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Home My WebLink About08/17/2010 Council Agenda Packet~~~~i REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, August 17, 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. Meeting Times Welcome to this Marana Council meeting. Regular Council meetings are usually held the first and third Tuesday of each month at 7:00 p.m. at the Marana Town Hall, although the date or time may change, or Special Meetings may be called at other times and/or places. Contact Town Hall or watch for posted agendas for other meetings. This agenda may be revised up to 24 hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda. Speaking. at_ Meetings If you are interested in speaking to the Council during Call to the Public, Public Hearings, or other agenda items, you must fill out a speaker card (located in the lobby outside the Council Chambers) and deliver it to the Town Clerk prior to the convening of the meeting. All persons attending the Council meeting, whether speaking to the Council or not, are expected to observe the Council Rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. Accessibility To better serve the citizens of Marana and others attending our meetings, the Council Chambers are wheelchair and handicapped accessible. Any person who, by reason of any disability, is in need of special services as a result of their disability, such as assistive listening devices, agenda materials printed in Braille or large print, a signer for the hearing impaired, etc., will be accommodated. Such Regular Council Meeting -August 17, 2010 -Page 1 of 148 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, August 16, 2010, 7:00 PM, at the Marana Municipal Complex, the Marana Operations Center and at www.marana.com 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 amplication 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. Regular Council Meeting -August 17, 2010 -Page 2 of 148 C 1: Ordinance No. 2010.14: Relating to Municipal Court; amending town code section 5-2-1 to establish a two year town magistrate term from the date of appointment rather than on the fiscal year calendar, and declaring an emergency (Frank Cassidy) C 2: Resolution No. 2010-77: Relating to Municipal Court; reappointing Charles Davies as Marana Town Magistrate for atwo-year term beginning September 1, 2010; approving and authorizing the Mayor to execute an employment agreement between the Town of Marana and Charles Davies (Deb Thalasitis) C 3: Resolution No. 2010-78: Relating to Development; approving an amended final plat for Tangerine Crossing Block 3 Lots 1-49 and Common Areas "A", "B", & "C-1" thru "C-7" (Lisa Shafer) C 4: _Resolution No. 2010-79:_Relating to Community Development; authorizing the Mayor to sign a Partnership Agreement for participation in the Sun Corridor Consortium Sustainable Communities Planning Grant Program (T VanHook) C 5: Minutes of the August 3, 2010 regular council meeting, July 27 and August 10, 2010 study session, and August 10, 2010 excutive session LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES B 1: Resolution No. GFCFD 2010-03: [Marana Town Council acting as the Board of Directors of the Gladden Farms Community Facilities District]: Consideration and possible adoption of a resolution supplementing the resolution authorizing the sale and issuance of not to exceed $1,750,000 aggregate principal amount of general obligation bonds of the district adopted on September 3, 2008 (Erik Montague) COUNCIL ACTION A 1: PUBLIC HEARING: Ordinance No. 2010.11: Relating to Development; approving a rezoning creating the Marana Regional Landfill Specific Plan (Kevin Kish) A 2: Resolution No. 2010-80: Relating to Development; approving and authorizing the Mayor to execute the First Amendment to Marana Spectrum Development Agreement (Frank Cassidy) ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Legislative/Inte~overnmental Report: Discussion/Direction/Action regarding all pending state and federal legislation and report on recent meetings of other legislative bodies 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. Regular Council Meeting -August 17, 2010 -Page 3 of 148 E 2: Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), discussion or consultation for legal advice with the Town's attorneys and discussion and to consider its position and instruct the Town Manager and staff concerning (1) the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008-001131, (2) pending legal issues, settlement discussions and contract negotiations relating to the transition of Marana wastewater collection and treatment to the Town of Marana E 3: Executive session pursuant to A.R.S. § 38-431.03(A)(3) and (4) for legal advice from the Town's attorneys concerning legal issues related to the proposed landfill rezoning and landfill development agreement and to consider the Town's position and instruct its representatives regarding the proposed terms of the landfill development agreement 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 -August 17, 2010 -Page 4 of 148 ~t-~~~~ ~~~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, August 17, 2010, 7:00:00 PM To: Mayor and Council From: Frank Cassidy ,Town Attorney Strategic Plan Focus Area: Not Applicable Item C 1 Subject: Ordinance No. 2010.14: Relating to Municipal Court; amending town code section 5-2-1 to establish a two year town magistrate term from the date of appointment rather than on the fiscal year calendar, and declaring an emergency Discussion: Town code section 5-2-1 provides that the town magistrate "shall be appointed by the town council to a two year term beginning July 1 of each even numbered year and automatically expiring on June 30 of the next-following even numbered year." If enforced literally, this language would require a town magistrate who is appointed at any time other than July 1 of an even numbered year to have an initial appointment of less than two years. To maintain the independence of the judicial branch, Arizona case law requires municipal magistrates to be appointed to terms of not less than two years. To accommodate this requirement, this proposed ordinance will simply delete the words "beginning July 1 of each even numbered year and automatically expiring on June 30 of the next-following even numbered year." By doing so, the revised town code will now provide for the town council simply to appoint the town magistrate to a two-year term beginning whenever the appointment occurs. An emergency clause has been included with the ordinance to accommodate the appointment of Judge Davies, which is on tonight's agenda. ATTACHMENTS: Name: Description: Type: O TC 5-2- ___________ 1_magstrate_term_reviso.n_ Ord re TC 5-2-1 magistrate appointment term Ordinance (00022493).DOC Staff Recommendation: Staff recommends adoption of Ordinance No. 2010.14, revising the town code to provide for the appointment of the town magistrate for a two year term beginning on the date of appointment. Suggested Motion: I move to adopt Ordinance No. 2010.14, revising the town code to provide for the appointment of the town magistrate for a two year term beginning on the date of appointment. Regular Council Meeting -August 17, 2010 -Page 5 of 148 MARANA ORDINANCE N0.2010.14 RELATING TO MUNICIPAL COURT; AMENDING TOWN CODE SECTION 5-2-1 TO ESTABLISH A TWO YEAR TOWN MAGISTRATE TERM FROM THE DATE OF APPOINTMENT RATHER THAN ON THE FISCAL YEAR CALENDAR, AND DECLARING AN EMERGENCY WHEREAS Marana Town Code Section 5-2-1 provides for the appointment of the Town Magistrate for a two year term beginning on July 1 of even numbered years; and WHEREAS the Town believes that Town Magistrate appointments should be for a two year term from the date of the appointment, in order to maintain the independence of the judiciary; and WHEREAS the Town Council finds that revision of Section 5-2-1 ofthe Marana Town Code is in the best interests of the Town and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA AS FOLLOWS: SECTION 1. Marana Town Code Section 5-2-1 is hereby revised by deleting the words "be- ginning July 1 of each even numbered year and automatically expiring on June 30 of the next- following even numbered year." SECTION 2. 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 17th day of August, 2010. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -August 17, 2010 -Page 6 of 148 {00022493.DOC /} ~~ ~rr4r~ '~ ~~ ,=r=.;,r ~~~<~~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, August 17, 2010, 7:00:00 PM To: Mayor and Council From: Deb Thalasitis ,Assistant Town Manager Strategic Plan Focus Area: Not Applicable Item C 2 Subject: Resolution No. 2010-77: Relating to Municipal Court; reappointing Charles Davies as Marana Town Magistrate for atwo-year term beginning September 1, 2010; approving and authorizing the Mayor to execute an employment agreement between the Town of Marana and Charles Davies Discussion: Mr. Davies was selected for the position of Town Magistrate following a competitive recruitment and selection process in 2008. Mr. Davies has been serving as Town Magistrate since September 2008. Under his direction, the court has handled a significant increase in caseload over the past two years with no additional staffing. Mr. Davies is to be commended for the smooth operations of the Marana Municipal Court. Mr. Davies and Town Manager Gilbert Davidson have discussed the renewal of Mr. Davies employment agreement and both parties have agreed that the document shall remain essentially the same as the current agreement. In light of current economic conditions, Mr. Davies has volunteered to forgo a salary increase and. that provision has been eliminated from this agreement. In lieu of the increase, an additional 16 days of personal leave is granted to Mr. Davies each year. The personal leave has to be used by the end each calendar year for the two- year period of this contract. Financial Impact: Mr. Davies salary remains at FY 2010 levels which is consistent with the FY 2011 budget. ATTACHMENTS: Name: Description: ~ Reso_Davies_Reappointment 20.1._0_ (2~.DOC Reso Appointing Judge Davies ~ Final_2010_Magistrate Agreement.pdf Town Magistrate Agreement Staff Recommendation: Type: Resolution Exhibit Staff recommends approval of the resolution authorizing a new two-year agreement with Charles Davies as Town Magistrate. The agreement is effective on September 1, 2010 and expires on Regular Council Meeting -August 17, 2010 -Page 7 of 148 August 31, 2012. Suggested Motion: I move to adopt Resolution No. 2010-77, reappointing Charles Davies as Marana Town Magistrate for atwo-year term beginning September 1, 2010; approving and authorizing the Mayor to execute an employment agreement between the Town of Marana and Charles Davies. Regular Council Meeting -August 17, 2010 -Page 8 of 148 MARANA RESOLUTION N0.2010-77 RELATING TO MUNICIPAL COURT; REAPPOINTING CHARLES DAMES AS MARANA TOWN MAGISTRATE FOR ATWO-YEAR TERM BEGINNING SEPTEMBER 1, 2010; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN EMPLOYMENT AGREEMENT BETWEEN THE TOWN OF MARANA AND CHARLES DAMES and WHEREAS the position of Marana Town Magistrate is currently held by Charles Davies; WHEREAS Charles Davies is a member in good standing of the State Bar of Arizona with extensive civil and criminal courtroom experience, and WHEREAS Marana Town Code Section 5-2-1 provides that the Town Magistrate shall be appointed by the Town Council to a two year term; and WHEREAS, the Town Council desires to reappoint Charles Davies as Marana Town Magistrate. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Mayor is hereby authorized to execute the employment agreement attached as Exhibit A, and Charles Davies is hereby reappointed as Marana Town Magistrate for atwo-year term beginning on September 1, 2010. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 17th day of August, 2010. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -August 17, 2010 -Page 9 of 148 TOWN MAGISTRATE EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT ("this Agreement") is made by and between the TOWN of MARANA, an Arizona municipal corporation (the "Town"), and Charles. Davies (the "Judge") for magistrate services. The Town and the Judge are collectively referred to in this Agreement as the "Parties" and are sometimes individually referred to as the "Party." .RECITALS A. The Town has established the Marana. Municipal Court pursuant to A.R.S. § 22-402, and has established the position of Marana Town Magistrate pursuant to A.R.S. § 22-403. B. The Judge is a member in good standing of the State Bar of Arizona with extensive Arizona civil and criminal courtroom experience. C. The Judge is currently the Marana Town Magistrate, and the. Parties desire for the Judge to continue as Marana Town Magistrate pursuant to this 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: Article 1. Magistrate Appointment and Compensation 1.1. Appointment. The Town hereby appoints and employs the Judge as Marana Town Magistrate for the two year term beginning September 1, 2010 and ending August 31, 2012. 1.2. Compensation. The Judge shall be paid a base salary of $102,499.92 per year for the period of this Agreement, modified by any increases noted herein. 1.3. Cost of Living Adjustments. The Judge shall not be entitled to receive cost of living adjustments during the term of this Agreement. 1.4. Continuing Leaal Education. The Town shall pay registration fees, mileage expenses and standard reasonable lodging and meal reimbursements for the Judge to attend the annual Arizona Judicial Conference, and other seminars within the State of Arizona that are required to satisfy the Judge's continuing legal education requirements. 1.5. Status. For. purposes of determining employee benefits, the Judge shall be an employee of the Town, and not an independent contractor, and shall receive all of the normal employee benefits accruing to other Town employees. The Judge shall be granted 56 hours of additional personal leave annually on January 1 of each year. The 56 hours of personal leave shall not accrue and will be forfeited if not used within each calendar year. The Judge shall accrue annual. vacation at the rate of 4.62 hours per pay period. The vacation accrual balance shall not exceed 240 hours. 1.6. Judicial Independence. Notwithstanding the Judge's status as a Town employee for purposes of determining benefits, the authority, if any, of the Town over the Judge shall be limited given the obligation to maintain the independence and integrity of the judiciary. Nevertheless, the Parties agree that the Judge shall comply with all applicable State and Federal laws and with the Town's personnel policies. Re;~ ~~~~ c^~ incil ~Aaeting - /august 17 2A~ n _ a~gp~p-0a ~du PAGE 1 OF 3 1.7. Administrative Modifications. The parties recognize that changes in Magistrate Court personnel and fluctuations in Magistrate Court usage may require modification of the administrative duties of the Marana Town Magistrate and other Magistrate Court employees. The parties agree to cooperate and coordinate in making adjustments to the duties of the Marana Magistrate and other Magistrate Court employees, as necessary, to adjust to these changes. Article 2. Full Time Employment 2.1. Work Week. The Parties acknowledge and agree that the position of Marana Town Magistrate is a full time, forty-hour a week job, considering the Marana Town Magistrate's duties at the Magistrate Court and responsibility to attend other meetings and functions of the Court and the Town. Consequently, the Judge shall typically work normal work hours (Monday through Friday, 8 A.M. to 5 P.M.), vacation and sick days and holidays excepted. Article 3. Community Service 3.1. The Judge shall be available for and participate in such community outreach and community service activities as the Judge determines are consistent with and do not create a conflict of interest or any appearance of impropriety with his position as Town Magistrate. Any hours spent participating in community service activities shall be included for purposes of work load tracking under Article 2. Article 4. Termination 4.1. By the Judge. The Judge may terminate this Agreement at any time. 4.2. By the Town. The Town may terminate this Agreement in any manner consistent with the laws of the State of Arizona, including without limitation termination for cause after a due process hearing or upon removal of the Judge from the office of Marana Town Magistrate by the Arizona Supreme Court pursuant to Article 6.1, Section 2 or Section 3 of the Arizona Constitution. 4.3. By Death. This Agreement automatically terminates upon the Judge's death. 4.4. By Term. This Agreement terminates on August 31, 2012, if not previously terminated pursuant to other provisions of this Article. 4.5. Effect of Termination. The Judge's status as a Town employee, and his rights to receive compensation and benefits, shall terminate upon the termination of this Agreement. The amount of the Judge's compensation shall be pro-rated based on the termination date. Article 5. General Terms and Conditions. 5.1. Effective Date. This Agreement shall become effective upon its execution by all the Parties and the effective date of the resolution or action of the Town Council approving -this Agreement {the "Effective Date"). 5.2. 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 such counterparts and such signature pages all attached to a single instrument so that the signatures of all Parties may be physically attached to a single document. 5.3. Severability. If any provision of this Agreement is declared void or unenforceable, it shall be severed from the remainder of this Agreement, which shall otherwise remain in full force and effect. Reg' ~'"' r,,. ,.~i nneor~ng - Aaagust-17, 20! 0 -Page 11 cf 1.A8 PAGE 2 OF 3 5.4. Governing Law. This Agreement is entered into in Arizona and shall be construed and interpreted under the laws of Arizona, and the Parties agree that any litigation or arbitration shall take place in Pima County, Arizona. 5.5. Interpretation. This Agreement has been negotiated by the Town and the Judge, and no parry shall be deemed to have drafted this Agreement for purposes of construing any portion of this Agreement for or against any party. 5.6. 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. IN wiTNESS WHEREOF, the Parties have executed this Agreement as of the last date set forth below their respective signatures. "THE Town": "THE JUDGE": THE TOWN OF MARANA, an Arizona municipal corporation By: Ed Honea, Mayor Date: ~_ G4~e~! 1`' ~Q~ IInsertNamel ~e~v~es ~I. ~~VIE~' Date: ~ ~ ~~ ATTEST: Jocelyn C. Bronson, Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney _ A~~n~~c417 !1 Dons 1 BAR Regalar edrasil Mesi:iag ..~Q~~2~-1~--.~eT~-ef -- PAGE 3 OF 3 ~~~~ ~~~~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, August 17, 2010, 7:00:00 PM To: Mayor and Council Item C 3 From: Lisa Shafer ,Interim Planning Director Strategic Plan Focus Area: Community Building Subject: Resolution No. 2010-78: Relating to Development; approving an amended final plat for Tangerine Crossing Block 3 Lots 1-49 and Common Areas "A", "B", & "C-1" thru "C-7" Discussion: Request The applicant requests approval of an amended final plat fora 49-lot single family detached home subdivision on approximately 25.9 acres within the Tangerine Crossing development. History This subdivision is within the Forest City Specific Plan. On February 7, 2006, the Town Council approved the final plat for Tangerine Crossing Lots 1-347, Blocks 1-5 and Common . Areas "A", "B-1"-"B-2", "C-1"-"C-10" and "D-1"-"D-32 by Resolution No. 2006-26. On October 7, 2008, the Town Council approved the final plat for Block 3 with 361ots by Resolution No. 2008-124. Due to the economic conditions, the developer, Forest City Southwest, is proposing to adjust the configuration of the lots in order to add an additional 131ots (for a total of 491ots) to the subdivision in order to make it more marketable for development. Location The proposed subdivision is located on the east side of Thornydale Road, approximately 1/3 mile north of Tangerine Roads. Zoning and Lot__Size The zoning of the area is "F" (Specific Plan -Forest City). The Development Agreement (Dkt. 12340 and Pg. 3077) stipulates that no residential lot on the property shall be less than 6,000 square feet. The minimum lot size is now 6,008 square feet (Lot 36) and the maximum lot size is 10,965 square feet (Lot 22) with an average lot size of 7,114 square feet. Total site disturbance for the Tangerine Crossing project area cannot exceed 50% or 150.5 acres. Block 3 still proposes an area of 13.2 acres, disturbing 4°10 of the original 150.5 acres and providing 12.8 acres as natural undisturbed open space. This project is the final developable area and will use up the entire remaining disturbance balance for the Tangerine Crossing project. Transportation Regular Council Meeting -August 17, 2010 -Page 13 of 148 Due to maximum disturbance requirements and adjacent jurisdictional washes, the applicant is still proposing a street length of approximately 1100 feet, ending in a standard cul de sac. A mid- block hammerhead turn around is proposed at 740 feet from the street intersection to mitigate the increased cul de sac length. The primary access for the proposed subdivision is a gated entrance off of Thornydale Road. The entrance off Thornydale Road is 64 feet wide, the private roads are 46 foot wide with five foot sidewalks. A secondary emergency access will be located at the southern end of the cul de sac although it will only the seven lots south of the main entry. The 421ots to the north will not be served by this secondary emergency access. Fire sprinkler systems will be required in each home. The applicant made a request for an amended design exception (ENG0803-004) from the Subdivision Street Standards relating to the maximum cul de sac length and alternative access, and was heard at the Planning Commission meeting of June 30, 2010. The design exception was unanimously approved by a vote of 6-0. Parks and Recreation The developer will not be required to provide any improved on-site recreation areas because this subdivision is less than 50 residential units per the Marana Land Development Code, Section 06.03.02.I.1. However the developer will provide on site and off site eight foot wide decomposed granite trails along the basin and drainage channel section rims and along Thornydale Road to continue the East Pima County Trail System Master Plan Trail #175 northward. >(~act Fee The developer is required to pay all applicable park and regional transportation impact fees at the time of building permit issuance. Per the development agreement, the developer has agreed to pay a "School Improvement Contribution Fee" of $1,200 per residential lot to the Marana Unified School District also at the time of building permit issuance. ATTACHMENTS: Name: Description: Type: ^ Resolution 2010- XX Tan. gerine Crossing_Block 3_FP Amended.doc Resolution .Resolution O Application -Amended Tangerine Crossing Blk 3.pdf Application Backup _ Material ^ Amended Tangerine Crossng Blk 3 Location Map.pdf Location Map Backup _ _ Material ^ Amended Tangerine Crossing Blk Final Platli].pdf 3 Amended Final Plat Reduction Backup _ _ _ _ _ _ Material Staff Recommendation: Staff has reviewed the application for compliance with the Forest City Specific Plan, the Tangerine Crossing Development Agreement, the Marana Land Development Code and the Marana General Plan. This amended final plat is in conformance with all required development regulations and design guidelines with the approved amended Design Exception. Suggested Motion: I move to adopt Resolution No. 2010-78, approving an amended final plat for Tangerine Crossing Block 3 Lots 1-49 and Common Areas "A", "B", & "C-1" thru "C-7". Regular Council Meeting -August 17, 2010 -Page 14 of 148 MARANA RESOLUTION N0.2010-78 RELATING TO DEVELOPMENT; APPROVING AN AMENDED FINAL PLAT FOR TANGERINE CROSSING BLOCK 3 LOTS 1-49 AND COMMON AREAS "A", "B" & "C-1" THRU "C-7" WHEREAS, on February 7, 2006, the Town of Marana adopted Resolution 2006.26 approving the Tangerine Crossing Final Plat, Tangerine Crossing, Lots 1-347, Blocks 1-5 and Common Areas, Book 60 Page 87; and WHEREAS, on October 7, 2008, the Town of Marana adopted Resolution 2008-124 approving the final plat for Tangerine Crossing Block 4, Book 64 Page 11; and WHEREAS, Forest City Southwest, the owner of Tangerine Crossing Block 3, has applied for approval of an Amended Final Plat for Block 3, a 49-lot single-family home subdivision on 25.9 acres, including lots 1 through 49 and common areas "A", "B", and "C-1" thru "C-7", and is generally located on the east side of Thornydale Road, approximately 1/3 mile north of Tangerine Road, within a portion of Section 32, Township 11 South, and Range 13 East; and WHEREAS, the Marana Town Council, at their regular meeting on August 17, 2010, determined that the Amended Tangerine Crossing Block 3 Final Plat should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Amended Tangerine Crossing Block 3 Final Plat is hereby approved. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 17th day of August, 2010. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -August 17, 2010 -Page 15 of 148 r "r~ MARANA :~ ^'/l\ PLANNING & ENGINEERING APPLICATION L` TYPE;OI~` APP.tICA'I`ION (Ct-e~k:O.ne)"` ^ Preliminary Plat ~ Final Plat ^ General Plan Amendment ^Variance ^ Development Plan ^ SWPPP ^ Landscape Plan ^ Native Plant Permit ^ Specific Plan Amendment ^ Conditional Use Permit ^ Rezone/Specitic Plan ^ Annexation ^ Significant Land Use Change ^ Minor Land Division ^ Water Plan ^ Improvement Plan (~pecif +Ltype in Description of Project box*) ^ Other 2. G~N~RALDATA RE `tJIRED Assessor's Farrel _ --_ . General Ptan Designation Numbe s To be confirmed b sta Gross Area (Acre/Sq. Ft.) 25.9 AC / 1,129,926 S.F. Current Zoning F {Forest City Specific Plan) To be confirmed b sta Development/Project Name Amended Tangerine Crossing Block 3 Proposed Zoning Project Location East side of Thomydale Raad approx. 114 mile north of Tangerine Road Description of Aroject* 49-Lot Single-Family Residentail Subdivision Property Owner Ticor'Title Agency of Arizona Trust 12133, Attn: Fidelity National Title Street Address 7750 E. Broadway Blvd., Suite A-200 City State Zip Code Phone Number Fax Number E-Mail Address Tucson AZ 85710 Contact Person Martha L Hill Phone Number / E-mail . 520-751-2970 Applicant Tangerine Road Associates, c!o Forest City Southwest Street Address 333 E. Wetmore Road, Suite 250 City State Zip Code Phone Number Fax Number E-Mail Address Tucson AZ 85705 Contact Person Dean Wingert Phone Number 1 E-mail 520-888-39621 deanwingert@forestcity.net Agent/Representative Rick Engineering Company, Inc. Street Address 3945E. Fort Lowell Road, Suite 111 City. State Zip Code Phone Number Fax Number E-Mail Address Tucson AZ 85712 520-795-9000 520-322-6956 dcastro@rickengineering.com Contact Person Dan Castro Town of Marana Business 119013 License No. 3 AUTHURIZATIONOIi P1E _. tOPERTY UWNER, 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 writine by the owner to file this application and checklist. (If not owner of record, attach written authorization from the owner.) Print Name of A licantlA ent Si nature Date 11555 W. Civic Center Drive, 81dg. 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CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, August 17, 2010, 7:00:00 PM To: Mayor and Council Item C 4 From: T VanHook ,Community Development Director Strategic Plan Focus Area: Community Building Subject: _Resolution No. 2010-79: Relating to Community Development; authorizing the Mayor to sign a Partnership Agreement for participation in the Sun Corridor Consortium Sustainable Communities Planning Grant Program Discussion: The Sun Corridor Consortium is a collaborative effort among the Maricopa Association of Governments (MAG), the Pima Association of Governments (PAG), the Central Arizona Association of Governments (CAAG), and their related stakeholders dedicated to addressing issues of sustainability as it relates to these three regions as well as the Sun Corridor. The Sun Corridor Consortium has applied for funding through the Sustainable Communities Planning Grant Program offered by the U.S. Department of Housing and Urban Development (HUD). The Sustainable Communities Initiative will award approximately $100 million for regional integrated planning initiatives to improve regional planning efforts that integrate housing and transportation decisions, and increase the capacity to improve land use and zoning. These competitive awards will be offered to applicants who best illustrate the ability to garner broad- based participation in regional planning to meet the following goals: 1. Foster the development of sustainable communities throughout the United States that are consistent with the Livability Principles; 2. Support metropolitan areas and mult- jurisdictional partnerships that commit to adopt integrated plans, strategies, and management tools to become more sustainable; 3. Facilitate strong alliances of residents and regional interest groups that are able to maintain a long-term vision for a region over time and simultaneously support progress through incremental sustainable development practices; 4. Build greater transparency and accountability into planning and implementation efforts;. 5. Expedite implementation of the Livability Principles through changes in local zoning and land use laws and regulations that remove barriers to sustainable development for housing, economic development, transportation, and related water, sewer and other environmental quality issues; Regular Council Meeting -August 17, 2010 -Page 22 of 148 6. Align local, state, and tribal capital improvement programs with the Livability principles; 7. Assist all regions to move toward sustainability and livability, and, for the regions that have shown along-term commitment to sustainability and livability, prepare them for implementation and to demonstrate on-the-ground results. Livability Principles 1. Provide more transportation choices. Develop safe, reliable, and affordable transportation choices to decrease household transportation costs, reduce energy consumption and dependence on foreign oil, improve air quality, reduce greenhouse gas emissions, and promote public health; 2. Promote equitable, affordable housing. Expand location- and energy-efficient housing choices for people of all ages, incomes, races and ethnicities to increase mobility and lower the combined cost of housing and transportation; 3. Enhance economic competitiveness. Improve economic competitiveness through reliable and timely access to employment centers, educational opportunities, services, and other basic needs by workers, as well as expanded business access to markets; 4. Support existing communities. Target federal funding toward existing communities -through strategies like transit-oriented, mixed-use development, and land recycling - to increase community revitalization and the efficiency of public works investments and safeguard rural landscapes; 5. Coordinate policies and leverage investment. Align federal policies and funding to remove barriers to collaboration, leverage funding, and increase the accountability and effectiveness of all levels of government to plan for future growth, including making smart energy choices such as locally generated renewable energy; 6. Value communities and neighborhoods. Enhance the unique characteristics of all communities by investing in healthy, safe, and walkable neighborhoods -rural, urban, or suburban. As an active participant in both PAG and CAAG, the Town of Marana has been asked to sign a partnership agreement supporting MAG's application on behalf of the Sun Corridor Consortium's application for the Sustainable Communities Planning Grant Program. This includes activities occurring at the sub-regional and county level, such as those conducted for the Imagine Greater Tucson regional visioning effort in the Tucson metropolitan area. MAG, PAG and CAAG will convene stakeholders and work with the Joint Planning Advisory Council (JPAC) to advise on the interface between the planning regions. JPAC is a voluntary effort undertaken by MAG, PAG, and CAAG. to coordinate their respective planning activities and cooperatively work together to foster a successful and economically viable Sun Corridor in the State of Arizona. The Regional Councils of MAG, PAG and CAAG each approved resolutions in 2009 to participate in the JPAC. Financial Impact: There is no cash match requirement for participation in the application. ATTACHMENTS: Name: Description: Type: Resolution ~ Sun_Corridor_Consortium $u..stainable_Communities Plannny_- Sun Corridor Agreement Resolution _Partnership_Agreement Resoluton_08-2010.doc Staff Recommendation: Regular Council Meeting -August 17, 2010 -Page 23 of 148 Staff recommends adoption of Resolution No. 2010-79, authorizing the Mayor to sign a Partnership Agreement for participation in the Sun Corridor Consortium Sustainable Communities Planning Grant Program. Suggested Motion: I move to adopt Resolution No. 2010-79, authorizing the Mayor to sign a Partnership Agreement for participation in the Sun Corridor Consortium Sustainable Communities Planning Grant Program. Regular Council Meeting -August 17, 2010 -Page 24 of 148 MARANA RESOLUTION N0.2010-79 RELATING TO COMMUNITY DEVELOPMENT; AUTHORIZING THE MAYOR TO SIGN A PARTNERSHIP AGREEMENT FOR PARTICIPATION IN THE SUN CORRIDOR CONSORTIUM SUSTAINABLE COMMUNITIES PLANNING GRANT PROGRAM WHEREAS, The Consolidated Appropriations Act, 2010 (Public Law Ill-117), provided funding to the U.S. Department of Housing and Urban Development (HUD) for a Sustainable Communities Initiative to improve regional planning efforts that integrate housing and transportation decisions, and increase the capacity to improve land use and zoning; and WHEREAS, HUD is making available $100,000,000 for the Sustainable Communities Regional Planning Grant Program; and WHEREAS, The Sun Corridor Consortium is a collaborative effort among the Maricopa Association of Governments {MAG), the Pima Association of Governments (PAG), the Central Arizona Association of Governments (CAAG), and their related stakeholders dedicated to addressing issues of sustainability; and WHEREAS, the Sun Corridor Consortium is apply for funding through Sustainable Communities Planning Grant Program; and WHEREAS, the Town of Marana participates is an active member of both PAG and CAAG and would like to partner for the Sustainable Communities Regional Planning Grant Program. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that Mayor is authorized to sign a Partnership Agreement for Participation in the Sun Corridor Consortium Sustainable Communities Planning Grant Program. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 17th day of August 2010. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -August 17, 2010 -Page 25 of 148 ~~~,~ TO1M8i OF MItRANA MARANA TOWN COUNCIL STUDY SESSION MINUTES COUNCIL CHAMBERS 11555 W. Civic Center Drive, Marana, Arizona 85653 Date: July 27, 2010 Time: 6:00 p.m. 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 A. CALL TO ORDER/ROLL CALL Mayor Honea called the meeting to order at 6:02 p.m. Council Member Clanagan was exeusea~ Council Member Post arrived at ilre rims rct 6:05 p.m. There was a quorum present. B. PLEDGE OF ALLEGIANCE Let by Mayor Honea. I I~ doted that he had visited Ora Mae Harn in the afternoon. She is not able to s~~cal:_ and asked that the audience keep her in their prayers. C. APPROVAL OF AGENDA Motion to approve moved by Council Member McGorray, second by Vice Mayor Kai. Motir-n carried 5-0. D. DISCUSSION/DTRLC'I'ION/POSSIBLE ACTION 1. Presentation: Relating to Parks and Recreation; presentation regarding the Town of Marana's 2010 Star Spangled Spectacular Tom Ellis noted that this was another good event for the town, although he thought attendance was down a little from last year. While talking to business owners in the area, they are very happy about holding the event in the Cortaro business district. The fireworks location allowed more people to see the show. He also thanked Red Point Development for the use of Pines II subdivision for the fireworks launch. He noted that there was a little issue with traffic routing for about 15 minutes. Council Member McGorray asked that this be looked into Regular Council Meeting -August 17, 2010 -Page 26 of 148 again when planning next year's events. Mayor Honea said that it was a wonderful event and got a lot of good publicity. 2. Presentation: Relating to Parks and Recreation; presentation regarding the planning for the 2011 Founders' Day event(s) Tom Ellis referred to the budget process for 2011 and the discussion about shifting Founders' Day to save about $15,000 and reinvent the event and possibly spread it over several days per talking to people in the community. He has set up some preliminary meetings in August to talk to community and business leaders to coordinate several events in the second or third week of t)ctober 2011. This would also be within the time frame to become part of M~u~ana's Arizona celebration which will occur in 2012. He will keep Counc i I informed of the plans as the meetings move forward. He also asked for commurlit~ participation. 3. Presentation: Relating to Parks and Recreation; presentation and discussion on the. Parks and Recreation Master Plan Tom Ellis referred to a 300-page document that has been in progress since 2008. He gave a PowerPoint presentation and an overview of the executive summary and give an idea of where they've been, where they. are now, and where they anticipate being. The purpose of the plan was to update the 2000 Parks Trails and Open Space Plan that was adopted, and give an overview of recreation programming and facilities -not just for the town but regionally. The plan's primary purpose is to set department direction through 2020 and toward 2030 with five-year updates. Tl1e changes now are relative to the Council's adoption of the Strategic Plan in ~l)09. Council Member Comerford thanked Mr. Ellis and the members of the 1'arl~s k Recreation Citizen Advisory Commission, noting that several members were in the audience. Motio~r irl.ored by Council .1I~ nrher Comerford to direct staff to finalize the Parks and Recreation Mas-ter Plan, 2010, based on the direction provided tonight and to return with a final document for Council adoption, second by Coran~c~il Member McGorray. Motion carried unanimously, 6-0. 4. Presentation: Relating to Development; discussion and direction to town staff concerning the First Amendment to Marana Spectrum Development Agreement Frank Cassidy went through the provisions as they appeared in the original agreement. He noted that the development agreement was adopted in December 2007. At the time the developer, Kimco Barclay, was a large national shopping center developer financing the project. Since 2007, Kimco has now taken over the project, and negotiations have been directly with them. They have tried to minimize the amendments as much as possible. He then showed a table on the screen that summarizes the major changes. Since December 2007 the economy has changed significantly, which has resulted in the amendments to the DA. He organized the table in order of the way the provisions appear in the original DA. The point of this was to try to create a little flexibility in the scheduling of the Regular Council Meeting -August 17, 2010 -Page 27 of 148 development because of the economy and still get the town's contribution for the TI. Originally, the contribution was to be made within 60 days after the TI opened but then the developer would have to start development. Since that's not going to happen, the fear the town had was that the developer was going to forfeit the sales tax reimbursement by not beginning development and also not contributing to the TI, but everything else stays in place. The amendment tries to take all that into account to work out the best for both parties. The timing came about because of the completion of the TI. He then went through the items for Council and the modifications considering the marketplace. The developer now is giving the town $4M interest free until they open up. They expect to recoup the sales tax within a reasonable period of time after they open, but they don't want to take that kind of risk when they are giving the town interest-free money. The list of public improvements has been cleaned up, and probably the most important thing is that now that we've done the construction project, we know the costs. The proposal is to bring this back for formal adoption on August 17 pending any feedback from Council. Council Member Ziegler commended staff and the developer for bringing this back with adjushnents due to the economy. Council Member Post asked if there was any revenue-sharing on the sales tax or does it all go back to the developer. Mr Cassidy replied that that part of the original agreement stays the same -they get 45 % of the to~~ n' ~ pc ~rtion of the retail sales tax. They don't get construction sales tas. Council l~lcmber Post asked if there were other construction sales tax sources in that area dike Acacia Hills or Cascada) to helpmak~up for the lostrevenue. Keith Brauu stand that the Cascada development is also in discussion with town staff to dedicate a certain' at~~ount of money -but nowhere on the order of this devclopme~tt. The Cascada de~~elopment does pay the south transportation impact Ict_ ~~hiclt i~ wholly attributable to this interchange. That is a different pot of mc~ne~~, however; from the sales tax. But the town is getting a substantial amount ~~f nu~iiey from Cascada that does go toward the interchange through impact fees. Mr. Davidson noted that he believes once this project is able to move forward, you will see other types of projects looking at this new infrastructure, and many new areas ~~ it I he opening up because of location. Discussion ensued regarding developer contributions toward the TI which Mr. Cassidy elaborated on going back to 2007 when it wasn't assured that the TI would come to fruition. Vice Mayor Kai also gave some historical background and justification for the $30M which is anot-to-exceed number per Mr. Davidson. Time and interest-free use of money are really the only changes to the original agreement. Motion moved by Council Member Ziegler to direct staff that this item be placed on the August 1 Th Council agenda for consideration and possible adoption„ second by Council Member Post. Motion carried unanimously. Regular Council Meeting -August 17, 2010 -Page 28 of 148 5. Presentation: Relating to Development; discussion and feedback on developer's proposed draft Marana Regional Landfill Development Agreement Vice Mayor Kai excused himself and left the dais due to a conflict of interest at 7:05 p.m. Frank Cassidy presented this as a first opportunity for staff to discuss the draft agreement with Council. Michael Racy and Larry Henck are in the audience to answer questions. He created a chart to highlight the larger points provision by provision. He'll then make notes for comments for purposes of negotiation. The agreement as proposed is with the developer and the landowner. Landfill development cannot go forward except under the terms of the DA if approved. Right now, the developer doesn't own the land. If for some reason they didn't finalize the deal, they wouldn't want to have. a rezone without a DA. Council Member McGorray asked for clarification._rhe DA runs with the land for any landfill developmenton that location. It only applies if it does go forward for a landfill. He then went over the CPI numbers for host fees, energy and vehicle flat fee. The host fee starts at $1.20 per ton (excluding the free programs) and $10 per vehicle for a flat fee and is adjusted annually. All of the adjustments in the agreement will occur on July 1 for budgeting reasons, and we'll always use the May CPI numbers, and that is reflected throughout the agreement. The effective date of the agreement is upon purchase and final entitlements -the zoning entitlements and the permits from the various agencies. Once that process is complete, then the. agreement ~~ ill be effective. The term extends for the life of th~r lan~ii i 11 ~~ ~ cry I~~ng term for a DA. Because the nature of a landfill operation, this hr~~tc~ts the town as much as it protects the developer. There is a provision in the DA that c~~rresponds to a provision in the rezoning if approved which relates to a reversion of the zoning. Staff will recommend a provision that says if they are not going forward after five years, the zoning can come back to the Council and Council can revert to RD-180, which is what it is ri<<ht now, or ju,t rcm<>vc t}te. landfill provision. The reversion provision proposed with the fifth anniversary reversion option the developer also wanted to say -what happens if I'm in these permit processes with state agencies during that. time - so we negotiated back and forth up to 10 years if they are in process, but'it is not expected to take that long. Elevation for the landfill is 165 feet maximum, with an average 135 feet. There is a provision prohibiting hazardous materials. There is a provision about litter control stating that the town can clean up at the developer's expense. Council Member McGorray asked if a fine had ever been proposed rather than getting the developer to pay for the clean-up. Mr. Cassidy replied that that could be discussed. Mr. Racy indicated that the developer agreed to the concept of a fine. They will enforce in addition to whatever the town does. Kevin Kish also stated that there is an ordinance in place for enforcement if loads are uncovered. Mr. Cassidy continued to elaborate. There are provisions for reviews for compliance under paragraph 12. These are for bigger areas of compliance. Throughout the life of the operation there are reporting requirements and periodic reviews for compliance. The developer has to dedicate Brawley Wash upon the town's request at any time during the life of the landfill. Whether it's dedicated Regular Council Meeting -August 17, 2010 -Page 29 of 148 or not, the developer must maintain the 500-year floodplain improvements for the Brawley Wash. Mr. Cassidy then discussed adjustments for the host fees. Council Member Post asked for an explanation of "third" party. Mr. Racy explained that this is what is charged to commercial haulers. The cap is based on what is being charged third parties because an affiliated party may be coming in and dumping at a reduced rate and this is a protection for the town and is pretty standard. Council Member Post asked if there was a provision that talks about hazardous waste under applicable laws that is restrictive. Mr. Racy responded that they are committing in perpetuity that it will never be permitted for anything other than a municipal solid waste facility. It is tied back to the state and federal laws and meets their regulations. He used the example of latex paint. It doesn't go in because it's a liquid waste, not because it's a hazardotas'`waste. It's not classified as hazardous but it still has to be solidified._ The design accepts that there can be someone who throws out some paint thinner. but that's not what we're talking about here. We cannot take hazardot ~ ~~ astcas prescribed by ADEQ. Council Member Post continued that there are ova}'.5 to ~~et around that regulation. Mr. Racy said he understood Council Member Post', inference; however, he's concerned about the suggestion of "getting around.' ,~s lung as it's appropriately prepared and the landfill is following the law....Mr. Racy responded yes. Council Member McGorray asked what counts as tonnage which made her wonder about recyclables. Are they paying for the tonnage with recyclables? Mr. Racy responded that it was his understanding that things that come through the gate and go into the' landfill - if we have a separate reuse section -stuff that's going back out or a rec~~c I i n ~, center which is part of this - I don't believethose are included in tonnage bc;causc nose are not being deposited in the landfill. Mr. Cassidy responded that tonnage is included as part of the host fee which has an audit provision. Staff felt that if they were supposed to pay host fees and thc;y~rc sh~~rt, they should pav for the auditor's fees. Paragraph 19 allows free public accts for Marana citizens and an additional mapped area: That is two dais a year -one Saturday in March and one in October. Paragraph 20 -the customer vehicle flat fee - is $10 based on the CPI. Another free program is the neighborhood container program - up to four containers once-per quarter. There is a town voucher program of 30 vouchers for up to three tons which can be handed out. The town does not get paid for tonnage for the irce' programs. There is a provision for groundwater well monitoring. There are no proposed changes. The perimeter fence must stay 100 feet ahead of the operation. The whole property is going to be fenced with field fencing, but in the operational part it must be six-foot chain link. Council Member Ziegler asked about the town voucher program and the distribution. Who would receive those? Mr. Cassidy responded that it would be up to the town. Mr. Racy responded that this is a fairly standard provision and it would be for families who may have had a fire or disaster on the property and has considerable cleanup to be done. It's for the unexpected, this either for the town or residents. Mr. Cassidy continued with a provision that requires the developer to pay for an d construct all access improvement that are determined at the access on Avra Valley. The most discussion was the Avra Valley Road improvements. The Regular Council Meeting -August 17, 2010 -Page 30 of 148 direction that town staff is moving is to say that we know we need the Sandario turn lanes, but put in the traffic signal when the town determines that it's warranted. The town also wants a turn lane on westbound Avra at Sanders, and an asphalt overlay on Avra Valley Road. Fernando Prol's feeling is that the road needs an overlay to the interchange. Normally, when an improvement of that type is needed, we have a concurrency provision. There are complications with doing the overlay in the county and with the state. This still requires Council feedback. Council Member Post asked what kind of traffic signal would there be. Mr. Prol responded that at Sandario there will be a traffic signal when warranted. Mr. Racy noted that on transportation issues, the developer recognizes there are existing deficiencies on Avra Valley Road. The traffic generated from this facility will only add about 10 percent. Other than the entrance add-ons, some of the existing deficiencies are not necessitated in our traffic impact report or the project per se. The right turn onto Sanders and the two right turns on Sandario, the signal when its warranted, and the overlay we felt`n~ade sense to go town limit on the west about one-half mile past the entrance and town limit on the east about three-quarters of the distance on Avra Val ley Road. If staff feels there needs to be concurrency, we understand that, but it's a mess and Avra Valley and -I0 is a mess and needs to be cleaned. up right away. His recommendation i~ not to do something that creates a disincentive for the county and the state to improve that area right away. Ultimately, the developer may have to do it, or they maybe able to convince the county or the state to do it, but the landfill could not open until it is done -all the way to the signal -there•s two miles not included. Six and a half miles have been agreed to. He does not ~~ant to formally say on the record that they're going to d~ it, because the counh~ ~~r the statewill then say they're not going to do it. T`he purpose of the concurrence is to say that the developer can't do their land use -they can't open -but maximum pressure should be on the county or the state to do it during the two to three-year process it will take to open (the landfill). ADOT is already doing design work on the interchange, so you don't want t~~ give thcn~ .u~ esruse nat to do it. This is a couple of a million dollars of in~~ro~~ements on :1~ra Valley Road that have no funding stream, plus the hest fee which'is goingto be another $600K-$750K a year for road work or ~~~hatrver the town. wants. Mr. Racy responded to a question by Council Mec~tber Post regarding the type of overlay which could be used. There are significant portions of Avra Valley Road that are expected to be constructed, but there will be a significant pavement restoration. Council Member Ziegler asked about the concurrency issue and whether that's being done now, such as Cortaro to Hartman and then into the county. Does the town typically ask the developer to do this? Mr. Braun responded that the Cortaro Road project was a CIP program and not built by the developer even though there was a developer contribution. The town has dealt with development agreements, especially along Marana Road, with the concurrency provision. The spirit of cooperation has changed over the years with the passage of the RTA. We are working on having long, arterial projects with a concurrence provision. Mayor Honea called for a recess at 7:55 p.m. The meeting reconvened at 8:04 p.m. Mr. Cassidy continued. The next provision is the Brawley Bridge improvement. This is supposed to have an 80,000 pound capacity and what Regular Council Meeting -August 17, 2010 -Page 31 of 148 improvements it's going to need. The agreement contains a provision that the developer will make whatever improvements are needed to meet this capacity before the landfill is opened. Paragraph 29 deals with environmental insurance, providing $20M aggregate, $ l OM per incident and $12M self-insured. He hasn't gotten feedback from the risk pool on this yet. The last provision is the seller consent. A landfill can't be done with a DA in place. He asked if there was any feedback or direction from Council. Council Member McGorray asked for clarification of the Fox easement in relationship to where it cuts across the northeast corner of the Brawley Wash. Mr. Racy responded that everything that is owned is being turned over to the town, which is in the northeast corner. The Fox easement is the entry road and not along the east branch of the Brawley. That was at the request of the State Land Department for access. She also asked for clarification ofthe money for the school district and if it's based on tonnage. He responded that there is a separate agreement with the school district. The town gets $1.20 and under a separate MOU with the school district, they get $.30 per ton. Council Member Comerford asked if someone else buys this, does the development agreement transfer to the new owner. Mr. Racy replied that it runs with the land and binds the land as does the zoning and the other provisions. If anyone goes in for a landfill use, they are bound by ev~rvthing in this agreement. He noted requests from the county and from the town to;,put in the reversion provision so that if they can't get thr permit they don't-=want it sitting in title for 15 years without knrnving what it i~. I he developUrput in 10 years, but the town wants it to be (ivc. It's possible with pc~mitting procedures it could spill over a little. It is dr{gip ~I~~~~I at 1 U years in any went. There's a specific statute on reversion whichlic ncnt onto summarize which gives the town flexibility. Council Member Ziegler asked for clarification on the meaning of closure and post-cli~surc l-tnancial assurances in Paragraph 14. Mr. Racy noted a state statute on the bond that a pri~al~ landfill operator has to post. A public landfill operator 'dawn ~t have to pc Est or report other than some permit reports. By just receiving small amounts of waste, closure could be pushed out to 30 years. Private operators can't do that. When they get the original permit, there's an entire closure plan and that has some of the environmental things which were removed, although they are part of the plan, which get adopted by a permit which contains a bond that is reviewed annually by ADEQ. If there is a permit, the bond is in place for closure and is increased every year and is always an amount running ahead. An escalating rather than receding bond, so you never get into the position you would with a public facility. He referred back to Paragraph 12 for compliance reviews. On the designated truck route, the town gets to accept the designation of the truck route. All the trucks come in on Avra Valley, and the town and the landfill operator can enforce that. There's also a provision that there can be no rail haul waste because a rail spur can come into the site or accept waste that started as rail haul, as noted in Paragraph 5. The developer also has the initial report from the structural engineers on the Brawley Bridge. It was originally designed for 80,000 but the current recommendation is that the superstructure Regular Council Meeting -August 17, 2010 -Page 32 of 148 won't support that, but the sub-structure looks fine. The developer will be responsible for whatever is necessary to cure deficiencies. The environmental insurance is not a statutory requirement and is above and beyond. There's no history of claims for a municipal solid waste facility in the wet areas much less in the dry areas. But because of the series of monitoring wells, everything is protected quickly and can be mediated for a relatively small cost. It is just an additional surety to the town and the community areas that there will be a source of compensation for that. An executive session was called upon motion by Council Member Post, second by Council Member McGorray at 8:22 p.m. The Council reconvened at 8:55 p.m. Motion moved by Council Member Comerford, second by, Council Member Post, that the landfill development agreement~will be brou~hi hack before Council on August 10, 2010 with revisions cnrtsistent with C~~~riicil direction. Motion carried unanimously. 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. ADJOURNMENT Motion to adjourn moved by Council Mcn~he~• Posy, second by Council Member McGorray. Motion curried unanimously. The meeting was aJ j uu rnc;l at 8:56 p.m. CERTIFICATION I hereb~~ crrtii~~ that the foregoing are the true and correct minutes of the Marana Town Council sh~cial meeting held on July 27, 2010. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk Regular Council Meeting. -August 17, 2010 -Page 33 of 148 ~~A~ ~~~~~Ff ~-,~.: REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, August 3, 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 I~llemhrr Roxanne Ziegler,C~uncil ~~Ien~ber REGULAR COUNCIL MEEfiING CALL TO ORDER AND ROLL CALF.. >t'Iayor Honea called the meeting to order at 7:00 p.m. The Town Clerk called the roll ,~11 member, ~rerc present except Council Members Post and Ziegler, who were excused. A duorum ~~~:~s present. PLEDGE OF ALLEGI;1NCt.IINVOCATION/MOMENT OF SILENCE . Led by Mayor Honea. APPROVAL OF AGENDA, Motion by Cnuircil Member McGorray, second by Council Member Comerford.. Passed u~ianirnously. CALL TO THE PUBLIC'. Eduardo Ramirez from the cast of Up With People addressed Council and said tlr~t ~1U people from all over the world would be in Marana from August 16-23. They believe ~ihis is a great opportunity for community involvement, and they'll be working with kids from elementary schools doing workshops with international people, and they will be volunteering at the Heritage Conservancy farm in addition to presenting three shows at Mountain View High School. There will be 90 people on stage dancing and singing. They are still looking for host families for the students who will b~performing. He thanked Council for the help they've given them. Sheldon K. Feldman spoke on behalf of PACE (Property Assessed Clean Energy) programs. Deane Spencer, Graham Glauser, Linda Zupi, Dan Post and Chris Weiss spoke in favor of the proposed landfill. Albert Lannon, Steve Storzer, Mimi Battin, Tanya Anway, Joan Travis-Triumph, Nita Storzer, Melissa Rohlick, Terri Faust, Janice Mitich, Tom Hill, Pat McElroy, Robert Ruppelius, and Pam Ruppelius spoke against the proposed landfill. Michael Racy also addressed Council. David Morales asked that his three minutes be dedicated to the memory of Ora Mae Harn. Regular Council Meeting -August 17, 2010 -Page 34 of 148 August 3, 2010 Council Meeting Minutes Speaker cards were presented opposing the landfill by the following, who did not wish to speak: Linda Storzer (submitted a letter into the record), Elizabeth Maxam, Steve Maxam, Mitzi Morton, Charles Goddard, Jr., Dan Rogers, Betty Turner, Debbie Rogers and Rick Faust. Also submitted were signature petitions by Mr. Storzer, Impact of the Economic Obsolescence Imposed by Landfills on Residential Property Values, and INVESTIGATION; Report Cites Conduct In Garbage Industry. PROCLAMATIONS Drowning Impact Awareness Month. Dianne Van Horn accepted the Proclamation. Honoring Ora Mae Harn. Nancy Bock accepted the proclamation on behalf of her family. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS All Council expressed condolences to Nancy Bock, dau<~hter of Ora Mae Harn, who was present to accept the proclamation honoring Ora Mac. Several told brief stories of their memories of a specific occasion regarding Ora. Council Member Clanagan thanked Council for their good wishes while he was recoverin~~ I rc~m recent knee replacement surgery. MANAGER'S REPORT: SUMMARY OF CURREN 1' [;VENTS Mr. Davidson also acknowledged the many wonderful contributions of Ora Mae Harn to the community. PRESENTATIONS CONSENT AGENDA. M~~tion by Council Member McGorray, second by Vice Mayor Kai. Passed unanimously. C 1: Resolution No. 2010-71: Relating to Development; approving the release of the Private Improvement Agreement for New Life Baptist Fellowship, 4857 W. Cortaro Farms Road and acceptance of public iulprovetuents for maintenance C 2: Resolution No. 2010-7?: Relating to Development; approving a release of assurances for Gladden Farm, 131~~ck 17 and acceptance of public improvements for maintenance C 3: Resolution No. 2010-73: Relating to Parks and Recreation; authorizing Town of Marana staff to share r«ources and to work in partnership with the Town of Oro Valley to plan community e~ ents, including Marana's 2011 Founders' Day event, for the State of Arizona's centennials celebration C 4: Ordinance No. 2010.12: Relating to Finance; amending the Town of Marana comprehensive fee schedule; and designating an effective date C 5: Ordinance No. 2010.13: Relating to Business Regulations; amending spirituous liquor license fees addressed by Town Code section 9-1-3(B) to correspond with changes made to the comprehensive fee schedule adopted by Marana Ordinance No. 2010.12; and establishing an effective date Regular Council Meeting -August 17, 2010 -Page 35 of 148 2 August 3, 2010 Council Meeting Minutes C 6: Resolution No. 2010-74: Relating to Building Codes; approving and authorizing the Mayor to execute the extension of an intergovernmental agreement with Pima County for the regulation of public property regarding Code compliance for public buildings C 7: Resolution No. 2010-75: Relating to Community Development; authorizing the Town to support Up with People performances and community service in the Town of Marana C 8: Minutes of the July 20, 2010 regular council meeting C 9: Resolution No. 2010-76: Relating to Development; adopting a notice of intent to enter into an amendment to the retail development tax incentive agreement for the Marana Spectrum project proposed to be located at the southeast quadrant of Interstate 10 and the future Twin Peaks Interchange LIQUOR LICENSES L 1: Relating to Liquor Licenses; recommendation to the state liquor heard regarding a New Series #12 (Restuarant) liquorlicense ap}~licali~>n submitted by Fei Ch`eng on behalf of Sushi Cortaro, located at 8225 N. Courtney P:~~~_e ~~'ay, #141. Ms.Bronson noted that staff had reviewed the application, the fee was pain anti. there were no protests filed with her office. She recommended approval. Upon motiuu h~~ .Council Member Clanagan, second by Council Member Comerford, the motion to « pprwe was passed unanimously. BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION ITEMS FOR DISC[ ISS~1C>N/POSSTEiLE ACTION D 1: Legislati~~c:~Intcr~~~>vet~nmerltal t~epori: I)iscussion/Direction/Action regarding all pending state and fede--al legislation and repurt on recent meetings of other legislative bodies. Mr. Huffman gave a bi•iet summary of the litigation involving SB 1070 and the next hearing date scheduled for November before the Court of Appeals. Mr. Gilbertson noted that this would be die last report Mr. Huffman would be giving on behalf of the town. He has accepted another position with the Tucson Board of Realtors but will still maintain contact ~t ith Marana. Mr. Huffman thanked Council for the opportunity they provided for him to scr~ c the town and expand on previous relationships while he was serving this district in the state Legislature. EXECUTIVE SESSIONS. Motion to go into executive session on Items E 2 and E 3 by Council Member McGorray, second by Vice Mayor gai at 8:24 p.m. Passed unanimously. 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 cnon's}ultation for legal advice with the Town's attorneys and discussion and to consider its Regular Colo G~"IGT e~ti yn~ g s~r,~c~~~_'~'a9e ~l~~ger and staff concerning (1) the lawsuit entitled August 3, 2010 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 E 3: Executive session pursuant to A.R.S. § 38-431.03(A)(2) and (4) to consider the Town's position and instruct its attorneys regarding the pending litigation entitled Blomquist v. Town of Marana, United States District Court, District of Arizona, Case No. 4:09-CV-671 TUC DCB, and for discussion or consideration of confidential records relating to the case Council reconvened at 8:48 p.m. There was no action on executive session items. FUTURE AGENDA ITEMS ADJOURNMENT. Motion by Council Member McGorraU, second vy Vice Mayor Kai at 8:49 p.m. Passed unanimously. CERTIFICATION I hereby certify that the foregoing are the true and ec~rrcct minutes of the Marana Town Council meeting held on August 3, 2010. I further certi I ` that a quorum was present. Jocelyn C. Bronson, Town Clerk Regular Council Meeting -August 17, 2010 -Page 37 of 148 4 August 3, 2010 Council Meeting Minutes ~r-~'`. ~A~A~~ w.r'~ vows of an;~rtrtNa MARANA TOWN COUNCIL EXECUTIVE SESSION MINUTES COUNCIL CHAMBERS 11555 W. Civic Center Drive, Marana, Arizona 85653 Date: August 10, 2010 Time: 5:00 p.m. Ed Honea ,Mayor Herb Kai, Vice Mayor Russell Clanagan, Council Member Patti Comerford, Council Member Carol McGorray, Council Member Jon Post, Council lYlembex Roxanne Ziegler, Council Member Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items appear in italics. The Council Chambers are wheelchair and handicapped accessible. Any person who, by reason of am disability, is in need of special services as a result of their disability, such as assistive listening devices, agenda materials.. printed in Braille or large print, a signer for the hearing impaired, etc., will be accommodated. Such special services are available upon prior request to the Town Clerk at least 10 working days prior to the Council meeting. 1. CALL TU ORI)F,WIZOLL CALL l~'(ayor Honea cal Icd the meeting to order at 4:59 p.m. Town Clerk Bronson called roll. All Council Meni4~ers were present except Vice Mayor Kai, who was excused. 2. EXECUTIVE SESSION Motion to a~.into executive session at 5:02 p.m. moved by Council Member Post, second by Council Member Ziegler. Motion carried unanimously. A. Executive session pursuant to A.R.S. § 38-431.03(A)(3) and (4) to discuss and consult for legal advice with the town's attorneys and to consider the town's position and give direction concerning the application and handling of Park Development Impact Fees collected within the Dove Mountain area B. Executive session pursuant to A.R.S. § 38-431.03(A)(3) and (4) for legal advice from the Town's attorneys concerning legal issues related to the proposed landfill rezoning and landfill development agreement and to consider the Town's position and Regular Council Meeting -August 17, 2010 -Page 38 of 148 instruct its representatives regarding the proposed terms of the landfill development agreement 3. ADJOURNMENT Motion to adjourn moved by Council Member Clanagan, second by Council Member Ziegler. Motion carried unanimously. The meeting was adjourned at 6:04 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Executive Session of the Marana Town Council meeting held on August (0, 2010. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk Regular Council Meeting -August 17, 2010 -Page 39 of 148 ~~»....» I~A~AI'\IA *wv~ ~ \. MARANA TOWN COUNCIL STUDY SESSION MINUTES COUNCIL CHAMBERS 11555 W. Civic Center Drive, Marana, Arizona 85653 Date: August 10, 2010 Time: 6:04 P. ni. Ed Honea ,Mayor Herb Kai, Vice M~yo-- Russell Clanagan, Council Member Patti Comerford, Council Member Carol McGorray; Council 11cmber Jon Post, Council Mcn~hcr Roxanne Ziegler, Council ~lcmbcr ACTION MAY BE TAKEN BY TH 1. C O [ ! N C' 1 L O N : ~ N 1' ITEM LISTED ON THIS t~(:~NUA. Revisions to the aacnda can occur up to 24 hours prior to the meeting. Revised agenda items appear in iiuli~s. The Council Chambers are wheelchair and handicapped accessi~le..an~ Person who, b~ 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 s~-ecial services are available upon prior request to the ToH~n Clerk at least 10 ~~orking days prior to the Council meeting. A. CALL TO ORDER/ItOLL CALL Called to order by M;t~ or Honea at 6:04 p.m. Town Clerk Bronson called roll. All Council Men~hers ~~ crc present except Vice Mayor Kai, who was excused. B. PLEDGE OF ALLEGIANCE Led by Mayor Honea. C. APPROVAL OF AGENDA Motion to approve moved by Council Member McGorray, second by Council Member Post. Motion carried unanimously. D. DISCUSSION/DIRECTION/POSSIBLE ACTION Regular Council Meeting -August 17, 2010 -Page 40 of 148 1. Presentation: Marana Chamber 2010 Year End Review Presented by Ed Stolmaker, Marana Chamber of Commerce President/CEO. Mayor Honea commended Mr. Stolmaker for retaining so many memberships during a difficult economic time. Z. Presentation: Relating to Development; discussion of and feedback on proposed draft Marana Regional Landfill. Development Agreement Frank Cassidy noted that the town received some additional. feedback on the development agreement (DA) and there were additional negotiations since the version of the DA was placed on the dais was prepared. I Ie went over a list of items, including a reversion provision in Section 4 icu reversion after five years unless the developer is in the permitting process. Aftzr recent discussions, the reversion period is now a flat eight years. Mai err 1-Ionea asl:cd the Council to bring up questions or concerns as Mr. Cassidy ~~~~cs through his presentation. The next change was CPI less energy and ho~~~ it relates }o the host fee. The host fee will be four percent but not less than $LZO ~i ton. l~hat seems to be the simplest way to do it. On this item, Mr. Huckelberry sent a letter which was received late this afternoon and from Janice Mitich. Mr. ] Iucl:clberry suggests that four percent was low compared to ti~ hat the connt~ hay s to Sahuarita. Mayor Honea indicated that Mayor Skelton (Sahuarita) saes the county i~ paying nothing right now. Mr. Cassidy continued with the third item ~~ hich is Exhibit E, the map of areas outside the town that get to participate in the free dump days and that are subject to having the container roll-t~f~f s placed in neighborhoods. Feedback is being requested from Cou~lcil as to what areas they would like included, within reason. Cowuil ~7cmbcr McGorray «~uld like to see what neighborhoods are being proposed. Nla~~or Honea stated that there are three neighborhoods that would dc(`initel~ he included: }lappy Acres, Silverbell West and the Rillito nei~rhhurhood. 1 hey ~~~ere looking a little bit at the folks west of the proposed site -Green Acres and 1=;1 Tiro - ~~~hich are considered Marana residents as well. Mr. Cassidy said the hi~~ ru~ea in question is Silverbell West and further west. Those additional areas to the west would be included. Another item discussed is the custorl~er ~~ehicle flat Ices provision. That has been deleted -the area limitation - and also nc~~otiatc~i Some additionallanguage for the customer vehicle flat fees provision. The de` eloper has agreed to add a provision that it's open to the public during all business hours including four hours on Saturday, except holidays. Those are the keys points since they last came to Council. There are lists of other comments from others that have not yet been analyzed. Council Member McGorray asked for clarification on the flat fees for Marana fees versus other residents. For the free dump days that only applies. to Marana residents and those in the Exhibit E areas. Michael Racy also responded on how to identify those who are able to deposit at the site. Mr. Cassidy stated that there has been some comment from the public that the development agreement be sent to the Planning Commission for their review and recommendation since there has been so much. revision. We don't normally do that, but under these circumstances, we would Regular Council Meeting -August 17, 2010 -Page 41 of 148 recommend that since the issue has been raised and since there is a provision in our code to do that, there is no reason not to do that approach. Motion moved by Council Member Comerford to send the amended development agreement back to the Planning Commission for review and recommendation, second by Council Member McGorray. Motion carried unanimously. 3. Presentation: Discussion of proposed changes to Title 16 (Signs) of the Marana Land Development Code and other possible regulations addressing signs in the public right-of--way Presented by Cedric Hay. He noted that in 2006 iherc ~~ as a study done for the Land Development Code to revise it, adopt it and mcr~c it into the Town Code. The Sign Code, the SLUC and the Kiosk Program arc areas that have been identified that need immediate attention and hay c been brought before Council. Regarding the Sign Code, the kiosk provision; ha~~c been removed, and it has been made more user-friendly. Redunda-~cic haer been removed. 1 he Planning Commission unanimously recommended bringing it forward to Council today. He also discussed Oro Valleti's program is designating certain areas where non- commercial and political signs can he posted. Signs posted in those areas do not require permits, so must be mot~iu~rcd >?y town staff to enure compliance. This has been something of an enforcement issue for them and Marana staff is not advocating for a similar system. Council i\lcmber ('lanagan asked about signs saturating neighborhoods and major routes, and ~wuuld these revisions assist with that. Mr. Hai- rc~ponded affirmatively that itshould help the developers as well as our enforeement tai l: The changes ~~~ill be brought forth for adoption on September 7. 111oti~~n itac->c~d by Currncil Alcmber Clanagan to bring this item back for uclnption on Sc~~lennc~~r 7, 2010, second by Council Member McGorray. Motion cx~rried unanimously. 4. Presentation: Relatin~~ to Finance; preliminary financial results for fiscal year 2009-2Q ! O Presented by l;rik Montague. No action taken. 5. Presentation: Relating to Personnel; update by staff relating to a professional services agreement with Waters-Oldani Executive Recruitment consulting firm to perform executive search services for the positions of Chief of Police and Assistant Town Manager Presented by Suzanne Machain. No action taken. Regular Council Meeting -August 17, 2010 -Page 42 of 148 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. ADJOURNMENT Motion to adjourn moved by Council Member Clanagan, second by Council Member Posh Motion carried unanimously. The meeting was adjourned at 7:09 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Study Session of the Marana Town Council meeting held on August 10, 20l (l. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk Regular Council Meeting -August 17, 2010 -Page 43 of 148 ~~~~~ ~ ~~ i:n~'s..~.i. MFRS>-L... 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, August 17, 2010, 7:00:00 PM To: Mayor and Council Item B 1 From: Erik Montague ,District Treasurer and Chief Financial Officer Strategic Plan Focus Area: Not Applicable Subject: Resolution No. GFCFD 2010-03: [Marana Town Council acting as the Board of Directors of the Gladden Farms Community Facilities District]: Consideration and possible adoption of a resolution supplementing the resolution authorizing the sale and issuance of not to exceed $1,750,000 aggregate principal amount of general obligation bonds of the district adopted on September 3, 2008 Discussion: Gladden Forest, LLC, developers of the Gladden Farms project located at the intersection of Moore and Postvale Roads, has submitted a feasibility report in support of a proposed not to exceed $1.75 million General Obligation bond sale. Proceeds from the bond sale will be used to acquire portions of Gladden Farms Community Park. The park includes tot-lots with play equipment, baseball and soccer fields, picnic benches, a bathroom facility, parking lot and extensive landscaping and hardscaping. Park costs include all construction, construction observation, engineering and landscape design. The bond sale will maintain an ad valorem tax levy of $2.50 per $100 of net secondary assessed valuation (SAV) for all properties located within the District boundaries. The proposed tax levy of $2.50 is strictly for the repayment of the bonds and does not include an operations and maintenance tax of $.30 per $100 of SAV. The combined tax levy will result in annual property taxes of approximately $560 for a home valued at $235,000. To maintain the tax levy at $2.50 and to ensure payment of the annual debt service, Gladden Forest, LLC will execute a Standby Contribution Agreement and a Payment Agreement. The latter document stipulates that the developer will maintain a deposit of cash adequate to meet the maximum annual debt service coverage requirements. The bond sale, including the parameters of the bond transaction as described above, is in accordance with development agreement executed between the District and the developer upon formation of the District. Further, both Michael Cafiso and Mark Reader are in support of the bond transaction as outlined above. Mr. Cafiso and Mr. Reader are the District's bond counsel and financial adviser, respectively. Financial Impact: Regular Council Meeting -August 17, 2010 -Page 44 of 148 The bond sale is structured to maintain an ad valorem tax levy of $2.50 per $100 of net secondary assessed valuation (SAV) for all properties located within the District boundaries for the repayment of the bonds. ATTACHMENTS: Name: Description: Type: ~ 329427986_y_i_RESOLUTION_SUPPLEMENTING_BOND_RESOLUTION- GFCFD Resolution Resolution GLADDEN_FARMS.DOC Staff Recommendation: Staff recommends adoption of Resolution No. GFCFD 2010-03. Suggested Motion: I move to adopt Resolution No. GFCFD 2010-03, supplementing the resolution authorizing the sale and issuance of not to exceed $1,750,000 aggregate principal amount of general obligation bonds of the district adopted on September 3, 2008. Regular Council Meeting -August 17, 2010 -Page 45 of 148 RESOLUTION GFCFD N0. 2010-03 (GLADDEN FARMS COMMUNITY FACILITIES DISTRICT) A RESOLUTION OF THE DISTRICT BOARD OF GLADDEN FARMS COMMUNITY FACILITIES DISTRICT SUPPLEMENTING THE RESOLUTION AUTHORIZING THE SALE AND ISSUANCE OF NOT TO EXCEED $1,750,000 AGGREGATE PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS OF THE DISTRICT ADOPTED ON SEPTEMBER 3, 2008 BE IT RESOLVED BY THE DISTRICT BOARD OF GLADDEN FARMS COM- MUNITY FACILITIES DISTRICT as follows: 1. Findings. a. Gladden Farms Community Facilities District (hereinafter called the "District") is authorized by Section 48-719, Arizona Revised Statutes, as amended, to sell and issue general obligation bonds of the District to provide moneys for public infrastructure purposes consistent with -The General Plan of Gladden Farms Community Facilities District. b. The district board of the District, by Resolution No. GFCFD 2008-03 adopted on September 3, 2008 (hereinafter referred to as the "Bond Resolution"), determined to authorize the sale and issuance of the Fourth Series of Bonds (as such term and all other, undefined terms used herein are defined in the Bond Resolution) to provide funds for any and all of the public infrastructure purposes provided for by the Act to the extent authorized in the Election. c. The Bond Resolution provided that the dated date for the Fourth Series of Bonds be not later than December 1, 2008, Regular Council Meeting -August 17, 2010 -Page 46 of 148 and, with that being the case, that designations of necessary documents and funds and accounts include "Series 2008" in their titles. d. Due to then existing market conditions, the Fourth Series of Bonds were not issued during calendar year 2008. e. In the meantime, it has been determined that the Fourth Series of Bonds will receive one of the four highest investment grade ratings by a nationally recognized bond rating agency and therefor may be sold in a public offering for purposes of the Act and all other purposes. f. There have been placed on file with the District Clerk of the District and presented to the District Board in connec- tion with the updated, purposes form of the Preliminary Official Statement. 2. a. Approval of Sale and Issuance of Fourth Series of Bonds. All references in the documents approved by the Bond Resolution to "Preliminary Limited Offering Memorandum" shall instead be to "Preliminary Official Statement" and to "Final Limited Offering Memorandum" shall instead be to "Final Official Statement", and all provisions for transfer restrictions in the documents provided for by the Bond Resolution shall be deleted. In addition to the determinations to be made by him pursuant to the Bond Resolution, the District Chief Financial Officer is hereby authorized and directed to determine on behalf of the District: (1) the dated date (but not later than December 1, 2010) of the Fourth Series of Bonds and (2), correspondingly, whether the Fourth Series of Bonds and the 2 Regular Council Meeting -August 17, 2010 - Page 47 of 148 documents and funds and accounts provided for or established by the Bond Resolution and the documents approved thereby should include in their titles "Series 2010" or "Series 2011." b. Distribution of Disclosure Documents. 1. The distribution by the Underwriter of the Preliminary Official Statement is hereby authorized and directed, and the District Chief Financial Officer is hereby authorized and directed to prepare, or cause the preparation of, and to execute the Final Official Statement for the Fourth Series of Bonds, to be dated even date with their sale, and the distribution of the Final Official Statement by the Underwriter is hereby approved. 2. The District Chief Financial Officer is hereby authorized to deem the Preliminary Official Statement "final" as of its date for purposes of Section 240.15c2-12, General Rules and Regulations, Securities Exchange Act of 1934, as amended. In that respect, the District Chief Financial Officer is further authorized to modify, or authorize the modification of, the Preliminary Official Statement. 3 Regular Council Meeting -August 17, 2010 -Page 48 of 148 3. Ratification of the Bond Resolution. The Bond Resolution is, in all other respects, hereby ratified and confirmed. 4. Repeal of Resolution. After any of the bonds of the Fourth Series of Bonds are delivered by the Trustee to the Underwriter upon receipt of payment therefor, this Resolution shall be and remain irrepealable until the bonds of the Fourth Series of Bonds and the interest thereon shall have been fully paid, canceled and discharged. 5. Severability; Amendment; Effective Date. a. If any section, paragraph, clause or provision of this Resolution shall for any reason be held to be invalid or unen- forceable, the invalidity or unenforceability of such section, para- graph, clause or provision shall not affect any of the remaining pro- visions of this Resolution. b. All resolutions or parts thereof inconsistent herewith are hereby waived to the extent only of such inconsistency. c. This Resolution shall be effective immediately. 4 Regular Council Meeting -August 17, 2010 -Page 49 of 148 PASSED by the District Board of Gladden Farms Community Facilities District this 17th of August, 2010. ATTEST: District Clerk, Gladden Farms Community Facilities District APPROVED AS TO FORM: ................................ District Counsel, Gladden Farms Community Facilities District ...................................... Chairperson, District Board, Gladden Farms Community Facilities District PHX329, 427, 986v1 072710 5 Regular Council Meeting -August 17, 2010 -Page 50 of 148 ~" t~ ~r~~~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, August 17, 2010, 7:00:00 PM To: Mayor and Council Item A 1 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: Staff Recommendation At the August 10, 2010 study session, the Town Council directed that the proposed development agreement be referred to the Planning Commission for consideration. Therefore, staff recommends that the Council continue this rezoning matter in order to allow consideration of the rezoning and the development agreement at the same council meeting. Since we do not have a specific date for the development agreement's consideration by the council, staff will re-notice the public hearing for this item in conjunction with the development agreement once a date is determined. Continuance This Public Hearing item was heard at the July 20, 2010 Regular Council Meeting. The council unanimously continued the item to the August 17th meeting. 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'h 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. Regular Council Meeting -August 17, 2010 -Page 51 of 148 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. A portion of the adjacent property to the south is zoned Marana 'RD-180' (Rural Development -minimum lot size of 180,000 square feet) and the remaining portion is 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 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 buffer yards 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 buffer yards 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 1987, 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 Regular Council Meeting -August 17, 2010 -Page 52 of 148 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. The rezoning site analysis has preliminarily addressed the access and circulation issues associated with this project, and Town staff and their consultants have begun the review of a Traffic Impact Study for the project. Both off-site and on-site circulation will be reviewed more thoroughly during the development review process. The review of the Traffic Impact Study must be completed and accepted by the Town. prior to approval of a development plan. Infrastructure On-site wells will provide for construction water, dust control, fire suppression and other non- potable uses. 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 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 Marana 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 Marana 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 initially scheduled for this request (July 20, 2010) 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 Marana Municipal Complex, Marana Operations Center, and the Continental Ranch and Heritage Highlands recreation centers. Due to the Mayor and Town Council's unanimous vote to approve a continuance to a date specific meeting, no additional advertisement was published in the newspaper and no additional notice was provided by mail to property owners within 300 feet of the subject property. A revised Public Hearing notice was posted at the Marana Municipal Complex as well as on the Town's website. Regular Council Meeting -August 17, 2010 -Page 53 of 148 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: Description: O Ordinance 2010 XX MRL.DOC Ordinance - - _ _.. ~ PCZ- 09057 Marana_Regional_Landfll = PCZ-09057 Marana Regional Landfill SP-207 Waiver 207 Waiver.DOC ^ Exhibit A.pdf Exhibit A, Legal Description ~ Specific Plan_Revised Sheets_II- . . 44~IV-3~V-3.pdf Specrfic Plan Revised Sheets O PCZ-09057. Marana Regional Landfill_SP - Applcation.pdf ~ PCZ-09057_Location_Map.pdf D 022410 pzmn.pdf O File_Viewing,doc PCZ-09057 Marana Regional Landfill -Application Location Map Planning Commission Minutes 2-24-2010 File Viewing Staff Recommendation: Type: Ordinance Exhibit Exhibit Backup Material Backup Material Backup Material Backup Material. Backup Material Should the Mayor and Town Council desire 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; Regular Council Meeting -August 17, 2010 -Page 54 of 148 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 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 Regular Council Meeting -August 17, 2010 -Page 55 of 148 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 2,145 (165 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 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. During the development review process, the developer /landfill owner shall submit a plan to the Town that addresses the use of back-up alarms or warning devices on the commercial vehicles operating at the landfill site. The Town shall have the final authority to determine acceptability of all such devices as well as the allowable hours of use. 28. 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. 29. 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 Regular Council Meeting -August 17, 2010 -Page 56 of 148 size of 180,000 square feet) to `F' Specific Plan, adopting the Marana Regional Landfill Specific Plan, with the recommended conditions. Suggested Motion: OPTION 1: I move to continue Ordinance 2010.11 to a future 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 -August 17, 2010 -Page 57 of 148 MARANA ORDINANCE N0.201011 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 ofAvra Valley Road, one mile east of Trico Road, and % 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 Le Page -Wood excused), to recommend that the Town Council approve this rezoning; and, WHEREAS the Marana Mayor and Town Council heard from representatives of the owner, staff and members of the public at the regular Town Council meeting held July 20, 2010, and voted unanimously to continue Ordinance 2010.XX until August 17, 2010; and, WHEREAS the Marana Mayor and Town Council heard from representatives ofthe owner, staff and members of the public at the regular Town Council meeting held August 17, 2010, and determined that the rezoning should be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council, of the Town ofMarana, 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 Regular Council Meeting -August 17, 2010 -Page 58 of 148 Marana Ordinance No. 2010.11 - 1 - {.DOC /} 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 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 staffbased 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 ofthe 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 property owner shall transfer with the Regular Council Meeting -August 17, 2010 -Page 59 of 148 Marana Ordinance No. 2010.11 - 2 - {_DOC /} 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. 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. During the development review process, the developer /landfill owner shall submit a plan to the Town that addresses the use of back-up alarms or warning devices on the commercial vehicles operating at the landfill site. The Town shall have the final authority to determine acceptability of all such devices as well as the allowable hours of use. 28. 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. 29. No lot split of any kind is allowed within the Rezoning Area without the written consent of the Town of Marana. Regular Council Meeting -August 17, 2010 -Page 60 of 148 Marana Ordinance No. 2010.11 - 3 - {.DOC /} 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 et seq., and specifically A.R.S. § 12-1.134) 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 1 T1i day of August, 2010. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regular Council Meeting -August 17, 2010 -Page 61 of 148 Marana Ordinance No. 2010.11 - 4 - {.DOC /} 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 August 2010. STATE OF ARIZONA ) SS. County of Pima ) H. KAI FAMILY NG1, L.L.C., an Arizona limited liability company BY: Herbert Kai, Manager The foregoing instrument was acknowledged before me on August , 2010, by Herbert Kai, Manager of H. KAI FAMILY NGI, L.L.C., an Arizona limited liability company, on behalf of the L.L.C. My commission expires: Notary Public - 1 - 8/ !2010 _:_ AM BDV/FC Regular Council Meeting -August 17, 2010 - PNl~-4dn~a~g~o`h~al Landfill Specific Plan -Prop 207 Waiver All that certain real property situate in the County 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: Bcc~s4r~igp at the southeast comer 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; Thertee 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 comer thereof; ence 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 comer 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 comer thereof, common with the southwest comer of said Govemment 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' 52" E, 1317.91 feet to the southeast corner thereof, marked by an aluminum capped rebar, RLS 26932; Thr~c 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; fihenc 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; ContF °ni 589.885 ACRES of land (more or less) ~t~ject tee and together with all matters of public record Basis of eavng;: 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. =-~ t~,°= f~` j:~ ~.d~ t`~ ~j ~, ~'`~ 5 ` ~ .~`: ku ~` ;t€~33,~ ~ 111 ','~-~ Expires: 3-31-2011 Page: 1 of 1 Date; July 9, 2010 Project: 4309 HE-3 i LAND SURVEYING SERVICES P.O. Box 12612 -Tucson, AZ 85732 Phone (520) 512-0666 Fax (520) 512-1666 surveys~a settlemeyer.tuccoxail.com Regular Council Meet+rrg--~A~gust 17, 2010 -Page 63 of 14E; - IUlarana I~e~ianai Landfill S~erific, Pion Development Standards ---Industrial .Minimum Lot Area: None Maximum Lot Coverage: None Maximum Flcar Area Ratio: None Maximum Building Height: 40 feet Maximum Elevation:~~,',~~65 felt above mean sea level (the maximum height will be approximately ~g~`-96a het fram the existing elevafion at the midpoint of the south property line} P~~~xil~~tir~t_~iverage f~ieic~ht of L~~rZdfiiGf;_,1 ~~t till Area {area of active landf<{ling) Setback: 200 ft, Minimum Building Setback fi-om Property Line:. 900 ft. Minimum Building Setback fram any Interior Drive: None Building Separation: Per Building Code b. Open Space {QS} Purpose The purpose of the 05 zone is to provide for the restoration and preservation of the East Branch Brawley Wash and allow for buffer zone adjacent to surrounding properties, Permitted uses Permitted uses include fhe following; Trails Stortr~water Basin Drainage Channels Screening Berm Perimeter Road , Landscaping Evaporation Basins (outside of floodplain areas} Development Standards Minimum Lot Area: None Minimum Lot Depths None Minimum Lot Width: None It1laximum Lofi Coverage. None Development IZegulatlons IV-3 Regular Council Meeting -August 17, 2010 -Page 64 of 148 Parana R~c~ional ~anc~(ill Specific; PI~It7 2, S~ab~tanfidal ~h~~ge Phis Specific Plan may be substantially emended by the procedure outlined in the Town of Marano Land Development Code, Tine 17 Section 05.06.017, Specific Plan Changes. The owner or agent of the property may submit to the Planning director a, written application to amend one or more of the Specific Plan regulations. Depending an the type of request, the Planning Direcfor may determine the request. to be a substantial change to the Specific Pian, A substantial change requires the applicant to submit all sections or portions at the Marano Regional f.andflil Specific Plan that are affected by the changes}. After review, the Planning ©irector shad refer the request to amend with his recommendations to the Planning Commission for noticed public hearing. The Planning Commission shall make its recommendation to the Town Gauncil which, after public hearing, shall approve,. reject, or modify the proposed amendment. ~ ~~ Ir7~t>lenientatian and f~drr~inistration V 3 Regular Council Meeting -August 17, 2010 -Page 65 of 148 1~larana I~~gior~a! Lc~~~dfill Specific Plan `~. ~ --` ~x~t'hi# (l..J.1: ~~cr~~t~otr ~ne9 ~ch~ool~ I ' ; , { ~.. I ~ i ~ ii;, ~ d a ~~ ~ ~~ - f ~ ' '~ 4. ~ ~~. 4 f ,. + E I ~ ~ r r , ~ f f .... ~: ~ ~ 1 ~'t ~ ` i r ~ t , ~ [. - ~ ~ '. ~ O 2 o u ~ ~ - ~ ~ ~ i g J i t u u ? ~r 6 c ~ ~ I k....... ...~. ~ .......,,,....,...M.,,...M..~r ~ '. c~ r & f ~... .^ ~ ' - ~i K a J E. ~ / i ;:, f ~~ f ~ r F .. _ f ^~nv~;, v ~i~E y Ez~~ ~~i .i ~-.-. . .~ ~ f _ , ~ ' 1 ± l' ~~ ~.~~~~~ 5ita Beunc3~ry ~ durisdieGc~i Bounti«iy `~~ ~rv~osed T€alls ~ -~ ®Oue Nile Radius - halarana Schoot (district ,Source: 2010 Drt~iF t~taruria F= rks. ns r ~::;~ ~ ~ ~~~-~' ~ ~ 7eaiE 7raiSs a~tcf ~l~ei~ ---a Space toast@r p(an3 ~~ C ~ _ _.. _ << E. ... l~evelo~rr~~r7fi Capab€lity Rept~rt l~-~~ Regular Council Meeting -August 17, 2010 -Page 66 of 1"48 ~ ' '~~ MARANA ~~i ~ii~ PLANNING & ENGINEERING APPLICATION ~ ~~ ~~~` 1. TYPE OF APPLICATION (Check One) ^ Preliminary Plat ^ Final Plat ^ General Plan Amendment ^Variance ^ Development Plan ^ SWPP ^ Landscape Plan ^ Native Plant Permit ^ Specific Plan Amendment ^ Conditional Use Permit ®Rezone/Specific Plan ^ Native Plant Exception ^ Significant Land Use Change ^ Minor Land Division ^ Water Plan ^ Annexation ^ Improvement Plan s ecif~v pe in Description of Project box*) ^ Other 2. GENERAL DATA RE UIRED 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 Marana 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* Marana Regional Landfill will include landfilling and ancillary land uses that will serve the area's current and future solid waste dis sal demands. Property Owner Consolidation Trust Street Address 2305 W. Ruthrauff Rd City State Zip Code Phone Number Fax Number E-Mail Address Tucson AZ 85705 Contact Person Phone Number / E-mail Herbert Kai & John Kai Applicant DKL Holdings, Ina 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 / E-mail Larry Henk pwslanry@msn.com AgenURepresentative 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. AUTHORIZATION 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 writir(~ by the owner to file this application and checklist. (If not owner of record, attach written authorization from the owner.) ,~ ` >' i =' { d `i~" Print Name of A licant/A ent Si nature a t e 11555 W. Civic Center Drive, Bldg. A2^Marana, AZ 85653-7003^Telephone (520) 382-2600•Fax (520) 382-2641 Regular Council Meeting -August 17, 2010 -Page 67 of 148 ~~~-~~~~ Marana Regional Landfill ' ~ Specific Plan _ ~} CASE PCZ-09057 , -, x g:. p~.~ ~ W BERRY ST o M ~' - tr -~ 'i` ~ ~_F W GRIER R yb' 1a1ARANA RD =~. z D - ~ D ~ S,~- I1 ~ 'c~,p ~ ~ D ~~<< ~ ~ ~ W 6ARNETT RD O- ~ ~ w ~~'°~•~m, i ~ Q W MOORE RD , 7 ~~ W ELTIRO RD BL ' / . _, S °~ eF<~ O ~O ~ ~K ~~ ! ~ ~ Subject Property ~ . W AVRA VALLEY RD ~~O ~ ~ ~ JP~~ ~ ~ `i~P ~ W TWIN P EAKS RD Z ~ F z z D Request o ssoo 7ooon. 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, are the responsibility of the user. In no event shall The Town of Marana become liable to users of these correct or complete a n d conclusions dra wn from such inform i n a t o d a t - ~ n d r t~ da~~ou~a~~oun~~ Ivlee~innY I~u ustir~t, j~,~r~ct,~~pee b'tf of ~fat~l or consequential damages, including but not limited to time, money or goodwill, arising from the MINUTES REGULAR MEETING OF THE MARANA PLANNING COMMISSION February 24, 2010 '~, Marana 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. 11./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 I 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 -August 17, 2010 -Page 69 of 148 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 -August 17, 2010 -Page 70 of 148 2 MINUTES REGULAR MEETING OF THE MARANA PLANNING 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 Schisler 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 eyular Council Meeting -August 17, 2010 -Page 71 of 148 3 --~ MINUTES REGULAR MEETING OF THE MARANA PLANNINCr 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 -August 17, 2010 -Page 72 of 148 4 MINUTES REGULAR MEETING OF THE MARANA PLANNING COMMISSION February 24, 2010 Marana Mwiicipal 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 to be provided along the roadways without private garage access. On page 73 you state all residences will have rear entry garages. Do all the residents have a garage? egular Council Meeting -August 17, 2610 -Page 73 of 148 5 MINUTES REGULAR MEETING OF THE MARANA PLANNING COMMISSION February 24, 2010 Marana 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 -August 17, 2010 -Page 74 of 148 MINUTES REGULAR MEETING OF THE MARANA PLANNING 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 30th. 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 ~~leeting -August 17, 2010 -Page 75 of 14° 7 MINiJTES REGULAR MEETING OF THE MAI2ANA 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 1 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 egular Council Meeting -August 17, 2010 -Page 76 of 148 MINUTES REGULAR MEETING OF THE MARANA PLANNING COMMISSION February 24, 2010 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 -August 17, 2010 -Page 77 of 148 (~ MINUTES REGULAR MEETING OI' THE MARANA PLANNING COMMISSION 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 -August 17, 2010 -Page 78 of 148 1 O 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 -August 17, 2010 -Page 79 of 148 11 MINUTES REGULAR MEETING OF THE MARANA PLANNING COMMISSION February 24, 2010 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 -August 17, 2010 -Page 80 of 148 IZ MINUTES REGULAR MEETING OF THE MARANA PLANNING COMMISSIO\! 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 is completely 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. F~egular Council Meeting -August 17, 2010 -Page 81 of 14S 13 MINUTES REGULAR MEETING OF THE MARANA PLANNINCr COMMISSION February 24, 2010 Marana 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 -August 17, 2010 -Page 82 of 148 14 MINUTES REGULAR MEIJTING 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 -August 17, 2010 -Page 83 of 148 ~ l~ MINUTES REGULAR MEETING OF THE MARANA PLANNING COMMISSION 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 I 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 -August 17, 2010 -Page 84 of 148 ~ 6 MINUTES REGULAR MEETING OF THE MARANA PLANNING COMMISSION February 24, 2010 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 1/z 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 1/z 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 1/z 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 -August 17, 2010 -Page 85 of 148 ~ 7 MINUTES REGULAR MEETING OF THE MARANA PLANNING COMMISSION 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 -August 17, 2010 -Page 86 of 148 ig .MINUTES REGULAR MEETING OF THE MARANA PLANNING COMMISSION February 24, 2010 Maran;i 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 '/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. l 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 -August 17, 2©10 -Page 87 of 14?; MINUTES REGULAR MEETING OF THE MARANA PLANNING COMMISSION Februar}~ 24, 2010 Marana Municipal Complex growing towards. It has residential development all around the Chandler Landfill. Less than 1/z mile away is Mr. Hank's house. We had lots of questions about, `would you like to live within'/z a mile'; well Mr. Hank is within a'/2 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 riot 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 -August 17, 2010 -Page 88 of 148 ZU I 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. 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. I 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 -August 17, 2010 -Page 89 of 148 21 MINUTES REGULAR MEETING OF THE MARANA PLANNING COMMISSION hebruary 24, 2010 Marana Mwiicipal Complex Silverbell Ranch. In Gladden Farms l 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 4th. 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 Brawley 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 -August 17, 2010 -Page 90 of 148 ZZ MINUTES REGULAR MEETING OF THE MARANA PLANNING COMMISSION February 24, 2010 Marina 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. Frorn 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 bteeiing -August 17, 2010 -Page 91 of 148 Z MINUTES REGULAR MEETING OF THE MA1tANA PLANNING COMMISSION February 24, 2010 Marana 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 Marana 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 -August 17, 2010 -Page 92 of 148 24 MINUTES REGULAR MEETING OF THE MARANA PLANNING 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 -August 17, 2010 -Page 93 of 148 ~ ~ MINUTES REGULAR MEETING OF THE MARANA PLANNING 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 is completely 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 Counci~ tvfeeting -August 17, 2010 -Page 94 of 148 2~ MINUTES REGULAR MEETING OF THE MARANA PLANNING COMMISSION 'i February 24, 2010 Marana Municipal Complex ~I 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 -August 17, 2010 -Page 95 of 148 ~7 MINUTES REGULAR MEETING OF THE MARANA PLANNING COMBIISSION February 24, 2010 Marana 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 Marana. 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? Michael 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 -August 17, 2010 -Page 96 of 148 Zg, MINUTES REGULAR MEETING OF THE MARANA PLANNING COMMISSION February 24, 2010 Marana Municipal Com~.-lex 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 Pv7eeting -August 17, 2010 -Page 97 of 143 12(J MINUTES REGULAR MEETING OF THE MARANA PLANNING COMMISSION February 24, 2010 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? egular Council Meeting -August 17, 2010 -Page 98 of 148 30 MINUTES REGULAR MEETING OF 'I'HE MARANA PLANNING COMMISSION February 24, 2010 Marana Municipal Complcx 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 Council Meeting -August 17, 2010 -Page 99 of 148 31 MINUTES REGULAR MEETING OF THE MARANA PLANNING COMMISSION 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 Ibs. 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 -August 17, 2010 -Page 100 of 148 32 MINUTES REGULAR MEETING OF THE MARANA PLANNING COMMISSION February24, 2010 Marana 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. ip ma.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. 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 -August 1 7, 2010 -Page 101 of 148 '>; ]; -~ MINUTES REGULAR 1~1EETING OF THE MARANA PLANNING COMMISSION February 24, 201(1 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 -August 17, 2010 -Page 102 of 148 34 MINUTES REGULAR MEETING OF THE MARANA PLANNINCT 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.- August 17, 2010 -Page 103 of 148 3 ~ MINUTES RIJGULAR MEETING OF THE MARANA PLANNING COMMISSION Tebruary 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 I 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 -August 17, 2010 -Page 104 of 148 3~ MINUTES REGULARn~IEETING OF THI. MARANA PLANNING COMMISSION! February 24, 2010 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 '/z 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 Council Meeting -August 17, 2010 -Page 105 of 148 ~'~ MINUTES REGULAR MEETING OF THE MARANA PLANNING COMMISSION 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 -August 17, 2010 -Page 106 of 148 3x MINUTES REGULAR MEETING OF THE MARANA PLANNING COMMISSION February 24, 2010 1larana 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. 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. egular Council Meeting August 17, 2010 -Page 107 of 148 39 MINUTES REGULAR MEETING OF THE MAItANA PLANNING COMMISSION I'ebruary 24, 2010 Marana 1Vlunicipal 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 Marana 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 -August 17, 2010 -Page 108 of 148 ~~ MINUTES REGULAR MEETING OF THE MARANA PLANNING COMMISSION February 24, 2010 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 -August 17, 2010 -Page 109 of 14$ 41 MINUTES REGULAR MEETING OF THE MARANA PLANNING COMMISSION February 24, 2010 Marana 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 ftoodplain can easily be mitigated based on their research. Why does Pima County disagree? egular Council Meeting -August 17, 2010 -Page 110 of 148 -~Z 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 into 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 -August 17, 2010 -Page 111 of 148 4,3 MINUTES REGULAR 1VIEETING OF THE MARANA PLANNING COMMISSION 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 -August 17, 201 G - Fage 112 of 148 44 MINUTES REGULAR MEETING OF THE MARANA PLANNING COMMISSION February 24, 2010 Marans~ A~lunicipal 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 a~ the landfill. I 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. 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. egular Council Meeting -August 17, 2010 -Page 113 of 148 ;~; MINUTES REGULAR MEETING OF THE MARANA PLANNING COMMISSION 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. I 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 pasta 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 -August 17, 2010 -Page 114 of 148 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 -August 17, 2010 -Page 115 of 148 9,7 MINUTES REGULAR MEETING OF THE MARANA PLANNING COMMISSION February 24, 2010 Marana 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 Marana 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 -August 17, 2010 -Page 116 of 148 ~~ MINUTES REGULAR MEETING OF THE MARANA PLANNING 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. l live in Silverbell West. Everyone who has spoken previous to me has stolen all my power and my points. I 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 -August 17 2010 -Page 117 of 148 49 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 1/2 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 -August 17, 2010 -Page 118 of 148 1t~ MINUTES REGULAR MEETING OF THE MARANA PLANNING COMMISSION February 24, 201[) 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 -August 17, 2010 -Page 11 g of 14b ~l --~ MINUTES REGULAR MEETING OF THE MARANA YLANNINU COMMISSION Februar3~ 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 if 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 -August 17, 2010 -Page 120 of 148 5~ MINUTES REGULAR MEETING OF THE MARANA PLANNING COMMISSION ~'~ February 24, 2010 ~~ Marana 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 -August 17, 2010 - Fage i21 of 148 ti MINUTES REGULAR MCETING 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. I don't know; we are not there yet. I would just think about that. egular Council Meeting -August 17, 2010 -Page 122 of 148 54 MINUTES REGULAR MEETING OF THE MARANAPLANMNG 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. 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 Plana 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 -August 17, 2010 -Page 123 of 148 55 MINUTES REGULAR MEETING OF THE MAKANA 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 -August 17, 2010 -Page 124 of 148 Jr6 MINUTES REGULAR MEETING OF THE MARANA PLANNING COMMISSIO\' 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 - August i 7, 2010 -Page 125 of 148 ~'~ 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 -August 17, 2010 -Page 126 of 148 Sg MINUTES REGULAR MEETING OF THE MARANAPLANNING 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 9'h. 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. l 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 budgetCa)marana.com. We have been taking in a number of different good suggestions that we are following up on. 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 -August 17, 2010 -Page 127 of 148 ~(~ MINUTES REGULAR MC~TING OF THE 'I 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 -August 17, 2010 -Page 128 vi 145 ~~~ 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 I 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. // ~F. Sandra L. Morrison Planning Commission Secretary Meeting Length 4 hrs 3 mins egular Council Meeting -August 17, 2010 -Page 129 of 148 ~~ 1 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 -August 17, 2010 -Page 130 of 148 ~° ~+ ~~~' - ~~,~ I~I~~ '~~ 11`#3f °r+t 4APJ4.~.. 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, August 17, 2010, 7:00:00 PM To: Mayor and Council Item A 2 From: Frank Cassidy ,Town Attorney Strategic Plan Focus Area: Commerce Subject: Resolution No. 2010-80_Relating to Development; approving and authorizing the Mayor to execute the First Amendment to Marana Spectrum Development Agreement Discussion: On December 18, 2007, the Mayor and Council adopted Marana Resolution No. 2007-229, approving and authorizing the Mayor to sign the Marana Spectrum Development Agreement. Since then, the economy has worsened and the construction of the Twin Peaks/I-10 traffic interchange project is nearly completed. Town staff has been in negotiations with the Marana Spectrum project's Owner/Developer to modify the terms of the original DA. The Owner/Developer needs the amendment to allow additional time for construction of the development project during the current economic downturn. Town staff has expressed a willingness to recommend flexibility with the project construction date, as long as the Owner/Developer makes an up-front payment for the Twin Peaks/I-10 traffic interchange and other related public improvement costs and as long as interest does not accrue on that up-front payment until the development project is open for business. The proposed First Amendment to Marana Spectrum Development Agreement accomplishes these mutually beneficial purposes and makes other related and conforming revisions to the agreement. These changes were discussed in detail at the July 27 Council study session on this item. The only additional substantive change made to the draft presented at that meeting is that the interest rate has been reduced from 6.5% to 5%. The Owner/Developer had previously agreed to this interest rate reduction, but it was inadvertently omitted from the draft presented on July 27. The First Amendment to Marana Spectrum Development Agreement proposed for adoption tonight is identical to the version included in the August 3 Council agenda materials relating to the notice of intent to enter into this amendment. Elliott D. Pollack & Company has prepared an independent third party verification of the Council's finding that the proposed tax incentive set forth in the Marana Spectrum Development Agreement as amended by the First Amendment to Marana Spectrum Development Agreement is anticipated to raise more revenue than the amount of the incentive within the duration of the agreement as amended. The verification is provided with the backup materials for this item. Regular Council Meeting -August 17, 2010 -Page 131 of 148 Financial Impact: Amendment of the Marana Spectrum Development Agreement will facilitate the Owner/Developer's payment of Twin Peaks/I-10 Traffic Interchange funding that has already been programmed into the Town's CIP budget and will extend the sales tax reimbursement period to December 31, 2040 at the latest. ATTACHMENTS: Name: Description: Type: ~ Reso approving_Marana_Spectrum_DA Amendment_ (00021979).DOC Resolution Resolution O First Amendment_Marana $pectrum_DA_ Exh A to Reso: Marana Spectrum DA First (00022362).DOC Amendment Exhibit O Replacement Exhbt_C C1_.pdf Exh to DA: Replacement Exhibit C and Ct Exhibit O Certfication_Memo 2010 Amendment.pdf Pollack Third Party Verification Backup Material Staff Recommendation: Staff recommends adoption of Resolution No. 2010-80, approving and authorizing the Mayor to execute the First Amendment to Marana Spectrum Development Agreement. Suggested Motion: I move to adopt Resolution No. 2010-80, approving and authorizing the Mayor to execute the First Amendment to Marana Spectrum Development Agreement. Regular Council Meeting -August 17, 2010 -Page 132 of 148 MARANA RESOLUTION N0.2010-80 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO MARANA SPECTRUM DEVELOPMENT AGREEMENT WHEREAS A.R.S. § 9-500.11 authorizes the Town to enter into a retail development tax incentive agreement under certain circumstances; and WHEREAS the Mayor and Council adopted Resolution No. 2007-227 on December 18, 2007, approving and authorizing the execution of a retail development tax incentive agreement known as the Marana Spectrum Development Agreement; and WHEREAS changed circumstances since 2007; including the economic downturn and the progress toward completion of the Twin Peaks/I-10 traffic interchange, justify revision of the Marana Spectrum Development Agreement; and WHEREAS the Mayor and Council find that the First Amendment to Marana Spectrum Development Agreement retains the mutual benefits of the original agreement while accommodating the town's need to have the developer's continued participation in the funding of the Twin Peaks/I-10 traffic interchange and accommodating the developer's need to extend the anticipated schedule for construction of the Marana Spectrum Development Project as a consequence of worsened economic conditions; and WHEREAS the Mayor and Council find that the proposed tax incentive to be approved by this resolution is anticipated to raise more revenue than the amount of the incentive within the duration of the agreement; and WHEREAS the Mayor and Council find that in the absence of a tax incentive, the Marana Spectrum Development Project would not locate in the Town of Marana in the same time, place or manner as it is agreeing to do under the terms of the Marana Spectrum Development Agreement as amended by the First Amendment to Marana Spectrum Development Agreement; and WHEREAS the Town's finding that the proposed tax incentive is anticipated to raise more revenue than the amount of the incentive within the duration of the First Amendment to Marana Spectrum Development Agreement has been verified by an independent third party; and Regular Council Meeting -August 17, 2010 -Page 133 of 148 Marana Resolution 2010-80 - 1 - {00021979.DOC /} WHEREAS on August 3, 2010, the Town adopted a notice of intent to enter into the First Amendment to Marana Spectrum Development Agreement, as required by A.R.S. § 9-500.11(K); and WHEREAS the Mayor and Council find the terms and conditions of the Marana Spectrum Development Agreement as amended by the First Amendment to Marana Spectrum Development Agreement are in the best interest of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The First Amendment to Marana Spectrum Development Agreement is hereby approved. SECTION 2. The Mayor is hereby authorized and directed to execute, and the Town Clerk is hereby authorized and directed to attest to, the First Amendment to Marana Spectrum Development Agreement attached to and incorporated by this reference in this Resolution as Exhibit A, for and on behalf of the Town of Marana. SECTION 3. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this resolution. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 17a' day of August, 2010. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk Regular Council Meeting -August 17, 2010 -Page 134 of 148 Marana Resolution 2010-80 APPROVED AS TO FORM: Frank Cassidy, Town Attorney - 2 - {00021979.DOC /} FIRST AMENDMENT TO MARANA SPECTRUM DEVELOPMENT AGREEMENT TOWN OF MARANA, ARIZONA This First Amendment to Marana Spectrum Development Agreement (this "Amendment") is entered into by and between the TOWN OF MARANA, an Arizona municipal corporation (the "Town") and KIMCO MARANA L.P., a Delaware limited partnership, formerly known as Kimco Barclay Marana, L.P. (the "Owner/Developer"). The Town and the Owner/Developer are collectively referred to in this Agreement as the "Parties," and each is sometimes individually referred to as a "Party." RECITALS A. Owner/Developer and the Town are parties to that certain Marana Spectrum Development Agreement, dated December 22, 2007, a copy of which was recorded at Docket 13211, Page 951, in the records of Pima County, Arizona, on December 28, 2007 (the "Agreement"). B. The Town adopted the Agreement by Marana Resolution No. 2007-229, dated December 18, 2007 (the "Resolution"). C. Pursuant to that certain Assignment of Partnership Interest in Kimco Barclay Marana, L.P. (the Assignment"), Barclay Holdings XLVIII, LLC, an Arizona limited liability company ("Barclay") assigned to Kimco Developers, Inc., a Delaware corporation ("Kimco") all of Barclays right, title and interest in and to Owner/Developer. The Amendment evidencing the Assignment was filed with the Arizona Secretary of State on September 18, 2009, as File No. 3007118. D. The Parties now desire to amend the Agreement in accordance with the terms and conditions set forth below. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises made in this Amendment, the Parties agree as follows. 1. Incorporation of the Recitals. The foregoing Recitals are incorporated herein by this reference. 2. Interest. Paragraph 1.3.10 of the Agreement is amended by replacing "at the rate of 6.5% per annum" with "at the rate of 5% per annum". Regular Council Meeting -August 17, 2010 -Page 135 of 148 3. Initial Development Plan. The following words are hereby deleted from Section 2.3 of the Agreement: "within 36 months of the date the Interchange is completed by the Arizona Department of Transportation and first open for vehicular traffic and use by the general public". 4. Minimum Construction Obli ag tion. Section 2.4 of the Agreement is hereby deleted. 5. Public Improvements Construction and Reimbursement. Section 3.1.2 of the Agreement is hereby deleted, and the following is inserted in its place. 3.1.2 Reimburse the Town $4,467,281.33, which is the Public Improvement Costs for the Public Improvements which have now been completed by the Town, as detailed on Exhibit C 1 (attached to this Amendment), which reimbursement shall occur within sixty (60) days following the opening of the Interchange for vehicular traffic and use by the general public. 6. Reimbursement Amount. The first line of Section 6.1.2 of the Agreement is hereby deleted, and the following is inserted in its place: "From and after the issuance of certificates of occupancy for the Initial Minimum Improvements," Reimbursement Account. Section 6.2.1 of the Agreement is hereby deleted, and the following inserted in its place. 6.2.1. The expiration of this Agreement, as described in Section 8.1 as modified by this Amendment. 8. Other Impact Fees. The words "the ninth anniversary of the Effective Date of this Agreement" are hereby deleted from the last line of Section 5.2 of the Agreement, and the following are inserted in their place: "the ninth anniversary of the "Amendment Effective Date" as defined below in this Amendment." 9. Development Re;;ulations. The words "for a period of five years from Effective Date of this Agreement" shall be deleted from the fifth sentence of Section 2.1 of the Agreement, and the following is inserted in their place: "until the expiration of this Agreement." In addition, the penultimate sentence of Section 2.1 of the Agreement is hereby deleted, and the following is inserted in its place: "The immediately preceding sentence shall terminate on the expiration of this Agreement." l0.Owner/Developer's Environmental Mitigation Contribution. The following is hereby added to the conclusion of Article 4 of the Agreement: "Owner/Developer shall make such payment concurrently with the issuance of certificates of occupancy for all the Initial Minimum Improvements." 11. Term. The second sentence of Section 8.1 of the Agreement is hereby deleted, and the following inserted in its place. 2 Regular Council Meeting -August 17, 2010 -Page 136 of 148 The term of this Agreement shall begin on the Effective Date and, unless sooner terminated by the mutual consent of the Parties, shall automatically terminate and shall. thereafter be void for all purposes on the earliest of the following: (a) when the total amount of all Reimbursement Payments (see Section 6.4 above) equals Thirty Million Dollars ($30,000,000), or (b) on December 31 immediately following the twentieth anniversary of the issuance of all. certificates of occupancy for the Initial Minimum Improvements, or (ii) on December 31, 2040. 12. Notices and Filings. The notices addresses for the Owner/Developer are hereby deleted, and the following inserted in their place. Kimco Marana L.P. 3535 Factoria Blvd., Suite 520 Bellevue, Washington 98006 Attn: Bill Brown with a copy to: Kimco Realty Corporation 3333 New Hyde Park Road New Hyde Park, New York 11042-0020 Attn: Legal Department 13. Anchor Tenant's Ability to Develop Anchor Tenant Parcel. The following is hereby added to the end of Section 2.7: "Any Anchor Tenant's rights under this Section 2.7 shall not be affected by the First Amendment to Marana Spectrum Development Agreement." 14. Exhibit "C." Exhibit "C" to the Agreement is hereby deleted in its entirety, and the Exhibit "C" and Exhibit "C-1"attached to this Amendment is inserted in its place. 15. Public Improvements. The definition of "Public Improvements" in Section 1.3.13 of the Agreement is hereby modified to be: "means the improvements described on Exhibit C and Exhibit C-1 attached to this Agreement (see paragraph 3.1 below)." 16. Town Construction. The following is hereby added to the end of Section 3.3 of the Agreement: "The Town has completed construction of the Public Improvements as set forth on Exhibit C-1." 17. Miscellaneous. The balance of the Agreement is hereby amended to reflect the purpose of this Amendment. The parties hereto acknowledge that except as expressly modified hereby, the Agreement remains unmodified and in full force and effect. In the event of any conflict or inconsistency between the terms of this Amendment and the Agreement, the terms of this Amendment shall control. Unless otherwise expressly defined herein, terms in this Amendment shall have the same meanings assigned to such terms in the Agreement. All exhibits attached hereto are incorporated herein. This Amendment may be executed simultaneously or in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement. Regular Council Meeting -August 17, 2010 -Page 137 of 148 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date set forth below their respective signatures (the "Amendment Effective Date"). TOWN: THE TOWN OF MARANA, an Arizona municipal corporation OWNER/DEVELOPER: KIMCO MARANA L.P., a Delaware limited partnership By: By: KD Marana 1553, Inc., a Delaware corporation, its general partner Ed Honea, Mayor By: Attest: Its: Jocelyn Bronson, Clerk Approved as to form: Frank Cassidy, Town Attorney 4 Regular Council Meeting -August 17, 2010 -Page 138 of 148 STATE OF ) ss. COUNTY OF ) The foregoing First Amendment was acknowledged before me, a Notary Public, this day of 2010, by as of KD Marana 1553, Inc., a Delaware corporation, as general partner of Kimco Marana L.P., a Delaware limited partnership, who being authorized to do so, executed the foregoing First Amendment on behalf of said entity for the purposes stated therein. My Commission Expires: STATE OF ARIZONA ) ss. COUNTY OF PIMA ) Notary Public The foregoing First Amendment was acknowledged before me, a Notary Public, this day of , 2010, by Ed Honea, the Mayor of the Town of Marana, an Arizona municipal corporation, who being authorized to do so, executed the foregoing Agreement on behalf of the Town for the purposes stated therein. My Commission Expires: Notary Public 5 Regular Council. Meeting -August 17, 2010 -Page 139 of 148 Exhibit C -Amended Scope of Work Marana Spectrum Drainage 1300 cfs Drainage Channel Excavation Gabion/Shot Crete Lining Landscaping Transition at Railway Drop Structures/Grade Control 800 cfs Drainage Channel Excavation Concrete Structural Lining 1,100 cfs Wash Enclosure 1100 cfs wash enclosure (con-arch or CSP equivalent to twin 5x7 box) 1100 cfs open channel d/s of Twin Peaks Utility Relocations d/s of Twin Peaks 1100 cfs Wash Culvert Road Building Bus Pullout Traffic Signals at Lee Driveway Traffic Signals at Twin Peaks mid-block Deceleration Lanes Water Supply/Fire Protection Fire Storage Tank (840,000 gallon) Land for Storage Tank New 12" parallel well feed from site to existing Town storage Tank New Well Feed on Twin Peaks (formerly Camino De Mariana) and Linda Vista (24" ductile iron) New Hydrants on Linda Vista and Twin Peaks PRV at Z-Zone Booster Station-Hartman Vista Reservoir Site Exhibit C Amended Page 1 of 2 Regular Council Meeting -August 17, 2010 -Page 140 of 148 Exhibit C -Amended Public Sewer Improvements Reconstruct public 10" to 12" Oasis Hills Outfall New public 8" sub-trunk to SE property corner per Pima County New public 15" sewer to south west property limits New steel sleeve at Twin Peaks Crossing New 15" public sewer crossing Twin Peaks to existing manhole Offsite Regional Trunk Sewer Improvements Summary of Public Improvements Marana Spectrum 7/20/2010 Good Faith Estimate Item Total Developer Cost Drainage $6,580,000.00 Road Building $940,000.00 Water Supply/Fire Protection $1,901,281.00 Sewer Improvements $1,050,000.00 Total $10,471,281.00 Consulting 15% Contingency 10% See Exhibit C 1 for public improvement costs constructed by the Town of Marana Exhibit C Amended Page 2 of 2 Regular Council Meeting -August 17, 2010 -Page 141 of 148 Exhibit C1 Public Improvements Constructed by Marana ,~ l~ten~`No ~ " 1tcm~D~scription l `~ ~~ = ~ Unit , .;, Quantity w U:iit Pace ~ ~' ~ ;Amount: r 2030301 ROADWAY EXCAVATION CU.YD. 250 2 $500.00 2030901 BORROW CU.YD. 36690 6.7 $245,823.00 2090005 FURNISH WATER M.GAL. 8000 9 $72,000.00 3030022 AGGREGATE BASE, CLASS 2 CU.YD. 1269 21 $26,649.00 4010010 PORTLAND CEMENT CONCRETE PAVEMENT 10" SQ YD 4223 33 $139,359.00 4040111 BITUMINOUS TACK COAT TON 7 460 $3,220.00 4040116 APPLY BITUMINOUS TACK COAT HOUR 14 130 $1,820.00 4040282 ASPHALT BINDER (PG 76-16) TON 77 480 $36,960.00 4060006 ASPHALTIC CONCRETE (3!4" MIX) TON 1613 26 $41,938.00 4060026 MINERAL ADMIXTURE OR 3/4" MIX TON 16 90 $1,440.00 4140040 ASPHALTIC CONCRETE FRICTION COURSE ASPHALT-RUBBER TON 233 35 $8,155.00 4140042 ASPHALT RUBBER MATERIAL (FOR AR- ACFC TON 19 530 $10,070.00 4140044 MINERAL ADMIXTURE OR AR-ACFC TON 2 90 $180.00 5019008. PIPE(30")(STEEL)(SLEEVE) L.FT. 330 215 $70,950.00 7010003 MAINTENANCE AND PROTECTION OF TRAFFIC -10 42" SEWER SLEEVE L.SUM 1 10000 $10,000.00 7040070 PAVEMENT MARKING (WHITE THERMOPLASTIC XTRUDED 0.090" L.FT. 2268 0.25 $567.00 7040074 PAVEMENT SYMBOL (EXTRUDED. THERMOPLASTIC ALKYD 0.090" EACH 6 100 $600.00 7060013 PAVEMENT MARKER, RAISED, TYPE C EACH 15 2.65 $39.75 7060018 PAVEMENT MARKE RAISED, TYPE G EACH 176 2.65 . $466.40 7080301 PAINT BULL NOSE EACH 3 75 $225.00 7320070 ELECTRICAL CONDUIT (3") (PVC) L.FT. 2385 4.5 $10,732.50 7320090 ELECTRICAL CONDUIT (4") (PVC) L.FT. 2986 8 $23,888.00 7320440 PULL BOX (NO. 5) (C.O.T. & P.C. STD DETAIL T.S. 1-2 EACH 2 450 $900.00 7320450 PULL BOX (N0.7) (C.O.T. & P.C. STD DETAIL T.S. 1-4 EACH 2 600 $1,200.00 7320451 PULL BOX (N0.7) (WITH EXTENSION) C.O.T. & P.C. STD DETAIL T.S. 1-5 EACH 8 700 $5,600.00 8080285 PIPE (PVC) (6") (SCHEDULE 40) L.FT. 3585 4.2 $15,057.00 8081242 PIPE, STEEL (42") L.FT. 754 365 $275,210.00 9080401 CONCRETE HEADER L.FT. 14 10 $140.00 9140155 RETAINING WALL (MSE) SQ.FT. 1340 37 $49,580.00 9210012 MEDIAN PAVING CONCRETE PAVERS S .YD. 235 57 $13,395.00 ROADWAY TOTAL $1066 664.65 Exhibit C1 Regular Council Meeting -August 17, 2010 -Page 142 of 148 page 1 of 4 Exhibit C1 Public Improvements Constructed by Marana 3teni;No _ _~ipt~on,~, ''~~ .~-;~' r ~- ~ ~iit r~:, Quantity UnttPr~ce ~'klmouot- Bridge F - I-lO1TWIN PEAKS ROAD TI UNDERPASS 6011371F APPROACH SLAB (SD 2.01) SQ.FT. 720 . 16 $11,520.00 6011372F ANCHOR SLAB (TYPE 1) (SD 2.02) SQ.FT. 1080 13 $14,040.00 9999912A LUMP SUM ride S .FT. 5232 123.32 $645,210.24 9999903F LUMP SUM STRUCTURE (TOTAL OF PRECEEDING STRUCTURE ITEMS $670,770.24 Bridge A -TWIN PEAKS ROAD -UPRR OVERPASS 601.1371H APPROACH SLAB (SD 2.01) SQ.FT. 720 16 $11,520.00 6011372H ANCHOR SLAB (TYPE 1) (SD 2.02) SQ.FT. 720 13 $9,360.00 9999912A LUMP SUM (Bridge) SQ.FT. 5418 164.52 $891,369.36 9999903H LUMP SUM STRUCTURE (TOTAL OF PRECEEDING STRUCTURE ITEMS $912,249.36 BRIDGE STRUCTURE TOTAL = $1 583 019.60 _.. .~ . - a Box Culvert R -TWIN PEAKS Sta 111+62 2030501R STRUCTURAL EXCAVATION CU.YD. 5020 5 $25,100.00 203Q506R STRUCTURE BACKFILL CU.YD. 1585 21 $33,285.00 6010002R STRUCTURAL CONCRETE (CLASS S) 'C=3 000 PS CU.YD. 772 190 $146,680.00 6050002R REINFORCING STEEL LB 112350 0.6 $67,410.00 9999903R LUMP SUM STRUCTURE (TOTAL OF PRECEEDING STRUCTURE ITEMS $272,475.00 DRAINAGE BOX CULVERT TOTAL = $272 475.00 Exhibit C1 Regular Council Meeting -August 17, 2010 -Page 143 of 148 page 2 of 4 Exhibit C1 Public Improvements Constructed by Marana ...I~~I v~v' ~:vti~;/ TOWN Of. MARAPIp Camino L?e Mariana 16" Z-Zone Water Ntain Linda Vista Boulevard to Tangerine Road Town of Marana-Project No. 2010-3Q0-OU5 wArER CiMP,ESTIMATE A12 PROJEC7:NO.: 3010~T00-005 NAME: CAMINO DE MARANA t DOVE MOONT,AIN BOULEUARO EXTENSION WATER LINE AND BOOSTER STATIONS CONTRACTOR: BORDERLAND CONSTRUCTION COMPANY, INC, CAMINO DE MARANA -16" Z,ZONE WATER NU\IN iMARANA SPECTRUMi - M NO DESCRIPTION... QTY ~ UM' ~ ' ~ UNR~810 TOTAL BB) 1 32" STEEL CASING (.375 WALL). 95 LF $150:89 : $14,334.55 2 32" STEE CASING (.375 VV CL)(DOVE MOUNTAIN E)(TENSLON) 260 $124.12 $32,271:20 3 16" GL-250 DIP WATER. 7,732 LF $66;93 5517,502,76 . 4 16" BUTTERFLY VALVE _. 1.1 EACH ` .$3,474:87- $38,223.57. 5 12" CL-350 DIP :A RMAIN A DESERT FALCON.. 240 LF $8U 81' $19,394.40:: 6 12"GATEVALVE'(INCLURINGSTUBS). 1 EACH $2,457:80- $2,457.80. T S" CL-35U DIP 1NATERMAIUV 494 LF $49.69 $24,845:66` 8 $" GATE VALVE- _ 7 EACH $1,459.68- $10,217.76. 9 2" COMBlNATION:AIR, REL VALVE 2 EACH $2,68.3;60 $5,36530: 10 2 " DRAI V VE. ASSEMBLY 8. EAGH $1,276.60 $7,659.80` 11 CORROSION TEST STATION 6 EACH $672:21 ;4,033:26 12 : J OINTBOND NG 439 EACH $60:65 $28,825.35 13 . CORROSION REPQRT _ _ 1 EACH: $3',000,00 ` $3,000.QO 14 . CONNECT TO EXISTING 1 CH $2,057.0 $2~Q57.80 15, , : C,CEAR RIGHT-0 -WAY 1 ACRE $2,530:00 $'1,265:Q0 16' : SURVEY _ 1 LS $18,400:00 516,400.0.0 1T :T ESTING` 1 LS $12,785.00 $12,765.00. 18 BONA 1 LS $8,031:51- $6,031.51 19 SALES TAX 1 LS $63,593:55 $63,593;55.. 20 GENERAL JOB EXP. EN.SE B~.COMPANY OVERHEAD, 1: LS $358,333:17. $O.OU _ COMPANY OVERHEAD' .. a' LS $75,145.17 : $75,145:17- CONSTRUCTION WATER 1 LS $4,800.00 $4,800:00 C LEAN. UP 1 LS $850,00: $950:00. MQBIUZATION. _.. 40 HR $154.70 $8,188:00. P .ORTABCE TOILET 8 MO $100:00 5750:00 S UPERVISL.ON 80 UVK $2,350:00 : $70;500;00 21 C ONTRACTORS F.EE, . 1 LS $66,370:93 $66,370.93 22 O WNERS CONTINGENCY=S% 1 lS $51;627.40 $51,627.40 TOTAL-16".Z ZONE WATER MAIN 7,,084,176.47 Exhibit C1 Regular Council Meeting -August 17, 2010 -Page 144 of 148 page 3 of 4 Exhibit C1 Public Improvements Constructed by Marana :y. 4 Itevr;lVo '~'' tii C , 1 1 to tl.~ 1 ~ m~esc YOn ~ ? 1 X' ~t ~ Y', f Quantity { ' f,, DnrtPrice '1 hY. A~i r 1 ~ ~ # , f ROADWAY, BRIDGE STRUCTURE AND $2,922,159.25 DRAINAGE BOX CULVERT TOTAL = 9240170 CONTRACTOR QUALITY CONTROL (1%) L.SUM 1 29221.5925 $29,221.59 9250001 CONSTRUCTION SURVEYING AND L.SUM 1 58443.185 $58,443.19 LAYOUT 2% CONSTRUCTION ENGINEERING 9% Cost $262,994.33 BITUMINOUS MATERIAL (LIQUID ASPHALT) ESCALATION PROVISIONS Cost $58,443.19 2% FUEL ESCALATION ADJUSTMENT (0.2% Cost $5,844.32 OTHER PROJECT COSTS TOTAL = $414,946.61 TOTAL COST ATTRIBUTABLE TO $3,337,105.86 CONSTRUCTION = DESIGN COSTS TO INCORPORATE $20,000.00 CHANGES = TOTAL COST -TWIN PEAKS $3,357,145.86 INTERCHANGE PROJECT = O ` r *r~,~ __4_ _ ~ U7~~ .., CAMINO DE MANANA GMP CHANGE ORDER FROM $1,084,175.47 BORDERLAND FOR 16" WATERMAIN = WATER LINE DESIGN BY WESTLAND RESOURCES $9,0(10.00 CONSTRUCTION INSPECTION AND AS-BUILTING BY $17,000.00 WESTLAND RESOURCES TOTAL COST - CAMINO DE MANANA PROJECT = $1,110,175.47 TOTAL PUBLIC IlVIPROVEMENT COSTS -TOWN OF MARANA = $4,467,281.33 Exhibit C1 Regular Council Meeting -August 17, 2010 -Page 145 of 148 page 4 of 4 . ~: Economic and Real Estate Consulting MEMORANDUM To: Mr. Frank Cassidy Town Attorney Town of Marana From: Richard C. Merritt, President Daniel Court, Senior Analyst Date: August 11, 2010 Re: Certification of Sales Tax Revenue to Town of Marana Related to the Development Agreement between the Town of Marana and Kimco Marana, L.P. The Town of Marana originally entered into a Development Agreement with Kimco Marana LP (Kimco) for the Marana Spectrum retail center on December 22, 2007. Elliott D. Pollack & Company provided a certification for that Development Agreement pursuant to ARS 9-500.11 on December 3, 2007 finding that the proposed project was anticipated to raise more revenue than the amount of the incentive within the duration of the agreement. The Town of Marana is considering an amendment to the Development Agreement with Kimco for Marana Spectrum (the Project). The Project is a proposed 170 acre mixed use project that consists mainly of retail uses and may also contain mixed use, hotel, office, and residential uses. The preliminary plan for the property will accommodate nearly 1.3 million square feet of commercial space. The amendment to the Development Agreement between the Town of Marana and Kimco changes certain portions of the agreement in recognition of the economic circumstances facing the State and Greater Tucson area. The original Agreement calls for the Town to reimburse and pay to Kimco transaction privilege taxes generated by the commercial development, excluding construction sales taxes, equal to the cost of the public improvements, cash contributions to the Town for acquisition of environmentally sensitive lands, all other development impact fees (if any) that are associated with the project, and interest on the preceding amounts at an interest rate of 6.5%. The Town will reimburse Kimco 45% of the Town's sales taxes imposed on retail sales within the planned project up to the total reimbursement amount. Elliott D. Pollack & company 7505 East 6's Avenue, Suite 100 Scottsdale, Arizona 85251 ~ PH 480.423.9200 ^ FAX 480.423.5942 ~ pollack@edpco.com www.arizonaeconomy.com Regular Council Meeting -August 17, 2010 -Page 146 of 148 The Amendment to the Development Agreement eliminates the obligation for the developer to move forward within a certain period of time after completion of the freeway interchange and extends the overall reimbursement period. In exchange, the developer reimburses the Town for about $4.5 million in freeway interchange construction costs within 60 days after the interchange opens, and no interest accrues on the reimbursement until the developer receives a certificate of occupancy for the first 120,000 square feet of retail. The interest rate is also reduced from 6.5% to 5%. The total reimbursable amount is defined above as the sum of public infrastructure costs, environmental fees, other impact fees, and the interest on all total fees. The duration of the agreement is the earlier of: (1) 20 years from the issuance of all certificates of occupancy for the Initial Minimum Improvements, (2) December 31, 2040 or (3) until the total reimbursable amount of $30 million is reached. Surveys conducted by the Urban Land Institute (ULI) demonstrate that similar regional centers generate a range of retail sales between $280 and $297 per square foot. This data is based on median sales rates across the country and within the Western Region of the U.S. Individual centers may produce sales higher or lower than the median depending upon the type of tenants in the shopping center and the demographic characteristics of the population living within the surrounding trade area. If the center is fully built and operational according to its current site plan, and retail sales equal or exceed the median sales rate for the U.S. and Western Region as cited above, the project should meet the $30 million maximum reimbursement incentive within ten years of stabilized occupancy. Ftndtn~ According to the Amended Development Agreement, 45% of the ongoing transaction privilege tax receipts will be reimbursed to Kimco for various public improvements up to the total maximum reimbursement amount of $30 million. By definition, this implies that the reimbursement to Kimco cannot exceed the project's total revenues. Certification Pursuant to Arizona Revised Statutes 9-500.11,. Elliott D. Pollack & Company certifies that the proposed project is anticipated to raise more. revenue than the amount of the incentive within the duration of the Development Agreement. m Richard Merritt President Regular Council Meeting -August 17, 2010 -Page 147 of 148 2 ~~~~~~ '~.1.'+-r1. ~~~~~~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCII. CHAMBERS, August 17, 2010, 7:00:00 PM To: Mayor and Council Item D 1 From: 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: No 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 -August 17, 2010 -Page 148 of 148 MARANA ....STATEMENT OF AGENDA CONFLICT I, IJ , declare a conflict on Agenda Item 1'7 '-" ~ , .entitled: ~ ~4 /~ . ~ l For the following re/ason(s) -~~A-J ~! /~C Signature ~ ~ ~ /c~ Date