HomeMy WebLinkAbout07/24/2007 Special Council Meeting Agenda Packet
SPECIAL COUNCIL MEETING NOTICE AND AGENDA
Council Chambers
11555 W. Civic Center Drive, Marana, Arizona 85653
July 24, 2007, at or after 6:00 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 SfLENT MODE ALL PAGER-S
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.ii-iarana.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 23, 2007, 6:00 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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SPECIAL COUNCIL MEETING NOTICE AND AGENDA
Council Chambers
11555 W. Civic Center Drive, Marana, Arizona 85653
July 24, 2007, at or after 6:00 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 on proposed Special Events Ordinance (Jim DeGrood)
2. Presentation on the Marana Municipal Court reorganization project
(Cedric Hay)
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
9NARANAP
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4RIZOS
SPECIAL COUNCIL MEETING NOTICE AND AGENDA
Council Chambers
11555 W. Civic Center Drive, Marana, Arizona 85653
July 24, 2007, at or after 6:00 p.m.
the Consent agenda, and that issue will be discussed and voted upon separately, immediately
following the Consent agenda.
1. Resolution No. 2007-130: Relating to Building; authorizing the renewal of an
intergovernmental agreement between the Town of Marana and the Office of
Manufactured Housing within the Arizona Department of Fire, Building and
Life Safety (Cedric Hay)
2. Minutes of the June 26,2007 and July 10, 2007 special meetings.
J. COUNCIL ACTION
K. BOARDS, COMMISSIONS AND COMMITTEES
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
TOWN COUNCIL
MEETING TOWN OF MARANA 9 MARANA 7
INFORMATION
MEETING DATE: July 24, 2007 AGENDAITEM: E. I
TO: MAYOR AND COUNCIL
FROM: James DeGrood, Assistant Town Manager
SUBJECT: Presentation on proposed Special Events Ordinance
DISCUSSION
There are a wide range of special events which occur within the Town, ranging from bicycle
races to concerts. These special events are required to be permitted by the Town, but there is
relatively little language in the Town Code to rely on for permit requirements and conditions.
Town staff has identified the need to develop a Special Events Ordinance to address these
current code deficiencies and to give guidance to the public on Special Events Permit
requirements. Representatives from the Police, Public Works, Parks and Recreation, Legal,
Town Clerk and Town Manager departments have been meeting regularly to identify concerns
and review draft ordinance language.
One of the primary areas of concern dealt was the identification of what kinds of events would
require permits, resulting in creation of definitions for Special Event, Major Event and Spillover.
For the purpose of the proposed ordinance a special event is defined as:
"Special Event" means any public or private function which:
Requires temporary parking areas; or
Is held in a public park or on public right of way; or
Has amplified music or voices which can be heard outside of the event
location; or
0 Requires temporary traffic control to provide for safe ingress or egress to
the event venue; or
0 Requires a Special Event Liquor License; or
9 Requires temporary sanitation facilities; or
0 Requires the installation of temporary structures or tents of more than 120
square feet; or
0 Has other adverse impact on public health, safety and welfare.
Exemptions:
• School functions at school facilities, unless spillover is anticipated
• Ordinary and customary events at a venue designed to accommodate them.
JRD/07/17/2007/5:28 PM
Issues which are addressed within the Special Event Ordinance include:
• The permit process and application requirements
• Permit Conditions for:
Noise
Sanitation
Security
Medical Services
Lighting
Parking
Traffic Control
Appropriate Zoning
Signage
Sales
Insurance
Grounds For Denial
Waivers
Violations, Penalties
ATTACHMENTS
Draft Ordinance.
RECOMMENDATION
Staff requests feedback from Council prior to presentation for adoption.
SUGGESTED MOTION
Council may direct staff to bring this ordinance back for final adoption.
-2-
Chapter 10-6 Special Events Permit
Section 10-6-1 Purpose; Definitions
(A) The purpose of this chapter is to establish a process for
permitting and regulating certain temporary activities conducted on public
property or private property when public safety is potentially impacted. This
chapter is adopted pursuant to the authority of A.R.S. § 9-240, as amended, and
is intended to provide fair and reasonable regulations governing the time, place,
and manner in which a special event may take place, and in doing so, provide for
the health safety and welfare of the public and assist the town and its appropriate
officers in enforcing the applicable provisions of A.R.S. Title 9 and Title 36.
(B) For the purpose of this chapter, the following definitions shall apply
unless the context clearly indicates or requires a different meaning.
"Special Event" means any public or private function which:
Requires temporary parking areas; or
Is held in a public park or on public right of way; or
Has amplified music or voices which can be heard outside of
the event location; or
Requires temporary traffic control to provide for safe
ingress or egress to the event venue; or
Requires a Special Event Liquor License; or
Requires temporary sanitation facilities; or
Requires the installation of temporary structures or tents of
more than 120 square feet; or
Has other adverse impact on public health, safety and
welfare.
Exemptions-
School functions at school facilities, unless spillover is anticipated,
as defined below, and.
Ordinary and customary events at a venue designed to
accommodate them.
2. "Major Event" is defined as a special event where:
Extra-duty law enforcement officers or other security
services are used; and
Temporary traffic control is used.
3. "Spillover" occurs when participants of, or spectators to, a special
event congregate on, park, or move to any property or right of way
not associated with the event venue.
(00005330.DOC /)
Section 10-6-2 Permit Required
Any person wishing to operate, maintain or conduct a Special Event
within the town must first obtain a permit to do so. No permit shall be
issued until all conditions required pursuant to this chapter have been
met and fulfilled. The maximum number of people permitted at any
event will be based upon the nature of the event and the physical
capacity of the site where the event will take place.
Section 10-6-3 Application Process
(A) Written application to the Town Clerk must be submitted at
least thirty days before the first day of the proposed special event.
Applications for a Major Event must be submitted at least sixty days
in advance of the first day of a proposed Major Event.
(B) Any person desiring to operate a special event shall file a
written application with the Marana Town Clerk, which shall contain
the following facts and information:
(1) The name, age, residence and mailing address of the
person making the application.
(2) The address or legal description and present zoning of
the place or premises where the proposed event is to be
conducted, operated or carried on.
(3) A description of the event, including activities, anticipated
attendance, entertainment, and type of retail sales if
applicable.
(4) The dates for which the permit is sought.
(5) An estimate of the number of customers, spectators,
participants and other persons intended, calculated or expected to
attend the event for each day it is conducted; and
(6) A site map or sketch showing the location of the property
in relation to surrounding properties, the area to be used, the access
to the property and the location of any proposed facilities, parking
areas, vending areas, stages and other principal features of the
venue.
tOO005330.DOC /)
(C) Upon receipt of the Major Event / Special Event application,
the Town Clerk shall circulate the application for review by the
following Town departments: Public Works, Police, Building Services,
Planning, Town Attorney, Parks and Recreation, and Town Manager;
and by the Northwest Fire Rescue District. These departments shall
review the application and may impose conditions related to the
potential impact of the event upon the Town's resources and pursuant
to Section 10-6-4 of this chapter.
(D) The Town Clerk shall respond to the applicant with an
approval, approval with conditions, denial or request for additional
information within ten(l 0) business days of the submission of
application.
(E) The applicant shall demonstrate adherence with all conditions
or requests for additional information no later than ten (10) days prior
to the event and no permit shall be issued until this has been done.
Section 10-6-4 Conditions
(A) Noise Standards It shall be unlawful for any person, entity or
operation at any special event to create any amplified noise, or to allow the
creation of any amplified noise, which causes the noise level measured on
any residential property outside of the special event venue to exceed the
noise standards found in table 1, section 11-5-3 D.
(B) Sanitation
1. The applicant shall provide and maintain toilet and hand
washing facilities that are adequate for the anticipated
maximum attendance and event duration as directed by the
Town Clerk.
2. The applicant shall provide and maintain an adequate number
of trash receptacles as directed by the Town Clerk.
3. All food vendors shall comply with the requirements of the
Pima County Health Department for permits and food handling
practices.
(C) Security The applicant may be required, at the applicant's
expense, to provide security services, and/or extra-duty law enforcement
officers for event security, as determined by the Chief of Police. In making
the determination of the need for security services, the Chief of Police shall
consider the event nature, anticipated attendance, access to alcohol, ticket
or money handling and any other factors deemed relevant. If private
{00005330.DOC /)
security services are to be used, the Chief of Police must approve the
security service provider and the security plan for the event. If extra-duty
law enforcement will be used, the town will coordinate the hiring of officers
and the security plan preparation.
(D) Medical Services The applicant may be required to furnish
medical services to the event. Conditions which may warrant this
requirement include the expected temperatures during the event, the nature
of the event, expected attendance, age of the expected attendees, and
accessibility of the event venue to emergency vehicles. In the event
medical services are used at the event, the medical services plan shall be
approved by the Chief of Police and Northwest Fire Rescue District.
(E) Lighting Events which will take place or where attendees may
still be present after dark will be required to provide adequate illumination of
all use areas, sanitation facilities, parking areas and areas of pedestrian
travel. If lighting is required for the event, a lighting plan shall be submitted
to the Town's Building Official to ensure compliance with the Title 18 of the
Land Development Code: Outdoor Lighting.
(F) Parking Adequate parking shall be provided for all special
events, without spillover. In the event temporary parking areas are to be
used, a parking layout and circulation plan shall be prepared and submitted
for approval by the town's Traffic Engineering Division. In temporary
parking areas, all parking spaces shall be adequately marked and dust
control measures shall be performed.
(G) Traffic Control Adequate access to the event venue shall be
required for the general public and emergency vehicles. If the access points
to the event venue do not have adequate capacity for the expected
ingress/egress traffic volumes, temporary traffic control measures will be
required. Where temporary traffic control measures are to be employed, a
Traffic Control Plan must be submitted for approval by the town's Traffic
Engineering Division.
(H) Appropriate Zoning The venue for a special event shall have
the appropriate zoning for the proposed event.
(1) Signage All signage to be employed in the advertisement of
the Special Event shall be in compliance with Title 16 of the Marana Land
Development Code: Signage, and is subject to approval by the Planning
Director.
(J) Sales All event vendors shall hold a current Marana
Business License. This includes the applicant if tickets are to be sold. All
100005330.DOC /)
merchandise and ticket sales are taxable in accordance with the laws of the
state. Tickets to an event shall not be sold prior to approval of the Special
Event Permit.
(K) Insurance The amount and type of insurance required for a
special event shall be determined on a case by case basis, based upon the
recommendation of the Arizona Municipal Risk Retention Pool (AMRRP) or
other insurance provider to the Town. The applicant shall provide at a
minimum $1,000,000.00 in liability insurance and name the Town of Marana
as an additional insured. Insurance certificates must be provided to the
Town Clerk prior to the event date.
Section 10 - 6 - 5 Grounds for Denial
(A) After reviewing the application material, the Town Clerk may
deny issuance of a license if any of the following apply:
(1) That the applicant has failed to meet the conditions
imposed pursuant to this subchapter;
(2) That the proposed event is intended to be conducted in a
manner or location not meeting the health, zoning, fire or safety
standards established by rules or regulations of the Town, the laws of
the State of Arizona or rules and regulations adopted by any of its
agencies;
(3) That the applicant has knowingly made any false,
misleading or fraudulent statement of material fact in the application
for permit or in any other document required pursuant to this section;
(4) That the applicant, his or her employee, agent or any
person associated with the applicant as partner, director, officer,
stockholder, associate or manager, has been convicted in a court of
competent jurisdiction, by final judgment, of an offense:
(a) Involving the presentation, exhibition or performance
of an obscene production, motion picture or play, or of selling
obscene matter;
(b) Involving lewd conduct;
(c) Involving the use of force and violence upon the
person of another;
{00005330.DOC /I
(d) Involving misconduct with children; or
(e) An offense against the provisions of Arizona law
respecting narcotics and dangerous drugs, or of any equivalent
offense under the law of any other state which if committed in Arizona
would have been a violation of the Arizona statutory provisions.
(5) That the scheduled date of the event conflicts with other
previously scheduled events such that it will result in an undue impact
on the town's resources and staff.
(B) Where the application is denied, the Town Clerk shall mail
to the applicant written notice of denial within three (3) days of the
action, said notice to include a statement of the reasons the
application was denied. The applicant may request a review of this
denial by the Town Manager who will schedule a meeting during
which the applicant may present evidence in support of his/her
application,
Section 10 - 6 - 6 Waivers
At the discretion of the Town Manager, or designee, application
submittal requirements or permit conditions may be waived.
Section 10 - 6 - 7 Violations, Penalties
(A) It shall be a civil violation of this code to conduct a special
event without a permit.
(B) Failure to adhere to the conditions of a Special Event Permit
shall be a misdemeanor offense.
(C) Each violation of the conditions of a Special Event Permit, or
the provisions of section 10 - 6 - 4, shall constitute a separate
offense.
(D) A person convicted of a violation of this chapter shall be guilty
of a class 2 misdemeanor, punishable in accordance with the laws of
the state.
{00005330.DOC /I
TOWN COUNCIL
MEETING TOWN OF MARANA "I MARViA 7
INFORMATION (
MEETING DATE: July 24, 2007 AGENDAITEM: E. 2
TO: MAYOR AND COUNCIL
FROM: Cedric Hay, Senior Assistant Town Attorney
SUBJECT: Presentation on the Marana Municipal Court reorganization
project
DISCUSSION
This presentation is intended to prepare the Council for a proposed change to Title 5 of the
Marana Town Code, specifically related to the Municipal Court. This effort was initiated in
response to a directive issued by the Supreme Court of Arizona earlier this year. The directive
was presented in a question and answer fonnat and addressed issues raging from setting court
hours to the interaction between municipal courts and the towns they serve. An analysis of the
Marana Town Code indicated that there are some areas which will need to be modified to
comply with the Court's directive.
It is hoped that any changes ultimately approved by Council will have the effect of bringing our
court system into compliance with the directive while also protecting those aspects of our
municipal court system that are working properly and efficiently.
The legal department has investigated the various court structures throughout the state. In
addition the Town Manager, with representation from the Town's legal department went to the
Supreme Court to discuss specific questions related to implementation of their Directive. We
have also, and will continue to maintain an open dialogue with our court personnel about this
topic. It is anticipated that a final draft will be ready to present to Council towards the end of
August.
The proposed changes to Title 5, among other things will address the relationship between the
court and town administration. Some of these changes are necessitated by the separation of
powers requirements found in the US and Arizona Constitutions and in the Court's directive.
A copy of the Court's directive is available upon request. Town staff will be available to answer
Council questions and concerns.
RECOMMENDATION
The Town Legal Department recommends that the proposed changes to Title 5 of the Town
Code be forwarded for Council consideration at an August 21, 2007 public hearing.
{00005453.DOC /1 7/12/2007 C1H
N 0
TOWN COUNCIL
TOWN OF MARANA ;RA;%
MEETING 11 7
INFORMATION Q
ApZo"P,
MEETING DATE: July 24, 2007 AGENDAITEM: 1.1
TO: MAYOR AND COUNCIL
FROM: Cedric Hay, Senior Assistant Town Attorney
SUBJECT: Resolution No. 2007-130; Relating to Building; authorizing
renewal of an intergovernmental agreement between the Town of
Marana and the Office of Manufactured Housing within the
Arizona Department of Fire, Building and Life Safety.
DISCUSSION
The State Office of Manufactured Housing (OMH) is charged with maintaining standards of
quality and safety for manufactured homes in the State pursuant to A.R.S. § 41-2151 et seq. This
section also authorizes the Assistant Director of OMH to enter into agreements with local
agencies to enforce the installation standards of OMH in their respective jurisdictions. In 2002
the Mayor and Council entered into such an agreement, recorded by the Pima County Recorder
in Book 11733 page 2493 as Resolution 2002-08. This agreement had a five year term and will
expire in 2007.
The attached Intergovernmental Agreement renews the previous agreement and authorizes the
Town of Marana Building Director to execute the agreement and any future renewals on the
Town's behalf.
RECOMMENDATION
Staff recommends that the Mayor and Council adopt Resolution No. 2007-130, approving the
IGA with the Office of Manufactured Housing to provide for cooperative enforcement of their
installation standards and authorizing the Building Official to execute this agreement and any
future renewals on the Town's behalf.
ATTACHMENT(S)
IGA with Arizona State Office of Manufactured Housing
SUGGESTED MOTION
I move to adopt Resolution 2007-130.
100005472.DOCI?
CIH 7113107
MARANA RESOLUTION NO. 2007-130
RELATING TO BUILDING; AUTHORIZING RENEWAL OF AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE TOWN OF MARANA AND THE OFFICE OF
MANUFACTUED HOUSING WITHIN THE ARIZONA DEPARTEMNT OF FIRE,
BUILDING AND LIFE SAFETY.
WHEREAS the purpose of the Office of Manufactured Housing (OMH), pursuant to
A.R.S.§ 41-2151 is to maintain standards of quality and safety for manufactured homes, factory-
built buildings, mobile homes, recreational vehicles and installation of manufactured and mobile
homes; and
WHEREAS the Assistant Director of OMH has been directed by A.R.S. § 41-2153(B)(5)
to enter into agreements with local enforcement agencies to enforce the installation standards on
their respective jurisdictions with the installation standards of OMH; and
WHEREAS the Mayor and Council of the Town of Marana previously entered into such
an agreement, recorded with the Pima County Recorded in Book 1173 3 page 2493 as Resolution
2002-08 and set to expire in 2007; and
WHEREAS it is mutually beneficial to both OMH and the Town of Marana to renew this
agreement so as to eliminate unnecessary duplication of inspections regarding installation
standards within the Agency's jurisdiction.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, that the Intergovernmental Agreement attached to this
Resolution as Exhibit A and incorporated herein by this reference is hereby approved.
BE IT FURTHER RESOLVED that the building director for the Town of Marana is
hereby directed and authorized to sign this renewal and future renewals on the Town's behalf.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 24th day of July, 2007.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Cedric Hay, Senior Assistant Town Attorney
(00005430.DOCI) CIH 7109107
A. G. Contract Number
(Manufactured Home)
AGREEMENT
BETWEEN
OFFICE OF MANUFACTURED HOUSING WITHIN THE
ARIZONA DEPARTMENT OF FIRE, BUILDING AND LIFE SAFETY
AND
Town of Marana
(To Enforce Instatlation Standards)
This AGREEMENT CAgreement") is entered into this Ist day of March, 2007_, by
and between the OFFICE OF MANUFACTURED HOUSING WITHIN THE ARIZONA
DEPARTMENT OF FIRE, BUILDING AND LIFE SAFETY C'OMH") and the Town Of
Marana C'Agency").
WHEREAS, pursuant to A.R.S. § 41-2151 the purpose of OMH is to maintain standards
of quality and safety for manufactured homes, factory-built buildings, mobile homes, and
installation of manufactured and mobile homes.
WHEREAS, A.R.S. § 41-2153.13.5 directs the Deputy Director of OMH to enter into
agreements with local enforcement agencies to enforce the installation standards in their
respective jurisdictions consistent with the installation standards of OME; and
WHEREAS, it is the desire of both parties to eliminate unnecessary duplication of
inspections regarding installation standards within the Agency's jurisdiction;
NOW, THEREFORE, in consideration of the premises and mutual promises and
undertakings herein contained, and for other good and valuable consideration, the parties agree
as follows:
I - Monitodn and Enforcement. For the duration of this Agreement, the Agency will
monitor and enforce the installation standards set forth in A.R.S. § 41-2155 and A.A.C. R4-34-
706 as they apply to installation standards and accessory structures.
2. Term. The term of this Agreement shall be for five (5) years from the date of this
Agreement.
ME - I
3. Termination. Either party may terminate this Agreement at any time without cause by
giving the other party thirty (30) days' written notice prior to the date of termination.
Additionally, OMH may terminate this Agreement immediately and without notice, if OMH
determines that the installation standards required in the Agreement are not being maintained, or
that local fees are not consistent with the inspection fees established by the Board of
Manufactured Housing.
4. Standards of Performance. In exercising the authority delegated hereunder the
Agency shall perform to the same standards of performance that the law imposes upon OMH in
exercising the authority described in section I hereof. In addition, the Agency shall not approve
any installation, except those done personally by the owner, unless the installer affixes a State
Insignia of Approval as required by A.A.C. R4-34-802.A and pays to the Agency the fee
established in the fee schedule required by A.A.C. R4-34-501.
5. Fees Charged by the Agency. Permit fees charged by the Agency shall be the same
as the Fee Schedule of A.A.C. R4-34-501 and R4-34-801. All fees collected by the Agency shall
be kept by the Agency as compensation for the services performed by the Agency under this
agreement. The Agency shall not be entitled to any other compensation for services rendered by
it under this Agreement.
6. OL??rshi? Propgrty Aqguired by Fees. Any property that may be acquired by the
Agency with the fees received by the Agency under this Agreement shall be the property of the
Agency.
7. Oualifications of Personnel. The personnel that perform the functions delegated to
the Agency in paragraph I hereof shall each have no less than one year of experience as a
building code inspector or manufactured housing installation inspector.
8. Duties of OMH. Should OMI-I require inspection's of any portion of the installation
of mobile, manufactured homes or accessory structures not required by the Rules referred to
herein and not covered under this Agreement, OM]F1 shall be responsible for the inspections and
enforcement thereof.
9. Notices. All notices shall be mailed or delivered to the party to receive such notice to
the following address.
a. If intended for OMH to:
Office of Manufactured Housing
Department of Fire, Building and Life Safety
I I 10 West Washington, Suite #100
Phoenix, AZ 85007-2935
Attn: Gary Grounds
Title: Deputy Director
Phone: (602) 364-1003
NW-2
b. If intended for Agency, to:
Town of Marana
11555 W Civic Center Dr Bldg A2
Tucson AZ 85653-7003
Attn: 7T
Title: t t-
Phone:
10. IpIppretation and Amendments. This Agreement contains the entire agreement
between the parties hereto. This Agreement shall not be amended or modified in any manner,
except by an instrument in writing signed by the parties hereto.
11. Headings. Headings are for convenience only and are not to be construed as part of
this Agreement.
12. Invalidi of a Term. The parties agree that in the event any term, covenant or
conditions herein contained should be held to be invalid or void, the invalidity of any such term,
covenant or condition shall in no way affect any other term, covenant or condition of this
Agreement.
13. Dispute. In the event of any dispute between the parties under this Agreement, the
parties agree that they shall submit the dispute to arbitration pursuant to A.R.S. §§ 12-133.1) and
12-1518 et seq.
14. Inspection and Audit. Pursuant to A.R.S. § 35-214, all books, accounts, reports, files
and other records relating to this Agreement shall be subject at all reasonable times to inspection
and audit by the State of Arizona for five (5) years after completion of this Agreement. Such
records shall be produced at the Auditor General's Office or such other office as the parties
hereto may mutually agree within a reasonable tune after request.
15. Conflict of Interest. The parties acknowledge that this Agreement is subject to
cancellation by the Governor of Arizona pursuant to A.R.S. § 38-511, the provisions of which
are incorporated herein.
16. Prohibition Agdpg Discrimination. In the event that it applies, the parties agree to
comply with the Arizona Governor's Executive Order No. 99-4.
17. Governing Law and Venue. This Agreement shall be governed by and interpreted in
accordance with the laws of the State of Arizona. The exclusive venue for any litigation,
arbitration, administrative hearing or the like concerning this Agreement or any matter arising
therefrom shall be in Maricopa County, State of Arizona.
MH-3
18. Unavailability of Funding. Every payment obligation of the State or OMH under this
Agreement is conditioned upon the availability of funds appropriated or allocated for the
payment of such obligation. If ftmds are not allocated and available for the continuance of this
Agreement, this Agreement may be terminated by the State or OMH at the end of the period for
which fimds are available. No liability shall accrue to the State or OM]FI in the event this
provision is exercised, and neither the State nor OMIFI shall be obligated or liable for any future
payments nor for any damages as a result of termination under this paragraph.
19. By entering into this IGA, the Agency warrants compliance with the Federal
Immigration and Nationality Act (FINA) and all other Fedeml immigration laws and regulations
related to the immigration status of its employees. Tlie Agency shall obtain statements from its
subcontractors certifying compliance and shall ftunish the statements to the Procurement officer
upon request. The Agency and its subcontractors shall also maintain Employment Eligibility
Verification forms (1 -9) as required by the U. S. Department of Labor's Immigration and Control
Act, for all employees performing work under the IGA. 1-9 forms are available for download at
USCIS.GOV The State may request verification of compliance for any contractor or
subcontractor performing work under the IGA. Should the State suspect or find that the Agency
or any of its subcontractors are not in compliance, the state may pursue any and all remedies
allowed by law, including but not limited to: suspension of work and/or termination of the IGA
for default. All costs necessary to verify compliance is the responsibility of the Agency.
IN WITNESS WHEREOF, the parties hereto agree to carry out the terms of this
Agreement and have executed this Agreement the day, month and year first wntten
above.
OFFICE OF MANUFACTURED HOUSING
Name:
Gary Grounds, Deputy Director
Office of Manufactured Housing
Department of Fire, Building and Life Safety
AGENCY:
Name:
This Intergovernmental Agreement has been reviewed by the undersigned attomey for the
Agency who has determined that it is in appropriate form and within the powers and authority
granted by law to the Agency designed herein.
APPROVED this _ day of
BY:
(Rev 12/4/2006)
Public Agency Legal Counsel
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MINUTES OF REGULAR COUNCIL MEETING
MARANA MUNICIPAL COMPLEX
DATE: JUNE 26,2007
PLACE AND DATE
Marana Municipal Complex
A. CALL TO ORDER AND ROLL CALL
By Mayor Honea at 6:00 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/MONIENT OF SILENCE
Led by Mayor Honea. Mayor Honea asked to remember the nine firefighters killed in the fire
in South Carolina last week.
C. APPROVAL OF AGENDA
Upon motion by Council Member Clanagan, seconded by Vice Mayor Kai, item J-7 moved
to second item on Council Action was unanimously approved.
D. CALL TO THE PUBLIC
Terri Winger addressed Council regarding Michael Allison who will be a senior this year at
Marana High School. His family has roots in Marana going back to when it was a part of
Mexico. He is a championship bull rider. His freshman year, he ranked 41't in the nation. He
was second place in the state championship for bull riding and he qualified for the high
school national finals. In his sophomore year, he took the Arizona state title in bull riding. He
represented Arizona at the national championship and there out of 1600 riders he finished
second. He also finished second at the international youth finals held in Oklahoma. In his
junior year, he again took the Arizona state title for bull riding and he also took the reserve
bareback championship, as well. He is on his way July 3 rd to the national championships and
from there he will go directly on to the international championships. It is a huge burden on
his family. Last year his expenses totaled about $3,600 because he is on the road two to four
weeks. His father is a fanner. Ms. Winger is asking Council for any possible financial
support for Mr. Allison.
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MINUTES OF REGULAR COUNCIL MEETING
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DATE: JUNE 26,2007
Mr. Allison addressed Council and stated he is on his way to Oklahoma and Illinois to
represent the state of Arizona and the town. He stated he is asking for sponsorship help for
expenses to get there and to try to win.
Council Member Ziegler left the dais for the audience. Ms. Ziegler stated that Council
Member Escobedo was stopped by DPS the other night for DUI. As the member of the Town
Council, and a member of the community, she stated at this time she would like to ask for his
resignation. She stated she acknowledges that he is going to seek help, but in the past we
have had some problems and fumbled the ball and did not want to perpetuate that.
E. PRESENTATIONS
1. Relating to Personnel; approving and authorizing the
Employee Performance Management System (Mike Reuwsaat)
Mr. Reuwsaat gave an overview of the performance management system. It is
an opportunity for the community down to every employee to participate in
identifying what they do and tying it into the core values that we are currently
surveying the public with. We've had the same evaluation system for a number
of years. It hasn't led very well to actual goals and objectives that tie into the
core values and to the work program. They have been working for about six
months to develop this perfon-nance managernent system. It is four stages,
performance planning, coaching, evaluation and rating and education and
training. It sets clear communication and expectations. It supports our core
values. It creates a dual role where the manager and employee identify and
work together to establish expectations and agree upon them for the following
year. If there are areas where the employee is not meeting the expectation it
provides a coaching plan, provides education and training and defines strengths
and weaknesses of employees. From a performance standpoint the tasks are
going to be job description based. Job descriptions will be changed because
they will be going to the specific duties and work that is expected of each
employee. There will be an understanding of who will be involved in the
evaluation process. They will be looking at key areas that connect to what is
important in the job and what service is provided to provide the type of service
that is expected to meet the needs of the citizens of Marana. From evaluation
and ranking standpoint, now, the date you are hired a year from then you are
evaluated. All supervisors will be evaluating all the people responsible to them
in the same month. Education will be incorporated into the evaluation process.
There will be mandatory education and training for all supervisors. He stated
there will be more accountability and more transparency both internally and
externally with this new process. The merit increase will go into effect January
I't for all employees that have met expectations. It will be a two year process to
get the system implemented.
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MINUTES OF REGULAR COUNCIL MEETING
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DATE: JUNE 26,2007
2. Police Department Update (Barbara Harris)
Chief Vidaurri addressed Council and gave the floor to Assistant Chief Harris
for a presentation on community-based problem-oriented policing. This came
about in March, 2007. At the department day away, all the command staff and
first line supervisors were brought together where they spoke of the direction,
philosophy and assignments and approaches to a whole new way of doing
business within the organization. Over a period of time there has been exchanges
of information, meetings with not only supervisors, but first line people on the
street, people behind the scenes, both civilian and sworn staff have had an
impact. A new vision, mission statement and values that the department will be
approaching came out of the day away. They established new goals and
objectives for the new fiscal year. Chief Vidauiri introduced the lieutenants.
Assistant Chief Harris addressed Council and used a power point presentation to
underscore the specific elements of the police vision and methodology for
achieving success. The values are service, professionalism and integrity. The
department mission statement is the Marana Police Department will work
cooperatively with our community to provide a safe place to live, work and visit.
The strategic goals are to create and implement a community partnership plan,
create and implement a career development plan. They want to facilitate internal
communications and facilitate external communications; provide exemplary
internal service and external service to the community; are working on a
strategic plan for the department; capital improvement identification; and grant
programs.
Community policing has to be institutionalized within the department and that is
what they are starting to do. The technical services division is working on a new
software system. They are involved in the Pima County wireless integrated
network wbich would give interoperability to all of the agencies within in Pima
County; and communication area reconfiguration relative to dispatch.
They plan to work with other town departments and form additional community
partnerships to assist in problem solving and organizational transfon-nation.
ANNOUNCEMENTS/UPDATES
PROCLAMATIONS
Mr. Davidson introduced the new building official John Huntley.
Mr. Ellis addressed Council and stated the Parks and Recreation department had received a
$2,000 donation from the Foothills Optimist Club for the Aquatics Division to provide
seasonal swim passes for kids who otherwise would not be able can purchase them.
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MINUTES OF REGULAR COUNCIL MEETING
MARANA MUNICIPAL COMPLEX
DATE: JUNE 26,2007
F. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS
Council Member Ziegler stated she had a luncheon meeting with Sharon Bronson, Marana's
representative for this district.
Council Member Escobedo read a prepared statement he prepared and apologized regarding a
recent incident. He stated that at this time he will not resign. He stated he has spoken with the
town attorney in reference to a leave of absence. He stated his understanding of the law that a
council member can be absent from the dais for up to three months. He stated in the
counseling he is going through, it will be determined what that time will be, and he will give
a report to everyone.
Mayor Honea asked everyone to come to the 4 1h of July celebration.
G. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS
H. STAFF REPORTS
Mr. DeGrood addressed Council and stated Charlie Magnum, the airport director, has been
named by Tucson Business Edge as one of the finalists for the '40 under 40' award.
GENERAL ORDER OF BUSINESS
1. CONSENT AGENDA
1. Resolution No. 2007-116: Relating to Development; approving and
authorizing a final plat for Ina Auto Car Care center (Kevin Kish)
2. Resolution No. 2007-117: Relating to the Tangerine Farms Road
Improvement District; approving and authorizing a contract with NBS
Government Finance Group to provide special assessment administration
services (Erik Montague)
Upon motion by Council Member Escobedo, seconded by Council Member
McGorray, the Consent Agenda was unanimously approved.
J. COUNCIL ACTION
1. PUBLIC HEARING. Resolution No. 2007-118: Relating to Budget:
adoption of the Fiscal 2007-08 Final Budget (Erik Montague)
Mr. Montague addressed Council and stated on June 12, 2007, the tentative
budget was adopted for the fiscal year 2007-2008. That effectively sets the
expenditure limitation or cap total expenditures that the town may be able to incur
for next fiscal year. In accordance with state statute the town has advertised in a
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MINUTES OF REGULAR COUNCIL MEETING
MARANA MUNICIPAL COMPLEX
DATE: JUNE 26,2007
general publication of general circulation notice of hearing to provide or allow the
public to review and provide comment on the proposed budget.
There is one minor change in the budget with respect to the position count. After
submission of the tentative budget they identified a correction of a calculation on
the full-time equivalent. In the documentation for tentative budget the number of
FTE projected was 364.5. There was a reduction of 2.5 associated with the
consolidation of some positions within the Parks and Recreation Department.
There was no financial impact. The reason for that is the calculations associated
with those were distinct and separate from the calculation of positions or position
control. After the public hearing, Council will have the opportunity to approve the
budget. If approved, staff will work to compile a detailed budget for public
presentation, as well as a detailed departmental budget.
Upon motion by Council Member Escobedo, seconded by Council Member
Comerford, Council voted to adopt Resolution No. 2007-118 was unanimously
approved.
7. Discussion of Bobby Sutton indemnification agreement (Frank Cassidy)
Mayor Honea stated he placed this item on the agenda, trying to show members of
the public and the press that Marana is a transparent municipality. He stated there
were a lot of accusations in regard to this issue. He then asked Mr. Cassidy to
continue with the presentation of the item.
Mr. Cassidy stated that on April 26, 2005, he was called upon to give legal advice
relative to then Mayor, Bobby Sutton, in light of his indictment under the Hobbs
Act. The allegation that was made in the Hobbs Act prosecution was that in his
position as mayor, Mr. Sutton had basically extorted Waste Management. He
stated based on the town code provision which provides for defense of public
officials acting within the scope of their office, it also provides for the town to pay
for that defense as time goes on. He provided a defense cost agreement completed
December 1, 2003, which provided for the defense costs to be paid as they were
incurred, but it recognized that because governments are prohibited from paying
defense costs in the event of a conviction. It provided for repayment of those costs
in the event lie was convicted.
In April, 2005, there was an indictment and upon reading the indictment, Mr.
Cassidy stated he felt there was a reasonable argument that Mr. Sutton was not
acting based on the allegations within the scope of being mayor even though that
was the allegation. Mr. Cassidy stated he discussed with Mr. Reuwsaat a different
approach which was recommended to Council. It was an approach that essentially
ignored the part of the code that said we'd pay the defense costs as we go and
instead proposed an agreement to refund defense costs if he was exonerated of all
charges and he was found to be acting with the scope of being mayor. That
agreement was approved by Council. On May 5, 2005, Mr. Sutton signed and
returned the agreement to the town. The issue that could have arisen is he could
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MINUTES OF REGULAR COUNCIL MEETING
MARANA MUNICIPAL COMPLEX
DATE: JUNE 26, 2007
have brought a lawsuit to say our obligation not only under the code, but under
common law is to defend me because his allegation is 'I was meeting with Waste
Management in my position as mayor therefore you have to defend me.' If he had
decided to litigate at that point we would have started incurring costs defending
that civil litigation. The agreement avoided that.
The agreement provides that if he ends up being exonerated then he can seek his
reasonable attorney fees. There is another step that there has to be proof that he
was acting within the scope. It may be as a result of the criminal case there may
not be enough evidence that comes out of that actual case for us to determine
whether or not he was acting within the scope. One of the defenses to a Hobbs Act
claim is for a public official to say well it's obvious that I was not acting or
purporting to act within the scope of my duties. If Mr. Sutton takes that defense
and ends up being exonerated we will pay nothing. Up until now we have paid
nothing. Mr. Cassidy stated that this is the logical approach. There may be a
different approach that may be better, but Mr. Cassidy stated this is the logical way
to go. We will not have to pay anything if he's convicted of anything, if he pleads
guilty to anything associated with this and it certainly delays the issue of attorney
fees until the end even if he is totally exonerated because we will have another
opportunity to debate and perhaps litigate if necessary the question of whether
even with an exoneration his actions were within the scope of his duties.
Mayor Honea stated a lot of issues have come up that Council was acting
irresponsibly. He stated the code liad been in effect since 1996. He stated if we
went by the ordinance which is still in effect today we would have been paying
legal fees upfront and if the individual is found guilty they are responsible to pay
the money back. He stated some trials can go on for years and the individual is
found guilty you might not be able to get the money back. By making the new
agreement which Mr. Sutton signed, we wouldn't pay anything upfront. The only
way he will be paid legal fees is if he is found not guilty acting in his position as
mayor. The town has not spent anything on the Sutton litigation.
Council Member Clanagan stated that the court will only make the determination
of a person's guilt or innocent and asked who and when and under what
circumstances will it be determined that he was acting in the scope of his duties as
the mayor.
Mr. Cassidy stated it is unlikely in the criminal case that issue will be determined.
It is possible it will be determined. The way it could be determined is an element
of the Hobbs Act crime on extortion of a public official is that they have to be
shown as having abused their official position, so if the defense is that they were
not even asserting their official position it will simply be a matter of purchasing
the transcript. It if is not that clear it is going to take a separate legal proceeding if
we believe that we still should not have to pay because we believe that whatever
he did relative to the Waster Management issue was not within the scope of his
duties as mayor. That will have to be the subject of a separate civil litigation. The
reason that this was the preferable approach was if we had not come to some
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MINUTES OF REGULAR COUNCIL MEETING
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DATE: JUNE 26, 2007
resolution we could have had that litigation begin and we could have incurred fees
on a civil case of that subject starting at that time. If we had taken the risk and he
didn't sue us for that then maybe we would have been better off than we are today,
but that was a judgment call at the time. The problem with a civil case having been
filed at that time, May 2005, would have been that it is likely a judge looking at a
civil case paralleling the criminal case might have said we're not going to make
these two proceedings go at the same time and we would have incurred our own
fees and perhaps had to paid his fees on the criminal case pending that time. It is
very hard to tell in the absence of an agreement what a judge might do so it was a
judgment call at the time.
Council Member Clanagan stated he believes that if this had of been brought out in
this form 26 months ago that all of the discussion, misinformation, and
misunderstanding probably could have been prevented.
2. Ordinance No. 2007.17: Relating to Building; adopting by reference the 2006
International Fire Code with local amendments; amending Marana Town
Code Title 7 by revising section 7-1-2 and establishing an effective date (John
Huntley).
Mr. Huntley addressed Council and stated the Fire Marshal for Northwest Fire
District was present to answer any questions regarding adoption of the
International Fire Code. In conjunction with Northwest Fire, Mr. Huntley is
recommending adoption by reference the 2006 International Fire Code including
local amendments through approval of Ordinance 2007.17. This addition of the
fire code is in concert with provisions contained within the 2006 international set
of building related codes which were adopted by the town through Ordinance No.
2006.33. Adoption of the 2006 addition of the International Fire Code will
complete transition to the most up to date technical building related code set for
this jurisdiction. Adoption of this code will place the town on equal footing with
other jurisdictions. The Southern Arizona Homebuilders Association has
expressed a desire to study the impact adoption of this code will have upon the
housing industry within the town. Therefore, he is recommending a decision
regarding adoption of Ordinance 2007.17 be postponed for approximately 45
days. This postponement will allow further study and discussion between the
town, Northwest Fire District and the Southern Arizona Homebuilders
Association.
Upon motion by Council Member Clanagan, seconded by Council Member
Escobedo, this item was unanimously tabled for 45 days.
Resolution No. 2007-119: Relating to Building; declaring the International
Fire Code, with local amendments, to Town Code Title 7 adopted by Marana
Ordinance No. 2007.17 as a public record filed with the Town Clerk; and
declaring an emergency (John Huntley) No action was necessary.
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MINUTES OF REGULAR COUNCIL MEETING
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DATE: JUNE 26,2007
3. Resolution No. 2007-120: Relating to Streets; approving and authorizing a
proposed alignment for the extension of Marana Main Street north of Grier
Road (Gilbert Davidson)
Mr. Davidson addressed Council stated this issue is very important particularly
for the future of Marana's downtown. A number of business and property owners
are present that are directly and indirectly affected by the proposed road
alignment. He thanked them for their efforts in this process. Due to the increased
traffic volumes which is approximately 40,000+ trips per day following back and
forth on Marana Road beginning to impact the Marana interchange we could
begin to recreate other areas to the south that have major congestion problems.
They wanted to make sure they design it so it has as much capacity and free flow
as possible. This realignment of Marana Road into the interchange disconnects
Sandario Road as it is today. The concern that has been raised is the businesses
will be disconnected from that volume of traffic that will be flowing on Marana
Road once it is complete. Understanding that they started a series of meetings to
come up with some solutions and he discussed several scenarios. Their goal has
been to engage with the business owners to try to think about the future of
investing in a brand new downtown and how would we do that. There are a
number of different ways from the types of amenities that we want to try people
into the downtown, the business assistance program and working with the
developers in this area to add additional value so more people will want to come
and visit our downtown area.
Representatives from Napa Auto Parts R & R Pizza and Pierce Automotive
addressed Council on this issue and noted long-standing relationships and
business interests in the community. Collectively, they stated that to give a retail
business a right in, night out only is going to cut them off from the freeway and
each of their businesses receives five to ten customers a day right off of the
freeway, especially for people that are having vehicle problems. They won't have
the time or inclination to go find them in the middle of an industrial area. Mr.
Mike Pierce stated when they bought their businesses they bought retail
businesses not wholesale businesses. He stated this will be too much of a
restriction for their businesses. He stated this is not a resolution for anybody in
business including other business owners that he speaks to on a regular basis
about what they are doing to turn their retail businesses into a cul-de-sac
wholesale area.
Mr. Pierce stated right from the beginning he has asked why we need to close
Sandario Road and no one has answered that question. He stated they would be
cut off of direct access to the freeway. They get a lot of business from the
freeway. He stated he has given Fernando Prol plans of how they could do this
(realignment) and keep Sandario open. He stated his idea has never been put on
paper.
Mr. Davidson stated that the fact remains they have to do something with Marana
Road. They have already placed that condition on a developer that they have to
MINUTES OF REGULAR COUNCIL MEETING
MARANA MUNICIPAL COMPLEX
DATE: JUNE 26,2007
rebuild the entire road at their cost. They have tied certain conditions to them
being able to proceed with the project to getting this road completed. He stated
they worked through many options including the one that was supplied by Mike
Pierce, which was sent out to a third party consultant for review.
Mr. Brann addressed Council and stated once the determination was made that
Marana Road was ultimately going to carry 40,000 vehicles a day and needed to
be realigned to the interchange, that set in motion the need to cut off Sandario
from having direct access. ADOT and federal highways for interchanges want the
first access to be a half mile from the interchange. The town has lobbied and has
gotten that reduced to a quarter mile spacing in the past. Tangerine Farm Loop
Road is actually the half mile signal. With ADOT and federal highways not
allowing full access openings except at the quarter mile, there is going to be a
median on Marana Road and that is why Sandanio would be a right in, right out.
He stated they took Mr. Pierce's proposal to a local traffic consultant. They had
him model it. A report was prepared by the consultant and his recommendation
was not to utilize that. The whole reason for connecting Marana Road directly to
the interchange was to avoid a triple left scenario. One of the failures of Mr.
Pierce's scenario was that if Marana Road was split and drawn to Sandario it
would have that same tripe left issue. The ultimate improvements to Sandario
Road based upon traffic requirement and modeling in the town shows that
Sandario Road will survive as a two lane road as the town builds out, but a two
lane road cannot accept a triple left turn lane so that was another draw back of his
scenario.
Vice Mayor Kai asked about the possibility of a collector street and Marana Main
Street if that whole road is moved south towards Mr. Pierce's property and the
NAPA property that would give them a four way intersection which is conducive
to property values.
Mr. Brann stated they have looked at that in the past. They looked as you draw the
roadway to the south it can end up becoming somewhat of an operational issue
with Reyher that comes up and then connects into Sandario Road. It wouldn't be
impossible to move it to the south. We would probably then tie Reyher directly
into the Marana Main Street. He stated staff would be happy to entertain this
roadway shifting within the couple hundred feet. That is a component they are
showing in the preferred option.
Mr. Davidson stated they have had meetings with the business district owners on
site and off site where they discussed alignments over the past one to two years.
Council Member McGorray asked what the final condition of Sandario would be
in front of these stores that are there presently.
Mr. Davidson stated what they have been trying to do is make sure that our
existing businesses ultimately benefit from whatever the improvement is. Every
time they have had a developer looking at property they talk and state they are
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DATE: JUNE 26,2007
going to be investing in our downtown and helping all the businesses that are
there be whole and viable. The person or entity responsible for Sandario most
likely will be the old cotton gin site. They have a requirement as part of their
zoning that they will do the Sandario Road along the business frontage area. That
means it will be three lanes, center turn lane, sidewalks, landscaping, street
lighting and what goes along with a major road improvement project. The Marana
Main Street loop that ties up to Marana Road they are looking at a combination of
different funding sources. They have all committed that they will help invest and
help build the road networks which is the sidewalks, the lighting, signage,
landscaping, the works that goes with the actual road construction.
Upon motion of Council Member Escobedo, seconded by Council Member
Clanagan, this item was unanimously tabled to a study session in July.
4. Resolution No. 2007-121: Relating to Public Works; authorizing the
submittal of an application to the Arizona Department of Transportation for
the completion of the Santa Cruz River Shared Use Path and approving cash
match funding for the project (Barbara Johnson)
Ms. Johnson addressed Council and stated this resolution deals with an
enhancement grant which comes out of ADOT and is designed to handle those
enhancements that surround roadways, but there is no road work involved. The
shared use path along the Santa Cruz River is about a three mile street and is
phase three. This will provide the final conDection through our community and
offer alternates for people to ride their bikes or walk through communities,
neighborhoods and to commercial centers. Once that is completed that will trigger
a finance section of the trail that goes about 7/10 of a mile east. It is a 14 foot
wide path. They are asking for authorization to file the grant. There is a 5.7
percent inatching funds with this type of grant which amounts of a little over
$30,000. The total project cost is $1.1 million.
Upon motion by Council Member Ziegler, seconded by Council Member
Clanagan, Resolution No. 2007-121 was unanimously approved.
5. Resolution No. 2007-122: Relating to Public Works; authorizing the
submittal of an application to the Arizona Department of Transportation for
the completion of sidewalks on Silverbell Road and approving cash match
funding for the project (Barbara Johnson)
Ms. Johnson stated this is an enhancement grant. This is for a portion of the
sidewalks on Silverbell Road that are not covered by the homeowners association
or development agreement in place for the sidewalks and guardrails that are
necessary. They are asking for authorization to file the grant and the commitment
for the 5.7 percent cash match.
Upon motion by Council Member McGorray, seconded by Council Member
Escobedo, Resolution No. 2007-122 was unanimously approved.
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6. Resolution No. 2007-123: Relating to Parks and Recreation; authorizing the
recreation of a Recreation Services Annex in Continental Ranch and
authorizing the execution of a lease agreement with Coachline Shops, L.L.C.
for commercial space to house the Annex (Tom Ellis)
Mr. Ellis addressed Council regarding executing a contract between the town and
Coachline Shops. As they have continued to expand the recreation programs,
specifically the special interest classes, one of the problems they have is they do
not have any covered space in which to offer their playroom program, exercise
classes or special interest classes. They have borrowed space that has been offered
through some of the local churches: Northwest Medical and Northwest Fire Union
Hall. Those are short term agreements. There is a finished space available at the
Coachline Shops which are at the intersection of Coachline and Twin Peaks. They
did a survey and found the asking price for the monthly rental is in line and
competitive. It is a 1200 sq. ft space. It would house the playroom program,
exercise classes and special interest classes in the evenings and weekend. They are
asking to enter into a three year lease. They have worked a lease out with the
Marana Unified School District on four acres close to Coachline and Silverbell.
They will start developing a plan to put a community building on that site to move
these programs into so they have asked for a three year lease to give them an
opportunity to get that facility up and running.
Upon motion by Council Member Escobedo, seconded by Council Member
Comerford, Resolution No. 2007-123 was unanimously approved.
K. ITEMS FOR DISCUS SION/POSSIBLE ACTIO-N
L. BOARDS, COMMISSIONS AND COMMITTEES
M. EXECUTIVE SESSIONS.
Upon motion by Council Member Clanagan, seconded by Vice Mayor Kai, Council
voted to convene to Executive Session.
1. Executive Session: Relating to property acquisition; requesting direction
and bidding instructions from the Mayor and Council for the Arizona State
Land Department auction of approximately 90.71 acres of land adjacent to
the Marana Regional Airport and including portions of the runway safety
zone (Jim DeGrood) Action in open meeting:
Upon motion of Council Member Clanagan, seconded by Council Member
Comerford, it was approved 6-0 to submit a bid at auction in the amount
discussed in executive session. Vice Mayor Kai was not present on the dais for
the vote.
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2. Executive Session pursuant to A.R.S. §38-431.03(A)(3),(4),(6) and (7) for
legal advice with the Town Attorney concerning water rights issues and to
consult with and instruct the Town Attorney and the Town Manager
concerning the 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 (Frank Cassidy)
(1) Upon motion of Council Member Escobedo, seconded by Council Member
Comerford, it was approved 6-0 that the Mayor is authorized to execute a letter
relative to the 1979 Pima County Sewer IGA as discussed in executive session.
Vice Mayor Kai was not present on the dais for the vote. (2) Upon motion of
Council Member McGorray, seconded by Council Member Comerford, it was
approved 6-0 that staff is authorized to proceed with the negotiations and
strategies discussed in executive session relative to water resource acquisition.
Vice Mayor Kai was not present on the dais for the vote.
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
0. ADJOURNMENT
Upon motion by Council Member Escobedo, seconded by Council Member Comerford,
Council voted to adjoum.
CERTIFICATION
I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council
meeting held on June 26, 2007. 1 further certify that a quorum was present.
Jocelyn C. Bronson, Town Clerk
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MINUTES OF SPECIAL SESSION MEETING
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DATE: JULY 10, 2007
PLACE AND DATE
Marana Municipal Complex
A. CALL TO ORDER AND ROLL CALL,
By Mayor Honea at 7:00 p.m.
COUNCIL
Ed Honea 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 Excused
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. He asked that everyone remember Mike Reuwsaat as he is in Tucson
Heart Hospital having some tests done.
C. APPROVAL OF AGENDA
Upon motion by Council Member Comerford, seconded by Council Member Escobedo,
reversing of items E. 6 and 7 was unanimously approved.
D. CALL TO THE PUBLIC
David Morales addressed Council and asked that Council Member Escobedo step down for
the good of the town. He stated the town Council wants to raise the bar on developers, police
department and town employees. To do so it must first raise the bar with the town Council.
He talked about the mayor and his position.
E. PRESENTATIONS
1. Discussion and direction concerning proposed implementation of Town of Marana
procedures related to addressing previously done for the Town by Pima County
Development Services (Joe Lettrick)
Mr. Lettrick addressed Council to provide an overview of a proposed addressing ordinance
that they will be bringing back to Council. Historically, the town has contracted and relied
on addressing services to be provided by Pima County Development Services. The county
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had an annual addressing servicing agreement with the town to provide addressing service
at a cost of more than $20,000. In 2006, the county reviewed its
addressing service costs based on a full recovery cost model that would have increased our
annual addressing service costs to more than $ 100,000 annually. The addressing contract
was not renewed in 2006. Town staff started reviewing the possibilities of performing its
own addressing. In March, 2007, they approached Pima County Development Services
with the intent of performing our own addressing for the town. In May, 2007, town
management sent a letter of understanding to Pima County Development Services notifying
them of our plan to assume addressing responsibilities as of July 1, 2007. The proposed
addressing ordinance they are presenting is to ensure that town addressing is performed by
the town for the town in the standardized format.
Mr. Lettrick also stated thatucurrently we have annexed two square miles into Pinal County
and the intent is if we need to address into those two square miles that we would extend the
Pima County addressing grid into those two square miles and address accordingly. Looking
at long term annexation growth into Pinal County we'd need to re-evaluate what we would
want to do with an addressing grid using either Pinal or Pima County's addressing grid and
they each have a grid format.
Council Member Escobedo asked if there would be any problem with Pinal County.
Mr. Lettrick stated he spoke with them last week and nothing has been finalized, but they
have started communication. In Pinal County all of the un-incorporated areas use one grid.
All the cities and towns use their own addressing grid which causes a bit of concern when
those towns or cities try to annex into those county areas and basically everybody would
have to be re-addressed. Pima County has a consistent grid across the entire county.
Upon motion by Council Member Comerford, seconded by Council Member McGorray,
staff was directed to bring to Council for adoption the proposed revisions relating to
addressing services to be handled by the town's GIS staff was unanimously approved.
F. ACTION/DISCUSSION
2. Resolution No. 2007-124: Relating to Development; approving and authorizing a
preliminary plat for Marana 59 (Barbara Johnson)
Vice Mayor Kai declared a conflict of interest.
Mr. Kish addressed Council and stated this item was continued from the meeting of May
16 1h and June 5 1h . During the June 5 1h meeting, Council directed staff to get an
independent traffic analysis which has been conducted. In response to traffic conditions
along Hartman Lane the town contracted with an independent engineering firm to study
the segment of Hartman Lane. Mr. Kish introduced Alejandro Angel who will give a
presentation on the report.
Mr. Angel addressed Council and discussed the findings of the report. The objective was
to take a comprehensive look at the area between Whipsnake and Eaglestone which is
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approximately 2000 feet. There are six side streets in there with various levels of spacing
between them. Even though everything on the west side of the road is in Marana
jurisdiction, the road and all the properties on the east side of Hartman Lane are in Pima
County. They collected daily traffic volumes and peak hour traffic volumes in this area
for everyone of the side streets. The peak periods were between 6:30 and 8:30 a.m. and
4:30 and 6:30 p.m. They evaluated the travel speeds in the area. They performed an
analysis of the crash records they received and went out to the field several times to
verify the conditions. They forecasted future conditions and identified improvements.
The first findings were made in relation to the roadway conditions. The road is two lanes
and it has a continuous left turn lane north of Cottonmouth. There are curbs and
sidewalks on the east side of the road. There is none on the west side. If you have to
brake for a car in front of you there is no shoulder on the cast side to go into. There is no
street lighting and the pavement markings need some improvement. If you are driving
Hartman Lane the side visibility meets all the requirements of all the engineering
standards, but as you're driving northbound sometimes you lose cars as they go into the
dip. The dip is right next to the drainage pipe on the east side of the roadway. At several
of the side streets there is vegetation that limits the visibility of drivers coining out of the
subdivision, in particular, Eaglestone and Cottonmouth. They counted approximately
7,200 cars south of Overton. They adjusted the volumes for seasonal variation. They
came up with 7,300 vehicles south of Overton and a little over 5,700 vehicles per day
once you get north of Overton. They couldn't look at school traffic because school is not
in session, but they did estimate the traffic from DeGracia using a traffic engineering
book and it is approximately 300 vehicles a day on Hartman. They found seven crashes in
the last two years. The majority of those were rear-end collisions. The crash rate today is
higher than the Pima County average. Travel speed is 35 mph. During the peak period the
average speed is about 40 mph. The 85 percentile speed which is a common measure of
faster speeds on the roadway they found that the 85 percentile speed is more than 45
mph. During some periods it gets up to 50 mph real early morning and about mid-day.
They assumed traffic growth of five percent for the region and they added the traffic from
Marana 59. They came up with 6,000 cars per day north of Overton and 7600 cars per
day south of Overton. They evaluated the Pima County turn lane warrants based on the
Marana 59 trip generation and they did it based on the true generation book as the
previous study had done, but they also did it based on actual field conditions and trip
generations at the existing subdivisions and none of the cases met the warrants as
identified by Pima County. Some streets did meet warrants for right turn lanes and those
two streets were Faglestone and Overton.
The first recommendation is to trim the vegetation, Cottonmouth and Eaglestone, to
improve the visibility. Re-stripe the roadway and add markers to improve the lane
delineation. This is important because there is no street lighting. Police enforcement
coupled with community education. Consider providing dedicated right turn lanes at
Overton and Eaglestone. Because there so many access points closely spaced it would be
beneficial to have a continuous left turn lane all the way from Whipsnake to Eaglestone
on the south. The warrant isn't met, but there are a lot of factors that combine to make it a
good idea, limited visibility, crash history, speeding, no shoulders, and no street lighting.
There is 90 feet of right of way. Coordinate implementation with Pima County because
they are in the right of way. Because of the presence of the elementary school there needs
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to be coordination to determine if any pedestrian devices are needed. That should be
evaluated based on the number of students using it and funding availability.
Council Member Clanagan asked to have the crash ratio explained.
Mr. Angel stated the crash rate is important as there is a higher than average rate. It is
within one standard deviation of the average. Even though number wise it is a lot more
than the average as relative to all locations. It is not really high. Most of the crashes are
rear-end and rear-end generally result in property damage as apposed to head-on or angle
collisions which result in injuries or fatalities. Therefore, they are weighted heavier than
rear-end collisions. Most jurisdictions look at when evaluating which improvements to
make is what's the cost effectiveness of the improvements. It looks at travel speeds and
volumes. Some crashes are correctable and can be eliminated with an engineering or
enforcement measure.
Ms. Johnson addressed Council and addressed the recommendations. The first one was to
remove and trim vegetation near Cottonmouth and Eaglestone to improve visibility and
stated that has been done. Regarding re-stripping the roadway and adding raised
pavement markers, Ms. Johnson stated they have taken care of re-stripping the roadway.
However, they have to meet with Pima County at a management level because they are
going to ask them to make some corrections that are not mandated by warrant and they
are going to ask the county to take care of that because in our IGA we do not have the
authority. They began police enforcement last week and will continue that to closely
monitor that location. With the dedicated right turn lane at Overton and Eaglestone and
the continuous left turn lane on Hartman, they will be asking the county to invest in that
street, also, the implementation of the improvements with Pima County and the DeGracia
Elementary School pedestrian enhancement to try and enforce that issue through a logical
conclusion. On the basin at Overton and Hartman, she contacted the county and they
agreed to open the basin up prior to the start of the monsoon. They are working on it and
it is not complete yet.
Council Member Escobedo asked Mr. Cassidy to elaborate on what the conditions are on
this project.
Mr. Cassidy stated that the subdivision review process is a ministerial process. Any
denial would have to be based on a particular requirement not having been met in terms
of a code requirement. There are some conditions to approval. Those conditions highlight
existing requirements in our code.
Denise Howard, 9051 Hartman Lane, addressed Council and stated her property borders
the south portion. One of her concerns was the traffic and her other concern was the
water runoff after they blade the property that doesn't increase more flow onto her
property. She stated there is a ridge and she requests that those houses be single story.
She stated having a two story home on the ridge that is quite elevated would devastate the
sky line.
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Julia Corty, 5421 W. Cottonmouth Street, addressed Council and asked that when the
developer comes up to speak that he make a record of his home address. She stated that is
required in the preliminary plat so it is already a matter of public record. She stated there
is a community in Marana where the monsoon rains fall so hard that the land is washed
away and the streets overflow with the flooding waters over the curbs and costs
thousands of dollars in damage each year. Developers argue over who is responsible for
paying for this damage. When the residents of the community leave to go to work they
find Hartman Road closed because it is flooded and there is no ingress or egress during
the monsoon season leaving them trapped in their homes. She stated the total land for this
project has not been surveyed for cultural and archeological resources. She stated
appropriate notifications under 060202A I G of the Marana Land Development code has
not taken place regarding the adjacent municipalities namely Pima County. Pima County
has not been appropriately notified of the projected projects impact on water drainage in a
timely manner sufficient to allow them to respond to the issues. This is especially true of
the water drainage and storin water systems.
As late as yesterday when she spoke with the Director of Pima County Public Works that
individual had no knowledge of this development. Additional time is needed to get
written recommendations from Pima County as provided by the ordinance. She stated she
does not know if plans were submitted to cable companies, school districts, and Pima
County offices as required by the ordinance. She stated much as been made to this
decision being a ministerial act. However, even ministerial acts require notice and due
process. She stated according to ARS 946' ).0 1 C47 indicates a municipality can require
the posting of perfon-nance bonds to assure installation of required drainage, flow control,
and improvements meeting established minimum standards of design and construction.
She stated the town can disapprove of this preliminary plat under Title 6 section 0202C5
if there is adverse topography or periodic inundation. She stated the town can also require
special grading and drainage requirements. She stated consultation needs to take place
with the county flood control district regarding the construction of streets and land
established as being subject to periodic inundation. She stated the town has more than
sufficient justification to deny this plat. She stated that if the plat is approved she wants
the following conditions: an adequate water and drainage plan and consultation with
Pima County. A full archeological and cultural resources review and make that a
contingency. Require a bond for the cost of the water and drainage issues. Require
consultation with the Army Corp of Engineers regarding 404 issues. She stated to Grow
Homes that she has looked at their website. The website talks about working with
neighborhoods and enriching communities. She asked for them to work with the residents
of this area and return phone calls.
Evelyn Manuel addressed Council and stated she is a member of the Toliono O'Odham
Nation. She states she has done research on this project. She lives on the reservation ten
miles west of Sells. She is requesting a full archeological study because if there are
archeological artifacts, as well as cultural artifacts those should be preserved.
Council Member Clanagan asked if the members of the Toliono O'Odham Nation issued
a resolution on behalf of this project.
MINUTES OF SPECIAL SESSION MEETING
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DATE: JULY 10, 2007
Ms. Manuel stated no because they are waiting on the archeological study. When it
comes to the Cultural Affairs office and if there is significant findings then it comes to
the council for recommendation and then from there they issue a resolution. She is not
aware if a full archeological study was done.
Mr. Davidson stated the archeological component is an element that has not been
overlooked and will not be overlooked. It is a part of the governmental process. While the
preliminary plat may be approved that does not exclude the responsibility for the
applicant to do the full studies that may be required by the federal and state government.
Ms. Johnson stated our archeologist has been in touch with the Toliono O'Odham. Ms.
Johnson stated they have made sure they have highlighted the 404 requirements for this
project. They do have to work through the Corp of Engineers, the 404 which brings in
both the state and federal processes and will bring in the Nation.
Mr. Davidson stated the applicant is taking an inherent risk as they move forward with
the plat if they do find something of valuable substance that causes the plat to be changed
they have to go back through a process.
Ms. Johnson stated at this point in time the owner is obligated to deal with the 404 issues
through the Corp of Engineers, state and federal system. The owner is obligated through
that process to deal with a full archeological study. The owner cannot move dirt until he
gets the clearance. Those clearances include everybody from the State Historic
Preservation Office to the Nation and to other interested parties.
Mr. Kish stated there will be assurances. They are typically done with the final plat. Prior
to that if a grading permit is issued there will be a bond associated with the permit for the
site work. They do a distribution of applications. They go to all the jurisdictions, all the
utility companies, flood control district, Pima County Transportation Department, the
school district, etc. They have all been notified of this project through our processing of
applications and distribution on it. There was concern with building height adjacent to
Ms. Howard's property on the south side. With that the Council could suggest that
perhaps lots 5-15 be restricted to single stories. Those would be the lots running along the
southern boundary.
Mr. Cassidy stated since this is not a rezoning case that he didn't think we have the
authority to restrict the number of stories unless there is an existing requirement that says
there is a certain story limitation. That cannot be imposed at this time.
Mr. Kish stated that would be correct that the only restriction would be through the
residential design standards and the limitation of the number of two stories for the project
itself.
Council Member Escobedo asked does a survey mean the same as a full study.
Ms. Johnson stated according to the archeologist when she says she wants a full
archeological workup, study or survey that's all the same thing.
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DATE: JULY 10, 2007
Mr. Cassidy stated the existing code, Title 20 of the Land Development code, is very
clear about those requirements and there is going to no question about it.
Court Gettel, 5645 N. Via Salerosa, Tucson, AZ, owner of Marana 59, addressed Council
and stated to his understanding the Army Corp and the archeological does not have to be
complete before tentative plat approval, but will be a condition upon grading/final plat.
He stated he has been at the plat process for two years and he has done everything
required. He asked for approval.
Council Member Clanagan asked the applicant if he had been in contact with the
neighbors that have tried to contact him regarding this project.
Mr. Gettel stated Grow Homes is not part of this project so they have never contacted
him. He stated no one has contacted him individually.
Upon motion by Council Member Comerford, seconded by Mayor Honea, Resolution
No. 2007-124 subject to staff conditions was approved 4-2 with Council Members
Clanagan and Escobedo opposing.
3. Resolution No. 2007-125: Relating to Economic Development; establishing Core
Values for Economic Development within the Town of Marana (Jim DeGrood)
Mr. DeGrood addressed Council regarding a set of core values that the recently formed
Business and Economic Development Advisory Commission is recommending that
Council consider for adoption. They believe this is one of the first steps in developing our
economic blueprint for the town. The core values that the commission has recommended
are first to partner with business. That the town will be proactive in addressing the
evolving needs of the business community through an open dialog and a spirit of
partnering.
The second is realistic business incentives. The town is in a competitive business
environment and must provide realistic business incentives to make Marana a world class
place to do business. The third is to develop a first class work force. The Town believes
in developing a world class work force and will collaborate with educational institutions
of all types and levels to ensure all work force needs can be met. The fourth is to recruit,
attract, and retain diverse employment opportunities. The town will partner with other
economic organizations engaged in economic development to leverage resources and
maximize opportunities to create a strong and diverse business community. The fifth is a
livable community. The town will create a climate to encourage a wide range of living
opportunities for all and a unique sense of place. The sixth is the highest level of
customer service. The town will provide expeditious and effective responses to business
needs.
Council Member Clanagan noted that Mr. DeGrood has accepted a position with PAG
and will be leaving in a few weeks. He wanted to thank Mr. DeGrood for his commitment
and devotion to the town and his personal mentoring.
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Upon motion by Council Member Escobedo, seconded by Council Member Comerford,
Resolution No. 2007-125 was unanimously approved.
4. Presentation on the Marana Spectrum Specific Plan and development
Agreement (Kevin Kish/Frank Cassidy)
Mr. Kish addressed Council and stated this presentation is intended to familiarize Council
with the proposed Specific Plan and Development Agreement prior to the public hearing.
Marana Spectrum is located at the southwest comer of Camino de Mariana and Linda
Vista Boulevard. The plan is to create a power center or lifestyle center, regional center,
commercial retail center in this area. The center will contain a number of major retailers,
various smaller retailers and national/regional retailers, restaurants and a proposed movie
theater. The power center will also have a main street concept in it. The main street area
contains various minor shops intended to create a village atmosphere, workability
functions, gathering points, a place for outdoor entertainment, and some outdoor seating.
The site is approximately 170 acres. The scenanio focuses on the regional opportunities.
Camino de Mariana runs on its northwesterly side, Linda Vista Boulevard which will be
realigned and I- 10 on the south. The developer feels it is a great location because of the
connectivity and the new interchange coming in to be able to have that regional draw.
The approved Cascada plan sits to the north of the project area. The plan is evolving and
maturing in what the needs are, what the opportunities are and how to address the
dynamic market that is in retail and commercial business. Currently they are looking at
approximately 1,300,000 sq. ft of retail area for this 170 acres. The permitted uses are a
hotel or a motel, a hotel that could be a multi-story. This has the opportunity to have both.
One of the unique things they are looking at is the opportunity for residential, but the
residential would only be in a main street concept where the residential units are only
allowable on a second or third store of a retail/commercial center. In a commercial
development they are not looking at a need to have minimum lot areas. As part of the
specific plan they are going to be adding public art installed within the project. They have
the new panels going in on Cortaro Road and this will have some public art component,
as wel I. Within the plan they have their design guidelines and standards within it. The
design standards will be equal or better than our commercial design standards.
Mr. Cassidy stated the development agreement which is still being negotiated. The
development agreement provides that for all public infrastructure being provided by the
developer the town will reimburse the developer out of sales tax generated from the site
and it's 45 percent of the sales tax would be used for reimbursement and 55 percent stays
with us. They are discussing to what extent construction sales tax is used as part of the
reimbursement. At this point, the town staff and management has directed to only provide
for construction tax reimbursement to the extent the developer funds any portion of the
transportation improvement project beyond those elements that are needed to serve this
project. The reimbursement the way it is written at this point is it goes for 15 years and
begins when there is substantial construction in place. There has to be substantial
construction started basically within three years after the interchange is completed.
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MINUTES OF SPECIAL SESSION MEETING
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DATE: JULY 10, 2007
Council Member McGorray asked if we had made a financial arrangement on the 55/45
percentage on any other shopping centers or entity.
Mr. Cassidy stated they conceptually discussed that with other groups. There is a
reimbursement provision in the Arizona Pavilions area. He believes it is a 50150. State
law was recently rewritten to provide that in any agreement of this type there has to be a
finding made by an independent party and paid for by the town and not reimbursed by the
developer that the town gets a greater benefit than the developer.
Vice Mayor Kai stated we need to make sure during the negotiations of a positive net
return to the town. He stated we need to have a system that says that we are not going to
pay for parking lots or street lights inside the development, but if they are for public
benefit that they would be reimbursed.
Mr. Kish stated they have identified what specific improvements are to be made so there
is a generated list that identifies what improvements would be included under that
reimbursement schedule.
Mr. Cassidy stated all the improvements we have identified are public improvements. He
would say the one item that would be arguable is that under the agreement as drafted is if
the developer makes an environmental mitigation contribution which it does not require
the developer to make if that is made it is reimbursed- Any impact fees that are paid by
the developer would be reimbursable through the 45 percent. Those impact fees that
apply to commercial at this time are water connection fees, etc. Transportation impact
fees do not apply to commercial. The point of the mitigation fee would be to fund
mitigation activities so their feeling was that in fact was a direct public benefit and should
be reimbursable.
Council Member Clanagan stated we need to include facilities for law enforcement
response within this project. An onsite station that can be manned if necessary 24 hours a
day to handle calls for service that is going to be generated by a development of this size.
Mr. Kish stated they will be finalizing the development agreement and specific plan and
coming back in August for presentation and consideration by Council.
5. Presentation on Northeast Benefit Area transportation impact fee (Jim DeGrood)
Mr. DeGrood addressed Council and stated he is bringing a potential new transportation
benefit area for roadways that is currently not within any area that we have a
development impact fee for. They are looking at the northeast area. It is bound by the
Pinal County line on the north. The town limits line on the east and by the Lambert Lane
alignment on the south. To the south of Lambert Lane is the south transportation benefit
area which is generating funds for the new Twin Peaks interchange project. On the east
side it is bounded by I- 10 or the Central Arizona project canal. To the west of the Central
Arizona project canal is the northwest Marana area where there is a development impact
fee in place. Most of the town is within one transportation impact fee area or another.
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There would still be an area that would be outside of anything they've identified an
impact benefit area for. That is an area north of Avra Valley Road and south of the Santa
Cruz River. They have some concerns about the northeast area. There are a number of
environment issues. They have some question about what the ultimate land use make up
will be in the area. They know they have some major transportation corridors that cut
through there and they are going to have some major financial obligations as a result of
the needs to develop those corridors. Projects that are not yet under construction, but they
do have entitlements for are Cascada, Foothills, Hartman Hills and Tangerine Hills. They
are coming up with about 14,000 potential dwelling units within that area of which about
10,700 would be new or currently not in place.
Northeast transportation issues are significant. They have to find funding for arterial
roads. They have to define what Tangerine Road will be in the future. Tangerine Road
crosses many jurisdictions, ADOT, the town, Pima County, Oro Valley all have an
interest. This is a RTA identified project, as well. There are two major RTA projects in
this area, Tangerine Road from La Canada Drive west to 1-10, Camino de Manana/Dove
Mountain realignment also. When the RTA was approved it was approved with the
understanding we would be bringing forward substantial local funds to augment the RTA
funds in the development of these roads. They are looking at about 30 percent of the costs
of these roads at a minimum coming from local funds as identified in the RTA as impact
fee funds. Traffic volumes if developed as per the preferred the land use plan they will be
looking at between a four and six lane roadway on all of Tangerine, Dove Mountain
Boulevard, the extension down to the Twin Peaks interchange being between either an
unpleasantly busy two I ane road or four I ane road. The RTA is only providing funding to
build the first two lanes. Lambert Lane is a roadway that will need to be developed and is
incorporated in their transportation model. It is not funded exclusively by this
transportation model. They are currently designing the Dove Mountain/Camino de
Mariana extension. They expect it to be underway in construction towards the end of the
construction of the Twin Peaks interchange. There is no impact fee that covers this area.
The RTA requires a local match for the funding of both Tangerine and Camino de
Mariana. They are looking at Tangerine Road's link through the town being a six lane
facility. They are looking at a connection road that runs basically between Avra Valley
Road and Tangerine Road. That will serve commercial uses. Lambert Lane will have a lot
of benefit for areas outside of the town so we are only looking at 30 percent of the cost of
that roadway coming from impact fees. Within the town is Thomydale Road between
Naranja alignment and Tangerine Road and that will need improvements. It will see
substantial use from people other than our residents so it is only a portion of that coming
from impact fees. They are looking at a need in this area based on growth outside of the
area and within of about $229 million worth of inftastructure. Of that, they are
recommending that $79 million come from impact fees. They are recommending we look
at an impact fee that is no higher than $6,872 per new residential dwelling unit. They
recognize that certain land uses don't have as much impact as a single family detached
house would. Age restricted communities do not generate the kind of traffic that a single
family mixed neighborhood would so they've discounted the impact fee for that. They
also recognize that multi-family units don't contribute traffic to our road network the way
single family detached do. They have come up with a schedule that ranges from $6,872
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for a single family detached house to $2,500 for a multi-family dwelling within an age
restricted community. In terms of the time line, he suggested they release it next week.
They have received a request from Southern Arizona Homebuilders to consider delaying
it a couple weeks and would recommend modifying the time line accordingly. Once we
have released the report we have by statute a minimum period of time that we have to
have for public review prior to holding a public that is 60 days. Once they have the public
hearing then at that point in time Council must wait at least 30 days under the new statute
before Council can adopt the impact fee and then it would be another 75 days beyond that
before impact fees could be collected. The earliest we might expect to begin collecting
these fees would be in early 2008.
Vice Mayor Kai asked if commercial developments were addressed and what
contribution they could make.
Mr. DeGrood stated they ascribed a percentage to residential travel. They had their traffic
consultant create a traffic model for the region; input commercial uses, residential uses,
looked at what other models from around the region were saying would be contributing
traffic to Tangerine Road and the other roads that pass through our community. Using
those models he came up with percentages of travel that would be coming from the
residential community within the benefit area. Based upon that they came up with, a
percentage that was used to reduce the $230 million of improvements that are necessary
down to $79 million that we would be assessing.
Upon motion by Council Member Comerford, seconded by Council Member McGorray,
direct staff to release the Northwest Benefit Area Residential Roadway Impact Fee
Analysis and Infrastructure Improvement Plan two weeks from today was unanimously
approved.
6. Presentations by prospective applicants for Planning & Zoning Commission,
Business and Economic Development Citizen Advisory Commission, and Board of
Adjustment (Jocelyn Bronson)
Richard Benner addressed Council and stated he has lived in and around Marana for the
last 14 years. He is currently employed with the Arizona Air National Guard. He is a 21
year veteran of the National Guard and will be retiring August 181h . He currently has two
local bar and grills oil the south side of Tucson. He is currently owns and operates
Benner's Grill. He stated it is significant since he operates several different businesses,
although they have similar goals they arrived there in many different ways, having dealt
with the agencies for the last 12 years gives him insight. He stated being a resident and
business owner, being able to see the issues from both sides and his common sense
attitude he will be as asset to the commission and the town.
Lois Bursuk addressed Council and stated she has lived in Tucson since 1980, born and
raised in New York. She has lived in Marana for 24 years. She is married with an eleven
year old daughter. She has a bachelor's degree in psychology. She has a master's degree
in education from the U of A and a PhD in educational psychology from the U of A. She
has been employed by the Flowing Wells School District for the past 16 years as a
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certified school psychologist. She stated she is passionate about the direction of the town.
As a member of the Planning and Zoning Commission this is what she brings;
professionally a team player, she works in a collaborative, impartial manner, not
beholden to development and not beholden to environmentalists.
Dan Cross addressed Council and stated he has submitted his application for the Planning
Commission. He has lived in Tucson since 1956. He was educated in the Catholic school
system and graduated from the U of A and NAU. He worked at UNIC post graduation,
later began his career with the Tucson Fire Department and is in his 26 1h year with them.
He will retire in one year. He is interested in the Planning Commission for several
reasons. He has always been a grunt level volunteer mostly constructing cabinets,
furniture, widgets for the various organizations and churches he and his family have been
associated with. They have also been in the adopt a road program for over ten years. He
was a fund raiser for his high school football team overseeing a booster function that
raised over $40,000 in four years. He stated he and his wife have built three custom
homes and as owner/builders and have been somewhat exposed to the world of zoning
issues and development. All homes were in different local governmental entities. He
believes he can benefit the organization by a commitment to learning his job, being a
constantly, consistently prepared member and fairly balancing the needs of all the
stakeholders.
Norman Fogel addressed Council and stated he grew tip in Los Angeles and moved to
Marana three years ago. He worked in non-profit management. He was the Chairman and
a member of the Planning Commission in Semi Valley for four years. At that time, the
city was about 50,000 members. He served on neighborhood councils in Los Angeles. He
served on two differeiit commissions. He stated it would be a pleasure to use his
retirement to serve the city.
Marcia Jakab addressed Council and stated she moved to Marana from Cleveland, Ohio
in June, 2006. She stated she feels strongly about preserving the history and heritage. Her
work experience includes almost thirty years in sales and management positions
associated with large Fortune 500 companies. She stated she knows about red tape, how
to work on a team and strategy. For the past six years she sold residential real estate. She
recently affiliated with Long Realty, Twin Peaks office. Though change can cause
resentment and resistance she stated we cannot afford to ignore it and there can be a lot of
positive outcomes.
Brett Summers addressed Council and stated he put in an application for the Planning and
Zoning Commission. He is a strong advocate of proper and responsible growth for the
town. He stated he worked for the Tucson Police Department for just over five years. He
was injured in the line of duty and forced to take a medical retirement after having
reconstructive wrist surgery. For the past three years he has volunteered leadership for the
Hartman Visa Neighborhood Association since its conception three years ago. He has run
for Council and is well versed in state, constitutional and local law. He wants to be a
strong advocate for the public. As much as he wants growth for the community he will
uphold his values to the laws of the nation, the state and the town when making his
decisions. He stated we need a Planning and Zoning Commission that can be forward
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looking and see an impact of even a two percent of the vehicles at Marana Spectrum are
going to add to the Hartman project so we can think about widening roadways,
understanding infrastructure and thinking about those impacts for the Planning and
Zoning Commission.
Thomas Dunn addressed Council and stated he has been self-employed as an
entrepreneur for 15 years in the mortgage banking, real estate finance industry. He has
gotten involved with local politics at the county and state levels. He was Chairman at the
Pima County Republican 72 hour task force in the last election cycle. He is a member of
the Marana Chamber of Commerce and an active volunteer where he has helped with the
TREO business outreach. He would like to be appointed to the Economic Development
Committee because he likes to think big. He stated we can work together to bring both
small and big business to Marana to stay.
Mike Rebro addressed Council and stated he has lived in the town for one year. He
graduated from the Citizen Resource and Education workshop. He is ail oasis volunteer at
Twin Peaks School. He is a member of the senior citizens of Continental Ranch. He
belongs to the VIPs. He has been a volunteer in the Continental Ranch fall festival. He
was instrumental in the Circle K citizens committee which brought some concerns to
Council earlier this year. He has worked with a large group of people from different
countries. He has an extensive background working with people from Japan, India,
Mexico and Europe. He stated he has very good communication skills. He has strong
project management skills. He was active in the United Way on the budget committee.
He is a retired computer manager from John Deere where he worked for thirty years.
Terry Tometich addressed Council and stated he has lived in Heritage Highlands
approximately one year. He has been in southern Arizona since 1972. He was with the
Arizona Department of Public Safety for 32 years. He was Commander, Southern Bureau
Chief in charge of the southern eight counties in Arizona. He is retired. He and his wife
have opened two businesses at the Dove Mountain Retail Center; Fitness Together and
soon to be opened therapeutic massage called Elements. He has attended the LED
meetings. He and his wife have Joined the Chamber of Commerce. In his experience in
law enforcement and dealing with community leaders, citizen groups in eight counties
along with governmental officials and being successful in that time period shows he can
help and work with many types of individuals.
John McIntyre addressed Council and stated he is retired. He can bring to Marana over 30
years of professional business experience in a wide variety of areas including finance,
dealing with people and national and international organizations. He is also on the board
of interfaith community services and he is also on their finance committee. He is willing
to do whatever is necessary to help Marana grow and progress.
7. Resolution No. 2007-126: Relating to utilities; authorizing the Mayor to execute and
Town staff to carry out a six-month notice of termination of the April 23, 1979
intergovernmental agreement with Pima County relating to sewer service in the
Marana town limits, and declaring an emergency (Frank Cassidy)
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Vice Mayor Kai declared a conflict of interest.
Mr. Cassidy stated as discussed at length, including the Marana 101
presentation,ownership of the sewer system and the treatment plant will give us self
determination and also will maximize our ownership of water resources. The county has
made it clear based on his bond covenants that it is not in a position to voluntarily
negotiate with the town concerning the division of assets as provided by in the IGA.
Upon motion by Council Member Comerford, seconded by Council Member Clanagan,
Resolution No. 2007-126 was approved 6-0.
G. EXECUTIVE SESSIONS
Upon motion by Council Member McGorray, seconded by Council Member Ziegler, Council
voted to go into Executive Session.
1. Executive Session pursuant A.R.S. §38-431.03 (A)(1) for the purpose of interviewing
candidates for the vacancies on the Planning & Zoning Commission, Board of
Adjustment and Business and Economic Development Citizen Advisory Commission
(Frank Cassidy)
Mr. Cassidy stated this kind of Executive Session falls within the personnel section of the
Executive Session so any of the interviewees can choose to be interviewed in the public
session if they prefer.
Council adjourned to executive session.
Returning to the dais, Mayor Honea stated they have decided not to do any interviews and
they will make the selection on the Council meeting on the 17 1h for the individuals to be
appointed to the positiolls.
H. ADJOURNMENT
Upon motion by Council Member Clanagan, seconded by Council Member Escobedo,
Council voted to adjourn.
CERTIFICATION
I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council
meeting held on July 10, 2007. 1 further certify that a quorum was present.
Jocelyn C. Bronson, Town Clerk
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