Loading...
HomeMy WebLinkAbout06/10/2008 Special Council Meeting Agenda Packet~pW N 7F ~, n~arzaNa gkIZVNP SPECIAL COUNCIL MEETING NOTICE AND AGENDA Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 June 10, 2008, at or after 6:00 p.m. Ed Honea, Mayor Herb Kai, Vice Mayor Council Members Russell Clanagan Patti Comerford Carol McGorray Jon Post 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 TURN OFF OR PUT IN SILEM MODE ALL PAGERS 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 June 9, 2008, 6:00 p.m., at the Marana Municipal Complex, the Marana Operations Center and at www.marana.com under Town Clerk, Agendas, Minutes and Ordinances. ((lWN OF a MARA~`A ~ ^~Rl1U~a A. CALL TO ORDER AND ROLL CALL SPECIAL MEETING 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/DISCUSSION/DIRECTION/POSSIBLE ACTION 1. Presentation: Relating to Boards, Committees and Commissions: Council Taskforce recommendations on modifications to the Citizen Advisory SPECIAL COUNCIL MEETING NOTICE AND AGENDA Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 June 10, 2008, at or after 6:00 p.m. Commissions (Gilbert Davidson) 2. Presentation: Discussion of a development agreement for the proposed cemetery/mortuary on Barnett Road within the Town of Marana (Cedric Hay) 3. Presentation: Discussion/Direction on Classification Compensation Study (Deb Thalasitis) 4. Discussion/Direction: Town Magistrate Selection (Deb Thalasitis) 5. Discussion/Direction/Action based on executive session relating to the employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or resignation of public officer, appointee or employee of Marana and possible agreement relating to same. (Mike Reuwsaat) NOTE: This item will follow the executive session for item F.3. F. EXECUTIVE SESSIONS SOWN rjR ti~ailaht~ . <, RkIZONP SPECIAL COUNCIL MEETING NOTICE AND AGENDA Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 June 10, 2008, at or after 6:00 p.m. 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) and (7), discussion or consultation for legal advice with the Town's attorneys and discussion and to consider its position and instruct the Town Manager and staff concerning the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008- 001131. 3. Executive Session pursuant to A.R.S. §38-431.03 (A)(1), (3) and (4) for discussion or consideration of employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or resignation of public officer, appointee or employee of Marana, and legal advice and direction to its representatives concerning negotiations and possible agreement relating to same. 4. Executive session pursuant to A.R.S. §38-431.03 (A)(1) for discussion or consideration of employment, assignment, appointment and salary for the position of Town Magistrate. G. 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) H. ADJOURNMENT .] • • tnWN ~F TOWN COUNCIL .~ MEETING TOWN OF MARANA q Ma,aa,Na ; INFORMATION aR1ZUhP MEETING DATE: June 10, 2008 AGENDA ITEM: E. 1 TO: MAYOR AND COUNCIL FROM: Gilbert Davidson, Deputy Town Manager SUBJECT: Presentation: Relating to Boards, Committees and Commissions: Council Taskforce recommendations on modifications to the Citizen Advisory Commissions DISCUSSION In September 2006, Mayor and Council approved the creation of five advisory commissions: Arts, Affordable Housing, Parks and Recreation, Business and Economic Development, and Utilities. The Police Advisory Commission was approved by Council in 2007. A Senior Advisory Commission will be presented to Council in a separate Council action request. The commissions were developed to solicit broad public input into public policy issues affecting the Town. On April 8, 2008, staff presented a study session overview of the six current advisory commissions and their operational status. Staff sought Council direction on the effectiveness of each commission, including the following: • Commission function such as intended purpose, community benefit, and needs that are not being addressed; and • Commission policies and procedures such as size, residency requirements, rules related to multiple appointments, application process; and • Commission accountability and transparency such as updates and reports to Council and community involvement. Upon conclusion of the presentation, staff sought direction to create a special Council Taskforce on Advisory Commissions to review the staff recommendations and provide a final list of Commission modifications for the entire Council's consideration. The Mayor appointed five individuals to serve on the taskforce: Council Members Comerford, McGorray, and Ziegler and Deputy Town Manager Davidson and Town Clerk Bronson. JCB/06/06/2008/3:45 PM RECOMMENDATION OF THE TA5KFORCE The Council Taskforce on Advisory Commissions 2008 recommends the adoption of recommendations .which would amend the Town Code, chapter 2-6, and the Commission bylaws and the handbook as indicated below. Operational Expectations Refer to Commission Descriptions attached. Policies and Procedures One Council member to be appointed to serve as Council liaison to a commission. The Council member attends commission meetings, but has no formal role (ex-officio, non- voting) Amend the handbook and add to the bylaws Section III. G. Each commission is to have minimum of five members, not to exceed seven. In addition, two alternates for each commission will be selected by Council and will automatically fill any vacancy. Amend the bylaws Section III. A. A majority of all Commission members shall be Town residents. Amend the bylaws Section III. B. • Commissioners may only serve on one commission per term. Add to the handbook and add Section IIL H to the bylaws. Two-year terms;. max of three consecutive terms. Change Section III. C of the bylaws and section 2-6-3 of the Town Code. Appointment Procedures (Adminstrative) Revised application process (advertising, application form).- Amend the handbook and section 2-6-2 of the Town Code. Accountability and transparencX Develop Council communication form for Commission use (monthly, as commission meets). Add to the handbook and add to the bylaws under Responsibilities of the Chair, section V. F. Schedule annual report to Council. Add to the handbook and add to the bylaws under Responsibilities of the Chair, section V. G. -2- • All commissions must develop an annual work plan, submitted to Council. Add to the handbook and add to the bylaws under Responsibilities of the Members, section VII. F. All commissioners shall attend the CREW program by the completion of their first term. Add to the handbook and add to the bylaws under Responsibilities of the Members, section VII. G. STAFF RECOMMENDATION • • At the direction of Council, staff will bring back an ordinance with the recommended changes for adoption at the June 17, 2008 meeting. -3- The Town of Marana AFFORDABLE HOUSING CITIZEN ADVISORY COMMISSION Affordable Housing Citizen Advisory Commission Mission: The Affordable Housing Citizen Advisory Commission studies and makes recommendations to the Mayor and Town Council on all matters relating to the direction of the Town's Affordable Housing Program and CDBG Program including the sale, lease, rental, operation, improvement, development and beautification of any and all affordable housing projects of the Town. The Commission advises the Town Council on the planning of affordable housing projects and the development of a comprehensive and adequate Affordable Housing Plan for the Town. Affordable Housing Citizen Advisory Commission meetings are a public forum for citizens to voice their opinions regarding affordability and housing issues. The Affordable Housing Commission is aseven-member citizen board that serves in an advisory capacity to the Mayor and Town Council. Commission members should be knowledgeable about housing issues and at least one member shall have received housing services from the Town in the past. At least four of the seven commissioners will reside or have their primary business within the Town of Marana; however, particularly capable members from outside of the Town will be considered for membership. Commission members will serve for a term of four years, with staggered terms. Affordable Housing Commission Working Goals • Review and make recommendations on the affordable housing needs for the community and make recommendations so that community demand is met to the extent possible • Review departmental policies and actions and meet with the public to ensure that affordable housing policies and actions are well-thought-out and appropriate to community standards • Keep abreast with evolving affordable housing opportunities and issues; make recommendations on any program refinements, modifications and new opportunities • Provide a forum for public input for affordable housing issues to be completely heard • Act as an advocate for a strong housing program which creates opportunities for the affordable housing of the youth, workforce, retired and special needs members of the community • Advise the Mayor and Town Council of the Commission's findings, conclusions and recommendations. Staff Liaison: Community Development Director The Town of Marana ARTS CITIZEN ADVISORY COMMISSION Arts Citizen Advisory Commission Mission The Art Advisory Commission will assist staff in refining and advise Mayor and Council in developing a comprehensive community arts and cultural program. The Arts Citizen Advisory Commission ensures equal access to_all individuals, groups, and organizations to enjoy opportunities for the preservation, development, and appreciation of artistic expression with the committed support of the Town of Marana. Structure of the Commission The Arts Citizen Advisory Commission is aseven-member citizen board that serves in an advisory capacity to the Mayor and Town Council. Commissioners are appointed by the Town Council to represent performing arts, visual arts, literary arts, media Arts, community planning/parks and recreation/public art, cultural heritage/museums, and the community audience at-large. At least four commissioners will reside or have their primary business within the Town of Marana, however qualified commissioners from outside of the Town will be considered for membership. Commissioners will serve for a term of four years, with staggered terms. Arts Citizen Advisory Commission Aims and Objectives The aims and objectives of the Arts Citizen Advisory Commission are to advise Mayor and Council on policy that: • acknowledges the importance of the arts and culture in the development of civic pride and a municipal sense of identity; • helps redevelop and implement the public works arts ordinance • provides arms-length funding of arts events; • encourages and promotes amateur and professional development of artistic expression; • defines design and funding guidelines and standards for public art and arts programs and projects; • promotes the appreciation and enjoyment of art and culture; • maintain appropriate ongoing programs that create an environment in which the arts can thrive. Definitions Art For purposes of this document the definition of arts shall be the improvement or refinement of the mind, emotions and interests, manners and tastes and the description of creative activity which provides aesthetic enjoyment to the various senses. • performance art: theatre, dance, opera, music, puppetry, new genre • visual art drawing, painting, sculpture, printmaking, pottery, jewelry, fiber/fabric, woodworking • literary art: prose, poetry, storytelling • media arf: photography, film, video, print, digital, audio and/or graphics Public Art Statement Public Art enhances the quality of life by helping to define and formulate responses to social, economic, cultural and political issues faced by a community. Public Art contributes to cross-cultural understanding, and a sense of ownership and responsibility towards the Marana community. In its broadest definition, Public Art inspires community understanding, pride and creativity, and benefits the growth and development of the individual and community life. At its best, Public Art is more than simply art integrated, installed or performed in a public place; rather it is a community-based process of dialogue, involvement, and participation. Public Art can become a major source of identity for a community. Staff Liaison: Community Development Director The Town of Marana Business and Economic Development Citizen Advisory Commission Mission: The Business and Economic Development Commission studies and makes recommendations to the Mayor and Town Council on all matters relating to the direction of the Town's economic development efforts as well as on matters of public policy affecting the Town's business community. The Commission advises the Town Council on the planning of economic development efforts, business assistance programs provided to help businesses affected by public improvement projects, and on legislation proposed at the local, state and national levels. Business and Economic Development Commission meetings are a public forum for citizens and business owners to voice their opinions regarding economic development issues and legislation affecting businesses. The Business and Economic Development Commission is aseven-member citizen board that serves in an advisory capacity to the Mayor and Town Council. Commission members should be knowledgeable about economic development issues. At least one member shall be an owner of a small business located in the Town. Commission members ideally will be citizens of the Town of Marana or be engaged in business activities within the Town, however particularly capable members from outside of the Town will be considered for membership. Commission members will serve for a term of 4 years, with staggered terms. Business and Economic Development Commission Working Goals • Review and make recommendations on the business assistance program scope for public infrastructure projects constructed by the Town and make recommendations so that negative business impacts are mitigated, to the extent possible • Review departmental policies and actions and meet with the public to ensure that economic development policies and actions are well-thought-out, effective, and appropriate to community standards • Keep abreast with evolving economic development opportunities and issues; make recommendations on any program refinements, modifications, and new opportunities • Develop an Economic Development Action Plan based upon the TREO Regional Economic Blueprint • Provide a forum for public input for policies and legislation affecting Town businesses prior to Mayor and Council consideration • Act as an advocate for a strong business community, which creates opportunities for diverse types of employment, including youth, retired, and special needs members of the community. Advise the Mayor and Town Council of the Commission's findings, conclusions, and recommendations. Staff Liaison: Jim DeGrood The Town of Marana PARKS AND RECREATION CITIZEN ADVISORY COMMISSION Parks and Recreation Citizen Advisory Commission Mission: The Parks and Recreation Citizen Advisory Commission assists staff with studies and makes recommendations to the Mayor and Town Council on all matters relating to the planning, improvement, development, enterprise management, and beautification of any and all parks and park buildings and facilities owned or controlled by the Town. The Commission advises the Town Council on the promotion and planning of a comprehensive and adequate recreation park program for the Town. Parks and Recreation Commission meetings are a public forum for citizens to voice their opinions regarding park and recreation issues. The Parks and Recreation Citizen Advisory Commission is aseven-member citizen board and one Teen Commissioner that serves in an advisory capacity to the Mayor and Town Council. The Parks and Recreation Director serves as the liaison between the Commission and the Mayor and Town Council. Commission members should be diverse group both in their interests and geographic location in the Town. At least four of the seven commissioners will reside or have their primary business within the Town of Marana and must be citizens of the Town for at least two years prior to their appointment. Particularly capable members from outside of the Town will be considered for membership. Commission members will serve for a term of four years, with staggered terms with the exception of the Teen member who serves atwo-year term. Parks and Recreation Citizen Advisory Commission Working Goals • Review improvement resources and make recommendations so that they reflect population and community demand • Review departmental policies and actions and meet with the public to ensure that parks and recreation policies and actions are well-thought-out and appropriate to community standards • Keep abreast with evolving parks and recreation issues and make recommendations on changing parks needs and recreation program demands • Provide a forum for public input for parks and recreation issues. • Advise the Mayor and Town Council of the Commission's findings, conclusions and Recommendations. Staff Liaison: Parks and Recreation Director The Town of Marana POLICE CITIZEN ADVISORY COMMISSION Mission Statement It is the policy of the Town of Marana to foster and encourage acitizen/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 aseven-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 remuneration. 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 hours shifts per year) and other training directed toward law enforcement and the policies and procedures of the police department. Goals of the Police Citizen Advisory Commission - To review and provide a community perspective and recommendations concerning programs and procedures and the effectiveness of the service provided by the police department. - To enhance police-community relations - To promote public awareness of the Town's police services and programs including but not limited to business and residential community 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. The Town of Marana UTILITIES COMMISSION Utilities Commission Mission: The Utilities Commission studies and makes recommendations to the Mayor and Council on all matters related to the management and operations of the Town's utilities enterprise fund, and utilities such as stormwater, electrical, water, wastewater, irrigation district, street lighting, franchises for natural gas, cable and phone. The Commission advises the Town Council on the planning, development and construction of a comprehensive and adequate master plan for the Town's utilities system . Commission meetings are a public forum for citizens to voice their opinions regarding those issues. Structure of the Commission The Utilities Commission is aseven-member citizen board that serves in an advisory capacity to the Mayor and Town Council. At least four commissioners will reside or have their primary business within the Town of Marana and should be knowledgeable about utility issues, however qualified commissioners from outside of the Town will be considered for membership. Commissioners will serve for a term of four years, with staggered terms. Working Goals and Objectives of the Commission: • Review and make recommendations on the utilities needs for the community to the extent that whenever possible, community demand is met • Review department policies and actions and meet with the public to ensure that the Utilities Department policies and actions are thoughtful and appropriate to department specifications and community and state standards • Keep abreast of the evolving opportunities and issues; make recommendations on any program refinements, modifications and new opportunities • Provide a forum for public input on issues • Act as an advocate for a strong infrastructure which creates opportunities for the participation of youth, the workforce, and retired and special needs members of the community Staff Liaison: Utilities Director tinW N OF. TOWN COUNCIL MEETING TOWN OF MARANA 9 MAkANa ; INFORMATION gR1ZON~` MEETING DATE: June 10, 2008 AGENDA ITEM: E. 2 TO: MAYOR AND COUNCIL FROM: Cedric Hay, Senior Assistant Town Attorney SUBJECT: Presentation: Discussion of a development agreement for the pro- posed cemetery/mortuary on Barnett Road within the Town of Marana DISCUSSION For some time, staff has been in discussions with representatives of Marana Mortuary & Ceme- tery Properties, L.L.C. and Swan Management, L.L.C., concerning a possible development agreement for the construction of a cemetery/mortuary immediately north of Barnett Road and west of the future right-of--way of Tangerine Farms Road. Attached for your consideration is a proposed draft of the development agreement prepared by Town staff. The key deal points of the draft are: 1. The Owner/Developer will dedicate the easternmost 250 feet of its property for the future construction of Tangerine Farms Road. This will provide for 100% of the necessary right- of-way for this portion of the road. In addition, the Owner/Developers shall pay its fair- share contribution of $366,818 toward the construction of Tangerine Farms Road, pay- able in ten equal annual payments of $36,681.80, beginning on the first anniversary of the effective date of approval of the Initial Development Plan and continuing each anniver- sary thereafter until paid in full. If the Town does not build the road the property shall re- vert to the Owner/Developer. 2. The Town shall make every reasonable effort to provide continuous public access to the Property during construction of the Barnett Channel Project and Tangerine Farms Road. 3. The development of the Property shall be governed by (i) the Marana Land Development Code, including the written rules, regulations, substantive procedures and policies relat- ing to development of land in effect on the effective date of the Agreement; (ii) the SLUC approval;. and (iii) the Agreement. 4. The only Town development impact fees adopted by the Town pursuant to A.R.S. § 9 463.05 currently applicable to the development of the cemetery/mortuary are the Gravity Storage and Renewable Water Resource Fee, the Water System Infrastructure Impact Fee adopted by Marana Ordinance No. 2005.25, and bank protection fees adopted by Marana Ordinance No. 99.02, calculated at $500 per acre of affected property. {00009506.DOC /} 3/18/2008 11:07 AM FJC/cds This agenda item provides an opportunity for the Council to give feedback concerning the pro- posed deal points of the draft cemetery/mortuary development agreement and to propose any ad- ditional terms or revisions deemed necessary. The Owner/Developers of the proposed cemetery/mortuary have already started contacting those neighbors who surround the proposed location. There have and will continue to be public meet- ings during which time people will have an opportunity to view the tentative plans for the ceme- tery and ask questions about the services that will be offered. Staff proposes to bring forward the Marana cemetery/mortuary development agreement for for- mal adoption and approval either after or concurrent with the SLUC. RECOMMENDATION After the incorporation of any revisions or additional terms, staff recommends that the Council set a timeframe for bringing the final development agreement back to the Council for final ap- proval. FINANCIAL IMPACT No direct financial impact to be discussed further in conjunction with this item. ATTACHMENT(S) Draft Marana c/mortuary cemetery development agreement SUGGESTED MOTION I move to direct staff to bring back a final Marana cemetery/mortuary development agreement for formal adoption by the Town Council, incorporating the comments discussed today for con- sideration either once. the SLUC has been approved or at the same Town Council meeting that the corresponding SLUG is brought forward for discussion, if necessary. {00009506.DOC/} -2- 06/06/2008 2:44 PM CIH • P/IARANA CEMETERY DEVELOPMENT AGREEMENT TOWN OF MARANA, ARIZONA This Development Agreement (this "Agreement") is entered into by and between the TowN OF MARANA, an Arizona municipal corporation (the "Town") and SW:1'~ MANAGEMENT, L.L.C., an Arizona limited liability company, and MARANA MORTUARS ~t C'EMETERY PROPERTIES, L.L.C., an Arizona limited liability company (both of which arc collectively referred to as the "Owner/Developer"). The Town and the Owner/Developer arc. collectively referred to in this Agreement as the "Parties," and each is sometimes individually referred to as a "Party." RECITALS A. The Owner/Developer owns a vacant parcel of property consisting of approximately 23.49 acres, located immediately north of Barnett Road, twith the future right-of--way of Tangerine Farms Road crossing the easternmost 250 feet of the parcel(the "Property"). B. The Owner/Developer intends and desires to dwelop a new cemetery and mortuary facility (the "Cemetery/Mortuary") on the I'mperty. • C. Establishing clearly defined expectations, il~les and regulution~ i necessary to ensure that the Parties' vision for the ultimate development of the Cemeter~,°'Mortuary can be carried out as construction of the Cemetery/Mortuary occurs iu hhascs o. cr the courseof many years. D. The Property is heated on property zoned ~~A~' (Sma{l Lot Zone), and has received the Town of Marana appr©val of a SiLR~ificant Land Use Change, concurrently with or prior to the resolution approvi and adohting this Agreement. E. The Property is legally described in Exhibit A attached to this Agreement. F. The Totivn and the 0~~ ncriDc~~clopcr desire to establish certain agreements pursuant to A.R.S. ~ 9-S(t0.05 to facilitate de~~elolnnent of the Property by providing for, among other things, the conditions, terms, restrictions. and recfuirements for development and public infrastructure and the financing of public infrastructure. G. The dc~ cl~pment of a Cemetery/Mortuary on the Property is in compliance with the Town's adopted and appro~ cd General Plan (as defined in A.R.S. § 9-461). AGREEMENT Now, THEREFORE, i t1 consideration of the mutual promises made in this Agreement, the Parties agree as follows: Article 1. Background 1.1. Incorporation of the Recitals. The foregoing Recitals are incorporated here by this reference. • {00008130.DOC / 4} 2/23/20081123 AM MARANA CEMETERY DEVELOPMENT AGREEMENT DRAFT: FOR DISCUSSION PURPOSES ONLY -1- 1.2. Proposed Uses. The Cemetery/Mortuary consists of afull-service mortuary, crematorium • and cemetery facility (which may include mausoleum and other burial facilities), with accessory chapel, flower shop, office and utility/storage uses. Exhibit B attached to this Agreement is a conceptual description of the master site plan for the Cemetery/Mortuary. Owner/Developer shall be allowed to use those areas of land not immediately necessary for the Cemetery/Mortuary as described in the accepted Significant Land Use Change application that consist of uses such as open space commercial uses, such as a commercial nursery, tree farm, continuing the current agricultural use or other uses which maintain an open space character for the area. If a use not considered to be of an open space character is proposed, it shall not linut the Owner/Developer from making separate application to the Town for approval of such commercial use. 1.3. Definitions. The following definitions shall apply to this ~1`~rLCment: 1.3.1. "Development Regulations" is defined in paragraph ?.l below. 1.3.2. "Initial Development Plan" is defined in para~~raph 2.2 below. 1.3.3. The "Property" is defined in Recital A abo~~e and described in Exhibit A attached to this Agreement. 1.3.4. "Public Improvements" means the improvcmcaits described on Exhibit C attached to this Agreement (see paragraph 3.1 below). 1.3.5. "Public Improvement Costs'• means all costs, expenses, fees and charges actually incurred and paid by or on behalf of O~ancr'Dcvcloper to contractors, architects, engineers, surveyors, governmental agencies, other proiessiorlals and consultants, and other third parties for materials, labor, planning, design, eng~ineerin~;, surveying, site excavation and • preparation, governmental pcr•rnits and payments, payment and performance bonds, other professional sere°ices, anti al I other costs and expenses related or incidental to and reasonably necessary for, the acquisition. improvement construction, installation, or provision of the Public Improvements, tobether with all costs associated with the acquisition of lands, rights- of-way and casements cithrr to be dedicated to the Town or upon which Public Improvements arc to be constructed, with Interestas provided in this Agreement. article ?. llc~ clopment of the Property. 2.1. Development Regulations. The development of the Property shall be governed by (i) the Marana Land Development Code, including the written rules, regulations, substantive procedures, and policies relating to development of land, adopted or approved by the Mayor and Council (collectively the "Marana Development Code") in effect on the effective date of this Agreement, (ii) the S L ~ 1 C approval, and (iii) this Agreement. In the event of any express conflict, the terms o#• this Agreement shall control over the SLUC approval and the Marana Development Code, and the SLUG Resolution shall control over the Marana Development Code. The requirements of this paragraph are collectively referred to as the "Development Regulations." 2.2. Initial Development Plan. Within 6 months of the date of this Agreement, the Owner/Developer shall prepare and submit to the Town a development plan (the "Initial Development Plan") for the initial construction of the Cemetery/Mortuary, consisting of an operational crematorium, a 6,000 to 8,000 square foot mortuary, approximately 3.5 acres of i00008130.DOC / 4} 2/23/200811:23 AM • MARANA CEMETERY DEVEIAPMENT AGREEMENT DRAFT: FOR DISCUSSION PURPOSES ONLY -2- • cemetery and related parking (the "Initial Improvements"). The Initial Development Plan will consist of site arrangement plans for the entire site and Phase I, which will include a defined area for permitted interim uses as defined in Section 1.2 of this Agreement. The items which the Town will require with development plan review will be a drainage report, Traffic Impact Statement, Archeological Clearance, an exhibit showing utility connections and a conceptual landscape plan defining buffers. 2.3. Development Review. The Property shall be developed in a manner consistent with the Development Regulations and this Agreement, which together establish the basic land uses, and the densities, intensities and development regulations that apply to th c 1 ana uses authorized for the Property. So long as the Owner/Developer does not change the cemetery. use and permitted interim uses for a portion of the Property, the Town will not reduirc a new approval process for changes in the site plan. Upon the Owner/Develop~r~ ~ ~•omplianre with the applicable development review and approval procedures and substantive requirements of the Development Regulations, the Town agrees to issue such permits ar approvals for the development of the Cemetery/Mortuary as may be requested by the Otivne~~'Dev~oper. The required pimits and approvals are paving and grading plan, relevant moditicati~ns to the drainage report, utility improvement plans, lighting plans, building permits for mortuary and service buildings, landscape improvement plans and. fencing plans, if relevant. 2.4. Temporary Access to Barnett Road. The Town shell allow continuous vehicular and utility access from Barnett Road to the Property until vehicular and utility access is provided via Tangerine Farms Road. The Town anticipates that a fixture drainage channel and linear park will • be constructed in the current location of Barnett Road (the "Barnett Channel"), and that Barnett Road will be closed to public vehicular traffic and its right of way converted to Town real property. Consequently, the Town is not obligated to allow vehicular or utility access from the Property to the current location oi~ Barnett Road after Tangerine Farms Road is open to the public. The Owner/Deti eloper shall design and construct the Initial Improvements so that in the future, when permanent vehicular access is provided to the east via the future Tangerine Farms Road, the temporary public vehicular access to Barnett can be terminated. Also the initial utility services ~~~ill be desi~led and constructed for future access from Tangerine Farms Road. When the Tangerine Farms Road utility connection is made, the Town will pay for reconnection to the Cemetcry'1\lortuary. The Owncr/Dc~ eloper will construct their improvements to tie to the future connection to "Tangerine Farms Road to their property line. 2.5. Draina~c. The current natural drainage of the Property is toward the northwest. The Owner/Developer shall dcsiyn the on-site drainage so that the Property will either drain to the south, to the east via conveyances under Tangerine Farms Road, once Tangerine Farms Road is improved, or retained ~~n-site. Upon completion of the Barnett Channel, the Town shall allow the Property to drain directly to the Barnett Channel. Until the Barnett Channel is completed, the Owner/Developer shall provide on-site drainage retention/detention on the Property in conformance with Northwest drainage requirements on an interim basis until such time as Barnett Channel is available. 2.6. Alternate Development Plans. Nothing in this Agreement shall require the Owner/Developer to construct the Cemetery/Mortuary on the Property. The Owner/Developer • shall give the Town written notice of its decision not to pursue the Cemetery/Mortuary use on the {00008130.DOC / 4} 2/23/200811:23 AM MARANA CEMETERY DEVELAPMENT AGREEMENT DRAFT: FOR DISCUSSION PURPOSES ONLY -3- Property. Upon receipt of the notice, the SLUG Approval shall be automatically rescinded, and • an amended development agreement shall be required for the Property. Article 3. Owner/Developer's Contributions for Public Improvements 3.1. Tangerine Farms Road Ri t-of--Way Dedication. Within 120 days of the Significant Land Use Change the Owner/Developer shall dedicate to the Town, free and clear of all liens and encumbrances, the easternmost ^250 feet of the Property for the future construction of Tangerine Farms Road. If the Town has not begun construction on at least a t«~o-lane roadway on the dedicated property by January , 2025 ownership shall revert to O« nc1- Developer. This right of reversion shall be extinguished once the Town has completed a road across the dedicated property. 3.2. Tangerine Farms Road Fair-Share Construction Contribution. "1'he Owner/Developer shall contribute $366,818 toward the construction of Tangerine Farms Road, payable in ten equal annual payments of $36,681.80, beginning on the first anniversary of the. effective date of approval of the Initial Development Plan and continuing each anniversary thercattcr until paid in full. The amount shall be secured by a deed of trust upon the mortuary portion of the Property. The Town will reasonably subordinate the deed of trust to any~`acquisition or construction financing for the Property. 3.3. Tangerine Farms Road Construction Cooperation. The TOEVn and the Owner/Developer shall cooperate in the construction of Tangerine Farms Road. 1~hc Town shall make every reasonable effort to maintain continuous public access to the Property during construction. The Owner/Developer shall grant reasonable slope and drainage easements and temporary construction easements as necessary for the eonstruction of the Tangerine Farms Road • improvements. 3.4. Bank Protection. In compliance with To~~~n Ordinance 99.02, Developer shall pay $500.00 per acre of affected 1'ropcrty for bank protection. The total obligation of Developer for the Project is ~11,7d~ ($,00 .~ ?3.-t9 affected acres). Full payment shall be made prior to issuance of a ~~rading permit i~~r tiny portion of the Property 3.~. ~~%ater Infrastructw-c. The O~~n~~-/Developer shall provide to the Utilities Director's satisfaction the necessaryplans and models that provide the required water main extension for potable and non- potable water, water demand- including fire protection modeling and the possibility of participating in storage, booster plant and well needs if the modeling shows the demand requires it. Article -1. Uwner/Developer's Payment of Development Impact Fees 4.1. Water Impact. I~ ees. The only Town development impact fees adopted by the Town pursuant to A.R.S. § 9-463.05 and currently applicable to the development of the Cemetery/Mortuary are the Gravity Storage and Renewable Water Resource Fee and the Water System Infrastructure Impact Fee, adopted by Marano Ordinance No. 2005.25. 4.2. Other Impact Fees. Except as specifically provided in the first sentence of paragraph 4.1 above, no surcharge, development fees or impact fees, exactions or impositions of any kind whatsoever .for water, sewer, utilities, streets or other transportation systems, parks, preserves, storm sewers, ,public safety or other public services or any other infrastructure cost or expense {00008130.DOC / 4} 2/23/200811:23 AM MARANA CEMETERY DEVELOPMENT AGREEMENT DRAFT: FOR DISCUSSION PURPOSES ONLY -4- • • shall be chargeable to the Owner/Developer or to any owner, lessee or occupant of the Development unless the use of the Property is altered and then only for a portion of the Property for which the use is changed. Article 5. Cooperation and Alternative Dispute Resolution. 5.1. Appointment of Representatives. To further the commitment of the Parties to cooperate in the progress of the development of the Cemetery/Mortuary, the Town and the Owner/Developer each shall designate and appoint a representative to act as a liaison between the Town and its various departments and the Owner/Developer. The initiai,,representative for the Town (the "Town Representative") shall be the Planning Director, and the initial representative for the Owner/Developer shall be ^Jon Aries or a replacement to be selected by the Owner/Developer. The representatives shall be available at all rrasunable times to discuss and review the performance of the Parties to this Agreement and the development of the Property. 5.2. Non-Performance: Remedies. If either Party does not perform under this Agreement (the "Non-Performing Party") with respect to any of that Party~s obligations under this agreement, the other Party (the "Demanding Party") shall be tntitlcd to gi~•e v~ritten notice in the manner prescribed in paragraph 6.28 below to the Non-Performing Parh'. which notice shall state the nature of the non-performance claimed and make demand that such non-performance be corrected. The Non-Performing Party shall then have (i) twentti• days from the date of the notice within which to correct the non-performance if it can reasonably be corrected by the payment of money, or (ii) thirty days from the date of the notice to cure the non-performance if action other than the payment of money is reasonably required, or if the non-monetary non-performance • cannot reasonably be cured ~~-ithin thirty days, then such longer period as may be reasonably required, provided and so long as the cure rs promptly commenced within thirty days and thereafter diligently 17rosecuted to u~mpletion. If anv non-performance is not cured within the applicable time period set ti~rth in this paragraph. then the Demanding Party shall be entitled to begin the mediation and arbitration proceedings set forth in this Article. The Parties agree that due to the si?c, nature and scope of the development of theCemetery/Mortuary, and due to the fact that it may not he practical or possible to restore the Property to its condition prior to OwneriDcveloper's development and improvement work, once implementation of this Agreement has begun, mcmcy damages ~u1d remedies atlaw will likely be inadequate and that specific perforrance will likely be appropriate for the non-performance of a covenant contained in this Agreement. This paragraph shall not limit any contract or other rights, remedies, or causes of action that c;ither Party may have at law or in equity. 5.3. Mediation. If thcrr is a dispute under this Agreement which the Parties cannot resolve between themselves, the Parties agree that there shall be a forty-five day moratorium on arbitration during which time the Parties agree to attempt to settle the dispute by nonbinding mediation before commencement of arbitration. The mediation shall be held under the commercial mediation rules of the American Arbitration Association. The matter in dispute shall be submitted to a mediator mutually selected by Owner/Developer and the Town. If the Parties cannot agree upon the selection of a mediator within seven days, then within three days thereafter the Town and the Owner/Developer shall request the presiding judge of the Superior Court in and for the County of Pima, State of Arizona, to appoint an independent mediator. The mediator selected shall have at least five years' experience in mediating or arbitrating disputes • {00008130.DOC / 4} 2/23/200811:23 AM MARANA CEMETERY DEVEI,oPMENT AGREEMENT DRAFT: FOR DISCUSSION PURPOSES ONLY -5- relating to real estate development. The cost of any such mediation shall be divided equally • between the Town and the Owner/Developer. The results of the mediation shall be nonbinding on the Parties, and any Party shall be free to initiate arbitration after the moratorium. 5.4. Arbitration. After mediation, as provided for in this Article, any dispute, controversy, claim or cause of action arising out of or relating to this Agreement shall be settled by submission of the matter by both Parties to binding arbitration in accordance with the rules of the American Arbitration Association and the Arizona Uniform Arbitration Act, A.R.S. § 12-501 et seq., and judgment upon the award rendered by the arbitrator(s) may he entered in a court having jurisdiction. Article 6. General Terms and Conditions. 6.1. Term. This Agreement shall become effective upon its execution t7y all the Parties and the effective date of the resolution or action of the To«°n ('ouncil approvinb this Agreement (the "Effective Date"). The term of this Agreement shall bc~in on the Effective Date and, unless sooner terminated by the mutual consent of the Par-tics, shall automatically trnninatc and shall thereafter be void for all purposes, so long as all oblil;ations oh the parties have been performed, on the thirteenth anniversary of the Effective Date. If the Parties detirrmine that a longer period is necessary for any reason, the term of this Agreement ma}~ he extended by written agreement of the Parties. 6.2. Waiver. No delay in exercising any ri`~lrt or remedy shall constitute a waiver of that right or remedy, and no waiver by the Town or the OwneriDc;veloper of the non-performance of any covenant of this Agreement shall be construed as a waiver of an_y preceding or succeeding breach of the same or any other covenant or condition of this Agreement. 6.3. Attorney's Fees. If anv Park- brings a la~~-suit or arbitration proceeding against any other Party to enforce anv of the terms, covenants or conditions of this Agreement, or by reason of any non-performance of this A~recmcnc, the prevailing, ['arty shall be paid all reasonable costs and reasonable attorneys fees by the other Party, in an amount determined by the court or arbitrator and not b y th c jury. N oth i n ~~ i n the. u s c o [, the word "lawsuit" in the preceding sentence shall constihte a waiver of }~aragrahh 5,~} above, requiring disputes to be resolved by binding arbitration. 6.4. 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 signlture ha~~es .from one or more counterparts may be removed from the counterparts and attached to a single instrument so that the signatures of all Parties may be physically attached to a single document. 6.5. Headings. Tl1e descriptive headings of this Agreement are intended to be used to assist in interpreting the meaning and construction of the provisions of this Agreement. 6.6. Recitals. The recitals set forth at the beginning of this Agreement are hereby acknowledged, confirmed to be accurate and incorporated here by reference. 6.7. Exhibits. Any exhibit attached to this Agreement shall be deemed to have been incorporated in this Agreement by reference with the same force and effect as if fully set forth in the body of this Agreement. {00008130.DOC / 4} 2/23/200811:23 AM MARANA CEMETERY DEVEIAPMENT AGREEMENT DRAFT: FOR DISCUSSION PURPOSES ONLY -6- • 6.8. Further Acts. Each of the Parties shall execute and deliver all documents and perform all acts as reasonably .necessary, from time to time, to carry out the matter contemplated by this Agreement. Without limiting the generality of the foregoing, the Town shall cooperate in good faith and process promptly any requests and applications for plat or permit approvals or revisions, and other necessary approvals relating to the development of the Cemetery/Mortuary. 6.9. Time Essence. Time is of the essence of each and every obligation by the Town and Owner/Developer under this Agreement. 6.10. Successors and Assigns. This Agreement shall inure to the benefit of and. be binding upon the successors and assigns of the Parties pursuant to A.R.S. ~ 9-SOt).OS (D). No assignment, however, shall relieve either party of its obligations under this A gr~ement, except that an assignment by Owner/Developer in connection with the transfc~~ of title to the Property shall relieve Owner/Developer of its obligations under this Agreement if the transferee agrees to be fully bound by the provisions of this Agreement. Any assignment by Owner~Developer shall be subject to the approval of the Town, which shall not be utlreasonably withheld o~ delayed. Notwithstanding the foregoing, Owner/Developcr may, without the Town's consent, assign this Agreement to any Affiliate of Owner/Developer, or a~w entity in which Owner/Developer or an Affiliate of Owner/Developer is a managing member or managing partner or any entity in which SWAN MANAGEMENT, LLC and MARINA MORTUARY cS~ CEMETERY PROPERTIES, LLC are owners. As used in this paragraph, the term ":4ffiliate" meaa~s any entity under common control with Owner/Developer. 6.11. Lender Provisions. Notwithstanding paragraph (~. I O above, the Town is aware that • financing for development, construction, and ohcration of the Cemetery/Mortuary may be provided, in whole or in hart, from time to time, by one ~r more third parties (collectively, "Lender"), and that Under m~iv request a collateral assignment of this Agreement as part of its collateral .for its loan tc~ O~~°ncn Dcvel~per. The Town agrees that such collateral assignments are permissible without the consent of the Tn«~u. In the event of non-performance by Owner/Developcr, the Town shall provide notice of non-performance to any Lender previously identified in writing to the To~~~n at the same time notice is provided to Owner/Developer. If a Lender is permitted under the. terms of its agreement with Owner/Developer to cure the non- perfor7nanc-e and/or to asswnc OwneriDeveloper's position with respect to this Agreement, the Town agrees to recognize the rights of Lender and to otherwise permit Lender to assume such rights and ubli`~ations of O~I~ner/Developer under this Agreement. Nothing contained in this Agreement shall be deemed to prohibit, restrict, or limit in any waythe right of a Lender to take title to all or any portion ~~f the Property, pursuant to a foreclosure proceeding, trustee's sale, or deed in lieu of foreclosure. The Town shall, at any time upon request by Owner/Developer or Lender, provide to ,any Lender an estoppel certificate, acknowledgement of collateral assignment, or other document evidencing that this Agreement is in full force and effect, that it has not been amended or modified (or, if appropriate, specifying the amendment or modification), and that no non-performance by Owner/Developer exists under this Agreement (or, if appropriate, specifying the nature and duration of any existing non-performance) and certifying to such other matters reasonably requested by Owner/Developer or Lender. Upon request by a Lender, the Town will enter into a separate assumption or similar agreement with the Lender consistent with the provisions of this paragraph. • {00008130.DOC / 4} 2/23/200811:23 AM MARANA CEMETERY DEVELOPMENT AGREEMENT DRAFT: FOR DISCUSSION PURPOSES ONLY -7- 6.12. No Partnership. It is not intended by this Agreement to, and nothing contained in this • Agreement shall, create any partnership, joint venture or other arrangement between the Owner/Developer and the Town. 6.13. Third Party Beneficiaries. No term or provision of this Agreement is intended to, or shall be for the benefit of any person, firm, organization or corporation not a party to this Agreement, and no such other person, firm, organization or corporation shall have any right or cause of action under this Agreement. This Agreement is made and entered into for the sole protection and benefit of the Parties and their permitted assigns, and no person other than the Parties and their permitted assigns shall have any right of action based upon any provision of this Agreement. 6.14. Other Instruments. Each Party shall,. promptly upon the request of the other, have acknowledged and delivered to the other any and all further instruments and assurances reasonably request or appropriate to evidence or give effect to the provisiarls of this Agreement. 6.15. I~osition of Duty by Law. This Agreement does not relieve any Party of any obligation or responsibility imposed upon it bylaw. 6.16. Entire Agreement. This Agreement, including the attached exhibits, constitutes the entire agreement between the Parties pertaining to the subjc~t matter of this Agreement. All prior and contemporaneous agreements, representation and undcrstancling of the Parties, oral or written, are hereby superseded and merged in this Ab Bement. 6.17. Amendments. No change or addition shall be made to this Agreement except by a written amendment executed by the Parties. The Parties agree to cooperate and in good faith • pursue any amendments to this Agreement that arc reasonably necessary to accomplish the goals expressed in this Agreement. Within ten days after any amendment to this Agreement, it shall be recorded in the office of the Pima County Recorder by and at the expense of the Party requesting the amendment. 6.18. Names and Plans. Subject to customary reservations by the architects and other design professionals of copyrights to plans and specifications, the Owner/Developer shall be the sole owner- of all names, titles; plans. dra~~~ings, specifications, ideas, programs, ideas, designs, and work products of every nature at an_y time developed, formulated or prepared by or at the instance of the Owner/Developer ifi connection with the Property or any plans; provided, however, that in connection with any conveyance of portions of the infrastructure as provided in this Agreement such rights pertaining to the portions of the infrastructure so conveyed shall be assigned to the extent that such rights are assignable, to the appropriate governmental authority. 6.19. Good Standing; Authority. The Owner/Developer represents and warrants to the Town that it is duly formed and validly existing under the laws of the state of Arizona. The Town represents and warrants to the Owner/Developer that it is an Arizona municipal corporation with authority to enter into this Agreement under applicable state laws. Each Party represents and warrants that the individual executing this Agreement on its behalf is authorized and empowered to bind the Party on whose behalf each such individual is signing. 6.20. Severability. If any provision of this Agreement is declared illegal, invalid or unenforceable, in whole or in part, under present or future laws, it shall be severed from the remainder of this Agreement, which shall otherwise remain in full force and effect. In lieu of the • 2 23 200811:23 AM {00008130.DOC / 4} / / MARANA CEMETERY DEVELOPMENT AGREEMENT DRAFT: FOR DISCUSSION PURPOSES ONLY -8- • illegal, invalid or unenforceable provision, there shall be added automatically as part of this Agreement a provision as similar in terms to the illegal, invalid, or unenforceable provisions as may be possible and still be legal, valid, and enforceable, and this Agreement shall be deemed reformed accordingly. 6.21. Governing Law. This Agreement is entered into in Arizona and shall be construed and interpreted under the laws of Arizona, and the Parties agree that any litigation or arbitration shall take place in Pima County, Arizona. Nothing in the use of the word "litigation" in the preceding sentence shall constitute a waiver of paragraph 5.4 above, requiring disputes to be resolved by binding arbitration. 6.22. Interpretation. This Agreement has been negotiated by the Town and the Owner/Developer, and no Party shall be deemed to have drafted this Agreement for purposes of construing any portion of this Agreement for or against any Part;. 6.23. Recordation. The Town shall record this Agreement in its entirety in the office of the Pima County Recorder no later than ten days after it has been executed by the Torn and the Owner/Developer. 6.24. No Owner/Developer Representations. Nothing contained in this Agreement shall be deemed to obligate the Town or the 0~-ner/Developer to oc»nmence or complete any part or all of the development of the Property. 6.25. Approval. If any Party is required pursuant to this A~~rccm~nt to give its prior written approval, consent or permission, such approval a~nsent or permission shall not be unreasonably • withheld or delayed. 6.26. Force Majeurc. If anv Party shall be unable to observe or perform any covenant or condition of this Agreement bv_ reason of "force nl<ljcure," then the failure to observe or perform such covenant or condition shall not constitute s~i event of non-performance under this Agreement so long as such Party shall use its e~mn~creially reasonable efforts to remedy with all reasonable dispatch the event or condition causinb such inability and such event or condition can be cured ~~~ithin a rcasonatilc amount of time. "Force majeure" as used in this paragraph means any condition or event not reasonably within the control of such Party, including without limitation, "acts of God," strikes. lock-outs, or other disturbances of employer/employee relations; acts of public enemies; orders or restraints of any kind of government of the United States or any state or subdivision thereof or any of their departments, agencies, or officials, or of any civil or military authority; insurrection; civil disturbances; riots; epidemics; landslides; lightning; earthquak cs ; ~ u b s i dence; fires; hurricanes; storms; droughts; floods; arrests, restraints of government and of people; explosions; and partial or entire failure of utilities. Failure to settle strikes, lock-outs and,; other disturbances of employer/employee relations or to settle legal or administrative proceedings by acceding to the demands of the opposing party or parties, in either case when such course is, in the judgment of such Party, unfavorable to a Party shall not constitute failure to use its best efforts to remedy such a condition. 6.27. Conflict of Interest. This Agreement is subject to A.R.S. § 38-511, which provides for cancellation of contracts in certain instances involving conflicts of interest. 6.28. Notices and Filings. All notices, filings, consents, approvals and other communications . provided for in or given in connection with this Agreement shall be validly given, filed, made, {00008130.DOC / 4} 2/23/200811:23 AM MARANA CEMETERY DEVELAPMENT AGREEMENT DRAFT: FOR DISCUSSION PURPOSES ONLY -9- transmitted or served if in writing and delivered personally, sent via overnight national courier, or sent by registered or certified United States mail, postage prepaid, if to (or to such other • addresses as any Party may from time to time designate in writing and deliver in a like manner): To the Town: Town Manager TOWN OF MARANA Marana Municipal Complex 11555 West Civic Center Drive, A3 Marana, Arizona 85653 To the Owner/Developer: Marana Mortuary & Cemetery Pro{~ertics, LLC c/o Terramar Properties 2200 EAST RIVER ROAD, SUITE 105 Tucson, AZ 85718 with a copy to: SWAN MANAGEMENT LLC 8261 East Cholla Drive Tucson, AZ 85718 ~~ [Remainder of page intentionally left blank..]. • {00008130.DOC / 4} 2/23/200811:23 AM • MARANA CEMETERY DEVELAPMENT AGREEMENT DRAFT: FOR DISCUSSION PURPOSES ONLY -10- • IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date set forth below their respective signatures. TowN: THE TOWN OF MARANA, an Arizona municipal corporation OWNER/DEVELOPER: SWAN MANAGEMENT, LLC, an Arizona limited liability company By: By: Ed Honea, Mayor Jonathan Aries, its member Date: Date: MAR.at~'_~. MORTUARY & CIA-9PTERY ATTEST: PK~>i>i_K rIES, L.L.C., an At-izona limited liability c~~mp;~ny Jocelyn C. Bronson, Clerk PAH~.~ti ~ ~R. L.L.C., an Arizona limited liability a>mpany, its manager APPROVED AS TO FORM: MATT-~~:~~' SCOTT STITELER REVOCABLE TRi'S-r, its manager. • Frank Cassidy, Town Attorney By Matthew Scott Stiteler, Trustee STATE OF ARIZONA ss County of Pima The foregoing instrument ~~ as acknowledged before me on by Jonathan Aries, manager of SWAN NL~;vACEMENT, LLC, an .~rizonc~ limited liability company, on behalf of the LLC. My commission expires: Notary Public STATE OF ARIZONA Ss County of Pima ) The foregoing instrument was acknowledged before me on by Matthew Scott Stiteler, trustee of the MATTHEW SCOTT STITELER REVOCABLE TRUST, manager of PAHLMEYER, L.L.C., an Arizona limited liability company, on behalf of the LLC. My commission expires: • Notary Public {00008130.DOC / 4} 2/23/200811:23 AM MARANA CEMETERY DEVELOPMENT AGREEMENT DRAFT: FOR DISCUSSION PURPOSES ONLY -11- LIST OF EXHIBITS A. Legal description of the Property B. Conceptual description of the master site plan for the Cemetery/Mortuary C. Description of the Public Improvements U • {00008130.DOC / 4} MARANA SPECTRUM DEVEIAPMENT AGREEMENT EXHIBIT A -12- 12/18/20078:47 PM • ~+ XHIBIT A Legal description of the Property • {00008130.DOC / 4} MARANA SPECTRUM DEVEIAPMENT AGREEMENT EXHIBIT A 12/18/2007 8:47 PM ExxTSIT B • Conceptual description of the master site plan for the Cemetery/Mortuary • • {00008130.DOC / 4} 12/18/2007 8:47 PM MARANA SPECTRUM DEVELOPMENT AGREEMENT EXHIBIT B • ExxisIT C Description of the Public Improvements ~~~ • • {00008130.DOC / 4} MARANA SPECTRUM DEVEIAPMENT AGREEMENT EXHIBIT C 12/18/2007 8:47 PM ~nWN t)R. TOWN COUNCIL MEETING TOWN OF MARANA - 9 MA~zANa ; INFORMATION ~`"'' '4R12UhP MEETING DATE: June 10, 2008 AGENDA ITEM: E.3 TO: MAYOR AND COUNCIL FROM: Deb Thalasitis, Assistant Town Manager SUBJECT: Presentation: Discussion/Direction on Classification Compensation Study DISCUSSION The purpose of this item is to provide Council with an update and recommendation regarding the employee classification and compensation study as the work on this study comes to a close. Based on the Council's direction this evening, staff will return with a proposed pay plan and any needed changes to the Town's Personnel Policies and Procedures for Council's adoption at the June 17, 2008 meeting. The Town's consultant, John Hankerson from Milliman, will assist staff in presenting the following items: • A discussion of the components of the proposed compensation philosophy for the Town (attached). A key component of the proposed compensation philosophy is "market plus performance." The compensation philosophy document was developed based on the interviews conducted in January with Council members and department directors. • Results of the market study, including a review of the entities used in the market surveys; a discussion of the positions that were reviewed; and total or overall position of Marana's employee compensation as it relates to the market. Council may recall that staff provided a brief overview of the results during the May 29, 2008 study session regarding the FY 2008-09 budget. This presentation will go into more detail. • A discussion of the proposed pay structure and how the concept of market plus performance will be implemented. The Town has been working with the consultant to develop a pay system that allows employees to move through the salary range based. on performance, with strong performers being rewarded with the potential for more aggressive movement through the salary range. The market median is tied to the midpoint of the salary range. • An overview of policy and procedure changes. • A discussion of implementation strategy such as funding and employee communication. ATTACHMENT(S) Total Pay Philosophy RECOMMENDATION Staff is seeking Council direction and/or concurrence with the policies and strategies being presented. SUGGESTED MOTION Direction only. No formal action requested at this time. Adoption of a pay plan and policies will be returned for Council consideration on the June 17, 2008 meeting agenda. -2- • Total Pay Philosophy Marana is dedicated to maintaining a friendly environment where people can work, shop, live and play. The Town's purpose is to provide citizens with high-quality and valuable municipal services that enhance and benefit their lives. Town staff is responsive and responsible when working with public and private entities to ensure that Marana remains a safe, stable and attractive community. As public servants, the Town is a high performance organization and hires the best, most qualified, customer-focused employees as part of the team. Strong performance is what the community expects from employees and what employees expect from themselves and each other. Employees are the life blood of the Town, providing the most cost-effective, reliable, customer- focused service to the community. The Town seeks out individuals who are able to provide high levels of customer service, who exhibit leadership and professionalism, who are responsive to the needs of the community, who can embrace the Town's vision and use creative thinking for solving problems, with the highest levels of integrity. The Town is committed to: ^ Providing a positive and forward-thinking work environment that welcomes and values new ideas from all employees and that is friendly and committed to serving the citizens of Marana. ^ Providing a competitive total compensation package. ^ Providing opportunities for our employees to grow and develop their skills, knowledge, and ultimately their careers. ^ Making performance important in our total pay program. Performance matters to the Town and its customers. ^ Ensuring individual accountability for results so that the Town's ability to attract and retain highly skilled and committed employees is not at risk. ^ Ensuring that the strongest performing employees receive above average total compensation to reflect their contribution to our success. ^ Empowering managers and employees to do their jobs well ^ Communicating openly with employees about the Town's business/mission, its successes and challenges, and opportunities for improvement. The total compensation program at the Town is made up of salary/wages, benefits, and other less tangible elements that are of value to employees such as the work environment, security, • staying healthy, career opportunities, etc. Each element plays a role in the Town's .pay strategy. Salary: We provide pay opportunity (e.g. ranges or steps) that is designed to provide • managers flexibility and to provide at or above market median cash compensation to those employees who are strong performers and consistently make contributions to the Town's success. The market is regularly assessed to ensure that salary ranges remain competitive. Market: .The Town's market is defined as public and private sector employers similar to Marana in size and complexity, and in locations where we look to secure labor talent. In general this means: Hourly staff: Local area and Pima County labor markets Prof/Mgmt: Local, regional and national public and private sector organizations Benefits: The Town's benefits in total are targeted to provide above average value to its employees. Each individual benefit program is designed to provide an employee with security in case of unforeseen events and for retirement. The Town's goal is to attract, retain and motivate committed, hard-working, creative and thoughtful employees who support the Town's mission to exceed the expectations of our community, not only in service delivery but in building a better place for all to live and work. • • ~OwN OF TOWN COUNCIL -- MEETING TOWN OF MARANA 9 M,aRa,rva ; INFORMATION ' ``' gklZO~p MEETING DATE: June 10, 2008 AGENDA ITEM: E. 4 TO: MAYOR AND COUNCIL FROM: Deb Thalasitis, Assistant Town Manager SUBJECT: Discussion/Direction: Town Magistrate Selection DISCUSSION The purpose of this item is to transmit to the Council the applications of those candidates who met the minimum qualifications for the position of Town Magistrate. A total of 15 individuals applied for the position, and 13 of those met the minimum qualifications established by the Council at its May 13, 2008 meeting. The minimum qualifications are: • Juris Doctor (JD) from an accredited college of law • Admission to the State Bar of Arizona • No prior history of removal for cause from a judicial position • 10 years of progressively responsible experience as a practicing attorney, judge or hear- ing officer Of the two candidates who did not meet the minimum qualifications, one of the candidates does not possess a law degree, is not a member of the State Bar of Arizona and has not practiced law. The second individual has practiced law in Arizona for nine years and nine months, just under the requisite 10 years. However, this individual has self-reported that he has less than three years of Arizona experience in criminal and traffic cases and therefore does not rise to the strength of the other applicants who do meet the minimum qualifications. As a result, staff has not for- warded either of these two applications to the Council for consideration, but will make them available if Council so directs. Staff has grouped the remaining 13 candidates who met the minimum qualifications into catego- ries based on the self-reported preferred qualifications of the candidates. The preferred qualifica- . tions adopted by the Council are: • Experience as an attorney, judge or hearing officer in criminal or traffic cases as a mem- ber ofthe State Bar of Arizona • Experience managing legal or judicial staff as an attorney, judge or hearing officer GROUP I -Greater than FIVE years Arizona Criminal or traffic cases; Greater than FIVE years supervising legal staff: • Eugene Hays -admitted to AZ Bar 9/1973 (34 years, 8 months) • Paul McCullar -admitted to AZ Bar 10/1977 (30 years 8 months) • Linda Scharback -admitted to AZ Bar 2/1987 (21 years, 4 months) • Charles Davies -admitted to AZ Bar 10/1987 (22 years, 8 months) • Ken Bowman -admitted to AZ Bar 6/1994 (14 years) • Stacy Stauffer -admitted to AZ Bar 5/1997 (11 years, 1 month) GROUP II -Greater than FIVE years Arizona criminal or traffic cases; Less than FIVE _ eay rs supervising legal staff• • David Maldonado -admitted to AZ Bar 10/99 (9 years, 8 months) • Daniel Jurkowitz -admitted to AZ Bar 10/97 (10 years, 8 months) • Kate Dawes -admitted to AZ Bar 5/19$2 (26 years, 1 month) • Gilda Terrazas -admitted to AZ Bar 5/1988 (20 years, w month) GROUP III -THREE TO FIVE years Arizona criminal or traffic cases: varied _ eay rs supervis- ing le al~staff_~. • Paul Eckerstrom -admitted to AZ Bar 10/1986 (22 years, 10 months) GROUP IV -LESS THAN ONE year Arizona criminal or traffic cases; varied years supervis- ing le alb • Charles Sutton -admitted to AZ Bar 8/2000 (7 years, 10 months) • Thom Cope -admitted to AZ Bar 5/2007 (1 year, 1 month) As noted in the process schedule, staff has conducted preliminary background reviews (public records searches) on all of the candidates who met the minimum qualifications. There were no issues identified. Staff will conduct full reference checks on the candidates selected for inter- view. ATTACHMENT(S) 2008 Magistrate recruitment and selection process RECOMMENDATIONS Staff is recommending that Council place an emphasis on the preferred requirements to distin- guishbetween candidates. Of these, legal experience with criminal and traffic cases in Arizona is critical. The majority of the caseload in the Marana Municipal court encompasses these two areas. Equally important is supervisory experience. All candidates who met the minimum quali- fications have self-reported supervisory experience. Given the high quality of the candidate pool, it is recommended that Council consider interviewing candidates Groups I, II and III be- cause of the Arizona traffic and criminal case experience of candidates in those three groups. 2 o6i6i2oos cup Acting Chief Magistrate and Superior Court Presiding Judge Jan Kearney will be providing the Town Council with a letter outlining her recommendations for the experience and skills she rec- ommends the Council consider. This will be provided to the Town Council on Tuesday. Discus- sion ofthe candidates will occur in Executive Session. Additionally, staff will review potential interview questions in Executive Session. Council will be asked to provide staff with direction from the Executive Session as a regular action item. SUGGESTED MOTION I move that staff contact the selected candidates for interviews and initiate the reference check process. 3 06/6/2008 CIH TOWN OF MARANA 2008 MAGISTRATE RECRUITMENT AND SELECTION PROCESS 1. May 14 -May 28, 2008. Advertise the position in the State Bar of Arizona career center web page, the Arizona Supreme Court employment web page, the Arizona Daily Star and Jobbing.Com (career web site used for Town vacancy announcements). Applicants will be required to complete a supplemental questionnaire and submit a resume and cover letter that discusses how their background meets the requirements of the position. 2. June 5, 2008. The Town Manager's Office completes screening of application materials for attainment of minimum qualifications, completes the preliminary background screening (public records check) on those candidates meeting the minimum qualifications and forwards application materials to the Town Council for their review. 3. June 10, 2008. The Town Council. identifies the candidates who will be invited for an interview and the Town Council provides direction to .staff concerning development of interview questions (Executive Session). The Town Council directs staff to notify the candidates who will be invited for an interview (regular session). 4. June 23, 2008. The Town Manager's Office completes confidential reference checks on candidates invited to interview. 5. June 24, 2008. Special Council Meeting to interview Town Magistrate candidates. Process to include presentation by Magistrate candidates in public session. Reference check results to be discussed in Executive Session. Town Council interviews candidates and deliberates on selection in Executive Session, selecting a top candidate and alternate(s). In public session, the Town Council directs staff to begin contract negotiations with the top candidate (not identified by name at this time) subject to satisfactory completion of a drug screen and the full background investigation. 6. June 25, 2008. The Town Manager's Office begins contract negotiations with the top candidate and makes a condition job offer pending outcome of a satisfactory drug screen and full background check. The individual receiving this conditional offer of employment will immediately be required to begin the process for the full background investigation by the Marana Police Department, the Arizona Department of Public Safety, and Federal Bureau of Investigation. 7. July 10, 2008. Background investigation and contract negotiations completed. 8. July 15, 2008. Council approval of Magistrate contract; or direction to staff to proceed with the alternate candidate should background or contract negotiations be unsuccessful with the first candidate. Should the latter be the case, council will receive a briefing in Executive Session prior to providing direction to staff. 9. July 21, 2008. Targeted first day of work for new Town Magistrate.