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HomeMy WebLinkAbout10/14/2008 Special Council Meeting Agenda Packet~--"~~ ~~~ ~~ icY1~%aT~ MR~K4 Amended 10/09/2008 at 11:52 AM -SPECIAL COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, October 14, 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 ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Revisions to the agenda. can occur up to 24 hours prior to the meeting. Revised agenda items appear in italics. As a courtesy to others, please turn off or put in silent mode all pagers and cell_phones. Meeting Times Welcome to this Marana Council meeting. Regular Council meetings are usually held the first and third Tuesday of each month at 7:00 p.m. at the Marana Town Hall, although the date or time may change, or Special Meetings may be called at other times and/or places. Contact Town Hall or watch for posted agendas for other meetings. This agenda may be revised up to 24 hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda. Speaking at Meetings If you are interested in speaking to the Council during Call to the Public, Public Hearings, or other agenda items, you must fill out a speaker card (located in the lobby outside the Council Chambers) and deliver it to the Town Clerk prior to the convening of the meeting. All persons attending the Council meeting, whether speaking to the Council or not, are expected to observe the Council Rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting. and will not be allowed to return. Accessibility To better serve the citizens of Marana and others attending our meetings., the Council Chambers are wheelchair and handicapped accessible. Any person who, by reason of any disability, is in need of special services as a result of their disability, such as assistive listening devices, agenda materials printed in Braille or large print, a signer for the hearing impaired, etc., will be accommodated. Such Special Council Meeting -October 14, 2008 -Page 1 of 46 special services are available upon prior request to the Town Clerk at least 10 working days prior to the Council meeting. Agendas Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online at wwwmarana,c_om, 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, October 13, 2008, 6:00 PM, at the Marana Municipal Complex, the Marana Operations Center and at www.marana.com under Town Clerk, Agendas, Minutes and Ordinances. REGULAR MEETING CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE APPROVAL OF AGENDA CALL TO THE PUBLIC At this time any member of the public is allowed to address the Town Council on any issue not already on tonight's agenda. The speaker may have up to three minutes to speak. Any persons wishing to address the Council must complete a speaker card located outside the Council Chambers and deliver it to the Town Clerk prior to the commencement of the meeting. Pursuant to the Arizona Open Meeting Law, at the conclusion of Call to the Public, individual members of the council may respond to criticism made by those who have addressed the Council, may ask staff to review the matter, or may ask that the matter be placed on a future agenda. PRESENTATIONS P 1: Presentation: Relating to Solid Waste Management (Gilbert Davidson) P 2: Presentation: Relating to Economic Development Efforts in Marana (Gilbert Davidson) P 3: Presentation: Relating to Development of the Marana Main Street and Aaded Late Downtown Marana Infrastructure, including Public Infrastructure Financing Options (Kevin Kish) ANNOUNCEMENTS/UPDATES PROCLAMATIONS 2008 Arizona Cities and Towns Week MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Special Council Meeting -October 14, 2008 -Page 2 of 46 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. C 1: Resolution No. 2008-128: Relating to Utilities; Approving and authorizing the Mayor to execute an agreement between the Town of Marana and Desert Son Community Church of Tucson, Arizona for construction of water facilities (Brad DeSpain) C 2: Resolution No. 2008-129: Relating to Utilities; Approving and authorizing the execution of the Intergovernmental Agreement between Metropolitan Domestic Water Improvement District, Flowing Wells Irrigation District, the Town of Marana, and the Town of Oro Valley for Northwest Water Providers Central Arizona Project water system route analysis and additional future studies. (Brad DeSpain) COUNCIL ACTION A 1: Resolution No. 2008-130:_Relating to the Police Department; Approving and authorizing the Mayor to execute an Amendment to the Memorandum of Understanding between the Town of Marana and the Marana Police Officers' Assocation; and declaring an emergency. (Deb Thalasitis) BOARDS, COMMISSIONS AND COMMITTEES B 1: Resolution No. 2008-131: Relating to Boards, Commissions and Committees; appointments to the Planning Commission. (Kevin Kish, AICP) ITEMS FOR DISCUSSION/POSSIBLE ACTION EXECUTIVE SESSIONS E 1: Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. E 2: Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), discussion or consultation for legal advice with the Town's attorneys and discussion and to consider its position and instruct the Town Manager and staff concerning (1) the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008-001131, (2) pending legal issues, settlement discussions and contract negotiations relating to the transition of Marana wastewater collection and treatment to the Town of Marana E 3: Executive session pursuant to A.R.S. § 38-431.03 (A)(1) for discussion about Added Late Special Council Meeting -October 14, 2008 -Page 3 of 46 and interviews of prospective Planning Commission member candidates. FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion of what items to place on the agenda, if three or more council members request an item to be placed on the agenda, it must be placed upon the agenda for the second regular town council meeting after the date of the request (Marana Town Code, Title 2, Chapter 2-4, Section 2-4-2 B) ADJOURNMENT Special Council Meeting -October 14, 2008 -Page 4 of 46 ~~ ~~~~ ~~~ a, ..:R~~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, October 14, 2008, 6:00:00 PM To: Mayor and Council Item P 1 From: Gilbert Davidson ,Town Manager Subject: .Presentation: Relating to Solid Waste Management Discussion: In June 2008, Pima County announced that it intends to close the Tangerine Landfill, at 10220 W. Tangerine Road, some time between January and June of 2009. This impending closure presents significant policy questions for the Mayor and Council to consider related to impacts on the community, including how and where solid waste will be transported for residents of Marana. Since June, staff have worked diligently to gather the facts surrounding the closure of the Tangerine Landfill and other potential options for solid waste management in Marana. In August 2008, staff toured a landfill site in Pinal County to learn more about landfill planning and management and in September 2008 met with Pima County Department of Environmental Quality officials to discuss the Tangerine Landfill closure plan. Staff representing several departments will make a PowerPoint presentation to discuss the present state of solid waste management in Marana as well as options for the future following the closure of the Tangerine Landfill to the public in 2009. ATTACHMENTS: Name: Description: Type: No Attachments Available Staff Recommendation: Staff requests that Mayor and Council provide direction on a number of policy issues relating to solid waste management. Suggested Motion: Special Council Meeting -October 14, 2008 -Page 5 of 46 AA~ H ~v~ ,~ ~ .... 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, October 14, 2008, 6:00:00 PM To: Mayor and Council Item P 2 From: Gilbert Davidson ,Town Manager Subject: Presentation: Relating to Economic Development Efforts in Marana Discussion: .Town staff will make a presentation about the current status for the Town of Marana's economic development efforts and options for moving forward. The presentation will address staffing options and the relationship of economic development of the Town's Strategic Planning process currently underway by the Town Council. Staff will specifically discuss the need for the creation of an economic development road map, or plan to identify areas focus for creating jobs, attracting/retaining businesses and providing sustainable economic opportunities for residents. The elements of such a plan may include the identification of specific industries on which the Town should focus its business recruitment efforts, the identification of key infrastructure corridors (current and future) in the Town that align with the Town's General Plan, and a strategy. for carrying out economic development activities. Copies of the PowerPoint presentation to be used by staff during this item will be made available to Mayor and Council before the start of the Council meeting. ATTACHMENTS: Name: Description: Type: No Attachments Available Staff Recommendation: Staff is seeking Council direction following the presentation. Suggested Motion: Council's pleasure. Special Council Meeting -October 14, 2008 -Page 6 of 46 ~~~~~ '~.~ {(IA`ly 2}s ~{i Ri~k4 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, October 14, 2008, 6:00:00 PM To: Mayor and Council Item P 3 From: Kevin Kish ,Planning Director Subject: Presentation: Relating to Development of the Marana Main Street and Downtown Marana Infrastructure, including Public Infrastructure Financing Options Discussion: Town staff will make a presentation about the current status of the development around Marana Main Street including discussions regarding public infrastructure financing options. Marana Main Street and downtown Marana is intended to be a focal point of public and private commerce surrounded by medium and high density residential neighborhoods with strategically located community facilities. Pedestrian oriented circulation patterns will be an important aspect of every development in this area. Schools, retail shops, offices and employment centers as well as multiple recreational areas and a variety of other services and facilities will round out Downtown Marana. Resolution 2007-163 approved and authorized to further detail the proposed alignment of Marana Main Street north of Grier Road in order to provide a gateway into the Downtown (while providing a safe street network in the vicinity of Marana Road, Sandario Road, and the Marana interchange with Interstate 10). The Town of Marana recognizes a need for coordinated public/private action to encourage community reinvestment. These investments may include development of vital infrastructure (roads and utilities), retail and entertainment uses such as restaurants and stores, improved transportation/circulation links, hotel and meeting spaces and conference facilities. Marana staff has held group meetings with downtown stakeholders who have developments in review or who are anticipated to seek development approval over the next severaLyears, to determine their willingness to participate in a downtown infrastructure improvement district or some other public financing option. Some stakeholders have expressed support for the concept-- especially those whose conditions of rezoning require the contribution of substantial public infrastructure and those who plan to move forward with construction in the short term. Letters of support from two of the stakeholders are included in the agenda materials. To get a better idea of each individual stakeholder's level of interest and commitment, the Town hired local civil engineer and development facilitator Tim Ensign to meet individually with them and provide summaries of their feedback. The three proposed projects closest to actual development -- Chris Monson's Main Street project, Diversified's Wal-Mart project, and Cardon's Uptown project -- show the highest level of interest to move forward with at least some level of improvement district-funded public improvement project in the short term. The two projects that have already constructed substantial public infrastructure in the downtown area -- Greg Wexler's Marana Special Council Meeting -October 14, 2008 -Page 7 of 46 Downtown project and Bob Zammit's San Lucas project -- show no interest in participating in a downtown improvement district, but support the concept. Meritage Homes (Sanders Grove) and Susan Ong (Marana Gateway) appear to be taking more of a "wait and see" approach, concerned about taking on an immediate financial burden at this difficult and uncertain economic time. The downtown stakeholders have expressed the anticipation that any public financing option for the construction of downtown public infrastructure will include some level of contribution from the Town of Marana. Existing businesses, the Marana Municipal Complex, and background traffic. impacts account for some portion of the impacts that will be addressed by the public improvements. Town staff and downtown stakeholders seek the Council's feedback, interest, and level of support for moving forward with a downtown improvement district or other public infrastructure financing option in the short term. ATTACHMENTS: Name: Description: Type: ~ Ltrof_Suppo..rt-. Executed.pdf Letter of Support Backup Material ~ CTW Retail_Partners,pdf Letter of Support Backup Material Staff Recommendation: Suggested Motion: Special Council Meeting -October 14, 2008 -Page 8 of 46 ~ _ °" ~E'ts ~ . august 22, 2008 Dear Mayor and Council; J~ Companies and the Cardon Group together own 208 acres off Marana and Sandario Roads knownas Uptown Marana. Together our respective firms have developed thousands of acres of property in multiple communities and states. Our plans for the property are to develop half of the parcel as retail and the other half residential. As you know, this area lacks adequate infrastructure to support the development that is planned, a characteristic common among fas#-growing areas. A mistake many communities make is to rely on the first protect that wants to go in to an underdeveloped area to front the costs of the necessary infrastructure Given the magnitude of costs associated with the new required infrastructure, one project alone simply cannot afford to bear the typical initial cast, even though there may be a later reimbursement from other benefited properties in the future.. This method of development makes it financially prohibitive to develop and leads. to the stagnation of many communities that. are poised far growth. 'Town staff is proposing the creation of an Improvement District (ID}far the area at our intersection in order to develop the requisite infrastructure. The ID would spread the costs of the infrastructure across many benefited properties and allow far the engineering and construction of that infrastructure to be advanced by several years. This approach shows... creativity and experience and is one which we wholeheartedly support. This manner of financing and infrastructure development will allow for the area and the community to capitalize on the next market upturn and do so in a much more equitable and realistic manner. Without such a solution, it is not likely that development will occur anyfime soon, With an 1D in place you will give Marana the tools it needs to take advantage of the next wave of growth without burdening the existing taxpayers. Mayor and Members of the Council, we strongly urge you to support the creation of this Improvement District.. Special Coll=~Q~t~ o~~?.~~,~?Q~y" P4~e. ~,of,4,~ ~ ;,. ,i,~ <,72Q North S<:attsdatc~ Rc7.id, Suite 250 ScoPtxiale, 1/. 3.,25;3 vlce t~reslaent ,JF Companies a - Retail Partners, LLC September 10, 2008 Mayor and Council Town of Marana Marana Municipal Complex 11555 W. Civic Center Drive Marana, AZ 85653 Dear Mr. Mayor and Council, The project "Marar-a Mercantile" is interested in the prospect of a Downtown Improvement District. We support the Town in moving forward with this concept and we would like to explore the possibility of being a participant in this process. Please feel free to contact meat 480-383-8179 regarding this issue. Sincerely yours, Elizabeth Gaston 5635 N Scottsdale Road Suite i5o Special Council Meeting -October 14, 2008 -Page 10 of 46 Scottsdale. AZ 8y2so-sq~~ I.ea~ue +~f ,4r~bona ~ttl('S ~~ "T(~~TT1 Proclamation WHEREAS, the citizens of Marana rely on local government to experience a high quality of life in our community; and WHEREAS, local governments around the state of Arizona work 24 hours a day, seven days a week to deliver health and safety services to maintain safe communities; and WHEREAS, the methods of funding these vital services are not always clearly understood by citizens; and WHEREAS, it is one of the responsibilities of town officials to ensure that legislators, media and citizens understand their local government through open and frequent communication using various avenues and means; and WHEREAS, it is important to work to encourage this connection and inform citizens of the importance of state shared revenues in order to preserve the excellent delivery of services that our citizens have come to expect in our town; and WHEREAS, through education .and awareness, citizens, community leaders and town staff can work together to ensure that services provided by Marana can remain exceptional elements of the quality of life of our community NOW, THEREFORE, the Mayor and Council of the Town of Marana join the League of Arizona Cities and Towns and other municipalities across the state of Arizona in declaring October 12-18, 2008 Arizona Cities and Towns Week Dated this 14th day of October, 2008. ATTEST: Jocelyn C. Bronson, Town Clerk Ed Honea, Mayor Special Council Meeting -October 14, 2008 -Page 11 of 46 ~„~"'t~ """"~ ~~~~ ~~ a~. ma ~.,,x~. 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, October 14, 200$, 6:00:00 PM To: Mayor and Council Item C 1 From: Brad DeSpain ,Utilities Director Subject: Resolution No. 2008-128: Relating to Utilities; Approving and authorizing the Mayor to execute an agreement between the Town of Marana and Desert Son Community Church of Tucson, Arizona for construction of water facilities Discussion: Desert Son Community Church desires to install on-site water facilities to provide fire protection to their property. Pursuant to an agreement between the Town of Marana and Desert Son Community Church, the Church will construct the on-site water facilities and provide aone-year warranty for the four-inch (4") water main they will be connecting into. The Town will then provide water service to the fire sprinklers for the Church. Financial Impact: None ATTACHMENTS: Name: Description: Type: D Desert__S_on_WSA._Res_o_ (00011185).DOG Desert Son WSA Reso Resolution ~ Desert Son.. WSA j000111.88~.DQC Desert Son Water Service Agreement Exhibit Staff Recommendation: Staff recommend approval of the Town of Marana agreement for construction of water facilities under private contract with Desert Son Community Church. , Commission Recommendation - if applicable: The Utilities Citizen Advisory Commission recommend approval of the Town of Marana agreement for construction of water facilities under private contract with Desert Son Community Church. Suggested Motion: I move to adopt Resolution No. 2008-128. Special Council Meeting -October 14, 2008 -Page 12 of 46 MARANA RESOLUTION NO. 2008-128 RELATING TO UTILITIES; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE TOWN OF MARANA AND DESERT SON COMMUNITY CHURCH OF TUCSON, ARIZONA FOR CONSTRUCTION OF WATER FACILITIES WHEREAS Desert Son Community Church of Tucson, Arizona desires to installed on-site water facilities to provide fire protection to a new building at the Church and to warranty the 4" water main they are connecting to for one year; and WHEREAS Marana is willing to provide water service to the Church's new building in accordance with Chapter 14 of the Marana Town Code and in accordance with the terms of the Agreement being approved by this resolution; and WHEREAS the Mayor and Council find that the terms and conditions of the Agreement are in the best interest of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Agreement for Construction of Water Facilities Under Private Contract between the Town of Marana and Desert Son Community Church of Tucson, Arizona 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 ofthe Town of Marana. BE IT FURTHER RESOLVED that the Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the Agreement. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 14t" day of October 2008. ATTEST: Jocelyn C. Bronson, Town Clerk Ed Honea, Mayor APPROVED AS TO FORM: Frank Cassidy, Town Attorney Speci~l~8~~l~tir~~ -October 14, 2008 -Page 13 of 46 10/6/2008 10:46 AM TOWN OF MARANA AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE CONTRACT THIS AGREEMENT (this "Agreement") is entered into by and between the TOWN OF MARANA, an Arizona municipal corporation (the "Town"), and DESERT SON COMMUNITY CHURCH OF TUC- soN, ARIZONA, an Arizona non-profit corporation (the "Applicant"). The Town and the Applicant are sometimes collectively referred to as the "Parties," each of which is sometimes individually re- ferred to as a "Party." RECITALS A. This Agreement is entered into and authorized pursuant to Title 14 of the Marana Town Code as it may be amended from time to time (the "Marana Municipal Water Code"). B. The Applicant desires for the Town to provide water service to the land referred to in this Agreement as the "Subject Property," being an approximately 3.87 acre parcel of land lo- cated at 5250 West Cortaro Farms Road (Pima County Assessor's Parcel No. 221-14-018A) and consisting of the south half of the southeast quarter of the southwest quarter of the northwest quarter of Section 25, Township 12 South, Range 12 East, Gila and Salt River Base and Merid- ian, Marana, Pima County, Arizona (except that portion lying within the public right-of--way of Cortaro Farms Road). C. To secure water service from the Town for the Subject Property, the Applicant pro- poses to install those certain water infrastructure improvements referred to in this Agreement as the "Applicant-Installed Facility." D. The required plans, specifications, and materials for the Applicant-Installed Facility have been approved by the Town. E. The Applicant desires that the Town take ownership of, operate, and service the Appli- cant-Installed Facility F. The Town is willing to accept the Applicant-Installed Facility and permit it to be con- nected to the Town water system provided it meets Town standards and the work is done in accor- dance with Town requirements. AGREEMENT Now, THEREFORE, in consideration of the foregoing premises and the mutual. covenants set forth in this Agreement, the Parties hereby agree as follows: Speci~l~e~~l8~t'r)~ -October 14, 2008 -Page 14 of 46 _ 1 - 10/6/2008 10:46 AM 1. General 1.1. Applicant installation of the Applicant-Installed Facility. The Applicant has designed and shall install, at Applicant's own expense, the water infrastructure improvements as depicted in Building permit number B0701-111 as approved by the Town and on file in the office of the Town of Marina Water Utility (the "Facility Plan"). The water infrastructure improvements de- picted on the Facility Plan are referred to in this Agreement as the "Applicant-Installed. Facility," and shall conform to the design standards of the City of Tucson Water Department and the Town of Marana Municipal Water Code and special specifications and details as approved by the Town and by this reference made a part of this Agreement. The Facility Plan shall include a plan note identifying the Applicant-Installed Facility as a new water facility and shall show any and all al- terations to the existing water system. Construction and installation of the Applicant-Installed Facility in accordance with the Facility Plan, including without limitation all labor, materials, equipment, supplies, and tools required for the construction and installation, is referred to in this Agreement as the "Work." The Work for this project will connect to a 4" water main in Freeman Lane. The Developer will warranty the existing 4" water main for one year from acceptance by the Town for any damage to the 4" main in Freeman Lane. The waterline will be under warranty from Cortaro Road right of way to meter boxes for each resident at the northern edge of Freeman lane for 12 months from the time the waterline is accepted by the Town of Marana Utilities De- partment. 1.2. Work by licensed contractor. The Work shall be performed by a contractor properly li- censed by the State of Arizona as determined by the Arizona Registrar of Contractors. In addi- tion to any other contractor's license classifications required by the Arizona Registrar of Con- tractors, the contractor shall hold contractor's license classifications A, A-12 and A-16. 1.3. Payment of connection fees. Before any service connections are made from the Town's water system to the Applicant-Installed Facility, the Applicant shall pay to the Town the connec- tion fees and any other fees required by the Marana Municipal Water Code. Connection fees for this fire line total $2,331, including $864 for the infrastructure impact. fee and $1,467 for the gravity storage and renewable water resource, based on Marana Ordinance No. 2005.25. 1.4. No water meter installation authorized. The Parties agree that the connection fees to be paid by the Applicant for the fire line under this Agreement are based on water service from a 5~8" X 3~4" water meter, which the Town could have required the Applicant to install as part of the Work. However, since the Work involves fire flow only, the Parties have chosen not to install. a water meter as part of the Work, and this Agreement does not authorize the installation of any new water meters. If a meter is needed in the future, the then-existing fees will apply. 1.5. Applicant-Installed Facility acceptance by Town. No service connections shall be made from the Town's water system to the Applicant-Installed Facility until the Applicant-Installed Facility has been accepted by the Town in accordance with the Marana Municipal Water Code. 1.6. Applicant's certification. Execution of this Agreement certifies that the Applicant has reviewed the Facility Plan and all other specifications applicable to the Work and has approved and agrees with the location of all service lines. Speci~l~el~tir~~ -October 14, 2008 -Page 15 of 46 _ 2 - 10/6/2008 10:46 AM 1.7. Termination for lack of Work. Approval of the Facility Plan shall lapse and this Agree- ment shall terminate if more than one year has passed since the date of this Agreement and the Work has not begun, or if the Work is discontinued for a period of one year. 2. Engineering and'Inspection 2.1. Registered civil engineer. When the cost of the Work exceeds $12,500.00, the Applicant shall employ a registered Civil Engineer to design, lay out, establish control lines for and certify the layout of the Work according to the Facility Plan. 2.2. Town inspector's authority. Any inspector authorized by the Town shall have full in- spection authority over the Work. 2.3. Inspection provisions. The Applicant shall furnish the Town's inspector with all facilities reasonably necessary to inspect the Work. The Work shall be subject to Town inspection at all times. Defective work shall be corrected in a manner satisfactory to the Town's inspector. In- spection by the Town is for the purpose of ensuring compliance with plans and specifications only. The Town makes no guarantee as to the safety or engineering soundness of plans prepared by Applicant or any contractor. 2.4. Payment of Town inspector's overtime cost. If scheduling by Applicant's contractor rea- sonably requires the Town's inspector to work overtime, the Applicant or Applicant's contractor shall pay the Town for. any additional salaries, expenses or employee benefits relating to the overtime. For purposes of this paragraph, overtime is any time over 40 hours worked in a seven- day work period, any time over eight hours worked Monday through Friday, and any time worked on weekends and legal holidays observed by the Town. 3. Preconstruction Procedure 3.1. Request to began construction. The Applicant shall submit a written request to begin con- struction to the Town five working days before the Work is to commence. 3.2. Construction permit. This Agreement shall be completed, signed and notarized, and re- turned to the Town prior to issuance of a construction permit for the Work. 3.3. Start and completion of the Work. No portion of the Work shall begin until the Town has issued a construction permit specifying the starting date and a reasonable time for completion. 3.4. Progress of the Work. The work shall be commenced and carried on at such points and in such order as maybe directed by the Town. 3.5. Materials sampling and testing. Materials shall be available for sampling and testing by the Town prior to being used in the Work. Materials that fail to meet Town specification shall be removed from the site. 3.6. Permits and approvals. The Applicant shall, at Applicant's expense, obtain all necessary permits and licenses for the Work, pay all fees and comply with all laws, ordinances and regula- tions relating to the Work. Speci~l~e~~tir~ -October 14, 2008 -Page 16 of 46 _ 3 - 10/6/2008 10:46 AM 4. Construction 4.1. Applicant's presence on site. The Applicant, or Applicant's designated agent, shall be present at all times during performance of the Work. The name of the Applicant's designated agent and the contractor performing the Work shall be furnished to the Town. before the Work begins. Instructions given by the Town to the designated agent shall be deemed to have been given to the Applicant. 4.2. Competence and diligence. The Applicant shall employ only competent and efficient la- borers, mechanics or artisans on the work, and the Applicant agrees to perform the work dili- gently to complete the work on or before the completion date given in the notice to proceed. 4.3. Paving. The Applicant shall identify and locate all water valves prior to paving and set valve boxes to final grade after paving. 4.4. Alterations to the existing Town water system. The Applicant shall, at Applicant's ex- pense, make any and all alterations to the existing water system either on-site or off-site necessi- tated by paving, drainage, or other improvements caused by the development of the Subject Property. 4.5. Worksite safety. The Applicant shall require all contractors and subcontractors perform- ing any portion of the Work to comply with. all safety requirements of the Occupational Safety and Hazards Act as set forth by the Federal Government and as implemented by the State of Ari- zona. The Applicant or its contractors shall be solely responsible for all fines or other penalties provided for by law for any violations of the Occupational Safety Hazards Act. 5. Miscellaneous 5.1. Indemnity. Applicant shall indemnify, defend, and hold harmless the Town, its Mayor and Council, officers and employees, boards, committees and commissions from and against any loss, claim, suit, demand, cause of action, or liability of any nature, including but not limited to damage to property and injuries to persons, including death, arising or alleged to have arisen, in whole or in part, out of any negligent act or omission of Applicant or any contractor, subcontrac- tor, or any person employed directly or indirectly by any of them in the performance of the Work or in the operation of the Applicant-Installed Facility. 5.2. Binding effect. This agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the Parties. 5.3. Consent required for assignment. Applicant may not assign this Agreement without the prior written consent of the Town. 5.4. Cancellation for conflict of interest. This agreement is subject to A.R.S. § 38-511, which provides for cancellation in certain instances involving conflict of interest. 5.5. Representations and obligations for already-completed at-risk construction. To the ex- tent the Applicant has proceeded with the Work prior to the effective date of this Agreement, the Applicant represents that it has substantially complied with the requirements of this Agreement Speci~i~®~Ig(~tir~ -October 14, 2008 -Page 17 of 46 _ 4 - 10/6/2008 10:46 AM as the Work was done, and all of the Applicant's obligations with respect to the Work under this Agreement and under Town Code Title 14 have been or will be satisfied. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date set forth below their respective signatures. a TowN: TIIE 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 ) APPLICANT: DESERT SON COMMUNITY CHURCH OF TUCSON, ARIZONA, an Arizona non-profit corporation, By: John Vargo, President Date: The foregoing instrument was acknowledged before me on October , 2008, by John Vargo, President of DESERT SON COMMUNITY CHURCH OF TUCSON, ARIZONA, an Arizona non-profit corporation, on behalf of the corporation. My commission expires: Notary Public Speci~l~®~~181~tir)~ -October 14, 2008 -Page 18 of 46 _ 5 _ 10/6/2008 10:46 AM ~"'~'~ ~~~~ ~~ i:G1~w tfs •i R~lJR 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, October 14, 2008, 6:00:00 PM To: Mayor and Council From: Brad DeSpain ,Utilities Director Item C 2 Subject: Resolution No. 2008-129: Relating to Utilities;. Approving and authorizing the execution of the Intergovernmental Agreement between Metropolitan Domestic Water Improvement District, Flowing Wells Irrigation District, the Town of Marana, and the Town of Oro Valley for Northwest Water Providers Central Arizona Project water system route analysis and additional future studies. Discussion: This Intergovernmental Agreement (the Agreement) is entered into by and between the Metropolitan Domestic Water Improvement District (Metro), Flowing Wells Irrigation District (FWID), the Town of Marana (Marana) and the Town of Oro Valley (Oro Valley), collectively referred to as the NW Water Providers. The NW Water Providers desire to enter into an Agreement to cooperate and participate in a route analysis for the delivery system of the NW Water Providers Central Arizona Project Water System. The project consists of a route analysis to be conducted by Westland Resources, Inc., which the NW Water Providers have selected from a request for statement of qualifications. The NW Water Providers have negotiated a contract with Westland Resources pursuant to Arizona State statutes. The study will provide a route analysis for the delivery system for the Northwest Central Arizona Project water system. Under this agreement, the NW Water Providers may pursue additional studies and projects for the Northwest Central Arizona Project water system as long as their respective budgets include funds designated for the Northwest Central Arizona Project water system. The cost of the route analysis is not to exceed $130,000 and will be shared among the NW Water Providers. The cost share shall be determined appropriately and collectively by the managers and directors of the NW Water Providers and will be equitably apportioned based upon the proportionate benefits to be realized by each Provider from the respective study. Financial Impact: $21,723.38 CIP 2008-300-001 (GSRWR impact fee) ATTACHMENTS: Name: O Resolution 2008-NW Water Providers route analysis.doc D NW IGA-route.doc Description: Resolution NW Providers IGA route analysis Agreement Type: Resolution Exhibit Special Council Meeting -October 14, 2008 -Page 19 of 46 Staff Recommendation: Staff recommend approval of the agreement between the NW Water Providers for NW Water Providers Central Arizona Project water system route analysis and additional future studies. Commission Recommendation - if applicable: The Utilities Citizen Advisory Commission recommend approval of the agreement between the NW Water Providers for NW Water Providers Central Arizona Project water system route analysis and additional future studies. Suggested Motion: I move to approve Resolution No. 2008-129. Special Council Meeting -October 14, 2008 -Page 20 of 46 MARANA RESOLUTION N0.2008-129 RELATING TO UTILITIES; APPROVING AND AUTHORIZING THE EXECUTION OF THE INTERGOVERNMENTAL AGREEMENT BETWEEN METROPOLITAN DOMESTIC WATER IMPROVEMENT DISTRICT, FLOWING WELLS IRRIGATION DISTRICT, THE TOWN OF MARANA, AND THE TOWN OF ORO VALLEY FOR NORTHWEST WATER PROVIDERS CENTRAL ARIZONA PROJECT WATER SYSTEM ROUTE ANALYSIS AND ADDITIONAL FUTURE STUDIES. WHEREAS, this Intergovernmental Agreement (the Agreement) is entered into by and between the Metropolitan Domestic Water Improvement District (Metro), Flowing Wells Irrigation District (FWID), the Town of Marana, a municipal corporation (Marana), and the Town of Oro Valley, a municipal corporation (Oro Valley), herein collectively referred to as the NW Water Providers; and WHEREAS, the NW Water Providers desire to enter into the Agreement to cooperate and participate in a route analysis for the delivery system for the NW Water Providers Central Arizona Project water system to be conducted by Westland Resources, Inc., which the NW Water Providers have selected from a request for statement of qualifications; and WHEREAS, under the Agreement the NW Water Providers may pursue additional studies and projects for the Northwest Central Arizona Project water system as long as their respective budgets include funds designated for the Northwest Central Arizona Project water system, and WHEREAS, the cost of the route analysis is not to exceed One Hundred Thirty Thousand Dollars ($130,000) and shall be shared among the NW Water Providers, and WHEREAS, the cost share shall be determined appropriately and collectively by the managers and directors of the NW Water Providers and shall be equitably apportioned based upon the proportionate benefits to be realized by each Provider from the respective study; and WHEREAS, the Mayor and Council find that the terms and conditions of the Agreement are in the best interest of the Town. Special Council Meeting -October 14, 2008 -Page 21 of 46 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION I . The Agreement between the NW Water Providers, attached as Exhibit A to and incorporated here by this reference, to cooperate and participate in a route study for the delivery system of the NW Water Providers Central Arizona Project water system is hereby authorized and approved. SECTION 2. The Mayor is hereby authorized and directed to execute, and the Town Clerk in hereby authorized and directed to attest to, said Exhibit A for and on behalf of the Town of Marana. SECTION 3. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this resolution. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 14`h day of October 2008. Ed Honea, Mayor ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Special (;ounGi Meeting at~~POgedgf~ r~~t~~n~l3uage Z~ 0104 2 APM 10/09/2008 INTERGOVERNMENTAL AGREEMENT BETWEEN METROPOLITAN DOMESTIC WATER IMPROVEMENT DISTRICT, FLOWING WELLS IRRIGATION DISTRICT, THE TOWN OF MARANA AND THE TOWN OF ORO VALLEY FOR NORTHWEST WATER PROVIDERS CENTRAL ARIZONA PROJECT WATER SYSTEM ROUTE ANALYSIS AND ADDITIONAL FUTURE STUDIES This Intergovernmental Agreement (hereinafter "the Agreement") is entered into by and between the Metropolitan Domestic Water Improvement District ("Metro"), Flowing Wells Irrigation District ("FWID"), the Town of Marana, a municipal corporation located in Pima County, Arizona ("Marana") and the Town of Oro Valley, a .municipal corporation located in Pima County, Arizona ("Oro Valley"), herein collectively referred to as the "NW Water Providers". RECITALS WHEREAS, pursuant to Arizona Revised Statutes (A.R.S.) § 11-952, Metro, FWID, Marana and Oro Valley are authorized to enter into or renew agreements for joint and cooperative action with other public agencies; and WHEREAS, pursuant to A.R.S. §§ 48-909A(6), 48-1014 and 48-4462, et seq., Metro has the requisite statutory authority to acquire, own and maintain a water utility for the benefit of the landowners within and without their corporate boundaries; and WHEREAS, pursuant to A.R.S. § 48-2978, FWID has the requisite statutory authority to acquire, own and maintain a water utility for the benefit of the landowners within its corporate boundaries; and WHEREAS, pursuant to A.R.S. § 9-51 1, et seq.,. Marana and Oro Valley have the requisite statutory authority to acquire, own and maintain a water utility for the benefit of the landowners within and without their corporate boundaries; and WHEREAS, the NW Water Providers entered into an Memorandum of Understanding in June 2006 to cooperate in planning for the development of renewable water systems, attached hereto as Exhibit "A"; and WHEREAS, the NW Water Providers entered into an Intergovernmental Agreement in January 2007 to complete a Cost Estimate Study for the NW Water Providers Central Arizona Project Water System; and WHEREAS, the NW Water Providers desire to enter into an Intergovernmental Agreement to cooperate and participate in a route analysis for the delivery system of the NW Water Providers Central Arizona Project Water System; and Special Council Meeting -October 14, 2008 -Page 23 of 46 NOW THEREFORE, in consideration of the mutual covenants and conditions. contained in this Agreement, and other good and valuable consideration, the NW Water Providers agree as follows: AGREEMENT 1. Project. The Project consists of a Route Analysis to be conducted by Westland Resources, Inc., which the the NW Water Providers have selected from a Request for Statement of Qualifications and with which the NW Water Providers have negotiated a contract pursuant to Arizona state statutes. The Study will provide a Route Analysis for the delivery system for the Northwest Central Arizona Project Water System. The Scope of Work for the Route Analysis is attached hereto as Exhibit "A". Under this Agreement, the NW Water Providers may pursue additional studies and projects for the Northwest Central Arizona Project Water System as long as their respective budgets include funds designated for the Northwest Central Arizona Project Water System. 2. Effective Date; Term. This Agreement shall become effective upon the Parties signing the Agreement and this Agreement shall continue to be in effect until the Project is complete. 3. Costs. The cost of the Route Analysis is not to exceed One Hundred Thirty Thousand Dollars ($130,000) and shall be shared among the NW Water Providers. The cost share shall be determined appropriately and collectively by the managers and directors of the NW Water Providers and shall be equitably apportioned based upon the proportionate benefits to be realized by each Provider from the respective study District shall pay Westland Resources for services and all reimbursable materials rendered. This is not anticipated to exceed One Hundred Thirty Thousand Dollars ($130,000) includes labor costs, overhead, fringe benefits, profit, other direct expenses and sub-consultant fees. Any costs in excess of $130,000 will require written approval by all participants. Metro shall submit monthly invoices to FWID, Marana and Oro Valley for Westland Resource's hours worked and any expenses related to work for the previous month, including all supporting data. Metro is subject to pay under its contract with Westland Resources a late fee of 1.5 percent per month or the maximum allowed by law, if less, on all amounts remaining unpaid starting the 31St date following the invoice date. FWID, Marana and Oro Valley shall not be responsible for and/or pay any late fees. 4. Tasks Assigned to Engineering Firm Westland Resources agrees to complete the Scope of Work,, attached hereto as Exhibit «A„ Special Council Meeting -October 14, 2008 -Page 24 of 46 2 5. Responsibilities of Metro a. Metro shall be the Project Manager for the Study which includes contracting with Westland Resources and handling all contractual and administrative functions for the contract. b. Metro shall pay its designated share of the cost of the Study. c. Metro shall pay all upfront costs for the Study and shall invoice FWID, Marana and Oro Valley for their share of the costs on a monthly basis. 6. Responsibilities of FWID, Marana and the Oro Valley a. FWID shall pay its designated share of the cost of the Study. b. Marana shall pay its designated share of the cost of the Study.. c. Oro Valley shall pay its designated share of the cost of the Study. d. Each NW Water Provider's share for the Study is due thirty (30) days upon receipt of each monthly invoice. e: In the event FWID, Marana and/or Oro Valley have questions regarding any element of an invoice, they shall notify Metro in writing within fifteen (15) days from receipt of 'Westland Resources invoice from Metro. Metro shall effect a resolution and transmit a revised invoice to .FWID, Marana and/or Oro Valley. Any amounts not in question shall be paid by FWID, Marana and/or Oro Valley in accordance with the procedure in this Section. FWID, Marana and/or Oro Valley shall pay the approved revised invoice within thirty (30) .days of the revised. invoice date. 7. Cost and Responsibility for Other Studies and Proiects. Additional studies may also be implemented and cost shared under this IGA for the Northwest Central Arizona Project Water System if the procurement process for the consultants meets the requirements of state law and the procurement policies of the participating Providers. The NW Water Providers' Managers and Directors are authorized to participate in future studies as long as their respective budgets include funds designated for the Northwest Central Arizona Project Water System. Scope of Work and. costs for any future studies will be approved by the Managers after negotiations with a selected consultant or .engineering firm. The NW Water Providers' Managers are further authorized to cost share in additional studies and will determine. and agree upon the appropriate cost share amounts for each study, which will be documented in a letter agreement and signed by each respective manager or director. This will only pertain to studies and not design, construction or operations. Design, construction and operations will be addressed in a future IGA approved by the respective governing Boards or Councils. Special Council Meeting -October 14, 2008 -Page 25 of 46 3 8. Termination. Any party may terminate this Agreement for material breach of the Agreement by any other party. Prior to any termination under this paragraph, the party allegedly in default shall be given written notice by the other parties of the nature of the alleged default. The party said to be in default shall have forty-five days to cure the default. If the default is not cured within that time, the other parties may terminate this Agreement. Any such termination shall not relieve any party from liabilities or costs already incurred or obligated under this Agreement. 9. Non-assignment. No Party to this Agreement shall assign its rights under this Agreement to any other party. 10. Entire Agreement. This instrument constitutes the entire Agreement between the Parties pertaining to the subject matter hereof, and all prior or contemporaneous agreements. and understandings, oral or written, are hereby superseded and merged herein. 11. Amendment. This Agreement may be modified, amended, altered or changed only by written agreement signed by all Parties. 12. Construction and interpretation. All provisions of this Agreement shall be construed to be consistent with the intention of the Parties as expressed in the recitals hereof. 13. Captions and headings. The headings used in this Agreement are for convenience only and are not intended to affect the meaning of any provision of this Agreement. 14. Severability. In the event that any provision of this Agreement or the application thereof is declared invalid or void by statute or judicial decision, such action shall have no effect on other provisions and their application, which can be given effect without the invalid or void provision or application, and to this extent the provisions of the Agreement are severable. In the event that any provision of this Agreement is declared. invalid or void, the Parties agree to meet promptly upon request of any Party to the Agreement in an attempt to reach an agreement on a substitute provision. 15. Conflict of Interest. This Agreement is subject to the provisions of A.R.S. 38-511. 16. Jurisdiction. Nothing in this Agreement shall be construed as limiting or extending legal jurisdiction of any Party. Nothing in this Agreement is intended to confer any right or remedies to any person or entity not a party to this Agreement. 17. No Third Party Beneficiaries. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or effect the legal liability of either party to the Agreement by imposing any standard of care different from the standard of care imposed by law. 18. Compliance with Laws. The Parties shall comply with all .applicable federal, state and local laws, rules, regulations, standards and executive orders, without .limitation to those designated within this Agreement. Special Council Meeting -October 14, 2008 -Page 26 of 46 4 19. Governing Law. This Agreement shall be governed by Arizona law and venue shall be proper in Pima County, Arizona. 20. Anti-Discrimination. The provisions of A.R.S. § 41-1463 and Executive Order Number 99-4 issued by the Governor of the State of Arizona are incorporated by this reference as a part of this Agreement. 21. Americans with Disabilities Act. This Agreement is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 101-336,42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. 22. Waiver. Waiver by any party of any breach of any term, covenant or condition herein contained shall not be deemed a waiver of any other term, covenant or condition, or any subsequent breach of the same or any other term, covenant, or condition herein contained. 23. Force Maieure. A Party shall not be in default under this Agreement if it does not fulfill any of its obligations under this Agreement because it is prevented or delayed in doing so by reason of uncontrollable forces. The term "uncontrollable forces" shall mean, for the purposes of his Agreement, any cause beyond the control of the party affected, including but not limited to failure of facilities, breakage or accident to machinery or transmission facilities, weather conditions, flood, earthquake, lightning, fire, epidemic, war, riot, civil disturbance, sabotage, strike, lockout, labor dispute, boycott, material or energy shortage, casualty loss, acts of God, or action or non-action by governmental bodies in approving or failing to act upon applications for approvals or permits which are not due to the negligence or willful action of the parties, order of declared local, state or national emergency, which, by exercise of the due diligence and foresight, such party could not reasonably have been expected to avoid. Either party rendered unable to fulfill any obligations by reason of uncontrollable forces shall exercise due diligence to remove such inability with all reasonable dispatch. 24. Notification. All notices or demands upon any Party to this Agreement shall be in writing, unless other forms are designated elsewhere, and shall be delivered in person or sent by mail addressed as follows: METROPOLITAN DOMESTIC WATER IMPROVEMENT DISTRICT Mark R. Stratton, General Manager 6265 N. La Canada Drive Tucson, Arizona 85704 cc: Michael McNulty Lewis & Roca One S. Church Ave., #700 Tucson, Arizona 85701 Special Council Meeting -October 14, 2008 -Page 27 of 46 FLOWING WELLS IRRIGATION DISTRICT David Crockett, Superintendent cc: Spencer Smith 3901 N. Fairview DeConcini McDonald Yetwin & Lacy Tucson, Arizona 85706 2525 E. Broadway, #200 Tucson, Arizona 85705 Tucson, Arizona 85716 TOWN OF MARANA Brad DeSpain, Utilities Director 11555 W. Civic Center Drive Marana, Arizona 85653 cc: Frank Cassidy, Town Attorney 1555 W. Civic Center Drive Marana, Arizona 85653 TOWN OF ORO VALLEY Philip Saletta, Water Director Water Utility Director 11000 N. La Canada Drive Oro Valley, Arizona 85737 cc: Town Attorney 11000 N. La Canada Drive Oro Valley, Arizona 85737 25. Remedies. Any Party may pursue any remedies provided by law for the breach of this Agreement. No right or remedy is intended to be exclusive of any other right or remedy and each. shall be cumulative and in addition to any other right or remedy existing at law or in equity or by virtue of this Agreement. IN WITNESS WHEREOF, Town of Oro Valley and Town of Marana have caused this Agreement to be executed by their Mayor and Council, upon resolution of their Mayor and Council and attested to by the Clerk of the Town; Metro has caused this Agreement to be executed by it's Chair; and Flowing Wells Irrigation District has caused this Agreement to be executed by the President of the Board of Directors. METROPOLITAN DOMESTIC WATER IMPROVEMENT DISTRICT Dan M. Offret, Chair ATTEST: Warren Tenney, Clerk of the Board FLOWING WELLS IRRIGATION DISTRICT Date Date: Special Council Meeting -October 14, 2008 -Page 28 of 46 6 Manuel C. Valenzuela, President Board of Directors Date: ATTEST: Cheryl Roberts, Clerk of the Board Date: TOWN OF MARANA Ed Honea, Mayor Date ATTEST: Jocelyn Bronson, Town Clerk Date TOWN OF ORO VALLEY Paul H. Loomis, Mayor Date ATTEST: Kathryn E. Cuvelier, Town Clerk Date Special Council Meeting -.October 14, 2008 -Page 29 of 46 ~ ATTORNEY CERTIFICATION The foregoing Agreement by and between the Metropolitan Domestic Water Improvement District, Flowing Wells Irrigation District, the Town of Marana and the Town of Oro Valley has been reviewed pursuant to A.R.S. Section 11-952 by the undersigned who have determined that it is in proper form and is within the powers and authority granted under. the laws of the State of Arizona to those parties to the Agreement. METROPOLITAN DOMESTIC WATER IMPROVEMENT DISTRICT Attorney for the District Date FLOWING WELLS IRRIGATION DISTRICT FWID Attorney Date TOWN OF MARANA Town Attorney Date TOWN OF ORO VALLEY Town Attorney Date Special Council Meeting -October 14, 2008 -Page 30 of 46 g Exhibit A SCOPE OF PROFESSIONAL SERVICES FOR NW CAP DELIVERY SYSTEM ROUTE ANALYSIS August 2008 I -SCOPE OF PROFESSIONAL SERVICES The Consultant agrees to perform work on those Tasks identified herein on or before the date specified in the applicable Notice-to-Proceed (NTP) provided by the Metropolitan Domestic Water Improvement District (MDWID). The Tasks are described in Section E. The Consultant agrees to complete the Tasks in conformance with the schedules set forth in Section D. A. Project Overview Flowing We11s Irrigation District (Flowing Wells), Metropolitan Domestic Water Improvement District (Metro Water), Town of Marana (Marana), and Town of Oro Valley (Oro Valley) (hereafter referred to as "NW Water Providers") require Professional Engineering Services to perform a route analysis of the delivery system for the Northwest CAP Water System that. would allow for the direct use of Central Arizona Project water for each Partner. The NW Water Providers will use the route analysis to select the final pipeline route for design of the delivery system. The scope of .services described in Section E is a process designed to identify and facilitate selection of the best route for the Northwest CAP Water Delivery System. The NW Water Providers have provided an initial route (Figure 1) and have identified three potential delivery points in the 1ZFP. The delivery point locations. and volumes are provided in Table 1. Table 1 Entity Deliver~• Noint 1)clivcrv Vulumc Town of Marana Dove Mountain Boulevard & Tan Brine Road 1,320 AF/ ear Metro and Flowin Wells Districts Hartman Lane and Linda Vista Boulevard 12,800 AF/ ear. Town of Oro Valley Shannon Road & Naranja Drive 10,000 AF/year Figure 1 Special Council Meeting -October 14, 2008 -Page 31 of 46 Pofenfial Northwest CkP Wafer DeUverv Svstern ~ ~ ~ Section 1 (48") 24,120 Acre-~esf ~ ~ a ~~ Section 2A {42") 22.600 Acre-Feet z " ~ raoortE ~o,:t~ } ~• ~~ Section 2B (3G 12,800 Rcre~Feet ~ .~'- e _. •~~s~Se~ion3 (30~E 1f7,090Atx~Feef ~ ~ t rt;~iMardita~©we t c> W h,t~unt~ini nefi v~?r} Wnuit (~gypq Mw.wiwr~ww~~Arr~ww ~j. ~f:-p ~r~~i:.rLY~~ Delii~ery Fn nt ~.kft~VIHRC,'HO •OS~~~tS~1~ps 1~~~N~Nf• 1 N3RA VAt t Er RC ~" ~ G u 1 ~#a!FF R T I~NC~ . .. ~ ,. .tl~ ~ r ~., ~ _ ~" f\ \~! ytu'. ~ y' [G ~:. L Z al. -S C Q •J p, C c5 ~" , ~ F'c~te~ifk31 M~>trc 8 floti~nng Wells GcalrJe;ry Poin ~' ,; t '~ ~ r _ r In addition to the potential route and delivery points shown in Figure 1, additional routes will be developed by the consultant as part of the scope of work. Alternative routes will be reviewed by the NW Water Providers and one additional route will be selected for a detailed analysis. Analysis of the proposed routes will consider right-of--ways, agency requirements, utilities, hydrologic assessments, easements, environmental factors, archeological factors, legal issues, and other pertinent factors that would be deemed necessary for the successful completion of the delivery system. The project has been divided into 5 Tasks based upon an initial project scoping meeting. Projected fees for each Task are identified in Table 2 by staff type by the projected level of work effort. B. Professional Services to be Provided The Consultant will provide the professional services as detailed in Section E and listed herein by Task as follows: 1. Task 1 -Project Management and Meetings 2. Task 2 -Preliminary Route Evaluation, Screening and Route Evaluation Matrix Preparation 3. Task 3 -Technical Evaluation of Alternative Routes 4. Task 4 -Final Route Evaluation 5. Task 5 -Supplemental Services C. Definitions 1. "Project Manager". This term shall mean that person designated by the District Engineer of the Metropolitan Domestic Water Improvement District to represent .the interests of MDWID during the term of this agreement and to be the primary contact person for all communications with the Consultant. Special Council Meeting -October 14, 2008 -Page 32 of 46 1 ~ 2. "Project Engineer". This term shall mean that person designated by the Consultant and approved by MDWID as the primary contact person during the performance of this agreement. This person shall not be removed from the position as Project Engineer for the project, except with the express written consent of the MDWID. D. Administrative Provisions It shall be the Consultant's work to provide the requested services and to produce and assemble the needed documents for the effective and efficient identification and selection by the NW Water Providers of the preferred route for the Northwest CAP Water Delivery System. The formal work relationship between Consultant and MDWID shall be maintained between Consultant's Project Engineer and MDWID's Project Manager. This formal relationship shall include the passage of all written forms of correspondence, requests for information, notifications, submittals and claims for payment. 1. Availability of Applicable Information Information applicable to the work of the Consultant shall be provided by the staff of MDWID. Consultant shall make inquiries to the MDWID Project Manager toxesolve, if possible, any inconsistencies or deficiencies found within the information supplied. 2. Quality Control Consultant has responsibility for the accuracy, timeliness and completeness of the work and the documents it is to furnish under this contract. MDWID will review the submittals to determine if quality control procedures are being applied and if they are adequate and appropriate for the work presented. 3. Submittals of the Work Submittals of the work and supporting documentation thereof as provided below may be requested by MDWID to be accompanied by documentation which shows Consultant has established and is following quality control procedures. Such documentation may be in the form of copies of appropriate deliverables, lists, tables, checklists, or in the form of red-line check offs on report text and supporting drawings. Submittals to MDWID not accompanied by documentation which verifies the use of quality control procedures may be returned to Consultant if it appears to MDWID that quality control procedures are not being followed: Documentation of the application of quality control procedures may be considered to be a requisite element of each review submittal. 4. Schedule of Submittals The percentages indicated for each Submittal identified below are based on the total effort required by Consultant for the completion of the work. The periods of time at which these submittals are due are in calendar .days and are firm to the extent that the due date will be extended to the next MDWID business day should the scheduled due date fall on a Saturday, Sunday or Holiday. In the event that the Consultant's services are delayed due to causes beyond the Consultant's reasonable control, including delays in the MDWID's review of Consultant's reports and/or other submittals, the Consultant's schedule will be adjusted to reflect the length of the delay. The following schedule is based on the Special Council Meeting -October 14, 2008 -Page 33 of 46 1 1 assumptions that MDWID Staff review turn-around will be accomplished in fourteen (14) calendar days. ---- ~19ilestouc/Submittal -- -_ Calendar ([3usincss) Davs to Co~[1~letc'"___ --- Prelimina Route Screenin 28 (20) Pre aration of Task 2 Route Evaluation Matrix 35 (25) Technical Memo Summarizing Task 2 Work Products 56 (40) Technical Memo Summarizing Evaluation of Alternative Routes (Task 3 50% 70 (50) Technical Memo Summarizing .Evaluation of Alternative Routes (Task 3) 100% 100 (71) Planometric Drawings Depicting Preferred Ali nment (50%) 140 (100) Final Route Evaluation Technical Memo with Planometric Drawings for Preferred Alignment 180 (128) (100%) TOTAL CONTRACT TIME = 180 DAYS * -after Notice to Proceed or receiving approval from the MDWID to proceed on next Milestone Throughout the duration of the contract, Consultant shall respond to MDWID's questions, concerns and requests for supplemental or supportive data or information, or clarifications or revisions to the several elements of the submittals as may be necessary to properly address and resolve MDWID's questions, concerns, and/or requests, and shall provide the required responses at no additional cost to MDWID. This provision shall apply even if an additional submittal(s) is (are) required by MDWID for Consultant to meet a Milestone, as noted above. (Typically, such a requirement by MDWID would be predicated upon Consultant failing to follow quality control procedures or failing to resolve one or more issues or questions raised by MDWID prior to delivering the next submittal). The purpose of this provision is to assure MDWID obtains a clear, usable product of the work without the requirements to amend the contract in order to obtain needed clarifications and revisions to the work product. However, should Consultant feel that the request made is for work or analysis that is beyond the original scope of this agreement, Consultant shall advise MDWID of its claim within the time period and in the manner prescribed in Article VI of this agreement. Likewise should Consultant establish that the review period for any submittal taken by MDWID is excessive and not timely; thus, leaving Consultant with insufficient time to prepare the next submittal, Consultant shall advise MDWID of its claim for a time extension as prescribed in the above section. 5. Document Preparation and Submittal Formats All technical memos shall be organized as follows: a. Table of Contents, Table and Figures; b. A section that introduces the work, its purpose and its goals; c. A section that presents the investigations performed, the standards by which the investigations were made or test performed, and the findings and results of those investigations or tests; d. A section that presents the calculations performed and the findings and results of those calculations. Special Council Meeting -October 14, 2008 -Page 34 of 46 12 e. A section .providing the recommended routes of the delivery system; including right of way, construction issues, wash crossings, utility conflicts, cultural and environmental, and cost considerations. f. A section that provides the special features and constraints of which to be cognizant during the subsequent work activities; and g. Appendices that contain the results and other supporting materials and documents for the project. 6. District Responsibilities The MDWID shall be obligated to perform the following functions during the execution of this Contract: a. Designate a Project Manager to direct Consultant and serve as a single point of contact for all Consultants' formal contacts with MDWID. Said Project Manager may be changed by written notification to Consultant; b. Secure the necessary reviews and approval from the NW Water Providers and MDWID Staff Reviewers, including consolidation of review comments; c. Provide the required Notices-to-Proceed without unnecessary delays; d. Provide timely payment of Consultant's invoices; e. Provide copies of any relevant, available studies, reports, or other documentation prepared by or for MDWID or other agencies which may bear on the work, unless such studies, reports or documentation have been published separately and are available publicly; f. Provide Consultant with all information stated to be provided Consultant under this Contract. E. Project Tasks 1. Task 1-Project Management and Meetings Objective: To provide the management and administrative support and to facilitate collaborative communication within the project team (NW Water Providers and the WestLand/Carollo Consulting team) and successful completion of the Northwest CAP Delivery System Route Analysis. The WestLand/Carollo team proposes to prepare and maintain a project schedule throughout the duration of the project. a. Update and maintain a project schedule b. Project Meetings (Monthly) c. Meeting Agenda and Minutes d. Team Management, including Budget and Scope Management e. Invoices and Monthly Progress Reports Deliverables: Meeting agendas and minutes, monthly invoices and project progress reports. Special Council Meeting -October 14, 2008 -Page 35 of 46 13 2. Task 2 -Preliminary Route Evaluation, Screening and Route Evaluation Matrix Preparation Objective: To identify up to 4 potentially feasible pipeline routing alternatives to the NW Water Providers defined delivery points and based upon conceptual level engineering, environmental, and planning considerations to provide a route evaluation matrix with ranking factors to select two routes for more detailed evaluation and study. a. General Environmental and Regulatory Overview b. Update Project Cost Calculator c. Prepare Evaluation Matrix considering Right-of--Ways/easements, agency requirements, utilities, environmental, etc. d. Identify 2-4 Alternative Routes and work with the NW Water Providers to select an alternative route to compare to the potential route, included in the RFQ. e. Chair workshop for NW Water Providers to discuss alternative routes and to establish alignment ranking/weighting factors. f. Use the evaluation matrix to rank the alternative routes and to select a preferred alternative route. (To be approved by the NW Water Providers) g. Technical Memorandum Deliverables: Draft and Final Preliminary Route Evaluation, Screening, and Route Evaluation Technical Memorandum. 3. Task 3 -Selected Alternative Routes Technical Evaluation and Comparisons Objective: To provide detailed routing analysis, including preliminary engineering, permitting, and cost considerations, for the two selected route alternatives identified in Task 2 and to provide a detailed matrix of evaluation factors that will facilitate the selection of a preferred route by the NW Water Providers. a. Detailed evaluation and ranking of two routes using technical, cost, and permitting factors evaluations b. Compare initial capital, operations & maintenance costs by alternative c. Identify project flexibility d. Identify construction issues, including wash crossings, utility conflicts and geotechnical features. e. Identify Right-of--Way and Easement requirements. f. Screening level review of Cultural and Environmental Impacts. g. Environmental Review: • Qualitatively rank the selected alternatives with regard to compliance with applicable NPPO ordinances. • Identify probable 404 permitting requirements and time frame for each of the selected alternatives. • Provide recommendations for specific biological or cultural resource survey needs. • Identify ADOT and ASLD permitting requirements and timelines for each of the selected alternatives. Deliverables: Selected Alternative Routes Evaluation Technical Memorandum. Special Council Meeting -October 14, 2008 -Page 36 of 46 14 4. Task 4 -Final Route Evaluation Objective: To provide specific recommendations for future work efforts relative to the selected alignment. a. Develop planometric drawings using publically available aerial photographs and topography identifying preferred alignment (1"-100', 2' contours) b. Define Right-of--Way and easement acquisition requirements. c. Calculate capital and operations & maintenance costs and allocate by jurisdiction (percentage). d. Define project specific construction related issues relative to final alignment. e. Environmental Studies: • Complete Class I Cultural Resource Survey of the selected route. • Identify number and appropriate width of potentially jurisdictional water crossings. • Complete Phase I Biological Evaluation for threatened and endangered species plus those species being considered in the regional HCP preparation for selected alternative. • Review applicable local riparian regulations and evaluate pipeline impacts. f. Define route specific regulatory permitting issues. Deliverables: Technical Memorandum and planometric drawings depicting the selected route at 1 to 100 scale with 2-ft contour intervals. 5. Task 5 -Supplemental Services Objective: To provide detailed/focused Technical Studies not foreseen in the approved scope of work that would further route selection by NW Water Providers. a. Cultural resources surveys (Class 1 or Class 3) b. Title Reports as required for easements/Right-of--Way c. Biological Evaluations and studies d. Additional Meetings and coordination with outside stakeholders and regulators with the Arizona State Land Department. e. Any additional work requested by MDWID. Deliverables: Work as requested by the NW Water Providers. Special Council Meeting -October 14, 2008 -Page 37 of 46 15 ~~ ~~/' ~, ..~.~. 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, October 14, 2008, 6:00:00 PM To: Mayor. and Council Item A 1 From: Deb Thalasitis ,Assistant Town Manager Subject: Resolution No. 2008-130: Relating to the Police Department; Approving and authorizing the Mayor to execute an Amendment to the Memorandum of Understanding between the Town of Marana and the Marana Police Officers' Assocation; and declaring an emergency. Discussion: The Town of Marana Council approved the first Memorandum of Understanding (MOU) with the Marana Police Officers Association (MPOA) on June 3, 2008. This agreement represented the conclusion of negotiations which began in January 2008 and concluded in May, 2008. Management team members participating in the negotiations included Deb Thalasitis, Assistant Town Manager; Gilbert Davidsion, Deputy Town Manager and Richard Vidaurri, Chief of Police. MPOA members included Sergeant Bill Derfus, Officer Adam Lawson and Officer Mario Williams. As part of their deliberations, the teams discussed and agreed to move the classification of disptachers to a "step pay plan," that had eight (8) specific steps, with a five percent difference between each step. Prior to this time, dispatch classifications were on an "open-range" plan which had a minimum salary and a maximum salary, allowing personnel to be paid any salary rate in between those two parameters. In addition to approving the step plan for dispatchers, the MPOA MOU also stipulated that disptachers would move from their current salaries to the step plan with not less than a five percent. increase if their performance was satisfactory, on the dispatchers anniversary date. Prior to this language, all dispatchers had been converted to the single, "focal point" evaluaton date of August, that pertained to all other Town employees not on steps. The effective date of August performance appraisals is September 13, 2008 for this year. An unintended consequence has resulted from moving dispatchers to the step plan on their individual anniversary dates, provided they have acceptable performance. Three of the department's dispatchers are scheduled to move to the top (Step 8) on their anniversary dates. The department's two most senior dispatchers have anniversary dates that fall AFTER the third dispatcher who has less service. This means that a less senior person will be paid at a higher rate. for up to 8 months more than a dispatcher whose length of service is longer. This issue was not identified by either negotiating team when the agreement was reached on moving dispatchers to a step plan. Neither team intended to impact the pay of disptachers in relation to time served (or seniority). The attached amendment to the MOU allows the two most senior dispatchers to move to their top step effective September 13, 2008, with satisfactory job performance. This is the same effective Special Council Meeting -October 14, 2008 -Page 38 of 46 date for all other Town employee merit and would have applied to the dispatch staff if not for the MOU. The two most senior dispatchers are also eligible for a lump sum merit increase because their move to the eight step represents an increase of less than five percent. The amendment provides that the lump sum amount continue. to be awarded on the employee's anniversary date as intended. Financial Impact: Costs for all employees, except for sworn police officers below the rank of Lieutenant were budgeted assuming an increase effective September 13, 2008. ATTACHMENTS: Name: Description: Type: LJ Reso re Amendment One to MPOA MOU Resolution Resolution (00011126).DOC D Ame__nd__ment One to MPOA MOU 1014-OS.pdf Amendment Backup Material Staff Recommendation: Staff joins with the MPOA in recommending the Town Council's approval of this request. This is essentially a housekeeping item to clarify implementation of the MOU. Suggested Motion: I move adoption of Resolution 2008-130. Special Council Meeting -October 14, 2008 -Page 39 of 46 MARANA RESOLUTION N0.2008-130 RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF MARANA AND THE MARANA POLICE OFFICERS' ASSOCIATION; AND DECLARING AN EMERGENCY. WHEREAS the Town of Marana has a fundamental interest in maintaining a harmonious and cooperative relationship between the Town and its public safety employees; and WHEREAS the parties, through their representatives, met and conferred in good faith pursuant to the meet and confer process outlined in Section 4-1-8 of the Marana Town Code in order to reach agreement concerning wages, hours and working conditions of employment in the bargaining unit; and WHEREAS the. Town and the Marana Police Officer's Association reached agreement on a memorandum of understanding (MOU); and WHEREAS the Town Council accepted the. memorandum of understanding, pursuant to Section 4-1-8(F)(5) of the Marana Town Code, by Resolution 2008-78 on June 3, 2008; and WHEREAS Section 9-3(D) of the memorandum of understanding provides that it may be opened at any time for amendments by mutual consent of the parties; and WHEREAS the Town and the Marana Police Officer's Association desire to amend the MOU to clarify the process for the initial conversion to, and placement on, a step plan for employees in the police dispatcher classification. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL, OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Town Council hereby accepts the amendment to the memorandum of understanding between the Town of Marana and the Marana Police Officers' Association attached to and incorporated by reference in this resolution as Exhibit A. SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to implement the terms and conditions of the amendment to the memorandum of understanding. Speci~l~8~~l~r;g -October 14, 2008 -Page 40 of 46 JF 10/1/08 SECTION 3. Since it is necessary for the preservation of the peace, health. and safety of the Town of Marana that this resolution become immediately effective, an emergency is hereby declared to exist, and this resolution shall be effective .immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 14th day of October, 2008. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Specia~OiJhQrf~ -October 14, 2008 -Page 41 of 46 -2- AMENDMENT ONE TO THE JULY 1, 2008 -JUNE 30, 2010 MEET AND CONFER MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF MARANA AND THE MARANA POLICE OFFICERS' ASSOCIATION This Amendment is entered into by and between the Town of Marana ("Town") and the Marana Police Officers' Association ("MPOA"). Town and MPOA are sometimes referred to collectively as the Parties, either of which is sometimes individually referred to as a Party. RECITALS A. The Parties, through their representatives, met and conferred in good faith pursuant to the meet and confer process outlined in Section 4-1-8 of the Marana Town Code in order to reach agreement concerning wages, hours and working conditions of employment in the bargaining unit and reached agreement on a memorandum of understanding ("MOU"). B. The Town Council accepted the memorandum of understanding, pursuant to Section 4-1-8(F)(5) of the Marana Town Code, by Resolution 2008-78 on June 3, 2008. C. Pursuant to Section 9-3(A) of MOU, the MOU is to remain in full force and effect, following adoption and approval by the Mayor and Council, beginning with the 1 st pay period in July, 2008 through June 30, 2010. D. Pursuant to Section 9-3(D) of the MOU, the MOU may be opened at any time for amendments by mutual consent of the Parties. E.' The Parties desire to open the MOU and amend it to clarify the process for the initial conversion to, and placement on, a step plan for employees in the police dispatcher classification. AGREEMENT Now, therefore, based on the foregoing recitals which are incorporated here by reference, the Parties agree as follows: 1. Article 6; Wages and Benefits; Section 6-1: Wa;;es. Section 6-1(B)(6) of the MOU shall be amended as follows, with additions shown with double underlining: Dispatchers converting to the eight-step pay plan in FY 2009 shall be eligible for placement on ~. step that provides not less than a 5% annual increase on the employee's anniversary date based on an evaluation of job performance-using the Town's performance management system. Where the step placement results in less than a 5% annual increase, the dispatcher Special Council Meeting -October 14, 2008 -Page 42 of 46 {00011129.DOC /} shall receive a lump sum amount for the difference on the employee's anniversary date. During the initial conversion to the step svstem in FY 2008-2009. dispatchers who are scheduled to be placed on Step 8 (the top stet of the pay planl and who will receive less than a 5% addition to their base pay as a result of that placement shall be eligible to move to Step 8 effective S_ a tember 13. 2008. provided that the dispatcher has a satisfactory iob performance rating: A satisfactory iob performance rating is defined as an rating above the "Does Not Meet" cate~orv contained in the Town's ormance Management svstem. The balance of the merit increase afforded to dispatchers who are placed on Step 8 on September 13. 2008 shall be awarded in the form of a lump sum amount on the dispatcher's the "Does Not Meet" category between September 8. 2008 and the ispatcher's anniversary date. 2. Effect of Amendment Except as specifically modified by this Amendment, the terms of the original MOU shall remain in full force and effect. 3. Effective Date. This Amendment is effective upon acceptance by the Town Council. IN WITNESS WHEREOF, the authorized representatives of the parties have affixed their signatures below. TOWN OF MARANA MARANA POLICE OFFICERS' ASSOCIATION ,~~i~ .~i -~as' Art Ross, President Dated: <pJ. y~o ~' Gilbert Davidson, Town Manager Dated: Accepted by: MARANA TOWN COUNCIL Mayor Ed Honea Dated: Special Council Meeting -October 14, 2008 -Page 43 of 46 {00011129.DOC /} ATTEST: Jocelyn Bronson, Town clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Special Council Meetingg -October 14, 2008 -Page 44 of 46 {00011129.DOC /} _ ~~ ~~~ ~~~ ,~,~~.~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, October 14, 2008, 6:00:00 PM To: Mayor and Council From: Kevin Kish, AICP ,Planning Director Item B 1 Subject: Resolution No. 2008-131: ,Relating to Boards, Commissions and Committees; appointments to the Planning Commission. Discussion: Currently there are two vacant seats on the Marana Planning Commission. Commissioner Jack Noble resigned his postion in order to take a position on the Town of Marana Police Citizen Advisory Commission. Commissioner Terri Winger resigned her position due to her relocation out of state. Staff has received applications from interested citizens for the open seats on the Planning and Zoning Commission. The applicants are: Alison Wincheski, John McIntyre, Gary Pound, Michael Wiles and Daniel Lust. ATTACHMENTS: Name: Description: Type: D RE$ P_ Z Commission Appointments.DOC Resolution Resolution Staff Recommendation: Council's pleasure. Suggested Motion:. I move to approve Resolution No. 2008-131, appointing and to the Planning Commission. Special Council Meeting -October 14, 2008 -Page 45 of 46 MARANA RESOLUTION N0.2008-131 RELATING TO BOARDS, COMMISSIONS AND COMMITTEES; APPOINTING CITIZENS TO FILL VACANCIES ON THE PLANNING COMMISSION. WHEREAS Section 2-6-2 of the Marana Town Code establishes a procedure for the Council to fill vacancies on new and existing citizen boards, commissions and committees; and WHEREAS there are two vacancies the Planning Commission as a result of the resignations of Jack Noble and Terri Winger; and WHEREAS applications from citizens interested in applying for the Planning Commission vacancies have been solicited and processed according to the procedures in Marana Town Code Section 2-6-2. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, appointing to fill the vacant Planning Commission seat that was held by Jack Noble, and appointing to fill the vacant Planning Commission seat that was held by Terri Winger, both with tetrns of office expiring on June 30, 2009. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 14~' day of October, 2008. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Special Council Meeting -October 14, 2008 -Page 46 of 46