HomeMy WebLinkAbout05/18/2010 Council Agenda Packetr
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REGULAR COUNCIL MEETING
NOTICE AND AGENDA
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, May 18, 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.
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Meeting 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.
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agenda items, you must fill out a speaker card (located in the lobby outside the Council Chambers) and
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observe the Council Rules, as well as the rules of politeness, propriety, decorum and good conduct.
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Regular Council Meeting -May 18, 2010 -Page 1 of 38
special services are available upon prior request to the Town Clerk at least 10 working days prior to
the Council meeting.
A e~ ndas
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 17, 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
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
the Consent agenda, and that issue will be discussed and voted upon separately, immediately
following the Consent agenda.
C 1: Resolution No. 2010-47: Relating to Development; approving and authorizing
Regular Council. Meeting -May 18, 2010 -Page 2 of 38
the Mayor to execute the First Amendment to Real Estate Exchange and
Development Agreement with Arizona Pavilions Development, Inc. and Ranch
Holdings L.L.C. (Frank Cassidy)
C 2: Minutes of the May 4, 2010 special council meeting
LIQUOR LICENSES
BOARDS, COMMISSIONS AND COMMITTEES
COUNCIL ACTION
A 1: Ordinance No. 2010.08: Relating to Annexation; annexing into the corporate
limits of the Town of Marana that territory know as the Avra Valley Road-Kai
Annexation being an area containing approximately 1,200 acres of land located
predominantly north of Avra Valley Road, approximately one mile east of Trico
Road and southwest of Silverbell Road including the adjacent rights-of-way of Avra
Valley Road (Kevin Kish)
A 2: Resolution No. 2010-48: Relating to Streets; approving and authorizing the
renaming of a segment of Camino de Mariana and a segment of Tortolita Road to
"Twin Peaks Road" (Keith Brann)
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 (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. CV2008-00 1 1 3 1, (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
Regular Council Meeting -May 18, 2010 -Page 3 of 38
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 18, 2010 -Page 4 of 38
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
COUNCIL CHAMBERS, May 18, 2010, 7:00:00 PM
To: Mayor and Council Item C 1
From: Frank Cassidy ,Town Attorney
Strategic Plan Focus Area:
Commerce
Subject: Resolution No. 2010-47: Relating to Development; approving and authorizing the
Mayor to execute the First Amendment to Real Estate Exchange and
Development Agreement with Arizona Pavilions Development, Inc. and Ranch
Holdings L.L.C.
Discussion:
In 2000, Ranch Holdings gave the Town 23.25 acres of land east of the intersection of Silverbell
and Cortaro Roads for use as a park. The gift deed for the park included a restriction that the
property be used only for public recreational purposes. In December 2003, the Town entered into
a Real Estate Exchange and Development Agreement with Arizona Pavilions Development and
Ranch Holdings (the Owner) to modify the park restriction to accommodate the construction of a
public library and to allow the property to be used for most governmental purposes and for
commercial purposes related to parks and recreation. The 2003 agreement also reconfigured the
park land, the library parcel, and the Owner's remaining development parcels.
In recognition that the Owner was about to construct substantial public infrastructure that would
support the proposed library and park and the Owner's commercial properties adjacent to the
library and park parcels, the 2003 agreement provided for reimbursement to the Owner of all of
the construction sales taxes collected from the development located near the infrastructure for a
period of ten years or until half of the Owner's infrastructure design and construction costs were
reimbursed, whichever occurred first.
Since the 2003 agreement, the Owner spent over $1.8M for the design and construction of the
public improvements, and is entitled to a total reimbursement of $911,736.18 under the 2003
agreement. However, due to the serious and unexpected economic downturn, the Town has paid
the Owner only $97,000 in construction sales tax reimbursements under the 2003 agreement and,
due to the completion of the Wheeler Taft Abbett Sr. Public Library and Crossroads Park, has
received almost all of the benefit of the construction.
The Owner has asked the Town to extend the reimbursement for an additional ten years, to allow
for a possible economic recovery and a more likely reimbursement of half of the public
infrastructure design and construction costs expended by the Owner. In consideration for the
extension, the Town has asked the Owner to split the construction sales tax proceeds with the
Town over the reimbursement period, so that the Town will not need to wait until the Owner's
Regular Council Meeting -May 18, 2010 -Page 5 of 38
entire share of reimbursement is made before receiving any construction sales tax from the area
in question.
Financial Impact:
This amendment does not change the total reimbursement set forth in the 2003 agreement.
However, without this amendment, the Owner would receive reimbursement of all of the Town's
construction sales taxes until $911,736.18 is paid or unti12013. Given the current economy, the
Owner would likely not receive its full reimbursement under the original agreement. On the other
hand, the Town would get no construction sales tax from the area in question until 2014.
ATTACHMENTS:
Name: Description:
Type:
^ Reso__re_Amendment to_Az
Pavilions R.eimburs..e...ment DA Reso Approving Az Pavilions Reimbursement DA Amendment Resolution
(FC1318}.D.O..C..
^ AGT Az Pavilions RE
Exch DA Amendment Exh A to Reso: Az Pavilions Reimbursement DA Amendment Exhibit
(0002100...8}_.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
First Amendment to Real Estate Exchange and Development Agreement with Arizona Pavilions
Development and Ranch Holdings.
Regular Council Meeting -May 18, 2010 -Page 6 of 38
MARANA RESOLUTION N0.2010-47
RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING THE MAYOR TO
EXECUTE THE FIRST AMENDMENT TO REAL ESTATE EXCHANGE AND
DEVELOPMENT AGREEMENT WITH ARIZONA PAVILIONS DEVELOPMENT, INC.
AND RANCH HOLDINGS L.L.C.
WHEREAS the Town entered into a REAL ESTATE EXCHANGE AND DEVELOPMENT
AGREEMENT with Arizona Pavilions Development, Inc. and Ranch Holdings L.L.C. (collectively
the "Owner") effective December 16, 2003, recorded in the office of the Pima County Recorder
on December 19, 2003 at Docket 12201, Page 4073 (the "Original DA"); and
WHEREAS Paragraph 7 of the Original DA provided for reimbursement of certain
Owner-constructed public improvement costs out of Town-collected transaction privilege (sales)
taxes from construction activities from within the "Construction Tax Reimbursement Area" (as
that term is defined in the Original DA); and
WHEREAS now that the Owner has completed construction of the public infrastructure
and reimbursements have begun, the Town and the Owner desire to confirm the amounts owed,
paid, and yet to be paid under the Original DA to avoid misunderstandings; and
WHEREAS the Town and the Owner desire to modify certain terms of the Original DA
for the mutual benefit of the Parties and to carry out the Parties' intent in entering into the
Original DA to reflect changes in market conditions and projections in the intervening period
since the effective date of the Original DA; and
WHEREAS the Town Council finds that the proposed amendment is in the best interests
of the Town and its residents.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. The First Amendment to Real. Estate Exchange and
Development Agreement with Arizona Pavilions Development, Inc. and Ranch Holdings L.L.C.
attached as Exhibit A to and incorporated by this reference in this resolution 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 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 agreement.
Reguly~~~~~~~~~gz018, 2010 -Page 7 of 38 - _ 1 _
{FCI318.DOC /}
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 18~' day of May, 2010.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Regulq~~~~~~~gL0~~18, 2010 -Page 8 of 38 _ 2 - {FC1318.DOC /}
FIR5T AMENDMENT TO REAL ESTATE EXCHANGE AND
DEVELOPMENT AGREEMENT
Town of Marana, Arizona
THIS FIRST AMENDMENT TO REAL ESTATE EXCHANGE AND DEVELOPMENT AGREEMENT (this
"Amendment") is made and entered into by and between THE TowN of MARANA, an Arizona
municipal corporation (the "Town"), ARIZONA PAVILIONS DEVELOPMENT, INC., an Arizona corpo-
ration ("Arizona Pavilions") and RANCH HOLDINGS L.L.C., an Arizona limited liability company
("Ranch Holdings"). Arizona Pavilions and Ranch Holdings are referred to collectively as the
"Owner." The Town, Arizona Pavilions and Ranch Holdings are sometimes collectively referred
to as the "Parties," any one of which is sometimes individually referred to as a "Party."
RECITALS
A. The Parties entered into a REAL ESTATE EXCHANGE AND DEVELOPMENT AGREEMENT ef-
fective December 16, 2003, recorded in the office of the Pima County Recorder on Decem-
ber 19, 2003 at Docket 12201, Page 4073 (the "Original DA").
B. Paragraph 7 of the Original DA provided for reimbursement of certain Owner-
constructed public improvement costs out of Town-collected transaction privilege (sales) taxes
from construction activities from within the "Construction Tax Reimbursement Area" (as that
term is defined in the Original DA).
C. Now that the Owner has completed construction of the public infrastructure and reim-
bursements have begun, the Parties desire to confirm the amounts owed, paid, and yet to be
paid under the Original DA to avoid misunderstandings among the Parties.
D. Based on changes in market conditions and projections in the intervening period since
the effective date of the Original DA, the Parties desire to modify certain terms of the Origi-
nal DA for the mutual benefit of the Parties and to carry out the Parties' intent in entering into
the Original DA.
AGREEMENT
Now, TxEREFORE, in consideration of the foregoing premises and the mutual covenants set
forth in this Amendment, the Parties hereby agree as follows:
1. Total Cost of Design and Construction. The Owner's actual cost for the design and con-
struction of the public infrastructure referenced in paragraph 6 of the Original DA is
$1,823,472.37.
2. Total Amount Eligible for Reimbursement. The total amount eligible for reimbursement
pursuant to paragraph 7 of the Original DA is $911,736.18, which is half of the cost set forth in
paragraph 1 above.
{00021008.DOC /} 5/7/2010 5:28 PM
FIRST AMENDMENT TO REAL ESTATE EXCHANGE & DEVELOPMENT AGREEMENT
Regular Council Meeting -May 18, 2010 -Page 9 of 38 _ 1 _
3. Total Amount Already Reimbursed. Through the date of this Amendment, the Town has re-
imbursed the Owner $97,000.00.
4. Amendment to Paragraph 7 of Original DA. Paragraph 7 of the Original DA is hereby
amended as follows:
(A) Percentage Reimbursement. From and after the effective date of this Amendment,
only half of the Construction Sales Tax revenues generated as a result of the construction of
Construction Sales Tax-generating activities occurring on the property identified as the "Con-
struction Tax Reimbursement Area" on Exhibit H to the Original DA and received by the
Town shall be reimbursed to the Owner. The other half shall be retained by the Town.
(B) Period of Reimbursement. The reimbursement provided for in paragraph 7 of the
Original DA, as amended by this Amendment, shall be reimbursed to the Owner until De-
cember 16, 2023 or until an additional $814,736.18 is paid, whichever occurs first. Decem-
ber 16, 2023 is the twentieth anniversary of the Original DA. The additional amount to be
paid is the difference between the $911,736.18 total amount eligible for reimbursement (see
paragraph 2 above) and the $97,000.00 already paid (see paragraph 3 above)
5. Effect of Amendment. Except as expressly modified by this Amendment, the terms of the
Original DA shall remain in full force and effect.
6. Change of Town's Notice Address. The Town's notice address set forth in paragraph 11 of
the Original DA is hereby changed to:
TOWN OF MARANA
11555 W. Civic Center Drive
Marana, Arizona 85653-7006
(520) 382-1999
Fax (520) 382-1998
7. Conflict of Interest. This Amendment is subject to A.R.S. § 38-511, which provides for
cancellation of contracts in certain instances involving conflicts of interest.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.]
{00021008.DOC /} 5/7/2010 5:28 PM
FIRST AMENDMENT TO REAL ESTATE EXCIIANGE & DEVELOPMENT AGREEMENT
Regular Council Meeting -May 18, 2010 -Page 10 of 38 _ 2
IN WITNESS WHEREOF, the Parties have executed this Amendment as of the last date set forth
below their respective signatures.
TowN:
THE TOWN of MARANA, an Arizona
municipal corporation
OWNER:
RANCH HOLDINGS L.L.C., an Arizona
limited liability company ("Ranch
Holdings")
By:
Ed Honea, Mayor
Date:
ATTEST:
Jocelyn C. Bronson, Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
STATE OF ARIZONA )
SS
County of Pima )
By:
Robert G. Sarver, Managing Partner
Date:
ARIZONA PAVILIONS DEVELOPMENT, INC., an
Arizona corporation ("Arizona Pavilions")
By:
Mark Schlossberg, President
Date:
The foregoing instrument was acknowledged before me on by Robert G.
Sarver, Managing Partner of RANCH HOLDINGS L.L.C., an Arizona limited liability company, on
behalf of the L.L.C.
My commission expires:
Notary Public
STATE OF ARIZONA )
SS
County of Pima )
The foregoing instrument was acknowledged before me on by Mark
Schlossberg, President of ARIZONA PAVILIONS DEVELOPMENT, INC., an Arizona corporation, on
behalf of the corporation.
My commission expires:
Notary Public
{00021008.DOC /} 5/7/2010 5:28 PM
FIRST AMENDMENT TO REAL ESTATE EXCHANGE & DEVELOPMENT AGREEMENT
Regular Council Meeting -May 18, 2010 -Page 11 of 38 _ 3 _
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I~IARANA-
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11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
COUNCIL CHAMBERS, May 18, 2010, 7:00:00 PM
To: Mayor and Council Item A 1
From: Kevin Kish ,General Manager Development Services
Strategic Plan Focus Area:
Commerce
Subject: Ordinance No. 2010.08: Relating to Annexation; annexing into the corporate limits of
the Town of Marana that territory know as the Avra Valley Road-Kai Annexation
being an area containing approximately 1,200 acres of land located
predominantly north of Avra Valley Road, approximately one mile east of Trico Road
and southwest of Silverbell Road including the adjacent rights-of-way of Avra Valley
Road
Discussion:
This annexation of approximately 1,200 acres is located within Pima County, generally located
predominantly north of Avra Valley Road, approximately one-mile east of Trico Road and
southwest of Silverbell Road within a portion of Sections 7 and 8 of Township 12 South, Range
11 East and Sections 1, 12 and 13 of Township 12 South, Range 10 East.
This proposed annexation area is within the planning boundaries of the General Plan. This
annexation includes approximately 1.5 miles of Avra Valley Road and a bridge over the east
branch of the Brawley Wash. The Town of Marana's Major Routes Plan relocates Avra Valley
Road approximately one-quarter mile to the south, east of this annexation area and will place all
of the Avra Valley with-of--way within the Town of Marana's jurisdiction.
All notification requirements have been properly complied with for this annexation as set forth in
A.R.S. § 9-471. The blank annexation petition was recorded with the Pima County Recorder's
Office on March 16, 2010. The Town Council conducted a public hearing for this annexation on
Apri16, 2010. The signed annexation petitions were recorded with the Pima County Recorder's
office.
The Town has received signed petitions representing over 50°Io of the property owners and over
50% of the real and personal property value. The property is currently zoned by Pima County as
RH (Rural Homestead), which is a residential zone with a minimum lot size of 180,000 square
feet. In order to establish Town of Marana zoning that equates to existing Pima County zoning
without allowing densities greater than those permitted under the current zoning, the annexation
area zoning will translate to Town of Marana RD-180 (Single-family Residential 180,000 square
feet minimum lot size).
Arizona Revised Statutes require the Council to approve a plan, policy or procedure that will
Regular Council Meeting -May 18, 2010 -Page 12 of 38
provide the annexed territory with appropriate levels of infrastructure and services to serve the
new development within ten years of the annexation becoming final. Currently the properties
have the ability to access gas and electricity. This area is currently being served by private wells
for water.
ATTACHMENTS:
Name:
Description:
Type:
Ordinance
^ Avra_Valley_Road_Ka Annexation Ordnance.DO..C... Avra Valley Raad Kai Annexation Ordinance
^ Signed._Annexaton Petitons.pdf Signed Annexation Petitions
^ Location_.map Staff regional view,pdf Location Map
Staff Recommendation:
Exhibit
Backup Material
Staff recommends adoption of Ordinance No. 2010.08, approving the approximately 1,200
acre Avra Valley Road-Kai annexation.
Suggested Motion:
I move to adopt Ordinance No. 2010.08, annexing into the corporate limits of the Town of
Marano the approximately 1,200 acre Avra Valley Road-Kai annexation.
Regular Council Meeting -May 18, 2010 -Page 13 of 38
MARANA ORDINANCE N0.2010.08
RELATING TO ANNEXATION; ANNEXING INTO THE CORPORATE LIMITS OF THE
TOWN OF MARANA THAT TERRITORY KNOWN AS THE AVRA VALLEY ROAD-KAI
ANNEXATION BEING AN AREA CONTAI NING APPROXIMATELY 1,200 ACRES OF LAND
LOCATED PREDONMINANTLY NORTH OF AVRA VALLEY ROAD, APPROXIMATELY
ONE MILE EAST OF TRICO ROAD AND SOUTHWEST OF SH,VERBELL ROAD INCLUDING
THE ADJACENT RIGHTS-OF-WAY OF AVRA VALLEY ROAD
WHEREAS, petitions, in writing, accompanied by a map or plot of said real property sought
to be annexed have been filed and presented to the Mayor and Council of the Town of Marana,
Arizona, signed by the owners of more than fifty percent of the value of the real and personal
property and more than fifty percent of the persons owning real and personal property that would be
subject to taxation by the Town of Marana as shown by the last assessment of said property, said
property being contiguous to the Town of Marana, and not now embraced within its limits, asking
that the property be annexed into the Town of Marana, and to extend and increase the corporate
limits of the Town of Marana so as to embrace same; and
WHEREAS, the Mayor and Council of the Town of Marana, Arizona, desire to approve the
annexation petitions and extend and increase the corporate limits of the Town of Marana to include
said territory, which is approximately 1,200 acres generally located predominantly north of Avra
Valley Road, approximately one-mile east of Trico Road and southwest of Silverbell Road,
described and illustrated in Exhibit "A", attached to and incorporated in this Ordinance by this
reference; and
WHEREAS, the Avra Valley Road-Kai annexation is an area within Sections 7 and 8 of
Township 12 South, Range 11 East and Sections 1,12 and 13 of Township 12 South, Range 10 East,
of the Gila and Salt River Base and Meridian, Pima County, Arizona; and
WHEREAS, the petitions set forth a true and correct description of all the exterior boundaries
of the entire area proposed to be annexed to the Town of Marana and had attached thereto at all times
an accurate map of the territory desired to be annexed; and
WHEREAS, no alterations increasing or reducing the territory sought to be annexed have
been made after the petition was signed by any owner of real and personal property in such territory;
and
WHEREAS, the zoning classifications on the property prior to annexation were "Pima
County Zone RH" (Rural Homestead); and
WHEREAS, in order to establish original Town of Marana zoning without permitting
densities or uses that are greater than those permitted in Pima County, the properties will translate to
the RD-180 zone (Single Family Residential) in the Town of Marana's Land Development Code; and
Regular Council Meeting -May 18, 2010 -Page 14 of 38
Marana Ordinance 2010.08
WHEREAS, the provisions of A.R.S. § 9-471, and amendments thereto, have been fully
observed; and
WHEREAS, proper and sufficient certification and proof of the foregoing facts are now on
file in the office of the Town Clerk of the Town of Marana, together with a true and correct copy of
the original petition referred to herein, which is on file in the office of the County Recorder.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana,
Arizona that:
The territory known as the Avra Valley Road-Kai annexation, described and
illustrated in Exhibit "A", is annexed into the Town of Marana and that the present
corporate limits are extended and increased to include the described area.
2. A copy of this Ordinance, including Exhibit "A" describing and illustrating the
territory hereby annexed to the Town of Marana, certified by the Mayor of the Town,
shall be forthwith filed and recorded in the office of the County Recorder of Pima
County, Arizona.
3. The zoning classification of "Pima County Zone RH" (Rural Homestead) within the
annexed area is hereby changed to "Town of Marana Zone RD-180" (Single Family
Residential).
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 18th 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 18, 2010 -Page 15 of 38
Marana Ordinance 2010.08 2
ANNEXATION PETITION
AVRA VALLEY ROAD-KAI ANNEXATION
TO THE HONORABLE MAYOR AND COUNCIL OF THE TOWN OF MARANA,
ARIZONA:
We, the undersigned, being the owners of one-half or more in value of the real and
personal property and more than one-half of the persons owning real and personal
property, as shown by the last assessment of said property by the County Assessor ar by
the Arizona Department of Revenue, which would be subject to taxation by the Tawn of
Marano in the event of annexation within the territory proposed to be annexed, which is
described in the legal description attached to and incorporated in this Petition as
Exhibit A, said territory being contiguous to the corporate limits of the Town of Marano,
with the exterior boundaries of the territory proposed to be annexed shown on the map
attached to and incorporated in this Petition as Exhibit A, request the Tawn of Marano to
annex the described territory as provided in A.R.S. § 9-471.
PROPERTY OWNER: AVRA PLANTATIONS INC
PROPERTY ADDRESS:
PROPERTY DESCRIPTION: A PORTION OF SECTION 7 T12S R11E
(or parcel number ar
legal description)
AZ STATE TAX CODE #: 21507002H
AUTHORIZED SIGNATURES(S) Date: - ~~ /
' Date: - ~~ f„"t /4
Date:
Date:
(NOTE: Each signature must be dated.)
Regular Counc~b60~1`9Q.f~~/~ 8, 2010 -Page 16 of 38
ANNEXATION PETITION
AVRA VALLEY ROAD-KAI ANNEXATION
TO THE HONORABLE MAYOR AND COUNCIL OF THE TOWN OF MARANA,
ARIZONA:
We, the undersigned, being the owners of one-half or more in value of the real and
personal property and more than one-half of the persons owning real and personal
property, as shown by the last assessment of said property by the County Assessor or by
the Arizona Department of Revenue, which would be subject to taxation by the Town of
Marana in the event of annexation within the territory proposed to be annexed, which is
described in the legal description attached to and incorporated in this Petition as
Exhibit A, said territory being contiguous to the corporate limits of the Town of Marana,
with the exterior boundaries of the territory proposed to be annexed shown on the map
attached to and incorporated in this Petition as Exhibit A, request the Town of Marana to
annex the described territory as provided in A.R.S. § 4-471.
PROPERTY OWNER: H KAI FAMILY NGI LLC
PROPERTY ADDRESS:
PROPERTY DESCRIPTION: A PORTION OF REAL PROPERTY LOCATED
IN SECTION 1 T 12S R IOE
{or parcel number or
legal description)
AZ STATE TAX CODE #: 208240010
~'S!~
AUTHORIZED SIGNATURES{S) ~s __~~~ Date:
Date:
Date:
Date:
(NOTE: Each signature must be dated.)
Regular Counc~ib~gtjgg,~@ag~18, 2010 -Page 17 of 38
ANNEXATION PETITION
AVRA VALLEY ROAD-KAI ANNEXATION
TO THE HONORABLE MAYOR AND COUNCIL OF THE TOWN OF MARANA,
ARIZONA:
We, the undersigned, being the owners of one-half ar mare in value of the real and
personal property a>.zd more than one-half of the persons awning real and personal
property, as shown by the last assessment of said property by the County Assessor or by
the Arizona Department of Revenue, which would be subject to taxation by the Tawn of
Marano in the event of annexation within the territory proposed to be annexed, which is
described in the legal description attached to and incorporated in this Petition as
Exhibit A, said territory being contiguous to the corporate limits of the Town of Marano,
with the exterior boundaries of the territory proposed to be annexed shown on the map
attached to and incorporated in this Petition as Exhibit A, request the Town of Marano to
annex the described territory as provided in A.R.S. § 9-471.
PROPERTY OWNER: UNISOURCE ENERGY CORPORATION
PROPERTY ADDRESS:
PROPERTY DESCRIPTION:
{ar parcel number or
legal description)
P.O.BOX 71 I MAIL STOP TS l0I TUCSON
AZ 85702-0000
UTILITY LINES IN ANNEXATION AREA
AZ STATE TAX CODE #: .NIA ~' ~~b $~a ~~b ~~
) t~~
AUTHORIZED SIGNATURES{S ~ ~ ~ Date: ~ '~ f?
Raymond S. Heyman, Sr. Vice Pre ident Date:
Date:
Date:
{NOTE: Each signature must be dated.)
Regular Council Meeting -May 18, 2010 -Page 18 of 38
((~003790.DOC 1)
ANNEXATION PETITION
AURA VALLEY ROAD-I~AI ANNEXATION
TO THE HONORABLE MAYOR. AND COUNCIL OF THE'I`OWN OF MARANA,
ARIZONA:
We, the undersigned, being the owners of one-half or more in value of the real and
personal property and more than one-half of the persons. owning real and personal
property, as shown by the last assessment of said property by the. County Assessor ar by
the Arizona Department. of Revenue, which would be .subject to taxation by the Town of
Marano. in the event of annexation within the territory proposed. to be annexed, which is
described in the legal description attached to and incorporated in this Petition as
Exhibit A, said territory being. contiguous to the corporate limits of the Town of Marano,
with. the exterior boundaries of the territory proposed to be annexed shown on the map
attached to and incorporated in this Petition as Exhibit A, request the Town of Marano to
annex the described territory as provided in A.R.S.. § 9-471.
PROPERTY OWNER: SOUTHWEST GAS CORPORATION
PROPERTY ADDRESS:
PROPERTY DESCRIPTION:.
(or parcel number or
legal description}
3401. E.GAS ROAD TL.TCSON AZ 85716
UTILITY LINES IN ANNEXATION AREA.
AZ STATE TAX CODE #:
AUTHORIZED SIGNATURES(S)
(NOTE: Each signature must. be dated.)
Regular Coun~f~~l3{~aN} 18, 2010 -Page 19 of 38
~YT.3 S".Y ~ E us
PROPOSER ANNEXATION TO THE TOWN OF MARANA
Aft that certain real property situate in the Gounty of Pima, State of Arizona, located in
Sections 7 and 18 of Township 12 South, Range 11 East, and Sectians 1, 12 and 13 of
Township 12 South, Range 10 East Gila and Salt River Meridian;
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
13eglnning at the northeast corner of the south half of said Section 7, marked by 2-inch diameter open pipe;
Thence from said POINT OF BEGINNING, southerly along the east line of the south half of said Section 7,
S 00°.l4' 25" F, ?_6A4. TS feet to the southeast corner thereof;
Thea~ce leaving said southeast corner, southerly along the east line of the northeast quarter of said Section 18,
S 00° 35' ~i 3" c, 40.00 feet to a point on the south right-of-way line of AVRA VALLEY ROAD, described
in Book 6 of Road Maps at Page 53 thereof, records of said Pima County, marked by an aluminum capped
rebar bearing registration number RLS 26932;
Page 1 of 3
March 9, 2010
Regular Council Meeting -May 18, 2010 -Page 20 of 38
+eaving said east iir~e, westerly along the south ~ig~fao~-tr~~ay iin~ of paid AVRA VA~~.~Y Rt3AD,
~~~ ~ t13_=~~. 39~~.~~ °~eet to the northeast ccrnsr of the widening of said right-of-way, described in
C~ocket 55'17 at Page 136 thereof, records of said k~irna County, on the east kint; of Government Lest `[,
marked by an aluminum cap}~d rebar bearing regis~'atErsn number RLS 26932;
~:~ issuing said northeast corner, southerly along the east line of said Lot 1, ~~ ~~' ~~ , 2~.Ct9 feet to the
southeast cornesr of said recorded widening, marked by an aluminum rapped rebar bearing registration
number RLS 26932;
r:~~ leaving said southeast corner, westerly along the south line of said recorded widening, S l39°,2~~' ~~~,i~1~,,
i~27,~~ fleet tp a point of curve, marked by an aluminum capped rebar bearing registration number
RLS Z~i932;
~. leaving said point of curtre, westerly along the arc of a tangent curve to the left, having a radius of 9 367.27
felt and a central angle of ~~° ,3'~~ ~3~, =t~~.27 fec~Y tc~ the st~uthwest corner of said recorded widening on the
west line of said Lot r, marBced b~, an aluminum capped rebar bearing registration number RLS 26932;
~. c~~ leaving southwest corner, st~uthsriy along the west line of said Lot 'I, common with the east line of the
southeast quarter of said Section 12, S 4(?° ~ ~' 9~~ E, ~€~3.~c°? feet fo the southeast corner thereof, marked by
an a 3-inch diameter capped pigs;
r, leaving the southeast corner of said Section 12, westerly along the south line of the southeast quarter
thereof, ~ ~9~~2~ ~~~` ', 36~. ~ 3 feet to a point an the south right-of-way line of said AVRA VALLEY RC~,~D,
marked by an aluri~inum capped rebar bearing registraiton number RLS 26332,
°~~~ leaving said south line, westerly along tE7e south right-of--way tine of said AVRA VALLEY RGAD on the arc
of anon-tangent curve to the right, from which said point, the radius point thereof bears northwesterly,
,~~ `;~°~a~' ~3" ~~iF ~~ ~r.2£s Q~: distant, through a central angle Of;lu~~' ~i'.,' ~~" =~~s'.~~ ~~r;"G tQ a pOlnt Of
tangency, marked by an aluminum capped rebar blaring registration number RLS 26932;
. ~: testing mid porst Qf tangsrc}, t~~stc~ty~ among the ss:r€~ 4ir~e of mid AV~tA V,#LL~~ ~al~d,
~~ S9~ ~' ~'i" , 37.99 Test to a point thsrean, marked by an ataminum capped rebar bearing
registration number RLS 26932;
}saving said south right-of-way line, northerly and perpendicular, ~~ 3Ct~° ~~' ~k~" °s~~ 3,~~ ~~~ sous to a point on the
north right-of-way fine of said ~0.Vf2A VALLEY ROAt?, marked by a #-4 rebar with rsc~~stration tag i~LS 3025;
~~: leaving said north right~of way lies, northerly, _t?O~ ~2' ~~° ~~, ~27`,.2ti test to point on the south line of said
Section 1, marked by an alumina€m capped rebar hearing registration number RLS 26932;
~. westerly along the south lies cf said Section 1, ~, ~~° ~~' d" ~~', b~2~ ~ `~ #~~~ to the southwest corner
thereof, marked by an aluminum capped rebar bearing registration number RLS 26932;
'her ~ : leaving said southwest corner, northerly aEting the ~~~est line of the souti3wei3t quarter at said Section 1,
~ ~~?° >;~' ~~r V~1, ? a~%. i.1 ~fe~i to the northwest corner thereof (west quarter corner), rs~arked by a General
Land Qf~Sce brass capped pips;
leaving said west csuarker corner, northerly along t4~e west line of the northwest quarter of seed Section ~ ,
~i ~~~,~ ;~ ^~`:'~~ ~~3 r~~ to the southwest corner of Government Lr~t 4, marked by an aluminum capped
rebar bearing regi~-ation r<umbr:r RLS 7599;
i ~ .~ ____ _ , ..~_~ ~ . ~ __ _ ~.__ .._.~,
March 9, 2010
Regular Council Meeting -May 18, 2010 -Page 21 of 38
~~ leaving said southwest corner, easterly along the south line of said Government Lot 1, ~° ~~' ~'?, ta~,
z~'i7.~31 ~~~t to the southeast corner thereof, marked by art atuminum capped rei~ar bearing registration
number Rt_S 26932;
leaving said southeast corner, nor4herly along the oast line of said Government Lot 1, t~ ~C~° ~£~ ~~' ~"~,
~~2~.7t€ tee;: to the northeast corner thereof, marked by an aluminum capped mbar bearing registration
number RLS 26532;
• ~. Leaving said northeast Corner, easterly along the north line of said Section 9, ~ 63° '~~'' i2" E, 3g56 ~~ f= et
to the northeast corner th~*reof, marked by a General Land t~~ce brass capped pipe;
. -. ;_- leaving said northeast corner, southerly along the oast line of sand Section 1, ~ t~6~ ~~' alt" t° ~"171.6 feet
to tyre southeast corner thereof an the west line of Government tot 1 of said Section 7, marked by an
aluminum Capped rebar bearing registration number RLS 29873;
~~~ rrC~ leaving said southeast corner, southerly aidr~g the Gast line of the northeast quarter of said Section 12,_
cornrnon with the wrest line of said Lot 3 and Government Lot 2 of said Section 7, S t~G° ~18' 26" ~,
'~~E?;~.9? ~~e~t~t to the southwest Corner of said Lot 2 (west quat~ter Corner of $aid SeCtian 7), rrtarked by err
alumintam Capped rebar bearing registration number RLS 26932;
"" ~~~ leaving said west quarter corner, easterly along the norkh line of the south halt of said Section 7~
~~~° 23' ~x_'_~, ~c~~~.77 feet to the PtaiNT OF BEGIEVi~1~C of Exhibit A herein described;
1,ZU0.82 ACRES of land (mare car less
_-
r~~~ ...and together with ail matters of pubGC record
_~
f_.. _.._______~__- r._....__ ~ee.~~
the bearings shown on this description
are based on GcodetFC T~;orth using data
prop ided by the rational Geodetic
Survey at stations: ~iF14, Cezater-, and
NI~18fs. CJaturrs NAD 83. }Zcsultizc~
measured scale factor. t).99994ti23
The calls and resultant acreage sh~'~vz~
an this description are based on the
,4rizona State Plane eoor`dinate systes~t,
ce~itral zoF~e; measured on grid
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P.Q. C~c;; 12612 -Tucson, A~ 86732
phone (520} 512-0666
fax {520) 512-1666
Regular Council Meeting -May 18, 2010 -Page 22 of 38
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An Annexation. of approximately 1,200 acres located predominantly on the north
side of Avra Valley Road and southwesterly of Silverbell Road.
Data Disclaimer: The Town of Marana provides this map information 'As Is' at the request of the user with the understanding that is not guaranteed to be accurate,
correct or complete arn~d conclusions drawn from such information are the responsibility of the user. In no event shall The Town of Marana become liable to users of these
~i~fental or consequential damages, including but not limited to time, money or goodwill, arising from the
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11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
COUNCIL CHAMBERS, May 18, 2010, 7:00:00 PM
To: Mayor and Council Item A 2
From: Keith Brann ,Town Engineer
Strategic Plan Focus Area:
Community Building
Subject: Resolution No. 2010-48: Relating to Streets; approving and authorizing the renaming
of a segment of Camino de Mariana and a segment of Tortolita Road to "Twin Peaks
Road"
Discussion:
The Town's Camino de Mariana/Dove Mountain Extension project connects the Twin Peaks
interchange to Tangerine Road at the Dove Mountain Boulevard intersection. A segment of this
road from the interchange to approximately Blue Bonnet Road lies along the current alignment of
Camino de Mariana. From Blue Bonnet Road, the project turns due north and runs directly to the
intersection with Dove Mountain Boulevard at Tangerine Road, forming the fourth leg of this
intersection. Some of this north south right of way was acquired in the past under the name
Tortolita Road. Currently, a Tortolita Road does exist along this alignment north of Moore Road
but with no connection to Tangerine Road.
On November 8, 2008, staff made a presentation to council discussing multiple major routes
roadways and their possible names. Council direction at that time was to keep consistent naming
of principal arterial roadways and to avoid using private development names as the names for
principal arterials. At this time, staff is asking council for a formal naming of the roadway as
Twin Peaks Road for the following reasons.
1. It is undesirable to have major arterial roadways change names throughout their alignment.
With the new roadway having Twin Peaks Road on one end and Dove Mountain Boulevard on
the other, the roadway should carry one name or the other. While this issue does not give
strength to either name, it does preclude using "Tortolita Road", under which name some of the
right of way was originally acquired.
2. Even though it is four lanes, Dove Mountain Boulevard is considered a residential collector
roadway that serves only the Dove Mountain master planned community. Dove Mountain
Boulevard is identified with this master planned community. One of the primary directives given
by council in 2008 was to avoid using development-related names for principal arterials in the
Town so as to avoid giving preference to one development over another. A significant portion of
the Cascada master planned community is adjacent to the roadway and should not carry Dove
Mountain addresses.
Regular Council Meeting -May 18, 2010 -Page 24 of 38
3. Twin Peaks Road is considered a principal arterial that currently runs from the Avra
Valley area to the Santa Cruz River. Our new Twin Peaks interchange project extends this
roadway across the river, I-10 and the railroad to the Linda Vista Intersection. Extending the
naming of Twin Peaks to Tangerine would continue a regional principal arterial name. This is in
keeping with the council direction from 2008.
4. Motorists using Tangerine Road would be able to intuitively identify Twin Peaks Road as a
connection to Interstate 10.
5. Twin Peaks Road, like current Camino de Mariana, is classified as an east/west roadway. For
those residences along the current Camino de Mariana alignment, their address would change in
road name but their house number would remain the same. Since Dove Mountain Boulevard is a
north south roadway, to change these current Camino de Mariana residences would require both a
name and house number change. Since no road is present, there are no current addresses based
on Tortolita Road south of Tangerine Road.
6. Pima County Addressing has concurred with staff that Twin Peaks is the appropriate name.
Staff has identified 34 addresses along the current Camino de Mariana alignment that will be
affected by this renaming (are currently addressed) plus an additiona152 parcels that currently
have no official address.
Financial Impact:
The signing needed for the Twin Peaks interchange and the Camino de Mariana/Dove Mountain
Extension project is part of their project costs. Minor changes in sign dimensions based upon
final naming will be insignificant to signing costs.
ATTACHMENTS:
Name:
^ Resolution on_naming
Twin Peaks Road.DOC
^ TwinPeaksCamino
preferred st name_letter.pdf
Description:
Resolution on street naming
Map of area
Type:
Resolution
Backup Material
Staff Recommendation:
Staff Recommends naming the entire Camino de Martana/Dove Mountain Extension project right
of way to "Twin Peaks Road"
Suggested Motion:
I move to adopt resolution 2010-48, approving and authorizing the renaming of a segment of
Camino de Mariana and a segment of Tortolita Road to "Twin Peaks Road".
Regular Council Meeting -May 18, 2010 -Page 25 of 38
MARANA RESOLUTION N0.2010-48
RELATING TO STREETS; APPROVING AND AUTHORIZING THE RENAMING OF A
SEGMENT OF CAMINO DE MANANA AND A SEGMENT OF TORTOLITA ROAD TO
"TWIN PEAKS ROAD"
WHEREAS Marana desires to have continuity of street naming for principal arterial
roadways; and
WHEREAS Marana desires to avoid using the names of developments for principal
arterials; and
WHEREAS the Twin Peaks Interchange project extended the name of Twin Peaks Road
from its prior terminus at the Santa Cruz River eastward across the river, interstate 10 and the
union pacific railroad; and
WHEREAS the capital improvement project known as Camino de Manana/Dove
Mountain extension will further extend the Twin Peaks Road alignment over an existing section
of Camino de Manana and over a section of right-of--way that was acquired under the name of
Tortolita Road; and
WHEREAS, a remainder of Camino de Manana will exist outside of the new roadway
alignment; and
WHEREAS, a Tortolita Road already exists north of Moore Road and will not connect to
the new road; and
WHEREAS, using the name "Twin Peaks Road" for the entire alignment of the new road
will provide for a better understanding of regional roadways; and
WHEREAS, Pima County addressing has concurred with using the name "Twin Peaks
Road" for the entire alignment.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, that the segment of Camino de Manana from the Linda
Vista intersection with Twin Peaks Road to approximately Blue Bonnet Road shall be renamed
"Twin Peaks Road" and that the right-of--way known as Tortolita Road from approximately Blue
Bonnet Road to Tangerine Road shall be renamed "Twin Peaks Road", thereby creating a
continuous Twin Peaks Road from Silverbell Road to Tangerine Road.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 18~' day of May, 2010.
Mayor Ed Honea
ATTEST: APPROVED AS TO FORM:
Rey~i~trb'se~Bgo~gn$~o~n~erds of as Frank Cassidy, Town Attorney
Preferred Street Name change for
Twin Peaks\Camino de Manana
~~~
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W TANGERINE RD
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Propsed name change: Twin Peaks from I-10 to Tangerine ; W HOLLYWOOD BL
PROS:
-Name continuity from Westside of I-10 to Eastside i ! '~
j W ANGEL DR
- 34 County residents will only have to change the street name on their current mailing address,
Twin Peaks and Camino de Manana both have a West Prefix ~
-Provides clear recognition of connection to I-10 from Tangerine/Dove Mnt
-Provides isolation of Dove Mnt. Resort
- County addressing official agrees with staff recomendation
CONS: i
i
-Section currently named Dove Mountain Extension runs North\South and would have a West prefix, ' ~~
potential addressing issues ~
i
-Will require Pima County approval of name change of Camino de Manana t Q~
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-34 County residents will have to change the street name on their current mailing address ( ' ~P
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11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
COUNCIL CHAMBERS, May 18, 2010, 7:00:00 PM
To: Mayor and Council Item D 1
From: Steve Huffman ,Intergovernmental Affairs Administrator
Strategic Plan Focus Area:
Not Applicable
Subject: Legislative/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 Legislatve_Bulletn_#
Legislative Bulletin # 17 Backup Material
17,pdf
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 18, 2010 -Page 28 of 38
L~~is~ati~~~ ~l_~ll+~tili
ISSUE 17 -APRIL 30, 2010
Session Update: Sine Die!
The Arizona State Legislature adjourned the Second Regular Session sine die on Thursday, April 29, 2010, at
11:07p.m. after 109 days of activity..
This session 1,233 bills were introduced with 352 of those bills passed by the Legislature and transmitted to the
Governor. Upon adjournment of a session, the Governor has 10 days to process bills that reach her desk. The
Governor 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 90 days after the Legislature
adjourns. This year's general effective date is July 28, 2010.
Once bills have been vetted in the Governor's Office, the League will review all enacted laws and summarize their
implications for cities and towns in the annual publication of the 2010 edition of the New Laws Report. Should you
have questions in the meantime, please do not hesitate to contact a member of the League's Legislative Team at
602-258-5786.
Landlord Tax Bill Fails
After battling this bill for months, Senate Bill 1239 city sales tax; residential rental failed on the House floor on
the last day of session by a bi-partisan vote of 25-23-12 (31 "yes" votes are required to pass a bill out of the House of
Representatives). The bill would have carved out a requirement that cities must go to an election to raise the local
sates tax on those engaged in the business of renting residential properties - an expensive process not afforded to
any of the other activities that are taxed under the Model City Tax Code.
Despite furious efforts by the industry's lobbyists to persuade legislators, House members were not convinced that
this type of business needed a special process in state law to make taxation more cumbersome. Members were also
skeptical of the precedent this policy would set-prompting other interests to seek legislation requiring voter
approval for tax increases on their businesses, and the effort to bypass the process to change municipal tax policy
through the Municipal Tax Code Commission.
Thanks to all who contacted their delegation and asked them to vote against this law. Below is a list of alt the
Representatives who stood up against a powerful special interest group and voted NO on SB 1239. Please contact
your members and let them know how much you appreciate their support! We also offer special thanks to
Representative Steve Farley (D-Tucson) for his amazing support on our efforts to defeat this bill.
Ed Ableser (D-Tempe)
Regular Council Meeting -May 18, 2010 -Page 29 of 38
Cecil Ash (R-Mesa)
Jack Brown (D-St. Johns)
Olivia Cajero Bedford (D-Tucson)
Chad Campbell (D-Phoenix)
Tom Chabin (D-Flagstaff)
Steve Court (R-Mesa)
Rich Crandall (R-Mesa}
Chris Deschene (D-Window Rock)
Pat Fleming (D-Sierra Vista)
Doris Goodale (R-Kingman)
Matt Heinz (D-Tucson)
Russ Jones (R-Yuma}
Bill Konopnicki (R-Safford)
Phil Lopes (D-Tucson)
Lucy Mason (R-Prescott)
Barbara McGuire (D-Kearny)
Nancy McLain (R-Bullhead City)
Lynne Pancrazi (D-Yuma)
Frank Pratt (R-Casa Grande)
Andy Tobin (R-Paulden)
Vic Williams (R-Tucson)
Nancy Young Wright (D-Oro Valley)
House Bill 2162 Clarifies New Immigration Laws
One bill passed late in the session contained some important items for municipalities relating to various immigration
laws. The League was successful in getting clarifications regarding the "public benefits" added to House Bill 2162
immigration, border security.
The amendments make it clear that city administration of public benefits applies only to "natural" persons, not
businesses, corporations, non-profits or community groups. It also includes a "loser pays" provision intended to
discourage frivolous lawsuits. It also more clearly defines "state and local public benefits' by saying they do not
include services widely available to the population as a whole such as sidewalks, parks and library services.
HB 2162 also contains two changes sought by cities and towns to the session's major immigration law, Senate Bill
1070. These include the deletion of the phrase "or practice" in reference to restrictions on the enforcement of
federal immigration laws, and a lowering of the minimum penalty amount if a court finds that a city has such a
policy.
Additional changes to SB 1070 wilt require further analysis. One section authorizes law enforcement officials to
inquire about a person's immigration status if they are enforcing municipal ordinances, not just state law. We will
send out additional information on this topic as it becomes available to us.
Impact Fees Fix Signed Into Law
Governor Jan Brewer signed Hause Bill 2478 development tees; moratorium into law on Monday. The bill contains
compromise language developed between the League and the Homebuilders Association over the freeze in
development fee rates from HB 2008 in the Third Special Session. It removes a provision that implemented the
freeze retroactively, and extends it to June 30, 2012. As a result of this agreement, alt other bills affecting
development impact fees were stopped.
Fireworks Bill Passes
Regular Council Meeting -May 18, 2010 -Page 30 of 38
House Bill 2246 regulation of fireworks sponsored by Representative Andy Biggs (R•t~ll~ert) was final read on
Monday, April 26th and transmitted to the Governor. HB 2246 allows consumer fireworks to be bought and sold
unless otherwise regulated by a governing entity, Under the bill, the State Fire Marshal must also adopt rules
relating to the sale of consumer fireworks.
Concerns with the bill stemmed from safety issues. A similar bill was vetoed by the Governor last year because of
unease over the risk of fire. These concerns were addressed in this year's bill with the provision allowing the State
Fire Marshal to impose penalties for misuse.
Few cities expressed their discomfort after the amendment was adopted, which prompted the League not to take a
position on the bill.
Tax Notification Bill Advances
House Bill 2257 municipalities; counties; taxes' fees; notice, sponsored by Senator Frank Antenori (R•Tucson),
requires municipalities and counties to post, on the homepage of their website, any proposed changes in taxes or
fees at least 60 days prior to implementation. These requirements do not apply to property taxes, county capital
improvement plans or city infrastructure improvement plans. Cities without websites are not expected to comply
with that particular requirement, but instead to post notice in their city or town hall.
HB 2257 passed out of the House on .final read 42-15-3 and was transmitted to the Governor on Monday, April 26th.
The League could not take a position of support on the bill because of some concerns with posting requirements in
smaller cities. However, a neutral position was taken since the League has been and continues to be an advocate of
transparency in government.
Alternative Procurement Legislation on the Governor's Desk
Senate Bill 1406 procurement; construction; specialized services is currently on the Governor's desk awaiting her
signature. The majority of this lengthy bill focuses on a number of changes to the statutes governing Alternative
Procurement Delivery Method (APDM).
A group of public stakeholders (city, county, community college and university representatives} along with the
Arizona Chapter Associated General Contractors have been working on compromise language amending these
statutes for over two years.
A consensus was reached among the members of this working group earlier this year and the result was SB 1406.
The League has remained neutral on this bill throughout the process but has supported the continued discussion
between public and private stakeholders on these APDM issues.
To view the final bill click here.
For a summary of the changes the bill makes to the APDM statutes specifically, click here.
The League will be hosting a training session on the changes to the Alternative Procurement Delivery Method
statutes during the summer. Information on this training wilt be sent out in May. If you have any questions on this
bill, please contact Matt Lore at the League.
Regular Council Meeting -May 18, 2010 -Page 31 of 38
Final Thoughts
The League has endured another contentious, but ultimately successful legislative session. We were able to
accomplish some key goals and fend off much legislation that would have been detrimental to local governance. In
the process we relied on our many good friends and champions for their support and guidance and made some new
friends along the way.
Upon reflection of the past session, we remind ourselves that our goal is always good governance and fair treatment
of the constituents we share with the Legislature. Unlike most of the -other stakeholders at the Capitol, cities and
towns are powerful units of government. We must always strive to wield that power responsibly and see challenges
to our authority as opportunities for enlightenment. We don't gloat about our legislative victories nor do we despise
those who hand us setbacks. In the end we simply engage in the process and offer our solutions, always with the
goat of excellence in serving our citizens. No one can ask for more than that.
"tn war, resolution; in defeat, defiance; in victory, magnanimity"--S~r Winston S Churchill
Legislative Bulletin is published by the League of Arizona Cities and Towns.
Forward your comments or suggestions to leagueC~azleague.org.
Regular Council Meeting -May 18, 2010 -Page 32 of 38
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MARANA
/I\
STATEMENT OF AGENDA CONFLICT
//// ~/ ,
I, ~f~/"~ >"C /~/ , declare a conflict on Agenda Item
_,~"! , .entitled:
For the following reason(s):
' ~" ~~ lQ
Signature Date