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Home My WebLink About09/19/2013 Special Council Meeting Agenda PacketMAR.ANA TOWN COUNCIL SPECIAL COUNCIL MEETING/STR.ATEGIC PLANNING SESSION NOTICE AND AGENDA 115 5 5 W. Civic Center Drive, Marana, Arizona 8 5 65 3 2nd Floor Conference Center, Marana Municipal Complex Thursday, September 19, 2013, at or after 8:00 AM Ed Honea, Mayor Jon Post, Vice Mayor David Bowen, Council Member Patti Comerford, Council Member Herb Kai, Council Member Carol McGorray, Council Member Roxanne Ziegler, Council Member Pursuant to A.R. S. § 3 8-431.02, notice is hereby given to the members of the Marana Town Council and to the general public that the Town Council will hold a meeting open to the public on Thursday, September 19, 2013, at or after 8:00 A.M. located in the 2 Floor Conference Center of the Marana Municipal Complex, 11555 W. Civic Center Drive, Marana, Arizona. ACTION MAY BE TAKEN BY THE COLTNCIL 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 ; ta �; �S. The Council Chambers are wheelchair and handicapped accessible. Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting the Town Clerk at (520) 3 82 - 1999. Requests should be made as early as possible to arrange the accommodation This Notice and Agenda posted no later than Wednesday, September 18, 2013, 8:00 A.M., at the Marana Municipal Complex, 11555 W. Civic Center Drive, the Marana Operations Center, 5100 W. Ina Road, and at v�►�ww.marana.com on the Town Clerk page under Agendas, Minutes and Recent Actions. 09/19/2013 Page 1 of 40 SPECIAL COUNCIL MEETING/STRATEGIC PLANNING SESSION�� (Times are approximate and subj ect to change) 8:00 A.M. BREAKFAST 8:30 A.M. CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCE/INVOCATIONlMOMENT 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 within the jurisdiction of the Town Council, except for items scheduled for a Public Hearing at this meeting. 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. Individuals addressing a meeting at the Call to the Public will not be provided with electronic technology capabilities beyond the existing voice amplification and recording capabilities in the facilities and the Town's overhead proj ector/document reader. 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, and may ask staff to review the matter, or may ask that the matter be placed on a future agenda CONSENT AGENDA The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion and affirmative vote will approve all items on the Consent Agenda, including any resolutions or ordinances. Prior to a motion to approve the Consent Agenda, any Council member may remove any item from the Consent Agenda and that item will be discussed and voted upon separately. C 1: Approval of September 3 and 10, 2013 Council Meeting Minutes (Jocelyn Bronson) LIQUOR LICENSES L 1: Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a special event liquor license application submitted by Mary Carter, on behalf of the Marana Health Center for the Music in Marana event to be held on October 12, 2013 (Jocelyn C. Bronson) L 2: Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a special event liquor license application submitted by Claudio Martinez on behalf of the American Diabetes Association for Bikers Against Diabetes (BAD) to be held on Saturday, October 19, 2013 (Jocelyn C. Bronson) 09/19/2013 Page 2 of 40 COUNCIL ACTION A 1: Ordinance No. 2013.023.: Relating to Development; approving and authorizing the Mayor to execute Amendment No. 1 to the Marana Regional Landfill Development Agreement. (Frank Cassidy) 9:00 A.M. STRATEGIC PLANNING SESSION — Facilitated by Partners in Strategic Action, Inc. Discussion regarding Strategic Plan Guiding Principles 1. Vision Statement 2. Overriding Principles 3. Focus Areas 11:30 A.M. LUNCH BREAK 12:00 P.M. Discussion regarding Strategic Plan action plan proj ects, programs and priorities FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion regarding the items to be placed on the agenda, if three or more Council members request that an item be placed on the agenda, it must be placed on the agenda for the second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2-4-2(B). ADJOURNMENT **Pursuant to A.R. S. § 3 8-431.03 (A)(3), the Town Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. 09/19/2013 Page 3 of 40 CALI r p.m. PLE� Hone� APP17 M emt �der at 7:00 � by Mayor C ouncil CALL TO THE PUBL id Morales spoke regarding his observations about Town leadership and different lev s of intelligence. PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS. Council Member McGorray and Mayor Honea both reported on the League of Cities and Towns annual conference in Oro Valley last week. Council Member McGorray noted that she and Council Members Comerford and Kai all received years of service awards. Meeting Minutes — September 3, 2013 1 09/19/2013 Page 4 of 40 MANAGER' S REPORT: SUMMARY OF CURRENT EVENTS . Mr. Davidson noted that the Council Executive Report was placed on the dais. PRESENTATIONS CONSENT AGENDA . Mot;on to app�ove b,. Co�n�;� Membe� �iegle�, second b,. V;�e M ayo� l l unanimously, Approval of the Au LIQUOR LICEN BOARDS, CO COUN .pproving a �nce of public eeting minutes Relating to Development; public hearing to . ap tion by the property owners to annex an ,re parcel of property located on the northeast corner s Roads. Presented by Cynthia Ross, who noted Resolution No. 2013 -082 : approving and authorizing the Mayor to exe agreement between Pima County and the management and implementation of the Development Block Grant Progra C 2: Resolution No. 2013 -083 :� release of assurances for San Lucas improvements for main dais for Counc been submitted from property owners, placed on the � and will be made a part of the permanent public er noted that the public hearing tonight is for the purpose only of discussing the annexation and not a rezoning Mayor Honea opened the public hearing. Speakers in opposition to the annexation and/or proposed proj ect density included Ron Isaacson, Carlos Ornelas, Susan Parrish, John Holley, Keith Arnold, Gayle Stenstrom, Thomas Hanley, Gordon R. Prentis, Jo Jenott, D. Cantrell, Sherry Potter, Kelly Brooks and Mike Downey. Patty Miller stated that she was not opposed to the annexation, just the density. Mayor Honea closed the public hearing. �munity Development; �n intergovernmental f Marana for the ting to Developm Meeting Minutes — September 3, 2013 09/19/2013 Page 5 of 40 Linda Morales from The Planning Center, representing the property owner and potential developer who requested the annexation, Pulte Homes, addressed Council. Mayor Honea noted that in the General Plan this area is zoned low density residential which allows a maximum of two residences per acre on the entire site — that would be 73 homes. Mayor Honea again emphasized that zoning and density are completely separate from annexation. If the property is annexed, it doesn't mean the density gets approved as requested. He asked why Pulte is asking for such high density. Ms. Morales noted that she held a meeting las k with the neighbors to make sure they understood the annexation e annexation process. She clarified that this is a single owner anne o other properties were coming in with this annexation. She that lient put a concurrent request along with the annexation t for a spe plan to start the process. The 91 lots came from irst submittal. the specific plan there is allowed a one-step increa the exis 'ng densi d this is a slight increase over what was propos d initial dra an. Since then, she has received c rable co rom staff and been working on responding t e indic that they had put that on hold until the annexation hearin he that s es need to go back and work with staf with the ' hbo e in d that all she is asking for tonight her cli 's bri this property into the town and t rk wit wn sta e neig rs . She further noted that her client di et t d down he Pima County. She came to Marana firs e she ation 'n keeping with the town's vision for co and t Plan. Mayor Honea asked if the nk petitio ude is Roa the southern border of the proj ect. orales re ded 't does include the frontage of Oasis Hills and exte bit. Ma one ated that the town can't do anything about Oasis i not inco rated with the proj ect. Ms. Morales responded that Oasis wi nnex oing east and west back to where it connects to Twin Peaks as we T eaks. Council Member Ziegler stated that she would not vote for this the way it is — with the intended density. She addressed Ms. Morales and asked her to stay open to negotiating the density during the "talking" period. Council Member Bowen stated for the record that this is simply a request to become part of the town so that any future conversations concerning density can take place here rather than with Pima County. Ms. Morales concurred. Council Member Bowen stated that he would rather have those conversations in Marana instead of Pima County, and since Pulte owns the land, and Meeting Minutes — September 3, 2013 3 09/19/2013 Page 6 of 40 something's going to happen there anyway, he will vote for the annexation so that the concerns and future conversations can happen in Marana. He further stated that development will go in, and will go in along that corridor because that's the reason the Twin Peaks Road was built. He stated that he wants that development to be balanced and prudent in every way and to follow the town's General Plan. Ms. Morales stated for the record that Pulte is under contract to purchase the property — they haven't purchased it yet. A 2: PUBLIC HEARING: Ordinance N Development; adopting the revised Casa development standards pertaining to 1 and maximum building height; an i� type of homes. Jenna Reilly pr d th� opened the public hearing. She n thal recommended approval with the con condition that limits the ' ct to 48 u 64 single family lots. She t the de by public sewer. No prote g e p staff is reco ' g appro with the additio . May o when this resen 'nitiall 5. was drainage, hes water fl and � nro hich ' mite e x .021: Relating to pecific Plan; modifying �, gr limits, lot coverage, � an in e in the number and � item to il. Mayor Honea the lanning ission ' in the rep nd adding a as previously esented as ment will now be serviced �� ave been received, and nditi ' the staff report and at e was on the Council ['h gest problem at that time �gress and egress through the �oi ect to 3 21ots on hi �her ro . In r �.n inquiry trom the Mayor, Ms. lly noted e p ry entra i s on C amino de O e ste at Tangerine . rther note t de ment engineering has reviewed and accepted the as is. Env men ngineering's concerns were on the east and west si the pro which will be kept open. The ordinance was amended dicate lots. Diane Lee, a resident on West Desert Falcon which empti Camino de n, asked if the development empties out onto Camino d ana. Keith Brann stated that Camino de Oeste has a paper right of way that goes down to the Camino de Manana right of way which is not paved but is maintained by the town as a dirt road. There are plans to pave the road. The developer would have to pave from Camino de Oeste to Tangerine at their entrance. There are no plans to pave Migitty Road as part of this development. Mr. Brann stated that this development is using a main entrance off of Camino de Oeste with a secondary emergency access directly onto Tangerine Road. Meeting Minutes — September 3, 2013 4 09/19/2013 Page 7 of 40 M otion to approve by Council lVlember L�owen with the aaaea condition li m iti ng th e U n;ts to 48, Se�o n d b,, V;�e Ma,,or Post. P assed u n a n i m o usly A 3: PUBLIC HEARING: Ordinance No. 2013.022: Relating to Development; amending the Marana Land Development Code to prohibit medical marijuana dispensary offsite cultivation locations throughout the Town; amending Marana Land Development Code Section 05.02.06 (Medical Marijuana Uses in Zones A-E), Section 05.10.01 (AG Agricultural), Section 05.11.04 (RC Regional ercial), Section 05.12.02 (Light Industrial), Section 05.12.0 eavy Industry), and Section 08.08 (Medical Marijuana Uses)• blishing an effective date. Resolution No. 2013-084: Relatin record filed with the Town Cler 2013.022, amending Marana Lanc Title 8 (General Development Re� dispensary offsite cultiv oca� Laine Sklar. This amen � on July 31, 2013 . amendment. S including C our reside d further noted �evelopme claring as a public mendments ad by Ordinance No. �elopme t Code (Zoning) and s) ibiting me marij uana own of Marana. resented by �en e the Planning Commission �comm proval of this ons e amendment, ' cr sed crime which puts ., a drai police resources. She ich she highlighted in the information ets. re are currently two dispensaries la n is being served. Mayor Honea eph Ashcraft, a Marana resident, spoke in Post, also a Marana resident, spoke in favor of closed the public hearing. M oti o n to r C o u n ci l lVle P assed u n a n im i n a n c e l�lo . 20 �3. 022 a n d Res o � U t; o n l�lo . 20 �3 b,, erford, secon d by Co u ncil lVlem ber lVlc�orray, ITEMS FOR DISCUSSION/POSSIBLE ACTION Meeting Minutes - September 3, 2013 5 09/19/2013 Page 8 of 40 D 1: Relating to Legislation and Government Actions; Discussion and possible action regarding all pending state, federal, and local legislation/government actions and on recent and upcoming meetings of other governmental bodies EXECUTIVE SESSIONS. Mot; o n to g o; n to ex ec u ti ve Sess; o n o n lte m S E 2 a n d L� by V ice lVlayor l seco n d by Co u n ci l lVle m ber Co m erford, l unanimously, E 1: Executive Session pursuant to A.R. S ask for discussion or consultation for le concerning any matter listed on this a }� E 2: Executive Session pursua . for discussion and consultation wi and to consider the Town's position pending negotiations wi Arizona the Tortolita Preserve Le ; o n m a n ner consistent with th the State Land " by Vic B o,,,,e n. Pa h C 31.03 (A)(3), Council may with the Town Attorney )(3), (4), and (7) legal advice . ' es regarding . en oncerning uthorization to proceed in a cutive session regarding C o u n ci l lVle m b er orray excused at 8.�40 p, m. . R. S.§ 3 8-431. 03 (A)(4), for n's attorneys concerning the lawsuit County Superior Court No. rana is named as one of the co- FUTURE A Notwithstan t ayor's discretion regarding the items to be placed on the agenda, if t r more Council members request that an item be placed on the agenda, it must be placed on the agenda for the second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2-4-2(B). ADJOURNMENT. Mo t; o n to a dJ o u r n b,, V; � e Ma,, o r Po S t, S e � o n d b,, Co U n �; � M em ber /"\a i, l 6 CERTIFICATION Meeting Minutes - September 3, 2013 6 09/19/2013 Page 9 of 40 I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on September 3, 2013. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk Meeting Minutes — September 3, 2013 09/19/2013 Page 10 of 40 STUDY SESSION MINUTES 11555 W. Civic Center Drive, Marana, na 85653 2nd Floor Conference Room, September 10, at or after 6:00 PM CALL TO ORDER A 6:00 p.m. Town Cl rons� PLEDGE OF ALLEGIA /] Honea. APPR L OF AG / C ouncil be� lVlc�o�� CALL TO T BLIC. No DISCUS SION/DIR ON/P Ed Honea, l� Jon Post, Vi David Bowen, Patti Comerf o Herb Kai, Carol McGorray, Rox�Ziegler, Co �rder by Mayor Honea at were present. ENT OF SILENCE. Led by Mayor C ouncil lVlembe� L�owen, second by were presented. IBLE ACTION 1: Presentation: Relating egic Planning; discussion, consideration and possible action regarding the 2014 update o the Town of Marana's Strategic Plan; discussion and consideration of topics for the strategic planning retreat; authorizing the Town Manager to execute and plan the logistics of the strategic planning retreat to be held September 19, 2013, at the Marana Municipal Complex. Presented by Gilbert Davidson. The details are still being finalized for the September 19 meeting. Some of the items regularly scheduled for September 17 will be taken up at the meeting on September 19 prior to the start of the retreat. Breakfast and lunch will be provided. No formal presentations will be made; all discussion will be generated by Council and staff will be Draft minutes - September 10, 2013 1 09/19/2013 Page 11 of 40 ayor , il Member uncil Member '1 Member il r available to answer questions. Some of the items that Council was talking a few weeks ago are being presented tonight. 2: Presentation: Relating to Utilities; discussion, consideration and possible action regarding the concept of a Marana Utilities Development Readiness Program, with detailed options regarding Saguaro Bloom wastewater recovery. Presented by John Kmiec and Thom Martinez of Westland Resources. John Kmiec began with an overview of the new impact fee rules, growth proj ections, wastewater options to serve Saguaro Bloom, and infrastructure recommendations for potable water. Impact fees are now to be calculated for each benefit area. impact fees. The plans need to be consistent with the To to the General Plan. Impact fees collected after July 3 except for water and wastewater which shall be use is flexibility within the program. He then talked wh estimating over 12,000 connections within in t 10 � currently around 2,100. Without Saguaro Blo e shot around 7,300. Saguaro Bloom is currently in the Col Pima County. When the town owns�e conveyanc e; first question is when do we want o DMA process. The first option is to main That cost would be $91� would be building a a short conveyance s wastewater treatment fa $12.8M. H ' ed the and is a $19.4 econo the existin closure. Co is also op t] �ption to get ' �kett WRF c . ember Bo �nt areas may have different d use assumptions and conform 11 be used within 10 years of the date collected. There a 'th the current fees. He is er connections are . Saguaro B oom 'mpact fees go to he i t fees. The 1 into �he Marana onsider Saguaro Bloom. loom Narrows WRF. This in North Marana. This gives 'scussed nd cons. �tion 3 is building the Airport BKW Fa west of the airport. Its cost is estimated at tion he North Marana "Luckett" plant at $7.4M ut wo as e Marana WRF to $12M for a total of den Fa in at Tangerine/I-10. This is the most aro Bloom initiated. It also allows phasing and use of an ' ves the Rillito Vista WRF to allow for potential raise concern of pumping sewage across that distance. John Kmiec in d that one he things they want to do with a feasibility study is understand how m avity there is and how much force flow we would have to have. Westland Resources i i o some of the preliminary work on that. Thom Martinez stated that the maj ority o er being proposed will be a gravity sewer. Right now Saguaro Bloom is being served by a station. What we're proposing is to pump the flow in a different direction using the same pump station that we have rights to under the terms of the settlement. We'll just pump those about a mile up to Rillito Vista and dump into a gravity system. That gravity system is open for a lot of development to hook into new sewer services. One of the problems with the Saguaro Bloom lift station is both pumps are very big. We don't anticipate pumping 650 gallons of water a minute into that facility for probably 15-20 years. One of the things we could do is put a smaller force main system in so that some of the earlier flows can be put into a smaller diameter force main so that the operations and maintenance problems aren't so much of an issue, and you could reduce the capital costs initially. One of the things we're Draft minutes - September 10, 2013 2 09/19/2013 Page 12 of 40 looking for is Council direction to look at some of the options. Council Member Kai asked if on the North Marana/Luckett option, once you get it behind Rillito Vista, is that 15 inch gravity main large enough to flow to the northwest or should we be oversizing from that point on. Thom Martinez replied that there are several options integral to the Saguaro Bloom option, and taking Saguaro Bloom flows permanently to North Marana may not happen. At some point, you may take them to the airport so that you don't have to upsize some of those downstream flows. Right now we're showing pipe bursting in the existing 12 inch line Council Member Kai noted that any time you upsize for people coming on later, that's where the cost really rises. Thom Martinez agreed and stated that the benefit we do have is that downstream there are a lot of parallel ways we can get through town. The 208 process right has several of these satellite facilities that we can choose to be permitted. Probably the 1 strategy is to take these flows up north and build those gravity lines so you can st eloping, and when you run into sewer capacity issues, you can build another treatmen er south and then prepare for those state land parcel further west of Saguaro Bloo� Whi llion Ranch, etc. Vice Mayor Post asked about the cost of goi t on Avra Valley nders and tying in to the Luckett treatment plant. Thom Martinez running a pressure sewer all the way to Moore. discussed. There are a lot of things t t we'll have we're concerned about as far as tim 'n� to also asked if there were offsets for o Martinez replied that that is the heart that we're showing is goin to need to b pay an impact fee. If t ides to investment. The th s wi new rules, the town can g nd buil charge the developer th opri anyway. S wou would a t of sf Discus mong Counc tinu developer town put in ines. research the utes — Avra ley ded that I�xi't acc a prelimina alysis was done s many fl s the option just d along Avra y Road that Saguaro Bloom flo s quickly. He act fees for developers. Thom ltants are looking at. The sewer � for which they would also � n, t 's a significant capital �ned in the new impact fee � and put�at into that benefit area and at sewer that would have had to be built or that investment. And then the town guaro Bloom in the interim. to the cost and payback time depending on whether the cil Member Comerford asked if staff could � nd Tangerine/I-10 to find out how much is actually State Land that ould have cquire permits for. Gilbert Davidson replied that would be entirely appropriat noted staff didn't want to spend too much money on this preliminary analysis. 1 o take some time and meet with State Land and feel out how willing they are to work to expedite things. We have a pretty good understanding of the Tangerine routes for the o rship rights that we already have, but we could definitely research more along Avra Valley Road. There is a clock ticking, and homes are being sold. There are already 60 homes at Saguaro Bloom. Vice Mayor Post asked if under Option 4 staff could find out how much capacity there is from the Avra Valley area down that route. Thom Martinez stated that what's difficult about what we're doing now is the 10-year period, especially coming out of the economic downturn, it's much more difficult to predict where you're going to get the most bang for your buck. Draft minutes - September 10, 2013 3 09/19/2013 Page 13 of 40 Mayor Honea clarified that staff and Mr. Martinez would look into time to build, cost and comparison of the two options discussed in a timely manner. Mr. Kmiec continued with the water utilities service area portion of his presentation. He is going to propose looking at two areas of water systems that staff believes are going to have to have capital investments over the next 10 years. One is the North Marana area and the other is the Twin Peaks area. The estimated total cost for the North Marana area is $10.6M. The cost for the Twin Peaks area is $3.2M. He reiterated that he was looking for direction from Council options for wastewater as well as moving forward with th sure they are in place by July 2014. He also pointed o proj ects going on at the park wastewater facility. T rd for the public to view while construction occurs. �king more closely at the tant on rate studies to make �rds set up to show the current � placed in the MMC lobby M otion by V ice lVlayo� l secon d by Co u n em be� �iegle� to h a �esea�ch on the i`1v�a Valley and l ange�ine�l�illi stew�pption: 3: Presentation: Relating to Parks a of the Marana Heritage River Park. Tom Ellis presented an u He emphasized that fo from the Manager's E development, enginee vision forward� In March the mast lan acre p e 1 arge s where t n builds it, proj ect tha es room for unanimously, development where e going with this proj ect. ' ipli task force of town staff . muni e opment, economic have worked very hard to bring the Council's of UA's Drachman Institute to put together d progressive in its direction for a 160- �t be built in the traditional delivery method takes care of it. The concept was to come up with a rofits to come on board to bring this to fruition. With Council's val of the chman master plan, management gave the task force a direct set of orders: get m . As p f the budget planning for this fiscal year in the CIP process, $1.9M was allocated fo ose. The task force used resources through its on-call consulting engineer contra olicited the help of Schlesinger Consulting Engineering, McGann & Associates, and GLHN Architects and Engineers whom we had used in the past for a design concept report and a mass grading plan which delivers a detailed site survey, a master drainage plan and a master utility plan and architectural themes and guidelines, etc. Staff has been meeting with the consultants weekly and bi-weekly. The Managers have been meeting with developers and builders at the same time. He then presented the schedule with the Phase II Heritage Ranch Design due in December. Site grading starts in January. It's a very tight schedule, but everything is on schedule. Draft minutes - September 10, 2013 4 ff do fu�the� 09/19/2013 Page 14 of 40 Coming back to the master plan, Drachman basically gave staff the bones of the proj ect. Moving forward, the DCR expands the concept. Special attention will be paid to the Marana ranch area per earlier Council direction as the first phase of the construction. In January, the consultants will bring on the team firms who are experts in equestrian center design. Under current development is the Heritage Farm which is the easiest thing to do. This gives us an immediate opportunity to get community members and people out there to bring interest to the park A separate crew of 10 inmates from the Marana Correctional Faci ' with their own supervisor are working at the property right now. With the help of the task nd Steve Vasquez from the Planning Department, one of the first things built will be play and demonstration garden on three-quarters of an acre directly behind the Herita e then walked Council through the site. There will be water harvesting opportunit' ortunit use solar power and how to grow food in your own backyard. By the spr' 014 and afte ears we should be ready for a grand opening. Along with that, we sho ee some significant a ' behind the display garden. Crews have built 40 8x30 feet commun rden sp bound by ties. They've been tilled and have irrigation. Ther re protocols 1 r people to u en working in these gardens. Twelve slots will be in October 1 and winter gardens. The rest will be open in the spring, and people are The challenge before us i community involved help run that so that . equestrian and comme Tom gave cr ' or getti� 4: Pre� action ' ' :�lz g design �munity farming. e ha continue to keep the nd munity Development will . eloper residents close by, all the and know what's going on at all times. �'ost, Deputy Town Manager. ;�iscussion, consideration and possible the Town of Marana's Downtown District. Presented b t Woody. gan b�cussing commerce attraction. He went back to the Strategic Plan a id that we he right track. A couple of months ago, Council adopted a program — the Mar einvest fund — which includes landscaping proj ects along Sandario and Marana Roads. a itizens' Forum was also looking at issues involving the North Marana area, and one of as this. They were concerned with first impressions. The recommendations were with landscaping, drainage channels and a monument. Mr. Woody then showed current conditions, and posed the question: Is this what we want to portray to professionals and business to this area — to create the Marana Main Street experience? Several monument entrances were photographed as a benchmark to compare against. Steven Vasquez put some concepts together that were presented to the Forum delegates a couple of weeks ago. Mr. Woody presented the three concept drawings shown to the Forum delegates and then described the finishes that were used for the design. He noted that there is flexibility in using different materials than those presented. The third concept design incorporated all the elements Draft minutes - September 10, 2013 5 09/19/2013 Page 15 of 40 in the town's logo/seal — planter areas, verticality, cut steel lettering, concrete panels and a water feature made of iridescent or lighted tiles to depict water. Other elements could be added to the walls. Vice Mayor Post asked what would happen to the existing entrance element. There was some discussion about moving it to the Heritage River Park. Mr. Woody continued with the plan for extended landscaping along Sandario and Marana Roads in the public right of way to further highlight the monument area. Plans for drainage and irrigation lines for the extensions will be included in the overall design. Vice Mayor Post asked if this was a design change for before or after realignment of the downtown area. Mr. Woody responded that this is a"before." Staff would like to see this happen right away because the ide o get this done to attract more commerce to the area. Council Member McGorray aske ' uld be accomplished within the year. Mr. Woody responded affirmatively. Council M� to the future expansion of the road. Vice Mayo was five years, as long as the concept is there is, you might be able to move it or refresh it. quickly because we have a lot of in- use capabili estimated cost and where the mone 'n� fro: of the monument and down Sandario : and $200K. Because of the reinvestmen �r About half of the progr� the consultant. Depe� left to be put toward discretionary fund. Mr. or conting . I1 town' s area using res nds fo very j udicio r th� making an inve t on, getting that are Member Bowen aske e�Come asked if it could correlate said that even life of the monument e entrance to where at business district �oody sa�hat this co e done rather rk. Mayor �a asked for the ody responded tha�the broad cost be in the neighborhood of $160K nds could be allocated to this. �c aster plan being done by there could be about $40-SOK o come from the contingency or �ed a motion to authorize using town reserve in front of the Chevron station is in the throw some DG and a few plants in that n asked for staff s recommendations for lik '. Mr. Davidson responded that the town has been ving t d reserves. Over the years, Council has discussed of the town. If you want people talking about what's going getting some nice landscaping in will help do that. Council �ation on the difference between contingency and reserve. Mr. Davidson said that they a in the same. We basically have a savings account, and we allocate a certain amount in the annual budget for contingency or emergency funding for spending at Council discretion. Mr. Woody said that if the directive is to spend no more than $200K, he thinks that's very do-able. Mac Murray said that the only lighting that could be included in that figure would be for the monument., not for street lighting. Council Member Kai asked if it would be possible to get some of the business owners in the area to come up with some money to repave their area to improve the general appearance. Mr. Woody said he thought if staff took this plan to them, it might encourage them to go along with us and clean up their . par ing ot areas. Draft minutes - September 10, 2013 6 09/19/2013 Page 16 of 40 Vice Mayor Post asked if it would be possible for the property owner of the vacant land next to the Marana Market to clean it up or for the town to get a license agreement with the property owner to clean it up. Deputy Manager Post said that it was his understanding Circle K was in discussions with the property owner for expansion. Jane Fairall said a license agreement could be done administratively without a formal motion. M otion by Council lVlembe� �iegle� to autho�ize the use of contingency funds not to exceed .�2��,�� fo� the pu�pose of const�ucting a new ent�ance m ent at Sanda�io and lVla�ana R oads, including vegetation, i��igation and uplighting C itu�es fo� this pu�pose ove� .�2��,��would �equi�e additional Council app�oval, Council lVlembe� lVlc�o��ay, Council Member Comerford asked if the Citize ' um s d a design. Mr. Woody . stated that they selected Design Concept #3 a g �e e m e n t f o th o � n �; � Me m b e �s Z iegle� and lVlc�o��ay, the motion was ame o add �esign Con � as the p�efe��ed choice, l unanimously, _ Council thanked staff for all of their Executive Session pursuant to A.R.S: consultation for legal advice with the agenda. 1: Executive Sessio� consultation for legal agenda. - Notwith or more Co r agenda for the Marana Town Co cil may ask for discussion or ny matter listed on this 1�)(3), cil may ask for discussion or concerning any matter listed on this �et garding the items to be placed on the agenda, if three that a m be placed on the agenda, it must be placed on the � Council meeting after the date of the request, pursuant to ADJOURNMENT. M d,jou�n at 7.�55p.m. b,. V;�e Ma,.o� Post, second b,. Co�n�;� M embe� L�owen, l u nimously, CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on September 10, 2013. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk Draft minutes - September 10, 2013 7 09/19/2013 Page 17 of 40 115 5 5 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 8 5 65 3 2nd Floor Conference Center, September 19, 2013, 8:00 AM To: From: Mayor and Council Jocelyn C. Bronson, Town Clerk Strategic Plan Focus Area: Not Applicable Item L 1 Subj ect: Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a special event liquor license application submitted by Mary Carter, on behalf of the Marana Health Center for the Music in Marana event to be held on October 12, 2013. Discussion: This application is for a special event liquor license submitted by Mary Carter on behalf of the Marana Health Center for the Music in Marana event to be held on October 12, 2013 at 13395 N. Marana Main Street. The applicant has also applied for a special event permit from the Town, pursuant to Chapter 10- 6 of the Marana Town Code. A special event liquor license is a temporary, non-transferable, on-sale retail privileges liquor license that allows a charitable, civic, fraternal, political or religious organization to sell and serve spirituous liquor for consumption only on the premises where the spirituous liquor is sold and only for the period authorized on the license. Qualifying organizations will be granted a special event license for no more than ten (10) days in a calendar year. Events must be held on consecutive days and at the same location or additional licenses will be required. The license is automatically terminated upon closing of the last day of the event or the expiration of the license, whichever occurs first. The qualified organization must receive at least twenty-five percent (25%) of the gross revenues of the special events. Pursuant to state law, a person desiring a special event liquor license must request a special event application from the Department of Liquor Licenses and Control (DLLC) The applicant then must file the application with the town for events occurring within the town's limits. The town may then recommend approval or disapproval of the special event liquor license. If the special event liquor license application is approved by the Town Council, and the event meets the requirements for granting the license, the director of the DLLC will issue a special event liquor license to the qualifying organization. If the application is disapproved by the Town Council, the DLLC will normally not consider the application. ATTACHMENTS: Name: Description: � Marana Healthcare Center Special Event Application 20130829.pdf Music in Marana application - redacted JM Staff Recommendation: Type: Backu p Material 09/19/2013 Page 18 of 40 Staff recommends approval of this special event liquor license application. Suggested Motion: Option 1: I move to submit to the DLLC a recommendation of approval of the special event liquor license application submitted by Mary Carter on behalf of the Marana Health Center for the Music in Marana event. Option 2: I move to disapprove the special event liquor license application submitted by Mary Carter on behalf of the Marana Health Center for the Music in Marana event. 09/19/2013 Page 19 of 40 �. � � -• _- _ •- - _ - - — — — — — — — — — — � � . — — — , � �: �: , - - -- - , � I ,; , . __ . . .: � .�� , . �� . . . ,y .. �f � _ �. -- �2 7 KC. #' �. �, f 1 ._. � �� { f'- I[ . I+ � �� i3r4L• v i � �F t ? � � !!� . 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Bronson, Town Clerk Strategic Plan Focus Area: Not Applicable Item L 2 Subj ect: Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a special event liquor license application submitted by Claudio Martinez on behalf of the American Diabetes Association for Bikers Against Diabetes (BAD) to be held on Saturday, October 19, 2013 Discussion: This application is for a special event liquor license on behalf of the American Diabetes Association for an event to be held on Saturday, October 19, 2013 and located at 7355 I-10 Frontage Road, Marana, 85743. The applicant has applied for a special event permit from the town, pursuant to Chapter 10-6 of the Marana Town Code. A special event liquor license is a temporary, non-transferable, on-sale retail privileges liquor license that allows a charitable, civic, fraternal, political or religious organization to sell and serve spirituous liquor for consumption only on the premises where the spirituous liquor is sold and only for the period authorized on the license. Qualifying organizations will be granted a special event license for no more than ten (10) days in a calendar year. Events must be held on consecutive days and at the same location or additional licenses will be required. The license is automatically terminated upon closing of the last day of the event or the expiration of the license, whichever occurs first. The qualified organization must receive at least twenty-five percent (25%) of the gross revenues of the special events. Pursuant to state law, a person desiring a special event liquor license must request a special event application from the Department of Liquor Licenses and Control (DLLC) The applicant then must file the application with the town for events occurring within the town's limits. The town may then recommend approval or disapproval of the special event liquor license. If the special event liquor license application is approved by the Town Council, and the event meets the requirements for granting the license, the director of the DLLC will issue a special event liquor license to the qualifying organization. If the application is disapproved by the Town Council, the DLLC will normally not consider the application. ATTACHMENTS: Name: Description: Type: � Bikers Aqainst Diabetes A�plication 20130821.pdf Bikers Against Diabetes application Backup Material Staff Recommendation: 09/19/2013 Page 24 of 40 Staff recommends approval of this special event liquor license application Suggested Motion: OPTION 1: I move to submit to the DLLC a recommendation of approval of the special event liquor license application submitted by Claudio Martinez on behalf of the American Diabetes Association for an event to be held on Saturday, October 19, 2013 OPTION 2: I move to disapprove the special event liquor license application submitted by Claudio Martinez on behalf of the American Diabetes Association for an event to be held on Saturday, October 19, 2013 09/19/2013 Page 25 of 40 AF�1��1��1 �EP�►F�T�VfENT �F LI�IJ�� N�� ITf��L 8�� VIl�VIl��hi��t�� i� Fl��r P#��rii�c, Ari�or�� 5��-��4 �� .�4� ��F��.��ATI�f� .f �Fi.��.P��l�#L EII.Ef�T L.I�EN�E - ,.. . �� = ��.�� .r. �� f�r � -� � da�� rrer�� nl� A s�rv�� f�� f $��.�� v�rill b� �h�r �d f�r all �i��r��r�d �h��c� �.F�.�. ��-�� l�T�: �H�� l��lE1VT �IL�� BE F�lLLY ��I�PL�1`E� �Ft ��' �ILL �E ��TLJF�f��. � � PLEA�E �LL�1111'�� L��IfVE�� A�� 1� ��E��IN�, '�'��#pp�i�ati�n �nust �e �ppr�v�d �� lo�al ��v�r�r�nent i��f�re s��is�i�r� t� ��L� v�� r�'� ��par��ent �f Lit��r Li��ns�s �nd ��ntr��. ��e�ti�n #�� s� # � . ��1'1� �� I"��11��1: Ar�eri�n Dia�e�es �ssa��ati�n �. fV�r�-�r�fi�11.F�.�. T��c ��c�r�pt fV�rr��er: ��-�� . Th� �rg�ni��i�r� is �: ��e�lc �� b�� r�l�� arit��l� ❑ Fr�t�rr�a�� rr��st I��r� regula�r rr��r�b�r�hip �nd ir� ��cis��n�� f�r �v�r � jr�ar�} �] �i�ri� � ❑ F��lia�i�us ❑ ��liti�al P�r�}�, ��Il�t �Ill��r�, �r �arr�p��r� ��rnrr�i��e �. 1�a�t is th� p�rp�� f t�i�.��r�r�t�[� �n-�it� ��nsu�npti�n ❑ ��F sit� ��r��urr�pti�n ��ti�r�� ❑ ��th Bi�c��s �gains� Di�b�t�� {BAD} F�ide �� s�pport t�� Arr��ri�� D�a�et�s Ass��i��i�n'� pro�� nd r��ar�h in ��. � �. L��ti�n �f the �If�nt; �� -� � �astb��nd �ron#a�e F�D T��s�n P�rna a�� Addr�� of �h��i�al Io��#ion {IV�t �,�. B��c� �ity �ounty �i� A�pli�ant r�ust b� a rx�err��er �f �h� auai�fi�ina� �rc�ani�a�i�� 2�nd �uth�ri�ed ��r �n �ffi�er, Dir��t�r �r �hair��rs�r� �f the �rc�a�i��t��n n�r�ed ir� C.�ue�ti�n ��. [�i�n�tur� requir.eci in s��ti�r� #��1�� . �4p�li�an�: nn��,�� ,a�� L��t �irst llAiddle Date �� Birth �. �ppli��r�t's ��ilir�� Addr�ss: �� t, rv�� z �� s#r��t ci�y stat� �ip � . � ��f'�� '1'1 �� I�S : � ��o �� 1-�38� �2� 2��-��41 ��t� ��nrner � A�pli��r�#'s B�siness � �p�li��nt'� Ho�n� # �. D��s� �c F �� E1f��1t: �see �4.1�. �. �-��4{1 �� and �� 7� f�r I�g�l hours of senri��} ��t� D�� f Vlle��C I�-I��rs f�'�r� A.I�.�P.Ni. �� .�!#.1P.1111, D�y '�,: ��t�ber 1 �, ��'� � ��t�rda� � �:�� PIIII �l��n �:�� Pf� D�� : C]ay �: D�y 4: �� : �a�� : �� ; �� : Q�y 9: D�y 1�: ��i�ab��d indi�vidu�� r�q�iring sp��i�� a��mmoda�i�n�, p�� all ��2�� 9�� S�p��mb�r �011 09/19/2013 Page 26 of 40 ��. I-�� t#�� ppli��r�t ��n ��nvi�ted �f ��I�n� ir� th� p�st fi�r� ��r�, �r ha� � li�u�r li�e�� r��t�d�? � 1�E� � N� ��t#a�� c�l��ti�n if �� 1�.�h�s �rgani�ati�n h�� b�en i�su�d a�p��i�l �v�� li�ens� ��r � da�rs thi� �re�r, in��din� th�s ��r�r�t �n�t �� d � � d��s p�r �r��r�, � �. Is �h� �r��ni��i�n �sin� �h� ��rv��s �f � pr�r��t�r �r �th�r p�rs�r� t� r��n�� h� e�r�r�t� ❑ 1�E� 0 IV� �f �es, �tt�� a ��p�r �f #h� ��r��r��nt. 1�. �i�t �II pe�pl� ar�d �rgani��ti�n� v�r�� v�rill re�ei�� th� pr��ee��. Ac��ur�� for ��°lo �f th� pr��d�. �HE �F��IV��A"T�� APF�LYII�� IIAI��T F�E�EIIIE ��1� �F TH� �F�� F�EIIEN�J�� fiHE �PE�I�� E11ENT LIC�IJ�F� �ALE�. N�f'1"�� rneri��n Di2�betes As��i�tion ��°la P�roenta�� Add�`��S �� E. ��e�v�r� ,�uite 1��, Tu��n A� �5�"�� 1'1� Percentage ACI� �`�SS {A�tt��h �C1dl#IOfl�l sh�e# lf �e�e��ry� ��. �Cn�v�rl�d�� f �ri��n� �t�at� Li��r ��v�rs Titl� � is i rr�p�r��nt t� �r��nt liqu�r I�� ri�l�ti�n�. If ��u ha�� n� questi�ns r�ga�rdir�g t�� la�v�r �r #his ap�li�a�i�n pl��s� ��nta�t th� Ari��n� �t�t� D�partrr�ent �f Liqu�r L��n��s �� ntr�l f�r a��sistan�e. 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CIVIC CENTER DRIVE, MARANA, ARIZONA 8 5 65 3 2nd Floor Conference Center, September 19, 2013, 8:00 AM To: Mayor and Council From: Frank Cassidy, Town Attorney Strategic Plan Focus Area: Not Applicable Item A 1 Subj ect: Ordinance No. 2013 .023 : Relating to Development; approving and authorizing the Mayor to execute Amendment No. 1 to the Marana Regional Landfill Development Agreement. Discussion: In November 2010, the Council approved the Marana Regional Landfill Development Agreement ("Landfill DA" or "DA") between the Town of Marana, DKL Holdings, Inc. ("DKL"), and H. Kai Family NG1, L.L.C. ("Kai"). (Subsequently, Kai sold the property in question to Waste Management and Waste Management assumed the role of developer of the proj ect, although DKL retained certain obligations under the DA relating to funding of offsite improvements.) The DA regulates the development of the Marana Regional Landfill, a municipal solid waste landfill located approximately one mile north of Avra Valley Road, one mile east of Trico Road, and one half mile south of Silverbell Road in a portion of Section 1, Township 12 South, Range 10 East. The Landfill DA as originally approved required the developer to make a number of improvements to Avra Valley Road. Included within these improvements was a requirement to slurry seal or asphalt overlay the approximately six miles of Avra Valley Road located in the town limits by opening day of the landfill, as mutually agreed to by the developer and the Town, based on findings of a geotechnical report the developer was required to obtain. The geotechnical report required by the DA has been obtained and concludes that substantial sections of the pertinent roadway are not suitable for overlay, and those sections that are would require a thick overlay. Thus, the report concludes that slurry seal or asphalt overlay is not the preferred methodology for improvements to Avra Valley Road. As a result of this clarification of the condition of the roadway, the Town, DKL and Waste Management have reached a new agreement regarding the Avra Valley Road improvements which is set forth in the proposed Amendment No. 1 to the Landfill DA. The key terms of the amendment are as follows: 1. In lieu of completing the slurry seal or asphalt overlay of the six-mile stretch of Avra Valley Road located in the Town limits by opening day, Waste Management will pay the Town $600,000 within 10 days of execution of the amendment, and DKL will pay the Town $500,000, paid in 12 equal installments beginning on April 15, 2014, and every three months thereafter. 2. A requirement of the DA that the developer provide slurry seal or asphalt overlay of a section of Avra Valley Road from I-10 to the East Marana Town line by opening day, if that roadway was not improved by third parties, would be amended to provide the developer with more time to complete this work, if necessary. The proposed amendment provides that the developer shall provide the slurry seal or 09/19/2013 Page 31 of 40 asphalt overlay of that portion of the road prior to the third anniversary of opening day if improvements have not been completed by third parties by that time. 3. Related to the amendment noted in paragraph 2 above, if the developer fails to complete the required slurry seal and/or asphalt overlay by the third anniversary of opening day, the developer shall pay the Town a royalty equal to $0.25 per Ton of Net Tonnage deposited at the landfill from the deadline date until the required work is completed. In all other respects, the original DA shall remain in unchanged and in full force and effect. ATTACHMENTS: Name: Description: � Ord for Land DA.DOC Ordinance 2013.023 � Ex A for Land DA im.doc Exhibit A to Ord 2013.023 Staff Recommendation: Staff recommends approval of the amendment to the Landfill DA. Suggested Motion: Type: Ordinance Exhibit I move to adopt Ordinance No. 2013.023, approving and authorizing the Mayor to execute Amendment No. 1 to the Marana Regional Landfill Development Agreement. 09/19/2013 Page 32 of 40 MARANA ORDINANCE NO. 2013.023 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 1 TO THE MAR.ANA REGIONAL LANDFILL DEVELOPMENT AGREEMENT. WHEREAS on November 3, 2010, the Marana Town Council adopted Ordinance No. 2010.19, approving and authorizing the Mayor to execute the Marana Regional Landfill Development Agreement (the "Development Agreement"); and WHEREAS the Development Agreement provided for the developer to provide certain Avra Valley Road improvements as mutually agreed to by the developer and the Town based on findings of a geotechnical report to be obtained by the developer; and WHEREAS the geotechnical report has now been obtained and provides clarification regarding the condition of the road and the preferred methodology for completing the Avra Valley Road improvements; and WHEREAS the developer and the Town now desire to amend certain provisions of the Development Agreement relating to the Avra Valley Road improvements; and WHEREAS the Marana Town Council finds that the amendments to the Development Agreement contemplated by this ordinance are non-substantial changes made to provide clarification to the developer and the Town; and WHEREAS the Marana Town Council finds that the Marana Regional Landfill Development Agreement, as amended by this ordinance, is consistent with the Marana General Plan, applicable specific plans, and relevant Town policies; and WHEREAS the Marana Town Council finds that Amendment No. 1 to the Marana Regional Landfill Development Agreement is in the best interest of the Town and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MAR.ANA, ARIZONA, AS FOLLOWS: SECTION 1. Amendment No. 1 to the Marana Regional Landfill Development Agreement is hereby approved in the form attached to and incorporated by this reference in this ordinance as Exhibit A. Marana Ordinance No. 2013.023 - 1- 09/19/2013 Page 33 of 40 SECTION 2. The Mayor is hereby authorized and directed to execute Amendment No. 1 to the Marana Regional Landfill Development Agreement 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 ordinance. PAS SED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MAR.ANA, ARIZONA, this 19 day of September, 2013. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Marana Ordinance No. 2013.023 - 2- 09/19/2013 Page 34 of 40 AMENDMENT NO. 1 TO MARANA REGIONAL LANDFILL DEVELOPMENT AGREEMENT TOWN OF MARANA, ARIZONA THIS AMENDMENT NO. 1 TO MARANA REGIONAL LANDFILL DEVELOPMENT AGREEMENT (this "Amendment") is entered into as of this day of , 2013, by and among TOWN OF MARANA, ARIZONA, a municipal corporation ("Town"), DKL HOLDINGS, INC., a Delaware corporation ("DKL"), and WASTE MANAGEMENT OF ARIZONA, INC., a California corporation ("Waste Mana ement"). RECITALS A. Town, DKL and H. Kai Family NG1, L.L.C. ("Kai") are parties to that certain Marana Regional Landfill Development Agreement dated as of November 3, 2010 (the "Development Agreement") regarding the development of the Property as a municipal solid waste landfill and related facilities known as the Marana Regional Landfill. B. Effective as of September 7, 2012, concurrently with Kai's sale to Waste Management of the Property, DKL assigned all of its rights under the Development Agreement to Waste Management, and Waste Management assumed substantially all of DKL's obligations under the Development Agreement, such that Waste Management assumed the role as Developer under the Development Agreement as of such date. DKL retained certain obligations under the Development Agreement for the funding of certain improvements offsite of the Property. C. Pursuant to Section 47 of the Development Agreement, the Development Agreement may be amended by a written agreement executed by Town and Developer. D. Town, Waste Management (in its capacity as Developer) and DKL wish to amend the Developer's performance requirements under Section 28 of the Development Agreement, as provided herein. E. Initially capitalized terms used but not defined in this Amendment have the respective meanings given to them in the Development Agreement. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, the parties agree as set forth below: 1. Incorporation of Recitals. The forgoing recitals are incorporated by this reference as though fully set forth herein. Exhibit A— Ordinance No. 2013.023 09/19/2013 Page 35 of 40 2. Amendment to Requirements Under Section 28(d) of Development A�reement. (a) Within ten (10) days following Town's execution and delivery of this Amendment (following prior approval of this Amendment by Town Council), Waste Management shall pay Town the aggregate amount of Six Hundred Thousand Dollars ($600,000). Based on such payment obligation of Waste Management and in light of DKL's payment obligation under Section 3 below, upon receipt by Town of such Six Hundred Thousand Dollar ($600,000) payment from Waste Management, the requirement in the first sentence of Section 28(d) of the Development Agreement regarding slurry seal and./or asphalt overlay work to be performed by Developer prior to Opening Day shall be deemed waived by Town without any further notice or action by Town. (b) The second sentence of Section 28(d) of the Development Agreement is hereby amended to read as follows: "If the section of Avra Valley Road from Interstate 10 to the current East Marana Town line has not been improved by third parties prior to the third anniversary of the Opening Day, then Developer shall, before such third anniversary, provide slurry seal and/or asphalt overlay on that section of Avra Valley Road not already improved prior to Developer's slurry seal and/or asphalt overlay work." (c) After giving effect to the amendment referred to in clause (b) above, Section 28(d) of the Development Agreement is hereby further amended by inserting the following provisions at the end thereof "Notwithstanding the foregoing, if Developer is prevented from being able to complete such slurry seal and./or asphalt overlay work by the third anniversary of the Opening Day based on the actions of Pima County, Town or any other governmental authority (or any agent thereo�, the time period for Developer's completion of such work shall be automatically extended by an amount of time equal to the duration of such delay. If Developer fails to complete such slurry seal and/or asphalt overlay work by the third anniversary of the Opening Day, as such deadline may be extended pursuant to the immediately preceding sentence, Developer shall pay Town a royalty equal to $0.25 per Ton of Net Tonnage deposited at the Landfill from the day after such deadline date through and including the date on which such work is completed, whether by Developer or any other person or entity. Such royalty shall be calculated on a calendar quarter basis and paid to Town within thirty (30) days after the end of the calendar quarter in which such royalty is earned." 3. Further Payment Obli�ations. DKL shall pay Town the aggregate sum of Five Hundred Thousand Dollars and Four Cents ($500,000.04) in twelve (12) equal installments of $41,666.67 each, with the first such installment to be paid on April 15, 2014, and with each successive installment to be paid every three (3) months thereafter (i.e., July 15, October 15, January 15, April 15, etc.) until such aggregate payment obligation is fully satisfied. If DKL defaults in making any such installment payment when due, and fails to cure such default within ten (10) days after written notice thereof is given to DKL, Town may, by written notice to Waste Management, require Waste Management to make such payment on DKL's behalf. Waste Management shall pay such amount to Town within ten (10) days after Waste Exhibit A— Ordinance No. 2013.023 2 09/19/2013 Page 36 of 40 Management's receipt of such written request therefor. Any such payment by Waste Management shall be counted and included in satisfaction of DKL's aggregate payment obligation under this Section 3. 4. Effectiveness of Development A�reement. Except as expressly provided in this Amendment, the Development Agreement remains unchanged and in full force and effect. 5. Notices. All Notices which shall or may be given pursuant to this Amendment shall be in writing and shall be deemed to have been duly giving if (a) delivered personally to the party at the address set forth below; (b) deposited in the United States Mail, certified return receipt requested, postage prepaid to the party and addressed as set forth below; or (c) personally delivered or mailed in like manner to such other address as either party hereto may designate in writing. If to Waste Management: Waste Management of Arizona, Inc. Attention: General Counsel 222 South Mill Avenue, Suite 3 3 3 Tempe, Arizona 85281 If to DKL: DKL Holdings, Inc. Attention: Larry D. Henk 2454 South 7 Avenue Phoenix, Arizona 85007 Fax: (480) 419-3543 If to Town: Gilbert Davidson, Town Manager Marana Municipal Complex 115 5 5 W. Civic C enter Drive Marana, Arizona 85653 Fax: (520) 3 82-1998 With a copy to: Frank Cassidy, Town Attorney Marana Municipal Complex 115 5 5 W. Civic C enter Drive Marana, Arizona 85653 Fax: (520) 3 82-1998 Any party hereto may designate any other address for this purpose by written notice to the other party in the manner described herein. Notices shall be deemed given and received on the date personally delivered or two (2) business days after being mailed. 6. Third Parties. No term or provision of this Amendment shall be for the benefit of any person or entity not a party hereto, and no such other person or entity shall have the right or cause of action hereunder. 7. Recordation. This Amendment shall be recorded in the Official Records of the County Recorder of Pima County, Arizona, not later than ten (10) days after its full execution. 8. Amendment to A�reement. No change of addition is to be made to this Amendment except by written amendment executed by Town, Developer and DKL. Exhibit A— Ordinance No. 2013.023 09/19/2013 Page 37 of 40 9. Authorit_y. Each of the parties represents and warrants to the other that the persons executing this Amendment on behalf of the respective parties are authorized and empowered to bind the party on whose behalf each such individual, in his/her official capacity, is signing. 10. Entire A�reement. This Amendment constitutes the entire agreement among the parties hereto pertaining to the subject matter hereof and all prior and contemporaneous agreements, representations, negotiations and understandings of the parties hereto, oral or written, pertaining to the subj ect matter hereof are hereby superseded and merged herein. [Signatures on Following Page] Exhibit A— Ordinance No. 2013.023 4 09/19/2013 Page 38 of 40 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to Marana Regional Landfill Development Agreement to be effective as of the date first written above. STATE OF ARIZONA ) ) ss. County of ) TOWN OF MARANA, ARIZONA, a municipal corporation By: Name: Title: Attest: Marana Town Clerk Approved as to Form and Within the Powers and Authority Granted under the Laws of the State of Arizona to the Town of Marana Marana Town Attorney This agreement was acknowledged before me this , the corporation, on behalf of the Town of Marana. My Commission Expires: Exhibit A— Ordinance No. 2013.023 day of , 2010, by of the Town of Marana, a municipal Notary Public 5 09/19/2013 Page 39 of 40 DKL HOLDINGS, INC., a Delaware corporation By: Name: Title: STATE OF ARIZONA ) ) ss. County of ) This agreement was acknowledged before me this day of , 2013, by Larry D. Henk, the President of DKL Holdings, Inc., a Delaware corporation, on behalf of DKL Holdings, Inc. Notary Public My Commission Expires: WASTE MANAGEMENT OF ARIZONA, INC., a California corporation By: Name: Title: STATE OF ) ) ss. County of ) This agreement was acknowledged before me this day of , 2013, by , the of Waste Management of California, Inc., a California corporation, on behalf of Waste Management of California, Inc. Notary Public My Commission Expires: Exhibit A— Ordinance No. 2013.023 6 09/19/2013 Page 40 of 40