HomeMy WebLinkAboutCouncil Agenda Packet 03/02/2004 TOWN OF MARANA, ARIZONA
COUNCIL MEETING AGENDA
13251 N. Lon Adams Road
March 2, 2004 - 7:00 ]p.m.
Mayor Bobby Sutton, Jr.
Vice Mayor Herb Kai
Council Member Jim Blake
Council Member Patti Comerford
Council Member Tim Escobedo
Council Member Ed Honea
Council Member Carol McGorray
Town Manager Mike Reuwsaat
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 agendla may be revised up to twenty -four
hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda.
If you are interested in speaking to the Council during Petitions and Comments, Public
Hearings, or other agenda items, you must fill out a speaker card (at the rear of the Council
Chambers) and deliver it to the Clerk in advance of the agenda item you wish to address. It is up to
the Mayor and Council whether individuals will be allowed to address the Council on issues other
than Announcements, Petitions & Comments, and Public Hearings. All persons attending the
Council Meeting, whether speaking to the Council or not, are expected to observe the Council
Rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person
interfering with the meeting in any way, or acting rudely or loudly will be removed from the
meeting and will not be allowed to return.
To better serve the citizens of Marana and others attending our meetings, the Council
Chamber is wheelchair and handicapped accessible. Any person who, by reason of any disability, is
in need of special services as a result of their disability, such as assistive listening devices, agenda
materials printed in Braille or large print, a signer for the hearing impaired, etc., will be
accommodated. Such special services are available upon prior request, at least ten (10) working
days prior to the Council Meeting.
For a copy of this agenda or questions about the Council Meetings, special services, or
procedures, please contact Jocelyn C. Bronson, Town Clerk, at 682 -3401, Monday through Friday
from 8:00 a.m. to 5:00 p.m.
ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEIV[ LISTED ON THIS AGENDA.
Amended agenda items appear in italics.
Posted no later than February 27, 2004 by 7:00 o'clock p.m., at: the Marana Town Hall, Marana
Police Department, and the Marana Development Services Center.
1
TOWN OF MARANA, ARIZONA
COUNCIL MEETING AGENDA
13251 N. Lon Adams Road
March 2, 2004 - 7 :00 p.m.
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. INVOCATION/MOMENT OF SILENCE
IV. ROLL CALL
V. APPROVAL OF AGENDA
VI. ACCEPTANCE OF MINUTES
Minutes of the February 17, 2004 Council Meeting
Minutes of the February 17, 2004 IDA/CHODO Study Session
VII. CALL TO THE PUBLIC — ANNOUNCEMENTS — INTRODUCTIONS UPCOMING
EVENTS
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 (3) minutes to speak.
Any persons wishing to address the Council must complete a speaker card (located at the
rear of the Council chambers) and deliver it to the Town Clerk prior to this agenda item
being called. 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.
VIII. STAFF REPORTS
IX. GENERAL ORDER OF BUSINESS
A. CONSENT AGENDA
The consent agenda contains agenda items requiring action by the Council which are
generally routine items not requiring council discussion. A single motion will approve
all items on the consent agenda, including any resolutions or ordinances. A Council
Member may remove any issue from the consent agenda, and that issue will be
discussed and voted upon separately, immediately following the consent agenda.
There are no consent items scheduled for toni ht's meeting
B. COUNCIL ACTION
1. Presentation by LTC Louis H. Jordan Jr Deputv Brigade Commander of the
Western Armv National Guard Aviation Training Site (WARTS).
2
TOWN OF MARANA, ARIZONA
COUNCIL MEETING AGENDA
13251 N. Lon Adams Road
March 2, 2004 - 7:00 p.m.
2. Resolution No. 2004 -20: Authorizing the Town Manager to execute any and all
documents necessary to effectuate the purchase of the transmission tower located
at 5100 W. Ina Road for sixty -seven thousand five hundred dollars (Roy Cuaron)
3. Resolution No. 2004 -21: Agreement for Construction of Water Facilities and
Provision of Water Utility Service known as the Studebaker Drive /Sunset Ranch
Estates Extension Project of the Continental Reserve Water System (Brad
DeSpain)
4. State Legislative Issues - Discussion/Direction/Action regarding all pending bills
before the Legislature (Mike Reuwsaat)
C. MAYOR AND COUNCIL'S REPORT
D. MANAGERS' REPORT
X. FUTURE AGENDA ITEMS
X1. ADJOURNAZENT
Bobby Sutton, Jr., Mayor
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MINUTES OF REGULAR COUNCIL MEETING
MARANA TOWN HALL
FEBRUARY 17, 2004
PLACE AND DATE
Marana Town Hall, February 17, 2004
I. CALL TO ORDER
By Mayor Sutton at 7:01 p.m.
II. PLEDGE OF ALLEGIANCE
Led by Mayor Sutton
III. INVOCATION/MOMENT OF SILENCE
A moment of silence was observed.
IV. ROLL CALL
COUNCIL
Bobby Sutton, Jr. Mayor Present
Herb Kai Vice Mayor Present
Jinn Blake Council Member Present
Patti Comerford Council Member Present
Tim Escobedo Council Member Present
Ed Honea Council Member Present
Carol McGorray Council Member Present
STAFF
Michael Reuwsaat Town Manager Present
Jaret Barr Assistant to the Town Manager Present
Frank Cassidy Town Attorney Present
Jocelyn Bronson Town Clerk Present
Jim DeGrood Development Services Administrator Present
Attached is a list of public attendees.
V. APPROVAL OF AGENDA
Upon motion by Council Member Escobedo, seconded by Council Member
Honea, the agenda was unanimously approved.
1
3 s NIINUTES OF REGULAR COUNCIL MEETING
3
MARANA TOWN HALL
y � _ , .w r_., v FEBRUARY 17 2004
VI. ACCEPTANCE OF MINUTES
Upon motion by Council Member McGorray, seconded by Council 14ember
Escobedo, the minutes of the January 6, 2004 Council Meeting, the minutes of the
January 13, 2004 PAG RTA Study Session, the minutes of the January 20, 2004
Council Meeting, and the minutes of the January 21, 2004 CFD Study Session were
all unanimously approved.
VII. CALL TO THE PUBLICIANNOUNCEMENTS
Tucson City Council Member Shirley Scott was in attendance and spoke before the
Council. Sh praised the Town for its recent recognition of being named the "Best -
Managed City" by the Pat Summerall Production's Champions of Industry. She
noted how important regional cooperation was to her office and thanked the
Town's management staff for leading the way not only for Marana but for all of
southern Arizona, Ms. Scott, who is the elected representative from Ward IV in
Tucson, presented a plaque to Mayor Sutton commemorating the distinction.
Assistant Chief Al Pescada, Northwest Fire District, and Phil Cramer, NW Fire
Project Manager and Engineer, appeared before the Council to provide the
Council with an update on the future Northwest Fire Station No. 36, informally
called the Marana Fire Station. Assistant Chief Pescada described the new station
saying it wo Id have a different look than other stations within this area. He said
that the $2.6M building was 13,534 sq. ft. in size and on a 2 acre site. He said it
would be the largest station in the district. He pointed out that the building was
not only for today but would serve the district 35 to 40 years into the future. The
assistant chief said that one of the goals of NW Fire was to regain some of the
traditional fire department history where, historically, the fire station was a
neighborhood hub. He noted that Northwest Fire would like to revitalize that
neighborhood relationship with the Marana residents. He added that, along with
the 911 service provided, Northwest Fire also related to the community through
non-emergent means such as baby - sitting classes, CPR classes, car seat installation
classes, and the facilitation of blood drives through visits by the Red Cross
Bloodmobile
Ms. Alexis Lunceford, the Poppy Princess from the Casas Adobes American
Legion, arrived at the Council meeting and the group stood for the Pledge of
Allegiance. Ms. Lunceford distributed the paper poppy flowers associated with
the American Legion.
2
r
MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL
.. ,. FEBRUARY 17, 2004 _....... _ . _
Jane Howell spoke before the Council in order to recognize several Town
employees for their outstanding community service. She began by honoring
George Pesina, Sr., who was not present at the meeting. She said that Mr. Pesina, a
Town employee since 1994, had worked diligently to meet the internal
construction needs of the staff and had most recently tackled a difficult job in the
Marana Police Department (MPD) evidence room. She said that a hazardous
situation existed with fumes emanating from the MPD evidence room and,
through his expertise and problem solving skills, Mr. Pesina had devised a
customized ventilation system which saved the Town a great expense. Ms. Howell
commended him for his high level of performance throughout all of the years he
had been with Marana.
Next, the Human Resources Director recognized Allan Arnowitz, who was
originally hired in 1998 as a Street Inspector. She noted that Mr. Arnowitz had
performed a variety of jobs for the Town over the years and was currently a Public
Works Inspector, dealing with rights -of -way and construction related to public
works. She said that Mr. Arnowitz had taken on the responsibility of being the
Town's Safety Coordinator which entailed fairly extensive duties. She stated that a
great deal of expense had been saved through Mr. Arnowitz's efforts in putting
together an extensive free training program through OSHA, Southwest Risk, and
ADOSH. She said that he had single- handedly taken on. the safety training
coordination particularly for the field employees.
The third employee Ms. Howell recognized was Patti Gingrich, who started with
the Town as a part -time office support at the Development Services Center then
moving to the Water department as a customer service clerk. She explained that
Ms. Gingrich was currently the Human Resources Secretary and had volunteered
for extensive telecommunications training necessary for the deaf community's
phone call translations. Ms. Howell said that this was a very valuable contribution
to the community and that she expected the training would be something the
Town would eventually incorporate in order to reach out to a more diverse
community.
Ora Mae Harn addressed the Council regarding the upcoming 2004 Founders'
Day dinner/ dance event benefiting the Marana Museum. She explained that the
event was scheduled for Friday night, March 12th, at the Heritage Highlands
Clubhouse and that the tickets were $25 per person. She said that a silent auction
was planned for the event and she urged everyone to ask local merchants to
donate items.
3
MINUTES OF REGULAR COUNCIL MEETING
' MARANA TOWNHALL
. „FEBRUARYI74 2004..,
Tammy Reyes updated the Council on the upcoming Founders' Day events and
newly configured parade route. Ms. Reyes listed some of the scheduled attractions
such as a karaoke area, rodeo events, arts and crafts displays, and plenty -of food
vendors.
Council Member Comerford commended Ms. Reyes for her outstanding effort
associated with the Founders' Day planning.
Miley Clark, representing the Marana Arts Council, gave a brief summary of the
plans for the Mayor's VIP brunch being held Saturday, March 13th, immediately
following the annual parade. She said 250 guests were expected and that the
decorations and ambience would be the best yet in the VIP tent. She announced
that the Marana Rotary was handling the food and plate service.
Mayor Sutton asked if Ms. Clark had recently been a participant on a cable
television home redecorating program, Trading Spaces Family. Ms. Clark
confirmed that she had been involved with the show and that her segment would
air either the first or second Sunday in April at 7:00 p.m. on the TLC cable channel.
VIII. STAFF REPORTS
There were no questions regarding the staff reports.
IX. GENERAL ORDER OF BUSINESS
A. CONSENT AGENDA
1. Resolution No. 2004 -18 Authorizing the renewal of an Intergovernmental
Agreement with Pima County for payment of incarceration of municipal
prisoners. (Michael Reuwsaat)
2. Ordinance No. 2004.05: Solar Energy System Credit Increase An
ordinance of the Town of Marana, Arizona amending Marana Town
Code, Chapter 7, Article 7 -3, relating to building permit fees, to increase
the building permit fee credit for new homes with certain solar energy
systems to $1,000. (Jack Holden)
4
MINUTES OF REGULAR COUNCIL MEETING .
MARANA TOWN HALL
. FEBRUARY 17,- 2004
3. DiscussionlDirection Approval of a reconstruction of the town owned
building at the "Heritage Park" to become a public building. (Jaret Barr)
Upon motion by Council Member Escobedo, seconded by Council Member
McGorray, the consent agenda was unanimously approved.
B. COUNCIL ACTION
1. Swearing in by Oath the appointed members of the Board of Adjustment
(Michael Reuwsaat)
Ms. Bronson swore in Bob Anderson, Lyn Alvarez, Bill Ohl, Victor
Parmentier, Elaine Perillo, Jack Noble, and Bill Raffone, as members of the
Board of Adjustment.
2. PUBLIC HEARING: Resolution No. 2004 -16• Twin Peaks Highland
Revised Preliminary Plat A resolution of the Mayor and Council of the
Town of Marana, approving the preliminary plat for PRV- 03133, Twin
Peaks Highland, submitted by D.R. Horton for a 119 -lot single family
41 detached home subdivision on 29.78 acres located within the Pima Farms
North Specific Plan, located west of Silverbell Road, between Twin
Peaks Road and Coachline Boulevard, in a portion of Section 20,
Township 12 South, Range 12 East. (Kevin Kish)
Mayor Sutton opened and closed the public hearing. There were no
speakers from the public.
Mr. DeGrood presented this item before the Council. He said that the
preliminary plat was a revised plat and that the project had appeared
before the Council on two other occasions. He explained that the first
presentation to the Council was in 2001 when it was approved with the
elimination of some lots and more recently the Council had approved the
project with the preservation of significant areas alongside of the Safford
Peak Wash. He noted that the project was primarily revised to address the
El Paso Natural Gas Pipeline (EPNG) which had originally been shown as
being within the main street within the subdivision. He reported that, after
discussion with EPNG, the developer had elected to leave the pipeline
within an undisturbed easement and to re -plat around the pipeline. He said
5
MINUTES OF REGULARCOUNCIL MEETING
MARANATOWN HALL
FEBRUARY 17, 2004
that the concern was as a result of the pipeline issues with the Kinder -
Morgan gas pipeline within the City of Tucson. He stated that the redesign
of the project provided for a second entrance into the Pima Farms 4Zeserve
subdivision that was currently in the platting process.
Upon motion by Vice Mayor Kai, seconded by Council Member Honea,
Resolution No. 2004 -16 with specified conditions was unanimously
approved.
3. PUBLIC HEARING: Resolution No. 2004 -17: Continental Reserve Block
15 Preliminary Plat A resolution of the Mayor and Council of the Town
of Marana, Arizona, approving a preliminary plat on 19.80 acres, located
in Block 15 of the Continental Reserve Block Plat, within the Pima Farms
Specific Plan area, consisting of a 66 -lot single family residential
subdivision. This property lies within Sections 28 and 33, Township 12
South, Range 12 East, on the south side of Continental Loop Road and
west of Pima Reserve Drive (Kevin Kish)
There were no speakers from the public regarding this item. The Mayor
opened and closed the public hearing.
Mr. Kish gave a brief outline of the project saying that it contained areas
affected by the development sensitive overlay requirements. He said that
the plat provided disclosure of the areas by way of notes and delineations.
He reported that a recently approved Council action, Marana Ordinance
No. 2004.04, relating to the establishment of the Town's residential design
requirements, could not apply to this project as the 30 -day waiting period
for the ordinance had not yet passed. He said that the project had furnished
its own residential design guidelines and that Town staff did not have any
issues with these guidelines. He requested that the text contained within
the proposed Marana Resolution No. 2004 -17 referring to the
aforementioned ordinance be stricken from the resolution text. Mr. Kish
recommended approval subject to the requested text corrections.
Mr. Cassidy explained that the phrase "subject to conformance with
Marana Ordinance No. 2004.04 relating to Residential Design
Requirements, as approved by the Town Council on January 20, 2004"
should be deleted from the resolution. He said that a resolution with the
correct text would be ready for the Mayor to sign at the close of the
meeting.
6
.: MINUTES' OF. REGULAR COUNCIL MEETING
MARANA TOWN HALL
FEBRU
ARY '2 004
Upon motion by Council Member Comerford, seconded by Council
Member Honea, Resolution No. 2004 -17 with changes was unanimously
approved.
4. PUBLIC HEARING: Resolution No. 2004 -20: Continental Reserve Block
16B Preliminary Plat A resolution of the Mayor and Council of the Town
of Marana, Arizona, approving the Continental Reserve Block 16B
Preliminary Plat, consisting of an 86 -lot detached home residential
subdivision on approximately 29.5 acres within the Pima Farms Specific
Plan. The property is generally located at the southwestern corner of
Pima Reserve Drive and Wade Road within Sections 28 and 33, Township
12 South, Range 12 East. (Kevin Kish)
Mayor Sutton opened and closed the public hearing. There were no
speakers from the public in reference to this item.
Mr. Kish presented this item and said that this project was part of the
Continental Reserve Final Block area. He explained that it was created by a
lot split in July 2003 and that it met all of the requirements of the
Continental Ranch Specific Plan as well as those of the applicable codes and
ordinances. He added that the same scenario existed. with the proposed
resolution in terms of the language content referring to Marana Ordinance
No. 2004.04. He asked that the text be stricken from the resolution. He
recommended approval of the resolution with the requested change.
Upon motion by Council Member Comerford, seconded by Council
Member Honea, Resolution No. 2004 -20 with changes was unanimously
approved.
5. PUBLIC HEARING: Resolution No. 2004 -23: Gladden Farms Community
Facilities District Consideration and possible adoption of a Resolution
of the Mayor and Common Council of the Town of Marana, Arizona a
municipal corporation of Arizona, ordering and declaring formation of
Gladden Farms Community Facilities District; approving and
authorizing the execution and delivery of a District Development,
Financing Participation and Intergovernmental Agreement (Gladden
Farms Community Facilities District) and declaring an emergency.
(Michael Reuwsaat)
Mayor Sutton opened and closed the public hearing. There were no
speakers from the public.
'MINUTES OF REGULAR COUNCIL MEETING .a
1VIARANA TOWN HALL
FEBRUARY 17'2004`, ....
Mr. Reuwsaat presented this item before Council and said that the action
was related to the January 21, 2004 item, authorizing approval of the
formation of the Gladden Farms Community Facilities District (6FCFD).
He gave a brief history of the item stating that the Mayor and Council
would serve as the Board of Directors, the Town Manager as the CFD
Manager, the Town Engineer as the CFD Engineer, and the Town Attorney
as the CFD Attorney. He said that other Town officials would serve in a
variety of CFD capacities as well. He conveyed that the Council's approval
of this action would authorize a May 18, 2004 election to authorize the sale
of $69M in bonds over the life of the CFD. He went on to say that the first
$23M was obligated to the developer for infrastructure directly related to
the benefit of the residents buying into the area. He said that the remaining
$46M would then be available to the Town for future flexibility if necessary
for public infrastructure. He said that after this item, the Council would
also be asked to approve an amended development agreement and, after
the Council meeting closed, the Council would sit as the CFD Board and
authorize the same information passed as the Council to effectuate all of the
items necessary to move forward with the GFCFD. He explained that the
developer's financial obligations were a $75,000 payment upfront which
was nonrefundable and an annual obligation of $100,000 in CFD operation
maintenance cost, to the extent they are not covered by the 30C O &M tax
levy. He said this amount applied to roadway improvements and
infrastructure dealing with the extension of Tangerine Farms Loop Road
and that this district anticipated a maximum secondary tax rate at $2.80 per
$100 assessed valuation. He noted that the tax rate included 30¢ per $100
O &M. He recommended approval of the resolution.
Council Member Honea commended Mr. Reuwsaat and Mr. Barr on the
outstanding work each had contributed on this project. He said that he
thought the two had put together a sustainable CFD format for the future
when other entities came into the Town. He also commended Gladden
Forest for working with the Town on such a difficult project. He said that
this was an important government/ private sector enterprise that benefited
the entire community.
Mayor Sutton commented that this process was tough to get through and
that the current Council had always had great vision. He said that he
thought the CFDs would assure that development paid for itself and had a
workable mechanism. The Mayor said that this action also gave the Town
8
,:
MINUTES OF REGULAR COUNCILMEETII�G
k MARANA�TOWNHALL,`
FEBRUARY' 17 2004 T a k
great flexibility for Councils twenty to thirty years in the future to deal with
infrastructure needs essential for the community. He pointed out that he
realized this was a tough issue for some of the Council members Because,
no matter how it was presented, it was a property tax. He said that while
Marana had long been dedicated to not having any property taxes for its
current residents, this action would ensure that development paid for itself.
He said that he was proud of this effort and to be associated with the legacy
of the current Council. He added that the decision to form the community
facility district had allowed the Town to position for a fiscally strong future.
Council Member Escobedo agreed with the Mayor and Council Member
Honea and said that everyone was to be commended for an excellent job
well done.
Mr. Barr thanked the entire Council for their understanding and patience
during the long learning process associated with this project. He added his
appreciation for Mark Reader and Michael Cafiso who acted as guides
during the community facilities district education process.
Upon motion by Council Member Honea, seconded by Council Member
Escobedo, Resolution No. 2004 -23 was unanimously approved.
6. Resolution No. 2004 -24: First Amendment to Gladden Farms
Development Agreement Consideration and possible adoption of a
resolution of the Mayor and Council of the Town of Marana, Arizona,
approving and authorizing the execution and delivery of a First
Amendment to Gladden Farms Development Agreement with Gladden
Forest, L.L.C. and declaring an emergency. (Michael Reuwsaat)
Mr. Cassidy spoke to the Council regarding this item. He said that the
proposed amendment carried forward many of the elements of the
negotiations on the previous item by taking the requirements from the CFD
negotiations and placing them onto the land.
Upon motion by Council Member McGorray, seconded by Council Member
Honea, Resolution No. 2004 -24 was unanimously approved.
9 .
MINUTES OF REGULAR COUNCIL MEETING
MARANA TOWN HALL
FEBRUAR 7;
Y 1 2044
7. State Legislative Issues - Discussion/Direction/Action regarding all
pending bills before the Legislature (Mike Reuwsaat)
Michael Racy gave an overview of the State Legislative issues concerning
Marana. He said described the legislative session as interesting and
apologized that he could not bring the Council better news. He said that
there were many bills introduced in 2004 that were adverse to the interest
of cities and towns and that those bills were moving through the legislative
process more effectively and rapidly than at any time he could remember
over the last 5 to 8 years. He reported on several general areas associated
with the State budget and said that a small amount of relief was being seen
due to improvement in the State's economy. He said that the State's budget
deficit turned out to be less than half of what was predicted earlier and that
the Legislative budget and the Governor's budget were far closer than they
were at this time last year. He said that budget negotiations between the
Governor's office and the Senate were moving along fairly smoothly but
that was not the case with the House of Representatives.
He reported that the good news for local governments was that there were
no attempts to modify revenue sharing to cities and towns and that there
were no other substantial direct impacts to cities and towns in the budget
proposals. He said there were some shifts of HURF dollars that might delay
various State projects especially outside of Maricopa County and those
were not measures that Marana supported. He described a bright spot in
the Governor's budget as the recommendation for the reinstatement of
100% of the flight property tax that's been a large benefit to the Marana
Northwest Regional Airport. He confirmed that the Town had been the
lead in this effort along with the State Airports Association. Mr. Racy spoke
about making significant progress with the State legislature on that front
but cautioned that a great deal of work was yet to be done. He indicated
that one of the largest issues of the year for both the Pima County and the
Maricopa County regions had been the regional transportation bills
authorizing the half cent sales tax. He gave a brief update on these bills
progress through legislative process. He noted that a number of
modifications had been requested along the way which would result in the
bills no longer being identical thus eliminating the possibility to
"substitute" either bill. He explained that this could add many additional
steps in the process and that there were negotiations underway to try to
resolve some of those outstanding issues on the regional transportation
authority.
10
MINUTES; OF REGULAR COUNCIL MEETING
MARANA TOWN HALL
FEBRUARY
Mr. Racy continued by reporting on work being done with the Southern
Arizona Water Users' Association, along with Brad DeSpain, on Senate Bill
1349 dealing with exempt wells. He said that there were a number of
problems with the Cattlemen's Association but that the Utilities Director
had promised resolutions to those issues. He said that a number of other
bills going through the process that dealt specifically with circumstances in
the Maricopa County region could have negative consequences on the rest
of the State. He said that Senate Bill 1043 would put severe limitations on
Marana's ability to enter into development agreements containing business
incentives for new companies moving to the region. He noted that the
Town was very actively fighting that effort through a coalition of interested
parties.
Mayor Sutton asked Mr. Racy to expand on the fight against the passage of
Senate Bill 1043.
Mr. Racy responded by giving a brief background on the bill. He said that
the bill was the result of some cutting that had taken place in Maricopa
County over the last few years where jurisdictions bid against each other
for new businesses coming into their regions. He said that Senator Jack
Harper, newly elected to the Legislature in 2003, had introduced the bill last
year and that it failed by only one vote in its first committee. He confirmed
that there have been newspaper articles covering the circumstance where
two adjoining cities would bid against each other to give a package of
incentives to a large sales tax generator. He said that Senator Harper had
been offended by that practice and believed that it had worked to the
determent of the tax payers. He observed that, as a small business owner he
had felt that larger businesses were getting a benefit that he wasn't
realizing. Mr. Racy mentioned the merits of those specific transactions that
linked significant job creation, economic development benefits and other
things from the point of view of the jurisdictions that entered into the
bidding processes. He noted that those transactions were different from the
kind of economic incentives the Town of Marana had granted, and that
most of rural Arizona granted, which were tied to specific infrastructure
reimbursements or other specific criteria. He said that the bill moved
rapidly through the Finance committee gaining enormous traction and took
everyone by surprise including the League of Arizona Cities and Towns as
well as business owners. He said that southern Arizona had rallied more
effectively than the rest of the State, but that much work was still needed to
defeat the bill.
. MINUTES, OF REGULAR,COUNCIL MEETING
MARANA TOWN HALL
£4. .
FEBRUARY 1 4 7, 2004
He said another bill of interest to the Town was one that would place
limitations on rights to condemn lease hold interests and a bill by
Representative Farnsworth on vested property rights that would create an
automatic trigger investing on property rights for a defined period of time.
Council Member Honea asked about the bill related to the lease
condemnation.
Mr. Racy replied that there were significant challenges on that bill as well.
He said that there was a lawsuit connected to the bill involving Maricopa
County. He mentioned that Maricopa County hasn't decided whether to
appeal the appellate court decision and stood up in committee publicly
taking a position of neutrality. He said that had made it difficult for other
communities to weigh in on the issue. He acknowledged that there was
plenty of work to do on that bill as well.
He briefly touched on House Bill 2398 which created additional flexibility
in the standards necessary for referendum petitions. He said that a
miscommunication between the League and the Governor's office on the
format of the bill had resulted in a disagreement stalemate. Mr. Racy said
that he believed a workable format had been designed and he planned to
meet with the lawyers in the legislative council to study if the concept
would work. He indicated that he was working with members of the
southern Arizona delegation to find a "strike everything' amendment to
address that issue.
Mr. Racy concluded his briefing saying that there were a number of bills on
annexation, one of which would raise the signature threshold from 50% to
80 %. He did not think that it would pass. He said that two annexation bills
introduced by Representative Huffman, at the request of the City of
Tucson, were not bills having any negative effects on the Town but that
were not policies he expected to pass through the legislative process. He
added that a last item dealt with the significant issue of military
preservation, which could have serious consequences for the Town of
Marana. He explained that there had been discussions about increasing the
number and type of facilities that would be covered under the existing
protection statutes. He said that currently those statutes protected and were
designed for fixed -wing, permanently -based aircraft bases such as Davis
12
MINUTES OF REGULAkCOUNCII;, MEETING
MARANATOWN HALL
FEBRUARY 17 2004
... ._..,. ;L ._:.. _�
Monthan Air Force Base. He stated that the original proposal out of the
Governor's task force was to apply the exact same standard and protection
to auxiliary fields, helicopter fields, and a number of other facil tres. He
acknowledged that the proposed format overlaid on the helicopter base at
Pinal Air Park would effectively freeze a significant amount . of growth and
development from the Pinal Air Park down to the Marana Northwest
Regional Airport. He reported that, after a number of meetings with the
Governor's office, an agreement had been reached to separate definitions
for military airports, auxiliary fields, helicopter bases, and other types of
installations and ongoing negotiations about what sort of protections
would be appropriate for helicopter bases in progress. He said that was
moving in the right direction but that it was something of concern to the
Town. He noted the new provisions regarding notification requirements for
military training routes and said that the Town was concerned about how
extensive those might be as well as what would or would not be included
in the notifications. He added that another troubling provision was that any
zoning action or general plan changes within the vicinity of any of these
areas, based on the prior definitions, would require the Town to get
approval by a bureaucrat in the State Department of Commerce before they
could act on any of the cases. Mr. Racy observed that this would put the
State in the role of a super zoning authority superceding that of cities,
towns and counties. He said that all local governments had been troubled
by those provisions as well and that there has been good progress working
with various entities to get the requirements narrowed down to an
appropriate scale where they provided the necessary protection for
Arizona's military installations.
Mr. Reuwsaat commended Mr. Racy for his due diligence not only on
Marana's behalf but also for southern Arizona as well.
C. MAYOR AND COUNCIL'S REPORT
There were no reports given at this time.
D. MANAGERS' REPORT
There were no reports given at this time.
13
h J V
* r
MINUTES OF REGULAR COUNCIL: MEETING
MARANA TOWN HALL
FEBRUARY
X. UPCOMING EVENTS
There was no discussion of upcoming events.
X1. FUTURE AGENDA ITEMS
No items were suggested for future agendas.
MI. ADJOURNMENT
Upon motion by Mayor Sutton, seconded by Council Member Escobedo, approval
to adjourn was unanimous. The time was 8:06 p.m.
CERTIFICATION
I hereby certify that the foregoing are the true and correct minutes of the
Marana Town Council meeting held on February 17,2004. 1 further certify that a
quorum was present.
Jocelyn Bronson, Town Clerk
14
/� First T1Ie At Ipt
f� Residential Diesi n Review dvis+nr om tt
Town Of Ma Design StacsReew
�r
A9
3iz�a
Martina Town:Hal�
CdM'M1 t,ee_ ;_ Mayor Bobby Sutton, Jr.; Council Member Ed Honea; Council Member Patti
,1�tbehip: Comerford; Planning Commissioner Bob Allen; Planning Commissioner Trish
Berg; Dean Wingert, Forest City; Mark Weinberg, Diamond Ventures; Bill
Hallinan, Cottonwood Properties; Paula Meade, Pulte Homes; Jim Noller, KB
Homes and Alex Jacome, SAHBA
'° f ff /Co nsultant5 Interim Planning Director Kevin Kish;
Encore Planning Group: Barbara Strelke; Grace Evans
• Introductions
• Overview of Project (Hand -outj
• Pr6limin�ry S, dule/Milesto f and-
out)
�• Discussion of Issues Strategies
(Handouts : = excerpts; from'NW Area Plan;
February 2003 Design Standards draft, peer
communities design review)
.' IVet Meeting
MINUTES OF IDA%CHDO STUDY SE SSION
MARANA TOWN HALL
x , „ FEBRUARY 17, 2004
PLACE AND DATE
Marana Town Hall, February 17, 2004
I. CALL TO ORDER
By Mayor Sutton at 5:05 p.m.
The study session was held informally and no official roll call was given. Council
Member Honea was excused from the study session. All other Council members
were present and seated at the dais. Senior staff and Town consultants in
attendance included Mike Reuwsaat, Jaret Barr, Jim DeGrood, Jocelyn Bronson,
Frank Cassidy, and Roy Cuaron. A list of public attendees is attached.
II. GENERAL ORDER OF BUSINESS
1. Study Session: Discussion of the Town's Formation of an Industrial
Development Authority (IDA), IDA Non - Profit, and Community Housing
Development Organization (CHDO) (Dick Gear)
Mr. Reuwsaat began the study session and stated that this item was brought
before the Council for consideration as the Town might be able to leverage
more dollars into the community through a CHDO. He introduced Ann
Morales, an attorney with Rusing & Lopez, P.L.L.C. and said she had assisted
several communities in establishing IDA's and non - profit organizations.
Ms. Morales gave a presentation regarding the formation of three entities that
would assist the Town with economic development, in setting up a community
loan program, and in establishing greater links for funding of its affordable
housing program. She listed the three entities as an Industrial Development
Authority (IDA), and IDA non - profit, and a Community Housing
Development Organization (CHDO) and provided a brief explanation of each
entity.
Ms. Morales explained that an IDA, authorized by Congress in 1954, was
established as a means to promote industry and develop trade to assure
adequate job opportunities and an improved standard of living. She said that
an IDA was a conduit for the provision of affordable housing for citizens
within its community and issued bonds to promote these goals. The attorney
listed several characteristics of an IDA including the fact that, once formed, it
became a political subdivision of the State of Arizona and was subject to Open
Meeting laws per A.R.S. §38 -431. She said that the initial Board of Directors of
1
MINUTES OF IDA%CHDO STUDY SESSION
MARANA TOWN HALL
FEBRUARY 17, 2004
an IDA must be appointed by the Mayor and Council. She pointed out that the
two primary functions of an IDA were issuing bonds to qualified projects and
funding community loans with fees from the bond project. She described the
Town's role in the bond projects and said that, while there was no financial or
legal liability for the Town, the Town would review and approve the
proceedings of the IDA.
Ms. Morales said that an IDA would benefit Marana by promoting economic
development and housing development as well as neighborhood and
community development. She continued her presentation by noting some of
the IDA qualified bond projects such as housing, manufacturing facilities,
health care facilities, educational facilities, redevelopment projects. She
indicated that IDA bond projects would be funded by private lender with no
public money and said that the projects would be a private investment for a
public purpose.
Ms. Morales continued by describing the features of the community
investment loans and said that the loans would be to businesses and
corporations within the Marana community with the purposes and parameters
to be established by the IDA in cooperation with the Town. She listed the costs
associated with an IDA and explained the funding sources for the costs.
She went on to explain the Marana Resource Corporation (MRC), a 501(c)(3)
non - profit corporation acting as an extension of the IDA. She said the MRC
would be formed to lessen the burdens of the IDA and the Town. She
explained that the MRC would engage in projects or activities that the IDA was
not empowered to such as ownership of affordable housing projects, the
administration of IDA programs, and to apply for various state and federal
loan programs. She pointed out that the MRC could perform all functions or
purposes of an Arizona non - profit corporation and must be controlled, either
directly or indirectly, by the IDA and /or Town of Marana. She said that the
costs of the MRC would be funded through loans, grants, bond proceeds, tax
credit proceeds and income generated from activities and/or projects.
The next topic covered was the Marana Housing Authority (MHA) which is a
501 (c)(3) non - profit community housing development organization (CHDO).
The presenter said that the parameters for a CHDO were established by the
U.S. Department of Housing and Urban Development (HUD) and that the
CHDO must serve a clearly defined geographical area. She noted that a CHDO
2
MINUTES OF:IDA/CHDO STUDY SESSION ° .
. MARANA._TOV4'N HALL .:.
r
RUARY_17, 20
could not be controlled by the IDA or the Town of Marana and that it would
provide housing for low -to- moderate income families. She said that MHA
costs were funded through HUD, federal, and State grants and loam, bond
proceeds, tax credit proceeds, and income producing projects and activities.
Ms. Morales described the MHA Board of Directors composition requirements
such as one third having to be low - income community representatives and no
more that one third may be representatives of the public sector
Council Member Blake stated that this program seemed to be linked through
the federal government with lots of paperwork. He recommended that staff
study what comes before Council very carefully before committing to any
project.
XII. ADJOURNMENT
The Mayor adjourned the meeting. The time was 5:30 p.m.
CERTIFICATION
I hereby certify that the foregoing are the true y y g g and correct minutes of the
IDA/CHDO Study Session held on February 17, 2004. I further certify that a
quorum was present.
Jocelyn Bronson, Town Clerk
3
1�w OF
I 7
9 7
gRIZONP
STAFF REPORTS TO COUNCIL
Building Parks & Rec
� Town Clerk Planning
Court Police
Finance PW /Engineering
Human Resources Water
•
MA A
.— 011Ce Departmen zon
Newsletter
Chief.
Richard {-Ydaurri PROFESSIONAL STANDARDS
UPDATE: f
Judy C c a pers Assistant:
Ju L By: Reynetta Ibarra #238
ud apers Peer Support Coordinator
By: Sgt. L. Garbini
Lieutenant: Cell: 429 -4461
Technical Services Page: 218 -3532
Dale Bradshaw 1. Ofc. Paul will be issuing the new O.C.
Lieutenant:
soon. The O.C. projects in a stream,
Support Services not a spray or foam, and comes in a
Joe Carrasco smaller size canister. Canister holders Ever feel overwhelmed with life's little
Lieutenant: will not be provided. If you do not (and sometimes big) ups and downs?
Operations currently have the smaller size holder
Paul Ashcrajt for your duty belt, you will need to The Peer Support program provides employees
Lieutenant: purchase one out of your uniform the opportunity to talk to other employees
Administration allowance. who have been trained to listen and support
Dan Bourland 2. We have been authorized to purchase others through difficult situations.
the Advanced TASER for all patrol
officers. If you have an interest in or any questions on Peer
3. Sgt. Garbini has requested the purchase Support, please feel free to contact me.
of several Red Guns, Knives and a
Rifle for training scenarios. Brochures will be sent out to each MPD
• 4. The smaller Glock 27 will be employee within the next few weeks.
authorized for auxiliary carry when the
new Use of Force policy, which will WELCOME TO NEW OFFICERS:
dictate the use of the weapon, is _
released. Congratulations on Commencement
5. Ofc. Paul has initiated the purchase of CARLOTA Class #83
additional handguns, rifles and
shotguns. In a ceremony held December 12, 2003
6. Check the training calendar sent in your three Marana officers received their Arizona
email. Some of the upcoming in -house POST (Peace Officer Standards and
training to expect; Extraordinary Training) certification, after 16 weeks of
Response Part II, Drivers Training, and grueling physical and educational instruction.
an Open Range. Joseph (Joe) Castillo was awarded the
7. Professional Standards encourages the Russell Duncan Award for best overall cadet
Employee Suggestion/Recognition which is voted on by peers.
Committee to draft a new Awards and • Joe Castillo
Recognition policy /procedure for future Jason Detwiler
implementation.
•
8. Thank you to all members of the 0 Angelica Placencio
Training Committee for their
continuing commitment, and thank you WELCOME TO OFFICERS:
to all who have helped the new officers • Alexander McKenna .
feel welcome by sharing your time with • Robert Santos
them. Who successfully challenged and passed the
• POST exam
• Henry Vega
Who will be attending the academy in
February.
MONTHLY POLICE DEPARTMENT OPERATIONS REPORT
TO: Town Manager, Mayor and Council
DATE: January 13, 2004
PERIOD: September 03
Set 03 Sept 02 Fiscal Year to Date
TOTAL CALLS FOR SERVICE 4163 2115 12,974 •
•
Department Case Reports 486 472 1,456
MOTOR VEHICLE TRAFFIC
• Traffic Stops 904 969 3,114
• Citations 333/490 362 574/1028
• Parking Violations 4 2 6
• Driven under the Influence 14 12 34
• Traffic Accidents 77 65 195
FELONY ARRESTS
• Adult 15 18 31
• Juvenile 2 1 6
MISDEMEANOR ARRESTS
• Adult 10 21 38
• Juvenile 18 22 37
DEATHS 1
• Homicide 0 0
• Natural 0
0
• Accidental 0 0
• Suicide 0
• Unknown 0
1 0
CRIMES AGAINST PERSONS
• Robbery 2 3
2
• Sex Offenses 4 3 9
• Offenses Against Family 1 1 3
• Assaults 37 ] 9 70 •
• Disorderly Conduct 12 4 23
CRIMES AGAINST PROPERTY
• Commercial Burglaries 5 14 24
• Residential Burglaries 6 12 - 20
• Thefts 54 68 184
• Motor Vehicle Thefts 14 14 39
• Criminal Damage 32 29 88
• Stolen Property Reported (S) 5232,898 5385,645 5656,616
• Properly Recovered (S) $76,936 5140,127 5317,566
MISCELLANEOUS
• Weapons Violations 0 1 1
• Narcotic / Drug Violations 14 15 43
• Liquor Violations 3 3 11
• Arrest for Other Jurisdiction 21 22 96
• Juvenile Violations 4 11 11
• Abandoned Vehicles 1 7 4
• Public Hazard 0 0 3
• Lost/Found 17 8 36
• Public Assist 2 4 16
• Civil Matter 4 4 14
• Suspicious Activity 6 13 13
• Security/Vacation/Business/Checks 1849 5748
• Assist other agency 18 19 51
• Miscellaneous 6 1 11
• False Alarm 130 1 4Ai8 •
Chief of Police
MONTHLY POLICE DEPARTMENT OPERATIONS REPORT
TO: Tovkm Manager, Mayor and Council
DATE: January 13, 2004
PERIOD: October 2003
Oct 03 Oct 02 Fiscal Year to Date
• TOTAL CALLS FOR SERVICE 4333 2363 17,307
• Department Case Reports 508 560 1,964
MOTOR VEHICLE TRAFFIC
• Traffic Stops 990 1041 4104
• Citations 333/490 430 907/1518
• Parking Violations 6 2 12
• Driving under the Influence 12 9 46
• Traffic Accidents 80 85 275
FELONY ARRESTS
• Adult 18 7 49
• Juvenile 2 I
8
MISDEMEANOR ARRESTS
• Adult 18 17 56
• Juvenile 16 43 53
DEATHS 2
• Homicide 0 0
• Natural 1
1
• Accidental 0 0
• Suicide 1
1
• Unknown 0 0
CRIMES AGAINST PERSONS
• Robbery 0 0
2
• Sea Offenses 1 2 10
• Offenses Against Family 9 2 12
• Assaults 23 22 93
• Disorderly Conduct 4 8 27
CRIMES AGAINST PROPERTY
• Commercial Burglaries 8 8 32
• Residential Burglaries 19 4 - 39
• Thefts 79 89 263
• Motor Vehicle Thefts 19 14 58
• Criminal Damage 16 61 104
• Stolen Property Reported (S ) $251,685 5296,604 $908,301
• Property Recovered (S) $110,631 $132,634 $428,197
MISCELLANEOUS
• Weapons Violations 1 0 2
• Narcotic / Drug Violations 12 15 55
• Liquor Violations 1 5 12
• Arrest for Other Jurisdiction 23 20 119
• Juvenile Violations 6 7 17
• Abandoned Vehicles 2 4 6
• Public Hazard 1 0 4
• Lost/Found 13 13 49
• Public Assist 4 4 20
• Civil Matter 5 9 19
• Suspicious Activity 7 8 20
• Security/Vacation/Business/Checks 1872 7,620
• Assist other agency 14 13 65
• Miscellaneous 4 6 15
• False Alarms 138 586
Chief of Police
MONTHLY POLICE DEPARTMENT OPERATIONS REPORT - 1
TO. Town Manager, Mayor and Council
DATE: January 5, 2004
PERIOD: November 2003
November 03 November 02 Fiscal Year to Date •
TOTAL CALLS FOR SERVICE 4299 2557 21,606
• De artment Case Re orts 466 446 2,410
MOTOR VEHICLE TRAFFIC
• Traffic Stops 1047 1060 5151
• Citations 360/529 524 1267/2047
• Parking Violations 4 0 16
• Driving Under the Influence 12 8 58
• Traffic Accidents 57 47 332
FELONY ARRESTS
• Adult ll 6 60
• Juvenile 2 5 10
MISDEMEANOR ARRESTS
• Adult 7 12 63
• Juvenile
DEATHS 29 24 82
• Homicide 0
0
• Natural 0 0
en
Accidtal 1
• 0
• Suicide 0 0
• Unknown I
1 I
CRIMES AGAINST PERSONS
• Robbe 0 0
• Sex Offenses 2
6 2 16
• Offenses Against Family 0 1
•
Assaults 12
17 25 1'0
• Disorderly Conduct 4 6 •
CRIMES AGAINST PROPERTY 31
• Commercial Burglaries 6 5
• Residential Burglaries •
11 6 50
• Thefts 55
• 73
Motor Vehicle Thefts 318
• 9 11 67 Criminal Damage 33
• Stolen Property Re rted ($) 8 137
• 5119,552 $220,4 2 2
Pro a Recovered (5) S1,027,853
MISCELLANEOUS S 104,994 5107,034 $533,191
• Wea ons Violations 2 3
• Narcotic / Drug Violations 4
14 11 69
• Li uor Violations 5 3
• Arrest for Other Jurisdiction 17
17 29 136
• Juvenile Violations 4 8
• Abandoned Vehicles •
6 4 12
• Public Hazard 0 0
• Lost/Found 4
• Public Assist 5 7 54 6 0
• Civil Matter 26
• Sus icious A 5 4 24 ctivi 12 15
• Securi /V acation/Business/Checks •
1924 280 9,527
• Assist other a enc 24 16
• Miscellaneous 88
• False Alarm 5 8 20
119 125 705
•
Chief of Police
0201 - 0203 0301 - 0337
0101-0102 SEXUAL ROBBERY
CRI UNAL ASSAULT / 0401-0441
• HO11rHCIDE AGG.
f
ASSAULT
1 /
0901-0912 0501— 0513
OTHER BURGL_4RY
ASSAULTS /
0801-0917 / 0701— 0704
ARSON VEHICLE
0601 -0609
THEFT LARCENY
ABOVE ARE THE OFFENSE CODES THAT WILL SCORE ON THE UNIFORM CRIME REPORTING (UCR)
STATS THAT ARE SUBMITTED MONTHLY TO D.P.S., WHICH IN TURN IS SUBMITTED TO THE F.B.I.
WHEN THERE IS A THEFT OF PROPERTY, IT IS VITALLY IMPORTANT TO HAVE A DOLLAR AMOUNT OF
THE VALUE AND AS MUCH INFORMATION ABOUT SAID ITEM.
• IF A PERSON IS ARRESTED AND CHARGED WITH DV- ASSAULT — PLEASE USE THE OFFENSE CODE OF
0911 OR 0912 RATHER THAN THE FAMILY OFFENSE CODE — AS THIS MAKES THE MONTHLY UCR NOT
BALANCE.
IN THE EVENT OF STOLEN / RECOVERED VEHICLES — IF MPD RECOVERS A VEHICLE STOLEN OUT OF
MPD; WRITE A SUPPLEMENT TO THE ORIGINAL CASE NUMBER. IF MPD RECOVERS A VEHICLE STOLEN
OUT OF ANOTHER AGENCY; THE OFFENSE CODE USED IS AGENCY ASSIST.
YOU ALL ARE DOING A TERRIFIC JOB, AND YOUR CONTINUED ASSISTANCE IN THIS IS GREATLY
APPRECIATED.
IF YOU HAVE ANY QUESTIONS I WILL BE MORE THAN HAPPY TO ANSWER THEM; IF I CAN.
REYNETTA IBARRA #238
RECORDS UNIT
ribarrana,marana.com
•
VICTIM COMPENSATION WHEN DO I CALL OUT VICTIM
WITNESS?
By: Patty Spencer By: Patty Spencer
If you are a victim of a violent crime or the The guidelines listed below are how Victim Witness •
next of kin of a victim who has died as the prioritizes their responses. THESE ARE ONLY
result of a criminal act, you may apply to GUIDELINES TO ASSIST YOU. Situations may not
your county's Crime Victim Compensation be so clear -cut, so if you are in doubt about whether
you should call them out, have dispatch contact
Board to recover certain expenses. This them and let them make the decision. PLEASE
money comes from surcharges and REMEMBER, THEY HAVE AN EXTENDED
penalties that are paid by criminals. Victims RESPONSE TIME TO THE MARANA AREA AND,
may apply to recoup losses paid for: SOME SITUATIONS, REQUIRE
THAT OFFICER BE TO BREIF
• Medical or dental expenses THEM UPON THEIR ARRIVAL OR WILL REQUEST
• Mental health counseling TO TALK TO THE OFFICER DIRECTLY BY
P
• Funeral and burial costs HONE PRIOR TO RESPONDING.
• Lost wages 1sT PRIORITY CALLS — VICTIMS AND WITNESS
OF VIOLENT CRIMES
Arizona, like every state, administers a . Homicide
crime victim compensation program that • Sexual assault/molestation /sexual contact
provides financial assistance to victims of w /minors
both federal and state crimes. A county- Assault (DV, drive -by shooting)
based Crime Victim Compensation Board Aggravated domestic violence
• Armed robbery
determines awards through an application DUI accident with or without injuries
process. The Crime Victim Compensation Home invasion
Board does not compensate for loss of Kidnapping
property or property damage. There are Death notification resulting from violent
conditions which must be met to be eligible crimes
for compensation, and eligibility does not 2 ND PRIORITY CALLS — VICTIMS AND
guarantee an award. To obtain an WITNESSES OF NON - VIOLENT CRIMES
application or receive more information on . Burglary (without resident present)
Crime Victim Compensation, contact your . Theft or damage of property
county Victim Compensation Coordinator • Auto theft
located in each County Attorney's Office. • Crime related transports (need resulting
Upon Board approval, an innocent victim or from car theft, DV, etc.)
a secondary victim (a person who is 3 RD PRIORITY — NON -CRIME RELATED
affected by the crime) may receive INCIDENTS
compensation. . Death notification (natural and completed
suicide)
Victim Restitution • Attempted suicides
If someone is found guilty of the crime(s)
committed against you, the court may order 4T" • Traffic accident
PRIORITY — PEOPLE IN NEED OF
that person to re -pay the financial costs of ASSISTANCE (PUBLIC WELFARE)
your victimization. This court- ordered Transports
• s
Food boxes
payment is known as restitution. Victims of Fboxe individuals
crime have a Constitutional right to receive Non -DV related shelter requests
prompt restitution. If charges are filed in
your case, it is important that you contact * * * ** *When children or seniors are involved
the prosecutor's Victim Services program in any of the above, the priority increases •
for more information and assistance with depended on the situation.
the restitution process.
• Employees adopted two families for the
r holidays. Explorers and helpers arrived early
�► `' to wrap collected fts and pack food baskets
9
O OST 77 for delivery. Santa in a police cruiser, with
Explorers and volunteers (following in his trail)
were met at the door by wide -eyed children
December 6 Marana Tree Lighting at Ora and excited adults. Lots of "Ho Ho Ho's" and
Mae Harn Park. The Explorers assisted with glee from good old St. Nick as he passed out
crowd control and provided safety for the three the heart- warming Christmas gifts, treats, and
hay wagon rides. At dark the annual tree was food baskets. This yearly event always brings
lit, venders, entertainment and a mountain of out the best in people who opened their hearts
snow will set the Holiday mood. to help others. We wish to thank W. Steven
Police Toy Drive and those who donated to
December 22, 2003 - HOLIDAY FAMILIES make this event a success.
Marana Police Explorers & Marana Police December 24 .2003 - MIRACLE ON 31 ST
STREET - Explorers and Marana Police
assisted with the annual event held at the
Marana High School. Santa Claus arrived by
helicopter to greet a large crowd of eagerly
awaiting children and adults. Food and
entertainment were enjoyed by those who
:►,'' braved the chilly Christmas Eve morning, as
i !i
they stood in line for the gifts distributed by
good ole St. Nick.
ADOPT -A -ROAD
December 14 1h , 2003 — Explorers met with
trash bags in hand to clean up their adopted
two -mile section on Tangerine Road. When all
was finished, they gathered and filled 16 bags
with trash and debris which had accumulated
along the roadside. A combined sigh of relief
and pride was released when they saw the
difference their two -mile accomplishment
made.
UPCOMING EVENTS
• Twin Peaks Carnival — Friday March
max.x 12 2004
• Marana Founders Day — Saturday
March 13 2004
I T ' U T
Explorers Olympics Friday June 4th,
2004 and Saturday June 5 2004
• Youth Leadership Conference in
Thatcher, Arizona in July
•
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TOWN TOWN
COUNCIL OF
MEETING MARANA
INFORMATION
DATE: March 2, 2004
AGENDA ITEM: IX. B. 1
TO: Mayor and Council
FROM: Michael A. Reuwsaat, Town Manager
SUBJECT: Presentation by LTC Louis H. Jordan, Jr., Deputy Brigade Commander of the
Western Army National Guard Aviation Training Site (WARTS).
DISCUSSION:
LTC Louis H. Jordan, Jr., will provide Council with an update on current activities at
the Western Army National Guard Aviation Training Site (WARTS) located at Pinar
Air Park.
RECOMMENDATION:
• Information only.
SUGGESTED MOTION:
None required.
ADMIN /JCE02/25/200412:49 PM
TOWN COUNCIL TOWN
MEETING OF
INFORMATION MARANA
DATE: March 2, 2004
AGENDA ITEM: IX. B. 2
TO: Mayor and Council
FROM: Roy Cuaron, Finance Director
SUBJECT: Resolution No. 2004 -20 Authorizing the Town Manager to executive any
and all documents necessary to effectuate the purchase of the transmission
tower located at 5100 W. Ina Road for sixty -seven thousand five hundred
dollars.
DISCUSSION: In June 2001, Mayor and Council authorized the purchase of the current Marana
Operations Center (MOC), formally known as the Trico building. The purchase
of the
MOC facility did not include the ninety foot transmission tower that is situated on
is site. Throughout the negotiation process, however, the tower owner, Southwest
Transmission Cooperative, Inc. ( "SWTransco "), a subsidiary of Trico, and staff
discussed the possibility of the sale /purchase of the tower.
With the purchase, however, the Town did acquire a leasehold interest in the
revenue stream from the leasing of tower space to cellular phone providers,
specifically Sprint and Cricket. The current annual income to the Town is
approximately $20,000.
Subsequent to the purchase, the Town entered into a contract for the installation
of a wireless wide -area network (WWAN). The initial design of the WWAN did
not anticipate the need for a transmission tower at the MOC. However, as
installation of the WWAN has commenced, staff and their consultants have
determined that a transmission tower at the MOC is critical to the successful
functionality of the system.
To that end, staff and SWTransco have negotiated an agreement that meets the
objectives of both entities. The Town acquires a tower that satisfies the need for
its wireless communications system and S WTransco rids itself of an "activity"
that is not central to their core business purpose.
FINANCE/RC /02/25/2004/12:44 PM
The key "deal' points are as follows:
• Purchase price = $67,500
• Interest rate on the note payable = 6%
• Monthly payment = $1,700 — to be paid from the Town's current pro -rata
share of lease income
• Term = approximately 3 %r years
• Town and SWTransco to share risks /lease income for 15 years
Staff respectfully requests Mayor and Council approval to execute any and all
documents necessary to effectuate the purchase of the transmission tower at 5100
W. Ina Road.
RECOMMENDATION: Staff recommends Council adoption of Resolution No. 2004 -20,
authorizing the purchase of the transmission tower located at 5100
W. Ina Road.
SUGGESTED MOTION: I move to approve Resolution No. 2004 -20.
FINANCE/RC /02/25/2004/12:44 PM
MARANA RESOLUTION NO. 2004-20
A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF
MARANA, ARIZONA, AUTHORIZING THE TOWN MANAGER TO EXECUTE
ANY AND ALL DOCUMENTS NECESSARY TO EFFECTUATE THE PURCHASE
OF THE TRANSMISSION TOWER LOCATED AT 5100 W. INA ROAD FOR SIXTY
SEVEN THOUSAND FIVE HUNDRED DOLLARS.
WHEREAS, the Town of Marana (Town) is in need of a transmission tower for
its wireless wide -area network (WWAN); and
WHEREAS, Southwest Transmission Cooperative, Inc. ( "SWTransco ") is selling
its transmission tower located at 5100 W. Ina Road; and
WHEREAS, the Town currently receives a pro -rata share of income from the
lease of tower space to cellular phone providers, specifically Sprint and Cricket; and
WHEREAS, the existing contracts with the cellular phone providers have
renewable terms extending beyond ten and fifteen years; and
WHEREAS, the Town and SWTransco agree to share in the revenues generated
from the lease of tower space to Sprint and Cricket for a period not to exceed fifteen
years; and
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town
of Marana, Arizona, that the Town Manager is authorized to execute any and all
documents necessary to effectuate the acquisition of the transmission tower for
sixty seven thousand five hundred dollars.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 2nd day of March, 2004.
Marana Resolution No. 2004 -20
Mayor Bobby Sutton, Jr.
ATTEST:
Jocelyn C. Bronson
Town Clerk
APPROVED AS TO FORM:
Frank Cassidy
As Town Attorney
Marana Resolution No. 2004 -20
Z
TOWN COUNCIL TOWN
MEETING OF
INFORMATION MARANA
DATE: March 2, 2004
AGENDA ITEM: IX. B. 3
TO: Mayor and Council
FROM: Brad DeSpain, Utilities Director
SUBJECT: Resolution No. 2004 -21 Agreement for Construction of Water Facilities and
Provision of Water Utility Service Known as the Studebaker Drive /Sunset Ranch
Estates Extension Project of the Continental Reserve Water System.
DISCUSSION: The Town of Marana Agreement for Construction of Water Facilities and Provision of
Water Utility Service known as the Studebaker Drive /Sunset Ranch Estates Extension
Project of the Continental Reserve Water System Agreement is between the Town and four
(4) parties for water service. The parties to this Agreement agree to construct a main water
• line extension from Sunset Ranch Estates, the Continental Reserve water system, to their
property. The construction is being performed at no cost to the Town, and ownership will
be transferred to the Town upon completion.
The Town being the water provider with a designation of assured water supply will assure
water supply. The parties to this Agreement shall be reimbursed the actual cost of
construction of the extension. Reimbursement shall be derived from fees generated from
new connections to the constructed line and shall be reimbursed at the rate of one hundred
percent (100 %) of fees collected in a calendar year. The reimbursement period shall be the
lesser of ten years or upon full payment.
The Marana Water Utility Advisory Committee has approved and recommends the
agreement to Council for approval.
RECOMMENDATION:
The Water Utility Advisory Committee and staff recommend approval of the Town of
Marana Agreement for Construction of Water Facilities and Provision of Water Utility
Service known as the Studebaker Drive /Sunset Ranch Estates Extension Project of the
Continental Reserve Water System Agreement.
. SUGGESTED MOTION:
I move to approve Resolution No. 2004 -21. --
UTIUCBD /APM 02/25/0412:23 PM Resolution No. 2004 - ??
MARANA RESOLUTION NO. 2004-21
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA,
AUTHORIZING THE TOWN TO ENTER INTO AN AGREEMENT FOR CONSTRUCTION OF
WATER FACILITIES AND PROVISIONS OF WATER UTILITY SERVICE KNOWN AS THE
STUDEBAKER DRIVE /SUNSET RANCH ESTATES EXTENSION PROJECT OF THE
CONTINENTAL RESERVE WATER SYSTEM AGREEMENT.
WHEREAS, four (4) parties to this Agreement agree to construct a main water line extension
from Sunset Ranch Estates, the Continental Reserve Water System, to their property at no cost to the
Town, and ownership will be transferred to the Town upon completion; and
WHEREAS, Marana is willing to provide water service to the properties in accordance with
Chapter 14 of the Marana Town Code and in accordance with the terms of the Agreement; and
WHEREAS, the parties to this Agreement shall be reimbursed the actual cost of construction
of the extension from fees generated from new connections to the constructed line at the rate of one
hundred percent (100 %) of fees collected in a calendar year; and
WHEREAS, the Mayor and Council find that the terms and conditions of the Agreement are
in the best interest of the town.
Marana, Arizona Resolution No. 2004 -21 Page 1 of 3
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana,
Arizona accepting and authorizing the approval of the Agreement attached hereto as Exhibit "1" and
incorporated herein by this reference for the construction of water facilities.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this
2nd day of March 2004.
ATTEST: Mayor BOBBY SUTTON, JR.
Jocelyn C. Bronson
Town Clerk
APPROVED AS TO FORM:
Frank Cassidy
Town Attorney
Marana, Arizona Resolution No. 2004 -21 Page 2 of 3
Exhibit "1"
Marana, Arizona Resolution No. 2004 -21 Page 3 of 3
TOWN OF MARANA
AGREEMENT FOR CONSTRUCTION
OF WATER FACILITIES
AND PROVISION OF WATER UTILITY SERVICE
Known as the Studebaker Drive /Sunset Ranch. Estates Extension Project of the Continental
Reserve Water System Agreement
THIS AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES, entered into as
of the _ day of 2004, by and between the TOWN OF MARANA,
ARIZONA, an Arizona municipal corporation, (hereinafter referred to as "Marana ") and
those entities and individuals whose names are affixed to Schedule 1 hereof because they
are multiple parties (hereinafter referred to as the "Developer /Applicant "), is for the
construction of Water Facilities necessary to provide water utility service to their
Properties, which is more specifically described on Exhibit "A" attached hereto and made a
part hereof, (hereinafter the "Property "), on the following terms and conditions:
RECITALS
WHEREAS, the Developer /Applicant is desirous of securing water to the area more
particularly described in Exhibit "A" attached hereto and made a part hereof, and will
construct by private contractor certain water facilities and upon completion will transfer
the ownership thereof to Marana for such purposes: and
WHEREAS, Marana is willing to supply water to Developer /Applicant in accordance
with the Municipal Code of the Town of Marana, and in accordance with the terms of this
Agreement.
COVENANTS
NOW, THEREFORE, in consideration of the mutual covenants, conditions, and
agreements set forth below, the parties agree as follows:
1. DEFINITIONS
1.1 Developer /Applicant: Those individuals and entities whose names and
signatures are affixed to Schedule 1, and their successors and assigns, all of whom shall
be jointly and severally liable and responsible for the Developer /Applicant's obligations
under this' Agreement.
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1.2 Property: That certain property as shown on Exhibit "A" attached hereto and
made a part hereof.
1.3 Water Facilities: Public water facilities which are to be constructed under
this Agreement which are located within public rights -of -way or dedicated easements, and
which upon completion by Developer /Applicant and inspection and acceptance by Marana,
are deeded to Marana for operation and maintenance, including water mains, valves,
meters, pipelines, booster pumps, wells, reservoirs and all other water facilities necessary
for service to the Property and appurtenant to the municipal water supply system of the
Town of Marana.
1.4 Water System: Water facilities, including water mains, valves, pipelines,
meters, booster pumps, wells, reservoirs and all other water facilities necessary for service
to the Property and appurtenant to the municipal water supply system of the Town of
Marana.
2. CONSTRUCTION OF WATER FACILITIES
2.1 Plans and Specification Developer /Applicant shall design and construct, at
Developer /Applicant's own expense, the Water Facilities in accordance with approved
Plans and Specifications. A copy of said approved Plans and Specifications for the Water
Facilities and Easements and Rights of Way are attached as Exhibit "B" for the Plans and
Specifications and Exhibit "B-1" for the Easements and Rights of Way. The approved
Plans and Specifications shall conform to the design standards of (i) the City of Tucson
Water Department, or (ii) the Town of Marana Water Department, and be capable of
serving the water needs of all commercial and non - commercial development, and be sized
to serve the maximum authorized development of the Property and shall designate the
point of interconnection referred to in §2.6. A copy of said approved Plans and
Specifications for the Water Facilities is attached as Exhibit "B ". For the purposes of this
paragraph, the provisions of the Marana Code §14.4 and 14.5 prior to September 1998
and any successor or amendatory provisions are incorporated herein as though set forth in
full and the Developer /Applicant, except to the extent to do so would be inconsistent with
the provisions thereof, is deemed for the purposes hereof to be the
Applicant /Customer /Developer described therein.
2.2 Plans and Specifications, Approval The Plans and Specifications for the
Water Facilities designed by a registered Engineer and stamped shall be reviewed and
approved in writing by Marana and the Arizona Department of Environmental Quality or
the Pima County Department of Environmental Quality prior to issuance of any water
facilities construction permits by Marana. No work shall commence until a Water Facilities
construction permit has been issued.
2.3 Contractor The Water Facilities shall be constructed by a contractor
properly licensed by the state of Arizona and in accordance with Plans and Specifications
prepared by a qualified registered professional engineer. The location in the ground and
manner of installation shall comply with the requirements of all public agencies having
authority to prescribe regulations with respect to the location and manner of installation.
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2.4 Permits and Licenses Developer /Applicant shall obtain all necessary permits
and licenses, pay all fees and comply with all laws, ordinances and regulations related to
the public health, safety, welfare and construction of the Water System.
2.5 M_ aterials, Workmanship, Equipment and Machinery All materials shall be
new and both the workmanship and materials shall be of good quality and shall meet the
combined specifications and standards of (a) the American Water Works Association
Standards, (b) the Arizona Department of Environmental Quality (ADEQ), (c) the Pima
County Department of Environmental Quality ( PCDEQ), (d) all local regulatory agencies and
(e) the plans and specifications incorporated herein by reference in Exhibit "B ".
Developer /Applicant shall repair, or remove and replace, at Developer /Applicant's own
expense and at Marana's convenience, workmanship or materials which do not meet the
described criteria or which prove to be defective at any time within one year from the date
of the final acceptance of Applicant's work by Marana.
2.6 Connecting New Facilities Upon completion of the Water Facilities, the
Developer /Applicant shall dedicate the Water Facilities and Water System to Marana,
without cost to Marana, and Marana shall thereafter operate the Water Facilities as an
integral part of its municipal water utility. The Water Facilities constructed pursuant to
this Agreement shall be connected to Marana's existing water facilities or by Emergency
Agreement with other water provider at the point or points directed by Marana for Service
Area requirements. After commencing water service to the Property, for the purposes of
this paragraph, the provisions of the Marana Code §14-7 and any successor or
amendatory provisions are incorporated herein as though set forth in full and the
Developer /Applicant, except to the extent to do so would be inconsistent with the
provisions thereof, is deemed for the purposes hereof to be the
Applicant /Customer /Developer described therein.
2.7 Inspection, Testing and Correction of Defects Developer /Applicant shall
comply with the inspection and testing requirements of ADEQ and PCDEQ and Marana for
the facilities to be constructed hereunder, PROVIDED HOWEVER, said requirements shall
be reasonable and shall not cause the Developer /Applicant unwarranted delays in the
ordinary course of construction. Developer /Applicant shall promptly notify Marana when
the Water Facilities under construction are ready for inspection and testing, and Marana
shall inspect the same promptly after being so notified. For the purpose of inspection and
testing of everything covered by this Agreement, or performance of the Work thereon (the
"Work "), Developer /Applicant shall give Marana and any inspectors appointed by it, free
access to the construction site and facilitate the proper inspection of such materials,
including procurement data, and the Work and shall furnish them with full information
whenever requested as to the progress of the Work in its various stages. The approval of
the Work by any such inspector shall not relieve Developer /Applicant from its obligation to
comply in all respects with the instructions and specifications to make the Work a finished
job of its kind, completed in accordance with the best practices. Developer /Applicant
agrees that no inspection by or on behalf of Marana shall relieve Developer /Applicant from
its obligation to do and complete the Work in accordance with this Agreement. If at any
time before the final completion and acceptance of the Work, any part of the Work is
found to be defective in any way, or in any way fails to conform to this Agreement,
Marana is hereby expressly authorized to reject or revoke acceptance of such defective or
deficient Work and require Developer /Applicant to repair, replace or make good on such
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defective Work. Marana specifically reserves the right to withhold approval and to forbid
connection of the Water Facilities constructed pursuant to this Agreement to Marana's
water utility system unless such Water Facilities have been constructed in accordance
with the plans and specifications approved by Marana and are satisfactory to Marana upon
inspection and testing. Developer /Applicant agrees that it will promptly correct all defects
and deficiencies in construction, materials and workmanship upon request by Marana
made subsequent to inspections by Marana.
I
2.8 Change Orders In the event that any applicable governmental agency,
Marana or the Developer /Applicant makes (or is desirous of making) any material changes
to the design of the Water Facilities which are to be constructed in accordance with the
Water Plans referred to in Exhibit "B" to this Agreement, the Developer /Applicant shall (a)
obtain Marana's prior written consent to such material changes or modifications, (b) pay
to Marana a reasonable fee for its time in reviewing such material changes or
modifications and (c) pay the additional cost of construction associated with the same, if
any.
2.9 Invoices Developer /Applicant agrees to furnish Marana, within thirty (30)
days after completion of construction, copies of all Developer /Applicant, subcontractor,
vendor and all other invoices for all engineering and other services, materials purchased,
materials installed, construction performed, equipment provided, materials purchased and
all else done directly in connection with construction pursuant to this Agreement at the
actual cost thereof.
2.10 Liens Developer /Applicant acknowledges its duty to obtain to the
satisfaction of Marana lien waivers and releases from all third parties providing labor,
materials or services hereunder. Developer /Applicant hereby irrevocably waives any rights
it may now have or which it may acquire during the course of this Agreement to record
liens against Marana or its property. Developer /Applicant shall also pay, satisfy and
discharge all mechanics', material men's and other liens, and all claims, obligations and
liabilities which may be asserted against Marana or its property by reason of, or as a result
of, any acts or omissions of Developer /Applicant, its employees, agents, servants,
suppliers, or subcontractors, or the employees, agents, servants or suppliers of its
subcontractors, in connection with or relating to the performance of this Agreement.
2.11 "As- Built" Plans Developer /Applicant agrees to furnish Marana, within
thirty (30) days after completion of construction, "as- built" drawings in both handwritten
and electronic format certified as to correctness by an engineer registered in the State of
Arizona showing the locations of all water mains, hydrants, valves, and service
connections to all structures served from facilities constructed pursuant to this
Agreement. Marana shall have the right to withhold water service to Developer /Applicant
pursuant to this Agreement until this condition is satisfied.
2.12 Risk Developer /Applicant shall carry on all activities associated with or
comprising the Work required hereunder at its own risk until the Water Facilities are fully
completed and accepted by Marana and will, in case of accident, destruction or injury to
the work or material before such final completion and of the Water Facilities, replace or
repair forthwith the Work or materials so injured, damaged or destroyed, to the
satisfaction of Marana and at Developer /Applicant's own expense.
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i
2.13 Liability Developer /Applicant hereby assumes all of the responsibility and
liability for injury or death of any person, or loss for damage to any property contributed to
or caused by the active or passive negligence of Applicant, its agents, servants or
employees in the execution of and performance of the activities and Work contemplated
herein or in connection therewith. Accordingly, Developer /Applicant will indemnify,
appear and defend and hold Marana, and its elected officials, employees, agents and
consultants ( "Marana ") harmless from and against claims, (except and to the extent that
the same is caused or contributed to by a third party) or expenses, including penalties and
assessments, to which they or any of them may be subject to by reason of such injury,
death, loss, claim, penalty, assessment or damage, and in case any suit or other
proceeding which shall be brought on account thereof, Developer /Applicant will assume
the defense of Marana at Developer /Applicant's expense and will pay all judgments
rendered therein.
2.14 Insurance Developer /Applicant agrees to procure and cause Marana to be
an "additional insured" upon and maintain all of the insurance policies described below,
including insurance covering the obligations assumed by Developer /Applicant under
subparagraphs (a), (b) and (c) hereof. Such coverages shall be in amounts adequate to
cover the risk commensurate with the work to be performed under this Agreement.
Certificates evidencing said insurance and status of Marana shall be provided to Marana.
(a) Workers' Compensation Insurance Worker's compensation and
occupational disease and disability compensation in the benefit amounts as required by the
laws and regulations of the State of Arizona;
(b) Liability Insurance Comprehensive general liability insurance,
including operations and protective liability coverages. When the work to be performed
requires blasting, Developer /Applicant's insurance shall specifically cover that risk; and
(c) Automobile Insurance Comprehensive automobile liability insurance
covering all owned and non -owned automobiles and trucks used by or on behalf of
Developer /Applicant, in connection with the work.
2.15 Easements For the purposes of this paragraph, the provisions of the Marana
Code §14-3-7 and any successor or amendatory provisions are incorporated herein as
though set forth in full and the Developer /Applicant, except to the extent to do so would
be inconsistent with the provisions thereof, is deemed for the purposes hereof to be the
Applicant /Customer /Developer described therein. Developer /Applicant shall provide to
Marana recordable easements and required surveying, over, under, and across all portions
of the main and pipeline routes as may be necessary to serve each parcel or lot within
Developer /Applicant's development with the condition of service hookups Exhibit E. If
Developer /Applicant's development involves road construction, all roads and drainage
ways will be brought to grade by Developer /Applicant prior to the commencement of the
installation of the Water Facilities. No pavement or curbs shall be installed prior to
completion of the Water Facilities.
2.16 Service Lines, Valves, Meters and Meter Service Developer /Applicant shall
install, to Marana specifications, automated meters, sensors, and the other necessary
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equipment for automated meter reading for all water services on the Property. For the
purposes of this paragraph, the provisions of the Marana Code §14-3-6 and any successor
or amendatory provisions are incorporated herein as though set forth in full and the
Developer /Applicant, except to the extent to do so would be inconsistent with the
provisions thereof, is deemed for the purposes hereof to be the
Applicant /Customer /Developer described therein of the Marana Code §14-5-113. Provided
that Developer /Applicant is in compliance with this subparagraph, Marana agrees to waive
any meter installation fees if installed by Developer /Applicant Contractor.
2.17 No Permanent Structures on Easements No permanent structures (i.e.,
masonry walls, fences, etc.) shall be constructed on or through a water easement without
the expressed written consent of Marana. For the purposes of this paragraph, the
provisions of the Marana Code §14-3-7 and any successor or amendatory provisions are
incorporated herein as though set forth in full and the Developer /Applicant, except to the
extent to do so would be inconsistent with the provisions thereof, is deemed for the
purposes hereof to be the Applicant /Customer /Developer described therein, except for
water service reserved hookups as stipulated in Exhibit E.
2.18 Title All materials installed, Water Facilities constructed and equipment
provided by Developer /Applicant in connection with construction of the Water Facilities
under this Agreement and the completed facilities as installed shall, upon Marana's written
acceptance of the same, become the sole property of Marana, and full legal and equitable
title thereto shall be then vested in Marana, free and clear of any liens, without the
requirement of any written document of transfer to Marana or further acceptance by
Marana. Developer /Applicant agrees to execute or cause to be executed promptly such
documents as legal counsel for Marana may request to evidence such conveyance of good
and merchantable title to said Water Facilities free and clear of all liens.
3. COSTS OF CONSTRUCTION OF WATER FACILITIES
3.1 Developer /Applicant shall, at Developer /Applicant's sole cost expense, install
all the Water Facilities shown on the approved plans and specifications, and shall hold
Marana free and harmless from any claim for the construction costs or any defects in such
Water Facilities. For the purposes of this paragraph, the provisions of the Marana Code
§14-4 and 14 -5 and any successor or amendatory provisions are incorporated herein as
though set forth in full and the Developer /Applicant, except to the extent to do so would
be inconsistent with the provisions thereof, is deemed for the purposes hereof to be the
Applicant /Customer /Developer described therein.
3.2 Upon request by Marana and direction Developer /Applicant shall, at
Developer /Applicant's sole cost expense, make any and all alterations to any existing
water distribution system, either on -site or off -site, necessitated by paving, drainage, or
other improvements caused by the construction of the Developer /Applicant's
development.
3.3 The Water Facilities shall be transferred to the ownership of Marana upon
their completion. The Developer /Applicants shall be reimbursed the actual costs of
construction of the Water Facilities not to exceed $47,000.00. Reimbursement to the
i Developer /Applicants shall be derived from fees generated from new connections to the
-6-
constructed line infill and shall be reimbursed at the rate of one hundred percent (100 %)
of such fees collected in a calendar year. The reimbursement period shall be the lesser of
(a) ten years or (b) upon full payment of the not to exceed amount identified above.
Reimbursement shall be made to the Developer /Applicant's representative or designee.
4. SECURITY REQUIREMENT
4.1 In accordance with Arizona Revised Statutes and the Marana Municipal
Code, this Agreement is contingent upon Developer /Applicant furnishing Marana with such
security as may be appropriate and necessary, as determined by the Marana Utility
Director, to assure Marana that Developer /Applicant will perform all the Water Facilities
and Water System construction described above, and all other obligations now existing or
accruing under this Agreement.
5. WATER SERVICE; WATER RIGHT
5.1 For the purposes of this paragraph, the provisions of the Marana Code
14 -5 and any successor or amendatory provisions are incorporated herein as though set
forth in full and the Developer /Applicant, except to the extent to do so would be
inconsistent with the provisions thereof, is deemed for the purposes hereof to be the
Applicant /Customer /Developer described therein. Marana shall be under no obligation to
provide water utility service to Developer /Applicant or the Property until each and every
condition of this Agreement has been met and satisfied. Marana agrees that upon
satisfaction of each and every condition provided in this Agreement, that it will then
provide water utility service to the Developer /Applicant's Property.
5.2 [This paragraph intentionally eliminated.]
5.3 Marana will provide the State of Arizona Designation of Assured Water
Supply status for the Property upon acceptance of the Property into Marana's service area
by the Central Arizona Groundwater Replenishment District (CAGRD).
Developer /Applicant understands and agrees as a condition precedent to receiving service
from the Water System and Water Facilities to the Property that a groundwater
replenishment fee will be added to the water bills for Marana's customers, including those
living within the Property, to fund the replenishment of groundwater.
6. TERMINATION OF AGREEMENT
6.1 In the event Developer /Applicant does not complete all of the Water
Facilities and Water System construction described in Article 2, within three (3) years
from the date of this Agreement, this Agreement shall be null and void, canceled and of
no further force and effect.
6.2 Pursuant to A.R.S. § 38 -511, Marana may cancel this contract within three
years after its execution, without penalty or further obligation if any person significantly
involved in initiating, securing, drafting or creating this Agreement on behalf of Marana is,
at any time while this Agreement or any extension of this Agreement is in effect, an
employee or agent of Developer /Applicant in any capacity or consultant with respect to
-7-
the subject matter of this Agreement. Cancellation under this section by Marana shall be
effective when written notice from Marana is received by Developer /Applicant unless the
notice specified a later time. In addition to the right to cancel as provided herein, Marana
may recoup any fee or commission paid or due to any person significantly involved in
initiating, negotiating, securing, drafting or creating this Agreement on behalf of Marana
from Developer /Applicant arising as the result of this Agreement.
7. INDEMNIFICATION
7.1 With respect to the Water Facilities and Water System constructed pursuant
to this Agreement, for a period of one year following Marana's acceptance of the facilities
to be dedicated to Marana hereunder, Developer /Applicant agrees to indemnify, appear,
defend and hold harmless Marana and its employees (as previously defined) from any and
all claims or causes of action which may be asserted against Marana for negligent design
or construction of the Water Facilities, and from claims that may be asserted against
Marana for inadequate fire protection capacity arising from the negligence of
Developer /Applicant or its employees or agents.
8. NOTICE
8.1 Communications hereunder shall be sent to the parties at the following
addresses or to such other addresses as the parties may advise in writing:
To Marana: Town Manager
Town of Marana
13251 N. Lon Adams Road
Marana, Arizona 85653 -9723
With copy to: Martinez & Curtis, P.C.
Attention: William P. Sullivan
2712 N. 7th Street
Phoenix, Arizona 85006 -1090
To Applicant: Schedule 1 Names and Addresses
Attn:
with a copy to:
9. SEVERABILITY
9.1 In the event any portion of this agreement shall be determined to be invalid,
such invalidity shall not render void any remaining portions of this agreement which can
be given effect, and they shall remain in force and effect.
10. ASSIGNMENT
10.1 This Agreement shall be binding upon and for the benefit of the heirs,
administrators, executors, successors and assigns of Marana and Developer /Applicant.
-8-
11. MISCELLANEOUS
11.1 This instrument contains the sole and only agreement of the parties relating
to this Agreement and correctly sets forth the rights, duties and obligations of each to the
other as of its date. Any prior agreements, promises, negotiations or representations not
expressly set forth in this Agreement are of no force and effect. This instrument contains
the entire agreement between the parties, and it shall not be amended, altered or
changed, except by written agreement signed by the parties.
11.2 All executed agreements shall remain on file in Marana offices and shall be
made available for public review upon request.
11.3 This Agreement is entered into under and shall be governed by the laws of
the State of Arizona.
11.4 This Agreement has been arrived at by negotiation and shall not be
construed against any party to it or against the party who prepared the last draft.
11.5 Captions and headings are for index purposes only and shall not be used on
construing this Agreement.
11.6 BEFORE THIS AGREEMENT SHALL BECOME EFFECTIVE AND BINDING
UPON EITHER MARANA OR DEVELOPER, IT MUST BE APPROVED BY THE MAYOR AND
COUNCIL OF THE TOWN OF MARANA. In the event that it is not so approved, this
Agreement shall be null and void and of no force or effect whatsoever. The remedies
provided in this Agreement in favor of Marana shall not be deemed its exclusive remedies
but shall be in addition to all other remedies available at law or in equity. No waiver by
Marana of any breach by Developer /Applicant of any provision of this Agreement nor any
failure by Marana to insist on strict performance by Developer /Applicant of any provision
of this Agreement shall in any way be construed to be a waiver of any future or
subsequent breach by Developer /Applicant or bar the right of Marana to insist on strict
performance by Developer /Applicant of the provisions of this Agreement in the future.
Developer /Applicant is an independent contractor and not an agent or employee of
Marana.
11.7 This Agreement, and all rights and obligations hereunder, including those
regarding water service to the Developer /Applicant, shall be subject to all provisions of the
Municipal Code of the Town of Marana and all applicable rates, fees, charges and tariffs
of the Marana Water Utility as approved by the Mayor and Council of the Town of Marana
now or as they may be changed and approved by the Mayor and Council of the Town of
Marana in the future.
IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year
first above written.
TOWN OF MARANA
By:
Its:
APPROVED AS TO FORM ATTEST:
By: By:
Town Attorney Town Clerk
DEVELOPER / APPLICANT
SEE SCHEDULE 9 FOR NAMES, ADDRESSES, SIGNATURES AND NOTARIZATIONS
-10-
SCHEDULE 1
EXECUTION EXHIBIT OF APPLICANTS AND SIGNATORIES TO CONTRACT
ACKNOWLEDGMENT
STATE OF ARIZONA )
ss.
COUNTY OF )
This instrument was acknowledged before me this day of ,
19 by as of as
Developer /Applicant.
Notary Public
My Commission Expires:
-11-
EXHIBIT "A"
LOCATION MAP OF THE DEVELOPMENT
WITH LEGAL DESCRIPTION
[Please slip the location map of the development
behind this cover sheet.]
Describe the connection onto the Town system with a six -inch (6 ") pipeline at Yuma Mine
Road and the extension South with a six -inch system to a defined point and thence East
with a six -inch system for a determined distance with a tee -off North for 658' to a Point,
then East 350' to a Point, then North 445' to end of pipeline.
-12-
EXHIBIT "B"
INCORPORATION BY REFERENCE OF THE
PLANS AND SPECIFICATIONS OF THE
WATER UTILITY FACILITIES TO BE CONSTRUCTED HEREUNDER
Reference is hereby made to those certain 24" X 36" engineering drawings of the Water
Facilities Plans. Copies of such engineering drawings may be reviewed at Marana's offices.
Such engineering drawings may be more specifically described as follows:
See Tucson Water's specifications on Exhibit "A"
[Please provide a detailed description of the Plans and Specifications including the date and
the code - number of the Plans and the name of the Engineering firm which prepared the
same.]
-13-
EXHIBIT "C"
ITEMIZED BREAKDOWN OF THE ESTIMATED COST OF THE
WATER UTILITY FACILITIES TO BE CONSTRUCTED HEREUNDER
[Please slip a line -by -line itemized break -down of
the Estimated Cost of the Water Utility Facilities
to be installed in accordance with this Agreement
behind this cover sheet.]
Please set forth the total expense the Developer /Applicant is to incur for the construction.
-14-
EXHIBIT "D"
ACTUAL COST OF
WATER FACILITIES
[To be Attached Forthwith Upon Issuance of Same.]
Please set forth the total expense the Developer /Applicant is to incur for the construction.
-15-
EXHIBIT "E"
PUBLIC UTILITY EASEMENT
WITH CONDITIONS
-16-
TOWN TOWN
COUNCIL OF
MEETING MARANA
INFORMATION
DATE: March 2, 2004
AGENDA ITEM: IX. B. 4
TO: Mayor and Council
FROM: Michael A. Reuwsaat, Town Manager
SUBJECT: State Legislative Issues - Discussion/Direction /Action regarding all pending
bills before the Legislature
DISCUSSION:
This item is scheduled for each regular Council Meeting in order to provide an
opportunity to discuss any legislative item that might arise during the current session of
the State Legislature. Included here are Legislative Bulletins Nos. 5 and 6.
RECOMMENDATION:
Upon the request of Council, staff will be pleased to provide recommendations on
specific legislative issues.
SUGGESTED MOTION:
None required.
ADMIN/JCE02/25/200412`.45 PM
IBM_ LEGISLATIVE BULLETIN
Issue No. 5 February 12, 2004 -'
IN THIS ISSUE Tax Incentives Preemption Bill
Tax Incentives Preemption Bill Continues to Move
Continues to Move .............1
Senator Jack Harper's Municipal Business Location Incentives Bill, SB1043,
Another Bad Farnsworth Vested
Rights Bill ...................1 passed its final Senate committee on Wednesday. By a vote of 5 to 4, Senate
Commerce allowed the bill to survive. Although many cities and private sector
So Maybe Just an Outright Ban representatives waited to testify, Chairman Barbara Leff stymied testimony and
on Annexations? .............. 2 allowed the bill sponsor, the one person signed up in favor, to speak before and
Annexation Legislation News, after the one of many who she asked to speak in opposition.
Part 11 ......................2
Legislators Decide They Know By the end of the limited testimony, Senator Jay Tbshraeny did tell the sponsor that the
Best on Traffic Engineering ...... 2 bill needed some work and that he would be offering floor amendments to make the leg-
islation practical. This bill is beyond fixing and simply needs to go away, but it appears
HAG Transportation Bill Receives
House Approval, Ready for that many legislators believe that tax incentives are only provided so that cities can com-
Senate Floor Action ............ 3 pete with one another over which side of the street the business will locate. Some believe
they are actually helping us with this preemption as we will no longer be able to "hurt"
MAG Bill Is Signed By Governor. .. 3 ourselves with unnecessary hits to our local tax bases. Thanks, but no thanks. Penalizing
House Utilities & Municipalities municipalities for providing incentives will cripple development and business retention
Committee Gives Approval to efforts. Please contact your Senators and encourage private sector foll<s, especially those
Border Cities Resolution ........ 3 who have been the recipients of these incentives, to engage their legislators as well.
Arson Expense Bill Passes
Unanimously ................. 3 VVe need to thank the four Senators who voted with us on SB1043 - Sentors
Senator Harper Wants To Control Carolyn Allen, Marsha Arzberger, Gabrielle Giffords and Vic Soltero.
Lott ery Money Too! ............ 3
Another Bad Farnsworth Vested
House Committee Leadership
Shuffle ..................... 4 Rights Bill
So Many Bills, So Little Time ..... 4 Representative Eddie Farnsworth has continued his attack on local governments land
Apache- Navajo Legislative Day use policies by introducing HB 2400: Vested Property Rights. HB 2400 would signifi-
a Success .................... 4 candy hamper cities and towns' ability to respond to local situations and concerns by
Get Your Bulletin Quicker and establishing a vested property right for any property for four years if the owner has
Save Trees ...................4 submitted a site plan that conforms to the zoning requirements at the time of sub-
mission (no city approval of the site plan is required) or for two years if a zoning
League of Arizona application by the property owner has been approved by a municipal or county body.
10 � The bill also contains a clause that retroactively grants vested property rights to any
property that would have acquired this right prior to the effective date of the bill.
Cities :�NDTowns
Like most one -size fits all approaches that destroy local governments' abilities to
Citi a To sla d To s . is Published by the League of Arizona Forward your comments or suggestions to: respond to local needs, this bill is extremely bad public land use policy. HB 2400
Citie
will significantly change the processes set up by cities and towns under protected
League of Arizona Cities and Towns development rights legislation from two years ago and the legislation potentially
1820 W. Washington Street
Phoenix, Arizona 85007 conflicts with the current state legislation.
Phone: 602-258-5786
Fax: 602- 253 -3874 Today, the Federal Mandates and Property Rights Committee gave approval to
E -mail: league@mg.state.az.us this legislation with Representatives Biggs, Burns, Farnsworth; taaghter, Mason
1111ernet: wti tiv.azleague.org
CONTINUED ON PAGE 2
Issue No. 5 February 12, 2004 page 2
and McClure voting in favor. Many thanks o out to The bill was single-assigned
} g to the Federal Mandates &
Representatives Aguirre, Cajero- Bedford and Hershberger for vot- Property Rights Committee, which means its next step will be
ing against this bill. Several municipal officials and neighborhood consideration before the full House. Please call your represen-
activists were present to testify in opposition to the legislation, tatives to tell them how this bill will make it significantly more dif-
however, with Representative Farnsworth on the committee, it is ficult to address issues related to growth and county islands.
heavily weighted against us. We were disappointed by former
Prescott councilmember Representative Lucy Mason's support of Annexation Legislation
the bill, with her statement that she is concerned that cities and News, Part 11
towns are "heavy- handed on private property rights ".
While it is hard to believe that there is even more bad annexation leg -
The Federal Mandates and Property Rights Committee was the islation and news this session, there is. However, on a positive note,
only committee to which HB 2400 was assigned. The bill will be this piece of bad annexation legislation looks like it is on hold for the
considered before the full House of Representatives next. With the session. This week, Representative Bill Wagner decided to not pursue
current Legislature's slant, cities, towns and neighborhood HB 2308: Fire Districts Annexation, but will study the issue further
activists will need to overcome a significant challenge if this legis- and perhaps bring it back next session. HB 2308 would require a city
lation is to be defeated. Please contact your representatives to or town that annexes thirty percent or more of an existing fire district
express your concerns on how this bill would hinder cities and
towns' ability to respond to changing local conditions. to annex the entire fire district. The bill was placed on the House
Public Institutions & Counties agenda this week, but was put on hold
after strong objections were raised by cities and towns. So Maybe Just an Outright In addition to the bad annexation le that has surfaced, the
Ban on Annexations? League annexation resolutions have yet to be assigned to a commit-
tee. HB 2164 and 2165, both League resolutions, would create more
• This morning the House Federal Mandates and Property' Rights flexibility for municipalities when annexing areas that do not
Committee considered and gave approval to HB 2401: Municipal meet the stringent dimension guidelines set in state law and
Annexation; Procedures. This legislation would increase the num- would ease the requirements relating to petition signatures and
ber of signatures required for annexation into a city or town from timelines. It is not a good sign that these bills have not received
50% to 80% which applies to both the requirement for signatures committee assignments; there is obviously substantial legislative
by value and by number. This legislation is completely opposite of sentiment to oppose any expansion of local annexation authority
two League resolutions, urging the Legislature to ease annexation
requirements, which would enable local governments to more Legislators Decide They Know
effectively address issues associated with growth and county
islands. This bill would do just the reverse and would make it Best on Traffic Engineering
harder to manage growth or to address county islands problems. This is one of those great legislative stories which just makes you
As with HB 2400, also passed by the Federal Mandates & Property shake your head. It would be funny except one of the bills actually
Rights Committee today, HB 2401 is sponsored by Representative Eddie passed Committee this week. It is the story of SB 1271 and HB
Farnsworth. He spoke strongly in support of this bill, going as far to call 2653. One of them requires all left hand turn signals to be set as
lagging le
a municipal planning official's comments "so ridiculous, he wouldn't ft and the other requires them all to be set as leading left.
even continent." The bill passed by a vote of 5 -4, with Representatives SB 1271 was introduced by Senator Verschoor who likes Gilbert's
Biggs, Cajero- Bedford, Farnsworth, Laughter and Mason supporting the new lagging left signals so much that he thinks all cities and towns
legislation. We would like to thank Representatives Aguirre, statewide should follow suit. This bill was before the Senate Natural
Hershberger and the Committee's Vice Chair Jennifer Burns for their Resources and Transportation Committee this week and despite the
comments in opposition to the bill. The Chairman, Marian McClure, testimony of our traffic engineers about the different uses of these
indicated she would vote "no" but with the knowledge that there were left turn signals the Committee approved the bill on a vote of 5 -2. Its
enough votes to pass it out of the committee. She indicated her vote next stop is the Senate floor where we hope there will be more
reflected that she had some concerns and hoped Representative Senators who realize this is not something that should be decid-
Farnsworth would work toward some sort of amendment on the floor. ed by the State Legislature.
- CONTINUED ON PAGE 3
Legislative Bulletin is published by The League of Arizona Cities and Towns, 1820 W Washington Street, Phoenix, AZ MV7.
Phone: (602) 258 -5786. Fax (602) 253 -3874. Email: league @mg.state.az.us. Visit us on the Internet at www.azleague.org.
Issue No. 5 February 12, 2004 ► Page 3
On the other side of the mall, Representative Ray Barnes evidently
likes leading left hand turn signals so much that he wants to man- HOUSe Utilities e 8c
date them statewide. His bill is HB 2653 which was just intro- Municipalities Committee
duced by the deadline. It has not yet been heard in Committee. Gives Approval to B O rtd e r
We talk about local control and frank]) sometimes we preach about Cities Resolution
it; this is a classic example of legislators lust not listening. A couple
of local officials here yesterday for the legislative day remarked that On Wednesday morning the House Utilities & Municipalities
these bills were a classic example of a "we know best" attitude by at Committee passed HCR 2026: Border Cities Expenditure
least some legislators. Regardless, they are not traffic engineers and Limitation; Population. This legislation, a League resolution,
should not be making traffic engineering decisions for local drivers. allows border cities to include one -half of the daily border crossers
in their population for the purpose of expenditure limits. The bill
PAG Transportation Bill passed by a vote of 6 -3 with Representatives Ray Barnes, Andy
Receives House Approval, Biggs and Randy Graf voting no.
The legislation had been delayed a week due to questions that com-
Ready for Senate Floor Action mittee members had regarding municipal expenditure limits. The
The PAG regional transportation bill passed the House of bill moves next to the House Ways & Means Committee where it
Representatives on Tuesday. The bill, HB 2507: Regional will be heard next week. Thanks to Representative Jim Carruthers
Transportation Authority; Excise Tax, passed by a vote of 40 -19. HB for all his hard work in support of this League resolution.
2507 reinstates the authority of the Pima Association of Governments, Arson Expense Bill Passes
serving as the regional transportation authority, to call a countytivide
sales tax election to help fund the region's transportation plan. Unanimously
Identical legislation, SB 1145, is moving forward on the Senate side SB 1242 which is the League resolution allowing judges to asses the
as well. On Monday, Oro Valley Mayor Paul Loomis, the immediate costs of responding to and investigating an arson fire to the arson -
past PAG Regional Council Chairman, attended the Senate Finance ist passed the Senate Judiciary Committee unanimously
hearing with Pima area community leaders to testify in support of Wednesday. Its next stop will be Rules and Caucus before heading
the legislation. SB 1145 passed the Senate Finance Committee by a to the Senate floor for debate and a final vote.
vote of 8 -1 with Senator Barbara Leff voting "no ". However, several Thanks to Senator Jay Tibshraeny for testifying on behalf of the
members of the Committee expressed concerns that this legislation bill, which he sponsored, and to Senator Tim Bee for running an
sets up a different process than the Maricopa bill. The bill moves amendment with clarifying language. A thanks also goes out to
next to consideration by the full Senate. Tucson Deputy Fire Chief, Dan Uthe, for making the trip to provide
expert testimony.
MAG Bill Is Signed B
Governor Senator Harper Wants To The Governor signed the MAG 1 /z cent transportation sales tax Control Lottery Money Too!
extension bill into law last week surrounded by many supporters SCR1014, a bill that would ask the voters in November to put all
Arizona Lottery monies in the state general fund to be used exclu-
of the plan including most of the mayors in Maricopa County:
After one of the most intense starts for a legislative session that sively for education and transportation, was scheduled to be heard
anyone can remember, the Legislature finally gave their blessing to Tuesday in the Senate Government Committee. If passed by voters in
the MAG regional transportation plan. November, the Heritage and Local Transportation Assistance funds
would no longer have a source of revenue. Tuesday also happened to
The final product, as most of you know, keeps the light rail compo- be the Sierra Club Legislative Day at the Capitol where the many
nent intact but requires a November election rather than the May gathered supporters also happen to be defenders of the Heritage
election. Now the voters can decide on the plan and progress can Fund. Needless to say, the bill was mysteriously held from considera-
begin. Thanks and congratulations to everyone involved! tion. Expect it to resurface shortly.
CONTINUED ON PAGE 4
Legislative Bulletin is published by The League of Arizona Cities and Towns, 1820 W Washington Street, Phoenix, AZ 85009.
Phone: (602) 258 -5786. Fax (602) 253 -3874. Email: league @mg.state.az.us. Visit us on the Internet at www.azleague.org.
Issue No. 5 February 12, 2004 Page 4
Since we have a League Resolution to defend and protect the Heritage Historically, the second session of a legislative term always
g } s
Fund, we will be ready to oppose SCR1014 when it happens to rear its yields more bills due to the more experienced sophomore legis
ugly head again. In the meantime, please contact members of the lators who have learned the process. But with this being an elec
Government Committee to express your concern over this bill. They tion year, many legislators are going to w ant to get out campaign.
are Senators Jay Tibshraem; Toni Hellon, Jack Harper, Slade Mead, Jim
Ken Cheuvront, Jorge Garcia,Albert Hale and Harry Mitchell. It is unknown if this large volume of bills will have an effect on the
Waring,
length of session this year, but with the budget problem still loom -
H o use Committee ing, an important election in the fall and t4ie current rift between
moderate and conservative republicans, things are very unpre-
Lea d e rs h i p Shuffle dictable down at the Capitol.
This week House Speaker Jake Flake changed the leadership of two Ap ache-Na vaj o Legislati
House committees, removing Representative Pete Hershberger as
Chairman of the Human Services Committee and Representative Tom Day a Success
O'Halleran as Chairman of the Natural Resources, Agriculture, Water
The cities and towns in Apache and Navajo Counties held their
and Native American Affairs Committee. This move was prompted
by a disagreement that Representatives Hershberger and O'Halleran legislative day on Wednesday this week at the League office.
had with the Speaker over CPS funding in the fall special session. Numerous local elected and appointed officials made the trip to
the State Capitol to meet with their legislative delegation. All three
The disagreement spilled over into the regular session when neither members of the delegation, Senator Jack Brown, Speaker Jake
Hershberger's nor O'Halleran's bills were assigned to a committee Flake and Representative Bill Konopnicki came to the luncheon to
and the committees they chaired did not get any bills assigned to meet with the local officials and to discuss le issues affect -
them. After Representatives Hershberger and O'Halleran issued a ing municipalities. The Apache - Navajo delegation is one of the
press release late last week, Speaker Flake announced that he was best, with all three legislators respecting local control and
stripping both of their committee chairmanships and removing maintaining excellent relationships with local leaders.
both from the committees they had chaired.
Don't underestimate the impact of these days. We made some
On Monday the new committee chairmanships were announced real headway with the Speaker regarding the development
with a subsequent committee shuffle caused by the move. incentive bill (5.1043) because the cities and towns in his district
Representative Mark Thompson is now Chair of the Human were able to tell him firsthand about the negative consequences of
Services Committee, with Representative John Allen being moved to the bill. There is nothing that can replace such face to face meetings.
the committee from the Government & Retirement Committee and
serving as Vice Chair. In the Natural Resources, Agriculture, Water There is still time for other cities and towns to set up a legislative day
and Native American Affairs Committee, Representative Chuck Gray at the Capitol. Legislative days are a great way to personally share
was appointed the new Chair and Representative Lucy Mason was your feelings on major legislative issues as well as to establish a clos-
moved to the committee from the Utilities & Municipalities er working relationship with your legislators. Please call Rebecca
Committee and made Vice Chair. Filling in Representative Mason's Garcia at the League if you would like to set up a legislative day.
spot on the Utilities &Municipalities Committee is Representative
Bill Wagner. Representative Randy Graf will fill John Allen's spot on Get Your Bulletin Q u � e ke r
the Government & Retirement Committee. a Save Trees
S o Many Bills, So Little Time Over the past few years, the League has reduced the number of
Bulletins sent via traditional mail by transitioning our Bulletins to
As of Monday, the bill introduction deadline, a much larger num- e -mail, which allows you to receive your Bulletin quicker, while
her of bills were dropped this session compared to last. There saving paper and reducing mailing and printing costs for us.
have been 706 House bills (the third most ever) and 401 Senate Please contact Sandy Morari at the League at (602) 258 -5786 or
bills plus 118 memorials and resolutions for a grand total of 1225; smorari@mg.state.az.us if you receive the Bulletin via traditional
last year the total was 998. There will also be a few bills intro- mail, but would like to add your e -mail address to our files to
duced when the budget process begins. receive the Bulletin electronically.
Legislative Bulletin is published by The League of Arizona Cities and Towns, 1820 W Washington Street, Phoenix, AZ 850W.
Phone: (602) 258 -5786. Fax (602) 253 -3874. Email: league @mg.state.az.us. Visit us on the Internet at www.azleague.org.
l — �
_ - ----- _- - - - - -- ----- --- - ---- -- -- - - --- _ _
� Issue No. 6 February 19, 2004
IN THIS ISSUE Legislators Hear From City and
Town Officials Across the State on
Legislators Hear From City and the Importance of Local Control
Town Officials Across the State on
the Importance of Local Mayors, City and Town Managers, Councilmembers and key staff from munici-
Control ..................... 1 palities throughout Arizona traveled to the State Capitol to meet with their
respective legislators to stress the importance of municipal services and local
Governor Addresses Local Officials control at the annual Cities and Towns Day at the Capitol.
for Cities and Towns Day at the
Capitol ..................... 1 More than 200 local elected and appointed officials and staff gathered on the
Senate Lawn to listen to legislative leadership including Senate President Ken
Good News Right at the Bennett, Speaker of the House Jake Flake, Senators Jack A. Brown and Jay
Deadline .................... 2 Tibshraeny and Representatives John A. Loredo and John B. Nelson share their
Good News on a Bad Bill ....... 2 views on the importance of local government in Arizona.
The focus of this year's event centered on a number of issues that legislators are current -
Military Facility Preservation Bills lv considering that would preempt local control on subjects ranging from tax incentives
00 Approved by House Utilities &
Municipalities Committee ....... 2 to left turn arrows at traffic lights. City and town officials urged legislators to vote no on
SB 1043, sponsored by Senator Jack Harper, which would penalize local governments for
Sex Offenders Bill Moves Along .. 3 providing tax incentives to retail businesses. Also included were two bills that would
each mandate which type of left turn arrow that cities and towns can use; one bill
Arson Bill Passes Senate COW ..... 3 requires a leading arrow (HB 2653) and the other requires a lagging arrow (SB 1271).
Local land use authority was also discussed as cities and towns lobbied against three
Border Cities Resolution Passes bills introduced by Representative Eddie Farnsworth that would significantly impact
Final House Committee ......... 3 local land use policy on eminent domain, vested property rights and annexation.
Criminal Traffic Penalties Vital city and town service vehicles and displays from municipalities around the
Resolution Takes a Wrong Turn in state lined 17th Avenue adjacent to the Capitol and offered legislators a hands -on
Senate Judiciary Committee ..... 3
opportunity to learn more about the police, fire and EMS services that protect
Cities & Towns Day Pictures ...... 4 Arizona communities 24 hours a day, seven days a week.
Governor Addresses Local
League of Arizona O fficials for Cities and Towns Day
0 at the Capitol
Citi ANDTownS This morning city and town officials were addressed by Governor Janet
Legislative Bulletin is published by the League of Arizona Napolitano at the League Office. The Governor discussed several issues in her
Cities and Towns. Forward your comments or suggestions to: Comments, focusing on the budget, forest health and military base preservation.
League of Arizona Cities and Towns Governor Napolitano stated that her FY 05 budget proposal does not contain any
1820 W. Washington Street cuts to state shared revenue. On the topic of forest health, the Governor asked for
Phoenix, Arizona 85007 support from the communities of the State that have been impacted by wildfires.
Phone: 602-258-5786
Fax: 602 -253 -3874 She explained that her Forest Health Oversight Council had developed legislation
E -mail: league@mg.state.az.us and urged local governments to support her forest health legislative package.
Internet: wwlv.azleague.org
CONTINUED ON PAGE 2
Page 2 ' Issue No. 6 February 19, 2004
Governor Napolitano recognized the importance of Arizona's mili- 2269: Truth in Taxation: Public Vote, and it is likely that this
tary bases to the state and local economies. She stated that she bill will not resurface again this session. HB 2269 would have
established a Military Facilities Task Force to develop a plan to imposed excessive election costs on local governments by
retain and support military installations in the state. The Governor's requiring an election for exceeding truth- in-taxatioQ4 TNT) rates.
Task Force recently released their final report and she asked for The bill also applies to counties and community colleges.
cities and towns to support its legislative recommendations.
HB 2269 was assigned to the House Ways & Means and Education
In responding to a question from the audience on Senator Harper's Committees. It passed the Ways & Means Committee on Tuesday
tax incentives bill, SB 1043, the Governor mentioned that she was by a vote of 6 -4. Thanks to Representatives Clark, Downing,
concerned about cities and towns' use of tax incentives to retail Jackson and Landrum - Taylor for voting against this bill. The bill
businesses that would be locating in the local area anyway. She had also been placed on the House Education Committee agenda
indicated that she would hold judgment on the bill until and if it for Wednesday, but due to strong objections from local govern -
reaches her desk but her comments reflect the sentiments of many ments, Representative Linda Gray held the bill.
elected officials at the Capitol although many of these officials also
believe that the bill goes way too far in trying to address the issue. Thank you to Representative Linda Gray for holding this bill and
to the City of Phoenix for their work in lobbying against the bill.
We are extremely grateful to Governor Napolitano for taking the
time to address local officials for Cities and Towns Day. Military Facility Preservation
Good News Right at the Bills Approved by House
Deadline Utilities & Municipalities
Late this afternoon, we learned that two bills that cities and towns Committee
are strongly opposing were held from floor debate today, a sign The House Utilities & Municipalities Committee considered
that these bills could potentially be in trouble. On the Senate side, three bills relating to military facilities preservation on
SB 1043, Senator Harper's tax incentives bill was withdrawn from Wednesday. All three of the bills were sponsored by
debate today pending further amendments. We are still trying to Representative John Nelson, the Committee's Chairman and
determine what the proposed amendments are and what their former Phoenix Councilmember. All of the bills received the
impact will be on municipalities, however, it appears that they Committee's approval.
might be lessening the impact of this bad legislation. The first bill, HB 2134: Natural Gas Storage Facilities; Restrictions,
The good news in the House today is that HB 2401, Representative would prohibit a natural gas storage facility from locating within
Farnsworth's bill to increase the required signatures for an annex- three miles of a border of a municipality, airport or military air -
ation to 80% was retained on the House debate calendar. We have port. This bill is supported by many cities and towns as there was
heard that he may not have the votes necessary to pass the House a natural gas provider looking to locate a storage facility in the
and he may be trying to amend the bill to gain support. vicinity of Luke Air Force Base, which would have caused a safety
hazard in the area. The bill passed by a vote of 4 -3 with
The fact that both of these bills were held up today is extremely Representatives Andy Biggs, Randy Graf and Clancy Jayne voting
encouraging news. Please continue to call your representatives and no. This bill moves next to the House Natural Resources,
senators on these bills and encourage them to remain opposed. Agriculture, Water and Native American Affairs Committee.
Thank you to everyone who called last week, as it appears your calls
and visits are paying off! We will keep you posted in next week's The other two bills passed the Committee unanimously with
Bulletin regarding the fate of these two bills and their amendments. strike- everything amendments. They are HB 2140: Military
Training Routes and HB 2141, a bill concerning the protection of
Good News on a Bad Bill Luke Air Force Base Auxiliary Airfield #1. HB 2140 requires the
Commissioner of the Arizona Department of Real Estate to pro -
We are pleased to report that there is now one less bad bill to be vide public disclosure of land under a military training route. HB
concerned about this session. On Wednesday; Representative 2141 provides a definition of military auxiliary facility and
Linda Gray, Chair of the House Education Committee held HB
- CONTINUED ON PAGE 3
Legislative Bulletin is published by The League of Arizona Cities and Towns, 1820 W. Washington Street, Phoenix, AZ 85007.
Phone: (602) 258 -5786. Fax (602) 253 -3874. Email: league @mg.state.az.us. Visit us on the Internet at www.azleague.org.
' Issue No. 6 February 19, 2004
Page 3
adds language to protect Luke Air Force Base Auxiliary Airfield #1 The Committee passed the bill by a vote of 8 -3, with
near Gila Bend from encroachment. Both bills need to clear two Representatives Ray Barnes, Doug Quelland and Bob Stump voting
more committees before being considered by the full House. no. Thanks to Representatives Clancy Jayne and Ted Downing for
their comments in support of the legislation during winmittee. A
Sex Offenders Bill Moves very special thanks to Representatives Jim Carruthers and
Amanda Aguirre for their efforts in support of this legislation and
Along to Councilmember Lori Tapia for making the journey to the
The Senate Judiciary Committee voted to adopt an amendment to Capitol to speak in support of the bill. HCR 2026 now moves for -
SB1307 this week that prohibits more than three registered sex ward for consideration before the full House.
offenders on probation from living in the same structure or within
a one - quarter mile radius of another sex offender. Exceptions Criminal Traff i e Penalties
were included for residential treatment facilities, homeless shelters Resolution Takes a Wrong
and juveniles living with a parent or guardian. The bill also
"grandfathers" current registered sex offenders on probation from Turn in Senate Judiciary
these prohibitions until they move again. Committee
The issue of "clustering" of sex offenders has been one of concern On Wednesday the Senate Judiciary Committee considered SB
for some time now. Bills introduced last year died due to issues 1243: Criminal Traffic Violations; Emergency Response. This bill,
with their constitutionality; this legislation passed the committee a League resolution, would enable a city, town or other emergency
8 to 1, which we hope is a sign of how the vote will be on the floor. responder to recover up to $1,000 of the expenses incurred from
the emergency response to a criminal traffic violation from the
Please thank Phoenix Mavor Phil Gordon and Councilmember person convicted of that crime.
Claude Mattox for spending time testifying in committee and let
• your Senators know you support S131307. Senator Bill Brotherton offered an amendment to the bill during
the Committee hearing today that would have made cities and
Arson Bill Passes Senate COW towns liable for the defendants' attorneys' fees if they were not
successfully convicted of the criminal traffic offense. After it was
Senate Bill 1242 passed the Senate this week during Committee of apparent that the Committee would support the amendment,
the Whole (COW) by a voice vote with no amendments being Senator Jay Tibshraeny, the bill's sponsor, asked for the bill to be
offered. This bill, which came from a League resolution, allows a held to prevent the amendment from being added on.
judge to assess and charge the convicted arsonist for the cost of the Unless we are able to convince Committee members to oppose the
investigation and emergency services required as a result of the fire. Brotherton amendment, this bill will be held indefinitely. Although it
The bfll next goes to a Third Read vote before heading to the House. is disappointing that this League resolution will not dear the
Committee, it is a far better alternative than having this bill pass with
Border Cities Resolution the Brotherton amendment. This amendment sets a terrible prece-
Passes Final House dent in awarding attorneys' fees in criminal cases. While there has
been debate regarding the merits of a "loser pays" concept for civil
Committee cases, this issue has not come up in criminal cases before. Awarding
attorney's fees would also send a chilling message to the law enforce -
On Tuesday the House Ways and Means Committee gave approval
to HCR 2026: Border Cities Expenditure Limitation; Population. ment community; especially in cases that are difficult to prosecute. It
tells them that unless they have an "open and shut" case, don't both -
hearing to testify in support of the legislation and to speak first-
Councilmember Lori Tapia from the City of Douglas attended the er pursuing it because you will be penalized if there is no conviction.
hand to the impacts that border crossers have on that City. HCR Many thanks to Senator Jay Tibshraeny for sponsoring this League
2026 allows border cities and towns to include one -half of the resolution and testifying in support of it in the Judiciary hearing.
daily border crossers in their population for the purpose of We are also grateful for his quick thinking in asking for the bill to
expenditure limits. be held, rather than pass with this terrible amendment.
Legislative Bulletin is published by The League of Arizona Cities and Towns, 1820 W. Washington Street, Phoenix, AZ 8007.
Phone: (602) 258 -5786. Fax (602) 253 -3874. Email: league @mg.state.az.us. Visit us on the Internet at www.azleague.org.