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HomeMy WebLinkAbout07/20/2010 Council Agenda PacketREGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, July 20, 2010, at or after 7:00 PM Ed Honea, Mayor Herb Kai, Vice Mayor Russell Clanagan, Council Member Patti Comerford, Council Member Carol McGorray, Council Member Jon Post, Council Member Roxanne Ziegler, Council Member ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items appear in italics. As a courtesy to others, please turn off or put in silent mode all pagers and cell phones. Meetin Tg imes Welcome to this Marana Council meeting. Regular Council meetings are usually held the first and third Tuesday of each month at 7:00 p.m. at the Marana Town Hall, although the date or time may change, or Special Meetings may be called at other times and/or places. Contact Town Hall or watch for posted agendas for other meetings. This agenda may be revised up to 24 hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda. Speaking at Meetings If you are interested in speaking to the Council during Call to the Public, Public Hearings, or other agenda items, you must fill out a speaker card (located in the lobby outside the Council Chambers) and deliver it to the Town Clerk prior to the convening of the meeting. All persons attending the Council meeting, whether speaking to the Council or not, are expected to observe the Council Rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. Accessibility To better serve the citizens of Marana and others attending our meetings, the Council Chambers are wheelchair and handicapped accessible. Any person who, by reason of any disability, is in need of special services as a result of their disability, such as assistive listening devices, agenda materials printed in Braille or large print, a signer for the hearing impaired, etc., will be accommodated. Such. Regular Council Meeting -July 20, 2010 -Page 1 of 198 special services are available upon prior request to the Town Clerk at least 10 working days prior to the Council meeting. Agendas Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online at www.marana com, by linking to the Town Clerk page under Agendas, Minutes and Ordinances. For questions about the Council meetings, special services or procedures, please contact the Town Clerk, at 382-1999, Monday through Friday from 8:00 a.m. to 5:00 p.m. Posted no later than Monday, July 19, 2010, 7:00 PM, at the Marina Municipal Complex, the Marina Operations Center and at www,marana.co....m_ under Town Clerk, Agendas, Minutes and Ordinances. REGULAR COUNCIL 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. No electronic capability will be provided by the town beyond existing voice implication and recording (for DVD, CD Rom, USB drives, etc.) 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. PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS PRESENTATIONS 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: Relating to Employer Support of the Guard and Reserve (ESGR) (Suzanne Regular Council Meeting -July 20, 2010 -Page 2 of 198 Machain) C 2: Resolution No. 2010-62: Relating to Real Property; adopting by reference the relocation assistance rules and regulations found in the Uniform Relocation Assistance and Real Property Acquisition Act found at 49 C.F.R. part 24, as required by the amendments to Arizona Revised Statutes Section 11-968 (Cedric Hay) C 3: Ordinance No. 2010.09: Relating to Parks and Recreation; amending the Marana Town Code Title l3 "Parks and Recreation," Section 13-]-3 "Use and occupancy rules and regulations" regarding possession and discharge of firearms in town public parks; and declaring an emergency (Jane Fairall) C 4: Resolution No. 2010-63: Relating to Economic Development; approving and authorizing the Mayor to execute a funding agreement with the Marana Chamber of Commerce, Inc., to support the Marana Visitor Center and economic development activities on behalf of the Town of Marana (Josh Wright) C 5: Resolution No. 2010-64: Relating to Real Estate; accepting the dedication of a portion of Gladden Farms Blocks 18 and 20 Common Area A-12 as right-of--way, and reclassifying and designating a portion of the adjacent open space dedicated to the Town by the subdivision plat of Gladden Farms Blocks 18 and 20 as public right- of-way (Keith Brann) C 6: Resolution No. 2010-65: Relating to Intergovernmental Relations; authorizing and directing Town of Marana representatives concerning proposed Arizona League of Cities and Towns Resolutions (Steve Huffman) C 7: Ordinance No. 2010.10: Relating to Parks and Recreation; amending the Marana Town Code Title 13 "Parks and Recreation," adding chapter 13-2 entitled "Fingerprinting and criminal history records checks of Parks and Recreation personnel and volunteers"; and designating an effective date (Jane Fairall) C 8: Resolution No. 2010-66: Relating to Development; approving and authorizing the Mayor to execute the Willow Ridge Reconciliation Agreement (Frank Cassidy) C 9: Resolution No. 2010-67: Relating to Public Works; approving and authorizing the Mayor to execute an intergovernmental agreement with the Arizona Department of Transportation relating to authorized appropriations for the American Recovery and Reinvestment Act of 2009 for the pavement preservation of Marana Road between I-10 and the western Town limits (Ryan Benavides) C 10: Minutes of the June 15, 2010 and June 22, 2010 special council meeting and June 15, 2010 regular council meeting LIQUOR LICENSES L 1: Relating to Liquor Licenses; recommendation to the state liquor board regarding an Acquisition of Control Change submitted by Nicholas Carl Guttilla on behalf of Wingstop, located at 3662 W. Ina Road BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION Regular Council Meeting -July 20, 2010 -Page 3 of 198 A 1: PUBLIC HEARING: Resolution No. 2010-68: Relating to Development; approving a conditional use permit to allow the development of a new wireless communication facility in Block L of the Dove Mountain Resort II Final Plat (Lisa Shafer) A 2: Resolution No. 2010-69: Relating to Recreation; approving and authorizing the Mayor to execute an intergovernmental agreement between the Arizona Game and Fish Commission and the Town of Marana defining and regulating hunting areas within the Town of Marana (Jane Fairall) A 3: Resolution No. 2010-70: Relating to Economic Development; adopting the Expedited Development Review Incentive Program and authorizing the Town Manager to administer it (Josh Wright) A 4: PUBLIC HEARING: Ordinance No. 2010.11: Relating to Development; approving a rezoning creating the Marana Regional Landfill Specific Plan (Kevin Kish) ITEMS FOR DISCUSSION/POSSIBLERCTION D l: Legislative/Intergovernmental Report: Discussion/Direction/Action regarding all pending state and federal legislation and report on recent meetings of other legislative bodies (Steve Huffman) EXECUTIVE SESSIONS E ] :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 FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion of what items to place on the agenda, if three or more council members request an item to be placed on the agenda, it must be placed upon the agenda for the second regular town council meeting after the date of the request (Marana Town Code, Title 2, Chapter 2-4, Section 2-4-2 B) ADJOURNMENT Regular Council Meeting -July 20, 2010 -Page 4 of 198 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, July 20, 2010, 7:00:00 PM To: Mayor and Council Item C l From: Suzanne Machain ,Human Resources Director Strategic Plan Focus Area: Community Building Subject: Relating to Employer Support of the Guard and Reserve (ESGR) Discussion: The Employer Support of the Guard and Reserve (ESGR) is an organization whose mission is to develop and promote a culture in which all American employers support and value the military service of their employees. They provide free education,consultation, and if necessary, mediation for employers of Guard and Reserve employees. ESGR's goal is to support America's employers who share their employees with our great nation to ensure our national security. The Arizona Committee for ESGR is requesting the Town of Marana to formally acknowledge support of our military employees by signing the attached Statement of Support certificate. By signing this symbolic, non-legally binding Statement of Support and posting it in a prominent place in our organization, we are publicly affirming the Town's support for the brave men and women that we employ that also serve our great Nation. ATTACHMENTS: 'Verne: ~ AZ_ESGR Request for Support.pdf O ESGR_Certifc...ate.pdf Description: AZ ESGR Letter of Request ESGR Statement of Support Certificate Type: Backup Material Backup Material Staff Recommendation: Staff recommends that the Mayor sign the attached statement of support and that this statement be placed in prominent place at the Marana Municipal Complex. Suggested Motion: I move that on behalf of the entire Town of Marana, the Mayor sign the Statement of Support for the Guard and Reserve certificate and direct that it be placed in a prominent place at the Marana Municipal Complex. Regular Council Meeting -July 20, 2010 -Page 5 of 198 ~::~~~~ EMPLOYER SUP ORT OFOTI EI UARD AND RESERVE THE GUARD AND RESERVE 5636 East McDowell Road Phoenix, Arizona 85008-3495 June 8'h, 2010 Town of Marana 11555 W Civic Center Dr Bldg A3 Tucson, AZ 85653 Dear Patti Comerford, ESGR's mission is to develop and promote a culture in which all American employers support and value the military service of their employees. We provide free education, consultation, and if necessary, mediation for employers of Guard and Reserve employees. ESGR's goal is~to support America's employers who share their employees with our great Nation to ensure our national security. One way ESGR assist employers is to inform and educate them on the Uniformed Services Employment and Reemployment Rights Act (USERRA). This is the federal law that establishes the rights and responsibilities for members of the National Guard and Reserve and their civilian employers. USERRA affects employment, reemployment, employment benefits and retention in employment when employees serve or have served in the uniformed services. Because of your established support of your military employees, we have enclosed a Statement of Support certificate. By signing this symbolic, non-legally binding Statement of Support and posting it in a prominent place in your business, you are publicly affirming Town of Marana support for the brave men and women of whom you employ that also serve our great Nation. Please visit National ESGR website www.esgr.mil. This website has a wealth of valuable information that may benefit your business. If you would like to arrange for a formal signing ceremony of your Statement of Support, please call our office at the number below to arrange for ESGR committee representatives to be present. If you have any questions about your Patriotic Employer Award, Statement of Support, or the federal USERRA law, please feel free to call meat (602) 629-4031 or email me at I awre n ce. wi se Cc'il u s. a rm y. m i I. Sincerely, Lawrence (Butch) Wise Executive Director Arizona Committee for ESGR Regular Council Meeting -July 20, 2010 -Page 6 of 198 STATEMENT ~F SUPPORT FOR THE GUARD AND RESERVE **~*~ Town of Marana we recognize the National Guard and Reserve are essential to the strength of our nation and the well-being of our communities. , In the highest American tradition, the patriotic men and women of the Guard and Reserve serve voluntarily in an honorable and vital profession. They train to respond to their community and their country in time of need. They deserve the support of every segment of our society. If these volunteer forces are to continue to serve our nation, increased. public understanding is required of the essential role of the Guard and Reserve in preserving our national security. Therefore, we join other employers in pledging that: We fully recognize, honor and enforce the Uniformed Services Employment and Reemployment Rights Act (USERRA). • Our managers and supervisors will have the tools they need to effectively manage those employees who serve in the Guard and Reserve. We will continually recognize and support our country's service members .and their families in peace, in crisis, and in war. Employer ~~~ Chaff Secretary of De e National Committee for Employer Support of the Guard and Reserve Date Regular Council Meeting -July 20, 2010 - Page. 7 of 19~MPLOYER SUPPORT OF THE GUARD AND RESERVE -~="="~~ ~~t~ ~~~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, July 20, 2010, 7:00:00 PM To: Mayor and Council Item C 2 From: Cedric Hay ,Senior Assistant Town Attorney Strategic Plan Focus Area: Progress and Innovation Subject: Resolution No. 2010-62: Relating to Real Property; adopting by reference the relocation assistance rules and regulations found in the Uniform Relocation Assistance and Real Property Acquisition Act found at 49 C.F.R. part 24, as required by the amendments to Arizona Revised Statutes Section 11-968 Discussion: The Town follows the rules and regulations established by the Uniform Relocation Assistance and Real Property Acquisition Act, also known as the Uniform Act, for all town projects that receive Federal funding and involve the acquisition of private property. These rules are found at 49 C.F.R. part 24. In the spring of 2010 the Arizona State Legislature passed Senate Bill 1366 making it a requirement that jurisdictions adopt relocation assistance rules and regulations that are not in conflict with the laws of the state and that provide, at a minimum, the level of relocation assistance prescribed in 49 Code of Federal Regulations Sections 24.201 through 24.503, the Uniform Act. This resolution adopts the Uniform Act by reference as required by the passage. of Arizona Senate Bill 1366. There will be no impact in the way Town projects are managed since these rules and regulations are already followed. ATTACHMENTS: Nat~~e: Description: Type: O Reso_re adopto...n of Uniform Relocation_Assista.n..ce Act Resolution adopting relocation assistance €~ules and regulations Resaiution (0.0022040).DOC Staff Recommendation: Staff recommends approval of this resolution adopting the Uniform Act by reference. Suggested Motion: I move to adopt Resolution 2010-62, adopting by reference the relocation rules and regulations of the Uniform Act found at 49 C.F.R. part 24. Regular Council Meeting -July 20, 2010 -Page 8 of 198 MARANA RESOLUTION N0.2010-62 RELATING TO REAL PROPERTY; ADOPTING BY REFERENCE THE RELOCATION ASSIS- TANCE RULES AND REGULATIONS FOUND IN THE UNIFORM RELOCATION AS5IS- TANCEAND REAL PROPERTY ACQUISITION ACT FOUND AT 49 C.F.R. PART 24, AS RE- QUIRED BY THE AMENDMENTS TO ARIZONA REVISED STATUTES SECTION 11-968 WHEREAS in the exercise of its rights of eminent domain, the Town follows the rules and regulations established by the Uniform Relocation Assistance and Real Property Acquisition Act codified at 49 Code of Federal Regulations Part 24 (the Uniform Act) for all projects that receive federal funding; and WHEREAS the Arizona State Legislature passed Senate Bill 1366 which amended Arizona Revised Statutes Section 11-968 making it a requirement that the Town adopt relocation assistance rules and regulations that are not in conflict with the laws of this state and that provide at a mini- mum, the level of relocation assistance proscribed in the Uniform Act; and WHEREAS the Town Council finds that adoption of these regulations are in the best interests of the Town and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL, OF THE TOWN OF MARANA, ARIZONA, that the rules and regulations established by the Uniform Act located at 49 C.F.R. part 24 are hereby adopted for use by the Town of Marana. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MA- RANA, ARIZONA, this 20t1i day of July, 2010. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regular Council Meeting -July 20, 2010 -Page 9 of 198 {00022040.DOC /} 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCII. CHAMBERS, July 20, 2010, 7:00:00 PM To: Mayor and Council Item C 3 From: Jane Fairall ,Deputy Town Attorney Strategic Plan Focus Area: Not Applicable Subject: Ordinance No. 2010.09: Relating to Parks and Recreation; amending the Marana Town Code Title 13 "Parks and Recreation," Section 13-1-3 "Use and occupancy rules and regulations" regarding possession and discharge of firearms in town public parks; and declaring an emergency Discussion: During the last legislative session, the Arizona state legislature passed House Bill 2543 which limits the ability of cities and towns to regulate the possession of firearms in public parks. Previously, municipalities could limit the possession of firearms in public parks to only those persons who possessed a concealed weapons permit, with some limited exceptions. However, with the passage of HB 2543, cities and towns are prohibited from having such an ordinance. Currently, the Marana Town Code prohibits the possession of firearms in its public parks, unless: the possessor carries a concealed weapons permit or falls within one of the other exceptions listed in state law (e.g., is engaged in a firearm safety course, is at a permitted shooting event, etc.). These regulations are listed in Section 13-1-3(A)(16) of the Town Code. The proposed ordinance will strike subparagraph 16 from the Town Code in its entirety, in order to comply with the new state law as passed by HB 2543. HB 2543 also amended provisions of state law regarding a municipality's ability to regulate the discharge of firearms in public parks. Current law provides that a city or town may limit or prohibit the discharge of firearms in public parks except in a number of specifically delineated circumstances. One of those circumstances in which the discharge of firearms in a public park may not be regulated by a city or town is in an area of a park that is recommended for hunting by the game and fish department and the chief of police of the municipality. HB 2543 has amended this section to state that the hunting area within the park must be approved by the game and fish department (rather than recommended). Additionally, HB 2543 eliminates the role of the local chief of police in designating an area within a park as a hunting area for purposes of regulating the discharge of firearms in parks. Currently, the Town Code prohibits the discharge of firearms in Town public parks, except as permitted by state law. These regulations are listed in Section 13-1-2(A)(17). The proposed ordinance will renumber existing subparagraph 17 as subparagraph 16 (replacing the repealed subparagraph 16) and will amend it to comply with state law regarding the designation of Regular Council Meeting -July 20, 2010 -Page 10 of 198 approved hunting areas. Because the new state law goes into effect July 29, 2010, the proposed ordinance contains an emergency clause in order to make it immediately effective. ATTACHMENTS: Name: Descril~t~on: Type: ^ Ordin._.r..e__possesson- dscharge_of firearms in parks Ordinance j 00.0..2.1._686..-31._D OC Staff Recommendation: Ordinance Staff recommends approval of the proposed ordinance in order to comply with state law. Suggested Motion: I move to adopt Ordinance 2010.09, amending Title 13 of the Marana Town Code, Section 13-1- 3 regarding possession and discharge of firearms in town public parks; and declaring an emergency. Regular Council Meeting -July 20, 2010 -Page 11 of 198 MARANA ORDINANCE N0.2010.09 RELATING TO PARKS AND RECREATION; AMENDING THE MARANA TOWN CODE TITLE 13 "PARKS AND RECREATION," SECTION 13-1-3 "USE AND OCCUPANCY RULES AND REGULATIONS" REGARDING POSSESSION AND DISCHARGE OF FIREARMS IN TOWN PUBLIC PARKS; AND DECLARING AN EMERGENCY WHEREAS the Town Council is authorized by A.R.S. § 13-3108 to adopt ordinances and rules regarding the possession and discharge of firearms in Town parks; and WHEREAS the Town Council finds that the regulations established by this ordinance are necessary for the public health, safety and general welfare of the Town of Marana. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. Paragraph A of Section 13-1-3 of the Marana Town Code, setting forth unlawful activities in any town park, is hereby revised by repealing existing subparagraph 16, renumbering existing subparagraphs 17 and 18 as subparagraphs 16 and 17, respectively, revising any cross-references to these subparagraphs to conform to the renumbering and amending existing subparagraph 17 as follows (with deletions shown with st-~i~l~ee~tt~ and additions shown with double underlinin>?): A. It is unlawful in any town park to: [Subparagraphs 1 through 15 remain unchanged] 4F Dnnn n nr n~rni ~ firn.erm ~ nilnr+hn fnlln~uinn n mnM nnnn• a. 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L,n,+° • u7 - rl°~.°Inn°r! n .°rl rJ nl.,n,+°rJ hnni-!r~ ~ n c.+°I r.~~inlv°r ~ . ~° r+hn+.-~~~r. n r r~+h°r ~~i°nr ~nn +h n+ will ° °I e. r•1° ~ ~ f e.ir~n°r! +n r. °I n e ~eaail, ~a ~ oe ~er#ed , r~ee+~~ e~c ea~ ~e t}~ n,.+inr, of ^ y ~,- e~n ivS ~I~t , - - ivfi ~eeS p - --p nnla~~e~rm +h^+ icy in nGTm~ e~}~y~ F ~- ~ T nnhl° nnfine°0 nn fine +h n+ in ~ sir by c +inn 4 Z 4 1++= se rhea„Tr~vrrw-mar~T;'e~v~red-oTaes~rr-rP-~- 4/D\/4 Q\/n\ nor! /h\ nr7 +h n+ ie. n nine rn~ ~c.lv nnc.+°rJ n+ nll n~ ~hlin °n+rr,nn°n nor! n+ in+°nrnl~ of n ° fn~~r+h mil° nr I°nn urh°r° +hn n^rL nr rJ°v°Inn°r•I nr imnrnv°rl ^ ~ h-~~. n n°rimrn+nr 1~~. Discharge a firearm. a. This subparagraph 1~~ does not apply to a person who discharges a firearm under the following circumstances: i. As allowed pursuant to A.R.S. title 13, chapter 4; ii. On a properly supervised range as defined in A.R.S. § 13-3107; iii. In an area r v r°^nmmnnr+nrl as a hunting area by the Arizona game and fish department n^~' n ,°rl nnrl nn°+°a ., r°n,.ir°.+ "„ +hn „hi°f .,f n.,li^°; provided, however, that any such area may be closed when deemed unsafe by +"° ^hi°f „f r,nli^° nr the director of the Arizor-a game and fish department; iv. To control nuisance wildlife by permit from the Arizona game and fish department or the United States fish and wildlife service; v. By special permit of the chief of police; Regular Council Meeting -July 20, 2010 -Page 13 of 198 Marana Ordinance 2010.09 - 2. - {00021686.DOC / 3 } vi. As required by an animal control officer in performing duties specified in A.R.S. § 9-499.04 and title 11, chapter 7, article 6 and title 6 of this code; vii. In self-defense or defense of another person against an animal attack if a reasonable person would believe that deadly physical force against the animal is immediately necessary and reasonable under the circumstances to protect oneself or the other person. b. For the purposes of this subparagraph 1~~, "firearm" sa;~;~s-t~x~„T,~ mc~r~inrr tee. .J ef~., e.J ~., con+;,,., ~4 ~_4/D\/dR\/.d\/iii means anV loaded Or unl a ed_ handaun. pistol. revolver. rifle. shotaun or other weapon that lu expel. Is aeslanea to expel or may regally oe convertea to exoe~ roiectile by the action of an explosive. but does not include a firear hat is in permanently inoperable condition. SECTION 2. IT IS FURTHER ORDAINED that, since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this ordinance become immediately effective, an emergency is hereby declared to exist, and this ordinance shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 20~' day of July, 2010. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regular Council Meeting -July 20, 2010 -Page 14 of 198 Marana Ordinance 2010.09 - 3 - {00021686.DOC / 3} 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, July 20, 2010, 7:00:00 PM To: Mayor and Council Item C 4 From: Josh Wright., Assistant to the Town Manager Strategic Plan Focus Area: Commerce Strategic Plan Focus Area -Additional Information: The "Commerce" section of the Marana Strategic Plan includes the following action strategy: "continue support of and increase interaction and co-sponsored programs with the Marana Chamber of Commerce." The proposed agreement with the Marana Chamber of Commerce will also assist the Town in completing its action strategies under the "Tourism & Visitor Experience" focus area of the Marana Economic Roadmap. Subject: Resolution No. 2010-63: Relating to Economic Development; approving and authorizing the Mayor to execute a funding agreement with the Marana Chamber of Commerce, Inc., to support the Marana Visitor Center and economic development activities on behalf of the Town of Marana Discussion: The Town of Marana has partnered with the Marana Chamber of Commerce for several years to promote economic development and tourism activities in the greater Marana area. The Chamber primarily operates the Marana Visitor Center, a registered affiliate of the Arizona Office of Tourism's Local Visitor Information Center (LVIC) program, and acts as a liaison between the Town and the Marana business community. The proposed funding agreement between the Town and Chamber would continue this partnership through June 30, 2011, at a budgeted expense of $30,000 to the Town. This figure represents a $10,000 reduction from the amount paid to the Chamber in FY 2009-2010, reflecting the economic downturn and its effect on the Town's general fund revenues. Included in the proposed agreement are performance measures the Chamber is expected to meet over the course of FY 2010-2011, including operation of the Marana Visitor Center, production and distribution of tourism and economic development materials, and support of the Town's economic and workforce development initiatives. The Chamber will also be required to report annually on its activities and progress in meeting all performance measures. Financial Impact: Regular Council Meeting -July 20, 2010 -Page 15 of 198 The proposed agreement with the Marana Chamber of Commerce will implement an expenditure of $30,000 as planned in the FY 2011 budget for support of economic development and tourism activities. ATTACHMENTS: \ame: Description: Type: ^ RE.S....O_.chambe..r agreement 10-11.DOC Reso4utiort ResoEutian ^Ghamber contract FY_1.0- 1_1 (00021690).DOC Ghamber Agreement Backup Material ^ Cha..mber contract Exhibit A FY 10-1 i.doc Exhibit A to Ghamber Agreement Backup Material Staff Recommendation: Staff recommends approval of the proposed agreement. Suggested Motion: I move to adopt Resolution 2010-63, approving and authorizing the Mayor to execute a funding agreement with the Marana Chamber of Commerce, Inc., to support the Marana Visitor Center and economic development activities on behalf of the Town of Marana. Regular Council Meeting -July 20, 2010 -Page 16 of 198 MARANA RESOLUTION N0.2010-63 RELATING TO ECONOMIC DEVELOPMENT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A FUNDING AGREEMENT WITH THE MARANA CHAMBER OF COMMERCE, INC., TO SUPPORT THE MARANA VISITOR CENTER AND ECONOMIC DEVELOPMENT ACTIVITIES ON BEHALF OF THE TOWN OF MARANA WHEREAS the Town of Marana has established the need for economic development activities to ensure a sustainable community; and WHEREAS the Marana Strategic Plan identifies continued partnership with and support of the Marana Chamber of Commerce as an action strategy; and WHEREAS the Marana Chamber of Commerce operates a Visitor Center and other services for the community that provide information about Marana attractions and business services benefitting the Town and its residents; and WHEREAS the Town Council finds that adoption of a funding agreement with the Marana Chamber of Commerce as set forth in this resolution is in the best interests of the Town and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Mayor is authorized and directed to execute a funding agreement with the Marana Chamber of Commerce, Inc., for fiscal year 2010-2011. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL, OF THE TOWN OF MARANA, ARIZONA, this 20th day of July, 2010. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regular Council Meeting -July 20, 2010 -Page 17 of 198 FUNDING AGREEMENT MARANA CHAMBER OF COMMERCE, INC. THIS FUNDING AGREEMENT ("Agreement") is entered into by and between the TowN of MARANA, an Arizona municipal corporation ("Town") and the Marana Cham- ber of Commerce,. Inc., an Arizona 501(c)(6) nonprofit corporation ("Chamber"). The Town and the Agency. are sometimes referred to collectively as the "Parties," either of which is sometimes individually referred to as a "Party." RECrTALs A. Town has established a need for economic development activities to ensure a sustainable community. B. Chamber operates a Visitor Center and other services for the business commu- nity that provide information about Town's attractions and business services benefitting the Town and its residents. C. Town has determined that the general welfare of the citizens of Marana will be substantially advanced by authorizing the funding under the terms and conditions and for the purposes as set forth in this Agreement. D. The Parties acknowledge that tracking Town payments and Chamber outputs and outcomes resulting from Town funding is prudent practice to assure that public funds are appropriately used and that the public receives the anticipated benefits of the funding. AGREEMENT NOW, THEREFORE, based on the foregoing recitals, which are incorporated here by reference, the Parties agree as follows: Section 1. Funding. Town hereby commits $30,000 of funding from Town's Fis- cal Year 2010-2011 budget to Chamber to fund general assistance for Chamber activities. Section 2. Outputs. Between July 1, 2010 and June 30, 2011, Chamber hereby agrees to provide the following outputs with Town general assistance funding provided under this agreement: 2.1. Chamber will operate the Marana Visitor Center during established busi- ness hours of 8:30 AM - 4:30 PM, Monday through Friday and observing regular holidays, and comply with all regulations established by the Arizona Office of Tourism for the operation of Local Visitor Information Centers. 2.2. Chamber will provide ten opportunities for representatives of Town to address the Marana business community. These opportunities may be as part of another event organized by Chamber, including Chamber networking breakfasts, Regular Co~t~~rgl~~~acl~~ ~B,~O~~Page 18 of 198 _ 1 _ monthly lunches, legislative and economic development briefings, or other similar events. 2.3. Chamber will produce and distribute a map of Marana streets and incor- porated boundaries and a membership directory. Town may request from Cham- ber amaximum of 2,500 maps and 3,000 directories for its own distribution. 2.4. Chamber will assign a representative to serve as an ex-officio member of Town's Business and Economic Development Advisory Commission. 2.5. Chamber will organize and execute the "Business for aDay/Principal for a Day" program to promote better communication between the business and edu- cation sectors and shall participate in any workforce development initiatives or- ganized and implemented by Town. 2.6. Chamber will provide to all new Marana businesses a "welcome packet" containing information on Marana and local business resources. Town will pro- vide Chamber with a monthly list of new business licenses issued in Marana. 2.7. Chamber will organize and execute the "State of the Town" event to pro- vide Town officials the opportunity to address the community on current affairs. 2.8. Chamber will collaborate with Town on questions and methodology used in the annual survey conducted by Chamber in conjunction with Western Associa- tion of Chamber Executives. Section 3. Payments. Town shall pay Chamber in three installments of $10,000 each, once per quarter excepting the fourth quarter of Town's fiscal year, upon receipt of Payment Request Form attached as Exhibit A. Section 4. Reporting. Within 30 days following the end of Town's fiscal year on June 30, 2011, Chamber shall submit to Town a written annual report demonstrating Chamber's compliance with each of the outputs listed in Section 2 of this Agreement. Town may additionally request a written or oral report from Chamber at any time demon- strating Chamber's progress in complying with each of the outputs listed in Section 2 of this Agreement. Section 5. Required Insurance. Before receiving any payment under this Agree- ment, Chamber shall provide insurance certifications evidencing the following coverages for at least the term of this Agreement: 5.1. $1,000,000 per occurrence general liability coverage with Town listed as additional insured. 5.2. $1,000,000 per occurrence automobile liability coverage with Town listed as additional insured (if the Chamber has vehicles). 5.3. $1,000,000 per occurrence directors and officers coverage with Town listed as additional insured. 5.4. State of Arizona minimum workers' compensation coverage (if Chamber has paid staff). Regular Co~~~rgl~~l~£ctl~~ ~B,~Od~Page 19 of 198 _ 2 _ Section 6. Corporate Documents. Before receiving initial payment under this Agreement, Chamber shall ensure that copies of the following Chamber documentation, including any and all amendments are on file with Town: 6.1. Articles of incorporation. 6.2. Current bylaws. 6.3. List of current members of Chamber's Board of Directors. 6.4. Current fiscal year's budget approved by Chamber's Board of Directors. 6.5. Internal Revenue Service designation letter. Section 7. Amendments to Insurance and Documentation. True and accurate cop- ies of any amendments during the term of this Agreement to coverages or terms of insur- ance required by Section 5 above or to Chamber's corporate documentation. listed in Section 6 above shall be provided to the Town as soon as practicable after approval, but in any event not later than one calendar week after they become effective. Amendments that reduce the insurance coverages below the minimums set forth in Section 5 above or that in the Town's reasonable opinion materially affect the Chamber's ability to deliver the outputs set forth in Section 2 above constitute default for which Town may withhold payment until Chamber restores the minimum insurance coverages or restores Chamber's ability to deliver the outputs. Section 8. Default and Dispute Resolution. If either Party defaults (the "Default- ing Party") with respect to any of that Party's obligations under this Agreement, the other Party (the "Non-Defaulting Party") shall be entitled to give written notice in the manner prescribed in Section 9 below to the Defaulting Party, stating the nature of the default claimed and demanding that the default be corrected. The Defaulting Party shall then have 20 days from the date of the notice within which to cure the default. If any default is not cured within 20 days, then the Non-Defaulting Party shall be Town, its officers, em- ployees, and agents from and against any and all claims relating to Chamber's activities, including but not limited to those funded in whole or in part by this Agreement. Section 9. Manner of Serving. All notices, filings, consents, approvals and other communications provided for in or given in connection with this Agreement shall be val- idly given, filed, made, transmitted or served if in writing and delivered personally or sent by registered or certified United States mail, postage prepaid, to (or to such other addresses as any Party may from time to time designate in writing and deliver in a like manner): To Town: TOWN OF MARANA Town Manager 11555 West Civic Center Drive, Building A3 Marana, Arizona 85653 Regular Co~~l~g~ll~~acl~~~ ~~~1~~®CPage 20 of 198 _ 3 _ With a copy to: TOWN OF MAxANA Town Attorney 11555 West Civic Center Drive Building A3 Marana, Arizona 85653 To Chamber: Marana Chamber of Commerce, Inc. 13881 North Casa Grande Highway Marana, Arizona 85653 Section 10. Waiver. No delay in exercising any right or remedy shall constitute a waiver of that right or remedy, and no waiver by Town or Chamber of the breach of any term of this Agreement shall be construed as a waiver of any preceding or succeeding breach of the same or any other term of this Agreement. Section 11. Attorne_y's Fees. If any Party brings a lawsuit against any other Party to enforce any of the terms of this Agreement, or by reason of any breach or default of this Agreement, the prevailing Party shall be paid all reasonable costs and, reasonable at- torneys' fees by the other Party, in an amount determined by the court and not by the jury. Nothing in the use of the word "lawsuit" in the preceding sentence shall constitute a waiver, requiring disputes to be resolved by binding arbitration. Section 12. Headin;s. The descriptive headings of this Agreement are inserted to assist in understanding the meaning and construction of this Agreement. Section 13. Recitals. The Recitals set forth at the beginning of this Agreement are hereby acknowledged, confirmed to be accurate and incorporated here. Section 14. 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. Section 15. Time Essence. Time is of the essence for purposes of this Agreement. Section 16. No Assignment. The Agency's obligations under this Agreement may not be assigned without the written consent of the Town Manager or his designee. Section 17. No Partnership and Third Parties. It is not intended by this Agreement to, and nothing contained in this Agreement shall, create any partnership, joint venture or other arrangement between Town and Chamber. 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. Section 18. 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. Section 19. Imposition of Duty b~ Law. This Agreement does not relieve any Party of any obligation or responsibility imposed upon it by law. Regular Co~i~~~@l~~~act~'f~ ~B,~O~~Page 21 of 198 _ 4 _ Section 20. Entire Agreement. This Agreement constitutes the entire agreement between the Parties pertaining to the subject matter of this Agreement. All prior and con- ` temporaneous agreements, representation and understanding of the Parties, oral or writ- ten, are hereby superseded and merged in this Agreement. Section 21. Amendments to Agreement. 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 rea- sonablynecessary to accomplish the goals expressed by this Agreement. Section 22. Good Standing; Authority. Chamber represents and warrants to Town that it is duly formed and validly existing under the laws of the State of Arizona. Town represents and warrants to the Agency 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. Section 23. Severability. If any provision of this Agreement is declared void or unenforceable, it shall be severed from the remainder of this Agreement, which shall oth- erwise remain in full force and effect. Section 24. Governin~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. Section 25. Interpretation. This Agreement has been negotiated by Town and Chamber, and no Party shall be deemed to have drafted this Agreement for purposes of construing any portion of this Agreement for or against any Party. Section 26. Force Majeure. If any Party is unable to perform under this Agree- ment by reason of "force majeure," then the failure to perform shall not constitute a de- fault under this Agreement as long as the non-performing Party uses its best effort to remedy with all reasonable speed the event or condition causing the non-performance and performance can be restored within a reasonable amount of time. "Force majeure" means any condition or event not reasonably within the control of a Party, including without limitation, "acts of God," strikes, lock-outs, or other disturbances of employer/employee relations; acts of public enemies; orders or restraints of any kind of government of the United States or any state thereof or any of their departments, agencies, or officials, or of any civil or military authority; insurrection; civil disturbances; riots; epidemics; land- slides; lightning; earthquakes; subsidence; fires; hurricanes; storms; droughts; floods; ar- rests, restraints of government and of people; explosions; and partial or entire failure of utilities. Section 27. Conflict of Interest. This Agreement is subject to A.R.S. § 38-511, which provides for cancellation of contracts by government entities in certain instances involving conflicts of interest. Section 28. Effective Date; Term. This. Agreement is effective on the date of the last Party's signature below and shall automatically terminate and shall thereafter be void for all purposes on July 1, 2011, unless sooner terminated by the mutual consent of the Parties. Regular Co~-~~r@l~~~act~~'~ ~B,~O~~Page 22 of 198 _ 5 IN wrTNESS WHEREOF, the Parties have executed this agreement as of the date set forth below their respective signatures. The Town: THE TOWN OF MARANA, an Arizona municipal corporation By: Ed Honea, Mayor Date: ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney A. Payment request form The Agency: Marana Chamber of Commerce, Inc., an Arizona SOI (c) 6non-profit corporation By: Printed: Its: Date: ExxIBIT Regular Co~4~~~g~Cli~~act~~~ ~~~121~®CPage 23 of 198 _ ( _ MARANA Agency/Contractor: Project Name: TOWN OF MARANA EXHIBIT A -PAYMENT RE6~UEST FORM (FY 2010-2011) Prepared by: Name: Title: Authorized by: Authorized Signer Date: Period Reimbursement Requested For: Payment Number; Line Item Line Item Description Expenditures This Period: + / -Adjustments (Program Income/Other): Net Request This Period: Approved Expenditures Expenditures Budget (A) This Period (B) Prior Periods (C) Balance (D) 1. Services Support $ 40,000.00 $ -0- $ -0- $ 40,000.00 2 3. 4. 5. TOTAL CmusT total Town of Marano awarcp $ $ $ $ NOTE: For each line item, the figures in Columns (B), (C), and (D) must total the figure in Column (A). MANAGERS APPROVAL: FINANCE APPROVAL: QUARTERLY REPORT RECEIVED: ^ YES DATE: CHECK NUMBER; DATE; All requests for budget changes are required to be submitted in writing and approved by Community Services Department. Changes will only be allowed as long as the total dollar amount contracted for remains the same, the costs are eligible and the 20°~ administrative cap is not exceeded. Failure to submit timely quarterly pertormance measures reports may delay the processing of payment requests. Regular Council Meeting -July 20, 2010 -Page 24 of 198 ~' - ,> 1 ~ 1~ ~~1~~ rte., o, .....,-, 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, July 20, 2010, 7:00:00 PM To: Mayor and Council Item C 5 From: Keith Brann ,Town Engineer Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2010-64: Relating to Real Estate; accepting the dedication of a portion of Gladden Farms Blocks 18 and 20 Common Area A-12 as right-of-way, and reclassifying and designating a portion of the adjacent open space dedicated to the Town by the subdivision plat of Gladden Farms Blocks 18 and 20 as public right-of- way Discussion: Gladden Farms Community Association proposes to dedicate a portion of Common Area A-12 of Gladden Farms Block 18 and 20 as public right-of-way to provide public access connecting Tare Lane in Gladden Farms Block 18 and 20 to future proposed Gladden Farms Block 35, across the future public right-of-way proposed as Penelope Lane. The proposed right-of-way dedication is legally described in Exhibit A and depicted in Exhibit A-1 attached to the proposed resolution. The Town of Marana needs to reclassify a portion of the adjacent open space dedicated to the Town by the subdivision plat of Gladden Farms Blocks 18 and 20 as public right-of--way to complete the creation of the connecting road. The proposed open space reclassification area needed to make the right-of--way connection is legally described in Exhibit B and depicted in Exhibit B-1 attached to the proposed resolution. The proposed resolution authorizes the Town Engineer to execute all documents necessary to accept the dedication and reclassify the open space described above. Financial Impact: There is no financial impact to the Town from the proposed dedication and reclassification. The portion of Common Area A-12 that is being dedicated is already paved, and further construction and related improvements are at the developer's expense. ATTACHMENTS: Name: Description: Type: ^ Gladden common area open.._space to_ROW_ Reso Accepting Gladden 18 and 20 GA and OS to (00022003] DOG RGW Resolution Regular Council Meeting -July 20, 2010 -Page 25 of 198 ^ Legal_Desc._ Depiction. Ex_A _A-1._pdf Exhibit A, A-. Exhibit ^ Legal_Desc___Depicton_Ex B,B-1.pdf Exhibit B; B-i Exhibit Staff Recommendation: Staff recommends adoption of the proposed resolution, accepting the dedication of a portion of Gladden Farms Block 18 & 20 Common Area A-12 as public right-of--way and reclassifying adjacent dedicated open space as public right-of--way. Suggested Motion: I move to adopt Resolution 2010-64, accepting the dedication of a portion of Gladden Farms Blocks 18 and 20 Common Area A-12 as right-of-way, and reclassifying and designating a portion of the adjacent open space dedicated to the Town by the subdivision plat of Gladden Farms Blocks 18 and 20 as public right-of-way. Regular Council Meeting -July 20, 2010 -Page 26 of 198 MARANA RESOLUTION N0.2010-64 RELATING TO REAL ESTATE; ACCEPTING THE DEDICATION OF A PORTION OF GLADDEN FARMS BLOCKS 18 AND 20 COMMON AREA A-12 AS PUBLIC RIGHT-OF- WAY, AND RECLAS SIFYING AND DESIGNATING A PORTION OF THE ADJACENT OPEN SPACE DEDICATED TO THE TOWN BY THE SUBDIVISION PLAT OF GLADDEN FARMS BLOCKS 18 AND 20 AS PUBLIC RIGHT-OF-WAY WHEREAS the developer of Gladden Farms desires to create a new public road connecting Tare Lane in Gladden Farms Blocks 18 and 20 to a future public roadway in future proposed Glad- den Farms Block 35; and WHEREAS a portion of Gladden Farms Blocks 18 and 20 Common Area A-12 is being of- fered for dedication as right-of--way to accomplish the creation of the connecting road; and WHEREAS it is necessary to reclassify and designate a portion of the adjacent open space dedicated to the Town by the subdivision plat of Gladden Farms Blocks 18 and 20 as public right-of- way to complete the creation of the connecting road; and WHEREAS the Mayor and Council of the Town of Marana find that the public interests are served by accepting the dedication and reclassifying the open space for purposes of creating the public connecting road. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, Arizona, as follows: SECTION 1. The Town Engineer is hereby authorized to execute all documents and do all things necessary to accept the dedication of that portion of Gladden Farms Blocks 18 and 20 Com- mon Area A-121egally described and depicted in Exhibit A and A-1, respectively, attached to and incorporated by this reference in this resolution, upon determining that the dedication is free and clear of all liens and encumbrances. SECTION 2. The Town Engineer is hereby authorized to execute all documents and do all things necessary to reclassify and designate as public right-of--way that portion of the open space dedicated to the Town by the subdivision plat of Gladden Farms Blocks 18 and 20 legally described and depicted in Exhibit Band B-1, respectively, attached to and incorporated by this reference in this resolution, after the dedication referenced in Section 1 of this resolution is completed. Regulq~e~l~e~ri~_~luly 20, 2010 -Page 27 of 198 _ 1 - {00022oo3.DOC /} SECTION 3. The Town Engineer and town staff are hereby authorized to take all other ac- tions and execute all other documentation necessary to carry out this resolution. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL, OF THE TOWN OF MARANA, ARIZONA, this 20~' day of July, 2010. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Reguly~e~l~~tf'y~~_b~luly 20, 2010 -Page 28 of 198 _ 2 _ {00022003_DOC /} t s ... EXHIBIT 'A' ~,~, LEGAL DESCRIPTION A PORTION OF COMMON AREA "A-12" OF GLADDEN FARMS BLOCKS 18 & 20 ACCORDING TO THE FINAL PLAT RECORDED IN BOOK 60 OF MAPS AND PLATS AT PAGE 37, RECORDS OF THE PIMA COUNTY RECORDER, PIMA COUNTY, ARIZONA; DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHEAST CORNER OF SAID COMMON AREA "A-1Z"; THENCE SOUTH 00°30'05" EAST 8.10 FEET UPON THE EAST LINE OF SAID COMMON AREA "A-12" TO THE POINT OF BEGINNING; THENCE CONTINUE 5OUTH 00°30'05" EAST 46.00 FEET UPON SAID EAST LINE; THENCE SOUTH 89°29`55" WEST 94.00 FEET TO A TANGENT CURVE CONCAVE SOUTHEASTERLY; ~ THENCE SOUTHWESTERLY UPON THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 90°00'00", FOR AN ARC DISTANCE OF 39.27 FEET TO A POINT OF CUSP WITH THE TANGENT EAST LINE OF TARE LANE; THENCE NORTH 00°30`05" WEST 96.00 FEET UPON SAID EAST LINE OF TARE LANE TO A POINT OF CUSP OF A TANGENT CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY UPON THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 90°00'00", FOR AN ARC DISTANCE OF 39.27 FEET TO A TANGENT LINE; THENCE NORTH 89°29'55" EAST 94.00 FEET TO THE POINT OF BEGINNING. CONTAINING 5,742 SQUARE FEET, MORE OR LESS. G:\GtADDEN\3321_BLK3820~1egals\3321 LG03 li4W.DOC PAGE 1 OF 2 R~c~~~PIEil~ll~tfi~uitft~l$t2C, ~t~9~ Pof '~~t 8 • {524) 795.1000 • Fax: (520) 322•b45b • www.rickenginoering.com .. ~ ..~ - EXHIBIT 'q_1- I 1 W Z a J WI Q H' dBCE"`^- NAME DIRECTION tENGTW \ FOR REF .~ _~ __n_-~ ~__ EASTI~q ° ti S 4 30 05 E ' " 8.10 SEC 34 t2 N 89°29 55 E 50.00 CURVE TABt£ NAME DEi,TA RADIUS ' ARC C1 90° 00' 00" 25.00 -~~39.27 0 C2 ' 39.27 0 ~ ~~ ~n ~~ ~~ @725 S~' M ~' L~ o ~~ POC Z Lt, ~ l ~=~ o ,-~,_ j REMAINDER CA , A-7 2" ~ - L2 r - -, LLB w o o cr+ ' _ ~ _ ~ ~ 1~ ~ ~~ ~E _ __ _ '~,- o _, O :' - ' -. R£MA I NDER CA 'A-12 ' . ~1 ~~ @~~~ ~~ 1 o @~7~ sF ~ -~ ~rrr~ ~~~ 1745 EAST RNER ROAD -SUITE'! 0i ~ TucsoH, Az 8571 s ~ 520.795.1000 -~ EN INEERtNO COMPANY lFp~~ 92 ~q ,~ J it NT~~t~~20J~vZtT'ZO'10 - Paae 30 of 198 Gt\GLAQQEN\3321-81_Kf820\IPnn1s\3221IG03_ROW.QGN as wz ~Q a~ v~ o~ wQ 0 w~ ~o a~ ~~ z~ w ~o 0 ~ SCAtE: 1" = 40' PAGE 2 OF 2 -NOV-2Q48 ti EXHIBIT "B' ENGINEERING GOA4PANX LEGAL DESCRIPTION A PORTION OF THE OPEN SPACE DEDICATED TO THE TOWN OF MARANA IN GLADDEN FARMS BLOCKS 18 AND 20, A SUBDMSION RECORDED IN BOOK 62 OF MAPS AND PLATS AT PAGE 64, RECORDS Of THE PIMA COUNTY RECORDER, PIMA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SECTION 34, TOWNSHIP 11 SOUTH RANGE 11 EAST, GILA AND SALT RNER MERIDIAN, AS SHOWN ON THE PLAT OF SAID GLADDEN FARMS BLOCKS 18 AND 20; THENCE SOUTH 00°30'03" EAST 470.05 FEET UPON THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 34 TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 00°30'03" EAST 4fi.00 FEET UPON. SAID EAST LINE; THENCE SOUTH 89°29'55" WEST 50.00 FEET TO THE WEST LINE OF SAID OPEN SPACE AREA; BEING ALSO THE EAST LINE OF COMMON AREA °A-12", AS SHOWN ON SAID PLAT; THENCE NORTH 00°30'05" WEST 46.00 FEET UPON SAID WEST LINE; THENCE NORTH 89°29'55" EAST 50.00 FEET TO THE POINT OF BEGINNING. CONTAINING 2,300 SQUARE FEET MORE OR LESS. G:~GLADDEN_II~3fi 18_b1k35_39~legals~36 iSLG07,, JtOW_BLlC18&20.doc REVISED 1Z/10/~ PAGE 1 OF 2 1745 East Rives Road • Suite t QI • 'Ll~caon • Arimns •85718 • (520) 795-1000 • Fax: (520) 322-6956 • www.rickatgincering.can Regular Council Meeting -July 20, 2010 -Page 31 of 198 EXH1BiT 'B-1' EAST'~4 SEC 34 0 i~ 29 D a 4 ~ SCALE: 1" = 40' v .~ a~ ~` I ~~~J r ~J r ~si~~1J~ w a ~ ~ ~ ~r J~J~~~ ~L~~J~~ J ~3 ~~• ~~ ~ W ~J~'~ J ~l J ~ J ~J`J ~}~ ~ ~ 1~1J ?• ~ ~ ~ ~ l ~ 0 " ~! ~~ ~~ ~~J r r~r'~>•1J 30 ~L.n~J~ ~~ CA "A-12„ 31 ~~ LINE TABLE NAME QIRECTION L1 S 0°30'03" E F~~--moo pt~.es 6134 L2 L3 S 0° 30' 03" S $9° 29 `55" E W 8 17'45fAS'f'RIYERROAD-suI'CE101 TUGSON, AZ 85718 L4 L5 N 0°30'05" N 89°29`55" W E 520 795.1000 (FAX,} 520322.6956 Rp~~G~ teGl„k~~F~fd,,,L 1~13,&i1 8n-tH ib~ ~~Sl~,loe~nn I ~\~Fi I Rf (;~9 RnW RI K I R&70_ f1f;N LENGTH 470.05 46.00 50.00 46.00 50.00 PAGE 2 ~ 2 io-oEC-loos 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, July 20, 2010, 7:00:00 PM To: Mayor and Council Item C 6 From: Steve Huffman ,Intergovernmental Affairs Administrator Strategic Plan Focus Area: Commerce, Community Building, Heritage, Progress and Innovation, Recreation Subject: Resolution No. 2010-65: Relating to Intergovernmental Relations; authorizing and directing Town of Marana representatives concerning proposed Arizona League of Cities and Towns Resolutions Discussion: This resolution will authorize Town representatives to communicate the Town's position on the 2011 League of Cities and Towns Resolutions Committee. The Resolution authorizes support of resolutions consistent with the following general policies: A. Protecting all sources of state-shared revenues from being used to address state budgetary shortfalls. B. Empowering the Town of Marana with sufficient flexibility to address an expanding and changing variety of local conditions. C. Establishing appropriate means to adequately compensate the Town for the costs of complying with state mandated requirements. D. Providing the Town with the means to cope with inflationary cost increases, population growth and escalating service requirements. E. Enabling the Town to provide public services in a more responsive, efficient and cost- effective manner. F. Ensuring that the Town has the ability to provide, manage or operate critical infrastructure necessary to promote or maintain the health and safety of residents, preserve and direct land use and ensure the future sustainability of the community. G. Defining appropriate fiscal and administrative responsibilities within various Town, State/Town and County/Town joint programs. H. Protecting and enhancing state and local economic development tools. L Restoring dedicated funding for local transportation and transit programs. J. Support access to water resources for municipal governments. Financial Impact: None. ATTACHMENTS: \'ame: Description: Tt~pe: Regular Council Meeting -July 20, 2010 -Page 33 of 198 ^ League_Resoluton Committee Reso (000220811. DOC_ ^ 2010_League_Resoluto.ns LTAF.DOG ^ 2010._League_Resolutons. Economic Development.DO.C. ^ 201.0. League_Resolutions Impact Fees.DOG ^ 2010_League_Resolutio..ns County Islands.DOC Reso Authorizing League Raso Cammittee Work LTAF Resalution Econamic Development Resalution Imaact Fee Resolution Gaunty island Resolution Resolution Backup Material Backup Material Backup Material Backup Material Staff Recommendation: Staff recommends the adoption of Resolution No. 2010-65. Suggested Motion: I move to adopt Resolution 2010-65, authorizing and directing Town of Marana representatives concerning proposed Arizona League of Cities and Towns Resolutions. Regular Council Meeting -July 20, 2010 -Page 34 of 198 MARANA RESOLUTION N0.2010-65 RELATING TO INTERGOVERNMENTAL RELATIONS; AUTHORIZING AND DIRECTING TOWN OF MARANA REPRESENTATIVES CONCERNING PROPOSED ARIZONA LEAGUE OF CITIES AND TOWNS RESOLUTIONS BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF MAR.ANA, ARIZONA, authorizing and directing Town of Marana representatives on the 2011 League of Cities and Towns Resolutions Committee to pursue the interests of the Town of Marana by supporting resolutions that embody any of the following basic principles: A. Protecting all sources of state-shared revenues from being used to address state budgetary shortfalls. B. Empowering the Town of Marana with sufficient flexibility to address an expanding and changing variety of local conditions. C. Establishing appropriate means to adequately compensate the Town for the costs of complying with state mandated requirements. D. Providing the Town with the means to cope with inflationary cost increases, population growth and escalating service requirements. E. Enabling the Town to provide public services in a more responsive, efficient and cost- effective manner. F. Ensuring that the Town has the ability to provide, manage or operate critical infrastructure necessary to promote or maintain the health and safety of residents, preserve and direct land use and ensure the future sustainability of the community. G. Defining appropriate fiscal and administrative responsibilities within various Town, State/Town and County/Town joint programs. H. Protecting and enhancing state and local economic development tools. I. Restoring dedicated funding for local transportation and transit programs. J. Supporting access to water resources for municipal governments. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 20~' day of July, 2010. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -July 20, 2010 -Page 35 of 198 {ooozaos i.~oc i} Restore statutory distribution formula and funding from Lottery proceeds to the Local. Transportation Assistance Fund Submitted by: Town of Marana, B. Purpose and Effect of Resolution The Arizona Lottery was approved by the voters of Arizona in 1980 and was most recently reauthorized by the voters in 2002 for an additional 10 years. The Arizona Lottery was supported during these elections and has been heavily marketed throughout the existence of the lottery as a source of revenue to support important community priorities such as State Parks as well as local transit and transportation programs and projects. In 2010, House Bill 2012 permanently diverted lottery funds dedicated to the Local Transportation Assistance Fund (LTAF) into the General Fund. These funds were then committed for debt service to help balance the General Fund Budget .with borrowed money. While we recognize that the significant fiscal crisis facing our state, we believe these funds should be restored as quickly as possible as a dedicated funding source of funding for important community necessities like transit. The Arizona Legislature should restore the statutory funding formula for LTAF and once again fund LTAF consistent with the expectations of Arizona voters. B. Relevance to Municipal Policy Federal and State transportation and transit funds have been under increasing strain in the current economic environment. With the elimination of these dedicated funds the Legislature has shifted an even greater burden to local government to maintain current levels of transportation and transit services and infrastructure. C. Fiscal Impact to Cities and Towns Restoration of LTAF funding will assist in maintaining valuable transit and transportation services and infrastructure. Additionally, it provides a reliable source of funds to leverage federal funds for use in our communities. D. Fiscal Impact to the State Lottery funds dedicated to LTAF have not been available to the General Fund until this year and as such will have minimal impact to that fund if restored to LTAF. Regular Council Meeting -July 20, 2010 -Page 36 of 198 E. Contact Information Name: Steve Huffman Title: Intergovernmental Affairs Administrator Phone: (520)954-2233 Email: shuffman@marana.com Regular Council Meeting -July 20, 2010 -Page 37 of 198 Protect and expand critical economic development tools. Submitted by: Town of Marana, B. Purpose and Effect of Resolution The current downturn in the economy has highlighted the need for Arizona to focus on strategies to encourage job creation and economic expansion. Our state must acknowledge the globally competitive market we are in and protect and expand effective economic development tools that maximize our strengths and resources. B. Relevance to Municipal Policy Cities and towns across our state rely on programs such as workforce development and enterprise zone to successfully attract and expand businesses to Arizona. Absence of these programs can leave us routinely out of consideration in competition with our neighbors for business relocations and expansions. Community leaders must work with our Legislators to target the most effective tools for job creation in this environment of limited resources. C. Fiscal Impact to Cities and Towns Strategic use of effective economic development tools can have an immediate positive impact by encouraging capital formation and investment as well as a secondary multiplier impact as a result of job creation. D. Fiscal Impact to the State The cost of critical economic development tools can be recovered many times over through revenues collected as a direct result of investment and job creation. E. Contact Information Name: Steve Huffman Title: Intergovernmental Affairs Administrator Phone: (520) 954-2233 Email: shuffman@marana.com Regular Council Meeting -July 20, 2010 -Page 38 of 198 Oppose any efforts to extend impact fee moratorium beyond the current three year perior~ Submitted by: Town of Marana, B. Purpose and Effect of Resolution During the Third Special Session of the 49~' Legislature a two year moratorium on the creation or raising of any development impact fees was passed. This moratorium had technical problems that were resolved in 2010 by House Bill 2478 in exchange for a one year extension of the freeze until June 30, 2012. There should be no further extensions of this freeze. B. Relevance to Municipal Policy Development impact fees are governed by numerous statutes that require public hearings, public notification, significant analysis of the fee structure and clear direction on where these fees can be used. These statutes create a framework for cities and towns that allow communities to partially fund necessary infrastructure with fees generated from developments that will utilize and benefit from that infrastructure. In the current economic environment financial resources are .severely strained. The current moratorium was passed based on the claim that it would spur economic activity. While those claims are yet to be proven, cities and towns continue to face challenges providing needed infrastructure across our state. Continuation of the freeze beyond June 30th of 2012 will leave our state with even fewer financial resources to address the needs of our growing communities and will create pressure on other revenue sources. C. Fiscal Impact to Cities and Towns Ending the current moratorium will allow cities and towns to once again plan for future growth and equitably finance the costs of that growth. Conversely, any further continuation of the current moratorium will significantly reduce the ability of cities and towns to address the needs our communities largely created by growth. D. Fiscal Impact to the State There will be no impact on the state as these are locally collected revenues. E. Contact Information Regular Council Meeting -July 20, 2010 -Page 39 of 198 Name: Steve Huffman Title: Intergovernmental Affairs Administrator Phone: (520) 954-2233 Email: shuffman@marana.com Regular Council Meeting - Jufy 20, 2010 -Page 40 of 198 Urges the Governor and the State Legislature to develop and pass legislation that allows greater flexibility in annexing county islands. Submitted by: City of Sierra Vista, Town of Marana B. Purpose and Effect of Resolution Over the past 30 years, the State Legislature has made changes in annexation law to respond to actions by local governments that have had unintended, and often negative, consequences. In 1980, the Legislature disallowed "strip" annexation by communities wanting to annex only highly lucrative commercial properties. That same legislation also changed the law further to disallow the creation of county islands, recognizing that having such islands completely surrounded by an incorporated city or town is not good public policy. Other steps have been taken within state law to improve the process, but more are needed. Although new county islands can no longer be created, unfortunately a number of cities and towns in Arizona still have such areas within their incorporated city limits. The islands are governed by the laws of their respective county, which is a branch of local government largely designed to provide rural services and a one size fits all approach to planning and growth management. Depending on the individual county/city, disparities between county and city regulations may exist, and in many cases, these service and/or enforcement differences are taking place literally across the street from areas with the same density and neighborhood type. It is time to allow a city or town more flexibility to extend urban services to these islands. This could include: allowing a city to shrink an island annexation area once the process has started if there is not enough interest to proceed with the entire area; removing the tie to assessed valuation in the process; allowing property owners with multiple properties within an annexation area to have a vote for each property; requiring property owners to sign a petition to opt out of a county island annexation rather than opt in, to address those areas with high out-of--town owners; or any combination of these methods. The ideas would be discussed with legislators to determine the most viable. B. Relevance to Municipal Policy Consistent service delivery to a community's residents insures that all areas of a city or town are appropriately managed. Counties, by design, are funded to provide a rural level of service. But such a service level within the middle of an urban area can, and has, led to problems that bleed over into incorporated cities. C. Fiscal Impact to Cities and Towns Regular Council Meeting -July 20, 2010 -Page 41 of 198 If legislation moves forward that allows greater flexibility in annexing county islands, it would be up to cities and towns themselves to determine timing on annexing these areas if they choose. Those communities that choose to move forward will need to extend their services to newly annexed areas. Those costs would be different for each community. But nothing in the legislation should require a city or town to annex county islands if they feel they cannot provide services. It should be noted that counties currently providing services to these islands, if annexed, would save some money not doing so in the future. D. Fiscal Impact to the State There is no fiscal impact to the state when it comes to which local government provides local services. Minor adjustments in state-shared revenues would be made based on any population changes, but it would be a reshuffling of the total allocation, not an increase in state revenues to local government. Eliminating barriers to annexation would also encourage economic development that would ultimately result in increased revenue to the state. E. Contact Information Name: Sierra Vista Mary Jacobs Title: Assistant City Manager Phone: 520-458-3315 Email: mjacobs cr,ci.sierra-vista.az.us Regular Council Meeting -July 20, 2010 -Page 42 of 198 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCII. CHAMBERS, July 20, 2010, 7:00:00 PM To: Mayor and Council Item C 7 From: Jane Fairall ,Deputy Town Attorney Strategic Plan Focus Area: Community Building, Recreation Subject: Ordinance No. 2010.10: Relating to Parks and Recreation; amending the Marana Town Code Title 13 "Parks and Recreation," adding chapter 13-2 entitled "Fingerprinting and criminal history records checks of Parks and Recreation personnel and volunteers"; and designating an effective date Discussion: Pursuant to state law (A.R.S. section 41-1750), the Arizona Department of Public Safety (DPS) is authorized to exchange criminal justice information with a noncriminal justice agency--such as the Town--pursuant to an ordinance that specifically authorizes the noncriminal justice agency to receive criminal history record information for the purpose of evaluating. the fitness of current or prospective employees, contract employees or volunteers. Currently, the Town's Personnel Policies, adopted by ordinance, provide that potential and current employees whose job duties include unsupervised contact with minor children must submit a full set of fingerprints so that a criminal background check may be conducted. This provision, however, does not allow the Town to require its recreation class instructors, who work as independent contractors, or its volunteers to be fingerprinted. The policy also does not allow the fingerprinting of employees who work with vulnerable adults. The proposed ordinance will require that all current and potential Parks and Recreation employees, contract employees and volunteers who work directly with children or vulnerable adults be fingerprinted as a condition of hire and annually thereafter for the purpose of conducting a criminal background check to determine their fitness to be employed by the Town in that capacity. Financial Impact: Each fingerprint card submitted to DPS for a criminal history check must be accompanied by a fee of $29. ATTACHMENTS: Name: Description: T~ pe: ~ Ordn re fingerprinting. Ordinance Ordinance Parks and. Rec employees Regular Council Meeting -July 20, 2010 -Page 43 of 198 (00021_$80_-2jDOC Staff Recommendation: Staff recommends approval of the proposed ordinance authorizing the Town to receive criminal history information from DPS in order to evaluate the fitness of current and prospective Parks and Recreation employees who work with children and vulnerable adults. Suggested Motion: I move to adopt Ordinance 2010.10, amending the Marana Town Code Title 13 "Parks and Recreation," adding chapter 13-2 entitled "Fingerprinting and criminal history records checks of Parks and Recreation personnel and volunteers"; and designating an effective date. Regular Council Meeting -July 20, 2010 -Page 44 of 198 MARANA ORDINANCE N0.2010.10 RELATING TO PARKS AND RECREATION; AMENDING THE MARANA TOWN CODE TITLE 13 "PARKS AND RECREATION," ADDING CHAPTER 13-2 ENTITLED "FINGERPRINTING AND CRIMINAL HISTORY RECORDS CHECKS OF PARKS AND RECREATION PERSONNEL AND VOLUNTEERS"; AND DESIGNATING AN EFFECTIVE DATE WHEREAS the Town Council is authorized by A.R.S. § 41-1750 to adopt an ordinance authorizing the Town to receive criminal justice information from state and federal criminal history repositories for the purpose of evaluating the fitness of current or prospective licensees, employees, contract employees or volunteers; and WHEREAS the Town Council finds that the regulations established by this ordinance are necessary for the public health, safety and general welfare of the Town of Marana. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. Title 13 "Parks and Recreation" of the Marana Town Code is hereby amended by adding new Chapter 13-2 as follows: Chapter 13-2 FINGERPRINTING AND CRIMINAL HISTORY RECORDS CHECKS OF PARKS AND RECREATION PERSONNEL AND VOLUNTEERS Section 13-2-1 Authority to receive criminal history record information Pursuant to A.R.S. § 41-1750, the town is hereby authorized to receive criminal history record information for the purpose of evaluating the fitness of current and prospective. parks and recreation department employees, contract employees and volunteers who work directly with children under the age of 18 or vulnerable adults. Section 13-2-2 Definition For purposes of this chapter, "vulnerable adult" means an individual who is eighteen years of age or older and who is unable to protect himself from abuse, neglect or exploitation by others because of a mental or physical impairment. Section 13-2-3 Fingerprinting of current and prospective parks and recreation personnel and volunteers; criminal history record information A. Each town of Marana parks and recreation department employee, contract employee or volunteer who works directly with children. under the age of 18 or vulnerable adults and who has not furnished a full set of fingerprints to the Regular Council Meeting -July 20, 2010 -Page 45 of 198 Marana Ordinance 2010.10 - 1 - {00021880.DOC / 2} town within 12 months of the effective date of this chapter, shall, as a condition of continued employment, within 60 days of the effective date of this chapter and annually thereafter, furnish a full set of fingerprints on a standard fingerprint card to the town. Any current employee, contract employee or volunteer who has furnished a full set of fingerprints to the town within 12 months of the effective date of this chapter, shall not be required to furnish another set of fingerprints until 12 months has passed since the furnishing of the fingerprints. B. Each prospective town of Marana parks and recreation department employee, contract employee or volunteer who will work directly with children under the age of 18 or vulnerable adults shall, as a condition of hire and annually thereafter, furnish a full set of fingerprints on a standard fingerprint card to the town. C. Pursuant to A.R.S. § 41-1750 and Public Law 92-544, the town shall submit all fingerprints obtained pursuant to this chapter to the Arizona department of public safety for the purpose of obtaining state and federal criminal history record information. The Arizona department of public safety is authorized to exchange this fingerprint data with the federal bureau of investigation. Section 13-2-4 Use of criminal history record information Criminal history record information obtained by the town pursuant to this chapter shall be used only for the purpose of evaluating the fitness of current and prospective employees, contract employees and volunteers who work directly with children under the age of 18 or vulnerable adults. The town shall comply with all relevant state and federal rules and regulations regarding the dissemination of criminal history record information. SECTION 2. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed as of the effective date of this ordinance. SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this ordinance. SECTION 4. This ordinance shall become effective on the thirty-first day after its adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 20~' day of July, 2010. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regular Council Meeting -July 20, 2010 -Page 46 of 198 Marana Ordinance 2010.10 - 2 - {00021880.DOC / 2} 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA $5653 COUNCIL CHAMBERS, July 20, 2010, 7:00:00 PM To: Mayor and Council From: Frank Cassidy ,Town Attorney Strategic Plan Focus Area: Commerce Item C 8 Subject: Resolution No. 2010-66: Relating to Development; approving and authorizing the Mayor to execute the Willow Ridge Reconciliation Agreement Discussion: CPE Development Company (CPED), the Town, and property owners entered into the Willow Ridge Development Agreement in 2004 to facilitate the development of the Willow Ridge development project and the construction of the Cortaro Road improvements between the Union Pacific Railroad and Star Grass Drive. Paragraph 2.3 of the Willow Ridge DA requires the Town to reimburse CPED out of construction sales tax generated from the Willow Ridge project for $700,000 in Cortaro Road design and construction costs initially paid by CPED. Construction of the Cortaro Road improvements has been completed and the Town has begun to receive construction sales tax from the Willow Ridge project. Meanwhile, CPED and Town staff have negotiated a $96,750 setoff against the $700,000 owed to CPED, constituting a negotiated settlement of claims relating to the design and construction of the Cortaro Road improvements. To memorialize the negotiations and events that have occurred since the effective date of the Willow Ridge DA, Town staff and CPED have negotiated the Willow Ridge Reconciliation Agreement which is presented for Council consideration today. Financial Impact: The financial obligations addressed by this item simply carry forward a financial obligation created by the 2004 Willow Ridge DA, setoff (reduced) by a $96,750 settlement of Town claims against CPED arising out of design and construction of the Cortaro Road improvements. ATTACHMENTS: Marne: Description: Type: D Reso_Wllo..w._Rdge Reconci.l.i_atron Agreement Reso Approving Willow Ridge Reconciliation Agreement Resolution (0.002191.1 },_DOC O Wllow_Rd..ge Reconciliation Agreement Exh A to Reso: Willow Rfdge Recanci€iation Agreement. Exhibit (00021776-2~.DOC Regular Council Meeting -July 20, 2010 -Page 47 of 198 Staff Recommendation: Staff recommends approval of the Willow Ridge Reconciliation Agreement. Suggested Motion: I move to adopt Resolution 2010-66, approving and authorizing the Mayor to execute the Willow Ridge Reconciliation Agreement. Regular Council Meeting -July 20, 2010 -Page 48 of 198 MARANA RESOLUTION N0.2010-66 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE WILLOW RIDGE RECONCILIATION AGREEMENT WHEREAS CPE Development Company, the Town of Marana, and other parties entered into the WILLOW RIDGE DEVELOPMENT AGREEMENT recorded in the Pima County Recorder's office on April 30, 2004 at Docket 12292, Page 6664 (the "Willow Ridge DA"); and WHEREAS CPE Development Company was the "Developer" under the Willow Ridge DA; and WHEREAS paragraph 2.3 of the Willow Ridge DA provides for the Town of Marana to reimburse the Developer out of construction sales (transaction privilege) tax .generated from construction activity occurring on the Willow Ridge project for certain Cortaro Road design and construction costs; and WHEREAS construction of the Cortaro Road improvements contemplated by the Willow Ridge DA has been completed and the Town has begun to receive construction sales (transaction privilege) tax generated from construction activity occurring on the Willow Ridge project; and WHEREAS the Mayor and Council find that the best interests of the Town of Marana are served by the approval and execution of the Willow Ridge Reconciliation Agreement, memorializing negotiations affecting the reimbursement under paragraph 2.3 of the Willow Ridge DA and clarifying the parties' obligations based on events that have. occurred since the effective date of the Willow Ridge DA. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the "Willow Ridge Reconciliation Agreement" between the Town of Marana and CPE Development Company, attached to and incorporated by this reference in this resolution as Exhibit A, is hereby approved, and the Mayor is hereby authorized and directed to execute it for and on behalf of the 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. Regul~r~C~r~~s~~~tili$ol~~i20, 2010 -Page 49 of 198 {0002] 91 I .DOC /} PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 20~' day of July, 2010. ATTEST: Jocelyn C. Bronson, Town. Clerk Mayor Ed Honea APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regul~a~f~n~~es~~~i~~i$ol'~~20, 2010 -Page 50 of 198 {oooal911.~oc i} WILLOW RIDGE RECONCILIATION AGREEMENT TOWN OF MARANA~ ARIZONA THIS WILLOW RIDGE RECONCILIATION AGREEMENT (this "Agreement") is made by and between the TOWN OF MARANA, an Arizona municipal corporation (the "Town"), and CPE DEVELOPMENT COMPANY, INC., an Arizona corporation (the "Developer"). The Town and the Developer are collectively referred to in this Agreement as the "Parties," either of which is sometimes individually referred to as a "Party." RECITALS A. The Town and the Developer were parties, with others, to the WILLOW RIDGE DEVELOPMENT AGREEMENT recorded in the Pima County Recorder's office on April 30, 2004 at Docket 12292, Page 6664 (the "Willow Ridge DA"). The "Developer" under the Willow Ridge DA and the Developer under this Agreement are one and the same entity. B. Paragraph 2.3 of the Willow Ridge DA provides as follows: 2.3. Cortaro Road Design and Construction Costs. The Developer shall contribute at least $700,000 toward the design and construction of Cortaro Road, as follows`. 2.3.1. The Developer shall hire and pay all fees and costs for a qualified civil engineer to design the improvement of Cortaro Road to a four lane divided cross-section from the Union Pacific Railroad Crossing to Camino de Oeste, with a transition to the existing two-lane cross-section at Star Grass Drive. 2.3.2. The Developer shall pay the Town $50,000 upon the issuance of a building permit for a commercial use at the southwest corner of Cortaro Road and Camino de Oeste to be used for regional drainage solutions that benefit the Property. 2.3.3. Upon award of the contract for construction of Cortaro Road from the Union Pacific Railroad Crossing to Star Grass Drive, the Developer shall. pay the Town the difference between $700,000 and the sum of the Cortaro Road design costs incurred pursuant to paragraph 2.3.1 above and the payment (if any) to the Town pursuant to paragraph 2.3.2 above; provided, however, that if the sum of the amounts incurred and paid by the Developer pursuant to paragraphs 2.3.1 and 2.3.2 above exceed $700,000, no additional payment to the Town shall be required under this subparagraph. 2.3.4. The Developer shall be reimbursed for any amounts paid by the Developer under this paragraph 2.3 out of the Town construction sales (transaction privilege) tax devoted to transportation generated from and paid to the Town as a result of construction activity occurring on the Property. Regu12~C0ouncil Meet'mg}-July 20, 2010 -Page 5'-nf qqp -1- 6/29/2010 10:46 AM N7LLOW RIDGE RECONCILLITION AGREEMENT C. Construction of Cortaro Road improvements contemplated by the Willow Ridge DA (the "Cortaro Road Improvements," described in more detail in paragraph 1 below) has been completed and the Town has begun to receive construction sales (transaction privilege) tax generated from construction activity occurring on the Willow Ridge project the "Property" under the Willow Ridge DA. D. The Parties desire to memorialize previous negotiations affecting the Parties' obligations under paragraph 2.3 of the Willow Ridge DA, and to clarify certain obligations based on events that have occurred since the effective date of the Willow Ridge DA. AGREEMENT Now, THEREFORE, in consideration of the foregoing premises and the mutual promises and agreements set forth in this Agreement, the Parties hereby agree as follows: 1. Acknowledgment of Developer's $700,000 contribution. The Parties acknowledge that the Developer contributed at least $700,000 toward the design and construction of the Cortaro Road Improvements by hiring and paying all fees and costs for a qualified civil engineer to design the improvement of Cortaro Road to a four lane divided cross-section from the Union Pacific Railroad Crossing to Camino de Oeste, with a transition to the pre-existing two-lane cross- section at Star Grass Drive. Consequently, the provisions of paragraph 2.3.3 of the Willow Ridge DA were not applicable. 2. Status of $50,000 Payment Obligation under Paragraph 2.3.2. To date, no building permit has been issued for a commercial use at the southwest corner of Cortaro Road and Camino de Oeste, and, as a condition of its purchase of the said southwest corner, the buyer accepted the obligation under paragraph 2.3.2 of the Willow Ridge DA to pay $50,000 toward regional drainage solutions that benefit the Property. Consequently, the Town will look to the buyer for payment of the $50,000, and neither the Developer nor anyone else will be entitled to reimbursement of the future $50,000 under paragraph 2.3.4 of the Willow Ridge DA.. 3. Settlement of Claims. The Parties hereby memorialize a negotiated settlement of claims relating to the design and construction of the Cortaro Road Improvements. The settlement requires the Developer to pay $96,750 toward the cost to design and construct the Cortaro Road Improvements. 4. Setoff against Reimbursement. The Parties agree that the $96,750 settlement described in paragraph 3 above shall be setoff against the amounts owed by the Town under paragraph 2.3.4 of the Willow Ridge DA. 5. Total Amount Eligible for Reimbursement under Paragraph 2.3.4. Because the Developer paid at least $700,000 for engineering under paragraph 2.3.1 of the Willow Ridge DA and did not make the $50,000 payment addressed by paragraph 2.3.2 of the Willow Ridge DA, the total amount reimbursable from the Town to the Developer under paragraph 2.3.4 of the Willow Ridge DA would be $700,000. Applying the $96,750 setoff (paragraph 4 above), the Parties acknowledge that the total amount of available Developer reimbursement under paragraph 2.3.4 of the Willow Ridge DA is $603,250. 6. Clarification of Reimbursement Source. The Town currently assesses, and since construction activities began occurring on the Property has assessed, a 4% construction sales (transaction privilege) tax. On the effective date of the Willow Ridge DA, 75% of the Town's construction sales (transaction privilege) tax was "devoted to transportation." Effective July 1, 2009, the Town reallocated the tax devoted to transportation to 50%. Nevertheless, the Regu18~C0ouncil Meet'mg}-July 20, 2010 -Page 5~~ nnqq ~~qqRR -2 6/29/2010 10:46 AM WILLOCV RIDGE RECONCILL4TION AGREEMENT reimbursement to the Developer under paragraph 2.3.4 of the Willow Ridge DA shall be not less than 75% of the Town construction sales (transaction privilege) tax devoted to transportation generated from and paid to the Town as a result of construction activity occurring on the Property. 7. Sales Tax Accounting. The Town receives monthly reports from the Arizona Department of Revenue listing taxpayers and total Town tax amounts paid during the month. The reports do not separately track a taxpayer's payments to the Town as a result of construction activity occurring on the Property. Confidentiality of taxpayer information is addressed by Title 42, Chapter 2, Article 1 of the Arizona Revised Statutes (A.R.S. § 42-2001 et seq.), and requires a taxpayer confidentiality waiver to reveal tax information for most purposes. The Parties will cooperate, within the limits of the law, to obtain any taxpayer information necessary to determine the amount of Town construction sales (transaction privilege) tax devoted to transportation generated from and paid to the Town as a result of construction activity occurring on the Property. 8. Notice. 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 or sent by registered or certified United States mail, postage prepaid, if to (or to such other addresses as either party hereto may from time to time designate in writing and deliver in a like manner): To the Town: .Town of Marana Town Manager 13251 N. Lon Adams Road Marana, Arizona 85653 To the Developer: CPE DEVELOPMENT COMPANY, INC. Raul F. Piiia 378 N. Main Avenue Tucson, Arizona 85701 9. Term.. This Agreement shall become effective upon its execution by all Parties and, unless sooner terminated by the mutual consent of the Parties, shall automatically terminate and shall thereafter be void for all purposes on the termination date of the Willow Ridge DA. 10. Attorney's Fees. If any Party brings a lawsuit against any other Party to enforce any of the terms, covenants or conditions of this Agreement, or by reason of any breach or default 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 and not by the jury. 11. 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. 12. Entire Agreement. This Agreement constitutes the entire agreement between the Parties pertaining to the subject matter of this Agreement. All. prior and contemporaneous agreements, 0002177.(.j~OC / 2} -3- 6/29/2010 10:46 AM Regul~r GOUnCI) Meeting - JUIy 20, 2O'I O -Page 5~~~ EDGE RECONCILL~TION AGREEMENT representation and understanding of the Parties, oral or written, are hereby superseded and merged in this Agreement. 13. Interpretation. This Agreement has been negotiated by the Town and the Developer, and no Party shall be deemed to have drafted this Agreement for purposes of construing any portion of this Agreement for or against any Party. 14. Recordation. The Town shall record this Agreement in the office of the Pima County Recorder after it has been executed by the Parties. 15. 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. 16. Effect on Willow Ridgy. Except to the extent paragraph 2.3 of the Willow Ridge DA is clarified and reconciled by this Agreement, .the Willow Ridge DA is unaffected by this Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date set forth below their respective signatures. THE TOWN: 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 ) THE DEVELOPER: CPE DEVELOPMENT COMPANY, INC., an Arizona corporation By: Raul F. Pina, Authorized Officer Date: The foregoing instrument was acknowledged before me on by Raul F. Pina, an authorized officer of CPE DEVELOPMENT COMPANY, INC., an Arizona corporation, on behalf of the corporation. My commission expires: Notary Public RegulB~Council Meeting}-July 20, 2010 -Page ,r~~~f 1 p -4 - WILL~R~ RIDGE RECONCILIATION AGREEMENT 6/29/2010 10:46 AM 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, July 20, 2010, 7:00:00 PM To: Mayor and Council Item C 9 From: Ryan Benavides ,Assistant Public Works Director Strategic Plan Focus Area: Progress and Innovation Subject: Resolution No. 2010-67: Relating to Public Works; approving and authorizing the Mayor to execute an intergovernmental agreement with the Arizona Department of Transportation relating to authorized appropriations for the American Recovery and Reinvestment Act of 2009 for the pavement preservation of Marana Road between I- 10 and the western Town limits Discussion: Congress has authorized appropriations for the American Recovery and Reinvestment Act of 2009 (ARRA) for the disbursement of funds and investment of shovel ready projects, including but not limited to roads, bridges, mass transit, energy efficient buildings, flood control, clean water and other infrastructure projects to save and create jobs. The work proposed under the Joint Project Agreement (JPA) proposed to be approved by this item consists of approximately three miles of pavement preservation, to include chip seal and overlay of Marana Road from I-l0 and the Town's western jurisdictional limits. Financial Impact: Barring unforeseen right-of-way issues and traffic control issues during construction, there will be no financial impacts for the construction of the pavement preservation project. The Federal Government has approved the disbursement of $l .2 million to the Town of Marana for this project. The Town will not be reimbursed for the cost of Town staff managing the design and construction implementation of the project. ATTACHMENTS: atne: Description: Type: ^ 07-2010 JPA-_Marana Rd Overla Pro'ect Resolution Approving ADOT ARRA Pavement Preservation y t IGR Resolution Resolution.DOC ^ MARANA-JPA -Town of _.... Marana-S...S90001C- Exhibit A fa Resolution: ARRA - ADOTMarana IGA Exhibit ARRA,_DOC Staff Recommendation: Regular Council Meeting -July 20, 2010 -Page 55 of 198 Staff recommends adoption of Resolution No. 2010-67. Suggested Motion: I move to adopt Resolution 2010-67, approving and authorizing the Mayor to execute the Intergovernmental Agreement with the Arizona Department of Transportation relating to ARRA funding for the Marana Road pavement preservation project. Regular Council Meeting -July 20, 2010 -Page 56 of 198 MARANA RESOLUTION N0.2010-67 RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA DEPARTMENT OF TRANSPORTATION RELATING TO AUTHORIZED APPROPRIATIONS FOR THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 FOR THE PAVEMENT PRESERVATION OF MARANA ROAD BETWEEN I-10 AND THE WESTERN TOWN LIMITS WHEREAS the state is empowered by the Arizona Revised Statutes section (A.R.S. §) 28-401 to enter into agreements relating to authorized appropriations for the American Recovery and Reinvestment Act of 2009 (the ARRA); and WHEREAS the Town of Marana is empowered by A.R.S. § 9-240 to enter into agreements with the state and other government entities to carry out joint and cooperative actions; and WHEREAS Congress has authorized appropriations for the ARRA for the disbursement of funds and investment in certain projects, including but not limited to roads, bridges, mass transit, en- ergyefficient buildings, flood control, clean water and other infrastructure projects to save and create jobs for long term growth and stability; and WHEREAS the work proposed under the agreement addressed by this resolution consists of approximately three miles of pavement preservation, including chip-sealing and overlaying existing roadway surfaces on Marana Road (from I-10 to the western Town limits); and WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of the citizens to enter into this intergovernmental agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the intergovernmental agreement between the Town of Marana and the State of 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 of the Town of Marana. IT IS FURTHER RESOLVED that the Town's Manager and staff are hereby directed and au- thorized to undertake all other and further tasks required or beneficial to carry out the terms, obliga- tions, and objectives of the intergovernmental agreement. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL, OF THE TOWN OF MA- RANA, ARIZONA, this 20~' day of July, 2010. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Regulalr~rx~FFf~eeitn~Q~~9,~~b'~a~~€of 198 Frank Cassidy, Town Attorney ADOT File No.: IGA/JPA 10-071I AG Contract No.: P001 2010 OOXXX Project No.: Project: Pavement Preservation Section: I-10 (Sandario Road) TRACS No.: SS900 01 C Budget Source Item No.: ARRA INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND TOWN OF MARANA THIS AGREEMENT is entered into this date , 2010, pursuant to the Arizona Revised Statutes § 11-951 through 11-954, as amended, between the STATE OF ARIZONA, acting by and through its DEPARTMENT OF TRANSPORTATION (the "State") and the TOWN OF MARANA, acting by and through its MAYOR and TOWN COUNCIL (the "Town"). The State and the Town are collectively referred to as "Parties". I. RECITALS 1. The State is empowered by Arizona Revised Statutes § 28-401 to enter into this Agreement and has delegated to the undersigned the authority to execute this Agreement on behalf of the State. 2. The Town is empowered by Arizona Revised Statutes § 9-240 to enter into this Agreement and has by resolution, a copy of which is attached hereto and made a part hereof, resolved to enter into this Agreement and has authorized the undersigned to execute this Agreement on behalf of the Town. 3. Congress has authorized appropriations for the American Recovery and Reinvestment Act of 2009 (ARRA 2009) for the disbursement of funds and investment in certain projects, including but not limited to, roads, bridges, mass transit, energy efficient buildings, flood control, clean water and other infrastructure projects to save and create jobs for long term growth and stability 4. The work proposed under the Agreement for this Project consists of construction, pavement rehabilitation and overlay along Marana Road at the I-10 Frontage Road approximately 280' east of Sandario Road and 1580' west of Linda Lane, hereinafter referred to as the "Project°. The State shall advertise, bid and award the Project. 5. Such Project lies within the boundary of the Town of Marana and has been selected by the Town; the survey of the Project has been completed; and the plans, estimates and specifications will be prepared and, as required, submitted by the State to the Federal Highway Administration (FHWA) for its approval 6. The interest of the State in this project is the acquisition and distribution of ARRA/Recovery Act Funds for the use and benefit of the Town and to authorize such ARRA/Recovery Act Funds for the project pursuant to Federal law and regulations. The State shall be the designated agent for the Town. Regular Council Meeting -July 20, 2010 -Page 58 of 198 Page 2 IGA/JPA 10-071I 7. The ARRA/Recovery Act Funds will be used for construction of the project, including the construction engineering and administration cost (CE). The current Project costs are as follows: TRACS No. SS742 RRD/01C ARRA/Recovery Act Funds (Maximum Available) $ 1,200,000.00 *TOTAL Project Costs "(Includes CE and project contingencies) $ 1,200,000.00 The parties acknowledge that the eventual actual cost may exceed the estimate or be ineligible for federal reimbursement, and such cases the Town is responsible for any and such costs. Actual costs may be less than the estimate and not needed for the Project, at which time any excess funding. will be de- obligated from the Project. THEREFORE, in consideration of the mutual Agreements expressed herein, it is agreed as follows: II. SCOPE OF WORK 1. The State will: a. On behalf of the Town, perform work and review documents required by the FHWA to qualify certain projects for and to receive ARRA/Recovery Act Funds. Such work may consist of, but is not specifically limited to, the review and approval of the prepared environmental documents; the preparation of the analysis requirements for documentation of environmental categorical exclusion determinations; review of reports, design plans, maps, and specifications; geologic materials testing and analysis; right-of- way related activities and such other related tasks essential to the achievement of the objectives of this Agreement. b. Review and submit all documentation for the work encompassed, in said construction contract, required to the Federal Highway Administration (FHWA) containing the above-mentioned Project with the recommendation that maximum ARRA/Recovery Act Funds available be authorized for the Project, to include construction, engineering and administration costs. The Project will be performed, completed, accepted and paid for in accordance with the requirements of the Project plans and specifications. Should costs exceed the maximum ARRA/Recovery Act Funds available, it is understood and agreed that the Town will be responsible for any excess cost not covered by ARRA/Recovery Act Funds. c. Upon approval by the FHWA, and with the aid and consent of the Town and FHWA, proceed to advertise for, receive and open bids subject to the concurrence of the FHWA and the Town. The State will enter into a contract(s) with a firm(s) to whom the award is made for the construction of the Project. Administer contracts(s) for the Project and make all payments to the contractor(s). Be responsible for contractor claims for additional compensation caused by the Project delays attributable to the State. d. Not be obligated to maintain said Project, should the Town fail to budget or provide for proper and perpetual maintenance as set forth in this Agreement. e. Upon completion of the Project and receipt of request by the Town, provide an electronic version of the as-built plans to the Town of Marana, CIP Engineering Division Manager. Regular Council Meeting -July 20, 2010 -Page 59 of 198 Page 3 2. The Town will: IGA/JPA 10-071I a. Upon execution of this Agreement, designate the State as authorized agent for the Town. b. Provide the design documents required for construction of the Project and provide comments to the State as appropriate. c. Certify that all necessary rights-of-way have been or will be acquired prior to advertisement for bid. Hereby, also certify that all obstructions or unauthorized encroachments of whatever nature, either above or below the surface of the Project area, shall be removed from the proposed right-of-way, or will be removed prior to the start of construction. d. Not permit or allow any encroachments upon or private use of the right-of-way, except those authorized by permit. In the event of any unauthorized encroachment or improper use, the Town shall take all necessary steps to remove or prevent any such encroachment or use. e. Grant the State, without charge, cost or additional documents and agreements, permission to enter Town lands as required to conduct all construction and pre-construction activities related to the Project, including and without limitation, temporary construction easements, or temporary right-of-entry. f. Be responsible for any and all costs not covered by ARRA/Recovery Act Funds. The Town will also be responsible for contractor claims for additional compensation caused by Project delays attributable to the Town. g. Provide for cost and, as an annual item in the Town's budget, proper maintenance of the Project, including all of the Project components. h. Pay the State full compensation for all penalties, assessments or sanctions of any kind resulting from any failure to comply with any ARRA/Recovery Act requirement, including but not limited to, auditing, reporting and monitoring the project and its costs. i. Enter into an agreement with the design consultant which states that the design consultant shall provide services as required and requested throughout the design and construction phases of the Project. j. Upon completion of the Project, agree to accept and assume full responsibility of said Project in writing. k. Upon completion of the Project, request from the State an electronic version of the as-built plans be forwarded to the Town of Marana, CIP Engineering Division Manager. III. MISCELLANEOUS PROVISIONS 1. The terms, conditions and provisions of this Agreement shall remain in full force and effect until completion of said Project, except any provisions for maintenance/electrical power and/or landscaping maintenance shall be perpetual by the Town. Further, this Agreement may be cancelled at any time prior to advertisement of the project construction contract, upon thirty days (30) written notice to the other party. It is understood and agreed that, in the event the Town terminates this Agreement, the State shall in no way be obligated to maintain said Project. It is further understood and agreed that, in the event the State terminates this Agreement, the Town shall in no way be obligated to complete said Project. Regular Council Meeting -July 20, 2010 -Page 60 of 198 Page 4 IGA/JPA 10-071I 2. The State assumes no financial obligation or liability under this Agreement, or for any resulting construction Project. The Town, in regard to the Town's relationship with the State only, assumes full responsibility for the design, plans, specifications, reports, the engineering in connection therewith and the construction of the improvements contemplated, cost over-runs and construction claims. It is understood and agreed that the State's participation is confined solely to securing federal aid on behalf of the Town and the fulfillment of any other responsibilities of the State as specifically set forth herein; that any damages arising from carrying out, in any respect, the terms of this Agreement or any modification thereof shall be the liability of the Town and that to the extent permitted by law, the Town hereby agrees to save and hold harmless and indemnify from loss the State, any of its departments, agencies, officers or employees from any and all costs and/or damage incurred by any of the above and from any other damage to any person or property whatsoever, which is caused by any activity, condition, misrepresentation, directives, instruction or event arising out of the performance or non performance of any provisions of this Agreement by the State, any of its departments, agencies, officers and employees, or its independent contractors, the Town, any of its agents, officers and employees, or its independent contractors. Costs incurred by the State, any of its departments, agencies, officers or employees shall include in the event of any action, court costs, and expenses of litigation and attorneys' fees. 3. The cost of construction and construction engineering work under this Agreement is to be covered by the ARRA/Recovery Act Funds set aside for this Project, up to the maximum available. The Town acknowledges that the eventual actual costs may exceed the maximum available amount of ARRA/Recovery Act funds, or that certain costs may not be accepted by the federal government as eligible for ARRA/Recovery Act funds. Therefore, the Town agrees to furnish and provide the difference between actual costs and the ARRA/Recovery Act Funds received. 4. The cost of the project under this Agreement includes applicable indirect costs approved by the Federal Highway Administration (FHWA). 5. The State will follow reporting requirements in accordance with Section 1201and Section 1512 of the American Recovery and Reinvestment Act of 2009. 6. This Agreement shall be filed with the Arizona Secretary of State and shall not become effective until the date of said filing. 7. This Agreement may be cancelled in accordance with Arizona Revised Statutes § 38-511. 8. To the extent applicable under law, the provisions set forth in Arizona Revised Statutes § 35-214 and § 35-215 shall apply to this Agreement. 9. 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. The parties to this Agreement shall comply with Executive Order Number 99-4 issued by the Governor of the State of Arizona and incorporated herein by reference regarding "Non-Discrimination". 10. Non-Availability of Funds: Every payment obligation of the State under this Agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such obligations. If funds are not allocated and available for the continuance of this Agreement, this. Agreement may be terminated by the State at the end of the period for which the funds are available. No liability shall accrue to the State in the event this provision is exercised, and the State shall not be obligated or liable for any future payments as a result of termination under this paragraph. 11. In the event of any controversy, which may arise out of this Agreement, the Parties hereto agree to abide by required arbitration as is set forth for public works contracts in Arizona Revised Statutes § 12- 1518. Regular Council Meeting -July 20, 2010 -Page 61 of 198 Page 5 IGA/JPA 10-071I 12. All notices or demands upon any party to this Agreement shall be in writing and shall be delivered in person or sent by mail, addressed as follows: Arizona Department of Transportation Town of Marana Joint Project Administration Attn: Scott Leska 205 S. 17th Avenue, Mail Drop 637E 11555 West Civic Center Phoenix, Arizona 85007 Marana, Arizona 85653. (602) 712-7124 (520) 382-1999 (602) 712-3132 Fax (520) 380-2640 Fax 12. Compliance requirements for Arizona Revised Statutes § 41-4401-immigration laws and E-Verify requirement: a. Both parties warrant compliance with all Federal immigration laws and regulations relating to employees and warrants its compliance with Section Arizona Revised Statutes § 23-214, Subsection A. b. A breach of a warranty regarding compliance with immigration laws and regulations shall be deemed a material breach of the contract, and the parties may be subject to penalties up to and including termination of the Agreement. c. The State retains the legal right to inspect the papers of any employee who works on the Project to ensure that the Town or subcontractor is complying with the warranty under paragraph (a). 13. Pursuant to Arizona Revised Statutes § 35-391.06 and§ 35-393.06, each Party certifies that it does not have a scrutinized business operation in Sudan or Iran. For the purpose of this Section the term "scrutinized business operations" shall have the meanings set forth in Arizona Revised Statutes § 35- 391and/or § 35-393, as applicable. If any Party determines that another Party submitted a false certification, that Party may impose remedies as provided by law including terminating this Agreement. 14. In accordance with Arizona Revised Statutes § 11-952 (D) attached hereto and incorporated herein is the written determination of each party's legal counsel and that the parties are authorized under the laws of this State to enter into this Agreement and that the Agreement is in proper form. IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above written TOWN OF MARANA STATE OF ARIZONA Department of Transportation By EDDIE HONEA Mayor ATTEST: By JOCELYN C. BRONSON Town Clerk By SAM MAROUFKHANI, P.E. Deputy State Engineer, Development Regular Council Meeting -July 20, 2010 -Page 62 of 198 IGA/JPA 10-071I ATTORNEY APPROVAL FORM FOR THE TOWN OF MARANA I have reviewed the above referenced Intergovernmental Agreement between the State of Arizona, acting by and through its DEPARTMENT OF TRANSPORTATION, and the TOWN OF MARANA, an Agreement among public agencies which, has been reviewed pursuant to A.R.S. § 11-951 through § 11-954 and declare this Agreement to be in proper form and within the powers and authority granted to the Town under the laws of the State of Arizona. No opinion is expressed as to the authority of the State to enter into this Agreement. DATED this day of , 2010. Town Attorney Regular Council Meeting -July 20, 2010 -Page 63 of 198 SPECIAL COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, June 15, 2010, 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 SPECIAL COUNCIL MEETING CALL TO ORDER AND ROLL CALL Mayor Honea called the meeting to order at 6:03 p.m. Town Clerk Bronson called roll. All Council Members were present except Vice Mayor Kai, Council Member Clanagan, and Council Member Post, who were all excused. PLEDGE OF ALLEGIANCE~INVOCATION/MOMENT OF SILENCE APPROVAL OF AGENDA Motion to approve moved by: Council Member McGorray, second by Council Member Ziegler. Motion carried unanimously 4-0. . Council Member Clanaganjoined the'dais at 6:09 p.m. Vice Mayor Herb Kai joined the dais at 6:12 p.m. Council Member Post joined the dais at 6:16 p.m. CALL TO THE PUBLIC PROCLAMATIONS' ` MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER' S REPORT: SUMMARY OF CURRENT EVENTS PRESENTATIONS P 1: Presentation: Related to Planning; presentation on the General Plan update and revision process Kevin Kish presented this item. He gave a general overview and update on where the Regular co~~,i~~>~r~~.lai~y~~~~~'eella~ded. A few of the accomplishments over the last few 1 June 15, 2010 Special Council. Meeting Minutes months were a 21-member advisory team to help guide the process, a website to help the public engage in the process, and the addition of a notify-me section on the web so that the public can stay informed if they choose. Mr. Kish stated that the town decided to include state statute requirements for populations over 50,000 in order to show our progressive side and to prepare for our next phase of growth. The draft document will be out for public review and comment by the beginning of next month. The item will be taken to the voters in the 2011 election cycle. Presentation is available in the Town Clerk's Office. P 2: Presentation: Relating to Utilities; developing a recommendation for the provision of water service outside of the Town of Marana Dorothy O'Brien presented this item. She presented a map with- current and proposed boundaries for providing water service in the Town. Staff is recommending a policy for the provision of water service to the areas outside of the town. The policy recommendation is as follows: commercial and industrial property, residential subdivisions, as well as single family residents and non-commercial within the general planning area and outside the established water service area would be required to annex. No annexation would be required if you were a single family residential home or a non- commercial business within the established area of the Town of Marana water service. Ms. O'Brien stated that Title 14 does require that water service extensions outside the town limits does need to come to the council, but would like a policy by which to talk to people who come into the department to ask for service. Presentation is available in the Town Clerk's Office. Motion to direct town staff to proceed with. implementation of the staff recommendation moved by Council Member Ziegler, second by Council Member McGorray. Motion-carried unanimously 7-0. CONSENT AGENDA LIQUOR LICENSES BOARDS, COMMISSIONS. AND COMMITTEES COUNCIL ACTION 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. FUTURE AGENDA ITEMS ADJOURNMENT Motion to adjourn moved by Council Member Clanagan, second by Council Member McGorray. Motion carried unanimously 7-0. Regular Council Meeting -July 20, 2010 -Page 65 of 198 2 June 15, 2010 Special Council Meeting Minutes The meeting was adjourned at 6:22 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council special meeting held on June 15, 2010. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk Regular Council Meeting -July 20, 2010 -Page 66 of 198 3 June 15; 2010 Special Council Meeting Minutes REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, June 15, 2010, 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 REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL Mayor Honea called the meeting to order at 7:02 p.m. To~i~n Clerk Bronson called roll. All Council Members were present. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE. Led by Mayor Honea. APPROVAL OF AGENDA. Motion to approve moved by Council Member Post, second by Council Member Comerfora~' Motion carried unanimously 7-0. CALL TO THE PUBLIC. David M©rales spoke regarding Marana being an Edge City. Albert Lannon, Steve Storzer and 1Vlelissa Rohlik spoke in opposition to the proposed landfill. Rick Faust, Terri Faust, Linda Storzer, Elizabeth Maxam, David Anway, Tanya Anway, Betty Turner, Pat McElroy, Charles Goddard Jr., and Charles Goddard Sr. all turned in speaker cards in opposition to the landfi II but did not wish to speak. PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS. Council Member Comerford thanked the Mayor for representing the Town of Marana at the Toros game on Sunday. Vice Mayor Kai apologized for his absence during the last half of the June 1St meeting. He said he met with Generation Seven that evening. This organization provides a conduit between tribal governments and non-tribal entities and Vice Mayor Kai would provide Council with the contact information for the group. Council Member Ziegler thanked town members and staff for hosting the Ora Mae Harn Regular Cou~c~l~i~~t~,~or~~£~~,~oe~~~t~~~i~~lso expressed kudos for the upkeep of the town's 1 June 15, 2010 Regular Council Meeting Minutes website. Council Member McGorray expressed her excitement for the continued progress on the Marana Health Center. She was told that the goal is to have the building complete by Apri12011. Mayor Honea commended staff for the Ora Mae Harn `Celebration of Life' event. He said that Ms. Harn has been associated with the town since 1985 and that she has made a large impact during those 25 years. Mayor Honea also mentioned his participation in throwing the first pitch at the Toro's game. He also said his daughter was married last weekend. MANAGER' S REPORT: SUMMARY OF CURRENT EVENTS Gilbert Davidson said that the Silverbell Road Sanitary Sewer Interceptor Project has won the 2010 John L. Martin Partnered Project of the Year. He thanked staff for all of their work. Mr. Davidson reminded everyone about the July 4`" Star Spangled Spectacular in the Continental Ranch area, with fireworks beginning at 9:00 p.m. There is no formal program but a great viewing location will be available from the new park on Silverbell. The Council Executive Report will be available next Tuesday. Mr. Davidson concluded by reminding everyone about the special session next Tuesday at 6:00 p.m. regarding the proposed rezoning for the landfill specific plan. PRESENTATIONS CONSENT AGENDA Motion to approve moved by Council Member Clanagan, second by Council Member Post. Motion carried unanimously 7-0. C 1: Resolution No. 2010=5'3: Relating to'Community Development; approving and authorizing the Town Manager to execute an intergovernmental agreement between Pima County, the Cities of South Tucson and Tucson, and the Towns of Oro Valley, Sahuarita, and Marana for Receipt. of the American Recoveiy~Act Edward Byrne Memorial Justice Assistance Grant Program award C 2: Resolution No. 2010-54: Relating to Community Development; approving and authdrizing the full execution of an IGA with Pima County for renewal of the Community Development Block Grant and HOME Investment Partnership through June 30, 2013 C 3: Resolution No. 2010-55: Relating to Municipal Court; approving and authorizing the Mayor to execute`an intergovernmental agreement with Pima County for payment for the incarceration of municipal prisoners C 4: Resolution No. 2010-56: Relating to Bingo Licenses; recommendation to the State Department of Revenue regarding a Class B bingo license application submitted by St. Christopher's Catholic Church located at 12101 Moore Road C 5: Minutes of the June 1, 2010 regular council meeting Minutes reflect change as noted by the Town Clerk. Regular Council Meeting -July 20, 2010 -Page 68 of 198 2 June 15, 2010 Regular Council Meeting Minutes LIQUOR LICENSES L I : Relating to Liquor Licenses; recommendation to the state liquor board regarding special event liquor license applications submitted by the American Diabetes Association on behalf of Harley-Davidson, 7355 N. I-10 EB Frontage Road for fundraisers to benefit the American Diabetes Association Motion to approve moved by Council Member Clanagan, second by Council Member McGorray. Motion carried unanimously 7-0. BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION A 1: PUBLIC HEARING: Resolution No. 2010-57: Relating to Budget; adopting the fiscal year 2010-2011 final budget Erik Montague presented the item. If the budget is adopted tonight, staff will compile a published budget and submit it to Government Finance Officer's Association for consideration of their budget award. Motion to approve moved by Council Member McGorrav, second by Council Member Clanagan. Motion carried unanimously 7-0. A 2: Resolution No. 2010-58: Relating to Personnel; approving a salary schedule for classified employees for fiscal year 2010-2011 Suzanne Machain presented the item. The classified salary schedule reflects no change in salary rates for any of the grades, but does contain a few changes. Recommended for approval are two title changes for existing jobs; a grade re-assignment for one job, and three new classifications. Council Member Clanagan asked if there were salary adjustments for the re-classifications. Ms. Machain responded that if a position is re- classified to a higher range, they receive the minimum of the new range or a 5% increase, whichever one is most appropriate. Council Member Clanagan asked how these specific titles were the ones to be reclassified. Ms. Machain said that as part of the annual budget process, departments were asked to submit requests for areas or jobs that they felt needed review. As a result of that process, the Human Resources Department studied 13 recommendations and moved forward with the recommendations presented tonight. Motion to approve moved by >~ice Mayor Kai, second by Council Member Comerford. Motion carried unanimously 7-0. A 3: Resolution No 2010-59: Relating to Personnel; approving a salary schedule for temporary employees Por fiscal year 2010-2011 Suzanne Machain presented this item. This is similar to the last item, except this is only for temporary employees. The only change to this schedule from the last fiscal year is the elimination of one title, Equipment and Logistics Coordinator, which will be obsolete effective July 1. Motion to approve moved by Council Member McGorray, second by Council Member Ziegler Motion carried unanimously 7-0. Regular Council Meeting -July 20, 2010 -Page 69 of 198 3 June 15, 2010 Regular Council Meeting Minutes A 4: Resolution No. 2010-60: Relating to the Police Department; approving and authorizing the Mayor to execute a Memorandum of Understanding (MOU) between the Town of Marana and the Marana Police Officers' Association relating to wages, hours and working conditions Motion to go into executive session on Item A4 moved by Council Member Post, second by Council Member McGorray. Motion carried unanimously 7-0. Council left the dais at 7:38 p.m. Council returned to the dais at 8:18 p.m. Suzanne Machain presented the item. The proposal tonight is a continuance of the current MOU that expires at the end of this month, with some changes. Preliminary discussions started in December. The town offered to bring in a consultant for the MPOA. On December 15th, the MPOA still had not submitted their proposal in accordance with the ordinance. The town received a letter from the MPOA on December 29th asking to negotiate but did not request specifics. MPOA and the to«-n agreed to attend training on January 5th and 6th, but the MPOA declined that training. The. town still had not received a proposal at this time. On February 23`a the town manager received a list of items from the association representatives with a request to begin discussion. On March 9th, Ms. Machain requested proposed language from the MPOA in the proper format and she received a onger list, but it was not in the proper format. Discussions began on March 25th. On May 1st, the parties mutually agreed to extend the due date to May 20th because they had already passed the ordinance deadline of May 1st On May 25th, the town team believed they were close to agreement; however the MPOA declared impasse on all items. Ms. Machain stated that staff met with MPOA 16 times which accounted for over 350 hours in preparation, minute taking, writing, legal review and meeting time. Ms. Machain continued discussing the proposals that were put forth by the MPOA. There were proposals that were not deemed appropriate for discussion with the MOU negotiation. Ms. Machain acknowledged that staff was not going to ignore these issues and asked to have staff address these issues in their proper manner. Because the MPOA declared an impasse on all items, per the ordinance, there is no agreed upon. document available. Ms. Machain noted that council could adopt the proposed MOU that the town has submitted, or could do an absent adoption which would allow the MOU to expire. She went on to explain that if the MOU were to expire then all of the provisions associated with the MOU would go away. Staff recommends the proposed MOU for council adoption. Mario Williams, MPOA President, addressed council and acknowledged the statements Ms. Machain made. He expressed the MPOA's concerns to council. He stated that most of their concerns were non-monetary. He also discussed concerns such as seniority, take- home vehicles, step plans, grievance procedures and on-call pay. Council Member Ziegler responded that the MPOA should have attended the classes offered to them. She expressed her concern with how the MPOA did not provide council with a proper document and instead just declared impasse on the entire MOU. She Regular Council Meeting -July 20, 2010 -Page 70 of 198 4 June 15, 2010 Regular Council Meeting Minutes reminded Mr. Williams that the entire town has taken a cut, not just the MPOA. Ms. Ziegler asked for the group to please be more organized when presenting. Council Member Comerford acknowledged that with the way the proposed MOU is written, wage negotiations can be re-opened once the economy. stabilizes. Council Member Clanagan asked Mr. Williams for the reason or goal in why the impasse was declared. Mr. Williams responded that the reason was so that the town would meet their three non-financial issues. John Stair, Vice President of AZ COPS addressed council expressing support for the MPOA and that AZ COPS will continue to work with the MPOA in the future. Gilbert Davidson concluded the discussion. He recommended for council to approve memorandum of understanding as presented, to direct staff to continue to work on other issues that need be addressed, and to make modifications to the ordinance that structures the MOU, i.e. the Meet and Confer Ordinance. Motion to approve moved by Council Member Clanagan, second by Council Member McGorray. Motion carried unanimously 7-0. A 5: Resolution No. 2010-61: Relating to Mayor and Council; cancelling the July 6, 2010 regular council meeting Jocelyn Bronson presented the item. Staff recommends cancelling the July 6, 2010 regular council meeting as there is a special council meeting scheduled for July 27, 2010. Motion to approve moved by Council Member Post, second by Council Member Clanagan. Motion carried unanimously 7-0. ITEMS FOR DISCUSSION/POSSIBLE ACTTON D 1: Legislative/Intergovernmental Report: Discussion/Direction/Action regarding all pending state and federal legislation and'report on recent meetings of other legislative bodies No report EXECUTIVE SESSIONS Motion to go into executive session on Item E2 moved by Council Member Comerford, second by Council Member Post. Motion carried unanimously 7-0. Council Member Clanagan was excused at 9:15 p.m. Council left the dais at 9:15 p.m. Council returned to the dais at 9:41 p.m. 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 tc~on~stultation fortlegCatl advice with the Town's attorneys and discussion and to consider its RegularCot~n~c~"IOfeertingn~uly~d~oTOth&ageo~ofnager and staff concerning (1) the lawsuit entitled 5 June 15, 2010 Regular Council Meeting Minutes 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 FUTURE AGENDA ITEMS ADJOURNMENT Motion to adjourn moved by Council Member Post, second by Council Member McGorray. Motion carried unanimously 6-0. Meeting adjourned at 9:42 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of he Marana Town Council meeting held on June 15, 2010. I further certify that a quorulri was present. Jocelyn C. Bronson, Town Clerk Regular Council Meeting -July 20, 2010 -Page 72 of 198 6 June 15, 2010 Regular Council Meeting Minutes SPECIAL COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, June 22, 2010, at or after 6:00 PM Ed Honea, Mayor Herb Kai, Vice Mayor Russell Clanagan, Council Member Patti Comerford, Council Member Carol McGorray, Councii Member Jon Post, Council Member Roxanne Ziegler, Council Member SPECIAL COUNCIL MEETING CALL TO ORDER AND ROLL CALL Mayor Honea called the meeting to order at 6:O1 p.m. Upon roll call, all Council were present except Vice Mayor Herb Kai, who ~~~as excused, and Council Member Clanagan who arrived on the dais at 6:03 p.m. PLEDGE OF ALLEGIANCE/1N VOCATION/MOMENT OF SILENCE Led by Mayor Honea. APPROVAL.OF AGENDA Motion to approve moved by Council Member Post, second by Council Member Comerford. Motion carried unanimously 6-0. CALL TO THE PUBLIC Larry Lopez, president of'AZCOPS, addressed Council regarding the MOU passed by Council at the June 15, 2010 meeting. PROCLAMATIONS`, MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Dispensed. MANAGER' S REPORT: SUMMARY OF CURRENT EVENTS Dispensed. Mayor Honea addressed the audience and stated that the public would be able to address the speakers after the presentations were made and Council had had an opportunity to ask questions. Regular Council Meeting -July 20, 2010 -Page 73 of 198 l June 22, 2010 Special Council Meeting Minutes PRESENTATIONS P 1: Relating to Development; presentation and discussion on the proposed landfill rezoning application Introduced by Kevin Kish, who gave an overview of the landfills within the region from Phoenix to Sahuarita, showing the distribution within the southern Arizona region. He noted that consultants would be presenting on four items of concern and then reporting their findings and recommendations. He made special mention of the Butterfield station which is where Waste Management takes their municipal waste from the Ina Road station. He noted that Tangerine is basically closed to commercial business. Eventually staff will present a request to Council for approval for a`'rezoning, based on the annexation that Council passed in May. The facility will be run and regulated by the Municipal Solid Waste Landfill, Arizona Department of Environmental Quality under federal and state and local laws. It will be restricted with many conditions to solid municipal waste. Perimeter buffer yards are proposed of 2tJ0 feet along the north and west property lines and up to 470 feet in the upper corner: Council Memt~er Clanagan asked the closest home as you look around the buffer. Mr. Kish responded that upon build out, Silverbell West would be approximately one-half mile. The disposal area consists of approximately 430 acres with the buffer area being 103 acres. He then noted the proposed pattern of the phasing of the landfill. After the off-site infrastructure is completed including road improvements, the waste station and offices and the first cell would be in the lower southwest corner of the site. Cell areas get. constructed under their proposal under approximately three phases. The first phase of eight to ten acres is for thefirst cell. The ultimate height under the current proposed specific plan is 195 feet above surface level at the highest area. The height would increase to that point at the completion of the cells. If the project continues to move forward and approval for the rezoning is' successful, there are still a lot of steps. Just for the town of Marana, there would be development plans, landscape plans, native plant permits. the associated improvement plans -off or on-site infrastructure. There are also many state and federal permitting processes. The town has four specific permits - floodplain use, grading, building for the on-site structures, and right of way permits for any work within the public right of-way. ADEQ is the federal authorizing environmental protection agency. Their permitting requirements range from endangered species status, archaeology, wetlands, floodplains, airport notification and storm water to name a few. In addition to the state .ADEQ, Pima County has environmental requirements, Title 5 air permits, aquifer protection permits for the proposed septic systems, Department of Transportation, Arizona Department of Water Resources permits for general industrial use in conjunction with AMA, US Army Corps of Engineers for 404 permitting in conjunction with ADEQ. There are some unique things associated with a private landfill such as the financial assurance mechanism, which under state statutes and federal laws of ADEQ, provides for the facility closure, post closure care and corrective action. So prior to them opening up a landfill, ADEQ receives the financial guarantees for these issues. It requires an annual review. The cost is determined by a report provided to ADEQ on what the costs associated with the service areas activities taking place. As the cells grow, it gets Regular Coun~l~lee~ingVeJul~y ~e~~~OT~ 9e ~o>1~~d size of cell one is approximately 30 acres. The first 2 June 22, 2010 Special Council Meeting Minutes phase is eight to twelve acres. The ultimate height of this portion of Cell One would be less than 195, but he didn't know exactly what that would be. One hundred ninety-five is the maximum height under the proposal. As the progress continues on sloping, that gets landscaped and irrigated to start the growth of vegetation so you won't get the tailings look like you see at mines. This is done sub-cell by sub-cell. Once you get to a bench area, that will get landscaped, and then the next level and so on. Mr. Kish concluded the overview and introduced Clint Glass, from CMG Drainage Engineering in Tucson, who provided information on the surface hydrology and floodplain issues of the project. He started by showing a FEMA flood hazard map which extends one mile beyond the boundaries of the property. The discharge values for Brawley Wash at 35,000 cfs at the confluence of the east and west branches of Brawley Wash. The east branch is largely a sheet flow area over farm canals and diversion structures that flows up to the north of the property. The numbers. are very consistent with other water courses in the region and maybe just a little conservative. He conducted a floodplain study similar in detail to what was done in the Tortolita study a year or so ago. That study determined that for discharge rates between the different branches there is a distribution of flow of 21,000 cfs to the west branch and 14,000 cfs to the east branch. These results almost exactly mirror the results of a study conducted by the Pima County Flood Control District in 1996. The final step in our analysis has been to take the floodplain information that we developed for the existing conditions and encroach into that floodplain with the landfill structure -just block off where the landfill goes to make a determination of what the changes and the flood boundaries and elevations are on the perimeters of the property. xnd the adjoining property. Our model determines the amount of water coming into the project site on the west half of the property at about 900 cu feet per'second that would need to be accommodated by the project. On the east half, a total of 1850 cu ft per second. We're showing 200 foot setbacks on the west and the south property boundaries combined with an excavation at 200 foot at least two foot deep channel to accept that water and convey it to the east side of the property or to the west side and onto the north and tie back into the existing flood boundaries. On the east side of the: property a greater setback of 300-500 feet is needed to accept that 1850 cu ft per second, and that would also require a grading of a two foot channel across that whole width in order to comply with the floodplain ordinance requirements. In summary, with the construction of drainage improvements around the perimeters of the property, we believe that the facility could comply with the town of Marana floodplain ordinance: This is based on a 100-year flood plain. No other assessment has been made. Guesstimating fora 500-year floodplain, they probably will not expand too much on the far east or the far west because the land is topographically rising, so even if the flow depths get another foot or two deep it's not likely the flood boundary would move very far.. Mr. Kish introduced Mark Cross from Montgomery & Associates to talk about the aquifer. Mr. Cross discussed a groundwater assessment for the landfill beginning with some background information to establish context. And then he reviewed past, future and cur~~r~~e~~nt groundaaw,,~~ater conditions and the controlling factors that control groundwater level Regular Co nc7Nree~1 glfguly"~tf,"2~'I~Sh~a~e75`o~# ~~n gave background on the regional aquifer and what 3 June 22, 2010 Special Council Meeting Minutes groundwater levels are influenced by. Mayor Honea asked what he estimated the static water level would be at its maximum with the recharge - is there aceiling -could water level come up to ground level with pumping and recharge increases or stays the same? Mr. Cross replied yes, but there are scenarios where it could rise or decline many decades into the future. The depth to water decreases as you move away from the water recharge source. Rates of movement are about 100 feet per year. There are two municipal supply wells of interest, one owned by the City of Tucson. Travel time for groundwater to move from the landfill would be about 50 years. He then showed a series of slides about the effects of recharge. The regulatory process will monitor any necessary corrective actions. You can't guarantee there would never be a leak, but monitor wells will be able to determine that groundwater has been affected and corrective actions can be implemented. He noted that monitor wells do not sample a large area but there would be more than one well and located upgradient and downgradient wells. There would not be a monitor well for each well. The monitoring plan has not-been prepared. The owner or operator typically monitors the wells and then submits',.:reports to the regulatory agency and then water samples are submitted to an agency that's approved by the ADEQ. The monitoring plans and sampling procedures and details of what's proposed all need to be submitted and approved before the first monitor well is drilled. Sometimes a third party is selected. If a leak gets into the aquifer, a pump and treat corrective action would occur. If it was a soil issue, it would be treated with soil vapor action or in situ treatinent where materials are injected into the groundwater to assist in biodegradation if they are contaminants that can be biodegraded. Council Member Ziegler asked if there had ever been an incident in Pima County where extraction was necessar}' within the last 25 years. Mr. Cross responded that some of the older landfills had problems because they were not lined when waste other than municipal waste was disposed, such as solvents or refrigerants. According to information from: Pima County, Tangerine Landfill is lined and there has been no evidence of any defect' on groundwater. Council Member Ziegler asked about the depth of the landfill. Mr. Cross reported that it's deepest along the perimeter at this stage and then rises up toward the center. The groundwater would be about 100 feet today from~t~e bottom of the landfill. Alejandro Angel from PSOMAS was the next speaker and addressed the traffic issue. He noted that his firm did not prepare the study for the landfill, but reviewed the traffic study to evaluate its findings, and whether they concurred with the findings. He first presented the traffic study methodology which gives a picture of existing conditions and then what traffic would be benerated by the landfill for 2013 and 2030. Traffic counts were conducted at several locations between Trico and I-10 for existing conditions. Then landfill traffic was counted. The scenario for 2030 assumes that Avra Valley Road will be widened to four lanes per the RTA/PAG plan. Based on those findings, improvements were identified to serve the landfill. One of the key things in this study was the traffic generated by the landfill. Typically, trip studies use the ITE Trip Generation Manual is used to estimate trip volumes, but does not include landfill data. In this case, they assumed the private traffic that use the landfill -that traffic would be comparable as to what Tangerine generates today -about 200 vehicles inbound and outbound every day for a total of about 420 a day. For comparison, Avra Valley Road carries about 4,000 or 5,000 cars a day. This represents a 15% increase on Avra Valley Road which is significant but the capacity of a road. like AV Road today is about 15,000. The current traffic is about 4,000 and 8,000, with the highest at the I-10 interchange. Regular Council Meeting -July 20, 2010 -Page 76 of 198 4 June 22, 2010 Special Council Meeting Minutes The private traffic was based on the Tangerine landfill, and the commercial traffic was estimated by the owner using some data from Los Reales, and what they estimated is 60 garbage collection trucks and approximately 40 transfer trucks per day. The transfer trucks carry seven or eight tons of trash and get loaded into larger trucks that carry about 25 tons. The trip generation of the landfill can change a lot depending on who is being served. Most traffic comes from transfer trucks; even though they are fewer, they are heavier. Most of the traffic is assumed to be coming from the east from I-10 to get to Avra Valley Road, and the traffic on his slide of 300 IB and 300 OB is expected to grow about 25% or about 800 vehicles over the next 20 years based on the increased use of the landfill. The study finds there is sufficient capacity on Avra Valley Road and at the interchange. The new traffic signals are warranted at the Sandario intersection. The one thing that's obvious is that the pavement condition is poor and a landfill will have an impact on that pavement. The more transfer trucks you have, the more the impact. It's not a big impact on operations, so it's a tradeoff. The. study recommends a full geotechnical report to evaluate the impact of those trucks on the pavement. The other thing that is recommended is to do a structural evaluation of the bridge over the Brawley Wash. Now that bridge is rated for 80K pounds which is sufficient, but Pima County has been considering reducing that weight allowance and putting a restriction on the bridge because of structural concerns. The study did find hat there's a need to construction turn lanes at a few locations - at the landfill entrance in`both directions - as well as two turn lanes at Sandario. Up to this point, this is what the traffic study performed by the property owners found. In my opinion, most of the findings of the study are reasonable. Trip generation is still unknown, and that's a key ingredient because we don't ~nov~ whether the traffic will be coming from transfer trucks or from regular trash collection trucks. We need more information on the service area of the landfill, what population it will serve and how fast it will grow and where the trash will be coming from and how the transfer stations will be used. We believe the study needs to be revised for those items as those changes could affect the improvements required. But it's not a problem of roadway capacity. Those changes would primarily affect how much impact this would have on the pavement and the impact. on the bridges on the Brawley Wash and another bridge on Trico Road that has ~a weight limit as well. Some of their evaluations were done by tonnage. That's the other factor that needs to be evaluated. More information is needed for that analysis. There are no restrictions on the Brawley Wash bridge today, but it would be the east branch of the Brawley Wash and east of the landfill. On Trico Road over the Santa Cruz River there is a 30,000 pound weight restriction in place. Trico Road would serve a minimal amount of landfill traffic and could serve the regular trash collection trucks but could not serve the transfer trucks. The determination is part of the requirements for the project owner, and the analysis is being done by Pima County today. Mr. Angel responded to a question from Mayor Honea about ingress and egress. The only access is Avra Valley Road; there would be no access from Silverbell Road. He also clarified that the heaviest traffic on Avra Valley Road is at I-10 -about 8,000 vehicles a day. As you go west, it goes down to about 4,000 vehicles a day. As you get near the landfill, the intersection with the highest turning vehicle traffic is at Sandario and Avra Valley. That intersection was evaluated to seeing if a turning signal was needed, but it doesn't generate enough traffic to warrant the signal according to the current trip generation figures. It would be more necessary to have a signal at that location than at I-10 and Regular Counci~~ileVet nl9eyu~y ~~e2t~rl~f~agel~o~lss~`'ere revised. 5 June 22, 2010 Specia] Council Meeting Minutes The last speaker was Jim Harris, president of Coffman & Associates in Scottsdale, Arizona to talk about airport concerns relative to the landfill. His firm has served as the town's airport planning consultant for a number of years and prepared the airport master plan in 2007. His study evaluated impacts to the airport if a landfill was established. There are several guiding documents which reside with the FAA which has oversight of the airport as part of the federal air transportation system. Two keys advisory circulars relative to a landfill are FAA documents which involve the construction or establishment of landfills near public airports and also hazardous wildlife attraction on or near airports. The first thing you generally look at with regard to the airport would be boundaries around the airport, prescribed in the advisory circulars. The first criteria is if the airport has a general aviation airport, would the airport be served by piston powered aircraft. There's a boundary established for those types of aircraft of a radius of 5,000 feet around the airport. There's a boundary for turbojet aircraft which is the case for Marana, which increases to 10,000 feet from the runway ends. The landfill itself as presented is approximately 15,000 feet from the airport, so it's well outside of the 10,000 foot boundary. There is another boundary that says if the proposed landfill is within five miles of the airport, then some other conditions have to be met. --But the intent of the five-mile buffer and the way FAA would look at this would say if a landfill is in that buffer, they want to be assured that the landfill - as an attractant to wildlife-most significantly birds - would not pose a hazardous situation to the airport. Their concerns are birds that may nest or roost along the Santa Cruz River that would transition between that area to the landfill as a food source and cross over the approach ends of therunway or in the vicinity of the airport. And vice versa, if birds were to find the landfill attractive to nest or roost but the food source was in the Santa Cruz;. they want some assurance that that situation would not arise. Generally, the way to do that is to have the landfill analyzed by a certified. wildlife biologist and the results of that analysis presented to the FAA to assure that that condition would not occur. With that in mind, that is something that. as the document was reviewed, that particular analysis by a biologist has not been done but that should be done to determine that thafcase would not exist. The next thing we looked at and the second most critical to the FAA is the height of structures around airports. There are a number of different surfaces that are established by the FAA. As an example, if you're looking at a football field, everything radiates away from the center of the field, upward and outward, protecting those surfaces out to a point which is the outer edge of the conical surface around the perimeter. There is another surface called the horizontal surface which sits 150 feet above the airport which must be protected as well. The landfill under the current situation impacts the outer edge of the conical surface just on the perimeter of the landfill. The height of that surface would be about 206 feet above the landfill height if the landfill were at the 195 feet fully constructed. So it does sit below that particular surface. The future for the airport -the master plan considered improvements to the runways, to instrument approaches to the airport and as such there are some different surfaces and expansion of surfaces, but in this particular case, the conical surface itself just overlies the eastern one third of the landfill. There's no impact to the surfaces; however, there is a process that is required by the FAA any time there is construction near an airport that that type of construction, the height of the structure must be disclosed to the FAA and then they evaluate it to make sure it doesn't pose a hazard to aircraft operating in and out of the Marana Regional Airport. Regular Council Meeting -July 20, 2010 -Page 78 of 198 6 June 22, 2010 Special Council Meeting Minutes In conclusion, there are really two steps that need to be looked at from the airport's perspective. One is filing federal form 2460-1 to initiate the coordination of the obstruction evaluation -the Notice of Proposed Construction. The FAA provides a finding as to whether there would be an obstruction or a potential hazard. Also, the preparation of either a mitigation plan or a wildlife study to determine that the landfill would not be an attractant, and if it were, what could be done to mitigate that to ensure that it would not occur. Finally, if the second one, if a hazard plan or the wildlife hazard plan were found not to be acceptable to the FAA, then the town has some obligations as the airport sponsor under the grant assurances to then deal with that situation to prevent its establishment. When the airport additional. findings and future steps will have to. be taken. Deterrents to keep birds away from the airport would be to make sure there,aren't food sources available, including landscaping that is not a nesting attractant. Mayor Honea called fora 10-minute break before the wrap-up. The meeting resumed at 8:14 p.m. Mr. Kish noted that there was an additional presenter intended to speak to the public health issue who was unable to be there. The applicant is working to get a public health report done by an expert. Once that's submitted, the town will work with Pima County Health Department to look at providing comments and making sure it's a valid study. Further, he noted that he learned that Tangerine Landfill is not closed to commercial haulers, but commercial haulers are choosing not to use it at this time. The Tangerine Landfill is lined based on information from Pima County. Council Member Post asked when Mr. Kish thought he would have the public safety or public health person before Council. Mr. Kish responded that he expected a report in the next couple of weeks and then asking Pima County Health to help them analyze it. Council Member Post asked what the procedures are going forward. There are a couple of options The next presentation anticipated before the Council would be the public hearing of the rezoning and a decision by Council. He is also looking at doing an open house next week. There is not a specific date scheduled, but the first opportunity would be July 20. 'The next would be August at the first or second regular meeting. The open house will be July 8 at tov~ro hall, and notification will be published in the media as well as to those who have sent a-mails and other forms of communication. Members of the public submitting speaker cards in opposition to the landfill were Melissa Rohlik (spoke), Joan Travis-Triumph (spoke), Robert Ruppelius (spoke), Annie Shellberg (spoke), Pam Ruppelius (spoke) and Steve Storzer (spoke). Frank Triumph, Michelle Otero, Elizabeth Maxam, Linda Storzer, Dolores J. Mano, Pat McElroy, Tanya Anway, David Anway, Jens T. Hill, Betty Turner. Those speaking in support of the landfill were Matthew Vorholzer, Lisa Felix and Tisha Felix. Michael Racy, representing the applicant, introduced Garth Bowers from Cornerstone, an engineer for the project also addressed Council on some of the technical questions that were``,,raised~~}ea~~rlhhier~~.aaThe firm of Structural Grace is already under contract to do an Regular Cou c~i'Idlee'~ingf 5`u'ly 7tf,'21~~ ~agee7~of ~i98`anch of the Brawley Wash and the applicant will be 7 June 22, 2010 Special Council Meeting Minutes responsible for any upgrades that are necessary for that facility as a consequence of any increased truck traffic. Mr. Bowers addressed Council by stating that this is the beginning of a very long process and a lot of the questions that have arisen tonight by the other consultants working for the town are questions that are part of the permitting process that we can't start on until it goes through the zoning process. There's a lengthy permitting process with ADEQ as well as the FAA. He noted that the average depth of the facility is about 40 feet. The deepest parts are areas of the facility where the bottom will be at existing grade in the center of the site. The height of Cell lA in the corner will be about 10 feet above the top of the screening berm which will be vegetated with trees. He noted that there will be a lot of information available at the July 8 open house and will be prepared to answer any questions at that time in more depth. He also noted that the monitoring wells will be part of the hydrological study required by ADEQ. It's likely that they will have a large number of wells along the western or downgradient side. They will be focused around the areas where the liner is the deepest and the least separation from the liner to the groundwater and spaced as required to pick up any possible contamination. Dust control is applied only to the extent that it gets the top surface wet to overcome the evaporation rate. The monitoring of the wells and water samples will be done by a third party per the ADEQ permit, so it's unlikely that the owner would want to be in that position. Council Member Post asked Mr. Racy to address why the landfill has to be so large. It is basically related to cost. The Tangerine Landfill or other gravel pit landfills that were built in the SOs and 60s, the contamination goes back to the kind of facility that was taking liquid waste and which started as small facilities whichthe regulating agencies say you should not do any longer because of the extensive monitoring and mitigation. This facility will serve all of northern Pima County and all of southern Pinal County as well as incidental hauling from this area. The Cactus Landfill in Pinal County is virtually identical. Mineral Mountain is in the same range. This is the size these modern facilities are designed to. CONSENT AGENDA LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION 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 instructpthe Town Manager and staff concerning (1) the lawsuit entitled Regular Co n°1~lee~ing ~u~y'~~, ~o1'Ol~age s~o~~a~ima County v. Marana (consolidated), Maricopa June 22, 2010 Special Council Meeting Minutes 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 FUTURE AGENDA ITEMS Council Member Clanagan asked if Council would consider setting aside a day and partnering with Parks & Recreation and other community groups before the Twin Peaks Interchange is opened to vehicular traffic, to turn it over to the community -walkers, runners, joggers and cyclists. ADJOURNMENT Motion to adjourn moved by Council Member Post, second by Council Member McGorray. Motion carried unanimously 6-0. The meeting was adjourned at 8:57 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on June 22, 2010. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk _, Regular Council Meeting -July 20, 2010 -Page 81 of 198 9 June 22, 2010 Special Council Meeting Minutes 11555 W. CHIC CENTER DRNE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, July 20, 2010, 7:00:00 PM To: Mayor and Council From: Jocelyn C. Bronson ,Town Clerk Strategic Plan Focus Area: Not Applicable Item L 1 Subject: Relating to Liquor Licenses; recommendation to the state liquor board regarding an Acquisition of Control Change submitted by Nicholas Carl Guttilla on behalf of Wingstop, located at 3662 W. Ina Road Discussion: This application is for an Acquisition of Control change of a Series #12 (Restaurant) liquor license submitted by Nicholas Carl Guttilla on behalf of Wingstop, located at 3662 W. Ina Road. Pursuant to state law, "the local governing body of the city, town or county may protest the acquisition of control within sixty days based on the capability, reliability and qualification of the person acquiring control." The Marana Police Department has conducted a local background check and have no objections to the issuance of this license. The applicant, Nicholas Carl Guttilla, sent a letter to staff requesting that we waive our $500 Liquor License Application fee. According to the applicant our fee schedule does not specifically mention a fee for an acquisition of control change. By way of example he pointed out that the City of Tucson has separate fees for license applications and for acquisition of control changes. Our fee schedule has one fee for both applications and transfers. It is the opinion of staff that an acquisition of control change is equivalent to a transfer. ATTACHMENTS: Name: Description: Type: ~ Liq Lc_Wingstop.pdf 4pplioatian Backup Material Staff Recommendation: Staff recommends that Council not submit a protest to the DLLC for this application and that the standard fee found in our fee schedule be assessed. Suggested Motion: OPTION 1 a: I move to adopt an order to not protest the Acquisition of Control change of a Regular Council Meeting -July 20, 2010 -Page 82 of 198 Series #12 (Restaurant) application submitted by Nicholas Carl Guttilla on behalf of Wingstop, located at 3662 W. Ina Road and to charge the standard fee for liquor licenses found in the Town's fee ordinance. OPTION lb: I move to adopt an order to not protest the Acquisition of Control change of a Series #12 (Restaurant) application submitted by Nicholas Guttilla on behalf of Wingstop, located at 3662 W. Ina Road and to not charge the standard fee for liquor licenses found in the Town's fee ordinance. OPTION 2a: I move to adopt an order protesting the Acquisition of Control change of a Series #l2 (Restuarant) application submitted by Nicholas Carl Guttilla on behalf of Wingstop, located at 3662 W. Ina Road and to charge the standard fee for liquor licenses found in the Town's fee ordinance. OPTION 2b: ' I move to adopt an order protesting the Acquisition of Control change of a Series #12 (Restuarant) application submitted by Nicholas Carl Guttilla on behalf of Wingstop, located at 3662 W. Ina Road and to not charge the standard fee for liquor licenses found in the Town's fee ordinance. Regular Council Meeting -July 20, 2010 -Page 83 of 198 ARIZONA DEP •.14 R U5-~'7-10P01 800 Check a ~ A ro riate ~ Baz p Agent Change x ~'~i# ~~-" :.. Complete Sections 1,2,3,4,6 ~ Comp1~,S1'iir# (See Note 1 on bactaa ~ ~ , . SECTION 1 (COMPLETE THIS SECTION FOR AGENT 1. Name {INDIVIDUAL OR EXIST9NG AGENT (ff no agent change} OR GUT7ILLA NICHOLAS LIQU ~ LICEN~&~~~iT.~ h~ cii~1 Floor 1VV(V.1i71,1f1 V!l,j'~Yr1 V1fIV i i ~VL ~ L1Ga7! RVV 1 fJRG #~, ~ f ~,~ p: , /f ~i ~~. ~~ ^ ~ E`,~ ~' Restructure ~. . tng~ge . ; pleie Sections 1,2(3,4 if changing Agent) ,5,6 ~>~, =^`~ (See Nobs 2 on bacld Last F'ust 2. Qx Co oration Wingstop Beverages III, Inc. rp ^ L.L.C. ^ NIA: 3. Business Name: Wingstop ISIT!ON OF CONTROL OR RESTRUCTURE OR CORPORATE OFFICER OR L.L.C. CONTROLLING MEMBER) CARL 12103953 Middle {Exactly as K appears on Articles of inc. or Artides of Otg.) Liquor License # Corp. File #: F71788107 (Exacti as it appears on license) 4. Business Address: 3662 W. Ina Road ~fucson Pima 85741 (Do not use P.O. Box Number) City COUNTY Zip 5. Is the business located wi#hin the incorporated limits of the above aty or town? OYes I~No-~2'OL~ OF NIARAANA 6. Mailing Address: 5415 E High Street, Suite 200 Phoenix AZ 85054 City State Zip 7. Business Phone: 520.. . 882-9464 Residence Phone: ~_) fist 8. Does this transaction involve the sale of any pofion of the corporate stock? ^x YES ^ NO ^ NIA If yes, submit a certified copy of minutes. 9. Has there been any change of officers? []YES QNO ^N!A If yes, submit a certified.oopy of minutes. SECTION 2 (COMPLETE THIS SECTION FOR AGENT CHANGE, ACQUISITION OF CONTROL OR RESTRUCTURE) Each person (fisted in Section fl must submit a personal questionnaire (Form LIC0101) and a Depar#ment approved fingerprint card which may be obtained at the Dept. A person appearing in bath Lists need only submit one questionnaire and fingerprint card. 1. List individual owner or partners or all directors, officers in corp., members in LLC: See attached flow chart u~toz 42ooe (ATTAGH ADDITIONAL`SHEET(S) iF NECESSARI~ Disabled individuals requeing sped accommodations please cafl the DepaRment ~~_~C' '~.-. CSR Regular Council Meeting -July 20, 2010 -Page 84 of 198 2. Ust stockholders. or controlling members owning 10°k or more of CorpiLLC: ~~CTION 3 COMPLETE THIS SECTION FOR AGENT CHANGE If the corporatioNL.L.C. is owned by another entity, ATTACH AN OWNERSHIP AND DIRECTOR /OFFICER (MEMBER DISCLOSURE for the parent entity. Attach additional sheets as necessary in order to disclose real people. As an Agent, will you be physically present and operating the licensed premises? ^ YES ®NO If you answered YES, you must provide proof of attendance of a Department approved Liciuor Law Training Course within the last five years before you~ application for Agent can be submitted. If "no" a manager with approved training must be submitted. SECTION 4 {COMPLETE THIS SECTIOht FOR AGENT CHANGE) To be completed by the INDNIDLIAL OR EXISTING AGENT OR CORPORATE OFFICER OR L.L.C. CONTROLLING MEMBER: 1. License Number. Date of last renewal: 2. Current Licensee or Agent: (Exactly as it appears on license) Last ~ FirsY Middle 1, .hereby consent to the agent appointment named herein and (Print fu[I name) agree to immediately assign a new agent in the event of the death, resignation, or discharge of this agent. I also understand that 'If the background report shows that t, the corporation, or any officer, director, member, or stockholder have been convicted of a felony in the past five (5} years,l will immediately surrender the license to the Arizona Qepartment of Liquor Licenses and Conb~o! and hereby waive all rights to appeal such action. State of County of X The foregoing instrument was acknowledged before me this {Signature of INDMDUAL! CORPORATE/CLUB OFFICERlMEMBER) day of , Day Month My cemmission expires an: Year (Signature of NOTARY PUBLIC) SECTION 5 {COMPLETE THIS SECTION FOR RESTRUCTURE) !s there more than one licensed premises involved? ~ YES ^ NO If yes, SEPARATE APPLICATIONS must be filed and fees paid for each licensellocation. Type of current ownership: ^ J.T.VV.R.O.S. ^ fNDNIDU AL ^ PARTNERSHIP ^ CORPORATION ^ LIMITED LIABILITY CO. ^ TRUST. ^ OTHER Explain Type of new ownership: ^ J.T.4M.R.O.S. ^ INDIVIDUAL ^ PARTNERSHIP ^ CORPORATION ^ LIMITED LIABILITY CO. ^ TRUST ^ OTHER Explain SECTION 6 (COMPLETE THiS SECTION FOR AGENT CHANGE, ACQUISITION OF CONTROL OR RESTRUCTURE) To be completed by tNpMDUAL OR EXISTING AGENT (if na agent change) OR NEW AGENT OR CORPORATE OFFICER OR L.L.C. CONTROLLING MEiNBER as listed in Question 7 Section t: I, Nicholas Carl Guttilla hereby declare that I am the APPLICANT filing this application. (Print foil name) have read the application and the ce to d all statements are true, coned and complete. State of Arizona County of Maricopa X The €oregoing instrument was acknowledged before me this Or of i IDUAL OR AG i 2nd June 207 0 CIFFICIAI=SEAL Oa day Of .Manfh Year 9?ribA •1. 51N~~ My commission T v [iRi I .Mate 4l Ailtona MARiC~aFA C UN (' nafun; of NOTARY PUBLIC) G mm. Expires Sept 14, 2010 NOTE 1: The fe for a e fitted with this application: $100.00 far the first application and $50.00 for each addition n, no exceed $1,000.00. (AR.S. 4209.H} NOTE 2: The $100.00 fee for restructure MUST be submitted with this application {A.R.S. 4209A) Regular Council Meeting -July 20, 2010 -Page 85 of 198 WINGSTOP RESTAURANTS; INC. Arizona stores with Iignor licenses issued or pending Agent: Nick Guttilla `.~Acidr~,s~ . ~ ~~:`~~ ~~:: ~ C€ . r4 a, ~~,oUnf ~' Ltcei3s~# 1 7940 E Broadwa Bf Tucson Pima 12103952 2 3122 N Cam bel! Tucson Fima 12103950 3 1710 W Valencia Rd Tucson Pima 12103954 4 2500 N Sifverbefl Tucson Pima 12103951 5 3fi62 W. fna Rd Martina Tucson Pima 12103953 Regular Council Meeting -July 20, 2010 -Page 86 of 198 loss-apt{sroo6} ~3.~ ~~ s L~~- fit. ~I'l ~ :~~ WING ST®~' lEi©LI3kNC CO3ti'ORATION SIECiZETARY°S CEitTIF'ICATE - May 14, 2x14 The undersigned, Thomas ~. Roberts; as Secretary of Wing Stop Holding Corparatian, a Ceargia carparatian {the "Co~ml3anv"}, does hereby certify on behalf of the Cornparry as fotlaw~: (a) 'Attached to this Secretary's Certificate as Exhibit A is a true anal correct capitalization table of the Company as of the date hereof. {bj The Cort~.pany owns one-hundred percent {14a%) of the stock of Wingstop Holdings, inc., a Delaware corporation. Il~T WIT1~lESS W][~ER~OF, the undersigned has executed this Secretary's Certificate as of the date first above written. WING STOP ~IOI,DING C®itP€)I2AT7[©N By: ~.~.""" ~ 1Vame: Thomas O_ Roberts . TitIe:. Secretary Regular Council Meeting -July 20, 2010 -Page 87 of 1 J8 ''_1 i t ~.~~`~ ;; t i~ SIC. ~~ ~; .~~, E~IBIT A Company Cap€tal[izafao~.iab~e S[sares Pr#rttary ~* Corrtmon Shares RC #f 11VS LLC 4I,DCK),~Qfl 9296 Gfeacher 2,D25,t)~ 596 E~anagenzentjc3pt#on 1-Io#ders 1,538,3b1 390 Total 4~,553,3E3. 3{JQ96 * Tate percentages have been rounded to the nearest ~nrhale number Regular Council Meeting -July 20, 2010 -Page 88 of 198 `~ ~ ~L~ ~ L3 ~'. L~~. g'l ~f ~~ Roark Capital GenPar 11, LLC The LLC is soley managed by its managing member which holds all voting authordy. Managing member (sole member): Neat K. Aronson President Jeffrey J. Keenan VP/Secretary/Gen Counsel: Stephen D. Aronson Roark Capital Partners 11, LP (99.31 % owner of RC I I WS LLC} General Partner. Roark Capital GenPar II, LLC President Jeffrey Keenan VP/SecretarytGen Counset: Stephen D_ Aronson Gleacher Mezzanine Fund ll, L.P. (sub Debt Lender, Equity Co-lnvestor) (5°J° shareholder of Wing Stop Holding Corporation) Roark Capital Partners Parallel ll, LP (0.69% owner of RC II WS LLC} General Partner: Roark Capital GenPar II, LLG President: Jeffrey Keenan VPlSecretarylGen Counsel: Stephen D. Aronson RC 11 WS LLC (92% shareholder of Wing Stop Holding Corporafion) Pres/Director. Jeffrey J. Keenan VP1CF0/Sec/Director: Stephen D. Aronson ManagementlOption Holders (3% shareholders of Wing Stop Holding Corporation) Wing Stop Holding Corporation (100% shareholder of Wingstop Holdings, Inc.) Presldent/GHOiDirector: James A. Flynn Vl'lSec: Thomas O. Roberts, Jr. Wingstop Holdings, Inc. (100% shareholder of Wingstop Restaurants, inc.) Pres/Director: James A. Flynn EVP1Sec: Thomas O. Roberts, Jr. Wingstop Restaurants, Inc. {100°Jo shareholder of Wingstop Beverages Inc.) PreslDirector: James A. Flynn COO: James W. Knight, III VPlSee: Thomas O. Roberts, Jr. Wingstop Beverages Inc. (100% shareholder of Wingstop Beverages II, Inc.) PreslDin:ctor. Thomas O. Rofierts, Jr. SeclDirector: James W. Knight, Ill Wingstop Beverages ll, inc. (100% shareholder of Wingstop Beverages Ill, Inc.) PrestDirector: Thomas O. Roberts, Jr. SeclDlrector: James W. Knight; llf Wingstop Beverages lll, Inc. ~1 iL'eriS~P~'~ Pres/Director: Thomas O. Roberts, Jr. Sec/Director. James W. Knight, IEI lOfiS-002(82839 2) Regular Council Meeting -July 20, 2010 -Page 89 of 198 . Prlrtt~Form si£1 { ~,j ARIZONA l7EPARTMENT OF i_it~l10R LECENSES & CON'iRC}L 800 W Washington 5th Floor Phoenix AZ 85007-2934 ,502) 542-51 ~1. <: "u N.a ~~' ~; - Q~ES~t "M,tRE g ty ~R~$~,r~~~Ia:li~~ti~riati.an is Confiidentia[. This information may be given to Attention ail E.ocat Goventin Bodies: Social Securi ° ' . ~ '' ` `~ ~'~ local taw enforcement agencies for the purpose o~,,b,,,,~icg~tirctiecC~s.~on~jr;¢%€~rr rss~ be bfaciced fo be unreadable prior to posting Read carefully This i~ An extensive invesf~gation could result in criminal pray TO BE COMPLETED BY EACH CONTROLLING PERSON, A APPLICANT" TYPE FINGERPRINT CARD VM-IICH MAY BE ENFORCEMENTAGENCY OR A FINGERPRINTING SERVIt The fees allowed by A.R.S. & 44-68x2 will be charged for alt dishonored check '!. Check ®Controiling Person ^AgeM appropriate (Complete Questions 1-19y box -M- Controlling Person or Agent must complete #21 for a Manager 2. Name: Aronson Neal Keith ~e or print .vita BLACK INK. f. False or incomplete answers revocation of a license or permit. I COMPLETING THIS FORM MUST SUBMIT AN 'G MUST BE DONE BY A BONA FIDE LAW fMENT DOES 4 PROVIDE THIS SERVICE. Liquor License # • ~a~u39s~ (If the location is currently licensed) ^ itilanager (Only) flete At! Questions exce # 14,14a & 21) ling Person or Agent must Complete # 21 Date of Last Fret Middle (Q a Pubric Record] 3 . Social Security Number.~~ Drivers License #: State:GA (l~~ a public record] (i~f52I a pesb[ie record] 4 . Place of tiirtll: Glen Ridge, NJ USA .Height: 6,2„ Weight: 200 Eyes: Br Hairl3r City Sts#e Coun (not ~untyj 5. Marital S~tus ^ Single ~ Married ^ Divorced ^ Widowed Daytime Contact Phone: 404-591-3332 6. Name of Current or Most Recent Spouse: Conrad Wendy Lyn Conrad Date of Birfh. __ (List al[ for Last 5 years -Use additional sheet if necessary] Last First Middle Maiden (NOT a public record] 7. You are a bona fide resident of what state? Georgia !f Arizona, date of residency: 8 Telephone number to contact you during business hours far any questions regarding this document. 404591-3332 B. if you have been an Arizona resident for less than three (3) months: submit a copy of your Arizona driver's license or voter registration card. 10. Name of Licensed Premises: E -Yls-]~~D~ Q Premises Pfoane: ~~~-~`~n~~~o~ "g~~ Y''r , 11. Physics! Location of Licensed Premises Address:.3~Q~D~ l.(9 . ~Y~- i'~1~ ~LL~.dgs'`•' ~J ~')'! /4" $Jr 7~1 Street Address (Do not use PO Box #) City Couniy Zp 12. List your emalovment or tvoe of business during the oast five (5) years. If unemoloved part of the time, list those dates. List most recent 1st FRONT MonthlYear TO Month(Year pESCRIBE POSCnON OR BUSINESS ER9PLOYER'S NAME OR NAME OF SUSiNESS (sfreet address, city, state & lip) 2/05 cuRReNT Managing Partner Roark Capital Management, LLC 3101 2/05 Managing Partner Roark Capital Group • 1980 Peachtree St. NE, Suite 2500, A#lanta, GA 30309 ATTACH ADDITIONAL SHEET 1F NECESSARY FOR EITHER SEC"I-ION 13. Indicate your residence address for the last five (5) nears: FROM Mo~hlYear TO MonthlYear Rent or Own RESIDENCE Street Address if rented, aKach addifio ne number of landlord Ci State Z 7/08 CURRENT O Atlanta GA 30305 9197 7108 O Atlanta GA 30309 LIC 0401 9f24l20Q9 Disabled individuals requiring special accommodations, please call the Department (602] 542-9027 Regular Council Meeting -July 20, 201.0 -Page 90 of 198 -`!.#) ..~t_; ~ Ltd`, Lsc=. 1~[ ~ •'-' It you checked the Manager box on the €ront of this form skip t'Q ~# 15 14. As a Controlling Person or Agent, wiEl you be physicaily present and operating the licensed premises? ®YES ENO if you answered YES, how many hrs/day? ,and answer #14a below. if NC, skip to #15. 14a. Have you attended a ©LLC-approved Liquor Law Training Course within the past 5 years? Must provide proof) ®YES ^NO !f fhe answer to # 14a is "N4", course must be completed before issuance o€ a new license or approval on an existing license. 15. Have. you been detained. cited. arrested. indicted or summoned into courf for violation of ANY law or ^YES ®NO ordinance, regardless of the disposition, even if dismissed or expunged, within the past ten (10) years (include only traffic violafions That were alcohol and/or drug related)? 16. Are there ANY administrative law citations, compliance actions or consents, criminal arrest, indictments ~ YES O NO or summonses PENDING against you orANY entity in which you are now invoived? See attached. . 17. Have you or any entity in which you have held ownership, been an officer, member, director or manager ^YES p NO EVER had a business, professional or liquor application or license rejected. denied. revoked, suspedtded or fined in this or any other state? See attached. 18. Has anyone EVER filed suit or obtained a j_udament against you, the sub}ect of which involved fraud ar AYES p NO misrepresentation? See attached. 39. Are you NOW or have you EVER held ownership, been a cantrollinp person, been an officer, member, ^YES ^~ NO director or manager on any other liquor license in this or any other state? ff any answer to Questions 15 through 19 is "YES" YOt1 MUST attach a signed statement. Give complete details including dates, agencies involved, and dispositions. SUBSTANTIVE CHANGES TO THIS APPLICATION WELL NOT BE ACCEPTED 2f] I, Neal Keith Aronson hereby declare that I am the APPLICANT/REPRESENTATIVE {print fuA name of Applicant) filing this questionna~. I have read this questionnaire and al( statements are true, con~ect and complete. X State _ of ~~ ~~,4~~ ~~ ~ ~~/~° {Signature of Applicant) - ... o~ ~~ ,....• ~~ s~ The foregoing instrument was adcnovJ~edged before me this ~ •' ~~ •~••~0~°~~ ! r ~ day of ~lft,.t! a~ ~ ~ ~ v o~, .. Month Year a_oml~s~a~pi~~~ _ Q3 a I ~ o~ro ~.3 ~ fD :~~0 2 / ~ Qb~,~ ~ i Day Mordh Year {~i nature of NOTARY PUBLIC) ~~~~LETE THtS SECTION ONLY CF YOU ARE A CONTROLLING PERSON OR AGENT APPR01lING A f1~ANAGER'S APPLICATION 21. The applicant hereby authorizes the person named on this questionnaire to act as manager for the named liquor license. The manager named must be at least 21 years of age. State of County of X Signature of Controlfng Person or Rgen# (circle one} Print Name My commission expires on: Day Month Year The foregoing instrument was acknowledged before me this ,_ day of Mornh ~ Year (Signature of NOTARY PUBLIC) Regular Council Meeting -July 20, 2010 -Page 91 of 198 =~€j ;#~. :~i ~ ice. ~:~. ~€ g ::~~ Statement for questions # 16 and # I7: I am the Managing Partner of Roark Capital Management, LLC ("Roark"}, a Georgia limited liability company, and am an officer or Director of many entities affiliated with Roark's portfolio companies. Roark is aprivate-equity firm which invests through its affiliated companies primarily in consumer and business services companies, with a focus on the franchise, food and restaurant, specialty retail, marketing services and waste management sectors. Because of the large number of portfolio companies owned by affiliates of Roark, it is possible there may be administrative citations, compliance actions, arrests, indictments ar summons pending against entities affiliated with Roark at any given time, however I do not have personal knowledge of pending incidents, if any. In addition, it is possible that a Roark affiliate's business or professional licenses may been rejected, denied, revoked, suspended or fined, however, because of the vast number of licenses involved, I have no personal knowledge of such incidents, if any. The licensee, Wingstop Beverages III, LLC recently became an indirect subsidiary of a newly acquired Roark portfolio company. Statement far question # 18: Forrest P. Gunter, on behalf of himself and all others similarl, situated v. U.S. Franchise Systems ("USFS"), Inc., Michael A. Leven, Neal K. Aronson and Richard D. Goldstein Civil Action No. 100-CV-1244-RL~T, U.S. District Court far the Northern District of Georgia, Atlanta Division, filed May 17, 2000. A purported class action lawsuit was brought against USFS and certain of its present and former officers and directors. 'The plaintiff claimed to represent all purchasers of USFS' common stock during the period from May b, 1999 through October 29, I999 and sought unspecified damages on their behalf The plaintiff alleged that USFS and the. individual defendants violated federal securities laws by concealing adverse material information about the business, business practices, performance, operations and future prospects of USFS. A.s of April I5, 2002, this case was dismissed with prejudice by the plaintiff pursuant to acourt-approved settlement between the parties. Under the settlement, and without admitting liability, USFS paid $3.75, million of insurance proceeds to the plaintiffs in exchange for the dismissal of the case. None of the individual defendants admitted any liability in connection with the settlement. Mr. Aronson has not been affiliated with USFS since 2000. Neal I~eit1~ Aronson 14b5-002(95332).. Regular Council Meeting -July 20, 2010 -Page 92 of 198 ?tit. Form. ARIZONA DEPARTMENT OF LfQUOR LICENSES & CONTROL. '$00 W Washington 5th l=Eoor ...Phoenix AZ 85007-2934 G~~42) 542-51 ~= ~. r~~~ ~J~~~~;~;~ i~E Attention atE Locai Governing Bodies: Social Secu~,' a(t •~.3.i, t-~,~ •` z ~ti. n is Confideritial. This information may be given to local law enfarcemertt agencies for the purpose of~#~~d~;.i~d,~a~ertts~'~utg~ be biocked to be unreadable .prior to posting Read carefully. This insi An extensive investigafian of could result in criminal proses TO BE COMPLETED BY EACH CONTROLLING PERSON, A °APPLICAt+I'T" TYPE FINGERPRINTCARD WHICH MAY BE ENFORCEMENT AGENCY OR A FINGERPRINTING SERVI( ~~ files allowed by q~ S,,.§ +44-6852 wilt be charoed far alt dishonored cheeks. 1. Gheck ®Controlling Person ^Agent appropriate (Gamplete Questions 1-18} box ---~-~ Controlling Person or Agent must complete #21 for a 2. Name: Aronson S#ephen se or rint with BLACK lNtt: i. False or incomplete answers ' revocation of a license or permit I COMPLETING THIS FORM MUST SUBMIT AN Ili MUST BE DONE BY A BONA FIDE LkW rMENT DOES ~ PROVIDE THIS SERVICE. i. Liquor License # Ja-a39s3 (lf the Iocafion is currently licensed) ^ Manager (Only) (Complete Atl Questions e-.,xcerrt # 14,14a & 27j Controlling Person or Agent must cotnptete # 21 Date of Last First Middle {NOTa Public Record) 3 . Soaal Security Number: Drivers License State:GA fNOT a public record) (NOT a public record) 4 . Place of Birth: Glen Ridge, NJ USA Height 5'0'~ Vlleight:190 Eyes: Br Hair.Sr City State Country (not county) 5. Manta! Status ^ Single ~J Married ^ Divorced ^ Wrdowed Daytime Contact Phone: 404-591-5210 6. Name of Current or Most Recent Spouse: Aronson Dana Ellen Rosenberg Die of !3i _. (List all for last 5 years -Use additionaE sheet if necessary) Last Fast Middle Maiden (,NOT a public record) 7. You are a bona fde resident of what state? Georgia _ If Arizona, date of residency: 8 Telephone number to contact you during business hours for any questions regarding this document. 40491-5210 t3. If you have been an Arizona resident for less than three (3) months, submit a Dopy of your Arizona driver's license or voter registration~card. 10. Name of Licensed Premises: ~ /1~5~ P !~ p Premises Phone: ~~~~//~}~~g ~"~q `f'!~!O// 11. Physical Location of Licensed Premises Address: 3[~ flr a ~ . ~ ~~ 1'G~C'SDl~ )"/n~LA, ~`f. use PO Box ~ City County Trp 12. List your employment or type of business durins7 the vast five l5) years. If unemployed Dart of the time, list those dates. List most recent 1st FRONT tulonfhlYear TO MonthlYear DESCRIBE POSITION OR BUSINESS EIIAPLOYER`5 NAME OR NAME 01= BUSINE55 {street address, aty, state Szip} 2105 cuRRENT General Course! and F2oark Capital Management, LLG Managing Director 1180 Peachtree St. ICE, Suite 2500 (formerly Uce President) Atlanta, GA 30309 ATTACH ADD1TigNALSHEET IF NECESSARY FOR EITHER SECTION 13. Indicate your residence address for the East five l5) years: FROM MwdhlYear TO Monfh/Year Rerrt or Own ~ RESIDENCE Street Address if rented, attach additional sheet with name, address and one number of fandtord Ci State 2:~ 7/01 cuRRENT O Atlanta GA 30319 LIC 01 Ot 912dJ2009 ~ Disabled individuals requiring speciai.accommodations, please cal! the Department. {fi02} 542-9027 Regular Council Meeting -July 20, 2010 -Page 93 of 998 ,i-.;~~ ~ Li~~, ; ic, ~ ~ ~ ~~ ,~ If you chectcect the manager box on the front of this form skip to # 15 14. As a Controlling Person or Agent, wilt you be physically present and operating the licensed premises? ®Yi=S ENO ft you answered YES, how many hrs/day? ,and answer ~14a below. If NO, skip to #15. t4a. Have you attended a DLLGapproved Liquor Law Training Course within the past 5 years? {Must provide proof) ®YES [1N0 tf the answer to # 14a is "N(7", course mast be ~ompieted before issuance of a new license ar approval`: on ~ an existing license. 15. Have you been detained. cited. arrested. indicted ar summoned into court for violation of ANY law or ^ YES p NO ordinance, regardless of the disposition, even if dismissed or expunged, within the pas# ten (10) years (include only traffic violations that were alcohol andtor drug related}? 16. Are thereANY administrative law citations, compliance actions or consents, criminal arrest, indictments AYES p NO or summonses PENDfNG against you or ANY entity in which you are now involved? See attached. 17. Have you or any entity in which you have held ownership, been arr officer, member, director or manager ^YES ®NO EVER had a business, professional or liquor ap{~fica~ipn or license rejected, ~gnied. revoked. suspended or fined in this or any other state? See attached. 18. Has anyone EVER filed suit or obtained a jud- mq_ ent against you, the subject of which involved fraud ar pYES [] NO misrepresentation? See attached. 19. Are you NOW or have you EVER held ownership, been a controlling, person, been an officer, member, ^YES ^~ NO directo ar manataer on any other liquor license in this or any other state? if any answer to Questions 15 through 19 is "YES" YOU MUST attach a signed statement. Give complete details including dates, agencies involved, and dispositions. SUBSTANTIVE CHANGES TO THIS APPLICATION WILL NOT BE ACCEPTED 20 I Stephen Drew Aronson ,hereby declare that t am the APPLiCANTIREPRESENTATIVE {print fuq name of Applicanty filing this questionnaire. I have read this questionnaire and all statements are true, correct and complete, ~~~c```~`~ X arm:. ~,~,, ~' -- -- . -..-~. , _____~_ • State of ''f W County of __ ~~ ~, ~ ~ _~_~.,-~..._._w td~ ~~~~ ~C fiP~ignature of Applicant} ~~ Q=-,,..•--•.. ,~ e~ -- ~ sstorr Th~foregoing instrument was acknowledged beforetme this ~ t ~ A/9• = v o~~~ ~ ~ ~ i day of i/1~l +~%I ~t Q /9 ~ ~~ ~p~A~y ~`~, ~ ~ / e Month Year ~ coGr~issi9n'bTc~.ires oirQ ~ . ~3 a y ~.Q(~ ~ ~'~'- : P1.1$~-~ ~~; ~ ` Day Month Year nature of NOTARY pt1BLIC} ~ I ` ~7L r1~t~t +~~1 ` COIW~~°~~ 'E THIS SECTION ONLY IF YOU ARE A CONTROLLING PERSON OR AGENT APPROVING A MANAGER'S APPLICATION 21. The applicant hereby authorizes the person named on this questionnaire to act as manager for the named liquor license. The manager named must be at feast 21 years of age. State of County of The foregoing instrument was adcnowEedged before me this X day of Signature of Controlling Person or Agent {circle one) Month Year I'rinf Name {signature of NOTARY PU8L1C) My Commission expires on: Day Month Year Regular Council Meeting -July 2Q 2010 =Page 94 of 198 .Iii ,.Ei ~~! :~ ~ i~'~ '•_ic, ~i 1~ ~'?~ Statement for questions # 16 and # 17: I am the General Counsel and Managing Director of Roark Capital Management, LLC ("Roark"), a Georgia limited liability company, and am an officer or Director of many entities affiliated with Roark's portfolio companies. I have served in a variety of management positions at Roark since February 2005. Roark is a private-equity f rm which invests through its affiliated companies primarily in consumer-and business services companies, with a focus on the franchise, food and restaurant, specialty retail, marketing services and waste management sectors. Because of the large number of portfolio compares owned by affiliates of Roark, . it is possible there may be administrative citations, compliance actions, arrests, indictments or summons pending against entities affiliated with Roark. at any given time, however I do not have personal knowledge of pending incidents, if any. In addition, it is possible that a Roark affiliate's business or professional .licenses may been rejected, denied, revoked, suspended or fined, however, because of the vast number of licenses involved, I have no personal knowledge of such incidents, if any. The licensee, Wingstop Beverages III, LLC recently became an indirect subsidiary of a newly acquired Roark portfolio company. Statement far question # 18: In 1989 I was suedrn New 3ersey Superior Court by an individual who alleged that I failed to return certain baseball cards to him in the same condition they were in when he consigned them to me. Plaintiff solicited my assistance in connection with the sale and appraisal of the cards. This matter was settled without any admission of liability upon payment by me of $1,250 in 1994. ~~ ~~::- Stephen Drew Aronson 1065-002{95332) Regular Council Meeting -July 20, 2010 -Page 95 of 198 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, July 20, 2010, 7:00:00 PM To: Mayor and Council Item A 1 From: Lisa Shafer ,Interim Planning. Director Strategic Plan Focus Area: Commerce Subject: PUBLIC HEARING: Resolution No. 2010-68: Relating to Development; approving a conditional use permit to allow the development of a new wireless communication facility in Block L of the Dove Mountain Resort II Final Plat Discussion: Request and History Baker & Associates Engineering, Inc requests approval of a conditional use permit for the construction of a new wireless communication facility on property within the Dove Mountain Specific Plan area generally located in Block L of the Dove Mountain Resort II Final Plat on the north side of Dove Mountain Boulevard, approximately 1/a mile southwest of Secret Springs Drive. This project was presented to the Planning Commission on May 26, 2010. The Commission is forwarding this conditional use permit to the Town Council with a recommendation for approval by a vote of 5 to l ,with Commissioner Adragna dissenting. Marana Land Development Code Pursuant to Title 23 of the Town of Marana Land Development Code, approval of a Conditional Use Permit is required for the development of a wireless communication facility that includes the construction of a new tower. A public hearing must be held by both the Planning Commission and the Town Council. Proposed Land Use The Wireless Communication Facility (WCF) will be designed to accommodate up to four different wireless carriers with up to four, 35' faux saguaro camouflaged antennas. The individual antennas for the WCF will be concealed inside the saguaro structure in order to mitigate potential visual impacts. The faux saguaros are intended to blend in with the existing saguaros in the natural areas surrounding the site. A block wall enclosure area will be built on the site in order to contain and conceal all of the ancillary equipment cabinets for the antenna. The proposed screen walls will be 8 feet tall with an exterior stucco finish painted dark brown. Access to the site is provided off of Dove Mountain Boulevard using the existing driveway for the temporary parking lot and access of the Wild Burro Wash hiking trails. The WCF operates as an unmanned facility with no impacts on traffic or trip generation. A technician may visit the site Regular Council Meeting -July 20, 2010 -Page 96 of 198 every 4-6 weeks or as needed. The nearest existing wireless facility is located approximately 1 1/2 miles away from the proposed site and does not provide the necessary coverage for the entire Dove Mountain area. The new site will enhance and carry most of the voice and data call volume for users in the Ritz Carlton Hotel development and the surrounding homes in the western Dove Mountain area. Existing Land Use -Neighborhood Impact The proposed site is located within the Dove Mountain Specific Plan area. The property is Block "L" of the Dove Mountain Resort II Final Plat with a split land use designation of "R" (Resort) and MUC (Mixed Use Commercial). To the north and west of the site is a portion of the Ritz Carlton golf course and beyond that, over 400' away, are vacant residential lots, all with the land use designation of "R" (Resort). Directly to the east is the Wild Burro Wash with an "OS" (Open Space) land use designation and over 1000' away is a residential development designated "LDR" (Low Density Residential). To the south, across Dove Mountain Boulevard, is the continuation of the "OS" land use designation on the golf course and Wild Burro Wash. Currently, the proposed site is vacant and a majority of the entire parcel has been previously cleared or disturbed. The southern portion of the parcel is temporarily being used for public parking and access for the hiking trails in the Tortolita Mountains until a permanent access parking area is completed near the Ritz Carlton hotel. The equipment shelters for the wireless antennas are located on the cleared portion of the site and the faux saguaro antennas will be strategically blended in the remaining vegetation in order to reduce their visual impact. Public Notification The application for this public hearing was properly advertised and all neighbors within 300 feet of the subject property were sent letters informing them of the proposed use. As of the date of this report, Staff has received one general inquiry phone call and no letters of protest for the proposed conditional use. ATTACHMENTS: Name: Description: Type: ^ Resolution 2010- XXX Dove Mountain Resort II Resolution Resolution Cellular,doc ^ CUP._Narratve..pdf GUP Narrative Backup Material ^ Applicaton.pdf Application Backup Material ^ GUP_Location_Map.pdf Location Map Backup Material ^ CUP_Location_Map w~hoto.pdf Location Map v~tfaerial photo Backup Material ^ CUP_Site planpdf GUP Site Plan Backup Material Staff Recommendation: Staff recommends approval of the Conditional Use Permit with the following conditions: 1. Compliance with all applicable provisions of the Town of Marana Codes and Ordinances including, but not limited to, Title 23 of the Land Development Code that are current at the time of development. 2. The applicant or designated representative shall obtain Improvement Plan approval from the Town of Marana and must obtain all required building permits prior to development of the wireless communication facility. 3. No approval, permit or authorization by the Town of Marana authorizes violation of any federal or state law or regulation, or relieves the applicant or the land owner from responsibility to ensure compliance with all applicable federal and state laws and regulations including, but not Regular Council Meeting -July 20, 2010 -Page 97 of 198 limited to, the Endangered Species Act and the Clean Water Act. Appropriate experts should be retained and appropriate Federal and State agencies should be consulted to determine any action necessary to assure compliance with applicable laws and regulations. Commission Recommendation - if applicable: The Planning Commission voted 5-1 (Commissioner Adragna dissenting) to recommend approval of the Conditional Use Permit with the conditions listed in the staff report. Suggested Motion: I move to adopt Resolution 20l 0-68, approving a conditional use permit to allow the development of a new wireless communication facility in Block L of the Dove Mountain Resort II Final Plat. Regular Council Meeting -July 20, 2010 -Page 98 of 198 MARANA RESOLUTION N0.2010-68 RELATING TO DEVELOPMENT; APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE DEVELOPMENT OF A NEW WIRELESS COMMUNICATION FACILITY IN BLOCK L OF THE DOVE MOUNTAIN RESORT II FINAL PLAT WHEREAS, Baker & Associates Engineering has applied to the Town of Marana for approval to develop a new wireless communication facility, generally located within Block L of the Dove Mountain Resort II Final Plat on the north side of Dove Mountain Boulevard, approximately'/4 mile southwest of Secret Springs Drive; and WHEREAS, the subject property is currently within the Dove Mountain Specific Plan, and has a land use designation of "R" (Resort); and WHEREAS, the development of the site will include the construction of up to four, thirty-five (35) foot faux saguaro camouflaged antenna towers as well as block enclosures to contain the associated ground-mounted equipment cabinets; and WHEREAS, the Marana Planning Commission considered the request for the conditional use permit on May 26, 2010, and voted 5-1 to recommend that the Mayor and Town Council approve the conditional use permit; and WHEREAS, the Marana Mayor and Town Council has heard from the representative(s) of the owner, Town staff, and members of the public at the regular Town Council meeting held July 20, 2010, and has determined that the conditional use permit should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Town Council of the Town of Marana, Arizona that the request filed by Baker & Associates Engineering for a conditional use permit to allow for the development of a new wireless communication facility to be generally located within Block L of the Dove Mountain Resort II Final Plat on the north side of Dove Mountain Boulevard, approximately '/4 mile southwest of Secret Springs Drive is hereby approved subject to the following conditions: 1. Compliance with all applicable provisions of the Town of Marana Codes and Ordinances including, .but not limited to, Title 23 of the Land Development Code, that are current at the time of development. 2. The applicant or designated representative must obtain site plan approval from the Town of Marana Planning Department and must obtain all required permits prior to development of the wireless communication facility. 3. No approval, permit or authorization by the Town of Marana authorizes violation of any federal or state law or regulation or relieves the applicant or the land owner from responsibility to ensure compliance with all applicable federal and state laws and Regular Council Meeting -July 20, 2010 -Page 99 of 198 regulations including, but not limited to, the Endangered Species Act and the Clean Water Act. Appropriate experts should be retained and appropriate Federal and State agencies should be consulted to determine any action necessary to assure compliance with applicable laws and regulations .PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 20~' day of July, 2010. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -July 20, 2010 -Page 100 of 198 Block L at Dove Mountain Proposed Cellular Communication Facilities A wireless communication facility is proposed for the northern portion of Block L as identified on the final plat for Dove Mountain Resort. Within the Ritz Carlton Hotel and elsewhere in the western portion of Dove Mountain, cellular phone reception is fairly limited and needs to be enhanced in order to be competitive in the hotel market. The proposed improvements are planned to accommodate up to 4 carriers. Antenna and Communicafron Facilities.: Included in the package is a site plan along with pictures and details of the cactus antemla facilities, foundation details and a cross section of the proposed walls and gates. Each carrier would also utilize an artificial cactus as the antenna as identified on the site plan. The artificial. cactus has been selected to provide a medium that is aesthetically consistent with the native desert environment and more appealing than traditional antenna poles that accommodate multiple carriers. The antennas are staged in areas that have a back drop of foreground of native vegetation so they will appear to be part of the natural landscape. The enclosed pictures are from a similar facility within Stone Canyon. The base foundation is predominantly below grade to provide an appearance that mimics a natural cactus. The color of the antenna is also to blend in with. the natural environment and selected to be similar to a natural saguaro. The maximum height of the saguaro/antennas is 35 feet. Each carrier would have cellular communication. equipment within an area enclosed by a screen wall. The proposed screen wall has a height of eight feet and the exterior wall would have a stucco finish and be painted with a dark brown color. No buildings are proposed within the site. Buffers and Screening: The facility is buffered from existing residential uses by the Ritz Carlton Golf Course and Wild Burro Wash. The closest existing home is over 1000 feet and the proposed wireless communication facility is at least 300 feet from vacant residential lots in Dove Mountain Resort. The only adjoining land uses are golf, and the major open space set aside in Wild-Burro Wash. Although the appearance will only be of faux saguaros and screen walls the facility will not have any interface with residential development. Site Disturbance: Prior to construction, tee post and wire to be installed to minimize disturbance to the site. A large portion of the access to the site and a portion of the proposed wall enclosures was previously disturbed. Upon completion, area around the communication facility to be hydro-seeded. Zoning: Block L is designated as Mixed Use Commercial in the Dove Mountain. Specific Plan and Resort. Allowed uses in these land use categories include Commercial and Public Services. Property Development Standards are included on the site plan. Legal Descri tp ion: Block "L" of DOVE MOUNTAIN RESORT II, a subdivision of Pima County, Arizona, according to the- map of record in the office of the Pima County Recorder in Book 64 of Maps and Plats at page 46. Adiacent Ownersh~ within 300 Feet: 5/12/10 Regular Council Meeting -July 20, 2010 -Page 101 of 198 Dove Mountain Resort Block L- DM Phase III Investment, LLC (APN 218-19-2330) Dove Mountain Resort Common Area "B"-Landmark Title and Trust 1$177 and the beneficiary is DM Residential Investment Inc. (APN 218-19-163A} Dove Mountain Resort Block G -DM Golf Investment (APN 218-19-1830} Dove Mountain Resort Block M -Landmark Title and Trust 18277-T is 15°~° owner and Landmark Title and Trust 18278-T is 85% owner. The beneficiaries of these trusts are Rita Land Corporation and Red Hawk Marana, LLC. (APN 218-19-1910) The foregoing entities support approval of the proposed wireless communication facility in order to improve wireless service in the area. The ownership of these adjacent entities is closely affiliated with the property owner. Parkin and Access: Initial access will be along the alignment depicted on the site plan. The alignment uses. a stabilized access route that was created to provide an interim trail head parking area to provide access to trails within the State Trust Land north of Dove Mountain as well as a short addition thereto. Parking is available along the front access gates to the communication facilities. The access for the carrier will be relocated when development plans far the remainder of Block L are established and constructed and paved access will be constructed at that time. Proximity to Existing Wireless Communication Facilities: The closest existing wireless communication facility at the Northwest Fire District Station that is on Tortolita Road and just west of Heritage Highlands. This existing facility is approximately 1.5 miles from the proposed project and does not provide adequate service for the Ritz Carlton Hotel. The spacing from existing facilities. is substantial and will not interfere with existing facilities. The height of the antennas is lower than many building and saguaros so no FAA regulations would be applicable. Operation: Once constructed, the facility will not have regular access except as needed for routine maintenance. Regular Council Meeting -July 20, 2010 -Page 102 of 198 ~?. . ~ ~~ l ~`~ ~ ~.' Pi' a i1~'~r ~~ ~ «~ ' ~.F '*z,~ ~ '~.~ .-~ ~~ ~ ~ _ X.~ •~~ ~ r~ ~ ~~'i .. -t T ~ i u .s ~'[ ~ 1~~ t ~ .1 cf Sri ~ 1 ~. ~, ,~ '~, ;~ ,~, ~ ~ ~ y ~- ,~; ~~ ~ ~ ~ ~ ~' s ~,,. ~` ~ ~ ~., ~ ~ eV ~ r '~~ ~ i - ~ a, "", 4 r . z -,~ ~~ xw ~ ~ .x ~. ~~C~t' ~ ~ ~„ ~.~ ~ ~~~ : 8 ,tom i.3 n Cam. ~. ~ _~ -.: - ry.:. ~, ~. ;_ r ~d ~ , , -,:.. ~ ~ `. . ~ Regul2t CouCt~11 i:~eeting'~- ::ly 20, 2016 -Page 103 of 198 - ~''~ r ~ ?~ rt ~ ~.~ ,~ ,~ ~ ~ ~~~, * ~ ~4a }.~f ~ti i .t"~ ' ~~ r: '~~ MARANA v ^%/t\ PLANNIl~TG & ENGINEERING APPLICATION 1. TYPE OF APPLICATION. Cheek One O Preliminary Plat O Final Plat O General Plan Amendment O Variance O Development Plan O SWPPP O Landscape Plan O Native Plant Permit O Specific Plan Amendment `~ Conditional Use Permit O Rezone/Specific Plan O Annexation O Significant Land Use Change O Minor Land. Division O Water Plan O Improvement Plan (snecifv type in Descriotion of Proiect box*~ O Other 2.. GENERAL DATA RE. DIKED Numbers Parcel 2 General Plan Designation Master P l a nn i n g 18-19-2330 obeconfumedb sta Gross Area (Acre/Sq. Ft.) Current Zoning Sp e e i f i e P l a n 8.24 AC obeconfumedb s Mixed use - Com Development/ProjectNome * Proposed Zoning No Change Project Location Dove Mountain Description of Projeet* Wireless Communication Facilit Property Owner DM Phase III Investment, LLC Street Address 3567 E. Sunrise Dr. #219 City State Zip Code Phone Number Fax Number E~Mail Address Tucson AZ 85718 299-8424 577-2391 Contact Person Phone Number / E-mail William Hallinan bhallinan@cottonwoodproperties.c Applicant Baker & Associates Engineering, Inc. Street Address 3561 E. Sunrise Dr. #225 City State Zip Code ~ Phone Number Fax Number E-Mail Address Tucson AZ 85718 318-1950 318-1930 steve@baetucson.com Contact Person Phone Number ! E-mail Steve Ma elli P.E. 318-1950 x108 Agent/Representative Street Address City State Zip Code Phone Number Fax Number E-Ivlail Address Contact Person Town of Marano Business License No. 3. AUTHORIZATION OF PROPERTY OWNER I, the undersigned, certify that all of the facts set forth in this application are true to the best of my knowledge and that I am either the owner of the property or that I have been authorized in writing by the owner to file this application and checklist. (If not owner of record, attach written authorization from the owner.) William Hallinan r ~'- 3 /- ! ~ Print Name of A licant/A ent Si ~ Date 11555 W. Civic Center Drive, Bldg. AZ^Marana, AZ 85653-7003~Telephone (520} 382-2600^Fax (520) 382-2641 * Dove Mountain Resort II, Cellular Service ~2~uf ~ o cil Meeti~~,iuly 2Q~~10 -Page 105 of 198 f j ~~ ~~~~~~f_ ~, n ~. ` -w~ T-~ 4 Dove Mountain Resort II .° Cellular Conditional Use ~~ ~ t F 1 , 4 i ~, J r ~ ~. ' ~~ :.. `. ~.... ~ Permit ``~ ~ `~ k ~`~ CASE CUP-10009 RpG p 01 ~1rTR1 ~j OOE:PL ___ __ _. C ~ W.gO~LDER BRIDG O -- -- - E-?S- C9~- ~~ ~, , 2' 1 ~~ . t __' O~ ~ O ,- OG~. ~~~ P,~ e" t J~ i , II Qy ; Z l i v ~ f ,~- ~ / ~ ~~ , , ~ , J, ~~ ~ ~ 1 i` ~" ~,. , - ; f ~ GE P~ -y W BOUlOER~R~D ~~~ Subject Property ~`~~ i ` ~`~, ` .~ 1 ti ~~,\ ~ sG2S ~T `, `~QO~FM ~ q~FRYDR O ~~ j/~ Tq, Q ~ws,~ i N ~ ENT WASH P~ - \ ~ ~. ~~ `~ I ~~ ~ _ \ ;w - _~ RegUeSt o soo ~ooo n. " A request for a Conditional Use Permit to allow for the development of a wireless communication facility. Data Disclaimer: The Town of Marano 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 Marano become liable to users of these data, or~ a~n~ other party, for any loss or direct, indirect, special,incidental or consequential damages, including but not limited to time, money or goodwill, arising from the u r f ' a ` se ular'~ouncR t~ ~n ' -Jul 20 2010 - Pa a 10 ee 6 of 198 4f ~~~~~ ~`=~~ r ~ Dove Mountain Resort II LL ~ Cellular Conditional Use .- ~. ~~ ` _ ~s ~ T ~_ f Permit ~ , , .. , _ ~ : ; ~ , , °'~ ~~'`~ ~ ~` CASE CUP-10009 r ~ iT .~,T~ i; s5+ ~~i ~~~ "7'~'.kL~ 'a^'y~~ ~ ; 1~ rSyCf'~ _Y.At~~ S:~ sr: s. ~. ~.~~ } ~~ A .~. 3~ I ~ k r~ ~ Y ~ , . ~ !*~i . ,,.4 1 ,f:+F,,,,r~d yip :.. 1£'•'r .. yv~ I S Fti ~i, r 1:-+H •;~ ~ ~ y 1. ~ 'v '~+ A~'~+ ' 1f ', ' '~ ~~ r 7N~, ~ / :`~~ ~ .+^7 ~F .~-~ ~ i r y, ~ . ~'9' Y :. M+ t t+ > . L . , 4 ~ r ~ ..e _` - ., . ~, ~ s .. R .. ~° 'ter-s!` . LJ ~ ~ ~ ~ . ` _ !~ r;'. ~-y:. ^t~'R 4' .e i Mcf ~ ~ ' ms " ». 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In no event shall The Town of Marana become liable to users of these arising from the money or go~will including but not limited to time or n her party incidental or consequential damages data a o t fo r any loss or direct indirect special , , , , , , , , ~ ,, ,~;i c a d use°r ular c;ouncRif~'eetlna' -Jul 20 2010 - Pa a 107 of 198 Z ~~ ~ =-~ ~ k~ a ~ e ~ ~~~ s~ ~ ~_ ~~ ~o ~~ ~~ ~~ 33 O O O ~~ ~m ~c~ ~ ~ ~~~ ~~~ ~ ~ ~ ~ ~ ~ a & ~~~~~~8~~~~ ~ e e ~ ~ ~ ~ ~ ~ ~ ~ a ~ ~ ~ ~ ~~ I I g l o l i i i ~ o I I I 1 ti~ I I ~ l l I l i i ~'" J ~~ P jog . ~ ~~ a . ~ 8 . , ~, ; ~ _ ~: , i ~_. „ m~ n~ _-, _i - ~ - ~ ~ - ;, _ ~ t ~ ~ „ _ F -- z __ I ,. \ ~~~ ~ _~ I ~ ~ - ,, ~ ~ _ ~~ s ~: -. ~ ~ ~ i., ~ is _ ~ ~ ~ ~ ~ "~ H '~ r ~ ,r „ ~ s .~~ s --,_ s 3/ _ ~ j~S&. i /~,~~ ~ i ~ l > s ' ;.~~ r ~~~~ ° F. o-d' a ~ ~ ~ ~i ~ ~ ~ '„ _ _ ,~_ S ~ ~g K: `x` ~ ~~/ ~ w~~' ~F: .g' -s c_ "~~_ s , ~_~ _ ~~ i ~ ~ ~~ ~~ ~ ~ ~ a~ ~ _ - „ R ~"_ ~ -, _ J ~ ;'). „ e e ,~;, Z ~ ~z ~& ~~s~~~ ~ < ~ iw ~ ~ M ~ ~ ~ ~ ~ ~ '~`t ~'j%/Lj '~ ~ E„ ~1 i~ n~~ " \ ~ ~ ~~~ ~ C~ ~~ ,.._... _~~~ ~n ffia _~® ~~' ;- __ .~ - ~ ~ T ,, a ,, _ ~ o ~ ~ ,, , __ ~~ ~~ ~~ , ~ ~ ~~ ~ _ . __ _ ,, , ~~_ ~ _ W 8 ~ ~~a ~~ , o _ ,, ,o ,, ~_ __ ~ ~ o ~ ~~ ~~ ,,__ ~ ,, ,, ~ ~ o - o ,-- mo _:~ _ ;~ . ~ a e -- - ~, o e ~ , - -a _ ,_ _ ~~ _ ~ - - - - -- ~ , , ~ m~ ~ - o o o e ~ ~ ~~ ~ ~ = , ~ __ __ ~ ~~ ~ ~ ,._ ,. \ = _ ' ~~~ .\ Js~ ~ ~ ~~ ~ ~ e ~ ~ ~ ~ w E ~ ~ ~ ~. J ®¢e ~ ~~\ ~ r m ~ LQL ~ ~ lam- o ,.,~ ___~ Q ~ ~l '~ . -~ ~- ~ ~~ ~ ~ O ~~~ ~'' ~ ~ =~ - ~ O __ ~> ~ ~ ° \, <N ~ e Oo0 5 a~ \ h O o ~a ~~~~ } \ ~ ~~ \ ` \ ~ O I J m fa- ~ U J ~~ ~ _ ~ 3 ~ ~~ y, ~~~ ~~ ~~ ~~~ \ \ \ c~ ~~ ~ ^~ ~ 0 ~~ X N ~ ~ ~~ ~ .~ p.YB ~~~ ~ ~~ ~~ ~~ ~~ ~~ ~~ ~ 0 0 t J 3 ~, ~~ ~ ~~ U 0 c~ ~~~ ~$~~ o~~~ 3~g~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, July 20, 2010, 7:00:00 PM To: Mayor and Council Item A 2 From: Jane Fairall ,Deputy Town Attorney Strategic Plan Focus Area: Community Building Subject: Resolution No. 2010-69: Relating to Recreation; approving and authorizing the Mayor to execute an intergovernmental agreement between the Arizona Game and Fish Commission and the Town of Marana defining and regulating hunting areas within the Town of Marana Discussion: Arizona law (A.R.S. section 13-3107) provides that it is a class 6 felony to discharge a firearm within or into the limits of any municipality with criminal negligence. One exception to this law is the discharge of a firearm within an area recommended as a hunting area by the Arizona Game and Fish Commission, approved and posted by the chief of police of the municipality. Over the past 12 months, officials from the Marana Police Department and the Arizona Game and Fish Commission have met to discuss issues related to the discharge of firearms in the Marana town limits for the purposes of hunting. The purpose of these meetings was to reach an agreement that would define hunting areas where the discharge of firearms by licensed hunters will be allowed where such activities are deemed safe and practical within the Town. The proposed intergovernmental agreement between the Town and the Arizona Game and Fish Commission provides that the areas of unoccupied and open space within the Town of Marana, labeled as "Open" on Exhibit A to the IGA, are recommended and approved as hunting areas by the Commission and the Town and will remain open to the discharge of firearms by properly licensed hunters pursuing wildlife during an open hunting season. The areas identified as "Closed" in Exhibit A are specifically designated as areas where hunting with firearms is prohibited. The IGA further provides that the Town and Game and Fish shall coordinate in placing signs and providing notice regarding the "Open" and "Closed" areas. The IGA also states that the Town and Game and Fish may amend the agreement to designate additional lands within the Town as hunting areas, including additional unoccupied and open lands which may be annexed by the Town, and to close areas or revise areas which have been deemed unsafe for firearms discharge or hunting by the Chief of Police or the Director of Game and Fish. The proposed agreement will remain in effect indefinitely, unless it is terminated by either parry with 30 days' written notice. Regular Council Meeting -July 20, 2010 -Page 110 of 198 ATTACHMENTS: tiame: Description: Type: ^ Reso re IGA with Game and Fish re, hunting areas Resolution Resoiution (00021_.8.1.5)D..O..C.. ^ IGA w-Game Fish re. hunting areas in town Exhibit A - 1GA wlGame and Fish Exhibit j00020825-3~.DQC ^ Exhibit A to IGA with G F re. huntmg..areas in_town Exhibit A to PGA -map Exhibit (000216.9...9.] P D F Staff Recommendation: Staff recommends approval of the IGA between the Town and the Arizona Game and Fish Commission. Suggested Motion: I move to adopt Resolution 2010-69, approving and authorizing the Mayor to execute an IGA between the Arizona Game and Fish Commission and the Town of Marana defining and regulating hunting areas within the Town of Marana. Regular Council Meeting -July 20, 2010 -Page 111 of 198 MARANA RESOLUTION N0.2010-69 RELATING TO RECREATION; APPROVING AND AUTHORIZING THE MAYOR TO EXE- CUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE ARIZONA GAME AND FISH COMMISSION AND. THE TOWN OF MARANA DEFINING AND REGULATING HUNTING AREAS WITHIN THE TOWN OF MARANA WHEREAS the Arizona Game and Fish Commission has authority to regulate hunting under A.R.S. § 17-231 (A)(3) and to execute agreements under A.R:S. § 17-231 (B)(7) and the Town of Marana has authority to approve and post recommended hunting areas under A.R.S. § 13-3107(C)(3); and WHEREAS the Town of Marana and the Arizona Game and Fish Commission desire to enter into an intergovernmental agreement for the purpose of defining and regulating hunting areas within the Town of Marana; and WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of the public to enter into this agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, AS FOLLOWS: SECTION 1. The Town Council hereby approves the intergovernmental agreement between the Arizona Game and Fish Commission and the Town of Marana, attached to and incorporated by this reference in this resolution as Exhibit A, and the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana. SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the intergovernmental agreement. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MA- RANA, ARIZONA, this 20t'' day of July, 2010. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -July 20, 2010 -Page 112 of 1g8 {00021815.DOC /} INTERGOVERNMENTAL AGREEMENT BETWEEN THE ARIZONA GAME AND FISH COMMISSION AND THE TOWN OF MARANA Pursuant to A.R.S. § 11-952, et seq., this Intergovernmental Agreement ("Agreement") is made this day of , 2010, between the State of Arizona, by and through the Arizona Game and Fish Commission ("Commission") and the Town of Marana ("Town") (collectively "Parties" and singularly "Party"). WHEREAS, the Town of Marana desires to allow the discharge of firearms to the general public to the extent and location where such activities are deemed safe and practical within the Town of Marana and the Arizona Game and Fish Commission desires to define hunting areas to allow the discharge of firearms by licensed hunters to the extent and location where such activities are deemed safe and practical within the Town of Marana; WHEREAS, the Commission has authority to regulate hunting under A.R.S. § 17-231 (A)(3) and to execute agreements under A.R.S. § 17-231 (B)(7), and the Town has authority under A.R.S. § 13-3107 (C)(3) to approve and post recommended hunting areas, and both Parties have authority under A,R.S. § 11-952 to enter into intergovernmental agreements; WHEREAS, the Arizona Game and Fish Department ("Department") acts under the authority of the Commission; WHEREAS, this Agreement does not relieve either Party of any obligation or responsibility imposed upon it by law; NOW, THEREFORE, in consideration of mutual promises, it is agreed by the Parties that: Subject to the requirements and provisions under State law and the Town of Marana Code, the areas of unoccupied and open space within the Town of Marana, labeled as "Open" on Exhibit A, attached to this Agreement and incorporated herein by reference, are recommended as hunting areas by the Commission and are approved as such by the Town and shall remain open to the discharge of firearms by properly licensed hunters pursuing wildlife during an open hunting season. All those areas identified as "Closed" in Exhibit A are specifically designated as areas where hunting with firearms is prohibited. The Town and the Department shall coordinate the placement of signs and the provision of notice regarding the areas identified under this Agreement. 2. Upon mutual agreement, the Town and Department may amend this Agreement to: (a} designate additional lands within the Town as hunting areas, .including without limitation Re,$~~~~~~~~dA~ting -July 20, 2010 -Page 113 of 198 additional unoccupied and open lands which may be annexed by the Town and (b) close areas or revise areas which have been deemed unsafe for firearms discharge or hunting by the Chief of Police or the Director of the Department. All or part of a designated area may be immediately closed to the discharge of firearms by the Chief of Police if, in the. Chief of Police's determination, such closure is necessary to protect the public health and safety. All or part of designated areas may be temporarily closed by the Chief of Police, due to a special event being held in the Town of Marana, or around designated areas. 4. Nothing herein shall be construed to allow the discharge of firearms within a '/4 mile radius of an occupied structure as prohibited under A.R.S. § 17-309(A)(4). 5. Nothing herein shall be construed to allow the discharge of firearms upon, from, across or into a road or railway as prohibited under A.R.S. § 17-301(B). 6. Termination Generally: Either Party may terminate this Agreement upon thirty (30) days' written notice to the other Party. 7. Notices. All written notices concerning this Agreement shall. be delivered in person or sent by certified mail, return receipt requested, to the Parties as follows: A. For the Commission or the Department: Larry D. Voyles, Director 5000 W Carefree Highway Phoenix, Arizona 85086 B. For the Town of Marana Chief of Police 11555 W. Civic Center Dr. Marana, AZ 85653 8. Non-discrimination. In carrying out the terms of this Agreement, the Parties agree to comply with Executive Order 99-4 prohibiting discrimination in employment, the provisions of which are incorporated herein by reference. 9. Audit. Pursuant to A.R.S. § 35-214, all books, accounts, reports, files, electronic data, and other records relating to this Agreement shall be subject at all reasonable times to inspection and audit by the State of Arizona for five (5) years after completion of this Agreement. 10. Effective Date and Duration. This Agreement shall not become effective until signed by all Parties hereto. This Agreement shall remain in effect unless terminated by either Party pursuant to paragraph 6 above. 11. Arbitration. To the extent required pursuant to A.R.S. § 12-1518, the Parties agree to use arbitration to resolve any dispute arising under this Agreement, with each Party to bear its own attorneys' fees and costs. Regular Council Meeting -July 20, 2010 -Page 114 of 198 {00020825.DOC / 3 }2 12. Termination for Conflict of Interest. This Agreement is subject to termination pursuant to A.R.S. § 38-511. 13. Other Agreements. This Agreement in no way restricts either Party from participating in similar activities with other. public or private agencies, organizations, or individuals. 14. Compliance with Applicable Law. All work performed pursuant to this Agreement shall be in compliance with all applicable state and federal laws and regulations. 15. Inte rag t~ This Agreement constitutes the entire agreement between the Parties pertaining to the subject matter herein and accurately sets forth the rights, duties, and obligations of each Parry. All prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. The provisions of this Agreement may be abrogated, modified, rescinded, or amended in whole or in part only by mutual written consent executed by the Parties. 16. Severability. In the event that any provision of this Agreement or portion thereof is held invalid, illegal, or unenforceable, such provision or portion thereof shall be severed from this Agreement and shall have no effect on the remaining provisions of this Agreement, which shall remain in full force and effect. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date below: TOWN OF MARANA ARIZONA GAME AND FISH COMMISSION Ed Honea Mayor [Date] Larry D. Voyles Secretary to the Commission Director, Arizona Game and Fish Department [Date] Regular Council Meeting -July 20, 2010 -Page 115 of 198 {00020825.DOC / 3;3 CERTIFICATION BY LEGAL COUNSEL The foregoing Intergovernmental Agreement between the Town of Marana and the Arizona Game and Fish Commission is in proper form and is within the powers and authority of each Party hereto granted under the laws of the State of Arizona to such Party. Attorney for Date Arizona Game and Fish Commission Attorney for Date Town of Marana Regular Council Meeting -July 20, 2010 -Page 116 of 198 {00020825.DOC / 3}4 r7, C y c~ ~ s~ij{lps E }7Q ' ~ ~ ~ ~ ~ O C i EE~Eipl ip3 ,S, '~~" W ,~ a ~ a m ~ ' 3 ~;YF=t,}}e~gg~gi~ ~' _ E+ ~,i'~l 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, July 20, 2010, 7:00:00 PM To: Mayor and Council Item A 3 From: Josh Wright ,Assistant to the Town Manager Strategic Plan Focus Area: Commerce Strategic Plan Focus Area -Additional Information: The "Commerce" focus area of the Marana Strategic Plan identifies the following as an action strategy: "create & market new economic development incentives specifically for Marana." Subject: Resolution No. 2010-70: Relating to Economic Development; adopting the Expedited Development Review Incentive Program and authorizing the Town Manager to administer it Discussion: The Expedited Development Review Incentive Program (EDRIP) is an economic development incentive program aimed at the attraction and expansion of sustainable, head-of-household-wage commerce and jobs. Building on the precedent established through the Marana Job Creation Incentive Program (MJCIP), adopted by Council on May 4, 2010, the EDRIP allows the Town's development services staff flexibility in processing plans, permits and inspections for Marana's current and future major employers. Participation in the EDRIP, similar to the MJCIP, is limited to companies who employ or will employ upon completion of a development project, at least 25 staff earning a minimum of $40,000 annually. Companies meeting this qualification will be eligible for an expedited development review process, including prioritization of plan review and processing, "roundtable style" plan review and permit issuance, and assignation of a dedicated building inspector during the construction phase. Specific incentives used will be determined based on the unique nature of each development project. The EDRIP meets stated goals contained in both the Marana Strategic Plan and the Marana Economic Roadmap, including creating local incentive programs, streamlining development services processes, and providing opportunities to attract businesses that support regional industries. Financial. Impact: There is no financial impact associated with this incentive program. ATTACHMENTS: Regular Council Meeting -July 20, 2010 -Page 118 of 198 Name: Description: Type: ^ RESO exped..ted dent review incentive program Resolutian Resolution (.00021_.5...13) FINAL.DOC Staff Recommendation: Staff recommends adoption of the resolution. Commission Recommendation - if applicable: The Town's Business & Economic Development Advisory Commission (BEDAC) is scheduled to review this incentive program at its July 20, 2010, regular meeting. Staff will provide Council with the BEDAC's recommendations during presentation of this item. Suggested Motion: I move to adopt Resolution 2010-70, adopting the Expedited Development Review Incentive Program and authorizing the Town Manager to administer it. Regular Council Meeting -July 20, 2010 -Page 119 of 198 MARANA RESOLUTION N0.2010-70 RELATING TO ECONOMIC DEVELOPMENT; ADOPTING THE EXPEDITED DEVELOPMENT REVIEW INCENTIVE PROGRAM AND AUTHORIZING THE TOWN MANAGER TO ADMINISTER IT WHEREAS the Mayor and Council adopted the Marana Economic Roadmap on March 2, 2010, to establish Marana's vision and action strategies to attract job growth and private investment in the town limits; and WHEREAS the Roadmap contains five focus areas, two of which are directly advanced by this resolution-Focus Area 1 (Business Attraction, Retention and Expansion) and Focus Area 2 (ResourceBusiness Support); and WHEREAS the Roadmap directs town staff to create various economic development initiatives and strategies, several of which are directly advanced by this resolution-initiative 1.5 (maximize economic opportunities to attract business suppliers to support regional industries), initiative 2.1 (maintain policies, resources and tools that promote economic development) and action strategy 2.1.2 (maintain a streamlined development review and approval process, including opportunities for fast tracking plans and permits); and WHEREAS the Mayor and Council find that the Expedited Development Review Incentive Program authorized by this resolution will make Marana more competitive in the attraction, retention and expansion ofjob-creating businesses and industries. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Expedited. Development Review Incentive Program is hereby created, under which the Town Manager is authorized to implement the economic incentives set forth in this resolution. SECTION 2. For purposes of this resolution, a "Targeted Employer" is anon-retail business or industry that meets either. of the following qualifications: A. Employs at least 25 individuals in Marana with annual wages that equal or exceed $40,000 each. B. Will create, immediately upon completion of its development project, at least 25 new jobs in Marana with annual wages that equal or exceed $40,000 each. Regulq~~i~yoJ~~1~0~~010 -Page 120 of 198 _ 1 _ SECTION 3. The economic incentives authorized by this Expedited Development Review Incentive Program include the following: A. Project Prioritization: Town of Marana development review staff may review a Targeted Employer's development plans in advance of other projects' development plans which may have been submitted before those of the Targeted Employer. B. Roundtable Development Review: Town of Marana development review staff may review a Targeted Employer's development plans in the presence of the Targeted Employer and/or its agents and contractors and allow the Targeted Employer and/or its agents and contractors to make simultaneous corrections to the development plans in order to receive immediate approval to begin construction. C. Dedicated Building Inspector: The Town of Marana may assign a building inspector exclusively to a Targeted Employer's development project site to provide immediate building inspection and approval in order to expedite the construction process. SECTION 4. The Town Manager is authorized to administer and interpret the Expedited Development Review Incentive Program, and the various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this resolution. SECTION 5. This resolution is effective on August 20, 2010 and shall apply to any Targeted Employer for which the town conducts a development plan review on or before June 30, 2013. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL, OF THE TOWN OF MARANA, ARIZONA, this 20~' day of July, 2010. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regulq~~~oJ~~1~0~~010 -Page 121 of 198 _ 2 _ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, July 20, 2010, 7:00:00 PM To: Mayor and Council Item A 4 From: Kevin Kish ,Development Services General Manager Strategic Plan Focus Area: Community Building Subject: PUBLIC HEARING: Ordinance No. 2010.11: Relating to Development; approving a rezoning creating the Marana Regional Landfill Specific Plan Discussion: Rezoning Request The Planning Center, representing DKL Holdings, Inc., is requesting approval for a change in zoning on approximately 590 acres of property located one mile north of Avra Valley Road, one mile east of Trico Road, and 1/z mile south of Silverbell Road within a portion of Section 1, Township 12 South, and Range 10 East for the purpose of establishing the Marana Regional Landfill Specific Plan. The current zoning of the site is 'RD-180' (Rural Development - minimum lot size of 180,000 square feet). The proposed Specific Plan zoning is intended to accommodate a municipal solid waste landfill, material recovery, recycling operations, and other related uses. Marana General Plan The Town of Marana General Plan designates the future land use of the subject property as Rural-Density Residential (RDR) with a density range of 0.1-0.5 residences per acre. This designation is characterized by single-family detached homes on very large properties, as well as by neighborhood commercial development. The applicant's request includes a minor amendment to the General Plan from the Rural Density Residential designation to Master Planning Area (MPA), which applies to areas in which future development is subject to approved specific plans. Land Use The property subject to the proposed rezoning is currently vacant and has been previously used in an agricultural capacity. The adjacent property to the north and west of the rezoning area is currently zoned Pima County RH (Rural Homestead), and currently undeveloped. The adjacent property to the south has a portion zoned Marana'RD-180' (Rural Development -minimum lot size of l 80,000 square feet) and a portion zoned Pima County RH (Rural Homestead) and currently used for agricultural purposes. The property to the east, zoned Marana `C' (Large Lot Zone) has been predominantly used for agricultural purposes. The rezoning area is affected by the East Branch of the Brawley wash, and the associated FEMA floodplain covers the majority of the site. Additionally, there are other minor flows that impact Regular Council Meeting -July 20, 2010 -Page 122 of 198 the site from the south. These flows are directed around the property by an existing diversion channel where they join the East Branch floodplain at the north property line. It is likely that Section 404 permitting will be required for portions of the site. The final design of the site during the review of the Development Plan will determine the extent to which 404 permitting will be required. The Marana Regional Landfill Specific Plan proposes two land use designations: Industrial (I) and Open Space (OS). The Industrial designation will accommodate the more intensive uses including solid waste disposal, recycling and composting operations, maintenance and administrative functions, renewable energy generation, and similar uses. The Open Space designation will accommodate the less intensive uses such as stormwater basins, drainage channels, and landscaping and screening. The disposal area of the proposed facility consists of approximately 430 acres. The disposal area will be encompassed by 103 acres of buffer area to mitigate visual and other potential impacts to surrounding properties created by the operational activities of the facility. Substantial landscape bufferyards at an approximate width of 200 feet are proposed along the north, west, and south boundaries of the site and roughly 470 feet in width along the east boundary of the site. The bufferyards along the south and west boundaries will include 3:1 sloped landscaped earthen berms 15 feet in height to be constructed with the initial excavation of the first phase of the landfill. Due to existing drainage conditions, a combination of flood control berming and revegetation is proposed along the north and east boundaries. The solid waste facility will be developed in a series of phases. The operational sequence of the disposal area will begin in the southwest corner of the site and proceed east and then north in a serpentine pattern. The disposal area will consist of individual units typically five to ten acres in size each designed to have a life span up to two years. Each unit will be certified by a registered professional engineer and approved by the Arizona Department of Environmental Quality prior to opening for disposal operations. The solid waste facility will be developed in accordance with all local, state, and federal requirements for solid waste disposal, groundwater protection, site drainage, vector control, and site reclamation and revegetation. The state-of-the-art facility design will include an ADEQ approved liner system, leachate management system, groundwater monitoring system, and landfill gas monitoring system. Only non-hazardous waste will be accepted for landfilling at the proposed facility. In accordance with federal regulations, the disposal of liquid wastes, sludges, and any hazardous waste as defined and governed by the Resource Conservation and Recovery Act of 1976 (RCRA) and as amended by the Superfund Amendments and Reauthorization Act of 19$7, will be prohibited. Should the rezoning request be approved, the developer will be required to process a development plan, landscape plan, native plant permit, and all associated improvement plans through the Town. Additionally, the developer will be required to process all required State and Federal permitting associated with all proposed uses for the site. Access and Circulation Access to the site will be provided via an improved 80-foot wide private access easement that runs north south from Avra Valley Road to the southeast corner of the site. The design of the roadway will be completed during the development review process. Turn lanes are anticipated onto and off of Avra Valley Road in order to reduce the potential for traffic conflicts. Although the rezoning site analysis has preliminarily addressed the access and circulation issues associated with this project, both off-site and on-site circulation will be reviewed more thoroughly during the development review process. During the development plan process the applicant's traffic consultant will submit additional Traffic Impact Study to be reviewed by the Town and must be accepted prior to approval of a development plan. Infrastructure On-site wells will provide for construction water, dust control, fire suppression and other non- potableuses. Potable water will be provided by either on-site wells and/or bottled water. The anticipated wastewater needs for the proposed facility will be accommodated by an on-site Regular Council Meeting -July 20, 2010 -Page 123 of 198 treatment system (septic) to provide service to the administration and maintenance buildings. The wastewater system will be planned so that the facility may be connected to the public sewer system at such time that it becomes available to the site. TRICO Electric Cooperative has stated that it has facilities in the area to provide service to this site. The developer will be required to complete the process of having the property annexed into a fire district or otherwise provide for fire protection service. Cultural Resources One archaeological resource area has been identified near the northeast corner of the site. The area is proposed to be set aside as open space and not disturbed. Additional cultural resource reviews will be required during the development review process, and clearance will be required prior to the issuance of a grading permit. Citizen Participation The applicant's team conducted two neighborhood meetings to inform the neighboring property owners and other interested parties of the rezoning proposal and to address questions and concerns. The first meeting was held on February 9, 2010 at the Sky Rider Cafe at the Marana Regional Airport. The second meeting was held on March 18, 2010 at the Town of Marano Conference Center. The applicant notified property owners at a minimum distance of one (1) mile, and up to 6.5 miles from the proposed project site. Those in attendance expressed the following concerns: 1.) general health and environmental issues; 2.) potential infiltration of leachates into the groundwater and contamination of local wells; 3.) capacity of existing road infrastructure in the area to accommodate the increased traffic; 4.) impact to the Avra Valley Road interchange; 5.) odor, birds, airborne particulate matter, and blowing debris onto nearby properties; 6.) management of off-site drainage; 7.) potential impact to the wildlife in the area; 8.) ultimate height of landfill negatively impacting viewsheds of nearby property owners; 9.) potential impact to property values; 10.) potential impact to airport operations. A public open house was held July 8, 2010 from 10:00 am to 6:00 pm in the Town of Marano Conference Center. The applicant's team of consultants addressed community concerns. and discussed the various components of the proposed development. Public Notification The public hearing for this request was properly advertised and all property owners within 300 feet of the subject property were notified by mail of the proposed use and date of the public hearing. Additionally, notice was posted at the Marano Municipal Complex, Marano Operations Center, and the Continental Ranch and Heritage Highlands recreation centers. Waiver of Potential Arizona Property Rights Protection Act Compensation Claims To protect the Town against potential claims filed under the Arizona Property Rights Protection Act as a result of changes in the land use laws that apply to the rezoning area by the Town's adoption of this ordinance, staff requires that the applicant waive any rights to compensation for diminution in value by execution and recordation of the attached waiver instrument. The Consent to Conditions as a result of changes in the land use laws that apply to the rezoning area resulting from the approval of this zoning. If the applicant does not forward the waiver in time to record it within 90 days after the ordinance is passed, the ordinance becomes null and void, as if no action were ever taken to pass the ordinance. ATTACHMENTS: Name: Deseriptux~: Type.: ^ Ordinance 201.0_XX MRL.DOC Ordinance Marana Regional Landfill Specific Plan. Ordinance ^ PCZ-09057 Marana Regional Landfill - 207 PCZ-09037 Marana Regional Landfill SF - 207 Waiver Exhibit Waiver.DOC Regular Council Meeting -July 20, 2010 -Page 124 of 198 ^ Exhbit_A.pdf .Exhibit A, Legal description Exhibit ^ PGZ-09057 Marana Regional Landfill SP - PGZ-09057 Marana Regional Landfill -Application Backup Material Application.pdf ^ PGZ-09057 Location Map.pdf Location Map Backup MateriaE ^ File Vewing.doc Rle Viewing Backup Material ^ 022410_pzmn,pdf Planning Gommissian Minutes 2-24-2010 Backup Material Staff Recommendation: Staff is recommending that the council continue the Marana Regional Landfill Specific Plan to allow staff and the applicant time to finalize the development agreement. If the council desires to approve this rezoning staff recommends the following conditions: 1. Compliance with all provisions of Town Codes, Ordinances, and policies of the General Plan current at the time of development including, but not limited to, requirements for public improvements. 2. The Municipal Solid Waste Landfill shall be developed in accordance with all local, state, and federal regulations and requirements for solid waste disposal, groundwater protection, site drainage, vector control, and site reclamation and revegetation. 3. The Municipal Solid Waste Landfill shall be used only for the final disposal of Non- Hazardous Solid Waste in accordance with Federal and Arizona state law and the terms of any governmental authorizations applicable to the project or the property. 4. All Arizona Department of Environmental Quality (ADEQ) requirements must be achieved and appropriate permits obtained including, but not limited to: approval of a Solid Waste Facility Plan; Aquifer Protection Permit; 404 Permit; Financial Assurance Demonstration; and, Arizona Pollutant Discharge System (AZPDES) Multi-Sector General Permit with a Storm Water Pollution Prevention Plan for construction activities and landfill operations. 5. All Arizona Department of Water Resources (ADWR) requirements must be achieved and appropriate permits obtained including, but not limited to: groundwater industrial use permit and drilling permits for monitoring wells. 6. All Pima County Department of Environmental Quality (PDEQ) requirements must be achieved and appropriate permits obtained including, but not limited to: Title V Air Permit; general aquifer protection permit for septic tanks; and, right-of-way permit for work within Avra Valley Road. 7. The developer shall provide financial assurances pursuant to the requirements of the Arizona Department of Environmental Quality (ADEQ) that include mechanisms for corrective action, facility closure, and post-closure care. 8. The developer will be required to process a development plan, landscape plan, Native Plant Permit, and all associated improvement plans through the Town of Marana. 9. The developer shall secure all permits required by the Town of Marana including, but not limited to: floodplain use permit; grading permit; building permits for on-site structures; and, right-of-way permits for work within Avra Valley Road. lO.The Municipal Solid Waste Landfill shall be designed to withstand the 500-year flood event. Regular Council Meeting -July 20, 2010 -Page 125 of 198 11.A Traffic Impact Study must be accepted by the Town of Marana Traffic Engineering Division prior to approval of the development plan. The developer shall be responsible for the design and construction of any transportation improvements determined to be necessary by staff based upon the findings of the Study. 12.Prior to the Town's approval of the development plan, the developer shall submit to the Town a structural analysis report for the bridge on Avra Valley Road over the east branch of the Brawley Wash. The developer shall be responsible for the design and construction of any improvements to the bridge determined to be necessary by staff based upon the findings of the report.. l 3.Prior to the Town's approval of the development plan, the developer shall submit to the Town a geotechnical analysis report for the pavement conditions on Avra Valley Road between I-10 and Trico Road. The developer shall be responsible for any pavement improvements determined to be necessary by staff on said segment of Avra Valley Road based upon the findings of the report. 14.There shall be no access provided to the rezoning area from West Silverbell Road. 15.The Rezoning Area shall not be served by or connected to a rail spur. 16.No waste shall be accepted at the Landfill which has, by the knowledge of the landfill owner, been transported by rail. 17.Cultural resource clearance is required prior to the issuance of a grading permit. 18.A burrowing owl survey shall be completed by a qualified biologist no more than 30 days prior to any ground disturbing activities. 19.If it is determined that such rights exist on the Rezoning Area and are owned by the Developer at the time of the development plan, the Developer or property owner shall transfer with the development plan, by the appropriate Arizona Department of Water Resources form, those rights being IGR, Type I or Type II to the Town of Marana for the Town providing designation of assured water supply and water service to the Property. If Type I or Type II is needed on the Property, the town and Developer/landowner shall arrive at an agreeable solution to the use of those water rights appurtenant to the Rezoning Area. 20.Before a certificate of occupancy is issued for any structures on the property, the developer shall have completed or shall provide evidence to the Town's satisfaction that the developer has made a diligent effort to complete the process of having the property annexed into a fire district or otherwise provide for fire protection. 21. All structures proposed to be constructed within the Rezoning Area shall require evaluation by the appropriate fire district for the inclusion of an automatic fire sprinkler system at the time of building permit application. 22.The ultimate elevation of the landfill after closure and capping shall not exceed 2,175 (195 feet above surface grade). 23.Within sixty (60) days of receiving final entitlements by ADEQ, the landfill owner shall offer each of the owners of property containing each of the five (5) domestic water wells registered within two (2) miles down gradient from the landfill property two (2) quarterly water samples over a six (6) month period in order to obtain a statistically valid background determination of the quality of water in each well. The landfill owner will provide sampling results to the property owners or occupants. The wells will be sampled under parameters deemed as standard for drinking water by ADEQ. Regular Council Meeting -July 20, 2010 -Page 126 of 198 24.The developer /landfill owner shall keep the property in a neat, clean, and sanitary condition, and work with the adjacent property owners to manage litter resulting from landfill operations during the operation life of the landfill. The developer /landfill owner shall submit a litter control plan to the Town of Marana for review and acceptance prior to the opening date of the landfill 25.The developer /landfill owner shall immediately begin coordination with the Federal Aviation Administration (FAA) to ensure that no conditions may result in a status of non-compliance with respect to applicable grant assurances at the Marana Regional Airport. Federal Form 7460 shall be filed with the FAA to initiate the coordination process. Evidence of the initiation of this process must be submitted to the Town of Marana with the first submittal of a development plan. 26.A mitigation plan shall be prepared that demonstrates that the proposed landfill will not be a wildlife attractant hazard to the Marana Regional Airport pursuant to the Code of Federal Regulations (40 CFR 258). 27.No approval, permit or authorization by the Town of Marana authorizes violation of any federal or state law or regulation or relieves the applicant or the land owner from responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. Appropriate experts should be retained and appropriate federal and state agencies should be consulted to determine any action necessary to assure compliance with applicable laws and regulations. 28.No lot split of any kind is allowed within the Rezoning Area without the written consent of the Town of Marana. Commission Recommendation - if applicable: The Planning Commission held a public hearing on February 24, 2010, and voted to recommend, by a vote of 3-2 (Commissioners Jeffrey Adragna and Michael Wiles dissenting and Vice Chair Marcia Jakab and Commissioner Tina Le Page-Wood excused), that the Mayor and Town Council approve the application for rezoning from RD-180 (Rural Development -minimum lot size of 180,000 square feet) to `F' Specific Plan, adopting the Marana Regional Landfill Specific Plan, with the recommended conditions. Suggested Motion: OPTION l : I move to continue Ordinance 2010.11, until the September 7, 2010 council meeting. OPTION 2: I move to adopt Ordinance 2010.11, subject to the staff recommended conditions and the following additional conditions: (add as, or if desired) OPTION 3: I move the denial of Ordinance 2010.11. Regular Council Meeting -July 20, 2010 -Page 127 of 198 MARANA ORDINANCE N0.2010.11 RELATING TO DEVELOPMENT; APPROVING A REZONING CREATING THE MARANA REGIONAL LANDFILL SPECIFIC PLAN WHEREAS H. KAY FAMILY NG1, L.L.C., an Arizona limited liability company (the "Owner"), owns approximately 591.21 acres of property located one mile north of Avra Valley Road, one mile east of Trico Road, and 'h mile south of Silverbell Road within a portion of Section 1, Township 12 South, Range 10 East, as described on Exhibit "A", attached to and incorporated in this Ordinance by this reference (the "Rezoning Area"); and, WHEREAS the Marana Planning Commission held a public hearing on February 24, 2010, and at said meeting voted 3-2 (Commissioners Jeffrey Adragna and Michael Wiles dissenting and Vice Chair Marcia Jakab and Commissioner Tina LePage -Wood excused), to recommend that the Town Council approve this rezoning; and, WHEREAS the Marana Mayor and Town Council held a public hearing on July 20, 2010 and determined that the application for rezoning should be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: SECTION 1. A minor amendment to the General Plan of approximately 591.21 acres of the Rezoning Area located one mile north of Avra Valley Road, one mile east of Trico Road, and'/2 mile south of Silverbell Road within a portion of Section 1, Township 12 South, Range 10 East, changing the General Plan designation from Rural Density Residential (RDR) to Master Planning Area (MPA). SECTION 2. The zoning of Rezoning Area is hereby changed from `RD-180' (Rural Development -minimum lot size of 180,000 square feet) to `F' Specific Plan creating the Marana Regional Landfill Specific Plan. SECTION 3. This rezoning is subject to the following conditions, the violation of which shall be treated in the same manner as a violation of the Town of Marana Land Development Code (but which shall not cause a reversion of this rezoning Ordinance): 1. Compliance with all provisions of Town Codes, Ordinances, and policies of the General Plan current at the time of development including, but not limited to, requirements for public improvements. 2. The Municipal Solid Waste Landfill shall be developed in accordance with all local, state, and federal regulations and requirements for solid waste disposal, groundwater protection, site drainage, vector control, and site reclamation and revegetation. Marana Ordinance 2010.11 - 1 - Regular Council Meeting -July 20, 2010 -Page 128 of 198 3. The Municipal Solid Waste Landfill shall be used only for the final disposal ofNon-Hazardous Solid Waste in accordance with Federal and Arizona state law and the terms of any governmental authorizations applicable to the project or the property. 4. All Arizona Department of Environmental Quality (ADEQ) requirements must be achieved and appropriate permits obtained including, but not limited to: approval of a Solid Waste Facility Plan; Aquifer Protection Permit; 404 Permit; Financial Assurance Demonstration; and, Arizona Pollutant Discharge System (AZPDES) Multi-Sector General Permit with a Storm Water Pollution Prevention Plan for construction activities and landfill operations. 5. All Arizona Department of Water Resources (ADWR) requirements must be achieved and appropriate permits obtained including, but not limited to: groundwater industrial use permit and drilling permits for monitoring wells. 6. All Pima County Department of Environmental Quality (PDEQ) requirements must be achieved and appropriate permits obtained including, but not limited to: Title V Air Permit; general aquifer protection permit for septic tanks; and, right-of--way permit for work within Avra Valley Road. 7. The developer shall provide financial assurances pursuant to the requirements of the Arizona Department of Environmental Quality (ADEQ) that include mechanisms for corrective action, facility closure, and post-closure care. 8. The developer will be required to process a development plan, landscape plan, Native Plant Permit, and all associated improvement plans through the Town of Marana. 9. The developer shall secure all permits required by the Town of Marana including, but not limited to: floodplain use permit; grading permit; building permits for on-site structures; and, right-of- way permits for work within Avra Valley Road. 10. The Municipal Solid Waste Landfill shall be designed to withstand the 500-year flood event. 11. A Traffic Impact Study must be accepted by the Town of Marana Traffic Engineering Division prior to approval of the development plan. The developer shall be responsible for the design and construction of any transportation improvements determined to be necessary by staff based upon the findings of the Study. 12. Prior to the Town's approval of the development plan, the developer shall submit to the Town a structural analysis report for the bridge on Avra Valley Road over the east branch of the Brawley Wash. The developer shall be responsible for the design and construction of any improvements to the bridge determined to be necessary by staff based upon the findings of the report. 13. Prior to the Town's approval of the development plan, the developer shall submit to the Town a geotechnical analysis report for the pavement conditions on Avra Valley Road between I-10 and Trico Road. The developer, shall be responsible for any pavement improvements determined to be necessary by staff on said segment of Avra Valley Road based upon the findings of the report. 14. There shall be no access provided to the rezoning area from West Silverbell Road. 15. The Rezoning Area shall not be served by or connected to a-rail spur. 16. No waste shall be accepted at the Landfill which has, by the knowledge of the landfill owner, been transported by rail. 17. Cultural resource clearance is required prior to the issuance of a grading permit. 18. A burrowing owl survey shall be completed by a qualified biologist no more than 30 days prior to any ground disturbing activities. 19. If it is determined that such rights exist on the Rezoning Area and are owned by the Developer at the time of the development plan, the Developer or properly owner shall transfer with the development plan, by the appropriate Arizona Department of Water Resources form, those rights Marana Ordinance 2010.11 - 2 - Regular Council Meeting -July 20, 2010 -Page 129 of 198 being IGR, Type I or Type II to the Town of Marana for the Town providing designation of assured water supply and water service to the Property. If Type I or Type II is needed on the Property, the town and Developer/landowner shall arrive at an agreeable solution to the use of those water rights appurtenant to the Rezoning Area. 20. Before a certificate of occupancy is issued for any structures on the property, the developer shall have completed or shall provide evidence to the Town's satisfaction that the developer has made a diligent effort to complete the process of having the property annexed into a fire district or otherwise provide for fire protection. 21. All structures proposed to be constructed within the Rezoning Area shall require evaluation by the appropriate fire district for the inclusion of an automatic fire sprinkler system at the time of building permit application. 22. The ultimate elevation of the landfill after closure and capping shall not exceed 2,175 (195 feet above surface grade). 23. Within sixty (60) days of receiving final entitlements by ADEQ, the landfill. owner shall offer each of the owners of property containing each of the five (5) domestic water wells registered within two (2) miles down gradient from the landfill property two (2) quarterly water samples over a six (6) month period in order to obtain a statistically valid background determination of the quality of water in each well. The landfill owner will provide sampling results to the property owners or occupants. The wells will be sampled under parameters deemed as standard for drinking water by ADEQ. 24. The developer /landfill owner shall keep the property in a neat, clean, and sanitary condition, and work with the adjacent property owners to manage litter resulting from landfill operations during the operation life of the landfill. The developer /landfill owner shall submit a litter control plan to the Town of Marana for review and acceptance prior to the opening date of the landfill 25. The developer /landfill owner shall immediately begin coordination with the Federal Aviation Administration (FAA) to ensure that no conditions may result in astatus ofnon-compliance with respect to applicable grant assurances at the Marana Regional Airport. Federal Form 7460 shall be filed with the FAA to initiate the coordination process. Evidence of the initiation of this process must be submitted to the Town of Marana with the first submittal of a development plan. 26. A mitigation plan shall be prepared that demonstrates that the proposed landfill will not be a wildlife attractant hazard to the Marana Regional Airport pursuant to the Code of Federal Regulations (40 CFR 258). 27. No approval, permit or authorization by the Town of Marana authorizes violation of any federal or state law or regulation or relieves the applicant or the land owner from responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. Appropriate experts should be retained and appropriate federal and state agencies should be consulted to determine any action necessary to assure compliance with applicable laws and regulations. 28. No lot split of any kind is allowed within the Rezoning Area without the written consent of the Town of Marana. SECTION 4. This Ordinance shall not be effective until the Town files with the county recorder an instrument (in a form acceptable to the Town Attorney), executed by the Property Owners and any other parry having any title interest in the Rezoning Area, that waives any potential claims against the Town under the Arizona Property Rights Protection Act (A.R.S. § 12-1131 etseq., Mazana Ordfinance 2010.11 - 3 - Regular Council Meeting -July 20, 2010 -Page 130 of 198 and specifically A.R.S. § 12-1134) resulting from changes in the land use laws that apply to the Rezoning Area as a result of the Town's adoption of this Ordinance. If this waiver instrument is not recorded within 90 calendar days after the motion approving this Ordinance, this Ordinance shall be void and of no force. and effect. SECTION 5. All ordinances, resolutions and motions and parts of ordinances, resolutions, and motions of the Marana Town Council in conflict with the provisions of this Ordinance are hereby repealed, effective as of the effective date of this Ordinance. SECTION 6. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. PASSED AND ADOPTED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 20~' day of July, 2010, Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney M a Ordinance 2010.11 - 4 - Regular~ouncil Meeting -July 20, 2010 -Page 131 of 198 CONSENT TO CONDITIONS OF REZONING AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE N0.2010. H. KAI FAMILY NG1, L.L.C., an Arizona limited liability company (the "Owner"), owns the land referred to in this instrument as the "Property," which is particularly described in Exhibit "A" attached to Marana Ordinance No. 2010. (the "Rezoning Ordinance") and incorporated by this reference in this instrument. The Property is the subject of Town of Marana rezoning case PCZ-09057, filed on behalf of the Owner. The Owner hereby agrees and consents to all of the conditions imposed by the Rezoning Ordinance, including all stipulations adopted by the Marana Town Council in conjunction with the approval of said Ordinance and waives any right to compensation for diminution in value pursuant to Arizona Revised Statutes § 12-1134 that may now or in the future exist as a result of the approval of said Ordinance. The Owner also consents to the recording of this document in the office of the Pima County Recorder, to give notice of this instrument and its effects to successors in interest of the Property, who shall be bound by it. Dated this day of July, 2010. H. KAI FAMILY NGI, L.L.C., an Arizona limited liability company BY: Herbert Kai, Manager STATE OF ARIZONA ) SS. County of Pima ) The foregoing instrument was acknowledged before me on July , 2010, by Herbert Kai, Manager of H. KAI .FAMILY NG1, L.L.C., an Arizona limited liability company, on behalf of the L.L.C. My commission expires: Notary Public - 1 - 7i_i2oio_:_nr-tBDV~c Regular CounCll Meeting -July 20, 2010 - Pa~P~1,~a~e~~nal Landfill Specific Plan -Prop 207 Waiver Exhibit All that certain real property situate in the Couni of Pima, State of Arizona, described in Docket 13705 at Page 2054 thereof, records of said Pima County, as Section 1, except Government Lot 4 as shown on the General Land Office Plat of Township 12 South, Range 10 East, Gila and Salt River Meridian, officially filed May 26,1924; MORE PARTICULARLY DESCRIBED AS FOLLOWS: Beginning at the southeast corner of said Section 1, common with the southeast corner of said parcel described in Docket 13705, Page 2054 (hereinafter referred to as `record parcel'), marked by an aluminum capped rebar, RLS 29873; Thence from said POINT OF BEGINNING, westerly along the south line of said Section 1, common with the south line of said `record parcel', S 89° 24' 30" W, 5265.55 feet to a bent General Land Office pipe marked by an aluminum capped rebar, RLS 26932 at the southwest corner thereof; Thence leaving said southwest corner, northerly along the west line of the southwest quarter of said Section 1, common the west line of said `record parcel', N 00° 23' 54" W, 2640.71 feet to the northwest corner thereof (west quarter comer, Section 1), marked by a General Land Office brass capped pipe; Thence leaving said northwest corner, northerly along the west line of the southwest quarter of the northwest quarter of said Section 1, N 00° 31" 26" W, 1319.30 feet to the northwest corner thereof, common with the southwest comer of said Government. Lot 4, marked by an aluminum capped rebar, RLS 26932; Thence leaving said common corner, easterly along the south line of said Lot 4, common with the boundary of said `record parcel', N 89° 24' S2" E, 1317.91 feet to the southeast corner thereof, marked by an aluminum capped rebar, RLS 26932; Thence leaving said southeast corner, northerly along the east line of said Lot 4, common with the boundary of said `record parcel', N 00° 28' 52" W, 1227.78 feet to the northeast corner thereof, marked by an aluminum capped rebar, RLS 26932; Thence leaving said northeast corner, easterly along the north line of said Section 1, common with the north line of said 'record parcel', N 89° 33" 12" E, 3956.48 feet to the northeast comer thereof, marked by a General Land Office brass capped pipe; Thence leaving said northeast corner, southerly along the east line of said Section 1, common with the east line of said `record parcel', S 00° 21' 07" E, 5177.66 feet to the POINT OF BEGINNING of Exhibit A herein described; Containing 589.885 ACRES of land (more or less) Subject to and together with all matters of public record Basis of Bearing: The bearings shown on this description are based on Geodetic North using the data provided by the National Geodetic Survey for stations AF14, Center and NN86 on NAD 83 datum that produced a measured scale factor of .99994523. ~~ ~ ~.y c~ 2.59.37 ~ ~ ~~ Y~S ~ '~~ ~, ~ .~ f t ~~~~4 r r ,~. ~ ',.~ Expires: 3-31-2011 Page: 1 of 1 Date: July 9, 2010 Project: 4309 HE-3 ~ettlerner LLC LAND SURVEYING SERVICES P.O. Box 12612 -Tucson, AZ 85732 Phone (520) 512-0666 Fax (520) 512-1666 surveys@settlemeyer.tuccoxmail.com Regu4ar-Counei! ft~leefing =-July 29, 2(344..-Page-433 of 198...... r MARANA ~~ ~ ~ii~ PLANNING & ENGINEERING APPLICATION ~d ~~ ~~~ 1. TYPE OF APPLICATION (Check One) ^ Preliminary Plat ^ Development Plan ^ Specific Plan Amendment ^ Final Plat ^ SWPP ^ Conditional Use Permit ^ General Plan Amendment ^ Landscape Plan ® Rezone/Specific Plan ^ Significant Land Use Change ^ Minor Land Division ^ Water Plan ^ Improvement Plan (snecifYtype in Description of Project box*) ^ Other _ 2. GENERAL DATA RE UIREI) Assessor's Parcel 208-24-0010 General Plan Designation Rural Density Residential Number s) (To be confirmed b staff) RDR) Gross Area (Acre/Sq. Ft.) 590 acres Current Zoning RH (Pima County) (To be confirmed b staff) Development/Project Name Mazana Regional Landfill Proposed Zoning F (Specific Plan) Project Location South of Silverbell Road, north of Avra Valley Road and just east of Trico Road Townshi 12S, Ran a 10E, Section 1 Description of Project* Mazana Regional Landfill will include landfilling and ancillary land uses that will serve the area's current and future solid waste dis osal demands. Property Owner Consolidation Trust Street Address 2305 W. Ruthrauff Rd City State Zip Code Phone Number Fax Number E-Mail Address 'I~cson AZ 85705 Contact Person Phone Number / E-mail Herbert Kai & John Kai Applicant DKL Holdings, Inc. Street Address 8912 E. Pinnacle Peak Road, PMB #601 City State Zip Code Phone Number Fax Number E-Mail Address Scottsdale AZ 85255 602-390-6846 480-419-3543 pwslarry@msn.com Contact Person Phone Number I E-mail Larry Henk pwslarry@msn.com Agent/Representative The Planning Center Street Address 110 S. Church, Ste. 6320 City State Zip Code Phone Number Fax Number E-Mail Address Tucson AZ 85701 520-623-6146 520-622-1950 lmorales@azplanningcenter.com Contact Person Town of Marana Business Linda Morales License No. 102691 3. AL1'I'HORIZAT'IUN OF PR OPERTY OWNER I, the undersigned, certify that all of the facts set forth in this application are true to the best of my knowledge and that I am either the owner of the property or that I have been authorized in writirl¢ by the owner to file this application and checklist. (If not owner of record, attach written authorization from the owner.)1~ t .r ,, Print Name of A licant/A ent Si nature ate ^ Variance ^ Native Plant Permit ^ Native Plant Exception ^ Annexation 11555 W. Civic Center Drive, Bldg. A2^Marana, AZ 85653-7003^Telephone (520) 382-2600^Fax (520) 382-2641 Regular Council Meeting -July 20, 2010 -Page 134 of 198 jf,.,.;;,.;; , . .. ~_ `I ~ _s , ~ ~ r - ~ . ~ .~ ~ L ~-_~ ... . __ ._ ~~ ~- ,. , ' f* Marana Regional Landfill Specific Plan CASE PCZ-09057 W BE RRY ST o r.~i W DRIER R D' z ~'~, W MARANA RD w z~ ~ ~7 " ~ 0 ~R~~` z W BARNETT RD D o_ < ~ 0 w 0 zQ W MOORE RD z W ELTIRO RD S ~ ~ ~ R ~ QF <~ O Rp U tY f-- z Subject Property W AVRA VALLEY RD Q~ ~ d Q v JP z P~Q'F' W TWIN P EAKS RD Z ~ z D z D RegUeSt o ssoo 700o n. A request by The Planning Center, representing DKL Holdings, Inc., to rezone approximately 590 acres of land from `RD-180' (Rural Development -minimum lot size of 180,000 square feet) to `F' (Specific Plan). 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 d~2aou~ary~toun~~~ee°~inay 19'ii~v°~~ir~~iRdir~bs~el~'~I,~r~cjf~~tal or consequential damages, including but not limited to time, money or goodwill, arising from the File Viewing: The Specific Plan document and accompanying application materials for the Marana Regional Landfill (PCZ-09057) are on file and available for viewing in the Town Clerk's Office between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, at the Town of Marana Municipal Complex, 11555 W. Civic Center Drive, Marana, AZ 85653. Regular Council Meeting -July 20, 2010 -Page 136 of 198 MINUTES REGULAR MEETING OF THE MARANA PLANNING COMMISSION February 24, 2010 Maraua Municipal. Complex I. CALL TO ORDER Chairman Fogel called the February 24, 2010 Regular Meeting of the Planning Commission to order at 6:30 p.m. II./III. PLEDGE OF ALLEGIANCE AND INVOCATION/MOMENT OF SILENCE Chairman Fogel led the Pledge of Allegiance followed by a moment of silence. IV. ROLL CALL Commission: Norman Fogel Chairman Present Marcia Jakab Vice Chair Excused Jeffrey Adragna Commissioner Present Gary Pound Commissioner Present Billy Schisler Commissioner Present Michael Wiles Commissioner Present Tina Wood Commissioner Excused Staff: Kevin Kish General Manager Development Services Keith Brann Town Engineer Fernando Prol Traffic Engineer Division Manager Cedric Hay Assistant Town Attorney T VanHook Community Development Director Brian Varney Planner II Steve Cheslak Planner Steve Vasquez Planner I Also in attendance were members of the Affordable Housing Commission V. CALL TO THE PUBLIC No one came forward. VI. APPROVAL OF AGENDA Motion to Approve Moved by Commissioner Billy Schisler, Seconded by Commissioner Jeffrey Adragna -Motion passed unanimously. (Vice Chair Marcia Jakab and Commissioner Tina Le Page-Wood, excused) egular Council Meeting =:July 20, 2010 -Page 137 of 198 1 MINUTES REGULAR MEETING OF THE MARANA PLANNING COMMISSION February 24,2010 Marana Municipal Complex< VII. ANNOUNCEMENTS None VIII. GENERAL ORDER OF BUSINESS A. Consent Agenda 1. Approval of Minutes Minutes of the January 27, 2010 Regular Meeting of the Planning Commission Motion to Approve Moved by Commissioner Billy Schisler, Seconded by Commissioner Gary Pound -Motion Passed Unanimously (Vice Chair Marcia Jakab and Commissioner Tina Le Page-Wood, excused) B. Public Hearings 1. PCZ-09048 Honea Heights III Specific Plan - A request by the Community Development Department of the Town to rezone approximately 37.7 acres of land from "A" (Small Lot) to "F" (Specific Plan) in order to create the Honea Heights III Specific Plan, a residential master plan area with a portion of the lots dedicated to affordable housing units. Steve Cheslak came forward to address the Commission. The Town of Marana Community Development Department requests approval for a change of zoning on 37.7 acres to develop a planned residential. community with lots dedicated to affordable housing. The site is located east of Sanders Road and approximately 1/a mile south of Moore Road and north of the Santa Cruz River. The applicant proposes to change the zoning from "A" (Small Lot) to "F" (Specific Plan) to create the Honea Heights III Specific Plan. The land was previously owned by Pima County Flood Control District and was conveyed to the Town after an extension of the Santa Cruz River Bank Protection. The Concept Design shows the development of approximately 93 single-family homes with 50% open space in the project. The housing .types may include attached and detached models with rear loaded garages and front entrances with links to sidewalks and trails. The Community Development Department is planned to act as master developer and will work with building partners to ensure long-term affordability. egular Council Meeting -July 20, 2010 -Page 138 of 198 2 MINUTES REGULAR MEETING OF THE MARANA PLAN1vING COMMISSION February 24, 2010 Marana Municipal. Complex Adoption of this rezoning will also include a minor amendment to the General Plan. The project will change the area from the General Plan Land Use Designation MDR (Medium Density Residential) to MPA (Master Plan Area) Tonight's hearing was properly noticed. The Drachman Institute also facilitated community meetings and a survey to collect neighborhood input. To date we have received one email and it was in general support of the project. This project with the General Plan Amendment is in compliance of all provisions of the Town of Marana Land Development Code and General Plan. Therefore, Staff recommends approval of PCZ- 09048, Honea Heights III Specific Plan subject to the recommended conditions in the Staff Report. Commissioner Schiller stated I have several questions. Buffelgrass is reported in that area. Is that still there? T VanHook came forward to respond. The last time we had a survey of the property, an official survey by an environmental agency, there was buffelgrass habitat noted. Staff has since been on the property. We have not seen buffelgrass in the area, but another survey will take place before we continue with the platting. Commissioner Schisler stated I recommend we get rid of it if there is some there. The sewer system you plan on doing for that project is way down hill from the existing sewer lines in Honea Heights. Do you plan to pump that up? T VanHook answered at this time we don't have full engineering for the wastewater disposal. Again, complete engineering plans will be drawn up during the platting process. There are a couple of options under consideration right now, both into the new segments of the sewer in Honea Heights or possibly over to Sanders Road and we will have the engineers give us a determination on that. Commissioner Schisler stated also in your write-up you said there is no detention required, but on your little plan there are several places that you have marked for retention. Why? T VanHook answered what you see before you is a concept plan developed through Psomas and the Drachman Institute. We have since had a full drainage report done on the property and that is where the contradiction is. This is just a concept plan that was in existence prior to the engineer reports being completed. Commissioner Schisler stated you plan on the drainage going down to the culvert that is through the levy into the river. What happens when the river gets up to or above the culvert and it pushes back the other way, which is possible? I have seen that river really egular Council Meeting -July 20;..2010 -Page 139 of 198 3 MINUTES REGULAR MEETING OF THE MARANA PLANNING COMMISSION February 24, 2010 Marana Municipal Complex roar and get up there both in the 70's, 80's and the 90's. I am worried about all of these people down in that area that could get flooded out. These are viable questions. Keith Brann responded to the questions. In the event that we actually utilize a cross pipe through the levy into the river, it would be equipped with a flap gate for those instances where the river is above the level of the pipe. Commissioner Schisler asked and if the levy washes out? Keith Brann responded then we have bigger problems than a flap gate. Commissioner Schisler stated I have seen that flooded several times and that river can get pretty wild. It is my main concern with all those people we are putting down there. I know the Town needs affordable housing. I know this is probably a logical place for the Town, because the land belongs to the Town. I am for affordable housing, but I think there are too many homes and I am worried about the floodplain. The linear park connection that you talk about on page 37, it leads to Gladden Farms Park, which is nice, but you. also mentioned commercial. There is no commercial in that area. T VanHook responded it is future development of the commercial parcels. It is part of one of Gladden Farms II Specific Plan areas. Commissioner Schisler asked did you know that DeAnza Trail is along the river. There are specified setbacks. Have you taken that into consideration? T VanHook answered I believe that is noted, I could not tell you the exact page, but we are taking a buffer of I believe of 150 feet from the base of the bank protection to the first development of either sidewalk or housing. Commissioner Schisler stated on page 66 you mention that the area is in the Cortaro Marana Irrigation District. Most of the land, even though they have quit farming, they still have to pay dues or fees to the district. Is this the case here? T VanHook answered in the preliminary letter from the Cortaro water users; we had some discussion about fees. That is something I would have to research and give you a more direct answer. Commissioner Schisler asked and if the fee does have to be paid would that be the Town paying. egular Council Meeting -July 20, 2010 -Page 140 of 198 4 MINUTES REGULAR MEETING. OF THE MARANA PLANNING CONIlVIISSION February 24, 2010 ..Martina Municipal Complex T VanHook answered at this point we have all of the fees and other things covered under the funding that we are drawing from other sources. I would really have to look at what the dollar amounts are and how the project flushes out. We know that some of the costs estimated at the time in which we did estimates to apply for the funding will be lower under the current environment and some other projects will help us leverage other funding into the project, so I would really need to look at how that budget flushes out. We certainly would take a look at all of that before we moved forward drawing down the funds and developing the housing. Kevin Kish added more clarification. The CMID has the taxing authority, so if they were levying, it would be through the property tax bills as a line item. It would ultimately be paid by the purchasers of those homes. Commissioner Schisler stated on page 71 you talk about storage space for trash cans and recycle bins to be put outside of the house and hidden. On page 73 it is stated that the recycle bins would be inside the house. There is a conflict there you need to look at. T VanHook responded there is actually an answer to that. There needs to be storage space on the outside of the house for those items when they leave the house. Under the architectural design of house one of the elements that we are going to require is that a designated space for recycled materials be placed in the kitchen, laundry room or another room within the house to offer the residents ease in recycling. Commissioner Schisler asked so when that is full you put it out. T VanHook answered that is correct sir. Commissioner Schisler stated the trailhead on page 77 at the bottom of White Avenue is going to be altered to accommodate housing. Which way are you going to alter that? T VanHook answered when we get down to the platting process, we will work with the parks department to look at the best way to reconfigure that trailhead and also place the park amenities. As you will see in the concept plan, there are no specific-park amenities mentioned. We will be working through a community process and the Parks & Recreation Department to establish it at that time. Commissioner Schisler stated when this project gets built out, if it does, there is going to be a lot of traffic through Honea Heights on 3 or 4 of the main streets which are now pretty quiet, but they won't be, but that is to be expected. On Page 76 you talk about parking areas tc private garage access. On page 73 you garages. Do all the residents have a garage? be provided along the roadways without state all residences will have rear entry egular Council Meeting -July 20, 2010 -Page 141 of 198 5 .MINUTES REGULAR MEETING OF THE MARANA PLANNING COMMISSION .February 24, 2010 Martina Municipal Complex T Van Hook answered all of the residents will have at least a 2 car garage. The parking will be for guest parking or other vehicles in excess of that. It is very hard to tell on the concept, but on the long looping road that comes down from White and over towards Hester, there are designated pull-out parking spaces. Commissioner Schisler stated I think you could have done better on the concept design, the size and have a little more color and perhaps bigger. That is all my questions, but I do have a problem with that being in the low area which could get flooded, but I also realize that we do need affordable housing. Commissioner Adragna stated prior to me coming to this board, I was a member of the Affordable Housing Commission, and so T and I have worked extensively on this plan. Are there any substantial changes that have happened since I have left that board? T VanHook answered there are no substantial changes. There have been some minor tweaks and some updates because we did start writing the plan in 2007, but nothing substantial Commissioner Adragna are all the funding sources still in place and still going to go forward. T VanHook answered we have expanded the number of funding sources and the dollar amounts leveraged into the project. Chairman Fogel stated you indicate some parking areas, but you don't indicate how many cars will be able to be parked there. Do you have a notion? T VanHook answered at this time I do not have a notion. Again, this is just a concept. When we go to engineering to actually draw the lots and see what the terrain will allow, we will be bringing a more exact number to you during the platting process. Commissioner Fogel asked will this come back to us. Kevin Kish answered this is the entitlement project and will allow the project to go forward and then the subdivision will come through the process which you would be reviewing at the preliminary plat stage. Chairman Fogel stated it doesn't appear that you have a lot of parking space. I presume there is no street parking with 28 feet of pavement. egular Council Meeting -July 20, 2010 -Page 142 of 198 6 ` MINUTES REGULAR MEETING OF THE MARANA PLANI~TING COMMISSION February 24, 2010 Marana Municipal Complex T VanHook responded that is correct. There is only street parking in designated areas. There will be some parking down near the trailhead that will be designated for use of the park in the trailhead and parking spread throughout the project for guest parking and other uses. Chairman Fogel stated OK, we will see it when it comes back. Chairman Fogel opened the hearing to the public. Shawn Eagan came forward to address the Commission. Most of the questions were answered that I had. The other one would be that I talked to a few of the neighbors and the concern is that there are basically a lot of houses being put in there. I believe that the .idea was 2.4 per acre. I was wondering if there is an option to make it more towards two houses per acre with less density and more park or parking areas. Also, how would it affect the property taxes for the surrounding areas? How much time will it take to complete the project? How long will there be construction going on? T VanHook answered we are looking at going to platting before the end of this fiscal year, by the end of June 30t". .Dirt will be moving for infrastructure probably in the following year and will go to bid for building partners. The project will be built in phases and at this point until we have completed the platting process and have a RFP for a building partner we won't know what those phases will be. Certainly, two factors will be in play. One being that a predominant number of units are at market rate. So whatever the market will bear, will be built in phases like any other subdivision. Chairman Fogel asked for low income housing, what is the standard for housing units per acre. T VanHook answered nationally, there is a large variance. Certainly, in our area this is about normal and actually we have less density than any other affordable housing project in Pima County at this time. Shaw Eagan stated it seems that given the flood insurance and the cost of the housing and the trouble getting financing, it seems that there is already a glut of homes. They are having trouble selling homes. It seems like a potential problem even though they are affordable homes. There were some concerns about that, but the big concern is that there are too many homes. We were hoping it could be two homes per acre. Toby Barr came forward to address the Commission. We are right across the street and will be looking right at all the houses that are supposed to be built. When they build the house, are they going to build the dirt up as high as our houses are? The reason why we bought that place was for the view of the beautiful mountains. I think back in 1983 that water rose all the way up to there. It does not matter how much you work a egular Council Meeting =July 20; 2010 -Page 143 of 198 '7 NIINUTES REGULAR MEETING OF TIE MARANA PLANNING COMMISSION February 24, 2010 Marana Municipal Complex river, it has its own mind. Could these people live with 90 some homes right there? Then if it does flood, how could you sleep at night just knowing that all of those people are really in danger. That is a bad place. That is in the curve of the river. I don't think it would be right. It will be taking our view away because you know they are going to build it up higher than our house. Liz Barr also addressed the Commission. That is not our only concern. I have lived there 8 years. We recently married. I have spoken to several of my neighbors and I have not talked to one that is in pro of this situation. Chairman Fogel asked are they here tonight. Liz Barr answered they are not. My question to you is I was going to get a petition going, but did not want to do that in the fact that government is going to be stronger than my voice. Without being told that, if I could get "X" amount of signatures on said petition, would that stand any weight in this decision? Chairman Fogel answered not for anything that the Planning Commission does tonight, but this goes to the Town Council. Liz Barr asked so I would not be wasting my time to have that occur? Toby Barr stated Marana has thousands of acres with nothing on it. Why can't they go to another area? It would even be safer on the people that are moving into that place, because you know it is going to flood. Like Mr. Schisler said, he is concerned about it too, because he has seen that river come up. Liz Barr added I understand his concerns. My concerns is that I bought my house from the Town of Marana, given lots of promises about 3 or 4 years back that we were told we were going to get the sewer system. We sat there and watched our roads be destroyed, our cars damaged and nothing came of it. Finally, they fixed the roads and we are still not hooked up to sewer. I don't have big faith in the Town of Marana to be honest with you even though I have been there for 8 years. Was that the initial step for this plan and we were dumb enough to think that you were putting in the sewer system for us? I am confused. Chairman Fogel responded I can't answer that. Liz Bar stated I had a brand new car that literally got destroyed over running over dirty roads all the time. Who can answer for that? Keith Brann answered the Honea Heights sewer project was for the benefit of the Honea Heights subdivision. There are stub-outs though that could possibly serve this egularCouncil Meeting -July 20, .2010 -Page 144 of 198 g .MINUTES REGULAR MEETING OF THE MARANA PLANNING COMNIISSION February 24, 2010 I Marana Municipal Complex development, but like T said they may also have to go to the Sanders Road project. The Honea Heights sewer project was under various grants for Honea Heights. Liz Barr responded it is still yet to be successful. I myself lost child support last year and prior to me getting married, I almost lost my house. I could not get refinanced. One of the biggest reasons they gave me is because I am hooked up to sewer and septic and I could not decide which one. I said it is not my fault; it is the Town of Marana that has not made that decision for me. They wanted me to get proof of why I am not hooked up to the sewer and it was a lengthy process where every pointed a bunch of fingers at everyone else. I suffered. I ultimately did not get that refinance. Also, in addition to that, when I got my loan from the Town of Marana, my house to this day, T VanHorn (s/be VanHook) is who I dealt with, the loan was screwed up. The paperwork was wrong. I was given the wrong address and I have made several follow-up phone calls. Has the paperwork been worked out yet? Has the loan been fixed yet? To this date I have no answer and I have lived there 8 years and am very disgusted. Chairman Fogel responded I am sorry for your troubles. I don't have any answers to that either. Liz Barr stated I just thought this would be my opportunity to speak. We don't want to loose our view, but that is not the biggest picture. We don't want the neighborhood to go down. Will you get back to me on the answers to my questions? Chairman Fogel answered you will have to speak to the Town. Liz Barr asked who do I speak with. T VanHook responded Mrs. Barr purchased the house eight years ago and it was before I was here. There was a Scrivener's Error in recording of one of the documents. We have sent the Scrivener's Error off to be recorded by Pima County. I know that there are some months of delay in having those recordings coming back to us. We did process it when it came to our attention. It is a very lengthy time for us to straighten out the paperwork. It was a misprint of the address on a document. Chairman Fogel responded so it is being handled. T VanHook answered, yes sir. George Learning came forward to address the Commission. Let me apologize, because my hearing aid broke last week and I have not had a chance to hear anything that went on up here. Let~me give you what I have. egular Council Meeting -duly 20; 2010 -Page 145 of 198 9 MINUTES REGULAR MEETING OF THE MARANA PLANNING COI~~IlVIISSION February 24, 2010 Marana Municipal Complex Let me preface that with letting you know that I have been involved with the economic aspects of urban planning and development since 1961 when I joined the faculty at the University of Arizona. From 1977 when the Town was incorporated to 1984 I was the Town Planning & Zoning Administrator. From 1983 and 1984 I was the Flood damage mitigation coordinator for the Town of Marana. With reference to this plan I would like to express my objection to it on several counts: 1) The land is in a low lying area between the early levy and the later levy and is still subject to flooding. It is not a good place to put housing of any kind. 2) The land was made available by the private owner to the Town of Marana after the 1983 flood for use as a park. This would negate that gift. 3) The site is underneath the approach flight path. to Marana Northwest Regional Airport and is subject to frequent low over-flights particularly of pilots in training for take off and landing. 4) The site is adjacent to the Santa Cruz River and should be in the DeAnza Trail Natural Conservation Area and therefore should not be used for housing. 5) This site is particularly poor because of its location and situation for low cost affordable housing or high density housing of any kind. It is not within walking distance or likewise readily accessible to schools, health care facilities, public recreational facilities or stores. All three of north Marana's current affordable or low cost housing areas are. I was involved with the development of two of those. The Don Frew Apartments on Grier and what was originally the Valley of the Sun Mobile Home Park on Sandario Road. 6) The subdivision plat in my opinion is not a legitimate plat, but is more of a cartoon with pretty pictures of trees. It shows no ready access ingress or egress to the housing supposedly depicted there. It seems to be on a scale quite different from that of the adjoining areas of Honea Heights. I seriously question the competence of the individual who drew that. I realize that may be insulting. I realize also that it is very easy to criticize work that is done by others. As a planning administrator I got a lot of that. So let me offer a few positive points. 1) Use that railroad that you have at the Heritage Park, extend it and create a replica of the EI Paso Southwest Railroad from the early 1900's. Donate that high area that has been filled in on the southwest corner of Steele Drive and Sandy Road to Habitat for Humanity and let them build a couple of houses that would be affordable housing and turn the rest of it into a park. 2) Combine both of alternatives and let everybody win except possibly the developer who has Pima County's ear and wants get some free land to build a house on. egular Council Meeting -.July 20, 2010 -Page .146 of 198 " Q MINUTES REGULAR MEETING OF THE MARANA PLANNING COMMISSION February 24,2010 Marana Municipal Complex Chairman Fogel closed the hearing to the public. Commissioner Pound stated the chain of title that he just spoke about because it is entirely different from the proposal. Was it donated by the County to the Town? T VanHook answered the property passed from Pima County to the Town of Marana through a land swap. When the flood protection was put into place, it pulled these three parcels out of the floodplain. Pima County Flood Control then did not have authority to hold the property because it was no longer in a flood zone category that they hold for their uses. The Town of Marana owned property that was in the floodway and a parcel per parcel swap took place then. Pima County is very aware of this project and has written several letters to that affect on behalf of this property to receive federal funding. Pima County CDBG dollars will be paying for the platting process and engineering. The Pima County Board of Supervisors has approved additional affordable housing funding through the bonds and home and other funding for use on this project. That is the title change of the property and the previous property owner, which is Pima County Flood Control or Pima County Board of Supervisors acting as the body on behalf of the Flood Control District has approved the project. Chairman Fogel asked where does this fall in the new FEMA Flood Map? T VanHook responded I will actually defer to Mr. Brann for this question. Keith Brann stated after the levy was constructed by the Pima County Flood Control District, the property was removed from the flood plain. The new FEMA draft maps that we receive in 2007, was going to show pretty much everything in northwest Marana in a floodplain. After we performed our study, it revalidated some of the levy-like structures such as the railroad and I-10 and as of this point the FEMA maps that will be coming out in 2010 or early 2011 show this property in its current status as not being in a floodplain. Motion to Approve item PCZ-09048 Honea Heights III Specific Plan, Moved by Commissioner Michael Wiles, Seconded by Commissioner Jeffrey Adragna Roll Call Vote: 4-1 Motion passed (Commissioner Billy Schisler voted nay) (Vice Chair Marcia Jakab and Commissioner Tina Le Page-Wood, excused) 2. PCZ-09057 Marana Regional Landfill Specific Plan - A request by The Planning Center, representing DKL Holdings, Inc., to rezone approximately 590 acres of land from 'RD-180' (Rural Development -minimum lot size of 180,000 square feet) to `F' (Specific Plan) for the purpose of establishing the Marana Regional Landfill Specific Plan, an industrial master-plan area that will allow for a regional landfill and material recovery operations as well as other industrial uses. egular Council Meeting =July 20, 2010 -Page 147 of 198 ~~ MINUTES... REGULAR MEETING OF THE MARANA PLANNING COMMISSION February 24,2.0.10 Marana Municipal Complex Brian Varney came forward to address the Commission. The case before you tonight is a request by the Planning Center representing DKL Holdings to rezone approximately 590 acres of land from RD-180 (Rural Development) to "F" (Specific Plan) in order to establish the Marana Regional Landfill Specific Plan. The site is currently located within the jurisdiction of Pima County, however, the applicant is in the process of annexing into the Town of Marana, which will not only include the rezone area on the map, but also an additional 600 acres to the south and the southeast. With the annexation, the zoning will be translated from the current Pima County Zoning RH (Rural Homestead) to the Town's RD-180. The applicant is requesting that the RD- 180 be rezoned to Specific Plan. The rezoning area is within the Town's planning area as defined in the General Plan so as a result the Land Use Designation within the General Plan will need to be amended as well. Currently it is Rural Residential and will be amended to Master Planning Area which accommodates the Specific Plan. The site plan proposes a solid waste landfill as well as various material recoveries, recycling facilities and composting operations. Access is proposed to be provided to the site by and existing 80 foot wide access and utility easement. It extends northward from Avra Valley Road up into the southeast corner of the rezoning area. Should the property be successfully annexed into the Town and the rezoning be approved by the Planning Commission and ultimately the Town Council, the Specific Plan will be implemented through a review and approval of a development plan, landscape plan, native plant permit, improvement plans as well as all the required state and federal permitting that goes into the approval and development of the landfill. The applicant's consultants did hold a neighborhood meeting on February 9th of this year and responded to neighborhood concerns. As of this afternoon, Staff has received a total of 40 items of correspondence in support of the landfill application. We have received 14 items of correspondence in opposition. Staff does find that .the proposal meets the review criteria as is evidenced in the Staff Report and does recommend approval subject to the conditions defined within the report. The applicant is here tonight and is prepared to give a very detailed presentation of the project. Chairman Fogel stated I have one thing to add. I got a call this afternoon from Ora Mae Harn and she wanted to express her support even though the project is in her back yard. Read that into the record. egular Council Meeting -July 20, 2010 -Page 148 of 198 IZ 1VIINUTES REGULAR MEETING OF THE MARANA PLANNING COMMISSION February 24 2010 Marana Municipal Complex. Michael Racy came forward to address the Commission. I am here on behalf of the applicant DKL Holdings. I have a number of others with me. Linda Morales from The Planning Center who will be helping throughout the presentation. Mr. Jack Neubeck of The Planning Center, Mr. Garth Bowers. the engineer for this site with Cornerstone Engineering (who has years of experience in municipal solid waste landfill design and engineering), Suzanne Grace-Poor from Southwest Appraisal Service to discuss the issue of values which came up in the neighborhood meeting and also Mr. Marcus Esparza with the Traffic Engineering firm that has done work on the project. As Staff has outlined, the request is to rezone to Specific Plan 590 acres fora 430 acre municipal solid waste facility. The solid waste facility as you can see by the picture is located in the center and the scale of many of these pictures are deceptive because we are talking about some large areas. There is a minimum 200 foot buffer around the entire site and on the northeastern corner there is an area that the east branch of the Brawley Wash crosses and the buffer there is closer to 800 to 1,000 feet and there is riparian restoration that I will come back to and discuss in more detail later in the presentation. Why are we here tonight talking about a municipal solid waste facility? Pima County has been the municipal solid waste provider for this region of southern Arizona for many years. That service has been provided by landfills in Sahaurita and much closer to us on Tangerine Road. The Tangerine Road facility was. originally started in the early 80s and it is ironic how these projects come full circle. I was involved back in 1990 and 91 in opposing a landfill site on the Tortolita Fan with a host of other folks in this community including Mr. Herb Kai. Mr. Kai owns this site. The difference is at that point in time Tangerine was half a dozen years old. We were coming out of the S&L crisis of the late 80's, growth was slow and the life of that landfill has turned out to be nearly 30 years and there was a lot of life left in Tangerine. The world also changed in other ways. The regulations in place for municipal solid waste in 1991 were regulations that date back to the mid 1960s. In 1994 the entire regulatory arena for municipal solid waste was updated. The kind of facility that we are talking about today is very different from the kind of facilities that were developed in the past. That is another theme that I am going to return to a few times tonight. By way of example, the first portion of Tangerine incompletely unlined. The next portion has 30 mil PVC and no clay liner. Another phase of it has 30 mil HDP, a more durable material,. also no clay liner. Only the last phase of Tangerine has an essentially modern double layer liner system. That is the history of landfills in other parts of the community, Los Reales for example, which is a larger facility, larger than this, operated by the City of Tucson over near Davis-Monthan Air Force Base and Tucson International Airport. egular Council Meeting -July 20, 2010 -Page 149 of 198 13 MINUTES REGULAR MEETING OF THE MARANA PLAl~iNING COMMISSION February 24, 2010 Martina Municipal Complex Today, 2010, Tangerine is at the end of its life. Sahaurita doesn't have much life yet. We don't know exactly what the life remaining of Tangerine is and the time when the County will cap it will really be dependent on financial resources to be able to do that. They can slow the waste stream into that facility. A year ago it was closing January of this year and a few weeks ago a memo came out that it is going to be open in 2020. If you go back and look over the life, you will find that pattern has been. repeated back and forth, but we do know the physical capacity of Tangerine is at its end. There isn't going to be any municipal solid waste facility in this region of town. What other options are there. There are transfer stations. Transfer station isn't a bad short term opportunity. Less than a year ago this Council Chamber was filled with people incensed and concerned about the announcement by Pima County of the closure of Tangerine. People thought about a transfer station, but it is a very expensive way to haul trash. You haul it in and you haul it back out. You dramatically increase the cost of municipal solid waste service. You get some of the negative and virtually none of the benefits. Good short term, but not a good long term. You may well hear tonight about a facility that a competing developer rezoned last year in Pinal County. It is a 25 mile round trip from Tangerine Road to that facility. It is not practical for northern Pima County. I won't spend more time on that facility at this point, but it has other significant financial challenges and may or may not ever become a reality because of those challenges. It is too far out of town to provide an economical solution for northern Pima County. Why this. site? The president of DKL, Mr. Larry Hank who is with us tonight, has been in the municipal solid waste field for over 25 years. He went from driving trucks to maintaining trucks, to ultimately being the president of Allied Waste and responsible for the management and operation of over 150 landfills around the country. Mr. Hank still owns companies that are waste haulers in Tucson, Phoenix, Nogales and the Prescott Valley. The other principals in DKL have similar levels of experience and background with municipal solid waste. Upon knowing that the end of Tangerine's life was coming they started looking for sites in northern Pima County that were privately owned. Sites that were on a defined truck route, sites that were near other industrial areas, and sites that were well buffered from other uses. This site meets all of those criteria and is being proposed at time there truly is a need for a new municipal solid waste facility in northern Pima County. All of those things distinguishes it from proposals that were made 20 years ago. As Staff has mentioned, this site is off Avra Valley Road. With the current Avra Valley Corridor you get off at Silverbell and I-10 and that would be the haul route as well. There is a large power substation on the east side of the road. You come down and there are the Cal Portland gravel pit, the Cal Portland Cement Plant, material yards on both sides of the road. As you move on down Avra Valley there is the conveyor belts and the haul egular Council Meeting - ,fuly 20,-2010 -Page 150 of 498 14, MINUTES REGULAR. MEETING OF THE MARANA PLANNING COMMISSION February 24,.2010 Marana Municipal Complex road back to the cement plant. Continuing on down you have Happy Acres, which is a residential enclave and we have been chatting with folks there. They are interested in some litter control, noise mitigation and other things. They have participated in our neighborhood meeting and I have also met with them separately. We will have another meeting with them and discuss some specific proposals that DKL can do, but also some things that we can do coordinating with the Town. You also have the very large gravel operation that is immediately on the other side of them, Vulcan Materials. Continuing on down you have the cement mine Twin Peaks area. There used to be two peaks there, now there is a single peak and tailing piles. About our facility, it is tall, but not nearly as tall or massive as this view. Continuing on down you get to the CAP Canal and the Marana Regional Airport. The Marana Regional Airport is essentially an industrial use. There is a new access road on the east side and planning under way for an additional jet terminal and industrial uses on the east side. On the west side of the airport there are plans for jet hangers and then through the fence and outside the fence industrial uses as well The Silverbell Corridor; this project does not have access from Silverbell. The Silverbell West neighborhood is the closest neighborhood to the project. If you turn off of Avra Valley Road you come up Sanders Road then onto Silverbell Road and you go by the Marana Correctional Facility with prison uses that are classified in industrial use. Down at the end of Silverbell and Trico, you have the old Gin site, a major cell tower, a power substation and also in the area you have some FM radio towers that are very tall. That is relevant to an issue that we have heard brought up about obstruction heights relative to the airport. Moving down Silverbell Road the Silverbell West neighborhood is approximately 3,000 feet from the ultimate design of the facility. These are the properties fronting on Silverbell Road: (Referring to pictures taken from driving by) Benefits of a municipal solid waste facility; new modern waste facilities are a hub for commercial and industrial development. It is a hub for new green industries, for recycling and reuse activities. Glendale has recently had headlines for the electricity generation from their municipal solid waste facility. I will have pictures of that in just a moment. It is also a revenue stream for the Town in difficult economic times. In the development agreement there will be hundreds of thousands of dollars a year provided to the Town and a couple hundred thousand dollars a year provided to the Marana Unified School District. This is the only project that we know of that has created a specific carve out for a school district. It will provide new opportunities, new jobs, revenue and lastly and in many ways most importantly, an opportunity to try to reduce illegal and wildcat dumping. We are going to hear a lot about environmental damage.. I do a lot of work with the State Legislature and have done work up there for about 25 years. I don't think a year has gone by that there has not been a bill to grant more authority for more money to deal with wildcat dumping. EPA study after study refers to it egular Council Meeting -July 20, 2010 -Page 151 of 198 15 MINUTES REGULAR MEETING OF THE MAItANA PLANNING COM119ISSION February 24, 2010 Marana Municipal Complex as one of the greatest environmental risks we have got. They choke our washes, creates flooding, breeds vectors, mosquitoes and flies. A landfill 25 miles roundtrip out of town isn't going to solve that problem for a region of town that already has a lot of wildcat subdivisions. Subdivisions that were developed without full access, that is a little further from this project, but drive by this area, areas that may not have regular trash hauling if there is not a regulated properly designed nearby facility, wildcat dumping with the closure of Tangerine will become an enormous environmental problem throughout this region. The Pima County Department of Environmental Quality site talks about it. From pictures taken in 5 minutes driving down Trico Road it showed 3 mattresses, an easy chair, more beer bottles than we could take pictures of, more bed sheets than could take pictures of and numerous old tires which provide perfect mosquito breeding habitats because the water gets in and stays to cause mosquito problems. Let me describe the process for a municipal solid waste land fill, because it is not like anything the Planning Commission deals with. You are here tonight dealing with the Town land use choice. You are not here tonight and neither is the Town Council approving a municipal solid waste facility. That is a year long million plus dollar technical exercise that involves Pima County, Town of Marana, Arizona Department of Environmental Quality, United States Environmental Protection Agency, FAA, and US Army Corps of Engineers. All of that process follows this process. There are many folks that would like us to do that process first. That is not how the procedure works. That is not how the Federal. agencies work. In fact, there are Federal agencies that are currently frustrated by so many calls too early in the process before their regulatory participation is normally engaged. We have been reviewing the site since last year. We have done a significant number of engineering studies on wells, hydrology, transportation, archaeology and all the routine requirements. We have gone above and beyond those requirements knowing that a controversial issue like a landfill stirs strong emotions. We have worked closely with the Town of Marana, but we have also worked closely with Pima County. Early in the process we communicated with Pima County and told them we were annexing into Marana, but the County will continue to have certain jurisdiction on flooding and Avra Valley Road is a shared road. We committed that we would send all reports on all those issues directly to the County as well as to the Town. Normally, that would all funnel through the Town, to the County and then back to the Town. We are on a duel track and have involved both of those from the beginning of the process and will continue to work that way along the process. We have gotten additional feedback from them. They asked us to do an even more detailed traffic study, not because the traffic volume is heavy, in fact, the traffic volume from this is lighter than almost any other use you could come up with. There is truck traffic associated with it. There is already truck traffic on Avra Valley Road and already deficiencies at the Avra Valley interchange, so we were asked to evaluate those and have done that and submitted it as well. It has been a very thorough process. egular Council Meeting. -July 20, 2010- Page 152 of 198 16 MINUTES REGULAR MEETING OF THE MARANA PLANNING COMMISSION February 24, ZO10 Marana Municipal Complex Another component is there have been a number of concerns about water quality. Those are fair concerns to bring up. The EPA and the Arizona Department of Environmental Quality are the regulatory entities that have to permit and have to approve this project before a single thing can happen on it. There have been very extensive well studies done. There will continue to be extensive well studies. Additionally, the development agreement for the project provides, if owner's wish, it is all at their option, in a full mile radius around the site there are approximately 7 domestic wells, that we will take baseline tests before the project ever gets started and then annual tests every year thereafter for the entire life of the project. Questions have been brought up about proximity to some of the City of Tucson recharge facilities. Those recharge facilities are located many miles south of this and a very large recharge and extraction system CAPS is owned by the City of Tucson. We have talked with engineers in Tucson Water and they have indicated to us that as long as you follow the entire regulatory permitting process they are comfortable with those. Those are also up gradient, will be done with much care. There are wells down gradient as well, small domestic wells just as entitled to protection. If folks want us to sample a little further down gradient, we will do that. The point is things aren't going to migrate 10 miles up gradient in the opposite direction. The first submittal was in early December. The annexation hearing was heard in early January with extensive news coverage was provided and a full hearing and discussion of the landfill proposal. We then scheduled a neighborhood meeting. The requirements for the neighborhood meeting on this project would have been a 300 foot radius. We would have notified State Land, the City of Tucson, John Kai and maybe three other people. That was ridiculous. We looked at the map and we took our notification area about a mile and'/2 to the north up to the Santa Cruz River. We went west 1,000 feet past Trico Road. We went 1,000 feet south of Avra Valley Road and we went back east all the way to I-10 1,000 feet north including 100% Happy Acres and Silverbell West. Happy Acres is many miles down near the Vulcan Materials, but they have noise and truck traffic legitimate concerns. We have met with them and will continue to meet with those folks. Staff mentioned it, but I want to reiterate that the site is about a mile and'/2 north of Avra Valley Road so it is not like the Tangerine Landfill. The Tangerine Landfill you drive right next to it on Tangerine. This is well set back and is a mile off of Trico Road and a mile and'/2 off Avra Valley Road and 3,000 feet south of Silverbell Road. What you can't see on this is that there is a new road that comes into it off of Avra Valley Road. There will be new right hand turn lanes entirely at the developer's expense. All of this is at the developer's expense and at the developer's risk. If we move forward and we cannot get the permitting and ADEQ thinks that we can't meet the requirement that we are a half a mile away from 25,000 cfm, then we can't get a permit. That issue was brought up by the County and others. We have done a lot of work and we are very confident we don't have any problems there, but you don't have to trust us. You should trust your own staff. egular Council Meeting. -.July 20.,.2010 -Page 153 of 198. 17 MINUTES REGULAR MEETING OF THE MAItANA PLANNING COMIVIISSION February 24, 2010 Marana Municipal Complex Pima County, Marana, ADEQ, and The Corp of Engineers all have to approve that. There is a new fully paved 80 foot wide easement paved roadway that comes in, private roadway, but built for the truck traffic. You will come into that southeast corner, there will be the scales, the recycling, the reuse facilities and there is about 25 acres in that area. There is well over 100 acres of buffer all the way around the project and even more riparian restoration up in the northeastern corner. There are different cells within the landfill design. It starts in the southwestern corner. The average depth of the facility will be approximately 40 feet. There are areas that are deeper and there are areas that are shallower. The regulatory limit on the height is 200 feet. Engineering is still taking place for that, but it could not go over .that height. The life of the facility is in the 50 to 70 year range, but that all depends on growth rates, trash generation and changes in recycling behavior that I think we are going to see a lot of over the next many years. The site zigzags back first to the east and then up. So it's better than 30 years down the road before you are into the middle of the site. At that point you are still over 3,000 feet from the Silverbell West neighborhood. There are a couple of other things that are unique to a private facility. When the County has a facility like Tangerine, there is no requirement that they have a bond in place to cap and close that facility. Right now times are tough. The County may well want to extend the life of that facility to avoid the very substantial costs of capping that facility. A private facility can't do that. We have a bond that has to be filed on day one with the State and that bond increases and is reevaluated every single year so that any point in the project, when it reaches the end of its life or there is an insolvency or any other problem, that facility can be fully capped, closed and maintained for years and years after that life. Additionally, and not required, in the development agreement for this project is an environmental insurance policy for any third party that is impacted by any well contamination or anything else, a $20 million dollar insurance policy that will be in place for the entire life of the facility. It is $10 million per occurrence, $20 million policy. Another advance of this facility of what has been done in the past and over what has been done. at Tangerine, this facility has active methane collection which does a few different things: 1) It prevents any offsite gas escape; 2) Most of the odor, virtually all of the odor if you are getting one from a landfill is from that gas escaping; 3) Overtime, not in the first few years, but later on it produces a lot of energy. The methane production out of Los Reales goes into the TEP station down there. It is enough energy to power 4,000 homes. It is a major benefit. In regards to the proximity to the airport, there has been lots of discussion about this. There are two documents that are called aviation circulars. They are Federal Aviation Administration Guidelines for airports. They talk about thousands of things. There are two that relate to landfills. One of them is a guideline on items that attract wildlife and birds. That. regulation from an Airport that has jet turbine aircraft recommends 10,000 feet away from the end of any runway. We are 14,500 feet away from the runway. We are completely outside of that area. There is a second regulation and it is a regulation egular Council Meeting -July 20, 2010 -Page 154 of 198 18 MINUTES REGULAR MEETING OF THE MARANA PLANNING COMMISSION February 24, 2010 Marana Municipal: Complex that has been widely misinterpreted and an incorrect map was sent by the competing developer to the Aircraft Owners and Pilots Association indicating the location of the landfill was the entire annexation area and stating that it violated this six mile limit. The six mile regulation in the Aviation Circular is for a general aviation airport receiving federal grant money with scheduled air service and aircraft with fewer than 60 seats. There is no schedule air service at Marana and no scheduled air service at Pinal. The regulation doesn't look backwards. It doesn't say that if you put a landfill here, you can't ever get scheduled air service. It doesn't do that at all. It doesn't say if you put a landfill within six miles you can't get federal grants any longer. It has been confirmed by the Town and by me. Ironically, the AOPA sent the memo and the map to me before they ever knew I was working on the project. For about the last 15 years at the State Legislature I have been involved in more airport preservation legislation than probably anyone else in the state. I represent the Arizona Airports Association in Tucson .International Airport. I have a lot of background in this area. You don't need to trust any of that or Town Staff. Part of the permitting requirement is that we have a notification and a consultation with the FAA and they will determine all of that. Pinal Airpark is really a storage facility. The entire facility is owned and operated by Evergreen Aviation. It is where airplanes go to die. It is not where people go to board scheduled air service. There is an army helicopter facility that is separate from the airport by another mile and 1/2 on the north end. Again, there is no impact on any of those uses. To highlight that, Linda maybe you could bring up the Chandler Municipal Airport and the Glendale Airport. I think it is illustrative on a lot of what you may hear tonight, both with respect to residential communities in close proximity to landfills, but also in Arizona. Landfills are regularly sited near airports because they are very compatible industrial land uses. We are not on the Gulf coast or the Atlantic coast, Great Lakes, or Pacific seaboard. We do not have seagulls in big numbers. Occasionally, they get blown in by the storms. We do not have geese. We have met with Scott Richardson, biologist for the US Fish and Wildlife Service; he did not have any concerns about bird activity being a significant problem. He said in Arizona you will get ravens, raptors, hawks, red tails and Harris hawks. They are attracted by all the agricultural uses out there. Mice and rodents or ravens, if they become a problem, there is well established easy mitigation. It has not been a problem at Tangerine. Tangerine is located closer and under all four traffic patterns for the Marana Regional Airport. This is further away and off the traffic pattern site of the airport. It provides much greater protection. Things like the recharge basins are discussed in these aviation circulars. I always thought they were going to be a big problem at Marana. I am a pilot and fly out of airport many times a week. It hasn't been nearly the problem we thought it was going to be. You can see the Chandler Landfill and transfer station and the municipal airport at the top of the picture (used overhead to explain location). That is the kind of airport we are egular Council Meeting -July 20, 2010 -Page 155 of 198 19 MINUTES REGULAR MEETING OF TIDE MARANA PLAN1~iING COMMISSION February 24, 2010 Marana Municipal Complex growing towards. It has residential development all around the Chandler Landfill. Less than '/z mile away is Mr. Hank's house. We had lots of questions about, `would you like to live within 1/z a mile'; well Mr. Hank is within a 1h mile. It is interesting to note Gladden Farms is within 1/z a mile. It is closer to Tangerine than this facility is to Silverbell West. Where we are standing right now is the same distance to Tangerine that Avra Vista, a newer subdivision, further past us on Avra Valley Road is from this proposed facility. Again, this facility is a mile off the road. The distance from this facility to any residential uses is greater than Los Reales, Chandler, Glendale, and many others. Here are pictures of some of the development immediately around the Chandler Landfill. Glendale Municipal Airport had a major press release last week talking about the new energy production out of that landfill. There is a residential subdivision right next door to it. If you look a mile to the east Cabela's, University of Phoenix stadium, Jobbing.com, it has not really harmed the values or economic development. It is another airport that Marana would love to become. Los Reales, in Tucson, is city owned. The picture is a little far back, but it is to give you some sense of scale. You have the Tucson International Airport, Davis-Monthan Air Force Base and then residential subdivisions all right next to it. In just a minute I will give you a break from my voice and have Suzanne talk to you about values. In fact I will invite Suzanne up now to touch on that subject and then I will come back and talk about a few other operational issues and concerns that were brought up in the neighborhood meeting and I will wrap up my comments. (Michael Racy handed copy of the email and map to the Commission that was sent to the AOPA.) I discussed it at length with the AOPA. I worked with Mr. Dunn .and the National Business Aviation Aircraft Association and others, all of which are comfortable with the proximity to the airport. Your intuition on what things affect value may not always be correct, so with that here is Suzanne Poor of Southwest Appraisals. Suzanne Grace-Poor came forward to address the Commission. I am a certified real estate appraiser with certification from the State of Arizona. As a result of the neighborhood meeting regarding the landfill project, I have been asked to provide an opinion of value as to whether or not residential values in proximity to a landfill are adversely impacted. This assignment is intended to address only values in the surrounding area of a landfill. Many questions were brought up at the neighborhood meeting .involving quality of groundwater, suitability of the site, access, circulation., and many issues, however, my assignment was solely to address whether or not property values in the area surrounding a landfill are adversely impacted. egular Council Meeting -July 20, 2010 -Page 156 of 198 20 MINUTES REGULAR MEETING OF THE MARANA PLANNING COMMISSION February 24, 2010 Marana Municipal Complex I think it is important to note that in estimating any potential loss in value on surrounding properties due to development of a proposed landfill, I have used market value as the criteria. But market value is not determined by what an individual property owner perceives the value of his or her property to be for his particular purposes, rather, market value is the highest price in terms of money, which any hypothetical, prudent and knowledgeable buyer and seller will accept and is willing to pay for the property in a competitive and open market. It is important to note that at any given time a property owner is likely to object to such things as overhead transmission lines, underground gas pipes, roadways, street widening; all of those issues. The property values and whether they go up or down are determined by what a buyer and seller agree to pay on the open market. With that in mind, the scope of my assignment involved looking at various subdivisions surrounding landfills. I should note that some of the concerns by property owners are `well it is different when a subdivision comes into an area where there is an existing landfill versus when a landfill comes into a subdivision that already existing'. I didn't have the opportunity to look at values other than Silverbell West where they are located near this development. So I did look at Silverbell West at sales and listings in that area. I went to Gladden Farms which is within close proximity of the Tangerine Landfill. I also went to Rancho Valencia which is adjacent north of the Los Reales Landfill. Also, after looking at market data, I also interviewed several real estate agents who are listing agents or selling agents of properties that sold or were listed within proximity of a landfill and those that are not within visual sight of a landfill. Starting with Gladden Farms I looked at sales of properties and listings of properties that had a visual sight of the Tangerine Landfill. Then I compared those sales and listings with properties in Gladden .Farms that were more distant from the landfill and had no visual sight of the landfill. I did the same thing at Los Reales. There is a street called Desert Straw that is along the whole south boundary of Rancho Valencia. It is within sight of the Los Reales Landfill and it is also within sight of an industrial park in the area. So it has heavy industrial uses and you will see that above the Los Reales Landfill. I am told also that this map came from GIS Pima County Mapping. The blue area is identified as Los Reales Landfill, however, the area directly northeast of the blue is now also now being used as the landfill. It is within 1,800 feet of the homes along the south boundary of Rancho Valencia. also reviewed the specific plan that has been filed for the Marana Regional Landfill and had to make an assumption for my value opinion that the development of the landfill will comply no less than the specific plan states, because it is not an existing landfill. I made the assumption that all of the regulatory controls and all of the approvals will be in compliance and the development will follow those regulations. I interviewed multiple real estate agents including George Deacon and Scott Keiser who had listings in sales in egular Council Meeting -July 20, 2010 -Page 157 of 198 ~~ MINUTES REGULAR MEETING OF THE MAIZANA PLANNING COMMISSION February 24, 2010 Marana Municipal. Complex ` Silverbell Ranch. In Gladden Farms I interviewed Kurt Stinson and at Rancho Valencia I interviewed both of the on-site sales representatives. They are beginning sales again in Rancho Valencia along Desert Straw. I asked about lot premiums. There are lot premiums on the lots that are on Desert Straw and that have actual site visibility of the Los Reales Landfill. The lot premiums for those lots are $1,000. In comparison, lots on interior streets range from $2,000 to $4,000. In interviewing Ms. Stone, the on-site sales representative, she told me that when they take people out to look at the new lots on Desert Straw, she has received no negative feedback about the proximity of the landfill. In fact, she said that the feeling is that many people would prefer to have the vegetated landfill to look at rather than a neighbor from their second floor bedroom looking down into their backyard. Another agent said some people are going to say I would rather not be there; I am going to choose another home site. But, the- values of these properties, in fact, one of the agent remarks in the listing said that `this property backs up to undeveloped land has a significant view amenity'. So, it was a positive factor that this lot was located where it was and it was marketed as such. In doing an analysis of sales and listings with proximity views of a landfill site compared to interior sites, it was apparent that there was negligible if any difference in the sale prices or list prices of homes. In conclusion, the value opinion that I arrived at was that the proximity to a landfill, given the assumption that the landfill conforms will all of the rules and regulations it is supposed to and is properly screened. the way it is intended, there will be no adverse impact on property values. Michael Racy came forward. Our largest neighbor right next store is the Arizona State Land Department. I think there may be representatives here tonight. They have concerns. We have got a meeting scheduled with them on March 4t". We have been in contact with them. They are the owners of the vacant land that rings most of the property. (Michael pointed out the east and west branches of the Braw/ey wash) It creates very significant site constraints on what can be done with that State Land. On the east it starts getting closer to the airport. There are certainly development opportunities along Trico Road. In portions of land to the west it is going to be a little bit of a challenge along Silverbell Road. I think as we have seen throughout the State of Arizona and throughout this community there has been, in fact a benefit to those areas in commercial and industrial opportunities and those are only going to improve in the future. I don't think you need to go any further than I-10 and Tangerine. The economy has slowed things down. The Westcor project, the Mandarina project, the Mehl commercial land and Gladden II are all right next door to the Tangerine facility. I talked a little earlier about the height. It is well set back and well away and in an area that it doesn't significantly impact views, but it is tall. It is scary to talk about something 200 feet tall. It is developed in lifts. It's not like the tailing piles. It doesn't have very steep slopes, a small shelf and a very steep slope. Modern landfill design varies the egular Council Meeting -July 20, 2010 -.Page 158 of 198 ~r2 MINUTES REGULAR MEETING OF THE MARANA PLANNING COMMISSION February 24, 2010 Marana Municipal Complex faces, varies the slopes, and sculptures the ground giving it a more organic look. It's not going to look like the mountains. I am not pretending that to anyone, but it doesn't look like the tailing piles. (Michael showed some pictures of views) These are views from all four view areas, Trico north and south, Avra Valley Road and Silverbell Road. Each one was taken from those respective roadways. These are two scale photo realistic computer renderings ten years in with 10% build out. You can't see anything. There are berms on the south and west side of the project and we are not over the top of the berms. It will be many, many years more before we cross it. At .build out, 50 to 70 years, the view will change. From Silverbell Road you will have the most significant view. You will not be able to see the sculpting or the contouring. You are simply too far away. From northwest Trico Road, because the land falls away you will have very little. Southwest Trico you will definitely have more of a view. Similarly from Avra Valley Road, you will be able to see it. There have been a lot of concerns about dust. Landfills are highly regulated and managed. In a modern landfill you have a very small active area where you dump. It is immediately covered and other areas have dust palliatives on them and are not disturbed. This site will create less dust than the agricultural uses in the area right now. Smell, because of modern operation practices and because we have very substantial on-site cover, you cover very quickly, there is no off-site smell generated by the dumping. If you drive into Tangerine which isn't especially well managed and you will smell it. They are slow to cover and are having to purchase cover. They don't have enough onsite cover, with this no off-site. Gas we talked about earlier, it has an active gas collection system. Less noise is created by this outside the property boundaries than the existing agricultural uses and certainly less noise than the existing airport that is 2.5 miles away. There is a lot of concern about health issues and neighborhood issues. Those are very sensitive issues for folks and I understand that. Every study that has been brought up and been referenced are hazardous waste landfill, toxic waste landfills and liquid waste landfills. Tangerine for 9 years accepted liquid waste. It was accepting liquid waste at the time Mr. Kai and I opposed the landfill on the Tortolita Fan.. That doesn't happen any longer. There is no hazardous waste, tires, or liquid waste. There will be active well monitoring including offsite wells. You have the bond, the insurance policy and all the other regulatory permitting issues. There is not health affects associated with modern landfills. There is residential and commercial development all around them all around the state and all around the United States. egular Council Meeting -July 20, 2010 -Page 159 of 198 Z+3 MINUTES REGULAR MEETING OF THE MARANA PLANNING COMMISSION.- February 24,2010 Martina Municipal Complex, We have spent a lot of time on Traffic. Regarding volumes, approximately 100 trucks during the day during the week, about 20% as many trucks. It will be much fewer during the weekend. During the weekday you will have 100 - 200 cars and during the weekend many more cars 300 - 400 cars, but many fewer trucks. One benefit, they are virtually all off peek trips. You will have a few that go while people are going to work and almost none at the end of the day. These facilities operate from early morning to mid afternoon generally, so almost no .impact on evening or afternoon drive time and minimal impact on morning drive time. Traffic is spread out throughout .the day and is a fraction of the available capacity on Avra Valley Road. The Santa Cruz River bridge is in good shape and was rebuilt a number of years ago. There is one small bridge at the east bank of the Brawley that will be evaluated and upgraded if necessary. Other intersections along the way will be evaluated and our share of improvements on those will be performed and entirely all the improvements required and associated with the project. Litter control is another issue that has been brought up. Regularly it is an important function of any landfill. Tangerine has done a very bad job of litter control. It is a horrible example. If you go to the Phoenix metro area, you don't see anything like that. There is a full time staff that will be responsible and required in the development agreement enforced by the Town for regular litter control on our access road and down Avra Valley Road. We initially looked at the area near the landfill where there is going to be the most, but we will take that all the way back to the I-10 Interchange to ensure that there are not litter collection problems associated with this, because litter will fall off trucks, litter will fall out of individuals cars. The point is that you clean it up and you do it immediately. That is a requirement of this project and as a privately owned project it is a requirement the Town can easily and regularly enforce as opposed to the current situation. Another provision of the development agreement is that if at any point in the life of the facility, there are additional FAA studies required due to the airport getting a new grant, gets scheduled air service, any reports or mitigation this facility will fund those reports and do the on-site mitigation that is needed. Additionally, as a community benefit and to deal with the wildcat problem there will be -free dump days on two occasions a year. Anyone in the Town of Martina and anyone in the areas around it can bring in and drop off waste as well We have engaged in an extensive outreach program to a very broad area and we are going to continue that not only throughout the land use process, which is all that we are dealing with tonight, in spite of this excruciating detail, but throughout the entire year long permitting process that follows that. We have had a large neighborhood meeting and we will continue to talk and meet with local groups to address specific issues, because the issues of Happy Acres are probably a little different from the issues of Silverbell West. We will meet with other folks as well and continue that. egular Council Meeting -July 20,.2010 -Page 160 of 198 ~r4 MINUTES REGULAR MEETING OF THE MARANA PLANI~TING COMMISSION February 24,2010 Marana Municipal Complex We have spent a lot of time tonight, but we have spent a lot of time on the proposal. There are those that would like to suggest that something has been rushed or not thoroughly prepared. I could not disagree more. This has been a timely process, we have not wasted time. We have prepared carefully and worked with the County, the Town, coordinated with the City of Tucson and other state and federal agencies and we will continue that through this entire process. I would like to bring us all the way back to where I started tonight, all we are asking for is a recommendation to move forward with the land use change. The landfill permitting and landfill approval is for ADEQ and a whole alphabet of other local state and federal agencies. With that I would happy to take any question you have but moreover I would be happy to come back and re-address any issues or new issues that come up after the public testimony. I thank you for your patience. It is an issue that generates a lot of emotion. I have gone on a lot longer than I normally would, but it is a subject that I think deserves that level of detail and consideration. Commissioner Adragna stated I have two questions. One is you mentioned some other landfill facilities as a way of comparison, specifically the Chandler and Glendale Landfills. How does this facility in the way it is being pursued in terms of volume or general size compare to those, larger, smaller or about the same? Michael Racy answered it is about the same as those. Chandler is probably a little smaller, but has a transfer station next to it. Glendale is close to the same size and Los Reales is probably a little larger. There are many other even larger facilities around the state. They are all good comparables to what we are talking about tonight. Tangerine is a smaller facility. It is not as large or as tall as this and is also right next to the road and has a very different history and design. Commissioner Adragna stated my second question is I found back in the actual Staff Report, which may actually be a question for Staff more than the applicant, through the application it talks about a minor amendment to the General Plan that is required to allow this use to be located where it is. It looks like the minor amendment has to do with the change. from Rural Density Residential to Master Planning Area. With regards to a Master Planning Area how does that use relate to any other Master Planned areas or other general use issues in proximity to this or is there any? Or is it purely Rural Residential everywhere and this is kind of an island by itself? Michael Racy answered to the extent I understand the question; it is a good question for Staff to address. It really pertains just to this specific area. The way the Town of Marana Land Use Code is designed, you can incorporate a minor land use change along with a zoning change and it applies just to this area. If someone wanted to bring egular Council Meeting -July 20, 2010 -Page 161 bf 198" 25 MINUTES REGULAR MEETING OF THE MARANA PLANl~TING :COMMISSION February 24, 2010 Marana Municipal Complex something else or different in that would be separate. It doesn't apply to the other annexation areas. Commissioner Adragna restated his question to Kevin Kish. My question was with regards to the application, it refers to a minor amendment to the General Plan from Rural Density Designation to a Master Planner Area. Are there any other similar land use General Plan issues adjacent or in the close proximity to this proposal or is it strictly completely surrounded by Rural Residential designations? Kevin Kish answered it incompletely surrounded by Rural Residential. The General Plan sets up an opportunity when we do the Master Planning of Specific Plans that equates for the General Plan land use layer to go into conformance with a Master Planning Area. Typically, whether it is a residential or commercial industrial mix on larger plans, it comes into a Master Planning Area because there isn't a one size fits all in terms of the General Plan designation on it. It is authorized through the adoption of the General Plan the way it is set up in the implementation program of that General Plan. Commissioner Adragna stated that leads to a follow-up question. Is there infrastructure in the close proximity to this facility that would support any other more intensive use other than Rural Residential some time in the future? Kevin Kish answered at this time I don't believe the infrastructure is out there. I know to the west there are subdivisions that have septic provided for them and also water facilities. It is possible by extending the water utilities infrastructure to areas around the land if appropriately developable and use a septic type system on it. Commissioner Adragna stated I guess I am talking in terms of infrastructure utility or electricity capacities; sewer is obviously one of them. Also, water availability, road infrastructure, drainage,. industrial type uses which has been presented as a compatible use and I am not hearing anything that is referring or lends itself in going towards the direction of an industrial center that would be compatible with this use in the future. Michael Racy stated just a few years ago the Town of Marana upgraded their water system and as part of those industrial uses that are already there, there is a significant water infrastructure, wells and storage in this area which will then allow for water. There is extensive electric already in this area and as part of the Town's Master Plan there is also sewer services planned in the future. So is there sewer and water to the immediately adjacent properties at this time, no there is not. But, this is a very long life project and those certainly are part of Master Plans that are being worked on for that entire corridor in the area of the airport. Commissioner Adragna stated one more question. What is the. ultimate right-of-way for Avra Valley Road, which is the main road that leads to this facility and has it been egular Council Meeting -July 20, 2010 -Page 162 of 198. 26 MINITTES REGULAR MEETING OF THE MARANA PLANNING COMMISSION February 24 201fl Marana Municipal Complex designed to handle the types of vehicular traffic that we are dealing with? More importantly, if it is not, is the right-of-way adequate for a corridor to lead to more intensive type uses in the future or is that something that the Town is going get through `eminent domain' or whatever down the road to achieve that kind of right-of-way to access more intensive uses beyond Rural Residential? Keith Brann answered Avra Valley Road on our Major Routes Plan is set up for 150 foot right-of-way. It is intended to be a 4 lane arterial roadway. That amount of right-of-way does not exist at this time; however, with Master Planning at the airport there is also a desire to realign Avra Valley Road further to the south to gain more buffer area around the airport. The rights-of-way for the ultimate arterial would likely be acquired at that time. There is enough right-of-way out there today to support the current roadway and could even support some modest widening such as creating the turn lanes and things like that which have been proposed. The current right-of-way does not support a 4 lane arterial at this time. Commissioner Adragna stated so this is currently a major thoroughfare and it's always been intended so if anything it will get larger than it is now. Keith Brann responded yes. Avra Valley Road is an arterial roadway on both our plans and Pima County's plan and has always been so. It uses 150 foot right-of-way in both our Major Routes Plan and Pima County's Major Routes and .Scenic Routes Plans. They are compatible documents. Commissioner Adragna asked is that process typically achieved through 'eminent domain' process or something else. Keith Brann responded typically we wait for developments to come on line and develop and we get the right-of-way through exactions from rezoning. People will build parts of the roadway as necessary. If the time comes that we do have to come forward with a Capital Improvement Project, first we try to purchase land at the appraised value before we go to `eminent domain'. If need be the Town would acquire right-of-way. Commissioner Adragna stated I would imagine the design process of that roadway would be handled the same way. Keith Brann responded at that time the design process would be a capital improvement project simply concerned with the roadway itself. Commissioner Adragna stated similar to Tangerine on the east side. Keith Brann responded yes sir. egular Council Meeting -July 20, 2010 -Page 163 of 198 27 MINUTES REGULAR MEETING OF THE MARANA PLANNING COMMISSION February 24, 2010 Martina Municipal .Complex Mr. Esparza (Traffic Engineer for applicant) came forward to address, the Commission. We have prepared a preliminary study report that addresses in part the existing roadway conditions and capacity of the roadway. One of the things we did was to collect the traffic volumes along Avra Valley Road as part of this project. We found that there are about 4,000 vehicles per day west of Trico Road and about a little over 8,000 east of Airline Road. That is well within the capacity for acceptable levels of service for a two lane roadway such as Avra Valley Road. The project itself is projected to generate fewer than 1,000 vehicles a day. Added to the existing traffic, that will still be well below the capacity of the roadway. Twenty years down the road there will be regional growth. We assumed a factor of about 5% per year growth factor on the roadway, not necessarily associated with the landfill, but just what is hopefully going to happen with developments and other types of regional connections that will be added. One of the things is in the PAG's Regional Transportation Plan are two projects that are planned for Avra Valley Road. One for Pima County with the section that is in Pima County and one that is in Martina. The projects are to widen Avra Valley Road to a four lane section. Those are scheduled in their Regional Transportation Plan in ten year increments. The increments for these projects I believe are from 2010 to 2020. There is no specific design or other preplanning associated with those to my knowledge. They are in there and it recognizes that Avra Valley Road is going to be used quite a bit more than it is today. With a four lane section the capacity is going to increase. It is certainly going to be big enough to handle the capacity of the roadway with both the regional growth and the landfill traffic on top of it. Commissioner Schisler stated we speak of material recovery, is that while you are digging out sand and gravel. Is there going to be an asphalt plant there? Michael Racy answered absolutely not. That simply means the excavation of the material to use as cover in the landfill. It will be used for the berming around the landfill on that south and west side. There will be riparian restoration as mentioned at that northeastern corner and we probably will have some excess material that would be available to be sold for folks that need it for various projects. No gravel or asphalt operation. Commissioner Schisler asked has anybody checked on the prevailing wind direction in that area? Michaei Racy answered we have, but in fact probably the most comprehensive wind studies are from where the airplane is sitting. Look at the direction of the runway and you will know the direction of the wind. In the morning the wind in this area comes from the southeast and in the afternoon it comes from the northwest. That is runway 12 and runway 30. That is the predominant direction of winds in this immediate area. It is the egular Council Meeting -July 20, 2010 -Page 164 of 198 2g MINUTES" REGULAR MEETING OF THE MARANA PLANNING COMMISSION February 24, 2010 Marana Municipal Complex predominant runways that are used. There is runway 21 which is a smaller runway. It gets very light use. We do have weather conditions that bring winds from that direction. In this part of the country winds blow in every direction. If you want to pick the predominant winds, it is 12 and 30 shifting midway through the day. Commissioner Schisler asked would you be averse to having a condition in your write- up, you talk about cleaning up the roads to and from the landfill, but what about the property around it? Have you noticed on Tangerine Landfill on the north side where the big chain link fence collects all that trash that is blown in there and is never cleaned up? Talk to me a little about what you plan to do with that. Michael Racy answered we would support that kind of condition and it already exists in the development agreement concepts. Again, I don't want to speak ill of others management of projects, but it is not a good example and I know exactly the trash you are talking about. This entire site and everything around it would be policed on an ongoing basis and would be enforceable by the Town. Commissioner Schisler stated I don't like the sight at the Tangerine Landfill. I don't like to see the trash stuck in a big chain link fence. Do you plan on a five wire fence around the property to keep out trespassers? Michael Racy answered it is actually a combination of fences. On the south side right from the beginning will be chain link and then going northbound on each side will be chain link constructed in phases 100 feet north of any active area. Then there will be five wire fence beyond that because it is a large area. We will be policing that entire area. As the facility grows to the north the fence will always grow ahead of it to the north ultimately enclosing the entire site. There is a roadway all the way around it designed for a variety of purposes, but in part to make it completely accessible to do that kind of clean up forever. Commissioner Pound stated I am looking at the signs out here; my question is how do you assure that toxic and liquid waste is not coming into dump? I am sorry it is not a dump but a landfill. I grew up when it was a dump. Michael Racy answered it is a great question. I have referenced a couple of times that we don't accept any of those wastes. In fact, there is an entire inspection protocol that has to be approved by the Arizona Department of Environmental Quality that checks loads to ensure that things are not getting in. Does that mean that small amounts won't ever be missed? Small amounts will be missed. That is the reason for the double HDPE clay based liner leachate collection system. There are enormous protections to first monitor and ensure that nothing comes in. If anything is discovered the entire load is rejected. Also, it is staggering and I don't know if we want to take the time, but Mr. Hand or Mr. Bowers could talk about how every cell is designed much smaller than the egular Council Meeting -July 20, 2010 -.Page 165 of 198 29 MINUTES REGULAR MEETING OF THE MARANA PLANNING COMMISSION.. February 24,:20111:. Marana Municipal Complex - cells I had shown you before, with a catalogue of every load that comes in. So if the monitoring wells and the leachate collection systems which have sumps all over, you can identify where something is coming from if it ever happens and it would be remediated immediately. But with these modern systems not much of anything gets in. Commissioner Pound asked if it does get in what stops the dozer driver from just driving over it and crushing such as 10 gallons of oil or something like that. Michael Racy answered again all of those folks are trained to look out to see anything, stop immediately and get people to clean it up. I am not going to sit here and say that it is a 100% perfect system, but every other aspect of the design of the system is built to accommodate for that. This is opposed to the old systems. The first part of Tangerine or Los Reales that accepted liquid waste was not lined. It is interesting; we have a test case just down the road. You are going to here a lot about the aquifer. This is in the Avra Valley sub basin along with Tangerine and Durham. Every landfill around here is over a major aquifer. We are in the Tucson sub basin. They all come together and there is nothing different or unique about this landfill's proximity to this aquifer. We are hundreds of feet from the water table. Twenty-six years at Tangerine, parts of it unlined, parts of it poorly lined and nine years of it accepting liquid waste, no contaminants have been found in the monitoring wells around Tangerine. That is with not very good technology. Commissioner Adragna stated the one question that is leaning on everybody's mind more than anything else; we have liners, safeguards and monitoring. We are dealing with Marana which is predominantly wells water pulling off that aquifer. .All the testing and monitoring in the world, you have one shot at it. What if? Granted it could be a million to one chance, but it is that one chance that is there. Who is going to be responsible and who is going to satisfy damages to individual home owners and residents of Marana? Who is going to be held accountable for that? This is a privately run facility. Applause from the audience. Chairman Fogel called the audience to order stating ladies and gentlemen I would encourage you please hold your applause; this is not a show. Commissioner Adragna continued you can't go to the Town, because it is not Town mandated. From the business standpoint it would be real easy to say `we have a problem, we just go bankrupt and run away', but personally, that is not good enough. You wreck our aquifer, somebody has to be held responsible and I think somehow that if this project does move forward it should be tied to the conditions that every citizen in this Town has some assurance that if something does go wrong, that we have somewhere to go to get satisfaction. Can you address that in any way? egularCouncil Meeting -July 20, 2010 -Page 166 of 198 30 MINUTES REGULAR MEETING OF THE MARANA PLAN1~iING COMMISSION February'24 2fl10 Marana Municipal Complex Michael Racy answered first let me emphasize the permitting process that this has to go through deals with exactly that issue in incredible detail. Second, because of the nature of the protection systems, it is not one chance. You've got dozens of chances to monitor, detect and remediate before anything gets into the water table. The monitoring wells, the leachate collection system, the monitoring of off-site wells, all contribute to that. The on-site monitoring wells and the leachate collection, even way before, years before would detect any contaminants and you would immediately remediate. But what if, we have that in every landfill in the state of Arizona and in the country. This one is no different in its proximity to the aquifer and it is much better. than Tangerine and Los Reales. They are all sitting over aquifers. We all have that risk. You ask for financial assurances. That is why there is a $20 million dollar insurance policy in place for the entire life and for years after the life that will cover any of that in addition to the state bond that increases every year to ensure there are two sources of recovery for any remediation activity. If it finishes its life, gets closed, or if the operator goes out of business, under any of those eventualities, the bond and insurance policies are in place for remediation. Federal and State laws require that the operator is responsible as well. You brought up the issues of insolvency and others, those mechanisms are in place and are routinely used around this state. It is nothing unusual or unique that we have thought about for the first time. This has been thought about by the experts in this field for many, many years. In addition to the other things we have had additional meetings with the US Fish and Wildlife Service and representatives of Coalition for Sonoran Desert Preservation. This property is not included as part of the County's conservation land system. They felt it wasn't suitable. I may be habitat for the shovel nosed snake and may well have some burrowing owls on it. What we have worked on with the service is, in fact they felt the berming and the other characteristics would be fabulous habitat for burrowing owls. We will be incorporating that in the facility and will tie in with the riparian restoration along the east branch of the Brawley Wash. We will also be doing some shovel nosed snake studies. The concept has been. that ultimately is the landscape is very suitable for a burrowing owl management area for the entire region. That is something we are working on developing with the US Fish and Wildlife Service. Chairman Fogel opened the hearing to the public. I have a number of cards here. We are going to stick to the 3 minute rule. Sandy will be timing us. In order for everybody to get their say, please stick to the 3 minute rule. If you agree with somebody who spoke before you, just state that you agree. There is no need to repeat the same things over and over. I will be calling two names at a time. The first name will come up and the next person will be ready. egular CounciLMeeting -July 20, 2010-Page 167 of 198 31 MINUTES REGULAR MEETING OF THE MARANA PLANNING CONIlVIISSION February 24, 2010 Marana Municipal Complex Commissioner Pound asked to add something. If you keep the demonstrations down, we will get through this a lot faster. Chairman Fogel added there is no need for applause. We know where your sentiments are. Annie Shelberg came forward to address the Commission. I am going to burn a couple seconds of my three minutes by stating regarding Ora Mae Harn, this is not her backyard at all. That was inappropriate and insensitive to the people of Silverbell West who I share their concerns with. Chairman Fogel stated that was her quote and I am just repeating what she said. Annie Shelberg stated I am just saying the way that you said it was inappropriate from a Chair. I live by the Tangerine Landfill and I have no traffic impact in my community right now. I work in Rillito. I have no impact since the Town of Marana has changed the Tangerine and I-10 Interchange and they can't get to our roads anymore. The residents of Happy Acres are concerned about the traffic impact to us and the entire community including Marana High School Students and all Avra Valley users. Two semi trucks have left Avra Valley Road eastbound lanes in the last four years. The most recent one last summer went through four properties before coming to a rest only 13 feet from a second home located on Longview Avenue, the road I live on. The truck also did hit the back storage unit of a house on Airline Road that is attached to the home. Eighteen wheel trucks transfer waste currently from Waste Management to Phoenix. They haul trash that weighs up to 80,000 Ibs with their truck. They will use this landfill because it will be prudent for their business to use this landfill. Those trucks in addition to regular what you think of trash hauler trucks or anything else will be on those roads in addition. That is 25 to 30 trucks per day, semi trucks with 80,000 lbs. Today there are four large pot holes at Avra Valley Road and Frontage intersection, hundreds of cracks in the road from Frontage to Trico and very little road clean up. If we need it and we call they will come out. A light is needed at Sandario Road and Avra Valley Road to protect our kids. The three way stop at Emigh Road is a result of an inexperienced high school driver pulling out in front of a waste truck, a regular trash waste truck, not an 80,000 Ib semi truck. We would want to see major road improvements, lights to slow traffic, and enforcement effort. We have a long way to go and the pace of this project needs to slow down to address all of those issues. We all need to be open, honest, informative, and come up with the ideas that will help to protect our community. egular Council Meeting`-.July 2Q, 2010 -Page 168 of 198 32 MINUTES REGULAR MEETING OF THE MARANA PLANNING COMMISSION February 24, 2010 Martina Municipal Complex Again, I already live closer to the landfill. Our concerns are different than those of Silverbell. I trust ADEQ to do the right job. I trust FAA to do their job. I trust the EPA to do their job. So I am sure they will be able to do their job. I do not trust traffic engineers who do not live in my community or travel on my roads. This is a development agreement between the Town of Marana and New West Materials that came into my neighborhood across the street and four of these conditions been met and four of them are in violation today. Robin Meissner came forward to address the Commission. While I get up, I would like to say it sounds like a lovely place to live 2,000 feet from a landfill. So, I have a home I am willing to offer any of you for sale. You all should have a manila folder on your desk that has our packet of information for. your perusal. I am here to discuss the Marana Regional Landfill and our opposition of it. We have serious concerns. We have requests and questions. There are a large group of residents who oppose this landfill within the Town and Outside the Town. We are pro-business, pro-development. We believe our issues are significant and well sourced. We encourage everyone to check www.pima.gov, thank you Pima Co. for allowing this issue to be transparent. Many documents have been uploaded with the correspondence between the Town of Marana and Pima County. I would like to ask now for those who oppose this landfill to stand or raise your hand or both. I guess there are more than 14. We are not here to present to you a `not in my backyard argument'. This transcends you and will affect all of Pima County now and for future generations. What we request is for the Commission to deny the rezoning of the proposed landfill site tonight. If DKL cannot provide "layman" such as ourselves, supportive data, how are they providing you adequate information to move forward. Please slow down. We believe it is going to fast. The decision doesn't have to come tonight. We ask that you investigate the information with diligence required for one of the most noxious land development uses possible. Floodplain is one of the major issues and not touched upon to greatly with Michael Racy's presentation. The site is in a FEMA flood hazard zone. Suzanne Shields the Director and Chief Engineer of Pima Regional Flood Control District stated, "There is not enough information in the Marana Regional Landfill Specific Plan to evaluate their hydraulic model and claim that the actual 100-year floodplain is less than the adopted FEMA floodplain limits". (Quotation per Robin Meissner's presentation) Risk and liability egular Council Meeting -July 20, 2010 - Page_169 of 198 33 MINUTES REGULAR MEETING OF THE MARANA PLANNING COMMISSION February 24, 2010 Marana Municipal Complex for 20 new jobs is what the landfill will create according to Mr. Racy, unless that has been revised. Water -Water is an incredibly important issue.. This. is from the US Geological Survey 2007 (referring to the map in her presentation). The red area is the proposed landfill. It is landing right on the only aquifer, the largest aquifer in the Tucson region where the water levels are actually increasing. Along the red areas, these levels are declining. This is our future water. I would like to make one last comment that Mr. Miranda, Tucson's City Manager has "directed Tucson Water to conduct a complete analysis on the affects the proposed Marana landfill and what it could do to Tucson's water aquifer". (Quotation per Robin Meissner's presentation) It is an important issue to them. Ron Asta came forward to address the Commission. I have been working with land planning and rezoning issues inside government as well as outside, since the 1960's. I am sort of like the other white haired guy that spoke to you on the previous case. I respectfully suggest that this landfill needs to be defeated. First, nowhere in America has a project of this size and impact proceeded to a hearing before a planning commission just 60 days after the application has been filed. The neighbors just got this traffic report today and it was dated Monday. How can there be a thorough review in 60 days? Further, where does it say that a city or town can hold rezoning hearings on land outside its own jurisdiction? This hearing tonight should be conducted by Pima County where the neighbors can testify before the people they vote for. They cannot vote for the Mayor and Council of Marana, so their opinions can be of no consequence. This is the rub. These people are disenfranchised. That is why they went to the Pima County Board of Supervisors under call to the audience searching for help. To continue, where does it say that a landfill seven times taller than Tangerine, two times higher than the Los Reales Landfill, a project this huge, where does it say that the project has to first be the subject of your year long plan amendment process prior to beginning the rezoning. The Town has just launched its 10 year General Plan Update. Shouldn't this project as big as it is be integral part of that process? Your staff has recommended approval in part because they have found that the project meets the standards of your Land Development Code. What standards? I have searched the code and cannot find where a landfill use is even allowed in your zoning code. So how can there be standards for a use not even allowed. And if there were such standards, would they permit a landfill to locate in a 2 mile wide, 3 foot deep egular council Meeting -July 20, 2010- Page 170 of 198. 34 MINUTES REGULAR MEETING OF THE MARANA PLANNING COMMISSION February 24, 2010 Marana Municipal Complex floodplain in the middle of 2 airports that are making multi-million dollar plans for expansion and economic growth? Mr. Chairman and members of the Commission, you can restore confidence with these people and deny this landfill project if for no other reason than the arrogance of the process itself. Chairman Fogel asked Mr. Asta, have you ever been involved in one of these kinds of programs before? You sound like you have some experience. Ron Asta responded yes. Chairman Fogel asked where was that. Ron Asta answered I was the lead planner for a landfill northeast of Red Rock, Arizona. It took two ,years and two months to get a hearing before the planning commission like we have now, because were directed by Pinal County to meet with everybody, to do all sorts of studies to seek approval. Chairman Fogel asked are you or your company still involved in that? Ron Asta answered I am no longer involved in that project. My job ended last July when I got the rezoning. Charles Goddard came forward to address the Commission. I'm here to speak in opposition of the proposed Marana Regional Landfill. I am voicing concern regarding the location of the landfill in the middle of an active floodplain. There are a number of problems associated with the proposed location and chief among them is that the Brawley Wash Floodplain, specifically the east branch, is designated by both FEMA and the Specific Plan for the landfill has no delineated floodway. Any proposed plans in the delineated floodway would be in violation of Section 16.24.010 of the County Code and Section 21.05.09 of the Town of Marana's Land Development Code. Before anything can be done on the land a floodway has to be delineated for the floodplain. The specific Plan states nothing about any plans to address this issue. In a 100 year flood situation the floodplain around the proposed sit is characterized as you have heard before, by a 3 foot average flow depth. This. raises all kinds of concerns regarding overland trash transport and potential contamination by stuff being dragged off-site away from the liner of an aquifer that supplies water not only to us but to our entire region. egular Council Meeting -,July 20, 2010- Page 171 of 198 35 MINUTES REGULAR MEETING OF THE MARANA PLANNING COMMISSION February 24, 2010 Marana Municipal Complex The site has plans to accommodate fora 100 Year Food event, but the fact must be raised that while many view a 100 Year Food event as a worst case scenario situation, we can and do receive rainfall events that are worse than a 100 Year Flood. In response to Marana's Specific Plan review request, Pima County Regional Flood Control District has recommended that the landfill use water diversion features that would accommodate not a 100 Year Flood, but a 500 Year Flood. From what (,gathered this was dismissed out of hand. The Regional Flood Control District said this because of "the nature of the development and the serious environmental consequences if the landfill is flooded". Should such an event occur the consequences for people farther downstream in the EI Tiro area could be significant. You guys have heard this before and I am going to say it again for emphasis, Suzanne Shields the Director and Chief Engineer Pima County Regional Flood Control District stated, "There is not enough information in the Marana Regional Landfill Specific Plan to evaluate their hydraulic model and claim that the actual 100 Year Floodplain is less than the adopted FEMA floodplain limits". (Quotation per Charles Goddard Jr. addressing the Commission) Given such commentary from local experts regarding the ambiguity of data presented in the Specific Plan, and the quite obviously expedited nature of all processes associated with the rezoning of this land, as nearby residents we are very concerned at the reckless pace at which the landfill is proceeding. We are requesting the Commission make responsible recommendations to the Board based on .detailed analysis and specific, separate reports supporting the Specific Plan, which do not exist to date. To recommend the re-zoning of Vice mayor Herb Kai's site for development of this landfill without sufficient analysis, is jeopardizing the health and safety of the entire Southern Arizona population. Jens Hill came forward to address the Commission. Although I do not live within the Town of Marana limits, this evening I will be addressing one of our many concerns about our drinking water and the impact that this landfill can potentially have on our future. I'm certain that many of you know about the contamination at Tucson International Airport that was discovered during the early 80's and written up by the Environmental Protection Agency. You have it right there in front of you (AZD980737530, 2009). The primary contaminant of concern was TCE (trichloroethylene) and is a probable human carcinogen. This contaminant plume was deposited by rinsing TCE off of whatever machinery it was on and sent into unlined basins. Yes, the landfill will be lined. This travesty created a contamination plume. The reason I bring up this travesty is because the Town of Marana City Council received a proposal by DKL Holdings, Inc. recently. This proposal puts a large landfill on top of the aquifer, the largest regional aquifer and a sole source of water by the EPA. This aquifer is called the Upper Santa Cruz & Avra Basin Aquifer. As water percolates through the landfill, it creates something called egular Council Meeting -July 20, 2010 -Page 172: of 198 36 MINUTES' REGULAR MEETING OF THE MARANA PLANI~TING COMMISSION February 24,1A10 Marana Municipal Complex leachate. Leachate can be looked at like coffee as you would get when you put water through coffee grounds.. It pools at the bottom of the landfill. This water will be reclaimed and used for dust control or disposed of in leachate evaporation ponds within the landfill. Any manufacturing process has an acceptable industry failure rate. Per the Environmental Protection Agency all landfills will inevitably leak. It is not a matter of how, but when. The well owned by Tucson Water providing my community is within 1,900 feet of the boundary of the land being annexed and will be 1/2 mile from the northern most edge of the landfill when it is completed per The Planning Center. Just as the rest of my neighbors, I have no desire to be a canary in the mine when this failure does occur, because my community will be the. first ones affected. At this time I request that all of you take this matter into full consideration. Pamela Ruppelius came forward to address the Commission. I would like to address the issues concerning the two airports. As you all may know, the FAA has requirements regarding Airports within a 6 mile radius of a newly constructed landfill. According to a surveyor, Pinal Air Park is 5.48 and Marana Regional is 2.3 miles within the perimeter boundaries of the proposed site. According to Flight line officials at the Pinal Air Park, they state that they do have regularly scheduled flights. Also, according to Roger Yohem at the azbiz.com article dated January 22, 2010, Marana and Pinal officials are stated saying, "That the long term potential for Pinal to be annexed into Marana for the purpose of shipping and cargo is a visionary idea that both Marana and Pinal are proposed to explore". As has been debated about the kind of airport or hub the Marana Regional Airport currently is, does not account to the fact that you have in a chapter 5 of the airport plan the expansion of runways and designs to eventually serve business and corporate users which would exceed the limitations of the federal regulation established by the FAA for new landfill limits. Has the Town of Marana notified the FAA, State or other regulatory commissions about the first order on your list, which is to install a dump before the airport? How will that affect funding for the airport expansion? In table 5D of the Master Plan, chapter 5, nowhere addresses the issue of the landfill that you knowingly are proposing and will have a lot of impact on our environment and safety. It is obvious that they have identified every other issue imaginable but fail to mention the landfill or what I call dump. You have also concluded in table 5D labeled, The Secondary Induced Impacts, that you are acknowledging with the expanded facility and services within the airport, you will in the future attract additional users to include industry, trade and tourism to enhance the egular Councif Meeting -July 20, 2010 -Page 173 of 198 37 'MINiJTEB , REGULAR MEETING OF THE MAItANA PLANrTING COMIVIISSION February 24, 2010. Marana Municipal Complex future growth and expansion. How many more jobs will be available to the community with and expanded airport verses the 20 jobs available with the dump according to Mr. Racy. Many officials are now aware of the proposed landfill and have a great concern. These include Mike O'Donnell, Director of Airport Safety Standards in Washington, D.C., William Withycombe, Regional Administrator, Dan Burkhart Regional Programs Director, AOPA Pilots Association, Tony Garcia and David Dochade our Regional Directors, just to name a few. Please I am asking for a denial of this rezoning proposal based on not only the airport issues, but many other concerns that we all have presented. More time should be taken to make such a large decision that could have adverse affects for the future of Marana. I understand that some of the issues you are looking at about the airports do not affect them now, but I ask you to envision the future development of Marana. I am not against industry, but the location of the landfill would greatly jeopardize the growth of our airports. Are you willing to give up the option for growth and expansion of the airports for a landfill that will only cause a hazard in so many aspects and areas in our community? For a change, let's put the people's health and welfare before our money. Janice Mitich came forward to address the Commission. I am a retired educator, having taught for 30 years in the Tucson Unified School District. I have grave concerns regarding the rezoning of Vice Mayor Kai's property in Avra Valley for the purpose of a landfill. Many of these concerns have been or will be addressed by other citizens present tonight. You may wonder why I am involved since I live in Picture Rocks and not near the proposed site. I am involved because I wouldn't want a landfill or dump in my backyard. What the Town of Marana is doing to these folks is morally and ethically wrong. I find it ironic that approximately 20 years ago Waste Management wanted to locate a dump east of I-10 and north of Tangerine Road and Vice Mayor Kai and others, not wanting a dump in their backyard, adamantly and successfully opposed the site using the catch- phrase, "Don't. Waste Marana". Now, 25 years later Mr. Kai is attempting to do the same thing to his neighbors. The only difference being that he will profit by this decision and shame on him. egular Council Meeting -July 20, 2010 -Page 174 of 198 3g MINUTES REGULAR MEETING OF THE MARANA PLANNING CObIlVIISSION February 24, 2010 Marana Municipal Complex I believe that the `Golden Rule' applies here and what is good for the goose is good for the gander. I am asking the Planning Commission members and the Town of Marana Council members to examine your consciences. Is it fair and just and right for you to do to others what you don't want done to you? If this landfill location was in your neighborhood, would you vote to allow it? If your answer is `no' then ethically, you must not support the proposed site. If your answer is `yes' then I am sure everyone here will work with you and DKL to move the site into your neighborhood. Melissa Rohlik came forward to address the Commission. Mine is actually very similar to Ms. Mitich's. Others are opposing this stating the aquifer, floodplain and traffic issues as their main objections. Make no mistake that is also our main objection to this planned site. I do, however, need to point out what I believe to be at best questionable politics within the Town Council. Vice Mayor Herb Kai recused himself from the process according to Dave Perry of the Explorer, yet he is out personally and professionally soliciting letters of support. It is my belief that this has been put on the fast track because of Mr. Kai's position within the Town Council. AZ Daily Star July 29, 1991 - He used his position as a board member of the Cortaro Marana Irrigation to oppose the Waste Management Landfill that was slated to go into his backyard according to then Irrigation District Manager Robert Condit. The main opposition they used was the ground water. AZ Daily Star February 25, 1998 -Marana discusses need to protect views along Silverbell Road. Then Councilman Kai stated he thought the Town was already doing a good job protecting views along Silverbell. Now he wants a 220 foot high dump set within 2,000 feet on that ground water and on his land? How much is he going to make on it? AZ Daily Star January 22, 2009-Kai family opposes Union Pacific switching yard on state land they lease on the premise of air and water pollution and retirees in an RV park. Herb Kai states "we just think it's a bad place". The proposed dump is a bad place. AZ Daily Star April 28, 2005-Vice Mayor Herb Kai leads a private effort to raise money for embattled Mayor Bobby Sutton and I quote "I'm spearheading the effort, trying to appeal to all the residents. The private money would go to Sutton win or lose". The man pled guilty. Where does Herb Kai really stand? He doesn't seem to stand solid on any position. If this dump is really it and he is going to personally profit, which he is, he should have resigned his position. egnlar Council Meeting -July 20, 2010 -Page 175 of 198 39 MINUTES REGULAR MEETING OF THE MARANA PLAl~TNING COMMISSION February 24,2010 Martina Municipal Complex Please people; take some time to weigh all the facts that are being presented. Water is all we have to survive on in southern Arizona. For nearly 20 years the Kais have fought for ground water and now that there is potential to make big money, ground water doesn't matter? Please be a town known for Accenture Match Play, major league spring training and airports and not a town of prisons, super dumps and questionable politics. In closing please know though we may not live within Martina Town limits. We have family, friends and work acquaintances who do and we can and will sway votes. Steve Storzer came forward to address the Commission. We are not opposed to annexation as long as it does not affect people, water or wildlife in that order. Annexation of the Vice Mayor's property seems to be on the fast track as you have already heard. What is the hurry? There is a big hurry to build this landfill. As you know it is in Pima County. The proposed site is only 2,000 feet from the only well where we get our water. We believe that more study is necessary for alternate sites that are: • Not located near people • Not located near a potable water wells • Not located in a floodplain • Not located on top of a valuable water aquifer • Not located where animal and plant species may be harmed Unfortunately, we all know that this site: • Is located near people • Is located near a potable water well • Is located in a floodplain • Is locate on top of a valuable water aquifer • Is located where animal and plant species may be harmed The proposed site is 10 times bigger than Tangerine and its life expectancy as Mr. Racy explained could be 50 to 70 years. There is no reason to fast track the effort. Mistakes could affect hundreds and maybe thousands of Arizona residents. We need to preserve our precious ground water, keep it clean, and not allow a landfill to be placed on such a valuable resource. egular Council Meeting -July 20, 2010 -Page 176 of 198 40 MINUTES REGULAR MEETING OF THE MARANA PLANNING COMMISSION February 24,201Q Marana Municipal Complex We ask the Planning Council members to recommend against annexation of this site and recommend against placing the landfill in an area where our drinking water comes from. More time is needed. Our generation has made too many mistakes that our children and grandchildren have to correct. We cannot allow this landfill to be located this close to 100 families and this close to our valuable water source. If and when it leaks, our children and grandchildren will have to figure out how to clean it up. Just for your information, we have all kinds of people living in Silverbell West. We moved there because it's quiet, peaceful and it's away from the city. We can see millions of stars at night, but we are not a bunch of desert dogs sitting on the porch waiting for big business, big politics, and big money to push us around. We want to be heard. We demand to be heard. We pay taxes. We buy products. We support Marana businesses. We support the Marana School District. Our children attend Marana schools. We also vote and we can influence votes, however, if anyone messes with our families or with our water, they should know that desert dogs bite. Nita Storzer came forward to address the Commission. On January 29, we received a letter from The Planning Center. On February 9, there was a meeting at the Sky Rider Cafe. We attended that meeting with over 100 of our equally concerned neighbors. It has been less than 4 weeks since we learned about a proposed dump in our neighborhood. Why the big rush? We have read the Specific Plan and do not support it. The proposed site is too close to people in our neighborhood. It is too close to our water well. What happens if leachate ends up in our ground water? Do you know what leachate is? When water percolates down through decomposing solid waste, it produces leachate. Additional leachate is produced during decomposition of carbonaceous material. It produces methane, ammonia, carbon dioxide and a complex mixture of organic acids, aldehydes, and alcohols. Leachate contains highly organic and inorganic materials. Some of it will be dissolved and some will be suspended in the solution. It will undoubtedly contain crop spray chemicals. It may also contain toxic heavy metals, petroleum products, and any number of caustic household cleaning products. The smell is acidic and offensive and may be very pervasive because of hydrogen, nitrogen and sulfur rich organic species. Illegal activity may introduce. a wide range of restricted materials that make the leachate even more deadly. The proposed facility personnel cannot inspect every load coming egular Council Meeting -July 20, 2010 -Page 177 of 198 41 MINUTES REGULAR MEETING OF THE MARANA PLANI~TING COIVIlVIISSION February 24, ZO10 Martina Municipal Complex into the landfill. This material may become airborne or leak into the water table. Remember, all municipal landfills will leak. More time is needed to allow further study. We need alternative locations away from homes and two of our most valuable resources -people and water. And do not forget about the negative impact to animals and plant life. We ask that you do everything in your power to prevent the annexation of this land. We need more time to study this. Do not allow Marana to fast track this annexation when so many lives and valuable resources are at stake. We do not need a garbage dump in our neighborhood. Elaine Ramirez came forward to address the Commission. We believe that we have some questions that should be addressed before any decision is made. • Is there really a need for this landfill? - If Tangerine's life has been extended 10 years primarily due to volume decreases, which is 70 acres and 30 feet tall, why would a 400+ acre landfill be financially viable? - Where are the details? Shouldn't the decision be made after examining all of the studies that are conducted by objective companies? • AIRPORT QUESTIONS - Too many questions are unanswered and not well supported, why are we rushing this through? - If there is no airport issue, why is an FAA exemption option being considered? - If they file for an exemption, is that responsible planning? - If they file for an exemption, are we risking its. approval or denial? - If they file for an exemption, are we risking safety? - If we risk safety, won't liability jeopardize any economic benefits the landfill may bring? - Why are we risking the better economic development alternatives the airport expansion will provide? - Are we willing to give up future Federal Funding? - Are we giving up ever having the option for scheduled air traffic service? - What is the distance to Pinal Airpark? - Shouldn't crucial answers be provided through objective research? • FLOODPLAIN /WATER QUESTIONS - Why are we risking the entire Tucson area's drinking water? - DKL Holdings will have you believe the floodplain can easily be mitigated based on their research. Why does Pima County disagree? egular CounciLMeeting -July 20, 2010 -Page 178 of 198 ~~ `MINUTES REGULAR MEETING OF THE MARANA PLANNING COMMISSION February 24, 2010 .Marana Municipal Complex - Will the site be designed to meet the 500-year storm, due to Pima County's comments that the landfill poses "serious environmental consequences if the landfill is flooded"? - Will you take the financial responsibility for clean-up when contamination happens? - Will Marana amend development codes to develop the landfill? - Are there issues for CAP proximity? - Can a liner be trusted to protect our most precious resource, the largest increasing water table? IMAGE QUESTIONS - Do we want the Accenture Golf attendees flying in to have a view of a landfill? - Is risking the health, safety, and financial investments of residents worth maximizing corporate and governmental profits? STIGMATIZED PROPRTY VALUES - Why consider research that does not answer "What is the effect of a NEW landfill on existing residential property values located within 2 miles?" TRAFFIC QUESTIONS - .How can Avra Valley accommodate heavy truck traffic when caution signs already exist from Portland Cement? - Will the Avra Valley road and I-10 intersection be upgraded? - Is the bridge over the Santa Cruz adequate to support the increased traffic? We ask that you deny this. Alan Schuchter came forward to address the Commission. This is all about conscience. Most of you folks on the Board, not all of you, but you will be decomposing before anything comes of this proposed garbage dump. That is what we call it in New York where I am from. Color coding it as a landfill, doesn't really work back there. But I do live in Arizona and I moved here for a reason. I have got a heck of a conscience. If you go and dump something in there with all of these people around, it is not going to be a good thing. We live in Dune. I don't know if everybody has ever read Dune or watched the movie, but Arizona is about as close it comes to Dune. We don't have a natural resource of water. Tucson is built on a lake that is no longer a lake. I don't believe in saying never in regards to anything leaching into our water system. Never say never. It will happen someday. You may not be around, but it will happen. Anything made by human kind will break. I don't care how many liners you put in it, it will break someday, probably sooner than later. Just look to your heart. Look deep into your heart. Put this thing somewhere else. egular Council Meeting'-July 20, 2010-Page 179 of 198 43 MINUTES REGULAR MEETING OF THE MAItANA PLANI~TING COMNIISSION February 24,2010 Marana Municipal Complex I give a lot of credit to the burrowing owls that live in that spot right now. They chose it for a reason. They chose it because of their nocturnal activity at night. There is water running through there. There are animals that they feed on at night. You talk about relocating them, they will come back. That is all I have to say. Phyllis Farenga came forward to address the Commission. I need the overhead. I live in the incorporated Town of Marana. I represent Town voters who are opposed to the landfill site on the Brawley Wash, the largest growing aquifer in Arizona within 6 miles of two economically viable airports and a potential 500 Year Floodplain. I am asking you to delay. I oppose this landfill because Marana cannot generate enough trash and must import hazardous waste. Marana's special interest groups are in the process of getting a double liner permit to import toxic waste. The HI zoning will enable incineration, sewer, and industrial complex leaching fields to be constructed in the future. Commission, Town Council Staff, DKL and The Planning Center have grossly neglected to inform the Marana citizens and voters of the long term affects and dangers associated with building an industrial waste complex on the Brawley Wash. Commission, Staff and Council have relied too heavily on studies provided by a self serving lobbyist and a special interest corporation calling itself The Planning Center. In doing so, they have not protected the Marana taxpayers, citizens and voters. What is this about conflict of interest and cronyism you do not get in this process? Let's follow the money. In this case, let's follow the lobbyist. The money trail starts in 1992 when Herb Kai and Michael Racy are affiliated with the "Don't Waste Marana" campaign. Now let's fast forward to the today. Racy, a lobbyist representing or affiliated with Vice Mayor Herb Kai, Pima County, Town of Marana, The Planning Center and the most infamous Saguaro Ranch, now in bankruptcy court with the Town of Marana Council for open meeting law violations, witness tampering, civil rights violations, and false arrest of American citizens, can you see the lack of moral compass and the hints of `Jim Crow' associated with this group for putting a dump and high industry zoning within a neighborhood that cannot defend itself. The pro landfill agenda represents a lack of social consciousness and pursuit of profit and personal gain. Marana's lasting legacy will be unbridled pursuit of profit and a reckless disregard for human and animal life. I ask this Commission not to cave in to the special interests and do the right thing for the Marana people. Delay your vote. Do your homework. Give yourself time. There is a lot of research. Outside research and studies are overwhelmingly against putting an industrial waste complex in Brawley Wash between two economically viable airports. There is a lot to read guys. egular Council Meeting -July 20, 2010= Page 180 of 198 44, MINUTES REGULAR MEETING OF THE MARANA PLANNING COMMISSION February 24, 2010 Maraua Municipal. Complex Kim Smith came forward to address the Commission. The Marana Landfill is about 5 miles from my house. Besides the obvious nuisance of flying garbage smell, toxicity and the lowering of land values, and dug 40 foot deep and then built up to 200 feet high, that is more than two times higher than a cell phone tower creating a massive eye sore. It will be on top of the larges aquifer in area. After how many years of layering, stamping or compacting debris before the aquifer caves in. What guarantees that it won't? When it happens 50 years down the road, then ghost towns Marana and Tucson are born. How can you guarantee the existence of the burrowing owl right next a landfill? With conservation in mind or not, you can't predict what will happen with nature destroyed by something man made such as the landfill. have a common sense theory. Why not, utilizing the current studies that have already been done to the area, build a recreational lake. Put Marana Arizona on the national map as a recreational, educational destination and vacation site. Natural born jobs, creation of small business in the area, such as boat rentals, bait and tackle shops, bed and breakfasts, diners, campsites, etc. Supplementation of water to the aquifer below through the natural process of seepage through the ground and run-off of monsoon season water would get directed to go into the lake. The natural habitat of the burrowing owl would become and education spot for schools and other groups to come and enjoy. This too would also create jobs such as gift shops, eateries, etc. I think the people of Marana would much rather see and help the area flourish than degrade. Herb Kai can go from a zero to a hero with just a little common sense. I know I would like to go to Kai Lake. Pak Chan and wife came forward to address the Commission. My wife and I came out from California today because we just found out that the land that we own is 1 foot from the proposed landfill and we are opposed to it and want to register our opposition. I agree with the statements made by the other persons preceding us. I just want to bring up one other point. It was mentioned that there will be a $20 million bond or insurance policy against future claims. This landfill has a proposed lifespan of 50 to 70 years. I would like ask you at the end of 50 or 70 years how much protection $20 million would give you. Given the rate of inflation by that time it might be worth $200 thousand in today's money. How will the Town of Marana be able to handle the lawsuit that comes from contaminated water? If the operator cannot meet the commitment, then I think the Town of Marana will be sued. I would caution the Town to give due consideration for the proposal and don't act in haste as was pointed out earlier. The proposed life for the landfill is 70 years, so what are 2 or 3 years delay to really carefully consider the project. How would it hurt? Besides, the Tangerine Landfill has been extended to operate another 10 years. With increased recycling of the waste product it will probably last for more than another 10 years. It may be for 20 or 30 years, so there is no hurry. Please take your time. egularcouncil Meeting -July 20, 2010 -Page 181 of 1:98 45 MINUTES REGULAR MEETING OF THE MARANA PLANI~TING COMII~IISSION" February 24, 2010 Marana Municipal..Complex Harvey Spindle came forward to address the Commission. I live right where the wind from the dump blows into my back yard. I want you to know that I am opposed to this dump. However, the wind is not my biggest concern. am sure you have heard the saying about `best laid plans of men and mice'. While I have no doubt that you are good at what you do, otherwise you would not be on the Planning Commission. I hope you will consider that what you do in the event that it should fail, would affect not only you and the rest of us, but also can affect yours and our children and grandchildren for a very long time. We already know that they are going to use liners that are supposed to be leak proof, and yet they have failed in the past. Here are the `best laid plans of men and mice'. We also know the EPA says you cannot build a dump in a floodplain. Also we know money may make some rules negotiable. We also know that you say you can divert the floods by digging Brawley Wash deeper. Here I would like to mention a talented group called the .Army Corps of Engineers known for building locks on the Ohio River controlling some flooding where I used to live. Still my family was run out by flood waters even after the locks were built. They also built and planned the levies around New Orleans to hold back the ocean, the ones that broke a few years back, destroyed the city, contaminated the water and killed thousands. Here again the `best laid plans of men and mice'. Natural water supplies that flood are not controlled by man. They are controlled by God and yet man can poison natural water supplies with ill laid plans. Gentlemen, I truly hope you will consider what you as a Planning Commission are about to do if you approve this. If their plan fails and they poison yours and our water, then may God have mercy on all of our souls. Ernie Felix came forward to address the Commission. I have listened to all the concerns and issues brought up by the opposition. I think Mr. Racy did a very good job of addressing every single one in giving a substantiated answer to each one. Based on what I have heard tonight I think a lot of the issues and concerns are based on emotion and not substantiated on facts. The facts have been addressed on all the concerns. One issue I see will be wildcat dumping if you do not have a landfill in place.. This is going to absolutely result in all the negative concerns by everyone here tonight. I actually applaud DKL on their forward thinking in responding positively to the environmental issues here and being willing to invest economically into the community of Marana and the Northwest Pima County region. Questions coming from. the audience...where does he live? Did you cash your bonus check yet? Chairman Fogel addressed the audience. Could we please have a little bit of decorum? egular Council Meeting -July 20, 2010:- Page 182 of 198 46 MINUTES REGULAR MEETING OF THE. MARANA PLANNING COMMISSION February 24, 2010 Marana Municipal Complex In response to audience, Ernie could you please give us your address. Mr. Felix had already left. David Morales came forward to address the Commission. Before I get going on with what I have prepared, I would just like to make a couple of comments. I hope I don't get timed for this. Chairman Fogel stated you have 3 minutes. David Morales stated the City of Tucson is the oldest city in the United States. This is a known fact. Congress is a dump, St. Mary's is a dump, Speedway is a dump, Grant is a dump, Prince is a dump, and for whatever reason Cortaro got bypassed and Tangerine became the first sanitary landfill of all these dumps. This is a fact. This is my statement. I am not here to waste the Planning Commissions time or my time because time is of essence. I am totally opposed to a dump in the Town of Marana. This political body is not here to annex land for a dump; it is here to annex land for a sanitary landfill. The word dump is a negative term meant to excite people's emotions. I totally agree with the people who do want a dump near them, however, words and their moods are important at this meeting. For the record the Town is going to annex land to build a sanitary landfill and not a dump. The Tangerine Sanitary Landfill is closing its gates in the near future. This makes this issue a "timely" issue. We cannot afford to have wildcat dumping in Marana. There are two issues that have merit. The value of the properties will go down because of a landfill. Has anybody noticed that the Town of Marana has a major specific plan next to the Tangerine landfill and the community of Gladden Farms? Soon the Tangerine will have a crossroad of shopping malls, commercial centers and auto malls all next to a landfill. Why would so many smart developers invest millions of dollars in this area of Tangerine? So I ask you will property values go down or up? The third issue is contamination to land and aquifer. The design, building and running a "sanitary" landfill are regulated by the State of Arizona which has a higher standard than the Federal government. According to ARS 49-741: 49-741. Local public facilities for solid waste management Each county, city or town shall: 1. Provide or otherwise ensure proper arrangements are made for public facilities at such intervals and as conveniently as the governing body deems necessary for the safe and sanitary disposal of solid waste generated within its jurisdiction... So it is a State law that you have to provide a dump or should we say a sanitary landfill. egular Council Meeting -July 20, 2010 -Page 183 of 198 ~,^~ MINUTES REGULAR MEETING OF THE MARANA PLANNING COMMISSION .February 24, 2010 Martina Municipal. Complex Kris James came forward to address the Commission. I am here tonight to oppose the rezoning of the Kai property between Avra Valley and Silverbell. I would like to talk to you on health issues related to living around a solid waste landfill. Hazardous landfills and solid waste landfills are similar in their ability to produce toxic gases. These toxic gases are known to cause ill effects, particularly cancer in humans who are exposed for extended periods. Landfills emit airborne toxins into the local environment. Lung cancer has been higher around 38 landfills in the New York State Health Department Study. Volatile organic compounds, which can cause cancer, were found escaping off-site into the air from 25 of those landfills. There are many researched reports indicating gas and toxins from landfills cause birth defects, lung, bladder, and stomach cancers as-well as other respiratory problems. As the waste in the landfill decomposes, it breaks down into such things as methane, smog causing volatile organic compounds and air toxic pollutants known or suspected of causing cancer and other serious health effects. EPA rules will reduce emissions of VOCs, air toxins and other compounds from existing and new landfills by over 90 thousand tons annually, but only about 4% of the existing landfills nationwide are subject to the 1996 Clean Air Act having to comply with EPA regulations. I do not claim to be a scientist in all of the toxins and regulations of solid waste landfills, but I do know about cancer. My daughter has fought cancer that has been caused by environmental toxins. Her immune system has been compromised and her lungs have been compromised by the treatments that she had to have. with cancer. She is a prime candidate to get cancer again when the air and water becomes polluted with these toxic chemicals from the landfill. Mr. Racy, you cannot pay me $20 million for my child's life. Rebecca Vorholzer came forward to address the Commission. I have lived here all of my life and went to school in the Martina Unified School District. I am in favor of this landfill. Without I think there will be an increase in wildcat dumping which you already see down the washes, which will eventually contaminate our water. I think Mr. Racy on behalf of DKL has provided more than enough information to ensure the safety of the people and the surrounding areas. I applaud DKL for trying to solve a problem which will be a main concern of everybody if we do not have a landfill. Thank you and I hope you pass this. Anna Felix came forward to address the Commission. I was at the February Stn meeting. I came out of that meeting supporting the landfill. Mr. Racy answered all questions and answered everything regarding the environment. I think DKL is going over and above to try to keep this community safe. All I am asking is to please pass this landfill. egular Council Meeting -:July 20, 2010 -Page 184 of 198 ,48 MINUTES REGULAR MEETING OF THE MARANA PLAN1~iING COMMISSION February 24, 2010 Marana Municipal Complex I have another little comment. I ask if my views don't agree with yours.... Everything was said a little while ago when my husband came up. There was no need for that. He is just giving his opinion. Richard Swartz came forward to address the Commission. I live in Silverbell West. Everyone who has spoken previous to me has stolen all my power and my points. l have one last item that was hit upon in a general way and I would like to point it out again. It is a repeat. The State of Vermont years ago had the wisdom to take the tax payers money and purchase land that they thought they could protect the environment with. Not only the environment on the top of the land, but the water tables. We have here a fine example. (Showed map reflecting State land surrounding the site) Right in the middle of what the State's wisdom was to protect the land from misuse and the water shed is something being proposed that is so contradictory to that philosophy, it is hard for me to understand why they went to such effort to pick that place. There must be several others and apparently a few years ago there were studies made in other areas and for one reason given, was transportation of 25 miles, I wish they would go the 25 miles rather than build a landfill of this magnitude in the middle of what the State thought was so priceless and valuable to the people of the State, that they bought it themselves. (Referred to the map again) In the report they mentioned two wells that are affected and they are along the southern edge. There are other wells. (Pointed out the Silverbell West Community) Our water comes from a well which is approximately 1/z mile from the northern tip of the proposed landfill. Even though they say they will never get to that point for 30 years, why bother to run the risk. We have a lot of people, not just our community, but a lot of other people who are depending on that water table for water. In the State's wisdom they protected what they could. The other is agricultural land which is also a very good use of land. Arlan Colton came forward to address the Commission. Siting a landfill is never the easiest thing in the world and this is proving to be that in spades. I want to first say that I am the Planning Director for Pima County. I have never appeared at the Town of Marana before. It is an honor. I also want to say that I have the highest respect for my professional colleagues at the Town and at The Planning Center and for Mr. Racy, who I work with on a regular basis. I have been asked to represent Pima County and present to you tonight, effectively raising some issues for your consideration. Pima County did submit a whole series of comments twice on each draft of the plan. I assume that you have that in your agenda packets. The importance of the specific plan for this project cannot be understated both in terms of its content from a regulatory basis and the zoning conditions you recommended you be placed on the project. I would encourage you to take the time, continue to ask questions and ensure that if you are going to pass this specific plan through to the egular Council Meeting -July 20, 2010 -Page 185 of 198 4(~ .MINUTES. REGULAR MEETING OF THE MARANA PLANNING COMMISSION February 24, 2010 Marana Municipal Complex Town Council, whether tonight or in the future, all your questions are answered and you have the tightest regulatory framework you can for the project. My friend Mr. Racy said this is land use and not the use of the property as a landfill. I would probably submit that you cannot separate the use in this case from the land use. That is why it becomes important. I also need to let you know, and as soon as I am done I will hand these out, because some members of the public came to the Pima County Board of Supervisors and spoke under 'Call to the Audience' last week, I have received some petitions which I have copies of for the Commission, Staff and the applicant. From the County's perspective, I am going to raise 6 points that have been covered in different ways by different people; I am going to do it slightly different. 1) The issue of flooding in the Brawley Wash and where the Brawley Wash links combine. The point that I want to make is that while we know that according to statutes solid waste facilities subject to ADEQ approval cannot be placed on any site if any part of that facility within 1/z mile of a 100 year floodplain with 100 year flows in excess of 25,000 cfs. Regional flood control districts simply cannot determine about the regulatory discharge and has asked FEMA for their opinion on this. We are waiting on that. 2) This is one area that is fortunate to have rising levels of ground water, partly because of agricultural retirement but also because of the replenishment facilities and recovery facilities for ground water recharge. It is important to make sure that as this area rises, which it will continue to do at 4 to 5 feet per year. That needs to be addressed 3) The visual impact. The first time I have seen the visual analysis was tonight. I would suggest to you that it needs to be part of the specific plant document. Understand that Los Reales Landfill at a 1,000 acres and this is at 590 acres. Los Reales has 400 acres of disposal area and this has 430 acres. Los Reales at build out will be 190 feet above surrounding grade. This will be a bit higher at 205 to 233 feet. I think including that in the specific plan would be important 4) The issues of the airport have been addressed, but I would hope you would act once you get the opinions of both Marana's Airport Operator and Pinal egular Council Meeting =July 20,.2010 -Page 186 of 198 50 MINUTES REGULAR MEETING OF THE MARANA PLANNING COMMISSION February 24, 2010 Marana Municipal Complex Airpark's Operator. Pinal does actually rehab airplanes so they are suitable for flying again. So there are operations out of there. 5) Finally address where the waste stream material is coming from and if there is going to be any limitations on where that should be. Put that in the specific plan. We did not see it in there today. We will have a sense of what kind of landfill this is going to be. 6) Traffic issue was not so much the quantity of vehicles that are traveling, but it is the impact on the roadway system. That probably needs to be addressed. That is an issue that will come about with the Traffic Impact Study. It is all important because arguably, while this is a minor amendment to the plan by Marana standards, we all know that this is a major amendment for the area. It is truly a change of land use and so it is technically a minor amendment, but you get one bite at this apple in terms of making your best possible recommendation. You are not necessarily going to deal with the annexation or development agreement, but you will deal with the specific plan. Lots of those questions I think you know and will need to get answers for. Tim Bolton came forward to address the Commission. I am the principal planner for the Arizona State Land Department. So far you have heard a lot tonight. I am not here to reiterate what others have said. I am merely here to request a continuance of this proposal for a period of 45 days in order the department to fully evaluate and assess the potential impacts that this proposal may have on the 2,800 acres that surround the property. That is all have to say. Chairman Fogel closed the hearing to the public. Five minute recess 9:52 Called the meeting to order again at 10:02 Chairman Fogel stated I am going to ask Michael to take as much as 10 minutes to rebut anything. Remarks coming from audience Chairman Fogel asked the audience to please let us have some decorum. Michael Racy came forward to address the Commission. I will try to do it in much less time than that. Many of the issues that were brought up are issues that a lot of time egular Council Meeting -July 20, 201q-Page 187 of 198 51 MINiJTES REGULAR MEETING OF THE MARANA PLANI~IING COMMISSION February 24,.2010 Marana Municipal Complex was spent on them. I am going to talk about a couple of items brought up that were good items. Suggestion that it be designed to a 500 Year Flood instead of a 100 Year Flood, we are doing that. We commit to that. The references to Suzanne Shields letter Pima County Flood Control District; you heard portions of the letter. and not the whole letter. We concur with her letter. No one, not the best hydrologist in the world can stand out on the site and definitively tell i1 you are within'/2 mile of 25,000 cfs, until the studies are done. That is not a study that is done at the zoning level. In fact, we have gone well beyond. what is done at the zoning level of examination. That is a study and a legal requirement for the Arizona Department of Environmental Quality, the EPA, and the Corps of Engineers. We are very confident we can meet that standard and if we can't, we never get a permit and the project doesn't go forward. Planes do fly out of Pinal, that doesn't make it scheduled air service. Planes fly in and out of Marana, it doesn't make it scheduled air service. I have talked with the FAA and with Mr. Burkhart and Bill Dunn. I work with Mr. Burkhart and Mr. Dunn regularly. Their positions on this were misrepresented to you. They have no concerns with this use and the Town has talked with the FAA and the Town Staff. They can speak to that. If the FAA isn't satisfied during the permitting process, they will reject it and we will know that. That is part of the permitting process. The other items that Mr. Colton brought up such as flooding, I mentioned. Rising water gets analyzed in that process as well including the visualization in the specific plan is correct. The height of Los Reales is comparable and the buffers around this one are actually more than the buffers around Los Reales. There are houses, peoples and businesses much closer. It is much more of a Tangerine proximity than it is in this case. All the other issues are and can be conditions. This has been a thorough process and has not been a rushed process. Our competitor would desperately like to slow the process down. They completed zoning last year on their project. In their specific plan it states on page 15 that they expect the facility to be partially or totally owned by Pima County. It is in the Tortolita Fan. It is the same design, it's over the same aquifers, and it presents the same risks. My understanding is that Pima County chose not to go forward with that acquisition. The developer is in financial trouble. They have shopped it to everyone in the industry in Arizona and have no purchasers. They have economic viability problems. They have shopped it out of state to investors in New York. I have had two clients of mine in the Phoenix area approached to invest in it. Maybe they will get an investor. It was predicated on growth in Eloy, La Osa, and egular Council Meeting -July 20, 2010 =Page 188 bf 198 52 MINUTES,... REGULAR MEETING OF THE i MARANA PLANNING COMMISSION February 1A, 2U10 Martina Municipal Complex Casa Grande. It has all slowed down. It is too far out to be a viable solution for northern Pima County. Mr. Bolton of the State Land Department, that is State Trust Land, it is not preservation land. It was given to the State when the State was incorporated. They sell it for development. It has nothing to do with conservation or preservation. It may be used for that and it may be used for anything else. They are a land owner like every other. We will work with the State Land Department. We have a meeting with them on March 4th. I met with Mr. Jim Adams and talked with him quickly at the legislature two days ago. We will continue to work with them, but we couldn't disagree more with the suggestion that there should be a continuance, because that simply continues the emotion and the misinformation. Let's get to the study, science and engineering. Let's get Michael Racy out of it and Ron Asta out of it. Let's get all the emotion out of it and let's get the Department of Environmental Quality, the EPA, County Flood Control, Town Flood Control and the experts that permit this into the process. Thank you very much for the amount of time you spent. Commissioner Schisler stated it was mentioned that the $20 million insurance in 50 or 70 years build out wouldn't be enough. Has that policy been considered to add inflation costs? Michael Racy answered my guess is, we will verify it, that it would have an escalator on it for anything with this kind of life, just as the bond has an escalator on it. Commissioner Schisler asked the issue that Mr. Colton alluded to on the waste stream, is that considered. Michael Racy answered that is something that gets considered. There are federal laws on that as well. This is being designed and permitted for waste from this region and not to be transmitted in from out-of-state waste. It can't be hazardous. It is not to be rail shipped in. It is not economically viable in this area. They do that in Boston and Chicago. The transportation costs kill you in solid waste management. The 50 mile round trip to the Durham Wash Landfill kills it among other factors. This is not the sort of facility where you will be shipping in wastes from distant regions and we can address that. Chairman Fogel stated we at this time restrict comments to the Commission. Is there any further discussion? Commissioner Pound stated I would like to say that this is strictly a recommendation for a change in zoning and that is all. Chairman Fogel clarified it is a recommendation to the Town Council. egular Council Meeting -July 20 2010 -Page 189 of 198 53 MINUTES REGULAR MEETING OF THE MARANA PLANNING COMMISSION February 24, 2010 Marana Municipal Complex Commissioner Pound stated so it will go to the Town Council just change the zoning and not to approve any kind of use or permits or to override any kind of regulations. This is the first step in a long process with several regulatory agencies. The EPA, Air Quality, FAA, and FEMA; you are dealing with a half dozen of federal and state agencies. This is very limited in scope. That is my comment on this. Commissioner Adragna stated I just wanted to make a comment about one of the concerns I have. I have made no apologies or secrets about the fact that when we are dealing with specifically zoning changes and the relation of those proposed changes as they relate to the General Plan, I have always been .very concerned about adjacent uses and transitions from one use to another. Specific plans are obviously a little bit of a different animal because you are basically deviating from the standard zoning and actually coming up with a specific set of regulations relating to whatever is being proposed. Obviously, when we hear these things, we usually get a presentation and get some type of visual reference to show us what a project may. look like, but in reality we are actually dealing with the right to have that use and not an actual development plan. That is done outside of our scope. As that whole conversation relates back to this particular application, I would just bring to your attention that one of the main focuses on the presentation Mr. Racy made was that it has been shown through Glendale, Chandler and many other locations that a landfill tends to act as a catalyst for other more intensive uses than what we have adjacent to this property, which is rural residential. When you take the mindset that you have a particular piece of property that is being zoned for a heavy industrial use, that one, in my mind is not real compatible with how the General Plan deals with that adjacent land around it. Obviously, it gets convoluted because we have got an annexation involved in it too. But, if that in fact is the case and the way it was presented, it appears that it is and a landfill is a catalyst for other types of industrial type uses, it seems like it is a tall order to make an adjacency between a heavy industrial use and then a large stretch of rural residential before we get all the way down Avra Valley Road to the airport where the other big concentration of the industrial uses are. That is why I asked about infrastructure and the plans for the road, electricity and water. It seems to me that until you have some basic area that has been earmarked either through the General Plan process or with specific plans overtime or whatever, it makes sense to cluster those together until they become large enough that they can start spreading along a transit corridor like Avra Valley Road or Tangerine or whatever the case may be. I am not making a statement about whether this is the perfect place for it. I think you could make an argument either way, but I would point out that the way the General Plan sets, maybe this is one of those things that would be the beginning of actually creating an industrial core to tie the airport and this together and start working from both directions to come in. (.don't know; we are not there yet. I would just think about that. egular Council Meeting -July 20, 2010 -Page 190 of 198 ~~, MINUTES REGULAR MEETING OF THE MARANA PLANNING COMMISSION February 24, 2010 Marana Municipal. Complex Motion to approve Case No. PCZ-09057 Marana Regional Landfill Specific Plan subject to the recommended conditions by Staff Moved by Commissioner Billy Schisler, Seconded by Commissioner Gary Pound Roll Call Vote: 3-2 Motion passed (Commissioners Jeffrey Adragna and Michael Wiles voted nay) (Vice Chair Marcia Jakab and Commissioner Tina Le Page-Wood, excused) Kevin Kish recommended another 5 minute break to allow people to leave so we are not disrupted. Chairman Fogel stated to the audience if you folks are interested in leaving, now is the time to do it. Five Minute Recess 10:15 Called the meeting to order again at 10:20 C. .Commission Action None D. Informational Items 1. Budget Update Presentation by Gilbert Davidson Thank you very much for allowing me and our Staff to present and talk about a very important topic that we have been dealing with for the last couple of months and will continue to up until the Town Council approves the tentative and final budget. I want to take just a few minutes, I know it has been a long evening for you, to make sure that you are fully briefed and aware of the challenge that the Town of Marana faces as it relates to our budget. Tonight I am going to highlight how we are dealing with it, the framework of our budget and how it works. I will do that in a remarkably quick way. Then I will go over the steps moving forward. The Town of Marana this past year and the Town Council created what is called the Marana Strategic Plan. We have five focus areas that were approved, Commerce, Community Building, Heritage, Progress Innovation, and Recreation. That is the guiding document that basically designates where we are making investments for our community and the types of things that we would like to see done within and throughout the Marana community. egular Council Meeting=July 20,.2010.-Page 199' of 198 55 MINUTES REGULAR MEETING OF THE MARANA PLANNING COMMISSION February 24, 2010 Marana Municipal Complex Obviously, with the fiscal crisis that we face, we are not able to fund. all of those things at the level that we hope and expect. To help frame some of our decisions moving forward with the budget we have put together and again the Council has set out three parameters by which to make decisions. First, we want to make sure we have a safe community. I don't think there is anyone that would argue that we wouldn't want a safe community, maybe a criminal may not want it. I think most of our citizens and our businesses want to ensure a safe community. By safety, it is not just our men and women in uniform, police officers that are protecting us. While that is a very important part and is the public face of it, there is a group of individuals within the Town that do a lot of work behind the scenes and that would be our Public Works, Public Services, and Operations and .Maintenance crew. Every time that there is graffiti on wall and every time there is damage done by an individual, that could enable others to start making there mark and damaging things throughout the community. It is much like a cancer or disease that can spread to other areas of the community. It is very important that those operations crews respond quickly to blight and other things that take place so it begins to stop some of that. The second area is making sure we have a clean community which is part of our safety element. The Town of .Marana works very hard to clean roadways. We are the only jurisdiction within Pima County that spends money and staff time cleaning along I- 10. That is important to us. As people drive into our community and have first impressions, we want to make sure it looks like we have taken pride and that we are maintaining things. It is very important for our future. The final thing is having a healthy community. The Town of Marana has invested tremendously over the past number of years in the creation of different programs. Parks and Recreation programs and any number of citizen outreach and community wide events. We want to make sure that we maintain some element of that for the future. Quickly, to highlight how the budget works, we have obvious revenues. The top three revenues for the Town of Marana are sales tax, state shared revenues (combination of sales, income and other specialty taxes collected on behalf of the state and then remitted back to the cities and towns) and then final category which is the largest segment of our budget is licenses and permits. There is a host of other ones that add into the mix. With revenue you then have the expense side. We have it broken out by major categories. General Government will tend to be the regulatory things we have to do as a community, whether it is financial obligations and accounting commitments that we egular Council Meeting -July 20, 2010 -Page 192 of 198 Jr6 MINUTES REGULAR MEETING OF THE MARANA PLANNING COMMISSION February 24, 2010 Marana Municipal Complex have to make. The Planning and Zoning Commission is a good example. That is a regulatory advisory body to the Mayor and Council and we have to have a function for that. You also have public safety, highway/streets, economic development and the other remaining part of the list. If you look at the numbers at the bottom, our revenue is estimated for this next fiscal year to be at about $27 million. The expense is a little bit higher. That is our first and foremost part of the deficit that we have to deal with. Add in one more piece of this puzzle that we have to solve as we move forward with the creation of the Fiscal Year 2011 Budget. In the Town of Marana and this is for any jurisdiction, when you have surpluses or more revenue coming in than what the expense is, buying replacement vehicles, new computers like what we have used here tonight, equipment like the stand or seats, when you have extra revenue you can easily accommodate for those expenses. When we have the downturn that we are facing, these items don't just go away, it is not as if we don't get to replace vehicles or if something breaks we don't fix it, we still have that obligation, but it has not been factored into the overall budget structure. That is why we have a structural imbalance that adds another $1.1 million that we have to factor into this budget. In terms of the overall expense, we are looking at almost $31 million dollars above what is estimated at the $27 million to come in. There is also one-time revenue that Town of Marana deals with. We have to also be very cautious in how we utilize that. There is contracting sales tax that is collected. If anew business moves into Marana and build a new building, that money is just one- time. They are going to build the building once and we collect the money. We have to be very careful that we are not hiring staff and not creating ongoing obligations that wouldn't be matched by that particular revenue sources. Licenses and permits through our development services and other areas again it is one time it is collected and is not something we experience each year. Those one time expenses need to be tied to things such as our capita outlay. When we build things like this building, we have a debt obligation that we pay for. It is one time that we construct this facility and need to make sure we match it with the appropriate revenue source. That is basically how the structure of our local government is organized. Taking that we have a deficit that we are facing for next year like most every other city, town and state government across this nation, the Town of Marana has been very aggressive in trying to deal with this up to this point. For the last fiscal year we have reduced our General Fund budget by over $7 million. We have done that through being very aggressive. We have been looking line by line at everything we could possibly cut out of the budget. Our departments have been very creative in making sure that we maintain the services, but yet reducing the expense. We have also held or eliminated 39 positions in the past two years. This does begin to have an impact on egular Council Meeting -July 20, 2010 -Page 193 bf 198 57 MINUTES REGULAR MEETING OF THE MARANA PLANNING. COMMISSION February 24, 2010 Marana Municipal Complex our staff's ability to provide the level of services that we have to the community. If you think about it, when you eliminate a position many times that function has to get spread out among other staff members. We are not paying people more or rewarding them anymore, but we are giving them more work. That is something we have to be very cautious with. Something I am very proud about is that our Town employees and Council came together and voluntarily contributed over $500 thousand back to the General Fund. That is unheard of in local government where employees come together and give money back to the general fund. I am very proud of that and as I have gone out and talked to citizens they have been very impressed that the Town employees have rallied and tried to help in anyway that they possibly can to save employees, services and programs that we provide. Through all that we have minimized the impact I believe to the services. I have not received many notifications whether in a meeting or through email or phone call where citizens have seen a major difference in how we have been operating. So whether it is road maintenance, services, parks and recreation programs, there has been very little impact in terms of what we have provided and how we have tried to manage that. The General Fund Revenues by type are sales tax and state share revenues which make up 91 % of the Town's budget. Correlating that to the expense, it goes to parks and recreation program, public services, public works, operations and maintenance and our police department. Expenditures by department gives you a broad view where we have allocated resources. The police department has been our major emphasis and rightfully so. Almost 28% of our budget is being allocated to public safety efforts. When you get into some or our smaller departmental units, many of them will have very specific tasks such as the clerk's office, which is a statutory position for the Town of Marana. We have to be very careful. We can only cut so much without compromising their ability to do their job. This is a daunting challenge. If you think back to the original slide where I showed the deficit, doing just across the board cut is not going to cut it. We would severely impact some of these smaller departments which have nothing more to take out. We are going to have to be very careful, thoughtful, and creative in how we approach the $3 million to $4 million deficit that we are facing. Like any organization government, non-profit or private sector, usually your greatest investment is your human asset. That is the same for the Town of Marana. We have hired very talented staff to do job and perform things for our community. Contracted egular Council Meeting -July 20, 2010 -Page 194 of 198 5g MINUTES REGULAR MEETING OF THE MARANA PLANNING COMMISSION February 24, 2010 Marana Municipal Complex services are when we may not have the in-house capability and contracted out certain things. That is one area we are looking at is how we can maybe bring that in-house or rebid it to save additional funds. This brings us back to how we move forward and frame the decisions that we are going to have to make and they will be very tough decisions. Earlier this evening we had an open house at Twin Peaks Elementary School. It was very well attended. We heard over and over the value of our programs and what it means to people. The Mayor and Council that were present were very open and honest about the decisions we are going to have to make in that every employee and every one of our programs and services is going to feel some affect of this budget crisis. We are going to do it in away that I hope will be very responsible to the needs of our community. We are not just thinking about today and reacting in a quick not well thought out way, we are thinking how we do this so it positions Marana for a very bright future so that we have a quicker recovery than other communities that may not be taking the same approach. The next step in our budget process is March 9th. The Council will be having a budget study session. I will be presenting them a larger framework of how we are going to move through the budget and some of the key areas that we are going to be focusing on. I won't be getting into any specific positions that will be eliminated, but we will be talking about how we are going to move forward with it and have Council direction on that. After that, through the rest of March, April and May, staff at various times with Council and community input will be developing the actual budget document. The tentative budge will be in early June and then the final budget in late June. The tentative budget, for education purposes is the setting of the cap that is created. Once the Council approves the tentative budget they can't increase it or add any more to it, but they could decrease it. Then the final budget is what we work off of for the fiscal year. We have provided and will continue to make sure we have as much outreach to citizens as possible. I appreciated the opportunity to talk after such a long evening, but if you do have ideas, if you hear from other residents and citizens of our community, if they have ideas, they can email us at budaetCa~marana.com. We have been taking in a number of different good suggestions that we are following upon. We have a web site that has budget information. If they want to know more about Marana they can certainly look through our website. I am always available if you would like to talk individually and set up an appointment. We can get into more of the mechanics of the budget. I do appreciate the service that you provide to our community. Commissioner Wiles asked about the Marana Senior Center. egular Council Meeting -July 20; 2010 -Page 195 of 198 59 MINUTES REGULAR MEETING OF THE MARANA PLANNING COMMISSION February 24, 2010 Marana Municipal Complex:. Gilbert Davidson responded I have heard a lot about the. Marana Senior Center tonight. It is a valuable program. It will continue to be a valued program for our community now and well into the future. The program is not going to be eliminated. We are going to be creative in how we operate it. We are going to be looking at leases. We are going to be looking at costs. We are going to be hopefully trying to engage the community with volunteers. We are going to be doing a whole bunch of different things. Programs like that mean something to people and they perform a very valuable service for individuals. We want to make sure that we continue to provide some level of that. Chairman Fogel stated the state and federal government are looking to sell some assets. Maybe even the City of Tucson. Have we examined any of that possibility? We looked at a project tonight where the land is owned by the city. Could that land have been sold to a developer? Gilbert Davidson answered different jurisdictions have different capabilities and opportunities. The City of Tucson in reference certainly does have large land holdings throughout the region. We unfortunately don't have large land holdings. We have very limited land holdings that are specifically tied to such as this. building and some of our park facilities. So we wouldn't be in the same position to necessarily sell or lease back any of those things. I am confident we will be able to do our budget in a different way that wouldn't involve selling off what the community has purchased. I think that is something certainly in the future as you acquire additional land and it is just sitting, that you could leverage that. One thing we will be doing is any surplus equipment such as vehicles or old equipment that we have, we will be looking to auction things off through the appropriate venues that the state allows. We are exploring those things. Thank you very much and if you do have questions and want to know more I am always available. E. Planning Activity Reports 1. Monthly Project Report February 2010 2. Subdivision Lot Report .February 2010 IX. FUTURE AGENDA ITEMS None X. ADJOURNMENT Motion to Adjourn, Moved by Commissioner Billy Schisler, Seconded by egular Council Meeting -July 20; 2010 -Page 196 of.198 6Q -MINUTES REGULAR MEETING OF THE MARANA PLANNING COMMISSION February 24, 2010 Marana Municipal Complex Commissioner Gary Pound -Motion passed unanimously. (Vice Chair Marcia Jakab and Commissioner Tina Le Page-Wood, excused) The meeting was adjourned at 10:38 P.M CERTIFICATION l hereby certify that the foregoing minutes are the true and correct minutes of the Marana Planning Commission Regular Meeting held on February 24, 2010 and further certify that a quorum was present. Sandra L. Morrison Planning Commission Secretary Meeting Length 4 hrs 3 mins egular Council Meeting=July 20, 2010 -Page 197 of 198 61 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, July 20, 2010, 7:00:00 PM To: Mayor and Council Item D 1 From: Steve Huffman ,Intergovernmental Affairs Administrator Strategic Plan Focus Area: Not Applicable Subject: Legislative/Intergovernmental Report: Discussion/Direction/Action regarding all pending state and federal legislation and report on recent meetings of other legislative bodies Discussion: This item is scheduled for each regular council meeting in order to provide an opportunity for discussion of any legislative or regional intergovernmental item that might arise. Periodically, an oral report may be given to supplement the Legislative Bulletins. ATTACHMENTS: Name: Description: Type: Na Attachments Available Staff Recommendation: Upon the request of Council, staff will be pleased to provide recommendations on specific legislative/intergovernmental issues. Suggested Motion: Mayor and Council's pleasure. Regular Council Meeting -July 20, 2010 -Page 198 of 198 ~~ MARANA STATEMENT OF AGENDA CONFLICT I, _ e/~~ ~~~ , declare a conflict on Agenda Item -- 7 ,entitled: For the following reason(s): ~~~G~ ~~ Signature d 4 Date STATEMENT OF SUPPORT FOR THE GUARD AND RESERVE ~~~~~ Town of Marana We reco nize the National Guard and Reserve are essential to the stren th g g of our nation and the well-being of our communities. In the hi hest American tradition the atriotic men and women of the Guard g ~ p and Reserve serve voluntarily in an honorable and vital profession. They train to respond to their community and their country in time of need. They deserve the support of every segment of our society. If these volunteer forces are to continue to serve our nation increased ublic p understanding is required of the essential role of the Guard and Reserve in preserving our national security. Therefore we 'oin other em to ers in led in that: J p Y A g g • We fully recognize, honor and enforce the Uniformed Services Employment and Reemployment Rights Act (USERRA). • Our managers and supervisors will have the tools they need to effectively manage those employees who serve in the Guard and Reserve. • VVe will continually recognize and support our country's service members ands their families in peace, in crisis, and in war. ® ~ ~~ ;mployer Chairma Secretary of De e National Committee for Employer ~_~ `/D Support of the Guard and Reserve Date 0 EMPLOYER SUPPORT OF THE GUARD AND RESERVE