HomeMy WebLinkAbout09/16/2008 Council Agenda PacketREGULAR COUNCIL MEETING
NOTICE AND AGENDA
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, September 16, 2008, at or after 7:00 PM
Ed Honea, Mayor
Herb Kai, Vice Mayor
Russell Clanagan, Council Member
Patti Comerford, Council Member
Carol McGorray, Council Member
Jon Post, Council Member
Roxanne Ziegler, Council Member
ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED, ON THIS AGENDA.
Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items appear in
italics.
As a courtesy to others, please turn off or put in silent mode all pagers and cell phones.
Meeting Times
Welcome to this Marana Council meeting. Regular Council meetings are usually held the first and
third Tuesday of each month at 7:00 p.m. at the Marana Town Hall, although the date or time may
change, or Special Meetings may be called at other times and/or places. Contact Town Hall or watch
for posted agendas for other meetings. This agenda may be revised up to 24 hours prior to the
meeting. In such a case a new agenda will be posted in place of this agenda.
Speaking at Meetings
If you are interested in speaking to the Council during Call to the Public, Public Hearings, or other
agenda items, you must fill out a speaker card (located in the lobby outside the Council Chambers)
and deliver it to the Town Clerk. prior to the convening of the meeting.
All persons attending the Council meeting, whether speaking to the Council or not, are expected to
observe the Council Rules, as well as the rules of politeness, propriety, decorum and good conduct.
Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from
the meeting and will not be allowed to return.
Accessibility
To better serve the citizens of Marana and others attending our meetings, the Council Chambers are
wheelchair and handicapped accessible. Any person who, by reason of any disability, is in need of
special services as a result of their disability, such as assistive listening devices, agenda materials
printed in Braille or large print, a signer for the hearing impaired, etc., will be accommodated. Such
Regular Council Meeting -September 16, 2008 -Page 1 of 86
special services are available upon prior request to the Town Clerk at least 10 working days prior to
the Council meeting.
Agendas
Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers
or online at www.marana.com, by linking to the Town Clerk page under Agendas, Minutes and
Ordinances. For questions about the Council meetings, special services or procedures, please contact
the Town Clerk, at 382-1999, Monday through Friday from 8:00 a.m. to 5:00 p.m.
Posted no later than Monday, September 15, 2008, 7:00 PM, at the Martina Municipal Complex, the
Marana Operations Center and at www.marana.com under Town Clerk, Agendas, Minutes and
Ordinances.
REGULAR MEETING
CALL TO ORDER AND ROLL CALL
PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE
APPROVAL OF AGENDA
CALL TO THE PUBLIC
At this time any member of the public is allowed to address the Town Council on any issue not
already on tonight's agenda. The speaker may have up to three minutes to speak. Any persons
wishing to address the Council must complete a speaker card located outside the Council
Chambers and deliver it to the Town Clerk prior to the commencement of the meeting. 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.
PRESENTATIONS
P 1: Presentation: Quarterly Financial Report /Preliminary results for fiscal
year 2007-08. (Erik Montague)
P 2: Presentation: Relating to an Update on the Silverbell Road and District Park
Projects. (Barbara Johnson /Tom Ellis)
ANNOUNCEMENTS/iTPDATES
PROCLAMATIONS
MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS
MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS
STAFF REPORTS
Chamber Quarterly Report (Ed Stolmaker, Marana Chamber of Commerce)
Regular Council Meeting -September 16, 2008 -Page 2 of 86
GENERAL ORDER OF BUSINESS
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.
C 1: Resolution No. 2008-117: Relating to Public Services: approving and
authorizing an amendment to the intergovernmental agreement between the
Regional Transportation Authority and the Town of Marana to add construction of
wildlife crossings to the Camino de Manana Linda Vista Boulevard to Tangerine
Road, Roadway and Drainage Improvements. (Barbara Johnson)
C 2: Relating to Development Impact Fees: The filing of the annual development
impact fee report to account for the collection and use of development fees as
required by ARS § 9-463.05. (Erik Montague)
C 3: Resolution No. 2008-118: Relating to Development; approving and
authorizing a final plat for Qwest -Marana Facility, Lots 1 and 2. (Kevin Kish)
C 4: Resolution No. 2008-119: Relating to administration; authorizing the Parks
and Recreation Director, under the general and specific direction of the Town
Manager or designee, to execute agreements on behalf of the Town regarding the
use of Town of Marana parks and associated facilities. (Cedric Hay)
COUNCIL ACTION
A 1: Ordinance No. 2008.21: Relating to Utilities; Adopting wastewater rates, rate
components, fees, and service charges, and establishing an effective date. (Barbara
Johnson /Frank Cassidy)
A 2: Ordinance No. 2008.22: Relating to Development; approving and authorizing
a modification to the rezoning conditions of Ordinance 2007.09 (Villages of
Tortolita Specific Plan). (Kevin Kish )
A 3: Resolution No. 2008-120: Relating to Utilities; approving and authorizing the
Mayor to execute a Partial Assignment of Rights and Assumption of Obligations of
Central Arizona Project Municipal and Industrial Water Service Subcontract and an
Agreement among the United States, the Central Arizona Water Conservation
District, and the Town of Marana; and declaring an emergency. (Frank Cassidy)
A 4: Resolution No. 2008-121: Relating to Police Department; providing for the
appointment of Terry Tometich as Chief of Police; and declaring an emergency.
(Gilbert Davidson)
A 5: Resolution No. 2008-122:. Relating to Economic Development; Approving
and authorizing the Mayor to execute a financial participation agreement between
Tucson Regional Economic Opportunities, Inc., and the Town of Marana to support
Regular Council Meeting -September 16, 2008 -Page 3 of 86
regional economic development activities (Gilbert Davidson)
A 6: Resolution No. 2008-123: Relating to Real Estate; Vacating a portion of the
publicright-of--way of Camino de Mariana that crosses the Union Pacific Railroad
property, and declaring an emergency. (Frank Cassidy)
BOARDS, COMMISSIONS AND COMMITTEES
B 1: Council Citizen Advisory Commission Assignments. (Gilbert Davidson)
ITEMS FOR DISCUSSION/POSSIBLE ACTION
EXECUTIVE SESSIONS
E 1: Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for: discussion or
consultation for legal advice with the Town Attorney concerning any matter listed on this
agenda.
E 2: Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), discussion
or consultation for legal advice with the Town's attorneys and discussion and to
consider its position and instruct the Town Manager and staff concerning (1) the
lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana
(consolidated), Maricopa County Superior Court No. CV2008-001131, (2) pending
legal issues, settlement discussions and contract negotiations relating to the
transition of Marana wastewater collection and treatment to the Town of Marana.
E 3: Executive session pursuant to A.R.S. § 38-431.03(A)(3) and (4) for discussion
or consultation with the Town's attorneys regarding a holdover tenancy in a Marana
housing program unit.
E 4: Executive session pursuant to A.R.S. § 38-431.03(A)(3) and (4) for discussion
or consultation with the Town's attorneys to consider the Town's position and
receive legal advice concerning public roadways affecting and in the vicinity of the
Saguaro Ranch development, including Thornydale Road right-of--way north of the
roundabout near the Saguaro Ranch entry and the "public easement" that is the
subject of the pending litigation entitled Theresa Chamberlain vs. Saguaro Ranch
Development Corporation, Pima County Superior Court No. 020083779
FUTURE AGENDA ITEMS
Notwithstanding the mayor's discretion of what items to place on the agenda, if three or more
council members request an item to be placed on the agenda, it must be placed upon the agenda
for the second regular town council meeting after the date of the request (Marana Town Code,
Title 2, Chapter 2-4, Section 2-4-2 B)
ADJOURNMENT
Regular Council Meeting -September 16, 2008 -Page 4 of 86
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11555 W. CNIC CENTER DRIVE, MARANA, ARIZONA 85653
COUNCIL CHAMBERS, September 16, 2008, 7:00:00 PM
To: Mayor and Council
From: Erik Montague ,Finance Director
Item P 1
Subject: Presentation: Quarterly Financial Report /Preliminary results for fiscal year 2007-08.
Discussion:
Staff will provide Mayor and Council with the preliminary results (financial position) for fiscal
year ended June 30, 2008. Additionally, staff will present fiscal year 2008-09 results through
August.
The presentation will be distributed on or before the meeting.
ATTACHMENTS:
_~an-se: Description.: Type:
Ne ,~tiachments Available
Staff Recommendation:
Suggested Motion:
None. Presentation for discussion purposes.
Regular Council Meeting -September 16, 2008 -Page 5 of 86
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11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
COUNCIL CHAMBERS, September 16, 2008, 7:00:00 PM
To: Mayor and Council Item P 2
From: Barbara Johnson /Tom Ellis ,Public Services Mgr /Parks and Recreation Dir
Subject: Presentation: Relating to an Update on the Silverbell Road and District Park Projects.
Discussion:
Barbara Johnson, Public Services General Manager and Tom Ellis, Parks and Recreation Director
will provide a joint presentation on the current status of the Silverbell Road and Silverbell
District Park projects.
ATTACHMENTS:
'~Tan-~e: DesL~-iption: Type:
No Attachments A4~ailable
Staff Recommendation:
Informational only.
Suggested Motion:
None. Informational only.
Regular Council Meeting -September 16, 2008 -Page 6 of 86
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11555 W. CIVIC CENTER DR]VE, MARANA, ARIZONA 85653
COUNCIL CHAMBERS, September 16, 2008, 7:00:00 PM
To: Mayor and Council
From: Barbara Johnson , .General Manager, Public Services
Item C 1
Subject: Resolution No. 2008-117: Relating to Public Services: approving and authorizing an
amendment to the intergovernmental agreement between the Regional Transportation
Authority and the Town of Marana to add construction of wildlife crossings to the
Camino de Mariana Linda Vista Boulevard to Tangerine Road, Roadway and Drainage
Improvements.
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 of Marana is committed to
the addition of wildlife crossings to the Camino de Mariana Linda Vista Boulevard to Tangerine
Road, Roadway and Drainage Improvements, and the RTA has expressed its desire to cooperate
in the wildlife crossings as well. The wildlife crossings include three small and one large
crossing, a year of post road construction monitoring and wildlife fencing as determined by the
monitoring report.
The attached amendment to the intergovernmental agreement establishes the RTA's commitment
to a financial contribution in the amount of $725,659.21 to be used toward the cost of the
amendment. Upon its completion, title to the amendment 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.
Financial Impact:
This action will add $725,659.21 to GL 242-153-308.000.
ATTACHMENTS:
Name: Description:
Type:
O Draft Resolution to Amend
_ Resolution to Amend iGA RTA Wildlife Grossing Camino de
IGA RTA, WildCrossing_2001- Resolution
052 080903.DOC Mariana
~ Draft_A_mend_IGA RTA. Amendment #1 (thtildliTe Grassings) to IGA with RTA for
WildGros_sin~ 2_0.01._-052 Exhibit
080903.DOC Lamina de Mariana; Pro}ect No. 2001-052
Staff Recommendation:
Staff recommends adoption of Resolution No. 2008- l 17, approving and authorizing the
execution of the amendment to the intergovernmental agreement with the Regional
Regular Council Meeting -September 16, 2008 -Page 7 of 86
Transportation Authority to provide for funding to add wildlife crossings to the Camino de
Manana Linda Vista Boulevard to Tangerine Road, Roadway and Drainage Improvements.
Suggested Motion:
I move to approve Resolution No. 2008-117.
Regular Council Meeting -September 16, 2008 -Page 8 of 86
MARANA RESOLUTION N0.2008-117
RELATING TO PUBLIC SERVICES; APPROVING AND AUTHORIZING AN AMENDMENT
TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE REGIONAL TRANSPOR-
TATIONAUTHORITY AND THE TOWN OF MARANA TO ADD CONSTUCTION OF WILD-
LIFE CROSSINGS TO THE CAMINO DE MANANA LINDA VISTA BLVD. TO TANGERINE
ROAD, ROADWAY AND DRAINAGE IMPROVEMENTS
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 op-
erations and improvements identified in the Regional Transportation Plan approved on May l6,
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 to amend the construc-
tion, and the RTA has committed to a financial contribution in the amount of $725,659.2]., of
additional improvements to Camino de Manana, consisting of three small and one large wildlife
crossing, a year of post road construction monitoring and wildlife fencing as determined by the
monitoring report; and
WHEREAS, the Mayor and Council of the Town of Marana feel it is in the best interests of
both the RTA and the Town of Marana to enter into this amendment of the intergovernmental agree-
ment.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL, OF THE
TOWN OF MARANA, that the amendment to the intergovernmental agreement between the Town
of Marana and the Regional Transportation Authority of Pima County,attached to this resolution as
Exhibit A is hereby approved, and the General Manager, Public Services 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 au-
thorized to undertake all other and further tasks required or beneficial to carry out the terms, obliga-
tions, conditions and objectives of the amended intergovernmental. agreement.
Regular Council Meeting -September 16, 2008 -Page 9 of 86
Amend RTA IGA Camino de Manana/pok
PASSED and ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this
16th day of September, 2008.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Regular Council Meeting -September 16, 2008 -Page 10 of 86
Amend RTA IGA Camino de Manana/pok
REGIONAL TRANSPORTATION AUTHORITY OF PIMA
COUNTY (RTA)
AMENDMENT TO INTERGOVERNMENTAL AGREEMENT
NUMBER RECORDED IN DKT.13239, Pg. 60
PROJECT: DESIGN AND CONSTRUCTION OF CAMINO
DE MANANA (RTA #2), A TRANSPORTATION IMPROVE-
MENT PROJECT
PARTIES: RTA AND THE TOWN OF MARANA
AMENDMENT NO. 1
ORIGINAL TERM: Not specified
CURRENT TERMINATION DATE: Not specified
AMENDED TERMINATION DATE: Not specified
ORIGINAL AMOUNT: $6,186,000.00
PRIOR AMENDED AMOUNT: $0.00
AMOUNT THIS AMENDMENT: $725,659.21
NEW AMENDED TOTAL: $6,911,659.00
AMENDMENT NUMBER 1
WHEREAS, the Regional Transportation Authority of Pima County ("RTAn) has entered into an Intergovern-
mental Agreement with the Town of Marana (IGA Number 13239-60) to provide transportation improvements to
Camino de Manana; and
WHEREAS, the original IGA funding amount was $6,186,000.00 for design, right-of-way and construction; and
WHEREAS, the scope of the project is amended to allow the construction of three (3) small wildlife crossings and the
enlargement of one (1) drainage culvert for larger wildlife crossing; together with post-construction monitoring and
wildlife fencing for a cost of $725,659.21; and,
WHEREAS, the parties desire to be bound by the original agreement as if continuously in effect: and
WHEREAS, the parties agree to increase the total amount of the Agreement to allow payment for the change in
the scope of the project.
NOW, THEREFORE, the Agreement is amended as follows:
ADD: Exhibit B -Amended Scope of Work
The effective date of this Amendment shall be October 9, 2008. All other provisions not specifically changed by this
Amendment shall remain in full force and effect.
Regular Council Meeting -September 16, 2008 -Page 11 of 86
In Witness Whereof, the Regional Transportation Authority of Pima County has caused this Amendment to
the Agreement to be executed by its Executive Director, and the Town of Marana has caused this Amend-
ment to the Agreement to be executed by the General Manager-Public Services.
REGIONAL TRANSPORTATION AUTHORITY OF PIMA COUNTY:
Gary G. Hayes, Executive Director Date
TOWN OF MARANA:
Barbara F. Johnson, General Manager-Public Services Date
ATTORNEY CERTIFICATION
The foregoing Amendment to the Agreement by and between the Regional Transportation Authority of
Pima County and the Town of Marana has been reviewed pursuant to A.R.S. § 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
Regular Council Meeting -September 16, 2008 -Page 12 of 86
Regional Transportation Authority of Pima County
Exhibit B
RTA Ballot/Project Number: 42
RTA Plan Element: Transportation-Related Critical Wildlife Linkage
1
2
3
4
5
6
RTA Plan Sub-Element (if applicable): NA
TIP Project Number: 181.08
Project Name: Camino de Manana/Dove Mountain Extension.
Work Phase Covered by this Exhibit: Planning. ~~
(check all that apply)
Design x
Right of Way ~~
Construction x
Project Management
Environmental/Other x
(Post Construction)
7
Project Manager Information (person responsible for status reports):
Name:
Mailing Address:
Telephone Number:
Fax. Number:
Heather Roberts
11555 W. Civic Center Drive, Marana, AZ 85653
520 382-2600
520 382-2640
Email Address: hroberts(a?_marana.com
8 Authorized Representative(s) (for signing 8~ submitting pay requests):
Name:
Mailing Address:
Telephone Number:
Fax. Number:
Email Address:
Name:
Mailing Address:
Telephone Number:
Fax. Number:
Email Address:
Regular Council Meeting -September 16, 2008 -Page 13 of 86
Barbara F. Johnson
11555 W. Civic Center Drive, Marana AZ 85653
520 382-2600
520 382-2640
b'ohnson(aamarana.com
Ryan Benavides
11555 W. Civic Center Drive, Marana AZ 85653
520 382-2600
520 382-2640
rbenavidesCa~marana.com
Name:
Mailing Address:
Telephone Number:
Fax. Number:
Email Address:
9 Map of Project Limits Attached?
Corrina Gil
11555 W. Civic Center Drive,
520 382-2600
520 382-2640
c ill(aamarana.com
See Exhibit A
Marana AZ 85653
10 Narrative Description of Project Scope, Construct additional wildlife linkage structures including three (3)
including improvements to be made small (19" x 30") wildlife crossings and enlarge one (1) conspan
and project intent (discuss how (two cell - 20' x 12') to permit larger wildlife crossing. The project
project will address problematic areas): will include a year of post-construction monitoring and a subse-
quent report. Wildlife fencing will be constructed as identified in
the post-construction monitoring report.
11 Total maximum amount of Authority
funding allowed for the Project or Pro-
ject
Component under this Exhibit:
12 Project Budget (current year dollars):
$725,659.21
Outsourced ~ In-House Total
Planning.
Design $13,245.21 $13,245.21
Right of Way $47,179.00 $47,179.00
Construction $586,735.00 $586735.00
Project Management
Environmental/Other (Post Construc- $78
500.00 $78,500.00
tion) ,
Total Project Budget (all funding sources): $725,659.21 $0 $725,659.21
13 Project Budget by Funding Source ~ RTA Non-RTA ~ Total
Planning
Design $13,245.21 $13,245.21
Right of Way $47,.179.00 $47,179.00
Construction $586,735.00 $586,735.00
Project Management
Environmental/Other (Post Construc- $78
500.00 $78,500.00
tion) ,
$725,659.21 $0 $725,659.21
Regular Council Meeting -September 16, 2008 -Page 14 of 86
Regional Transportation Authority of Pima County
Exhibit B
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):
See Exhibit A of this IGA for the scope of the road
construction.
$725,fi59.21
$725,659.21
16 Estimated construction start date and 1) March 2009, 6 months (wildlife linkage construction only)
duration of construction: 2) One year post-construction monitoring will follow the com-
pletion of the road construction (Exhibit A).
3) Wildlife fencing needs will be identified in the post con-
struction monitoring report.
17 Expected Reimbursement Schedule: Calendar Year Calendar Year Calendar Year
2009 2010 2011
January ROW $2375.00
$47,179.00
Design
$13,245.21
February Construction. $2375.00
March $97,789.16 Monitoring $2375.00
April $97,789.16 $2375.00
May $97,789.16 $2375.00 Wildlife Fencing
June $97,789.16 $2375.00 $50,000
July $97,789.16 $2375.00
August $97,789.20 $2375.00
September $2375.00
October $2375.00
November $2375.00
December $2375.00
Total $647,159.21 $21,375.00 $57,125.00
Regular Council Meeting -September 16, 2008 -Page 15 of 86
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11555 W. CHIC CENTER DRIVE, MARANA, ARIZONA 85653
COUNCII. CHAMBERS, September 16, 2008, 7:00:00 PM
To: Mayor and Council Item C 2
From: Erik Montague ,Finance Director
Subject: Relatinc_to Development Impact Fees: The filing of the annual development impact
fee report to account for the collection and use of development fees as required
by ARS § 9-463.05.
Discussion:
The State Legislature granted cities and towns the authority to assess development fees in
1982. Cities and towns can charge these fees to offset the costs related to providing necessary
public services to a development. Thelaw requires cities and towns to separately account for the
fees and restricts their use to providing public services for a development. To date, the Town has
implemented following development impact fees:
- South Transportation Benefit Area development impact fee was established in 2001 for the
construction of the Twin Peaks Interchange.
- Northwest Transportation Benefit Area development impact fee was established in 2005 for
regional road construction in Northwest Marana.
- Town-wide Parks Benefit Area development impact fee was established in 2005 for various
regional park projects including the district park to be constructed at Silverbell and Cortaro Road.
- Marana Water System Infrastructure development impact fee was established in 2006 for water
infrastructure projects.
- Marana Gravity Storage and Renewable Water Resource development impact fee was
established in 2006 for gravity storage and water resource projects.
The Town council passed a new Northeast Transportation Benefit Area impact fee for arterial
road construction in Northeast Marana. This fee is set to begin collection July 1, 2008.
The Town is required to issue an annual report to account for the collection and use of
development fees within 90 days of the end of each fiscal year and the report is required to be
maintained in the Town Clerk's office in accordance with ARS § 9-463.05. Copies of the report
are required to be made available to the public upon request. The law allows the report to contain
financial information that has not been audited.
There are six specific areas that the report is required to address:
Regular Council Meeting -September 16, 2008 -Page 16 of 86
1. The amount of each type of development fee assessed by a city or town.
2. The balance of each fund, at the beginning and end of the fiscal year, maintained for each type
of development fee.
3. The amount of interest or other earnings on monies in each fund as of the end of the fiscal
year.
4. The amount of development fees used to repay either (a) bonds issued by the municipality to
pay the cost of a capital improvement project for which the development fee was assessed or (b)
monies advanced by the city or town from funds other than development fee funds to pay for a
capital improvement project for which a development fee was assessed.
5. The amount of development fees spent on each capital improvement project for which a
development fee was assessed and the physical location of each capital improvement project.
6. The amount of development fees spent for each purpose other than a capital improvement
project for which a development fee was assessed.
Financial Impact:
None. This item is for information only.
ATTACHMENTS:
'Name: Description: Type:
^ 2008_Annuall_mpact_Fe_eReport,,pdf 2008 Anni~ai impact Fee Repart Exhibit
Staff Recommendation:
None. This item is for information only.
Suggested Motion:
None. This item is for information only.
Regular Council Meeting -September 16, 2008 -Page 17 of 86
TOWN OF MARANA
DEVELOPMENT IMPACT FEE REPORT FORM
STATEMENT OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
FOR FISCAL YEAR ENDING JUNE 30, 2008
Impact Fee Area
Impact Fee Type
Impact Fee Purpose
Impact Fee Charged per EDU
Beginning Balance @ 6/30/07
Revenues
Impact Fees Collected
Investment Earnings
Total Revenues
General Expenditures
Capital Projects
General Administration
Operations & Maintenance
Vehicles & Equipment
Other
Sub-total -General Expenditures
Bonds
Interest
Prinapal
Sub-total -Debt Service
Fund 103 Fund 106
South Benefit North Benefit
Area Area
Residential Residential
Transportation Transportation
$ 2,435.00 $ 5,941.00 $
Fund 107 Fund 551 Fund 561
Water Renewable
Town-wide Infrastructure Resource
Residential Residential Residential
Parks Water System Water System
2,884.00 $ 864 - 43,200 $ 1,467 - 73,350
Total
$ 8,915,688.73 $ 958,712.06 $ 3,628,777.76 $ 765,121.13 $ 1,247,019.38 $ 15,515,319.06
$ 168,637.00 $ 367,688.00 $ 665,837.00 $ 146,525.00 $ 313,095.00 $ 1,661,782.00
$ 382,826.15 $ 1,106.06 $ 109,285.06 $ 13,765.63 $ 81,447.89 $ 588,430.79
$ 551,463.15 $ 368,794.06 $ 775,122.06 $ 160,290.63 $ 394,542.89 $ 2,250,212.79
$ 2,085,834.88 $ 60,149.42 $ 35,162.50 $ 642,746.85 $ 383,081.71 $ 3,206,975.36
$ - $ - $ 119,140.00 $ - $ - $ 119,140.00
$ 2,085,834.88 $ 60,149.42 $ 154,302.50 $ 642,746.85 $ 383,081.71 $ 3,326,115.36
Loans
Interest $ - $ - $ - $ - $ - $ -
Principal $ - $ - $ - $ - $ - $ -
Sub-total -Loans $ - $ - $ - $ - $ - $ -
Total Expenditures $ 2,085,834.88 $ 60,149.42 $ 154,302.50 $ -642,746.85 $ 383,081.71 $ 3,326,115.36
Surplus/(Deficit) $ (1,534,371.73) $ 308,644.64 $ 620,819.56 $ (482,456.22) $ 11,461.18 $ (1,075,902.57)
Beginning Fund Balance $ 8,915,688.73 $ 958,712.06 $ 3,628,777.76 $ 765,121.13 $ 1,247,019.38 $ 15,515,319.06
Ending Fund Balance 6/30/08 $ 7,381,317.00 $ 1,267,356.70 $ 4,249,597.32 $ 282,664.91 $ 1,258,480.56 $ 14,439,416.49
This report is provided in accordance with ARS § 9-463.05 which requires an annual report on impact fee activity to be filed with the Town Clerk by
September 30 each year. This information has not been audited.
Regular Council Meeting -September 16, 2008 -Page 18 of 86
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Regular Council Meeting -September 16, 2008 -Page 19 of 86
11555 W. CHIC CENTER DRNE, MARANA, ARIZONA 85653
COUNCII. CHAMBERS, September 16, 2008, 7:00:00 PM
To: Mayor and Council Item C 3
From: Kevin Kish ,Planning Director
Subject: Resolution No. 2008-118: Relating to Development; approving and authorizing a final
plat for Qwest - Marana Facility, Lots 1 and 2.
Discussion:
Request
The Qwest Corporation, on behalf of Lonny and Joan Catt, is requesting approval of a final plat
consisting of 2 lots on 4.61 acres. Lot 1 comprises approximately 2.61 acres and Lot 2
approximately 2.00 acres. The current property owners, Lonny and Joan Catt, have agreed to
convey Lot 1 to the Qwest Corporation to be developed as a new Qwest Service Operations
Center. Lot 2 will be maintained as the existing single-family residence of Lonny and Joan Catt.
Location-
The subject property is located east of Hartman Lane approximately 300 feet north of Cortaro
Farms Road within a portion of the northwest quarter of Section 25, Township 12 South, Range
12 East.
Zonin
This plat is part of a rezoning that the Mayor and Council approved on June 17, 2008. The area
comprising Lot 1 is zoned 'NC' (Neighborhood Commercial), and the area comprising Lot 2 is
zoned 'R-36' (Single-family residential -minimum lot size of 36,000 square feet).
Transportation and Utilities
Lot l will be provided access from a single drive off of Hartman Lane. The driveway is proposed
to align with Carriage Drive, which serves the Cortaro Ranch subdivision on the west side of
Hartman Lane. Lot 2 is currently provided physical access via Freeman Lane; however, this point
of ingress/egress is not established as legal access. The applicants, as well as the adjoining
property owners, are currently pursuing the establishment of Freeman Lane as legal
ingress/egress to serve all owners of property currently utilizing it to access their
respective parcels. In the interim, the Qwest Corporation and Lonny and Joan Catt have
submitted an access easement to the Pima County Recorder's Office, to be recorded by
separate instrument, that will provide legal ingress/egress to Lot 2 from the existing right-of--way
on Hartman Lane. This easement must remain until such time that legal access is established for
Lot 2 via Freeman Lane.
Lot 1 will be served by Marana Water and will be connected to the 12-inch sewer main located
within Hartman Lane. Lot 2 is currently served by private well and an on-site wastewater
disposal system. Tucson Electric Power provides electric service and Southwest Gas provides gas
Regular Council Meeting -September 16, 2008 -Page 20 of 86
service to this area.
Development Plan
A Development Plan for the Qwest-Marana Facil.i y proposed to be developed on Lot 1 is
currently in the review process. The plan proposes a 6,000 square foot building that will support
Qwest network field engineering including service technicians and management that serve the
Town of Marana, as well as surrounding areas.
ATTACHMENTS:
Name: DeSCrtptiOn: T}`pe:
^ Resolution 2008-XXX
Qwest F~2~doc Resolution Resolution
^ Applcaton...pdf Application Exhibit
^ Location Map 1 •pdf Location Map Exhibit
^ Plat Reduction -
Qwest.pdf Plat Reduction Exhibit
Staff Recommendation:
Staff recommends approval of the final plat for Qwest - Marana Facility. Staff has reviewed the
application for compliance with the Town of Marana Land Development Code and the Marana
General Plan. The final plat is in conformance with all of the required development regulations
and conditions of Rezoning Ordinance 2008.13.
Suggested Motion:
I move to approve Resolution 2008.118.
Regular Council Meeting -September 16, 2008 -Page 21 of 86
MARANA RESOLUTION N0.2008-118
RELATING TO DEVELOPMENT; .APPROVING AND AUTHORIZING A FINAL PLAT FOR
QWEST - MARANA FACILITY; LOTS 1 AND 2.
WHEREAS, the Qwest Corporation has applied for approval of a final plat fora 2-lot
subdivision generally located on the east side of Hartman Lane, approximately 300 feet north of
Cortaro Farms Road within a portion of the northwest quarter of Section 25, Township 12 South,
Range 12 East; and
WHEREAS, the Marana Town Council, at the regularly scheduled meeting on September
16, 2008, determined that the Qwest -Marana Facility final plat should be approved.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana, Arizona, that the Qwest -Marana Facility final plat, a 2-lot subdivision on 4.61 acres,
including Lots 1 and 2 and generally located on the east side of Hartman Lane, approximately
300 feet north of Cortaro Farms Road within a portion of the northwest quarter of Section 25,
Township 12 South, Range 12 East is hereby approved.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 16~' day of September, 2008.
Ed Honea, Mayor
ATTEST:
Jocelyn C. Bronson
Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Marana Resolution No. 2008-XX
Regular Council Meeting -September 16, 2008 -Page 22 of 86
•
•
-. Qwest - Marana Facility
- - Final Plat
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Reque$t 0 240 480 ft.
Request for approval of a final plat for 2 lots on 4.61 acres located within the
northwest quarter of Section 25, Township 12 South, Range 12 East.
Data Disclaimer: The Town of Marana provides this map information'As Is' at the request of the user with the understanding that is not guaranteed to be accurate,
correct or complete and conclusions drawn from such information are the responsibility of the user. In no event shall The Town of Marana become liable to users of these
data, or any other party, for any loss or direct, indirect, special,incidental or consequential damages, including but not limited to time, money or goodwill, arising from the
use or modification of the data.
•
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PI,ANNWG & ~NGAwIEERING A!'P1~iCA'I'ION
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^ Preliminary Plat ~Fina1 Pint' ^ Genera! Plan Amendment ^Variance
^ Development Plan ^ SWPI'P ^ Landscape Plan ^ Native Piam Permit
^ Specific Flan Amendment ^ Conditional Use Fermit ^ Re7.one/Specifie Plan ^ Annexation
^ Significant Land Use Change ^ Minor [sand Division ^ Water Plan
^ improvement Plan ~gpecif~typ e in Description of Project 1•a*) ^ Other
:i7w'ra -:1. ..T~ i.: L` -
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APPUCANT
Street Address ~ ~ , ~ ~~) G~ ~ ~~ ~
City State Zip Codc Phone Number Fax Number F-Mail Address
1 ~~ ~ ~ tpp2 •'2~~ ~l~
Contact Person " phone Number / E-mail
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AGENTJREPRESENTATIVE ~ ~' i/'~
Street Address ~~' ~ ~ • ~/^~ t ~ ~'~j~ 1-~ ~ ~' ~ 1~~1
City State Zip Code Phone Number
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Contact Person Phone Number i E-mail
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PROPERTbOWNER LQny~ ~ CArr'
Street: Address ~q ~~ ~r~e
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City State Zip Code er
Phone Numb Fax Number E-Mail Address
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^~l, the undersigned, eerti:fy that all of the•facts set forth in this application are true to the best of my knowledge and that t am either the
owner of the property or that T have bEen tiuuthox_ized_tn~ratinQ by the owner to file this application and checklist (lf not owner of
record, attach written aothori~.atian from the owner.)
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11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
COUNCIL CHAMBERS, September 16, 2008, 7:00:00 PM
To: Mayor and Council
From: Cedric Hay ,Senior Assistant Town Attorney
Item C 4
Subject: Resolution No. 2008-119: Relating to administration; authorizing the Parks and
Recreation Director, under the general and specific direction of the Town Manager or
designee, to execute agreements on behalf of the Town regarding the use of Town of
Marana parks and associated facilities.
Discussion:
Organizations and individuals from the community often contact the Town wanting to enter into
agreements relating to the use of Town parks and facilities. This Resolution seeks to formalize
the Parks and Recreation Department Director's authorization to execute such agreements on the
Town's behalf.
While the Town's parks and facilities have been established for the beneficial use of the Town's
citizens it is often necessary for certain groups to be allowed to schedule predetermined uses of
these areas, particularly sports fields. The Parks and Recreation Department Director and his staff
are the best suited to make a proper and equitable determination as to the most beneficial uses of
the facilities. In many cases these organizations have had long-standing agreements with the
Town for many years already.
The agreement forms which will be used have been pre-aproved as to form by the Town Legal
Department and any negotiable terms with be discussed by the appropriate Town. staff prior to
final. agreement.
This proposed resolution will expressly authorize the Parks and Recreation Department Director
to execute park and facility use agreements on behalf of the Town without additional input from
Mayor and Council.
Financial Impact:
None
ATTACHMENTS:
'_\ame: Description: Type:
~ Reso_re parks. and_._rec
d...rector sgnng_aut_hority Resolution granting signing authority to Parks Director Resolution
(0001.0792j,,_DOC
Staff Recommendation:
Regular Council Meeting -September 16, 2008-Page 27 of 86
Staff recommends approval of this resolution.
Suggested Motion:
I move. to approve Resolution No. 2008-119.
Regular Council Meeting -September 16, 2008 -Page 28 of 86
MARANA RESOLUTION N0.2008-119
RELATING TO ADMINISTRATION; AUTHORIZING THE PARKS AND RECREATION
DIRECTOR, UNDER THE GENERAL AND SPECIFIC DIRECTION OF THE TOWN
MANAGER OR DESIGNEE, TO EXECUTE AGREEMENTS ON BEHALF OF THE TOWN
REGARDING THE USE OF TOWN OF MARANA PARKS AND ASSOCIATED
FACILITIES.
WHEREAS many local organizations desire to enter into agreements with the Town
regarding their use of Town of Marana parks and facilities; and
WHEREAS the Parks and Recreation Director is often the person best suited to make a
determination as to the most appropriate use of Town of Marana parks and facilities; and
WHEREAS the Town Council finds it is in the best interest of the Town's citizens to
authorize the Parks and Recreation Director to make decisions regarding usage of Town parks
and facilities and to execute agreements regarding such usage on behalf of the Town.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN. OF MARANA, ARIZONA, THAT the Parks and Recreation Director is hereby
authorized, under the general and specific direction of the Town Manager or designee, to execute
agreements on behalf of the Town regarding the use of Town of Marana parks and associated
facilities.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 16th day of September, 2008.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Regul~6~t f~~tir~ -September 16, 2008 -Page 29 of 86 CIH 9/03/08
,~
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11555 W. CHIC CENTER DRIVE, MARANA, ARIZONA 85653
COUNCIL CHAMBERS, September 16, 2008, 7:00:00 PM
To: Mayor and Council. Item A 1
From: Barbara Johnson /Frank Cassidy ,Public Services Manager /Town Attorney
Subject: Ordinance No. 2008.21: Relating to Utilities; Adopting wastewater rates, rate
components, fees, and service charges, and establishing an effective date.
Discussion:
On August 5, 2008, the Town Council adopted Resolution No. 2008-105, which gave notice of
the Town's intention to adopt wastewater rates, rate components, fees, and service charges, and
set a September 16, 2008 public .hearing on the proposed adoption of the rates and fees.
The ordinance presented by this item would adopt a Marana monthly wastewater service fee of
$6.82 and a volume charge of $2.25 per 1,000 gallons for both residential and non-residential
customers. Other service charges and fees (security deposit, late payment fees, new service
establishment fee, insufficient funds fee) are established at the Town's standard rates for similar
services and activities. Pima County's current monthly wastewater service fee is $6.82 for all
customers. For volume charges, residential customers pay $2.245 per 1.,000 gallons, and non-
residential customers are charged based on the type of business, with rates ranging from a low of
$2.267 per 1,000 gallons for printing or copying businesses to a high of $8.148 per 1,000 gallons
for bakeries. The economic consulting firm economists.com has prepared a written report and has
provided a brief, updated PowerPoint presentation (attached), which will be presented with this
item, giving an overview of the rates anal the anticipated need for and use of the revenues. If
adopted, the proposed ordinance will be effective on October 16, 2008, or on the date the Town
takes over the wastewater conveyance system from Pima County, whichever is later.
Financial Impact:
Adoption of this ordinance, coupled with the anticipated adoption of the proposed wastewater
development impact fee ordinance (which is scheduled for adoption at the October 7 Council
meeting), will provide the funding necessary for the Town's new wastewater utility to operate as
an enterprise fund. The revenues generated by the rates and fees are established at a level
sufficient to cover the costs of providing wastewater services to the Town's customers.
ATTACHMENTS:
Name:
~ Wastewater, rates and
fees ordinance
j_0.001.0857j.D0_C
~ Marana WW Public
Heanng_091608,pdf
Description:
Wastewater Rates and Fees Ordinance
Wastewater Rates PawerPoint
T~~pe:
Ordinance
Presentation
Regular Council Meeting -September 16, 2008 -Page 30 of 86
Staff Recommendation:
Staff recommends adoption of Ordinance No. 2008.21.
Suggested Motion:
I move to adopt Ordinance No. 2008.21.
Regular Council Meeting -September 16, 2008 -Page 31 of 86
MARANA ORDINANCE N0.2008.21
RELATING TO UTILITIES; ADOPTING WASTEWATER RATES, RATE COMPONENTS,
FEES, AND SERVICE CHARGES, AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS the Town of Marana anticipates that it will soon take over the ownership and
operation of the wastewater utility function within the Town limits and service area; and
WHEREAS the Town needs to adopt wastewater rates, rate components, fees and service
charges so that necessary funding for the operation of the Town's wastewater utility can begin
immediately upon the Town's takeover of the wastewater conveyance system from Pima County;
and
WHEREAS the Town Council adopted Resolution No. 2008-105 on August 5, 2008, giv-
ing notice of intention to adopt wastewater rates, rate components, fees, and service charges, and
setting a September 16, 2008 public hearing on the proposed adoption of the fees; and
WHEREAS the Town has held a public hearing and completed the procedures for the
adoption of this ordinance as required by A.R.S. § 9-511.01; and
WHEREAS the Town Council finds that the adoption of this ordinance is in the best in-
terests of the Town and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, as follows:
SECTION 1. A monthly wastewater service fee of $6.82 is hereby established for all resi-
dential and non-residential wastewater customers.
SECTION 2. A volume charge of $2.25 per 1,000 gallons is hereby established for all
residential and non-residential wastewater customers.
SECTION 3. Other service charges and fees are hereby established at the Town's standard
rates for similar services and activities, as charged by the Town's Utilities Department in connec-
tion with the operation of the Town's water utility, including without limitation the following
fees and charges:
a. The standard wastewater service security deposit is $125.
b. The late payment fee is $15.
c. The new service establishment fee is $35.
d. The fee for a check returned due to insufficient funds is $25.
Regul~6~t~i1/1$~ir~ -September 16, 2008 -Page 32 of 86 _ l - 9/9/2008 10:33 AM FJC
SECTION 4. This ordinance shall be effective on October 16, 2008, or on the date the
Town takes over the wastewater conveyance system from Pima County, whichever is later.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 16th day of September, 2008.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town. Attorney
Regul~6~tt$~tir~ -September 16, 2008 -Page 33 of 86 _ 2 - 9/9/2008 10:33 AM FJC
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11555 W. CHIC CENTER DRIVE, MARANA, ARIZONA 85653
COUNCIL CHAMBERS, September 16, 2008, 7:00:00 PM
To: Mayor and Council
From: Kevin Kish ,Planning Director
Item A 2
Subject: Ordinance No. 2008.22: Relating to Development; approving and authorizing a
modification to the rezoning conditions of Ordinance 2007.09 (Villages of Tortolita
Specific Plan).
Discussion:
Histor
On April 3, 2007, the Town Council approved Ordinance 2007.09, which rezoned approximately
1,780 acres of land located on the east side of Interstate l0 (near the Marana Interchange) and
extending north into Pinal County from Zone "E" (Transportation Corridor), "AG" (Agricultural),
and 'R-80" (Single-Family Residential -minimum lot size of 80,000 square feet) to 'F" (Specific
Plan) creating the Villages of Tortolita Specific Plan.
Request
The applicants are requesting a change to the language in Condition No. 2 of Ordinance 2007.09
to allow the postponement of the adoption of the required Development Agreement by the
Town Council. Condition No. 2 reads as follows: 'The ultimate development proposed by this
rezoning shall be consistent with the adopted Development Agreement which shall be adopted
prior to Town Council approval of the first preliminary plat or development plan. "
Based upon the changing hydrology parameters for the project site as a result of the FEMA
study, and the inability to quickly establish on-site and off-site drainage solutions for the project,
the applicant requests the language to be revised as follows:
'The ultimate development proposed by this rezoning shall be consistent with the adopted
Development Agreement which. shall be adopted prior to Town Council approval of the first, final
plat or development plan. "
ATTACHMENTS:
Name: Description: Type:
^ ORD._Modifyng_Condition
2 of Ord 2007 09.DOC Ordinance Modifying Rezoning Condition 2 Ordinance
^ Application letter.pdf Applicant Letter Cover Memo
^ Ordinance, 2_007.09.pdf Ordinance 2007.09 i=xhibit
Staff Recommendation:
Regular Council Meeting -September 16, 2008 -Page 45 of 86
Staff recommends a change in the language of Condition No. 2 of Ordinance 2007.09.
Suggested Motion:
I move to adopt Ordinance No. 2008.22.
Regular Council Meeting -September 16, 2008 -Page 46 of 86
MARANA ORDINANCE N0. 2008.22
RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A MODIFICATION TO
THE REZONING CONDITIONS OF ORDINANCE N0.2007.09 (VILLAGES OF TORTOLITA
SPECIFIC PLAN).
WHEREAS, On April 3, 2007, the Town Council approved Ordinance 2007.09, which
rezoned approximately 1,780 acres of land located on the east side of Interstate 10 (near the Marana
Interchange) and extending north into Pinal County from Zone "E" (Transportation Corridor), "AG"
(Agricultural), and R-80" (Single-Family Residential -minimum lot size of 80,000 square feet) to
'F" (Specific Plan) creating the Villages of Tortolita Specific Plan; and
WHEREAS, The applicants request to change the language in Condition No. 2 of Ordinance
2007.09 to allow the postponement of the adoption of the required Development Agreement prior to
the Council approval of the first final plat or development plan; and
WHEREAS, the Town Council, at their regular meeting on September 16, 2008 has
determined that a change in Rezoning Condition No. 2 of Ordinance No. 2007.09. should be
approved.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana,
Arizona, as follows:
Section 1. Condition No. 2 of Marana Ordinance No. 2007.09 is hereby amended to read as follows:
The ultimate development proposed by this rezoning shall be consistent with the
adopted Development Agreement which shall be adopted prior to Town Council
approval of the first final plat or development plan.
Section 2. 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, as
of the effective date of Ordinance No. 2008.22.
Section 3. 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
16~' day of September, 2008.
ATTEST: Mayor Ed Honea
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Regular Council Meeting -September 16, 2008 -Page 47 of 86 Frank CaSSldy, Town Attorney
~~~-~~~~
~~ NIORRISON
. ,~ NZAIERI,E, INC.
An Employee-Owrred Cornpa~ry
September 2, 2008
Mr. Kevin Kish
Planning Director
Planning Department
Town of Marana
11555 W. Civic Center Drive, Building A2
Marana, Arizona 85653
Re: Request for Modification of Rezoning Condition
The Villages of Tortolita
MMI Project No. 8358.011
Dear Mr. Kish,
ENGINEERS
SURVEYORS
PLANNERS
SCIENTISTS
6710 NORTH TtiORNYDALE ROAD, SUITE 14D • TUCSON, AZ 85742
OFFICE: 520-572-540D • FAX: 52D-572-5401 • www.m-m.net
This is to requesf a change in Rezoning Ordinance No. 2007.09, Section 3, Rezoning Condition
No. 2, as approved on April 3, 2007, for The Villages of Tortolita, which states as follows:
The ultimate developmenf proposed by this rezoning shall be consistent with the adopted
Development Agreement which shall be adopted prior to Town Council approval of the first
preliminary plat or development plan.
We request that the rezoning condition be modified to read as follows:
The ultimate development proposed by this rezoning shall be consistent with the adopted
Development Agreemenf which shall be adopted prior to Town Council approval of the first
final plat or developmenf plan.
Based on the changing hydrology parameters for the project site as a result of the FEMA study
currently under review by FEMA and the inability to quickly establish on-site and off-site
drainage solutions for the project, the above change in rezoning conditions is requested.
Attached please find a check in the amount of $500.00 for this application.
If you have any questions please feel free to contact me at 520.572.5400.
Sincerely yours;
MOR ISON-MAIERLE, INC.
~~~~
J son Mercer, PE
Project Manager
Regula~~~l7plle~ ~,~~~~S~~C~~~~~g~Ue\Z~inQrtg ~ondition Requested Changes 090208.doc
Providing resources in partnership with c{ients to achieve their goals.
F. ANN RODRIGUEZ, RECORDER DOCKET: 13067
RECORDED BY: C_V PAGE: 1240
DEPT3TY RECORDER y°F L7~9 NO. OF PAGES: 12
1036 PEl '~'~ ~~o SEQUENCE: 200?1060205
SMARA w g~+z 06/01/2007
TOWN OF MARANA ~N~ ~ tii "~ ORDI2d 14:59
ATTN: TOWN CLERK R~rZOZyA
11555 W CIVIC CENTER DR MAIL
~ AZ 65653 AMOUNT PAID $ 11.50
MARANA ORDINANCE N0.2007.09
RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A REZONING TO
CREATE THE VILLAGES OF TORTOLITA SPECIFIC PLAN.
WHEREAS, Coe & Van Loo Consultants represents the property owners of approximately
I ,780 acres of land located on the east side of Interstate 10 (near the Marano Interchange), northwest
of the San Lucas Development and extending north into Pinal County approximately 2/3 of a mile
within portions of Sections 6, 7, 8, 16, 17, 21 and 22, Township I 1 South, Range 11 East and a
portion of Section 31, Township 10 South, Range 11 East, as depicted on Exhibit "A" and Exhibit
"B", attached hereto and incorporated herein by this reference; and,
WHEREAS, the Marano Planning Commission held a public hearing on January 31, 2007,
and at said meeting voted unanimously to recommend that the Town Council approve said rezoning,
adopting the recommended conditions; and,
WHEREAS, the Marano Town Council heard from representatives of the owner, staff and
members of the public at the regular Town Council meeting held April 3, 2007 and has determined
that the rezoning meets the criteria for. a minor amendment to the General Plan, changing the land
use designation. from IndustriaUGeneral, IndustriaUCampus, Medium Density Residential and
Corridor Commerce to Master Planning Area, and should be approved.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of
Marano, Arizona, as follows:
Section 1. A minor amendment to the General Plan of approximately 1,780-acres of land located
within portions of Sections 6, 7, 8, 16, 17, 21 and 22, Township 11 South, Range 11 East and a
portion of Section 31, Township i 0 South, Range 1 I East, located on the east side of Interstate 10
(near the Marano Interchange), northwest of the San Lucas Development and extending north into
Pinal County approximately 2/3 of a mile (the "Rezoning Area"), changing the General Plan
designation from Industrial/General, Industrial/Campus, Medium Density Residential and Corridor
Commerce to Master Planning Area.
Section 2. The zoning of approximately 1,780-acres of land located within portions of Sections 6, 7,
8, 16, 17, 21 and 22, Township I 1 South, Range 11 East and a portion of Section 31, Township 10
South, Range 11 East, located on the east side of Interstate 10 {near the Marano Interchange},
northwest ofthe San Lucas Development and extending north into Pinal County approximately 2/3
of a mile (the "Rezoning Area"}, is hereby changed from "E" (Transportation Corridor), "AG"
(Agricultural) and "R-80" {Single Family Residential minimum lot size of 80,000 square feet) to "F"
{Specific Plan) creating The Villages of Tortolita Specific Plan.
Marano Orditrnnce No. 2007.119
Regular Council Meeting -September 16, 2008 -Page 49 of 86 \~
Section 3. The purpose of this rezoning is to allow the use of the Rezoning Area for mix of
residential densities and housing types, commercial uses and recreation and open space, subject to
the fallowing conditions, the violation of which shall be treated in the same manner as a violation of
the Town of Marano Land Development Code (hut which shall not cause a reversion of this rezoning
ordinance}:
1. 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. The ultimate development proposed by this rezoning shall be consistent with the adopted
Development Agreement which shall be adopted prior to Town Council approval of the first
preliminary plat or development plan.
3. The Development has vo}untarily agreed to enter into a school contribution agreement
providing for a contribution per residential unit to mitigate the effects of the proposed
development on affected school districts.
4. The maximum allowable residential units for the project shall not exceed 6,500.
S. The property owner shall not cause any Iot split of any kind without the written consent of
the Town of Marano.
6. No approval, permit or authorization by the Town of Marano authorizes violation of any
federal or state law ar 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.
7. The Developer shall dedicate, or cause to have dedicated, the necessary rights-of--way for
Tortolita Boulevard and Tortolita Mountain Parkway as agreed upon in the Development
Agreement.
8. 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.
9. A sewer service agreement and master sewer plan must be submitted by the Developer and
accepted by Pima County Wastewater Management and the Town Engineer prior to the
approval of the final block plat by the Town Council.
10. Before a certificate of occupancy is issued for any dwelling unit on the Property, the
Developer shall have completed or shall provide evidence to the Town's satisfaction that
° Developer has made a diligent effort to complete the process ofhaving the Property annexed
into a fire district or otherwise provide for fire protection service
11. Installation of anon-potable system shall be required to serve the common open space areas
and other landscaped amenities, as accepted by the Town of Marano.
l 2. The property owner shall transfer with the final pl at, by the appropriate Arizona Department
of Water Resources form, those water rights being IGR, Type I or Type II to the Town of
Marano Ordinance No. 2007.09
Regular Council Meeting - September f 6, 2008 -Page 50 of 86
Marana for the Town providing designation of assured water supply and water service to said
property. If Type I or Type II is needed on said property, the Town and developer/landowner
shall arrive at an agreeable solution to the use of those water rights appurtenant to said land.
13. Ail archaeological work specified in the treatment plan must be successfully carried out, and
the Town of Marana must approve a preliminary report on the successful implementation of
the plan before ground disturbance can occur.
14. The developer will be responsible for the design and construction of the Tortolita Traffic
Interchange prior to occupancy of any house or commercial building. Other roadway
improvements as required by the Development Agreement and based on the data and
findings of the accepted traffic impact analysis and other traffic studies that will be required
at the platting or development plan stages of this project.
I5. Upon adoption of the ordinance by the Mayor and Council approving The Villages of
Tortolita Specific Plan, the applicant shall provide the planning department with the
following final edition of The Villages of Tortolita 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 adoption.
l 6. All private parks and trails within The Villages of Tortolita will be developed by the Master
Developer, subject to the approval of the Planning Director. Neighborhood parks must be
identified in subdivision plats and detailed design as part of the landscape plans for those
subdivisions. The regional park(s) shall be designed and constructed by the Master.
Developer.. Design and construction standards, type and number of amenities and phasing
shall be approved by the Park and Recreation Director and the Planning Director. The park
impact fee credits as well as the timing of the dedication of the regional park(s) to the Town
of Marana shall be discussed within the Development Agreement.
17. Minor grammatical and technical changes as required by the Town of Marana shall be made
to The Villages of Tortolita Specific Plan.
18. 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.
19. The Master Drainage Report for the entire specific plan area shad be reviewed and accepted
by the Town of Marana prior to any preliminary plat or development plan approval by the
Town Council.
20. CMID will be provided a copy of the Master Drainage Report for their review and comment ~.
during the Town's review period of the document.
21. Single family detached residential development on lots smaller than 3,500 square feet shall
require a conditional use permit (Land Development Code Section 10.10).
22. Sexually oriented businesses of all kinds are prohibited within The ViIlages of Tortolita ~.
Specific Plan. ~;
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
Marana Ordinance No. 2007.09
Regular Council Meeting -September 16, 2008 -Page 51 of 86
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. § 12-1 i 34) 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 15 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. 2007.09.
Section 6. If any section, subsection, sentence, clause, phrase or portion ofthis 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
3`a day of April, 200?.
'~ %
lit' 4 y~Jt[~
ATTEST:
Mayor Ed I-~onea
J~ elyn C. onson, Town Clerk
Marana Ordinance No. 2007.(19
F
FU~ ~°R~°"nrE
~,~A~
~a,~~ ,~os,~r~~ee-4~'`
,~q,~i'~, 19
c,~~~'6 ~v r£'tr
Regular Council Meeting -September 16, 2008 -Page 52 of 86
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
COUNCIL CHAMBERS, September 16, 2008, 7:00:00 PM
To: Mayor and Council Item A 3
From: Frank Cassidy ,Town Attorney
Subject: Resolution No. 2008-120: Relating to Utilities; approving and authorizing the Mayor
to execute a Partial Assignment of Rights and Assumption of Obligations of Central
Arizona Project Municipal and Industrial Water Service Subcontract and an
Agreement among the United States, the Central Arizona Water Conservation District,
and the Town of Marana; and declaring an emergency.
Discussion:
As one of the last steps in obtaining an assignment of an allocation of 1,481 acre feet of Central
Arizona Project (CAP) Water from Flowing Wells Irrigation District (FWID), the two
agreements which are the subject of this item must be approved and signed on behalf of the
Town.
The first agreement is a partial assignment of rights and assumption of obligations agreement
between FWID and Marana relating to the 1,481 acre feet of CAP.
The second is an agreement among the United States, the Central Arizona Water Conservation
District (CAWCD}, and Marana, which essentially adds the 1,481 acre feet of allocation received
from FWID to the Town's existing 47 acre-foot CAP allocation, so that the total CAP allocation
now covered by the CAWCD agreement is 1,528 acre feet.
Financial Impact:
Upon execution of these agreements, Marana will be obligated to pay the standard semiannual
installment payments of CAP municipal and industrial. water service capital charges relating to
the additional 1,481 acre feet.
ATTACHMENTS:
'_~ame: Description: T~ pe:
^ RESO re FWID-GAP
assignment io TOM Resalutian Resal;atian
j0.001_07_5.5~, _DOC
^ FWIID Mara_na__CA_P_
Allocation_.Agreement Exhibit A: FWID & Marana Agreement Exhibit
(0001.0769),P_DF
^ US CAWCD Marana___C.AP
Allocaton,_Agreem_ent Exhibit B: US, CAWCD & Marana Agreement Exhibit
j00010770j.PDF
Regular Council Meeting -September 16, 2008 -Page 53 of 86
Staff Recommendation:
Staff recommends the adoption of Resolution No. 2008-1.20 approving and authorizing the
Mayor to execute the two agreements relating to the FVVID/CAP allocation.
Suggested Motion:
I move to adopt Resolution No. 2008-120.
Regular Council Meeting -September 16, 2008 -Page 54 of 86
MARANA RESOLUTION N0.2008-120
RELATING TO UTILITIES; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE
A PARTIAL ASSIGNMENT OF RIGHTS AND ASSUMPTION OF OBLIGATIONS OF CEN-
TRAL ARIZONA PROJECT MUNICIPAL AND INDUSTRIAL WATER SERVICE SUBCON-
TRACT AND AN AGREEMENT AMONG THE UNITED STATES, THE CENTRAL ARIZONA
WATER CONSERVATION DISTRICT, AND THE TOWN OF MARANA; AND DECLARING
AN EMERGENCY.
WHEREAS the Town of Marana and Flowing Wells Irrigation District desire to finalize the
assignment of 1,481 acre feet of Central Arizona Project Water from Flowing Wells Irrigation Dis-
trict; and
WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of
the public to finalize this assignment.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL, OF THE
TOWN OF MARANA, as follows:
SECTION 1. The Partial Assignment of Rights and Assumption of Obligations of Central
Arizona Project Municipal and Industrial Water Service Subcontract between the Town of Marana
and Flowing Wells Irrigation District attached to and incorporated by this reference in this resolution
as Exhibit A is hereby approved, and the Mayor is hereby authorized to execute it for and on behalf
of the Town of Marana.
SECTION 2. The Agreement among the United States, the Central Arizona Water Conserva-
tionDistrict and the Town of Marana attached to and incorporated by this reference in this resolution
as Exhibit B is hereby approved, and the Mayor is hereby authorized to execute it for and on behalf
of the Town of Marana.
SECTION 3. The Town's Manager and staff are hereby directed and authorized to undertake
all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of
these agreementso
SECTION 4. 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
16th day of September, 2008.
Mayor Ed Honea
ATTEST:
APPROVED AS TO FORM:
Jocehyn C. Bronson, Town Clerk Frank Cassidy, Town .Attorney
Regular Cou cil Meeting -September 16, 2008 -Page 55 of 86
{00010755. DOC /} FJC: cds 9/2/08
PARTIAL ASSICaNMI~I~? I' OT' IZIGI ITS A1~.rD ASSi3MPTION OF
OBLIGATIONS OI~ CEN"fRAL ARIZ..ONA PROJECT
MUNICIPAL AMA II~rDUS"I'RIAI:, ~ti~A~fI1R SI~RVICE SUBCONI'RAC"f
'T'ills PAR"1-IAL, ASSiGN?vII::N'f is made and entered into this __._ day of
~.__~ _. 2008, by ar3ci bet~~~een Flo~~~in~ Wells lrrigatinn District ("FWID"), and the
Tov~n of Martina, a municipal eorpor-atior~ of the State of A:rirona (the "Tovm").
R1uC`~TfiLS
A. On or ~~bo>_rt Scpteruber 10. 1981, P~~~lf D, the United States of America,
hereinafter referred to as the "United States", actinb through the Secretary of the Interior, and the
Central 11rizUna ~~~ater Cflns~rvation District, entered ir~.to a subcontract for the delivery of
municipal and industrial ("McLI"} ~rratea• #:rotri the Contra] Arizona Project ("CAP") in the amount
of 4,3 y~l acre-feet per annum titled, "Subcontract Al~t~ong t:he United Stags, the Central Arizona
Water Conservation District, and the l~lov~ring Wells Ir~riigation District, Providing for Water
Sergi%ice;" Subcontract NU. G-07-30-'~~0 f ~-2 (tl~e "I; ~'irI1.~ Ori;inal Subcontract").
B. On or about March 29; 200%, I~~~T€D; the United States, acting through the
Secretary of the Interior; and the Central flrizona ~ts~ate-r I'uor~servaCion District, entered into an
amended subcontract i:or the delivery of M&:1 ~vatcr fr•oan the CAP in the amount of x},354 acre-
f'cei per annum, titled '`Subcontract Amon; the United States, the Central Arizona Water
Conservation District, and I=1o~~.~ing Wells Irrigation} District, Providing for ~rl~ater Service,
Central Arizona I'ro,ject," Subcontract No. 07-XX-30-W0465 {the "FWID Amended
Subcontract").
C. Q» or about t1l~ril 6, 1999, C:or•t~tro-Martina Irrigation District; an Irrigation
Disirict and political sctbdivisioE~ of tht; State o:f Arizo~~cr, ~ISSigneci its CA]' M&I entitlement of
47 acre-feel per annnn~ to the Toes-n.
Regular Council Meeting -September 16, 2008 -Page 56 of 86
D. O~~ or about October 12; 1999; the 'Town, the llnited States, acting through the
Secretary of the Interior, and the Central Aa-izoa~a ~z+~atet• Conservation District, entered into a
subcontract for the delivery of Mc'LI ~~~ater 1ron1 the CAP in the tuz~ount of 47 acre-feet per
annum titled, "Subcontract An3ong the Unitecl States, the Central Arizona Water Conservation
District, and the `1'ae~~n of Marano, Pravidin~ for lhrater Service, Central Arizona Project,"
Subcontract Igo. 00-XX-30-0003 (tl~c "'I'o~~~n's {}3•igii~al Subcontract").
L. On ar about March 29, 2007; CI~e "I-o~~~n, tl7c United States, acting through the
Secretary of the Interior, and the Ce»iral At'I'T,ona Water Conservation District, entered into an
amended subco~ltract for the delivery of M&I water Pram the CAP in the amotttat of 47 acre-feet
per annum, titlc:tl "Subcontract A~~~tong the United States, the Central Arizona Water
Conservation District, and the 'T`own of Martt~za, Providing for Water Service, Central Arizona
Project;" Subcontract 1\l0. 07-XX-30-W0~I70 (the `'fo«m's Amended Subcontract").
F. On or about .Tune 27; 2003, I~Vi~I17 and tl~e Town entered into a Water
Development Agreement wl~ereb}' T't~~1I.) agreecl to cooperate and assist the Tawas in securing a
pe»~~ancnt assignment of a portion of f't1rID's MCI CAP ~~~ater entitlement to the 'Town.
Cr. F\A~iD has agreed to assign and tr~~~~sl:er to tl~c Tam cz portion of its entitlement to
CAI' M&I wate~•. I~~z,~ll3 Itas agreed to assign aid transfer to tl3e Town its entitlement to 1,481
acre-feet of CAP McCI «fater t{i•zc{er the I'~~'1D A~7~e~lclcd Subcontract.
I~. Article C.7 of the rWII~ An~endec! Subcontract provides that the provisions of the
subcontract shall alaply to a.»d bind the sctcccssors ~u~d assigns of the parties to the subcontract,
but that no assi~~nmeni of at~y portiaf~ ol; or i~~terest in, Che subcontract will be valid until
apl~rovecl by the [Jnited States.
Regular Council Meeting -September 16, 2008 -Page 57 of 86
AC~Ii3:}V1I~'tT
1,~~I]U laercby assigns, tr~znsfez-s, aitd conveys to the Town al] its rights, title, and
ii-ztcrest in and to ],481 acre-feet per an,azuaa of GAP M~~I ~afater to which I~~~ID is entitled under
tIae terms of the I' WID Amended Subcontract.
2. The 'T'own has read the 1'~~~ID Ameaaded Stzbco~atract, knows the contents and
requirements thereof, and accepts the assignment. of 1,481 acre-feet per azanuzn of CAP M&I
~vatez• uza.der tlac terms of the I'~~I:D Ame~acled Subcontract, assumes the obligatiozas thereof,
including without lizalitatiata the obligatioia to pay any and all amounts due under the FWID
Amended Subcontract with respect to tlac 1,481 acre-feel 1~er annum of CAP wafer assigned and
agrees to be bouiacl by all terms and conditions of tine I=tt~ID Amended Subcontract.
3. The "I`o~vn agrees to execute an amendment to the Tfl~~~n's Amended Subcontract
increasing its azanual e~atitlement to CAP ~~I~I w~atcr by ],48] acre-feet per annum. p'WID
agrees to execute an Anaezadment to the I; «~.ll~ Amended Subcontract reducing its entitlement to
CAI' M&I ~~Iz~ter by 1,481 acre-feet pea' annuiaa.
4. "Phis Agreement shall not become e.Pfe.ctivc until all of the following conditions
have occurred:
(a) This Agreement iaas been fiill~~ executed by aII parties.
(b} 'T'his Agreement and rel~~tecl ckocuments have been reviewed by the
Arizona Departnaeni of ~A~atei- Resources gas provided icy la«~.
(c) The. Central Arizona ~a'~lt~;r Conservation I~istrici and the United States,
actilag through the Secretary of the Inte;~ior, h~l~~e Loth approvec[ this Abree~~zaent, which shall be
evidenced lay the signatures of their respective representatives on the attached Approval.
(e} "l~he `1_o~~~n has executed an anlendnaela~ to the T'own's Amended
Subcontract increasi~ag its anni.ial entitlement to C:f~P 1~9RI ~~vater by 1,481 acre-feet.
Regular Council Meeting -September 16, 2008 -Page 58 of 86
(1) 'l'13c amendmef~t of the '1'a~vl~'s Amended Subcontract has been validated
i.n accordance with A.R.S. ~ 45~-3731.
{g) 1=W1D Las executed ~m ameridm~:nt to tl~c 1 WID Amended Subcontr~aet
rcdtlcing its e~ititle3»ent to CAW ~'vl&1 ~~,~atei- bj~ 1,~~81 acre-feet per annum.
(h) 7'l~e amLa~dn~ent to the 1~VJ1D An~cnded Subcontract has been validated in
accordance ~~ith A.R.S. X48-;i"731.
~. Notwithstanding Seciian 4 01~ this Agrcen~ent, far purposes of entitlement to CAP
water and payment of CAI' M&1 capital cl~ar~`:cs. ti~is ~-lcreetz~ent shall be effective upon its
execution by I~VdI3~ and the To~~-n.
6. "I~he parties have conzpliecl with A.it.S. ~45.1.07.D,
I:N u~C"I°1~~1/SS ~~~I-lER101~, the parties hereto have executed this Agreement the day and
year first above-,vritten.
Attest
Title:
Attest:
Title.:
Approved as to f~~rm;
r•Iao~~F1Nt~ ~~Er.,>`, II~RrcrAT1C7N
r~ 1s~l~R ~ c'r
13y:
"lisle:
"l'0\Ul\ (~I~ YIAIZANA
13~~:
"1`i tlc:
Regular Council Meeting -September 16, 2008 -Page 59 of 86 ~f
API'1ZC)VAI~
The undersigt7ed, pul-suant to Article 6,7 of the Subcal7tract, on behalf of tl7e United
States of Aa77erica, actil7g through the Secj•etal•y off' Ia7terior, and t17e Central Arizona Water
Conseavatioa7 District hereby ~Ipl~rove the fore~roil7g Agreen7et7t in accoa•dance with its teams.
Legal Re~,~iew and Apl)ro~~al
B}~:
l~icld Solicitor
I~hOBl71X,, A3-12017a
TI-IE UNl'3'1~D STATES OF AMERICA
ray:
Rcgioa7al Director
1_,ow~r Colorado R.egian
13ureaa.l of Reclaz77ation
CN1'R.1L ARI70NA WATER
CONSIRVA"PION DISTRICT
Attest:
Secret~arv
13y:__--
1'resident
1' l~/y Doaunenis\ASSICr\~il?i~FTS OP R1(ll Cf:S .~'~F) ASSl;~~11'"i I(3't5'd'l~rf D Assi,~wnc:3t -M1r~na.doC
221
J
Regular Council Meeting -September 16, 2008 -Page 60 of 86
AGRI31Ml;N `I" AMONG 'I'I-II~• tiNI7"LIB S'I'A"I"1/S,
7~~III C1~?~-I'R..~l_ ~1.IZI70NA 1~,~ATL;R CONSERVATION DISTRICT,
AND THE 'I,O W N Oh' MARANA
AMENI~MI~;?~T NO. 1 TO AMhNDFD WA"I'ER S1/I2VICL SIIBCON"T"RACT
'1•I-IIS AGRI;I;MBN"I' is treacle and entered into this -__-- day of _~ , 2008,
by and atraong the lJl~iteci States of An~eric~i; hereinafter referred to as tl3e "United States," acting
through tho Sect•eta~•y of the Interior, tl~e Cel~tt•al Arizona water Conservation District (the
``Contractor"), and the Town of Marana (t]se "Subcontractor").
ItI?CI`I'ALS
A. On or about April 6, 19c)9, Cortaro-Maral~a lrrigatian District, an Irrigation
District. attd political subdivision of the State of Arizona assignee] its Central Arizona Project
{"CAI'") n~unicil3al and industrial {"M~:I"} entitlement of 47 acre-feet per annum to the
Subcontractut•.
l3. On or about October 12, 1 X199, the Subcontractor, floe United States, acting
through the Secretary of the Interiot•, and the Contractot•, entered into a subcontract for the
delivery of M&I ~~ratcr fi•oln the CAP in ilte amc>Llnt of 47 acre-Feet per annum titled,
"Subcontract. Arrton~ the I.inited Stales, the- Central Arizona Water Conservation District, and the
Town of Marana, ]'rovidin;? for Water Service:, Central Arizona ]?roject," Subcontract No.
00-XX-30-0003 {tl~e "Ori~.itlal Subcontract"}
C. On or ]bout March 29, 2007, the Subcontractor, the t,)nited States, acting through
the Secretary of the Inio~•ior, and flee Contractor entered into rt "Subcontract Among the United
States, t17e Ce-ntr.ll 1lrizorla \Vater Conservation District, and the '1`o~~•n of Marana, Providing for
'tlVater 5ervieo. Contra] Arizona Project," Subcontract. Na. 07-XX-30-W0470 {the "Town's
An•tendc~d Subcontract").
Regular Council Meeting -September 16, 2008 -Page 61 of 86
D. Ole o?~ about September l 0, 19b6; 1'lo~n~ing Wells Irrigation District ("FWID"), tlae
United States, actin, through the Secretary of the Interio;•, anti the Contractor, entered into a
subcontract for tl~e delivery of M&I water from the CAP in the amount of 4,354 acre-feet per
annum titled. "Subcontraci. Atnnng the C~nite:d States, the Central Arizona water Conservation
District, and the I~'iowing 51~Llls Irrigation District, Providing far Water Service," Subcontract
No. ~-07-}0-1~%U142 ("1=1~VIU's Original Subcontract"}.
E. On or about March 29, 20Q7, I=WID, the United States, acting through tlae
Secretary of the Interior and the Contractor, et~tereci into a "Subcontract Among the United
States, the Central Arizoala ~X'atcr Conservation Dtstrict, and 1-lowing 'Wells Irrigation District,
Providing for Wetter Service, Central Arizona .Project," Subcontract No. 07-XX-3U-W046S (the
"I°WID Amended Subcontract"); acid
I4. 7'he Subcontractor and I~V,JID have executed a Partial Assignment of Rights and
Assumption of Otaligations of C'eniral Arizona Project Municipal and Indt_tstrial Water Service
Subcontract under which I~\~'II) has transferred its entitlet~~ent to 1,481 acre-feet of CAP IVI&I
water per annum uaicier the 1~'1tJID Amended Subcontract to the Subcontractor.
AGI2YlI/'1\~f CNT
1. f~mctldt~•tent_of Sitbarticle ?}.l2 ate. Suba--ticle 4.12(a) of tl~e Town's Amended
Subcontract is hel•eltiv ame~uled to read as follows:
"1.12 >/ntitlcment to P~c;ct W1tcr.
(a) P<>r the ~';;ar in which tl~e Secretary issues ,the I~totice of Completion of the
Water S~~pply System, the Subcontt•actor's entitlement to Project Water for
IV[&I uses shall be decermincd by the Contractor after consultation with the
Sul7cantractor and the Contracting Ofl:icer. C'otnmencing with the Year
follo~n~ir~g that in which tl~e Secretary issues the Notice of Completion of the
~~'atet• 5ul~~~l_y System; the Subcontractor is entitled to take a maximum. of
1,28 acre-fee;t of Project Water for M&I t.lses including but not limited to
ground wates• rec,harge."
Regular Council Meeting -September 16, 2008 -Page 62 of 86
2. Ameiidmel~t of Subarticle _5.2,~a~. Subarttcle >.2{a) of tl~e Town's Amended
Subcontract is hereby amended to read as follows;
"5.2 M&I ~Jatcr Service Cl~art~es.
{~) Subject to the provisions of Article ~.~} hcxeof and in addition to the OM&R
piayments required in l-~rticIc S.I hereof; tale, SL~bcontractor shaiI, in advance
af'the delivery of Project VI&I Water by tl~e United States or the Operating
Agency, make payment to the; Contractor in equal se3niannual installments of
an Mck l water service capital .charge based on a maximum entitlement of
1_~~8 acre-feet pel• year multiplied by the rate established by the Contractor
for that y~:ar."
3. The S~Ibcol~iractor shall pronzl~ily reel: a final decree of the proper court of the
Slate of Arizona decrecin;~ anti adjudging i}lis A<.~reement to be valid and binding upon and
enforceable against tl~e Suhcc~ntractor. 1"he S~Il~conlractor shall lilrnish the United States and the
Contractor a crtifiicd copy of such decree and of all pertinent supporting records. This
Agz•eemei~t shall not. becolnc effective until such final decree has been entered and no further
appeal of that decree is possible.
4. 'This Agrectnent steal( not become effective until all of the following conditions
have occurred:
(,~) T'his Agreement has hcen fully executed by all parties.
(b) `I-'his Agrec:tnent has be-en validated in accordance -with A.R.S. §48-3731,
as provided in paragraph 3 above.
{c) FWIU has executed aia an~ei~dment to the FWII? Amended Subcontract
reducil~g its entiticr~3~;nt to C`AI.' Md'c1 wafer ley 1,~1~1 acre-feet per annum; and such amendment
has been validatc~.d in accordance with A.R.S. §48-3731.
S. L•'xcept as amended herein; all torn~s, conditiol~s; and provisions of tl-te T'own's
Amended Subeo~ltrac.t shall remain unchanged and in full force and effect.
Regular Council Meeting -September 16, 2008 -Page 63 of 86
"~rowlt ors MAR.ANA
Attest: .~_..------~.__..____ ..~ I3y:
Title: "1'itlc:
CII\T"I`RAI, A1tI70NA WA"FER
C0~[SERVATION DIS"1'RICT
Attest: .__ _ __ 13y:~
Secretary I'residetat
"CI-II= UN7~'1~D STA"1`I~S 0~ AMERICA
~}'~_.~._._...___.___~_..____..._._.__ __ I3y:~
field Solicitor Regional Director
Lo~~~er Colorado Region
13urea~t of Reclanlatioti
~SocQtili~li~sersleviscon[i','t-fv [)ocumentslAivlErt~S;V[I;N'1'S ~IY) 4\~A"!'1:(: SliltViCli SL`I3CON'II:AC ('tAniendn~en[ ~o i to Town of tv[arana.doc
Regular Council Meeting -September 16, 2008 -Page 64 of 86
'° ~ ~'
~~IH~~
~~
YOf} Of 414W
11555 W. CIVIC CENTER DRNE, MARANA, ARIZONA 85653
COUNCIL CHAMBERS, September 16, 2008, 7:00:00 PM
To: Mayor and Council
From: Gilbert Davidson ,Town Manager
Item A 4
Subject: Resolution No. 2008-121: Relating to Police Department; providing for the
appointment of Terry Tometich as Chief of Police; and declaring an emergency.
Discussion:
The purpose of this item is to request the Town Council's approval of my recommendation to
appoint Interim. Chief Terry Tometich as Chief of Police in accordance with Section 4-1-2 of the
Marana Town Code. This appointment shall be effective September 17, 2008.
Mr. Tometich has been serving as the Interim Chief of Police since Apri130, 2008. In that time,
a number of indicators regarding Chief Tometich's job performance have been exemplary. Under
Mr. Tometich's leadership, the Police Department has increased both its contact with citizens and
the issuance of citations and warnings as required under the law. The chart below shows the
effects of Chief Tometich's leadership for the month of June, the first full month he led the Police
Department following Chief Vidaurri's retirement. July's numbers show a continuation of the
increased citizen interaction and enforcement activities.
Aril M~ June J~
Documented citizen contacts 427 468 809 807
(MUFI Cards)
Traffic Citations 3 24 583 448
Repair/Warning 2 58 812 621
During his brief tenure, Interim Chief Tometich implemented alive-day work week schedule for
patrol (shifting from four 10-hour days), ensuring that more sworn officers are available for
patrol duties. He has also reassigned and reorganized functions within the department to ensure
better usage of resources. In short, morale and productivity in the department has. increased
tremendously under the direction and leadership provided by Interim. Chief Tometich.
Staff had originally planned to conduct a full recruitment and selection process for the Chief of
Police vacancy. This type of process is typically done in order to attract a candidate to the
community and then to select the best individual for the job based on predictive assessment
devices, such as interviews. However, there is no better predictor of job performance than
ob"serving an individual in the actual performance of the job. Interim Chief Tometich has clearly
demonstrated his ability to perform the role of the Chief of Police over the past several months.
He brings to the position over 31 years of experience with the Arizona State Patrol in all facets
of law enforcement, including significant command level experience.
Regular Council Meeting -September 16, 2008 -Page 65 of 86
ATTACHMENTS:
Name: Deseripti on: Type:
~ Reso re. appointment of
,~ -
Tometich_as Chief Resolution for appointment of Tometich as Gh'set Resolution
(00010859)DOC
Staff Recommendation:
Based on Mr. Tometich's credentials, extensive law enforcement experience and job performance
as Interim Chief of Police, staff recommends that Terry Tometich be appointed Chief of Police,
effective September 17, 2008.
Suggested Motion:
I move to adopt Resolution No. 2008-121.
Regular Council Meeting -September 16, 2008 -Page 66 of 86
MARANA RESOLUTION N0.2008-121
RELATING TO POLICE DEPARTMENT; PROVIDING FOR THE APPOINTMENT OF
TERRY TOMETICH AS CHIEF OF POLICE; AND DECLARING AN EMERGENCY.
WHEREAS Terry Tometich was appointed as the Interim Chief of the Marana Police
Department on Apri129, 2008; and
WHEREAS Marana Town Code Section 4-1-2 provides that the chief of police shall be
appointed by the Town Council upon the recommendation of the Town Manager; and
WHEREAS Terry Tometich is a Marana resident who retired from the Arizona
Department of Public Safety after a distinguished career that spanned over 31 years and
encompassed all aspects of police work, including serving as the Southern Region Bureau
Chief/Commander for the last six years of his career; and
WHEREAS Terry Tometich has provided exemplary service in leadership of the police
department during his tenure as Interim Chief of Police; and
WHEREAS the Town Manager recommends Terry Tometich's appointment to the
position of Chief of Police of the Marana Police Department; and
WHEREAS the Town Council finds that the appointment of a Chief of Police with Terry
Tometich's credentials and experience is in the best interests of the Town.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, that Terry Tometich is hereby appointed Chief of Police of
the Marana Police Department.
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 16th day of September, 2008.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Regul~6~tI~~tir~ -September 16, 2008 -Page 67 of 86 9/9/2008 2:12 p.m. JF
11555 W. CIVIC CENTER DRNE, MARANA, ARIZONA 85653
COUNCIL CHAMBERS, September 16, 2008, 7:00:00 PM
To: Mayor and Council Item A 5
From. Gilbert Davidson ,Town Manager
Subject: Resolution No. 2008-122: Relating to Economic Development; Approving and
authorizing the Mayor to execute a financial participation agreement between Tucson
Regional Economic Opportunities, Inc., and the Town of Marana to support regional
economic development activities
Discussion:
The Town of Marana has been an investor member of Tucson Regional Economic Opportunities,
Inc. (TREO), since its formation in 2005. TREO's mission is to provide insight, infrastructure,
resources, and development efforts to accelerate economic prosperity throughout the Southern
Arizona region. As an economic development partner for the past three years, TREO has
provided assistance to the Town in business relocation, retention, and expansion.
The attached financial participation agreement (FPA) between the Town and TREO runs from
July 1, 2008 until June 30, 2009 and specifies services that TREO will render to the Town in
exchange for its continued investor-level membership. Included in TREO's obligations for the
fiscal year are two presentations to the Mayor and Council on economic development projects
within both Marana and Southern Arizona, individual consulting with Town staff on economic
development issues, and participation in the annual leadership exchange trip, among many other
elements.
Representatives from TREO will also make a short presentation to the Mayor and Council and be
available for questions.
Financial Impact:
The sum of $50,000, payable in two installments (on or before September 30, 2008 and on or
before December 31, 2008, respectively), will be delivered to TREO in exchange for membership
and economic development services. This amount shall be prorated in the event the FPA is
terminated by either party before its expiration. This funding was included as a line item in the
2008-2009 Town budget as adopted by the Mayor and Council..
ATTACHMENTS:
Name: .Description: Type:
^ reso treo agreement
2008.DOC Resolutian Resolution
^ rev 1_draft_0_8-09 Marana Exhibit A: Financial artici anon a regiment between fhe Town
FPA for_TREO.doc p P 9 Exhibit
of [~4arana and Tucson Regional Economic Opportunities, Inc.
Regular Council Meeting -September 16, 2008 -Page 68 of 86
(TREOi.
Staff Recommendation:
Staff recommends approval of the financial participation. agreement.
Commission Recommendation - if applicable:
The Business and Economic Development Citizen Advisory Commission, at its regular meeting
on August 19, 2008, reviewed the proposed financial participation agreement and recommended
approval with the following changes:
• Section 2, Item 9; Change current language to: "TREO's President and / or senior staff
will make quarterly presentations to the Mayor and Town Council., during a meeting of the
Council, regarding economic development issues in Marana as they relate to the region. TREO
will also make members of its staff available to attend other meetings of the Council as needed to
address specific economic development projects."
• Section 2; Add Item 17: A representative from TREO's staff shall serve as an ex-officio
member of the Town of Marana Business and ,Economic Development Citizen Advisory
Commission and shall participate in its meetings and activities.
Suggested Motion:
I move to adopt Resolution No. 2008-122.
Regular Council Meeting -September 16, 2008 - Page. 69 of 86
MARANA RESOLUTION N0.2008-122
RELATING TO ECONOMIC DEVELOPMENT; APPROVING AND AUTHORIZING THE
MAYOR TO EXECUTE A FINANCIAL PARTICIPATION AGREEMENT BETWEEN
TUCSON REGIONAL ECONOMIC OPPORTUNITIES, INC., AND THE TOWN OF
MARANA TO SUPPORT REGIONAL ECONOMIC DEVELOPMENT ACTIVITIES
WHEREAS the Mayor and Council have designated economic development as a priority
area for the Town of Marana; and
WHEREAS the Town of Marana was a charter member of Tucson Regional Economic
Opportunities, Inc. (TREO), upon its formation in 2005 and has remained a trustee investor since
that time; and
WHEREAS TREO, Inc., provides economic development services to the Southern
Arizona region, assisting in business attraction, retention and expansion; and
WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests
of the citizens of Marana to enter into this financial participation agreement;
NOW, THEREFORE, BE IT RESOLVED. BY THE MAYOR AND COUNCIL, OF THE
TOWN OF MARANA, ARIZONA, that the financial participation agreement between the Town
of Marana and Tucson Regional. Economic Opportunities, Inc., 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.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA., ARIZONA, this 16th day of September, 2008.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Regul~r Council Meeting -September 16, 2008 -Page 70 of 86
TOWN OF MARANA
FINANCIAL PARTICIPATION AGREEMENT
TUCSON REGIONAL ECONOMIC OPPORTUNITIES, INC.
THIS AGREEMENT, made and entered into this day of ,
2008, by and between the Town of Marana, a municipal corporation, hereinafter called
the "Town" and Tucson Regional Economic Opportunities, Inc., hereinafter called
"TREO".
WITNESSETH
WHEREAS, it has been determined that the activities of TREO are in the public
interest, and are such as to improve and promote the public welfare of the Town; and
WHEREAS, the Mayor and Council have determined that to financially participate
in the promotion of the activities of TREO is a public purpose in that the activities confer
direct benefit of a general character to a significant part of the public.
NOW THEREFORE, in consideration of the mutual covenants and conditions
hereinafter set forth, the parties hereto do mutually agree as follows:
Section 1: Statement of Purpose
TREO shall oversee the implementation of the Economic Blueprint for the region to
ensure and improve the vitality of the larger community, including the Town of Marana,
by complementing the community's economic development resources.
Section 2: Services To Be Performed by TREO
1. The Town will be provided participation in TREO's ongoing Blueprint Mobilization
effort.
2. TREO will assist and participate as needed in the development and implementation
of the Marana Economic Blueprint strategic plan.
3. A specific focus for TREO shall be to pursue the creation of quality jobs through the
attraction, retention and expansion of non-retail businesses within the greater Tucson
region, including the Town. TREO, in cooperation with the Town's Economic
Development Administrator (EDA) or designee, agrees to work with the Town in
recruitment and expansion efforts for relevant industries that are identified in the
Town's General Plan. TREO will coordinate regional responses to new business
relocation leads, site selector marketing and work with the EDA on prospects
demonstrating a specific interest in the Town, or prospect(s) visits to specific site(s)
for appropriate Town involvement.
4. TREO shall support Town business retention efforts within the Town as they relate to
high-wage/targeted employers.
5. TREO shall provide quarterly reports in a timely fashion to the Town EDA on
progress with recruitment,. retention and expansion of job opportunities within the
Town.
Regular Council Meeting -September 16, 2008 -Page 71 of 86
6. The Town EDA, or his/her designee, will be invited to participate on the Economic
Development Professionals Council, which represents all regional economic
.development partners. TREO hosts these meetings to discuss professional issues
and exchange information.
7. The Town will be allowed to send one (1) representative, with expenses paid, on the
Leadership Exchange Trip during the Agreement period.
8. The Town's economic profile will be posted /linked to the TREO's web site. TREO
shall also provide a 100-word listing regarding the Town's economic profile on
TREO's web site with a hot link.
9. TREO's President and/or senior staff will make two presentations per year to the
Mayor and Town Council, during a meeting of the Council, regarding economic
development issues in the community. TREO will also make members of its staff
available to attend other meetings of the Council as needed to address specific
economic development projects.
10. TREO shall provide access to free advertising for the Town on KVOA's Inside
Arizona Business television program when available.
11. The Town will receive individual consulting and advice from TREO on
development issues.
12. TREO shall provide consultant services to the Town for promotion of the Arizona
Job Training Grant Program and other similar programs for eligible Town businesses.
13. TREO shall provide to the EDA and/or designees invitations to welcome
receptions for relocating/expanding businesses and site selector conferences, with
preferred table placement and special pricing for events.
14. TREO shall identify the Town as a title sponsor and provide a corporate table at
the Annual Dinner or Luncheon.
15. TREO shall provide the Town a subscription to its e-newsletter and investor-only
alerts, including distribution of breaking news.
16. The Town shall be recognized as a TREO Corporate Trustee on all TREO
materials and communications.
Section 3: Services To Be Provided By The T
Invest the sum of fifty thousand dollars ($50,000) in TREO for the year beginning July 1,
2008 and ending June 30, 2009..
Section 4: Evaluation Criteria And Reporting
A. TREO agrees to submit to the Town, through its EDA, reports addressing the
progress of TREO in achieving its Program of Work. Reports shall be
submitted within fifteen (15) working days of the .end of each calendar quarter.
B. TREO agrees to review and present such reports to the Town Council in open
meetings on an as requested basis.
Regular Council Meeting -September 16, 2008 -Page 72 of 86
Section 5: Method of Payment
The Town shall pay the amount required by Section 3 in the following manner: $25,000
to be paid on or before September 30, 2008, and the balance to be paid on or before
December 31, 2008 upon receipt of written request signed by an authorized
representative of TREO. The Town may withhold a scheduled payment in whole or in
part as may be necessary because:
1. Services were not rendered.
2. TREO failed to supply information or reports as required.
3. TREO is not in compliance with agreed upon disbursement documentation
and/or other project performance.
When the reasons for withholding payments have. been corrected to the satisfaction of
the Town, any amounts due shall be processed.
Section 6: Accountability
TREO shall maintain a true and accurate accounting system which meets generally
accepted accounting principles, and which is capable of properly accounting for all
expenditures and receipts of TREO on a timely basis.
TREO shall provide the Finance Department of the Town, within four months after the
close of TREO's fiscal year, a copy of the financial audit of TREO's operations by an
independent certified public accountant, along with any management letter, and, if
applicable, TREO's plan for corrective action.
If TREO does not have an audit, it may submit within three months after the close of its
fiscal year, a complete accounting of Town funds received. This accounting must be
approved by the Finance Department of the Town as sufficiently descriptive and
complete.
If for good reason TREO cannot meet the times established for submission of financial
reporting, TREO shall notify the Finance Department in writing of the reason for the
delay, provide an expected completion date, and request a waiver of the due date.
At any time during or after the period of this contract, the Finance Department of the
Town or a Town agent may audit TREO's overall financial operation for the contract
period. TREO shall provide any financial reports or documentation necessary to
accomplish such an audit.
Section 7: Americans With Disabilities Act
TREO shall comply with all applicable provisions of the Americans with Disabilities Act
(Public Law 101-336, 42 U.S.C. 12101-12213) and applicable federal regulations under
the Act (28 CFT Parts 35 and 36).
Regular Council Meeting -September 16, 2008 -Page 73 of 86
Section 8: Terms of Agreement
This Agreement between parties as described above shall be effective from July 1,
2008 through June 30, 2009 and may be extended by approval of the Mayor and
Council of the Town for up to one year.
Section 9: Termination
This Agreement may be terminated at any time by mutual written consent, or by either
party giving thirty (30) days written notice to the other party, or at such time, as in the
opinion of the Town, TREO's performance hereunder is deemed unsatisfactory.
If the Town exercises its right to terminate under this Section prior to completion of the
term of the Agreement, the amount due to TREO under Section 3 and Section 5 shall
be prorated based on the actual date of termination of the Agreement.
Section 10: Indemnification
To the extent not prohibited by ARS Section 35-154 and permitted by ARS Section 41-
621, TREO .agrees to indemnify, defend and save harmless the Town, its Mayor and
Council, appointed boards, committees, and commissions, officers, employees, and
insurance carriers, individually and collectively, from all losses, claims, suits, demands,
expenses, subrogations, attorney's fees, or actions of any kind and nature resulting
from personal injury to any person, including employees of TREO or of any
subcontractor employed by TREO (including bodily injury and death) or damages to any
property, arising or alleged to have arisen out of the work to be performed hereunder,
except any such injury or damages arising out of the sole negligence of the Town, its
officers, agents or employees. Workers Compensation insurance andlor self-insurance
carried by the Town does not apply to employees or volunteers acting in any capacity
for TREO.
Additionally, Town shall indemnify and hold harmless TREO, its members of the Board
of Directors, officers, appointed committees, employees and agents from and against
any claim, loss, damage, employment taxes, costs, or any other expenses arising out of
or resulting from .any claim or demand arising from any misuse, disclosure or
misrepresentation by Town with respect to this Agreement.
Section 11: Independent Contractor
The parties stipulate and agree that TREO is not an employee of the Town, and is
performing its duties hereunder as an Independent Contractor, supplying its own
employees, and maintaining its own insurance, workman's compensation insurance,
and handling all of its own internal accounting. The Town in no way controls, directs, or
has any responsibility for the actions of TREO.
Regular Council Meeting -September 16, 2008 -Page 74 of 86
Section 12: Non-Discrimination
TREO promises to abide by Federal statutes relating to non-discrimination.
Section 13: Insurance
TREO agrees to:
A. Obtain insurance coverage of the types and amounts required in this section
and keep such insurance coverage in force throughout the life of this
Agreement. All policies will. contain an endorsement providing that written
notice be given to the Town at least ten (10) calendar days prior to
termination, cancellation, or reduction in coverage in any policy.
B. The Comprehensive General Liability insurance policy will include the Town
as an additional insured with respect to liability arising out of the performance..
of this Agreement.
C. TREO will provide and maintain minimum insurance limits as follows:
COVERAGE AFFORDED
Workers' Compensation
LIMITS OF LIABILITY
Statute
Comprehensive General
Liability Insurance, including
Personal injury coverage
$1,000,000-Bodily Injury and
Property Damage Combined
Single Limit
Comprehensive Automobile $1,000,000-Bodily Injury and
Liability Insurance Including: Property Damage Combined
Hired and non-owned vehicles Single Limit
D. TREO shall adequately insure itself against claims based upon lawful
discrimination and violation of civil rights. The Town shall be an additional
insured on the policy providing such coverage. The cost of this insurance
shall be borne by the Agency.
Section 14: Conflict of Interest
This Agreement is subject to the provisions of A.R.S. § 38-511.
IN WITNESS WHEREOF; the parties hereto have executed this Agreement as of the
date first above written.
Regular Council Meeting -September 16, 2008 -Page 75 of 86
ATTEST:
Jocelyn Bronson, Town Clerk
Date:
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Date:
By:
Witness to the Agency signature
Date:
TOWN OF MARANA, a municipal
corporation
By:
Ed Honea, Mayor
TUCSON REGIONAL ECONOMIC
OPPPORTUNITIES, INC.
By:
Agency representative
Regular Council Meeting -September 16, 2008 -Page 76 of 86 6
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11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
COUNCII., CHAMBERS, September 16, 2008, 7:00:00 PM
To: Mayor anal Council
From: Frank Cassidy ,Town Attorney
Item A 6
Subject: Resolution No. 2008-123: Relating to Real Estate; Vacating a portion of the public
right-of-way of Camino de Mariana that crosses the Union Pacific Railroad property,
and declaring an emergency.
Discussion:
Construction of the new Twin Peaks Interchange will include agrade-separated railroad crossing,
which will replace the existing at-grade Camino de Mariana railroad crossing. If approved, this
item will vacate most of the right-of--way of Camino de Mariana that crosses the property owned
by Union Pacific Railroad, and will authorize the Town Engineer to execute aquit-claim deed of
abandonment, transferring the vacated right-of-way to Union Pacific Raikoad when the Twin
Peaks construction reaches the point where public and construction access is no longer needed
over the Camino de Mariana at-grade railroad crossing. A 20' by 33' rectangle of land at the
southwest corner of the Camino de Mananaright-of-way across the Union Pacific Railroad
property will continue to be needed by the Town for drainage purposes and is not proposed to be
vacated by this resolution. After this right-of-way is vacated, the public Camino de Mariana right-
of-way will dead-end at the east edge of the Union Pacific Rairoad, thereby leaving in place
public roadway access via Camino de Mariana to the property owned by Unisource Energy
Corporation (TEP).
Financial Impact:.
Arizona law requires the landowner who will receive the vacated right-of-way to give
consideration in an amount deemed by the Council to be commensurate with the value of the
vacated right-of-way, giving due consideration to its degree of fragmentation and marketability
and any other public benefit received by the Town in return for the vacated roadway. Closure of
the at-grade railroad crossing will result in a $657,488 contribution from Union Pacific Railroad
toward the construction of the grade-separated Twin Peaks crossing. This contribution, and the
limited marketability of a narrow strip of land that crosses the Union Pacific Railroad mainline,.
leads Town staff to recommend that the Council require no additional consideration for the
vacated right-of-way.
ATTACHMENTS:
Name;
~ Reso Vacatng_Camino de
Mariana. at UPRR_(00010862-
3~DOC
~ abandonment exhibit-
Description:
Resolution Vacating the Right-ot-Way
Exh A and Al i_egaE Descriptian and Map
Type:
Resoiution
Exhibit
Regular Council Meeting -September 16, 2008 -Page 77 of 86
rr_.pdf
Staff Recommendation:
Staff recommends adoption of Resolution No. 2008-123.
Suggested Motion:
I move to adopt Resolution No. 2008-123.
Regular Council Meeting -September 16, 2008 -Page 78 of 86
MARANA RESOLUTION N0.2008-123
RELATING TO REAL ESTATE; VACATING A PORTION OF THE PUBLIC RIGHT-OF-
WAY OF CAMINO DE MANANA THAT CROSSES THE UNION PACIFIC RAILROAD
PROPERTY; AND DECLARING AN EMERGENCY.
WHEREAS the Town of Marana's construction of the new I-10 Twin Peaks Traffic
Interchange will include agrade-separated railroad crossing, which will supplant the need for the
existing at-grade Camino de Manana railroad crossing; and
WHEREAS the design of the I-10 Twin Peaks Traffic Interchange requires the closure of
the existing Camino de Manana/northbound I-10 frontage road intersection and the at-grade
Camino de Manana railroad crossing that leads to that intersection; and
WHEREAS the closure of the existing at-grade Camino de Manana railroad crossing will
result in a contribution of approximately $657,488 from Union Pacific Railroad toward the
construction of the I-10 Twin Peaks Traffic Interchange; and
WHEREAS the Town of Marana is authorized by A.R.S. §§ 9-240(B)(3)(e) and 28-7205
to vacate and abandon Town roadways; and
WHEREAS the Town Council finds that the Town is receiving appropriate consideration
for the vacated right-of--way for purposes of A.R.S. § 28-7208 based on Union Pacific Railroad's
contribution to the I-10 Twin Peaks Traffic Interchange construction cost and. the limited
marketability of the narrow strip of land being vacated, which crosses the Union Pacific Railroad
mainline; and
WHEREAS the Town. Council finds that the safety provided by the new I-10 Twin Peaks
Traffic Interchange and its grade separation with the railroad far outweighs the convenience
provided by keeping the existing Camino de Manana at-grade crossing in place; and
WHEREAS the Town Council finds that this resolution is in the best interests of the
Town and its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. The Town of Marana hereby vacates and abandons that portion of the public
right-of--way of Camino de Manana that crosses the Union Pacific Railroad property as
particularly described and depicted in Exhibits A and Al attached to and incorporated into this
{00010862DOC 13} 9/10/2008 11:54 AM FJC
Regular Council Meeting -September 16, 2008 -Page 79 of 86 _ 1 _
resolution by this reference, subject to and upon satisfaction of Section 2 of this resolution, with
transfer of title occurring when the Town Engineer executes aquit-claim deed of abandonment
pursuant to Section 3 of this resolution.
SECTION 2. The existing at-grade Camino de Mariana railroad crossing shall not be
closed and the Town Engineer shall not execute aquit-claim deed of abandonment until the
Town Engineer determines that the I-10 Twin Peaks Traffic Interchange project has progressed to
the point that neither public nor construction access is needed or desirable over the existing at-
grade Camino de Mariana railroad crossing.
SECTION 3. Subject to and upon satisfaction of Section 2 of this resolution, the Town
Engineer is hereby authorized to execute aquit-claim deed of abandonment in favor of Union
Pacific Railroad, evidencing the transfer of title to the vacated and abandoned. right-of--way in
accordance with the requirements of A.R.S. § 28-7205.
SECTION 4. The Town's Manager and staff are hereby directed and authorized to
undertake all other and further tasks required or beneficial to carry out this resolution.
SECTION 5. It is necessary for the preservation of the peace, health and safety of the
Town of Marana that this resolution become immediately effective, so 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 16th day of September, 2008.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank. Cassidy, Town. Attorney
{00010862.DOC / 3} 9/10/2008 ] 1:54 AM FJC
Regular Council Meeting -September 16, 2008 -Page 80 of 86 _ 2 _
URS
LEGAL DESCRIPTION FOR
ABANDONMENT PARCEL
That portion of the Northwest quarter of Section 22, Township 12 South, Range 12 East, of the
Gila and Salt River Meridian, Pima County, Arizona, being more particularly described as
follows:
COMMENCING at the Northwest corner of said Section 22 (rebar with cap) from which the
North quarter corner of said Section 22 (railroad spike) bears North 89°34'30" East, 2639.76 feet;
thence North 89°34'30" East, 1245.91 feet along the North line of said Section 22 to the westerly
right of way of the Union Pacific Railroad;
thence departing said North line South 35°02'38" East, 1971.77 feet along said westerly right of
way to the POINT OF BEGINNING;
thence departing. said westerly right of way North 54°5722" East, 200.00 feet to the easterly
right of way of the Union Pacific Railroad;
thence South 35°02'38" East, 60.00 feet along said easterly right of way;
thence departing said easterly right of way South 54°57'22" West, 180.00 feet;
thence North 35°02'38" West, 33.00 feet;
thence South 54°57'22" West, 20.00 feet to said westerly right of way of the Union Pacific
Railroad;
thence North 35°02'38" West, 27.00 feet along said westerly right of way to the POINT OF
BEGINNING.
Said parcel contains 11,340 square feet or 0.2603 acres more or less.
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Regular Council Meeting -September 16, 2008 -Page 81 of 86
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ABANDONMENT PARCEL
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11555, W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
COUNCIL CHAMBERS, September 16, 2008, 7:00:00 PM
To: Mayor and Council Item B 1
From: Gilbert Davidson ,Town Manager
Subject: Council Citizen Advisory Commission Assignments.
Discussion:
On July 1, 2008, the Town Council approved Ordinance No. 2008.15, which modified several
administrative procedures and regulations pertaining to each of the citizen advisory commissions
(CACs). A new provision approved by the Council allows for the appointment of a council
member as a liaison to each of the CACs.
In a letter dated August 7, 2008, Mayor Ed Honea requested that each council member provide
his or her top three choices of commissions on which each would like to serve. After receiving a
response from each council member, the Mayor reviewed the selections and assigned council
members based on their stated interests. Those assignments are as follows:
Affordable Housing Commission =Vice Mayor Herb Kai
Business & Economic Development Commission =Councilmember Carol McGorray
Parks & Recreation Commission =Councilmember Patti Comerford
Planning & Zoning Commission = Councilmember Jon Post
Police Commission =Councilmember Russell Clanagan
Utilities Commission =Councilmember Roxanne Ziegler
Each council member's role on these commissions will be as an ex-officio and non-voting liaison
representing the Town Council. Council. members are encouraged to attend the meetings of their
assigned commissions and provide assistance and advice as requested by the commission
chairperson.
ATTACHMENTS:
Name: Description: Type:
!~o Attachments Avaiiabie
Staff Recommendation:
Mayoral appointments.
Suggested Motion:
Regular Council Meeting -September 16, 2008 -Page 83 of 86
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11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
COUNCIL CHAMBERS, September 16, 2008, 7:00:00 PM
To: Mayor and Council Item E 4
From: Frank Cassidy
Subject: Executive session pursuant to A.R.S. § 38-431.03(A)(3) and (4) for discussion or
consultation with the Town's attorneys to consider the Town's position and receive
legal advice concerning public roadways affecting and in the vicinity of the Saguaro
Ranch development, including Thornydale Road right-of-way north of the roundabout
near the Saguaro Ranch entry. and the "public easement" that is the subject of the
pending litigation entitled Theresa Chamberlain vs. Saguaro Ranch Development
Corporation, Pima County Superior Court No. 020083779
Discussion:
To be provided in executive session.
ATTACHMENTS:
'.dame: Description: Type:
~ 20080812 Sac uaroR_anc_h
rulinQ.pdf Augusi 12 Court Ruling Cover Mema
Staff Recommendation:
Suggested Motion:
Regular Council Meeting -September 16, 2008 -Page 84 of 86
!~`
` AUK 15 2008
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ARIZONA SUPERIOR COURT, PIMA BOUNTY
:.~~
JUDGE: HON. JOHN E. DAVIS ~ CASE A1,O.
COURT REPORTER: NONE
THERESA CHAMBERLAIN, a married woman, in
her individual capacity and as member of the public
Plaintiff
vs.
SAGUARO RANCH DEVELOPMENT
CORPORATION an Arizona corporation;
SAGUARO RANCH INVESTMENTS, LLC, AN
Arizona limited liability company, et al.,
Defendants
020083779
DATE: August 12, 2008
RULING
Ilv CHAMBERS:
The plaintiffs seek injunctive relief in order to enforce their access to a disputed area they argue
is a deeded public easement. The defendants dispute the plaintiffls right to access and assert a right to
prevent such access. The matter was briefed and argued after the conclusion of testimony and the
admission of documents. The defendants opposed consolidation with an allegation in the amended
complaint regarding a private easement claim and on the merits. Pursuant to Rule 6S (a} 2. Ariz. R.
Civ. P.
The parties agree there was a public easement. They disagree over its nature and whether it
remains in existence. In order to obtain their injunction plaintiffs must show the possibility of irreparable
injury. The defendants have blocked their access and summoned the Marano police. The likelihood of
irreparable harm to plaintiffs during the pendency of this law seems remote because the Marano. police
have been advised "not tv issue any citations for criminal trespass within the disputed easement areas,
unless and until a final judgment is obtained holding that these third parties have no rights within the
disputed easement areas." Letter of May 1, 2008 to defendants' attorney from Frank Cassidy, Marano
Brenda Goode
Judicial Administrative Assistant
Regul~.¢il Meeting -September 16, 2008 -Page 85 of 86
RULING
Fage: 2 Date: August 12, 2408 Case No: 020083779
Town Attorney.
The plaintiff must also show that the balance of hardship favors them. As stated above the
likelihood of police action imposing any hardship on the plaintiffs is remote. The defendants have
declined to accelerate a resolution on the merits pursuant to Rule 65(a} 2 and seem content to await a
final judgment leaving undecided whether Saguaro Ranch will or will not have the exclusivity it markets
to its buyers. The plaintiffs have not shown that the balance of hardship favors them.
Which party will succeed at trial on the merits rests upon whether or not the Town of Marina has
or will exercise its prerogatives pursuant to ARS § 9-240 (3} e. The record made at this hearing is sparse
regarding the Town's position on abandonment. The letter of May 1, 2008 quoted earlier does not
resolve the issue. The record is insufficient to support plaintiffs' case for injunctive relief. Public policy
would disfavor a ruling by a Court on the core issue of abandonment of a public easement where the
Town has the prerogative to abandon or not abandon at .any time pursuant to ARS § 9-240 (3) e.
IT IS URI}ERED the plaintiffs request for injunctive relief is DENIED.
cc: Hon. John E. Davis
Stephen M. Weeks, Esq.
Craig Keller, Esq./ Daryl Wilson, Esq. 2177 E. Warner Rd, Ste 103 Tempe, AZ 85284
Drue Morgan-Birch, Esq.
Brenda Goode
Judicial Administrative Assistant
Regul~ cpQugg~rjl Meeting -September 16, 2008 -Page 86 of 86