HomeMy WebLinkAboutRegular Council Meeting Agenda Packet 01/04/2011 «. tw
MAR
MARANA TOWN COUNCIL
REGULAR COUNCIL MEETING
NOTICE AND AGENDA
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, January 4, 2011, 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 pagers and cell phones.
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.
Speaking 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
Regular Council Meeting - January 4, 2011 - Page 1 of 57
printed in Braille or large print, a signer for the hearing impaired, etc., will be accommodated. Such
special services are available upon prior request to the Town Clerk at least 10 working days prior to
the Council meeting.
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, January 03, 2011, 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 ALLEGIANCEANVOCATION/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
Marana Broncos 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 - January 4, 2011 - Page 2 of 57
the Consent agenda, and that issue will be discussed and voted upon separately, immediately
following the Consent agenda.
Cl: Resolution No. 2011-0 - Relating to Development; approving a final plat for
Continental Ranch Retail Cente - Westside Resub. #1, Lots 14 -16 (Lisa Shafer)
C 2: Resolution No. 2011 -02: Relating to Elections; approving and authorizing the
Mayor to execute an intergovernmental agreement with Pima County for the
provision of election services (Jocelyn Bronson)
C 3: Resolution No. 2011 -03: Relating to the Marana Municipal Airport;
approving and authorizing the Town Manager to execute a grant amendment with the
Arizona Department of Transportation (Grant No. E5S80) extending the expiration
date to December 31, 2011 (T VanHook)
C 4: Resolution No. 2011 -04: Relating to Utilities; authorizing the Utilities
Director to enter into contracts and to spend up to $10,000 per fiscal year for
permitting and operation of managed in- channel recharge of effluent in the Santa
Cruz River (Dorothy O'Brien)
C 5: Minutes of the December 7, 2010 regular council meeting
LIQUOR LICENSES
BOARDS, COMMISSIONS AND COMMITTEES
B 1: Resolution No. 2011 -05: Relating to Boards, Commissions and Committees;
approving an appointment and re- appointments to the Utilities Citizen Advisory
Commission (Jocelyn Bronson)
COUNCIL ACTION
A 1: Resolution No. 2011 -06: Relating to Intergovernmental Relations; adopting a
2011 Town of Marana legislative program and authorizing and directing those
authorized to lobby on behalf of the Town of Marana to represent pursue it (Josh
Wright)
A 2: Resolution No. 2011 -07: Relating to Development; approving and authorizing
the Mayor to execute the Second Amendment to the Foothills Development
Agreement with Tapestry Properties III, L.L.C., regarding the Foothills (Tapestry)
development project (Kevin Kish)
ITEMS FOR DISCUSSION/POSSIBLE ACTION
D l: Legislative/Intergovernmental Report: regarding all pending state and federal
legislation and report on recent meetings of other legislative bodies (Gilbert
Davidson)
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.
Regular Council Meeting - January 4, 2011 - Page 3 of 57
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 (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 - January 4, 2011 - Page 4 of 57
MARAN BRONCOS PEE WEE ORANGE FOOTBALL TEAM
PROCLAMATION
WHEREAS Tucson Youth Football & Spirit Federation sponsor the Marana
Broncos; and
WHEREAS the Pee Wee Orange Crush Football Team — ages 10 -12 years - is
one of nine teams in the Marana Broncos organization; and
WHEREAS the members of the Pee Wee Orange Crush Football Team won the
regional and state championships to qualify for the American Youth Football
National Championships in Orlando, Florida; and
WHEREAS the Marana Broncos Pee Wee Orange Crush Football Team
competed against regional and city champions from all over the United States and
won three games to capture the title as Best Pee Wee Team in the country.
NOW, THEREFORE, the Mayor and Council of the Town of Marana recognize
and congratulate the Marana Broncos Pee Wee Orange Crush Football Team,
whose members are:
Zach Dorame, Manny Miranda, Anthony Marshall, Cole McLafferty,
Damion Shepherd, Antonio Gonzales, Shawn Dillworth, Jr., Sean Hopkins,
Ryan Johnson, Oscar Urcadez, Christopher Suarez, Anthony DeLouisa,
Lucas Spanarella, Mason Alejandro, David Tilley, RJ Silvain, Josef Carlson,
Francisco Garcia, Kage Anderson, Keian Anderson, Darius Cluff, Cameron
Hernandez, Carlos Martinez, Spencer Carsner, Steven Bejarano, Travis
Callanan, Josh Kobs, Kade George, AJ Van Bogaert, Alex Jones, Jackson
Young- Luckett, Tristan Sandifer, Tariq Jordan, JJ Cilano, Jr., and
Nathaniel Montgomery.
I �
AND FURTHER COMMEND the team staff: Steve Marshall, Head Coach; j
Andy Gilroy, Cliff Coleman, Ron Garcia, Todd Sandifer, Tim Kobs, Aaron
Dorame, Aaron Shepherd, Gilbert Suarez and Keelan George, Assistant
Coaches; and Casey Van Bogaert, Business Manager.
Dated this 4 day of January, 2011.
Ed Honea, Mayor
ATTEST:
i
Jocelyn C. Bronson, Town Clerk
Regular Council Meeting - January 4, 2011 - Page 5 of 57
MA
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, January 4, 2011, 7:00:00 PM
To: Mayor and Council Item C 1
From: Lisa Shafer , Interim Planning Director
Strategic Plan Focus Area:
Not Applicable
Subject: Resolution No. 2011 -01: Relating to Development; approving a final plat for
Continental Ranch Retail Center — Westside Resub. #1, Lots 14 -16
Discussion:
History
The Continental Ranch Specific Plan was approved by the Town Council on April 3, 1988, by
Ordinance 88.09. A Final Plat for the Continental Ranch Retail Center was approved by the
Town Council on October 1, 2002, by Resolution 2002 -108. The plat was then subdivided to
create the Continental Ranch Retail Center - Westside Final Plat which was approved by the
Town Council on December 20, 2005, by Resolution 2005 -152.
Request
Continental Fund 240, LLC, is requesting a resubdivision of lots 7 and 8 of the Continental
Ranch Retail Center - Westside Final Plat to create lots 14, 15 and 16 on 12.31 acres that would
allow for the construction of an LA Fitness gym on lot 15. A development plan for this site was
approved on May 22, 2008.
Location
The proposed resubdivision is located generally at the southwest corner of Arizona Pavilions
Drive and Cortaro Road.
Zoning
The site is located within the Continental Ranch Specific Plan. The Specific Plan land use
designation on the site is "C *" - Freeway Commercial.
Transportation
Access to the site will be off of Cortaro Road and Arizona Pavilions Drive.
ATTACHMENTS:
Name: Description: Type:
❑ Continental Ranch Retail Center Resub FP.doc Resolution Resolution
O Application,pdf Application Backup Material
Regular Council Meeting - January 4, 2011 - Page 6 of 57
D Location Map.pdf Location Map Backup Material
O Prv_10038_Final Plat.pdf PRV -10038 Final Plat Backup Material
Staff Recommendation:
Staff finds that the final plat is in compliance with the Continental Ranch Specific Plan, the
Marana Land Development Code and the Marana General Plan. Staff recommends approval of
this final plat.
Suggested Motion:
I move to adopt Resolution No. 2011 -01, approving a final plat for Continental Ranch Retail
Center — Westside Resub. #1, Lots 14 -16.
Regular Council Meeting - January 4, 2011 - Page 7 of 57
MARANA RESOLUTION NO. 2011-01
RELATING TO DEVELOPMENT; APPROVING A FINAL PLAT FOR CONTINENTAL
RANCH RETAIL CENTER— WESTSIDE RESUB. #1, LOTS 14 -16
WHEREAS, the Continental Ranch Specific Plan was approved by the Town Council on
April 3, 1988, as Ordinance 88.09; and
WHEREAS, the Continental Ranch Retail Center Final Plat was approved by the Town
Council on October 1, 2002, as Resolution 2002.108; and
WHEREAS, the Continental Ranch Retail Center — Westside Final Plat was approved by
the Town Council on December 20, 2005, as Resolution 2005.152; and
WHEREAS, Continental 240 Fund, LLC, has applied for a resubdivision of Lots 7 and 8
of the Continental Ranch Retail Center — Westside Final Plat creating Lots 14, 15 and 16 on
12.31 acres, generally located at the southwest corner of Arizona Pavilions Drive and Cortaro
Road; and
WHEREAS, the Town Council, at their regular meeting on January 4, 2011, determined
that the Continental Ranch Retail Center — Westside Resub. #1, Lots 14 -16 Final Plat should be
approved.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana, Arizona, that the Continental Ranch Retail Center — Westside Resub. #1, Lots 14 -16
Final Plat, is hereby approved.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 4` day of January, 2011.
Mayor Ed Honea
ATTEST: APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney
Regular Council Meeting - January 4, 2011 - Page 8 of 57
J.-
MARANA
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PLANNING & ENGINEERING APPLICATION
1. TYPE OF APPLICATION Check One
❑ Preliminary Plat ® Final Plat ❑ General Plan Amendment ❑Variance
❑ Development Plan ❑ SWPPP ❑ Landscape Plan ❑ Native Plant Permit
❑ Specific Plan Amendment ❑ Conditional Use Permit ❑ Rezone /Specific Plan ❑ Annexation
❑ Significant Land Use Change ❑ Minor Land Division ❑ Water Plan
❑ Improvement Plan (Mecify We in Description of Project box *) ❑ Other
2. GENERAL DATA RE UIRED
Assessor's Parcel 221 -05 -2760 General Plan Designation
Numbers To be confirmed by sta
Gross Area (Acre /Sq. Ft.) 3.5 Ac Current Zoning Specific Plan T'
To be confirmed by sta
Development/Project Name L.A. Fitness Proposed Zoning
Project Location Lots 7 &8, Continental Ranch Retail Center Westside, Lots 1 -13
Description of Project* Continental Ranch Retail Center Westside Resub #1 Lots 14 -16
Property Owner Continental 240 Fund LLC
Street Address W134N8675 Executive Parkway
City State Zip Code Phone Number Fax Number E -Mail Address
Menomonee Falls WI 153051 1 262-532-9358 1 kniccum @cproperties.com
Contact Person Phone Number / E -mail
Kira Niccum
Applicant Same as above
Street Address
City State Zip Code Phone Number Fax Number E -Mail Address
Contact Person Phone Number / E -mail
Agent/Representative The WLB Group, Inc.
Street Address 4444 E. Broadway
City State I Zip Code Phone Number Fax Number E -Mail Address
Tucson AZ 85711 390 -1086 881 -7492 lhompson@wlbgroup.com
Contact Person Town of Marana Business
Linda Thompson License No.
3. AUTHORIZATION OF PROPERTY OWNER
I, the undersigned, certify that all of the facts set forth in this application are true to the best of my knowledge and that I am either the
owner of the property or that I have been authorized in writing by the owner to file this application and checklist (If not owner of
record, attach written authorization from the owner.)
C'-1JJ 'PPtv1 ( l °oo J
Linda Thompson Linda Thompson 11/12/10
Print Name of Lk licant/A ent Si Mature Date
11555 W. Civic Center Drive, Bldg. A2■Marana, AZ 85653-7003 Telephone (520) 382 - 2600 ■Fax (520) 382 -2641
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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 and 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
data, or any other party, for any loss or direct, indirect, special, incidental or consequential damages, including but not limited to time, money or goodwill, adsing from the
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,MIARAN
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, January 4, 2011, 7:00:00 PM
To: Mayor and Council Item C 2
From: Jocelyn Bronson , Town Clerk
Strategic Plan Focus Area:
Not Applicable
Subject: Resolution No. 2011 -02: Relating to Elections; approving and authorizing the Mayor
to execute an intergovernmental agreement with Pima County for the provision of
election services
Discussion:
From time to time, the Town of Marana contracts with Pima County for assistance in the
preparation and conduct of primary and general elections for the Town Council and other special
elections or consolidated elections. The last contract was amended in 2009 and expired
December 31, 2009. This agreement reflects the updated fee and payment schedules and covers
the period beginning February 1, 2011, through completion of all obligations and avtivities
associated with the March 8, 2011, and May 17, 2011, elections, including final resolution of any
legal challenge to those elections.
Financial Impact:
The total financial impact of this agreement will be determined by multiple factors, including
voter turnout rate in the 2011 primary and general elections. A complete fee schedule for Pima
County election services is located within the proposed agreement.
ATTACHMENTS:
Name: Description: Type:
❑ RE.SO Approvinp_EI_ections I- DO Resolution Resolution
❑ .I.GA_Election,pdf IGA Exhibit
Staff Recommendation:
Staff recommends adoption of Resolution No. 2011 -02, approving and authorizing the Mayor to
execute the intergovernmental agreement with Pima County for election services.
Suggested Motion:
I move to adopt Resolution No. 2011 -02, approving and authorizing the Mayor to execute an
intergovernmental agreement with Pima County for the provision of election services.
Regular Council Meeting - January 4, 2011 - Page 14 of 57
MARANA RESOLUTION NO. 2011-02
RELATING TO ELECTIONS; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE
AN INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY FOR THE PROVISION
OF ELECTION SERVICES
WHEREAS the Town desires to enter into an Intergovernmental Agreement with the Pima
County Division of Elections to prepare for and conduct a primary election to be held on March 8,
2011 and a general election to be held on May 17, 2011; and
WHEREAS Pima County, through its Division of Elections, is willing to provide election
services for the Town's 2011 elections based on the terms set forth in the Intergovernmental Agree-
ment for Election Services which is the subject of this resolution; and
WHEREAS the Mayor and Council of the Town of Marana find that the proposed Intergo-
vernmental Agreement is in the best interests of the Town and the public.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, as follows:
SECTION 1. The Intergovernmental Agreement for Election Services among the Town of
Marana and Pima County attached as Exhibit A to and incorporated by this reference in this resolu-
tion 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
4' day of January, 2011.
Mayor Ed Honea
ATTEST: APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney
Regular Council Meeting - January 4, 2011 - Page 15 of 57
PIMA COUNTY RECORDER
2011 ELECTION SERVICES WITH
THE TOWN OF MARANA
ESTIMATED INCOME: $36,000.00*
FUNDING: The Town of Marana
* estimated for each election within this IGA STAMP HERE
INTERGOVERNMENTAL AGREEMENT
For Election Services
Among The Town of Marana and Pima County
This Intergovernmental Agreement (IGA) is by and among THE TOWN OF MARANA OF
PIMACOUNTY, ARIZONA, a municipal subdivision ofthe State of Arizona ("the TOWN ") and PIMA
COUNTY, a political subdivision of the State of Arizona ("the County'), on behalf of the PIMA
COUNTY RECORDER ( "the Recorder").
RECITALS
1. The TOWN, pursuant to A.R.S. W231 (A) will prepare for and conduct two elections: a Primary
Election to be held on March 8,2011; and a General Election to be held on May 17, 2011 if necessary
for members of its common council.
2. A.R.S. § §16- 205(C),16-172,11-251(3), 16-450, and 16-405 et seq. authorize the County to perform
services for any political subdivision regarding elections.
3. A.R.S. §16 -172 authorizes any political subdivision conducting elections to utilize the County
registration rolls upon reimbursement to the Recorder for actual expenses in furnishing voter
registration data to the subdivision.
4. A.R.S. §16- 408(D) permits the governing body of any election district authorized to conduct an
election to Agreement with the Board of Supervisors and Recorder for election services, with the
contracted cost being a charge against the election district.
5. The parties are authorized to enter into an intergovernmental agreement pursuant to A.R.S. §11 -952
et. seq.
6. The TOWN desires to utilize the Pima County registration rolls and other election - related services
provided by the Recorderfor the Primary Election to be held on March 8, 2011 and a General Election
to be held on May 17, 2011 for members of its common council.
7. The TOWN, the County and the Recorder have determined that it is in the best interest of the public
for the TOWN to use the services of the Recorder in conducting the elections called for March 8, 2011
and May 17,2011.
Regular ftul$Ad - January 4, 2011 Page 16 of 57
NOW, THEREFORE, the parties hereto agree as follows:
The .purpose of this IGA is to set forth the duties and responsibilities of the Recorder and the TOWN with
respect to the March 8, 2011 and May 17, 2011 elections to be held by the TOWN of Marana.
ARTICLE I - TERM AND EXTENSION /RENEWAUCHANGES
The term of this IGA shall be from February 1, 2011 through completion of all obligations and activities
associated with the March 8, 2011 and May 17, 2011 elections contemplated by this IGA, provided that the
term shall continue through final resolution of any legal challenge to the election. Completion of this
Agreement is anticipated to be not later than December 31, 2011. Any modifications or time extension of this
IGA shall be by formal written amendment and executed by the parties.
Amendments to the Agreement must be approved by the Board of Supervisors as required by the Pima
County Procurement code, before any work or deliveries under the Amendment commences.
ARTICLE II — SCOPE OF SERVICES
This Agreement establishes the agreement under which the County will provide the TOWN with Election
services in accordance with the following:
County Recorder Services: The Recorder shall:
(1) Provide the official precinct registers and signature rosters, assembled into voting areas, and
provide them to the County's Division of Elections no later than ten days prior to the Election,
at a cost of $18.00 per precinct; and provide the precinct registers for use by the Early Voting
Board no later than 9:00 a.m. the day before the Election.
(2) Provide services related to early balloting. These services include: providing and processing
request forms, mailing ballots, all necessary materials and programming for on -site voting at
the Pima County Recorder's Office, and verification of all early ballots voted for the elections.
Verified early ballots will be delivered to the Eary Ballot Board beginning ten (10) days prior
to each election and continuing until the close of the polls on Election Day.
(3) Provide Deputy County Recorders for team early voting when necessary and give the TOWN
notice of each request for team early voting.
(4) Process Provisional Ballots and Conditional Provisional Ballots following the election within
the statutory deadlines.
(5) Prepare and deliver a single invoice to the TOWN no later than 21 days after the final
election date, containing a detailed breakdown of all Recorder costs for these elections.
TOWN Obligations. TOWN shall:
(1) Notify the Recorder in writing, at least 120 days or at such other time as the parties may
agree before any consolidated election date on which the TOWN wants services pursuant to
this IGA, detailing the election - related services pursuant to this ]GA.
(2) Make all submissions required under Section 5 of the Voting Rights Act to the Department of
Justice and provide timely notice to County of any pre - clearances required under Section 5 of
the Voting Rights Act.
(3) Prepare and distribute any requisite translation, .printing, and mailing of all publicity
pamphlets.
Regular UM8AM* January 4, 2011 - Page 17 of 57
.(4.) Should the election be challenged or questioned for any reason whatsoever, then the TOWN
shall be solely responsible for defending, legally or otherwise, said elections. This duty shall
survive the expiration of the 1GA, provided that the County shall cooperate with the TOWN in
making relevant information and witnesses available upon reasonable request.
•(5) Within 30 days of the date of each invoice, the TOWN shall reimburse the County, in full, for
invoiced costs of election materials, supplies and equipment, and personnel required in direct
support of the TOWN election, as set forth below_
(6) Be responsible for the security of all ballots tabulated by officials and vendors other than
Pima County's agents or employees and ensure that any functions performed by TOWN or its
outside vendors comply with applicable law and procedures of the Secretary of State.
(7) Arrange for and publish any and all notices of this election as required by law.
ARTICLE III — COMPENSATION AND PAYMENT
Within thirty (30) days of the date of invoice, TOWN will pay the Pima County Recorder.
(1) $5.75 for each Early Ballot mailed;
(2) $3.00 for each ballot mailed to a voter on the Permanent Early Voting List.
(3) $0.75 for signature checking on each returned ballot;
(4) $3.00 for each replacement ballot issued by mail, $1.50 for each replacement ballot issued at a
satellite voting location; .
(5) Special Ballot Inserts: 2 cents per ballot for single page or 5 cents per ballot for multiple
pages. Inserts may be no larger than 8% inches by 4% inches in size. Larger materials
may be used, but must be folded prior to delivery to the Recorder's Office so that the final
size does not exceed 8'/ by 4% inches. The TOWN shall be responsible for any additional
postage costs resulting from including a special insert.
(6) $60.00 per request for Team Voting;
(7) Computer programming as required for additional voter data at $50.00 per hour, one hour
minimum;
(8) If required, $400.00 for remote site computer linked to Recorder's system.
(9) Actual cost of all necessary materials and programming for on -site early voting, if required;
and,
(10) Any other costs associated with services provided for the conduct of the Election(s), as set
forth in Pima County Fee Ordinance 2009 -32, which is attached hereto as Exhibit A.
(11) Invoices not paid within 30 days of billing date will accrue interest at the rate of 10% per
annum.
ARTICLE IV — INSURANCE
All parties to this agreement are government entities. Neither entity is required to procure special insurance
coverage for their obligations under this IGA
Regular GNwWUN%X t0- January 4, 2011 - Page 18 of 57
ARTICLE V - INDEMNIFICATION
The TOWN shall indemnify, defend, and hold harmless, the County, the Recorder, their officers, employees
-and agents from and against any and all suits, actions, legal administrative proceedings, claims or demands or
damages of any kind or nature arising out of this IGA which are attributed to any action or omission of the
TOWN, its agents, employees, or anyone acting under its direction, control or on its behalf, unless such
actions are due solely to the negligence of the County or County Recorder. The TOWN's obligations pursuant
- to this section shall survive the termination, cancellation or expiration of this IGA.
ARTICLE VI - COMPLIANCE WITH LAWS
The parties shall comply with all federal, state and local laws, rules, regulations, standards and Executive
Orders, without limitation to those designated within this Agreement_ The laws and regulations of the State of
Arizona shall govern the rights of the parties, the performance of this Agreement and any disputes hereunder.
Any action relating to this Agreement shall be brought in an Arizona court in Pima County. Any changes in
the governing laws, rules and regulations during the terms of this Agreement shall apply but do not require an
amendment.
ARTICLE VII - INDEPENDENT CONTRACTOR
Each party shall comply with the notice of A.R.S. § 23- 1022(E). For purposes of A.R.S. § 23 -1022, each party
shall be considered the primary employer of all personnel currently or hereafter employed by that party,
irrespective of the operations of protocol in place, and such party shall have the sole responsibility of the
.payment of Worker's Compensation benefits or other fringe benefits of said employees.
ARTICLE Vlll - ASSIGNMENT
The TOWN shall not assign its rights to this Agreement, in whole or in part, without priorwritten approval of the
COUNTY. Approval may be withheld at the sole discretion of COUNTY, provided that such approval shall not
be unreasonably withheld.
ARTICLE IX - NON - DISCRIMINATION
The TOWN shall not discriminate against any County 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 duties pursuant to this IGA. The TOWN shall comply with the provisions of Executive Order 2009-
09, including flow down of all provisions and requirements to any subcontractors. Executive Order 2009 -09
supersedes Executive order 99-4 and amends Executive Order 75 -5 and may be viewed and downloaded at
the Governor or the State of Arizona's website http: / /www.Movemor.00v /dms/upload /EO 2990 90.pdf
which is hereby incorporated into this Agreement by reference, as if set forth in full herein.
ARTICLE X - AMERICANS-WITH DISABILITIES ACT
The parties shall comply with all applicable provisions of the Americans with Disabilities Act (Public Low 101-
336, 42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35
and 36.
ARTICLE XI - AUTHORITY TO CONTRACT
No party warrants to any other party its legal authority to enter into this IGA. If a court, at the request of a third
person, should declare that any party lacks authority to enter into this IGA, or any part of it, then the IGA, or
parts of it affected by such order, shall be null and void, and no recovery may be had by any party against the
other for lack of.performance or otherwise.
Regular GbvWtMMt0- January 4, 2011 - Page 19 of 57
ARTICLE XII - FULL AND COMPLETE PERFORMANCE
The failure of either.party to insist an one or more instances upon the full and complete performance with any
of the terms or conditions of this Agreement to be performed on the part of the other, or to take any action
permitted as a result thereof, shall not be construed as a waiver or relinquishment of the right to insist upon full
and complete performance of the same, or any other covenant or condition, either in the past or in the future.
The acceptance by either party of sums less than may be due and owing it at any time shall not be construed
as an accord and satisfaction.
ARTICLE XIII - CANCELLATION FOR CONFLICT OF INTEREST
This Agreement is subject to cancellation for conflict of interest pursuant to ARS § 38 -511, the pertinent
provisions of which are incorporated into this Agreement by reference.
ARTICLE XIV — TERMINATION FOR CONVENIENCE
Notwithstanding any other provision in this IGA, this IGA may be terminated if for any reason the County Board
of Supervisors does not appropriate sufficient monies for the purpose of maintaining this IGA. In the event of
such cancellation, neither the County, nor the County Recorder shall have any further obligation to TOWN.
ARTICLE XV - NOTICE
Any notice required or permitted to be given under this Agreement shall be in writing and shall be served by
personal delivery or by certified mail upon the other party as follows:
COUNTY: TOWN OF MARANA:
F. Ann Rodriguez Jocelyn Bronson
Pima County Recorder Town Clerk
115 N Church Avenue 11555 W Civic Center Drive
Tucson, AZ 85701 Marana, AZ 85653
(520) 7430 -4356 (520) 382 -1 960
Fax: (520) 623 -1785 Fax: (520) 382 -1998
ARTICLE XVI - NON - EXCLUSIVE AGREEMENT
Nothing in the provisions of this IGA is intended to create duties or obligations to or rights in third parties not
parties to this IGA, or affect the legal liability of any party to the IGA by imposing any standard of care different
from the standard of care imposed by law.
This IGA is not intended to, and this IGA shall not be construed to, create any partnership, joint venture or
employment relationship between the parties or create any employer - employee relationship between County
or Recorder and any TOWN employees, or between the TOWN and any County employees. No party shall be
liable for any debts, accounts, obligations nor other liabilities whatsoever of any other party, including (without
limitation) any other party's obligation to withhold Social Security and income taxes for itself or any of its
employees.
ARTICLE XVII -REMEDIES
Either party may pursue any remedies provided by law for the breach of this Agreement. No right or remedy is
intended to be exclusive of any other right or remedy and each shall be cumulative and.in addition to any other
right or remedy existing at law or at equity or by virtue of this Agreement
Regular 10W@E V- January 4, 2011 - Page 20 of 57
ARTICLE XVIII - SEVERABILITY
:Either party may terminate this IGA at any time by giving written notice of such termination and specifying the
effective date thereof, at least thirty (30) days before the effective date of such termination. In the event of
termination, any real or personal property belonging to either party and furnished pursuant to this IGA, shall be
returned to the furnishing party. Any funds of TOWN paid to County in accordance with this IGA and not
encumbered at the time of termination shall be refunded to TOWN.
ARTICLE XIX — LEGAL ARIZONA WORKERS ACT COMPLIANCE
The COUNTY and TOWN hereby warrant that they will at all times during the term of this Agreement
comply with all federal immigration laws and with the requirements of A.R.S. § 23-214 (A) (together the
'.State and Federal Immigration Laws ").
(THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT 13LANK)
Regular &HiO1011$WtOL January 4, 2011 - Page 21 of 57
ARTICLE XX —ENTIRE AGREEMENT
This document constitutes the entire agreement between the parties pertaining to the subject matter hereof,
and all prior or contemporaneous agreements and understandings, oral orwritten, are hereby superseded and
merged herein. This IGA shall not be modified, amended, altered or extended except through a written
amendment signed by the parties.
IN WITNESS WHEREOF, the parties hereby have executed this Agreement on this day of
2011.
PIMA COUNTY BOARD OF
TOWN OF MARANA SUPERVISORS
By: By:
Mayor Chair
ATTEST: ATTEST:
By: By:
Town Clerk Clerk of the Board of Supervisors
AP PRO D AS TO CONTENT
' L By:
F. Ann odriguez, Pima County Recorde
The foregoing Intergovernmental Agreement between The Town of Marana, Pima County and the Pima
County Recorder has been reviewed pursuant to A.R.S. § 11 -952 by the undersigned, who have
determined that it is in the proper form and is within the powers and authority granted under the laws of
the State of Arizona to those parties to the I ntergovernmental Agreement represented by the undersigned.
Pima County and Pima County Recorder Town of Marana
D ounty Attorney Attorney for the Town of Marana
I
Regular f@lh M WNW- January 4, 2011 - Page 22 of 57
F. ANN RODRIGUEZ, RECORDER DOCKET: 13537
RECORDED BY: K O - j -�^. PAGE: 3860
DEPUTY RECORDER Q v P '`9 NO. OF PAGES: 9
1861 A92 g O SEQUENCE: 20090720940
P0230 Z 04/15/2009
PIMA CO CLERK OF THE BOARD t U �� ORDIN 18:00
PICKUP g li[201 44 `
PICKUP
AMOUNT PAID $ 0.00
or
w xti
ORDINANCE NO. 2009- 32
AN ORDINANCE OF 'TILE BOARD OF SUPERVISORS OF
PIMA COUNTY, ARIZONA ESTABLISHING FEES FOR
ELECTION- RELATED SERVICES, VOTER REGISTRATION
DATA AND RECORDED DOCUMENT SERVICES
PROVIDED BY THE PIIVIA COUNTY RECORDER.
WHEREAS, the Pima County Recorder is authorized pursuant to A.R.S. §§ 16 -172, 16-
168(E), 11 -475, and 11- 251.08 to charge for election- related services, voter registration data, and
recorded document services; and,
WHEREAS, the Pima County Board of Supervisors has determined that the charges are
appropriate and necessary to cover the costs incurred by the Pima County Recorder in providing
these services; and,
WHEREAS, the Pima County Board of Supervisors has the authority under A.R.S. §I 1-
251.05 to adopt all ordinances necessary or proper to eany out the functions of the County.
NOW TFIEREFORE, BE IT ORDAINED BY THE BOARD OF. SUPERVISORS OF
PIMA COUNTY, ARIZONA:
SECTION 1: it is the intent of this Ordinance to establish fees for election- related
services, voter registration data, and recorded document services provided by the Pima County
Recorder in an amotuit sufficient to defray costs.
SECTION 2: Fees charged by the Pena Cotmty Recorder shall be as follows:
SEE ATTACHMENT.
SECTION 3: This Ordinance shall take effect thirty -one (31) days from the date of
adoption.
SECTION 4: If any provision of this Ordinance, or the application thereof to any person
or circumstance is invalid, the invalidity shall not affect other provisions or applications of this
Ordinance, which can be given meaning without the invalid provision.
Regular Council Meeting - January 4, 2011 - Page 23 of 57 ��
PASSED AND ADOPTED THIS 7th d of April , 2009.
PIVCO Y B OAD OF SUPERVISORS
Chair, Board of Supervisors 4/7/09
ATTEST: APPROVED AS TO FORM:
. . • r' r
Lori Godo�a ,: Vie* of the;Board. Dai3�l- ttr owitz, Deputy County Attorney
REVIEWD.B` -
F. Ann Rodriguez, Pima Coun o er
S
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5
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7
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Regular Council Meeting - January 4, 2011 - Page 24 of 57
P. O. Box 3145 Christopher I Roads
Tucson, AZ 85702- 3145 w rzo,
Chief Deputy Recorder
Located in the Old Courthouse at: F. Ann Rodriguez Registrar of Voters
115 North Church Avenue, Tucson, AZ Pima County Recorder Document Recording: (520) 7404350
Voter Registration: (520) 740 -4330
http: / /www.recorder.pima.gov Recording history one document at a time Fax: (520) 623 -1785
PIX4 COUNTY RECORDER `S CHARGES
For Conducting Jurisdictional Elections
(i.e., Cities, Towns, School Districts, Fire Districts, etc.)
ELECTION COSTS
POLLING PLACE ELECTIONS
Early Ballot Processing $5.75 Each*
Permanent Early Voting List (PEVL) Ballots . $3.00 Each*
Early Ballot Signature Verification . $0.75 Each
Replacement Ballots — Satellite Location $1.50 Each
Replacement Ballots — By Mail $3.00 Each
Signature Roster Printing (per precinct) $18.00 Each
Provisional Ballots $16.00 Each
Conditional Provisional Ballots $5.00 Each
Regular Hours $18.13 Per Hour
Overtime Hours $27.20 Per Hour
Remote Site Computer Linked $400.00 Flat Fee
Remote Voting Site Not Computer Linked $200.00 Flat Fee
ALL BALLOT -BY -MAIL ELECTIONS 1
3
Mailing of Ballots to Every Active Voter
Jurisdiction Under 30,000 Voters $1.95 Each*
Jurisdiction Over 30,000 Voters $2.50 Each*
Replacement Ballots — Satellite Location $1.25 Each
Replacement Ballots — By Mail $3.00 Each
Signature Verification Cost $0.75 Per Signature
Regular Council Meeting - January 4, 2011 - Page 25 of 57
PIMA COUNTY RECORDER'S CIE4RGES
Page 2
ELECTION COSTS (Continued)
PEES APPLICABLE TO ALL ELECTIONS
Voter Registration Maintenance Fee +1 2'/20 Per Voter
Team Votingt $60.00 Per Request
Special Inserts:
Single Page - 8 /Z x 4'/2" $0.02 Per Ballot
(20 lb. paper minimum)
Multiple Pages or larger than 8%i x 4 1 /2" $0.05 Per Ballot
(May also result in additional postage cost for
mailed ballot package due to increased weight)
Mileage will be charged at actual cost based on Pima County Automotive Services Department
Motor Pool charges.
* Includes postage fees for both the mailing of the ballot package and the return mail of the
voted ballot. Postage rate hikes imposed by the United States Postal Service which take
effect after the effective date of this Ordinance and Fee Schedule may result in a fee
increase in the same amount.
N Active and Inactive voters.
f Emergency voting in hospitals, rest homes, care facilities, etc., for homebound voters, voters
unable to vote in polling location, and those who need assistance voting their ballot due to
medical reasons.
JURISDICTIONAL BOUNDARY CHANGES MAPPING
Computer coding $50.00 Per Annexation
Map Geocoding (1 Hour Minimum) $20.00 Per Hour
I
VOTER REGISTRATTONDATA
In addition to the statutory fees for voter data provided in A.R.S., § 16- 168(E), the following fees will be
charged per voter record:
Additional District Assignment Information $ .01
Voting History .02
Voter Change History .02
Regular Council Meeting - January 4, 2011 - Page 26 of 57
PIMA COUNTY RECORDER'S CHARGE'S
Page 3
ELECTION COSTS (Continued)
Age Of Voter $ .02
Mailing Labels (I" X 2.63" — 30 Per Page) .20 Per Label
Computer Programming For Additional Information
Per Hour, 1 Hour Minimum , 50.00
Copying Fee — Includes Redaction Of Confidential Data 1.00 Per Page
Certification Of Voter Registration 10.00 Per Certification
Replacement of Voter ID Card 5.00 Each
RECORDER'S WEB SITE SUBSCRIPTION FEES
For accessing images of recorded documents on the Pima County Recorder's secure web site, the
following subscription fees will apply:
Affidavits of Value Images
$60.00 per month paid 3 months in advance for unlimited number of images.
Recorded Documents Images
Includes Affidavits of Value
A. $100.00 paid in advance for a six -month period for 200 images.
B. Additional increments of 200 documents at $45.00 per increment.
Maps Images
$3.00 per map page payable at least $200.00 in advance.
ADDITIONAL FEES FOR RECORDED .:DOCUMENTS
Direct download of daily indexing $ .01 per Index Reference*
Direct download of daily docket of images,
or Affidavits of Value .02 per image
CD format of daily docket of images or Affidavits of Value .03 per image
Fee to return documents improperly submitted for recordation 3.00 per document
Index Reference consists of the document type, grantor and grantee listing as separate
index references. Minimum fee of $.03 per document for one grantor, one grantee and
document type references. Additional fee charged for additional grantors and grantees.
Regular Council Meeting - January 4, 2011 - Page 27 of 57
PIMA COUNTY RECORDER'S CHARGES
Page 4
CANDIDATE EARL YBALLOT LISTS FEE SCHEDULE
PRIMARY ELECTIONS - State and Federal Elections, Countywide Special Elections
1. Early Ballot request data for State and Federal Primary Elections.
2. Number of Registered Voters determined on the 60 day preceding the Primary Election.
3. Prices shown in Columns 2 and 3 are per Party Affiliation: Democrat, Republican and /or Others.
4. Fees will be calculated in the following manner:
a. Determine which Party data are desired (Democrats, Republicans and /or Others).
b. Determine how many Voters of each Party are registered in the desired District using the figures from
the Recorder's website.
c. Find the row containing that number in Column 1. Use the Price Per Party Affiliation figures in
Column 2 for the Early Ballot List, and the figures in Column 3 for the Returned Ballot List.
d. EXAMPLE: Candidate John Doe subscribes to the list of all Democrats and Independents who request
an Early Ballot in his District. There are 173,280 Democrats and 92,621 Independents. Using the
schedule below, W. Doe will pay $360.00 for Democrats plus $200.00 for Others for the Early Ballot
List. if he decides he wants to also purchase the Returned Ballot List, he will add an additional
$190.00 for Democrats plus $110.00 for Others. His total for the subscription will be $860.00.
5. if the request is for all political parties and Others, and all such ballot returns, then the maximum
charge shall be $1,020.00.
1. NUMBER OFREGISTERED 2. EARLYBALLOTLIST 3. RETURNED BALLOT LIST
VOTERS W DISTRICT PRICE PER PARTYAFFILIATION PRICE PER PARTYAFFILIATION
0-10,000 $ 20.00 $ 20.00
10,001 - 20,000 40.00 30.00
20,00I - 30,000 60.00 40.00
30,001 - 40,000 80.00 50.00
40,001 - 50,000 100.00 60.00
50,001 - 60,000 120.00 70.00
60,001 - 70,000 140.00 80.00
70,001 - 80,000 160.00 90.00
80,001 - 90,000 180.00 100.00
90,001 - 100,000 200.00 110.00
100,001 - 110,000 220.00 120.00
110.001 - 120,000 240.00 130.00
120,001 - 130,000 260.00 140.00
130,001 -- 140,000 280.00 150.00
140,001 - 150,000 300.00 160.00
150,001 -- 160,000 320.00 170.00
160,001 - 170,000 340.00 180.00
170,001 - 180,000 360.00 190.00
180,001 - 190,000 380.00 200.00 7
190,001 - 200,000 400.00 210.00 a
200,001- 210.000 420.00. 220.00 3
210,001 - 220,000 440.00 230.00
220,001- 230,000 460.00 240.00
230.001 - 240.000 1 480.00 250.00
240,001- 250,000 500.00 260.00
250,001- 260,000 520.00 270.00
260.001 -- 270.000 540.00 280.00
270,001- 280,000 560.00 290.00
Regular Council Meeting - January 4, 2011 - Page 28 of 57
PT2WA C'OUNTYRECORDER'S CHARGES
Page 5
CANDIDATE EARLY BALLOT LISTS FEE SCHEDULE
GENERAL ELECTIONS - State and Federal Elections, Cownywide Special Elections
1. Early Ballot request data for State and Federal General Elections.
2. Number of Registered Voters determined on the 60` day preceding the General Election.
3. Prices shown in Columns 2 and 3 are per Party Affiliation: Democrat, Republican and /or Others.
4. Fees will be calculated in the following manner:
a. Determine which Party data are desired (Democrats, Republicans and /or Others).
b. Determine how many Voters of each Party are registered in the desired District using the figures from
the Recorder's website.
c. Find the row containing that number in Column 1. Use the Price Per Party Affiliation figures in
Column 2 for the Early Ballot List, and the figures in Column 3 for the Returned Ballot List.
d. EXAMPLE: Candidate John Doe subscribes to the list of all Democrats and Independents who request
an Early Ballot in his District. There are 173,280 Democrats and 92,621 Independents. Using the
schedule below, Mr. Doe will pay $380.00 for Democrats plus $220.00 for Others for the Early Ballot
List. If he decides he wants to also purchase the Returned Ballot List, he will add an additional
$360.00 for Democrats plus $200.00 for Others. His total for the subscription will be $1,160.00.
5. If the request is for all political parties and Others, and all such ballot returns, then the maximum
charge shall be $1,380.00.
1. NUMBER' OFREGISTERE.D 2. EARLYBALLOT LIST 3. RETURNED BALLOT LIST
VOTERS INDISTRICT PRICE PER PARTYAFFUJATION PRICE PER PARTYAFFILLITION
0-10,000 $ 40.00 $ 20.00
10,001- 20,000 60.00 40.00
20,001 -30,000 80.00 60.00
30,001- 40,000 100.00 80.00
40,001- 50,000 120.00 100.00
50,001 - 60,000 140.00 120.00
60,001 - 70,000 160.00 140.00
70,001- 80,000 180.00 160.00
80,001 - 90,000 200.00 180.00
90,001 - 100,000 220.00 200.00
100,001 - 110,000 240.00 220.00
110,001- 120.000 260.00 240.00
120,001 - 130,000 280.00 260.00
130,001- 140,000 300.00 280.00
140,001 - 150,000 320.00 300.00
150,001 - 160,000 340.00 320.00
160,001 - 170,000 360.00 340.00
170,001 - 180,000 380.00 360.00 5
180,001 - 190,000 400.00 380.00 7
190,001- 200,000 420.00 400.00
200,001- 210,000 440.00 420.00 3
210,001- 220.000 460.00 440.00
220,001 - 230,000 480.00 460.00
230.001 - 240.000 500.00 480.00
240,001 - 250,000 520.00 500.00
250.001 - 260.000 540.00 520.00
260,001 - 270,000 560.00 540.00
270,001- 280,000 580.00 560.00
Regular Council Meeting - January 4, 2011 - Page 29 of 57
PIMA COUNTY RECORDER'S CHARGES
Page 6
CANDIDATE EARL YBALL OTLISTS
FEE SCHED ULE FOR PRIIYL4RY (2 1 fIarch) & GENERAL (May) ELECTIONS
Non -State and Non - Federal Elections
POT.1ING PLACE ELECTRONS
NUMBER OF
REGISTERED VOTERS LIST OF EARLY LIST OF
VOTERSINDISTRICT BALLOT REQUESTS RETURNED BALLOTS
0-10,000 $ 10.00 S 10.00
10,001 - 20,000 20.00 10.00
20.001 - 30,000 30.00 20.00
30,001- 40,000 40.00 30.00
40,001- 50,000 50.00 40.00
50,001 -- 60,000 60.00 50.00
60,001- 70,000 70.00 60.00
70,001- 80,000 80.00 70.00
80,001- 90,000 90.00 80.00
90,001 - 100,000 100.00 90.00
100,001 - 110,000 110.00 100.00
110,001 - 120,000 120.00 110.00
120,001 - 130,000 130.00 120.00
130,001 - 140,000 140.00 130.00
140,001- I50,000 150.00 140.00
150,001 - 160,000 160.00 150.00
160,001 - 170,000 170.00 160.00
170,001 - 180,000 180.00 170.00
180 - 190,000 190.00 180.00
190,001 - 200,000 200.00 190.00
200,001 - 210,000 210.00 200.00
210,001 - 220,000 220.00. 210.00
220,001- 230,000 230.00 220.00
230,001 - 240.000 240.00 230.00
240,001- 250,000 250.00 240.00
250,001 - 260,000 260.00 250.00
260,001 - 270,000 270.00 260.00
I
270,001- 280.000 280.00 270.00
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Regular Council Meeting - January 4, 2011 - Page 30 of 57
PIMA COUNTYRECORDER'S CHARGES
Page 7
CANDIDATE E4RLYBALLOT LISTS
FEE SCHEDULE FOR P- WAIARY (March) & GENERAL (May) ELECTIONS
Non -State and _Non- Federal Elections
ALL BALLOT -BY -MAIL ELECTIONS
NUMBER OF
REGISTERED VOTERS LIST OF EARLY LIST OF
VOTERS INDISTRICT BALLOT REQUESTS RETURNED BALLOTS
0-10,000 $ 40.00 $ 20.00
10.001- 20 60.00 40.00
20,001- 30,000 80.00 60.00
30,001 - 40,000 100.00 80.00
40,001- 50,000 120.00 100.00
50,001 - 60,000 140.00 120.00
60,001 - 70,000 160.00 140.00
70,001 - 80,000 180.00 160.00
80.001-- 90,000 200.00 180.00
90,001 -- 100,000 220.00 200.00
100,001 - 110,000 240.00 220.00
114,001- 120,000 260.00 240.00
120,001 - 130,000 280.00 260.00
130,001 - 140,000 300.00 280.00
140,001 - 150,000 320.00 300.00
150,001- 160,000 340.00 320.00
160,001 - 170,000 360.00 340.00
170,001 - 180,000 380.00 360.00
180,001 - 190,000 400.00 380.00
190,001 -200,000 420.00 400.00
200,001 -- 210,000 440.00 420.00
210,001 - 220,000 460.00 440.00
220,001- 230,000 480.00 460.00
230,001 - 240 500.00 480.00
240,001- 250,000 520.00 500.00
250,001- 260.000 540.00 520.00
260,001- 270,000 560.00 540.00 3
270 280,000 580.00 560.00
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Regular Council Meeting - January 4, 2011 - Page 31 of 57
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, January 4, 2011, 7:00:00 PM
To: Mayor and Council Item C 3
From: T VanHook , Community Development Director
Strategic Plan Focus Area:
Not Applicable
Subject: Resolution No. 2011 -03: Relating to the Marana Municipal Airport; approving and
authorizing the Town Manager to execute a grant amendment with the Arizona
Department of Transportation (Grant No. E5S80) extending the expiration date to
December 31, 2011
Discussion:
In January 2005, the Town executed a grant agreement (ADOT Grant Number E5S80) with the
Arizona Department of Transportation to fund the environmental study required to acquire nearly
250 acres of land at the Marana Municipal Airport for the Runway Protection Zones of the
extended Runway 3 -21, Runway 12R -30L, and Runway 12.
Although much of the work was completed during the initial funding period, delays with reviews
required by the Federal Aviation Administration and other unforeseen setbacks did not allow the
Town to fully expend the allocation prior to the June 30, 2010, deadline. In October, Council
(Resolution No. 2010 -98) approved extension of the agreement to December 31, 2010. After
reevaluating the timeline, the Town has requested a second amendment and ADOT is offering an
extension of the grant agreement through December 31, 2011. Staff are working with consultants
to ensure that the ADOT- funded portion of the project is completed on or before the end of the
proposed extension.
Financial Impact:
Match for the project has been included in the Capital Improvement Projects (CIP) schedule for
FY2010 -2011.
ATTACHMENTS:
Name: Description: Type:
0 ADOT_E5S80_Resolution.doc Resolution Approving ADOT E5S80 Amendment II Resolution
Staff Recommendation:
Staff recommends adoption of Resolution No. 2011 -03 approving and authorizing the Town
Manager to execute a grant amendment with the Arizona Department of Transportation (Grant
No. E5S80) extending the expiration date to December 31, 2011.
Regular Council Meeting - January 4, 2011 - Page 32 of 57
Suggested Motion:
I move to adopt Resolution No. 2011 -03, authorizing the Town Manager to execute a grant
amendment with the Arizona Department of Transportation (Grant No. E5S80) extending
the expiration date to December 31, 2011.
Regular Council Meeting - January 4, 2011 - Page 33 of 57
MARANA RESOLUTION NO. 2011-03
RELATING TO THE MARANA MUNICIPAL AIRPORT; APPROVING AND
AUTHORIZING THE TOWN MANAGER TO EXECUTE A GRANT AMENDMENT WITH
THE ARIZONA DEPARTMENT OF TRANSPORTATION (GRANT NO. E5S80)
EXTENDING THE EXPIRATION DATE TO DECEMBER 31, 2011
WHEREAS A.R.S. § 28 -8411 authorizes the Town Council of the Town of Marana to
undertake all activities necessary to acquire, establish, construct, own, control, lease, equip,
improve, maintain, operate and regulate an airport; and
WHEREAS the Town of Marana executed a grant agreement on January 11, 2005 with
the Arizona Department of Transportation (ADOT) to fund an environmental assessment on
nearly 250 acres of land at the Marana Municipal Airport for the Runway Protection Zones of the
extended Runway 3 -21, Runway 12R -30L, and Runway 12; and
WHEREAS ADOT is offering an amendment to the grant agreement extending the
expiration date until December 31, 2011 to allow the Town to complete work started under the
agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, that the Town Manager is hereby authorized to execute a
grant agreement amendment extending the expiration date until December 31, 2011 and take any
appropriate actions required to complete the requirements for funding under ADOT Grant
No. E5S80.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 0 day of January 2011.
Mayor Ed Honea
ATTEST: APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney
Regular Council Meeting - January 4, 2011 - Page 34 of 57
M
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11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, January 4, 2011, 7:00:00 PM
To: Mayor and Council Item C 4
From: Dorothy O'Brien , Utilities Director
Strategic Plan Focus Area:
Community Building
Strategic Plan Focus Area - Additional Information:
The Community Building focus area of the Marana Strategic Plan contains as an initiative
"secure all necessary water resources and infrastructure."
Subject: Resolution No. 2011 -04: Relating to Utilities; authorizing the Utilities Director to
enter into contracts and to spend up to $10,000 per fiscal year for permitting and
operation of managed in- channel recharge of effluent in the Santa Cruz River
Discussion:
In 2003, the Town entered into an intergovernmental agreement with multiple partners in the
Tucson Active Management Area for the permitting and operation of managed in- channel
recharge of effluent in the Santa Cruz River. The 2003 IGA allowed accrual of underground
storage credits through the recharge of effluent in the Santa Cruz River.
The 2003 IGA covers the general operation of the project. Opportunities exist to augment and/or
enhance the project to the benefit of all partners. For example, the Bureau of Reclamation has
proposed an inexpensive in- stream system designed to increase the amount of percolation,
thereby increasing each member's recharge credit. This small project was not expressly
authorized in connection with the 2003 IGA and staff is requesting Council authorize the Utilities
Director to sign and pay the Town's proportionate share of the currently- pending in- channel
recharge enhancement project as well as approve other similar efforts not exceeding a cumulative
total Town contribution of $10,000 per fiscal year.The Utilities Department seeks funding
authorization only for efforts that directly benefit the Town's water portfolio.
Financial Impact:
Upgrades to the project will be evaluated on a case -by -case basis, with a maximum impact to the
department of up to $10,000 per year.
ATTACHMENTS:
Name: Description: Type:
D Lower SantaC....ruz Project.do..c Resolution Resolution
Regular Council Meeting - January 4, 2011 - Page 35 of 57
Staff Recommendation:
Staff recommends approving the proposed resolution, authorizing the Utilities Director to
execute contracts and authorize expenditures up to $10,000 per fiscal year for permitting and
operation of managed in- channel recharge of effluent in the Santa Cruz River.
Commission Recommendation - if applicable:
This item will be discussed at the next Utilities Commission meeting on January 11, 2011. It
aligns with the general guidance provided by the Commission.
Suggested Motion:
I move to adopt Resolution No. 2011 -04, authorizing the Utilities Director to execute contracts
and authorize expenditures up to $10,000 per fiscal year for permitting and operation of managed
in- channel recharge of effluent in the Santa Cruz River.
Regular Council Meeting - January 4, 2011 - Page 36 of 57
MARANA RESOLUTION NO. 2011-04
RELATING TO UTILITIES; AUTHORIZING THE UTILITIES DIRECTOR TO ENTER
INTO CONTRACTS AND TO SPEND UP TO $10,000 PER FISCAL YEAR FOR
PERMITTING AND OPERATION OF MANAGED IN- CHANNEL RECHARGE OF
EFFLUENT IN THE SANTA CRUZ RIVER
WHEREAS the Town of Marana adopted Resolution No. 2003 -33 on April 15, 2003,
authorizing the Town's execution of an intergovernmental agreement with multiple partners in
the Tucson Active Management Area to permit and operate a project involving managed in-
channel recharge of effluent in the Santa Cruz River, for the purpose of accruing underground
storage credits and improving and expanding the Town's water portfolio; and
WHEREAS an inexpensive enhancement to the project has been proposed for cost -
sharing among the parties to the 2003 intergovernmental agreement, but staff approval of the
enhancement appears to exceed the authority granted by Resolution No. 2003 -33; and
WHEREAS the Town Council finds that it is in the best interests of the residents and
customers of the Town to authorize the Utilities Director to sign contracts that allow the Town to
participate in inexpensive project enhancements without the need to return to the Council for
individual minor project or expense authorization.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, hereby authorizing the Utilities Director to spend up to
$10,000 per fiscal year, beginning with the current fiscal year, for costs to permit and operate
managed in- channel recharge of effluent in the Santa Cruz River, including any activities
reasonably believed to enhance the recharge of effluent.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 4 day of January, 2011.
Mayor Ed Honea
ATTEST: APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney
Regular Council Meeting - January 4, 2011 - Page 37 of 57
A AAA
REGULAR COUNCIL MEETING
MINUTES
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, December 7, 2010, at or after 7:00 PM
Ed Honea, Mayor
Herb Kai, Vice Mayor
Russell Clanagan, Council M : e
Patti Comerford, Council M" ber
Carol McGorray, Counc . ` er 'k
Jon Post, Counci ember
Roxanne Ziegler, ctl Mer�er
REGULAR COUNCIL ° TING
CALL TO ORDER AND ROLL CAIJ �
Mayor Honea called the meeting to or 4 _ .m. Tow ;;F irk Bronson called roll.
All Council Members were present. V
PLEDGE OF ALLEGIA VOCATI OME N OF SILENCE
Led by Mayor Hon'" L
WIN
APPROVAL OF AGE]
Motion to a age yvath p em C.1 from the agenda moved by
Council < ember gray, Zd by Vice Mayor Kai. Council Member Ziegler
aske clarification° ere Mayor Honea stated that staff would be
brirtgtrt a new ag ent t was more beneficial to the town. Council Member
Ziegler as , - or clarific for future items that were removed. Motion carried
unanimousl
CALL TO THE PUBIC
David Morales spoke, noting that December 7`" is the anniversary of Pearl Harbor and
urged Council and the audience to remember those who served. Mr. Morales also urged-
Council to add a measure to the May 17 general election ballot regarding changing
Marana from a town to a city.
PROCLAMATIONS
Brick Dedication Proclamation for Reiko Braxton, who is retiring from the town on
December 31, 2010 after 10 years of service.
Regular Council Meeting - January 4, 2011 - Page 38 of 57 1
December 7, 2010 Council Meeting Minutes
Marana Car Care Day Proclamation, Ms. Bronson read the proclamation as Mayor
Honea gathered with members of the Fleet Services staff for a photograph, and gave
them the original proclamation.
MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS
Council Members Comerford, Ziegler and McGorray and Mayor Honea all
commented on what a nice event the tree lighting ceremony was on Saturday. Council
Member Ziegler noted that she hadn't expected to see so many people.
Council Member Clanagan reported on the new landscaping at the Operations Center
and how it attractive it is.
Council Member McGorray also noted that she and Mayor Honea had attended the
funeral mass for Art Chapa, a long -time leader in the Tucson r . ,, Mayor Honea
noted that St. Augustine's chapel was packed and they had t ding extra chairs in for
seating. "M
Mayor Honea reported on several other events he attendl begs! with a tree
decorating at the Senior Center and reading to the yes in Mel Wright's class at
Barnes &Noble for a love of reading day. He al noted that the Mara roncos, after
winning the regional and state championships heade o the national rida.
He further noted that he and Council Member C rfor ., Josh Wr><ghad lunch
:
with SAHBA staff this week about the economy an s going on in the region. He
said that the meeting was very rewarding. Mayor Hon o mentioned that the mother
of F. Ann Rodriguez, a good friend t wn and the County Recorder, had died,
and he attended that service as well.
'sfM
MANAGER'S REPORT SUMMARY TS
Gilbert Davidson elab the aran ar Care D and how the Fleet Services
staff wanted to b partic ry and sup' rtive of town activities. He noted that this
was an excellent of th dedication t ` r profession and to the town. He also
noted that the Marana u om will a its opening on Saturday at 10:30 a.m.
PRESE
COI AGENDA
Motion ht` by Counci ember Comerford, second by Council Member Clanagan
to approve tit L nsentAg da without item CL Motion carried unanimously.
C 1: es luti 11 .201 12: Relating to Utilities; approving and authorizing the
Utilities Director tc 00 " e Amendment No. 4 and exhibits A, B and C to the
Aggregated Energy Ices Agreement (Contract No. 00- DSR- 11223) by and among
Western Area Powef Administration, Yuma County Water Users' Association, Wellton-
Mohawk Irrigation And Drainage District, Mohave Electric Cooperative, Inc., Eastern
Arizona Preference Pooling Association, and the Town of Marana Utilities Department
C 2: Resolution No. 2010 -113: Relating to Utilities; approving and authorizing the
Mayor to execute an Agreement for Tucson Area Reliability among the Central Arizona
Water Conservation District, The City of Tucson, Flowing Wells Irrigation District,
Metropolitan Domestic Water Improvement District, the Town of Marana and the Town
of Oro Valley
Regular Council Meeting - January 4, 2011 - Page 39 of 57 2
December 7, 2010 Council Meeting Minutes
C 3: Resolution No. 2010 -114: Relating to Personnel; approving and
adopting amendments to the Town's Personnel Policies and Procedures, revising
Chapter 3 - Compensation
C 4: Resolution No. 2010 -115: Relating to Personnel; approving and
adopting amendments to the Town's Personnel Policies and Procedures, revising
Chapter 8 - Termination of Employment
C 5: Minutes of the November 16, 2010 regular council meeting
LIQUOR LICENSES
L 1: Relating to Liquor Licenses; recommendation to the state-J regarding a
Person Transfer #6 (Bar) liquor license application submitte Ruby C. Dove on behalf
of La Tumbleweed Lounge located at 13915 N. Sandarlo act
A ll
L 2: Relating to Liquor Licenses; recommendation sate liquo 4 rd adding
Sampling Privileges to Walgreens #09952, locatedlat 12050 N. Dove tam
Blvd., active Series #9 (Liquor Store) liquor 1 submied by Gary
Ms. Bronson presented both items together, noting th applications were posted
properly and no protests were receive. ` ,5
,�
M F
Motion moved by Council Member d cond by Member Clanagan to
recommend approval to the state liquo�ar tarn' unanimously.
BOARDS, COMMISS s D COMM EES
B 1: Resolution No b10 -1 elating to ards, Commissions and Committees;
approving applicaA - 11 vac positions on A Board of Adjustment and the
Affordable Housing C1 ' A ,qommis bn and re- appointing members to the
y n
Board of Ac��t z�� ��.
2"gg"
Presen by Ms. Br o who fed that both applicants for the vacant positions
met t� r1a for appoi ent, a V , at the re- appointments were requested by the
commtss gg`
Motion moved jr�'ounci, ember McGorray, second by Council Member Clanagan to
appoint Phyllis F :fo the Board of Adjustmentfor a term expiring January 31,
2014 and Lynne Ow s to fill the remainder of Eloise Brown's term which expires
January 31. 2013. at Bill Ohl, Bob Anderson and Jose "Joe "Aranda be re-
appointed to the Board of Adjustment with terms expiring January 31, 2012, and that
Larry Steckler, Lyn Alvarez and John McIntyre be re- appointed to the Board of
Adjustment with terms expiring January 31, 2014. Motion carried unanimously.
B 2: Resolution No. 2010 -117: Relating to Boards, Commissions and Committees;
approving and authorizing the re- appointments of Gary Davidson, John Soper and Joe
Rielly to the District Board of the Red Hawk Canyon Community Facilities District No. 2
Presented by Ms. Bronson.
Regular Council Meeting - January 4, 2011 - Page 40 of 57 3
December 7, 2010 Council Meeting Minutes
Motion moved by Council Member Clanagan, second by Council Member Ziegler to
approve the re- appointments. Motion carried unanimously.
COUNCIL ACTION
A 1: Resolution No. 2010 -118: Relating to the Police Department; appointing Terry
Rozema as Chief of Police of the Marana Police Department
Mr. Davidson presented this item, noting that a nation -wide search for the position of
police chief had taken place, and that Mr. Rozema was still in Washington, DC attending
an FBI academy and could not be present at tonight's meeting. Mr. Rozema will
officially start with the town on January 3, 2011..
Motion to approve the appointment of Terry Rozema as police chief moved by
Council Member Comerford, second by Council Memb A { Clan44 , Motion carried
unanimously.y. 4
n
y
A 2: Resolution No. 2010 -119: Relating to and Ci Vncil; schedu nuary
12, 2011, joint study session with the Oro Va116 n C 1 ..
Mayor Honea noted that many peop were involved its cooperative effort, and that
Oro Valley is considered a sister city ` hom Marana h much in common. The
town has had many partnerships with This is a� � f opportunity to
for an essentially new Council in Oro Va�ey t0 ow out Council and talk about
�% p'
Ir" 6n added that the topics
future projects that will be mutually benef dal
identified by both cou scussion mater resorces, tourism and economic
development and th ngeri rridor. Ma' , of our staff have been meeting with Oro
Valley's staff on fits sm pi and how to et our resorts and special places of
interest throughout the " w, J to the be 'advantage of both municipalities. There
is a piece o orate a ( exists between the two jurisdictions, and
each tow sex inte annexation to close that gap so that we can fully plan
for a istent look el fo ine Road, especially as we look at the RTA.
Tange� one of the ajor jects. Mr. Davidson noted that the date for the
study sess'f� , was original denti led on a Tuesday, and Oro Valley had asked to have it
changed to a nesday s A at their entire Council could attend.
Motion to approve' by Council Member Ziegler, second by Council Member
Clanagan. Motion ried unanimously.
A 3: PUBLIC HEARING: Resolution No. 2010 -120: Relating to Land Development;
adopting the " Marana 2010 General Plan" and calling a special election to be conducted
in conjunction with the anticipated general election to be held May 17, 2011, for voter
ratification of the new general plan as required by state law
Mayor Honea opened the public hearing. Mr. Kish presented a brief overview of the
process to date and the next steps for ratifying the General Plan at the May 17 election.
Mr. Kish highlighted several areas that were improved since the last General Plan was
Regular Council Meeting - January 4, 2011 - Page 41 of 57 4
December 7, 2010 Council Meeting Minutes
adopted. There were no comments from the public, and the Public Hearing was closed
by Mayor Honea.
Motion to approve moved by Council Member McGorray, second by Council Member
Clanagan. Motion carried unanimously.
ITEMS FOR DISCUSSION/POSSIBLE ACTION
D 1: Resolution No. 2010 -121: Presentation: Relating to Heritage; creating the Ora
Mae Ham Crystal Legacy Award for exemplary volunteer service to the Marana
community
Presented by Mr. Davidson and Ms. Bronson. Ms. Bronson d the process of
establishing a nominating review committee, and indicated t the she, Tom Ellis and
Diane Mangialardi were the ad hoc group to get the pro d. She gave an
overview of the process to date and presented the d n'ncept g that the design
was still in progress. Council thanked the team for ai work b s project. Mr.
Davidson noted that once the review committees established and s led their first
meeting, Council could offer additional co on the - sign.
z
g r
Motion moved by Council Member Clanagan, s by, . '._ Mayor Katpprove the
creation of the Ora Mae Harn Crystal Legacy Awa to move forward in the
process.
,..:
D 2: Legislative /Intergovernmental Re ding all p estate and federal
legislation and report on recent meetings" of P ; dative b, dies
Josh Wright presente ing team\ will be marking on the town's behalf at
the Legislature this r. He g duced threof the 11- member team from
TriAdvocates: MiI " dner, ;`'lie Rees an d n Harper. Ms. Rees spoke on behalf
of the entire team and t d for thei "portunity to represent Marana's interests
at the state 1 e and by
ME
EXECU L SESSIONS '
Motion to g ` executwl ession on item E2 and E3 moved by Council Member
Clanagan, seco Co it Member McGorray. Motion carried unanimously.
,7 "
Council left the dais' /:51 p.m.
Council returned to tide dais at 9:42 p.m.
E l: 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 (1) the lawsuit entitled
Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa
Regular Council Meeting - January 4, 2011 - Page 42 of 57 5
December 7, 2010 Council Meeting Minutes
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
No action required.
E 3: Executive session pursuant to A.R.S. §38431.03 (A)(3) for discussion or
consultation for legal advice with the Town's attorneys regarding possible annexation at
Twin Peaks Road and Interstate 10
No action required.
01 O N
Vice Mayor Kai was excused before adjournment.
^
FUTURE AGENDA ITEMS
ADJOURNMENT
Motion to adjourn moved by Council Memb pagan° econd by Cou ember
McGorra . Motion carried unanimous) 6- "
U p
y y
The meeting was adjourned at 9:43 p
CERTIFICATION .
I hereby certify that the foregoing are t correct m1 `of the Marana Town
Council meeting held on December 7, 26 I rtify t, t a quorum was present.
W A
Jocelyn C. Bronson wn C]7
14-, W 1111
' S.
OR
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5 - mss .
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Regular Council Meeting - January 4, 2011 - Page 43 of 57 6
December 7, 2010 Council Meeting Minutes
I
MARANA
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, January 4, 2011, 7:00:00 PM
To: Mayor and Council Item B 1
From: Jocelyn Bronson , Town Clerk
Strategic Plan Focus Area:
Community Building
Strategic Plan Focus Area - Additional Information:
This action aligns with the goal of having citizens involved and connected with the town to help
provide a safe and viable community.
Subject: Resolution No. 2011 -05: Relating to Boards, Commissions and Committees;
approving an appointment and re- appointments to the Utilities Citizen Advisory
Commission
Discussion:
Pursuant to ordinance adopted in 2009, the Council may consider appointing applicants to fill
vacant positions on citizen boards, commissions and committees. Requests for re- appointments
may also be considered.
Currently, there is a vacancy on the Utilities Citizen Advisory Commission due to the resignation
of Devin Murphy, whose term expires January 31, 2011_
The application of Forrest Hancock was forwarded to the Town Clerk's office for consideration.
Mr. Hancock presently serves on the town's Business and Economic Development Advisory
Commission. Travel required by his job prevents him from attending meetings of that
commission on a regular basis. However, the Utilities Citizen Advisory Commission meetings
coincide with Mr. Hancock's availability. Mr. Hancock desires to continue serving the Council
as a citizen member of a commission. Therefore, he would like to resign from the Business and
Economic Development Commission and be appointed to the Utilities Commission.
Joe Reilly serves on the Utilities Citizen Advisory Commission. His term expires January 31,
2011. Mr. Reilly has requested that his appointment be extended for another four -year term. If
approved, the terms of Mr. Hancock and Mr. Reilly would expire January 31, 2015.
ATTACHMENTS:
Name: Description: Type:
❑ Utilities CAC amointments_2011.D0C Resolution Resolution
Regular Council Meeting - January 4, 2011 - Page 44 of 57
Staff Recommendation:
Staff has reviewed the application of Forrest Hancock and the request for re- appointment from
Joe Reilly and find that they meet the established requirements. Staff therefore recommends the
following:
1. That Forrest Hancock be appointed to the Utilities Citizen Advisory Commission, with a term
expiring January 31, 2015.
2. That Joe Reilly be re- appointed to the Utilities Citizen Advisory Commission, with a term
expiring January 31, 2015.
Suggested Motion:
I move to adopt Resolution No. 2011 -05, approving the appointment of Forrest Hancock and the
re- appointment of Joe Reilly to the Utilities Citizen Advisory Commission, with terms expiring
January 31, 2015.
Regular Council Meeting - January 4, 2011 - Page 45 of 57
MARANA RESOLUTION NO. 2011-05
RELATING TO BOARDS, COMMISSIONS AND COMMITTEES; APPROVING AN
APPOINTMENT AND RE- APPOINTMENTS TO THE UTILITIES CITIZEN ADVISORY
COMMISSION
WHEREAS Marana Town Code Section 2 -6 -2 establishes the procedure for Mayor and
Council appointments to boards, commissions and committees; and
WHEREAS the Mayor and Council desire to fill existing vacancies and find that the
appointments addressed by this resolution are in the best interest of the town and its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, as follows:
SECTION 1. That Forrest Hancock be appointed to the Utilities Citizen Advisory
Commission with a term expiring January 31, 2015.
SECTION 2. That Joe Reilly be re- appointed to the Utilities Citizen Advisory Commission
with a term expiring January 31, 2015.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 4 th day of January, 2011.
Mayor Ed Honea
ATTEST: APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney
Regular Council Meeting - January 4, 2011 - Page 46 of 57
`" .
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, January 4, 2011, 7:00:00 PM
To: Mayor and Council Item A 1
From: Josh Wright , Assistant to the Town Manager
Strategic Plan Focus Area:
Not Applicable
Subject: Resolution No. 2011 -06: Relating to Intergovernmental Relations; adopting a 2011
Town of Marana legislative program and authorizing and directing those authorized to
lobby on behalf of the Town of Marana to represent pursue it
Discussion:
Establishing an approved legislative program is a critical step in ensuring that the Town of
Marana's voice is heard during the 2011 State of Arizona legislative session, which will begin in
January. The legislative program provides guidance to Town staff and retained lobbyists in
pursuing an agenda that will provide the Town Council the flexibility to manage local affairs and
maintain critical programs and services for Marana residents.
The proposed 2011 legislative program reflects current issues facing municipalities across
Arizona as well as Marana as a unique entity. The program was developed with input from the
League of Arizona Cities and Towns' 2011 Municipal Policy Statement and staff from multiple
town departments.
Financial Impact:
None.
ATTACHMENTS:
Name: Description: Type:
0 r.eso...lu,tion, Ieg_priorities_201.1._DOC Resolution Resolution
Staff Recommendation:
Staff recommends adoption of the resolution.
Suggested Motion:
I move to adopt Resolution No. 2011 -06, adopting a 2011 Town of Marana legislative program
and authorizing and directing those authorized to lobby on behalf of the Town of Marana to
represent and pursue it.
Regular Council Meeting - January 4, 2011 - Page 47 of 57
MARANA RESOLUTION NO. 2011-06
RELATING TO INTERGOVERNMENTAL RELATIONS; ADOPTING A 2011 TOWN OF
MARANA LEGISLATIVE PROGRAM AND AUTHORIZING AND DIRECTING THOSE
AUTHORIZED TO LOBBY ON BEHALF OF THE TOWN OF MARANA TO REPRESENT
AND PURSUE IT
BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF
MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. Those persons authorized by the Town of Marana to lobby on its behalf and
registered as such with the Arizona Secretary of State pursuant to Arizona Revised Statutes
§ 41 -1231 et seq. (the "Town Lobbyists ") are hereby authorized and directed, subject to the
continuing supervision of the Town Manager and the Town Council, to represent and pursue the
legislative interests of the Town of Marana by supporting legislation that embodies any of the
following basic principles:
A. Protects state - shared revenues that fund essential services and strengthen local economies.
B. Maintains local control while seeking partnership between municipalities and the State.
C. Empowers the Town of Marana with sufficient flexibility to address an expanding and
changing variety of local needs and conditions.
D. Establishes appropriate means to adequately compensate the Town for the costs of complying
with state - mandated requirements.
E. Provides the Town with the means to cope with unfunded mandates, cost increases,
population growth and escalating service requirements.
F. Enables the Town to provide public services in a more responsive, efficient and cost -
effective manner.
G. Ensures that the Town has the ability to provide, manage or operate critical infrastructure
necessary to promote or maintain the health and safety of residents, preserve and direct land
use and ensure the future sustainability of the community.
SECTION 2. In addition to those basic principles set forth in Section 1 of this resolution,
the Town Lobbyists are authorized and directed to pursue the following specific objectives:
A. Support the maintenance and/or restoration of existing sources of transportation funding for
municipalities, including the Highway User Revenue Fund (HURF) and Local Transportation
Assistance Fund (LTAF) I and II.
Regul M9 -0anuary 4, 2011 - Page 48 of 57 _ 1 _ 2011 Legislative Priorities
B. Support the maintenance, restoration and/or expansion of existing economic development
programs and funding — including the Enterprise Zone program, Government Property Lease
Excise Tax (GPLET) and Arizona Job Training Program — and the creation of new programs
and tools to support local economic development.
C. Support efforts to preserve access to water for municipal governments, including
continuation of statutory responsibility to develop and manage water resources in order to
provide existing and future residents with appropriate levels of service.
D. Support legislation to create a mechanism by which cities and towns may "opt -out" of
county - controlled systems and special taxing districts that no longer serve a municipality's
best interests, including provisions to purchase public infrastructure and facilities from the
county upon termination of the relationship.
SECTION 3. Legislation that is inconsistent with any of the basic principles or objectives
set forth in Sections I and 2 above should be opposed or appropriate amendments pursued.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 4 day of January, 2011.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Regulkr f&ce hq - 0 4anuary 4, 2011 - Page 49 of 57 -2- 2011 Legislative Priorities
� ANA
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, January 4, 2011, 7:00:00 PM
To: Mayor and Council Item A 2
From: Kevin Kish , General Manager Development Services
Strategic Plan Focus Area:
Not Applicable
Subject: Resolution No. 2011 -07: Relating to Development; approving and authorizing the
Mayor to execute the Second Amendment to the Foothills Development Agreement
with Tapestry Properties III, L.L.C., regarding the Foothills (Tapestry) development
project
Discussion:
The Foothills Development Agreement was approved by the Town Council on December 5,
2006, and amended December 2, 2008.
The applicant is requesting two changes to the development agreement as amended.
The first requested change pertains to the lot size. Currently, the average size for each lot in the
Tapestry Estates Phase II is 144,000 square feet (3.3 acres) and the minimum size is 65,340
square feet (1.5 acres). The amendment requested would reduce the average lot size to 87,120
square feet (2.0 acres) and the minimum to 43,560 square feet (1.0 acre). This would result in an
increase in the number of lots. The development standards that this area is required to follow
would also change from the R -80 to the R -36 zoning classification.
The second requested change pertains to the Medium Density Residential Area or Phase I. The
current size of this area is 35.7 acres. The applicant is requesting to increase the site area to 38.2
acres. This would allow an increase of approximately two lots while maintaining an average lot
size of 20,000+ square feet, well above the required 16,000. The applicant has also requested
that an additional 10% of area may be used for this phase with the Planning Director's approval.
This additional disturbance is only a reallocation between areas and will not exceed the overall
155 acres of disturbance for the entire project.
ATTACHMENTS:
Name: Description: Type:
❑ Resolution_Foothills DA (2).doc Resolution Resolution
I] Second Amend__ment_to Tapestry DA
(00024.5.57) DOC Exh A to Reso: 2nd Amend to Foothills DA Exhibit
Staff Recommendation:
Regular Council Meeting - January 4, 2011 - Page 50 of 57
Staff recommends adoption of Resolution 2011 -07, approving and authorizing the Mayor to
execute the Second Amendment to the Foothills Development Agreement.
Suggested Motion:
I move to adopt Resolution No. 2011 -07, approving and authorizing the Mayor to execute the
Second Amendment to the Foothills Development Agreement.
Regular Council Meeting - January 4, 2011 - Page 51 of 57
MARANA RESOLUTION NO. 2011-07
RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING THE MAYOR TO
EXECUTE THE SECOND AMENDMENT TO THE FOOTHILLS DEVELOPMENT
AGREEMENT WITH TAPESTRY PROPERTIES III, L.L.C., REGARDING THE FOOTHILLS
(TAPESTRY) DEVELOPMENT PROJECT
WHEREAS, the Mayor and Council find that the terms and conditions of the Second
Amendment to Foothills Development Agreement with Tapestry Properties III, L.L.C., are in the
best interest of the Town.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, that the Second Amendment to Foothills Development
Agreement between the Town of Marana and Tapestry Properties III, L.L.C., attached to and
incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Mayor
is hereby authorized to execute it for and on behalf of the Town of Marana.
IT IS FURTHER RESOLVED that the Town's Manager and staff are hereby directed and
authorized to undertake all other and further tasks required or beneficial to carry out the terms,
obligations, and objectives of the aforementioned agreement.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 4 h day of January, 2011.
Mayor Ed Honea
ATTEST: APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney
Regular Council Meeting - January 4, 2011 - Page 52 of 57
SECOND AMENDMENT TO FOOTHILLS DEVELOPMENT AGREEMENT
TOWN OF MARANA, ARIZONA
THIS SECOND AMENDMENT TO FOOTHILLS DEVELOPMENT AGREEMENT (this "Second
Amendment ") is made by and between the TowN of MARANA, an Arizona municipal corporation
(the "Town ") and TAPESTRY PROPERTIES III, L.L.C., an Arizona limited liability company (the
"Developer "). The Town and the Developer are collectively referred to in this Second Amend-
ment as the "Parties," any one of which is sometimes individually referred to as a "Party."
RECITALS
A. The Parties entered into the Foothills Development Agreement on December 5, 2006,
and it was recorded in the Pima County Recorder's office on December 6, 2006 at Docket 12945,
Page 5263 (the "Original Agreement ").
B. The Original Agreement was amended by the First Amendment to Foothills Devel-
opment Agreement dated December 2, 2008, and recorded in the Pima County Recorder's office
on December 30, 2008, at Docket 13464, Page 394 (the "First Amendment ").
C. This Second Amendment is a "development agreement" under A.R.S. § 9- 500.05 re-
lating to and affecting the development of the Property, as described in the Original Agreement.
D. The Town and the Developer acknowledge that the development of the Property pur-
suant to this Second Amendment will result in planning and economic benefits to the Town and
its residents.
E. The Developer has made, and by this Second Amendment will continue to make, a
substantial commitment of resources for public and private improvements on the Property.
F. This Second Amendment is consistent with the portions of the Town's General Plan
that apply to the Property.
AGREEMENT
Now, THEREFORE, in consideration of the foregoing premises and the mutual promises
and agreements set forth in this Second Amendment, the Parties hereby agree as follows:
Article 1. Effect on the Original Agreement and the First Amendment.
I.I. Modification The provisions of the Original Agreement and the First Amendment
shall remain in effect except as specifically modified by the provisions of this Second Amend-
ment.
Article 2. Modification of Land Use Restrictions.
2.1. General The average lot size in paragraph 1.1 of the Original Agreement is reduced
from 144,000 square feet (3.3 acres) to 87,120 square feet (2.0) acres and the minimum lot size
in paragraph 1.1 of the Original Agreement is reduced from 65,340 square feet (1.5 acres) to
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I
43,560 square feet (1.0 acre). Except for lot size, the development standards for residential de-
velopment under the Town's R -36 zoning classification shall apply to this area.
2.2. Medium - Density Residential Area The size of the Medium - Density Residential Area
identified in paragraph 1.2 of the Original Agreement, as amended by paragraph 2.3 of the First
Amendment, is increased from 35.7 acres to 38.2 acres. The size of the Medium - Density Resi-
dential Area may be increased by up to an additional 3.82 acres upon written approval of the
Town's Planning Director, so long as the total number of lots in the Medium - Density Residential
Area does not exceed 63.
Article 3. Proposition 207 Waiver
Developer hereby waives any claim it may have (if any) under the Private Property Rights
Protection Act adopted by initiative in 2006 as "Proposition 207," including specifically but
without limitation any potential claim under A.R.S. § 12 -1134, for any change or reduction in the
Developer's right to use, divide, sell or possess the Property resulting from this Second Amend-
ment.
Article 4. General Terms and Conditions.
4.1. Term This Second Amendment shall become effective upon its execution by all the
Parties and the effective date of the resolution or action of the Town Council approving this
Second Amendment (the "Effective Date "). The term of this Second Amendment shall begin on
the Effective Date and, unless sooner terminated by the mutual consent of the Parties, shall au-
tomatically terminate and shall thereafter be void for all purposes on the termination date of the
Original Agreement.
4.2. Incorporation of Provisions and Boilerplate All provisions of the Original Agree-
ment and the First Amendment not modified by this Second Amendment are incorporated here
by this reference. The interpretation of incorporated provisions and boilerplate shall not be af-
fected by the fact that some provisions and boilerplate are, for convenience or emphasis, restated
or reiterated in this Second Amendment.
4.3. Entire Agreement The Original Agreement as amended by the First Amendment and
this Second Amendment constitute the entire agreement between the Parties pertaining to the
subject matter of the Original Agreement, the First Amendment and this Second Amendment.
All prior and contemporaneous agreements, representation and understanding of the Parties, oral
or written, are hereby superseded and merged in the Original Agreement as amended by the First
Amendment and this Second Amendment.
4.4. Authority Each Party represents and warrants that the individual executing this
Second Amendment on its behalf is authorized and empowered to bind the Party on whose be-
half each such individual is signing.
4.5. Interpretation This Second Amendment has been negotiated by the Town and the
Developer, and no party shall be deemed to have drafted this Second Amendment for purposes of
construing any portion of this Second Amendment for or against any party.
4.6. Recordation The Town shall record this Second Amendment in its entirety in the of-
fice of the Pima County Recorder no later than ten days after it has been executed by the Town
and the Developer.
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4.7. No Developer Representations Except as specifically set forth in this Second
Amendment, nothing contained in this Second Amendment shall be deemed to obligate the Town
or the Developer to complete any part or all of the development of the Property.
4.8. Approval If any Party is required pursuant to this Second Amendment to give its
prior written approval, consent or permission, such approval, consent or permission shall not be
unreasonably withheld or delayed.
4.9. Conflict of Interest This Second Amendment is subject to A.R.S. § 38 -511, which
provides for cancellation of contracts in certain instances involving conflicts of interest.
IN WITNESS WHEREOF, the Parties have executed this Second Amendment as of the last date
set forth below their respective signatures.
TOWN: DEVELOPER:
THE TOWN OF MARANA, an Arizona TAPESTRY PROPERTIES III, L.L.C., an
municipal corporation Arizona limited liability company
By: FOOTHILLS MARANA, L.L.C., an
Arizona limited liability company, a
By: Member
Ed Honea, Mayor By: TOWN WEST REALTY, INC., an
Date: Arizona corporation, its Manager
By:
ATTEST:
Title:
Date:
Jocelyn C. Bronson, Clerk
By: GEORGIO L.L.C., an Arizona limited
liability company, a Member
By:
APPROVED AS TO FORM: George Costantini, Manager and
Member
Frank Cassidy, Town Attorney Date:
By: FUTURE OF NEW MEXICO, L.P., a De-
laware limited partnership, a Mem-
ber
By:
Peter Fasseas, General Partner
Date:
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Regu w9lA%Vftm "fd&AfL'N*X5 of 57 -3- 12/27/201011:32 AM
STATE OF ARIZONA )
ss
County of Pima )
The foregoing instrument was acknowledged before me on , 20 _____.1 by
, as of TOWN WEST
REALTY, INC., an Arizona corporation, Manager of FOOTHILLS MARANA, L.L.C., an Arizona li-
mited liability company, a Member of TAPESTRY PROPERTIES, III, L.L.C., an Arizona limited lia-
bility company, on behalf of the LLC.
My commission expires:
Notary Public
STATE OF ARIZONA )
ss
County of Pima )
The foregoing instrument was acknowledged before me on , 20 by
George Costantini, Manager and Member of GEoRGio L.L.C., an Arizona limited liability com-
pany, a Member of TAPESTRY PROPERTIES, III, L.L.C., an Arizona limited liability company, on
behalf of the LLC.
My commission expires:
Notary Public
STATE OF ARIZONA )
ss
County of Pima )
The foregoing instrument was acknowledged before me on , 20 by
Peter Fasseas, General Partner of FUTURE OF NEW MEXICO, L.P., a Delaware limited partnership,
a Member of TAPESTRY PROPERTIES, III, L.L.C., an Arizona limited liability company, on behalf
of the LLC.
My commission expires:
Notary Public
{00024557.DOC /}
RegulagLfeMOlAMOMM�RV" fCMArLTAgbX6 of 57 -4- 12/27/201011:32 AM
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, January 4, 2011, 7:00:00 PM
To: Mayor and Council Item D 1
From: Gilbert Davidson , Town Manager
Strategic Plan Focus Area:
Not Applicable
Subject: Legislative/Intergovernmental Report: 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:
No Attachments Available
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 - January 4, 2011 - Page 57 of 57