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REGULAR COUNCIL MEETING
NOTICE AND AGENDA
Council Chambers
11555 W. Civic Center Drive, Marana, Arizona 85653
March 4, 2008, at or after 7:00 p.m.
Ed Honea, Mayor
Herb Kai, Vice Mayor
Council Members
Russell Clanagan
Patti Comerford
Carol McGorray
Jon Post
Roxanne Ziegler
ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Revisions to the
agenda can occur up to 24 hours prior to the meeting. Revised agenda items appear in italics.
AS A COURTESY TO OTHERS PLEASE TURN OFF OR PLIT IN SII.EM 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 Council or not, are expected to
observe the Council Rules, as well as the rules of politeness, propriety, decorum and good conduct. Any
person interfering with the meeting in any way, or acting rudely or loudly will be removed from the
meeting and will not be allowed to return.
To better serve the citizens of Marana and others attending our meetings, the Council Chambers are
wheelchair and handicapped accessible. Any person who, by reason of any disability, is in need of
special services as a result of their disability, such as assistive listening devices, agenda materials printed
in Braille or large print, a signer for the hearing impaired, etc., will be accommodated. Such special
services are available upon prior request to the Town Clerk at least 10 working days prior to the Council
meeting.
Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or
online at www.marana.com, by linking to the Town Clerk page under Agendas, Minutes and Ordinances.
For questions about the Council meetings, special services or procedures, please contact the Town Clerk,
at 382-1999, Monday through Friday from 8:00 a.m. to 5:00 p.m.
Posted no later than March 3, 2008, 7:00 p.m., at the Marana Municipal Complex, the Marana Operations
Center and at www.marana.com under Town Clerk, Agendas, Minutes and Ordinances.
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A. CALL TO ORDER AND ROLL CALL
REGULAR MEETING
B. PLEDGE OF ALLEGIANCE AND INVOCATION/MOMENT OF SILENCE
C. APPROVAL OF AGENDA
D. CALL TO THE PUBLIC
At this time any member of the public is allowed to address the Town Council on any
issue not already on tonight's agenda. The speaker may have up to three minutes to
speak. Any persons wishing to address the Council must complete a speaker card
located outside the Council Chambers and deliver it to the Town Clerk prior to the
commencement of the meeting. Pursuant to the Arizona Open Meeting Law, at the
conclusion of Call to the Public, individual members of the council may respond to
criticism made by those who have addressed the Council, may ask staff to review the
matter, or may ask that the matter be placed on a future agenda.
E. PRESENTATIONS -
1. Presentation: FEMA drainage study update (Keith Brann)
REGULAR COUNCIL MEETING
NOTICE AND AGENDA
Council Chambers
11555 W. Civic Center Drive, Marana, Arizona 85653
March 4, 2008, at or after 7:00 p.m.
ANNOUNCEMENTS/UPDATES -
PROCLAMATIONS -Ladies Auxiliary to the Veterans of Foreign Wars
(Jocelyn Bronson)
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,
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REGULAR COUNCIL MEETING
NOTICE AND AGENDA
Council Chambers
11555 W. Civic Center Drive, Marana, Arizona 85653
March 4, 2008 at or after 7:00 p.m.
and that issue will be discussed and voted upon separately, immediately
following the Consent agenda.
1. Resolution No. 2008-35: Relating to the Police Department: approving and
authorizing an intergovernmental agreement with the Arizona Department
of Public Safety for the purposes of receiving funds under the National
Institute of Justice Grant 2005-DN-BX-K018 for cold case investigations (T.
Van Hook)
2. Resolution No. 2008-36: Relating to Transaction Privilege Tax; authorizing
the execution of a revised intergovernmental agreement with the Arizona
Department of Revenue to provide a uniform method of administration,
collection, audit and licensing of transaction privilege taxes and use taxes
imposed by the State or the Town of Marana (Erik Montague)
3. Resolution No. 2008-37: Relating to Development; approving and
authorizing a fmal plat for the Shops at Thornydale (Kevin Kish)
4. Resolution No. 2008-38: Relating to Real Estate; approving and authorizing
the Mayor to execute a Corrective Deed for the Wheeler Taft Abbett, Sr.
Library, formerly known as the Continental Ranch Library (Frank Cassidy)
5. Resolution No. 2008-39: Relating to Development; approving a release of
Assurance for The Villas at Continental Ranch and acceptance of public
improvements for maintenance (Keith Braun)
6. Resolution No. 2008-40: Relating to Development; approving the release of a
Private Improvement Agreement for Linda Vista Cinemas, lots 54 and 55 of
Peppertree Ranch Business Park and lot 12 of Continental Ranch Retail
Centre, and acceptance of public improvements for maintenance (Keith
Braun)
7. Resolution No. 2008-41: Relating to Development; approving a release of
assurance for Silver Shadows and acceptance of public improvements for
maintenance (Keith Braun)
8. Minutes of the January 22, 2008 regular meeting; minutes of the January 22,
2008 special meeting, and February 5, 2008 regular meeting.
J. COUNCIL ACTION
1. Resolution No. 2008-42: Relating to Community Development; granting
discretionary funding in the form of entertainment credits to the Flying
Tigers of Marana High School, a student grassroots organization, to support
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REGULAR COUNCIL MEETING
NOTICE AND AGENDA
Council Chambers
11555 W. Civic Center Drive, Marana, Arizona 85653
March 4, 2008 at or after 7:00 p.m.
1. Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask
for discussion or consultation for legal advice with the Town Attorney
concerning any matter listed on this agenda.
2. Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7),
discussion or consultation for legal advice with the Town's attorneys and
discussion and to consider its position and instruct the Town Manager and
staff concerning various water rights, water service, water acquisition,
sewer service and related issues, including without limitation (a) the lawsuit
entitled Town of Marana v. Pima County, Maricopa County Superior Court
No. CV2008-001131, (b) the lawsuit entitled Pima County v Town of
Marana, Pima County Superior Court No. 020077448, (c) possible
acquisition of Tucson Water infrastructure and accounts located within the
Marana town limits.
"The Bowling Fiesta," a practice tournament for Marana's school-based
Special Olympics Teams (T. Van Hook)
2. a. Ordinance No. 2008.08: Relating to Traffic and Highways;
amending Title 12 (Traffic and Highways) of the Marana town code to
authorize the town engineer to establish temporary reduced speed limits in
areas undergoing roadway construction; providing penalties for violation;
adding section 12-2-12; renumbering existing sections 12-2-12, 12-2-13 and
12-2-14; amending renumbered section 12-2-15; and declaring an emergency
(Jane Fairall)
b. Resolution No. 2008-43: Relating to Traffic and Highways; declaring the
revisions to Town Code Title 12 adopted by marana Ordinance No. 2008.08
as a public record filed with the Town Clerk; and declaring an emergency
(Jane Fairall)
K. BOARDS, COMMISSIONS AND COMMITTEES
L. ITEMS FOR DISCUSSION/POSSIBLE ACTION
1. State Legislative Issues: Discussion/Direction/Action regarding all pending
bills before the Legislature (Mike Reuwsaat/Steve Romero)
M. EXECUTIVE SESSIONS
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NOTICE AND AGENDA
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11555 W. Civic Center Drive, Marana, Arizona 85653
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3. Executive Sessi~s~a'~Afb, AtRiS~~3S--' Q~3~)(4) and (7) to
for the purchase of property rights needed for the Twin Peaks interchange
project, CIP number 2001-44, from the parcels of property generally
identified as Pima County Assessor's parcel numbers, 226-15-008B, 226-15-
017B, 226-15-018B and 226-15-019A, and to instruct the Town's attorneys
in settlement negotiations and contemplated condemnation proceedings
relating to the same property rights.
N. FUTURE AGENDA ITEMS
Notwithstanding the mayor's discretion of what items to place on the
agenda, if three or more council members request an item to be placed on
the agenda, it must be placed upon the agenda for the second regular town
council meeting after the date of the request (Marana Town Code, Title 2,
Chapter 2-4, Section 2-4-2 B)
O. ADJOURNMENT
TOWN COUNCIL SOWN OF
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MEETING DATE: March 4, 2008 AGENDA ITEM: E. 1
TO: MAYOR AND COUNCIL
FROM: Keith Brann, P.E., Town Engineer
SUBJECT: Presentation: FEMA drainage study update
DISCUSSION
Staff will update Council on the latest information regarding FEMA.
Proclamation
Ladies Auxiliary to the Veterans of Foreign Wars
WHEREAS, the Ladies Auxiliary to the Veterans of Foreign Wars of the United States
is conducting its 94th year of volunteer service to America; and
WHEREAS, year after year the organization continues to honor those who have
made the ultimate sacrifice in the name of freedom by maintaining memorials to
their service and sharing their history with our nation's you so that what our
nation's veterans have done for America will not be forgotten; and
WHEREAS, the Ladies Auxiliary VFW promotes our American heritage by conducting
an annual patriotic ceremony and providing financial assistance for the preservation
and beautification of our country's most treasured symbol of freedom -the Statue
of Liberty
WHEREAS, the 2007-2008 Ladies Auxiliary national president, Virginia Carman, is
rallying members behind her theme "Tradition of Caring;" and
WHEREAS, that theme resonates with the 600,000 members representing the
families of those who have served or are currently on foreign soil protecting our
freedom in the war on terrorism by volunteering nearly two million hours in
Veterans Affairs Medical Centers and other hospitals across the country and by
providing awards and scholarships to students who express their patriotism through
art, speech and volunteerism.
NOW, THEREFORE, the Mayor and Council of the Town of Marana ,Arizona do
proclaim
March 14, 2008
The Tradition of Caring Day
In honor of National President Virginia Carman and all members of the Ladies
Auxiliary VFW for their outstanding service to veterans and their families
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the
Town of Marana to be affixed this 4th day of March, 2008.
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ATTEST: Ed Honea, Mayor
Jocelyn C. Bronson, Town Clerk
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MEETING DATE: March 4, 2008 AGENDA ITEM: I. 1
TO: MAYOR AND COUNCIL
FROM: T. VanHook, Community Development Director
SUBJECT: Resolution No. 2008-35: Relating to the Police Department;
approving and authorizing an intergovernmental agreement with
the Arizona Department of Public Safety for the purposes of
receiving funds under the National Institute of Justice Grant 2005-
DN-BX-KO18 for cold case investigations.
DISCUSSION
In Arizona, as in other parts of the United States, law enforcement agencies are experiencing a
backlog of cold cases which maybe solved by DNA analysis. To help remedy this situation, the
Arizona Department of Public Safety (DPS) applied for funding through the National Institute of
Justice (NIJ) for the DPS Crime Laboratory to form partnerships with the local jurisdictions to
assist in the review and prioritization of cold cases, assessing the availability of evidence for
DNA analysis, and ultimately conducting DNA analysis at the DPS Crime Laboratory.
During this grant application process (September, 2004) the Town of Marana submitted at
request to DPS to be included as a partner in the program and was included in the State's
response to the solicitation. At the time, the Town requested support for overtime funding to
investigate two cold case homicides totaling $2,202.
After several years of program clarifications and contract negotiations, DPS was notified late last
year that the grant request from 2004 was funded for Federal FY 2009 (NIJ Grant 2005-DN-BX-
K018). The Marana partnership funding was included in the award. As a result, once an
intergovernmental agreement (IGA) is signed with DPS, the Town will be eligible for
reimbursement of overtime and travel costs associated with processing the cold cases.
In the IGA, the Town agrees to assign one or more qualified employees on an overtime basis to
research the cold cases and to furnish DPS with a monthly invoice of overtime expenditures.
Upon receipt and approval of invoices, DPS will reimburse the Town for 100% of the overtime
payroll expenses related to the cold case investigations. This amount is not to exceed the
original requested amount of $2,202.
Additional funds maybe available for travel expenses used to interview witnesses and suspects.
The additional funds are limited and will be made available to the Town based on need and
availability. All additional expenses reimbursed by DPS must be pre-approved and the Town is
required to seek approval at least 30 days prior to incurring any travel expenses.
2/26/2008
The Town also agrees to furnish the DPS with information on the DNA Cold Case Program
Monthly Report and a detailed and complete final project report no longer than 20 days after the
expiration of the IGA.
RECOMMENDATION
Staff recommends approval and execution of the IGA with the Arizona Department of Safety for
the purposes of receiving funds under the NIJ Grant 2005-DN-BX-KOl 8.
SUGGESTED MOTION
I move to approve Resolution No. 2008-35.
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MARANA RESOLUTION N0.2008-35
RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING AN
INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA, DEPARTMENT OF
PUBLIC SAFETY FOR THE PURPOSES OF RECEIVING FUNDS UNDER THE NATIONAL
INSTITUTE OF JUSTICE GRANT 2005-DN-BX-K018 FOR COLD CASE
INVESTIGATIONS.
WHEREAS, the Town of Marana recognizes its duty to protect its citizens through
effective police powers; and
WHEREAS, the Marana Police Department is working with the Arizona Department of
Public Safety (DPS) and the DPS Crime Laboratory to review, prioritize, and process cold cases
for DNA analysis; and
WHEREAS, the Arizona Department of Public Safety has received a grant from the
National Institute of Justice (NIJ) to assist local law enforcement agencies in processing evidence
for DNA analysis and conducting analysis for cold cases through the DPS Crime Laboratory; and
WHEREAS, under the terms of the NIJ Grant 2005-DN-BX-K018 the Arizona
Department of Public Safety is authorized to reimburse the Marana Police Department for
overtime expenses incurred while gathering and processing DNA evidence related to cold cases.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, the Chief of Police is authorized to execute the IGA with the
Arizona Department of Public Safety for reimbursement for overtime expenses related to cold
case investigation.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 4th day of March, 2008.
ATTEST:
Jocelyn C. Bronson, Town Clerk
Mayor Ed Honea
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
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MEETING DATE: March 4, 2008 AGENDA ITEM: I.2
TO: MAYOR AND COUNCIL
FROM: Erik Montague, Finance Director
SUBJECT: Resolution No. 2008-36: Regarding Transaction Privilege Tax;
authorizing the execution of a revised intergovernmental
agreement with the Arizona Department of Revenue to provide a
uniform method of administration, collection, audit and licensing
of transaction privilege taxes and use taxes imposed by the State
or the Town of Marana.
DISCUSSION
The Town of Marana is considered a program city or town. As such, the Arizona Department of
Revenue (ADOR) is provided with the responsibility of issuing Transaction Privilege Tax (TPT)
licenses and collecting TPT revenues and use taxes on behalf of the Town. Those revenues and
related reporting detail are distributed to the Town periodically.
An existing intergovernmental agreement between the Town and ADOR provides for the uniform
administration, collection and audit of transaction privilege tax and use tax. This agreement is
allowed by Title 11, Chapter 7, Article 3 (A.R.S. § 11-952) which authorizes two or more public
agencies to enter into intergovernmental agreements to contract for services, if authorized by their
legislative or governing bodies.
Early in January, staff received written notification that certain key changes to the original agreement
were required. The majority of the change involves additional clarification of audit responsibilities.
Please see the attached "Summary of Changes" for additional detail on the changes.
ATTACHMENTS
Intergovernmental Agreement with the Arizona Department of Revenue; and Summary of Changes.
RECOMMENDATION
Staff recommends approval of the Resolution No. 2008-36, authorizing the execution of the
intergovernmental agreement with the Arizona Department of Revenue.
SUGGESTED MOTION
I move to approve Resolution No. 2008-36.
ADOR IGA 2/12/2008 2.•30 PMEM
MARANA RESOLUTION N0.2008-36
REGARDING TRANSACTION PRIVILEGE TAX; AUTHORIZING THE
EXECUTION OF A REVISED INTERGOVERNMENTAL AGREEMENT WITH THE
ARIZONA DEPARTMENT OF REVENUE TO PROVIDE A UNIFORM METHOD OF
ADMINISTRATION, COLLECTION, AUDIT AND LICENSING OF TRANSACTION
PRIVILEGE TAXES AND USE TAXES IMPOSED BY THE STATE OR THE TOWN
OF MARANA.
WHEREAS, Title 11, Chapter 7, Article 3 (A.R.S. § 11-952) authorizes two or more
public agencies to enter into intergovernmental agreements to contract for services, if
authorized by their legislative or governing bodies; and
WHEREAS, A.R.S. § 42-6001 et seq. provides that the Arizona Department of Revenue
may collect and administer any transaction privilege license tax or use tax imposed by
any city or town; and provides for uniform audit functions including joint audits of a
taxpayer by the Arizona Department of Revenue and cities or towns where the taxpayer
conducts business; and provides that the Arizona Department of Revenue and any city or
town may enter into intergovernmental contracts or agreements to provide a uniform
method of administration, collection, audit and licensing of transaction privilege and use
taxes imposed by the State or Cities or Towns.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana, Arizona, that the Mayor is authorized to enter into an agreement with the
Arizona Department of Revenue, attached hereto, and the Mayor is further authorized to
execute all necessary documents connected therewith.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 4~' day of March, 2008.
ATTEST:
Jocelyn C. Bronson, Town Clerk
Mayor Ed Honea
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
INTERGOVERNMENTAL AGREEMENT BETWEEN
THE STATE OF ARIZONA AND A PROGRAM CITY
THIS AGREEMENT is entered into. this day of ~, 20_, by and
between the ARIZONA DEPARTMENT OF REVENUE, hereinafter referred to as
DEPARTMENT OF REVENUE, and the CITY/TOWN OF ,hereinafter referred
to as CITY/TOWN. This Agreement shall supersede and replace all previous intergovernmental
agreements entered into by the DEPARTMENT OF REVENUE and CITY/TOWN regarding
taxpayer joint audits and the uniform method of administration, collection, audit and licensing of
tian.°iavtivn ni•i~rilPrtP t'a\• l~~e tax °e.'e:'anCe tav iat fs.el evr'..SP an~-1 !.~Se tav and rental G~~Linanrv
taxes imposed by the State or Cities or Towns.
WHEREAS, Title 11; Chapter 7, Article 3 (A.R.S. ~ 11-952) authorizes two or more
public agencies to enter into intergovernmental agreements to contract for services, if authorized
by their legislative or govei7iing bodies, and
WHEREAS, A.R.S. § 42-6001 et seq. provides that the DEPARTMENT OF REVENUE
may collect and administer any transaction privilege license tax or use tax imposed by any city or
town; and provides for uniform audit functions including joint audits of a taxpayer by the
DEPARTMENT OF REVENUE and cities or towns where the taxpayer conducts business; and
provides that the DEPARTMENT OF REVENUE and any CITY/TOWN may enter into
intergovernmental contracts or agreements to provide a uniform method of administration,
collection, audit and licensing of transaction privilege and use taxes imposed by the State or
Cities or Towns, and
WHEREAS, the CITY/TOWN has taken appropriate action by ordinance, resolution or
otherwise, pursuant to the laws applicable to the governing body of CITY/TOWN, approving
this Agreement, and
WHEREAS, the DEPARTMENT OF REVENUE and the CITY/TOWN now desire to
enter into such an intergovernmental agreement:
The parties agree to the following:
I. Disclosure of Information Furnished by CITY/TOWN
(a) Statutory Authorrt3r: The disclosure (by any means) of confidential CITY/TOWN tax
information is governed by Model City Tax Code section S 10.
(b) Scope: In accordance with Model City Tax Code section S10(h), the CITY/TOWN may
disclose to the DEPARTMENT OF REVENUE'S tax officials any information regarding
the enforcement and collection of privilege or use taxes by the CITY/TOWN. Any
taxpayer information released by the CITY/TOWN to the DEPARTMENT OF
REVENUE may only be used for internal purposes and may not be disclosed to the
public in any manner that does not comply with the Model City Tax Code or other
confidentiality standards established by the CITY/TOWN. The DEPARTMENT OF
IGA -Program Cities
Revised December 5, 2007
REVENUE hereby agrees that any release or use of confidential information contrary to
the terms of this Agreement .will result in the immediate suspension of any rights of the
DEPAIZI'MENT OF REVENUE to receive taxpayer information.
2. Information Furnished by CITY/TOWN.
(a) Within ten (10) days after the execution of this Agreement, the CITY/TOWN shall
provide the DEPARTMENT OF REVENUE with a copy of its ordinance imposing the
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taxes to ut; %Git~t;t~u ucicuiiucx, ab uieii alA1CnU~.LL. Al iiuwiuuuvu .iuo uii~.uu~ ~....~~
provided to the DEPARTMENT OF REVENUE by the CITY/TOWN, it is not necessary
for the CITY/TOWN to provide the same information until. said ordinance is again
amended..
(b) Within fifteen {15) days following the adoption of an annexation ordinance, one copy of
the ordinance and notification of the effective date of such ordinance shall be sent to the
DEPARTMENT OF REVENUE.
(c} If the CITY/TOWN fails to notify the DEPARTMENT OF REVENUE at least sixty {60)
days before the effective date of any change or amendment to its ordinance pertaining to.
the taxes to be collected under this Agreement, then it is understood that the
DEPARTMENT OF REVENUE shall not be obligated heteundet• to .begin collection of
said taxes as modified any sooner than 60 days after notice of said change or amendment.
{d) Within the constraints outlined in section 1 above, the CITY/TOWN shall provide to the
DEPARTMENT OF REVENUE, on a monthly basis, a list of the business licenses that it
has issued to each new taxpayer who• is or may be taxable by the DEPARTMENT OF
REVENUE. The list will include information such as the new taxpayers' legal business
name, DBA's, physical address, mailing address, owners' first and second names, phone
number for the contact person or business, NAICS codes, and identification numbers
such as state TPT license number, EIN and Social Security number.
(e) Upon request, the CITY/TOWN shall provide to the DEPARTMENT OF REVENUE any
data processing lists of accounts, by geographical areas, activity classification or other
brealcdowtis for which data processing programs have been developed.
(f) Upon request, the CITY/TOWN shall provide to the DEPARTMENT OF REVENUE any
information regarding development and impact fees to assist the DEPARTMENT OF
REVENUE with the auditing of taxpayers and billing and collection of taxes.
(g)-Upon request by the DEPARTMENT OF REVENUE, the CITY/TOWN shall allow
inspections of any CITY/TOWN tax audits by DEPARTMENT OF REVENUE tax
officials during regular CITY/TOWN business hours.
{h} Upon request by the DEPARTMENT OF REVENUE, the CITY/TOWN shall provide the
DEPARTMENT OF REVENUE with a listing of all .audits performed by the
[GA -Program Cities
Revised December 5, 2007
CITY/TOV~TN, including the taxpayer's name, city license number, address, audit period,
classification, and amount assessed, if the audits relate to a taxpayer who is or may be
taxable by the DEPARTMENT OF REVENUE.
'3. Disclosure of Information Furnished by DEPARTMENT OF REVENUE.
(a) Statutory Authority: The disclosure (by any means) of confidential Arizona tax
information is governed by A.R.S. § 42-2001 et seq. which strictly controls the
accessibility and use of this information. Individuals who receive confidential
~ tax
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penalties imposed by A.R.S. § 42-2004 if they misuse or improperly disclose this
information to unauthorized individuals.
(b) Scope: Pursuant to A.R.S. § 42-2003(H), the DEPARTMENT OF REVENUE may
disclose to the CITY/TOWN's tax officials only transaction privilege tax, use tax,
severance tax, jet fuel excise and-use tax, and rental occupancy tax information relating to
a taxpayer who is or may be taxable by the CITY/TOWN. Furthermore, any taxpayer
information released by the DEPARTMENT OF REVENUE to the CITY/TOWN may
only be used for internal purposes and may not be disclosed to the public in any manner
that does not comply with confidentiality standards established by the DEPARTMENT
OF REVENUE. (See Appendix A.) The CITY/TOWN hereby agrees that any release or
use of confidential information contrary to the terms of this Agreement will result in the
immediate suspension of any rights of the CITY/TOWN to receive taxpayer information
hereunder. A notice of suspension will be sent to the CITY/TOWN requesting response
to the allegation within 15 days and a review will occur to determine the length of the
suspension. The CITY/TOWN shalt provide a list of the names and job titles of
employees authorized to receive confidential tax information. This list shall include any
independent auditors who must agree to be bound by the provisions of A.R.S. § 42-2001
et seq. The CITY/TOWN shall promptly inform the DEPARTMENT OF REVENUE of
any additions, deletions or changes to this list within fifteen (15} business days.
4, Information Furnished By DEPARTMENT OF REVENUE.
Within the restrictions outlined in section 3 above, the. DEPARTMENT OF REVENUE shall
provide the following information to the CITY/TOWN:
(a) On a monthly basis, a record of tax payments which shall include the account name,
account number, account status, the taxable activity and the amount collected.
Delinquency information also shall be furnished with respect to all taxpayers who are or
may be taxable by the CITY%'I'OWN for which no return is received.
(b) On a monthly basis, a list of the licenses that it has issued to each new taxpayer who is or
may be taxable by the CITY/TOWN. The DEPARTMENT OF REVENUE shall issue
licenses to taxpayers as the CITY/TOWN ordinances require.
IGA -Program Cities
Revised December 5, 2007
(c) Upon request by the CITY/TOWN, the DEPARTMENT OF REVENUE shall allow
inspections all information or audits relating to transaction privilege tax, use tax,
severance tax, jet fuel excise and use tax, and rental occupancy tax if the information or
audits relate to taxpayers who are or may be taxable by the CITY/TOWN. Such
inspections shall take place during regular DEPARTMENT OF REVENUE business
hours.
(d) Upon request by the CITY/TOWN, the DEPARTMENT OF REVENUE shall provide the
CITY/TOWN with a listing of all audits performed by the DEPARTMENT OF
tCCY~lYIJC., 1I1(:lUUlflg the talipayei J tlatne, 111:ei1Je rilJlAtucr, auuiwa, auuc~ peiivu,
classification, and amount assessed, if the audits relate to a taxpayer wllo is or may be
taxable by the CITY/TOWN.
(e) In addition, .the DEPARTMENT OF REVENUE shall provide the CITY/TOWN with a
copy of its statutes imposing the taxes to be collected hereunder, as then amended, within
ten (10} days after the execution of the Agreement. If the information has been provided
by the DEPARTMENT OF REVENUE, it is not necessary for the DEPARTMENT OF
REVENUE to provide the same information again until said statutes are again amended.
5. Storage and Destruction of Confidential Information.
The DEPARTMENT OF REVENUE has promulgated confidentiality requiretllents which are
attached to this Agreement as Appendix A. All confidential infottllation provided by the
DEPARTMENT OF REVENUE or CITY/TOWN shall be stored in accordance with these
requirements so as to maintain the confidentiality of this information. Prior to discarding, the
confidential information shall be destroyed in the following matuler, in conformity with 26 USC.
§ 6103(p}(4)(F) (Internal Revenue Code § 6103(p)(4}(F)):
(a} Confidential information furnished to the user and any material generated therefrom, such
as extra copies, photo impressions, computer printouts, carbon paper, notes, stenographic
notes, and work papers should be destroyed by burning, mulching, pulping, slu•edding, or
disintegrating.
(b) The following precautions should be observed when destroying confidential information:
(1} Burning precautions: The material is to be burned in either an incinerator that
produces enough heat to burn the entire bundle or the bundle should be separated to
ensuz•e that all pages are consumed.
(2} Shredding precautions: To make reconstruction more difficult, the paper should be
inserted so that lines of print are perpendicular to the cutting line and not maintain
small amounts of sluedded paper. The paper should be sln•edded to effect 5/I6-inch
wide or smaller strips; microfilm should be shredded to effect 1/35-inch by 3/8-inch
strips. If shredding is part of the overall destruction of DEPARTMENT OF
REVENUE data, strips can in effect be set at the industry standard (currently %").
However, when deviating from DEPARTMENT OF REVENUE'S 5/I6"
1GA -Program Cities
Revised December 5, 2007
{3) Pulping should be accomplished so that all material is reduced to particles one inch or
smaller.
(4) Magnetic tape containing confidential information must not be made available for
reuse by other offices or released for destruction without first being subjected to
electromagnetic erasing. If reuse is not intended, the tape should be destroyed by
cutting into lengths of 18 inches or less or by burning to effect complete incineration.
(5} '~~i~henever disk media leaves the physical or systemic control of the agency for
maintenance, exchange, or other servicing, any confidential information on it must be
destroyed by:
(i) Completely overwriting all data tracks a minimum of three times, using maximum
current that will not damage or impair the recording equipment; or
(ii) Running a magnetic strip, of Buff cient length to reach all areas of the disk over
and under each surface a minimum of three times. If the information cannot be
destroyed as suggested, the disk will be damaged in an obvious manner to prevent
use in any disk drive unit and discarded.
(iii) Note: Hand tearing, ,recycling, or burying information in a landfill are
unacceptable methods of disposal.
6. Delegation of Authority.
Any and alt authority that the CITY/TOWN has under CITY/TOWN ordinances pertaining to the
collection of the taxes to be collected under this Agreement is hereby delegated to the
DEPARTMENT OF REVENUE except for those audits that are conducted by the CITY/TOWN
auditor or by an independent contract auditor hired by the CITY/TOWN.
7. Auditing.
The DEPARTMENT OF REVENUE shall have the authority to audit the CITY/TOWN'S
taxpayers under the DEPARTMENT OF REVENUE'S audit program, except when the
CITY/TOWN wishes to share joint authority with the DEPARTMENT OF REVENUE pursuant
to provisions adopted in Appendix IV of the Model City Tax Code. The CITY/TOWN may
share joint authority by: 1) using its own auditor to perform its own audit or to conduct a joint
audit with the DEPARTMENT OF REVENE, or 2) hiring an independent contract auditor to
perform. its own audit., To share joint audit authority with the DEPARTMENT OF REVENUE,
the CITY/TOWN shall notify the DEPARTMENT OF REVENUE at least thirty (30) days prior
5 [GA -Program Cities
Revised December 5, 2007
DIY ~~ / ,J,, 'w~ 5/
to initiating any such audit program. When audit authority is shared, the parties agree to the
following:
(a) Upon request by the DEPARTMENT OF REVENUE, the CITY/TOWN shall allow the
DEPARTMENT OF REVENUE'S tax official to inspect any audits of CITY/TOVdN'S
taxpayers during the regular CITY,`TO WN business hours.
(b} The CITY/TOWN shall provide the DEPARTMENT OF REVENUE with a listing of all
audits performed by the CITI'/TOWN's auditor or independent contract auditor
iAtl.lLidl.llg the taxpayer's natuc, City iiCCuSC iiii.iubcr, addrCSS, audit period, CiaSSiiva:di^vii
and amount assessed.
(c) The DEPARTMENT OF REVENUE shall provide the CITY/TOWI~T with a copy of all
transaction privilege tax, use tax, severance tax, jet fuel excise and use tax, and rental
occupancy tax audits performed by the DEPARTMENT OF REVENUE, if the audits
relate to a taxpayer who is or may be taxable by the CITY/TOWN.
(d) Upon request by the CITY/TO~~T, the DEPARTMEI~~T OF REVENUE shall allow the
CITY/TOWN tax officials to inspect ail information or audits relating to transaction
privilege tax; use tax, severance tax; jet fuel excise and use tax, and rental occupancy tax,
if the information or audits relate to taxpayers who are or may be taxable by the
CITY/TOWN.
{e) When any CITY/TOWN exercises its right to conduct an audit using its own auditor or
an independent contract auditor, the CITY/TOWN assumes responsibility for the
following:
(1) Collection of Taxes
(2) Payment of Collected Taxes to CITY/TOWN
(3} Responsibility for Defense Litigation
(4} Responsibility for Administrative Review
(5) Delegation of Authority
8. MultiiurisdictionalAuthts.
Pursuant to A.R.S. § 42-6005 and Model City Tax Code section 553, the DEPARTMENT OF
REVENUE and the CITY/TOWN may conduct a multijurisdictional audit pursuant to a
taxpayer's request. The jurisdiction that conducts the audit will be considered the lead
jurisdiction in charge of the audit. When a taxpayer requests a multijurisdictional audit, the
parties agree to the following:
6 lGA -Program Cities
Revised December 5, 2007
(a) The DEPARTMENT OF REVENUE and CITY/TOWN will use similar forms ..and
procedures in order to expedite the multijurisdictional audit. process including:
1) Statute of Limitations Waiver
2) Sampling Agreement
3) Field Examination Agreement to Supply Additional Information.
The parties agree to secure these forms and have them executed. when necessary in order
to protect the interests of both parties.
(b) The CITY/TOWN and the DEPARTMENT OF REVENUE hereby delegate authority to
the lead jurisdiction's tax officials to sign the forms listed above in subsection {a) on their
behalf with a taxpayer under. muitijurisdictional audit. The lead jurisdiction will supply a
copy of the signed agreements to each jurisdiction participating in the audit.
9. MultiiurisdicitionalRudits: Reviewing Worknapers.
.When the DEPARTMENT OF REVENUE and CITY/TOWN share joint audit authority over a.
taxpayer, upon request, the lead jurisdiction shall allow the other jurisdictions involved in the
multijurisdictional audit to inspect any workpapers or documentation collected or generated in a
multijurisdictional audit during the Lead jurisdiction's regular business hours.
10. Responsibility for Renresentation in Litigation.
If the CITY/TOWN leads or conducts an audit, the CITY/TOWN is responsible for representing
itself in litigation regarding that tax matter. In the event that the CITY/TOWN defends a lawsuit
challenging CITY/TOWN taxes, the DEPARTMENT OF REVENUE agrees that it will
cooperate in the defense, including having its auditor meet with the CITY/TOWN's attorney for
informal interviews, providing documents and computer records, preparing for depositions,
attending depositions and trial as witnesses, and assisting in trial/hearing preparation as needed.
If the DEPARTMENT OF REVENUE is the lead jurisdiction in an audit, the DEPARTMENT
OF REVENUE will be responsible for coordinating the litigation and representing the
CITY/TOWN in any administrative appeals for that audit. If the protest of the audit progresses
beyond the administrative level, the CITY/TOWN is responsible for representing itself in the tax
matter (that is, at the Board of Tax Appeals, Tax Court and higher courts). It is understood that
the Office of-the Attorney General will not represent the CITY/TOWN in any matters before any
court involving CITY/TOWN's tax, unless the CITY/TOWN and the Office. of the Attorney
General have agreed otherwise..
11. ResponsibiIity for Administrative Review.
[GA -Program Cities
Revised December 5, 2007
Upon the adoption of the Model City Tax Code by any CITY/TOWN, responsibility for
administrative review shall be governed by Model City Tax Code Section 570 as amended by
Appendix I -Modifications to Model City Code for CITIES/TOWNS in State Collection System
and Appendix IV -Modifications to the Model City Tax Code For. Cities and Towns in State
Collection System Performing Supplementary Local Audits.
12. Collection of Taxes.
(a) The DEPARTMENT OF REVENUE shall collect any transaction privilege tax, use tax,
severance tax, jet fuel excise and use tax, and rental occupancy taxes imposed by the
CITY/TOWN, under the provisions of their ordinances prior to adoption of the Model
City Tax Code, or provisions of the Code after adoption, commencing on the day
of 20 ,and continuing until this Agreement is terminated as
hereinafter provided.
(b) Taxpayers who are subject to the CITY/TOWN taxes-shall pay those taxes to the
DEPARTMENT OF REVENUE as provided in A.R:S. § 42-5014{A). Tax payments shall
be accompanied by a return prepared by the taxpayer on a form prescribed by the
- DEPARTMENT OF REVENUE.
13. Financing Collection of Taxes.
The costs incurred by.the DEPARTMENT OF REVENUE in administering this Agreement shall
be financed through the State general fund appropriation to the DEPARTMENT OF REVENUE.
14. Remittance of Collected Taxes to CITY/TOWN.
(a) Funds collected by the DEPARTMENT OF REVENUE under this Agreement shall be
remitted to the CITY/TOWN weekly on the basis of actual collections. Remittances shall
be made by noon of the Monday after the end of the week in which the collections were
made.
(b) When the DEPARTMENT OF REVENUE collects taxes due to the CITY/TOWN and the
State, the CITY/TOWN shall be remitted its share of the taxes collected.
(c) Delinquent accounts shall be collected by the DEPARTMENT OF REVENUE. In the
event that this Agreement is terminated, net amounts collected after the termination date
shall be forwarded to the CITY/TOWN weekly on the basis of actual collections.
15. Term of Agreement and Termination.
8 !GA -Program Cities
Revised December 5, 2007
(a) The initial term of this Agreement. shall be through June 30th following the date of
..execution. This Agreement shall automatically be renewed for successive one year terms
thereafter unless either party shall terminate this Agreement by notice, in writing, to the
other not later than ninety (90) days prior to the expiration of the term then in effect. The
notice of termination shall be mailed and served on the other party in accordance with
Provision 17 of this Agreement.
(b} If any CITY/TOWN ordinance or state legislation enacted subsequent to the date of this
Agreement substantially affects the performance of this Agreement by either party or
substantially diminishes the benefits that either party would receive under this
Agreement, either-party may then terminate the Agreement, by giving at least a 30 day
written notice to the other party. The termination will become effective immediately upon
the expiration of the notice period.
(c) The DEPARTMENT OF REVENUE, or the CITY/TOWN may, within three years after
its execution, cancel this Agreement without penalty or further obligation pursuant to
A.R.S. § 38-511 if any person significantly involved in initiating, negotiating, securing,
drafting or creating the Agreement on behalf of the DEPARTMENT OF REVENUE or
CITY/TOWN is, or becomes, at any time while the Agreement or any extension of the
Agreement is in effect, an employee or agent of any other party to this Agreement in any
capacity or a consultant to any other party of the contract with respect to the subject
matter of the Agreement. Such cancellation shall be effective when written notice from
the Governor or the Chief Executive Officer of the CITY/TOWN is received by other
parties to-this Agreement, unless the notice specifies a later time.
(d) Notwithstanding any provision to the contrary herein, both parties may by mutual
agreement provide for the termination of this Agreement upon such terms and at such
time as is mutually agreeable to them.
16. 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 obligation. 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 funds are available. No liability shall accrue to the State
in the event this provision is exercised, and the State shall not be obligated or liable for any
future payments or for any damages as a result of termination under this paragraph.
17. Notice.
9 IGA -Program Cities
Revised December 5, 2007
{a) When any Notice to the CITY/TOWN is required under the terms of this Agreement,
such Notice shall be mailed to the CITY/TOWN at the following address, directed to the
attention of
(b) When any Notice to the DEPARTMENT OF REVENUE is required under the terms of
-this Agreement, such Notice shall be mailed to:
ARIZONA DEPARTMENT OF REVENUE
Attn: Director
1600 W. Monroe "
Phoenix, AZ 85007
18. Non-discrimination.
(a) The DEPARTMENT OF REVENUE- and CITY/TOWN shall comply with Executive
Order 99-4, which mandates that all personsa regardless of race, color, religion, sex, age,
national origin. or political affiliation, shall have equal access to employment
opportunities, and'all other applicable State and Federal employment laws, rules, and
regulations, including the Americans with Disabilities Act. The DEPARTMENT OF
REVENUE and CITY/TOWN shall take affirmative action to ensure that applicants for
employment and employees are not discriminated against due to race, creed, color,
religion, sex, national origin or disability.
(c) The DEPARTMENT OF REVENUE and CITY/TOWN shall also comply with all
state and federal. laws concerning Immigration-and with Executive Order 2005-30
Ensuring Compliance with Federal Immigration Laws by State Employers and
Contractors.. (See 1~://www.azsos.gov/aar/2005/44/aovernor.pdfl
19. Third Party Antitrust Violations.
The CITY/TOWN assigns to the DEPARTMENT OF REVENUE any claim for overcharges
resulting from antitrust violations to the extent that such violations concern materials or services
.supplied by third parties to the CITY/TOWN toward fulfillment of this Agreement.
20. Audit of Records.
10 [GA -Program Cities
" Revised December 5, 2007
The CITY/TOWN shall retain all data, books, and other. records {"Records"} relating to this
Agreement for at least five (5) years (a) after termination of this Agreement, and (b} following
each annual renewal thereof. All Records shall be subject to inspection by audit by the -State at
reasonable times. Upon request, the CITY/TOWN shall produce the original of any or all such
records. This Agreement is subject to A.R.S. § 35-215.
21. Amendments.
Any amendments to or modification of this Agreement must be executed in .writing in
accordance with the provisions of this Agreement.
22. Mutual Cooperation.
In the event of a disagreement between the parties with regard to the terms, provisions and
requirements of this Agreement or in the event of the occurrence of any circumstances bearing
upon or affecting this Agreement, parties hereby agree to mutually cooperate in order to resolve
the said disagreement or deal with the said circumstance.
23. Arbitration.
To the extent required by A.R.S.. §§ 12-1518(B) and 12-133, the parties agree to resolve any
dispute arising out of this Agreement by arbitration.
24. Implementation.
The implementation and execution of the provisions of this Agreement shall be the responsibility
of the Director of the DEPARTMENT OF REVENUE. or his representative and the Mayor or
his/her designee on behalfof the CITY/TOWN.
25. Limitations.
Nothing in this Agreement shall be construed as limiting or expanding the statutory
responsibilities of the parties in performing functions beyond those granted to them by law, or as
requiring the parties to expend any sum in excess of their appropriations.
26. Signature Authority.
(a) This Agreement is entered into and is effective as of the date. filed with the Secretary of
State.
11 IGA -Program Cities
Revised December 5, 2007
(b) By signing below, the signer certifies that he or she has' the authority to enter into this
I Agreement and has -read the. foregoing and agrees to accept. the provisions herein.
(c) This Intergovernmental Agreement may be executed in counterpart.
Signature Date Signature Date
Typed Name and Title Typed Name and Title
Entity Name Entity Name
Address Address
City State Zip City State Zip.
RESERVED FOR THE ATTORNEY GENERAL: RESERVED FOR CITY/TOWN ATTORNEY:
Attorney General no. APPROVED AS TO FORM AND AUTHORITY:
which is an agreement between public agencies, has
been reviewed pursuant to A.R.S. § II-952 by the
undersigned Assistant Attorney General who has 13Y:
determined that it is in proper form and is within the CITY/TOWN ATTORNEY
powers and authority granted under the laws of the
State of Arizona to ~ the Arizona Department of Date:
Revenue represented by the Attorney General.
TERRY GODDARD
The Attorney General RESERVED FOR SECRETARY OF STATE:
Signature
Assistant Attorney General
Date•
ARIZONA DEPARTMENT OF REVENUE
CONFIDENTIALITY REQUIREMENTS
General
1.1 All state tax returns are confidential. All information related to the filing, processing,
examining, or auditing of a state tax return is confidential. The Arizona Revised Statutes,
Title 42, Sections 2001 through 2004 are the laws governing confidentiality.
I.2 -Data reported on license applications for transaction privilege tax, luxury tax, use tax, and
withholding tax is confidential.
1.3 Confidential information shall not be disclosed if the Arizona Department of Revenue
determines that disclosure would seriously impair any civil or criminal tax investigation.
Confidential information shall not be disclosed if the disclosure is contrary to the United
States Internal Revenue Code.
1.4 Confidential information may be used for legitimate tax administration activities only.
Tax administration includes the following:
a. Assessment activities
b. Collection activities
c. Enforcement activities
d. Computer processing
e. Computer storage
f. Statistical gathering functions
g. Policy making functions
h. Management of all of the above
1.5 Only the Arizona Department of Revenue may respond to a request for information
concerning the Department's confidential information. Refer any request for Department
of Revenue information to the Department's Disclosure Officer.
1.6 All Department of Revenue materials, including paper, tape, microfilm, and microfiche,
must be secured for confidentiality. Place all Department of Revenue materials in a
locked drawer or cabinet when you leave the work area. Keep these materials away from
the eye of the public. This includes cleaning people and security guards.
1.7 Statistical information derived from confidential information may be disclosed if it does
not reveal confidential facts attributable to any one taxpayer. On a statewide basis, no
statistical information may be released that contains information from fewer than three
taxpayers in a grouping. For an area that is less than state level (county or city), data
from at least ten taxpayers must be in a grouping.
~~
1.9 All confidential materials must be returned to the Department of Revenue or shredded
when no longer needed. Do not place confidential materials in the garbage or recycle
bins.
Precautionar,
2.1 A third party can easily view confidential information on the screen of a computer
terminal visible to the public. Terminals should be placed in such a manner that prohibits
public viewing.
2.2 Employees assisting the public must ensure that information concerning other taxpayers
is not visible to the taxpayer they are assisting. For example, if there is a stack of returns
on your desk that you were working on prior to assisting someone, cover the top return
with a blank sheet of paper while the taxpayer is sitting by your desk. Always secure
information when the area is unsupervised.
2.3 Do not leave confidential printouts in public areas such as hallways. When transporting
confidential materials you should make sure to cover the materials so that wandering eyes
cannot see the information.
2.4 Do not discuss confidential information in elevators, restrooms, the cafeteria, or other
public areas. Do not discuss confidential information with family members.
14 iGA -Program Cities
Revised December 5, 2007
Program City IGA
Summary of Changes
The main change to the program city IGA is section eight Multijurisdictional Audits.
The change allows the cities and department to sign on each others behalf statute of
limitations waivers, sampling agreements, and agreement to supply additional
information. There are additional verbiage and technical changes that are listed below.
This was added to the first paragraph.
This Agreement shall supersede and replace all previous intergovernmental agreements
entered into by the DEPARTMENT OF REVENUE and CITY/TOWN regarding
taxpayer joint audits and the uniform method of administration, collection, audit and
licensing of transaction privilege tax, use tax, severance tax, jet fuel excise and use tax
and rental occupancy taxes imposed by the State or Cities or Towns.
Section 1 was added.
Section 1 Disclosure of Information Furnished by CITY/TOWN.
Section 2 Information Furnished by CITY/TOWN.
2(e), (f), (g) and (h) were added.
Section 18 was added.
18. Non-discrimination.
(a) The DEPARTMENT OF REVENUE and CITY/TOWN shall comply with
Executive Order 99-4, which mandates that all persons, regardless of race, color,
religion, sex, age, national origin or political affiliation, shall have equal access to
employment opportunities, and all other applicable State and Federal employment
laws, rules, and regulations, including the Americans with Disabilities Act. The
DEPARTMENT OF REVENUE and CITY/TOWN shall take affirmative action
to ensure that applicants for employment and employees are not discriminated
against due to race, creed, color, religion, sex, national origin or disability.
(a) The DEPARTMENT OF REVENUE and CITY/TOWN shall also comply
with all state and federal laws concerning Immigration and with Executive
Order 2005-30 Ensuring Compliance with Federal Immigration Laws by State
Employers and Contractors. (See
http://www.azsos.gov/aar/2005/44/governor Rdf)
Section 19 was added
19. Third Party Antitrust Violations.
The CITY/TOWN assigns to the DEPARTMENT OF REVENUE any claim for
overcharges resulting from antitrust violations to the extent that such violations concern
materials or services supplied by third parties to the CITY/TOWN toward fulfillment of
this Agreement
Section 20 was added
20. Audit of Records.
The CITY/TOWN shall retain all data, books, and other records ("Records") relating to
this Agreement for at least five (5) years (a) after termination of this Agreement, and (b)
following each annual renewal thereof. All Records shall be subject to inspection by
audit by the State at reasonable times. Upon request, the CITY/TOWN shall produce the
original of any or all such records. This Agreement is subject to A.R.S. § 35-215.
tnWN nF
TOWN COUNCIL
MEETING TOWN OF MARANA 9 `MaRnrvn ;
INFORMATION
gR1Z0~+~'
MEETING DATE: March 4, 2008 AGENDA ITEM: I.3
TO: MAYOR AND COUNCIL
FROM: Kevin Kish, AICP, Planning Director
SUBJECT: Resolution No. 2008-37: Relating to Development; approving and
authorizing a fmal plat for the Shops at Thornydale.
DISCUSSION
Request
The applicant is requesting approval of a final plat to allow for the resubdivision of Lot 14 and
portions of Lots 13 and 15 of the Northpoint Business Park commercial subdivision into 5 lots on
approximately 5.90 acres. The purpose of the commercial subdivision is to allow the sale of
individual parcels.
Location
The subject property is located on Lot 14 and a portion of Lots 13 and 15 of the Northpoint
Business Park Final Plat, at the northwest corner of Thornydale Road and Costco Drive/Horizon
Hills Drive.
Zoning Information
The zoning for the site is HI (Heavy Industrial). The Heavy Industrial zoning allows for
restaurants, financial institutions, office, business and professional uses as well as sale of goods
and services.
Transportation and Access
This project will have two right-in and right-out access points on Thornydale Road that is being
constructed with the Thornydale Road Improvement Project and one right-in and right-out access
and one full access point on Costco Drive.
Development Plan
A development plan for the commercial center was administratively approved on June 8, 2007.
It contains four buildings for retail and restaurant uses.
ATTACHMENTS
Application, location map, reduction of final plat and reduction of approved development plan
site plan.
030408 PRV-07016 Shops at Thornydale FP TC
RECOMMENDATION
Staff recommends approval of the final plat for the Shops at Thornydale. Staff has reviewed the
application for compliance with the Marana Land Development Code and the Marana General
Plan. The final plat is in conformance with all required development regulations and conditions
of zoning.
SUGGESTED MOTION
I move to approve Resolution No. 2008-37.
-2-
030408 PRV-07016 Shops at Thornydale FP TC
MARANA RESOLUTION N0.2008-37
RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A FINAL PLAT FOR
THE SHOPS AT THORNYDALE.
WHEREAS, the Town of Marana annexed the Northpoint Business Park (Book 40 Page
31) on September 29, 1993 by Resolution 93-12 into the corporate boundaries of the Town of
Marana; and
WHEREAS, the applicant, Western Development Partners, LLC, has applied to the Town
of Marana for approval of a final plat allowing for the resubdivision of Lot 14 and a portions of
Lots 13 and 15 of the Northpoint Business Park into five lots on approximately 5.90 acres; and
WHEREAS, the Marana Town Council, at their regular meeting on March 4, 2008,
determined that the Shops at Thornydale final plat should be approved.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana, Arizona, that the Shops at Thornydale final plat is hereby approved.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 4`~' day of March, 2008.
ATTEST:
Jocelyn C. Bronson
Town Clerk
Ed Honea, Mayor
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
The Shops at Thornydale 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,
115 S S W. Civic Center Drive, Marana, AZ 8 5 6 5 3.
TOWN COUNCIL SOWN nF
MEETING TOWN OF MARANA y Ma,Ra,rva ;
INFORMATION
gR11UVP
MEETING DATE: March 4, 2008 AGENDA ITEM: I.4
TO: MAYOR AND COUNCIL
FROM: Frank Cassidy, Town Attorney
SUBJECT: Resolution No. 2008-38: Relating to Real Estate; approving and
authorizing the Mayor to execute a Corrective Deed for the
Wheeler Taft Abbett, Sr. Library, formerly known as the Conti-
nental Ranch Library.
DISCUSSION
The Town of Marana entered into an Intergovernmental Agreement between Pima County and
the Pima County Library District for design, construction, operation, maintenance and ownership
of Wheeler Taft Abbett, Sr. Library. The IGA was approved by Marana Council by Resolution
2004-103 on August 3, 2004.
The Town transferred ownership of the parcel to Pima County learning, after the fact, that the
legal description was incorrect. By mutual agreement with Pima County and the Pima County
Library District, it is in the best interests of the public to record a correction deed. Under the
terms of the original IGA, the Town and Pima County are required to undertake all things neces-
sary, in good faith and cooperation, to carry out the intention of the Agreement. The recordation
of the correction deed is necessary for the project and for the benefit of the public.
RECOMMENDATION
Staff recommends approval and adoption of Resolution No. 2008-38, authorizing the Mayor to
execute the correction deed.
ATTACHMENTS
Correction Deed; Legal Description and Depiction -Exhibit "A"
SUGGESTED MOTION
I move to adopt Resolution No. 2008-38.
Resolution 2008-XX (Wheeler Taft Abbett, Sr. Library) 02/22/08 fjc
MARANA RESOLUTION N0.2008-38
RELATING TO REAL ESTATE; APPROVING AND AUTHORIZING THE MAYOR TO
EXECUTE A CORRECTION DEED FOR THE WHEELER TAFT ABBETT, SR. LIBRARY,
FORMERLY KNOWN AS THE CONTINENTAL RANCH LIBRARY.
WHEREAS, the Town of Marana and the Pima County Library District executed an inter-
governmental agreement with Pima County and the Pima County Library District for the design, con-
struction, operation, maintenance, and ownership of a library at Continental Ranch by Marana Reso-
lution 2004-013; and
WHEREAS, the Town of Marana, Pima County and the Pima County Library District agree
that the legal description for the library parcel at Continental Ranch is in error; and
WHEREAS, the Town of Marana, Pima County and the Pima County Library District desire
to record a corrective Warranty Deed and revised legal description for the library parcel at Continen-
tal Ranch; and
WHEREAS, the Mayor and Council of the Town of Marana find that it is in the best interests
of the public to execute said corrective deed.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, that the corrective deed between the Town of Marana and Pima County at-
tached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and
the Mayor is hereby authorized to execute said Exhibit A and the Town Clerk is hereby authorized
to attest to and on behalf of the Town of Marana.
PASSED, ADOPTED, and APPROVED by the Mayor and Council of the Town of Marana,
Arizona, this 4~' day of March, 2008.
Mayor Ed Honea
ATTEST:
APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney
CORRECTION DEED
WHEREAS, pursuant to Intergovernmental Agreement between, the Town of Marana, an Arizona
municipal corporation ("Town") and Pima County, a political subdivision of the State of Arizona
("County")certain real property was conveyed by the Town to the County by Warranty Deed ("Deed")
recorded on June 8, 2007, in Docket 13072, at Page 2912, Office of the Pima County Recorder; and
WHEREAS, the legal description of the parcel conveyed by the Town to the County was inadvertently
incorrect, contrary to the Town and County's intention; and
WHEREAS, the Town and County wish to correct the aforementioned error by having the Town reconvey
to the Caunty the intended parcel, superceding the prior Deed recorded on June 8, 2007, in Docket
13072, at Page 2912, Office of the Pima County Recorder;
NOW, Tf1ERF~'ORE, for valuable consideration, the Town of Marana, an Arizona municipal corporation
hereby conveys to Pima County, a political subdivision of the State ofArizona, the foIlowing described
property situate in Pima County, Arizona:
SEE LEGAL DESCRIPTION AND DEPICTION ON ATTACHED EXHIBIT "A"
SUBJECT TO all matters of record including the Intergovernmental Agreement between Pima County,
Pima County Library District and the Town of Marana for Design, Construction, Operation and
Maintenance, and Ownership of a Library at Continental Ranch in Marana, Arizona recorded at Docket
12370 Page 2974 in the Office of the Pima County Recorder.
Grantor also warrants the title against all persons whomsoever, subject to all covenants, conditions,
restrictions, rights-of--way, easements, and all other matters of record.
Dated this day of
2008.
EXEMPTION: A.RS. § 11-1134.A3. `- Board of Supervisors Approval:
Agent: LL File #: 10,905-001 & 002 Activity #: BIvIALIB P [ ] De [X] Do [ ] E [ ]
1
Town of Martina
Ed Hones, Mayor
ATTEi;T:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
STATE OF ARIZONA
ss
COUNTY OF PIMA )
This instrument was aclcnowiedged before me this
Mayor, of the Town of Martina.
day of _ 20(?8, by Ed I-ionea,
My Commission Expires:
Notary Public
EXEMPTION: A.R.S. § ii-1.134.A.3. Board of $upervlsors Approval:
Agent: LL Rile #: 10,905-001 &002 Activity #: BMALIB P [ j De [7{~ ~ [~ g [ 1
2
Pima County
Chairman, Pima County Board of Supervisors
ATTEST:
Clerk, Pima County Beard of Supervisors
APPROVED AS TO FORM:
EXEMPTION: A.R.S. § 11-1134.A.3. Beard.of Supervisors Approval:
Agent: I I; Fila #:.10,905-001 & 002 Activity #: BMALIB P [ j De [XJ Do [ ] E I I .
3
sli~c
SURVEY INAIOVATION
GROUP, INC
Land Surveying Services
LEGAL DESCRIPTION
9ilARANA LIBRARY
LIBRARY PARCEL
PARCEL1
~~~l~D~t tv~rv
NOVEMBER i3, 2007
JOB# 05095
A PORTION OF THE PARCELS OF LAND DESCRIBED IN DOCKET 11411, PAGE 1616
AND DOCKET 12201., PAGE 4107 RECORDS OF PIMA COUNTY, ARIZONA, ALSO BEING A
PORTION OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 35,
TOWNSHIP 12 50UTH, RANGE 72 EAST OF THE GiLA ANp SALT RIVER MERIDIAN. PIMA
COUNTY, ARIZCJNA, DESCRIBED AS FOLLOWS
COMAAENCING AT A FOUND BRASS CAP FLUSH ATTHE INTERSECTION OF NORTH
CORTARO ROAD.AND SiLVERBELL ROAD;
THENCE NORTH 33 DEGREES 30 MINUTES 07 SECONDS EAST, ALONG TH£
CENTERLINE OF SAID CORTARO ROAD, A DISTANCE OF 732.52 FEET TO A POINT OF
INTERSECTION WITH THE CEIVTERLW£ OF MAMIE KAI DRNE AS SHOWN ON THE
RECORDED FINAL PLAT FOR PARCELS 56, 5T & 72, CONTINENTAL RANCH, LOTS 1
THRU 10, RECORDED IN BOOK 60, PAGE 16 RECORDS OF PIMA COUNTY. ARIZONA;
THENCE SOUTH 56 DEGREES 29 MINUTES 53 SECONDS EAST, LEAVING SAID
CENTERLINE OF CORTARO ROAD AND ALONG SAID CENTERLINE OF MAMIE KAI
IjRIVE, A DISTANCE OF 305.09 FEET TO A POINT OF CURVATURE TO THE RIGHT
HAVING A RADIUS OF 500.00 FEET;
THENCE CONTINUING ALONG SAID CENTERLINE OF MAMIE KAI DRIVE,
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, TSiftOUGH A CENTRAL ANGLE OF
14.DEGREES 26 MINUTES 39 SECONDS, A DISTANCE OF 126.05 FEET;
THENCE SOUTH 42 DEGREES 03 MINUTES 14 SECONDS EAST, CONTINUING ALONG
SCUD CENTERLINE OF MAMIE KAI DRNE, A DISTANCE OF 251.14 FEET' TO A POINT OF
CURVATURE TO THE LEFT HAVING A RADIUS OF 500.00 FEET;
THENCE CONTINUING ALONG SAID CENTERLINE OF MAMIE KAI DRIVE,
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF
OB DEGREES 59 MINUTES 19 SECONDS. A DISTANCE OF 78.44 FEET TO A POINT OF
INTERSECTION WITH THE CENTERLINE OF SCHISLER DRIVE;
THENCE NORTH 38 dEGREES 57 MINUTES 27 SECONDS EAST, LEAVING SAID
CENTERLINE OF MAMIE KAI DRIVE AND ALONG THE CENTERLINE OF SCHISLER DRIVE
A DISTANCE OF 124.24 FEET AS SHOWN ON THE RECORDED FlNAL PLAT FOR
PARCELS 56.57 & 72, CONTINENTAL RANCH, LOTS 1 THRU 10,. RECORDED tN BOOK 60,
PAGE 1B RECORDS OF PIMA COUNTY, ARIZONA;
THENCE SOUTH 51 DEGREES 02 MINUTES 33 SECONDS EAST, LEAVINGSAiD
CENTERLINE OF SCHISLER DRIVE,.A DISTANCE OF 21.59 FEET TO THE POINT OF
13EGiNNINt3 OF THE PARCEL HEREIN DESCRIBED;
~~Q
16474 N. gist $trees, Suite 1p2 • Scottsdale, AZ 85260 •480„822-078p • 480-922.0781 fax ~~G~ 1~
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THENCE Nt]RTH 38 DEGREES 57 MtNUTE$ 27 SECONDS EAST, A DISTANCE OF 163:18
FEET;
THENCE NORTH 03 DEGREES 42 MINUTES 49 SECONDS EAST, A DISTANCE.OF !9867
FEET:
THENCE SOUTH 86 DEGREES t7 MINUTES 1'1. SECONDS EAST; A DISTANCE OF 40.00
FEET'..
THENCE SOUTH 03 DEGREES 42. MINUTES 49 SECONDS WEST, A D[STANCE OF 65.81
FEET;
THENCE SOU1`H 59 DEGREES 19 MINUTES 33 SECONDS EAST, A DISTANCE OF 248 05
FEET;
THENCE SOUTH 33 DEGREES 42 MINUTES 49 SECONDS 1NEST, A DISTANCE OF 122 7D
FEET;
THENCE SOUTH 03 .DEGREE8 42 MtNUYES 49 SECONDS VIIEST, A DISTANCE OF 71 81
FEET,
THENCE SOUTH 5B DEGREES 17 MINUTES 11 SECONDS EAST, A DISTANCE OF 76.83
FEET.
THENCE SOUTH 33 DEGREES 42 MINUTES 49 SECONDS WEST, A DISTANCE OF 57.62
FEET;
THENCE SOUTH 56 DEGREES 41 MINUTES 46 SECONDS WEST, A DISTANCE OF 54 69
FEET:
THENCE NORTH 18 DEGREES 17 MINUTES 29 SECONDS-EAST, A DI$TANGE.OF 89.Q4
FEET;
THENCENORTH 56 DEGREES 29 MINUTES 4! SECONDS WEST, A DISTANCE OF "100 00
FEET;
THENCE SOUTH 33 DEGREES 30 MINUTES 19 SECONDS WEST, A DISTANCE OF 100.00
FEET;
THENCE SOUTH 56 DEGREES 29 MINUTES 41 5EGONDS EAST, A bISTANCE OF 717.34
FEET;
THENCE SOUTH 56 pEGREES 41 MINUTES 46 SECONDS WEST, A.DISI"ANCE OF 144.11
FEET TO THE POINT OF CURVATURE OF A NON TANGENT CURVE TO THE LEFT, OF
WHICH THE RADIUS POINT LIES SOUTH 56 DEGREES 43 MINUTES 02 SECONDS WEST,
A RADIAL DISTANCE OF 425 00 FEET;
THENCE NORTHWESTERLY ALON6.THE ARG OF SAID CURVE, THROUGH A CEfJTRAL
.ANGLE OF 23 DEGREES. 35 MINUTES 32 SECONDS, A DtSTAIVCE OF 175.00 FEET TO A
POINT OF REVERSE CURVATURE TO 7Hfc RIC.yHT HAVING A RADIUS OF 185.00 FEET
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL
ANGLE OF 17 DEGREES 38 MINUTES 16 SECONDS, A DISTANCE OF 56 95 FEEf'.TO A
POINT OF COMPOUND CURVATURE TO THE RIGHT HA1/ING A RADIUS OF 40.00 FEET;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE
OF 60 DEGREES 23 MINUTES 22 SECONDS, A DISTANCE OF 42.16 FEET TO A POINT OF
COMPOUND CURVATURE TO THE RIGHT HAVING A RADIUS OF '185.00 FEET;
i 6414. N. 91 ~ Street, S~ 10g • Scottsdale, AZ 85280.480-g22:p78p • ggp.g22.0781 fax
E~h~b~ir ~~:~,P~
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THENCE NORTHEASTERLY ALONG THE ARC OF SA[p CURVE, THROUGH /'; CENTRAL
ANGLE OF 17 DEGREES 48 MINUTES 79 SECONDS, A DISTANCE OF 57 49 FEET;
THENCE NORTH 51 DEGREES 02 MINUTES 28 SECONDS WEST, A DISTANCE OF 3 41
FEET TO 7HE POINT OF BEGINNMG OF THE PARCEL HEREIN DESCRIBED,
PARCEL 2
A PORTION OF SCHISLER DRNE AND MAMIE KAl DRIVE AS RECORDED IN BOOK 60.
PAGE 1ti, RECORDS OF PIMA COUNTY, .ARIZONA, ALSO BEING A PORTION OF LAND
LOCATED iN THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 12 SOUTH,
RANGE 12 EAST OF THE GILA ANC? SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA.
DESCRIBED AS FOLLOWS•
COMMENCING AT A FOUND BRASS GAP FLUSH AT THE INTERSECTION OF NORTH
CORTARO-ROAD AND SILVERBELL ROAD;
THENCE NORTH 33 DEGREES 30 MINUTES 07 SECONDS EAST, ALONG THE
.CENTERLINE OF RAID GORTARO ROAD, A DISTANCE OF 732.52 FEET TO A PDINT OF
INTERSECTION WITH THE CENTERLINE OF MAMIE KA( DRNE AS SHOWN ON THE
RECORDED FINAL PLAT FOR PARCELS 56, 57 & 72, CONTINENTAL. RANCH, LOTS 1
THRU 10, RECORDED IN 800K fi0, PAGE 16 RECORDS OF PIMA COUNTY, ARIZONA;
THENCE SOUTH 56 DEGREES 29 MINUTES 53 SECONDS EAST, LEAVING SAID
CENTERLINE OF GORTARO ROAD AND ALONG SAID CENTERLINE OF MAMIE KAI
DRIVE, A DISTANCE OF 305.09 FEET TO A POINT OF CURVATURE TO THE RIGHT
HAVING A RADIUS OF 500.00 FEET,
THENCE CONTINUING ALONG SAID CENTERLINE OF MAMIE KAI DRIVE,
SOUTHEASTERLY ALONG 7HE ARG OF SAiO CURVE, THROUGH A CENTRAL ANGLE OF
14 DEGREES 26 MINUTES 39 SECONDS, A DISTANCE OF 126.Q5 FEET;
THENCE SOUTH 42 DEGREES 03 MINUTES 14 SECONDS EAST, C.ONTINUINGALONG
SAID CENTERLINE OF MAMIE KAI DRIVE. A DISTANCE OF 25'1.74 FEET TO A POINT OF
CURVATURE TQ THE LEFT HAVING A RADIUS OF 500.00 FEET;
THENCE CONTINUING ALONG SAID CENTERLINE QF MAMIE KAI DRIVE,
SOUTHEASTERLY ALONGTFiEARC OF SAID CURVE, THROUGH A CENTRALANGLE OF
08 DEGREES 59 MINUTES 19 SECONDS, A DISTANCE OF 78.44 FEET TO.A POINT OF
INTERSECTION WITH THE CENTERLINE OF SCHISLER DRIVE:
THENGE NORTH 38 DEGREES 57 MINUTES 27 SECONDS EAST, LEAVING SAID
CENTERLINE OF MAMIE KAI DRIVE AND ALONG THE CENTERLINE OF SCHISLER DRIVE
A DISTANCE OF 124.24 FEET AS SHOWN ON THE RECORDED FINAL PLAT-FOR
PARCELS 56,_S7 ~ 72, CONTINENTAL RANCH, LOTS 1 THRU 10, RECORDED 1N BOOK 60,
PAGE 18 RECORDS OF PIMA COUNTY, ARIZONA,
THENGE SOUTH 51 DEGREES 02 MINUTES 33 SECONDS EAST, LEAVING SAID
CENTERLINE OF SCHISLER DRIVE, A OESTANCE OF 25.00 FEET TO THE POINT OF
8E61NN1NG OF THE PARCEL HEREIN DESCRIBED, SAID POINT ALSO BEING ON A NON
TANGENT CURVE TO THE LEFT, OF WHICH THE RADIUS POINT LIES SOUTH 51
DEGREES 02 MINUTES 33 SECONDS EAST, A RADIAL [)!STANCE OF 185.00 FEET;
THENCE SOUTHWESTERLY ALONG THE ARG, THROUGH A CENTRAL ANGLE OF 77
DEGREES 48 AAINUTES 1S SECONDS, A DISTANCE OF 57.49 FEET TO A POINT OF
COMPOUND CURVATURE TO THE LEFT HAVING A RADIUS OF 40 00 FEET;
!seta N. stet. sweet, suite ~oz • scoasaei8, Az e~ao - asaazz~eo - asasaz-oyes tax
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THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE
OF BO DEGREES 23 hIIINUTES 22 SECONDS, A DI$'fANCE OF 42.16 FEETTO A POINT OF
COMPOUND CURVATURE TO THE LEFT HAVING A RADIUS OF 185.00 F'EE"i":
THENCE'SOUTHEASTERLYALOHG.THE ARC OF SAID CURVE, THROUGH A CENTRAL
ANGLE OF f7 DEGREES 3B MINUTES 18 SECONDS, A DISTANCE OF 56.85 FEET TO THE
ROINT OF CURVATURE OF A NON TANC3ENT CURVE 1"O THE LEFT, OF WMGH THE
RADIUS POINT LIES SOUTH 33 I]EGREES OT MINUTES 29 SECONDS WEST, A RADIAL
DISTANCE OF 425.0.0 FEET,
THENCE NORTHWESTERLY AIANC3 THE ARC'OF SAID GIJftVE, THROUGH A CENTRAL
ANGLE OF 03 DEGREES 29 MINUTES 38 SECONDS, A DISTANCE OF 25,92 FEET TO A
POINT OF.REVERSE CURVATURE TO THE RIGHT HAVING A RADIUS OF 80.00 FEET;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE
OF 89 DEGREES t9 MINUTES 35 SECONDS; A DISSTANCE OF 104.01 FEET
THENCE NORTH 38. DEGREES 37.MINUTES 27 SECONDS EAST, A DISTANCE OF 30 88
FEET TO THE POIiVT OF B.EGlNNING OFTHE PARCEL HEREIN DESCRIBED
'18414 N. 919t Street, Suite tD2 • SCOti6dalE, AZ 8526D • 413D-922-0780 + 48Q-822-0781 tax
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SURVEY lNNOVATIOIV L~BRSRY PARCEL
GROUP, INC PIMA GOUWTY, ,AR1~0[dA
Ph (480) ~ a7gp Land SurYeyllfg 5ervites ~ (480) 822 0789 Job ~ D5Q95 DWG; EIBRARY PARCEL DATE: DS/i 3/D
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TOWN COUNCIL
MEETING TOWN OF MARANA 9 MARANA ~
INFORMATION
gRIZOr~'
MEETING DATE: March 4, 2008 AGENDA ITEM: I. 5
TO: MAYOR AND COUNCIL
FROM: Keith Brann, P.E., Town Engineer
SUBJECT: Resolution No. 2008-39: Relating to Development; approving a
release of Assurance for The Villas at Continental Ranch and
acceptance of public improvements for maintenance.
DISCUSSION
This resolution will release the Assurance between Richmond American Homes of Arizona,
Fidelity National Title and the Town of Marana, regarding The Villas at Continental Ranch as
depicted on Exhibit A. The Villas at Continental Ranch subdivision is comprised of lots 1
through 50 and Common Areas `A1' through `A14, and `C1'.
In releasing said Assurance, the Town of Marana will accept for maintenance, including
regulatory traffic control signs and street signs, approximately 0.38 miles of the following paved
streets:
• Finfrock Drive
• Beltran Place
• Tinsley Place
• Blandford Drive
ATTACHMENTS
Exhibit A -Map of streets to be accepted
RECOMMENDATION
Staff recommends release of the Assurance for The Villas at Continental Ranch and acceptance
of the public improvements for maintenance.
SUGGESTED MOTION
I move to approve Resolution No. 2008-39.
The Villas at Continental Ranch Lots 1-SO Full Release
MARANA RESOLUTION N0.2008-39
RELATING TO DEVELOPMENT; APPROVING A RELEASE OF ASSURANCE FOR THE
VILLAS AT CONTINENTAL RANCH AND ACCEPTANCE OF PUBLIC IMPROVEMENTS
FOR MAINTENANCE.
WHEREAS, The Villas at Continental Ranch is a 12.14 acre subdivision located north of
Silverbell Road, and west of Coachline Boulevard, containing lots 1-50, and common areas
`A1'through `A4', and `C1', and is recorded at the Pima County Recorder's Office in Book 61 of
Maps and Plats, Page 71; and
WHEREAS, the Town has an Assurance for the completion of public improvements; and
WHEREAS, Richmond American Homes of Arizona, has completed the public
improvements acceptable to Town standards in accordance with the Assurance Agreement for
The Villas at Continental Ranch.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana as follows:
Section 1. The Villas at Continental Ranch is hereby released from the Assurance Agreement
with Richmond American Homes of Arizona under Trust 903.
Section 2. The Town accepts for maintenance, including maintenance of regulatory traffic control
and street signs, approximately 0.38 miles of the following paved streets as shown on Exhibit A:
• Finfrock Drive
• Beltran Place
• Tinsley Place
• Blanford Drive
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 4t1i day of March, 2008.
Mayor Ed Honea.
ATTEST:
APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk
Frank Cassidy, Town Attorney
Marana Resolution No. 2008-39
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TOWN COUNCIL
MEETING TOWN OF MARANA v MARANA ~
INFORMATION
gRIZON~'
MEETING DATE: March 4, 2008 AGENDA ITEM: I.6
TO: MAYOR AND COUNCIL
FROM: Keith Brann, P.E., Town Engineer
SUBJECT: Resolution No. 2008-40: Relating to Development; approving the
release of a Private Improvement Agreement for Linda Vista
Cinemas, lots 54 and 55 of Peppertree Ranch Business Park and
lot 12 of Continental Ranch Retail Centre, and acceptance of
public improvements for maintenance.
DISCUSSION
Approval of this resolution will release the Private Improvement Agreement between Marana
Cinema Associates, LLC, an Arizona corporation and the Town of Marana, regarding Linda
Vista Cinema as depicted on Exhibit A.
In releasing said Private Improvement Agreement, the Town of Marana will accept for
maintenance, including regulatory traffic control signs and street signs, approximately 970 linear
feet of sidewalk and appurtenances as depicted on Exhibit A.
ATTACHMENTS
Exhibit A -Map of streets to be accepted
RECOMMENDATION
Staff recommends that Mayor and Council release the Private Improvement Agreement for Linda
Vista Cinemas and accept the public improvements for maintenance.
SUGGESTED MOTION
I move to approve Resolution No. 2008-40.
Linda Vista Cinema Full Release
MARANA RESOLUTION N0.2008-40
RELATING TO DEVELOPMENT; APPROVING A RELEASE OF A PRIVATE
IMPROVEMENT AGREEMENT FOR LINDA VISTA CINEMAS, LOTS 54 AND 55 OF
PEPPERTREE RANCH BUSINESS PARK AND LOT 12 OF CONTINENTAL RANCH
RETAIL CENTRE, AND ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR
MAINTENANCE.
WHEREAS, Marana Cinema Associates, LLC, has completed the public improvements
acceptable to Town standards in accordance with the Private Improvement Agreement for Linda
Vista Cinema DPR 06-008.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana as follows:
Section 1. The Town accepts for maintenance, .including maintenance of regulatory traffic
control and street signs, 970 linear feet of sidewalk and the following appurtenances, as depicted
on Exhibit A.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 4th day of March, 2008.
Mayor Ed Honea.
ATTEST:
APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk
Frank Cassidy, Town Attorney
Marana Resolution No. 20080
Page 1 of 1
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TOWN COUNCIL
MEETING TOWN OF MARANA 9 Ma,izArvn ;
INFORMATION
gRIZUNh
MEETING DATE: March 4, 2008 AGENDA ITEM: I. 7
TO: MAYOR AND COUNCIL
FROM: Keith Brann, P.E., Town Engineer
SUBJECT: Resolution No. 2008-41: Relating to Streets; approving a release
of assurances for Silver Shadows and acceptance of public
improvements for maintenance.
DISCUSSION
This resolution will release the Assurance between Silver Shadows Development., First
American Title Insurance Company ,under Trust No. 9090 and the Town of Marana, regarding
Silver Shadows as depicted on Exhibit A. Silver Shadows is comprised of lots 1 through 7.
In releasing said Assurance, the Town of Marana will accept for maintenance, including
regulatory traffic control signs and street signs, approximately 0.19 miles of the following paved
streets:
• Silver Shadows Heights
ATTACHMENTS
Exhibit A -Map of streets to be accepted
RECOMMENDATION
Staff recommends Mayor and Council release the Assurance for Silver Shadows and accept the
public improvements for maintenance.
SUGGESTED MOTION
I move to approve Resolution No. 2008-41.
Silver Shadows Lots 1-7 Full Release
MARANA RESOLUTION N0.2008-41
RELATING TO DEVELOPMENT; APPROVING A RELEASE OF ASSURANCE FOR
SILVER SHADOWS AND ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR
MAINTENANCE.
WHEREAS, Silver Shadows is a 24.34 acre subdivision located north of Ina Road and
west of Silver Shadows, containing lots 1-7 and is recorded at the Pima County Recorder's
Office in Book 59 of Maps and Plats, Page 76; and
and
WHEREAS, the Town has Assurance assuring the completion of public improvements;
WHEREAS, Silver Shadows Development has completed the public improvements
acceptable to Town standards in accordance with the Assurance Agreement for Silver Shadows.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana as follows:
Section 1. Silver Shadows is hereby released from the Assurance Agreement with First American
Title Insurance Company, under Trust 9090.
Section 2. The Town accepts for maintenance, including maintenance of regulatory traffic control
and street signs for maintenance approximately 0.19 miles of the following paved street as shown
on Exhibit A:
• Silver Shadows Heights
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 4th day of March, 2008.
ATTEST:
Jocelyn C. Bronson, Town Clerk
Mayor Ed Honea.
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Marana Resolution No. 2008-41
Page 1 of 1
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MINUTES OF REGULAR COUNCIL MEETING
MARANA MUNICIPAL COMPLEX
DATE: January 22, 2008
PLACE AND DATE
Marana Municipal Complex
A. CALL TO ORDER AND ROLL CALL
By Mayor Honea at 7:00 p.m.
COUNCIL
Ed Honea Mayor Present
Herb Kai Vice Mayor Present
Russell Clanagan Council Member Present
Patti Comerford Council Member Present
Carol McGorray Council Member Present
Roxanne Ziegler Council Member Absent/Excused
STAFF
Mike Reuwsaat Town Manager Present
Gilbert Davidson Deputy Town Manager Present
Deb Thalasitis Assistant Town Manager Present
Frank Cassidy Town Attorney Present
Jocelyn Bronson Town Clerk Present
B. PLEDGE OF ALLEGIANCE AND INVOCATION/MOMENT OF SILENCE
Led by Mayor Honea.
C. APPROVAL OF AGENDA
Moved by Council Member Patti Comerford, Seconded by Council Member Carol
McGorray. Approved unani~nous[y.
D. CALL TO THE PUBLIC
Larry Ott, President of Sunflower Homeowners Association in Continental Ranch, thanked
the Council for selecting a new member to Council. Mr. Ott requested that the Council
respond to the SHOA as to a schedule regarding the resurfacing and maintenance of streets
within the Sunflower Active Adult Community in Continental Ranch that had previously
been postponed. Secondly he asked for continued drive thru patrols by MPD within the
community in particular later in the evening.
Michael Cox, expressed concern about a pre-school (Community Christian) in his
neighborhood that lines their playground with used railroad ties which, as researched by Mr.
Cox, are rather toxic as they contain Creosote. He wanted to bring this to the Council's
attention in the hopes that something be done about it.
1
MINUTES OF REGULAR COUNCIL MEETING
MARANA MUNICIPAL COMPLEX
DATE: January 22, 2008
Ed Stolmaker, President and CEO of the Marana Chamber of Commerce /Board Member
of the Marana Health Center, thanked the Council, staff and the residents of the community
for their support of the Marana Health Center's 50th Anniversary celebration held this past
Saturday.
Kathleen Kennedy, representing the Coalition for Sonoran Desert Protection 300 E.
University Blvd, in regards to the Town's acceptance in the filing of the DeAnza
Referendum and a potential lawsuit from Red Point Development; requested (on behalf of
the Coalition) that the Council reject the demands of Stubbs & Schubart, PC. She also asked
that the Council, "support the legitimacy of the Town's process as well as the work done by
the staff'.
E. PRESENTATIONS
1. Presentation: Presentation on the 2008 State and Federal Legislative Agenda Priority
Issues Packets
Josh Wright thanked the interns, Garrett Culver and Rebecca Kunsberg, for their hard
work on this presentation. Mr. Wright explained that these packets include research and
policy writing of the hot button issues for the year on both State and Federal levels. The
issues are broken down into two types of projects; 1) project-based, which asks for a
specific request or an authorization of funds for a specific project within the Town; and 2)
Lobbying on a general issue that would affect municipalities and the Town in the future.
Vice Mayor Kai commented that the Town should support the Solar Alternative Energy
protocols from the Governor. Vice Mayor Kai also suggested that the Multi-Species
Conservation Plan was very important as it will ensure that water would not be
interrupted..
ANNOLJNCEMENTS/UPDATES
PROCLAMATIONS -
F. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS
Council Member Carol McGorray attended the State of the State Address given by the
Governor of Arizona. She also stated that she was at the media conference today regarding
the Accenture Match Play Championship that will be held on February 18-24th at The Gallery
Golf Club at Dove Mountain, South Course.
Mayor Ed Honea talked about being at the 50th Anniversary Celebration of the Marana
Health Center. The Mayor congratulated the Health Center for a having "first class event"
that included keynote speaker, Congresswoman Gabrielle Giffords.
2
MINUTES OF REGULAR COUNCIL MEETING
MARANA MUNICIPAL COMPLEX
DATE: January 22, 2008
G. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS
Mike Reuwsaat added that the Marana Health Center was the first facility of its kind in the
State of Arizona. Mr. Reuwaat also stated that Arizona Governor Janet Napolitano has
accepted the honorary chair position of raising funds locally for the Health Center. Mr.
Reuwaat introduced a new employee, Stephen Romero. Stephen holds the position of
Intergovernmental affairs Administrator.
Mr. Romero thanked the Council for the opportunity of working for the Town of Marana.
He also commented that he looks forward to working with the Council and staff.
H. STAFF REPORTS
GENERAL ORDER OF BUSINESS
I. CONSENT AGENDA
J. COUNCIL ACTION
1. PUBLIC HEARING. Ordinance No. 2008.03: Relating to Development; approving
and authorizing a rezoning for Gladden Farms Blocks 14, 15 & 25
Kevin Kish explained'this proposed ordinance as described on the Council report.
Motion: Approve, Moved by Council Member Russell Clanagan, Seconded by Council
Member Carol McGorray.
2. a. Ordinance No. 2008.04: Relating to Traffic; regulating construction in town
rights-of--way; establishing a permit process; providing penalties for violation;
amending Title 12 of the Marana Town Code by renaming Title 12; adding Chapter
12-7; renumbering existing Chapter 12-7; and declaring an emergency
Jane Fairall addressed as to the modifications made since January 8, 2008. One of these
changes was to guarantee the pavement cuts. Originally the guarantee was until the
pavement is five years old. The updated version states that the pavement either is five
years old or for one year, whichever period is longer. The second change has to do with
requiring applicants for a permit to post cash assurances for work in the rights-of--way.
Also third party trust forms of insurance will not be accepted for this kind of work. Ms.
Fairall thanked Keith Brann and James Flores. Mr. Flores brought this issue to the
attention of the Town Attorney's Office, as there was an issue enforcing the ordinance.
Motion: Approve, Moved by Council Member Carol McGorray, Seconded by lice
Mayor Herb Kai.
MINUTES OF REGULAR COUNCIL MEETING
MARANA MUNICIPAL COMPLEX
DATE: January 22, 2008
b. Resolution No. 2008-12: Relating to Traffic; declaring the revisions to Town
Code Title 12 adopted by Marana Ordinance No. 2008.04 as a public record filed
with the Town Clerk; and declaring an emergency
Jane Fairall stated to the Council that this Resolution will declare Ordinance No.
2008.04 a public record and to assist in publishing.
Motion: Approve, Moved by Council Member Carol McGorray, Seconded by Vice
Mayor Herb Kai.
3. Resolution No. 2008-13: Relating to Public Works; approving and authorizing the
acquisition of certain property for the Camino de Manana/Dove Mountain extension
project; and declaring an emergency
Cedric Hay stated that this would be the time to purchase this property as is,
undeveloped as it has the potential to be involved in many development projects in the
future.
Motion: Approve, Moved by Vice Mayor Herb Kai, Seconded by Council Member Carol
McGorray.
K. BOARDS, COMMISSIONS AND COMMITTEES
L. ITEMS FOR DISCUSSION/POSSIBLE ACTION
1. Discussion and direction to staff concerning a request by the Southern Arizona
Homebuilders' Association to liberalize temporary signage requirements within
Town right-of-way and for offsite real estate project directional signs
Frank Cassidy addressed the issue as described in the.Council information.
Blair Anderson, representing SAHBA, asked the Council to delay on a decision as to
temporary signage. Mr. Anderson stated that SAHBA is open to ideas such as time
frames and registering the locations of signs. Council Member Patti Comerford
mentioned that in the past it seemed that prior signage was ignored or let go from Friday
- Sunday. Council Member Russell Clanagan added that he would be reluctant to
make any changes to the current signage code.
2. State Legislative Issues: Discussion/Direction/Action regarding all pending bills
before the Legislature
Mike Reuwsaat stated that a new Federal Lobbyist recommendation will be made to
replace Art Chapa. He also mentioned that there could be an amended legislative package
regarding the Tangerine Interchange if there is funding available.
M. EXECUTIVE SESSIONS
4
MINUTES OF REGULAR COUNCIL MEETING
MARANA MUNICIPAL COMPLEX
DATE: January 22, 2008
1. Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for
discussion or consultation for legal advice with the Town Attorney concerning any
matter listed on this agenda.
2. Executive Session pursuant to A.R.S. §38-431.03(A)(3),(4),(6) and (7) for legal advice
with the Town Attorney concerning water rights and water service issues and to
consult with and instruct the Town Attorney and the Town Manager concerning the
lawsuit entitled Town of Marana v. Pima County, Maricopa County Superior Court
No. CV2008-001131, and to direct the Town Manager and Town Attorney with
respect to that litigation and other water rights and water service issues (Frank
Cassidy)
3. Executive Session pursuant to A.R.S. §38-431.03(A)(3),(4),(6) and (7) for legal advice
with the Town Attorney concerning annexation of the Marana Wastewater
Treatment Facility and to consult with and instruct the Town Attorney and the
Town Manager concerning the lawsuit entitled Pima County v. Town of Marana,
Pima County Superior Court No. 020077448, and to direct the Town Manager and
Town Attorney with respect to that litigation (Frank Cassidy)
4. Executive Session pursuant to A.R.S. §38-431.03 (A)(4) and (7) to consider the
Town's position and instruct its representatives regarding negotiations for the
purchase of property rights needed for the Camino de Maiiana/Dove Mountain
extension project, CIP number 2001-052, from the parcel of property generally
identified as Pima' County Assessor's parcel number, 219-35-0130.
5. Executive Session pursuant to A.R.S. §38-431..03 (A)(4) and (7) to consider the
Town's position and instruct its representatives regarding negotiations for the
purchase of property rights needed for the Twin Peaks interchange project, CIP
number 2001-44, from the parcels of property generally identified as Pima County
Assessor's parcel numbers, 226-15-0090, 226-15-0130, 226-15-008B, 226-15-017B,
226-15-O18B and 226-15-019A, and to instruct the Town's attorneys in settlement
negotiations and contemplated condemnation proceedings relating to the same
property rights.
Public Session: Motion: Approve the purchase of property listed as Parcel 226-15-
0130. Moved by Council Member Russell Clanagan, Seconded by Council Member
Patti Comerford. Approved unanimously.
6. Executive Session pursuant to A.R.S. §38-431.03 (A)(3) and (4) for
discussion and consultation for legal advice and to and consider the Town's
position and instruct its attorneys regarding the January 10, 2008 demand
5
MINUTES OF REGULAR COUNCIL MEETING
MARANA MUNICIPAL COMPLEX
DATE: January 22, 2008
letter from G. Lawrence Schubart reference Referendum 2007-01 against
DeAnza Specific Plan, Ordinance No. 2007.27
Public Session: Motion: Moved by Council Member Patti Comerford, Seconded by
Council Member Carol McGorray to reject the lawsuit Approved unanimously. (Vice
Mayor Kai excused himself from the executive session and the vote, declaring a
conflict of interest)
Frank Cassidy, as a clarification for the record, they did not have Executive Session on
items; M-2 & M-3 no new developments and M-4 had been passed by the Council during
Council Action, Resolution No. 2008-13.
N. FUTURE AGENDA ITEMS
O. ADJOURNMENT
Motion: Adjourn, Moved by Council Member Russell Clanagan, Seconded by Council
Member Carol McGorray.
CERTIFICATION
I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council
meeting held on January 22, 2008. I further certify that a quorum was present.
Jocelyn C. Bronson, Town Clerk
6
MINUTES OF SPECIAL COUNCIL MEETING
MARANA MUNICIPAL COMPLEX
DATE: January 22, 2008
PLACE AND DATE
Marana Municipal Complex
A. CALL TO ORDER AND ROLL CALL
By Mayor Honea at 5:00 p.m.
COUNCIL
Ed Honea Mayor Present
Herb Kai Vice Mayor Present
Russell Clanagan Council Member Present
Patti Comerford Council Member Present
Carol McGorray Council Member Present
Roxanne Ziegler Council Member Present
STAFF
Mike Reuwsaat Town Manager Present
Gilbert Davidson Deputy Town Manager Present
Deb Thalasitis Assistant Town Manager Present
Frank Cassidy Town Attorney Present
Jocelyn Bronson Town Clerk Present
B. PLEDGE OF ALLEGIANCE AND INVOCATION/MOMENT OF SILENCE
Dispensed until the regular meeting.
C. APPROVAL OF AGENDA
Motion: 6y Council Member McGorray, second by Council Member Ziegler. Passed
unanirreously.
D. COUNCIL ACTION
Relating to Mayor and Council; public statement by prospective Council member
candidates; discussion about and interviews of candidates of Mayor and Council's
choosing; and possible appointment of a new Council member to fill the vacancy
created by the resignation of Tim Escobedo (Frank Cassidy)
The following candidates made three-minute presentations to Council regarding
their desire to be appointed to fill the vacant seat: Renee Abbett, Arnold Burruel,
Cheryl A. Cage, Thom K. Cope, Phillis M. Farenga, Karen Liessmann, Daniel Lust,
Jon Post, Henry C. Stoles, Larry Steckler, Bret Summers, Stephen M. Weeks, Terri
Winger and Dave Wostenberg.
MINUTES OF SPECIAL COUNCIL MEETING
MARANA MUNICIPAL COMPLEX
DATE: January 22, 2008
Mayor Honea: Explained to the Council going into an executive session with Town
Attorney Frank Cassidy to determine the criteria on how they will narrow down the field
of prospective candidates to be interviewed. They will return to public session to vote on
that criteria. Once criteria has been approved they will go forth with interviews of the
chosen candidates.
Council Member Clanagan: Thanked all of the potential candidates for getting
involved in this process as well as thanking their respective families for their support.
Encouraged those candidates that don't get selected to get involved with the community if
not already doing so.
Motion by Council Member Clanagan to adjourn to Executive Session, second by
Council Member Ziegler. Passed unanimously.
E. EXECUTIVE SESSIONS 4645
1. Executive Session pursuant to A.R.S. §38-431.03 (A)(1), for discussion about and
interviews of prospective Council member candidates of Mayor and Council's
choosing.
Frank Cassidy: Summarized a process that Council discussed in Executive Session to
determine the finalists for interviews. Mr. Cassidy asked for a motion to approve the
following procedure: each Council member may choose up to five people to be
interviewed. They will be listed in their order of preference. The first person on each
Council member's list will be given 9 points, the second person on each Council
member's list will be given 7 points, the third person will be given 5 points, the fourth
person will 1~e given 3 points, and the fifth person will be given 1 point. That list of
names will be turned over to the Town Attorney for a calculation of the candidates who
have the five highest votes. Those five people, and if there is a tie for 5th place, it might
be more than five, but in any event, those people will be invited for an interview of the
Council in executive session. There is a prepared list of what is now 8 questions that
each Council candidate will be asked. Each council candidate who is invited for an
interview will also have the option under Arizona Law to have their interview occur in
the public session if they so choose. He asked for a motion approving that procedure.
Motion by Council Member McGorray to approve the motion as explained by Frank
Cassidy, second by mice Mayor Kai. Passed unanimously.
The Council than set forth the approved process and filled out their lists.
Frank Cassidy tallied the lists; Arnold Burruel, Thom Cope, Jon Post, Larry
Steckler and Terri Winger were selected for interviews.
Mayor Honea: Stated that he appreciated everybody's (potential candidates for Council
seat) applications and encouraged them to stay involved with the town.
None of the potential interviewees chose to have a Public Interview.
2
MINUTES OF SPECIAL COUNCIL MEETING
MARANA MUNICIPAL COMPLEX
DATE: January 22, 2008
Motion by Council Member Clanagan to go into executive session, second by Council
Member McGorray. Passed unanimously.
Council returned to public session at 8:04 p.m
Mayor Honea: Asked for nomination.
Council Member Clanagan: Mr. Mayor, I have a nomination but I also have a question.
The initial requirement for this position said that they had to submit a cover letter and a
resume. When the position closed on Friday, I had a cover letter from Mr. Post, I did not
have a resume, I did get one tonight. Did that come in before Friday?
Mayor Honea: I can tell you that when I talked to several of the people I just told them
to make them, make it known through writing, that it wasn't a requirement to get your
name on the list. It was just general information.
Council Member Clanagan: "Okay. I have a motion. I'd like to nominate Terri Winger
for the Council vacancy."
Council Member Ziegler: "Second"
Frank Cassidy: "Mr. Mayor, as a point of order, I hate to interrupt here, but according
to the Code, it should be a motion to appoint, there are no nominations anymore, you go
straight to appointment, so if this could be taken as a motion to appoint.
Council Member Clanagan: "I make a motion to appoint Terri Winger to the Council"
Council Member Ziegler: "Second''
Mayor Honea: "Ms. Bronson, poll the Council please"
Jocelyn Bronson: "Mayor Honea - "no", Vice Mayor Kai - "nay", Council Member
Clanagan - "yes", Council Member Comerford - "no", Council Member McGorray -
"no", Council Member Ziegler - "yes." Mr. Mayor, that is 4 No and 2 Yes.
Mayor Honea: ``Thank you. Do we have another move to appoint? Vice Mayor?"
Vice Mayor Kai: "No."
Mayor Honea: "Council Member McGorray?"
Council Member McGorray: "I move to appoint Jon Post to the vacant Marana Town
Council seat to fulfill the remaining term of former Council Member Tim Escobedo."
Vice Mayor Kai: "Second."
3
MINUTES OF SPECIAL COUNCIL MEETING
MARANA MUNICIPAL COMPLEX
DATE: January 22, 2008
Mayor Honea: "Been moved and seconded, please poll the Council."
Jocelyn Bronson: "Mayor Honea - "Aye", Vice Mayor Kai - "Aye", Council Member
Clanagan - "No", Council Member Comerford - "Aye", Council Member McGorray -
"Aye", Council Member Ziegler - "Nay." Mr. Mayor, that is 4 Yes and 2 Nay for Jon
Post.
Mayor Honea: "Mr. Post, you will be sworn in, hopefully tomorrow, to fulfill, can we do
it tonight? Can do we have it right now? Ok then we'll do it right now."
Frank Cassidy: "Mr. Mayor, as a point of order the Town Code does refer to a resume,
so as did the notice that we sent out so for whatever that's worth. Now, what a resume
constitutes is another question and obviously the Council has appointed Mr. Post based
on the materials submitted, but I did want to mention that."
Council Member Clanagan: "Then I have a question. Then the information that we
used to make the decision was the notice of submitted by Jon, that is date stamped, then
the resume came in, did that come in before? I guess my question is when did that come
in?"
Jon Post: Inaudible Audio Mr. Post was not on a microphone.
Frank Cassidy: "Mr. Mayor, as with bids, when people submit bids to do work, this
kind of irregularity is waivable, and I would just suggest that the Council take a vote to
waive the irregularity. I would point out also, by the way, that the Code also refers to an
application and we never have required an application because we don't have an
application form. So we already have an express term in the Code that we don't strictly
follow. And so if it's the Council's desire to waive that appearing irregularity I would
recommend that you do so by a motion at this point.
Mayor Honea: "Do we have a motion. Vice Mayor Kai."
Vice Mayor Kai: "Mr. Mayor I move to waive the irregularity of the late submission of
the resume."
Mayor Honea: "I will second." "All in favor?"
Council Member Clanagan: "I'm opposed."
Council Member Ziegler: "I'm opposed. Nay"
Mayor Honea: "I think it passed 4 to 2. As Mr. Cassidy said, we don't really have a
formal application either, than just sending a letter, so I think we're just playing
semantics here."
4
MINUTES OF SPECIAL COUNCIL MEETING
MARANA MUNICIPAL COMPLEX
DATE: January 22, 2008
Council Member Clanagan: "Mr. Mayor, I have to respond to that. I'm not playing
semantics. The requirement said a resume and a cover letter. We had 13 people put
together pretty detailed cover letter and a resume. We had one gentleman who put
together a cover letter without a resume. His resume came in today and he received an
appointment today. I think that's relevant, I don't' think that's playing semantics."
Council Member Ziegler: "I'd like to respond to that also, it's not semantics. If
someone can't understand the simple rules on how to put the paperwork in, and the
majority did it correctly and one gentleman did it wrong, again I don't think that
semantics either. Thank you for the record."
The Town Clerk administered to the Loyalty Oath to newly appointed Council Member
Jon Posz
Council Member Ziegler: "Mr. Mayor, I'd like to be asked to be excused for the rest of
this session, I'm very ill, I apologize. Thank you."
Mayor Honea: "Thank you Council Member Ziegler."
F. FUTURE AGENDA ITEMS
G. ADJOURNMENT
Upon motion of Council Member Clanagan, second by Council Member McGorray,
Council unanimously voted to adjourn.
CERTIFICATION
I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council
special meeting held on January 22, 2008. I further certify that a quorum was present.
Jocelyn C. Bronson, Town Clerk
5
MINUTES OF SPECIAL SESSION COUNCIL MEETING
MARANA MUNICIPAL COMPLEX
DATE: FEBRUARY 5, 2008
PLACE AND DATE
Marana Municipal Complex
A. CALL TO ORDER AND ROLL CALL
By Mayor Honea at 7:00 p.m.
COUNCIL
Ed Honea Mayor Present
Herb Kai Vice Mayor Present
Russell Clanagan Council Member Excused
Patti Comerford Council Member Present
Carol McGorray Council Member Present
Jon Post Council Member Present
Roxanne Ziegler Council Member Present
STAFF
Mike Reuwsaat Town Manager Present
Gilbert Davidson Deputy Town Manager Present
Deb Thalasitis Assistant Town Manager Present
Frank Cassidy Town Attorney Present
Jocelyn Bronson Town Clerk Present
B. PLEDGE OF ALLEGIANCE AND INVOCATION/MOMENT OF SILENCE
Mayor Honea gave the invocation.
C. APPROVAL OF AGENDA
Motion Action: Approve, Moved by Council Member Carol McGorray Seconded by
Council Member Patti Comerford.
D. CALL TO THE PUBLIC
Ed Stolmaker spoke regarding the Marana Chamber staff report.
David Morales spoke regarding his concern of inconsistency of the Council Agenda noticing
with Arizona Revised Statutes.
Linda Lujan spoke regarding a vehicle purchase incident and her concern with how Marana
Police Department handled the situation.
E. PRESENTATIONS
1. Presentation: Development Services Process Improvement Initiative (DSPII)
Josh Wright gave a presentation on the Development Services Process
Improvement Initiative. Copies of the presentation are available for viewing in
the Town Clerk's Office.
1
MINUTES OF SPECIAL SESSION COUNCIL MEETING
MARANA MUNICIPAL COMPLEX
DATE: FEBRUARY 5, 2008
2. Presentation: CIP Project Status Update (Ryan Benavides)
Barbara Johnson gave an update on the CIP Project Status. Copies of the
presentation are available for viewing in the Town Clerk's Office.
ANNOUNCEMENTS/UPDATES -Accenture Match Play/Parade of Homes
PROCLAMATIONS -
F. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS
Mayor Honea welcomed Jon Post to the Council. He invited the citizens to visit the Parade
of Homes and Accenture Match Play. Mayor Honea stated that Mike Reuwsaat received the
award of "Appointed Official of the Year" at the SABHA aimual appointment of officer's
dinner.
G. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS
Gilbert Davidson spoke regarding the SABHA Parade of Homes and the Accenture Match
Play. The Parade of Homes will run through February 17`h and includes 7 multimillion dollar
homes. He encouraged Council and the community to attend the Spirit of Marana Day on
February 16th. The Accenture Match Play will run from February 18 - 24th at the Gallery
Golf Club. This event features the 64 top players in the world and will be televised in over
140 countries. Mr. Davidson then stated. that several Town employees gathered with the
Pima Association of Governments to do a street clean-up in the City of Tucson.
H. STAFF REPORTS
GENERAL ORDER OEBUSINESS
I. CONSENT AGENDA
Motion Approve, Moved by Vice Mayor Herb Kai, Seconded by Council Member Carol
McGarray.
1. Resolution No. 2008-14: Relating to Intergovernmental Relations; authoring and
directing those authorized to lobby on behalf of the Town of Marana to represent
and pursue the Town of Marana 2008 Legislative Agenda Priority Issues
2. Resolution No. 2008-15: Relating to Liquor Licenses; approval and recommendation
to the State Liquor Board for a new license for a No. 12 (Restaurant) liquor license
submitted by Marcus Stanley Cooper on behalf of Fire Sands Grill, located at 4165
W. Ina Road #101
3. Resolution No. 2008-16: Relating to Community Development; authorizing and
approving the reallocation of existing affordable housing funding from the
Employer Assisted Housing Program to support the master planning process for the
Honea Heights Neighborhood Redevelopment Project
2
MINUTES OF SPECIAL SESSION COUNCIL MEETING
MARANA MUNICIPAL COMPLEX
DATE: FEBRUARY 5, 2008
4. Resolution No. 2008-17: Relating to Professional Services; approving and
authorizing the Mayor to execute a Lobbying Services Agreement with Michael C.
Jimenez
5. Approval of Barrio Hollywood Neighborhood Association `Fiesta Grande' -mobile
stage request
6. Minutes of the December 11, 2007 special session, December 18, 2007 regular
meeting and the January 4, 5, and 6, 2008 Strategic Planning Session
J. COUNCIL ACTION
1. Resolution No. 2008-18: Relating to Mayor and Council; adopting the Town
Council Code of Teamwork and Cooperation
Mayor Honea spoke regarding the January 4-6t1i, 2008 Strategic Planning session. He
stated that Council and staff discussed many things they would like to work on and
operate by -the Council Code of Teamwork and Cooperation.
Motion: Action: Approve, Moved by Council Member Carol McGorray, Seconded by
Vice Mayor Herb Kai.
2. Resolution No. 2008-19: Relating to Floodplain Management; approving and
authorizing the Mayor to execute an intergovernmental agreement with the Arizona
State Land Department to participate in funding the Town of Marana's technical
drainage studies for submission to the Federal Emergency Management Agency;
and declaring an emergency
Frank Cassidy presented the intergovernmental agreement and stated that the Arizona
State Land Department is contributing $25,000'o the floodplain analysis.
Motion: Action: Approve, Moved by Council Member Patti Comerford, Seconded by
Council Member Carol McGorray.
3. Resolution No. 2008-20: Relating to Water; authorizing the staff of the Town of
Marana to reimburse groundwater withdrawal fees paid by the Cortaro-Marana
Irrigation District as a result of the Town of Marana's efforts to secure Arizona
Department of Water Resources recognition of all or part of Cortaro-Marana
Irrigation District's subsurface Santa Cruz River flow as surface water
Council Member Jon Post and Vice Mayor Herb Kai declared conflicts of interest
Frank Cassidy stated that a groundwater pumping fee has to be paid by anyone with
groundwater rights and can be as much as $5.00. Staff anticipates that the Town will
approach the State Department of Water Resources concerning the surface water right
that CMID has; 29,100 acre feet. He stated that the Town could use that water because
surface water does not have to be replenished. Mr. Cassidy stated that it would be
appropriate since the Town is the one pushing the item, that if it does result that CMID
has to pay the pumping fee, that Town staff would be authorized to pay it.
Motion: Action: Approve, Moved by Council Member Carol McGorray, Seconded by
Council Member Patti Comerford
MINUTES OF SPECIAL SESSION COUNCIL MEETING
MARANA MUNICIPAL COMPLEX
DATE: FEBRUARY 5, 2008
4. Resolution No. 2008-21: Relating to Development; authorizing staff to enter into a
contract conditioned upon the acquisition of the wastewater conveyance system with
Algonquin Environmental Services for the purpose of performing contract
operations services for non-flow through wastewater collection facilities within
Town limits; and declaring an emergency
Barbara Johnson spoke regarding a contract for operations services for non-flow through
wastewater collection facilities within Town limits. She stated that Algonquin
Environmental Services was selected out of the two bids received based on best value.
She clarified the bid amounts with Council and assured them that Algonquin was
qualified to do the work. Vice Mayor Kai suggested that a performance bond be executed
with Algonquin prior to beginning the work. Brad DeSpain stated that staff has taken the
time to visit other areas using Algonquin and were assured that Algonquin will respond
timely and will have the proper equipment on site to handle an emergency situation.
Motion: Action: Approve, Moved by Council Member Roxanne Ziegler, Seconded by
Vice Mayor Herb Kai.
5. Resolution No. 2008-22: Relating to Utilities; approving and authorizing the Mayor
to execute an intergovernmental agreement amendment and an assignment
agreement with Pima County to take over and complete the Honea Heights sewer
project; and declaring an emergency
Frank Cassidy stated that this intergovernmental agreement amendment allows the Town
to begin taking over the sewer project in Honea Heights.
Motion: Action: Approve, Moved by mice Mayor Herb Kai, Seconded by Council
Member Jon Posh
K. BOARDS, COMMISSIONS AND COMMITTEES
L. ITEMS FOR DISCUSSION/POSSIBLE ACTION
M. EXECUTIVE SESSIONS
Motion to move to Executive Session at 8:17pm: Moved by Council Member Carol
McGorray, Seconded by Council Member Patti Comerford
Council returned to dais at 9:02 pm
1. Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for
discussion or consultation for legal advice with the Town Attorney concerning any
matter listed on this agenda.
2. Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), discussion or
consultation for legal advice with the Town's attorneys and discussion and to
consider its position and instruct the Town Manager and staff concerning various
water rights, water service, water acquisition, sewer service and related issues,
including without limitation (a) the lawsuit entitled Town of Marano v. Pima
County, Maricopa County Superior Court No. CV2008-001131, (b) the lawsuit
4
MINUTES OF SPECIAL SESSION COUNCIL MEETING
MARANA MUNICIPAL COMPLEX
DATE: FEBRUARY 5, 2008
entitled Pima County v Town of Marana, Pima County Superior Court No.
020077448, (c) possible acquisition of Tucson Water infrastructure and accounts
located within the Marana town limits, (d) the Honea Heights Sewer project, and (e)
certain confidential water resources that are the subject of the Water Services
Consulting Agreement entered into by Resolution No. 2007-51.
3. Executive Session pursuant to A.R.S. §38-431.03 (A)(4) and (7) to consider the
Town's position and instruct its representatives regarding negotiations for the
purchase of property rights needed for the Twin Peaks interchange project, CIP
number 2001-44, from the parcels of property generally identified as Pima County
Assessor's parcel numbers, 226-15-0090, 226-15-008B, 226-15-017B, 226-15-018B
and 226-15-019A, and to instruct the Town's attorneys in settlement negotiations
and contemplated condemnation proceedings relating to the same property rights.
Motion: Authorizing staff to proceed in a matter consistent as discussed in Executive
Session, Action: Approve, Moved by Vice Mayor Herb Kai, Seconded by Council Member
Carol McGorray.
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
Motion: Adjourn, Moved by Council Member Carol McGorray, Seconded by Council
Member Patti Comerford.
CERTIFICATION
I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council
meeting held on February 5, 2008. I further certify that a quorum was present.
Jocelyn C. Bronson, Town Clerk
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TOWN COUNCIL
MEETING TOWN OF MARANA v MARANA ~
INFORMATION ga~zoN~
MEETING DATE: March 4, 2008 AGENDA ITEM: J. 1
TO: MAYOR AND COUNCIL
FROM: T. VanHook, Community Development Director
SUBJECT: Resolution No. 2008-42: Relating to Community Development:
granting discretionary funding in the form of entertainment
credits to the Flying Tigers of Marana High School, a student
grassroots organization, to support "The Bowling Fiesta", a
practice tournament for Marana's school-based Special Olympics
Teams.
DISCUSSION
Marana High School's Flying Tigers (Special Olympics Team) is planning to hold a
"Bowling Fiesta" as a practice tournament in preparation for the 2008 state-wide games. The
Flying Tigers were established more than 15 years ago and have competed each year. Current
team members range in age from 14 - 21 and compete in awide-variety of disciplines. As a
group, the Flying Tigers raise funds to support their sports and community activities and to
purchase supplies for their classroom.
The Bowling Fiesta will be a mock tournament providing practice for the Flying Tigers.
Students will be inviting community members and Special Olympics Teams from Tortolita
Middle School, Marana Middle School, and Mountain View High School to join them for
competitive bowling followed by food and fun. Students from the Flying Tigers worked with the
Town and school staff to complete a Discretionary Funding Application and will be submitting
the commitment letter required for grassroots organization without a 501 (c) 3 designation. The
commitment will be signed by members of the Team and everyone involved in event planning.
The Flying Tigers are requesting use of the Entertainment Credit Account for one (1) hour of
bowling. They will be paying for food and drinks from their school fundraising account.
RECOMMENDATION
Staff recommends awarding Entertainment Credits to the Flying Tigers of Marana High School
in support of "The Bowling Fiesta" providing practice for the 2008 Special Olympics activities.
SUGGESTED MOTION
I move to adopt Resolution No. 2008-42.
MARANA RESOLUTION N0.2008-42
RELATING TO COMMUNITY DEVELOPMENT: GRANTING DISCRETIONARY
FUNDING IN THE FORM OF ENTERTAINMENT CREDITS TO THE FLYING TIGERS OF
MARANA HIGH SCHOOL, A STUDENT GRASSROOTS ORGANIZATION, TO SUPPORT
"THE BOWLING FIESTA," A PRACTICE TOURNAMENT FOR MARANA'S SCHOOL-
BASED SPECIAL OLYMPICS TEAMS.
WHEREAS, the Town of Marana has established a discretionary fund to support local
non-profit and grassroots organizations forwarding the priorities set by Mayor and Council; and
WHEREAS, Mayor and Council recognize the need to promote programs that encourage
positive activities for Marana youth and families; and
WHEREAS, the Town of Marana has an Entertainment Credit per the development
agreement (Resolution No. 2003-21) with Spare Time Family Entertainment Center, L.L.C.
owners of Bedroxx that maybe used at the discretion of the Mayor and Council to cover
expenses for a youth community and school events; and
WHEREAS, Marana High School's Flying Tigers Special Olympics Team a grassroots
organization is holding "The Bowling Fiesta" at Bedroxx to promote positive activities.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, grant the Flying Tigers of Marana High School use of the
Entertainment Credit to provide a positive activity for Marana youth at the 2008 "Bowling
Fiesta."
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 4th day of March, 2008.
ATTEST:
Jocelyn C. Bronson, Town Clerk
Mayor Ed Honea
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Marana High School Special Olympics Bowling Team Results
for the 2007 Season
The Marana High School Special Olympics team competed in the
Pima County Bowling Tournament on Friday, October 26, 2007. Two
bowlers on our team set new personal best scores. We earned one gold
medal, eight silver medals, one bronze medal, three 4"' place ribbons and
four 5`'' place ribbons. An athlete from our team led the Special Olympics
oath at Opening Ceremonies.
Then we competed in the Arizona State Special Olympics Bowling
Tournament on Friday, December 7, 2007. Two female bowlers on our team
set new personal best scores and one bowler tied his best score. We earned
one 5`h place ribbon, five 4`h place ribbons, seven bronze medals and four
gold medals. An athlete from our team led the Special Olympics oath again
at Opening Ceremonies. Another athlete from our team who currently is the
Most Outstanding Athlete of the Summer Games 2007 presented the Winter
Games Outstanding athlete his award during those same ceremonies.
We felt happy and excited because a lot of people came and cheered
for us at both competitions! We appreciated people taking time out of their
busy schedules to watch us. It made us feel proud to have their support.
We worked hard on targeting and power to get more strikes. We tried to
focus to get our best scores. We demonstrated our good sportsmanship and
bowling etiquette.
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INFORMATION
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MEETING DATE: March 4, 2008 AGENDA ITEM: J. 2. a
TO: MAYOR AND COUNCIL
FROM: Jane Fairall, Deputy Town Attorney
SUBJECT: Ordinance No. 2008.08: Relating to Traffic and Highways;
amending Title 12 (Traffic and Highways) of the Marana town
code to authorize the town engineer to establish temporary re-
duced speed limits in areas undergoing roadway construction;
providing penalties for violation; adding section 12-2-12; renum-
bering existing sections 12-2-12, 12-2-13 and 12-2-14; amending
renumbered section 12-2-15; and declaring an emergency.
DISCUSSION
On February 19, 2008, staff presented this item to Council. This ordinance would authorize the
town engineer to establish temporary reduced speed limits in construction zones. The ordinance
was developed with input from the Marana Police Department, the town engineer, the Public
Works Department-Traffic Engineering Division and the Legal Department.
The ordinance provides that the town engineer may reduce speed limits in areas of construction
when it is determined that the permanent speed limits in the area are not reasonable under the
circumstances. In order for the reduced speed limit to be effective, the town engineer must sign
a work order authorizing the reduced speed limit area, signs with the reduced speed limits must
be posted and permanent speed limit signs must be removed, covered or turned. A violation of
this ordinance would be a civil traffic violation, but with an enhanced mandatory fine of $250 for
each violation. The ordinance also provides that in areas of construction where a temporary re-
duced speed limit is not posted, a violation of the permanent speed limit will also be subject to
the mandatory enhanced fine of $250 for each violation.
Staff proposes that this ordinance be passed with an emergency clause to allow immediate im-
plementation in appropriate areas, particularly in the area of the Thornydale Road Improvement
Project, where both Public Works officials and Police officers have observed motorists traveling
at excessive and unsafe speeds.
In addition to establishing the construction speed limit provisions, the ordinance would also
make minor changes to Section 12-2-14 as noted in the attached ordinance.
{00007966. DOC /} JF 2/8/08
FINANCIAL IMPACT
None
REQUESTED ACTION
Staff requests Council approval of Ordinance No. 2008.08; and declaring an emergency.
SUGGESTED MOTION
I move to adopt Ordinance No. 2008.08, and declare an emergency.
{00007966.DOC /} -2- JF 1/8/08
MARANA ORDINANCE N0.2008.08
RELATING TO TRAFFIC AND HIGHWAYS; AMENDING TITLE 12 (TRAFFIC AND
HIGHWAYS) OF THE MARANA TOWN CODE TO AUTHORIZE THE TOWN ENGINEER
TO ESTABLISH TEMPORARY REDUCED SPEED LIMITS IN AREAS UNDERGOING
ROADWAY CONSTRUCTION; PROVIDING PENALITES FOR VIOLATION; ADDING
SECTION 12-2-12; RENUMBERING EXISTING SECTIONS 12-2-12, 12-2-13 AND 12-2-14;
AMENDING RENUMBERED SECTION 12-2-15; AND DECLARING AN EMERGENCY.
WHEREAS the Town Council finds that vehicles speeding in areas of road construction
increases the danger of physical injury to both the occupants of vehicles and to construction
workers; and
WHEREAS the Town Council finds that the Town's interest in protecting the welfare of
construction workers and occupants of motor vehicles is compelling; and
WHEREAS the Town Council finds that authorizing the Town Engineer to establish
temporary reduced speed limits within construction zones as set forth in this ordinance is in the
best interests of the Town and its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, as follows:
SECTION 1. Title 12 of the Marana Town Code is hereby revised by renumbering exist-
ing Section 12-2-12 as Section 12-2-13, renumbering existing Section 12-2-13 as Sec-
tion 12-2-14, renumbering existing Section 12-2-14 as Section 12-2-15.
SECTION 2. Title 12 of the Marana Town Code is hereby revised by adding new Sec-
tion 12-2-12, as follows:
Section 12-2-12 Speed limits in areas undergoing roadway construction
A. It shall be unlawful for a person to drive at a speed greater than the speed
posted in an area undergoing roadway construction.
B. As used in this section, "roadway construction" means the construction, re-
construction or maintenance of any road by town employees or any contractor
or subcontractor performing such construction, reconstruction or maintenance
at the direction of the town.
C. The town engineer or the town engineer's authorized representative is hereby
authorized to establish temporary reduced speed limits in areas undergoing
roadway construction. The temporary reduced speed limits shall be imple-
mented when the town engineer or the town engineer's authorized represen-
{00007951.DOC /} - 1 - JF 2/8/08
tative determines, based on an engineering and traffic investigation, that the
permanent speed limits in the area under construction are not reasonable and
safe while the roadway construction is taking place.
D. Any temporary reduced speed limit established by the town engineer or the
town engineer's authorized representative shall be effective only for the dura-
tion of the roadway construction.
E. The temporary reduced speed limits shall be effective when all of the following
has taken place:
1. A work order authorizing a temporary construction zone speed limit is
signed by the town engineer or the town engineer's authorized representa-
tive and filed in the town clerk's office.
2. Speed limit signs with the temporary reduced speed limit are erected in a
clearly visible manner in the area undergoing construction.
3. The permanent speed limit signs in the area undergoing construction are
temporarily removed, covered or turned.
F. Any person found responsible for speeding in excess of a posted temporary
reduced speed limit shall be fined $250 for each violation. No judge may
suspend any portion of the fine prescribed in this paragraph.
G. Any person found responsible for speeding in excess of the permanent
posted speed limit in an area undergoing roadway construction where a tem-
porary reduced speed limit has not been posted shall be fined $250 for each
violation. No judge may suspend any portion of the fine prescribed in this
paragraph.
SECTION 3. Title 12 of the Marana Town Code is hereby revised by amending renum-
bered section 12-2-15 entitled "Violations -chapter 12-2; penalty" as follows (with deletions
shown with ~*~i~s and additions shown with double underlining):
Section 12-2-14~
A. Any violation of chapter 12-2 shall be a civil traffic violation unless otherwise
esianated in this title or under state law ~FCep~fs~a~-exses~' ~° °^°°^~ '^~~
B. Any person found responsible for a civil violation of chapter 12-2 shall be fined
not more than $250 for each violation.
C. A person convicted of violating section 12-2-13 is guilty of a class 1 misde-
meanor.
SECTION 4. IT IS FURTHER ORDAINED that, since it is necessary for the preservation
of the peace, health and safety of the Town of Marana that this ordinance become immediately
effective, an emergency is hereby declared to exist, and this ordinance shall be effective immedi-
atelyupon its passage and adoption.
{0ooo~9s ~ .noc i} - 2 - ~F vsios
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 4th day of March, 2008.
Mayor Ed Honea
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
ATTEST:
Jocelyn C. Bronson, Town Clerk
{00007951.DOC /} - 3 - JF 2/8/08
TOWN COUNCIL `~~N flF
MEETING TOWN OF MARANA q ti~aR,arv,a ;
INFORMATION
gRILVhP
MEETING DATE: March 4, 2008 AGENDA ITEM: J. 2. b
TO: MAYOR AND COUNCIL
FROM: Jane Fairall, Deputy Town Attorney
SUBJECT: Resolution No. 2008-43: Relating to Traffic and Highways; declar-
ing the revisions to Town Code Title 12 adopted by Marana Ordi-
nance No. 2008.08 as a public record filed with the Town Clerk;
and declaring an emergency.
DISCUSSION
This resolution makes the amendments to Title 12 of the Marana Town Code a public record.
This process makes it possible for the revisions to be adopted by reference under A.R.S. § 9-802,
thereby avoiding the requirement to publish the entire document, as would otherwise be required
under A.R.S. § 9-812.
RECOMMENDATION
Staff recommends adoption of Resolution No. 2008-43, immediately prior to or at the same time
as the adoption of Ordinance No. 2008.08, the adopting ordinance for the revisions to Title 12 of
the Marana Town Code.
ATTACHMENT
Exhibit A -Ordinance No. 2008.08.
SUGGESTED MOTION
I move to adopt Resolution No. 2008-43, and declare an emergency.
(00007528.DOC /} JHF 1/10/2008
MARANA RESOLUTION N0.2008-43
RELATING TO TRAFFIC AND HIGHWAYS; DECLARING THE REVISIONS TO TOWN
CODE TITLE 12 ADOPTED BY MARANA ORDINANCE NO. 2008.08 AS A PUBLIC
RECORD FILED WITH THE TOWN CLERK; AND DECLARING AN EMERGENCY.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, as follows:
SECTION I. The revisions to Town Code Title 12 (Traffic and Highways) adopted by
Marana Ordinance No. 2008.08, a copy of which is attached to and incorporated in this
resolution as Exhibit A and three copies of which are on file in the office of the Town Clerk, is
hereby declared to be a public record and ordered to remain on file with the Town Clerk.
SECTION 2. Since it is necessary for the preservation of the peace, health and safety of
the Town of Marana that this resolution become immediately effective, an emergency is hereby
declared to exist, and this resolution shall be effective immediately upon its passage and
adoption.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 4th day of March, 2008.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
{00007527.DOC /} JHF 1/10/08
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TOWN COUNCIL
MEETING TOWN OF MARANA q MA NA ~
INFORMATION
gR1ZONP
MEETING DATE: March 4, 2008 AGENDA ITEM: L.1
TO: MAYOR AND COUNCIL
FROM: Michael A. Reuwsaat/Steve Romero
SUBJECT: State Legislative Issues: Discussion/Direction/Action regarding all
pending bills before the Legislature
DISCUSSION
This item is scheduled for each regular council Meeting in order to provide an opportunity to
discuss any legislative item that might arise during the current session of the State Legislature.
Periodically, an oral report maybe given to supplement the Legislative Bulletins.
ATTACHMENTS
Legislative Bulletin, Issues 6 and 7.
RECOMMENDATION
Upon the request of Council, staff will be pleased to provide recommendations on specific
legislative issues.
SUGGESTED MOTION
Mayor and Council's pleasure.
JCB/02/25/2008/1:51 PM
IN THIS
ISSUE
Revenue Sharing Attack
Squeaks by Committee ........... 1
Govermnent Property Tax
Bill Progresses ........................ 1
Disease Presumption Bills
Withdrawn .............................. 2
Comprehensive Energy Bill
Subject Of Hearing ................. 2
Civil Air Patrol ....................... 2
Where's The Budget? ............. 2
More Sign Walkers ................. 2
On The Road ........................... 2
Photo Enforcement
Systems ................................... 3
The Weekly Spotlight ............. 3
Legislative Bulletin is published by the
League of Arizona Cities and Towns.
Forward your comments or suggestions
to:
League of Arizona Cities & Towns
1820 West Washington Street
Phoenix, Arizona 85007
Phone: 602-258-5786
Fax: 602-253-3874
Email: Ieague~ir~,azleague.org
Internet: www.azleague.org
Bulletin Issue 06 -February 15, 2008
REVENUE SHARING ATTACK SQUEAKS BY COMMITTEE
In what is becoming an annual event, Senator Bob Burns (R-Peoria) dropped his
bill that gives residents in unincorporated areas a tax credit equal to 15 percent of
their income taxes (Senate Bill 1254). As you know, that is the amount of the total
income tax collections that goes to the urban revenue sharing fund. Sen. Burns'
theory is that residents that do not live in a city derive no benefit from cities.
Sen. Burns' supposition did not go over very well in the Senate Finance Committee
this past Wednesday. Senator Debbie McCune Davis (D-Phoenix) offered an
amendment to give city residents a tax credit against any county property taxes they
pay and all state residents who do not have children in public schools a tax credit
against school taxes. Sen. McCune Davis' point was to show the irrationality of Sen.
Burns' measure and that we all pay taxes for services that benefit the state as a whole.
Senator Barbara Leff (R-Paradise Valley) concluded that the bill created more
inequities than it attempted to solve and voted against it. Senator Ken Cheuvront
(D-Phoenix) concluded the bill did not make any sense; and although he voted for it
in committee, he said he would not support it on the floor. Senator Richard
Miranda (D-Tolleson) also voted against the bill.
The bill passed out of committee by a 5-3 margin. We'll keep you updated if and
when this bill moves through the process.
GOVERNMENT PROPERTY TAX BILL PROGRESSES
A bill to radically reform the way cities levy and use the government property lease
excise tax (GPLET) passed out of the Senate Finance Committee by a wide 7-1
margin. Senate Bill 1360, introduced by Senator Ken Cheuvront (D-Phoenix)
takes away the cities' ability to levy a GPLET by phasing out the levy over 8 years
and placing the authority to set the GPLET rate with the Department of Revenue.
These changes would seriously impair the cities' ability to offer incentives for any
kind of redevelopment in currently blighted areas. Despite the evidence of how
GPLET has transformed downtown areas in various cities, critics of the tax cite
projects they feel abuse the intent of the law. Several cities use GPLET as a
municipal planning tool in order to benefit an entire community by attracting the right types of businesses to a
particular area; an ever-daunting task as the Legislature makes incentive options scarce.
The League and the affected cities intend to work within the process so any perceived abuses can be corrected
without crippling a good policy.
February 15, 2008
DISEASE PRESUMPTION BILLS
WITHDRAWN
Two bills that would have expanded the workers'
compensation statutes to include new "diseases" that
are presumed to have occurred by virtue of being a
fire fighter or peace officer were withdrawn by the
bills' supporters. One bill would have included
cervical cancer, prostate cancer and testicular cancer
as presumably caused by working as a fire fighter or
peace officer. That particular bill was held by the
sponsor, Senator Barbara Leff (R-Paradise Valley)
while she considered input from the League and
several cities. In the end, Sen. Leff held the bill
permanently.
Another bill would have made cardiac disease a
workers' compensation presumption, but was also
permanently held by Representative John
McComish (R-Phoenix). The League has pledged to
work with the proponents of these measures in the
interim to try to develop an agreeable solution.
COMPREHENSIVE ENERGY BILL
SUBJECT OF HEARING
A comprehensive effort to conserve energy and
encourage solar development was heard this week in
the House Water and Agriculture Committee. House
Bill 2766, introduced by Representative Lucy
Mason (R-Prescott) includes many ambitious
proposals that affect cities, towns, counties, utilities,
state agencies, schools and universities. While saving
energy and encouraging the use of solar energy is
laudable, we have some objections to specific
provisions that affect cities and towns.
One provision restricts all cities' building permit fees
for solar construction to $200 for residential permits
and $1000 for commercial permits. The League feels
these artificially low fees will end up costing the
cities' general funds and shifting the costs to other
users since the purpose of permit fees is to fund
building inspections. Another provision allows solar
construction to bypass city safety inspections,
something that is dangerous to the community and
could open up cities to liability.
In addition to cities and counties, utilities and
homebuilders have also opposed various provisions of
the bill. Rep. Mason has said the bill is a work in
progress and promises to take input from those who
have concerns before allowing a final version of the
bill to advance.
CIVIL AIR PATROL
We continue to meet with other stakeholders on Civil
Air Patrol (CAP) legislation. CAP wants free or very
low cost hangar, office and vehicle space at local
airports. Airports are mandated by the Federal
Aviation Administration to be self-sustaining, and the
State Aviation Fund is already stretched to the limit.
We will keep you apprised of any further action.
WHERE'S THE BUDGET?
As budget negotiations were creeping along,
Representative Russell Pearce (R-Mesa), Chairman
of the House Appropriations Committee, called for a
special committee meeting this week, in an effort to
speed up the process. This move came as a surprise to
almost everyone. However, the bills that he is using
for budget fixes for FY2008 were not procedurally
processed, so the meeting was cancelled less than 24
hours after announced. The League did hear that the
Governor and legislative leadership had a meeting
Thursday afternoon. Current projections are that the
budget deficit is around $1.2 billion for this fiscal year
and $1.9 billion in FY2009. The Governor has
revised her plan for addressing this crisis, including
more reductions to state agency budgets, more rainy
day fund withdrawals and more fund sweeps.
As pressure on the budget continues to increase,
please continue to communicate to your legislators
and the Governor's office the importance of fully
protecting shared revenue, particularly as cities and
towns are experiencing declines in local sales tax
collections.
MORE SIGN WALKERS
Last week we reported on the House version of the
sign walker bill. On Monday, February 18"' the Senate
version, SB1076, gets a hearing in the Senate
Government Committee. Senator Jack Harper (R-
Surprise) has an identical bill to the one in the House.
The League will oppose this bill as well as it is a
mandate on local government.
ON THE ROAD
House Bill 2094, highway project advancement notes,
sponsored by Representative Andy Biggs (R-
Gilbert) provides for more flexibility for the
advancement of money to the Arizona Department of
Transportation for highway construction. The bill
allows counties to join cities and towns in this
process, increases the amount of money allowable
from $100 million to $300 million, and extends the
life of the advancements from five years to fifteen.
The League supported this bill, which the City of
Mesa brought forward and it passed the House
February 15, 2008
On The Road contd.
Counties Municipalities and Military Affairs
Committee unanimously.
PHOTO ENFORCEMENT SYSTEMS
A number of bills have been introduced this session
regarding photo enforcement systems and
consequences of traffic violations. The League is
monitoring these bills for any negative impact they
may have on cities and towns. Senate Bill 1470,
which passed through the Transportation Committee
on 2/12/08, prohibits the use of photo radar systems
on highways. House Bill 2603 was held on 1/31/08 in
Transportation, and would prohibit the Motor Vehicle
Department (MVD) from assessing points to driver
licenses for photo enforcement related citations,
further preventing insurers from using that
information to determine insurance rates and
applicability.
House Bill 2722, which failed in Transportation on
2/14/08, establishes requirements regarding notices of
violations, complaints and responsibility of registered
owners and operators.
The following bills have not been assigned or heard,
but the League is still going to monitor them for
potential impact.
Senate Bill 1505 increases the distance required for a
warning for the upcoming photo enforcement system,
and also requires a signed statement by an official
swearing that the standards and specifications of the
warning signs are met. House Bill 2662 details
requirements for the hearing and notice of violation,
including a provision that allows for a certain
percentage (undetermined) of money from citations to
be deposited into a photo enforcement operating fund.
The Weekly Spotlight - ~~
Senator Linda Gray
,~,
This week's spotlight features ~. ~`
Senator Linda Gray (R-Glendale). `~'
Born in St. Charles, Missouri, ~`"'"'`
Senator Gray earned degrees in ,
recreation administration and
sociology from the University of
Northern Colorado. Mrs. Gray and her husband of
over 20 years have two children.
Senator Gray has served as a community activist,
volunteer, and elected official. In addition to her work
as a lawmaker, Mrs. Gray served on the Washington
Elementary School Board and as a Precinct
Committeeman for the District 10 Republican Party.
She also worked with the Angel Tree Project, which
assists children whose parents are incarcerated, and
volunteers in her Church's nursery program.
She has frequently received the Making a Difference
Award from Mothers Against Drunk Driving
(MADD) for her legislative efforts to strengthen
Arizona's DUI laws. Senator Gray is well known as
the champion of stronger DUI legislation. Also,
Senator Gray is a strong advocate of parental choice in
education, fighting to strengthen Arizona's school
choice laws and charter school system.
Senator Gray is Chairwoman of the Senate's Public
Safety and Human Services Committee and Vice
Chair of the Education K-12 Committee. She also
serves on the Senate Higher Education and
Government committees.
What prompted you to run for the legislature?
I ran for the legislature to be a supporter for family
friendly values and as a fiscal conservative. Public
Safety and a quality education are at the top of my list
of importance issues.
How would you get more people interested in the
legislative arena?
It's important to inform the people but there is not
money available to send out information about what is
going on. The legislative website www.azleg. ov
allows the public to view any of the committee
hearings at the time of the hearing or later.
What's your proudest legislative achievement?
Finally through the implementation of the impound
bill for those driving on a suspended or revoked
driver's license and the ignition interlock to keep
people from driving drunk has begun to reduce the
fatalities. Phoenix just reported a 23% reduction in
fatalities and also about the same for DPS.
What do you think is the proper role of state
government? Of local government?
Protecting the public from criminals and educating the
citizenry.
What kinds of things do you do to relax favorite
music, books, etc?
A favorite CD of mine is by DINO, Majestic Peace. I
also enjoy hiking and just quiet time without TV or
radio.
Thank you for your time.
Thank you for the opportunity.
February 15, 2008
IN THIS
ISSUE
FY 2007-08 Budget Fixes ...... 1
Sign Walkers ........................... 1
Impact Fee Negotiations
Coming To A Close ................ 1
Amended Energy Bill
Moves Forward ....................... 2
Alternative GPLET
Reform Advances ................... 2
Critical Infrastructure Fix To Be
Heard In Committee ............... 2
League Resolution Bill Held In
Committee ............................... 3
League Reception ................... 3
The Weekly Spotlight ............. 3
Legislative Bulletin is published by the
League of Arizona Cities and Towns.
Forward your comments or suggestions
to:
League of Arizona Cities &. Towns
1820 West Washington Street
Phoenix, Arizona 85007
Phone: 602-258-5786
Fax: 602-253-3874
Email: league(a)azleague.org
In[eme[: www.azleague.org
Bulletin Issue 07 -February 22, 2008
FY 2007-08 BUDGET FIXES
On Tuesday and Wednesday of this week the Senate and House Appropriations
Committees passed budget bills designed to close the deficit for FY 2007-08. Revenue
sharing and HURF (Highway User Revenue Fund) were not touched in these bills. These
bills did take over $600 million from the state Rainy Day Fund leaving a balance of only
about $70 million for future use, and did not include any bonding for school
construction. The Governor has said that she is in favor of bonding for schools in order
to free up money for use in the current budget year, and her budget proposal would take
less money out of the Rainy Day Fund. Look for more on this volatile issue in the weeks
ahead.
SIGN WALKERS
Senator Jack Harper (R-Surprise) is the sponsor of Senate Bill 1076, sign walkers,
municipal regulation. He held a hearing on the bill on Monday and the League testified
in opposition. Although we made a clear point of the differences between commercial
and other types of speech (political, religious, etc.) the bill prevailed by a 4-3 vote. It
will now move on to Senate Rules.
A couple of weeks ago we testified against Representative Bob Robson's (R-
Chandler) version of this bill, House Bi112066. Last year Representative Robson also
ran legislation on this issue and the Governor vetoed it. We strongly believe that state
statute gives us the right to regulate signage and that the US Supreme Court has ruled
that commercial speech can be regulated more than political or religious speech. We will
continue to oppose these measures that interfere with local authority.
IMPACT FEE NEGOTIATIONS COMING TO A CLOSE
~ ~ With the Senate Committee deadline set for next week, the development fee discussions
initiated by Senate President Tim Bee (R- Tucson) are coming to a close. This effort
was spurred by the development community despite the compromise made last year. Initially participants agreed to limit
their discussions to issues that were unresolved from last year, but additional changes to last year's bill continued to be
introduced even though the bill has not even been in law long enough for all its provisions to go into effect. After weeks
of negotiations on further changes, a final proposal is on the table and awaiting feedback from all sides before being heard
in the Senate Commerce and Economic Development Committee on Wednesday morning next week.
February 22, 2008
Impact Fee Negotiations Coming To A Close contd.
The most recent proposal includes the following
changes to municipal development fee programs:
• Clarification that development fees must be
spent within the area in which they are collected
(as defined in your Infrastructure Improvements
Plan).
• Clarifies that credits provided to the developer
for infrastructure must be based on the costs
identified in the Infrastructure Improvements
Plan.
• Requires the city to forecast the contributions of
the new development (by way of taxes, fees,
assessments, etc.) and to include those
contributions in estimating the new
development's burden.
• Requires a comparison of the existing services
provided within the city and the services to be
provided to the new development, if those
services are subject to a development fee.
• Requires a forecast of the revenue sources and
time to provide any service that a development
fee is charged for.
• Prohibits cities and towns from assessing new
or any increased portion of a development
fee (except for indexed changes) for two
years after a site plan or subdivision plat is
final approved.
• Specifies cities and towns must have a process
in place (by ordinance) that a developer must
receive a certified fee schedule if the developer
requests.
• Clarifies that final site plans and subdivision
plats may not be re-filed or amended to restart
the exemption from new fees.
We anticipate that a version of the proposal will be
heard next week in committee, as an amendment to
Senate Bill 1406. The League will be in contact with
you about proposed changes as they come forward. In
the meantime, please contact Ken or Cheyenne with any
questions or concerns.
Another bill would have made cardiac disease a
workers' compensation presumption, but was also
permanently held by Representative John McComish
(R-Phoenix). The League has pledged to work with the
proponents of these measures in the interim to try to
develop an agreeable solution.
AMENDED ENERGY BILL MOVES
FORWARD
House Bill 2766, introduced by Representative Lucy
Mason (R-Prescott), was significantly amended in the
House Water & Agriculture committee this past
Thursday to remove some provisions cities and towns
found objectionable. The section that would have
restricted building permit fees for solar construction to
$200 for residential permits and $1000 for commercial
permits was removed. Additionally, a provision that
made solar permit reporting requirements subject to a
civil infraction was also removed. However, a provision
that allows solar panel and solar hot water heater
installations to forego a structural analysis still gives us
concern.
Although the fee cap was removed from H.B. 2766,
some in the solar industry still seek to retain those caps
via another bill. House Bill 2615 contains a highly
restrictive fee mandate that effectively requires cities,
counties and builders to subsidize the solar installation
industry. We will continue to fight any such restrictions
on cities' ability to impose appropriate permit fees.
ALTERNATIVE GPLET REFORM
ADVANCES
Representative John Nelson (R-Glendale) is the
sponsor of House Bi112803, which makes reforms to the
government property lease excise tax (GPLET). The bill
passed out of the House Counties, Municipalities and
Military Affairs Committee (CMMA) this week. The
measure, which is supported by cities and towns,
provides for greater transparency in the way cities
designate GPLET properties. House Bi112803 provides
a welcome alternative to Senate Bill 1360, which
radically restricts the way cities use GPLET.
In an effort to help legislators and staff understand the
value of GPLET, the League will be contacting cities to
compile information on how they use GPLET currently
(e.g. specific projects) and the impact specific projects
will have on a community.
CRITICAL INFRASTRUCTURE FIX TO
BE HEARD IN COMMITTEE
House Bill 2466, which clearly exempts critical
information given to local governments from public
records requests, is scheduled to be heard in the
Counties, Municipalities and Military Affairs
Critical Infrastructure Fix To Be Heard in
Committee contd.
Committee (CMMA) on Tuesday afternoon.
Representative John Nelson (R- Glendale) is the
chairman of the committee and sponsor of this bill
which is the result of a League resolution. If passed,
this bill will further help cities and towns partner with
utilities within their boundaries in coordinating planning
and public safety efforts. The League, along with
resolution co-sponsors City of Surprise and the Town of
Buckeye, look forward to promoting this bill in
committee and as it moves forward through the process.
February 22, 2008
LEAGUE RESOLUTON BILL HELD IN
COMMITTEE
Despite being put on the House Commerce Committee
agenda, House Bi112285 was held without discussion in
committee on W ednesday and is unlikely to appear back
on an agenda. This bill, the result of another League
resolution co-sponsored by the cities of Prescott and
Prescott Valley, sought permission to consider costs in
the procurement of engineering and architectural
services. Cities and towns are currently prohibited by
state law from any consideration of cost until a firm has
been selected, which can lead to increased costs, scaled
back projects and delays as price is negotiated.
Representative Andy Tobin (R- Prescott) sponsored
this bill and championed this effort to better protect
taxpayer funds.
LEAGUE RECEPTION
Thank you to all city and town elected officials and staff
who attended the League's reception at the Capitol on
Tuesday. The event was a success, and attendees were
able to enjoy beautiful weather out on the Rose Garden.
There was an excellent turnout, making it possible for
many elected officials to meet with their respective
legislators. The League appreciates all of the State
Legislators and their staff for attending the reception.
The Weekly Spotlight
Representative Tom Chabin
This week's spotlight features
Representative Tom Chabin
(D-Flagstaff). Appointed by
the Coconino County Board of
Supervisors to fill out Ann
Kirkpatrick's term (who
resigned to run for Congress), Mr. Chabin is no stranger
to politics. He previously served on the Coconino
County Board of Supervisors, seven years on the
Coconino County Planning and Zoning Commission and
three years on the Tuba City Public School Board. Civic
activities include coaching little league baseball and
serving as a board member to numerous commissions,
youth, church and community organizations. He and his
late wife were licensed Foster Parents for six years.
Mr. Chabin is a widower to the late Delia Fernandez
Chabin who was born in Douglas, Arizona and taught
20 years at Moenkopi Day School in Tuba City. He has
one son, Rodrigo Santiago Chabin, 15 years old, who
attends school in New Mexico. Mr. Chabin graduated
from Northern Arizona University in American Studies
in 1976.
Representative Chabin sits on the Judiciary, Rules, and
Ways and Means Committees.
What prompted you to run for the legislature?
I have a real interest in public policy. Government, even
if limited, is very powerful. Therefore, fairness in the
application of government powers is very important to
me.
How would you get more people interested in the
legislative arena?
Sadly, so many people have little interest in public
policy. Senator Obama has sparked an interest, and this
is very exciting for those of us who have a concern in
politics. His inspiration to most people has attracted a
positive interest. Often, that which drives people away
from politics is a discussion negative in nature. So, I will
try to speak in positive tones.
What's your proudest legislative achievement?
Simply having a voice on those concerns of public
policy. I have served only a few months and have not
yet finished three weeks of public service in the
Legislative session. Therefore, I am very proud to be
here.
What do you think is the proper role of state
government? Of local government?
State government should be the primary source of
funding and standards in education, public health and
public safety issues. Local government should be able to
enhance those services and build their communities in
the image and qualities they choose to afford.
What kinds of things do you do to relax favorite music,
books, etc?
I enjoy golf. When driving, I enjoy listening to books on
CD, especially histories and biographies.
Thank you for your time.
Thank you for asking.
February 22, 2008