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HomeMy WebLinkAbout06/19/2007 Council Agenda Packet COUNCIL MEETING NOTICE AND AGENDA Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 June 19,2007, 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 18,2007, 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 19, 2007, at or after 7:00 p.m. REGULAR MEETING A. CALL TO ORDER AND ROLL CALL B. PLEDGE OF ALLEGIANCE AND INVOCATION/MOMENT OF SILENCE c. APPROVAL OF AGENDA D. CALL TO THE PUBLIC At this time any member ofthe 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 -Introduction of new staff member (Gilbert Davidson) 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. 2007-104: Relating to the Police Department; authorizing application for undercover vehicle registrations (Richard Vidaurri) COUNCIL MEETING NOTICE AND AGENDA Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 June 19,2007, at or after 7:00 p.m. 2. Resolution No. 2007-105: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a corporate person and location transfer of a No. 09 (Liquor Store) liquor license submitted by Pheng Hour Hak on behalf of Marana Grocery Store, located at 13865 N. Sandario Road (Jocelyn Bronson) 3. Resolution No. 2007-106: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a corporate location transfer of a No. 10 (Beer and Wine Store) liquor license submitted by Kim Kenneth Kwiatkowski on behalf of Circle K Store, located at the northwest corner of Tangerine and Thornydale Roads (Jocelyn Bronson) 4. Resolution No. 2007-107: Relating to Transportation; approving and authorizing the Mayor to execute an intergovernmental agreement Amendment between the Town of Marana and Pima County for the sharing of costs involved in the provision of public transit services to certain areas of Pima County and the Town of Marana (Jim DeGrood) 5. Resolution No. 2007-109: Relating to Public Works; approving and authorizing the execution of an intergovernmental agreement between the Arizona Department of Transportation and the Town of Marana relating to the I-I0/Twin Peaks traffic interchange (Cedric Hay) 6. Resolution No. 2007-110: Relating to Subdivisions; approving a release of assurances for Continental Reserve Block 16A and acceptance of public improvements for maintenance (Keith Brann) 7. Resolution No. 2007-111: Relating to Development; approving and authorizing a fmal plat for Saguaro Springs Blocks 2 & 3 (Kevin Kish) 8. Resolution No. 2007-112: Relating to Development; approving and authorizing a fmal plat for Dove Mountain Resort (Kevin Kish) 9. Relatine: to Personnel: Revision of Personnel Policy 3-6, Overtime/Compensatory Time, to eliminate holidays from the exclusions for calculating hours worked in a week for overtime (Regina Fleming) 10. Minutes of the May 22,2007 and May 31, 2007 special meetings. J. COUNCIL ACTION 1. Resolution No. 2007-113: Relating to Mayor and Council; authorizing the cancellation of the July 3, 2007 regular meeting (Jocelyn Bronson) COUNCIL MEETING NOTICE AND AGENDA Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 June 19,2007, at or after 7:00 p.m. 2. Resolution No. 2007-114: Relating to Development; ratifying design recommendation for the development known as Heinfeld Silverbell & Wade Retail (Kevin Kish) K. BOARDS, COMMISSIONS AND COMMITTEES 1. Resolution No. 2007-115 Relating to Boards, Commissions and Committees; appointments to the Planning & Zoning Commission, Business and Economic Development Commission and the Board of Adjustment (Jocelyn Bronson) L. ITEMS FOR DISCUSSION/POSSIBLE ACTION 1. State Le2islative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature (Mike Reuwsaat) 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 THE FOLLOWING STAFF REPORTS ARE AlTACHED TO THE COUNCIL PACKET D Building D Planning D Court D Police D Finance D Public Works D Human Resources D Town Clerk D Marana Chamber of ~ Water Commerce D Parks &. Recreation D Other Town of Marana Water Department Monthly Department Report May 2007 Water Conservation Tip: Only water your lawn when needed. You can tell this by simply walking across your lawn. If you leave footprints, it's time to water. ~--~ MARANA ~/,~ MAY 2007 CUSTOMER INFORMATION 4751 Number of customers billed 137 Number of disconnects 137 Number of new connects 49 Number of new services with meter installation 60,644,394 Total gallons sold 99.72 Acre feet pumped for the Airport, Airline/Lambert, Continental Reserve/ Picture Rocks, Hartman Vistas, and San Lucas 96.28 Acre feet of wholesale water purchased (Cortaro RanchlOshrin, Falstaff, La Puerta and Marana) DAILY OPERATIONS 327 Work orders completed 323 Blue Stakes completed 75 Transponders installed Checked all wells and pump stations Read all water meters and repaired radio read devices Took bacteria samples of water system Maintained all sampling in Marana School's water system Inspected all new water lines Completed water audits Changed out transponders at Continental Reserve Performed maintenance at Marana Park well Repaired riser on Lon Adams Performed maintenance on meters Repaired water leak on Lambert Lane Installed blow-off at the I-HOP on Cortaro Tied-in storage tank at the Heritage House Potholed for utilities on Sandario, La Puerta, and at the Heritage House Performed clean-up of weeds at wells sites as well as cleaned out meter boxes Relocated water line in Honea Heights Repaired Wade Rd. ARV WATER SERVICE AGREEMENTS BEING NEGOTIATED Sanders Grove (Meritage Homes) Gladden Fanns II Villages at Tortolita (Ziprich) Fann Field Five Westcor Shopping Center Marana Spectrum Villas at Sombrero Peak . Vanderbilt Fanns Water Service Agreement has expired OTHER Renewable Water Resources are being investigated Non-potable system and storage are in the discussion, and draft almost complete . Effluent and Marana Wastewater Treatment Plant in discussions with Pima County Flowing Wells excess C.A.P. allocation transfer recommendation at Arizona Dept. of Water Resources was forwarded to Secretary ofInterior/Bureau of Reclamation 1/8/07 Parker Davis electrical allocation - Recommendation for one megawatt to the Town of Marana Water Dept. was awarded. Contracting in process, discussions for delivery also III process Modification of Designation of Assured Water Supply has been granted by the Arizona Department of Water Resources, to 2017 Service area designations with the AZ DWR in progress & mapping 2 TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: June 19,2007 AGENDA ITEM: 1.1 TO: MAYOR AND COUNCIL FROM: Richard Vidaurri, Chief of Police SUBJECT: Resolution No. 2007-104: Relating to the Police Department; authorizing application for undercover vehicle registrations DISCUSSION The Town of Marana owns 18 vehicles assigned to the Police Department that require undercover license plates. Renewal of undercover plates is an annual requirement of the Arizona Department of Transportation. There is no cost to the Town for licensing these undercover plates. RECOMMENDATION Staff recommends renewal ofthe undercover license plates for the designated police vehicles. SUGGESTED MOTION I move to approve Resolution No. 2007-104. MARANA RESOLUTION NO. 2007-104 RELATING TO THE POLICE DEPARTMENT; AUTHORIZING APPLICA nON FOR UNDERCOVER VEHICLE REGISTRATIONS WHEREAS, A.R.S. 28-2511 requires motor vehicles owned or leased by a political subdivision of the state to bear the designation of the name of the political subdivision and the department or agency thereof in a visible manner, and A.R.S. 28- 2511(B) and (C) authorizes certain one-year exemptions from said marking requirements to be made by the governing body of a political subdivision for vehicles to be used for the conduct of rehabilitation or social service programs, felony investigations, or activities of a confidential nature; and WHEREAS, application is hereby made with respect to the motor vehicles used for said purposes by the Marana Police Department for exemptions from the provisions of A.R.S. 28-2511; and WHEREAS, the Mayor and Council find that it is in the best interests of the citizens of Marana to grant applications for the exemption from marking requirements. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Pima County, Arizona, as follows: 1. Pursuant to A.R.S. 28-2511(B) and (C), applications for exemptions from official identification of motor vehicles now assigned for use by the Marana Police Department for use in the conduct of rehabilitation or social service programs, felony investigations, or activities of a confidential nature, hereby are approved. Since the identification of these vehicles is confidential, and such confidentiality is necessary for the public safety, a list of the vehicles contained under this exception is to be retained confidentially by the Town Clerk. 2. The effective date of the exemption of the aforementioned motor vehicles shall be from July 1, 2007 to June 30, 2008. 3. Various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect this resolution. Marana Resolution No. 2007-104 1 PASSED AND ADOPTED BY the Mayor and Council of the Town of Marana, Pima County, Arizona, this 19th day of June, 2007. Mayor ED HONEA ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution No. 2007-104 2 TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: June 19,2007 AGENDA ITEM: I. 2 TO: MAYOR AND COUNCIL FROM: Jocelyn C. Bronson, Town Clerk AGENDA TITLE: Resolution No. 2007-105: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a corporate person and location transfer of a No. 09 (Liquor Store) liquor license submitted by Pheng Hour Hak on behalf of Marana Grocery Store, located at 13865 N. Sandario Road. DISCUSSION Pheng Hour Hak, on behalf of Marana Grocery Store, is applying for a corporate person and location transfer of a No. 09 (Liquor Store) liquor license for premises located at 13865 N. Sandario Road. The State Department of Liquor Licenses & Control has completed a background investigation and has forwarded two copies of an application for a spirituous liquor license in accordance with the State of Arizona Guide to Arizona Liquor Laws. One copy of the application has been posted on the front of the proposed licensed premises for 20 days prior to this meeting. The Council, as the appropriate governing board, must hold a meeting and either approve, disapprove or offer a "no-recommendation" decision on the application. This action must take place within 60 days of the filing ofthe application. If the application is approved at the appropriate government level, and no written protests have been received by the Town, and if there is no objection by the Director, the application will be approved. This process normally takes 90 days after the filing of the application. If the governing body disapproves the application or offers a "no-recommendation" decision, or if protests have been filed, the application must be set for a hearing before the State Liquor Board. The hearing may be conducted by the board or by a designated hearing officer. The purpose of a hearing is to consider all evidence and testimony in favor of or opposed to the granting of a license. The applicant for a new license bears the burden of demonstrating his or her "capability, qualifications and reliability" and that the granting of a license is in "the best interest of the community" except that, in a person-to-person transfer, an applicant need only prove his or her "capability, qualifications and reliability". An applicant in a location-to-Iocation transfer need only prove that the granting of the license is in the "best interest of the community". Marana Grocery Store The decision by the board to grant or deny an application will normally take place within 105 days after the application has been filed, unless the director deems it necessary to extend the time period. A.R.S. 4-201, 4-201.01, 4-203; Rule R-4-15-102. RECOMMENDATION Staff recommends approval and recommendation to the state liquor board for this liquor license. SUGGESTED MOTION I move to approve Resolution No. 2007-105. -2- MARANA RESOLUTION NO. 2007-105 RELATING TO LIQUOR LICENSES; APPROVAL AND RECOMMENDA nON TO THE STATE LIQUOR BOARD FOR A CORPORATE PERSON AND LOCATION TRANSFER OF A NO. 09 (LIQUOR STORE) LIQUOR LICENSE SUBMITTED BY PHENG HOUR HAK ON BEHALF OF MARANA GROCERY STORE, LOCATED AT 13865 N. SANDARIO ROAD. WHEREAS, pursuant to A.R.S. Section 4-201, the Town Council ofthe Town of Marana is empowered to recommend approval or disapproval of a liquor license request to the Arizona Department of Liquor Licenses and Control; and WHEREAS, Pheng Hour Hak has applied for a corporate person and location transfer of a No. 09 (Liquor Store) liquor license on behalf of Marana Grocery Store, for premises located at 13865 N. Sandario Road; and WHEREAS, Town staff filed one copy of the application in the office ofthe Town Clerk, and posted the other on the front of the premises at the northwest comer of Tangerine and Thomydale Roads for 20 days along with a statement requiring any bona fide resident residing, owning, or leasing property within a one mile radius in favor of or opposed to such issuance of the license to file written arguments in favor of or opposed to such issuance with the Town Clerk; and WHEREAS, the Town Council considered all statements filed by the applicant and any bona fide resident at a public meeting on May I, 2007, and has determined that it is in the best interests ofthe Town and its citizens that the application for a corporate person and location transfer liquor license for Marana Grocery Store, filed by Pheng Hour Hak for premises located 13865 N. Sandario Road, be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council ofthe Town of Marana, Arizona, that the Town recommends approval of the application for a corporate person and location transfer of a No. 09 (Liquor Store) liquor license filed on behalf of Marana Grocery Store, by Pheng Hour Hak for premises located at 13865 N. Sandario Road. Marana Resolution No. 2007-105 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 19th day of June, 2007. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Marana Resolution No. 2007-105 TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: June 19, 2007 AGENDA ITEM: I. 3 TO: MAYOR AND COUNCIL FROM: Jocelyn C. Bronson, Town Clerk AGENDA TITLE: Resolution No. 2007-106: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a corporate location transfer of a No. 10 (Beer and Wine Store) liquor license submitted by Kim Kenneth Kwiatkowski on behalf of Circle K Store, located at the northwest corner of Tangerine and Thornydale Roads. DISCUSSION Kim Kenneth Kwiatkowski, on behalf of Circle K Stores, is applying for a corporate location transfer of a No. 10 (Beer and Wine Store) liquor license for premises located at the northwest comer of Tangerine and Thornydale Roads. The State Department of Liquor Licenses & Control has completed a background investigation and has forwarded two copies of an application for a spirituous liquor license in accordance with the State of Arizona Guide to Arizona Liquor Laws. One copy of the application has been posted on the front of the proposed licensed premises for 20 days prior to this meeting. The Council, as the appropriate governing board, must hold a meeting and either approve, disapprove or offer a "no-recommendation" decision on the application. This action must take place within 60 days of the filing of the application. If the application is approved at the appropriate government level, and no written protests have been received by the Town, and if there is no objection by the Director, the application will be approved. This process normally takes 90 days after the filing of the application. If the governing body disapproves the application or offers a "no-recommendation" decision, or if protests have been filed, the application must be set for a hearing before the State Liquor Board. The hearing may be conducted by the board or by a designated hearing officer. The purpose of a hearing is to consider all evidence and testimony in favor of or opposed to the granting of a license. The applicant for a new license bears the burden of demonstrating his or her "capability, qualifications and reliability" and that the granting of a license is in "the best interest of the community" except that, in a person-to-person transfer, an applicant need only prove his or her "capability, qualifications and reliability". An applicant in a location-to-Iocation transfer need only prove that the granting ofthe license is in the "best interest ofthe community". Circle K The decision by the board to grant or deny an application will normally take place within 105 days after the application has been filed, unless the director deems it necessary to extend the time period. A.R.S. 4-201, 4-201.01, 4-203; Rule R-4-15-102. RECOMMENDATION Staff recommends approval and recommendation to the state liquor board for this liquor license. SUGGESTED MOTION I move to approve Resolution No. 2007-106. -2- MARANA RESOLUTION NO. 2007-106 RELATING TO LIQUOR LICENSES; APPROVAL AND RECOMMENDATION TO THE STATE LIQUOR BOARD FOR A CORPORATE LOCATION TRANSFER OF A NO. 10 (BEER AND WINE STORE) LIQUOR LICENSE SUBMITTED BY KIM KENNETH KWIATKOWSKI ON BEHALF OF CIRCLE K STORE, LOCATED AT THE NORTHWEST CORNER OF TANGERINE AND THORNYDALE ROADS. WHEREAS, pursuant to A.R.S. Section 4-201, the Town Council ofthe Town of Marana is empowered to recommend approval or disapproval of a liquor license request to the Arizona Department of Liquor Licenses and Control; and WHEREAS, Kim Kenneth Kwiatkowski has applied for a corporate location transfer No. 10 (Beer and Wine Store) liquor license on behalf of Circle K Store, for premises located at the northwest comer of Tangerine and Thomydale Roads; and WHEREAS, Town staff filed one copy ofthe application in the office of the Town Clerk, and posted the other on the front of the premises at the northwest comer of Tangerine and Thomydale Roads for 20 days along with a statement requiring any bona fide resident residing, owning, or leasing property within a one mile radius in favor of or opposed to such issuance of the license to file written arguments in favor of or opposed to such issuance with the Town Clerk; and WHEREAS, the Town Council considered all statements filed by the applicant and any bona fide resident at a public meeting on May 1, 2007, and has determined that it is in the best interests of the Town and its citizens that the application for a corporate location transfer liquor license for Circle K Store, filed by Kim Kenneth Kwiatskowski for premises located at the northwest comer of Tangerine and Thomydale Roads, be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council ofthe Town of Maran a, Arizona, that the Town recommends approval of the application for a corporate location transfer of a No. 10 (Beer and Wine Store) liquor license filed on behalf of Circle K Store, by Kim Kenneth Kwiatkowski for premises located at the northwest comer of Tangerine and Thomydale Roads. Marana Resolution No. 2001-106 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 19th day of June, 2007. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Marana Resolution No. 2007-106 TOWN COUNCIL MEETING INFORMATION MEETING DATE: TOWN OF MARAN A June 19,2007 AGENDA ITEM: 1.4 TO: MAYOR AND COUNCIL FROM: James R. DeGrood, P.E. Assistant Town Manager SUBJECT: Resolution 2007-107: Relating to Transportation; approving and authorizing the Mayor to execute an intergovernmental agreement Amendment between the Town of Marana and Pima County for the sharing of costs involved in the provision of public transit services to certain areas of Pima County and the Town of Marana DISCUSSION Continued provision of transit services to citizens of the Town of Marana by Pima County requires the renewal of the Intergovernmental Agreement between the governmental agencies, with adjustments in the cost of service. In the past, the renewals have occurred annually, however Pima County is now offering a 3 year agreement term. At this time, Marana financially participates in the provision of two transit services through Town. The first is the Pima County Rural Transit Service, operated by TRAX Transportation, which operates through the northern portion of Marana and A vra Valley, terminating at the Orange Grove and Thornydale intersection. This service has been in place for a number of years, making four daily runs. The frequency of service, extent of route, and pickup points within the Town of Marana will remain unchanged. The second service provided is the Route 16 (Ina Road) service which is currently operated by Sun Tran. This service makes 27 trips per weekday and 14 trips on Saturdays using a conventional transit bus service, making stops in the business area at Ina and Thornydale Roads. Sun Tran also provides express bus service from Cortaro Road to downtown Tucson. This new service is funded by the Arizona Department of Transportation, with some minor participation by the Town in the park and ride lot improvements. The express bus service is not a part of this agreement. The County has agreed to expand the range of transit services offered to the Town, to include optional paratransit services through the County's operator, A&K Transportation (dba Handicar). This service will be subject to the Town's identification of a service area. The County is offering this service at the same "per trip" cost as it is charged by the operator. Staff is working with the RT A on a study of circulator bus alternatives and will forward to Council a recommendation on a process for identifying alternatives and costs for future circulator and special needs transit services next fiscal year. Pima County has established "not to exceed" amounts for this service, in the amounts of $200,000 for FY 2006-2007; $250,000 for FY 2007-2008 and $300,000 for FY 2008-2009. As the Town does not currently provide paratransit service, no expenditures are expected in FY 2006-2007 and future year expenditures will be based upon Council approved . . servIce expansIOn. Pima County proposes to assess a proportionate cost for the existing transit services based upon their existing contracts with their transit providers Sun Tran and TRAX Transportation. The cost of the service for 2006-2007 will be $72,671.44, up from $71,008.11 for fiscal year 2005-2006. For FY 2007-2008 the cost of service will be $74,715.22, with the cost for FY 2008-2009 at $74,212.47. These costs fluctuate due to minor annual increases in Sun Tran service costs and holiday scheduling. RECOMMENDATION Staff recommends approval of Resolution 2007-107. SUGGESTED MOTION I move approval of Resolution 2007-107. -2- MARANA RESOLUTION NO. 2007-107 RELATING TO TRANSPORTATION; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT AMENDMENT BETWEEN THE TOWN OF MARANA AND PIMA COUNTY FOR THE SHARING OF COSTS INVOLVED IN THE PROVISION OF PUBLIC TRANSIT SERVICES TO CERTAIN AREAS OF PIMA COUNTY AND THE TOWN OF MARANA. WHEREAS, the Town of Marana has previously entered into a cost sharing agreement for the provision of transit services within the Town of Marana; and WHEREAS, the current agreement is in need of renewal; and WHEREAS, the Town wishes to continue to participate in the provision of regional transit service; and WHEREAS, The Town and Pima County have negotiated a contract for the provision of fixed route transit services in the amount of $72,671.44 for FY 2006-2007, $74,715.22 for FY 2007-2008 and $74,212.47 for FY 2008-2009; and, WHEREAS, The Town and Pima County have negotiated to allow for the provision of para transit services to the Town of Marana, in a service area defined by the Town of Marana and agreed to by Pima County, for a fee not to exceed $200,000 for FY 2006-2007, $250,000 for FY 2007-2008 and $300,000 for FY 2008-2009. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council ofthe Town of Maran a, Arizona, as follows: Section 1: The Mayor is authorized to execute an Intergovernmental Agreement Amendment for the provision of public transit services in the Town of Marana. Section 2: All ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the Council in conflict with the provisions of this Resolution is hereby repealed, effective as of the effective date of this Resolution. Section 3: If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. PASSED and ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 19th day of June, 2007. ATTEST: Mayor Ed Honea Jocelyn C. Entz Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA AND PIMA COUNTY FOR SHARING OF COSTS INVOLVED IN THE PROVISION OF PUBLIC TRANSIT SERVICES TO CERTAIN AREAS OF PIMA COUNTY AND THE TOWN OF MARANA THIS INTERGOVERNMENTAL AGREEMENT, entered into pursuant to Arizona Revised Statutes (A.R.S.) Title 11, Chapter 7, Article 3, by and between: THE TOWN OF MARANA, a municipal corporation (hereinafter referred to as the "Town"), -and THE COUNTY OF PIMA, a body politic and corporate, a political subdivision of the State of Arizona (hereinafter referred to as the "County"); WITNESSETH WHEREAS, the County currently provides funding for public transit services which operate within the Town of Maran a; and WHEREAS, the Town has determined that it is in the best interest of the residents of the Town of Marana, who benefit from the services, to provide funding for those portions of the public transit services that operate within the corporate limits of the Town; and WHEREAS, the Town and County may contract for services and enter into agreements with one another for joint or cooperative action pursuant to the provisions of A.R.S. Section 11-951, et see; NOW, THEREFORE, the Town and the County pursuant to the above, and in consideration of the matters and things hereinafter set forth, do mutually agree as follows: SECTION 1. PURPOSE The purpose of this Agreement is to set forth the responsibilities and obligations of the parties for the provision of transit services within the corporate limits of the Town of Marana. SECTION 2. MANNER OF FINANCING AND BUDGET The Town agrees to pay the County, upon presentation of quarterly invoices, all costs and charges incurred by the County to provide public transit services to the Town. Payments shall be due and payable within thirty (30) days after presentation to the Town. The County agrees to compile invoices for three (3) month intervals and present them quarterly to the Town. The invoices presented to the Town shall be for the actual number of transit trips provided during the quarter and for subsidy costs to provide public transit service in the Town, which represents actual expenses incurred less actual fare revenues and other credits. SECTION 3. OBLIGATIONS OF TOWN AND COUNTY 3.1. The Town agrees to pay its share of costs to provide public transit services, based on the total costs incurred by the County to provide the public transit services as set forth in Attachment 1, attached hereto and incorporated by reference and made a part of this Agreement. 3.2. The Town and County agree on the services to be provided by the County, and on the route or routes, schedules and mileage affecting this Agreement, and the corresponding portion of said routes contained within the Town, as set forth in Attachment 1. 3.3. The routes, mileage, amounts, totals, and any other provisions of Attachment 1 of this Section may be amended by the parties at any time, through mutual approval in writing by the County Administrator and the Town Manager, following forty-five (45) days written notice of the desired amendment. Upon such approval, an amended attachment shall be recorded with the office of the Pima County Recorder. 3.4. The County shall provide the Town with quarterly performance reports for each of the routes contained in Attachment 1 and for transit services provided in accordance with this Agreement. The reports for services described in Attachment 1 shall contain, at a minimum, information regarding ridership, fare revenues, and costs during the three (3) month reporting period. The reports for transit services shall list the number of trips (one way) per quarter for each designated client. 3.5. The County shall present quarterly invoices of all costs and charges incurred by the County to provide public transit services to the Town pursuant to this agreement and Attachment 1. Said invoices shall be compiled for three (3) month intervals and payments shall be due and payable thirty (30) days after presentation to the Town. The invoices presented to the Town shall be for the actual number of transit trips provided during the quarter, and for subsidy cost to provide public transit service in the Town, which represents actual expenses incurred, less actual fare revenues and other credits. 3.6. The Town and County agree to allow the County's Special Needs Contractor A & K Transportation, Handicar to provide paratransit service within Town limits in an area specifically determined by the Town. Eligibility, schedule and operating rules for the Special Needs Transportation shall be identical to County eligibility, schedule and operating rules. Costs of eligibility determinations, testing and appeals, if any, shall be reimbursed to the County by the Town. Operating costs for transporting Town residents shall be reimbursed to the County at the average monthly cost per trip for the system as a whole. Cost to the Town for providing paratransit service shall not exceed Attachment 1. SECTION 4. EFFECTNE DATE AND DURATION OF AGREEMENT This Agreement shall be effective upon filing a fully executed copy with the Office of the Pima County Recorder, and shall remain in full force and effect until June 30, 2009, unless sooner terminated or further extended pursuant to the terms of this Agreement. SECTION 5. ANNUAL REVIEW This Agreement may be reviewed annually by the Town Manager and the County Administrator. In the event an increase in service requirements, fuel costs, etc., require total cost of services to exceed the amounts specified in Attachment 1, the parties may amend this agreement to revise amounts in any given year to reflect the actual cost of services. Any adjustment to any term or condition of this Agreement must be made by written amendment signed by the parties. SECTION 6. TERMINATION This Agreement may be terminated at any time upon sixty (60) days written notice from the terminating party to the other. Such termination shall not relieve either party from those liabilities or costs already incurred under this Agreement. SECTION 7 .COMPLIANCE WITH LA WS The parties shall comply with all applicable federal, state, and local laws, rules, regulations, standards, and executive orders, including but not limited to the following: a. The provisions of Arizona Revised Statutes Sec. 41-1463 and Executive Order Number 75-5 as amended by Executive Order 99-4, issued by the Governor of the State of Arizona, and, where not inconsistent therewith, the provisions of the Tucson Code Section 17-21 and Pima County Ordinance Number 1974-10, are incorporated by this reference as a part of this Agreement. b. This Agreement is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 101-336,42 V.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. 3 c. This Agreement is subject to the provisions of A.R.S.S38-511. SECTION 8. LEGAL JURISDICTION Nothing in this Agreement shall be construed as either limiting or extending the legal jurisdiction of either the Town or the County. SECTION 9. LIMITATION OF LIABILITY Each party (as "indemnitor") agrees to indemnify, defend, and hold harmless the other party (as "indemnitee") 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 of any person (including death) or property damage but only to the extent that such claims which result in vicarious/derivative liability to the indemnitee, are caused by the act, omission, negligence, misconduct, or other fault of the indemnitor, its officers, officials, agents, employees, or volunteers. SECTION 10. APPROPRIATION OF FUNDS Each party represents that it has, within its respective budget, sufficient funds to discharge the obligation and duties assumed under this Agreement. Should either party fail to obtain continued funding during the term of this Agreement through a failure of appropriation or approval of funds, then in that event this Agreement shall be deemed to terminate by operation of law. In such event, termination shall be effective on the last day of the year for which funds have been appropriated or approved. SECTION 11. NOTICE Any notice required or permitted to be given under this Agreement shall be in writing and shall be served by delivery or by certified mail upon the other party as follows: If to the Town: Mike Reuwsaat Town of Maran a 13251 North Lon Adams Road Marana, Arizona 85653 If to the County: Clerk, Pima County Board of Supervisors 130 West Congress Tucson, Arizona 85701 With copies to: Priscilla S. Cornelio, P.E., Director Pima County Department of Transportation and Flood Control 201 North Stone Avenue, 3rd Floor Tucson, Arizona 85701 Or to such other addresses as either party shall designate in writing. 4 SECTION 12. FORCE MAJEURE The omission of the performance or failure to render any services required by this agreement because of an act of God, inevitable accident, fire, lockout, strike or other labor dispute, riot, act of government or governmental instrument or instrumentality (whether federal or state), or failure of equipment or facilities not due to inadequate maintenance shall not constitute a breach of this agreement or failure of performance by the County or Town; provided, however, that the Town shall not be obligated to make any payment to the County with respect to any services not actually rendered by the County to the Town pursuant to the terms of this agreement due to any cause contemplated in this paragraph. SECTION 13. MODIFICATION BY AMENDMENT This Agreement may be modified by the parties at any time upon written amendment executed by the parties. The parties shall share all costs of revising this Agreement. SECTION 13. NO ACQUIRED INTERESTS Neither the Town or the County, by this Agreement, acquires right, title or interest in the other's transportation servIces. SECTION 14. SEVERABILITY In the event that any provision of this Agreement or the application thereof is held invalid, such invalidation shall have no effect on other provisions and other than their application which can be given effect without the invalid provision or application and to this end the provisions ofthis Agreement are severable. SECTION 15. 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, the parties have entered into this Agreement as indicated by the signatures and dates written below. TOWN OF MARANA: ATTEST: Mayor Clerk for the Town Date: Date 5 PIMA COUNTY BOARD OF SUPERVISORS Chairman of the Board of Supervisors Date: Recommended to the Board: Priscilla S. Cornelio, P.E., Director Pima County Department of Transportation Date: ATTEST: Clerk of the Board Date: Pursuant to A.R.S. 9 11-952 (D), the attorneys for the governmental entities which are the parties to this Agreement have determined that the foregoing is in proper form and is within the powers and authority of the parties as granted under the laws ofthe State of Arizona. Town Attorney Date: L~ Deputy Coun y Attorney Date: 3/12/0.., 6 .-/ Attachment 1 to the IGA between Pima County and the T own of Marana for Mass Transit Services July 1, 2006 to June 30, 2007 Pima County Rural Transportation Service Marana Rural Route Service Total Route Cost (Contractor hourly rate times service hours minus fare collected) Federal Share (Section 5311) funds Local Share Total Local Share Town of Marana Share (54.8% of Total Local Share) Sun Tran Service Route 16 miles within the Town of Marana @ 1.3 miles per trip, 27 trips /weekday, 14 trips/Saturday 254 weekdays and 53 Saturdays in FY 0607 Total Sun Tran miles in Marana Net Sun Tran Cost per Mile (From COT IGA for FY 0607) Mileage.Cost ( Net cost per mile times total miles) Sun Tran Cost Sub-Total Rural Route plus Sun Tran Cost to provide paratransit service including eligibility, appeals and transportation. Not to exceed Grand Total Town of Marana Cost (Sun Tran plus Rural) $107,665.00 $53,832.50 $53,832.50 $53,832.50 $29,500.21 9,879.00 $4.37 $43,171.23 $43,171.23 $72,671.44 $200,000.00 $272,671.44 Page One Attachment 1 to the IGA between Pima County and the Town of Marana for Mass Transit Services July 1,2007 to June 30, 2008 Pima County Rural Transportation Service Marana Rural Route Service Total Route Cost (Contractor hourly rate times service hours minus fare collected) Federal Share (Section 5311) funds Local Share Total Local Share Town of Marana Share (54.8% of Total Local Share) Sun Tran Service Route 16 miles within the Town of Marana @ 1.3 miles per trip, 27 trips /weekday, 13 trips/Saturday 255 weekdays and 52 Saturdays in FY 0708 Total Sun Tran miles in Marana Net Sun Tran Cost per Mile (From COT IGA for FY 0708) Mileage Cost ( Net cost per mile times total miles) Sun Tran Cost Sub-Total Rural Route plus Sun Tran Cost to provide paratransit service including eligibility, appeals and transportation. Not to exceed Grand Total Town of Marana Cost (Sun Tran plus Rural) $114,144.00 $57,072.00 $57,072.00 $57,072.00 $31,275.46 9,828.00 $4.42 $43,439.76 $43,439.76 $74,715.22 $250,000.00 $324,715.22 Page Two Attachment 1 to the IGA between Pima County and the Town of Marana for Mass Transit Services July 1,2008 to June 30,2009 Pima County Rural Transportation Service Marana Rural Route Service Total Route Cost (Contractor hourly rate times service hours minus fare collected) Federal Share (Section 5311) funds Local Share Total Local Share Town of Marana Share (54.8% of Total Local Share) Sun Tran Service Route 16 miles within the Town of Marana @ 1.3 miles per trip, 27 trips /weekday, 13 trips/Saturday 255 weekdays and 52 Saturdays in FY 0809 Total Sun Tran miles in Marana Net Sun Tran Cost per Mile (From COT IGA for FY 0809) Mileage Cost ( Net cost per mile times total miles) Sun Tran Cost Sub-Total Rural Route plus Sun Tran Cost to provide paratransit service including eligibility, appeals and transportation. Not to exceed Grand Total Town of Marana Cost (Sun Tran plus Rural) $121,635.00 $60,817.50 $60,817.50 $60,817.50 $33,327.99 9,828.00 $4.16 $40,884.48 $40,884.48 $74,212.47 $300,000.00 $374,212.47 Page Three TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: June 19,2007 AGENDA ITEM: 1.5 TO: MAYOR AND COUNCIL FROM: Cedric Hay, Senior Assistant Town Attorney SUBJECT: Resolution No. 2007-109: Relating to Public Works; approving and authorizing the execution of an intergovernmental agreement between the Arizona Department of Transportation and the Town of Marana relating to the 1-10 I Twin Peaks traffic interchange. DISCUSSION The construction of the new Twin Peaks Traffic Interchange is essential to the public safety and general welfare of local residents as well as those traveling through Arizona on Interstate-lO. In support of this project, the State, through its Department of Transportation has agreed to contrib- ute a maximum of $14,000,000.00 towards all costs. The Town will provide design and right-of- way plans and will be responsible for right-of-way acquisition. . The lOA proposed for approval by this agenda item establishes the procedures by which the Town of Marana will work in with the State to best facilitate design, planning and completion of the project. RECOMMENDA TION Staff recommends adoption of Resolution No. 2007-109, approving and authorizing the execu- tion of the lOA with the State setting forth respective responsibilities related to the design and completion ofthe 1-10 I Twin Peaks interchange. A TT ACHMENT(S) lOA with State of Arizona through its Department of Transportation SUGGESTED MOTION I move to adopt Resolution No. 2007-109. {00005145.DOC I} CIH 06/13/07 MARANA RESOLUTION NO. 2007-109 RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE ARIZONA DEPARTMENT OF TRANSPORTATION AND THE TOWN OF MARANA RELATING TO THE 1-10 / TWIN PEAKS TRAFFIC INTERCHANGE. WHEREAS the construction of the new 1-10 Twin Peaks Traffic Interchange is essential to the public safety and general welfare oflocal residents as well as those traveling through Arizona on Interstate-l0; and WHEREAS the State of Arizona, by and through its Department of Transportation, desires to assist the Town of Marana in its design, planning and funding for the project; and WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of the citizens of both the State and the Town of Maran a 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 the State of Arizona 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 Marana. 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 ofthe Town of Marana, Arizona, this 19th day of June, 2007. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Cedric Hay, Senior Assistant Town Attorney {000052/5.DOC I} C/H 6114107 Agreement JPA File No.: 06-148 AG Contract No.: KR07-0594TRN Project: Twin Peaks Linda Vista TI TRACS No.: H5838 010 H5838 01 C Budget Source Item No.: 14506 INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND TOWN OF MARANA THIS AGREEMENT is entered into this date , 2007, pursuant to the Arizona Revised Statutes 9 11-951 through 11-954, as amended, between the STATE OF ARIZONA, acting by and through its DEPARTMENT OF TRANSPORTATION (the "State") and the TOWN OF MARAN A, acting by and through its MAYOR and TOWN COUNCIL (the "Town"). I. RECITALS 1. The State is empowered by Arizona Revised Statutes 9 28-401 to enter into this Agreement and has delegated to the undersigned the authority to execute this Agreement on behalf of the State. 2. The Town is empowered by Arizona Revised Statutes 9 9-240 to enter into this Agreement and has by resolution, a copy of which is attached hereto and made a part hereof, resolved to enter into this Agreement and has authorized the undersigned to execute this Agreement on behalf of the Town. 3. The Town and the State agree that the construction of a new traffic interchange on 1-10 between Cortaro Road and Avra Valley Road in Pima County, Arizona is essential to the public safety and welfare. The interchange will connect Twin Peaks Road on the west to Linda Vista Boulevard/EI Camino de Manana on the east. The interchange will be grade-separated with 1-10 and the Union Pacific Railroad track and will include intersections with the 1-10 eastbound and westbound frontage roads. A new business access/circulation roadway will be included. Also included is a new bridge over the Santa Cruz River. The map attached as Exhibit 1 depicts the location and design of the 1-10 Traffic Interchange at Twin Peaks hereinafter referred to as the Project. 4. The State has agreed to contribute a maximum of $14,000,000.00 from programmed funds scheduled in 2007-2011 towards all costs of the Project including construction engineering and administration. The Town will provide design plans and right-of-way plans. The Town will be responsible for acquisition of all right-of-way. The Town will provide and pay for all relocation assistance and benefits as provided below. The Town will pay actual costs to the State in excess of the State's contribution. The State will review and approve the design plans and right of way plans for the Project and will advertise for bid award and administer the construction contract. Page 2 JPA 06-148 THEREFORE, in consideration of the mutual covenants expressed herein, it is agreed as follows: II. SCOPE OF WORK 1 . Authorize the State to act as its agent for the Project 2. The Town shall: a. Provide design plans prepared to State standards, specifications and other such documents and services required for construction bidding of the Project and incorporate or resolve States review comments. b. Be responsible for payment of any contractor claims for extra compensation due to delays attributable to the Town. The State shall administer the process and the Town will have input in the claims process. All settlements will be jointly approved. The Town will deposit 100% of cost increases due to change orders into the LGIP account. c. Prepare the right-of-way plans and coordinate with ADOT R/W Plans Section regarding the survey data. d. Be responsible for acquisition of all right of way needed for construction, including, without limitation, the acquisition and removal of all outdoor advertising structures within the Project limits. Be responsible for all relocation if any. The Town shall use appraisers and right of way acquisition personnel approved by the State and shall confirm to the Arizona Department of Transportation ("ADOr) Right of Way manual and the Uniform Relocation Assistance and Real Property Acquisition Policies Act. e. Be responsible for obtaining all environmental clearances and complying with all environmental requirements, including all archeological inventory and mitigation. f. Be responsible for demolition of improvements, asbestos removal and removal of hazardous material in the right-of-way acquired using State approved suppliers. g. Be responsible for all Project costs, including construction and administration ("Project Costs") over the State's contribution of $14,000,000.00 payable from Town and Pima Association of Governments Regional Transportation Authority funds referred to on Exhibit 2. h. Convey, by Arizona transportation Board Resolution all property necessary for the Interchange and frontage roads to the State prior to bid advertisement for the Project. The Town will be responsible for preparing a legal description and exhibits for the Resolution of the property to be conveyed; ADOT will prepare said Resolution and submit to the Board. The Town will be responsible for monumenting the boundaries and reflecting the boundaries on the right-of-way plans. i. Prior to Board establishment, the Town shall provide to the State all original, recorded vesting documents and Title insurance policies. The property to be conveyed shall be free and clear of all liens and encumbrances. The Town will be responsible for obtaining releases on any outstanding liens that have not cleared by the time of Board establishment. j. After construction, be responsible for ownership and maintenance of the portion of the Project outside ADOT's right of way limits as depicted on the map attached as Exhibit 3, and waive the requirements of Arizona Revised Statute 28-7209. (Area depicted on Exhibit 3 will be abandoned by Arizona Transportation Board Resolution upon completion of the Project.) Page 3 JPA 06-148 k. Provide an estimated schedule of cash flow requirements and detail of the source of funds, attached as Exhibit 2. i. As good faith, deposit $15,000,000.00 to the State prior to bid award of the construction contract in the LGIP Account with the State Treasurer's office. ii. Upon receipt of a monthly invoice from the State, the Town shall pay it's proportionate share of the project construction costs. The Town will continue to pay its proportionate share until the project is completed and final billing. The Town's proportionate share will be calculated based upon the ADOT contribution and the Project cost. The numerator is the Project Cost minus $14,000,000.00 and the denominator is the Project Cost ((Project Costs - $14M)/Project Cost). iii. It is the expectation of the Parties that upon payment of the last invoice and completion of the Project, there will be no money left on deposit. Any funds remaining on account will be paid to the Town. All money on deposit with ADOT shall be deposited in an interest bearing escrow account at the State Treasurer's Office All interest shall be credited to the Town's portion of the Project costs. 3. The State shall: a. Review and approve all right of way plans, legal descriptions and other right of way documents prepared by the Town. b. Review and approve the design documents required for construction of the Project, and provide comments to the Town as appropriate. c. Administer the claims process and be responsible for payment of any contractor claims for extra compensation due to delays attributable to the State. The Town will have input in the claims process and all settlements will be jointly approved. . d. Advertise for bids and award the construction contract for the Project. Administer contracts for the Project and make all payments to the contractor. e. Be responsible for all aspects of construction administration pursuant to the current ADOT Construction Manual. f. After construction, be responsible for ownership and maintenance of all right of way conveyed to the State by the Town through Board Resolution for the Interchange and frontage roads as depicted on Exhibit 3. g. Pay all Project costs from funds deposited by the Town's (attached as Exhibit 2) and the State's contribution. i. Monthly invoice the Town, for Project construction costs that are to be funded with Town or programmed funds in excess of the State's contribution. ii. Credit interest earnings on monthly cash balances into the Town's deposit account. Page 4 JPA 06-148 iii. Once all project costs from State and Federal sources have been paid, use its best efforts to "draw down" the balance of the deposit account in such a manner so as to retain a sufficient balance to fund future estimated monthly project costs. iv. Assist the Town with establishing a Town Local Governmental Investment Pool (LGIP) Account with the State Treasurer's Office. The Town is required to deposit $15,000,000.00 prior to bid award Interest on Town's LGIP Account shall be for the benefit of the Town, available to pay for monthly actual Project costs. h. Upon completion of the Project, by State Transportation Board Resolution, the State shall transfer and turn back ownership to the Town of all right-of-way, depicted on Exhibit 3 as "Marana Maintenance Area". 4. Both Parties Agree: a. To grant the other, their agents, contractors, consultants and employees the right to enter any property acquired for the Project for purposes of the Project. b. To waive all permits and permit fees associated with the Project that would otherwise be required. c. For the purposes of this Agreement, Right-of-Way is defined as being either a fee or easement interest. III. MISCELLANEOUS PROVISIONS 1. The Recitals to this Agreement are incorporated herein. The terms, conditions and provisions of this Agreement shall remain in full force and effect until completion of construction of the Project and related deposits. The Town assumes full responsibility for the design, plans, specification, reports, and the engineering in connection therewith of any design contractor cost over-runs and design claims. 2. Each party (as "Indemnitor") agrees to indemnify, defend, save and hold harmless the other party (as "Indemnitee") from and against any and all claims, losses, liability, costs, or expenses including reasonable attorneys' fees, hereinafter collectively referred to as ("claims"), arising out of bodily injury of any person, including death or property damage, but only to the extent that such claims which result in vicarious/derivative liability to the Indemnitee, are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees or volunteers. 3. This Agreement shall become effective upon filing with the Secretary of State. 4. This Agreement may be cancelled in certain instances in accordance with Arizona Revised Statutes 938-511. 5. The provisions of Arizona Revised Statutes 9 35-214 pertaining to State audit are applicable to this Agreement. 6. In the event of any controversy, which may arise out of this Agreement, the Town and the State agree to abide by required arbitration as is set forth for public works contracts in Arizona Revised Statutes 9 12-1518. 7. All notices or demands upon any party to this Agreement shall be in writing and shall be delivered in person or sent by mail, addressed as follows: Page 5 JPA 06-148 Arizona Department of Transportation Joint Project Administration 205 S. 1ih Avenue, Mail Drop 616E Phoenix, Arizona 85007 (602) 712-7525 (602) 712-7424 Fax Town of Marana Michael A. Reuwsaat, Town Manager 11555 W. Civic Center Dr. Marana, Arizona 85653 Phone # 520-682-3401 Fax # 520-682-2654 8. This Agreement is subject to all applicable provisions of the Americans with Disability Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable Federal regulations under the Act, including 28 CFR Parts 35 and 36. The parties to this Agreement shall comply with Executive Order Number 99-4 issued by the Governor of the State of Arizona and incorporated herein by reference regarding "Non- Discrim ination". 9. Non-Availability of Funds: Every payment obligation of the State under this Agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such obligations. If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by the State at the end of the period for which the funds are available. No liability shall accrue to the State in the event this provision is exercised as a result of termination under this paragraph. 10. In accordance with Arizona Revised Statutes S 11-952 (0,) attached is the written determination of each party's legal counsel and that the parties are authorized under the laws of this State to enter into this Agreement and that this Agreement is in proper form. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. TOWN OF MARANA STATE OF ARIZONA Department of Transportation By By ED HONEA Mayor ATTEST: JPA- Town of Marana -Traffic Interchange on 1-10 between Cortero Road and Avra Valley Road Approved by AG's office May 22, 2007-ly By JOCELYN C. BRONSON Town Clerk TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: June 19,2007 AGENDA ITEM: 1.6 TO: MAYOR AND COUNCIL FROM: Keith Brann, P.E., Town Engineer SUBJECT: Resolution No. 2007-110: Relating to Subdivisions; approving a release of assurances for Continental Reserve Block 16A and acceptance of public improvements for maintenance. DISCUSSION Approval of this resolution will release the Assurance Agreement between Pulte Homes Corporation, an Arizona corporation and Lawyers Title of Arizona, an Arizona Corporation under Trust No. 7924-T recorded at the Pima County Recorder's Office at Docket 12340, Page 2946 and the Town of Marana, regarding Continental Reserve Block l6A as depicted on Exhibit A. Continental Reserve Blocks l6A is comprised oflots 1 through III and Common Area 'A'. The subdivision is recorded in Book 58 of Maps and Plats, Page 72, Pima County Recorders Office, Arizona. In releasing said Assurance Agreement, the Town of Marana will accept for maintenance, including regulatory traffic control signs and street signs, approximately 1.04 miles of the following paved streets: Gillespie Lane Coltrane Court Wayward Star Drive Blakey Lane Basie Circle Brubeck Circle The Town will accept for maintenance, a potable water system including appurtenances, valves, water meters and fire hydrants for the above referenced project. ATTACHMENTS . Exhibit A - Map of streets to be accepted RECOMMENDATION Staff recommends that Mayor and Council release the Assurances for Continental Reserve Block 16A and accept the public improvements for maintenance. SUGGESTED MOTION I move to approve Resolution No. 2007-110. Continental Reserve Block 16A Full Release MARANA RESOLUTION NO. 2007-110 RELATING TO SUBDIVISIONS; APPROVING A RELEASE OF ASSURANCES FOR CONTINENTAL RESERVE BLOCK 16A AND ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR MAINTENANCE. WHEREAS, Continental Reserve Blockl6 A is a 34.75 acre subdivision located on Continental Reserve Loop, west of Silverbell Road, containing lots I-III, and common area 'A', and is recorded at the Pima County Recorder's Office in Book 58 of Maps and Plats, Page 72; and WHEREAS, the Town has previously entered into an Assurance Agreement with PuIte Homes Corporation, an Arizona corporation (beneficiary) and Lawyers Title of Arizona, an Arizona Corporation under Trust No. 7924-T recorded at the Pima County Recorder's Office at Docket 12340, Page 2946, assuring the completion of public improvements; and WHEREAS, PuIte Homes Corporation., has completed the public improvements acceptable to Town standards in accordance with the Assurance Agreement for Continental Reserve Blockl6A; and NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana as follows: Section 1. Continental Reserve Blockl6A is hereby released from the Assurance Agreement with Pulte Homes Corporation under Trust No. 7924-T and Lawyers Title of Arizona. Section 2. The Town accepts for maintenance, including maintenance of regulatory traffic control and street signs, for maintenance, approximately 1.04 miles of the following paved streets: A. Gillespie Lane B. Coltrane Court C. Wayward Star Drive D. Blakey Lane E. Basie Circle F. Brubeck Circle Section 3. The Town accepts for maintenance, a potable water system including appurtenances, valves, water meters and fire hydrants for the above referenced project. Marana Resolution No. 2007-110 Page lof2 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 19th day of June, 2007. Mayor Ed Honea. ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Marana Resolution No. 2007-110 Page 2 of2 'f! ~OOB ~ ~~ /5"< "'''/5 ~~~ 1!5"~ vf~ ~ i ~Ea :a - ~..;u ~. ii'\1"). ,..pt w~~ ~... 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I 1~~:~;~i~I~~~~~ ;;~~III~~~8~~i~: ~i~i!~~!~i~ !i ~;Q~~ 1= ~d 1= !i; I~ ~~~i~ 2ii :~i<.. ~~~~ ~i~~~ ~~ ~ ~i ~~~ i~f ~ i~~ lj~ ~ ...:toll"l.lIh;i " .. .. g - ~ :2 t- O!! :! ~~ _l!i!lt _~2 .. TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: June 19,2007 AGENDA ITEM: 1.7 TO: MAYOR AND COUNCIL FROM: Kevin Kish, AICP, Planning Director SUBJECT: Resolution No. 2007-111: Relating to Development; approving and authorizing a fmal plat for Saguaro Springs Blocks 2 & 3. DISCUSSION Request Final plat approval for a 416-10t residential single family detached home subdivision on approximately 94 acres. Location East of Quarry Road and north of Twin Peaks Road. Zonin2 This plat is made up of three different residential areas. Block 3 is located east of Saguaro Highlands Drive, and Block 2 is divided into a north and south section on the west side of Saguaro Highlands Drive. Block 3 has 152 lots zoned R-6 (Single-Family Residential, minimum lot size 6,000 square feet). The smallest lot is 6,049 square feet (lot 653) and the average lot size is 6,656 square feet. Block 2 is within a portion of the development that has Specific Plan zoning. The south half of Block 2 has 161 lots zoned Medium Density Residential (MDR) which requires a 6,000 square foot minimum lot size. The smallest lot is 6,005 square feet (lot 923) and the average lot size is 6,518 square feet. The north half of Block 2 has 103 lots zoned Medium High Density Residential (MHDR), with a 4,000 square foot minimum lot size, and will utilize the garden (or green) court option of the Saguaro Springs Specific Plan which features homes facing an interior courtyard with rear-entry garages accessing from private alleys and allowing the minimum lot size to be decreased to 3,500 square feet. The average size of lots with the green court option is 3,623 square feet. The smallest lot is 3,520 square feet (multiple lots). Transportation Saguaro Highlands Drive will collect all vehicular traffic for blocks 2 and 3. Saguaro Highlands Drive connects with Twin Peaks Road to the south and Saguaro Peaks Boulevard to the east. Saguaro Peaks Boulevard also connects with Twin Peaks Road to the south and Lambert Lane to the north. Residential streets within the southern portion of Block 2, and all of Block 3, will be public. Residential streets within the northern portion of Block 2 will be private. 061907 Saguaro Springs block 2&3 FP TC.doc Park ReQuirements and Benefit Fee Area Per the Land Development Code each lot is required to have 185 square feet of improved recreation area. Combined, the three blocks require approximately 1.77 acres of improved recreation area and provide approximately 4.20 acres. Each block has a shaded tot lot, picnic tables and a BBQ area. Block 3 and the south half of Block 2 have two pocket parks, turf areas and a swing set. The north half of block 2 has a paved walkway with enhanced vegetation that runs throughout the block. The project is located in the Marana South Transportation and the Marana Park benefit fee areas. Residential Desie:n Per the adopted development agreement, all homes within Saguaro Springs will follow the Residential Design Standards. The development agreement also allows up to 60 percent of the homes to be two stories throughout Saguaro Springs. ATTACHMENTS Summary application, location map, and reduction of final plat. RECOMMENDATION Staff has reviewed the request against the requirements of the Marana Land Development Code, the General Plan, the adopted development agreement and the Saguaro Springs Specific Plan, and finds it to be in substantial conformance with all required development regulations. Staff recommends approval of the final plat for Saguaro Springs Blocks 2 and 3. SUGGESTED MOTION I move to approve Resolution No. 2007-111. 061907 Saguaro Springs block 2&3 FP TC.doc MARANA RESOLUTION NO. 2007-111 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A FINAL PLAT FOR SAGUARO SPRINGS BLOCKS 2 & 3. WHEREAS, on April 6, 2004, the Town of Marana adopted Resolution No. 2004-15, approving the final block plat for Saguaro Springs, Book 58 Page 23; and WHEREAS, First American Title Agency, Trust 9089, the owner of Saguaro Springs Blocks 2 and 3, has applied for approval of a final plat for 416 single-family detached homes on 94.09 acres, including lots 612 through 1027, Common Areas "A", "B", "C", and "D", and is generally located east of the Quarry Road and north of Twin Peaks Road, within a portion of Section 13, Township 12 South, Range 11 East; and WHEREAS, the Marana Town Council, at their regular meeting on June 19, 2007, determined that the Saguaro Springs Blocks 2 and 3 final plat should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that Saguaro Springs Blocks 2 and 3 final plat is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 19th day of June, 2007. Mayor ED HONEA ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution No. 2007-111 The Saguaro Springs Blocks 2 & 3 Final Plat is on file and available for viewing from 8 :00 a.m. to 5 :00 p.m. Monday through Friday excluding holidays, at the office of the Town Clerk, 11555 W. Civic Center Drive, Marana, AZ 85653. TOWN COUNCIL MEETING INFORMATION MEETING DATE: TOWN OF MARANA June 19, 2007 AGENDA ITEM: 1.8 TO: MAYOR AND COUNCIL FROM: Kevin Kish AICP, Planning Director SUBJECT: Resolution No. 2007-112: Relating to Development; approving and authorizing a final plat for Dove Mountain Resort. DISCUSSION The request is for final plat approval of a 153-lot residential subdivision, with blocks for the resort hotel, future residential, golf course maintenance facility, golf course, clubhouse, utilities, trailhead parking, future commercial, open space, landscaping and drainage on 847.11 acres within the Dove Mountain Specific Plan. The proposed subdivision is generally located northerly ofthe Dove Mountain road alignment, approximately 2 Yz miles north of Tangerine Road. The area within the final plat has land uses designations of Resort (R), Estate Lots (E), Low Density Residential (LDR), Mixed Use Commercial (MUC) and Open Space (OS) per the Dove Mountain Specific Plan. This plat contains a variety of lot sizes with the smallest being 9,927 square feet (Lot 6), with an average lot area of over 48,000 square feet for the overall subdivision. The boundaries of the subdivision will be located behind the gated entrance to the Ritz-Carlson Resort and is being served by a private street system. Approximately 0.70 of Public Street will be developed in association with this plat. In addition 4.4 miles of new private streets will be constructed to town standards for this plat. This project is subject to compliance with the Dove Mountain Conservation Plan regarding native plants, wildlife and other natural resources found at Dove Mountain. ATTACHMENTS Application and location map and reduced final plat. RECOMMENDATION Staff recommends approval of a final plat for Dove Mountain Resort. Staff has reviewed the application for compliance with the Dove Mountain Specific Plan, the Marana Land Development Code and the Marana General Plan. This final plat is in conformance with all required development regulations. SUGGESTED MOTION I move to approve Resolution No. 2007-112. MARANA RESOLUTION NO. 2007-112 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A FINAL PLAT FOR DOVE MOUNTAIN RESORT. WHEREAS, the applicant, OPW Engineering, LLC representing the property owners of Dove Mountain Resort, has applied for approval of a final plat for a 153-lot residential subdivision, with blocks for the resort hotel, future residential, golf course maintenance facility, golf course, clubhouse, utilities, trailhead parking, future commercial, open space, landscaping and drainage on 847.11 acres within the Dove Mountain Specific Plan., and generally is located northerly of the Dove Mountain road alignment, approximately 2 Ih miles north of Tangerine Road, within Sections 13, 14, 15, 16,21,22,23 and 24, Township 11 South and Range 12 East and Sections 18 and 19, Township 11 South and Range 13 East; and WHEREAS, the Town Council, at their regular meeting on June 19,2007 has determined that Dove Mountain Resort final plat should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that Dove Mountain Resort final plat, a 153-lot residential subdivision, with blocks for the resort hotel, future residential, golf course maintenance facility, golf course, clubhouse, utilities, trailhead parking, future commercial, open space, landscaping and drainage on 847.11 acres within the Dove Mountain Specific Plan., and generally is located northerly of the Dove Mountain road alignment, approximately 2 Yz miles north of Tangerine Road, within Sections 13, 14, 15, 16,21,22,23 and 24, Township 11 South and Range 12 East and Sections 18 and 19, Township 11 South and Range 13 East is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 19th day of June 2007. ATTEST: Mayor Ed Hone Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution No. 2007-112 The Dove Mountain Resort Planning & Zoning Application and Final Plat are on file and available for viewing from 8:00 a.m. to 5:00 p.m. Monday through Friday excluding holidays, at the office of the Town Clerk, 11555 W. Civic Center Drive, Marana, AZ 85653. TOWN COUNCIL MEETING INFORMATION MEETING DATE: TOWN OF MARANA June 19, 2007 AGENDA ITEM: I. 9 TO: MAYOR AND COUNCIL FROM: Regina Fleming, Human Resources Director SUBJECT: Relatinf! to Personnel: Revision of Personnel Policy 3-6, Overtime/Compensatory Time, to eliminate holidays from the exclusions for calculating hours worked in a week for overtime DISCUSSION Personnel Policy 3-6 provides the rules for calculation of overtime for non-exempt employees. Section E excludes vacation, sick and other leave from consideration in calculation for overtime. Approval of this revision will allow holiday hours to be counted toward the 40-hour work week. ATTACHMENT Current policy and revised policy. RECOMMENDATION Staff recommends a revision of the policy to allow holidays to be counted toward the 40-hour work week. SUGGESTED MOTION I move to approve a revision of the Personnel Policy 3-6 to allow holidays to be counted toward the 40-hour work week. JCB/06/14/2007/9:34 AM r:-"~ CHAPTER 3 - r _ I MARANA COMPENSATION ~/! '\... TOWN Of MARANA Policy 3-6 OVERTIME/COMPENSATORY TIME It is the Town's policy to avoid the necessity of overtime whenever possible, but overtime work may sometimes be necessary to meet emergency situations, seasonal or peak workload requirements of a critical nature. Department heads are responsible for the planning required to minimize the need for overtime. If, in the judgment of a Department Head, work beyond the normal work day or work week is required, the Department Head may authorize such work. This policy shall not contravene the provisions of the Federal Fair Labor Standards Act (FLSA) pertaining to the minimum rate of compensation for employment in excess of an established work period, excluding exempted positions. Section 3-6-1 Nonexempt Employees A. Whenever any nonexempt employee is required to work overtime in excess of 40 hours per week, that person shall be compensated for such excess time at the rate of either: 1. Pay for Service - One and one-half (1-1/2) times the regular rate of pay at which such person is employed; or 2. Compensatory Time Off - One and one-half (1-1/2) hours of compensatory time off for each hour worked in lieu of cash payment. B. The employee shall designate whether he/she desires to use Pay for Service or Compensatory Time Off at the time the overtime is documented by the payroll time sheet. C. "Hours worked" for purposes of calculation of overtime pay shall be defined as time on the job performing a responsible work assignment. D. Time shall begin once the employee is at the work station or at the call origination for emergencies. E. Vacation, sick and other leave shall not be considered time worked and shall be deducted from "hours worked" during overtime calculation for each work week. I R,v;"d, M"y 18, 1999 3 - 14 r6 CHAPTER 3 I" \ MARANA COMPENSATION ~/l"\. TOWN OF MARANA F. The Department Head must specifically authorize the rendering of overtime services. Employees shall obtain such authorization prior to working any overtime if possible. G. Employees who are required by their supervisors to work on a day observed by the Town as a holiday shall be compensated regular time plus holiday pay for the actual hours they are required to work, unless overtime compensation is involved. H. The Town Manager will ensure that all overtime is recorded and that work schedules that will allow all employees full opportunity to use accumulated compensatory time off within reasonable periods of time are developed as delineated under the Town's Compensatory Leave Policy. 1. An employee may accumulate no more than 80 hours of compensatory time. 2. Accumulated compensatory time in excess of that permitted must be used within 60 calendar days from the date the compensatory time is recorded. 3. The Town Manager may make an exception in the accumulated compensatory time as recommended by the Department Head. Section 3-6-2 Exempt Employees The overtime provisions of this policy shall not apply to employees whose positions have been determined to be exempt from the provisions of the Fair Labor Standards Act. The Town Council shall be responsible for these designations, and the Human Resources Department shall maintain a list of exempt employees. I Rev;,w, M', 1&, 1999 3 - 15 Administrative Policy/Directive ADMINISTRATIVE POLICY # 2007- REFERENCE: Non-Compliance of Administrative Policies/Directives In the course of routine Town of Marana business, incidents of noncompliance of the Administrative Policies/Directives may be identified. When these situations occur, they are brought to the attention of the employee's supervisor or Department Head. The incidents of non- compliance are then reviewed and managed in one of several ways, depending on the severity of the non-compliance and the determination as to the willfulness of the offense. For each incident of non-compliance that is identified a plan of correction is documented. There are three categories of non-compliance: general, serious and continuing. 1. General non-compliance: Any deviation from the Town's administrative policies/directives. 2. Serious non-compliance: All non-compliance substantially affecting the health and welfare of employees or impacting the operations of the Town. 3. Continuing Non-Compliance: A pattern of non-compliance that indicates an inability or unwillingness to comply with the regulations or the requirements of Administrative policies/directives. All non-compliance will be brought to the attention of the Department Head. If the general non- compliance is clearly neither serious nor continuing, a verbal warning will be given to the employee to prevent recurrence, then no further action is needed. Serious and continuing non-compliance will result in disciplinary action, up to and including termination. X:\PolicieslAdministrative Policies\Revised 2006-2007 admin policies\non-compliance of policies.doc 6/6/2007 -1 - MINUTES OF SPECIAL SESSION MEETING MARANA MUNICIPAL COMPLEX DATE: May 22, 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 Mayor Vice Mayor Council Member Council Member Council Member Council Member Council Member Present Excused (Arrived at 8:00) Present Present Present Present Present STAFF Mike Reuwsaat Gilbert Davidson Jim DeGrood Frank Cassidy Tim Mattix Town Manager Deputy Town Manager Assistant Town Manager Town A~OJ:l1ey Town Clerk's Office Present Present Present Present Present B. PLEDGE OF ALLEGIANCE AND INVOCATIONIMOMENT OF SILENCE Led by Mayor Honea. C. CALL TO THE PUBLIC Marty Ledvina, ~~ll W. p~~~~ Pipe Road, addressed Council and stated he thought the election was decided. in great Part: the Bobby Sutton issue. He stated after reading about it in the paper he contacteq. a cou member to answer questions. He stated he asked the questio ho authorized the Town attorney to draft the resolution and the contract. He stated Mr. Reu ~t stated it w~ a consensus. He referred to the open meeting law and felt there was a violation under Arizona Revised Statutes. He stated the State Statute doesn't refer to criminal activity nor does the Town Ordinance. He stated he would like the Town attorney to explain to him hoW'J;le justified the resolution on the basis that it was for the peace, health or safety of the community. Barbara Johnson, Director of Public Works, addressed Council and talked about Public Works Week. She stated about 40 years ago a group of people got together to make sure that the members of the public understand what public works is all about. She stated her department works with Brad DeSpain in the Utilities Department, Mike Mencinger in Operations and Maintenance, and Tom Ellis in Parks and Recreation. Those collectively with her department are what are considered Public Works. On Friday, they will have a barbeque to celebrate the Town, staff and work they have done. She showed a presentation on Public Works on the Town. She thanked Council Members Blake and Allen for bringing them all 1 MINUTES OF SPECIAL SESSION MEETING MARANA MUNICIPAL COMPLEX DATE: May 22, 2007 the good feedback from the community and the way they chose to do that which enabled them to make changes so they could better serve the public. Stanley Prenkos, Jr., 8057 W. Greensleeves Way, addressed Council regarding a safety issue. He stated in the past couple weeks they were chip sealing on Silverbell and Twin Peaks. He stated there are still places that were not filled in and pot holes. He stated it is worse than before. He asked if they are going to come back and finish it and when. Mr. Reuwsaat stated they will have the Public Works Department take a look at it. David Morales addressed Council and stated to Council Member McGorray that there was a question last week who said we have nothing to fear, but fear itself. He stated it was FDR. He talked about Memorial Day, the flag, and the Civil War. He read the Gettysburg Address. GENERAL ORDER OF BUSINESS D. ITEMS FOR DISCUSSION/POSSIBLE ACTION 1. Presentation: An update for the 2007 General Plap. Process with a discussion of the Future Town Planning Area (J(evin Kish) Paul Popelka addressed Council regarding their proposed planning area. He introduced a new staff member, CkyReady. He stated what happens beyond our borders in te~~..oflol1g range plannin.g is just as important as what happens within our town borders; ar compatible with them and are they compatible with us. He stated some ons w e should think about expanded planning area is orderly growth. In th of" llence, establishing this area so we do have some say in what may occur t flYing we can track what is happening and gauge theitnpac~C)n.our co unity. The velopment activity of tracking projects that are being prop6seqil1 tho as and how it mayor may not impact the Town; is it going to impact our rQl:l.<:lways, s "es we provide, could we be looking for future (;()n.nections to oU,rwater sysfem and then working with the adjacent jurisdictions. For future annexations, where is it important to grow and where is it feasible to grow. In consi<:l~ring a plam.ling area, it is extending about six miles north of Red Rock, extending west toitm area north of the Ironwood National Monument, extending along our weste111.lJQrders to Trico Road where there is an area that is undeveloped, in contrast witbthe areas to the east and northeast which are pretty well developed. They do not see any program for annexation east of the freeway. They think the looking should be concentrated to the south and west where there is quite a bit of undeveloped land going north and following the Santa Cruz River into Pinal County. The planning area has gone from 154 sq. miles to over 240 in terms oflong range planning. They have been meeting with the citizen commissions. They have sent out invitations to form focus groups for a number of special interest groups which will be forming very shortly. They are in contact with the HOAs to get some publicity in their newsletters. They will be planning on having some open houses this summer and going out to speak to various groups. They are working on updating the different plan 2 _......,-".~""...~...~"'-~".__."""~..~.-'~..,' MINUTES OF SPECIAL SESSION MEETING MARANA MUNICIPAL COMPLEX DATE: May 22, 2007 elements like land use, circulation, and environment. They are working on the project schedule, getting a draft out for review in June, coming back for possibly a joint Council commission in September, and moving on to formal adoption in October or November. Cky Ready addressed Council and showed a website they designed to keep the citizens informed ofthe general plan update process. They wanted people to be able to access the site through several different avenues. Feedback is important so they wanted to have something on the site for this. It will be going to a general plan mailbox where they can print out the comments and take them into consideration. Mr. Reuwsaat stated there are several reasons for th~ plaIUlip.g area. It is about formalizing and bring back some agreements with other entities so we have the ability to more formally place input in their planningproc:ess about the things that will affect us. The 1-10 corridor is where the growth is going to be and we currently have 18 miles there. Pinal Air Park is of considerable concern and could be aoonsiderable benefit to us. Mr. Reuwsaat stated he istal~:j,t1g with$~ate Land as it aff~cts what we are planning. He stated we need to work withPiw.aC6unty Flood Control District and Pinal County Flood Control and look at as devel6pw.ent occurs how it affects properties from Berry Acres down. It is an important.c:onsideration in terms of what the effects of development are and where is the water-going to go. He stated we need to continue to work relationshipswithtb~ other entitiess()that as things occur around us that affect us or things occur irrthe future tb~t we might have a part of that we have the relationships formalized so we can oontinueto plan and be a part of the process. 2. ResolutiollNo. 2007...~~; Relating to Elections: declaring and adopting the results Qfthegeneral election held on May 15, 2007 (Frank Cassidy) Mr. Cassidy addressed Council and stated this item is approving the canvass of the election. actual ~l~ction resolution incorporates the numbers provided by the County Dl n of Elections. Upon motion byCouncillyfember McGorray, seconded by Council Member edo, Resolution No. 2007-85 was unanimously approved. 3. PresentatiQn to Qutgoing Council Members. David Gol in, 2200 E. River Rd, President of Diamond Ventures, addressed Council and wanted to pay tribute to Jim Blake and Bob Allen for their outstanding service to the Town. He stated their company has developed several projects in Marana including Continental Reserve, Ironwood Reserve and the Northwest Medical Center building. He stated he will continue to partner with the Town as it continues to grow and prosper. Ed Stolmaker, President and CEO of Marana Chamber of Commerce, addressed Council and thanked Jim Blake and Bob Allen for their vision, their leadership and direction to make the Town of Marana a great place to live, work and play. He 3 MINUTES OF SPECIAL SESSION MEETING MARANA MUNICIPAL COMPLEX DATE: May 22, 2007 expressed thanks for the support of the Chamber and stated with the growth of the Town the Chamber has grown, as well. He stated he is looking forward to working with Russell and Roxanne in the future. Mr. Reuwsaat stated that in a very short period oftime the progress and the growth that has been made in the Town have been spectacular. He stated he appreciated and respected working with Council Members Blake and Allen. He congratulated the new members. Gilbert Davidson addressed Council and gave his thanks for Council Members Blake and Allen's support, encouragement and friendship. He wished them the best ofluck. Jim DeGrood addressed Council and stated he appreciated the support given and looked forward to working with the new members. Greg Wexler, 6088 W. Arizona Pavilions/Drive, Continental Ranch Development, addressed Council and thanked Mr. Allel1fot.comingi"n, in a turbulent time and helping the Council move forward. He thankedMr. Allen for his hard work from the Planning and Zoning Commission to filling the <001Jl1cil position when they needed him. He wished luck to the new members. Amber Smith addressed Council and thanked Council Members Blake and Allen for their service. She stated they have brought int~gpty, honesty, creativity and hard work in showing the spirit of how a public and private partnership work. She stated she hoped they rema.ina~tive in the community. Council Memb;er McGotl'tlry stated it was her pleasure to work with Council Members Allen and Blake. C()tlncil Member EscObedo thankedCouncil Members Allen and Blake and stated the community continti~J~grow positively with the decisions they have made. He thanked them assisting with the Community Food Bank, Miracle in Marana and other non-profits. Coum::i.l Member Comerford stated she appreciated the many parks, the roads, the miles Of~~a.ils that have been developed and the years of hard work and planning of Council Members Allen and Blake. Mayor Honea made a presentation and gave awards to Bob Allen and Jim Blake. 4. Administration of Oaths of Office and Certificates of Election (Frank Cassidy) Reverend Glenn Bartow from Casa Adobes Baptist Church administered oath of office for Mayor Honea, Russell Clanagan and Roxanne Ziegler. 4 MINUTES OF SPECIAL SESSION MEETING MARANA MUNICIPAL COMPLEX DATE: May 22, 2007 Mr. Clanagan addressed Council and stated he pledges to work with each of the other council members to make the citizens of Marana proud of the accomplishments of their elected officials. He stated he decided to run for council because public debate is important on critical issues. It is because elected officials have an obligation to work for the betterment of the community and not special interests. Roxanne Ziegler thanked everyone for their support. She stated she hoped with the new council that more people could be involved and support council. E. ADJOURNMENT Upon motion by Council Member Escobedo, seconded Council voted unanimously to adjourn. Member Comerford, CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the meeting held on May 22, 2007. I further certify that a qUofp.m was present. Council Jocelyn C. Bronson, Town Clerk 5 ,_...............,._......".."""'>..""~"".,""""""""'_'''"~I''''''''.,.."'''..,,;..."~~~.,...,,.,.,",w"',"",,,.'~', MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: May 31,2007 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 Russell Clanagan Patti Comerford Tim Escobedo Carol McGorray Roxanne Ziegler Mayor Vice Mayor Council Member Council Member Council Member Council Member Council Member Present Excused Present Present Present Present Present STAFF Mike Reuwsaat Gilbert Davidson Jim DeGrood Frank Cassidy Jocelyn Bronson Erik Montague Town Manager Deputy Town Manager Assistant Town Manager Town Att<>rn.ey Town Clerk Finance Director Present Present Present Present Present Present B. PLEDGE OF ALLEGIANCE AND INVOCATIONIMOMENT OF SILENCE Led by Mayor Honea C. CALL TO THE PUBLIC GENERAL ORDER OF BUSINESS D. ITEMS FOR DISCUSSION/POSSIBLE ACTION 1. Selecti~g..of Vice May()r (Jocelyn Bronson) Mayor Hotl~~ maintaining t that he talked with Vice Mayor Kai and he is interested in tion. Upon motion by Council Member Clanagan, seconded by Council Member McGorray it was unanimously approved to retain Vice Mayor Kai in his position. 2. Regarding the FY 2008 Budget: Presentation and discussion of the FY 2008 Capital Improvement Plan (Erik Montague) Mr. Montague addressed Council and stated the overall focus of the slides he was showing deal with some ofthe major projects and programs within the individual departments. The CIP process for this current funding cycle began in October with the 1 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: May 31, 2007 Council retreat and session associated with that in identifying priorities of the town with respect to those needs as identified by town citizens. The kickoff they had in January, early February, requested all of the CIP projects be evaluated and submitted by March 16th. Based on all of those submissions, considering those objectives and overall goals and priorities, they identified and prioritized the projects. Based on those evaluations funding mechanisms were identified and much effort was made to identify within the funding cycle for CIP and remove as many of the non-CIP items as possible. A defined CIP program has been spearheaded by the Public Works Department. It will increase the opportunity for increased public participation, aswell as the overall committee making recommendations and identifying those programs and projects that need to be funded. As a result of that process, the vision is to develop a funded multi-year plan. With CIP projects, their overall goal was to incorporate those significant items that cost over a $100,000 or more and had a projected minimum life offive years. They (management) have tried to remove some of the items that are study related for this funding cycle. For the Town Clerk there is a document imagingprojectthat is a continuation of an existing project for the electronic imaging/storage of town records. The funding for the year is currently budgeted at $150,000. Mr. Mongtague stated he believed that after this funding cycle that project will be complete. The source fortP,at plan is our general fund revenues. For the Finance Department the one item that was submitted CIP related has to do with an accounting and information management software system. The overall intent is to acquire a comprehensive integrative software solutjon or application. Currently, we are utilizing Fund.Balancewhich is a Tyler Technology. As the town.has~()wn in population, the number of transactions and the nature of transactions, the existing financial management system, fund balance, is really inadequate in many aI"eas with respect to financjal reporting, managing data and processing those transactions. The. approach on this projeCt is the comprehensive town-wide approach. They will haveanopportunjty~ith the software system to look at an accounts payable/generalledg~ system,<but also Human Resources and business licensing, as well as tying into some existing systems and work lines with some of the other software we have, as well as utility billing or the water department. As the town grows and the transactions get more complex, there is an increased need for a large solution. This will provide funding to search for that solution. The funding has been identified as $325,000 out of the general fund. We anticipate a request for proposal process the first quarter of 2008 with the selection going to a formal committee with members of various departments participating in that particular evaluation ofthat software program and make recommendation and then some form of implementation the third and fourth quarter of the fiscal year. One of the CIP projects submitted by Community Development was the Honea Heights neighborhood redevelopment. The overall goal for that project is neighborhood infrastructure, roadways, sidewalks, drainage and sewer systems. The funding for that has been identified at $1 million - anticipated to be some form of grant funds. For Operations and Maintenance the largest thing is for vehicle replacement. This is a normal reoccurring item. This item is for acquisition of replacement vehicles as they've aged, milled out or reached their peak mileage. The general fund is the source of 2 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: May 31, 2007 funding for that. A new project for Operations apd Maintenance is landscape of Silverbell Road from Cortaro to Twin Peaks Road at a cost of $250,000. The funding source is the transportation fund. Mr. Reuwsaat stated they expect to do this in several years and it is not only landscaping, but it is replacing of the irrigation system. He stated a lot of the landscaping is gone because the irrigation system is not functional. He stated the time line would be three to four years. Mr. Montague stated the Land Development Code in Planning and Zoning is a carryover project. It updates the zoning subdivisions and related chapters of that particular document and as identified within the plan is $100,000. That does include projected carry over. That project would be completed in this fiscal ye~. In Public Works, a priority project is Silverbell Road, Cortaro to Ina. That is c9nstructing a five lane roadway, median turn lanes and major drainage improvements. $16.4 million ist1W funding requested for this project. The source of the funding is $6, 445,000 in PAG/RTA monies. Staff has identified a WIF A (Water Infrastructur~l'in<.mcing Authority) loan. Certain improvements or structures within the project have been identified as potentially fundable or to be included as a WIF A eligible project. Public WO~l,(s has made application to WIF A. He stated they are scheduleqfo une 6th for contmued review of that application. They have identified $10 million intu g.~.urrent1y as the.flpplication stands it is $11.1 million. That funding is preliminary and subject to WIF A approval. If certain items with the $11.1 million are not able to be. funded theybaye identified a contingency plan to fully fund the projecfwith MPC (Mun;.cipal Planning or Property Corporation). In the case that WIF A funding iSll.'t as high as anticipated, based on documentation it would be selected to go to bid the first quarter of 2008. One oftbe lJlajor projectsfdrPublicWprksis the Linda Vista/Twin Peaks interchange. The tunding fot this projectis roughly $30.6 million. Upwards of $14 million is set aside for right of way a.. uisition$iand relocations. Based on the schedules in working with ADOT it is sched to go tobi4 the third quarter of 2008 with construction starting in thef~J.lrth quarter. Tbe source for the 30.6 million has been identified as almost $9 million in impact fees. Those are existing impact fees in the south transportation benefit area. P RT A funding for this funding year is $9.5 million. Within the program they have iden fieq funding in the help loan of$3.8 million. The rest ofthe funding comes from a combinatiql1.of federal and state participation. There has been a series of prior existing and hopefully future federal earmarks to provide funding for this particular program or project. The state funding in accordance with the agreement we have their maximum contribution over the life of the project is $14 million. Construction is projected to finish early 2009/2010. Mr. Montague stated another significant project for Public Works is Camino de Manana/Dove Mountain extension. That particular program is the design, right of way acquisition and construction ofthe four lane divided highway. CIP requested funding is roughly $6.8 million. The total projected cost based on those estimates is $20.8 million. 3 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: May 31,2007 The funding has been identified at $2.8 million in P AG/RT A funds, a half cent sales tax at $3.5 million and transportation funding of $500,000 to fully fund the project for this year. The funding for this year is anticipated to be utilized for completion of design and right of way acquisition with construction starting early in the next fiscal year. One ofthe other significant items is the Honea Heights road and sewer improvements. This project for this year has been combined with some of the responsibilities that have shifted to Public Works. They have combined both projects. The overall project is intended to allow a connection to a sanitary sewer, as well as reconstruct existing roadways within that subdivision with the addition of sidewalks, etc. Current year funding requested is $1.6 million with the total project cost estimate within the plan at roughly $3.3 million. The sources of funding are $650,000 within the general fuI1d and Public Works has identified some potential with either the state or county development funds of $900,000. That will allow the project to continue through 2008. Another major project is the Thomydale/OrangeGrove improvements. This is to reconstruct Thomydale to six lanes from Orange Grove to the CDO including the intersection at Orange Grove. The funding request is roughly $12.9 million. The total cost is projected to be $16.3 million. For the $12.9 million funding request help loan funds have been identified. That is the spending of existing resources. We already have the benefit of those funds. The remaining portion has been identified from the transportation fund. Mr. Reuwsaat stated when we get a help loan. what staff has been able to do is to access funding each year, five years out, future funding through P AG to repay these loans. Mr. Montague stated the Tangerine Farms Road improvements are the construction of Tangerine Road from 1-10 forward. This improvement district was established for the purpose of completing thatconstruction. Debt was issued in December, 2006. The fundingr~ uested for thisyearistou.ghly$18.5 million. That figure includes roughly $17 million irit enditure of reserves, bond proceeds that are available to the town. A half cent sales . .$1.5 million to fund the project. Mt~~~~wsaat stated ..~~ half cent sales tax when we collected for a year we collected roughly $5 million. $3.~ was used on Camino de Manana and the other $1.5 on this project. ce we're no longer collecting that in the RTA that is a fund that is going to be zeroed outtl~ year and use for those two projects. Mayor Honea stated we spent a million dollars to expand Cortaro on each side with the half cent sales tax. Mr. Montague stated the next significant item is Twin Peaks Road. This is the construction of a four lane divided road from Saguaro Springs development to Silverbel1. This project is roughly $3.1 million. That includes the completion of design, as well as planned right of way acquisition. This project is part of a proposed CFD within the Saguaro Spring development. This funding is contingent upon the formation and financing associated with that. The total estimated project cost is $31.8 million. 4 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: May 31, 2007 Ms. Johnson stated that the timeline for completion would depend on when they get funding; it would take approximately 14 months once they have the design. The design will take approximately a year. Mr. Reuwsaat stated the $3.1 million is $1.1 million for the construction documents and $2 million for the right of way. Staff recently met with the White Stallion Ranch because they hold most of the right of way we need and the right of way is not that much for the road, but because ofthe drainage over 30 acres is going to need to collect the water to go underneath. Pima County has been asked to participate, but since there is no development activity in White Stallion Ranch they cannot participate. They will be having an IGA come to Council. One of the other sources of funding that was just approved by the R T A is a wild life study to determine the kind of wildlife cO@1ections underneath the road. Once the study is done and find out the cost to go to the R T A to help fund the wildlife linkages. In year three once we have the right ofwa.yacquired and cQnstruction documents, that's when in the previous discussion have obligated the Saguaro Springs development to $7.8 million of the construction funds for that project. Mr. Montague stated there are a series of items feq;Uested related to technology. A televising of council meetings and allowing for some web streaming capability. This funding request of $146,000 is for the installation of ca:tneras and related equipment necessary to provide televising couo.pil meetings including web streaming. Additionally, there is funding included to provide for some of the clerk's items related to that, as well. The source of this funding is the general fund. Council Member Ziegler 8$ked what the result of the survey on the website was. She stated she didn't think we~~ed to spend $150,000 for televised council meetings. Mr. Reuwsaat statedit was 00 ..percent for. He stated it can be brought back for council review and action. Mr. Montaguesta*~ the next' em for information technology is the police department 1110bile data terminals (MDT eoriginal request was for 50 of these mobile data tefupip.als, comprised.9f a computer, related mounts necessary for connectivity, as well as antennas. This funding request has been scaled back from the original 50 to 35. The funding 18$310,000 inpludes the cost of acquisition, as well as first year costs associated with maint ce, aircards, etc. The source of funding is the general fund. Additional units have b pl(\ljfued for future years for the addition of three planned units per year for the next several years. Mr. Reuwsaat stated the MDT system that we had didn't work and the officers weren't using it when we had the system because of the connections and so forth. By meeting with the officers it was decided to not use the system at all, take the time to find a MDT that works for them so we don't go through the issues we had with the old system. Council Member Ziegler asked if a source has been identified for the MDTs and are they going to be leased or bought, is there a time frame when we can use them and see if it is what we need. 5 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: May 31,2007 Chief Vidaurri stated they have been working closely with the IT department. As far as an identified MDT that we will be utilizing that is yet to be determined. There are a number of vendors on the market. There is still a lot of research to be done. The main concern is that when we do it this time we do it right. Council Member Ziegler asked what the time line for getting them operational would be. Chief Vidaurri stated in discussion with the IT department we are talking second or third quarter ofthis fiscal year. Council Member Clanagan stated the technology has been in place for almost twenty years and asked what the issues were with the previous system that made it non-useable. Mr. Casella stated the old system was put together by a consultant utilizing three different vendors for not only the software, but also the MDTs and for the infrastructure. None of these vendors worked together. The system never worked well. There were some issues with one of the companies not performing. When the MDTs were retired a survey was sent to every officer asking them what was it about these systems you didn't like, what did you like and what do you want to see in the new ones and all the information was compiled. Typically the successful implementations are systems like a laptop Panasonic, Motorola unit. These systems were not like that. Tlley constantly had docking problems. They were very heavy and not reliable at all. What w<;,:are looking at now is a traditional type of MDT, traditionaL connectivity with traditional software. Council Member Glanagan stated it is critical that the unit is transportable from one car to another. Mr. Casella stated there isllard mount solutions, three piece units and there is the laptops and what it call1edown to was not only for that reason, but serviceability. When we are 1;1'()llbleshooting these units we'1Lbe able to have a few spare units on the shelf, take it out,;;ij1d drop anothel,"<loe in. Mr. Mo e stated related to MDT program is the CAD (Computer Aided Dispatch) records m stem software, basically upgrading application. The funding request for t as $250,000. What this will do is allow for the level of connectivity for the MDTs ork within the system. Associated with that is various software licensing requirements, in addition to just hardware costs this funding request would allow that connectivity in the network. He stated in Parks and Recreation there are some significant projects. The Marana Heritage and Culture Park, the funding request for this project was $650,000. Within that request they have identified Pima County Bond Funds. This is a continuation of architectural and civil design for the construction of certain structures surrounding the park. 6 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: May 31, 2007 Mr. Reuwsaat stated this is to get the utilities, the site design, engineering so the financing can be provided to build the cotton gin on that property. Our portion of the project is to do the site. Mr. Montague stated one of the other major projects is the BOR (Bureau of Reclamation) sports park. That's for the development of a 500 acre planned park along A vra Valley Road with multiple baseball, soccer fields, and other special event areas. The funding request for this year was $460,000. The identified source for this project is the park impact fees. The master plan documents with construction for thllt park beginning in 2009 through 2012 in various phases. Mr. Reuwsaat stated we are have requested $17 million for this project through the 2008 bond issue which is about 40% of the total cost. Having this project on the BOR site makes it eligible for 50% funding for capital infrastfll.cture on the site. Mr. Montague stated the first request from the water department dealt with the northwest CAP treatment and delivery. The fundingrequ~st was $140,000 to provide for the treatment and delivery of CAP water. The sourCe is fOFthat is renewable resource impact fees. A new project within the request documentation is for the installation of an eight inch water main from Saguaro Springs to La Porta inter<:pnnect. The funding request was $250,000. The source for that are our wat(;::r impact fees. The third request is a water main line. This is for the construction, design pl~..easements related to a 24 inch water main line from the airport along Sanders Road to Marana.~oad. The funding request was $100,000. Many of the projects associated with the airport have been funded by grants. A large source is FederalAviation Grants through the FAA. Those allow for a 95% federally funded portion. In. addition, they have identified a state match component. The local match requirement is roughly two an&llalfpercent of the total project costs. State aviation grants area~!gnifi<:ant resource. Those are 90/1 0 with 90 percent state funded and a local match att~npercent. Anew pJioJect of construction oftaxiway K is the design andconstruction.pf a taxiway between C and A to allow for a bypass to the new hanger a.Jiea which wouldpfOvideaccess to future development on the outward portion of the airport. The funding request is $1;3 million and of that $1.2 is through the FAA grant, the AOpT grant which i~}~pe 2.5 % cash match is $33,000 and then the general fund portion willbe$~3,000. The funding mechanism to provide for the cash match is an operating transfefflTom the general fund to the water fund for the $33,000. The second project is the 2008 security fence. This is a continuation of an existing project in a different area ofthe airport. This iS~ll~c(mstruction of a security fence on the eastern portion. The funding request is $300,000 and ofthat there is a state grant of $270,000. The general fund based on the ten percent match is $30,000. The third project is the bypass apron. This is to construct a bypass apron on taxiway A. Currently there is a potential issue with aircraft traveling in opposite directions and head to head avoidance. This will provide additional safety to avoid head to head collisions. $844,000 was requested and of that $760,000 has been identified in state grant and the general fund portion $84,000. Mr. Reuwsaat stated we received notice that the auction is set for the 90 acres on the southeast side of the airport for August 9th. They will be coming to Council in Executive 7 ,.____"",_~"",...~.__...~......'v..,...":_"..o..~_H~_.."'..~~___'''''''''_'"'"'''''_'~'''~''''''''_ MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: May 31, 2007 Session for approval to set bidding parameters. He stated we have been working with the FBO on a manufacturing cluster at the airport. Mr. Montague stated in summary for the preliminary funding requests for the 2008 CIP program it is $128 million. In comparison with what the request was the year before it represents a $27.6 million increase. Council Member Escobedo stated there were two projects not mentioned. One was Marana Vista Estates, the sidewalks and lights in that neighborh()od. The other project is Breakers Water Park Road. Mr. Reuwsaat stated project 2006-003 is Marana Estates and they are recommending a million dollars this year. $630,000 to come from gene1"al fund and tJ.1e $370,000 is coming from the neighborhood re-investment. Th(\t includes all the$~<iewalks and lights for the neighborhood. He stated they are still working with BreakersWater Park. Some of the owners have declined to quick claim us..tJ.1<;: right of way. It is a private.road now. We have asked the property owners give us thengnt()fway before coming to Council to spend a million in probably construction sales tax to rebuild that road. They also have a 404 issue and that could take time in resolving. TheiI] <:;xpectation is the property owner should provide the right of way without the town haviijgto condemn or purchase it. Council Member Escobedo asked on theMDTs if the 35 will all be on the road or if there will be extra ones. Lt. Ashcraft stated that 35 include 15 for.two shifts and two or three for detectives and approximatelYJiwO on the sbelves. Mr. Reuwsaat state<i.for three years they have been arguing over the value of the land at the airport. The stateth~~gnt itwa.$wo.$80,000. He stated we got three consecutive appraisalstb(\t~d $13,000 to $14,000. The minimum asking price is about $1.3 million for the 90 acres. COU1)~il Member Zieg1~r stated we have a fund of almost $40 million in reserve and asked!f 25 percent oftbe budget was correct. Mr. Montagyestated.the policy has to do with a general fund balance component. The projected furid~(\lance at the end of this year is roughly $14 million. They have identified within the policY-that the target at the end of a funding cycle that their target minimum balance is 25 percent of ongoing revenues for that particular year. Within this plan utilizing $4 million within the CIP they are projecting roughly a $3.5 million dip that will get us around $11 million. That is 33 percent which exceeds the 25 percent minimum threshold in the general fund. Mr. Reuwsaat stated the total amount of funds in reserve were roughly $50 million. All the impact fees are put into reserve funds for specific projects and are restricted to those and so a lot of that total reserve fund will be reduced to pay for projects we promised the public. 8 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: May 31, 2007 Council Member Ziegler stated it is good to be financially secure, but there is a time when we really need to get something, make people do their job better, and retain people. She stated she would rather retain people and assets we have. Mr. Montague stated that the reserve policy was intended primarily for the general fund. The revenues and resources received to the town the overall intent is to be utilized for some public good, some major public infrastructure. Council Member Clanagan asked about incorporating the cost oflaw enforcement into the projects to ensure the safe movement of traffic, as well as the safety ofthe workers in the projects. Ms. Johnson stated on each one ofthese projects included in the component that is called construction is the traffic/safety plan which includes dollars to pay for police officers to handle traffic. Mr. Reuwsaat stated that the total dollar amounfincludes the direct staff costs of our Public Works Department to do those projects. Theyar~ allocating direct costs only. E. ADJOURNMENT Upon motion by Council Member Esepbedo, seconded by Council Member McGorray, Council voted unanimously to adjourn. CERTIFICATION I hereby certify that the foregoing are the true andeprrect minutes of the Marana Town Council meeting held 31, 2007. I furtherceJ:l:ify~hat a quorum was present. J ocel yn onson, Town 9 TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: June 19,2007 AGENDA ITEM: J. 1 TO: MAYOR AND COUNCIL FROM: Jocelyn C. Bronson, Town Clerk SUBJECT: Resolution No. 2007-113: Relating to Mayor and Council; authorizing the cancellation of the July 3, 2007 regular meeting DISCUSSION Pursuant to Chapter 2, Mayor and Council, section 2-4-1, the Council may change the date of a meeting which falls on a holiday or election day, or convene a regular or special meeting as necessary. Council has elected to cancel the July 3,2007 meeting, the day before Independence Day to allow citizens to more fully enjoy the holiday with their families. The next regular meeting will be July 17, 2007. RECOMMENDATION Mayor and Council's pleasure. SUGGESTED MOTION I move to approve Resolution No. 2007-113. MARANA RESOLUTION NO. 2007-113 RELATING TO MAYOR AND COUNCIL; AUTHORIZING THE CANCELLATION OF THE JULY 3, 2007 REGULAR MEETING. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. The Town Code Title 2 (Mayor and Council), chapter 2-4-1 (A) relating to Council Procedure, permits, with adequate notice to the public, changing the date of a regular meeting. SECTION 2. The date of the first regular Council meeting in July, 2007 falls the day before Independence Day. To allow citizens and their families the opportunity to celebrate the holiday more fully, the next regular Council meeting will be held Tuesday, July 17, 2007. SECTION 3. It is in the best interests of the citizens of Marana to change the date of the second regular meeting to July 17,2007. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 19th day of June, 2007. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney JCB/6/14/2007/9:23:04 AM TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: June 19, 2007 AGENDA ITEM: J. 2 TO: MAYOR AND COUNCIL FROM: Kevin Kish, Planning Director SUBJECT: Resolution No. 2007-114: Relating to Development; ratifying design recommendation for the development known as Heinfeld Silverbell & Wade Retail. DISCUSSION ReQuest for Ratification Architectural Design Group Inc., on behalf of CJR Investments, L.L.C., requests ratification of the design review for Heinfeld Silverbell & Wade Retail. Location The project is located on a 1.78 - acre parcel in Continental Ranch generally located on the west side of Silverbell Road, north of the intersection of Silverbell and Wade Road (Adjacent to the Northwest Medical Center). Silverbell Road Corridor Overlay District (S.R.C.O.D.) Desie:n Review Committee The site and building design was reviewed by the Silverbell Road Corridor Overlay District Manager's Design Review Committee on May 22, 2007 and voted unanimously to recommend approval for the design of the Heinfeld Silverbell & Wade Retail development. Proiect The proposed Heinfeld Silverbell & Wade Retail development is approximately 14,740 square feet, with 4,600 square feet for a restaurant and 10,140 square feet for retail use. Buildine: Desie:n The building will be comprised of stucco texture over wood frame. The building's architectural elements include rounded canopies supported by stone veneer columns at the ends and center of the building to break up the square appearance of the fa<;ade. Blue metal awnings will be provided over the windows and the doors at the rear of the building to help with solar control and to add an accent to the color palette. The walls at the rear and sides are recessed in certain areas to create a pattern to add visual interest to wall spans. The rear will also have varying colors at stucco control joints to add dimension to the wall. Landscaped parking is located on the sides and front of the development. Heinfeld Silverbell-Wade Retail SRCOD Design Review DPR-06l42 '__"_"_,"'_"i~","","~.-""........"",""_...._,~_~,......,_ Staff reviewed the proposed design review application and finds it complies with all applicable design, development and performance standards and guidelines as required by the Silverbell Road Corridor Overlay District. ATTACHMENTS Summary application, site map, development plan, landscape plan, floor plan/exterior elevations, color board and site wall detail. RECOMMENDATION: Staff forwards Resolution No. 2007-114, ratifying design recommendation for the development known as Heinfeld Silverbell & Wade Retail. SUGGESTED MOTION I move to approve Resolution No. 2007-114. -2- Heinfeld Silverbell-Wade Retail SRCOD Design Review DPR-06l42 MARANA RESOLUTION NO. 2007-114 RELATING TO DEVELOPMENT; RATIFYING DESIGN RECOMMENDATION FOR THE DEVELOPMENT KNOWN AS HEINFELD SILVERBELL & WADE RETAIL WHEREAS, the Town of Marana approved and adopted the overlay district for the Silverbell Road Corridor Overlay District on December 16, 2003 (Ordinance No. 2003.27), located within the corporate boundaries ofthe Town of Marana, Arizona; and WHEREAS, CJR Investments LLC, the owner of approximately 1.78 acres in Continental Ranch generally located on the west side of Silverbell Road, north of the intersection of Silverbell Road and Wade Road (adjacent to the Northwest Medical Center); located within the Silverbell Road Corridor Overlay District, has applied to the Town of Marana for design review approval for a restaurant and retail center; and WHEREAS, the Manager's Design Review Committee met on May 22, 2007, and recommended approval of the design for Heinfeld Silverbell and Wade Retail; and WHEREAS, the Mayor and Council have considered the application at the regular Town Council meeting held June 19, 2007, and has determined that the recommendation by the Silverbell Road Corridor Overlay District Manager's Design Review Committee for Silverbell Office/Retail should be ratified. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the recommendation of the Manager's Design Review Committee regarding the design for Heinfeld Silverbell and Wade Retail, submitted by Architectural Design Group, Inc., is hereby ratified. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 19th day of June, 2007. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney ,_....,..~~...~,,~-"",.._----''';",....,.,"'''",_......,,''''''''''',,_...''''''''.,.."''''''''...~,.~~--".. The Heinfeld Silverbell &W ade Retail Planning & Zoning Application and Development Plan are on file and available for viewing from 8:00 a.m. to 5:00 p.m. Monday through Friday excluding holidays, at the office of the Town Clerk, 11555 W. Civic Center Drive, Marana, AZ 85653. TOWN COUNCIL MEETING INFORMATION MEETING DATE: TOWN OF MARANA June 19,2007 AGENDA ITEM: K. 1 TO: MAYOR AND COUNCIL FROM: Jocelyn C. Bronson, Town Clerk SUBJECT: Resolution No. 2007-115: Relating to Boards, Commissions and Committees; appointments to the Planning & Zoning Commission, Business and Economic Development Commission and the Board of Adjustment DISCUSSION Currently, there is one vacancy on the Board of Adjustment with a term set to expires February 1, 2010, one vacancy on the Business and Economic Development Citizen Advisory Commission with a term to expire February 1, 2011, and four seats on the Planning & Zoning Commission that will expire in June of this year. Pursuant to Council procedure, the vacancies were posted on the town's website on May 30, 2007. The posting period ended June 13,2007, at which time all applications were forwarded to the Manager's Review Committee. The Review Committee determined that the eligibility requirements were met and forwarded the list of candidates to the Town Manager. The Town Manager provided to the Mayor and Council (by separate cover) the list of candidates and support materials to the Council for review prior to tonight's meeting. At tonight's meeting, the Council can request that the candidates be available for interviews at a time determined by the Mayor and Council, 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 Council's pleasure. SUGGESTED MOTION I move to approve the appointment/reappointment (as appropriate) of Planning & Zoning Commission for the term ending June 30,2011. to the JCB/06/14/2007/8:37 AM .. I move to approve the appointment of to the Business and Economic Development Citizen Advisory Commission for the term ending February 1,2011 . I move to approve the appointment of term ending February 1, 2010. to the Board of Adjustment for the -2- ---""""'----"""""'''''''''....,.............."'''''""',..,'~,. MARANA RESOLUTION NO. 2007-115 RELATING TO BOARDS, COMMISSIONS AND COMMITTEES; APPOINTMENTS TO THE PLANNING & ZONING COMMISSION, BUSINESS AND ECONOMIC DEVELOPMENT COMMISSION AND THE BOARD OF ADJUSTMENT. WHEREAS, Chapter 2-6 of the Marana Town Code gives authority to the Council to create special boards, commissions and committees; and WHEREAS, there exists on the Planning & Zoning Commission four seats set to expire June 30, 2007; and WHEREAS, there exists one vacancy on the Board of Adjustment set to expire February 1,2010; and WHEREAS, there exists one vacancy on the Business and Economic Development Citizen Advisory Commission one seat set to expire February 1, 2011. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: 1. That be appointed to the Planning & Zoning Commission with a term to expire June 30, 2011. 2. That be appointed to the Planning & Zoning Commission with a term to expire June 30,2011. 3. That and be re-appointed to the Planning & Zoning Commission with terms to expire June 30, 2011. 4. That be appointed to the Board of Adjustment with a term to expire February 1, 2010. 5. That be appointed to the Business and Economic Development Citizen Advisory Commission with a term to expire on February 1, 2011. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 19th day of June, 2007. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00000034.DOC I} - 2 - TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: June 19,2007 AGENDA ITEM: L.1 TO: MAYOR AND COUNCIL FROM: Michael A. Reuwsaat, Town Manager SUBJECT: State Le2islative 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 Letter dated May 30, 2007 regarding HB 2780; Legislative Bulletin, Issue 23; June 4, 2007 letter from the Governor to the Hon. Jim Weiers re HB 2780. RECOMMENDATION Upon the request of Council, staff will be pleased to provide recommendations on specific legislative issues. SUGGESTED MOTION None required. JCB/06/14/2007/9:46 AM May 30, 2007 The Honorable Janet Napolitano Governor of Arizona 1700 West Washington Street Phoenix, Arizona 85007 Re: HB 2780 - noncontiguous county island fire districts Dear Governor Napolitano: The League of Arizona Cities and Towns requests that you veto House Bill 2780 because of its inherent inequity in addressing the provision of fire service to county island residents. First and foremost, I want to emphasize to you that we are not against finding a solution to provide fire service to county island residents. In fact, the League began working prior to the session to develop a consensus bill that met the needs of county island residents as well as cities and towns. However, we cannot support HB 2780 because it contains unfair and lopsided mandates on cities that should be more properly borne by other governmental entities. The following points represent our deepest concerns with the bill as it passed out ofthe Legislature: · As you correctly made clear in your May 24, 2007 letter to Maricopa County Board of Supervisors Chairman Fulton Brock, the "responsibility for the health and safety oflands within Maricopa County lies with the Maricopa County Board of Supervisors." This bill places no responsibility on the county to provide or support any kind of fire service to their county residents. Despite repeated attempts to amend the bill to the contrary, the County does not even bear the initial startup costs of providing service; it only covers the cost of the district election. Instead, the mandate falls on the cities alone to provide service to those who, by their own choosing, are not city residents. · Providing service outside the city may cause degradation to the quality/response time within the city. Additionally, county island residents will not have the same response time because of inadequate streets, hydrants, stations, etc., in the unincorporated areas. · HB 2780 requires cities and towns in Maricopa County to provide fire service to county island residents but, as mentioned above, 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. · 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. The Honorable)llcnet Napolitano -::;::;:;:-May 30, 2001-_uu- Page 2 ---- · 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 12-month notice required in the new amendment). · A change in the definition of "non-contiguous county island" now draws in virtually every city and town in Maricopa County, far beyond the scope the bill sponsors said they were concerned about. It is important to point out that we tried to fmd an equitable solution to this problem since prior to the beginning of session. We crafted a bill that Senator Tibshraeny sponsored (Senate Bill 1556) that provided a voluntary mechanism for county island residents to obtain fire service by creating non-contiguous county island fire districts without placing an unfair mandate on the cities. No one from any county island area opposed the bill and, in fact, local newspapers supported the bill as a win-win for all parties. The bill passed easily out of the Senate 24-5-1. The House refused to even hear the bill in committee. Once we realized HB 2780 was going to be the vehicle for the county island fire issue in this session, we repeatedly met with the sponsors to offer amendments to address the bill's inequities. While a few minor changes were made, the bill still places the ultimate responsibility for providing and paying for fire service to county residents on the surrounding city. The geographic disparity of the cities within Maricopa County underscores how a "one size fits all" mandate does not work. Gilbert has many county islands that the sponsors want the town to cover, which was the original focus of the bill. On the other hand, the City of Glendale has one county island that is enormous in size; the city simply cannot put infrastructure in place quickly to provide fire service. The one-size mandate the bill's sponsors envisioned simply do not work Valley-wide. Indeed, the provisions may be outright dangerous to city residents. While we ask for this veto, we also want to reiterate our ongoing efforts to provide an equitable solution, a solution which we believe was nearly within our grasp. An issue of this importance warrants a special session. We would support such a session provided that members understood that any bill that emerges from the Legislature should provide a mechanism for county island residents to create non-contiguous fire districts, allow cities, private providers or other districts to contract for fire service, avoid placing a service mandate on cities to provide fire service and require Maricopa County to assume their proper role in helping finance the provision of fire services to county residents. For all these reasons, we request you veto HB 2780. Sincerely, Ken Strobeck Executive Director League of Arizona Cities AND Towns Deadline for Resolutions to be submitted to the League for consideration at the Annual Conference. Resolutions Committee Meeting at the Annual Conference in Scottsdale at the Princess Hotel. Please remember that resolutions must be properly formatted and have at least two sponsoring municipalities to be correctly submitted. Please contact Cheyenne at cwalsh(li)azleague.org or 602-258-5786 with any questions or concerns. IN THIS ISSUE Fire Service Mandate Now Law . . . . . . . . . . . . . . . .. I Resolutions Reminder . . . . . .. I Budget Update . . . . . . . . . . . . . 2 The Weekly Spotlight Speaker Of The House James Weiers .. . . . . . . . . . . . . 2 Attachments: I. Enactment Letter UB 2780 Legislative Bulletin is published by the League of Arizona Cities and Towns. Forward your conunents 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 23, June 8, 2007 FIRE SERVICE MANDATE NOW LAW Governor Janet Napolitano has allowed the fire service mandate bill to go into effect without her signature. House Bill 2780 mandates that Maricopa County cities provide fire service to the county islands that form noncontiguous county island fire districts within their municipal boundaries if a voluntary contract cannot be executed. The bill has a general effective date which is 90 days after the Legislature adjourns for the year. The Legislature remains in session, so the general effective date remains undetermined. A copy of the Governor's letter explaining her actions is attached. Until the time the bill goes into effect and county islands can form fire districts, Maricopa County will attempt to procure services to its county island residents by cooperating with private and municipal providers, The Maricopa County Board of Supervisors resolved this week, after the bill was enacted, to procure these services to its residents until the fire districts are up and running or 180 days, whichever is less. If the districts have trouble forming or the legislation runs into trouble with the courts, it will be interesting to see if the County withdraws this vital, life-preserving service from its island residents. RESOLUTIONS REMINDER The deadlines for this year's Resolutions process are quickly approaching. Please note the following deadlines as you plan your participation: June 15: Deadline for the Mayor's Resolutions Committee RSVP to be submitted to the League Office. July 16: August 28: BUDGET UPDATE The House and Senate remain far apart on the state budget. Negotiations between the two chambers remain secret, even from the members of the Legislature who are not part of the leadership team. This has caused some frustration with members who have vented their displeasure in public. Surprisingly, the Senate put out an agenda for the Appropriations Committee, which is scheduled to meet on Thursday, June 14th. The agenda contains all of the House budget bills, save the tax relief measure, House Bill 2784. The Senate Appropriations chair, Senator Bob Burns, said the committee will amend the Senate's budget provisions onto the House bills along with any compromises the chambers have reached thus far. This unusual move will likely prolong the session even further unless some breakthroughs can be reached. We'll keep you updated on any progress. The Weekly Spotlight - Speaker of the House Jim Weiers Speaker James P. Weiers, Legislative District 10, has represented his community for the past 12 years at the Legislature. Besides serving 10 years in the House, and 2 years in the Senate, he has been active in legislative campaigns and precinct politics. He has managed and owned a number of successful businesses. His broad business and managerial experience has contributed to his reputation as a leader in business regulation and tax reform issues. He was born in South Dakota, but has called Arizona home for many years. He and his wife Gina are the proud parents of four children and chose Arizona as the place they wanted to raise their family. Recently he and his family were blessed with twin granddaughters, Jasmine and Isabella. How do you see local government impacting people's lives? Local government impacts people's lives about as much as any other entity. It is important that the Legislature gives cities and towns the tools to promote prosperity for the residents of the state. What is one issue that you see as particularly important to local government this session? The Legislature deals with many issues that directly and indirectly impact local governments. Last year, the Legislature appropriated more than $300 million to expedite freeway construction. This year, the state is likely to extend transportation bonds from 20 years to 30 years to free up about $500 million that will go to street and highway expansion. Ensuring Arizonans can get around promotes commerce and allows families to spend more time together. I will continue to encourage the state to spend more money in this area. Tell us something about your family and friends. My family is the most important part of my life and the inspiration for my work at the Legislature. I owe so much to my wife Gina, my four children and twin granddaughters. They provide me with inspiration and happiness and no matter what is happening here, I can always rely on them to provide me with a smile. What's a favorite vacation spot? Sedona and Maui. What's afavorite hobby? Spending time with my family. Thank you for your time. Thank you for the opportunity. 2 June 8, 2007 STATE OF ARIZONA JANET NAPOLITANO GOVERNOR OFFICE OF THE GOVERNOR 1700 WEST WASHINGTON STREET, PHOENIX, AZ 85007 MAIN PHONE: 602-542-4331 FACSIMILE: 602-542-7601 June 4, 2007 The Honorable Jim Weiers Speaker of the House Arizona House of Representatives 1700 West Washington Street Phoenix, Arizona 85007 Re: House Bill 2780: noncontiguous county island fire districts Dear Speaker Weiers: Today, I allowed House Bill 2780, the county fire island bill, to become law without my signature. This bill is not the best solution to the county fire island problem in Maricopa County, but it is an improvement over the status quo. Unfortunately, bickering between Maricopa County, the City of Gilbert and Rural Metro has left an unacceptable number of county island residents without fire and emergency coverage. Although I am sympathetic to the complaints of several cities that this bill imposes a one-size-fits-all approach to solving the county fire island problem in Gilbert and may ultimately create problems elsewhere, these cities have not agreed to guarantee primary fire and emergency coverage to county island residents until a better bill is enacted, Faced with the prospect of an indefinite period in which county island residents would risk having no fire protection whatsoever, I have concluded that on balance, it is better to allow this bill to become law. I have received assurances, however, from the leading legislative supporters of House Bill 2780 that they will work more closely with the cities to address the cities' concerns and improve this legislation next session. I also am encouraged by representations from the Chairnlan of the Maricopa County Board of Supervisors that Maricopa County intends to pass a resolution this week making clear that until the effective date of House Bill 2780, the county will pay the costs incurred by primary and secondary responders to a fire on a county island, and indemnify a responding city against claims arising out of the city's response to the fire. Such assurances were material to my decision to allow this bill to become law, and they offer The Honorable Jim Weiers June 4,2007 Page Two important interim protection to both the cities that neighbor county islands and county island residents (who must always bear ultimate responsibility for the cost of their fire and emergency services). Yours very truly, i{!:z:!f--~- Governor IN:TANljm cc: The Honorable Timothy Bee The Honorable John McComish The Honorable Bob Robson