HomeMy WebLinkAbout03/01/2011 Council Agenda Packet f"�N
ARANA
MARANA TOWN COUNCIL
REGULAR COUNCIL MEETING
NOTICE AND AGENDA
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, March 1, 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 courte t o others, please turn off o put in si lent mode all pagers and celljhones.
Meeting
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.
Sp eaking a t 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.
A_ c cessibilit y
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 - March 1, 2011 - Page 1 of 87
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, February 28, 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.
Individuals addressing a meeting at the call to the public will not be provided with electronic
technology capabilities beyond the existing voice amplification and recording capabilities in the
facilities and the town's overhead projector /document reader. 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
Girl Scout Week Proclamation
MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS
MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS
PRESENTATIONS
CONSENT AGENDA
The Consent Agenda contains items requiring action by the Council which are generally routine
items not requiring Council discussion. A single motion will approve all items on the Consent
Regular Council Meeting - March 1, 2011 - Page 2 of 87
agenda, including any resolutions or ordinances. A Council Member may remove any issue from
the Consent agenda, and that issue will be discussed and voted upon separately, immediately
following the Consent agenda.
C 1: Reso No. 2 0-1_1. -3 Relating to Development; approving a release of
assurances for Gladden Farms Block 8 and acceptance of public improvements for
maintenance (Keith Brann)
C 2: Resolution No .. 20 -32: Relating to the Environment; approving and
authorizing the Mayor to execute an agreement with Tucson Audubon Society for
borrow pit restoration (Janine Spencer)
C 3: Minutes of the February 8, 2011 special council meeting, the February 9, 2011
Joint Marana/Oro Valley study session and February 15, 2011 regular council
meeting
LIQUOR LICENSES
BOARDS, COMMISSIONS AND COMMITTEES
COUNCIL ACTION
Al: Resolution No. 2011 -33: Relating to Marana Regional Airport; approving and
authorizing the Public Works Director to execute an Apron Use Permit Agreement
between the Town of Marana and Southern Arizona Sports Car Club, Inc. for a series
of non - aeronautical special events at the airport; and authorizing town staff to
execute other similar agreements for future non - aeronautical special event series at
the airport (Barbara Johnson)
A 2: Ordinance No. 2011.08 Relating to Council; amending Marana Town Code
section 24-1 (A) to eliminate the requirement that a council meeting must be held on
the third Tuesday of every month and establishing procedures by which the Mayor,
Council Members and the Town Manager may request additional meetings as
necessary (Cedric Hay)
A 3: Resolution No. 2 011 -34: Relating to Utilities; requesting the City of Tucson
to include a Stored Water Credits surcharge in the water rates charged to Tucson
Water customers within the town limits of the Town of Marana (Dorothy O'Brien)
ITEMS FOR DISCUSSION /POSSIBLE ACTION
D 1: Le gislative /Intergovernmenta Res 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.
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
Regular Council Meeting - March 1, 2011 - Page 3 of 87
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
E 3: Executive session pursuant to A.R.S. § 38- 431.03(A)(3) and (4) to discuss and
consult for legal advice with the town's attorneys and to consider the town's position
and give direction concerning the application and handling of Park Development
Impact Fees collected within the Dove Mountain area
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 - March 1, 2011 - Page 4 of 87
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11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, March 1, 2011, 7:00:00 PM
To: Mayor and Council Item C 1
From: Keith Brann , Town Engineer
Strategic Plan Focus Area:
Not Applicable
Subject: R esolution No. 2011 -31: Relating to Development; approving a release of assurances
for Gladden Farms Block 8 and acceptance of public improvements for maintenance
Discussion:
This Resolution will release the Assurance between Gladden Forest LLC and Fidelity Title
Agency, under Trust No. 30,212 and the Town of Marana, regarding Gladden Farms Block 8.
Gladden Farms Block 8 is comprised of lots 1 through 53, common areas `A -1' through `A -9',
`B -1' through `B -4' and `C -1', and is recorded at the Pima County Recorder's Office in Book 61
of Maps and Plats, Page 77. In releasing said Assurances, the Town of Marana will accept for
maintenance, including regulatory traffic control signs and street signs, approximately 0.43 miles
of the following paved streets:
McCandless Drive
Fordson Drive
Boscombe Drive
Green Oak Drive
Scudamore Drive
The Town would also accept for maintenance a potable water system, including 2,878 linear feet
of potable and non - potable water line, water meters, appurtenances, valves, and fire hydrants, for
the above referenced project with an estimated value of $195,774.94.
Financial Impact:
Maintenance funding for these improvements has been budgeted to the Public Works Department
- Operations & Maintenance Division.
ATTACHMENTS:
Name: Description: Type:
E] Resolution-
110202 GF Blk 08.doc Resolution Resolution
O GF_BLK8_Exhibit A.pdf Exhibit A Exhibit
Staff Recommendation:
Regular Council Meeting - March 1, 2011 - Page 6 of 87
Staff recommends adoption of the resolution.
Suggested Motion:
I move to adopt Resolution No. 2011 -31; approving a release of assurances for Gladden Farms
Block 8 and acceptance of public improvements for maintenance.
Regular Council Meeting - March 1, 2011 - Page 7 of 87
MARANA RESOLUTION NO. 2011 -31
RELATING TO DEVELOPMENT; APPROVING A RELEASE OF ASSURANCES FOR
GLADDEN FARMS BLOCK 8 AND ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR
MAINTENANCE
WHEREAS, Gladden Farms Block 8 is a 14.49 acre subdivision located north of
Tangerine Farms Road and west of Gladden Farms Drive, containing lots 1 -53, common areas
`A -1' through `A -9', `B -1' through `B -4' and `C -1' and is recorded at the Pima County
Recorder's Office in Book 61 of Maps and Plats, Page 77; and
WHEREAS, the Town has an Assurance Agreement assuring the completion of public
improvements; and
WHEREAS, Gladden Forrest, L.L.C., has completed the public improvements acceptable
to Town standards in accordance with the Assurance Agreement for Gladden Farms Block 8.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA AS FOLLOWS:
SECTION 1. Gladden Farms Block 8 is hereby released from the Assurance Agreements with
Fidelity National Title Agency, Inc., under Trust 30,212.
SECTION 2. The Town accepts for maintenance, including maintenance of regulatory traffic
control and street signs, approximately 0.43 miles of the following paved streets as shown on
Exhibit A:
McCandless Drive, Fordson Drive, Boscombe Drive, Green Oak Drive, and Scudamore
Drive
SECTION 3. The Town accepts for maintenance a potable water system, including 2,878 linear
feet of potable and non - potable water line, water meters, appurtenances, valves, and fire
hydrants, for the above referenced project with an estimated value of $195,774.94.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 1 St day of March, 2011.
Mayor Ed Honea
ATTEST: APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney
Regular Council Meeting - March 1, 2011 - Page 8 of 87
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MAR ANA
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, March 1, 2011, 7:00:00 PM
To: Mayor and Council Item C 2
From: Janine Spencer , Environmental Project Coordinator
Strategic Plan Focus Area:
Recreation
Strategic Plan Focus Area - Additional Information:
The Marana Strategic Plan contains multiple references to habitat conservation as well as
completion of amenities and facilities along the Santa Cruz River shared use path.
Subject: Resolution No. 2011 -32 Relating to the Environment; approving and authorizing the
Mayor to execute an agreement with Tucson Audubon Society for borrow pit
restoration
Discussion:
The Town owns an 80 -acre former borrow pit site along the Santa Cruz River, adjacent to a small
neighborhood park at the north end of the Continental Ranch river path. The agreement proposed
by this item would pay Tucson Audubon Society an amount not to exceed $40,600 to assess,
design, restore, and stabilize habitat at the borrow pit site.
The $40,600 in funding for this item will be paid from mitigation funds currently held by the
Town and required to be used solely for habitat restoration purposes. The Town received these
funds from Kinder Morgan and AT &T as a result of an agreement with the U.S. Fish & Wildlife
Service, which required habitat restoration as a condition of clearing activities that occurred
while the cactus ferruginous pygmy owl was on the endangered species list.
Financial Impact:
This item will have no practical financial impact. The Town currently holds funds in the CIP
budget that are required to be used for habitat restoration purposes. This item will be paid for out
of those funds.
ATTACHMENTS:
Name: Description: Type:
O Reso Tucson _Audubon Agreement_
(00025379). DOC Resolution Resolution
❑ AGT Tucson_Audobon Riparian_Restoration_
(00025368).DOC Exh A to Reso: Borrow Pit Restoration Agreement Exhibit
Regular Council Meeting - March 1, 2011 - Page 10 of 87
Staff Recommendation:
Staff recommends adoption of Resolution No. 2011 -32, approving and authorizing the Mayor to
execute the Marana borrow pit restoration agreement with Tucson Audubon Society.
Suggested Motion:
I move to adopt Resolution No. 2011 -32; approving and authorizing the Mayor to execute the
Marana borrow pit restoration agreement with Tucson Audubon Society.
Regular Council Meeting - March 1, 2011 - Page 11 of 87
MARANA RESOLUTION NO. 2011 -32
RELATING TO THE ENVIRONMENT; APPROVING AND AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT WITH TUCSON AUDUBON SOCIETY FOR BORROW PIT
RESTORATION
WHEREAS the Town owns land formerly used as a borrow pit located along the Santa Cruz
River in the north half of the northeast quarter of Section 17, Township 12 South, Range 12 East,
Gila and Salt River Base and Meridian, Pima County, Arizona, Assessor's Parcel Numbers
226 -03 -0120 and -0130 (the "Borrow Pit "); and
WHEREAS Tucson Audubon Society is an Arizona non - profit corporation devoted to
conservation of birds and their habitats; and
WHEREAS the Town and Tucson Audubon Society desire for Tucson Audubon Society to
assess, design, restore, and stabilize habitat at the Borrow Pit; and
WHEREAS the funding for this item will be paid from mitigation funds currently held by the
Town and required to be used solely for habitat restoration purposes; and
WHEREAS the Mayor and Council find that the best interests of the Town of Marana and its
citizens are served by the approval and execution of the agreement between the Town and
Tucson Audubon Society for restoration of the Borrow Pit.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, that the "Agreement between the Town of Marana and
Tucson Audubon Society for Borrow Pit Restoration" attached to and incorporated by this reference
in this resolution as Exhibit A is hereby approved, the Mayor is hereby authorized and directed to
execute it for and on behalf of the Town of Marana, and the Town's Manager and staff are hereby
directed and authorized to undertake all other and further tasks required or beneficial to carry out the
terms, obligations, and objectives of the agreement.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 1 s' day of March, 2011.
Mayor Ed Honea
ATTEST: APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney
Regular Council Meeting - March 1, 2011 - Page 12 of 87
AGREEMENT BETWEEN THE TOWN OF MARANA AND
TUCSON AUDUBON SOCIETY FOR BORROW PIT RESTORATION
THIs AGREEMENT is entered into by and between the Town of Marana, an Arizona municipal
corporation, with its principal offices at 11555 West Civic Center Drive, Marana, Arizona 85653
(the "Town "), and TUCSON AUDUBON SOCIETY, an Arizona non -profit corporation, with its prin-
cipal offices at 300 East University Boulevard #120, Tucson, Arizona 85705 ( "Tucson Audu-
bon"). The Town and Tucson Audubon are sometimes collectively referred to in this Agreement
as the "Parties," either of which is sometimes individually referred to as a "Party."
RECITALS
A. The Town is an Arizona municipal corporation that owns land formerly used as a borrow
pit located along the Santa Cruz River in the north half of the northeast quarter of Section 17,
Township 12 South, Range 12 East, Gila and Salt River Base and Meridian, Pima County, Ari-
zona, Assessor's Parcel Numbers 226 -03 -0120 and -0130 (the "Borrow Pit ").
B. Tucson Audubon is an Arizona non - profit corporation devoted to conservation of birds
and their habitats.
C. The Town and Tucson Audubon desire for Tucson Audubon to assess, design, restore, and
stabilize habitat at the Borrow Pit in the manner more specifically described in this Agreement
and generally referred to in this Agreement as the "Work."
D. The Town is authorized under Arizona Revised Statutes section 34 -201 (F) (2) to con-
struct recreational projects, including trails, playgrounds, ballparks and other similar facilities
and excluding buildings, structures, building additions and alterations to buildings, structures and
building additions, with volunteer workers or workers provided by a nonprofit organization
without advertising for bids for labor and materials, provided that the total cost of the work does
not exceed $150,000 in 2001 dollars.
E. Tucson Audubon's performance of the Work as set forth in this Agreement falls within the
Town's authority described in recital D above.
AGREEMENT
NOW, THEREFORE, based on the foregoing recitals, which are incorporated here as the intent
of the Parties in entering into this Agreement, and in consideration of the terms of this Agree-
ment, the Parties hereby agree as follows:
1. Detailed description of the Work and Tucson Audubon's responsibilities. Tucson Audubon
shall undertake the following site assessment and design, restoration implementation, and post -
implementation consultation tasks as part of the Work under this Agreement:
a. Site assessment and design.
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Regular Council Meeting - March 1, 2011 - Page 13 of 87 - 1 -
L Maps and mapping. Tucson Audubon will acquire from the Town or other existing
sources hard copies of and electronic access to maps that will be necessary for assessment
and planning of the Borrow Pit.
ii. Site visits. Tucson Audubon will make a series of visits to the Borrow Pit in order
to plan work there.
iii. Restoration and vegetation enhancement plan.
(1) Tucson Audubon will represent in written and graphic form a plan for vegeta-
tion enhancement and other potential work to help restore and stabilize habitat at the
Borrow Pit. A time line will be included in the plan.
(2) The restoration plan will analyze factors such as topography, slope, surface
water flow, standing surface water, groundwater, cold air drainage, soils, existing ve-
getation, and sun angles in order to develop a plan.
(3) Based on these factors, the restoration plan will describe where to re- vegetate,
how much vegetation to introduce, and the planting and irrigation techniques most
likely to succeed in this environment. Rainwater harvesting will be integrated into the
irrigation plan, as well as other irrigation techniques outside of drip irrigation due to
the likely impracticality of using drip irrigation at this site.
(4) The plan will also describe recommended plant species for introduction into
this area, including trees, shrubs and grasses, and consider whether this will be done
through planting, seeding or a combination of the two.
(5) Tucson Audubon will consult with the Town to see what in -kind materials,
equipment, and/or personnel may be available from the Town to make restoration
work more efficient.
b. Restoration implementation.
L The implementation of restoration work onsite by Tucson Audubon will result in
vegetation being planted (and perhaps seeded) that Tucson Audubon believes has the best
chance of surviving and providing habitat for birds and other wildlife. It will be planted
in areas, in species combinations, and at densities where Tucson Audubon believes it is
most likely to succeed in meeting these goals.
ii. Tucson Audubon will plant using rainwater harvesting techniques to enhance the
ability of plants to survive.
iii. Other work may be done, as will be outlined in the restoration plan, including pro-
tecting plantings from predation, addressing erosion issues, or others.
iv. Tucson Audubon may use both employees and volunteers to implement the re-
vegetation and any other techniques used. In all cases the work of employees and /or vo-
lunteers will be overseen by Tucson Audubon's Habitats Program Manager and Field Su-
pervisor.
v. All materials (plant materials and other) will be purchased by Tucson Audubon
personnel.
c. Consultation on post - implementation stewardship
{00025368.DOC /} TucsoN AUDUBON SOCIETY /MARANA BORROW PIT RESTORATION AGREEMENT 2/17/20114:49 PM FJC
Regular Council Meeting - March 1, 2011 - Page 14 of 87 -2-
i. During the Town's operation, maintenance and long -term stewardship of the site,
Tucson Audubon will provide written recommendations for continued care of plants and
any other enhancements made to the Borrow Pit under this agreement and will provide
the Town with other general recommendations for future stewardship of the site.
2. Payment by the Town.
a. General. The Town shall pay Tucson Audubon an amount not to exceed $40,600 for
the Work under this Agreement.
b. Budget. The Parties have jointly prepared a budget including categories of work. Tuc-
son Audubon will bill the Town, and the Town will pay Tucson Audubon, amounts consis-
tent with the not -to- exceed figures for each category of work shown in the budget. The not-
to- exceed figures for the individual budget categories may be modified by a document signed
by representatives of the Town and Tucson Audubon as long as the total budget does not ex-
ceed $40,600.
c. Invoicing. Tucson Audubon will invoice the Town at intervals throughout the work. At
the preference of the Town's representative, invoices for materials (plants, other materials,
etc.) may be delivered to the Town to be paid directly to vendors.
3. Tucson Audubon as independent contractor. In the performance of the Work, Tucson Au-
dubon shall act solely as an independent contractor, and nothing expressed or implied in this
Agreement shall be construed to create the relationship of employer and employee, partnership,
principal and agent, or to create a joint venture between the Town and Tucson Audubon.
4. Insurance. Tucson Audubon shall maintain insurance with the following required coverag-
es and limits, and the Town shall be named as an additional insured on the commercial general
liability insurance policy:
Worker's Compensation: Statutory
Employer's Liability: U.S. $1,000,000
Commercial General Liability: U.S. $1,000,000 per occurrence
U.S. $2,000,000 aggregate
Business Auto Liability: U.S. $1,000,000 combined single limit
5. Regulatory compliance and approvals. Each Party shall at its own expense comply with
all applicable federal, state and local laws, rules, and regulations in connection with its obliga-
tions under this Agreement.
6. Appointment of representatives. To further the commitment of the Parties to cooperate in
the progress of the Work, the Town and Tucson Audubon each shall designate and appoint a
representative to act as a liaison the Town and its various departments and Tucson Audubon. The
initial representative for the Town shall be Janine Spencer, Environmental Project Coordinator,
and the initial representative for Tucson Audubon shall be Kendall Kroesen, Habitats Program
Manager. The representatives shall be available at all reasonable times to discuss and review the
performance of the Parties to this Agreement and their responsibilities in connection with the
Work.
7. Notices. All notices, requests, demands, and other communications under this Agreement
shall be in writing and shall be deemed given if personally delivered or mailed, certified mail,
return receipt requested; to the following addresses:
100025368.DOC /} TUCSON AUDUBON SOCIETY /MARANA BORROW PIT RESTORATION AGREEMENT 2/17/20114:49 PM FJC
Regular Council Meeting - March 1, 2011 - Page 15 of 87 -3-
If to the Town, to: Town Manager
11555 W. Civic Center Drive - Bldg A3
Marana, AZ 85653
If to Tucson Audubon, to: Tucson Audubon Society
300 East University Boulevard #120,
Tucson, Arizona 85705
8. Entire Agreement. This Agreement constitutes the entire agreement and understanding of
the Parties pertaining to the subject matter of the Agreement and supersedes all offers, negotia-
tions, and other agreements of any kind. All prior and contemporaneous agreements, representa-
tions and understandings of the Parties, oral or written, are superseded and merged in this
Agreement.
9. Authority to Execute Agreement. The individuals executing this Agreement hereby
represent that they have full right, power, and authority to execute this Agreement on behalf of
their respective Parties.
10. Force Majeure. Notwithstanding any other term, condition or provision of this Agree-
ment to the contrary, if any Party to this Agreement is precluded from satisfying or fulfilling any
duty or obligation imposed upon it due to labor strikes, material shortages, war, civil distur-
bances, weather conditions, natural disasters, acts of God, or other events beyond the control of
such Party, the time period provided herein for the performance by such Party of such duty or
obligation shall be extended for a period equal to the delay occasioned by such events.
11. Immigration laws. Tucson Audubon warrants that it will at all times comply with all fed-
eral immigration laws and regulations that relate to its employees and with Arizona Revised
Statutes section (A.R.S. §) 23 -214 (A). Tucson Audubon acknowledges that pursuant to A.R.S.
§ 41 -4401 and effective September 30, 2008, a breach of this warranty is a material breach of
this Agreement subject to penalties up to and including termination of this Agreement, and that
the Town retains the legal right to inspect the papers of any employee who works on the Agree-
ment to ensure compliance with this warranty.
12. Scrutinized business operations. Tucson Audubon certifies that it does not have, nor will
it for the duration of this Agreement have, scrutinized business operations in Sudan or Iran as
defined in A.R.S. § 35 -391 and A.R.S. § 35 -393, respectively.
13. Conflict of interest. This Agreement is subject to the provisions of A.R.S. § 38 -511,
which provides for termination in certain instances involving conflicts of interest.
14. Attorneys' Fees. The prevailing Party in a civil action to enforce this Agreement shall be
entitled to recover from the other Party, in addition to any relief to which such prevailing Party
may be entitled, all costs, expenses and reasonable attorneys' fees incurred in connection with
that civil action.
15. Governing Law. This Agreement shall be construed in accordance with the laws of the
State of Arizona.
16. Termination. Either Party may terminate its participation in this Agreement for any rea-
son upon at least fifteen days' prior written notice to the other Party. Upon termination, the Town
shall have no further obligation to Tucson Audubon, other than for payment of acceptable ser-
vices rendered prior to termination.
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Regular Council Meeting - March 1, 2011 - Page 16 of 87 -4-
IN WITNESS WHEREOF, the Parties have duly executed this instrument below.
The "Town" "Tucson Audubon"
TOWN OF MARANA, an Arizona municipal TUCSON AUDUBON SOCIETY, an Arizona
corporation non- profit corporation
Ed Honea, Mayor Herbert D. Trossman, President
Date: Date
ATTEST:
Town Clerk Date
APPROVED AS TO FORM:
Town Attorney Date
{00025368.DOC /} TucSON AUDUBON SOCE:TY/MARANA BORROW PIT RESTORATION AGREEMENT 2117/20114:49 PM FJC
Regular Council Meeting March 1, 2011 - Page 17 of 87 -5-
-w �.�N
A AAA
SPECIAL COUNCIL MEETING
MINUTES
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, February 8, 2011, at or after 6:00 PM
Ed Honea, Mayor
Herb Kai, Vice Mayor'
Russell Clanagan, Council Member
Patti Comerford, Council Member
Carol McGorray, Council Member
Jon Post, Council Member
Roxanne Ziegler, Council Member
SPECIAL COUNCIL MEETING
CALL TO ORDER AND ROLL CALL
Call to order by Vice Mayor Kai at 6 01 =p.ni Town Clerk Bllbuson read the roll call.
All Council Members were present except`, Mayor l'Iort ,who`was excused.
PLEDGE OF ALLEGIA OCATION/MOMENT OF SILENCE
Led by Vice Mayor .
,,.
APPROVAL OF AGEN6
Motion to app;~tit � ®yed by Council Mein ier Clanagan, second by Council Member
McGor Motion curried unanimously.
CALL T09HE PUBLIC .
AN
There were 'speaker cardresented.
PROCLAMATION, S
PRESENTATIONS,,
P 1: Presentation: Relating to Personnel; discussion of employee benefits for fiscal year
2012
Suzanne Maehain introduced members of the Gallagher Group, the town's consultants
for employee benefits. Mr. Che Yi gave an overview of the Gallagher's service to the
town and the way that medical and dental providers were selected. There is expected to
be an 11 % increase in premiums for medical /dental and a 9% increase in pharmaceutical
coverage. He talked about renewal and the issues surrounding health care reform. Mr. Yi
also noted that Cigna has provided the town with a $20K stipend for wellness programs.
Don Heilman, also with Gallaher, also addressed Council by mentioning that there are
Regular Council Meeting - March 1, 2011 - Page 18 o 87
1
February 8, 2011 Council Meeting Minutes
some plan design changes or contribution changes that could be looked at to support the
overall budget philosophy. While the budget hasn't been finalized, the renewal with
Cigna, based on the current design, has been finalized. As the insurance companies are
retracting to step back and assume and absorb health care reform, they are becoming
more conservative than they have been. They are trying to minimize their exposure. It is
conceivable that at some point the town would want to look into self - funding of the
medical. Over time that would be cost - effective for employers even though there are
some cash flow and variable issues to look at.
Motion moved by Council Member Clanagan, second by Council Member Post to
direct staff to move forward as presented to Council. Motion carried unanimously.
P 2: Presentation: Relating to Special Events; presentation r ding Founders' Day
2011, October 27 -30
Tom Ellis gave brief recap of the rationale behind moving the Founders' Day event and
the benefits of moving to a new date in 2011 to bar fit with the community calendar.
He noted throughout that this is preliminary ari4' at there are many detailsst ll to be
determined. The plan is to have an event that begs. on October 27 with di'6rent pieces
of the event happening mostly in northern Marana vvhile..�ttcou� aging partners and
business owners to expand that and have things going 60hroughout the community. He
is anticipating putting in a $20K requ*inthe upcoming budget to help defray expenses.
P 3: Presentation: Relating to Community Deg+ r pment; provirding an update on
affordable housing programs in the Town(',)f Marina f:
Presented by T. Van Hook. Van Hook began by describing the criteria to qualify for
affordable housing, iikluding in tme calculatibns. Currently, the town has five active
housing programs. Usln Pima l ounty CBG funds, the Community Development
Department had been able :pureliase four horne sites for Marana Builds Habitat and
provide own' Loccu hous% rehabilitation assistance to more than 30 households.
Habitat fr Humamtyl�pleteo;o homes and will begin construction on three home
sites dtxtng 2011 -12.
P 4: Presentation: Relating "O Community Development; clarifying boundaries for
Colonia nelghbe� ds in Marana
Presented by T. Van Illook. Ms. Van Hook began with the definition of Colonia and
how Colonias were designated in Marana and which neighborhoods are Colonia's.
Motion moved by Council Member McGorray to direct staff to bring this item back at
the February IS, 2011 meeting to formalize the boundaries of the designated Colonia
neighborhoods with independent resolutions establishing the boundaries, second by
Council Member Clanagan. Motion carried unanimously.
P 5: Presentation: Relating to Floodplain Management; FEMA map modernization
process for new Flood Insurance Rate Maps
Regular Council Meeting - March 1, 2011 - Page 19 of 87
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February 8, 2011 Council Meeting Minutes
Presented by Keith Brann, who noted that this is one of the last presentations on this
issue. He gave Council a brief recap of the issue. The main issue was incorporating new
criteria of levee -like structures, which at the time failed the CAP canal and railroad and
the I -10 embankments — embankments that were never levees and should not have been
forced to comply with full levee criteria. He noted that the final maps will be effective
June 16, 2011. He noted areas of particular concern, public outreach and categories of
recommended purchase of flood insurance, risk and compliance. Council discussion
ensued as to recommendations for flood insurance versus requirements for flood
insurance.
CONSENT AGENDA
LIQUOR LICENSES
L 1: Relating to Liquor Licenses; recommendation to the stag liquor board regarding a
special event liquor license application submitted by PG'"TOUc., for the 2011
Accenture Match Play Championship golf toumament;.located at A Ritz-Carlton Golf
Club, Dove Mountain
Presented by Jocelyn Bronson, who noted that similar appl "ications have cote before
Council each year that the PGA has been held in Maranar:, Her office has received no
protests and staff is recommending approval.
Motion to approve moved by Council Member Post, seconder ���cncil Member
:.
Clanagan. Motion carried unanimously,,
BOARDS, COMMISSIONS AND COMMITTEES
COUNCIL ACTION
ITEMS FOR DISCUSSIONIP SSIB"TION
EXECUTIVE SESSION$
E 1 Ecutive Session pursuant to R.S. §38- 431.03 (A)(3), Council may ask for
discussior'i r.consultation - f legal"advice with the Town Attorney concerning any matter
listed on this agenda
FUTURE AGENDA. ITEMS
No items were presented.
ADJOURNMENT
Motion to adjourn moved by Council Member Clanagan, second by Council Member
Comerforcb Motion carried unanimously at 7.42 p.m.
CERTIFICATION
I hereby certify that the foregoing are the true and correct minutes of the Marana Town
Council meeting held on February 8, 2011. 1 further certify that a quorum was present.
Regular CoGRagkAi�'-inlaqm? %1 t 9 ARe ( A9k7
3
February 8, 2011 Council Meeting Minutes
JOINT MARANA / ORO VALLEY TOWN COUNCIL
STUDY SESSION
MINUTES
11555 W. Civic Center Drive, Marana, Arizona 85653, ` '
Council Chambers, February 9, 2011, at or after 6:00 p.m.''`
Town of Marana Town of Oro Valley
Ed Honea, Mayor Satish Hiremath, Mayor
Herb Kai, Vice Mayor Mary Snider, Vice Mayor
Russell Clanagan William Garner
Patti Comerford Barry Gillaspie
Carol McGorray Joe Hornat
Jon Post Steve Soloman
Roxanne Ziegler Lau ^,Waters
ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM I!STED OBI PHIS AGENDA.
Revisions to the agenda can occur up to 24 hours prior to_, ie meeting. Revised a items appear in
italics. The Council Chambers are wheelchair and handfcapped accessible. Any persoA4v by reason of
any disability, is in need of special services as a result ;, their disability, such as assve listening
devices, agenda materials printed in Braille or large print, er f'tie, hearing impa>pe'�d, etc., will be
accommodated. Such special services are available upon pd6 req test to the Town Clerk at least 10
working days prior to the Council meeting.
Posted no later than February 8, 2011, 6:60 p ., t the Marana"
arana 1Vl micipal Complex, the Marana
Operations Center and at www.marana.com undet,Town t Minutes and "Agendas.
b..
CALL TO ORDER AND ROLL CALL <,r
Mayor Honea called the meting larder at 6.01 pm. Town Clerk Bronson called roll for Marana.
Vice Mayor Kai and Council Membet Ziegler were excused. There was a quorum present. Mayor
Hiremath requested that Town Cleirk Bowers call roll for Oro Valley. All Council Members were
present.
PLEDGE OF ALL O�N4 Et"VOCATION/MOMENT OF SILENCE
Led by Mayor Honea.
APPROVAL OF AGENDA,
Approved by ttttanimous consent of all Council Members.
DISCUSSION/DWECTION/POSSIBLE ACTION
All presentations are a04ilable for viewing in the Town Clerk's Office.
D 1: Presentation Relating to Economic Development; on potential partnerships between the
towns of Oro Valley and Marana for tourism development and promotion (Josh Wright/Amanda
Jacobs)
D 2: Presentation Relating to Transportation; regarding the Tangerine Corridor project (Barbara
Johnson/Craig Civalier)
Regular Council Meeting - March 1, 2011 - Page 21 of 87
1
JOINT MARANA / ORO VALLEY TOWN COUNCIL oWcy ,
STUDY SESSION
MINUTES
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, February 9, 2011, at or after 6:00 p.m."``
D 3: Presentation Relating to Water Resources; regarding cooperative water resource
development opportunities for the towns of Marana and Oro Valley and other area water
providers (Dorothy O'Brien/Philip Saletta)
No action was taken on any item.
Executive Session pursuant to A.R.S. §38- 431.03 (A)(3), Council may k�for,discussion or consultation
for legal advice with the Town Attorney concerning any matter listed ari this:agenda.
ADJOURNMENT
Motion by Oro Valley Council Member Lou Water, secp by Marana Council M zber Jon Post at
6-
7.05 p.m. Motion carried unanimously.
CERTIFICATION y
I hereby certify that the foregoing Administrative Summary is a Vitae and correct record of the Joint
Marana/Oro Valley Town Council Study Session held on February 11. 1 further certify that a
quorum of Marana Town Council was present
Jocelyn C. Bronson, Town Clerk N
x
5\'
Regular Council Meeting - March 1, 2011 - Page 22 of 87
2
M.A RAN.A
REGULAR COUNCIL MEETING
MINUTES
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, February 15, 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 Me er
Roxanne Ziegler, Council Member A
REGULAR COUNCIL, EEVNG
CALL TO ORDER AND ROLL CALL
Mayor Honea called the meeting to order at, 7 <OI p.m. Vice yor Kai arrived on the
dais at 7:04 p.m. All Council Members were present.
PLEDGE OF ALLEGIAI *SCE, /INVOCATION/ MOMEN F SILENCE
Led by Mayor Honea
APPROVAL OF AGENDA
Motion to approve moveai byalutii Member McGorray, second by Council Member
Ziegler. Mritian ca red unanimously.
CALL `I'O THE PUBLIC ;;�
Jolene C "pbell reported �n the final results of the 2 °d annual Marana Can Do 5K
Walk/Run h Iii February 5', 1 Ora Mae Ham Park. Registration was one bag of food for
the Marana Community Food Bank. More than 350 people participated in the race
donating 1,458 pounds offood and $650 on event day. The food bank can turn the $650
into $6,500 of food sfie thanked the Council for their support.
Ed Stolmaker reported that the Marana Chamber of Commerce had unanimously voted
to support SB 1171 in Marana's efforts to own its own wastewater facility. He also
reported on the bowling tournament that raised over 3,000 diapers for the MUSD teenage
parent program. He received a thank -you card from the parents and some children which
he passed around to the Council.
PROCLAMATIONS
Sherry Cervi Proclamation
Town Clerk Bronson read the proclamation. The proclamation will be given to Ms.
Cervi at a later date as she is currently on the racing circuit.
Regular Council Meeting - March 1, 2011 - Page 23 of 87
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February 15, 2011 Council Meeting Minutes
MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS
Council Member Post commended staff for the presentations they have been giving to
Council. He also acknowledged Russ Jones, attorney for Trico Election, who was in the
audience. Mr. Jones has been with Trico for 30 years and has done much behind the
scenes to benefits the community.
Council Member Comerford announced that a Marana High School student, Ms.
Chelsee Moe was crowned Miss Tucson Valley and will be going on to the Miss Arizona
pageant.
Council Member McGorray reflected on the positive meeting with Oro Valley Council
last week.
Mayor Honea also commented on the positive feedback he has been getting regarding
the joint meeting with Oro Valley.
MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS
Mr. Davidson reported that the Accenture Match Play, Tournament will begin next week.
This event gets worldwide coverage, and Marana �, ery proud to be sr, st. The top
four seeded players, which include Tiger Woo,y will be here. He also ed the
council executive report for February is completiiind has been delivered to u.
PRESENTATIONS
CONSENT AGENDA
Motion to approve the agenda moved by`Counetl Wmber McGorray, second by
Council Member Post. Motion carried unarms ; a roll call vote, due to Item
C.6 having an emergency cla se.
C 1: Ordinance No, 2,611'.04'- clating to Business Regulations; amending the Marana
Town Code Title 913usiness key ulations' ; adding new Chapter 9 -4 entitled "Massage
Establishments"; regulati massage establishnWits; establishing licensing requirements
and related fed; _ establishing r qut�ttax fnassage establishment facilities;
deslgnattggunlawlll act1v1t1e end establishing criminal penalties for violations;
and de rlating an eff iwt ye date
Resoluti"o. 2011 -15 elating -to Business Regulations; declaring the amendments
to Marana Twn Code Title O "Business Regulations ", adding new Chapter 9 -4 entitled
"Massage Estab ",,regulating massage establishments, establishing licensing
requirements and related ; fees, establishing requirements for massage establishment
facilities, designating unlawful activities and establishing criminal penalties for
violations, as a public record filed with the Town Clerk
C 2: Ordinance No. 2011.02: Relating to Finance; amending the Town of Marana
comprehensive fee schedule; and designating an effective date
C3: Resolution No. 2011 -16: Relating to Technology Services; approving and
authorizing the Mayor to execute a Second Amendment to Beacon Hill Communications
Site Lease with the Estate of Irene Welter, deceased and a First Amendment to Beacon
Hill Telecommunications Site Sublease Agreement with Simply Bits, LLC
Regular Council Meeting - March 1, 2011 - Page 24 of 87
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February 15, 2011 Council Meeting Minutes
C 4: Resolution No. 2011 -17: Relating to Administration; approving an administrative
directive regarding the use of the Town of Marana's electronic technology by members of
the public
C 5: Resolution No. 2011 -18: Relating to Right of Way; approving and authorizing the
request by Trico Electric Cooperative, Inc., to submit its franchise renewal to the Marana
voters at the general election to be held May 17, 2011
C 6: Ordinance No. 2011.03: Relating to Administration; amending Marana Town
Code Title 3 "Administration," amending sections 3 -1 -2, 3 -1 -3, 3 -2 -3, 3 -2 -4, 3 -2 -5, 3 -2-
8, 3 -2 -9, 3 -2 -10 and 3 -2 -11 and adding section 3 -2 -14; revising positions appointed by,
removed by and reporting to the town manager, deputy town manager, assistant town
manager or general manager; updating certain position responsibilities to conform
to current functions; changing the name of the position of special projects administrator
to special projects manager; adding the unclassified position of director of strategic
initiatives; and declaring an emergency
Resolution No. 2011 -19: Relating to Administration; declaring the amendment&
to Marana Town Code Title 3 "Administration,` sections 3-1-2, 14 -3, 3 -2 -3,
3 -2 -4, 3 -2 -5, 3 -2 -8, 3 -2 -9, 3 -2 -10 and 3 -2 -11 and ad ing.,, �ctioh 3 - - 14, revising
positions appointed by, removed by and reporting to the manager, deputy town
manager, assistant town manager or general manager, updating certain position
responsibilities to conform to current functf nw, "changing the.name of the position of
special projects administrator to special pr9jet tsnager, andhdding the unclassified
position of director of strategic initiatives;Ias a pabnc f prd filed with the town clerk
C 7: Resolution No 2011 20L jKelating to Gmmunity Development; authorizing the
Town Manager to apply for granfffunding frorn,the,Governor's Office of Highway Safety
under the Highway Safety, tProgram (23 U.S.C. Section 402) to support the Marana Police
Department's, purchase of new mrtt€eyle units and participation on the Southern
Arizona W1 1 T-Asklf arce
C 8 : 'R , lution No. 20t 1 -21: Resting to Community Development; authorizing the
executloikan intergovethmental agreement with the Arizona Department of
Transportation, for the completion of the Santa Cruz River Shared Use Path
C 9: Resolution N6? -22: Relating to Community Development; approving and
authorizing extensions to intergovernmental agreements with the City of Tucson and the
Regional Transportation Authority of Pima County for sharing of costs involved in the
provision of public transit services to the Town of Marana for fiscal year 2010 -2011
C 10: Minutes of the January 25, 2011 study session and February 1, 2011
regular council meeting
LIQUOR LICENSES
BOARDS, COMMISSIONS AND COMMITTEES
Regular Council Meeting - March 1, 2011 - Page 25 of 87
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February 15, 2011 Council Meeting Minutes
COUNCIL ACTION
A 1: PUBLIC HEARING: Ordinance No. 2011.04: Relating to Land Development;
temporarily amending Marana Land Development Code Title 6 (subdivisions), Section
06.02.02.13, concerning the expiration of approved preliminary plats; and establishing an
effective date
Mayor Honea opened the meeting to public hearing. Presented by Lisa Shafer. Ms.
Shafer addressed the fact that economic times has driven the change for approval of
preliminary plats. The preliminary plat is where most of the work and money is spent.
Since 2006, there hasn't been much change in platting requirements. Staff felt it would
be counter - productive to require the developers to go back and redo plats that are
perfectly good. This ordinance would allow approved preliminary`plans to be good for a
maximum of seven years instead of two year. This is a temporary amendment allowing
any preliminary plat approved by July 1, 2006 to have seven � to get a final plan in or
expiring on December 31, 2013, whichever comes first ar�d then sunset on December 31,
2015. If someone came in on December 30, 2015, the w6u have �i1i1 December 31,
2017 — that's where we get the two years which is in the current code `After that, on
January 1, 2016, anything approved then goes tQ ;what code is in effect at that tirne.
David Godlewski from SAHBA addressed Coun tjo stateSAHBA's supp for this
amendment. He also stated that his industry appreciate �,th ' working partnership that
Marana has with them and SAHBA. ,Council Memberiiost asked how this affects
specific plans. Ms. Shafer responded thal they are not d. It would only affect a
plat inside a specific plan. Mayor Honed iiaed the publi&h a rg closed.
Motion moved by Council Member McGorray second by Council Member Clanagan to
adopt Ordinance No. 20.1 -1.04 , Motion cari�W unanimously.
A 2: PUBLIC HEARING: Ordinance No. 20 11.05: Relating to Land Development;
amending Marana Land Development Code Title 1 (Signs) by modifying Section 16 -14-
26 (Off- Premise_Location Sign), ' polishing an effective date
Resolution No. 2011 2'3; ,, ahn Development; evelopment; declaring the amendments to Marana
Land Development Codeitle 16 )gns) modifying section 16 -14 -26 (Off - Premise
Location as a public fecord filed with the Town Clerk
Ordinance No. 101,1.05 and Resolution No. 2011 -23 were taken together. Mayor Honea
declared the publrc'hearirrg' open. Ms. Shafer noted that this is a permanent amendment
to the Land Development Code, and one which will benefit local businesses. The current
code deals with business signs for businesses often located on dirt or unpaved roads. This
is an update with some modifications that will apply to a broader population since there
are few unpaved roads within the town limits. These will be off - premise way - finding
signs, different than the kiosk signs which are for residential designations. Minor
roadway is defined as no outlet other than another minor road, an easement, dirt road or
one which has minimal numbers of daily trips. Placement can be in one directional route.
Size is smaller and the wording is changed to lesser characters; they would not be
illuminated and there would be no requirement for landscaping. Council Member Post
asked what else was being done with signs. Ms. Shafer responded that staff is looking at
other jurisdictions to see how they are getting through this temporary economic downturn
Regular Counci� lv`t n At i 96�TX�a �r�ent basis. She also noted that sign permits for two -
4
February 15, 2011 Council Meeting Minutes
week banners at $10 are allowed for temporary events such as grand openings. These
signs would not be in the right of way or an A- frame. Council Member Ziegler asked if
real estate open home signs could be granted a waiver on weekends to be placed in the
right of way. Mr. Cassidy responded that once you allow a real estate sign in the right of
way, the town has to allow other non - commercial signs of the same size in the right of
way. You can't limit it to commercial. Non - commercial and political signs have a higher
level of First Amendment protection, so those kinds of signs would have to be given at
least as liberal an opportunity to be posted. Mayor Honea declared the public hearing
closed.
Council Member McGorray moved to approve the items as read, second by Vice Mayor
Kai. Motion carried unanimously.
A3: Ordinance No. 2011.06: Relating to Community Development; establishing an
Affordable Housing Program to support the preservation:ari devoi pment of affordable
housing for qualified individuals and families; and dep"lariri an eme q cy
Motion to approve moved by Council Member Est, second by Council IM ber
Comerford. Upon roll call vote, motion carried gnimougly.
A 4: Ordinance No. 2011.07: Presentation: Relating to repealing a
section of Ordinance 2006.12 that granted, an affordable housing impact fee waiver for
areas designated as colonias; and declarm an�emergency
Motion to approve moved by Council Member C errrtl, second by Council Member
Post. Upon roll call vote; ,riidtion carried unanimously.
Ms. Van Hook asked Ordlbittice No. 2011:,06 and No. 2001.07 be taken
simultaneously. Ms. VatHook toted that in or er to bring the items relating to colonias
back to Council as directed me cs peed to be made to Ordinance No. 2006.12.
The goal ofOfdii** No 2W.J2 was to set aside funding for impact fees to stimulate
affordable housing, seas f06 ,that the past four or five years, very little
houst ` W ��
ng was ordable housing.
built. So t ii,needs ti e a better way of assisting in aff
The two Mipances befor6l0ounciFlonight attempt to do that. These will establish the
Affordable Hbi §ing Prograu moving the set aside of impact fee funding into a program
for the affordal Housing that can be done community -wide. Keith Brann reviewed the
original ordinance passed �n 2006, noting that it was called a waiver, although the fees
weren't waived so milli as Council prepaid them. All colonias occur in northwest
Marana, so 22 home impact fees was transferred to an impact fee account, and 22
valuations of park fees were paid to the park benefit. All fees for vacant lots were taken
care of at that time. That methodology only took into account a geographical way of
paying the fees. The maps used were very narrow in scope and in some cases people
identified themselves with an area who actually lived outside the designated area. Similar
issues occurred in the Honea Heights area. Some of the homes in the colonias were
rebuilt homes which don't pay impact fees. Only four homes have been built and have
had their impact fees waived. Eighteen credits were paid but have not been used. The
combination of these ordinances would take the 18 unspent credits and transfer them out
of impact fee account and into the affordable housing impact fee account that will
beck rle� a f tn ar> n ci� , t6)ged -based gram. T. Van Hook then explained that part of the
Regular Counu ee ing - lvTarc age o
5
February 15, 2011 Council Meeting Minutes
program. The funding came out of general funds and went to a holding account to pay
impact fees. How that fund will be paid out will change. She then described how
families will qualify and how the impact fees will be paid. The same qualifications are in
place.
A 5: Resolution No. 2011 -24: Relating to Community Development; amending
Resolution No. 98 -21 to designate Adonis, a Neighborhood within the Town of Marana,
as a colonia
Motion to approve moved by Council Member McGorray, second by Council Member
Clanagan. Motion carried unanimously.
Mayor Honea noted that each of the following resolutions would be voted on separately
as some Council Members have conflicts as noted. Ms. Van HO' k gave a brief overview
of the definition of colonias.
A6: Resolution No. 2011 -25: Relating to Commnity Development; amending
Resolution No. 98 -21 to designate Berry Acres,, ' Neighborhood within t� Town of
Marana, as a colonia
Council Member Post declared a conflict.
Motion to approve moved by Council Mener_Clanagan, seeott'hy Council Member
McGorray. Motion carried 6 -0.
A 7: Resolution No. 201f1 w Relating tot prnmunrty °Development; amending
Resolution No. 98 L o deslgrW Honea Heights, a Neighborhood within the Town of
Marana, as a colones
Mayor Honea,d,eclared a dOffi6f
Motion to approve mov� by C`o t it Member Clanagan, second by council Member
Pose ' Afotion carried 6 -0.
A 8: Resolution No. 2011,4,7: Relating to Community Development; amending
Resolution No -21 to designate Marana Estates, a Neighborhood within the Town of
Marana, as a colotaia.
Motion to approve moved by Council Member McGorray, second by Council Member
Clanagan. Motion carried unanimously 7 -0.
A 9: Resolution No. 2011 -28: Relating to Community Development; amending
Resolution No. 98 -21 to designate Marana Vista, a Neighborhood within the Town of
Marana, as a colonia
Council Member Post and Vice Mayor Kai declared conflicts.
Motion to approve moved by Council Member McGorray, second by Council Member
Regular CoCcg l ei tQ = nnMar lQgo�r rPage Al f 87
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February 15, 2011 Council Meeting Minutes
A 10: Resolution No. 2011 -29: Relating to Community Development; amending
Resolution No. 98 -21 to designate Price Lane, a Neighborhood within the Town of
Marana, as a colonia
Motion to approve moved by Council Member Clanagan, second by Council Member
McGorray. Motion carried unanimously 7 -0.
A 11: Resolution No. 2011 -30: Relating to Community Development; amending
Resolution No. 98 -21 to designate Yoem Pueblo /Sandario Road, a Neighborhood within
the Town of Marana, as a colonia
Motion to approve moved by Council Member McGorray, send by Council Member
Clanagan. Motion carried unanimously 7 -0.
ITEMS FOR DISCUSSION/POSSIBLE ACTION
D 1: Relating to Mayor and Council; discussion 46 d possible action t6set the date of the
second regular Town Council meeting in May
Ms. Bronson presented this item, noting that the town ie permits Council to move a
regular meeting which falls on an election day to the follying day. The second regular
meeting in May falls on May 17, the date 'meeting the general election. Council needs take no
action if they are agreed upon holding Ih it eeting on May
May 18, 2011 was approved for the second regular meting in May; no Council action
was required.
D 2: Legislative /Intcr?gvernmeal Report: regarding all pending state and federal
legislation and report on recent meetings of othei''Iegislative bodies
Josh Wright= piavided:.Council with an update on the bills introduced (1,334 bills). The
League es,timates that =oximaely 20,0 of those have an impact on cities and towns in
our attaff is workirgith the ;ague and others to make sure Marana's interests are
protected tl ng this sessiti , A couple of bills of particular interest — SB 1221 — the bill
that would fr*e urban revenue sharing for the next 20 years — is being strongly opposed
by all 91 incorpoirated cities; °and towns within the state. Another is a package of bills
moving through asp' t jobs bill or "competitiveness" bill —a collection of items to reduce
the burden on busin6§i&s to operate in a lesser tax environment. This is being supported
basically by both houses. This would serve a variety of interests related to economic
development. He will provide the Council liaison a list that goes over the full scope of the
package. The remainder of bills are moving through both Chambers. The deadline is this
Friday for a bill to be heard in their respective Chambers.
EXECUTIVE SESSIONS
Motion to go into executive session on Item E.2 moved by Council Member Clanagan,
second by Council Member McGorray. Motion carried unanimously.
Council left t dais a t 7:49 p.m.
Regular CoUn�inVTeefng - l0fa�c1�d1t�0'rteagesto8�0 p.m.
7
February 15, 2011 Council Meeting Minutes
E 1: Executive Session pursuant to A.R.S. §38- 431.03 (A)(3), Council may ask for
discussion or consultation for legal advice with the Town Attorney concerning any matter
listed on this agenda
E 2: Executive Session pursuant to A.R.S. § 38- 431.03(A)(3),(4) and (7), discussion or
consultation for legal advice with the Town's attorneys and discussion and to consider its
position and instruct the Town Manager and staff concerning (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
No action required.
FUTURE AGENDA ITEMS
ADJOURNMENT
Motion to adjourn moved by Council Member Mk Gorray,��F nd by Count Member
Post. Motion carried unanimously. -
The meeting was adjourned at 8:30 ptti_ „”
CERTIFICATION
I hereby certify that the foregoing are the true and 66r1'e t,miriutes of the Marana Town
Council meeting held on February 15, 2011.1 further certify that a quorum was present.
Jocelyn C. Bronson, To'swClerk
Regular Council Meeting - March 1, 2011 - Page 30 of 87
8
February 15, 2011 Council Meeting Minutes
MARA
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, March 1, 2011, 7:00:00 PM
To: Mayor and Council Item A 1
From: Barbara Johnson , General Manager Public Services
Strategic Plan Focus Area:
Not Applicable
Subject: Resolutio No. 2011 -33: Relating to Marana Regional Airport; approving and
authorizing the Public Works Director to execute an Apron Use Permit Agreement
between the Town of Marana and Southern Arizona Sports Car Club, Inc. for a series
of non - aeronautical special events at the airport; and authorizing town staff to execute
other similar agreements for future non - aeronautical special event series at the airport
Discussion:
For some time, town staff has been approached by organizations desiring to hold a number or
series of non - aeronautical special events at the Marana Regional Airport. Most often, these
organizations are car or motorcycle clubs that want to hold regular, sometimes monthly, driving
events on the ramp area near Runway 30. These organizations have been directed to Chapter 10-
6 of the Town Code for a special event process and some events have been approved while others
have not. The Council - approved comprehensive fee schedule includes a permit fee for approved
non - aeronautical events of $500 per event.
As part of the approval process for these special events, the sponsoring organizations are required
to provide certificates of insurance in amounts acceptable to the town naming the town as
additional insured under the policy. Additionally, as the interest and demand to hold these events
at the airport has grown, the town has also secured its own insurance coverage for non-
aeronautical events through the risk pool.
The Southern Arizona Sports Car Club, Inc. has held a number of approved driving events at the
airport through the special event permit process. Because the Club plans to continue to hold
events on a monthly or more often basis for the foreseeable future, staff determined that an
agreement authorizing the Club's events on an annual basis was preferable to a monthly
permitting process. The Apron Use Permit Agreement developed by the town's legal staff will
allow the Club to conduct its events at the specified times without going through the permitting
process. However, the Club must comply with the conditions for special events provided in the
Code for noise, sanitation, security, etc., as those conditions apply to the Club's events. The Club
may only use the airport premises for the events specified in the agreement and may make no
alterations to the town's property. Any damages caused by the special event must be repaired at
the expense of the Club. The agreement also specifies that the Club will continue to pay the
permit fees and airport labor rates provided for in the town's comprehensive fee schedule for each
of its events. Finally, the agreement allows for 5 one -year extensions at the sole option of the
Regular Council Meeting - March 1, 2011 - Page 31 of 87
town.
Staff seeks approval not only for the agreement with the Southern Arizona Sports Car Club, Inc.,
but also authorization from the Council to proceed in this manner with other organizations who
wish to use the airport for a series of non - aeronautical events. The town's process will include a
review of the desired event by the Public Works Director. If the Public Works Director feels that
the event is acceptable, he will then have the event reviewed by other appropriate town
departments, as would normally take place in any special event permit process. If the series of
events is approved, it will be forwarded to the Legal Department for development of an Apron
Use Permit Agreement similar to the agreement presented to you tonight for approval. These
agreements would then be executed by the Public Works Director pursuant to the Council's
authorization tonight, rather than being taken to Council on an individual basis.
Financial Impact:
The Southern Arizona Sports Car Club, Inc. and any other organization permitted to use the
airport for non - aeronautical special events will be required to pay a permit fee for each event
(currently $500 per event) pursuant to the town's comprehensive fee schedule. Additionally,
permittees will be responsible to pay the airport labor rate (currently $75/hr.) and/or overtime rate
(currently $125 /hr.) as applicable and as established by the comprehensive fee schedule for town
staff required to be on site for any special events.
It is anticipated that these special events will contribute to the town's economy via revenues
associated with lodging, gas and meal expenditures in the town during the events; however, the
amount is unknown at this time.
ATTACHMENTS:
Name: Description: Type:
0 Reso_SCAA_Apron Agreement (00025337).DOC Resolution Resolution
El SCCA Apron_Use_Permit_Agreement_
(00025400).pdf Exhibit A - Apron Use Permit Agreement Exhibit
[11 Apron Use Permit_ Agreement - SCCA -
Exhibit A Exhibit A to Agreement -map Exhibit
_ (00025338).PDF
E] Exhibit B_to_SCCA Airport_Use_Permit Agreement_
(00025340).PDF Exhibit B to agreement -memo Exhibit
Ll Exhibit C to SCCA_Apron_Use Permit Agreement_ Exhibit C to Agreement - supplemental regs Exhibit
(00025341).PDF
0 Exhibit D_to_SCCA_Apron Use Permit Agreement_
(00025348).PDF Exhibit D to agreement - safety plan Exhibit
Staff Recommendation:
Staff recommends approval of the agreement between the Southern Arizona Sports Car Club, Inc.
and the town as well as authorization for town staff to approve similar agreements for future non-
aeronautical special event series.
Suggested Motion:
I move to adopt Resolution No. 2011 -33; approving and authorizing the Public Works Director to
execute an Apron Use Permit Agreement with Southern Arizona Sports Car Club, Inc. and
authorizing town staff to execute other similar agreements for future non - aeronautical special
event series at the airport.
Regular Council Meeting - March 1, 2011 - Page 32 of 87
MARANA RESOLUTION NO. 2011 -33
RELATING TO MARANA REGIONAL AIRPORT; APPROVING AND AUTHORIZING THE
PUBLIC WORKS DIRECTOR TO EXECUTE AN APRON USE PERMIT AGREEMENT BE-
TWEEN THE TOWN OF MARANA AND SOUTHERN ARIZONA SPORTS CAR CLUB, INC.
FOR A SERIES OF NON - AERONAUTICAL SPECIAL EVENTS AT THE AIRPORT; AND AU-
THORIZING TOWN STAFF TO EXECUTE OTHER SIMILAR AGREEMENTS FOR FUTURE
NON - AERONAUTICAL SPECIAL EVENT SERIES AT THE AIRPORT
WHEREAS organizations such as the Southern Arizona Sports Car Club, Inc. approach the
Town of Marana from time to time about holding non - aeronautical special event series at the Marana
Regional Airport; and
WHEREAS town staff has established a process for the review of these requests for special
events; and
WHEREAS special events conducted within the town can enrich the quality of life within the
community and add to the town's economic prosperity; and
WHEREAS authorization of a series of special events, such as the driving events hosted by
the Southern Arizona Sports Car Club, Inc., through an Apron Use Permit Agreement will protect
the health and safety of the town and its residents while reducing the administrative burden of the
special event permitting process; and
WHEREAS the Town Council finds that the adoption ofthis resolution is in the best interests
of the town and its residents.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, AS FOLLOWS:
SECTION 1 . The Apron Use Permit Agreement between the Town of Marana and the South-
ern Arizona Sports Car Club, Inc. attached to and incorporated by this reference in this resolution as
Exhibit A is hereby approved, and the Public Works Director is hereby authorized to execute it for
and on behalf of the Town of Marana.
SECTION 2 . Town staff is hereby authorized to execute other similar agreements for future
non - aeronautical special event series at the Marana Regional Airport when those special events are
approved through the town's established review process.
RegulgMg g s M@gW@ Uj gT,h 1, 2011 - Page 33 of 87 - I - { 00025337.DOC /}
SECTION 3 . 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
this resolution.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MA-
RANA, ARIZONA, this 1 day of March, 2011.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
R eg u1 5V1& 4MpggWgg1y�rph 1, 2011 - Page 34 of 87 -2-
{00025337.DOC /}
TOWN OF MARANA
MARANA REGIONAL AIRPORT
APRON USE PERMIT AGREEMENT
"OWNER ": TOWN OF MARANA
11555 W. Civic Center Drive, Bldg A -3
Marana, AZ 85653
"PERMITTEE ": SOUTHERN ARIZONA SPORTS CAR CLUB, INC.
Attn: Bill Fisher
2224 S. Camino Seco
Tucson, AZ 857,10 -7911
"PERMITTED AREA ": That certain real property at the Marana Regional Airport, located
at 11700 W. Avra Valley Road, Marana, Arizona, consisting of an
approximately 1,300 feet by 6,000 feet area in the south portion of
the ramp area, east of Runway 30, within the airport fence owned
by the Owner and more particularly shown as the "Ramp Area" and
the "Parking" area in the location map attached to and incorporated
in this Agreement as Exhibit A.
In consideration of Permittee's representations and promises in this Apron Use Permit
Agreement (the "Agreement "), Owner hereby gives Permittee permission to use the Permitted
Area during the term of this Agreement for ten monthly solo autocross skill driving events and
two driving schools only, subject to the following representations, terms and conditions:
1. This Agreement shall be effective when it has been executed on behalf of Owner and
Permittee and shall remain in effect until December 31, 2011, unless and until it is
terminated (a) by mutual written agreement of Owner and Permittee or (b) by and at the
sole discretion of Owner.
2. Owner may modify or terminate this Agreement at any time. Owner shall give Permittee at
least 60 calendar days' written notice of modification or termination, unless Owner
determines that a shorter period of notice is necessary in order to address an imminent
health or safety issue.
3. Owner, at its sole discretion, may renew this Agreement for up to five consecutive one -year
periods on the same terms as set forth in this Agreement, by executing a written renewal
signed by Owner and Permittee.
4. "Solo autocross skill driving event" means a timed skill driving event in which one driver at a
time navigates through a temporary course marked by traffic cones with the goal of
maneuvering through the course in the quickest possible time while maintaining complete
control of the vehicle.
(00025151.DOC / 6) Page 1 of 4
Regular Council Meeting - March 1, 2011 - Page 35 of 87
5. Permittee shall be permitted to use the Permitted Area on the following dates:
a. The ten monthly solo autocross skill driving events shall be held on the following
dates in 2011: March 20, April 24, May 22, June 26, July 24, August 28,
September 25, October 23, November 20 and December 11.
b. The two driving schools shall be held on the following dates: May 21, 2011 and
October 15 -16, 2011.
C. These dates and events may be modified or cancelled by mutual written
agreement of Owner and Permittee or by and at the sole discretion of Owner.
6. Pursuant to Section 10 -6 -6 of the Marana Town Code, Owner has waived the application
submittal and permit requirements described in Chapter 10 -6, Sections 10 -6 -2 and 10 -6 -3 of
the Marana Town Code for the events and driving schools that are permitted by this
Agreement, see Exhibit B attached to and incorporated in this Agreement. However,
Permittee shall abide by the conditions for special events as described in Section 10 -6 -4 of
the Marana Town Code as Owner deems those conditions applicable to Permittee's
activities under this Agreement.
7. During the term of this Agreement, Permittee shall use the Permitted Area only for the
described solo autocross skill driving events and driving schools and for parking at those
events. At all times during the term of this Agreement, Permittee shall use the Permitted
Area in keeping with best safety practices for solo autocross skill driving events and driving
schools, including but not limited to, the rules, regulations and procedures set forth in the
latest edition of the Sports Car Club of America's National Solo Rules.
8. During the term of this Agreement, Permittee shall abide by and enforce the Marana Airport
Site Supplemental Regulations, attached to and incorporated in this Agreement as Exhibit C
and the Solo Event Safety Plan, attached to and incorporated in this Agreement as
Exhibit D.
9. Under no circumstances may Permittee (a) use or permit the use of the Permitted Area for
any purpose other than for the described solo autocross skill driving events and driving
schools and for parking at those events, (b) cause or permit waste of the Permitted Area or
(c) adversely affect Owner's title and rights to the Permitted Area, including any water rights
or any other rights owned or claimed by Owner.
10. Permittee shall make no structural or electrical modifications, painting or other alterations to
the Permitted Area.
11. Permittee shall pay Owner the permit fee for non - aeronautical events in the amount
established by the Town of Marana Comprehensive Fee Schedule (the "Fee Schedule ")
adopted by the Town Council and amended from time to time for each solo autocross skill
driving event held and each driving school conducted during the term of this Agreement.
Additionally, Owner shall have at least one of its employees on site at the Marana Regional
Airport during each event and driving school conducted by Permittee and Permittee shall
pay the labor rate of Owner's employee in the amount established by the Fee Schedule
adopted by the Town Council and amended from time to time. Owner shall provide
Permittee with an invoice detailing the amount due after each event or driving school and
Permittee shall make payment within 30 calendar days of receipt of the invoice. Failure of
Permittee to pay the invoice in a timely manner may result in the assessment of late fees in
{00025151.DOC / 6} Page 2 of 4
Regular Council Meeting - March 1, 2011 - Page 36 of 87
the amount established by the Fee Schedule adopted by the Town Council and amended
from time to time and /or cancellation of the event or driving school by Owner. Permittee
shall remit payment of the invoice to:
Marana Regional Airport
c/o Jennifer Mangialardi, Administrative Secretary
11555 W. Civic Center Drive, Bldg. A3
Marana, AZ 85653
12. Permittee's rights under this Agreement may not be assigned by Permittee, but Permittee's
obligations under this Agreement are binding upon Permittee, its heirs, assignees and
designees, and every reference to Permittee in this Agreement shall include and bind
Permittee's heirs, assignees and designees.
13. Permittee shall defend, indemnify and hold harmless Owner, its officers, agents, and
employees from and against any and all claims, demands, causes of action, complaints,
suits, losses, damages, injuries, and liabilities whatsoever (including those for costs,
expenses, and attorneys' fees) arising out of Permittee's use of the Permitted Area or
Permittee's negligent acts or omissions in connection with this Agreement.
14. Permittee shall obtain commercial general liability insurance for the term of this Agreement
in minimum amounts of $1,000,000.00 general liability per occurrence with a minimum
$5,000,000.00 general aggregate limit per occurrence and excess/umbrella liability
insurance coverage of $10,000,000.00 each occurrence /aggregate from carriers acceptable
to Owner. This insurance shall remain in force throughout the life of this Agreement. Owner
shall be named as an "additional insured" under the commercial general liability and
excess/umbrella insurance policy and shall be given at least 30 calendar days' written notice
prior to cancellation or reduction in coverage. Permittee shall deliver one or more
certificates of insurance evidencing coverage as described in this paragraph to Owner
Within 15 calendar days of the execution of this Agreement and shall also deliver new
certificates of insurance each time the policy(s) is updated to:
Marana Regional Airport
c/o Jennifer Mangialardi, Administrative Secretary
11555 W. Civic Center Drive, Bldg. A3
Marana, AZ 85653
15. If Permittee causes any damage to the Permitted Area, Permittee shall promptly make and
pay for the repairs necessary to restore the Permitted Area to its pre - damaged condition. At
the discretion of Owner, if repairs are not initiated and completed within a reasonable length
of time, but in any event within 14 calendar days after Owner gives written notice of damage
to Permittee, Owner may make the repairs and bill Permittee for all costs, plus a reasonable
administrative fee not to exceed 25% of all costs. Permittee shall pay the bill within ten
calendar days of receipt.
16. At the end of each day of its use of the Permitted Area, Permittee agrees that it will pick up
and properly dispose of all trash and debris deposited on the Permitted Area as a result of
Permittee's activities.
100025151.DOC i s} Page 3 of 4
Regular Council Meeting - March 1, 2011 - Page 37 of 87
17. Permittee shall abide by all existing laws of the State of Arizona, County of Pima and Town
of Marana and all regulations of the Federal Aviation Administration, as they may be
amended from time to time.
18. This Agreement is subject to cancellation for conflict of interest pursuant to A.R.S. § 38 -511.
IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the
date of the last signature below.
"OWNER" "PERMITTEE"
TOWN OF MARANA an Arizona municipal SOUTHERN ARIZONA SPORTS CAR CLUB,
corporation INC., an Arizona non - profit corporation
By: By.. - Gam✓ l �L�
Orville Saling
Interim Public Works Director
Date: Date: 2- — 1 7"
APPROVED AS TO FORM:
Town Attorney STATE OF ARIZONA )
SS
County of Pima )
ATTEST:
The foregoing instrument was
acknowledged before me on February
T - 7, 2011, by
Town Clerk
�a✓i d tZoCk the
k- &,iotca,e C Of SOUTHERN ARIZONA
SP RO TS CAR CLUB, INC., an Arizona non-
profit corporation, on behalf of the
corporation.
My commission expires: - 7/zW /7 3
NotaryuPublic
o0low SMI
SI R &
JACQUELINE PEREDA
Commes n *251051
MY C A MgSSiON EXPIRES .JULY 24, 201 S
100025151. DOC / 6) Page 4 of 4
Regular Council Meeting - March 1, 2011 - Page 38 of 87
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EXHIBIT B
MARANA
PUBLIC WORKS DEPARTMENT
r
INTEROFFICE MEMORANDUM
TO: Gilbert Davidson, Town Manager
FROM: Orville Saling, Interim Public Works Director
SUBJECT: Special Events at the Marana Regional Airport
DATE: February 16, 2011
CC: Barbara Johnson, General Manager Public Services
Jane Fairall, Deputy Town Attorney
Chapter 10 -6 of the Marina Town Code provides for an application and permitting process for
special events. The purpose of the chapter is to establish a process for permitting and regulating
certain temporary activities conducted on public or private property when public safety is potentially
impacted.
The Southern Arizona Sports Car Club, Inc. desires to hold special events at the Marana Regional
Airport on a monthly basis. In the past, the Club has completed the special event application and
permitting process described in Chapter 10 -6 in order to hold its events at the airport. The Club's
use of the property for special driving events has been approved by the Town through this process.
Because the Club desires to use the airport property on an ongoing basis for its events, the Town
and the Club have decided to enter into an Apron Use Permit Agreement which, upon execution,
will permit the Club to hold its monthly events, plus two additional driving schools, for the calendar
year of 2011.
Section 10 -6 -6 of the Code provides that the Town Manager or designee has the discretion to waive
the application submittal and permit requirements described in Chapter 10 -6 in appropriate
circumstances. I request that you waive these requirements for the events that will be permitted
upon full execution of the Apron Use Permit Agreement between the Southern Arizona Sports Car
Club, Inc. and the Town of Marana. The Club's events have previously been approved through the
Town's special event permitting process on numerous occasions and pursuant to the Apron Use
Permit Agreement, future events will be of a similar type and nature. Moreover, the terms and
conditions of the Apron Use Permit Agreement will provide the appropriate framework for these
special events.
Additionally, I request that you appoint me as your designee for purposes of Section 10 -6 -6 of the
Town Code for any future special events at Marana Regional Airport which will be covered under an
Apron Use Permit Agreement similar to the Agreement that will be entered into between the
Southern Arizona Sports Car Club, Inc. and the Town.
{00025314.DOC /}
TOWN OF MARANA — PUBLIC WORKS DEPARTMENT
M1
Regular Council Meeting -March 1,
M95 DRIVE, MARANA, ARIZONA 85653
PHONE: (520) 382 -2600 — FAX: (520) 382 -2640
Gilbert Davidson, Town Manager
February 16, 2011
Page 2
j
t
i
Thank you for your consideration.
I
F
1
Pursuant to Section 10 -6 -6 of the Marana Town Code, I hereby waive the special event application
submittal and permit requirements described in Chapter 10 -6 for the events and driving schools that
will be permitted by the Apron Use Permit Agreement between the Town of Marana and the
Southern Arizona Sports Car Club, Inc. upon full execution of that Agreement.
Additionally, I appoint Orville Saling, Interim Public Works Director, as my designee for purposes
of Section 10 -6 -6 of the Town Code for any future special events at Marana Regional Airport which
will be covered under an Apron Use Permit Agreement similar to the Agreement that will be entered
into between the Southern Arizona Sports Car Club, Inc. and the Town. This appointment will
remain in effect unless and until it is revoked in writing.
Nr7�'Ax
Gilb D son, Town Manager Date
Regular Council Meeting - March 1, 2011 - Page 41 of 87
{00025314.DOC /}
i
EXHIBIT C
C
I
I Arizona Border Region #88
r
Sports Car Club of America
i
November 21, 2010
Marana Airport Site Supplemental Regulations
WARNING: Failure to comply with regulations will result in you being asked to leave the event.
Please take extra precautions to ensure the site is kept safe, clean and not damaged in any way. We need to
maintain a positive relationship with the airport so we can continue use of the site. Remind others around
you if they appear to have forgotten the rules. Use garbage cans located near the paddock, grid, and trailer.
AZBR will provide boards for use with jacks and jack stands. They must be used to prevent damage to the
pavement.
1. Site entry - do not show up before the published gate open time as we will be setting up the paddock
and other required boundaries.
2. Participating cars and tow vehicles shall be parked in the paddock area as indicated on the course /site
map. Park on the pavement only. Do not park on the dirt.
3. The Beech Starship aircraft located on the site are off limits. Do not visit them.
4. All participants and spectators shall remain in the autocross site area. This is defined by the lighter
pavement area (uncoated). The aircraft taxi ways on the west and north edges are off limits. They are
coated and appear darker.
5. Boards shall be used under jacks and jack stands to prevent damage to the pavement. AZBR will
provide the boards and they will be located near the paddock area. Ask if you cannot find them.
Please return them when finished so they can be used at future events.
6. Cars entered for competition shall remain on the paved area once entered until ready to leave the site.
This is to minimize dirt and debris that could be transferred from unpaved areas by sticky tires.
7. Fluids leaked onto the pavement will NOT be tolerated. Water (i.e. air conditioner condensation) is
acceptable. If your car leaks any oil or other fluids you will not be allowed to run. Either fix the leak
before the event or do not participate. You can get a refund if desired up to 24 hours before the event.
Contact Jeff Israel at webmaster @azbrscca.org. If your car leaks when you show up on the site you
will not be allowed to run. The exception to this is a breakage that occurs while participating in the
event. If the leak can be repaired quickly off the pavement then continuing to run may be allowed.
We do understand that things can go wrong while running your car.
8. If your car is really loud, i.e. does not fit within the SCCA rules of 100db, then put a muffler on. If
you have to question whether your car loudness is close to the limit, then put the muffler on.
9. One portable toilet will be provided (rented by AZBR). Please keep it clean.
10. The site is an active airport and any FOD (Foreign Object Debri), from a Kleenex to a water bottle, is
dangerous to the operating aircraft and to our future use of the site. Contain your own trash and pick
up anything you see. There will be garbage cans on site. Use those or take trash off site when you
leave.
11. If an aircraft taxis on the either of the two taxi ways immediately adjacent to the course, the event
will be stopped until the aircraft is clear of the area. If you are in the middle of a run you will get a re-
f run. This is not a likely scenario, but be prepared in case it happens.
Regular Council Meeting - March 1, 2011 - Page 42 of 87
EXHIBIT D
r
s
SOLO_ EVENT SAFETY PLAN, Continued
I
SOLO EVENT SAFETY PLAN
i
r
i
ARIZONA BORDER REGION - SPORTS CAR CLUB OF AMERICA I
i
1. EVENT PERSONNEL
Solo Events Chairman: Robert Rockefeller
Solo Safety Steward: To be determined for each event
Regional Executive: David Rock
2. INSURANCE
Certificate of Policy & Sanction number: Posted at each event
SCCA Emergency contact: SCCA Risk Management: 1- 800 - 770 -9994 (Pete Lyon)
Risk management report forms: Filed in trailer
3. SITE FIRST AID
First aid kit located in trailer
4. SITE EMERGENCY EQUIPMENT
Fire extinguishers located at all worker stations and timing trailer.
Hydraulic jacks located at David Rock and Robert Rockefeller paddock sites.
Wheel dollies located at timing trailer.
Fire Station on 6625 North Sandado Road
S. COMMUNICATION
Cell phones at event site
6. EMERGENCY FUNCTIONS
Marana Airport: Emergency Medical Service 911
Picture Rocks Fire District 911
Marana Police Department 911
f
7. SOLO SITE CONTACTS
SCCA
Regional Executive — Dave Rock (520 )481 -8389
Solo Director — Rob Rockefeller (520)907 -4797
MARANA REGIONAL AIRPORT
Manager — Orville Seling (520)382 -2508
Coordinator —Galen Boom (520)437 -6220
SITE SECURITY AND COURSE
• Verify waiver worker position is in place at inner gate
• Verify course design, layout, and safety distances meet SCCA guidelines
• Review and approve site and course layout with designated Solo Safety Steward(s)
DRIVERS MEETING
• Emphasize safety related issues concerning the entire event:
All participants must sign insurance waiver and wear wrist band
No small children or pets in grid area
Drive at walking speed in paddock and grid (when not on course)
Slow down after exiting course
Red flag procedures for drivers and course workers
Course worker safety procedures
Driver safety responsibilities: Stop for any safety related issue, don't wait for a red flag
Responsible driving while off site
Rec�@EoAiPi9Meebng - March 1, 2011 - Page 43 of 87 2117/11
i
SOLO EVENT SAFETY PLAN, Continued
COMPETITOR'S DNF (Did Not Follow or Finish Course)
• Stop the event if required to address the situation
• Direct competitor off course
• Assist competitor with course following instructions before their next timed run
i
SPECTATOR TRESPASSES ON COURSE
• Stop cars on course, and stop the event if required to address the situation
• Escort individual off of the course
• Explain site use and granted permission to use site
• Consult Solo Safety Steward before restarting event
COMPETITOR'S MECHANICAL DNF (Did Not Finish due to car problems)
• Stop the event if required to address the situation
• Determine that no injury exists, or refer to "INJURY" category below
• Clear car from course, clean debris if needed, replace course markings
• Notify competitors if slippery condition exists
• Re- inspect car if competitor makes repairs and wants to make next run
• Tech inspector notify timing / scoring of approval to run car
SEVERE WEATHER
• Heavy rain making it difficult for competitors to stay on course: Stop event until visibility
improves. Re -apply course marking if applicable
• Thunderstorm or lightning strike within Y2 mile: Stop event and bring all workers off of the
course. Take appropriate shelter. Wait 10 minutes from last near by lightning strike.
• Solo Safety Steward(s) and Event Chairman will determine when to resume competition.
Notify timing / scoring of approval to continue.
i
PROPERTY DAMAGE (as required):
• Stop the event if required to address the situation
• Determine no injury exists, or refer to "INJURY" category below
• Clear car from course, clean debris if needed, replace course markings
• Notify airport if there is injury or site damage (Galen /Orville)
• Get all data to complete SCCA accident report
• Notify SCCA risk management by telephone. See separate SCCA reporting procedure
• Re- inspect car if competitor makes repairs and wants to make next run
• Tech inspector notify timing / scoring of approval to run car
• Consult Solo Safety Steward(s) before restarting event: review course and overall situation
• Solo Safety Steward(s) and Event Chairman will review entrant's request to continue in
the competition. Notify timing / scoring of approval to continue.
INJURY (as required):
• Stop the event if required to address the situation.
• Apply immediate first aid.
• If more than a simple band -aid is required, follow steps listed below.
• Transport individual to care facility, or call for ambulance if required.
• Notify "Emergency Contact" as identified on competitor's registration form.
• Notify Emergency medical service if required (send someone to street gate to help guide
vehicles in)
• Notify Police if required (send someone to street gate to help guide vehicles in)
ReW(?b9A(l Meeting - March 1, 2011 - Page 44 of 87 2/17/11
f
SOLO EVENT SAFETY PLAN, Continued ,
• Notify airport (Galen /Orville)
• Get all data needed to complete SCCA accident report ;
• Notify SCCA risk management by telephone. See separate SCCA reporting procedure
• Consult Solo Safety Steward(s) before restarting event: review course and overall situation
• Chief Safety Steward and Event Chairman will review entrant's request to continue in t
the competition after treatment of injury. Notify timing / scoring of approval to continue.
s
FIRE (as required):
• Stop the event if required to address the situation
• Determine that no injury exists, or refer to "INJURY" category above
• Use extinguishers at site
• Call Fire Department if required. (send someone to street gate to help guide vehicles in)
• Notify Police if required (send someone to street gate to help guide vehicles in)
• Notify airport (Galen /Orville)
• Get all data needed to complete SCCA accident report
• Notify SCCA risk management by telephone. See separate SCCA reporting procedure
• Re- inspect car if competitor makes repairs and wants to make next run
• Tech inspector notify timing /scoring of approval to run car
• Consult Solo Safety Steward(s) before restarting event: review course and overall situation
OTHER (Any situation Involving Non - Entrant)
Identify category as: INJURY or PROPERTY DAMAGE. Treat situations as defined above
i
I
f
RJ�090dbdai Meeting - March 1, 2011 - Page 45 of 87 2117111
ARAN
�'
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, March 1, 2011, 7:00:00 PM
To: Mayor and Council Item A 2
From: Cedric Hay , Senior Assistant Town Attorney
Strategic Plan Focus Area:
Not Applicable
Subject: Ordinan No. 20. 11.08: Relating to Council; amending Marana Town Code section
2 -4 -1 (A) to eliminate the requirement that a council meeting must be held on the third
Tuesday of every month and establishing procedures by which the Mayor, Council
Members and the Town Manager may request additional meetings as necessary
Discussion:
The Town Code currently requires that regular council meetings be held on the first and third
Tuesdays of every month. This requirement sometimes results in meetings being held when the
business that needs to be addressed can be just as effectively taken care of with just one meeting
in any given month. The elimination of the unnecessary meeting would result in a cost savings to
the Town and would make the meetings which are held more productive.
If adopted, this Ordinance eliminates the requirement that a meeting must be held on the third
Tuesday of every month while also establishing procedures by which additional meetings may
still be scheduled if necessary.
In addition, language relating to the time meetings shall begin has been deleted as this
information is addressed elsewhere in the code and is included in the public notices when they
are posted.
Financial Impact:
The elimination of unnecessary meetings will save the Town facility costs as well as staff time
and energy.
ATTACHMENTS:
Name: Description: Type:
O Council _meeting—schedule_00025351_.pdf Ordinance Ordinance
Staff Recommendation:
Staff recommends adoption of this ordinance as a means of streamlining our processes and
making the Council meeting process more efficient.
Regular Council Meeting - March 1, 2011 - Page 46 of 87
Suggested Motion:
I move to adopt Ordinance 2011.08; amending Town Code section 2- 4 -1(A) to eliminate the
requirement that the Town Council shall hold a regular meeting the third Tuesday of every
month.
Regular Council Meeting - March 1, 2011 - Page 47 of 87
MARANA ORDINANCE NO. 2011.08
RELATING TO COUNCIL; AMENDING MARANA TOWN CODE SECTION 2 -4 -1 (A) TO
ELIMINATE THE REQUIREMENT THAT A COUNCIL MEETING MUST BE HELD ON
THE THIRD TUESDAY OF EVERY MONTH AND ESTABLISHING PROCEDURES BY
WHICH THE MAYOR, COUNCIL MEMBERS AND THE TOWN MANAGER MAY
REQUEST ADDITIONAL MEETINGS AS NECESSARY
WHEREAS Section 2 -4 -1 of the Marana Town Code states "the Council shall hold its
regular meetings on the first and third Tuesday of each month;" and
WHEREAS there are times when the business before the Council can be effectively con-
ducted at just one meeting in a given month; and
WHEREAS the Town Council finds that there would be a cost savings realized by the
Town in terms of staff time and facility costs if fewer meetings were held.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, AS FOLLOWS:
Paragraph A of Section 2 -4 -1 of the Marana Town Code (Regular and special council
meetings) is hereby revised as follows (with deletions shown with s#i keetAs and additions
shown with double underlining
A. All meetings of the council shall be public meetings and shall be conducted in ac-
cordance with A.R.S. § 38 -431 et seq. (the "open meeting law ") and all other federal,
state and local laws. The council shall hold its regular meetings on the first and -third
Tuesday of each month, provided that when the day fixed for any regular meeting of
the council falls upon a day designated by law as a legal holiday or election day, the
meeting shall be held on the next succeeding day which in not a holiday, unless oth-
erwise set by action of the council. Additional meetings may be scheduled as needed
upon request to the Town Clerk by the Mayor, three Council Members or the Town
Manager. Additional meetings shall be noticed and agendized in accordance with the
provisions of this code and applicable state statutes. "" r ° ^� �' °r °..,_
Rt 7
-_ _0 P.M. URless A-theRMSA designated.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 1 day of March, 2011.
Mayor Ed Honea
ATTEST: APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney
Regu1yqRgRAMJft%1p;301Mgg;h 1, 2011 - Page 48 of 87 _ 1 - (00025351.DOC /}
ARANA
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, March 1, 2011, 7:00:00 PM
To: Mayor and Council Item A 3
From: Dorothy O'Brien , Utilities Director
Strategic Plan Focus Area:
Community Building
Strategic Plan Focus Area - Additional Information:
Secure needed water resouces and infrastructure.
Subject: Resolution No. 2011 -34: Relating to Utilities; requesting the City of Tucson to
include a Stored Water Credits surcharge in the water rates charged to Tucson Water
customers within the town limits of the Town of Marana
Discussion:
On December 5, 2000, the Town of Marana and the City of Tucson entered into an IGA which
facilitated the connection to the Tucson Water system of new water customers located within the
town limits. In exchange for the connection, paragraph 6.2 of the 2000 IGA required Marana to
transfer stored water credits to Tucson each year in an amount equal to the total water use by the
new water customers. The 2000 IGA is provided as backup material for this agenda item, along
with the May 18, 2010 supplemental Tucson/Marana IGA, which extended the 2000 IGA through
December 13, 2012.
Beginning in 2001, customers located in Marana began being connected to the Tucson Water
system in reliance on the 2000 IGA. Marana has transferred 1,043.3 acre -feet of stored water
credits to Tucson for water usage during calendar years 2001 through 2008 as required by the
2000 IGA.
Paragraph 6.4 of the 2000 IGA allows Marana. to request a Tucson Water surcharge to cover
Marana's costs associated with the transfer of stored water credits to Tucson. Until now, Marana
has not exercised its right to request the surcharge, but the costs are now substantial enough to
warrant it. As a result, the Utilities Department now proposes a stored water credits surcharge of
eight cents per hundred cubic feet ($0.08 /cco to be charged to all Tucson Water customers who
live in Marana. to cover Marana's cost of providing the stored water credits.
As part of its presentation on this item, town staff will explain and answer any questions relating
to its methodology and approach for establishing the stored water credits surcharge.
Financial Impact:
The Utilities Department is an enterprise fund. The amount of the stored water credits surcharge
Regular Council Meeting - March 1, 2011 - Page 49 of 87
is calculated to cover Marana's cost of providing the stored water credits under the 2000 IGA.
ATTACHMENTS:
Name: Description: Type:
LI RESO_Tucson Water_ Stored _Water_Credits_Surcharge.doc Resolution Resolution
❑ 2000_COT_Water_Sevice in TOM.pdf 2000 Marana/Tucson water service IGA Backup
Material
O 20100518 Tucson Marana 2010 Tucson Marana supplemental water Backup _Supplemental water service IGA.pdf service IGA Material
Staff Recommendation:
The Utilities Department recommends the adoption of Resolution No. 2011 -34, establishing the
stored water credits surcharge for Tucson Water customers in Marana.
Commission Recommendation - if applicable:
The Utilities Commission recommends the adoption of the stored water credits surcharge.
Suggested Motion:
I move to adopt Resolution No. 2011 -34; establishing the stored water credits surcharge for
Tucson Water customers in Marana.
Regular Council Meeting - March 1, 2011 - Page 50 of 87
MARANA RESOLUTION NO. 2011 -34
RELATING TO UTILITIES; REQUESTING THE CITY OF TUCSON TO INCLUDE A STORED
WATER CREDITS SURCHARGE IN THE WATER RATES CHARGED TO TUCSON WATER
CUSTOMERS WITHIN THE TOWN LIMITS OF THE TOWN OF MARANA
WHEREAS the City of Tucson provides water service to certain areas within the town limits
of the Town of Marana; and
WHEREAS the Town of Marana and the City of Tucson entered into an intergovernmental
agreement dated December 5, 2000, and recorded in the Pima County Recorder's office on
December 13, 2000 at Docket 11444, Page 1792 (the "2000 IGA "); and
WHEREAS paragraph 6.2 of the 2000 IGA requires the Town of Marana to transfer long-
term storage credits ( "Stored Water Credits ") to the City of Tucson to cover water usage attributable
to Tucson Water customers who are located in Marana and connected after the effective date of the
2000 IGA; and
WHEREAS paragraph 6.4 of the 2000 IGA provides for the City of Tucson to include, upon
the Town of Marana's written request, a Stored Water Credits surcharge in the water rates charged to
Tucson Water customers within the Marana town limits; and
WHEREAS the Stored Water Credits surcharge established by this resolution provides
reasonable cost - recovery to the Town of Marana based on the town's current actual costs attributable
to the transfer of Stored Water Credits to the City of Tucson as required under the 2000 IGA; and
WHEREAS the 2000 IGA was extended and remains in force and effect pursuant to an
amendment recorded in the Pima County Recorder's office on May 21, 2010 at Docket 13814, Page
4119 (the "2010 Amendment "); and
WHEREAS the 2000 IGA and the 2010 Amendment benefit all Tucson Water customers in
Marana by assuring the continued availability of water connections for new and expanded
development within the Tucson Water service area.
NOW, THEREFORE, be it resolved by the Mayor and Council of the Town of Marana,
Arizona, as follows:
SECTION 1. The Town of Marana hereby requests the City of Tucson to include a Stored
Water Credits surcharge of eight cents per hundred cubic feet ($0.08 /ccf) in the water rates charged
to Tucson Water customers within the town limits of the Town of Marana, in accordance with
paragraph 6.4 of the 2000 IGA.
Regul a �l , _ 1, 2011 - Page 51 of 87 _ 1 - Tucson Water /Stored Water Credits Surcharge
SECTION 2. The Town's Utilities Director is hereby directed to transmit a copy of this
resolution to the City of Tucson as the Town of Marana's formal written request under paragraph 6.4
of the 2000 IGA.
SECTION 3. The various Town officers and employees are authorized and directed to
perform all acts necessary or desirable to give effect to this resolution.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 1 s ' day of March, 2011.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Regul l q - 3 Varch 1, 2011 - Page 52 of 87 -2- Tucson Water /Stored Water Credits Surcharge
F. ANN RODRIGUEZ, RECORDER
RIFCORD'18Z: M871 oq*(),o PA11444
DEPUTY RECORDER 1786
NO. OF PAGES: 3
C 5132 ROOC SEQUENCE: 20002400527
TU CS S O TUN cITY CLERK 12
Ras
255 N ALAMEDA 16:22
TUCSON AL 85701 PICPW
AMOUNT PAID $ 7.00
ADOPTED BY THE
MAYOR AND COUNCIL
Nov 13 2000
RESOLUTION NO.
RELATING TO WATER; AUTHORIZING AND APPROVING THE EXECUTION
OF AN INTERGOVERNMENTAL AGREEMENT WITH TOWN OF
MARANA REGARDING TUCSON WATER SERVICE AREA WITHIN THE
MARANA TOWN BOUNDARIES
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
TUCSON, ARIZONA, AS FOLLOWS:
SECTION 1. The Intergovernmental Agreement with the Town of Marana
Regarding Tucson Water Service Area within the Marana Town Boundaries,
which agreement is attached hereto as Exhibit A. is authorized and approved.
SECTION 2. The Mayor is hereby authorized and directed to execute the
Intergovernmental Agreement attached as Exhibit A for and on behalf of the City 1
i
of Tucson, and the City Cleric is authorized and directed to attest to the same. 4
4
SECTION 3. The various City officers and employees are authorized and 4
directed to perform all acts necessary or desirable to give effect to this
resolution. o
SECTION 4. WHEREAS, it is necessary for the preservation of the
peace, health and safety of the City of Tucson that this resolution become -
t� r,
immediately effective, an emergency is hereby declared to exist, and rhis''
resolution shall be effective immediately upon its passage and adoption:.
Regular Council Meeting - March 1, 2011 - Page 53 of 87
_ a
PASSED, ADOPTED AND APPROVED by the Mayor and Council of the
City of Tucson, Arizona NOV 1'3 2000
MAYO
ATTEST:.
CITY CLERK
APPRO ED A O F RM: REVIEWED BY:
----- ������ CITY ATTORNEY C MANAG
CA:ds
isllwork %dslmsoWaranaService]GA.doe
10/39/00 3:00?M
4
d
9
8
Regular Council Meeting - March 1, 2011 - Page 54 of 87
Certificate o Cferk
• City of Tucson •
State ofArizona
County of Tima SS
I, Kathleen S. Detrick, the duly appointed and qualified City Clerk of the
City of Tucson, Arizona, do hereby certify that the foregoing is a true and correct
copy of Resolution No. 18767 which was passed and adopted by the Mayor and
Council of the City of Tucson, Arizona, at a meeting held on November 13, 2000,
at which a quorum was present, by the affirmative vote of not less than five- sixths
of the Council, taken by ayes and noes.
In Witness Whereof, I have hereunto set my hand and affixed the seal of
1
the City of Tucson, Arizona on December 11, 2000, f
Total of 2 page(s) certified
F i
(Intergovernmental Agreement recorded separar'
V .
" City ; Clerk - : N
Regular Council Meeting - March 1, 2011 - Page 55 of 87
F. ANN RODRIGUF RECORDER DC"_'7,T:
RECORDED BY: M: �r �`M 11
� P1�, 1789
0
DEPUTY RECORDER 0 0 NO. OF PAGES: 3
5132 ROOC,
CCCLK SEQUENCE: 20002400526
TUCSON CITY CLERK ;C otyt- RES 12/13/2000
255 W ALAmEDA 15:22
TUCSON AZ 85701 PICKUP
AMOUNT PAID $ 7.00
MARANA RESOLUTION NO. 2000 -126
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA,
APPROVING THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF
MARANA, AN ARIZONA MUNICIPALITY, AND THE CITY OF TUCSON, A MUNICIPAL
CORPORATION CONCERNING THE OFFERRING OF NEW WATER SERVICE TO AREAS
WITHIN THE PRESENT AND FUTURE TOWN BOUNDARIES.
VaffiREAS, the City of Tucson and the Town of Marana are empowered by A.R.S. Title I I,
Chapter 7, Article 3 to enter into this IGA; and
WHEREAS, Tucson is authorized by the Tucson Charter, Chapter N, Section 1(7) "...to
establish, maintain, equip, own and operate, works and appliances within and without city and for
supplying the city and its inhabitants also persons, firms and corporations outside Tucson, including
other municipal corporations, with water...;" and -
WHEREAS, Tucson presently owns and operates a water utility serving areas both within
and without the limits of Tucson, including areas within and immediately adjacent to the Town limits
of Marana; and
WHEREAS, Tucson and Marana propose to coordinate the development of water service
areas and water infrastructure within and adjacent to the Marana boundaries as provided for in the
attached Intergovernmental Agreement between Tucson and Marana so as to maximize the efficiency
of water delivery within adjacent to the Town; and
WHEREAS, Marana has expressed an interest in purchasing Tucson's water service area and
facilities within the Marana boundaries; and
WHEREAS, Tucson has agreed to consider the sale of its water service area and facilities
within the Town boundaries to Marana and has caused an appraisal of this service area and facilities
to be performed; and
A
T
WHEREAS, both Marana and Tucson agree, pursuant to the attached Intergovernmental 4
Agreement, to continue discussions toward completing the purchase of water faciIities bj lhe' T '
of Marana; and -
f
WHEREAS, Tucson, pursuant to its June 26, 1979 IGA with Pima Cotinty; and rts February . ."'
7, 2000 Supplemental Effluent IGA ( "Supplemental IGA ") with Pima County', the Effluent
derived from the Metropolitan-area (currently Roger Road and Ina Road) Wastewafe_r -''
Plants subject to agreements Tucson has with other entities: the Conservation ue6i Pool"
RegMsta e&almthbiiiFtppP&H M.ot, he entitlement of Pima County to 10 %bf'97i Effluent, and
the entitlement of Secretary of Interior to the S.AWRSA Effluent; and
Ma.-aaa. Arixorn Resoludon No. 2000 -126 Page 1 of 3
WHEREAS, Tucson and Marana are prepared to negotiate a separate Intergovernmental
Agreement that will give Marana reasonable access to Effluent from the Waters of Marana; and
WHEREAS, the Mayor and Council of the Town of Marana determine that the acceptance
of this Intergovernmental Agreement between the Town of Marana and the City of Tucson would
benefit the residents of the Town and be in the Town best interest.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana, Arizona, that the Intergovernmental Agreement, attached hereto as Exhibit A, and
specifically incorporated herein by this reference, is hereby approved.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this
21 st day of November, 2000.
ATTEST: MayojROBYY SUTTON, JR.
ocelyn C ntz
Town Clerk
APPROVED AS TO FORM:
t
Daniel J. Hochuli, Esq.
As Town Attorney
and not personally g
A
14
r -
.. i � r:--• N . a ..
Regular Council Meeting - March 1, 2011 - Page 57 of 87
Marana, Arizona Resolution No. 3000 -126 Page 2 of 3 "
E)=IT A
Intergovernmental Agreement
(SAME AS EXHIBIT A TO CITY OF TUCSON RESOLUTION NO. 18767)
4
A
r
I
Regular Council Meeting - March 1, 2011 - Page 58 of 87
Ma.-ana, Aryan Resoiucion No. 2000 -126 Page 3 of 3
F - IN RODRIGUEZ, RECORDER
RECORDED BY: EA +Pryer DOCKET: 11444
D 7 0 PAGE: 1792
DEPUTY RECORDER p� G1
5132 NG. OF PAGES: 12
CCCLK ROOC I SEQUENCE: 20002400529
TUCSON CITY CLERIC
1 2/13/2000
255 K ALAMEDA X8 1 0� AG 16:22
TUCSON A2 85701
PICKUP
AMOUNT PAID $ 10.50
AGREEMENT BETWEEN THE CITY OF TUCSON AND THE TOWN OF
MARANA REGARDING TUCSON WATER SERVICE AREA
WITHIN THE MARANA TOWN BOUNDARIES
This is an Intergovernmental Agreement dated this f day of c (K� ?000
by and between the City of Tucson, Arizona, a municipal corporation, hereinafter
referred to as `Tucson' and the Town of Marana, Arizona, a town organized pursuant
to A.R.S. § 9 -231 et seg., hereinafter referred to as "Marana ".
Section I. Recitals
The following recitals represent the general principles on which the parties' agreements
are based:
1.1 Tucson and Marana are empowered by A.R.S. Title 11, Chapter 7, Article 3 to
enter into this Agreement.
1.2 Tucson is authorized by the Tucson Charter, Chapter IV, Section 1(7) "...to
establish, maintain, equip, own and operate, works and appliances within and
without city for supplying the city and its inhabitants also persons, firms and
corporations outside Tucson, including other municipal corporations, with
water..."
1.3 Tucson presently owns and operates a water utility both within and without the
limits of Tucson.
1.4 Tucson presently provides water service within and immediately adjacent to the ;
incorporated boundaries of Marana.
1.5 The City and the Town wish to coordinate the development of water service areas 4.
and water infrastructure within and adjacent to the Town boundaries.
1.6 Marana has expressed an interest in purchasing Tucson's water service area and
facilities within the Town boundaries.
1.7 Tucson has agreed to consider the sale of its water service area and facilities '
within the Town boundaries to Marana and has caused an appraisal of this service
area and facilities to be performed.
1.8 Tucson, pursuant to its June 26, 1979 IGA with Pima County, and its February 7,
2000 Supplemental Effluent IGA ( "Supplemental IGA ") with Pima County, owns
the Effluent derived from the Metropolitan-area (currently Roger Road and Ina
Road) Wastewater Treatment Plants subject to: the Conservation Effluent Pool
established in the Supplemental IGA, the entitlement of Pima County to 10% of
the Effluent, and the entitlement of Secretary of Interior to the SAWRSA
Effluent.
Regular Council Meeting - March 1, 2011 - Page 59 of 87 EX __�__TO RESOLUTION NO. &�k7
(361279.2) CITY OF TUC SON CONTRACT N0. I
ORIGINAL 1 OF .1
1.9 Tucson and Marana are prepared to negotiate a separate Intergovernmental
Agreement that will give Marana reasonable access to Effluent from the Waters of
Marana.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties covenant and agree as follows:
Section II. Statement of Purpose
The purpose of this Agreement is to create and set forth and define the intended
relationships between Marana and Tucson regarding the provision of water service within
the boundaries of Marana and to establish an orderly process for future negotiations on
the purchase by Marana of Tucson's water service areas within Marana and control of
Effluent derived from the Waters of Marana.
Section III. Defmitions
Notwithstanding any similarities as may appear when compared to the definitions in the
1980 Groundwater Management Act or elsewhere in A.R.S. Title 45, or any other statute,
the following words and phrases shall have the following defined meanings for the
purpose of this Agreement:
3. I Addendum An amendment, addition, or deletion to this Agreement adopted and
approved by the parties shall be called an "Addendum" and shall be numbered
and dated, such as "Addendum 1, Adopted May 1, 2001 ".
3.2 Agreement This intergovernmental agreement between the City of Tucson and
the Town of Marana regarding Tucson Water service areas within the Marana
town boundaries.
3.3 Default An act or omission which violates this Agreement.
3.4 Conservation Pool Effluent Effluent reserved for environmental uses under
Section V of the Supplemental IGA.
3.5 Continental Ranch Service Area That portion of the Town of Marana to which
Tucson is obligated to provide water service pursuant to the agreement between
Tucson and Stewart Title and Trust of Tucson, Trust Nos. 1746 and 2270 dated =
November 19, 1980, as amended. _
J
3.6 Dove Mountain Service Area That portion of the Town of Marana to which
Tucson is obligated to provide water service pursuant to the agreement between
Tucson and Tortolita Mountain Properties Limited Partnership dated September
19, 1988, as amended. a
=f
3.7 Effluent Wastewater that has received a minimum of secondary wastewater n
treatment including wastewater that has received treatment to higher standards.
(351279.2)
Regular Council Meeting - March 1, 2011 - Page 60 of 87 2
3.8 Identified Areas The areas identified by Marana on the most recent Marana
Water Service Area Map as areas which are receiving water service from Marana
or to which Marana intends to provide water service.
3.9 Ina/ThoMydale Area The area along Thornydale Road between Orange Grove
Road and Ina Road that lies within the Town of Marana, but which currently
receives service from Tucson.
3.10 Identified Portions The portions identified by Marana to which Marana intends
to provide water service according to the most recent Marana Annexation Area
Map.
3.11 Reporting Year The calendar year in which reports are made by Tucson to
Marana of water received and water deliveries pursuant to Subsection 6.1 of this
Agreement.
3.12 Marana Annexation Area Ma R: A map of the areas planned to be annexed into
the Town boundaries of Marana which identifies those portions of the planned
annexation areas to which Marana intends to provide water service.
3.13 Marana Water Service Area Map A map of the areas within the town boundaries
of Marana to which Marana is providing water service or intends to provide water
service.
3.14 New Water Service Water service extended by Tucson after the effective date of
this Agreement to customers within the boundaries of Marana, outside the Dove
Mountain Service Area and the Continental Ranch Service Area.
3.15 Waters of Marana All water purchased, pumped or developed by Marana in any
way, including Central Arizona Project water, groundwater, surface water, and
Effluent, for which there is a water right or a contractual right.
3.16 SAWRSA Effluent The 28,200 acre feet, plus losses, of annual Effluent
entitlement which Tucson assigned and conveyed to the United States by contract
dated October 11, 1983, pursuant to the provisions of the Southern Arizona Water
Rights Settlement Act ( "SAWRSA ").
L
3.17 Stored Water Credits Long -term storage credits issued by the Arizona
Department of Water Resources ( "ADWR ") for water stored in underground r
storage facilities or groundwater storage facilities pursuant to Title 45, Chapter
3. 1, Arizona Revised Statutes, except that the following will not be Stored Water 4
Credits for purposes of this Agreement:
i
3.17.1 Long term storage credits accrued for effluent stored in
managed underground storage facilities will not be Stored Water Credits for purposes of
this Agreement; and
Regular C6ifi9oMQating - March 1, 2011 - Page 61 of 87
3
3.17.2 Long term storage credits included by the Director of ADWR
under A.R.S. § 45- 855.01 in determining whether to designate Marana as having an
assured water supply.
Section IV. Coordination on Water Service Areas
4.1 Marana will, within 30 days following the effective date of this Agreement,
provide to Tucson a Marana Water Service Area Map and will update this map to
Tucson each year thereafter on or before March 31. Tucson will not after receipt
of a Marana Water Service Area Map, extend New Water Service to any
customers within the Identified Areas.
4.2 Following receipt of the Water Service Area Map or any update thereto, the City
will determine the areas to which the City may extend New Water Service outside
the Identified Areas in conformance with adopted Mayor and Council Water
Policies. Tucson will provide Marana a map of any areas to which it may not
provide service pursuant to those policies within 30 days of the receipt of the
Water Service Area Map or any update thereto. Should Tucson's Mayor and
Council Water Policies be amended to alter Tucson's ability to serve within the
Marana Service Area, Tucson will provide any required alterations to Marana
within 30 days of any such amendment.
4.3 Marana will, within 30 days following the effective date of this Agreement,
provide to Tucson a Marana Annexation Area Map. As the areas planned to be
annexed into the Town boundaries change, Marana will provide to Tucson an
updated Marana Annexation Area Map. Tucson will not, after receipt of a
Marana Annexation Area Map, extend New Water Service to any customers
within the Identified Portions.
4.4 Following receipt of the Annexation Area Map or any update thereto, the City
will determine the areas to which the City may extend New Water Service outside
the Identified Areas in conformance with adopted Mayor and Council Water
Policies. Tucson will provide Marana a map of any areas to which it may not
provide service pursuant to those policies within 30 days of the receipt of the
Annexation Area Map or any update thereto. Should Tucson's Mayor and
Council Water Policies be amended to alter Tucson's ability to serve within the
Annexation Area, Tucson will provide any required alterations to Marana within
30 days of any such amendment.
R
Section V. Coordination on Water Infrastructure A
5.1 Tucson and Marana will develop an on -going consultation process to coordinate
the development of water infrastructure within the boundaries of Marana, f
including development of local water resources, water storage facilities, and water ;
transmission mains.
5
5.2 Marana is currently planning to construct potable water storage facilities in the
vicinity of the Continental Ranch Service Area. At Tucson's request and subject
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Regular Council Meeting - March 1, 2011 - Page 62 of 87 4
to reasonable technical requirements imposed by Marana, Marana will allow
Tucson an interconnection to these water storage facilities. Tucson will pay the
cost of the interconnection and necessary meters. To the extent that Tucson
requires additional water resources to meet peak demands in the Continental
Ranch Service Area, Tucson may, subject to reasonable notice requirements,
withdraw water from Marana's potable water storage facilities in order to meet
such peak demands.
5.3 Marana and Tucson will coordinate planning for the provision of additional water
infrastructure in the vicinity of but outside the Dove Mountain Service Area and
will evaluate the feasibility of Marana supplying additional water resources to the
area. In the event it is feasible and desirable for Marana to supply additional
water resources for service in the vicinity of but outside the Dove Mountain
Service Area, Tucson and Marana will cooperatively develop mechanisms for
allocating the costs of necessary infrastructure to new development in the vicinity
of but outside the Dove Mountain Service Area. Tucson will determine, in
conformance with adopted Mayor and Council Water Policies, the areas to which
the City may extend New Water Service in the vicinity of but outside the Dove
Mountain Service Area.
5.4 Marana and Tucson will coordinate planning for the provision of additional water
infrastructure in the Ina/'Thomydale Area and will evaluate the feasibility of
Marana supplying additional water resources to the area. In the event it is feasible
and desirable for Marana to supply additional water resources for service in the
Ina/Thornydale Area, Tucson and Marana will cooperatively develop mechanisms
for allocating the costs of necessary infrastructure to new development in the
Area. Tucson will determine, in conformance with adopted Mayor and Council
Water Policies, the areas to which the City may extend New Water Service in the
Area.
Section VI. Stored Water Credits
6.1 Tucson will meter and will annually report to Marana any water received from
Marana facilities under Subsections 5.2 and 5.3 of this Agreement. Tucson also
will meter and will annually report to Marana all water deliveries to New Water
Service customers during the preceding calendar year. Such report will be I
delivered to Marana by March 31 of each Reporting Year and will include all
such water deliveries metered during the preceding calendar year.
A
6.2 In the event that the amount of water deliveries to New Water Service customers 4
during the preceding calendar year exceeds the amount of water Tucson received
in that year from Marana facilities under Subsections 5.2 and 5.3 of this
Agreement, Marana will cause to be transferred to Tucson prior to the end of the
calendar year following the Reporting Year an amount of Stored Water Credits
equal to the amount of the excess water. Tucson and Marana will consult
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Regular Council Meeting - March 1, 2011 - Page 63 of 87 5
concerning the permitted storage facility at which Marana will cause the Stored
Water Credits to be accrued.
6.3 In the event that the amount of water Tucson received from Marana facilities
under Subsections 5.2 and 5.3 of this Agreement during the preceding calendar
year exceeds the amount of water deliveries to New Water Service customers in
that year, Tucson will cause to be transferred to Marana prior to the end of the
calendar year following the Reporting Year an amount of Stored Water Credits
equal to the amount of the excess water. Tucson and Marana will consult
concerning the permitted storage facility at which Tucson will cause the Stored
Water Credits to be accrued.
6.4 At the written request of Marana, Tucson agrees to include in the water rates for
New Water Service, in each calendar year following a Reporting Year, a
surcharge in the amount specified by Marana on or before March 31 of the
Reporting Year, to recover the cost to Marana of providing Stored Water Credits
to New Water Services customers. On or before March 31 of each year, Tucson
will remit to Marana the amount of the surcharges collected by Tucson from New
Water Services customers during the preceding calendar year.
Section VII. Purchase of Water Service Area
7.1 Tucson and Marana agree to continue discussions toward the purchase by Marana
of Tucson Water facilities and service areas within the Town boundaries of
Marana, including the Ina/ Thomydale Area. In the event that Marana and Tucson
reach agreement on the purchase, Marana and Tucson will work together to
ensure an orderly transition.
Section VIIL Effluent Control
8.1 Tucson and Marana agree to continue negotiations toward an agreement that will
give Marana reasonable access to Effluent from the Waters of Marana in
accordance with the Supplemental IGA with Pima County.
Section DL Miscellaneous Provisions
9.1 Term The term of this Agreement shall be five years from the effective date of
this Agreement. Six months prior to the end of this term, Tucson and Marana will • 1
meet to discuss the necessity to extend, amend or terminate this Agreement.
9.2 Force Maieure In the event any party is rendered unable, wholly or in part, by
force majeure reasons to carry out its obligations under this Agreement, the
obligations of both Marana and Tucson so far as they are affected by such force
majeure shall be suspended during the continuance of any inability so caused, but
for no longer period; and such cause shall be so far as possible remedied with the ;
best efforts of the disabled party and with all reasonable dispatch. The term -,
"force majeure" as employed in this Agreement shall mean acts of God, strikes,
lockouts or other industrial or labor disturbances, acts of the public enemy, wars,
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Regular Council Meeting - March 1, 2011 - Page 64 of 87 6
blockades, insurrections, riots, epidemics, land slides, lightning, earthquakes,
fires, storms, floods, washouts, droughts, unavoidable interruptions in electric
power to drive pumps, interruptions by government not due to the fault of parties,
including injunctions, civil disturbances, explosions, well collapses, breakage or
accident to machinery or transmission facilities, or action or non - action by
governmental bodies in approving or failing to act upon applications for approvals
or permits which are not due to the negligence or willful action of the parties.
Nothing herein contained shall be construed as requiring either party to settle a
strike or labor dispute against its will. Nothing herein shall prohibit either party at
its own expense from using whatever self -help remedies which may be available
to it.
9.3 Alternative Dispute Resolution The following binding alternative dispute
resolution process shall be followed for any dispute arising under this Agreement:
9.3.1 Tucson and Marana shall meet and confer about the issue or
issues in an attempt to resolve the dispute. If there are issues that cannot be resolved by
Tucson and Marana, each shall appoint one arbitrator to a three -party panel of arbitrators
which will decide the dispute. The appointment of the two arbitrators will occur within
30 days of the meeting referred to above.
9.3.2 Arbitrators appointed to the arbitration panel shall be skilled
and experienced in the field or fields pertaining to the dispute. The two selected
arbitrators shall meet within 30 days of the later of the two arbitrator's appointment, and
at their first meeting they shall appoint a third neutral arbitrator to complete the
arbitration panel. The third arbitrator shall act as a chairperson of the arbitration panel
and shall direct the arbitration proceedings.
9.3.3 The arbitration process shall be limited to the issue or issues
submitted by Tucson or Marana. The arbitration panel shall not rewrite, amend, or
modify this Agreement or any other agreement or contract between the Parties.
9.3.4 There shall be no discovery beyond the information and
documents made available during the informal meet and confer process provided for in
this section.
9.3.5 No formal evidentiary hearing shall be provided unless one is
requested by either Tucson or Marana in writing, at the same meeting that the neutral
arbitrator is appointed. Assuming that no hearing has been requested, the arbitration
panel will meet as deemed necessary by the panel and shall, in a manner it deems
appropriate, receive evidence, receive argument or written briefs from Tucson and
Marana, and otherwise gather whatever information is deemed helpful by the panel. The
arbitration process to be followed shall be informal in nature, and Tucson and Marana
shall not be entitled to trial -type proceedings under, for example, formal rules of
evidence.
l�
Regular CONMeting - March 1, 2011 - Page 65 of 87
7
' r
9.3.6 In the event that either Tucson or Marana requests a hearing,
the arbitration panel shall meet to receive evidence, receive argument and written briefs
from Tucson and Marana as follows:
9.3.6.1 The arbitration panel shall, within 5 days of the
appointment of the neutral arbitrator, schedule a date for a hearing, which shall be held
within 20 days of the appointment of the neutral arbitrator.
9.3.6.2 Within 10 days of the appointment of the neutral
arbitrator, Tucson and Marana shall each submit a brief of no longer than 15 pages setting
forth its case. The brief shall include discussion of all issues relevant to the party's case.
Each party shall, as an attachment to its brief, include declarations of not more than two
experts and any relevant factual witness. Declarations of expert witnesses must include
all opinions to be elicited upon direct testimony and a complete explanation of the basis
of these options. Disputes with respect to the sufficiency of declarations or the
appropriateness of the testimony shall be resolved by the witnesses available for cross -
examination at the time of the arbitration hearing. Factual witnesses for whom a
declaration is prepared shall be made available for cross - examination at the time of the
arbitration hearing only if requested by the other party.
9.3.6.3 There shall be no testifying witness on direct
except for expert witnesses.
9.3.6.4 Each party shall have a maximum of four hours
to present its case in total. This time shall include opening and closing statements, direct
presentation and any cross - examination of the other party's witnesses. Each party shall
have the right to reserve part of its time to present up to one hour of rebuttal testimony.
9.3.6.5 Each party shall have the opportunity, within 5
days of the close of hearing, to submit a closing brief not to exceed 10 pages. The
closing brief shall be argument with no additional factual evidence to be submitted.
9.4 The matter shall be deemed submitted at the submission of closing briefs.
9.4.1 The panel of arbitrators shall render its final decision in the
dispute within 60 days after the date of naming the third arbitrator. If the arbitrators
disagree as to the determination, any two of the three arbitrators may join to form a
majority and the decision of those two arbitrators will be final for the panel. The panel =
will issue a written decision for Tucson and Marana. _
A
T
9.4.2 If either Tucson or Marana declines to accept the decision of 4
the arbitration panel, it may initiate an action in the appropriate court within 60 days of
the issuance of the panel's written decision to obtain a judicial determination of the
underlying dispute. If an action is not filed within 60 days of the panel's decision, the n
decision of the panel shall be deemed to be final and not subject to judicial review. The .
decision of the panel and record of the arbitration shall not be privileged and may be
submitted as part of the record by either side in support of its case.
{36!2791}
Regular Council Meeting - March 1, 2011 - Page 66 of 87 8
9.4.3 All costs incurred by the arbitration panel shall be shared
equally by Tucson and Marana, and the expenses of the arbitration panel shall be paid
expeditiously.
9.4.4 During the period of time in which a disagreement is being
addressed in the ADR process or appropriate judicial proceeding, Tucson and Marana
agree that no default or breach of any agreement being addressed in the process will have
occurred.
9.5 Attorney's Fees In the event of any litigation between the parties to enforce any
provision of this Agreement or any right of either
party to such litigation agrees to pay to the successful hereto, the unsuccessful
and expenses, including reasonable attorney's fees, incurred therein eby the
successful party, all of which shall be included in and as part of the judgment
rendered in such litigation.
9.6 Assignment of Agreement The parties shall have no right to assign this
Agreement or any interest herein except to their respective successors.
9.7 Notices All notices shall be in writing and together with other mailings
pertaining to this Agreement shall be made to:
FOR MARANA:
Town Water Director
Town of Marana
Marana Town Hall
13251 Lon Adams Road
Marana, AZ 85653
WITH COPY TO:
Marana Attorney
Town of Marana
Marana Town Hall
13251 Lon Adams Road
Marana, AZ 85653
FOR TUCSON:
Director
Tucson Water
P.O. Box 27210
Tucson, AZ 85726
WITH COPY TO: 0
0
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Regular Council Meeting - March 1, 2011 - Page 67 of 87
9
City Attorney
City of Tucson
P.O. Box 27210
Tucson, AZ 85726
or as otherwise specified from time to time by each party.
9.8 Waiver Waiver by either party of any breach of any term, covenant or condition
herein contained shall not be deemed a waiver of any other term, ' covenant or
condition, or any subsequent breach of the same or any other term, covenant, or
condition herein contained.
9.9 Amendment This Agreement shall not be amended except by written instrument
mutually agreed upon and executed by the Parties.
9.10 Entire Agreement This Agreement and its recitals constitute the entire agreement
between the Parties, and includes all prior oral and written agreements of the
Parties. All warranties and guarantees and representations shall survive during
the life of this Agreement.
9.11 Construction and Interpretation All provisions of this Agreement shall be
construed to be consistent with the intention of the Parties expressed in the
recitals hereof.
9.12 Authori : Marana represents and warrants that it has legal authority and capacity
to enter into this Agreement upon the terms and conditions provided within this
Agreement, and has properly and legally authorized and executed this Agreement.
Tucson represents and warrants that it has the legal authority and capacity to enter
into this Agreement upon the terms and conditions provided within this
Agreement, and has properly and legally authorized and executed this Agreement.
9.13 Legal Jurisdiction Nothing in this Agreement shall be considered as either
limiting or extending the legal jurisdiction of either Marana or Tucson.
9.14 Severability In the event that any provision of this Agreement or the application
thereof is held invalid, such invalidity shall have no effect on other provisions and
their application which can be given effect without the invalid provision, or
application, and to this extent the provisions of the Agreement are severable.
9.15 Assignment This Agreement shall be binding on the successors and assigns of
the parties hereto. 4
4
9.16 Effective Date This Agreement shall be effective upon filing of the original f
executed Agreement with the office of the Pima County Recorder.
IN WITNESS WHEREOF, the Parties hereto have hereunto set their hands the y
day and year first above written.
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Regular Council Meeting - March 1, 2011 - Page 68 of 87 10
TOWN OF MARANA
By:
MA
ATTEST' APPROVED AS TO FORM:
B B
To lerk Town tto
CITY OF TUCSON 0 �11t1 /���
O •
By: r' f+
SEAL
YOR � � .
ROBERT E. WALKUP I gA l2 19 - (t
ATTEST: APPRU�II��'O FORM:
By:
By:
City Clerk City rney
KATHLEEN S. DEMCK
{
e.
9
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Regular Council Meeting - March 1, 2011 - Page 69 of 87 11
ATTORNEY CERTIFICATION
TOWN OF MARANA
The foregoing Intergovernmental Agreement, being an agreement between the
Town of Marana and Tucson of Tucson, has been reviewed this .9 day of
�F�f -►►e4 , 2000, pursuant to A.R.S. § 11 -952 by the undersigned Town
Attorney of the Town of Marana, who has determined that it is in proper form and
is within the powers and authority granted under the laws of the State of Arizona
to those parties to the agreement represented by the Town of Marana.
By:
Marana Town Attorney
ATTORNEY CERTIFICATION
CITY OF TUCSON
The foregoing Intergovernmental Agreement, being an agreement between the
Town of Marana and Tucson of Tucson, has been reviewed this 1.5 ' day of
A/ 4 O h , 2000, pursuant to A.R.S. § 11 -952 by the undersigned Attorney
for the City of Tucson, who has determined that it is in proper form and is within
the powers and authority granted under the Laws of the State of Arizona to those
parties to the agreement represented by the City of Tucson.
By: Kv� &LA==
Assistant pity Attorney
f
i
4
A
- Q
'
- ,� /• - . -
(361279.2)
Regular Council Meeting - March 1, 2011 - Page 70 of 87 12
F. ANN RODRIGUEZ, RECORDER DOCKET: 13814
RECORDED BY: K-0 PAGE: 4119
s DEPUTY RECORDER °FI NO. OF PAGES: 2
1861 PE -2 y�0� SEQUENCE: 20100980943
TCCWB W x 05/21/2010
CITY OF TUCSON –CITY CLERK ��. �F AAG 18:00
255 W ALAMEDA qR AV It,
TUCSON AZ 85701 PICKUP
AMOUNT PAID $ 7.00
I
AMENDMENT TO AND EXTENSION OF
INTERGOVERNMENTAL AGREEMENT BETWEEN
THE CITY OF TUCSON AND THE TOWN OF MARANA
REGARDING TUCSON WATER SERVICE AREA WITHIN
THE TOWN LIMITS OF THE TOWN OF MARANA
This amendment (this "Amendment") is entered into by and between the CrrY OF
TUCSON, an Arizona municipal corporation ( "Tucson ") and the T OWN OF MARANA, an Arizona
municipal corporation ("Marana"). Tucson and Marana are collectively referred to as the
"Parties," either one of which is sometimes individually referred to as a "Party."
RECITALS
A. The Parties entered into an intergovernmental agreement regarding Tucson water
service within the Marana town boundaries recorded in the Pima County Recorder's office on
December 13, 2000 at Docket 11444, Page 1792 (the "Original IGA ").
B. Among other things, the Original IGA set forth the terms for Tucson to provide New
Water Service within the Marana town limits but outside the Dove Mountain Service Area and
the Continental Ranch Service Area.
C. The Original IGA had a five -year term which ended on December 13, 2005.
D. The Parties now desire to extend the Original IGA for seven years, retroactive to the
termination date of the Original IGA, in order to give the Parties sufficient time to negotiate one
or more new long -term intergovernmental agreements addressing, among other things, (1) the
terms of continued water service by Tucson to Tucson customers within the Marana town limits
but outside the Dove Mountain Service Area and the Continental Ranch Service Area, (2) the
"wheeling" of water from Tucson infrastructure to Marana customers in areas proximate to but
outside Tucson's established water service area and within the Marana town limits, (3) effluent
ownership based on potable source-water deliveries to customers within the Town of Marana,
(4) a utility franchise for Tucson's continued use of public rights -of -way within Marana,
addressing coordination and financial obligations to relocate Tucson water facilities to
accommodate the construction of public improvements, and (5) the terms for transferring from
Tucson to Marana ownership of the water infrastructure serving the Sunset Ranch Estates area.
E. This Amendment is an intergovernmental agreement under A.R.S. § 11 -952.
AGREEMENT
Now, THEREFORE, in consideration of the promises and the mutual obligations
in this Amendment, the Parties hereby agree as follows: _ \.,:
1. Retroactive Extension of the Original IGA. The Original IGA is hereby retr-oao 4�61y
extended for a period of seven years from the December 13, 2005 termination; die erf,`.the =;;'.
Original IGA to December 13, 2012. ;
yam
Ekh lblt A tQ RgsoluhY n N o. , Tl �
Regu( �0F11IDNk@q� -March 1, 2011 -Page 71 of 87 _ 1 _ City of Tucson Contras -t Noilii _ 01
427/2010 4:5$ jeM 0''
Z
2. Effect on Valuation of Water System. Should there be an appraisal of any portion of
Tucson's water system within Marana, the parties agree that the appraisal shall exclude the value
of any New Water Service connections accomplished by the installation of a water meter only on
or after the effective date of this Amendment. New Water Service connections that will have also
required line extensions shall be included in the appraisal.
I Negotiation of Long- -Term Agreements. The Parties shall negotiate in good faith to
reach one or more long -term agreements addressing water resource, service, delivery, and
ownership issues, including, but not limited to, those issues addressed in recital D above.
4. Effect of this Amendment. Terms in this Amendment shall be defined as set forth in the
Original IGA, and except as specifically modified by this Amendment, the terms of the Original
IGA shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties have executed this Amendment as of the last signature
date below, which shall be the effective date of this Amendment.
TOWN OF MARANA, CITY OF TUCSON,
an Arizona municipal . rporation an Arizona m a1 corpora on
By: By:
Ed H ne , Nlayor Robert Walkup, May
ayor.
Date: �t
Date: May 18 201 .tI €
4
ATTEST: ATTEST:
t .$
Own Cl
City Clerk
Date: May 18`�"Q�f0 ,; r` •'
•.
ATTORNEY CERTMCATION
The undersigned attorneys for the City of Tucson and the Town of Marahi_i; c1�ettermined,
each as to their respective client only, that this intergovernmental agreemdhr s*''m proper form
and is within the powers and authority granted under Arizona law to the City of Tucson and the
Town of Marana.
— "��City Attorne -'T Atto
t/ ,_
Regulodomoomwipsy March 1, 2011 - Page 72 6f 87 -2-
4/27/2010 4:53 PM
rr M! �. n N
A
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, March 1, 2011, 7:00:00 PM
To: Mayor and Council Item D 1
From: Gilbert Davidson , Town Manager
Strategic Plan Focus Area:
Not Applicable
Subject: L egislative /Intergover R eport: 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:
El 2011_ Legislative Bulletin_ #_6,pdf Legislative Bulletin #6 Backup Material
11201 1 Legislative Bulletin_# 7.pdf Legislative Bulletin #7 Backup Material
Staff Recommendation:
Upon the request of Council, staff will be pleased to provide recommendations on specific
legislative /intergovernmental issues.
Suggested Motion:
Mayor and Council's pleasure.
Regular Council Meeting - March 1, 2011 - Page 73 of 87
League of Arizona Cities and Towns - Legislative Bulletin Pagel of 8
League f Arizona
CitA.,Z) AND OW
Legislative Bulletin —
ISSUE 6 - FEBRUARY 11, 2011
Legislative Overview
Consideration of House and Senate bills continued at a torrid pace during the week of February 7. Monday, February
7 was the last day that bills could be introduced in the House (the corresponding deadline in the Senate was January
31). Legislators have introduced a combined total of 1,334 bills in the two chambers. Of these, the League has
identified approximately 200 that have potentially significant impacts on cities and towns. In addition, legislators do
have at their disposal a number of parliamentary maneuvers (such as strike - everything amendments) to move their
ideas even after formal bill deadlines. The deadline for committee hearings on bills in their house of origin is Friday,
February 18, 2011, unless extended by the Speaker of the House or President of the Senate.
No Action on Revenue Sharing Freeze
SB 1221 (urban revenue sharing; distribution freeze) was not heard in the Senate Committee on Finance as
scheduled on Thursday, February 10. The committee had a lengthy agenda and acted on a limited number of bills.
Chairman Steve Yarbrough (R- Chandler) told committee members that next Thursday's meeting would contain bills
that did not get a hearing this week and that members should expect a long session stretching into the evening
hours. This bill would freeze urban revenue sharing at its current rate for the next 20 years, a devastating blow to
cities and towns in Arizona.
Impact Fees
A sweeping new bill that rewrites many provisions of the statutes relating to development impact fees passed out of
the Senate Government Reform Committee on Wednesday, February 9. In testimony, the homebuilders claimed that
they support the concept of impact fees, but that Arizona's statutes were hampering the industry. They said that
this new bill, SB 1525 (city; town; development fees), is modeled on statutes in Texas, Nevada and New Mexico,
which the industry prefers. They also mentioned court decisions that have gone against the industry as reasons for
needing to change the law. The League pointed out that, in every year since at least 2005, the homebuilders have
introduced bills that change and limit impact fees. Despite many hours of negotiations that have produced
consensus changes in the past, the industry always comes back for more. The key features of the bill were
summarized in last week's edition of the Legislative Bulletin.
Residential Rental Taxes
On Tuesday, February 8, the Arizona Senate voted on SB 1160, a bill requiring that the imposition of any tax
increase on residential landlords be approved by a vote of the people. Despite the opposition of the League (which
argued that the bill reduces local control, creates special tax treatment for one industry, and diminishes the ability
of mayors and councils to approach budgeting in a comprehensive way), the bill passed by a vote of 25 -4. The
legislation now proceeds to the House of Representatives for consideration.
Regular Council Meeting - March 1, 2011 - Page 74 of 87
League of Arizona Cities and Towns - Legislative Bulletin Page 2 of 8
Commercial Lease Tax Exemption
Despite the League's vocal opposition, legislation to exempt taxes on certain commercial lease transactions between
related corporations (SB 1166: municipal tax exemption; commercial lease) passed the Senate on Tuesday, February
8 by a vote of 21 -8. Identical legislation (HB 2230) was considered in the House Committee of the Whole on
Thursday, February 9. During debate on the bill, Representative Steve Farley (D- Tucson) offered an amendment
presented by the League to limit the bill's application to small business and prevent its abuse by large corporations
as a tax avoidance device. The amendment failed by voice vote, and the bill passed by a majority vote. HB 2230
now proceeds to the Third Read calendar of the House.
Managed Competition
A bill to require competitive bidding for most city services for cities with populations exceeding 200,000 was
approved by the Senate Committee on Government Reform on Wednesday, February 9 by a vote of 5 -2. Sponsored
by the committee chairman, Sen. Frank Antenori (R- Tucson), SB 1322 (cities; services; managed competition) would
require that any city service costing more than $50,000 be put out for competitive bids. There are a few exceptions
for jobs such as police officers and firefighters. The League testified that cities already have the authority to bid
out services -and in fact do so for many things -and that state legislation is unnecessary. The bill is supported by
Phoenix City Councilman Sal DiCiccio and The Goldwater Institute. They claim it would bring private- sector
innovation to local government and save taxpayers millions of dollars. Under the provisions of the bill, city
departments could submit bids and the city would not be required to accept the lowest bid for services. The city
would, however, be required to post bid documents and to explain to the public why the selection was made.
Proponents pointed to Indianapolis, Indiana and Chicago, Illinois as cities in which managed competition has brought
efficiencies to city government.
City Personnel and Compensation Limits
On Wednesday, February 9, the Senate Committee on Government Reform passed a pair of bills to impose limits on
the number and compensation of municipal personnel in Arizona's two largest cities. SB 1345 (cities; number of
employees; compensation) provides that, with specified exceptions, the number of city employees may not exceed
the number of filled positions existing at the beginning of fiscal year 2012 for that city. It further provides that,
beginning in 2014, the number of employees shall not exceed 0.4 percent of the population of the city and that the
average compensation of municipal employees shall not exceed the average salary of private sector employees in
that community. SB 1347 (cities; compensation baseline) rolls back municipal pay grades to the fiscal year 2007
level. By limiting the bills' application to cities with a population of at least 500,000, they apply only to Tucson and
Phoenix.
The League testified against both bills, arguing that the substitution of the Legislature's judgment for that of mayors
and councils is inappropriate. Nevertheless, the bills passed out of committee on a 5 -1 vote.
Third Party Collection of Municipal Taxes
On Thursday, February 10, the Senate Committee on Finance considered SB 1165 (municipal taxes; auditors and
collectors), a bill that was defeated three separate times in the Legislature last year. The measure prohibits cities
and towns from using a third party contractor for contingency fee -based auditing and sales tax administration. A
current League resolution supports the authority of cities and towns to conduct sales tax administration operations
through a third -party contract. Accordingly, the League opposes the bill and has been working with stakeholders to
achieve an acceptable outcome.
An amendment to the bill offered by Senator Ron Gould (R -Lake Havasu City) would preserve the third party
contract option but prohibit predatory auditing practices. The amendment was defeated by voice vote and the bill
passed the committee by a vote of 5 -2.
Regular Council Meeting - March 1, 2011 - Page 75 of 87
League of Arizona Cities and Towns - Legislative Bulletin Page 3 of 8
Emergency Response Services Fees
HB 2003 (emergency response services fees; prohibition) prohibits emergency response agencies from charging fees
for their services except under limited and extraordinary circumstances. The automobile insurance industry is
promoting the legislation, as cities in other states have enacted such fees as a way of offsetting costs.
The bill was heard before the House Committee on Transportation on Thursday, February 10. The League testified
against this limitation on municipal authority and noted that no city in the state currently charges such emergency
response fees. An amendment offered by Representative Nancy McLain (R- Bullhead City) permits rural communities
to to recoup some of their costs for emergency response outside their jurisdictional boundaries. The amendment was
adopted and the bill passed by a vote of 9 -0.
Pension Reform Update
On Monday, February 4, House Speaker Kirk Adams (R -Mesa) introduced HB 2726 (public retirement system; plan
design), which makes changes to the State's pension systems. The bill effects sweeping changes to the Public Safety
Personnel Retirement System ( PSPRS), the Correctional Officer Retirement Plan (CORP), and the Elected Official
Retirement Plan (EORP). The proposal would eliminate all current and future pension increases (known as a
Permanent Benefit Increases in the Arizona State Retirement System and Cost of Living Adjustments in the PSPRS
plans). The measure would also phase in increases to the employee contribution rate in the PSPRS plans until each
plan was funded with matching employer- employee contributions. These two major changes are accompanied by a
raft of other revisions. HB 2726 has been placed on Tuesday's agenda of the House Employment and Regulatory
Affairs Committee.
As was previously reported in the Legislative Bulletin, the League has been participating in stakeholder meetings in
the Senate to participate in the development of a pension reform package. We have been informed that the product
of those discussions will be introduced as a strike- everything amendment to SB 1316, which will be considered in
Sen. Yarbrough's Finance Committee on Thursday. We have not seen what the amendment will contain, but its scope
will be limited to the systems managed by PSPRS. The League appreciates the time and contributions invested by the
employer and employee groups involved, as well as Sen. Yarbrough's willingness to tackle such a difficult task.
Apartment Trash Collection
Representative Amanda Reeve (R- Phoenix), chair of the House Committee on Environment, decided not to hear HB
2104 (trash collection; multifamily housing) during this session of the 50th Legislature. Companion legislation in the
Senate (SB 1204), however, is scheduled for a hearing on Monday afternoon in the Senate Committee on Natural
Resources and Transportation. We are working with the Arizona Multifamily Housing Association on amendment
language and hope to reach a consensus prior to the hearing.
Jobs Package / Economic Development
During the past two weeks, both the House and Senate have considered a number of bills aimed at stimulating
business growth in Arizona. The League is supportive of proposals that make Arizona a more inviting environment for
business investment. Any attempts to stimulate Arizona's economy, however, must be considered within the larger
context of the state's current budget crisis. The immediate and cumulative effect of these bills on local revenues
would be significant and place additional strain on already substantially reduced budgets. In a previous edition of the
Legislative Bulletin, the provisions of SB 1161, SB 1162, SB 1163, and SB 1164 were outlined in detail. A synopsis of
measures considered this week follows:
1. HB 2503 (reduce corporate income tax rate): Introduced by Rep. Seel (R- Phoenix), this bill, as amended,
would lower the corporate income tax rate from 6.9681 to 4.91 over five tax years (TY), beginning in
TY2013.
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2. HB 2504 (capital gains tax phase -out): As amended, HB 2504 subtracts the net capital gains from individuals'
Arizona gross income over the next three tax years.
3. HB 2339 (commercial, agricultural property assessment reduction): The bill, sponsored by Rep. Justin Olson
(R- Mesa), lowers the assessment ratio for commercial property from 20% to 151 over TY2012 through
TY2016, and lowers the assessment ratio for agricultural property from 16% to 141 from TY2012 through
TY2015.
Firearms
On Monday, February 7, SB 1201 (firearms omnibus) was heard in the Senate Committee on Judiciary and passed by a
vote of 6 -2. Several sections were removed by an adopted amendment, but bill still restricts a municipality's
authority to address firearms issues within its jurisdictional boundaries. The committee removed language providing
for the award of a municipal official's vehicle for violation of an individual's gun rights. The bill, however, still
includes problematic provisions regarding multiple gun check points and secured storage requirements. It now awaits
action by the Rules committee.
Money from Moving Violations
SB 1353 (moving violations) adds an additional charge to certain driving offenses in order to aid local governments
and recoup losses from termination of the state photo enforcement system. Under the legislation, $10 will be
assessed for specified offenses. Half of the revenue generated by these fees would be deposited into an equipment
replacement fund within the jurisdiction in which the violation occurred and the other half would be deposited with
the State. The bill passed unanimously in the Senate Committee on Government Reform Committee on Wednesday,
February 9.
Subdivision Lot Splits
On February 10, the House Committee of the Whole passed by voice HB 2005 (subdivisions; acting in concert). As
passed, the bill includes language that permits, but does not require, municipalities to waive preliminary plat
requirements or expedite processing for subdivisions of 10 or fewer lots. Likewise, it permits (but does not require)
municipalities to reduce infrastructure standards or requirements proportional to the impact of smaller subdivisions.
The bill will next proceed to Third Read in the House.
Spice
HB 2167 (definition of dangerous drugs; synthetic), legislation to outlaw a synthetic type of marijuana, passed the
House by a unanimous vote last week. Its Senate counterpart, SB 1202, likewise passed the Senate Committee of the
Whole earlier in the week. Because the legislation as passed is identical in both chambers, it will proceed directly to
the Governor for approval or veto. This will likely occur within days.
Maintenance of the Model City Tax Code
The League has maintained the official copy of the Model City Tax Code (MCTC) ever since the latter's inception in
1988. The official copy of the MCTC is maintained on the League's website. HB 2336 (city tax code; official copy)
transfers authority for maintenance of the MCTC to the Department of Revenue. The sponsor of this bill argues that,
because the League is a private entity, it cannot be held responsible for the content and accuracy of the MCTC. The
League believes that this is both unnecessary (especially because the proponents cite no specific evidence of errors
or omissions in the MCTC) and duplicative. The League is officially neutral on this bill, largely because it plans to
continue to maintain the MCTC website for the convenience of its members. The legislation passed out of the House
Ways and Means Committee unanimously.
Local Transparency
On Thursday, February 10, the House passed HB 2422 (local government budgeting; posting; publication) out of
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Committee of the Whole. The bill would require local governments to post tentative and adopted budgets on their
websites within given timeframes and retain that information for five years. The sponsor of the bill, Rep. Kimberly
Yee (R- Phoenix), sponsored a floor amendment to address technical concerns that the League had raised regarding
implementation of the legislation. The amendment was adopted and the bill will now move to Third Read. The
League is very appreciative of the sponsor's willingness to work with us on this issue.
Hunting within City Limits
As introduced, SB 1334 (hunting within city limits) permits hunting within city limits under certain circumstances. An
amendment adopted by the Senate Committee on Natural Resources and Transportation, however, struck the
provision prohibiting municipalities from enacting rules or ordinances to prohibit such hunting. The bill as amended
does require any such hunting, if approved by a city or town, to abide by state Game and Fish Commission rules. The
bill passed committee by a vote of 4 -2.
Consumer Fireworks
SB 1388 (consumer fireworks; regulation), introduced by Senator Steve Pierce (R- Prescott), vice -chair of the Senate
Committee on Natural Resources and Transportation, modifies a governing body's authority to regulate the use and
sale of permissible consumer fireworks by municipalities and counties. The bill adds certain authority for an
incorporated municipality to regulate the sale of permissible consumer fireworks within its corporate limits.
Currently, incorporated municipalities may only regulate the use of permissible consumer fireworks. The bill passed
in committee by a vote of 6 -0 on Monday, February 7.
Replacing Private Land
Two land disposition bills affecting municipalities were heard by legislative committees this week. HB 2485
(government land; replacing private land) sponsored by Representative David Gowan (R- Sierra Vista) was before the
House Energy and Natural Resources Committee, and SB 1319 (government land; restoring private land) sponsored
by Senator Gail Griffin (R- Hereford) was considered by her Committee on Water, Land Use and Rural Development.
These two bills require the State Land Commissioner to dispose of public land any time the subject landholder
purchases additional private land. The companion bill in the House (HB 2485) provides that government entities may
opt to make in -lieu payments to the affected taxing jurisdictions rather than requiring disposal of the land.
HB 2485 was discussed and held on February 7. SB 1319 was likewise held on February 9. Amendments have been
prepared that would exempt special taxing districts from the bill. The League is opposed to the measures and the
proposed amendments on the basis that the legislation would severely inhibit the ability of municipal government to
provide adequate infrastructure without effectively addressing the issue at hand (the large amount of publicly held
land). HB 2485 is on the February 14 agenda of the House Committee on Energy and Natural Resources.
Ambiguity
On Wednesday, February 9, the House Committee on Government passed HB 2501 (rules; laws; ordinances;
interpretation). This bill provides that that if any rule, law or ordinance adopted by a state agency, local
government or political subdivision is ambiguous and challenged, it must be interpreted in favor of the challenger.
An adopted amendment applies the bill only to rules, laws and ordinances that relate to permit approval or
disapproval, license approval or disapproval and zoning approval or disapproval. The League opposes this measure to
the extent it is nebulous and grants too great an advantage for challengers.
At -Will Law Enforcement Officers
On Wednesday, February 9, the Senate Committee on Public Safety and Human Services heard SB 1233 (peace
officers; at will employment). The bill clarifies that legislation enacted last year prohibiting the discipline of law
enforcement officers without just cause does not apply to at -will employees, such as police chiefs. The League
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registered its support of the bill, which passed in committee by a vote of 4 -0.
Law Enforcement and Discipline
On Wednesday, February 9, the Senate Committee on Public Safety and Human Services passed SB 1235 (law
enforcement officers; disciplinary procedures). As amended, the bill makes a variety of changes designed to assist
officers who are subject to discipline for alleged violations of agency policy or law. The bill provides such officers an
opportunity to learn how discipline was applied to similarly situated officers (while protecting the identity of those
other officers). It also provides for the assignment of alternate hearing officers through interagency agreements if
jurisdictions are too small to conduct fair hearings.
City Council Vacancies
HB 1318, (city council; vacancy; appointment; election) requires non - charter cities and towns to fill council
vacancies through elections instead of appointment if there are more than 30 days remaining before candidate
nomination petitions are due for the next election. The League is currently opposed to this bill (which applies to
cities with four -year terms for their elected officials) because of potential costs and challenges associated with
candidate recruitment in smaller communities. The bill passed unanimously out of the Senate Committee on
Government Reform. Senator Gail Griffin (R- Hereford), a prime sponsor the bill, has pledged to work with the
League to address continuing concerns.
Administrative Rulemaking
SB 1339 (administrative rules; repeal; legislative action) passed out of the Senate Government Reform Committee
on Wednesday. The measure, introduced by Sen. Frank Antenori (R- Tucson), prohibits state agencies from enacting
rules that impact the private sector, requiring instead that such provisions be enacted through statute. Effective
January 1, 2013, the bill would repeal any agency rule that has an impact on the private sector. The League is
concerned that enactment of the bill could result in indirect negative impacts on cities and towns. The League will
continue to monitor the legislation as it moves through the process.
Liquor Omnibus
A striker amendment (liquor omnibus) to SB 1460 (liquor licensees; records) was heard on Wednesday, February 9 by
the Senate Committee on Economic Development and Jobs Creation. Four provisions of the legislation directly affect
cities and towns:
• The Liquor Department is no longer required to notify municipalities of a change in control of a license;
• Cities and towns cannot charge a fee for a sampling privilege license;
• Municipalities cannot enact ordinances that are in conflict with statute or rule on licensing; and
• Cities and towns cannot raise fees on liquor establishments that are above fees raised on any other business.
The League is in discussions with liquor industry representatives to address these issues of concern. The bill passed
in committee by a vote of 4 -2.
Fire Sprinklers
HB 2153 (municipalities; counties; fire sprinklers; code) prohibits a city, town or county from adopting an ordinance
that mandates the installation of fire sprinklers in single family homes. Fire sprinkler ordinances adopted prior to
December 31, 2009 are grandfathered. Despite spirited opposition, the bill passed the Committee of the Whole in
the House earlier this week. The League and several firefighter groups registered their opposition to the bill, based
on local control and safety arguments. The bill now proceeds to the Third Read calendar of the House.
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Class Nine Property Tax
For the second week in a row, the Senate Finance committee held SB 1281 (property tax; class nine). The bill,
sponsored by Senator Steve Yarbrough (R- Chandler), was discussed at length, but ultimately held for consideration
next week. The bill changes the definition of property that would fall into the class nine category and is intended to
ensure that, in light of a recent Court of Appeals decision, certain properties remain in class one (commercial
property) rather than be reclassified as class nine (certain improvements on public property). The assessment ratio
on those properties would decrease from 20% to 1 %. Although the legislation would conceivably prevent a reduction
in property tax revenue, it could also eliminate a potential economic incentive for attracting businesses. The League
has not expressed a formal position on the bill, but will continue to monitor its progress through the legislative
process.
Legislator Profile - Senator Frank Antenori
If one had to come up with a one -word description for the fast - talking senator
representing Arizona's 30th legislative district, that word might well be "fearless."
Where others might take a more cautious approach in their first full Senate term,
Senator Antenori exhibits no timidity, and isn't afraid to speak candidly with party
leadership and his southern Arizona constituents.
Senator Frank Antenori operates in one gear: driven. He is a man who came to the
Legislature to get things done and isn't content to sit in idle or wait his turn. "I didn't
come here to just push a button," he explains. As chair of the Senate Committee on
Government Reform, he has shepherded a raft of bills through his committee during
the first session of the 50th Legislature. Prolific and energetic, he is the prime
sponsor of 80 bills and resolutions and a cosponsor of scores more.
Senator Antenori, a proud Italian who converses eloquently with his hands, needed all the courage he could marshal
on April 6, 2003, when he served as a Special Forces sergeant in Iraq. Leading an elite unit of 24 troops, Sgt.
Antenori happened upon a massive convoy of Iraqi troops and armor traversing Iraq's Highway 2, a vital artery for
the movement of military personnel, armaments and materiel. Seriously outmanned and outgunned, the Americans
took the fight to the enemy, and in the course of a fierce 3'h -hour fire fight, obliterated a passel of tanks, armored
personnel carriers and Iraqi troops. On the American side, two troops were wounded and none were killed. Listening
to Senator Antenori recall the events of that day is like hearing the audio version of a gripping war movie.
Senator Antenori has, in fact, authored a book about the engagement at Debecka Pass in northern Iraq. Entitled
Roughneck Nine -One (the call sign of his operational team), the book evolved from the detailed after - action report
that Senator Antenori authored for top brass at the Pentagon.
Sergeant Antenori's reinvention as Senator Antenori began when he broke part of his foot following a routine
parachute jump. Knowing that he wanted to leave the military on a high note and not devolve into "a fat desk
sergeant," the future Arizonan packed his gear and retired. He was fully prepared to take a job as director of
emergency services training in Luzerne County in his native Pennsylvania. All that changed, however, when he
opened a letter from Raytheon offering a job in Tucson. He and his wife started packing before he could finish
reading the letter.
Persuaded to engage in another form of public service, Senator Antenori ran for the U.S. House of Representatives
from Arizona's eighth congressional district in 2006. Although he lost in the primary, he bounced back to win a seat
in the Arizona House of Representatives in 2008. In March of 2010, he was appointed by the Pima County Board of
Supervisors (on a 4 -1 vote) to fill the vacancy created by Senator Jonathan Paton's resignation from the Senate to
run for Congress.
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Senator Antenori has an especial affection for the smaller communities in his legislative district, and believes that
they should be largely left to manage their own affairs - so long as they refrain from building up bureaucracies and
infringing upon individual liberty. And if they don't, Sergeant Antenori won't be afraid to tell them what he thinks.
Legislative Bulletin is published by the League of Arizona Cities and Towns.
Forward your comments or suggestions to league@azleague.org.
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L Al l ik A r%
eague, of Arizona
..ANN&
A N D ow >
Legislative Bulletin —
ISSUE 7 - FEBRUARY 18, 2011
Overview
Today is the 40th day of the first regular session of the 50th Legislature. Committees worked long hours and late
nights to complete consideration of bills during the week of February 14 - the final week of the session for hearings
on bills in their house of origin.
Budget matters dominated Capitol headlines, with the startling news from Washington, D.C. that the State does not
require a federal waiver to drop some quarter- million enrollees from the Arizona Health Care Cost Containment
System. The proposal to so limit eligibility is a key ingredient of Governor Brewers budget plan for the coming year.
The Governor called a special session of the Legislature to convene on February 14 (Statehood Day) to consider her
proposed jobs and economic development legislation (see following story). The three -day session concluded with
passage of the bill largely along party lines.
Jobs Bills
On Wednesday, February 16, the House and Senate met in the second special session of the 50th Legislature for fast -
track consideration of Governor Brewer's legislative proposal to attract businesses to, and generate economic
activity in, the State of Arizona. Among other things, the bill, which was supported by the League, does the
following:
• gradually reduces the corporate income tax rate by nearly two percentage points (to 4.9 %) beginning in
2014;
• decreases agricultural property taxes beginning in 2017;
• exempts manufacturers from sales taxes on goods sold in other states beginning in 2014;
• increases tax exemptions for business equipment beginning in 2012;
• increases homeowner rebates to offset an anticipated rise in residential property taxes beginning in 2014;
and
• replaces the Department of Commerce with the Arizona Commerce Authority, a public - private partnership.
The bill (HB 2001: commerce authority; business incentives) passed the House by a vote of 39 -21 and the Senate by
a vote of 18 -11. The Governor signed the legislation on Thursday, February 17.
Another bill designed to improve Arizona's economy and competitiveness is SB 1041 (Invest Arizona), advocated
principally by public and private members of the Greater Phoenix Economic Council (GPEC). The bill ends the
current enterprise zone program and establishes tax credits for new employment in the state for out -of- state
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employers who locate in Arizona or for businesses that expand their current in -state operations with at least 25
additional full -time employment positions. The League and several individual cities supported the legislation, which
unanimously passed the Senate Committee on Commerce and Energy on February 16.
Revenue Sharing and Model City Tax Code
There is good news to report regarding two of the most problematic bills affecting cities and towns introduced
during this session. SB 1220 (uniform local sales tax base) and SB 1221 (urban revenue sharing; distribution freeze)
were held in the Senate Finance Committee and did not move forward. Senator Steve Pierce (R- Prescott), the
sponsor of both bills, agreed to withdraw them. We are very grateful to Sen. Pierce for being willing to listen to our
serious concerns about the legislation. Last Friday, February 11, four members of the League Executive Committee
met with Kevin McCarthy, President of the Arizona Tax Research Association (ATRA), to discuss the impacts of SB
1220 on cities and towns, and how improvements could be made to the Model City Tax Code to advance the value of
uniformity. ATRA agreed to engage in further discussions, and that effort will be spearheaded on behalf of the
League by Vice - President Doug Von Gausig, Mayor of Clarkdale. We appreciate the support of the several Senators
who expressed opposition to SB 1220, as well as the efforts of the many cities, towns, business and tourism groups
that helped communicate the devastating impact on the economies of cities and the State that would have resulted
from passage of the bill.
Impact Fees
The massive rewrite of development impact fees proposed by SB 1525 (city; town; development fees) has advanced
through the Senate Rules Committee and will be ready for floor action, possibly as early as next week. In contrast to
previous years, there have been no discussions between homebuilders and cities about this major legislation, but
the Office of the Governor and certain legislative leaders have expressed an interest in creating a workgroup to
tackle the bill. The League has expressed a willingness to participate in negotiations on this legislation, which
fundamentally changes the process of implementing development impact fees and moves the state away from the
principle of new growth paying for its own impacts.
Fire Sprinklers
The Senate Committee on Government Reform passed SB 1374 (s /e: municipalities; counties; fire sprinklers; code)
late Wednesday, after a contentious hearing on the bill. The League, fire chiefs and a number of cities expressed
opposition to the measure, which prohibits municipalities from mandating the installation of fire sprinklers in new
single family homes. Cities with fire sprinkler ordinances adopted by December 31, 2009 are exempt from the bill's
proscription. Companion legislation (HB 2153) passed the House on February 10.
Third Party Collection of Sales Taxes
HB 2618 (municipal taxes and auditors) was heard by the House Committee on Ways and Means on Thursday,
February 17. The legislation, introduced by Representative Nancy McLain (R- Bullhead City), prohibits contingency
fee auditing by municipalities. The League supports the bill as an acceptable alternative to SB 1165 (municipalities;
auditors and collectors), which prohibits municipalities from contracting with third parties for the collection,
processing or administration of transaction privilege taxes. HB 2618 passed the committee by a 6 -1 vote.
Pension Reform
On Thursday, the House Committee on Employment and Regulatory Affairs held a special meeting to hear HB 2726
(public retirement systems; plan design). Sponsored by Speaker of the House Kirk Adams (R- Mesa), the measure
makes changes to the Arizona State Retirement System (ASRS), as well as sweeping changes to the three plans
managed by the Public Safety Personnel Retirement System ( PSPRS). Among other things, the bill: terminates the
Deferred Retirement Option Program (DROP) on January 1, 2012; transforms the Correctional Officer Retirement
Plan (CORP), the Elected Official Retirement Plan (EORP), and PSPRS into matching contribution plans in five years;
and eliminates the permanent benefit increase (PBI) in ASRS and the Cost of Living Adjustment (COLA) in the PSPRS
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plans.
The League testified that: we support the proposed changes to EORP; the changes to ASRS are largely consistent
with the League's desire for reform to make the plans more sustainable; and we support the Speaker's amendment
to restore the ASRS PBI and a restrictive COLA as steps in the right direction. The League commends the Speaker for
tackling such a complex issue and acknowledges his courage to make difficult - but perhaps necessary - changes to
ensure that ASRS, CORP, EORP, and PSPRS remain remain viable for decades to come.
Additionally, a Senate Finance Committee hearing on Senator Steve Yarbrough's (R- Chandler) comprehensive pension
reform bill was postponed to next Wednesday, February 23. The official language of SB 1609 (retirement systems;
plans; plan design) is not yet available.
Commercial Lease Tax Exemption
Legislation to exempt taxes on certain commercial lease transactions between related corporations (HB 2230:
municipal tax exemption; commercial lease) passed the House on Monday, February 14 by a vote of 40 -20. Identical
legislation (SB 1166) previously passed the Senate. Because the House failed to substitute the Senate bill on Third
Read, more votes will be required to send the legislation to the Governor for signature.
Municipal Personnel and Salary Limits
A pair of bills to impose limits on the number and compensation of municipal personnel in Arizona's two largest
cities was passed by the Senate Rules Committee on February 14. SB 1345 (cities; number of employees;
compensation) provides that, with specified exceptions, the number of city employees may not exceed the number
of filled positions existing at the beginning of fiscal year 2012 for that city. It further provides that, beginning in
2014, the number of employees shall not exceed 0.4 percent of the population of the city and that the average
compensation of municipal employees shall not exceed the average salary of private sector employees in that
community. SB 1347 (cities; compensation baseline) rolls back municipal pay grades to the fiscal year 2007 level. By
limiting the bills' application to cities with a population of at least 500,000, they apply only to Tucson and Phoenix.
The League previously testified against both bills, arguing that the substitution of the Legislature's judgment for
that of mayors and councils is inappropriate.
Apartment Trash Collection
Although the League and municipalities were successful in stopping legislative progress of the House version of the
apartment trash collection bill, the Senate version, SB 1204 (trash collection; multifamily housing), did pass the
Senate Committee on Natural Resources and Transportation earlier this week. This bill mandates that private waste
haulers be given the opportunity to contract for removal of trash from apartment complexes - a right that has
already been legislatively conferred with respect to commercial complexes.
During the course of the hearing, stakeholder parties agreed to meet in an effort to work out their differences.
Certain senators voted to move the bill through committee, based on their understanding that such discussions
would occur. The League hopes to have an opportunity to work with the Arizona Multihousing Association to
negotiate an acceptable compromise.
Posting of Model City Tax Code
On February 14, the House of Representatives took final action on HB 2336 (city tax code; official copy). The bill
transfers responsibility for maintenance of the official copy of the Model City Tax Code from the League of Arizona
Cities and Towns to the Arizona Department of Revenue. The bill passed the House on a unanimous recorded vote of
60 -0. The League did not oppose the legislation because of our intention to maintain our user - friendly copy of the
MCTC on the League's website in any event.
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Consumer Fireworks
SB 1388 (consumer fireworks; regulation), legislation authorizing cities and towns to regulate the use and sale of
fireworks, passed the Senate Rules Committee on February 14. The League supports the bill.
In a related development, the Senate Committee on Government Reform passed a strike - everything amendment to
SB 1379 (relating to consumer fireworks) on Wednesday, February 16. That amendment, offered by Senator Frank
Antenori (R- Tucson), specifies the extent to which cities and towns may regulate the sale and use of fireworks. The
bill permits a municipality or county to charge an annual fee (not to exceed $200) for each fireworks store or retail
sales facility. Proceeds would be divided among a new fire marshal fund, jurisdictional fire districts and the State
General Fund. The bill also provides that cities and towns may not ban the use of consumer fireworks during the
periods of June 15 to July 5 and December 12 to January 2.
Rental Sales Tax Collection
This week the House Committee on Technology and Infrastructure passed HB 2289 (technical correction; election;
special districts) with a strike- everything amendment requiring the Department of Revenue to collect and remit real
property rental taxes for self - collecting cities on a quarterly basis. The bill was initially scheduled for a hearing in
the Ways and Means Committee but was improperly assigned. The League testified in opposition to the strike -
everything amendment and met twice with its sponsor, Representative Jeff Dial (R- Chandler), to better understand
the purpose and intent of the amendment. As the bill moves forward, the League and Rep. Dial will work to: effect
changes to preserve the right of non - program cities to tax and audit themselves; ensure operational compatibility
with the Model City Tax Code; and achieve Rep. Dial's goal of increasing tax collection simplicity and efficiency.
Transparency
HB 2572 (government expenditure database; transparency; CAFR) directs the Arizona Department of Administration
and each local government to post their comprehensive annual financial reports (CAFR) on their websites. The bill,
sponsored by Representative Brenda Barton (R- Safford), was heard in the House Committee on Government on
Tuesday, February 15, and passed on a vote of 5 -0. The bill expands upon legislation enacted last year extending
expenditure database requirements to local governments and requiring reporting of all revenues and expenditures
over $5,000. According to its sponsor, the purpose of HB 2572 is to require local governments to publish their CAFRs
online. The League, which testified on the bill in committee, is working with the sponsor to ensure that the
language of the bill matches the sponsor's intent.
Regulatory Reform
On Wednesday, February 16, the Senate Committee on Government Reform heard two bills addressing the issue of
local regulatory processes. Both bills are sponsored by Senator Lori Klein (R- Anthem).
SB 1286 (counties; cities; permits; time limit) requires counties and municipalities to approve or deny any permit
application within 60 days. Failure to notify the applicant of the decision within that timeframe results in automatic
approval. The League opposed the bill in committee and testified that it: a) does not provide adequate time for
certain permits to be properly processed, and b) would increase the number of permit denials, which is ultimately
bad for business. The sponsor did express a willingness to discuss alternate time limits.
SB 1598 (cities; counties; regulatory review) applies to local government the Regulatory Bill of Rights (which
currently applies only to state government agencies). Additionally, the bill makes changes to the general plan
statutes to account for aggregate resources and allows for certain persons to file special actions for decisions
regarding the general plan. The committee did adopt an amendment to substantively modify the special action
provisions. The League testified in opposition to the bill and will participate in a stakeholder meeting regarding the
legislation on February 22.
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Incorporation and Deannexation
On Tuesday, February 15, the House Committee on Government failed to pass HB 2275 (incorporation; urbanized
areas) and an associated strike- everything amendment. The bill as amended provides a temporary alternative for
incorporations occurring near existing municipalities. Because the measure's proponents adopted several League
recommendations, we registered our support for the bill. The strike - everything amendment was an attempt to
address issues associated with incorporation in Pinal County, but a number of interested parties from a county area
proposed for incorporation vocalized strong opposition to any such action, leading to the bill's defeat.
The Senate Committee on Government passed SB 1333 (cities; towns; deannexation; incorporation) on Wednesday,
February 16. Sponsored by the chairman of the committee, Sen. Antenori, the bill creates two alternative methods
for incorporation: one involving an annual reduction in the "Six -Mile Rule" and another that would allow areas of
1,500 persons or more with a governing board (including a planned community or special district board) to proceed
with an incorporation or annexation without the authorization of any city near the proposed area. Additionally, the
bill provides a new, elector- initiated, process for deannexation. Although the League is supportive of self -
determination for areas that want to incorporate, that principle must be weighed against the best interests of
existing cities and towns. We are also concerned that the bill's proposed deannexation process is highly problematic
as written. For these reasons, the League registered its opposition to the measure but is willing to work with the
sponsor to reach a suitable compromise.
Photo Radar Enforcement
Three different measures pending in the Senate address photo enforcement systems. SB 1352 and SCR 1029 (photo
radar prohibition) both seek a statewide prohibition on the use of any photo enforcement system, including red light
cameras. The passage of SB 1352 would result in a new state statute and that of SCR 1029 would result in a ballot
proposition presented to the voters of Arizona. Another bill, SB 1354 (photo enforcement; violator identification
response) provides that the subject of a photo radar ticket need not identify the photographed driver or respond to
the notice or complaint. The League opposes these bills, all of which are sponsored by Sen. Antenori , on the bases
of their interference with local control and the scope of the prohibitions. The bills, however, passed the Senate
Committee on Government along party lines on February 16.
Revenue Allocation Authority
Senators Frank Antenori (R- Tucson) and John Nelson (R- Litchfield Park) have joined forces to promote a strike -
everything amendment to SB 1371. The legislation creates a new entity called a "revenue allocation authority." The
bill prescribes the process for establishing such an entity within a municipality's boundaries to fund projects
promoting economic development. The legislation also authorizes the revenue allocation authority to issue revenue
bonds by pledging revenues from specified local sources. These sources include a portion of incremental amounts of
property taxes, as well an incremental amount of municipal transaction privilege tax (TPT) above the municipality's
base TPT. The purpose of the bill is to provide a means (consistent with the Arizona Constitution) to capture
incremental property tax revenues or local sales tax revenues for infrastructure and development projects designed
by voter - approved local revenue allocation districts. SB 1371 passed the Senate Committee on Natural Resources
and Transportation by unanimous vote on Monday, February 14. It now proceeds to the Senate Appropriations
Committee for further consideration.
Utility Charges
In an ongoing saga continuing from last session, two pending bills attempt to mandate how cities and towns collect
on delinquent utility accounts. HB 2193 (municipal water charges; responsibility), sponsored by Representative Jim
Weiers (R- Phoenix), prohibits municipalities from requiring payment for unpaid water and wastewater rates from
anyone other than the person who made the contract, resided at the property, and received the service. It also
prohibits municipalities from refusing provision of service on the basis of unpaid water and wastewater bills to
anyone but the person who resided at the property and received the service, whether or not they contracted for
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such service. It does allow property owners and immediate family members to voluntarily contract with a city for
water and wastewater services and provide payment for these services. SB 1157 (sewer and wastewater charges),
sponsored by Senator Gail Griffin (R- Hereford), specifies that a municipality may require payment for wastewater
and garbage services only from the user of the services or a person who contracts for the services. It also prohibits a
municipality from imposing charges on a property owner who has not contracted for wastewater or garbage service.
The League opposed both bills, as we have been actively engaged in numerous productive stakeholder meetings on
this subject. Nonetheless, both bills passed their original committees and now await action by their respective Rules
Committees.
Public Intoxication Laws
Senator Sylvia Allen (R- Snowflake) sponsored and heard SB 1177 (counties; municipalities; public intoxication laws),
a bill that augments local authority to address public intoxication. Current state law prohibits municipalities from
arresting, detaining or intervening with people who are drunk in public. Regarding the issue from a humane
perspective, Mayor Lyle Dimbatt of Page and Mayor Jeff Hill of Holbrook both testified on the impacts of the public
intoxication problem in their communities. Both cited cases of people dying due to exposure and testified that city
officials cannot intercede with intoxicated people if no other errant behavior or crime is taking place. The
committee discussed the merits of the testimony and agreed to move the measure forward on the condition that a
study committee be formed to further investigate the problem and potential solutions.
Political Signs
HB 2500 (s /e: political signs; public right -of -way), sponsored by Representative David Gowan (R- Sierra Vista)
prohibits the removal of political signs from public rights -of -way during the period 60 days before a primary election
until 15 days after the general election. There are exceptions to this measure. A sign can be removed if:
• it obscures driver vision;
• there is an emergency;
• it is non - compliant with the Americans with Disability Act; or
• the sign is a public safety hazard.
The League testified that the bill could be improved with language regarding the length of time a city would have to
keep a removed sign and with a provision for the inclusion of contact information on such signs. The League also
suggested that cities should be held legally harmless for damages caused by a sign if the city fails to remove it. The
bill's sponsor agreed to continue discussions with the League. In the meantime, the bill passed out of committee on
a 7 -2 vote.
Legislator Profile
Watch this space for a profile of Representative David Stevens (R- Sierra Vista) in next week's Legislative Bulletin.
Legislative Bulletin is published by the League of Arizona Cities and Towns.
Forward your comments or suggestions to league@azleague.org.
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