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HomeMy WebLinkAbout02/19/2008 Council Agenda Packet,?C,WN qWARANA17 Nzot-?- (40 REGULAR COUNCIL MEETING NOTICE AND AGENDA Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 February 19, 2008, at or after 7:00 p.m. Ed Honea, Mayor Herb Kai, Vice Mayor Council Members Russell Clanagan Patti Comerford Carol McGorray Jon Post 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 OTHERS. PLEASE TUR-N OFF QR- PUT IN SILENT 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.marana.com, by linking to the Town Clerk page under Agendas, Minutes and Ordinances. For questions about the Council meetings, special services or procedures, please contact the Town Clerk, at 382-1999, Monday through Friday from 8:00 a.m. to 5:00 p.m. Posted no later than February 15, 2008, 7:00 p.m., at the Marana Municipal Complex, the Marana Operations Center and at www.marana.com under Town Clerk, Agendas, Minutes and Ordinances. ( 9WARANA17 1W / 4 IZO 40 A. CALL TO ORDER AND ROLL CALL February 19, 2008, at or after 7:00 p.m. B. PLEDGE OF ALLEGIANCE AND INVOCATION/MOMENT OF SILENCE REGULAR MEETING 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: Discussion and direction regarding proposed amendments to Title 12 (Traffic and Highways) of the Marana town code, prohibiting the solicitation of employment, business or contributions from occupants of vehicles traveling on town streets or highways (Jane Fairall) 2. Presentation: Discussion and direction regarding proposed amendments to Title 12 (Traffic and Highways) of the Marana town code, authorizing the town engineer to establish temporary reduced speed limits in areas undergoing roadway construction and amending a violation and penalty provision of Chapter 12-2 (Jane Fairall) 3. Presentation of Recreation Division Awards (Tom Ellis) REGULAR COUNCIL MEETING NOTICE AND AGENDA Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 ANNOUNCEMENTS/UPDATES - PROCLAMATIONS -Colonel Louis Hampton Jordan, Jr. (Jocelyn Bronson) F. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS G. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS H. STAFF REPORTS ?O*N or I - I ' I 1??M A ?RAN A 17 4RIZU,A 1. CONSENT AGENDA GENERAL ORDER OF BUSINESS The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion will approve all items on the Consent agenda, including any resolutions or ordinances. A Council Member may remove any issue from the Consent agenda, and that issue will be discussed and voted upon separately, immediately following the Consent agenda. 1. Resolution No. 2008-23: Relating to Water Service; approving and authorizing the execution of the agreement between the Town of Marana and three individual property owners for construction of water facilities under pri vate contract for Santoria Estates (Brad DeSpain) 2. Resolution No. 2008-24: Relating to Water Service; approving and authorizing the execution of the agreement between the Town of Marana and Pacific International, LLC for construction of water facilities under private contract for Sterling Meadows (Brad DeSpain) 3. Resolution No. 200 ' 8-25: Relating to Development; approving a release of assurances for Ironwood Reserve Block 3 and acceptance of public REGULAR COUNCIL MEETING 11 NOTICE AND AGENDA 1? Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 February 19, 2008, at or after 7:00 p.m. improvements for maintenance (Keith Brann) 4. Resolution No. 2008-26: Relating to Development; approving a release of assurances for Gladden Farms Regional Park and acceptance of public improvements for maintenance (Keith Brann) 5. Resolution No. 2008-27: Relating to Community Development; granting $2,500 in Discretionary Funding to the Arizona Chapter, Paralyzed Veterans of America, Inc., an Arizona 501 (c)(3) non-profit organization, to support Marana veteran athletes' participation in the 2008 National Veterans Wheelchair Games (T. Van Hook) 6. Resolution No. 2008-28: Relating to Municipal Court; providing for the temporary appointment of Thom Cope as a Marana Town Magistrate Pro Tempore; and declaring an emergency (Frank Cassidy) J. COUNCIL ACTION 1. PUBLIC HEARING. Relating to Annexation; consideration of a request to annex approximately 33.5 acres south of Pima Farms Road and east of ,OWN o, I 4M?R A ?N A ,4, IR[ZotA?' REGULAR COUNCIL MEETING NOTICE AND AGENDA Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 February 19, 2008, at or after 7:00 p.m. Interstate 10 and Union Pacific Railroad into the Town of Marana for the proposed Pima Farms Business Center (Kevin Kish) 2. PUBLIC HEARING. Ordinance No. 2008.06: Relating to Development; approving and authorizing a rezoning to create the Las Pilas Specific Plan (Kevin Kish) 3. a. Resolution No. 2008-29: Relating to Administration; approving and authorizing the merger of the town's information technology department and applications and geographic information systems department into a single department renamed the technology services department; and designating an effective date (Gilbert Davidson) b. Resolution No. 2008-30: Relating to Personnel; amending the town's classification plan by eliminating the positions of information technology director and geographic information systems director and creating the positions of technology services director and senior technology services manager; and designating an effective date (Gilbert Davidson) 4. Resolution No. 2008-31 : Relating to Personnel; requesting approval of a recommended labor market of comparable organizations for purposes of a salary and benefits survey (Deb Thalasitis) 5. Ordinance No. 2008.07: Relating to Development; amending certain portions of Title 6 of the Marana Land Development Code and clarifying the town's policy regarding the requirement to place electrical utilities underground (Cedric Hay) 6. Resolution No. 2008-32: Relating to Development; approving and authorizing a development plan for Ruby Tuesday (Kevin Kish) 7. Resolution No. 2008-33: Relating to Public Works; authorizing and approving a construction contract with Fisher Sand & Gravel Co. d/b/a Southwest Asphalt Paving, the contractor currently constructing 1-10 improvements for the Arizona Department of Transportation, as a sole- source, emergency procurement to extend a six-barrel culvert under mainline 1-10 by 59 linear feet; and reprogramming $976,862.48 from the Public Works CIP Project funding of other projects to the Barnett Linear Park Project (2003-016) line item for this construction; and declaring an emergency (Barbara Johnson) 8. Resolution No. 2008-34: Relating to Professional Services; approving and authorizing the Mayor to execute a Lobbying Services Agreement with Stuart Goodman and his firm, Goodman Schwartz, L.L.C. (Frank Cassidy) ?OVN 0? I- - I ' 7 k?M ?RA N A) 7 REGULAR COUNCIL MEETING NOTICE AND AGENDA Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 February 19, 2008, at or after 7:00 p.m. K. BOARDS, COMMISSIONS AND COMMITTEES L. ITEMS FOR DISCUSSION/POSSIBLE ACTION 1. State Lep-islative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature (Mike Reuwsaat/Steve Romero) M. EXECUTIVE SESSIONS 1. Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. 2. Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), discussion or consultation for legal advice with the Town's attorneys and discussion and to consider its position and instruct the Town Manager and staff concerning various water rights, water service, water acquisition, sewer service and related issues, including without limitation (a) the lawsuit entitled Town of Marana v. Pima County, Maricopa County Superior Court No. CV2008-001131, (b) the lawsuit entitled Pima County v Town of Marana, Pima County Superior Court No. C20077448, (c) possible acquisition of Tucson Water infrastructure and accounts located within the Marana town limits, (d) the Honea Heights Sewer project, and (e) certain confidential water resources that are the subject of the Water Services Consulting Agreement entered into by Resolution No. 2007-51. 3. Executive Session pursuant to A.R.S. §38-431.03 (A)(4) and (7) to consider the Town's position and instruct its representatives regarding negotiations for the purchase of property rights needed for the Twin Peaks interchange project, CIP number 2001-44, from the parcels of property generally identified as Pima County Assessor's parcel numbers, 226-08-0150, 226-15- 0090, 226-15-008B, 226-15-017B, 226-15-018B and 226-15-019A, and to instruct the Town's attorneys in settlement negotiations and contemplated condemnation proceedings relating to the same property rights. 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 0-VN 0 TOWN COUNCIL MEETING TOWN OF MARANA 9MARANA17 INFORMATION MEETING DATE: February 19, 2008 AGENDAITEM: E. I TO: MAYOR AND COUNCIL FROM: Jane Fairall, Deputy Town Attorney SUBJECT: Presentation: Discussion and direction regarding proposed amendments to Title 12 (Traffic and Highways) of the Marana town code, prohibiting the solicitation of employment, business or contributions from occupants of vehicles traveling on town streets or highways. DISCUSSION This proposed ordinance would prohibit the solicitation of employment, business, contributions or donations from occupants of vehicles traveling on the town's roadways. The purpose of the ordinance is to protect the safety of pedestrians and occupants of vehicles and to promote the or- derly flow of traffic. This ordinance was developed with input from the Marana Police Depart- ment, the Public Works Department--Traffic Engineering Division, Operations and Maintenance Department-Traffic Signals Group and the Legal Department. The ordinance would prohibit pedestrians from occupying medians within the town's roadways for the purpose of soliciting donations or selling newspapers or other goods or services. This is proposed because medians are intended to serve as safety islands to pedestrians who are crossing the street and as unoccupied buffers between opposing lanes of traffic. Pedestrian and motor ve- hicle safety is jeopardized when the curbcut, crosswalk and median areas are blocked or impeded by persons engaging in solicitation or sales. In addition to the important safety considerations, the Traffic Signals Group of the Operations and Maintenance Department has observed that on medians frequented by newspaper hawkers, there has been a marked increase in the number of times that pedestrian crossing buttons are be- ing activated. On one median, a 500-event log filled up in only two days. This excessive use of the pedestrian crossing buttons disrupts traffic flow and results in a lack of coordination with other traffic signals in the vicinity. The proposed ordinance provides that a violation would be a class 3 misdemeanor, which is the least serious classification for a misdemeanor offense. In addition, the ordinance provides that the magistrate may impose community service in lieu of a fine, credited at $ 10 per hour. (00007965.DOCII JF 218108 ATTACHMENTS 1. Draft of proposed new ordinance 2. Letter dated November 28, 2007 from Marana Chamber of Commerce FINANCIAL IMPACT None REQUESTED ACTION Feedback and direction from Council at its discretion. SUGGESTED MOTION I move that we direct staff to bring back to the Council for adoption the proposed amendments to the Town Code Traffic and Highways provisions (Town Code Title 12). (00007965.DOCI? -2- JF 1212 7/0 7 MARANA ORDINANCE NO. 2008.xx RELATING TO TRAFFIC AND HIGHWAYS; AMENDING TITLE 12 OF THE MARANA TOWN CODE TO PROHIBIT THE SOLICITATION OF EMPLOYMENT, BUSINESS OR CONTRIBUTIONS FROM OCCUPANTS OF VEHICLES TRAVELING ON TOWN STREETS OR HIGHWAYS; PROVIDING PENALITES FOR VIOLATION; ADDING CHAPTER 12-8; RENUMBERING EXISTING CHAPTER 12-8; AND DESIGNATING AN EFFECTIVE DATE. WHEREAS the Town Council finds that the practice of pedestrians soliciting or other- wise engaging occupants of vehicles at intersections for donations, services or sales increases the danger of physical injury to both the pedestrians and the occupants of vehicles; and WHEREAS the Town Council finds that the Town's interest in protecting the welfare of pedestrians and occupants of motor vehicles is compelling; and WHEREAS the Town Council finds that the adoption of a prohibition on the solicitation of occupants of vehicles as set forth in this ordinance is in the best interests of the Town and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. Title 12 of the Marana Town Code is hereby revised by renumbering exist- ing Chapter 12-8 as Chapter 12-9 and by adding new Chapter 12-8, as follows: Chapter 12-8 SOLICITATION OF EMPLOYMENT, BUSINESS OR CONTRIBUTIONS FROM OCCUPANTS OF VEHICLES TRAVELING ON TOWN STREETS OR HIGHWAYS Section 12-8-1 Purpose and intent It is the purpose and intent of this chapter to protect the safety of pedestrians and occupants of motor vehicles and to promote the orderly flow of vehicular and pedestrian traffic. Section 12-8-2 Definition For purposes of this chapter, "street" or "highway" means the entire width be- tween the boundary lines of every way, including traffic medians, if a part of the way is open to the use of the public for purposes of vehicular travel. 100007887.DOC /) - I - JF 218108 Section 12-8-3 Prohibited conduct No person shall stand upon or otherwise occupy a street or highway and solicit or attempt to solicit employment, business, contributions, donations or sales of any kind from the occupant of any vehicle. Section 12-8-4 Violation; penalties A. A violation of this chapter is a class 3 misdemeanor. B. The magistrate may impose community service in lieu of a fine for violation of this chapter. For purposes of this chapter, community service work shall be credited at $10 per hour. SECTION 2. This Ordinance shall become effective on the day of _, 2008. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this _ day of ,2008. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney ?00007887.DOC /) -2- JF 218108 16, A VP_ MARANA Board of Directors: Paul Pecora - Chairman Comcast . Paul Bigelow -Chalrman Elect TeAW Roadhouse Mike Walter - Past Chair AA4 landscape Jeri Cheaturn -Treasurer National Bank OfArkona Steve Miklos[ - Secretary flreakers Walerpat* Jay Schwartz Coca-Cola OK RIM 61adden Faims Amber Smith fiacyA5YOCA31es Jack Neubeck The FIAMM-6 Center Chuck Luhtala C&Wm ComrnunllyBank Wally Smith Vector Impressions Inc. Jolene Campbell NonhwestMedAml Center EX-offido. Jocelyn Bronson Mar" T~7 Clerk PresidentICE0 Ed Stolmaker November 28, 2007 Dear Chief Richard Vidaurri, The Marana Chamber of Commerce endorses the efforts made by the Marana Police Department to pass an ordinance prohibiting the use of medians by vendors in the town's intersections. Not only do these individuals pose life-threatening risks to themselves, pedestrians, and those in vehicles, they also create numerous traffic problems and may serve as deterrents to new businesses in the area. The Marana Chamber Board of Directors voted in support of this proposed town code. The ordinance would prohibit the use of medians by vendors to "solicit employment, business, contributions, donations or sales of any kind from the occupant of any vehicle" (MPD). The Marana Police Department and the Chamber feel strongly that this town code is a proactive approach to eliminating the ensuing problems before a fatality or any other life-threatening accident results. The City of Tucson enacted a ,similar code in 2000 following two vendor fatalities within weeks of each other. The town of Oro Valley also passed an analogous code restricting this form of panhandling. In review of why this form of vending is dangerous and damaging to the livelihood of the Marana community, several issues have been raised by the MPD and the Chamber on the direct impact it has on those vending and other civilians in close proximity.. The main concerns are as follows: traffic safety, turf battles among rival vendors, medians no longer serving as safety barriers for drivers, abuse of cross walk buttons, eye contact distracting drivers, litter, and increased congestion of the intersections which poses a greater risk for accidents. Other community related concerns on the issue are listed as: excessive sun exposure and inhalation of toxic fumes of vendors, deterrent for new businesses wishing to locate at a "hawking" intersection, and finally the risk of vendors or other civilians being hit by moving vehicles during the transaction. The MPD and the Chamber recognize the existence of shelters, services, organizations, and other means for assisting the mental health, substance abuse, and economic situations of these individuals which are in fact safe, proactive, and positive approaches in dealing with this issue. Please support this town code which is necessary to ensure the safety of everyone in the community. Sincerely, Ed Stolmaker President/CEO Marana Chamber of Commerce 13881 N. Casa Grande Highway - Marana, Arizona 85653 - Phone 520/682-4314 - Fax 520/682-2303 N TOWN COUNCIL MEETING TOWN OF MARANA MARANA INFORMATION MEETING DATE: February 19, 2008 AGENDAITEM: E. 2 TO: MAYOR AND COUNCIL FROM: Jane Fairall, Deputy Town Attorney SUBJECT: Presentation: Discussion and direction regarding proposed amendments to Title 12 (Traffic and Highways) of the Marana town code, authorizing the town engineer to establish temporary reduced speed limits in areas undergoing roadway construction and amending a violation and penalty provision of Chapter 12-2. DISCUSSION This proposed ordinance would authorize the town engineer to establish temporary reduced speed limits in construction zones. The ordinance was developed with input from the Marana Police Department, the town engineer, the Public Works Department-Traffic Engineering Divi- sion and the Legal Department. The proposed ordinance provides that the town engineer may reduce speed limits in areas of con- struction when it is determined that the permanent speed limits in the area are not reasonable un- der the circumstances. In order for the reduced speed limit to be effective, the town engineer must sign a work order authorizing the reduced speed limit area, signs with the reduced speed limits must be posted and permanent speed limit signs must be removed, covered or turned. A violation of this ordinance would be a civil traffic violation, but with an enhanced mandatory fine of $250 for each violation. The ordinance also provides that in areas of construction where a temporary reduced speed limit is not posted, a violation of the pennanent speed limit will also be subject to the mandatory enhanced fine of $250 for each violation. Staff proposes this ordinance be passed with an emergency clause to allow immediate implemen- tation in appropriate areas, particularly in the area of the Thornydale Road Improvement Project, where both Public Works officials and Police officers have observed motorists traveling at ex- cessive and unsafe speeds. In addition to establishing the construction speed limit provisions, the proposed ordinance would also make minor changes to Section 12-2-14 as noted in the attached ordinance. tOO007966DOCI) JF 218108 ATTACHMENTS Draft of proposed new ordinance FINANCIAL IMPACT None REQUESTED ACTION Feedback and direction from Council at its discretion. SUGGESTED MOTION I move that we direct staff to bring back to the Council for adoption the proposed amendments to the Town Code Traffic and Highways provisions (Town Code Title 12). tOO007966.DOCI) -2- JF 218108 MARANA ORDINANCE NO. 2008.xx RELATING TO TRAFFIC AND HIGHWAYS; AMENDING TITLE 12 OF THE MARANA TOWN CODE TO AUTHORIZE THE TOWN ENGINEER TO ESTABLISH TEMPORARY REDUCED SPEED LIMITS IN AREAS UNDERGOING ROADWAY CONSTRUCTION; PROVIDING PENALITES FOR VIOLATION; ADDING SECTION 12-2-12; RENUMBERING EXISTING SECTIONS 12-2-12, 12-2-13 AND 12-2-14; AMENDING RENUMBERED SECTION 12-2-15; AND DECLARING AN EMERGENCY. WHEREAS the Town Council finds that vehicles speeding in areas of road construction increases the danger of physical injury to both the occupants of vehicles and to construction workers; and WHEREAS the Town Council finds that the Town's interest in protecting the welfare of construction workers and occupants of motor vehicles is compelling; and WHEREAS the Town Council finds that autlionizing the Town Engineer to establish temporary reduced speed limits within construction zones as set forth in this ordinance is in the best interests of the Town and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. Title 12 of the Marana Town Code is hereby revised by renumbering exist- ing Section 12-2-12 as Section 12-2-13, renumbering existing Section 12-2-13 as Sec- tion 12-2-14, renumbering existing Section 12-2-14 as Section 12-2-15. SECTION 2. Title 12 of the Marana Town Code is hereby revised by adding new Sec- tion 12-2-12, as follows: Section 12-2-12 Speed limits in areas undergoing roadway construction A. It shall be unlawful for a person to drive at a speed greater than the speed posted in an area undergoing roadway construction. B. As used in this section, "roadway construction" means the construction, re- construction or maintenance of any road by town employees or any contractor or subcontractor performing such construction, reconstruction or maintenance at the direction of the town. C. The town engineer or the town engineer's authorized representative is hereby authorized to establish temporary reduced speed limits in areas undergoing roadway construction. The temporary reduced speed limits shall be imple- mented when the town engineer or the town engineer's authorized represen- [0000795 LDOC /) - I - JF 218108 tative determines, based on an engineering and traffic investigation, that the permanent speed limits in the area under construction are not reasonable and safe while the roadway construction is taking place. D. Any temporary reduced speed limit established by the town engineer or the town engineer's authorized representative shall be effective only for the dura- tion of the roadway construction. E. The temporary reduced speed limits shall be effective when all of the following has taken place: 1. A work order authorizing a temporary construction zone speed limit is signed by the town engineer or the town engineer's authorized representa- tive and filed in the town clerk's office. 2. Speed limit signs with the temporary reduced speed limit are erected in a clearly visible manner in the area undergoing construction. 3. The permanent speed limit signs in the area undergoing construction are temporarily removed, covered or turned. F. Any person found responsible for speeding in excess of a posted temporary reduced speed limit shall be fined $250 for each violation. No judge may suspend any portion of the fine prescribed in this paragraph. G. Any person found responsible for speeding in excess of the permanent posted speed limit in an area undergoing roadway construction where a tem- porary reduced speed limit has not ' been posted shall be fined $250 for each violation. No judge may suspend any portion of the fine prescribed in this paragraph. SECTION 3. Title 12 of the Marana Town Code is hereby revised by amending renum- bered section 12-2-15 entitled "Violations - chapter 12-2; penalty" as follows (with deletions shown with strikeouts and additions shown with Section 12-2-145 A. Any violation of chapter 12-2 shall be a civil traffic violation unless otherwise designated in this title or under state la nm_n?jnf finr n. peed viela tiOR PUR'shable as a Glass 3 misdemea _?A undea A.R.S. § 701.02 OF a viela tiGR Of 6eGtiE)R 12 2 13 PURishable as a Glass 1 Mi6demeaREW URdeF para gFaph G of this seGtien. B. Any person found responsible for a civil violation of chapter 12-2 shall be fined not more than $250 for each violation. C. A person convicted of violating section 12-2-13 is guilty of a class 1 misde- meanor. SECTION 4. IT IS FURTHER ORDAINED that, since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this ordinance become immediately effective, an emergency is hereby declared to exist, and this ordinance shall be effective immedi- ately upon its passage and adoption. {0000795 LDOC /1 -2- JF 218108 PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this day of 2008. Mayor Ed Honea APPROVED AS TO FORM: Frank Cassidy, Town Attorney ATTEST: Jocelyn C. Bronson, Town Clerk {0000795 1. DOC /1 -3 - JF 218108 TOWN COUNCIL MEETING TOWN OF MARANA INFORMATION MEETING DATE: February 19, 2008 AGENDAITEM: E. 3 TO: MAYOR AND COUNCIL FROM: Tom Ellis, Director Parks and Recreation SUBJECT: Presentation of Recreation Division Awards DISCUSSION During the last quarter of 2007, the Parks and Recreation Department's Recreation Division received two state awards. The Town of Marana Parks & Recreation's youth division received the 2007 Awards of Excellence Program for their Healthy " U" program from Arizona Center for Afterschool Excellence in October 2007. Healthy "U" is a special program implemented into all afterschool programs that incorporate 30-minutes of brisk exercise three times a week, nutritional health one time a week, personal health one time a week and community health one time a month. Participants receive points for their participation and at the end of the semester, children who actively participated 80% of the time are rewarded with a free field trip! There were over 300 Healthy "U" graduates in 2007! The Town of Marana Parks & Recreation's Family Night Under the Stars special event received the 2007 Creative Program Award from Arizona Parks & Recreation Association's Leisure Benefits Branch in November 2007. Family Night under the Stars welcomed several community groups to include school PTO's, U of A Astronomy Department, local churches, NW Fire Dept. and Pima County Parks, Recreation and Natural Resources community education division. More then 50-families (200+ people) camped out under the stars at Ora Mae Ham Park and we expect them all to come back for the 2008 event (April 12-13). Credit for these awards goes to Kristy Diaz-Trahan, Recreation Superintendent, Dance Larriva- Johnson, Program Coordinator; Jen Ward, Program Coordinator; Annette Castillo, Programmer; Katrina Salazar, Programmer; Missy Herrera, Programmer; Olivia Salazar, Programmer; Tammy Haley, Programmer; Louise Hull, Recreation Leader; and Elizabeth Castro, Recreation Assistant. Proclamation U.S. Army Colonel Louis Hampton Jordan, Jr. WHEREAS, Louis Hampton Jordan, Jr., a native of Louisiana and a graduate of the Nevada Military Academy began his illustrious military career as a commissioned Second Lieutenant in the Medical Service Corps; and WHEREAS, Colonel Jordan received his undergraduate degree from Fordham University and a graduate degree. in Strategic Studies from the U.S. Army War College and is a certified- Strategic Planner, graduated as an Army Aviator in 1986 and entered the Active Guard Reserve program in 1987; and WHEREAS, among the many assignments given to Colonel Jordan at the national level were the Plans and Programs, Branch Chief, Aviation Training Branch Chief, and Operations Branch Chief; and WHEREAS, Colonel Jordan's awards includethe Meritorious Service Mi d I with four e a Oak Leaf Clusters, the Army Commendation? Medal with., Oak Leaf Cluster, the Army AcMevement Medal wittt Oak Leaf Cluster, -the Senior Army,Aviator Bade, the Army. Aircrewman Badge and is a member of the Order.of'.Saint Michael, Bronze Award; and WHEREAS, in 2001, Colonel Jordan was assessed into the Arizona Army National Guard and served as B6ttalion Commander for the Aviation Support Battalion, Western Army Aviation Training Site (WAATS), Deputy Brigade Commander- and Brigade Commander-and is currently Commander for the Joint Task Force,Raven, Operation Jump Start; and WHEREAS,, Colonel Jordan, in his leadership roles at WAATS, has fostered a close working relationship with the Town Marana. NOW, THEREFORE, the Mayor and Council of the Town of Marana, recognize and salute the exemplary career of Colonel Louis Hampton Jordan and pay tribute to his service as a military leader and friend to the Marana community. Dated this 19th day of February, 2008. r Ed Honea, Mayo ATTE T: Z Jocelyn C. Bronson., Town Clerk ,OWN 0 TOWN COUNCIL MEETING TOWN OF MARANA 11 MARAN'A 7 INFORMATION 4RIZOS MEETING DATE: February 19, 2008 AGENDAITEM: 1.1 TO: MAYOR AND COUNCIL FROM: C. Brad DeSpain, Utilities Director SUBJECT: Resolution No. 2008-23: Relating to Water Service; approving and authorizing the execution of the agreement between the Town of Marana and three individual property owners for construction of water facilities under private contract for Santoria Estates. DISCUSSION Three property owners desire to install on-site and off-site water facilities to provide water service to their property known as Santoria Estates. Pursuant to an agreement between the Town of Marana and the property owners, they will construct the on-site and off-site water facilities and will pass ownership of these facilities to the Town; the Town will then provide water service to Santoria Estates. ATTACHMENT(S) Agreement RECOMMENDATION The Utility Commission and Staff recommend approval of the execution of the agreement between the Town of Marana and the property owners for construction of water facilities under private contract for water service to Santoria Estates. SUGGESTED MOTION I move to adopt Resolution No. 2008-23. BLUSantoria Estates 02112120084:25 PMAPM MARANA RESOLUTION NO. 2008-23 RELATING TO WATER SERVICE; APPROVING AND AUTHORIZING THE EXECUTION OF THE AGREEMENT BETWEEN THE TOWN OF MARANA AND THREE INDIVIDUAL PROPERTY OWNERS FOR CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE CONTRACT FOR SANTORIA ESTATES. WHEREAS, three property owners desire to installed on-site and off-site water facilities to provide water to Santoria Estates; and WHEREAS, three property owners desires to arrange for the provision of water service to and within Santoria Estates; and WHEREAS, Marana is willing to provide water service to and within Santoria Estates in accordance with Chapter 14 of the Marana Town Code and in accordance with the terms of the Agreement; and WHEREAS, three property owners agrees to the construction of water facilities for Santoria Estates; and WHEREAS, the Mayor and Council find that the terms and conditions of the Agreement are in the best interest of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Agreement for Construction of Water Facilities Under Private Contract between the Town of Marana and three individual property owners, attached as Exhibit A to and incorporated here by this reference, for construction of water facilities, is hereby authorized and approved. SECTION2. The Mayor is hereby authorized and directed to execute, and the Town Clerk in hereby authorized and directed to attest to, said Exhibit A for and on behalf of the Town of Marana. SECTION 3. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this resolution. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 19'h day of February 2008. Ed Honea, Mayor ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney RSO 190108 WSA Santoria Estates Rso 2008-23 2 APM 02/12/2008 TOWN OF MARANA AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE CONTRACT THis AGREEMENT (this "Agreement") is entered into by and between the TOWN OF MARANA, an Arizona municipal corporation (the "Town"), and the entities and individuals whose signatures are set forth at the end of this agreement, (collectively the "Applicant"). The Town and the Appli- cant are sometimes collectively referred to as the "Parties," any one of which is sometimes indi- vidually referred to as a "Party." RECITALS A. This Agreement is entered into and authorized pursuant to Title 14 of the Marana Town Code as it may be amended from time to time (the "Marana Municipal Watef Code"). B. The Applicant desires for the Town to provide water service to the Pima County Tax Parcel Numbers listed in the column titled "Parcel Tax Code" on Exhibit A attached to this Agreement (the "Subject Property"), in the area generally depicted on the map at the bottom of Exhibit A. C. To secure water service from the Town for the Subject Property, the Applicant pro- poses to install those certain water infrastructure improvements referred to in this Agreement as the "Applicant-Installed Facility." D. The required plans, specifications, and materials for the Applicant-Installed Facility have been approved by the Town. E. The Applicant desires that the Town take ownership of, operate, and service the Appli- cant-Installed Facility. F. The Town is willing to accept the Applicant-Installed Facility and permit it to be con- nected to the Town water system provided it meets Town standards and the work is done in accor- dance with Town requirements. AGREEmENT NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants set forth in this Agreement, the Parties hereby agree as follows: 1. General I. I. Applicant installation of the Applicant-Installed Facility. The Applicant has designed and installed, at Applicant's own expense, the water infrastructure improvements as depicted in Plan No. ENG 0711-009 as approved by the Town and on file in the office of the Town of Ma- {Santoria Estates WSA) - 1 - 2/11/20085:34:47 PM rana Water Utility (the "Facility Plan"). The water infrastructure improvements depicted on the Facility Plan are referred to in this Agreement as the "Applicant-Installed Facility," and shall conform to the design standards of the City of Tucson Water Department and the Town of Ma- rana Municipal Water Code and special specifications and details as approved by the Town and by this reference made a part of this Agreement. The Facility Plan shall include a plan note iden- tifying the Applicant-Installed Facility as a new water facility and shall show any and all altera- tions to the existing water system. Construction and installation of the Applicant-Installed Facil- ity in accordance with the Facility Plan, including without limitation all labor, materials, equip- ment, supplies, and tools required for the construction and installation, is referred to in this Agreement as the "Work." 1.2. Work by licensed contractor. The Applicant confirms that the Work has been performed by a contractor properly licensed by the State of Arizona as determined by the Arizona Registrar of Contractors. In addition to any other contractor's license classifications required by the Ari- zona Registrar of Contractors, the contractor holds contractor's license classifications A, A-12 and A- 16. 1.3. Payment of connection fees. Before any service connections are made from the Town's water system to the Applicant-Installed Facility, the Applicant shall pay to the Town the connec- tion fees and any other fees required by the Marana Municipal Water Code. 1.4. Anticipated cost per meter. The total charge for each five-eighths-inch water meter to be installed on the Subject Property is currently anticipated to be $1,224.00, including the meter fee and infrastructure fee. Additional impact fees as adopted and implemented by Mayor and Coun- cil will be applied and shall be in addition to the $1,224.00 meter fee. 1.5. Applicant-Installed Facility acceptance by Town. No service connections shall be made from the Town's water system to the Applicant-Installed Facility until the Applicant-Installed Facility has been accepted by the Town in accordance with the Marana Municipal Water Code. 1.6. Meter application requirements. The number of water meter applications allowed shall be consistent with the "Meter Shares" column corresponding to the "Parcel Tax Code" on Ex- hibit A. If any portion of a property identified as a "Parcel Tax Code" with only one "Meter Share" is sold, the owner of the portion of land that fronts the water main shall have all rights associated with the water meter unless other arrangements are agreed upon in writing by the buyer and seller and approved by the Town of Marana Water Utility prior to the sale. If any por- tion of a property identified as a "Parcel Tax Code" with more than one "Meter Share" is sold, the number of meter shares that go with each property shall be proportionate to the size of each property, rounded to the nearest whole number, unless other arrangements are agreed upon in writing by the buyer and seller and approved by the Town of Marana Water Utility prior to the sale. 1.7. Applicant's certiji'cation. Execution of this Agreement certifies that the Applicant has reviewed the Facility Plan and all other specifications applicable to the Work and has approved and agrees with the location of all service lines. 1.8. Termination for lack of Work. Approval of the Facility Plan shall lapse and this Agree- ment shall terminate if more than one year has passed since the date of this Agreement and the Work has not begun, or if the Work is discontinued for a period of one year. {Santoria Estates WSA) -2- 2/11/20085:34:47 PM 2. Engineering and Inspection 2. 1. Registered civil engineer. The Applicant confirms that the Applicant employed a regis- tered Civil Engineer to design, lay out, establish control lines for and certify the layout of the Work according to the Facility Plan. 2.2. Town inspector's authority. Any inspector authorized by the Town shall have full in- spection authority over the Work. 2.3. Inspection provisions. The Applicant shall furnish the Town's inspector with all facilities reasonably necessary to inspect the Work. The Work shall be subject to Town inspection at all times. Defective work shall be corrected in a manner satisfactory to the Town's inspector. In- spection by the Town is for the purpose of ensuring compliance with plans and specifications only. The Town makes no guarantee as to the safety or engineering soundness of plans prepared by Applicant or any contractor. 2.4. Payment of Town inspector's overtime cost. If scheduling by Applicant's contractor rea- sonably requires the Town's inspector to work overtime, the Applicant or Applicant's contractor shall pay the Town for any additional salaries, expenses or employee benefits relating to the overtime. For purposes of this paragraph, overtime is any time over 40 hours worked in a seven- day work period, any time over eight hours worked Monday through Friday, and any time worked on weekends and legal holidays observed by the Town. 3. Preconstruction Procedure 3. 1. Request to begin construction. The Applicant shall submit a written request to begin construction to the Town five working days before the Work is to commence. 3.2. Construction permit. This Agreement shall be completed, signed and notarized, and re- turned to the Town prior to issuance of a construction permit for the Work. 3.3. Start and completion of the Work. No portion of the Work shall begin until the Town has issued a construction permit specifying the starting date and a reasonable time for completion. 3.4. Progress of the Work. The Work shall be commenced and carried on at such points and in such order as may be directed by the Town. 3.5. Materials sampling and testing. Materials shall be available for sampling and testing by the Town prior to being used in the Work. Materials that fail to meet Town specification shall be removed from the site. 3.6. Permits and approvals. The Applicant shall, at Applicant's expense, obtain all necessary permits and licenses for the Work, pay all fees and comply with all laws, ordinances and regula- tions relating to the Work. 4. Construction 4. 1. Applicant's presence on site. The Applicant or Applicant's designated agent, shall be present at all times during performance of the Work. The name of the Applicant's designated agent and the contractor performing the Work shall be furnished to the Town before the Work (Santoria Estates WSA) -3- 2/11/20085:34:47 PM begins. Instructions given by the Town to the designated agent shall be deemed to have been given to the Applicant. 4.2. Competence and diligence. The Applicant shall employ only competent and efficient la- borers, mechanics or artisans on the work, and the Applicant agrees to perform the work dili- gently to complete the work on or before the completion date given in the notice to proceed. 4.3. Paving. The Applicant shall identify and locate all water valves prior to paving and set valve boxes to final grade after paving. 4.4. Alterations to the existing Town water system. The Applicant shall, at Applicant's ex- pense, make any and all alterations to the existing water system either on-site or off-site necessi- tated by paving, drainage, or other improvements caused by the development of the Subject Property. 4.5. Worksite safety. The Applicant shall require all contractors and subcontractors perform- ing any portion of the Work to comply with all safety requirements of the Occupational Safety and Hazards Act as set forth by the Federal Government and as implemented by the State of Ari- zona. The Applicant or its contractors shall be solely responsible for all fines or other penalties provided for by law for any violations of the Occupational Safety Hazards Act. 5. Dedication 5. 1. Transfer of the Applicant-Installed Facility to the Town. Upon the Town's final accep- tance of the Work, the Applicant shall at no cost grant, bargain, sell, convey, transfer and deliver to the Town the Applicant-Installed Facility free and clear of all liens, claims, charges or encum- brances. 5.2. Two-year warranty. The Applicant guarantees the Work to be free from all failures due to poor workmanship or materials for a period of two years from the date of the Town's final ac- ceptance of the Work. 5.3. Other conflicting construction prohibited. The Applicant shall not construct or allow the construction of any utility, building, or other improvement that would interfere with the opera- tion or maintenance of the Applicant-Installed Facility. 5.4. Applicant's obligation to maintain flnished grade. The Applicant guarantees that all ser- vice lines, meters, and meter boxes on the Subject Property will be to finished grade and that Applicant will remain responsible for raising or lowering said services as required until the Sub- ject Property is fully developed. 5.5. Acceptance by the Town. The Town shall accept title to and take possession of the Ap- plicant-Installed Facility when the Work has been completed to the satisfaction of the Town. Subject to the Applicant's continuing obligations under this Agreement, the Town shall operate and service the Applicant-Installed Facility after taking over possession of it under this para- graph. JSantoria Estates WSA) -4- 2/11/20085:34:47 PM 6. Miscellaneous 6.1. Indemnity. During the two-year warranty period (see paragraph 5.2 above), Applicant shall indemnify, defend, and hold harmless the Town, its Mayor and Council, officers and em- ployees, boards, committees and commissions from and against any loss, claim, suit, demand, cause of action, or liability of any nature, including but not limited to damage to property and injuries to persons, including death, arising or alleged to have arisen, in whole or in part, out of any negligent act or omission of Applicant or any contractor, subcontractor, or any person em- ployed directly or indirectly by any of them in the perfon-nance of the Work or in the operation of the Applicant-Installed Facility. Nothing in this paragraph shall in any way limit any liability Applicant may have under applicable law beyond the two-year warranty period. 6.2. Binding effect. This agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the Parties. 6.3. Consent requiredfor assignment. Applicant may not assign this Agreement without the prior written consent of the Town. 6.4. Cancellationfor conflict of interest. This agreement is subject to A.R.S. § 38-511, which provides for cancellation in certain instances involving conflict of interest. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date set forth below their respective signatures. TOWN: THE TowN OF MARANA, an Arizona municipal ATTEST: corporation By: Ed Honea, Mayor Date: Jocelyn C. Bronson, Clerk APPROVED AS To FORM: Frank Cassidy, Town Attorney {Santotia Estates WSA) -5- 2/11/20085:34:47 PM APPLICANT: Date: Mr. Edward J. Schaeffer STATE OF ARIZONA ) ) ss.: County of Pima The foregoing instrument was acknowledged before me on by Notary Public f Santoria Estates WSA) -6- 2/11/20085:34:47 PM APPLICANT: Date: Mr. Duane H. Derr STATE OF ARIZONA ) ) ss.: County of ) The foregoing instrument was acknowledged before me on by Notary Public {Santoria Estates WSA) -7- 2/11/20085:34:47 PM APPLICANT: Date: Ms. Karen E. Spratlen STATE OF ss.: County of_ ) The foregoing instrument was acknowledged before me on by Notary Public {Santotia Estates WSAJ 2/11/20085:34:47 PM TOWN COUNCIL MEETING TOWN OF MARANA 11 11A_.11? 7 INFORMATION 4)?jZot MEETING DATE: February 19, 2008 AGENDAITEM: 1.2 TO: MAYOR AND COUNCIL FROM: C. Brad DeSpain, Utilities Director SUBJECT: Resolution No. 2008-24: Relating to Water Service; approving and authorizing the execution of the agreement between the Town of Marana and Pacific International, LLC for construction of water facilities under private contract for Sterling Meadows. DISCUSSION Pacific International, LLC desires to install on-site and pay for off-site water facilities to provide water service to their property known as Sterling Meadows. Pursuant to an agreement between the Town of Marana and Pacific International, LLC the developer will construct the on-site water facilities and will pass ownership of these facilities to the Town; the Town will then provide water service to Sterling Meadows. ATTACHMENT(S) Agreement RECOMMENDATION The Utility Commission and Staff recommend approval of the execution of the agreement between the Town of Marana and Pacific International, LLC for construction of water facilities under private contract for water service to Sterling Meadows. SUGGESTED MOTION I move to adopt Resolution No. 2008-24. BL U Sterling Meadows 02112120088:53 AM APM MARANA RESOLUTION NO. 2008-24 RELATING TO WATER SERVICE; APPROVING AND AUTHORIZING THE EXECUTION OF THE AGREEMENT BETWEEN THE TOWN OF MARANA AND PACIFIC INTERNATIONAL, LLC FOR CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE CONTRACT FOR STERLING MEADOWS. WHEREAS, Pacific International, LLC desires to install on-site and pay for off-site water facilities to provide water to Sterling Meadows; and WHEREAS, Pacific International, LLC desires to arrange for the provision of water service to and within Sterling Meadows; and WHEREAS, Marana is willing to provide water service to and within Sterling Meadows in accordance with Chapter 14 of the Marana Town Code and in accordance with the terms of the Agreement; and WHEREAS, Pacific International, LLC agrees to the construction of water facilities for Sterling Meadows; and WHEREAS, the Mayor and Council find that the terms and conditions of the Agreement are in the best interest of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Agreement for Construction of Water Facilities Under Private Contract between the Town of Marana and Pacific International, LLC, attached as Exhibit A to and incorporated here by this reference, for construction of water facilities, is hereby authorized and approved. SECTION 2. The Mayor is hereby authorized and directed to execute, and the Town Clerk in hereby authorized and directed to attest to, said Exhibit A for and on behalf of the Town of Marana. SECTION 3. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this resolution. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 19'h day of February 2008. Ed Honea, Mayor ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney RSO 190108 WSA Sterling Meadows 7 2 APM 02/12/2008 TOWN OF MARANA AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE CONTRACT THIs AGREEMENT (this "Agreement") is entered into by and between the TOWN OF MARANA, an Arizona municipal corporation (the "Town"), and PACIFIC INTERNATIONAL, LLC, an Arizona Limited Liability Company (the "Applicant"). The Town and the Applicant are sometimes collec- tively referred to as the "Parties," each of which is sometimes individually referred to as a "Party." RECITALS A. This Agreement is entered into and authorized pursuant to Title 14 of the Marana Town Code as it may be amended from time to time (the "Marana Municipal Water Code"). B. The Applicant desires for the Town to provide water service to the land described and depicted on Exhibit A attached to this Agreement (the "Subject Property"). C. To secure water service from the Town for the Subject Property, the Applicant pro- poses to install those certain water infrastructure improvements referred to in this Agreement as the "Applicant-Installed Facility." D. The required plans, specifications, and materials for the Applicant-Installed Facility have been approved by the Town. E. The Applicant desires that the Town take ownership of, operate, and service the Appli- cant-Installed Facility F. The Town is willing to accept the Applicant-Installed Facility and permit it to be con- nected to the Town water system provided it meets Town standards and the work is done in accor- dance with Town requirements. AGREEMENT Now, THEREFORE, in consideration of the foregoing premises and the mutual covenants set forth in this Agreement, the Parties hereby agree as follows: 1. General I. I. Applicant installation of the Applicant-Installed Facility. The Applicant has designed and shall install, at Applicant's own expense, the water infrastructure improvements as depicted in Plan No. ENG-0708-022 as approved by the Town and on file in the office of the Town of Marana Water Utility (the "Facility Plan"). The water infrastructure improvements depicted on the Facility Plan are referred to in this Agreement as the "Applicant-Installed Facility," and shall conform to the design standards of the City of Tucson Water Department and the Town of Ma- (Sterling Meadows WSA - I - 1/16/2008 rana Municipal Water Code and special specifications and details as approved by the Town and by this reference made a part of this Agreement. The Facility Plan shall include a plan note iden- tifying the Applicant-Installed Facility as a new water facility and shall show any and all altera- tions to the existing water system. Construction and installation of the Applicant-Installed Facil- ity in accordance with the Facility Plan, including without limitation all labor, materials, equip- ment, supplies, and tools required for the construction and installation, is referred to in this Agreement as the "Work." 1.2. Work by licensed contractor. The Work shall be performed by a contractor properly li- censed by the State of Arizona as determined by the Arizona Registrar of Contractors. In addi- tion to any other contractor's license classifications required by the Arizona Registrar of Con- tractors, the contractor shall hold contractor's license classifications A, A- 12 and A- 16. 1.3. Payment of connection fees. Before any service connections are made from the Town's water system to the Applicant-Installed Facility, the Applicant shall pay to the Town the connec- tion fees and any other fees required by the Marana Municipal Water Code. 1.4. Fair-share water delivery infrastructure contribution. The applicant shall pay its fair share of the costs of water projects that directly serve the Property, currently estimated to total $67,243.00, determined as follows: 1.4.1 Protected main fee of $9,243 (650 feet at $14.22 per foot). 1.4.2 25% of the total cost of the Hartman Lane interconnect currently estimated at $232,000 or $58,000 for this development. 1.5. Anticipated costper meter. The total charge for each one-inch water meter to be installed on the Subject Property is currently anticipated to be $7,037.00, including the meter fee, infra- structure impact fee, gravity storage and renewable water resource fee and per connection fee per IGA with Oro Valley. 1.6. Applicant-Installed Facility acceptance by Town. No service connections shall be made from the Town's water system to the Applicant-Installed Facility until the Applicant-Installed Facility has been accepted by the Town in accordance with the Marana Municipal Water Code. 1.7. Frontage requirement. Any property connecting onto a water main shall have a mini- mum of fifteen feet of frontage on that main. A water easement or other utility easement shall not constitute frontage for purposes of this paragraph. 1.8. Meter application requirements. A meter application will be accepted only if the prop- erty to be served fronts the waterline. Only one water meter application will be allowed per legal description unless the property owner can provide the Town with plans indicating the type of improvement or development taking place on the land that justifies more than one meter. If any portion of the property served by the water meter is sold, the owner of the portion of land that fronts the water main shall have all rights associated with the water meter unless other arrange- ments are made with and approved by the Town of Marana Water Utility prior to the sale. (Sterling Meadows WSA 2 1/16/2008 1.9. Applicant's certification. Execution of this Agreement certifies that the Applicant has reviewed the Facility Plan and all other specifications applicable to the Work and has approved and agrees with the location of all service lines. 1.10. Termination for lack of Work. Approval of the Facility Plan shall lapse and this Agree- ment shall terminate if more than one year has passed since the date of this Agreement and the Work has not begun, or if the Work is discontinued for a period of one year. 2. Engineering and Inspection 2. 1. Registered civil engineer. When the cost of the Work exceeds $12,500.00, the Applicant shall employ a registered Civil Engineer to design, lay out, establish control lines for and certify the layout of the Work according to the Facility Plan. 2.2. Town inspector's authority. Any inspector authorized by the Town shall have full in- spection authority over the Work. 2.3. Inspection provisions. The Applicant shall furnish the Town's inspector with all facilities reasonably necessary to inspect the Work. The Work shall be subject to Town inspection at all times. Defective work shall be corrected in a manner satisfactory to the Town's inspector. In- spection by the Town is for the purpose of ensuring compliance with plans and specifications only. The Town makes no guarantee as to the safety or engineering soundness of plans prepared by Applicant or any contractor. 2.4. Payment of Town inspector's overtime cost. If scheduling by Applicant's contractor rea- sonably requires the Town's inspector to work overtime, the Applicant or Applicant's contractor shall pay the Town for any additional salaries, expenses or employee benefits relating to the overtime. For purposes of this paragraph, overtime is any time over 40 hours worked in a seven- day work period, any time over eight hours worked Monday through Friday, and any time worked on weekends and legal holidays observed by the Town. 3. Preconstruction Procedure 3. 1. Request to begin construction. The Applicant shall submit a written request to begin con- struction to the Town five working days before the Work is to commence. 3.2. Construction permit. This Agreement shall be completed, signed and notarized, and re- turned to the Town prior to issuance of a construction permit for the Work. 3.3. Start and completion of the Work. No portion of the Work shall begin until the Town has issued a construction permit specifying the starting date and a reasonable time for completion. 3.4. Progress of the Work. The work shall be commenced and carried on at such points and in such order as may be directed by the Town. 3.5. Materials sampling and testing. Materials shall be available for sampling and testing by the Town prior to being used in the Work. Materials that fail to meet Town specification shall be removed from the site. (Sterling Meadows WSA 3 1/16/2008 3.6. Permits and approvals. The Applicant shall, at Applicant's expense, obtain all necessary permits and licenses for the Work, pay all fees and comply with all laws, ordinances and regula- tions relating to the Work. 4. Construction 4. 1. Applicant's presence on site. The Applicant, or Applicant's designated agent, shall be present at all times during perfortnance of the Work. The name of the Applicant's designated agent and the contractor performing the Work shall be furnished to the Town before the Work begins. Instructions given by the Town to the designated agent shall be deemed to have been given to the Applicant. 4.2. Competence and diligence. The Applicant shall employ only competent and efficient la- borers, mechanics or artisans on the work, and the Applicant agrees to perform the work dili- gently to complete the work on or before the completion date given in the notice to proceed. 4.3. Paving. The Applicant shall identify and locate all water valves prior to paving and set valve boxes to final grade after paving. 4.4. Alterations to the existing Town water system. The Applicant shall, at Applicant's ex- pense, make any and all alterations to the existing water system either on-site or off-site necessi- tated by paving, drainage, or other improvements caused by the development of the Subject Property. 4.5. Worksite safety. The Applicant shall require all contractors and subcontractors perform- ing any portion of the Work to comply with all safety requirements of the Occupational Safety and Hazards Act as set forth by the Federal Government and as implemented by the State of Ari- zona. The Applicant or its contractors shall be solely responsible for all fines or other penalties provided for by law for any violations of the Occupational Safety Hazards Act. 5. Dedication 5. 1. Transfer of the Applicant-Installed Facility to the Town. Upon the Town's final accep- tance of the Work, the Applicant shall at no cost grant, bargain, sell, convey, transfer and deliver to the Town the Applicant-Installed Facility free and clear of all liens, claims, charges or encum- brances. 5.2. Two-year warranty. The Applicant guarantees the Work to be free from all failures due to poor workmanship or materials for a period of two years from the date of the Town's final ac- ceptance of the Work. 5.3. Other conflicting construction prohibited. The Applicant shall not construct or allow the construction of any utility, building, or other improvement that would interfere with the opera- tion or maintenance of the Applicant-Installed Facility. 5.4. Applicant's obligation to maintain finished grade. The Applicant guarantees that all ser- vice lines, meters, and meter boxes on the Subject Property will be to finished grade and that Applicant will remain responsible for raising or lowering said services as required until the Sub- ject Property is fully developed. {Sterling Meadows WSA 4 1/16/2008 5.5. Acceptance by the Town. The Town shall accept title to and take possession of the Ap- plicant-Installed Facility when the Work has been completed to the satisfaction of the Town. Subject to the Applicant's continuing obligations under this Agreement, the Town shall operate and service the Applicant-Installed Facility after taking over possession of it under this para- graph. 6. Miscellaneous 6. L Indemnity. Applicant shall indemnify, defend, and hold harmless the Town, its Mayor and Council, officers and employees, boards, committees and commissions from and against any loss, claim, suit, demand, cause of action, or liability of any nature, including but not limited to damage to property and injuries to persons, including death, arising or alleged to have arisen, in whole or in part, out of any negligent act or omission of Applicant or any contractor, subcontrac- tor, or any person employed directly or indirectly by any of them in the performance of the Work or in the operation of the Applicant-Installed Facility. 6.2. Binding effect. This agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the Parties. 6.3. Consent requiredfor assignment. Applicant may not assign this Agreement without the prior written consent of the Town. 6.4. Cancellationfor conflict of interest. This agreement is subject to A.R.S. § 38-511, which provides for cancellation in certain instances involving conflict of interest. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date set forth below their respective signatures. TOWN: THE TowN OF MARANA, an Arizona municipal Frank Cassidy, Town Attorney corporation By: Ed Honea, Mayor Date: ATTEST: Jocelyn C. Bronson, Clerk APPROVED AS To FORM: {Sterling Meadows WSA 5 1/16/2008 APPLICANT: By: Daniel Leung, Manager Pacific hitemational LLC, an Arizona Limited Liability Company Date: STATE OF ARIZONA ss County of Pima The foregoing instrument was acknowledged before me on by Error! Reference source not found., Error! Reference source not found. of Error! Reference source not found., Error! Reference source not found., on behalf of the corporation. My commission expires: Notary Public {Sterling Meadows WSA 6 1/16/2008 EXHIBIT "A" LOCATION MAP OF THE DEVELOPMENT WITH LEGAL DESCRIPTION (Sterling Meadows WSA 1/16/2008 ,C0,*N 0 TOWN COUNCIL 7 MEETING TOWN OF MARANA 11 NIARA?Nt 7 INFORMATION Olzoml MEETING DATE: February 19, 2008 AGENDAITEM: 1.3 TO: MAYOR AND COUNCIL FROM: Keith Brann, P.E., Town Engineer SUBJECT: Resolution No. 2008-25: Relating to Development; approving a release of assurances for Ironwood Reserve Block 3 and acceptance of public improvements for maintenance. DISCUSSION This resolution will release the Assurance between Pulte Homes Corporation, Lawyers Title of Arizona and the Town of Marana, regarding Ironwood Reserve Block 3 as depicted on Exhibit A. Ironwood Reserve Block 3 subdivision is comprised of lots 69 through 147, parcels "B,""C" and Common Areas "D" and "E". The subdivision has been recorded in the Pima County Recorder's Office. In releasing said Assurance, the Town of Marana will accept for maintenance, including regulatory traffic control signs and street signs, approximately 0.71 miles of the following paved streets: • Moonfire Drive • Crosswater Loop • Crosswater Court The Town accepts for maintenance, a potable water system including 3535 linear feet of water line, 79 water meters, appurtenances, valves and fire hydrants for the above referenced project. ATTACHMENTS Exhibit A - Map of streets to be accepted RECOMMENDATION Staff recommends the release of the Assurance for Ironwood Reserve Block 3 and acceptance of the public improvements for maintenance. SUGGESTED MOTION I move to approve Resolution No. 2008-25. Ironwood Reserve Lots 69 - 14 7 Full Release MARANA RESOLUTION NO. 2008-25 RELATING TO DEVELOPMENT; APPROVING A RELEASE OF ASSURANCES FOR IRONWOOD RESERVE BLOCK 3 AND ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR MAINTENANCE. WHEREAS, Ironwood Reserve Block 3 is a 20.44 acre subdivision located north of Pima Farms Road, containing lots 69 through 147, parcel "B" and "C" and Common Areas "D", "E", and is recorded at the Pima County Recorder's Office in Book 58 of Maps and Plats, Page 80; and WHEREAS, the Town has Assurance assuring the completion of public improvements; and WHEREAS, Pulte Homes Corporation, has completed the public improvements acceptable to Town standards in accordance with the Assurance Agreement for Ironwood Reserve Block 3; and NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana as follows: Section 1. Ironwood Reserve Block 3 is hereby released from the Assurance Agreement with Pulte Homes Corporation under Trust 7924-T. Section 2. The Town accepts for maintenance, including maintenance of regulatory traffic control and street signs, for maintenance, approximately 0.71 miles of the following paved streets as shown on Exhibit A: Moonfire Drive Crosswater Loop Crosswater Court Section 3. The Town accepts for maintenance, a potable water system including 3535 linear feet of water line, 79 water meters, appurtenances, valves, and fire hydrants for the above referenced project. Marana Resolution No. 2008-25 Page 1 of 2 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 19th day of February, 2008. Mayor Ed Honea. ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Marana Resolution No. 2008-X Page 2 of 2 m ? rLL- 71? m Nooll,Ww S C E N ; C DR I ? E _ 2643 09' 31. Z; ,4 Egg-aw-0. 38,38888, Ab 0 79 -f 4- -P eo, '-p W-C _ so o b 4r ly ?, 0 61 D 0Q, 54 ? a, S?, ?94 W3 26 o3 CD Co m CA) i - x r6 X1 99? 71 > 10, ilk :g n, co O-W/N 0 TOWN COUNCIL , -'! '? -I MEETING TOWN OF MARANA 11 M??ANA 7 INFORMATION ( MEETING DATE: February 19, 2008 AGENDAITEM: 1.4 TO: MAYOR AND COUNCIL FROM: Keith Brann, P.E., Town Engineer SUBJECT: Resolution No. 2008-26: Relating to Development; approving a release of assurances for Gladden Farms Regional Park and acceptance of public improvements for maintenance. DISCUSSION Approval of this Resolution will place Gladden Farms Regional Park into the Town of Marana Park System. Gladden Farms Regional Park improvements and dedication to the Town of Marana meets the requirements of Forest Cities (Developer) under the Gladden Farms Development Agreement. In accepting Gladden Farms Regional Park, the Town of Marana will accept all park facilities for maintenance, including park equipment, buildings, sidewalks, parking area, a potable water system including 1,270 linear feet of water line, a non-potable water system including 1440 linear feet of water line, three (3) water meters, appurtenances, valves and fire hydrants for the above referenced project and other civil improvements. ATTACHMENTS Exhibit A - Park Location RECOMMENDATION Staff recommends Mayor and Council release the Assurances for Gladden Farms Regional Park and accept the public improvements for maintenance. SUGGESTED MOTION I move to approve Resolution No. 2008-26. Gladden Farms Regional Park Full Release MARANA RESOLUTION NO. 2008-26 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, ACCEPTING GLADDEN FARMS REGIONAL PARK INTO THE TOWN OF MARANA PARKS SYSTEM. WHEREAS, Gladden Farms Regional Park was a required improvement and dedication by the Gladden Farms Development Agreement and is located entirely within the boundaries of the Town of Marana; and WHEREAS, Gladden Farms Regional Park is not presently included in the Town of Marana Parks System; and WHEREAS, Gladden Farms Regional Park has been inspected and -recommended for acceptance into the Town of Marana Parks System by the Town Engineer and the Parks and Recreation Director. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town ofMarana as follows: Section 1. That Gladden Farms Regional Park shall be accepted into the Town of Marana Parks System and be maintained as a public park. Section 2. The Town accepts for maintenance, a potable water system including 1270 linear feet of potable water line, 3 water meters, 1440 linear feet of non-potable water line appurtenances, valves and fire hydrants for the above referenced project, valued at $200,488. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 19'h day of February, 2008. ATTEST: Mayor ED HONEA Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana, Arizona Resolution No. 2008-26 Page I of 1 a 1,14 I 3 aw- ggl C3 0 - 1 0 wig 2X -0 P.. > M k! A ?' q , gg -, rVA A T2 I 'i2tl HVP qg- Wn 118M AH 'n E lk 5, 0 ?Nl ?4"'l R'-'R gi A i ?' A-0 a"a It, It ?27.sil l4ah t.Z r Nit'. dj'Uli 41 Z'k, R HMA 4x R "- - z ig g2 089 '?4t'. R A'R pig U-14 At ?v 9 - -T-- 41 AMR q YINZ C') Dj ' dtv I it - -11 OD 0 A 0 N TOWN COUNCIL MEETING TOWN OF MARANA "I MARANA INFORMATION QRIZ @ ut4? MEETING DATE: February 19, 2008 AGENDAITEM: 1.5 TO: MAYOR AND COUNCIL FROM: T. VanHook, Community Development Director SUBJECT: Resolution No. 2008-27: Relating to Community Development; granting $2,500 in Discretionary Funding to the Arizona Chapter, Paralyzed Veterans of America, Inc., an Arizona 501(c)(3) non- profit organization, to support Marana veteran athletes' participation in the 2008 National Veterans Wheelchair Games. DISCUSSION The Paralyzed Veterans of America (PVA) is a non-profit organization working to improve the quality of life of U.S. military veterans who have experienced a spinal cord injury. The Arizona Chapter (AZPVA) was founded in 1967 and incorporated as an Arizona 501 (c)(3) non-profit organization with the mission to provide advocacy for healthcare and to promote sports, education, and communication to improve the lives of disable veterans. AZPVA is providing services for a number of Marana residents injured in the Vietnam War and subsequent military actions. The National Veteran's Wheelchair Games are a joint effort between the Veterans Administration and PVA. AZPVA and the Veterans Administration Medical facilities in Tucson, Phoenix, and Prescott will join together to send Arizona veterans to the National Wheelchair Games in Omaha, Nebraska July 25 - 29, 2008. These games will provide Arizona veterans an opportunity to compete with veterans from across the country who share similar life issues. The games also offer a forum to educate the general public about the issues facing spinal cord injured veterans and the extraordinary accomplishments many have made as they recover from their injuries and become active members of the community. Among the Arizona veterans already qualifying for the games are at least two Marana residents. Funding is being requested to support transportation to and from the National Wheelchair Games, lodging, and meals for both athletes and attendants. RECOMMENDATION Staff recommends granting $2,500 in Discretionary Funding to the Arizona Chapter of the Paralyzed Veterans of America to support Marana veteran athletes participating in the 2008 National Wheelchair Games. SUGGESTED MOTION I move to approve Resolution No. 2008-27. 211212008 MARANA RESOLUTION NO. 2008-27 RELATING TO COMMUNITY DEVELOPMENT; GRANTING $2,500 IN DISCRETIONARY FUNDING TO THE ARIZONA CHAPTER, PARALYZED VETERANS OF AMERICA, INC., AN ARIZONA 501(C)(3) NON-PROFIT ORGANIZATION TO SUPPORT MARANA VETERAN ATHLETES' PARTICIPATION IN THE 2008 NATIONAL VETERANS WHEELCHAIR GAMES. WHEREAS, the Town of Marana has established a Discretionary Fund to support local non-profit organizations forwarding the priorities set by Mayor and Council; and WHEREAS, Mayor and Council recognizes the need to promote programs that encourage services for senior citizens, support youth and families, and encourage volunteerism; and WHEREAS, the Arizona Chapter of the Paralyzed Veterans of America, Inc., a community-based non-profit organization is providing advocacy and education for veterans who have experienced spinal cord injuries; and WHEREAS, Arizona Chapter of the Paralyzed Veterans of America and the Veterans Administration Medical facilities in Tucson, Phoenix, and Prescott are joining together to send Arizona veterans to the National Wheelchair Games in Omaha, Nebraska July 25 - 29, 2008; and WHEREAS, Mayor and Council find that granting the Discretionary Funding as set forth in this Resolution is in best interest of the Town of Marana and its veteran athletes. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, to grant the Arizona Chapter of the Paralyzed Veterans of America $2,500 from the Discretionary Fund to support sending Marana veteran athletes to the National Wheelchair Games in Omaha, Nebraska. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 19th day of February, 2008. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney ,OWN TOWN COUNCIL MEETING TOWN OF MARANA M A- R A?N L? 7 INFORMATION MEETING DATE: February 19, 2008 AGENDAITEM: 1.6 TO: MAYOR AND COUNCIL FROM: Frank Cassidy, Town Attorney SUBJECT: Resolution No. 2008-28: Relating to Municipal Court; providing for the temporary appointment of Thom Cope as a Marana Town Magistrate Pro Tempore; and declaring an emergency. DISCUSSION The Town of Marana magistrates pro tempore, who serve on an as-needed basis when Judge West is absent due to illness or vacation, are frequently unable to serve due to scheduling con- flicts. This item provides for the temporary appointment of Thom Cope as a Town of Marana magistrate pro tempore, to serve until the next formal magistrate pro tempore process is under- taken, probably in July 2009. Mr. Cope is an actively involved citizen of the Town of Marana. He is an attorney with over 30 years of experience whose flexible schedule and previous work experience, including six years as an administrative law judge and over 100 hours of mediation training, make him a good magistrate pro tempore candidate. RECOMMENDATION Staff recommends providing for the temporary appointment of Thom Cope as a Town of Marana magistrate pro tempore. SUGGESTED MOTION I move to adopt Resolution No. 2008-28. f 0000794 1. DOC / 2) 2/11/2008 12:41 PM FJC MARANA RESOLUTION NO. 2008-28 RELATING TO MUNICIPAL COURT; PROVIDING FOR THE TEMPORARY APPOINTMENT OF THOM COPE AS A MARANA TOWN MAGISTRATE PRO TEMPORE; AND DECLARING AN EMERGENCY. WHEREAS, the Town of Marana has a council-approved list of magistrates pro tempore who are called upon to fill in during the absence of the Town Magistrate; and WHEREAS, it appears that the individuals on the magistrate pro tempore list are sometimes not currently available to serve due to other commitments; and WHEREAS, Arizona Supreme Court Administrative Order 2002-66, paragraph E, provides for appointment of magistrates pro tempore on a temporary basis without following the normal selection process, until the next selection process occurs; and WHEREAS, Thom Cope is an attorney with over 30 years of experience whose flexible schedule and previous work experience, including six years as an administrative law judge and over 100 hours of mediation training, make him a good magistrate pro tempore candidate; and WHEREAS, the Town Council finds the appointment of a temporary magistrate pro tempore to be in the best interests of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that Thom Cope is hereby granted a temporary appointment as Town of Marana magistrate pro tempore, to serve until the next formal appointments of Town of Marana magistrates pro tempore are made. BE IT FURTHER RESOLVED that since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, an emergency is hereby declared to exist, and this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this I 91h day of February, 2008. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney ?00007942. DOC / 2) 2/11/2008 12:41 PM FJC N TOWN COUNCIL MEETING TOWN OF MARANA 11 ?IA_RANA 7 INFORMATION 4RIZOSK MEETING DATE: February 19, 2008 AGENDAITEM: J. I TO: MAYOR AND COUNCIL FROM: Kevin Kish, AICP, Planning Director SUBJECT: PUBLIC HEARING. Relating to Annexation; consideration of a request to annex approximately 33.5 acres south of Pima Farms Road and east of Interstate 10 and Union Pacific Railroad into the Town of Marana for the proposed Pima Farms Business Center. DISCUSSION The Town of Marana is initiating an annexation request for approximately 33.5 acres of land south of Pima Farms Road and east of Interstate 10 and Union Pacific Railroad, in a portion of Section 36, Township 12 South, Range 12 East. John Gutierrez and Pete Cutler, on behalf of the property owner, have submitted an application to the Town of Marana for the Annexation of approximately 33.5 acres. Currently the County zoning on the property is Suburban Homestead (SH). This annexation would translate the SH zoning to Marana's R-36 zoning, single-family residential with a minimum lot size of 36,000 square feet. It is the desire of the applicant to ultimately rezone the property to Heavy Industrial and develop an industrial business center. The concept of the industrial center is to create a variety of different sized spaces in order to accommodate many types of industrial users. The developers would be required to install all necessary on and off-site improvements as required by the Town. A blank petition was filed with the Pima County Recorder's Office on January 25, 2008. Pursuant to filing a blank petition with the Pima County Recorder's Office, this Public Hearing is mandated by State Statutes to be held within thirty days following such filing. All owners of real and personal property within the annexation area have been notified of this hearing, and have been given the opportunity to address the Mayor and Council with their concurrence or objections to this annexation. ATTACHMENTS Location Map, Legal description and official map of the proposed annexation. RECOMMENDATION No action is required - Public Hearing. 021908 Pima Farms Business Center Annexaton TC THE PIMA FARMS BUSINESS CENTER ANNEXATION EXHIBITS ARE NOT INCLUDED WITH THIS PACKET BUT ARE AVAILABLE FOR VIEWING IN THE TOWN CLERK'S OFFICE. N TOWN COUNCIL MEETING TOWN OF MARANA 9? MARANAP INFORMATION MEETING DATE: February 19, 2007 AGENDA ITEM: J. 2 TO: MAYOR AND COUNCIL FROM: Kevin Kish, AICP, Planning Director SUBJECT: PUBLIC HEARING: Ordinance No. 2008.06: Relating to Development; approving and authorizing a rezoning to create the Las Pilas Specific Plan. DISCUSSION Rezonin2 Reques LeadStar Engineering Company, LLC, on behalf of the property owners, requests approval of a rezoning on approximately 107.65 acres of land located north of Barnett Road, approximately one quarter mile east of Sanders Road, approximately one quarter mile west of Sandario Road, and south of Grier Road within a portion of the north half of Section 28, Township I I South, Range I I East. Approval of this request would rezone the subject area from "A" (Small Lot Zone) to "F" (Specific Plan) and adopt the Las Pilas Specific Plan. The Specific Plan will allow for a phased development consisting of a mix of residential densities and housing types, recreation and open space, and one and a half acres of commercial development on approximately 107.65 acres of land. The purpose of the "F" zoning is to provide functionality and creativity in the site planning and design that the developer is unable to achieve with conventional zoning. General Plan The Future Development Map of the Town of Marana General Plan Update, adopted December 19, 2007, designates the majority of the subject area (roughly, the northern 2/3 of the project area) as 'Town Center Planning Area', and a portion (the remaining 1/3 of the project area) as Medium-Density Residential (MDR) with a density range of 3.1-8.0 dwelling units per acre. The rezoning proposal requests approval of a specific plan thus requiring a land use designation of 'MPA' (Master Planning Area). The change in land use designation from 'MDR' and 'Town Center Planning Area' to 'MPA' requires a minor General Plan amendment and is also to be considered as part of the Specific Plan request. Land Use The Las Pilas Specific Plan proposes five (5) individual land use designations, and a maximum of 420 residential lots / units. Of the 107.65 acres, the Specific Plan contains four different product types for residential use on 106 acres, and 1.5 acres is proposed for commercial. The proposed land use designations are described as follows: 021908 PCZ-07061 Las Pilas Specific Plan TC Ei Residential Area 'R-A': single-family detached residential; minimum lot'size of 8,000 square feet. This designation is proposed to occupy 13.61 acres of the specific plan area, and will comprise 63 of the total lots. Ei Residential Area 'R-B': single-family detached residential; minimum lot size of 6,000 square feet. This designation is proposed to occupy 25.45 acres of the specific plan area, and will comprise 167 of the total lots. o Residential Area 'R-C': proposed as 'green court' development - single-family detached residential; minimum lot size of 3,600 square feet. Lots will be rear-loaded with the houses fronting onto a common courtyard area. Single-family detached development adhering to the development standards defined within the Residential Area 'R-B' may also be allowed within this designation. This designation is proposed to occupy 10.05 acres of the specific plan area, and will comprise 120 of the total lots. o Residential Area 'R-D': multi-family residential; maximum density of 20 du/ac. Proposed product may consist of apartments, condos, town homes, etc. This designation is proposed to occupy 3.76 acres of the specific plan area. Maximum allowable lot coverage is 60 percent. This designation will comprise 70 of the total lots. o Commercial 'C': allows various low intensity commercial uses such as professional offices, clinics, laboratories, government facilities, public utility offices, etc. This designation is proposed to occupy 1.5 acres of the specific plan area. Maximum allowable lot coverage is 60 percent. The balance of the site consists of 2.85 acres of Common Area 'A' for the development of a multi-use park, 20.45 acres of Common Area '13' to include amenities such as multi-use pedestrian paths and trails, and other on-site recreational facilities, and 29.98 acres of private and public roadways. Traffic Circulation The conceptual land use plan proposes multiple points of access for the Las Pilas development. The primary access will be via the future extension of Tangerine Farms Road to be constructed by the developer. Primary access is also proposed off of Grier Road, west of the Tangerine Farms alignment. Secondary access is also proposed via two connections with the Village at Barnett subdivision, adjacent to the west boundary of the Las Pilas development. A temporary access is proposed off of Barnett Road until one of the secondary access points is provided through the Village at Barnett. Internal circulation is proposed to consist of both private and public streets. The streets serving the 'green court' portion of the development will be private utilizing a right-of-way width of twenty-four (24) feet with twenty (20) feet of pavement. The applicant has proposed a reduction of right-of-way width from the Town's Subdivision Street Standards within this portion of the development. The Design Exception Report has been incorporated into the Appendix of the Specific Plan document. The public right-of-way within the Las Pilas development is proposed at a width of forty-six (46) feet with thirty-two (32) feet of pavement, which meets the Town's standards. _Z_ 021908 PCZ-07061 Las Pilas Specific Plan TC Road Improvements The developer will be responsible for the construction of all internal streets, as well as off-site roadway improvements as required by the Town. A Traffic Impact Analysis was prepared by Kimley Hom and Associates to provide preliminary analysis of traffic operations and recommended improvements. The analysis recommended such improvements as dedicated westbound left-turn lanes on Grier Road, as well as an all-way stop at the intersection of Grier Road and Sandario Road. Many of the improvements are recommended to occur in 2013, based upon the assumptions within the traffic analysis; however, additional traffic studies will be performed during the platting of Las Pilas that may indicate a different timeline. The developer will be responsible for the construction of the portion of Tangerine Farms Road throughout the Las Pilas development, as well as other improvements as deemed appropriate by the Town as based upon additional traffic studies performed during the platting of the project. Water and Sewer This proposed development will be served by Town of Marana Water. The owner/developer must enter into a Water Service Agreement with the Marana Municipal Water Company (MMWC) prior to the approval of the final plat. This agreement will address the potable and non-potable systems, and set forth the various agreements of the parties relating to, among other things, the interconnection from the existing water system, and the development, construction, dedication, ownership, and design of the water system to serve the development. The owner/developer will be required to fund, design, and construct the off-site and on-site sewers necessary to serve the Specific Plan area, and provide on-site flow-through sewers as deemed necessary at the time of review of the preliminary plat. Las Pilas is anticipated to be served via extension of existing sewer lines along Grier Road and along Sanders Road. Las Pilas will also be responsible for the construction of a public sewer main within the portion of Tangerine Farms Road adjacent to the project. Cultural Resources The site was surveyed in 2003 by Tierra Right-of-Way Services for archeological resources as summarized in the Specific Plan document. The survey identified one archaeological site partially contained within the property. Prior to obtaining a Certificate of Appropriateness and Certificate of Approval for this property allowing development to proceed, and prior to issuance of grading permits or any authorization for ground disturbance, a mitigation plan must be approved by the Town of Marana, and successfully implemented. Fire Protection A portion of the property is currently within the service area of the Northwest Fire District. The developer shall have completed or shall provide evidence to the Town's satisfaction that the developer has made a diligent effort to complete the process of having the entire Property annexed into a fire district or otherwise provide for fire protection service. The Northwest Fire District has approved the Specific Plan contingent upon compliance with conditions specified in the Recommended Conditions of Approval. Open Space, Recreation and Trails The Las Pilas specific plan proposes active and passive recreation areas throughout, and provides pedestrian linkages to adjacent developments including the proposed Barnett Linear Park. _J_ 021908 PCZ-07061 Las Pilas Specific Plan TC Common areas will address on-site recreation requirements and will meet or exceed the minimum adopted standards. Common Area 'A' is proposed as a 2.85 acre multi-use park to accommodate both active and passive recreation, as well as retention/ detention for some of the on-site generated stormwater. Common Area 'B' is proposed to consist largely of multi-use pedestrian paths and trails constructed of durable surfaces and designed to tie in to larger recreational areas within the development. Common Area 'B' will include other active on-site recreational facilities such as pocket parks, tot lots, sport courts, ramadas, picnic areas, jogging and fitness trails, bench seating, and similar facilities. These areas will be distributed throughout the project offering recreational opportunities within close proximity to all residents. Benefit Fees and School The project is located within the Town's Northwest Marana Transportation, Lower Santa Cruz River Flood Control Levee Project, and Marana Park Benefit Areas. The applicant has agreed to voluntarily contribute $1200 dollars per dwelling unit to the Marana Unified School District. All benefit fees and school contributions will be collected at the time of application for building permits with the exception of the levee fee. Desfian Standards Section IV of the Specific Plan defines the regulatory requirements for the proposed development. These regulations establish development standards to be used to evaluate and direct all planning and design within the project area. The Specific Plan will adhere to the Town's adopted residential and commercial design standards, as well as its own standards for the multi-family portion of the development. Staff finds that the proposed regulations are appropriate to allow enhanced design capabilities, and has no objection to the proposed standards. Citizen Participation The owners and their representatives held a neighborhood meeting on October 4, 2007 at the Marana Municipal Complex in order to obtain citizen input and inform neighboring property owners. Concerns were expressed regarding the proposed building heights, as well as access points from the future Tangerine Farms Road. The developer subsequently agreed to the following: o The proposed lots abutting the northern property line adjacent to any existing residential development will be restricted to single story. o Homes located generally along the northern half of the Layton property (Assessor's Parcel Number 217-40-0150) will be restricted to single story. (See Appendix B of the Specific Plan document). o Prior to platting, the neighboring property owners affected by the project's future access road from the future Tangerine Farms (Assessor's Parcel Numbers 217-40-0150, 17A, 18A, and 19B) will have the right to choose the point of access to their respective properties. (See Appendix B of the Specific Plan document). Waiver of Potential Arizona Property Ri2hts Protection-Act Compensation Claims To protect the Town against potential claims filed under the Arizona Property Rights Protection Act as a result of changes in the land use laws that apply to the rezoning areas by the Town's 021908 PCZ-07061 Las Pilas Specific Plan TC adoption of this ordinance, staff requires the applicant waive any rights to compensation for diminution in value by execution and recordation of the attached waiver instrument: the Consent to Conditions of Rezoning and Waiver of Claims for Possible Diminution of Value Resulting from Town of Marana Ordinance No. 2008.XX. Ordinance No. 2008.XX is not operative unless and until the applicant waives any potential compensation claims. If the applicant doesn't forward the waiver in time to record it within 90 days after the ordinance is passed, the ordinance becomes null and void, as if no action were ever taken to pass the ordinance. ATTACHMENTS Application, location map, and proposed Specific Plan document. RECOMMENDATION Staff recommends approval of the Las Pilas Specific Plan subject to the following conditions: RECOMMENDED CONDITIONS OF APPROVAL I . Compliance with all applicable provisions of the Town's Codes, and Ordinances current at the time of any subsequent development including, but not limited to, requirements for public improvements. 2. The subject rezoning site shall be limited to a maximum of 420 residential lots / units. 3. The developer shall dedicate, or cause to have dedicated, the necessary right-of-way for Tangerine Farms Road, and other right-of-way as determined appropriate by the Town of Marana, either by final plat or upon request by the Town of Marana. 4. No approval, permit or authorization by the Town of Marana authorizes violation of any federal or state law or regulation or relieves the applicant or the land owner from responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. Appropriate experts should be retained and appropriate federal and state agencies should be consulted to determine any action necessary to assure compliance with applicable laws and regulations. 5. Prior to final plat approval, the Developer shall have completed or shall provide evidence to the Town's satisfaction that Developer has made a diligent effort to complete the process of having all of the Property annexed into a fire district or otherwise provide for fire protection service. 6. The property owner shall not cause any lot split of any kind without the written consent of the Town of Marana. 7. A water service agreement and a master water plan must be submitted by the Developer and accepted by the Utilities Director prior to the approval of any Final Plat by the Town Council. 8. Installation of a non-potable water system shall be required to serve the common open space areas and other landscaped amenities, as accepted by the Town of Marana. 021908 PCZ-07061 Las Pilas Specific Plan TC If it is determined that such rights exist on the Property and are owned by the Developer at the time of final plat, the property owner shall transfer with the final plat, by the appropriate Arizona Department of Water Resources form, those water rights being IGR, Type I or Type 11 to the Town of Marana for the Town providing designation of assured water supply and water service to the Property. If Type I or Type 11 is needed on the Property, the Town and developer/ landowner shall arrive at an agreeable solution to the use of those water rights appurtenant to the Property. 10. A sewer service agreement and master sewer plan must be submitted by the Developer and accepted by the entity responsible for wastewater management and the Town Engineer prior to the approval of the Final Plat by the Town Council. 11. The owner/ developer shall complete the construction of all necessary public and/or private sewerage facilities as required by all applicable agreements and all applicable regulations, including the Clean Water Act and those promulgated by ADEQ before treatment and conveyance capacity in the downstream public sewerage system will be permanently committed for any new development within the specific plan area. 12. Based on the data found and recommendations made in the TIA, the following roadway improvements shall be the developer's responsibility to design and construct: a. The segment of Tangerine Farms Road (to its ultimate cross-section width) along the project's frontage. b. A left-turn lane on westbound Grier Road at Tangerine Farms Road. C. A left-turn lane on westbound Grier Road at the project's driveway on that roadway. d. A left-turn lane on eastbound Grier Road at Sandario Road. C. Any other required roadway improvements based on the data in the traffic studies prepared during the platting or development stages of this project. 13. Per the Northwest Fire District, language to be agreed upon by the Developer, builder, and Northwest Fire will be required on all subsequent subdivision plats and development plans establishing the Homeowner's Association as the entity responsible for the enforcement of parking restriction's within the Las Pilas development. 14. All homes within the Residential Area 'R-C' (Green Court) will be equipped with automatic fire sprinklers. 15. Northwest Fire District will require additional fire hydrants as specified by Northwest Fire District in approval of the water plan. 16. No accessory structure will be located within ten (10) feet of a main structure. 17. This project is located within the Northwest Marana Transportation, and Marana Park Benefit Areas, and will be subject to those fees at time of permitting. 18. This project is located within Lower Santa Cruz River Flood Control Levee Project area. The Developer shall pay $500.00 per acre (107.65 acres) of the affected Property for bank protection. The total obligation of the Developer for Las Pilas is $53,825.00. The Developer shall determine how to pay this obligation for the development with approval of each final plat or commercial development plan. 021908 PCZ-07061 Las Pilas Specific Plan TC 19. The developer has agreed to voluntarily contribute $1200 per dwelling unit to mitigate the effects of the proposed development on the Marana Unified School District. Fees are to be collected at time of permit issuance. 20. All lots abutting the northern property line adjacent to existing residential properties fronting on Grier Road will be restricted to single-story structures. 21. Lots along the northern half of the eastern boundary of Residential Area 'R-B', adjacent to the west property line of Assessor's Parcel Number 217-40-0150, shall be restricted to single story structures. 22. During the development review process, the property owners of the parcels south of the primary access into Las Pilas from the future Tangerine Farms Road alignment shall have the option to select, subject to approval from the Town of Marana, the location of access to their respective properties from the new roadway. This includes Assessor's Parcel Numbers 217- 40-0150, 017A, 0 1 8A, and 0 1 9B. 23. All cultural resource requirements must be successfully completed. Prior to obtaining a Certificate of Appropriateness and Certificate of Approval for this property allowing development to proceed, and prior to issuance of grading permits or any authorization for ground disturbance, a mitigation plan must be approved by the Town of Marana Environmental Engineering Division, and successfully implemented. 24. Covenants, codes and restrictions will be established for this project, and a homeowner's association established to manage the open space areas, private streets and any undeveloped areas. The covenants, conditions, and restrictions must be submitted with each final plat. 25. Upon adoption of the Ordinance by the Mayor and Council approving the Las Pilas Specific Plan, the applicant shall provide the planning department with the following final edition of the Las Pilas Specific Plan: one non-bound original; forty bound copies; and, one digital copy in Microsoft Word or other acceptable forinat (on CD), within sixty days of the recordation of the 207 Waiver. 26. The Master Developer shall submit an annual status report within 30 days of the anniversary of the Town Council's approval of the Specific Plan, in addition to those requirements listed in the Land Development Code. 27. The developer shall record an avigation easement with the recording of each final plat and upon approval of a commercial development plan. SUGGESTED MOTION I move to adopt Ordinance No. 2008.06, adopting the Las Pilas Specific Plan, with the recommended conditions. 021908 PCZ-07061 Las Pilas Specific Plan TC MARANA ORDINANCE NO. 2008.06 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A REZONING TO CREATE THE LAS PILAS SPECIFIC PLAN. WHEREAS, Tri-Marana Development Management and Consulting, LLC, are the property owners of approximately 107.65 acres of land located north of Barnett Road, approximately one quarter mile east of Sanders Road, approximately one quarter mile west of Sandario Road, and south of Grier Road within a portion of the north half of Section 28, Township I I South, Range 11 East, as depicted on Exhibit "A", attached hereto and incorporated herein by this reference; and, WHEREAS, the Marana Planning Commission held a public hearing on December 19,2007, and at said meeting voted unanimously to recommend that the Town Council approve said rezoning, adopting the recommended conditions; and, WHEREAS, the Marana Town Council heard from representatives of the owner, staff and members of the public at the regular Town Council meeting held February 19, 2008, and has determined that the rezoning meets the criteria for a minor amendment to the General Plan, changing the land use designation from Town Center Planning Area and Medium-Density Residential to Master Planning Area, and should be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council ofthe Town ofMarana, Arizona, as follows: Section 1. A minor amendment to the General Plan of approximately 107.65 acres of land located north of Barnett Road, approximately one quarter mile east of Sanders Road, approximately one quarter mile west of Sandario Road, and south of Grier Road within a portion of the north half of Section 28, Township I I South, Range I I East, changing the General Plan designation from Town Center Planning Area and Medium-Density Residential to Master Planning Area. Section 2. The zoning of approximately 107.65 acres of land located north of Barnett Road, approximately one quarter mile east of Sanders Road, approximately one quarter mile west of Sandario Road, and south of Grier Road within a portion of the north half of Section 28, Township I I South, Range 11 East (the "Rezoning Area"), is hereby changed from "A" (Small Lot Zone) to "F" (Specific Plan) creating the Las Pilas Specific Plan. Section 3. The purpose of this rezoning is to allow the use of the Rezoning Area for a mix of residential densities and housing types, recreation and open space, and one and a half acres of commercial development, subject to the following conditions, the violation of which shall be treated in the same manner as a violation of the Town of Marana Land Development Code (but which shall not cause a reversion of this rezoning Ordinance): Marana Ordinance No. 2008.06 1. Compliance with all applicable provisions of the Town's Codes, and Ordinances current at the time of any subsequent development including, but not limited to, requirements for public improvements. 2. The subject rezoning site shall be limited to a maximum of 420 residential lots / units. 3. The developer shall dedicate, or cause to have dedicated, the necessary right-of-way for Tangerine Farms Road, and other right-of-way as determined appropriate by the Town of Marana, either by final plat or upon request by the Town of Marana. 4. No approval, permit or authorization by the Town of Marana authorizes violation of any federal or state law or regulation or relieves the applicant or the land owner from responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. Appropriate experts should be retained and appropriate federal and state agencies should be consulted to determine any action necessary to assure compliance with applicable laws and regulations. 5. Prior to final plat approval, the Developer shall have completed or shall provide evidence to the Town's satisfaction that Developer has made a diligent effort to complete the process of having all of the Property annexed into a fire district or otherwise provide for fire protection service. 6. The property owner shall not cause any lot split of any kind without the written consent of the Town of Marana. 7. A water service agreement and a master water plan must be submitted by the Developer and accepted by the Utilities Director prior to the approval of any Final Plat by the Town Council. 8. Installation of a non-potable water system shall be required to serve the common open space areas and other landscaped amenities, as accepted by the Town of Marana. 9. If it is determined that such rights exist on the Property and are owned by the Developer at the time of final plat, the property owner shall transfer with the final plat, by the appropriate Arizona Department of Water Resources form, those water rights being IGR, Type I or Type 11 to the Town of Marana for the Town providing designation of assured water supply and water service to the Property. If Type I or Type 11 is needed on the Property, the Town and developer/ landowner shall arrive at an agreeable solution to the use of those water rights appurtenant to the Property. 10. A sewer service agreement and master sewer plan must be submitted by the Developer and accepted by the entity responsible for wastewater management and the Town Engineer prior to the approval of the Final Plat by the Town Council. 11. The owner/ developer shall complete the construction of all necessary public and/or private sewerage facilities as required by all applicable agreements and all applicable regulations, including the Clean Water Act and those promulgated by ADEQ before treatment and conveyance capacity in the downstream public sewerage system will be permanently committed for any new development within the specific plan area. 12. Based on the data found and recommendations made in the TIA, the following roadway improvements shall be the developer's responsibility to design and construct: a. The segment of Tangerine Farms Road (to its ultimate cross-section width) along the project's frontage. Marana Ordinance No. 2008.06 b. A left-tum lane on westbound Grier Road at Tangerine Farms Road. C. A left-tum lane on westbound Grier Road at the project's driveway on that roadway. d. A left-tum lane on eastbound Grier Road at Sandario Road. e. Any other required roadway improvements based on the data in the traffic studies prepared during the platting or development stages of this project. 13. Per the Northwest Fire District, language to be agreed upon by the Developer, builder, and Northwest Fire will be required on all subsequent subdivision plats and development plans establishing the Homeowner's Association as the entity responsible for the enforcement of parking restrictions within the Las Pilas development. 14. All homes within the Residential Area'R-C' (Green Court) will be equipped with automatic fire sprinklers. 15. Northwest Fire District will require additional fire hydrants as specified by Northwest Fire District in approval of the water plan. 16. No accessory structure will be located within ten (10) feet of a main structure. 17. This project is located within the Northwest Marana Transportation, and Marana Park Benefit Areas, and will be subject to those fees at time of permitting. 18. This project is located within Lower Santa Cruz River Flood Control Levee Project area. The Developer shall pay $500.00 per acre (107.65 acres) of the affected Property forbank protection. The total obligation of the Developer for Las Pilas is $53,825.00. The Developer shall determine how to pay this obligation for the development with approval of each final plat or commercial development plan. 19. The developer has agreed to voluntarily contribute $1200 per dwelling unit to mitigate the effects of the proposed development on the Marana Unified School District. Fees are to be collected at time of permit issuance. 20. All lots abutting the northern property line adjacent to existing residential properties fronting on Grier Road will be restricted to single-story structures. (See Exhibit B, attached). 2 1. Lots along the northern half of the eastern boundary of Residential Area 'R-B', adjacent to the west property line of Assessor's Parcel Number 217-40-0150, shall be restricted to single story structures. (See Exhibit B, attached). 22. During the development review process, the property owners of the parcels south of the primary access into Las Pilas from the future Tangerine Farms Road alignment shall have the option to select, subject to approval from the Town of Marana, the location of access to their respective properties from the new roadway. This includes Assessor's Parcel Numbers 217-40-0150, 017A, 0 1 8A, and 0 1 9B. (See Exhibit B, attached). 23. All cultural resource requirements must be successfully completed. Prior to obtaining a Certificate of Appropriateness and Certificate of Approval for this property allowing development to proceed, and prior to issuance of grading permits or any authorization for ground disturbance, a mitigation plan must be approved by the Town of Marana Environmental Engineering Division, and successfully implemented. Marana Ordinance No. 2008.06 24. Covenants, codes and restrictions will be established for this project, and a homeowner's association established to manage the open space areas, private streets and any undeveloped areas. The covenants, conditions, and restrictions must be submitted with each final plat. 25. Upon adoption of the Ordinance by the Mayor and Council approving the Las Pilas Specific Plan, the applicant shall provide the planning department with the following final edition of the Las Pilas Specific Plan: one non-bound original; forty bound copies; and, one digital copy in Microsoft Word or other acceptable format (on CD), within sixty days of the recordation of the 207 Waiver. 26. The Master Developer shall submit an annual status report within 30 days of the anniversary of the Town Council's approval of the Specific Plan, in addition to those requirements listed in the Land Development Code. 27. The developer shall record an avigation easement with the recording of each final plat and upon approval of a commercial development plan. Section 4. This Ordinance shall be treated as having been adopted and the 30-day referendum period established by Arizona Revised Statutes section ("A.R.S. §") 19-142(D) shall begin when the Town files with the county recorder an instrument (in a form acceptable to the Town Attorney), executed by the Developer and any other party having any title interest in the Rezoning Area, that waives any potential claims against the Town under the Arizona Property Rights Protection Act (A.R.S. § 12-1131 etseq., and specifically A.R. S. § 12-1134) resulting from changes in the land use laws that apply to the Rezoning Area as a result of the Town's adoption of this Ordinance. If this waiver instrument is not recorded within 90 calendar days after the motion approving this Ordinance, this Ordinance shall be void and of no force and effect. Section 5. All Ordinances, Resolutions and Motions and parts of Ordinances, Resolutions, and Motions of the Marana Town Council in conflict with the provisions of this Ordinance are hereby repealed, effective as of the effective date of Ordinance No. 2008.06. Section 6. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. Marana, Ordinance No. 2008.06 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 19'h day of February, 2008. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Ordinance No. 2008.06 THE LAS PILAS SPECIFIC PLAN IS NOT INCLUDED WITH THIS PACKET BUT IS AVAILABLE FOR VIEWING IN THE TOWN CLERK'S OFFICE. N TOWN COUNCIL 7 MEETING TOWN OF MARANA 11 MARANAP INFORMATION 1Z0 MEETING DATE: February 19, 2008 AGENDAITEM: J. 3 a. TO: MAYOR AND COUNCIL FROM: Gilbert Davidson, Deputy Town Manager SUBJECT: Resolution No. 2008-29: Relating to Administration; approving and authorizing the merger of the town's information technology department and applications and geographic information systems department into a single department renamed the technology services department; and designating an effective date DISCUSSION The Town of Marana currently has a vacancy for an Information Technology Director created by the departure of Tony Casella in January, 2008. In light of the current fiscal realities facing the Town, staff examined alternatives that would produce cost-savings while continuing to maintain or improve the level of information technology services delivered to the organization. Staff is recommending a merger between the separate departments of Geographical Information Systems (GIS) and Information Technology (IT) into a new department entitled Technology Services. This merger will bring together the talents of all staff members into a cohesive operating unit. This new department will have one director, which will oversee three primary functions: Telecommunication Hardware (e.g. computers, phones, and radio towers); Software and Applications; and Geographical Information Systems and Addressing services. Its primary mission will be to support the internal operations of the Town of Marana. A secondary mission will include the comprehensive development and implementation of a Town-wide technology strategic plan (i.e. Technologically Competing in the 21" Century). This merger will result in an estimated annual net cost savings of $86,068 in FY 2008 dollars and will involve the following position changes: • Elimination of the GIS Director position (estimated annualized salary and benefit savings of $99,688). • Reclassification of the IT Director position to a Technology Services Director, followed by an internal recruitment process among existing staff to identify the successful candidate (no change in budgeted salary/benefits). • Reclassification of an existing position (yet to be named) to a Senior Technology Services Manager following an internal recruitment process to select the successful candidate for the position (incremental cost up to a maximum of $13,620 for appointment of current staff member-actual amount depends upon current salary of successful candidate). 212412004 1:33 PMFJC An internal competitive recruitment process to fill both the Technology Services Director and the Senior Technology Services Manager will be conducted upon the Council's approval of the attached resolutions. This recruitment process will be limited to existing staff in both departments. Applications and resumes will be required, followed by fonnal interviews using a panel that includes outside evaluators from other agencies in the region (i.e. University of Arizona and Oro Valley). RECOMMENDATION Staff recommends approval of the merger of the Departments of Information Technology and Geographical Information Systems into a new Technology Services Department. SUGGESTED MOTION I move to approve Resolution No. 2008-29. -2- MARANA RESOLUTION NO. 2008-29 RELATING TO ADMINISTRATION; APPROVING AND AUTHORIZING THE MERGER OF THE TOWN'S INFORMATION TECHNOLOGY DEPARTMENT AND APPLICATIONS AND GEOGRAPHIC INFORMATION SYSTEMS DEPARTMENT INTO A SINGLE DEPARTMENT RENAMED THE TECHNOLOGY SERVICES DEPARTMENT; AND DESIGNATING AN EF- FECTIVE DATE. WHEREAS. the Town currently has two separate departments that handle technology ser- vices, the Information Technology (IT) Department and the Applications and Geographic Informa- tion Systems (GIS) Services Department; and WHEREAS the merger of the two departments into one department renamed the Technology Services Department would bring together the talents of the Town's IT and GIS Departments into one cohesive operating unit and would better allow the Town to develop and implement a compre- hensive Town-wide technology strategic plan; and WHEREAS the Town Council finds that merging the IT and GIS Departments into a single Technology Services Department as set forth in this resolution is in the best interests of the Town and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, THAT: SECTION 1. The Information Technology Department and the Applications and Geo- graphic Information Systems Department are hereby merged into one department and renamed the Technology Services Department. SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the actions authorized by this resolution. SECTION 3. This resolution shall become effective upon completion of the recruitment process for the Technology Services Director when a candidate has been selected and has accepted the position. tOO007995.DOCI) JF 2111108 PASSED, ADOPTED, and APPROVED by the Mayor and Council of the Town of Marana, Arizona, this I 9TH day of February, 2008. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Deputy Town Attorney [00007995.DOCII JF 2111108 .,-OWN n TOWN COUNCIL MEETING TOWN OF MARANA 11 4MI-A 17 S'A INFORMATION JRIZOS?-_ MEETING DATE: February 19, 2008 AGENDAITEM: J. 3. b TO: MAYOR AND COUNCIL FROM: Gilbert Davidson, Deputy Town Manager SUBJECT: Resolution No. 2008-30: Relating to Personnel; amending the town's classification plan by eliminating the positions of information technology director and geographic information systems director and creating the positions of technology services director and senior technology services manager; and designating an effective date. DISCUSSION The Town of Marana currently has a vacancy for an Information Technology Director created by the departure of Tony Casella in January, 2008. In light of the current fiscal realities facing the Town, staff examined alternatives that would produce cost-savings while continuing to maintain or improve the level of information technology services delivered to the organization. Staff recommended a merger (Resolution No. 2008-29) between the separate departments of Geographical Information Systems (GIS) and Infon-nation Technology (IT) into a new department entitled Technology Services. This merger will bring together the talents of all staff members into a cohesive operating unit. This new department will have one director, which will oversee three primary functions: Telecommunication Hardware (e.g. computers, phones, and radio towers); Software and Applications; and Geographical Information Systems and Addressing services. Its primary mission will be to support the internal operations of the Town of Marana. A secondary mission will include the comprehensive development and implementation of a Town-wide technology strategic plan (i.e. Technologically Competing in the 2 I't Century). The merger will result in an estimated annual net cost savings of $86,068 in FY 2008 dollars and will involve the following position changes: • Elimination of the GIS Director position (estimated annualized salary and benefit savings of $99,688). • Reclassification of the IT Director position to a Technology Services Director, followed by an internal recruitment process among existing staff to identify the successful candidate (no change in budgeted salary/benefits). • Reclassification of an existing position (yet to be named) to a Senior Technology Services Manager following an internal recruitment process to select the successful 212412004 1:33 PMFJC candidate for the position (incremental cost up to a maximum of $13,620 for appointment of current staff member-actual amount depends upon current salary of successful candidate). An internal competitive recruitment process to fill both the Technology Services Director and the Senior Technology Services Manager will be conducted upon the Council's approval of the attached resolution. This recruitment process will be limited to existing staff in both departments. Applications and resumes will be required, followed by formal interviews using a panel that includes outside evaluators from other agencies in the region (i.e. University of Arizona and Oro Valley). ATTACHMENTS Job descriptions for a Technology Services Director and Senior Technology Services Manager. RECOMMENDATION Staff recommends approval to amend the Town's classification and salary plan to effect the position changes necessary to reflect the intent of the resolution merging the departments. SUGGESTED MOTION I move to approve Resolution No. 2008-30. -2- MARANA RESOLUTION NO. 2008-30 RELATING TO PERSONNEL; AMENDING THE TOWN'S CLASSIFICATION PLAN BY ELIMINATING THE POSITIONS OF INFORMATION TECHNOLOGY DIRECTOR AND GEO- GRAPHIC INFORMATION SYSTEMS DIRECTOR AND CREATING THE POSITIONS OF TECHNOLOGY SERVICES DIRECTOR AND SENIOR TECHNOLOGY SERVICES MAN- AGER; AND DESIGNATING AN EFFECTIVE DATE. WHEREAS the Town's Personnel Policies and Procedures Section 3-2-2 provides that the Town's classification plan maybe amended from time to time by Council and that Council must ap- prove any additions to the Town's classification plan; and WHEREAS the Town Council finds that amending the Town's classification plan as set forth in this resolution is in the best interests of the Town and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, THAT: SECTION 1. The Town's classification plan is amended to eliminate the positions of Infor- mation Technology Director and Geographic Information Systems Director. SECTION 2. The Town's classification plan is amended to create the new position of Tech- nology Services Director, an unclassified position on the pay scale with all other department direc- tors, and the position of Senior Technology Services Manager, a classified position at salary grade 72. SECTION 3. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the amendments to the classification plan authorized by this resolution. SECTION 4. This resolution shall become effective upon completion of the recruitment process for the Technology Services Director when a candidate has been selected and has accepted the position. 100007993.DOCI) JF 2111108 PASSED, ADOPTED, and APPROVED by the Mayor and Council of the Town of Marana, Arizona, this I 9TH day of February, 2008. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Deputy Town Attorney tOO007993.DOCI) JF 2111108 MARANA Human Resources Department Position Title: Technology Services Manager Department: Technology Services Job Code: eDOT code: Sic code: Workers Comp ensation code: EEOC Code: Reports to. Director of Technology Services Salary Range: 72 M Exempt ONon-Exempt Full-time Part-time M Permanent [:] Temporary [:] Seasonal M Classified E] Unclassified Revision Date: 02/11/08 Position Summary: Under the general guidance of the Director of Technology Services, supervises staff and/or manages specialized database systems or applications or operating systems. Plans, coordinates, and participates in the development, maintenance, and support of departmental automated information systems. Essential Job Functions: : (Essential functions, as defined under the Americans with Disabilities Act, may include the following tasks, knowledge, skills, and other characteristics. This list of tasks is ILLUSTRATIVE ONLY, and is not a comprehensive listing of all functions and tasks performed by positions in this class.) Tasks: Plans, coordinates, and participates in departmental automated information systems activities and, depending upon the area of assignment, supervises technical and support staff, and evaluates performance; Responsible for current and long-range information systems activities within a department or major work unit; Performs specialized, professional information systems activities specific to the department of assignment; Develops, maintains, implements, and supports departmental automated information systems; Analyses and evaluates existing manual processes and recommends and develops automated processes for more efficient operation; Designs, programs, operates, and maintains specialized database systems and/or applications; Evaluates and determines specifications for departmental software and hardware and oversees the ordering and installation of new systems; Evaluates and solves technical problems with information processing systems and documents resolutions; Designs and conducts research projects, performs statistical analysis, evaluates results, and prepares reports; Participates in the development of specifications for contracts and proposals following legal guidelines; MARANA Human Resources Department Supervises staff, a program, function, or service, which may include: prioritizing and assigning work; conducting performance evaluations; ensuring staff are trained; ensuring that employees follow policies and procedures; maintaining a healthy and safe working environment; and, making hiring, termination, and disciplinary recommendations; Monitors and maintains department inventory; and orders required supplies, materials, and equipment to ensure efficient operations; Coordinates department-wide initiatives for the enhancement and improvement of service and program delivery. Supervision Exercised: Establish work standards and schedules and ensure their effective implementation in the department; assign work to employees and train employees in work procedures and methods; review employees'work for adequacy and take steps to correct inadequate performance; approve employees'work schedules and time reports. Manage positions and personnel to make best use of employees; select employees and develop their capabilities; plan for succession of key personnel; counsel employees effectively; administer discipline; handle employee relations matters in accordance with the Town's Human Resources policies, guidelines and procedures. Instruction/training/coaching - Evaluate the knowledge and skill level of the staff to perform assigned duties. Determine if the employee requires close supervision and training in all or certain areas of their responsibilities or does the employee require minimal training and guidance. If the employee requires additional training, facilitate and/or coordinate the attendance of classes or seminars to increase the knowledge in deficient areas. Measure the accuracy, thoroughness, and neatness of work. Ensure that the staff is adhering to the policies and procedures set forth in the guidelines. In determining the quality of out put, there is a need to consider the amount of work completed or the working speed and the extent to which the work is completed on schedule. Evaluate the ability to perform a competent job, the dependability, acceptance of responsibility, and the initiative of the employee must be considered when evaluating and supervising the employee. Performance Appraisals - Evaluate the staff on their anniversary date. If warranted recommend salary increase within the prescribed guidelines. Discipline - The purpose of discipline is simple. it is to encourage employees to meet established standards of job performance and to behave sensibly and safely at work. Discipline is a form of training. The objective is to help wayward employees develop their own self-control so that they are not drawn over the line that separates acceptable from unacceptable behavior Grievance - Make sure there is an atmosphere which induces employee grievances, combined with an attitude that invites employees to air their grievance and a cheerful readiness to deal with complaints justly and harmoniously, has an inestimable value in creating and maintaining good morale. 2 MARANA Human Resources Department Follow up/follow through - A very important function in assigning work, or dealing with problems or concerns. Follow-up and follow through has several functions. First, follow up guides subordinates and lets them know that the supervisor is aware of their activities and is there to assist them. Follow through sets a good example and builds confidence in the supervisor. If the employees know that an issue will be followed up by the supervisor there is more belief and trust in the supervisor that their problems will be heard and taken care of. Troubleshooting - Troubleshooting is very much associated with problem solving. The same basis rules apply. Identify problem; describe the problem; gather the facts; set an objective; determine problem causes; find solutions evaluate solutions and lastly develop an action plan to implement the recommended solutions. Essential Job Requirements: Education: Bachelor's degree in Computer Science, Management Information Systems, or equivalent education and experience. Experience: Three years of progressively responsible technology experience. Management or supervisory experience over technical staff is desired. Knowledge: Principles and practices of business or public administration. Considerable knowledge of PC/LAN computer operations, networks, PC based applications, GIS operations; voice/data communication systems, and other related electronic information service activities and applications. Strong understanding of relational database architecture and concepts. Working knowledge of LAN/WANs and network protocols (TCP/IP) desired Considerable knowledge of information technology trends and new applications Ability to: Communicate effectively, verbally and in writing. Develop long and short range plans. Manage, administer and coordinate the activities and functions of the unit. Plan for and implement organizational and procedural improvements within a complex system of multiple functions. Resolve operational and procedural problems. Maintain a professional demeanor during stressful situations. 3 MARANA Human Resources Department Establish and maintain effective working relationships with the public, town personnel, and interested and affected parties. Respond to citizen requests in a courteous and effective manner. Make sound and reasonable decisions in accordance with laws, ordinances, regulations and established procedures. Perform a wide variety of duties and responsibilities with accuracy and speed under the pressure of time-sensitive deadlines. Demonstrate integrity, ingenuity and inventiveness in the performance of assigned tasks. Required Skills: Ability to exercise strong judgment in analyzing, appraising, evaluating, and solving complex problems. Strong interpersonal and leadership skills. Ability to motivate and provide leadership to IS and GIS staff. Ability to plan, organize, and prioritize work assignments. Ability to manage multiple projects/assignments and meet deadlines. Ability to establish and maintain effective working relationships with coworkers, customers, and others. Preferred skills: Special Job Requirements: Working Conditions: Work is performed in normal office setting. Noise level is moderate, primarily from office machines. The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is frequently required to sit and turn, and talk or hear, use hands to finger, handle, feel or operate objects, tools, or controls; and reach with hands and arms. Hazards: No perceptible hazards. Selection Guidelines: Formal application; rating of education and experience; oral interview and reference check; job-related tests may be required. EXPECTED BEHAVIOR: Staff - Expected Behavior 4 MARANA Human Resources Department The incumbent is expected to embrace, support, and promote the Town's values, beliefs, and culture, which include but are not limited to the following: High ethical standards Active participation in teamwork Strong safety principles and safety awareness Active participation in town-wide activities These traits are not basic job requirements but are expected behavior. Other duties and responsibilities will be performed as assigned. + * * * 5 MARANA Human Resources Department LIMITATIONS AND DISCLAIMER The above job description is meant to describe the general nature and level of work being performed; it is not intended to be construed as an exhaustive list of all responsibilities, duties and skills required for the position. All job requirements are subject to possible modification to reasonably accommodate individuals with disabilities. Some requirements may exclude individuals who pose a direct threat or significant risk to the health and safety of themselves or other employees. This job description in no way states or implies that these are the only duties to be performed by the employee occupying this position. Employees will be required to follow any other job-related instructions and to perform other job-related duties requested by their supervisor in compliance with Federal and State Laws. Requirements are representative of minimum levels of knowledge, skills and/or abilities. To perform this job successfully, the employee must possess the abilities or aptitudes to perform each duty proficiently. Department Head Name/Signature Date Human Resources Approval/Comments: Authorized Human Resources Signature Date 6 MARANA Human Resources Department Position Title: Director of Technology Services Department: Technology Services Job Code: eDOT code: Sic code: Workers Comp ensation code: EEOC Code: Reports to: De puty Town Manager Salary Range: Unclassified • Exempt ONon-Exempt M Full-time El Part-time • Permanent El Temporary El Seasonal L] Classified Z Unclassified Revision Date: 02/11/08 Position Summary: Under the general guidance of the Deputy Town Manager, develop and maintains strategic plans identifying information technology and communication applications to support current or future Town goals. Direct, plan, and organize all activities and personnel engaged in Technical Services for the Tow, including, but not limited to telecommunication hardware,(e.g. computers, phones, and radio towers); software and applications; and geographic information systems and addressing services. Ensures the effective, efficient, and secure operation of all information and communication systems and performs related work as required. The Technology Services Director is also responsible for providing advice and guidance on how to best use information technology resources and ensuring that the investments in technology are sound. Essential Job Functions: : (Essential functions, as defined under the Americans with Disabilities Act, may include the following tasks, knowledge, skills, and other characteristics. This list of tasks is ILLUSTRATIVE ONLY, and is not a comprehensive listing of all functions and tasks performed by positions in this class.) Tasks: Develop and maintain a strategic plan identifying information technology applications to support current and future Town goals and objectives. Assess and report on current information systems procedures, practices, and equipment; make recommendations. Serve as technology consultant and make recommendations for the use of new technology to departments. Solicit input from users, and review proposals for changes to existing systems submitted; recommend updates, enhancements, or replacements. Develop bid specifications or RFP's for equipment/software purchases. Lead, supervise, manage, and mentor staff by building a team through conducting performance reviews, holding staff meetings, hiring and disciplining, promoting safety, giving advice and guidance, delegating duties, identifying training needs and providing proper training. Select, develop, and motivate qualified staff to provide quality customer service. Direct and prioritize the work of the Technical Services staff. MARANA Human Resources Department Prepare and monitor the Technical Services budget, lead department operational and strategic planning efforts, and plan, organize, and negotiate allocation of Technical Services and department resources. Maintain knowledge of developments in the area of systems and hardware to assure that new developments are incorporated in future Town systems. Develop, recommend, and administer, IS policies, standards, and practices, and security measures to ensure effective and consistent information management operations. Select, develop, and motivate qualified staff to provide quality customer service. Oversee the technical support process for stakeholders, including troubleshooting and analyzing of systems, administration of system security, installation of preventative maintenance software, and negotiation and monitoring of service agreement with vendors. Develop and maintain strategic alliances with other governmental organizations to leverage the city's information technology resources. Develop, maintain, and facilitate implementation of a sound and integrated IT architecture. Conduct project feasibility studies and make recommendations, as needed. Direct and prioritize the work of the information technology and GIS staff. Prepare various correspondence, records, and reports on departmental activities. Establish and maintain good working relationships with contractors, equipment vendors, and internal customers. Supervision Exercised: Establish work standards and schedules and ensure their effective implementation in the department; assign work to employees and train employees in work procedures and methods; review employees'work for adequacy and take steps to correct inadequate performance; approve employees'work schedules and time reports. Manage positions and personnel to make best use of employees; select employees and develop their capabilities; plan for succession of key personnel; counsel employees effectively; administer discipline; handle employee relations matters in accordance with the Town's Human Resources policies, guidelines and procedures. Instruction/training/coaching - Evaluate the knowledge and skill level of the staff to perform assigned duties. Determine if the employee requires close supervision and training in all or certain areas of their responsibilities or does the employee require minimal training and guidance. If the employee requires additional training, facilitate and/or coordinate the attendance of classes or seminars to increase the knowledge in deficient areas. Measure the accuracy, thoroughness, and neatness of work. Ensure that the staff is adhering to the policies and procedures set forth in the guidelines. In determining the quality of out put, there is a need to consider the amount of work completed or the working speed and the extent to which the 2 MARANA Human Resources Department work is completed on schedule. Evaluate the ability to perform a competent job, the dependability, acceptance of responsibility, and the initiative of the employee must be considered when evaluating and supervising the employee. Performance Appraisals - Evaluate the staff on their anniversary date. If warranted recommend salary increase within the prescribed guidelines. Discipline - The purpose of discipline is simple. It is to encourage employees to meet established standards of job performance and to behave sensibly and safely at work. Discipline is a form of training. The objective is to help wayward employees develop their own self-control so that they are not drawn over the line that separates acceptable from unacceptable behavior Grievance - Make sure there is an atmosphere which induces employee grievances, combined with an attitude that invites employees to air their grievance and a cheerful readiness to deal with complaints justly and harmoniously, has an inestimable value in creating and maintaining good morale. Follow up/follow through - A very important function in assigning work, or dealing with problems or concerns. Follow-up and follow through has several functions. First, follow up guides subordinates and lets them know that the supervisor is aware of their activities and is there to assist them. Follow through sets a good example and builds confidence in the supervisor. If the employees know that an issue will be followed up by the supervisor there is more belief and trust in the supervisor that their problems will be heard and taken care of. Troubleshooting - Troubleshooting is very much associated with problem solving. The same basis rules apply. Identify problem; describe the problem; gather the facts; set an objective; determine problem causes; find solutions evaluate solutions and lastly develop an action plan to implement the recommended solutions. Essential Job Requirements: Education: Bachelor's degree in Computer Science, Management Information Systems or closely related field. Experience: Six (6) years experience managing in a technology environment, supervising technology personnel and performing technology programming. Experience in the public sector preferred; or any equivalent combination of education and experience. Knowledge: Principles and practices of business or public administration Considerable knowledge of PC/LAN computer operations, networks, PC based applications, GIS operations; voice/data communication systems, and other related electronic information service activities and applications. Strong understanding of relational database architecture and concepts. 3 MARANA Human Resources Department Working knowledge of LAN/WANs and network protocols (TCP/IP) desired Considerable knowledge of information technology trends and new applications Ability to: Communicate effectively, verbally and in writing. Develop long and short range plans. Manage, administer and coordinate the activities and functions of the unit. Plan for and implement organizational and procedural improvements within a complex system of multiple functions. Resolve operational and procedural problems. Maintain a professional demeanor during stressful situations. Establish and maintain effective working relationships with the public, town personnel, and interested and affected parties. Respond to citizen requests in a courteous and effective manner. Make sound and reasonable decisions in accordance with laws, ordinances, regulations and established procedures. Perform a wide variety of duties and responsibilities with accuracy and speed under the pressure of time-sensitive deadlines. Demonstrate integrity, ingenuity and inventiveness in the performance of assigned tasks. Required Skills: Ability to exercise strong judgment in analyzing, appraising, evaluating, and solving complex problems. Strong interpersonal and leadership skills. Ability to motivate and provide leadership to IS and GIS staff. Ability to plan, organize, and prioritize work assignments. Ability to manage multiple projects/assignments and meet deadlines. Ability to establish and maintain effective working relationships with coworkers, customers, and others. Preferred skills: 4 MARANA Human Resources Department Special Job Requirements: Working Conditions: Work is performed in normal office setting. Noise level is moderate, primarily from office machines. The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is frequently required to sit and turn, and talk or hear, use hands to finger, handle, feel or operate objects, tools, or controls; and reach with hands and arms. Hazards: No perceptible hazards. Selection Guidelines: Formal application; rating of education and experience; oral interview and reference check; job-related tests may be required. EXPECTED BEH"IOR: Staff - Expected Behavior The incumbent is expected to embrace, support, and promote the Town's values, beliefs, and culture, which include but are not limited to the following: High ethical standards Active participation in teamwork Strong safety principles and safety awareness Active participation in town-wide activities These traits are not basic job requirements but are expected behavior. Other duties and responsibilities will be performed as assigned. * * + + 5 MARANA LIMITATIONS AND DISCLAIMER Human Resources Department The above job description is meant to describe the general nature and level of work being performed; it is not intended to be construed as an exhaustive list of all responsibilities, duties and skills required for the position. All job requirements are subject to possible modification to reasonably accommodate individuals with disabilities. Some requirements may exclude individuals who pose a direct threat or significant risk to the health and safety of themselves or other employees. This job description in no way states or implies that these are the only duties to be performed by the employee occupying this position. Employees will be required to follow any other job-related instructions and to perform other job-related duties requested by their supervisor in compliance with Federal and State Laws. Requirements are representative of minimum levels of knowledge, skills and/or abilities. To perform this job successfully, the employee must possess the abilities or aptitudes to perform each duty proficiently. Department Head Name/Signature Date Human Resources Approval/Comments: Authorized Human Resources Signature Date 6 ,NOW N 0' TOWN COUNCIL MEETING TOWN OF MARANA ??_ARA N§ INFORMATION MEETING DATE: February 19, 2008 AGENDAITEM: J. 4 TO: MAYOR AND COUNCIL FROM: Deb Thalasitis, Assistant Town Manager SUBJECT: Resolution No. 2008-31: Relating to Personnel; requesting ap- proval of a recommended labor market of comparable organiza- tions for purposes of a salary and benefits survey. DISCUSSION The Town of Marana has contracted with the actuarial and consulting firm, Milliman to conduct a pay and classification study. This type of study is conducted periodically to ensure that the Town's salaries and benefits are aligned with comparable organizations. In addition, the study will ensure that the Town's job descriptions accurately reflect current job duties and require- ments, and that job classifications are placed into appropriate salary ranges. Tonight, Milliman will be presenting an overview of the project and their recommendations for the group of organi- zations that make up a comparable labor market to be used in a survey of salary and benefits. In its most simple form, the labor market for a particular job includes those organizations from which labor talent might be recruited as well as those organizations that might hire away labor talent. The relevant labor market for most jobs can be defined by geography, industry, functional area and organizational size. In addition to these factors, Town employees have been asked to identify the factors that influence their decision about where to work such as length of commute and the size of an organization. Based on all of this information, Milliman is recommending that the labor market for non-management positions be driven primarily by geography, while man- agement positions should be compared with organizations of similar complexity, driven largely by size. The presentation this evening will focus on the consultant's analysis of these factors for the Town of Marana, how the market is adjusted for the cost of labor (i.e. buying power/cost of living differences) and the resulting recommendation of comparable organizations to be included in the Town of Marana's labor market for this pay and benefits survey. tOO004354.DOCI) CIH3123107 RECOMMENDATION Staff recommends authorizing Milliman to proceed with a pay and benefits survey of the compa- rable organizations recommended by Milliman to be considered the Town of Marana's labor market for the purposes of such a survey. ATTACHMENTS A summary of the recommendation from the Town's consulting firm, Milliman. SUGGESTED MOTION I move to approved Resolution No. 2008-3 1. (00001219.DOCI) -2- MARANA RESOLUTION NO. 2008-31 RELATING TO PERSONNEL; REQUESTING APPROVAL OF A RECOMMENDED LABOR MARKET OF COMPARABLE ORGANIZATIONS FOR PURPOSES OF A SALARY AND BENEFITS SURVEY. WHEREAS, the Town of Marana periodically conducts a study of salaries and benefits to ensure alignment with comparable organizations; and WHEREAS, the Town desires to identify the criteria used to define a comparable organization; and WHEREAS, that criteria includes comparing the Town of Marana to organizations that are located in a similar geographic area for non-management positions and are of a similar size for management positions; and WHEREAS, the Town's compensation and benefits consulting firm, Milliman has reviewed organizations meeting this criteria and has made recommendations to the Town; and WHEREAS, the Town Council finds that the use of the same defined labor market from year to year during periodic classification and compensation comparisons increases consistency in establishing salary policy and promotes reliability of data. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the labor market for classification and compensation comparisons shall include the following organizations for comparison all Town positions: Apache Junction, Buckeye, Bullhead City, Casa Grande, El Mirage, Fountain Hills, Goodyear, Maricopa, Oro Valley, Prescott, Queen Creek and Sierra Vista. BE IT FURTHER RESOLVED that the labor market for comparison of the Town's management positions shall also include Kingman, Nogales, Prescott Valley and San Luis; and the labor market for the Town's non-management positions shall also include Avondale, Eloy, Sahuarita, Tucson, Vail, Pima County, Pinal County, Cochise County and the State of Arizona (including the Department of Public Safety); and the labor market for specialized positions may also include the Central Arizona Project, Marana Unified Scholl District, the Regional Transportation Authority, the Salt River Project, Tucson Electric Power, Tucson Unified School District and Tucson Water via the City of Tucson. f 00007942. DOC /) 2/7/2008 4:15 PM FJC PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this I 91h day of February, 2008. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney (00000034.DOC -2- Market Definition The market for Town of NUrana jobs is a irnix of public and private sectors that reflect where labor talent is found, recruited from and/or lost to (e.g. general industry, government, engineering firms, etc) Certain positions are recruited only from the local area (public sector, private sector or both) so data from organizations within our geography are most relevant. Other positions could be recruited from a regional or even national geography. Certain Town positions are only found *in the public sector, others exist 'in both the public and private sectors which will be their markets. At certain job levels, the complexity created by organizational size is directly related to the scope of responsibility of the position and consequently, its pay. For that reason, data from other cities similar to Nbrana are the market. Comparable Cities All Private Regional/National All Regional Utilities -20,000 - 45,000 population -Adjusted for cost Utilities -$200 - $300 million op. of labor National Utility Data budget -Similar size -Adjusted for cost of -Similar complexity All Regional Public -Similar complexity labor -Adjusted for cost of labor (national) Private Sector National Utility Data -All $200 - $300 mil-lion -Si il iz revenues m ar s e -Adjusted for cost of labor Proposed Peer Group All Positions Apache Junction Buckeye Bullhead City Casa Grande El Mimge Fountain Hills Goodyear Maricopa Nogales Oro Valley Prescott Queen Creek Sierra Vista Non-Management Positions Avondale Chandler Eloy Glendale Mesa Sahuatita Surprise Tucson Vail Pima County Pinal County Maricopa County CDchise County Santa Cruz County State of Arizona (MiCI. DPS) Management Positions Kmignian Prescott Valley San Luis Central Arizona Project Marana, Unified School District Regional Transportation Authority Salt River Project Tucson Electn*c Power Tucson Unified School District Tucson Water (via City of Tucson) TOWN COUNCIL MEETING TOWN OF MARANA 11 WAR 7 INFORMATION 4RIZ01 MEETING DATE: February 19, 2008 AGENDAITEM: J. 5 TO: MAYOR AND COUNCIL FROM: Cedric Hay, Senior Assistant Town Attorney SUBJECT: Ordinance No. 2008.07; Relating to Development; amending certain portions of Title 6 of the Marana Land Development Code and clarifying the town's policy regarding the requirement to place electrical utilities underground. DISCUSSION Land Development Code Sections 06.02.02(B)(6)(b), 06.02.03(B)(9)0) and 06.03.02(L) currently require electrical transmission lines carrying less than 69 kV to be located underground in connection with the subdivision development process. This requirement was originally intended to ensure that electric power distribution lines which deliver power directly to end- users, as opposed to transmission lines which deliver power to a distribution network, are placed underground by developers during the subdivision process. Unfortunately, this intent is not fully realized by the present wording. The proposed Ordinance is an attempt to more effectively express the Town's intent through the Code provisions and thus better enable staff at the Town to enforce these provisions. Discussions with representatives from TEP and TRICO Electric have provided town staff with information which has been incorporated into the suggested changes. Once the Land Development Code has been updated town staff will continue its research and dialogue with property owners and developers to ensure that their properties are in compliance with the Town's requirements. RECOMMENDATION Staff recommends that Mayor and Council approve this Ordinance amending the Town Land Development Code regarding the requirement to place certain electrical facilities underground. SUGGESTED MOTION I move to adopt Ordinance 2008.07. 100007923.DOCIJ CIH 0210 7108 MARANA ORDINANCE NO. 2008.07 RELATING TO DEVELOPMENT; AMENDING CERTAIN PORTIONS OF TITLE 6 OF THE MARANA LAND DEVELOPMENT CODE AND CLARIFYING THE TOWN'S POLICY REGARDING THE REQUIREMENT TO PLACE ELECTRICAL UTILITIES UNDERGROUND. WHEREAS the Town of Marana Land Development Code was established by Ordinance 2002.20; and WHEREAS Title 6 of the Land Development Code contains certain provisions which require that electrical utilities be placed underground; and WHEREAS the Town Council desires to clarify the requirements of these provisions. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that Title 6 of the Town of Marana Land Development Code, Sections 06.02.02(B)(6), 06.02.03(B)(9) and 06.03.02(L) are hereby revised by inserting the phrase "and those lines which can be shown to exist in current or future electrical transmission corridors" after the phrase "except electrical transmission lines carrying 69Kv or more." IT IS FURTHER ORDAINED that all references to "69Kv" in the aforementioned sections are replaced with "46kV." PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this I 9th day of February, 2008. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney - I - CIH 02106108 OWN o TOWN COUNCIL TOWN OF MARANA I M QX!M?Nn 6AO MEETING 7 INFORMATION N708- MEETING DATE: February 19, 2008 AGENDAITEM: J. 6 TO: MAYOR AND COUNCIL FROM: Kevin Kish, AICP, Planning Director SUBJECT: Resolution No. 2008-32: Relating to Development; approving and authorizing a development plan for Ruby Tuesday. DISCUSSION Reaues The applicant, BRR Architecture, on behalf of Ruby Tuesday Inc. requests approval of a development plan for a Ruby Tuesday restaurant. Location The proposed project is located at the southeast comer of Arizona Pavilions Drive and the 1-10 Frontage Road (adjacent to Texas Road House Restaurant). Project Description The site has a gross area of 1.38 acres (60,028 square feet); the proposed building floor area is 4,770 square feet with an additional 273 square feet of outdoor patio. The proposed height is 25 feet (maximum height allowed is 39 feet). The building elevations incorporate a variety of color and texture. The varied heights in the roof line, central prominent entrance and outdoor patio help to break up the overall building massing. This project was reviewed under the new commercial design standards and the proposed building meets those standards. Zonin2 and Land Use Desienation The zoning for the site is F (Specific Plan - Continental Ranch). The land use designation is *C (Freeway Commercial). The Freeway Commercial designation allows for a restaurant as a permitted use. Transportation This project will have one access point from Arizona Pavilions Drive. The site will have 84 parking spaces exceeding the required 25 spaces per the Continental Ranch Specific Plan. ATTACHMENTS Application, location map, development plan reduction, landscape plan and color elevations. 021908 Ruby Tuesday DPR-07013 RECOMMENDATION Staff has reviewed the application for compliance with the Continental Ranch Specific Plan and the Land Development Code. This development plan?- is in conformance with all required development regulations and conditions of zoning. Staff recommends approval of a development plan for Ruby Tuesday. SUGGESTED MOTION I move to approve Resolution No. 2008-32. 021908 Ruby Tuesday DPR-07013 MARANA RESOLUTION NO. 2008-32 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A DEVELOPMENT PLAN FOR RUBY TUESDAY. WHERAS, on August 7, 2007, the Town of Marana adopted Resolution No. 2007-134, approving the final plat for Ruby Tuesday, Book 62 Page 96; and WHEREAS, Ruby Tuesday Inc., the owner of Lot I of the Ruby Tuesday plat, has applied for approval of a development plan for a restaurant on a 1.38 acre site, generally located at the southeast comer of Arizona Pavilions Drive and the I- 10 Frontage Road within a portion of Section 26, Township 12 South, Range 12 East; and WHEREAS, the Town Council, at their regular meeting on February 19, 2008, has determined that the development plan for Ruby Tuesday should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the development plan for Ruby Tuesday is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 19th day of February, 2008. ATTEST: Ed Honea, Mayor Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney RECOMMENDATION Staff has reviewed the application for compliance with the Continental Ranch Specific Plan and the Land Development Code. This development plan is in conformance with all required development regulations and conditions of zoning. Staff recommends approval of a development plan for Ruby Tuesday. SUGGESTED MOTION I move to approve Resolution No. 2008-32. 021908 Ruby Tuesday DPR-07013 THE RUBY TUESDAY DEVELOPMENT PLAN MATERIALS ARE NOT INCLUDED WITH THIS PACKET BUT ARE AVAILABLE FOR VIEWING IN THE TOWN CLERK'S OFFICE. ,OWN 0" TOWN COUNCIL MEETING INFORMA- TOWN OF MARANA 11 VALM16?XA 7 TION (40 -IRIZOsN MEETING DATE: February 19, 2008 AGENDAITEM: J. 7 TO: MAYOR AND COUNCIL FROM: Barbara Johnson, Director, Public Works SUBJECT: Resolution No. 2008-33: Relating to Public Works; authorizing and approving a construction contract with Fisher Sand & Gravel Co. d/b/a Southwest Asphalt Paving, the contractor currently con- structing 1-10 improvements for the Arizona Department of Transportation, as a sole-source, emergency procurement to ex- tend a six-barrel culvert under mainline 1-10 by 59 linear feet; and reprogramming $976,862.48 from the Public Works CIP Project funding of other projects to the Barnett Linear Park Project (2003-016) line item for this construction; and declaring an emer- gency. DISCUSSION The Town of Marana's Barnett Linear Channel, located along the Barnett Road alignment be- tween the Union Pacific Railroad and the Santa Cruz River, is currently under design as part of the Capital Improvement Program. Southwest Asphalt Paving (SAP) is currently constructing 1-10 mainline improvements under a contract with the Arizona Department of Transportation (ADOT). As part of that construction, ADOT is contributing approximately $2 million for the construction of 108 linear feet of a six barrel 8'x 12' culvert under mainline I- 10 for the Barnett Linear Channel project. To complete the Barnett Linear Channel project, the Town will need to extend these six culverts by 59 linear feet, so that the culverts extend the entire 167' width of the 1-10 mainline. ADOT has suggested that the Town complete this culvert construction now using a separate contract with SAP, so that disruption of the traveling public on the I- 10 mainline can be minimized. Town staff has determined that entering into a contract with SAP as part of a sole-source emergency procurement will be the most economical way to complete this work, will minimize 1-10 mainline disruption, and will eliminate the need for the Town to expend additional costs associ- ated with this I- 10 mainline culvert in the future. A.R.S. § 34-604 authorizes emergency procurements "if a threat to the public health, welfare or safety exists or if a situation exists that makes compliance with [A.R.S. Title 34 - the state bid- ding statutes] impracticable, unnecessary or contrary to the public interest...." Similar authority is found in Section 3-4-4 of the Town Code. Town staff believes that all of the justifications for emergency procurement under the statute exist here. SAP is doing the ADOT work as the result of a competitive bidding process. The additional work SAP will be doing for the Town could BLU Barnett Channel 1-10 Culvert - I - 2/12/2008 11:18 AM BJ/FJC easily be done by an ADOT change order to its existing contract, if ADOT were willing to un- dertake the work as part of its contract. This procurement will avoid the costs and hazards asso- ciated with re-routing 1-10 mainline traffic as part of a separate Barnett Linear Channel project construction process. Town staff has found that the cost of this procurement is competitive, based on analysis and comparison with other recent publicly-bid projects. During the 2007-2008 budget process money was programmed to three projects that is not ex- peeted to expend the entire budget. These projects include the Moore Road Project (2005-56), the PGA Tour-Aeeenture Golf Tournament (2008-153-007) and the Lon Adams Drainage (2008- 153-001) Project. The total savings can be utilized at the 1-10 culvert for the Barnett Linear Park. If this emergency procurement is approved, the total cost of the Town's portion of the 1-10 cul- vert under the mainline 1-10 (not including the frontage roads, which will be constructed at a later date) will be $976,862.48. ATTACHMENTS February 8, 2008 memorandum from Barbara Johnson to Erik Montague regarding "Barnett Channel (Project Number 2003-016) Culvert Sole Source Justification Reasonableness of Cost Analysis" with the cost breakdown attached February 5, 2008 "Sole Source Fact Sheet and Checklist for Construction" RECOMMENDATION The Public Works Department recommends the adoption of Resolution No. 2008-33, approving the sole-source emergency procurement and reallocating a portion of the CIP Project Budget funding, of which the Moore Road Project (2005-56) will be reduced by $600,000, the PGA Tour-Accenture Golf Tournament (2008-153-007) will be reduced by $300,000 and the Lon Ad- ams Drainage Project (2008-153-001) will be reduced by 76,862.48. The total of which will be programmed to the Barnett Linear Park (2003-016) as a one-time transfer of $976,862.48, during FY 2007-2008. SUGGESTED MOTION I move to adopt Resolution No. 2008-33. BLU Barnett Channel I-10 Culvert -2- 2/12/2008 11:18 AM BJ/FJC MARANA RESOLUTION NO. 2008-33 RELATING TO PUBLIC WORKS; AUTHORIZING AND APPROVING A CONSTRUCTION CONTRACT WITH FISHER SAND & GRAVEL CO. D/B/A SOUTHWEST ASPHALT PAVING, THE CONTRACTOR CURRENTLY CONSTRUCTING 1-10 IMPROVEMENTS FOR THE ARIZONA DEPARTMENT OF TRANSPORTATION, AS A SOLE-SOURCE, EMERGENCY PROCUREMENT TO EXTEND A SIX-BARREL CULVERT UNDER MAINLINE 1-10 BY 59 LINEAR FEET; AND REPROGRAMMING $976,862.48 FROM THE PUBLIC WORKS CIP PROJECT FUNDING OF OTHER PROJECTS TO THE BARNETT LINEAR PARK PROJECT (2003-016) LINE ITEM FOR THIS CONSTRUCTION; AND DECLARING AN EMERGENCY. WHEREAS the Town of Marana recognizes the need for the Barnett Linear Channel project, to provide future drainage mitigation for the properties adjacent to Barnett Road; and WHEREAS Fisher Sand and Gravel Co. doing business as Southwest Asphalt Paving (SAP) is currently constructing 1-10 mainline improvements under a contract with the Arizona Department of Transportation (ADOT); and WHEREAS, as part of that construction, ADOT is contributing approximately $2 million for the construction of 108 linear feet of a six barrel 8'xl2' culvert under mainline 1-10 for the Barnett Linear Channel project; and WHEREAS, to complete the Barnett Linear Channel project, the Town will need to extend these six culverts by 59 linear feet, so that the culverts extend the entire 167' width of the I- 10 mainline; and WHEREAS ADOT has suggested that the Town complete this culvert construction now using a separate contract with SAP, so that disruption of the traveling public on the I- 10 mainline can be minimized; and WHEREAS the Town Council agrees with Town staff s determination that entering into a contract with SAP as part of a sole-source emergency procurement will be the most economical way to complete this work, will minimize 1-10 mainline disruption, and will eliminate the need for the Town to expend additional costs associated with this 1-10 mainline culvert in the future; and WHEREAS the Town Council finds that this sole-source emergency procurement is consistent with and authorized by A.R.S. § 34-604 and Town Code Section 3-4-4; and Council Action Barnett Resolution-02082008 - I - 2/12/2008 12:23 PM BJ/FJC WHEREAS the Moore Road - 1-10 to Sanders Road Project (2005-056) will not expend the entire budget programmed leaving approximately $600,000 left in the project budget; and WHEREAS the Lon Adams Drainage project (2008-153-001) was constructed by Operations and Maintenance Department utilizing a savings in construction expenditures; thus, not expending the entire budget programmed, thereby leaving approximately $76,862.48 in the project budget; and WHEREAS the PGA Tour - Accenture Golf Tournament project (2008-153-007) budget allocation will not expend the entire budget due to design/construction changes for the general parking lot, thereby utilizing approximately $300,000 savings. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: Section 1. Town staff is hereby authorized to enter into a construction contract with Fisher Sand & Gravel Co. doing business as Southwest Asphalt Paving in the amount of $976,862.48 as a sole-source emergency procurement for the extension of a 59 linear foot six- barrel culvert under mainline I- 10. Section 2. The Town Council hereby approves and reprograms $976,862.48 from the Public Works CIP Project funding of the Moore Road Project (2005-56), the PGA Tour- Accenture Golf Tournament (2008-153-007) and the Lon Adams Drainage (2008-153-001) Projects to the Barnett Linear Park (2003-016) project for this construction. Section 3. The various Town officers and employees are hereby authorized to perform all acts necessary or desirable to give effect to this resolution. Section 4. It is necessary for the preservation of the peace, health, and safety of the Town of Marana that this resolution become immediately effective; therefore, an emergency is hereby declared to exist and this resolution shall be effective immediately upon its passage and adoption PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this I 9th day of February, 2008. ATTEST: Jocelyn C. Bronson, Town Clerk Mayor Ed Honea APPROVED AS TO FORM: Frank Cassidy, Town Attorney Council Action Barnett Resolution-02082008 -2- 2/12/2008 12:23 PM BJ/FJC MARANA PUBLIC WORKS INTEROFFICE MEMORANDUM TO: ERIK MONTAGUE FROM: BARBARA F. JOHNSON SUBJECT: BARNETT CHANNEL (PROJECT NUMBER 2003-016) CULVERT SOLE SOURCE JUSTIFICATION REASONABLENESS OF COST ANALYSIS DATE: FEBRUARY 8,2008 CC: GILBERT DAVIDSON, RYAN BENAVIDES, SCOTT LESKA, JAMES PREGLER In order to determine the reasonable of cost for the sole source justification for construction of the Barnett Channel Culvert, a comparative analysis was completed using the current culvert installation item on the Thornydale Project (2002-058). The Construction Manager at Risk contract for the Thomydale project was competitively awarded during this fiscal year and is, therefore, current. The full analysis is attached for your review and reflects an overall cost savings of about $3,000 per linear foot. A few of the significant site specific differences between the B arnett job and the Thornydale job are: 1. The Barnett sole source contract does not include a contractors office or full mobilization costs (those costs were already provided by ADOT's Contract). 2. The Barnett sole source contract proposal includes a number of items that normally would increase the project costs because they were paid for under the ADOT. These include: a. Capping an unknown 2 1 " well site that was abandoned in the late 1950's. This well site was not capped properly to today's environmental standards. b. Over excavation of the culvert was required due to the poor soils conditions and the requirement of a concrete slurry mix under the culvert. c. Due to the poor soils conditions, extra shoring or excavation protection is required due to the depth and size of the trench required for the culvert's construction. 3. The Barnett sole source contract cost per cubic yard of concrete includes the ADOT mix design and the cost to pump it into the placement because of its location on Interstate- 10. After a full cost analysis I attest that the Town of Marana is saving direct project dollars while receiving a compatible product consistent with existing construction. Barnett Channel Culvert under 1-10 - Southwest Asphalt Paving 6 Barrel 8'x12' Cost Breakdown for 58 LF Item Unit Quantity Unit Co t Total Cost Box Excavation CY 2407 $92.50 $222,647.53 Haul Off of Unsuitable CY 2407 $10.00 $24,070.00 Slurry CY 139.5 $150.00 $20,925.00 Structural Backfill CY 200 $58.50 $11,700.00 Steel Rebar LB 71000 $1.00 $71,000.00 IMisc Structure Work LS 1 $27,687.00 1 $27,687.00 JConcrete CY 1 540 1 $540.00 1$291,600.00 Structure Sub-Total: $669,629.50 JCost per LF: $11,545.341 Add 1.75 LF $20,204.34 Item No. 6011701 Concrete Box Culvert (8'x4') on the Thornydale project is 1/3 the size required on the Barnett Channel. refore the following is a break-down of the costs related to the cost the Town is already paying for Single Barrel - 8'x4'reinforeed concrete culvert: Unit Cost: $806.00/linear foot multiply $806.00 by 3 to get a culvert to the size of 8'xl 2' box: $2,418.00 Multiply $2418 by 6 to provide the equivalent six barrel, 8'xl 2' culvert: $14,508.00 Total Cost per Linear Foot This analysis shows that the Town is paying less per linear foot than its current contract by almost $3000 per linear foot. In addition, Below are other points of benefit to the Town regarding the savings of providing sole sourcing this contract: This contract does not include a contractors office or full mobilization costs (those costs were already provided by ADOT's Contract) This contract proposal includes a number of items that normally would increase the project costs. These include: - Capping an unknown 21 " well site that was abandoned in the late 1950's. This well site was not capped properly to today's environmental standards - Over excavation of the culvert was required due to the poor soils conditions and the requirement of a concrete slurry mix under the culvert. - Due to the poor soils conditions, extra shoring or excavation protection is required due to the depth and size of the trench required for the culvert's construction. Cost Compairison for Asphalt Concrete Pavement Project Thorny le Rd. Tangerine Farms Barnett Channel Unit Cost Unit Cost Unit Cost Quantity per TON Quantity per TON Quantity per TON 780 $82.40 37000 $73.00 241.5 $85.00 Rev. 02-06-2008 SOLE SOURCE FACT SHEET AND CHECKLIST FOR CONSTRUCTION This form must be electronically completed, signed and submitted to the Finance Department when making sole source requests for construction. If a question is not applicable, please indicate N/A. Use layman's terms and avoid jargon and f he use of acronyms. Aipplication of the printed names of the nerson completing the form and the dei3artment head or deipu in the boxes provided on the form shall constitute the signatures of these individuals. Departments must insure that these individuals review the completed form and give their consent to a12121Y their printed name at the bottom of the form where indicated. No handwritten signature shall be required in order for the form to be considered "signed" by those individuals whose names appear in the Signature section of the form. Depart menf: Public Works Depart ment (153) Project No.: 2003-016 Estimated Total Dollar Amount of Order/Contract: $976,862.48 Contractor's Name: Southwest Asphalt Paying Contractor's Address: 1302 W. Drivers Way, Tempe, AZ 85284 Contractor's Vendor Number: Contractor's Contact Person: Tommy Fisher Contractor's Contact Telephone No.: (480) 730-1033; Mobil: (602) 549-8969 Location Where Service is to be performed: 1- 10 at Barnett Road I . Please check the reason(s) for this request: a. Only Single contractor is capable of providing the construction. F-1 Only known source - similar construction not available from another contractor. Construction must be provided by contractor to ensure compatibility. Supply must be compatible with existing equipment. EJ b. A federal or state statute or federal regulation exempts the construction from the competitive procedure. c. The contract for construction is in the best interest of the Town. Note: The checklist by itself is not sufficient justification for sole source procurement. (The agency must provide written justification that one of these conditions exists and include it in the contract file.) 2. Briefly describe the construction items you are requesting and their function. To finalize the extension of the Barnett Linear Channel culvert under I- 10 at Barnett Road. The culvert is a six barrel - 12'x 8' length. The Town of Marana's portion of this culvert is approximately 59 linear feet. ADOT has agreed to build 108 linear feet which is currently under construction. 3. Describe the unique features/compatibility of the construction items that precludes competitive procurement. This ADOT contract for the Arizona Department of Transportation (AD07) 1-10 scope, which includes a portion of the Barnett Channel culvert was competitively bid through the State of Arizona procurement process and the contractor selected based on that criteria. The Town is benefiting financially and technically from the completion of the Barnett Channel culvert construction. Financially the Town does not have to pay mobilization, additional engineering costs or change in condition costs because the scope is simply being extended in length. Technically the benerit is derived from the same contractor extending the culvert to assure project compatibility rather than later scoping another contractor and hoping that there will be technical consistency. Additionally, there are practical considerations for not delaying the construction of this section of the culvert including, but not limited to, costIfeasibility of additional access permits to work site, public safety concerns due to additional future traffic diversion, and additional mobilization costs. 4. What research has been done to verify the contractor as the only known source? ADOT offered the Town access to an existing contractor that had previously been selected through an approved procurement process. 5. Does the contractor have any distributors, dealers, resellers, etc., that can perform the construction item? F1 Yes. Please attach a list of known sources. Z No. 6. Must this construction item be compatible with present inventory/equipmenf or in compliance with the manufacturer's warranty or existing service agreement? If yes, please explain. The Additional sections of the culvert must meet the technical engineering specifications. Ultimately, ADOT will be taking over ownership of this culvert since it is within ADOT's right-of-way. In order to have this item compatible with the contractor's warranty, the same contractor who is building the current 108 feet will be responsible for the additional 59' that the Town is financially responsible for. This being said, the Contractor must meet and be accepted by ADOT. The extension of the culvert being constructed needs to have the same contractor responsible for the warranty for the entire culvert extending under the main-line (east and west bound 1- 10). If there is a failure of a portion of the culvert, there will be blame from both contractors'as to who would be responsible for the warranty. 7. What are the future consequences of the procurement? That is, once this procurement is approved and processed, what additional upgrades, additions, supplies, services, etc., are anticipafed/projected over the useful life of this item? This culvert is part of a larger project, the Barnett Linear Park. Once this culvert is in place, the Town will be responsible to build an extension of the culvert on both the east and west sides of 1-10 under the Frontage Roads and under the Railroad tracks, east of 1- 10. The Culvert will have a useful life that exceeds 50 years. 8. If this is an upgrade, addition, alteration, etc., to an existing construction item, how was the original item procured (sole source or competitive)? What additional, related, sole source procurements have occurred since the initial procurement? Please identify the previous purchase order or contract number(s). The original contract was competitively bid by ADOT 9. How has this construction been procured in the past? (Competitive sealed bidding, competitive sealed proposals, sole source, other). Please provide document numbers. The original contract was competitively bid by ADOT 10. What are the consequences of not procuring f his specific construction item? See number 3 above... If this project is delayed, ADOT will not be able to finish the culvert under 1- 10. The consequence to this is that ADOT will need to block or cap the end of the culvert under 1-10's mainline. Thiswill require that when the Town is ready to construct this, the Town will need to redirect l- 10 traffic with a paved cross- over and major traffic control detours as well as pay mobilization costs and excavation fees that will exceed more than twice what the estimate is now. 11. If timing is a factor, who established the time frame and why? Contractor is already mobilized and performing the construction work per the original ADOT contract. Timing is a factor. ADOT has a current contract with Southwest Asphalt Paving to add additional lanes from Tangerine Road to the Pinal County line. The Town's portion of the culvert project needs to finalized and a PO in place in order to keep the ADOT contract on schedule. 12. What are the consequences of not procuring this specific construction item within the established time frame? At a minimum, there are public safety and future cost considerations that would be considered in a delay. In addition, The Town will not be able to take advantage of the reduced costs of mobilization and traffic control savings if this contract is delayed. 13. How long has the agency known that the construction was needed and why wasn't the contract process started earlier? This is a unique opportunity to construct a section of the culvert. The original contract was publicly bid by ADOT. There are logistical and cost considerations that make this process to be beneficial to the Town. To reap the benefits of this cost savings, the Town has known approximately since the summer of 2007. On that note, ADOT has provided the Town with over $2 million in funding to move this project forward (the 108 linear feet already being built) with the anticipation the Town was going to contribute the remainder to complete the culvert under the existing mainline 1- 10. 14. List any other information relevant to the acquisition of this construction item (attach additional 8-1/2" x 11 sheets, if necessary). Please see attached Memorandum dated February 8, 2008 to Erik Montague from Barbara F. Johnson attesting to reasonableness of cost and providing backup analysis including an itemized breakdown of the cost from Southwest Asphalt Pavement. Signature of person completing form: Scoff Leska Title: Manager Engineering CIP (Print Name of person completina form) Date: February 5, 2008 Signature of Approving Authority: Barbara F. Johnson, Director of Public Works Date: Februa[y 8, 2008 (Print Name of Agency Head or Deputy who has reviewed and ayiprove? this reguest) ,,C-,WN 0 TOWN COUNCIL MEETING TOWN OF MARANA 11 MARANA 7 INFORMATION MEETING DATE: February 19, 2008 AGENDAITEM: J. 8 TO: MAYOR AND COUNCIL FROM: Frank Cassidy, Town Attorney SUBJECT: Resolution No. 2008-34: Relating to Professional Services; ap- proving and authorizing the Mayor to execute a Lobbying Services Agreement with Stuart Goodman and his firm, Goodman Schwartz, L.L.C. DISCUSSION This item authorizes a new lobbying services agreement with Stuart Goodman and his firm Goodman Schwartz, L.L.C. Mr. Goodman is anticipated to work in coordination with Michael Racy to provide lobbying services before state legislative and executive branch bodies as di- rected by the Manager. The lobbying services agreement proposed to be approved by this item would set Mr. Goodman's compensation at $3,000 per month. RECOMMENDATION Staff recommends adoption of Resolution No. 2008-34, approving and authorizing the Mayor to execute the lobbying services agreement with Stuart Goodman. ATTACHMENT(S) Lobbying Services Agreement SUGGESTED MOTION I move to adopt Resolution No. 2008-34. {00008002.DOC /) 2/12/2008 9:43 AM FJC MARANA RESOLUTION NO. 2008-34 RELATING TO PROFESSIONAL SERVICES; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A LOBBYING SERVICES AGREEMENT WITH STUART GOODMAN AND HIS FIRM, GOODMAN SCHWARTZ, L.L.C. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Mayor is hereby authorized to execute, and the Town's staff is hereby directed and authorized to undertake all other and further tasks required to carry out the terms and obligations of a lobbying services agreement between the Town of Marana and Stuart Goodman and his firm, Goodman Schwartz, L.L.C., attached to and incorporated by this reference to this resolution as Exhibit A. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this I 91h day of February, 2008. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00008003.DOC /) 2/12/2008 9:48 AM FJC LOBBYING SERVICES AGREEMENT This Agreement for lobbying services (this "Agreement") is made and entered into by and between the TOWN OF MARANA, an Arizona municipal corporation (the "Town") and STUART GOODMAN and his firm GOODMAN SCHWARTZ, L.L.C., an Arizona limited liability company, doing business under the trade name GOODMAN SCHWARTZ PUBLIC AFFAIRS (collectively "Goodman"). IN CONSIDERATION of the mutual covenants and restrictions contained in this Agreement, it is mutually agreed as follows: ARTICLE 1. SCOPE OF WORK/COMPENSATION A. ENGAGEMENT AND SCOPE OF SERVICES: The Town shall retain Good- man in the capacity of lobbyist. Goodman shall provide lobbying services at the direction of the Town Manager as approved and directed by the Mayor and Coun- cil. His duties shall include providing lobbying services for the Town before fed- eral, state and local legislative and executive branch bodies. B. REPRESENTATION OF OTHER CLIENTS: Nothing in this Agreement shall be interpreted to prohibit Goodman from representing other clients so long as that representation does not constitute a legal conflict of interest. The Town may waive conflicts to the extent permitted by law. C. COMPENSATION: For the services contemplated in this Agreement, the Town shall pay Goodman a fee of $3,000 per month. For the period February 20 to 29, 2008, the Town shall pay Goodman a fee of $ 1,000. D. CHARGES FOR COSTS AND EXPENSES: With the Town Manager's prior written approval, the Town shall reimburse Goodman for any reasonable out-of- pocket costs which he may incur as a direct result of his lobbying efforts on the part of the Town. E. TRAVEL, TIME AND MILEAGE: Goodman shall not charge travel time or mileage costs for any services provided under this Agreement. F. BILLING: Goodman shall bill the Town for his services on or about the first day of each month. The Town shall pay invoices within 30 days of receipt. {FC0344. DOC /) - I - 2/11/2008 8:48 PM ARTICLE 11. TERM This Agreement shall begin on February 20, 2008, and shall continue in full force and effect until it is terminated pursuant to Article 111. ARTICLE 111. TERMINATION/MODIFICATIONS A. TERMINATION: This Agreement may be terminated by either the Town or Goodman at any time, subject to payment of all fees and costs incurred through the date of tennination, by giving written notice to the other party. The written notice shall be delivered personally or by certified mail, and termination shall take effect 60 days after receipt of the written notice by the receiving party. B. MODIFICATION: This Agreement may not be modified except by an instru- ment in writing duly executed by all parties. ARTICLE IV. MISCELLANEOUS A. ENTIRE AGREEMENT: This Agreement supersedes any and all agreements previously made between the parties relating to the subject matter of this Agree- ment, and there are no understandings or agreements other than those incorpo- rated in this Agreement. B. NO ASSIGNMENT: Goodman may not assign any rights or obligations under this Agreement without the Town's prior written consent. C. INDEPENDENT CONTRACTOR STATUS: The parties understand and agree Goodman is an independent contractor and nothing in this Agreement shall make Goodman an employee of the Town. It is expressly understood and agreed by the parties that Goodman is solely responsible for all federal, state and local taxes, in- cluding but not limited to FICA, unemployment compensation and workers' com- pensation, and will not be subject to the personnel policies or entitled to any bene- fits of the Town. D. GOVERNING LAW: This Agreement shall be governed, construed, and inter- preted in accordance with the laws of the State of Arizona. E. ATTORNEY'S FEES: If there is a breach of this Agreement that results in liti- gation, the prevailing party shall be awarded its attorneys' fees and court costs in- curred in the litigation. F. SEVERABILITY: If any provision of this Agreement shall under any circum- stances be deemed invalid or inoperative, this Agreement shall be construed with {FC0344.DOC /1 -2- 2/11/2008 8:48 PM the invalid or inoperative provision deleted and the rights and obligations con- strued and enforced accordingly. IN WITNESS WHEREOF, the parties have executed this Agreement on the last signature date below. TOWN OF MARANA: By: Mayor Ed Honea Dated: ATTEST: Jocelyn Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy GOODMAN SCHWARTZ, L.L.C. Stuart Goodman, Member Dated: f FC0344.DOC /) -3- 2/11/2008 8:48 PM ,OWN TOWN COUNCIL MEETING TOWN OF MARANA "I Q?4A-RANA 7 w' ? INFORMATION ARIZOT40. MEETING DATE: February 19, 2008 AGENDA ITEM: L.1 TO: MAYOR AND COUNCIL FROM: Michael A. Reuwsaat/Steve Romero SUBJECT: State Legislative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature DISCUSSION This item is scheduled for each regular council Meeting in order to provide an opportunity to discuss any legislative item that might arise during the current session of the State Legislature. Periodically, an oral report may be given to supplement the Legislative Bulletins. ATTACHMENTS Legislative Bulletin, Issues 4 and 5. RECOMMENDATION Upon the request of Council, staff will be pleased to provide recommendations on specific legislative issues. SUGGESTED MOTION Mayor and Council's pleasure. JCB/02/13/2008/6:45 AM IN THIS ISSUE Department of Liquor Licenses and Control .............. I Guns In Restaurants ................ I Civil Air Patrol ....................... 2 Government Swap Agreements ............................. 2 "Occupational Diseases" List May Grow ........................ 2 Public Lobbying Ban Returns .................................... 2 Photo Enforcement Bill Held ......................................... 2 Impact Fee Discussions Begin ....................................... 3 The Treasurer's Office ............ 3 2008 Budget Revisions Coming Soon .......................... 3 The Weekly Spotlight ............. 4 Legislative Bulletin is published by the League of Arizona Cities and Towns. Forward your comments or suggestions to: League of Arizona Cities & Towns 1 820 West Washington Street Phoenix, Arizona 85007 Phone: 602-258-5786 Fax: 602-253-3874 Email: league(a)azleague.org Intemet: www.azleague.org Bulletin - Issue 4 - February 1, 2008 DEPARTMENT OF LIQUOR LICENSES AND CONTROL Title IV Forum This week the League successfully co-hosted a forum with the Department of Liquor License and Control (DLLQ and the State Liquor Board on laws and administrative rules concerning Arizona liquor establishments. Attendees included city representatives, council members, attorneys, police staff, and directors from the DLLC and State Liquor Board. This forum was an opportunity for cities and concerned citizens to make their voices heard on current issues regarding liquor laws. Issues Discussed Lack of control for local governments to decide which applicants obtain liquor licenses; apparent arbitrary nature of Board and Department to grant licenses Definition of "licensed premises;" looking to expand definition to include adjacent parking lots; place more responsibility on businesses Revoking and suspending licenses; suspension as a better option to prevent businesses from reapplying immediately following revocation Application process; applicants' responsibility to complete form with adequate information Special event permits, extension of sunset date for "grill license", availability and visibility of signs alerting citizens of prospective license holders, saturation of licenses, resulting noise control After the cities' concerns were voiced, the DLLC and State Liquor Board discussed the rulemaking process and explained the course of action to follow. They said issues raised at the forums will be addressed and incorporated in the new proposed laws and drafts, which are to be posted promptly. The DLLC and State Liquor Board closed the forum by offering to attend meetings in smaller communities across the state so that all individuals wishing to participate in these discussions are able to do so. GUNS IN RESTAURANTS Senate Bill 1132, firearms; restaurants; posting, is Senator Jack Harper's (R- Surprise) bill that would enable restaurants that serve liquor to post a sign saying they allow firearms on the premises. This bill only applies to restaurants with a Class 12 liquor license which requires food to make up at least 40% of their gross sales. The Senate Commerce and Economic Development Committee heard this bill this week, with extensive discussion about the safety of such an idea, as well as why the bill is so narrowly drafted. Chairwoman Barbara Leff (R-Paradise Valley) held the bill, saying she wanted stakeholders to work on amendments and she would hear it again next week and put it to a vote. January 18, 2008 CIVIL AIR PATROL As mentioned last week, House Bills 2258 and 2259 both deal with the Civil Air Patrol (CAP). Sponsored by Representative Warde Nichols (R-Chandler), these bills would mandate local government airports to provide space to CAP and would give State Aviation Fund preference to those airports that provide CAP with space. Both bills passed their first committee, even though there was a significant amount of concern over them. This last week the League participated in a stakeholders meeting to work on these bills. The group agreed H.B. 2258 is now defunct, as it was unworkable and onerous. The second bill was the main focus of the meeting, and an initial attempt was put forward to make CAP eligible for the State Aviation Fund. However, federal criteria for airports may preclude them from giving CAP space, and there is concern that allowing CAP access to the Fund could open the door to other agencies. There will be another meeting to further explore possible solutions. GOVERNMENT SWAP AGREEMENTS Under current law cities and towns with populations above 300,000 may enter into swap agreements which are contracts between a governmental entity and a financial institution to manage interest rate risks by exchanging interest payments. These agreements allow cities to lower their borrowing costs and increase their financing flexibility. House Bill 2479, sponsored by Representative Kirk Adams (R-Mesa), eliminates the population threshold requirement and allows ALL cities and towns to enter into swap agreements, provided that guidelines and disclosure policies are met. The League supports this bill and applauds Rep. Adams' efforts to help cities and towns have greater financial flexibility. The bill passed out of the House Government Committee 7-0. "OCCUPATIONAL DISEASES" LIST MAY GROW Senate Bill 1173 adds to the list of diseases that are presumed to come from working in the line of duty for peace officers and firefighters. The new additions proposed are testicular cancer and prostate cancer. The bill is sponsored by Senator Barbara Leff (R- Paradise Valley). The League has not taken a position on this bill and is reviewing some information we recently received on this topic from the National League of Cities. Opponents of this bill cite the significant improvements in protective equipment over the last 20 years for our public safety officers, which mitigate many of the risks from exposure to on-the-job hazards. PUBLIC LOBBYING BAN RETURNS In next Monday's Senate Government Committee, members will consider a measure sponsored by Senator Linda Gray (R-Phoenix) to put a measure on the ballot to ban the use of ANY public funds to "lobby" at the Capitol. The result would seriously restrict the ability of cities and towns to even bring issues to the attention of the legislature. Among other provision the bill says: Elected officials, from the Governor to the Mayors, would have to personally testify on all bills; they could not send staff or any representatives to do it for them. Those same elected officials could not use public funds to make the trip or testify in their official capacity. Representatives from agencies, counties, school boards and cities could only provide testimony if asked by a member of the Legislature and could not give their opinion on any legislation. Sen. Gray offered the same proposal last year. This year's proposal has the support of the Arizona Republican Committee. The League will continue to oppose this measure for a variety of reasons. Notwithstanding the affront to the First Amendment, the proponents ignore the informational role cities and other public sector entities provide the Legislature as well as the impractical notion of Mayors traveling to Phoenix to personally testify on bills. Locally elected officials are strongly encouraged to contact their senators and express their disapproval of this unnecessary and restrictive proposal. PHOTO ENFORCEMENT BILL HELD House Bill 2603, sponsored by Representative Lucy Mason (R-Prescott) prohibits the Motor Vehicle Division (MVD) from assessing points against a driver's license for photo enforcement citations and also prevents insurance companies from considering those citations when determining a driver's policy or rates. The League, along with many cities and towns that maintain photo enforcement programs, were ready to oppose the bill because it takes the teeth out this important public safety tool. The bill was held in committee this week but could reappear on future agendas. January 18, 2008 IMPACT FEE DISCUSSIONS BEGIN AGAIN Just 4 months after Senate Bill 1423 went into effect, Senate President Tim Bee (R-Tucson) reconvened the stakeholder group on impact fees to begin negotiating further changes to the impact fee process. S.B. 1423 was the League-initiated legislation that proactively responded to the development community's concerns about transparency regarding how fees are calculated, implemented and used. While the new processes required in this bill have yet to be utilized, the League will be at the table for this year's negotiations and will work to protect the impact fee process' ability to require that new growth pay for itself Currently only general concepts are being discussed but once more concrete proposals are available, we will be seeking comments and feedback. THE TREASURER'S OFFICE This week, the League accepted an invitation from State Treasurer Dean Martin to visit his office and witness some of the changes being made at his office to better serve cities and towns. League President Mayor Boyd Dunn, League Treasurer Mayor Larry Nelson and Yuma Councilmember Ross Hieb joined League staff for a tour of the office and a discussion of current and proposed changes aimed at improving service. Some of the proposed changes include: Using interest earnings to pay for office expenses. The office was successful last year in running a bill that lowered the cost for cities and towns to use the Local Government Investment Pool (LGIP) and the Treasurer believes that this new ability will lower those costs even further. Creation of a long-term investment pool. The office is seeking the ability to create a pool for funds that don't require high liquidity to be placed in longer-term, higher yielding investments. Budget and personnel flexibility. The office would like to make changes to state procurement and personnel rules in order to give it flexibility to be more of a profit center for the state and cities and towns. League staff communicated their appreciation for the new outreach efforts from the Treasurer's Office and pledged to provide feedback and/or support for the proposals that would make LGIP more beneficial for cities and towns. 2008 BUDGET REVISIONS COMING SOON On Tuesday, February 5th we'll get our first look at proposed revisions to the 2008 state budget. The Senate Appropriations Committee will hear a measure that makes the adjustments necessary to plug the deficit in the current fiscal year. After weeks of joint committees and discussion, the hearing presents the first opportunity for members to actually vote on the budget revisions. While we don't expect the proposal to impact shared revenues, we'll be watching very closely. LEGISLATIVE DAYS ALREADY UNDERWAY Many cities and towns are taking advantage of the League's Legislative Day program, in which we assist municipalities with meeting their legislators at the Capitol to discuss upcoming issues and partner to serve their shared constituents. The League hosts the meeting in one of its conference rooms and provides lunch for the event. We are also available to assist with planning your program and participating in the meeting as needed. The Town of Oro Valley held their Legislative Day on 1h January 24 , spending an hour or so with Representative Peter Hershberger (R-Oro Valley) to discuss not only state priorities like shared revenues, but also local issues such as water and transportation planning. The City of Yuma also hosted their legislative day this week, on January 30. Their district's legislators, Senator Amanda Aguirre (D-Yuma) and Representatives Theresa Ulmer (D- Yuma) and Lynne Pancrazi (D-Yuma) attended their luncheon and city representatives also met with various members of legislative leadership and key committee chairmen. Thanks to these cities and towns for initiating this contact with their members. Several other cities are currently scheduling their legislative days. If you are interested in holding such an event, please contact Cheyenne at cwalsh(&,azleague.org or at (602) 258-5786. January 18, 2008 The Weekly Spotlight - Representative David Schapira Representative David Schapira (D-Tempe) is a third generation Arizonan and Valley native. Mr. Schapira's career has been rooted in improving his community. He served as a public high school teacher in the Valley, as an aide to US Senator Tom Daschle in Washington, DC and as manager of Terry Goddard's 2002 campaign for Arizona Attorney General. In 2003, Schapira founded a consulting business, Democracy Online Campaigns, which designs websites and communication strategies for campaigns and small businesses across the country. He was a member of the Kiwanis youth group, Key Club, in which he held various leadership positions. Schapira, a cancer survivor, has also worked with the American Cancer Society both as staff and as a volunteer. Mr. Schapira's focus at the Legislature is the education of Arizona's children. As a former public school teacher, he knows the future of education in Arizona depends on investing in student learning, reducing class sizes, paying teachers reasonable wages and working to make our state's universities leaders in higher education and research. A product of Arizona public schools, Schapira also attended Arizona State University and Northern Arizona University before receiving his Bachelor's Degree in Political Science from The George Washington University in Washington, DC. Whatpromptedyou to runfor the legislature? I decided to run for public office because as a high school teacher, I was frustrated with the state of education in Arizona. After learning that the legislature is the source of much of Arizona's education policy, I set my sights on running for the State House. How would you get more people interested in the legislative arena? I do my best every day to educate people as to the impact that the legislature has on their day-to-day lives. What's your proudest legislative achievement? My proudest legislative achievement was the creation of the Math, Science and Special Education Teacher Loan Forgiveness Program. This program allows anyone attending our state universities to apply for loans covering tuition and fees. These loans are to be paid back by the state on a year-by-year basis as the individual fulfills their obligation to teach in a Math, Science or Special Education teaching position in Arizona. What do you think is the proper role of state government? Of local government? The role of government is to provide access, education and safety to its citizens and to protect those who cannot protect themselves. What kinds of things do you do to relax-favorite music, books, etc? My idea of relaxation is a good game of basketball, which my team wins. Thank you for your time. Thanks for the opportunity. 4 January 18, 2008 IN THIS ISSUE Revenue Sharing And Tax Credits ................ 1 9-1-1 Bill Emergency Telecommunications Services .......................... I Sign Walkers .................... 2 Public Safety & Disease Presumptions ................... 2 Guns and Restaurants ......... 2 Should Schools Pay for Their impact on City Facitilies ...... 2 Lobbying Ban Bill Held ........ 2 Budget Meltdown ............... 3 Internet Tax Bill Could Be Costly ........................ 3 Save the Date- February 19, 2008 .............. 3 Legislative Bulletin is published by the League of Arizona Cities and Towns. Forward your comments or suggestions to: League of Arizona Cities & Towns 1 820 West Washington Street Phoenix, Arizona 85007 Phone: 602-258-5786 Fax: 602-253-3874 Email: league(&azleague.org Internet: www.azleague.org Bulletin Issue 05 - February 8, 2008 Revenue Sharins! and Tax Credits Senator Bob Burns (R-Peoria) has introduced Senate Bill 1254, urban revenue sharing; tax credit and it is scheduled to be heard in Senate Finance next Wednesday, February 13'h at 1:30 p.m. This bill would give county residents a 15% tax credit, a credit that comes out of the urban revenue sharing fund. Last year Senator Bums also ran this bill, but was unable to get it out of committee. The League will vehemently oppose this measure, as it goes against one of our most firmly held principles. County residents, according to the bill's sponsor, do not reap the benefits of municipal services, and therefore deserve a tax credit. We all know that this is not true; county residents drive on our streets, call our police, visit our parks and benefit from the overall positive economic impact cities have on the economy of the state. We strongly urge all cities and towns to oppose this bill. Please call your Senators and Representatives; particularly if you have members on the Senate Finance Committee. Senate Finance Committee Members Senator District Phone - Jim Waring (Chairman) 7 (602) 926-4916 Barbara Leff (Vice-Chairma!D_ 11 (602) 926-4486 Robert Bums 9 (602) 926-5993 - Ken Cheuvront 15 (602) 926-5325 Parnela Gorman 6 (602) 926-4002 - Ron Gould 3 138 Debbie McCune Davis 1 14 (602) 926-4485 - Richard Miranda 1 13 (602) 469-2393 9-1-1- Bill Ememency Telecommunications Services The Emergency Telecommunications Services Revolving Fund was enacted to build and maintain 9-1-1 emergency infrastructure and services in Arizona. Out of this fund, the Arizona Department of Administration and regional managers share 3% for administrative costs for the 9-1-1 system. In 2006 and again in 2007 the Legislature lowered the emergency telecommunications tax, which reduced the amount of funds available for system administration by 40%. With this decrease, it is difficult for the system to support the necessary administration and critical personnel. February 8, 2008 9-1-1- Bill Emergency Telecommunications Services Contd. House Bill 2381 is a bill that fulfills a League resolution, restructuring the funds from 3% to 5% in order to keep critical personnel employed. These personnel update the system with crucial information to track callers with cell phones, as well as implement 9- 1 -1 infrastructure and its daily operations. The bill was heard in the House Natural Resources and Public Safety Committee (NRPS) this week and was passed unanimously 10-0. We appreciate Representative Jerry Weiers' (R-Glendale) sponsorship of this bill. Siun Walkers Sponsored by Representative Bob Robson (R- Chandler), Senate Bill 2066, sign walkers, municipal regulation, requires municipalities to allow sign- walkers, but does allow for time, place and manner restrictions for public safety reasons only. The League opposed the bill in the House Environment Committee this week as an intrusion into local control. Although many committee members voiced their concerns over this particular piece of legislation, it passed 4-2, with one member voting present. Its next stop is the House Rules Committee. Public Safety and Disease Presumption Senate Bill 1173, workers' compensation; occupational disease, from Senator Barbara Leff (R-Paradise Valley), adds cervical, testicular and prostate cancers to the list of diseases that would qualify for workers' compensation for firefighters and peace officers. In essence, these diseases would be considered occupational in origin even if diagnosed years after the end of active service. The League is working with Senator Leff to make the bill more palatable and clear, as the research on these matters is not cut and dried and the financial impact on cities and towns is still being determined. Senator Leff held the bill this week, but we do expect to see it on her Senate Commerce and Economic Development agenda next week. The League is gathering as much data as possible to present to the sponsor in preparation for the next committee meeting. Guns and Restaurants Last week the Senate Commerce and Economic Development Committee heard and held Senator Jack Harper's (R-Surprise) Senate Bill 1132, firearms; restaurants; posting bill. This week the bill received another hearing and passed 4-2-2, with a major amendment. The amendment proscribes affirmative posting in clear language, that those possessing a pistol not be served alcohol, and added an intent clause, citing the need to balance the rights of people to bear arms and the rights of private property owners. This bill only applies to those restaurants that have a Class 12 liquor license (at least 40% of the gross sales from food) and that post a sign saying they allow firearms (defined as pistol in the amendment). The bill now goes on to the Senate Rules Committee. Should Schools Pay For Their Impact on City Facilities?. Senate Bill 1138 prohibits cites and towns from charging any impact fee to the School Facilities Board (which is the state funded entity responsible for constructing public schools) or charter schools. Currently, municipalities are permitted to charge impact fees to schools only for water, wastewater and streets. This bill prohibits those impact fees but still allows fees associated with connecting the school to water and sewer systems-which is much less. It has always been our position that any development that has an impact on city facilities should have to pay development fees to fund their proportional share of the additional needs, especially due to the non- discrimination clause found in our development fee laws. This bill, sponsored by Senator Bob Burns (R- Glendale) is scheduled to be heard in Senate Government Committee on Monday at 1:30 pm. Lobbyint! Ban Bill Held An effort sponsored by Senator Linda Gray (R - Phoenix) to put a measure on the ballot to ban the use February 8, 2008 2 Lobbying Ban Bill Held Contd. of public funds to lobby at the capitol was held and not voted upon in the Senate Government Committee this past Monday. Senate Concurrent Resolution 1009 would require elected officials, from the Governor to the Mayors, to personally testify on all bills; they could not send staff or any representatives to do it for them. Committee support for the bill dwindled as proponents were pointedly questioned by Senators Jake Flake (R-Snowflake), Meg Burton-Cahill (D-Tempe) and Robert Blendu (R-Litchfield Park). Some proponents made reference to constitutional issues they claimed were violated by the presence of lobbyists for cities, counties and other public entities. Senator Flake pointed out that elected officials on the governing board of the League authorized our policy positions, with League staff representing them so they could tend to city business at home. We hope this proposal doesn't appear on a future committee agenda. Bud2et Meltdown Both the Senate and House Appropriations Committees were slated to hear bills to make revisions to the FY 2007-08 budget. Included in the bill were reductions to the State Lake Improvement Fund (SLIF) and moving $53 million from the Highway User Revenue Fund (HURF) to fund the Department of Public Safety (DPS). However, before the committees met the respective Chairs indicated that no vote would be taken on the bills. Then the committee meetings were suddenly canceled. Insiders say the budget talks are stalled and substantive discussions have yet to take place. Internet Tax Bill Could be costly A bill proposed by Senator Chuck Gray (R-Mesa) exempts all items purchased over the Internet to be exempt from local sales tax and state use tax. The effect would be the loss of hundreds of millions of dollars for the state and the cities. Additionally, the measure would have provided a great disincentive to patron Arizona's retailers by making many things purchased over the Internet tax free. The Retailers' Association and the International Council of Shopping Centers as well as the League opposed the bill. Senate Bill 1157 was scheduled for a hearing before the Senate Finance Committee this past Wednesday, but was held at the sponsor's request. Save the Date - February 19 2008 Please mark your calendars for the League's Annual Legislative Reception! The League will host a welcome reception for Legislators on February 1 91h from 4:00 p.m. to 6:00 p.m. at the Capitol in the Rose Garden Oust west of the House Chamber). We invite all city and town elected officials and staff to attend this reception. It is a great opportunity to meet with your legislators in a casual setting and build relationships with your elected representatives at the Capitol. February 8, 2008