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HomeMy WebLinkAbout01/08/2008 Regular Council Agenda Packet4 ()WN 0, 9WARANA)7 411 ZOS REGULAR COUNCIL MEETING NOTICE AND AGENDA Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 January 8, 2008, at or after 7:00 p.m. Ed Honea, Mayor Herb Kai, Vice Mayor Council Members Russell Clanagan Patti Comerford Carol McGorray Roxanne Ziegler ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items appear in italics. AS A COURTESY TO OTHERS, PLEASE TUR-N OFF OR PUT fN SILENT MODE ALL PAGER-S AND CELL PHONES. Welcome to this Marana Council meeting. Regular Council meetings are usually held the first and third Tuesday of each month at 7:00 p.m. at the Marana Town Hall, although the date or time may change, or Special Meetings may be called at other times and/or places. Contact Town Hall or watch for posted agendas for other meetings. This agenda may be revised up to 24 hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda. If you are interested in speaking to the Council during Call to the Public, Public Hearings, or other agenda items, you must fill out a speaker card (located in the lobby outside the Council Chambers) and deliver it to the Town Clerk prior to the convening of the meeting. All persons attending the Council meeting, whether speaking to the Council or not, are expected to observe the Council Rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. To better serve the citizens of Marana and others attending our meetings, the Council Chambers are wheelchair and handicapped accessible. Any person who, by reason of any disability, is in need of special services as a result of their disability, such as assistive listening devices, agenda materials printed in Braille or large print, a signer for the hearing impaired, etc., will be accommodated. Such special services are available upon prior request to the Town Clerk at least 10 working days prior to the Council meeting. Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online at www.marana.com, by linking to the Town Clerk page under Agendas, Minutes and Ordinances. For questions about the Council meetings, special services or procedures, please contact the Town Clerk, at 382-1999, Monday through Friday from 8:00 a.m. to 5:00 p.m. Posted no later than January 7, 2008, 7:00 p.m., at the Marana Municipal Complex, the Marana Operations Center and at www.marana.com under Town Clerk, Agendas, Minutes and Ordinances. 4 OXVN 0., 7 1 MARANA 7 RIZL)tA REGULAR COUNCIL MEETING NOTICE AND AGENDA Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 January 8, 2008, at or after 7:00 p.m. REGULAR MEETING A. CALL TO ORDER AND ROLL CALL B. PLEDGE OF ALLEGIANCE AND INVOCATION/MOMENT OF SILENCE C. APPROVAL OF AGENDA D. CALL TO THE PUBLIC At this time any member of the public is allowed to address the Town Council on any issue not already on tonight's agenda. The speaker may have up to three minutes to speak. Any persons wishing to address the Council must complete a speaker card located outside the Council Chambers and deliver it to the Town Clerk prior to the commencement of the meeting. 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. E. PRESENTATIONS - ANNOUNCEMENTSIUPDATES - PROCLAMATIONS - F. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS G. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS H. STAFF REPORTS GENERAL ORDER OF BUSINESS 1. CONSENT AGENDA The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion will approve all items on the Consent agenda, including any resolutions or ordinances. A Council Member may remove any issue from the Consent agenda, and that issue will be discussed and voted upon separately, immediately following the Consent agenda. ,n*N ( 9VAIARANA) 7 1 'r ?" 012,? REGULAR COUNCIL MEETING NOTICE AND AGENDA Council Chambers 11555 W. Civic Cenfer Drive, Marana, Arizona 85653 January 8, 2008, at or after 7:00 p.m. 1. Resolution No. 2008-01: Relating to Public Works; approving and authorizing an intergovernmental agreement between the Regional Transportation Authority and the Town of Marana for the construction of the Camino de Mafiana-Linda Vista Boulevard to Tangerine Road, Roadway and Drainage Improvement Project (Barbara Johnson) 2. Resolution No. 2008-02: Relating to Public Works; approving and authorizing an intergovernmental agreement between the Regional Transportation Authority and the Town of Marana for construction of Silverbell Road, Cortaro Road to Ina Road (Silverbell/Ina Road intersection) Improvement Project (Barbara Johnson) 3. Resolution No. 2008-03: Relating to Community Development; granting $2,500 in Discretionary Funding to the Community Food Bank, Inc. an Arizona 501(c) (3) non-profit organization to support Marana Food Bank programs for Marana senior citizens, youth, and families (T. VanHook) 4. Resolution No. 2008-04: Relating to Community Development; approving and authorizing the extension of an intergovernmental agreement with Pima County for the management and implementation of the 2004-2005 Community Development Block Grant Program until December 31, 2008 (T. VanHook) 5. Resolution No. 2008-05: Relating to Development; approving a release of assurance for The Pines Phase I and acceptance of public improvements for maintenance (Keith Brann) 6. Resolution No. 2008-06: Relating to the Police Department; authorizing execution of a grant agreement with the Arizona Criminal Justice Commission for funding of Marana's participation on the Southern Arizona DUI Task Force (T. VanHook) 7. Resolution No. 2008-07: Relating to the Police Department; approving and authorizing the continuation of an intergovernmental agreement with the Pima County/Tucson Metropolitan Counter Narcotics Alliance; and declaring an emergency (Richard Vidaurri) 8. Minutes of the regular meetings of November 20, 2007, December 4, 2007 and December 19, 2007 special session meeting. J. COUNCIL ACTION 1. PUBLIC HEARING. Ordinance No. 2008.01: Relating to Development; approving and authorizing a rezoning to create The Shops at Tangerine and 1-10 Motorplex at Tangerine Specific Plan (Kevin Kish) "0" r,,, MAI 1. Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. 2. Executive Session pursuant to A.R.S. §38-431.03(A)(3),(4),(6) and (7) for legal advice with the Town Attorney concerning water rights and water service issues and to consult with and instruct the Town Attorney and the Town Manager concerning the lawsuit entitled Town of Marana v. Pima County, Pima County Superior Court No. C20076038, and to direct the REGULAR COUNCIL MEETING NOTICE AND AGENDA Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 January 8, 2008., at or after 7:00 p.m. 2. Ordinance No. 2008.02: Relating to Real Estate; approving an exchange of real property located at the intersection of Orange Grove and Thornydale Roads; authorizing the Mayor to execute a Real Estate Exchange Agreement and any deeds and other documents necessary to accomplish the exchange; and declaring an emergency (Cedric Hay) 3. Resolution No. 2008-08: Relating to Development; removing from all applicable Gladden Farms plats the plat note regarding side yard fence returns (Kevin Kish) 4. Resolution No. 2008-09: Relating to Development; authorizing staff to enter into a contract with for the purpose of performing a detailed floodplain study of areas of the Town affected by the proposed FEMA remapping; and declaring an emergency (Keith Brann) K. BOARDS, COMMISSIONS AND COMMITTEES 1. Resolution No. 2008-10: Relating to Boards, Commissions and Committees; approving and authorizing the appointments of John Officer and Mike Lee as alternate citizen members of the Personnel Action Review Board (Jocelyn Bronson) 2. Resolution No. 2008-11: Relating to Boards, Commissions and Committees; approving and authorizing the establishment of a Police Citizen Advisory Commission (Jocelyn Bronson) L. ITEMS FOR DISCUSSION/POSSIBLE ACTION 1. Discussion and direction regarding proposed amendments to Title 12 (Traffic) of the Marana town code, regulating construction in town rights- of-way, establishing a permit process, providing penalties for violation and repeating the current uncodified ordinance regulating construction in town rights-of-way (Jane Fairall/Keith Brann) M. EXECUTIVE SESSIONS Q op ARAN A %Zospl REGULAR COUNCIL MEETING NOTICE AND AGENDA Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 January 8, 2008, at or after 7:00 p.m. Town Manager and Town Attorney with respect to that litigation and other water rights and water service issues (Frank Cassidy) 3. Executive Session pursuant to A.R.S. §38-431.03(A)(3),(4),(6) and (7) for legal advice with the Town Attorney concerning annexation of the Marana Wastewater Treatment Facility and to consult with and instruct the Town Attorney and the Town Manager concerning the lawsuit entitled Pima County v. Town of Marana, Pima County Superior Court No. C20077448, and to direct the Town Manager and Town Attorney with respect to that litigation (Frank Cassidy) 4. Executive Session pursuant to A.R.S. §38-431.03 (A)(4) and (7) to consider the Town's position and instruct its representatives regarding negotiations for the purchase of property rights needed for the Twin Peaks interchange project, CIP number 2001-44, from the parcels of property generally identified as Pima County Assessor's parcel numbers, 226-08-0140, and 226-15-0130, and to instruct the Town's attorneys in settlement negotiations and contemplated condenmation proceedings relating to the same property rights. N. FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion of what items to place on the agenda, if three or more council members request an item to be placed on the agenda, it must be placed upon the agenda for the second regular town council meeting after the date of the request (Marana Town Code, Title 2, Chapter 2-4, Section 2-4-2 B) 0. ADJOURNMENT TOWN COUNCIL MEETING TOWN OF MARANA INFORMATION MEETING DATE: January 8, 2008 AGENDAITEM: 1.1 TO: MAYOR AND COUNCIL FROM: Barbara F. Johnson, Director of Public Works SUBJECT: Resolution No. 2008-01: Relating to Public Works; approving and authorizing an intergovernmental agreement between the Regional Transportation Authority and the Town of Marana for the construction of the Camino de Mafiana - Linda Vista Boulevard to Tangerine Road, Roadway and Drainage Improvement Project. DISCUSSION The Town of Marana and the Regional Transportation Authority (RTA) are authorized by state statute to work together on capital improvement projects. The Town is committed to the construction and maintenance of the Camino de Mandna - Linda-Vista boulevard to Tangerine Road, Roadway and Drainage Improvement Project (the Project), and the RTA has expressed its desire to cooperate in the project as well. The Project consists of a 2-lane arterial with a 3 foot paved shoulder on one side and a 5 foot paved shoulder on the other side, connecting with the Twin Peaks/1- 10 Interchange Improvement Project at Linda-Vista Boulevard on the southern end and Tangerine Road at the Dove Mountain Boulevard intersection on the northern end. The attached intergovernmental agreement establishes the RTA's commitment to a financial contribution in the amount of $6,186,000 to be used toward the cost of the Project. Upon its completion, title to the Project improvements constructed as a result of the agreement shall vest in the Town and the Town shall be responsible for the continued operation and maintenance of the improvements. ATTACHMENTS Intergovernmental agreement with the Regional Transportation Authority. RECOMMENDATION Staff recommends adoption of Resolution No. 2008-01, approving and authorizing the execution of the intergovernmental agreement between the Regional Transportation Authority and the Town of Marana to provide for funding of the Camino de Mahana- Linda Vista Boulevard to Tangerine Road, Roadway and Drainage Improvement Project. SUGGESTED MOTION I move to approve Resolution 2008-01. RTA IGA-Camino de MananalLinda Vista 1210712007 MARANA RESOLUTION NO. 2008-01 RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE REGIONAL TRANSPORTATION AUTHORITY AND THE TOWN OF MARANA FOR THE CONSTRUCTION OF THE CAMINO DE MANANA - LINDA-VISTA BOULEVARD TO TANGERINE ROAD, ROADWAY AND DRAINAGE IMPROVEMENT PROJECT. WHEREAS, A.R.S.§ 48-5301, et seq., authorizes the Regional Transportation Authority (RTA) to act as a regional taxing authority for the purpose of funding multi-model transportation operations and improvements identified in the Regional Transportation Plan approved on May 16,2006;and WHEREAS, the RTA is authorized by A.R.S.§48-5304 (16) and 48-5308 to administer and distribute the regional transportation funds to the members of the RTA and to sell bonds in furtherance of that purpose to fund those projects or programs identified in the Plan; and WHEREAS, the Town of Marana and the RTA wish to cooperate in the construction, and the RTA has committed to a financial contribution in the amount of $6,186,000, of improvements to the Camino de Mandna/Dove Mountain Extension consisting of a 2-lane arterial with a 3 foot paved shoulder on one side and a 5 foot paved shoulder on the other side, connecting with the Twin Peaks/I- 10 Interchange Improvement Project at Linda-Vista Boulevard on the southern end and Tangerine Road at the Dove Mountain Boulevard intersection on the northern end; and WHEREAS, the Mayor and Council of the Town of Marana feel it is in the best interest of both Pima County and the Town of Marana to enter into this intergovernmental agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the intergovernmental agreement between the Town of Marana and Pima County Regional Transportation Authority attached to this resolution as Exhibit A is hereby approved, and the Mayor is authorized to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, conditions and objectives of the intergovernmental agreement. RTA IGA Camino de MananalLinda Vista PASSED and ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 8th day of January, 2008. ATTEST: Ed Honea, Mayor Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Cedric Hay, Senior Assistant Town Attorney RTA IGA Camino de MananalLinda Vista INTERGOVERNMENTAL TRANSPORTATION FUNDING AGREEMENT BETWEEN THE REGIONAL TRANSPORTATION AUTHORITY OF PIMA COUNTY AND THE TOWN OF MARANA FOR DESIGN AND CONSTRUCTION OF IMPROVEMENTS TO CAMINO DE MANANA LINDA VISTA BLVD TO TANGERINE ROAD, ROADWAY AND DRAINAGE IMPROVEMENTS This Agreement (hereinafter "the Agreement") is entered into by and between the Regional Transportation Authority of Pima County ("RTA" or "the Authority"), a special taxing district formed pursuant to Title 48 Chapter 30 of the Arizona Revised Statutes (A.R.S.), and Town of Marana, a body politic and corporate of the State of Arizona ("the Lead Agency") pursuant to A.R. S. 11-952. RECITALS A. A.R.S. § 48-5301, et seq., authorizes the Authority to act as a regional taxing authority for the purpose of funding multi-model transportation operations and improvements identified in the Regional Transportation Plan ("the Plan") approved by the voters at the special election held in Pima County, Arizona, on May 16, 2006. B. The governing board of the Authority is composed of representatives of each member of the regional council of governments in accordance with A.R.S. § 48-5303. C. Pursuant to A.R.S. § 48-5304 (12), the governing board of the Authority has sole authority to implement the elements of the Plan. D. Pursuant to A.R.S. § 48-5304 (13), the governing board of the Authority shall coordinate the implementation of the Plan among the local jurisdictions. E. A Regional Transportation Fund was established by the Arizona Legislature per A.R.S. § 48- 5307 to be the repository for those funds collected for the purpose of funding the transportation projects identified in the Plan. F. The Authority is authorized by A.R.S. § 48-5304 (16) and 48-5308 to administer and distribute the regional transportation funds to the members of the Authority and to sell bonds in furtherance of that purpose to fund those projects or programs identified in the Plan. G. The Lead Agency is authorized by A.R. S. § 11-251 (4) to layout, maintain, control and manage public roads within the Lead Agency's jurisdictional boundaries IGA RTA Page 1 of 12 Camino de Mandna 10/08/07 H. The Lead Agency may have a legal contract with one or more jurisdictions within Pima County empowering the Lead Agency to perform roadway and other improvements outside the Lead Agency's jurisdictional boundaries. 1. The Lead Agency and the Authority wish to cooperate in the design and construction of improvements to the Camino de Manana Linda Vista Blvd to Tangerine Road, Roadway and Drainage Improvements ("the Project"). J. The Project is one of the transportation projects included in the Plan or is eligible for funding as part of a categorical program included in the Plan. K. The Authority intends to fund the Project under the terms and conditions contained in this Agreement and has entered into this Agreement for that purpose. L. It is the policy of the Authority to require that a lead agency be identified and an intergovernmental agreement (IGA) be approved and entered into by the Authority and the lead agency before requests for funding reimbursement or payment can be processed by the Authority. M. Town of Marana has been identified as the Lead Agency for the Project and will be responsible for all aspects of project implementation including, but not limited to, planning, project management, risk management, design, right of way acquisition and construction, advertisement, award, execution and administration of the design and construction contracts for the Project. N. The RTA's Administrative Code will control all payments and other procedures unless otherwise specified herein. 0. The Authority and the Lead Agency may contract for services and enter into agreements with one another for joint and cooperative action pursuant to A.R. S. § 11 -95 1, et seq. NOW, THEREFORE, the Town of Marana and Authority, pursuant to the above and in consideration of the matters and things set forth herein, do mutually agree as follows: AGREEMENT 1. Purpose. The purpose of this Agreement is to set forth the responsibilities of the parties for the design, construction, maintenance and operation of the Project and to address the legal and administrative matters among the parties. 2. Project. The Project consists of approximately three miles of a new roadway alignment and drainage improvements, as more fully depicted in the attached Exhibit A, including the following: a) Detailed project scope and schedule. b) Project budget and cost breakdown of items eligible for reimbursement by the Authority including any proposed billing of staff time directly attributable to Project. c) Total amount of RTA funding allowed for the Project plus a breakdown of any other regional, local, federal or state funding available. d) Designation of Project phases, if applicable, and any additional related agreements. e) Estimated construction start date and duration of construction. f) Projected cost reimbursement timeline. IGA RTA Page 2 of 12 Camino de Mandna 10/08/07 g) Identification of the Lead Agency's duly authorized representative for signing and submitting payment requests. 3. Effective Date; Term. This Agreement shall become effective upon filing a fully executed original with the office of the Pima County Recorder and shall continue in effect until all improvements constructed pursuant to this Agreement are completed, all eligible reimbursement payments to the Lead Agency are concluded, and all warranties applicable to the Project have expired. 4. Responsibilities of the Lead Agency. a. The Lead Agency shall be responsible for the design, construction and/or installation of the Project in accordance with this Agreement and all applicable public roadway, traffic signal, and street lighting design and construction standards. Design Standards are federal, state, county or municipal standards for engineering, traffic, safety or public works facilities design. Examples of Design Standards include the American Association of State Highway and Transportation Officials and Federal Highway Administration standards for highway engineering and construction, the Pima County/City of Tucson Standard Specifications for Public Improvements, the Pima County Roadway Design Manual, October 2002 revision, the Pima County Department of Transportation /City of Tucson Department of Transportation Pavement Marking Design Manual, and Pima County and municipal design guidelines for roadway lane widths and level of drainage protection. b. If consultants or contractors are employed to perform any portion of the Project, the Lead Agency shall be responsible for the contracts for design and construction of the Project and shall select the consultants and contractors to be used on the Project. The Lead Agency shall immediately provide to the Authority copies of any and all contract documents and related materials upon request by the Authority. The Lead Agency shall retain the usual rights of the owner of a public contract including the authority to approve changes and make payments. However, any changes to the Project which would result in the final project cost deviating, by ten or more percent, from the Authority's budget amount for the Project, must be approved by the Authority in advance of those changes being made, regardless of the fact that the Authority will not be paying for them. c. The Lead Agency shall be responsible for all traffic management, including public notification, during construction of the Project. d. The Lead Agency shall operate and maintain the improvements during and after completion of construction. e. The final cost of the Project shall be that amount necessary to complete the Project including any unanticipated work incorporated into the Project by change orders and amendments executed by the Lead Agency. The Lead Agency shall be responsible for all Project costs in excess of the RTA funds contributed to the Project. f The Lead Agency shall exercise its power of eminent domain, if necessary, to acquire property needed for the Project. IGA RTA Page 3 of 12 Carnino de Man5na 10/08/07 g. The Lead Agency will be responsible for assuming all risks associated with the Project except those that are assigned to another agency or jurisdiction that has agreed to that assumption. h. The Lead Agency shall require its contractors performing any portion of the Project to name the Authority as additional insured and additional indemnitee in all of the Lead Agency's contracts for the Project. The Lead Agency shall also require its contractors to name the Authority as an additional beneficiary in any performance and payment related assurances posted for the Project. The Lead Agency shall be responsible for preparing and submitting to the Authority, within the first week of each month or as otherwise specified herein, invoices for payment signed by a duly authorized representative of the Lead Agency and which include sufficient background information documenting payments made to contractors, vendors or any other eligible costs identified in this Agreement or the RTA's Administrative Code. The Lead Agency must retain and certify all vendor receipts, invoices and any related Project records as needed and ensure that they are available for review for a minimum of five (5) years after final payment is made unless otherwise specified herein. The Lead Agency shall be responsible for submitting a status report describing its progress and adherence to the Project scope, schedule and budget with each request for payment. 5. Responsibilities of Authority. a. Upon receipt of authorized payment requests, the Authority shall convey to the Lead Agency RTA funds in the amount specified in Exhibit A on a reimbursement basis unless otherwise specified herein. All payments and reimbursements shall follow the policies outlined in the RTA's Administrative Code. b. Reimbursements will generally be based on the Project schedules established by the Lead Agency and contained in Exhibit A. c. The RTA staff will review all payment requests to confirm that the request is for reimbursement of costs incurred by the Lead Agency for the Project. If the Authority determines that additional information is needed, the Lead agency will be notified of the request for additional information within five days of the receipt of the invoice by RTA. d. Upon approval of the request by RTA, the invoice will be processed for Payment within ten working days of the invoice submittal. e. RTA shall provide all necessary cooperation and assistance to its fiscal agent to process all payment requests from the Lead Agency. 6. Termination. Either party may terminate this Agreement for material breach of the Agreement by the other party. Prior to any termination under this paragraph, the party allegedly in default shall be given written notice by the other party of the nature of the alleged default. The party said to be in default shall have forty-five days to cure the default. If the default is not cured within that time, the IGA RTA Page 4 of 12 Camino de Manana 10/08/07 other party may terminate this Agreement. Any such termination shall not relieve either party from liabilities or costs already incurred under this Agreement. 7. Non-assignment. Neither party to this Agreement shall assign its rights under this Agreement to any other party without written permission from the other party to this Agreement. 8. Construction of Agreement. a. Entire agreement. This instrument constitutes the entire agreement between the parties pertaining to the subject matter hereof, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. Any exhibits to this Agreement are incorporated herein by this reference. b. Amendment. This Agreement may be modified, amended, altered or changed only by written agreement signed by both parties. c. Construction and interpretation. All provisions of this Agreement shall be construed to be consistent with the intention of the parties as expressed in the Recitals hereof. d. Captions and headings. The headings used in this Agreement are for convenience only and are not intended to affect the meaning of any provision of this Agreement. e. Severability. In the event that any provision of this Agreement or the application thereof is declared invalid or void by statute or judicial decision, such action shall have no effect on other provisions and their application, which can be given effect without the invalid or void provision or application, and to this extent the provisions of the Agreement are severable. In the event that any provision of this Agreement is declared invalid or void, the parties agree to meet promptly upon request of the other party in an attempt to reach an agreement on a substitute provision. f. This Agreement is subject to the provisions of A.R.S. § 38-511. 9. Ownership of Improvements. Ownership and title to all materials, equipment and appurtenances installed pursuant to this Agreement shall automatically vest in the Lead Agency upon completion of the Project. 10. Legal Jurisdiction. Nothing in this Agreement shall be construed as either limiting or extending the legal jurisdiction of the Lead Agency or the Authority. 11. No Joint Venture. It is not intended by this Agreement to, and nothing contained in this Agreement shall be construed to, create any partnership, joint venture or employment relationship between the parties or create any employer-employee relationship between the Lead Agency and any Authority employees, or between Authority and any Lead Agency employees. Neither party shall be liable for any debts, accounts, obligations nor other liabilities whatsoever of the other, including (without limitation) the other party's obligation-to withhold Social Security and income taxes for itself or any of its employees. 12. No Third Party Beneficiaries. Nothing in the I provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the IGA RTA Page 5 of 12 Camino de ManAum 10/08/07 legal liability of either party to the Agreement by imposing any standard of care different from the standard of care imposed by law. 13. Compliance with Laws. The parties shall comply with all applicable federal, state and local laws, rules, regulations, standards and executive orders, without limitation to those designated within this Agreement. a. Anti-Discrimination. The provisions of A.R. S. § 41-1463 and Executive Order Number 99-4 issued by the Governor of the State of Arizona are incorporated by this reference as a part of this Agreement. b. Americans with Disabilities Act. This Agreement is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 10 1 -3 3 6, 42 U. S. C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. c. Workers' Compensation. An employee of either party shall be deemed to be an "employee" of both public agencies, while performing pursuant to this Agreement, for purposes of A.R.S. § 23-1022 and the Arizona Workers' Compensation laws. The primary employer shall be solely liable for any workers' compensation benefits, which may accrue. Each party shall post a notice pursuant to the provisions of A.R.S. § 23-906 in substantially the following form: All employees are hereby further notified that they may be required to work under the jurisdiction or control or within the jurisdictional boundaries of another public agency pursuant to an intergovernmental agreement or contract, and under such circumstances they are deemed by the laws of Arizona to be employees of both public agencies for the purposes of workers' compensation. 14. Waiver. Waiver by either party of any breach of any term, covenant or condition herein contained shall not be deemed a waiver of any other term, covenant or condition, or any subsequent breach of the same or any other term, covenant, or condition herein contained. 15. Force Majeure. A party shall not be in default under this Agreement if it does not fulfill any of its obligations under this Agreement because it is prevented ' or delayed in doing so by reason of uncontrollable forces. The term "uncontrollable forces" shall mean, for the purpose of this Agreement, any cause beyond the control of the party affected, including but not limited to failure of facilities, breakage or accident to machinery or transmission facilities, weather conditions, flood, earthquake, lightning, fire, epidemic, war, riot, civil disturbance, sabotage, strike, lockout, labor dispute, boycott, material or energy shortage, casualty loss, acts of God, or action or non-action by governmental bodies in approving or failing to act upon applications for approvals or permits which are not due to the negligence or willful action of the parties, order of any government officer or court (excluding orders promulgated by the parties themselves), and declared local, state or national emergency, which, by exercise of due diligence and foresight, such party could not reasonably have been expected to avoid. Either party rendered unable to fulfill any obligations by reason of uncontrollable forces shall exercise due diligence to remove such inability with all reasonable dispatch. IGA RTA Page 6 of 12 Camino de ManAna 10/08/07 16. Notification. All notices or demands upon any party to this Agreement shall be in writing, unless other forms are designated elsewhere, and shall be delivered in person or sent by mail addressed as follows: The Authority: Gary G. Hayes, Executive Director Regional Transportation Authority 177 N. Church, Suite 405 Tucson, AZ 85701 The Town of Marana: Barbara F. Johnson Director of Public Works 11555 West Civic Center Dr. Marana, Arizona 85653 17. Remedies. Either party may pursue any remedies provided by law for the breach of this Agreement. No right or remedy is intended to be exclusive of any other right or remedy and each shall be cumulative and in addition to any other right or remedy existing at law or in equity or by virtue of this Agreement. 18. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterpart may be removed from such counterpart and attached to a single instrument. In Witness Whereof, Town of Marana has caused this Agreement to be executed by the Mayor of the Town of Marana, upon resolution of the Mayor and Council of the Town of Marana attested to by the Clerk of the Town of Marana, and the Authority has caused this Agreement to be executed by its Chair of the Board. REGIONAL TRANSPORTATION AUTHORITY OF PIMA COUNTY Robert E. Walkup, Board Chair Date TOWN OF MARANA: Ed Honea, Mayor Date ATTEST: Jocelyn C. Bronson, Town Clerk Date The foregoing Agreement between Town of Marana and the Authority has been approved as to content and is hereby recommended by the undersigned. Mr. Gary Hayes, Executive Director IGA RTA Camino de Mandna 10/08/07 Barbara F. Johnson, Director of Public Works Page 7 of 12 ATTORNEY CERTIFICATION The foregoing Agreement by and between the Regional Transportation Authority of Pima County and Town of Marana has been reviewed pursuant to A.R. S. Section 11 -952 by the undersigned who have determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to those parties to the Agreement. Regional Transportation Authority of Pima County: Thomas Benavidez, Attorney for the Authority Date Town.of Marana: Frank Cassidy, Town Attorney Date IGA RTA Page 8 of 12 Camino de ManAna 10/08/07 Regional Transportation Authority of Pima County Exhibit A I RTA Ballot/Project Number: 2 RTA Plan Element: 3 RTA Plan Sub-Element (if applicable) 4 TIP Project Number: 5 Project Name: 6 Work Phase Covered by this Exhibit: (check all that apply) 7 8 Mailing Address: 11555 W. Civic Center Drive, Marana, AZ 85653 Telephone Number: 520 382-2600 1-2 Roadway Improvement _NA 561 Camino de ManAna/Dove Mountain Extension. Planning Design X Right of Way X Construction X Project Management Environmental/Other Project Manager Information (person responsible for status reports): Name: Heather Roberts Mailing Address: 11555 W. Civic Center Drive, Marana AZ 85653 Telephone Number: 520 382-2600 Fax. Number: 520 382-2640 Cellular Number: NA Email Address: biohnson(&-marana.com Name: Ryan Benavides Mailing Address: 11555 W. Civic Center Drive, MaranW? 85653 Telephone Number: 520 382-2600 Fax. Number: 520 382-2640 Cellular Number: NA Email Address: rbenavides(&-marana.com Fax. Number: 520 382-2640 Cellular Number: NA Email Address: hrobertsCa)-marana.com Authorized Representative(s) (for signing & submitting pay requests): Name: Barbara F. Johnson IGA RTA Page 9 of 12 Camino de ManAna 10/08/07 Regional Transportation Authority of Pima County Exhibit A Name: Debbie Pickard Mailing Address: 11555 W. Civic Center D_ rive, Marana AZ 85653 Telephone Number: 520 382-2600 Fax. Number: 520 382-2640 Cellular Number: NA Email Address: dpickard(a)-marana.com 9 Map of Project Limits Attached? Attached 10 Narrative Description of Project Scope, including improvements to be made and project intent (discuss how Project will address problematic areas): 11 Total maximum amount of Authority funding allowed for the Project or Project Component under this Exhibit: 12 13 Project Budget (current year dollars): Planning Design Right of Way Construction Project Management Environmental/Other Construct a-new Camino de Man5na 2-lane arterial from Tangerine Road to Linda-Vista Boulevard, with 2 travel lanes and a 3 foot paved shoulder on one side and a 5 foot paved shoulder on the other side. This project will connect with Project 3. Twin Peaks, Silverbell Road To 1-10, with Interchange, to form a Twin Peaks/Camino de Man5na corridor, with a link to Tangerine Road. $6,186,000 Out-sourced In-House Total $483,583 $1,250,485 $5,530,800 $18,533,414 $1,611,601 $20,000 Total Project Budget (all funding sources): $27,429,883 Project Budget by Funding Source I RTA Planning Design Right of Way Construction Project Management Environmental/Other $0 $124,122 $917,614 $5,144,264 $0 $0 $6,186,000 $0 _$0 $0 $0 _$0 $0 $483,583 $1,250,485 $5,530,800 $18,533,414 $1,611,601 $20,000 $0 $27,429,883 I Non- I i-0-t a-, __1 $483,583 $1,126,363 $4,613,186 $13,389,150 $1,611,601 $20,000 $21,243,883 $483,583 $1,250,485 $5,530,800 $18,533,414 $1,611,601 $20,000 $27,429,883 IGA RTA Camino de Manina Page 10 of 12 10/08/07 Regional Transportation Authority of Pima County Exhibit A 14 Funding Sources (current year dollars): RTA STP 12.6 Funds 2.4 Funds Impact Fees Bond Funds General Fund Fare Box Revenue FTA Funds PCDIF Local 15 Identify other project components not covered by this agreement (if any): NA 16 Estimated construction start date and duration of construction: September 2008, 12 - 14 months 17 Expected Reimbursement Schedule: Calendar Year Calendar Year 2008 2009 January $124,122 $285,792 February $458,807 $285,792 March $458,807 $285,792 April $285,792 May $285,792 June $285,792 July $285,792 August $285,792 September $285,792 October $285,792 November $285,792 December $285,792 Total $1,041,736 $3,429,504 $6,186,000 $2,214,000 $3,500,000 L $13,529,883 $27,429,883 Calendar Year $285,792 $285,792 $285,792 $285,792 $285,792 $285,800 $1,714,760 IGA RTA Page 11 of 12 Camino de Man?am 10/08/07 IGA RTA Page 12 of 12 Camino de Man5na 10/08/07 TOWN COUNCIL MEETING TOWN OF MARANA INFORMATION MEETING DATE: January 8, 2008 AGENDAITEM: 1.2 TO: MAYOR AND COUNCIL FROM: Barbara F. Johnson, Director of Public Works SUBJECT: Resolution No. 2008-02: Relating to Public Works; approving and authorizing an intergovernmental agreement between the Regional Transportation Authority and the Town of Marana for construction of Silverbell Road, Cortaro Road to Ina Road (SflverbeflVlna Road intersection) Improvement Project. DISCUSSION The Town of Marana and the Regional Transportation Authority (RTA) are authorized by state statute to work together on capital improvement projects. The Town is committed to the construction and maintenance of the Silverbell Road, Cortaro Road to Ina Road (Silverbell/Ina Road Intersection) Improvement Project (the Project), and the RTA has expressed its desire to cooperate in the project as well. The Project consists of the construction of a realigned intersection, widened from 2 through lanes to 4 through lanes, with turn lanes and multi-use lanes. The attached intergovernmental agreement establishes the RTA's commitment to a financial contribution in the amount of $ 1,000,000 to be used toward the cost of the Project. Upon its completion, title to the Project improvements constructed as a result of the agreement shall vest in the Town and the Town shall be responsible for the continued operation and maintenance of the improvements. ATTACHMENTS Intergovernmental agreement with the Regional Transportation Authority. RECOMMENDATION Staff recommends adoption of Resolution No. 2008-02, approving and authorizing the execution of the intergovernmental agreement with the Regional Transportation Authority to provide for funding of the Silverbell Road, Cortaro Road to Ina Road (Silverbell/Ina Road Intersection) Improvement Project. SUGGESTED MOTION I move to approve Resolution No. 2008-02. RTA IGA-SilverbellAnalpok MARANA RESOLUTION NO. 2008-02 RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE REGIONAL TRANSPORTATION AUTHORITY AND THE TOWN OF MARANA FOR THE CONSTRUCTION OF SILVERBELL ROAD, CORTARO ROAD TO INA ROAD (SILVERBELL/INA ROAD INTERSECTION) IMPROVEMENT PROJECT. WHEREAS, A.R.S.§ 48-5301, et seq., authorizes the Regional Transportation Authority (RTA) to act as a regional taxing authority for the purpose of funding multi-model transportation operations and improvements identified in the Regional Transportation Plan approved on May 16,2006;and WHEREAS, the RTA is authorized by A.R.S.§48-5304 (16) and 48-5308 to administer and distribute the regional transportation funds to the members of the RTA and to sell bonds in furtherance of that purpose to fund those projects or programs identified in the Plan; and WHEREAS, the Town of Marana and the RTA wish to cooperate in the construction, and the RTA has committed to a financial contribution in the amount of $ 1,000,000, of improvements to the Silverbell Road/Ina Road intersection, consisting of the realignment of the intersection, widening from 2 through lanes to 4 through lanes, with turn lanes and multi-use lanes;and WHEREAS, the Mayor and Council of the Town of Marana feel it is in the best interest of both Pima County and the Town of Marana to enter into this intergovernmental agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the intergovernmental agreement between the Town of Marana and Pima County Regional Transportation Authority attached to this resolution as Exhibit A is hereby approved, and the Mayor is authorized to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, conditions and objectives of the intergovernmental agreement. RTA IGA Silverbell/hia/pok PASSED and ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 8th day of January, 2008. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Cedric Hay, Senior Assistant Town Attorney Ed Honea, Mayor RTA IGA Silverbell/hia/pok INTERGOVERNMENTALTRANSPORTATION FUNDING AGREEMENT BETWEEN THE REGIONAL TRANSPORTATION AUTHORITY OF PIMA COUNTY AND THE TOWN OF MARANA FOR DESIGN AND CONSTRUCTION OF IMPROVEMENTS TO SILVERBELL ROAD, CORTARO ROAD TO INA ROAD (Silverbell/Ina Road Intersection) This Agreement (hereinafter "the Agreement") is entered into by and between the Regional Transportation Authority of Pima County ("RTA" or "the Authority"), a special taxing district formed pursuant to Title 48 Chapter 30 of the Arizona Revised Statutes (A.R.S.), and the Town of Marana, a body politic and corporate of the State of Arizona ("the Lead Agency") pursuant to A.R.S. § 11-952. RECITALS A. A.R.S. § 48-5301, et seq., authorizes the Authority to act as a regional taxing authority for the purpose of funding multi-model transportation operations and improvements identified in the Regional Transportation Plan ("the Plan") approved by the voters at the special election held in Pima County, Arizona, on May 16, 2006. B. The governing board of the Authority is composed of representatives of each member of the regional council of governments in accordance with A.R.S. § 48-5303. C. Pursuant to A.R.S. § 48-5304 (12), the governing board of the Authority has sole authority to implement the elements of the Plan. D. Pursuant to A.R.S. § 48-5304 (13), the governing board of the Authority shall coordinate the implementation of the Plan among the local jurisdictions. E. A Regional Transportation Fund was established by the Arizona Legislature per A.R.S. § 48-5307 to be the repository for those funds collected for the purpose of funding the transportation projects identified in the Plan. F. The Authority is authorized by A.-R.S. § 48-5304 (16) and 48-5308 to administer and distribute the regional transportation funds to the members of the Authority and to sell bonds in furtherance of that purpose to fund those projects or programs identified in the Plan. IGA RTA Page 1 of 12 Silverbell/hia 10/08/07 G. The Lead Agency is authorized by A.R. S. § 11-251 (4) to layout, maintain, control and manage public roads within the Lead Agency's jurisdictional boundaries. H. The Lead Agency may have a legal contract with one or more jurisdictions within Pima County empowering the Lead Agency to perform roadway and other improvements outside the Lead Agency's jurisdictional boundaries. 1. The Lead Agency and the Authority wish to cooperate in the design and construction of improvements to the Silverbell Road, Cortaro Road to Ina Road ("the Project"). J. The Project is one of the transportation projects included in the Plan or is eligible for funding as part of a categorical program included in the Plan. K. The Authority intends to fund the Project under the terms and conditions contained in this Agreement and has entered into this Agreement for that purpose. L. It is the policy of the Authority to require that a lead agency be identified and an intergovernmental agreement (IGA) be approved and entered into by the Authority and the lead agency before requests for funding reimbursement or payment can be processed by the Authority. M. The Town of Marana has been identified as the Lead Agency for the Project and will be responsible for all aspects of project implementation including, but not limited to, planning, project management, risk management, design, right of way acquisition and construction, advertisement, award, execution and administration of the design and construction contracts for the Project. N. The RTA's Administrative Code will control all payments and other procedures unless otherwise specified herein. 0. The Authority and the Lead Agency may contract for services and enter into agreements with one another forjoint and cooperative action pursuant to A.R.S. § 11 -95 1, et seq. NOW, THEREFORE, the Town of Marana. and the Authority, pursuant to the above and in consideration of the matters and things set forth herein, do mutually agree as follows: AGREEMENT 1. Purpose. The purpose of this Agreement is to set forth the responsibilities of the parties for the design, construction, maintenance and operation of the Project and to address the legal and administrative matters among the parties. 2. Project. The Project consists of improvements to the Silverbell Road, Cortaro Road to Ina Road, as more fully depicted in thCattached Exhibit A, including the following: a) Detailed project scope and schedule. b) Project budget and cost breakdown of items eligible for reimbursement by the Authority including any proposed billing of staff time directly attributable to Project. IGA RTA Page 2 of 12 Silverbell/Ina 10/08/07 c) Total amount of RTA funding allowed for the Project plus a breakdown of any other regional, local, federal or state funding available. d) Designation of Project phases, if applicable, and any additional related agreements. e) Estimated construction start date and duration of construction. f) Projected cost reimbursement timeline. g) Identification of the Lead Agency's duly authorized representative for signing and submitting payment requests. 3. Effective Date; Term. This Agreement shall become effective upon filing a fully executed original with the office of the Pima County Recorder and shall continue in effect until all improvements constructed pursuant to this Agreement are completed, all reimbursement payments to the Lead Agency are concluded, and all warranties applicable to the Project have expired. 4. Responsibilities of the Lead Agency. a. The Lead Agency shall be responsible for the design, construction and/or installation of the Project in accordance with this Agreement and all applicable public roadway, traffic signal, and street lighting design and construction standards. Design Standards are federal, state, county or municipal standards for engineering, traffic, safety or public works facilities design. Examples of Design Standards include the American Association of State Highway and Transportation Officials and Federal Highway Administration standards for highway engineering and construction, the Pima County/City of Tucson Standard Specifications for Public Improvements, the Pima County Roadway Design Manual, October 2002 revision, the Pima County Department of Transportation /City of Tucson Department of Transportation Pavement Marking Design Manual, and Pima County and municipal design guidelines for roadway lane widths and level of drainage protection. b. If consultants or contractors are employed to perform any portion of the Project, the Lead Agency shall be responsible for the contracts for design and construction of the Project and shall select the consultants and contractors to be used on the Project. The Lead Agency shall immediately provide to the Authority copies of any and all contract documents and related materials upon request by the Authority. The Lead Agency shall retain the usual rights of the owner of a public contract including the authority to approve changes and make payments. However, any changes to the Project which would result in the final project cost deviating, by ten or more percent, from the Authority's budget amount for the Project, must be approved by the Authority in advance of those changes being made, regardless of the fact that the Authority will not be paying for them. c. The Lead Agency shall be responsible for all traffic management, including public notification, during construction of the Project. d. The Lead Agency-shall operate and maintain the improvements during and after completion of construction. e. The final cost of the Project shall be that amount necessary to complete the Project including any unanticipated work incorporated into the Project by change orders and IGA RTA Page 3 of 12 SilverbelVina 10/08/07 amendments executed by the Lead Agency. The Lead Agency shall be responsible for all Project costs in excess of the RTA funds contributed to the Project. f, The Lead Agency shall exercise its power of eminent domain, if necessary, to acquire property needed for the Project. g. The Lead Agency will be responsible for assuming all risks associated with the Project except those that are assigned to another agency or jurisdiction that has agreed to that assumption. h. The Lead Agency shall require its contractors performing any portion of the Project to name the Authority as additional insured and additional indemnitee in all of the Lead Agency's construction contracts for the Project. The Lead Agency shall also require its contractors to name the Authority as an additional beneficiary in any performance and payment related assurances posted for the Project. The Lead Agency shall be responsible for preparing and submitting to the Authority, within the first week of each month or as otherwise specified herein, invoices for payment signed by a duly authorized representative of the Lead Agency and which include sufficient background information documenting payments made to contractors, vendors or any other eligible costs identified in this Agreement or the RTA's Administrative Code. The Lead Agency must retain and certify all vendor receipts, invoices and any related Project records as needed and ensure that they are available for review for a minimum of five (5) years after final payment is made unless otherwise specified herein. j. The Lead Agency shall be responsible for submitting a status report describing its progress and adherence to the Project scope, schedule and budget with each request for payment. 5. Responsibilities of Authority. a. Upon receipt of authorized payment requests, the Authority shall convey to the Lead Agency RTA funds in the amount specified in Exhibit A on a reimbursement basis unless otherwise specified herein. All payments and reimbursements shall follow the policies outlined in the RTA's Administrative Code. b. Reimbursements will generally be based on the Project schedules established by the Lead Agency and contained in Exhibit A. c. The RTA staff will review all payment requests to confirm that the request is for reimbursement of costs incurred by the Lead Agency for the Project. If the Authority determines that additional information is needed, the Lead agency will be notified of the request-for additional information within five days of the receipt of the invoice by RTA. d. Upon approval of the request by RTA, the payment invoice will be processed for payment within ten working days of the invoice submittal. IGA RTA Page 4 of 12 Silverbell/hia 10/08/07 e. RTA shall provide all necessary cooperation and assistance to its fiscal agent to process all payment requests from the Lead Agency. 6. Termination. Either party may terminate this Agreement for material breach of the Agreement by the other party. Prior to any termination under this paragraph, the party allegedly in default shall be given written notice by the other party of the nature of the alleged default. The party said to be in default shall have forty-five days to cure the default. If the default is not cured within that time, the other party may terminate this Agreement. Any such termination shall not relieve either party from liabilities or costs already incurred under this Agreement. 7. Non-assignment. Neither party to this Agreement shall assign its rights under this Agreement to any other party without written permission from the other party to this Agreement. 8. Construction of Agreement. a. Entire agreement. This instrument constitutes the entire agreement between the parties pertaining to the subject matter hereof, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. Any exhibits to this Agreement are incorporated herein by this reference. b. Amendment. This Agreement may be modified, amended, altered or changed only by written agreement signed by both parties. c. Construction and interpretation. All provisions of this Agreement shall be construed to be consistent with the intention of the parties as expressed in the Recitals hereof. d. Captions and headings. The headings used in this Agreement are for convenience only and are not intended to affect the meaning of any provision of this Agreement. e. Severability. In the event that any provision of this Agreement or the application thereof is declared invalid or void by statute or judicial decision, such action shall have no effect on other provisions and their application, which can be given effect without the invalid or void provision or application, and to this extent the provisions of the Agreement are severable. In the event that any provision of this Agreement is declared invalid or void, the parties agree to meet promptly upon request of the other party in an attempt to reach an agreement on a substitute provision. f This Agreement is subject to the provisions of A.R. S. § 3 8-511. 9. Ownership of Improvements. Ownership and title to all materials, equipment and appurtenances installed pursuant to this Agreement shall automatically vest in the Lead Agency upon completion of the Project. 10. Legal Jurisdiction. Nothing in this Agreement shall be construed as either limiting or extending the legal jurisdiction of the Lead Agency or the Authority. IGA RTA Page 5 of 12 Silverbell/hia 10/08/07 11. No Joint Venture. It is not intended by this Agreement to, and nothing contained in this Agreement shall be construed to, create any partnership, joint venture or employment relationship between the parties or create any employer-employee relationship between the Lead Agency and any Authority employees, or between Authority and any Lead Agency employees. Neither party shall be liable for any debts, accounts, obligations nor other liabilities whatsoever of the other, including (without limitation) the other party's obligation to withhold Social Security and income taxes for itself or any of its employees. 12. No Third Party Beneficiaries. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the legal liability of either party to the Agreement by imposing any standard of care different from the standard of care imposed by law. 13. Compliance with Laws. The parties shall comply with all applicable federal, state and local laws, rules, regulations, standards and executive orders, without limitation to those designated within this Agreement. a. Anti-Discrimination. The provisions of A.R.S. § 41-1463 and Executive Order Number 99-4 issued by the Governor of the State of Arizona are incorporated by this reference as a part of this Agreement. b. Americans with Disabilities Act. This Agreement is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 10 1 -3 3 6, 42 U. S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. c. Workers' Compensation. An employee of either party shall be deemed to be an "employee" of both public agencies, while performing pursuant to this Agreement, for purposes of A.R.S. § 23-1022 and the Arizona Workers' Compensation laws. The primary employer shall be solely liable for any workers' compensation benefits, which may accrue. Each party shall post a notice pursuant to the provisions of A.R.S. § 23-906 in substantially the following form: All employees are hereby further notified that they may be required to work under the jurisdiction or control or within the jurisdictional boundaries of another public agency pursuant to an intergovernmental agreement or contract, and under such circumstances they are deemed by the laws of Arizona to be employees of both public agencies for the purposes of workers' compensation. 14. Waiver. Waiver by either party of any breach of any term, covenant or condition herein contained shall not be deemed a waiver of any other term, covenant or condition, or any subsequent breach of the same or any other term, covenant, or condition herein contained. 15. ForCe-Majeure. A party shall not be in default under this Agreement if it does not fulfill any of its obligations under this Agreement because it is prevented or delayed in doing so by reason of uncontrollable forces. The term "uncontrollable forces" shall mean, for the purpose of this Agreement, any cause beyond the control of the party affected, including but not limited to failure of facilities, breakage or accident to machinery or transmission facilities, weather conditions, IGA RTA Page 6 of 12 SilverbelFhia 10/08/07 flood, earthquake, lightning, fire, epidemic, war, riot, civil disturbance, sabotage, strike, lockout, labor dispute, boycott, material or energy shortage, casualty loss, acts of God, or action or non- action by governmental bodies in approving or failing to act upon applications for approvals or permits which are not due to the negligence or willful action of the parties, order of any government Officer or court (excluding orders promulgated by the parties themselves), and declared local, state or national emergency, which, by exercise of due diligence and foresight, such party could not reasonably have been expected to avoid. Either party rendered unable to fulfill any obligations by reason of uncontrollable forces shall exercise due diligence to remove such inability with all reasonable dispatch. 16. Notification. All notices or demands upon any party to this Agreement shall be in writing, unless other forms are designated elsewhere, and shall be delivered in person or sent by mail addressed as follows: The Authority: The Town of Marana: Gary G. Hayes, Executive Director Barbara F. Johnson Regional Transportation Authority Director of Public Works 177 N. Church, Suite 405 .11555 W. Civic Center Dr Tucson, Arizona 85701 Marana, Arizona 85653. 17. Remedies. Either party may pursue any remedies provided by law for the breach of this Agreement. No right or remedy is intended to be exclusive of any other right or remedy and each shall be cumulative and in addition to any other right or remedy existing at law or in equity or by virtue of this Agreement. 18. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterpart may be removed from such counterpart and attached to a single instrument. In Witness Whereof, the Town of Marana has caused this Agreement to be executed by the Mayor of the Town of Marana, upon resolution of the Mayor and Council of the Town of Marana attested to by the Clerk of the Town of Marana, and the Authority has caused this Agreement to be executed by its Chair of the Board. REGIONAL TRANSPORTATION AUTHORITY OF PIMA COUNTY Robert E. Walkup, Board Chair Date TOWN OF MARANA: Ed Honea, Mayor IGA RTA Silverbell/hia 10/08/07 Date Page 7 of 12 ATTEST: Jocelyn C. Bronson, Town Clerk Date The foregoing Agreement between the Town of Marana and the Authority has been approved as to content and is hereby recommended by the undersigned. Mr. Gary Hayes, Executive Director Barbara F. Johnson, Director of Public Works ATTORNEY CERTIFICATION The foregoing Agreement by and between the Regional Transportation Authority of Pima County and the Town of Marana has been reviewed pursuant to A.R.S. Section 11 -952 by the undersigned who have determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to those parties to the Agreement. Regional Transportation Authority of Pima County: Thomas Benavidez, Attorney for the Authority Date Town of Marana: Frank Cassidy, Town Attorney Date IGA RTA SilverbelVffia 10/08/07 Page 8 of 12 Regional Transportation Authority of Pima County Exhibit A 1 RTA Ballot/Project Number: 2 RTA Plan Element: 3 RTA Plan Sub-Element (if applicable) 4 TIP Project Number: 5 Project Name: 6 Work Phase Covered by this Exhibit: (check all that apply) 11-36 Safety Improvements Intersection Safety and Capacity Improvements 22.07 Silverbell/Ina Intersection Planning Design Right of Way Construction X Project Management Environmental/Other 7 Project Manager Information (person responsible for status reports): 8 Name: Tom Houle Mailing Address: 11555 W. Civic Center Drive, Marana AZ 85653 Telephone Number: 520 382-2600 Fax. Number: 520 382-2640 Cellular Number: 520 471-4604 Email Address: thou le(&-maran a.com Authorized Representative(s) (for signing & submitting pay requests): Name: Barbara F. Johnson Mailing Address: 11555 W. Civic Center Drive, Marana AZ 85653 Telephone Number: 520 382-2600 Fax. Number: 520 382-2644 Cellular Number: NA Email Address: blohnson(&-marana.com Name: Ryan Benavides Mailing Address: 11555 W. Civic Center Drive, Marana AZ 85653 - Telephone Number: 520 3i2- 2600 Fax. Number: 520 382-2640 Cellular Number: NA_ Email Address: rbenavidesAmarana.com IGA RTA Silverbell/Ina 10/08/07 Page 9 of 12 Regional Transportation Authority of Pima County Exhibit A 9 Name: Mailing Address: Telephone Number: Fax. Number: Cellular Number: Email Address: Map of Project Limits Attached? Debbie Pickard 520 382-2640 11555 W. Civic Center Drive, Marana AZ 85653 520 382-2600 NA dpickard(cD-marana.com Attached Narrative Description of Project 10 Scope, including improvements to be made and project intent (discuss how project will address problematic areas): 11 Total maximum amount of Authority funding allowed for the Project or Project Component under this Exhibit: i ne I own ot Marana proposes to realign the intersection and widen from 2 through lanes to 4 through lanes, with turn lanes and multi-use lanes to mitigate congestion and improve safety by reducing the intersection skew and improved sight distance. Two box culverts (4 barrel 8'x 4') will bring the intersection out of the I 00-year floodplain. The project will involve paving, grading, drainage improvements, upgraded signals and curb and gutter work. $1,000,000 12 Project Budget (current year dollars): Outsourced In-Hous Tot:al Planning $0 Design $0 Right of Way $0 Construction $1,000,000 $1,000,000 Project Management $0 Environmental/Other $0 Total Project Budget (all funding sources): $1,000,000 $0 $1,000,000 13 Project Budget by Funding Source RTA Non-RTA Total Planning $0 Design $0 Right of Way $0 Construction $1,000,000 $1,000,000 Project Management $0 Environmental/Other $0 Total Project Funding (must equal no. 11) $1,000,000 $0. $?1'000'000 IGA RTA SilverbeIVIna 10/08/07 Page 10 of 12 Regional Transportation Authority of Pima County Exhibit A 14 Funding Sources (current year dollars): RTA STP 12.6 Funds 2.4 Funds Impact Fees Bond Funds General Fund Fare Box Revenue FTA Funds Other Total Funding Sources (must equal no. 11): $1,000,000 15 Identify other project components not covered by this agreement (if any): The Silverbell/Ina Intersection will be constructed in conjunction with the Silverbell Sanitary Sewer Interceptor Project extending from south of the Silverbell/Cortaro Roads Intersection through the Silverbell/Ina Roads Intersection. 16 Estimated construction start date and 1st Quarter 2008-8 months duration of construction: 17 Expected Reimbursement Schedule: Fiscal Year Fiscal Year Fiscal Year 2008 January February March April May June $250,000.00_ July August $250,000.00 September October $250,000.00 November December $250,000.00 IGA RTA Page 11 of 12 Silverbell/hia 10/08/07 Regional Transportation Authority of Pima County Exhibit A Map - L 6 -- 1 1 ;3 SlverbeflAna h tersecti on SilverbellAna IGA RTA Page 12 of 12 Silverbell/hia 10/08/07 N, TOWN COUNCIL MEETING TOWN OF MARANA 9 MARANA 7 INFORMATION 1Z0 MEETING DATE: January 8, 2008 AGENDAITEM: 1.3 TO: MAYOR AND COUNCIL FROM: T. VanHook, Community Development Director SUBJECT: Resolution No. 2007-03: Relating to Community Development; granting $2,500 in Discretionary Funding to the Community Food Bank, Inc. an Arizona 501(c)(3) non-profit organization to support Marana Food Bank programs for Marana senior citizens, youth, and families. DISCUSSION The Marana Food Bank (MFB) has been in operation since 1977 serving individuals and families in need of food. Many of these low income individuals and families receive a regular food box to meet their monthly need for basic nutrition. In addition to regular food boxes, MF13 also distributes nearly 5,000 emergency food boxes annually to individuals and families in crisis. Mission: Through education and advocacy, and the acquisition and distribution of nutritiousfood, the Marana Food Bank will meet the needs of the hungry in the town ofMarana. The MF13 offers two primary programs serving residents living within the Town boundaries, the Emergency Food Boxes and Food Plus. Emergency Food Boxes are offered by walk-in or referTal. Food Plus us a monthly food box program that serves eligible postpartum mothers, children ages 1-6 not eligible for WIC, and low income seniors and offers a monthly 60-pound box of food designed to meet the nutritional needs of these higher risk groups. Most of MFB's clients live close to poverty level ($20,650 annual income for a family of four). The number of families and seniors requesting food boxes has risen precipitously in Marana over the last six months, reflecting the larger economic realities of higher costs for housing, food, and transportation. This is likely to continue for some time and may even get worse. MFB's ability to continue to provide a nutritious food box is critical to the health and well being of families on the edge of poverty- which is about 20% of the population in Pima County. The total number of unduplicated persons served during FY 06-07, MFB was 3,648. This fiscal year the number of individuals receiving food boxes has increased each month. In November, MFB served 841 families with an Emergency Food Box which is nearly a 100% increase from the previous year. 11212008 Funding is being requested to support transportation to and from the Community Food Bank for the acquisition and distribution of food boxes to the Marana community, and for travel related to food procurement in the Town of Marana. RECOMMENDATION Staff recommends granting $2,500 in Discretionary Funding to the Marana Food Bank to support the Emeraency Food Box and the Food Plus programs in providing food for Marana families. SUGGESTED MOTION I move to approve Resolution No. 2008-03. -2- MARANA RESOLUTION NO. 2008-03 RELATING TO COMMUNITY DEVELOPMENT; GRANTING $2,500 IN DISCRETIONARY FUNDING TO THE COMMUNITY FOOD BANK, INC. AN ARIZONA 501(C)(3) NON- PROFIT ORGANIZATION TO SUPPORT MARANA FOOD BANK PROGRAMS FOR. MARANA SENIOR CITIZENS, YOUTH, AND FAMILIES. WHEREAS, the Town of Marana has established a Discretionary Fund to support local non-profit organizations forwarding the priorities set by Mayor and Council; and WHEREAS, Mayor and Council recognize the need to promote programs that encourage services for senior citizens, support youth and families, and encourage volunteerism; and WHEREAS, the Marana Food Bank is a branch of the Community Food Bank, Inc., a community-based non-profit organization is providing programming to offer food to older citizens, new mothers, young children, and families throughout the community; and WHEREAS, Marana. Food Bank has established an Emergency Food Box and the Food Plus programs that provide delivery of 60 pound boxes of nutritious food on a monthly basis to senior citizens and families with young children in the Town of Marana; and WHEREAS, Mayor and Council find that authorizing the Discretionary Funding as set forth in this resolution is in best interest of the citizens of Marana. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, authorizing $2,500 from the Discretionary Fund to the Marana Food Bank to support the Emergency Food Box and the Food Plus programs in providing food for Marana families. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 8th day of January, 2008. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney TOWN COUNCIL MEETING TOWN OF MARANA INFORMATION MEETING DATE: January 8, 2008 AGENDAITEM: 1.4 TO: MAYOR AND COUNCIL FROM: T. VanHook, Community Development Director SUBJECT: Resolution No. 2008-04: Relating to Community Development; approving and authorizing the extension of an intergovernmental agreement with Pima County for the management and implementation of the 2004-2005 Community Development Block Grant Program until December 31, 2008. DISCUSSION During Fiscal Years 2004-2005 the Town of Marana was awarded $220,000 for its participation in Pima County's Community Development Block Grant Program. Subsequently, the Town entered into an intergovernmental agreements (IGA) with the County for management of the funds. These funds were not fully spent during the contract period and Town and County staff would like to extend the contract period through December 2008, so the funding can be fully utilized to support affordable housing efforts. RECOMMENDATION Staff recommends authorization for the Mayor to extend the IGA with Pima County for CDBG funding until December 31, 2008, allowing funding not fully encumbered prior to December 3 1, 2007 to be spent on program activities during the 2008 calendar year. This funding inciudes: 0 2004-2005 Affordable Housing Land Acquisition - $45,340 The Affordable Housing Land Acquisition program utilizes CDBG funding for the purchase and improvement of land for future affordable housing projects. The funding helps the Town of Marana leverage land costs for affordable housing projects. This funding will be used in full for the acquisition of property located at 12470 North Whitney Lane which is currently in escrow. The IGA extension will allow for the purchase of property and services for this program through December 31, 2008. Reports will be provided to Pima County as a condition of the IGA. SUGGESTED MOTION I move to approve Resolution No. 2008-04 1212112007 MARANA RESOLUTION NO. 2008-04 RELATING TO COMMUNITY DEVELOPMENT; APPROVING AND AUTHORIZING THE EXTENSION OF INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY FOR THE MANAGEMENT AND IMPLEMENTATION OF THE 2004-2005 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM UNTIL DECEMBER 31, 2008. WHEREAS, the Town of Marana recognizes the need to provide safe affordable housing, neighborhood infrastructure, and parks for its citizens and has applied for Community Development Block Grant (CDBG) for these purposes; and WHEREAS, Pima County awarded the Town of Marana funding from their allocation of 2005-2006 CDBG funding to manage and implement programs for these purposes; and WHEREAS, Pima County and the Town of Marana entered into a intergovernmental agreement for the management and implementation of these programs through December 3 1, 2007;and WHEREAS, Pima County and the Town of Marana want to extend the termination date of the existing intergovernmental agreement for one additional year to December 31, 2008; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the intergovernmental agreements amendment with Pima County be approved extending the contract period to December 31, 2008; PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 8th day of January, 2008. ATTEST: Jocelyn C. Bronson, Town Clerk Mayor Ed Honea APPROVED AS TO FORM: Frank Cassidy, Town Attorney TOWN COUNCIL MEETING TOWN OF MARANA INFORMATION MEETING DATE: January 8, 2008 AGENDAITEM: 1.5 TO: MAYOR AND COUNCIL FROM: Keith Brann, P.E., Town Engineer SUBJECT: Resolution No. 2008-05: Relating to Development; approving a release of assurance for The Pines Phase I and acceptance of public improvements for maintenance. DISCUSSION This resolution will release the Assurance between Standard Pacific of Tucson, Inc., a Delaware Corporation and Title Security Agency of Arizona, an Arizona Corporation under Trust No. 937 and the Town of Marana, regarding The Pines Phase I as depicted on Exhibit A. The Pines Phase I is comprised of lots I through 129 and Common Areas 'A' and '13'. In releasing said bonds, the Town of Marana will accept for maintenance, including regulatory traffic control signs and street signs, approximately 1.40 miles of the following paved streets: • Mountain Stone Pine Way • Douglas Fir Drive • Ponderosa Pine Place • Pinon Pine Place • Scotch Pine Place ATTACHMENTS Exhibit A - map of streets to be accepted RECOMMENDATION Staff recommends that Mayor and Council release the Assurance for The Pine Phase I and accept the public improvements for maintenance. SUGGESTED MOTION I move to approve Resolution No. 2008-05. The Pine Phase I Lots 1-129 Full Release MARANA RESOLUTION NO. 2008-05 RELATING TO DEVELOPMENT; APPROVING A RELEASE OF ASSURANCE FOR THE PINES PHASE I AND ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR MAINTENANCE. WHEREAS, The Pine Phase I is a 34.41 acre subdivision located west of Arizona Pavilions Drive, containing lots 1-129, and common areas 'A' and 'B' and is recorded at the Pima County Recorder's Office in Book 61 of Maps and Plats, Page 48; and WHEREAS, the Town has Assurance assuring the completion of public improvements; and WHEREAS, Standard Pacific of Tucson, Inc., has completed the public improvements acceptable to Town standards in accordance with the Assurance Agreement for The Pine Phase 1; and NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana as follows: Section 1. The Pines Phase I is hereby released from the Assurance Agreement with Standard Pacific of Tucson, Inc. under Trust 937. Section 2. The Town accepts for maintenance, including maintenance of regulatory traffic control and street signs, for maintenance, approximately 1.40 miles of the following paved streets as shown on Exhibit A: Mountain Stone Pine Way • Douglas Fir Drive • Ponderosa Pine Place Pinon Pine Place Scotch Pine Place Marana Resolution No. 2008-05 Page I of 2 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 8th day of January, 2008. ATTEST: Jocelyn C. Bronson, Town Clerk Mayor Ed Honea. APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution No. 2"-X Page 2 of 2 w 0 0 110 M-z -?q z z 5 7 Fo- g ;P 2 2' EO -Lnm N, LO LD D-Z< 0 0 L9 0 L? Ln Ln LL w ?- c Z z Lu I CD 1 4) =1 I 5? 'ME go all 51 z z P/1 0, M m U) U) w w m Ln ?m i n Ln w W ru m U) M Z3: fn wig IN -g 1 Ig g zfi?-g ?-'P2? m8i 5 Ns- z -8,1 .2!; z HOY,' 8"O.'a 17 R Nk 4-. i i - rl -1 - ge -. i -- aHh % . N g Flag- - 1110"'?11 2 .- ? ?1- I ID 0 m 2 LD z i j , A rj , I T CD Z5 S 199HS U; z z m "t, W, W RE 291 ?,qg? 'N Ln U; Z? ig U) D- d o hu > m2l, U) A gn 914E e ??' qg 5A E z,1 p2 ,,5, - ORB EI.R2 E.? j2 ?z' z; a Rig q- e it P?-pg j '8 UP R - 1- P? 91 98 gig; 9 -,n i hP N V. .6 9 z-al, a5=t A:! x LU TOWN COUNCIL MEETING TOWN OF MARANA INFORMATION MEETING DATE: January 8, 2008 AGENDAITEM: 1.6 TO: MAYOR AND COUNCIL FROM: T. VanHook, Community Development SUBJECT: Resolution No. 2008-06: Relating to the Police Department: authorizing execution of a grant agreement with the Arizona Criminal Justice Commission for funding of Marana's participation on the Southern Arizona DUI Task Force. DISCUSSION Marana participates in the Task Force under an intergovernmental agreement with Tucson, Pima County, and other area agencies. Task Force deployments coincide with major holidays and special events like Rodeo Week and graduation season. The Task Force coordinates a regional DUI abatement effort that includes both enforcement and media coverage targeting holiday. partiers. DUI Task Force deployments allow the MPD to increase the number of officers on the roads by providing additional staffing to targeted DUI enforcement in trouble areas without reducing the department's ability to respond to calls. Each deployment utilizes two to four officers on an eight hour shifts for a total of 32 hour of overtime. Coordinated efforts between the Marana Police Department and the Southern Arizona DUI Task Force to reduce the number of impaired drivers along the I- 10 corridor and other targeted areas within the Town of Marana have been extremely successful, and Town officials recognize the value of deployments. This initiative offers Marana the ability to be active on a regional basis and play its part to save lives and provide safer roadways for its neighbors, friends, and visitors. The $8,000 award will cover the hourly wage ($6,250) and employee related expenses ($1,750) for officer overtime expense. Marana will report each month the blood alcohol content test results of each driver involved in a fatal cash to the Arizona Department of Transportation. RECOMMENDATION Staff recommends authorization execution of a grant agreement with the Arizona Criminal Justice Commission for funding of Marana's participation on the Southern Arizona DUI Task Force. SUGGESTED MOTION I move to approve Resolution No. 2008-06. 11212008 MARANA RESOLUTION NO. 2008-06 RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE ARIZONA CRIMINAL JUSTICE COMMISSION FOR FUNDING OF MARANA'S PARTICIPATION ON THE SOUTHERN ARIZONA DUI TASK FORCE. WHEREAS, the Town of Marana recognizes its duty to protect its citizens through effective police powers; and WHEREAS, the Marana Police Department is working to reduce the number of DUI related collisions in the region; and WHEREAS, the Marana Police Department is working to increase enforcement to reduce the number of impaired drivers on Arizona roadways; and WHEREAS, The Arizona Criminal Justice Commission has awarded the Marana Police Department a grant to help further these goals; and WHEREAS, grant funding will support overtime pay for police officers during a period from January 1, 2008 to June 30, 2008. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, the Town Manager is authorized to execute the Grant Agreement to overtime pay for police officers related to Southern Arizona DUI Taskforce. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 8th day of January, 2008. ATTEST: Jocelyn C. Bronson, Town Clerk Mayor Ed Honea APPROVED AS TO FORM: Frank Cassidy, Town Attorney TOWN COUNCIL MEETING TOWN OF MARANA INFORMATION MEETINGDATE: January8,2008 AGENDAITEM: 1.7 TO: MAYOR AND COUNCIL FROM: Richard Vidaurri, Chief of Police SUBJECT: Resolution No. 2008-07: Relating to the Police Department; approving and authorizing the continuation of an intergovernmental agreement with the Pima County/Tucson Metropolitan Counter Narcotics Affiance; and declaring an emergency DISCUSSION The intergovernmental agreement that supports the Pima County/Tucson Metropolitan Counter Narcotics Alliance (CNA) expired January 26, 2006. The contact was amended to continue the agreement through January 25, 2007, and is now being amended for one additional year. Each participating jurisdiction must agree to the amendment. The renewal of the intergovernmental agreement continues the support of the Pima County/ Tucson Metropolitan CNA. Further, this agreement establishes certain guidelines for the disbursement of federal grant funds received from the Arizona Criminal Justice Commission that reimburses Marana Police Department employee costs associated with one Marana police officer assigned to the CNA. The City of Tucson has received a federal grant through the Arizona Criminal Justice Commission to be allocated to member agencies of the multi-agency drug task force designated as the Pima County/Tucson Metropolitan CNA. The Marana Police Department has two officers assigned to the CNA. Funding for the second position is through a separate grant which Pima County administers. RECOMMENDATION Staff recommends the renewal of the intergovernmental agreement between Pima County/City of Tucson and the Town of Marana Police Department regarding the CNA Program. SUGGESTED MOTION I move to approve Resolution No. 2008-07. [00007443.DOCI] 11212008CIH MARANA RESOLUTION NO. 2008-07 RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE CONTINUATION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE PIMA COUNTY/ TUCSON METROPOLITAN COUNTER NARCOTICS ALLIANCE; AND DECLARING AN EMERGENCY WHEREAS the Town of Marana recognizes its duty to protect its citizens through effective police powers; and WHEREAS the City of Tucson entered into a contract to coordinate drug enforcement and anti-terrorism efforts within the metropolitan Pima County area known as the Pima County/Tucson Metropolitan Coun ' ter Narcotics Alliance; and WHEREAS the Marana Police Department is a party to that agreement; and WHEREAS intergovernmental agreements for joint or cooperative action are authorized by A.R. S. § 11 -952 and WHEREAS the original contract expired January 25, 2006, and the parties to the original agreement wish to extend the contract to January 25, 2009. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Chief of Police is authorized to execute Amendment No. 4 to the intergoverm-nental agreement, attached as Exhibit A and incorporated herein by this reference, extending the term of the contract to January 25, 2009. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, an emergency is hereby declared to exist, and this resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 8th day of January, 2008. ATTEST: Jocelyn C. Bronson, Town Clerk Mayor Ed Honea APPROVED AS TO FORM: Frank Cassidy, Town Attorney tOO007444.DOCIJ 11212008CIH INTERGOVERNMENTAL AGREEMENT CONTRACT AMENDMENT For PIMA COUNTY / TUCSON METROPOLITAN COUNTER NARCOTICS ALLIANCE CONTRACT NO. 0277-05 AMENDMENT NO. 4 WHEREAS, the City of Tucson has entered into an Intergovernmental Agreement with Pima County, State of Arizona Department of Public Safety, City of South Tucson, Town of Marana, Town of Oro Valley, and the Arizona Board of Regents for the University of Arizona, under Contract No. 0277-05, ("IGA") to coordinate drug enforcement and anti- terrorism efforts within the Pima County metropolitan area; WHEREAS, the original IGA term was from January 25, 2005 through January 25, 2006; WHEREAS, the original term has expired, but for all purposes the parties desire to be bound to the original agreement as if continuously in effect; WHEREAS, the parties to the original agreement (IGA) wish to extend beyond the original term; NOW, THEREFORE IT IS AGREED AS FOLLOWS: There is good cause to extend the term of the IGA with the Town of Marana through January 25, 2009. 2. Article 6, is amended (Pursuant to Amendment 1) to extend the term of the IGA by substituting "January 25, 2009" for "January 25, 2008" in the third line. 3. This Amendment No. 4 shall be effective upon execution by the parties and filing a fully executed copy of this Amendment with the State of Arizona. 4. This Amendment may be executed in one or more identical counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one agreement. All other provisions of the IGA not specifically changed by this Amendment shall remain in full force and effect and shall be binding upon the parties. Consent by Chief Law Enforcement Executive Officer Richard Vidaurri Date Chief of Police Town of Marana Parties To This Agreement Town Of Marana Attest: Mayor Date Fown Clerk Date Reviewed And Approved As To Form: Pursuant to A. R.S. § 11 -952, the attorneys for the Parties hereto have determined that the foregoing Agreement is in proper form, and is within the powers and authority granted under the laws of this State. Fown of Marana Attorney Date Parties To This Agreement City Of Tucson Attest: Mayor Date City Clerk City of Tucson Approved As To Form: Date Office of the City Attorney Date MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: November 20, 2007 PLACE AND DATE Marana Municipal Complex A. CALL TO ORDER AND ROLL CALL By Mayor Honea at 7:00 p.m. COUNCIL Ed Honea Mayor Present Herb Kai Vice Mayor Present Russell Clanagan Council Member Present Patti Comerford Council Member Present Tim Escobedo Council Member Present Carol McGorray Council Member Present Roxanne Ziegler Council Member Present STAFF Mike Reuwsaat Town Manager Present Gilbert Davidson Deputy Town Manager Present Deb Thalasitis Assistant Town Manager Present Frank Cassidy Town Attorney Present Jocelyn Bronson Town Clerk Present B. PLEDGE OF ALLEGIANCE AND INVOCATION/MONIENT OF SILENCE Harry Christman gave Ific invocation. C. APPROVAL OF AGEN Wt Approve as amended: Moved b\? COLincil Member Carol McGorray, Seconded by Vice Mayor Herb Kai. Removed Items 1. ' I and 6 from the Consent agenda. D. CALL TO THE PUBLIC Ed Stolmaker, President of the Marana Chamber of Commerce, addressed the Council regarding the Tucson Metropolitan Chamber of Commerce Holiday Legislative Reception. He invited Mayor and Council to attend the reception which will be held in conjunction with the Arizona Builders Alliance, Southern Arizona Chamber Alliance, SAHBA, Metropolitan Pima Alliance and the Tucson Association of Realtors on December 5, 2007 at the Chamber offices on St. Mary's Road. Daniel Carman, 13595 N. Lon Adams Road, addressed the Council regarding a parking issue with the Marana Police Department and citizen vehicles that he encountered at his home during the Marana Spectacular 4 1h of July event. He asked Council to take into consideration the liability that this issue could have caused for him and for the Town. I MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: November 20,2007 David Morales addressed the Council to announce the Marana Republic Club's first meeting on November 24 1h at the Nannini Library meeting room. Mr. Morales also spoke to Council regarding increasing Council salaries and Council's executive sessions. E. PRESENTATIONS 1. Presentation 2007 Engineering Excellence Honor Award from the American Council of Engineering Companies of Arizona (Charlie Mangum) Charles Mangum introduced Jessica Mullen from Z & H Engineering. Ms. Mullen explained that Z & H Engineering and the Town of Marana received the Engineering Excellence Honor Award in October 2007 for the work on the large aircraft apron project of the Marana Regional Airport. Ms. Mullen thanked the Town for the opportunity to work on the project and presented the award to the Mayor. 2. Presentation Status Report on the 2007 Marana General Plan (Kevin Kish/Paul Popelka) Kevin Kish formally presented Council with the most recent updated version of the revised General Plan. He stated that the item is scheduled for the December 4 1h meeting. There was ample public outreach regarding this item throughout the town. Mr. Kish stated that this draft is what staff is recommending for approval and they feel that it is in the best interest of the Town. Mr. Kish stated that many of the discussions held in the public outreach discussions were more individual concerns rather than questions or concerns that addressed the General Plan. He stated that the biggest challenges have been with State Land as they have approximately ')0% of the land in the incorporated boundary currently. The Sonoran Desert Coalitioii is also part of a working group that has generated much concern and question regardHig the General Plan. Deputy Town Manager, Gilbert Davidson commented that Mr. Kish and his staff have done a phenomenal job on the plan and publicly recognized their hard work in getting the plan completed. 3. Presentation Governor's Office of Highway Safety presentation of a new motorcycle to Marana Police Department (Richard Vidaurri) Richard Fimbres. Richard Fimbres, Director for the Governer's Office of Highway Safety, addressed Council regarding the award of a $25,000 grant, in the forin of a fully equipped motorcycle, for the Marana Police Department. Mr. Fimbres presented the award to the Mayor and thanked Chief Viduarri for his cooperation with the Governer's- Office of Highway Safety. 2 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: November 20,2007 4. Presentation Relating to the Regional Transportation Authority; the current status of the effort tailored to Marana projects (Keith Brann) Jim DeGrood addressed the Council regarding the I year update of the activities for the Regional Transportation Authority (RTA). The RTA consists of 4 project elements: roadway improvement, safety, environment and economic vitality, and transit. Mr. DeGrood stated that the biggest item for the RTA is the roadway element, followed next by transit. Through October 30, the RTA has collected over $86 million dollars in sales tax revenue. He also stated that the RTA has 22 projects completed and 6 that are under construction. The implementation of the weekday/evening service has been fully implemented and the weekend service will shortly be implemented. These services have given citizens many more opportunities to go to work in the community. Mr. DeGrood also stated that the Marana. Express to the Continental Ranch area has also been implemented in conjunction with the Arizona Department of Transportation. He expressed his gratitude to ADOT for their cooperation and assistance in getting the Marana Express project going so quickly. Mr. DeGrood stated that the RTA is also involved in planning the new Park and Ride Lot, as the lot in the Arizona Pavillions area is only a temporary location. The RTA plans on placing the permanent location near the Twin Peaks Interchange. Russell Clanagan asked for the timefraine for construction for the Silverbell Road Interceptor Project and the Coachline-Silverbell road improvements. Gilbert Davidson stated that the projects should begin in the early part of 2008. Town Manager, Mike Reuwsaat, also stated that public announcements will be disseminated so that the public is aware of when construction will begin and when changes in traffic patterns will occur. ANNOUNCEMENTS[UPDATES - PROCLAMATIONS - F. MAYOR AND COUNCIL RIEPORTS: SUMMARY OF CURRENT EVENTS Council Member Clanagan stated that he finished the El Tour De Tucson over the past weekend and collected over $4000 in donations for the event. He thanked Jim DeGrood for being his pohit of contact for the El Tour during his tenure at the Town. He stated that the event was a greAt success and that staff and volunteers did an excellent job of ensuring that the event remained s,11fe for the citizens of Marana. Council Member McGorray spoke about the Ritz-Carlton groundbreaking event. She stated that they also traveled to Pinal County and met with the railroad and CAP in the hopes of working together in some of the FEMA issues. She also stated that the Mayor and Council also attended the grand openings for the Fitness Center at Heritage Highlands and In N Out Burger. Council Member Comerford commented on a job well done with the traffic flow on Cortaro Road with the new opening of the In N Out Burger. 3 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: November 20,2007 Mayor Honea stated that the In N Out Burger grand opening was a great event. He and Mr. Reuwsaat attended the MPA breakfast with all of the state elected officials from the region in which they spoke about the next year's budget. Mayor Honea also spoke to 3rd graders at Desert Winds about government. He stated that Councilmember Escobedo is very active in a program called Build A Plane. The Mayor attended the ribbon cutting for the event as well as the welcome back luncheon at the senior center. G. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Town Manager Mike Reuwsaat reminded Council that the Christmas Tree Lighting Ceremony will be on December Is'. He also mentioned a tour for the Abbott Library with the Abbots. A presentation on the new 1-10 bypass setting will be held on November 26 1h by ADOT which will discuss the bypass alternatives. Mr. Reuwsaat also stated that the Jeff Pechuria and others from NW Fire are doing an audit of the Avra Valley Fire Department. He stated that he received the preliminary copy of the audit was received today and there is serious work to be done in terms of the financial solvency of that fire district. th Mr. Reuwsaat stated that on the 15 , congresswoman Giffords and other staff met with FEMA. There is a verbal promise to pull back the maps and give the Town the time to do the hydrologic studies that the Town needs to do. He stated that the promise should come in the form of a written letter, but at this point, there is only a verbal promise. Mr. Reuwsaat suggested that staff write a letter to Mr. Fimbres and his administration to thank them for the grant that MPD received. Finally, Mr. Reuwaat and Mr. Davidson met with the head of the Senate and Jennifer Bums on FEMA and other issues and both now understand their issues and have offered their assistance. A preliminary meeting at WAATS was held regarding openflig Pinal Air Park. Everyone from Evergreen, State Land, WAATS, the Town, Pinal County, and TREO agreed that it is a good idea, but several items need attention prior to moving forwai-d. Deputy Town Manager Gilbert Davidson announced that construction on the Thomydale project is ready to begin. The utility relocation will begin between Thanksgiving and Christnias holidays and major construction will begin at the beginning of 2008. H. STAFF REPORTS 1. CONSENT AGENDA GENERAL ORDER OF BUSINESS 1. Resolution No. 2007-195: Relating to Community Development; approving and authorizing the extension of an intergovernmental agreemen-t-w-ith Pima County for the management and implementation of the 2005-2006 and 2006-2007 Community Development Block Grant Program until December 31, 2008 (T. Van Hook) 4 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: November 20, 2007 2. 'Resolution No. 2007-196: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a person and location transfer for a limited liability company license for a No. 06 (Bar) liquor license submitted by David Maxwell Landman on behalf of Mira Vista Resort, located at 7501 N. Wade Road (Jocelyn Bronson) 3. Resolution No. 2007 197; Relating to Personnel; appr-ev4ng and adopting an amendment to the TownNs .... e Rprcana 1 Polieies and Pr-oeedur-es Manual, Seetion 3 6 1 "Nonexempt Employees" of Polity 3 6 "Over-time/Compensater-y Time." (Mike RettwsaaVJane Fair-afl) This item has been moved indefinitely. 4. Resolution No. 2007-198: Relating to Administration; approving and authorizing the Mayor to execute an agreement for legal services with Barry M. Corey of the law firm of DeConcini McDonald Yetwin & Lacy, P.C., to serve as counsel to the Town of Marana Personnel Action Review Board; and declaring an emergency (Frank Cassidy) 5. Resolution No. 2007-199: Relating to the Police Department; approving and authorizing the execution of an intergovernmental agreement between MPD and the Pima Community College District (Richard Vidaurri) 6. Resolution No. 2007 2001 Relating to Personnell approving and fluthorizing -a eentr-aet with to proAde a to" wide eompensation and elassifleat study (Erik Mentague)-ltem pulled from calendar. Moved by Council Member Carol McGorray, Seconded by Vice Mayor Herb Kai, Consent Agenda was approved as amended, removing Items 1. 3 and 1. 6. J. COUNCIL ACTION 1. Resolution No. 2007-201: Relating to Mayor and Council; authorizing alternative dates for January 2008 Council meetings (Jocelyn Bronson) Jocelyn Bronson addressed Council regarding staff s recommendation to change January 2008's Council meetings. Two options were presented: Eliminating one meeting entirely from J wiuary, making January 15 1h the only regular meeting for the month, and second option would be to change the meetings to the 2d and 4h Tuesday of January. Motion: Dates for the Council meeting will be January 8 and 22, 2008. Approve, Moved by Council Memher Russell Clanagan, Seconded by Council Member Carol McGorray 2. PUBLIC HEARING. Trico-Marana Revised Annexation: Relating to Annexation; consideration of the Town of Marana's desire to annex approximately 526 acres in Sections 14 and 23, Township 11 South, Range 10 East (Kevin Kish) Vice Mayor Kai declared a conflict and left the dais. - Kevin Kish spoke regarding the 536 acre annexation of Trico-Marana. He stated that this is the public hearing of the meeting. No one from the audience wished to speak. 5 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: November 20,2007 3. PUBLIC HEARING. Ordinance No. 2007.26: Relating to Development; approving and authorizing a rezoning and a minor General Plan amendment for La Vista Bonita (Kevin Kish) Kevin Kish stated that the La Vista Bonita Rezoning is a continuation of the November 6 1h meeting. On October 19, a letter from the applicant was received requesting a withdrawal of the project. Approve, Moved by Council Member Tim Escobedo, Seconded by Council Member Patti Comerford. 4. a. Resolution No. 2007-202: Relating to Real Property; approving and authorizing the Mayor to execute an intergovernmental agreement with Pima County for license of County rights-of-way, upon County approval and execution of a reciprocal intergovernmental agreement for license of Town of Marana rights-of-way; and declaring an emergency (Frank Cassidy) Jane Fairall stated that this Resolution would only be approved contingent upon approval of 2007-203 by the County first. Staff recommends approval. Motion: Approve, Moved by Council Member Carol McGorray, Seconded by Council Member Tim Escobedo. b. Resolution No. 2007-203: Relating to Real Property; approving an authorizing the Mayor to execute an intergovernmental agreement with Pima County for license of Town of Marana rights-of-way; and declaring an emergency (Frank Cassidy) Jane Fairall presented the IGA for the use of the Town's rights-of-way. Staff recommends approval of this item. Ms. Fairall stated that Resolution 2007-202 would not go into effect unless the County signed Resolution 2007-203. Motion: Approve, Moved by Council Member Patti Comerford, Seconded by Council Member Tim Escobedo. Item L. I was heard at this time, and then the meeting was adjourned for the Council to sit as the District Board of the Saguaro Springs Community Facilities District. K. BOARDS, COMMISSIONS AND COMMITTEES 1. The Council sitting as the District Board for the Saguaro SDrings Communitv Facilities District; approval of the minutes of the October 16, 2007 District Board meeting. Motion: Approve, Moved by rice Mayor Herb Kai, Seconded by Council Member Russell Clanagan. ADJOURIV th?, Saguaro Springs Community Facilities District meeting. Motion: Moved by Council Member Tim Escobedo, Seconded by Council Member Russell Clanagan. L. ITEMS FOR DISCUSSION/POSSIBLE ACTION -4. Discussion/Possible Action weekly Council meetings (Jocelyn Bronson) Jocelyn Bronson stated that Council Member Patti Comerford had previously requested that fewer items go on each agenda or have more frequent meetings so that there is more time to review the materials for each meeting. 6 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: November 20,2007 Gilbert Davidson addressed Council stating that discussions regarding this issue had taken place at staff s agenda preparation meetings. He stated that staff will make changes according to Council's pleasure. Council Member Comerford requested that Council meet more frequently due to the amount of time that needs to be taken to review materials before each meeting. She feels like Council is not receiving adequate time to review items prior to Council meetings. Mayor Honea stated that he would like to see a special meeting once monthly if needed, as needed. Mr. Davidson asked for a timeframe that Council would like to keep meetings under. Council Member Ziegler asked if she would be compensated for the extra time they would spend at meetings. She suggested that consent and action agenda items should be heard first and that presentations and reports should be held last as they take up the most time. Council Member Escobedo stated that rearrangement of the agenda should be done but that calls to the public should remain at the beginning of the meeting as they are important and part of the town's business. Mayor Honea and Council Member Comerford stated that presentations should be kept where they are due to the fact that most presenters are coming from out of town to make presentations and it is unfair to make them wdit until the end of the meeting. Vice Mayor Herb Kai stated that he suggests time limiting presentations. Council Member Escobedo stated that presentation types and time limits should be evaluated on an individual basis. He suggested that local and staff presentations should be heard at the end of the meeting and that out of town presenters or special presentations should be heard at the begini-iing. Council Member Clanagan suggested moving the meetings to 6:00 p.m. instead of re- arranging items on the agenda. M. EXECUTIVE SESSIONS Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. Executive Session pursuant to A.R.S. §38-431.03(A)(3),(4),(6) and (7) for legal advice with the Town Attorney concerning water rights and water service issues and to consult with and instruct the Town Attorney and the Town Manager concerning the lawsuit entitled Town of Marana v. Pima County, Pima County Superior Court No. C20076038, and to direct the Town Manager and Town Attorney with respect to that litigation and other water rights and water service issues (Frank Cassidy) 7 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: November20,2007 N. FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion of what items to place on the agenda, if three or more council members request an item to be placed on the agenda, it must be placed upon the agenda for the second regular town council meeting after the date of the request (Marana Town Code, Title 2, Chapter 2-4, Section 2-4-2 B) 0. ADJOURNMENT Motion: Moved by Council Member Russell Clanagan, Seconded by Fice Mayor Herb KaL CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on November 20, 2007. 1 further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk 8 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: December 4,2007 PLACE AND DATE Marana Municipal Complex A. CALL TO ORDER AND ROLL CALL, By Mayor Honea at 7:00 p.m. COUNCIL Ed Honea Mayor Present Herb Kai Vice Mayor Present Russell Clanagan Council Member Present Patti Comerford Council Member Present Tim Escobedo Council Member Present Carol McGorray Council Member Present Roxanne Ziegler Council Member Present STAFF Mike Reuwsaat Town Manager Present Gilbert Davidson Deputy Town Manager Present Deb Thalasitis Assistant Town Manager Present Frank Cassidy Town Attorney Present Jocelyn Bronson Town Clerk Present B. PLEDGE OF ALLEGIANCE AND INVOCATIONIMOMENT OF SILENCE Brad DeSpain gave the invocation. C. APPROVAL OF AGENDA Approve as ?aiietidcd: Moved by Council Member Carol McGorray, Seconded by Council Member Tim Escubedo. Item 1. 2 was moved to Item J. 1. Items 1. 5 was removed. Item K. I was removed. D. CALL TO THE PUBLIC David Morales addressed Council and asked for the possibility of making the Town a City by putting the uption on the next election ballot. He also stated that he would like to see plans for a cemetery in the near future and requested that a hexagonal water fountain be built to honor the founding fathers of Marana. E. PRESENTATIONS L-Presentation: Results of the Draft Wastewater Basin Study prepared by Westland Resources,-Inc. (Barbara Johnson) Barbara Johnson introduced Tom Martinez who presented. Mr. Martinez presented on behalf of Westland Resources, Inc. regarding the sewer basin study. He stated that the 1 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX - DATE: December 4, 2007 study will serve as the basis for several other documents including clean water act amendments, rate studies, connection fees, etc. He stated that wastewater flow projections can also be used by the town to establish programs for reclaimed water re-use as well as programs to help the town plan for its long term assured water supply. Mr. Martinez explained the planning area of the study and stated that there are multiple jurisdictions included: Pima and Pinal Counties. He stated that development densities were projected, allowing them to predict when and where development will occur. Mr. Martinez summarized that the draft report is a work in progress and that Westland will continue to work incorporating input from the Town on its content and assumptions. ANNOUNCEMENTS/UPDATES - PROCLAMATIONS - Ms. Bronson read the proclamation for Marana Broncos Mitey Mite Blue. F. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member McGorray thanked everyone who donated to the Marana Food Bank. Council Member Escobedo announced upcoming events for Miracle's Inc. and the Food Bank. He announced that at the opening of Tower Theatres there will be an opportunity to donate food or toy items. Mr. Escobedo encouraged everyone to donate toys for Miracle's Inc. and announced their upcoming events. Council Member Comerford thanked the Mayor for going to Marana High School for the song writing contest event. A Marana High School student was chosen to have her song published. The event was sponsored by Great American Country Music. Mayor Honea thanked the young Bronco's football team for attending the meeting. He also stated that the song writing event at Marana High School was enjoyable and encouraged more people to support Marana's youth. The Mayor attended the Governor's / Mayors conference in Phoenix where the Governor talked about the Growing Smarter Program and transportation. G. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Mike Reuwsaat spoke regarding FEMA. He stated that the letter from FEMA has still not been received and probably will not be received until the end of the week. H. STAFF REPORTS GENERAL ORDER OF BUSINESS 2 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: December 4,2007 1. CONSENT AGENDA 1. Resolution No. 2007-204: Relating to Administration; approving and authorizing the Geographic Information Systems (GIS) Department to change its name to Applications and GIS Services (Joe Lettrick) 2. Moved to Item J 1. Resolution No. 2007-205: Relating to Public Works; approving and authorizing an intergovernmental agreement between the Regional Transportation Authority and the Town of Marana for the design and construction of the Right Turn Lane at Silverbell Road and Coachline Improvement Project (Barbara Johnson). 3. Resolution No. 2007-206: Relating to Development; approving a release of assurance for Ironwood Reserve Block I and acceptance of public improvements for maintenance (Keith Brann) 4. Resolution No. 2007-207: Relating to Development; approving a release of assurance for Continental Reserve Block 16B and acceptance of public improvements for maintenance (Keith Brann) 5. Resolution No. 2007 208t Relating to Development; ap. Clease o assuranee _Z61"Sifiveer Shadows Development and aeeeptattee of publie improvements for- maintenanee (Keith Brann) Removed 6. Resolution No. 2007-209: Relating to Development; approving a release of assurance for Gladden Farms Blocks 18 & 20 and acceptance of public improvements for maintenance (Keith Brann) 7. Resolution No. 2007-210: Relating to Information Technology; approving and authorizing a donation of previously used computers and computer equipment to Miracles, Inc. of Arizona, a non-profit corporation (Anthony Casefla) 8. Resolution No. 2007-211: Relating to Budget: approval of fiscal year 2007-2008 budget adjustments (Erik Montague) 9. Resolution No. 2007-212; Relating to Development; opposition to development of the Rosemont Mine in the Santa Rita Mountains (Barbara Johnson) 10. Minutes of the regular meeting of November 6, 2007. Moved by Council Member Carol McGorray, seconded by Council Member Patti Comerford, the Consent Agenda was approved as amended moving Item 1. 2 to Item J. 1. and removing Item 1. 5. 3 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: December 4, 2007 J. COUNCIL ACTION 1. Moved from Item L 2. Resolution No. 2007-205: Relating to Public Works; approving and authorizing an intergovernmental agreement between the Regional Transportation Authority and the Town of Marana for the design and construction of the Right Turn Lane at Silverbell Road and Coachline Improvement Project (Barbara Johnson) Barbara Johnson stated that the RTA had given the Town an additional $5,000 and this is why the item was pulled from the consent agenda to the action item agenda. Motion: Approve, Moved by Council Member Patti Comerford, Seconded by Council Member Carol McGorray. 1. Resolution No. 2007-213: Relating to Community Development; approving and authorizing an intergovernmental agreement with Pima County for the management and implementation of the 2007-2008 Communi", Development Block Grant Program (T. Van Hook) T. VanHook addressed Council regarding the CDBG program and asked Council to approve the IGA with Pima County. She stated that the funding can be used anywhere within Town Limits for qualified homeowners. Motion: Approve, Moved by Council Member Tim Escobedo, Seconded by Council Member Carol McGorray. 2. Resolution No. 2007-214: Relating to Personnel; approving and authorizing a contract with Milliman Consultants and Actuaries to provide a town-wide compensation and classification study; and declaring an emergency (Erik Montague) Erik Montague stated that in October'-1007, the town formally solicited proposals for a town-wide compensation study. As a result of that formal solicitation, the town received submittals from two firms. A committee was assembled to evaluate both proposals and Mi I liman Consultants and Actuan* es was deemed the most qualified to perform the study. .11otion: Approve, Moved by Vice Mayor Herb Kai, Seconded by Council Member Russell Clanagan. 3. Resolution No. 2007-215: Relating to Development; approving and authorizing a final plat for Saguaro Ranch Phase IIIA (Kevin Kish) Kevin Kish spoke regarding Saguaro Ranch Phase IIIA, a 34 lot custom home development. He stated that approval of the final plat does not alter the existing easement and that Saguaro Ranch Development will be working with Pima County to relocate the easement in the future. This project also has a disturbance restriction on it: maximum of 20% of the project area to be disturbed. Frank Cassidy reminded the Council that final plats are generally placed on Consent agendas because they must be approved if they meet all requirements. For this particular plan, in addition to the normal rules and regulations for plats, there is a pre-annexation 4 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: December 4, 2007 development agreement with respect to this, and that is why this final plat is on the action agenda. He stated that this plat does reflect the full 200 foot easement going through it. Ken Maus, 13815 N. Como Hills Drive, stated that the issue is a matter of where the access is going to be and what kind of access it is actually going to be; vehicle or trail. His concern was who will be able to access it. He asked for Council to please consider the concerns and hesitations that he has regarding this proposed development. Tim Blowers, 13950 N. Siefert Est. Dr., addressed Council stating that he believes Saguaro Ranch is poorly planned and that there are going to be many needs that will go unaddressed with the approval of this development. He asked Council to please consider the implications of approving. Mark Van Ert, 13975 N. Tortolita estates Rd., resident of Pima County and professor of University of Arizona spoke regarding the easement issue. He stated that meetings between Mr. Huckelberry and Saguaro Ranch occurred which tried to concede the easement to Saguaro Ranch. He stated that he believes the 200 foot easement must be preserved and that if a plat is approved, then all precautions must be taken to ensure that all easements are preserved. Mr. Cassidy once again addressed Council regarding final plats approval process and answered Council questions regarding so. Motion: Approve, Moved by Council Member Carol McGorray, Seconded by Vice Mayor Herb Kai. 4. Resolution No. 2007-216 : Relating to Personnel; approving and authorizing an additional paid holiday on December 24, 2007 as a special one-time employee appreciation event; and declaring an emergency (Mike Reuwsaat) Mike Reuwsaat asked Council for consideration of granting employee's Monday, December 24, 2007 the day off to spend with their families. Motion: Approve, Moved by Council Member Russell Clanagan, Seconded by Council Member Tim Escobedo. 5. Resolution No. 2007-217: Relating to Liquor Licenses; recommendation of disapproval to the State Liquor Board for a new license for a limited liability company for a No. 04 (Wholesale) liquor license submitted by Edgar Distel on behalf of Croesus, Limited, LLC, located at 6890 N. Camino Martin, Suite 130 (Jocelyn Bronson) Ms. Bronson stated that the Marana Police Department investigated the application and prepared a memorandum which was forwarded to the applicant recommending disapproval of the application. The applicant, Ed Distel, 8550 N. Mulberry, was present and answered questions asked by Council Members. He answered questions about being arrested and being disbarred. He stated that it was his son who stole checks in his name, therefore, he was arrested for something he did not commit. He also stated that he stopped law practice at about 66 same time his son stole his checks. Motion: Approve 6-L Moved by Council Member Russell Clanagan, Seconded by Council Member Carol McGorray. CouncilMember Comerford - no. MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: December 4, 2007 6. Resolution No. 2007-218: Relating to Development; ratifying design approval for the development known as Silverbell Animal Medical Center (Kevin Kish) Kevin Kish stated that the proposed animal medical center is 6218 square feet, a one story structure with a building height of 25.2 feet. The building will be comprised of stucco finish over metal frame, masonry stone glass accents, and a metal finish roof He stated that staff has reviewed the proposal and has approved the plan subject to the two conditions found in the staff report. Motion: Approve 6-1, Moved by Council Member Roxanne Ziegler, Seconded by Council Member Russell Clanagan. Council Member Comerford - no. 7. PUBLIC HEARING. Resolution No. 2007-219: Relating to Development; approving and authorizing the 2007 Marana General Plan (Paul Popelka) Paul Popelka presented the 2007 Marana General Plan to Council. The Plan is an update of information and updated changes over the past five years. It is a revisit to all of the goals and policies and actions that define what Marana is and does. There are ten chapters to the General Plan. Mr. Popelka stated that the most significant chapter is land use. The planning area is approximately 240 square miles expanded north into Pinal County. The goals in land use revolve around sustainability, natural and cultural resources, and diversity and the quality of development in Marana. Mr. Popelka also stated that the General Plan shows the key features of the community. Tim Bolton, 8815 N. Sky Dancer Circle, representing the Arizona State Land Department, addressed Council regarding some of the concerns with the General Plan. 1h The concerns were addressed to the Planning Commission on November 14 . Someof the concerns are up in the Red Rock area as well as some of the interchanges near Pinal Air Park. Mr. Bolton's main concern with the land use map is the non-realization of the State's conceptual planning efforts in and around the airport area. He stated that the vast amounts of industrial areas are not correlating with the State's conceptual plan in this area. One ofthe other concerns includes environmental elements and the 30% disturbance policy. Mr. Bolton stated that the concern is that the ACP is still in process and feels it is far too early to be establishing a 30% disturbance restriction before U.S. Fish and Wildlife has the. needed amount of time to review the section ten consultation. Mr. Bolton then answered a few questions from Council. Pike Oliver, with WU Holdings, 1121 W. Warner Road Suite 109 in Tempe, AZ, addressed Council representing owners of the La Osa Ranch Properties. He stated that there is an ongoing research effort with the La Osa Ranch Properties and it is their concern that the master planning for the property be addressed within one jurisdiction, so that the entire property is considered as a whole. They do not want to see the property split up into smaller sections as it would not serve in their best interest. Mr. Oliver stated that expanding the planning area into the La Osa properties is inappropriate at this time. Lori Lustig, 2840 N. Country Club Road, representing the Southern Arizona Homebuilders Association, addressed Council asking for a continuance of this plan. She stated that their main concern the verbiage of the HCP as currently written. She suggested alternate wording. 6 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: December 4,2007 Paul Green, 4560 W. Cortaro Farms Road, addressed Council supporting a delay/continuance of the General Plan. He stated that it is the Town's responsibility to look after the native species in the area. Diana Tholton, a member of the Tucson-Pima County Bicycle Advisory Committee, addressed Council supporting the Marana General Plan. She stated that they want to see clean air, low noise, places to exercise, community neighborhoods with places that you can walk and ride to. She stated that she would like to see the Town and the Bicycle Advisory Committee work more closely together and supports the Marana General Plan. Carolyn Campbell, 300 E. University, representing the Coalition for Sonoran Desert Protection, addressed Council regarding their concerns with the General Plan as stated in the letter that was given to Council. The issue with the General Plan's future land use map is the industrial designation at the regional wildlife corridor. She also spoke regarding the HCP and that stated that the Coalition believes the General Plan and the guidelines within that should be adopted first. Paul Wichmann, with Southern Arizona State Land Department, addressed Council regarding the Tortolita Fan Area. He stated that the State Land Department wants to work with the Town and that they need some more time with staff to work on some of the issues relating to the General Plan. Motion: Approve to continue to December 11, 2007 at 6:00p.m. Special Meeting, Moved by Council Member Tim Escobedo, Seconded bj, Council Member Carol McGorray. 8. PUBLIC HEARING. Ordinance No. 2007.30: Relating to Annexation; annexing into the corporate limits of the Town of Marana that territory known as Trico-Marana Revised Annexation comprised of approximately 526 acres of land within Pima County (Kevin Kisli) Vice Mayor Kai declared a con tl let of interest and left the dais. Kevin Kish stated that this is a 526 acre annexation. All necessary paperwork and procedures have been followed and recommends Council approval on this matter. Motion: Approve, Moved by Council Member Patti Comerford, Seconded by Council Member Roxanne Ziegler. 9. Resolution No. 2007-220: Relating to Development; adopting a notice of intent to enter into a retail development tax incentive agreement for the Marana Spectrum project proposed to be located at the southeast quadrant of Interstate 10 and the future Twin Peaks/Linda Vista interchange (Frank Cassidy) Frank Cassidy stated that the State Statute that deals with retail development tax incentives requires that there be a notice of intent adopted at least fourteen days before the Council considers the adoption of a retail development tax incentive agreement. He stated that this resolution serves as the notice of intent and recommends Council 7 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: December 4, 2007 approval. Motion: Approve 6-1, Moved by Council Member Russell Clanagan, Seconded by Council Member Roxanne Ziegler, Council Member Comerford - no. K. BOARDS, COMMISSIONS AND COMMITTEES L. ITEMS FOR DISCUSSION/POSSIBLE ACTION M. EXECUTIVE SESSIONS 1. Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. 2. Executive Session pursuant to A.R.S. §38-431.03(A)(3),(4),(6) and (7) for legal advice with the Town Attorney concerning water rights and water service issues and to consult with and instruct the Town Attorney and the Town Manager concerning the lawsuit entitled Town of Marana v. Pima County, Pima County Superior Court No. C20076038, and to direct the Town Manager and Town Attorney with respect to that litigation and other water rights and water service issues (Frank Cassidy) Motion to -0 into Executive Session: Approve 6-1, Moved by Vice Mayor Herb Kai, ?s Seconded 41, CouncilMember Tim Escobedo. Council Member Comerford -no. N. FUTURE AGENDA ITEMS 0. ADJOURNMENT Motion: Adjourn, Moved by Council Member Russell Clanagan, Seconded by Council Member Patti Comerford. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on December 4, 2007. 1 further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk 8 MINUTES OF SPECIAL SESSION COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: December 19, 2007 PLACE AND DATE Marana Municipal Complex A. CALL TO ORDER AND ROLL CALL, By Mayor Honea at 5:00 p.m. COUNCIL Ed Honea Mayor Present Herb Kai Vice Mayor Present Russell Clanagan Council Member Present Patti Comerford Council Member Present Tim Escobedo Council Member Excused Carol McGorray Council Member Present Roxanne Ziegler Council Member Excused STAFF Mike Reuwsaat Town Manager Present Gilbert Davidson Deputy Town Manager Present Deb Thalasitis Assistant Town Manager Present Frank Cassidy Town Attorney Present Jocelyn Bronson Town Clerk Present B. PLEDGE OF ALLEGIANCE AND INVOCATION/MOMENT OF SILENCE C. APPROVAL OF AGEN D.A Approve. Moved by Couricil'Member Carol McGorray, Seconded by Council Member Patti Comerford. D. CALL TO THE PUBLIC GENERAL ORDER OF BUSINESS E. COUNCIL ACTION 1. Relatinp- to Personnel: Acceptance of the resignation of Tim Escobedo (Frank Cassidy) Frank Cassidy addressed Council and indicated that the statute defining vacancy does include a provision for acceptance of resignation and that his previous direction and - advice was incorrect. The Council should adopt a motion accepting the resignation in order for it to be clear that there is a vacancy on the Council. Approve, Motion by Council Member Russell Clanagan, Seconded by Council Member Carol McGorray. Unanimously approved I MINUTES OF SPECIAL SESSION COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: December 19, 2007 Resolution No. 2007-232: Relating to Development; approving and authorizing the 2007 Marana General Plan (Kevin Kish) Frank Cassidy explained to Council that the research after the December 11 meeting indicated that you do not count a vacant Council position in determining the two-thirds vote but you would count an absence, and because of the technical question of the vacancy of Mr. Escobedo's position at that time you took the vote, I've asked that this be brought back so that the General Plan can actually be adopted by 4 out of 6 positions. Approve, Motion by Council Member McGorray, Seconded by Council Member Clanagan. Unanimously approved. F. EXECUTIVE SESSIONS 1. Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. 2. Executive Session pursuant to A.R.S. §38-431.03(A)(3),(4),(6) and (7) for legal advice with the Town Attorney concerning water rights and water service issues and to consult with and instruct the Town Attorney and the Town Manager concerning the lawsuit entitled Town of Marana v. Pima County, Pima County Superior Court No. C20076038, and to direct the Town Manager and Town Attorney with respect to that litigation and other water rights and water service issues (Frank Cassidy) 3. Execution session pursuant to A.R.S. §38-431.'03 (A)(4) and (7) to consider the Town's position and instruct its representatives regarding negotiationsfor the purchase of property rights neededfor the Twin Peaks interchange project, CIP number 2001-44, from theparcels oJ'propeqv generally identified as Pima County Assessor's parcel numbers 226-15-010.A, 226-08-0140, and 226-15-0130, and to instruct the Town's attorneys in settlement negotiations and contemplated condemnation proceedings relating to the same property rights. Approve, Motion hY Council Member Patti Comerford, Seconded by Council Member Clanagan to go into executive session under Item F. 3. Unanimously approved. Frank Cassidy addressed the Council and stated that with respect to executive session item 3, town staff would request authorization to settle on Parcel 226-15-010A for a total amount not to exceed $ 437,987 that includes just compensation and estimated closing costs. Approve, Motion by Council Member Russell Clanagan, Seconded by Council Member Patti Comerford. Unanimously approved. G. FUTURE AGENDA ITEMS 2 MINUTES OF SPECIAL SESSION COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: December 19.2007 Notwithstanding the mayor's discretion of what items to place on the agenda, if three or more council members request an item to be placed on the agenda, it must be placed upon the agenda for the second regular town council meeting after the date of the request (Marana Town Code, Title 2, Chapter 2-4, Section 2-4-2 B) F. ADJOURNMENT Motion: Moved by Council Member Patti Comerford, Seconded by Council Member Carol MrGorra Unanimously approved Y. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on December 19, 2007. 1 further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk 3 TOWN COUNCIL MEETING TowN OF MARANA 9 MI 7 'RNA INFORMATION MEETING DATE: January 8, 2008 AGENDAITEM: J. I TO: MAYOR AND COUNCIL FROM: Kevin Kish, AICP, Planning Director SUBJECT: PUBLIC HEARING. Ordinance No. 2008.01: Relating to Development; approving and authorizing a rezoning to create The Shops at Tangerine and 1-10 Motorplex at Tangerine Specific Plan. DISCUSSION RezoninE Reques Westcor Marana LLC, represented by Rick Engineering requests approval of a rezoning for a 281-acre site to develop a large scale commercial/retail center with an auto park component. The developer is proposing approximately 800,000 square feet of retail space. The subject site is located along the west side of Interstate 10, north of Tangerine Road. Approval of this request would rezone the subject area from the "E" (Transportation Corridor), "B" (Medium Lot) and "C" (Large Lot) zones to "F" Specific Plan and adopt The Shops at Tangerine and 1-10 Motorplex at Tangerine Specific Plan. The purpose of "F" zoning is to provide ftinctionality and creativity in site planning and design that the developer cannot achieve with conventional zoning. General Plan The Town of Marana General Plan Update, adopted December 19, 2007, designates the subject area as Corridor Commerce (CC). The Corridor Commerce area along 1-10 is a highly visible strategic commercial/employment area that is well suited for employment-based business. The rezoning proposal requests approval of a specific plan thus requiring a land use designation of Master Planning Area (MPA). The change in land use designation from CC to MPA requires a minor General Plan amendment and is also to be considered as part of the Specific Plan request. Based upon the amendment procedures outlined in the General Plan this change in land use designation may be processed as a minor general plan amendment. The minor general plan amendment request may be processed concurrently with a rezoning request and approved at public hearing. Land Use The Specific Plan proposes two land use designations. The Regional Retail Center (RRC) designation will make up about 166 acres and Auto Park (AP) will take up the remaining 115 acres. 010808 7he Shops at Tangerine Specific Plan Adoption The Regional Retail Center designation is intended to accommodate regional and local businesses and services, and a variety of commercial and professional activities. Allowable uses include but are not limited to major department stores, retail shops, appliance stores, theaters, banks, offices, lodging facilities, restaurants and gas stations. The principal uses within the Auto Park designation include but are not limited to automotive supplies and service stations, auto dealers, service stations, and car washes. Uses within the RRC designation are also allowed within the AP designation. The auto park is intended to serve both the local and regional markets of the area. Traffic Circulation The Shops at Tangerine and 1-10 Motorplex at Tangerine Specific Plan proposes numerous access points from the Frontage Road, Tangerine Farms Road and Clark Farms Boulevard. A new Tangerine/1-10 interchange is being proposed approximately one-half mile north of the current interchange, to serve the area. After construction of the new interchange, the alignment of Tangerine Farms Road will cut across the southeast comer of this project. Road Improvements The necessary off-site road improvements for this project shall be in place in accordance with conditions 2 and 3 of this rezoning. All on-site road improvements will be the responsibility of the developer and will be designed and constructed in accordance to the approved development and improvement plans. The developer will dedicate to the Town of Marana all necessary rights-of-way for Clark Farms Boulevard with the final block plat or upon request of the Town. Sewer and Water This project will be served by extending the existing sewer system. The developer shall prepare, at the developer's sole expense, a Sewer Master Plan prior to recordation of the final block plat for the property. The Sewer Master Plan will define the necessary wastewater conveyance scheme to connect to the existing system in a location acceptable to the entity responsible for wastewater management. The Sewer Master Plan shall also identify the necessary on-site conveyance scheme to provide sewer connection to all of the platted lots or blocks within the property. The Sewer Master Plan shall include a sewer phasing plan that is acceptable to the entity responsible for wastewater management. The Developer must prepare a Water Master Plan for the property and must enter into a Water Service Agreement with the Marana Municipal Water Company (MMWC) prior to the approval of the final block plat. This agreement will address potable and non-potable systems which sets forth the various agreements of the parties relating to, among other things, the interconnection and main extension from the existing water system, and the development, construction, dedication, ownership, and design of the water system, including necessary storage and well(s) necessary to serve the Property. The parties intend that MMWC will own the potable and non- potable water systems, that MMWC will provide potable water service to the property, and that either MMWC or other water provider will supply non-potable water service to the property (through the non-potable water system constructed by the developer and dedicated to MMWC. The Water Service Agreement must be in place prior to the approval of the master water plan. -2- Cultural Resources This site has been surveyed and the Town's Cultural Resource Manager agrees with the findings of SWCA Environmental Consultants that no further archaeological work needs to be done. Fire Protection This site is currently in the Northwest Fire Districts service area. Desien Standards Within the Specific Plan Sections VI and VII provide the design guidelines for this project which are the regulatory requirements for the proposed specific plan. These guidelines provide development standards and other criteria to evaluate and direct the planning and design within the project area. The applicant has prepared a table of what the differences are between the adopted Commercial Design Standards and what they are proposing. Staff finds that the proposed differences are appropriate to provide some enhanced design capabilities and has no objections to the proposed differences to the standards. Citizen Participation The applicant has scheduled a neighborhood meeting on November 8, 2007 in order to obtain citizen input and keep the neighbors informed of the project. The public hearing for this case was properly advertised and the appropriate surrounding property owners were notified. As of the date of this report, no additional public comments have been received. Waiver of Potential Arizona Property Rh!hts Protection Act ComlDensation Claims To protect the Town against potential claims filed under the Arizona Property Rights Protection Act as a result of changes in the land use laws that apply to the rezoning areas by the Town's adoption of this ordinance, staff requires the applicant waive any rights to compensation for diminution in value by execution and recordation of the attached waiver instrument: the Consent to Conditions of Rezoning and Waiver of Claims for Possible Diminution of Value Resulting from Town of Marana. Ordinance No. 2008.01. Ordinance No. 2008.01 is not operative unless and until the applicant waives any potential compensation claims. If the applicant doesn't forward the waiver in time to record it within 90 days after the ordinance is passed, the ordinance becomes null and void, as if no action were ever taken to pass the ordinance. ATTACHMENTS Summary application, location map and specific plan document. RECOMMENDATION Staff recommends approval of The Shops at Tangerine and I- 10 Motorplex at Tangerine Specific Plan subject to the conditions below. -3- RECOMMENDED CONDITIONS OF APPROVAL Compliance with all applicable provisions of the Town's Codes, and Ordinances current at the time of any subsequent development including, but not limited to, requirements for public improvements. 2. Prior to issuance of a Certificate of Occupancy for up to 450,000 square feet of commercial/office development and 40 acres of auto mall, the Developer shall: Pay to the Town of Marana the costs for the approved design and construction of the additional Tangerine Farms Road improvements as specified in the letter dated November 14, 2007 from Hunter Contracting Company to the Town of Marana, and as already in design and construction by the Town. Design and Construct the frontage road and ramp improvements at the existing Tangerine Road interchange, as required by the Town-accepted Kimley Horn Traffic Impact Analysis dated November 24, 2006. In no event shall the Developer's financial contribution for the above two items exceed $1.5 million. If the construction costs for the above two items exceeds the current estimates, the Town Director of Public Works and the Deputy Town Manager shall have the authority to work with the Developer to determine the reasons for those increases and the funding sources to finance those increases. 3. In addition, prior to any Certification of Occupancy issued after the initial 450,000 square feet of commercial/office development and 40 acres of auto mall, the Developer shall commission and pay for a new Traffic Impact Analysis, which shall be approved by the Town, identifying additional traffic improvements that shall be in place. The Developer shall be required to pay its proportional share of those additional traffic improvements, and may seek appropriate reimbursement for costs advanced through a development agreement with the Town. If a replacement Tangerine Road/1-10 interchange is going to be constructed, the Developer and the Town shall negotiate a separate financial/development agreement prior to issuance of any Certification of Occupancy. 4. Change the discussion of Public Art within section VI of the specific plan to state Public Art "shall" be required. The following language is recommended and was used within the Tangerine Commerce Park Specific Plan: All buildings larger than 50,000 square feet shall provided public art. Adjacent property owners are encouraged to develop shared artwork, especially within any shared plaza areas. Artwork should reflect the "Southwest" heritage of the area. Artwork should be located so that it is reasonably visible or accessible to the public from a major road, open space area or building entrance. 5. The conceptual development site plan as presented to the Council by the Developer shall be included in the final specific plan document. 6. The property owner shall not cause any lot split of any kind without the written consent of the Town of Marana. -4- 7. No approval, permit or authorization by the Town of Marana authorizes violation of any federal or state law or regulation or relieves the applicant or the land owner from responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. Appropriate experts should be retained and appropriate federal and state agencies should be consulted to determine any action necessary to assure compliance with applicable laws and regulations. 8. The Developer shall dedicate, or cause to have dedicated, the necessary rights-of-way for Clark Farms Boulevard with the final block plat or upon request of the Town. 9. A water service agreement and a master water plan must be submitted by the Developer and accepted by the Utilities Director prior to the approval of the final block plat, by the Town Council. 10. A sewer service agreement and master sewer plan must be. submitted by the Developer and accepted by the entity responsible for wastewater management and the Town Engineer prior to the approval of the final block plat by the Town Council. 11. Installation of a non-potable system shall be required to serve the common open space areas and other landscaped amenities, as accepted by the Town of Marana. 12. If it is determined that such rights exist on the Property and are owned by the Developer at the time of final plat, the property owner shall transfer with the final plat, by the appropriate Arizona Department of Water Resources form, those water rights being IGR, Type I or Type 11 to the Town of Marana for the Town providing designation of assured water supply and water service to the Property. If Type I or Type 11 is needed on the Property, the Town and developer/landowner shall arrive at an agreeable solution to the use of those water rights appurtenant to the Property. 13. Prior to the issuance of a building permit and pursuant to Marana Ordinance No. 99.02 the property owner(s) within the Lower Santa Cruz River Levee Benefit Area shall enter into a Development Agreement with the Town of Marana. to reimburse the Town for this project's proportionate share for the cost of construction of the levee. 14. Minor grammar and technical changes as required by the Town of Marana shall be made to The Shops at Tangerine and 1-10 Motorplex at Tangerine Specific Plan prior to Final copies being copied. 15. The developer shall record an avigation easement with the recording of the final block plat or by separate instrument if a plat is not processed. 16. The Master Developer shall submit an annual report within 30 days of the anniversary of the Town Council's approval of the Specific Plan in addition to those requirements listed in the Land Development Code. 17. Development of the Property shall comply with all FEMA requirements, including any that eventually become effective in relation to FEMA's September 17, 2007 draft "Pima County Levee Failure Analysis" floodplain map, which proposes a change in the floodplain designation of an area that includes the Property. -5- 18. Upon adoption of the ordinance by the Mayor and Council approving The Shops at Tangerine and 1-10 Motorplex at Tangerine Specific Plan, the applicant shall provide the planning department with the following final edition of The Shops at Tangerine and 1-10 Motorplex at Tangerine Specific Plan: one non-bound original; forty bound copies; and, one digital copy in Microsoft Word or other acceptable format, within sixty days of the recordation of the 207 Waiver. SUGGESTED MOTION I move to approve Ordinance No. 2008.01, adopting The Shops at Tangerine and 1-10 Motorplex at Tangerine Specific Plan with conditions. -6- MARANA ORDINANCE NO. 2008.01 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A REZONING TO CREATE THE SHOPS AT TANGERINE AND 1-10 MOTORPLEX AT TANGERINE SPECIFIC PLAN. WHEREAS, Westcor Marana LLC, the property owners of approximately 28 1 -acres of land located along the west side of Interstate 10, north of Tangerine Road within a portion of Section 36, Township I I South, Range I I East, as depicted on Exhibit "A", attached hereto and incorporated herein by this reference; and, WHEREAS, the Marana Planning Commission held a public hearing on November 14,2007, and at said meeting voted unanimously to recommend that the Town Council approve said rezoning, adopting the recommended conditions; and, WHEREAS, the Marana Town Council heard from representatives of the owner, staff and members of the public at the regular Town Council meeting held January 8, 2008 and has determined that the rezoning meets the criteria for a minor amendment to the General Plan, changing the land use designation from Corridor Commerce to Master Planning Area, and should be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. A minor amendment to the General Plan of approximately 28 1 -acres of land located along the west side of Interstate 10, north of Tangerine Road within a portion of Section 36, Township 11 South, Range 11 East, changing the General Plan designation from Corridor Commerce to Master Planning Area. Section 2. The zoning of approximately 28 1 -acres of land located along the west side of Interstate 10, north of Tangerine Road within a portion of Section 3 6, Township I I South, Range I I East (the "Rezoning Area"), is hereby changed from the " E " (Transportation Corridor), '.'B " (Medium Lot) and "C" (Large Lot) zones to "F" (Specific Plan) creating The Shops at Tangerine and 1-10 Motorplex at Tangerine Specific Plan. Section 3. The purpose of this rezoning is to allow the use of the Rezoning Area for variety of commercial/retail and auto related uses, subject to the following conditions, the violation of which shall be treated in the same manner as a violation of the Town of Marana Land Development Code (but which shall not cause a reversion of this rezoning ordinance): Marana Ordinance No. 2008.01 Compliance with all applicable provisions of the Town's Codes, and Ordinances current at the time of any subsequent development including, but not limited to, requirements for public improvements. 2. Prior to issuance of a Certificate of Occupancy for up to 450,000 square feet of commercial/office development and 40 acres of auto mall, the Developer shall: Pay to the Town of Marana the costs for the approved design and construction of the additional Tangerine Farms Road improvements as specified in the letter dated November 14, 2007 from Hunter Contracting Company to the Town of Marana, and as already in design and construction by the Town. Design and Construct the frontage road and ramp improvements at the existing Tangerine Road interchange, as required by the Town-accepted Kimley Horn Traffic Impact Analysis dated November 24, 2006. In no event shall the Developer's financial contribution for the above two items exceed $1.5 million. If the construction costs for the above two items exceeds the current estimates, the Town Director of Public Works and the Deputy Town Manager shall have the authority to work with the Developer to determine the reasons for those increases and the funding sources to finance those increases. 3. In addition, prior to any Certification of Occupancy issued after the initial 450,000 square feet of commercial/office development and 40 acres of auto mall, the Developer shall commission and pay for a new Traffic Impact Analysis, which shall be approved by the Town, identifying additional traffic improvements that shall be in place. The Developer shall be required to pay its proportional share of those additional traffic improvements, and may seek appropriate reimbursement for costs advanced through a development agreement with the Town. If a replacement Tangerine Road/1-10 interchange is going to be constructed, the Developer and the Town shall negotiate a separate financial/development agreement prior to issuance of any Certification of Occupancy. 4. Change the discussion of Public Art within section VI of the specific plan to state Public Art "shall" be required. The following language is recommended and was used within the Tangerine Commerce Park Specific Plan: All buildings larger than 50,000 square feet shall provided public art. Adjacent property owners are encouraged to develop shared artwork, especially within any shared plaza areas. Artwork should reflect the "Southwest" heritage of the area. Artwork should be located so that it is reasonably visible or accessible to the public from a major road, open space area or building entrance. 5. The conceptual development site plan as presented to the Council by the Developer shall be included in the final specific plan document. 6. The property owner shall not cause any lot split of any kind without the written consent of the Town of Marana. Marana Ordinance No. 2008.01 7. No approval, permit or authorization by the Town of Marana authorizes violation of any federal or state law or regulation or relieves the applicant or the land owner from responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. Appropriate experts should be retained and appropriate federal and state agencies should be consulted to determine any action necessary to assure compliance with applicable laws and regulations. 8. The Developer shall dedicate, or cause to have dedicated, the necessary rights-of-way for Clark Farms Boulevard with the final block plat or upon request of the Town. 9. A water service agreement and a master water plan must be submitted by the Developer and accepted by the Utilities Director prior to the approval of the final block plat, by the Town Council. 10. A sewer service agreement and master sewer plan must be submitted by the Developer and accepted by the entity responsible for wastewater management and the Town Engineer prior to the approval of the final block plat by the Town Council. 11. Installation of a non-potable system shall be required to serve the common open space areas and other landscaped amenities, as accepted by the Town of Marana. 12. If it is determined that such rights exist on the Property and are owned by the Developer at the time of final plat, the property owner shall transfer with the final plat, by the appropriate Arizona Department of Water Resources form, those water rights being IGR, Type I or Type II to the Town of Marana for the Town providing designation of assured water supply and water service to the Property. If Type I or Type Il is needed on the Property, the Town and developer/landowner shall arrive at an agreeable solution to the use of those water rights appurtenant to the Property. 13. Prior to the issuance of a building permit and pursuant to Marana Ordinance No. 99.02 the property owner(s) within the Lower Santa Cruz River Levee Benefit Area shall enter into a Development Agreement with the Town of Marana to reimburse the Town for this project's proportionate share for the cost of construction of the levee. 14. Minor grammar and technical changes as required by the Town of Marana shall be made to The Shops at Tangerine and 1-10 Motorplex at Tangerine Specific Plan prior to Final copies being copied. 15. The developer shall record an avigation easement with the recording of the final block plat or by separate instrument if a plat is not processed. 16. The Master Developer shall submit an annual report within 30 days of the anniversary of the Town Council's approval of the Specific Plan in addition to those requirements listed in the Land Development Code. 17. Development of the Property shall comply with all FEMA requirements, including any that eventually become effective in relation to FEMA's September 17, 2007 draft "Pima County Levee Failure Analysis" floodplain map, which proposes a change in the floodplain designation of an area that includes the Property. 18. Upon adoption of the ordinance by the Mayor and Council approving The Shops at Tangerine and I-10 Motorplex at Tangerine Specific Plan, the applicant shall provide the Marana Ordinance No. 2008.01 planning department with the following final edition of The Shops at Tangerine and I-10 Motorplex at Tangerine Specific Plan: one non-bound original; forty bound copies; and, one digital copy in Microsoft Word or other acceptable format, within sixty days of the recordation of the 207 Waiver. Section 4. This Ordinance shall be treated as having been adopted and the 30-day referendum period established by Arizona Revised Statutes section ("A.R.S. §") 19-142(D) shall begin when the Town files with the county recorder an instrument (in a form acceptable to the Town Attorney), executed by the Developer and any other party having any title interest in the Rezoning Area, that waives any potential claims against the Town under the Arizona Property Rights Protection Act (A.R.S. § 12-1131 et seq., and specifically A.R.S. § 12-1134) resulting from changes in the land use laws that apply to the Rezoning Area as a result of the Town's adoption of this Ordinance. If this waiver instrument is not recorded within 90 calendar days after the motion approving this Ordinance, this Ordinance shall be void and of no force and effect. Section 5. All Ordinances, Resolutions and Motions and parts of Ordinances, Resolutions, and Motions of the Marana Town Council in conflict with the provisions of this Ordinance are hereby repealed, effective as of the effective date of Ordinance No. 2008.01. Section6. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 8t" day of January, 2008. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Ordinance No. 2008.01 The Shops at Tangerine & 1-10 Motorplex at Tangerine Specific Plan - Appendix C. Legal Description FIRST AMERICAN TTI7LE INSURANCE COMPANY Exhibit A That portion of Section 36, Township 11 South, Range 11 East, Gila and Salt River Base and Meridian, Pima County, Arizona, lying Southwesterly of those properties described in Docket 2000 at Page 547 and in Docket 2020 at Page 284; EXCEPT the South 65.00 feet of the Southeast quarter of said Section 36; EXCEPT the South 65.00 feet of the Southeast quarter of the Southwest quarter of said Section 36, excluding the West 52.00 feet of the South 65.00 feet of said Southeast quarter of the Southwest quarter, EXCEPT the South 44.00 feet of the West 52.00 feet of said Southeast quarter of the Southwest quarter; EXCEPT the South 44.00 feet of the Southwest quarter of the Southwest quarter of said Section 36; More particularly described as follows: COMMENCING at the Southeast corner of Section 36; THENCE North 00 degrees 42 minutes 58 seconds West, upon the Fast line of said Section 36, a distance of 42.46 feet to a point upon the Southwesterly line of that property described in Docket 2020 at Page 284; THENCE North 41 degrees 44 minutes 02 seconds West, upon said Southwesterly line, a distance of 29.96 feet to the POINT OF BEGINNING lying 65.00 feet Northerly of the South line of the Southeast quarter of Section 36, as monumented by a S/8" rebar tagged "RLS 18557"; THENCE South 89 degrees 27 minutes 19 seconds West, upon a line 6S.00 feet North of and parallel with waid South line of the Southeast quarter, a distance of 2,626.63 feet to a point on the North-South ceuterline of said Section 36, monumented by a 5/8" rebar tagged "RLS 18557"; THENCE South 89 degrees 27 minutes 45 seconds West, upon a line 65.00 feet North of and parallel with said South line of the Southeast quarter, a distance of 1,269.15 feet to a point 52.00 feet East of the West line of the Southeast quarter of the Southwest quarter, monumented by a 518" rebar tagged "RLS 18557"; THENCE South 00 degrees 36 minutes 56 seconds East, upon a line 52.00 feet East of and parallel with said West line of the Southeast quarter of the Southwest quarter, a distance of 21.00 feet to a point lying 44.00 feet North of the South line of the Southwest quarter, monumented by a 5/8" rebar tagged "RIS ISS57"; THENCE South 89 degrees 27 minutes 45 seconds West, upon a line 44.00 feet Northerly and parallel with the South line of the Southwest quarter of the Southwest quarter of Section 36, a distance of 1,373.10 feet to a point on the West line of Section 26, mounmented by a SM" rebar tagged "PUS IM7"; THENCE North 00 degrees 38 minutes 23 seconds West, upon the West line of Section 36, a distance of 2,601-04 feet to the West quarter comer of Section 36; THENCE North 00 degrees 38 minutes 15 seconds West, upon the West line of Section 36, a distance of 2,107." feet to the Northwest corner of that property described in Docket 2020 at Page 284, monumented by a 5/8" rebar tagged "RLS 18557"; ALTA Conuniunent Schedule B - Section 2 mm'" December*6, 2007 ENGINFERING COMPANY Page 172 The Shops at Tangerine & I-10 Motorplex at Tangerine Spec?flc Plan - Appendix C. Legal Description SCHEDULE B - Section 2 - Exceptions, Continued THENCE South 50 degrees 15 minutes 37 seconds Fast, upon the Southwesterly line of said property described in Docket 2020 at Page 284, a distance of 480.90 feet to a point monumented by a 5/8" rebar tagged "RIS 18557"; THENCE South SO degrees 15 minutes 43 seconds East, upon said Southwesterly line, a distance oe2,780.32 feet to a point on the East-West centerline of Section 36, being the Northwesterly comer of that property described in Docket 2000 at Page 547, monumented by a %" rebar tagged "RIS 4527"; THENCE South 50 degrees 15 minutes 47 seconds East, upon the Southwesterly tine of said property described in Docket 2000 at Page 547, a distance of 210.02 feet to the Southwesterly corner of said property, monumented by a 5/8" rebar tagged "RLS 18557"; THENCE South 50 degrees IS minutes 47 seconds Fast, upon the Southwesterly tine of said property described in Docket 2020 at Page 294, a distance of 1,207." feet to a point monumented by a %" rebar tagged "RILS 4527"; THENCE South 50 degrees 13 minutes 06 seconds East, upon the Southwesterly line of said property, a distance of 703.66 feet to a point monumented by a 5/8" rebar tagged "RLS 18557"; THENCE South 46 degrees 58 minutes 10 seconds East, upon the Southwesterly line of said property, a distance of 545.49 feet to a point monumented by a 518" rebar tagged "RIS lM7"; THENCE South 45 degrees 14 minutes 55 seconds East, upon the Southwestefly line of said pr9perty, a distance of 584.33 feet to a point monumented by a 5/8" rebar tagged "RLS 18557"; THENCE South 41 degrees 44 minutes 02 seconds East, upon the Southwesterly line of said property, a distance of 553.22 feet to the POINT OF BEGINNING. EXCEPT all percolating water reserved in Deed recorded in Book 314 of Deeds at Page 445; AND EXCEPT all coal, asphaltum, oil, gases? fertilizers, fossils, and other like substances, reserved in the Patent from the State of Arizona. FURTHER EXCEPT that portion conveyed to the Town of Nlarana of Tangerine Farms Road recorded in Docket 12837, page 5258. JV arbs 15, 18,21, & 23 offl" ENGINEERING COMPANY December-6,2007 Page 173 The Shops at Tangerine and I- 10 Motorplex at Tangerine Specific Plan exhibits are on file and available for viewing from 8:00 a.m. to 5:00 p.m. Monday through Friday excluding holidays, at the office of the Town Clerk, 115 5 5 W. Civic Center Drive, Marana, AZ 85653. 0 N TOWN COUNCIL 7 MEETING TowN OF MARANA 9 A 7 INFORMATION 120 MEETING DATE: January 8, 2008 AGENDATTEM: J. 2 TO: MAYOR AND COUNCIL FROM: Cedric Hay, Senior Assistant Town Attorney SUBJECT: Ordinance No. 2008.02: Relating to Real Estate; approving an ex- change of real property located at the intersection of Orange Grove and Thornydale Roads; authorizing the Mayor to execute a Real Estate Exchange Agreement and any deeds and other docu- ments necessary to accomplish the exchange; and declaring an emergency. DISCUSSION The Town has previously committed to the completion of the Thomydale Road: Orange Grove Road to CDO Wash project, number 2002-58(the Project) which will consist of reconstructing approximately 4,600 feet of Thornydale Road to six lanes from Orange Grove Road to CDO Wash. This includes intersection improvements east and west of Thomydale Road on Orange Grove Road, the addition of turn lanes, drainage improvements, and installation of traffic signals, roadway lighting, sound walls, and landscaping. To complete the Project it will be necessary for the Town to acquire additional right-of-way and construction easements on property that is cur- rently owned by Holland Real Estate LLC, a Colorado limited liability company (Holland). This property is on the Northeast comer of Thomydale and Orange Grove Roads. Holland has agreed to accept an exchange of property in the immediate vicinity and currently owned by the Town in lieu of just compensation. The exchange of lands as set forth in the document entitled "Real Es- tate Exchange Agreement" and is presented to the Mayor and Council concurrently with this Or- dinance. This Ordinance and property exchange is authorized pursuant to A.R.S. § 9-407 and authorizes the Mayor to execute the agreement and any other necessary documents necessary to effect the exchange. FINANCIAL IMPLICATIONS None RECOMMENDATION Staff recommends adoption of Ordinance No. 2008.02, approving and authorizing the execution of the Real Estate Exchange Agreement. SUGGESTED MOTION I move to adopt Ordinance No. 2008.02. tOO007396.DOCI) CIH 1212110 7 MARANA ORDINANCE NO. 2008.02 RELATING TO REAL ESTATE; APPROVING AN EXCHANGE OF REAL PROPERTY LOCATED AT THE INTERSECTION OF ORANGE GROVE AND THORNYDALE ROADS; AUTHORIZING THE MAYOR TO EXECUTE A REAL ESTATE EXCHANGE AGREEMENT AND ANY DEEDS AND OTHER DOCUMENTS NECESSARY TO ACCOMPLISH THE EXCHANGE; AND DECLARING AN EMERGENCY. WHEREAS the Town of Marana has begun construction of the Thornydale Road: Orange Grove Road to CDO Wash project, number 2002-58 (the Project) which will consist of recon- structing approximately 4,600 feet of Thornydale Road to six lanes from Orange Grove Road to CDO Wash; and WHEREAS the Town needs additional right-of-way and a temporary construction ease- ment at the intersection of Orange Grove and Thornydale Roads to complete the Project; and WHEREAS the owner of the property the Town needs is willing to trade the land to the Town in exchange for a Town-owned parcel in the immediate vicinity; and WHEREAS the properties being exchanged are specifically described and mapped on the exhibits attached to the Real Estate Exchange Agreement; and WHEREAS the property owner has agreed to pay the Town additional compensation so that the parcels of land being exchanged are of substantially equal value; and WHEREAS A.R.S. § 9-407 requires land exchanges to be authorized by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, SECTION 1. The exchange of lands as set forth in the document entitled "Real Estate Exchange Agreement" presented to the Mayor and Council concurrently with this Ordinance and attached as Exhibit A is hereby authorized pursuant to the terms and conditions set forth in that Agreement. SECTION 2. The Mayor is hereby authorized and directed to execute, and the Town Clerk is hereby authorized and directed to attest to, any and all documents necessary to effectuate the above-contemplated transaction for and on behalf of the Town of Marana. SECTION 3. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance. SECTION 4. BE IT FURTHER RESOLVED THAT since it is necessary for the preser- vation of the peace, health and safety of the Town of Marana that this resolution become imme- (00007398.DOCI) diately effective, an emergency is hereby declared to exist, and this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 8th day of January, 2008. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney (00007398.DOC /HO0000227.DOC 2 REAL ESTATE ExcHANGE AGREEMENT THIS AGREEMENT ("Agreement"') is made and entered into by and between THE TOWN OF MARANA, an Arizona municipal corporation (the "Town") and Holland Real Estate LLC, a Colo- rado limited liability company ("Holland"). The Town and Holland are sometimes collectively referred to as the "Parties," either of which is sometimes individually referred to as a "Party. 91 RECITALS A. Holland owns. the property described in Exhibit A and B as shown on Exhibits A- I and 13- 1, attached to and incorporated by this reference in this Agreement. The property is needed as public fights-of-way and a temporary construction easement for the Thomydale Road Project (the "Needed Property"), currently identified as a portion of Pima County Assessor's parcel number 101-03-91.8A. B. The Town owns a portion of the Thornydale Road right-of-way more particularly de- scribed in Exhibit C and shown on Exhibit C-1, attached to and incorporated by this reference in this Agreement (the "Town Property"). C. The Town is willing to transfer title to the Town Property to Holland in exchange for the needed rights-of-way and temporary construction easement, and Holland is willing to accept the exchange in satisfaction of the right to receive just compensation. D. The exchange of property and property rights contemplated by this Agreement is author- ized pursuant to A.R.S. § 9-407, the procedural requirements of which will have been satisfied by the Town prior to or concurrently with the Town's approval and execution of this Agreement. AGREEMENT NOW, THE-RUORE, in consideration of the foregoing premises and the mutual covenants set f'orth in this Agreement, the Parties hereby agree as follows: 1. 1--l-challge qfklild filld propert)! interests. The Parties Will complete the following ex- change of land and properly interests: (A) 7he Toii:n to Holland. The Town shall transfer title of the Town Property to Holland through an Escrow Account, with closing of Escrow upon recordation of the Notice of Com- pletion for the Thomydale Road Project No. 2002-58. (B) Holland to the Toivn. Holland shall transfer title of the Needed Property to the Town through an Escrow Account with closing of Escrow to be no more than 60 days from the date of acceptance of this Agreement by the Town Mayor and Council. _MMF 911912007 12:54:14 PM Page I qf 3 2. Conjit-incition qfjust cotnl.2ensalion. In addition to receipt of the Needed Property, Holland sliall provide payment in the amount of $18,395.40 to the Town as Just Compensation for the Town Property 3. Nolic.-Cs. All notices, requests and other communications under this Agreement shall be given in writing and either (i) personally served on the party to whom it is given, or (11) mailed by registered or certified mail, postage prepaid, return receipt requested, or (iii) sent by private overnight courier such as Federal Express or Airborne, or (iv) transmitted by facsimile (provided that a confirming copy of the facsimile transmission is mailed on the date of such transmission), addressed as follows: If to the Town: TOWN OF MARANA 1155 5 W. Civic Center Dr. Marana, Arizona 85653-9723 (520) 382-1900 Fax (520) 382-1945 If to Holland Real Estate LLC: C/o LEWIS & ROCA LLP One South Church Ave., Suite 700 Tucson, Arizona 85701-1611 Attn: Frank Bangs (520) 622-2090 Fax (520) 879-4701 All notices shall be deemed given when delivered or transmitted by facsimile or, if mailed as provided above, on the second day after the day of mailing, and if sent by overnight courier, on the next day after the date of deposit with the courier. Any party may change its address for the receipt of notices at any time by giving written notice thereof to the other parties in accordance with the terms of this section. The inability to deliver notice because of a changed address of which no notice was given, or rejection or other refusal to accept any notice, shall be deemed to be the effiective receipt of the notice as of the date of such inability to deliver or rejection or rellisal to accept. 4. Misceffinteous. (A) This Agreement may not be modified except In a writing signed by the Parties. (B) Time is of the essence of this Agreement. (C) This Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona, and any lawsuit to enforce any provision of this Agreement or to obtain any remedy with respect to this Agreement shall be brought in the Pima County Superior Court, and for this purpose the Parties expressly and irrevocably consent to the jurisdiction of the Pima County Superior Court. (D) Ifeither of the Parties fails to perforin any of its obligations under this Agreement or if a dispute arises concerning the meaning or interpretation of any provision of this MMF 911912007 12:54:14 PAI Page 2 oJ'3 Agreement, the defaulting party or the party not prevailing in the dispute, as the case may be, shall pay any and all costs and expenses incurred by the other party in enforcing or establishing its rights under this Agreement, including, without limitation, court costs and reasonable attorneys' fees. (E) The captions and section numbers appearing in this Agreement are inserted only as a matter of convenience, and do not define, limit, construe or describe the scope or in- tent of such sections or articles of this Agreement. (F) This Agreement may be executed in multiple counterparts, each of which shall, for all purposes, be deemed an original and all of which, taken together, shall constitute one and the same agreement. (G) This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors in interest and assigns; provided, however, that no assignment of this Agreement shall in any way relieve the assignor of its obligations under this Agreement. (H) This Agreement is subject to A.R.S. § 38-511, which provides for cancellation of contracts in certain instances involving conflicts of interest. (1) Exhibits referred to in this Agreement are attached to and incorporated by refer- ence as if set forth in full in this Agreement. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the last date set forth below their respective signatures. TowN: Ti IF TOWN OF: MARANA, an Arizona munici- pal corporation By: -_ Ed Honea, Mayor Date: AT'rFs-r: .10celvii C. Bronson. Clerk APPROVE-D AS To FORM: Frank Cassidy, Town Attorney HOLLAND: HOLLAND limited Ii 13 Name: Title:---.,o Date: MUF 911912007 12:54:14 PM Page 3 q J'3 Exhibit A Desc, . ipflon of Right-of-Way Acquisition from Richard W. Holland Tax Parcel 101 -03-918A A portion of that.parcel of.land recorded at Docket 11416, Page 1518., in Pima County, Arizona, being also A portion of Lot 2 of Orange Grove Mercado, recorded. at Book 33,. Page 18, of Maps and PlatsIn Pima Countyi Arizona, being also a portion.of Section 5, Township. 13 South, Range 13 East,Gila and Salt River Meridian, Pima County, Arizona, being.more particularly described.as follows: Commencing at the Southwest comer of said Section 5, marked by a brass cap in casting, from which the. South 14 comer of said Section 5, marked by a 2 inch brass cap in concrete,. lies South 880-46-38" East 2635.93 feet distant; thence, along the South line of the Southwest Quarter of said Section 5, South 89046'-38" East, 212.15 feet; thence, North 000-1 V-22" East, 75.00 feet to the Southeast corner of said Lot 2; thence, along the East lirro of said Lot 2, North 0 1 1-59'-54" West, 10.03 feet to the point of beginning, being the Northbast comer of that parcel recorded at Docket 73,58, Page 469, in Pima' County, Arizona, marked by a chiseled x; thence, North 890-46-38" West, 73.70 feet to an angle point in said parcel recorded at said.Docket 7358, Page 469, from which a 44 rebar lies North 6011-4l'-00" West, 30.87 feet distant; thence, North 600-4 V-00" West, 5.76 feet; thence, South 890-46'-.3,8 East, 78.62 feet to the East line of said Lot 2; thence, South 01"-59'-54". East, 2.,80. feet to the.point of beginning, containing approximately 21.3 square feet. The Basis of Bearing is the South line of the Southwest Quarter of said Section 5, being South 690-1 46'??8". East as. recorded at Book 33, Page 62 of Records of Surveys in Pima County. Page 1 of 2 R0W`#8 26745 VANWA E:\0401\OOWOW\Iegals\sht,83\rowg.DOC 12/14/2005 - -------------------- Ld z HOLLAND MHARD W. DAT 1141& PACE 1518 fXHr-0F-WAY 0#90SS AREA - MJ26 $F AON TAKE - 213 SF 13.913 5F NET AREA NO. BEARIM , DISrANCE - V M SMMW F-V 9 -- a # FRO- w ? U67 L3 S BMWE 78.6e L4 S OrW54',r 2.110' SCALE: r mw 011 L3 L4 ........... ......... . . . . . ..... EXIS-TIA0 RICHT-OF-WAY ORANGE GROVE ROAD Exhibit A-1 use w wtvation of the Inftution in this instruml for Wher.thon The simific.puirpm for. Vitch It vw Exhibit sbowinQ the RiQht-of-Wp quiso ion #nfwww W4 for oiber, itm,the ?Iiint for Vm It tbs. y M 'it* - A Portion of Section 5.3ovinship 13 South, Range 13 East, oreWtil Is forbidden unless. mrommy WMtfftd In Gila. and olt River Meridian 6orn Holland, Richard W. vrifing in Ovowe by 114. 10MMING IMMATED, Tax Par6el-No.* 101?03-?918.A.. wd R.S. EIIIIINE11111161OWMA"llQ dwll hm no liability to any uqof.lrtls InfaiPlivilon without their, TOWN OF 'A A R S.. ENGI.N.E.ERING DEPARTMENT-OF OUBLIC'WORKS, CONS'.U.LTIIN G, 'E N,.G,.t N'?:K'E -R S TH Q-RN- ROVEMENT lacm ft"womp. ilr". . - 1 . .... . YDALE. ROAD( IMP— MUM 11716 4001 T01-H33 lim. is" I vjl-4i" MO WASH ORANGE GROVE TO, C - --------------- --- PA%J-0 OF 2 Exhibit B Description ofTemporaty. Construction Easement from Richard W.. Holland Tax Parcel 101-03-918A portion. of that parcel of, land. recorded at Docket 11416, Page.1,518, in Pima County., Arizona, being alsoa portion of Lot,2 of Orange Grove Mercado, recorded at Book 33, page 18, Of maps and Plati.in Pima County, Arizona, bein als of Section 5, Township. 13. South, Range g. o a portion 13 East,.Gillaand Soft River Meridian,, Pima County, Arizona, being more partIcularly.despribed.as follows: Commencing at.the Southwest comer of said Section 6, marked by a brass cap in casting, from Mich the South Y4 comer of said. Section 5, marked by a 2 inch. brass cap in concrete, lies South 880-46-38" East, 2635.93 feet. distant; thence, along the South line of the Southwest Quarter of said Section 5, South 89*46',38' East, 212.15 feet; thence, North 000-1 F-22" East, 75.00 feet to the Southeast comer of said Lot 2; thence, along the East line., of said Lot 2, North 01 0-59'-54" West, 10.03 feet to the Northeast comer of that parceltecor* at Docket 7358, Page 469, in Pima County, Arizona, marked by a chiseled x; thence, North 01 0-59'-54" West, 2.80 feet to the point of beginning; thence, North 890-46'-38" West, 78.62 feet; thence, North 600-41'-00" West, 4.48 feet; thence, South 890-46438" East, 82.46 feet to the East line of said. Lot 2 thence, South 019759'-.54" East, 2.18 feet to the intof beginning, contain,ingapproximately 175 po square feet? The Basis of.Bearing is the South line of the Southwest Quarter of said Section 5, being South 89c,- 46-38" East as recorded at Book 33,Page 62 of Records of Surve in Pima County. YS Page 1 of 2 .28746 TCE #32 KRIS VANWAG. F,:\0401\00.NROW\IegalsUht83\TCE32XOC 1 2/14/2 . 005 - - - - -------- mj MUMD, I?XNNW W.. Off. 11414 PXE &B GMSS AREA 14J26 SF z MW TAKE 93 Sr. N NET AREA - 13-99 SF 0 NO. BEAMMG, DISTANCE ZI N 894VNrIV LZ At C04rWW * 4.48' L3 S 8946WE 82.46' t4 s 0r5_W54* E 2J8' SCALE, r - 3(r * 32 TCE L3 L4 ",0,0 0- Po-& LZ LI EXISTING RIGHT-OF-WAY - ORANGE GROVE ROAD Exhibit B-1 InformtIon In this insirmni Ussor alteration of the s 'for othw ttm the spulf1c PLrpose for which It v6s Exhibit sho*ing the: Temporary Co it' ;ntmded om ior ottw than the citent for vm it M8 nstructionEosement Acquist ;on A Poetion* of Section 6, Township 13 South, Range 13 East. Vowed Is forblOdm unteli GxViisly Wafiitdj? Cho and tolt *River Metidi wiling In odvdm by LL ENGINEERING lKWORVED. an rom Holland, RiChWd W- -oM I.S. ENGINEERING WORM711) IMI I no" no, 7ax p6rcel Wo. 101-03, 914 liabi I Ity to ony. " thtt Irr~on Othmit Their. will. coramt. Egas -ENGINEERING TOWN.. OF. M - ARANA.... R..:.S..-EN.'G[N ER I NO.' DEPART-MIWT OF PUBLIC WORKS: §19 1. . 1: .. 1,1REE R C, 0 N t U L T fiq -G,- E N G,, s THOR 'YbALt :ROA0 OPROVEMENT -N' 246 WRTH TOCIN lwms?m. MCMI., MIMM 1171.9 15201m-"33. ral Ism 79MM.': ASH RANGE.. GROVE TO 0 CPO W Exhib it C Description of Proposed Right-of-Way for H-olland Real Estate LLC Tax Parcel 101-03-918A A portion of that parcel of land recorded at Docket 11416, Page 1518, in Pima County, Arizona, being also a portion of Lot 2 of Orange Grove Mercado, recorded at Book 33, Page 18, of Maps and Plats in Pima County, Arizona, being also a portion i of Section.5, Township 13 South, Range 13 East, Gila and Salt River Meridian, Pima County, Arizona, being more particularly described as follows: Commencing at the Southwest comer of said Section 5, marked by a brass cap in casting, from which the South 'A comer of said Section 5, marked by a 2 inch brass cap in concrete, lies South 890-46'-38" East, 2635.93 feet distant; thence, along the South line of the Southwest Quarter of said Section 5, South 890-46638" East, 212.15 feet; thence, North 000- 1 X-22" East, 75.00 feet to the Southeast comer of said Lot 2; thence, along the East line of said Lot 2, Noah 0 1 0-59'-5,V West, 10-03 feet to the Northeast comer of that parcel recorded at Docket 7358, Page 469, in Pima County, Arizona, marked by a chiseled x; thence, North 890-46'-3811 West, 73.70 feet to an angle point in said parcel recorded at said Docket 7358, Page 469, from which a #4 rebar lies North 600-4l'-00" West, 30.87 feet distant; thence, North 600-41'.OT West, 5.77 feet to the Point Of Beginning; thence, continuing North 600-41'-00" West, 25.10 feet; thence, North 020-00'-53" West, 94.64 feet; thence, North 070-45'-43" West, 29.23 feet; thence, South 88"-01'.23" West, 10.83 feet; thence, South 080-52'-20" East, 24.06 feet; thence, South 020-42'-26" East, 99.69 feet; thence, South 590-35'-51- East, 23.84 feet; thence, Sourth 890-46'-38" East, I 1 .00 feet to the point of beginning, said parcel containing 1404.77 square feet, more or less. E:\0401\00\ROW\Iegals\sht83\rowlO.DOC 7/18/2007 The Basis of Bearing is the South line of the Southwest Quarter of said Section 5, being South 89o- 46'-38" East at recorded at Book 33, Page 62 of Records of Surveys in Pima County. E:\0401\()O\ROW\Iegals\sht83\rowlO.DOC Page 2 of 2 ROW#10 7/18/2007 -EXISTM RIGHT-OFiVAY -L4 Q.j - 0 0 0? LJ z (r 0 r L5 PROPOSED ROW 1/0 L3 HOLLAND REAL ESTATE UC 0-03-*BA DKT 11416. PAGE 1518 GROSS AREA - 14J26 SF WN GAIN - 1,405 SF EXISrING NEr AREA - I-IL53/ SF WHT-OFWAY L2 L6 Ll Q-1 E POB SEC)'101V LINE S OZWXr E L7 L8 EXISrIArG RIGHT-OF-WAY ORANGE GROVE ROAD Sw COR.SSC 5 S 8T4638, E 212J5. SCALE: r - jo, Use or alteration *I the Information in this instrutneni for other than the specific purpose for which It was Intended and for other ffm the client for %ham it was Exhibit showing the pryoSed Right - of Woy prepared Is forbidden unless eRpressly permitted In for Hollond, R chord W . ox PorcelNo. 101-03-918A writing In advance by H.S. ENGINEERING IMPORATED, R S ENGINEERING CONSULTING ENGINEERS 140 NORTH Tucson BOULEVARD. TIANN. MIZONA 05116 31M ?11-3933 FAX. 15201 ?$"ADS 09 QRS VNINKRING 0 I - -- L-INEERING INCORMTED shal I hm no liability to oly use of this Information Without their written consent. (D RS ENGINEERING TOWN OF MARANA DEPARTMENT OF PUBLIC WORKS THORNYDALE ROAD IMPROVEMENT ORANGE GROVE TO CDO WASH TOWN COUNCIL MEETING TOWN OF MARANA 9 MARAN' 7 INFORMATION 1Z MEETING DATE: January 8, 2008 AGENDAITEM: J. 3 TO: MAYOR AND COUNCIL FROM: Kevin Kish, AICP, Planning Director SUBJECT: Resolution No. 2008-08: Relating to Development; removing from all applicable Gladden Farms plats the plat note regarding side yard fence returns. DISCUSSION Reques The developer Gladden Forest LLC and the Gladden Farms Homeowners Association request removal of the following plat note from all of the applicable Gladden Farms final plats that have been recorded: "The applicant shall provide the fence returns on the interior side yards towards the rear of the lot1home and install additional landscaping, as accepted by the Planning Director, between the street and thefence return. Histor The Gladden Farms development has been platted with a general note placed on the plats that restricts the location of the fence return, essentially limiting encroachment beyond the midpoint of the house. This has become a difficult restriction to manage not only with the Town but also with the homeowners association. Homeowners have requested that their fence returns be moved up for various reasons such as to meet rear garage doors that they had installed in order to have rear yard access to their garage or enclose a child's bedroom window into the rear yard for security or safety reasons. Requests such as these have been denied by the Town and the HOA. There have also been issues with homeowners extending their fences without permission or building the fence under the five feet height that requires a building permit. Staff understands the intent of this restriction was to give a wider, more open appearance between homes, but it is the findings of staff that the old and new versions of the residential design standards provide enhanced appearances of the homes. Staff also recognizes that this restriction has only been placed on the Gladden Farms development and no other housing project within the Town. Therefore, by removing this plat note the Town would not be allowing any additional privilege not all ready given to all other subdivisions. f 00007245.130C /) 010808 Gladden Plat Note Removal PCM-07118.doc Affected Plats Gladden Farms Blocks 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, 12, 17, 19, 18/20, and 21 are all of the blocks that had that general note placed on those plats. ATTACHMENTS Summary of application and letter of request. RECOMMENDATION Staff recommends approval of the plat note removal request. SUGGESTED MOTION I move to adopt Resolution No. 2008-08. 010808 Gladden Plat Note Removal PCM-07118.doc {00007245.DOC /)-2- MARANA RESOLUTION NO. 2008-08 RELATING TO DEVELOPMENT; REMOVING FROM ALL APPLICABLE GLADDEN FARMS PLATS THE PLAT NOTE REGARDING SIDE YARD FENCE RETURNS. WHEREAS various Gladden Farms subdivision plats include what is referred to in this resolution as the "Fence Return Plat Note" which requires the developer to "provide fence returns on the interior side yards towards the rear of the lot/home and install additional landscaping, as acceptable by the Planning Director, between the street and the fence return"; and WHEREAS Gladden Forest LLC and the Gladden Farms Homeowners Association have applied for the removal of the Fence Return Plat Note from the all applicable Gladden Farms plats; and WHEREAS the Marana Town Council has determined that the Fence Return Plat Note should be removed; and WHEREAS the Town has made a diligent effort to give direct mailed notice of the proposed Fence Return Plat Note removal to all owners of property within the subdivisions that have the Fence Return Plat Note. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, as follows: SECTION 1. The Fence Return Plat Note is hereby removed from the general notes of the following plats: Gladden Farms Block 1, Book 61 Page 26 (note # 18) Gladden Farms Block 2, Book 60 Page 12 (note #26) Gladden Farms Block 3, Book 58 Page 17 (note #29) Gladden Farms Block 4, Book 59 Page 18 (note #28) Gladden Farms Block 5, Book 58 Page 24 (note #25) Gladden Farms Block 6, Book 57 Page 96 (note #3 1) Gladden Farms Block 8, Book 61 Page 77 (note # 18) Gladden Farms Block 9, Book 61 Page 27 (note #18) Gladden Farms Block 10, Book 57 Page 97 (note #30) Gladden Farms Block 11, Book 57 Page 75 (note #40) Gladden Farms Block 12, Book 57 Page 61 (note #20) Gladden -Farms Block 17, Book 60 Page 21 (note #26) Gladden Farms Block 19, Book 61 Page 2 8 (note # 18) Gladden Farms Blocks 18/20, Book 60 Page 37 (note #26) Gladden Farms Block 21, Book 60 Page 35 (note #27) {00007244.DOC /) Marana Resolution No. 2008-09 SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of this resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 8th day of January, 2008. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Ed Honea, Mayor f 00007244.130C /) Marana Resolution No. 2008-09 mum J TOWN OF MARANA Planning Department 11555W. Civic CenterDr. Marana AZ 85653 (520) 382-2600 Fax: (520) 382-2639 PLANNING & ZONING APPLICATION L TNTE OF APPLICATION Wheck One) • Preliminary Plat o General Plan Amendment o Variance • Final Plat o Specific Plan Amendment o Conditional Use Permit • Development Plan o Rezone/Specific Plan ?&er(,Zr-JjAAL_ A)cq-?r pAQQQFa? ?,r_) • Landscape Plan o Significant Land Use Change • Native Plant Permit o Minor Land Division r nt ame o pp c??nt 3!gnatu Date I X:\SHARED FILES\Review Checklist\Application.doc May 2005 2.'GENERAL DATA QUIRED Assessor's Parcel Number(s) t-j General Plan Designation , (To be confirmed by staff) Gross Area (Acre/Sq. Ft.) J Current Zoning 1 (To be confirmed by staff) Development/Project Name Proposed Zoning /_3 A- Project Location _<<s- Description of Project Property Owner L U C Street Address V4?), city State Zip Code Phone Number Fax Number Address 0,?&- 3 '?ontact Person Phone Number L-),(- -J__ rJ Applicant OL Street Address I -Z S --:?? UL city State Zi Code Phone Number Fax Number E Mail Addre,%s Contact Person Phone Number L 22P) -'3-5 (o 2, Agent/Representative Street Add-ess city State Zip Code Phone Number Fax Number E-Mail Address Contact Person Town of Marana Business License No. 3. AUTHORIZATION OF PROPERTY OWNER 1, the undersigned, certify that all of the facts set forth in this application are true to the best of my knowledge and that I am either the owner of the property or that I have been authorized in writing by the owner to file this application and checklist. (If not owner of record, attach written authorization from the owner.) 0 V_? Pi N fA li ipQlj 'It - CR:;c /a 4) 1-90129- 0 7//,? ??, 'd // /0/d 7 C,AeUl ; /?71nO,711-001 A/. 61?? ___??7 GLADDEN FARMS October 30, 2007 Mr. Kevin Kish Planning Director Town of Marana Planning Department 115 5 5 West Civic Center Drive Building A2 Marana, AZ 85653-7003 RE. Gladden Farms Wall Returns Plat Note Waiver Dear Kevin: The Gladden Farms Homeowners Association would like to respectfully request that the Final Plat note regarding side yard fence returns be waived from the following recorded plats. Gladden Farms Block I Book 61 Page 26 note 4 18 Gladden Farms Block 2 Book 60 Page 12 note # 26 Gladden Farms Block 3 Book 58 Page 17 note # 29 Gladden Farms Block 4 Book 59 Page 18 note # 28 Gladden Farms Block 5 Book 58 Page 24 note 4 25 Gladden Farms Block 6 Book 57 Page 96 note # 31 Gladden Farms Block 8 Book 61 Page 77 note # 18 Gladden Farms Block 9 Book 61 Page 27 note # 18 Gladden Farms Block 10 Book 57 Page 97 notv # 30 Gladden Farms Block I I Book 57 Page 75 note # 40 Gladden Farms Block 12 Book 57 Page 61 note # 20 Gladden Farms Block 17 Book 60 Page 21 note # 26 Gladden Farms Block 19 Book 61 Page 28 note 4 18 Gladden Farms Block 18/20 Book 60 Page 37 note # 26 Gladden Farms Block 21 Book 60 Page 35 note # 27 We have had numerous requests from homeowners asking to be allowed to bring their side-yard fence returns forward of the midpoint of their home. Reasons for the requests are that homeowners would like more enclosed backyard area, they want more security by enclosing a child's bedroom window into the backyard, and they want to tie their garage "man-door" on the side of the house into the backyard. The note, which reads "THE APPLICANT S14ALL 333 E. Wetmore Rd., Suite 250 Tucson, Arizona 85705-1758 520.888.3962 fax 520.888.3198 Managing Partner Forest City Land Group PROVIDE THE FENCE RETURNSON THE INTERIOR SIDE YARDS TOWARDS THE REAR OF THE HOME AND INSTALL ADDITIONAL LANDSCAPING, AS ACCEPTED BY THE PLANNING DIRECTOR, BETWEEN THE STREET AND THE FENCE RETURN" was originally implemented in 2003 because blocks I I and 12 of Gladden Farms were to be built as subdivisions with all two story homes. The Town of Marana Planning Department and the developer felt that moving the fence returns towards the back of the house would give the neighborhood a more open feel. We feel that since the Town of Marana residentialdesign standards were updated in 2004 and again in 2005 to guarantee that the communities have a more open and varied feel, and that since all of the blocks in Gladden Farms were designed to the updated 2004 and 2005 standards, with no more than 50% of the homes in the subdivision being two stories, that the plat note should be waived from the aforementioned plats by the Town of Marana Planning Department and the Town of Marana Mayor and Council. Sincerely, OK RihI President Gladden Farms Homeowners Association Dean Wingert Senior Vice President Gladden Forest, LLC TOWN COUNCIL MEETING TOWN OF MARANA 9 RA 7 INFORMATION MEETING DATE: January 8, 2008 AGENDAITEM: J. 4 TO: MAYOR AND COUNCIL FROM: Keith Brann, P.E., CFM, Town Engineer SUBJECT: Resolution No. 2008-09: Relating to Development; authorizing staff to ent ' er into a contract with for the purpose of perforiming a detailed floodplain study of areas of the Town affected by the proposed FEMA remapping; and declaring an emergency. DISCUSSION The Federal Emergency Management Agency (FEMA) has issued draft floodplain maps showing their intended floodplain remapping of Marana by decertifying levee like structures including the CAP canal, Interstate-10, and the Union Pacific Railroad. The floodplain proposed by FEMA is not being done as part of a drainage study. On November 6, 2007 Council directed that Town staff conduct a large scale drainage study to show the actual drainage patterns and flood prone risks in these areas. Through an emergency procurement process, Town staff requested qualifications from three qualified drainage firms. Town staff also displayed the drainage study request for qualifications on its website and sent which sent out automatic notifications to subscribers for proposals. Town staff convened a review panel consisting of Town engineers, management, and an outside panelist from Pima County Regional Flood Control District to review the proposals. was the consulting firm selected by the review panel to perform this work. Based upon discussions, Town staff has agreed upon a phase I contract amount not to exceed - . Phase I work will generally consist of building the overall hydrologic model needed to show true flood hazard areas in the Town affected by the FEMA remapping and work towards the ultimate shaping of FEMA's floodplain maps. FINANCIAL IMPACT The study will be performed for an amount not to exceed $ Funding for the study is identified within the Marana drainage project budget (CIP# 2008-153-005). STAFF RECOMMENDATION Staff is recommending Council approval of the contract with large scale drainage study. SUGGESTED MOTION I move to approve Resolution No. 2008-09. for the Marana -2- MARANA RESOLUTION NO. 2008-09 RELATING TO DEVELOPMENT; AUTHORIZING STAFF TO ENTER INTO A CONTRACT WITH FOR THE PURPOSE OF PERFORMING A DETAILED FLOODPLAIN STUDY OF AREAS OF THE TOWN AFFECTED BY THE PROPOSED FEMA REMAPPING; AND DECLARING AN EMERGENCY. WHEREAS on September 17, 2007, the Federal Emergency Management Agency ("FEMA") issued draft "Pima County Levee Failure Analysis" floodplain maps, significantly increasing the Zone A floodplain in portions of Marana; and WHEREAS the revised maps disregard the flooding effects of any levee-like man-made feature which does not meet the technical requirements of a levee; and WHEREAS the Town believes that more detailed floodplain analysis of the affected areas using the best available science will show significantly lower flood hazards and smaller floodplains than is shown on the September 17, 2007 draft FEMA maps; and WHEREAS the Town staff has reviewed statements of qualifications from qualified firms to provide such a detailed analysis; and and WHEREAS the Town staff has selected to provide the detailed analysis; WHEREAS the Council finds that adoption of this resolution is in the best interest of the Town and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. The Town Manager and staff are hereby authorized to enter into a contract with for the amount not to exceed SECTION 2. BE IT FURTHER RESOLVED THAT since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, an emergency is hereby declared to exist, and this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 81h day of January, 2008. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Mayor Ed Honea fOO006667.DOC -2- N TOWN COUNCIL MEETING TOWN OF MARANA M N INFORMATION 70 MEETING DATE: January 8, 2008 AGENDAITEM: K. I TO: MAYOR AND COUNCIL FROM: Jocelyn C. Bronson, Town Clerk SUBJECT: Resolution No. 2008-10: Relating to Boards, Commissions and Committees; approving and authorizing the appointments of John Officer and Mike Lee as alternate citizen members of the Personnel Action Review Board DISCUSSION Currently, there are two vacant alternate citizen positions on the Personnel Action Review Board (PARB). These terms will expire August 20, 2010. The vacancies were posted on the Town's website and all applications were forwarded to the Manager's Review Committee. The Review Committee deten-nined that the eligibility requirements were met and forwarded the list of candidates to the Town Manager. The applications of John Officer and Mike Lee were received and notification was provided to the Town Manager and to the Mayor and Council. The appointments of John Officer and Mike Lee as alternate citizen members will complete the full Personnel Action Review Board. ATTACHMENTS Applications of John Officer and Mike Lee. RECOMMENDATION Staff recommends the appointments of John Officer and Mike Lee as alternate citizen members of the Personnel Action Review Board. SUGGESTED MOTION I move to approve Resolution No. 2008-10, approving the appointments of John Officer and Mike Lee as alternate citizen members of the Personnel Action Review Board for terms ending August 20, 2010. JCB/01/02/2008/9:45 AM MARANA RESOLUTION NO. 2008-10 RELATING TO BOARDS, COMMISSIONS AND COMMITTEES; APPROVING AND AUTHORIZING THE APPOINTMENTS OF JOHN OFFICER AND MIKE LEE AS ALTERNATE CITIZEN MEMBERS OF THE PERSONNEL ACTION REVIEW BOARD WHEREAS all Boards, Commissions and Committees were created by the Town Council to meet and advise the Council on concerns relating to the efficient operation of Town business for the betterment of citizens and the community; and WHEREAS the Council desires to have two alternate citizen and two alternate employee members available to serve on the five-member Board should any of the regular members be unavailable; and WHEREAS John Officer and Mike Lee have applied for appointment as the alternate citizen members of the Personnel Action Review Board; and WHEREAS the appointments of John Officer and Mike Lee will complete the necessary alternate member positions to the Personnel Action Review Board. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, as follows: THAT John Officer and Mike Lee are appointed to the Personnel Action Review Board with terms to expire August 20, 2010. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 8th day of January, 2008. ATTEST: Mayor ED HONEA Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Citizen Advisory Commission Application The citizen advisory commissions (CACS) were established to provide meaningful, timely and effective public participation, essential to successfully implementing Town of Marana policies, program and projects. A CAC is a tool that the Town uses to involve citizens, and/or project partners more directly in planning, program development and decision maldng. GACs may be formed for geographic or program areas, or to evaluate proposals for specific issues. If you are interested in serving on a CAC, please complete this application. The Town will use this information when considering appointments to CACs. Please note that the Town Is policy is to not share personal contact intiormation when requested by private or public entWes. However, this application is a public document and may be subject to public disclosure ff requested under the Arizona Public Records Law. In the past, the Town has received requests for lists of active committee members, including requests from media sources and political officials. ?First Name Mike Last Name Lee E-mail address ;m1leenlee@aol.com? Mailing Address Po box 89697 City 'Tucson State Arizona ZIP ?85752 :How many years have you lived at this address? ?,2 How many years have you lived in Marana? ?2 _ :Phone- Day ?465-4008 cell Phone - Home ,Occupation ?Semi-retired Employer n/a ?I am interested in serving on the personnel review board :Commission. r I am interested in serving on a commissio n for projects related to Arts Neighborhood Revitalization Business Districts F Economic Development/Jobs Parks, Trails, and Recreation Budget City Center Development Housing Water 17- 1 am currently, or have previously served on a CAC ?,Committee/Commission: n/a Dates: n/a :Committee/Commission: n/a Dates: n/a r- am currently, or have previously served on a board, committee, ;or commission of another public or private organization. ?,Committee: n/a Dates: n/a Describe your qualifications for serving on a CAC: I have owned and operated my on business for 27 years. Why you are interested in serving on a CAC?: I would like to become more involved in town activities Describe any other personal involvement in local community activities (e.g., civic club, service or fraternal orcianization, professional association, volunteer, etc.) Marana strives to establish commissions that reflect a variety of stakeholder interests and community diversity. Check all that apply. x Homeowner in Marana r Renter in Marana X Property owner in Marana F Business owner in Marana F Work in Marana Parent/guardian for school-aged children Othe?%y??, )u can contribute to the diversity of a group? What is your normal availability / preference for attending meetings? References: List two people who know about your qualifications and interest. IMPORTANT LEGAL INFORMATION AND REQUIREMENTS FOR COMMISSION MEMBERS Anyone appointed to a committee by the Town of Marana is a "Public Official" per Arizona law and a 'CAC Official" per the CAC Guide to Citizen Advisory Commissions; and is obligated to adhere to related standards of conduct and ethics. In particular, the Town of Marana needs to be aware of any actual or potential conflict of interest that could occur if you are appointed to a CAC. List any financial or ownership interest that you have or a relative has that will create a conflict of interest for you. This includes anything that you or a relative own or have a substantial financial stake in. There are several kinds of remote interests that do not create a conflict of interest and do not need to be included. For example, it is not a conflict of interest to participate in a decision about a corporation you or a relative own stock in, as long as you and/or your relatives own less than 3% of the shares of the corporation and get less than 5% of your and/or your relative's total annual income from it. It is also generally not a conflict of interest to participate in decisions about nonprofit corporations you volunteer for, a government entity you or a relative work for, your tenant or landlord, or a class of people that includes you. A relative includes your spouse, child, grandchild, parent, grandparent, sibling, their spouses, and your spouse's parent, sibling or child. If you have any questions about whether you or a relative have a financial or ownership interest that should be listed, please contact the Town Clerk or the Town Attorney. Name of Business Person with Interest 'Type of Interest Have any of the above businesses conducted any business (e.g., supplier of goods or services, contractor, consultant) with the Town of Marana in the past 24 months? ?X No. r Yes. Explain: L Are you, a relative, or any member of your household an employee of the Town of Marana? X No :r Yes. Explain: List by name any compensated lobbyist with whom you, or a relative, or a member of your household shares any direct economic interest such as a partnership, joint venture or similar business relationship. -none I affirm that all of the information contained in this application is true to the best of my knowledge, and that I understand that any misstatement of fact or misrepresentation of credentials may result in this application being disqualified from further consideration. I also agree to abide by the Town's Code of Conduct and notify the Marana Town Clerk of any changes to this information. - 12-1g,-02 Signature Date Citizen Advisory Commission Application The citizen advisory commissions (CACs) were established to provide meaningful, timely and effective public participation, essential to successfully implementing Town of Marana policies, program and projects. A CAC is a tool that the Town uses to involve citizens, and/or project partners more directly in planning, program development and decision making. CACs may be formed for geographic or program areas, or to evaluate proposals for specific issues. If you are interested in serving on a CAC, please complete this application. The Town will use this information when considering appointments to CACs. Please note that the Town's policy is to not share personal contact information when requested by private or public entities. However, this application is a public document and may be subject to public disclosure if requested under the Arizona Public Records Law. In the past, the Town has received requests for lists of active committee members, including requests from media sources and political officials. First Name Last Name E-mail address Mailing Address City State !ZIP :How many years have you lived at this i I F6 !address? 1- 0 FF-t c- er, ra_?6 6 f;2 - ?? C? k5o 3 W , 6 /Z_ Marana Arizona How many years have you lived in Marana? Phone- Day Phone - Home Occupation Employer Y/5 - 3-?O( ? 9? - A 115_? -el, M1 I am interested in serving on the r POAS 4 E,-cr'e-J[a,,? 4--_T'?',-, ( ? Commission. 1I am interested in serving on a commission for projects related to F Arts F Neighborhood Revitalization r Business Districts F Economic Development/Jobs Parks, Trails, and Recreation Budget F City Center Development F Housing I- Water r- I am currently, or have previously served on a CAC Committee/Commission: Dates: Committee/Commission: Dates: F- - I I r- I am currently, or have previously served on a board, committee, or commission of another public or private organization. Committee: Dates: F Describe your qualifications for serving on a CAC: e? C11r, "r"V I 0 W"e' 6-k Whv vou are interested in servino on a CAC?- k e Ip fll j 11 eA 10 L' I A AWA 2j--j 2? Describe any other personal involvement in local community activities (e.g., civic club, service or fraternal organization, professional association, volunteer, etc.) I'l --a - , ? U" C C. 0jf c /5 iLj 2? ?Marana strives to establish commissions that reflect a variety of stakeholder interests and community diversity. Check all that apply. Homeowner in Marana Renter in Marana Property owner in Marana Business owner in Marana Work in Marana Fr__'Parent/guardian for school-aged children Other ways you can contribute to the diversity of a group? What is your normal availability / preference for attending meetings? ---------- 7-- - - - --------- jAv ilable (check all that apply) Day of Week r rp" r- Monday Tuesday Wednesday F rz_?' r Thursday Friday Saturday ,Time of Day r Morning I- Afternoon rr---Evening i Hours per month r P__' 1 1-2 r 2-4 4-6 6-10 ??_Du_ra_tion (?f ServiceIr- F r- 6 Month 1 year 2 Year 2+ Years References: List two people who know about your qualifications and interest. ?Name i Address I iRelationship . . ........... Day Phone iName i I -___ _ ??dress 'keationshipl F Fj- t e.,, Day Phone I F ?/;Z Z15 IMPORTANT LEGAL INFORMATION AND REQUIREMENTS FOR COMMISSION MEMBERS Anyone appointed to a committee by the Town of Marana is a "Public Official" per Arizona law and a "CAC Official" per the CAC Guide to Citizen Advisory Commissions; and is obligated to adhere to related standards of conduct and ethics. In particular, the Town of Marana needs to be aware of any actual or potential conflict of interest that could occur if you are appointed to a CAC. List any financial or ownership interest that you have or a relative has that will create a conflict of interest for you. This includes anything that you or a relative own or have a substantial financial stake in. There are several kinds of remote interests that do not create a conflict of interest and do not need to be included. For example, it is not a conflict of interest to participate in a decision about a corporation you or a relative own stock in, as long as you and/or your relatives own less than 3% of the shares of the corporation and get less than 5% of your and/or your relative's total annual income from it. It is also generally not a conflict of interest to participate in decisions about nonprofit corporations you volunteer for, a government entity you or a relative work for, your tenant or landlord, or a class of people that includes you. A relative includes your spouse, child, grandchild, parent, grandparent, sibling, their spouses, and your spouse's parent, sibling or child. If you have any questions about whether you or a relative have a financial or ownership interest that should be listed, please contact the Town Clerk or the Town Attorney. 'Name of Business 1 person with interest jType of Interest F .............. ........ Have any of the above businesses conducted any business (e.g., supplier of goods or services, contractor, consultant) with the Town of Marana in the past 24 months? r No. <, ke 4or boq h ?-v Yes.-Expl-ain: Are you, a relative, or any member of your household an employee of the Town of Marana? ? No r Yes. Explain: LLJ List by name any compensated lobbyist with whom you, or a relative, or a member of your household shares any direct economic interest such as a partnership, joint venture or similar business relationship. I affirm that all of the information contained in this application is true to the best of my knowledge, and that I understand that any misstatement of fact or misrepresentation of credentials may result in this application being disqualified from further consideration. I also agree to abide by the Town's Code of Conduct and notify the Marana Town Clerk of any changes to this information. Sit(hature Date TOWN COUNCIL MEETING TOWN OF MARANA 9 MARMA 7 INFORMATION MEETING DATE: January 8, 2008 AGENDAITEM: K. 2 TO: MAYOR AND COUNCIL FROM: Jocelyn C. Bronson, Town Clerk SUBJECT: Resolution No. 2008-11: Relating to Boards, Commissions and Committees; approving and authorizing the establishment of the Police Citizen Advisory Commission DISCUSSION Marana continues to grow and mature on many levels. With this growth comes a commensurate increase in work load, primarily through staff and council activity. However, public participation has proved successful for municipalities, especially in formulating public policy and developing and maintaining innovative programs. Citizens of Marana increasingly seek opportunities to be more involved and contribute to their community. Programs such as CREW, the Citizens Policy Academy and VIPS have prepared many of our residents for more active roles in Marana government. Council has approved the formation of the Parks and Recreation Citizen Advisory Commission, the Affordable Housing Citizen Advisory Commission, the Utilities Advisory Commission, and the Business and Economic Development Citizen Advisory Commission. Staff is now asking Council to approve another commission to help in the prevention of crime and maintain a positive communication of trust and understanding in the community by establishing the Police Citizen Advisory Commission. A copy of the Police Citizen Advisory Commission description is attached. RECOMMENDATION Staff recommends the establishment of a 7-member Police Citizen Advisory Commission. ATTACHMENT Police Citizen Advisory Commission description. SUGGESTED MOTION I move to approve Resolution No. 2008-11, and direct the Town Clerk to begin advertising for qualified applicants to the Police Citizen Advisory Commission. MARANA RESOLUTION NO. 2008-11 RELATING TO BOARDS, COMMISSIONS AND COMMITTEES; APPROVING AND AUTHORIZING THE ESTABLISHMENT OF THE POLICE CITIZEN ADVISORY COMMISSION. WHEREAS, under Title 2-6-1 of the Marana Town Code, the Town Council is authorized to establish boards, committees and commissions; and WHEREAS, the establishment of the Police Citizen Advisory Commission will assist the Town Council by providing a community perspective and recommendations concerning programs and procedures that will promote the effectiveness of police services in the Town; and WHEREAS, the general mission of the Police Citizen Advisory Commission is to promote cooperation between the police department and the community. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Police Citizen Advisory Commission is hereby established. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 8th day of January, 2008. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney fOO000034.DOC /I JCB1118108 Police Citizen Advisory Commission Mission Statement It is the policy of the Town of Marana to foster and encourage a citizen/police partnership in the prevention of crime and to develop and maintain positive communications and mutual understanding and trust between the police and the community. The general mission of the Commission is to promote cooperation between the police department and the community. The Commission, in its diversity of composition and its functioning is intended to represent the external point of view of the citizens of Marana. Commission Organization The Police Citizen Advisory Commission is a seven-member citizen board that serves in an advisory capacity to the Mayor and Town Council. Commission members are appointed by the Town Council. Members must possess a reputation for fairness, integrity and responsibility and have demonstrated an active interest in public affairs and service. Only those persons who are legal residents of Marana or who own real property or are owners of a business located in Marana shall be eligible to serve. Members may not be a current employee of any government body. No member shall have ever been convicted of a felony. Members must be able to serve for the full term of the appointment and attend meeting regularly. Members will serve without rerDulleration. Training After appointment to the Commission, voting members are required to attend the Citizens Police Academy OR the Citizen Resource and Education Workshop (CREW) within the first year of the appointment. Additional training/education will be provided annually after the first year of service, and each member is expected to participate. This training/education will include ride-alongs, with police officers (two- four hourq shifts per year) and other training directed toward law enforcement and the policies and procedures of tl,,ic police department. Goals of the Police Citizen AdN ison, Commission To review and ptov I de a community perspective and recommendations concerning programs and procedures and the effectivene?;s of the service provided by the police department. To enhance J)0liCe-C0111111LJfl1tV rclations To promote public a",arcn?.?s oi I t I i e Town's police services and programs including but not limited to business ?nid residential,.;ommunity safety, crime prevention programs and general police activities. Limitation of Powers The Commission and its individual members shall NOT have the power or authority to: Independently investigate, review or otherwise participate in matters involving specific police personnel or specific police related incidents. Receive or stand in review of complaints initiated against personnel of the police department. Play any role in civil or criminal litigation. Conduct any activity which might constitute or be construed as a quasi-judicial review of police actions. Conduct any activity which might constitute or be construed as establishment of town policy. N 0 TOWN COUNCIL MEETING TOWN OF MARANA MARANA 7 INFORMATION MEETING DATE: January 8, 2008 AGENDAITEM: L. I TO: MAYOR AND COUNCIL FROM: Jane Fairall, Deputy Town Attorney Keith Brann, P.E., Town Engineer/Assistant Director of Public Works SUBJECT: Discussion and direction regarding proposed amend- ments to Title 12 (Traffic) of the Marana town code, regulating construction in town rights-of-way, establishing a permit process, providing penalties for violation and repealing the current uncodi- fied ordinance regulating construction in town rights-of-way. DISCUSSION In September 1991, the Town Council adopted Ordinance No. 91.21 (attached). The ordinance regulated construction in Town rights-of-way through two separate sets of regulations: one set for construction of public improvements in Town rights-of-way and one set for routine utility service connections and maintenance in Town rights-of-way. Ordinance No. 91.21 remains in effect; however, it was never codified and thus, does not appear in the Town Code. More re- cently, the Public Works Department adopted an addendum to Ordinance 91.21 (attached) which prescribed rules to be applied to roadway pavement cuts for pavement that is five years old or less. Approximately one year ago, Town staff, including members of the Public Works Department, Construction Management Division and Development Engineering Division, as well as the Legal Department, began a review of Ordinance No. 91.21. The attached proposed ordinance com- bines the two separate sets of regulations of Ordinance No. 91.21 into one comprehensive ordi- nance. The proposed ordinance also includes the regulations set forth in the addendum adopted by the Public Works Department. Adoption of the proposed ordinance would serve to repeal Or- dinance No. 91.21 to the extent it is inconsistent with the new proposal. Moreover, the new or- dinance would be included in Title 12 of the town code. The proposed ordinance requires all persons, contractors, utility companies, etc. to obtain a per- mit from the Town prior to doing any construction or other work in the Town's rights-of-ways. The permit requirement extends to all parties and all work, except for work done for Town pur- poses, using Town personnel and equipment. The ordinance sets forth the permit process, all construction requirements and all inspection requirements in great detail. Many of these provi- sions are substantially similar to the provisions in Ordinance No. 91.21, but vague language has been replaced with more specific language and procedures have been brought into conformity with actual practices of the Town. (00007417.DOCII JF 1212 710 7 Staff is proposing one major change to the ordinance. Currently, a violation of Ordinance No. 91.21 is a criminal offense, specifically a class I misdemeanor, punishable by a sentence of up to six months in jail, a $2500 fine and three years of probation. The proposed ordinance would make a violation a civil infraction, punishable by a fine established by the Council through adop- tion of the development services fee schedule. The most current fee schedule was adopted by Ordinance No. 2006.07 on April 4, 2006 and calls for a $1,500 fine for violations of the right-of- way ordinance. Staff proposes this change to better facilitate enforcement of the ordinance. The Town's right-of-way and construction inspectors are authorized to cite for civil violations only; any criminal offenses must be cited by the Police or the Town Prosecutor's Office. Changing the violation to a civil offense will allow the people who have the most knowledge of the require- ments of the ordinance, the inspectors, to issue citations in the field which will in turn lead to more accountability for offenders. Staff requests feedback and direction from Council concerning the proposed Traffic provisions. ATTACHMENTS 1. Draft of proposed new right-of-way ordinance 2. Ordinance No. 91.21 3. Roadway Moratorium Policies-Addendum to Ordinance 91.21 FINANCIAL IMPACT None REQUESTED ACTION Feedback and direction from Council at its discretion. SUGGESTED MOTION I move that we direct staff to bring back to the Council for adoption the proposed amendments to the town code Traffic provisions (Town Code Title 12). (00007417.DOCIJ -2- JF 1212 7/0 7 MARANA ORDINANCE NO. 2008.XX RELATING TO TRAFFIC; REGULATING CONSTRUCTION IN TOWN RIGHTS-OF-WAY; ESTABLISHING A PERMIT PROCESS; PROVIDING PENALITES FOR VIOLATION; AMENDING TITLE 12 OF THE MARANA TOWN CODE BY RENAMING TITLE 12; ADDING CHAPTER 12-7; RENUMBERING EXISTING CHAPTER 12-7; AND DECLARING AN EMERGENCY. WHEREAS the Town Council adopted ordinance 91.21, Regulations for Construction of Public Improvements in Town Rights-of-Way and Regrulations for Routine Utility Connections and Maintenance in Town Rights-of-Way, which ordinance was never repealed, but was not pre- viously codified in the Town Code; and WHEREAS the Town Council finds that rc%,lslon of the regulations for construction in Town rights-of-way as set forth in this ordinance is in the best interests of the Town and its resi- dents; and WHEREAS the continued use of the Town nights-of-?vay is necessary and beneficial to the citizens of the Town. NOW, THEREFORE-, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, a-, follows: SECTION 1. The title ol'Maranla Town Code Title 12 is hereby renamed "Traffic and Highways." SECTION 2. Title 12 of the Marana Town Code is hereby revised by renumbering exist- ing Chapter 12-7 as Chapter 12-8 and by adding new Chapter 12-7, as follows: Chapter 12-7 CONSTRUCTION IN TOWN RIGHTS-OF-WAY Section 12-7-1 Definitions A. The following definitions shall apply throughout this chapter unless the context clearly indicates otherwise. 1. "Applicant" means the owner of the firm, utility company or corporation whose facilities or equipment are the subject of the right-of-way permit ap- plication. 2. "Contractor" means the party doing the work. 3. "Emergency" means any condition which poses an immediate or imminent hazard to people or property. 100002903.130C / 6) JF 12127107 4. "Public improvement" includes, but is not limited to, grading, paving, and landscaping, as well as the construction of curbs, gutters, drainage facili- ties, sidewalks, paths, trails, irrigation, walls, driveways and berms. 5. "Right-of-way" means alleys, streets, thoroughfares, drainageways and drainage easements dedicated to the town or to the public and other ease- ments dedicated to the public. 6. "Town engineer" means the town engineer or the town engineer's author- ized representative. Section 12-7-2 Authority of town engineer The town engineer is appointed the duly authorized representative of the town, with full power and authority to authorize on behalf of the town and to supervise the use of the public rights-of-way of the town. Section 12-7-3 Permit required; exception A. Any person, contractor, firm, utility company or corporation desiring to dig any hole, drain, trench or ditch in any public right-of-way or desiring to construct, remove or change any public improvement in any public right-of-way, or desir- ing to cut, trench, pothole or excavate any public right-of-way, or desiring to use any public right-of-way for traffic control, construction haul routes, land- scape maintenance, maintenance of underground facilities or temporary park- ing shall first apply for and obtain a permit from the town engineer. B. A permit is not required for work done for municipal purposes, using town per- sonnel and equipment. Section 12-7-4 Applicability This chapter applies to all construction performed in town rights-of-way, as well as all other uses listed under section 12-7-3(A), including, but not limited to, the following: A. Routine service connections and maintenance work. B. Installation of utility distribution or collection systems and communications systems. C. Work done by other govemmental agencies and by public utilities. D. Work done for private development projects. E. Private homeowner encroachment in the right-of-way. Section 12-7-5 Permit process A. Application forms for permits required by this chapter shall be obtained from the town. Completed applications, accompanied by payment of all applicable permit fees, shall be submitted either by mail or in person to the town engi- neer. B. Before issuance of any permit, each applicant will be required to do all of the following: 1. Provide evidence of the applicant's right to use the public right-of-way, typi- cally by obtaining a town right-of-way license or franchise. 2. Furnish insurance in a form satisfactory to the town, indemnifying, defend- ing and holding harmless the town, its officers, departments, employees {00002903.DOC / 6) -2- JF 12127107 and agents from and against any and all suits, actions, legal or administra- tive proceedings, claims, demands or damages of any kind or nature, aris- ing out of the work under the permit, which are attributed to any act or omission of the applicant, its agents, employees or anyone acting under its direction, control or on its behalf. 3. Provide evidence that the contractor possesses an appropriate contractor's license issued by the Arizona registrar of contractors. 4. Submit a signed and approved contract showing the cost of the work, or submit a verifiable professional construction cost estimate. 5. Submit plans of the subject location and adjacent properties that a. Show existing surface conditions, including pavement, curbs, driveways, sidewalks, and landscaping; and b. Show existing underground installations, if applicable; and c. Diagram the work to be performed. 6. Post bonds or assurances with the town to ensure completion of the pro- posed work. 7. Obtain a business license from the town as required by chapter 9-1 of this code. C. Projects which are to be self-certified under section 12-7-1 O(C) require a com- pleted agreement for construction of public improvements before a permit will be issued. Necessary forms are available from the town engineer. D. Completed applications will be reviewed by the town engineer. The town en- gineer shall issue the permit when all of the following have occurred: 1 . The town engineer finds that the proposed construction does not interfere with the safety of the traveling public or the authorized public use of the right-of-way and does not otherwise interfere with the general health, safety and welfare of the citizens of the town. 2. The town engineer finds that the proposed construction does not interfere with and is not inconsistent with a current or future community improve- ment project (CIP). 3. The town engineer has approved the application, including all plans and specifications for the proposed construction. 4. All applicable permit fees have been paid by the applicant. 5. The applicant has obtained an air quality permit, if required. 6. The applicant has submitted a traffic control plan that is approved by the town engineer. Section 12-7-6 Emergency work When, in an emergency, it is impractical to obtain a permit before work is begun, the applicant shall make a diligent effort to telephone the town engineer prior to commencement of work. Emergency work shall be halted upon issuance of a stop work order by the town engineer. A permit shall be applied for, under the same procedures set forth in section 12-7-5, within two business days of com- mencing emergency work. {00002903.DOC / 6) -3 - JF 12127107 Section 12-7-7 No warranty of title By this section, applicants are placed on notice that the town may not own the particular property or property rights for which the permit is issued. Applicants assume all liability resulting from any defect to the title of the land and no war- ranty of title to the underlying land is expressed or implied. Section 12-7-8 Construction requirements A. The applicant shall notify the town engineer of the proposed start date of the work and shall schedule and complete a pre-construction meeting with the town's right-of-way inspector at least two full work days before starting work. B. Unless otherwise expressly approved in writing by the town engineer, all work shall conform to the following: 1. The 2003 edition of the Pima county/city of Tucson standard specifications and details for public improvements. 2. Other specifications, details or regulations approved by the town engineer or adopted by the town, including ail conditions listed in the permit. 3. All requirements of this chapter. C. The applicant shall be responsible for verifying the location of all underground utilities in accordance with the "blue stake" provisions of state law, A.R.S. § 40-360.21 et seq., prior to the commencement of any excavation and shall protect any utilities from damage. All town property shall be returned sub- stantially to its original condition. The applicant shall be held responsible for any damage to, and for maintenance and protection of, existing utilities and structures. D. Unless otherwise stipulated to in the permit, all pavement resurfacing after excavation shall be completed by the applicant. During construction, the site must be secured in a manner acceptable to the town whenever work is dis- continued and construction staff is not on site. Permanent pavement repairs shall be completed within 30 working days after backfilling the trench. E. If the applicant fails to secure the site, or if the permanent pavement repair is not performed within 30 working days after backfilling the trench and an ex- tension has not been granted by the town engineer, the town engineer may select a contractor to perform all necessary work at the applicant's expense. F. The applicant shall be responsible for restoration of all permanent traffic- control devices including, but not limited to, all pavement markings, signs and signals. The restoration of traffic-control devices may be accomplished by the applicant or, at the request of the applicant, by the town. In either case, the restoration shall be completed at the applicant's expense. All traffic control devices shall be approved by the town engineer prior to installation. G. The applicant shall not allow any condition to exist during the project which would be a hazard or source of danger to the traveling public. If the work pre- sents or becomes a hazard or source of danger to the traveling public, the town may take immediate corrective action and bill the applicant for the full cost incurred for the corrective action. H. Completed excavation, backfill, and pavement repair shall be guaranteed free of defect by the applicant for a period of one year after closeout of permit or approval by the council, whichever occurs later. fOO002903.DOC / 6) -4- JF 12127107 1. The town engineer shall be notified by the applicant before backfilling and upon completion of the work. If the applicant is not working under self- certification as provided in 12-7-1 O(C) and (D), the applicant shall not proceed with pavement replacement until the backfill has been approved. J. If the applicant does not repair the road and right-of-way to the specifications of the town engineer, the town shall notify the applicant of any deficiencies and the applicant shall have 20 working days to repair the deficiencies to the specifications of the town engineer. By acceptance of a permit, the applicant agrees to be responsible for all costs of the repair, if any. If a lawsuit is filed, the applicant, by acceptance of a permit, agrees to be responsible for all costs of collection including, but not limited to, court costs and attorneys'fees. K. The applicant shall adequately barricade its work in accordance with the latest edition of the federal highway safety administration's manual on uniform traffic control devices and shall install sufficient warning lights and signs to protect the public. Not more than one direction of travel may be blocked at any one time, unless specifically allowed due to extenuating circumstances. The appli- cant shall submit a traffic control plan to the town engineer and obtain ap- proval before closing or barricading any street or public right-of-way. L. If the applicant performs work not authorized by the permit or under the provi- sions for emergency repairs, the town shall notify the applicant of the unau- thorized work. The notification from the town will indicate whether the town requires removal of the work. If the town requires removal of the work, the applicant shall be responsible for the removal within 15 working days of the notification. If the applicant does not remove the unauthorized work, the town may have the work removed by a competent contractor at the applicant's ex- pense. M. Where work is performed in a drainageway, drainage easement or desig- nated floodplain area, the applicant shall not at any time obstruct or diminish in any manner the ability of the drainageway, drainage easement or desig- nated floodplain area to convey or pass stormwater. Prior to any work within a drainageway, drainage easement or designated floodplain area, the applicant shall obtain written authorization from the town engineer and a floodplain use permit as required by title 21 of the land development code. Section 12-7-9 Newly constructed asphalt pavements In addition to the requirements set forth in section 12-7-8, on newly constructed asphalt pavements, five years old or less, as verified by the town engineer, the following additional regulations apply: A. If sufficient right-of-way is available, directional bore shall be used in lieu of open trench. This shall include the removal and replacement of sidewalk to achieve working room for bore pits. B. No open pavement cuts shall occur without the permission of the town engi- neer, except in an emergency. C. The applicant must submit a letter to the town engineer assuring that all other methods of construction have been reviewed and are impractical. D. Depending upon the age of the pavement, the applicant must provide a war- ranty so that the cut is guaranteed until the pavement is five years old. {00002903.DOC / 6) -5- JF 12127107 E. Pavement repairs shall be a minimum of 50 feet asphalt replacement with a 15 degree skew, centered on the trench, unless the repair cannot be accom- plished by this method and the town engineer approves an alternate method. Section 12-7-10 Inspection of work A. All work is subject to inspection and ultimate approval by the town engineer. Total inspection may be provided by the town as set forth in this sectioni or the applicant may follow the self-certification processes outlined in this sec- tion. B. Town inspection shall include, but is not limited to, the following procedures and requirements: 1. The town engineer will set up a schedule of notifications from the applicant at various stages of the work for inspection and approval. 2. The applicant shall be responsible for staking line and grade, subject to re- view by the town engineer. 3. Any required testing and/or inspection designated by the permit or required by the town engineer shall be at the expense of the applicant. 4. If applicable, the applicant shall be required to furnish evidence, acceptable to the town engineer, that the required co m p action, density has been ob- tained. This evidence shall be in the form of tests and certification from a certified testing laboratory or from any engineering technician certified by either the national institute for certification in engineering technologies at level 11 or higher or by the Arizona technical training institute field techni- cian level or from any registered professional civil or geological engineer. The location of the test shall be clearly shown on the report from the appli- cant. The test report must be submitted within 30 working days after tests are taken. 5. At the conclusion of the work, the town engineer shall conduct a final in- spection and receive test reports, if any. When the project is satisfactorily completed and approved, the applicant will be notified. C. The self-certification process for inspection shall include the following proce- dures and requirements: 1 . The applicant shall choose an engineer of record, acceptable to the town engineer, to be responsible for the major inspection of the project. 2. An agreement for construction of public improvements shall be signed by the applicant, the engineer of record, and the town engineer. This contract shall detail the responsibilities of the engineer of record for the work. 3. The town engineer shall maintain oversight of the project, shall perform fi- nal inspections, and shall approve the project when all requirements have been satisfactorily completed. D. The self-certification process for inspection for utilities shall include the follow- ing procedures and requirements: 1. The applicant shall file a letter with the town engineer indicating that the utility is authorized by the Arizona corporation commission to work within the public rights-of-way, is a permanent presence in the community, and will react promptly to a request from the town engineer to correct any defi- ciencies resulting from work done under a permit. (00002903.DOC / 6) -6- JF 12127107 2. The applicant shall insure that, at all times when work is underway at the site, a responsible person shall be present who, by reason of experience and knowledge, is qualified to judge the quality of the work being per- formed. 3. The applicant shall provide records of test results performed by a labora- tory approved by the town engineer or by a technician certified by the na- tionai institute for certification in engineering technologies or the Arizona technical training institute to show that standards of materials, density, and pavement replacement have been met. E. If the work performed under the permit or in an emergency fails to pass final inspection, the applicant shall remove or replace the work within such time as specified by written notice from the town engineer. If any material used by the applicant in replacing or reconstructing any part of the work, or if any work- manship performed under the permit, proves defective, the applicant shall re- place the work as specified by the town engineer. Section 12-7-11 Permit expiration A. A permit shall expire if work is not started within 30 days of issuance or if not satisfactorily completed within ten days after the stated completion date. If a permit has expired, a new permit must be applied for, paid for and issued be- fore beginning or completing construction. B. Permits shall be issued for a period of no more than one year. A one-time ex- tension of no more than six months may be obtained upon application and showing of cause for the delay. Section 12-7-12 Fees; late fees A. Fees for permits required by this chapter, as well as fines applied to the appli- cant due to violations of the permit requirements, shall be set forth by a fee schedule approved by the council and amended from time to time. A copy of the fee schedule is on file in the town engineer's office. B. Permits obtained after work has started, other than work performed under section 12-7-6, shall cost double the normal permit fee. Paying a double per- mit fee does not waive any other applicable penalties or violation fees for vio- lation of this chapter. C. Permits obtained under section 12-7-6 are also subject to double permit fees if the permit application is not filed within two business days of commencing emergency work. Section 12-7-13 Violation; penalties A. A violation of this chapter is a civil infraction. B. Any person found responsible for violating this chapter shall be fined in the amount specified as the violation fee in the fee schedule referred to in section 12-7-12. C. Any person violating the provisions of this chapter shall be responsible for a separate offense for each and every day or portion of a day during which any violation of this chapter is committed or permitted. D. In addition to any other penalties allowed by law, the magistrate shall order abatement as necessary. {00002903.DOC / 6) -7- JF 12127107 SECTION 3. The adoption of this ordinance shall have the effect of repealing ordinance 91.21 to the extent that it is inconsistent with this ordinance, provided, however, that this repeal shall not affect the rights and duties that matured or penalties that were incurred and proceedings that were begun before the effective date of the repeal. SECTION 4. IT IS FURTHER ORDAINED that, since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this ordinance become immediately effective, an emergency is hereby declared to exist, and this ordinance shall be effective immedi- ately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this _ day of 52008. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney fOO002903.DOC / 6) -8- JF 12127107 ORDINANCE NO. 91.21 AN ORDINANCE RESCINDING ORDINANCE 88.03 STREET EXCAVATIONS AND RIGHT-OF-WAY IMPROVEMENT REGULATIONS AND ADOPTING REGULATIONS FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS IN TOWN RIGHTS-OF-WAY AND REGULATIONS FOR ROUTINE UTILITY CONNECTIONS AND MAINTENANCE IN TOWN RIGHTS-OF-WAY WHEREAS, THE TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA had adopted certain ordinance 88.03 for STREET EXCAVATIONS AND RIGHT- OF-WAY IMPROVEMENT REGULATIONS, and, WHEREAS, THE TOWN COUNCIL deems it necessary to rescind the aforementioned Ordinance 88.03 for a more comprehensive and .responsive pair of regulations, one-for--puhlic improvements in rights-of-way and one for routine utility service connections, and, WHEREAS, the continued use of the Town rights-of-way is necessary and beneficial to the citizens of the Town of Marana. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA that Ordinance 88.03 is hereby rescinded and that the REGULATIONS FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS IN TOWN RIGHTS-OF-WAY and the REGULATIONS FOR ROUTINE UTILITY SERVICE CONNECTIONS AND MAINTENANCE IN TOWN RIGHTS-OF-WAY, as approved by the Marana Town Council on the 17th day of September, 1991, be and the same are hereby adopted by this Ordinance as the Town's formal regulations for public improvements in rights-of- way and for routine utility service connections and maintenance in rights-of-way. WHEREAS, the immediate operation of this ordinance is neces- sary for the preservation of the public peace, health, and safety of the Town of Marana, an emergency is hereby declared to exist, and this ordinance shall be in full force and effect from and after its passage, adoption, and approval by the Town Council of the Town of Marana. PASSED AND ADOPTED by the Town Council of the Town of Mara- na, Arizona this 17th day of September, 1991. MAYOR AMMVCM- TOWN OF MARANA REGULATIONS FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS IN TOWN RIGHTS-OF-WAY (OTHER THAN ROUTINE UTILITY SERVICE CONNECTIONS AND MAINTENANCE) SECTION 1: PERMIT REQUIRED Public Improvements shall not be constructed in any street, alley, drainageway, public easement, any other right-of- way dedicated to the Town of Marana or to the public, nor on Town of Marana property without an appropriate permit having been the Town. Any improvement constructed with the expection that it will be accepted by the Town of Marana, is subject to this ordinance, shall be considered a "Public Improvement", and shall require a permit for its construction. Public improvements for the purpose of this code shall include, but are not necessarily limited to, grading, paving, curbs, gutters, drainage facilities, sidewalks, paths, trails, landscap- ing, irrigation, walls, and berms. Utility distribution or collection systems and communications systems installed in public rights-of-way or in property to be dedicated to the Town of Marana are equally subject to the provi- sions of this code. Routine maintenance and service connections are not included in these regulations. SECTION 2. EXCEPTIONS TO PERMIT RE2UIREMENTS Section 1 shall not apply in the following cases: A. When work is done for municipal purposes by Town person- nel and equipment. B. When repair or maintenance work is performed under a contract administered by the Town. C. When, in an emergency, it is impractical to obtain a permit before work is begun. The Town Police Department shall be mmediately notified, and a permit shall be applied for within two business days. SECTION 3: APPLICATION FORMS Applications for construction of public improvements shall be made on- f orms; available from either the Town Clerk or the Town Engineer. I 1 Completed applications, accompanied by payment to the Town of the permit fee, may be submitted either by mail or in person to the Town Engineer. Completed applications will not be accepted until the con- struction plans and specifications have been reviewed and ap- proved by the Town Engineer. SECTION 4. FEES The fee for a permit to construct public improvements shall be set by resolution of the Town Council from time to time. The most current such resolution shall be a part of these regula- tions. Permits obtained after work has startedl, other than work ..performed under Section 2C above, shall-cost double the normal fee.L but paying a double fee does not waive other penalties under these regulations. Permits obtained under Section 2C above, are also subject to double charge if the application is not filed within two business days. SECTION 5: CONDITIONS FOR OBTAINING A PERMIT Each applicant and/or his agent and/or contractor doing the work will be required, before issuance of the permit, to: A. Furnish bond or insurance to hold the Town harmless and/or free of liability arising out of said work; and B. Provide evidence that he is competent and equipped to do the proposed work; and C. Submit a signed and approved contract showing the cost of the work, or submit a verifiable professional construction cost estimate; and D. Post assurances with the Town to insure completion of the projected work; and E. Have received from the Town Engineer approval of plans and specifications for the proposed construction. SECTION 6: CONFORMANCE To RULES AND REGULATIONS A. All work, unless otherwise expressly approved on the approved plans and specifications or in writing by the Town Engineer, shall conform to the Pima County/City of Tucson Stand- ard Specifications and Details for Public Improvements and ahy other written Town regulations or standards. B. Projects which are to be self-certified (see Section 7) require a completed Agreement For Inspection of Public Improve- 2 ments, before a permit will be issued. Necessary forms are avail- able from the Town Clerk or the Town Engineer. C. Completed application forms shall be reviewed by the Town Engineer, who shall also assess the permit fee. Payment shall be made to the Town of Marana. D. Permits shall be issued for a period of no more than one year. A one-time extension of no more,than six-months may be obtained upon application and showing of cause for the delay. When work on the project is not satisfactorily completed before the expiration date, a new permit may be obtained follow- ing a new application and payment of another fee. E. Before beginning work, the applicant shall also obtain an Air Quality Permit from the Pima 'Cdunty Department of Environmental Quality, if such a permit is required by Pima county regulations. SECTION 7: PROSECUTION AND INSPECTION OF THE WORK A. The applicant shall notify the Town Engineer of proposed start of work at least two full work days in advance. B. All work is subject to inspection and ultimate approval by the Town Engineer or his representative. Total inspection may be provided by the Town in accordance with the provisions below, or the self-certification process may be followed as outlined herein. C. Town inspection shall include the following procedure and requirements: 1. The Town Engineer will set up a schedule of notifications from the contractor, at various stages of the work, for statutory inspection and approval. 2. The contractor or owner is responsible for staking line and grade, subject to review by the Town Engineer. 3. The contractor/owner will pay for routine tests required by the specifications and for any additional tests called for by the Town Engineer. 4. At conclusion of the work, the Town Engineer will conduct a'-final inspection and receive test reports. When the project is satisfactorily completed and approved, the contractor/applicant will be so notified. D. The self-certification process for inspection will in- clude the following procedure and requirements: I - 1. The owner, in addition to choosing a' contractor, shall choose an engineer of record, acceptable to the Town Engineer, to be responsible for the major inspection of the project. 3 2. An Agreement For Inspection of Public Improvements shall be signed by the owner, the contractor, the engineer-of-record, and the Town. This contract details the responsibilities of the engineer-of-record for the work. 3. The Town Engineer will maintain oversight of the project, will perform final inspections, and approve the project when all requirements have been satisfactorily completed. SECTION 8: BARRICADES The permittee and/or his contractor shall adequately barri- cade his work in accordance with the latest edition of the Feder- al Highway Safety Administration's Manual on Uniform Traffic Control Devices and shall install sufficient warning lights and signs to protect the public. Permittee-sha1l notify and obtain approval from the Town Police Department before closing or barri- cading any street or public right-of-way. SECTION 9: SEVERALBILITY if any provision of these regulations or its applications to any person or circumstance is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or applications of these regulations which can be given effect without the invalid provision or application, and to this end the provisions of these regulations are severable. ADOPTED: 9-17-91 TOWN OF MARANA REGULATIONS FOR ROUTINE UTILITY SERVICE CONNECTIONS AND MAINTE- NANCE IN TOWN RIGHTS-OF-WAY SECTION 1. PERMIT REQUIRED No public right-of-way shall be cut, trenched, or excavated, shall have any fixed object removed, or shall have any object placed there-in by any person unless a permit has first been obtained from the Town of Marana. "Public right-of-way", as used herein, shall include (1) alleys, streets, and drainageways dedicated to the Town of Marana or to the public; (2) other easements dedicated-to the public; and (3) other property owned by the Town. These regulations apply to routine service connections and main- tenance work within public rights-of-way. Installation of mainline distribution and collection facilities and related structures and fittings are not included in these regulations. SECTION 2. EXCEPTIONS TO PERMIT REQUIREMENTS Section 1, shall not apply in the following cases: A. When work is done for municipal purposes by Town personnel and equipment or under a contract administered by the Town. B. When, in an emergency, it is impractical to obtain a permit before work is begun. The Town Police Department shall be immedi- ately notified prior to commencing work, and permit shall be. applied for within two business days. SECTION 3. APPLICATION FORMS Application for a right-of-way excavation permit shall be made on forms furnished by the Town. Requests for such forms may be made by phone or by mail at the Marana Town Hall. Completed applications may be submitted either to the Town Clerk or to the Town Engineer by mail or in person by the applicant or his agent. SECTION 4. FEES The fee for a right-of-way excavation permit shall be set by Resolution of the Town Council from time to time. The most cur- rent Resolution shall be attached to these regulations. Permits obtained after work has started, other than work performed under , and failure to Section 2 B, shall cost double the normal rate make timely application uRd-er the provision of section 2 B shall result in a double fee for the permit. Paying a double fee does not waive other penalties under these regulations. No fees shall be required for excavation work in rights-of-way that results from public improvements authorized by the Town Council. SECTION 5. PERMITS REQUIRED FROM OTHER GOVERNMENTAL AGENCIES AND PUBLIC UTILITIES Permits are required for work done in the Town rights-of-way by other governmental agencies and by public utilities. SECTION 6. CONDITIONS FOR OBTAINING A PERMIT A. Each applicant for a permit and/or his agent and/or the con- tractor doing the work will be required, before the issuance of the permit, to: 1--Except for utilities certificated-by-the Arizona Corporation Commission, furnish bonds, insurance, or assurance, in a form satisfactory to the Town, holding the Town harmless and/or free of liability arising out of said work; and 2. Not be delinquent in payments due the Town on prior similar work; and 3. Provide evidence that he is competent and equipped to do the proposed work; and 4. Submit plans of the subject location and adjacent properties (1) showing existing surface conditions, including pavement, curbs, driveways, walk, and landscaping \, (2) showing existing underground installations, and (3) diagraming the work to be performed. E. Permits sought by certificated utilities or by government agencies shall be applied for by that utility or agency, and shall be signed by the designated responsible official. If the work is to be contracted, the contractor shall be listed an the application, but the contractor will not be the applicant. SECTION 7. ISSUANCE OF PERMIT Completed application forms shall be reviewed by the Town Engi- neer. The Town Engineer will issue the permit when (1) the appli- cation has been approved by the Town Engineer and (2) when the permit fee has been paid.by a check made out to the Town of Marana, or if and when the utility or agency has established a billing relationship with the Town Clerk. SECTION 8: CONFORMANCE TO RULES AND REGULATIONS A. All work shall conform to (1) Pima County/City of Tucson Standard Specifications for Public Improvements and Standard Details for Public Improvements, (2) revisions thereto issued by the Town Engineer,-'(3) other Town details and/or specifications approved by the Town Engineer, (4) the requirements of these 2 regulations, and (5) any and all specifications and regulations now or hereafter adopted by the Town of Marana. B. The permittee and/or his contractor shall be required to participate in the "Blue Stake" provisions of the State Law. Permission to pothole will be granted under those provisions, provided that all Town property is returned to substantially its original condition. If the permittee and/or his contractor do not follow these provisions, he or they shall be held responsible for any damageto, and for maintenance and protection of, existing utilities and structures. C. Unless otherwise stipulated in the permit, all pavement resur- facing after excavation shall be done by the permittee or his contractor. Permanent pavement repairs shall be completed within 30 (thirty) working days after backf illing the trench. Temporary pavement7- repairs shall be completed -immediately. D. Completed excavation, backfill, and pavement repair shall be guaranteed free of defect by the Applicant and his contractor for a period of one year after acceptance by Town Officials. E. Not more than one direction of travel may be blocked at any one time, unless specifically allowed due to extenuating circum- stances. F. Permission for roadway pavement cuts shall be granted within the Town rights-of-way or roadways on any bituminous and/or concrete pavement structures that are five years old or newer only after the Town Engineer has been assured that all other methods of connecting the customer have been reviewed and found, in the sole discretion of the Town Engineer, to be impractical; or in the event of an emergency. verification of street age may be obtained from the Marana Road Supervisor or Town Engineer. SECTION 9. COMPLETION AND INSPECTION OF WORK All work shall be subject to inspection by the Town. A. The Town's interests in terms of location of work, backfilling of trenches, pavement replacement, and restoration of site to at lease preconstruction condition may be inspected by the permittee by a self certification process. This process shall include: 1. Filing a letter with the Town indicating that the utility (a) is authorized by the Arizona Corporation Commission to work within the public rights-of-way, (b) is a permanent presence in the community, and (c) will react promptly to a request from the Town to correct any deficiencies resulting from work done under a permit. 2. The contractor or applicant insuring that, at all times when work is under way on the site, a responsible person is present who by reason of experience and knowledge is qualified to judge the quality of the work being performed. 3 3. Records of test results, performed by a laboratory approved by the Town Engineer or by a NICET-certified technician, to show that standards of materials, density, and pavement replacement have been met. At the option of the Town, trench backfill compac- tion tests may not be required, outside of the roadway prism, if the excavated material is hauled off and AB is used for the backfill. B. other permittees shall be subject to full Town inspections. C. The Marana Road supervisor shall be notified in all cases by the permittee (1) before work is started, (2) upon completing backfill, and (3) upon completion of the work. If the permittee is not working under self-certification, he shall not proceed with pavement replacement until the backfill has been approved. D.-The*permittee will be required7to,furnish evidence, acceptable to Town Officials, that the required compaction density has been obtained. This evidence may be in the form of tests and certifi- cation from a certified testing laboratory, or from any engineer- ing technician certified by the National Institute for Certifica- tion in Engineering Technologies at Level Il or higher, or from any registered professional civil or geological engineer. The location of the test(s) shall be clearly shown on the report from the permittee. The test report must be submitted within thirty (30) working days after tests are taken. E. Any required testing and/or inspection designated by the permit or required by the Town shall be at the expense of the per.mittee or his contractor. SECTION 10. BARRICADES; NOTICE The permittee and/or his contractor shall adequately barricade his work in accordance with the latest edition of the Federal Highway Safety Administration's Manual On Uniform Traffic Control Devices, and shall install sufficient warning lights and signs to protect the public. Permittee shall notify and obtain approval from the Marana Police Department before closing or barricading any street or public right-of-way. SECTION 11. PERMIT EXPIRATION , A permit shall expire if work is not started within 30 days of issuance or if not completed within 10 days after the stated completion date. If a permit has expired, a new permit must be applied for and issued before beginning or completing the work. SECTION 12. VARIANCE FROM STANDARDS The Town Engineer may authorize variances provisions outlined in Section 8 where no curb unusual topographical conditions, nature of tion, or similar factors would make adherence provisions unreasonable. from the standard exists, and where existing construc-, to such standard 4 SECTION 13. PENALTIES FOR VIOIATIONS Any violation of these regulations shall be a class I misdemeanor. Each day during which the provisions of these regu- lations are not complied with shall be considered a separate violation. SECTION 14. SEVERABILITY If any provision of these regulations or its applications to any person or circum tance is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or applications of these regulations which can be given effect without the invalid provision or application, and to this end the provisions of these regulation are severable. ADOPTED: 9-17-91 02 5 TOWN OF MARANA ROADWAY MORATORIUM POLICIES Addendum to Ordinance 91.21 TOM Of MARMA The Town of Marana Ordinance 91.21, Section 1, paragraph one states "No public tight-of-way shall be cut, trenched, or excavated, shall have any fixed object removed, or placed there-in by any person unless a permit has first been obtained from the Town of Marana." Section 8, Item F states "Permission for roadway pavement cuts shall be granted within the Town rights-of-way or roadways on any bituminous and/or concrete pavement structures that are five years old or newer gUl after the Town Engineer has been assured that all other methods of connecting the customer have been reviiewed and found, in the sole discretion of the Town Engineer, to be impractical; or in the event of an emergency. Verification of street age may be obtained from the Marana Operations -and Maintenance Supervisor or Town Engineer." Therefore, the Town of Marana has established the following policies when a roadway pavement cut is necessary as described in Section 8. 1. Applicant must submit a letter to the Town assuring that all other methods of connection are impractical. 2. Pavement repair shall be completed as follows: a. Pavement removal shall be saw cut at a fifteen degree (150) a skew from the perpendicular line of the curb. b. All pavement removal shall be from curb to curb. c. Total* pavement repair shall be a minimum of fifty feet (50') in width perpendicular to the curb line' 3. Applicant must warrantee roadway cut for the remainder of the Moratorium or one (1) year which ever is greater. 4. Any roadway cuts performed without prior approval by the Town Engineer shall result in triple permit fees. 10/10/2006 1:39:21 PM Pubfic Wodm1DM/MF C \Docummb and SdWws\ifloresU"a1 SdUnpWanporary Intemet Fi1es\01LKBD\Momtonum Pohcy.doc