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AMENDED REGULAR COUNCIL MEETING
NOTICE AND AGENDA
Council Chambers
11555 W. Civic Center Drive, Marana, Arizona 85653
Apri115, 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 put in silent mode all
Pagers and cell phones.
Welcome to this Marana Council meeting. Regular Council meetings are usually held the first and third
Tuesday of each month at 7:00 p.m. at the Marana Town Hall, although the date or time may change, or
Special Meetings may be called at other times and/or places. Contact Town Hall or watch for posted
agendas for other meetings. This agenda may be revised up to 24 hours prior to the meeting. In such a
case a new agenda will be posted in place of this agenda.
If you are interested in speaking to the Council during Call to the Public, Public Hearings, or other agenda
items, you must fill out a speaker card (located in the lobby outside the Council Chambers) and deliver it
to the Town Clerk prior to the convening of the meeting.
All persons attending the Council meeting, whether speaking to the 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 April 14, 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. a. Chamber of Commerce Quarterly Report (Ed Stolmaker)
AMENDED REGULAR COUNCIL MEETING
NOTICE AND AGENDA
Council Chambers
11555 W. Civic Center Drive, Marana, Arizona 85653
April 15, 2008, at or after 7:00 p.m.
b. Anza Trail (Ora Mae Harn)
ANNOUNCEMENTS/UPDATES -
2. State Project Management Certificate presented to Aaron Shepherd
(Gilbert Davidson)
PROCLAMATIONS -
3. Arbor Day Proclamation (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
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AMENDED REGULAR COUNCIL MEETING
NOTICE AND AGENDA
Council Chambers
11555 W. Civic Center Drive, Marana, Arizona 85653
April 15, 2008, at or after 7:00 p.m.
The Consent Agenda contains items requiring action by the Council which are
generally routine items not requiring Council discussion. A single motion will
approve all items on the Consent agenda, including any resolutions or
ordinances. A Council Member may remove any issue from the Consent agenda,
and that issue will be discussed and voted upon separately, immediately
following the Consent agenda.
1. Resolution No. 2008-53: Relating to Development; approving a release of
assurance for Continental Reserve Block 13 and acceptance of public
improvements for maintenance (Keith Brann)
2. Resolution No. 2008-54: Relating to Public Works; approving and
authorizing a license agreement with Clark Farms for the continued use of
fields dedicated to the town for the Barnett Channel Drainage Improvement
Project (Cedric Hay)
3. Minutes of the March 25, 2008 special meeting, the April 1, 2008 regular and
special meetings, and the Apri18, 2008 special meeting.
J. COUNCIL ACTION
K. BOARDS, COMMITTEES AND COMMISSIONS
1. Resolution No. 2008-55: Relating to Boards, Committees and Commissions;
approving and authorizing appointments to the Town of Marana Municipal
Property Corporation (Erik Montague)
L. ITEMS FOR DISCUSSION/POSSIBLE ACTION
1. State Legislative Issues: Discussion/Direction/Action regarding all pending
bills before the Legislature (Mike Reuwsaat/Stephen Romero)
M. EXECUTIVE SESSIONS
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)(1), (3) and (4) for
discussion or consideration of employment, assignment, appointment,
promotion, demotion, dismissal, salaries, disciplining or resignation of
public officer, appointee or employee of Marana, and legal advice and
direction to its representatives concerning negotiations and possible
agreement relating to same.
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AMENDED REGULAR COUNCIL MEETING
NOTICE AND AGENDA
Council Chambers
11555 W. Civic Center Drive, Marana, Arizona 85653
April 15, 2008, at or after 7:00 p.m.
3. Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7),
discussion or consultation for legal advice with the Town's attorneys and
discussion and to consider its position and instruct the Town Manager and
staff concerning 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.
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 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, 226-08-007M, 226-08-OIOA, 226-15-
020Cand 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
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DATE: April 2008
TO: Mayor and Council Members
FROM: Ed Stolmaker, President/CEO
SUBJECT: 15' Quarter Report for 2008 Calendar Year
The figures below show the number of new businesses, and the businesses in
Marana that joined the Marana Chamber of Commerce compared to the 1=~ quarter
of 2007. Membership is now, a total of: 525 active companies
t 5, Quarter of 2008 32
15~ Quarter of 2007 54
Marana businesses that joined the Chamber in the 1 S~ quarter:
AKKA Karate USA
Balance Vita, Inc. (Isagenix Associate)
Bascom and Company
Casa de Angeles Bed & Breakfast
City Electric Supply
Help U Sell Galleria Realty
Hunter Contracting Company
In-N-Out Burger
Liberty Tax Services
Marana Autobody
Orange Grove Chiropractic Center
Package Express
SecureHorizons
Stanger's Landscape & Design
Sunstate Masonry Inc.
Vulcan Materials Company
visitor center 1st quarter statistics
VISITORS 2008 2007
In State Visitors 73 85
Out of State Visitors 639 642
Forei n Visitors 220 220
TOTALS 932 947
MAIL 2008 2007
Tourism Requests 7 6
Relocation Requests 25 25
Business Requests 2 38
TOTALS 34 69
Web Site Visits 11,682 13,145
13881 N. Casa Grande Nighway •Marana, Arizona 85653 • Phane 520/682-4314 • Fax 520/682-2303
Accomplishments Jan 2008 -March 2008
• Ribbon Cutting/Membership Celebrations at
o Grand Opening at Fire Restaurant ~ Grill
o Grand Opening at Dove Mountain: Allstate, Fitness Together,
Elements Therapeutic Massage, & Espresso Drini
o Grand Opening at Tucson Federal Credit Union in Dove Mountain
o Grand Opening at Cuppy's Coffee of Tucson
o Grand Opening at Canyon Community Bank in Continental Ranch
• Held Networking events at:
o Tuscany Med Spa
o Fire Restaurant Bar & Grill
o Marana Chamber of Commerce Office
• Held bi-rr-onfhly New Member Orientations, rather than Quarterly
o New Member Orientation, January 11, 2008
o Next Orientation is scheduled for April 11, 2008
• Participated in the "Parade of Homes -Marana Spirit Day" on February 16tH
• Participated in
• Revamped the Click Here Save ThereT"" discount program to the Clip Here
Save There, where we will have coupons available for consumers to clip out
and bring to the location for the discount.
• Village Profile has distributed the 2008 street map
• 2008 Membership Directory is published
• Held a Safety Meeting, March 27th in conjunction with ASBA and Tucson
Metropolitan Chamber of Commerce.
• Marana Chamber of Commerce has an Intern from Marana High to help with
clerical work, to learn skills for working in an office, she would like to become
an entrepreneur
• Added a volunteer to help with the Visitor's Center
• Established Health Care Committee, which held the Health Fair at Founders'
Day
• Update from the Education Committee states that there are 40 businesses
participating within the Adopt-A-School Program.
• Completed the first quarter of our bonus incentive program to gain attendance
at events and bring in additional members.
o Held a drawing for the three members who qualified for the laptop
computer
^ Patty Nathan of Ladies Workout Express received the prize.
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TOWN COUNCIL
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INFORMATION
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MEETING DATE: April 15, 2008 AGENDA ITEM: E. l.b
TO: MAYOR AND COUNCIL
FROM: Ora Mae Harn, Parks and Recreation Department
SUBJECT: Presentation: Anza Trail
DISCUSSION
Staff will be presenting, along with Joe Myers, a volunteer with the National Park Service and
Mary Aguirre, along-time resident, information regarding the National Park Service's
designation of the trail through the Marana Heritage River Park as the official Anza Trail and has
given the town permission to mark the trail with official signage to that effect.
Staff will also make a brief PowerPoint presentation about the Anza expedition from Mexico to
San Francisco, California.
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INFORMATION
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MEETING DATE: April 15, 2008 AGENDA ITEM: E. 3
TO: MAYOR AND COUNCIL
FROM: Tom Ellis, Director, Parks and Recreation Department
SUBJECT: Arbor Day Proclamation
DISCUSSION
In 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be
set aside for the planting of trees, and the holiday called Arbor Day was first observed with the
planting of more than one million trees in Nebraska.
Arbor Day is now observed throughout the nation and the world. Trees reduce erosion of topsoil
by wind and water, lower heating and cooling costs, moderate temperature, clean the air, produce
oxygen and provide a habitat for wildlife. Trees are a renewable resource providing paper,
building material, fuel, and many other wood products. Trees in the Town of Marana increase
property values, enhance the economic vitality of business areas, and beautify the community.
Trees, wherever they are planted, are a source of joy and spiritual renewal.
Although Friday, April 25, 2008 is designated as Arbor Day, the Parks and Recreation and
Public Works Environmental Division will lead the Town of Marana in a celebration of Arbor
Day on Saturday, Apri126 with a community tree planting in Continental Ranch.
Arbor Day 2008
WHEREAS, in 1872, J. Sterling Morton proposed to the Nebraska Board. of
Agriculture that a special day be set aside for the pkanting of trees; and
WHEREAS,,; fhe holiday known as Arbor Day was first observed wifh fihe
planting of,more than one million trees in Nebraska; and
WHEREAS, Arbor Day is now observed throughout the world; and:
WHEREAS, trees can reduce the erosion of our precious topsoil by wind
and water, lower :.our heating and coaling costs, `moderate the
temperature, clean the air, produce oxygen and provide habitat for
wildlife; and
WHEREAS, frees- are a renewable resource giving us paper, wood for our
.homes, fuel #or our fires and countless .other wood products; and.
WHEREAS, ' rees in .our town increase properfy vplues, enhance the
economic vitality of business areas and beautifyour corrtmunity; and
WHEREAS, trees, wherever they are planted are a source of joy c~nd
spiritual renewal.
NOW, THEREFORE, the Mayor and Council of the Town of Marano
.....proclaim
Arbor. Ray as Friday, Apri125, 2008
and urge all citizens to plant and care for trees to gladden the heart and
promote the well-being of hjs acid future generations.
Dated this 1!5t~ day of April; 2008.
EST: Ed Honea, Mayor
ocelyn .Bronson, Town Clerk
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INFORMATION
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MEETING DATE: Apri115, 2008 AGENDA ITEM: I. 1
TO: MAYOR AND COUNCIL
FROM: Keith Brann, P.E:, Town Engineer
SUBJECT: Resolution No. 2008-53: Relating to Development; approving a
release of Assurance for Continental Reserve Block 13 and
acceptance of public improvements for maintenance.
DISCUSSION
This resolution will release the Assurance between US Homes/Lennar, Title Security Agency of
Arizona, and the Town of Marana under Trust No.830, regarding Continental Reserve Block 13
as depicted on Exhibit A. Continental Reserve Block 13 is comprised of lots 1 through 76 and
Common Areas `A', `B', `C', `D', `E', `F', `G', `H', `I', `J' and `K'.
In releasing said Bonds, the Town of Marana will accept for maintenance, including regulatory
traffic control signs and street signs, approximately 0.65 miles of the following paved streets:
• Night Pony Drive
• Dancing Rabbit Court
• Painted Feather Drive
• Flaming Star Drive
• Smoke Signal Drive
The Town will accept for maintenance, a potable water system including appurtenances, valves,
water meters and fire hydrants for the above referenced project with a value of $121,759.00.
ATTACHMENTS
Exhibit A -Map of streets to be accepted
RECOMMENDATION
Staff recommends that Mayor and Council release the Assurance for Continental Reserve Block
13 and accept the public improvements for maintenance.
SUGGESTED MOTION
I move to approve Resolution No. 2008-53.
Continental Reserve Block 13 Lots 1-76 Full Release
MARANA RESOLUTION N0.2008-53
RELATING TO DEVELOPMENT; APPROVING A RELEASE OF ASSURANCE FOR
CONTINENTAL RESERVE BLOCK 13 AND ACCEPTANCE OF PUBLIC
IMPROVEMENTS FOR MAINTENANCE.
WHEREAS, Continental Reserve Block 13 is a 21.39 acre subdivision located west of
Arizona Pavilions Drive, containing lots 1-76, and Common Areas `A', through `K', and is
recorded at the Pima County Recorder's Office in Book 55 of Maps and Plats, Page 85; and
WHEREAS, the Town has Assurance assuring the completion of public improvements;
and
WHEREAS, US Homes/Lennar has completed the public improvements acceptable to
Town standards in accordance with the Assurance Agreement for Continental Reserve Block 13.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana as follows:
Section 1. Continental Reserve Block 13 is hereby released from the Assurance Agreement with
US Homes/Lennar under Trust No. 830.
Section 2. The Town accepts for maintenance, including maintenance of regulatory traffic control
and street signs, for maintenance, approximately 0.65 miles of the following paved streets as
shown on Exhibit A:
• Night Pony Drive
• Dancing Rabbit Court
• Painted Feather Drive
• Flaming Star Drive
• Smoke Signal Drive
Section 3. 'The Town accepts for maintenance a potable water system including appurtenances,
valves, water meters and fire hydrants for the above referenced project with a value of
$121,759.00.
Martina Resolution No. 2008-53
Page 1 of 2
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 15th day of April, 2008.
Mayor Ed Honea
ATTEST:
APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk
Frank Cassidy, Town Attorney
Marana Resolurion No. 2008-53
Page 2 of 2
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INFORMATION
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MEETING DATE: Apri115, 2008 AGENDA ITEM: I.2
TO: MAYOR AND COUNCIL
FROM: Cedric Hay, Senior Assistant Town Attorney
SUBJECT: Resolution No. 2008-54: Relating to Public Works; approving and
authorizing a license agreement with Clark Farms for the contin-
ued use of fields dedicated to the Town for the Barnett Channel
Drainage Improvement Project.
DISCUSSION
The Town of Marana previously committed its resources to the construction of the Barnett Lin-
ear Park -Flood Control Channel, CIP No. 2003-016. In 2005 a strip of land approximately 145
feet in width along the southern side of Barnett Road between the I-10 Frontage Road and San-
dario Road was dedicated by plat to the Town for this project. This property includes a portion of
some agricultural fields which have been farmed by Clark Farms for many years.
In light of the fact that the Project is not scheduled to begin construction in this area it makes fis-
cal sense to allow Clark Farms to continue farming this area until such time as the Project actu-
ally needs them. This will also remove the Town's obligation to keep the property weed and de-
bris-free and otherwise maintain it in the interim.
The proposed license agreement between the Town of Marana and Clark Farms sets forth the
terms by which the Town can protect its interests and Clark Farms will not immediately have to
cease their use.
RECOMMENDATION
Staff recommends adoption of Resolution No. 2008-54, approving and authorizing the License
Agreement between the Town of Marana and Clark Farms for the continued use of farm fields, a
portion of which are on property which was dedicated to the Town for the Barnett Channel Pro-
j ect.
ATTACHMENT(S)
License Agreement
SUGGESTED MOTION
I move to adopt Resolution No. 2008-54.
{00008664.DOC /f CIH 4/07/08
MARANA RESOLUTION N0.2008-54
RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING A LICENSE
AGREEMENT WITH CLARK FARMS FOR THE CONTINUED USE OF FIELDS
DEDICATED TO THE TOWN FOR THE BARNETT CHANNEL DRAINAGE
IMPROVEMENT PROJECT.
WHEREAS the Town of Marana has committed resources to the construction of the
Barnett Linear Park -Flood Control Channel, CIP No. 2003-016; and
WHEREAS a strip of land approximately 145 feet in width along the southern side of
Barnett Road between the I-10 Frontage Road and Sandario Road was dedicated by plat to the
Town for this project in 2005, recorded with the Pima County Recorder on July 13, 2005 in
Book 60 of maps and plats at page 7; and
WHEREAS a portion of this property has been used for agricultural purposes by Clark
Farms for many years; and
WHEREAS allowing the continued use of this property until construction has actually
begun makes more fiscal sense than letting the land sit vacant which would require maintenance
and upkeep by the Town; and
WHEREAS, the Mayor and Council of the Town of Marana feel it is in the best interests
of the Town of Marana to allow this use to continue by means of a license agreement between
the Town and Clark Farms until such time as construction of the project makes it necessary to
terminate the agricultural uses.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, that the license agreement between the Town of Marana and Clark
Farms, attached to and incorporated by this reference in this resolution as Exhibit A is hereby
approved, and the Mayor is hereby authorized to execute it for and on behalf of the Town of
Marana.
IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and
authorized to undertake all other and further tasks required or beneficial to carry out the terms,
obligations, conditions and objectives of the intergovernmental agreement.
{00008593.DOC /} 03/31/2007 CIH
PASSED and ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 15th day of April, 2008.
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Ed Honea, Mayor
{00008593.DOC /} 03/31/2007 C1H
LICENSE AGREEMENT
LICENSOR: Town of Marana
11555 W. Civic Center Drive
Marana, AZ 85653
LICENSEE: Clark Farms
Tom Clark
6987 W. Wade PI
Tucson, AZ 85743-6024
In consideration of Licensee's payment of a license fee, the receipt of which is acknowledged
by the Licensor, and Licensee's performance of its obligations under this Agreement, Licensor
hereby gives permission to Licensee to continue to use the portion of the fields which overlap
Licensor's property located in the right-of-way in Section 27, Township 11 South, Range 11
East, described as follows:
That certain real property owned by the Licensor that is generally situated within
the public drainageway located on the southern side of Barnett Road as legally
described and shown on the Final Block Plat attached as Exhibit A, attached to
and incorporated by this reference in this Agreement
Licensee may use the property beginning on the date this Agreement is entered into for
agricultural purposes only for as long as permitted by this Agreement. Licensor shall have the
right to modify or revoke the License at any time, all on the terms and conditions set forth
below, which Licensee promises to comply with and abide by:
This Agreement shall be binding upon Licensee, its heirs, assignees and designees, and
every reference to Licensee in this Agreement shall include and bind Licensee's heirs,
assignees and designees.
2. This permission is given to Licensee as an accommodation for the public drainageway
which was dedicated to the Town for the Barnett Linear Park -Flood Control Channel.
3. Licensee covenants that it shall defend, indemnify and hold harmless Licensor, its officers,
agents, and employees from any and all claims, demands, causes of action, complaints,
suits, losses, damages, injuries, and liabilities whatsoever (including those for costs,
expenses, and attorneys' fees) to any person, persons, or property arising out of either
{000082~o.ooc ~} Page 1 of 4
License Agreement -Barnett Linear Park -Flood Control Channel
Section 26, T 11 S, R 11 E
03/02/08 CIH
(1) the maintenance and use of the Licensor's property by Licensee, or (2) the negligent
acts or omissions of Licensee.
4. Licensee shall obtain liability insurance for the term of this Agreement in minimum amounts
of $2,000,000.00 per occurrence. This insurance shall be updated annually and shall be
kept in force throughout the life of this Agreement. Licensor may, if it deems necessary,
require additional coverage. Licensor shall be added as an additional insured for the
coverage and shall be given written notice at least 15 calendar days prior to cancellation or
reduction in coverage. CERTIFICATES OF INSURANCE FOR COVERAGE AS
DESCRIBED IN THIS AGREEMENT SHALL BE FILED WITH LICENSOR PRIOR TO
COMMENCEMENT OF ANY ACTIVITY UNDER THIS AGREEMENT. LICENSEE SHALL
ALSO FILE ALL CERTIFICATES OF INSURANCE EACH TIME THE POLICY IS
UPDATED. Certificates of Insurance shall be sent to the Marana Town Clerk's office on an
annual basis commencing on the date of execution of this Agreement.
5. Licensee may satisfy its insurance requirements under this Agreement by including Licensor
as an additional insured in all its insurance policies.
6. This Agreement is perpetual, and shall remain in effect unless and until it is (a) terminated
by written agreement of the parties or (b) revoked by and at the sole discretion of Licensor.
7. Licensor shall give Licensee written notice of revocation at least 60 calendar days prior to
the effective date of the revocation. While every effort shall be taken to try and take
Licensee's planting and harvesting schedule into consideration and to avoid termination of
the agreement prior to Licensee's scheduled harvests, Licensee's use of the property shall
be at his own risk and no compensation shall be provided for interruption of planting and
harvesting cycles.
8. Upon notice of termination of this Agreement for any reason, Licensee shall restore the
property to Town of Marana standards which may include the complete removal of irrigation
lines form Licensor's property and installation of native landscape material not requiring
scheduled irrigation. Town of Marana standards for restoration shall be determined by the
Town at the time Licensee requests termination of this Agreement. Licensee shall pay for all
restoration costs.
9. If Licensee causes any damage to Town property, Licensee shall promptly make and pay
for the repairs necessary to restore the property to its pre-damaged condition. At the
discretion of Licensor, if repairs are not initiated and completed within a reasonable length
of time, but in any event within 14 calendar days after Licensor gives written notice of
damage to Licensee, Licensor may make the repairs and bill Licensee for all costs plus a
25% administrative fee. Licensee agrees to pay the bill within ten calendar days of receipt.
10. Anything installed by Licensee on the property shall be maintained by Licensee
11. Licensee shall abide by all existing laws of the State of Arizona, County of Pima and Town
of Marana.
12. This Agreement is subject to cancellation for conflict of interest pursuant to A.R.S.§ 38-511.
{oooos2~o.ooc ~} Page 2 of 4
License Agreement -Barnett Linear Park -Flood Control Channel
Section 26, T 11 S, R 11 E
03/02/08 CIH
13. Licensee shall follow the regulations in Chapter 16 Signs of the Marana Land Development
Code, as well as any sign plans that are submitted and accepted by the Town of Marana.
Any plans shall be placed on file with the Town Engineer and shall be incorporated into this
Agreement by reference.
14. No signs and/or monuments shall be installed within the right-of-way without plans first
being submitted by Licensee to the Town of Marana Planning Department and Engineering
Division for reviewed and approved.
15. A Right-of-Way use permit and any necessary permits shall also be obtained before any
installations occur.
16. No signs shall be installed within the Intersection Sight Visibility Triangles as defined and
delineated by the March 2004 Town of Marana Subdivision Street Standards Manual, or
most recent version, Section 4.8 Intersection Sight Distances.
17. No items deemed to be hazardous to motor vehicles shall be installed within the Clear Zone
as defined and delineated by the 2002 American Association of State Highway and
Transportation Officials (AASHTO) Roadside Design Guide, Chapter 3: Roadside
Topography and Drainage Features. Monument walls are specifically prohibited from the
Clear Zone.
IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the
Licensor's signature date below.
TOWN OF MARANA
(LICENSOR)
BY:
Ed Honea,
Mayor
APPROVED AS TO FORM:
Date
Town Attorney
CLARK FARMS
(LICENSEE)
BY:
Tom Clark Date
{oooos2io.ooc ~} Page 3 of 4
License Agreement -Barnett Linear Park -Flood Control Channel
Section 26, T 11 S, R 11 E
03/02/08 CIH
LICENSE AGREEMENT -DEFINITIONS:
Company: Name of Company Agreement to be entered into with the Town.
Address: Mailing Address of Company Agreement to be entered into with the Town.
Section Number: Section number of area, which Agreement shall pertain.
Township Number: Township number of area, which Agreement shall pertain.
Range Number: Range number of area, which Agreement shall pertain.
MM/DD/YY: Date License Agreement is completed.
Agent Initials: Name of Marana Agent completing agreement.
Legal Description: Specific legal description, prepared by an Arizona Land Surveyor, of area
which Agreement shall pertain.
Exhibit A: Map or drawing showing area of public rights-of-way to be utilized by
Licensee
Additional Exhibits may be applicable to show type of installation or other
special situations.
[type of use]: Description of proposed use i.e., landscaping, signage, irrigation, etc.
Development Group: Name of subdivision, development or homeowners association
receiving the benefit of the use.
Or other detailed code as required by proposed use: Codes to be quoted by the Town for
applicable use.
Company Agent: Name of Authorized Agent to be executor of Agreement.
Title of Company Agent: Title of Agent to be executor of Agreement i.e., President, Vice
President, etc.
{oooos2~o.ooc ~} Page 4 of 4
License Agreement -Barnett Linear Park -Flood Control Channel
Section 26, T 11 S, R 11 E
03/02/08 CIH
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MINUTES OF SPECIAL SESSION COUNCIL MEETING
MARANA MUNICIPAL COMPLEX
DATE: MARCH 25, 2008
PLACE AND DATE
Marana Municipal Complex
A. CALL TO ORDER AND ROLL CALL
By Mayor Honea at 6:00 p.m.
COUNCIL
Ed Honea Mayor Present
Herb Kai Vice Mayor Absent/Excused
Russell Clanagan Council Member Present
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 led the pledge of allegiance and invocation.
C. APPROVAL OF AGENDA
Motion: F 1 removed from agenda, Action: Approve as amended, Moved by Council
Member Carol McGorray, Seconded by Council Member Patti Comerford. Vote 6-0.
D. CALL TO THE PUBLIC
E. PRESENTATIONS -
1. Presentation: Southern Arizona Home Builders Association (SAHBA) presentation
regarding the 2008 Parade of Homes
Ed Taczanowsky, President of SAHBA, presented this item to Council. Mr.
Taczanowsky stated that the 2008 Parade of Homes had 10,000 attendees. Mr.
Taczanowsky thanked Council for everything they do for SAHBA.
Chairman of SAHBA Steve Canatsey addressed Council. He was very happy with the
cooperation of Town staff and stated this was a great event for Marana and for SAHBA.
Ed Stolmaker, President and CEO of the Marana Chamber of Commerce addressed
Council as well. Mr. Stolmaker stated it was a pleasure to work with SAHBA and that
this was a great event for Marana as a little over 10,000 people attended the event.
MINUTES OF SPECIAL SESSION COUNCIL MEETING
MARANA MUNICIPAL COMPLEX
DATE: MARCH 25, 2008
Mr. Canatsey presented a check to Mike Mencinger of Marana Combined Appeal Inc.
for $6,997.
Mayor Honea thanked SAHBA for the great event and for the gift given to the Marana
Combined Appeal.
2. Presentation: Capital Improvement Project update
Barbara Johnson presented this item to Council. Ms. Johnson gave an update on seven
CIP projects: Thornydale Road, Silverbell Road Sewer, Honea Heights, Tangerine Farms,
Marana Vista Estates, Camino de Marana and Rivulet.
Ms. Johnson informed Council that Thornydale Road project is about one-third done.
The Silverbell Road Sewer project is on schedule to start in May of 2008. The Honea
Heights project is underway. Tangerine Farms is 95% complete. Forest City is donating
more mature trees for landscaping. This project should be completed by early June 2008.
Gilbert Davidson added that the road could be open now but some fine tuning is needed.
Mr. Davidson stated that a Gala Grand Opening of the Tangerine Fanns road is being
planned. Council Member Clanagan asked is there was an increase in traffic accidents
at the Frontage road, Tangerine Road and the I-10 on/off ramps. Ms. Johnson responded
that the prior detour issues have been addressed and she will need to get the traffic
accident statistics. Prior road issues of Marana Vista Estates have been addressed. The
street lights are 100% installed and working. Camino de Marana construction is
scheduled to last for 14 to 16 months. The Rivulet project should be completed in
approximately 45 days. The presentation is available for viewing at the Town Clerk's
office.
3. Presentation: Proposed Single Central Business District
Kevin Kish presented this item to Council. The establishment of a Central Business
District (CBD) would help with the creation of a downtown district. The CBD would be a
place to work, live, shop and play and will be a vital center for commerce. The proposed
CBD location would be along the I-10 corridor going from Sagebrush Road (North) to
Tangerine Road (South) and encompasses a five square mile area. A Central Business
District will strengthen the community and it will lead to easier promotion of the Town.
Council Member Post asked if there was any restriction on business/residential
buildings. Mr. Kish replied that there are areas where those types of building
designations will be allowed with no restrictions on any current development plans. The
presentation is available for viewing at the Town Clerk's office.
F. DISCUSSION/DIRECTION
2. Discussion/Direction concerning the Town Magistrate appointment and
reappointment process
MINUTES OF SPECIAL SESSION COUNCIL MEETING
MARANA MUNICIPAL COMPLEX
DATE: MARCH 25, 2008
Frank Cassidy informed Council that the Town does not have anything set in Town
Code, Resolution or Ordinance regarding the reappointment process of the Town
Magistrate.
Mr. Cassidy also stated that there is no set standard for the qualifications for a judge and
that the Council could follow the standards set by the City of Tucson for reappointment
of Town Magistrate. Mr. Cassidy asked for direction from Council as to how to proceed
with the reappointment process. Mike Reuwsaat recommended to Council option two (of
the staff communication) would be like the process that the Planning and Zoning
Commission uses; applications would be submitted and qualifications for a judge would
be set. In this case, the current Judge would also submit an application.
Mayor Honea asked Mr. Cassidy to explain to Council who the Magistrate answers to
after appointment as well as the Town requirement for hours and days worked and length
of term. Mr. Cassidy explained that due to separation of powers should an issue arise,
the Arizona Supreme Court would handle that as they are the governing body of the
Town Magistrate. Council Member McGorray asked if Council would still monitor
hours worked. Mr. Reuwsaat stated that is something that needs to be defined within the
contract. Council Member Ziegler stated the need to see the contract and have a set
criteria going forward.
Judge Jim West addressed Council. Judge West stated that option two could possibly
be a waste of time if he is chosen for reappointment. Council Member Post mentioned if
they are to follow the criteria of the City of Tucson, then they should first come to the
conclusion of Judge West being retained or not. Council Member Comerford asked for
an executive session at next Tuesday's meeting to discuss Judge West's possible
reappointment.
Motion: Direct Staff to make an Executive Session for Personnel review of Judge West
Action: Approve, Moved by Council Member Roxanne Ziegler, Seconded by Council
Member Russell Clanagan. Vote 6-0.
3. Discussion/Direction concerning appointment to the Planning & Zoning
Commission
Jocelyn Bronson informed Council there are four possible candidates for the open seat
on the Planning & Zoning Commission. Ms. Bronson asked Council to direct staff as to
an interview process. Mayor Honea stated that if all four of the candidates can make it to
next weeks Council Meeting they will conduct interviews at that time.
Motion: Direct staff to contact the four candidates for interviews to be conducted at the
April 1~` Council Meeting, Action: Approve with conditions, Moved by Council Member
Russell Clanagan, Seconded by Council Member Jon Posh Vote 6-0.
Discussion after approved motion. It was determined that Council will have a Special
Session Meeting on April IS` to go into an executive session to interview the four
potential candidates for the open Planning & Zoning seat. Council also agreed to go into
an executive session in the Regular Meeting for the possible reappointment of Judge West
as Town Magistrate.
MINUTES OF SPECIAL SESSION COUNCIL MEETING
MARANA MUNICIPAL COMPLEX
DATE: MARCH 25, 2008
G. EXECUTIVE SESSIONS
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.
H. 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)
L ADJOURNMENT
Motion: Action: Adjourn, Moved by Council Member Jon Post, Seconded by Council
Member Russell Clanagan. vote 6-0.
CERTIFICATION
I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council
meeting held on March 25, 2008. I further certify that a quorum was present.
Jocelyn C. Bronson, Town Clerk
MINUTES OF SPECIAL COUNCIL MEETING
MARANA MUNICIPAL COMPLEX
DATE: APRIL I, 2008
PLACE AND DATE
Marana Municipal Complex
A. CALL TO ORDER AND ROLL CALL
By Mayor Honea at 6:00 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
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
Dispensed until the regular meeting.
C. APPROVAL OF AGENDA
Motion: Approve, Moved by Council Member Carol McGorray, Seconded by Council
Member Jon Posh
D. CALL TO THE PUBLIC
Dispensed until the regular meeting.
E. ACTION
Motion: Adjourn to Executive Session, Moved by Council Member Russell Clanagan,
Seconded by ice Mayor Herb Kai.
Council left the dais at 6:03 P.M.
Council returned to the dais at 7:08 P.M.
1. Resolution No. 2008-54: Relating to boards, Commissions and Committees;
approving the appointment of to the Planning & Zoning
Commission
MINUTES OF SPECIAL COUNCIL MEETING
MARANA MUNICIPAL COMPLEX
DATE: APRIL 1, 2008
Motion: Approve Resolution No. 2008-54 appointing Tina Le Page-Wood to the Planning
& Zoning Commission, Moved by Council Member Roxanne Ziegler, Seconded by Council
Member Carol McGorray.
The Town Clerk administered the Loyalty Oath to Tina Le Page-Wood.
F. EXECUTIVE SESSIONS
1. Executive session pursuant to A.R.S. § 38-431.03 (A)(1) for discussion about and
interviews of prospective Planning Commission member candidates.
G. 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)
H. ADJOURNMENT
Motion: Adjourn, Moved by Council Member Russell Clanagan, Seconded by Council
Member Roxanne Ziegler
CERTIFICATION
I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council
meeting held on April 1, 2008. I further certify that a quorum was present.
Jocelyn C. Bronson, Town Clerk
MINUTES OF REGULAR COUNCIL MEETING
MARANA MUNICIPAL COMPLEX
DATE: APRIL 1, 2008
PLACE AND DATE
Marana Municipal Complex
A. CALL TO ORDER AND ROLL CALL
By Mayor Honea at 7:14 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
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 led the pledge of allegiance and the invocation.
C. APPROVAL OF AGENDA
Motion: Approve, Moved by Council Member Russell Clanagan, Seconded by Council
Member Patti Comerford
D. CALL TO THE PUBLIC
Carol Somers of Southern Arizona Home Builders Associations (SAHBA) introduced
herself to Council as the new Government liaison.
E. PRESENTATIONS -
1. Presentation: The Collings Foundation Wings of Freedom Tour at the Marana
Regional Airport Apri117-20
Charlie Mangum presented to Council. Mr. Mangum invited Council and the entire
community to The Wings of Freedom Tour to be held at the Marana Regional Airport
from April 17th - Apri120th
MINUTES OF REGULAR COUNCIL MEETING
MARANA MUNICIPAL COMPLEX
DATE: APRIL 1, 2008
On display will be World War II vintage aircraft; the B-25 Mitchell, B-17 Flying Fortress
and the B-24 Liberator. Visitors will have the opportunity to fly in one of these aircraft.
Mr. Mangum also invited everyone out to the April 12th Memorial Service to honor the
19 U.S. Marines who died in the MV-Osprey Tilt rotor accident on April 8, 2000.
Council Member Ziegler mentioned her father was a Crew Chief member for the B-17.
She will be attending the event along with her mother, brother and her fiance and will be
flying "a mission" on the B-17.
ANNOUNCEMENTS/UPDATES -
PROCLAMATIONS -Arizona Work Zone Safety Awareness Week (Jocelyn
Bronson)
F. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS
Council Member Comerford gave an update on the status of Cecilia "Cece" Van Dyke. The
Marana High School student was in a traffic accident in front of the High School on March
14th. Ms. Van Dyke is still in a coma. Council Member Comerford thanked everyone for
their support of Cece and she mentioned if anyone was interested in making a donation to the
family to contact the Town.
Council Member Clanagan attended the Public Safety Personnel Retirement System
Training along with two Sergeants and Judy Capen of the Marana Police Department.
Council Member Ziegler welcomed back David Morales who was in attendance.
Council Member McGorray attended the Northern Pima County Chamber of Commerce
Pinnacle Awards Luncheon where Ora Mae Harn was given the 2008 Legacy Award.
Mayor Honea attended the luncheon as well. Mayor Honea spoke about the recent news
regarding the possibility of the Colorado Rockies coming to Marana for spring training.
Mayor Honea, Mike Reuwsaat, the Rockies Manager, General Manager and Owner took a
tour of the Town.
G. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS
Mike Reuwsaat informed Council that David Cohen, who is a member of a group of
Tucson-area business leaders (Bases Loaded Tucson) that is trying to save spring training in
the Tucson area, has agreed to meet with Council in two weeks to update them and the public
as to the efforts of the group.
H. STAFF REPORTS
MINUTES OF REGULAR COUNCIL MEETING
MARANA MUNICIPAL COMPLEX
DATE: APRIL 1, 2008
GENERAL ORDER OF BUSINESS
I. CONSENT AGENDA
Motion: Approve, Moved by Council Member Russell Clanagan, Seconded by Council
Member Carol McGorray.
1. Resolution No. 2008-46: Relating to Public Works; approving and authorizing an
intergovernmental agreement between the State of Arizona Department of
Transportation and the Town of Marana for the inspection of National Bridge
Inventory inventoried bridges owned by the Town according to the National Bridge
Inspection Standards (Barbara Johnson)
2. Resolution No. 2008-47: Relating to Development; approving and authorizing a
final plat for Casas De Miguel (Kevin Kish)
3. Resolution No. 2008-48: Relating to the Marana Regional Airport; approving and
authorizing a contract with Sundt Construction Inc. for $1,787,259 for a new fire
protection water line at the Marana Regional Airport (Charlie Mangum)
4. Resolution No. 2008-49: Relating to Development; approving a release of Assurance
for The Villas at Continental Ranch and acceptance of public improvements for
maintenance (Keith Brann)
5. a. Ordinance No. 2008.09: Relating to Taxation; adopting "The 2008 Amendments
to the Tax Code of the Town of Marana" by reference; establishing an effective
date; providing for severability and providing penalties for violations (Erik
Montague)
b. Resolution No. 2008-50: Relating to Taxation; declaring as a public records that
certain document filled with the Town Clerk and entitled "The 2008 Amendments to
the Tax Code of the Town of Marana" (Erik Montague)
6. Resolution No. 2008-51: Relating to Community Development; granting $2,500 in
discretionary funding to the Marana High School Students Together Against
Narcotics and Drinking, astudent-run grassroots organization, to support "The
After Party" event to keep Marana youth out of harms way after the prom (T. Van
Hook)
7. Resolution No. 2008-52: Relating to Community Development; granting $5,000 in
discretionary funding to Build Up Purpose, an Arizona 501 (c)(3) non-profit
organization to support programs that offer positive activities for Marana youth
and families (T. Van Hook)
MINUTES OF REGULAR COUNCIL MEETING
MARANA MUNICIPAL COMPLEX
DATE: APRIL 1, 2008
8. Ordinance No. 2008.10: Relating to Public Works; amending sections 25.01.02,
25.02.04 and 25.02.05 of the Marana Stormwater Management Ordinance (Marana
Land Development Code Title 25) to conform to new Arizona Department of
Environmental Quality Requirements; and establishing an effective date (Barbara
Johnson)
9. Minutes of the March 11, 2008 special meeting and the March 18, 2008 regular
meeting.
J. COUNCIL ACTION
Motion: Adjourn to Executive Session, Moved by Council Member Russell Clanagan,
Seconded by Council Member Carol McGorray.
Council left the dais at 7:30 P.M.
1. a. Executive session pursuant to A.R.S. § 38 431.03 (A)(1) for discussion about and
with Town Magistrate Jim West concerning reappointment.
Council returned to the dais at 9:14 P.M.
b. Discussion and possible action concerning whether to reappoint Jim West as
Town magistrate.
No motion from Council; this item will be tabled until the next Council meeting.
2. Citizen's Task Force to Review Mayor and Council Compensation
Mike Reuwsaat presented this item to Council. Mayor and Council have seen an
increase in their responsibilities that has coincided with the growth of the Town and the
community. The Citizen's Task Force will look into all aspects of the duties performed
by the Mayor and Council including annual salary compensation and other
compensations such as vehicle and phone allowance.
Motion: Approve, Moved by Council Member Roxanne Ziegler, Seconded by Council
Member Russell Clanagan, appointing .Jack Noble, Thom Cope, Larry Steckler, David
Morales, Clay Parsons and Dan Sullivan to the Task Force for a period not to exceed
three months.
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
Stephen Romero went over what the defeat of Senate Bill 1260, government property lease
excise tax (GPLET), means to the Town.
MINUTES OF REGULAR COUNCIL MEETING
MARANA MUNICIPAL COMPLEX
DATE: APRIL 1, 2008
M. EXECUTIVE SESSIONS
Motion: Adjourn to Executive Session, Moved by Council Member Russell Clanagan,
Seconded by Council Member Roxanne Ziegler.
Council left the dais at 9:21 P.M.
Council returned to the dais at 10: 07 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)(1), (3) and (4) for discussion or
consideration of employment, assignment, appointment, promotion, demotion,
dismissal, salaries, disciplining or resignation of public officer, appointee or
employee of Marana, and legal advice and direction to its representatives
concerning negotiations and possible agreement relating to same.
Motion to proceed as directed in Executive Session: Approve, Moved by Council
Member Carol McGorray, Seconded by Vice Mayor Herb Kai.
3. Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), discussion or
consultation for legal advice with the Town's attorneys and discussion and to
consider its position and instruct the Town Manager and staff concerning 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.
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 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)
MINUTES OF REGULAR COUNCIL MEETING
MARANA MUNICIPAL COMPLEX
DATE: APRIL 1, 2008
Mayor Honea will put the item of the need for a signal at Emigh and Sandario on a
Council agenda.
O. ADJOURNMENT
Motion: Adjourn, Moved by Council Member Jon Post, Seconded by Council Member
Carol McGorray.
The Meeting adjourned at 10:10 P.M.
CERTIFICATION
I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council
meeting held on April 1, 2008. I further certify that a quorum was present.
Jocelyn C. Bronson, Town Clerk
MINUTES OF SPECIAL COUNCIL MEETING
MARANA MUNICIPAL COMPLEX
DATE: APRIL 8, 2008
PLACE AND DATE
Marana Municipal Complex
A. CALL TO ORDER AND ROLL CALL
By Mayor Honea at 6:01 p.m.
COUNCIL
Ed Honea Mayor
Herb Kai Vice Mayor
Russell Clanagan Council Member
Patti Comerford Council Member
Carol McGorray Council Member
Jon Post Council Member
Roxanne Ziegler Council Member
STAFF
Mike Reuwsaat Town Manager
Gilbert Davidson Deputy Town Manager
Deb Thalasitis Assistant Town Manager
Frank Cassidy Town Attorney
Jocelyn Bronson Town Clerk
Present
Present /Arrived at 6:42 PM
Present
Present
Present
Present
Present
Present
Present
Present
Present
Present
B. PLEDGE OF ALLEGIANCE AND INVOCATION/MOMENT OF SILENCE
Mayor Honea led the pledge of allegiance.
C. APPROVAL OF AGENDA
Motion: Action: Approve, Moved by Council Member Carol McGorray, Seconded by
Council Member Roxanne Ziegler. Passed 6-0.
D. CALL TO THE PUBLIC
None.
E. PRESENTATIONS/DISCUSSION/DIRECTION/POSSIBLE ACTION
1. Relating to Utilities: Water conservation recommendations for Title 14 of the
Marana Town Code
Ann Meaders presented this item to Council on behalf of Brad DeSpain. Ms. Meaders
introduced Val Little to Council. Ms. Little is the Director of the Water Conservation
Alliance of Southern Arizona (Water CASA). Water CASA has been working in
conjunction with the Water Department on these recommendations. Copies of the
presentation are available for viewing at the Town Clerk's Office.
MINUTES OF SPECIAL COUNCIL MEETING
MARANA MUNICIPAL COMPLEX
DATE: APRIL 8, 2008
Council Member Ziegler asked about the recommendation of individual pools to be
discouraged in the CC&R's of planned developments. Ms. Meaders responded that the
less pools you have the less water will be used, which is the goal. Council Member
Clanagan noted that in order to change a CC&R you must have a 66 percent vote from
the homeowners. Frank Cassidy mentioned that any new block within an already
existing development could have a provision added making asub-CC&R for that specific
block. Mr. Cassidy added that going forward on newly approved rezoning you could
require a community pool and could limit individual pools as a condition of rezoning.
Mike Reuwsaat stated that the key word is discourage versus mandate. Council
Member Post mentioned that he does not want to see any possible Ordinance that tells a
homeowner/land owner what they can and can't do in regards to having a pool. Mr.
Cassidy responded that this presentation is intended to get feedback as to the Council's
thoughts so Town staff can move forward drafting an Ordinance that more accurately
reflects their wishes and concerns.
Council Member McGorray asked that a list of high water use plants and low water use
plants be a part of any possible Ordinance. Ms. Little informed Council that the
information is available on the Arizona Department of Water Resources website.
Ms. Little addressed Council Member Post's comments about having the right to have a
pool. Ms. Little explained that the intent of the recommendation is to encourage
community pools and to discourage individual pools as it is more water efficient to have
one pool (community) compared to having numerous individual pools. She also stated
that if any homeowner wanted to have a pool they should be allowed to.
Mayor Honea summed up the discussions by stating the need for Council to think these
recommendations over before going forward with a proposed Ordinance. Mike
Reuwsaat asked Council to provide Town staff with feedback as to any concerns and
staff will come back before Council for another discussion.
2. Presentation: Transformations. Strategic implementation of the General Plan for
Marana: An Environmentally Responsive Community
Barbara Johnson presented this item to Council. The main goals of this project are to
dynamically link the General Plan with numerous other fields such as architecture,
urbanism, archaeology, local heritage management, utilities and infrastructure. The
targeted outcomes are to foster competitiveness, economic success and fiscal soundness.
In order to achieve a cultural change within a community certain criteria need to be met:
economic viability, social benefit and environmental responsiveness. Copies of the
presentation are available for viewing at the Town Clerk's Office.
3. RelatinE to Boards, Committees and Commissions: Status of current boards and
commissions
Gilbert Davidson and Jocelyn Bronson presented this item to Council. The presentation
was an overview of the Advisory Boards and Commissions that serve the Town of
Marana.
MINUTES OF SPECIAL COUNCIL MEETING
MARANA MUNICIPAL COMPLEX
DATE: APRIL 8, 2008
The various types of Commissions and Boards are the Advisory Commissions (Arts,
Business & Economic Development, Affordable Housing, Utilities, Parks and Recreation
and Police), Regulatory Commissions (Public Safety Retirement, Board of Adjustment
and Planning and Zoning) and Decision-making (Personnel Action Review Board).
Copies of the presentation are available for viewing at the Town Clerk's Office.
At the conclusion of the presentation, Mr. Davidson recommended a Task Force to assist
Town staff in getting direction on all of the items presented.
Topics for Council consideration covered in the presentation were: Commission
functions, size of Commissions, residency requirements, multiple appointments, term of
appointments, Council Members to serve as a liaison, the application/interview process
and training of Commissioners.
4. a. Executive session pursuant to A.R.S. § 38 431.03 (A)(1) for discussion about and
with Town Magistrate Jim West concerning reappointment.
b. Discussion and possible action concerning whether to reappoint Jim West as
Town magistrate.
Motion: Moved by Council Member Jon Post, Seconded by ice Mayor Herb Kai.
Approve reappointment with two conditions, 1) Continue to work with Deb Thalasitis
as far as personnel issues are concerned 2) Mr. West would snake himself available for
six month or yearly performance reviews with the Town Manager. Motion passed S-2.
Yes: Mayor Ed Honea, Vice Mayor Herb Kai, Council Member Patti Comerford,
Council Member Carol McGorray, Council Member Jon Posz
No: Council Member Russell Clanagan, Council Member Roxanne Ziegler
Council Member Clanagan said that he didn't feel reappointment was a solution given
some information that he learned of through the Managers Office. Council Member
Clanagan added that Mr. West has done an excellent job in managing his court but there
were other issues that have been lacking and therefore he can't support this motion.
Council Member Ziegler stated that she does not agree with the motion from Council
Member Post. She added "that the Council should be appointing someone that doesn't
need to learn how to do their job. On the judicial side you do a good job, but on the
management side I don't think you have the credentials to do the job."
F. EXECUTIVE SESSIONS
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.
MINUTES OF SPECIAL COUNCIL MEETING
MARANA MUNICIPAL COMPLEX
DATE: APRIL 8, 2008
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.
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, 226-08-007M, 226-08-O1OA, 226-15-0200, 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.
4. Executive Session pursuant to A.R.S. Executive Session pursuant to A.R.S. §38-
431.03 (A)(1), (3) and (4) for discussion or consideration of employment, assignment,
appointment, promotion, demotion, dismissal, salaries, disciplining or resignation of
public officer, appointee or employee of Marana, and legal advice and direction to
its representatives concerning negotiations and possible agreement relating to same.
G. 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)
H. ADJOURNMENT
Motion: Adjourn, Moved by Council Member Russell Clanagan, Seconded by Council
Member Carol McGorray.
Meeting adjourned at 7:38 P.M.
CERTIFICATION
I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council
meeting held on April 8, 2008. I further certify that a quorum was present.
Jocelyn C. Bronson, Town Clerk
SOWN Or
TOWN COUNCIL K~.
MEETING TOWN OF MARANA q M~R~ A ;
INFORMATION
gRIZONP
MEETING DATE: Apri115, 2008 AGENDA ITEM: K. 1
TO: MAYOR AND COUNCIL
FROM: Erik Montague, Finance Director
SUBJECT: Resolution No. 2008-55: Relating to Boards, Committees and
Commissions; approving and authorizing appointments to the
Town of Marana Municipal Property Corporation.
DISCUSSION
The Marana Municipal Property Corporation (MMPC) was formed by Mayor and Council in
March of 1989 to provide a vehicle through which the Town could "finance the cost of
acquiring, constructing, reconstructing or improving buildings, equipment and other real and
personal properties suitable for use by and for leasing to the Town of Marana".
To date the MMPC has issued revenue bonds to finance various improvements, including:
• The design and construction of the new municipal complex
• Purchase of the Honea Water System
• To fund various street, road and water improvements
The MMPC is governed by afive-member board of directors, all of whom are appointed by
Mayor and Council. Members serve afour-year term. The current members of the MMPC are
Jim Blake, Herb Kai, Dan Sullivan, Hurvie Davis and Roger Forrester.
The terms for all members have expired. Carol McGorray has expressed a desire to replace
former member Jim Blake. Members Herb Kai, Dan Sullivan, Hurvie Davis and Roger Forrester
all wish to remain on the corporation board.
ATTACHMENTS
Listing of proposed board members.
RECOMMENDATION
Staff recommends the appointment of Carol McGorray, Herb Kai, Hurvie Davis, Dan Sullivan
and Roger Forrester to the MMPC Board.
SUGGESTED MOTION
I move to approve Resolution 2008-55.
Marana Municipal Property Corporation Appointments 4/10/200812: 3S PM EM
MARANA RESOLUTION N0.2008-55
RELATING TO BOARDS, COMMITTEES AND COMMISSIONS; APPROVING
AND AUTHORIZING APPOINTMENTS TO THE TOWN OF MARANA
MUNICIPAL PROPERTY CORPORATION.
WHEREAS, the Town of Marana Municipal Property Corporation (MMPC) was
created by the Town Council to provide a vehicle through which the Town could finance
the cost of acquiring, constructing, reconstructing or improving buildings, equipment and
other real and personal properties suitable for use by and for leasing to the Town of
Marana; and
WHEREAS, the Town Council desires to appoint Carol McGorray, Herb Kai,
Hurvie Davis, Dan Sullivan and Roger Forrester to the MMPC Board of Directors with
terms that will expire April 15, 2012.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana, Arizona, as follows:
SECTION 1. That Carol McGorray, Herb Kai, Hurvie Davis, Dan Sullivan and
Roger Forrester shall be appointed to the Town of Marana Municipal Property
Corporation Board of Directors whose terms shall expire April 15, 2012.
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 15thst day of April, 2008.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson
Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
TOWN OF MARANA MUNICIPAL PROPERTY CORPORATION
(Proposed)
OFFICERS
DIRECTORS
Carol McGorray
President
5242 W. Winding Desert Drive
Marana, AZ 85658
Date taking office: 04/15/2008
Carol McGorray
President/Director
5242 W. Winding Desert Drive
Marana, AZ 85658
Date taking office: 04/15/2008
Herb Kai Herb Kai
Vice President Vice President/Director
PO Box 550 PO Box 550
Rillito, AZ 85654 Rillito, AZ 85654
Date taking office: 04/15/2008 Date taking office: 04/15/2008
Dan Sullivan Dan Sullivan
Secretary/Treasurer Secretary/Treasurer/Director
6881 W. Rifle Way 6881 W. Rifle Way
Tucson, AZ 85743 Tucson, AZ 85743
Date taking office: 04/15/2008 Date taking office: 04/15/2008
Hurvie Davis
Director
9347 Wishing Star Drive
Tucson, AZ 85743
Date taking office: 04/15/2008
Roger Forrester
13295 N. Heritage Gateway
Marana, AZ 85658
Date taking office: 04/15/2008
~nNN n~-
TOWN COUNCIL -}~"
MEETING TOWN OF MARANA 9 M,akAhn ;
INFORMATION `'
gR1ZONP
MEETING DATE: April 15, 2008 AGENDA ITEM: L.1
TO: MAYOR AND COUNCIL
FROM: Mike Reuwsaat, Town Manager and Stephen Romero,
Intergovernmental Affairs Administrator
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 12 and 13.
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/04/08/2008/1:17 PM
IN THIS
ISSUE
GPLET Bill To Be Heard ....... 1
Photo Enforcement Plan Shifts
Burden To Local
Government ............................ 2
Taxation With Some
Representation ........................ 2
Budget Update ........................ 2
Bills Of Note ........................... 2
It's Resolution Time Again! ... 3
Flagstaff Legislative Day A
Success! .................................. 3
The Weekly Spotlight ............. 4
Legislative Bulletin is published by the
League of Arizona Ci[ies and Towns.
Forward your comments or suggestion s
to:
League of Arizona Cities & Towns
(820 West Washington Street
Phoenix, Arizona 85007
Phone: 602-258-5786
Fax: 602-253-3874
Email league@ azleague.org
Internet: www.azleague.org
Bulletin Issue 12 -March 28, 2008
GPLET BILL TO BE HEARD
Despite an enormous state budget deficit and a faltering state economy, the Legislature
may be poised to take away yet another municipal economic development tool. You'll
recall that last year Senator Ken Cheuvront (D-Phoenix) championed a measure to
prevent cities and towns from using sales tax incentives to lure retailers. This year he is
the leading advocate of the effort to take away our use of GPLET (Government Property
Lease Excise Tax) to lure other kinds of business activity.
GPLET, often used in depressed or blighted areas, allows cities to lease city property to
tenants who will develop the property and receive a reduced level of city taxes for a
period of time. Most of the GPLET tenants are large commercial developers who can
put up the capital to make the enormous infrastructure investment necessary to revitalize
an area. Without the ability to use GPLET, most (if not all) of the projects would not be
economically feasible.
Despite success stories from cities across the state documenting the positive economic
value of GPLET, the House Ways & Means Committee will consider astrike-everything
amendment on Senate Bi111260 next Monday the 31St. The amendment will completely
revamp GPLET and strip away most of the provisions that allow cities and towns to
negotiate with developers to determine the length of the lease excise tax. Instead, the
legislature may impose aone-size-fits-all scheme that has other problematic provisions
that raise constitutional and other legal issues.
Also, it's highly unusual that such a major piece oflegislation, asea-change in economic
policy, is being done via a striker late in the legislative session with no workgroup
process or other ability of the various stakeholders to have a hand in shaping the bill.
Legislative history has shown that alate-session striker that was not properly vetted can
have serious negative unintended consequences.
Please call your legislator and let them know that S.B. 1260 is an overreaction that is bad for cities, the state and the
economy.
On the flip side, House Bi112803, a meaningful, first-step GPLET reform bill sponsored by Representative John Nelson
(R-Glendale) will be heard Monday afternoon as well in the Senate Government Committee. The League will testify
in support of Rep. Nelson's bill.
March 28, 2008
PHOTO ENFORCEMENT PLAN SHIFTS
BURDEN TO LOCAL GOVERNMENTS
While budget details are few and far between as
leadership in both houses continue to meet with the
Governor to address both the FY 2008 and FY 2009
budgets, the Governor's proposal to contribute $90
million to the shortfall through the use of statewide
photo enforcement plan has tremendous budget impact
on local governments. The Governor's Executive
Budget FY2009 Summary contains the following
provision on page 49 (emphasis added):
"DPS Photo Enforcement Fund: Amend A.R.S. § 28-
1554 to direct to the DPS Photo Enforcement Fund all
fees, fines, forfeitures and civil penalties generated by
DPS photo enforcement systems and collected by any
municipal or justice court."
Essentially, the state will receive every cent of monies
generated by the citations, while the city and county
courts will bear all of the administrative burdens and
costs. It is difficult to estimate which cities and towns
will be affected most, since much of the state's
enforcement program is expected to be mobile (we
anticipate the largest impact will be in those small
communities along busy state highways). This
unfunded mandate will lead to an intermittent flood of
citations into a municipality's court with no
supplemental funding. Currently, cities and towns have
agreements with DPS to recover costs incurred by
processing state highway citations.
Additional safety enforcement on state highways is
important. However, the costs of this state
responsibility should not be shifted onto the backs of
municipalities and counties in order to solve the state
budget deficit. Maintaining the status quo of simple
cost recovery for the cities and towns helps offset the
additional burden these hundreds of thousands of
citations will put on local courts while allowing the state
to retain any profit from its system.
Budget negotiations are tough; once a deal is made; it is
rarely undone or changed. The Governor's Office, as
well as your legislative delegation and legislative
leadership, need to hear from you now about the
impacts such a proposal will have on your
community! Please refer to Your Voice at the Capitol
for contact information or contact League staff for
assistance.
TAXATION WITH SOME
REPRESENTATION
Over the last few weeks we have reported on House Bill
2723, sponsored by Representative Andy Tobin (R-
Prescott). This is the bill that would create a special
taxing district that would be able to levy a sales tax
without incorporating. The bill is designed almost
entirely for Tusayan near the Grand Canyon.
Representative Tobin did amend his bill to allow for an
election of the governing board, but there are still major
concerns for us and others, especially that this newly
elected board would not have the same accountability
standards as cities and towns do, yet would be able to
levy a sales tax. After days of being on the floor
calendar and not being heard, the bill was finally Third
Read on Thursday and passed 35-21-4. The opposition
votes were bi-partisan. We will continue to be against
this bill as it crosses over to the Senate.
BUDGET UPDATE
Reports around the capitol indicate that House and
Senate leaders will continue budget negotiations with
the Governor through this weekend. We understand that
they will try to craft new budgets for both fiscal years
2007-08 and 2008-09 at the same time. If they are able
to finish in the next couple of weeks, there is speculation
that session will come to an early end because it is an
election year and some members want all the in-district
campaign time they can get.
Regarding the budget, we have heard nothing but
support for maintaining shared revenues. Further, both
House and Senate leadership assured us they would
contact us if shared revenues were on the budget table.
Happily, we've not heard anything. We'll keep you
informed of any developments.
BILLS OF NOTE
The Governor signed House Bill 2066 -sign
walkers; municipal regulation on March 25th.
This bill requires cities and towns to allow sign
walkers (people waving or twirling temporary
signs along streets and intersections), but does
grant authority to municipalities to put time,
place and manner restrictions on them. The bill
will be effective 90 days after the session is
over.
The House passed House Bi112766, sponsored
by Representative Lucy Mason (R-Prescott)
- the omnibus energy act of 2008 by a vote of
March 28, 2008
Bills Of Note contd.
43-13-4 this past Thursday. The bill was
amended by all the stakeholders to remove the
unworkable provisions. Rep. Mason is
expecting this bill to lead to more energy
conservation, greater efficiency in energy use,
and promote the use of solar energy systems.
The League is currently neutral on the bill.
House Bill 2270 - (NOW: water supply;
disclosure) will require that, beginning in 2009,
cities, towns and private water companies that
are located outside of an Active Mana eg ment
Area (AMA) provide to any person who asks a
written statement of the water supply status of
real property located in that entity's service
area. The bill will be heard in the Senate
Natural Resources and Rural Affairs Committee
this coming Wednesday, April 2nd. Please
contact the League if you have any concerns
with this bill.
IT'S RESOLUTIONS TIME AGAIN
The League's Annual Conference is quickly
approaching (August 19-22 in Paradise Valley) and so
it's time to put the resolutions process back in the
spotlight. Resolutions form the basis for the League's
annual legislative agenda. They are discussed and
debated by the Resolutions Committee, which consists
of each Mayor (or the Mayor's designated
Councilperson), at the League's Annual Conference.
The Committee considers all resolutions properly
submitted and referred by the Resolutions
Subcommittee, which meets prior to the Annual
Conference to vet and organize the submissions.
Resolutions approved by the Committee are used to
create the Municipal Policy Statement and the League's
legislative agenda for the upcoming year. More
information, including forms and instructions, will be
mailed to each city's Mayor and Manager in the next
few weeks. In the meantime, the following items should
be kept in mind:
Resolutions should be broadly applicable and
advance our municipal goals.
• The resolutions process is designed for
issues that impact a broad section of cities
and towns. If your city/town has an
issue(s) that just impacts your community,
please notify League staff and we will
assist you with this issue during the
legislative session.
Resolutions must be sponsored by at least 2
municipalities.
• Some communities may require council
action to support a resolution. Take this
timing into consideration when finding
co-sponsors.
Resolutions must be correctly formatted with all
blanks adequately filled in.
• Other cities and towns rely on your
information to decide whether or not to
support a resolution. Clear, concise and
complete information is essential.
Resolutions must be submitted to the League no later
that 5:00 p.m. June 16, 2008.
If you have any questions, please contact Cheyenne at
the League for more information.
FLAGSTAFF LEGISLATIVE DAY A
SUCCESS
The City of Flagstaff took advantage of this League
service this week and gave their legislators amid-
session update on the city's priorities and remaining
legislation that impacts their community. Joining them
to discuss issues such as shared revenues, economic
incentives and education were representatives from
Coconino County and Northern Arizona University.
Representatives Tom Chabin (D- Flagstaff), Albert
Tom (D- Chambers), Lucy Mason (R- Prescott) and
Andy Tobin (R- Prescott) attended the event and
participated in the lively discussion about how the city
can partner with legislators to accomplish policy goals
for the state.
The Weekly Spotlight-
Senator Robert Blendu
This week's Spotlight features Senator
Robert Blendu (R-Litchfield Park). A E r
native of Indiana, Senator Blendu has
lived in the West Valley since 1963. He ' ~~`
is a First Vice President with Morgan
Stanley and he and his wife, Anna, have
been married for over 43 years. They
have nine children and 17 grandchildren. Senator
Blendu is active in his church and speaks fluent Spanish.
He is the President Pro Tempore of the Senate and sits
on the Commerce and Economic Development (Vice-
Chair), Government (Vice-Chair), Natural Resources
and Rural Affairs and Transportation Committees.
March 28, 2008
What prompted you to run for the legislature?
A sense of giving back to a great country that has been
good to me.
How would you get more people interested in the
legislative arena?
Have them read our country's Constitution first.
What's your proudest legislative achievement?
Helping people battle government bureaucrats when no
one else will help.
What do you think is the proper role of state
government? Of local government?
In both cases, the proper role is to serve.
What kinds of things do you do to relax favorite music,
books, etc?
I like to travel to historical places and go to adventure
movies (Indiana Jones, etc.). My favorite group is The
Beatles; I also enjoy reading books on history, such as
John Adams, etc.
Thank you for your time.
Thank you.
4 March 28, 2008
IN THIS
ISSUE
GPLET Bills Have Different
Results ........................................ 1
Budget Continues To Progress
Slowly ........................................ 2
Employer Sanctions And
Licenses ..................................... 2
Swap Agreements Bill Likely
Curtailed .................................... 2
Personnel Disclosure Bill Raises
Concerns .................................... 3
Evidence Storage Bill
Amended .................................... 3
Guns In Restaurants ................... 3
NLC Seeks Comments On FEMA
Proposals .................................... 4
The Weekly Spotlight ................ 4
Legislative Bulletin is published by the
League of Arizona Ci[ies and Towns.
Forwazd your comments or suggestions
to:
League of Arizona Ci[ies & Towns
1820 West Washington Street
Phoenix, Arizona 85007
Phone: 602-258-5786
Fax: 602-253-3874
Email: league(a),azleague.org
Bulletin -Issue 13 - Apri14, 2008
GPLET BILLS HAVE DIFFERENT RESULTS
Senator Ken Cheuvront's (D-Phoenix) bill to drastically curtail cities' use of the
government property lease excise tax (GPLET) reappeared as astrike-everything
amendment on Senate Bill 1260 Monday in the House Ways and Means Committee.
The proposed amendment brought backSenator Cheuvront's attempt to impair the
cities' ability to offer incentives for any kind of redevelopment in currently blighted
areas.
GPLET allows cities to lease city property to tenants who will develop the property
and receive a reduced level of city taxes for a period of time. Most of the tenants who
use GPLET are large commercial developers who can put up the capital to make the
enormous infrastructure investment necessary to revitalize an area. Without GPLET,
many projects would not be economically feasible.
The League, along with cities, towns, chambers of commerce, business groups and
developers testified against this bill in committee. Several committee members
including Representatives Tom Chabin (D-Flagstaff), Michelle Reagan (R-
Scottsdale), Adam Driggs (R-Phoenix), Steve Farley (D-Tucson) and Rick
Murphy (R-Glendale) aired concerns similar to those in opposition, and questioned
the need for an immediate restriction on GPLET without looking at true reform -
with all stakeholders involved in the process of re-evaluation. The bill failed in
committee by a 3-5-2 vote and this will hopefully be the last time we see Sen.
Cheuvront's GPLET restrictions.
Over on the Senate side, at the same time Senate Bill 1260 was being heard in the
House, House Bi112803 -GPLET; military use zones -sponsored by Representative
John Nelson (R-Glendale), was being considered by the Senate Government
Committee. House Bill 2803 also looks at GPLET reform, but is a more suitable
alternative to Sen. Cheuvront's bill. This bill does not remove or restrict the ability of
cities to use GPLET, but provides greater transparency in the ways in which cities
designate GPLET properties. The League supported this bill, and viewed it as a true first step towards understanding
how to improve GPLET. The bill successfully passed through committee.
Thank you to those who helped in the effort to help legislators and staff understand the value of GPLET.
Apri14, 2008
BUDGET CONTINUES TO PROGRESS
SLOWLY
The State continues to discuss ways to address the
budget shortfall, which is now estimated to be close to
$3 billion for this fiscal year and next. While details
from the budget negotiations between leadership from
both houses and the Governor continue to be few and
far between, the Senate Appropriations Committee
received an update from the Joint Legislative Budget
Committee (JLBC) this week on budget proposals.
The focus was on the Governor's FY2009 Executive
Budget, which is made up of agency budget cuts, fund
shifts and sweeps, shifting funding for the Department
of Public Safety (DPS) to the State Highway Fund,
and relocating state inmates to county jails and the
state photo enforcement plan.
As we noted last week, the Governor's photo
enforcement plan is expected to bring $90 million in
revenue in FY2009 alone, partly due to municipal and
justice courts processing all of tickets without any
way to recoup those costs. JLBC staff clarified this
caveat for the Appropriations Committee, estimating
that the photo enforcement system would double the
current workload that DPS citations place on local
courts. Senator Jake Flake (R- Snowflake)
expressed his concerns about this provision, noting
that local jurisdictions receive a portion of the fines
from DPS citations currently. Staff also clarified that
the $90 million also includes all of the surcharges that
are normally dedicated to court funding programs.
The League sent Governor Napolitano a letter this
week outlining municipal concerns with the photo
enforcement proposal. We do not take issue with the
proposal for additional safety enforcement on state
roads, but local governments need a way to recoup the
costs.. Including a cost recovery mechanism in the
proposal would ensure that cities and towns are not
burdened further in this tough economic time. The
letter is attached for your convenience. We
encourage you to contact the Governor, legislative
leadership and your legislative delegation about
your concerns with this proposal.
Wrapping up the JLBC discussion, the Appropriations
Committee Chairman, Senator Bob Burns (R-
Peoria), questioned the budget negotiation process,
comparing the State's focus on cost and fund shifts to
the tough decisions, such as structural cuts and
reducing spending, that cities, towns and counties are
making to address their budget issues. Committee
members, including Senators Albert Hale (D-
Window Rock) and Karen Johnson (R- Mesa),
expressed frustration with the `secretive' budget
process and the apparent lack of progress.
EMPLOYER SANCTIONS AND
LICENSES
Both of the employer sanctions bills, House Bill 2745
and Senate Bill 1374, contain provisions that would
require governmental entities that issue licenses to
verify the legal presence of the license applicant
before issuing a license. Many cities and towns have
a variety of concerns over these provisions. These
concerns include:
^ Which licenses are involved - sales tax,
special use permits or regulatory permits?
What if an applicant is a corporation? Who
then is the responsible person that needs to
have their legal presence verified?
Municipalities issue new licenses and
renewals continually. Could the denials of
renewals result in a massive number of
appeals? Will the new requirement of
background checking lead to a backlog and
decreased efficiency in issuing licenses to the
detriment of business and the economy?
^ What if a city or town uses electronic means
for license applications? How is the applicant
supposed to show their identification?
House Bill 2745, sponsored by Representative
Russell Pearce (R-Mesa) passed the House Third
Read this week and has been transmitted to the
Senate. Senate Bill 1374, sponsored by Senator Bob
Burns (R-Peoria) passed Senate Appropriations by a
vote of 5-3, with 3 not voting. An effort is underway
to educate the legislature of the practical impacts of
these restrictions. We will keep you apprised on the
movements of both of these bills.
SWAP AGREEMENTS BILL LIKELY
CURTAILED
A bill to increase municipal financing flexibility that
is making its way through the legislative process and
supported by the League hit some snags recently.
House Bill 2479 -governmental swap agreements;
conditions - sponsored by Representative Kirk
Adams (R - Mesa), eliminates the population
threshold requirement for cities eligible to enter into
Apri14, 2008
Swap Agreements Bill Likely Curtailed contd.
swap agreements, provided that certain guidelines and
disclosure policies are met.
Under current law, cities and towns with populations
above 300,000 may enter into swap agreements. A
swap agreement is an agreement between a
governmental entity and a financial institution to
manage interest rate risks by exchanging interest
payments. These agreements allow cities to lower
their borrowing costs and increase their financing
flexibility.
However, swap agreements have come under fire
recently, particularly in the eastern United States. For
example, Jefferson County, Alabama recently
defaulted on a swap agreement and liquidity facilities,
causing the county to default on a $53 million sewer
bond payment. The default caused Moody's Investor
Service and Standard & Poor's to downgrade the
county's other credits because of the possibility the
county may file for bankruptcy.
With the negative consequences of debt swaps in
mind, we expect the Senate to put several more
restrictive amendments on House Bill 2479. One
amendment will limit the agreements to cities and
towns with a population greater than 30,000 residents.
Only 23 of Arizona's cities and towns would be
eligible to enter into these agreements. Other
amendments will likely include further restrictions
placed on an independent advisor who will determine
if a swap agreement is appropriate for that particular
governmental entity and a reporting requirement to the
Debt Oversight Commission.
The bill was held in Senate Caucus this past week,
blocking its next move, which would be consideration
by the Senate Committee of the Whole (COW). We
expect the bill to be amended in COW next week.
PERSONNEL DISCLOSURE BILL
RAISES CONCERNS
We certainly agree that government employees should
be held accountable to the public they serve.
However, one bill that would make all government
employees' disciplinary actions in their personnel files
available to the public poses many legal and logistical
problems.
House Bill 2159 -disciplinary records; open to the
public -would require all employees of any public
body in the state to have their disciplinary records
made available for inspection and copying for anyone
who requests, unless specifically prohibited by law.
Such broad provisions could certainly cause legal and
managerial problems for cities and towns if employees
have access to all of their colleagues' and supervisors'
disciplinary records. The logistical and other
problems caused by such broad disclosure
requirements could certainly grind local governments
to a halt.
The bill is currently scheduled for a hearing in the
Senate Government Committee next Monday, April
7`''. Because of the numerous problems outlined
above, the League will oppose the bill along with the
Arizona Department of Administration and certainly
numerous other local governmental entities.
EVIDENCE STORAGE BILL
AMENDED
Senate Bill 1412 -biological evidence; retention;
preservation - sponsored by Senator John
Huppenthal (R-Chandler) creates new standards for
the storing of biological evidence for homicides and
felony sexual offenses. The bill requires a
governmental entity to appropriately store evidence
for up to 55 years. Initially we had grave fiscal
concerns with this requirement, but the Chair of the
House Judiciary Committee, Representative Eddie
Farnsworth (R-Gilbert), introduced an amendment
to allow law enforcement agencies to only retain a
sampling for future DNA testing, not the entire bulk
piece of evidence.
There are still some issues with the bill that could be
addressed in a floor amendment, but the Farnsworth
amendment alleviated our greatest cost concern. As
amended, the bill passed the House Judiciary
Committee by a vote of 7-2, with the always steadfast
League allies Representatives Rich Crandall (R-
Mesa) and Bill Konopnicki (R-Safford) voting no.
The bill now goes on to the Rules Committee.
GUNS IN RESTAURANTS
After weeks of dormancy, Senate Bill 1132 -
firearms; restaurants; posting -appeared on the
Senate Third Read calendar for Thursday, April 3rd.
Senator Jack Harper (R-Surprise) is the sponsor.
This bill allows a restaurant that has a Class 12 license
(at least 40% of the gross sales from food) to allow a
person to carry a pistol into the restaurant, but only if
Apri14, 2008
Guns In Restaurants contd.
the restaurant posts a sign stating they allow pistols.
The type of signage will be determined by the
Department of Liquor Licenses and Control. The
person carrying the pistol can not be served alcohol.
The bill passed the Senate Third Read by a vote of 18-
10, with two absent and now goes onto the House.
NLC SEEKS COMMENTS ON FEMA
PROPOSALS
The National League of Cities (NLC) notified us that
the Federal Emergency Management Agency (FEMA)
has requested comments on several proposed notices
concerning disaster assistance regulations. Comments
are due within 30 days of the date the notice was
issued, which are available on the individual notice.
Specific instructions for submitting comments are
contained in the notices as well.
Proposed policy changes include:
• FEMA's authority to fund repairs to certain
levees and other flood control works
• Disaster Assistance Policy DAP9524.4,
Repair vs. Replacement of a Facility under 44
CFR ~206.226(~ (The 50 Percent Rule).
• Criteria that a Private Nonprofit (PNP) facility
must meet to qualify as an eligible PNP
Museum.
• Guidance for determining the eligibility of the
replacement of animals that may be considered
"equipment and furnishings: associated with
disaster-damaged eligible public or PNP
facilities.
• Guidance in determining the eligibility of
damage and extraordinary maintenance to
applicant-owned equipment performing
emergency work under severe conditions.
The notices can be found at
http://www.nlc.org/topics/index.aspx?SectionID =publi.
c safe Please forward your comments to Leslie
Wollack (wollacknaa.nlc.org) at NLC if you choose to
submit any.
The Weekly Spotlight
Senator Paula Aboud
Senator Paula Aboud, (D-Tucson)
is a graduate of the University of
Arizona and a third-generation ~`».
Tucson resident. She is committed
to improving the quality of life for - ~.»
~.
Arizona residents and especially for
Southern Arizona. The senator has ,
been a teacher, coach, real estate
agent and property manager. Her coaching tenure
includes state champion volleyball teams and college
level tennis and squash.
Senator Aboud has a strong record of public service in
Pima County, working tirelessly to build a strong
Democratic Party organization, to engage and inspire
individuals to become active in the political process,
and to promote the Democratic message of hope and
equality. Her passions and interests include politics,
community building, self-empowerment, women's
issues and the issues affecting children, family and the
elderly.
She is a member of the Senate Appropriations, Health,
Higher Education and Appropriations Subcommittee
on Education and Natural Resources. She is also on
the Joint Legislative Budget Committee, the Joint
Capital Review Committee and four interim
committees -Joint Ad Hoc Task Force on Higher
Education Reform, Joint Legislative Oversight
Committee on Residual Contamination of Drug
Properties, Domestic Relations Committee, and
Education Commission on the States.
What prompted you to run for the legislature?
Gabrielle Giffords resigned to run for Congress
leaving the Senate position open. As a county
Democratic Party leader who worked for 4 years to re-
organize the county into a political force, I was
perfectly positioned to step into the State Senate
position. I was a good fit for the position and chose to
run for (re)election in 2006 and won.
How would you get more people interested in the
legislative arena?
No matter where I go, I ask folks to consider running
for office. Breaking down that mental barrier helps to
awaken them to other possibilities. In addition, I
attend neighborhood meetings to talk about politics. I
invite folks to think about what the state legislature is
doing by talking about current bills. I encourage high
April 4, 2008
school aged folks to get involved. I ask seniors to
volunteer for candidates or for the political party of
their choice, etc. This country is at a turning point---
we need a government that is responsive to the needs
of vulnerable populations, to local issues, to the rights
of women, etc. Everyone is keenly aware of the need
for this country to turn the corner in terms of the way
we do business.
What's your proudest legislative achievement?
My proudest legislative achievement occurred a few
weeks ago when I sponsored and facilitated a live,
televised debate/forum on English Language
Learners. The participants were Superintendent of
Public Schools Tom Horne and his staff and 3
statewide school district superintendents. This forum
has begun the healing process between the parties and
has opened the door to further discussions to work to
resolve this contentious issue on behalf of public
school students, teachers and
superintendents throughout the state.
What do you think is the proper role of state
government? Of local government?
Part of the role of local and state government is to
protect its citizenry, to provide services for them and
to help provide, where possible, for their needs.
What kinds of things do you do to relax favorite music,
books, etc?
I love camping, gardening, home remodeling,
traveling, playing bridge (or cards of any kind),
playing tennis and ping pong, and I love cooking (and
eating) healthy, quality, tasty, spicy foods.
Thank you for your time.
Thank you for the opportunity.
5
Apri14, 2008
League of Arizona
Clues ANDTOWl1S
1820 W. Washington • Phoenix,AZ 85007 • Phone: (602) 258-5786 • Fax: (602) 253-3874
Email: league@azleague.org • Web site: www azleague.arg
March 31, 2008
VIA HAND DELIVERY
The Honorable Janet Napolitano
Governor of Arizona
1700 West Washington Street
Phoenix, AZ 85007
Dear Governor Napolitano,
Several cities and towns successfully utilize photo enforcement as an additional traffic
enforcement tool. We applaud your office for proposing to expand this creative public safety
solution statewide and look forward to working with you on implementing this project in the
future.
However, our member cities and towns have serious concerns regarding the budget
proposal component of the State's photo enforcement program. The Executive Budget Summary
Fiscal Year 2009 states that all fines and other non-surcharge monies are dedicated to DPS, but
are to be collected by municipal and justice courts. This provision places a significant unfunded
mandate on communities, particularly small, rural ones. While the precise fiscal impact is
difficult to estimate given the mobile nature of state's proposal, the addition of 100 fixed and
mobile cameras resulting in $90 million in state revenue foreshadows a tremendous increase in
the number of cases going to municipal court operations statewide.
The League of Arizona Cities and Towns requests that the final proposal include a cost
recovery mechanism for local governments, either specifically in the statute or through the
allowance of an intergovernmental agreement. Such a solution simply compensates cities and
towns for their actual costs, while still remitting all the money from fines to the state treasury.
Including this reasonable cost-reimbursement provision will allow us to better partner with the
state to provide for the safety of all residents.
Sincerely,
Ken Strobeck
Executive Director
cc: Tim Bee, Senate President
Jim Weiers, Speaker of the House
Marsha Arzberger, Senate Minority Leader
Phil Lopes, House Minority Leader