purpose for the Development Agreement and exercise good faith and cooperation. RECOMMENDATION Staff recommends approving and authorizing the Director of Public Works to execute the Sewer Easements in Blocks A, C, and 5 in Saguaro Springs. ATTACHMENTS Resolution 2007-65Saguaro Springs Blk A,C,5) 4/20/2007 BLB-MF Page 1 012 Two Public Sewer Easements; Exhibit A and Exhibit B. SUGGESTED MOTION I move to approve Resolution No. 2007-65. Resolution 2007-65 (Saguaro Springs-Blk A, C & 5) Page 2 of2 4/24/2007 BB:MF MARANA RESOLUTION NO. 2007-65 RELATING TO REAL ESTATE; APPROVING AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE CERTAIN SEWER EASEMENTS THAT THE DEVELOPER INADVERTENTLY FAILED TO RESERVE WHEN DEDICATING PORTIONS OF SAGUARO SPRINGS TO THE TOWN OF MARANA. WHEREAS, Saguaro Springs Blocks A, & C have been dedicated to the Town for public drainage and open space purposes by the Saguaro Springs final plat recorded with the Pima County Recorder's Office in Map 58 at Page 23; and WHEREAS, Saguaro Springs Blocks 5 has been dedicated to the Town by the Special Warranty Deed recorded with the Pima County Recorder's Office in Docket 12755 at Page 4378 on March 7, 2006, for Park purposes pursuant to the Amended and Restated Development Agreement recorded with the Pima County Recorder's Office in Docket 12278 at Page 3092 et seq.; and WHEREAS, the Town and the developer of the Saguaro Springs project now realize that two additional Sewer Easements should have been reserved prior to the dedication of Saguaro Springs Blocks A, C and Block 5; and WHEREAS, execution of the easements by the Town is necessary for the Saguaro Springs project and carries out the spirit and obligation of cooperation among the parities, as expressed in the Saguaro Springs Development Agreement and its amendments. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the easements attached to and incorporated by this reference as Exhibit A and Exhibit B are hereby approved, and the Director of Public Works is hereby authorized to execute them for and on behalf of the Town of Marana. IT IS FUTHER RESOLVED that the Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to complete the terms, obligations, and objectives of the aforementioned easements and Development Agreement. Resolution 2007-xx (Saguaro Spgs BLK A.C.5 Sewer Easement) 070327 _BLB.doc) Page 1 of2 PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 1st day of May, 2007. Mayor Ed Honea APPROVED AS TO FORM: ATTEST: Frank Cassidy, Town Attorney Jocelyn C. Bronson, Town Clerk Resolution 20m-xx (Saguaro Spgs BLK A,C,5 Sewer Easement) 070327 _BLB.doc) Page 2 of2 4/24/: Resolution Exhibit B SEWER EASEMENT For valuable consideration, Town of Marana, an Arizona municipal corporation, "Grantor", does hereby grant to Pima County, a political subdivision of the State of Arizona, "County", a permanent easement for the construction, installation, maintenance, repair, operation, replacement and removal of sewer lines, manholes and appurtenances in, over, under and across the real property described on the attached Exhibit "A" (the "Property"), and depicted on the attached Exhibits "A-I" and "A-2". County may enter on the Property at any time for the purpose of construction, maintenance, repair, service, replacement and removal of any sewer lines, manholes and appurtenances. Following any use of the Property for the above purposes, County will restore the Property to its condition prior to County's use. Grantor may use the Property for any purpose consistent with the exercise of the easement by County. Grantor(s) agrees to maintain the easement free of any obstruction or encroachment sufficient to allow County access to its facilities at all times. THIS EASEMENT is granted this _ day of , 2007. For: Town of Marana, an Arizona municipal corporation By: Its: STATE OF ARIZONA ) ) ss ) COUNTY OF PIMA This instrument was acknowledged before me this _ day of as ,2007, by for Town of Marana, an Arizona municipal corporation. Notary Public My Commission Expires: Board of Supervisors ADproval: S 18 IT 12S IR 12E Agent: LL I File #: Saguaro Springs Activity #: I P [] De [] Do [] E [ ] Stantec Consulting Inc. 201 North Bonita Avenue Suite 101 Tucson III 85745.2999 Tel: (52Q) 750-7414 Fax: (520) 750-7470 i>>I8fT A stantec.com Description of a Public Sewer Easement 5tantec DESCRIPTION of a proposed public sewer easement over, under and across that certain property known as Blocks "C" of SAGUARO SPRINGS, as described in Book 58 of Maps and Plats, Page 23, in the office of the Pima County Recorder, being located in a portion of Section 18, Township 12 South, Range 12 East, Gila & Salt River Meridian, Town of Marana, Pima County, Arizona. Said easement being more fully described as follows: BEGINNING AT the Northwest comer of said Block "C", being common to Block "C", Block 3 and Saguaro Highlands Drive, from which the Northeast corner of said Block "C", bears North 83"46'30" East a distance of 200.01 feet; Thence North 83"46'30" East, along the North line of said Block KC", a distance of 5.07 feet; Thence South 08"40'15" East a distance of 166.10 feet; Thence South 06"45'15" East a distance of 342.29 feet; Thence South 20023'08" East a distance of 133.45 feet; Thence South 42"04'34" West a distance of 5.19 feet to point on the West line of said Block "C"; Thence North 22049'05" West, along the West line of said Block "C", a distance of 138.13 feet; Thence continue along said West line, North 06044'54" West, a distance of 508.72 feet to the POINT OF BEGINNING. Disclaimer: Stantec Consulting accepts no liability for this descdption if it has been modified or reformatted in any way from its original format and content, or used for any purpose other than that for which it was originally intended. Prepared by Peter D. Cote, RLS Prepared on January 30, 2007 Reprinted on February 16, 2007 Prepared for and on behalf of Stantec Consulting Inc. Project Number: 185621934-400.956 ~~/ W:\active\ 165621 934\sufYey\legalsIBlock-C-sewer _esmt_07Q130.doc 8;$ #;01 EXHIBIT A 1 \ \ POINT OF BEGINNING - - NB3'46 , 30 "[ 200.01 Block 3 (Bk. 58 MILP, Pg. 23) Block C (Bk. 58 MILP, Pg. 23) PROPOSED SEWER EASEMENT 624 62'5 THIS SKETCH IS FOR EXHIBIT PURPOSES ONLY AND DOES NOT CONSTITUTE A PROPERTY BOUNDARY SURVEY. - - -- - ...... {' /". 'r.I' ',t...., ~; 4G5 4G4 ........... ." 4G6 ..' .' . ...00 ., 48G 4U{ . .... .' . ..... 4G8 . ..0 . ....00. .... .. 00' 409 . .... 0,0.- .',. . if 481 'T:; 4;:'; 4~b January, 2007 185621934 Stantec Consulting 201 North Bonito Ave Tucson AZ U.S.A. 85745-2999 Tel. 520.750.7474 5tantec Fax. 520.750.7470 www.stontec.com SAGUARO SPRINGS J2J..W.....::C.. ~~r~~.lIJili~~ Figure No. Title Description Exhibit Sewer Easement ~ " C L ft . ~.'- ~ ~ I Z -""!!!t $ t ~ , '> .~ '<:1'\,'" -.. 9 mHll us IHll IWYK EXIBT A - d.- ii !i I , , , I I )"OOU __ ,Cie. (_ _I ........- "' -:r ~ , I . z I o o 01 . z z I I o 0 o 01 o ...- " " " z I o '-. '" .,~....... ' =:J ~~ '\ ~ ",.. .J / '" ~ Cll- ,"* 1...le . ~ I, 'If:~ _ ~ ;-.' ~ I i 1__ II ~ 81--1 i:1 11 ~. (I." .:'~ '1t ~ ~ OIi u~ i +, t~1 ~~ Ii $ ~;1 6 M-OOZ6 M-OO~6 M-OOt6 ~: : ,~ t I:l . ... ~.9 H* .li tit! . fIll I I -I I I -I i i I I i I i I I I ---..--. a :~ Ji ., ! ~: - j~ J~l;l;)~ql. ~. .~~~ ! I 'I .: .l ~.., .~ ... mj (Q.,j qJ)) a c be n 'l:.((f)) <<.l - c:2 ........ m'~ c.. =II li (l) a::!J ~ (,) .~l'i .....'WIO !! .... II'R"2 J! o '10\\0:;; 00 j . ii, . <t 0 :i " lj- 0 ~ ~ ~ I: ~ ~ il ~ > ~ c:; 0 " 0 i: '_1 . '" '" ~ ~ < 0 ,. c ;-t N m .. ~ '" ;~ n: .)l .~ ~ a. v. " ~ ;;.- ;;: " ~ . '" g " vo <ii " <ii 1 ~ g :r ~ ~ u 0, m F u ~ ,. .. .. ]" ~ ~ ~~ " ~~ c ., . 1Il ~ -- - ;". .=.~-i,~ i~'!1 5:5~li U'S"-: 01 l ]I: ~~i :.-~", r " Z" '" f ,. ... ,;; ~ Resolution Exhibit A PUBLIC SEWER EASEMENT For valuable consideration, Town of Marana, an Arizona municipal corporation, "Grantor", does hereby grant to Pima County, a political subdivision of the State of Arizona, "County", a permanent easement for the construction, installation, maintenance, repair, operation, replacement and removal of public sewer lines, manholes and appurtenances in, over, under and across the real property described on the attached Exhibit "A", depicted in Exhibit "A-I", (the "Property"). County may enter on the Property at any time for the purpose of construction, maintenance, repair, service, replacement and removal of any public sewer lines, manholes and appurtenances. Following any use of the Property for the above purposes, County will restore the Property to its condition prior to County's use. Grantor may use the Property for any purpose consistent with the exercise of the easement by County. Grantor agrees to maintain the easement free of any obstruction or encroachment sufficient to allow County access to its facilities at all times. THIS EASEMENT is granted this _ day of ,200('7 S18 /T12S R12E Activi #:4RPWWMADM8 P [] De [] Do [] E [X] Saguaro Springs Sewer Easement ""..'~.c..~,........,._~;""."..,_. .>__,._^,.,_~,_.~......;_~.""-,,,,=,~,,"~"",,,,,,,,,,,",,~_._....-....-,,_.~"~,,--~-~",,"",,~~-- STATE OF ARIZONA COUNTY OF PIMA ) ) ss ) Grantor: Town of Maran a, an Arizona municipal corporation By: As: ,200,?by This instrument was acknowledged before me this _ day of for: Town of Maran a, an Arizona municipal corporation My Commission Expires: Saguaro Springs Sewer Easement Notary Public S18 T12S Rl2E Activi #:4RPWWMADM8 P [] De [] Do [] E [X] " Slanlec consulting Ine. 201 North Bonita Avenue Suite 101 Tucson AI 85745-2999 Tel; (520) 750-7474 Fax: (520) 750-7470 stantec.com ~ . Stantec EXHIBIT A , \\.. \. DESCRIPTION OF 40' SEWER EASEMENT \ \ \ \ .. \ \ \ \ \ \ \ \. An Easement for sewer purposes over, under and across a portion of Block 5 as described in Docket 12755, at Page 4378 and that portion of Block A as shown on the final plat of SAGUARO SPRINGS BLOCKS 1 THRU 10 & A THRU 0 AND LOTS 1 THRU 9 & A AND B as recorded in Book 58 of Maps and Plats, at Page 23, Office of the County Recorder, Pima County, Arizona. Located in Section 18, Township 12 South, Range 12 East, Gila and Salt River Meridian, Pima County, Arizona. Said Easement being 40 feet in width, being more particularly described as follows; COMMENCING at the North corner of said Block A; Thence South 38018'55" East, along the Northeasterly line of said Block A, a distance of 606_74 feet to the TRUE POINT OF BEGINNING; Thence continue along said Northeasterly line, South 38018'55" East a distance of 45.92 feet; Thence leaving said line, South 81 D05'44" West a distance of 166.45 feet to a point on the Northeasterly line of said Block 5; Thence North 38018'55" West, along said Northeasterly line, a distance of 9.47 feet to the Northeastern most corner of the Park Site as described in said Docket 12755, at Page 4378; Thence South 36022'16" West, along the Southeasterly line of said Park Site, a distance of 11.72 feet; Thence leaving said line, South 81005'44" West a distance of 14.03 feet; Thence South 36023'27" West a distance of 879.56 feet; Thence North 81046'56" West a distance of 401.78 feet to a point on the Southeast line of an existing sewer easement as shown on aforementioned plat of SAGUARO SPRINGS; Thence along said Southeast line, North 36055'19" West a distance of 56.71 feet; Thence South 81046'56" East a distance of 418.03 feet; Thence North 36023'27" East a distance of 872.06 feet; Page 1 of 2 \ \ \ \ \ \ \ \ I I I r I I I / I Stan~~ject: 185621934 Saguaro Springs Page 2 of 2 Thence North 81005'44" East a distance of 187.37 feet to the TRUE POINT OF BEGINNING. Said Easement contains: 58,992 square feet or 1.35 acres more or less. Disclaimer: Stantec Consulting accepts no liability for this de$cription if it has been modified or reformatted in any way from its original format and content, or used for any purpose other than that for which it was originally intended. Prepared on August 15. 2006 Prepared for and on behalf of Stantec Consulting Inc. Prepared by Peter D. Cote RLS 44121 Project Number: 185621934 W:\active\ 185621934\surveyllegals\40' sewer_B.doc .~()16 fffr/Oj EXHIBIT A 1 Block 6 BK. 58 ~&:P PG. 23 I Block 5 BK. 58 LI&:P PG. 23 / I / I I l- I "lHlS SKETCH IS FOR EXHIBIT PURPOSES ONl.Y At.() DOES NOT CONSTITUTE A PROPERTY eotNlAA\' SURVEY. August, 2005 ~1It.r:;: 'It ""':1.. \""'-"'rn_'Iri.r.:\r"...,\I7......q\COCPEJl\O"'Iio.- 2d.d"j; ~ \...ti..\18SG219J4"""..y\4t"""'I\o....;...cr..... II': ""Ln.\:loquur...$i";''''''''...,\druwio<J\OO~-:~il: - it~'U.d"l 1 8562 1934 _.....-._-~_... ..---..-.-.--...--.----.-.---------...--.....-.--..- Ctien~iProjecl".--"............-"'"..--...- Stantec Consulting SAGURO SPRINGS- 201 North Bonito Ave BLOCKS A << 5, BK 53, M&P PO. 2J Tucson AZ U.S.A. ___~~.:....._!:.:::-_!1.?. R-12E 85745-2999 Figure No. --_..1.:Q....----- Tel. 520.750.7474 Title Stantec Fox. 520.750.7470 www.stontec.com Description Exhibit SEWER EASEMENT TOWN COUNCIL MEETING INFORMATION MEETING DATE: May 1, 2007 TOWN OF MARANA AGENDA ITEM: 1.7 TO: MAYOR AND COUNCIL FROM: Regina Fleming - Human Resources Director SUBJECT: Relating to Human Resources; approving and authorizing the po- sition of Water Resource Planner. DISCUSSION The Water Department requests the proposed new position of Water Resource Planner. The ad- dition of this position is necessary to assist the Water Department, the Legal Department, and the Town Manager's Office on water resource acquisition and management strategies and policies. ATTACHMENTS Justification for the position; Job Description. RECOMMENDATION Staff recommends approving and authorizing this position. SUGGESTED MOTION I move to approve the position of Water Resource Planner in the Water Department. {00004588.DOC /} FJC/cds 4/18/07 Human Resources Department Justification for new staff Position Title: Water Resources Planner Department: Water Introduction To create a new staff position, the supervisor of the unit or the department manager must submit a request to create the position to the appropriate department head, who will submit a recommendation to the Human Resources Department. Following review by the HR department, the request will be submitted to the Town Manager's office for review. The Department Head will provide along with the justification, a personnel requisition, position description, associated budget necessary to staff the new position. ~ New Position D Additional staff for existing position D Other (explain) Do you expect to fill the position with a current employee? DYes ~ No If so, do you expect the resulting vacant position to be backfilled DYes D No Full-time ~ Part-time D ExemptD Non-Exempt~ Process: Provide information relevant to the replacement position: What services have not been offered due to the vacancy; has there been irreparable harm (impact on department effectiveness) due to the vacancy, etc.? Not applicable (not a vacancy) Does this position require a high degree of specialization that the existing staff cannot adequately provide to maintain the integrity and continuity of the department? (If so, explain) Yes. It requires a high level of technical knowledge about Arizona water law and the interplay between new development and water resource needs. It requires civil engineering knowledge sufficient to assist the Town in determining what water resource alternatives are available and feasible, to analyze the relative cost of each water resource alternative, and to carry out the acquisition of new water resources. It requires a high level of water policy knowledge to propose and implement water conservation and water resource acquisition policies. Are the department services in jeopardy without this position and is there evidence of workload demand? (if so, explain) Yes. Water resource needs are critical to the continued financial health of not only the Water Department but also the Town as a whole. Despite a high level of water policy knowledge and Human Resources Department experience within the existing Town Water Department management, the demands of running the department and dealing with day-to-day issues has made it impossible to bring forward and implement critical water resource acquisition and management policies. Office accommodation and furniture required. Yes Budget Implications: ITEM Associated Cost Annual Salarv: 55,633.00 Employee related expenses: (30% of salary) 16,689.90 Office/workspace costs: 2,000.00 Other entitlements (car allowance, phone, laptop etc. attach justification) 360.00 IT associated costs: 3,360.00 Total costs for position 78,042.90 Does the department have sufficient resources in the budget for this position? Yes[8J NoD If no, provide justification: *Note: please provide a separate addendum with quantifiable data to show workload increase if applicable. Human Resources Department Addendum A Human Resources Department Position Title: Water Resource Planner Department: Water Job Code: eDOT code: Sic code: Workers Compensation code: 9410 EEOC Code: 3 Reports to: Brad DeSpain Salary RanQe: 65 $55,633 - $84,652 ~ Exempt DNon-Exempt ~ Full-time D Part-time ~ Permanent D Temporary D Seasonal ~ Classified D Unclassified Revision Date: April 2007 Position Summary: Under general direction of the department head develops and implements assigned water resource acquisition and management programs; provides policy assistance, cost of acquisition and direction on sensitive water acquisition and resource management issues; coordinates implementation of assigned programs with other development and program managers. Work product consists of operational coordination/administration of assigned water resource acquisition, cost of service studies, review of water design plans and management and conservation programs. Responsible for developing/revising water plans policies, procedures, regulations, and/or management plans associated with the assigned water resource acquisition, management, conservation and costs related to those programs; interpreting and explaining water resource acquisition and management laws, regulations, policies, programs, plans, costs and/or issues. Essential Job Functions: . Directs the development/implementation of a multi-program water resource acquisition and management program . Develops/revises policies, rules, and procedures to facilitate development/implementation of assigned water resource acquisition and management programs. . Interprets, explains, and defends water resource acquisition and management policies, programs, regulations and plans to representatives of regulated businesses, community leaders, and the public. . In conjunction with the Utilities Director, Town Manager and Town Attorney negotiates with governmental officials, representatives of regulated businesses, and the public to resolve highly complex, sensitive, visible water resource management issues, costs and problems. . Prepares comprehensive reports/recommendations regarding water resource acquisition, costs and management programs, plans, issues, and activities. . Coordinates/integrates water resource policy and program activities with overall department goals and objectives. . Performs related work as required and assigned by the Utilities Director. Supervision Exercised: Possible future staff, assistants, and clerical support. Essential Job Requirements: Education: Bachelor's degree with at least three years of water resource policy work experience, or Master's level education with a water resource emphasis; civil engineering education and experience preferred. Experience: See Education. {00004447.DOC f} Human Resources Department Knowledge: Ecological, hydrologic, engineering, socio-economic aspects, costs of water supply and utilization; current concepts and practices in water resource planning and management; state and federal laws, rules and regulations regarding water resource management; Arizona Department of Water Resources goals/direction regarding managing the state's water resources, including current/proposed management plans; state and federal court rulings impacting water resource management in Arizona; the legal, institutional, and physical aspects of water supply and utilization. Required Skills: Develop policies/procedures to facilitate program implementation; interact with others to explain, interpret, and/or defend water resource acquisition, costs and management policies, programs, plans, laws, and regulations; establish and maintain effective working relationships with regulated business representatives, governmental officials, community leaders, and the public. Working Conditions: Work is performed in normal office setting. Noise level is moderate, primarily from office machines. The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is frequently required to sit and turn, and talk or hear, use hands to finger, handle, feel or operate objects, tools, or controls; and reach with hands and arms. Hazards: No perceptible hazards. Selection Guidelines: Formal application; rating of education and experience; oral interview and reference check; job-related tests may be required. LIMITATIONS AND DISCLAIMER The above job description is meant to describe the general nature and level of work being performed; it is not intended to be construed as an exhaustive list of all responsibilities, duties and skills required for the position. All job requirements are subject to possible modification to reasonably accommodate individuals with disabilities. Some requirements may exclude individuals who pose a direct threat or significant risk to the health and safety of themselves or other employees. This job description in no way states or implies that these are the only duties to be performed by the employee occupying this position. Employees will be required to follow any other job-related instructions and to perform other job-related duties requested by their supervisor in compliance with Federal and State Laws. Requirements are representative of minimum levels of knowledge, skills and/or abilities. To perform this job successfully, the employee must possess the abilities or aptitudes to perform each duty proficiently. Department Head Name/Signature Date {00004447.DOC /} Human Resources Department Human Resources Approval/Comments: Authorized Human Resources Signature Date {00004447.DOC I} TOWN COUNCIL MEETING INFORMATION MEETING DATE: May 1,2007 TOWN OF MARANA AGENDA ITEM: 1.8 TO: MAYOR AND COUNCIL FROM: Regina Fleming - Human Resources Director SUBJECT: Relating to Human Resources; approving and authorizing the po- sition of Contracts Analyst. DISCUSSION The Public Works Department requests the proposed new position of Contracts Analyst. The addition of this position is necessary to assist the Public Works Department in the development of process oriented project management which is designed to increase productivity and account- ability. ATTACHMENTS Justification for the position; Job Description. RECOMMENDATION Staff recommends approving and authorizing this position. SUGGESTED MOTION I move to approve the position of Contracts Analyst in the Public Works Department. {00004588.DOC /} FJC/cds 4/18/07 Human Resources Department Justification for new staff Position Title: Contract Analyst Department: Public Works Introduction To create a new staff position, the supervisor of the unit or the department manager must submit a request to create the position to the appropriate department .head, who will submit a recommendation to the Human Resources Department. Following review by the HR department, the request will be submitted to the Town Manager's office for review. The Department Head will provide along with the justification, a personnel requisition, position description, associated budget necessary to staff the new position. ~ New Position o Additional staff for existing position o Other (explain) Do you expect to fill the position with a current employee? ~Yes 0 No If so, do you expect the resulting vacant position to be backfilled 0 Yes 0 No Full-time ~ Part-time 0 ExemptD Non-ExemptD Process: Provide information relevant to the replacement position: What services have not been offered due to the vacancy; has there been irreparable harm (impact on department effectiveness) due to the vacancy, etc.? The Public works Department is moving toward contract and performance standards. The Contract analyst will provide the internal controls necessary for a successful departmental cultural change. Does this position require a high degree of specialization that the existing staff cannot adequately provide to maintain the integrity and continuity of the department? (If so, explain) The position requires a high degree of specialization that provides for consistent high performance and accuracy within the context of a contracting environment. The combination of technical knowiedge and ability to properly apply the knowledge in a detail oriented environment. Are the department services in jeopardy. without this position and is there evidence of workload demand? (if so, explain) Yes, The Public Works Department is mobilizing three times as many projects this fiscal year as last. Human Resources Department Office accommodation and furniture required. Yes. ~/I' Human Resources Department Budget Implications: ITEM Associated Cost Annual Salary: $42,561 Employee related expenses: (30% of salary) $12,768 Office/workspace costs: 2,000 Other entitlements (car allowance, phone, laptop etc. attach justification) $360 IT associated costs: 3,360 Total costs for position 61,049 Does the department have sufficient resources in the budget for this position? Yes~ NoD If no, provide justification: *Note: please provide a separate addendum with quantifiable data to show workload increase if applicable. Human Resources Department Addendum A Human Resources Department Position Title: Contracts Analvst Deoartment: Public Works Job Code: 01564 eDOT code: Sic code: Workers Comoensation code: 8810 EEOC Code: 3 Reoorts to: Salarv Ranoe: 54 r8J Exemot DNon-Exemot r8J Full-time o Part-time r8J Permanent o Temoorary 0 Seasonal r8J Classified o Unclassified Revision Date: Position Summary: Responsible for technical and analytical support services to meet customer requirements. Applies analytical, operational, technical knowledge and skills to carry out assignments. Uses or develops creative and innovative techniques in recommending approaches, defining problems and possible solutions, and recommending inputs and conclusions. Essential Job Functions: : (Essential functions, as defined under the Americans with Disabilities Act, may include the following tasks, knowledge, skills, and other characteristics. This list of tasks is ILLUSTRATIVE ONLY, and is not a comprehensive listing of all functions and tasks performed by positions in this class.) Tasks: Reviews and analyzes moderately complex contracts, task statements, standards, specifications, drawings and other documentation to determine requirements. Independently evaluates, selects and applies standard techniques, procedures and criteria, using judgment in making adaptations and modifications. Responsible for assuring that the generation, release, and maintenance of documentation is in accordance with Town and contractual requirements. Reviews, writes and edits reports such as evaluation plans, test results, and technical manuals. Assists in developing new applications, modifications and/or procedures for products or systems in order to provide the customer with effective solutions to establish Town requirements. May assist in analyzing the effectiveness and feasibility of new systems or equipment. Responsible for maintaining quality assurance standards. Assists in the collection of contract and engineering data in a form suitable for analysis. Analyzes data comparing against specified and computed values and suggests changes and improvements where needed. Assists in preparing contracts, reports and documentation delineating task, analysis and design, results and recommendations for further effort, if needed. Provides reports and presentations to customers as required. Analyzes assigned tasks to determine estimates of work-hours, resources and material needed for completion. Provides assistance to budget personnel in preparing cost estimates. -~'''''--''-'''''''''''''+'''''<-'''.'-'''''''''.<-"'''~'~~~--'-'<'~''-'~ Human Resources Department Assist contracts administrator, managers and attorneys with the review and negotiation of contracts. Supports the management of the process and workflow of contracts, and will ensure the proper routing of documents for execution by the Town and customer. Supervision Exercised: None Essential Job Requirements: Education: BA/B.S. in business or technical related field Experience: Four (4) years experience Knowledge: Read and interpret plans, specifications, blueprints Perform a wide variety of duties and responsibilities with accuracy and speed under the pressure of time-sensitive deadlines; Quickly learn and put to use new skills and knowledge brought about by rapidly changing information and/or technology; Operate a personal computer and related software; Demonstrate integrity, ingenuity and inventiveness in the performance of assigned tasks; Maintain effective working relationships with customers, other employees, supervisory personnel, and the public; Use logical and creative thought processes to develop solutions according to written specifications and/or oral instructions. Knowledge of the appropriate standards including the Pima County/City of Tucson Standard Specifications and Standard Details for Public Improvements, latest edition, and any approved/accepted amendment/revisions. ADOT's Standard Specifications and Standard Details for Road and Bridge Construction, latest Edition, and any approved/accepted amendments/ revisions. Knowledge of the legal ramifications of Contract Change Orders, Supplemental Agreements and Contract Addenda. Knowledge of the various components of the Contract Documents for construction. Human Resources Department Skill in working with property owners, consultants, contractors, general public and to effect satisfactory relationships. Skill in conducting engineering research work and in writing technical reports. Skill in communicating effectively, both orally and in writing. Skill in using personal computers and appropriate software. Ability to read, interpret and apply laws, rules, regulations, poliCies and/or procedures. Communicate information and ideas clearly and concisely, in writing, read and understand information presented in writing. Ability to act as an intermediate agent to help to resolve differences, conflicts and/or complaints. Ability to develop and/or implement new policies/procedures/standards and/or rules/regulations. Preferred skills: Special Job Requirements: Must possess, or be able to obtain, a valid and appropriate Arizona drivers license as required for job related duties. Working Conditions: Work is performed in normal office setting. Noise level is moderate, primarily from office machines. The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is frequently required to sit and turn, and talk or hear, use hands to finger, handle, feel or operate objects, tools, or controls; and reach with hands and arms. Hazards: No perceptible hazards. Selection Guidelines: Formal application; rating of education and experience; oral interview and reference check; job-related tests may be required. LIMIT A TIONS AND DISCLAIMER The above job description is meant to describe the general nature and level of work being performed; it is not intended to be construed as an exhaustive list of all responsibilities, duties and skills required for the position. All job requirements are subject to possible modification to reasonably accommodate individuals with disabilities. Some requirements may exclude individuals who pose a direct threat or significant risk to the health and safety of themselves or other employees. ~/j' Human Resources Department This job description in no way states or implies that these are the only duties to. be performed by the employee occupying this position. Employees will be required to follow any other job-related instructions and to perform other job-related duties requested by their supervisor in compliance with Federal and State Laws. Requirements are representative of minimum levels of knowledge, skills and/or abilities. To perform this job successfully, the employee must possess the abilities or aptitudes to perform each duty proficiently. Department Head Name/Signature Date Human Resources Approval/Comments: Authorized Human Resources Signature Date MINUTES OF STUDY SESSION MEETING MARANA MUNICIPAL COMPLEX DATE: April 10, 2007 PLACE AND DATE Marana Municipal Complex A. CALL TO ORDER AND ROLL CALL By Mayor Honea at 7:00 p.m. COUNCIL Ed Honea Herb Kai Bob Allen Jim Blake Patti Comerford Tim Escobedo Carol McGorray Mayor Vice Mayor Council Member Council Member Council Member Council Member Council STAFF Mike Reuwsaat Gilbert Davidson Jim DeGrood Frank Cassidy Jocelyn Bronson Town Manager Deputy Town Assistant Town Town Attorney Town Clerk B. ENT OF SILENCE Led by Mayor ORDER OF BUSINESS N/POSSIBLE ACTION 1. Discussi and direction regarding proposed amendments to Title 6 of the Marana Town Code (Animal Control) , adopting new licensing fees, delinquency penalties, license transfer fees and duplicate tag fees and new language regarding restitution to victims of vicious or destructive animals (Jane Fairall) Ms. Fairall addressed Council and stated the first item is a proposed amendment to Title 6 of the Town Code regarding animal control. This proposed amendment adopts new licensing fees, new delinquency penalties, transfer fees and duplicate tag fees. This is brought to Council at the request of Pima Animal Control Center. 1 MINUTES OF STUDY SESSION MEETING MARANA MUNICIPAL COMPLEX DATE: April 10, 2007 The Board of Supervisors adopted these new increased fees effective Aprill, 2007. Most of the fees are modest increases. The County requests that we consider doing this to eliminate any public confusion regarding different fee schedules for different areas in the County. It is more consistent to keep everyone the same. A letter was sent to all jurisdictions in Pima County requesting that they consider these fee changes. One of the changes is regarding the restitution for people who are victims of a vicious or destructive animal. Our current ordinance sets a cap of restitution up to a thousand dollars, but under State law for any criminal offense ifthere's economic loss the court is required to award restitution fOf the full amount which could be over a thousand dollars under certain circum~~a11.ces. So the change would say that the court should award restitution in the full_ount of the victim's economic loss. Finally, Section 6-5-2(D) talks ab~ut a11:),iJ]imum fine prescribed, refers to it, but there is no minimum fine prescri~~d. Upon motion by Council Member Mc Blake, staff was directed to bring ba amendments to the Town Code, anim Uanimouslyapproved. il Member sed Itle 6. 2. Discussion and direction>regarding propos (Municipal Court), adoptiijgn~w probation endments to Title 5 ring fees (Jane Fairall) Ms. Fairall addressed Council andSt~t~this is an dment to Title 5 which is Municipal Court ordinance under our Town his proposes to establish new probation mo' 'ng fees. At thecy,l'fent tim ave a private company who does prob!i\'('j ring servic~Jor the court. They don't have a contract with the co ir fe paid solely through the probation fees that the probatio rovid 0 them. The 1JQCWn doesn't actually pay this private company fa eJ\~.a. resultofthe Town, the growth ofthe criminal case . the co has e difficulties with the use of a private It's the's belief t at providing an in-house probation monitor would contribute to era.ll professionalism of the Marana Municipal Court. ation nitor has been included in the budget for the court. The sing would cover the cost of that salary. The probation monitors t serious cases. Obviously we are only dealing with eanors,. ut the people who would get put on monitored probation are DUI offen~()mestic violence offenders, and repeat offenders of any kind. They believe tlat having an in-house monitor would allow that person to concentrate solely on Marana Municipal Court defendants as opposed to the service we have now has cases in Oro Valley, Tucson, and Sahuarita. This would be someone who is devoted solely to Marana cases and someone that is not operating for profit. The court has done studies for similar positions in the area. They have looked at how many people have been put on monitored probation through the service we have at this point and believe that the fees will cover the cost of the position and their responsibilities. They have asked to have it included in the Title 5 because all the other court fees are included in there. Vice Mayor Kai asked what the cost for the probation monitor would be. 2 MINUTES OF STUDY SESSION MEETING MARANA MUNICIPAL COMPLEX DATE: April 10, 2007 Joe Teta addressed Council and stated the approximate cost ofthe position is about $45,000 including benefits based on research and the statistics as to how many people were placed on supervised probation over the past year. They would estimate collecting a minimum of $50,000 to $55,000. Ms. Fairall stated that just about every domestic violence Qffender who is convicted either by a plea or after trial is placed on momtofed.probation because they are required by law to do domestic violence cO\Ul~.Fling and probably at least half of the DUI offenders are placed on monitorF~prob~tiQn. It is possible that we might do more than that if we have an in-house~robatiom~~artment that we know is going to be giving better service t ehave now. Upon motion by Council Member E Blake, staff was directed to bring amendments to the Town Code Munici Unanimously approved. 3. Discussion and direction (Municipal Court), establ (Jane Fairall) rding propose ome detentio ndments to Title 5 ram for DUI offenders dment establishes a home s who ar entenced to jail and the once established will comply with state y statute and sets forth all the am. It specifically authorizes the Town establish a home detention program for DUI ajor p that the state statute requires as far as findings e in order to actually sentence someone to home detention ent of all costs for the program will be by the rt has make a finding that the prisoner is neither a threat to self or oth embers of the community nor has a past history of violent vior. It would require mandatory drug and/or alcohol testing and counseling. . otil11g of a prisoner is by electronic means or by other means and a requirei. that the prisoner first serve a minimum jail sentence before being placed on home detention. The proposed amendment says that we will establish a program that complies with the state statute. The main reason for bringing this to Council is a way to control some of the jail costs that the Town pays the County for housing our defendants from our court. The daily housing rate for our prisoners is going to be going up from $57.46 a day to $62.79 a day for fiscal year 2007-08. This is a way for appropriate people to be placed on home detention to defray some oftheir costs. The statute requires that the Council hold a public hearing on the matter and make a finding of necessity in order to establish a home detention program. Ms. Fairall stated she is aware that they have a home detention program in Tucson City Court they have used for many years and has been very successful. 3 MINUTES OF STUDY SESSION MEETING MARANA MUNICIPAL COMPLEX DATE: April 10, 2007 Council Member Escobedo asked how many individuals we would see on a yearly basis that would fall under this criteria. Ms. Fairall stated the way the statues are now it wouldn't apply to the vast majority of first offenders because of the minimum jail requirement. Most people wouldn't met that and wouldn't do home detention so it would be repeat offenders. She stated she has seen an increase in that recently. In the last six months, they have seen a lot more people with prior convictions for DU~tShe stated it is about four or five a month where as before it was zero to one a month. There is currently a bill in front of the state legislature right now that increase the minimum jail sentence for a first time extreme DUI, right now t 30 days jail, but 20 days can be suspended. This bill could increase greatly t ber of people who would be eligible for the home detention and who appropriately be sentenced under the home detention pr Vice Mayor Kai stated as part of t should require weekly AA meetings wit program, he f attendance. we Ms. Fairall stated she di 't think other than saying there is mandatory alcohol testing and counseling that uldn't mandate ing further than that. She stated that would probably e left to the dis of the probation monitor, but the two would go hand in monit ng these particular defendants. Gorray asked who supplied the counseling for a DUI Ms. Faira Services certl 'P~eQtof counseling, Upon motion Coun ember Comerford, seconded by Council Member Escobedo, sta as directed to bring back to Council for public hearing and a.4~ption the prqposed amendments to the Town Code Municipal Court provisions Town Code Title 5. Uanimously approved. ,QUI offender there are a number of Department of Health state law the requirement is that it has to be a ified counselor that is certified to provide DUI 4. Present Brann) . proposed aesthetic concept for Twin Peaks Interchange (Keith Mr. Brann addressed Council and stated in February several concepts were presented to an aesthetic committee made up of staff and officers. During that presentation, one theme was selected that being the Santa Cruz River. Laura Mielcarek from Wheat-Scharf Associates, and Eric Sibson, the principal project manager from URS Corporation are present and will present some specific items relating to that concept. Ms. Mielcarek addressed Council and stated the aesthetic committee decided on the concept of the Santa Cruz River for the Twin Peaks interchange. There is a lot you can take from the Santa Cruz River and apply that 4 MINUTES OF STUDY SESSION MEETING MARANA MUNICIPAL COMPLEX DATE: April 10, 2007 to interchange and bridge aesthetics. There was a secondary concept oflayers. The Santa Cruz River lends itself to a lot of layering, layers of time and all the groups that have traveled the Santa Cruz River over the years. Starting on the west end by Continental Ranch there will be enhancements to the sidewalk barrier. There will be aesthetic treatments in the medians. On the 1-10 bridge there will be concrete form liners on the piers and on walls. Along the top of the bridge is pedestrian fencing where metal work and enhancements can be placed. Some of the paint colors were taken from the Tucson area so there is some tie in with Tucson, but also some unique colors too. On the 1-10 Bridge the concept proposed is metal work cattails on the pedestrian fencing and a river rock textured form liner on th barrier. They are proposing five foot accent walls in front of the ithout the accent walls they would not be able to have trees g 1-10 i would have done terraces instead. Both the accent wall an SC wall will r 've custom form liners in the shape of waves to reflect 'ver. E~ch wave wou ..........~.~ .~..different textured form liner. The waves wi ue und~eath the bridge,f>come back out on the other side of the bridge on a et.ela. wall. The custom form liners can also include mountains, birds, c her detail if desired. There will be wing walls. They are prpposing a Hohokum(~p as part of the whole scene of the Santa Cruz River or pa . because of th . dlife you see along the Santa Cruz River and having paw up along tg wall. Two options have been propos~ for fotn1liner wOl;kon the MSC walls that is Hohokum i and the waves. The waveS that will be used at the 1-10 widening ontemporaI)'look for waves. On the barrier sidewalk on the left sid Cruz River ming up to the Santa Cruz River Bridge they will be ewalk. The roposing waves and showing different sediment la e along t anta Cruz River. They are calling a lace an open space in the medium right before you . dge. e proposmg columns showing the different sediment meta 'l~on top which bring in the 1-10 Bridge. They are e pill n be used on the 1-10 Bridge. In medians that are six don't ically plant in those areas. They will be doing a special t where they will sandblast waves with the median. There are s for the Twin Peaks project. They could look into doing waves or the Santa Cruz River Bridge, slope pavement enhancements undem e Santa Cruz Bridge and also they have not explored the pedestrian rest areas ith the trail. Mr. Davidson asked if direction was needed from Council on specific thematic elements or on what elements to proceed with and finalize. Mr. Sibson stated what they are looking for is direction from Council that the concept that was selected is being pushed forward in the correct manner. That the concepts that the landscape architect has come up with are in compliance with the Town's vision of what this interchange should look like. 5 MINUTES OF STUDY SESSION MEETING MARANA MUNICIPAL COMPLEX DATE: April 10, 2007 Council Member Comerford stated when the Tangerine Bridge was painted the lighter color was on the bottom and felt that was an invitation to graffiti and she would like to see a dark color being towards the bottom of the bridge. Council Member McGorray asked if it would be graffiti proof and what material would be used on the bridge and columns. Ms. Mielcarek stated they do take all measures to make it graffiti proof. They have worked with ADOT on graffiti proofing paint. The MSC walls are not accessible to people and neither is the 1-10 bridge piers. main concern would be the barrier sidewalk where people would have acc!e~sto ad they would have a graffiti coat on the paint. Mr. Sibson stated the paint used on these proj~ is gra is graffiti proof. Council Member Escobedo stated h s not want our comm Tucson. He stated he thinks the color t should resemble what are. He also stated that you've already jn Marana awhile by th.. me you got to the welcoming sign so he did not think 1 WaS appropriate. He wished to see something that identifies th!e Town itself mayb~~lAe Town seal or the Town logo. but nothing Mr. Sibson stated he believ that within bridge superstruc is not allowing Iown seals and things like !e right of way. Mr. Davidson stated that is the case and temet a number of times with ADOT. Th e elements can lool<fat to incorporate into that. ADOT's een sometimes town ange their logo and it becomes very difficult ething that is set into cpncrete or metal railing work. They are ts or es from the unity. They do need to pick some of the re were elements that we could add to not this III ange, but carry that same image or color with uld be planned in the future. d mos the color pallet that is being shown is the color pallet the Tangerine interchange. asked what cost this would add and how it will impact the Mr. Si stated when they are talking about things like form liners that is a relatively inexpensive addition to the bridge. If you are adding elements like a whole new wall that is not a functioning retaining wall that adds an aesthetic cost. Landscaping is considered something they would do. Most of the bridge railings are required for pedestrian safety. Approximately one percent of the bridge cost is slated for aesthetics. There are no additional features beyond the aesthetics for this bridge. Mr. Davidson stated if we could provide them some clear direction on the aesthetic work they can begin to make sure that is incorporated into the final construction document. 6 MINUTES OF STUDY SESSION MEETING MARANA MUNICIPAL COMPLEX DATE: April 10, 2007 Council Member McGorray asked ifthere was any plan for continuity for every bridge that would be built through Marana or will it "?e a stand alone. Ms. Mielcarek stated that they are in the process of writing an aesthetics guideline report for the 1-10 corridor in Marana. They wrote a similar report for the Tucson corridor. There is standards for everything from paint pallet to decomposed granite color and sizes to a plant pallet to potential themes so therefore, it will not be a stand alone. It will have unique features that no other interchange will have, but there will be continuity. Mr. Sibson stated that the intent has been that the ToJ.ltolita interchange will be the focus entry way into Marana and some of the aesthetiCs. incorporate in that interchange. He stated the project time line is an~cipa public hearing in May and they would like to have the aesthetic co eptfinalize they can show that at public hearing in May. There is no date . s time. Mayor Honea asked to have this co ued to thy meeting next w~k. Mr. Davidson addressed Council on the pro of challenging themselves internally, finding out how can do it better ow they can provide better service to the customer and . . ens. He state ey have tried to emphasize is that it has to be What the trying to do is for the long run and how can they co letely ttansfonu the culture of the organization so e staff can uand theirr<:>le and how to better serve the er. They ha tried to involve as many levels of staff in this ssibl will contin to do that. He stated they need to know what right,lhat they are g wrong, and how we can get better. . ollectionof different departments that have to work er it be a business owner, or resident or t they ave to do is fix many different little things and the . s ')'hat will improve the overall system. They have ommu in the state of Arizona for ideas and everyone that has was over time. They set out on fixing little things that led up to a to the customer. t Davidson) 5. Presentation: Development Services i_lrov d he sees the improvement process as a series of changes and modification is not something that is ever just completely finished and we've got perating system. It is something we have to continuingly review and modify s time goes on. The Council has set a vision and expectations and this cannot be lost in this process. He stated that we have to make sure that the vision and expectations is reflected in the general plan and in the actual codes. He stated the final part is how do we fix the internal processes and procedures, how do you get every member of staff to be problem solvers and not just identify the problems, how do we make sure that when the customer comes in the door that they will be treated fairly and that what they pay in tenus of fees that they feel they are getting something of value for that and that we do it in an efficient amount of time as possible. 7 MINUTES OF STUDY SESSION MEETING MARANA MUNICIPAL COMPLEX DATE: April 10, 2007 Josh Wright addressed Council and stated we engage in this process in terms of becoming a regional leader in terms of our development services. It is a matter of making us the one who sets the trend for the region. They are trying to make sure they are meeting the demand at the same time as moving forward with the changes that need to be made to make a more efficient process for the future. They have put together a team. This team is a lot more collaborative, wider spread among the different departments than in the past when they've tried to look at these issues. They have taken the three core departments in addition to representatives from the Town Manger's office; planning, building and public wo and expanded to the other development divisions in the Town; water, GIS, er outside agencies like Pima County Waste Water, Northwest Fire. It . roject that involves Parks and Recreation, the airport. It is a collaborative involves all aspects of the Town. Mr. Wright stated that they have four gl4)sls.They want to ine where the process as it stands now can be strea ed. In terms of their fi making sure they are accountable and transparent ~yerythi hey do. Creati opriate staff measures for DSC processes and stall;lpd .priate perform ce measures. Ultimately it comes down to our customer to satisfy in the end. They have taken an approach of invol ing as many diffe akeholder groups as possible that are involved in this t rocess. Mr. Da consulted all core elements of development services to t (what they se ir role in their department, what do they see the rolej,nthe large wn of Marana organization, how can they mak~ theil'job 'be what changes need to be made so getting that ..~~i~~staff contact an~J.feedback. ey have also broadened that to a Ittees~<.i.groups on specific topics over time and getting citizen input e busin~~s community. ag~si1:l.tll.e process make sure that we're following along with Thefirstl~_assessment stage of what do we have currently in our development services center. They have been nal sis getting an idea of how much money are we doing ices, t could we be bringing inside, are we getting the very time we used an outside consultant. They are looking at are ximum value out of our software packages, are we using all the es that <> ould be using, what else could we add or do we need to switch to y~~em to give us the reports we need. The best practice research is r municipalities seeing what they've done and what we can bring here. R ew of training opportunities is people wanted to understand the entire process better and how this fit into the larger scope of developing the entire Town of Marana and so giving them the training opportunity to do that. Implementation will occur once they have taken all assessment stages and determined how to put their recommendations into place. They have been having committees that have been meeting that will be developing forms and materials that will be provided to all the customers. Creating standard operating procedures which have been at different department levels and they have not been universal for the entire developmental service center. Making sure that the data that is 8 MINUTES OF STUDY SESSION MEETING MARANA MUNICIPAL COMPLEX DATE: April 10, 2007 entered into our CR Wand other software systems is accurate. Making sure we have the right staffing levels. Making sure this is a town wide scope by tying into the land development code which is being rewritten and also to the general plan update. Once we have implemented all these things and assessed where we are then keeping track of how we are doing. Mr. Wright said the ultimate goals would be to publish a Marana development guide book that includes all of what they've researched. Team meetings and keeping a team approach. Using the website and all the fe tures added to our advantage and even having online permitting for simpl gs. Consistent reporting to Mayor and Council to the Manger's Of nd to the citizens and making sure we publish those reports. The flow c ommittee has produced two flow charts about the processes for differe ements and they meet regularly. There is a standard operating proq~u comm which has been developing a new guidebook for all the ~t~ndafdoperating p res for these different types of processes and putting together materials. The been working with the finance departmenfQna financ analysis. Mr. Wright stated that they have researc of unicipalities in the State. They have done a lot of calls and interviews. have compiled a huge binder of material on what has wor pr them. People a terested in the region and how do we help them get throu ment service around the entire region. They have convened nse team they can get all the developmental services peoplet9geth seithey get the process done as fast as possib They have brought<~tlNorth lfe to do reviews in-house to speed up ~~$$. They are IO~king at bri ng in a lot of scanning and records retenti ake that pro~ss faster for the customer. The have begun prelimin lks wi Pima County t~4ave someone from Waste Water come in to work witnf'hem i it streamlined. r Kais'~Fd that e wOuld encourage customers and staff to participate up ca~~Sf.He believes someone needs to be responsible to make the ommun1~ation. ayor Honea ed one of the things that has happened is a set of plans is itted, theYclte looked through in a preliminary format and they are told to do things. they then change it and when they come back then there is to be changed. If the staff member makes the change they need to plicant where further changes may be needed, that time is money for a lot oft e people. Mayor Honea also stated he has had calls on permitting. He stated we need to be an advocate for the citizen. He stated he feels that a lot of people coming into Marana with plans and permitting are finding us an adversary. He stated we need to do everything we possibly can to get that project done. He stated that somebody needs to be responsible for things making it through the process in a timely manner. He stated we need to be an advocate for the person coming in and making the application. Vice Mayor Kai stated he encourages staffto talk to Stephen Finney at his restaurant. Vice Mayor Kai stated Mr. Finney is passionate in what he wants to do 9 MINUTES OF STUDY SESSION MEETING MARANA MUNICIPAL COMPLEX DATE: April 10, 2007 and when he comes to our Town and there are obstacles that it goes back to time is money. Mr. Davidson stated apart from any single customer or developer their goal is to make sure everyone understands the process. He interviewed every member of the core development services staff one on one. He has spent a lot of time with various developers, business owners and citizens and communication is what comes up every time. Council Member McGorray stated what she has experi~ced is that when someone submits a plan the plan is going back and tI: She stated her and Mr. Davidson have discussed suggesting that one pers on a project and have ownership so that when the paper comes back on with that one person. Council Member Blake stated he has and when he goes to the individual a hears is the applicant hired a lousy unacceptable. He stated if they did they first submitted the plans. Mr. Wright stated that is t is a problem. One ofthe things he and Mr. Davidson ythe first municipalities that would contact all parties there is problem. A lot of times the breakdown in communication i staff and the contractor that's been hired~~t~~~~~eloper, but ... een the .... oper and his own contractor. They wO\.llo like m"~aden their CQmmunication base to include all of the parties involvedm develo that piece or property. Qne through the process .th an applicant s wh is the problem. mment he . ect. He stated as e told the applicant when they Council Member . into th~(;ode. to look at that our staff is not reading ion of a manual for the development and al Improvement Program (CIP) (Barbara Johnson) ressed Council and presented a capital improvement program. ey can leverage the millions of dollars of infrastructure that we to e sure we are able to build the vision for the town. The capital nts program is a blueprint for applying the town's capital expenditures and it rdinates community planning, financial capacity, and physical development. The capital improvement program is composed of two parts, a capital budget and a capital program. The program itself will extend that beyond the capital budget and look at what five years looks like so you're beginning to build the town with a plan. As we go through the process and determine the criteria, at the end what you have is a recommendation from a working group which looks at how that vision is implemented. The program extends for five years or beyond. It facilitates the coordination between capital needs and the operating budgets. It takes care of looking at how you manage a credit rating. It identifies the most economic means of financing capital projects. It increases opportunities for 10 MINUTES OF STUDY SESSION MEETING MARANA MUNICIPAL COMPLEX DATE: April 10, 2007 achieving and obtaining Federal and State aid because we've got an actual program we can present to them with a long term vision. It focuses the attention of the community on the objectives on what your capacity is. It keeps the public informed about where we're going, where we need to be and what projects need to be build to get there so we're not over committing. They keep operations and maintenance in mind as part of the normal budgeting process. We need to look at investigating and identifying what the town's infrastructure needs are. She asked how do you make the priority calls so that YQU~Je not taking the dollars and committing it to things that really cannot be buHtwithin that context. You establish the goals to guide the development of yo ual budget. You gain more control of the annual budget because you're 100 ee, four and five years. It looks at options and develops the strate e look at the capital improvement and deferred maintenanct( to adopt a CIP ordinance and appoint a CIP working at would wo . ectiy under the Town Manager. The second step in q~~~loping it.would be to de p an inventory of existing facilities. The third step. be to;i'Pok at the statu previously approved projects. She stated how are to look at the tn's financial capacity that will drive the reality of what c can't happen. She asked how do we get people to give us Wll to compile and ate projects for the future. They are measured to the criteria: ish the projec,'..<~ties. Look at the financing plans. A capital improveme would be reC(')lnmended through the Town Manager's office to the Council for . That.then drives the budget. It's a planning process that would be~od! Mr. Davidson sta use and implemen important d .. on hat has beet) proposed is a tool that Council will be able to rough staff,tp.t(ll outreach to the public to make very the growth l,\tid what is built for the future. ed about direct and indirect taxes. ted s inking sales tax, assessments and how do we maintain tancy. e is looking at how we level that. A lot of CIP projects ~~. a decade,. project concept to implementation and in that time the costs He~~to escal~f;e. She is looking at what does it actually take to do a project inc1u~~g our staff costs because if a job is done earlier how much is being saved. Mr. Da"ason stated the greatest indirect tax is time. He referred to the Cortaro project and stated they will make sure they do our projects much better in the future. Mayor Honea stated he appreciated what has been done for accountability. He stated he appreciated the coordination in projects. E. ADJOURNMENT 11 MINUTES OF STUDY SESSION MEETING MARANA MUNICIPAL COMPLEX DATE: April 10, 2007 Upon motion by Council Member Escobedo, seconded by Council Member McGorray, Council voted unanimously to adjourn. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on April 10, 2007. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk 12 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: April 17, 2007 PLACE AND DATE Marana Municipal Complex A. CALL TO ORDER AND ROLL CALL By Mayor Honea at 7:00 p.m. COUNCIL Ed Honea Herb Kai Bob Allen Jim Blake Patti Comerford Tim Escobedo Carol McGorray Mayor Vice Mayor Council Member Council Member Council Member Council Member Council B. PLEDGE OF ALLEGIANCE AND INV(l)C STAFF Mike Reuwsaat Gilbert Davidson Jim DeGrood Frank Cassidy Jocelyn Bronson Town Manager Deputy Town Assistant Town Tow TownC Present Present Present nt sent ENT OF SILENCE seconded by Council Member Blake, the D. CAL Tom Ellis sed Co~cil and mentioned a couple of events for April. The Racing for the River Duathlo 3-$ile run, a l6-mile bike ride starting at Gladden Farms Park. This event will be an event. The event is to raise awareness and one day raise dollars for the Heritage Rive ark. On the April 28th, there will be a family night under the Stars for families to enjoy astronomy, a movie, bingo, and camp fire sing-a-longs. Carmen Feriend addressed Council to give an update on the programs and actIvItIes provided by the Marana Arts Council. In connection with Marana Founder's Day on March 1 ih, MAC held the inaugural decorative ostrich egg contest, exhibit and silent auction at the Marana Senior Center. Six members of the Senior Center, six students from Marana High School and 12 MAC member artists created beautiful pieces of art work on an ostrich egg. On April 1 S\ the Marana plein aire art festival at Saguaro Ranch was held which featured 12 invited artists, most of them nationally recognized artists specializing in a technique of plein 1 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: April 17, 2007 aire painting. The event was hosted by Stephen Finney, owner, developer of Saguaro Ranch. She stated that Council's 100 percent presence at the event was very important to the Marana Arts Council. On April 14th, New York Times correspondent, Pulitzer Prize winning author, Charlie LeDuff, made a visit to Marana hosted by Marana Arts Council. April 21 st at Ora Mae Ham Park, MAC will be presenting the Inaugural Marana Children's Festival of the Arts from 11 :00 a.m. to 4:00 p.m. Mr. Wright addressed Council and introdu.cedth~ new Manager's Office, Garrett Culver. He is going to be\:i~ ges<bilingual film festival. out of the norm of the and funky. They will be e Saguaro Ranch Art chool seniors. She They are planning to kick off the fall season with a many Ian They are planning an art and fine arts craft show takin traditional art shows and featuring works by fine crafters t planning a chamber music series, student art exhibits. Scholarship funds, two $1,000 scholarships will expressed thanks for supporting the arts. agement inter1J.lh the Town e next several months. Mr. Culver addressed Council and stated he is a master' the University of Arizona and is compl~ti~gbis first year. E. PRESENTATIONS 1. the proposed Water I~frastructure Finance Authority 'on for the SiJverbell Road Project (Barbara Johnson) Council ancl>stated the Water Infrastructure Finance y of the. state and it is designed to finance construction, ents in the drinking water and waster water system and generally offer borrowers the opportunity to borrow Ther IS no matching share. It provides low cost money to help mancing in tructure. The Silverbell project included a waste water collection On the Th~tnydale project they are asking for an additional 10.25 million to comp . . On~lie Silverbell project they were looking at asking 10.1 million to complete A had an engineer certify the Silverbell project. There are not any closing co ith WIF A. Whatever WIF A pays for the money we will pay 80 percent of it. We not pay until we use it and if we do not use all of it we do not pay for all of it. There are reporting requirements that need to be done from an administrative and management point with WIF A. Mr. Reuwsaat stated that we will probably need to do some gap financing because we have four of the largest projects all at once. He stated this will be a part of the CIP discussion when they meet in Mayas part of the buqget process. ANNOUNCEMENTS/UPDA TES 2 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: April 17, 2007 PROCLAMATIONS - Arbor Day 2007; 36th Municipal Clerks Week F. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Escobedo stated he attended the Easter egg hunt. He stated he attended an event on behalf of the Marana Health Center. Council Member Comerford stated she attended the memorial our airport. for the Marines at Council Member Allen stated there were 19 exercise in Marana. Those same aircraft hav . g for Clinica del Alma ellites of the Marana l;actitioner. Council Member McGorray stated she attended the ri which is located south of Benson Highway and is one Health Center. They have 15 exam rooms, two obste fo1" a training Mayor Honea stated Thursday will be the state Thursday at the P AG meeting the~:will not have t Peterson, U.S. Secretary ofTransportal~~:wU1 be here. Town address. He stated next egular meeting because Mary Mr. Reuwsaat state he owns six of the Council. does support the Marana Arts G. MANAGER'S REPORT: SUMMAR10F H. STAFF REPORTS ~ENERAL ORDER OF BUSINESS I. CONSENT AGE A 1. Resolution No. 2007-56: Relating to Water Service; approving and authorizing the execution of the agreement between the Town of Marana and Lennar Community Development, Inc. for construction of water facilities and provision of water utility service for Willow Ridge Commons (Brad DeSpain) 2. Approval of Minutes ofthe March 6, 2007, March 20, 2007, and April 3, 2007 regular and March 27, 2007 study session minutes. 3 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: April 17, 2007 Upon motion by Council Member Escobedo, seconded by Council Member Blake, the Consent Agenda was unanimously approved. J. COUNCIL ACTION 1. Direction/Action: Relating to streets; approving the aesthetic concept for the Twin Peaks Interchange (Keith Brann) Mr. Brann addressed Council regarding the aesthe' s for the Twin Peaks Interchange. He stated that Eric Sibson with U oration and Laura Mielcarek with Wheat-Scharf Associates, the la e architect on the project are present. Ms. Mielcarek gave an overvi aesthetic treatments as discussed in last week's meeting. Council Member Comerfol'd sta final concept when available. '~uslyselected as t that t4ey are pursuin type siti~~ they have a s n of three tigrelements within.t e MSC walls, nd elements within the pedestrian doing to date is acceptable to Mr. Sibson stated the theme was pre They are looking from Council dire and possibly some direction on t4 . types. Overall the types of themes, inc incorporating the types of landscaping im railings and they want to. tJlake sure what t Council. variance and asked for the Mr. Sibson stated they intend elem e also stated there materia e public. . ng it ba for a final look at all the artistic 1 be an open house in May to present the Member Allen asked how long it would take before bringing back the ted the~t.ge four plan should have the artistic elements more or at is l;tc.fuly submittal. Council Member McGonay, seconded by Council Member unanimously approved to move forward with the aesthetic e Twin Peaks Interchange. 2. Ordinance No. 2007.10: Relating to Development; amending Section 4 of Ordinance No. 2007.09 (The Villages of Tortolita Specific Plan adopting ordinance) by extending to 60 days the period for Proposition 207 waivers to be signed, returned and recorded; and declaring an emergency. (Frank Cassidy) Mr. Cassidy stated on the Proposition 207 waivers they wanted to have those in hand before the ordinance actually becomes effective so basically this allows two months for return of the waivers rather than 15 days. 4 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: April 17, 2007 Upon motion by Council Member Escobedo, seconded by Council Member McGorray, Ordinance No. 2007.10 was unanimously approved. 3. Presentation: Arizona State Retirement System (Mike Reuwsaat) Mr. Reuwsaat stated over the last several months they have been working at looking at a change in our retirement system for a number of reasons. Weare currently in the ICMA which is a defined contribution. They are asking to move from the ICMA defined contribution to a defined bentfpt program which is the Arizona State Retirement System. The recommendaf . ~ll come in the form of two resolutions for Council to consider. ASRS des long term disability, health insurance, health insurance premium sup and survivor benefits. 'g service credits or stem. There are the public entities in tate are in the the system thet~:~ 110 state colleges. It co'Vered 224,000 al retirement and full benefits with any service, if you're age member may retire before 50 years of age with a fective d e of retirement. The benefit ife time retirement. There is a st of living adjustments. enefici ho go from public to private service. The defi d efit pe kers a number of advantages compared to other workplace lans. provides a secure benefit for life. It is the endation of sta e the two resolutions. The first resolution will to ap1l1~:to the ASRS. The second resolution designates our Human . ector. if<)...l1egotiate the terms and work with State Retirement employees t it implemented. There is a 60 day notice to terminate from the CMA if sUCCessfully passed. The resolution, application sent to State Retirement e receivedon or before April 20th then it would go to the State Retirement for app~val at the April meeting and then the goal is to implement July I st. . discuss the financing implications in the budget process. a. Res tion No. 2007-57: Relating to Employment; authorizing the execution of a Supplemental Retirement Plan with the Arizona State Retirement System; and declaring an emergency (Frank Cassidy) b. Resolution No. 2007-58: Relating to Employment; authorizing the Human Resources Director as the authorized agent to submit to the Arizona State Retirement System Board for approval and execution a plan to provide for the extension of benefits to employees under Title II of the Federal Social Security Act; and declaring an emergency (Frank Cassidy) 5 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: April!7, 2007 Upon motion by Council Member McGorray, seconded by Council Member Comerford, Resolution No. 2007-57 and Resolution No. 2007-58 was unanimously approved. K. BOARDS. COMMISSIONS AND COMMITTEES L. ITEMS FOR DISCUSSION/POSSIBLE ACTION 1. State Let!islative Issues: Discussion/Direction/ bills before the Legislature. (Mike Reuwsa n regarding all pending Mr. Reuwsaat stated there are two speci-ij~i~sues they are~ing to get vetoed in the Legislature. The first one is the bi 0 require us to use co~ction sales tax in a particular way. The second on centiv s that would t ti ns for the Town to negotiate for economi e asked that e bills are successful that they be vetoed at the go M. EXECUTIVE SESSIONS. N. FUTURE AGENDA ITEMS O. ADJOURNMENT Upon motion Council seconded by Council Member Allen, ing ar~ e true and correct minutes of the Marana Town Council I further certify that a quorum was present. Jocelyn C. Bronson, T n Clerk 6 TOWN COUNCIL MEETING INFORMATION MEETING DATE: TOWN OF MARANA May 1, 2007 AGENDA ITEM: J. 1 TO: MAYOR AND COUNCIL FROM: James DeGrood, Assistant Town Manager SUBJECT: Resolution No. 2007-66: Relating to Transportation; approving and authorizing the Mayor to execute an agreement between the Town, Sun Tran, and Continental Ranch Development for the purpose of establishing a Park & Ride lot to enable express bus service from Arizona Pavilions Center to the downtown Ronstadt Transit Center DISCUSSION As part of the mitigation plan for the Interstate 10 widening through Tucson, the Arizona Department of Transportation has agreed to fund express bus service from the Cortaro Road Interchange to downtown Tucson during the peak commuting hours in the morning and return trips in the afternoon. In order to enable this service, a Park & Ride lot needs to be established. The developer of the Arizona Pavilions retail center has offered the temporary use of a recently completed parking area for a Park & Ride lot. The location offered has been reviewed by Sun Tran officials, and found to be a desirable site. The developer, Town and Sun Tran must enter into an agreement that identifies the responsibilities of the parties for this use. The Town will provide a bus shelter and trash receptacle, stripe the paved lot for 100 cars, provide cleaning of the lot, and pay for the electrical costs associated with illuminating the Park & Ride lot (if the Town desires lighting during the morning and evening hours throughout the winter months). The Town also agrees to provide a parking lot sealant upon the end of the Park & Ride use. The bus shelter and cleaning will be provided by Attention Transit Advertising in exchange for advertising on the bus shelter. Monthly lighting costs should not exceed $200 during the winter season, and the cost of striping and sealing the lot should not exceed $5000. The cost of developing an alternative temporary parking area on an unimproved site would be far greater than the costs anticipated under this agreement. Within the transit element ofthe RTA, this Express Bus service was to commence in 2009, and a permanent Park & Ride lot developed. This agreement allows the initiation of the service on May 26, 2007, providing the residents of Marana an alternative to driving themselves through the 1-10 construction to downtown destinations. JRD/04/25/2007/8:!! AM ATTACHMENT Sun Tran Park & Ride Agreement. RECOMMENDATION Staff recommends approval of the Sun Tran Park & Ride Agreement. SUGGESTED MOTION I move to approve Resolution No. 2007-66. -2- MARANA RESOLUTION NO. 2007-66 RELATING TO TRANSPORT A TION, APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE TOWN, SUN TRAN, AND CONTINENTAL RANCH DEVELOPMENT FOR THE PURPOSE OF ESTABLISHING A PARK & RIDE LOT TO ENABLE EXPRESS BUS SERVICE FROM ARIZONA PAVILIONS CENTER TO THE DOWNTOWN RONST ADT TRANSIT CENTER. WHEREAS, the Arizona Department of Transportation has funded the early establishment of express bus service between the Cortaro interchange and downtown Tucson for congestion mitigation during the Interstate 10 widening project through Tucson; and, WHEREAS, the Marana Town Council supports the provision oftransit services to the community; and, WHEREAS, Sun Tran is the operator of the region's fixed route transit service; and WHEREAS, Sun Tran will commence operation of an express bus service to the Cortaro interchange on May 21,2007; and WHEREAS, the Developer of the Arizona Pavilions retail center has offered to enter into an agreement to allow the temporary use of a recently completed parking area for a Park & Ride lot. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the "Sun Tran Park and Ride Lot Agreement" between the Town, Sun Tran and Continental Ranch Development attached and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, conditions and objectives ofthe agreement. PASSED and ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 1 st day of May, 2007. Ed Honea, Mayor ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney 1i~ -'1 SUII r,all SUN TRAN PARK AND RIDE LOT AGREEMENT The Sun Tran Park and Ride Lot Agreement (the "Agreement') is entered into this 19th day of April 2007, by and between, Professional Transit Management of Tucson, Inc., an Arizona non-profit corporation ("Sun Tran") of 4220 South Park Avenue, Tucson, AZ 85714, Continental Ranch Development, 7995 B. Business Park Drive, Tucson, AZ 85743 (the "Owner") and the Town of Marana, 11555 W. Civic Center Drive, Marana, AZ 85653 (the "Town"). RECITALS A. Sun Tran operates the municipal bus system for the City of Tucson, and in connection therewith maintains a "Park and Ride" system that involves picking up passengers at locations where free vehicle parking is available to such passengers. B. Owner owns the property located Arizona Pavilions at Cortaro Road, west of Arizona Pavilions Blvd, located within the Town of Marana (the "Property"). C. Sun Tran wishes to use the Property as a Park and Ride location, and the Owner has agreed to allow Sun Tran to do so temporarily, based in part on certain benefits that the Owner believes will inure to the Owner as a result of such use. The Town and Sun Tran want a permanent site to be identified for the Park and Ride near the Cortaro Road interchange with I- 10, and will work with the Owner to establish said site. If Owner is unable to offer a site then Sun Tran and the Town will work to establish another location. INDEMNIFICATION A. Mutual Indemnity: To the fullest extent permitted by law, Sun Tran and the Town shall indemnify, defend and hold the Owner, its members, managers, officers, departments, employees and agents, harmless from and against any and all suits, actions, legal or administrative proceedings, claims, demands, liens, losses, fines or penalties, damages, liability, interest, attorney's consultant's and accountant's fees or costs and expenses of whatsoever kind and nature, resulting from or arising out of any act or omission of Sun Tran or the Town, its agents, employees or anyone acting under their direction or control, whether intentional, negligent, or amounting to a breach of contract, in connection with or incident to the performance of this Agreement. B. Notice: The Owner shall notify Sun Tran and the Town in writing within thirty (30) days of the receipt of any claim, demand, suit or judgment against the Owner for which the Owner intends to invoke the provisions of this Article. Sun Tran and the Town shall keep the Owner informed on a current basis of its defense of any claims, demands, suits or judgments under this Article. C. Negligence of indemnified party: The obligations under this Article shall not extend to the negligence of the indemnified party, its agents or employees. NOW THEREFORE, for valuable consideration, including the covenants contained herein, the parties agree as follows: 1. Site Preparation: The Town assumes all costs of site preparation related to this Park & Ride location, including parking lot striping prior to the launch of the Marana Express service on May 21,2007. The Town also agrees to install a bus shelter and trash receptacle near the bus stop. The Town will install Park & Ride lot signage on the Property and in the right of way to inform the public of the nearby Park and Ride lot. 2. Parking: Owner agrees that members of the public may park their motor vehicles on the Property, and that Sun Tran may pick up bus passengers on or near the Property. Sun Tran's passengers may use approximately 100 spaces in the area located north of the interior road in the southwest comer of the lot abutting Cortaro Road. The location of the Park & Ride lot shall be subject to approval by the Owner and clearly delineated by the parking lot striping. 3. Advertising: Sun Tran, the Town and affiliated partners shall have the right to publicize or advertise the availability of such parking, and Owner understands and acknowledges that Sun Tran will do so. 4. ~: Sun Tran shall furnish sign(s) to be placed on the Property advising the public that neither Sun Tran, nor the Owner, nor the Town are responsible for any damage to persons or property that occur during a passenger's use of the Property. A sign(s) may also be placed on the Property indicating the location of the parking designated for park and ride passengers. The location of all signs shall be subject to approval by the Owner. 5. Lighting: The Town of Marana will cover the cost of providing lighting to the Property during the morning and afternoon hours when it is determined by the Town that such lighting is necessary to adequately illuminate the Property. 6. Maintenance: Sun Tran agrees to maintain the Park & Ride signs placed on the Property as necessary or in the public right of way. The Town agrees to provide regular maintenance of the Park and Ride area including the bus shelter and will provide regular trash collection throughout the duration of the Agreement. 7. Relocation of Park & Ride Parking: It is acknowledged that the Owner wishes to develop new retail businesses on the Property, and as such may require that the Park & Ride Lot be moved to another location within the Property to facilitate the development of the Property. The Owner shall give Sun Tran and the Town sixty days notice of the need to relocate the Park & Ride Lot and all parties shall work to identify a mutually acceptable alternative location for the Park & Ride Lot. Upon relocation of the Park & Ride Lot, the Town agrees to return the area previously used for Park & Ride to the condition it was prior to this Agreement, including applying a parking lot sealant on the area previously used for Park & Ride. 8. Termination: Any party may terminate this Agreement for any reason or no reason upon sixty days notice to the other parties. This termination right exists even if the parties do not agree on a mutually acceptable alternative location for the Park & Ride Lot. Upon notice of intent to terminate this Agreement, no new Sun Tran Ride Guides or Maps shall be printed showing the Park & Ride lot on the Property. Sun Tran shall, within ten (10) days after the effective date of such termination, delete references to the location of the Park & Ride Lot and remove any signs installed by it on the Property and repair any damage caused by such removal. Within ten (10) days after the effective date of such termination, The Town shall remove the bus shelter and trash receptacle and return the property to the condition it was in prior to this Agreement, to include the application of a parking lot sealant on the area used for Park & Ride. 9. Notices and Signatures: The Parties have executed this Agreement as of the last date set forth below their respective signatures. Any notices hereunder shall be directed to the parties at the following addresses: If to Owner: Continental Ranch Development 6088 W. Arizona Pavilions Dr. #1 Tucson, AZ 85743 Print Name: Authorized Signature: Title: Date: If to Town of Marana: 11555 W. Civic Center Drive, Bldg A3 Marana, AZ 85653 Attn: James DeGrood Print Name: Ed Honea Authorized Signature: Title: Mayor Date: If to Sun Tran: 4220 S. Park Avenue Tucson, AZ 85714 (520) 206-8859 Attn: Jenny Simio, Product Manager Professional Transit Management of Tucson, Inc., an Arizona Corporation Print Name: Katrina Heineking Authorized Signature: Title: General Manager Date: TOWN COUNCIL MEETING INFORMATION MEETING DATE: May 1, 2007 TOWN OF MARANA AGENDA ITEM: J. 2. a. & b. TO: MAYOR AND COUNCIL FROM: Jane Fairall, Deputy Town Attorney SUBJECT: PUBLIC HEARING: Ordinance No. 2007.11: Relating to Mu- nicipal Court; amending Title 5 of the Marana Town Code by adding section 5-8, establishing a home detention program for nUl offenders; and designating an effective date. DISCUSSION This agenda item was heard in a study session on April 10, 2007, and Council directed staff to bring it back for adoption at this meeting. Under A.R.S. S 9-499.07, the Town Council is author- ized to establish a home detention program for people sentenced to jail for driving under the in- fluence (DUI) offenses. Pursuant to A.R.S. S 9-499.07(M), the Council must first hold a public hearing on the issue and make a finding of necessity for the program. A.R.S. S 9-499.07 sets forth strict requirements for the program. These requirements include: . payment of all costs for the program by the prisoner . a finding by the court that the prisoner is neither a threat to himself or other members of the community, nor has a past history of violent behavior . mandatory alcohol and/or drug testing and counseling . monitoring of prisoners, either by electronic or other means . a requirement that the prisoner first serve a minimum jail sentence before being placed on home detention The Town of Marana pays Pima County for the cost of inmate booking and housing rates for the Pima County Adult Detention Center. Currently those rates are set at $166.28 for booking and $57.46 per day for housing. For fiscal year 2007-2008, the booking rate will be reduced by 20 cents to $166.08, while the housing rate will be increased to $62.79 per day. Use of a home de- tention program in appropriate cases, particularly in those cases where a defendant has a prior DUI conviction and is facing a minimum mandatory sentence of 30 to 60 days in jail, would re- sult in a savings to the Town in jail costs. {00004562.DOC /} RECOMMENDATION Staff recommends adoption of Ordinance No. 2007.11, amending the Town Code to establish a home detention program for DUI offenders. SUGGESTED MOTION I move to adopt Ordinance No. 2007.11. {00004562.DOC /} -2- JHF 4/17/07 MARANA ORDINANCE NO. 2007.11 RELATING TO MUNICIPAL COURT; AMENDING TITLE 5 OF THE MARANA TOWN CODE, BY ADDING SECTION 5-8, ESTABLISHING A HOME DETENTION PROGRAM FOR DUI OFFENDERS; AND DESIGNATING AN EFFECTIVE DATE. WHEREAS the Town Council is authorized by A.R.S. S9-499.07(M) to establish a home detention program for offenders sentenced to jail confinement under A.R.S. SS28-1381 (Driving Under the Influence) or 28-1382 (Extreme Driving Under the Influence); and WHEREAS in order to establish a home detention program for DUI offenders, the Town Council must first hold a public hearing and make a finding of necessity for the program; and WHEREAS the Town Council held a public hearing on this matter on May 1, 2007; and WHEREAS the Town Council finds that the establishment of a home detention program will reduce the Town's jail costs and that only those offenders who do not pose a risk to public safety will be allowed to participate in the home detention program, the Town Council has de- termined that a necessity for the home detention program does exist; and WHEREAS the Town Council finds that the home detention program established by this ordinance is necessary for the public health, safety and general welfare of the Town of Marana. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. Title 5 of the Marana Town Code is hereby revised by adding section 5-8 entitled "Home Detention Program" as follows: Section 5-8 Home detention program There is hereby established in the municipal court a home detention program for offenders who are sentenced to jail confinement under A. R.S. 99 28-1381 and 28-1382. The home detention program is governed by the provisions of A.R.S. 99-499.07, subsection M through subsection R, and will be administered in com- pliance with those provisions. {0000430 I.DOC I 2} - 1 - SECTION 2. This Ordinance shall become effective on the 1 st day of July, 2007. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 1 st day of May, 2007. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney {0000430I.DOC /2} - 2 - MARANA RESOLUTION NO. 2007-67 RELATING TO MUNICIPAL COURT; DECLARING THE REVISIONS TO TOWN CODE TITLE 5 ADOPTED BY MARANA ORDINANCE NO. 2007.11 AS A PUBLIC RECORD FILED WITH THE TOWN CLERK; AND DECLARING AN EMERGENCY. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. The revisions to Town Code Title 5 (Municipal Court) adopted by Marana Ordinance No. 2007.11, a copy of which is attached to and incorporated in this resolution as Exhibit A and three copies of which are on file in the office of the Town Clerk, is hereby declared to be a public record and ordered to remain on file with the Town Clerk. SECTION 2. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, an emergency is hereby declared to exist, and this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15t day of May, 2007. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney {0000454 1. DOC /} JHF 4/17/07 TOWN COUNCIL MEETING INFORMATION MEETING DATE: TOWN OF MARANA May 1, 2007 AGENDA ITEM: J. 3. a. & b. TO: MAYOR AND COUNCIL FROM: Jane Fairall, Deputy Town Attorney SUBJECT: Ordinance No. 2007.12: Relating to Municipal Court; amend- ing Title 5 of the Marana Town Code by adding section 5-6-2, es- tablishing new probation monitoring fees; and designating an ef- fective date. DISCUSSION This agenda item was heard in a study session on April 10, 2007, and Council directed staff to bring it back for adoption at this meeting. At the current time, Marana Municipal Court uses the services of a private company for its probation services. This private company offers similar services in various courts in Pima County. Due to the growth of the Town and the concurrent growth of the criminal case load in the court, the court is now in need of services and programs that a private company is unable to offer. As a result, the court has decided to hire an in-house probation monitor, to monitor Marana Mu- nicipal Court probationers. An in-house probation monitor would benefit the greater community of the Town in ensuring that cases do not fall through the cracks and that convicted defendants are held accountable to their sentences. In addition, an in-house probation monitor would be de- voted solely to Marana Municipal Court cases and would, therefore, be able to provide more ser- vice to probationers, which also benefits the Town on a larger scale. Finally, an in-house proba- tion monitor would operate solely for the benefit of the court, without the competing interests that a private company must consider in operating its business. The proposed amendment provides for the imposition of probation fees to pay for the position and for the services the probation monitor will provide. These probation fees would be imposed as a condition of probation and would be no less than the amount provided for in state statute for supervised adult probation, which is currently $50 per month. The proposed amendment also allows the court to impose a lesser fee if the court determines that the probationer is unable to pay. RECOMMENDATION Staff recommends adoption of Ordinance No. 2007.12, amending the Town Code to establish new probation monitoring fees. SUGGESTED MOTION I move to adopt Ordinance No. 2007.12. {00004542.DOC I} JHF 4117107 MARANA ORDINANCE NO. 2007.12 RELATING TO MUNICIPAL COURT; AMENDING TITLE 5 OF THE MARANA TOWN CODE, BY ADDING SECTION 5-6-2, ESTABLISHING NEW PROBATION MONITORING FEES; AND DESIGNATING AN EFFECTIVE DATE. WHEREAS the Town Council finds that the imposition of fees for court-monitored pro- bation services payable in the Marana Municipal Court is in the best interests of the Town and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. Title 5 of the Marana Town Code is hereby revised by adding section 5-6-2 entitled "Probation Fees" as follows: Section 5-6-2 Probation fees A. When granting court-monitored probation to a defendant, the court shall, as a condition of probation, assess a monthly probation monitoring fee. B. The monthly probation monitoring fee shall reflect the actual costs of the monitored probation, including probation intake sessions, any necessary test- ing, court-ordered treatment and any other necessary costs. The monthly probation monitoring fee shall not be less than the sum specified in A.R.S. 9 13-901(A) or any successor provision, except that the court may assess a lesser fee after determining that the probationer is unable to pay the fee. C. The monthly probation monitoring fee shall only be assessed when a defen- dant is placed on monitored probation. SECTION 2. This Ordinance shall become effective on the 1st day of July, 2007. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 1st day of May, 2007. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney {00004300.DOC /} - 1 - MARANA RESOLUTION NO. 2007-68 RELATING TO MUNICIPAL COURT; DECLARING THE REVISIONS TO TOWN CODE TITLE 5 ADOPTED BY MARANA ORDINANCE NO. 2007.12 AS A PUBLIC RECORD FILED WITH THE TOWN CLERK; AND DECLARING AN EMERGENCY. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. The revisions to Town Code Title 5 (Municipal Court) adopted by Marana Ordinance No. 2007.12, a copy of which is attached to and incorporated in this resolution as Exhibit A and three copies of which are on file in the office of the Town Clerk, is hereby declared to be a public record and ordered to remain on file with the Town Clerk. SECTION 2. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, an emergency is hereby declared to exist, and this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 1 st day of May, 2007. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00004565.DOC /} JHF 4/17/07 TOWN COUNCIL MEETING INFORMATION MEETING DATE: May 1, 2007 TOWN OF MARANA AGENDA ITEM: J. 4. a. & b. TO: MAYOR AND COUNCIL FROM: Jane Fairall, Deputy Town Attorney SUBJECT: Ordinance No. 2007.13: Relating to Animal Control; amending Title 6 of the Marana Town Code to establish new dog licensing fees, delinquency penalties, license transfer fees and duplicate tag fees; amending section 6-5-2; and designating an effective date. DISCUSSION This agenda item was heard in a study session on April 10, 2007, and Council directed staff to bring it back for adoption at this meeting. The Town of Marana has an intergovernmental agree- ment (IGA) with Pima County for the provision of animal control services within the Town lim- its and the enforcement of the Marana Town Code Animal Control provisions (Title 6). As a part of this IGA, Pima County Animal Control collects license fees for animals within the Town and applies those fees to the County's actual costs to provide animal control services for the Town. Recently, the Town Attorney received a letter from the Pima Animal Care Center (copy attached), requesting that the Town adopt new fees for dog licenses, delinquent penalties, dupli- cate tags and license transfers. The Pima County Board of Supervisors adopted these new fees for animals within the County effective April 1, 2007. In addition, last year the Council adopted significant amendments to the Animal Control ordi- nance to make the Town's provisions consistent with State law and to close enforcement loop- holes. However, the sentencing provisions for Vicious or Destructive Animals require further amendment in order to comply with State law regarding restitution. RECOMMENDATION Staff recommends adoption of Ordinance No. 2007.13, amending the Town Code to establish new licensing fees and new restitution provisions for Vicious and Destructive Animals. SUGGESTED MOTION I move to adopt Ordinance No. 2007.13. {00004539.DOC /} JHF4/17/07 MARANA ORDINANCE NO. 2007.13 RELATING TO ANIMAL CONTROL; AMENDING TITLE 6 OF THE MARANA TOWN CODE TO ESTABLISH NEW DOG LICENSING FEES, DELINQUENCY PENALTIES, LICENSE TRANSFER FEES AND DUPLICATE TAG FEES; AMENDING SECTION 6-5-2; AND DESIGNATING AN EFFECTIVE DATE. WHEREAS the Town Council is authorized by A.R.S. S 9-240 to adopt animal control regulations; and WHEREAS the Town Council finds that the animal control regulations established by this ordinance are necessary for the public health, safety and general welfare of the Town of Marana. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. Section 6-2-8 ofthe Marana Town Code is hereby revised as follows (with deletions shown with strikeouts and additions shown with double underlininf!): Section 6-2-8 License fees; rebate; exemptions; delinquency penalties A. No dog license shall be issued by the town enforcement agent until the dog owner has paid a license fee, as follows: T e Unaltered do Altered do Dog declared vicious, destructive and/or dan erous B. Any person who presents to the town enforcement agent an affidavit or veterinarian's certificate stating either that the dog is already altered, that the dog is at least ten years old, or that the dog cannot be altered for health reasons, shall be eligible for the altered dog fee. C. Any person 65 years of age or older shall be eligible for the senior citizen license fee. The town enforcement agent shall establish reasonable standards of proof for eligibility. No more than four dogs per household shall be licensed at the senior citizen rate. Standard Fee $4()$45 $Will $+(}$75 SeniorlDisabled Fee ~lli $6$1 $+(}$75 D. Any person who presents to the town enforcement agent a statement from a qualified health care professional certifying that the person has a disabling condition as defined by the Americans with Disabilities Act shall be eligible for the disabled citizen license fee. {0000425 I. DOC / 2} - 1 - JHF 4/17/07 E. Any person who has paid the license fee for an unaltered dog who, during the license year, presents to the town enforcement agent a statement from a veterinarian certifying that the licensed animal has been altered shall be entitled to a rebate. The rebate shall be the difference between the fee paid and the fee for an altered dog. F. Guide dogs for the blind, hearing ear dogs for the deaf and certified "hand i- dogs" shall be licensed without payment of the license fee. G. Any person who fails to license a dog when the dog reaches three months of age or who fails to pay a license fee upon expiration of a license previously issued under this chapter, shall be charged a delinquent penalty. If the license application is made more than 30 davs after the due date. but within one year of the due date, a delinquent penalty of $aSfi shall be added to the license fee. If the license application is made more than one year after the due date, but less than two vears after the due date a delinquent penalty of $4Qlli shall be added to the license fee. If the license aoolication is made two or more vears after the due date. a delinauent oenaltv of $28 shall be added to the license fee. for each subsequent year, up to a maximum of $25. SECTION 2. Section 6-2-9 ofthe Marana Town Code is hereby revised as follows (with deletions shown with strikeouts and additions shown with double underlinim!:): Section 6-2-9 Transfer of license; fee; classification; sanction A. Whenever the ownership of a dog changes, the new owner shall secure a transfer of the dog's license. B. The releasing owner shall provide the new owner's name, address and phone number and the dog's age, sex and license number to the town enforcement agent within ten days of transfer. C. A transfer fee of $aSfi shall be charged to transfer any license. D. Failure to comply with this section is a civil infraction. E. Any person found responsible for violating this section shall be sanctioned by a fine of not more than $300. F. Any individual having received a notice of violation and failing to appear at the hearing time designated in the notice of violation, or time designated for hearing by the court, shall be deemed to have admitted the allegations of the complaint, and the court shall enter judgment for the town and impose a civil sanction in accordance with the provisions of this section. G. If any penalty ordered to be paid by the court or forfeited pursuant to default is not paid within 30 days of the magistrate's order, the town attorney may institute appropriate civil proceedings seeking legal and/or equitable relief to enforce the order, and the magistrate may institute judicial proceedings as provided by law to collect the penalty. All penalties collected pursuant to this section shall be paid to and become the property of the town. SECTION 3. Section 6-2-12 of the Marana Town Code is hereby revised as follows (with deletions shown with strikeouts and additions shown with double underlininl!:): {0000425 I. DOC /2} - 2 - Section 6-2-12 Duplicate tags, fee Whenever a dog license tag is lost, a duplicate tag will be issued upon application by the owner and the payment of $a.$.6 to the town enforcement agent. SECTION 4. Section 6-5-2 of the Marana Town Code is hereby revised as follows (with deletions shown with strikeouts and additions shown with double underlinini!): Section 6-5-2 Violations; penalty A. The owner of any animal that bites, attempts to bite, endangers or otherwise injures or causes injury to human beings or other animals, or destroys, damages or causes damage to the property of another person is guilty of a class 1 misdemeanor. B. An owner of an animal charged with a violation of this chapter shall produce that animal for inspection or impoundment upon the request of the town animal enforcement agent. All owners shall be responsible for any and all applicable impoundment and boarding fees in connection therewith. C. It is unlawful for any person to fail to comply with an order of the magistrate regarding a vicious or destructive animal. It is a separate offense for each day that the person fails to comply with the magistrate's order. D. f, viol:3tion of any provision of this chapter is punishable by a fine of up to $2,500, six months in jail, three years probation or any combination of these sanctions. The magistrate may not grant probation in lieu of, or otherwise suspend, the imposition of the minimum fine prescribed. In addition to anv other oenaltv. if the victim suffers economic loss as a result of a violation of this chaoteL the maaistrate shall order the owner to oav restitution to the victim. in the full amount of the victim's economic loss. as determined bv the maaistrate. This remedv shall not abridae anv civil cause of action bv the victim. E. In addition to the above sanctions anv other oenaltv, upon the declaration of an animal as vicious or destructive, the magistrate shall order the owner to do one or more of the following: 1. That +1he animal sAaU be kept in an enclosure that is high enough so that the animal cannot bite, harm or injure anyone outside the enclosure. The enclosure and property whereoo it is located shall be posted with conspicuous warning signs, and at no time shall the animal leave the enclosure unless it is muzzled, leashed and under the control of an adult human being; or 2. Iha.t +1he animal be banished from the town limits; or 3. That +1he animal be spayed or neutered at the owner's expense; or 4. That +1he animal be humanely destroyed,!,-;-ef 5. Restitution up to $1,000 may be ordered made by the owner to the victim. This remedy shall not abridge any ci'lil cause of action by the viotim. F. It shall be an affirmative defense to the provisions of this chapter if the animal is: {0000425 1. DOC / 2} - 3 - 1. Not at-large and there is provocation; or 2. The dog is a police dog under the command of its trainer. G. In any proceeding brought to enforce a violation of this chapter, the following procedure shall be used. 1. A peace officer or town animal enforcement agent, upon determining that any animal within the town limits is vicious and is an immediate danger to the safety of any person or other animal, may impound the animal immediately. 2. Within ten days of the date of impoundment, the town magistrate shall conduct a hearing provided under trns chapter 6-6. 3. The owner of the animal shall be notified of this hearing by the court. Upon proof of notification, the hearing may proceed in the owner's absence. SECTION 5. This Ordinance shall become effective on the 1st day of June, 2007. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 1 st day of May, 2007. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney {00004251.DOC / 2} - 4 - MARANA RESOLUTION NO. 2007-69 RELA TING TO ANIMAL CONTROL; DECLARING THE REVISIONS TO TOWN CODE TITLE 6 ADOPTED BY MARANA ORDINANCE NO. 2007.13 AS A PUBLIC RECORD FILED WITH THE TOWN CLERK; AND DECLARING AN EMERGENCY. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. The revisions to Town Code Title 6 (Animal Control) adopted by Marana Ordinance No. 2007.13, a copy of which is attached to and incorporated in this resolution as Exhibit A and three copies of which are on file in the office of the Town Clerk, is hereby declared to be a public record and ordered to remain on file with the Town Clerk. SECTION 2. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, an emergency is hereby declared to exist, and this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 1 st day of May, 2007. ATTEST: Mayor Ed Honea Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00004538.DOC !} JHF 4/17/07 TOWN COUNCIL MEETING INFORMATION MEETING DATE: TOWN OF MARANA May 1, 2007 AGENDA ITEM: J.5 TO: MAYOR AND COUNCIL FROM: Kevin Kish, AICP, Planning Director SUBJECT: Resolution No. 2007-70: Relating to Development; approving and authorizing a preliminary plat for Oasis Hills II. DISCUSSION Request The applicant requests preliminary plat approval for a 40-lot single family residential subdivision on 9.8 acres. This project was presented to the Planning Commission on March 28, 2007. The Planning Commission is forwarding this preliminary plat to the Town Council with a unanimous recommendation for approval. Location The property is generally located east of Camino de Manana and south of Oasis Road. Zonin2 The project is located within the Cascada Specific Plan with a land use designation of MDR (Residential Single Family, minimum lot size, 3,500 square feet). The preliminary plat proposes a mix of lot sizes with the smallest lot equaling 5,000 square and the average lot size equaling 5,420. The Cascada residential design standards will govern the design ofthe homes. Transportation The project proposes its main point of ingress/egress off Camino de Manana. The internal (on site) circulation will be public. The project contains emergency access in the northern portion of the subdivision off Oasis Road as required by the adopted Town of Marana Street Standards. Northwest Fire has approved the preliminary design and location of the emergency access. The site is located in the South Marana Transportation benefit area and is subject to the adopted impact fees. Open Space The subdivision's Common Area "A" contains drainage facilities, utilities, re-vegetated open space and developed usable open space in the amount of 3.73 acres. A portion of Common Area "A" located at the southern portion of the subdivision consists of an on-site recreational facility. The on-site facility contains approximately 9,801 square feet of area (7,400 square feet required) and includes amenities such as, a playground unit, a turf play area, benches and a barbeque. 050107 Oasis Hills II PP TC.doc ATTACHMENTS Location map and plat reduction. RECOMMENDATION Staff has reviewed the application for compliance with the Cascada Specific Plan, Marana Land Development Code and the Marana General Plan. This preliminary plat is in conformance with all required development regulations and conditions of zoning. Staff recommends approval of a preliminary plat for Oasis Hills. SUGGESTED MOTION I move to approve Resolution No. 2007-70. -2- 050107 Oasis Hills II PP TC.doc MARANA RESOLUTION NO. 2007-70 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A PRELIMINARY PLAT FOR OASIS HILLS II. WHEREAS, Fidelity National Title Trust No. 60182, the owner of Oasis Hills II, has applied for approval of a preliminary plat for an 40-10t single-family home subdivision on 9.89 acres, including lots 1 through 40 and common areas "A", and is generally located south of Oasis Road and east of Camino de Manana, within Section 14, Township 12 South, Range 12 East; and WHEREAS, the Marana Planning Commission at their regular meeting held on March 28, 2007, and at said meeting voted 4-0 (Commissioners Schisler, Wostenburg and Hestwciod excused) to recommend that the Town Council approve said preliminary plat; WHEREAS, the Marana Town Council, at their regular meeting on May 1, 2007, determined that the Oasis Hills II preliminary plat should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that Oasis Hills II preliminary plat is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 1 st day of May, 2007. ATTEST: Ed Honea, Mayor Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney ~UOa ~ III I lIB MARA A ~/ ! '" TOWN OF MARANA Oasis Hills Preliminary Plat Case No. PRV-06076 Subject Property Pima County Data OlsclaJmer 500 I o 500 1 0100 Feet (f) The Town of Marana provides this map Information "AS Is" at the request of the us.r with the understanding that it is not guaranteed to be accurate, correct'or complete and concNsions drawn from such Information are the responsibility of the user. In no event shall The Town of Marana become liable to users of these data. or any other party, for any loss or direct, indirect. apeclal, incidental or cona.quentlal damages1lncludlng but not limited to time, money or goodwill, arising from the use or modification of the data. REQUEST A request for preliminary plat approval of a 40-lot single family residential subdivision. Oasis Hills II Preliminary Plat is on file and available for viewing from 8:00 a.m. to 5:00 p.m. Monday through Friday excluding holidays, at the office ofthe Town Clerk, 11555 W. Civic Center Drive, Marana, AZ 85653. "--......"".........."._.....~-<~b._-~__...~_......~~"',....'"""...=..h~_~.~," TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: May 1, 2007 AGENDA ITEM: J.6 TO: MAYOR AND COUNCIL FROM: James DeGrood, Assistant Town Manager SUBJECT: Resolution No. 2007-71: Relating to Development; approving and authorizing the execution of the First Amendment to the Development Agreement Regarding Development Impact Fee Credits for Gladden Farms, and declaring an emergency. DISCUSSION The Gladden Farms project has been developed by Gladden Forest, LLC, and has included the dedication and construction of significant roadway, trail and park infrastructure and right-of-way to the Town of Marana. In 2005 the Town entered into a development agreement with Gladden Forest to identify the credits associated with the arterial/collector roadway and public park improvements constructed by Gladden Forest. The Town recently formed the Tangerine Farms Improvement District for the purpose of constructing Tangerine Farms Road through the Gladden Farms development. Tangerine Farms Road is an arterial road which is creditable against the Northwest Marana Transportation Benefit Area. Blocks 1, 7, 8, 9, 13, 15, 16, 19,22,24 & 25 of Gladden Farms are zoned for residential development and are within the Tangerine Farms Improvement District. The Town has determined that ofthe Tangerine Farm Road assessment amount, $4,544 is creditable against the Northwest Marana Transportation Benefit Area fee (the value of utilities constructed with the project was deducted from the assessment amount). This credit will only apply to the blocks within the Tangerine Farms Improvement District. This credit, together with the credit already granted for the construction of Lon Adams and Gladden Farms Roads exceeds the Northwest Marana Transportation Benefit Area fee amount. The developer has also expended more on the construction of the Gladden Farms park than was projected at the time ofthe original credit analysis; this amendment modifies the credit based upon actual park development costs for all remaining residential lots within the Gladden Farms development. BLU difocreditsgladdenfarms 1st amend.doc Page 1 of2 4/25/2007 RECOMMENDATION Staff recommends adoption of Resolution No. 2007-71, approving and authorizing the execution of the First Amendment to the Development Agreement Regarding Development Impact Fee Credits for Gladden Farms. SUGGESTED MOTION I move to approve Resolution No. 2007-71. BLU difocreditsgladden farms 1st amend. doc Page 2 of2 4/24/2007 MARANA RESOLUTION NO. 2007-71 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING THE EXECUTION OF THE FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT REGARDING DEVELOPMENT IMPACT FEE CREDITS FOR GLADDEN FARMS, AND DECLARING AN EMERGENCY WHEREAS, the Town of Marana has adopted various development impact fees to address demand upon the existing public infrastructure and parks in the region; and, WHEREAS, Arizona Revised Statutes, S 9-463.05 requires that developer dedications and improvements shall be considered for credit against applicable impact fees; and, WHERAS, the Town and Developer of Gladden Farms have previously entered into a development agreement for the purposes of identifying credits against the applicable impact fees; and, WHEREAS, the recently formed Tangerine Farms Improvement District will contribute needed improvements that are creditable against the Northwest Marana Transportation Benefit Area impact fee liability for Gladden Farms, Blocks 1, 7, 8, 9, 13, 15, 16, 19,22,24 and 25; and, WHEREAS, the Developer of Gladden Farms has expended more on the improvement ofthe Gladden Farms Park than was credited in the original development agreement. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Maran a, Arizona, approving and authorizing the Mayor to execute the First Amendment to the Development Agreement regarding development impact fee credits for Gladden Farms. IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, conditions and objectives of the agreement. PASSED and ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 1 st day of May, 2007. Page 1 of 2 ATTEST: Jocelyn Bronson Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Page 2 of2 Mayor Ed Honea TOWN OF MARANA FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT REGARDING DEVELOPMENT IMPACT FEE CREDITS FOR GLADDEN FARMS THIS AGREEMENT (this "Agreement") is entered into by and between the TOWN OF MARANA, an Arizona municipal corporation (the "Town"), and GLADDEN FOREST LLC, an Arizona limited liability company and FIDELITY NATIONAL TITLE AGENCY, 1Nc., an Arizona corporation, as trustee under Trust No. 30,212 and STANDARD PACIFIC HOMES OF TuCSON, INC., a Delaware corporation and TITLE SECURITY TRUST OF ARIZONA, an Arizona corporation, as trustee under Trust No. 988 (all four of them, collectively, are referred to as the "Developer"). The Town and the Developer are sometimes collectively referred to as the "Parties," each of which is sometimes individually referred to as a "Party." RECITALS A. This Agreement is entered into and authorized pursuant to A.R.S. S 9-500.05. B. The Town has adopted certain development impact fees for roads and regional parks pursuant to A.R.S. S 9-463.05. C. The Developer is developing the land described and depicted on the subdivision plat recorded in the Pima County Recorder's office at Book 55 of Maps and Plats, Page 60 ("Gladden Farms"). D. The Developer is entitled to credit pursuant to A.R.S. S 9-463.05(B)(3) toward the payment of the Town's adopted development impact fees based on the required dedication of public sites and improvements provided or to be provided by the Developer in connection with the development of Gladden Farms. E. The Parties have previously executed an agreement identifying credits for public im- provements, approved by the Marana Town Council on July 19, 2005, and is recorded in the Pima County Recorder's office at Dkt. , Page F. Additional transportation improvements are being constructed by the Tangerine Farms Road Improvement District, of which Gladden Farms, Blocks 1, 7,8,9, 13, 15, 16, 19,22,24 & 25 are a part. These improvements are creditable against the Northwest Marana Transportation Benefit Area impact fee. {00000968.DOC I} - 1 - G. The Parties desire to memorialize their agreement concerning the amount of the de- velopment impact fee credit against the Northwest Marana Transportation Benefit Area impact fee applicable to Blocks 1, 7, 8, 9, 13, 15, 16, 19,22,24, and 25 of Gladden Farms. H. The Developer has constructed substantial public park improvements (Gladden Farms Park) which have been dedicated to the Town, all of which is creditable against the Parks Benefit Area impact fee. 1. The Developer has expended a greater amount in the development of the Gladden Farms Park than was proposed in the previously executed agreement identifying credits for pub- lic improvements identified in section E. J. The Parties desire to memorialize their agreement concerning the revised amount of the development impact fee credit against the Parks Benefit Area impact fee as a result of in- creased costs to the Developer. AGREEMENT Now, THEREFORE, in consideration of the foregoing premises and the mutual covenants set forth in this Agreement, the Parties hereby agree as follows: 1. Credit toward arterial roadway development impact fees. 1.1. Previously identified credits. The credit previously identified for the Northwest Marana Transportation Benefit Area development impact fee provided by the Developer to the Town in connection with the development of Gladden Farms, was $4,168 per lot. 1.2. Total lots. The total number of residential lots which are within the Tangerine Farms Road Improvement District and are anticipated to be constructed in connection with the devel- opment of Gladden Farms, Blocks 1, 7, 8, 9,13, 15, 16, 19,22,24 & 25 is 649. 1.3. Credit per lot. The credit against arterial roadway development impact fees for those Blocks within the Tangerine Farms Road Improvement District is 4,544 per lot. The total credit for Gladden Farms, Blocks 1, 7, 8,9, 13, 15, 16, 19,22,24 & 25 against the Northwest Marana Transportation Benefit Area development impact fee is $8,712. 1.4. Current fee. As of the date of this Agreement, the Northwest Marana Transportation Benefit Area development impact fee is $6,237. The Northwest Marana Transportation Benefit Area development impact fee credit exceeds the impact fee, therefore no fee is to be collected for Gladden Farms, Blocks 1, 7, 8, 9, 13, 15, 16, 19,22,24 & 25. 1.5. Future fee revisions. If the Town amends its Northwest Marana Transportation Benefit Area development impact fee applicable to Gladden Farms, Blocks 1, 7, 8, 9, 13, 15, 16, 19,22, 24 & 25 the fee per lot shall be the then-applicable fee minus $8,712. 1.6. Actual construction and dedication as condition of credit. The credit against arterial roadway development impact fees calculated in accordance with this paragraph 1 shall apply only to the extent the arterial roadway construction and dedication has been completed or is in progress to the reasonable satisfaction of the Town. {00000968.DOC /} - 2 - 2. Credit toward regional park development impact fees. 2.1. Previously Identified Credit. The value of regional parks provided by the Developer to the Town in connection with the development of Gladden Farms, including the value of any and all regional park lands conveyed to the Town and any and all allowable regional park construc- tion costs, was identified as $3,764,100, or $2,162 per lot against the park development impact fee for Gladden Farms. 2.2. Total value. The total value of regional parks provided by the Developer to the Town in connection with the development of Gladden Farms, based upon actual completed costs, includ- ing the value of any and all regional park lands conveyed to the Town and any and all allowable regional park construction costs, is $4,551,810. 2.3. Total lots. The total number of residential lots anticipated to be constructed in connec- tion with the development of Gladden Farms is 1741. 2.4. Credit per lot. The credit against regional park development impact fees is $2,614 per lot, for all remaining residential lots within the Gladden Farms development for which a building permit has not yet been issued. 2.5. Current fee. As of the date of this Agreement, the Town's regional park development impact fee that would apply to Gladden Farms before the credit is $3,028. Subtracting the $2,614 credit, the current park development impact fee for Gladden Farms is $414 per lot. 2.6. Futurefee revisions. If the Town amends its park development fee applicable to Gladden Farms, the fee per lot shall be the then-applicable fee minus $2,614. 3. Miscellaneous 3.1. Binding effect. This agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the Parties. 3.2. Cancellationfor conflict of interest. This agreement is subject to A.R.S. ~ 38-511, which provides for cancellation in certain instances involving conflict of interest. {00000968.DOC /} - 3 - IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date set forth below their respective signatures. TOWN: DEVELOPER: THE TOWN OF MARANA, an Arizona municipal corporation GLADDEN FOREST LLC, an Arizona limited liability company By: Ed Honea, Mayor By: FOREST CITY LAND GROUP, INC., and Ohio corporation, its managing member Date: By: Dean Wingert, Senior Vice President Date: ATTEST: FIDELITY NATIONAL TITLE AGENCY, INC., an Arizona corporation, as trustee under Trust No. 30,212 Jocelyn C. Bronson, Clerk ApPROVED AS TO FORM: By: Frank Cassidy, Town Attorney Date: STANDARD PACIFIC HOMES OF TuCSON, INC., an Arizona limited liability company corporation By: , its Date: TITLE SECURITY TRUST OF ARIZONA, an Arizona corporation, as trustee under Trust No. 988 By: , its Date: {00000968.DOC /} -4- STATE OF ARIZONA) ss County of Pima ) The foregoing instrument was acknowledged before me on by Dean Wingert, Senior Vice President of Forest City Land Group, Inc, an Ohio corporation, man- aging member of Gladden Forest, L.L.C., an Arizona limited liability company, on behalf of the L.L.C. My commission expires: Notary Public STATE OF ARIZONA) ss County of Pima ) The foregoing instrument was acknowledged before me on by of FIDELITY NATIONAL TITLE AGENCY, INC., an Arizona corporation, as trustee of Trust No. 30,212, on behalf of the trust. My commission expires: Notary Public STATE OF ARIZONA) ss County of Pima ) The foregoing instrument was acknowledged before me on by of Standard Pacific Homes, a Delaware corporation, on behalf of the corporation. My commission expires: Notary Public {00000968.DOC /} 5 STATE OF ARIZONA ) ss County of Pima ) The foregoing instrument was acknowledged before me on by of TITLE SECURITY TRUST OF ARIZONA, an Arizona corporation, as trustee of Trust No. 988, on behalf of the trust. My commission expires: Notary Public {00000968.DOC /} 6 TOWN COUNCIL MEETING INFORMATION TOWN OF MARAN A MEETING DATE: May 1, 2007 AGENDA ITEM: J.7 TO: MAYOR AND COUNCIL FROM: Jocelyn C. Bronson, Town Clerk SUBJECT: Resolution No. 2007-72; Relating to Mayor and Council; approv- ing May 16, 2007, as the second regular Council meeting in May 2007. DISCUSSION Title 2, Chapter 2-4-1 (A) of the Town Code relating to regular and special meetings permits changing a regularly scheduled meeting which falls on a legal holiday or election day to be moved to the next day which is not a legal holiday. This year, the second meeting in May falls on May 15, which is the date ofthe General Election. The next permissible day for a Council meeting would be May 16, 2007. RECOMMENDATION Staff requests that Council authorize moving the regular Council meeting to May 16, 2007, pur- suant to the authority provided in the Town Code. SUGGESTED MOTION I move to approve Resolution No. 2007-72. {00003583.DOC !} MARANA RESOLUTION NO. 2007-72 RELATING TO MAYOR AND COUNCIL; APPROVING MAY 16, 2007 AS THE SECOND REGULAR COUNCIL MEETING IN MAY 2007. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. The Town Code Title 2 (Mayor and Council), chapter 2-4-1(A) relating to Council Procedure, permits changing the date of a regular meeting if it falls on a legal holiday or election. SECTION 2. The date of the second regular Council meeting in May 2007 falls on May 15, which is the date of the General Election. The next permissible date to hold the regular Council meeting would be May 16, 2007. SECTION 3. It is in the best interests of the citizens of Marana to change the date of the second regular meeting to May 16, 2007. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 1 st day of May, 2007. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney JCB/4/24/2007/5:57:35 PM TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: May 1, 2007 AGENDA ITEM: K.l TO: MAYOR AND COUNCIL FROM: Jocelyn C. Bronson, Town Clerk SUBJECT: Resolution No. 2007-73: Relating to Boards, Commissions and Committees; approving and authorizing the re-appointments of Scott Mundell, Marsha Johnson and Gary Davidson to the Dove Mountain Resort community Facilities District for four-year terms to expire in June 2011. DISCUSSION Pursuant to the Amended and Restated Development Agreement and Intergovernmental Agree- ment of Red Hawk Canyon, the District Manager for the Red Hawk Canyon Community Facili- ties is petitioning the Council to approve the re-appointments of Scott Mundell, Marsha Johnson and Gary Davidson to the Dove Mountain Resource Community Facilities District for four-year terms to expire in June 2011. These board members' terms are set to expire in June, 2007. RECOMMENDATION Staff recommends approval of the re-appointments as recommended by the District Manager. ATTACHMENT Petition for Appointment of District Board Members. SUGGESTED MOTION I move to adopt Resolution No. 2007-73. Red Hawk Canyon CFD appointments JCB/11/21/06 MARANA RESOLUTION NO. 2007-73 RELATING TO BOARDS, COMMISSIONS AND COMMITTEES; APPROVING AND AUTHORIZING THE RE-APPOINTMENTS OF SCOTT MUNDELL, MARSHA JOHNSON AND GARY DAVIDSON TO THE DOVE MOUNTAIN RESORT COMMUNITY FACILITIES DISTRICT FOR FOUR-YEAR TERMS TO EXPIRE IN JUNE 2011. WHEREAS, the Town Council formed the Dove Mountain Resort Community Facilities District pursuant to the Amended and Restated Development Agreement and Intergovernmental Agreement for Red Hawk Canyon; and WHEREAS, the Town Council is responsible for appointments and re- appointments to the board of directors; and WHEREAS, the three directors of the Dove Mountain Resort Community Facilities District have terms which will expire in June, 2007; and WHEREAS, the developer, through the CFD's district manager, has petitioned the Council to re-appoint Scott Mundell, Marsha Johnson and Gary Davidson to additional four-year terms. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Maran a, Arizona, that Scott Mundell, Marsha Johnson and Gary Davidson shall be re- appointed to the board of directors of the Dove Mountain Resort Community Facilities District for additional four-year terms to expire in 2011. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 1 st day of May, 2007. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney PETITION FOR APPOINTMENT OF DISTRICT BOARD MEMBERS FOR DOVE MOUNTAIN RESORT COMMUNITY FACILITIES DISTRICT (TOWN OF MARANA, ARIZONA) TO: Clerk, Town of Marana, Ariozna The undersigned District Manager for the Dove Mountain Resort Community Facilities District, acting pursuant to the Amended and Restated Development Agreement and Intergovernmental Agreement (Red Hawk Canyon), Docket 9969, Page 1923, 1/30/95, respectfully petitions the Honorable Town Council of the Town of Marana, Arizona to appoint the following District Board Members. Article 5 - Organization and Operation of the Districts - 5.1. Appointment of Boards of Directors. The initial members of the District Board shall be those individuals names in the applicable Resolution and acceptable to Developer (the "District Board Members"). In the event of a vacancy occurring on the expiration of the term of an appointed District Board Member or upon the death, resignation or inability of a District Board Member to discharge the duties of such office, the District shall notify the Developer of such vacancy and give the Developer a reasonable opportunity to recommend candidates for appointment to fill the vacancy and to advise and consult the Town in connection therewith. After considering the general qualifications of any candidates recommended by the Developer, the Town shall promptly appoint a new District Board Member. Pursuant to the above Article in the Amended and Restated Development Agreement and Intergovernmental Agreement, the Developer (Cottonwood Properties), hereby recommends and requests approval of the following: Re-Appointment of Scott Mundell, Marsha Johnson, and Gary Davidson whose term is set to expire June 2007 to serve an additional four (4) year term. 1 Submitted and effective this 16th day of April, 2007. By Patti . y Facilities District STATE OF ARIZONA COUNTY OF PIMA The foregoing instrument was acknowledged before me this 16th day of April 2007, by Patti 10 Lewis, District Manager, for the Dove Mountain Resort Community Facilities DisUict. [~. ill m..! Notary Public OFRCIAL SEAl. 8 LISA K. O'NEILL NoIIIy PubIc. SIaII aI ArIziDnI PIMA COUNTY My Comm. EllpirII New. 10, DT1 My commission expires: Vlov. \()) ~'::f- 2 TOWN COUNCIL MEETING INFORMATION MEETING DATE: TOWN OF MARANA May 1, 2007 AGENDA ITEM: L.l TO: MAYOR AND COUNCIL FROM: Michael A. Reuwsaat, Town Manager SUBJECT: State Letdslative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature DISCUSSION This item is scheduled for each regular Council meeting in order to provide an opportunity to discuss any legislative item that might arise during the current session of the State Legislature. Periodically, an oral report may be given to supplement the Legislative Bulletins. ATTACHMENTS Legislative Bulletin, Issues 15 and 16. RECOMMENDATION Upon the request of Council, staff will be pleased to provide recommendations on specific legislative issues. SUGGESTED MOTION None required. JCB/04/24/2007/5:59 PM League of Arizona Cities IN THIS ISSUE Signage Bill .............................. I Construction Sales Tax Preemption Ready for House Floor .............................. 1 Amendments May Address Defensive Driving School Concerns .................................. 2 Air Quality Legislation Expected To Hurt ..................... 2 Governor Signs Plumbing Code And Title 34 Legislation ............................... 2 Immigration Bills ..................... 2 Conference Committee Nitty Gritty............................... 3 The Weekly Spotlight: Rep. Chad Campbell ................ 4 Attachments: I. Letter To Governor Napolitano RE: HB2369 2. Fact Sheet Oppose 8B1544 Legislative Bul/etin is published by the League of Arizona Cities and Towns. Forward your comments or suggestions to: League of Arizona Cities & Towns 1820 West Washington Street Phoenix. Arizona 85007 Phone: 602-258-5786 Fax: 602-253-3874 Email: league@azleague.org Internet: www.azleague.org Towns Issue 15, April 13, 2007 SIGN WALKER BILL House Bill 2369, the offensive bill that regulates temporary signage in cities and towns, is sitting on the Governor's desk awaiting action. She only has a couple of days left to either sign it into law, veto it or let it become law without her signature. This horrendous attack on local control needs to be vetoed! If you have not done so already, call the Governor and ask her to veto HB2369. The local number is (602) 542-4331 or dial toll free at 1-(800) 253-0883. For your convenience, we attached the League's veto request letter that explains our main points of contention with this bill. CONSTRUCTION SALES TAX PREEMPTION READY FOR HOUSE FLOOR Senate Bill 1544, which was amended in the House Government Committee several weeks ago to dictate how a municipality's construction sales tax revenue can be spent, is now ready to be heard on the House floor. This will directly affect the 24 municipalities that have a construction sales tax higher than their general sales tax rate and sets a terrible precedent of the state and special interests determining how local taxes are used. This bill, pushed by the Homebuilders Association of Central Arizona and sponsored by Senator Verschoor, exemplifies a special interest group dictating that taxes they pay must be spent only to benefit their industry. This is particularly egregious in that the homebuilding industry is only one of many industries that pay the construction sales tax. Once this bill moves through the House, it will likely be final voted in the Senate quickly and, if it passes, be sent to the Governor's office for her action. It is very important that all of your legislators and the Governor's office hear from yOU about the negative impacts this bill will have on your community. The League's fact sheet on this bill is attached for your use. Please contact your legislators and ask them to OPPOSE S.B. 1544!. AMENDMENTS MAY ADDRESS DEFENSIVE DRIVING SCHOOL CONCERNS The League and the Supreme Court are working on amendments to address our concerns with the amendment to House Bill 2001. This bill allows a driver to attend any defensive driving school, not just a municipality's primary provider. Touted as increasing competition and choice for consumers, this bill has the potential to negatively impact our ability to provide quality court services to our consumers. Additionally, receiving information from dozens of schools regarding hundreds of drivers has the potential to be an administrative nightmare. The proposed amendment allows the court to keep its primary provider but requires the court to accept other school completions as well. It also includes a delayed effective date and a provision that allows the Administrative Office of the Courts to create rules on how these schools have to report information in order to operate in your municipality. The League is currently opposed to the bill and will remain so until we hear from our cities that their courts' concerns are addressed. If you would like more information or have concerns with this legislation, please let the League know as soon as possible. This bill is expected to move quickly once the amendments are finalized. AIR QUALITY LEGISLATION EXPECTED TO HURT After months of discussions about how to address the air quality issue in the Maricopa County area, Senate Bill 1552 is ready to go to conference committee where it is expected to be significantly amended with requirements of cities and towns to playa role in improving the area's air. Many cities and towns have been meeting with the Department of Environmental Quality and other stakeholders for several weeks to address our concerns with this language and reach a workable solution. These requirements, which include paving/stabilizing dirt roads and bare lots, banning leaf blowers on high pollution days, requiring contract street sweepers to use PM-IO certified machines, place some responsibility on the cities for helping the region comply with the Federal Environmental Protection Agency's requirements. The state faces serious mandates and transportation funding cuts if the plan is not approved and reduction goals are not met. While most of the municipalities affected by the measure are participating in the discussion, this could also affect communities in Pinal County and Pima County. If you would like more information on the discussions, please contact League staff. GOVERNOR SIGNS PLUMBING CODE AND TITLE 34 LEGISLA TION Governor Napolitano signed two League-supported bills this week, House Bill 2065 and House Bill 2252. HB2065 is the construction procurement study compromise between the League, the counties and the contractors. The Associated General Contractors (AGC) selected 15 cities and towns to participate in that study, which begins this summer and spans over a two year period. The League will be contacting those communities with more detailed information in the near future. HB2252 is the plumbing code clean-up bill that resulted from the repeal of the state wide plumbing code commission. This commission was undeniably a failure and there was no attempt to renew it this session given its track record over the past ten years. Cities and towns will now be able adopt current codes and amendments that address the needs of their community. IMMIGRATION BILLS House Bill 2467, licensing eligibility; lawful presence; verification, requires any state or local agency issuing a license for the purpose of operating a business in the state to verify that the applicant is lawfully present in the United States. This bill could have dire consequences if enacted. The impact depends on the level of effort required by agencies to verify the lawful presence of applicants; the level of effort required is not defined by the bill. Municipalities that have local sales tax, also known as transaction privilege tax (TPT), would have to verify the legal status of businesses trying to obtain a TPT license from the city. Cities and towns that issue licenses to regulate certain types of businesses that the state does not regulate would have to verify the lawful presence of the applicants. If cities and towns currently issue licenses via mail or the Internet, there may be considerable costs to verifying the lawful presence of applicants. > ""-""~."""~___''''''''''''~''''","",,,",,,,,"~'''~~'''m''_'',",,'''''''''."''''''''''''''''''''''',.>_....,.....,,,..~'O.._,.,..,,._ 2 April 6, 2007 Immigration Bills (cont'd.) This bill barely got out of the House and was sent to the Senate. It was First Read on April 9th. We will watch it closely. House Bill 2779, the fair and legal employment act has numerous provisions that affect employers and units of government. This bill prohibits knowingly hiring an unauthorized alien and establishes legal employment affidavit requirements for employers. It also prescribes criminal penalties for false swearing on the affidavit. H.B. 2779 requires use of the Basic Employment Verification Pilot Program (a federal program) by the state and political subdivisions by specified dates. It also expands the definition of aggravated identity theft. Municipalities could not award contracts unless contractors and subcontractors provide the Basic Pilot Program verification documents for all employees who will perform services under the contract. Services are defined to mean the furnishing of labor, time or effort in this state by a contractor or subcontractor. Services include construction or maintenance of any structure, building or transportation facility or improvement of real property. This bill was amended several times in the House and eventually passed out of that body 46-13, with one not voting. Since being in the Senate it has passed through Appropriations and Rules. One of our questions is the liability a municipality would have for the verification of contractor's or subcontractor's employees. There are also complaints voiced that the Basic Pilot Program is not reliable. We will continue to monitor these bills and keep you apprised if calls to action are needed. CONFERENCE COMMITTEE NITTY GRITTY As we progress toward what we hope is the end of the legislative session, we are faced with what is probably the most complicated part of the legislative process: conference committees. This is the place where final concerns can be addressed or where all the hard work stakeholders put into bills all the way through the process can be undone in seconds. Here is a brief overview of conference committees and how they work: · Both houses must vote on identical versions of a bill before it can be sent to the Governor for action. This is an easy requirement if a bill is not amended in the other house (Senate bills in the House, and vice versa). If the bill is amended, however, things get a bit trickier. · The bill's sponsor has two options once the bill is amended in the other chamber: concur or refuse. o If the sponsor concurs, then he or she accepts the changes made by the other house and the bill will be 'final read' , or voted on one last time by the original chamber. Once this takes place, both chambers will have voted on the same bill and it will go to the Governor. o If the sponsor refuses, then the bill goes to conference committee for further action. "Free" conference committees are the most common type, where any amendments can be made as long as they are germane. Strike-everything amendments are prohibited in conference committee. · Conference committees generally consist of six members, three from each house. The Speaker of the House appoints two Republican members and one Democratic member, and the President of the Senate does the same. · While referred to as one entity, a conference committee is actually two meetings running simultaneously, with each chamber having a chairman, making motions, etc. Both have to adopt the same amendment in order for each house to vote on the same bill. · After the conference committee makes its changes, the bill is 'final read' in each house and then sent to the Governor's Office if it passes both. As you can see, conference committees can get very complex. In addition, amendments are almost always final before they go to committee and testimony is rarely taken. League staff will closely watch bills that affect cities and towns and any conference committee action on those bills. As always, please contact any member of the League's legislative staff with any questions or concerns you have regarding this or any legislative process. ~-,.~-'"'~"""".>",.'''','''. ~^'"."~^"'_""~'~~"'~._,..~.,-",,,,,.,,., 3 April 6, 2007 The Weekly Spotlight- Representative Chad Campbell Representative Chad Campbell is a Phoenix native and lifelong Arizona resident. A graduate of Moon Valley High School and Northern Arizona University, Mr. Campbell is a State Representative for District 14, which covers parts of central and west Phoenix. Mr. Campbell has been an active community member for many years working on a variety of issues. As a community leader and nonprofit director, some of the key issues he has worked on over the years include improving the Maricopa County transportation system, protecting state shared revenues for cities, advocating for renewable energy and smarter growth, and improving workers' wages. Representative Campbell is also the former Community Outreach Director for Children's Action Alliance, the state's leading non-profit organization fighting for children and families. As a legislator, Mr. Campbell's pnontles include improving public safety, better management of our state's growth, protecting our natural resources, and improving our public education system - both K through 12 and higher education. In addition to his duties at the legislature, Representative Campbell is a private consultant and also serves on the Board of Directors for various non-profit organizations, including his role as President of Phoenix SCORES. How do you see local government impacting people's lives? I believe local governments have a stronger impact on people's lives than any other level of government. Obviously, public safety is the first thing that comes to many people's mind when thinking of the important functions and duties of local government as police and fire provide some of the most important services that residents receive. However, local governments do much more than just provide for public safety-local streets and roads, community services, trash collection, utilities, etc. Local government provides many, if not most, of the services that might not get a lot of media attention or ignite exciting public debate, but they are the most critical to a person's everyday life. You name an important service, and I'll bet that local government is involved in one way or another. What is one issue you see as particularly important to local government this session? The issue that I feel is most critical to local governments is that of protecting shared revenues. It's not an issue that is confined to just this session, as there seems to be a fight to protect these revenues every session, but it is by far the most important as local governments depend on shared revenues to provide those critical services discussed in question #1. Tell us something about your family and friends. This is my first session down here, so I'm trying to spend as much time with family and friends as I can while in session, but have quickly realized that translates into very little time. So, once session is over, I plan on spending more time with family and friends to do the things I enjoy the most - traveling, camping, and just spending quality time together. I'm a firm believer that it's not so much the quality of the activity you're doing, as the quality of the people you're doing it with - in other words, I don't really care what I'm doing with friends and family as long as I'm getting to spend time with them. What is afavorite vacation spot? In Arizona, definitely has to be Bisbee. Outside of Arizona, Australia. What's afavorite hobby? Mountain biking. I live to be on my bike as it's both a physical exercise and a mental escape for me. Unfortunately, I've learned very quickly that during session I'm lucky if I get to ride once a week, yet I'm used to riding 3 times or more a week. So, this has been difficult to accept for me! As soon as session is done, it's back to the trails for me - I need to bum off all of those calories from the lunches on the lawn! Thank you for your time. You're welcome. 4 April 6, 2007 League of Arizona ~.~ Cities AND Towns 1820 \V.Washington. Phoenix,AZ 85007. Phone: (602) 258-5786. Fax: (602) 253-3874 Email: league@alleague.org . Web site: www.azleague.org April 11, 2007 The Honorable Janet Napolitano Governor, State of Arizona 1700 W. Washington Street Phoenix, Arizona 85007 VIA HAND DELIVERY Dear Governor Napolitano, On behalf of Arizona's cities and towns, I respectfully request that you veto House Bill 2369 - temporary signage; preemption; fee; petty offense; fine; definition. The bill directly interferes with the authority of municipal officials to make decisions about local matters such as public safety, the regulation of local signage and the role of city government. Let me explain our reasons for opposing this bill in more detail. First, this bill imperils public safety. It places a mandate on cities and towns that they must allow certain types and numbers of temporary, hand-held, commercial advertising signs on public land and rights-of way. We find that these hand-held moving sign carriers (or "sign-walkers" as they are known) pose a great danger to motorists and others. The sign-walkers sole purpose is to distract drivers to force them to notice the messaging on their signs! A website operated by the bill's main proponent even states that it is his intent "to turn every intersection into a huge sale tag." Second, this bill imposes fee structures for sign permits, preempting existing local ordinances and imposing new rules and fees, even in communities which currently don't have them. Under this bill a new layer of government has been created with new fees on businesses. It makes no distinction between commercial sign-walkers and non-profit or charitable temporary sign-wavers. Thus, other groups such as Little Leaguers, churches and youth groups who hold fund-raising car washes and the like will now be required to obtain a permit and pay a fee--courtesy of a new state law. Third, there is no compelling state interest in a piece of legislation such as this. This is legislation by exception. By voiding all ordinances currently in place related to temporary signs the legislature is undermining municipalities' self- determination and subverting the will of residents of cities and towns. Because a few cities do not allow these types of signs the legislature is imposing a one size fits all approach on all 90 cities and towns. Incredibly, this bill even dictates what cities and towns must do with these collected fees. designating a fund for trash cleanup and the planting of flora, a preposterous level of micro-management and state interference with local matters. Finally, through our own research and in working with members of the Legislature, we have not seen how this bill would affect organized labor in any way. They are already protected by federal law and the Constitution. For the reasons stated above, I respectfully request of a veto of House Bill 2369. Thank you for your consideration and please do not hesitate to contact me if you have any questions. Very Truly Yours, Ken Strobeck Executive Director League of Arizona Cities and Towns '-".I. \...1. '-' v t\l'lU ..1-'-' Y Y .I..I.v FACT SHEET SB 1544 - municipal planning; fee disclosure Back2round This bill requires cities and towns to dedicate their additional construction sales tax revenue to benefit only new development if the municipality collects a higher construction sales tax than their average sales tax rate. Mandates like this affect Arizona's small and fastest growing communities the most. Kev Points The following points represent our key reasons for opposing this bill: This bill is unprecedented in its scope-allowing special interest groups to dictate that city tax revenues be used to specifically benefit their members. For many smaller towns, sales taxes comprise the main sources of revenue to fund the most important services, including public safety, transportation and other basic essentials, such as trash pickup. Many communities have a hi~her construction sales tax dedicate at least a portion of their construction sales tax revenue to capital Improvements and infrastructure throughout the city, not just for new development. This bill prohibits that, requiring instead that the revenue only benefit a portion of the industry that pays it. Relating the use of this tax to the Infrastructure Improvements Plan (lIP) is problematic for many reasons: o The lIP does not yet exist as it is created in Senate Bill 1423. This means that no municipality has such a document and there will likely be a gap between when this bill becomes effective and when an lIP is adopted- how do you spend the money in the meantime? o The lIP only references new infrastructure, so these monies could not be used to repair existing roads worn down by additional growth. o According to SB1423, the lIP could be your Capital Improvements Plan (CIP). This limits the revenue to use on large capital projects and does not allow for smaller capital expenses like police cars. o Only cities and towns that charge development fees will be required to have an IIP- what if your community charges a higher construction sales tax rather than development fees? Determining how local tax funds are best spent in a community is the responsibility of the locally elected officials; their authority should not be preempted at the state level and turned over to unelected special interests. Arizona's cities and towns OPPOSE the proposed strike-everything amendment to SB 1544! The League of Cities and Towns respectfully requests your opposition to SB1544. League of Arizona Cities AND Towns IN THIS ISSUE Budget Bills Readied..... ...... 1 Vetoed, Not "Signed". ........ ...1 Construction Sales Tax Bill Held From House Vote..........2 Amendment Address Concerns With The Defensive Driving Schools... ....................... ..2 Weapons Storage Bill May Be Back ......... ........ .............2 Liquor Bill Concerns Alleviated........................ ..2 Sex Offender Residency Restrictions-A League Resolution... ......... ........ ......3 Impact Fee Bill Is On The Governor's Desk......... ..... ....3 Immigration Bills............... ..3 Centennial Kick-Off.............3 The Weekly Spotlight......... ...4 Legislative Bulletin is published by the League of Arizona Cities and Towns. Forward your conunents or suggestions to: League of Arizona Cities & Towns 1820 West Washington Street Phoenix, Arizona 85007 Phone: 602-258-5786 Fax: 602-253-3874 Email: league@azleague.org Internet: www.azleague.org Issue 16, April 20, 2007 BUDGET BILLS READIED The Legislature passed its looth day mark on April 1 ih. As May approaches, the legislative session enters that awkward phase where on the surface not much is happening but behind the scenes, there is a flurry of activity. Standing committees ended several weeks ago so there are not any new bills or concepts being produced. Floor sessions are sporadic; some days they post many calendars to move bills through and some days very little takes place. They have extended the deadlines for conference committees but few bills have gone to conference so far. Now is the time that the state budget should be worked out but both houses have been very secretive about when a budget will be released and what it will contain. The House Rules Committee met briefly on Thursday to give permission for the late introduction of 20 budget bills. Our sources indicate that the bills are not quite ready yet, but will likely be formally introduced early next week. Once we have more information about both the House and Senate budgets we will pass it along. It is our anticipation that an agreement on the budget could take some time; even the most optimistic rumors are guessing the end of session is still several weeks away. VETOED. NOT "SIGNED" Governor Napolitano vetoed House Bill 2369, the temporary signage bill on Monday, April 16th. In her veto letter she cited safety concerns and local control, the same issues we were espousing as the bill's main problem areas. Please take the time to thank the Governor for standing up for municipalities' self-determination and the safety of its citizens. CONSTRUCTION SALES TAX BILL HELD FROM HOUSE VOTE Senate Bill 1544 passed un-amended out of the House Committee of the Whole early this week despite rumors of many possible amendments to the bill. It was immediately scheduled for a full vote of the House for the next day but was skipped on that calendar. It is very likely that the Representatives are hearing from the many cities and towns that are affected by this bill, as well as those that are not directly impacted but realize the terrible precedent set by this bill. Please keep up the pressure and continue to ask your legislators to oppose this attack on local sales taxes by a special interest group. AMENDMENT ADDRESSES CONCERNS WITH THE DEFENSIVE DRIVING SCHOOL BILL House Bill 2001 was amended on the Senate floor by Senator Robert Blendu to address the courts' administrative concerns with this bill. With the amendment, the bill now requires all courts to accept course completions from any state-certified defensive driving school, not just those from the schools they contract with. Many municipal courts have one or more primary providers that work closely with them to ensure information is transmitted in an easily to process manner. The bill still allows a court to have a primary provider but specifies that once the current contract expires, any school can provide service in that jurisdiction. This bill is now waiting for a vote of the full Senate and then must go back to the House for a final vote before being sent to the Governor. WEAPONS STORAGE BILL MAY BE BACK Senate Bill 1251, which increases last year's law restricting gun control, has been withdrawn from the House Judiciary Committee and is now able to move to the House floor. Last year's bill requires a public facility that prohibits weapons to have a 'safe and secure' place to store those weapons. This bill places the additional requirement that the storage must be individual, numbered lock boxes that allow the owner of the weapon to keep the key. In addition, the storage must be within 200 feet of the main entrance of the building. Meeting these requirements may have a large fiscal impact on many communities that just spent money implementing last year's requirements. The law enforcement community also sees this bill as a public safety concern and has been opposing it as well. LIQUOR BILL CONCERNS ALLEVIATED After numerous meetings and negotiations with stakeholders and the Department of Liquor Licenses and Control (DLLC), consensus was reached to take care of our remaining concerns on House Bill 2391, the liquor omnibus bill. Our two remaining issues were: . Prohibiting those who surrender their restaurant licenses due to inadequate food sales from obtaining another restaurant license in that same location for twelve months; and . Requiring bars and clubs to use reasonable care when examining a patron's ID and properly recording the information on the ID before giving the bar owner a "safe arbor" from a ticket for a violation. 2 April 20, 2007 Liquor BiD Concerns Alleviated Contd. Both of those concerns were addressed in a Senate floor amendment brought by Senator Barbara Leff. It is our understanding that the bill's sponsor, Representative Rich Crandall will concur with the amendments and not ask for a conference committee. Because the amendments alleviated our concerns, we will switch our position on the bill from oppose to NEUTRAL. SEX OFFENDER RESIDENCY RESTRICTIONS-A LEAGUE RESOLUTION Senate BiD 1555, residency restriction, passed through its conference committee Wednesday. As mentioned in a previous issue, conference committees are set up to resolve differences after bills have gone through each body of the legislature. In this conference committee the issue resolved was the distance requirement for sex offenders to keep between their residences and schools and child care facilities. The original Senate version had that distance at 1500 feet; the House amended that to 700 feet. In the conference committee it was amended to a compromise of 1000 feet. With this agreement the bill will go back to each house for a "final read" and if both houses pass it the bill will go to the Governor. IMP ACT FEES BILL IS ON THE GOVERNOR'S DESK The hard work of the League and many cities and towns has paid off, as Senate BiD 1423 is on the Governor's desk and awaiting her action. Created by cities and towns, this bill addresses Governor Napolitano's concerns from last year's veto letter of House Bill 2381. She requested that we create consensus legislation that increased the transparency of the impact fees process while maintaining local control. We believe this bill does just that and are now awaiting her action. Once that takes place, we will be sending you all updated information on what is necessary to comply with the new law and how it will impact those communities already in the process of amending their fees. IMMIGRATION BILLS House BiD 2467, the licensing eligibility bill that would require units of government to verify the legal status of license applicants, has not moved in the Senate since April 9th. We will continue to keep an eye out for any activity. House BiD 2779, the fair and legal employment act also has not had any movement recently. This bill requires employers to verify the legal status of its employees. We will keep you informed if there are any developments on this bill as well. CENTENNIAL KICK-OFF The League was a major player in putting together a very successful Centennial Kick- Off event at the National Guard Headquarters in Phoenix. Approximately 200 elected officials-mayors, council members, county supervisors, tribal leaders and legislators-attended. The League worked closely with the Speaker of the House and the President of the Senate in sponsoring this once III a lifetime opportunity. Officials heard from top state officials on the importance of getting behind centennial projects. Last year the Legislature appropriated $2.5 million dollars to be used in a matching program to create legacy projects, where each community could design and create their own tribute to Arizona's centennial. More information on these projects is available on the Arizona 3 April 20, 2007 Centennial Kickoff Contd. Centennial web site at www.azcentennial.gov, or contact Dale Wiebusch at the League, 602-258-5786, d wiebusch(a)azlea gue. org. THE WEEKLY SPOTLIGHT- REPRESENTATIVE PETE HERSHBERGER Representative Hershberger, Legislative District 26, served his first term in the Arizona House of Representatives in 2001-2002, becoming the first person in the history of the State of Arizona to follow both of his parents into the same seat. With redistricting, District 12 became District 26, essentially the same district in which a Hershberger has served in the House for four decades. Utilizing his extensive experience in education, business, juvenile justice and child welfare he has become a leader and a common sense voice in the House of Representatives. Representative Hershberger has pledged to work with both Republicans and Democrats alike to solve the very real problems faced by the State of Arizona. Representative Hershberger grew up in northwest Tucson. He attended Harelson Elementary the first year it opened in 1960 and began his political career at age 15 in 1964 campaigning for Barry Goldwater for President. He graduated from Amphitheater High School in 1967, earned his Bachelor of Arts from Colorado College in 1971 and a Master of Education from the University of Arizona in Counseling and Guidance in 1977. Representative Hershberger worked for the Arizona Department of Corrections with juveniles from 1972 to 1977 and was co- founder and co-owner of New Columbus, Inc. from 1977-99, working with delinquent and abused children and their families. He is currently an administrator for Open Inn, Inc., a non-profit service organization in Tucson working with youth and their families. Representative Hershberger has over twenty-five years of experience in contracting, budgeting and provision of service to state agencies, including the Department of Economic Security, Administrative Office of the Courts, Department of Juvenile Corrections and Department of Health Services. Currently Representative Hershberger is Chairman of the Human Services committee. He is also a member of the Commerce & Military Affairs Committee and the Federal Mandates and Property Rights Committee. He is Co-Chairman of the Children's Caucus, Co-Chair of the Adoption and Foster Care System, Co-Chair of the Ad Hoc Committee on Child Protective Services and Related Child Welfare Issues and Co-Chair of the Child Support Enforcement Subcommittee. In February 2002 Representative Hershberger's efforts and leadership in children's issues was recognized through his appointment to the new Children's Policy Initiative Advisory Board. The Children's Policy Initiative was established by the National Conference of State Legislatures to assist states in developing effective children's policy, in addition to working with the federal government to advise and help shape federal policy and spending. He is one of only twelve legislators nationwide to receive this appointment. 1. How do you see local government impacting people's lives? Local government is the government that is closest to the people and the most responsive to the people. Because it is more responsive it is more relevant and can respond to the citizen's needs more quickly and more directly with less bureaucratic 4 April 20, 2007 levels. Local elected officials are accountable to the citizens and local government officials are accountable to the people through the elected officials. I have consistently come down on the side of local control in my votes in the Legislature. There must be a compelling statewide interest in order for me to support a statewide pre-emption of local control. This is a high bar as it ought to be. 2. What is one issue you see as particularly important to local government this session? 3. Tell us something about your family and friends. I grew up in a political family. My mother, Freddy, ran Senator Goldwater's office in Tucson for 18 years. My father, Pete, served in the House of Representatives in the 70's and 80's and my mother served in the House of Representatives in the 90's. Quite a proud family history for me. 4. What's afavorite vacation spot? The White Mountains of Arizona. The threat of the state changing the revenue 5. And a favorite hobby. sharing formula, I believe, remains the most important issue for local government year Photography. after year. The potential damage to local government is so dramatic that it remains a Thank you for your time. top focus even if there are no current proposals directly in front of the legislature You're very welcome. at this time. 5 April 20, 2007