HomeMy WebLinkAbout07/17/2007 Council Agenda Packet4 ,OWN 0,
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COUNCIL MEETING NOTICE AND AGENDA
Council Chambers
11555 W. Civic Center Drive, Marana, Arizona 85653
July 17, 2007, at or after 7:00 p.m.
Ed Honea, Mayor
Herb Kai, Vice Mayor
Council Members
Russell Clanagan
Patti Comerford
Tim Escobedo
Carol McGorray
Roxanne Ziegler
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 OTHER-S, PLEASE TURN OFF QR- 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 Council or not, are expected to
observe the Council Rules, as well as the rules of politeness, propriety, decorum and good conduct. Any
person interfering with the meeting in any way, or acting rudely or loudly will be removed from the
meeting and will not be allowed to return.
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.iiiarana.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 July 16, 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.
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COUNCIL MEETING NOTICE AND AGENDA
Council Chambers
11555 W. Civic Center Drive, Marana, Arizona 85653
July 17, 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 staff to review the
matter, or may ask that the matter be placed on a future agenda.
E. PRESENTATIONS
1. Presentation/Update for the 2007 General Plan Process with a discussion of
Future Land Use (Kevin Kish)
2. Presentation on Marana Citizen Request Tracker (CRT) System (Josh
Wright)
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
1. 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
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COUNCIL MEETING NOTICE AND AGENDA
Council Chambers
11555 W. Civic Center Drive, Marana, Arizona 85653
July 17, 2007, at or after 7:00 p.m.
the Consent agenda, and that issue will be discussed and voted upon separately, immediately
following the Consent agenda.
1. Resolution No. 1007-126: Relating to Liquor Licenses; approval and
recommendation to the State Liquor Board for a new license for a No. 10
(Beer and Wine Store) liquor license submitted by Robert Mahlsted on
behalf of Catalina Mart #28, located at 12030 N. Dove Mountain Boulevard
(Jocelyn Bronson)
2. Resolution No. 2007-127: Relating to Information Technology; approving
and authorizing an intergovernmental agreement between the Town of
Marana and Pima County to share data network infrastructure (Anthony
Casella).
3. Minutes of the June 5, 2007 and June 19, 2007 regular meetings and June 12,
2007 special meeting.
J. COUNCIL ACTION
K. BOARDS, COMMISSIONS AND COMMITTEES
1. Resolution No. 2007-128: Relating to Boards, Commissions and Committees;
approving appointments to the Planning & Zoning Commission, Business
and Economic Development Citizen Advisory Commission and the Board of
Adjustment (Jocelyn Bronson)
L. ITEMS FOR DISCUSSION/POSSIBLE ACTION
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)
0. ADJOURNMENT
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TOWN COUNCIL
MEETING TOWN OF MARANA 7
MARANA 7
INFORMATION
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MEETING DATE: July 17, 2007 AGENDAITEM: E. I
TO: MAYOR AND COUNCIL
FROM: Kevin Kish, AICP, Planning Director
SUBJECT: Presentation/Update for the 2007 General Plan Process with a
discussion of Future Land Use.
DISCUSSION
This presentation will include discussion of a preliminary Future Land Use Plan for the 2007
General Plan, and also provide an update and summary of the planning work underway.
Future Land Use
Staff has completed a preliminary Future Land Use Plan to consider changes in land uses to the
2003 Land Use Plan. General areas of the Town are summarized as follows:
• East of I- 10
Areas in the northeast are revised to reflect specific plans' approved since 2003
(Villages at Tortolita, Cascada, etc.). There are also minor changes in some
commercial and residential areas.
• South and Southwest
Areas in the southernmost parts of the Town are basically unchanged with the
exception of lowering the residential densities north of Ina Road (either side of Wade
Road) from LDR to RDR to more accurately reflect existing development.
Areas around the airport have been updated to match proposals for airport expansion
and compatible uses within the airport influence area, and compatibility with State
Lands concept plans. Residential densities in the southwest areas are shown as RDR
due to the lack of available services. As infrastructure is built, these densities may be
reconsidered if higher density residential growth can be served.
• Northwest/Pinal County
These areas have also been revised to reflect specific plans approvals (Gladden Farms
11, Sanders Grove, Barrios de Marana, etc.). The Downtown Area has been
designated a Special Planning Area and will have more detail in a separate section of
the General Plan. Commercial uses (office, employment and retail) are added in the
area of the I- 10 interchange at the Villages at Tortolita.
At this point, land uses in Pinal County are as shown in the Pinal County
Comprehensive Plan. That plan is being updated (to be completed in 2008) and State
Lands will be preparing an updated land use concept plan for this area by September
or October of this year.
071707 General Plan Update Status and Land Use Review TC.doc
Project Status
Town staff is continuing work on updating the General Plan. Recent work has focused on
updating the mapping for existing land use, future land use, the overall plan for circulation, and
continuing work in these areas:
General Plan Elements
Updating the text for the draft of these plan elements:
- Land Use
- Circulation
- Environment
- Recreation and Open Space
- Economic Development
- Housing
Other plan elements and chapters to be updated include Public Facilities and
Buildings, Growth Areas, Existing Conditions, and Implementation. In addition,
recent state legislation requires that an Energy Element be prepared for this update.
Public Outreach
Focus groups have been formed and the first meetings are being scheduled for late
July for these groups:
- Mining
-Agriculture/Ranching
- Development
- Home Builders
- Chamber of Commerce
- Utilities
Several meetings have also been held with the Habitat Conservation Plan
Technical Advisory Committee, Economic and Business Development
Commission, the Affordable Housing Commission, and the Parks and Recreation
Commission. Information has been sent to all HOA's for publication in their
newsletters, and open houses for the general public will be held later this summer.
The General Plan website is active with information and a comment box for direct
feedback to Town staff.
RECOMMENDATION
This item is for information and direction only.
SUGGESTED MOTION
No action required.
071707 General Plan Update Status and Future Land Use Review TC
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TOWN COUNCIL
MEETING TOWN OF MARANA 91MARANA 7
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INFORMATION
MEETING DATE: July 17, 2007 AGENDAITEM: E. 2
TO: MAYOR AND COUNCIL
FROM: Joshua H. Wright, Assistant to the Town Manager
SUBJECT: Presentation on Marana Citizen Request Tracker (CRT) System
DISCUSSION
As the Town of Marana continues to grow in population, maintaining open channels of
communication with citizens becomes an increasingly complex mandate. Similarly, maintaining
the same level and quality of responsiveness to citizens among departments is a challenge due to
a growing number of Town employees and projects, many of which require a significant
investment of time.
To address these potential problems and continue to deliver a superior level of service to
residents, in late 2006 town management began exploring the possibility of introducing a new
website module which could accept citizen questions and requests for service and organize them
to produce statistical reports. Management further identified the need to centralize the request
tracking function in the Town Manager's Office to ensure consistency of response regardless of
the department(s) involved. A small committee was formed to explore options for request
tracking modules on the Town's new website and develop a plan for implementation in early
2007. The process was expedited by the fact that, shortly after the formation of the committee,
the Information Technology (IT) department received news that it had become eligible to receive
a free request tracking software module from the Town's new website provider, CivicPlus.
The Marana Citizen Request Tracker (CRT) was launched on www.marana.com in February
2007. It is managed by Josh Wright, Assistant to the Town Manager, with assistance as needed
from Garrett Culver, Management Intem, and various department staff. The system utilizes
forms, created specifically by Town staff, to provide citizens with a way to log requests or
questions. These forms are then transmitted via email to a single individual, who can then solicit
appropriate comment from departments and issue a response via email, phone, or regular mail
(depending on the citizen's preference as indicated on the form). At present, forms available to
citizens include those for reporting various code violations, requests for street repair or park
cleanup, a customer service praise / complaint form, a miscellaneous fort-n, and a website
satisfaction survey.
Through June 2007, the Marana CRT received 34 requests from citizens with an average time
needed to completely close the request of approximately 3.9 days.
CRT
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TOWN COUNCIL
TOWN OF MARANA Q'iNnA
MEETING 7
INFORMATION
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MEETING DATE: July 17, 2007 AGENDA ITEM: 1. 1
TO: MAYOR AND COUNCIL
FROM: Jocelyn C. Bronson, Town Clerk
AGENDA TITLE: Resolution No. 2007-126: Relating to Liquor Licenses; approval
and recommendation to the State Liquor Board for a new license
for a No. 10 (Beer and Wine Store) liquor license submitted by
Robert Mahlstede on behalf of Catalina Mart #28, located at
12030 N. Dove Mountain Boulevard
DISCUSSION
Robert Mahlstede, on behalf of Catalina Mart #28, is applying for a new license for a No. 10
(Beer and Wine Store) liquor license for premises located at 12030 N. Dove Mountain
Boulevard.
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-location 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 to the state liquor board for this liquor license.
SUGGESTED MOTION
I move to approve Resolution No. 2007-126.
-2-
MARANA RESOLUTION NO. 2007-126
RELATING TO LIQUOR LICENSES; APPROVAL AND RECOMMENDATION TO
THE STATE LIQUOR BOARD FOR A NEW LICENSE FOR A NO. 10 (BEER AND
WINE STORE) LIQUOR LICENSE SUBMITTED BY ROBERT MAHLSTEDE ON
BEHALF OF CATALINA MART #28, LOCATED AT 12030 N. DOVE MOUNTAIN
BOULEVARD.
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, Robert Mahlstede has applied for a new license for a No. 10 (Beer
and Wine Store) liquor license on behalf of Catalina Mart #28, for premises located at
12030 N. Dove Mountain Boulevard; and
WHEREAS, Town staff filed one copy of the application in the office of the
Town Clerk, and posted the other on the front of the premises at 12030 N. Dove
Mountain Boulevard 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 July 17, 2007, and has determined that
it is in the best interests of the Town and its citizens that the application for a new liquor
license for Catalina Mart #28, filed by Robert Mahlstede for premises located at 12030 N.
Dove Mountain Boulevard, 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
license for a No. 10 (Beer and Wine Store) liquor license filed on behalf of Catalina Mart
#28, by Robert Mahlstede for premises located at 12030 N. Dove Mountain Boulevard.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 17th day of July, 2007.
ATTEST:
Jocelyn C. Bronson, Town Clerk
Mayor Ed Honea
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
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TOWN COUNCIL
TOWN OF MARANA I ? QF- A'?N
MEETING
INFORMATION 4RjZ0%0,
MEETING DATE: July 17, 2007 AGENDAITEM: 1.2
TO: MAYOR AND COUNCIL
FROM: Anthony Casella, Inforination Technology Director
SUBJECT: Resolution No. 2007-127: Relating to Information Technology;
approving and authorizing an intergovernmental agreement
between the Town of Marana and Pima County to share data
network infrastructure.
DISCUSSION
The Town of Marana and Pima County Information Technology departments have been
developing a mechanism in the form of an intergovernmental agreement whereby they can share
network infrastructure when and where possible. This will eliminate parallel links to various
locations that can potentially interfere with each agency's system. This will also enhance
discussion for connecting the Marana Police Department to the Pima County Sheriff s Office for
CAD/RMS (computer aided dispatch and records management system) connectivity.
ATTACHMENTS
Intergovernmental agreement.
RECOMMENDATION
Staff recommends Council approval of the intergovernmental agreement.
SUGGESTED MOTION
I move to approve Resolution No. 2007-127.
MaranalPima County IGA re IT
MARANA RESOLUTION NO. 2007-127
RELATING TO INFORMATION TEHCNOLOGY; APPROVING AND AUTHORIZING THE
INTERGOVERNMENTAL AGREEMENT BETWEEN PIMA COUNTY AND THE TOWN OF
MARANA TO SHARE DATA NETWORK INFRASTRUCTURE.
WHEREAS, pursuant to Title XI, Chapter 7, Article 3, A.R.S., the Town of Marana and
Pima County may enter into intergovernmental agreements; and
WHEREAS, the Town of Marana maintains and operates a data network which serves the
Town's governmental facilities as well as those of other public entities; and
WHEREAS, Pima County maintains and operates a data network which serves the County's
governmental facilities as well as those of other public entities; and
WHEREAS, The Town of Marana and Pima County agree that it is in the best interests of
both parties to share their data network resources; and
WHEREAS, the Mayor and Council of the Town of Marana feel it is in the best interests of
both Pima County and the Town of Marana to enter into this intergovernmental agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, that the intergovernmental agreement between the Town of Marana and
Pima County attached to and incorporated by this reference in this resolution as Exhibit A is hereby
approved, and the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana.
IT IS FURTHER RESOLVED that the Town's Manager and staff are hereby directed and au-
thorized to undertake all other and further tasks required or beneficial to carry out the terms, obliga-
tions, and objectives of the intergovernmental agreement.
PASSED and ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this
17th day of July, 2007.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
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INTERGOVERNMENTAL AGREEMENT BETWEEN
THE TOWN OF MARANA AND PIMA COUNTY
REGARDING THE INTER-CONNECTION OF DATA NETWORKS
This Intergovernmental Agreement is entered into pursuant to Title XI, Chapter 7,
Article 3, A.R.S., by and between the Town of Marana, a municipal corporation, and
Pima County, a body politic and corporate of the State of Arizona (hereinafter referred
to as "the County").
RECITALS
A. The Town of Marana maintains and operates a data network ("the Town of
Marana Network"), which serves the Town of Marana's governmental facilities, as well
as those of other public entities;
B. The County maintains and operates a data network ("the County
Network"), which serves the County governmental facilities, as well as those of other
public entities;
C. The Town of Marana and the County agree that it is in the best interests of
both parties to share their data-network resources;
D. The Town of Marana and the County may contract for services and enter
into agreements with one another for joint or cooperative action pursuant to A.R.S.
sections 11-951, etseq.
AGREEMENT
NOW, THEREFORE, the Town of Marana and the County, pursuant to the
above, and in consideration of the matters and things hereinafter set forth, agree as
follows:
SECTION 1. PURPOSE AND SCOPE: In order to accomplish the mutually
beneficial data-network sharing arrangement, the parties enter into this Agreement; the
exhibits to which are subject to periodic amendment by the parties to reflect the current
state of each party's network facilities. No party to this Agreement has any right of use
to the other party's infrastructure or equipment, except as specified in the exhibits to this
Agreement, as amended from time to time through site-specific supplemental
agreements in the form of EXHIBIT A to this Agreement. Existing inter-connections
between the parties' data networks are "grandfathered" and ratified as part of this
Agreement. Each site-specific supplemental agreement will be approved or
disapproved on a case-by-case basis. This Agreement shall not obligate either party to
allow the use of any of its infrastructure except upon execution of a site-specific
supplemental agreement by both parties. Upon execution of a site-specific
supplemental agreement, the owner of the infrastructure ("the owner party") shall grant
the other party ("the user party") permission to use the infrastructure described in that
site-specific supplemental agreement. Each site-specific supplemental agreement shall
incorporate, and shall be consistent with, the terms and conditions of this Agreement. If
the infrastructure is leased by either party, then the site-specific supplemental
agreement shall be subject and subordinate to all terms of the lease. Neither this
Agreement nor any site-specific supplemental agreement shall grant the user party any
legal or beneficial right, title, or interest in any shared infrastructure. The Chief
Information Officer of each party is authorized and directed to execute and terminate
site-specific supplemental agreements.
SECTION 2. TERM: This Agreement shall become effective when filed with the
County Recorder. Thereafter, this Agreement shall remain in effect until all site-specific
supplemental agreements are terminated pursuant to Section 12, below, or for twenty
(20) years, whichever is sooner.
SECTION 3. DATA ACCESS: The parties agree to access or attempt to access
only such data and systems for which authorization has been given hereunder.
SECTION 4. BASE MAPS: Each party shall provide to the other party a base
map indicating the current location of its network.
SECTION 5. PAYMENT FOR UPGRADES: Any agreement by a party to share
or reimburse a portion of network upgrade or new construction costs for the other party
shall be negotiated and included as part of a site-specific supplemental agreement.
SECTION 6. MAINTENANCEIOPERATION: Operational responsibility,
problem-determination and -correction, and system maintenance shall be the
responsibility of the owner party.
SECTION 7. DATA SECURITY: The parties assume no responsibility for the
loss or theft of any information transmitted over the shared network.
SECTION 8. SUB-AGREEMENTS PROHIBITED: No party shall provide any
third party with access to, re-sell, or lease any network connections or services entered
into as part of this or any site-specific supplemental agreement without the express
written consent of the owner party.
SECTION 9. COMPLIANCE WITH LAW: The parties shall comply with all
applicable state, local, and federal laws, including laws governing technology and
software.
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SECTION 10. PAYMENT & BILLING: Payments for incremental services
rendered will be detailed in the site-specific supplemental agreements. Each party will
render payments within thirty (30) days of a request for payment from the other party.
There shall be no charges for operational costs.
SECTION 11. PAYMENT DISPUTES: In the event of a dispute that cannot be
resolved by comparison and reconciliation of cost records or through other negotiations,
the parties shall resort to non-binding arbitration prior to the institution of legal action.
SECTION 12. TERMINATION: At any time, either party may give a written
notice to terminate any site-specific supplemental agreement and begin the following
site-specific termination process: Due to the nature of the services provided and the
time that will be required to build or procure an alternative system by either party, the
parties will agree upon a future date on which the services delineated in the subject site-
specific supplemental agreement will be terminated, which date normally shall be not
later than eighteen months from the time the notice to terminate was received, unless
both parties agree to a longer period. During this period and until the actual termination
date, the user party shall continue to pay, if applicable, any monthly fees as set forth in
the subject site-specific supplemental agreements. All fees are non-refundable except
as otherwise expressly stated herein.
SECTION 13. INDEMNIFICATION & INSURANCE: Each party shall indemnify,
defend, and hold the other party harmless against, and be solely responsible for, its own
negligence or omissions by reason of its acts or operations under this Agreement.
Each party shall maintain for the duration of this Agreement policies of public
liability insurance covering all of their operations undertaken in implementation of this
Agreement, providing bodily-injury limits of not less than One Million Dollars
($1,000,000) for any one person, or not less than Five Million Dollars ($5,000,000) for
any one occurrence, and property-damage limits of not less than One Million Dollars
($1,000,000). The parties may fulfill the insurance obligations of this section by
programs of self-insurance providing equivalent coverage.
SECTION 14. UNCONTROLLABLE FORCE: No party shall be considered to
be in default in the performance of its obligations hereunder or under a site-specific
supplemental agreement when failure of performance shall be due to an Uncontrollable
Force. The term "Uncontrollable Force" shall mean any cause beyond the control of the
party affected, including but not limited to failure of or threat of failure of facilities, flood,
radioactive contamination, earthquake, storm, volcanic eruption, geohydrologic
subsidence, fire, lightning, epidemic, sabotage, subversion, change in applicable laws
or regulations, restraint by court order or public authority, and action or non-action by, or
inability to obtain the necessary authorizations or approvals from, any governmental
agency or authority, which by exercise of due diligence it shall be unable to overcome.
Nothing contained herein shall be construed so as to require a party to settle any strike
or labor dispute in which it may be involved.
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SECTION 15. LEGAL JURISDICTION: Nothing in this Agreement shall be
construed as either limiting or expanding the legal jurisdiction of either the Town of
Marana or the County.
SECTION 16. MISCELLANEOUS:
A. Americans with Disabilities Act Compliance. Each party shall comply with
all applicable provisions of the Americans -with Disabilities Act (Public Law
101-336, 42 U.S.C. sections 12101-12213) and all applicable federal
regulations under the Act, including 28 CFR Parts 35 and 36.
B. Conflict of Interest. This Agreement is subject to cancellation for conflicts
of interest pursuant to A.R.S. section 38-511, the pertinent provisions of
which are incorporated into this Agreement by reference.
C. Non-Appropriation. Notwithstanding any other provision in this
Agreement, this Agreement may be terminated if for any reason there are
not sufficient appropriated and available monies for the purpose of
maintaining a party's obligations under this Agreement.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement this
day of , 200_.
PIMA COUNTY
A body politic and corporate
of the State of Arizona
By:
Chair, Board of Supervisors
Date:
ATTEST:
Clerk of the Board of Supervisors
TOWN OF MARANA
A municipal corporation
By:
Mayor
Date:
ATTEST:
Town Clerk of Marana
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Pursuant to A.R.S. section 11 -952(D), the attorneys for the governmental entities that
are the parties to this Agreement have, this day of , 200_,
determined the f going is in proper form and is within the powers and authority of the
parties as %dWd u?nder the laws of the State of Arizona.
Dep6t)rCounty Attorney
Date:
Assistant Town Attorney
Date:
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EXHIBIT A
Site-Specific Supplemental Agreement
This Site-Specific Supplemental Agreement is made by and between Pima County,
Arizona, a political subdivision of the State of Arizona ("County"), and the Town of
Marana, a municipal corporation, referred to collectively as "Parties", pursuant to the
Intergovernmental Agreement entered into by the parties and dated
Terms and Conditions of use: The parties agree to the following:
[INSERT ANY SPECIAL CONDITIONS]
Required Information:
Site Name:
Address:
Network Connection or Service:
If Connection:
Infrastructure is owned and managed by:
Equipment is owned and managed by:
If Service:
Description of service provided:
Costs of service or connection (if no cost, but a reciprocal site or service is exchanged
for site, list the site name or service):
Contacts for notifications and problems:
Site contact:
Party Contact:
Additional Information:
Phone:
Phone:
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Pima County
Chief Information Officer
Town of Marana
Chief Information Officer
Date: Date:
MINUTES OF REGULAR COUNCIL MEETING
MARANA MUNICIPAL COMPLEX
DATE: June 5, 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 Mayor Present
Herb Kai Vice Mayor Present
Russell Clanagan Council Member Present
Patti Comerford Council Member Present
Tim Escobedo Council Member Present
Carol McGorray Council Member Present
Roxanne Ziegler Council Member Present
STAFF
Mike Reuwsaat Town Manager Present
Gilbert Davidson Deputy Town Manager Present
Jim DeGrood Assistant Town Manager Present
Frank Cassidy Town Attorney Present
Jocelyn Bronson Town Clerk Present
B. PLEDGE OF ALLEGIANCE AND INVOCATION/MOMENT OF SILENCE
Led by Mayor Honea. Council Member Comerford asked to recognize a town employee's
son that passed away and Council Member Escobedo's aunt that passed away.
C. APPROVAL OF AGENDA
Upon motion by Council Member Ziegler, seconded by Council Member Clanagan, item L-2
was removed and item J-6 was nioved to the first item on Council Action was unanimously
approved.
D. CALL TO THE PUBLIC
David Morales addressed Council and asked if there was group think on the Council and
expressed his opinion oii this issue. He mentioned Terry Goddard and the opening meeting
law.
E. PRESENTATIONS
F. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS
Council Member Comerford made an announcement that her son is with the American
Legion at NAU and is participating in the government.
Council Member Clanagan stated there have been acts of vandalism directed at the
swimming pools at Continental Ranch particularly over Memorial Day weekend and asked
about the results of the complaints.
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Mr. Cassidy stated at the time of Council reports it is an opportunity for each Council
Member to make a report of what they have been doing. He stated this might be an agenda
item or ask outside and when the infonnation is received report back to the Council as to
what it was that was discussed with the department.
Council Member Ziegler stated she has been introducing herself to the police and department
heads.
Mayor Honea stated he went to a fundraiser for Marana Junior Rodeo Association.
G. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS
Mr. Reuwsaat addressed Council and stated he received a press notice from the PGA that the
governor will be here Thursday afternoon to work with the PGA and distribute some of the
funds gathered during the tournament for non-profits. That will be at the El Rio Golf Course.
He stated he will be a presenter at the Tucson Town Hall presentation of issues at the Fox
Theater. He will be handling the water issues and the recommendations that came out of
Tucson Town Hall. They are having a hard time getting all seven members together for the
water study session and the executive session. It is essential to have all members present for
the study session and the executive session that will follow. All department heads will be
making presentations to Council Members Ziegler and Clanagan.
H. STAFF REPORTS
GENERAL ORDER OF BUSINESS
1. CONSENT AGENDA
1. Resolution No. 2007-86: Relating to Municipal Court; approving and
authorizing the Mayor to execute an intergovernmental agreement with
Pima County, the City of Tucson, the Town of Oro Valley, the City of South
Tucson and the Town of Sahuarita for the establishment of a centralized bail
bond acceptance service at the Pima County Adult Detention Center (Jane
Fairall)
2. Resolution No. 2007-87: Relating to Public Works; approving and
authorizing the intergovernmental agreement between Pima County and the
Town of Marana for the cooperative maintenance of certain highways within
the parties' respective jurisdictions (Barbara Johnson)
3. Resolution No. 2007-88: Relating to Community Development; approving
and authorizing execution of an intergovernmental agreement with Pima
County for Community Development Block Grant and HOME Investment
Partnership renewal through June 30, 2010 (T. Van Hook)
4. Resolution No. 2007-89: Relating to the Police Department; approving and
authorizing application for funding from the Governor's Office of Highway
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Safety under the Highway Safety Plan (U.S. Code Title 23, Section 402) for
the Marana Child Safety Program (Richard Vidaurri)
5. Resolution No. 2007-90: Relating to the Police Department; approving and
authorizing execution of a grant agreement with the Governor's Office of
Highway Safety for funding a new motor unit under the Highway Safety
Plan (U.S. Code Title 23, Section 402) (Richard Vidaurri)
6. a. Ordinance No. 2007.14: Relating to Animal Control; amending Title 6 of
the Marana Town Code, Section 6-3-5 regarding dog waste removal; and
declaring an emergency (Jane Fairall)
b. Resolution No. 2007-91: Relating to Animal Control; declaring the
revisions to Town Code Title 6 adopted by Marana Ordinance No. 2007.14 as
a public record filed with the Town Clerk; and declaring an emergency
(Jane Fairall)
7. Minutes of the May 16, 2007 regular meeting.
Upon motion by Vice Mayor Kai, seconded by Council Member McGorray, the
Consent Agenda was unanimously approved.
J. COUNCIL ACTION
6. Resolution No. 2007-83: Relating to Development; approving and
authorizing a preliminary plat for Marana 59. This item was previously
heard on May 16, 2007 and continued to this date (Kevin Kish)
Mr. Kish addressed Council and stated this item was brought to Council on the
May 16"' ineeting and was continued to tonight's meeting. Some of the concerns
at that meeting were the adjacent and on-site drainage and traffic along Hartman
Lane. The Towii staff met with Bret Summers, representative of the Hartman
Vistas subdivision, on May 25 th at the site to discuss the two concerns. There was
a meeting May 3 01h at DeGracia Elementary School with the applicant's
representatives to further discuss it.
Barbara Jobnson addressed Council regarding the drainage and traffic. They have
a letter which will be sent out tomorrow which requests that Pima County clear
out a drainage basin. There does not appear to be any further issues with respect
to drainage from that property. Hartman Lane belongs to Pima County. There was
a study completed that demonstrated that there was no left turn warranted. Once
the Twin Peaks Interchange is in place which shouldn't be about at the same time
that Marana 59 is projected to be built out, the number of left turns should be
reduced to at least half because much of the traffic will be coming in from a
different direction. They looked at the traffic accident data through July 2006
which is the most recent data. There has been a moderate amount of accidents, six
or seven in the last two years. Four of them were at Cara Nicole. Generally, they
look at about five to put in a traffic signal. They recommend the matter be taken
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to Pima County to discuss. They have recommended to the developer and the
representative that they look at the community interest and see if they can't
accommodate some of that.
Douglas Howard, 9051 N. Hartman Lane, addressed Council and stated they own
five acres south of the proposed development. He stated the research he has says
about five times more water comes off of developed property than it does natural
property. It stated this is a major drainage area and it has to have a more
comprehensive plan. His major concern is devaluation in his property. He stated
there are 13 existing and proposed entrances onto Hartman Lane within 6/10 of a
mile. He stated there is not one four-way intersection. He stated the developer
does not have plans for a developed park for children.
Jim Coleman, 5561 W. Cottonmouth St., addressed Council and talked about the
area development and leaving the desert undisturbed. He stated he was concerned
about the drainage behind his property and that there would be erosion. He stated
the traffic study was done in 2006 when Hartman Lane was under construction.
He talked about the new shopping center and 1000 homes and how the traffic will
be impacted. He stated he feels that Hartman Lane will be a main thorough faire
from south and east of Tucson to this area. He stated he has not heard anything
mentioned about the archeological digs and wanted to know the status of that.
Julia Corty, 5421 W. Cottonmouth St., addressed Council and mentioned
comments by staff of several challenges to be looked at in the future, moderate
number of accidents as per the police, we agree that something needs to happen,
and we have made recommendations to the developer. She stated
recommendations to the developer would not be sufficient. She stated a plan for
better accountability for the retaining wall behind the houses on Cottonmouth, and
better dealing with the water issues of water flooding that is coming from Pima
County. She stated last year she was blocked into her home area twice during the
monsoon season because Hartman was completely closed. She stated the problem
would only be exasperated by this development. She stated a better plan with
Pima County needs to be in place. She is asking for the developer to be
responsible to the community. She asked about looking at the issues of
archeological sites and also the character of the land.
Debbie Shepherd, 5571 W. Cottonmouth St., addressed Council and stated she
distributed the petition and is resubmitting it. She stated on the petition there is a
95 percent disagreement with this project. She stated she asked independent
engineers their opinion of this project and they stated there are serious concerns
with the drainage systems. With the way the project is designed the water will go
towards their retaining wall and stated it most certainly will undermine the wall
and cause erosion along Cottonmouth. She stated if the traffic is not Pima
County's problem, it's not the city of Marana's problem then whose problem is it.
It is the people that live there and that is their concern. She mentioned the Indian
artifacts and stated she spoke with the Arizona State Museum and she stated there
has been no report to them about the artifacts.
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Bret Summers, 5448 W. Red Racer Dr., addressed Council and stated he is
representing Hartman Vista neighborhood association as President for Hartman
Vista representing over 353 homes and a thousand residents. He asked why the
issue is before Council when they haven't been given a chance to talk to Pima
County about their concerns with traffic issues. He discussed the traffic study
done in 2006. He stated there are no sidewalks and there is no crosswalk for the
children going to DeGracia and that there will be 11,000 cars a day in the next
three years going down Hartman. He stated that Council works for the citizens of
the town and not for the developers. They are asking that this development not get
approved as planned until the drainage and traffic concerns can be addressed. He
stated he is asking as the President of Hartman Vista neighborhood homeowners
association, as well as a resident that drives these streets everyday and sees what
real traffic looks like in this neighborhood and not what it looks like on paper as
proposed by an engineer, but as somebody who drives there everyday and asks the
project be denied until the traffic issues can be address and new studies
conducted. He stated we have an opportunity to improve this before the
development goes in as apposed to develop it, cause more problems, greater
congestion, more accidents, more problems and concerns for the safety of our
children. He stated this can be changed now and addressed upfront.
Barbara Johnson stated their statistics for all traffic accidents come out of the
State of Arizona and are a compilation of all of the incidents that are reported
through the state reporting system, so that accl dent report doesn't come just from
the police department they come from the State of Arizona and they give us those
statistics.
Mr. Kisli stated an archeological report has been done. He stated we have a staff
archeologist who reviewed it and accepted it. He stated the reference to the State
Historic Preservation Organization, because the design of this project they are
avoiding all 404 issues. There is no nexus that would require them to go to state
agencies. They liave no jurisdiction. There are two sites there. Remediation was
not warranted based on the findings and the recommendations in the report have
burial agreement necessary for it before any site disturbance starts. He stated he
believes there is a requirement for an on-site archeologist during some of the deep
trenching.
Council Member Ziegler asked why we did not bring the County in on the traffic
issues.
Mr. Reuwsaat stated the County reviewed the traffic report and accepted it as part
of this planning process so the County was a part of this approval process. He
stated he was hearing from the residents that since this is in the County do we as
residents have an opportunity to address our concerns with Pima County since the
right of way is in Pima County.
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Council Member Ziegler stated she is very concerned about the comment that
we're doing this only because a council member asked and wanted it looked in to.
Mr. Reuwsaat said he is concerned about the comment. He will be meeting with
the appropriate staff to find out what took place.
Council Member Ziegler stated she is in favor of continuing this until we talk to
Pima County.
Mr. Cassidy stated there may be a misunderstanding about the Town's authority
with respect to subdivision plats. The fact that they are brought to the Council
does not give necessarily the Council the same level of authority to deal with
them and in fact, clearly does not give the Council the same level of authority to
deal with them as with rezoning, discretionary acts. He stated in the context of the
law a comment by a staff member saying that actually for purposes of a
subdivision plat it is the technical findings that trump the will of the Council. That
is a correct statement so it may be an unpopular thing to hear, but for the purposes
of subdivision review it is the technical review that trumps. He suggests two
things before taking action on this plat. He suggests pursuant to the executive
session provision of every agenda which allows executive session on any item on
the agenda that be done and it can be explained there. There has been some
involvement according to the record of Pima County and others and we haven't
heard from the developer to explain what that involvement was. He stated he
thought it would be wise to go into executive session before any action is taken
and talk about the legal aspects.
Council Member Comerford asked to hear from the applicant.
Mark I owner of Homes, addressed Council. He
represents both the buyer and seller in this development as a member of Marana
59. He stated the plat has been through considerable review and they have met
with both Marana and Pima County staff. They have met the requirements of
Pima County and Marana code with regard to the development. There was
considerable discussion with regard to the turn lanes. They are concerned about
the safety of their residents and the satisfaction of their surrounding neighbors. As
part of this development they maintained the site coverage of approximately 30 to
35 percent.
Michael Matthew, Matthew Engineering Corporation, addressed Council and
stated he is the one that prepared the traffic impact analysis report for this
development. He met with Fernando Prol, the Town's traffic engineer and
discussed the project with him. They discussed growth factors that were used with
the traffic projections. The report was submitted to both Marana and Pima County
and both agencies approved the report based on the findings that were presented
in the report. They did a 48 hour volume count on Hartman Lane. They took those
volumes and grew those volumes by five percent. The five percent growth factor
was given to him by Fernando Prol. They applied the growth factors and projected
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the traffic out to 2009 which is the projected build out date for this development.
They then analyzed that intersection where they are going to ingress and egress
the development. They looked at it as an unsignalized. intersection. They added
peak hour numbers into that and also the numbers to Hartman Lane. He stated that
intersection came out to be level of service A or B in both morning and evening
peak hours. Those levels of service are a function of congestion on the road,
available gaps within that roadway. The level of service grading is A being a
condition where there is no delay on the roadways and E being the condition
much like you would see in Los Angeles. They also did the warrant analysis for
the northbound left turn lane into this development. The standards that were told
to be used by Mr. Prol are the current Pima County subdivision development and
street standards. They have documentation from Pinia County noting the same
findings that Mr. Prol had indicated that the northbound left turn lane into this
development is not warranted at this time. The distances between Overton and
Fire Opal create a situation where physically you could not construct a lane in
there and have it function the way it should be. They did the counts mid-week
which is the standard between Tuesday and Thursday.
Lou Catallini, Baker and Associations Engineering, addressed Council. He stated
they are the civil engineers on the project. They put together the plat and layout.
They had a sub-consultant do the hydrology, but he is familiar with it. This area is
designed as a critical basin and what that means is that when once you develop
the site the developed condition runoff has to be at least ten percent less than
what's currently running off the site so they are required to design the project so
that even though the runoff is increased from the development itself its diverted
into detention basins which meter the flow and reduce the runoff by at least ten
percent of what's there. That was accomplished in their design and confirmed by
the drainage report which was reviewed by staff and approved. They are reducing
the total runoff from the site by ten percent. Individual areas on the site are being
reduced more than ten percent, but the whole site is being reduced ten percent.
Vice Mayor Kai asked if lots 1-6 would be draining northwest towards the street
or would they be draining southeast to the wash.
Mr. Catallini stated they would be draining north to the street and then it will run
through the street and dump north into the detention basin and then through the
pipes.
Vice Mayor Kai asked on the back side of lots 1-6 if that would be bank protected
or raised any level at all.
Mr. Catallini stated he didn't know if it would be raised at all. They are not
impacting the flow that comes out of the detention basin that is on the east side of
the street. They are staying outside of the flood prone area from the 100 year
flood from that wash. They are not adding to that flow.
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Mayor Honea asked about the retaining wall on the south side of the Cottonmouth
lots.
Mr. Catallini stated currently those lots are type B lots. In that existing
subdivision, the front half of the lots drains to the street. The rear will drain south.
It was a hilly piece of property so there is a lot of fill in the lower areas so they sit
up pretty high. Some of that water is coming off the back of their lots into a ditch
that takes the wall along the top of the hill and then discharges it over their wall at
some points. That water will then enter the Marana 59 property into a protected
ditch then into our street through the detention basin and out into the major
washes to the west that's all open space. As far as existing flows coming across
Hartman right now they are not going to be changing the nature of that flow at all.
All water will be draining to the southwest. He stated none of it is flowing north.
Council Member McGorray asked if the rip raft was cemented in and what
conditions are below the rocks.
Mr. Catallini stated typically they have two ways of placing rip raft. It is either
dumped or hand placed where you put filter fabric under it or it's grouted where
you put cement concrete down and then put the rocks in the concrete. Right now
they have it grouted. He stated staff requested that they put the rip raft in there to
avoid any erosion. Once it gets deeper than three to one then you are required to
put rip raft down. He stated he thought they were flatter than that. He stated
detention basins in general require inaintenance because they fill up and they lose
the effect they are suppose to have, but they have not had any communication
with Pima County.
Vice Mayor Kai asked what the cost to do a left turn lane would be.
Mr. Matthew stated the distance between Fire Opal and the proposed access point
is 320 feet. Typically there would be a 100 foot of storage. There is going to be a
gap of 50 to 60 feet to get into that and then there is the appropriate tapers based
on the design speed of the roadway. Those tapers most likely would come into
where Fire Opal would be. Any construction on this roadway would have to be to
Pima County standards.
Mr. Sumi-ners stated the study was done during construction on Cortaro and
Hartman Road. He talked about a dedicated center left hand turn lane and stated
throughout Pima County there are areas where there are more artery roadways
coming onto a dedicated center left hand turn lane where there are not problems,
the lane is effective, traffic flows and a way to provide for safer turning.
Ms. Johnson stated it was raised earlier that with the completion of Cortaro that
Hartman would be used more frequently. She stated the answer is no. It is a
current traffic study within our requirements and we have no basis to ask for a
new one.
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Council Member Escobedo asked is this subdivision is required to meet the
standards of the residential design standards.
Mr. Kish stated this will be subject to the residential design standards.
Upon motion by Council Member Escobedo, seconded by Council Member
McGorray, Council voted unanimously to go into executive session.
Mr. Cassidy addressed Council and stated the subdivision review process in the
law is referred to as a ministerial process. It is similar to checking out a library
book. The subdivision process, despite the fact it comes to Council, the process is
actually the procedural equivalent of a rubber stamp. It is the process of checking
to make sure that all the subdivision requirements are met and if they are the
Council really has no authority but to approve the plat. With respect to drainage,
we have drainage reports that have been approved by the town. It doesn't appear
there is anything on the record that we could justify turning down the plat on the
basis of drainage. With respect to traffic, there has been a traffic impact analysis
done. It has been approved by the County and the Town, but on that issue we do
have evidence on the record that does give rise to expertise in the area of traffic
analysis. If the Council determined that it wanted to take a second look at the
traffic impact analysis the Council would be justified even under the ministerial
act analysis to go ahead and fund a further traffic impact analysis just to
determine if there are any real issues or to check the work of Mr. Matthew. That is
based on the testimony presented. There is a provision in the annexation law that
says by agreeruent between the county and the city a city can go through an
accelerated annexation process so if there is a concern over dual jurisdiction and
if the town were to go ahead and take on the significant financial burden of taking
over that road then you could take jurisdiction of the road, but short of taking
jurisdiction, the road is Pinia County so without a technical analysis to determine
what iniprovements are needed and without having the County agree with that it
will be difficult to make the developer make additional improvements. He
suggests that there be at the very least a condition discussed to say that the sub-
divider shall at its own cost design and construct any and all Hartman Road
improvements that Pima County reasonably requires for the development of this
subdivision. If we get a new TIA and it determines that additional things are
required and we don't annex it then those improvements would have to be done.
Upon motion by Council Member Ziegler, seconded by Council Member
Clanagan, to continue this item until another traffic study is done in a timely
manner as possible was approved 6-1 with Council Member Comerford opposing.
Council Member Escobedo was excused from the dias.
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a. Ordinance No. 2007.15: Relating to Parks and Recreation; amending
Title 13 of the Marana Town Code, sections 13-1-3 and 13-1-4 regarding
possession and discharge of firearms and other weapons in Town public
parks; and declaring an emergency (Jane Fairall)
Ms. Fairall addressed Council and stated this item proposed to, amend Title 13 of
the Town code reference Parks and Recreation specifically relating to the
carrying, possession, discharge of firearms in town parks. The current Town code
which dates back to 1996 strictly prohibited the possession, carrying and
discharge of firearms, except designated rifle or pistol ranges. In the process of
Parks and Recreation ordering new signs to put in the parks they came upon the
fact that state law had different requirements than we have. State law was
amended in 2000 and severely limited a town or city's discretion in regulating
firearms, specifically regulating firearms, possession, use, and discharge in parks.
The state statute set forth very specific provisions beyond which a municipality is
not allowed to go. It is pre-empted from doing anything more than what the state
statute allows and basically what we have in place at the moment is enforceable as
being pre-empted by state law. The amendments that are proposed to section
13-1-3 adding a new section 16 and 17 track exactly what the state statute allows.
It is less restrictive than what we have in place now because it does allow people
to carry firearms in parks or discharge fireanns in parks under the exceptions
allowed by state law, but it as restrictive as state law allows a town or
municipality to have. There is a change in regard to the penalty section of Title 13
for violations of the parks use regulations. Currently all those regulations 1- 15 are
Class one misderneanors. The state statute states that the unlawful discharge of a
firearm can be no higher than a Class two misdemeanor.
Upon motioii by Council Member McGorray, seconded by Council Member
Comerford, Ordinance No. 2007.15 and to adopt Resolution No. 2007-92 and
declaring an emergency was unanimously approved.
b. Resolution No. 2007-92: Relating to Parks and Recreation; declaring the
revisions to Town Code Title 13 adopted by Marana Ordinance No. 2007.15
as a public record filed with the Town Clerk; and declaring an emergency
(Jane Fairall)
2. Resolution No. 2007-93: Relating to Public Works; approving and
authorizing the implementation of a Capital Improvement Program Manual
to assist in the coordination of community planning, financial capacity and
physical development of the Town of Marana (Barbara Johnson)
Ms. Johnson addressed Council requesting passing of the resolution adopting the
manual for the Capital Improvements Program. It is a blueprint for how we look
at the Town's capital expenditures. It coordinates the community planning,
financial capacity and physical development of those programs. They have a
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capital budget, a capital program and a process by which they can put together a
cross functional team and take it into the community to come back to
management and with management's concurrence to Council with a decision
basis for a capital improvement program that looks out one, five, and twenty
years.
Upon motion by Council Member Comerford, seconded by Council Member
McGorray, Resolution No. 2007-93 was unanimously approved.
3. Resolution No. 2007-94: Relating to Economic Development; approving and
authorizing a Contract for Services with the Marana Chamber of Commerce
(Jim DeGrood)
Mr. DeGrood addressed Council and stated in years past we have provided
$40,000.00 to the Chamber of Commerce for their services in operating the
Marana Visitor's Center and providing other economic development benefits.
This year the Marana Chamber has requested a one time appropriation of
$20,000.00 for the purposes of upgrading the Marana Visitor's Center. It is to
improve the appearance, the structure and accessibility.
Ed Stolmaker, President and CEO of the Marana Chamber of Commerce,
addressed Council and stated improving the building will be a great asset to the
Chamber in the future. He stated he is looking forward to the future growth of the
Chamber with the help and partnership of the Town.
Upon motion by Council Member Clanagan, seconded by Vice Mayor Kai,
Resolution No. 2007-94 was unanimously approved.
4. Resolution No. 2007-95: Relating to Development; approving and
authorizing a preliminary plat for Whitney Farms (Kevin Kish)
Mayor Honea declared a conflict of interest.
Mr. Kish addressed Council and stated the applicant is requesting approval of a
preliminary plat for a 12 lot single family residential subdivision approximately
2.09 acres. The property is generally located on the west side of Whitney Lane
and approximately 120 feet south of Swanson Street. The existing zoning is the A
zone. This type of subdivision is allowable in that zoning district. The A zone
requires lot sizes of no more than 2.5 acres. The site is currently two parcels and
contains multiple manufactured homes. The owner's intent is to create individual
lots for site built homes. The proposed average lot area is 7,405 sq. ft. The
smallest is 7,206 sq. ft. All existing buildings are proposed to be removed prior to
recordation of the final plat. The project will need to adhere to the adopted
residential design standards. Whitney Lane is the nearest paved access which
serves the subdivision and provides access to Moore Road.
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Upon motion by Council Member McGorray, seconded by Council Member
Comerford, Resolution No. 2007-95 was approved 6-0.
5. Resolution No. 200.7-96: Relating to Real Estate; establishing the Learning
Farm; approving and authorizing the Mayor to execute a lease and use
agreement with the Community Food Bank relating to the Learning Farm;
repealing Resolution No. 2007-84, adopted on May 16, 2007, which addressed
a different version of the Community Food Bank lease and use agreement;
and declaring an emergency (Jane Fairall)
Ms. Fairall addressed Council regarding the lease and use agreement for the
Learning Farm at Heritage Park with the Community Food Bank. The agreement
was originally brought to Council May 16 th and it was approved with conditions
of in particular the weed removal and insurance requirements. The agreement
would require the food bank to use traditional farming methods to fight weeds and
other invasive species. The farm is an organic farm so traditional weed removal
methods would not be appropriate. The Community Food Bank will have to
aggressive remove all weeds and other invasive species, but the Town recognizes
it is an organic farm and appropriate methods that are consistent with an organic
farm may be used to accomplish that. The agreement provides that the Town can
take appropriate methods if it is not satisfied with the efforts that the Community
Food Bank has made to remove the weeds. The Town will do it at the Community
Food Bank's expense. In regard to the insurance requirement, the agreement
called for a minimum one million dollar general liability. At the request of
Council, Southwest Risk was contacted and they have incorporated their
suggestions which included Workman's Compensation and automobile liability.
Mr. Ellis contacted the Community Food Bank and was informed that they do
have in addition to the one million dollar general liability the five million dollar
excess coverage.
Upon motion by Council Member McGorray, seconded by Council Member
Clanagan, Resolution No. 2007-96 was unanimously approved.
K. BOARDS, COMMISSIONS AND COMMITTEES
1. Resolution No. 2007-97 Relating to Boards, Commissions and Committees;
appointing Ed McCauley to the Town of Marana Public Safety Personnel
Retirement Board (Jocelyn Bronson)
Ms. Bronson addressed Council and stated Mr. McCauley is a resident of Marana
and he currently sits on the Marana Public Safety Personnel Retirement Board.
His term will expire this month. Mr. McCauley has requested reappointed and his
term would then expire in June, 2011.
Upon motion by Council Member McGorray, seconded by Vice Mayor Kai,
Resolution No. 2007-97 was unanimously approved.
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2. Boards, Commissions and Committees: Procedure for appointments to the
Citizens Advisory Commissions (Jocelyn Bronson)
Ms. Bronson addressed Council and stated there currently exists a vacancy on the
Board of Adjustment, a vacancy on the Business and Economic Development,
Citizen Advisory Commission, two vacancies on Planning and Zoning and two
positions on Planning and Zoning that will come up for reappointment this month.
Pursuant to Council procedure which was adopted, these vacancies have been
posted on the Town website. The posting ends June 13 th at which time any
applications received will be forwarded to the manager's review committee. The
manager's review committee will determine if eligibility requirements have been
met and forward a list of successful candidates to the Town Manager. The Town
Manager will then make recommendations concerning the appointments to the
Council. It will be brought back to Council for the June I 91h meeting.
Council Member Ziegler asked who is on the manager's review committee.
Ms. Bronson stated herself, the Town Managers, the Town attorney and
department heads for any of the relevant boards, commissions and committees.
Mr. Cassidy stated the way the ordinance reads is the manager appoints the
committee. He does have the authority to designate people for that review
committee. It essentially becomes the manager's recommendation to the Council.
L. ITEMS FOR DISCUSSION/POSSIBLE ACTION
1. State Lep-islative Issues: Discussion/Direction/Action regarding all pending
bills before the Legislature (Mike Reuwsaat)
Michael Racy addressed Council regarding what is happening at the State
Legislature. Approximately a month ago, the State Senate adopted a budget. The
House of Representatives had not yet adopted a budget. A couple weeks later the
House was successful in adopting their budget. Since that time no progress has
been made between the two chambers on the budget. There are a number of bills
outstanding. The limitations on use and adoption of construction sales tax was
defeated in the House of Representatives and subsequently defeated on
reconsideration. The bill placing restrictions on various development incentive
agreements is still pending in the State Senate and has not moved over six weeks.
The sponsor of that bill has agreed if it moves forward our revisions will be
included. It is not clear that bill is actually going to move at this point in the
session. A month ago, the State Land reform proposal was still pending. At this
point, it is still pending and it is less likely that provision will move forward this
year.
13
MINUTES OF REGULAR COUNCIL MEETING
MARANA MUNICIPAL COMPLEX
DATE: June 5, 2007
M. EXECUTIVE SESSIONS.
N. FUTURE AGENDA ITEMS
Mr. Reuwsaat addressed Council and stated they could schedule a future study session to
look at the annexation of Hartman Road and have staff prepare some preliminary cost
estimates and what it would entail if we were to assume that from Pima County.
0. ADJOURNMENT
Upon motion by Council Member McGorrary, seconded by Council Member Clanagan,
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 June 5, 2007. 1 further certify that a quorum was present.
Jocelyn C. Bronson, Town Clerk
14
MINUTES OF SPECIAL SESSION MEETING
MARANA MUNICIPAL COMPLEX
DATE: JUNE 12,2007
PLACE AND DATE
Marana Municipal Complex
CALL TO ORDER AND ROLL CALL
By Mayor Honea at 7:00 p.m.
COUNCIL
Ed Honea
Herb Kai
Russell Clanagan
Patti Comerford
Tim Escobedo
Carol McGorray
Roxanne Ziegler
Mayor
Vice Mayor
Council Member
Council Member
Council Member
Council Member
Council Member
Present
Present
Present
Present
Excused
Present
Present
STAFF
Mike Reuwsaat
Gilbert Davidson
Jim DeGrood
Frank Cassidy
Jocelyn Bronson
Town Manager Present
Deputy Town Manager Present
Assistant Town Manager Present
Town Attorney Present
Town Clerk Present
PLEDGE OF ALLEGIANCE AND INVOCATION/MOMENT OF SILENCE
Led by Mayor Honea. Mayor Honea stated that several of them attended a function for
Charlie Villescaz's son, Renee, who passed away last weekend and asked to remember his
family.
CALL TO THE PUBLIC
GENERAL ORDER OF BUSINESS
CONSENT AGENDA
Resolution No. 2007-98: Relating to Procurement; authorizing the Purchasing Director to
sign cooperative purchasing agreements of the type and substance attached as Exhibit A on
behalf of the Town pursuant to A.R.S. §41-2632 and the Marana Town Code Section 3-4-
6(C) (Cedric Hay)
Resolution No. 2007-99: Relating to Parks and Recreation; approving and authorizing the
intergovernmental agreement between the Town of Marana and the Marana Unified School
District for the cooperative maintenance of the park
facility to be built adjacent to the proposed elementary school located in the Saguaro Springs
Master Planned Community (Cedric Hay)
I
MINUTES OF SPECIAL SESSION MEETING
MARANA MUNICIPAL COMPLEX
DATE: JUNE 12, 2007
Resolution No. 2007-100: Relating to Parks and Recreation: approving and authorizing the
License Agreement between the Town of Marana, the Marana Unified School District and the
developer of the Saguaro Springs Master Planned Community to facilitate construction of the
park facility to be located adjacent to the proposed Saguaro Springs Elementary School
(Cedric Hay)
Resolution No. 2007-101: Relating to Parks and Recreation; approving and authorizing the
intergovernmental agreement between the Town of Marana and the Marana Unified School
District for the construction, operation and maintenance of the community recreation facility
to be built on the property located at 10050 N. Coachline Boulevard, in Continental Ranch,
Marana (Cedric Hay)
Resolution No. 2007-102: Relating to Public Works; supporting the selection of Interstate
10 as a federally designated Corridor of the Future (Cedric Hay)
Minutes of the May 24, 2007 and May 29, 2007 special sessions.
Upon motion by Council Member Ziegler, seconded by Council Member Clanagan, item D I
was moved to action agenda, items 2-6 on the consent agenda was unanimously approved.
PRESENTATION: Presentation on Proposed Town-Owned Facility Naming
Guidelines (Josh Wright)
Mr. Wright addressed Council and gave a presentation based on some proposed facility
naming guidelines for public facilities located within the town. He stated they are looking for
comments and suggestions and no action is necessary. He stated they are looking for
guidelines on what type of policy the Town would like to see and what the procedure would
be to go through to actually name a facility in the honor of some person, place or thing. They
have taken guidelines from the City of Casa Grande, Flagstaff, Phoenix and Sierra Vista and
sent it to the managers for some initial commentary and review tailored toward the Town of
Marana.
Vice Mayor Kai asked how we would remove a name from a facility and whether we should
have guidelines to address this issue.
ITEMS FOR DISCUSSION/POSSIBLE ACTION
Resolution No. 2007-98: Relating to Procurement; authorizing the Purchasing Director to
sign cooperative purchasing agreements of the type and substance attached as Exhibit A on
behalf of the Town pursuant to A.R.S. §41-2632 and the Marana Town Code Section 3-4-
6(C) (Cedric Hay)
Council Member Ziegler stated it looked as if there was a fee involved and asked what the fee
per year was to be a member.
Mr. Cassidy stated it is $995.00 a year.
Council Member Ziegler asked for clarification on paragraph five where it talks about
2
MINUTES OF SPECIAL SESSION MEETING
MARANA MUNICIPAL COMPLEX
DATE: JUNE 12,2007
purchasing from the State and their approved vendors.
Mr. Cassidy stated it allows governments throughout the state to use contracts that have
already gone through the bidding process, but under our code it says there has to be a finding
that it is really cheaper to use a cooperative purchasing contract. Mr. Cassidy stated our code
says we are supposed to go with our own procurement process.
Council Member Ziegler asked for clarification on paragraph eight.
Mr. Cassidy stated we would have the same remedies as the State, but we cannot look to the
State of join with us in our battle. The $995.00 a year simply covers tile State costs for having
gone through all the bidding process, for the various services that are provided through the
cooperative procurement process.
Mr. Reuwsaat stated if whoever is having trouble with the vendors we would let the State
know we are having these issues so when they do their additional bidding or if sorneone else is
stepping in they would not get in the same situation or it would affect the ability of that vendor
to be eligible for bidding in the next cycle.
Upon motion by Council Member Comerford, seconded by Vice Mayor Kai, Resolution No.
2007-98 was unanimously approved.
Resolution No. 2007-103: Relating to Budget: adopting the Fiscal 2007-2008 Tentative
Budget (Erik Montague)
Mr. Montague addressed Council to present the tentative budget for fiscal year 2007-08. In
conformance with state law the tentative budget must be adopted on or before the third
Monday of July. He noted that the adoption of the budget establishes the town's maximum
expenditures in that fiscal year. He also noted that the town has an alternative expenditure
limitation. The adoption of this tentative budget would, set the maximum allowable
expenditures for next year. The total budget from the time of tentative adoption to final
adoption, the budget may be adjusted and reallocated downward, but it may not exceed the
amount that we adopt. Upon adoption the tentative budget is published in a paper of general
circulation weekly for a period of not less than two consecutive weeks from the time of
tentative adoption to time of final adoption. Council would then hold a public meeting. At
which time upon the close of that meeting they will have the opportunity to pass the final
budget. This tentative budget reflects the accumulation of input that began in March. This
budget has been structurally balanced to ensure that ongoing revenues are adequate to cover
ongoing expenditures within that budget.
Any uses of fund balance or any reserves have been identified as a one time cost component as
defined with an existing practice. The tentative budget in total is $209.8 million. That is an
increase of $81.8 million from last fiscal year. The main theme associated with the increase is
capital projects. Approximately $71 million of that increase is in CIP. Based on identified
priorities with respect to what programs and projects from the CIP component the town was
interested in funding. There is a series of very significant, costly major public infrastructure
improvements for this budget year, mainly from the transportation side. Within the $71 million
3
MINUTES OF SPECIAL SESSION MEETING
MARANA MUNICIPAL COMPLEX
DATE: JUNE 12,2007
they have identified expenditure capacity within the water fund for the potential or possible
future acquisition of a water resource and waste water treatment system. Other increases has
to do with supplemental requests.
As the result of the supplemental process and the evaluations that occurred resulting from that
supplemental process of approximately $5.2 million of supplemental requests were funded.
That includes the addition of 20 full-time equivalent or budgetary positions of about $ 1.1
million. Additionally employee compensation there was a series of adjustments, compensation
and health related adjustments of $2.2 million. Other increases of $2.3 million. There is a
significant adjustment to some rebates associated with some development fees and grant
funding for this year. This would be the first year we have set aside resources in a separate
fund for grant funding. Once you take out the CIP the operating budget for 2008 is projected to
be $39.4 million. Of that, the largest individual fund is the general fund being $31.4 million.
As part of the $39.4 million the largest individual expense by category is personnel services at
$22.6 million or 58% percent of the total operating budget as a whole. This is consistent with
other municipalities. Generally speaking it is the largest, most significant resource and cost to a
particular town. Early in the process they tried to identify resources adequate to try to make
employees as whole as possible. They took the personnel costs and the budgetary impact of
some of those proposals as part of the overall process to try to ensure at the end of this process
in evaluating the needs of the individual personnel with all the other needs of the town. For the
next budgetary year the town is going to be moving toward a town wide compensation and
classification study. It is scheduled to start in the fall. That will provide an opportunity to
identify those departments or positions where we may not be in a competitive state to other
municipalities. Incorporated within the tentative budget are some compensation adjustments.
They factored in a compensation adjustment of roughly 5.6 for those entering the ASRS
system at a cost of a million dollars. They believed it is important to try to keep as much of the
prior system with respect to merit to encourage continued professional development and
achievement. They are incorporating a merit component preliminarily based on projections on
the new model with respect to the evaluation process with a January Ist start.
They have maintained a police step program for officers and sergeants that are within their
existing steps. That has been funded for an additional year. As a result of a market analysis or
study for certain key identified positions in coordination with Human Resources there were
positions identified within the police department, they were identified as being significantly
under market and as a result they were able to identify resources adequate to make a market
adjustment for those identified positions.
This year reflects our first increase in health care premiums. That reflects a larger trend. Many
other municipalities depending on the demographics of their insurance pool often are dealing
with double digit increases. A six percent increase is a modest increase. By percentage
somewhat larger, but in dollars a lot smaller, dental and short term disability. The other cost is
the increased cost of retirement from the Town side. For the police department they have
identified funding around $245,000 total for a combination for the school resource officer, a
motor officer and crime analyst. That includes all salary and one time cost associated.
Additionally, they made an increase in the overtime adjustment, detective incentive grade
which was established this year and the market adjustment. From the CIP side, the beneficiaries
4
MINUTES OF SPECIAL SESSION MEETING
MARANA MUNICIPAL COMPLEX
DATE: JUNE 12,2007
associated with that program of $635,000 is for the mobile data terminals.
Mr. Reuwsaat stated they dropped for this year the $145,000 for the televised Council meetings
and spread it back into these areas for the additional MDT and the computer assisted dispatch.
Council Member Ziegler asked regarding the school resource officer position whether
another full-time position is warranted.
Chief Vidaurri addressed Council and stated we have always had an officer at the high school,
at the middle school, as well as the various elementary schools. The officer who was originally
assigned to deal with the middle school ended up testing for a motor officer position and was
then moved into that position once testing was completed. That in turn caused us to not have
anyone specifically assigned on a eight hour basis at the middle school. The principal was
concerned due to the activity that occurs there on a daily basis plus the officer is in charge of
teaching a variety of classes from peer pressure issues to staying out of drugs and gangs and
all the issues that school resource officers deal with. Vaen we lost that officer the officer that
was originally assigned to deal with the elementary schools had to take on the middle school.
In anticipation of the new schools coming into the Continental Ranch area it was felt that it was
imperative to have another officer come into the middle school. The officer who is currently
assigned to the elementary school, Gerrie Tinsley, will continue to do that in addition to picking
up the school that will be coming in the fall iii the Continental Ranch area. On a typical eight
hour day the bulk of their reports consists of mandatory reporting which is required by the state.
The advantage by having an officer immediately available at the school is we don't have to pull
someone away from their patrol duties. The officer who is assigned specifically at the
elementary schools breaks up their week having to jump between a number of elementary
schools they are assigned to. The middle school officer is assigned to dealing with problems,
teaching classes, and teaching a variety of programs. In addition to taking case reports at the
middle school level they also have to teach classes and it does fill up their entire eight hour day.
If other school resource officers need them or need assistance in their school it keeps from
having to call a patrol officer and take them away from answering calls for service.
At the high school level it is a tougher job, having to teach and there is a lot of mandatory
reporting including juveniles that maybe paper referred on a daily basis. He stated he could get a
break down of what their daily activities consist of at the high school, middle and elementary
schoollevel
Council Member Ziegler asked if they switch out their time with patrol and school duties.
Chief Vidaurri stated since school is currently out of session we use them entirely on answering
calls for service right now. During the school year their main assignment and focus is to be at the
school before school opens and after school closes.
Council Member Ziegler asked if there were enough patrol officers to be able to take two officers
and now a third person to do SRO full-time.
Chief Vidaurri stated if he was asked does he have enough officers he will always say he could
MINUTES OF SPECIAL SESSION MEETING
MARANA MUNICIPAL COMPLEX
DATE: JUNE 12,2007
never have enough officers. He stated we are currently short on positions. We are down six
positions in the field. We are currently trying to fill those positions. We have enough officers
currently because of the scheduling to cover calls for service.
Council Member Comerford stated the School Resource Officer is an invaluable resource. They
put in many hours above and beyond their 40 hours a week without overtime because of their
commitment to the position. She asked how many elementary schools Officer Tinsley is assigned
to currently.
Chief Vidaurri stated she has approximately four to five.
Council Member Comerford stated she teaches a DARE program at all those elementary schools.
To get those classes in everyday takes every bit of 40 hours a week. The School Resource
Officer at the junior high is invaluable. The amount of time you would be calling
for an officer off the street to respond to the numerous events on a daily basis is invaluable. She
stated the one position at the junior high school is going to help the officers that are out in the
field in not responding. She states this is based on her knowledge and experience she has had.
Council Member McGorrary stated she has been retired from the school district, having a
daughter who teaches fifth grade and being aware of what occurs in the school districts, it is
amazing what happens at elementary level. She stated the need for the SRO positions at the
schools is vital. The CPS law changed. The police have to be called immediately with CPS and
having one available to address the issue as it occurs it vital.
Council Member Ziegler stated she is aware of what can and does go on in schools and stated she
is not talking emotionally. She asked is our money better spent on a motor officer at this time
than an SRO. Council Member Ziegler stated in other districts the school system subsidizes their
SRO officers and wanted to know if Marana was doing that.
Chief Vidaurri stated they Currently do not operate in that fashion. He stated we have entertained
that approximately a year or two ago. He stated he met with the principals of the school in our
jurisdiction and they spoke of removing the SRO program, subsidizing salaries, and on
purchasing materials that the officers need to provide to the kids that they teach and they found
out that the principals felt that it would be an extremely difficult task to take to the school board
at that time, that the school board did not have the resources available to provide the monies that
we would like to see them provide. However, they were able to gain monies set aside in their
budgets to help assist in purchasing the materials for that fiscal year and continue to do that. He
stated they have looked at grants and haven't been able to come up with any at this time.
Mr. Reuwsaat addressed Council and stated one of the things that has worked with us and the
school district is we utilized their facilities and people without reimbursing them, ie; janitorial
help and for the use of gyms, etc. In terms of the SRO, Mr. Reuwsaat stated he has asked what is
the value, what are the calls, what is the response so when questions are brought up we have
those kinds of statistics ready. He stated the Chief has statistics and we should get them ready
and updated. We have an expectation that when school is out those officers are used in other
positions. Mr. Reuwsaat stated he was talking to the Chief about what we are doing to fill the six
6
MINUTES OF SPECIAL SESSION MEETING
MARANA MUNICIPAL COMPLEX
DATE: JUNE 12,2007
positions. He stated he asked the Chief to prepare a presentation to see the community policing
side and how it is staffed.
Mr. Montague stated looking at some expanded services and programs within the Parks and
Recreation Department, significant amounts of resources were identified and in the establishment
of particular programs there is a slight change in the budgetary policy in how they are actually
accounted for. Significant resources were identified to ensure various youth, teen, sports
programs and special interest classes. Significant portions of those programs are defrayed by
some fees that are charged to offset those costs as they are able to pass on. Connected to the
increases in those programs and the activity associated with a growing community additional
resources have been set aside for an additional site program in anticipation of the new school
coming online, recreation assistance associated with those programs, sports coordinator, as well
as within existing part-time assistants there has been identified a need to go from half time to 1/4
time to met the needs. That has been incorporated in that amount.
Mr. Reuwsaat stated the department with the single greatest number of increase in FTEs is the
Parks and Recreation Department and that is reflected in the additional of the new school site so
we can do the same programming. He stated what they did last year is they budgeted 20 hours a
week for the recreation people and it is still necessary for them to put in about 30 hours a week to
delivery the special events, the programs, etc. There are some full-time positions, but it is also
cumulative of adding those additional hours which adds additional FTEs in terms of total
numbers of hours.
Mr. Montague stated in the transportation area there are some resources set aside as far as the
supplement side primarily $275,000 associated with I- 10 beautification, street sweeping services
and landscaping maintenance. Those items have not significantly changed. There are some
resources allocated for various pieces of necessary equipment. There are new or enhanced
services and programs. Incorporated with the tentative budget is a new or re-established
economic development department with the hiring of an administrator to oversee the economic
development to put forth the vision and plan, working with outside groups to ensure that in the
life cycle of the town as we grow we've diversified to incorporate the economic base.
The public information office is a newly established separate office brought out of the
administration/ Town Manager's department with emphasis on providing relevant, timely
information to the public, as well as various reports.
The largest portion of the tentative budget is the capital improvement plan. The CIP plan
budgeted at $164 million. It is $71 million higher than the year before. It is largely attributable to
three or four major infrastructure projects that have been in the planning stage and are moving
toward the funding stage. Of that $164 million, $103.5 million is identified for transportation
specific projects, namely the largest funding source is associated with the Twin Peaks
Interchange and various road related improvements associated with that particular project. There
is the completion of the Tangerine Farrns Road. That is the utilization of existing proceeds that
we have, but it the carry over for the completion of that project. Airport projects, $12.7 million.
A few highlighted programs are land acquisition, sewer line, water line, access road and taxiway.
All of which are intended to enhance the functioning of that airport to allow for certain
7
MINUTES OF SPECIAL SESSION MEETING
MARANA MUNICIPAL COMPLEX
DATE: JUNE 12,2007
development within certain areas to increase capacity down the road. In water projects they have
identified resources adequate for the possible acquisition of a water resource and waste water
treatment system. This will basically provide the financial capacity to allow for the possible
acquisition of that facility. In a growing community there is a relatively disproportionate share or
cost associated with capital improvements especially along with the rooftops, the major
infrastructure improvements with roads, etc. so it is not uncommon to see a significant portion of
a budget to be allocated to capital improvements. Personnel, 10.8 percent of the whole budget,
contracted services, operating supplies, other services.
We set aside resources adequate to cover existing and potential debt service associated with
funding some of the capital improvements and some operating capital, as well. Sales taxes have
been identified at $28.6 million. This reflects an adjustment within the general fund of about I I
percent increase in sales taxes in the general fund. Roughly 46 percent of our sales tax is
construction sales tax by definition is a one time revenue source. Incorporated within this
projection they took into consideration the growth in the retail market, bars and restaurants, other
taxable activities. They were realistic in projecting the construction sales tax. That has a
significant impact on the general fund at roughly a little over $3 million, as well as the
transportation fund because 75 percent of what we collect in construction sales tax is actually
dedicated to the transportation fund to fund capital projects. They had budgeted in 2007, 1500
building permits. We are on target to hit 750. From the time permits are actually pulled to the
time they actually collect the sales tax they have calculated an impact anywhere from $1 to 3
million depending on the time they pull the permits to the time we collect the revenues based on
450 permits at a medium price of $275,000. That decrease has been offset by the commercial
activity.
Mr. Reuwsaat stated we are stl I I one of the very few that takes three out of four cents from
construction related sales and puts into the transportation fund which is helping us with the CIP.
If we hadn't adopted any construction sales tax we would have the normal two cents and with
most entities that is just general fund revenue like any other sales tax.
Mr. Montague stated shared revenues is another significant component. This saw the largest
percentage increase based on the number estimates received from the state of $7.4 million a 42
percent increase in revenues to the general fund. Permits and fees in 2007 there was 1500
building permits and in the budget before Council there is an estimate of 850 units. A study was
done which provided independent third party information with respect to what the market was
going to do in the future years. Utilizing that information and working with staff to work
together to try to identify what is a reasonable measure of building activity for the next year. We
have various and significant projects at different levels of readiness with Saguaro Springs, as
well as some other significant projects they anticipate a slight increase in permits. The permit
fees of $8.8 million incorporate all permits and related fees.
Associated with the decrease in the housing activity they took a proportionate decrease in the
various fees that are collected in each of these development fee funds. In the general fund there
was this $8.8 million revenue projection incorporates a $1.3 million projected decrease in the
general fund associated with that decrease in single family residences, as well as roughly
$785,000 or 45 percent decrease in fees collected from the south benefit transportation impact
fee fund. There is a slight decrease in the north benefit impact fees of above $7,000 or one
8
MINUTES OF SPECIAL SESSION MEETING
MARANA MUNICIPAL COMPLEX
DATE: JUNE 12,2007
percent and a significant decrease in the park impact fees of about $1.2 million or 52 percent
decrease from the year before, all resulting from the decrease in the housing activity.
Other agency revenues, the town receives significant resources outside the town through PAG
(Pima Association of Governments), RTA, Pima County Bond Program, as well as various
federal grants and contributions and that comprises $55.2 million. Other revenues that are not
identified namely income and other types of miscellaneous fees. Incorporated within this
resource plan, $60 million in potential debt authorization. That debt component is comprised of
$11 million in WIFA (Water Infrastructure Financing Authority) debt associated with the
Silverbell Road. That particular financing was approved and is going to ii-iove forward for
consideration to the board later this month.
They have also identified potential funding or capacity of $9 million in MPC (Municipal
Property Corporation) for purposes of transportation improvements. The largest component
associated with this debt authorization or financing component is the $40 million on the
particular water resource and waste water treatment funding. Reserves they have identified as
making up the difference of $42.6 million. The purpose of the fund is to allocate or account for
resources for a particular purpose. The main fund is the general fund. It is a governmental fund.
They anticipate a $3.3 million decrease in reserves associated within that existing financing plan.
That's primarily associated with some carryover projects, a significant increase in contingency
and one time cost components. They are still above the 25 percent targeted measure for ending
fund balance. Capital project funds are to account for the eventual accumulation of resources
adequate to acquire or construct significant improvements. There is not normally a significant
dip in debt service reserves. That is the spending of resources that were received in the issuance
of debt on the Tangerine Farms Road debt. They pre-funded pre-paid interest and that is a carry
over amount. The dip in the water fund is associated with planned projects.
Council Member Ziegler asked on the issue of employee compensation if the 2.5 percent merit
increase was town wide.
Mr. Montague stated it is for all employees that are not incorporated within a step plan and stated
the police officers that are part of a step plan are not included in the merit component.
Upon motion by Council Member McGorray, seconded by Council Member Comerford,
Resolution No. 2007-103 was unanimously approved.
EXECUTIVE SESSION:
Executive session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7) to receive legal advice from
and consult with the Town Attorney concerning the April 23, 1979 intergovernmental agreement
between the Town of Marana and Pima County relating to sewer service within the Marana town
limits and to direct the Town Manager and Town Attorney with respect to that agreement.
Upon motion by Council Member McGorray, seconded by Vice Mayor Kai, Council adjourned
to Executive session.
9
MINUTES OF SPECIAL SESSION MEETING
MARANA MUNICIPAL COMPLEX
DATE: JUNE 12,2007
Mr. Cassidy stated as discussed in Executive Session, staff would request that the discussion of
the April 23, 1979 IGA with Pima County be continued and be discussed in the context of the
other water issues that are being brought back to Council at the June 201h meeting.
Upon motion by Council Member Comerford, seconded by Council Member Clanagan, as
discussed in Executive Session, item was unanimously approved.
ADJOURNMENT
Upon motion by Council Member Comerford, 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 June 12, 2007. 1 further certify that a quorum was present.
Jocelyn C. Bronson, Town Clerk
10
MINUTES OF REGULAR COUNCIL MEETING
MARANA MUNICIPAL COMPLEX
DATE: JUNE 19,2007
PLACE AND DATE
Marana Municipal Complex
A. CALL TO ORDER AND ROLL CALL
By Mayor Honea at 7:00 p.m.
COUNCIL
Ed Honea Mayor Present
Herb Kai Vice Mayor Present
Russell Clanagan Council Member Present
Patti Comerford Council Member Present
Tim Escobedo Council Member Present
Carol McGorray Council Member Present
Roxanne Ziegler Council Member Excused
STAFF
Mike Reuwsaat Town Manager Present
Gilbert Davidson Deputy Town Manager Present
Jim DeGrood Assistant Town Manager Present
Frank Cassidy Town Attorney Present
Jocelyn Bronson Town Clerk Present
B. PLEDGE OF ALLEGIANCE AND INVOCATION/MOMENT OF SILENCE
Led by Mayor Honea.
C. APPROVAL OF AGENDA
Upon motion by Council Member Escobedo, seconded by Council Member McGorray, items
4 and 5 were removed from Consent Agenda and moved to first two items on Council Action
was unanimously approved.
D. CALL TO THE PUBLIC
David Morales addressed Council regarding group think and Consent Agenda items.
Ed Stolmaker, President and CEO of the Marana Chamber of Commerce, addressed Council
and stated this Thursday at the Marana Chamber lunch they have scheduled the legislators
from District 25 and 26 to attend. The budget was approved today, but there are a number of
bills which they have to address and because of that they are moving the lunch until
Thursday, July 19th . In place of the legislators they will have the Chief and Assistant Chief of
Northwest Fire which will be speaking at their lunch in reference to the changes in reference
to the business community and the residents.
David Hedgepath, pastor of Community Christian Church, addressed Council regarding a
project that was started in Tucson in 2001 called the SOBER project. It was formed like a
church with worship and prayer, but its focus was on people who had addictions. Currently
that center has 90 percent of its member in recovery or working on their addictions. Since
2005, nine other churches in the Tucson area have started a 12-step recovery group.
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Community Christian Church is now eleventh on that list of churches. They plan on
continuing meetings every Friday at 7:00 p.m. not just for members of the church, but as an
outreach into the community for people who are looking for support and for a group to gather
with.
E. PRESENTATIONS
F. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS
Council Member Escobedo stated they have changed Miracle in Marana to Miracles, Inc. for
the purpose of marketing. They found they have more opportunity for fund raising. They will
be set up at the 4 1h of July festival with Santa Claus. They will have a raffle.
Council Member McGorray stated the Marana Community Food Bank will be at the booth
run by National Bank if people wish to bring donations.
Mr. Reuwsaat stated as reminder to the public that tomorrow night will be a special study
session to begin at 6:00 p.m. regarding water issues.
G. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS
H. STAFF REPORTS
GENERAL ORDER OF BUSINESS
1. CONSENT AGENDA
1. Resolution No. 2007-104: Relating to the Police Department; authorizing
application for undercover vehicle registrations (Richard Vidaurri)
2. Resolution No. 2007-105: Relating to Liquor Licenses; approval and
recommendation to the State Liquor Board for a corporate person and
location transfer of a No. 09 (Liquor Store) liquor license submitted by
Pheng Hour Hak on behalf of Marana Grocery Store, located at 13865 N.
Sandario Road (Jocelyn Bronson)
3. Resolution No. 2007-106: Relating to Liquor Licenses; approval and
recommendation to the State Liquor Board for a corporate location
transfer of a No. 10 (Beer and Wine Store) liquor license submitted by
Kim Kenneth Kwiatkowski on behalf of Circle K Store, located at the
northwest corner of Tangerine and Thornydale Roads (Jocelyn Bronson)
6. Resolution No. 2007-110: Relating to Subdivisions; approving a release
of assurances for Continental Reserve Block 16A and acceptance of
public improvements for maintenance (Keith Brann)
7. Resolution No. 2007-111: Relating to Development; approving and
authorizing a final plat for Saguaro Springs Blocks 2 & 3 (Kevin Kish)
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8. Resolution No. 2007-112: Relating to Development; approving and
authorizing a final plat for Dove Mountain Resort (Kevin Kish)
9. Relating to Personnel: Revision of Personnel Policy 3-6,
Overtime/Compensatory Time, to eliminate holidays from the exclusions
for calculating hours worked in a week for overtime (Regina Fleming)
10. Minutes of the May 22, 2007 and May 31, 2007 special meetings.
Council Member Escobedo declared a conflict of interest on item #7.
Upon motion by Council Member Comerford, seconded by Council Member
McGorray, the Consent Agenda was unanimously approved.
J. COUNCIL ACTION
4. Resolution No. 2007-107: Relating to Transportation; approving and authorizing
the Mayor to execute an intergovernmental agreement Amendment between the
Town of Marana and Pima County for the sharing of costs involved in the provision
of public transit services to certain areas of Pima County and the Town of Marana
(Jim DeGrood)
Mr. DeGrood addressed Council and stated at present there are two transit services we
contract through Pirna County for. The first is the Sun Tran route 16 which is basically
the Ina Road service. There are 26 trips a day on that route. The second service is the
rural transit service that serves northern Marana. In addition to those two services, this
year Pima County has offered to extend to us Van Tran service at our discretion. They
have a contract with a provider that provides paratransit services to a fairly limited
territory in unincorporated Pima County. Pima County is looking at expanding that area.
We had requested that Pima County consider making that service available to us should
the Town choose to provide that service. It is not a mandatory service. It is voluntary on
the Town's part to go forward with that. The current services we have for the Sun Tran
service and tile Pima County rural transit service is a little over $70,000 a year.
Council Member Escobedo asked how many people are using the service from
Continental Ranch to downtown Tucson.
Mr. DeGrood stated the express bus service which was started last month that the buses
are running half full or better right now. They expect them to be full by the end of
summer. That service is not subject to this particular IGA. That is paid for by the Arizona
Department of Transportation as a mitigation measure for the work on downtown I- 10.
When the I- 10 work terminates then this service will roll into the RTA. Mr. DeGrood
stated the Marana rural transit operates on a deviated route service.
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Upon motion by Council Member Escobcdo, seconded by Council Member Clanagan,
Resolution No. 2007-107 was unanimously approved.
5. Resolution No. 2007-109: Relating to Public Works; approving and authorizing
the execution of an intergovernmental agreement between the Arizona Department
of Transportation and the Town of Marana relating to the I-10/Twin Peaks traffic
interchange (Cedric Hay)
Mr. Cassidy stated this is an intergovernmental agreement between the state and Marana
in which the state is agreeing to put up a total of $14 million towards the cost of the TI
and they will be administering the construction contract. The town will prepare the design
plans and pay everything over $14 million. This is the agreement that gets the project
built.
Council Member Escobedo asked how our agreement with Union Pacific has moved
forward and does this agreement include Union Pacific.
Mr. Brann stated the agreement with Union Pacific is going to be a separate agreement. It
is a railroad access agreement. That had been stated for sometime because Union Pacific
and ADOT wished to create what they called a broiler plate agreement. The goal of that
broiler plate is that now we can tailor the broiler plate to this interchange and that is
expected to be a two to three month process. We are in process with our consultant
pursuing that agreement with the railroad. Mr. Brann stated much of the public that is in
the vicinity of the project has received direct mailings. Thursday night there will be a
public meeting at 7:00 p.m. at Twin Peaks Elementary. There will be exhibits of the
current status of the interchange, question and answer, one on one format as apposed to a
formal presentation.
Upon motion by Council Member McGorray, seconded by Council Member Escobedo,
Resolution No. 2007-109 was unanimously approved.
1. Resolution No. 2007-113: Relating to Mayor and Council; authorizing the
cancellation of the July 3, 2007 regular meeting (Jocelyn Bronson)
Upon motion by Council Member Clanagan, seconded by Council Member Escobedo,
Resolution No. 2007-113 was unanimously approved.
2. Resolution No. 2007-114: Relating to Development; ratifying design
recommendation for the development known as Heinfeld Silverbell & Wade Retail
(Kevin Kish)
Mr. Kish addressed Council and stated this is a request for ratification of the Silverbell
overlay district committee who reviewed this project at its May 22, 2007 meeting and
unanimously recommended approval of the design of this center. The proposed center is
located on Silverbell Road north of Wade Drive. The project contains 14,740 sq. ft. of
building area with 4,600 sq. ft of that proposed to be a restaurant and the balance to be
retail shops. Building is comprised of stucco texture over wood frame. The architectural
elements include rounded canopies supported by stone veneer columns at the ends and
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center of the building to break up the square appearance of the building. Blue metal
awnings will be provided over the windows and the doors at the rear of the buildings to
help with solar control and add accent to the color pallet. Landscaping will be provided
on the sides and the front of the development.
Council Member Comerford asked about a left turn lane.
Mr. Kish stated this distance from Wade Road did not allow for a left turn ingoing on the
northerly route on Silverbell so it would be a right in, right out only.
Upon motion by Vice Mayor Kai, seconded by Council Member McGorrary, Resolution
No. 2007-114 was unanimously approved.
K. ITEMS FOR DISCUSSION/POSSIBLE ACTION
1. Resolution No. 2007-115 Relating to Boards, Commissions and Committees;
appointments to the Planning & Zoning Commission, Business and Economic
Development Commission and the Board of Adjustment (Jocelyn Bronson)
Mayor asked for reappointment of Billy Schisler and Dave Wostenberg to the Plannin,*
Commission as incumbents and that all the other incumbents be interviewed on July I oth
1h
and then appointed on July 17
Tom Dunn addressed Council and stated he is applying for appointment to the Economic
Development Commission. He stated he is a business owner who relocated his business
to Arizona.
Tina Wood addressed Council and is asking for appointment for any vacancy to the
Planning and Zoning Commission. She stated she has a degree in geology and has been
an environmental consultant for over twenty years. She currently works for the State of
Arizona Department of Environmental Quality and she runs state super fund projects.
Mayor Honea stated every applicant would be given a couple minutes to introduce
themselves and what board they want to serve on. Council would then go into Executive
Session and if they wish to interview specific candidates they would be asked to come in
for more in depth personal interviews. The time for the meeting is to be six o'clock.
Upon motion by Council Member Escobedo and seconded by Council Member
McGorray, to reappoint Billy Schisler and Dave Wostenberg to the Planning Commission
and the interviews to be July I 01h and appointment for July 17 1h for the rest of the
vacancies was unanimously approved.
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L. BOARDS, COMMISSIONS AND COMMITTEES
M. EXECUTIVE SESSIONS.
N. FUTURE AGENDA ITEMS
0. ADJOURNMENT
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 June 19, 2007. 1 further certify that a quorum was present.
Jocelyn C. Bronson, Town Clerk
6
N 0
TOWN COUNCIL
MEETING TOWN OF MARANA 11 MAR;A , 7
INFORMATION
MEETING DATE: July 17, 2007 AGENDA ITEM: K. I
TO: MAYOR AND COUNCIL
FROM: Jocelyn C. Bronson, Town Clerk
SUBJECT: Resolution No. 2007-128: Relating to Boards, Commissions and
Committees; approving appointments to the Planning & Zoning
Commission, Business and Economic Development Citizen
Advisory Commission and the Board of Adjustment
DISCUSSION
Currently, there are two vacant seats on the Planning & Zoning Commission which expired June
30, 2007; one vacancy on the Business and Economic Development Citizen Advisory
Commission with a term to expire February 1, 2011, and one vacancy on the Board of
Adjustment for a term that expires February 1, 2010.
Pursuant to Council procedure, the vacancies were posted on the town's website on May 30,
2007. The posting period ended June 13, 2007, at which time all applications were forwarded to
the Manager's Review Committee. The Review Committee determined that the eligibility
requirements were met and forwarded the list of candidates to the Town Manager.
The Town Manager provided to the Mayor and Council the list of candidates and support
materials to the Council for review. The applicants made brief presentations at the July 10
special meeting, highlighting their unique qualifications and were available for interviews in
executive session. Successful candidates will be appointed at tonight's meeting.
RECOMMENDATION
Council's pleasure.
SUGGESTED MOTION
I move to approve the appointment of and to the
Planning & Zoning Commission for the term ending June 30, 2011; and the appointment of
to the Business and Economic Development Citizen Advisory
Commission for a terni ending February 1, 2011; and the appointment of
to the Board of Adjustment for a term ending February 1, 2010.
JCB/07/10/2007/9:35 AM
MARANA RESOLUTION NO. 2007-128
RELATING TO BOARDS, COMMISSIONS AND COMMITTEES; APPROVING
APPOINTMENTS TO THE PLANNING & ZONING COMMISSION, BUSINESS
AND ECONOMIC DEVE LOPMENT CITIZEN ADVISORY COMMISSION AND
THE BOARD OF ADJUSTMENT.
WHEREAS, all Boards, Commissions and Committees were created by the Town
Council to meet and advise the Council on concerns relating to the efficient operation of
Town business for the betterment of citizens and the community; and
WHEREAS, the Town Council desires to fill two seats on the Planning & Zoning
Commission, one seat on the Business and Economic Development Citizen Advisory
Commission, and one seat on the Board of Adjustment.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town
of Marana, Arizona, as follows:
THAT and be appointed to the Planning &
Zoning Commission with terms to expire June 30, 2011;
THAT be appointed to the Business and Economic
Development Citizen Advisory Commission with a terni to expire February 1, 2011; and
THAT
expire February 1, 2010.
be appointed to the Board of Adjustment with a term to
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 17th day of July, 2007.
ATTEST:
Mayor ED HONEA
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Marana Resolution No. 2007-128