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04/20/2010 Council Agenda Packet
r_~',~~ L~~~/~ ~l ,o.,, o......~ REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, Apri120, 2010, at or after 7:00 PM Ed Honea, Mayor Herb Kai, Vice Mayor Russell Clanagan, Council Member Patti Comerford, Council Member Carol McGorray, Council Member Jon Post, Council Member Roxanne Ziegler, Council Member ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Revisions to the agenda'can occur up to 24 hours prior to the meeting. Revised agenda items appear in italics. As a courtesy to others, please turn off or put in silent mode all pagers and cell phones. Meeting Times 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. Speaking at Meetings 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. Accessibility 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 Regular Council Meeting -April 20, 2010 -Page 1 of 74 special services are available upon prior request to the Town Clerk at least 10 working days prior to the Council meeting. Agendas Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online at wwwmarana.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 Monday, April 19, 2010, 7:00 PM, at the Marana Municipal Complex, the Marana Operations Center and at wwwmarana.com under Town Clerk, Agendas, Minutes and Ordinances. REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE Jonathan Susa, Life Scout, Quartermaster, Troop 259 APPROVAL OF AGENDA CALL TO THE PUBLIC At this time any member of the public is allowed to address the Town Council on any issue 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. No electronic capability will be provided by the town beyond existing voice amplication and recording (for DVD, CD Rom, USB drives, etc.) 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. PROCLAMATIONS Arbor Day Proclamation MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS PRESENTATIONS CONSENT AGENDA The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion will approve all items on the Consent agenda, including any resolutions or ordinances. A Council Member may remove any issue from Regular Council Meeting -April 20, 2010 -Page 2 of 74 the Consent agenda, and that issue will be discussed and voted upon separately, immediately following the Consent agenda. C 1: Resolution No. 2010-36: Relating to Development; approving a final plat for Burger King /Home Depot (Lisa Shafer) C 2: Resolution No. 2010-37: Relating to Public Works; approving and authorizing the Mayor to execute an intergovernmental agreement between the Town of Marana and the State of Arizona, acting by and through its Department of Transportation, for design and relocation of utilities for the construction of a new traffic interchange at Tangerine Road and Interstate 10 (Ryan Benavides) C 3: Resolution No. 2010-38: Relating to Public Works; approving and authorizing the Finance Director to execute a professional services agreement with T.Y. Lin International, Inc. for engineering services to the Town in connection with Central Arizona Project utility coordination for a new traffic interchange at Tangerine Road and Interstate 10 (Ryan Benavides) C 4: Minutes of the March 30, 2010 special council meeting and the Apri16, 2010 regular council meeting LIQUOR LICENSES L 1: Relating to Liquor Licenses; recommendation to the state liquor board regarding the special event liquor license application submitted by the St. Christopher Catholic Church, 12101 W. Moore Road for a fundraiser BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION A 1: Resolution No. 2010-39: Relating to Development; approving and authorizing the Mayor to execute a development agreement with Legacy Apartments at Dove Mountain, L.L.C., providing for deferral of park development impact fees (Kevin Kish) ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Legislative/Intergovernmental Report: Discussion/Direction/Action regarding all pending state and federal legislation and report on recent meetings of other legislative bodies (Steve Huffman) EXECUTIVE SESSIONS E 1: Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. E 2: Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), 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 possible acquisition of certain water infrastructure and accounts and water rights and/or resources Regular Council Meeting -April 20, 2010 -Page 3 of 74 E 3: 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 (1) the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008-001131, (2) pending legal issues, settlement discussions and contract negotiations relating to the transition of Marana wastewater collection and treatment to the Town of Marana 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) ADJOURNMENT Regular Council Meeting -April 20, 2010 -Page 4 of 74 PROCLAMATION Arbor Day 2410 WHEREAS, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, the holiday known as Arbor Day was first observed with the planting of more than one million trees in Nebraska; and WHEREAS, Arbor Day is now observed throughout the world; and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, lower our heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife; and WHEREAS, trees are a renewable resource giving us paper, wood far our homes, fuel for our fires and countless other wood products; and WHEREAS, trees in our town increase property values, enhance the economic vitality of business areas and beautify our community; and WHEREAS, trees, wherever they are planted are a source of joy and spiritual renewal. NOW, THEREFORE, the Mayor and Council of the Town of Marana proclaim Arbor Day as Saturday, May 1, 2010 and urge all citizens to plant and care for trees to gladden the heart and promote the well-being of this and future generations. Dated this 20'h day of April, 2010. ATTEST: Jdcelyn C-:'~8ronson, Town Clerk U- ~..~ ~.. Mayor Ed Honea ~ 74 ,~~~~ r.+~' ~~ ~~~H ww/ tb~~ CI t•11MiW 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, Apri120, 2010, 7:00:00 PM To: Mayor and Council Item C 1 From: Lisa Shafer ,Assistant Planning Director Strategic Plan Focus Area: Commerce Subject: Resolution No. 2010-36: Relating to Development; approving a final plat for Burger King /Home Depot Discussion: Re uest Final plat approval of a 2-lot commercial subdivision on 12.6 acres. The final plat will create a new lot for Burger King out of the existing Home Depot lot. Location The subject property is generally located at the northwest corner of Costco Drive and Costco Place. History On September 1, 1993 the property was annexed into the Town of Marana by Ordinance 93.12. In 1999, the Home Depot was built. The property is zoned Heavy Industrial (HI). Transportation Access to the development is being provided from three existing shared access drives, two on Costco Drive and one on Costco Place. The two new proposed lots will also have shared cross access and parking easements. No rights-of-way improvements or dedications are necessary for this project. Development Plan Staff is currently reviewing the development plan and improvement plans for the Burger King. ATTACHMENTS: Name: Description: Type: ^ Resolution 2010-XXX Burger King -Home Depot Resolution Resolution FP.doc D Burger King Home Depot Final Plat,pdf. Location Map Backup Material ~ Burger King_Home Depot Regular Council Meeting -April 20, 2010 -Page 6 of 74 FP_applcaton.pd. f Application ^ Burger_Kng,pdf Final Plat Staff Recommendation: Backup Material Backup Material Staff finds that the final plat is in compliance with requirements of the HI zoning district, the Marana Land Development Code and the Marana General Plan; therefore staff recommends. approval of the final plat. Suggested Motion: I move to adopt Resolution 2010-36, approving a final plat for the Burger King /Home Depot. Regular Council Meeting -April 20, 2010 -Page 7 of 74 MARANA RESOLUTION N0.2010-36 RELATING TO DEVELOPMENT; APPROVING A FINAL PLAT FOR BURGER KING/HOME DEPOT WHEREAS, HD Development of Maryland, Inc., has applied for approval of a final plat for the Burger King /Home Depot, a 2-lot commercial development on 12.6 acres, and is generally located at the northwest corner of Costco Drive and Costco Place, within a portion of Section 6, Township 13 South, Range 13 East; and WHEREAS, the Town Council, at their regular meeting on April 20, 2010, determined that the Burger King /Home Depot Final Plat should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Burger King/Home Depot Final Plat is hereby approved. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 20th day of April, 2010. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regular Council Meeting -April 20, 2010 -Page 8 of 74 P.' MAt~ANA ~~`~ PLANNING & ENOINEERiNG .APPLICATION ~ _ __~~,~ 1 TYPE OF APPLICATION (Check ORe - ^ Preliminary Plat ~ F'ioal Plat ^ General Plan Amendment ^Variance [~ Development Plan ^ SWPP ^ Landscape Plan ^ Native Print Permit ^ Specific Plan Amendment ^ Conditional Use. Permit ^ RezonelSpecific Plan. ^ Native Plant Exception ^ Significant Land Use Change Q Minor Land Division ^ Water Plan ^ Annexation ^ improvement Plan (specif`~ype in Description of Pro'ect box* ^ Other 2, GEYIaRAL :DATA R>/ UIREI) _ ~ P Assessor's Parcel. 101-OS-08GF _ General Plan Designation , . Numtier(s} _ ---- Ta be confirmed b staf Gross Area (AcrefSq. Ft.} _ _~ 4 ~ )94 Current Zoning (To be confirmed b staffa DevelopmentlProject Name Burger King.: "Proposed Zoning Project Location 325 W. Costca Dr: Description of Project* Burger King Restauralrt Property Owner I ID Development of Maryland, Tnc. Street Address 3800 W. Chapman Avenue City State Zip Code Phone Number Fax. Number E-Mail.: Address Orange CA 92868' 714-940-3620 714.940-3579 Beveriygmetz~homedepot.com Contact Person Phone Number ! E-mail Beverly Metz 714-940-b569 Beverly_metz@hamedepot.com Applicant J. Herndon inc. Street Address 4504 E. Speedway Blvd. Ste. 67 City State. Zip Code Phone Number Fax Number E-Mail Address Tucson AZ 85712 520-325-4504 520-325-3453 jimbright1971 a~yahoo.com Contact Person. Phone Number! E-mail Jim Bright 520-440-5045. jimbrightl97lQyahoo.com AgentlRepresentative Stanley Engineering: & Drainage Inc... Street Address P.O. Box 1888 City State Zip Code Phone Number Fax Number E-Mail Address Tucson AZ 85702 52U-390-7920 520-792-0318 Stanley19263{a~msn.com Contact Person. Town of Marano. Business Jeff Stanley License Na. 118212 3. ATITHORI:LATION OF 1'Tt t1T'~RTX OFVNEI2 I, the undersigned, certify that all of the facts set forth in this application aye true to the best of my knowledge and that 1 am either the owner of the property or that (have been authorized in wrrtiuQ by the o~amer to fife this application and checklist. (If not owner of recr~rd, attach written :nnhorization from the owner.} ' It:' ti _ - ~~~ i HD DLVELO OF RY ND, INC'. " y f HD Development of Maryland, inc.lErika Strewn By: ~ ~ - ~ - ~ s ~~ Date Print Name.. of A licantlA ent Si 11555 W. Civic Center Drive,... Bldg. 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Director of Public Works Strategic Plan Focus Area: Community Building Strategic Plan Focus Area -Additional Information: The construction of a new traffic interchange at Tangerine Road and I-10 is beneficial to the public safety and welfare of the community. Subject: Resolution No. 2010-37: Relating to Public Works; approving and authorizing the Mayor to execute an intergovernmental agreement between the Town of Marana and the State of Arizona, acting by and through its Department of Transportation, for design and relocation of utilities for the construction of a new traffic interchange at Tangerine Road and Interstate 10 Discussion: The Pima Association of Governments (PAG) has approved and programmed $1.5 million in funds into the state's Five-Year Transportation Construction Program FY 2010 for the design and relocation of existing utility lines for the proposed new Tangerine/I-10 traffic interchange. A proportion of the PAG funds will be used to reimburse the Town and support the state with design and utility relocation expenses for the project. The IGA calls for ADOT to reimburse the Town for costs associated with the design and relocation of the existing utilities upon receipt and approval of invoices from the Town. The total Town reimbursement from ADOT for the utility design and relocation work is estimated at $850,000. Based on previous commitment letters, Town staff anticipates that the major landowners will dedicate at no cost to the Town, all rights-of--way and easements needed for construction of the new Tangerine/I-10 traffic interchange. Financial Impact: This item should be cost-neutral to the Town except for existing Town staff costs. The Town will submit invoices to the State no more than monthly for costs associated with utility design and relocation of the existing utilities. ADOT's reimbursement to the Town will be from the approved PAG funding, estimated at $850,000. ATTACHMENTS: 'VTan~e: Descriptian: Type: Regular Council Meeting -April 20, 2010 -Page 16 of 74 O Reso._ADQT_Tangerine_TI Utilities IGA (00020503~_D.O....G.. Rasp Appr°ving AC~dT Tangerine TI Utilities IGA Resolution D ADOT_Tangerne._TI Utilities IG.A (00020493- Exh A to Reso: ADOT Tangerine TI Utilities IGA Exhibit 2~._DOC ^ Exh.bt_A,pdf Exhibit to ADOT Tangerine T! Utilities IGA Exhibit Staff Recommendation: Staff recommends the adoption of Resolution No. 2010-37. Suggested Motion: I move to adopt Resolution No. 2010-37, approving and authorizing the Mayor to execute the ADOT Tangerine TI Utilities IGA. Regular Council Meeting -April 20, 2010 -Page 17 of 74 MARANA RESOLUTION N0.2010-37 RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA AND THE STATE OF ARIZONA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, FOR DESIGN AND RELOCATION OF UTILITIES FOR THE CONSTRUCTION OF ANEW TRAFFIC INTERCHANGE AT TANGERINE ROAD AND INTERSTATE 10 WHEREAS the Pima Association of Governments (PAG) has approved and programmed $1.5 million in funds into the State's Five-Year Transportation Construction Program FY 2010 for the design and relocation of existing utilities for the proposed new Tangerine/I-10 traffic interchange; and WHEREAS the State anticipates using up to $850,000 of the PAG funds to reimburse the Town and support the State with design and utility relocation expenses for the project; and WHEREAS, based on previous commitment letters, the Town anticipates that the major landowners will dedicate at no cost to the Town all rights-of--way and easements .needed for construction of the new Tangerine/I-10 traffic interchange project; and WHEREAS relocation of utilities and other right-of--way work is needed in order to make the new Tangerine/I-10 traffic interchange project shovel-ready for any available future funding; and WHEREAS the State has prepared and presented to the Town for execution a proposed intergovernmental agreement between the Town and the State, acting through its Department of Transportation, for design and relocation of utilities for the construction of the new traffic interchange at Tangerine Road and Interstate 10 (the "Proposed IGA"); and WHEREAS the primary purpose of the Proposed IGA is to facilitate the State's reimbursement of the Town's utility design and relocation costs for the project; and WHEREAS the Mayor and Council find the terms and conditions of the Proposed IGA are in the best interests of the Town. Marana Resolution No. 2010-37 - 1 - {00020503.DOC /} Regular Council Meeting -April 20, 2010 -Page 18 of 74 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The intergovernmental agreement between the Town of Marana and the State of Arizona, acting through its Department of Transportation, for design and relocation of utilities for the construction of the new traffic interchange at Tangerine Road and Interstate 10 (the "Proposed IGA") attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Mayor is hereby authorized and directed to execute it for and on behalf of the Town of Marana. SECTION 2. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this resolution and to carry out the terms of the Proposed IGA. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 20th day of April, 2010. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution No. 2010-37 - 2 - {00020503.DOC /} Regular Council Meeting -April 20, 2010 -Page 19 of 74 IGA/JPA File No.: 09-215-I AG No.:P001-2010-001019 Project: Tangerine TI Design/Utility Relocation TRACS No.: H7467 01 U Budget Source Item No.: 21310 INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND TOWN OF MARANA THIS AGREEMENT is entered into this date ,pursuant to the Arizona Revised Statutes § 11-951 through 11-954, as amended, between the STATE OF ARIZONA, acting by and through its DEPARTMENT OF TRANSPORTATION (the "State") and the TOWN OF MARANA, acting by and through its MAYOR and TOWN COUNCIL (the "Town"). I. RECITALS 1. The State is empowered by Arizona Revised Statutes § 28-401 to enter into this Agreement and has delegated to the undersigned the authority to execute this Agreement on behalf of the State. 2. The Town is empowered by Arizona Revised Statutes § 11-251 to enter into this Agreement and has by resolution, a copy of which is attached hereto and made a part hereof, resolved to enter into this Agreement and has authorized the undersigned to execute this Agreement on behalf of the Town. 3. The Town and State agree that the construction of a new traffic interchange at Tangerine Road and I-10 is beneficial to the public safety and welfare of the Community. The future traffic interchange will require right-of-way acquisition, utility design and relocation of the existing utility lines along the I-10. The Town will acquire right-of-way from the current owners, Cortaro Marana Irrigation District (CMID) and private developer Westcor required for the utility relocation. The Town must comply with and follow Federal and State laws, rules and regulations for the acquisition of the right-of way. The Parties agree to enter into an intergovernmental agreement for the future construction of the new traffic interchange and maintenance responsibilities. Agreements will be administered by the State after the existing utility lines are relocated and completed. 4. The Pima Association of Governments (PAG) has approved 7.5 million in funds (Item G, TIP Amendment 2, STIP # 51), and programmed into the State's Five-Year Transportation Construction Program FY 2010 for the design and relocation of existing utility lines. A proportion of the PAG funds will be used to reimburse the Town and support the State with design and utility relocation expenses, hereinafter referred to as the "Project". 5. The Town will submit invoices to the State, no more than monthly for costs associated with utility design and relocation of the existing utility lines. The reimbursement to the Town will be from the approved PAG funding. THEREFORE, in consideration of the mutual covenants expressed herein, it is agreed as follows: Regular Council Meeting -April 20, 2010 -Page 20 of 74 Page 2 II. SCOPE OF WORK 1. The Town will: JPA 09-215-I a. Invoice the State no more than monthly and provide proper back-up documentation for reimbursement of expenses for the design and relocation of the existing utility lines estimated at $850,000.00. b. Provide a copy of all the documentation pertaining to the utility relocation design. 2. The State will: a. Provide comments to the Town as appropriate regarding the utility relocation. b. Upon receipt and approval of invoice from the Town, reimburse the Town for costs associated with the design and relocation of the existing utility lines estimated at $850,000.00. c. Initiate and enter into an Agreement with the Town for construction of the new traffic interchange. This Agreement will also address right-of-way acquisition, conveyance and property abandonment require for the Project (see exhibit attached). d. Initiate and enter into an Agreement with the Town for maintenance responsibilities require after completion of the Project. III. MISCELLANEOUS PROVISIONS 1. The Recitals to this Agreement are incorporated herein. The terms, conditions and provisions of this Agreement shall remain in full force and effect until the completion of right-of-way acquisition, and design and relocation of the utilities. The acquisition of right-of-way must comply with and follow Federal and State laws, rules and regulations. 2. Each party (as "Indemnitol") agrees to indemnify, defend, save and hold harmless the other party (as "Indemnitee") from and against any and all claims, losses, liability, costs,. or expenses including reasonable attorneys' fees, hereinafter collectively referred to as ("claims"), arising out of bodily injury of any person, including death or property damage, but only to the extent that such claims which result in vicarious/derivative liability to the Indemnitee, are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees or volunteers. 3. This Agreement shall become effective upon signing and dating of the Determination .Letter by the State's Attorney General. 4. This Agreement may be cancelled in certain instances in accordance with Arizona Revised Statutes § 38-511. 5. To the extent applicable under law, the provisions set forth in Arizona. Revised Statutes § 35-214 and § 35-215 shall apply to this Agreement. 6. In the event of any controversy, which may arise out of this Agreement, the Town and the State agree to abide by required arbitration as is set forth for public works contracts in Arizona Revised Statutes § 12-1518. 7. All notices or demands upon any party to this Agreement shall be in writing and shall be delivered in person or sent by mail, addressed as follows: Regular Council Meeting -April 20, 2010 -Page 21 of 74 Page 3 Arizona Department of Transportation Joint Project Administration 205 S. 17th Avenue, Mail Drop 637E Phoenix, Arizona 85007 (602) 712-7525 (602) 712-3132 Fax Town of Marana Gilbert Davidson Town Manager 11555 W. Civic Center Dr. Marana, Arizona 85653 Phone 520-382-1900 Fax 520-382-1902 JPA 09-215-I 8. This Agreement is subject to all applicable provisions of the Americans with Disability Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable Federal regulations under the Act, including 28 CFR Parts 35 and 36. The parties to this Agreement shall comply with Executive Order Number 99-4 issued by the Governor of the State of Arizona and incorporated herein by reference regarding "Non- Discrimination". 9. Non-Availability of Funds: Every payment obligation of the State under this Agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such obligations. If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by the State at the end of the period for which the funds are available. No liability shall accrue to the State in the event this provision is exercised as a result of termination under this paragraph. 10. Compliance requirements for Arizona Revised Statutes § 41-4401-immigration laws and E-Verify requirement: a. Town warrants compliance with all Federal immigration laws and regulations relating to employees and warrants its compliance with Arizona Revised Statutes § 23- 214, Subsection A. b. A breach of a warranty regarding compliance with immigration laws and regulations shall be deemed a material breach of the contract, and the Town may be subject to penalties up to and including termination of the Agreement. c. The State retains the legal right to inspect the papers of any employee who works on the Project to ensure that the Town or subcontractor is complying with the warranty under paragraph (a). 11. Pursuant to Arizona Revised Statutes § 35-391.06 and § 35-393.06, each Party certifies that it does not have a scrutinized business operation in Sudan or Iran. For the purpose of this Section the term "scrutinized business operations" shall have the meanings set forth in Arizona Revised Statutes § 35-391 and/or § 35-393, as applicable. If any Party determines that another Party submitted a false certification, that Party may impose remedies as provided by law including terminating this Agreement. 12. In accordance with Arizona Revised Statutes § 11-952 (D,) attached is the written determination of each party's legal counsel and that the parties are authorized under the laws of this State to enter into this Agreement and that this Agreement is in proper form. Regular Council Meeting -April 20, 2010 -Page 22 of 74 Page 4 JPA 09-215-I IN WITNESS WHEREOF, the parties have executed this A;eement the day and year first above written. TOWN OF MARANA STATE OF ARIZONA Department of Transportation By ED HONEA Mayor ATTEST: By JOCELYN C. BRONSON Town Clerk By 3/16/10-1y 3/31 /10-1y Regular Council Meeting -April 20, 2010 -Page 23 of 74 Page 5 JPA 09-215-I JPA 09-215-1 ATTORNEY APPROVAL FORM FOR THE TOWN OF MARANA I have reviewed the above referenced Intergovernmental Agreement between the State of Arizona, acting by and through its DEPARTMENT OF TRANSPORTATION, and the TOWN OF MARANA, an Agreement among public agencies which, has been reviewed pursuant to Arizona Revised Statutes § 11-951 through § 11-954 and declare this Agreement to be in proper form and within the powers and authority granted to the Town under the laws of the State of Arizona. No opinion is expressed as to the authority of the State to enter into this Agreement. DATED this day of , 2010. Town Attorney Regular Council Meeting -April 20, 2010 -Page 24 of 74 ~ ~ ~~ ~~ s .. ~~ .~; a. ~ ~.. ~ , ~~_ ~.. ~ '~' ~: ~~ ~ ~. , x Z ~ arr ~~tiw a ~ r ' 'e / ! `u . J ~ ~ w' w e ~ n i,• d ~ „ . e ~.'' ~', ~ + ~ , -~ ,' ~ j~' ~ .~ ~ ~ ~ ~~, ~. ~. ~:~ _ '~ ~ hr '^'~' ~~ .., ,. ..~ ~~ ~ ; ~ x ,~. 't M r ~ •' iw ~ ~. > ~ __ P~ a, G ,,~ ,.. pQ C90 , ~ ~~~ Z ~' i ,; ~.. ,, ,' i ~. , 4 ~C _. _-. ~ ~ ~ ~~~ a 7'. ~ ~ ~ ~~~ ; ~ r- ;a~ mo'w' r ,~ ~w,~? A~ ..: ,, ~ ~ ~ W M, ~~ ~; y _ <. ~ ~ _ ~' ~ ~' ' ~ '~ .jQ',,~ ~ '~ tL ~~ ~., -- ~~ ~ y ~' ~ o "~ C~~ ~~ ~ ~ a~i ~~ ~ ~ Q ~~ ~ v~o ~ W D R ~ '~~'" '"~= ;~'F~ ~~ HOC O s- ~ ~ ~ ~ ~~» ~'~ W ~ R O ,~ 1;~~• i 3 ~ N ~~. , ~ ~ _ P ~, ~ -- - ~ adod i~dwotnn c N N •~ •X ~ ~ ,_ ~ i !` W W ~~ ~ ~U ,~ . ~ ~ U f:FF W -~ r..~. -.~~t,~ „~a;w~..,~~ o~s~~ ~~B 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, April 20, 2010, 7:00:00 PM To: Mayor and Council Item C 3 From: Ryan Benavides ,Asst. Public Works Director Strategic Plan Focus Area: Community Building Subject: Resolution No. 2010-38: Relating to Public Works; approving and authorizing the Finance Director to execute a professional services agreement with T.Y. Lin International, Inc. for engineering services to the Town in connection with Central Arizona Project utility coordination for a new traffic interchange at Tangerine Road and Interstate 10 Discussion: Civil engineering firm T.Y. Lin International, Inc. has prepared construction drawings for the new grade-separated interchange at Tangerine Road and Interstate 10 through professional services agreements with Westcor and MSP Properties. The Town has been coordinating the review of the plans for the new Tangerine TI, which ADOT will construct pursuant to utility coordination, construction, and maintenance IGAs with the Town. The Town will coordinate most of the utility relocation and right-of--way acquisition work for the new TI. T.Y. Lin performed engineering services valued at approximately $410,000 to coordinate with the CAWCD to accommodate the new Tangerine TI's crossing of the CAP siphon located just north of the existing Tangerine TI. A portion of the cost of this CAP utility coordination work ($171,169) is attributable to the Town as part of its utility relocation obligations. Like all other Town utility relocation work on the TI, these CAP utility coordination costs will be eligible for reimbursement of pursuant to the ADOT Tangerine TI Utilities IGA, which is also being recommended for approval on tonight's agenda. Normally, Town-funded engineering work for a capital improvement project would be awarded through a competitive proposal process. In this case, T.Y. Lin has unique knowledge and familiarity with the project as a result of their preparation of the construction plans. As a result, Town staff determined that it was appropriate for T.Y. Lin to do the CAP utility coordination work. Financial Impact: The Town will be responsible to pay T.Y. Lin $171,169, which will then be reimbursed by ADOT under the Tangerine TI Utilities IGA, which is also recommended for approval on Regular Council Meeting -April 20, 2010- Page 26 of 74 tonight's agenda. ATTACHMENTS: Name: Description: Type: ^ Reso TY Lin._Tangerne._.T....I. Utilities PSA jFC1315).DOC Reso Approving TY Lin PSA for Tangerine TI GAP Resoiution ^ TY Lin International._PSA (00020520 DOC Reso Exh A: TY Lin PSA Exhibit Staff Recommendation: Staff recommends adoption of Resolution No. 2010-38, approving and authorizing the Finance Director to execute the professional services agreement with T.Y. Lin. Suggested Motion: I move to adopt Resolution No. 2010-38, approving and authorizing the Finance Director to execute the professional services agreement with T.Y. Lin. Regular Council Meeting -April 20, 2010 -Page 27 of 74 MARANA RESOLUTION N0.2010-38 RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE FINANCE DIRECTOR TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH T.Y. LIN INTERNATIONAL, INC. FOR ENGINEERING SERVICES TO THE TOWN IN CONNECTION WITH CENTRAL ARIZONA PROJECT UTILITY COORDINATION FOR A NEW TRAFFIC INTERCHANGE AT TANGERINE ROAD AND INTERSTATE 10 WHEREAS civil engineering firm T.Y. Lil`i INTEi~iATIONAL, INC. ("T.Y. LIN") has prepared construction drawings for the construction of a new grade-separated interchange at Tangerine Road and Interstate 10 (the "New Tangerine TI"); and WHEREAS the New Tangerine TI is planned to be constructed approximately 1200 feet northwest of the existing Tangerine Road/Interstate 10 interchange; and WHEREAS T.Y. LIN prepared the construction drawings pursuant to one or more professional services agreements with certain surrounding landowners ("Stakeholders"); and WHEREAS the Town has been coordinating the review of the plans for the New Tangerine TI, which is anticipated to be constructed by the Arizona Department of Transportation (ADOT) pursuant to intergovernmental agreements with the Town under which the Town is anticipated to perform certain utility relocation coordination and right-of--way acquisition duties; and WHEREAS T.Y. LIN performed engineering services valued at approximately $410,000 to coordinate with the Central Arizona Water Conservation District to accommodate the New Tangerine TI's crossing of the Central Arizona Project (CAP) siphon located just north of the existing Tangerine Road/Interstate 10 traffic interchange; and WHEREAS a portion of the cost of T.Y. LIN'S CAP Utility Coordination is attributable to the Town as part of its utility relocation obligations and is eligible for reimbursement pursuant to the IGA between the Town and ADOT for design and relocation of utilities for the construction of the New Tangerine TI, which IGA is also being approved by the Town concurrently with the adoption of this resolution; and WHEREAS T.Y. LIN had unique knowledge and familiarity of the New Tangerine TI project that justified having T.Y. Lily undertake the CAP Utility Coordination work, instead of offering the work to other civil engineering consultants; and Regulq~~i~~~d4~rjila4,~2010 -Page 28 of 74 _ 1 _ {FC1315.DOC /} WHEREAS the Mayor and Council find the terms and conditions of the proposed professional services agreement with T.Y. Ln•1 are in the best interests of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL, OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The professional services agreement between the Town of Marana and T.Y. LIN for CAP Utility Coordination for the New Tangerine TI attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved in an amount not to exceed $171,169, and the Finance Director is hereby authorized and directed to execute it for and on behalf of the Town of Marana. SECTION 2. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this resolution and to carry out the terms of the Proposed IGA. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 20~' day of April, 2010. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regulq~~l~~~i~~t,~,~-~ij~4g2010 -Page 29 of 74 _ 2 _ {FC1315.DOC /} TOWN OF MARANA, ARIZONA FINANCE DEPARTMENT 11555 WEST CIVIC CENTER DRIVE MARANA, AZ 85653 PROFESSIONAL SERVICES AGREEMENT Central Arizona Project (CAP) Utility Coordination for the New Tangerine TI Agreement Number: THIS AGREEMENT IS MADE AND ENTERED INTO by and between the TOWN OF MARANA, an Arizona municipal corporation (the "Town"), and T.Y. LIN INTERNATIONAL, INC., a California corporation (the "Consultant"), for the purpose of providing engineering services to the Town in connection with Central Arizona Project (CAP) Utility Coordination for the New Tangerine TI. The Town and the Consultant are sometimes collectively referred to as the 'Tarbes; ' each of which is soinetixnes individually referred to as a 'Party " ARTICLE 1. SCOPE OF WORK 1.01. In connection with one or more professional services agreements with certain surrounding landowners who are not parties to this Agreement ("Stakeholders"), the Consultant has prepared constn~ction drawings for the construction of anewgrade-separated interchange at Tangerine Road and Interstate 10 (the `New Tangerine TI"). The New Tangerine TI is plaruled to be constnacted approximately 1200 feet northwest of the existing Tangerine Road/Interstate 10 interchange. 1.02. The Town has been coordinating the review of the plans for the New Tangerine TI, which is anticipated to be constructed by the Arizona Depaxtmelit of Transportation (ADOT) pursuant to intergaverrunental agreements with the Town. under which the Town is anticipated to perform (subject to reimbursement and financial participation from non-Town funding sources) certain utility relocation coordination andright-of-way acquisition duties. 1.03. During the last half of 2009, the Consultant performed engineering services valued at approximately $410,000 in connection with CAP Utility Coordination for the New Tangerine TI. Specifically, the Town, Consultant, and Stakeholders were requimd to undertake a previously unforeseen utility relocation effort in coordination with the Central Arizona Water Conservation District in connection with the New Tangerine TI's crossing of the CAP siphon located just north of the existing Tangerine Road/Inteistate 10 traffic interchange. 1.04. For reasons including the Consultant's voluminous work on the New Tangerine TI construction drawings and associated engineering work, the Town acknowledges that Consultant had unique knowledge and familiarity of the project that justified having the Consultant undertake Regul~~~~ti~g -April 20, 2010 -Page 30 of 74 _ 1 - 4/13/20104:41 PMFJC the CAP Utility Coordination work, instead of offering the work to other civil et~uleering consultants. 1.05. Except for the CAP Utility Coordination work which is the subject of this Agreement, the Parties ackrwwledge and agree that the Town has no other e~dsting financial obligation to the Consultant in connection with the New Tangerine TI. ARTICLE 2. TERM 2.01. This Agreement shall be effective when it is executed on behalf of both Parties and shall terminate upon the Town's full payment for the Consultant's services (see paragraph 6.02 belowj. ARTICLE 3. RELATIONSHIPS 3.01. In the performance of the services described in this Agreement, the Consultant acknowledges that it has acted solely as an independent contractor, and nothing expressed or implied in this Agreen-~ent shall be constn~ed to create the relationship of employer and employee, partnership, principal and agent, or to create a joint venture betwueil the Town and the Consultant. ARTICLE 4. NOTICES 4.01. All notice requests and authorizations provided for in this Agreexner-t shall be in writing and shall be delivered or imailed, addressed as follows: Town TOWN OF MARANA Attention: Barbara Johnson, Public .Services General Manager Address: 11555 West. Civic Center Drive Marana, Arizona 85653 With a copy to: TOWN OF MARANA Attn: Finance Director 11555 W. Civic Center Drive Marana, Arizona 85653 Consultant: T.Y. LIN INTERNATIONAL, INC. Attention: Daniel Heller, P.E., VP I Unit Manager Address: 60 E. Rio Salado Pkwy, Ste. 501 Tempe, Arizona 85281 ARTICLE 5. BINDING EFFECT ON SUB-CONSULTANTS AND OTHERS 5.01. For purposes of the work and services performed under this Agreement and the obligations and requirements imposed on the Consultant pursuant to this Agreement, the term "Consultant" shall include the Consultant, Consultant's staff, all of Consultant's sub-consultants, and all other persons working at Consultant's request or direction ARTICLE 6. INVOICE AND PAYMENT G.01. Consultant has provided an invoice dated December 1, 2009 in the amount of $171,169.00 for the Town's share of Consultant's work in connection with CAP Utility Coordination for the New Tangerine TI, including all direct and indirect costs and charges associated with this work 6.02. As soon as practicable after the effective date of this Agreement, but in any event not later than 30 calendar days after the effective date of this Agreement, the Town shall pay the Consultant Regul~(~~I~ti~g -April 20, 2010 -Page 31 of 74 _ 2 _ 4/13/20104:41 PMFJC $171,169.00 for the Town's share of Consultant's work in connection with CAP Utility Coordination for the NewTang~rine TI. ARTICLE 7. TERMINATION AND BREACH 7.01. Upon termination of this Agreement, the Town shall have no fw-ther obligation to Consultant. 7.02. Either Party may pursue any remedies available to it for the breach of this Agreement. ARTICLE 8. MISCELLANEOUS PROVISIONS 8.01. This Agreen~.lt shall be gavemed by and constn~ed and enforced in accordance with the laws of the State of Arizona. 8.02. This ~Zt represents the entire and integrated agreement betwEeil the Parties and supersedes all prior negotiations, representations or agreements, either written or oral. 8.03. If any provision of this Agreement is declared invalid or unenforceable, the reimainder shall continue in full force and effect. 8.04. This Agreement may not be changed or modified except by written agreement signed by all Parties. 8.05. The Consultant acknowledges that it has complied with and shall comply with all federal and state equal opportunity laws, orders and regulations and shall not discriminate against any employee or applicant for employment on the basis of age, race, color, religions sex, disability, national origin, marital status, veteran status, or sexual orientation 8.06. The Consultant warrants that it has complied with and shall comply with all federal immigration laws and regulations that relate to its employes and complies with Arizona Revised Statutes section (A.R.S. ~) 23-214 (A). The Consultant acknowledges that pursuant to A.R.S. ~ 41-4401 and effective September 30, 2008, a breach of this warranty is a material breach of this Agreement subject to penalties up to and including termination of this Agreement, and that the Town retains the legal right to iitispect the papers of any employee who works on the Agreement to ensure compliance with this warranty. 8.07. The Consultant certifies that it does not have, nor will it for the duration of this contract have, scnztixtized business operations in Sudan or Iran as defined in A.R.S. ~ 35-391 and A.R.S. ~ 35-393, respectively. 8.08. This Agreement is subject to the provisions of AR.S. ~ 38-511, which provides for termination in certain instances involving conflicts of interest. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Regul~~~yi~#i~g -April 20, 2010 -Page 32 of 74 _ 3 _ 4/13/2010 4:41 PMFJC IN WITNESS WHEREOF, the under%ned parties have executed this Agreement as of the last Party's signature date below The "Town": TI IE TOWN OF MARANA, an Arizona municipal corporation The "Consultant": T.Y. LIN INTERNATIONAL, INC., a California corporation Erik Montague Finance and Purchasing Director Daniel Heller, P.E. VP I Unit Manager Date Date ATTEST: Jocelyn Bronson, Town Qerk APPROVED AS TO FORNL' Frank Cassidy, Town Attorney Federal I.D.# Regul~[~~Iti~g -April 20, 2010 -Page 33 of 74 _ 4 _ 4/13/20104:41 PMFJC SPECIAL COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, March 30, 2010, at or after 6:00 PM Ed Honea, Mayor Herb Kai, Vice Mayor Russell Clanagan, Council Member Patti Comerford, Council Member Carol McGorray, Counci 1 Member Jon Post, Council Member Roxanne Ziegler, Council Member SPECIAL COUNCIL MEETING CALL TO ORDER AND ROLL CALL Mayor Honea called the meeting to order at 6:00 p.m. Town Clerk Bronson called roll. All Council Members were-present. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE Led by Mayor Honea. Council Member Comerford noted that the crossing guard at Coyote Trail Elementary, Mr. Colish, had passed and asked that he be remembered. Mayor Honea addressed the public, noting that Council was now conducting Council meetings with a paperless agenda and with computers at a cost savings to the town of nearly $1400 per year. He asked for the public patience as Council Members transitioned to this new format. APPROVAL OF AGENDA Motion to approve moved by Council Member Post, second by Council Member McGorray. Motion carried unanimously. CALL TO THE PUBLIC Joan Travis-Triumph from Avra Vista Estates spoke regarding the proposed landfill, noting her concerns regarding safety and health of her family by putting a landfill on top of an aquifer and asked Council stop the landfill and research it more thoroughly. Jens T. Hill from Silverbell West addressed Council and noted his concerns and those of his community, specifically regarding the aquifer, of the proposed landfill. Richard Swartz spoke on behalf of the Concerned Citizens of the Proposed Landfill, noting that his group had an entry in the Founders' Day parade. He believes that their Regular co6t~#Id~ viir~gtnP~~yd as it passed by the reviewing stands, which was to March 30, 2010 Council Meeting Minutes express concern over the future quality of the water as it relates to the proposal landfill. He further expressed the group's concern over the proposed landfill and asked Marana officials to remain committed to the future of the citizens and not contaminate the aquifer. Charles Goddard, Jr. addressed Council regarding his opposition to the regional landfill, noting location in the middle of an active floodplain -the Brawley Wash has no denoted floodway to accommodate development and/or rezoning. He raised several concerns, including overland transport and environmental consequences to people in the area. He feels there is much ambiguity in the special plan -according to professional analysis done by several people whom he noted. Steve Storzer spoke to Council regarding his concern over the landfill, including his personal experience with groundwater contamination. He noted that several of his family members had experienced death and severe health problems resulting from what he believes to be drinking contaminated groundwater in an area south of Tucson. He believes that a landfill in the proposed area is too great a risk, and that some day a liner will leak and toxins will contaminate the ground. Jimmy Hart spoke regarding the elimination of the Marana Parks After School Program. His expressed his concern that children will bear the brunt of the economic downturn, including his own children. Because of the cost of other'programs, people will have to make a choice between paying higher costs for child care or spending money at local businesses. He suggested increasing the cost of the programs by 400-500% each semester. PROCLAMATIONS. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Vice Mayor Kai reported that he had talked to Barbara Johnson and that she is very optimistic.,about her recovery. Council`~Member Clanagan reported on his experience with the MPA Wild Ride to the UA~technology center. He noted that this was the first time he had had an opportunity to tour the facility and he was very impressed -especially with the number of employees - over 3,000 -and the high wages -averaging in excess of $80K. He also noted that the Vail school district is building an academy near the center so that their students can partner with major employers located there. He will share some of the information at the next Council meeting. Council Member Ziegler thanked staff for going electronic with the Council agendas. She attended Russell Dove's memorial service last Saturday. Council Member McGorray attended Founders'Day and rode in the parade with three generations from her family. MANAGER' S REPORT: SUMMARY OF CURRENT EVENTS PRESENTATIONS P 1: Presentation: Relating to 33rd Annual Founders' Day event held March 20, 2010 in Ora Mae Harn Park Regular Council Meeting -April 20, 2010 -Page 35 of 74 2 March 30, 2010 Council Meeting Minutes Presented by Tom Ellis, Parks & Recreation Director. Mr. Ellis showed slides from some of the exhibits and events, including the "Take Me Fishing" grant project that stocked about 700 catfish and blue gill in the swimming pool. Over 300 fish went home. Over 45 volunteers from area businesses worked all day at this event. He also reported that over 64 vendors participated this year -many sold out before the end of the event. He highlighted many of the events occurring in the park serving the estimated 3000 attendees. This year they sold a bracelet for $10 for amusements - 324 bracelets were sold. More than 500 bike helmets, booster seats and over 100 gun locks passed out to parents. Other partners did face painting, petting zoos and a car show, beauty exhibits and football and Little League competitions. He listed all of the sponsors, whom he thanked for their generous contributions. The budget was $7500, half of what is normally spent, and he expects to come in with the final tally at $7300. He further indicated that he wants to expand Founders' Day and plans to bring a proposal before Council' for consideration to move Founders' Day to October for 2011 which would give staff approximately 18 months to prepare for. P 2: Presentation: Relating to Finance; discussion and direction regarding proposed adjustments to the Town of Marana's comprehensive fee schedule Presented by Erik Montague and Josh Wright. Mr. Montague noted that this is the first update in the annual process which began in December 2009. The focus is a cost of service approach which intends to see cost recovery. One important note is that there is no attempt to balance the town's budget with these charges for services. He noted that staff had worked with SAHBA and MPA. Council asked several questions and asked for clarifications regarding specific fees which Mr. Montague, Mr. Wright and Mr. Davidson responded to. Some fees needed to be eliminated and some needed to be increased. Motion to direct staff to prepare an ordinance for adoption of the proposed adjustments to the comprehensive fee schedule for consideration by the Mayor and Council at a future regular meeting nznved by Council MemberMcGorray, second by Council Member Ziegler. Motion carried unanimously. P 3:~, Presentation: Relating to Budget: Final revenue projections for fiscal year 2010- 2011 Presented by Erik Montague general revenue projects, noting that he was before Council in early February. The purpose of tonight's meeting is to revisit those numbers. The focus is on the general=fund although there are other revenue sources and important funds to the town. He discussed current year variances and then gave an overview of what he calls the "big three" revenues -transaction privilege taxes (TPT), state shared revenues, and licenses, fees & permits. He then presented a 2010-11 revenue summary showing about a three percent decrease in projected revenues of -10.4% versus 2009-10 of -7.2%. He also noted that projected revenue is subject to change as a result of changes to fee structures and service levels during the 2011 process. He noted that possible impacts on projections could come from fee changes, service level changes and state shared revenues. CONSENT AGENDA Regular Council Meeting - Apri120, 2010 -Page 36 of 74 3 March 30, 2010 Council Meeting Minutes Motion to approve moved by Council Member Comerford, second by Council Member McGorray to approve the Consent Agenda. Item C3 requires a roll call vote due to the emergency clause. Town Clerk Bronson called roll. All Council Members voted in favor of passing the Consent Agenda. C 1: Resolution No. 2010-31: Relating to Utilities; approving and authorizing the Mayor to execute aone-year extension of the intergovernmental agreement between the Town of Marana and Pima County for provision of water consumption data and sewer user account billing services C 2: Resolution No. 2010-32: Relating to Technology Services; approving and authorizing the Finance Director to execute a Professional and Technical Services Agreement with TransWorld Network, Corp. for the purpose of providing WAN/Networking services to the Town; and declaring an emergency LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES B 1: Presentation: Relating to Boards, Commissions and Committees; discussion and direction regarding proposed ordinances regulating 1) pawn shops, secondhand dealers and scrap metal dealers and 2) massage establishments Presented by Mike Lektorich, chairman of the Police Citizen Advisory Commission. Mr. Lektorich also introduced the members of the commission present including Gary Nicholl, Jim Shaw, and Stephanie Ashcraft. Mr. Lektorich asked Council to consider directing staff to prepare two ordinances -one relating to pawn shops, secondhand dealers and scrap metal dealers. Although at the present time there are no pawn shops or scrap metal dealers, Mr. Lektorich stated that his commission believes it is in the best interests of the town to put something in place now before there is a problem if that activity is anticipated. He also asked Council to consider a per transaction fee on the pawnshop dealers to alleviate some of the costs to the police department costs. Many other cities do have a fee and a requirement by law to report to the police. Phoenix charges a $3 fee; Flagstaff $2 and Peoria charges $3. He further noted that although these are legitimate businesses, the police department has solved several burglaries recently by checking through the pawn shops. It's not the businesses that are doing it, it's that the criminals are using the business as a conduit. Currently, there are two secondhand shops in Marana -Game Stop and Bookmans. For those establishments, Council is being asked to require age limits and identification on an individual who is selling or trading any items there. The second ordinance would deal with massage parlors. There are several in town, and it's reasonable to assume that those businesses will grow as the town grows. The therapists are licensed by the state, and many are legitimate, but the police department has received reports that there may be illegal activity going on there as well. The commission believes that a strong ordinance would provide procedures for the police department to properly enforce the requirements on those establishments. He then asked for questions. Council Member McGorray asked if the Cotton Blossom Thrift Store would fall under the category of a secondhand store. It was noted that it only applies to businesses that take in money or trade items. Mayor Honea asked the police commission members to stand and be recognized. He noted that many members of the community give of their time, and the Council appreciates what Re ular Counciv ~ g Y eefing -April 20, 2010 -Page 37 of 74 4 March 30, 2010 Council Meeting Minutes Motion to direct staff to draft an ordinance regulating pawn shops, secondhand dealers and scrap metal dealers and an ordinance regulating massage establishments and to bring those ordinances back to Council at a later date for possible Council action moved by Council Member Clanagan to direct staff to draft an ordinance regulating pawn shops, secondhand dealers and scrap metal dealers and an ordinance regulating massage establishments and to bring those ordinances back to Council at a later date for possible Council action, second by Vice Mayor Kia. Motion carried unanimously. COUNCIL ACTION ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Legislative/Intergovernmental Report: Discussion/Direction/Action regarding all pending state and federal legislation and report on recent meetings~of,other legislative bodies Presented by Steve Huffman. Cuts have been headed off in state shared revenues. One of the down sides of the budget that was passed was that the Legislature permanently eliminated the LTAP I and II programs, transit and transportation programs for local governments. While the Legislature may not reinstate the funding, they re talking about passing cleanup language during this session to at least reinstate the programs so that when revenues do start coming in again, the programs won't be completely wiped out. In regard to prime contracting and TPT collections, there was a bill introduced by Rep. Murphy, chair of the Ways and Means Committee, .where he contemplated completely restructuring the prime contracting sales tax by turning it into a use tax which would wipe out that source of revenue for the state and cities and towns. Mr. Huffman participated in a meeting with Chairman Murphy and several other cities and`towns to go through the impacts of this. The bill is about 90% dead. Chairman Murphy did completely take cities and towns out of his legislation. it passed out of the House today without the provisions impacting cities and towns, although it's still calculated to be a half billion dollar impact on the state general fund, which actually creates problems for us downthe road. We've already begun discussions with the Governor's office and with the Senate. He feels that this bill wcsir't~see the light of day. So far, there's been some success on eliminating bills that could have significant negative impacts on the town of Marana as well as other cities and~towns in the state. There are still significant bills going through the Legislature that could have impacts on the town. First, there are two bills that are moving toward the Senate dealing with impact fees. One bill would propose creating a new proportional system for calculating maximum impact fees -hopefully we'll be able to kill that. The second would establish time limits under which once you start collecting impact fees, you have to spend them or return them to the folks that paid them. In a normal boom economy that might work, but in the current environment, it could be several years before a town could accumulate the funds necessary to build the infrastructure to move those projects forward. There are four bills that attempt to change different aspects of the use of eminent domain. One other issue that came up today is an illegal immigration bill that creates problems for law enforcement and creates a private right of action that any citizen could take against a municipality that could generate thousands of dollars in fines and penalties. This current session of the Legislature could be finished around the beginning of May, so there's quite a bit of work left to do to keep on top of these issues. Regular Council Meeting -April 20, 2010 -Page 38 of 74 Mazch 30, 2010 Council Meeting Minutes EXECUTIVE SESSIONS E 1: Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda FUTURE AGENDA ITEMS ADJOURNMENT Motion to adjourn moved by Council Member McGorray, second by Council Member Clanagan. Motion carried unanimously. The meeting was adjourned at 7:27 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on March 30, 2010. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk Regular Council Meeting -April 20, 2010 -Page 39 of 74 6 March 30, 2010 Council Meeting Minutes REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, April 6, 2010, at or after 7:00 PM Ed Honea, Mayor Herb Kai, Vice Mayor Russell Clanagan, Council Member Patti Comerford, Council Member Carol McGorray, Council Member Jon Post, Council Member Roxanne Ziegler, Council Member REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL Mayor Honea called the meeting to order at.7:01 p.m. Town Clerk Bronson called the roll. All Council Members were present except Vice Mayor Kai, who was excused. PLEDGE OF ALLEGIANCE/iNVOCATION/MOMENT OF SILENCE Mayor Honea led the pledge of allegiance and asked for a moment of silence. APPROVAL OF AGENDA Motion to approve moved by Council Member Comerford, second by Council Member McGorray. Motion caf•ried unanimously 6-0. CALL TO THE PUBLIC There were no speaker cards presented. PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Mayor Honea reported that he and Council Member McGorray had attended funeral services for Alice Eckstrom, a prominent community activist in South Tucson and wife of former County Supervisor Dan Eckstrom. MANAGER' S REPORT: SUMMARY OF CURRENT EVENTS Gilbert Davidson reported on the upcoming budget open houses regarding the upcoming budget impacts at 6:30 p.m. on April 7 at the municipal complex and April 8 at Rattlesnake Ridge School. He also reported that the town received a Diamond Level Partnered Project For the Year for the Silverbell Road Sanitary Sewer Interceptor Project. Granite Construction was a co-recipient with the town. This project also won a Common Regular Co~AU~i~vi ~cP, tic ~~tep~et~aitan Pima Alliance and also the Marvin M. Black award. Apri16, 2010 Council Meeting Minutes It's a great tribute to the town and the employees of the capital improvement program team. PRESENTATIONS CONSENT AGENDA Motion to approve moved by Council Member Comerford, second by Council Member Post. Motion carried unanimously. C 1: Resolution No. 2010-33: Relating to Community Development; authorizing the Town Manager to apply for funding from the Water Infrastructure Finance Authority of Arizona to fund planning and design for water distribution line replacement in the Marana Estates neighborhood C 2: Resolution No. 2010-34: Relating to Town Facilities; authorizing the town manager or the town manager's designee to take all acti6ns on behalf of the town that are necessary or prudent to facilitate the provision of public utilities to lands, structures, or facilities owned by the Town of Marana, including without limitation the execution of an electrical right-of--way easement across the Dove Mountain trailhead parking lotd C 3: Minutes of the March 9, 2010 special council meeting and March 16, 2010 regular council meeting LIQUOR LICENSES L 1: Relating to Liquor Licenses; recommendation to the state liquor board regarding the special event liquor license application submitted by the Muscular Dystrophy Association of Southern Arizona on behalf of Harley-Davidson of Tucson, 7355 N. I-10 East Bound Frontage Road for a charitable fundraiser Jocelyn Bronson reported that staff had reviewed'the application and recommended Council approval. - Motion to approve moved by Council Member Post, second by Council Member McGorray. Motion carried unanimously 6-0. BOARDS, COMMISSIONS AND COMMITTEES COUNCIL, ACTION A 1: PUBLIC HEARING: Relating to Annexation; public hearing to discuss and consider an application by the property owners to annex approximately 1,200 acres of land located predominantly north of Avra Valley Road, approximately one-mile east of Trico Road and southwest of Silverbell Road Kevin Kish presented this item to Council. This was brought before Council as an informational item several months ago. He discussed the translated RD-180 zoning of this property if it were to go forward, the road and bridge that the town would pick up for maintenance. An analysis of the bridge structure will come to Council before bringing this forward for adoption. Mr. Kish also noted that this property is within the planning area. This is the public hearing tonight, and there is a rezoning - a specific plan going through the system -that's running through the system, through commission, for a Regular CouncTlG1`eetir~g -~~r4~ zU1~f ~g~ ~~t~ 74the northern portion. Tonight is to look at the 2 Apri16, 2010 Council Meeting Minutes annexation to see if the Council is ready to bring the property into the town so that the rezoning can move forward. The blank petition was filed with the County on March 16. Council Member McGorray asked Mr. Kish is there was a development agreement coming along with this before it went to P & Z. Mr. Kish responded that on the proposed rezoning, staff is in discussion with applicants on a development agreement for the landfill, so there is one being developed. Discussions are with the applicants of the rezoning area and the town attorney and management staff. Mayor Honea then announced that there is no vote -this is just a public hearing tonight. There is athree-minute limit for each speaker. The following individuals spoke against the proposed annexation as it relates to a use for a landfill. The comments were in opposition to the landfill proposed for the annexed property and ranged from traffic and road safety necessary move trash along Avra Valley Road to the proposed landfill site, to groundwater contamination, and reduction in property values. Richard Swartz, Jens T. Hill, Bob Spencer, Annie Shellberg, Steve Storzer, Janice Mitich, Kris James, Pam Puppelius, Robin Meissner, Elaine Ramirez, Charles Goddard, Jr., Janay Young and Melissa Rohlik. Pat McElroy submitted a speaker card, stating his opposition to the intended landfill, but chose not to speak. Handouts, including a list of homeowners opposed to the landfill, and photos of a potentially affected area were given to the Town Clerk for the record. Mayor Honea closed the public hearing. ITEMS FOR DISCUSSION/POSSIBLE ACTION D l: Legislative/Intergovernmental Report: Discussion/Direction/Action regarding all pending state and federal legislation and report on recent meetings of other legislative bodies Steve Huffman gave a brief report, noting that the Legislature is continuing to process bills. There is a bill that was killed twice and are fighting for a third time -something that can be expected during the next two or three weeks. For now, the budget is settled for this legislative session pending something unexpected. Council Member McGorray asked a question regarding HB ?596, free exercise of religion. Her question was how siting a church in an entertainment district will restrict liquor licenses in that area. Mr. Kish reported that this legislation is really coming out of Yuma, where they do have an entertainment district. This could potentially affect Marana when we do build a main street. EXECUTIVE SESSIONS E 1: Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda E 2: Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), 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 (1) the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008-001131, (2) pending legal issues, settlement discussions and contract negotiations relating to the transition of Marana wastewater collection and treatment to the Town of Marana Regular Council Meeting -April 20, 2010 -Page 42 of 74 Apri16, 2010 Council Meeting Minutes E 3: 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 possible acquisition of certain water infrastructure and accounts and water rights and/or resources FUTURE AGENDA ITEMS ADJOURNMENT Motion to adjourn moved by Council Member Post, second by Council Member Comerford. Motion carried unanimously 6-0. The meeting was adjourned at 7:53 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on Apri16, 2010. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk Regular Council Meeting -April 20, 2010 -Page 43 of 74 4 Apri16, 2010 Council Meeting Minutes 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, Apri120, 2010, 7:00:00 PM To: Mayor and Council Item L 1 From: Jocelyn C. Bronson ,Town Clerk Strategic Plan Focus Area: Community Building Subject: Relating to Liquor Licenses; recommendation to the state liquor board regarding the special event liquor license application submitted by the St. Christopher Catholic Church, 12101 W. Moore Road for a fundraiser Discussion: This application is for a special event liquor license submitted by the St. Christopher Catholic Church, 12101 W. Moore .Road for a fundraiser. The applicant for this special event liquor license has submitted a special event permit application as well. A special event liquor license is a temporary, non-transferable, on-sale retail privileges liquor license that allows a charitable, civic, fraternal, political or religious organization to sell and serve spirituous liquor for consumption only on the premises where the spirituous liquor is sold and only for the period authorized on the license. Qualifying organizations will be granted a special event license for no more than l0 days in a calendar year. Events must be held on consecutive days and at the same location or additional licenses will be required. The license is automatically terminated upon closing of the last day of the event or the expiration of the license, whichever occurs first. The qualified organization must receive at least 25 percent of the gross revenues of the special events. Six applications are being submitted to cover each of the time periods requested which are chronological but not consecutive. Pursuant to state law, a person desiring a special event liquor license must request a special event application from the Department of Liquor Licenses and Control (DLLC). The applicant then must file the application with the town for events occurring within the town's limits. The town may then recommend approval or disapproval of the special event liquor license. If the special event liquor license application is approved by the Town Council, and the event meet the requirements for granting the license, the director of the DLLC will issue the special event liquor license to the qualifying organization. If the application is disapproved by the Town Council, the DLLC will normally not consider the application. Attached is the application for the special event to held on May 8th. ATTACHMENTS: Regular Council Meeting -April 20, 2010 -Page 44 of 74 Name: Description: Type: D SE_Lquor St, C..hnstop...he.r s.pdf Special Evant Liquor License Application Backup Material Staff Recommendation: Staff recommends approval of this special event liquor license application. Suggested Motion: OPTION 1: I move to approve the special event liquor license application submitted by the St. Christopher Catholic Church, 12101 W. Moore Road for a fundraiser. OPTION 2: I move to disapprove the special event liquor license application submitted by the St.Christopher Catholic Church, 12101 W. Moore Road for a fundraiser. Regular Council Meeting -April 20, 2010 -Page 45 of 74 State of Arizona Department of liquor `Licenses and Control 800 Il1l. °Washington; 5tii Fioor Phoenix; AZ $5007 vuww aziiquorgaV ;:(602)542-5141 APPLICATION 1=0R SPECIAL EVENT LICENSE Fee =<$25.00 per'day for.1 10-'day events only .:. A service fee of $25:00 wi!! be charged for all dishongred checks (A R.S.§446852) ,. ,. NOTE: THlS DOGUME,NT MUST BE FULLY COMPLETED OR IT-WILL BE RETURNED. PLEASE ALLOW 10`BUSINESS.QAYSFOR APPROVAL *•Application must be approved by local government before submission to Department of Liquor Licenses and Control jSection #20) 1. Name of Organization: ~! ~'~ 1`S 7-d r~f1~yZ ` e~/}~ L'-' ~~l~~t~~_ -r __ 2. Non-Profit/LR.S. Tax Exempt Number: SAD 9~1f.~I /~ :. 3. The organization is a: (check one box only),, p Charitable p Fraternal (must have regular membership and in existence for over 5 years) ^ Civic ^ Political Party, Ballot Measure, or Campaign Committee ~ Religious 4. What is the purpose of this event? ~uu D ~A-i S ~ (Pir~k 5. Location of the event: / ~ /D I ~,J. ~ no2C f. D. 1'`7A~~/A- ~,Z. ~5 ~S3 ,. Address of physical location (Not P.Q. Box) City County ~p Applicant must be a member of thg guaiifying omanization and authorized by an Officer. Director or Chairperson of the Organization named in Question #7. fSianature required in section #781 6. Applicant: ~~r/. ! /t-~ ~ O ~I-t42Anl Last First Middle Bate of Birth 7. Applicant's Mailing Address: l~ !O! W. (~IDOiQC ~. /'~q~@iI,~1A /~Z. ~S6S3 Street City State Zip 8. Phone Numbers: ($'~) (,g2° 343.E E ) _ {_ ) Site Owner # Applicant's Business # Appiicant's Home # 9. Date(s) & Hours of Event: (Remember. you cannot sell atcohd before 10:D0 a.m. on Sunday) Date Day of Week Hours from A.M.~ To~P.M. Day 1: ~ _ 5~4'ru,~~~t T ~~~ /: ~ Day 2: Day 3: Day 4: Day 5: Day 6: Day 7: Day 8: Day 9: Regul~lt't°tiUn~il`I~Aeeting -April 20, 2010 -Page 46 of 74 Lic oio6 os~zoo9 *Disabled individuals requiring special accommodations, please calf (602) 542-9027 10. Has the applicant been convicted of a felony in the past five years, or had a liquor license revoked? ^ YES f ~, NO (attach explanation if yes) 11. This organization has been issued a special event license for l days this year, including this evertlt (not to exceed 10 days per year). 12. Is the organization using the services of a promoter or other person to manage the event"? ^ YES ~ NO !f yes, attach a copy of the agreement. 13. List all people and organiza#ions who will receive the proceeds. Account for 100% of the proceeds. THE ORGANIZATION APPLYING MUST RECEIVE 25°/a OF THE GROSS REVENUES OF THE SPECIAL EVENT LIQUOR SALES. Name Percentage Address Name Percentage Address- (Attach additional sheet if necessary) 14. Knowledge of Arizona State Liquor Laws Title 4 is important to prevent liquor law violations. If you have any questions regarding the law or this application, please contact the Arizona State Departrnerrt of Liquor Licenses and Control for assistance. NOTE: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NONALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT PREMISES:' 15. What security and control measures will you take to prevent violations of state liquor laws at this event? (List type and number of security/police personnel and type of fencing or control barriers if applicable) # Police ~ Fencing ~# Security personnel ®Barriers 16. Is there an existing liquor license at the location where the special event is being held? ^ YES ~ NO If yes, does the existing business agree to suspend their liquor license during the time period, and in the area in which the special event license will be in use? ^ YES ^ NO (ATTACH COPY OF AGREEMENT] ( } Name of Business Phone Number 17. Your licensed premises is that area in which you are authorized to sell, dispense, or serve spirituous liquors under the provisions of your license. The following page is to be used to prepare a diagram of your special event licensed premises. Please show dimensions, serving areas, fenang, barricades or other control measures and security positions. Regular Council Meeting -April 20, 2010 -Page 47 of 74 SPECIAL EVENT LICENSED PREMISES DIAGRAM (This diagram must be completed with this applica#ion) Special Event Diagram: {Show dimensions, serving areas, and label type of enclosure and security positions} NOTE: Show nearest cross streets, highway, or road if location doesn't have an address. W NirA~ sr y L~~c oF,~cct's 8 '~AiP FE-.-~E 1 ..- - - - - STA~~ ! ~ 1 ~~~ ~ z ~ k r `• e ,-~ F ~ ~ ~A~Rkr~~ 1„DT ~ E ~ C Nt{ N ~ U U Q U u F ~ ~ n ~ U ~ A d ~ Orly ,~° F. ~ pcRMAa~r~C ~ pn r~ o . ~ENeE ~R ~ I~-cit 5 ~5€ THIS SECTION TO BE COMPLETED ONLY BY AN OFFICER DIRECTOR OR CHAIRPERSON OF THE ORGANIZATION NAMED IN QUESTION #7 1$. I t~ ~ i/ • fl"8 kA~tiJ R • 'r ~h~ ~ ~ declare that I am an OfticedDirectorlChaimerson appointing the (Print full name} appl' t'ist Qu~ ' n 6, on behalf of the fioregoing organ¢atiart fo a S ecial Event Liquor License. X e~^ ~~ .^ Si~ .P ~~`~ (~ao ) 68Z-3035 (Sig afore osition) (Date) (Phone #) Notary PulKic state of Arizona ~ m at Pinat County e of Zr~J/Y County of _... June M Kaiser The foregoing instrument was acknowledged before me this MY Commtssron Expxes ~ i f~] ~ 1 L v Da o Year My Commission expires on: .~ ate (Sign of NOT Y PUBLIC) THIS SECTION TO BE COMPLETED ONLY BY THE APPLICANT NAMED IN UESTION #6 19. 1, Rr-~/. A~4R A~ ~ - ~~ ~ deGare that I am the APPLICANT filing this appl'~cation as (Print full name) !is n u fon have read the application and the contents and all statements ar+e true, correct and complete. ~---- State o~,~ ! ~~c- County of / m ~ ,,,,~ _ _ The foregoing instrumer~ was adcnrnMedged before me this •nrarary ~uauc State ofArizorra Pinal County ' June M Kaiser 5 My Commission Exgres '? n Bfy+OA~l76itmc nn• ~^Pl Year You must obtain local government approval. City ar County MUST recommend event and complete item #20. The local goveming bodv may require additional applications to be completed and submitted 60 davs in advance of the event. Additional licensing fees may also be required before approval may be granted. LOCAL GOVERNING BODY APPROVAL SECTION 20. I, (Government Official) on behalf of (City, Town or County) {7"ttle) hereby recommend this special event application (Signature of OFFICIAL) (Date) Department Comment Section: FOR DLLC DEPARTMENT USE ONLY (Bmployee) (Date) APPR DISAPPR Regular Council Meeting -April 20, 2010 -Page 49 of 74 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, Apri120, 2010, 7:00:00 PM To: Mayor and Council Item A 1 From: Kevin Kish ,Development Services General Manager Strategic Plan Focus Area: Commerce, Community Building Subject: Resolution No. 2010-39: Relating to Development; approving and authorizing the Mayor to execute a development agreement with Legacy Apartments at Dove Mountain, L.L.C., providing for deferral of park development impact fees Discussion: The developers for the 168-unit apartment complex are requesting to defer the payments of the required Parks development impact fee until the residential units have their certificate of occupancy. Under Arizona State Statues this is allowable, provided that the deferred fees are supported by appropriate security, including a surety bond, letter of credit or cash bond. The developer will secure all building permits in May and anticipates beginning construction of the apartment complex in June. All the required permit fees will be collected with the issuance of building permits. If this agreement is approved then only the deferred Parks impact fees would be collected at the time of certificate of occupancy with each residential structure. The Parks impact fees deferred under this agreement total $300,000. Financial Impact: The Town does not anticipate incurring any additional costs in conjunction with this proposed agreement. ATTACHMENTS: Name: Description: Type: ~ Reso_approvng Legacy Apartments DA Reso Approving Legacy Apartments DA Resckution (000..20528.jDOC ^ 3 11 10 Legacy Apts Agreement.doc Exh R to Resa: Legacy Apartments C1A Exhibit Staff Recommendation: Town staff is satisfied with the form and substance of the proposed agreement, and therefore recommends approval. Regular Council Meeting -April 20, 2010 -Page 50 of 74 Suggested Motion: I move to adopt Resolution No. 2010-39, approving and authorizing the Mayor to execute the proposed Legacy Apartments Deferral of Park Impact Fees Development Agreement. Regular Council Meeting -April 20, 2010 -Page 51 of 74 MARANA RESOLUTION N0.2010-39 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A DEVELOPMENT AGREEMENT WITH LEGACY APARTMENTS AT DOVE MOUNTAIN, L.L.C., PROVIDING FOR DEFERRAL OF PARK DEVELOPMENT IMPACT FEES WHEREAS LEGACY APARTMENTS AT DovE MouNTanv, L.L.C. ("Legacy") is the developer of the Legacy Apartments at Dove Mountain, a 168-unit apartment complex; and WHEREAS Legacy will owe park development impact fees to the Town for the development of Legacy Apartments, which would ordinarily be due and payable at time of permit issuance; and WHEREAS A.R.S. § 9-463.05(B)(3) authorizes development impact fees associated with the construction of residential dwelling units to be deferred as specified in a development agreement executed pursuant to A.R.S. § 9-500.05, so long as the deferred fees shall be paid no later than 15 days after the issuance of a certificate of occupancy and so long as the value of the fees is supported by appropriate security; and WHEREAS the proposed Legacy Apartments Development Agreement satisfies all of the requirements for deferral of development impact fees; and WHEREAS the Mayor and Council find the terms and conditions of the Legacy Apartments Development 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 "Development Agreement between the Town of Marana and Legacy Apartments at Dove Mountain, L.L.C., providing for Deferral of Park Development Impact Fees" attached to and incorporated by this reference in this resolution as Exhibit A and referred to elsewhere in this resolution as the "Legacy Apartments Development Agreement" is hereby approved, and the Mayor is hereby authorized and directed to execute it for and on behalf of the Town of Marana. SECTION 2. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this resolution. Regulq~~i~oAp~rjilag92010 -Page 52 of 74 _ I - {00020528.DOC /} PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 20~' day of April, 2010. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regulq~~i~~c,~~rjilag92010 -Page 53 of 74 _ 2 _ {00020528.DOC /} DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF MARANA AND LEGACY APARTMENTS AT DOVE MOUNTAIN, L.L.C., PROVIDING FOR DEFERRAL OF PARK DEVELOPMENT IMPACT FEES THIS DEVELOPMENT AGREEMENT ("Agreement") made and entered into this day of , 2010, by and between the Town of Marana, an Arizona Municipal Corporation (the "Town"), and Legacy Apartments at Dove Mountain, L.L.C. an Arizona limited liability company, (hereinafter referred to as "Legacy"). RECITALS The following recitals are incorporated by reference into and constitute an integral part of this Agreement. A. WHEREAS, Legacy is the developer of the Legacy Apartments at Dove Mountain, located in Marana, AZ, as more fully described in a Development Plan approved by the Town of Marana on August 20, 2009, DPR-09026, whereupon Legacy intends to develop and construct a 168-unit apartment complex. B. WHEREAS, Legacy owes park development impact fees to the Town of Marana for the development of the Apartments, such fees ordinarily due and payable at time of permit issuance for the future development of such park improvements. C. WHEREAS, it is the interest of the Town of Marana to support the economic development of residential apartment dwelling units in Dove Mountain, jurisdiction within the Town of Marana. D. WHEREAS, this Agreement is entered into by authority of A.R.S. § 9-500.5, the Town finding that the consideration and commitments herein from and to Legacy and the Town are justified based on other consideration provided hereby, including without limitation the economic benefits to the community resulting from this Agreement. E. WHEREAS, A.R.S. § 9-463.05(B)(3) provides that park development impact fees associated with the construction of residential dwelling units may be deferred as specified in a development agreement executed pursuant to A.R.S. § 9-500.05, so long as the deferred fees shall be paid no later than fifteen (15) days after the issuance of a certificate of occupancy and so long as the value of the fees is supported by appropriate security. NOW, THEREFORE, in consideration of the promises and mutual obligations contained herein, the Town and Legacy agree to proceed under the following terms and conditions: 1. LEGACY OBLIGATIONS Regular Council Meeting -April 20, 2010 -Page 54 of 74 DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF MARANA AND LEGACY APARTMENTS AT DOVE MOUNTAIN, L.L.C. Page - 2 1.1 Payment Amount and Dates. On or before the date that Legacy secures, and the Town issues permits for the construction of the 168-unit Legacy Apartments at Dove Mountain complex, Legacy shall pay Thirty Two Thousand Dollars ($32,000.00) toward park impact fees owed, and is hereby granted authority to defer payment of remaining park development impact fees in the amount of Three Hundred Thousand Dollars ($300,000.00), as further described in Sections 1.3 and 2.1, below: 1.2 Security. Payment of development impact fees that shall be deferred as provided in Sections 1.3 and 2.1 of this Agreement shall be supported by appropriate security, including a surety bond, letter of credit or cash bond, pursuant to A.R.S. § 9-463.05(B)(3). Acceptable security shall be provided to the Town of Marana ten (10) days prior to issuance of the Building Permits. 1.3 Payment of Deferred Development Impact Fees. Legacy shall pay in full any and all park development impact fees for the development that are deferred pursuant to Section 2.1, below, and as more fully described in Exhibit "A", attached hereto, on or within 15 days of the issuance of a "Certificate of Completion" or "Certificate of Occupancy" for each respective twelve and sixteen unit buildings completed. The initial payment of $32,000.00 shall be applied and credited toward the amount owed for the initial twelve and sixteen unit buildings completed. 1.4 Legacy shall be responsible for payment of any filing fees associated with the recording of this document with the Pima County Recorder. 1.5 Legacy shall pay permit fees associated with construction, electrical, mechanical, and plumbing inspections prior to issuance of the project's permits in the amounts that are set forth in Exhibit A. 2. OBLIGATIONS OF THE TOWN 2.1 The Town agrees to defer collection of Legacy's park development impact fees, for development within the Property, as set forth in Section 1.3, above, subject to Legacy's satisfaction of all of the terms and conditions set forth in Sections 1.1 through 1.5, above. The development impact fees eligible for deferral under this Agreement are the Town's park development impact fees. Legacy is not subject to or required to pay the Marana Northeast Transportation Impact Fees. Regular Council Meeting -April 20, 2010 -Page 55 of 74 DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF MARANA AND LEGACY APARTMENTS AT DOVE MOUNTAIN, L.L.C. Page - 3 3. DEFAULT 3.1 A party shall be in default under this Agreement if it fails to perform, in material respect, any covenants made by it or obligations assumed by it under this Agreement, which failure adversely affects the other party's interest under this Agreement, and in such an event, each party shall be entitled to all available legal and equitable remedies, including, but not limited to, the right of specific performance, including all costs of enforcement of this Agreement, with reasonable attorneys' fees paid to the prevailing party. 4. MISCELLANEOUS PROVISIONS 4.1 This Agreement constitutes the entire agreement and understanding of the parties hereto and supersedes all offers, negotiations, and other agreements of any kind. This Agreement may be amended only in writing and signed by both parties. This Agreement and all the covenants, terms and provisions contained herein shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 4.2 This Agreement is and shall constitute a contract under and is to be construed in accordance with the laws of the State of Arizona. 4.3 This Agreement may be executed in one or more counterparts, each of which shall have the force and effect of an original, and all of which shall constitute but one document. 4.4 All notices required to be given under this Agreement shall be deemed given upon the earlier of actual receipt or two (2) days after being mailed by registered or certified mail, return receipts requested, addressed as follows: If to Town: With a copy to: Gilbert Davidson Town Manager Town of Marana 11555 West Civic Center Drive Marana, AZ 85653 Frank Cassidy Town Attorney Town of Marana 11555 West Civic Center Drive Marana, AZ 85653 Regular Council Meeting -April 20, 2010 -Page 56 of 74 DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF MARANA AND LEGACY APARTMENTS AT DOVE MOUNTAIN, L.L.C. Page - 4 If to Legacy: Scott F. Lundberg Manager of Legacy Apartments at Dove Mountain, L.L.C. 500 John Street Seattle, WA 98109-5013 4.5 Time is of the essence and a material provision of this Agreement. Regular Council Meeting -April 20, 2010 -Page 57 of 74 DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF MARANA AND LEGACY APARTMENTS AT DOVE MOUNTAIN, L.L.C. Page - 5 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. TOWN OF MARANA An Arizona Municipal Corporation By: Mayor Ed Honea ATTEST: By Jocelyn C. Bronson, Town Clerk Dated: APPROVED AS TO FORM: By Frank Cassidy, City Attorney Dated: Regular Council Meeting -April 20, 2010 -Page 58 of 74 DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF MARANA AND LEGACY APARTMENTS AT DOVE MOUNTAIN, L.L.C. Page - 6 STATE OF WASHINGTON SS County of ) LEGACY APARTMENTS AT DOVE MOUNTAIN, L.L.C., by its Managers By: Scott F. Lundberg By: John Graham By: Brian J. Peschel Dated: The foregoing instrument was acknowledged before me on by , manager of Legacy Apartments at Dove Mountain, L.L.C., an Arizona limited liability company, on behalf of the LLC. My commission expires: Notary Public Regular Council Meeting -April 20, 2010 -Page 59 of 74 DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF MARANA AND LEGACY APARTMENTS AT DOVE MOUNTAIN, L.L.C. Page - 7 MARANA `^ ~/1\ Legacy Apartment Permit Fees fees ay umt Description 16•Unit Livable Construction Fee $7,225.70 Electrical Fee $1,806.43 Mechanical Fee $1,806.43 Plumbing Fee $1,806.43 Park Impact Fee $31,188.00 12-Unit Livable Construction Fee $6,086.90 Electrical Fee $1,521.73 Mechanical Fee $1,521.73 Plumbing Fee $1,521.73 Park Impact Fee $24,146.00 Total Each 12•Unit: $34,798.09 Recreation/Office Construction Fee $2,981.75 Electrical Fee $745.44 Mechanical Fee $745.44 Plumbing Fee $745.44 16-Car Garage Construction Fee $1,514.55 Electrical Fee $378.64 Mechanical Fee $378.64 Plumbing Fee $378.64 ------_-------Total 16_Car Gara$e~__~________________ __ $2:650.47 6-Car Garage Construction Fee $685.75 Electrical Fee $171.44 Mechanical Fee $171.44 Plumbing Fee $177.44 Total B-Car Gara~e_______-_- _-___ _ $1_200 07 4-Car Garage Construction Fee $532.40 Electrical Fee $133.10 Mechanical Fee $133.10 Plumbing Fee $133.10 ---------------- -Total 4_Car Garage:-------------~--_- ---- $931.70 EXH161T A Regular Council Meeting -April 20, 2010 -Page 60 of 74 DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF MARANA AND LEGACY APARTMENTS AT DOVE MOUNTAIN, L.L.C. Page - 8 MARANA :^^::/I\ Legacy Apartment Permit Fees Total Permit Fees o-oao Fire code Minus Plan Check Fees ------------------------------ Total Fees Still DuE EXHIBIT A Regular Council Meeting -April 20, 2010 -Page 61 of 74 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, Apri120, 2010, 7:00:00 PM To: Mayor and Council Item D 1 From: Steve Huffman ,Intergovernmental Affairs Administrator Strategic Plan Focus Area: Not Applicable Subject: Legislative/Intergovernmental Report: Discussion/Direction/Action regarding all pending state and federal legislation and report on recent. meetings of other legislative bodies Discussion: This item is scheduled for each regular council meeting in order to provide an opportunity for discussion of any legislative or regional intergovernmental item that might arise. Periodically, an oral report may be given to supplement the Legislative Bulletins. ATTACHMENTS: \Tatne: Description: Type: ^ 2010_Legislatve Bulletin_..# 13.pdf Legislative Bulletin # 13 Backup Material ^ .2..01.0_Legslative._.B..ulletn_# 14.pdf legislative Bulletin # 14 Backup Material Staff Recommendation: Upon the request of Council, staff will be pleased to provide recommendations on specific legislative/intergovernmental issues. Suggested Motion: Mayor and Council's pleasure. Regular Council Meeting -April 20, 2010 -Page 62 of 74 Page 1 of 6 Le~l~~t~~e Bufletin- ISSUE 13 -APRIL 2, 2010 Special Session: Eight On Friday, March 26, 2010, Governor Brewer called for an Eighth Special Session to occur concurrently with the 44th Second Regular Session. The purpose of the Call was to authorize Governor Brewer to represent Arizona in federal court to challenge the passage of healthcare reform legislation passed by Congress. Leadership believes the federal government has assigned an unfunded mandate to Arizona, which infringes upon state sovereignty guaranteed under the 10th Amendment of the United States Constitution. In response to the Call, the Legislature convened in Special Session, approving Senate Bill 1001 healthcare; choice; litigation; authorization and Senate Concurrent Memorial 1001 healthcare reform this week. Effective March 23, 2010, SB1001 authorized the Governor, the Speaker and the President to direct counsel to initiate a lawsuit, while SCM1001 urges Congress to pay for costs associated with the Patient Protection and Affordable Health Care Act and the Health Care and Education Reconciliation Act of 2010 (Acts). The Special Session adjourned sine die on April 1st. Annual Conference: Resolutions Each year the League of Arizona Cities and Towns hosts its annual conference to provide a forum for networking and discussion that promotes regional cooperation among cities and towns statewide. This year's conference will be held at the Renaissance Hotel in the City of Glendale from August 24-27, 2010. The highlights of the conference include the Parade of Flags, the Festival of Cities and Towns, the Governor's Luncheon, and the Annual Business Meeting. One of the most important events occurring during the conference is the meeting of the Resolutions Committee; a policy body that develops the League's legislative priorities for next year by debating and voting on policy resolutions submitted by its membership. The following are key deadlines regarding this year's resolutions process: • May 3, 2010 - A request for resolutions will be mailed to each city and town • June 11, 2010 -Deadline at 5:OO p.m, to submit proposed resolutions to the League. (Resolutions must have a sponsor and at least one additional co-sponsor) • July 7, 2010 -Proposed resolutions will be reviewed by Subcommittee • July 12, 2010 -Resolution packets will be mailed to each city and town • August 24, 2010 -Proposed resolutions will be reviewed by Resolutions Committee at the Annual Conference • August 26, 2010 -Resolutions ratified at the Annual Business Meeting If you have any questions about the Resolutions process, please contact Stephanie Prybyl at sprybylC~azleague.org or Regular Council Meeting -April 20, 2010 -Page 63 of 74 Page 2 of 6 602-258-5786. Government Transparency House Bill 2282 political subdivisions; government transparency, sponsored by Representative Steve Montenegro (R-Litchfield Park), underwent some changes in the Senate Appropriations Committee this week. Some of the changes were not agreed to by stakeholders or Representative Montenegro and were quickly removed. As the bill moves forward, it requires cities and towns larger than 2,500 persons, counties, community colleges and universities to make budget and expenditure items available on their websites beginning in 2013. The state has a statutory requirement to have a similar database on-line by the end of 2010. The agency that wilt administer the state's database, the Department of Administration, has indicated that they may .not be able to fully comply with the mandate this year. Alt interested stakeholders, including Representative Montenegro, agreed this new notion of governmental transparency will be a work in progress as the state attempts to put their expenditure information on- line. The League is neutral on this concept and is grateful to Representative Montenegro for working with cities and towns and accommodating our concerns. City Tax Collection Prohibition. Bill Fails Twice House Bill 2512 municipal taxes,' auditors & collectors, sponsored by Representative Fick Murphy (R-(~endale), was introduced to prohibit cities and towns from using athird-party contractor for tax administration functions or contingency-based auditing. The League highlighted to legislators the benefits of having an alternative to the Department of Revenue's collection program or forcing each city to form a department for the collection and administration of sales taxes. We lobbied very hard against this bill because it would effectively prohibit cities from having the option to use third-party collectors. This past week the bill failed on Third Read in the House on Monday by a vote of 30-28-2, but a motion far reconsideration was made and another vote was taken on Wednesday. We are pleased to report that the bill failed again by a vote of 26-31-3. The League is especially grateful to Representative Nancy McLain (R-Bullhead City) for leading the charge against the bill on the House floor. Below is a listing of all the legislators who voted "No" on this bill. Please join us and extend your gratitude to them for standing by us during a very difficult vote: F~ward Ableser (District 17): Scottsdale, Tempe Jack A Brown (District 5): Clifton, Duncan, Eagar, Globe, Holbrook, Miami, Payson, Pima, Pinetop-Lakeside, Safford, St. Johns, Show Low, Snowflake, Springerville, Star Valley, Taylor, Thatcher, Winslow Olivia Cajero Bedford (District 27): Tucson Chad Campbell (District 14): Glendale, Phoenix Cloves C. Campbell, Jr. (District 16): Guadalupe, Phoenix Regular Council Meeting -April 20, 2010 -Page 64 of 74 Page 3 of 6 Tom Chabin (District 2): Flagstaff F~ch Crandall (District 19): Apache Junction, Mesa Christopher Deschene (District 2): Flagstaff Steve Farley (District 28): Tucson Patricia V. Fleming (District 25): Benson, Bisbee, Buckeye, Douglas, Gila Bend, Huachuca City, Marano, Nogales, Sierra Vista, Tombstone, Willcox Martha Garcia (District 13): Avondale, Glendale, Phoenix, Tolleson Doris Goodale (District 3): Bullhead City, Colorado City, Fredonia, Kingman, Lake Havasu City, Page, Parker, Quartzsite Matt Heinz (District 29): South Tucson, Tucson Russell L. Jones (District 24): Parker, San Luis, Somerton, Wellton, Yuma Bill K:onopnicki (District 5): Clifton, Duncan, Eagar, Globe, Holbrook, Miami, Payson, Pima, Pinetop-Lakeside, Safford, St. Johns, Show Low, Snowflake, Springerville, Star Valley, Taylor, Thatcher, Winslow David Lujan (District 15): Phoenix John McComish (District 20): Chandler, Phoenix, Tempe Barbara McGuire (District 23): Apache Junction, Avondale, Casa Grande, Coolidge, Eloy, Florence, Hayden, Kearny, Mammoth, Maricopa, Phoenix, Queen Creek, Superior, Winkelman Nancy McLain (District 3): Bullhead City, Colorado City, Fredonia, Kingman, Lake Havasu City, Page, Parker, Quartzsite Robert Meza (District 14}: Glendale, Phoenix Regular Council Meeting -April 20, 2010 -Page 65 of 74 Page 4 of 6 Ben R Miranda (District 16): Guadalupe, Phoenix Lynne Pancrazi (District 24}: Parker, San Luis, Somerton, Wellton, Yuma Daniel Patterson (District 29): South Tucson, Tucson Doug t~uelland (District 10): Glendale, Phoenix David Schapiro (District 17}: Scottsdale, Tempe Kyrsten Sinema (District 15): Phoenix David W. Stevens (District 25): Benson, Bisbee, Buckeye, Douglas,. Gila Bend, Huachuca City, Marano, Nogales, Sierra Vista, Tombstone, Willcox Andrew M. Tobin (District 1): Camp Verde, Chino Valley, Clarkdale, Cottonwood, Jerome, Prescott, Prescott Valley, Sedona, Williams Anna Tovar (District 13}: Avondale, Glendale, Phoenix, Tolleson Rae Waters (District 20): Chandler, Phoenix, Tempe Jim Weiers(District 10): Glendale, Phoenix Nancy Young Wright (26}: Marano, Oro Valley, Tucson Part Three?! No sooner do we say thanks to the members above who voted against House Bill 2512, when we learn that Representative Fick Murphy (R-gendale) will allow a bill he sponsored to be the vehicle for astrike-everything amendment to revive the provisions of House Bill 2512. House Bill 2508 will be heard in the Senate Finance Committee next. Wednesday at 1:30 p.m. Please contact your Senators and ask them to vote NO on House Bill 2508. 561070 immigration; law enforcement; safe neighborhoods On Wednesday the House Military Affairs and Public Safety Committee heard Senate Bill 1070 immigration; taw enforcement; safe neighborhoods sponsored by Senator Russell Pearce (R -Mesa). In a packed committee room legislators heard from a number of people on both sides of the bill. The League, in opposition, stated that municipal taw enforcement already does an excellent job of working with the federal Department of Homeland Security (DHS) Regular Council Meeting -April 20, 2010 -Page 66 of 74 Page 5 of 6 on the issue, and turns over thousands of suspected illegal immigrants to DHS every year. Another concern for the League is that the bill would allow any person to sue a city or town if that person perceived there was a policy in place that violated federal law; this could lead to spurious lawsuits. This latter provision could be especially harmful to smaller cities that do not have their own attorneys and would have to hire outside counsel. Representative Krysten enema (D - phoenix) supported the League's position and had myriad questions about various provisions of the bill, including several constitutional issues. The bill took three hours to be heard and eventually the committee passed it by a vote of 5-2, with one not voting. It will now go to Rules, but there were committee members who want to see changes before casting their yes votes on the floor. THE WEEFQ.Y~TLIGHT Senator Rebecca ~ os (D -Apache Junction) Born in Tucson, Senator Rebecca Rios is a perennial League Champion. Currently the Senate Assistant Minority Leader, Ms. Rios was a House member until moving to the upper chamber in 2005. With both Bachelor and Masters degrees in Social Work from Arizona State University, Senator Rios has been involved in several community organizations, including Head Start of Pinal/Gila County, the Arizona Rural Health Association, and the Community Alliance Against Family Abuse. She has also been an international delegate to Mongolia for the American Council of Young Political Leaders, to Taiwan for the National Association of Women Legislators, and to Israel for the American Israeli Public Affairs Committee. Senator Rios is a strong supporter of cities and towns, education and healthcare. She is the Director of Community Relations, for Empowerment, Inc, and is married with two children. Her legislative assignments include being a member of the Appropriations and the Public Safety and Human Services Committees. What is your long range vision for Arizona?What are your short term goals for this session? An Arizona that is economically sound, environmentally protected and promotes our quality of Life as evidenced by a stellar education system, accessible healthcare and necessary infrastructure and public safety. After the devastating cuts made in the recent budget, my hope is fora 100 day session and adjournment before any more harm can be done. If you could guarantee one piece of legislation would pass, what would it be? A balanced state budget that does no harm to political subdivisions: cities, towns, and counties, nor to education: k- university, but rather identifies these. items as priorities. How can the state government and local governments be better partners? Mutual respect for each level of government's respective duties is crucial. State and local governments must 'sit at the same table' and discuss the impact that state mandates will have upon the different levels of government. Much in the same way that the legislature despises mandates put upon them by the federal government, so too, must the legislature be cognizant and respectful of the impact that cuts and mandates have on local municipalities. What's the best book you've read recently?Why would you recommend it? Palestine: Peace Not Apartheid, by Jimmy Carter. Regular Council Meeting -April 20, 2010 -Page 67 of 74 Page 6 of 6 Following my political trip to Israel with AIPAC, the American Israel Public Affairs Committee, 1 wanted to gain a broader understanding of the Israeli/Palestinian conflict. I recommend it because I believe it is important to understand the varied perspectives and how those affect the current IsraelilArab status and ultimately how that impacts the United States. Thank you for your time. It's my pleasure. Legislative Bulletin is published by the League of Arizona Cities and Towns. Forward your comments or suggestions to teagueC~azteague.org. Regular Council Meeting -April 20, 2010 -Page 68 of 74 ISSUE 14 -APRIL 9, 2010 L~gilaty~ ~u([etic~ - Executive Committee: Proposition 100 On Wednesday, the League Executive Committee convened in a special meeting and approved a Resolution of Support regarding Proposition 100, the three-year one cent sales tax increase that is on the statewide ballot May 18, 2010. A copy of the resolution may be accessed here. The resolution states municipalities have been struggling in Arizona's depressed economy and recognizes bridge money is necessary to fund essential services, such as public safety. It also notes that 100 percent of the proceeds from the temporary tax will benefit the state, rather than a portion being distributed to local governments, as required in statute for the current sales tax. Cities and towns are voluntarily doing their part, helping the state budget, by conceding approximately $600M in potential revenues over the life of this tax. There is a lot going on at the Capitol these days, and Proposition 100 is part of the political process, making it hard to predict its outcome. In addition to the Secretary of State's Office, information about Proposition 100 may be found at the Yes on 100 Committee's website (www.yeson100.com) and the Ax the Tax Committee's website (www.axthetaxaz.com). The only guarantee is legislators wilt become more aggressive about budget cuts if the election fails and the tax proceeds are not available to backfill the state's budget deficit. Session Update This week marked the deadline for committee hearings in the House and the Senate without special permission from leadership. This means that any bill that has not received a committee hearing in the second chamber is presumably considered dead for the session. At this point in the legislative process, the League must stay diligent, monitoring for floor amendments and strike-everything Language. It is anticipated the Legislature will be busy with floor votes in the next few weeks, before adjourning the regular session sine die. 2010 New Laws: House Bill 2427 and House Bill 2604 As the session wraps up, League members must track bills sent to the Governor's Office to ensure our voices are incorporated into the entire legislative process. Once a bill reaches the Governor's desk she may sign the bill into law, veto the bill, or allow the bill to become law without her signature. Unless otherwise stated in the bill, the general effective date for enacted legislation is ninety (40) days after the Legislature adjourns. This year's general effective date has yet to be determined because the Legislature has not adjourned sine die. Regular Council Meeting -April 20, 2010 -Page 69 of 74 Presently there are two bills that have been signed by the Governor that impact cities and towns. The first, House Bill 2427 military overseas voting; ballot arguments sponsored by Representative Adam Driggs (R-f~oenix), enables a uniformed services and overseas voter to designate the manner in which he or she receives and verifies receipt of voting materials. The bill also includes various changes to transmittal dates for. election personnel. HB2427 was passed with an emergency clause making it effective February 11, 2010. Upon enactment it was assigned to Chapter 2, New Laws 2010. The second bill enacted is House bill 2604 solid waste; private enterprise sponsored by Representative John Kavanagf~ (R-Fountain Hills). This bill prohibits alt municipalities from restraining private companies that want to engage in recycling or waste management services to commercial entities, removing an existing threshold exemption for municipalities with a population of less than 60,000. The League understands formerly-exempted communities will be seeking recommendations on how to comply with this change in law; therefore best management practice information is being collected for members. This bill was assigned to Chapter 3, Laws 2010 and will become effective on the general enactment date. At the conclusion of this legislative session, the League will review all the laws passed and summarize their implications for cities and towns in the annual publication of the New Laws Report. Third-Party Collector Prohibition Fails Again House Bill 2512 municipal faxes; audifors & collectors, sponsored by Representative Rick Murphy (R-Glendale) failed on the floor of the House during Third Read and again on reconsideration last week. The League has been actively opposing this bill because it prohibits cities and towns from using athird-party contractor for tax administration functions. This week the language of House Bill 2512 was struck onto House Bill 2508 in the Senate Finance Committee. The League and other opposing parties rallied once again and are pleased to report House Bill 2508 failed by a voice vote in Committee. Representative Nancy McLain (R-Bullhead City) once again testified strongly against the bill and defended the rights of cities and towns to collect their local sales taxes in the most efficient and taxpayer- friendlymanner possible. Please also thank the following Senators for their resounding "IVO' on this bill: • Senator Debbie McCune-Davis(D-Phoenix) • Senator Barbara Leff (R•Paradise Valley} • Senator Richard Miranda (D-Tolleson) • Senator Ron Gould (R-Lake Havasu Qty) Impact Fees: Fixed On Thursday, the League of Arizona Cities and Towns and the Homebuilders Association of Central Arizona agreed to strike-everything language regarding the much-debated issue of impact fees. Senator Jay Tibshraeny (R-Chandler), Chair of the Senate Government Institutions Committee, sponsored the amendment and struck the compromise language onto House Bill 2478. His Committee approved the amended bill by a vote of 7-0-1-0. This agreement functions as a legislative fix to House Bill 2008 (Third ~ecial fission), eliminating the need for further litigation on this issue. House Bill 2008 implemented atwo-year freeze on impact fees retroactive to June 29, 2009, prohibiting municipalities from imposing development fees or increasing existing fees until July, 2011. House Bill 2478 alters the effective dates of the rate freeze, making it retroactive to September 1, 2009, ending on June 30, 2012. This change in time provides cover to municipalities who were adopting development fees in spring 2009, yet the completion of their process was barred by surprise legislation. It is important to note that with this compromise, House Bill 2249 municipal development fees,' refunds and House Regular Council Meeting -April 20, 2010 -Page 70 of 74 Bill 2259 development fees, proportional share as sponsored by Representative Andy Biggs {R-Olbert) will be held for the remainder of this session. Representative eggs was instrumental in helping to facilitate the compromise language. Noting the rare agreement between the League and the Homebuilders, Senator Meg Burton Cahill {Q Tempe} described the committee hearing as a "Kumbaya moment." The League thanks all the stakeholders involved in this issue for their commitment to working to a successful conclusion. Eminent Domain: Amendments Three Senate bills that make changes to Arizona's statutes regarding the use of eminent domain moved out of House Committees this week: Senate Bill 1363 eminent domain; requirements; taking property and Senate III 1366 eminent domain, relocation assistance were approved in the Government Committee and Senate Bill 1362 eminent domain; attorney fees;.. interest moved out of the Judiciary Committee. The League does not believe the new bills are necessary and that their subjects are already sufficiently addressed in current Constitutional and statutory law. However, working with a variety of stakeholders and the sponsor of the bills, Senator Chuck (day (R-Mesa), we have been able to support an amendment to SB1363 that makes the bill somewhat more palatable, and to drop our active opposition X1366 upon the recommendation of experts who said it would not be a barrier to receiving and implementing federal grants. Several members of the Judiciary Committee expressed doubts about SB1362 and voted to move it out of committee only to keep the bill alive in the process. Its effect will likely be to encourage more litigation rather than negotiation, which leads to higher costs for both the condemning entity and the property owner. We will continue to work with other interest groups to try to implement changes to the bill. Senate Bill 1110: Elections Striker Representative Andy eggs (R-Qilbert) presented astrike-everything amendment to Senate Bill 1110, which was intended to require cities and towns with populations more than 175,000 to hold their general elections in even- numbered years. Yet in its present form, this striker goes much further than that. The placement of the wording in the statute has the effect of requiring ALL municipal elections be held in even- number numbered years, including referendums and special elections. However, even if the bill were amended to require that only general elections in the largest cities had to be held on even-numbered years, there are important reasons to oppose that change. First and foremost, the vast majority of the affected communities are charter cities. The charter adoption process is by far the most intensive citizen involvement process that can be undertaken by a city and requires a citywide vote of the people. Bills that undermine charter authority attack at the very heart of local control. Secondly, the striker also has the negative consequence of creating impossibly long ballots that will minimize city/town issues-sometimes called "voter fatigue"-and create administrative nightmares for counties. Finally, city/town elections are non-partisan and including them on a partisan ballot may needlessly inject party politics into local issues. The League will continue to work with Representative Biggs on this matter and keep members informed. If a resolution is not achieved, the League will be forced to oppose this bill. Regular Council Meeting -April 20, 2010 -Page 71 of 74 Political Signs Bill Put on Hold After many attempts to reach a compromise regarding the placement of political signs in city and highway rights-of- way, the issue has been tabled for the rest of the current legislative session. House Bill 2542 political signs,' public right-of-way, sponsored by Representative David Gowan (R-Sierra Vista) and Senator Frank Antenori (R•Tucson) was introduced to allow political signs in any public right of way, with restrictions for public safety and vision obstruction. The bill has been a work in progress since its introduction, but will not move forward in the legislative process by agreement with its sponsors. While the League agrees that political signs are important articles of political speech, we expressed serious reservations regarding their placement in public rights-of-way. Signage is important to each jurisdiction for a variety of reasons and the decision on where to allow signs (political or commercial) .should remain with the local government. We look forward to continuing this dialogue with i~presentative Gowan and Senator Antenori and thank them for their good faith discussions. THE WEEI4Y 9°I~TLIGHT f~present at i ve Bill Konopnicki (R - S~f f ord) A League Champion and friend of local government for many years, Representative Bill j -~- " r Konopnicki was born in Detroit, Michigan, and is the oldest of three children. His +' father was from Michigan and his mother from North Carolina. His family moved to ' Yuma, Arizona, when he was 5 years old. , ' i Y ' d L d R f d d S G ' 4' "~~ ~ aun n uma tan rocery an ry The epresentative amily owned an operate s s ~f ~~ ~ for more than 35 years. After graduating from Kafa High School, he attended Arizona ~. ~ .- r Js Western College. He has B.A. and M.A. degrees in Business Education from Arizona f th i it Ad i U d h Ed i 'fc~ - ~~ '~ ~ ~{ vers rom n y min strat on e State University an an Ed.D. in Hig er ucation ., , of Arizona. µ= . _ ~:' Mr. Konopnicki has worked for Tucson Public Schools, Pima Community College, the University of Arizona, Eastern Arizona College and the Arizona Department of Education. He has served on Saffard's Public School Governing Board for 12 years. A successful small businessman for the past 30 years, Mr. Konopnicki owns and operates nine McDonald's Restaurants, seven radio stations and currently is CEO of WSK Management Systems. He has worked closely with groups from the community including the Boy Scouts, .Ronald McDonald houses in Phoenix, Tucson and Albuquerque and the Boys and Girls Clubs. He is a former member of the Mount Graham Regional Medical Centers Operating Board and is a past president. The Representative is the father of four children and has 10 grandchildren. His wife, Cathy, is a school psychologist. They make their home in Safford where they live with their daughter, Sara. He has lived in Safford for 38 years. He has educated his children in public schools and is involved in community affairs. His legislative assignments include Chair of the Natural Resources and Rural Affairs Committee, and being a member of the Commerce and Judiciary Committees. What is your long range vision for Arizona?What are your short term goals for this session? Arizona needs a highly educated workforce. Current trends show that most of Arizona high school graduates will, in the end, have less education than their parents. This is a trend that has NEVER happened before and must be reversed. A major goal is to find a way that wilt allow high school students to take advantage of college courses while they are still in high school. Arizona also needs some options to allow rural citizens the opportunity for a Regular Council Meeting -April 20, 2010 -Page 72 of 74 higher education at an affordable cost. Arizona has set the stage for higher paying jobs with Science Foundation Arizona, TGen and other programs that wilt build the state's future. Now we have to develop our citizens to take advantage of the jobs that will be created because of these programs. Short-term goal is to develop better budget options. The current trends- of borrowing and cutting to solve the budget problems of the state are very short-sighted. There are other options and the Legislature MUST exercise leadership and find ways to balance the budget without doing permanent damage to the state. Working together with local government, the state must look at all options to solve the problems. This needs to happen now before permanent damage is done that cannot be reversed. !f you could guarantee one piece of legislation would passe what would it be? To move forward with the programs that would develop higher paying jobs now. How can the state government and local governments be better partners? More effort must be made on the part of the Legislature to recognize the key rote of local government. This starts with legislative leadership holding regular meetings with key county and city officials to develop a plan of action, but to also seek input on common problems. The idea that the state can solve its problems by forcing local government to pay for state programs has to stop. Working together, the state, counties and cities can build the kind of Arizona we really want. What's the best book you've read recently?Why would you recommend it? I would recommend three books: "Meltdown" is an excellent review of what happened with the stock market meltdown and how it can be prevented. "Real Education" is a look at the current education trends in the U.S. and offers some options that will help build a better-educated work force to be competitive in a global economy. "The Shaping of American Higher Education" is a review of the American development of Higher Education and a plan for the U.S. to regain its leadership as the real higher education force in the world. Thank you for your time. Thank you. Legislative Eirlletin is published by the League of Arizona Cities and Towns. Forward your comments or suggestions to leagueC~azleague.org. Regular Council Meeting -April 20, 2010 -Page 73 of 74 League of Arizorn~a `°~`'`~- ~''~~'"~ ~` 1820 W.Vdashington- Phoenix,AZ 85(I(l7 • Phone: {6©2) 258-5786 • Fax: {602) 253-3874 1 tl C' S AND ~~ V V 11 ~ Pmail: l~Que@a7league.org • Web site: wGVw azleague.org A RESOLUTION IN SUPPORT OF PROPOSITION 100 ON THE BALLOT MAY 18, 2010 Whereas, the State of Arizana is experiencing severe economic conditions resulting in hardships on our citizens as u=ell as major reductions to state and local government revenues, making our state" s economy one of the most troubled in the nation; and Whereas, the State of Arizona has an ongoing stnictural deficit that currently does not match amlual tax. revenues with annual expenditures except through the use of fund sweeps, rollovers and. other accounting practices; and Whereas, the. Gavernar and Legislature must address and develop a plan to solve the ongoing deficit without further damaging vital public services such as education and law enforcement; and Whereas, the Legislature has referred aConstitutionally-protected, three-year, temporary one-cent sales tax (TPT} increase to the ballot in the form. of Proposition 100 on May 18th; and Whereas, Arizona's local governments--cities, towns and counties-normally receive a dedicated portion of the state sales tax but have offered to voluntarily forego our portion of the. Prop 100's temporary tax, representing the loss of approximately $600 million to cities and towns aver the three-year period of the tax in order to help restore fiscal balance to the operations of state government; and Whereas, without the proceeds of this temporary tax, Arizona's education, public safety and other vital services maybe seriously harmed; now therefore, Be it resolved that the League of Arizona Cities and Towns encourages the voters of Arizana to vote "Yes" on Proposition 100; Be it further resolved that the League of Arizona Cities and Towns calls on the Gavernar and Legislature to use the proceeds of Proposition 100 to help restore a sustainable, long-term state budget process that balances amlual tax revenues with spending. Approved by a vote of the Executive Committee of the League of Arizona Cities and Towns April 7, 2010. ayd W. Dunn, President Regular Council Meeting -April 20, 2010 -Page 74 of 74 PROCLAMATION Arbor Day 2010 WHEREAS, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, the holiday known as Arbor Day was first observed with the planting of more than one million trees in Nebraska; and WHEREAS, Arbor Day is now observed throughout the world; and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, lower our heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife; and WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products; and WHEREAS, trees in our town increase property values, enhance the economic vitality of business areas and beautify our community; and WHEREAS, trees, wherever they are planted are a source of joy and spiritual renewal. NOW, THEREFORE, the Mayor and Council of the Town of Marana proclaim Arbor Day as Saturday, May 1, 2010 and urge all citizens to plant and care for trees to gladden the heart and promote the well-being of this and future generations. Dated this 20th day of April, 2010. ~~ ~ ATTEST: Mayor Ed Honea celyn .Bronson, Town Clerk