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HomeMy WebLinkAbout01/06/2009 Council Agenda Packet• REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, January 6, 2009, 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 paeers 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 special services are available upon prior request to the Town Clerk at least 10 working days prior to the Council. meeting. • Regular Council Meeting -January 6, 2009 -Page 1 of 87 Agendas • Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online at «~yyw.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, January O5, 2009, 7:00 PM, at the Marana Municipal Complex, the Marana Operations Center and at www.marana.c_ om. 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 staffto review the matter, or may ask that the matter be placed on a future agenda. PRESENTATIONS ANNOUNCEMENTS/UPDATES PROCLAMATIONS Marana Broncos Mitey Mite Blue MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS STAFF REPORTS 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. Regular Council Meeting -January 6, 2009 -Page 2 of 87 C 1: Resolution No. 2009-001: Relating to Development; approving and authorizing a final plat for Cascada, Village I (Lots 1-430), Blocks I - XVIII, "A", "B", "C", "D" & • Common Areas "A", "B", "C", "D", "E", "F", "G", "H", "I" (Kevin Kish, AICP) C 2: Resolution No. 2009-002: Relating to Community Development: granting $1,000 in discretionary funding to the Arizona Academic Decathlon Association to support the 2009 Region III Academic Decathlon being held at Marana High School. (T VanHook) C 3: Minutes of the December 9, 2008 special council meeting and the December 16, 2008 regular council meeting COUNCIL ACTION A 1: Resolution No. 2009-003: PUBLIC HEARING:Relating to the extension of the Alternative Expenditure Limitation (Erik Montague) A 2: Resolution No. 2009-004: Relating to Development; approving and authorizing the Mayor to execute a development agreement with Marana Mortuary & Cemetery Properties, L.L.C. (Kevin Kish, AICP) BOARDS, COMMISSIONS AND COMMITTEES ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Legislative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature (Steve Huffman) 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)(4), discussion or consultation with the Town's attorneys to consider its position and instruct its attorneys regarding a November 14, 2008 claim filed by Cortaro-Marana Irrigation District and Cortaro Water Users' Association. E 4: Executive session pursuant to A.R.S. § 38-431.03(A)(4) and (7) for discussion or consultation with the Town's attorneys and representatives regarding negotiations for the possible purchase of certain water infrastructure located within the town. limits of the Town of Marana and certain related water resources 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) Regular Council Meeting -January 6, 2009 -Page 3 of 87 ADJOURNMENT • • • Regular Counal Meeting -January 8, 2009 -Page 4 of 87 PROCLAMATION WHEREAS Tucson Youth Football & Spirit Foundation Conference sponsors the Marana Broncos; and WHEREAS the Mitey Mite Blue -ages 7-10 years - is one of nine teams in the Marana Broncos organization; and WHEREAS the members of Mitey Mite Blue went 9-0 this season and are the only undefeated team in the Marana Broncos organization. NOW, THEREFORE, the Mayor and Council of the Town of Marana recognize and congratulate the Marana Broncos Mitey Mite Blue team, whose members are: Cole McCafferty, Elia Ramirez-Mareno, Ryan Henkel, Leis Perez, Trevor Sutton, Mason Alejandro, David Tilley, Robinson LaFaye, Vaughn Starling, Cisco Garcia, Connor Leavens, Kage Anderson, Keian Anderson, Manuel Miranda, Tristan Andrews, Nicholas Bonnean, David Worden, Kade George, Javier Oritz, Camden Rodriguez, Tyler Trebilcock, Tristan Lopez, Damon Garcia, Jadon Price, Michael Jenkins, Aleq Santa Cruz, and Diego Miranda. AND FURTHER COMII~ND the team staff: Todd Leavens, Joe McCafferty, Mike Flores, Rich Henkel, Manny Miranda, Ronald Garcia, Scott Tilley, Willie Alejandro, Deborah Rodriguez, and Shar McCafferty for their leadership in promoting youth fitness, sportsmanship, and teamwork. Dated this 6th day of January, 2009. ATTEST: Jocelyn C. Bronson, Town Clerk ~~ ~ Ed Honea, Mayor ;.' ~ i~„~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, January 6, 2009, 7:00:00 PM To: Mayor and Council From: Kevin Kish, AICP ,Planning Director Item C 1 Subject: Resolution No. 2009-001: Relating to Development; approving and authorizing a final plat for Cascada, Village I (Lots 1-430), Blocks I - XVIII, "A", "B", "C", "D" & Common Areas ,~A~~~ ~~8~~~ ~~C~~~ „D~~~ ..E.. ~~F~~~ ..G.. ~~H~, ..L. Discussion: RecLuest The applicant is requesting approval of a 1,340 acre final plat that consists of eighteen blocks and includes 430-lots for the development of Village L . History The Town Council approved a rezoning to zone "F" Specific Plan creating the Cascada Specific Plan on December 5, 2006 by Ordinance 2006-23. The Town of Marana subsequently entered into a development agreement with the developer by Resolution 2007-82. Location This final plat is located east of I-10 and UPRR, approximately 1 1/4 mile south of Tangerine Road, directly west of the corporate Town limits and generally north of Linda Vista Boulevard. Land Use The land use designations within Cascada Specific Plan provide for a variety of residential, commercial, open space and mixed-use opportunities. The residential designations provide a range of lot sizes for single-family homes up to high density with a maximum of 3,806 dwelling units allowed per the Cascada Specific Plan. The Village Commercial and Employment Center designations allows for a mix of residential and commercial uses at different levels of scale within the same development. Various forms of open space areas have been created to provide Cascada residents, as well as the local community, outdoor recreation opportunities. Within the blocks there are approximately 469 acres of low density residential, 137 acres of medium density residential, 158 acres of medium high density residential and 30 acres of high density residential planned. Additional high density residential is allowed on approximately 31 acres in a mix of residential and commercial uses in Village Center. The nearly 84 acres of Employment Center use allows a diversity of uses at a regional scale. Open space is divided into three categories: 5.4 acres of Open Space Recreation, 209 acres of Natural Undisturbed Open Space and approximately 67 acres will be dedicated to the Town for regional parks. As part of a large master planned community, Village I will be constructed to strict architectural design • standards. Unifying themes will reinforce the community identity and also provide a variety of unique homes. Three distinct types of homes are planned with lot sizes ranging from 3,045 to 11,202 square feet with the average lot size being 4,279 square feet for Village I, Within Village I, there are 4301ots Regular Council Meeting -January 6, 2009 -Page 5 of 83 divided between the medium density residential (MDR) and medium high density residential (MHDR) designation. MHDR (lots 1-275) proposes two products: attached, two-story homes and a detached, mix of one and two story homes with rear, loaded garages off of alleys with common courtyards in the front. The MDR (lots 276-430) area proposes a more traditional. detached, one and two story home with garages in the front. Transportation Regional circulation is provided with access and connectivity to the I-10 freeway from the new Twin Peaks interchange. Direct access to Cascada will be provided from the realigned Linda Vista Boulevard and Camino de Manana Road. Internal circulation is routed on anorth-south spine road (Cascada Boulevard) which connects Linda Vista Boulevard to Lambert Lane as well as servicing local residential collector streets. Village I features two full-width access roads to Cascada Boulevard. An integrated system of walkways, bikeways .and trails will connect the different neighborhoods and parks within the site. Large washes that run through the project area have been designed as multi-use drainageways providing improved pedestrian trails along the banks. Parks and Recreation The Cascada Specific Plan creates a hierarchy of parks based on the development of the district parks, neighborhood parks and community parks linked together by an integrated system of pedestrian oriented paths.. Two regional parks totaling approximately 67 acres will be constructed parallel to I-10 with input from the Town Parks and Recreation. Department. These facilities will serve the whole Town as well as the nearby residents. Five neighborhood parks are planned within the development, including a 2.1 acre park in Village I as well as community gathering areas in the Village Center. Impact Fee Per the development agreement, the developer has agreed to pay a "School Improvement Contribution Fee" of $1,200 per residential lot at the time of building permit issuance. The developer will also pay the applicable park development and transportation impact fees at the time of building permit issuance. • ATTACHMENTS: Nazne: Description.: Type: ^ Resolution 2009-XX Cascada FP.doc Resolution Resolution ~ Cascad FP_Location Map.pdf Cascada Final Plat Location Map Backup Materiai ^ Cascada Final_platTpdf Final Plat Backup Material Staff Recommendation: Staff has reviewed the request against the requirements of the Marana Land Development Code, the rezoning conditions of Ordinance 2006.23 and the development agreement of Resolution 2007-82. The Cascada Final Plat is in conformance with all required development regulations and design. guidelines. Suggested Motion: I move to approve Resolution No. 2009-OOI. • Regular Council Meeting -January 6, 2009 -Page 6 of 83 • MARANA RESOLUTION N0.2009-001 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A FINAL PLAT FOR CASCADA, VILLAGE I (LOTS 1-430), BLOCKS I - XVIII, "A", "B", "C", "D" & COMMON AREAS "A", "B", "C" "D", "E", "F" "G" "H", "P' WHEREAS, the Mayor and Town Council approved and adopted the Cascada Specific Plan on December 6, 2006 by Ordinance 2006.23, and subsequently entered into a Development Agreement with the developer on May 16, 2007 by Resolution 2007.82; and WHEREAS, Red Point Development Inc. the owner of Cascada, has applied for approval of a final plat for Cascada consisting of 1340.61 acres, including Village I (Lots 1-430), Blocks I through XVIII and "A through D", and Common Areas "A" through "I", and generally located east of I-10 and UPRR, approximately l 1/4 mile south of Tangerine Road, directly west of the corporate Town limits and generally north of Linda Vista Boulevard within portions of Sections 9, 10, 11, 14, 15 and 22, Township 12 South, and Range 12 East; and • WHEREAS, the Town Council, at its regular meeting on January 6, 2009, determined that the final plat of Cascada should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the final plat for Cascada, Village I (Lots 1-430), Blocks I - XVIII, "A", "B", "C", "D" & Common Areas "A", "B", "C", "D", "E", "F", "G", "H", "I", is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of January, 2009. ATTEST: Mayor Ed Honea Jocelyn C. Bronson., Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney • Marana Resolution No. 2009-001 Regular Council Meeting -January 6, 2009 -Page 7 of 83 • • .',~ °° ,. ~ ~. ~.. `~'~ 4`-"``~~~ ~' ~ ~ ~~~ ,rti, ;; ~ ~~ F ie~~ ~.~ A~ i ~.~. Cascada Final Plat CASE PRV-07075E C~SCADA _ z~ ~ ~ ~^ o~' ~~~~ ~ ~ ~~ ~ ~nT ~ qT 7~ O fl IN SIS I 2 O \, O P C^1 r- z ~ LINDA V15TA B W. r Z Q m G z Z Reques t 0 1500 3000 n. " A request for approval of a Final Plat for Cascada - Village I (Lots 1-430), Blocks I - XVII, "A", "B", "C", "D" & Common Areas "A", "B", "C", "D", "E", "F" "G", "H", & ,.I.. 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G -r \ ~ ~~~ ..~ ~~~ . ~ y; f 6~ i ~~~ ~ % , ~, x ~ /~ AAeefing -January 8, 2009 • Page 18 of 83 ~a ~~ ~ ~~ g ~ . ~~ RNY '~ s ` t .. • ~ ~A 4 ~ 4 ~ ' ~~ ~~. ; , . f ~I 4 ' j ~i i v >f ~ d ~~~/I ~_~~ Sy e ~ /~ v~0 ~ ~ i ~ ~' /, / , q 4i// Wis. i."_-~~ ~~ ar ~T Ai ~`~~ ~ / ~~. ` ~.. rn~~ '`~; c ' f / ~ 4~ ~ a '~, // A N ~~, F ~ 1 ro / ~$' \ \ ~ / ~ s I i~ ~ ~~ ~~ , /4 4'' ~.~ ~ ~ Q ~b ~ or=~ `\ 1 rn~:t ~ \ iz ~ W I ~ ,...! ~j ~ ~ ~. `\ ~ . f ~ I .\ ~ s i ~ -----s---?-- -- ~® ~'_ _ ~ ii ~ ~ _ Z r e s ~ 8 i i ~ ___- X ~_____ _._.___._.. _.__ i ~~ I /~ ~_ YI / Y "a - i ~a ~~€ ~ I a E g ^ ~ I ~ ~ ~~ ~I ~~ 4: ~~r/ ~~ ~~ ~~ g~ 8 g>ZZ ~B ~ ~ O ~~ ~ ..~ ~~ ~~ ~~~ ~~v ~~~D m~ ~X ~~ ~> i~ 1 3~ , s ~a ~ ~~ ~~ ss " e,n;zj ~ ~ ~ gm ue~i~ ~ i s€ ~ T .. ~1 c erg ~ ~aqi ~i i ~ ~u~ •, ~~'~ ;`v ~ ~ ~ Q i y ~ ~ ~ =~ ~= ~ ,~ • • 0. 0 g ~ s: 36 b $ !~ o~ o ~ o ~8' ~' a° ~ ~ 61A ~~ 6 ~ ~ ~~ ~W ~m ~ ~~ gD Q° ~ < ~~ ~ _~ ~~ ~ ..~ ~~ ~ ~m ~ ~' ~ m ~m ~ ~. ~m a. ~o $~ ~+ ~ ~ o'~~ y ~i $~ ~C~ ° =~ R ~~~ o ~ _~ ~ n »~ ~~ k ' ~~N ~~~v oD D $ ~ ~i~ !~ T ~~ ~~ m ~~ a - ---. ~--- _--- ~_., wr,TOi u~ __ sc-~ sr~-r e- • f _ ~ / _ M i , ` ~ ~ ~y ' ,~~ _ e r ~ ~S?~-. , 1 , pp ~ t ~ ~~ ~ ~ ~ os ~: o., y ~ ~ ~ <a-..~ od.~ ~' ' ~ \ ~ ~ ~ ~i ~ ~ ~ ~ ~ ~ '~ D \ , #;~ , I „~ ~ ~^~ \ I xaV1sY1'r imaY ~ , +za.os' ~ ~ ~ .~ ~ 1~ I ~ ~~ ~ ~~~ I ~; ro i- ; 4~ Vi 04 ~~ ~~ d: ~~ ~~ i ~ ~ t ~ s ~ I I ------- - -------------- -------------------- ----~-- --------- _'_-•--•• -MATQiINE SEE SHEETIO • •-••-••_••_• •-•_-••~•1 Meeting • January 6, 2009 -Page 17 of 83 -i ~----.,....---- ~. o y g vi ~.. ~ ~ ' -- ~~ $ /\\ • • :7 a ~. 0 ~~ ~a' ~' ° S ~~~ N~ m ~~ S m~ ~m ~~ ~~ ~w ~~ ~m ~, ~; ag ~m :m ~m R ~n ~~ ~~ $~ X$ ~~ ~~ n ~~ ~~ v ~~D ~r ~~ d m ~<X ~> ~~ ~'+ . ~.MATOi WE SEE SKEET 9 `. .. i ~ 1 ~ I • !~ ~ ~ s ^ f L ~ I ~ ~ 1 ~~ ~~~ ; ~~~ ~~~ s ~ ' x ^ ~ ' ~a ~ ^ ~ ^ I~ I I~ ;^ ~ D' ~ 4~ ~~, ~~ ~ ~~ ~ .~. ~ r~ ~ ~~~ ~ F~ i ~ ~ -;. _L. ----------_-. _v -- -- - __~__--..J.. l Arai i.niE s~ s-~E~ n ~ r ~ i~e;Taa ir~E see sir ~ Meeting -January 8, 2009 • Pege 18 of 83 i `~ F ~, o _ ', ~ o ~- ~r ~ ~ ,~ C7 • 0. ~• ~~ $ ' e a ~ ~ va ~ 8 $~ p o :~~ ~s ~n ~ ' e m~ ~ y ~ ~ ~~ ~ ~~ pQ v 6 •' ~ ~~ ~ ~~ ~ V~ ~ ~~ P+R ~~ ~ ~ D ~ F Z i ~m ~ 3 ~m ~ :m F ~~ C3! ^ 3 _,.~ ~ ~ ~ ^ ^ ^ i ^ ~ I • ~- ~ bw~ ~v ~,°~ ~ ~z ~~~ ~ ~,~ ~ ~& m ~ $~ `^ m ° w ~ ~~ 8~ m ? 5-....-C15'i ~'., - Icn _'1 cn cx i ~.. . ,. \: [~' C? Z: 7_.~i A ~~~ a :• - • ^ -a a i h:+ ~ v ~ a ^ G :.. ^ as a r- ^ - - - TQ~I WE SEE SPIFFY 14 MATtSi lNE SEE SHEET 10 ~~~ ~ ~~~~~ I i ~ ~ i ~ I ,~ 4 i 'r I~ i i ~ I ~ ~ ~ ^ aSa I; 'V T 111 @a ~ S ~ 1 ' ~ R ' ^ .a • - ^ . ~" ~ ~ L~ • ~ ~ li ~ ~ i~ ^ ^ ^ _ -- ~ t ^ ~ ,.. ^ .. ^ ! 1 ~ ~ ^ r] :. • ~ 7 Gi ~ 1 ^ 1 n N~ ~~ D ~~ D ~ ---------- ~~ ~X i~ ~ !~-- ------ ~ N a ~- ~£-- ~ Meeting - Janua ; 200@'- P~ 99 of 83 '. ^ 1 ., ^ ~ ~ I cr ^ ^ ,;. ^ ~~ . ;^ -. ~^ ~: ; ~^ - - - ~.~• N~N S ~~~ ~~~ /Jx Y ~ ^n~~n~.a~~s:raw~~su^oau^~^^^^^^^gr`cw;nins'~•~•••~'__ ~~ ~ ;~ - _a-2s-c~.c - cn i v q.i.:- ! rn Fa ~~ 3~J i L ~ ~ °a ~~a~ c_ - 2 . ~~~ .., a z +~~ ~® .1 • • • ^~ ~ _ _ _______-_-_ _______T___ ~~ ~~~w I V _ -_ 4Sre ~ ~ .€ 0. N~~~ ~ F ~~ F ~-_~ ~ ¢ p ~ ~ ~ I 1/,Vi ry~_ tel: V ~ q~e~~ u a ~ ~ ~~V /+,y`~~v 9 ~ ~ H~ $ d I r ~~4 .n~~s ~ ; ~ i i,- ~'~ mm as e ~~~~ ~ '/ 1 ~~ ~ ~ ~ ~ ~ ~ ~ si rx-~I ~ ~ ~ ~, ~ ~ ~ ~ ~ ~ ~ I i ~>w~ ~.~ ~ ~ ~ ~~~ ~ ~ I ~~ ~ ~ n m ~~ ~ ~~ ~ $ ~' b~~ ~ ~~' ~ i~ ~ I ~~~ g~ ~ ~~ ~ • ~ ~ ^ ~~ ~ \ • y C; ~' ~ . r. > ^ m ~,.r~~ ~ ,_~ ~ > ~0 - ~ , ~ ) ~i ,/ i -~ g~ ~~~o~~~U1 r ~ ~~ ~ ~ ~N~~~~~ b D ~ ~ ~~N ~ ~N~~~~ ~o ~ ~ § ~ _~~~ ~ ~ Rb~~;~~~7 ~ MATCH I.NE ~ ~ °----- _--- ~ ~k., A. o ~ ~ sue, ~_ ~~ ~ - ~'', \ ~ "' ~~ ~ ~~ ~ a~ ~~u~y€ ~ ~ s ss i ~ ~ 3 Regular u~cil Meeting-January 8, 2009-Page 20 of 63 ~~ _i m_ _______.___~ ~ $ • • a _ ~ ~T- .._. _ _~~ ~p ..___ ., ~._..____ -~_ ~ ________--_ :~ ;. ~a r• ~ ~ I , I I a`,AS1 ~ ' ~¢. ~~ ~ ~ ~ I I I ~ ' V p ~ ~C~ ~I / I ~, ~ I ' o N ~t ~ , ' y ~ I ~ ~ ~ ~~~ 'y e I i / Te` ^ ~ , ~ ~ ~~ ` ! I I ~ 'o ~ ~' ~ n ' m I ~ ~ ,r ~ I ~ ~ i i ,~ ~ ~ I i :~! ! c ~ ~ i i ~~ o ~ m ~ ~~ I i F N ~ gm ' ~ ~ ~ 11QA6- :~ ' ~~ r ~ ,` ~ x ~ ~ ~ ~~ - I \ \~ 1S ~ ~a~ • q II~~ -,y~ f /~ ~ F 2~ I P~ ~ `~ ~ ~ .~ ~, i wj C I~9j ~ ~ ~ ~ I $ I p~ ` ~ . ~ ~ \ n ~+ I o1 1 ~~~ ~ , ^ I _ 1~~ • ~'1 ~~ ~ 3fan' R ~ ~ I 1CfA[ t ~~ - ~ J ° $ a~ o ~~ .ran' ~~~~ €_ n / s9 P~ Y ~ N~~~ ~ ~~ ~ - - - --------------- ---~-__--- u'° - -- ---- ----- - ---~ -- - 3d ~ ~~~~b~ ~iri ••-•MATCHLNE ~~SEESFIEETI4• ••_••_~ o ~ e~ ~ ~ ~ Nc i QQ - R~Rc ~ R ~. K w-' ~ ~ O = R ~ ~~ ~ 'i ~ a 1 ! i ~ r ~ I ~? ? ~ N ~ o ~ ~ a ~ ~ T ~~~~ d~ ~ m fop _ ~-- ~ ------ -a ~~ ~ ~ , 2 z ~ j E4 • w $~~ R ~ ~ ~ ~~ ~ $ Regu ou cil Meeting - Je a}y 8, 00 - ~ age 21 of g3 _ ~ • • • ~• p... ~... 0 ~` 5 yqS Gp ~aa u ag SSSS$ 3 ~~ ~~ d~ p(~~ lg t ~ ~N y~ 3¢ m $ ~ & ~ _m m ~~ ~~ ~Q g ~ ~ ~' ~~ ~g~ ~~ ~,~ g ~w~ "s ~ =~ .', g yy~~ g ~ ~ ~ ~, ~ s ~~ --------------------------------------------- --- M,r,~ u~ `sf~r s •I---- - ------- ~~ i p~ --~ ~`~,~ ,~ ~~ - ~A _ ~ _, ^ ~~ -, ~~~ I ~~~~~ . L.V >~ ~~ .s ~ ~' , ~.~ ~Z. i ~ -- ozc ~~~ ~_ ~ ~~S a`~ ~D r I ~~ c~.c z ~ 1~ IY ~ -- ~~ ~~ ~ ,- ~ ~ s <~~r ' ~ r'~\ '~_ d n n ~ \ '' /~/~- ,~ ,-~ ~~- ~~~ ~ n ETC ! ~ ~'-`~~, ! 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CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, January 6, 2009, 7:00:00 PM To: Mayor and Council Item C 2 From: T VanHook ,Community Development Director Subject: Resolution No. 2009-002: Relating to Community Development; granting $1,000 in discretionary funding to the Arizona Academic Decathlon Association to support the 2009 Region III Academic Decathlon being held. at Marana High School Discussion: The Academic Decathlon was established in 1968 in Orange County, California and quickly spread to communities throughout the United States. The Arizona Academic Decathlon Association was organized in 1985 and granted 501(c)(3) status by the IRS to provide educational support for youth. The mission of the Arizona Academic Decathlon Association is to promote, motivate and acknowledge excellence in academic efforts and educational achievement through a program of academic • competitions for high school students at all scholastic achievement levels. Arizona Academic Decathlon students have qualified to compete at the national level 24 consecutive years, finishing in the top ten 3 times, the top five 18 times, and the top three 10 times. In Arizona, students compete in four regional competitions. Finalists advance to the State level and on to the National qualifier. Both Marana and Mountain View High Schools participate in the Region III competition along with students from high schools throughout Cochise, Greenlee, Pima, Santa Cruz, and Yuma counties. This year the Marana High School will be hosting the Region III Academic Decathlon on the campus for two days, January 30th and 31st. Students will compete in a variety of events developed around a Latin American theme. The scholastic area emphasized will be in Art, Economics, Essay, Interview, Language/Literature, Math, Music, Social Science, Speech, Super Quiz Individual student and teams each receive a Certificate of Participation. The top three teams are awarded trophies and medals. The top three students in each of the categories win medals for. the events. Discretionary funds are requested to purchase supplies (paper, pencils, markers, badges, labels, printer cartridges, etc.) and to provide a dinner, breakfast, lunch, and healthy snacks for volunteers, coaches, and students. Meals will be catered through the Marana Unified School District to ensure that appropriate dietary guidelines for schools are met as required by federal dietary mandates. ATTACHMENTS: Name: Description; Type: ~ ARAD_Fundmg_Resolu#ion. 01-2009.DOC Resolution Resolution Staff Recommendation: • Staff recommends $1,000 in funding for the 2009 Region III Academic Decathlon. Regular Counal Meeting -January 6, 2009 -Page 46 of 87 Suggested Motion: • I move to adopt Resolution No. 2009-002 granting $1,000 in Discetionary Funds for the 2009 Region III Academic Decathlon. • • Regular Council Meeting -January 6, 2009 -Page 47 of 87 • MARANA RESOLUTION N0.2009-002 RELATING TO COMMUNITY DEVELOPMENT; GRANTING $1,000 IN DISCRETIONARY FUNDING TO THE ARIZONA ACADEMIC DECATHLON ASSOCIATION TO SUPPORT THE 2009 REGION III ACADEMIC .DECATHLON BEING HELD AT MARANA HIGH SCHOOL WHEREAS, the Town of Marana has established a Discretionary Fund to support local non-profit and grassroots organizations forwarding the priorities set by Mayor and Council; and WHEREAS, Mayor and Council recognize the need to promote programs that encourage positive activities for Marana youth and families; and WHEREAS, the Arizona Academic Decathlon Association, an Arizona non-profit organization is requesting $1,000 to support the 2009 Region III Academic Decathlon being held at Marana High School; and WHEREAS, the 2009 Region III Academic Decathlon will provide area youth and their • families an opportunity to participate in a two-day event to promote, motivate, and acknowledge excellence in academic achievement and engage students in positive activities. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, the Arizona Academic Decathlon Association is granted $1,000 in support of the 2009 Region III Academic Decathlon. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 6a' day of January, 2009. Mayor Ed Honea ATTEST: • Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney SPECIAL COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, December 9, 2008, at or after 6:00 PM Ed Honea, Mayor Herb Kai, Vice Mayor Russell Clanagan, Council Member Patti Comerford, Council Member Carol McGorray, Council Member Jon Post, Council Member Roxanne Ziegler, Council Member REGULAR MEETING CALL TO ORDER AND ROLL CALL All Council Members were present. • PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE APPROVAL OF AGENDA Motion by Council Member Post, second by Council Member McGorray. Passed unanimously 7-0. CALL TO THE PUBLIC PRESENTATIONS P 1: Presentation: Relating to an update on the Town's financial status through the first four quarters of the .fiscal year, discussion and concurrence on recession strategies and overview of PHASE 1 budget reduction targets. Introduction by Gilbert Davidson of the general financial challenges facing the country and all municipalities. He indicated that this challenge is an opportunity to move forward with solutions in a positive way by being responsible and conservative through budget savings where possible. Over the past year, management has been looking at all the budget factors to cut expenditures without reducing necessary services. All department directors have been revisiting their budgets recently to get an overall 15% aggregate reduction. He noted the rapid economic downturn being the reason for management to escalate the budget reductions at this time. He then mentioned that having the strategic plan in place will be a helpful tool to manage the future appropriately for the benefit of the town citizens, • Erik Montague then presented financial information with preliminary results through October of 2008. He also discussed state revenue projections, ongoing reduction targets and the ability to maintain a structural balance. He then presented a chart on actual Regular Council Meeting -January 6, 2009 -Page 45 of 83 • Arizona revenue growth from. 1999 through 2008 as well as the forecast for 2009-2012.. Next was a summary of the state economy which continues to deteriorate. Projections are a shortfall from $1.2 billion - $1.5 billion for FY 2009 and $2.2 billion to $3.0 billion for FY 2010. Unanticipated was the reduction in urban revenue sharing. The state has levered their budget based on projected capital gains. Of great concern will. be adjustments to the budget of one-time or permanent changes to state-shared revenues. The next slide showed Marana's major revenue with the highest being transaction privilege taxes which are basically sales taxes, then state shared revenues and then development related revenues. Building permits are lowest they have been in years. TPT is roughly 60% of the town's revenues made up primarily of contracting and retail sales tax. He showed month by month comparisons. For example.. in October contracting collections were up 5.8%. In the same month, retail collections were down 11.4%. Mr. Montague then presented a comparison slide of Tl'T from the period 2007- 08 and 2008-09. A little over $1 million less has been collected this year over last year. Originally, it was intended to have one-time costs funded from the reserve fund of about $6 million. The amount needs to be adjusted to keep the integrity of the. Department directors have been asked to make 15% reductions rather than the 5% and 10% reductions requested earlier in the year structural balance or structural integrity Reduction targets are based on the best available information, forces in the economy • which are changing daily and changes to shared revenue. Based on the identified targets, and adjustment of $2 million needs to be made for ongoing general fund obligations and $L2 million for one-time projects for a total of $3? million.. One time adjustment of $1.6 million from the Transportation fund and $.5 million one time adjustments from the HURF (Highway User Revenue Fund) monies. Within the general fund for ongoing reductions. 14 positions that are vacant or have been vacant, savings to not fill those positions comes to about $.70 million; operating expenditures of $1.3 million. One time cost-savings of $1.2 million preliminarily identified are for delayed vehicle acquisitions, reduced Honea Heights sewer connections, delayed Continental Reserve ballpark lighting, reduction of the Heritage Park Planning supplemental process of $300,000 for outside professional services and miscellaneous reductions of about $150,000, From the Transportation Fund cone-time savings of $1.6 million including Honea Heights pavement, Moore Road improvements, Rivulet Drive, Ina Road design and miscellaneous reductions. A one-time reduction of $.5 million in the HURF fund. The department directors will make every effort to meet the overall objective of meeting the integrity of the service delivery while cutting costs. Mr. Davidson then asked Council if they had questions and elaborated more on his approach to recession proofing the local budget. Vice Mayor Kai asked about • construction sales tax from Spectrum and Westcor -are there delayed? Yes, although Spectrum would. not affect revenue projections for another 2-3 years. Those substantial retail areas are not be considered to offset deficits. Regular Council Meeting -January 6, 2009 s Page 46 of 83 • Mr. Davidson noted that staff has worked very hard, referencing page 8 of 14 in their packets. He noted that he has been talking to employees about the financial situation, especially during the holiday season. He stressed how important it was for them to have full acknowledgement of the situation. The first three items on page 8 are key -health and safety, keeping basic programs and essential services going before opening up new programs, expenditure revenue alignment (structural balance issues), and revenue diversification and cost recovery. He then. discussed the Phase 1 and Phase 2 Plan. On Phase 1, we will implement the general fund operating budget reductions (15% reductions) -- the implementation of one- time expenditure savings in other funds such as transportation and HURF. Phase 2 will begin immediately to work on that approach .(vacancy management, service levels and delivery and cost recovery). Staff will come back in January or February with a solid proposal for Phase 2. Many of the reductions aren't going to solve 2009 issues but will be focused on 2010, 2011 and 2012. The Mayor asked if new revenue sources have been identified. Mr. Davidson responded that there may be some such as bed tax, Council Member Post asked if the sales tax revenue would rise to the 11% loss? Mr. Montague reflected that this was a reasonability factor and had been calculated into the projections, but noted that it was difficult to predict. Council Member Post hoped that days off rather than layoffs would help prevent people from losing their jobs. When the to~n~ cycles back we will need that institutional knowledge to get back on track. The Vice Mayor concurred with Mr. • Davidson that there's a lot of talented staff to do more work in-house. It's up to senior staff to motivate employees. Mr. Davidson stressed the value of the human capital in the organization. The greatest challenge is making sure that all team members at all levels understand what is before us. There are disconnects between the varying levels of the town. It will be incumbent upon the financial team to make sure that the employees understand what is being faced and become part of the solution. This should help build a stronger team for the future. The Mayor commented on the bed tax issue. If we raised our bed tax by 6% we would still be competitive to other n}unicipalities in the area. It could generate $400,000, and we could put off bringing on an economic development director for another year. Mr. Montague elaborated that it's maximizing revenues under the existing structure, but it is also important to review and evaluate service delivery regularly. The Mayor noted that the bed tax is a transient tax so it wouldn't tax citizens. Council Member Ziegler stated she was not in favor of a bed tax. She pointed to vacancy savings of 14 positions. She questioned the need for the positions including police officers. Mr. Davidson noted that this process started over a year ago to see where positions could be delayed or eliminated completely. As it related to the police department, it's important to maintain a level of officer ratio to the community or there will be other issues that will occur if policing is not maintained. Within the police department there are still vacancy savings or an adjustment approach can be • implemented. Council Member Ziegler asked if there is a list of mission critical positions. Deb Thalasitis stated that they will begin working on this list Thursday and Friday. Previously, they were looking at position by position. She gave examples. The potential for moving people around to utilize skill sets is being reviewed. Council Regular Council Meeting -January 6, 2009 -Page 47 of 83 • Member Ziegler suggested that it's better to manage to the worst. She also wants to keep talent within the town. Mr. Davidson suggested looking at the recession. management strategy -and the three areas -health and safety, investment in infrastructure and improvements -don't want to see a decline, and thirdly, looking at existing citizen programs and services. It is important to have accessible offices so that citizens can contact staff regarding programs that are positive (critical services and programs). Council Member Clanagan suggested deferring discussion of new bed tax for the next budget process. Council Member Post congratulated staff for recognizing that there is a problem. There are many things that we can continue to do and should spend money on even if we have to borrow to bring more jobs to the community and economic development. The businesses that succeed and grow are goin ; to da it now. There are many things to do now to protect our financial security but be prepared for when moving forward. Council Member McGorray concurred in keeping the talent we have as being critical to conducting business in the future. The Vice Mayar suggested that staff should take the lowest bid for future projects. By being construction manager at risk for our projects it could save dollars. Council Member Comerford noted that this could be a great opportunity to utilize our own resources to the maximwn and be creative. Council Member Ziegler asked what other miscellaneous reductions are on page 9. 1VIr. • Montague will provide that and will include travel and training and non-essential travel. Training within the local region will be encouraged. ANNOUNCEMENTS/UPDATES PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Clanagan discussed the fatal collision on Cortaro Road and the gridlock that ensued. Council Member Comerford congratulated staff on the Christmas Tree lighting ceremony. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS No reports. STAFF REPORTS GENERAL ORDER OF BUSINESS CONSENT AGENDA • COUNCIL ACTION BOARDS, COMMISSIONS AND COMMITTEES Regular Council Meeting s January 6, 2009 -Page 48 of 83 • ITEMS FOR DISCUSSIONlPOSSIBLE 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) and {4) to discuss and consult with the Town's attorneys and receive legal advice concerning legal issues affecting ,the possible annexation of property at the southeast corner of Avra Valley Road and I-10. Motion to proceed as directed in executive session by Council Member Comerford, second by Council Member McGorray. Passed 5-0 with Vice Mapor gai and Council Member Post being excused E 3: 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/Pi.ma 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 4: Executive session pursuant to A.R.S. § 38-431.{l3(A)(4), discussion or consultation with the Town's attorneys to consider its position and instruct its attorneys regarding a November 14, 2008 claim filed by Cortaro-Marana Irrigation District and Cortaro Water Users' Association. FUTURE AGENDA ITEMS ADJOURNMENT Motion by Council Membe~• Clanagan, second by Council Member Comerford Passed S-0. CERTIFICATLON I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on December 9, 2008. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk • Regular Council Meeting -January 6, 2009 -Page 49 of 83 REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, December 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 Met~ber Jon Post, Council Member Roxanne Ziegler, Council Member REGULAR MEETING CALL TO ORDER AND ROLL CALL. All present except for Vice lllayor Kai, who was excused • PLEDGE OF ALLEGIANCE/iNVOCATIONlMOMENT OF SILENCE APPROVAL OF AGENDA, Mayor Honea asked that all items be considered up through A6, skip A7, then move to items B1 and D1, then to the Executive Session relating to item E4, and then back to A7 and then back to Executive Session items E2 and E3. Moved by Council Member Clanagan, second liy Council _Member McGorray. Approved 6-0. CALL TO THE PUBLIC. Rheannon Rzucidlo from Marana High School's STAND program asked for support for the after-prom parry at Bedroxx related to item C2 on the agenda. David Morales spoke regarding new candidates becoming oriented to the town and advertising through billboards for business and economic purposes. Jason Cann spoke on behalf of the Marana Police Officers Association regarding the reinstatement of Barbara Harris as Assistant Police Chief. He reiterated that the MPOA stands behind the PERF survey from March of 2008 that showed a vote of no confidence from police officers. PRESENTATIONS ANNOUNCEMENTS/UPDATES • Regular Council Meeting -January 6, 2009 -Page 50 of 83 • PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Mayor Honea stated that the state put the Twin Peaks interchange out to bid. This has been a 10-year project. The bids will close on January 30 and hopefully in February dirt will move. It will help put people back to work and, tie various parts of the community together and will be a big savings in many respects. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Mr. Davidson reiterated support for the Twin Peaks project. He noted that town offices would be closed on December 25, 2008 and January 1, 2009. STAFF REPORTS GENERAL ORDER OF BUSINESS CONSENT AGENDA. Moved by Council Member Comerford, second by Council Member McGorray. Approved 6-0. C l: Resolution No. 2008-165: Relating to Utilities; approving and authorizing the Mayor to execute an intergovernmental agreement with the Town of Oro Valley for water service to the New Life Baptist • Church located in Marana C 2: Resolution No. 2008-] 66: Relating to Community Development; granting Discretionary Funding in the form of Entertainment Credits to the Students Together Against Narcotics and Drinking, a student-run grassroots organization. to support "The After Party", an event to keep Marana youth out of harms way after the 2009 Marana High School Prom C 3: Minutes of the December 2.2008 regular council meeting COUNCIL ACTION A l: Ordinance No. 2008.26: Relating to Development; approving and authorizing a rezoning for Marana Mercantile Mayor Honea declared this a public hearing. Mr. Kish stated that the applicant requested continuance to February 3, 2009. Motion to continue the Public Hearing to February 3, 2009 by Council Member McGorray, second by Council Member Clanagan. A 2: Public Hearin: Relating to Alternative Expenditure Limitation (Home Rule Option) Mr. Montague presented this as the first of two public hearings for the Home Rule Option/Alternative Expenditure Limitation. He briefly reviewed the elements of the Home Rule Option and why this will be coming to the citizens for a vote in May of 2009. This is a critical measure for any community and • especially for growing communities without a dedicated revenue source -relying on stated shared Regular Council Meeting -January 6, 2009 -Page 51 of 83 • revenues and sales taxes. Without the Home Rule Option, services would be reduced. No action required. A 3: Resolution No. 2008-167: Relating to Real Estate; conditionally vacating and authorizing the Town Manager to execute Deeds of Abandonment for strips of the Thornydale Road public right-of- way east of the noise walls constructed on the east side of the recently completed Thornydale Road Improvement Project; conditionally authorizing Town staff to proceed with the installation of chain link fencing to secure the area behind the noise walls; and declaring an emergency Frank Cassidy presented this item. He showed photos of the areas in question that would allow the town to installation chain link fence behind the noise wads along Thornydale Road to improve security. Motion by Council Member Comerford, second by Council Member Clanagan. Approved 6-0. A 4: Resolution No. 2008-168: Relating to Personnel; approving and adopting amendments to the Town's Personnel Policies and Procedures, revising Chapter ~ -Compensation, Chapter 4 - Employment Benefits, and Chapter 6 -Employee Development: and declaring an emergency . Presented by Suzanne Machain. These amendments were first presented on November 18 at which time some concerns were raised regarding the calculation of overtime in a week where a holiday occurs and the repayment of educational assistance for employees who separate from the town. Also brought back is the issue of FMLA and recent rulings in that regard.. She recommends adoption of Chapter 3 as . presented. With regard to educational assistance, employees who separate within one year will be required to pay the full amount given. She also brought additional changes relating to Chapter 6, which adds language that once available funds in a fiscal year are expended, no additional funds will be provided, and participation also depends on an employee's good evaluation. Council Member Ziegler asked what the approved tuition fund was. The amount is $20,000 for budget tuition for a fiscal. year. Employees may take one or ttvo or up to three classes per semester. Council Member Ziegler expressed her concern. She ~~ anted the 75% reimbursement go to 100%. Ms. Thalasitis noted that no employee has been denied any reimbursement. Council Member Ziegler asked if the amount can be raised to 100%. Ms. Thalasitis said that it could be reviewed in the upcoming budget process. Council Member Clanagan moved to approve, second by Council Member Post. Approve S-1, with Council Member Ziegler voting nay. A 5: Resolution No. 2008-169: Relating to Personnel; approving and authorizing an extension of the terms of the sitting and alternate employee board members of the Town's Personnel Action Review Board; and declaring an emergency Ms. Fairall presented this item. She noted that the employee members' terms expired on December 15, but that there is another hearing that would require a sitting board. Staff is proposing that the extension • be granted through this hearing, and staff will be bringing changes to the PARB procedure back to Regular Council Meeting -January 6, 2009 -Page 52 of 83 • Council for consideration of the process. Moved to approve by Council Member McGorray, second by Council Member Clanagan. Approved 6-0. A 6: Resolution No. 2008-170: Relating to Real Estate; establishing a policy to accommodate Town Supervisory Control and Data Acquisition (SCADA) antennas at no cost on all communication towers erected on property leased from the Town Presented by Frank Cassidy and noted that it was brought back at the request +of Council Member Ziegler. This would direct staff as a matter of policy to start off in the negotiations for any tower lease on town property with a foundational statement that we will not move forward unless as part of the deal the SCADA accommodation for the antenna is made part of that deal and that it's free for us to decide to attach to any tower that goes up on town property. Since negotiations for tower leases or for leases of town property are essentially made on a case by case basis, his expectation will be that a person wanting to lease town property will recognize that they need to accommodate the SCADA antenna and will try to reduce their rent for that. He noted that this is a policy statement to accommodate future leases of antennas. Perhaps any negative effects of that accommodation will not necessarily come out of the rental paid for the property. Motion by Council Member Ziegler,' second by Council Member Clanagan. Approved S-1. Mayor Honea voted nay. A 7: Resolution No. 2008-171: Relating to Utilities; approving and authorizing the Mayor to execute • a Mutual Cancellation of Intergovernmental Agreement and Transition .Agreement with Cortaro- Marana Irrigation District and Cortaro Water Users' Association; and declaring an emergency . Presented by Frank Cassidy. noting redlined changes primarily to paragraph 2, which is what Council is being asked to approve rather than what was placed in their packets. He noted references to the exhibits and some corrections on the wording on page 1. The main changes are in paragraph 2. Rita McGuire presented the changes. She is legal counsel for the town on this particular docurr~ent. It provides for 180 days from date of execution until eventual purchase of CMID wells at the town's sole discretion it wishes to purchase. These are wells that were placed into trust in the 1979 agreement between CMID and the town. She elaborated on the various processes the to~~~rr could take. The primary purpose of the agreement is to provide for the transition of the wells, for the town to own and operate the wells for the sole benefit of the town. Other provisions are fairly standardized except for enforcement -paragraph 5 - a 50 gallon per minute deed restriction. Paragraph 6 -exportation of water -this is an opportunity for the district to keep track of what the town is doing. Paragraph 7 deals with new wells. It provides an opportunity to exchange information between the parties if a new well is drilled within a mile of an existing well. The town has the right to accept or reject the purchase price. The rest are just technical changes. For clarification, the date of the agreement should be December 16, 2008. There is an error in paragraph 7, second to the last line "the town is sole discretion" needs to be changed. Motion to approve with corrections as presented, and staff is authorized to make the exhibits as presented in executive session by Council Member Clanagan, second by Council Member McGorray. Approved 5-0 with Council Member Post having left before the executive session. Regular Council Meeting -January 6, 2009 -Page 53 of 83 • BOARDS, COMMISSIONS AND COMMITTEES B 1: Resolution. No. 2008-172: Relating to Boards, Commissions and Committees; Approving the re- appointments of Bill Ohl and Bob Anderson to the Town of Marana Board of Adjustment. Mr. Kish presented this item for reappointment. Moved by Council Member Comerford, second by Council Member McGorray. Approved 6-0. ITEMS FOR DISCUSSION/POSSIBLE ACTION D l: State Legislative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature Presented by Steve Huffman who gave an overview of what"s happening in the Legislature right now. There is no expectation for having a special session. In January, there will be cuts in the present fiscal year anal then in the next fiscal year. In the last two weeks, he has been. getting out in the community - meeting with the League and Pima county jurisdictions. Also, Marana participated with local community leaders in making a pitch to major league baseball to preserve the sports authority in the region. The presentation was well-received even though there are challenges based on what's going on in the Maricopa County area. Staff is actively working at the suggestion cif the federal delegation. to work with state agencies regarding a stimulus package based on prioritizing infrastructure. • Council Member Ziegler asked how the town missed out on the list for the economic stimulus package that was in the paper for Maricopa County. Mr. Huffman noted ttlat part of the problem during the transition from one administration to the next is that there is no official list. Many communities are putting `wish' lists together. There is no real policy on how to put packages together. What is being done is what can be done at this point. He listed the process for putting the priorities together. Congress will then give appropriations to federal agencies, coordinating with the new administration for what projects will get funded. Mr. Davidson noted that items have been submitted for infrastructure CII' projects to the Pima Association ~of Governments. All community needs will be looked at. The initial list had to meet stringent criteria for asix-month timeline. 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. § 38-43 L03(A)(3),(4) and (7), discussion or consultation for legal advice with the Town's attorneys and discussion and to consider its position and instruct the Town Manager and staff concerning (1) the lawsuit entitled Town of Marana v. Pima County/Pima County v, Marana (consolidated), Maricopa County Superior Court No. CV2008-001131, (2) pending • legal issues, settlement discussions and contract negotiations relating to the transition of Marana wastewater collection and treatment to the Town of Marana. No action required. Regular Council Meeting -January 6, 2009 -Page 54 of 83 E 3: Executive session pursuant to A.R.S.. § 38-431.03(A)(4) for discussion or consultation to consider the Town's position and instruct the Town's attorneys concerning Fidelity National Title Company, as trustee under Trust Nos. 30,199 and 60,104 vs. Town. of Marana, et al., Pima County Superior Court Case No. 020082776. Legal staff requests a motion concerning whether or not the Council wants legal staff to actively oppose the developer's request for a stay which would be to asking for the referendum not to happen in 2009 at the primary or general election. Council Member McGorray moved to authorize `no position' on the stay of election with the court, second by Council Member Clanagan. Approve 5-0. E 4: Executive session pursuant to A.R.S_ § 38-431.03(A)(4); for discussion or consultation to consider the Town's position. and instruct the Town's attorneys regarding (1) a November 14, 2008 claim filed by Cortaro-Marana Irrigation District and Cortaro ~T~'ater Users' Association (CMID/CWUA) and {2) a proposed mutual cancellation and transition agreement with CMID/CWUA on tonight's agenda . See item A7 above for motion. 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 To«~n Code, Title 2, Chapter 2-4, • Section 2-4-2 B) ADJOURNMENT. Moved by Council Member McGorray, second by Council Member Comerford Approved 5-0. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marano Town Council meeting held on December 16. 2008. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk Regular Council Meeting -January 6, 2009 -Page 55 of 83 ~J 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, January 6, 2009, 7:00:00 PM To: Mayor and Council Item A 1 From: Erik Montague ,Finance Director Subject: Resolution No. 2009-003: PUBLIC HEARING:Relating to the extension of the Alternative Expenditure Limitation Discussion: In 1985 and every four years thereafter, the residents of the Town of Marana voted to adopt a local alternative expenditure limitation, also known as the Home Rule Option. Under the Home Rule Option, total expenditures for the Town are determined at the time of budget adoption and may exceed those imposed by the State of Arizona. Without the Home Rule Option, Town expenditures may not exceed those set forth by the State. The • State's limitation is determined by an expenditure base that was established in 1979-80, adjusted for inflation and population growth over the years. When approved by the voters, the Home Rule Option is in effect for four consecutive years. With Council approval, residents of the Town will be asked to vote on the Home Rule Option on May 19, 2009. If the ballot measure passes, the Home Rule Option will take effect for fiscal years 2009-10 through 2012-13. Voter approval of the Home Rule Option is critical to the Town of Marana and its ability to provide services to its residents. To illustrate this point, the State's limitation, including estimated constitutionally excludable expenditures, for fiscal year 2008-09 is $53,717,422 while the Town's expenditure limitation under the current Home Rule Option is $211,500,515. The above illustration clearly describes the importance of the Home Rule Option. Without the Home Rule Option, the Town would be mandated to cut expenditures and services tike streets maintenance, public safety; community development, and parks and recreation programs to comply with the State imposed limitation despite receiving revenues well in excess of the limitation. The State's expenditure limitation is expected to be $60,131,262 in 2009-10, $62,388,981 in 2010-2011, $64,802,951 in 2011-2012, $67,398,384 in 2012-2013. The attached worksheets provide a more detailed analysis of the aforementioned calculations. Prior to scheduling an election for Home Rule, the Council must conduct at least two public .hearings. This is the second of two public hearings on the Alternative Expenditure Limitation, after which the Council may consider the adoption of a resolution authorizing the Home Rule Option to be submitted to the voters of the Town of Marana. • ATTACHMENTS: Regular Council Meeting -January 6, 2009 -Page 58 of 85 Name: Description: Type: • ^ 2009 Name Rule Resolutiondoc 2009 Name Rule Optian Resolutian Resaiutian ^ 2009 borne Rule Summ_a_ry_ Anal +~sis Draft.pdf 2009 Home Ruie Analysis Draft Summary Backup Material O 2009 Home Rule Detailed Anal sis DrafF. df 2009 Name Ryle_Detailed Analysis Draft Backup Material ~____ p _ Staff Recommendation: Recommend the approval of Resolution 2009-003. Suggested Motion: I move to approve Resolution No. 2009-003. n U Regular Counal Meeting -January 8, 2009 -Page 59 of 85 • MARANA RESOLUTION N0.2009-003 RELATING TO THE EXTENSION OF THE ALTERNATIVE EXPENDITURE LIMITATION WHEREAS, The Arizona State Constitution permits the submission to the voters of a town an Alternative Expenditure Limitation; and WHEREAS, the voters of the Town of Marana in 2005 adopted. an Alternative Expenditure Limitation and Home Rule Option and have voted to extend such Home Rule Option from time to time; and WHEREAS, the Town Council of Marana after two public hearings has determined that an extension of the Alternative Expenditure Limitation is necessary for the Town of Marana. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF TOWN OF MARANA, ARIZONA, as follows: SECTION 1. The following Alternative Expenditure Limitation proposal shall be submitted to the voters of the Town of Marana at the General Election to be held on May 19, 2009. Shall the. following be adopted by the Town of Marana as an Alternative Expenditure Limitation: "The Mayor and Council of the Town of Marana shall annually, as part of the annual budget adoption process, adopt an alternative expenditure limitation equal to the total amount of budgeted expenditures/expenses as it appears on the annual budget as adopted by the. Council to apply to the Town of Marana for each of the four fiscal years immediately following adoption of the alternative expenditure limitation. The alternative expenditure limitation shall be adopted each year after a public hearing at which the citizens of the Town of Marana may comment on the proposed alternative limitation. No expenditures may be made in violation of such alternative expenditure limitation, nor may any proposed expenditures be in excess of estimated available revenues, except that the Mayor and Council may, by .three-fourths vote, declare an emergency and .suspend the alternative expenditure limitation. The suspension of .the alternative • expenditure limitation shall be in effect for only one fiscal year at a time." • SECTION 2. The Town Manager, Town Attorney, and Town Clerk are hereby directed and authorized to take such actions are necessary or desirable to comply with all applicable laws and regulations relating to or necessary for the May 19, 2009 general election, including without limitation any and all activities related to the preparation, printing and distribution of the publicity pamphlet and to the execution of contracts necessary for the same. SECTION 3. The Town Clerk is hereby authorized and directed to place in a public notice in the "Daily Territorial", notifying the public that arguments for and against the measure will be accepted by the Town Clerk no later than 5 P.M. on Wednesday, February 18, 2009. SECTION 4. The Town Clerk is hereby authorized and directed to charge an amount of money to offset a portion of the proportionate cost of the paper and printing of the arguments received for and against the referendum measure, as provided in A.R.S. § 19- 124(D). PASSED and ADOPTED by the Mayor anal Council of the Town of Marana, Arizona, this 6~' day of January, 2009. ATTEST: Mayor Ed Honea Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney • Regular Council Meeting -January 6, 2009 -Page 59 of 83 r~ ALTERNATIVE EXPENDITURE LIMITATION (Home Rule Option) SUMMARY ANALYSIS The voters of the Town of Marana in 1985 adopted an altemative expenditure limitation (Home Rule Option). The purpose of this election is for the continued use of the Home Rule Option. Pursuant to the Arizona State Constitution, the Town of Marana seeks voter approval to adopt a Home Rule Option to apply to the city/town for the next four years beginning in 2009-2010. Under a Home Rule Option if approved by the voters, the city/town estimates it will be allowed to expend approximately $149,929,592 in 2009-2010., $151,957.,938 in 2010-2011.., $154,454,365 in 2011-2012, and $157,346,860 in 2012-2013. With approval of the Home Rule Option, the city/town will utilize the expenditure authority for all local budgetary purposes including general government, public safety, highways and streets, development services, community development, parks and recreation, water utility, airport and capital improvements plan. Under the state-imposed limitation the Town of .Marana estimates it will be allowed to expend approximately $60,131,262 in 2009-2010, $62,388,981 in 2010-2011, $64,802,951 in 2011-2012, and $67,398,384 in 2012-2013 for the operation of your local government. These expenditure estimates include expenditures of constitutionally excludable revenues. The amount of revenue estimated to be available to fund the operation of The Town of Marana • govemment is $149,929,592 in 2009-2010, $151,957,938 in 2010-2011, $154,454,365 in 2011-2012, and $157,346,860 in 2012-2013. These revenue estimates are the same under the Home Rule Option or the state-imposed expenditure limitation. • Any and all dollar figures presented in this summary are estimates only and are based upon information available at the time of preparation of this analysis. The budget and actual expenditures in any of the four years may be more or less than the expenditures noted above depending on available revenue. If no alternative expenditure limitation is approved, the state-imposed expenditure limitation will apply to the Town of Marana. Regular Council Meeting -January 6, 2009 -Page 60 of 83 Page 1 of 2 ALTERNATIVE EXPENDITURE LIMITATION (Home Rule Option) SUMMARY ANALYSIS WORKSHEET POPULATION FACTOR COMPUTATION • • Prior Fiscal Year 1978 Population Fiscal Year Population / _ Population = Factor 2009-2010 39,011 1,425 27.3761 2010-2011 42,691 1,425 29.9586 2011-2012 46,169 1,425 32.3993 2012-2013 49,567 1,425 34.7839 STATE-IMPOSED EXPENDITURE LIMITATION Projected State- Total Imposed Expenditures 1979-80 Base Population Inflation Expenditure Estimated Under State- Fiscal Year Limit x Factor x Factor = Limitation + Exclusions = _Im~osed Limit _ 2009-2010 $ 202,239 27.3761 2.7298 $ 15,113,579 $ 45,017,683 $ 60,131,262 2010-2011 202,239 29.9586 2.7666 16,762,269 45,626,712 62,388,981 2011-2012 202,239 32.3993 2.8122 18,426,665 46,376,286 64,802,951 2012-2013 $ 202,239 34.7839 2.8649 $ 20,153,601 $ 47,244,783 $ 67,398,384 Regular Council Meeting -January 6, 2009 -Page 61 of 83 Page 2 of 2 • ALTERNATIVE EXPENDITURE LIMITATION (Home Rule Option) DETAILED ANALYSIS Pursuant to the Arizona State Constitution, passed on expenditure limitation {Home Rule Option) beginning in 2009-2010. the Town of Marana as authorized by Resolution # will seek voter approval to adopt an alternative to apply to the City/Town for the next four years Under a Home Rule Option if approved by the voters, the city/town estimates it will be allowed to expend approximately $149,929,592 in 2009-2010, $151,957,938 in 2010-2011, $154,454,365 in 2011-2012, and $157,346,860 in 2012-2013. With approval of the Home Rule Option, the city/town will utilize the expenditure authority for all local budgetary purposes including general government, public safety, highways and streets, development services, community development, parks and recreation, water utility, airport and capital improvements plan. We estimate that the expenditures for the next four years under the Home Rule Option will be as follows: ESTIMATED AMOUNTS TO BE EXPENDED IN SPECIFIC AREAS • Purpose 2009-2010 2010-2011 2011-2012 2012-2013 General Government $ 17,277,146 $ 17,510,883 $ 17,798.,559 $ 18,131,876 Public Safety 11,340,669 11,494,093 11,682,923 11,901,711 Highways and Streets 6,241,583 6,326,023 6,429,949 6,550,364 Economic and Community Develo ment 5,859,801 5,939,076 6,036,646 6,149,695 Parks and Recreation 4,122,440 4,178,211 4,246,852 4,326,384 Health and Welfare 304,971 309,097 314,175 320,059 Water Utility 3,043,882 3,085,062 3,135,745 3,194,469 Airport 341,070 345,684 351,363 357,943 Capital Improvement Plan 101,398,030 102,769,809 104,458,153 106,414,359 Total Expenditures $149,929,592 $151,957.,938 $154,454,365 $157,346,860 If approved, the expenditures authorized will be funded from revenues obtained from federal, state and local sources. It is estimated that the amount of revenue from each source for the next four years will be as follows: ESTIMATED AMOUNTS OF REVENUE FROM EACH AND ANY SOURCE Source 2009-2010 2010-2011 2011-2012 2012-2013 Federal $ 10,307,132 $ 10,446,574 $ 10,618,195 $ 10,817;044 State 89,918,484 91,134,960 92,632,162 94,366,902 Local 49,703,976 50,376,404 51,204,008 52,162,914 Total Revenues $149,929,592 $151,957,938 $154,454,365 $157,346,860 In determining the revenue sources to fund the authorized additional expenditures under the alternative expenditure limitation, it is assumed that the federal, state and local revenues received by the Town of Marana will continue to be available in 2009-2010 as they have for the past five years. Their continued availability is also assumed for the next three consecutive years following 2009-2010. Any and all dollar figures shown in this analysis are estimated figures only and are based upon information available at the time of preparation of this report. The budgets and actual • expenditures in any given year may be more or less than the figures noted above depending on available revenues. The actual expenditure limitation for each fiscal year shall be adopted as an integral part of the budget for that fiscal year. Regular Council Meeting -January 6, 2009 -Page 62 of 83 • ~~ r ~#'~~~~ ~o,~ ~,~. 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, January 6, 2009, 7:00:00 PM • r ~ J To: Mayor and Council From: Kevin Kish, AICP ,General Manager, Development Services Item A 2 Subject: Resolution No. 2009-004: Relating to Development; approving and authorizing the Mayor to execute a development agreement with Marana Mortuary & Cemetery Properties, L.L.C. Discussion: For several months, staff has been in discussions with representatives of Marana Mortuary & Cemetery concerning a possible development agreement for the development of a mortuary and cemetery at the northeast corner of Barnett Road and future Tangerine Farms Road. In July 2008 a Significant Land Use Change was approved for the development of the cemetery facilities. The owner/developer has submitted the necessary development plan and is moving through the development process. Attached for your consideration is a proposed development agreement, as prepared by Town staff. The key points are: 1. The Town shall allow continuous vehicular and utility access from Barnett Road to the property until vehicular and utility access is provided via Tangerine Farms Road. 2. Within 120 days of the effective date of this agreement, the owner/developer shall dedicate to the Town the easternmost 250 feet of property for the future construction of Tangerine Farms Road and associated improvements. 3. The owner/developer shall contribute $366,818 towards the construction of the future Tangerine Farms Road, to be paid in ten. equal annual payments. 4. Marana Mortuary & Cemetery will not be required to underground the Cortaro Marana Irrigation District channel located along the north side of Barnett Road and along the south side of the cemetery site. If the channel is required to be undergrounded, the Town will be responsible for those costs in connection with the Barnett Channel project. 5. Marana Mortuary & Cemetery must pay all fees applicable to the development of the project. Current fees include Town water infrastructure and water resources development impact fees, development fees and Santa Cruz levee fee (bank protection). The development of the cemetery will be in compliance with all applicable codes and ordinances. ATTACHMENTS: Name: Description: Type: ^ Resolution 200....9..- Q03 Cemeter~r DA doc Reso approving Cemetery CtA Resolution ^ Cem..e..tery DA (00008130- Exh A to Reso. Development Agreement Cover Memo Regular Council Meeting -January 6, 2009-Page 65 of 85 s~.~oe • O Legal Description Cemetery $ite.pdf ~ MARANA-MQRTUARY CONCEPT 12 0, BTc~df D Location Map,pdf Staff Recommendation: Exhibit A #o DA, Legal Description Exhibit B to DA, Cemetery Master Plan Location Map Exhibit Exhibit Backup Material Staff recommends adoption of Resolution No. 2009-004, approving and authorizing the Mayor to execute the Marana Mortuary & Cemetery development agreement. Suggested Motion: I move to adopt Resolution No. 2009-004. • • a Regular Council Meeting -January 6, 2009 -Page 66 of 85 MARANA RESOLUTION N0.2009-004 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A DEVELOPMENT AGREEMENT WITH MARANA MORTUARY & CEMETERY PROPERTIES, L.L.C. WHEREAS, staff has been in discussions with representatives of the Marana Mortuary & Cemetery Properties, L.L.C., concerning the development of a cemetery at the northwest corner of Barnett and the future Tangerine Farms Roads; and WHEREAS, the Mayor and Council find that the terms and .conditions of the Marana Mortuary & Cemetery Development Agreement are in the best interest of the Town. NOW, THEREFORE, BE TT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the development agreement between the Town of Marana and Marana Mortuary & Cemetery Properties, L.L.C., 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. BE IT FURTHERED RESOLVED that the Town's Manager and staff are hereby directed and authorized to undertake all other and future tasks required or beneficial to carry out the terms, obligations, and objectives of the aforementioned agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6~' day of January, 2009. Mayor Ed Honea ATTEST: .APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney • Marana Resolution No. 2009-004 • MARANA CEMETERY DEVELOPMENT AGREEMENT TOWN OF MARANA, ARIZONA This Development Agreement (this "Agreement") is entered into by and between the TowN OF MARANA, an Arizona municipal corporation .(the "Town") and MARANA MORTUARY & CEMETERY PROPERTIES, L.L.C., an Arizona limited liability company (the "Owner/Developer"). The Town and the Owner/Developer are collectively referred to in this Agreement as the "Parties," and each is sometimes individually referred to as a "Party." RECITALS A. The Owner/Developer owns a vacant parcel of property consisting of approximately 23.49 acres, located .immediately north of Barnett Road, with the future right-of--way of Tangerine Farms Road crossing the easternmost 250 feet of the parcel (the "Property"). B. The Owner/Developer intends and desires to develop a new cemetery and mortuary facility (the "Cemetery/Mortuary") on the Property. C. Establishing clearly defined expectations, rules and regulations is necessary to ensure that • the Parties' vision for the ultimate development of the Cemetery/Mortuary can be carried out as construction of the Cemetery/Morluary occurs in phases over the course of many years. D. The Property is located on property zoned "A" (Small Lot Zone), and has received the Town of Marana approval of a Significant Land Use Change, prior to the resolution approving and adopting this Agreement. E. The Property is legally described in Exhibit A attached to this Agreement. F. The Town and the Owner/Developer desire to establish certain agreements pursuant to A.R.S. § 9-500.05 to facilitate development of the Property by providing for, among other things, the conditions, terms, restrictions, and requirements for development and public infrastructure and the financing of public infrastructure. Ga The development of a Cemetery/Mortuary on the Property is in compliance with the Town's adopted and approved General Plan (as defined in A.R.S. § 9-461). AGREEMENT Now, THEREFORE, in consideration of the mutual promises made in this Agreement, the Parties agree as follows: Article 1. Background 1. L Incorporation of the Recitals. The foregoing Recitals are incorporated here by this reference. • {00008130.DOC / 6} 8/11/200811:23 AM MARANA CEMETERY DEVELOPMENT AGREEMENT Regular Council Meeting -January 6, 2009 -Page 66 of 83 _ 1 - • 1.2. Proposed Uses. The Cemetery/Mortuary consists of afull-service mortuary, crematorium and cemetery facility (which may include mausoleum and other burial facilities), with accessory chapel, flower shop, office and utility/storage uses. Exhibit B attached to this Agreement is a conceptual description of the master site plan for the Cemetery/Mortuary. Owner/Developer shall. be allowed to use those areas of land not immediately necessary for the Cemetery/Mortuary as described in the accepted Significant Land Use Change application that consist of uses such as open space commercial uses, such as a commercial nursery, tree farm, continuing the current agricultural use or other uses which maintain an open space character for the area. If a use not considered being of an open space character is proposed, it shall not limit the Owner/Developer from making separate application to the Town. for approval of such commercial use. 1.3. Definitions. The following definitions shall apply to this Agreement: 1.3.1. "Development Regulations" is defined in paragraph 2.1 below. 1.3.2. The "Property" is defined in Recital A above and described in Exhibit A attached to this Agreement. 1.3.3. "Public Improvement Costs" means all costs, expenses, fees and charges actually incurred and paid by or on behalf of Owner/Developer to contractors, architects, engineers, surveyors, governmental agencies, other professionals and consultants, and other third parties for materials, labor, planning, design, engineering, surveying, site excavation and preparation, governmental permits and payments, payment and performance bonds, other professional services, and all other costs and expenses related or incidental to and reasonably • necessary for, the acquisition, improvement, construction, installation, or provision of the Public Improvements, together with all costs associated with the acquisition of lands, rights- of-way and easements either to be dedicated to the Town or upon which Public Improvements are to be constructed, with Interest as provided in this Agreement. Article 2. Development of the Property. C 2.1. Development Reg_,ulations. The development of the Property shall be governed by (i) the Marana Land Development Code, including the written rules, regulations, substantive procedures, and policies relating to development of land, adopted or approved by the Mayor and Council (collectively the "Marana Development Code") in effect on the. effective date of this Agreement, (ii) the SLUC approval, anal (iii) this Agreement. In the event of any express conflict, the terms of this Marana Development Code shall control over the SLUC approval and this agreement. The requirements of this paragraph are collectively .referred to as the "Development Regulations." 2.2. Development Review. The Property shall be developed in a manner consistent with the Development Regulations and this Agreement, which together establish the basic land uses, and the densities, intensities and development regulations that apply to the land uses authorized for the Property. So long as the Owner/Developer does not change the cemetery use and permitted interim uses for a portion of the Property, the Town will not require a new approval. process for changes in the site plan. Upon the Owner/Developer's compliance with the applicable development review and approval procedures and substantive requirements of the Development Regulations, the Town agrees to issue such permits or approvals for the development of the Cemetery/Mortuary as may be requested by the Owner/Developer. {00008130.DOC / 6) 8/11/200811:23 AM MARANA CEMETERY DEVELOPMENT AGREEMENT Regular Council Meeting -January 6, 2009 -Page 67 of 83 _ 2 _ • 2.3. Temporary Access to Barnett Road. The Town shall allow continuous vehicular and utility access from Barnett Road to the Property until vehicular and utility access is provided via Tangerine Farms Road. The Town anticipates that a future drainage channel and linear park will be constructed in the current location of Barnett Road (the "Barnett Channel"), and that Barnett Road will be closed to public vehicular traffic and its right of way converted to Town real property. Consequently, the Town is not obligated to .allow vehicular or utility access from the Property to the current location of Barnett Road after Tangerine Farms Road is open to the public. The Owner/Developer shall design and construct the Initial Improvements so that in the future, when permanent vehicular access is provided to the east via the future Tangerine Farms Road, the temporary public vehicular access to Barnett can be terminated. Also the initial utility services will be designed and constructed for future access from Tangerine Farms Road. When the Tangerine Farms Road utility connection is made, the Town will pay for reconnection to the Cemetery/Mortuary. The Owner/Developer will construct their improvements to tie the future connection to Tangerine Farms Road to their property line. 2.4. Draina;?e. The current natural drainage of the Property is toward the northwest. The Owner/Developer shall design the on-site drainage so that the Property will either drain to the south, to the east via conveyances under Tangerine Farms Road, once Tangerine Farms Road is improved, or retained on-site. Upon completion of the Barnett Channel, the Town shall allow the Property to drain directly to the Barnett Channel. Until the Barnett Channel is completed, the Owner/Developer shall provide on-site drainage retention/detention on the Property in conformance with Northwest drainage requirements on an interim basis until such time as • Barnett Channel is available. 2.5. Alternate Development Plans. Nothing in this Agreement shall require the Owner/Developer to construct the Cemetery/Mortuary on the Property. The Owner/Developer shall give the Town written. notice of its decision not to pursue the Cemetery/Mortuary use on the Property. Upon receipt of the notice, the SLUC Approval shall be rescinded. Article 3. Owner/Developer's Contributions for Public Improvements 3.1. Tangerine Farms Road Right-of--Way Dedication. Within 120 days after the effective date of this Agreement, the Owner/Developer shall dedicate to the Town, free and clear of all liens and encumbrances, the easternmost 250 feet of the Property for the future construction of Tangerine Farms Road and associated improvements {Tangerine Farms Road). The dedication of the Right-of--Way by the Owner/Developer is conditioned on the Town's representation that the only use for the dedication is for the future construction of the Tangerine Farms Road. If any of the 250 foot dedicated right-of--way is not used for Tangerine Farms Road it shall. be returned to the Owner/Developer at no cost to them. 3.2. Tangerine Farms Road Fair-Share Construction Contribution. The Owner/Developer shall contribute $366,818 toward the construction of Tangerine Farms Road, payable in ten equal annual payments of $36,681.80, beginning on the third anniversary of the effective date of approval of development plan. No. DPR-08079, currently under review by the Town and continuing each anniversary thereafter until paid in full.. The amount shall be secured by a deed of trust upon the mortuary portion of the Property. The Town will reasonably subordinate the deed of trust to any acquisition or construction financing for the Property. The dedication of the Right-of--Way and payment of the $366,681.80. is the total obligation of Developer for the • {00008130.DOC / 6) 8/11/200811:23 AM MARANA CEMETERY DEVELOPMENT AGREEMENT Regular Council Meeting -January 6, 2009 -Page 68 of 83 _ 3 _ Tangerine Farms Road when constructed. This paragraph does not create an affirmative Town obligation to build Tangerine Farms Road. In the event that Tangerine Farms Road is removed from the Town of Marana Major Routes Plan all funds contributed pursuant to this paragraph shall be returned to the Owner/Developer. 3.3. Tan;erine Farms Road Construction Cooperation. The Town and the Owner/Developer shall cooperate in the construction of Tangerine Farms Road. The Town shall make every reasonable effort to maintain continuous public access to the Property during construction. The Owner/Developer shall grant reasonable slope and drainage easements and temporary construction easements as necessary for the construction of the Tangerine Farms Road. 3.4. Bank Protection. In compliance with Town Ordinance 99.02, the Developer shall pay $500.00 per acre of affected Property for bank protection. The total obligation of Developer for the Project is $11,745 ($500 x 23.49 affected acres). Full payment shall be made prior to issuance of a grading permit for any portion of the Property 3.5. Water Infrastructure. The Owner/Developer shall provide to the Utilities Director's satisfaction the necessary plans and models that provide the required water main extension for potable and non- potable water, water demand including fire protection modeling and the possibility of participating in storage, booster plant and well needs if the modeling shows the demand requires it. 3.6. CMID Channel. Any undergrounding or modification of the CMID channel that lies between the property and the future Barnett Channel shall occur at no cost to Marana Mortuary • & Cemetery Properties L.L.C,. This paragraph does not create an affirmative Town obligation to modify or underground the CMID channel. Article 4. Owner/Developer's Payment of Development Impaet Fees 4.1. Impact Fees. The Town development impact fees adopted by the Town pursuant to A.R.S. § 9-463.05 and currently applicable to the development of the Cemetery/Mortuary are the Gravity Storage and Renewable Water Resource Fee and the Water System Infrastructure Impact Fee, adopted by Marana Ordinance No. 2005.25 and the Wastewater System Development Impact Fee adopted by Marana Ordinance No. 2008.25. 4.2. Other Impact Fees. Except as specifically provided in Article 3 and paragraph 4.1 above, no surcharge, development fees or impact fees, exactions or impositions of any kind whatsoever for water, sewer, utilities, streets or other transportation systems, parks, preserves, storm sewers, public safety or other public services or any other infrastructure cost or expense shall be chargeable to the Owner/Developer or to any owner, lessee or occupant of the Development unless the use of the Property is altered and then only for a portion of the Property for which the use is changed. Article 5. Cooperation and Alternative Dispute Resolution. 5.1. Appointment of Representatives. To further the commitment of the Parties to cooperate in the progress of the development of the Cemetery/Morluary, the Town and the Owner/Developer each shall designate and appoint a representative to act as a liaison between the Town and its various departments and the Owner/Developer. The initial representative for the Town (the "Town Representative") shall be the General Manager -Development Services, and • {00008130.DOC / 6} 8/11/200811:23 AM MARANA CEMETERY DEVELOPMENT AGREEMENT Regular Council Meeting -January 6, 2009 -Page 69 of 83 _ 4 _ • the initial representative for the Owner/Developer shall be Jon Aries or a replacement to be selected by the Owner/Developer. The representatives shall be available at all reasonable times to discuss and review the performance of the Parties to this Agreement and the development of the Property. 5.2. Non-Performance; Remedies. If either Party does not perform under this Agreement (the "Non-Performing Parry") with respect to any of that Party's obligations under this Agreement, the other Party (the "Demanding Parry") shall be entitled to give written notice in the manner prescribed in paragraph 6.28 below to the Non-Performing Party, which notice shall state the nature of the non-performance claimed and make demand that such non-performance be corrected. The Non-Performing Party shall then have (i) twenty days from the date of the notice within which to correct the non-performance if it can reasonably be corrected by the payment of money, or (ii) thirty days from the date of the notice to cure the non-performance if action other than the payment of money is reasonably required, or if the non-monetary non-performance cannot reasonably be cured within thirty days, then such longer period as may be reasonably required, provided and so long as the cure is promptly commenced within thirty days and thereafter diligently prosecuted to completion. If any non-performance is not cured within the applicable time period set forth in this paragraph, then the Demanding Party shall be entitled to begin the mediation and arbitration proceedings set forth in this Article. The Parties agree that due to the size, nature and scope of the development of the Cemetery/Moriuary, and due to the fact that it may not be practical or possible to restore the Property to its condition prior to Owner/Developer's development and improvement work, once implementation of this Agreement has begun, money damages and remedies at law will likely be inadequate and that specific performance will likely be appropriate for the non-performance of a covenant contained in this Agreement. This paragraph shall not limit any contract or other rights, remedies, or causes of action that either Party may have at law or in equity. 5.3. Mediation. If there is a dispute under this Agreement which the Parties cannot resolve between themselves, the Parties agree that there shall be a forty-five day moratorium on arbitration during which time the Parties agree to attempt to settle the dispute by nonbinding mediation before commencement of arbitration. The mediation shall be held under the commercial mediation rules of the American Arbitration Association. The matter in dispute shall be .submitted to a mediator mutually selected by Owner/Developer and the Town. If the Parties cannot agree upon the selection of a mediator within seven days, then within three days thereafter the Town and the Owner/Developer shall request the presiding judge of the Superior Court in and for the County of Pima, State of Arizona, to appoint an independent mediator. The mediator selected shall have at Least five years' experience in mediating or arbitrating disputes relating to real estate development. The cost of any such mediation shall be divided equally between the Town and the Owner/Developer. The results of the mediation shall be nonbinding on the Parties, and any Parry shall be free to initiate arbitration after the moratorium. 5.4. Arbitration. After mediation, as provided for in this Article, any dispute, controversy, claim or cause of action arising out of or relating to this Agreement shall be settled by submission of the matter by both Parties to binding arbitration in accordance with the rules of the American Arbitration Association and the Arizona Uniform Arbitration Act, A.R.S. § 12-501 et seq., and judgment upon the award rendered by the arbitrator(s) may be entered in a court having jurisdiction. • {00008130.DOC / 6) 8/11/200811:23 AM MARANA CEMETERY DEVELOPMENT AGREEMENT Regular Council Meeting -January 6, 2009 -Page 70 of 83 _ 5 _ • Article 6. General Terms and Conditions. b. L Term. This Agreement shall become effective upon its execution by all the Parties and the effective date of the resolution or action of the Town Council approving this Agreement (the "Effective Date"). The term of this Agreement shall. begin on the Effective Date and, unless sooner terminated by the mutual consent of the Parties, shall automatically terminate and shall thereafter be void for all purposes, so long as all obligations of the parties have been performed, on the thirteenth anniversary of the Effective Date. If the Parties .determine that a longer period is necessary for any reason, the term of this Agreement may be extended by written agreement of the Parties. 6.2. Waiver. No delay in exercising any right or remedy shall constitute a waiver of that right or remedy, and no waiver by the Town or the Owner/Developer of the non-performance of any covenant of this Agreement shall be construed as a waiver of any preceding or succeeding breach of the same or any other covenant or condition of this Agreement. 6.3. Attorney's Fees. If any Party brings a lawsuit or arbitration proceeding against any other Party to enforce any of the terms, covenants or conditions of this Agreement, or by reason of any non-performance of this Agreement, the prevailing Party shall be paid all reasonable costs and reasonable attorneys' fees by the other Party, in an amount determined by the court or arbitrator and not by the jury. Nothing in the use of the word "lawsuit" in the preceding sentence shall constitute a waiver of paragraph 5.4 above, requiring disputes to be resolved by binding arbitration. 6.4. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterparts may be removed from the counterparts and attached to a single instrument so that the signatures of all Parties may be physically attached to a single document. 6.5. Headins. The descriptive headings of this Agreement are intended to be used to assist in interpreting the meaning and construction of the provisions of this Agreement. 6.6. Recitals. The recitals set forth at the beginning of this• Agreement are hereby acknowledged, confirmed to be accurate and incorporated here by reference. 6.7. Exhibits. Any exhibit attached to this Agreement shall be deemed to have been incorporated in this Agreement by reference with the same force and effect as if fully set forth in the body of this Agreement, 6.8. Further Acts. Each of the Parties shall execute and deliver all documents and perform all acts as reasonably necessary, from time to time, to carry out the matter contemplated by this Agreement. Without limiting the generality of the foregoing, the Town shall cooperate in good faith and process promptly any requests and applications for plat or permit approvals or revisions, and other necessary approvals relating to the development of the Cemetery/Mortuary. 6.9. Time Essence. Time is of the essence of each and every obligation by the Town and Owner/Developer under this Agreement. 6.10. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the Parties pursuant to A.R.S. § 9-500.05 (D). No assignment, • {00008130.DOC / 6) 8/11/200811:23 AM MARANA CEMETERY DEVELOPMENT AGREEMENT Regular Council Meeting -January 6, 2009 -Page 71 of 83 _ 6 _ • however, shall relieve either parry of its obligations under this Agreement, except that an assignment by Owner/Developer in connection with the transfer of title to the Property shall relieve Owner/Developer of its obligations under this Agreement if the transferee agrees to be fully bound by the provisions of this Agreement. Any assignment by OwnerNeveloper shall be subject to the approval of the Town, which shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, OwnerNeveloper may, without the Town's consent, assign this Agreement to any Affiliate of Owner/Developer, or any entity in which Owner/Developer or an Affiliate of Owner/Developer is a managing member or managing partner or any entity in which MARANA MORTUARY & CEMETERY PROPERTIES, LLC are owners. As used in this paragraph, the term "Affiliate" means any entity under common control with Owner/Developer. 6.1.1. Lender Provisions. Notwithstanding paragraph 6.10 above, the Town is aware that financing for development, construction, and operation of the Cemetery/Mortuary may be provided, in whole or in part, from time to time, by one or more third parties (collectively, "Lender"), and that Lender may request a collateral assignment of this Agreement as part of its collateral for its loan to Owner/Developer. The Town agrees that such collateral assignments are permissible without the consent of the Town. In the event of non-performance by Owner/Developer, the Town shall provide notice of non-performance to any Lender previously identified in writing to the Town at the same time notice is provided to Owner/Developer. If a Lender is permitted under the terms of its agreement with Owner/Developer to cure the non- performance and/or to assume Owner/Developer's position with respect to this Agreement, the Town agrees to recognize the rights of Lender and to otherwise permit Lender to assume such. • rights and obligations of Owner/Developer under this Agreement. Nothing contained in this Agreement shall be deemed to prohibit, restrict, or limit in .any way the right of a Lender to take title to all or any portion of the Property, pursuant to a foreclosure proceeding, trustee's sale, or deed in lieu of foreclosure. The Town shall, at any time upon request by Owner/Developer or Lender, provide to any Lender an estoppel certificate, acknowledgement of collateral assignment, or other document evidencing that this Agreement is in full force and effect, that it has not been amended or modified (or, if appropriate, specifying the amendment or modification), and that no non-performance by Owner/Developer exists under this Agreement (or, if appropriate, specifying the nature and duration of any existing non-performance) and certifying to such other matters reasonably requested by Owner/Developer or Lender. Upon request by a Lender, the Town will enter into a separate assumption or similar agreement with the Lender consistent with the provisions of this paragraph. • 6.12. No Partnership. It is not intended by this Agreement to, and nothing contained in this Agreement shall., create any partnership, joint venture or other arrangement between the Owner/Developer and the Town. 6.13. Third Party Beneficiaries. No term or provision of this Agreement is intended to, or shall be for the benefit of any person, firm, organization or corporation not a party to this Agreement, and no such other person, firm, organization or corporation shall have any right or cause of action under this Agreement. This Agreement is made and entered into for the sole protection and benefit of the Parties and their permitted assigns, and no person other than the Parties and their permitted assigns shall have any right of action based upon any provision of this Agreement. {00008130.DOC / 6} 8/11/200811:23 AM MARANA CEMETERY DEVELOPMENT AGREEMENT Regular Council Meeting -January 6, 2009 -Page 72 of 83 _ 7 _ 6.14. Other Instruments. Each Party shall, promptly upon the request of the other, have acknowledged and delivered to the other any and all further instruments and assurances reasonably request or appropriate to evidence or give effect to the provisions of this Agreement. 6.15. Imposition of Duty by Law. This Agreement does not relieve any Parry of any obligation or responsibility imposed upon it by law. 6..16. Entire Agreement. This Agreement, including the attached exhibits, constitutes the entire agreement between the Parties pertaining to the subject matter of this Agreement. All prior and contemporaneous agreements, representation and understanding of the Parties, oral or written, are hereby superseded and merged in this Agreement. 6.17. Amendments. No change or addition shall be made to this Agreement except by a written amendment executed by the Parties. The Parties agree to cooperate and in good faith pursue any amendments to this Agreement that are reasonably necessary to accomplish the goals expressed in this Agreement. Within ten days after any amendment to this Agreement, it shall be recorded in the office of the Pima County Recorder by and at the expense of the Party requesting the amendment. 6.18. Names and Plans. Subject to customary reservations by the architects and other design professionals of copyrights to plans and specifications, the Owner/Developer shall be the sole owner of all names, titles, plans, drawings, specifications, ideas, programs, ideas, designs, and work products of every nature at any time developed, formulated or prepared by or at the instance of the Owner/Developer in connection with the Property or any plans; provided, • however, that in connection with arty conveyance of portions of the infrastructure as provided in this Agreement such rights pertaining to the portions of the infrastructure so conveyed shall be assigned to the extent that such rights are assignable, to the appropriate governmental authority. 6.19. Good Standing; Authority. The Owner/Developer represents and warrants to the Town that it is duly formed and validly existing under the laws of the state of Arizona. The Town represents and warrants to the Owner/Developer that it is an Arizona municipal corporation with authority to enter into this Agreement under applicable state laws. Each Party represents and warrants that the individual executing this Agreement on its behalf is authorized and empowered to bind the Party on whose behalf each such individual is signing. 6.20. Severability. If any provision of this Agreement is declared illegal., invalid or unenforceable, in whole or in part, under present or future laws, it shall be severed from the remainder of this Agreement, which shall otherwise remain in full force and effect. In lieu of the illegal., invalid or unenforceable provision, there shall be added automatically as part of this Agreement a provision as similar in terms to the illegal, invalid, or unenforceable provisions as may be possible and still be legal, valid, and enforceable, and this Agreement shall be deemed reformed accordingly. 6.21. Governing Law. This Agreement is entered into in Arizona and shall be construed and interpreted under the laws of Arizona, and the Parties agree that any litigation or arbitration shall take place in Pima County, Arizona. Nothing in the use of the word "litigation" in the preceding sentence shall constitute a waiver of paragraph 5.4 above, requiring disputes to be resolved by binding arbitration. • {00008130.DOC / 6} 8/11/200811:23 AM MARANA CEMETERY DEVELOPMENT AGREEMENT Regular Council Meeting -January 6, 2009 -Page 73 of 83 _ 8 _ • 6.22. Interpretation. This Agreement has been negotiated by the Town and the Owner/Developer, and no Parry shall be deemed to have drafted this Agreement for purposes of construing any portion of this Agreement for or against any Parry. 6.23. Recordation. The Town shall record this Agreement in its entirety in the office of the Pima County Recorder no later than ten days after it has been executed by the Town and the Owner/Developer. -6.24. No Owner/Developer Representations. Nothing contained in this Agreement shall be deemed to obligate the Town or the Owner/Developer to commence or complete any part or all of the development of the Property. 6.25. Approval If any Party is required pursuant to this Agreement to give its prior written approval, consent or permission, such approval, consent or permission shall not be unreasonably withheld or delayed. 6.26. Force Majeure. If any Parry shall be unable to observe or perform any covenant or condition of this Agreement by reason of "force majeure," then the failure to observe or perform such covenant or condition shall not constitute an event of non-performance under this Agreement so long as such Party shall use its commercially reasonable efforts to remedy with all reasonable dispatch the event or condition causing such inability and such event or condition can be cured within a reasonable amount of time. "Force majeure" as used in this paragraph means any condition or event not reasonably within the control of such Parry, including without limitation, ``acts of God," strikes, lock-outs, or other disturbances of employer/employee • relations; acts of public enemies; orders or restraints of any kind of government of the United States or any state or subdivision thereof or any of their departments, agencies, or officials, or of any civil or military authority; insurrection; civil disturbances; riots; epidemics; landslides; lightning; earthquakes; subsidence; fires; hurricanes; storms; droughts; floods; arrests, restraints of government and of people; explosions; and partial or entire failure of utilities. Failure to settle strikes, lock-outs and other disturbances of employer/employee relations or to settle legal or administrative proceedings by acceding to the demands of the opposing party or parties, in either case when such course is, in the judgment of such Party, unfavorable to a Party shall not constitute failure to use its best efforts to remedy such a condition. 6.27. Conflict of Interest. This Agreement is subject to A.R.S. § 38-511, which provides for cancellation of contracts in certain instances involving conflicts of interest. 6.28. Notices and Filin;;s. All notices, filings, consents, approvals and other communications provided for in or given in connection with this Agreement shall be validly given, filed, made, transmitted or served if in writing and delivered personally, sent via overnight national courier, or sent by registered or certified United States mail, postage prepaid, if to (or to such other addresses as any Party may from time to time designate in writing and deliver in a like manner): To the Town: Town Manager TOWN OF MARANA Marana Municipal Complex 11555 West Civic Center Drive, A3 Marana, Arizona 85653 {00008130.DOC / 6} 8/11/200811:23 AM MARANA CEMETERY DEVELOPMENT AGREEMENT Regular Council Meeting -January 6, 2009 -Page 74 of 83 _ 9 _ • To the Owner/Developer: Marana Mortuary & Cemetery Properties, LLC c/o Terramar Properties 2200 EAST RIVER ROAD, Su1TE 105 Tucson, AZ 8571.8 with a copy to: SWAN MANAGEMENT LLC 8261 East Cholla Drive Tucson, AZ 85718 [Remainder of page intentionally left blank.] • {00008130.DOC / 6) MARANA CEMETERY DEVELOPMENT AGREEMENT s/11/zoos 11:23 AM Regular Council Meeting -January 6, 2009 -Page 75 of 83 _ 10 _ • IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date set forth below their respective signatures. TOWN: OWNER/DEVELOPER: THE TOWN OF MARANA, an Arizona municipal corporation By: Ed Honea, Mayor Date: ATTEST: Jocelyn C. Bronson, Clerk APPROVED AS TO FORM: • Frank Cassidy, Town. Attorney STATE OF ARIZONA SS County of Pima ) MARANA MORTUARY & CEMETERY PROPERTIES, L.L.C., an Arizona limited liability company PAHLMEYER. L.L.C., an Arizona limited liability company, its manager By: Robert A. Morken III, its administrative member Date: The foregoing instrument was acknowledged before me on by Robert A. Morken III, administrative member of PAHLMEYER, L.L.C., an Arizona limited liability. company, the manager of MARANA MORTUARY & CEMETERY PROPERTIES, L.L.C., an Arizona limited liability company, on behalf of the LLC. My commission expires: Notary Public {00008130.DOC / 6} MARANA CEMETERY DEVELOPMENT AGREEMENT 8/11/200811:23 AM Regular Council Meeting -January 6, 2009 -Page 76 of 83 _ 11 _ :7 LIST OF EXHIBITS A. Legal description of the Property B_ Conceptual description of the master site plan for the Cemetery/Mortuary • • {00008130.DOC / 6} 12/18/20078:47 PM MARANA CEMETERY DEVELOPMENT AGREEMENT Regular Council Meeting -January 6, 2009 -Page 77 of 83 EXHIBIT A • Exx~IT A Legal description of the Property • {00008130.DOC / 6} 12/ 18/2007 8:47 PM MARANA CEMETERY DEVELOPMENT AGREEMENT Regular Council Meeting -January 6, 2009 -Page 78 of 83 EXHIBIT A • Exxisrr B Conceptual description of the master site plan for the Cemetery/Mortuary • • {00008130.DOC / 6} 12/ 18/2007 8:47 PM MARANA CEMETERY DEVELOPMENT AGREEMENT Regular Council Meeting -January 6, 2009 -Page 79 of 83 EXHIBIT B EXHIBIT "A" ALL THAT PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 2$, TOWNSHIP 11 SOUTH, RANGE 11 EAST, OF THE GILA AND SALT RIVER BASE AND MERIDIAN, PIMA COUNTY, ARIZONA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER SECTION CORNER OF SAID SECTION 28; THENCE NORTH 89 DEGREES 50 MINUTES 16 SECONDS EAST, ALONG THE CENTER SECTION LINE, A DISTANCE OF 334.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 00 DEGREES 03 MINUTES 08 SECONDS WEST, AND PARALLEL WITH THE NORTH CENTER SECTION LINE, A DISTANCE OF 1316.33 FEET TO A POINT; THENCE NORTH 89 DEGREES S2 MINUTES 10 SECONDS EAST, A DISTANCE OF '792.£10 FEET TO A POINT; • THENCE SOUTH 00 DEGREES 03 MINUTES 08 SECONDS EAST, A DISTANCE OF 1315.89 FEET TO A POINT; THENCE SOUTH 89 DEGREES SO MINUTES 16 SECONDS WEST, A DISTANCE OF 792.00 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THE SOUTH 2S FEET THEREOF, • Regular Council Meeting -January 6, 2009 -Page 80 of 83 • • t ~' i i ~i i 2 ~ o~ Q ~. c~/~O¢ Q ~ ~ Q Z V Q V ~ 2 o V ~ o~ m @g W gOW z ~o ~~ m~ ~m -: ~O .c 9 a W ~ ~ $ BARNE7'T ROAD ~~ o s z w ~ ~~v~iaz U K vNVavw do wawa. ~u ai a~.r~ima ~ of ~asz ., .~ _. _ ,,. -.-~ _° 0 ~. ~ ' ~ , ~GLL m0 r F ~_ '~ ,i J _~ 1W~o~r Z i ? ~QC ~~y LLm~ LLm0 ' "', V' 'y I ,, ~, ~ . •~ ,_` 9 ----. m ..----_-- _--- r LL -- , ", ~, -,L__ ~, ~ ~ ; ,~ ,; ~ ' ~''' i _ ~ -- --~ ~~ 5 m ~ ~ ~- ~,~~, ~~ _.. ., ~` :1 i j t ~ ~ / ,'~ 1, W~ ~ m ~ ~ .QT~~ ` ,l ~ 1 ~~ ~ ~~ ~~ I l ;. °~~ LL~p IL ---- -- --- -- -- --- - _ __ ..I~-- ___ ~_ ---- _ --_____ --- - • • • ~q ., ~,f~~~. Marana Mortuary and Cemetery Location Map ,~ ; ~ ~ ~r l s CT ~N GRIER RD ! F Z Q t~ 2 O ~ ~ O. D' Q~ ~ Z p Z Q~ ~ Z' ~ Marana Mortuary and Cemetery ~~ScWA C I O, _~__ C' 4RhETT.RD VV B , _.-.-- - ------------ - - I ~ -- ~ F- VJ GIR~iS1'+~N,~~ '~ 1 G U pR TIC - ,~ . _\N CHARIST,AA z RegUeSt o aso soon. ~ Approval of the Marana Mortuary and Cemetery Development Agreement 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 Yo time, money or goodwill, arising from the 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, January 6, 2009, 7:00:00 PM To: Mayor and Council From: Steve Huffinan Item D 1 Subject: Legislative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature Discussion: This item is scheduled for each regular council meeting in order to provide an opportunity to discuss any legislative item that might arise during the current session of the State Legislature. Periodically, an oral report may be given to supplement the Legislative Bulletins. ATTACHMENTS: • Name: Description.: Type: No Attachments Available Staff Recommendation: Upon the request of Council, staff will be pleased to provide recommendations on specific legislative issues. Suggested Motion: Mayor and Council's pleasure. • Regular Council Meeting -January 6, 2009 -Page 83 of 83