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HomeMy WebLinkAbout06/05/2007 Council Agenda Packet COUNCIL MEETING NOTICE AND AGENDA Council Chambers 115SSW. Civic Center Drive, Marana, Arizona 85653 June 5, 2007, at or after 7:00-p.m. - Ed Honea, Mayor Herb Kai, Vice Mayor Council Members Russell Clanagan Patti Comerford Tim Escobedo Carol McGorray Roxanne Ziegler ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items appear in italics. AS A COURTESY TO OTHERS. PLEASE TURN OFF OR. PUT IN SILENT MODE ALL PAGERS AND CELL PHONES. Welcome to this Marana Council meeting. Regular Council meetings. are usually held the first and third Tuesday of each month at 7:00 p.m. at the Marana Town Hall, although the date or time may change, or Special Meetings may be called at other times and/or places. Contact Town Hall or watch for posted agendas for other meetings. This agenda may be revised up to 24 hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda. If you are interested in speaking to the Council during Call to the Public, Public Hearings, or other agenda items, you must fill out a speaker card (located in the lobby outside the Council Chambers) and deliver it to the Town Clerk prior to the convening of the meeting. All persons attending the Council meeting, whether speaking to the Councilor not, are expected to observe the Council Rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. To better serve the citizens of Marana and others attending our meetings, the Council Chambers are wheelchair and handicapped accessible. Any person who, by reason of any disability, is in need of special services as a result of their disability, such as assistive listening devices, agenda materials printed in Braille or large print, a signer for the hearing impaired, etc., will be accommodated. Such special services are available upon prior request to the Town Clerk at least 10 working days prior to the Council meeting. Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online at www.marana.com. by linking to the Town Clerk page under Agendas, Minutes and Ordinances. For questions about the Council meetings, special services or procedures, please contact the Town Clerk, at 382-1999, Monday through Friday from 8:00 a.m. to 5:00 p.m. Posted no later than June 4, 2007, 7:00 p.m., at the Marana Municipal Complex, the Marana Operations Center and at www.marana.com under Town Clerk, Agendas, Minutes and Ordinances. COUNCIL MEETING NOTICE AND AGENDA Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 June 5, 2007, at or after7:UU p.m. REGULAR MEETING A. CALL TO ORDER AND ROLL CALL B. PLEDGE OF ALLEGIANCE AND INVOCATION/MOMENT OF SILENCE c. APPROVAL OF AGENDA D. CALL TO THE PUBLIC At this time any member of the public is allowed to address the Town Council on any issue not already on tonight's agenda. The speaker may have up to three minutes to speak. Any persons wishing to address the Council must complete a speaker card located outside the Council Chambers and deliver it to the Town Clerk prior to the commencement of the meeting. Pursuant to the Arizona Open Meeting Law, at the conclusion of Call to the Public, individual members of the council may respond to criticism made by those who have addressed the Council, may ask staff to review the matter, or may ask that the matter be placed on a future agenda. E. PRESENTATIONS ANNOUNCEMENTS/UPDATES PROCLAMATIONS F. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS G. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS H. STAFF REPORTS GENERAL ORDER OF BUSINESS I. 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. 1. Resolution No. 2007-86: Relating to Municipal Court; approving and authorizing the Mayor to execute an intergovernmental agreement with Pima County, the City of Tucson, the Town ofOro Valley, the City of South Tucson and the Town of Sahuarita for the establishment of a centralized bail COUNCIL MEETING NOTICE AND AGENDA Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 June 5, 2007, at orifter 7:00 p.m. ~ _ m~ bond acceptance service at the Pima County Adult Detention Center (Jane Fairall) 2. Resolution No. 2007-87: Relating to Public Works; approving and authorizing the intergovernmental agreement between Pima County and the Town of Marana for the cooperative maintenance of certain highways within the parties' respective jurisdictions (Barbara Johnson) 3. Resolution No. 2007-88: Relating to Community Development; approving and authorizing execution of an intergovernmental agreement with Pima County for Community Development Block Grant and HOME Investment Partnership renewal through June 30, 2010 (T. Van Hook) 4. Resolution No. 2007-89: Relating to the Police Department; approving and authorizing application for funding from the Governor's Office of Highway Safety under the Highway Safety Plan (U.S. Code Title 23, Section 402) for the Marana Child Safety Program (Richard Vidaurri) 5. Resolution No. 2007-90: Relating to the Police Department; approving and authorizing execution of a grant agreement with the Governor's Office of Highway Safety for funding a new motor unit under the Highway Safety Plan (U.S. Code Title 23, Section 402) (Richard Vidaurri) 6. a. Ordinance No. 2007.14: Relating to Animal Control; amending Title 6 of the Marana Town Code, Section 6-3-5 regarding dog waste removal; and declaring an emergency (Jane Fairall) b. Resolution No. 2007-91: Relating to Animal Control; declaring the revisions to Town Code Title 6 adopted by Marana Ordinance No. 2007.14 as a public record filed with the Town Clerk; and declaring an emergency (Jane Fairall) 7. Minutes of the May 16, 2007 regular meeting. J. COUNCIL ACTION 1. a. Ordinance No. 2007.15: Relating to Parks and Recreation; amending Title 13 ofthe Marana Town Code, sections 13-1-3 and 13-1-4 regarding possession and discharge of firearms and other weapons in Town public parks; and declaring an emergency (Jane Fairall) b. Resolution No. 2007-92: Relating to Parks and Recreation; declaring the revisions to Town Code Title 13 adopted by Marana Ordinance No. 2007.15 as a public record filed with the Town Clerk; and declaring an emergency (Jane Fairall) COUNCIL MEETING NOTICE AND AGENDA Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 June 5, 200~at or after 7:OU-p:m. 2. Resolution No. 2007-93: Relating to Public Works; approving and authorizing the implementation of a Capital Improvement Program Manual to assist in the coordination of community planning, financial capacity and physical development of the Town of Marana (Barbara Johnson) 3. Resolution No. 2007-94: Relating to Economic Development; approving and authorizing a Contract for Services with the Marana Chamber of Commerce (Jim DeGrood) 4. Resolution No. 2007-95: Relating to Development; approving and authorizing a preliminary plat for Whitney Farms (Kevin Kish) 5. Resolution No. 2007-96: Relating to Real Estate; establishing the Learning Farm; approving and authorizing the Mayor to execute a lease and use agreement with the Community Food Bank relating to the Learning Farm; repealing Resolution No. 2007-84, adopted on May 16, 2007, which addressed a different version of the Community Food Bank lease and use agreement; and declaring an emergency (Jane Fairall) 6. Resolution No. 2007-83: Relating to Development; approving and authorizing a preliminary plat for Marana 59. This item was previously heard on May 16, 2007 and continued to this date (Kevin Kish) K. BOARDS, COMMISSIONS AND COMMITTEES 1. Resolution No. 2007-96: Relating to Boards, Commissions and Committees; appointing Ed McCauley to the Town of Marana Public Safety Personnel Retirement Board (Jocelyn Bronson) 2. Boards. Commissions and Committees: Procedure for appointments to the Citizens Advisory Commissions (Jocelyn Bronson) L. ITEMS FOR DISCUSSION/POSSIBLE ACTION 1. State Le2islative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature (Mike Reuwsaat) 2. Relating to the proposed Saguaro Springs CFD; discussion and direction concerning the permissible extent of CFD assessment bond assessments over and above the CFD general obligation bond assessment (Frank Cassidy) COUNCIL MEETING NOTICE AND AGENDA Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 JUlie5;~007, at or after 7:00 p.m. M. EXECUTIVE SESSIONS Executive Session pursuant to A.R.S. ~38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. N. FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion of what items to place on the agenda, if three or more council members request an item to be placed on the agenda, it must be placed upon the agenda for the second regular town council meeting after the date of the request (Marana Town Code, Title 2, Chapter 2-4, Section 2-4-2 B) O. ADJOURNMENT TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: June 5, 2007 AGENDA ITEM: I. 1 TO: MAYOR AND COUNCIL FROM: Jane Fairall, Deputy Town Attorney SUBJECT: Resolution No. 2007-86: Relating to Municipal Court; approving and authorizing the Mayor to execute an intergovernmental agreement with Pima County, the City of Tucson, the Town of Oro Valley, the City of South Tucson and the Town of Sahuarita for the establishment of a centralized bail bond acceptance service at the Pima County Adult Detention Center. DISCUSSION This item approves an intergovernmental agreement (IGA) between the Town, Pima County and several surrounding municipalities for the establishment of a centralized bail bond acceptance service at the Pima County jail. Until recently, the Clerk of the Pima County Superior Court col- lected bail bonds at the jail for surrounding area courts. However, in February 2007, the Clerk's Office announced that it would no longer perform this service for courts other than Superior Court (copy of letter from the Clerk's Office attached). As a result of this announcement, the Pima County jail decided to staff positions at the jail to collect bail bonds for other courts. The proposed IGA sets forth the services that will be provided by the jail's bail bond acceptance staff. In addition, the agreement provides that each court shall pay an amount for the bail bond acceptance service that is proportionate to the level of bond service provided to the court. For the Marana Municipal Court, the amount is $1,890.50 for the first year of the agreement. The agreement can be extended for four additional one-year periods and the costs will be reevaluated and modified at that time, if necessary. RECOMMENDATION Staff recommends adoption of Resolution No. 2007-86, approving and authorizing the Mayor to execute the IGA with Pima County and other area municipalities to establish a centralized bail bond acceptance service at the Pima County jail. . ATTACHMENTS Intergovernmental agreement; letter from Clerk of the Superior Court, Pima County SUGGESTED MOTION I move to adopt Resolution No. 2007-86. {00004918.DOC I} JHF 5125107 MARANA RESOLUTION NO. 2007-86 RELATING TO MUNICIPAL COURT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY, THE CITY OF TUCSON, THE TOWN OF ORO V ALLEY, THE CITY OF SOUTH TUCSON AND THE TOWN OF SAHUARITA FOR THE ESTABLISHMENT OF A CENTRALIZED BAIL BOND ACCEPTANCE SERVICE AT THE PIMA COUNTY ADULT DETENTION CENTER. WHEREAS the Marana Municipal Court desires to accept and process bail bonds at the Pima County Adult Detention Center for Marana Municipal Court cases; and WHEREAS the Pima County Sheriff s Department will provide staff to accept cash and surety bail bonds at the Pima County Adult Detention Center for various municipalities in Pima County and to disburse the funds to the appropriate judicial authority, thereby establishing a central- ized bail bond acceptance service at the jail; and WHEREAS the Mayor and Council ofthe Town of Maran a feel it is in the best interests of its citizens to enter into this intergovernmental agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the intergovernmental agreement between the Town of Maran a and Pi- ma County, the City of Tucson, the Town ofOro Valley, the City of South Tucson and the Town of Sahuarita attached to and incorporated by this reference in this resolution as Exhibit A is hereby ap- proved, and the Mayor is hereby authorized to execute it for and on behalf ofthe Town of Mar ana. IT IS FUR THER RESOLVED that the Town's Manager and staff are hereby directed and au- thorized to undertake all other and further tasks required or beneficial to carry out the terms, obliga- tions, and objectives of the intergovernmental agreement. PASSED and ADOPTED by the Mayor and Council ofthe Town of Marana, Arizona, this 5th day of June, 2007. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney {00004910.DOC I} JHF 5125107 - ~ '1'-" Office of the Clerk of the Superior Court Pima County Pima County Superior Court Building 110 West Congress Tucson, Arizona 8570f-1317 ,I,; Patricia A. Noland Clerk of the Superior Court Tel: (520) 740-3201 Fu:: (520) 740-jS31 February 2, 2007 rw Mr. Joe Teta Court Administrator Town of Marana 11555 W~Civic Center Dr. Marana, AZ 85653-7007 '.' Dear Mr. Teta: For many years the Clerk of the Superior Court has been collecting bail bonds (appe(;!rance bonds) for other .90urtea.tities in Pima'C9unty. Sometime ago, I obtained an informal Attorney <?eneral Opinion stating that under Court Rule,. the only bond postings for which this office has responsibility is on cases pending in the Superior Court. Due to aj,(eorganization of this office; and financial constraints, we will no longer -be<cmle to perform this task for the Pima County Justice Court and other City Courts in Pima County. . Please be advised that your Court should be ready to take over this responsibility beginning Monday, March 16,2007. If you need assistance with the Bail Bond program that we developed in conjunction with all of the courts, please contact Sean Abrigo our IT Division Director at 740-3271. You can also contact Ray Vermeulen, Finance Direct at 740-3225 for assistance or information on pick-up of monies from the Pima County Sheriffs Department. We look forward to working with you on a smooth transition of this function. Sincerely, Patricia A. Noland Clerk of the Superior Court Intergovernmental Agreement Between Pima County, City of Tucson, Town ofOro Valley, Town of Marana, City of South Tucson, and the Town of Sahuarita For The Establishment of a Centralized Bail Bond Acceptance Service This Intergovernmental Agreement ("IGA") is entered into by and between Pima County, a body politic and corporate of the State of Arizona ("County"); the City of Tucson, a municipal corporation; the Town ofOro Valley, a municipal corporation; the Town of Maran a, a municipal corporation; the City of South Tucson, a municipal corporation; and the Town of Sahuarita, a municipal corporation; pursuant to A.R.S. ~ 11-952. Recitals A. WHEREAS the Parties to this IGA desire to enter into a collective agreement to establish a centralized bail bond acceptance service; and B. WHEREAS the County and municipal corporation Parties may contract for services and enter into agreements with one another for joint or Cooperative action pursuant to A.R.S. ~ 11-952, et seq.; and C. WHEREAS the establishment of a centralized bail bond acceptance service will be in the best interests of the Parties and the citizens of Pima County. NOW, THEREFORE, the Parties, pursuant to the above, do mutually agree as follows: Agreement 1. Purpose The purpose of this Agreement is to establish a single location where cash and surety bail bonds for individuals incarcerated on criminal or civil charges originating from the various municipal jurisdictions in Pima County will be accepted from the public and then disbursed to the appropriate judicial authority. II. Obligations of the Parties The Pima County Sheriffs Department (PCSD) will accept cash and surety bail bonds for individuals incarcerated in the Pima County Adult Detention Center (pCADC). Cash and surety bonds will be accepted at the PCADC twenty-four (24) hours per day, seven (7) days per week. Property bonds and bonds for individuals incarcerated in other detention facilities will not be accepted. Each day the PCADC shall fax each court copies of the bond release orders as the bonds are posted. Each week Pima County shall disburse bond funds received to the appropriate courts. 1 The Parties agree to collectively fund four (4) full-time intake support positions and one (1) part-time accountant position to staff and operate the centralized bond acceptance service at the PCADC. The positions shall be staffed by employees of Pima County. Each Party shall provide an amount based on the current level of bond service provided to that jurisdiction. The costs of the centralized bond acceptance service and the level of bond service provided to the Parties shall be evaluated annually and the amounts modified, if appropriate, for successive terms of this Agreement. For the initial term of this Agreement the amount provided by each Party shall be as follows: Pima County Consolidated Justice Court Tucson City Court Marana Municipal Court Oro Valley Magistrate Court South Tucson Municipal Court Sahuarita Municipal Court Green Valley Justice Court Ajo Justice Court $28,357.50 $17,014.50 $ 1,890.50 $ 1,890.50 $ 1,890.50 $ 1,890.50 $ 1,890.50 $ 1,890.50 These amounts shall remain in effect unless modified as provided in this Agreement by formal written amendment executed by the Parties. In the event this Agreement is to be extended for an additional term, the PCSD shall submit invoices to each Party thirty (30) days prior to the end of the fiscal year for the current term. Each Party shall submit payment in one lump sum to Pima County within sixty (60) days of the beginning of the new fiscal year for the successive term of this Agreement. In. Term This Agreement shall be for an initial term of one year, effective on the date it is recorded with the Pima County Recorder, following execution by all Parties. The Parties shall have the option to extend the term of this Agreement for four (4) additional one (1) year periods by formal written amendment executed by the Parties. IV. Termination A Party may terminate its participation in this Agreement by providing written notice to the other Parties thirty (30) days prior to termination. V. Insurance Each Party shall obtain and maintain at its own expense, during the entire term of such Party's participation in this Agreement, 2 I i j I I I a) Commercial General Liability in the amount of $2,000,000.00 combined, single limit Bodily Injury and Property damage. The Parties may provide such coverage through self insurance programs authorized by Arizona Law. VI. Indemnification To the extent permitted by law, each Party (as "indemnitor") agrees to indemnify, defend and hold harmless each of the other Parties (as "indemnitee(s)") from and against any and all claims, losses, liability, costs, or expenses, including reasonable attorney's fees (hereinafter collectively referred to as "claims") arising out of bodily injury, including death, or property damage, but only to the extent that such claims which result in vicarious/derivative liability to the indemnitee(s), are caused by the act, omission, negligence, misconduct, or other fault of the indemnitor, its officers, officials, agents, employees or volunteers. VII. Compliance with Laws The Parties shall comply with all federal, state and loca1laws, rules, regulations, standards and Executive Orders, without limitation to those designated within this Agreement. The laws and regulations of the State of Arizona shall govern the rights of the parties, the performance of this Agreement and any disputes hereunder. Any action relating to this Agreement shall be brought in any court of competent jurisdiction. VIII. Non-Discrimination In performance of this Agreement the Parties shall not discriminate against any County employee, client or any other individual in any way because of that person's age, race, creed, color, religion, sex, disability or national origin in the course of carrying out their duties pursuant to this Agreement. The Parties shall comply with the provisions of Executive Order 75-5, as amended by Executive Order 99-4, which is incorporated into this Agreement by reference, as if set forth in full herein. IX. ADA The Parties shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 D.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. X. Severability If any provision of this Agreement, or any application thereof to the parties or any person or circumstances, is held invalid, such invalidity shall not affect other provisions or applications of this Agreement which can be given effect, without the invalid provision or application and to this end the provisions of this Agreement are declared to be severable. 3 XI. Conflict of Interest This Agreement is subject to cancellation for conflict of interest pursuant to A.R.S. ~ 38- 511, the pertinent provisions of which are incorporated herein by reference. XII. Legal Authority No Party warrants to the other its legal authority to enter into this Agreement. If a court, at the request of a third person, should declare that either Party lacks authority to enter into this Agreement, or any part of it, then the Agreement~ or parts of it affected by such order, shall be null and void, and no recovery may be had by either Party against the other for lack of performance or otherwise. XIII. No Joint Venture It is not intended by this Agreement to, and nothing contained in this Agreement shall be construed to, create any partnership, joint venture or employment relationship between the Parties or create any employer-employee relationship between one Party's employees, and any other party hereunder. No Party shall be liable for any debts, accounts, obligations or other liabilities whatsoever of the others. XIV. No Third Party Beneficiaries Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the legal liability of either Party to the Agreement by imposing any standard of care with respect to the maintenance of public facilities different from the standard of care imposed by law. xv. Counterparts This Agreement may be executed in any number of counterparts and each counterpart shall be deemed an original, and together such counterparts shall constitute one and the same instrument. XVI. Entire Agreement This document constitutes the entire Agreement between the Parties pertaining to the subject matter hereof, and all prior or contemporaneous agreements and understandings, oral or written, are hereby. superseded and merged herein. This Agreement shall not be modified, amended, altered or extended except through a written amendment signed by the parties and recorded with the Pima County Recorder. 4 In Witness Whereof, each Participating Jurisdiction has caused this Intergovernmental Agreement to be executed by a representative of that Jurisdiction's governing body, and attested by its clerk, upon resolution of its governing body. PIMA COUNTY ATTEST: Richard Elias, Chair Board of Supervisors Lori Godoshian Clerk of the Board APPROVED AS TO FORM AND LEGAL AUTHORITY Warren M. Alter Pima County Sheriff's Department Sean Holguin Deputy County Attorney, Pima County Lisa Royal, Court Administrator Pima County Consolidated Court Honorable Maria Alvillar Ajo Justice Court Honorable Gail Wight Green Valley Justice Court (continued on next page) 5 CITY OF TUCSON I Robert Walkup Mayor of Tucson Honorable Judge Antonio Riojas Tucson City Court TOWN OF ORO VALLEY Paul H. Loomis Mayor of Oro Valley Honorable Judge George A. Dunscomb Oro Valley Magistrate Court (continued on next page) ATTEST: Kathleen S, Detrick Clerk of the City of Tucson APPROVED AS TO FORM AND LEGAL AUTHORITY Mike Rankin Attorney for City of Tucson ATTEST: Kathryn Cuvelier Town Clerk APPROVED AS TO FORM AND LEGAL AUTHORITY Melinda Garrahan Town Attorney 6 TOWN OF SAHUARITA Charles Oldham Mayor of Sahuarita Honorable Judge Maria M. Avilez Sahuarita Municipal Court CITY OF SOUTH TUCSON Shirley Villegas Mayor of South Tucson Honorable Judge Ronald Wilson South Tucson Municipal Court (continued on next page) ATTEST: Sandra R Olivas Town Clerk APPROVED AS TO FORM AND LEGAL AUTHORITY Daniel J. Hochuli Sahuarita Town Attorney ATTEST: Dolores Robles Town Clerk APPROVED AS TO FORM AND LEGAL AUTHORITY Hector M. Figueroa South Tucson City Attorney 7 TOWN OF MARANA Ed Honea Mayor of Marana Joe Teta, Court Administrator Marana Municipal Court ATTEST: Jocelyn Bronson Town Clerk APPROVED AS TO FORM AND LEGAL AUTHORITY Frank Cassidy Marana Town Attorney 8 TOWN COUNCIL MEETING INFORMATION MEETING DATE: TOWN OF MARANA June 5, 2007 AGENDA ITEM: 1.2 TO: MAYOR AND COUNCIL FROM: Barbara Johnson, Director of Public Works SUBJECT: Resolution No. 2007-87: Relating to Public Works; approving and authorizing the intergovernmental agreement between Pima County and the Town of Marana for the cooperative maintenance of certain highways within the parties' respective jurisdictions. DISCUSSION The Town of Marana and Pima County each have highway maintenance responsibilities within their respective jurisdictions. Reallocation of these responsibilities across jurisdictional boundaries will maximize efficiency, fiscal responsibility and general logistics. The attached Intergovernmental Agreement establishes a process by which Pima County agrees to maintain certain public highways, or portions of public highways, located within the town limits of Marana in exchange for Marana's agreement to maintain certain public highways, or portions of public highways, located within the unincorporated areas of Pima County. The maintenance shall conform to specific standards and schedules as provided for in the Agreement and maintenance activities shall be performed on a schedule consistent with normal County I Marana maintenance schedules. RECOMMENDATION Staff recommends that the Mayor and Council adopt Resolution No. 2007-87, approving and authorizing the execution of the IGA with Pima County to provide for cooperative maintenance of certain highways within each other's respective jurisdictions. A TT ACHMENT(S) IGA with Pima County SUGGESTED MOTION I move to adopt Resolution 2007-87. {00005054.DOC /} CIH 5/30/07 Page 1 of 1 MARANA RESOLUTION NO. 2007-87 RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE INTERGOVERN- MENTAL AGREEMENT BETWEEN PIMA COUNTY AND THE TOWN OF MARANA FOR THE COOPERATIVE MAINTENANCE OF CERTAIN HIGHWAYS WITHIN THE PARTIES' RESPECTIVE JURISDICTIONS. WHEREAS the Town of Marana and Pima County each have highway maintenance re- sponsibilities within their respective jurisdictions; and WHEREAS reallocation of these responsibilities across jurisdictional boundaries will maxi- mize efficiency, fiscal responsibility and general logistics; and WHEREAS the Mayor and Council of the Town of Maran a feel it is in the best interests of both Pima County and the Town of Marana to enter into this intergovernmental agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the intergovernmental agreement between the Town of Marana and Pima County attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Mayor is hereby authorized to execute it for and on behalf of the Town of Mar ana. IT IS FURTHER RESOLVED that the Town's Manager and staff are hereby directed and au- thorized to undertake all other and further tasks required or beneficial to carry out the terms, obliga- tions, and objectives of the intergovernmental agreement. PASSED and ADOPTED by the Mayor and Council of the Town of Maran a, Arizona, this 5th day of June, 2007. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Cedric Hay, Senior Assistant Town Attorney {00005057.DOC /} ClH 5/30/07 Intergovernmental Agreement Between Pima County and the Town of Marana For Cooperative Highway Maintenance This Intergovernmental Agreement is entered into by and between Pima County, a body politic and corporate of the State of Arizona ("County") and the Town of Marana, Pima County, Arizona ("Marana"), a municipal corporation of the State of Arizona, pursuant to Arizona Revised Statutes (A.R.S.) Title 11 Section 951, et seq. RECIT ALS A. County and Marana have statutory authority to enter into intergovernmental agreements for joint and cooperative action pursuant to A.R.S. S 11-952. B. County and Marana have statutory authority to enter into cooperative agreements for highway maintenance pursuant to A.R.S. S 28-6707. C. County and Marana each have highway maintenance responsibilities within their respective jurisdictions. D. For purposes of maximizing efficiency, fiscal responsibility, general logistics, and a cooperative spirit between the parties, the parties intend to allocate highway maintenance responsibilities in a manner, which involves working across jurisdictional boundaries. E. County agrees to maintain certain public highways, or portions of public highways, located within the town limits of Marana in exchange for Marana's agreement to maintain certain public highways, or portions of public highways, located within the unincorporated areas of Pima County. F. Marana agrees to maintain certain public highways, or portions of public highways, located within the unincorporated areas of Pima County in exchange for County's agreement to {00004778.DOC /} Page 1 of 11 maintain certain public highways, or portions of public highways located within the town limits of Marana. NOW, THEREFORE, County and Marana, in consideration ofthe benefits and obligations herein provided, mutually agree as follows: 1. PURPOSE. The purpose of this Intergovernmental Agreement is to set forth the responsibilities of the parties for the cooperative maintenance of certain highways within the parties' respective jurisdictions. 2. OBLIGATIONS OF COUNTY. County shall provide highway maintenance services on those highways or portions thereof within Marana town limits as described in the attached Exhibit A. County shall perform highway maintenance services in conformance with current County standards and accepted engineering practices. County shall not be responsible for maintenance, repair, replacement or any other service on traffic control devices within Marana town limits. County, when requested by Marana, will provide sign fabrication services for specialty signs, street name signs, or other signs typically not readily available from a signing vendor. Marana will provide the design and layout details for such signs. Acceptance of sign fabrication assignments by County is dependent on workload and production capability. County will invoice Marana for actual cost of sign fabrication, including administrative overhead. Contact person: County Traffic Engineer, 1313 S. Mission Road, Tucson, AZ 85713. 3. OBLIGATIONS OF MARANA. Marana shall provide highway maintenance services on those highways or portions thereof within unincorporated Pima County as described in the attached Exhibit A. Marana shall perform highway maintenance services in conformance with current County standards and accepted engineering practices. Marana shall not be responsible for maintenance, repair, replacement or any other service on traffic control devices outside Marana town limits. 4. MARANA shall remain responsible for all traffic control signs, devices, and signals within town limits; County shall remain responsible for all traffic control signs, devices and signals within unincorporated areas. This agreement covers only routine maintenance of highways and striping. New installations, investigations, engineering, and betterments remain the responsibility of the respective jurisdiction. 5. ROUTINE MAINTENANCE STANDARDS. All maintenance services provided by the parties under this Agreement shall conform to the following standards and schedules. These schedules are typical and will vary depending on needs and weather. Regularly occurring and intermittent maintenance activities shall be performed on a schedule consistent with normal County / Marana maintenance schedules. {00004778.DOC /} Page 2 of 11 Maintenance Activity Cycle Unpaved road grading Shoulder grading Shoulder repair Vegetation management Sweeping (curbed streets) Sweeping (non curbed streets) Drainageways AC pothole patching Storm clean up Striping 6-8 weeks 2 times I year if needed as needed 4 times I year 2 times I year 2 times I year I time I year average 30 times per year average 30 times per year 2 times I year; see below Additional delmitions I clarifications Vegetation Management. Vegetation management on highway shoulders or drainageways adjacent to highways shall be performed as determined by the maintaining party. This work consists of management of vegetation that encroaches into traffic and management of sight distance. If vegetation impairs sight distance, it shall be removed within two (2) weeks of notification of the problem. General plant maintenance and irrigation system maintenance is excluded. Drainage Maintenance. Drainage maintenance consists of vegetation and sediment control in the areas of inlets & outlets. Potholes. Potholes that pose a risk to the traveling public shall be patched by the maintaining party the same day, or barricaded and patched within twenty-four (24) hours of notification of their existence; other potholes shall be patched within seventy-two (72) hours of notification of their existence. Striping. Centerline striping shall be reapplied two (2) times per year. Edge lines shall be applied one time per year on a schedule which follows the center line striping; i.e., one side applied upon first center line striping, other edge applied upon second annual center line striping. Pavement marking legends, stop lines and transverse markings will be maintained on as-needed basis. 6. HIGHWAY EXHIBIT UPDATES. All modifications, additions and subtractions to highways or portions ofhighways listed in the attached Exhibit A, shall be made by addendum approved by the Pima County Administrator ( or designee) and the Marana Town Manager ( or designee). This document will be reviewed as needed, at least annually. 7. RIGHT OF ENTRY. Execution of this Agreement by the County grants Marana the right to enter upon County rights-of-way for covered segments for the purposes of this Agreement and execution of this Agreement by Marana grants County the right to enter upon Marana rights-of- way for covered segments for the purposes of this Agreement. {00004778.DOC /} Page 3 of 11 8. PERMITS. The parties shall cooperate with one another in securing any necessary approval, permission or permits required to perform the services agreed to herein. 9. TERM AND TERMINATION OF INTERGOVERNMENTAL AGREEMENT. 9.1. Effective Date. This Intergovernmental Agreement shall be effective on the date it is recorded with the Pima County Recorder and shall remain in effect for a period of ten (10) years from the effective date, unless earlier terminated by either party under Section 8.2. below. 9.2. Termination. County or Marana may terminate this Intergovernmental Agreement by giving sixty days written notice to the other of such termination. 10. INDEMNIFICATION. 10.1. Mutual Indemnity. To the fullest extent permitted by law, each party to this Agreement shall indemnify, defend and hold the other party, and its officers, employees and agents, harmless from and against any and all suits, actions, legal or administrative proceedings, claims, demands, liens, losses, fines or penalties, damages, liability, interest, attorney's, consultant's and accountant's fees or costs and expenses of whatsoever kind and nature, resulting from or arising out of any act or omission of the indemnifying party, its officers, agents or employees whether intentional, negligent, grossly negligent, or amounting to a breach of contract, in connection with or incident to the performance of this Agreement. 10.2. Notice. Each party shall notify the other in writing within thirty (30) days ofthe receipt of any claim, demands, suits or judgments against the receiving party for which the party intends to invoke the provisions of this Article. Each party shall keep the other party informed on a current basis of its defense of any claims, demands, suits, or judgments under this Article. 10.3. Insurance. Contracted maintenance work will require indemnification of the highway owner as described herein and not less than the following insurance. Commercial General Liability - $1,000,000; Commercial Automobile Liability - $1,000,000 Combined single limit; Statutory Worker's Compensation including Employers Liability - $500,000. The highway owner shall be named as an additional insured on the Commercial General Liability insurance policy. 11. INSURANCE. When requested by the other party, each party shall provide proof to the other of their worker's compensation, automobile, accident, property damage, and liability coverage or program of self-insurance. 12. BOOKS AND RECORDS. Each party shall keep and maintain proper and complete books, records and accounts, which shall be open for inspection and audit by duly authorized representatives of any other party at all reasonable times. {00004778.DOC /} Page 4 of 11 13. CONSTRUCTION OF AGREEMENT. 13.1. Entire Agreement. This instrument constitutes the entire agreement between the parties pertaining to the subject matter hereof, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. 13.2. Amendment. This agreement shall not be modified, amended, altered or changed except by written agreement signed by both parties. The Pima County Administrator ( or designee) and the Marana Town Manager (or designee) may revise the street listing contained in this agreement (Exhibit A) at any time upon mutual agreement. 13.3. Construction and Interpretation. All provisions ofthis Agreement shall be construed to be consistent with the intention of the parties as expressed in the recitals hereof. 13.4. Caotions and Headings. The headings used in this Agreement are for convenience only and are not intended to affect the meaning of any provision of this Agreement. 13.5. Severability. In the event that any provision of this Agreement or the application thereof is declared invalid or void by statute or judicial decision, such action shall have no effect on other provisions and their application which can be given effect without the invalid or void provision or application, and to this extent the provisions of the Agreement are severable. In the event that any provision of this Agreement is declared invalid or void, the parties agree to meet promptly upon request of the other party in an attempt to reach an agreement on a substitute provision. 14. LEGAL JURISDICTION. Nothing in this Intergovernmental Agreement shall be construed as either limiting or extending the legal jurisdiction of County or Marana. 15. NO JOINT VENTURE. It is not intended by this Intergovernmental Agreement to, and nothing contained in this Intergovernmental Agreement shall be construed to, create any partnership, joint venture or employment relationship between the parties or create any employer-employee relationship between County and any Marana employees, or between Marana and any County employees. Neither party shall be liable for any debts, accounts, obligations nor other liabilities whatsoever of the other, including (without limitation) the other party's obligation to withhold Social Security and income taxes for itself or any of its employees. 16. NO THIRD PARTY BENEFICIARIES. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the legal liability of either party to the Agreement by imposing any standard of care with respect to the maintenance of streets and highways different from the standard of care imposed by law. {00004778.DOC /} Page 5 of 11 17. COMPLIANCE WITH LAWS. The parties shall comply with all applicable federal, state and local laws, rules, regulations, standards and executive orders, without limitation to those designated within this Agreement. 17.1. Anti-Discrimination. The provisions of A.R.S. S 41-1463 and Executive Order Number 99-4 issued by the Governor of the State of Arizona are incorporated by this reference as a part of this Intergovernmental Agreement. 17.2. Americans with Disabilities Act. This Agreement is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 101-336,42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. 17.3. Conflict of Interest. This Intergovernmental Agreement is subject to the provisions of A.R.S. S 38-511 relating to conflicts of interest. 18. WAIVER. Waiver by either party of any breach of any term, covenant or condition herein contained shall not be deemed a waiver of any other term, covenant or condition, or any subsequent breach of the same or any other term, covenant, or condition herein contained. 19. FORCE MAJEURE. A party shall not be in default under this Agreement if it does not fulfill any of its obligations under this Agreement because it is prevented or delayed in doing so by reason of uncontrollable forces. The term uncontrollable forces shall mean, for the purpose of this Agreement, any cause beyond the control ofthe party affected, including but not limited to failure of facilities, breakage or accident to machinery or transmission facilities, weather conditions, flood, earthquake, lightning, fire, epidemic, war, riot, civil disturbance, sabotage, strike, lockout, labor dispute, boycott, material or energy shortage, casualty loss, acts of God, or action or non-action by governmental bodies in approving or failing to act upon applications for approvals or permits which are not due to the negligence or willful action of the parties, order of any government officer or court (excluding orders promulgated by the parties themselves), and declared local, state or national emergency, which, by exercise of due diligence and foresight, such party could not reasonably have been expected to avoid. Either party rendered unable to fulfill any obligations by reason of uncontrollable forces shall exercise due diligence to remove such inability with all reasonable dispatch. {00004778.DOC /} Page 6 of 11 20. NOTIFICATION. All notices or demands upon any party to this agreement shall be in writing, unless other forms are designated elsewhere, and shall be delivered in person or sent by mail addressed as follows: Notice to COUNTY: Director Department of Transportation 201 N. Stone, 3rd Floor Tucson, Arizona 85701 (520) 740-6410 Notice to MARANA: Director of Operations & Maintenance Operations & Maintenance Department 11555 W. Civic Center Drive Marana, Arizona 85653 (520) 382-2500 21. REMEDIES. Either party may pursue any remedies provided by law for the breach of this Agreement. No right or remedy is intended to be exclusive of any other right or remedy and each shall be cumulative and in addition to any other right or remedy existing at law or in equity or by virtue of this Agreement. IN WITNESS WHEREOF, County has caused this Intergovernmental Agreement to be executed by the Chair of its Board of Supervisors, upon resolution of the Board and attested to by the Clerk of the Board, and Marana has caused this Intergovernmental Agreement to be executed by the Mayor ofthe Town of Maran a upon resolution ofthe Mayor and Council and attested to by its Clerk. ATTEST: TOWN OF MARANA: Town Clerk Mayor, Ed Honea Date Date ATTEST: PIMA COUNTY: Lori Godoshian Clerk of the Board Chair Board of Supervisors Date Date {00004778.DOC /} Page 7 of 11 Approval The foregoing Intergovernmental Agreement between Pima County and the Town of Maran a has been reviewed by the undersigned, and is hereby approved as to content. Priscilla S. Cornelio, P.E. Director Pima County Department of Transportation Date Michael Mencinger Director of Operations & Maintenance Town of Marana Date {00004778.DOC I} Page 8 of 11 Intergovernmental Agreement Determination The foregoing Intergovernmental Agreement between Pima County and the Town of Maran a has been reviewed pursuant to A.R.S. ~ 11-952 by the undersigned, who have determined that it is in proper form and is within the powers and authority granted under the laws ofthe State of Arizona to those parties to the Intergovernmental Agreement represented by the undersigned. Pima County: Deputy County Attorney Date Town of Marana: Cedric Hay, Senior Assistant Town Attorney Date {00004778.DOC I} Page 9 of 11 Exhibit A Agreement Between Town of Marana and Pima County Street Maintenance and Striping Areas to be maintained by the Town of Marana Camino De Manana; 1-10 to Tangerine Road Decker Road; Camino de Mafiana to Potvin Road Twin Peaks Road; Si1verbell Road to Sandario Road Scenic Drive; Twin Peaks Road south to CuI de Sac Tangerine Road; Marana Town Limits to Shannon Road Silverbell; Twin Peaks (northern leg) to Linda Vista Miles 1.63 0.40 1.40 0.30 0.27 0.47 Total Miles 4.47 Areas to be maintained by Pima County Avra Valley Road; Sanders Road west through Town limits Camino Del Norte; Paisano A venue to Thornydale Road Camino De Oeste; Lambert Road Flying Diamond Hartman Lane; Linda Vista Blvd. to Cortaro Farms Road Pima Farms Road; Sandy Desert Trail east to Marana Town Limits Silverbell Road; Ina Road to Sunset Road Sunset Road; Silverbell Road west through Town limits Miles 0.64 0.76 0.23 0.70 0.31 1.34 0.82 Total Miles 4.80 Anti-Ice application at structures Sanders @ Santa Cruz Cortaro @ Santa Cruz; two (2) structures Ina @ Santa Cruz; two (2) structures Thornydale @ CDO The highway limits noted above are not equal to the extreme limits of the highways within both party's jurisdictions. The miles listed are only to indicate the distances related to exchange of service. This exhibit should be reviewed as changing conditions warrant (i.e., annexations) or at least annually. {00004778.DOC I} Page 10 of 11 REVISION TO LISTING Pursuant to Section 12.2, Amendment, of the Intergovernmental Agreement between Pima County, Arizona, and the Town of Marana executed and approved by Pima County Resolution No. 2001-6 dated January 16, 2001 (Docket 11467; Page 864) and Town of Marana Resolution No. 2000-133 dated December 5, 2000 (Docket 11441; Page 1487) relating to right-of-way maintenance and striping, the listing attached to said agreement is hereby revised, as set forth in the new listing attached hereto and incorporated herein as "Exhibit A". The revision shall be effective on the latest signature date set forth below. Pima County, Arizona By: C.H. Hucke1berry County Administrator Date: Town of Marana By: Michael Mencinger Director of Operations & Maintenance Date: Approved as to form: Deputy County Attorney Pima County Cedric Hay, Senior Assistant Town Attorney Town of Maran a {00004778.DOC I} Page 11 of 11 TOWN COUNCIL MEETING INFORMATION MEETING DATE: TOWN OF MARAN A June 5, 2007 AGENDA ITEM: I. 3 TO: MAYOR AND COUNCIL FROM: T. VanHook, Community Development Director SUBJECT: Resolution No. 2007-88: Relating to Community Development; approving and authorizing execution of an intergovernmental agreement with Pima County for Community Development Block Grant and HOME Investment Partnership renewal through June 30,2010. DISCUSSION The Town of Marana receives Community Development Block Grant (CDBG) and HOME Program funding each year through Pima County. These funds are traditionally used to provide safe and affordable housing, neighborhood infrastructure, and parks. This Federal funding is passed through Pima County through an application process. Pima County serves as the sponsoring agency for distribution ofCDBG and HOME Program funding under u.S. Department of Housing Urban and Development's (HUD) Housing and Community Development Act of 1974 for distribution to an Urban County making it necessary for the Town to both partner with the County and apply for funding under the system. Every three years Pima County is required to re-qualify as an Urban County in the CDBG Program. Incorporated political jurisdictions within the County may elect to either join with the County or compete for funds in the State of Arizona Small Cities Program. Joining with the County under this reapplication process automatically qualifies the Town of Marana to participate in the HOME Program. This re-qualification process requires that Pima County, as the sponsoring agency, enter into an Intergovernmental Cooperative Agreement with participating jurisdictions to meet the requirements ofHUD's Housing and Community Development Act of 1974. RECOMMENDATION Staff recommends that the Town of Marana renew the Intergovernmental Cooperative Agreement extending participation in the Urban County Program until June 30, 2010. SUGGESTED MOTION I move to adopt Resolution No. 2007-88. MARANA RESOLUTION NO. 2007-88 RELATING TO COMMUNITY DEVELOPMENT; APPROVING AND AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY FOR COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP RENEWAL THROUGH JUNE 30, 2010. WHEREAS, the Town of Marana recognizes the need to provide safe and affordable housing, neighborhood infrastructure, and parks for its citizens through the use of Community Development Block Grant (CDBG) and HOME Program funding; and WHEREAS, Pima County serves as the sponsoring agency for distribution of CDBG and HOME Program funding under HUD's Housing and Community Development Act of 1974 for distribution of Federal funding to an Urban County; and WHEREAS, the Town of Marana finds that it is in the best interest of its residents to enter into an agreement with Pima County to develop activities jointly in accordance with U.S. Department of Housing Urban and Development (HUD) guidelines and protocols; and WHEREAS, it is necessary for Town of Marana the to enter into this Intergovernmental Cooperative Agreement with Pima County as the sponsoring agency to meet the requirements of HUD's Housing and Community Development Act of 1974; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Contract between the Town of Marana and Pima County is herby approved and the Mayor is herby authorized to execute it for and on behalf of the Town of Marana; PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 5th day of June, 2007. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: June 5, 2007 AGENDA ITEM: 1.4 TO: MAYOR AND COUNCIL FROM: Richard Vidaurri, Chief of Police SUBJECT: Resolution No. 2007-89: Relating to the Police Department; approving and authorizing application for funding from the Governor's Office of Highway Safety under the Highway Safety Plan (U.S. Code Title 23, Section 402) for the Marana Child Safety Program. DISCUSSION The number of drivers cited for transportation a child under five years of age not properly secured in a child passenger restraint system has increased over time with the increase in traffic. The number of citations written in this area increased from 12 to 44 between 2003 and 2005. 2006 saw a slight decrease in citations, but 2007 is on track with earlier trends. After years in the public media without steady compliance, it has become clear that an outreach effort is necessary to address the problem. The Town of Marana is requesting resources to initiate a child safety seat program targeting specific at-risk and lower-income families to help reduce the instance of child injuries and fatalities on Arizona roadways. MPD will use both the distribution of equipment and intensive outreach/education efforts to address the dangers posed to children by vehicular travel without proper use and instillation of safety seats. Targeted families will include those cited for failure to use proper child restraints, young families, older grandparents raising small children, and rural residents unaware of- or unaccustomed to these safety practices. The primary goal ofthe Marana Child Safety Program project is to reduce the number of unrestrained children less than five years of age traveling on Arizona. Major objectives of this project include: · Increase public awareness ofthe hazards of excessive speed and aggressive driving. . Increase the use of child safety equipment. · Coordinate efforts between the Town of Marana Police, Marana Municipal Court, Northwest Fire, Marana Health Center and other jurisdictions to provide outreach/education and distribution of child safety restraints. The Marana Police will distribute child safety seats, for a nominal fee (sliding scale based on income - up to $25.00) only upon completion of a training program provided by a Certified Technician. All proceeds generated from the fees will be returned to the program to purchase 5/31/2007 additional safety equipment for distribution at a later date, extending the life of the program long after the grant period. The Marana Police and Northwest Fire will work cooperatively to educate both internal and external audiences about safety concerns to address the dangers posed to children by vehicular travel without proper use and instillation of safety seats. Nine community partners have agreed to assist with this program. Each will provide use of a facility and bring additional resources including advertising and outreach efforts, human capital, and assistance with program costs including copying and printing as part of their commitment. The Marana Municipal Court will work with individuals appearing with citations for transportation a child under five years of age not properly secured in a child passenger restraint system to dismiss the citation upon completion of the training and receipt of child safety equipment if not already purchased. This goes one step beyond the current practice of waiving fines with proof of purchase of a child safety seat. The Marana Unified Schools, Marana Health Center, and Northwest Hospital's Women's Center will integrate workshops and child safety seat distribution into pre-natal classes bringing awareness to a wide-variety of socio-economic and educational backgrounds. In addition, Marana Health Center's home healthcare nurses and Health Families Program facilitators will network to invite candidate families to join the workshops as needed. This coordinated effort with include both driver safety and awareness and innovative programs targeted to harder to reach populations. Community partners working with these individuals are the best conduit to access, providing far reaching public education in a format already accepted and understood (meeting people where they are at - not asking them to go out of their way). Public education efforts will be conducted by the Community Resources Officer and members of Marana's Police Department and Northwest Fire will include: . Monthly community-based Child Safety Seat education and equipment distribution workshops targeting different segments of the population and open to anyone cited with a related violation as a condition of dismissal. . Child Safety Seat installation joining with ongoing efforts to reduce teen-driver/alcohol and drug related accidents through the School Resource Program. . Town-wide speeding awareness day featuring neighborhood events with "Traffic Enforcement Zone" events, Motor demonstrations, and use of speeding radar trailers. . Public education provided through the Marana Police Citizens Academy. . Child Safety information provided on the Town of Marana's website. RECOMMENDATION Staff recommends authorization submission of a grant application with the Governor's Office of Highway Safety for funding the Marana Child Safety Program. SUGGESTED MOTION I move to approve Resolution No. 2007-89. -2- MARANA RESOLUTION NO. 2007-89 RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING APPLICATION FOR FUNDING FROM THE GOVERNOR'S OFFICE OF HIGHWAY UNDER THE HIGHWAY SAFETY PLAN (U.S. CODE TITLE 23, SECTION 402) FOR THE MARANA CHILD SAFETY PROGRAM. WHEREAS, the Governor's Office of Highway Safety is seeking proposals from state and local agencies for projects relating to all aspects of highway safety; and WHEREAS, the Marana Police Department is working to promote safety for children and their families; and WHEREAS, the Marana Police Department is working to increase awareness of child safety seat requirements and to reduce the number of unrestrained child occupants on Arizona roadways; and WHEREAS, The Governor's Office of Highway Safety is soliciting grant proposals to help further these goals; and WHEREAS, grant funding will allow the Marana Police Department to purchase a child safety seats and training related equipment. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, the Town Manager is authorized to submit the Grant application to fund the Marana Child Safety Program. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 5th day of June, 2007. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: June 5, 2007 AGENDA ITEM: 1.5 TO: MAYOR AND COUNCIL FROM: Richard Vidaurri, Chief of Police SUBJECT: Resolution No. 2007-90: Relating to the Police Department; approving and authorizing execution of a grant agreement with the Governor's Office of Highway Safety for funding a new motor unit under the Highway Safety Plan (U.S. Code Title 23, Section 402). DISCUSSION Again this year, the Marana Police Department has been awarded a grant to fund an additional motor unit to target increased speed and aggressive driving resulting from rapid growth within the area and increased traffic volume. This motor is not only needed to address current trends, but to pro actively posture the MPD for the scheduled three-year closure of 1-1 0 for construction. This is the second year in a row that the Governor's Office on Highway Safety has made a Motor award to the Town. The primary goal of the Motors for Marana project is to reduce by 5% the number of high speed, serious physical injury, and fatal collisions. Major objectives of this project include: · Increase public awareness of the hazards of excessive speed and aggressive driving. · Increase enforcement of excessive speed and aggressive driving. · Coordinate efforts between the Town of Marana Police and Traffic Departments, and other jurisdictions to mitigate problems resulting from the increased traffic on 1-10 and scheduled closures. This new motor unit will allow the Marana Police Department to take a two pronged approach to target issues surrounding the increased speed and aggressive driving trends resulting from rapid growth within the area and increased traffic volume. Both excessive speed and aggressive driving will be addressed through coordinated education and enforcement efforts utilizing internal resources and by partnering with other like programs. Education - The Marana Police and Traffic Departments are working cooperatively to educate both internal and external audiences about safety concerns surrounding the excessive speeds and aggressive drivers resulting from longer commutes and increased density on 1-10. This coordinated effort includes both driver safety and awareness and innovative programs aimed at reducing traffic volumes such as ride-share. 5/31/2007 Public education efforts will be conducted by Motor Officers and members of Marana's Traffic Department and will include: . School resource officers conducting traffic safety as part of their ongoing efforts to reduce teen-driver/alcohol and drug related accidents. . Town-wide speeding awareness day featuring neighborhood events with "Traffic Enforcement Zone" events, Motor demonstrations, and use of speeding radar trailers. . Public education provided through the Marana Police Citizens Academy. . Motorist information and traffic safety provided on the Town of Marana's website. In addition, MPD will continue its internal efforts to ensure that its entire workforce receive ongoing education in a wide variety oflaw enforcement, driver safety, and community related subject areas. Motor Officers will be required to complete a full series of trainings, become AZ POST Motor certified prior to deployment, complete quarterly in-service, and field training. Enforcement - The addition of Motor Officer dedicated to traffic enforcement will allow the MPD to increase efforts to reduce speeding and aggressive driving, heading off the behaviors that lead to increased incidents of motor vehicle accidents. By proactively addressing the issues and reducing the burden of accident investigation the MPD will be able to leverage freed up manpower to more aggressively address the upcoming 1-10 closures and growth. Increased maneuverability in congestion, faster acceleration and breaking make motor units best suited for this enforcement effort. As compared to traditional police vehicles, motors offer the officer a better observation platform without restriction to radar and laser beams. The units also have less initial and maintenance costs reducing ongoing expense to the Town as compared to a fully equipped traffic enforcement vehicle. Marana's weather and roadways lend themselves to the use of police motors. This is the second award to the Marana Police Department in the past six months for deployment of motor officers. The additional motor unit officer will concentrate activities during the key commute times in the areas that have statistically show the highest incidents of in traffic enforcement coverage to those areas indicated as having high incidents of aggressive drivers, high speeds, and collisions. The Town of Marana will leverage salaries, uniforms, training, supplies and safety equipment for both the education and enforcement components of this . program. RECOMMENDATION Staff recommends authorization full execution of a grant agreement with the Governor's Office of Highway Safety for funding a new motor unit and related equipment. SUGGESTED MOTION I move to approve Resolution No. 2007-90 -2- MARANA RESOLUTION NO. 2007-90 RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE GOVERNOR'S OFFICE OF HIGHWAY SAFETY FOR FUNDING A NEW MOTOR UNIT UNDER THE HIGHWAY SAFETY PLAN (U.S. CODE TITLE 23, SECTION 402). WHEREAS, the Town of Marana recognizes its duty to protect its citizens through effective police powers; and WHEREAS, the Marana Police Department is working to reduce the number of high- speed collisions in the region; and WHEREAS, the Marana Police Department is working to increase enforcement to reduce the number of aggressive and high speed drivers on Arizona roadways; and WHEREAS, The Governor's Office of Highway Safety has for the second consecutive year awarded the Marana Police Department a grant to help further these goals; and WHEREAS, grant funding will allow the Marana Police Department to purchase an additional motor unit and related equipment. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, the Town Manager is authorized to execute the Grant Agreement to purchase an additional motor unit. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 5th day of June, 2007. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney TOWN COUNCIL MEETING INFORMATION TOWN OF MARAN A MEETING DATE: June 5, 2007 AGENDA ITEM: I. 6. a TO: MAYOR AND COUNCIL FROM: Jane Fairall, Deputy Town Attorney SUBJECT: Ordinance No. 2007.14: Relating to Animal Control; amending Title 6 of the Marana Town Code, Section 6-3-5 regarding dog waste removal; and declaring an emergency. DISCUSSION This item proposes to amend the Animal Control provisions of the Town Code regarding dog waste removal, by adding a provision that prohibits the accumulation of dog waste on any prem- ises where dogs are kept, including private property, for more than 72 hours. Last year the Council adopted significant amendments to the Animal Control ordinances. As a part of those amendments, a previous Code provision that prohibited the accumulation of dog waste for more than 24 hours was repealed. However, Pima County animal control officers have notified Town officials that the repeal of this provision has left them with no enforcement mechanism when complaints regarding the excessive accumulation of waste are received from citizens. The proposed amendment returns the prohibition on dog waste accumulation to the Code, while providing for a 72-hour time frame rather than a 24-hour time frame. RECOMMENDATION Staff recommends adoption of Ordinance No. 2007.14, amending the Town Code to establish a prohibition on the accumulation of dog waste on any premises where dogs are kept for more than 72 hours. SUGGESTED MOTION I move to adopt Ordinance No. 2007.14. {00004905.DOC I} JHF 4117107 MARANA ORDINANCE NO. 2007.14 RELATING TO ANIMAL CONTROL; AMENDING TITLE 6 OF THE MARANA TOWN CODE, SECTION 6-3-5 REGARDING DOG WASTE REMOVAL; AND DECLARING AN EMERGENCY. WHEREAS the Town Council is authorized by A.R.S. ~ 9-240 to adopt animal control regulations; and WHEREAS the Town Council finds that the animal control regulations established by this ordinance are necessary for the public health, safety and general welfare of the Town of Marana. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. Section 6-3-5 of the Marana Town Code is hereby revised as follows (with deletions shown with strikeouts and additions shown with double underlininl!): Section 6-3-5 Dog waste removal; exceptions; sanctions A. It shall be a civil infraction for the owner or person having custody of any dog to fail immediately to remove and dispose of in a sanitary manner any solid waste deposited by the dog on public property or on private property without the consent of the person in control of the property. B. It shall be a civil infraction for the owner. oroorietor. acent or occuoant of anv oremises where docs are keot to deoosit. cause to be deoosited or allow to accumulate. within or about the oremises. anv solid wastes from docs for a oeriod of time loncer than 72 hours. This oaracraoh aoolies to orivate orooertv. includinc orooertv owned. leased or controlled bv the owner of the ~ CB. Paracraoh A This soction shall not apply to blind persons, persons with mobility disabilities, or police officers or other law enforcement officers accompanied by police dogs while on emergency. QG. Any person found responsible for violating this section shall be sanctioned by a fine of not more than $300. ~.Q. Any individual who receives notice of violation and fails to appear at the hearing time designated in the notice, or at the time designated for hearing by the court, shall be deemed to have admitted the allegations of the complaint, and the court shall enter judgment for the town and impose a civil sanction in accordance with the provisions of this section. fe. If any penalty ordered to be paid by the court or forfeited pursuant to default is not paid within 30 days of the magistrate's order, the town attorney may {00004903.DOC I} - I - JHF 5/25/07 institute appropriate civil proceedings seeking legal and/or equitable relief to enforce the order, and the magistrate may institute judicial proceedings as provided by law to collect the penalty. All penalties collected pursuant to this section shall be paid to and become the property of the town. SECTION 2. IT IS FURTHER ORDAINED that, since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this ordinance become immediately effective, an emergency is hereby declared to exist, and this ordinance shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 5th day of June, 2007. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney {00004903.DOC /} - 2 - JHF 5/25/07 '._'-'-'~'---~'--"-~-'''-''''''-''__''_~~'''''''''''';''''_~_'N''''~",,'''''>'..' ,',"- ,'." TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: June 5, 2007 AGENDA ITEM: I. 6. b TO: MAYOR AND COUNCIL FROM: Jane Fairall, Deputy Town Attorney SUBJECT: Resolution No. 2007-91: Relating to Animal Control; declaring the revisions to Town Code Title 6 adopted by Marana Ordinance No. 2007.14 as a public record filed with the Town Clerk; and declar- ing an emergency. DISCUSSION This resolution makes the amendments to Title 6 of the Marana Town Code a public record. This process makes it possible for the revisions to be adopted by reference under A.R.S. S 9-802, thereby avoiding the requirement to publish the entire document, as would otherwise be required under A.R.S. S 9-812. RECOMMENDATION Staff recommends adoption of Resolution No. 2007-91, immediately prior to or at the same time as the adoption of Ordinance No. 2007.14, the adopting ordinance for the revisions to Title 6 of the Marana Town Code. SUGGESTED MOTION I move to adopt Resolution No. 2007-91, and declare an emergency. {0000490 7. DOC I} JHF 512512007 MARANA RESOLUTION NO. 2007-91 RELATING TO ANIMAL CONTROL; DECLARING THE REVISIONS TO TOWN CODE TITLE 6 ADOPTED BY MARANA ORDINANCE NO. 2007.14 AS A PUBLIC RECORD FILED WITH THE TOWN CLERK; AND DECLARING AN EMERGENCY. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. The revisions to Town Code Title 6 (Animal Control) adopted by Marana Ordinance No. 2007.14, a copy of which is attached to and incorporated in this resolution as Exhibit A and three copies of which are on file in the office of the Town Clerk, is hereby declared to be a public record and ordered to remain on file with the Town Clerk. SECTION 2. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, an emergency is hereby declared to exist, and this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 5th day of June, 2007. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00004906.DOC /} JHF 5/25/07 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: May 16, 2007 PLACE AND DATE Marana Municipal Complex A. CALL TO ORDER AND ROLL CALL By Mayor Honea at 7:00 p.m. COUNCIL Ed Honea Herb Kai Bob Allen Jim Blake Patti Comerford Tim Escobedo Carol McGorray STAFF Mike Reuwsaat Gilbert David Jim DeGro Frank C Jocelyn Bron Present Present Present Present Excused Present Present Present Present Present Present Present ATION/MOMENT OF SILENCE McGorray, seconded by Council Member Escobedo, the ed. D. CALLLIC Richard D resident of the Perimeter Bicycling Association of America and the Executive Dir f the Tour de Tucson Mountains addressed Council and expressed they had an incredi Tour de Tucson Mountains that they've ever had. This is their twentieth year and they've raised more money for the different charities. They had the most attendees, 1153, of which 103 were in the kids and family fun ride. He thanked the police department. He presented a poster that encourages kids to read. The kids next year in the elementary schools will receive the poster as an award for reading for at least 15 minutes. They also wanted to encourage them to bicycle. David Morales addressed Council and stated he hopes that the new Council Members are given a tour of Town Hall and introduced to department heads. E. PRESENTATIONS Vanessa Bechtel, Programs Manager with the Santa Cruz Valley Heritage Alliance, addressed Council and stated in 2003 the Town passed a resolution to support the effort to 1 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: May 16, 2007 designate the Santa Cruz Valley as a national heritage area. She showed a map of the boundaries of the proposed heritage area. It covers the Santa Cruz River water shed which is about 3,300 sq. miles. The first project that they completed as part of a heritage area is a heritage tourism map. Not only does it promote heritage tourism, but they were able to complete the project with the Town's financial support. There are ten experiences, themes or stories that the Santa Cruz Valley has to tell. The t mes are the underlying elements of the feasibility study that makes the region qualify national designation. The map has destinations through the Santa Cruz Valley w SI ts and visitors can learn about the cultural resources, agricultural history of , missions and presidios, and birding. They have copies of the map to share wi Mayor Honea asked if she could ex ley national heritage area Service. It is non- impact prope alues or taxes. It is a tory to tell that somehow contributes to they are getting recognition from the tural resources here, but are also ears. would have to match those funds r anything, but land acquisition. They . tage food stival where the community can learn oods that has been grown for thousands of years. 'also a preservation and promotion component. re are currently 37 national heritage areas and to heritage tourism, number of jobs and sales tax legislation has been referred to the Natural Resources waiting for a hearing. They are working with Senator duced in the Senate, as well. CIL REPORTS: SUMMARY OF CURRENT EVENTS Council Mem lIen stated he wanted to thank staff and colleagues on the Council. He stated his inten IOns have always been for the Town. He congratulated Roxanne and Russell and that they too would further the Town's good. He stated his heart is still in Marana. Council Member McGorray stated several of them attended Arizona Town Hall. She was in the Saguaro Group who discussed many subjects, coming to some conclusions, and direction for the future. Mayor Honea stated The Arizona Town Hall was a rewarding experience. He stated the Southern Arizona Town Hall was a gathering of elected officials, community, civic and social leaders. He stated there were about thirty three in each group and five groups. They had six questions for two days. He stated he would take the opportunity again if given the chance to do so. 2 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: May 16, 2007 G. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Mr. Reuwsaat asked Mr. Ellis to present the new summer magazine. Mr. Ellis addressed Council and stated the new pu 'cation is everything you would want to do for the summer in Marana. He stated the Par ecreation staff does a wonderful job for the community. H. STAFF REPORTS ay 24th at 9:30 will be the project. Mr. DeGrood stated next Continental Ranch! Arizona bus service from the Mayor Honea freeway is help giv opportun urb area. wo more years, but because the ee years it was hoped that it would Farms, Continental Reserve area an en get on a bus to go anywhere in the R OF BUSINESS lutioiNo.2007-75: Relating to Development; approving and g a fmal block plat for Gladden Farms Blocks 26-43 (Kevin Kish) 3. Res ution No. 2007-76: Relating to the Marana Regional Airport; approving and authorizing a contract with Sundt Construction, Inc. for the Construction Manager at Risk design phase services for the construction of a new sewer line for the Marana Regional Airport (Charles Mangum) 4. Resolution No. 2007-77: Relating to the Marana Regional Airport; approving and authorizing a contract with Sundt Construction, Inc. for the Construction Manager at Risk design phase services for the construction of a new fire protection water line for the Marana Regional Airport (Charles Mangum) 5. Resolution No. 2007-78: Relating to the Marana Regional Airport; approving and authorizing a contract with Sundt Construction, Inc. for the 3 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: May 16, 2007 Construction Manager at Risk design phase services for the construction of a new airport terminal for the Marana Regional Airport (Charles Mangum) 6. Resolution No. 2007-79: Relating to the Marana Regional Airport; approving and authorizing a contract with Carter & Burgess, Inc. for the design of a new public airport termina~for the Marana Regional Airport (Charles Mangum) 7. Resolution No. 2007-80: Relatip,rgt<tQ)!blic Works; approving and authorizing the execution of ter nmental agreement between Pima County and the Town of to pro for the acquisition of property for the I-tO/Twin Peak chang dric Hay) 8. Upon motion by Council Agenda was unanimously ap ember Allen, Consent ies; approving and authorizing the a contrac with the United States Department of .nistration, for Parker-Davis Project d Co il and stated it's the standard western area power at would get us one megawatt of Parker-Davis power. al draft so he has added a couple words to the proposed states at the utilities director is hereby authorized to execute it or a similar contract for and on behalf of the Town of Marana. n addressed Council and stated we now have a megawatt of power out -Davis. There are not anymore hydropower dams or units being built. Th are upgrades of existing units and in that process the western area power administration chose to divide a 17 megawatt upgrade among six or eight different entities. The Town being a municipality is a preference customer. A preference customer is those individuals that have not received any previous hydropower for these upgrades. There are other entities in the state that qualified. This contract is for twenty years. The power cost is 1-112 cents per kilowatt hour delivered to the Maqma substation with no line loss. This hydropower can then be used by the utilities department for pumping of water and waste water and other services. Most people are paying 8-112- 9 cents a kilowatt hour for the power being received at their home today. We will be getting that for a 1-1/2 cent at the substation. We will have to arrange for agreements between Trico and TEP for that power to be delivered and displace the power that the Town is now paying those rates for. That should amount to a savings of approximately five cents a kilowatt hour. One kilowatt hour is if you took ten 100 watt light bulbs and ran 4 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: May 16, 2007 them for one hour or if you took one 100 watt light bulb and left it on for ten hours. The Navajo Power Plant reallocation is coming up and most of that power is used for CAP water. In 2017, the hydropower out of Hoover Damn will be up for reallocation. There is a possibility that there is some there we can obtain. Upon motion by Vice Mayor Ka' Resolution No. 2007-81 was is perseverance in securing this Vice Mayor Kai thanked Mr. DeSpain fo contract. d by Council Member McGorray, proved. 2. Resolution No. 2007-8 authorizing the May (Frank Cassidy) nt; approving and ~elopment Agreement il and sta on December 5, 2006 the execution of ent , butthefewere negotiations left to be done the Cascada down zoning had to be requested that the Cascada Specific me time ed authorization for the Specific Plan then existed. Since that time there has been dded the specific language about water e needed and at what particular times. They have cation provisions for right of ways. Member Escobedo, seconded by Council Member Allen, 2 was approved 5-0. 0.2007-83: Relating to Development; approving and a preliminary plat for Marana 59 (Kevin Kish) Mr. addressed Council and stated the applicant is requesting a preliminary plat approval which is approval of a 58 lot single family detached home subdivision. The property is generally located west of Hartman Road approximately a half a mile south of Linda Vista Boulevard. On 7-19-94, Council adopted Ordinance 9409 which rezoned 100 acres including this subject property. The preliminary plat does not include about 41 acres of that rezoning area. It was rezoned from E, the transportation corridor zone to R8 and with six conditions found in the ordinance. On February 21,2006, amendments to the ordinance were brought to Council and removed conditions one and six that altered the lot layout shown on the tentative development plan that was originally approved and the proposed ordinance modification was to allow for the reconfiguration of the lots and adjustment to open space. The proposed subdivision under review has fewer lots than originally planned, reduced from 172 to the 58 presented. Preliminary plat proposes a mix oflot sizes with the smallest lot equaling 8015 sq. ft. and 5 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: May 16, 2007 averaging 9012. All the residential units will be subject to the residential design guidelines. The project proposes one point of ingress/egress off of Hartman Lane. The internal circulation will contain private streets with a gated entrance. The Planning Commission approved a design exception for a single point of access and modification to the Town's typical local street cross section at its meeting on April 25th. Some ofthe rational behind t.t was because ofthe confined narrowness of the lot and the open sp > tpe west a second point of access wasn't feasible in that. Based on the design exception process within the subdivision street designs the Commisaic>n approved that. Based on the traffic impact study that was done, t turn off of Hartman Vista was not warranted. The subdivision provides tely 34agres or 59% percent ofthe net area as natural and functiona spa. The sub . on is also providing appropriate retention! basins within the . ct. Three specific ones located throughout the plat from the northeas er down to the southwestern a which meet's requireme re was a petition stating concern rding traffic e left turn lane the concern with the drainage. There all s that they Jlroviding meeting the Town's standard for drainage and ret~ll ention onsite~ 404 dfainage issues involved in this one crossing that they will be spanning and the here is at least one other, but that is part of the about the fish and wildlife permits and whether that has ed there is no longer critical habitat so there is no nexus for a fish ermit at this time. ember Escobedo asked what the original lot size was in comparison to space. Mr. Kish stated the original configuration was a 7,000 sq. ft. minimum lot area with very little open space other than the actual drainage areas of the project area. Council Member Escobedo asked if the project was denied, what would they be allowed to build. Mr. Kish stated they have the R8 zoning. Ifthey chose to come in with a more aggressive grading and doing some more work with the 404 they potentially could come in with many more lots. Denise Howard addressed Council and stated she has lived at 9051 Hartman Lane since 1980. Their five-acre parcel borders the south boundary of the proposed 6 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: May 16, 2007 subdivision. When this property was originally rezoned from one house per 30- acre to R8 in July 1994 it wasn't a 60 acre, but a 100-acre parcel. At that time, none of the surrounding property owners who were living there and bordered the south and west of the parcel had been notified of the rezoning nor was the land posted. She stated concerns raised by the Zoning Commission. She stated that putting smaller home sites in this sensitive area is inappropriate and feels the higher density on much smaller lot size wulincrease the amount of water runoff which will impact the property soutA:~d westpf the proposed development. She is asking Council to reject the cu,11tenfp:li osal of mass grading and destruction of a beautiful area. . ressed Council and stated her are that the traffic and the area and asking traffic. They feel dditional turnlane. There is one n that was not carried rtman. Shesmted there have been numerous wrecks roperty a y has erosion because of the flow of ressed builder at the time. Their itiona 1lding and the washes being s people within the area surrounding t in favor this until at least more studies have been the proper drainage issues have been addressed. ce Drive, addressed Council and stated he is nt 0 an Vistas Neighborhood Association. He was ()fDirectors to represent 353 homes. They are requesting to submitted until further studies can be done. He stated he it that traffic study was done during the time that Cortaro Road nstruction. A lot of traffic that normally takes that route was not ute during that time. They would like to have considered the other s slated for that area. They are concerned about drainage issues, as k approximately one year to get police presence into their nei rhood with traffic congestion, speeding, stop sign runners and without police presence they continue to see constant traffic problems. The east side of Hartman Visa is a huge community that lies within Pima County area. They would like to have that traffic considered, as well as the fact of Deqracia Elementary School and students crossing in the area. They would like a turn lane considered, but also re-monitoring traffic and re-evaluating the area before approving this plan and the possibility of also putting in student crossing areas for the safety of the children that live in the area. During last year's monsoon Hartman Vista lost lots of land due to erosion runoff coming from the washes and easements from Pima County flowing onto Marana's property and destroying their common property. They fought with the Town for four months to correct the problem. They are concerned about this problem again in the future affecting the Bednar Homes within the Hartman Vista area. The Board of Directors 7 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: May 16,2007 representing the Homeowners Association would like to see traffic congestion eased, as well as considering better opportunities to ensure drainage will be done. Mr. Braun addressed Council and stated the drainage report has been accepted for this project. It was reviewed by staff and staff consultants. In general they are trying to preserve most of the wash areas that carry the predominant amounts of flow. They are not pushing the water i~,wash. They have created basins and those basins comply with critical basftl, method~logy which requires for a reduction in flows exiting the sit~so e$$~ptially they are accepting the water. In the most common event there w.as!an in e in flow. The two year event is on the order of 2~5 CFS so an increase-in that is not significant. The larger flows of the ten and hu year storms wer ced dramatically on the order of forty percent. Critic1l'1 ", methodology req reduction usually in the order of ten to fifteen percent.~taff feel~ that they ccepted as much water as they can, aswuch water is e that is coming 0 nneled it through their site in a res ible manner. Mayor Honea aske the washes thatthe . ns not allowing the water to go into nt of water in the washes. porti(')~~~the project is where the water comes e site. they are acc g that watet. Their basins are situated prior to the e site and in .. ose locations they have designed systems that " ing the s(~~.~m what would normally occur. The furthest est wash coming out of the Hartman Vistas ot doing anything in that area. Where they are flows is closer to the eastern part of their project. ated there was some erosion along Hartman Road during the here is water that comes across at Overton in the northeast comer of this ~ect. The main issue at the Hartman Vista subdivision is that there is a channel that crosses under Overton and essentially dumps its water in the southeast portion of this project. That has essentially some restrictive culverts that create a metering effect, but those culverts are right at grade with Hartman Road so when they do flow it shoots a lot of water across Hartman and that will go through the bottom comer ofthis project. Most of that water dumps into a wash that runs along the north part of Hartman. Most of the flows that are critical flows in this area are not flows originating on this site. They are flows that come to the site and they are accepting those flows. The Hartman Vista subdivision is likely concerned about their southern periphery and how that could be affected. The main flow is being accepted and channeled through in a southwestern flow pattern which would accept the water away from those residences. There will be drainage along the entire southern boundary of Hartman Vistas, but that is not the large flow. 8 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: May 16, 2007 Vice Mayor Kai asked if the pass through water on the northeast comer where it passes through and comes into the subdivision, does it flow over the main entrance road or go under a culvert that passes through or do they hold it back a while. ross Hartman. It will enter into a ne. On one will have an outlet so it will year storms that water will be reduced 'thin this area trapped within their . s a larger wash that has pipes that Ort along the bottom of their lot water trapped between . st and make its way out Vice Mayor Kai maximum and wh wing on the plan per the plat from ming through those pipes in a ~ect the way it is presented would it impact 's project would impact any of the housing that is already ward stated she lives south ofthe project. She stated they are affected by t ow that comes out of the retention basin that comes across Hartman. She feels that what was diverting that water the land will now create more flow onto them. She stated their concern is the culverts that go under the road will now bring additional water down across her property. John Weining, 8850 N. Joplin Lane, stated all the water runs west there and very slightly south. He has been there since 1991. One of the washes runs through his property and he channels it through, but there is only one set of homes there. Since 2003 there has been less rain and it breaks through his wash two to three times a year and he has to repair it. He stated there has been less rain and he is getting more flood. Lew Catalini, civil engineer with Baker and Associates Engineering, the firm that did the preliminary plat addressed Council regarding drainage. Currently the flow 9 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: May 16, 2007 is coming in from the east across Hartman. The flow to the southeast comer will not be impeded by their site. The plat shows existing and developed condition flood prone lines and those are not changing because they are not impacting those flows. In addition, the lots along the south side of the roadway are going to be graded to drain towards the street. They are pulling water away from the drainage area and pushing it more towards the w so the flows that come in through the two culverts are going to be reduced b ing the water shed and by metering through the detention process. It is r uce the flows and it shouldn't impact the properties to the sout4ih tive manner. To the west there are two detention basins. They will b(( tin ow from the remainder of the subdivision, metering it out~ '11 be g into the large wash that currently carries 4400 C~~. It is a ~or drai ay. It will reducing developed condition flows from tneirsi. from 40 to 70 pe~hich more than complies with the critical basin crite . ch is t n percent uction. He stated under the two year, t year and hun torm which 1 ~<they designed for it will not negati pact the are Mr. Reuwsaat ask effe e last rain of the issues in the Hartman area nce standpoint of rain tearing out uld have been addressed separately. There was a OA till t some kind of erosion control that would make man Vistas. Mr. Braurlhstated t outhern lots along the Bednar section they were looking for possibly in"eased protection on the slopes of those lots which is off the property rrently being discussed. saat stated they could meet with the HOA and discuss it separately it doesn't contribute to this property. Mr. Braun stated this property is not sending flows in that direction nor is it creating a back water condition on that property. It is receiving flows from that problem area. Jim Coleman, 5561 W. Cottonmouth Street, addressed Council and stated there is a retention wall behind his property that goes down almost 25 feet. They are concerned of possibly damage to the retention wall if the wash is right along that retention wall on the north side. Mr. Braun stated that there is not going to be any flow up against that retaining wall. It is all going to come down into the channel and into the streets. 10 MINUTES OF REGULAR COUNCIL MEETING MARAN A MUNICIPAL COMPLEX DATE: May 16, 2007 Vice Mayor Kai stated the Pigmy Owl has been delisted, but is being appealed. He asked if that would be an impact if that was reversed and the effect on this project. Mr. Reuwsaat stated it doesn't look like' Mr. Catalini stated he has been inv plat and they have met with Fis the Town saying they were in currently delisted. They di and Wildlife Service wOUi~4 appro in this. subdivision since they started the life Service. They have sent a letter to their project even though the Owl is at if the Owl was relisted the Fish Vice Mayor Kai asked if th Northwest Fir ofthe process requires Northwest Fire e entrance. know more about the ry report was accepted and in their summary the r inclusion into the national system and they obedo asked what the future of Hartman Lane is as far as ted Hartman Lane is a 90 foot right of way. That is a right of way pport a two lane road with a median or a center left turn lane. It pport a four lane road section. The current traffic counts show that it ing not beyond the capacity of a two lane road at this time. They are 100 at likely different traffic patterns on Hartman Lane once the Twin Peaks interchange opens. Hartman Lane will no longer be the favorite cut through to the east they will continue on Linda Vista to the interchange. There will be a redistribution of traffic on Hartman in the future. Mr. Summers stated when the traffic was measured through that area Cortaro and Hartman were under extreme construction. Hartman has been blocked off several times and rerouted down to several smaller lanes. The flow has been congested due to the drainage issued being addressed there, as well as the turn lane thus lowering the traffic on Hartman for a while. He stated based on his experience, his assessment is it is an extremely dangerous area for traffic. They are asking to hold the developer responsible to do some roadway improvements to prevent further congestion, as well as to create better safety for children and residents. With the continued growth further south there will be more traffic on Linda Vista which 11 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: May 16, 2007 will dump more traffic onto Hartman so he disagrees with staff that Hartman will receive less traffic when that improvement happens, but actually more traffic will dump down Hartman because instead of using Cortaro they will be coming south on Hartman, as well as north by dividing the traffic into a more two way flow as apposed to a mostly north flow during rush hour times in the evening and a southerly flow in the mornings. By requi . g the developer to create a left turn lane it would ease congestion and cre .' .er area to cross. He asked to do a couple more studies on the traffic tne Cortaro/Hartman project is complete. Council Member Escobed neighborhood was in m what the involvement of the ~ect. Upon motion by Blake, Resolution was 'mouslyap do, seconded by Council Member the next Council meeting, June 5th, 4. lating to al Estate; establishing the Learning . ing the Mayor to execute a lease and use ood Bank relating to the Learning Farm; ne Fairall) Council and stated this item would authorize the Mayor to ith the Community Food Bank -concerning the Learning Farm which. is ri ext to the Heritage House. They have gotten a sub-lease approval fr~J.n the State of Arizona for one of the three fields. They are applying the oth .\ two fields. The resolution would authorize the Mayor to execute the ith respect to all three of the fields as soon as the sub-lease is y the State. Mayor Kai asked if we can make sure that weeds are taken care of and that the Food Bank will live up to that. Mr. Cassidy stated he would add to seven something to indicate that they will use standard farming practices regarding addressing noxious weeds. Vice Mayor Kai asked if there was something under indemnity and hold harmless that could be added to lessen liability. Mr. Cassidy stated it already does require the coverage of a million dollars and stated if it is the feeling that is not sufficient they can increase it, but it would increase the cost to the Community Food Bank. Mr. Cassidy stated he will contact the risk pool and get their feedback on how we might tighten that up. 12 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: May 16, 2007 Upon motion by Council Member McGorray, seconded by Council Member Blake, Resolution No. 2007-84 with amendments regarding noxious weeds and enhancing paragraph nine for more insurance coverage was unanimously approved. K. BOARDS. COMMISSIONS AND CO~M'TI;!i.~ L. ITEMS FOR DISCUSSION/POSSIBLE A1(;TION M. EXECUTIVE SESSIO e true and correct minutes of the Marana Town Council her certify that a quorum was present. 13 TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: June 5, 2007 AGENDA ITEM: J. 1. a TO: MAYOR AND COUNCIL FROM: Jane Fairall, Deputy Town Attorney SUBJECT: Ordinance No. 2007.15: Relating to Parks and Recreation; amending Title 13 of the Marana Town Code, sections 13-1-3 and 13-1-4 regarding possession and discharge of firearms and other weapons in Town public parks; and declaring an emergency. DISCUSSION This item proposes to amend the Marana Town Code provisions that relate to the possession and discharge of firearms in parks. Presently, the Town Code, Section 13-1-3(A)(8), prohibits the possession, carrying and discharge of firearms in parks, except in designated rifle or pistol ranges. However, state law, A.R.S. S 13-3108, limits a municipality's ability to regulate fire- arms. The state statute sets forth in detail the circumstances under which a municipality may limit the possession and discharge of firearms in parks. As currently written, the Town Code prohibition is broader than state law allows. The proposed amendments bring the Town Code into compliance with A.R.S. S 13-3108 and al- low persons to possess, carry and discharge firearms under the exceptions mandated by the state law. The proposed ordinance also sets forth posting requirements as required by A.R.S. S 13- 3108. In addition, this item proposes to change slightly the penalty provisions regarding parks regula- tion violations. Currently, Section 13-1-4 provides that all violations of the parks rules and regu- lations are designated as class 1 misdemeanors. However, under A.R.S. S 13-3108, the unlawful discharge of a firearm in a park can be classified no higher than a class 2 misdemeanor. Thus, this item proposes a change to Section 13-1-4 so that the penalty provision of the parks rules and regulations remains in compliance with state law. RECOMMENDATION Staff recommends adoption of Ordinance No. 2007.15, amending the Town Code to regarding the possession and discharge of firearms in Town parks. SUGGESTED MOTION I move to adopt Ordinance No. 2007.15. {00004899.DOC /} MARANA ORDINANCE NO. 2007.15 RELATING TO PARKS AND RECREATION; AMENDING TITLE 13 OF THE MARANA TOWN CODE, SECTIONS 13-1-3 AND 13-1-4 REGARDING POSSESSION AND DISCHARGE OF FIREARMS AND OTHER WEAPONS IN TOWN PUBLIC PARKS; AND DECLARING AN EMERGENCY. WHEREAS the Town Council is authorized by A.R.S. S 13-3108 to adopt ordinances and rules regarding the possession and discharge of firearms in Town parks; and WHEREAS the Town Council finds that the regulations established by this ordinance are necessary for the public health, safety and general welfare of the Town of Marana. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. Section 13-1-3 of the Marana Town Code is hereby revised as follows (with deletions shown with strikeouts and additions shown with double underlininl!): Section 13-1-3 Use and occupancy rules and regulations A. It is unlawful in any town park to: 1. Operate motorbikes, motorcycles or other motor vehicles on trails, or cross country or on primitive unsurfaced roadways that have been posted, signed or barriered to prohibit vehicle use or on lawns or landscaping. 2. Operate a motor vehicle except on roads and parking areas designated for those purposes; to operate a motor vehicle at a speed greater than that posted or to fail to obey traffic signs. In all cases, motor vehicles shall be operated in compliance with the Arizona Mmotor V~ehicle code as provided under title 28, A.R.S., while within the boundaries of any town parks or recreation area. 3. Destroy, damage, deface or remove any town regulatory sign, property or facility owned or administered by the town. 4. Use town park or recreation areas for commercial purposes, public meetings or assemblies, erection of signs, fences, barriers or structures, to distribute advertising materials or to sell any goods or services without first obtaining a written permit from the town. 5. Litter, deposit or abandon in or on any town park, parkway or recreational facility any garbage, sewage, refuse, trash, waste or other obnoxious materials except in receptacles or containers provided for those purposes. These receptacles are not to be used for residential trash disposal. {00004896.DOC I} - 1 - JHF 5/25/07 6. Enter upon or use for any purpose the land, water or facilities within the boundaries of town parks and recreation areas when a fee, rental, admission or other consideration has been established for that use, unless the person entering or using the land, water or facility has paid the fee, rental, admission or other consideration to the town. 7. Enter, use or occupy public parks or recreation areas under the supervision and control of the town for any purpose when the parks or areas are posted against that entrance, use or occupancy. 8. Possess, carry or disoharge firearms or other weapons in the town public parks exoept in designated rifle or pistol ranges, to s~hoot with bow and arrow except in designated archery ranges or for specific purposes, locations and seasons as licensed and permitted by Arizona Ggame and Ffish regulations. 9. Bring saddle, pack or draft animals into a town park site unless it has been developed to accommodate them and is posted accordingly. 10. Allow grazing or forage consuming domestic livestock to graze or to roam at-large within the fenced or posted boundaries of town parks. 11. Build fires, except in designated places, or in fireplaces, stoves or grills either provided or approved by the town. 12. Operate any aircraft of any nature or parachute or hang glide on town park property except in areas designated for that use or in an emergency or by permit issued by the town. 13. Collect, remove, destroy, mutilate, damage or deface any natural resource including but not limited to all live and dead vegetation and all parts of it, wildlife, soil, rocks and water, except as otherwise provided for by law or without obtaining prior written approval from the town. Except as otherwise planned for and provided for by the town, all environmental settings shall be kept in their natural state. 14. Bicycle, skateboard, roller skate or roller blade on tennis or basketball courts, or on any other surface which is marked to prohibit these activities. 15. Possess glass containers. 16. Possess or carrY a firearm under the followina circumstances: a. In a Dark of one sauare mile or less in area that is oosted with reasonable notice statina the followina: "Carrvina a firearm in this Dark is limited to oersons who oossess a oermit issued oursuant to AR.S. G 13-3112." b. In a develooed or imoroved area of a oark. orovided that the Dark is more than one sauare mile in area and that the develooed or imoroved area is oosted with reasonable notice statina the followina: "Carrvina a firearm in this develooed or imoroved area is limited to oersons who oossess a oermit issued oursuant to AR.S. G 13-3112." c. This suboaraaraoh 16 shall not aoolv to a oerson: i. Possessina a concealed weaoons oermit issued oursuant to AR.S. G 13-3112: {00004896.DOC I} - 2 - JHF 5/25/07 ii. Enaaaed in a oermitted firearms or hunter safety course conducted in a Dark bv a certified hunter safety instructor or certified firearms safety instructor: iii. At a orooerlv suoervised ranae as defined in AR.S. G 13-3107. a oermitted shootina event. a oermitted firearms show or in a oermitted huntina area: iv. Leaallv transoortina. carrvina. storina or oossessina a firearm in a vehicle: v. Goina directlv to or from an area where the oerson is lawfullv enaaaed in huntina. marksmanshio oractice or recreational shootina: vi. Traversina a trailhead area in order to aain access to areas where the oossession of firearms is not limited: vii. Usina trails oaths or roadways to ao directlv to or from an area where the oossession of firearms is not limited and where no reasonable alternative means of access is available. d. For the ourooses of this suboaraaraoh 16: i. "Develooed or imoroved area" means an area of orooertv develooed for oublic recreation or familv activity. includina oicnic areas. concessions. olavarounds. amohitheaters. racauet courts. swimmina areas. aolf courses. zoos. horseback ridina facilities and boat landina and dockina facilities. but excludina camoarounds. trails. oaths or roadways. exceot trails. oaths or roadways directlv associated with and adiacent to desianated develooed or imoroved areas. ii. "Firearm" means any loaded or unloaded handaun. oistol. revolver. rifle. shotaun or other weaoon that will exoel. is desianed to exoel or may readilv be converted to exoel a oroiectile bv the action of an exolosive. but does not include a firearm that is in oermanentlv inooerable condition. iii. "Reasonable notice" means notice that is reauired bv section 13-1-3 (A)(16)(a) and (b) and that is consoicuouslv oosted at all oublic entrances and at intervals of one-fourth mile or less where the Dark or develooed or imoroved area has an ooen oerimeter. 17. Discharae a firearm. a. This suboaraaraoh 17 does not aoolv to a oerson who discharaes a firearm under the followina circumstances: i. As allowed oursuant to AR.S. title 13. chaoter 4: ii. On a orooerlv suoervised ranae as defined in AR.S. G 13-3107: iii. In an area recommended as a huntina area bv the Arizona aame and fish deoartment and aooroved and oosted as reauired bv the chief of oolice: orovided. however. that any such area may be closed when deemed unsafe bv the chief of oolice or the director of the Arizona aame and fish deoartment: iv. To control nuisance wildlife bv oermit from the Arizona aame and fish deoartment or the United States fish and wildlife service: {00004896.DOC /} - 3 - JHF 5/25/07 v. Bv soecial oermit of the chief of oolice: vi. As reauired bv an animal control officer in oerformina duties soecified in A.R.S. & 9-499.04 and title 11. chaoter 7. article 6 and title 6 of this ~ vii. In self-defense or defense of another oerson aaainst an animal attack if a reasonable oerson would believe that deadlv ohvsical force aaainst the animal is immediatelv necessarv and reasonable under the circumstances to orotect oneself or the other oerson. b. For the ourooses of this suboaraaraoh 17. "firearm" carries the same meanina as defined in section 13-1-3(A)(16)(d)(ij). B. Hours of park established. The parks and recreation areas, unless otherwise posted, shall be open from 7:00 a.m. until 1 0:00 p.m. SECTION 2. Section 13-1-4 of the Marana Town Code is hereby revised as follows (with deletions shown with strikeouts and additions shown with double underlininl!): Section 13-1-4 Violations and penalties A. Exceot as orovided in oaraaraoh B. a A person or corporation who violates any of the foregoing rules and regulations is guilty of a class 1 misdemeanor, punishable by a maximum fine of $2,500, a maximum term of incarceration of six months, and a maximum length of probation of three years. B. A oerson or corooration who violates section 13-1-3(A)(17) is auiltv of a class 2 misdemeanor. ounishable bv a maximum fine of $750. a maximum term of incarceration of four months. and a maximum lenath of orobation of two vears. SECTION 3. IT IS FURTHER ORDAINED that, since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this ordinance become immediately effective, an emergency is hereby declared to exist, and this ordinance shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 5th day of June, 2007. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney {00004896.DOC /} - 4- JHF 5/25/07 TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: June 5, 2007 AGENDA ITEM: J. 1. b TO: MAYOR AND COUNCIL FROM: Jane Fairall, Deputy Town Attorney SUBJECT: Resolution No. 2007-92: Relating to Parks and Recreation; declar- ing the revisions to Town Code Title 13 adopted by Marana Ordi- nance No. 2007.15 as a public record filed with the Town Clerk; and declaring an emergency. DISCUSSION This resolution makes the amendments to Title 13 of the Marana Town Code a public record. This process makes it possible for the revisions to be adopted by reference under A.R.S. ~ 9-802, thereby avoiding the requirement to publish the entire document, as would otherwise be required under A.R.S. ~ 9-812. RECOMMENDATION Staff recommends adoption of Resolution No. 2007-92, immediately prior to or at the same time as the adoption of Ordinance No. 2007.15, the adopting ordinance for the revisions to Title 13 of the Marana Town Code. SUGGESTED MOTION I move to adopt Resolution No. 2007-92, and declare an emergency. {00004902.DOC I} JHF 512512007 MARANA RESOLUTION NO. 2007-92 RELATING TO PARKS AND RECREATION; DECLARING THE REVISIONS TO TOWN CODE TITLE 13 ADOPTED BY MARANA ORDINANCE NO. 2007.15 AS A PUBLIC RECORD FILED WITH THE TOWN CLERK; AND DECLARING AN EMERGENCY. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. The revisions to Town Code Title 13 (Parks and Recreation) adopted by Marana Ordinance No. 2007.15, a copy of which is attached to and incorporated in this resolution as Exhibit A and three copies of which are on file in the office of the Town Clerk, is hereby declared to be a public record and ordered to remain on file with the Town Clerk. SECTION 2. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, an emergency is hereby declared to exist, and this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 5th day of June, 2007. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney {0000490I.DOC I} JHF 5/25/07 TOWN COUNCIL MEETING INFORMATION MEETING DATE: TOWN OF MARANA June 5, 2007 AGENDA ITEM: J.2 TO: MAYOR AND COUNCIL FROM: Barbara Johnson, Director of Public Works SUBJECT: Resolution No. 2007-93: Relating to Public Works; approving and authorizing the implementation of a Capital Improvement Program Manual to assist in the coordination of community planning, financial capacity and physical development of the Town of Marana. DISCUSSION The Town of Marana, through the Mayor and Council and the Public Works Department, is responsible for the planning, financing and implementation of capital improvement projects within the Town. To properly insure sound fiscal and capital planning, effective leadership and the involvement and cooperation of all municipal departments a Capital Improvement Program should be established. This Resolution and its related Capital Improvement Program Manual will provide the proper guidance and procedures to enable the Town to properly control its physical growth. A Capital Improvements Working Group will be established that will initiate and implement the goals and processes set forth in the Manual. RECOMMENDATION Staff recommends Mayor and Council authorize the implementation of a Town of Marana Capital Improvement Program Manual attached to this resolution as Exhibit A in incorporated . herein by this reference. A TT ACHMENT(S) Capital Improvement Program Manual SUGGESTED MOTION I move to adopt Resolution 2007-93. {00004927.DOC /} ClH 5/25/07 Page 1 of 1 MARANA RESOLUTION NO. 2007-93 RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE IMPLEMENT A nON OF A CAPITAL IMPROVEMENT PROGRAM MANUAL TO ASSIST IN THE COORDINA nON OF COMMUNITY PLANNING, FINANCIAL CAPACITY AND PHYSICAL DEVELOPMENT OF THE TOWN OF MARANA. WHEREAS the Mayor and Council through the Public Works Department of the Town of Marana are responsible for the planning, financing and implementation of capital improvement projects within the Town; and WHEREAS development of a Capital Improvement Program Manual will insure sound fiscal and capital planning through effective leadership and the involvement and cooperation of all municipal departments; and WHEREAS, the Mayor and Council of the Town of Marana feel it is in the best interests of the public to adopt a Capital Improvement Program Manual. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Marana Public Works Department, Capital Improvement Program Manual attached to and incorporated by this reference in this resolution as Exhibit A is hereby adopted. BE IT FURTHER RESOLVED that the Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required to carry out the terms, obligations, and objectives of the aforementioned manual. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 5th day of June, 2007. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Cedric Hay, Senior Assistant Town Attorney {00004897.DOC /} CIH 5/25/07 Developing a Capital Improvements Program A Manual for the Town of Marana {00004928.DOC /} Page 1 of27 OS/29/2007 TABLE OF CONTENTS INTRODUCTION .................................................................................................................................. 4 DIRECTIONS FOR IMPLEMENTING A CAPITAL IMPROVEMENTS PROGRAM..................... 7 Step One: ADOPT A CIP MANUAL BY RESOLUTION AND APPOINT A CIP WORKING GROUP .............................................................................................................................................. 7 Step Two: DEVELOP AN INVENTORY OF EXISTING FACILITIES ...................................... 11 Step Three: DETERMINE THE STATUS OF PREVIOUSLY APPROVED PROJECTS ........... 12 Step Four: ASSESS THE TOWN'S FINANCIAL CAPACITy..................................................... 12 Step Five: SOLICIT, COMPILE AND EVALUATE PROJECT REQUESTS .............................. 13 Step Six: ESTABLISH PROJECT PRIORITy............................................................................... 14 Step Seven: DEVELOP A CIP FINANCING PLAN ..................................................................... 15 Step Eight: ADOPT A CAPITAL IMPROVEMENT PROGRAM................................................. 17 Step Nine: MONITOR APPROVED PROJECTS ..........................................................................20 Step Ten: UPDATE CAPITAL PROGRAM .................................................................................. 20 APPENDIX .......................................................................................................................................... 22 EXHIBIT I: RESOLUTION ADOPTING CIP MANUAL and CREATING A CAPITAL IMPROVEMENT PLANNING WORKING GROUP .................................................................... 23 EXHIBIT II: CAPITAL IMPROVEMENT BUDGET POLICIES .................................................28 EXHIBIT III: DEBT POLICIES...................... ................. ....... ..... .................................... ............... 30 EXHIBIT IV: CAPITAL IMPROVEMENTS PROGRAM FORMS............................................. 32 FORM A: Town of Marana-CAPITAL FACILITIES & EQUIPMENT INVENTORy............ 32 FORM B: CAPITAL PROJECT REQUEST ..............................................................................34 FORM C: CAPITAL PROJECT REQUEST FOR EQUIPMENT PURCHASE OR MAJOR RENTAL ...................................................................................................................................... 42 FORM D: CAPITAL IMPROVEMENT PROGRAM DETAILED PROJECT DESCRIPTION47 FORM E: CAPITAL IMPROVEMENT RATING SHEET ........................................................49 {OOO04928.DOC I} Page 2 of 27 OS/29/2007 USING THIS MANUAL This manual has been prepared by the Public Works Department to assist the Town of Marana in carrying out its responsibilities in planning, financing and implementing capital improvements. This manual has two parts. Part I describes the 10 steps needed to establish a capital improvements program (or Crp). Part II contains the forms and other information necessary to implement a crp. The guidelines provide a framework that will enable the Town to make planned and consistent decisions about the construction and maintenance of municipal infrastructure. INTRODUCTION WHAT IS A CAPITAL IMPROVEMENTS PROGRAM? A capital improvements program is a blueprint for planning the Town's capital expenditures and is one of the most important responsibilities of local government officials. The crp coordinates community planning, financial capacity and physical development. A capital improvements program is composed of two parts --a capital budget and a capital program. The capital budget is the upcoming year's spending plan for capital items (tangible assets or projects that cost at least $100,000, represent significant public impact, and/or have a useful life of at least five years). The capital program is a plan for capital expenditures that extends five years beyond the capital budget. Development of a crp that will insure sound fiscal and capital planning requires effective leadership and the involvement and cooperation of all municipal departments. For that reason, this manual places responsibility for overseeing the crp process with the Town Manager, the Town Council, and a crp Working Group. The Working Group begins the crp process by forwarding its recommended capital budget and program to the Council. The Council members review the proposal and make their recommendations for changes or adoption. A complete, properly developed crp has the following benefits: I. Facilitates coordination between capital needs and the operating budgets. 2. Enhances the community's credit rating, control of its tax rate, and avoids sudden changes in its debt service requirements. 3. Identifies the most economical means of fmancing capital projects. 4. Increases opportunities for obtaining federal and state aid. 5. Relates public facilities to other public and private development and redevelopment policies and plans. {00004928.DOC I} Page 3 of 27 OS/29/2007 6. Focuses attention on community objectives and fiscal capacity. 7. Keeps the public informed about future needs and projects. 8. Coordinates the activities of neighboring and overlapping units of local government to reduce duplication. 9. Encourages careful project planning and design to avoid costly mistakes and help a community reach desired goals. 10. Establishing ongoing Operations & Maintenance as part of the normal budget process. DIRECTIONS FOR IMPLEMENTING A CAPITAL IMPROVEMENTS PROGRAM Step One: ADOPT A CIP MANUAL BY RESOLUTION AND APPOINT A CIP WORKING GROUP In order to establish a formal eIP process, the town should consider adopting a eIP Manual through Resolution. The Appendix (Exhibit I) includes a sample resolution and a process which covers appointment of the Working Group, the Working Group's duties, and its authority. The Town Council should also adopt formal policies to guide the town's capital improvement process and debt management. Sample policies are included in the Appendix (Exhibits II and III). While it is not necessary to adopt a eIP resolution and eIP policies to establish a sound eIP process, such formal guidelines can provide valuable direction. One of the first tasks of the eIP Working Group is to prepare a schedule for completing the eIP. This schedule should be given to all local officials involved in the eIP process. The sample eIP schedule on the following page outlines each of the 10 steps that this manual covers. {00004928.DOC /} Page 4 of27 OS/29/2007 Schedule Council Meeting Oct. 1 - Nov. 1 Nov. I - Dee. 1 Dec. 1 - Jan. 1 Jan. 1 - Feb. 1 Feb. 1 - Feb. 20 Feb. 20 - Apr. 15 Apr. 15 July I-Ongoing Next fiscal year {00004928.DOC I} N Step umber 1 2 3 4 5 6 7 CIP Working Group Schedule Step Adopt CIP Manual by Resolution, which includes a CIP Working Group. ClP Working Group prepares inventory of current facilities. CIP Working Group surveys status of previously approved projects. ClP Working Group prepares financial analysis. Departments prepare and submit requests. 8 CIP Working Group reviews and ranks requests. ClP Working Group prepares six-year schedule of projects and makes decision on method of financing based upon financial analysis and obtains Town Manager Approval to proceed. ClP Working Group presents Capital Budget and Capital Program to the Town Manager & Town Council. . Town Council reviews the prioritized & ranked ClP. . Working Group holds public hearing. . Working Group prepares final ClP recommendations. 9 Finance reviews Capital Budget and prepares recommendation for Manger & Council. 10 Projects scheduled for upcoming year are incorporated into budget. Town Council approval of upcoming year's capital budget and review of capital plan followed by department head preparation for acquisition and development activities on July 1. 12 13 Beginning of fiscal year; monitoring of new and ongoing projects. 14 Update Capital Program. Page 5 of 27 OS/29/2007 Step Two: DEVELOP AN INVENTORY OF EXISTING FACILITIES The initial task for the CIP Working Group is to prepare a complete inventory of all town properties and assets. The CIP Working Group would be a user of the 2 initiatives currently under way in the Finance and GIS Departments. At a minimum, the inventory should include all buildings and equipment; it is desirable for the inventory to include utilities, roads and sewers as well. Included in the Appendix is a sample form (Exhibit IV, Form A) on which to collect inventory data from department heads. The inventory shall also include documentation on the need for renewal, replacement, expansion or retirement of all physical assets. For each asset include information on the year the facility was built or acquired, the date oflast improvement, its condition, the extent of use, and the scheduled date for rebuilding or expansion. Included in the Appendix is a sample form (Exhibit IV, Form A) on which to collect inventory data from Department and division heads. Please note that there is an on-going inventory valuation project through the Finance Department and an Asset Management initiative through GIS. The data collected at this step may come through either of those sources and should not be unique to the CIP. In other words no new data collection is required. Step Three: DETERMINE THE STA TUS OF PREVIOUSL Y APPROVED PROJECTS The next step is to identifY projects currently in development, design or construction, determine whether additional funds are required, and determine the amount of unspent funds available from completed and discontinued projects. The benefit ofthis update is that officials involved in the budget process will be kept informed ofthe progress of projects approved in prior years. The results of this analysis are presented in a written report to be included with presentation of the capital budget and program by the Working Group. No special format is suggested for this report, but it should be completed before department and division heads submit their requests for new projects (Step Five). Step Four: ASSESS THE TOWN'S FINANCIAL CAPACITY With the assistance ofthe Finance Director, the Working Group should analyze the town's ability to afford major expenditures. This analysis should examine recent and anticipated trends in revenues, expenditures, debt and unfunded liabilities such as pension costs. The analysis should be included with the Working Group's presentation ofthe capital budget and program to the Manager & Council Members (Step Eight). This financial analysis will permit the scheduling of funding sources to: 1. Keep the direct & indirect tax rates stable 2. Balance debt service and operating expenditures 3. Determine available debt capacity and acceptable debt service levels 4. Maximize intergovernmental aid for capital expenditures {00004928.DOC I} Page 6 of27 OS/29/2007 Step Five: SOLICIT. COMPILE AND EVALUATE PROJECT REQUESTS The CIP Working Group will solicit departmental recommendations for CIP projects. Using or adapting the forms in the Appendix (Exhibit IV, Forms B and C), each department submits requests that include a clear statement of the need and justification for the project, its costs, its net effect on the operating budget, and an implementation schedule. The Working Group then evaluates each request by reviewing the project information provided on Forms Band C and meeting with the requesting department head or Council member, if necessary. In reviewing project requests, the Working Group will consider the following questions: 1. Does the requested project contribute to the achievement of existing town goals, policies, plans and work programs? 2. What are the general benefits ofthe project? 3. What is its total cost (both capital and annual operating expenses), and what is its effect on direct & indirect tax rates? 4. Is the project acceptable to the public? 5. Are there legal requirements that must be met? Based on its review, the Working Group should summarize its findings in preparation for establishing project priorities. Step Six: ESTABLISH PROJECT PRIORITY In this step the proposed projects are ranked in priority as objectively as possible. The summary of the findings from Step 5 will assist the Working Group in this effort. Additionally, the adoption by the Town Council of Capital Improvement Budget Policies and Debt Policies (such as Exhibits II and III in the Appendix) can provide helpful guidance. In addition to adopted policies, a rating sheet also encourages objectivity. It can assist the Working Group in the development of numerical ranking of projects and help in the setting of project priorities. A sample rating sheet is included in the Appendix (Exhibit IV, Form E). It can provide assistance in evaluating projects according to six criteria and translating subjective project information and the Working Group's independent analysis into objective numerical weights. These weights can guide the Working Group in establishing project priorities. The rating sheet can be modified according to the Working Group's needs. Whether or not a rating sheet is used, the CIP Working Group should review each project in relation to other projects and determine their relative importance based on the set criteria. This will permit the Working Group to establish project priorities based on both the community's goals and objective analysis. Step Seven: DEVELOP A CIP FINANCING PLAN Based upon the adopted debt and CIP policies (Step One) and the assessment of the town's financial {00004928.00C I} Page 7 of27 OS/29/2007 capacity (Step Four), the Working Group should recommend the method of financing each project. There are a number of ways to finance capital improvement projects. Some of the most common long and short-term financing options are: Long-Term Financing: 1. General obligation bonds and revenue bonds. 2. State and federal loans and grants. 3. Setting aside money in the stabilization fund to pay for all or a portion of a capital project. 4. Debt exclusions - With voter approval allows a community to assess taxes in excess of its levy limit or levy ceiling for the payment of debt service over the life of the issue. 5. Private Sector obligations and commitments. Short-Term Financing and other Service Provision Options: 1. Appropriation of current revenue or reserves such as free cash. 2. Short-term debt such as bond anticipation notes and grants anticipation notes. 3. Capital outlay expenditure exclusions - with voter approval to assess taxes in excess of its levy limit or levy ceiling for the payment of certain capital projects. 4. Contracting/leasing provisions authorized by ARS-NOTE: A community may enter into a multi- year contract for any period of time that services the best interest of the governmental body, however, payment and performance obligations for succeeding fiscal years shall be dependent on the availability and appropriation of funds. 5. Private sector service provision is also available. Under this option private firms .provide public services to a community on a contractual basis or through another arrangement such as a license or lease-back agreement (for capital assets). SteD Eiaht: ADOPT A CAPITAL IMPROVEMENT PROGRAM The CIP Working Group's completed report should be presented through the Manager to the Town Council for review and adoption. The report should include a summary of the CIP Working Group's recommendations for the upcoming year's Capital Budget and the following years' Capital Program as well as its analysis ofthe town's fiscal capacity (Step Four). Forms D and F (in Exhibit IV) can be used to consolidate project information in the Working Group's report. Form D, "Detailed Project Description," is prepared by the CIP Working Group to reflect its final recommendation on each specific project. It presents all that is known about each project in a manner that is conducive to discussion and decision. Form F is an example of how all project requests can be consolidated into a single "Town Project Summary" for the entire town for submittal to the Town Manager. It is this final document that is presented to the Council Members as the CIP Working Group's recommended Capital Budget and Program covering the next six years. If the Council {00004928.DOC /} Page 8 of27 OS/29/2007 Members would like additional information about requested projects, they may review copies of each department head's project request forms, Forms Band C. The Town Council should hold its own public hearing to present the CIP and solicit further citizen comment. If the Council holds its own hearing on the annual budget, the CIP hearing can be incorporated into the regular budget hearing. The Town Council then considers (and may amend) the proposed Capital Budget and Capital Program and forwards them to the Finance Department. The Finance Department reviews and recommends action only on the Capital Budget, but does so in considering the overall Capital Program. The Finance Department recommendation to amend the Capital Budget suggests disagreement with portions ofthe Capital Program and shall be resolved by the Town Manager. The Council's Capital Budget may remain a separate agenda item or the Capital Budget may be incorporated into the main budget agenda and submitted through the budget process. However, noted in the proposed ordinance creating the CIP Working Group (see Appendix, Exhibit I), no appropriation may be voted for a capital expenditure that has not been considered in the CIP Working Group's report to the Council Members (unless the CIP Working Group explains the omission in writing). The entire Capital Improvements Program (Program and budget) is also presented at a formally noticed Town Council Study Session. This will demonstrate to the community that the Capital Budget is part of a long-range plan to upgrade and maintain the town's infrastructure. The advantages of presenting the entire program and budget at a study session are: 1. The Mayor and Council are kept informed of the ongoing need for large capital expenditures in many town departments. 2. The Mayor, Council and the public are provided an opportunity to look to the future and consider the quality of services that will be provided. The Council's adoption of the Capital Budget informs the balance of the community of the commitment to plan for and fund the acquisition and/or development of capital facilities. Step Nine: MONITOR APPROVED PROJECTS Once the Mayor and council have adopted the Capital Budget and the fiscal year begins, departments are authorized to begin project implementation. The Town Council, through its CIP Working Group, {00004928.DOC I} Page 9 of27 OS/29/2007 should monitor the efforts of the departments. Periodic reports by the CIP Working Group to the Council Members should indicate changes in the targeted completion dates, identify serious problems, and document the financial status of each project. Those reports may be based on project updates provided by the responsible departments on a quarterly or other regular basis. These updates should provide the information necessary to complete Step Three, determining the status of approved projects. Step Ten: UPDATE CAPITAL PROGRAM Subsequent annual updating ofthe Capital Program involves repeating Steps 2 through 9 to reflect new information, policies and proposed projects. The CIP Working Group should review and revise the entire program as necessary to reflect its most recent determination of the need for equipment, maintenance of equipment, the town's social and environmental conditions, the development or revision of financial policies, and the community's financial resources. After the first year has been budgeted, one year is added to the Capital Program and the remainder of the plan updated. This completes the CIP process. {00004928.DOC I} Page 10 of27 OS/29/2007 APPENDIX Exhibit I Resolution and Creating a CIP Working Group Exhibit II Capital Improvements Budget Policies Exhibit III Debt Policies Exhibit IV Capital Improvements Program Forms Form A Capital Facilities & Equipment Inventory Form B Capital Project Request Form C Capital Project Request for Equipment Purchase or Major Rental Form D Detailed Project Description Form E Capital Improvement Rating Sheet Form F Capital Improvements Program Project Summary -- SAMPLE {00004928.DOC I} Page 11 of27 OS/29/2007 EXHIBIT I: RESOLUTION ADOPTING CIP MANUAL and CREA TING A CAPITAL IMPROVEMENT PLANNING WORKING GROUP RESOLUTION: RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE IMPLEMENT A nON OF A CAPITAL IMPROVEMENT PROGRAM MANUAL TO ASSIST IN THE COORDINATION OF COMMUNITY PLANNING, FINANCIAL CAP ACITY AND PHYSICAL DEVELOPMENT OF THE TOWN OF MARANA. WHEREAS the Mayor and Council through the Public Works Department of the Town of Marana are responsible for the planning, financing and implementation of capital improvement projects within the Town; and WHEREAS development of a Capital Improvement Program Manual will insure sound fiscal and capital planning through effective leadership and the involvement and cooperation of all municipal departments; and WHEREAS, the Mayor and Council of the Town of Marana feel it is in the best interests of the public to adopt a Capital Improvement Program Manual. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARAN A, ARIZONA, that the Marana Public Works Department, Capital Improvement Program Manual attached to and incorporated by this reference in this resolution as Exhibit A is hereby adopted. BE IT FURTHER RESOLVED that the Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required to carry out the terms, obligations, and objectives of the aforementioned manual. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 5th day of June, 2007. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Cedric Hay, Senior Assistant Town Attorney CREATION OF CIP WORKING GROUP Section 1. After the Town Council adopts the CIP Manual by Resolution, a working group to be known as the CIP Working Group, should be established and appointed. It should be composed of {00004928.DOC /} Page 12 of27 OS/29/2007 one member of the Manager's Office, and the Director or designeel from each Operational and Planning Department as follows: Deputy Town Manager, Assistant Town Manager, Assistant Public Works Director Capital Improvement Projects, Public Works Contract Administrator, Airport Operations Director, Parks & Recreation Director, Planning and Zoning Director, Public Works Director, Operations and Maintenance Director, Utilities Director, Public Works Environmental Engineering Division Manager, and Town Engineer. The Town Director of Finance and Town Attorney shall be an ex-officio Working Group staff members without the right to vote. The Working Group shall choose its own officers annually. Section 2. The Working Group shall study proposed capital projects and improvements involving major non-recurring tangible assets and projects that: 1) are purchased or undertaken at intervals of not less than five years; 2) have a useful life of at least five years; and 3) cost over $100,000. All officers, boards and Working Groups, including the Council Members, shall, give to the Working Group, on forms prepared by it, information concerning all anticipated projects requiring Town Council action during the ensuing six years. The Working Group shall consider the relative need, impact, timing and cost ofthese expenditures and the effect each will have on the financial position ofthe town. No appropriation shall be voted for a capital improvement requested by a department, board or commission unless the proposed capital improvement is considered in the Working Group's report2, or the Working Group shall first have submitted a report to the Town Council explaining the omission. Section 3. The Working Group shall prepare an annual report recommending a Capital Improvement Budget for the next fiscal year, and a Capital Improvement Program including recommended capital improvements for the following 5 fiscal years. The report shall be submitted to the Town Manager & Town Council for its consideration and approval. The Working Group shall present the Capital Budget at a formal study session and submit it for adoption by the town. Section 4. The Capital Improvement Program, after its adoption, shall permit the expenditure on projects included therein of sums from departmental budgets for surveys, architectural or engineering advice, options or appraisals; but no such expenditure shall be incurred on projects that have not been so approved by the town through the appropriation of sums in the current year or in prior years, or for preliminary planning for projects to be undertaken more than 5 years in the future. Section 5. The Working Group's report and the Council's recommended Capital Budget shall be published and made available in a manner consistent with the distribution of the appropriate Finance Department report. The Working Group shall deposit its original report with the Town Clerk. 1The size and membership of the ClP Working Group, length of terms and the procedure for filling vacancies will be determined during the first year of operations during process development. 2 This does not apply to citizen petitions. {00004928.DOC /} Page 13 of27 OS/29/2007 EXHIBIT II: CAPITAL IMPROVEMENT BUDGET POLICIES Town of Marana 1. The town will make all capital improvements in accordance with an adopted capital improvement program. 2. The town will develop a multi-year plan for capital improvements and update it annually. 3. The town will enact an annual capital budget based on the multi-year capital improvement plan. Future capital expenditures necessitated by changes in population, changes in real estate development or changes in economic base will be calculated and included in capital budget projections. 4. The town will coordinate development ofthe capital improvement budget with development of the operating budget. Future operating costs associated with new capital improvement will be projected and included in operating budget forecasts. 5. The town will use intergovernmental assistance to finance only those capital improvements that are consistent with the capital improvement plan and priorities, and whose operating and maintenance costs have been included in operating budget forecasts. 6. The town will maintain all its assets at a level adequate to protect the town's capital investment and to minimize future maintenance and replacement costs. 7. The town, as part of its capital planning process, will project its equipment replacement and maintenance needs for the next several years and will update this projection each year. From this projection, a maintenance and replacement schedule will be developed and followed. 8. The town will identify the estimated costs and potential funding sources for each capital project proposal before it is submitted to the Town Council for approval. 9. The town will determine the least costly financing method for all new projects. Source: "Handbook 4, Financial Performance Goals", Evaluating Local Government Financial Condition, International City Management Association. {00004928.DOC /} Page 14 of27 OS/29/2007 EXHIBIT III: DEBT POLICIES Town of Marana 1. The town will confine long-term borrowing to capital improvements or projects that cannot be financed from current revenues. 2. When the town finances capital projects by issuing bonds, it will pay back the bonds within a period not to exceed the expected useful life of the project. 3. Total debt service for general obligation debt will not exceed _ percent oftotal annual locally generated operating revenue. 4. Total general-obligation debt will not exceed that provided in the state statues. 5. Where possible, the town will use special assessment, revenues or other self-supporting bonds, instead of general obligation bonds. 6. The town will not use long-term debt for current operations. 7. The town will retire bond anticipation debt within six months after completion ofthe project. 8. The town will maintain good communications with bond rating agencies about its financial condition. The town will follow a policy of full disclosure on every financial report and bond prospectus. Source: "Handbook 4, Financial Performance Goals", Evaluating Local Government Financial Condition, International City Management Association. {00004928.00C /} Page 15 of27 OS/29/2007 EXHIBIT IV: CAPITAL IMPROVEMENTS PROGRAM FORMS Form A Capital Facilities & Equipment Inventory Form B Capital Project Request Form C Capital Project Request for Equipment Purchase or Major Rental Form D Detailed Project Description Form E Capital Improvement Rating Sheet Form F Capital Improvements Program Municipal Project Summary -- SAMPLE FORM A: Town of Marana-CAPITAL FACILITIES & EQUIPMENT INVENTORY or Facility Year Built or Acquired Latest Major Improvement Condition Extent of Use Target Date Rebuilding Expansion Equipment (1) (2) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 o (1) Condition: Report as fair, good, and excellent. o (2) Extent of Use: Report as light, moderate, and heavy. {00004928.DOC /} Page 16 of27 OS/29/2007 FORM B: CAPITAL PROJECT REQUEST (Excluding equipment) Department & Activity Contact Person 1. Project Title Date Prepared Phone Number 2. Purpose of Project Request Form (Check One) 3. Department Priority ( ) Add a new item to the program ( ) Delete an item in a year already a part of the program ( ) Modify a project already in the adopted program 4. Location 5. Description 1 Justification & Useful Life 2 Cost & Recommended Sources of Financing BUDGET FY TOTAL * RECOMMENDED SOURCES OF FINANCING Program year FY Program year FY Program year FY Program year FY Program year FY . Program year FY TOTAL SIX YEARS After Sixth Year If adjusted for inflation, indicate adjustment percentage here: * Interest cost not included. 8. Net Effects on Operating Costs (:t) Direct Costs Personnel: number & amount. Net Effect on Municipal Income (:t) purchase of service materials & supplies equipment purchases utilities other Subtotal () Indirect Operating Costs fringe benefits General admin. costs other Subtotal Total Operating Cost Debt Service (P & 1) () {00004928.DOC /} Page 17 of27 OS/29/2007 Total Operating Cost 10. Submitting Authority Date Submitted by Signature Position 11. Reserved Source: "A Capital Improvement Programming Handbook", Government Finance Officers Association. {00004928.DOC /} Page 18 of27 OS/29/2007 Instructions for: CAPITAL PROJECT REQUEST (Form B) Form B requests the basic information required for each department project request. It should be completed for each project whether it is for a new project, project modification, or cancellation of a previously approved project. 1. Project Title: Insert title of proposed project. 2. Purpose of Project Request Form: Indicate whether the project is a new project, a modification or cancellation. 3. Department Priority: Consider all projects being proposed by your department in the same program year. Assign a weight of 100 to the top priority project for each year. Rate all other projects proposed for the same year relative to the top priority project. For example, if projects A (100), B (95) and C (60) were proposed for a program year, the weight of"100" would be placed in Item 3 for project A. Also, in parentheses include the notation (1 of 3) to identify the project as the top priority ofthree proposed projects. 4. Location: Designate the location or boundary limits ofthe proposed project. If a site is required but has not been selected, this should be indicated; or, if a site is tentative, provide as much accuracy as possible. Ifnot applicable, enter "N/A". 5. Description: Explain the nature of the project and indicate whether the project is to replace existing facilities, equipment or land, or is an addition involving an increase in service delivery. Describe the expected relationships of this project to existing or planned facilities and services, both public and private. Summarize the probable impact ofthe project on the environment or the municipality, if applicable. Please note that this segment must be expanded to add more weight and refer to a sub-process that will be headed by the Environmental Division. The description ofland acquisition and construction projects should include dimensions, overall characteristics, unusual conditions, and any other pertinent information. Include references to any supporting studies or other relevant background information regarding this project. Attach additional sheets as necessary. 6. Justification and Useful Life: Indicate the need for the project and what it is expected to accomplish and its anticipated useful life. Describe its relationship to local, regional, state and {00004928.DOC I} Page 19 of27 OS/29/2007 federal policies and plans, as well as the requesting department's multi-year plans and program. Explain the priority assigned to this project, and the selection ofthe time period proposed. Include any other pertinent information and references to surveys or studies regarding the justification for the project not mentioned in Item 5 above. 7. Cost and Recommended Sources of Financing: Insert the appropriate fiscal year for the budget (1 st Year) and each program year (2nd through 6th). Then, indicate the proposed project expenditures for each fiscal year in the six-year budget and program; and any expenditure beyond the sixth year (after Sixth Year). If adjustments are made due to inflation, indicate the rate used for this adjustment. List any recommendations for sources of financing including independent, joint or non-local financing sources. Such sources may include federal, state and regional authorities, the county, adjacent municipalities, civic organizations and private business. If the project's recommended source of financing involves special conditions or requirements, they should be indicated. 8. Net Effects on Operating Costs: Indicate the effect of the project on the operating expenditures for each category shown. Estimate the budgetary impact of each change, in dollars, if possible, otherwise indicate the change with a:f: in the project's first year. Changes in operating costs in subsequent years should also be noted if different from first-year changes. For personnel, show the estimated increase or decrease in the number of employees, and in salary or wage expenses. For purchase of services, show costs related to services received from suppliers, such as contract labor. Identify any entries for "other". Debt service costs may be computed later by the CIP Working Group as an annual debt service cost (principal and interest) over the project's life. 9. Net Effects on Municipal Income: Indicate the effect ofthe project on municipal income in each category shown in terms of an increase or decrease (:f:) over the first year of the project's life. If possible, estimate the amount of change in income in subsequent years if substantially different from the first year. Income changes might be due to removal of property from tax rolls; a change in its assessed valuation; a change in fees or rents collected; or other causes. 10. Submitting Authority: The department head or other official representative should review, sign and date each Form B. 11. Reserved: This space is reserved for any notes or comments made by the CIP Working Group. Source: Adapted from a form presented in "A Capital Improvement Programming Handbook", Government Finance Officers Association. {00004928.DOC /} Page 20 of 27 OS/29/2007 FORM C: CAPITAL PROJECT REQUEST FOR EQUIPMENT PURCHASE OR MAJOR RENTAL Department & Activity Contact Person Date Prepared: Phone Number: 1. Project Title & Reference No. 2. Form of Acquisition (check appropriate) Purchase Rental 3. Number of Units Requested 4. Cost 5. Purpose of Expenditure (check appropriate) () Schedule replacement ( ) Present Equipment obsolete ( ) Replace worn-out equipment ( ) Reduce personnel time () Expanded service () New operation ( ) Increased safety. ( ) Improve procedures, records, etc. week 6. Replaced item(s) Item Make A. B. C. D. E. Per Unit Purchase price or annual rental $ Plus: Installation or other costs Less: Trade-in or Total $ $ $ {00004928.DOC /} Page 21 of27 OS/29/2007 other discount Net purchase Cost or annual rental $ $ $ $ 1 Number of Similar Items in Inventory 2 Estimated Use of Requested Item(s) Weeks per year Approx. months (if seasonal) For the weeks used, estimate: Average days per Average hours per day used estimated useful life in years Prior Year's Age Maint. Cost Breakdowns Rental Cost 1 Recommended Disposition of Replacement Item(s) Possible use by other agencies Trade-in Sale Submitting Authority Submitted by Date (signature) Position 2 Reserved Source: Adapted from a form presented in "A Capital Improvement Programming Handbook", Government Finance Officers Association. {00004928.00C /} Page 22 of27 OS/29/2007 Instructions for: CAPITAL PROJECT REQUEST FOR EQUIPMENT PURCHASE OR MAJOR RENTAL (Form C) This form, which is presented as Form C, should be included if the capital project is an independent equipment purchase or major rental. 1. Project Title: Insert title of proposed project. 2. Form of Acquisition: Check appropriate category. 3. Number of Units Requested: Indicate the total number of units to be rented or purchased. 4. Cost: Provide cost data requested. 5. Purpose of Expenditure: Check the appropriate reasons for this expenditure. 6. Number of Similar Items in Inventory: Indicate and list the number of similar equipment items in the inventory of the requesting department. 7. Estimated Use of Requested Item(s): Indicate the number of weeks per year the item is expected to be used and the approximate months of the year, if seasonal, and estimate the average usage (in days per week and in hours per day) for the specified period. Also show estimated useful life of the item based on planned usage. 8. Replaced Items: Provide the information indicated for any municipally owned or rented item(s) that will be replaced by the request item(s). Ifthere are no items replaced, enter N/A. 9. Recommended Disposition of Replaced Items: Self-explanatory. 10. Submitting Authority: The agency head or other official representative should review, sign and date each form. 11. Reserved: This space is reserved for any notes or comments made by the CIP Working Group. Source: Adapted from a form presented in "A Capital Improvement Programming Handbook", Government Finance Officers Association. {00004928.DOC I} Page 23 of 27 OS/29/2007 FORM D: CAPITAL IMPROVEMENT PROGRAM DETAILED PROJECT DESCRIPTION (To be filled out by elP Working Group to summarize Project Information) A. IDENTIFICATION & CODING INFORMATION 1. Date 2. Project Name 3. Program 4. Department B. EXPENDITURE SCHEDULE (000'5) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) CostThru Estimate Total Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Beyond Elements $ Total FY FY 6 Years FY FY FY FY FY FY 6 Years Planning Design & 1. Supervision 2. Land Site Improvements 3. & Utilities 4. Construction Furniture & 5. Equipment 6. Total C. FUNDING SCHEDULE (000'5) GO Bonds State Aid D. DESCRIPTION & JUSTIFICATION E. ANNUAL OPERATING BUDGET IMPACT (OOO's) F. MAP Reference Code: Program Costs: Staff Other Facility Costs: Maintenance Other Debt Service Total Costs Other Revenue or Cost Savings Source: Adapted from a form prepared by the Government Finance Officers Association. {00004928.DOC /} Page 24 of27 OS/29/2007 FORM E: CAPITAL IMPROVEMENT RATING SHEET Project Name: Estimated Cost: Maior Considerations Score Ran2:e A. Town Department Priority Classification 1 Mandatory 10 2 Maintenance 7 3 Improve Efficiency 5 4 New Service 2 B. Priority Ranking 1 Very high 10 2 High 7 3 Medium 5 4 Low 2 C. Project's Expected Useful Life (Three years or less score zero) 1 20 or more years 10 2 10 - 19 years 5 3 5 - 9 years 2 D. Effect on Operating & Maintenance Costs 1 Reduce Cost 10 2 Cost Unchanged 5 3 Increase Cost 2 E. Effect on Town's Revenue (tax base) 1 Increase Revenues 10 2 Revenues Unchanged 5 3 Decrease Revenues 2 F . Availability of State/F ederal Grant Moneys (If no, score zero) 1. Yes 5 TOTAL SCORE Adapted from uDeveloping a Capital Improvement Program", Metropolitan Council of the Twin Cities Area. {OOOO4928.DOC I} Page 25 of27 OS/29/2007 Instructions for: CAPITAL IMPROVEMENT RATING SHEET (Form E) This rating sheet has six major considerations that will be used for the purpose of ranking projects on the town's ClP program. Every project will receive a point score in each of the six major considerations. The points will be totaled and used to establish a priority ranking on the CIP program. A. Department Priority Classification The rater must determine the priority classification of a project as detailed below: 1 Mandatory - Refers to the protection of life or maintenance of public health and safety, or legally required3. 2 Maintenance - Refers to a continuation of public services, the conservation of endangered resources, or the finishing of partially completed projects. 3 Improve Efficiency - Refers to the replacement of obsolete facilities or the improvement of community facilities. 4 New Service - Refers to the expansion of the public facilities service area of the town, or the provision of new public services. B. Priority Ranking Enter policy area priority from cover sheet. C. Project's Expected Useful Life Refer to Form B (Item 6) or Form C (Item 7). D. Effect on Operating and Maintenance Costs Refer to Form B (Item 8) or Form C (Item 4). E. Effect on Town's Revenue Capital (Capital Project Requests Only) Refer to Form B (Item 9). F. 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Q E-< f'- Nf'- ~o 00 f'-~ NO\ (j)~ o.olrl (;'jo p... ~ ~ u o q 00 N 0- '<t o o o e TOWN COUNCIL MEETING INFORMATION MEETING DATE: TOWN OF MARANA June 5, 2007 AGENDA ITEM: J. 3 TO: MAYOR AND COUNCIL FROM: Jim DeGrood, Assistant Town Manager SUBJECT: Resolution No. 2007-94: Relating to Economic Development; approving and authorizing a Contract for Services with the Marana Chamber of Commerce DISCUSSION Recognizing the importance of supporting the Town's business community, the Marana Town Council has been supporting the Marana Chamber of Commerce with an annual appropriation of $40,000 per year. For this funding, the Marana Chamber provides a Visitor Center, economic development support, relocation information and the production of special events for the benefit of the community. The Marana Chamber of Commerce seeks to continue this relationship, and is seeking renewal of its contract with the Town for services, with funding in the amount of $40,000 per year. Additionally, the Marana Chamber of Commerce has requested a one time allocation of an additional $20,000 for the purpose of improving its Visitor Center. There are a number of exterior building repairs which are now necessary due to the age and condition of the building. It is also necessary to provide new, wider doors on the building to ensure the building is fully accessible to all members of the public. ATTACHMENTS Chamber Visitor Center Improvement Summary; Contract with the Marana Chamber of Commerce. RECOMMENDATION Staff recommends approval of the annual contract and funding together with additional funding to ensure that the Visitor Center is accessible and in good repair. SUGGESTED MOTION I move approval of Resolution No. 2007-94. JRD/05/3 \12007/10:15 AM MARANA RESOLUTION NO. 2007-94 RELATING TO ECONOMIC DEVELOPMENT; APPROVING AND AUTHORIZING A CONTRACT FOR SERVICES WITH THE MARANA CHAMBER OF COMMERCE. WHEREAS, the Marana Chamber of Commerce was established to assist and promote businesses within the Town of Marana; and WHEREAS, the Marana Town Council supports the endeavors ofthe Marana Chamber of Commerce for the economic development of the community; and WHEREAS, the Marana Chamber of Commerce operates a Visitors Center which provides information on the Town, area attractions, and business services available within the Town to the traveling public along Interstate 10; and WHEREAS, the Marana Chamber of Commerce provides support to the Town and community by organizing special events, engaging in outreach to the Marana Unified School District and providing volunteers to Town sponsored events; and WHEREAS, the Town of Marana recognizes the enormous level of positive exposure that the Marana Chamber of Commerce brings to the Town; and WHEREAS, the Marana Chamber of Commerce Visitors Center is often the first point of contact newcomers to the region have with the Town of Marana, and improvements to the Visitors Center will greatly enhance the image of the Town to the traveling public along Interstate 10. . NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the Mayor is authorized to execute a contract with the Marana Chamber of Commerce for Fiscal Year 2008. IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, conditions and objectives of the agreement. PASSED and ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 5th day of June, 2007. Ed Honea, Mayor ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney DISCRETIONARY FUNDING AGREEMENT MARANA CHAMBER OF COMMERCE, INC. THIS DISCRETIONARY FUNDING AGREEMENT (this "Agreement") is entered into by and between the TOWN OF MARANA, an Arizona municipal corporation (the "Town") and the Marana Chamber of Commerce, Inc., an Arizona 501 (c) 6 non-profit corporation (the "Agency"). The Town and the Agency are sometimes referred to collectively as the "Par- ties," either of which is sometimes individually referred to as a "Party." RECITALS A. The Agency provides benefits to the Town and its residents by promoting awareness and appreciation of diverse traditional and cultural arts in the Marana area. B. The Agency has filed an application with the Town for discretionary funding to provide general support. C. The Town has reviewed the Agency's application and has determined that the heritage and general welfare of the citizens of Marana will be substantially advanced by authorizing the funding under the terms and conditions and for the purposes as set forth in this Agreement. D. The Parties acknowledge that tracking Town payments and Agency outputs and outcomes resulting from the Town funding is prudent practice to assure that public funds are appropriately used and that the public receives the anticipated benefits of the funding. AGREEMENT Now, THEREFORE, based on the foregoing recitals, which are incorporated here by reference, the Parties agree as follows: 1. Funding. The Town hereby commits $40,000 of discretionary funding from the Town's Fiscal year 2007-08 budget to the Agency to fund general assistance, and an ad- ditional $20,000 for specific improvements to the Chamber of Commerce Visitor Center. 2. Outputs and/or Outcomes. Between July 1, 2006 and June 30, 2007, the Agency hereby agrees to provide the following outputs and/or outcomes with the Town general assistance funding provided under this agreement: 2.1. The Chamber website will receive 3,500 hits during the fiscal year. 2.2. The Chamber will link 1,500 visitors annually to community partners providing statistics on economics and tourism. 2.3. The Chamber will hold monthly luncheons with 550 members in at- tendance annually. Marana Chamber ofCommercel Contract Documents fy08.DOC- 1 - 2.4. The Chamber will hold monthly breakfasts with 440 members in at- tendance annually. 2.5. The Chamber will hold monthly LED meetings. 2.6. The Chamber will distribute 7000 street maps of Marana to area mer- chants, visitor centers, and attractions. 2.7. During an annual survey 85% respondents will have an increased awareness of business opportunities in the Town of Marana. 3. Payment Request. Not more than once a month, the Agency shall complete and submit a payment request form to the Town in the form attached as Exhibit A. 4. Ouarterly Report. Within 15 days after the end of each calendar quarter for which the Agency receives funding under this Agreement or before receiving its next quarterly payment, whichever occurs first, the Agency shall complete and submit a quar- terly report to the Town in substantially the form attached as Exhibit B, showing the Agency's progress toward the outputs and/or outcomes set forth in paragraph 2 above. 5. Required Insurance. Before receiving any payment under this Agreement, the Agency shall provide insurance certifications evidencing the following coverages for at least the term of this Agreement: 5.1. $1,000,000 per occurrence general liability coverage with the Town listed as additional insured. 5.2. $1,000,000 per occurrence automobile liability coverage with the Town listed as additional insured (ifthe Agency has vehicles). 5.3. $1,000,000 per occurrence directors and officers coverage with the Town listed as additional insured. 5.4. State of Arizona minimum workers' compensation coverage (if the Agency has paid staff). 6. Corporate Documents. Before receiving initial payment under this Agreement, the Agency shall ensure that copies of the following Agency documentation, including any and all amendments are on file with the Town: 6.1. Articles of incorporation. 6.2. Current bylaws. 6.3. List of current members of the Board of Directors, including their af- filiations. 6.4. Current fiscal year's budget approved by the Board of Directors. 6.5. Internal Revenue Service designation letter. 7. Amendments to Insurance and Documentation. True and accurate copies of any amendments during the term of this Agreement to coverages or terms of insurance re- quired by paragraph 5 above or to the Agency's corporate documentation listed in para- graph 6 above shall be provided to the Town as soon as practicable after approval, but in any event not later than one calendar week after they become effective. Amendments that reduce the insurance coverages below the minimums set forth in paragraph 5 above or Marana Chamber of Commerce 1 Contract Documents :t'y08.DOC- 2 - that in the Town's reasonable opinion materially affect the Agency's ability to deliver the outputs and/or outcomes set forth in paragraph 2 above constitute default for which the Town may withhold payment until the Agency restores the minimum insurance cover- ages or restores the Agency's ability to deliver the outputs and/or outcomes. 8. Default and Dispute Resolution. If either Party defaults (the "Defaulting Party") with respect to any of that Party's obligations under this Agreement, the other Party (the "Non-Defaulting Party") shall be entitled to give written notice in the manner prescribed in paragraph 9 to the Defaulting Party, stating the nature of the default claimed and demanding that the default be corrected. The Defaulting Party shall then have twenty days from the date of the notice within which to cure the default. If any default is not cured within twenty days, then the Non-Defaulting Party shall be the Town, its officers, employees, and agents from and against any and all claims relating to the Agency's ac- tivities, including but not limited to those funded in whole or in part by this Agreement. 9. Manner of Serving. All notices, filings, consents, approvals and other commu- nications provided for in or given in connection with this Agreement shall be validly given, filed, made, transmitted or served if in writing and delivered personally or sent by registered or certified United States mail, postage prepaid, to (or to such other addresses as any Party may from time to time designate in writing and deliver in a like manner): To the Town: TOWN OF MARANA Town Manager 11555 West Civic Center Drive, Building A3 Marana, Arizona 85653 With a copy to: TOWN OF MARANA Town Attorney 11555 West Civic Center Drive Building A3 Marana, Arizona 85653 To the Agency: Marana Chamber of Commerce, Inc. 13881 North Casa Grande Highway Marana, Arizona 85653 10. Term. The term of this Agreement shall begin on the effective date and, unless sooner terminated by the mutual consent of the Parties, shall automatically terminate and shall thereafter be void for all purposes on July 1, 2008. 11. Waiver. No delay in exercising any right or remedy shall constitute a waiver of that right or remedy, and no waiver by the Town or the Agency of the breach of any term of this Agreement shall be construed as a waiver of any preceding or succeeding breach of the same or any other term of this Agreement. 12. Attorney's Fees. If any Party brings a lawsuit against any other Party to en- force any of the terms of this Agreement, or by reason of any breach or default of this Agreement, the prevailing Party shall be paid all reasonable costs and reasonable attor- Marana Chamber of Commercel Contract Documents fy08.DOC- 3 - neys' fees by the other Party, in an amount determined by the court and not by the jury. Nothing in the use of the word "lawsuit" in the preceding sentence shall constitute a waiver, requiring disputes to be resolved by binding arbitration. 13. Counterparts. This Agreement 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 re- moved from the counterparts and the signature pages all attached to a single instrument so that the signatures of all Parties may be physically attached to a single document. 14. Headings. The descriptive headings of this Agreement are inserted to assist in understanding the meaning and construction of this Agreement. 15. Recitals. The Recitals set forth at the beginning of this Agreement are hereby acknowledged, confirmed to be accurate and incorporated here. 16. Exhibits. Any exhibit attached to this Agreement shall be deemed to have been incorporated in this Agreement by reference with the same force and effect as if fully set forth in the body of this Agreement. 17. Time Essence. Time is of the essence for purposes of this Agreement. 18. No Assignment. The Agency's obligations under this Agreement may not be assigned without the written consent ofthe Town Manager or his designee. 19. No Partnership and Third Parties. It is not intended by this Agreement to, and nothing contained in this Agreement shall, create any partnership, joint venture or other arrangement between the Agency and the Town. No term or provision of this Agreement is intended to, or shall be for the benefit of any person, firm, organization or corporation not a party to this Agreement, and no such other person, firm, organization or corporation shall have any right or cause of action under this Agreement. 20. Other Instruments. Each Party shall, promptly upon the request of the other, have acknowledged and delivered to the other any and all further instruments and assur- ances reasonably request or appropriate to evidence or give effect to the provisions of this Agreement. 21. Imposition of Duty by Law. This Agreement does not relieve any Party of any obligation or responsibility imposed upon it by law. 22. Entire Agreement. This Agreement constitutes the entire agreement between the Parties pertaining to the subject matter of this Agreement. All prior and contempora- neous agreements, representation and understanding of the Parties, oral or written, are hereby superseded and merged in this Agreement. 23. Amendments to Agreement. No change or addition shall be made to this Agreement except by a written amendment executed by the Parties. The Parties agree to cooperate and in good faith pursue any amendments to this Agreement that are reasona- bly necessary to accomplish the goals expressed by this Agreement. 24. Good Standing; Authority. The Agency represents and warrants to the Town that it is duly formed and validly existing under the laws of the State of Arizona. The Town represents and warrants to the Agency that it is an Arizona municipal corporation Marana Chamber of Commerce) Contract Documents fy08.DOC- 4 - with authority to enter into this Agreement under applicable state laws. Each Party repre- sents and warrants that the individual executing this Agreement on its behalf is author- ized and empowered to bind the Party on whose behalf each such individual is signing. 25. Severability. If any provision of this Agreement is declared void or unen- forceable, it shall be severed from the remainder of this Agreement, which shall other- wise remain in full force and effect. 26. Governing Law. This Agreement is entered into in Arizona and shall be con- strued and interpreted under the laws of Arizona, and the Parties agree that any litigation or arbitration shall take place in Pima County, Arizona. Nothing in the use of the word "litigation" in the preceding sentence shall constitute a waiver, requiring disputes to be resolved by binding arbitration. 27. Interpretation. This Agreement has been negotiated by the Town and the Agency, and no Party shall be deemed to have drafted this Agreement for purposes of construing any portion of this Agreement for or against any Party. 28. Force Majeure. If any Party is unable to perform under this Agreement by rea- son of "force majeure," then the failure to perform shall not constitute a default under this Agreement as long as the non-performing Party uses its best effort to remedy with all rea- sonable speed the event or condition causing the non-performance and performance can be restored within a reasonable amount of time. "Force majeure" means any condition or event not reasonably within the control of a Party, including without limitation, "acts of God," strikes, lock-outs, or other disturbances of employer/employee relations; acts of public enemies; orders or restraints of any kind of government ofthe United States or any state thereof or any of their departments, agencies, or officials, or of any civil or military authority; insurrection; civil disturbances; riots; epidemics; landslides; lightning; earth- quakes; subsidence; fires; hurricanes; storms; droughts; floods; arrests, restraints of gov- ernment and of people; explosions; and partial or entire failure of utilities. 29. Conflict of Interest. This Agreement is subject to A.R.S. S 38-511, which pro- vides for cancellation of contracts by government entities in certain instances involving conflicts of interest. 30. Effective Date: Term. This Agreement is effective on the date of the last Party's signature below and shall automatically terminate and shall thereafter be void for all purposes on July 1, 2008, unless sooner terminated by the mutual consent of the Par- ties. Marana Chamber of Commercel Contract Documents fY(l8.DOC- 5 - IN WITNESS WHEREOF, the Parties have executed this agreement as of the date set forth below their respective signatures. The Town: THE TOWN OF MARANA, an Arizona municipal corporation The Agency: Marana Chamber of Commerce, Inc., an Arizona 501 (c) 6 non-profit corporation Ed Honea, Mayor By: Printed: Its: Date: By: Date: ATTEST: Jocelyn C. Bronson, Town Clerk ApPROVED AS TO FORM: Frank Cassidy, Town Attorney EXHIBITS A. Payment request form B. Quarter! y report form C. Required documents form D. Chamber Visitor Center Improvement Summary Marana Chamber of Commercel Contract Documents fy08.DOC- 6 - Chamber Visitor Center Improvement Summary Findings and suggested repairs 1) Remove and replace siding and trim with concrete composite siding. This treatment will replace all wood siding exterior walls. 2) Remove and replace fascia around building with new 1 x 6" fascia board. Existing board is rotted 3) Remove and discard old addition to building; leave roofto create covered patio effect. The roof will have to be made structurally sound. 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"> ~ <( '0 li :J '0ClC) ....(')0 :=CIl0 D.5N <.., '.... ....(') ~.c ~ ~~~ C III ~:E .... , (') .... ~!J~ 1:) o :J.~ ~, () v G ", i Q) - III C ..l: - .~ Ul Q) :.;::; oS; ~ <( .... o - Ul :J , 0 ....C')CC) =E~g Co:lN <.., . ........ C') ~.c ~ nlUO ~:ON ~:E .... . C') .... ~!t-- ~J~ o C') ... ~CU,...., >>.00 -Eo :lCl)N ..,- Co CI) tJ) ;Q. z..' s.: (:-> ~, ':~ f .2 r~ 2: MARANA ~~/ j " AGENCY: PROJECT: Marana Chamber of Commerce, Inc. Service Support Funding EXHIBIT C: REQUIRED DOCUMENTATION Outside agencies receiving funding from the Town of Marana are to provide corporate documents and insurance certifications to the Town on an annual basis. The Town of Marano has documentation that the above coverages are in effect. Signed: Chamber of Commerce representative Date Signed: Town of Marana Managers Office Date F AlLURE TO SUBMIT THESE DOCUMENTS MA Y DELAY THE PROCESSING OF PAYMENT REQUESTS. TOWN OF MARANA EXHIBIT A - PAYMENT REQUEST FORM (FY 2007-08) Agency/Contractor: Marano Chamber of Commerce, Inc. Project Name: Services Support Funding Prepared by: Name: Title: Authorized by: Date: Authorized Signer Period Reimbursement Requested For: Payment Number: Expenditures This Period: $ + / - Adjustments (Program Income/Other): $ Net Request This Period: $ Line Item Line Item Description Approved Budget (A) Expenditures This Period (B) Expenditures Prior Periods (C) Balance (D) 1 . Services Support S 40,000.00 S S -o- S 40,000.00 2. Vistior Center Upgrade Support S 20,000.00 S -o- S -o- S 20,000.00 3. 4. 5. TOTAL (must total Town of Marano award) S S S S NOTE: For each line item, the figures in Columns (B), (C), and (D) must total the figure in Column (A). MANAGERS APPROVAL: QUARTERLY REPORT RECEIVED: D YES DATE: FINANCE APPROVAL: CHECK NUMBER: DATE: All requests for budget changes are required to be submitted in writing and approved by Community Services Department. Changes will only be allowed as long as the total dollar amount contracted for remains the same, the costs are eligible and the 20% administrative cap is not exceeded. Failure to submit timely quarterly performance measures re rts ma dela the rocessin of ment re uests. 1) Remove and replace siding and trim with concrete composite siding. This treatment will replace all wood siding exterior walls. 2) Remove and replace fascia around building with new 1 x 6" fascia board. Existing board is rotted 3) Remove and discard old addition to building; leave roof to create covered patio effect. The roof will have to be made structurally sound. Install a door with steel 6 panel door 36" width. 4) Replace base plate with pressure treated lumber and replace all rotted framing around existing building, as needed. 5) Create enclosed storage area under carport approx. 10' x 12', install a door with steel 6 panel door 36" width. 6) Move hot water heater under roof 7) Paint the roof 8) Replace front door with steel 6 panel door 36" width and tie into building 9) Paint all new trim and new siding to match existing structure TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: June 5,2007 AGENDA ITEM: J.4 TO: MAYOR AND COUNCIL FROM: Kevin Kish, AICP, Planning Director SUBJECT: Resolution No. 2007-95: Relating to Development; approving and authorizing a preliminary plat for Whitney Farms. DISCUSSION Castro Engineering requests preliminary plat approval of a 12-10t single family residential subdivision on approximately 2.09 acres. This property is generally located on the west side of Whitney Lane and approximately 120 feet south of Swanson Street. Existing zoning of this project as well as all surrounding lots is A-Small Lot Zone with a lot size of 2.5 acres or less. This project was presented to the Planning Commission on April 25, 2007. The Commission voted unanimously to recommend approval to the Town Council. The site is currently two parcels and contains multiple manufactured homes. The Owners intent is to create individual lots for site built homes. The proposed average area per lot is 7,405 square feet. The smallest lot area is 7,206 square feet and the largest lot area is 7,850 square feet. The property has contained manufactured homes and the owner has been removing individual units as tenants have moved from the adopted site. All existing buildings are to be removed prior to the recordation of final plat. The Developer does not have a builder at this time. This project will have to adhere to the adopted Residential Design Standards. Whitney Lane is the nearest paved access which serves this subdivision and provides access to Moore Road. This future development will connect to the Pima County Sewer lines. Staff has reviewed the request against the requirements of the Marana Land Development Code and the General Plan. This preliminary plat is in conformance with all required development regulations. ATTACHMENTS Summary application, location map and plat reduction. RECOMMENDATION Staff recommends approval of this preliminary plat. SUGGESTED MOTION I move to adopt Resolution No. 2007-95. 060507 PRV-06096 Whitney Farms PP TC.doc MARANA RESOLUTION NO. 2007-95 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A PRELIMINARY PLAT FOR WHITNEY FARMS. WHEREAS, SnDI Development LLC and In & Out Properties LLC, the owners of Whitney Farms, have applied for approval of a preliminary plat for an l2-lot single-family home subdivision on 2.09 acres, including lots 1 through 12, and is generally located on the west side of Whitney Lane and approximately 120 feet south of Swanson Street, within Section 33, Township 11 South, Range 11 East; and WHEREAS, the Marana Town Council, at their regular meeting on June 5, 2007, determined that the Whitney Farms preliminary plat should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that Whitney Farms preliminary plat is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 5th day of June, 2007. ATTEST: Ed Honea, Mayor Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution No. 2007-95 TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: June 5, 2007 AGENDA ITEM: J.5 TO: MAYOR AND COUNCIL FROM: Jane Fairall, Deputy Town Attorney SUBJECT: Resolution No. 2007-96: Relating to Real Estate; establishing the Learning Farm; approving and authorizing the Mayor to execute a lease and use agreement with the Community Food Bank relat- ing to the Learning Farm; repealing Resolution No. 2007-84, adopted on May 16, 2007, which addressed a different version of the Community Food Bank lease and use agreement; and declar- ing an emergency. DISCUSSION This item was previously brought to the Mayor and Council on May 16,2007, and was approved with conditions regarding weed removal and insurance requirements. The Agreement is now being brought back with new provisions regarding those two areas. This item proposes to establish as the Learning Farm the farm fields associated with the assign- ment of the State land lease to the Town for the Heritage Park. This item also provides for the lease ofthe Learning Farm to the Community Food Bank. The Town desires to establish the Learning Farm as an operating farm, where fruits and vegeta- bles can be grown and gardening classes and similar opportunities can be provided for citizens. The proposed Heritage Park Farm Lease and Use Agreement establishes parameters for the Community Food Bank's use of the Learning Farm, including setting forth mandatory days of operation. Paragraph #8 has been added to the Agreement and sets forth a requirement by the Community Food Bank to aggressively remove all weeds and other invasive species. Recognizing that the farm is an organic farm, the Town acknowledges that the weed removal may take place by hand, mechanical cultivation or other appropriate means. The Agreement also includes a provision that if the weed removal is not completed to the satisfaction of the Town, the Town will remove the weeds at the Community Food Bank's expense. The insurance requirements listed in paragraph #10 have been amended pursuant to the recom- mendations of the Town's insurance carrier. Currently, the Town and the Community Food Bank have a Sublease Agreement approved by the Arizona State Land Department, authorizing the sublease of one of the farm fields (Field #3) to the Community Food Bank. The Town intends to apply for an additional Sublease Agreement {00004848.DOC /} for the sublease of Fields #1 and #2 to the Community Food Bank. Resolution No. 2007-82 au- thorizes the Mayor to execute the proposed lease and use agreement subject to the State Land Department's approval ofthe additional Sublease Agreement. ATTACHMENTS Heritage Park Farm Lease and Use Agreement; Exhibit A Land Use Summary; and Exhibit B Lease and Use Agreement map. RECOMMENDATION Staff recommends the adoption of Resolution No. 2007-96, approving and authorizing the Mayor to execute the Heritage Park Farm Lease and Use Agreement with the Community Food Bank, upon approval of the additional Sublease Agreement by the Arizona State Land Department, and repealing Resolution No. 2007-84. SUGGESTED MOTION I move to adopt Resolution No. 2007-96. {00004848.DOC /} -2- MARANA RESOLUTION NO. 2007-96 RELATING TO REAL ESTATE; ESTABLISHING THE LEARNING FARM; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A LEASE AND USE AGREEMENT WITH THE COMMUNITY FOOD BANK RELATING TO THE LEARNING FARM; REPEALING RESOLUTION NO. 2007-84, ADOPTED ON MAY 16, 2007, WHICH ADDRESSED A DIFFERENT VERSION OF THE COMMUNITY FOOD BANK LEASE AND USE AGREEMENT; AND DECLARING AN EMERGENCY. WHEREAS the farm fields located on land leased by the Town from the Arizona State Land Department for use as the Heritage Park are hereby established as the Learning Farm; and WHEREAS the Town desires that the Learning Farm be an operating farm and a community resource for gardening classes, the dissemination of information regarding food production, and similar opportunities; and WHEREAS the Town desires to have the Community Food Bank lease and use the Learning Farm for the stated activities in exchange for operating the Learning Farm and opening it up to the public; and WHEREAS the Town has subleased one field, known as Field #3, to the Community Food Bank pursuant to a Sublease Agreement approved by the Arizona State Land Department and the Town desires to sublease two additional fields, known as Fields #1 and #2, to the Community Food Bank and the Town intends to request an additional Sublease Agreement from the Arizona State Land Department for the sublease of Fields #1 and #2; and WHEREAS on May 16, 2007, the Heritage Park Farm Lease and Use Agreement came before the Mayor and Council and was discussed and approved, via Resolution No. 2007-84, with conditions regarding weed removal and insurance requirements and is now being brought back to the Mayor and Council with new provisions as to those two items; and WHEREAS the Mayor and Council of the Town of Marana find that the best interests of the public are served by entering into the Heritage Park Farm Lease and Use Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Heritage Park Farm Lease and Use Agreement, and its Exhibits, between the Town of Marana and the Community Food Bank, attached to and incorporated by this reference in this resolution as Exhibit A, is hereby authorized and approved, and the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana upon approval by the Arizona State Land Department of an additional Sublease Agreement between the Town and the Community Food Bank for Fields #1 and #2. {00004847.DOC I} BE IT FUTHER RESOLVED THAT Resolution No. 2007-84, adopted on May 16, 2007, is hereby repealed. BE IT FURTHER RESOLVED THAT since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, an emergency is hereby declared to exist, and this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 5th day of June, 2007. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney {00004847.DOC I} 2 Heritage Park Farm Lease and Use Agreement This agreement is entered into by and between the Town of Marana, an Arizona municipal corporation ("Town") and Community Food Bank, Inc., an Arizona 501(c)(3) non-profit corporation ("Community Food Bank"). The Town and the Community Food Bank are sometimes referred to collectively as the Parties, either of which is sometimes individually referred to as a Party. RECITALS A. The Community Food Bank, incorporated in 1975, is a corporation that acquires, stores and distributes 14 million pounds of food annually throughout Pima County. The Community Food Bank strives to reduce the impact of hunger and chronic malnutrition through programs of advocacy and nutrition education. B. The Town has received the assignment of a lease to State land on Heritage Park Drive just north of the Santa Cruz River where the Town is developing the Heritage Park. C. The State land includes several farm fields. Those fields identified as Fields #1, #2 and #3 in the drawing attached to and incorporated in this Agreement as Exhibit A, have been leveled and maintained by the Town and are commonly known as the "Learning Farm." D. The Town has subleased Field #3, to the Community Food Bank pursuant to a Sublease Agreement approved by the Arizona State Land Department. The Town desires to sublease Fields #1 and #2 to the Community Food Bank and intends to request an additional Sublease Agreement from the Arizona State Land Department to sublease these fields to the Community Food Bank. E. The Town desires that the Learning Farm be an operating farm where fruits and vegetables can be grown and gardening classes and similar opportunities are made available to the citizens of Marana and the community. F. The Town currently does not have the resources available to provide the amount of labor and coordination required to run and operate a farming operation at the Learning Farm. G. The Community Food Bank desires to operate a fruit and vegetable operation and has the resources to offer gardening classes and similar opportunities to the citizens of Marana and the community and the Town desires to see the Learning Farm become a viable operation at the Heritage Park. H. The Town finds that the benefit to the Town resulting from the Community Food Bank use of the Learning Farm in accordance with the terms of this Agreement have a value at least equal to the fair market rental value of rent of {00004721.DOC / 3} the farm fields which will be used by the Community Food Bank under this Agreement. AGREEMENT Now, therefore, based on the foregoing recitals which are incorporated here by reference, the Parties agree as follows: 1. Lease. The Town hereby leases to the Community Food Bank those portions ofthe Learning Farm identified in paragraph 2, below, as the "Leased Property," from the effective date of this Agreement until termination as set forth in paragraph 12, below, for no monetary rent, subject to the Community Food Bank's performance of its obligations under this Agreement. 2. Leased Property. The areas of the Learning Farm which are subject to this Agreement are the following (all of which coll~ctively are referred to in this Agreement as the "Leased Property"): a. Exclusive use of two farm fields (Fields #1 and #3) identified as Food Bank Exclusive Use areas in the map attached to and incorporated in this Agreement as Exhibit B. b. Joint use with the Town of Marana of the farm field (Field #2) identified as Town of Marana Food Bank Joint use on Exhibit B. c. Reasonable parking in the parking lot located just south of and adjacent to the Heritage House. 3. Use. The Community Food Bank shall use the Learning Farm for the production of food crops to be distributed through their networks and in cooperation with the Marana Food Bank and for disseminating information regarding food production and gardening. 4. Minimum Hours of Operation. During the term of this agreement, the Community Food Bank shall staff and open the Learning Farm to the public with regular posted hours that may vary according to seasons at least Monday through Friday, except New Year's Day, Martin Luther King, Jr. Day, President's Day, Memorial Day, Veteran's Day, Thanksgiving Day, the Friday following Thanksgiving Day, and Christmas Day. These hours and days may be modified if approved in writing by the Parks and Recreation Director. 5. Utilities. The Town shall pay all utility fees associated with the Learning Farm. {00004721.DOC / 3} 6. Repairs and Maintenance. The Community Food Bank shall maintain and repair all fences, gates, irrigation systems (not including the well and pump), and equipment supplied by the Community Food Bank for the Learning Farm. 7. Landscape Maintenance. The Community Food Bank shall maintain all landscaping, gardens, pathways, and fence lines associated with the exclusive use areas ofthe Leased Property at the Learning Farm. 8. Weed Removal. The Community Food Bank shall aggressively remove all weeds and/or other invasive species from the Leased Property and from the areas described in paragraph 7, above. The Town recognizes that the Learning Farm is an organic farming operation and acknowledges that the weed removal may be accomplished by hand, mechanical cultivation, or other appropriate means. If the Community Food Bank fails to remove the weeds and/or other invasive species to the satisfaction of the Town's Parks and Recreation Director, the Town will perform the removal at the Community Food Bank's expense. 9. No Modifications. The Community Food Bank shall not modify the Learning Farm or any of the other improvements around or in any way associated with the Learning Farm without the prior written approval of the Parks and Recreation Director. 10. Indemnity and Hold Harmless. The Community Food Bank shall indemnify and hold harmless the Town of Marana, its officers, employees, and agents from and against any and all claims relating to the Community Food Bank's use of the property or its equipment on the property, and shall maintain insurance to cover any losses resulting from the Community Food Bank's use of the Learning Farm. The Community Food Bank shall provide to the Town Certificate(s) of Insurance naming the Town as an additional insured and providing coverage as follows: a. Commercial General Liability - $1,000,000 per occurrence b. Excess Liability - $5,000,000 c. Comprehensive Automobile Liability - $1,000,000 combined single limit, or $1,000,000 bodily injury and $1,000,000 property damage d. Statutory Worker's Compensation Including Employers Liability - $250,000 The Certificate(s) shall contain provisions that coverage afforded under the policies shall not be canceled, terminated or reduced in limits until at least thirty calendar days prior written notice has been given to the Town. In addition, the Certificate(s) shall stipulate that the insurance afforded the Community Food Bank shall be primary insurance and that any insurance carried by the Town, its agents, officials or employees shall be excess and not contributory insurance to that provided by the Community Food Bank. 11. Conflict of Interest. This agreement is subject to A.R.S. ~ 38-511, which provides for cancellation of contracts by government entities in certain instances involving conflicts of interest. {00004721.DOC /3} 12. Effective Date. Party's signature below. This agreement is effective on the date of the last 13. Termination. This agreement may be terminated upon thirty days' notice by either Party to the other Party. IN WITNESS WHEREOF, the Parties have executed this agreement as of the date set forth below their respective signatures. THE TOWN OF MARANA an Arizona municipal corporation THE COMMUNITY FOOD BANK an Arizona not-for-profit corporation Ed Honea, Mayor By: Printed: Its: Date: By: Date: ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney {0000472l.DOC / 3} ......-. ....- EXHIBIT A .,/' 00 \ - \01..:0,\ 1~ - 00 \..A-.10 \)'Mf ' ~\)~(Z.~ -- , 'A.. ~l5"C> .6.eG.AS"'$ S. u..>>J..eo 6L.r~ c;. ~. u~~ ~"io 20 '3 <.,.J~,...sc.. \o\C~ c:.\"C'€) S2. .... "to~'- 1~ 'S"fO,."1fi ~"T 'SCUNQO.Il'1 tUt"~ ( 1kNNffi PltiL.'O ~ ~ ~.. AC.iF~ . ~ u.......... \Jt.IU$1PO 1 PtEL-Q ~ ~ \' $.C .o.e.... ~ 1 c, AU/$ l ~&~~ ~t\~~\Ji . ~ c...uz. 2&...... ~w.s:z.1' ~~ ~ v.J~'" c;.'i ..l,t$1lJ1 L..\Nfl) ~.nu. '- ~-r. '1liC.uST ~'f .. --/ f <bEe.. '=3~ 1 1 "T\IIf US \~6P l N fZ.r.lt. \\ E=' ~t'A. . , l , = ~~CDtn16"'.! ~ :E w 0 E'~ CD al 3:C.2~ o~~ 0 ;4i~-o~~~~~~~ v n: n: en .... ~3-tn-~tOgo:::~ ':;:CD-ga'O "'tnEoe ~ ~ :J Z 2-E $ 'in z.S.E_8 Cli5 to a.'Oai-5:=..8~...E:O:::LL~ C W m ~ en ta 5 ~ ~ ~ o~ ~ ~ ~I'- ~ ~ ~o 5 e "'16;'O,E8 :E .. ~ ~o ~ g.~ ~ ~ ~ ~ ~ ~ W C) Z ~ Z{~W '0 <<I) ; CD ~ '0 ~:g ~ o...J1 ~ C) Z <( W .c 0 Q) ~-E~!-E ~ ffi.E~o ~~ ~ 0 Q) ~ - W .c N u. ~~1VE~oo~=:::JQ.~ ~12= 8 ~t;5~.5:5 G.lI'O Z W n: >< ~ t-:~.~o~F~ g.g'E~~ ii: n: en C) w 0 ~:5~~~2!~~~~~~ <( 0 <( ..... s:ai ~ 8~~=:S.~'~~@ W W W <( ~ ~ -g <<1)- ~ ~ ~ ~ ~.iti ~ -:::J1U:::J<D...Oe>>-:_ :J: ...J ...J 0 ~ .~1; a ~ g ~ ~ ~ ~:j o~ ~.g.s.B5~& TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: June 5, 2007 AGENDA ITEM: J.6 TO: MAYOR AND COUNCIL FROM: Kevin Kish, AICP, Planning Director SUBJECT: Resolution No. 2007-83: Relating to Development; approving and authorizing a preliminary plat for Marana 59. DISCUSSION This item was brought to Council on May 16, 2007 and continued to the June 5th meeting. Staff met with the interested parties. This information is based on those meetings. Reauest The applicant requests preliminary plat approval of a 58-lot single family detached residential subdivision. The item was continued from the regularly scheduled May 16, 2007 Town Council meeting due to neighborhood concerns regarding drainage and traffic. Following the Town Council meeting the owners and their representatives held a neighborhood meetings on May 30, 2007 located at Degrazia Elementary School. Location The property is generally located west of Hartman Road and Y2 mile south of Linda Vista Boulevard. Zonin2: On July 19, 1994 Town Council approved Ordinance 94.09, which rezoned 100 acres (including the subject property) of vacant land located near Hartman Lane and Overton Road (a parcel of land located today between the Hartman Vistas and Hartman Ten Subdivision) from "E" (Transportation) to "R-8" (Single Family Residential, minimum 8,000 square foot lot size). The rezoning was subject to six conditions (Ordinance No. 94.09) and adherence to the tentative development plan. On February 21, 2006 Town Council approved resolution 2006-32 that modified Ordinance 94.09 by removing conditions one (1) and six (6) and altered the lot layout shown on the tentative development plan. The purpose of the ordinance modification was to allow for the reconfiguration of the lots and adjustment of open space designation. The proposed subdivision has fewer lots than originally planned, reduced from 172 (3 RAC) to 58 (.99 RAC). The preliminary plat proposes a mix of lot sizes with the smallest lot equaling 8,015 square and the average lot size equaling 9,012 square feet. All residential units will be subject to the Town of Marana residential design standards. 060507 Marana 59 PP TC.doc Transportation The project proposes one point of ingress/egress off Hartman. The internal circulation will contain private streets with a gated entrance. The Planning Commission approved a design exception for the single point of access and modification of the Town's typical local street cross section at the April 25, 2007 meeting. Open Space and Benefit Fee Area The subdivision provides approximately 34 acres (approximately 59% of the net area of the project) for natural and functional open space. The subdivision is subject to the Park and South Transportation impact fees. ATTACHMENTS Location map and plat reduction RECOMMENDATION Staff has reviewed the request against the requirements of the Marana Land Development Code, Ordinance 94.09, Resolution 2006-32 and the General Plan. This preliminary plat is in substantial conformance with all required development regulations. Staff recommends approval of a preliminary plat for Marana 59. SUGGESTED MOTION I move to approve Resolution No. 2007-83. -2- 060507 Marana 59 PP TC.doc MARAN A RESOLUTION NO. 2007-83 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A PRELIMINARY PLAT FOR MARANA 59. WHEREAS, Marana 59, L.L.C., the owner of Marana 59, has applied for approval of a preliminary plat for an 58-lot single-family home subdivision on 58.8 acres, including lots 1 through 58 and common areas "A" "B" and "C", and is generally located west of Hartman Road and ~ mile south of Linda Vista Boulevard within a portion of Section 23, Township 12 south, Range 12 east.; and WHEREAS, the Marana Planning Commission at their regular meeting held on April 25, 2007, and at said meeting voted 6-0 (Winger excused) to recommend that the Town Council approve said preliminary plat; WHEREAS, the Marana Town Council, countinued the item at their regular meeting on May 16, 2007. WHEREAS, the Marana Town Council, at their regular meeting on June 5, 2007, determined that the Marana 59 preliminary plat should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that Marana 59 preliminary plat is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 5th day of June, 2007. ATTEST: Ed Honea, Mayor Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution No. 2007-83 TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: June 5, 2007 AGENDA ITEM: K. 1 TO: MAYOR AND COUNCIL FROM: Jocelyn C. Bronson, Town Clerk SUBJECT: Resolution No. 2006-97: Relating to Boards, Commissions and Committees; appointing Ed McCauley to the Town of Marana Public Safety Personnel Retirement Board. DISCUSSION This item proposes the re-appointment of Ed McCauley to the Town of Marana Public Safety Personnel Retirement Board whose term expires in June, 2007. RECOMMENDATION Staff recommends approval of the appointment of Ed McCauley to the Town of Marana Public Safety Personnel Retirement Board, with a term expiring June, 2011. SUGGESTED MOTION I move to adopt Resolution No. 2006-97. {00002123.DOC /} FJC/cds 5/22/06 MARANA RESOLUTION NO. 2006-97 RELATING TO BOARDS, COMMISSIONS AND COMMITTEES; APPROVING THE APPOINTMENT OF ED MCCAULEY TO THE TOWN OF MARANA PUBLIC SAFETY PERSONNEL RETIREMENT BOARD. WHEREAS, the Public Safety Personnel Retirement Board has been created by the Police Department to meet and advise the Town Council on police concerns within the Town; and WHEREAS, the Public Safety Personnel Retirement Board desires to fill one vacancy and appoint Ed McCauley to a term that will expire in June, 2007. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that Ed McCauley shall be appointed to the Public Safety Personnel Retirement Board with a term of office to expire in June, 2011. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 5th day of June, 2007. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00000034.DOC /} FJC/cds TOWN COUNCIL MEETING INFORMATION MEETING DATE: TOWN OF MARANA June 5, 2007 AGENDA ITEM: K. 2 TO: MAYOR AND COUNCIL FROM: Jocelyn C. Bronson, Town Clerk SUBJECT: Boards. Commissions and Committees: Procedure for appointments to Citizens Advisory Commissions DISCUSSION Currently, there is a vacancy on the Board of Adjustment, the Business and Economic Development Citizen Advisory Commission, and two vacancies on the Planning and Zoning Commission. Pursuant to Council procedure, the vacancies were posted on the town's website on May 30, 2007. The posting period ends June 13, 2007, at which time all applications received will be forwarded to the Manager's Review Committee. The Review Committee will determine if the eligibility requirements have been met, and forward the list of candidates to the Town Manager. The Manager will provide the list of candidates to the Council for review at the June 19, 2007 Council meeting. The Council can request that the candidates be available for interviews at that time, or they can vote to appoint candidates without interviews, based upon their applications. If candidates are interviewed, the appointments will not be made until the next regular meeting. ATTACHMENTS None. RECOMMENDATION None. SUGGESTED MOTION Information only. JCB/05/31/2007/1O:26 AM League of Arizona Cities AND Towns IN THIS ISSUE County Island Fire Service Mandate Advances................1 Construction Sales Tax Bill Fails Twice............................. ..2 Resolutions Packet Distributed This Week........ ........ ...... ....3 Budget Update.....................3 The Weekly Spotlight............3 Legislative Bulletin is published by the League of Arizona Cities and Towns. Forward your comments or suggestions to: League of Arizona Cities & Towns 1820 West Washington Street Phoenix, Arizona 85007 Phone: 602-258-5786 Fax: 602-253-3874 Email: league@azleague.org Internet: www.azleague.org Issue 19, May 11, 2007 COUNTY ISLAND FIRE SERVICE MANDATE ADVANCES The bill that mandates Maricopa County cities to provide fire service to the county islands within their municipal boundaries advanced past a conference committee earlier this week. A conference committee is usually comprised of three members from each chamber - two members from the majority party and one from the minority - that makes and adopts amendments to bills. If the conference committee adopts an amendment, the bill goes back to each chamber where all the members vote to accept or reject the amendment and then take a recorded, roll-call vote on the bill as amended (referred to as Final Read). House Bill 2780 originally required only those Maricopa County cities that had county islands without fire service as of January 1, 2007 to provide fire service. However, attorneys in the House opined that that particular provision was tantamount to "special legislation" and therefore unconstitutional. As a result, the date was removed in the conference committee amendment and a new clause inserted which has the effect of requiring ANY Maricopa County city that has county islands without fire service now or at any time in the future to fall under the provisions of the bill. Each city has unique county islands and providing fire service to them poses daunting challenges. With those challenges in mind, we recommended to the House conferees (Representatives John McComish, Bob Robson and Tom Prezelski) that if they were going to insist on mandating cities to provide fire service, they must at least adopt amendments giving the cities the financial tools to comply with the mandate. To that end, Rep. Tom Prezelski drafted an amendment to address our concerns, but the amendment was defeated by the other two House conferees. County Island Fire Service Mandate Advances Contd. Our remaining concerns on the bill are as follows: . Requires cities and towns ill Maricopa County to provide fire service to county island residents but does not have any mechanism for initial startup costs. Municipalities could be paying up to 18 months for equipment and salaries out of taxes from city residents to provide service to non- city residents before fire district taxes come in. . Places no responsibility on the county to provide any kind of fire service to county residents; they are not even being required to provide initial startup costs, only to cover the cost of the district election. . The cost of providing fire service to non-city residents may count against. a city's constitutional spending limit, meaning that the city may have to curtail services to city residents in order to comply with the law to provide fire service to county islands. . Notwithstanding the assertions that this bill is necessary in order to "protect lives," a private provider can pull out of a county island area without penalty (although there is now a l2-month notice required in the new amendment) and the county has no responsibility to provide any lifesaving services, even though these are county residents. . Providing service outside the city may cause degradation to the quality/response time within the city; county island residents will not have the same response time because of inadequate streets, hydrants, stations, etc., in the unincorporated areas. We will keep you apprised of where the bill is in the process and any action we may need you to take when it appears in the House and Senate. CONSTRUCTION SALES TAX BILL FAILS TWICE Senate Bill 1544 is officially dead after this week, after failing on two separate votes this week. The first vote took place Monday afternoon, where the bill failed 27-29. The House then approved Representative Eddie Farnsworth's motion to reconsider the vote on Thursday. The League and many cities and towns worked hard over those couple days to thank the Representatives that voted no and to request they maintain their opposition. The bill was reconsidered Thursday and failed by a 25-30 vote, with 5 members not voting. The vote details from both votes are attached to the bulletin for your review. Please contact your legislators and thank them for supporting cities and towns on this critical bill. Also, many thanks to those cities and towns that worked so hard to inform their members about this bill and secure their votes. Although SB 1544 is officially dead, the provisions from the bill could potentially reemerge in another bill or in the budget. We will be watching for that contingency and will let you know if that happens. 2 May 11,2007 RESOLUTIONS PACKETS DISTRIBUTED THIS WEEK Resolutions time has officially come; the information packets were mailed to all Mayors on Tuesday and electronic copies were sent to Mayors, managers/clerks, and government relations staff. Please contact the League if you have not received this document and should have. The deadlines are already fast approaching: ./ June 15- RSVP deadline for Resolutions Committee members. Please send to Cheyenne at cwalsh@azleague.org. ./ July 2- Resolutions are due to the League office, correctly formatted and sponsored by at least 2 municipalities. If you have any questions about resolutions or the process, please contact Cheyenne for more information. BUDGET UPDATE On May 7th, the Senate Appropriations Committee passed their budget bills by near unanimous votes. The Senate worked in a bipartisan fashion on their budget and committee members of both parties lauded the process. The Governor has given public approval for their version. The House Appropriations Committee had more dissenting voices, but last week passed their bills. Now the negotiation process between the two houses begins, as lawmakers attempt to reconcile their differences. As we mentioned before, the House has approximately $60 million in tax relief, where the Senate has about $7 million. There are also differences in transportation funding, although both versions still have a transfer of $62 million from the State Highway Fund to the Statewide Transportation Acceleration Needs (STAN) account. There are almost daily meetings with leadership and key members on how to best resolve these differences and whether other items will be included in the eventual legislative budget. Each budget will have to be approved by their houses of origin before the final product goes to the Governor. Stay tuned for these developments. The Weeklv Sootlieht - Reoresentative Andv Tobin Representative Andy Tobin, Legislative District 1, is in his first year at the Legislature. Although born in New York, he has been an Arizonan since 1978, and currently lives in Paulden. Since 1995 Mr. Tobin has been the owner ofTLC Employee Benefits, but has also worked in the banking, insurance and aerospace industries. He has been licensed with the Arizona State Department of Insurance for over 20 years. Memberships have included Chambers of Commerce, YMCA board of directors, Sharlot Hall executive board of directors and the Knights of Columbus. A volunteer with the Muscular Dystrophy Association and St. Jude's Hospital, he and his wife Jennifer have five children. How do you see local government impacting people's lives? All politics is local and the government folks who can best service the citizen are those who are closest to them, mainly our city and town governments. In District 1 I serve ten mayors and councils and two Counties. Many of whom, obviously, do not always agree on bills that come to the floor. I will make just less than half of them mad most every time I vote. My job is to be supportive and give communities the tools to better serve the citizens and then stay out of the way. Unfortunately I have found that 3 May 11,2007 often times towns and constituents alike ask the legislature to solve their disputes. This process creates problems for many who are not part of the debate. The most attentive and least costly route for problem resolution and community input is the local government and that's the way it should be. What is one issue you see as particularly important to local government this session? I have deep concern over the lack of a state wide transportation plan. Rural communities will continue to get "piece meal" allocations as long as the debate about transportation is done on an annual basis and not planned on for the long term. I would be fine with borrowing for roads if in fact we have a clear vision of what the results will be over the plan designs time frame. Local government needs support from the state and federal governments to create the condition upon which the local community can best succeed. If communities are expending funds to fight crime attributed to illegal immigration and expense to our hospital, the State and Federal Government must do more than advocate for relief. Action speaks louder than words and involving the communities in the legislative process will better assure that we are passing law that helps our communities without creating unfunded mandates. Tell us something about your family and friends (favorite things to do with children, friends, etc.). I have five children age 12 to 21. I have two sons at Yavapai College and working, two daughters at Chino Valley High School and one daughter in middle school in Chino Valley. My wife and I have been married 22 years. I enjoy time with my family any chance I can get it. My daughters and I were at Jerome for the 50th Anniversary of the State Parks and we enjoyed the tour of the museum there. We enjoy sports and have been lucky to travel together to the Caribbean, New York and California vacation sites. We have been going to Sedona for many years to relax and vacation and still enjoy that time as much as any other. Disneyland California and Orlando have been traditions for us and we continue to go there to play when we can all get together. What's afavorite vacation spot? Favorite vacation spots include Sedona, NYC, Ireland (English Isles), Caribbean Cruises and Southern California. What's afavorite hobby? I am not sure I have favorite hobbies. I enjoy ocean fishing and traveling but mostly spend free time with my family just being together. Thank you for your time. Thanks for the chance to fill in the blanks. 4 May 11, 2007 League of Arizona Cities AND Towns IN THIS ISSUE Energy Plans Bill Amended .. I Fire Service Mandate Senate Vote Likely Next Week. .. ... I Resolutions Reminder . . . . . . . 2 Budget Update I - The Senate Bills ..................... 2 Budget Update II - The House Politics .. . . . . . . . . . . . . . . . . . 2 The Weekly Spotlight: Rep. Lynne Pancrazi ........ 2 Legislative Bulletin is published by the League of Arizona Cities and Towns. Forward YOUT conunents or suggestions to: League of Arizona Cities & Towns 1820 West Washington Street Phoenix, Arizona 85007 Phone: 602-258-5786 Fax: 602-253-3874 Ernail: league@azleague.org Internet: www.azleague.org Issue 20, May 18, 2007 ENERGY PLANS BILL AMENDED A bill to require ALL cities and towns to amend their general plans to include an energy conservation element (House Bill 2638) moved this week, but with a substantial amendment sponsored by Senator Jay Tibshraeny. An agreement was reached by the League with the bill's sponsor, Representative Olivia Cajero-Bedford, Sen. Tibshraeny, and the Nature Conservancy to place the requirement onlv on cities with a population greater than 50,000. All other cities and towns mav comply. The affected cities include: Phoenix, Tucson, Mesa, Glendale, Scottsdale, Chandler, Gilbert, Tempe, Peoria, Yuma, Surprise, Avondale, Flagstaff and Lake Havasu City. Many of our larger cities supported the bill, but many of our smaller communities felt this was an unfair, unfunded mandate. Hopefully this is a solution we can all live with. FIRE SERVICE MANDATE SENATE VOTE LIKELY NEXT WEEK House Bill 2780, the bill that mandates Maricopa County cities to provide fire service to the county islands within their municipal boundaries will likely face a vote in the Senate next week. As we mentioned last week, the bill originally required only those Maricopa County cities that had county islands without fire service as of January I, 2007 to provide fire service. However, attorneys in the House opined that that particular provision was tantamount to "special legislation" and therefore unconstitutional. As a result, the date was removed in the conference committee amendment and a new clause inserted which has the effect of requiring all Maricopa County cities that may have county islands without fire service now or at any time in the future to fall under the provisions of the bill. We do not oppose the idea of providing fire service to county island residents. However, this bill has too many flaws to support. Specifically, H.B. 2780: . contains a mandate for cities to provide fire service to non-residents of the city; . fails to adequately address the start-up costs for providing service; and . places no responsibility on the county for providing or funding fire service for its own residents. The League made many efforts to bring an equitable solution to the problem of providing fire service to county islands. Unfortunately, certain members of the Legislature ignored these efforts and instead advanced an inequitable bill. For those reasons, we must oppose this bill. RESOLUTIONS REMINDER Resolutions time has officially come! The information packets were mailed to all Mayors last week with electronic copies sent to Mayors, managers/clerks, and government relations staff. Please contact the League if you have not received this document and should have. The deadlines are already fast approaching: . June 15- RSVP deadline for your city/town representative on the Resolutions Committee. Please send to Cheyenne at cwalsh({vazl eague. org. . Julv 2- Resolutions are due to the League office, correctly formatted and sponsored by at least 2 municipalities. If you have any questions about resolutions or the process, please contact Cheyenne Walsh at 602-258- 5786 for more information. BUDGET UPDATE I - THE SENATE BILLS On May 16th, the Senate passed 14 budget bills in a relatively smooth fashion. Having worked on these bills for almost three months, there was little disagreement on the floor of the Senate. A few members offered amendments, but only those agreed upon ahead of time passed. Many members got up and sang the praises of the leadership teams from both parties. As previously mentioned in an earlier edition of the Bulletin, the Senate budget has approximately $7 million in tax relief. This is expected to have no impact on cities and towns. The two major areas of note to municipalities involve transportation measures. In the general appropriations bill, Senate Bill 1081, there is a transfer of $62 million from the State Highway Transportation Fund to the Statewide Acceleration Needs (STAN) account. Senator Flake's amendment to remove this provision failed on the Senate floor. This is a transfer, not new money. In the transportation bill, Senate Bill 1097, the "Roads of Regional Significance Congestion Mitigation" (RRSCM) account is established as a separate sub-account of STAN. $10,000,000 is appropriated. The account has various eligibility requirements, including that a county, city or town have an average growth rate that exceeds the average county, city or town growth rate in Arizona by at least fifty per cent in the last five years. The program ends on July 1,2012. The Senate bill also extends the allowable repayment period for State Highway Fund bonds from 20 to 30 years. BUDGET UPDATE II - THE HOUSE POLITICS With the session winding down and all eyes on the state budget, the House calendared all of its budget bills for Committee of the Whole on Tuesday. After several hours of caucus discussion about various floor amendments being offered, the House members took to the floor to act on House Bill 2781, the general appropriations bill. Typically amendments that pass on the floor on a budget bill result from a compromise among members and have the support of the majority party. This was not the case in the House this past week. Aside from the amendments from House leadership, Representative Tom Prezelski's amendment to remove the State Highway Fund transfer to the STAN account passed on a roll call vote 33 to 25, spelling the beginning of the end of any agreement in the House. While leadership generally will not take a budget bill to a vote without a guarantee of at 31 votes, H.B. 2781 was immediately placed up for 3rd read and failed 27-31. This surprising result sent shockwaves around the capitol. Representative Trish Groe moved the next day to reconsider the bill next week in hopes of getting it passed the House and over to the Senate for consideration. It remains to be seen if the House can recover to gamer support for any budget bill. The Weekly Spotlight - Representative Lynne Pancrazi Representative Lynne Pancrazi, a Yuma County native, is a long- standing participant in the Yuma community. For 28 years she served as a teacher, instructor and athletic coach in the Yuma Elementary School District Number One. She retired and then returned because the district lacked teachers. She is the former president of the Yuma Elementary Education Association and is a member 2 May 18, 2007 of the National Education Association. She also has been a licensed realtor for 21 years and a member of the Yuma Association of Realtors and the National Association of Realtors. Representative Pancrazi received a master's in elementary education from Northern Arizona University and a bachelor's in physical education from Point Lorna Nazarene College in San Diego. She and her husband Mike have a daughter and two grandchildren. How do you see local government impacting people's lives? The decisions made by city and county officials affect their residents' lives on a daily basis. Local government leaders have the responsibility to maintain and improve the city and county without nearly enough funding. They manage everything from recreational activities to water and sewer services. These public officials must learn to work together, and at the same time, operate as separate entities. It is a very important and time-consuming job. I thank those city and county officials for their hard work and dedication. What is one issue that you see as particularly important to local government this session? I have met with the local officials in my district and I would have to say State Shared Revenue is one of the biggest issues that affect the communities in my district as well as the rest of the state. I have shared emails, calls and been visited by the officials in my district and I appreciate their support and input. Tell us something about your family andfriends. I was born and raised in Yuma. My mom and dad are Maggie and Andy Anderson. My sisters are Diane (Mark) Hansberger and Danelle (Dane) Palmer and my brother is Dan Blair. I met my husband Mike Pancrazi when I was student teaching and we have been married for 29 years. I have a daughter Angela (Mose) Moreno and two beautiful grandkids Madison and Michael. I also have wonderful nieces and nephews and great nieces and nephews. Over the years I have served as a lifeguard and I have taught swimming lessons for the city of Yuma. I taught school for Yuma School District # 1 for over 28 years and have sold real estate for AT Pancrazi Real Estate for over 20 years. I also coached my nieces, nephews and granddaughter for the first 3 or 4 years they played city league sports. I wanted their first sports experiences to be positive. I tell people I either taught you to swim, to read, or I sold you a house or I coached you. Over all these years I have made many friends and I cherish each of them. What's afavorite vacation spot? I think my own backyard is a pretty good vacation spot. Having a BBQ with family and friends and enjoying each others' company is the best vacation anyone can have. What's afavorite hobby? My husband would love for me to take up the game of golf seriously. I enjoy going to events my grandkids and nieces and nephews are participating in. Having lunch and shopping with friends is also fun. I have always worked many hours each day and just sitting at home and reading a good book is exciting enough for me. Thank you for your time. Thank you for the opportunity. 3 May 18,2007 League of Arizona Cities AND Towns IN THIS ISSUE Fire Service Mandate Senate Vote Next Week ........... I Thanks To Mayors And Councils . . . . . . . . . . . . . . . . .. I Budget Update . . . . . . . . . . . .. I Solid Waste Regulations. . . . . 2 Deadly Weapons Storage .... 2 Legislative Bulletin is published by the League of Arizona Cities and Towns. Forward your comments or suggestions to: League of Arizona Cities & Towns 1820 West Washington Street Phoenix, Arizona 85007 Phone: 602-258-5786 Fax: 602-253-3874 Ernail: league@azleague.org Internet: www.azleague.org BUDGET UPDATE Issue 21, May 25, 2007 FIRE SERVICE MANDATE SENATE VOTE NEXT WEEK House Bill 2780, which mandates Maricopa County cities to provide fire service to the county islands within their municipal boundaries, will face a vote in the Senate on Tuesday, May 29th. The bill passed out of the House by the slimmest of margins: 31-29. The Senate vote is likely to be close as well. As we mentioned last week, Arizona's cities and towns do not oppose the idea of providing fire service to county island residents. However, this bill has too many flaws to support. Specifically, H.B. 2780 places no resoonsibilitv on the county for providing or funding fire service for its own residents, a provision the Governor also objects to; contains a mandate for cities to provide fire service to non-residents of the city; and fails to adequately address the start-up costs for providing service; and Please contact your state senators and ask them to vote NO on H.B. 2780. THANKS TO MAYORS AND COUNCILS Speaking of contacting senators and representatives, we at the League want to thank all of you who took the time to contact your members on specific bills this session. Your participation truly made the difference on a number of bills, especially on the close votes. When we stick together as cities, we are truly a force to be reckoned with! With the session winding down and all eyes on the state budget, the House and the Senate took quite different routes in producing and passing their annual spending bills, On May 16th, the Senate passed 14 budget bills in a relatively smooth fashion. Having worked on these bills for almost three months, there was little disagreement on the floor of the Senate. Many members got up and sang the praises of the leadership teams from both parties. The House however had rancorous debate and behind the scenes dealings. On May 151\ the general appropriations bill, House Bill 2781, failed on the floor 27-31-2, sending shockwaves throughout the Capitol. Representative Trish Groe moved the bill for reconsideration- another chance to vote. On May nnd it squeaked by 31-29. The next day the other supplemental bills passed. Budget Update (cont'd.) For cities and towns, there are a few notable issues in these bills. Although there are differences between the House and Senate bills on tax relief (the House has about $60 million in tax relief, and the Senate about $7 million) there are no major impacts to municipalities from these cuts. The two areas of note to municipalities involve transportation measures. In the general appropriations bill, Senate Bill 1081, there is a transfer of $62 million from the State Highway Transportation Fund to the Statewide Acceleration Needs (STAN) account. This is a transfer, not new money. The House version amended this provision out. The Senate transportation bill, Senate Bill 1097, establishes the "Roads of Regional Significance Congestion Mitigation" (RRSCM) account as a separate sub-account of STAN. $10,000,000 is appropriated. The account has various eligibility requirements, including that a county, city or town have an average growth rate that exceeds the average county, city or town growth rate in Arizona by at least fifty per cent in the last five years. The program ends on July 1,2012. The House transportation bill, House Bill 2793, establishes a fund for "eligible transit capital projects," (ETCP) defined as land, buildings or motor vehicles or a combination of land, buildings and motor vehicles that are part of the federal transit administration's rural public transportation program for municipalities with populations of less than fifty thousand persons and that are included in the transportation improvement plan of a regional association of governments. This fund also has $10 million in it. This money comes from the H.E.L.P (Highway Expansion and Extension Loan Program) fund. Certain federal funds are excluded from eligibility. Also under this bill, STAN money can be used to reimburse interest costs incurred by local governments for the acceleration of a transportation project, if certain conditions are met. Both bills bill extend the allowable repayment period for State Highway Fund bonds from 20 to 30 years. The House and the Senate will work towards compromise budget before sending it to the Governor. This is a time at the Capitol full of rumors, closed door meetings and tension. There is a lot of "hurry up and wait," and no consensus as to how long the process will take. We'll be here till the end. SOLID WASTE REGULATIONS The Arizona Department of Environmental Quality (ADEQ) intends to pursue a massive re-write of the regulations governing solid waste facilities. To facilitate this process, ADEQ is beginning discussions with stakeholders. ADEQ intends to solicit stakeholder input on the implications of including or excluding specific facilities or activities in the rule. ADEQ will convene several stakeholder meetings starting next month. The purpose of these meetings is to familiarize potentially impacted stakeholders with the intent, scope and timing of the rule. We have identified locations, dates and approximate times for some of these meetings as follows: 1) June 11, Tucson, DES conference room, afternoon and evening sessions 2) June 18, Phoenix, Carnegie Center for afternoon session; ADEQ Room 250 for evening session 3) June 20, Flagstaff, Lone Tree Community College, afternoon and evening sessions As the details of these and other meetings become available, ADEQ will publish this information on our web page, and distribute direct notice via e-mail. ADEQ welcomes any comments you may have related to this rule development process. If you have comments or if you would like to join the solid waste stakeholder list, please contact Jeffrey Kros at ikros(ro,azleague.org or please call 602-258-5786. DEADLY WEAPONS STORAGE Senate Bill 1251, which places additional requirements on how municipalities store weapons in public buildings or at public events, will be heard in the House Committee of the Whole this next Tuesday, May 29th at 1:00 p.m. The bill further defines the requirements in last year's law by specifying that the storage must be within 200 feet of the public entrance. A person has to be able to store a weapon at the building or event he or she is entering, not just store it at a police station. The bill specifies that the storage method must be individual lockers that are numbered and keyed. The owner of the weapon must be allowed to keep the key and have immediate access to the weapon for retrieval. The League is concerned with the additional costs associated with the implementation of these new requirements just 6 months after enactment of last year's legislation. Law enforcement strongly opposes this bill as a huge public safety concern. Please contact your House members to express your opposition to this bill. 2 May 25, 2007 TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: June 5, 2007 AGENDA ITEM: L.1 TO: MAYOR AND COUNCIL FROM: Michael A. Reuwsaat, Town Manager SUBJECT: State Lel!islative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature DISCUSSION This item is scheduled for each regular council Meeting in order to provide an opportunity to discuss any legislative item that might arise during the current session of the State Legislature. Periodically, an oral report may be given to supplement the Legislative Bulletins. ATTACHMENTS Legislative Bulletin, Issues 19,20 and 21. RECOMMENDATION Upon the request of Council, staff will be pleased to provide recommendations on specific legislative issues. SUGGESTED MOTION Mayor and Council's pleasure. JCB/05/30/2007/8:54 AM TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: June 5, 2007 AGENDA ITEM: L.2 TO: MAYOR AND COUNCIL FROM: Frank Cassidy, Town Attorney SUBJECT: Relating to the proposed Saguaro Springs CFD; discussion and direction concerning the permissible extent of CFD assessment bond assessments over and above the CFD general obligation bond assessment. DISCUSSION This is a follow-up item to the April 24, 2007 Council discussion of Town policy concerning CFD assessment bonds and the total effective combined CFD assessment rate for all outstanding assessment and general obligation bonds. At the meeting, Mike LaVallee of Stone & Youngberg gave a PowerPoint presentation that provided an overview of the issue of combined CFD as- sessment and general obligation bond debt. The presentation compared two scenarios, each of which netted approximately $18 million from two bond sales (the first in 2007 and the second in 2009). In the first scenario, all of the bonds were general obligation bonds. In the second sce- nario, the 2007 bond sale used assessment bonds based on a $5,000 per lot assessment. At the April 24, 2007 meeting, there seemed to be general conceptual Council consensus to al- low CFD assessment bonds to be sold in addition to CFD general obligation bonds when signifi- cant up-front, regional public infrastructure was needed for a development project. However, some Council members expressed concern about the amount of total effective combined CFD assessments presented at the meeting. Specifically, there was concern that the $5,000 per lot as- sessment would impose an excessive total effective combined CFD assessment rate on home- owners. At tonight's meeting, Mr. LaVallee will present scenarios explaining the overall impact of alter- native assessment bond assessment rates. Much of the background information will be a duplica- tion of the April 24 presentation, both to provide context for the new alternatives and to intro- duce the general subject to the two new Council members. RECOMMENDATION Staff recommends that the Council authorize staff and consultants to prepare proposed Saguaro Springs CFD formation documents that reflect assessment bond assessments of not less than $3,000 per typical single-family lot and general obligation bond assessments of $2.80 per $100 of assessed valuation ($2.50 principal amount plus $.30 for operation and maintenance). {00005062.DOC /} - 1 - 5/30/20075:48 PM FJC A TT ACHMENT(S) None. Presentation materials may be distributed just prior to the meeting. SUGGESTED MOTION Council's pleasure. {00005062.DOC /} - 2 - 5/30/20075:48 PM FJC