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Home My WebLink About06/01/2010 Council Agenda Packet~~~ ~'~~~ ~~ ,~~ a. .~R... REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, June 1, 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 pa;;ers and cell phones. Meetin~_Tmes 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. S~eakin a~ t Meeti 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. Accessibilitx 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 -June 1, 2010 -Page 1 of 71 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 www.marana.com, by linking to the Town Clerk page under Agendas, Minutes and Ordinances. For questions about the Council meetings, special services or procedures, please contact the Town Clerk, at 382-1999, Monday through Friday from 8:00 a.m. to 5:00 p.m. Posted no later than Monday, May 31, 2010, 7:00 PM, at the Marana Municipal Complex, the Marana Operations Center and at www.marana.com under Town Clerk, Agendas, Minutes and Ordinances. REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE 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 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 the Consent agenda, and that issue will be discussed and voted upon separately, immediately following the Consent agenda. C 1: Resolution No. 2010-50: Relating to Utilities; approving and authorizing the Regular Council Meeting -June 1, 2010 -Page 2 of 71 Mayor to execute the First Amendment to Lennar/Willow Ridge Commons Agreement for Construction of Water Facilities and Provision of Water Service (Dorothy O'Brien) C 2: _Resolution No_2010-5 L• Relating to the Police Department; exempting the Marana Police Department's undercover police vehicles from Arizona state laws related to the designation of political subdivision motor vehicles; authorizing the Chief of Police to renew existing vehicle registrations for undercover police vehicles and to obtain vehicle registrations for new undercover police vehicles (Terry Tometich) C 3: Minutes of the May 18, 2010 special council meeting and the May 18, 2010 regular council meeting LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION A 1: Resolution No. 2010-52: Presentation_Relating to Budget; adopting the fiscal year 2010-2011 tentative budget (Erik Montague) ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Le islative/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 (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 E 3: Executive session pursuant to A.R.S. § 38-431.03(A)(3) for legal advice concerning staff-proposed elements of draft amendments to the Marana Land Development Code relating to Significant Land Use Change regulations 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) Regular Council Meeting -June 1, 2010 -Page 3 of 71 ADJOURNMENT Regular Council Meeting -June 1, 2010 -Page 4 of 71 .~~~`~ ,~.~«~~, ~~~~~ ~~~ :~,~ ~.. ~a~. 11555 W. CIVIC CENTER DR1VE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, June 1, 2010, 7:00:00 PM To: Mayor and Council From: Dorothy O'Brien ,Utilities Director Strategic Plan Focus Area: Commerce Item C 1 Subject: Resolution No. 2010-50: Relating to Utilities; approving and authorizing the Mayor to execute the First Amendment to Lennar/Willow Ridge Commons Agreement for Construction of Water Facilities and Provision of Water Service Discussion: The Town and Lennar entered into a water service agreement for the Willow Ridge Commons subdivision in 2007, addressing the water facilities Lennar needed to construct to obtain water service from the Town. A copy of the original WSA is included with the background materials for this item. The original WSA required Lennar to acquire Well No. 25 K-1 from the Cortaro-Marana Irrigation District and to refurbish it. Since the original WSA, the Town and Lennar have come to better understand the specific conditions of the well and the particular water service needs for the subdivision. The proposed first amendment to the Willow Ridge Commons WSA simply clarifies Lennar's remaining obligations related to Well No. 25 K-1. Financial Impact: The preexisting condition of Well No. 25 K-1 will result in certain unforeseen future costs of refurbishment that will will be borne by the Town when it chooses to return the well to service. ATTACHMENTS: Name: Description: ^ Reso Lennar Willow_Ridge WSA (00021251_),DOC Reso Approving Willow Ridge WSA First Amendment ^ Lennar WSA Amendment (00019541-4).DOC Exh A to Reso: Willow Ridge WSA First Amendment ^ Willow Ridge. Water Agreement.pdf Original Willow Ridge WSA Staff Recommendation: Type: Resolution. Exhibit Backup Material Regular Council Meeting -June 1, 2010 -Page 5 of 71 Town staff recommends the adoption of Resolution No. 2010-50, approving and authorizing the Mayor to execute the first amendment to the Willow Ridge Commons water service agreement. Suggested Motion: I move to adopt Resolution No. 2010-50, approving and authorizing the Mayor to execute the first amendment to the Willow Ridge Commons water service agreement. Regular Council Meeting -June 1, 2010 -Page 6 of 71 MARANA RESOLUTION NO. 2010-50 RELATING TO UTILITIES; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO LENNAR/WILLOW RIDGE COMMONS AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES AND PROVISION OF WATER SERVICE WHEREAS LENNAR COMMUNITIES DEVELOPMENT and the Town of Marana entered into an Agreement for Construction of Water Facilities and Provision of Water Utility Service dated April 17, 2007 and recorded in the office of the Pima County Recorder on April 20, 2007 at Docket 13038, Page 3692 (the "Original WSA"); and WHEREAS the Original WSA set forth the rights and obligations ofthe parties relative to the development of certain public water infrastructure that was anticipated to be constructed by or on behalf of the developer to serve the developer's subdivision known as Willow Ridge Commons, recorded in the office of the Pima County Recorder at Book 60 of Maps and Plats, Page 98; and WHEREAS the parties wish to clarify the developer's remaining water infrastructure obligations under the Original WSA; and WHEREAS the Mayor and Council find that the terms and conditions of the amendment are in the best interest of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the "First Amendment to Lennar/Willow Ridge Commons Agreement for Construction of Water Facilities and Provision of Water Utility Service" for the Willow Ridge Commons development project, 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. BE IT FURTHER RESOLVED that the Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the aforementioned amendment. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 1St day of June, 2010. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Regular~~o 1rYCil Nfeeting Ju en'P, 20~ 0 - Pagee7 of 71 Frank Cassidy, Town Attorney {00021251.DOC /} FIRST AMENDMENT TO LENNAR/WILLOW RIDGE COMMONS AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES AND PROVISION OF WATER UTILITY SERVICE TOWN OF MARANA, ARIZONA This First Amendment to Lennar/Willow Ridge Commons Agreement for Construction of Water Facilities and Provision of Water Utility Service (this "Amendment") is entered into by and between the TowN of NIARANA, an Arizona municipal corporation (the "Town") and LENNAR COMMUNITIES DEVELOPMENT, INC., a Delaware corporation (the "Developer"). The Town and the Developer are collectively referred to in this Amendment as the "Parties," and each is sometimes individually referred to as a "Party." RECITALS A. The Parties entered into an Agreement for Construction of Water Facilities and Provision of Water Utility Service dated April 17, 2007 and recorded in the office of the Pima County Re- corder on Apri120, 2007 at Docket 13038, Page 3692 (the "Original WSA"). B. The Original WSA set forth the rights and obligations of the Parties relative to the devel- opment of certain public water infrastructure that was anticipated to be constructed by or on be- half of the Developer to serve the Developer's subdivision known as Willow Ridge Commons, recorded in the office of the Pima County Recorder at Book 60 of Maps and Plats, Page 98. C. This Amendment is executed to clarify the Developer's remaining water infrastructure ob- ligations under the Original WSA. AGREEMENT Now, TxEREFORE, in consideration of the mutual promises made in this Amendment, the Par- ties agree as follows: 1. Incorporation of the Recitals. The foregoing Recitals are incorporated here by this refer- ence. 2. Developer's Remaining Water Production Facilities Obli ag tion. The Developer shall, within 120 days after the effective date of this Amendment, remove the pump and subsurface infrastructure from Well 25 K-1 and deliver them to the Town's Marana Operation Center at 5100 West Ina Road for proper storage. The Developer shall also provide all permits and docu- mentation from the Arizona Department of Water Resources (ADWR) for the completed modifi- cations to We1125 K-1. Upon completion of these requirements, the Parties agree and acknowl- edge that the Developer has completed and satisfied all requirements under paragraph 2.1(a)(i) of the Original WSA, relating to rehabilitation of well number 25 K-1. 3. The Town's Obligations Re ardina Well 25 K-1. By way of describing and clarifying fur- ther tasks that are to be completed, and not as a contractual obligation of the Town under this {00019541.DOC / 4} 4/8/2010 11:40 AM LENNAR/WII.LOW RIDGE COMMONS WSA FIRST AMENDMENT Regular Council Meeting -June 1, 2010 -Page 8 of 71 _ I _ Amendment or the Original WSA, the Town agrees and acknowledges that it shall be responsible for the following: 3.1. Demolition and removal of the electrical facilities at the site of We1125 K-1. 3.2. Cap Well 25 K-1 for future use. 3.3. Provide all necessary paperwork to the Arizona Department of Environmental Quality (ADEQ) and ADWR to keep We1125 K-1 idle until the Town chooses to return the well to production. 4. Effective Date. This Amendment shall become effective upon its execution by all the Par- ties and the effective date of the resolution or action of the Town Council approving this Amendment (the "Effective Date"). 5. Term. The term of the Original WSA, as modified by this Amendment, is extended to De- cember 31, 2010. 6. Other terms. Except as modified by this Amendment, all terms and provisions of the Origi- nal WSA shall remain in full force and effect and shall apply to this Amendment. 7. Counterparts. This Amendment may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterparts may be removed from the coun- terparts and attached to a single instrument so that the signatures of all Parties may be physically attached to a single document. 8. Further Acts. Each of the Parties shall execute and deliver all documents and perform all acts as reasonably necessary, from time to time, to carry out the matter contemplated by this Amendment. 9. Time Essence. Time is of the essence of each and every obligation by the Parties under this Amendment. 10. Entire Agreement. This Amendment constitutes the entire agreement between the Parties pertaining to the subject matter of this Amendment. All prior and contemporaneous agreements, representation and understanding of the Parties, oral or written, are hereby superseded and merged in this Amendment. 11. Conflict of Interest. This Amendment is subject to A.R.S. § 38-511, which provides for cancellation of contracts in certain instances involving conflicts of interest. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.] {00019541.DOC / 4} 4/8/2010 1 l :40 AM LENNAR/WILLOW RIDGE COMMONS WSA FIRST AMENDMENT Regular Council Meeting -June 1, 2010 -Page 9 of 71 _ 2 _ IN WITNESS WHEREOF, the Parties have executed this Amendment as of the last date set forth below their representatives' respective signatures. TOWN: THE TOWN OF MARANA, an Arizona municipal corporation By: Ed Honea, Mayor Date: ATTEST: Jocelyn C. Bronson, Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney STATE OF ARIZONA SS County of Maricopa ) DEVELOPER: LENNAR COMMUNITIES DEVELOPMENT, INC., a Delaware corporation By: Kevin Tarbox, Division President Date: The foregoing instrument was acknowledged before me on April _, 2010, by Kevin Tar- box, Division President of LENNAR COMMUNITIES DEVELOPMENT, INC., a Delaware corporation, on behalf of the corporation. My commission expires: Notary Public. {00019541.DOC /4} 4/8/2010 11.40 AM LENNAR/WILLOW RIDGE COMMONS WSA FIRST AMENDMENT Regular Council Meeting -June 1, 2010 -Page 10 of 71 _ 3 _ F. ANN RODRIGUEZ, RECORDER DOCKET: 13038 RECORDED BY: C V ePl PAGE: 3692 ' DEPUTY RECORDER 1016 PE2 o v '' `'7 co~ ~~OG NO. OF PAGES: SEQUENCE: 17 20070770730 Ste, TOWN OF MARANA w '~ ~z C>a ~_ ~ ur y ~'~ ~~ AG oa/2o/2007 16:12 ATTN: TOWN CLERK ~ '9ItIZO~P 11555 W CIVIC CENTER DR MAIL MP,RANA AZ 85653 AMOUNT PAID $ 14.00 TOWN OF MARANA AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES AND PROVISION OF WATER UTILITY SERVICE THIS AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES, entered into as of the L~ day ~~_, 2007, by and between the TOWN OF MARANA, ARIZONA, an Arizona murncslpa! corporation, (hereinafter referred to as "Marana") and LENNAR COMMUNITY DEVELOPMENT, INC. (hereinafter referred to as the "Developer" or Applicant'), is for the construction of "Water Facilities" necessary to provide water utility service to its property known as WILLOW RIDGE COMMONS, which is more specifically described on Exhibit "A" attached hereto and made a part hereof, (hereinafter the "Property"), on the following terms and conditions: RECITALS WHEREAS, Developer warrants it (i) is legally qualified to do business in the State or Arizona, and (ii) owns the Property which is the subject to this Agreement; and WHEREAS, Developer is desirous of arranging for the provision of water service to and within the Property in connection with development; and WHEREAS, Marana (i) owns and operates a municipal water system, and (ii) is experienced in the provision of water service; and WHEREAS, Marana is willing to supply water to Developer in accordance with the Municipal Code of Marana, and in accordance with the terms of this Agreement. COVENANTS NOW, THEREFORE, in consideration of the Recitals set forth above and the mutual covenants, conditions,. and agreements set forth below, the parties agree as follows: 1. DEFINITIONS 1.1 Applicant or Developer: Lennar Community Development, Inc., and its successors and assigns. Regular Council Meeting -June 1, 2010 -Page 11 of 71 Willow Ridge Commons WSA 1. ~i "t :., ~~ 1.2 Pro a That certain property or real estate development known as Willow Ridge Commons and as shown on Exhibit "A" attached hereto and made a part hereof. 1.3 Water Facilities: The public water facilities and appurtenances to be constructed under this Agreement and located within public rights-of-way or dedicated easements, and which, upon completion by Developer and inspection and acceptance by Marana, are to be deeded to Marana for operation and maintenance, including but not limited to water mains, valves, pipelines, booster pumps, wells, reservoirs and all other water facilities necessary for service to the Property and appurtenant to the municipal water supply system of Marana. 1.4 Water Svstem: Water Facilities, including water mains, valves, pipelines, booster pumps, wells, reservoirs and all other water facilities and appurtenances necessary for service to the Properly and appurtenant to the municipal water supply system of Marana. 2. CONSTRUCTION OF WATER FACILITIES 2.1 Plans and Specifications. Testing and Phasing. Developer shall design and construct, at Developer's own expense, the Water Facilities in accordance with approved Plans and Specifications. The approved Plans and Specifications shall (i) conform to the design standards of the City of Tucson Water Department and the Marana Town Water Code, (ii) be sized to and capable of serving the water needs of the maximum authorized development on the Property (including all commercial and noncommercial development to be served by Marana), and (iii) designate the point of interconnection referred to in Paragraph 2.6 hereof. A copy of said approved On-Site Plans and Specifications for the Water Facilities is attached as Exhibit "B." (a) The Plans and Specifications shall include, at a minimum: (i) Water Production Facilities. Developer shall have conveyed to Marana well number 25 K-1 now belonging to Cortaro Marana Irrigation District (CMID), with a combined production capacity of not less than one thousand eight hundred and fifty (1850) gallons. per minute which Developer warrants, equals, or exceeds the water production capacity needed to serve the Property when fully developed. The Developer shall rehabilitate said well to potable water standards as per the ADWR and ADEQ standards. The Developer shall drill one replacement well for CMID of equal or greater capacity to a depth mutually agreed upon in writing (currently estimated at five hundred feet (500') and at least twenty inches (20") in diameter as to such new well(s). In any event, the wells to be conveyed to Marana shall be capable of equaling or exceeding the production capacity specified above. Regular Council Meeting -June 1, 2010 -Page 12 of 71 Willow Ridge Commons WSA (ii) Developer shall extend 282 L.F. of eight inch (8") water line from Willow Ridge Commons to the intersection of Sandy Desert and Pima Farms Road thence 728 L.F. of eight inch (8") line westerly along Pima Farms to the existing six inch (6") at St. Patrick and Pima Farms Rd. (b) Well and Water Quality Testing. Developer shall perform well testing conforming to the American Water Works Association Standards (AWWA) for pump tests and shall conduct water quality testing conforming to the standards of the Arizona Department of Environmental Quality (ADEQ) and Pima County of Department of Environmental Quality (PCDEQ) for quality certification of new source wells. 2.2 Plans and Specifications and Water Facilities Approval. The Plans and Specifications for the Water Facilities shall be reviewed and approved in writing by Marana, ADEQ and PCDEQ before issuance of any Water Facilities construction permits by Marana. No work shall commence until Marana has issued a Water Facilities construction permit. The water production and storage facilities as specified in the Plans and Specifications shall be (i) constructed, (ii) issued a certificate to operate by ADEQ or PCDEQ, and (iii) accepted by Marana prior to Marana issuing Developer a Certificate of Occupancy for any residential or commercial unit, subject to the possibility of phasing as provided for in Section 2.1(c) above. 2.3 Contractor. The Water Facilities shall be constructed by a contractor properly licensed by the state of Arizona and in accordance with Plans and Specifications prepared by a qualified registered professional engineer. The location in the ground and manner of installation shall comply with the requirements of all public agencies having authority to prescribe regulations with respect to the location and manner of installation. 2.4 Permits and Licenses. Applicant shall obtain all necessary permits and .licenses, pay all fees and comply with all laws, ordinances and regulations related to the public health, safety, welfare and construction of the Water System. 2.5 Materials. Workmanship, Eauipment and Machinery. All materials shall be new and both the workmanship and materials shall be of good quality f and shall meet the combined specifications and standards of (a) AWWA, (b) ADEQ, (c) PCDEQ, (d) all applicable local regulatory agencies, and (e) the plans and specifications incorporated herein by reference in Exhibit "B." Developer shall repair, or remove and replace, at Developer's own expense and at Marana's convenience, workmanship or materials which do not meet the described criteria or which prove to be defective at any time within one year from the date of the final acceptance of Applicant's work by Marana. 2.6 Connecting New Facilities. Upon completion of the Water Facilities, Developer will dedicate the Water Facilities and Water System to Marana, without cost to Marana, and Marana shall thereafter operate and maintain Regular Council Meeting -June 1, 2010 -Page 13 of 71 Wilbw Ridge Commons WSA the Water Facilities as an integral part of its municipal water utility. The Water Facilities constructed pursuant to this Agreement shall provide a point of connection to Marana's existing water facilities at the point directed by Marana for Service Area requlrements. After commencing water service to the Property, for the purposes of this paragraph, the provisions of Marana Code §14-7 and any successor or amendatory provisions are incorporated herein as though set forth in full and Developer, except to the extent to do so would be inconsistent with the provisions thereof, is deemed for the purposes hereof to be the Applicant/Customer/Developer described therein. 2.7 Inspection, Testing and Correction of Defects. Developer shall comply with the inspection and testing requirements of ADEQ, PCDEQ, and Marana for the facilities to be constructed hereunder, PROVIDED HOWEVER, said requirements shall be reasonable and shall not cause Developer unwarranted delays in the ordinary course of construction. Developer shall promptly notify Marana when the Water Facilities under construction are ready for inspection and testing; and upon 24 hours written notice to Marana, Marana shall immediately thereafter inspect the same promptly after being so notified. For the purpose of inspection and testing of everything covered by this Agreement, or performance of the Work thereon (the "Work"), Developer shall give Marana and any inspectors appointed by it, free access to the construction site and facilitate the proper inspection of such materials, including procurement data, and shall furnish them with full information whenever requested as to the progress of the Work in its various stages. The approval of the Work by any such inspector shall not relieve Developer from its obligation to comply in all respects with the instructions and specifications to make the Work a finished job of its kind, completed in accordance with the best practices. Developer agrees that no inspection by or on behalf of Marana shall relieve Developer from its obligation to do and complete the Work in accordance with this Agreement. If at any time before the final completion and acceptance of the Work, any part of the Work is found to be defective in any way, or in any way fails to conform to this Agreement, Marana is hereby expressly authorized to reject or revoke acceptance of such defective or deficient Work and require Developer to repair, replace, or make good on such defective Work. Marana specifically reserves the right to withhold approval and to forbid connection of the Water Facilities constructed pursuant to this Agreement to Marana's water utility system unless such Water Facilities have been constructed in accordance with the Plans and Specifications approved by Marana and are satisfactory to Marana upon inspection and testing. Developer agrees that it will ~ promptly correct all defects and deficiencies in construction, materials, and workmanship upon request by Marana. made subsequent to inspections by Marana. 2.8 Change Orders. In the event that Developer makes (or is desirous of making) any material changes to the design of the Water Facilities which are to be constructed in accordance with the Water Plans referred to in Exhibit "B" to this Agreement, Developer shall (a) obtain Marana's prior written consent to such material changes or modifications, (b) pay to Marana a reasonable fee for its time in reviewing such material changes Regular Council Meeting -June 1, 2010 -Page 14 of 71 Willow Ridge Commons WSA or modifications, and ~(c) pay the additional cost of construction associated with the same, if any. 2.9 Invoices. Developer agrees to furnish Marana, within thirty (30) days after completion of construction, copies of all Developer, subcontractor, vendor and all others invoices for all engineering and other services, materials purchased, materials installed, construction performed, equipment provided and all else done directly in connection with construction pursuant to this Agreement at the actual cost thereof. 2.10 Liens. Developer acknowledges its duty to obtain to the satisfaction of Marana lien waivers and releases from all third parties providing labor, materials or services hereunder. Developer hereby irrevocably waives any rights it may now have or which it may acquire during the course of this Agreement to record liens against Marana or its property. Developer shall also pay, satisfy and discharge all mechanics', material men's and other liens, and all claims, obligations and liabilities which may be asserted against Marana or its property by reason of, or as a result of, any acts or omissions of Developer, its employees, agents, servants, suppliers, or subcontractors, or the employees, agents, servants or suppliers of its subcontractors, in connection with or relating to the performance of this Agreement. 2.11 "As-Built" Plans. Developer agrees to furnish Marana, within thirty (30) days after completion of construction, "as-built" drawings in both handwritten and electronic format certified as to correctness by an engineer registered in the State of Arizona showing the locations of all water mains, hydrants, valves, and service connections to all structures served from facilities constructed pursuant to this Agreement. Marana shall have the right to withhold water service to Developer pursuant to this Agreement until this condition is satisfied. 2.12 Risk. Developer shall carry on all activities associated with or comprising the Work required hereunder at its own risk until the Water Facilities are fully completed and accepted by Marana and will, in case of accident, destruction or injury to the work or material before such final completion and of the Water Facilities, replace or repair forthwith the Work or materials so injured, damaged or destroyed, to the satisfaction of Marana and at Developer's own expense. 2.13 Liabili Developer hereby assumes all of the responsibility and liability for injury or death of any person, or loss for damage to any property contributed to or caused by the active or passive negligence of Applicant/ Developer, its agents, servants or employees in the execution of and , performance of the activities and Work contemplated herein or in connection therewith. Accordingly, Developer will indemnify, appear and defend and hold Marana, and its elected officials, employees, agents and Ey consultants (the "Town") harmless from and against claims, (except and to the extent that the same are caused or contributed to by the Town) or expenses, including penalties and assessments, to which they or any of them may be subject +^ by reason of such injury, death, loss, claim, penalty, assessment or damage, and in case any suit or other proceeding which shall be brought on account thereof, Developer will assume the 5 Regular Council Meeting -June 1, 2010 -Page 15 of 71 Willow Ridge Commons WSA defense of the Town at Developer's expense and will pay all judgments rendered therein. (a) Marana hereby assumes all of the responsibility and liability for injury or death of any person, or loss for damage to any property contributed to or caused by the active or passive negligence of the Town caused by interconnecting the Water Facilities to any off-site water facilities by Marana, and, in that event, Marana will indemnify, appear and defend and hold Developer harmless from and against claims, (except and to the extent that the same is caused or contributed to by Developer, its employees, agents and consultants) or expenses, including penalties and assessments, to which they or any of them may be subject to by reason of such injury, death, loss, claim, penalty, assessment or damage, and in case any suit or other proceeding which shall be brought on account thereof, will pay all judgments rendered therein. 2.13 Insurance. Developer agrees to procure and maintain all of the insurance policies described below and cause Marana to be endorsed as an "additional insured" thereon, including insurance covering the obligations assumed by Developer under subparagraphs (a), (b) and (c) hereof. Such coverages shall be in amounts adequate to cover the risk commensurate with the work to be performed under this Agreement. Certificates evidencing said insurance and status of Marana shall be provided to Marana. (a) Workers' Compensation Insurance. Worker's compensation and occupational disease and disability compensation in the benefit amounts as required by the laws and regulations of the State of Arizona; (b) liability Insurance. Comprehensive general liability insurance, including operations and protective liability coverages. When the work to be performed requires blasting, Developer's insurance shall specifically cover that risk; and (c) Automobile Insurance. Comprehensive automobile liability insurance covering all owned and non-owned automobiles and trucks used by or on behalf of Developer, in connection with the work. 2.15 Easements. For the purposes of this paragraph, the provisions of Marana Code §14-3-7 and any successor or amendatory provisions are 1 ~l incorporated herein as though set forth in full and Developer, except to the extent to do so would be inconsistent with the provisions thereof, is deemed for the purposes hereof to be the Applicant/Customer/Developer described therein. Developer shall provide to Marana recordable easements and required surveying, over, under, and across all portions of the main and pipeline routes as may be necessary to serve each parcel or _; lot within the Property. If development of the Property involves road ~r construction, all roads and drainage ways will be brought to grade by Developer prior to the commencement of the installation ~' the Water Facilities. No pavement or curbs shall be installed prior to completion of the Water Facilities. Regular Council Meeting -June 1, 2010 -Page 16 of 71 Willow Ridge Commons WSA 2.16 Service Lines, Valves. Meters and Meter Service. Developer shall install, to Marana specifications, automated meters, sensors, and the other necessary equipment for automated meter reading for all water services on the Property. For the purposes of this paragraph, the provisions of Marana Code §14-3-6 and any successor or amendatory provisions are incorporated herein as though set forth in full and Developer, except to the extent to do so would be inconsistent with the provisions thereof, is deemed for the purposes hereof to be the Applicant/Customer/Developer described therein. 2.17 No Permanent Structures on Easements. No permanent structures (i.e., masonry walls, fences, etc.) shall be constructed on or through a water easement without the express written consent of Marana. For the purposes of this paragraph, the provisions of Marana Code §14-3-7 and any successor or amendatory provisions are incorporated herein as though set forth in full and Developer, except to the extent to do so would be inconsistent with the provisions thereof, is deemed for the purposes hereof to be the Applicant/Customer/Developer described therein. 2.18 Title. All materials installed, Water Facilities constructed and equipment provided by Developer in connection with construction of the Water Facilities under this Agreement and the completed facilities as installed shall, upon Marana's written acceptance of the same, become the sole property of Marana, and full legal and equitable title thereto shall then be vested in Marana, free and clear of any liens, without the requirement of any written document of transfer to Marana or further acceptance by Marana. Developer agrees to execute or cause to be executed promptly such documents as legal counsel for Marana may request to evidence such conveyance of good and merchantable title to said Water Facilities free and clear of all liens. 3. COSTS OF CONSTRUCTION OF WATER FACILITIES 3.1 Developer shall, at Developer's sole cost and expense, install all the Water Facilities shown on the approved Plans and Specifications, and shall hold Marana free and harmless from any claim for the construction costs or any defects in such Water Facilities. For the purposes of this paragraph, the provisions of Marana Code §14-4 and §14-5 and any successor or amendatory provisions are incorporated herein as though set forth in full and Developer, except to the extent to do so would be inconsistent with the provisions thereof, is deemed for the purposes hereof to be the Applicant/Customer/Developer described therein. 3.2 Upon request by Marana and direction, Developer shall, at Developer's sole cost and expense, make any and all alterations to any existing water distribution system, either on-site or off-site, necessitated by paving, drainage, or other improvements caused by the development of the ~ Property. ~ ,~ ~~ 3.3 The Water Facilities shall be transferred to the ownership of Marana upon completion and acceptance by Marana. Developer shall be responsible for all costs of operating, repairing, replacing and maintaining the Water Facilities that exceed the revenues generated through Marana's provision Regular Council Meeting -June 1 2010 -Page 17 of 71 Willow Ridge gmmons NfSA of water service to the Property, until a rate analysis methodology has been adopted, mutually accepted, and performed by Marana showing that the Water Facilities and Water System are financially self-sustaining. Marana shall perform such analysis not less than annually and inform Developer regarding the results thereof. 3.4 Connection and installation fees shall be collected as set forth in Marana Town Code, Section 14-7-2, as amended from time to time; provided, however, in consideration of Developer's construction of the Water Facilities, including installing the meters and service lines as specified in Paragraph 2.1 a hereof, and provided Developer is not in breach of any provision of this Agreement: (a) All cost associated with construction of the items listed in 2.1 a shall satisfy the infrastructure impact fee as per the Marana Town Code as adopted by the Mayor and Council. (b) All cost associated with the installation of meters as listed in 2.1.6 (meter installation) shall be charged at the time building permits are acquired (currently $360 for 5/8" x 3/4" meter). (c) All impact fees as adopted by Mayor and Council shall be paid for by the Developer at the time building permits are acquired unless otherwise addressed here in. (d) The Developer shall be reimbursed for the actual proportional cost of the construction of the main extension listed in 2.1 (a) (ii) not to exceed $72,800.00. Reimbursement to the Developer shall be derived from protected main fees generated from new connections to the constructed main line. The Town shall make reimbursement payments due the Developer on or before January 31 and July 31 of each year for the period ending December 31 and June 30 respectively. The agreement to make reimbursements will automatically terminate on the tenth anniversary of this Agreement. (e) The Developer agrees to waive all project and fee reimbursements by the Town Water Department other than listed above. 4. SECURITY REQUIREMENT 4.1 In accordance with Arizona Revised Statutes and the Marana Municipal Code, this Agreement is contingent upon Developer furnishing. Marana with such security as may be appropriate and necessary, as determined by the Marana Utility Director, to assure Marana that Developer will perform all the Water Facilities and Water System construction described above and all other obligations now existing or accruing under this ~l Agreement. E 5. WATER SERVICE; WATER RIGHT 5.1 For the purposes of this paragraph, the provisions of Marana Code §14-5 and any successor or amendatory provisions are incorporated herein as though set forth in full and Developer, except to the extent to do so would 8 RegulaWillow~Ridge Commons V1rSA10 -Page 18 of 71 be inconsistent with the provisions thereof, is deemed for the purposes hereof to be the Applicant/Customer/Developer described therein. Marana shall be under no obligation to provide water utility service to Developer or the Property until each and every condition of this Agreement has been met and satisfied. Marana agrees that upon receipt of all applicable approvals and satisfaction of all of Developer's obligations under this Agreement that it will then provide water utility service as requested to and within the Property in accordance with its rules, regulations and ordinances governing such water service, as such rules, regulations and ordinances may, from time to time, be amended. 5.2 Developer agrees to assign to Marana, as a condition of Marana providing water utility service, every portion of its Irrigation or Type 1 Nonirrigation Grandfathered Groundwater Rights as those are defined by law as may be appurtenant to lands conveyed and dedicated to Marana in connection with the development of the Property. Developer agrees to execute and deliver all forms necessary to effectuate the transfer of these water rights to Marana concurrently with such dedication. 5.3 Marana will provide the State of Arizona Designation of Assured Water Supply status for the Property upon acceptance of the Property into Marana's service area by the Central Arizona Groundwater Replenishment District (CAGRD). Developer shall execute any agreements and file such covenants and restrictions as Marana may deem appropriate to include the Property in Marana's CAGRD service area. Without limiting in any manner Marana's right to specify the terms and conditions governing future water service to the Property, but, as a condition precedent to the Prope~'s right to receive water service from Marana, the owner(s) of the roperty shall. pay all groundwater replenishment fees and costs incurred in providing water service to the Property. Marana, in its sole discretion, may determine the method of recovering such replenishment fees and costs including, without limitation, through the property tax bill, the water bills, and/or the impact fees of those customers living within the Property. 6. TERMINATION OF AGREEMENT 6.1 In the event Developer does not complete all of the Water Facilities and Water System construction described in Article 2, within three (3) years from the date of this Agreement, except as otherwise agreed on Exhibit "C" hereof, this Agreement shall be null and void, canceled and of no ~ further force and effect. 6.2 Pursuant to A.R.S. § 38-511, Marana may cancel this contract within three (3) years after its execution, without penalty or further obligation if any person significantly involved in initiating, securing, drafting or creating this Agreement on behalf of Marana is, at any time while this Agreement or any extension of this Agreement is in effect, an employee or agent of ~~ Developer in any capacity or consultant to Developer with respect to the ~ subject matter of this Agreement. Cancellation under this section by Marana shall be effe~•~ve when written notice from Marana is received by Developer unless the notice specifies a later time. In addition to the right to cancel as provided herein, Marana may recoup any fee or commission 9 Regul~pow ~idgee~ol~mo~s WSA 10 -Page 19 of 71 paid or due to any person significantly involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of Marana from Developer arising as the result of this Agreement. 7. INDEMNIFICATION 7.1 With respect to the Water Facilities and Water System constructed pursuant to this Agreement, for a period of one (1) year following Marana's acceptance of the facilities to be dedicated to Marana hereunder, Developer agrees to indemnify, appear, defend and hold harmless Marana and its employees (as previously defined) from any and all claims or causes of action which may be asserted against Marana for negligent design or construction of the Water Facilities, and from claims that may be asserted against Marana for inadequate fire protection capacity arising from the negligence of Developer or its employees or agents. 8. NOTICE 8.1 Communications hereunder shall be sent to the parties at the following addresses or to such other addresses as the parties may advise in writing: To Marana: Mr. Brad DeSpain Utilities Director 5100 W. Ina Road Tucson, Arizona 85743-9746 With copy to: Mr. Frank Cassidy Town Attorney 11555 W. Civic Center Drive Marana, Arizona 85653 To Applicant: Lennar Community Development, Inc. Attention Nicole Grammer 5151 E. Broadway Blvd., Suite 1450 Tucson, AZ 85711 9. SEVERABILITY 9.1 In the event any portion of this Agreement shall be determined to be invalid, such invalidity shall not render void any remaining portions of this Agreement which can be given effect, and they shall remain in force and effect. 10. ASSIGNMENT 10.1 This Agreement shall be binding upon and for the benefit of the heirs, administrators, executors, successors and assigns ~' Marana and Developer. 3 :~, 0 1. io Regul~CourlCil Megting -June 1 2010 -Page 20 of 71 i ow Hedge o mons W$A 11. MISCELLANEOUS 11.1 Any prior agreements, promises, negotiations or representations relating to the subject matter of this Agreement not expressly set forth in this Agreement are of no force and effect. This instrument contains the entire agreement between the parties,. and it shall not be amended, altered or changed, except by written agreement signed by the parties. 11.2 All executed agreements shall remain on file in Marana offices and shall be made available for public review upon request. 11.3 This Agreement is entered into under and shall be governed by the laws of the State of Arizona. 11.4 This Agreement has been arrived at by negotiation and shall not be construed against any party to it or against the party who prepared the last draft. 11.5 Captions and headings are for index purposes only and shall not be used on construing this Agreement. 11.6 BEFORE THIS AGREEMENT SHALL BECOME EFFECTIVE AND BINDING UPON EITHER MARANA OR DEVELOPER, IT MUST BE APPROVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA. In the event that it is not so approved, this Agreement shall be null and void and of no force or effect whatsoever. The remedies provided in this Agreement in favor of Marana shall not be deemed its exclusive remedies but shall be in addition to all other remedies available to the Parties at law or in equity. No waiver by Marana of any breach by Developer of any provision of this Agreement nor any failure by Marana to insist on strict performance by Developer of any provision of this Agreement shall in any way be construed to be a waiver of any future or subsequent breach by Developer or bar the right of Marana to insist on strict performance by Developer of the provisions of this Agreement in the future. Developer is an independent contractor and not an agent or employee of Marana. 11.7 This Agreement, and all rights and obligations hereunder, including those regarding water service to Developer, shall be subject to all provisions of the Municipal Code of the Town of Marana and all applicable rates, fees, charges and tariffs of the Marana Water Utility as approved by the Mayor and Council of the Town of Marana now or as they may be changed and approved by the Mayor and Council of the Town of Marana in the future. ~~ 14t 2 ~i Regul~~8~l~gmt~~~h}S2A010 -Page 21 of 71 IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. TOWN OF MARANA By: Ed Honea Its: Mavor ATTEST: By n er ennar Communi Develo ment Inc. By: Kevin Tarbox Its: Division President of the Land_ Division ACKNOWLEDGMENT ~«Eo N~yANCOCK Nora~rrueuc-sae~ma STATE OF ARIZONA ) ~yQ~~t~Jt~ir,e,;tOtt COUNTY OF ~ ss. This instrument was acknowledged before me this day of~/ da of -~ Y `~ 2007 by ~? ,v ~ r ~~ ~2~'~y~c as \ ~ ~!\T ILQ~I `T ~ r ~ ~'t~'t' of as Developer. My Commission Expires: Notary Public 12 9. °;r Regul~r~~~~m~~~~~~010 -Page 22 of 71 APPROVED AS TO FORM EXHIBIT "A" LOCATION MAP OF THE DEVELOPMENT WITH LEGAL DESCRIPTION [Please slip the location map of the development behind this cover sheet.] ~. ;3 ~~ ~1 13 Regu~~~j~,t1~~~o~~r~~~2010 -Page 23 of 71 EXHIBIT "B" PHASING Phase I Willow Ridge Commons will be served off the system existing as long as a loop is installed from Willow Ridge Commons, consisting of 282 L. F of eight inch (8") water line to the intersection of Sandy Desert and Pima Farms Road thence 728 L.F. of eight inch (8") line westerly along Pima Farms to the existing six inch (6") at St. Patrick and Pima Farms Rd. Phase II Drill a well for Cortaro Marana Irrigation District (CMID) which will replace 25 K-1 irrigation well. Refurbish CMID 25 K-1 well to potable standards. 1. ~~ 14 Regul~yi~p{dq~~~e~en~~'h~~010 -Page 24 of 71 EXHIBIT "C" ITEMIZED BREAKDOWN OF THE ESTIMATED COST OF THE WATER UTILITY FACILITIES TO BE CONSTRUCTED HEREUNDER [Please slip aline-by-line itemized breakdown of the Estimated Cost of the Water Utility Facilities to be installed in accordance with this Agreement behind this cover sheet] Please set forth the total expense the Developer/Applicant is to incur for the construction. t. t~ 15 Regul;y~gjj~e~~~i~s~010 -Page 25 of 71 EXHIBIT "D" ENGINEER'S ESTIMATE OPINION OF PROBABLE COST October 12, 2005 DESCRIPTION I. Phase I PRESENT VALUE COST Construct a loop from Willow Ridge Common to the existing System consisting of 282 L.F. of 8" water line to the intersection of Sandy Desert and Pima Farms Road thence a 728 L.F. of 8" water line westerly along Pima Farms to the existing 6" line at St. Patrick and Pima Farms Rd. II. Phase II Drill and equip a new Well for the Cortaro Marana Irrigation District (CMID) Refurbish the CMID 25 K-1 Well to Potable Standards TOTAL COST $72,800 $250,000 $60,000 $382,800 0 v& ~~ 0 16 Regu1811~G~~i L~I~I~~I~~-°f~i~ne ~A2010 -Page 26 of 71 EXHIBIT "E" ACTUAL COST OF WATER FACILITIES [To be Attached Forthwith Upon Issuance of Same.] Please set forth the total expense the Developer/Applicant is to incur for the construction. :~ ~i t~ Regu~i~~~eLe~~~~~~010 -Page 27 of 71 ~~~ ~~~~ ,~~~ ~~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, June 1, 2010, 7:00:00 PM To: Mayor and Council Item C 2 From: Terry Tometich ,Chief of Police Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2010-51:_Relating to the Police Department; exempting the Marana Police Department's undercover police vehicles from Arizona state laws related to the designation of political subdivision motor vehicles; authorizing the Chief of Police to renew existing vehicle registrations for undercover police vehicles and to obtain vehicle registrations for new undercover police vehicles Discussion: State law (A.R.S. section 38-538) provides that all vehicles used by a political subdivision for official use must bear the name of the political subdivision and the words "for official use only." However, A.R.S. section 38-538.03 allows the governing body of a political subdivision to exempt official vehicles that are used for felony investigations or activities of a confidential nature from these requirements. Undercover police vehicles may be exempted under this provision. Per the statute, the Council may grant the exemption for only one year at a time. This agenda item will grant the exemption from the provisions of A.R.S. section 38-538 to the Marana Police Department's undercover police vehicles for the upcoming year. The item also authorizes the Chief of Police to take all necessary action to renew existing vehicle registrations for undercover police vehicles and to obtain vehicle registrations for any new undercover police vehicles. Financial Impact: There is no cost to the Town for licensing these undercover vehicles. ATTACHMENTS: Name: Description: Type: D Reso re 20.1.0 renewal_of undercover vehcleregistr~ticn Resolution (00021_227). DOC Resolution Staff Recommendation: Staff recommends that Council exempt the undercover police vehicles from state laws regarding the designation of official vehicles and authorize the Chief of Police to obtain the necessary Regular Council Meeting -June 1, 2010 -Page 28 of 71 vehicle registrations. Suggested Motion: I move to adopt Resolution No. 2010-51, exempting the Marana Police Department's undercover police vehicles from Arizona state laws related to the designation of political subdivision motor vehicles and authorizing the Chief of Police to renew existing vehicle registrations for undercover police vehicles and to obtain vehicle registrations for new undercover police vehicles. Regular Council Meeting -June 1, 2010 -Page 29 of 71 MARANA RESOLUTION NO.2010-51 RELATING TO THE POLICE DEPARTMENT; EXEMPTING THE MARANA POLICE DE- PARTMENT'S UNDERCOVER POLICE VEHICLES FROM ARIZONA STATE LAWS RE- LATED TO THE DESIGNATION OF POLITICAL SUBDIVISION MOTOR VEHICLES; AU- THORIZING THE CHIEF OF POLICE TO RENEW EXISTING VEHICLE REGISTRATIONS FOR UNDERCOVER POLICE VEHICLES AND TO OBTAIN VEHICLE REGISTRATIONS FOR NEW UNDERCOVER POLICE VEHICLES WHEREAS A.R.S. § 38-538.03 provides that the governing body of a political subdivision may grant an exemption from Arizona state law regulating the designation of political subdivision motor vehicles for motor vehicles used in felony investigations or activities of a confidential nature; and WHEREAS the Town of Marana Police Department uses a number of undercover police ve- hides in felony investigations and in activities of a confidential nature; and WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of the public to exempt these vehicles from state laws regulating the designation of political subdivision motor vehicles. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, AS FOLLOWS: SECTION 1. The Town Council hereby exempts the motor vehicles used by the Marana Po- lice Department as undercover police vehicles from state laws regulating the designation of political subdivision motor vehicles. SECTION 2. The Chief of Police is hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of this reso- lution, including renewing existing vehicle registrations for Marana Police Department undercover police vehicles and obtaining vehicle registrations for new Marana Police Department undercover police vehicles. PASSED, ADOPTED, and APPROVED by the Mayor and Council ofthe Town ofMarana, Arizona, this 1St day of June, 2010. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Regular-t;o 1rYGf ~ efing Ju en'P, ~0'l 0 - Yagee3~of 71 Frank Cassidy, Town Attorney {00021227.DOC /} ~Z ~~ ~A~AI ~~~ ~~,~ SPECIAL COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, May 18, 2010, at or after 6:00 PM Ed Honea, Mayor Herb Kai, Vice Mayor Russell Clanagan, Council Menil~cr Patti Comerford, Council Member Carol McGorray, Council Member Jon Post, Council Member Roxanne Ziegler, Council Member SPECIAL COUNCIL MEETING CALL TO ORDER AND ROLL CAl : L Mayor Honea called the meeting to order at 6:0? p.m. TownClerk Bronson called roll. All Council Members were present except C~uu~cil l~~Ien~bc;r Clanagan, who was excused. Mayor Honea asked that Council dispense wish all busirress'except the two presentation items and adjournment until the regular meeting. PLEDGE OF ALLEGIANCI-: INVOCATION/MOMENT OF SILENCE APPROVAL OT' AGENDA Motion moved by C~u~cil Member Comerford, second by Council Member Post to approve the agenda with the c~htrnges noted by Mayor Honea. Motion carried unanimously 6-0. CALL TO THE PUBLIC PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS PRESENTATIONS P 1: Presentation: Relating to Budget; presentation of the preliminary FY2011 budgets for the Enterprise Funds, other selected funds and the proposed Capital Improvement Plan Presented by Erik Montague. He began with an overview of the budgets of the Regular cotl~-FJ 2ofib'a1~~l~Pi ort operating funds, selected fund and Capital 1 May 18, 2010 Special Council Meeting Minutes Improvement Plan. He highlighted key elements in the development of the budgets, including adoption of rate structure, equipment replacement funding for debt service, emergency reserve and administrative fee transfer. He also spoke to emergency reserve establishment for a reasonable amount of funds for an unanticipated event. He noted two incidents that required the use of reserve funds this past year. Central service support comes from the administrative fee. He then summarized the current year's budget for the water utility for this year and next, including permit fees, investment income and some miscellaneous revenues. For the expenses side there are personnel changes but nothing major. There are some changes in the contracted services commodities, mostly capital outlay related to normal replacement ($183K for vehicle and important equipment replacement) and the emergency reserve that provides for additional capacity should some event occur - an overall change of about 19 percent in costs. Che commodity changes are a result of fee increases combined with actual consumption calculations. It is a significant bump. Council Member Post asked if that was related to a fee increase or on the expense side. Mr. Montague responded that it was ~,~ a j~esult of changes in the structure in the water rates fee schedules. On commodities, the significant portion is associated with the emergency reserve. Dorothy O' R rien elaborated that with this year's budget, they wanted to make sure that ezpcnditures and revenues equaled to be frugal and make sure there was a reserve. This is what is being shown as a commodity. Council Member Post asked for her definition of a commodity. Ms. O'Brien responded that a commodity includes everything from valves and things we have out in the system to where electrical is charged. Mr. Montague concurred and stated that currently within this category are O & M costs as commodities. This didn't exist last year because the rate structure that allowed for this line item was. incorporated in this year's numbers. The next operating fund is the airport. There has been a change or shift in the model - mostly on the expense side, mast significantly with personnel and benefits. There are still reasonable contract services related to maintenance; commodities, etc. The most significant change is in the number ~fprojects iuand about the airport -capital outlay due to grants and programs: completed. as well as started. There has been a change in bonds that were issued to pay for some airport improvements. Other selected funds include the transportation fund -the primary revenue source for the fund being; contracting sales tax. 7 here is a significant reduction in contracting sales tax. This is due to what we pr~~ject to collect in the new year. As a result of less revenues and income there will be an a~i j u,tment in investment income. He will want to continue to evaluate categories within commodities -capacity and reimbursements with developers, specifically Cottonwood. Capital Outlay and Replacements have seen changes as projects have wound down of about $1M. With respect to transfers out, this is directly related to the bonds issued back in 2008, a significant portion of that was for the Silverbell Road, Camino de Mariana, and then a transfer of some of that to Twin Peaks. So the biggest piece of that bond issuance dealt with transportation-related projects, carrying the largest portion of that burden of debt service. When the bonds were issued, they were issued in Series A and Series B with anticipation that we would begin to call that debt. Staff will be working closely with financial advisors and bond counsel in the upcoming fiscal year to start to evaluate and do due diligence to call some of those bonds and retire some portions of those bonds to reduce our burden and save interest. The numbers are really revenues in and revenues out, appearing out of balance by about $3.4M, but what we're Regular Council Meeting -June 1, 2010 -Page 32 of 71 2 May 18, 2010 Special Council Meeting Minutes projecting in beginning reserves or spendable resources going into next year using money collected in previous years that we haven't spent in that amount. The fund is in balance. Another large and significant fund is the Highway User Revenue Fund -gas taxes allocated back to the municipality based on a per capita count or census count. No significant change. This is the first year of a slight increase. The expenditures side shows no significant change other than some slight changes for maintenance for contracted services associated with street striping, sweeping and some of the pavement preservation work. Procurement has been working closely with the departments to identify efficiencies. Another fund of significance is the Local Transportation road assistance fund. In February of this year the state withheld all payments of local transportation assistance funds, basically a lottery distribution as well as a special distribution. to allocate some of those dollars back to municipalities and organizations for transit and road-related improvements. So the change between the current year and next year is drastic, as we don't anticipate any funds from that source which may he permanent. We have no reason to believe that it will be reinstated. On the expenditure side, we worked with Community Development. The $175K reflects our level of service required for existing routes. Because of some of the cost containment strategies i n t h ~ current and earlier years, it is anticipated there will be somewhere in the neighborhuud ~~I ~350K. At the end of the current fiscal year, it will be in spendable reserves. He then gave some background on the Capital ~Improve-nent Plan process. This is in the third cycle from when it was brought before Council in'2007 and adopted. This was intended to be a living, breathing document, continuing to use a best practices approach. One of the elements is how to maintain the project. Transportation projects identified are the Twin Peaks Interchange with $17M identified, coming from multiple sources; Camino de Mariana - $1? .-11\ 1 with fiords coming from RTA, 2008 bonds and Pima County development fees: ~I an~erinc Farm, Interchange - $24.4M from ADOT, grants, and developer contributions; and Ina Read and Bridge - $24.7M from RTA, 2008 bonds, and Pima County development fees. Parks and Cultural projects include the Crossroad/Silverbell District Park with $.2M from park impact fees; and the Heritage Park - $.4M from park impact fees. Neighborhood Projects include the Honea Heights Sewer Improvements - $251~ from carry over general fund dollars and Honea Heights Neighborhood Redevelopmetlt of $1.6M from grants and Pima County bonds. Airport Projects -there has been slight change. Many of the major CII' projects have been completed, with a couple still underway. One is the traffic control tower from grant funds to complete the design. Related to current and future uses are land acquisition and an environmental assessment to be completed next year for future capacity and expansion. Water Utility Projects are the Camino de Mariana Water Line of $.2M from the WIFA loan; Hartman to Cortaro Interconnect - $.3M from the WIFA loan; and the Picture Rocks Reservoir Replacement of $.3M is a result of their preventative maintenance program from the water operating and gravity storage. There are some general fund projects: the Northwest Drainage Repair canal adjacent to Northwest Fire's training facility - $165K. A key piece in this building is the Technology Redundancy of $120K for infrastructure. Under the current design we have a single point of failure for electrical or hardware failure which would be crippling to the organization. Council Regular CoMg~b~n9Zi~u~l~r2~~~e~age~3"of~aS a fail-over. Gary Hudman addressed this question 3 May 18, 2010 Special Council Meeting Minutes from the technical side. There would be another IBM blade-server environment. The current server room is really stressed. But the PD server room could be used as backup. Council Member Ziegler asked if there was any disaster recovery in place. Mr. Hudman replied that there is no full recovery strategy in place. This is a key piece to that. So the $120K is for the new backup system. Mr. Montague continued that there is also a Technology Main Server A/C Improvements component under general fund projects of $ l OSK. This is primarily related to the racks. A portion of the air conditioning work will be completed under this project. Another key component is that the heart of the town is in that server room, so there is a narrow margin of time when all of the electronics in that room goes up. The last project is the MOC Community Room for $86K. Many organizations are using those facilities which have to be moved around to different rooms. This will provide for amulti-purpose community room. He concluded his presentation with a pie chart showing 2010-2011 preliminary funding of $123M by source. Council Member McGorray asked for a hard copy of the report. P 2: Presentation: Kiosk sign program study session for discussion and Council direction Presented by Frank Cassidy, who noted that there has been a working group meeting on Fridays from Legal, Planning and Public Works to work on the Land Development Code. The Kiosk Sign Policy is one of the items they're working on. The current kiosk program is found in the LDC. The kiosk program operates within the public right-of- way, and our general sign program prohibits si`ms in the right-of--way unless they are regulatory signs. They would like feedback on possibly changing the program so that instead of having a private operator within the right of way (which raise First Amendment issues as welLas practical proble-ms), they would like to transition this to an internal program. This outline explains the direction they were thinking of to get feedback before preparin~~ it for Commission and Council consideration. It would require bringing an ordinance li~r~~ aril to delete it from the LDC, then bringing the actual staff program forward through a resolution through the use of town rights of way. Council Member McGorray asked for clarification on the definition of kiosk signs. They are slatted signs intended to look consistent throughout the community. They are wayfaring signs to find neighborhoods, new homes or other places of interest. Council Member Comerford noted that Planning has been working on this project for a while and builders have expressed concern over how long this process is taking. She indicated that there should be some huilder input included before this comes back in July. She further noted that there has been a lot of money put out in the old signs. Council Member Ziegler asked if contractors would put up the signs. Mr. Cassidy replied that is possible or we could possibly do it internally. Council Member Post asked about the status of sandwich board signs for businesses. Mr. Cassidy replied that that is in the general LDC review process -one of the earlier items to look at in the overall sign code. The problem is that it's a type of sign that is temporary and right now we've generally prohibited those kinds of signs for First Amendment issues -commercial temporary versus non-commercial. That will probably be third after significant land use -which we hope to bring to Council for a study session on June 1. The sign provisions will take a couple of more months because they are complicated. Mayor Honea asked for questions and noted that Council wants to move forward as quickly as possible to change this. Regular Coun~"IaeeYngTJne 'f; 20'IU`-'Page 34 of 71 4 May 18, 2010 Special Council Meeting Minutes LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION ITEMS FOR DISCUSSION/POSSIBLE ACTION 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 R1cCorray, second by Lice ~b1rr1•or gai. Motion carried unanimously 6-0. The meeting was adjourned at 6:54 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on May 18, 2010. 1 further certify that a quorum was present. Jocelyn C. Bronson, Town (' I ~ rl: Regular Council Meeting -June 1, 2010 -Page 35 of 71 5 May 18, 2010 Special Council Meeting Minutes J ~~ ~~~/~ `~~`/ r~~ ~. a.~~.. REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, May 18, 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 MEE"TING CALL TO ORDER AND ROLL CALL Mayor Honea called the meeting to order at 7:(16 p.m. To~~ n Clerk Bronson called roll. All Council Members were present except.. Vice Ma. or I:ai, who was excused. PLEDGE OF ALLEGIANC't;;'INVOCATION/MOMENT OF SILENCE Led by Mayor Honea: APPROVAL OF AG L N UA Motion to appruvc~ ~~ro~•c-r! by Council Member McGorray, second by Council Member Comerford: Motion c~rrrrc ~l unmrimousty 6-0. CALL TO THE PUBLIC' There were no speaker cards presented. PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Members Comerford and Council Member Clanagan both commented on the repaving project on Silverbell Road and commended the public works staff in charge of the project. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Gilbert Davidson also complimented staff on the Silverbell Road paving project and noted that many other similar road improvement projects will be commencing in the next few months, including Sandario Road in the future uptown area, Tangerine Road and Twin Peaks over Rattlesnake Pass. Regular Co~r~~it r~ti~~Q~ 0 -Page 36 of 71 1 May 18, 2010 Regular Council Meeting Minutes CONSENT AGENDA Motion to approve moved by Council Member Comerford, second by Council Member Post. Motion carried unanimously 6-0. C 1: Resolution No. 2010-47: Relating to Development; approving and authorizing the Mayor to execute the First Amendment to Real Estate Exchange and Development Agreement with Arizona Pavilions Development, Inc. and Ranch Holdings L.L.C. C 2: Minutes of the May 4, 2010 special council meeting LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION A 1: Ordinance No. 2010.08: Relating to Annexation; annexing into the corporate limits of the Town of Marana that territory know as the Avra Valley Road-Kai Annexation being an area containing 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 including the adjacent rights-of--way of Avra Valley Road Presented by Kevin Kish, who pointed out that the area is within the planning area of the town within the General Ptan of the town arid. a logical extension based on our efforts to work with the Count. and ether jurisdictions to grow our community. It does provide the Avra Valley Road ab~,ut ~~nc and ,~ half miles, including a bridge. One of the key components in controlling our d~vel~pment and circulation system on the major routes plan, there is a realignment o[ A~~ra Valley Road to the east of this area. To help the airport grew, we are looking to rcl~~cate Avra Valley Road down approximately a quarter of a mile and lining it up where the existing bridge is and making afour-lane highway up to Avra Valley interchange and in the future have expansion from Tangerine Farms Road connect into it. Again, with this annexation that will allow the town to control the alignment and seek funding far projects with the RTA and any other opportunities we have for funding and accomplish this within our boundaries without involving joint jurisdictional projects. Those are the major infrastructure improvements associated with this annexation and the town's future needs. The blank petitions were recorded March 16, 2010. Tonight we are looking at the annexation itself to extend the corporate boundaries. The annexation petitions include the signatures of over 50 percent of the property owners as well as over 50 percent of the value of the property. During the annexation process one of the features was translation zoning. Mr. Kish went on to explain how the town's zoning translated to the County's zoning and the elements of both of those zonings so that the town's zoning closely mirrors the County's permitted uses. He then went on to describe the current entitlements for conditional uses by the County and the town's compatible conditional uses for the proposed annexation property. He noted that Council has received a lot of Regular C uncT NfeeTing nJunet1t~070 = F~age~o~~1~n a formal presentation with rezoning information on the 2 May 18, 2010 Regular Council Meeting Minutes property, and staff is setting up a special meeting on June 22 where that information will be presented. This will be the first time staff will be presenting an application for a use of that property. They are looking at comments and separating processes for the town so that everyone understands the differences. Council Member Comerford asked for clarification that tonight's action is annexation only with the current zoning staying the same. Mr. Kish responded that this is an ordinance to annex the property. It has a translational zoning. Mayor Honea noted that he had five speaker cards on this item. He informed the audience that there had been a previous public hearing on this item, but he will be allowing a limited amount of people to speak. Albert Lannon, who spoke to the issue of DKL Holdings. David Morales addressed Council and asked the'Town Clerk to distribute a letter he wrote to the Marana News. In that letter he identified four issues regarding the proposed annexation area which he began to enumerate. He ended his comments by stating that it would be at least five years before ~u~~ site would be available. Elaine Ramirez spoke and reiterated her opposition to the landfill and is not willing to settle for anything but not having this landfill. She asked that C~>uncil listen to the information presented and gave the Town Clcrl~ 210 new signatures in apposition, which tota1845 now opposing the landfill. Betty Sue Bard spoke in oppositii~^ to the landfill, specifically regarding her daughter who has cystic fibrosis and how a landfill will cause her daughter to die, noting that her family cannot afford to move. Annie Shelberg submitted a speaker card but was unable to attend the meeting to voice her opposition to the landfill. Council Member Clanagan addressed the audience and Mrs. Bard expressing his sympathy over her daughter's condition and stated that he hoped Council would not do anything to jeopardize anyone's I fe. He noted that he has been impressed with the information and ideas people have brought forward during the process. He also noted that early in the process the developer scheduled meetings, one at town hall, and only one family showed up. Mostly; it was staff ~i ho heard the presentation. He noted that during his time on Planning &,Zoning and on the Council, developers have been encouraged to work with the neighbors to work out a solution, especially on contentious issues, to work on what.. issues can be taken off the. table and what can be cleared up, but as Mr. Kish said, the Council has really not gotten to the meat of this landfill -the information we've gotten has come from the public. He begged them to sit down with the developers and figure out what can and can't be agreed on and come up with some solid, factual reasons that this project should not go forward based on actual data that you've gathered. He further stated his confusion as to why there is a reluctance to share information, especially if the infariilation is valid -get it to the developer so that they can at least understand if the information is consistent with what they have. He further stated that the Council has done business with Mr. Racy for a number of years, and it would not be in anyone's best interest for him to bring a project forward that would in any way disadvantage the Council or the public that would be bogus or misleading and damage his professional credibility. Again, he asked the public to figure out a way to find a venue to meet and discuss some of the issues so determine what is factual and what is not factual. He did ask Mr. Cassidy for his legal opinion about what the town's exposure will be about the impact on property values that would be adverse if the landfill Regular CouncYMeeting ~3une~f, liTio - P~ge~~o~~~ot the subject of tonight's action. Frank Cassidy 3 May 18, 2010 Regular Council Meeting Minutes addressed Council again stressed that tonight's action is not about the landfill. But as a general concept, when a land use decision is made that arguably reduces the value of surrounding property, that does not even create a claim under the new Proposition 207 that was adopted in 2006. Essentially that Proposition said that if a land use action that's directed at a specific parcel of property reduces the value of that property, then the person has a claim. Even if a person proves that it affects the value of surrounding property, there is no claim. As an example, this was what was known among land use lawyers as the Wal-Mart Clause. People would say if you approve a Wal-Mart next to my property that's going to devalue my property. As a result of those arguments, the initiative-passers put an exception in Property 207 and said that the claim of compensation only goes to the property that is rezoned effectively. So under that proposition there's not a claim for a reduction in value. Under the federal Constitution, in order for thereto be a claim, it would have to be a pretty severe reduction in value, so I don't think that either of those theories is going to fly. Council Member Comerford again stressed that tonight is only an annexation, not a rezoning and not an approval for a landfill. This i~ only an annexation. Council Member Ziegler agreed with Council Member Comerford and expressed her concern that this is neither the time nor place to talk abouf property vahtes going down, but did say she expressed her appreciation for people's comments.'She stated that this is not easy for Council, but they need to let the process work, and tonight it is just annexation. There's no one on the Council who can speak to any of the organizations if they do go ahead with a landfill, the FAA, the Corps of Engineers, the ,aI )I :Q and many, many more who will weigh in on this project with authority and knowho~~~ to help Council make the decision. Again, this is annexation only. Council Member Clanagan clarified that he has a clear understanding. of what's going on, but in order for the people to keep coming to us with these concerns. he wants them to direct their questions for the opportunity to meet with the developer and their representatives and figure out what can be done as we move forward. That was the purpose of my comments. This is strictly annexation. It has nothing to do ~~-ith the landfill; but we want to give the public some recourse to take your questions and get answers. Tlie tYia~ur called for a motion. Motion to approve moved by Council Member Ziegler, second by Council Member Comerford. :'Motion carried after roll call vote S-1. Council Member McGorray voted nay and Vire ~IrcyorKai was excused. _ A 2: Resolution No. 2010-48: Relating to Streets; approving and authorizing the renaming of a segment of Camino de Mariana and a segment of Tortolita Road to "Twin Peaks Road" Presented by Keith Brann, who showed slides of the affected area, specifically from the Twin Peaks Interchange project up to Tangerine Road at the Dove Mountain intersection. He noted that the roadway project is under construction and has always been called the Camino de Mariana /Dove Mountain extension project, mainly because the alignments. In 2008 staff made a presentation to Council discussing how we would name major routes throughout the town, specifically principal arterials. Two main points that came out of that presentation and direction from Council was to avoid as much as possible principal arterials changing names throughout the community and avoid giving Regular Col~nceii`1Jfeet nganJune ~ ~age~~~ri~evelopmerit. Obviously, principal arterials go 4 May 18, 2010 Regular Council Meeting Minutes throughout the town, but we don't want one major development's name to be carried throughout other developments. So now the issue brings us back to 2008. We have a principal arterial that if it was signed exactly as it worked, we would have multiple names on a single four-lane road. He showed a slide of the current limits of Twin Peaks Road which stretches from Avra Valley through Continental Ranch and across the Twin Peaks Interchange where it currently ends at the Linda Vista intersection. Currently, Camino de Manana would pick up at the Linda Vista intersection and run up to Tangerine. There's a small piece of Manana left north of Tangerine, but the right-of--way was abandoned and Camino de Manana no longer connects with Moore Road. The Dove Mountain Boulevard right-of--way begins at Tangerine and runs north. Heading south, there was a rezone done several years ago at Hartman Hills. At that time, a significant amount ofright-of--way was acquired for the Camino de Manana project and it was acquired under the name Tortolita Road. Tortolita Road exists in the Dove Mountain community off of Moore Road. It runs northward toward Dove Mountain fire station; but Tortolita Road no longer connects south toward Tangerine. As staff grappled with this issue, we have been workin~> closely with Pima County Addressing, and between us and Pima County Addre~~ing, have determined that the name we would prefer is Twin Peaks Road continued from the interchange where it would then turn north and proceed to Dove Mountain. It would cnd its' name of Twin Peaks at Tangerine Road. The advantages of using Twin Peaks is that there are about 34 residences that currently have addresses of either Camino de Manana or Tortolita Road. Camino de Manana is considered an east/west road as is Twin Peaks, so for those addresses that directly abut the roadway project, they- «euild maintain the same east/west house number direction. They would simply have a name change. For the one resident on Tortolita, it would be a totally different address. He showed the last slide of the area which is the limits from Oasis I:<~ad at the beginning of the project where the roadway turns north at Blue Bonnet and turns toward the mountain. He described the residences with abutting frontage and how their addresses would change. The balance of the residences that do not directly ~ihiit Canino de~Manana now are going to be receiving from Pima County Addressing a namc change as they move toward better 9-1-1 response times.. Pima County Addressing is l~~l:iug to name the easements in this area. Of the 34- 35 addresses, there are about nine that will maintain their identity for numbering; the rest will have a total address change by Pima County Addressing. He again reiterated that staff has worked closely with. Pima County Addressing as late as today. Those are the reasons staff has come forward to Council tonight -mainly because the large regional nature of the Twin Peaky Road and how it would tie a significant part of the disparate regions of the community together, which has also been a goal of the town. Council Member McGorray expressed her dislike of the road being named Twin Peaks. Her arguments centered on naming a road that is 25 miles long that it's too long and inappropriate. Mayor Honea commented on a letter from Bill Hallinan, who is with Cottonwood Properties and who stated that if the interchange could be named Dove Mountain, they would be in favor of naming the road Dove Mountain, but since it did not and could not go through and listed on I-10 as Dove Mountain Boulevard, they would rather the roadway not be so named. In their letter, they noted special things that have been done in Dove Mountain with patinaed guardrails, kiosk signs limited in the Cottonwood Specific Plan. If Dove Mountain continues it still won't go to the freeway Regular Cou ciT IV~eeting~ June ~~~~l~ye ~ o~et>if you separate it at Tangerine and make it Twin Peaks to 5 May 18, 2010 Regular Council Meeting Minutes the freeway, it's going to have the same name as the interchange. He further noted comments have been received from Tortolita, Camino de Manana, etc. who do not want their address changed, noting that there is a lot of controversy. Twin Peaks coming off of Tangerine -probably half the traffic that uses Tangerine now is going to use the new road going toward Tucson. Mr. Brann made a clarification that the majority of residents who will be addressed by Pima County Addressing will face a significant change; it's a minority who will only have their name changed -not their number. Council Member Comerford stated, and Mr. Brann reiterated that the change is due to Pima County wanting to give a better emergency response time for one road name than it could for three or four. Council Member Ziegler asked for clarification of Council Member McGonay's preferred name. Mayor Honea called from the three individuals who had submitted speaker cards. Albert Manriquez addressed his concerns relative to his residence on W. Camino de Manana. It will be an inconvenience to have his addresses changed to anything other than what it is. He referred to a letter he wrote opposing the name change, stating he lived at the address since 1999 and referenced history dating back to the late 1800s. Mayor Honea wanted to clarify for. Mr. Manriquez that he was aware that the name of the road coming off the intcr•change would be Twii1 Peaks up to at least Linda Vista on the old piece of Camino do Manana. Mr. Manriquez said he was aware of that. Gary Borax stated that he lived in Dove Mountain for 10 years and his point was name recognition for Marana and the fact that Dove Mountain has brought a lot of name recognition to the community and liked the idea of keeping the Dove Mountain name. Robert McClure spoke in opposition to the name change from Camino de Manana. He has been resident of Camino de Tanana in the unincorporated area as well as an association for whom he is also speaking,. 1~c noted discussions with Pima County several years ago when his homeowner group attempted t~~ ~~et a name change and they were turned down. He spoke to legal jurisdiction and whether the town has the right to change the name of a road through unincorporated Pima County. He spoke to three sections of Pima County code where Marana does not have jurisdiction over east/west and north/south renaming. He ~~ cnt on to explain his reasoning and prior discussions with Pima County and also the feet that there are more than 34 homes affected by the addressing change. Council Member Post asked for clarification from Mr. Brann on what Mr. McClure was talking about. Mr. Brann said that there are residences that don't directly ahut Camino dc; 4lanana but have Camino de Manana addresses. He said that the 34 residences refers only to those that carry the Camino de Manana name between Blue Bonnet where the road turns north and the Twin Peaks interchange. They are not seeking to change the Camino de Mariana name east of Blue Bonnet. Mr. Brann further stated that staff went parcel by parcel through the database and checked every parcel and they are confident that the number is 34 by this action. Council Member Post asked Mr. Brann is he was working in conjunction with Pima County on this issue, so the town is not pushing its jurisdiction on Pima County residents and this is something they would also do. Mr. Brann stated yes. Council Member Post asked why Twin Peaks and not Camino de Manana, and what if the Council took no action. Mr. Brann responded regarding the difficulties and if Council took no action, we would end up with Camino de Manana from the intersection to Tangerine and would need to figure out if a segment would be Tortolita Road and if Dove Mountain would be extended south. Council Member Ziegler voiced her concern over the amount of time spent arguing about the name and asked for clarification for the different named sections and what the County would do if Marana did nothing. Speaking to Mr. McClure's concern over the County's ReguiarCou G~eetingt-rJune ~eZO'I~e~age ~~o~~lhanging an address or name, Mr. Brann stated that the 6 May 18, 2010 Regular Council Meeting Minutes town also has a 51 percent rule, but only for private party initiated street renaming -not a renaming initiated by the town itself. He was unsure of the County's policy but thought that Marana probably took its policy from the County. Council Member Ziegler spoke to the audience and noted that she was not belittling their concerns, but stated that the Council has to make decisions on what is right for the town of Marana. County residents will have to deal with the County. For the town, Council has to make decisions that make sense, and to her, taking this road and calling it three or four different names doesn't make sense. And then there is a letter that states that Cottonwood Properties don't want to drop the name of Dove Mountain south of Tangerine. She again stated that Council must do what's right for the entire town, not just for Continental Ranch or Dove Mountain or Gladden Farms. Council Member Ziegler further stated she's not stuck on a particular name. Council Member McGorray stated that maybe this can't be taken care of tonight. She took the town to task for presenting this item so quickly even though street naming of major arterials was brought to Council two years. ago. She also understood David Mehl's concerns. Council Member Comerf~~rd: ADOT says there cannot be two names at the freeway. Mr. Braun concurred. Council Member Comerford: Dove Mountain doesn't want it unless they oar come to the..freeway? Mr. Braun concurred. Council Member Comerford: The County has said regardless of what we do they are going in and naming everything for public safety reasons? Mr. Braun responded affirmatively. Council Member Comerford: Mayor I'd like to make a motion. I move to adopt the Resolution 2010-48 approving the staff recommended an authorizing the renaming of the seg~~le~lt of Camino de Marana and the segment of Tortolita Road to Twin Peaks Road. Seconc[ by Council Member2iegler. Council Member Ziegler addressed the question raised' by Mr. McClure about Pima County changing the name anyway. Mr. McClure responded from the audience about his conversations with Pima Count~~ ten years ago when they were told they could not change the name of their strut because they needed a 51 percent majority of all the existing homeowners on that road~~ ay, and they denied their request. He believes it is a violation of his property rights and d~.~e process to have the current name change foisted on him now based upon ~~hat he was told ] 0 year, ago. Council Member Post called for a point of order. Mr. Braun responded that he did receive a letter from Mr. McClure and looked up his residence, and he is in the ar~.a that is going to be actioned by Pima County regardless of what is done tonight. Mayor Honea asked for the Town Clerk to read the motion. `7 move to adopt resolution 2010-48, approving and authorizing the renaming of a segment of Camino de Marana and a segment of Tortolita Road to "Twin Peaks Road': Motion passed S-1 with Council Member McGorray voting nay. Mayor Honea addressed the audience stating that Pima County asked Marana to change the name to Twin Peaks for public safety reasons, and the town doesn't have any control over what Pima County does in those roads. 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. He gave a brief overview noting that last Tuesday was the last day the Governor had to sign bills presented by the Legislature, so he put together a summary of bills that the town worked on for or against during the last session and some of ~ l~i~h ~oin,~s2~~i ~1tur~ b~il~lis that will have to be dealt with as a result. Early Regular Count ee i une age o 7 May 18, 2010 Regular Council Meeting Minutes numbers are coming in from Prop 100, and it looks like about 60 percent in favor and 35 percent against, so it's passing by just about every county in the state. In early balloting it passed almost two to one in Maricopa County. As a result of that, we'll see what the Legislature does. There is still about $1B out of balance in the state budget. Council Member McGorray stated that there had been about a 40 percent turnout -were they getting that? Mr. Huffman stated that he didn't have those numbers yet. 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).141 ~u~d (7), discussion or consultation for legal advice with the Town's attorneys and. di~cussic~n and to consider its position and instruct the Town Manager and staff concerning ~~~~s~ihle acquisition of certain water infrastructure and accounts and water rights and/or re~our~es E 3: Executive Session pursuant to A.R.S. § 3R-4 ~ 1.03(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 concerni n ~~ (1) the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (r~~nsolidated), Maricopa County Superior Court No. CV2008-(lU 1131, (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 ADJOURNMENT Motion to adjourn moved by Coua<icil Member Clanagan, second by Council Member McGorray. ?~fntion carried ccnanimously b-(1. The meeting was adjourned at S:?2 ~~.n~. CERTIFICATION I hereby certify.. that the foregoing are the true and correct minutes of the Marana Town Council meeting held on May 18, 2010. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk Regular Council Meeting -June 1, 2010 -Page 43 of 71 8 May 18, 2010 Regular Council Meeting Minutes ~+1 ~~ ~~~ ~~ ;;,.r ~R. 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, June 1, 2010, 7:00:00 PM To: Mayor and Council Item A 1 From:. Erik Montague ,Finance Director Strategic Plan Focus Area: Commerce, Community Building, Heritage, Progress and Innovation, Recreation Subject: Resolution No. 2010-52: Presentation: Relating to Budget; adopting the fiscal year 2010-2011 tentative budget Discussion: In conformance with State law, the tentative budget must be adopted prior to the third Monday in July. The adoption of the tentative budget will set the maximum limit of expenditures (alternative expenditure limitation) for fiscal year 2010-2011. The total budget may be reduced prior to final adoption, but cannot be increased. Additionally, Mayor and Council may reallocate funding among departments and/or programs. In coordination with Mayor and Council, staff has prepared a tentative budget of $170,411,083 for fiscal year 2010-2011. This budget reflects the careful allocation of the Town's resources to Mayor and Council's goals. For the current fiscal year, Community Facilitates District's and other special districts are included within this tentative budget as they are component units. The budget has been structurally balanced with ongoing revenues used to fund ongoing expenditures. Total revenues anticipated for fiscal year 2010-2011 are $117,921,940. Fund balances will be utilized for one-time expenditures, carryover requests and capital projects. The tentative budget reflects the reduction of approximately 41.06 FTE from 342.89 positions in FY 2010 to 301.83 positions tentatively for FY2011. As described in the budget presentation to Council on April 13, 2010, these reductions were through vacancy eliminations, voluntary separations (Separation Incentive Program) and layoffs. The proposed Capital Improvement Plan (CIP) totals $123,177,450 million, or 72010, of the tentative budget. The tentative budget is presented on forms prescribed by the Auditor General. The official budget forms will be published as required for two consecutive weeks in a newspaper of general circulation along with notices of public hearing on the final budget and the property tax levy. Council will then hold a public hearing on June 15, 2010 and consider final budget adoption, thereafter. The proposed tentative budget reflects the prudent allocation of financial resources required to Regular Council Meeting -June 1, 2010 -Page 44 of 71 meet the policy direction and vision of Mayor and Council. Accordingly, staff recommends adoption of the tentative budget for fiscal year 2010-2011 at $170,411,083. Financial Impact: Establishment of the overall alternative annual expenditure limitation for fiscal year 2010-2011, as approved. ATTACHMENTS: Name: Description: Type: ~ 201_iTenativeBudgetResolution.doc 2011 Tentative Budget Resolution 2010-52 Resolution ~ 201.1. Overall Summary Tentative.pdf 2011 Budget Summary_Exhibit A Exhibit O 2011 Authorized Strength Summary Tentatve.pdf 2011 Authorized Position Summary Backup Material ~ 2011 AuditorGeneralBudgetForms.pdf 2011 Auditor General Budget Forms Backup Material ^ 201.1_ Five Year CIP Tentative.pdf CIP Schedule Backup Material Staff Recommendation: Staff reccomends approval of Resolution 2010-52 adopting the fiscal year 2010-2011 tentative budget. Suggested Motion: I move to adopt Resolution 2010-52 adopting the fiscal year 2010-2011 tentative budget. Regular Council Meeting -June 1, 2010 -Page 45 of 71 MARANA RESOLUTION N0.2010-52 RELATING TO BUDGET; ADOPTING THE FISCAL 2010-2011 TENTATIVE BUDGET WHEREAS, in accordance with the provisions of Title 42, Chapter 17, Articles 1-5, Arizona Revised Statutes (A.R.S.), the Town Council did, on June 1, 2010, make an estimate of the different amounts required to meet the public expenditures/ expenses for the ensuing year, also an estimate of revenues from sources other than direct taxation, and the amount to be raised by taxation upon real and personal property of the Town of Marana, and WHEREAS, in accordance with said chapter of said title, and following due public notice, the Council will hold a public meeting on June 15, 2010, at which meeting any taxpayer is privileged to appear and be heard in favor of or against any of the proposed expenditures/expenses or tax levies, and WHEREAS the sums to be raised by taxation as specified in the budget attached hereto as Exhibit A may not exceed, in the aggregate amount, the expenditure limitation to be set by the Council on June 15, 2010; and WHEREAS the Town of Marana established a 4% construction sales tax by the adoption of Marana Ordinance No. 2001.01, and allocated three-fourths of that amount to a separate account. to be used solely for transportation capital improvements by the adoption of Marana Resolution No. 2001-08; and WHEREAS the level of Town of Marana funding from other sources toward transportation capital improvements, together with the significant reduction in development-related revenues caused by the current economic downturn, justify a temporary re-allocation of construction sales tax revenues in the Town of Marana's 2011 budget. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the budget setting forth the estimates of revenues and expenditures/expenses, attached hereto as Exhibit A and incorporated herein by this reference, as increased, decreased or changed by the Town Council, is hereby adopted as the tentative budget for the Town of Marana for the fiscal year 2010-2011. BE IT FURTHER RESOLVED that Marana Resolution No. 2001-08 is hereby modified by allocating one half of the 4% construction sales tax collected during fiscal Regular Co~~I~i~f~~1~~~~110 -Page 46 of 71 _ 1 - Fiscal Year 2011 Budget year 2010-2011 to the general fund and the other one half to the separate account for transportation capital improvements. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 1St day of June, 2010. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regular Co~~1~i~f~~1~,,~~10 -Page 47 of 71 _ 2 - Fiscal Year 2011 Budget TOWN OF MARANA PROPOSED TENTATIVE BUDGET FISCAL YEAR 2010-2011 EXHIBIT A COMMUNITY REVOLVING DEVELOPMENT AFFORDABLE GENERAL FUND BLOCK HOUSING 1000 2000 2005 Revenues Sales taxes $ 18,983,515 $ - $ - Property taxes - - - Other agency 5,680,866 - - Licenses, fees and permits 1,676,250 - - Charges for services 873,250 - - Fines and forfeiture 735,000 - - Grants and contributions 110,950 541,000 100,000 Investment income 75,000 - - Miscellaneous 568,789 - - Total Revenues 28,703,620 541,000 100,000 Expenditures Personnel and benefits 19,105,370 - - Contracted services 4,430,443 - 75,000 Commodities 3,236,408 541,000 - Capital outlay 1,241,400 - - Debt service - - - Total Expenditures 28,013,621 541,000 75,000 Excess (deficiency) of revenues over expenditures Other financing sources (uses) Transfers in Transfers out Bond proceeds Total other financing sources (uses) 689,999 - 25,000 (2,615,706) - - (2,615,706) - - Changes in Fund Balances (1,925,707) - 25,000 Projected Beginning Fund Balance 14,500,000 - 30,000 Ending Fund Balance $ 12,574,293 $ - $ 55,000 Regular Council Meeting -June 1, 2010 -Page 48 of 71 PAGE 1 OF 9 TOWN OF MARANA EXHIBIT A PROPOSED TENTATIVE BUDGET FISCAL YEAR 2010-2011 IMPROVEMENT GRANTS AND HOME JCEF DISTRICT BONDS CONTRIBUTIONS FUND FUND 2010 2015 2016 2030 Revenues Sales taxes $ - $ - $ - $ - Property taxes - - - - Other agency - 850,000 250,000 - Licenses, fees and permits - - - - Charges for services 110,000 - - - Fines and forfeiture - 50,000 - 14,250 Grants and contributions - 204,850 - - Investment income - 1,615 - - Miscellaneous - - - - Total Revenues 110,000 1,106,465 250,000 14,250 Expenditures Personnel and benefits - 175,950 - 40,800 Contracted services 110,000 - - - Commodities - 994,373 - - Capital outlay - - 250,000 - Debt service - - - - Total Expenditures 110,000 1,170,323 250,000 40,800 Excess (deficiency) of revenues over expenditures - (63,858) - (26,550) Other financing sources (uses) Transfers in - - - - Transfers out - - - - Bond proceeds - - - - Total other financing sources (uses) - - - - Changes in Fund Balances - (63,858) - (26,550) Projected Beginning Fund Balance - 63,858 - 26,550 .Ending Fund Balance $ - $ - $ - $ - Regular Council Meeting -June 1, 2010 -Page 49 of 71 PAGE 2 OF 9 TOWN OF MARANA PROPOSED TENTATIVE BUDGET FISCAL YEAR 2010-2011 EXHIBIT A FILL-THE- LOCAL LOCAL HIGHWAY GAP TECHNOLOGY TRANSPORTATION USER FUND FUND ASSIST REVENUE 2035 2045 2055 2060 Revenues Sales taxes $ - $ - $ - $ - Property taxes - - - - Other agency - - - 1,810,902 Licenses, fees and permits - - - - Charges for services - - - - Fines and forfeiture 2,500 110,000 - - Grants and contributions - - - - Investment income - - - 7,500 Miscellaneous Total Revenues 2,500 110,000 - 1,818,402 Expenditures Personnel and benefits - 33,855 - 633,131 Contracted services - - 175,000 1,116,075 Commodities 31,000 253,000 - 145,000 Capital outlay - - - 36,910 Debt service - - - - Total Expenditures 31,000 286,855 175,000 1,931,116 Excess (deficiency) of revenues over expenditures (28,500) (176,855) (175,000) (112,714) Other financing sources (uses) Transfers in - - - - Transfers out - - - - Bond proceeds - - - - Total other financing sources (uses) - - - - Changes in Fund Balances (28,500) (176,855) (175,000) (112,714) Projected Beginning Fund Balance 28,500 176,855 350,020 1,540,590 Ending Fund Balance $ - $ - $ 175,020 $ 1,427,876 Regular Council Meeting -June 1, 2010 -Page 50 of 71 PAGE 3 OF 9 TOWN OF MARANA EXHIBIT A PROPOSED TENTATIVE BUDGET FISCAL YEAR 2010-2011 SOUTH NORTH BENEFIT DESERT BENEFTT AREA EDUCATION AREA PARK MMPC 2008 IMPACT CENTER IMPACT IMPACT BONDS FEES FUND FEES FEES FUND 2065 3000 3005 3010 3015 Revenues Sales taxes $ - $ - $ - $ - $ - Property taxes - - - - - Other agency - - - - - Licenses, fees and permits - 181,000 25,000 118,500 350,000 Charges for services - - - - - Fines and forfeiture - - - - - Grants and contributions - - - - - Investment income - 7,500 750 2,500 12,250 Miscellaneous - - - - - Total Revenues - 188,500 25,750 121,000 362,250 Expenditures Personnel and benefits 225,825 - - - - Contracted services - - - - - Commodities - - - - - Capital outlay 7,301,685 500,000 - - 1,090,739 Debt service Total Expenditures 7,527,510 500,000 - - 1,090,739 Excess (deficiency) of revenues over expenditures (7,527,510) (311,500) 25,750 121,000 (728,489) Other financing sources (uses) Transfers in - - - - - Transfers out - - - - - Bond proceeds - - - - - Total other financing sources (uses) - - - - - Changes in Fund Balances (7,527,510) (311,500) 25,750 121,000 (728,489) Projected Beginning Fund Balance 7,527,510 311,500 264,000 1,351,875 2,568,450 Ending Fund Balance $ - $ - $ 289,750 $1,472,875 $ 1,839,961 Regular Council Meeting -June 1, 2010 -Page 51 of 71 PAGE 4 OF 9 TOWN OF MARANA PROPOSED TENTATIVE BUDGET FISCAL YEAR 2010-2011 Revenues Sales taxes Property taxes Other agency Licenses, fees and permits Charges for services Fines and forfeiture Grants and contributions Investment income Miscellaneous Total Revenues Expenditures Personnel and benefits Contracted services Commodities Capital outlay Debt service EXHIBIT A CFD TRANSPORTATION PIMAASSOC 1/2 CENT CAPITAL FUND OF GOVTS SALES TAX 3500 3030 3035 3040 $ - $ 1,981,496 $ - $ - 86,832 - - - - - 2,270,000 - 150,000 - - - - 21,095 - - 236,832 2,002,591 2,270,000 - 493,654 62,000 - - - 1,500,000 - - 1,800,000 1,590,843 2,270,000 718,000 - 44,695 - - Total Expenditures 2,293,654 3,197,538 2,270,000 718,000 Excess (deficiency) of revenues over expenditures (2,056,822) (1,194,947) - (718,000) Other financing sources (uses) Transfers in - - - - Transfers out - (2,251,868) - - Bond proceeds 2,000,000 - - - Total other financing sources (uses) 2,000,000 (2,251,868) - - Changes in Fund Balances (56,822) (3,446,815) - (718,000) Projected Beginning Fund Balance 195,713 3,614,460 - 1,144,940 Ending Fund Balance $ 138,891 $ 167,645 $ - $ 426,940 Regular Council Meeting -June 1, 2010 -Page 52 of 71 PAGE 5 OF 9 TOWN OF MARANA PROPOSED TENTATIVE BUDGET FISCAL YEAR 2010-2011 Revenues Sales taxes Property taxes Other agency Licenses, fees and permits Charges for services Fines and forfeiture Grants and contributions Investment income Miscellaneous Total Revenues Expenditures Personnel and benefits Contracted services Commodities Capital outlay Debt service Total Expenditures Excess (deficiency) of revenues over expenditures Other financing sources (uses) Transfers in Transfers out Bond proceeds Total other financing sources (uses) Changes in Fund Balances Projected Beginning Fund Balance Ending Fund Balance EXHIBIT A OTHER AGENCY 3045 PIMA COUNTY BONDS 3050 REGIONAL TRANSPORTATION 3060 NORTHEAST BENEFIT AREA 3065 $ - $ - $ - $ - 37,800,000 1,373,321 17,747,425 - - - - 235,000 15,450,000 - - - - - - 1,500 53,250,000 1,373,321 17,747,425 236,500 53,250,000 1,373,321 17,747,425 - 53,250,000 1,373,321 17,747,425 - - 236,500 - - - 236,500 - - - 506,780 $ - $ - $ - $ 743,280 Regular Council Meeting -June 1, 2010 -Page 53 of 71 PAGE 6 OF ~ TOWN OF MARANA EXHIBIT A PROPOSED TENTATIVE BUDGET FISCAL YEAR 2010-2011 1997 MMPC 2003 MMPC 2004 MMPC DEBT SERIES SERIES SERIES SERVICE BONDS BONDS BONDS 4001 4002 4003 4004 Revenues Sales taxes $ - $ - $ - $ - Property taxes - - - - Other agency - - - - Licenses, fees and permits - - - - Charges for services - - - - Fines and forfeiture - - - - Grants and contributions - - - - Investment income - - - - Miscellaneous - - - - Total Revenues - - - - Expenditures Personnel and benefits - - - - Contracted services - - - - Commodities - - - - Capital outlay - - - - Debt service - 376,115 1,380,729 747,050 Total Expenditures - 376,115 1,380,729 747,050 Excess (deficiency) of revenues over expenditures - (376,115) (1,380,729) (747,050) Other financing sources (uses) Transfers in - 376,115 1,380,729 747,050 Transfers out - - - - Bond proceeds - - - - Total other financing sources (uses) - 376,115 1,380,729 747,050 Changes in Fund Balances - - - - Projected Beginning Fund Balance - - - - Ending Fund Balance $ - $ - $ - $ - Regular Council Meeting -June 1, 2010 -Page 54 of 71 PAGE 7 OF 9 TOWN OF MARANA PROPOSED TENTATIVE BUDGET FISCAL YEAR 2010-2011 EXHIBIT A 2008 MMPC TANGERINE SERIES FARMS ID CFD DEBT WATER BONDS DEBT SVC SERVICE UTILITY 4005 4006 4006 Revenues Sales taxes $ - $ - $ - $ - Property taxes - - 517,128 - Other agency - - - - Licenses, fees and permits - - - 626,000 Charges for services - - - 3,332,970 Fines and forfeiture - - - - Grants and contributions - 2,136,088 123,602 - Investment income - - - 10,000 Miscellaneous - - - 8,396 Total Revenues - 2,136,088 640,730 3,977,366 Expenditures Personnel and benefits - - - 1,164,414 Contracted services - - - 739,002 Commodities - - - 942,428 Capital outlay - - - 36,325,000 Debt service 2,672,713 2,136,088 640,730 125,089 Total Expenditures 2,672,713 2,136,088 640,730 39,295,933 Excess (deficiency) of revenues over expenditures (2,672,713) - - (35,318,567) Other financing sources (uses) Transfers in Transfers out Bond proceeds Total other financing sources (uses) 2,672,713 - - - - - - (220,433) - - - 35,250,000 2,672,713 - - 35,029,567 Changes in Fund Balances - - - (289,000) Projected Beginning Fund Balance - - 530,581 1,495,950 Ending Fund Balance $ - $ - $ 530,581 $ 1,206,950 Regular Council Meeting -June 1, 2010 -Page 55 of 71 PAGE 8 OF 9 TOWN OF MARANA PROPOSED TENTATIVE BUDGET FISCAL YEAR 2010-2011 Revenues AIRPORT Total All Funds Sales taxes $ - $ 20,965,011 Property taxes - 603,960 Other agency 357,350 68,139,864 Licenses, fees and permits - 3,211,750 Charges for services 230,000 4,546,220 Fines and forfeiture - 911,750 Grants and contributions - 18,816,490 Investment income - 139,710 Miscellaneous 10,000 587,185 Total Revenues 597,350 117,921,940 Expenditures Personnel and benefits 42,067 21,421,412 Contracted services 77,653 7,278,827 Commodities 55,576 7,698,785 Capital outlay 393,527 125,888,850 Debt service - 8,123,209 Total Expenditures 568,823 170,411,083 Excess (deficiency) of revenues over expenditures 28,527 (52,489,143) Other financing sources (uses) Transfers in - 5,176,607 Transfers out (88,600) (5,176,607) Bond proceeds - 37,250,000 Total other financing sources (uses) (88,600) 37,250,000 Changes in Fund Balances (60,073) (15,239,143) Projected Beginning Fund Balance Ending Fund Balance (3,466,650) 32,761,482 $ (3,526,723) $ 17,522,339 EXHIBIT A Regular Council Meeting -June 1, 2010 -Page 56 of 71 PAGE 9 OF 9 TOWN OF MARANA PROPOSED AUTHORIZED POSITION SUMMARY FISCAL YEAR 2010-2011 2010 2011 Department/Division/Area Amended Tentative Town Manager 10.78 9.03 Town Clerk 3.00 3.00 Human Resources 5.00 4.00 Finance 8.38 8.35 Legal 8.60 8.00 Technology Services 12.00 11.00 Development Services Admin 2.00 2.00 Permits and Records 9.13 8.50 Building Safety 6.00 5.00 Planning 7.00 7.00 Engineering 21.00 16.60 Police 111.00 104.00 Magistrate Court 13.00 13.00 Public Services Admin 7.00 5.00 Operations and Maintenance 32.00 30.00 Capital Improvement Program 14.60 12.85 Parks and Recreation 50.00 33.50 Community Development 3.00 3.00 Water 17.40 18.00 Airport 2.00 - Total 342.89 301.83 Regular Council Meeting -June 1, 2010 -Page 57 of 71 N y C N G. x w N 'C C Q k W Q = Z ~ Q ~ T ~ ~ N L > ~ d ~ } Z ~ v 0 ~ LL F N W O _N 3 m t y i C~ G E fA y W l m M o a N a ~ ~ n o ~ F y W~ Z ~ O O u7 m h rn n O b w b ao e ('} p W 0 N w N ~ n n OOi M M n j X m~w w ~ ~ Q ~ ~ O O N ~ W N V y W U m ~ rn °D o ~ o ~ N m a rn o v M Q m O u i a ~ ~ N W r i w r ~ LL O ,~ Oa 10 OO CD ~ M M OnD N Q Q H R O f- df N! 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V Z a X A a W x W fA f9 y pp~y n ~o °' M rn n rn N n a fO v ~o a m v_ ~WFNO v m o o °a M ~ ~ Q ~ZaN M O CD M _ ~ ? a OW7 Q ~ W X m X W W !R Yi ~ d d q ! ~ LL M C tll ~ ~ ~ LL M ~ C ~y Q 9 O C tL V C 3 LL N > Q m O C C 7 LL y c O LL f/1 p p Z ~ ' C C 7 ~- W d •~ N V 7 "O C W d d ~ O Z ~ LL LL O C O > V CI £ d y O O LL 7 LL O1 ~ d O- ~ J LL ~ .~ ` N'~ m a W O y N'~ = d y J Q ~ O y p OC p r m a p OC w ~ J m d ~ d r E r ;~ m c Q O C7 y fV p f7 J G V r lf7 U iC a 1~ w CD ~ C O! r C CV ~ ~ ~ O O O r ~ C Q N n n n ~ ~ N v v a v ~ a O {~+~ f09 M O ~ ~ ~ N ~ ~ ~ W fA t9 C O C ~ o E N w d C r N ~ O _ '6 O W r N c ~ E a - v axi d o m > a~i ~ a=i c = k d X = Q w0+ q .o ~ ° y `° ~ ~ d r ~ ~+ x O ~ N c ;, c °' d m x ~ x m~ d m~ m E o 0 d a d m H> O O O) N O) M p m Q m J Q W .-NMauf so d ~_ O C d W L m d m d 0 m N H 9 d N a r d r 3 O W d V tll d d d .~ v T D ~ W a w y d ~ r 9 d O ~ d d c p .~ d ~ w d d .L. N N `° ~ a v ~ c ~ D .d, r O d = ui ° c °-' 'o 'o v ~ q ~ d L O N ~' O ~ .O. O y = a o ~ ~ "" a axi '- `w d ~ d a ~ ~ C ; ~ a i N R a d oamai o~a~+ > ~ d O o ai z o, aa~~ Q o c a ~$'°~ y R C C .t.. m O d d C W W W IL 7 y ~, C ~ N C aid N O N w C Q W ~ N W C ~ y ~ p ? d 3 E o a C W N N N W r d a .~. N W W L W m w ~" 0/ d C .~+ 7 7 O N c c a c n 0 N a 0 O N N 7 c .~ d ~U O U f6 7 d Q W J O W 2 U y O TOWN OF MARANA Summary of Tax Levy and Tax Rate Information Fiscal Year 2011 2010 2011 1. Maximum allowable primary property tax levy. A.R.S. §42-17051 (A) $ $ 2. Amount received from primary property taxation in the current year in excess of the sum of that year's maximum allowable primary property tax levy. A.R.S. §42-17102(A)(18) $ 3. Property tax levy amounts A. Primary property taxes $ $ B. Secondary property taxes 692,116 603,960 C. Total property tax levy amounts $ 692,116 $ 603,960 4. Property taxes collected* A. Primary property taxes (1) Current year's levy $ (2) Prior years' levies (3) Total primary property taxes $ B. Secondary property taxes (1) Current year's levy $ (2) Prior years' levies (3) Total secondary property taxes $ C. Total property taxes collected $ 5. Property tax rates A. City/Town tax rate (1) Primary property tax rate (2) Secondary property tax rate 2.8000 2.8000 (3) Total city/town tax rate 2.8000 2.8000 B. Special assessment district tax rates Secondary property tax rates - As of the date the proposed budget was prepared, the city/town was operating four special assessment districts for which secondary property taxes are levied. For information pertaining to these special assessment districts and their tax rates, please contact the city/town. * Includes actual property taxes collected as of the date the proposed budget was prepared, plus estimated property tax collections for the remainder of the fiscal year. Regular Council Meeting -June 1, 2010 -Page 59 of 71 4/08 SCHEDULE B TOWN OF MARANA Summary by Fund Type of Revenues Other Than Property Taxes Fiscal Year 2011 ESTIMATED ACTUAL ESTIMATED REVENUES REVENUES' REVENUES SOURCE OF REVENUES 2010 2010 2011 GENERAL FUND Local taxes Sales taxes $ 20,595,960 $ 18,870,495 $ 18,983,515 Licenses and permits Building and development fees 1,624,550 1,779,900 1,372,200 Business and license fees 150,000 120,625 125,000 Franchise fees 278,500 307,450 300,000 Intergovernmental State shared sales tax 2,054,630 1,947,035 2,004,971 Urban revenue sharing 3,450,375 3,450,375 2,600,828 Auto lieu 1,099,830 1,.058,925 1,065,067 Charges for services Park and recreation fees 360,590 230,840 290,500 Fines and forfeits Court fines and fees 769,975 697,865 735,000 Interest on investments Investment income 151,260 79,955 75,000 Miscellaneous Other miscellaneous income 819,425 454,535 568,789 Lease income 493,300 535,290 582,750 Total General Fund $ 31,848,395 $ 29,533,290 $ 28,703,620 Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. Regular Council Meeting -June 1, 2010 -Page 60 of 71 4/08 SCHEDULE C Page 3 of 10 TOWN OF MARANA Summary by Fund Type of Revenues Other Than Property Taxes Fiscal Year 2011 ESTIMATED ACTUAL ESTIMATED REVENUES REVENUES* REVENUES SOURCE OF REVENUES 2010 2010 2011 SPECIAL REVENUE FUNDS Highway User Revenue Fund Highway user revenue $ 1,801,650 $ 1,795,650 $ 1,810,902 Investment income 3,650 7,500 Total Highway User Revenue Fund $ 1,801,650 $ 1,799,300 $ 1,818,402 Local Transportation Assistance Fund Local transportation assistance $ 205,285 $ 171,082 $ Total Local Transportation Assistance Fund $ 205,285 $ 171,082 $ MANTIS $ 61,975 $ $ H I DTA 52,000 Auto Theft 61,975 CDBG 400,000 100,000 541,000 Affordable Housing Revolving Fund 2,546 77,000 100,000 Local JCEF 14,250 16,030 14,250 Local Technology Enhancement Fund 107,060 114,180 110,000 Fill the Gap 2,500 3,950 2,500 RICO 30,515 47,000 Other Grants 900,000 347,950 1,106,465 HOME 250,000 250,000 $ 1,882,821 $ 706,110 $ 2,124,215 Total Special Revenue Funds $ 3,889,756 $ 2,676,492 $ 3,942,617 ' Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. Regular Council Meeting -June 1, 2010 -Page 61 of 71 4/08 SCHEDULE C Page 4 of 10 TOWN OF MARANA Summary by Fund Type of Revenues Other Than Property Taxes Fiscal Year 2011 ESTIMATED ACTUAL REVENUES REVENUES" SOURCE OF REVENUES 2010 2010 DEBT SERVICE FUNDS ESTIMATED REVENUES 2011 $ 3,407,588 $ 3,406,808 $ 2,776,818 Total Debt Service Funds $ 3,407,588 $ 3,406,808 $ 2,776,818 CAPITAL PROJECTS FUNDS Tan Brine Farms Road Im rovement Dist. $ 2,136,858 $ 2,136,858 $ 2,136,088 Other Debt Service Funds 630,000 630,000 CFD Debt Service 640,730 639,950 640,730 Transportation Fund $ 3,631,245 $ 2,350,755 $ 2,002,591 1/2 Cent Sales Tax Fund Impact Fee Funds 563,243 1,404,475 934,000 Other Capital projects funds 71,439,000 27,957,450 74,640,746 $ 75,633,488 $ 31,712,680 $ 77,577,337 Tangerine Farms Road Improvement Dist. $ 113,371 $ 107,285 $ 110,000 Investment Income CFD Capital Projects 432,303 69,450 236,832 $ 545,674 $ 176,735 $ 346,832 Total Capital Projects Funds $ 76,179,162 $ 31,889,415 $ 77,924,169 "` Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. Regular Council Meeting -June 1, 2010 -Page 62 of 71 4/08 SCHEDULE C Page 5 of 10 TOWN OF MARANA Summary by Fund Type of Revenues Other Than Property Taxes Fiscal Year 2011 ESTIMATED ACTUAL ESTIMATED REVENUES REVENUES* REVENUES SOURCE OF REVENUES 2010 2010 2011 ENTERPRISE FUNDS Water Fund Charges for services $ 2,804,247 $ 2,861,610 $ 3,355,970 Water Impact Fees 272,000 551,850 603,000 Interest 9,600 6,675 10,000 Miscellaneous 8,396 $ 3,085,847 $ 3,420,135 $ 3,977,366 Airport Fund User Fees $ 240,000 $ 204,225 $ 240,000 Grants 5,585,318 357,350 $ 5,825,318 $ 204,225 $ 597,350 Total Enterprise Funds $ 8,911,165 $ 3,624,360 $ 4,574,716 * Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. TOTAL ALL FUNDS $ 124 236 066 $ 71 130 365 $ 117 921 940 * Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. Regular Council Meeting -June 1, 2010 -Page 63 of 71 4/08 SCHEDULE C Page 6 of 10 TOWN OF MARANA Summary by Fund Type of Other Financing Sources/<Uses> and Interfund Transfers Fiscal Year 2011 OTHER FINANCING INTERFUND TRANSFERS 2011 2011 FUND SOURCES <USES> IN <OUT> GENERAL FUND Series 1997 Debt $ $ $ $ 155,682 Series 2003 Debt 1,380,729 Series 2004 Debt 747,050 Series 2008 Debt 332,245 Other Grants Airport Total General Fund $ $ $ $ 2,615,706 SPECIAL REVENUE FUNDS $ $ $ $ Total Special Revenue Funds $ $ $ $ DEBT SERVICE FUNDS Series 1997 Debt $ $ $ 376,115 $ Series 2003 Debt 1,380,729 Series 2004 Debt 747,050 Series 2008Debt 2,672,713 Total Debt Service Funds $ $ $ 5,176,607 $ CAPITAL PROJECTS FUNDS Transportation fund $ $ $ $ 2,251,868 CFD Capital 2,000,000 Total Capital Projects Funds $ 2,000,000 $ $ $ 2,251,868 PERMANENT FUNDS $ $ $ $ Total Permanent Funds $ $ $ $ ENTERPRISE FUNDS Water Utility $ 35,250,000 $ $ $ 220,433 Airport 88,600 Total Enterprise Funds $ 35,250,000 $ $ $ 309,033 INTERNAL SERVICE FUNDS $ $ $ $ Total Internal Service Funds $ $ $ $ Regular Council Meeting -June 1, 2010 - Page 64 of 71 4/08 SCHEDULE D TOWN OF MARANA Summary by Fund Type of Other Financing Sources/<Uses> and Interfund Transfers Fiscal Year 2011 OTHER FINANCING INTERFUND TRANSFERS 2011 2011 FUND SOURCES <USES> IN <OUT> TOTAL ALL FUNDS $ 37,250,000 $ $ 5,176,607 $ 5,176,607 Regular Council Meeting -June 1, 2010 -Page 65 of 71 4/08 SCHEDULE D TOWN OF MARANA Summary by Department of Expenditures/Expenses Within Each Fund Type Fiscal Year 2011 FUND/DEPARTMENT GENERAL FUND Non-departmental $ 3,144,082 $ Mayor and Council 239,882 Town Manager 1,178,734 Town Clerk 232,008 Human Resources 478,610 Finance and Accounting 697,444 Legal 796,490 Public Information Office 87,628 Technology Serivices 1,707,122 Development Services Admin 421,002 Permits and Records Building Sa_ fery 835,385 Planning 919,758 Engineering 1,536,853 Police 9,327,869 Courts 990,272 Public Services Admin Public Works 2,545,773 Capital Improvements Division Parks and Recreation 3,702,695 Ecomonic Development Community Development 223,716 182,330 202;313 Capital Outlay 1,407,353 (189,500) 876,515 1,241,400 Total General Fund $ 30,472,676 $ $ 26,645,980 $ 28,013,621 SPECIAL REVENUE FUNDS HURF $ 2,326,911 $ LTAF 225,285 MANTIS 61,975 H I DTA 52,000 Auto Theft 61,975 CDBG 400,000 Afforable Housing Revolving Fd. 200,000 Local JCEF 40,800 Local Tech Enhancement Fund 253,000 Fill-the-Gap 31,000 RICO 94,373 HOME 250,000 Other Grants 1,000,000 Total Special Revenue Funds $ 4,997,319 $ DEBT SERVICE FUNDS Series 1997 Debt $ 383,728 $ Series 2003 Debt 1,385,278 Series 2004 Debt 633,425 Series 2008 Debt Tangerine Farms ID Debt 1,949,463 CFD Debt 2,136,858 Other Debt 640,730 ADOPTED EXPENDITURE/ BUDGETED EXPENSE EXPENDITURES/ ADJUSTMENTS EXPENSES APPROVED 2010 2010 ACTUAL EXPENDITURES/ EXPENSES* 2010 BUDGETED EXPENDITURES/ EXPENSES 2011 $ 1,874,650 $ 3 509 320 224,210 259,773 1,119,435 971,894 213,575 376,693 438,880 404,178 678,350 709,988 659,450 752,282 1,404,690 1,499,730 159,675 180,389 464,730 472,374 (110,905) 408,005 473,071 448 780 486,155 111,405 1,387,995 1,377,672 8,775,295 8,920,634 845,645 921,869 422,050 411,704 199,500 2,722,750 2,139,225 (10,500) 3,338,970 2,702,957 $ 1,394,540 $ 1,931,116 162,180 175,000 100,000 541,000 8,500 75,000 27,850 40,800 286,855 31,000 47,000 250,000 347,950 1,170,323 $ 2,088 020 $ 4,501,094 $ 383,728 $ 376,115 1,385,278 1,380,729 633,425 747,050 2,672,713 1,949,463 2,136,088 540,560 640,730 630,000 925,117 Total Debt Service Funds $ 8,054,599 $ CAPITAL PROJECTS FUNDS Transportation Fund $ 2,796,695 $ 1 /2 Cent Sales Tax 2,000,000 Impact Fee Funds 7,966,000 HELP Loan Fund Tangerine Farms ID 136,685 Other Capital Protects 90,494,094 CFD Capital Projects 4,047,000 Total Capital Projects Funds $ 107,440,474 $ ENTERPRISE FUNDS Water Operating $ 2,641,930 $ Water Capital 35,441,435 Airport Operating 375,468 Airport Capital 5,932,583 Total Enterprise Funds $ 44,391,416 $ TOTAL ALL FUNDS $ 195,356,484 $ $ 5,522,454 $ 7,953,425 $ 3,310,480 $ 3,197,538 1,210,950 718,000 189,450 1,590,739 36,750 110,000 27,957,450 82,168,256 12,590 2,293,654 $ 32,717,670 $ 90,078,187 $ 2,589,910 $ 3,153,933 1,020,455 36,142,000 295,350 211,473 510,670 357,350 $ 4,416,385 $ 39,864,756 $ 71,390,509 $ 170,411,083 Includes actual expenditures/expenses recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated expenditures/expenses for the remainder of the fiscal year. Regular Council Meeting -June 1, 2010 -Page 66 of 71 4/08 SCHEDULE E TOWN OF MARANA Summary by Department of Expenditures/Expenses Fiscal Year 2011 ADOPTED EXPENDITURE/ BUDGETED EXPENSE ACTUAL BUDGETED EXPENDITURES/ ADJUSTMENTS EXPENDITURES/ EXPENDITURES/ EXPENSES APPROVED EXPENSES* EXPENSES DEPARTMENT/FUND 2010 2010 2010 2011 Non-departmental General Fund $ 3,144,082 $ $ 1,874,650 $ 3,509,320 Tangerine Farms ID 136,685 36,750 110,000 Capital Projects 1,548,000 478,950 850,000 Other Grants 1,000,000 347,950 LTAF Department Total $ 5,828,767 $ $ 2,738,300 $ 4,469,320 Court General Fund $ 990 272 $ $ 845x,645 $ 921,869 Local JCEF 40,800 27,850 40,800 Fill-the-Gap 31,000 31,000 Local Tech Enhancement Fund 253,000 286,855 Department Total $ 1,315,072 $ $ 873,495 $ 1.280,524 Public Works General Fund $ 1,467,568 $ $ 2,722,750 $ 2,139,225 Capital Projects 287,825 HURF 2,328,911 1,394,540 1,894,206 Department Total $ 3.796,479 $ $ 4,117,290 $ 4,321,256 Community Development General Fund 223,716 182,330 202,313 CDBG 400,000 100,000 541,000 Revolving Affordable Housing 200,000 8,500 75,000 HOME 250x000 LTAF 225,285 162,180 175,000 Captial Projects 1,300,000 Department Total $ 1,049,001 $ $ 162,180 $ 1,725,000 Police General Fund $ 9,327,869 $ $ 8,775,295 $ 8,920,634 Other Grants 320,323 RICO 94,373 HIDTA 52,000 47,000 MANTIS 61,975 Auto Theft 61,975 Department Total $ 9,598,192 $ $ 8,822,295 $ 9,240,957 * Includes actual expenditures/expenses recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated expenditures/expenses for the remainder of the fiscal year. Regular Council Meeting -June 1, 2010 -Page 67 of 71 4/08 SCHEDULE F H V i1 3~1 ^~ Cd LZI W •N CCU o I.y rl ci 0 N w O O O O O O O c0 C O O M O B ~--~ O O O M O O O O O O O O O M O O O O O o0 O r+ O ~--~ O O O O O o0 O O O O O O O O ~ O O M ~.["~ V' N O O V O H O c0 O O O 00 O cr 0 0 0 0 O ~n O O V' ~ M ~ ~ ~? 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CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, June 1, 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: Le islativ_e/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: Name: Description: Type: No Attachments Available 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 -June 1, 2010 -Page 71 of 71