HomeMy WebLinkAbout05/04/2010 AMENDED Regular Council Agenda Packet~'
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Amended at 4:42 p.m. on May 3, 2010 - REGULAR COUNCIL MEETING
NOTICE AND AGENDA
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, May 4, 2010, at or after 7:00 PM
Ed Honea, Mayor
Herb Kai, Vice Mayor
Russell Clanagan, Council Member
Patti Comerford, Council Member
Carol McGorray, Council Member
Jon Post, Council Member
Roxanne Ziegler, Council Member
ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA.
Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items appear in
italics.
As a courtesy to others please turn off or put in silent mode all payers and cell phones.
Meetin~Times
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.
leaking at Meetings
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.
Accessibility
To better serve the citizens of Marana and others attending our meetings, the Council Chambers are
wheelchair and handicapped accessible. Any person who, by reason of any disability, is in need of
special services as a result of their disability, such as assistive listening devices, agenda materials
printed in Braille or large print, a signer for the hearing impaired, etc., will be accommodated. Such
Regular Council Meeting -May 4, 2010 -Page 1 of 109
special services are available upon prior request to the Town Clerk at least 10 working days prior to
the Council meeting.
Agendas
Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers
or online at www.marana.com, by linking to the Town Clerk page under Agendas, Minutes and
Ordinances. For questions about the Council meetings, special services or procedures, please contact
the Town Clerk, at 382-1999, Monday through Friday from 8:00 a.m. to 5:00 p.m.
Posted no later than Monday, May 03, 2010, 7:00 PM, at the Marana Municipal Complex, the Marana
Operations Center and at www.marana.com under Town Clerk, Agendas, Minutes and Ordinances.
REGULAR COUNCIL MEETING
CALL TO ORDER AND ROLL CALL
PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE
APPROVAL OF AGENDA
CALL TO THE PUBLIC
At this time any member of the public is allowed to address the Town Council on any issue not
already on tonight's agenda. The speaker may have up to three minutes to speak. Any persons
wishing to address the Council must complete a speaker card located outside the Council
Chambers and deliver it to the Town Clerk prior to the commencement of the meeting. No
electronic capability will be provided by the town beyond existing voice amplication and
recording (for DVD, CD Rom, USB drives, etc.) Pursuant to the Arizona Open Meeting Law, at
the conclusion of Call to the Public, individual members of the council may respond to criticism
made by those who have addressed the Council, may ask staff to review the matter, or may ask
that the matter be placed on a future agenda.
PROCLAMATIONS
Mountain View High School Future Business Leaders Proclamation
Public Works Week Proclamation
MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS
MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS
PRESENTATIONS
CONSENT AGENDA
The Consent Agenda contains items requiring action by the Council which are generally routine
items not requiring Council discussion. A single motion will approve all items on the Consent
agenda, including any resolutions or ordinances. A Council Member may remove any issue from
Regular Council Meeting -May 4, 2010 -Page 2 of 109
the Consent agenda, and that issue will be discussed and voted upon separately, immediately
following the Consent agenda.
C 1: Resolution No. 2010-40:Relating to Emergency Management; approving and
authorizing the Mayor to execute the Arizona Mutual Aid Compact on behalf of the
Town of Marana (Terry Tometich)
C 2: _Resolution No. 2.010-41: Relating to Intergovernmental Relations; approving
and authorizing the Mayor to execute the first amendment to the intergovernmental
agreement among the Town of Marana, Northwest Fire District and Marana Unified
School District No. 6 for development review and inspection, facility use and general
cooperation (Jane Fairall)
C 3: Ordinance No. 2010.06: Relating to Mayor and Council; amending Town
Code Section 2-5-5 ("Effective date of ordinances") to clarify which ordinances,
resolutions and franchises require an emergency clause in order to be immediately
operative; and designating an effective date (Jane Fairall)
C 4: Resolution No. 2010-42 __Relating to Public Works; approving and authorizing
the Mayor to execute an amendment to the intergovernmental agreement with the
Regional Transportation Authority of Pima County concerning the design concept
report for the Tangerine Road corridor (Scott Leska)
C 5: Minutes of the April 13, 2010 special council meeting and the Apri120, 2010
regular council meeting
LIQUOR LICENSES
BOARDS, COMMISSIONS AND COMMITTEES
COUNCIL ACTION
A 1: Resolution No. 2010-43Relating to Parks and Recreation; formally
recognizing and providing support and assistance to the Marana Heritage
Conservancy in its efforts to preserve and enhance Marana's rich cultural heritage
(Tom Ellis)
A 2: Resolution No. 2010-44:._Relating to Economic Development; adopting the Changed
Marana Job Creation Incentive Program and authorizing the Town Manager to
administer it (Josh Wright)
A 3: Ordinance No. 2010.07: Relating to Finance; adopting the amended Town of
Marana Comprehensive Fee Schedule and designating an effective date
Resolution No. 2010-45: Relating to Finance; declaring the amended Town of
Marana Comprehensive Fee Schedule as a public record filed with the Town Clerk
(Erik Montague)
A 4: Resolution No. 2010-46___Relating to Water; approving and authorizing the
Mayor to execute an amendment to and extension of the intergovernmental
agreement between the City of Tucson and the Town of Marana regarding Tucson
Water service area within the town limits of the Town of Marana (Frank Cassidy)
A 5: Resolution_No. 2010-47: Relating to Public Works; approving and Added Late
Regular Council Meeting -May 4, 2010 -Page 3 of 109
authorizing the Mayor to execute a Canal Undergrounding Agreement with Cortaro-
Marana Irrigation District~Cortaro Water Users Association (Frank Cassidy)
ITEMS FOR DISCUSSION/POSSIBLE ACTION
D 1: Legislative/Interg_overnmental Report:_ Discussion/Direction/Action regarding
all pending state and federal legislation and report on recent meetings of other
legislative bodies (Steve Huffman)
EXECUTIVE SESSIONS
E 1: Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or
consultation for legal advice with the Town Attorney concerning any matter listed on this
agenda.
E 2: Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), discussion
or consultation for legal advice with the Town's attorneys and discussion and to
consider its position and instruct the Town Manager and staff concerning possible
acquisition of certain water infrastructure and accounts and water rights and/or
resources
E 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 (1) the
lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana
(consolidated), Maricopa County Superior Court No. CV2008-001131, (2) pending
legal issues, settlement discussions and contract negotiations relating to the transition
of Marana wastewater collection and treatment to the Town of Marana
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)
ADJOURNMENT
Regular Council Meeting -May 4, 2010 -Page 4 of 109
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Regular Council Meeting -May 4, 2010 -Page 6 of 109
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11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
COUNCIL CHAMBERS, May 4, 2010, 7:00:00 PM
To: Mayor and Council
From: Terry Tometich ,Chief of Police
Strategic Plan Focus Area:
Community Building
Item C 1
Subject: Resolution No..2010-40: Relating to Emergency Management; approving and
authorizing the Mayor to execute the Arizona Mutual Aid Compact on behalf of the
Town of Marana
Discussion:
The state of Arizona and numerous counties, tribes, cities, towns, fire departments and fire
districts within Arizona have entered into the Arizona Mutual Aid Compact (AZMAC) for the
purpose of providing mutual aid assistance to one another in the event of an emergency. A list of
jurisdictions currently participating in the AZMAC is attached for your information.
The proposed resolution will authorize the. Mayor to execute the AZMAC on behalf of the Town
of Marana. The AZMAC provides procedures to notify participating parties of the need for
emergency assistance, procedures for identifying available resources and a mechanism for
compensating a providing party for resources used on behalf of a requesting party during an
emergency. The Town of Marana's participation in the AZMAC will help to ensure that all
jurisdictions in Arizona, including the Town, have all available resources at the ready during an
emergency situation. _
Financial Impact:
There is no initial financial impact to entering into the AZMAC. If an emergency arises in which
the Town requests assistance, the Town may be required to reimburse providing parties for that
assistance in accordance with the AZMAC. Likewise, if the Town provides assistance to, another
party to the compact, the Town may request reimbursement pursuant to the compact.
ATTACHMENTS:
Name: Description: Type:
O Reso re approval of
AZMAC_(00020488).DOC Resolution Resolution
^ EX A Arizona Mutual Aid
__-
Compact (AZMAC) Exhibt A -AZMAC Exhibit
(00020484).pdf
~ AZMAC list of participating .
entities_(00020483).PDF List of entities participating in AZMAC Backup Material
Regular Council Meeting -May 4, 2010 -Page 7 of 109
Staff Recommendation:
Staff recommends approval of the AZMAC.
Suggested Motion:
I move to adopt Resolution No. 2010-40, approving and authorizing the Mayor to execute the
Arizona Mutual Aid Compact on behalf of the Town of Marana.
Regular Council Meeting -May 4, 2010 -Page 8 of 109
MARANA RESOLUTION N0.2010-40
RELATING TO EMERGENCY MANAGEMENT; APPROVING AND AUTHORIZING THE
MAYOR TO EXECUTE THE ARIZONA MUTUAL AID COMPACT ON BEHALF OF THE
TOWN OF MARANA
WHEREAS the state of Arizona and numerous counties, tribes, cities, towns, fire depart-
ments and fire districts within Arizona have entered into the Arizona Mutual Aid Compact
(AZMAC) for the purpose of providing mutual aid assistance to one another in the event of an emer-
gency; and
WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of
the public for the Town of Marana to enter into the Arizona Mutual Aid Compact.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, AS FOLLOWS:
SECTION I. The Town Council hereby approves the Arizona Mutual Aid Compact
(AZMAC), attached to and incorporated by this reference in this resolution as Exhibit A, and the
Mayor is hereby authorized to execute it for and on behalf of the Town of Marana.
SECTION 2. The Town's .Manager and staff are hereby directed and authorized to under-
take all other and further tasks required or beneficial to carry out the terms, obligations, and objec-
tives of the Arizona Mutual Aid Compact.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MA-
RANA, ARIZONA, this 4t" day of May, 2010.
Mayor Ed Honea
ATTEST:
APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney
Regular Council Meeting -May 4, 2010 -Page 9 of 109
{00020488.DOC /}
EXHIBIA A TO MARANA RESOLUTION NO. 2010-40
ARIZONA MUTUAL AID COMPACT
This Compact is made and entered into by and among the signatory political
jurisdictions within the State of Arizona and the Arizona Department of Emergency and
Military Affairs.
Recitals
WHEREAS, one or more parties to this Compact may find it necessary to utilize all of
their own resources to cope with emergencies and may require the assistance of
another party or other parties; and,
WHEREAS, it is desirable that all resources of political subdivisions, municipal
corporations, tribes and other public agencies be made available to respond to such
emergencies; and,
WHEREAS, it is desirable that each of the parties hereto should assist one another
when such emergency occurs by providing such resources as are available and needed
including, but not. limited to, fire, police, medical and health, environmental,
communication, and transportation services to cope with the problems of response and,
WHEREAS, it is desirable that a compact be executed for the interchange of such
mutual aid; and,
WHEREAS, it is desirable that the manner of financing of such cooperative
undertakings be resolved in advance of such emergency;
NOW, THEREFORE, IT IS HEREBY AGREED by and between each and all of the
signatories hereto as follows:
Regular Council Meeting -May 4, 2010 -Page 10 of 109
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EXHIBIA A TO MARANA RESOLUTION NO. 2010-40
COMPACT
1. Purpose.
The purpose of this Compact is to define for the participating parties the
emergency management terms and procedures which will be used among
participating parties for dispatching mutual aid assistance to any affected area in
accordance with local ordinances, resolutions, emergency plans or agreements.
Contracting authority for political subdivisions of Arizona for this Compact is
based upon A.R.S. § 26-308 which provides that each county and. incorporated
city and town of the state may appropriate and expend funds, make contracts
and obtain and distribute equipment, materials and supplies for emergency
management purposes. Tribal contracting authority will be in accordance with
each Tribe's laws.
2. Scope.
The Scope of this Compact is to (1) provide the procedures to notify the
Providing Parties of the need for emergency assistance; (2) to identify available
resources; and, (3) to provide a mechanism for compensation for resources.
3. Definitions.
Automatic Mutual Aid means the automatic dispatch and response of
requested resources without incident specific approvals. These agreements are
usually basic contracts; some may be informal accords.
Backfill means replacement of the Requesting Party's personnel who perform
the regular duties of other personnel while they are performing eligible
emergency work.
Compact means this document, the Arizona Mutual Aid Compact (AZMAC).
Director is the Director of the Department of Emergency and Military Affairs
(DEMA).
Emergency or Emergencies means any disaster, emergency, or contingency
situation which requires a collaborative effort among multiple Jurisdictions.
Jurisdiction means an entity, including Political Subdivisions and tribal
governments, which (1) has the authority to act, within a defined geographical
area especially in times of emergency and (2) is a party to this Compact.
Local Mutual Aid are agreements between neighboring jurisdictions or
organizations that involve a formal request for assistance and generally cover a
larger geographic area than automatic mutual aid.
Political Subdivision means any county, incorporated city or town, or public
education district, irrigation, power, electrical, agricultural improvement, drainage,
and flood control districts, and other tax levying public improvement districts.
Regular Council Meeting -May 4, 2010 -Page 11 of 109
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EXHIBIA A TO MARANA RESOLUTION NO. 2010-40
Providing Party means the Jurisdiction providing aid in the event of an
emergency.
Requesting Party means the Jurisdiction requesting aid in the event of an
Emergency.
Self-deployed means to respond to an emergency without being requested by
the Requesting Party.'
4. Guiding Policy.
Arizona Revised Statute (A.R.S.), Title 26, Military Affairs and Emergency
Management.
Arizona Administrative Code (A.A.C.), Title 8, Emergency and Military Affairs.
National Incident Management System (NIMS), 2008
5. Procedures for Requesting Assistance.
A Requesting Party, which needs assistance in excess of its own resources and
existing automatic mutual aid or local mutual aid due to an emergency is
authorized to request assistance from any party to this Compact. However,
when making such requests, consideration shall be given to, and requests made,
based on, but not limited to, the geographical proximity of other jurisdictions with
that of the jurisdiction requesting assistance. All requests for assistance from the
State must come from the Requesting Party's county.
Requests should specify what the emergency is, what resources are needed and
the estimated period of time during which such mutual aid shall be required, if
known. An example is provided in Appendix A.
6. Providing Party's Assessment of Availability of Resources and Ability to
Render Assistance.
Subject to the terms of this Compact, the Providing Party shall make reasonable
efforts to assist the Requesting Party. In all instances, the Providing Party shall
render such mutual aid as it is able to provide consistent with its own service
needs at the time, taking into consideration the Providing Party's existing
commitments within .its own jurisdiction. The Providing Party shall be the sole
judge of what mutual aid it has available to furnish to the Requesting Party
pursuant to this Compact.
7. Implementation Plan.
Each party should develop an emergency operations plan that includes a
process to provide for the effective mobilization of its resources, both public and
private, including acceptance of mutual aid to provide or receive assistance
under this Compact.
8. Contact List.
Each Party shall develop a contact list as outlined in Appendix B, which shall be
provided to the Director for distribution to all other parties to this Compact.
Regular Council Meeting -May 4, 2010 -Page 12 of 109
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EXHIBIA A TO MARANA RESOLUTION NO. 2010-40
9. Reimbursement Procedures.
If the Providing Party desires reimbursement, the Requesting Party shall
reimburse the Providing Party for all costs when any mutual assistance is
requested, whether an incident has been declared an emergency or not. The
Providing Party must declare to the Requesting Party its intent to seek
reimbursement before responding to the Requesting Party's request for
assistance. The Requesting Party, which is informed in advance of the Providing
Party's intent to request reimbursement and which subsequently authorizes the
Providing Party to respond, shall reimburse the providing party after receipt of an
itemized voucher and documentation of all allowable costs of labor, equipment,
and materials that have actually been expended in providing assistance.
The Providing Party and the Requesting party shall agree upon allowable costs
for mutual assistance prior to the dispatch of any mutual assistance resources.
Unless otherwise negotiated by the parties involved, the parties may reference
the state allowable costs as defined in A.A.C. Title 8 (as may be amended from
time to time).
10. Reimbursement Procedures from the State.
The state is not liable for any claim arising from an emergency for which the
applicant receives funds from another source (A.A.C. Title 8, R8-2-312).
Self-deployed resources will not be reimbursed.
When mutual aid is extended under this Compact to the State, if the Providing
Party desires reimbursement from the State, reimbursement, if any, to the
Providing Parties by the State for costs will be provided to the Requesting Party
pursuant to A.R.S. § 35-192, and A.A.C. Title 8 as applicable (as may be
amended from time to time). A requesting jurisdiction other than a county may
submit a request to the county for reimbursement. The county will then request
reimbursement from the Director for reimbursement of the Requesting Party.
After the State and/or President has declared an emergency, the Requesting
Party shall prepare an itemized voucher and documentation of all paid allowable
costs including all the cost of the Providing parties for submittal to the State for
consideration for reimbursement in accordance with A.A.C. Title 8 (as may be
amended from time to time).
11. Personnel Compensation and Insurance.
The Requesting Party and the Providing Party shall be responsible for all
compensation and insurance coverage of their respective employees and
equipment.
12. Immunity.
The parties shall have such immunity as provided by applicable state, federal or
tribal law.
Regular Council Meeting -May 4, 2010 -Page 13 of 109
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EXHIBIA A TO MARANA RESOLUTION NO. 2010-40
13. Indemnification.
To the fullest extent permitted by law, each party agrees to defend, indemnify,
and hold harmless the other party and the other party's officers, agents, and
employees from all claims, losses, and causes of actions arising out of, resulting
from, or in any manner connected with this Compact, but only to the extent such
claim, loss, cause of action, damage or injury is caused or contributed to by the
negligent acts or omissions of the indemnifying party.
14. Term.
This Compact shall be effective on the date it is recorded with the Secretary of
State. Except as otherwise provided in this Compact, this Compact shall
terminate ten years after the effective date. This Compact, upon mutual consent
of the parties may be extended for a period of time not to exceed 10 years. Any
modification or time extension of this Compact shall be by formal written
amendment and executed by the parties hereto.
15. ADA.
Each party shall comply with applicable provisions of the Americans with
Disabilities Act (Public Law 101-336, 42 United States Code. 12101-12213) and
all applicable federal regulations under the Act, including 28 Code of Federal
Regulation Parts 35 and 36.
16. Non-Discrimination.
All parties to this agreement shall not discriminate against any employee, client
or any other individual in any way because of that person's age, race, creed,
color, religion, sex, disability or national origin in the course of carrying out Party
duties pursuant to this Compact.
17. Compliance with Laws.
Each party shall comply with all federal, tribal, state and local laws, rules,
regulations, standards and Executive Orders, as applicable, without limitation to
those designated within this Compact. Any changes in the governing laws, rules
and regulations during the terms of this Compact shall. apply but do not require
an amendment.
18. Worker's Compensation.
Each party shall be responsible for any injuries which may occur to its own
personnel during the course of rendering mutual aid pursuant to this Compact. In
accordance with A.R.S. § 23-1022, each party of a political jurisdiction of Arizona
shall be deemed the primary employer and shall have sole responsibility for the
payment of worker's compensation benefits to their respective employees. Each
party shall comply with the notice provisions of A.R.S. § 23-1022 (E).
19. Insurance.
Each Requesting and Providing Party shall bear the risk. of its own actions, as it
does with its day-to-day operations, and determine for itself what kinds of
insurance, and in what amounts, it should carry.
Regular Council Meeting -May 4, 2010 -Page 14 of 109
EXHIBIA A TO MARANA RESOLUTION NO. 2010-40
20. Non-appropriation.
Notwithstanding any other provision in this Compact, a party may terminate its
participation in this Compact if for any reason the party does not appropriate
sufficient monies for the purpose of maintaining this Compact. In the event of
such cancellation, the terminating party shall have no further obligation to the
other parties other than for payment for services rendered prior to cancellation.
21. No Third Party Beneficiaries.
Nothing in the provisions of this Compact is intended to create duties or
obligations to or rights in third parties not parties to this Compact or affect the
legal liability of either party to the Compact by imposing any standard of care
different from the standard of care imposed by law.
22. Entire Agreement.
This document constitutes the entire Compact between the parties pertaining to
the subject matter hereof. This Compact shall not be modified, amended, altered
or extended except through a written amendment signed by the parties and
recorded with the Arizona Secretary of State or Tribal government as
appropriate.
23. Jurisdiction.
Nothing in this Compact shall be construed as otherwise limiting or extending the
legal jurisdiction of any party. Nothing in this Compact is intended to confer any
rights or remedies to any person or entity that is not a party.
24. Conflict of Interest.
This contract is subject to cancellation for conflict of interest pursuant to A.R.S. §
38-511, the pertinent provisions of which are incorporated herein by reference.
25. Supervision and Control.
Management of an emergency shall remain with the jurisdiction in which the
emergency occurred. Supervision and control of Providing Parties personnel and
equipment shall be in accordance with National Incident Management System.
The Requesting Party will be responsible for providing supplies and services,
such as food, shelter, gasoline and oil, for on-site use of equipment and for the
personnel providing assistance. All equipment and personnel used pursuant to
this Compact shall be returned to the Providing Party upon being released by the
Requesting Party or on demand of the Providing Party for such return.
26. Severability: Effect on Other Agreements.
It is expressly understood that this Compact shall not supplant existing
agreements between some of the parties, which do provide for the exchange or
furnishing of certain types of services on a compensated basis.
27. Severability.
If any provision of this Compact is held to be invalid or unenforceable, the
remaining provisions shall continue to be valid and enforceable to the full. extent
permitted by law.
Regular Council Meeting -May 4, 2010 -Page 15 of 109
EXHIBIA A TO MARANA RESOLUTION NO. 2010-40
28. Responsibility of the Department of Emergency and Military Affairs.
Nothing within this Compact limits or restricts the duties and obligations the State
of Arizona may have to respond to the emergency of any party.
29. Effective Date.
This Compact shall become effective as to each party when adopted by
resolution and executed by the governing body of the jurisdiction, and shall
remain operative and effective as between each and every party that has
heretofore or hereafter executed this Compact, until participation in this Compact
is terminated by the party. The termination by one or more of the parties of its
participation in this Compact shall not affect the operation of this Compact as
between the other parties thereto. The Director shall issue an annual report, with
updates as needed, to all parties identifying the parties to this Compact.
30. Execution Procedure.
Execution of this Compact shall be as follows:
This Compact, which will be designated as "ARIZONA MUTUAL AID
COMPACT," shall be executed in counterparts by the governing body of each
party. Upon execution, the counterpart will be filed with the Secretary of State
and the Tribal government as applicable and be provided to the Director. This
Compact will be effective between all parties who execute this Compact even if it
is not executed by all eligible jurisdictions.
31. Termination.
Termination of participation in this Compact may be effected by any party as
follows:
Notice of termination will be given to the Director 20 days prior to termination.
A party shall by resolution of its governing body terminate its participation in this
Compact and file a certified copy of such resolution with the Secretary of State or
the Tribal government, and a copy will be provided to the Director.
The parties to this Compact understand and acknowledge that this Compact is
subject to cancellation by any party pursuant to A.R.S. § 38-511 or applicable
Tribal law.
32. Dispute Resolution.
In the event of any controversy, which may arise out of this Compact, the parties
agree that the matter shall be arbitrated as provided in A.R.S. § 12-1518(A) or
applicable Tribal law. The method of arbitration and the selection of arbitrators
shall be decided by the mutual agreement of the parties at such time as
arbitration services are needs.
Regular Council Meeting -May 4, 2010 -Page 16 of 109
EXHIBIA A TO MARANA RESOLUTION NO. 2010-40
ARIZONA MUTUAL AID COMPACT
SIGNATURE PAGE
(NAME OF JURISDICTION)
IN WITNESS WHEREOF, the parties hereto each sign this Arizona Mutual Aid
Compact signature page. The signor warrants that he or she has been duly authorized
to commit the jurisdiction to participate in the Compact by formal approval of the
jurisdiction's governing body.
(Signing Authority)
ATTEST:
(Attesting Authority)
Date of formal approval by governing body:
Date
Pursuant to A.R.S. § 11-952(D) or applicable Tribal law, the attorney for the above
entity has determined that the foregoing Compact is in proper form and is within the
powers and authority of the entity as granted under the laws of this State and the
applicable Tribal government.
(Attorney)
Date
Date
Regular Council Meeting -May 4, 2010 -Page 17 of 109
8
EXHIBIA A TO MARANA RESOLUTION NO. 2010-40
Appendix A
Ap~er~d~x
Ewer en~C~C ~~n~c~ement Re~eur~~ Request
o~a~E ftEQ1DE~~ tt7
pR~ sTAT~xc l'r~ck"ce ~~,f~-t~l -rr ~-st~t~
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R~~t- ^ ~~~ - ~c^6_Fr3 E+~~i~ ^
Carex - x ^ "~ ;c - C: 7-o~c+rr~ ^ Tr'~ck~ , FE1sAA Trac~s~~, er-
~`~~=--P~lea~e~ ^
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131 _ ^
i~ t,[3Li F~tE PaEfdt7EST: F#equesfixs~ i~rgan~ra£9s }~e1a~d Eva
REt~UESTC~125 ~:°~~NTACT ~?~
P'ta~rra~ ~ett_ Eax: F . y_
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Res.^ur•~- a' at~a~ry sstity ~$Ey t3nEt taf sure C~ate1P
^nYs oit r~ ~' t oe1~f ` >i ms~u rye niv st e~r~e ~. <E F~ ~ttrec
^.Fu~f ^?~eafs ^~~f;~:i.x~~s ^dt~~~ter ^kA~ir~t ^ irk ^
~issl+ars
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S~xecial' trrstnrc~aorrs
FS3l~iNAR® RE~LiEST Tt:F.
ieadaviaiaaal raii~ Px~satl er$~ ~ r
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Regular Council Meeting -May 4, 2010 -Page 18 of 109
9
EXHIBIA A TO MARANA RESOLUTION NO. 2010-40
Appendix B
ARIZONA MUTUAL AID COMPACT (AZMAC)
POINTS OF CONTACT
Date:
Name of Jurisdiction:
Mailing Address:
City, State, Zip Code:
Authorized Representatives to Contact for Mutual Aid Assistance
Primar Contact 1 S` Alternate 2`~ Alternate
Name
Title
24-Hr Phone No.
Address
Da Phone No.
Ni ht Phone No.
Fax No.
Email
Regular Council Meeting -May 4, 2010 -Page 19 of 109
10
c~;~a~~a .~cu~~e a~a e~~
AZ M AC
17ate posted: ap'~ ~, 2U~U
STATE OF ARIZONA
COUNTIES
Apache County ~~~
Cochise County ',
Coconino County
Gila County ,~
Graham County
Ak-Chin Indian
.~,a~'`s
Community
Cocopah Tribe
Colorado River Indian
Tribes
Fort McDowell Yavapai
Nation
Fort Mojave Indian
Tribe
Greenlee County ..~~``'
La Paz County
Maricopa County , ~~
Mohave County ~,,~'~
Navajo County
Pasqua Yaqui Tribe
Pueblo of Zuni Tribe
~~
Pima County +
Pinal County ~.T
Santa Cruz County ;~.
~~ ' y
,.. ruuQati __a___...., ~a.M_u~ .. ~~,.~.~~_.
Yavapai County
Yuma County
Yavapai-Prescott
Indian Tribe
Fort Yuma Quechan Salt River Pima-Maricopa ',
Tribe Indian Community
Gila River Indian San Carlos Apache
Community Tribe
Havasupai Tribe San Juan Southern
Paiute
Regular Council Meeting - May 4, 2010- Page 20 of 109
.< .Sl~filltO~UeA
CL~vzona .nduecae aid eon pact
CITIES/TOWNS
Apache Junction,
City of e Douglas, City of Holbrook, City of
Avondale, City of Duncan, City of ~~ Huachuca City,
Town of
Benson, City of Eagar, Town of Jerome, Town of
Bisbee, City of EI Mirage, City of Kearny, Town of
Buckeye, Town of Eloy, Town of ~=g~= Kingman, City of , ~~''
Bullhead City, City of ~ .~ Flagstaff, City of Lake Havasu City
Camp Verde, Town of Florence, Town of
`___ Litchfield Park, City of
Carefree, Town of !~~ ' Fountain Hills, Town of Mammoth, Town of
Casa Grande, City of ,~~. `'~ Fredonia, Town of Marana, Town of
Cave Creek, Town of ~~~" Gila Bend, Town of Maricopa, City of
Chandler, City of ~ :~~~' Gilbert, Town of Mesa, City of
Chino Valley, Town of Glendale, City of ,,"+ ~ ~ Miami, Town of
i
Clarkdale, Town of Globe, City of Mohave Valley
Clifton, Town of ~~''~~ Goodyear, City of Nogales, City of
Colorado City, Town of Grand Canyon Oro Valley, Town of
Coolidge, City of ,~~ Guadalupe, Town of ~,`` Page, City of
'~''
.~`~ ~~
r
Cottonwood, City of Hayden, Town of Paradise Valley ,~.
Regular Council Meeting -May 4, 2010 -Page 21 of 109
`J'ade 2 a~ 4
~ /r~~ ~~~
CITIES/TOWNS
Parker, Town of Scottsdale, City of Thatcher, Town of ~
Patagonia, Town of Sedona, City of Tolleson, City of
Payson, Town of ~ ~.<' Show Low, City of Tombstone, City of
Peoria, City of Sierra Vista, City of Tucson, City of
Phoenix, City of ,~,,r~'j Snowflake, Town of Wellton, Town of
. ~_.~a .... _..~.-~ -
Pima, Town of
~. .~.~~ .......~
~ ~ .-
~_.~.~ _~~ti~ ........., ~. .~
Somerton Ci of Wickenbur Town of
Pinetop-Lakeside,
Town of
South Tucson, City of
~
Willcox, City of
Prescott Valley,
Town of Springerville, Town of Williams, City of
St. Johns, City of
Sun Lakes
Superior, Town of
Surprise, City of
Taylor, Town of
Tempe, City of
Winkelman, Town of
Yuma, City of
Regular Council Meeting -May 4, 2010 -Page 22 of 109
5'age 3 a.~ 4
cv~~o.~a .n~es«e a~a e~~
OTHER JURISDICTIONS
`Apache Junction
`
~ Drexel Heights Fire
.
r San Manuel Fire
Fire District ~. District , Department
Arizona City Fire
District .-
~ ~'
Eloy Fire District
~ti~'E
Sedona Fire District -
,~,
Bullhead City Fire
Di
t
i
t
~~`~
Golder Ranch Fire District ~
, Sun City West Fire
'
s
r
c District ~
Christopher Kohl's Fire ~s`
~ Golden Valley Fire ~
`' Verde Valley Fire
District District District
____.~. , .. __~= - _.,_e,~ ~~ ..~_~, ., , ..
Clarkdale Fire District ~`~~ Northwest Fire District r~
Crown King Fire Pinion Pine Fire
District ~ District `~
Regular Council Meeting -May 4, 2010 -Page 23 of 109
5'aSe 4 cr.~ 4 '
„~..~,~~
~~~
v'yti~~~
.,w. ~., .a~:.,~
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
COUNCIL CHAMBERS, May 4, 2010, 7:00:00 PM
To: Mayor and Council
From: Jane Fairall ,Deputy Town Attorney
Strategic Plan Focus Area:
Community Building
Item C 2
Subject: Resolution No. 2010-41: Relating to Intergovernmental Relations; approving and
authorizing the Mayor to execute the first amendment to the intergovernmental
agreement among the Town of Marana, Northwest Fire District and Marana Unified
School District No. 6 for development review and inspection, facility use and general
cooperation
Discussion:
In January 2010, the Town of Marana, Northwest Fire District and the Marana Unified School
District entered into an intergovernmental agreement (IGA) for development review and
inspection, facility use and general cooperation. In general, the "tri-party" IGA committed all
three government entities to waiving development services and facility use charges for each other
in an effort to work cooperatively and minimize the overall cost of government to taxpayers.
The original IGA contained a provision stating that the IGA would become effective on or upon
filing with the Pima County Recorder and the State Board of Education, whichever filing
occurred last, after having been approved by the three entities. However, the State Board of
Education no longer accepts documents such as this IGA for filing. Therefore, the proposed
amendment to the IGA removes the requirement for filing with the State Board of Education and
clarifies that the agreement became effective upon filing with the Pima County Recorder.
ATTACHMENTS:
Name: Description: Type:
~ Reso approving 1st
amendment to tc-party IGA_w-
NWFD MUSD Resolution Resolution
(00020665). DOC
~ E_X_A_NWFD-MUSD-
TOM IGA amendment re.
facilities,_fees (00020479- Exhibit A -First Amendment to IGA Exhibit
2)DOC
Staff Recommendation:
Staff recommends approval of the first amendment to the tri-party IGA between the Town of
Regular Council Meeting -May 4, 2010 -Page 24 of 109
Marana, Northwest Fire District and MUSD.
Suggested Motion:
I move to adopt Resolution No. 2010-41, approving and authorizing the Mayor to execute-the
first amendment to the intergovernmental agreement among the Town of Marana, Northwest Fire
District and Marana Unified School District No. 6 for development review and inspection,
facility use and general cooperation.
Regular Council Meeting -May 4, 2010 -Page 25 of 109
MARANA RESOLUTION N0.2010-41
RELATING TO INTERGOVERNMENTAL RELATIONS; APPROVING AND
AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO THE
INTERGOVERNMENTAL AGREEMENT AMONG THE TOWN OF MARANA,
NORTHWEST FIRE DISTRICT AND MARANA UNIFIED SCHOOL DISTRICT NO. 6 FOR
DEVELOPMENT REVIEW AND INSPECTION, FACILITY USE AND GENERAL
COOPERATION
WHEREAS the Town of Marana, Northwest Fire District and Marana Unified School
District No. 6 entered into an intergovernmental agreement for development review and inspec-
tion, facility use and general cooperation; and
WHEREAS the Town Council finds that amending the intergovernmental agreement is in
the best interests of the community.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, as follows:
SECTION 1. That the first amendment to the intergovernmental agreement among the
Town of Marana, Northwest Fire District and Marana Unified School District attached to and
incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Mayor
is hereby authorized and directed to execute it for and on behalf of the Town.
SECTION 2. The Town's Manager and staff are hereby directed and authorized to under-
take all other and further tasks required or beneficial to carry out the terms, obligations and ob-
jectives of the first amendment to the intergovernmental agreement.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 4th day of May 2010.
Mayor Ed Honea
ATTEST:
APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney
Regular Council Meeting -May 4, 2010 -Page 26 of 109 ;00020665.DOC /}
EXHIBIT A TO MARANA RESOLUTION NO. 2010-41
FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT
AMONG
TOWN OF MARANA, NORTHWEST FIRE DISTRICT, AND MARANA UNIFIED
SCHOOL DISTRICT NO.6
FOR
DEVELOPMENT REVIEW AND INSPECTION, FACILITY USE, AND GENERAL
COOPERATION
This First Amendment to the intergovernmental agreement for development review and
inspection, facility use and general cooperation (this "Amendment") is entered into by and among the
Town of Marana, an Arizona municipal corporation ("Town"), Marana Unified School District
No. 6, a political subdivision of the state of Arizona ("School District"), and Northwest Fire District,
an Arizona special taxing district ("Fire District"). Town, School District and Fire District are
sometimes collectively referred to as the "Parties," each of which is sometimes individually
referred to as a "Party."
RECITALS
A. The Parties entered into an intergovernmental agreement for development review and
inspection, facility use and general cooperation which was recorded in the office of the Pima
County Recorder on March 18, 2010 at Docket 13768, Page 1096 (the "Original IGA").
B. The Original IGA provided that the agreement would become effective on or upon filing with
the Pima County Recorder and the State Board of Education, whichever filing occurred last,
after having been approved by the Parties.
C. The State Board of Education does not accept documents for filing; therefore, this
Amendment is executed to clarify the effective date of the Original IGA.
AGREEMENT
Now, TxEREFORE, in consideration of the mutual promises made in this Amendment, the
Parties agree as follows:
1. Incorporation of the Recitals. The foregoing Recitals are incorporated here by this
reference.
2. Term. The Original IGA shall be effective retroactively from the date of recording with the
office of the Pima County Recorder on March 18, 2010. The Parties agree that there is no
requirement to file the Original IGA with the State Board of Education.
3. Effective Date. This Amendment shall become effective on or upon filing with the Pima
County Recorder.
4. Other terms. Except as modified by this Amendment, all terms and provisions of the
Original IGA shall remain in full force and effect and shall apply to this Amendment.
Regul~b~yde~lj b~i~~} May 4, 2010 -Page 27 of 109 _ 1 _
EXHIBIT A TO MARANA RESOLUTION NO. 2010-41
5. Counterparts. This Amendment may be executed in two or more counterparts, each of
which shall be deemed an original, but all of which together shall constitute one and the same
instrument. The signature pages from one or more counterparts may be removed from the
counterparts and attached to a single instrument so that the signatures of all Parties may be
physically attached to a single document.
6. Entire Agreement. This Amendment constitutes the entire agreement between the Parties
pertaining to the subject matter of this Amendment. All prior and contemporaneous agreements,
representation and understanding of the Parties, oral or written, are hereby superseded and
merged in this Amendment.
IN w1TNESS wxEREOF, the Parties have executed this Amendment as of the last date set
forth below their representatives' respective signatures.
TOWN OF MARANA
By:
Ed Honea, Mayor
MARANA UNIFIED SCHOOL DISTRICT
By:
Eric Brandriff, Board President
ATTEST:
Jocelyn Bronson, Town Clerk
NORTHWEST FIRE DISTRICT
Bv: -- -
George Carter, Board Chairman
ATTEST:
Lee C. Mellor, Board Clerk
ATTEST:
Brenda Drury, Board Clerk
Regul~6~y~e~j ~~tiy~~}-May 4, 2010 -Page 28 of 109 ~ _ 2 _
EXHIBIT A TO MARANA RESOLUTION NO. 2010-41
INTERGOVERNMENTAL AGREEMENT DETERMINATION
The foregoing Amendment by and between the Town of Marana, Marana Unified School District
No. 6 and Northwest Fire District has been reviewed pursuant to A.R.S. § 11-952 by the undersigned
who have determined, for their respective clients, that it is in proper form and is within the powers
and authority granted under the laws of the State of Arizona.
Town of Marana:
Frank Cassidy, Town Attorney Date
Marana Unified School District No. 6:
John C. Richardson, Attorney for the District Date
Northwest Fire District:
Thomas Benavidez, Attorney for the District Date
Regul~6e~ ~~i~~}- May 4, 2010 -Page 29 of 109 _ 3 _
~~~j
~~
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
COUNCIL CHAMBERS, May 4, 2010, 7:00:00 PM
To: Mayor and Council Item C 3
From: Jane Fairall ,Deputy Town Attorney
Strategic Plan Focus Area:
Not Applicable
Subject: Ordinance No. 2010.06: Relating to Mayor and Council; amending Town Code
Section 2-5-5 ("Effective date of ordinances") to clarify which ordinances, resolutions
and franchises require an emergency clause in order to be immediately operative; and
designating an effective date
Discussion:
Section 2-5-5 of the Marana Town Code currently provides that all ordinances, resolutions and
franchises passed by the Council shall become operative 30 days after passage, unless an
emergency exists. In cases of an emergency, an affirmative vote by three-fourths of all Council
members is required in order to pass the measure.
The purpose of the emergency clause requirement is to ensure that legislative actions of the Town
Council are subject to voter referendum when appropriate. However, purely administrative acts
of the Town Council are not subject to voter referendum and, therefore, should be effective
immediately upon passage by the Town Council even in the absence of an emergency measure.
The proposed amendment to Section 2-5-5 will clarify that only those ordinances, resolutions and
franchises that are subject to voter referendum--i.e., legislative acts--require an emergency clause
in order to become immediately effective. All other administrative acts that are not subject to
voter referendum will become effective immediately, even in the absence of an emergency. The
proposed amendment will allow more efficient processing and implementation of administrative
items approved by resolution.
Financial Impact:
None.
ATTACHMENTS:
Name: Description: Type:
LJ Revision to Section 2-5-5
re. effective date_of ord, reso Ordinance Ordinance
(00020125-2). DOC
Staff Recommendation:
Regular Council Meeting -May 4, 2010 -Page 30 of 109
Staff recommends adoption of the proposed amendments to Section 2-5-5 of the Town Code.
Suggested Motion:
I move to adopt Ordinance No. 2010.06, amending Town Code Section 2-5-5 and designating an
effective date.
Regular Council Meeting -May 4, 2010 -Page 31 of 109
MARANA ORDINANCE NO. 2010.06
RELATING TO MAYOR AND COUNCIL; AMENDING TOWN CODE SECTION 2-5-5
("EFFECTIVE DATE OF ORDINANCES") TO CLARIFY WHICH ORDINANCES,
RESOLUTIONS AND FRANCHISES REQUIIZE AN EMERGENCY CLAUSE IN ORDER TO BE
IMMEDIATELY OPERATIVE; AND DESIGNATING AN EFFECTIVE DATE
WHEREAS Town Code Section 2-5-5 ("Effective date of ordinances") requires that all ordi-
nances, resolutions and franchises adopted by the Town Council must include an emergency clause
in order to become immediately operative; and
WHEREAS the purpose of the emergency clause requirement is to ensure that legislative ac-
tions of the Town Council may be subject to voter referendum when appropriate; and
WHEREAS purely administrative acts of the Town Council are not subject to voter referen-
dum and, therefore, may be effective immediately upon passage by the Town Council even in the
absence of an emergency measure; and
WHEREAS the Town Council finds that it will be more efficient and is therefore in the best
interests of the Town to amend Section 2-5-5 ofthe Town Code to clarify that only ordinances, reso-
lutions and franchises that are subject to voter referendum require an emergency clause in order to
become immediately operative.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF
THE TOWN OF MARANA that Marana Town Code Section 2-5-5 ("Effective date of ordinances")
is hereby revised to read as follows (with additions shown with double underlining):
Section 2-5-5 Effective date of ordinances
A. No ordinance, resolution or franchise which is subject to voter referendum shall
become operative until 30 days after its passage by the council, except measures
immediately necessary for the preservation of the peace, health or safety of the
town. Such an emergency measure shall only become immediately operative if it
states in a separate section the reason why it is necessary that it should become
immediately operative and only if it is approved by the affirmative vote of three
fourths of all the members elected to the council.
B. In addition to the provisions of subsection A of this section, the town clerk shall
certify the minutes of any council meeting at which an ordinance, resolution or
franchise, except an emergency measure, is passed.
IT IS HEREBY FURTHER ORDAINED that this ordinance shall become effective on the
thirty-first day after its adoption.
Regul~a~nua~i~i~a~fc~e ~Ol~a~ 4, 2010 -Page 32 of 109 {00020125.DOC / 2}
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 4t" day of May, 2010.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Regul~ra~il~a~r~n~a~f~~~Q01~6~ 4,.2010 -Page 33 of 109
{ooozoizs.DOC / 2}
f-R~~
-~~~
t:~~~_ ~~s~,
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
COUNCIL CHAMBERS, May 4, 2010, 7:00:00 PM
To: Mayor and Council Item C 4
From: Scott Leska , CIP Engineering Division Manager
Strategic Plan Focus Area:
Community Building
Subject: Resolution_No. 2010-42: Relating to Public Works; approving and authorizing the
Mayor to execute an amendment to the intergovernmental agreement with the Regional
Transportation Authority of Pima County concerning the design concept report for the
Tangerine Road corridor
Discussion:
On June 23, 2009, the Council adopted Marana Resolution No. 2009-101, approving an
intergovernmental agreement with the Regional Transportation Authority of Pima County to
facilitate and pay for a design concept report for the Tangerine Road corridor (La Canada Drive
to Interstate 10). The IGA provided $2 million in funding for the design concept report. Based on
the cost estimate provided by Psomas for the design concept report, additional funding will be
required for the work.
This proposed IGA amendment provides for an additional $600,000 in funding from the RTA, to
cover the design concept report costs. The additional funding will also cover some environmental
costs (contracted separately) and certain town staff costs.
Financial Impact:
The proposed IGA amendment should be relatively cost-neutral to the town. The additional
funding provided for in the IGA amendment covers certain town staff costs.
ATTACHMENTS:
Name:
~ Reso RTA Tangerine
Road corridor DCR IGA
Amendment (00020762)._DOC
~ 2010-0320 IGA
AMENDMENT - RTA.doc
Description:
Reso approving RTA Tangerine Corridor DCR IGA
Exh A to Reso: RTA Tangerine Road corridor DCR IGA
Amendment
Type:
Resolution
Exhibit
Staff Recommendation:
Town staff recommends adoption of Resolution No. 2010-42.
Regular Council Meeting -May 4, 2010 -Page 34 of 109
Suggested Motion:
I move to adopt Resolution No. 2010-42, approving and authorizing the Mayor to execute an
IGA amendment with the RTA concerning the Tangerine Road corridor DCR.
Regular Council Meeting -May 4, 2010 -Page 35 of 109
MARANA RESOLUTION N0.2010-42
RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR TO
EXECUTE AN AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT WITH
THE REGIONAL TRANSPORTATION AUTHORITY OF PIMA COUNTY CONCERNING
THE DESIGN CONCEPT REPORT FOR THE TANGERINE ROAD CORRIDOR
WHEREAS the Town Council adopted Marana Resolution No. 2009-101 on June 23,
2009, approving an intergovernmental agreement with the Regional Transportation Authority of
Pima County to facilitate and pay for a design concept report for the Tangerine Road corridor (La
Canada Drive to Interstate 10); and
WHEREAS the intergovernmental agreement provided $2 million in funding for the
design concept report; and
WHEREAS additional funding is needed to cover the actual anticipated costs for the
design concept report and for some other environmental and town staff costs; and
WHEREAS the Regional Transportation Authority of Pima County has prepared and
presented to the Town for execution a proposed intergovernmental agreement amendment
authorizing an additional $600,000 in funding (the "Proposed IGA Amendment"); and
WHEREAS the Mayor and Council find the terms and conditions of the Proposed IGA
Amendment are in the best interests of the Town.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. The amendment to intergovernmental agreement between the Town of
Marana and the Regional Transportation Authority of Pima County (the "Proposed IGA
Amendment") attached to and incorporated by this reference in this resolution as Exhibit A is
hereby approved, and the Mayor is hereby authorized and directed to execute it for and on behalf
of the Town of Marana.
SECTION 2. The various Town officers and employees are authorized and directed to
perform all acts necessary or desirable to give effect to this resolution and to carry out the terms
of the Proposed IGA Amendment.
Regulq~~~~~~~~c,~oM~~,~010 -Page 36 of 109 _ 1 _
{00020762.DOC /}
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 4th day of May, 2010.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Regulq~~$~j~~~oM~~,~010 -Page 37 of 109 _ 2 _
{00020762.DOC /}
REGIONAL TRANSPORTATION AUTHORITY OF PIMA
COUNTY (RTA)
AMENDMENT TO INTERGOVERMENTAL AGREEMENT
NUMBER RECORDED IN DKT.13607, Pg. 962
PROJECT: TANGERINE ROAD BETWEEN I-10 AND LA
CANADA DRIVE DESIGN CONCEPT STUDY
PARTIES: RTA AND THE TOWN OF MARANA
AMENDMENT NO. 1
ORIGINAL TERM: Not specified
CURRENT TERMINATION DATE: Not specified
AMENDED TERMINATION DATE: Not specified
ORIGINAL AMOUNT: $2,000,000
PRIOR AMENDED AMOUNT: $0
AMOUNT THIS AMENDMENT: $600,000
NEW AMENDED TOTAL: $2,600,000
AMENDMENT NUMBER 1
WHEREAS, the Regional Transportation Authority of Pima County ("RTA") has entered into an Intergovernmental
Agreement with the Town of Marana (Resolution Number 2009-101) to provide the Design Concept Study; and
WHEREAS, the original IGA funding amount was $2,000,000 for design and construction; and
WHEREAS, the project study cost will cost approximately $2,600,000; which is $600,000 greater than the funding amount
allocated to the study; and,
WHEREAS, the parties desire to be bound by the original agreement as if continuously in effect: and
WHEREAS, the parties agree to increase the total amount of the Agreement to allow payment for the study of the
improvements.
NOW, THEREFORE, the Agreement is amended as follows:
CHANGE: Exhibit A -Total maximum amount of Authority funding allowed for the proiect or project components under this
agreement:
From: "... $2,000,000."
To: "... $2,600,000."
The effective date of this Amendment shall be April 27, 2010. All other provisions not specifically changed by this
Amendment shall remain in full force and effect.
Regular Council Meeting -May 4, 2010 -Page 38 of 109
In Witness Whereof, the Regional Transportation Authority of Pima County has caused this Amendment to the
Agreement to be executed by its Executive Director, and the Town of Marana has caused this Amendment to the
Agreement to be executed by its Mayor.
REGIONAL TRANSPORTATION AUTHORITY
OF PIMA COUNTY:
Lynne Skelton, Board Chair
Date
TOWN OF MARANA:
Ed Honea, Mayor
Date
ATTORNEY CERTIFICATION
The foregoing Amendment to the Agreement by and between the Regional Transportation Authority of Pima
County and Pima County has been reviewed pursuant to A.R.S. § 11-952 by the undersigned who have
determined that it is in proper form and is within the powers and authority granted under the laws of the State of
Arizona to those parties to the Agreement.
Regional Transportation Authority of Pima County:
Thomas Benavidez, Attorney for the Authority Date
Town of Marana:
Frank Cassidy, Town Attorney Date
Regular Council Meeting -May 4, 2010 -Page 39 of 109
AAA
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SPECIAL COUNCIL MEETING
MINUTES
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, April 13, 2010, at or after 6:00 PM
Ed Honea, Mayor
Herb Kai, Vice Mayor
Russell Clanagan, Council Member
Patti Comerford, Council Member
Carol McGorray, Council Member
Jon Post, Council Member
Roxanne Ziegler, Council Member
SPECIAL COUNCIL MEETING
CALL TO ORDER AND ROLL CALL
Mayor Honea called the meeting to order at 6:00 pm. Mayor Honea announced that
Council Member Ziegler was out of town on busines~~ but would be participating by
telephone. Town Clerk Bronson called roll. All Council Members were present,
including Council Member 7iegler by telephone.
PLEDGE OF ALLEGIAN('E/INVOCATION/MOMENT OF SILENCE
Led by Mayor Honea.
APPROVAL OF AG1Nll:~
Motion to approve moved h~~ C'orrrrcil ~lfemberMcGorray, second by Council Member
Post. Mr~tion carried un«ni~nously.
CALL TO THE PUBLIC
There were no speaker cards presented.
PROCLAMATIONS
MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS
Council Member Comerford reported on the dedication of the San Lucas Park this past
weekend. She noted that the developer paid for the cost of the event. She also thanked
the Parks staff who helped make it a great event.
Council Member Comerford also reported on a Special Olympics event she attended,
where several participants from every category from Marana High School who all
qualified for the state trials at the end of the month. Lastly, she reported on the Concert
in the Park series which is sponsored by Marana and the Southern Arizona Arts &
Cultural Alliance and the Rotary groups. These take place on Saturdays through
Regular Council Meeting -May 4, 2010 -Page 40 of 109
April 13, 2010 Council Meeting Minutes
September at the Crossroads at Silverbell Park. The concert was well attended and a
wonderful weekend of positive events in Marana.
Council Member Clanagan attended. the Marina Memorial at the airport on Saturday.
He said that it was a moving experience and gave us the opportunity to be thankful for
the things we have because of the sacrifices of military personnel who put their lives on
the line every day. He also referenced a television excerpt on Matt Lauer's morning
show highlighting the Ritz Carlton, Marana, Arizona.
Council Member Ziegler was reporting on the weather in Chicago when she lost
transmission with the meeting at 6:05 pm. She rejoined the meeting at 6:07 pm.
Council Member McGorray also reported on the Marine Memorial event and a
discussion with one of the family members who came out to honor her Marine.
Mayor Honea reported that he spoke at the Marine Memorial; n~7ted that there was a
dedication of the Northwest Fire District station at Thornydale and Tangerine; the San
Lucas Park dedication where there are about 300 homes into a v i hrant community.
MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS
PRESENTATIONS
CONSENT AGENDA
LIQUOR LICENSES
BOARDS, COMMISSIONS AND COMMITTE>/S
COUNCIL ACTION
A l: Resolution No. 2010-35: Relati~n« to Personnel; approving and authorizing staff to
implement employee benefit rates forfiscal year. 2011; and ciccl~uing an emergency
Presented by Deb Thalsitis who began her presentation on behalf of the Human
Resources, Manager and benefits committee, stating she had good news to impart
regarding the employee benefits ti_,r the coming fiscal year. With Gallagher Benefit
Services, staff went out to bid on all of the benefits. Cigna will cover the town for a rate
decrease of ten percent in the comin~~ }ear. She discussed how the costs would be shared
between the town arid. the employee. Delta Dental will be a new dental provider,
guaranteeing their rates of three yeai.~ anal the ability to continue for an additional two
years at an increase of l=ive percent each year. Their provider list is significantly higher
than the current provider. Seventy percent of employees currently use out of network
dental providers, so their costs are significantly higher. Delta Dental will cover most of
those providers. The town will continue to keep EDS as a secondary provider, but there
are few employees using this plan. The Flexible Spending Account provider will change.
There will be almost a 13% decrease in that cost, with athree-year rate guarantee. There
are no changes in life ADD and short-term disability. She stressed that even though there
will be change in providers, employees will have no change in plan design. About 97%
of the Cigna providers are the same as Blue Cross. There may be some employees using
a provider currently who will not be covered under Cigna - a small number -but staff is
working on a transition plan for those employees. Ms. Thalasitis further stated that with
the new plans, the town will save approximately $275K and employees $66K annually.
To individual employees that will be significant. Staff is proposing that the savings the
town will achieve be put aside for future increases rather than support ongoing programs
in the general fund. Apri129 will be a benefit fair for employees to learn about the
options. From May 3 to June 3, there will be an open enrollment period for employees to
Regular Cour~ati~~r IGlay ~~b~(bd~age 4~f~fW1~h to use. She named and thanked the benefit committee
2
April 13, 2010 Council Meeting Minutes
members: Julie Bailey, Rodney Campbell, Judy Capen, Dina Chavez, Jennifer
Christelman, Adam Lawson, Marilyn Payton and Steven Vasquez. She also thanked Erik
Montague and Vince Lorefice.
Motion to approve moved by Council Member Comerford, second by Council Member
McGorray. Motion carried by way of a unanimous roll call vote.
ITEMS FOR DISCUSSION/POSSIBLE ACTION
D 1: Relating to Budget; approval of the recommended strategies and reductions outlined
in the Town Manager's General Fund Operating Balanced Budget proposal for FY 2011
and direction to staff to prepare a FY 2011 budget for tentative adoption on June 1, 2010
Town Clerk Bronson noted that there was a typographical error on the agenda regarding
the date the tentative budget will come back to Council far approval. The Council
materials stated the tentative budget date as June 2, 2010. 1Vlayor llanea stated the
parameters for the presentation, starting with Mr. Davidson's comments. "l he Mayor will
then open the meeting to anyone putting in a speaker card who wishes to speak on the
issue. Speakers will have three minutes. Then the G~~unril will offer questions and
comments after Mr. Davidson's presentation. Gilbert Davidson started by giving an
overview of the recommended strategies approved previously by Council which was used
to structure the general fund operating budget for the coming fiscal year. He highlighted
the core values and the ten strategies. He also gave some background on the financial
environment requiring the change to a business model and the challenges of the past two
fiscal years. He noted that the strategies and reductions necessary to align ongoing
expenditures with a projected 11.1 percent decrease in operating revenues to the general
fund for FY 2011. These changes required identifying operating expenditures by $4M,
which he noted that he anal staff hr.lieve they have accomplished while still following the
Council's directives.. He f urthcr noted that this budget will come back to Council on June
1 for tentative adoption, and Jw~e I ti for final adoption.
Mayor Honea reiterated that there were four budget open houses, Council and staff
visited four HOA boards and have had six meetings with the citizen advisory
commissions to talk to representatives of the community. The Council laid out a clear
direction in February to not raise taxes and live within the town's financial means. Over
the past two weeks. Council has heard from parents about the after school programs. He
suggested to Council that they move forward with the budget recommendations as
presented, but asked to make a slight change by directing staff to develop a modified
summer camp program that fully recovers the town's costs. This will allow some of the
parents an opportunity to have an opportunity to take about five months to find other
resources when the school year starts.
Council Member Comerford moved to adopt that strategy, seconded by Council
Member McGorray.
Mayor Honea then called on the speakers who had submitted requests to speak on the
issue.
Regular Council Meeting -May 4, 2010 -Page 42 of 109
3
April 13, 2010 Council Meeting Minutes
Janet Kline addressed Council as a member of the senior community, noting that she had
attended several town meetings on this issue. She thanked the Council for being
transparent and giving citizens the opportunity to speak their minds. She expressed the
need to continue to support programs for seniors given the challenges they face to stay
healthy and mobile. She made another comment regarding Council Member Clanagan's
comment that the seniors were disrespectful to him when he tried to speak to their group.
Ms. Kline acknowledged that she was the person who told him he was interrupting their
class time. She then went on to explain the reason for her comment and ended her
remarks by stating that her statement was not intended to be disrespectful but to let him
know how important these classes were to the participants.
Verla O'Donovan addressed Council, stating that she had read the budget several times,
and commended Mr. Davidson and his staff for the hard work. they have done in creating
this proposed budget. She was present to advocate for the Marana Senior Center, noting
how important the senior program has been for her durin « several surgeries and the social
interaction that provided support and encouragement duri ng those difficult times. She
stated that she had tried other programs that did not meet her needs. She heard from a
friend about the Senior Center, and once she started attending she began to get hrtter.
She noted that the Senior Center staff are some of the most caring and suppt~rtive
individuals she has ever encountered. She asked Council to make as few cuts as possible.
She also remarked on the water aerobic program at the Marana pool.
David Saylor from the Valley of the Sun RV Purl: game forward and announced that he
had found a pair of glasses on the floor artd ~ i I1 leave them with the security counter.
Mayor Honea then askeii Ccnulcil Members. to respond to the presentation and comments
from the public. Mr. Day idson added an additional comment that the water aerobics will
still be a function at the ~larana pool and has always been contained in the budget
document.
Council Member Ziegler asked if thr ~cuiors had presented a list of their priorities -the
programs that were most importapt t~~ them. Mayor Honea responded that they have
provided this information. Council ~tiiember Comerford commended staff for the
responsible manner in which they compiled and presented the budget proposal. She also
thanked the members of the senior community who stepped forward to volunteer and
offer supplies and services to keep many of the programs going. She addressed the
families who are concerned with the cuts in the summer program and the after school
program -Council will continue to work with those groups and help them find solutions
to offset the cuts necessary to balance the budget. Council Member Clanagan thanked
Ms. Kline for her comments. He also noted that he had gone to many senior groups to
learn about their programs with the hope of adopting their business model. He noted that
it was not his intent to do anything to limit the seniors' ability to exercise and do the
things they need to do to stay healthy. He also thanked Mr. Davidson and staff,
recognizing the difficult times we are facing, especially the seniors and parents of
children who must find. alternatives to the town programs they previously enjoyed.
Council Member Post acknowledged that in February he was somewhat harsh in his
directive of where he wanted to go with the budget. He apologized but felt it was
important. Most of the things he and his family enjoys are taking deep cuts in the
Regular Coin°I~lee~ngb>~t20~h~a9e ~g his comments he knew how serious the situation was
4
April 13, 2010 Council Meeting Minutes
and even though he and his family will take cuts, he feels like that was the direction the
town needed to take. He, too, commended Mr. Davidson and his staff, and noted that
everyone will have to face the facts of this economy.
Mr. Davidson thanked Council and the public for their comments and support through
this monumental project. He noted being two months ahead of schedule to give Council
and the community notice of upcoming changes. There was no easy way to deal with this
fiscal reality. Staff had to prepare for the long haul, not just for this year. He stated that
he hoped the Council as policy makers, citizens and staff who live in and work for this
community would never stop working for tomorrow - to make Marana the best place
live. This community has pulled together time and time again with limited resources and
created amazing programs and facilities. Further, he noted that the current staff is
committed to regroup and find new ways to operate under a n~ ~~ business model and the
realities we face as a community, a state and a nation. He is ~ crv proud to serve in the
organization and along side the men and women of the org~u~ization. He concluded by
thanking Council for their leadership during this difficult t i n ~ c. Coun c i l Member
Comerford called for the question. Mayor Honea noted that the question had been called
and asked the Town Clerk to call roll this important issue.
The motion presented by Council Member Comerford and seeanded by Council
Member McGorray passed unanimously on a roll call vote.
Mayor Honea closed the item by reiterating that difficult choices had to be made for the
overall future and best interests of the community.,Hc hcI ivies the choices made show
leadership for the community and to work forward. He stated he would like to set up a
committee within the next couple of weeks to include Council Member Comerford and a
couple of people from. the senior community and a couple of people who have children in
the youth programs to work on some options, perhaps even inviting other civic and social
organizations to participate.
EXECUTIVE S~ SSIONS
E 1: Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for
discussion or consultation for legal advice with the Town Attorney concerning any matter
listed on t h i ~ agenda
FUTURE AGENUA ITEMS
ADJOURNMENT
Motion to adjourn moved by Council Member Post, second by Council Member
McGorray. Motion carried unanimously.
The meeting was adjourned at 6:59 p.m.
CERTIFICATION
I hereby certify. that the foregoing are the true and correct minutes of the Marana Town
Council meeting held on April 13, 2010. I further certify that a quorum was present.
Regular CoY~~CiTidl~~irtg •- ivtap~~~0 T~a~'~4k-'dt"t~
5
April 13, 2010 Council Meeting Minutes
r~~
~~~
M~A
ri~x. ar a;eawa
REGULAR COUNCIL MEETING
MINUTES
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, Apri120, 2010, at or after 7:00 PM
Ed Honea, Mayor
Herb Kai, Vice Mayor
Russell Clanagan, Council Member
Patti Comerford, Council Member
Carol McGorray, Council Member
Jon Post, Council Member
Roxanne Ziegler, Council Member
REGULAR COUNCIL MEETING
CALL TO ORDER AND ROLL CALL
Mayor Honea called the meeting to order at 6:59 p.m. Town Clerk Bronson called roll.
All Council Members were present.
PLEDGE OF ALLEGIA'VCFITNVOCATION/MOMENT OF SILENCE
Jonathan Susa, Life Scout, (luartermaster, Troop 2591ed the pledge of allegiance.
APPROVAL OF AGENDA
Motion to approve moved by Council Member McGorray, second by Vice Mayor Kai.
Motion carried`unanimously.
CALL TO THE PUBLIC
Richard'DeBernardis sp~~k.e regarding the upcoming Tour of the Tucson Mountains,
which will start. at the Municipal Complex on Sunday. The money raised from this event,
which they hope will be $10,000 will be divided among three area charities. The various
rides will begin ar6:30 a.m., 8:30 a.m. and 10:00 a.m., respectively. He encouraged
everyone to come out and attend.
Phyllis Farenga addressed Council regarding truck traffic and Marana Estates and asked
that a sign be posted to slow down because of children playing in the area and the
potential for accidents. She also voiced her concern over the proposed Avra Valley-Kai
annexation in regard to a landfill. She also expressed her concern about the amount of
time it is taking to process her public records request and that she supports the Silverbell
West people.
Dan Rogers, Richard Swartz, Donna Swartz, Elaine Ramirez, Robin Meissner and
Albert Lannon spoke regarding their concerns and opposition to the proposed landfill.
Pat McElroy did not speak but noted her opposition on a speaker card. Linda Storzer
RegularCouncil Meeting - ay 4, 2010 -Page 45 of 109
Apri120, 2010 Council Meeting Minutes
did not speak but provided letters of her opposition to the proposed landfill. Mr. Lannon
gave the Town Clerk copies of a local publication, Desert Times, which included an
article about the landfill, and Ms. Ramirez gave the Town Clerk additional signature
petitions in opposition to the landfill, noting that many signatures are from Marana
residents. In response to some of Ms. Meissner's comments about Pima County, Council
Member Ziegler stated that she supported the Mayor's comments regarding the
County's actions in response to the proposed annexation, and noted that her clarification
was not directed toward general County staff.
David Morales spoke in support of the Marana Estates safety sign and also asked if
Council could pass a resolution supporting Proposition 100.
Council Member Ziegler asked staff about putting a sign up in Marana Estates. Mr.
Davidson stated that he would look into the matter on Wednesday, noting that staff had
been working with Ms. Farenga and other neighbors in h1arana Estates, and this was the
first he had heard about a sign.
PROCLAMATIONS
Arbor Day Proclamation
Town Clerk Bronson read the proclamation. Mayor Honea presented Jonathan Susa
with the proclamation, noting for the audience that the Arbor Day proclamation was at
his request. Jonathan addressed Council and thanked them for_the.ir support with the
proclamation and gave the Town Clerk flyers to givc them for his tree planting project.
MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS
Mayor Honea noted that he and Mr. Davidson met today with the PAG, MAG and CAG
groups on transportation infrastructure for Arizona. The Long Beach and Mexican ports
are growing so rapidly t}~at thr roads can't handle the traffic that is being carried from
these ports.lt will take billions of dollars and several years to come up with a plan to
mitigate that.
MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS
Mr. Davidson reported that the Council Executive Report has been submitted, which is a
compilatioli of the past month's activities.
PRESENTATIONS
CONSENT AGENDA
Motion to approve. moved by Council Member McGorray, second by Council Member
Comerford. Motion carried unanimously.
C 1: Resolution No. 2010-36: Relating to Development; approving a final plat for
Burger King /Home Depot
C 2: Resolution No. 2010-37: Relating to Public Works; approving and authorizing the
Mayor to execute an intergovernmental agreement between the Town of Marana and the
State of Arizona, acting by and through its Department of Transportation, for design and
Regular Council Meeting -May 4, 2010 -Page 46 of 109
2
April 20, 2010 Council Meeting Minutes
relocation of utilities for the construction of a new traffic interchange at Tangerine Road
and Interstate 10
C 3: Resolution No. 2010-38: Relating to Public Works; approving and authorizing the
Finance Director to execute a professional services agreement with T.Y. Lin
International, Inc. for engineering services to the Town in connection with Central
Arizona Project utility coordination for a new traffic interchange at Tangerine Road and
Interstate 10
C 4: Minutes of the March 30, 2010 special council meeting and the Apri16, 2010
regular council meeting
LIQUOR. LICENSES
L 1: Relating to Liquor Licenses; recommendation to the state I i y ue>r board regarding the
special event liquor license application submitted by the St. Chri>topher Catholic Church,
12101 W. Moore Road for a fundraiser
Town Clerk Bronson stated that staff had revietiti e~i the application and recuu~mended
Council approval.
Motion to approve moved by Council Member McGu~r~r 1', second by Council Member
Clanagan. Motion carried unanimously.
BOARDS, COMMISSIONS AND COMMITTEES
COUNCIL ACTION
A 1: Resolution No. ?~ 1(1- ~9: lelating to Development; approving and authorizing the
Mayor to execute a d e ~ r I ~ ~ p ~>> c n t agreement with Legacy Apartments at Dove Mountain,
L.L.C., providing for defcrrrl <~i~ park development impact fees
Presented by' Kevin Kish. I Ic nulr~i that this was a request in conformance with state
statute to defer the cullccti~~n ~~f park impact fees on this project until the certificate of
occupancy i_s issued for the building. The developer has included in the development
agreement a .`~32K upfront contribution of the development impact fee as a good faith
effort. The i m,pact fee is guaranteed, so there is an assurance that the money is available
and will be paid at the end of the project.
Motion to approve moved by Council Member McGorray, second by Vice Mayor Kai.
Motion carried 6-1 with Council Member Comerford voting nay.
ITEMS FOR DISCUSSION/POSSIBLE ACTION
D 1: Legislative/Intergovernmental Report: Discussion/Direction/Action regarding all
pending state and federal legislation and report on recent meetings of other legislative
bodies. There was no legislative report
EXECUTIVE SESSIONS
E 1: Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for
discussion or consultation for legal advice with the Town Attorney concerning any matter
Regular Coulncr~~e~tinn~h~ay~e~~ -Page 47 of 109
3
Apri12Q 2010 Council Meeting Minutes
E 2: Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), discussion or
consultation for legal advice with the Town's attorneys and discussion and to consider its
position and instruct the Town Manager and staff concerning possible acquisition of
certain water infrastructure and accounts and water rights and/or resources
E 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 (1) the lawsuit entitled
Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa
County Superior Court No. CV2008-001131, (2) pending legal issues, settlement
discussions and contract negotiations relating to the transition of Marana wastewater
collection and treatment to the Town of Marana
FUTURE AGENDA ITEMS
ADJOURNMENT
Motion to adjourn moved by Council Member. McGorray, second by Vice Mayor Kai.
Motion carried unanimously.
The meeting was adjourned at 7:40 p.m.
CERTIFICATION
I hereby certify that the foregoing are thexrue and correct minutes of the Marana Town
Council meeting held on Apri120, 2010. I fitrther certify that a quorum was present.
Jocelyn C. Bronson; Town Clerk
Regular Council Meeting -May 4, 2010 -Page 48 of 109
4
Apri120, 2010 Council Meeting Minutes
,'~"~.
,~"`~
~~~
r~~ ~~~~
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
COUNCIL CHAMBERS, May 4, 2010, 7:00:00 PM
To: Mayor and Council Item A 1
From: Tom Ellis ,Parks and Recreation Director
Strategic Plan Focus Area:
Heritage
Strategic Plan Focus Area -Additional Information:
A focus area of the strategic plan is "Heritage that Ties the Past to the Future". The goal of this
focus area is "to maintain a sense of community character by linking the past, present, and
future". One of the initiative of the goal is to "establish or support organizations that promote the
Town's heritage and history. Promoting Marana's heritage and history is the goal of the Marana
Heritage Conservancy.
Subject: Resolution No,_2010-43: Relating to Parks and Recreation; formally recognizing and
providing support and assistance to the Marana Heritage Conservancy in its efforts to
preserve and enhance Marana's rich cultural heritage
Discussion:
The Marana Heritage. Conservancy, Inc was formed as a 501(c)(3) non-profit community benefit
organization to assist the Town of Marana in fulfilling its Strategic Plan Focus Area Goal
to maintain a sense of community character by linking the past, present, and future. The Marana
Heritage Conservancy has been active in educating and engaging community members in the
research, recognition, appreciation, preservation and enhancement of the Town of Marana's rich
cultural heritage. The Marana Heritage Conservancy has been a vital partner with Town
participating in Founders' Day, last year's July 4th celebration, and the grand opening of the
Marana Heritage Farm. They produced the very successful Fall Heritage Festival at the Marana
Heritage Park. Asa 501(c)(3) tax exempt status public benefit organization, the Marana Heritage
Conservancy is able to actively assist in developing tax deductible charitable funding for
activities appropriate to the specific mission of the Marana Heritage Conservancy and the Town
of Marana including the establishment of a permanent charitable endowment to provide ongoing
funding for history related projects in the Town of Marana.
The Marana Heritage Conservancy has established and elected a Board of Directors from the
community and holds monthly scheduled meetings at the Heritage House in the Marana Heritage
River Park. Formal recognition of the significant benefits the Marana Heritage Conservancy
contributes to the Town of Marana, its citizens, and community will further aide their efforts to
preserve and enhance the our rich cultural heritage and continue their partnership with the Town
of Marana. This resolution authorizes the Town Manager to provide support and assistance to
the Marana Heritage Conservancy, including allowing it to use, at no cost, (a) such portions of
Regular Council Meeting -May 4, 2010 -Page 49 of 109
the Heritage House and Heritage Park as the Town Manager may designate and (b) materials and
logos associated with the Marana Heritage Project to the extent and for purposes and uses
authorized by the Town Manager.
ATTACHMENTS:
Name: Description: Type:
O Heritage Conservancy
Reso (00020768),DOC Reso Supporting Heritage Conservancy Resolution
Staff Recommendation:
Staff recommends the adoption of Resolution No. 2010-43, formally recognizing and providing
support and assistance to the Marana Heritage Conservancy.
Suggested Motion:
I move to adopt Resolution No. 2010-43, formally recognizing and providing support and
assistance to the Marana Heritage Conservancy.
Regular Council Meeting -May 4, 2010 -Page 50 of 109
MARANA RESOLUTION N0.2010-43
RELATING TO PARKS AND RECREATION; FORMALLY RECOGNIZING AND PROVIDING
SUPPORT AND ASSISTANCE TO THE MARANA HERITAGE CONSERVANCY IN ITS
EFFORTS TO PRESERVE AND ENHANCE MARANA'S RICH CULTURAL HERITAGE
WHEREAS the Marana Heritage Conservancy, Inc. has been formed as a 501(c)(3) tax-
exempt community benefit organization to assist the Town of Marana in fulfilling its vital public re-
sponsibility to preserve and enhance Marana's rich cultural heritage; and
WHEREAS the Town of Marana wishes to officially acknowledge the work the Marana Heri-
tage Conservancy has performed and will perform on behalf of Town officials, administrators, de-
partments, and employees in educating and actively engaging Marana community members in the
research, recognition, appreciation, preservation and enhancement of the Town of Marana's rich cul-
tural heritage; and
WHEREAS in order to provide maximum community benefit, the Marana Heritage Conser-
vancyhas established and elected a Board of Directors from the community, elected officers, holds
monthly scheduled meetings, and has applied for and received 501(c)(3)tai-exempt status as a non-
profit organization; and
WHEREAS the Marana Heritage Conservancy has actively supported the Town of Marana's
efforts to preserve and enhance its rich cultural heritage by participating in Founder's Day and 4th of
July events, by helping organize and participating in the ground breaking of the Marana Farm in
2007 and the Marana Heritage River Park in 2008, and by sponsoring, promoting, and staffing the
Fall Harvest Festival in 2009; and
WHEREAS the Marana Heritage Conservancy's 501(c)(3)tax-exempt status now allows the
Marana Heritage Conservancy to actively assist in developing tax deductible charitable funding for
activities appropriate to the shared mission of the Marana Heritage Conservancy and Town of Ma-
rana, including the establishment of a permanent charitable endowment to provide ongoing funding
for projects that preserve and enhance Marana's history and culture; and
WHEREAS the Town Council finds that formally recognizing and providing support and as-
sistance to the Marana Heritage Conservancy in its efforts to preserve and enhance Marana's rich
cultural heritage is in the best interests of the Town of Marana and its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, AS FOLLOWS:
SECTION 1. The Marana Town Council hereby formally endorses the Marana Heritage Con-
servancy as Marana's designated partner and caretaker of Marana's treasured past, connecting people
to the traditions, historic places, working landscapes, and natural treasures in Marana's sphere of in-
fluence through education, preservation, fund raising, and community outreach.
Regulq~~~~~~~~Q1I~1~ 4, 2010 -Page 51 of 109 _ 1 _
{00020768.DOC /}
SECTION 2. The Town Manager is hereby authorized, either directly or by delegation to one
or more Town employees, to provide the Town's support and assistance to the Marana Heritage Con-
servancy, including but not limited to allowing the Marana Heritage Conservancy to use, at no cost,
(a) such portions of the Heritage House and Heritage Park as the Town Manager may designate and
(b) materials and logos associated with the Marana Heritage Project to the extent and for purposes
and uses authorized by the Town Manager.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MA-
RANA, ARIZONA, this 4~' day of May, 2010.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Regulq~~~~'~I~~~~i~61~1~ 4, 2010 -Page 52 of 109 _ 2 - {0002o768.DOC /}
;~'""i
~~~~
~~~~
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
COUNCIL CHAMBERS, May 4, 2010, 7:00:00 PM
To: Mayor and Council Item A 2
From: Josh Wright ,Assistant to the Town Manager
Strategic Plan Focus Area:
Commerce
Strategic Plan Focus Area -Additional Information:
The "Commerce" focus area of the Marana Strategic Plan identifies the need to "create and
market new economic development incentives specifically for Marana" as well as "enhance
relationships and co-sponsored programs with K-12 and higher education institutions," both of
which are addressed through this resolution.
Subject: Resolution No. 2010-44: Relating to Economic Development; adopting the Marana
Job Creation Incentive Program and authorizing the Town Manager to administer it
Discussion:
On March 2, 2010, the Town Council adopted the Marana Economic Roadmap, the Town's first
strategic plan for economic development. This action represented a major achievement in
identifying the types of jobs Marana wants and how they should be attracted and developed in the
community.
As part of the Roadmap process, focus areas, initiatives and action strategies were identified as a
list of policy and procedural tools that should be adopted to increase private investment in
Marana and create head-of-household-wage jobs. Since the Roadmap adoption, staff have begun
developing policy tools that meet the needs of current and future Marana employers while
ensuring return on investment to the Town and community at large. The Marana Job Creation
Incentive Program (MJCIP) is the first such proposed policy tool.
The MJCIP advances three of the five Roadmap focus areas and specifically supports five
strategies and/or initiatives contained in the plan. Under the MJCIP, companies that choose to
locate or expand in Marana will be eligible to divert portions of the construction sales taxes
generated from their facilities to other initiatives that will both lower their overall cost of
construction and benefit the community. Eligible companies must generate at least $52,000 in
construction sales tax revenues (approximately equal to $2 million in capital investment) and 25
jobs which pay at least $40,000 annually. These companies may then request reimbursements of
the construction sales tax dollars their projects generate to support employee relocation to homes
purchased in Marana, beautification of the Interstate 10 corridor and internship/training
programs for high school or college students who reside in Marana.
Regular Council Meeting -May 4, 2010 -Page 53 of 109
The MJCIP is a trial program which contains a sunset date of June 30, 2013, and companies
using the program must request construction sales tax reimbursements within three years of
obtaining a certificate of occupancy on their new or renovated facilities.
Staff have worked diligently to ensure that all aspects of the MJCIP are linked back to the Town's
stated goals for economic development and will benefit current Marana residents and businesses.
Financial Impact:
This program will have the effect of diverting construction sales tax revenues from their current
uses and reinvesting them in economic development programs which assist job-creating
companies and the overall community. The total financial impact will be unknown until it is
determined how many companies will use the program. Further, while construction sales tax
dollars are one-time revenues, the intent of this program is to encourage employees to both live
and work in Marana, which should generate sustained sales tax revenues for the Town.
Town staff has engaged the economic consulting firm Elliott D. Pollack & Associates to provide
an analysis of the financial benefits to the Town resulting from new $40,000 per year jobs and
employee-purchased Marana homes. Staff will inform the Town Council of the firm's
conclusions during presentation of this item.
ATTACHMENTS:
Name: Description: Type:
O Reso adopting construction
sales tax_reimbursement MJCIP Resolution Resolution
(00020608-4).DOC
^ MJCIP-
SAHBALetterToM C4.30,1.O.pdf SAHBA Letter Backup Material
Staff Recommendation:
Staff recommends adoption of the resolution.
Commission Recommendation - if applicable:
The Marana Business & Economic Development Advisory Commission (BEDAC) is scheduled
to review this program at its Apri129, 2010, special meeting. Staff will inform the Town Council
of the Commission's recommendation during presentation of this item.
Suggested Motion:
I move to adopt Resolution No. 2010-44, adopting the Marana Job Creation Incentive Program
and authorizing the Town Manager to administer it.
Regular Council Meeting -May 4, 2010 -Page 54 of 109
MARANA RESOLUTION N0.2010-44
RELATING TO ECONOMIC DEVELOPMENT; ADOPTING THE MARANA JOB
CREATION INCENTIVE PROGRAM AND AUTHORIZING THE TOWN MANAGER TO
ADMINISTER IT
WHEREAS A.R.S. § 9-500.11 authorizes the Town to make expenditures in support of
economic development; and
WHEREAS the Mayor and Council adopted the Marana Economic Roadmap on March 2,
2010, to establish Marana's vision and action strategies to attract job growth and private
investment in the town limits; and
WHEREAS the Roadmap contains five focus areas, three of which are directly advanced
by this resolution-Focus Area 1 (Business Attraction, Retention and Expansion), Focus Area 2
(Resource/Business Support), and Focus Area 3 (Workforce Development); and
WHEREAS the Roadmap directs town staff to create various economic development
initiatives and strategies, several of which are directly advanced by this resolution-initiative 1.5
(maximize economic opportunities to attract business suppliers to support .regional industries),
initiative 2.1 (maintain policies, resources and tools that promote economic development), action
strategy 2.1.9 (develop a policy and funding source to assist with employee relocation expenses
for companies that bring high-wage jobs to Marana), initiative 3.1 (support local education
service providers to expand the capabilities of the workforce), and action strategy 3.1.2 (explore
opportunities with Pima Community College, The University of Arizona, and Marana Unified
School District to offer classes and training programs at Town of Marana municipal facilities
and/or local businesses); and
WHEREAS the Mayor and Council find that the creation and use for economic
development purposes of a fund originating from Marana construction sales tax revenues derived
from job-creating businesses and industries is in the best interests of the town and its citizens;
and
WHEREAS the Mayor and Council find that the use of the fund as authorized by this
resolution is of the highest priority during the current economic climate; and
WHEREAS the Mayor and Council find that the typical direct moving, transportation,
title, recording, and other associated costs of moving an employee into a Marana employee-
owned home will exceed $3,000; and
Regulq~~~~~~~~oN4~~,~010 -Page 55 of 109 _ 1 _
{00020608.DOC / 4}
WHEREAS the Mayor and Council find that the Marana Job Creation Incentive Program
authorized by this resolution will make Marana more competitive in the attraction, retention and
expansion ofjob-creating businesses and industries; and
WHEREAS the Mayor and Council find that the Marana Job Creation Incentive Program
will generate more direct and indirect revenue than the cost of the program.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. The Marana Job Creation Incentive Program is hereby created, under which
the Town Manager is authorized to implement the economic incentives set forth in this resolution
at a cost, for each Targeted Employer, not to exceed the Marana construction sales tax revenues
received by the Town for the construction of that Targeted Employer's facility.
SECTION 2. The economic incentives authorized by this Marana Job Creation Incentive
Program include the following:
A. Employee Relocation Expense Allowance. An allowance of $3,000 to cover
moving, transportation, title, recording, and other costs associated with relocating an
eligible employee, through an employer-assisted housing program, to an employee-
purchased residence within the town limits of Marana. Only one $3,000 allowance shall
be permitted for each employee-purchased residence. To be eligible, an employee shall
have moved from outside of the Marana town limits into an employee-purchased
residence within the town limits of Marana and must be an employee of the Targeted
Employer who works in Marana.
B. Interstate 10 Corridor Beautification Reimbursement. Actual costs for
beautification of Targeted Employer's facilities and adjacent public right-of--way located
in the town limits of Marana along the Interstate 10 corridor, including installation of
landscaping and attractive signage for new and existing Targeted Employer facilities and
improvement of existing Targeted Employer facility facades to more closely conform to
the adopted Marana commercial design standards.
C. Student Internship and Training_Opportunities Costs. Actual costs of internship
and training programs that educate high school and college students who are Marana
residents in the Targeted Employer's primary field of business or industry.
D. Other Similar Incentives. Actual costs of any other economic incentive similar
to those enumerated in this resolution that the Town Manager approves and the Town
Attorney determines is within the town's legal authority.
SECTION 3. For purposes of this resolution, a "Targeted Employer" is anon-retail
business or industry that meets all of the following qualifications:
A. Relocates or expands into buildings and other improvements for which at least
$52,000 in Marana construction sales tax has been generated since the effective date of
this resolution. The qualification set forth in this paragraph is referred to in this resolution
Regulq~~i~~~~c,~,ToM~y1~,4?4010 -Page 56 of 109 _ 2 _ {00020608.DOC / 4}
as the "Minimum Construction Requirement." The Targeted Employer is responsible to
track and provide supporting documentation for Marana construction sales tax actually
paid in connection with the construction of Targeted Employer's facility. Any contractor
who does other taxable construction work in the town limits of Marana while working on
Targeted Employer's facility must provide Marana with. a separate accounting of Marana
construction sales tax paid in connection with the construction of Targeted Employer's
facility.
B. Since the effective date of this resolution has created at least 25 new jobs in
Marana with wages that equal or exceed $40,000.
SECTION 4. For purposes of this resolution, "Marana construction sales tax" means
Marana transaction privilege taxes (currently 4%) generated pursuant to Section 8-415 and 8-416
of the Marana Tax Code from construction contracting and speculative builder activities.
SECTION 5. The Town Manager is authorized to administer and interpret the Marana Job
Creation Incentive Program, and the various town officers and employees are authorized and
directed to perform all acts necessary or desirable to give effect to this resolution.
SECTION 6. This resolution is effective on June 3, 2010 and shall apply to any Targeted
Employer for which the town issues a certificate of occupancy for the Minimum Construction
Requirement on or before June 30, 2013.
SECTION 7. For each Targeted Employer, the economic incentives authorized by this
Marana Job Creation Incentive Program are available for a period of three years, beginning on
the date the town issues a certificate of occupancy for the Minimum Construction Requirement,
and ending on the third anniversary of that date.
SECTION 8. While this resolution is in effect and during the three-year period described
in Section 7 of this resolution, the use of those Marana construction sales tax revenues addressed
by this resolution shall control over any other conflicting or different use of Marana construction
sales tax revenues as directed in previously-adopted Marana resolutions.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 4th day of May, 2010.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Reguly~~,~~~OM~~,~010 -Page 57 of 109 _ 3 _ {00020608.DOC / 4}
Apri130, 2010
'i i ' The Honorable Mayor and Council
~,ut',~r;-~ ~~rat~~sni E~~-_~_-5.~~s~,~cio2 Town of Marana
Town Hall
11555 W. Civic Center Drive
Southern Arizona Marana, AZ 85653
Horne Builders
Association
2840 N. Country G€ub Road ~; M&C Agenda Item #4, Resolution No. 2010-44, Marana Job Creation
Tucson, Arizona 8571 b Incentive Program
Bone: (520)795-5914
Fax; (520)326-8bb5
~Ieb: www.sahba.or8
Dear Mayor Honea and Council Members:
On behalf the 550+ members of the Southern Arizona Home Builders
President
Jessica D. Whyde Association, I would like to applaud you for considering this job creation
program and encourage you to support Resolution No. 2010-44. As the
representative for an industry that has seen dramatic job losses in the past 18
201fl Executive C)f'ficers months, SAHBA understands the importance of creating jobs, sparking
investment and diversifying our economy. The Marana Job Creation Incentive
Chairman Program is a big step in the right direction.
Ed Castethano
Becictin Construction
Sincerely,
'S st Yice Chairman
Charlie Bowles
Riamond Ventures
~
2nd Viee Chairman
Al L~ocq David Godlewski
A. B. LeCocq Construction
Government Liaison, SAHBA
SecretarylTreasurer
l=red Bassett
CC: Mr. Josh Wright, Assistant to the Town Manager
Immediate Past Chairman
Michael Whyde
Pepper Viner Homes
Legal Counsel
John E. Kofran
Sherry J, powner
Fennernore Gram
NAHB
Regular Councif Meeting - May~4, 2010 -Page 58 of 109
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Economic and Real Estate Consulting
MEMORANDUM
To: Mr. Frank Cassidy.
Town ofMarana
From: Richard Merritt
Date: May 4, 2010
Re: Marana Job Incentive Program Impact
Thee. scope of this. engagement is to provide a fiscal analysis of new employees who would relocate
to Marana, Arizona from new or expanding. businesses. The study analyzed the impacts of direct
employee and spin-off employee spending within the Town of Marana over a hypothetical three-
...year-time period.
Assumptions. were created to facilitate the modeling process and estimate fiscal impacts to the
.Town of Marana. Income -tiers of $30,000 to $50,000 were used: to compare the marginal. effects
of. different income levels. Employees at each wage level would. spend a portion of their
disposable income within the Town-and generate bothsalestaxes and spin-off employment from
that spending. Those employees supporfed by employee .spending would, in .turn, spend a
portion. of their wages in the Town...
The following assumptions have been utilized in this analysis:
• A 35% leakage rate was used to calculate sales tax revenue from employee spending...
Sales tax revenue from spending- should be reduced further if this assumption appears
_too optimistic.
• The salaried employee is supporting a household equal to the average household size in
the Town of Marana. The household size is estimated at 2.74 persons.
• The population of the household is used to generate an estimate of state shared
revenues that-would accrue to the Town... This figure assumes that. the .new employee's
household was not already a resident of Marana and that they have been counted in an
official census to adjust Arizona Department of Revenue distribution tables. These
typically only occur after an official .decennial census or 5-year special. census, so a
considerable lag in increased state shared revenues could. occur: depending an the
timing of employee: relocation.
New home purchase price of $180,000.
Elliott D. Pollack & company
7505 East 6~` Avenue; Suite 100 Scottsdale, Arizona 85251 ~ PH 480.423:9200 ^ FAX 480:423.5942 ^ info ane, daco:com ~ www.arizonaeponomy.com
Marano Job Creationlncentive Program -Employee Impacts
The first scenario analyzed considered the purchase of a new home in Marano. Only new home
purchases- would generate sales tax dollars for the Town, though both new and resale home
purchases would support home purchasing related: industries (realtors, title agencies, appraisal
services, etc.). The following estimate does not include any construction employment supported
by the purchase of a new home and any potential spending -from construction employment.
Annual Per Capita Impact from Employee. Spending (New. Home Purchase)
Town of Marano
(2010 Dollars)
1/The figures inGude revenues collected by the State and shared with cities and towns. The figures are intended only as a general guideline as
to how the municipality could be impacted by the project. The above figures are based on the current economic structure and tax-rates of the
municipality.
Source: Elliott D. Pollack & Company; IMPLANT Arizona Department of Revenue; Arizona Tax Research Association
Em to ment Prima Seconds
New Home Employees' State
Impact Sales Spending Shared TotaF
T e Tax Sales Tax Revenues Revenues
.$30,000 Employee Direct ~ $6,900 $439 $940 $8,279
Spin-Off 0,20 $89 N/A $89
Total $6,900 $529 $940 $8,368
$40,000 Employee Direct.: 1 $6,.900 $493 $940' $8,333
Spin-Off 0.27 $119 N/A $119
Total $8,900 $612 $940 $8,452:
$50,000 Employee Direct ~ $6,900 $547 $940 $8,386
Spin-Off 0.34 $149 N/A $449
Total $6,900 $696 $940 $8,535
Marana Job Creation Incentive Program -Employee Impacts
The following table assumes no new home purchase but assumes. -that the employee resides
within the Town of Marana. Therefore, the sales tax from a new home purchase is eliminated.
The net impact of employee spending and state shared revenues is approximately $1,470. per year
for an employee making $30,000 per year, $1,550. per year for an employee .making $40,000 per
year and $1,635 per year for an employee making $50,000 per year.
Annual Per Capita Impact from Employee Spending (NO New Home Purchase)
Town of Marana
(2010 Dollars)
Em to merit Seconda Revenues
Impact
T e Employees' State
Spending Shared-
Sales Tax Revenues
Total
Revenues
$30,000 Employee Direct
Spin-Off 1
0.20 $439 $940'
$89 N/A $1,379
$89
Total $529 $940 $1,468
$40,000 Employee
. Direct
Spin-Off 1
0.27 $493 $940'
$11:9 N/A $1,433
$119
Total $612 $940 $1,552
$50,000 Employee Direct
Spun-Off 1
0.34 $547 $940
$149 N/A $1,486
$149
Total $696 $940 $1,635.
1/The figures inGude revenues collected by the State and shared with cities and towns. The figures are intended only as a general
guideline as to how the municipality could be impaled by the project. The above' figures are based on the current. economic
structure and. tax rates of the municpality.
Source:. Elliott D. Pollack & Company; IMPLANT Arizona Department of Revenue; Arizona Tax Research Association
Over a three year time frame and assuming no new home purchases, total tax benefits to the town
from an employee's presence would range between just over.` $4,400 to just over $4,900
depending on the wage .level of the employee. The following table details these .impacts by
salary level.
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11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
COUNCIL CHAMBERS, May 4, 2010, 7:00:00 PM
To: Mayor and Council Item A 3
From: Erik Montague ,Finance Director
Strategic Plan Focus Area:
Not Applicable
Subject: Ordinance No. 2010.07: Relating to Finance; adopting the amended Town of Marana
Comprehensive Fee Schedule and designating an effective date
Resolution No. 2010-45: Relating to Finance; declaring the amended Town of Marana
Comprehensive Fee Schedule as a public record filed with the Town Clerk
Discussion:
In 2009, the Town Council adopted Ordinance 2009.11, which created atown-wide,
Comprehensive Fee Schedule and standardized fees across all departments. At the time of that
ordinance's adoption, it was determined that an annual review of the Comprehensive Fee
Schedule should occur to ensure that the Town was continuing to cover its costs, where
appropriate, and was charging fair and equitable fees to its customers.
Staff conducted this year's review of the Comprehensive Fee Schedule with the following goals
in mind:
1) Eliminate errors, inconsistencies and unused items within the existing comprehensive fee
schedule.
2) Ensure that fees reflect the actual cost of providing programs and services to customers, where
appropriate.
3) Comply with any new legal requirements mandated by federal, state and local legislation.
Staff also worked with representatives from the Southern Arizona Home Builders Association
(SAHBA) and Metropolitan Pima Alliance (MPA) to review the Comprehensive Fee Schedule
and ensure that fees for all services are reasonable. Both organizations indicated their satisfaction
with the proposed amended Comprehensive Fee Schedule and MPA submitted a letter of support,
which is included in the Town Council's materials.
At its special meeting on March 30, 2010, the Town Council reviewed proposed updates to the
Comprehensive Fee Schedule and directed staff to prepare an ordinance for adoption of
the amended schedule. Since that time, the only significant change to the proposed amended
Comprehensive Fee Schedule is the addition of a flat-rate permit for commercial photovoltaic
systems, which will significantly lower the cost of constructing these devices and encourage
businesses to use solar technology.
Regular Council Meeting -May 4, 2010 -Page 59 of 109
ATTACHMENTS:
Name: Description: Type:
D Ord,_re. amending.
comprehensive fee schedule Ordinance Ordinance
(00020667). DOC
~ Reso declaring amended
fee schedule public record Resolution declaring as public record Resolution
(00020668). DOC
n EX A FY 2011 fee
schedule final draft.XLS Exhibit A: Proposed Amended Comprehensive Fee Schedule Exhibit
~ MPA letter Development MPA Letter of Support Backup Material
Service Fees 4.14.10.pdf
Staff Recommendation:
Staff recommends adoption of the amended Comprehensive Fee Schedule.
Suggested Motion:
I move to adopt Ordinance No. 2010.07, adopting the amended Town of Marana Comprehensive
Fee Schedule and designating an effective date of July 1, 2010, and Resolution No. 2010-45,
declaring the amended Town of Marana Comprehensive Fee Schedule as a public record filed
with the Town Clerk.
Regular Council Meeting -May 4, 2010 -Page 60 of 109
MARANA ORDINANCE NO. 2010.07
RELATING TO FINANCE; ADOPTING THE AMENDED TOWN OF MARANA
COMPREHENSNE FEE SCHEDULE AND DESIGNATING AN EFFECTIVE DATE
WHEREAS the Town Council is authorized by A.R.S. § 9-240 (A) to control the finances of
the Town; and
WHEREAS Marana Ordinance 2009.1 1, adopted on June 9, 2009, established the Town of
Marana Comprehensive Fee Schedule, which was made a public record by the adoption of Marana
Resolution No. 2009-87; and
WHEREAS Town staff has completed its first annual review of the Comprehensive Fee
Schedule and recommends amendments to the schedule based on this review; and
WHEREAS the Town Council finds that amending the Comprehensive Fee Schedule is in the
best interests of the Town and its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, as follows:
SECTION 1. The amended Town of Marana Comprehensive Fee Schedule, three copies of
which are on file in the office of the Town Clerk of the Town of Marana, Arizona, which was made a
public record by and attached as Exhibit A to Resolution No. 2010-45 of the Town of Marana, Ari-
zona, is hereby referred to, adopted and made a part of this Ordinance as if fully set out here.
SECTION 2. The various town officers and employees are authorized and directed to per-
form all acts necessary or desirable to give effect to this Ordinance.
SECTION 3. All ordinances, resolutions, or motions and parts of ordinances, resolutions, or
motions of the Council in conflict with the provisions of this Ordinance are hereby repealed, effec-
tive as of the effective date of this Ordinance.
SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this Ordinance
is for any reason held to be invalid or unconstitutional by the decision of any court of competent ju-
risdiction, such decision shall not affect the validity of the remaining portions hereof.
SECTION 5. This ordinance shall become effective on July 1, 2010.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 4th day of May, 2010.
Mayor Ed Honea
ATTEST: APPROVED AS TO FORM:
Jc~celnyt~~ faro 0 77'~ Cle~x~k Frank Cassidy, Town Attorney
Regular ou G ee ~ng -~ay~', 2U~(~~age of 109
Marana Ordinance 2010.XX {00020667.DOC /}
MARANA RESOLUTION N0.2010-45
RELATING TO FINANCE; DECLARING THE AMENDED TOWN OF MARANA
COMPREHENSIVE FEE SCHEDULE AS A PUBLIC RECORD FILED WITH THE TOWN
CLERK
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, that the amended Town of Marana comprehensive fee schedule, a copy
of which is attached to and incorporated in this resolution as Exhibit A and three copies of which
are on file in the office of the Town Clerk, is hereby declared to be a public record and ordered to
remain on file with the Town Clerk.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 4th day of May, 2010.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Regular Council Meeting -May 4, 2010 -Page 62 of 109 ~
100020668.DOC /}
TOWN OF MARANA
COMPREHENSIVE FEE SCHEDULE
EFFECTIVE JULY 1.2010
Fee/Descri tion Amount Unit of Measure Notes
AIRPORT
Single Engine Open Tie-Down <12,500 Ibs.(Monthly) $45.00 Per tie-down
Single Engine Open Tie-Down <12,500 Ibs.(Daily) $4.50 Per tie-down
Twin Engine Open Tie-Down <12,500 lbs. (Monthly) $67.00 Per tie-down
Twin Engine Open Tie-Down <12,500 lbs. (Daily) $6.70 Per tie-down
Turboprop Open Tie-Down <12,500 lbs. (Monthly) $89.00 Per tie-down
Turboprop Open Tie-Down <12,500 lbs. (Daily) $8.90 Per tie-down
Jet Open Tie-Down <12,500 lbs. (Monthly) $111.00 Per tie-down
Jet Open Tie-Down <12,500 lbs. (Daily) $11.00 Per tie-down
Helicopter Open Tie-Down <12,500 lbs. (Monthly) $111.00 Per tie-down
Helicopter Open Tie-Down <12,500 lbs. (Daily) $11.00 Per tie-down
Aircraft Open Tie-Down 12,500 lbs. to 24,999 lbs. (Monthl) $167.00 Per tie-down
Aircraft Open Tie-Down 12,500 lbs. to 24,999 lbs. (Dail) $16.70 Per tie-down
Aircraft Open Tie-Down 25,000 lbs. to 49,999 lbs. (Monthly) $279.00 Per tie-down
Aircraft Open Tie-Down 25,000 lbs. to 49,999 lbs. (Daily) $27.90 Per tie-down
Aircraft Open Tie-Down 50,000 lbs. to_99,999 lbs. (Monthly) $557.00 Per tie-down
Aircraft Open Tie-Down 50,000 lbs. to 99,999 lbs. (Daily) $55.70 Per tie-down
Aircraft Open Tie-Down 100,000 lbs. to 200,000 lbs. (Monthly) $1,114.00 Per tie-down
Aircraft Open Tie-Down 100,000 lbs. to 200,000 lbs. (Daily) $111.40 Per tie-down
Aircraft Open Tie-Down Greater Than 200,000 lbs. (Monthly) $1,671.00 Per tie-down
Aircraft Open Tie-Down Greater Than 200,000 lbs. (Daily) $167.10 Per tie-down
Temporary Open Ramp Vehicle Parking with Aircraft; Vehicle up
to and includin 20 feet in length (Monthly) $279.00 Per vehicle
Temporary Open Ramp Vehicle Parking with Aircraft; Vehicle up
to and including 20 feet in length (Dail ) $27.00 Per vehicle
Temporary Open Ramp Vehicle Parking with Aircraft; Vehicle
over 20 feet in length (Monthl ) $390.00 Per vehicle
Temporary Open Ramp Vehicle Parking with Aircraft; Vehicle
over 20 feet in length (Daily) $39.00 Per vehicle
Temporary Open Ramp Vehicle Parking with Aircraft; Trailer
(Monthly) $279.00 Per vehicle
Temporary Open Ramp Vehicle Parking with Aircraft; Trailer
(Daily) $27.00 Per vehicle
Temporary Open Ramp Vehicle Parking with Aircraft; Fuel Truck
(Monthl ) $279.00 Per vehicle
Temporary Open Ramp Vehicle Parking with Aircraft; Fuel Truck
(Dail ) $27.00 Per vehicle
Airship Parking (Monthly) $200.00 Per airship
Airship Parking (Daily) $20.00 Per airship
Commercial Photography Permit (Daily) $250.00 Per permit Plus escort fees.
SASO Banner Tow Permit (Annually) $250.00 Per permit Per calendar year.
SASO Aircraft Charter/Taxi/Warbird Flights Permit $250.00 Per permit Plus passenger fee.
Per calendar year.
Self Fueling Permit (Annually) $100.00 Per permit Per calendar year.
Commercial Self Fueling_Permit (Annually) $500.00 Per permit .Per calendar year.
_ _ __
Commercial Fueling Permit - FBO or SASO (Annually) _
$500.00 Per permit Plus ground lease with
airport.
Fuel Flowage Fee; FBO or SASO with ground lease $0.07 Per gallon
delivered
EXHIBIT A OF MARANA RESOLUTION NO. 2010-45
Regular Council Meeting -May 4, 2010 -Page 63 of 109 page 1 of 24
TOWN OF MARANA
COMPREHENSIVE FEE SCHEDULE
EFFECTIVE JULY 1.2010
Fee/Descri tion Amount Unit of Measure Notes
Fuel Flowage Fee; Self-Fueler Based Aircraft Tenant $0.07 Per gallon
pumped
Fuel Flowage Fee; Commercial Self-Fueler with Permit $0.14 Per gallon Plus initial fee.
delivered
Fuel Flowage Fee; Commercial Self-Fueler with Permit Initial Fee $0.14 Per gallon of fuel Assessed each time
truck capacity fuel truck re-enters
airport.
Airside Escort $75.00 Per hour Minimum charge of
_ _ _ $75.00.
__ _
Airport Labor Rate $75.00 Per hour Minimum charge of
$75.00.
Airport Overtime Labor Rate $125.00 Per hour Minimum charge of
$125.00.
Airport Call-out $125.00 Per call-out
Runway/Taxiway Li ht Replacement $300.00 Per li ht
Airport Damage $150.00 Per incident Plus. actual item and/or
labor cost to repair.
Specialized Aeronautical Permit (Events) $250.00 Per permit
Specialized Non-Aeronautical Permit (Events) $500.00 Per permit
CLERK
Liquor License Application $500.00 Per application
Special Event Liquor License $25.00 Per day Plus applicable State
of Arizona fees.
Applies only to events
not organized by the
Town.
Liquor License Application; Extension of Patio Premises $25.00 Per application Plus applicable State
of Arizona fees.
Special Event or Special Event Liquor License Late Application $25.00 Per application Plus any other
Fee applicable fees.
Applies to events not
organized by the Town.
Applies if application
submitted less than 30
days before event.
Fireworks Permit Application $100.00 Per application
Ballot Argument Fee (Deposit) $250.00 Per ballot
argument
COURTS
Fee for Taking Default Judgment $65.00 Per judgment
Jail Reimbursement Fee See note Per sentence Fee is the actual cost
to the Town.
Prosecution Fee $40.00 Per citation
Administrative Warrant Fee $20.00 Per warrant
Court Improvement Fee $35.00 Per citation
Jury Cancellation Fee See note Per incidence Fee is the actual cost
to the Town.
EXHIBIT A OF MARANA RESOLUTION N.O. 2010-45
Regular Council Meeting -May 4, 2010 -Page 64 of 109 page 2 of 24
TOWN OF MARANA
COMPREHENSIVE FEE SCHEDULE
EFFECTIVE JULY 1.2010
Fee/Descri tion Amount Unit of Measure Notes
Community Service Monitoring Fee $5.00 Per sentence
Order of Harassment Service Fee $40.00 Per order
Court-Monitored Probation Fees See note Per sentence Fee is the actual cost
to the Town.
DEVELOPMENT SERVICES
Plannin
Annexation; Processing Fee $500.00 Per annexation Applies to annexations
not initiated by the
Town.
General Plan Map Major Amendment; Base Fee $2,600.00 Per amendment
General Plan Map Major Amendment; Acreage Fee $40.00 Per acre
General Plan Map Minor Amendment; Base Fee $2,000.00 Per amendment
General Plan Map Minor Amendment; Acreage Fee $20.00 Per acre
Specific Plan; Residential Land up to 4.0 residences per acre; $1,400.00 Per submittal Maximum fee not to
Base fee exceed $35,000.00.
Specific Plan; Residential Land up to 4.0 residences per acre; $50.00 Per acre Maximum fee not to
Acreage fee (if over five acres) exceed $35,000.00.
Specific Plan; Residential Land 4.01 to 20 residences per acre; $2,500.00 Per submittal Maximum fee not to
Base fee exceed $35,000.00.
Specific Plan; Residential Land 4.01 to 20 residences per acre; $70.00 Per acre Maximum fee not to
Acreage fee (if over five acres) exceed $35,000.00.
Specific Plan; Residential Land 20.01 residences per acre and $2,700.00 Per submittal Maximum fee not to
above and Commercial and Industrial Land Uses; Base fee exceed $35,000.00.
Specific Plan; Residential Land 20.01 residences per acre and $70.00 Per acre Maximum fee not to
above and Commercial and Industrial Land Uses; Acreage fee (if exceed $35,000.00.
over five acres)
Text Amendment to Adopted Specific Plan $1,500.00 Per submittal Maximum fee not to
exceed $35,000.00.
Land Use Designation Amendment to Specific Plan See note Per submittal Fee is is same as total
application fee for
specific plan as
calculated.
Significant Land Use Chan e; Up to 1.00 Acre $550.00 Per submittal
Significant Land Use Change; 1.01 Acres to 10.00 Acres $1,250.00 Per submittal
Significant Land Use Change; Over 10.01 Acres $1,750.00 Per submittal
Rezoning; To rezone property from any zone to AG, RD-180, R- $850.00 Per submittal
144, R-80, R-36, R-20, and R-16; Not more than five acres
Rezoning; To rezone property from any zone to AG, RD-180, R- $1,500.00 Per submittal
144, R-80, R-36, R-20, and R-16; More than five and up to ten
acres
Rezoning; To rezone property from any zone to AG, RD-180, R- $2,500.00 Per submittal Maximum fee not to
144, R-80, R-36, R-20, and R-16; More than ten acres; Base fee exceed $10,000.00.
Rezoning; To rezone property from any zone to AG, RD-180, R- $100.00 Per acre Maximum fee not to
144, R-80, R-36, R-20, and R-16; More than ten acres; Acreage exceed $10,000.00.
Fee
Rezoning; To rezone property from any zone to AG, RD-180, R- $1,200.00 Per submittal Maximum fee not to
144, R-80, R-36, R-20, and R-16; Site anal sis review fee exceed $10,000.00.
EXHIBIT A OF MARANA RESOLUTION NO. 2010-45
Regular Council Meeting -May 4, 2010 -Page 65 of 109 Page 3 of 24
TOWN OF MARANA
COMPREHENSIVE FEE SCHEDULE
EFFECTIVE .lUl_Y 1.2010
Fee/Descri tion Amount Unit of Measure Notes
Rezoning; To rezone property from any zone to AG, RD-180, R- See note Per re-submittal Fee is 50% of original
144, R-80, R-36, R-20, and R-16; Re-submittal Fee fee for applicable
items.
Rezoning; To rezone property from any zone to R-12, R-10, R-8, $1,800.00 Per submittal
R-7, R-6, MH, MHS, and RV; Not more than five acres
Rezoning; To rezone property from any zone to R-12, R-10, R-8, $2,800.00 Per submittal Maximum fee not to
R-7, R-t3, MH, MHS, and RV; More than five acres; Base fee exceed $20,000.00.
Rezoning; To rezone property from any zone to R-12, R-10, R-8, $150.00 Per acre Maximum fee not to
R-7, R-6, MH, MHS, and RV; More than five acres; Acreage fee exceed $20,000.00.
Rezoning; To rezone property from any zone to R-12, R-10, R-8, $1,200.00 Per submittal Maximum fee not to
R-7, R-6, MH, MHS, and RV; Site analysis review fee exceed $20,000.00.
Rezoning; To rezone property from any zone to R-12, R-10, R-8, Per re-submittal Fee is 50% of original
R-7, R-6, MH, MHS, and RV; Re-submittal fee fee for applicable
items.
Rezoning; To rezone property from any existing zone to RR, MU- $2,000.00 Per submittal
1, MR-1, MR-2, CO, NC, VC, RC, SC, VRC, CBC, and LI HI; Not
more than five acres
Rezoning; To rezone property from any existing zone to RR, MU- $3,000.00 Per submittal Maximum fee not to
1, MR-1, MR-2, CO, NC, VC, RC, SC, VRC, CBC, and LI HI; exceed $26,000.00.
More than five acres; Base fee
Rezoning; To rezone property from any existing zone to RR, MU- $300.00 Per acre Maximum fee not to
1, MR-1, MR-2, CO, NC, VC, RC, SC, VRC, CBC, and LI HI; exceed $26,000.00.
More than five acres; Acres a fee
Rezoning; To rezone property from any existing zone to RR, MU- $1,200.00 Per submittal Maximum fee not to
1, MR-1, MR-2, CO, NC, VC, RC, SC, VRC, CBC, and LI Ht; Site exceed $26,000.00.
analysis review fee
Rezoning; To rezone property from any existing zone to RR, MU- See note Per re-submittal Fee is 50% of original
1, MR-1, MR-2, CO, NC, VC, RC, SC, VRC, CBC, and LI HI; Re- fee for applicable
submittal fee items.
Modification or Waiver of Rezoning Conditions $500.00 Per condition or
condition
subsection
Site Analysis Review (Not associated with a rezoning); Base fee $1,200.00 Per submittal
Site Analysis Review (Not associated with a rezoning); Re- $150.00 Per re-submittal
submittal or revision fee or revision
Land Development Code Amendment $1,500.00 Per submittal
Applicant-requested Continuance $200.00 Per continuance
Title Report Review $280.00 Per submittal
Plannin -Prelimina Block Plat
Preliminary Block Plat; 0-20 acres; base fee $350.00 Per submittal
Prelimina Block Plat; 0-20 acres; acreage fee $75.00 Per acre
Preliminary Block Plat; 20.01-120 acres; base fee $850.00 Per submittal
Prelimina Block Plat; 20.01-120 acres; acreage fee $50.00 Per acre
Prelminary Block Plat; Over 120 acres; base fee $3,500.00 Per submittal
Prelimina. Block Plat; Over 120 acres, acres a fee $25.00 Per acre
EXHIBIT A OF MARANA RESOLUTION NO. 2010-45
Regular Council Meeting -May 4, 2010 -Page 66 of 109 page 4 of 24
TOWN OF MARANA
COMPREHENSIVE FEE SCHEDULE
EFFECTIVE .IL11 Y 1 7010
Fee/Descri tion Amount Unit of Measure Notes
Preliminary Block Plat; Miscellaneous Document Review $280.00 Per submittal Fee is based on
estimated review time.
Actual fees may be
higher at rate of $70.00
per hour.
Preliminary Block Plat; Amendment, Modification or Extension See note Per submittal Fee is 50% of original
fee for applicable
items.
Preliminary Block Plat; Additional Submittals After Second
Submittal See note .Per additional
submittal Fee is 50% of original
fee for applicable
items.
Plannin -Final Block Plat
Final Block Plat; 0-20.00 acres; base fee $350.00 Per submittal
Final Block Plat; 0-20.00 acres; acreage fee $30.00 Per acre
Final Block Plat; 20.01-100.00 acres; base fee $850.00 Per submittal
Final Block Plat; 20.01-100.00 acres; acreage fee $20.00 Per acre
Final Block Plat; Over 100.01 acres; base fee $3,850.00 Per submittal
Final Block Plat; Over 100.01 acres; acreage fee $10.00 Per acre
Final Block Plat; Covenants, Conditions & Restrictions Review $280.00 Per submittal
Final Block Plat; Other Miscellaneous Report Review $280.00 Per submittal
Final Block Plat; Assurance Agreement Review $280.00 Per submittal
Final Block Plat; Amendment, Modification or Extension See note Per affected lot Fee is 50% of original
fee for applicable
items.
Final Block Plat; Additional Submittals After Second Submittal See note Per additional
submittal Fee is 50% of original
fee for applicable
items.
Plannin - Prelimina Plat
Preliminary Plat; Subdivision up to nine lots $3,000.00 Per submittal
Preliminary Plat; Subdivision additional lot fee (over nine lots) $30.00 Per lot
Preliminary Plat; Miscellaneous Document Review $280.00 Per submittal Fee is based on
estimated review time.
Actual fees may be
higher at rate of $70.00
per hour.
Preliminary Plat; Amendment, Modification or Extension See note Per submittal Fee is 50% of original
fee for applicable
items.
Preliminary Plat; Additional Submittals After Second Submittal See note Per additional
submittal Fee is 50% of original
fee for applicable
items.
Plannin -Final Plat
Final Plat; Subdivision up to nine lots $1,000.00 Per submittal
Final Plat; Subdivision additional lot fee (over nine lots) $30.00 Per lot
Final Plat; Covenants, Conditions & Restrictions Review $280.00 Per submittal
Final Plat; Other Miscellaneous Report Review $280.00 Per submittal
Final Plat; Assurance A reement Review $280.00 Per submittal
EXHIBIT A OF MARANA RESOLUTION NO. 2010-45
Regular Council Meeting -May 4, 2010 -Page 67 of 109 Page 5 of 24
TOWN OF MARANA
COMPREHENSIVE FEE SCHEDULE
EFFECTIVE JULY 1.2010
Fee/Descri tion Amount Unit of Measure Notes
Final Plat; Amendment, Modification or Extension See note Per affected lot Fee is 50% of original
fee for applicable
items.
Final Plat; Additional Submittals After Second Submittal See note Per additional
submittal Fee is 50% of original
fee for applicable
items.
Minor Land Division; Base fee $200.00 Per submittal
Minor Land Division; Third submittal and thereafter $150.00 Per additional
submittal
Development Plan; up to two acres of commercial or multi-family;
base fee $2,000.00 Per submittal
Development Plan; Additional fee for each acre over two acres $40.00 Per acre
Development Plan: Miscellaneous Document Review $280.00 Per submittal
Development Plan; Amendment, Modification or Extension; Up to
ten acres $1,500.00 Per submittal
Development Plan; Amendment, Modification or Extension;
additional fee for each acre over ten acres; $25.00 Per acre
Development Plan; Additional submittals after second See note Per submittal Fee is 50% of original
fee for applicable
items.
Site Plan/Architectural Review $400.00 Per submittal
Residential Design Plan $1,250.00 Per submittal
Pre-Application Conference $
250.00 Per submittal
_ _ ____
Miscellaneous Town Council Action __
_
_
$250.00
Per submittal _
Conditional Use Permit; Application Fee $1,000.00 Per submittal
Temporary Use Permit; Administrative Process Onl $350.00 Per submittal
Temporary Use Permit; Administrative Process with Council
Action $500.00 Per submittal
Landscape Plans; Base Fee $200.00 Per submittal
Landscape Plans; Per Sheet Fee $50.00 Per sheet Excluding cover sheet.
Landscape Plans; Second Submittal and Each Submittal
Thereafter Per Sheet Fee $40.00 Per sheet
Native Plant Permit; Base fee $200.00 Per submittal
Native Plant Permit; Per Sheet Fee $50.00 Per sheet Excluding cover sheet.
Native Plant Permit; Second Submittal and Each Submittal
Thereafter Per Sheet Fee $40.00 Per sheet
Native Plant Permit; Exception Fee $50.00 Per submittal
Board of Adjustment; Appeal Fee $250.00 Per submittal
Planning Department Inspection Fee $50.00 Per inspection
Planning Department Plan Check Review Fee $40.00 Per submittal
Zoning Compliance Letter $75.00 Per letter
Zoning Violation; Plan Check Review Fee $100.00 Per submittal
Zoning Violation; Variance for Zoning Violation $850.00 Per submittal
Miscellaneous Plannin Commission Action Fee $250.00 Per submittal
Time Extension Fee; Administrative Extension $300.00 Per extension
Time Extension Fee; Planning Commission/Council Action $500.00 Per extension
Variance Re uest $550.00 Per submittal
EXHIBIT A OF MARANA RESOLUTION NO. 2010-45
Regular Council Meeting -May 4, 2010 -Page 68 of 109 page 6 of 24
TOWN OF MARANA
COMPREHENSIVE FEE SCHEDULE
EFFECTIVE JULY 1, 2010
Fee/Descri tion Amount Unit of Measure Notes
Revisions to Approved Plans See note Per submittal Fee is 50% of initial
application fee for each
submittal.
Signs; Initial Sign Fee; Per square foot of signboard on which a
display appears $1.00 Per square foot In addition to other
applicable fees for free
standin signs.
Signs; Initial Sign Fee; Per each foot of height of the sign in
excess of twelve feet $2.00 Per foot In addition to other
applicable fees for free
standing signs. Height
is measured from the
top of the sign.
Signs; Additional Fee for Lighted Signs $15.00 Per sign
Signs; Permanent sign; base fee $10.00 Per permit
Signs; Permanent sign; Fee for sign less than or equal to ten feet
in height $35.00 Per sign
Signs; Permanent sign; fee for sign over ten feet in height $50.00 Per sign
Si ns; Temporary sign; base fee $10.00 Per permit
Signs; Temporary sign; Fee for each sign $10.00 Per sign
Signs; Renewal Fee; Temporary sign $5.00 Per sign Every six months for
each sign.
Signs; Renewal Fee; Billboard $500.00 Per sign (Non-conforming)
Signs; Blanket fee per six month period for directional signs; base
fee $10.00 Per permit
_ _____
Signs; Blanket fee per six month period for directional signs; fee
for maximum of three si ns _ _
$100.00 Per permit
Signs; Recovery Fee; first si n (for each occurrence) $25.00 Per sign
Signs; Recovery Fee; each additional sign (for each occurrence) $10.00 Per sign
Signs; Per-diem storage fee; sign less than or equal to ten feet in
height $5.00 Per sign
Signs; Per-diem storage fee; si n over ten feet in height $7.50 Per sign
Si ns; Tempora special event sign permit $20.00 Per permit
Signs; Planned sign program $560.00 Per submittal
Signs; Amendment to planned sign program See note Per submittal Fee is 50% of original
submittal fee.
Signs; Change of Copy Fee $0.25 Per square foot
Election Signs; Blanket Permit Fee $25.00 Per permit
Signs; Off-premise Development Kiosk Sign Program;
Modification Fee $200.00 Per modification Standard public
hearing fees apply.
En ineerin - Develo ment
Drainage Statement Review; Base Fee $280.00 Per submittal
Drainage Report Review; 0-5 acres; base fee $715.00 Per submittal
Draina a Report Review; 0-5 acres; acreage fee $55.00 Per acre
Drainage Report Review; 5.01-10 acres; base fee $800.00 Per submittal
Draina a Report Review; 5.01-10 acres; acreage fee $40.00 Per acre
Drainage Report Review; 10.01-20 acres; base fee $850.00 Per submittal
Drainage Report Review; 10.01-20 acres; acreage fee $35.00 Per acre
Drainage Report Review; 20.01-50 acres; base fee $960.00 Per submittal
Draina a Re ort Review; 20.01-50 acres; acrea a fee $30.00 Per acre
EXHIBIT A OF MARANA RESOLUTION NO. 2010-45
Regular Council Meeting -May 4, 2010 -Page 69 of 109 page 7 of 24
TOWN OF MARANA
COMPREHENSIVE FEE SCHEDULE
EFFECTIVE JULY 1.2010
Fee/Descri tion Amount Unit of Measure Notes
Drainage Report Review; 50.01-100 acres; base fee $1,465.00 Per submittal
Drainage Report Review; 50.01-100 acres; acreage fee $20.00 Per acre
Drainage Report Review; Over 100 acres; base fee $2,465.00 Per submittal
Drainage Report Review; Over 100 acres; acreage fee $10.00 Per acre
Conditional Letter of Map Revision (CLOMR); Review Fee $70.00 Per hour Minimum fee is $350.
Cost includes
subsequent Letter of
Map Revision (LOMR)
review.
-
Letter of Map Revision (LOMR); Review Fee $70.00 Per hour .--
Minimum fee is
$280.00.
Review of Geotechnical Report; Hourly Rate $70.00 Per hour Minimum fee is
$280.00.
Review of Supplemental Calculations other than Drainage or $70.00 Per hour Minimum fee is
Geotechnical Reports; Hourly rate $280.00.
Subdivision Design Exception Report (if not part of a specific $300.00 Per report
plan); Base fee
Subdivision Design Exception Report (if not part of a specific $200.00 Per hearing
plan); hearing fee
Review of Grading Plans; 0-5 acres, base fee $770.00 Per submittal
Review of Gradin Plans; 0-5 acres; acreage fee $25.00 Per acre
Review of Grading Plans; 5.01-20 acres; base fee $800.00 Per submittal
Review of Grading Plans; 5.01-20 acres; acreage fee $20.00 Per acre
Review of Grading Plans; 20.01-40 acres; base fee $90
0.00 Per submittal _
Review of Grading Plans; 20.01-40 acres; acrea a fee _
_
$15.00 _
Per acre _ _____ ____
Review of Grading Plans; 40.01-100 acres; base fee $1,010.00 Per submittal
Review of Grading Plans; 40.01-100 acres; acreage fee $13.00 Per acre
Review of Grading Plans; Over 100 acres; base fee $1,340.00 Per submittal
Review of Grading Plans; Over 100 acres; acrea a fee $10.00 Per acre
Review of Construction Plans; Base fee $400.00 Per submittal
Review of Construction Plans; sheet fee $95.00 Per sheet
Bridge Plan Review; Total Valuation Fee of $1.00 to $500.99 $15.00 Per submittal
Bridge Plan Review; Total Valuation Fee of $501.00 to $2,000.99 See note Per submittal Fee is $15.00 for the
first $500.00 plus $2.00
for each additional
$100.00 or fraction
thereof, to and
including $2,000.00.
Bridge Plan Review; Total Valuation Fee of $2,001.00 to .See note Per submittal Fee is $45.00 for the
$25,000.99 first $2000.00 plus
$9.00 for each
additional $1,000.00 or
fraction thereof, to and
including $25,000.00.
EXHIBIT A OF MARANA RESOLUTION NO. 2010-45
Regular Council Meeting -May 4, 2010 -Page 70 of 109 Page 8 of 24
TOWN OF MARANA
COMPREHENSIVE FEE SCHEDULE
EFFECTIVE JULY 1, 2010
Fee/Descri tion Amount Unit of Measure Notes
Bridge Plan Review; Total Valuation Fee of $25,001.00 to See note Per submittal Fee is $252.00 for the
$50,000.99 first $25,000.00 plus
$6.50 for each
additional $1,000.00 or
fraction thereof, to and
including $50,000.00.
Bridge Plan Review; Total Valuation Fee of $50,001.00 to See note Per submittal Fee is $414.50 for the
.$100,000.99 first $50,000 plus $4.50
for each additional
$1,000.00 or fraction
thereof, to and
including $100,000.00.
Bridge Plan Review; Total Valuation Fee of $100,001.00 to See note Per submittal Fee is $639.50 for the
$500,000.99 first $100,000.00 plus
$3.50 for each
additional $1,000.00 or
fraction thereof, to and
including $500,000.00.
Bridge Plan Review; Total Valuation Fee of $500,001.00 to See note Per submittal Fee is $2039.50 for the
$1,000,000.99 first $500,000.00 plus
$3.00 for each
additional $1,000.00 or
fraction thereof, to and
including
$1,000,000.00.
Bridge Plan Review; Total Valuation Fee of $1,000,001.00 and up See note Per submittal Fee is $3,539.50 for
the first $1,000,000.00
plus $2.00 for each
additional
$1,000,000.00 or
fraction thereof.
Golf Course Plan; Base fee $300.00 Per submittal
Golf Course Plan; Sheet Fee $25.00 Per plan sheet
Public/Semi-Public Water System Plan Review; Base fee $400.00 Per submittal
Public/Semi-Public Water System Plan Review; Hourly review $95.00 Per sheet Excluding cover sheet,
rate except in case of one-
sheet plans.
Public/Semi-Public Pool Plan Review; Base fee $200.00 Per submittal
Public/Semi-Public Pool Plan Review; Hourly review rate $70.00 Per hour Three-hour minimum
review time.
Review of Plans for Wastewater Treatment Facilities; Base fee $500.00 Per submittal
Review of Plans for Wastewater Treatment Facilities; Sheet fee $95.00 Per sheet Excluding cover sheet.
Review of Individual Septic System Plans; Base fee $100.00 Per submittal
Review of Individual Se tic S stem Plans; Sheet fee $85.00 Per sheet
EXHIBIT A OF MARANA RESOLUTION NO. 2010-45
Regular Council Meeting -May 4, 2010 -Page 71 of 109 page 9 of 24
TOWN OF MARANA
COMPREHENSIVE FEE SCHEDULE
EFFECTIVE JULY 1.2010
Fee/Descri tion Amount Unit of Measure Notes
Review of Individual Septic System Plans; Monitor Percolation $70.00 Per hour
Testing
Review of Individual Septic System Plans; Each Additional $70.00 Per hour
Inspection
Review of Individual Septic S stem Plans; Certification $25.00 Per submittal
Assurances; Substitute Assurance $300.00 Per submittal Initial assurance
agreement included in
final plat costs.
Assurances; Partial Release of Assurance $20.00 Per submittal
Type 1 Grading Permit; Base fee $100.00 Per submittal
T pe 1 Gradin Permit; Plan Check Fee $175.00 Per submittal
Type 1 Grading Permit; Construction Cost Fee See note Per submittal Fee is the greater of
$300.00 or 2.0% of the
construction cost.
Type 1 Grading Permit; Violation Fee See note Per violation Fee is double the
permit fee.
Type 2 Gradin Permit; Base fee $100.00 Per submittal
Type 2 Grading Permit; Construction Cost Fee; Subdivisions See note Per submittal Fee is the greater of
$500.00 or 1 % of the
construction costs or
3.5% of the
construction cost for
the Town acting as
_ Engineer of Record.
Type 2 Grading Permit; Construction Cost Fee; Commercial _
See note _ _
Per submittal Fee is the greater of
Developments $800.00 or 1 % of the
construction costs or
3.5% of the
construction cost for
the Town acting as
Engineer of Record.
Includes multi-family
housing. developments.
Type 2 Grading Permit; At-Risk Grading Fee $500.00 Per submittal
Type 2 Grading Permit; Violation Fee See note Per violation Fee is double the
permit fee.
Blasting Permit $50.00 Per permit Fee is in addition to
Type 2 Grading Permit
Fee.
Form B Permit; Base Fee $100.00 Per submittal
Form B Permit; Construction Cost Fee See note Per submittal Fee is the greater of
$500.00 or 1.0% of the
construction costs or
4.5% of the
construction cost for
the Town acting as
Engineer of Record.
Form B Permit; Violation Fee See note Per violation Fee is double the
permit fee.
Form APermit- Ma'or Utilities; Base Fee $100.00 Per submittal
EXHIBIT A OF MARANA RESOLUTION NO. 2010-45
Regular Council Meeting -May 4, 2010 -Page 72 of 109 page 10 of 24
TOWN OF MARANA
COMPREHENSIVE FEE SCHEDULE
EFFECTIVE JULY 1.2010
Fee/Descri tion Amount Unit of Measure Notes
Form APermit -Major Utilities; Construction Cost Fee See note Per submittal Fee is the greater of
$500.00 or 1.0% of the
construction costs or
2.5% of the
construction cost for
the Town acting as
Engineer of Record.
Form APermit -Major Utilities; Violation Fee See note Per violation Fee is double the
- ---- permit fee.
--
Floodplain; Floodplain Hazard Sheet -----
$5.00 ...._------..--
Per report
Floodplain; Floodplain Use Permit $100.00 Per submittal
Floodplain; Floodplain Variance $1,000.00 Per submittal
En ineerin -Traffic
Review of Traffic Impact Study; Hourly Rate $70.00 Per hour Minimum fee is
$560.00.
Review of Traffic Impact Statement; Hourly Rate $70.00 Per hour Minimum fee is
$280.00.
Special Event Traffic Control Review $30.00 Per submittal Applies to events not
organized by the Town.
En ineerin -Environmental
Archaeology Report; Monitoring Report Review $140.00 Per submittal Fee is based on
estimated review time.
Actual fees may be
higher at rate of $70.00
per hour
Archaeology Report; Results of Monitoring Review $70.00 Per submittal Fee is based on
estimated review time.
Actual fees may be
higher at rate of $70.00
per hour
Phase I Environmental Site Assessment Review $280.00 Per submittal Fee is based on
estimated review time.
Actual fees may be
higher at rate of $70.00
per hour
Site Resource Inventory Review $280.00 Per submittal Fee is based on
estimated review time.
Actual fees may be
higher at rate of $70.00
per hour.
Review of Storm Water Pollution Prevention Plan $420.00 Per submittal Includes first and
second submittals and
first inspection.
Additional submittals
reviewed at rate of
$210.00 per submittal.
EXHIBIT A OF MARANA RESOLUTION NO. 2010-45
Regular Council Meeting -May 4, 2010 -Page 73 of 109 Page 11 of 24
TOWN OF MARANA
COMPREHENSIVE FEE SCHEDULE
EFFECTIVE JULY 1.2010
Fee/Descri tion Amount Unit of Measure Notes
Stormwater Pollution Prevention Plan; Purchase of Town $140.00 Per template Includes two copies of
Template template. May be used
for a custom lot, single
family residence that is
part of a common plan
of development in
which the master
developer has already
stabilized and
submitted the Notice of
Termination or where
the SWPPP for the
common plan of
development was
prepared under an old
version ofthe Arizona
Department of
Environmental Quality
Construction General
Permit.
Storm Water Pollution Prevention Plan; Review of Completed $140.00 Per submittal Includes first and
Town Template and Inspection second submittals.
Additional submittals
reviewed at rate of
$70.00 per submittal.
Storm Water Pollution Prevention Plan; Re-inspection $50.00 Per inspection First inspection
included in plan review
fee. Minimum one
inspection per project.
Ri ht-of-Wa
Ri ht-of--Way Permit; Base Fee $100.00 Per submittal
Right-of--Way Permit; Traffic Control Plan Check Fee $50.00 Per submittal
Right-of-Way Permit; Haul Route Fee $150.00 Per submittal Applies if seven or
more haul trucks are
required on a project.
Right-of-Way Permit; Access Fee $50.00 Per submittal Not required if
submitting construction
plans or haul route.
Right-of--Way Permit; Construction Plan Check Fee See note Per submittal Fee is equal to 1.5% of
the construction cost.
Fee not applicable if
Town project or review
conducted through
Development
Engineering.
Right-of--Way Permit; Additional Extension Fee $50.00 Per extension First extension is free.
EXHIBIT A OF MARANA RESOLUTION NO.2010-45
Regular Council Meeting -May 4, 2010 -Page 74 of 109 Page 12 of 24
TOWN OF MARANA
COMPREHENSIVE FEE SCHEDULE
EFFECTIVE JULY 1.2010
Fee/Descri tion Amount Unit of Measure Notes
Right-of-Way Permit; Violation Fee See note Per violation Fee is $1,500 plus
double the permit fee.
Applies when obtaining
a right-of-way permit
after work has already
started or failure to
obtain aright-of-way
permit within two days
after emergency right-
of-way work is
completed.
Right-of-Way Permit; Weekly Inspection Fee See note Per submittal Fee is equal to 1.5% of
the construction cost.
Includes two
inspections per week
and close-out
inspection.
Buildin Safe
Re-inspection Fee $50.00 Per inspection
Special Investigation or Special Final Inspections $50.00 Per investigation
or inspection
Plan Review for Revisions to Approved Plans; No Additional Fee $45.00 Per hour Charged to nearest
Items hour.
Manufactured Home or Factory-built Building See note Per submittal Fee determined per
State of Arizona
schedule.
Construction Trailers See note Per submittal Fee is $90 per
submittal, plus $50 per
utility (electrical, gas,
water, sewer).
Demolition Permit See note Per permit Fee is $50 per
submittal, plus $50 per
utility (electricaF, gas,
water, sewer).
Individual permit
required for each
structure.
Prefabricated Spas and Above-ground Pools $75.00 Per permit
Water Heater/Water Softener Install or Replacement $50.00 Per permit
Electrical Pedestal/Electrical Reconnect $50.00 Per permit
Single Family Residential A/C or Evaporative Cooler $50.00 Per permit Does not include multi-
Replacement ~ family housing
developments.
Barbecue, Fireplace or Other Gas Appliance $50.00 Per permit
Electric/Gas/Water Extension to Serve Minor Permitted Item $1.00 Per linear foot of Hot and cold water
extension run together are
considered as one run.
EXHIBIT A OF MARANA RESOLUTION NO. 2010-45
Regular Council Meeting -May 4, 2010 -Page 75 of 109 Page 13 of 24
TOWN OF MARANA
COMPREHENSIVE FEE SCHEDULE
EFFECTIVE JULY 1.2010
Fee/Descri tion Amount Unit of Measure Notes
Photovoltaic System; Commercial $750.00 Per permit Includes multi-family
developments.
Photovoltaic System; Single Famil Residential $150.00 Per permit
Interior Water Re-pipe See note Per permit Fee is $50 plus $1 per
linear foot of pipe run.
Hot and cold water
together are
considered as one run.
Special Event Building Permit $30.00 Per permit Plus applicable Special
Event Permit fees.
Site or Plot Plan Review for Plan Based Off of Approved Model $50.00 Per permit Generally used for
Once Model Approved for Subdivision; Non-site-built Homes permitting approved
model walls and
pools/spas. Inspection
costs based upon full
valuation.
Site or Plot Plan Review for Plan Based Off of Approved Model $100.00 Per permit Inspection costs based
Once Model Approved for Subdivision; Site-built Homes upon full valuation.
Site or Plot Plan Review to Convert Existing Approved Model to $45.00 Per hour Minimum fee is
New Subdivision; Site-built Homes $180.00.
Consultant Plan Review Fees See note Per submittal Fees determined per
contract with Town.
Registered Plant Annual Permit; Less than 1,000,000 square feet $700.00 Per permit
Registered Plant Annual Permit; Greater than 1,000,000 square $1,400.00 Per permit
feet
Real Pro a Services
Right-of--Way Abandonment; Base fee $2,500.00 Per submittal
Right-of--Way Abandonment; Appraisal Fees See note Per submittal Fee is actual cost to
applicant.
Right-of--Way Abandonment; Title Report & Closing Fees See note Per submittal Fee is actual cost to
applicant.
Right-of--Way Abandonment; Surveyor Fees See note Per submittal Fee is actual cost to
applicant.
_ _
Release of Easement; Base fee $655.00 Per submittal
Release of Easement; Appraisal Fees See note Per submittal Fee is actual cost to
applicant.
Release of Easement; Title Report & Closing Fees See note Per submittal Fee is actual cost to
applicant.
Release of Easement; Surveyor Fees See note Per submittal Fee is actual cost to
applicant.
License A reement; Base fee $1,000.00 Per submittal
License Agreement; Appraisal Fees See note Per submittal Fee is actual cost to
applicant.
License Agreement; Surveyor Fees See note Per submittal Fee is actual cost to
a licant.
EXHIBIT A OF MARANA RESOLUTION NO. 2010-45
Regular Council Meeting -May 4, 2010 -Page 76 of 109 Page 14 of 24
TOWN OF MARANA
COMPREHENSIVE FEE SCHEDULE
EFFECTIVE JULY 1.2010
Fee/Descri tion Amount Unit of Measure Notes
Public Improvement Construction and Repayment Agreement; $5,000.00 Per submittal Fee may be higher
Application Fee depending upon
administrative costs to
process application.
Public Improvement Construction and Repayment Agreement; See note Per year Fee is calculated
Annual Administration Fee based on actual cost to
administer agreement.
Minimum fee is
$100.00.
Other Services
Inspections Outside Normal Business Hours (8:00 AM to 2:30 $65.00 Per hour Two-hour minimum
PM) inspection time.
Copy of Development Submittal; 8.5" x 11" Document $0.25 Per sheet Does not apply to
public records
requests. Fee is
applicable to
development services
customers for copies
of their submittals only.
Copy of Development Submittal; 8.5" x 14" Document $0.25 Per sheet Does not apply to
public records
requests. Fee is
applicable to
development services
customers for copies
of their submittals only.
Copy of Development Submittal; 11" x 17" Document $0.25 Per sheet Does not apply to
public records
requests. Fee is
applicable to
development services
customers for copies
of their submittals only.
Copy of Development Submittal; 18" x 24" Document $1.00 Per sheet Does not apply to
public records
requests. Fee is
applicable to
development services
customers for copies
of their submittals only.
EXHIBIT A OF MARANA RESOLUTION NO. 2010-45
Regular Council Meeting -May 4, 2010 -Page 77 of 109 page 15 of 24
TOWN OF MARANA
COMPREHENSIVE FEE SCHEDULE
EFFECTIVE JULY 1.2010
Fee/Descri tion Amount. Unit of Measure Notes
Copy of Development Submittal; 24" x 36" Document $1.00 Per sheet Does not apply to
public records
requests. Fee is
applicable to
development services
customers for copies
of their submittals only.
Copy of Development Submittal; Document Larger than 24" x 36" $1.50 Per sheet Does not apply to
public records
requests. Fee is
applicable to
development services
customers for copies
of their submittals only.
FINANCE
Surface Mining License $10,000.00 Per license
Business License; Full Year; Initial Fee $50.00 Per license
Business License; Full Year; Annual Renewal Fee $40.00 Per year
Business License; Peddler's License $30.00 Per license Valid for up to five
days.
Business License; Temporary Business License; Short-Term $25.00 Per license
Vendor (Events 10 days or less)
Business License, Temporary Business License; Contractor $40.00 Per license Valid for up to one
ear.
Business License; Sexually Oriented Business; Initial or Annual $500.00 Per license
Renewal Fee
Employee License; Sexually Oriented Business; Initial or Annual $50.00 Per license
Renewal Fee
MISCELLANEOUS
Do License Fees; Unaltered Dog; Standard Fee $60.00 Per animal
Dog License Fees; Unaltered Dog; Senior/Disabled Fee $17.00 Per animal
Dog License Fees; Altered Dog; Standard Fee $15.00 Per animal
Dog License Fees; Altered Dog; Senior/Disabled Fee $10.00 Per animal
Dog License Fees; Dog Declared Vicious, Destructive, and/or $100.00 Per animal
Dangerous
Dog License Fees; Duplicate License Fee $10.00 Per license
Dog License Fees; Delinquent Payment/Licensing Fee; Between $10.00 Per animal
30 days and 1 Year After Due Date
Dog License Fees; Delinquent Payment/Licensing Fee; Between $22.00 Per animal
1 Year and 2 Years After Due Date
Dog License Fees; Delinquent Payment/Licensing Fee; More $36.00 Per animal
than 2 Years After Due Date
Dog License Fees; License Transfer Fee $10.00 Per transfer
Notary Fee $2.00 Per notary
certification
Public Records Requests; 8.5" x 11" Copy; Black & White or $0.50 Per sheet
Gra scale
EXHIBIT A OF MARANA RESOLUTION NO.2010-45
Regular Council Meeting -May 4, 2010 -Page 78 of 109 Page 16 of 24
TOWN OF MARANA
COMPREHENSIVE FEE SCHEDULE
EFFECTIVE JULY 1.2010
Fee/Descri tion Amount Unit of Measure Notes
Public Records Requests; 8.5" x 11" Copy; Color $1.00 Per sheet
Public Records Requests; 8.5" x 14" Copy; Black & White or $0.50 Per sheet
Grayscale
Public Records Requests; 8.5" x 14" Copy; Color $1.00 Per sheet
Public Records Requests; 11" x 17" Copy; Black & White or $0.75 Per sheet
Grayscale
Public Records Requests; 11" x 17" Copy; Color $1.50 Per sheet
Public Records Requests; 18" x 24" Copy; Black & White or $2.00 Per sheet
Grayscale _
Public Records Requests; 18" x 24" Copy; Color
$4.00
Per sheet _ __
Public Records Requests; 24" x 36" Copy; Black & White or $2.00 Per sheet
Grayscale
Public Records Requests; 24" x 36" Copy; Color $4.00 Per sheet
Public Records Requests; Document Larger than 24" x 36" Copy; $3.00 Per sheet
Black & White or Grayscale
Public Records Requests; Document Larger than 24" x 36" Copy; $5.00 Per sheet
Color
Public Records Requests; Documents Used for Commercial (for- $10.00 Per hour Plus Commercial
profit) Purposes; Base Search Fee Value Fee.
Public Records Requests; Documents Used for Commercial (for- See note Per request Fee is the same as
profit) Purposes; Commercial Value Fee applicable. rate for non-
commercial public
records requests, plus
the current commercial
value of the
information as
determined by the
Town.
Files Sent Out for Copying/Scanning See note Per submittal Fee is actual cost to
Town.
Shipping/Mailing Services See note Per submittal Fee is actual cost to
Town.
Fee for Emailing or Faxing a Document $0.00 Per document Document conversion
fee may still apply.
Data CD $10.00 Per disc Plus document
conversion fee.
Audio CD $5.00 Per disc
DVD $20.00 Per disc
Facility Rental; Council Chambers;rRegular Business Hours $45.00 Per hour Three-hour minimum
rental.
Facility Rental; Council Chambers; Evenings, Weekends, and $95.00 Per hour Three-hour minimum
Holidays rental.
Facility Rental; Council Chambers; Securit Deposit $500.00 Per rental
Facility Rental; Conference Center; Regular Business Hours $25.00 Per hour Three-hour minimum
rental.
Facility Rental; Conference Center; Evenings, Weekends, and $35.00 Per hour Three-hour minimum
Holidays rental.
Facility Rental; Conference Center; Technical Assistance; $35.00 Per hour Three-hour minimum
Re ular Business Hours rental.
EXHIBIT A OF MARANA RESOLUTION NO. 2010-45
Regular Council Meeting -May 4, 2010 -Page 79 of 109 Page 17 of 24
TOWN OF MARANA
COMPREHENSIVE FEE SCHEDULE
EFFECTIVE JULY 1.2010
Fee/Descri tion Amount Unit of Measure Notes
Facility Rental; Conference Center; Technical Assistance; $50.00 Per hour Three-hour minimum
Evenings, Weekends, and Holida s rental.
Facility Rental; Conference Center; Security Deposit $200.00 Per rental
Facility Rental; Municipal Complex Atrium; Regular Business $25.00 Per hour
Hours
Facility Rental; Municipal Complex Atrium; Evenings, Weekends, $40.00 Per hour Three-hour minimum
and Holidays rental.
Facility Rental; Municipal Complex Atrium, Security Deposit $500.00 Per rental
Facility Rental; Marana Operations Center; Regular Business $25.00 Per hour Rate is per room.
Hours
Facility Rental; Marana Operations Center; Evenings, Weekends, $35.00 Per hour Three-hour minimum
and Holidays rental. Rate is per
room.
Facilit Rental; Marana Operations. Center; Security Deposit $50.00 Per rental Rate is per room.
Facility Rental; Cancellation Fee $15.00 Per cancellation
Facility Rental; Room Setup Fee $25.00 Per rental
Late Payment Fee $15.00 Per late payment
Returned Check Fee $25.00 Per returned
check
Document Recording Fees See note Per recording Fees determined per
Pima or Pinal County
schedule (as
appropriate).
Document Conversion Fee $4.00 Per submittal Includes revisions and
deferred submittals.
Fee is in addition to
permit base fees.
PARKS 8~ RECREATION
Parks & Recreation Activity Registration Cancellation or Refund $13.00 Per cancellation Charged only when
Administration Fee or refund cancellation is due to
fault of client. If refunds
are required & no fault
of client -charge is
waived.
Recreation Activity, Camp, After School Program, or Special See note Per registration Rates are set by Parks
Interest Class Registration Fee & Recreation
Department according
to policy and
depending on activity.
Fees are reviewed by
PRCAC. Rates may
differ for residents and
non-residents.
Open Swim; Baby Pool $0.25 Per visit Persons supervising
children but not using
pool facilities are not
char ed.
EXHIBIT A OF MARANA RESOLUTION NO. 2010-45
Regular Council Meeting -May 4, 2010 -Page 80 of 109 Page 18 of 24
TOWN OF MARANA
COMPREHENSIVE FEE SCHEDULE
EFFECTIVE JULY 1.2010
Fee/Descri tion Amount Unit of Measure Notes
Open Swim; Persons Under 18 Years of Age- $1.00 Per visit Persons supervising
children but not using
pool facilities are not
charged.
Open Swim; Persons 18 Years of A e and Older $2.00 Per visit
Pool Pass; Family $60.00 Per pass
Pool Pass; Persons Under 18 Years of Age $35.00 Per pass
Pool Pass; Persons 18 Years of Age and Older $45.00 Per pass
Vendor Booth Application Fee; With Canopy; Commercial or $200.00 Per application Applies to special
Sales Use events organized by
Town.
Vendor Booth Application Fee; With Canopy; Non-commercial or $150.00 Per application . Applies to special
Informational Use events organized by
Town.
Vendor Booth Application Fee; Without Canopy; Commercial or $75.00 Per application Applies to special
Sales Use events organized by
Town.
Vendor Booth Application Fee; Without Canopy; Non-commercial $25.00 Per application Applies to special
or Informational Use events organized by
Town.
Vendor Electrical Fee $25.00 Per application Applies to special
events organized by
Town.
Parade Entry Fee $5.00 Per application Applies to special
events organized by
Town.
Park Facility Rental; Small Ramada $10.00 Per hour
Park Facility Rental; Large Ramada $12.00 Per hour
Park Facilit Rental; Pavilion Ramada $15.00 Per hour
Park Facility Rental; Multi-Purpose, Baseball, or Softball Field ,$5.00 Per hour
Park Facility Rental; Multi-Purpose, Baseball, or Softball Field $8.00 Per hour Two-hour minimum
with Li hts rental.
Park Facility Rental; Pool $50.00 Per hour Plus cost of required
lifeguard services.
Lifeguard Services $15.00 Per hour
Senior Center Membership Fee $12.00 Per year
Youth Program Participation Fee $100.00 Per session Includes all youth,
afterschool and
summer camp
programs.
POLICE
Fingerprint Identification Card; Livescan Fee $10.00 Per card
Fingerprint Identification Card; Ink & Roll Fee $15.00 Per card
Towed Vehicle Release; Administration Fee $150.00 Per vehicle
Police Records; Photo raphs $1.00 Per photograph
Police Records; Photograph Handling Fee $10.00 Per request
Vehicle Storage Fee; Base Fee $25.00 Per vehicle Applies to vehicles
stored on Town
ro ert .
EXHIBIT A OF MARANA RESOLUTION NO.2010-45
Regular Council Meeting -May 4, 2010 -Page 81 of 1 Og Page 19 of 24
TOWN OF MARANA
COMPREHENSIVE FEE SCHEDULE
EFFECTIVE JULY 1.2010
Fee/Descri tion Amount Unit of Measure Notes
Vehicle Storage Fee; Daily Rate $10.00 Per day Applies to vehicles
stored on Town
property. Fractions of a
day are rounded up to
the cost of a full day.
Extra-duty Police Services; Lieutenant; Hourly Rate $45.00 Per hour Per extra-duty police
services agreement.
Applies to police
services hired for
private events.
Extra-duty Police Services; Sergeant; Hourly Rate $40.00 Per hour Per extra-duty police
services agreement.
- Applies to police
services hired for
private events.
Extra-duty Police Services; Officer; Hourly Rate $35.00 Per hour Per extra-duty police
services agreement.
Applies to police
services hired for
private events.
Extra-duty Police Services; Dispatcher; Hourly Rate $30.00 Per hour Per extra-duty police
services agreement.
Applies to police
serviced hired for
private events.
Extra-duty Police Services; Surcharge for 72 Hours or Less See note Per hour Fee is $10.00 per hour
Advance Notice of Need for Police Services for each type of police
worker in addition to
established hourly
rates. Per extra-duty
police services
agreement. Applies to
police services hired
for private events.
Extra-duty Police Services; Police Vehicles; Per Vehicle Daily $50.00 Per day Per extra-duty police
Rate services agreement.
Applies to police
services hired for
private events.
TECHNOLOGY SERVICES
Change in Existin Street Name $177.00 Per street
Addresses Required to be Changed Due to Change in Street $48.00 Per address
Name
Change in Existin Residential Street Address/Number $62.00 Per address
Chan a in Existing Commercial Street Address/Number $62.00 Per address
Street Name Change Appeal $177.00 Per appeal
Address Number Chan e A eal $177.00 Per a eal
EXHIBIT A OF MARANA RESOLUTION NO. 2010-45
Regular Council Meeting -May 4, 2010 -Page 82 of 109 page 20 of 24
TOWN OF MARANA
COMPREHENSIVE FEE SCHEDULE
EFFECTIVE JULY 1.2010
Fee/Descri tion Amount Unit of Measure Notes
Standard Printed or Plotted Map; 8.5" x 11" Color $1.00 Per sheet
Standard Printed or Plotted Map; 11" x 17" Color $3.00 Per sheet
Standard Printed or Plotted Map; 24" x 36" Color $10.00 Per sheet
Standard Printed or Plotted Map; 48" x 36" Color $15.00 Per sheet
UTILITIES
Water Meter Monthly Base Rate; 5/8" x 3/4" Meter $15.12 Per meter
Water Meter Monthly Base Rate; 1" Fire Meter $15.12 Per meter Rate also applies to
single family
residences that could
have been served by a
5/8" x 3/4" meter but
for fire suppression
facilities that make the
larger meter
necessary.
Water Meter Monthly Base Rate ; 1" Meter $36.72 Per meter
Water Meter Monthly Base Rate; 1.5" Meter $39.96 Per meter
Water Meter Monthly Base Rate; 2" Meter $46.44 Per meter
Water Meter Monthly Base Rate; 3" Meter $62.64 Per meter
Water Meter Monthly Base Rate; 4" Meter $110.16 Per meter
Water Meter Monthly Base Rate; 5" Meter $164.16 Per meter
Water Meter Monthly Base Rate: 6" Meter $218.16 Per meter
Water Meter Monthly Base Rate; Standpipe $0.00 Per meter
_ __
Standpipe Setup Fee $35.00 Per standpipe
Water Use Charge; Standpipe/Hydrant Meters (Billed Monthly) $3.24 Per 1,000 gallons Hydrant meter
minimum monthly fee
is $65.00.
Water Use Charge; Multi-family, Commercial, Industrial, $2.86 Per 1,000 gallons
Government and Irrigation Uses (Monthly)
Water Use Charge; Single Family Residences, Consumption $2.32 Per 1,000 gallons
between 0 and 10,000 gallons (Monthly)
Water Use Charge; Single Family Residences, Consumption $3.24 Per 1,000 gallons
between 10,001 and 20,000 gallons (Monthly)
Water Use Charge; Single Family Residences, Consumption $4.21 Per 1,000 gallons
between 20,001 and 30,000 allons (Monthly)
Water Use Charge; Single Family Residences, Consumption $5.18 Per 1,000 gallons
between 30,001 and 40,000 gallons (Monthly)
Water Use Charge; Single Family Residences, Consumption over $7.45 Per 1,000 gallons
40,000 gallons (Monthly)
Groundwater Resource/Acquisition Fee $0.30 Per 1,000 gallons
Water Meter Refundable Deposit; 5/8" x 3/4" Meter $130.00 Per meter Rate also applies to
single family
residences that could
have been served by a
5/8" x 3/4" meter but
for fire suppression ,
facilities that make the
larger meter
necessa .
EXHIBIT A OF MARANA RESOLUTION NO. 2010-45
Regular Council Meeting -May 4, 2010 -Page 83 of 109 Page 21 of 24
TOWN OF MARANA
COMPREHENSIVE FEE SCHEDULE
EFFECTIVE JULY 1.2010
Fee/Descri tion Amount Unit of Measure Notes
Water Meter Refundable Deposit; 1" Meter $337.50 Per meter
Water Meter Refundable Deposit; 1.5" Meter $650.00 Per meter
Water Meter Refundable Deposit; 2" Meter $1,040.00 Per meter
Water Meter Refundable Deposit; 3" Meter $1,950.00 Per meter
Water Meter Refundable Deposit; 4" Meter $3,250.00 Per meter
Water Meter Refundable Deposit; 6" Meter ~ $6,500.00 Per meter
Water Meter Refundable Deposit; Residential Bulk Meter $50.00 Per meter
Water Meter Refundable Deposit; Commercial Bulk Meter $100.00 Per meter
Water Meter Refundable Deposit; Hydrant_Meter $1,300.00 Per meter
Water Meter Refundable Deposit; Floatin Meter $750.00 Per meter
H drant Setup Fee $225.00 Per hydrant
New Water Meter; 5/8" Meter $360.00 Per meter
New Water Meter; 3/4" Meter $400.00 Per meter
New Water Meter; 1" Meter $460.00 Per meter
New Water Meter; 1.5" Meter $920.00 Per meter
New Water Meter; 2" Meter $1,840.00 Per meter
New Water Meter; 3" Meter $3,080.00 Per meter
New Water Meter; 4" Meter $4,800.00 Per meter
New Water Meter; 6" Meter $8,660.00 Per-meter
Water Meter Installation Return Trip Charge $55.00 Per return trip
Water New Service Establishment Fee $90.00 Per customer Applies to new
accounts established
between the hours of
9:00 AM and 4:00 PM,
Monday through
Friday, with 24 hours
notice. Does not apply
to holidays.
Water After-hours New Service Establishment Fee $100.00 Per customer
Water Reconnect Fee $105.00 Per customer Customer must also
make the account
current on payments.
Same conditions apply
as with new service
establishment fee.
Water Reconnect Fee; Additional Fee for Violation $250.00 Per violation Applies if violation is
not corrected within
twenty-four hours. Fee
is in addition to any
other applicable
reconnection fees.
Water After-hours Reconnect Fee $160.00 Per customer
Customer-requested Meter Re-read $35.00 Per re-read Fee is refundable if
meter is found to be
inaccurate, defined as
an error of greater than
3%.
EXHIBIT A OF MARANA RESOLUTION NO. 2010-45
Regular Council Meeting -May 4, 2010 -Page 84 of 109 Page 22 of 24
TOWN OF MARANA
COMPREHENSIVE FEE SCHEDULE
EFFECTIVE JULY 1.2010
Fee/Descri tion Amount Unit of Measure Notes
Water Unpaid Bill Outside Collections Fee See note Per customer Fee for an unpaid
water bill being sent to
an outside collections
agency is the returned
check fee plus 25% of
total unpaid bill.
Customer-requested Meter Test $110.00 Per test Fee is refundable if
meter is found to be
inaccurate, defined as
an error of greater than
3%.
Hydrant Meter Relocation $120.00 Per hydrant
Standpipe Card Replacement Fee $10.00 Per standpipe
Vacation Service Fee $14.00 Per service
Wastewater Monthly Service Fee $6.82 Per customer Effective on day Town
takes over operation of
wastewater system
from Pima County.
Wastewater Volume Charge $2.25 Per 1,000 gallons Effective on day Town
takes over operation of
wastewater system
from Pima County.
Wastewater Service Security Deposit $125.00 Per customer Effective on day Town
takes over operation of
wastewater system
from Pima County.
Wastewater New Service Establishment Fee $35.00 Per customer Effective on day Town
takes over operation of
wastewater system
from Pima County.
Hydraulic Modeling Review $1,500.00 Per submittal Fees may be higher
depending on size of
development and time
needed to review.
Water Service Area Inclusion Fee; Unsubdivided Land $500.00 Per acre or
fraction of an acre
Water Service Area Inclusion Fee; Property with Recorded $200.00 Per platted
Subdivision Plat subdivision lot
Miscellaneous Backflow Prevention and Cross-Connection Permit $80.00 Per permit Applies to any
Fee backflow prevention
and cross-connection-
related permit not
covered under another
fee.
Form APermit -Marana Water; Base Fee $100.00 Per submittal
Form APermit -Marana Water; Construction Cost Fee See note Per submittal Fee is the greater of
$1,000 or 2.5% of the
construction cost.
EXHIBIT A OF MARANA RESOLUTION NO. 2010-45
Regular Council Meeting -May 4, 2010 -Page 85 of 109 page 23 of 24
TOWN OF MARANA
COMPREHENSIVE FEE SCHEDULE
EFFECTIVE JULY 1.2010
Fee/Descri tion Amount Unit of Measure Notes
Form APermit - Marana Water; Violation Fee See note Per violation Fee is double the
ermitfee.
EXHIBIT A OF MARANA RESOLUTION NO. 2010-45
Regular Council Meeting -May 4, 2010 -Page 86 of 109 Page 24 of 24
Mission: Metropolitan Pima Alliance is dedicated to improving the
quality of life and economic viability of metropolitan Pima County.
MPA will strive to create dialogue among diverse groups to
promote sound community planning solutions.
April 14, 2010
Mayor and Council
Town of Marana
1 1555 West Civic Center Drive
Marana, Arizona 85653
RE: Town of Marana Development Service Pees Increase
Dear Mr. Mayor:
Metropolitan Pima Alliance represents thousands of individuals in various development sectors
including, but not exclusive to, planning, engineering, and banking from both the residential
and commercial sectors. As such, Town staff met with our organization to discuss potential fee
increases that could affect our membership. After MPA stated a few concerns, staff was
receptive to the issues we identified, and modifications were made to the drafted fee
schedule, based on stakeholder input. We appreciate the time staff took in looking at different
ways to become cost efficient while not unnecessarily burdening the private-sector in this
situation.
For this reason, MPA supports the development service fee changes being suggested.
Please feel free to contact me with any questions or concerns at 520-360-4806 or at
Amber@MPAAZ.or
Sincerely,
*il
Amber Smith
Governmental Relations Director
Y
1'.C~~, ~l i t~t.4~a~t;, <=~.1 ~~7f':? y 1~?~t2~'>1_I~~ .:e.?. ~<3~;t.c,~=5
Regular Council Meeting -May 4, 2010 -Page 87 of 109
~~~`~
~~~~H
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
COUNCIL CHAMBERS, May 4, 2010, 7:00:00 PM
To: Mayor and Council Item A 4
From: Frank Cassidy ,Town Attorney
Strategic Plan Focus Area:
Commerce
Subject: Resolution No. 2010-46: Relating to Water; approving and authorizing the Mayor to
execute an amendment to and extension of the intergovernmental agreement between
the City of Tucson and the Town of Marana regarding Tucson Water service area
within the town limits of the Town of Marana
Discussion:
The Town of Marana and the City of Tucson entered into a December 13, 2000
intergovernmental agreement regarding Tucson water service within the Marana town boundaries
(the "2000 IGA"). At the time, the parties were negotiating Marana's proposed purchase of
Tucson Water accounts located inside town limits. The 2000 IGA required Marana to provide
water resources to offset water usage from new water connections to the Tucson Water system
located within the Marana town limits but outside contractually-obligated Dove Mountain and
Continental Ranch service areas. The 2000 IGA had afive-year term which ended on
December 13, 2005. Marana has transferred long-term water storage credits to Tucson to
compensate for the water usage from the water connections Tucson Water made during the five-
year term of the 2000 IGA.
From the December 2005 termination of the 2000 IGA until mid-2007, Tucson Water continued
to make connections to the Tucson Water system within the town limits of Marana, with the
expectation that the 2000 IGA would be extended. In 2007, Tucson Water began rejecting certain
new water service requests, apparently as a result of a new Tucson policy restricting the
expansion of Tucson Water's water resource obligations outside the city limits of Tucson.
Outside contractually-obligated service areas, Tucson Water is now declining all new
connections to its system within Marana town limits.
Arizona law requires a municipal water company to serve new customers within its established
service area -- infill areas already served by existing waterlines. But a municipal .water company
is not required to extend its service area. Private water companies that are regulated by the
Arizona Corporation Commission have clearly mapped service area boundaries. But municipal
water companies' water service areas are not as easy to determine. If Tucson Water declines
service, an affected property owner's only recourse is to seek a court determination that the
affected property is in Tucson Water's established service area.
Several areas of Marana that are well-suited for development are located near, but clearly
Regular Council Meeting -May 4, 2010 -Page 88 of 109
outside, the Tucson Water service area. In many cases, these areas are also far away from
existing Marana water lines. Tucson is willing to work toward a "wheeling" agreement with
Marana to serve fringe areas outside of Tucson Water's established service area if Marana will
retroactively extend the 2000 IGA and continue to provide water resources for Tucson Water
connections made since the 2000 IGA went into effect.
The proposed IGA extension presented by this item proposes to extend the 2000 IGA for seven
years, retroactive to the December 2005 termination date of the 2000 Original IGA, to give the
parties sufficient time to negotiate one or more new long-term IGAs addressing the various
outstanding water issues that have arisen between Marana and Tucson over the years. These
issues include, among other things, (1) the terms of continued water service by Tucson in its
established water service area within the Marana town limits but outside the contractually-
obligated service areas, (2) the "wheeling" of water from Tucson to Marana in areas proximate to
but outside Tucson's established water service area and within the Marana town limits,
(3) effluent ownership based on potable source-water deliveries, (4) a utility franchise for
Tucson's continued use of public rights-of-way within Marana, addressing coordination and
financial obligations to relocate Tucson water facilities to accommodate the construction of
public improvements, and (5) the terms for transferring from Tucson to Marana ownership of the
water infrastructure serving the Sunset Ranch Estates area.
If the proposed IGA extension is approved, Tucson Water will again provide new water service
to infill areas within the Marana town limits until the extension's December 13, 2012
termination. The intervening 18 months will be used to negotiate one or more new long-term
IGAs addressing the issues explained above.
If the proposed IGA extension is rejected, Marana landowners and businesses who believe they
are within the established Tucson Water service area but have been refused service will either
need to sue Tucson for service or find another water provider who is willing to serve them. Areas
that are determined to be outside Tucson Water's service area will either be required to extend
Marana's water lines to serve their properties or will need to wait until the natural growth of
Marana's service area reaches their properties.
Financial Impact:
If the proposed IGA extension is approved, Marana will be required to transfer an estimated 900
acre-feet of long-term water storage credits to Tucson to offset water usage from new water
connections to the Tucson Water system for calendar years 2006 through 2009. Future long-term
water storage credit transfers will be required to cover usage for calendar years 2010, 2011, and
2012. Based on the historic trend, which shows a typical increased usage of 33 acre-feet over the
previous year, staffs current projection is that these future transfers will be approximately 311,
344, and 377 acre-feet, respectively. The current market value of water storage credits is
somewhere between $138 per acre-foot (the current market value of effluent credits) and $377
per acre-foot (the current price charged by the Central Arizona Groundwater Replenishment
District).
ATTACHMENTS:
Name: Description: Type:
~ Reso re Tucson Water
service IGA Extension Reso Approving Tucson Water Service IGA Amendment Resolution
(00020784). DOG
O Tucson-Marana IGA
__
Service_Area Amendment Exh A to Reso: Tucson Water Service IGA Amendment Exhibit
(00005200 4).DOG
Staff Recommendation:
Regular Council Meeting -May 4, 2010 -Page 89 of 109
Staff recommends approval of the proposed IGA extension, to minimize water service disruption
to Marana businesses and residences and to avoid the resulting negative economic impacts of the
disruption.
Commission Recommendation - if applicable:
The proposed IGA extension has not been presented to the Utilities Citizen's Advisory
Commission for its recommendation. The proposed IGA extension was not yet available when
the CAC last met on April 13.
Suggested Motion:
I move to adopt Resolution No. 2010-46, approving and authorizing the Mayor to execute the
extension of the 2000 Tucson Water service area IGA.
Regular Council Meeting -May 4, 2010 -Page 90 of 109
MARANA RESOLUTION N0.2010-46
RELATING TO WATER; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE
AN AMENDMENT TO AND EXTENSION OF THE INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF TUCSON AND THE TOWN OF MARANA
REGARDING TUCSON WATER SERVICE AREA WITHIN THE TOWN LIMITS OF THE
TOWN OF MARANA
WHEREAS the City of Tucson and the Town of Marana entered into an
intergovernmental agreement regarding Tucson water service within the Marana town boundaries
recorded in the Pima County Recorder's office on December 13, 2000 at Docket 11444, Page
1792 (the "Original IGA"); and
WHEREAS, among other things, the Original IGA set forth the terms for .Tucson to
provide New Water Service within the Marana town limits but outside the Dove Mountain
Service Area and the Continental Ranch Service Area; and
WHEREAS, the Original IGA had afive-year term which ended on December 13, 2005;
and
WHEREAS, the Parties now desire to extend the Original IGA for .seven years,
retroactive to the termination date of the Original IGA, in order to give the Parties sufficient time
to negotiate one or more new long-term intergovernmental agreements addressing, among other
things, (1) the terms of continued water service by Tucson to Tucson customers within the
Marana town limits but outside the Dove Mountain Service Area and the Continental Ranch
Service Area, (2) the "wheeling" of water from Tucson infrastructure to Marana customers in
areas proximate to but outside Tucson's established water service area and within the Marana
town limits, (3) effluent ownership based on potable source-water deliveries to customers within
the Town of Marana, (4) a utility franchise for Tucson's continued use of public rights-of--way
within Marana, addressing coordination and financial obligations to relocate Tucson water
facilities to accommodate the construction of public improvements, and (5) the terms for
transferring from Tucson to Marana ownership of the water infrastructure serving the Sunset
Ranch Estates area; and
WHEREAS the Town Council finds that the proposed extension is in the best interests of
the Town and its residents and landowners.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. The "Amendment to and Extension of Intergovernmental Agreement
between the City of Tucson and the Town of Marana regarding Tucson Water Service Area
within the Town Limits of the Town of Marana" attached as Exhibit A to and incorporated by
Regulq~~~~~~~~~~oM~~,~010 -Page 91 of 109 _ 1 - {00020784.DOC /}
this reference in this resolution is hereby approved, and the Mayor is hereby authorized to
execute it for and on behalf of the Town of Marana.
SECTION 2. The Town's Manager and staff are hereby directed and authorized to
undertake all other and further tasks required or beneficial to carry out the terms, obligations, and
objectives of the intergovernmental agreement.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 4t" day of May, 2010.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Regull~~i~~~ ~,~010 -Page 92 of 109 _ 2 - {00020784.DOC /}
AMENDMENT TO AND EXTENSION OF
INTERGOVERNMENTAL AGREEMENT BETWEEN
THE CITY OF TUCSON AND THE TOWN OF MARANA
REGARDING TUCSON WATER SERVICE AREA WITHIN
THE TOWN LIMITS OF THE TOWN OF MARANA
This amendment (this "Amendment") is entered into by and between the CITY of
TucsoN, an Arizona municipal corporation ("Tucson") and the Towle of 1VIARANA, an Arizona
municipal corporation ("Marana"). Tucson and Marana are collectively referred to as the
"Parties," either one of which is sometimes individually referred to as a "Party."
RECITALS
A. The Parties entered into an intergovernmental agreement regarding Tucson water
service within the Marana town boundaries recorded in the Pima County Recorder's office on
December 13, 2000 at Docket 11444, Page 1792 (the "Original IGA").
B. Among other things, the Original IGA set forth the terms for Tucson to provide New
Water Service within the Marana town limits but outside the Dove Mountain Service Area and
the Continental Ranch Service Area.
C. The Original IGA had afive-year term which ended on December 13, 2005.
D. The Parties now desire to extend the Original IGA for seven years, retroactive to the
termination date of the Original IGA, in order to give the Parties sufficient time to negotiate one
or more new long-term intergovernmental agreements addressing, among other things, (1) the
terms of continued water service by Tucson to Tucson customers within the Marana town limits
but outside the Dove Mountain Service Area and the Continental Ranch Service Area, (2) the
"wheeling" of water from Tucson infrastructure to Marana customers in areas proximate to but
outside Tucson's established water service area and within the Marana town limits, (3) effluent
ownership based on potable source-water deliveries to customers within the Town of Marana,
(4) a utility franchise for Tucson's continued use of public rights-of--way within Marana,
addressing coordination and financial obligations to relocate Tucson water facilities to
accommodate the construction of public improvements, and (5) the terms for transferring from
Tucson to Marana ownership of the water infrastructure serving the Sunset Ranch Estates area.
E. This Amendment is an intergovernmental agreement under A.R.S. § 11-952.
AGREEMENT
Now, TxEItEFOxE, in consideration of the promises and the mutual obligations contained
in this Amendment, the Parties hereby agree as follows:
1. Retroactive Extension of the Original IGA. The Original IGA is hereby retroactively
extended for a period of seven years from the December 13, 2005 termination date of the
Original IGA to December 13, 2012.
Regul~6~~lj ~~iY~$} May 4, 2010 -Page 93 of 109 _ 1 - 4/27/2010 4:53 PM
2. Effect on Valuation of Water System. Should there be an appraisal of any portion of
Tucson's water system within Marana, the parties agree that the appraisal shall exclude the value
of any New Water Service connections accomplished by the installation of a water meter only on
or after the effective date of this Amendment. New Water Service connections that will have also
required line extensions shall be included in the appraisal.
3. Negotiation of Long-Term Agreements. The Parties shall negotiate in good faith to
reach one or more long-term agreements addressing water resource, service, delivery, and
ownership issues, including, but not limited to, those issues addressed in recital D above.
4. Effect of this Amendment. Terms in this Amendment shall be defined as set forth in the
Original IGA, and except as specifically modified by this Amendment, the terms of the Original
IGA shall remain in full force and effect.
IN WITNESS wxEl~oF, the Parties have executed this Amendment as of the last signature
date below, which shall be the effective date of this Amendment.
TOWN OF MARANA, CITY OF TUCSON,
an Arizona municipal corporation an Arizona municipal corporation
By:
Ed Honea, Mayor
Date:
ATTEST:
Date:
ATTEST:
Town Clerk City Clerk
By:
Robert Walkup, Mayor
ATTORNEY CERTIFICATION
The undersigned attorneys for the City of Tucson and the Town of Marana have determined,
each as to their respective client only, that this intergovernmental agreement is in proper form
and is within the powers and authority granted under Arizona law to the City of Tucson and the
Town of Marana.
City Attorney
Town Attorney
Regul~6~}~~'I I~~tiy~~}- May 4, 2010 -Page 94 of 109 _ 2 - 4/27/2010 4:53 PM
,~+ 'i~3
~~~
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
COUNCIL CHAMBERS, May 4, 2010, 7:00:00 PM
To: Mayor and Council Item A 5
From: Frank Cassidy ,Town Attorney
Strategic Plan Focus Area:
Not Applicable
Subject: Resolution No. 2010-47: Relating to Public Works; approving and authorizing the
Mayor to execute a Canal Undergrounding Agreement with Cortaro-Marana Irrigation
District/~Cortaro Water Users Association
Discussion:
Construction of the Marana Mortuary & Cemetery is ready to begin. Access to the
Mortuary/Cemetery site crosses the Cortaro-Marana Irrigation District/Cortaro Water Users
Association irrigation canal that runs parallel to the north side of Barnett Road. As a result,
CMID/CWUA is requiring the developer to obtain a permit, and will not issue it unless and until
the Town gives reliable assurance that the canal will be undergrounded with the Barnett Linear
Park & Flood Control Channel project. Although the Council Communication accompanying the
January 6, 2009 agenda item for the Marana Mortuary & Cemetery Development Agreement
indicates that the Town anticipates undergrounding the canal with the Barnett Channel project,
the Town has taken no formal action committing itself to undergrounding the canal.
CMID/CWUA has requested a formal agreement to remedy this, and has requested that risk of
injury be shifted to the Town for the existence of an open canal in these areas until the
undergrounding occurs.
While preparing the agreement to satisfy CMID/CWUA's concerns, Town staff realized that the
same circumstances apply to the Marana Health Center property. To avoid having to address this
same issue a second time later, the CMID/CWUA canal undergrounding agreement has been
drafted to address the portions of the canal adjacent to both the Marana Mortuary & Cemetery
development and the Marana Health Center development.
Undergrounding the CMID/CWUA irrigation canal as part of the Barnett Channel project will
accommodate a wider, more park-like design. If the portions of the irrigation canal located
adjacent to the Marana Municipal Complex and Ora Mae Harn Park are also undergrounded as
part of the Barnett Channel project, these park areas can be linked together into a signature
Marana recreational amenity.
Financial Impact:
The total design and construction cost to underground the CMID/CWUA canal adjacent to the
Marana Mortuary & Cemetery development and the Marana Health Center development is
Regular Council Meeting -May 4, 2010 -Page 95 of 109
estimated at approximately $250,000. If the undergrounding occurs as part of a larger canal
undergrounding element of the overall Barnett Channel project, the cost of undergrounding these
two segments as a portion of the larger project could be lower.
ATTACHMENTS:
Name: Description: Type:
~ Reso. re Barnett Channel
CMID Undergrounding Agt Reso Approving CMID/CWUA Canal Undergrounding Agt Resolution
(00020823. DOC
~ Barnett Channel CMID
Canal Undergrounding. Exh A to Reso: Canal Undergrounding Agt Exhibit
Agreement (00020816-2),_DOC
Staff Recommendation:
Staff recommends adoption of Resolution No. 2010-47.
Suggested Motion:
I move to adopt Resolution No. 2010-47, approving and authorizing the Mayor to execute the
CMID/CWUA Canal Undergrounding Agreement.
Regular Council Meeting -May 4, 2010 -Page 96 of 109
MARANA RESOLUTION N0.2010-47
RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR TO
EXECUTE A CANAL UNDERGROUNDING AGREEMENT WITH CORTARO-MARANA
IRRIGATION DISTRICT/CORTARO WATER USERS ASSOCIATION
WHEREAS the Town plans to construct a public works project called the Barnett Linear
Park & Flood Control Channel UPRR to Santa Cruz River, Town project number 2003-016 (the
"Barnett Channel project"), consisting of a combined flood control facility and linear park
generally following the alignment of existing Barnett Road; and
WHEREAS the Cortaro-Marana Irrigation District/Cortaro Water Users Association
(CMID/CWUA) desires written assurance that the CMID/CWUA irrigation canal adjacent to the
Marana Health Center and Marana Mortuary & Cemetery properties will be undergrounded at no
cost to CMID/CWUA in connection with the construction of the Barnett Channel project; and
WHEREAS the Town Council finds that the proposed Canal Undergrounding Agreement
with CMID/CWUA is in the best interests of the Town and its residents and landowners.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. The "Canal Undergrounding Agreement between the Town of Marana and
Cortaro-Marana Irrigation District/Cortaro Water Users Association" attached as Exhibit A to
and incorporated by this reference in this resolution is hereby approved, and the Mayor is hereby
authorized to execute it for and on behalf of the Town of Marana.
SECTION 2. The Town's Manager and staff are hereby directed and authorized to
undertake all other and further tasks required or beneficial to carry out the terms, obligations, and
objectives of the intergovernmental agreement.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 4th day of May, 2010.
Mayor Ed Honea
ATTEST:
APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney
Regular Council Meeting -May 4, 2010 -Page 97 of 109 ;FC 1317.DOC /}
CANAL UNDERGROUNDING AGREEMENT BETWEEN THE
TOWN OF MARANA AND CORTARO-MARANA IRRIGATION DISTRICT
CORTARO WATER USERS ASSOCIATION
This CANAL UNDERGROUNDING AGREEMENT (this "Agreerrlent") is entered into by and
between the TOWN OF MARANA, an Arizona municipal corporation, (the "Town"); CORTARO-
MAItAIVA IRRIGATION DISTRICT, Pima County, Arizona, a political subdivision of the State of
Arizona ("CNIID"), and CMID~s agent, the CORTARO WATER USERS ASSOCIATION, an Arizona
corporation ("CWUA"). CMID and CWUA are referred to collectivelyas "CNIID/CWUA" and the
Town and CMID/CWUA are collectively referred to as the "Parties," either one of which is
individually referred to as a 'Party."
RECITALS
A. The Town plans to construct a public works project called the Barnett Linear Park & Flood
Control Channel UPRR to Santa Cruz River, Town project number 2003-016 (the "Barnett Channel
project"), consisting of a combined flood control facility and linear park generally following the
aligritnent of existing Barnett Road
B. Paragraph 08.03.11 of the Town's Land Development Code provides, and at all times since
October 1991 has provided, in relevant part:
Before a permit can be issued for development or doubling the enterprise
density of parcels or lots with an irrigation channel, ditch or line either within
the parcel or lot or adjacent thereto within perimeter easemants or the
nearest 1/z of a street or alley right of way, such irrigation facilities shall be
unctiergrounded in accordance with a plan and schedule acceptable and
agreed upon by the Town Engineer, the subdivider and the owner of the
irrigation facilities. Such undergrounding shall be done in accordance with
Town Standards.
C. On June 17, 2008, the Town entered into the "Marana Health Center Development
Agreement; 'recorded in the Pima County Recorder's office on July 2, 2008 at Docket 13340, Page
20 (the "NHC DA"), addressing certain development requirements for the constnlction of a health
center on the parcel of properly located at the northwest comer of Barnett Road and Civic Center
Drive in Marana.
D. On January 6, 2009, the Town entered into the "Marana Cemetery Development
Agreemexit; 'recorded in the Pima County Recorder's office on January 15, 2009 at Docket 13475,
Page 184 (the "Cemetery DA"), addressing certain development regtrirerr~ents for the constnaction
of a cemetery on the parcel of properly located at the northwest corner of Barnett Road and the
Tangerile Farms Road alignment in Marana
E. The properties which were the subject of both the MHC DA and the Cemetery DA are
located immediately north of the Barrvelt Cllaruzel project, and the Subject CMID/CWUA Irrigation
Canal is located along their southern borders, just north of existing Barnett Road
F. CNIID /CWUA was not a party to either the. NHC DA or the Cemetery DA.
Regul~~l~eti~~}- May 4, 2010 -Page 98 of 109 _ 1 - 5/3/201010:00 AMFJC
G. Paragraph 2.5 of the MbIC DA and paragraph 3.6 of the Cemetery DA provide as follows:
CNIID Channel. Any undergrounding or modification of the CNIID channel
that lies between the properly and the fish-ire Barnett Channel shall occur at
no cost to [the Developer]. This paragraph does not create an affirmative
Town obligation to modify or underground the CNIID clmannel.
H. The Council Communication memoranda enclosed as part of the ]Vlarana Town Council's
agenda packages for the MHC DA and Cemetery DA agenda items provided as follows:
[The Developer] will not be required to underground the Cortaro Marana
Irrigation District chal>izel located along the north sick of Barnett Road and
along the south side of the [development project] site. If the channel is -
required to be undergrounded, the Town will be responsible for those costs
in connection with the Barnett Channel project.
I. The Town believes that the public's interests are best advanced by mLnimi~ina development
costs of quasi-public uses (such as a health center and a cemetery) and by avoiding possible
duplication of costs associated with unforeseen inconsistency between undergroLmding the Subject
CMID/CWUA Irrigation Canal at the time of properly development and then possibly having to
relocate the unclergrounded canal to accommodate the Barnett C}matmtmel project.
J. C1V1[D/CWUA desires written assurance that the Subject CNIID/CWUA Irrigation Canal
will be undergrounded at no cost to CNIID/CWUA in connection with the construction of the
Barnett Channel project before it will issue permits authorizing development work in the vicinity of
the Subject C1VffD/CWUA Irrigation Canal..
AGREEMENT
Now, TxE1zEFOrtE, in consideration of the foregoing premises and the mutual covenants set
forth in this Agreement, the Parties hereby agree as follows:
1. Taun Unarding ~' the Subjert CMID/ CWUA Irrigztion Canal. When the Barnett Channel
project is constructed, the Town shall underground the Subject CNIID/CWUA Irrigation Canal at
no cost to CM[D/CWUA
2. Definition of the "Snbjed CMID/CWUA Irrigation Canal. For purposes of this Agreement, the
term the "Subject CMID/CWUA Imgation Canal" means the main CNIID/CWUA irrigation canal
located adjacent to c~urently-e~dsting Barnett Road and adjacent to (a) the property which is th,e
subject of the MHC DA and (b) the property which is the subject of the Cemetery DA. Nothing in
this paragraph shall preclude the Town from extending the undergrounding beyond the reaches
described in the preceding sentence. The "Subject CMID/CWUA Irrigation Canal" does not include
any irrigation canals that distribute imgation water from the main CMID/CWUA irrigation canal to
individual properties.
3. CMID/CWUA Perrrdts. In reliance on the Town's perforniance of its obligations under this
Agreement, and subject to the permit applicant's submission of all CMID/CWUA standard and
typical documents and fees, CNIID/CWUA will issue permits authorizing development work in the
vicinity of the Subject CNIID/CWUA Irrigation Canal and on the properties which are the subject
of the MbIC DA and the Cemetery DA, without first requiring the Subject CNIID/CWUA Irrigation
Canal to be underground,ed.
4. Risk ~ Injun~ From the effective date of this Agreement until the Subject CNIID/CWUA
Irrigation Canal is undergrounded, the Town shall be liable for and shall indemnify and hold
harmless CNIID/CWUA for any injury at the Subject CNIID/CWUA Irrigation Canal that would
Regul~~~l~ti~~}- May 4, 2010 -Page 99 of 109 _ 2 - 5/3/201010:00 AMFJC
not have been sustained or vwuld not have occun~ed if the Subject CNIID/CWUA Irrigation Canal
had been undergrounded CMID/CWUA shall be listed as an additional insured on the Town s
general liability insurance policy for purposes of this paragraph
5. Counterparts. This Agreement maybe executed in multiple counterparts, each of which shall,
for all purposes, be deemed an original and all of which, taken together, shall constitute one and the
same agreerr>ent.
6. Cancdatian for Cor~lict. This Agreement is subject to A.R.S. ~ 38-511, which provides for
cancellation of contracts in certain instances involving conflicts of interest.
7. Signature Authoritt~ Each Party represents and warrants to the other Party that the person
executing this Agreerrlent on its behalf is authorized to execute this Agreerrlent on the Party`s behalf,
and each intends that its representations and warranties be relied upon
DATED this dayof May, 2010.
TOWN OF MARANA, CORTARO-MARANA IRRIGATION DISTRICT,
an Arizona municipal corporation apolitical subdivision of the State of Arizona
(the "T'own') ("CM[D")
By.
Ed Honea, Mayer
Date:
ATTEST:
Jocelyn C. Bronsory Clerk
President
[Print Namel
Date:
CORTARO WATERUSERSASSOCIATION,
an Arizona corporation ("CWUA")
[Print Nacre
President
The foregoing agreerr~ent has been reviewed pursuant to A.R.S. ~ 11-952 by legal counsel for the
Parties, who have determined that it is in proper form and is within the powers and authority
granted under the laws of the State of Arizona to those Parties to the agreerrlent represented by the
undersigned.
Marana Town Attorney
Attomeyfor CNIID/CWUA
Regul~~I~ti~~i-May 4, 2010 -Page 100 of 109 _ 3 _ 5/3/201010:00 AMFJC
~~~~
~~~~
~-^~.~ ~~
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
COUNCIL CHAMBERS, May 4, 2010, 7:00:00 PM
To: Mayor and Council
From: Steve Huffman ,Intergovernmental Affairs Administrator
Strategic Plan Focus Area:
Not Applicable
Item D 1
Subject: L,egislative/Intergovernmental Report: Discussion/Direction/Action regarding all
pending state and federal legislation and report on recent meetings of other legislative
bodies
Discussion:
This item is scheduled for each regular council meeting in order to provide an opportunity for
discussion of any legislative or regional intergovernmental item that might arise. Periodically, an
oral report may be given to supplement the Legislative Bulletins.
ATTACHMENTS:
Name: Description: Type:
~ 2010_ Legislative Bulletin
15,pdf Legislative Bulletin # 15 Backup Material
~ 2010 Legislative Bulletn_#
16.pdf Legislative Bulletin # 16 Backup Material
Staff Recommendation:
Upon the request of Council, staff will be pleased to provide recommendations on specific
legislative/intergovernmental issues.
Suggested Motion:
Mayor and Council's pleasure.
Regular Council Meeting -May 4, 2010 -Page 101 of 109
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ISSUE 15 -APRIL 16, 2010
~ _ i ~3~ 11"~ ~ifi ~ ' ~'
Vote Expected Next Week on Residential Tax Bill
Next week we expect the House to bring to the floor a bill that we are completely opposed to: Senate III 1239 city
sales tax; residential rental. This bill requires cities or towns to send to the ballot any sales tax increase that
includes the residential rental classification of the Model City Tax code. No other local sales tax classification has
such a requirement.
(`all your state representatives and ask them to Vote NO on this billll
Besides the inherent unfairness of one industry group -the landlords -carving out special rules for themselves, this
bill also sets a bad precedent that we're sure other groups will certainly try to take advantage of. What's next -will
the contractors, the hotels and the retailers want the same preferential treatment? What's the point of an elected
city council if our most important function -taxation - is required to go to the ballot each time a change is needed?
This bill handcuffs the cities' and towns' tax code during very tough economic times. It creates an inherent unfairness
for one industry and makes the local tax code more complicated. Call our re resentatives and ask them to vote no
on SB 1239.
GPLET Reform Efforts Continue
Once again the League and several cities and towns have undertaken the arduous task of negotiating reform to the
government property lease excise tax (GPLET) statutes. In previous years, hours of tense negotiations resulted in
deals crumbling in the waning hours of session. So it was with much trepidation that we started working this year on
House III 2504 GPLET,• leas' recordsand reporting, sponsored by Rlepresentative FSck Murphy (R-gendale).
Most of the issues we have been grappling with remain in play: the size and scope of the central business district,
the applicable tax rates, notice provisions before a GPLET lease is entered into and the length of the term of the
lease. The reason why these issues cannot be resolved comes down to two competing philosophies. The League
argues that GPLET is an important economic development tool, the main tenets of which should remain viable. The
contrary viewpoint, put forth mainly by the Arizona Tax Research Association (ATRA), claims that GPLET was never
meant as an economic development tool, and it creates tax inequities and should be mostly eliminated.
Despite our stark differences, the two organizations and a host of other stakeholders continue to meet and work out
our issues. We are hopeful we get a final product this year that satisfies everyone enough to put this issue to rest for
good.
Regular Council Meeting -May 4, 2010 -Page 102 of 109
HB2282 S/E: political subdivisions; government transparency
On Thursday, House Bill 2282 political subdivisions, government transparency, was heard in the Senate Committee
of the Whole (COW). The bill requires that any political subdivision with a population greater than 2,500 people
must make budget and expenditure items accessible online, no later than January 1, 2013.
Senator Jay Tibshraeny (FFChandler) sponsored a floor amendment, which struck the language that would have
required a political subdivision to cross-link expenditures associated with contracts or subcontracts with the
contract's actual language. The bill now states that electronic versions of contracts must be made available that
relate to expenditures. The amendment denotes it is the Legislature's intent that when technology becomes readily
available, transparency websites will provide users the ability to cross-link expenditures with the actual language of
the contract or subcontract. This bill is slated for a Third Read vote in the Senate in the near future. If approved by
the Senate, the bill as amended must go back to the House for a final vote.
The League remains neutral on the issue and is grateful to Representative Steve Montenegro (R-Litchfield Park)
for working with cities and towns and accommodating our concerns.
House Bill 2250 Arizona Jobs Recovery Act
House Bill 2250 Arizona Jobs l~covery Act, sponsored by Speaker IGrk Adams (R-Mesa), creates tax incentives for
business and restructures the Enterprise Zone Program currently overseen by the Arizona Department of Commerce.
The Act was heard in a special meeting of the Senate Finance Committee on Monday, where it was amended to
address on-going discussions between Leadership.
The primary focus of the bill from a local government perspective is on income tax and property tax. The corporate
income tax rate is reduced from 6.9% to 5% over five years, beginning in Tax Year 2011. In addition, the class one
property tax assessment ratio is reduced to 16% for secondary property tax purposes, beginning January 2012, but
only applying to prospective bond authorizations and override elections held after January 2012. The state
equalization tax rate is reduced by 25% annually, beginning in Tax Year 2012, and will phase out in Tax Year 2016..
Another major highlight of the bill involves the delayed sunset of the Enterprise Zone Program by five years, with
the program slated to end July 2016. The bill will grandfather existing enterprise agreements, yet defines the
boundaries of the new Arizona Enterprise Development Program (AEDP) to encompass the entire state. The 60 plus-
page bill is an extensive and complex read, which continues to outline in detail the new requirements of the AEDP
including: qualifying activities; reporting and evaluation; violations and program timelines.
The League has been closely monitoring this bill in light of its tax implications in a depressed economy. The League
appreciates the effort to diversify Arizona's economy and the resulting hoped-for positive effects on local and state
tax collections. We will continue to work with economic development staff in member cities and legislative
members to thoroughly understand the intended result of this bill.
Senate Bill 1070 immigration; law enforcement; safe neighborhoods
Senate Bill 1070 immigration; law enforcement; safe neighborhoods, sponsored by Senator Russell Pearce (R-
Mesa), was amended by Representative Andy Biggs (R-t;flbert) on the House floor before passing out of that
Chamber this week. The Senate must confirm the House changes before sending the bill to the Governors desk for
action.
The bill as amended still requires law enforcement personnel to make a "reasonable attempt" to determine the
immigration status of a person and confirm immigration status upon arrest. The League has opposed this mandate
Regular Council Meeting -May 4, 2010 -Page 103 of 109
because local law enforcement already coordinates immigration activities with the federal Department of Homeland
Security (DHS). The bill as amended also enables a judge to award costs and attorney fees to the prevailing party,
not just the plaintiff. This provision is intended to reduce frivolous lawsuits.
Representative Ru~Jones(R-Yuma) had a floor amendment that the League supported. However he did not offer
it as Senator Pearce apparently agreed to incorporate Representative Jones' concerns onto a separate bill. The
Jones language, among other things, would cut the range of daily fines imposed on local governments that violate
this new proposed law. We will continue to advocate for Representative Jones' changes.
National League of Cities Alert: Collective Bargaining
The NLC is asking municipal officials to call their Congressional members and urge them to oppose the passage of
53194 and H.R413, regarding mandatory Public Safety Collective Bargaining.
Majority Leader Harry Reid (D•Nevada) is the sponsor of 53194, which is being procedurally fast-tracked to a floor
vote. The House is scheduled to vote after the Senate on H.R413, which is rumored to contain identical language
as the Senate Bill. President Obama is anticipated to sign the bill if it reaches his desk.
This bill grants all state and local public safety personnel the right to organize a labor union. The bill also requires
municipalities to recognize the unions and negotiate employment matters accordingly. If a state, county, city or
town already has a labor negation process, their administrative policies must conform to federal law.
The NLC is opposing the Public Safety Employer-Employee Cooperation Act because of its infringement on local
authority. Since the National Labor Relations Act of 1934, the federal government has permitted state and local
governments to manage collective bargaining. Approximately 35 states and the District of Columbia recognize
unions; decisions otherwise in the remaining states have been directed by policy-makers based on public input. It is
important to note that most municipalities operate within a civil service system, designed by law to provide
individuals with employment wages and benefits based on their profession and seniority, not mass negotiations.
The bill would significantly change the rules for Arizona, which has aright-to-work provision in the State
Constitution.
Please contact your Congressional member either in Washington D.C. or their local office and let them know you
oppose this legislation.
THE WE~~Y 9~'~TLIGHT
l~presentative Tom Chabin (D-Flagstaff)
Representative Tom Chabin of Flagstaff is a native of Hutchinson, Kansas, and has
been a resident of the vast Legislative District Two for 37 years. He graduated from
Northern Arizona University in American Studies in 1976. He was first appointed to the
Legislature by the Coconino County Board of Supervisors after Representative Ann
Kirkpatrick resigned from the Legislature to run for Arizona's 1st Congressional
District. He took the oath of office in September 2007. He was elected in his own
right in 2008.
Mr. Chabin served two terms on the Coconino County Board of Supervisors, seven
years on the Coconino County Planning and Zoning Commission and three years on the
Tuba City Public School Board. Civic activities include coaching little league baseball
and serving as a board member to numerous commissions, youth, church and
Regular Council Meeting -May 4, 2010 -Page 104 of 109
community organizations. He and his late wife were licensed foster parents for six
years.
The Representative is a widower to the late Delia Fernandez Chabin who was born in Douglas, Arizona, and taught
20 years at Moenkopi Day School in Tuba City. He has one son, 17-year-old Rodrigo Santiago Chabin, who attends
school in New Mexico.
Mr. Chabin is the Ranking Member of the House Ways and Means Committee and a member of the Government
Committee. His legislative interests include tax law, education, the environment and mental health issues.
What is your long range vision for Arizona?
My vision is an Arizona that is engaged to understand the real and compelling issues confronting us. We need to be
engaged to understand the tools we need to expand and nurture the businesses and industry now in Arizona. We
need to understand the tools we need to mitigate the effect of the heat island centered in Phoenix. We need to be
engaged to understand how accessible education can be used to assist us achieve our effective confrontation of our
issues.
This is the hard work and if we do it in partnership with local government, we will serve Arizona well.
What are your short term goals for this session?
Honestly, my goal has been to stop very bad bills. With respect to the cities, I have worked to keep the Legislature
from repealing city taxing and impact fee authority. In addition, I fought against the bills intended to zone a
property in Yuma, regulate traffic signals in Tucson, and strip local signage authority for "political" signs everywhere
in Arizona---all local issues that should be never settled at the Legislature.
If you could guarantee one piece of legislation would pass, what would it be?
It would be comprehensive. It would define the role of the state, the counties and the cities.
Most importantly, it would liberate the cities and counties to govern. That would include the certain broad taxing
authorities so that cops and firefighters will not be laid off---so that they can be hired to protect all of us, and
reasonable impact fees can be implemented, so that our citizens today do not have to pay for the impact of growth.
How can the state government and local governments be better partners?
The state should first and foremost, recognize that the cities are partners. I sometimes sense that there is little
legislative interest in understanding the nature of a charter government--the basic authority the cities have. I know
the cities are most willing to work with the state on the fiscal crisis we share. But when the Legislature fails to see
that we are partners---and by stark contrast, focuses on legislation that compels the cities to go to the courts we
then have the formula for failing every citizen in Arizona.
What's the best book you've read recently?Why would you recommend it?
I have not read a book in a year. All legislators have been involved in a very long and intense series of Sessions since
January'09. I have not had the time for reading or golf. I need to change that.
Thank you for your time.
You are most welcome.
Legislativel3dletin is published by the League of Arizona Cities and Towns.
Forward your comments or suggestions to leagueC~azleague.org.
Regular Council Meeting -May 4, 2010 -Page 105 of 109
Page 1 of 4
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ISSUE 16 -APRIL 23, 2010
Session Update
The Second Regular Session of the Arizona State Legislature reached its 100th day this week. In the past, the
Legislature adjourned after 100 days to tend to the demands of its agricultural heritage. More recently, sessions
have continued past this benchmark, but by parliamentary procedure, formal action must be taken to extend
legislative activities. Other procedural deadlines reached this week include the assignment of conference
committees in the House.
Thus far, 1,233 bills have been introduced this session and 184 have been passed by the Legislature and transmitted
to the Governor. Of those, three bills have been vetoed and 95 have been signed. Once a bill reaches the Governors
desk she may sign the bill into law, veto the bill, or allow the bill to become law without her signature. Unless
otherwise stated in the bill, the general effective date for enacted legislation is ninety (90) days after the
Legislature adjourns. This years general effective date has yet to be determined because the Legislature has not
adjourned sine die.
The following is a list of enactment highlights as of April 23, 2010. A formal New Laws Report will be issued by the
League shortly after the session concludes.
• H62062 aggravated assault; peace officers
HB2068 retirement; EOFD° omnibus amendments
H62110 state library and archives amendments -vetoed
HB2211 political subdivisions volunteers- noxious weed
• HB2389 retirement; A9~ plan design; refunds
H62423 municipal and county budgets
H62491 city elections,- majority vote
• 561267 ballot measures; numbering system -vetoed
Senate Bill 1239 city sales tax; residential rental
Next week the League expects the House to bring to the floor a bill that we are completely opposed to: Senate III
1239 city sales tax; residential rental. This bill requires cities or towns to send to the ballot any sales tax increase
that includes the residential rental classification of the Model City Tax Code.
Cities impose a sales tax on those engaged in the business of renting residential properties because Landlords and
their Tenants use arguably MORE city services than other businesses! Yet, SB1239 carves out a special requirement
Regular Council Meeting -May 4, 2010 -Page 106 of 109
Page 2 of 4
for landlords, when no other local sales tax classification has such a requirement. This bill hijacks city tax codes and
creates real inequity amongst the businesses that pay sales taxes in the cities. It also handcuffs the cities' ability to
adjust their tax codes during a time of real economic crisis.
DO NOT let one industry -the Landlords - create a special process for themselves at the expense of ALL the other
.businesses that pay sales taxes!
Call your state representatives and ask them to Vote IUD on this Senate Q~l/ 1239!
Senate Bill 1070 immigration; law enforcement; safe neighborhoods
On Monday, the Senate approved the amendments made in the House to Senate Bill 1070 immigration; law
enforcement; safe neighborhoods and sent the bill to the Governor's desk for action. The League opposes this bill,
as local governments already closely work with the federal government on immigration matters and because of the
effect the bill would have on local law enforcement resources.
During the voting process on SB1070 in the House last week, there was a promise among legislators to amend
provisions in SB1070 via another bill. Discussions on possible amendments continued between House and Senate
members this week. On Thursday the Senate did adopt two amendments to House III 2162 immigration; border
security, that addressed some of the League's concerns on two matters.
The first amendment, by SB1070'ssponsor Senator Russell Pearce (R-Mesa), made a couple of the changes that he
had promised to House members in exchange for their vote on that bill. The second amendment by Senator John
Nelson (R -Litchfield Park) addressed some of our concerns from House Bill 2008 of the Third Special Session
related to public benefits and lawful presence. HB2162 now goes to Third Read in the Senate. If it passes there, it
will return to the House where the sponsor, Representative Warde Nichols (R -Albert) will have to decide if he
accepts the changes or not.
The Governor signed SB1070 on Friday afternoon.
House Bill 2450 water and wastewater charges; payments
House Bill 2450 water and wastewater charges payments sponsored by Senator Frank Mtenori (R-Tucson), has
been the focus of much discussion this session between municipalities and. real estate interest groups. The bill as it
stands, prohibits a municipality from requiring anyone other than the person contracted for services, to pay for
delinquent utility services accessed on a residential property of four units or less. It also prevents a municipality
from refusing service to anyone other than the person contracted for services whose account balance is not kept
current.
Senator Mtenori has proven to be a willing listener, as interest groups express their various concerns about the
issues this bill raises. Discussions continued this week to accommodate the multi-family housing lobby, who
expressed concern for the length of time it takes municipalities to shut off utility services for delinquent accounts,
yet the short amount of time it takes for municipalities request payment for the delinquent account from the home
owner. Senator Mtenori is seeking a floor amendment that would appeal to both sides of this issue within the
remaining days of session.
Government Transparency
The bill making new requirements for transparency on all levels of government will advance to a conference
committee next week. House Bill 2282 political subdivisions government transparency sponsored by
Representative Steve Montenegro (R-Litchfield Park) requires the state, counties, community college districts,
Regular Council Meeting -May 4, 2010 -Page 107 of 109
Page 3 of 4
universities, school districts and cities with populations of 2500 or more to make available online expenditures over
$5,000 and contracts associated with those contracts. The state government, through the Department of
Administration (DOA), must comply with these and other requirements by the end of the year. All other levels of
government are not required to comply until 2013.
All stakeholders on HB2282 agree that all of the concepts contained in the bill are a work in progress. The actual
direction government transparency in Arizona will take is largely dependent on how the state performs its online
functions. If the state cannot feasibly and with reasonable use of resources construct and maintain an online
transparency system, HB2282 will be reexamined. The League is grateful to fiiepresentative Nbntenego for
working with us throughout the process and look forward to continuing this dialogue.
THE WEEM.Y 5a'~TLIGHT
~nator Jay Tibshraeny (R - C~andl er)
A perennial League Champion, Senator Jay Tibshraeny has a wealth of experience in
local government as he served on the Chandler City Council for many years and was
the Mayor of that city for an unprecedented four terms. In fact, he was the youngest
mayor ever elected there.
Senator Tibshraeny is a native of Chandler, and graduated from Chandler High School.
He has a Bachelor of Science degree in Accounting from Arizona State University. He
and his wife Karen have a daughter, Lauren Noel Rose.
His professional and civic activities have included the National Conference of State
Legislators, the Chandler Friends of the Library, the Chandler Historical Society, the
Child Crisis Center Advisory Board and the League of Arizona Cities and Towns
Executive Committee. His current legislative duties include being the Chair of the
Government Institutions Committee and Vice Chair of the Commerce and Economic Development Committee.
As Senator Tibshraeny is termed out of the Legislature, we asked him to reflect back on his time at the Capitol.
What will you miss about being in the Legislature?
I will miss the people I have had the opportunity to meet and work with the past eight years. The Legislators, staff
and even lobbyists have made this a great experience for me.
What has been your most positive experience?
The most positive experience has been being able to be a voice for my constituents at the Capitol and helping
ensure that they were represented to the best of my ability.
If you could change something about the legislative process, what would it be?
I wish that more citizens could participate in the process. Unfortunately, it is difficult for them to come to hearings
during the day. I would like to see committee meetings in the early evening to afford all citizens ample access to
their government dealings and hearings.
Db you have advice for someone thinking about running for the Legislature?
We need interested citizens to run for the State Legislature. It is difficult for working people to run because it
conflicts with their work schedule, however, these are the very people who are critical to the process. People can
make a difference and sometimes must sacrifice personally so that they can be a Legislator and help move our state
forward.
Regular Council Meeting -May 4, 2010 -Page 108 of 109
Page 4 of 4
Thank you for your time.
Thank you.
Legislative Rdletin is published by the League of Arizona Cities and Towns.
Forward your comments or suggestions to leagueC~azleague.org.
Regular Council Meeting -May 4, 2010 -Page 109 of 109
PUBLIC WORKS WEEK 2010
PROCLAMATION
WHEREAS public works services provided in our community are an integral
part of the lives of our citizens and enhance the daily quality of their lives; and
WHEREAS state and local governments are responsible for, and must design,
build, operate and maintain the transportation, water supply, public buildings, and
other structures and facilities essential to serving our citizens; and
WHEREAS the support of understanding and informed citizens is vital to the
efficient operation of public works systems and programs such as water, sewers,
streets and highways, and public buildings; and
WHEREAS the health, safety and comfort of this community greatly depends on
these facilities and services; and
WHEREAS the quality and effectiveness of these facilities, as well as their
planning, design, and construction, is vitally dependent upon the efforts and skill of
public works professionals; and
WHEREAS the efficiency of the qualified and dedicated personnel who staff
public works departments is materially influenced by people's attitudes and
understanding of the importance of the work they perform,
NOW THEREFORE the Mayor and Council of the Town of Marana proclaim
Moy 16-22, 2010
NA nONAL PUBLIC WORKS WEEK
in the Town of Marana and call upon all citizens and civic organizations to acquaint
themselves with the issues involved in supporting public works and to recognize the
contributions which public works professionals make to provide the infrastructure required
to sustain the comfort, health, and well-being to support the community's quality of life.
Dated this 4th day of May, 2010
~ ~~
Mayor Ed Honea
ATTEST:
ocelyn .Bronson, Town Clerk